MASON COUNTY SUPERIOR COURT
Shelton, Washington
LOCAL COURT RULES
TABLE OF RULES
General Rules
LGR 29 Presiding Judge in Superior Court
LGR 31 Access to Court Records - RESCINDED
Rules of Appellate Procedure
LRAP 9.2(a) Verbatim Report of Proceedings
Designation of Court-Approved Transcribers
Civil Rules
LCR 6 Confirmation Procedures and Cut-Off Dates for Filing Civil Motions and Responsive Documents
[Rescinded effective 9-1-2010]
LCR 7 Motions
LCR 40 Status Conferences, Mediation, Trial Setting Conferences
Appendix A Civil Mediation Statement
Appendix B Family Law Mediation Statement
LCR 53.2 Court Commissioners
LCR 59 Motions for Revision of Court Commissioner Orders - RESCINDED
LCR 93.04 Rescinded - Family Law Motion Calendar - Cut-Off Dates for Filing Motions and
Responsive Documents
LCR 94.04 Revoked - Dissolution of Marriage, Support, Modifications
Mandatory Arbitration Rules
LMAR 1.1 Application of Rules
LMAR 1.2 Matters Subject to Arbitration
LMAR 1.3 Relationship to Superior Court Jurisdiction and Other Rules
LMAR 2.1 Transfer to Arbitration
LMAR 2.2 Assignment of Arbitrator - RESCINDED
LMAR 2.3 Assignment of Arbitrator
LMAR 3.1 Qualifications
LMAR 3.2 Authority of Arbitrator
LMAR 4.1 Discovery - RESCINDED
LMAR 4.2 Discovery
LMAR 5.1 Notice of Hearing
LMAR 5.2 Prehearing Statement of Proof
LMAR 5.3 Conduct of Hearing - Witnesses - Rules of Evidence - RESCINDED
LMAR 6.1 Form and Content of Award
LMAR 6.2 Return of Exhibits - RESCINDED
LMAR 6.3 Filing of an Award - RESCINDED
LMAR 6.4 Judgment of Award - RESCINDED
LMAR 7.1 Request for Trial De Novo
LMAR 8.1 Stipulations
LMAR 8.2 Title and Citation - RESCINDED
LMAR 8.3 Compensation of Arbitrator - RESCINDED
LMAR 8.4 Title and Citation
LMAR 8.5 Effective Date
LMAR 8.6 Compensation of Arbitrator
Guardian ad Litem Rules
LGAL 5 Specific Guardian Ad Litem Registry Requirements
LGAL 7 Guardian ad Litem Grievance and Complaint Procedure
Criminal Rules
LCrR 4.2 Superior Court Commissioners - Authority - Criminal Cases
Juvenile Court Rules
LJuCR 7.1 Dismissal for Delay in Filing Information
Rules of Appeal of Decisions of Courts of Limited Jurisdiction
LRALJ 6.3A(c) Content of Transcript of Electronic Record
Local Special Proceedings Rules
LSPR 94.04 Family Law Actions
Exhibits
Exhibit A. Arbitration Award - RESCINDED
Exhibit B. Request for Trial De Novo and for Clerk to Seal the Award - RESCINDED
LGR 29
PRESIDING JUDGE IN SUPERIOR COURT
(a) Election, Term, Vacancies, Removal and Selection Criteria - Multiple Judge Courts.
(1) Election. The judges of the superior court shall elect a Presiding Judge and an
Assistant Presiding Judge who shall serve for a period of two years. The election will
take place in December of odd-numbered years, and the term shall commence on January 1.
The Presiding Judge and the Assistant Presiding Judge shall perform all duties of the
position required by General Rule 29.
[Adopted effective 9-1-2012]
LGR 31
Access to Court Records
RESCINDED
[Adopted effective 9-1-2005; Rescinded effective 9-1-2012.]
LRAP 9.2(a)
VERBATIM REPORT OF PROCEEDINGS
DESIGNATION OF COURT-APPROVED TRANSCRIBERS
Audio systems are used by Mason County Superior Court to record
all proceedings. The Judges of Mason County Superior Court hereby
adopt RAP 9.2(a), as amended, as a local court rule to require that
only a court-approved transcriber is authorized to prepare transcripts
from audio-recorded proceedings.
1. Primary Court-Approved Transcribers: Primary court-approved
transcribers are employees of Mason County Superior Court. The
following has been adopted concerning designation of primary court-
approved transcribers:
(a) Primary court-approved transcribers are subject to
qualifications set out in job descriptions adopted by Mason County.
(b) Transcripts prepared by employees of Mason County
Superior Court during regular business hours will be billed either to
the party or the appellate court (if the transcript is being prepared
under an Order of Indigency) and the county retains the income.
(c) Primary court-approved transcribers must charge rates
that are no more than the prevailing rates charged in the county. For
a criminal indigent appeal, primary court-approved transcribers will
receive the same rate as other transcribers and court reporters and
that rate is set by the Supreme Court.
(d) Superior Court is responsible for assigning backup
court-approved transcribers to assist with preparation of transcripts
when required.
2. Backup Court-Approved Transcribers: Backup court-approved
transcribers are required from time-to-time to assist the primary
court-approved transcribers with preparation of transcripts. The
following procedures have been adopted for selecting backup court-
approved transcribers:
(a) Application forms will be available for all applicants
interested in being designated as backup court-approved transcribers.
The purpose of the application is to screen interested persons to
ensure that only those with appropriate experience receive the court-
approved designation. Applications will be evaluated to determine
which applicants can be designated. At a minimum, all applicants must
have experience in typing legal documents and in transcribing
material.
(b) Applications should ask applicants what their fees are
for ordinary and expedited transcription. The court is responsible
for determining if these rates are within the standard range charged
in the county for similar work. A backup court-approved transcriber
must charge rates that are no more than the prevailing rates charged
in the county. For a criminal indigent appeal, the backup court-
approved transcriber will receive the same rate as other transcribers
and court reporters and that rate is set by the Supreme Court.
(c) Transcripts prepared by backup court-approved
transcribers will be billed either to the party or the appellate court
(if the transcript is being prepared under an Order of Indigency) and
that individual will retain the income.
(d) On a yearly basis, backup court-approved transcribers
will be required to submit a completed transcript for verification by
a primary court-approved transcriber.
3. Compliance with Rules of Appellate Procedure: All primary
and backup court-approved transcribers must agree to comply with all
Rules of Appellate Procedure which include, but are not limited to,
the following: RAP 9.2, RAP 9.5(a), RAP 9.5(b), and RAP 15.4.
Revised 9-1-07
LCR 6
Confirmation Procedures and Cut-Off Dates for Filing Civil Motions and
Responsive Documents
[Rescinded effective 9-1-2010]
LCR 7
MOTIONS
(b) Motions and Other Papers.
(1) How Made.
(A) Motion Docket. The civil motion docket shall be held on Mondays at 1:30 p.m.
All civil motions and motions for revision shall be heard on the civil docket.
(B) Confirmation Procedures. All contested matters to be considered on the civil
motion docket must be confirmed, as set out below, by calling the Clerk of the Court
at (360) 427-9670, Ext. 346, or by e-mail at superiorcourt-confirm@co.mason.wa.us.
Contested matters not confirmed will not be heard.
(i) Confirmations must be made with the Clerk of the Court before
10:00 a.m., two (2) court days before the Monday civil motion
calendar, i.e. by 10:00 a.m. on Thursday of the preceding week.
(ii) If the deadline for confirmation falls on a court holiday,
confirmations shall be made before 10:00 a.m. on the last court
day before the holiday.
(iii) Motions filed by those persons physically confined under a
court order shall be deemed confirmed at filing.
(C) Continuance of Confirmed Matters. Matters confirmed in accordance
with paragraph (B) (i) and (ii) are not subject to continuance, except with
permission of the Court, but shall be stricken and re-noted by the moving party.
[Amended effective 9-1-2010; 9-1-2012]
LCR 40
STATUS CONFERENCES, MEDIATION, TRIAL SETTING CONFERENCES
1. Status Conferences.
1.1 A status conference may be assigned at the time a case is filed, by
notice from the court administrator's office, or upon motion of any party.
1.2 At the status conference, the court may direct the case to
arbitration or mediation, and/or may set an additional status conference date.
The court may determine and set a discovery deadline, a mediation deadline, a
trial setting conference date, and other dates and deadlines as necessary.
2. Mediation.
2.1 Presumption of Mediation. It is presumed that all contested civil
and family law matters, with the following exceptions, will have completed
mediation prior to trial:
· Dependencies and termination of parental rights;
· Uniform Parentage actions, up until establishment of paternity;
· Matters in which a domestic violence or sexual assault protection
order is in place;
· Petitions for Civil Commitment (Sexual Predators);
· Actions regarding seizure of property by the State;
· Matters subject to Mandatory Arbitration Rules, or that are to be
arbitrated by agreement, up until a request for a trial de novo;
· Matters that have been previously mediated consistent with the standards
set forth in this rule; and
· By court order upon motion of any party, upon the court's determination
that there is good cause not to require mediation.
Any party may move the court for an order that there is good cause to require
mediation in any matter, including those cases designated as exceptions above.
2.2 Mediators. Parties may agree to a mediator from among the three
categories of mediators below. If the parties cannot agree, the court shall
upon motion by any party appoint a mediator. Appointment of a mediator is
subject to the mediator's right to decline to serve.
2.2.1 Mediation Panel. There shall be a panel of mediators
established by the court. The list of court-approved mediators and their
information sheets will be available to the public in the court administrator's office.
Parties may stipulate to using a mediator from the Mediation Panel. If
the parties stipulate to using a mediator from the Mediation Panel, but are not
able to agree on a specific mediator, a mediator will be assigned from the
Mediation Panel.
2.2.2 Volunteer Mediation Panel. There shall be a panel of volunteer
mediators established by the court. Parties may qualify for appointment of a
mediator from the Volunteer Mediation Panel if income and asset tests as
determined by the court are met. The list of court-approved volunteer
mediators and their information sheets will be available to the public in the
court administrator's office.
Parties who qualify may stipulate to using a mediator from the Volunteer
Mediation Panel. If the parties stipulate to using a mediator from the
Volunteer Mediation Panel, but are not able to agree on a specific mediator, a
mediator will be assigned from the Volunteer Mediation Panel.
2.2.3 Other Mediators. Upon approval by the court, parties may
stipulate to a mediator not on the Mediation Panel or the Volunteer Mediation
Panel. The court may approve appointment of a proposed mediator upon
satisfactory showing of qualifications and knowledge of subject matter. Any
mediator certified as such by a Washington State dispute resolution center is
qualified to serve as a mediator under this paragraph.
2.2.4 Application and Trainings. A person who wishes to be placed on
the Mediation Panel and/or Volunteer Mediation Panel shall complete an
information sheet on the form prescribed by the court, which shall demonstrate
the person's qualifications as mediator, and as to specific subject matters.
Mediators and any person who wishes to be considered as a mediator may
participate in court-sponsored mediation trainings.
2.3 Cost of Mediation. Parties may stipulate to the allocation of
mediation costs. If the parties are unable to agree, the court will order the
same upon motion of any party. Parties using mediators from the Volunteer
Mediation Panel may be charged an administrative fee as set by the court.
2.4 Mediation Orders and Process.
2.4.1 Mediation Status and Terms. An order shall be entered setting
forth the following:
· Mediation status (whether the case is to be mediated); and
· Mediation terms (including but not limited to the mediator or category the
mediator is to be chosen from, allocation of costs of mediation, mediation
deadline, and identity of parties with authority required to attend mediation).
If the parties agree as to mediation status and/or terms, they may so
stipulate and submit an agreed order for the court's approval prior to the
status conference, or at any time thereafter prior to the discovery deadline.
If the parties are unable to agree to the status and/or all terms of
mediation, a party may file and note a motion for entry of an order setting the
status and terms of mediation.
2.4.2 Litigation Process During Period of Mediation. Pending
mediation, all litigation processes such as discovery, motions for temporary
orders, and motions for dispositive orders shall continue.
2.4.3 RCW ch. 7.07. All mediations undertaken pursuant to this Rule
are subject to the provisions of RCW ch. 7.07, the Uniform Mediation Act,
including its requirements regarding privilege and confidentiality.
2.4.4. Civil Mediation Statements. In civil actions, all parties
shall prepare and deliver a Civil Mediation Statement to the mediator and
opposing parties, no later than five working days prior to the mediation. The
statement shall address the matters set forth in Appendix A. The statement
shall not be filed with the court.
2.4.5. Family Law Mediation Statements. In family law actions, all
parties shall prepare and deliver a Family Law Mediation Statement to the
mediator, opposing parties, and the State of Washington, if the State is a
party, no later than five working days prior to the mediation. The statement
shall address the matters set forth in Appendix B. The statement shall not be
filed with the court.
2.4.6. Appearance at Mediation. The parties shall appear in person
at mediation unless the court orders in advance that they may be present by
telephone or electronic means sufficient to allow full participation. Each
party shall ensure the presence at mediation of persons who have sufficient
authority to approve a settlement.
2.4.7 Mediation Report. Within five days after completion of
mediation, the mediator shall file a Mediation Report indicating whether the
case has been resolved. A copy of the Mediation Report shall be provided to
the court administrator's office.
3. Discovery.
Discovery shall be completed in accordance with the discovery schedule set
at the status conference. Exceptions will be made only upon prior approval of
the court, and for good cause.
4. Trial Setting Conference.
4.1 A date for a trial setting conference may be set at the status
conference, by notice from the court administrator's office, or upon motion of
any party. A party may also request an accelerated trial date by motion at any
time prior to the trial setting conference date.
4.2 Trial setting conferences shall not be continued absent a showing of
good cause and upon prior approval of the court.
4.3 At the trial setting conference, the court shall consider compliance
with dates and deadlines, the status of mediation, and readiness for trial.
4.4 Cases shall be assigned a secondary and/or primary trial setting to
be determined by the court. Where out-of-state witnesses or substantial expert
testimony is anticipated, the parties may request that the court dispense with
the secondary trial setting.
4.5 The court may set schedules, deadlines and other pretrial dates as appropriate.
5. Compliance.
5.1 Counsel for the parties and pro se parties shall appear in person or
by telephone at each of the conferences set by the court. Counsel appearing for
a party shall preferably be lead counsel for that party. Any counsel appearing
for a party shall be prepared with an understanding of the case and authority
to enter into agreements as contemplated herein.
5.2 Failure to comply with deadlines, dates, or other requirements set
out in these rules, or failure to appear at a conference set by the court, may
result in sanctions being imposed, including terms. The court may also strike
a trial date if mediation has not been completed by the applicable deadline.
[Amended effective 9-1-11]
APPENDIX A CIVIL MEDIATION STATEMENT (IN WORD FORMAT) The contents of this item are only available on-line. APPENDIX B FAMILY LAW MEDIATION STATEMENT (IN WORD FORMAT) The contents of this item are only available on-line.
LCR 53.2
COURT COMMISSIONERS
(e) Revision by Court.
1. Time for Motion. A motion for revision must be filed and served
within ten (10) days after the commissioner's written order is entered. The
motion for revision shall be noted at the time it is filed, to be heard within
thirty (30) days after entry of the commissioner's written order.
2. Abandonment. Unless reset by the court, a motion for revision shall
be considered abandoned if not heard within thirty (30) days after the entry of
the commissioner's written order.
3. Findings of Fact and Conclusions of Law.
3.1 Findings of fact and conclusions of law shall be entered before
the hearing on the motion for revision.
3.2 A minimum of five (5) days prior to the time of presentation,
the party moving for revision shall present to the court commissioner and
opposing counsel proposed findings of fact and conclusions of law to support
the order or judgment.
4. Form of Motion. A motion for revision shall:
4.1 Specify each alleged error; and
4.2 Identify each document in the court file related to the issues
raised by the motion for revision.
5. Hearing on Motion. At the time a motion for revision is filed, the
moving party shall schedule a hearing on a civil calendar by filing a notice of
issue. Unless otherwise directed by the Court, the hearing on the motion for
revision shall be scheduled to occur within thirty (30) days after the motion
for revision is filed.
6. The Record.
6.1 The motion for revision shall be heard upon the record that was
before the court commissioner.
6.2 In all proceedings for which a audio recording of live testimony
is made, the party moving for revision shall, within five (5) calendar days
after filing the motion, make arrangements through Superior Court
Administration for a transcript of the proceedings to be provided to the court.
Where a transcript is required, the party moving for revision shall be
responsible for arranging for and payment for the transcript and ensuring that
the transcript of proceedings is filed with the court not later than five (5)
calendar days before the scheduled hearing.
7. Scope of Motion. The court may revise any order or judgment that is
related to the issues raised by the motion for revision; for example, all
issues related to child support or all issues related to the parenting plan.
The court will not consider issues that are not related to the motion for
revision without a separate motion, except:
7.1 The court may consider requests for attorney's fees by either
party for the revision proceedings; and
7.2 The court may consider issues in the original order when the
motion for revision is filed as to a motion denying a motion for reconsideration.
8. Effect of Motion. When a motion for revision is timely filed the
following shall occur:
8.1 With the exception of findings of fact and conclusions of law,
until the revision proceeding is completed the court commissioner loses
jurisdiction to conduct further proceedings and/or enter orders on issues that
are the subject of revision proceeding.
8.2 The Court Commissioner may continue to hear proceedings and/or
enter orders on issues that do not involve the subject of the revision proceeding.
8.3 A court commissioner's order shall be effective upon entry of a
written order, unless stayed by a judge's order, pending a motion for revision.
[Adopted effective September 1, 2012.]
LCR 59
Motions for Revision of Court Commissioner Orders
RESCINDED
[Revised 9-1-09; Rescinded effective 9-1-2012]
LOCAL SUPERIOR COURT CIVIL RULE 93.04
(LCR 93.04)
Family Law Motion Calendar
Cut-Off Dates for Filing Motions and Responsive Documents
Rescinded Effective September 1, 2006.
LOCAL SUPERIOR COURT CIVIL RULE 94.04
(LCR 94.04)
Dissolution of Marriage, Support, Modifications
Revoked effective September 1, 2000.
LMAR 1.1
Application of Rules
The purpose of mandatory arbitration of civil actions under RCW 7.06, as
implemented by the Mandatory Arbitration Rules, is to provide a simplified and
economical procedure for obtaining the prompt and equitable resolution of
disputes. The Mandatory Arbitration Rules, as supplemented by these local
rules, are not designed to address every question which may arise during the
arbitration process, and the rules give considerable discretion to the
arbitrator. The arbitrator should not hesitate to be informal and expeditious,
consistent with the purpose of the statute and rules.
[Amended effective September 1, 2012.]
LMAR 1.2
Matters Subject to Arbitration
The following matters are subject to mandatory arbitration: (a) civil
actions at issue in the Superior Court where the sole relief sought is a money
judgment not in excess of $50,000, exclusive of attorney fees, interest, and
costs; and (b) claims in which the sole relief sought is the establishment,
modification, or termination of maintenance or child support payments which are
not capable of resolution on the motion docket or by agreement, regardless of
the number or amount of payments.
[Amended effective September 1, 2012.]
LMAR 1.3
Relationship to Superior Court Jurisdiction and Other Rules
(c) Motions. All motions before the court relating to mandatory
arbitration shall be noted on the civil motion calendar except as may be
otherwise provided in these rules.
[Adopted effective September 1, 2012.]
LMAR 2.1
Transfer to Arbitration
(a) Court Order Required. Cases shall be transferred to arbitration only
by court order.
(b) Status Conference to Address. At the status conference provided for
by LCR 40, the question of mandatory arbitration shall be addressed.
(c) Statement of Arbitrability. If not transferred to arbitration at the
status conference, when any party determines that the case is subject to
mandatory arbitration, such party shall file and serve a Statement of
Arbitrability on the form prescribed by the Court. A duplicate copy shall be
provided to the Superior Court Administration Office.
(d) Response to Statement of Arbitrability. Any party disagreeing with
the Statement of Arbitrability shall, within ten (10) days after the Statement
of Arbitrability has been served, file and serve a Response to the Statement of
Arbitrability on the form prescribed by the Court. A duplicate copy of the
response shall be provided to the Superior Court Administration Office. In the
absence of such a response, the Statement of Arbitrability shall be deemed
correct and a non-responding party shall be deemed to have stipulated to
arbitration if the Statement of Arbitrability provides that the case is subject
to mandatory arbitration.
(e) Failure to File - Amendments. A party failing to file and serve an
original response within the time prescribed may later do so only upon leave of
the court. A party may amend the Initial Statement of Arbitrability or
response at any time before assignment of an arbitrator or assignment of a
trial date, or thereafter only upon leave of the Court for good cause shown.
(f) By Stipulation. A case in which all parties file a stipulation to
arbitrate under MAR 8.1(b) regardless of the nature of the case or amount in
controversy may be transferred to arbitration by court order presented to the
Court with the stipulation.
(g) Interpreter. In a case transferred to arbitration, if a party: (1)
is hearing impaired or has a limited ability to speak or understand the English
language, or (2) knows, or after reasonable inquiry has reason to believe, that
any other party or any witness is hearing impaired or has limited ability to
speak or understand the English language, the party shall advise the
Arbitration Supervisor in writing that an interpreter is needed.
[Amended September 1, 2012.]
LMAR 2.2
Assignment of Arbitrator
[Rescinded]
[Rescinded effective September 1, 2012.]
LMAR 2.3
Assignment to Arbitrator
(a) Generally. When a case is set for arbitration, a list of five
proposed arbitrators shall be furnished to the parties. A list of other
approved arbitrators shall be furnished upon request. The parties are
encouraged to stipulate to an arbitrator. In the absence of the stipulation,
the arbitrator shall be chosen from among the five proposed arbitrators in the
manner defined by this rule.
(1) Response by Parties. Within fourteen (14) days after the list of the
proposed arbitrators is furnished to the parties, each party shall nominate two
arbitrators and strike two arbitrators from the list. If both parties respond,
an arbitrator nominated by both parties shall be appointed. If no arbitrator
has been nominated by both parties, an arbitrator shall be appointed from among
those not stricken by either party.
(2) Response by Only One Party. If only one party responds within
fourteen (14) days, an arbitrator shall be appointed from that party's response.
(3) No Response. If neither party responds within fourteen (14) days,
the arbitrator shall be randomly appointed from the five proposed arbitrators.
(4) Additional Arbitrators for Additional Parties. If there are more
than two adverse parties all represented by different counsel, one additional
proposed arbitrator shall be added to the list for each additional party so
represented with the above principles of selection to be applied. The number
of adverse parties shall be determined by the arbitration department, subject
to review by the Presiding Judge.
[Adopted effective September 1, 2012.]
LMAR 3.1
Qualifications
(a) Arbitration Panel. There shall be a panel of arbitrators in such
numbers as the Superior Court Judge may determine. A person desiring to serve
as an arbitrator shall complete an information sheet on the form prescribed by
the court. A list showing the names of the arbitrators available to hear cases
and information sheets will be available for public inspection in the Superior
Court Administration Office. The oath of office on the form prescribed by the
court must be completed and filed prior to an applicant being placed on the panel.
(b) Refusal - Disqualification. The appointment of an arbitrator is
subject to the right of that person to refuse to serve. An arbitrator must
notify the Arbitration Supervisor immediately if refusing to serve, or if any
cause exists for the arbitrator's disqualification from the case on any of the
grounds of interest, relationship, bias, or prejudice set forth in the Code of
Judicial Conduct governing disqualification of judges. If disqualified, the
arbitrator must immediately return all materials in a case to the Arbitration Supervisor.
[Amended September 1, 2012.]
LMAR 3.2
Authority of Arbitrator
In addition to the authority given to arbitrators under MAR 3.2, an
arbitrator has authority to require a party or attorney advising such party, or
both, to pay the reasonable expenses, including attorney's fees, caused by the
failure of such party or attorney, or both, to obey an order of the arbitrator
unless the arbitrator finds that the failure was substantially justified, or
that other circumstances make an award of expenses unjust. The arbitrator
shall make a special award for such expenses and shall file such award with the
Clerk of the Court, with proof of service on each party. The aggrieved party
shall have ten (10) days thereafter to appeal the award of such expense in
accordance with the procedures described in RCW 2.24.050. If within ten (10)
days after the award is filed no party appeals, a judgment shall be entered in
a manner described under MAR 6.3.
[Amended effective September 1, 2012.]
LMAR 4.1
Discovery
[Rescinded]
[Rescinded effective September 1, 2012]
LMAR 4.2
Discovery
(a) Discovery Pending at the Time Arbitrator is Assigned. Discovery
pending at the time the case is assigned to an arbitrator is stayed pending
order from the arbitrator or except as the parties may stipulate or as
authorized by MAR 4.2 and LMAR 4.2 below.
(b) Additional Discovery. In determining when additional discovery beyond
that directly authorized by MAR 4.2 is reasonably necessary, the arbitrator
shall balance the benefits of discovery against the burdens and expenses. The
arbitrator shall consider the nature and complexity of the case, the amount in
controversy, values at stake, the discovery that has already occurred, the
burdens on the party from whom discovery is sought, and the possibility of
unfair surprise which may result if discovery is restricted. Authorized
discovery shall be conducted in accordance with the civil rules except that
motions concerning discovery shall be determined by the arbitrator.
(c) Interrogatories. Notwithstanding the foregoing, the following
interrogatories may be submitted to any party:
(1) State the amount of general damages being claimed;
(2) State each item of special damages being claimed and the amount thereof;
(3) List the name, address and phone number of each person having
knowledge of any facts regarding liability, and a short summary of their
intended testimony at the arbitration hearing;
(4) List the name, address and phone number of each person having
knowledge of any facts regarding the damages claimed, and a short summary of
their intended testimony at the arbitration hearing;
(5) List the name, address and phone number of each expert witness you
intend to call at the arbitration. For each such expert, state the subject
matter on which the expert is expected to testify; state the substance of the
facts and opinions to which the expert is expected to testify, and a summary of
the grounds for each opinion.
Only these interrogatories, with the exact language as set out above, are
permitted, except as permitted by section (a).
[Amended effective September 1, 2012.]
LMAR 5.1
Notice of Hearing
In addition to the requirements of MAR 5.1, the arbitrator shall give
reasonable notice of the hearing date and any continuance to the Arbitration Supervisor.
[Amended effective September 1, 2012.]
LMAR 5.2
Prehearing Statement of Proof
In addition to the requirements of MAR 5.2, each party shall also furnish
the arbitrator with copies of pleadings and other documents contained in the
court file which the party deems relevant. The court file shall remain with
the Clerk of the Court.
[Amended effective September 1, 2012.]
LMAR 5.3
Conduct of Hearing - Witnesses - Rules of Evidence
[Rescinded.]
[Rescinded effective September 1, 2012.]
LMAR 6.1
Form and Content of Award
(a) Form. The award shall be prepared on the form prescribed by the Court.
(b) Return of Exhibits. When an award is filed, the arbitrator shall
return all exhibits to the parties who offered them during the hearing.
[Amended effective September 1, 2012.]
LMAR 6.2
Return of Exhibits
[Rescinded]
[Rescinded effective September 1, 2012.]
LMAR 6.3
Filing of an Award
[Rescinded]
[Rescinded effective September 1, 2012.]
LMAR 6.4
Judgment of Award
[Rescinded]
[Rescinded effective September 1, 2012.]
7.1
Request for Trial De Novo
(a) Service and Filing. In addition to the provision for service and
filing in MAR 7.1, a copy of the Request for Trial de Novo shall be provided to
the Arbitration Supervisor.
(b) Form. [Reserved.]
(c) Proof of Service. [Reserved.]
(d) Calendar. When a trial de novo is requested as provided in MAR 7.1, a
status conference shall be set by the court administrator in accordance with LCR 40.
[Amended effective September 1, 2012]
8.1
Stipulations
(c) To Arbitrate Other Cases - Effect on Relief Granted. If a case not
otherwise subject to mandatory arbitration is transferred to arbitration by
stipulation, the arbitrator may grant any relief which could have been granted
if the case were determined by a judge.
[Amended effective September 1, 2012.]
LMAR 8.2
Title and Citation
[Rescinded]
[Rescinded effective September 1, 2012.]
LMAR 8.3
Compensation of Arbitrator
[Rescinded]
[Rescinded effective September 1, 2012.]
8.4
Title and Citation
These rules are known and cited as the Mason County Superior Court
Mandatory Arbitration Rules. LMAR is the official abbreviation.
[Adopted effective September 1, 2012.]
LMAR 8.5
Effective Date
These rules shall be effective upon adoption by the Superior Court
Judge and shall apply to those cases which otherwise meet the scope
and purpose of these rules and do not have a trial date prior to April
1, 1991.
Revised 9-1-07
8.6
Compensation of Arbitrator
(a) Generally. Arbitrators shall be compensated in the same amount and
manner as judges pro tempore of the Superior Court; provided, however, the
portion of the compensation from the Superior Court shall not exceed $1,000.00
for any case without approval of the presiding judge.
(b) Form. When the award is filed, the arbitrator shall submit to the
Court Administrator a request for payment on a form prescribed by the
Washington State Administrative Office of the Courts. The presiding judge
shall determine the amount of compensation to be paid.
[Adopted effective September 1, 2012.]
LOCAL GUARDIAN AD LITEM RULE
(LGAL 5)
SPECIFIC GUARDIAN AD LITEM REGISTRY REQUIREMENTS
1. Title 11 - Guardianship Registry.
1.1 All registry applicants must meet the qualifications
set forth by statute and all requirements for training and
certification established by statute and/or court rule to be
considered for placement and retention on the Title 11 registry.
1.2. In addition to any qualifications required by statute,
the following are specific education and experience requirements
for inclusion on the Title 11 registry:
(a) Attorneys. Members of the Washington State Bar
Association in good standing with a minimum of one year of
practice of law with some experience in the needs of impaired
elderly people, physical disabilities, mental illness,
developmental disabilities and/or other areas relevant to the
needs of incapacitated persons.
(b) Non-Attorneys. Four years experience in the needs
of impaired elderly people, physical disabilities, mental
illness, developmental disabilities and/or other areas relevant
to the needs of incapacitated persons documented in the
applicant's Statement of Qualifications.
2. Title 26 - Family Law Registry.
2.1 All registry applicants must meet the qualifications
set forth by statute and all requirements for training and
certification established by statute and/or court rule to be
considered for placement and retention on the Title 26 registry.
2.2. In addition to any qualifications required by statute,
the following are specific education and experience requirements
for inclusion on the Title 26 registry:
(a) Attorneys. Members of the Washington State Bar
Association in good standing with a minimum of one year of
practice of law, including family law cases, and at least eight
hours of family law CLE in the preceding twenty-four months.
(c) Non-Attorneys.
(1) A minimum of a B.A. degree with four years
field experience working with children and families;
(2) A Masters degree with two years of field
experience working with children and families; or
(3) Licensed psychologist or psychiatrist with
preference given to those who specialize, or have developed
expertise, in working with children and families.
3. Retention on Registry.
3.1 Each person requesting to remain on any Guardian ad
Litem registry shall annually submit an updated background
information report to the Court Administrator's Office. The
background information report shall include, but not be limited
to, the following:
(a) Level of formal education;
(b) Training related to the guardian's duties;
(c) Number of years' experience as a guardian ad litem;
(d) Number of appointments as a guardian ad litem and
county or counties of appointment;
(e) The names of any counties in which the person was
removed from a guardian ad litem registry pursuant to a grievance
action, and the name of the court and the cause number of any
case in which the court has removed the person for cause; and
(f) Criminal history, as defined in RCW 9.94A.030.
Adopted 7-1-04
LGAL 7
Guardian ad Litem Grievance and Complaint Procedure
1.1 GENERAL TERMS.
1.1.1 Complaint Review Board. A Mason County Complaint
Review Board (the Board) is created. The Board shall consist of
three (3) members: a representative of the Mason County Superior
Court, selected by the Court Administrator and approved by the
judges; an active Guardian ad Litem; and a member of the Mason
County Bar Association, selected and approved by the Association.
The Guardian ad Litem member shall be a member of the Mason
County Guardian ad Litem Registry who has not received any
sanctions pursuant to a guardian ad litem complaint procedure in
the past three years. The Guardian ad Litem member shall be
selected by the Court Administrator and approved by the judges.
Service on the Board is a voluntary service for the good of the
community and is made without receipt of any additional
compensation from this service on the Board.
1.1.2 Application of Rules. These rules shall apply to
guardians ad litem appointed on any case heard by this court
under Titles 11 and 26 of the Revised Code of Washington (RCW).
1.1.3 Filing of Complaint. Any person may file a complaint
against a guardian ad litem. The complaint must be in writing and
filed with the Court Administrator. The complaint must state the
specific guardian ad litem act, or failure to act, of concern to
the complaining party and shall include the following
information:
(a) The name, mailing address, telephone number, and e-
mail address of the person filing the complaint;
(b) The case number and case name of any underlying
case and whether the case is active or inactive;
(c) Whether the complaining party has discussed the
complaint with the guardian ad litem;
(d) What action, if any, the guardian ad litem has
taken to address the complaint;
(e) Which section(s) of the Mason County Superior Court
Guardian ad Litem Code of Conduct (copy available from Court
Administrator) was violated and the specific facts underlying
each alleged violation;
(f) Which provision(s) of the Order of Appointment was
violated and the specific facts underlying each alleged
violation; and
(g) What the complaining party would like done to fix
the problems complained of and why.
1.1.4 Limitation on Filing Complaints. Complaints under
this rule must be filed within one year from the date of the act
or failure to act of concern to the complaining party.
1.1.5 Removal. If the guardian ad litem is removed from the
Court Registry, the Court shall enter findings of fact and an
order of removal. Upon removing a guardian ad litem from the
registry, the Court shall forward a copy of the order to the
Office of the Administrator of the Courts for circulation to
other counties.
1.1.6 Confidentiality. The complaint, and the Board’s
initial decision, shall be kept confidential from everyone but
the complainant and the guardian ad litem in inactive cases, and
from everyone but the complainant in active cases, unless the
Board finds cause to proceed with the complaint. Any requests to
disclose information from the complaint or guardian ad litem
files are subject to redaction of case identifying information,
including the names of parties and case numbers, any information
that could endanger a victim of domestic violence, and any
information prohibited by law from disclosure.
(a) No cause to proceed. If the Board finds no cause to
proceed with the complaint, no record of the complaint shall be
kept in the guardian ad litem’s individual file, although a copy
shall be kept in a separate unfounded complaint file safeguarded
for confidentiality. After three (3) years, complaints in this
file shall be destroyed, with a notation remaining in the file
including the names of the complainant and the guardian ad litem,
the date the complaint was filed, and the Board’s finding of no
cause to proceed with the complaint. However, if a complainant
discloses to a third party that a complaint has been filed, the
guardian ad litem in an active case shall receive a copy of the
complaint and the Board’s decision. In all cases where the
complainant discloses to a third party that a complaint has been
filed, the guardian ad litem may file a written response to the
complaint, which shall be placed in the confidential file.
(b) Cause to Proceed. If the Board finds cause to
proceed, the complaint and all relating documents shall be kept
in a separate file, which shall include copies of the Board’s
decisions and any judicial decisions related to the matter.
1.1.7 Extension of Timelines. Timelines stated herein may
be extended by the Board or by a Judicial Officer for good cause.
2. GRIEVANCE PROCEDURE.
2.1.1 Motion in Court. At any time during an active case,
and within one year of the last activity in a case, a party may
bring a motion in court to address issues of concern related to a
guardian ad litem. The guardian ad litem and all other parties to
the case shall receive notice of hearing for the motion and a
copy of the motion. If such a motion is brought while a complaint
is pending before the Board, or after the Board has issued a
decision on the complaint, the party shall disclose to the court
the Board’s involvement in the matter. A decision by the Board is
not binding on a Judicial Officer hearing such a motion. Such a
motion shall be heard by a Judicial Officer who has not heard
matters in any underlying case at issue in the complaint and who
shall not hear matters in such a case in the future.
2.1.2 Initial Review by Board. Within fifteen (15) working
days after a complaint is filed, the Board shall review the
complaint and make an initial determination whether there is
cause to proceed.
(a) The initial decision shall be in writing and shall
state whether the Board finds cause to proceed with the complaint
and the reasons why or why not;
(b) The Board shall mail the initial decision to the
complainant immediately; and
(c) In its discretion, the Board may request additional
information from the complainant. The complainant shall provide
the requested information within ten (10) additional working
days. The failure of a complainant to provide the additional
information may be a factor in the Board’s initial decision to
proceed or not.
2.1.3 Review of Determination of No Cause to Proceed. If
the Board finds no cause to proceed, the complainant may seek
review of that decision by a motion before a Judicial Officer
consistent with this rule.
2.1.4 Procedure Following Determination of Cause to
Proceed. If the Board finds there is cause to proceed, the Board
shall notify the guardian ad litem in writing at the same time
the complainant is notified of the Board’s initial decision. The
notice to the guardian ad litem shall include a copy of the
complaint and a copy of the Board’s initial decision.
(a) The guardian ad litem shall respond in writing
within fifteen (15) working days of the mailing of the decision; and
(b) The guardian ad litem shall mail a copy of the
response to the complainant.
2.1.5 Board’s Authority Following Determination of Cause to
Proceed. After reviewing the guardian ad litem’s response, the
Board’s authority is as follows:
(a) To find that the guardian ad litem did not violate
applicable laws, rules, or policies;
(b) To issue a written reprimand to the guardian ad litem;
(c) To issue an advisory letter to the guardian ad
litem summarizing concerns for the guardian ad litem to address;
(d) To refer the guardian ad litem for additional training;
(e) To require the guardian ad litem to take corrective
action to remedy or mitigate matters complained of;
(f) To require a guardian ad litem to bring or support
a motion to seal or remove information in the court file;
(g) To recommend removal of the guardian ad litem to
the Judicial Officer hearing the underlying case; and
(h) To recommend to the court that the guardian ad
litem be suspended or removed from the Court Registry.
2.1.6 Decision. Following consideration of all materials
submitted, the Board shall issue its final decision within
fifteen (15) working days following receipt of the guardian ad
litem’s response.
(a) The Board shall mail the final decision to the
complainant, the guardian ad litem, the Court Administrator, and
all parties in any underlying case; and
(b) The final decision shall be placed in the guardian
ad litem’s individual file and the guardian ad litem complaint file.
2.1.7 Judicial Review of Board’s Decision. If the Board’s
final decision includes removal of the guardian ad litem from the
Court Registry, the guardian ad litem may request a hearing on
the decision.
(a) Procedure on Filing Review. Judicial review must be
requested within twenty (20) days of the mailing date of the
final decision. The request shall be delivered to the Court
Administrator and served on all parties to the case at issue and
to the complainant. Service may be by regular mail and certified
mail, return receipt requested. The matter shall be heard by a
Judicial Officer who has not heard matters in any underlying case
at issue in the complaint and who shall not hear matters in such
a case in the future;
(b) Response. No response is required and no oral
argument will be heard unless requested specifically by the
Judicial Officer. If written response or oral argument is
directed, a schedule shall be set for filing written materials
and the date for argument set taking into account the
availability of the complainant and the guardian ad litem;
(c) Scope of Review. The Judicial Officer shall review
the written record and any oral argument to determine whether the
guardian ad litem violated applicable laws, rules, and policies,
and if so, the appropriate remedy. The Judicial Officer shall
issue findings of fact and a decision on the complaint based on
an independent review of the record; and
(d) Consideration of Prior Complaints. If the Judicial
Officer determines that a violation occurred, consideration may
be given to any founded prior complaints against the guardian ad
litem in determining the appropriate remedy.
LOCAL SUPERIOR COURT CRIMINAL RULE 4.2 (LCrR 4.2)
SUPERIOR COURT COMMISSIONERS - AUTHORITY - CRIMINAL CASES
The Judges of Mason County Superior Court hereby adopt the
provisions of RCW 2.24.040, as amended, and specifically
authorize Mason County Superior Court Commissioners, appointed
under Article 4, Section 23 of the constitution of the State of
Washington, to accept and enter pleas of guilty by adult criminal
defendants in accordance with CrR 4.2.
[Adopted 9/1/00]
LJuCR 7.1
DISMISSAL FOR DELAY IN FILING INFORMATION
The Court may dismiss an information for delay in filing the
information, or referral for diversion, under certain circumstances, as follows:
A. Prima facie evidence of delay. Delay of more than sixty days from
the receipt from the police by the prosecutor's office of a file, or the
receipt of follow-up information requested by the prosecutor's office,
whichever is later, shall be prima facie evidence of an unreasonable delay.
Periods of diversion pursuant to RCW 13.40.070 and .080 shall be excluded
when calculating the time of filing the information.
B. Prejudice. Upon a prima facie showing of unreasonable delay, the
Court shall inquire into specific prejudice resulting from such delay. For
the purposes of this section, "specific prejudice" means prejudice to the
respondent in the presentation of his or her defense, or loss of Juvenile
Court jurisdiction.
C. Balancing-Factors. Upon a prima facie showing of unreasonable delay,
and specific prejudice, the Court shall consider the following factors in
deciding whether or not to dismiss the charges contained in the information:
1. Prejudice. The impact on the respondent's ability to defend; and
2. Reason for Delay. The reason for the delay. The Court shall balance
these two factors, keeping in mind the separation of the powers of the
Court from the powers of the office of the Prosecuting Attorney.
Unreasonable delay shall constitute an affirmative defense which must
be raised by motion not less than one (1) week before trial. Such motion
may be considered by affidavit.
4. Other Grounds for Dismissal. Other grounds for dismissal for delay
in filing an information, under due process, CrR 8.3, or other grounds, for
reasons of general concerns with the administration of justice, specific
concerns with the effect of delay on an individual respondent considering
the purposes of the Juvenile Justice Act, or for any other reasons, are not
limited by this Rule.
5. Application. This rule shall be applied prospectively.
Adopted effective September 1, 1995/OAC Filed Date: June 13, 1995
LRALJ 6.3A(c)
CONTENT OF TRANSCRIPT OF ELECTRONIC RECORD
(c) Content of Transcript. The transcript shall
contain only those portions of the electronic recording
necessary to present the issues raised on appeal. In a
transcript provided at public expense, approval by the Court
shall be obtained prior to requesting transcription of jury
voir dire, opening and/or closing statements, and reading of
the jury instructions. If the appellant intends to urge
that a verdict or finding of fact is not supported by the
evidence, the appellant shall include in the transcript all
testimony relevant to the disputed verdict or finding. If
the appellant intends to urge that the court erred in giving
or failing to give an instruction, the appellant shall
include all objections to the instructions given and refused
and the court's ruling.
LSPR 94.04
FAMILY LAW ACTIONS
1. FAMILY LAW, PROBATE, ADOPTION AND DOMESTIC VIOLENCE MOTION CALENDAR AND CONFIRMATION PROCEDURES
1.1 The Family Law, Probate and Adoption Motion Calendar (where at least
one party is represented by an Attorney) shall be held on Wednesdays at 9:00 a.m.
1.2 The Pro Se (Non-Attorney) Family Law Motion Calendar shall be held on
Fridays at 9:00 a.m.
1.3 The Domestic Violence and Anti-Harassment Calendar shall be held on
Wednesdays at 1:30 p.m.
1.4 Confirmation Procedures. With the exception of domestic violence
and/or anti-harassment, all contested matters to be considered must be
confirmed, as set out below, by calling the Clerk of the Court at (360) 427-
9670, Ext. 346, or by e-mail at superiorcourt-confirm@co.mason.wa.us. Matters
not confirmed will not be heard.
(a) Confirmations must be made with the Clerk of the Court before
10:00 a.m. two (2) days prior to the motion calendar day as follows:
· By 10:00 a.m. on Monday for matters on the Wednesday calendar; or
· By 10:00 a.m. on Wednesday for matters on the Friday pro se calendar.
(b) If the deadline for confirmation falls on a court holiday,
confirmation shall be made before 10:00 a.m. on the last court
day before the holiday.
(c) Motions filed by those persons physically confined under a court
order shall be deemed confirmed at filing.
1.5 Continuance of Confirmed Matters. Matters confirmed in accordance
with paragraph 1.4 (a) and (b) are not subject to continuance, except with
permission of the Court, but shall be stricken and re-noted by the moving party.
2. LIMITATIONS ON DECLARATIONS
2.1 Generally. Absent prior authorization from the Court as set forth in
paragraph 2.10 below, the entirety of all declarations and affidavits in
support of motions, including any reply, shall be limited to a sum total of
twenty-five (25) pages. The entirety of all declarations and affidavits
submitted in response to motions shall be limited to twenty-five (25) pages.
2.2 Application. This rule shall apply to all family law motions,
motions in paternity actions, actions to establish residential schedules,
domestic violence and anti-harassment hearings. No portion of this rule shall
be construed to permit application of the page limits described herein to each
motion noted for a particular day, e.g., motions for a temporary parenting
plan, child support, guardian ad litem and temporary restraining order shall,
if noted for the same day, be considered as one motion.
2.3 Format. All motions and pleadings in support thereof shall use
mandatory forms where applicable, follow the format required by GR 14 and meet
the requirements of GR 31. If typed or computer printed, documents shall be in
12 point or larger type and double-spaced. If handwritten, documents shall be
single-sided, double-spaced and written legibly using black or dark blue ink.
2.4 Exhibits. Exhibits that consist of declarations or affidavits shall
count toward the above page limits. All other exhibits attached to a
declaration or affidavit shall not be counted towards the page limit.
2.5 Financial Declarations. Financial declarations and financial
documents do not count toward the page limit.
2.6 Expert Reports and Evaluations. Declarations, affidavits or reports
from guardians ad litem and expert witnesses do not count toward the page limit.
2.7 Children's Statements. Declarations by minors in family law matters
are disfavored and the Court may, in its discretion, refuse to consider such declarations.
2.8 Miscellaneous Exceptions. Copies of declarations or affidavits
previously filed for a motion already ruled upon and supplied only as a
convenience to the Court in lieu of the court file do not count toward the page
limit. Deposition excerpts do not count toward the page limit.
2.9 Authorization. A party seeking authorization to exceed the page
limit may do so by noting the matter on the family law calendar. Parties may
appear in person or by telephone; provided, however, that authorization to
appear by telephone must be made in advance by calling the Court
Administrator's Office at (360) 427-9670, Ext. 206. Notice of this hearing
shall be given in the same manner as provided in CR 5.
2.10 Consequences of Non-Compliance. If the Court finds that one or more
parties have violated this rule, the Court may, in its discretion, assess
terms, strike or continue the matter, or refuse to consider materials that
violate this rule.
[Adopted effective 9-1-2006; amended effective 9-1-2010; 9-1-2012.]
EXHIBIT A.
ARBITRATION AWARD
[Rescinded]
Rescinded Effective 9-1-2012
EXHIBIT B.
REQUEST FOR TRIAL DE NOVO AND FOR CLERK TO SEAL THE AWARD
[Rescinded]
Rescinded Effective 9-1-2012
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