Okanogan Superior Court
Local Court Rules
Table of Rules
LR 1. Title And Scope
LR 2. Judicial Positions
LR 3. Summary Judgment And Other Special Settings
LR 4. The Record
LR 5. Working Copies Of Written Materials
LR 6. Confirmation And Cancellation Of Hearings
LR 7. Trial Setting And Pre-Trial Procedures
LR 8. Alternate Dispute Resolution
LR 9. Jury Trials
LR 10. Disolution Of Marriage
LR 11. Parenting Seminars
LR 12. Pro Se Litigants
Local Rules for Mandatory Arbitration (LRMA)
LRMA 1.2 (a) {untitled}
LR 1. TITLE AND SCOPE
(a) Preface. These rules shall take effect on September 1,
2000, and supersede all prior
rules of this court. The previous rules known as "OLR’s"
which were adopted effective May 1, 1986 are hereby
replaced. Forms listed as Appendices A through D will no
longer be used. These rules shall be known as the Local
Rules of the Superior Court of the State of Washington
for Okanogan County. These rules may be cited in the
following form: "LR"
(b) Scope. These rules apply to all matters before the
Okanogan County Superior Court. To the extent these rules
conflict with statewide rules, the statewide rules apply.
Okanogan County Superior Court will follow Washington State
Court Rules and only promulgate local rules as deemed
necessary.
(c) Arbitration. By Order dated December 23, 1994,
Okanogan County Superior Court adopted local rules for
mandatory arbitration (LRMA) which remain in effect. See
LMRA.
(d) Waiver and Construction. Any provision of these rules may
be waived or modified by order of the court for good cause
shown, or as required in the interest of justice. These
rules should be construed to promote the fair, just and
truthful resolution of disputes and to avoid unnecessary
expense and delay.
LR 2
JUDICIAL POSITIONS
(a) Judicial Positions. RCW 2.08.065 provides that there
shall be two superior court judges for Okanogan County.
However, the authorizing legislation also requires primary
funding of the newly authorized second judicial position
from local resources by Okanogan County, 1999 Laws of
Washington, c 245. Until that funding is available, there
will continue to be just one department of the superior
court with one judge and such commissioners and pro tem
commissioners as deemed necessary and authorized by law.
(b) Commissioners. The court shall appoint up to three Court
Commissioners and such pro tem Commissioners and pro tem Judges as
are necessary, in the judgment of the court, to complete the
business of the court.
(c) Authority of Commissioners. Court Commissioners shall
perform duties as assigned by the court and shall have all
powers conferred by law, including the authority to accept
pleas in criminal matters. Commissioners may perform other
duties as stipulated by the parties if authorized by the court.
Amended Effective May 1, 2010.
LR 3. SUMMARY JUDGMENT AND OTHER SPECIAL SETTINGS
(a) Special Settings. Summary Judgment hearings and all
matters requiring more than ten minutes per side to argue
must be specially set by written notice. Such hearings may
be arranged by contacting the court administrator or bailiff
(509-422-7130). Matters requiring less than ten minutes per
side may generally be placed on the appropriate law and
motion calendar.
(b) Telephonic hearings. Telephonic hearings are authorized
for most matters other than trial if stipulated by the
parties. The record of such hearings will be made by tape
recording. In order to avoid technical difficulties, the
party initiating a telephonic conference or hearing must
utilize a conference service provided by an operator or
telephone company. The use of in-office conferencing
equipment is not authorized.
LR 4. THE RECORD
A court reporter will be provided for all jury trials. The
record for all other proceedings shall be maintained by tape-
recording unless otherwise arranged by the parties.
LR 5. WORKING COPIES OF WRITTEN MATERIALS
Working copies for the judge’s use must be provided for all
of the following: all summary judgment materials including
briefs and supporting materials; all briefs and supporting
materials for any specially set matter; trial briefs,
motions in limine, witness lists and similar material.
Working copies of exhibits should be provided to the court
during all civil trials.
LR 6. CONFIRMATION AND CANCELLATION OF HEARINGS
(a) Summary Judgment. Summary judgment hearings must be
confirmed by calling the court administrator 48 hours before
the scheduled hearing (509-422-7130). Failure to comply may
result in cancellation.
(b) Cancellation and Continuance. When the parties wish to
cancel or continue special set matters or law and motion
matters, the party who originally set the hearing must
notify the clerk at least twenty-four hours before the
scheduled hearing. Notice must also be provided to the court
administrator at 509-422-7130.
LR 7. TRIAL SETTING AND PRE-TRIAL PROCEDURES
(a) Trial Setting. Any party may request a trial setting by
use of the Request For Trial Setting And Initial Statement
of Arbitrability form that is attached to the Okanogan
County Superior Court Local Rules for Mandatory Arbitration
and can be obtained from the court administrator. The form
must be served on all opposing counsel or parties and filed
with: Office of the Court Administrator, PO Box 112,
Okanogan, WA 98840 (509-422-7130). Opposing counsel and any
pro se party shall prepare, serve and file an additional
request within 14 days. All counsel and pro se parties must
provide unavailable dates on the form or by separate
attachment. The listing of a date as unavailable is a
request not to have trial set on that date. Such requests
must be reasonable and should not result in unnecessary
inconvenience or undue delay.
(b) Multiple Settings and Priorities. The administrator
sets trial dates based upon the information provided in the
Request for Trial Setting and Initial Statement of
Arbitrability. Because of scheduling difficulties in a
single judge county, the administrator will give cases
multiple settings with some of those being second or third
place settings. Counsel and parties should be prepared for
trial regardless of the priority of a specific setting.
Second and third set cases are often called for trial.
Counsel and parties are required to maintain awareness of
the status of their trial setting by contacting the
administrator who will endeavor to provide current
information on the status of cases set with higher priority.
(c) Scheduling Orders. Scheduling orders issued by the
court administrator do not address issues such as discovery
cutoff, disclosure of experts and any other scheduling
issues except trial dates and pre-trial conference dates.
(d) Pre-Trial Conference. Pre-trial conferences are
required in all cases except family law cases. Participation
in the pre-trial conference is mandatory. Procedures and
requirements for the pre-trial conference shall be set by
separate court order in each case. Such conferences may be
telephonic by prior arrangement with the court
administrator.
LR 8. ALTERNATE DISPUTE RESOLUTION
The court may order mediation or a settlement conference in
any case or category of cases. The trial judge should not
preside at settlement conferences. At the request of the
parties, commissioners and visiting judges can be scheduled
for settlement conferences. Upon agreement, the parties may
use the Okanogan County Dispute Resolution Center, visiting
judges, commissioners and others for mediation and
settlement negotiations. The procedure established in the
local rules for mandatory arbitration is available in other
cases upon agreement of the parties. The court administrator
will provide all possible assistance in arranging alternate
dispute resolution.
LR 9. JURY TRIALS
(a) Jury Selection. Juries will be selected by the method
commonly known as the "struck juror system." Before the
process begins, the clerk will randomly assign sequential
numbers to all prospective jurors who have appeared, and
will seat them in the courtroom in that order. The judge and
counsel will be provided with a seating chart or roster of
the panel as seated. The judge will conduct orientation and
general questioning.
(b) Alternate Juror. In lieu of the procedure designated by
statute, the parties may stipulate that the alternate juror
be designated by random drawing to be announced after
closing argument.
(c) Jury Instructions. Each party should file one cited and
numbered copy of proposed instructions with the clerk in
order to preserve the record. Each party should also provide
one cited and numbered copy and one un-cited, un-numbered
and un-stapled copy of instructions to the court
administrator for the judge’s use. The parties should
provide a copy of their instructions on disk to the court
administrator at the beginning of the trial if they may need
the assistance of court staff in revising instructions.
Written instructions in civil cases should be provided by
the time of the pre-trial conference. Written instructions
in criminal cases should be provided prior to commencement
of trial.
(d) Agreed Statement of the Case. In all civil jury trials
the parties shall jointly prepare a neutral and agreed
summary description of the case. The court will read that
statement to the jurors during the orientation phase of
selection. The statement should be in plain language but may
be used to introduce the jury to necessary vocabulary or
concepts.
(e) Juror Note-Taking. The court allows jurors to take
notes and provides written copies of instructions to each
juror. Juror notes are destroyed at the end of trial. The
copies of instructions provided to jurors are not preserved.
LR 10
Dissolution of Marriage
(a) Property and Debt Itemization. The parties must fully
prepare and use the Court’s property and debt itemization
form in all dissolution trials. The form shall be initially
prepared and completed by the petitioner listing the
petitioner’s values and proposed distribution of each item.
Items should be sufficiently described to avoid confusion.
Present possession and acquisition cost should be included.
Debts should be separately listed. The petitioner shall
provide the form to respondent at least ten days prior to
trial. The respondent shall list the respondent’s values and
proposed distribution of each item on the same form. The
respondent may add items overlooked by petitioner on the
same form or continuation pages. Respondent shall provide
the completed form with both parties entries to petitioner
two full days before the trial. Prior to commencement of
trial, respondent shall provide a copy of the entire
completed form, including the entries by both parties, to
the court administrator. Blank forms may be obtained by
contacting the office of the court administrator, PO Box
112, Okanogan, WA. 98840, 509-422-7130.
(b) Prior to commencement of trial both parties shall
provide a complete current financial declaration using the
mandatory domestic relations form presently designated WPF
DR 01.0550, Financial Declaration (FNDCLR). Another format
may be use if it provides substantially the same information
organized in a similar manner.
LR 11. PARENTING SEMINARS
(a) Applicable Cases. This rule applies to all domestic
cases including dissolutions, legal separations, non-
parental actions for child custody and paternity actions (in
which paternity has been established) where a parenting plan
or residential plan is required. The rule also applies to
parties in an action seeking a major modification of a
previous parenting or residential plan.
(b) Designated Provider. The court shall review the
qualifications and designate any approved provider of the
mandatory parenting class. The court will also accept any
comparable class that has been approved by any other
superior court.
(c) Attendance Requirement. Each parent and each other
party seeking any rights under a parenting or residential
plan shall, within ten days after initiating or being served
with initial documents in a case covered by this rule,
contact a designated provider to schedule attendance at the
court approved parenting class. At least thirty days prior
to trial in such a case, or prior to entry of a final
parenting plan or residential schedule if no trial is held,
each such party attend and complete the parenting class, and
shall file proof thereof with the court.
(d) Exemption and Enforcement. The court may waive the
seminar for good cause. In no case shall opposing parties be
required to attend classes together. However, except in
cases involving allegations of domestic violence or where
court orders prohibit such contact, the parties may attend
the same class at the same time. Unless exempted, a party
who fails to comply may be punished by civil contempt
remedies, by an order striking pleadings or court dates, or
in such other manner as the court deems appropriate.
LR 12. PRO SE LITIGANTS
(a) Family Law Facilitator Program. The Court has created a
family law facilitator program to provide basic services to
pro se litigants in family law cases. The county
commissioners have imposed a surcharge of $10 on the filing
fee for all Title 26 RCW cases to pay for the expenses of
the program. That fee will ordinarily not be deferred or
waived even if the balance of the filing fee is deferred or
waived due to indigence.
(b) All pro se litigants (those without attorneys, except
petitioners in domestic violence or civil harassment cases)
whether plaintiff, defendant, petitioner or respondent, must
file a pro se notice of appearance when their case
commences. The form must include that party’s full name,
signature, mailing address and telephone number. A new form
must be filed in the event of a change in address or phone
number. Parties who fail to comply with this order may have
their pleadings stricken or may be subject to court action
without notice. A copy of the pro se notice of appearance
should be attached to any request for trial setting
submitted to the court administrator. A form for this
purpose may be obtained from the court administrator or
family law facilitator.
LRMA 1.2 (a)
LRMA 1.2 (a) is amended to remove the following sentence:
"The establishment, termination or modification of
maintenance or child support payments, RCW 7.06.020(2)."
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