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Local Rules for the Superior Court
For Lincoln County
Index
Rule
1. Sessions of Court
2. Law and Motion Day
3.1 Juvenile Matters (Offender)
3.2 Juvenile Matters (Dependency)
4. Family Court, Mental Proceedings
5. Marriage Dissolutions
6. Setting Cases for Trial
7. Pre-Trial Procedure
8. Trial Briefs
9. Electronic Testimony or Evidence
10. Juries
11. Proposed Jury Instructions
12. Settlements, Jury Cases
13. Orders and Judgments
14. Requirements of Clerk’s Office
15. Court Reporting
16. Presence at Hearings
17. Court Interpreters
18. Suspension or Modification of Rules
SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR LINCOLN COUNTY
In Re Local Rules
Of the ORDER ADOPTING LOCAL RULES
Pursuant to Civil Rules for Superior Court, CR83, the
following Local Rules are hereby adopted by the Superior
Court of the State of Washington for Lincoln County, to be
in effect from and after the 10th day of September, 1990,
superseding all special rules and local rules heretofore adopted.
Dated this 4th day of September, 1990
(s) PHILIP W. BORST
Judge of the Superior Court
RULE 1.
SESSIONS OF COURT
There shall be one continuous session of Court from
9:30 a.m. until 4:30 p.m. each day, January 1st through
December 31st, excepting non-judicial days, which are hereby
designated to be every Saturday and Sunday and those days
designated by law as legal holidays, or specifically
designated as non-judicial days by the State Supreme Court.
RULE 2.
LAW AND MOTION DAY
A. Law and Motion Day shall be held each Tuesday
commencing at 9:30 a.m. (when necessary, and at the
direction of the Judge, some matters may be heard at 9:00
a.m.), except when Tuesday is a legal holiday, or when
cancelled by prior order of the Court. All matters
requiring 30 minutes or less shall be set on Law and Motion
day, unless other arrangements are made with the Court.
B. All matters to be heard on the regular Tuesday Law
and Motion docket shall be scheduled with the Clerk of the
Court not later than 12 Noon on the immediately preceding Monday.
C. The Clerk of the Court shall prepare a docket of
all matters regularly scheduled and shall distribute the
same to the Judge, attorneys (on request), Juvenile Office,
and 5 copies to the Bailiff, who is responsible for posting
the docket as follows: 1 on the docket board in the 2nd
floor hallway and 1 on each of the counsel tables in the
courtroom, the other 2 copies being for the Bailiff’s personal use.
D. Law and Motion Day matters will be heard in the
following order:
9:00 a.m. (1) adoptions and other matters to be heard
in chambers, at the discretion of the Judge.
9:30 a.m. (1) probate and guardianship matters;
(2) ex parte matters;
(3) default judgments;
(4) default dissolutions of marriage;
(5) trial settings;
10:30 a.m. (1) criminal matters;
1:30 p.m. (1) juvenile matters;
2:30 p.m. (1) show cause hearings, marriage dissolutions;
(2) all motions requiring argument and other contested
matters not requiring more than 30 minutes.
E. Special time settings on the motion docket may be
made with the Consent of the Court. Preliminary appearances
and arraignments may be held during any judicial day, on
arrangement with the Court.
F. Motions requiring 15 minutes or less shall be
heard in the morning. At the time of docketing, The Clerk’s
office shall be given notice of any matters requiring more
than 15 minutes, and these shall be scheduled for the
afternoon, after any juvenile matters which may be scheduled.
G. Matters requiring more than 30 minutes shall be
scheduled in the manner as trials.
RULE 3-1.
JUVENILE MATTERS (Offender)
A. Juvenile offender matters shall be heard at the
time set aside by the Court on Law and Motion Day (1:30
p.m., Tuesday), unless otherwise provided by the Court.
Upon filing of an Information by the Prosecuting Attorney,
the alleged offender shall be notified of the first
appearance by personal service of Notice and Summons by law
enforcement personnel, or as directed by court order, in
accordance with RCW 13.40.100 Notice and Summons shall be
delivered a minimum of 3 court days prior to the hearing
date. Court hearings succeeding the first appearance shall
be scheduled in open court in the presence of the juvenile
and his/her attorney (if applicable).
B. Law enforcement reports shall be filed within 7
days of the establishment of probable cause. Juveniles
lodged in detention are exceptional cases and shall require
a report to be filed within 24 hours.
C. Upon appointment/retention of an attorney for a
divertable offense (RCW 13.40.070), a decision regarding
acceptance/refusal of diversion shall be submitted to the
Diversion Union within 2 weeks of attorney
appointment/retention. The time frame may be extended by
notifying the Diversion Unit.
D. Predisposition reports shall be delivered to the
Court 3 days prior to disposition, or as otherwise agreed to
by the Court.
E. Attorney fees/detention costs:
1. Attorney’s fees may be assessed against the
juvenile, parent, or other person legally obligated to
support the juvenile, when public funded counsel is used for
defense (RCW 13.40.145).
2. Partial detention costs for adjudicated
offenders may be assessed pursuant to RCW 13.40.220.
Detention costs shall be based on the parties’ ability to
pay, not to exceed $25.00 per day/$300.00 per lodging in detention.
3. The State of Washington Determination of
Indigency Report form, pursuant to RCW 10.101.020, shall be
used in determining parental financial obligations
pertaining to 1 and 2 above.
4. A hearing, judgment, and order determining
parental financial obligations shall take place following
disposition, or as otherwise directed by the Court.
F. Costs paid into the registry of Juvenile Court
shall be disbursed in the following order:
1. restitution;
2. court costs;
3. crime victims’ compensation;
4. attorney’s fees;
5. drug fund.
RULE 3-2.
JUVENILE MATTERS (Dependency)
A. Juvenile dependency matters shall be presented in
court by legal counsel from the office of the Attorney
General, as arranged by the Department of Social and Health
Services. Dependency matters shall be heard by the Court on
Law and Motion day, succeeding juvenile offender matters,
unless otherwise provided by the Court. Notice and Summons
and Publication shall be as directed pursuant to RCW 13.34.070, 13.34.080.
B. Shelter-care hearings shall occur within 72 hours
for the youth taken into custody pursuant to RCW 13.34.050,
RCW 26.44.050, and RCW 13.34.060 (as amended under HB 2122).
Dependency petitions not subject to a shelter-care hearing
shall be hearing with the 75-day time framed provided by statute.
C. In accordance with RCW 10.101.020, a determination
of indigency shall be made for all persons wishing the
appointment of legal counsel involving dependency matters.
The same indigency reporting format used in juvenile
offender matters (Rule 3-1, E) shall be permitted in
dependency matters.
D. Social studies and predisposition reports are to
be presented to the Court 3 days prior to disposition, or as
otherwise directed by the Court.
RULE 4.
FAMILY COURT, MENTAL PROCEEDINGS
Family court and mental hearing proceedings will be
heard on special arrangement with the Court.
RULE 5.
MARRIAGE DISSOLUTIONS
A. Marriage dissolution petitions shall be
accompanied by a vital statistics form.
B. At the final dissolution hearing, if the proposed
Findings of Fact are verified by the petitioner and there
has been no formal appearance by the other party, the
personal appearance by the petitioner is not required.
C. If uncontested, the attorney for the appearing
party shall deliver a copy of the decree to his client and
mail a copy to the other party with the Court file mark
indicated thereon.
D. Child support payments shall be made to the
Washington State Support Registry, or other person entitled
to receive the payments under an alternate payment plan
approved by the Court as provided in RCW 26.23.050.
E. In all contested hearings or trials in domestic
relations matters, each party shall serve on the opposing
party a written pre-trial information form specified by the
Court at least 10 days prior to trial.
F. Application for temporary restraining orders,
support money, suit money, and attorney’s fees shall be made
on written motion supported by affidavit, signed by the
movant, and may be supported or controverted by oral testimony.
G. In all show cause orders where a party is directed
to “personally” appear and show cause, said party shall
appear in person and subject himself to examination by
counsel. Any such party must be given at least 5 days’
notice of the time and place of the show cause hearing.
H. Under RCW 26.19, state guidelines have been established
for child support, and this Court will follow such guidelines.
RULE 6.
SETTING CASES FOR TRIAL
A. Requests for trial settings in civil cases will be
heard on Law and Motion Day at the time they are regularly
noted for setting, upon proper written notice filed with the
Clerk of the Court.
B. Civil cases will not be set for trial unless
issues are fully joined, and all pleadings of the parties
have been filed.
C. The notice of trial setting shall contain the
nature of the cause, estimated length of trial, available
trial dates, and names and addresses of attorneys for the
parties and shall be signed by the attorney filing it, with
the designation of the party represented.
D. When a notice for trial assignment comes on for
hearing and a party demands or has demanded a jury, the
demand should be accompanied with a deposit of the jury fee.
Otherwise, a jury will be deemed waived, and the cause will
be set for trial to the Court. If a jury is demanded and
the jury fee is paid, the case will be set for trail at the
next regular jury term setting.
E. Notice of trial dates shall be given to all
counsel of record by the Clerk of the Court, and such
setting shall be deemed binding if no formal objection is
filed within 7 days thereof.
F. The Omnibus Hearing and pre-trial and trial dates
for criminal matters shall be set at the time of
arraignment, unless otherwise specifically provided by the Court.
RULE 7.
PRE-TRIAL PROCEDURE
If either party desires a pre-trial conference in civil
matters prior to the trial date, the Court shall be so
notified through the Clerk, and the same may be set. The
Court may, in its discretion, order a pre-trial conference
in any appropriate case.
RULE 8.
TRIAL BRIEFS
A. NOT LESS THAN 3 WORKING DAYS PRIOR TO THE
COMMENCEMENT OF THE TRIAL, the attorneys for the parties
thereto shall serve upon opposing counsel for each party,
and also furnish to the Court, a trial brief or memorandum
of authorities containing the legal issues involved and the
authorities supporting the same.
B, Nothing herein contained shall be construed to
restrict the right of any party to submit further briefs or
memoranda of authority at any other time during the trial of
the case.
RULE 9.
ELECTRONIC TESTIMONY OR EVIDENCE
When testimony or evidence is to be given via video
tape or motion pictures, it is the responsibility of the
parties to the action to obtain the proper equipment for
viewing such testimony or evidence.
RULE 10.
JURIES
Jury terms will be held at such times and for such
duration as demanded by the case docket and as prescribed in
advance by the Court.
RULE 11.
PROPOSED JURY INSTRUCTIONS
A. Proposed jury instructions shall be typewritten.
Each instruction shall be typed on a separate sheet of paper
which bears no marking identifying either the party or the
attorney presenting the instruction. NO CITATION OR OTHER
EXTRANEOUS MATTER SHALL APPEAR ON A PROPOSED INSTRUCTION,
EXCEPT AS HEREINAFTER PROVIDED.
B. Prior to the commencement of trial, the proposed
instructions shall be distributed as follows:
1. One (1) assembled and numbered copy shall be filed with
the Clerk;
2. The original and 2 copies, all of which shall be
assembled, shall be delivered to the Court.
3. Two (2) copies, both of which shall be assembled and
numbered and shall have placed thereon the citation of
supporting authorities, including the number of any
applicable Washington Pattern Instruction, shall be
delivered as follows: 1 to the Court and 1 to
opposing counsel.
C. Copies of Washington Pattern Instructions are not
provided by the Court. If such instructions are proposed,
they must be submitted in typed form with the suitable
number of copies as outlined above.
RULE 12.
SETTLEMENTS, JURY CASES
Whenever a cause has been set for trial as a jury case
and a date for the trial has been assigned and the matter is
settled, or will not be tried by a jury, for any reason
whatsoever, notice of the fact shall immediately be given to
the Court so that the jury panel can be dismissed. The
violation of this rule may result in unnecessary jury
expense, and the Court, in its discretion, may assess such
additional costs against the violating party for the jury
called for the trial.
RULE 13.
ORDERS AND JUDGMENTS
A. In all non-contested matters, findings, orders,
decrees, and judgments shall have the name of the presenting
counsel signed thereon on the day of presentment.
B. In contested matters, all findings, decrees,
orders and judgments shall be approved by the attorneys of
record, unless the same are presented for signing in open
court in the presence of all counsel, or are signed after
proper notice of presentment.
RULE 14.
REQUIREMENTS OF CLERK’S OFFICE
A. All pleadings, motions, and other papers presented
for filing with the Clerk shall be on 8 ½ x 11 paper and
shall be printed on one side only. The Clerk may refuse to
file any papers not in conformance with this rule.
B. Only on prior Court order will fax copies be
accepted as temporary file documents, the fax copy to be
destroyed upon receipt of the original signed document.
C. Files may be withdrawn from the Clerk’s office by
a Judge, or his bailiff, court commissioner, official court
reporter, practicing attorney of Lincoln County, or a title
company situated in Lincoln County, upon signing a receipt
therefore. Files may be withdrawn by attorneys outside of
Lincoln County upon written order of the Court. All files
shall be returned within 10 days, or sooner if requested by
the Judge or the Clerk of the Court.
D. An attorney, or other person, requesting an answer
to correspondence or confirmation on any pleadings or other
documents shall furnish to the Clerk a stamped, self-
addressed envelope for the convenience of the Clerk in
making a necessary reply.
E. The Clerk shall not be required to disburse any
funds paid into the registry of the court unless ordered to
do so by the Court.
F. Unless the order specifically provides otherwise,
all payments made in civil matters shall be by money order
or certified check.
G. The disbursement of costs paid into the registry
of the court in all criminal matters (except Juvenile. See
Rule 3-1 F) shall be disbursed by the Clerk in the following order:
1. restitution;
2. court costs;
3. crime victims’ compensation;
4. sheriff’s fees;
5. attorney’s fees;
6. drug fund.
RULE 15.
COURT REPORTING
A. Pre-trial and post-trial civil motions and other
proceedings will not be recorded by a reporter or by
electronic or mechanical recording unless requested by a
party to the action, or as directed by the court.
B. Civil trials will be reported only on request of a
party to the action, which party shall arrange for a court
reporter to be in attendance. The cost of such reporter
shall be an expense of the requesting party or parties. On
proper request, and then directed by the Court, 1-day trials
may be electronically recorded. All trials of longer than 1
day shall be reported by a court reporter as hereinabove stated.
C. In criminal matters, all pre-trial motions and
appearances will be recorded electronically, and the Court
will arrange for a court reporter to be in attendance for
criminal trials at the expense of Lincoln County.
D. If partial transcriptions are made of the record
during proceedings in Superior Court, a copy of such
transcription shall be furnished to the Judge.
RULE 16.
PRESENCE AT HEARINGS
Unless a personal appearance at hearings is required by
the Court, personal representatives and guardians may use a
verified petition, or testify by affidavit, at the time of
appointment, or when making an interim or final account.
RULE 17.
COURT INTERPRETERS
Qualified court interpreters shall be provided in
accordance with RCW 2.42 for proceedings involving hearing
impaired or non-English speaking individuals.
RULES 18.
SUSPENSION OR MODIFICATION OF RULES
The Court may suspend or modify any of the foregoing
rules, in any given case, upon good cause being shown
therefore, or upon the Court’s own motion.
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