Local Court Rules
of the Superior Court for
San Juan County
Table of Rules
PART I. LOCAL CIVIL RULES (LCR)
1. INTRODUCTORY (Rules 1-2A)
1 Scope of Rules
2. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS (Rules 3-6)
5 Service and Filing of Pleadings and Other Papers
6 Time
7 Pleadings Allowed; Form of Motions
8 General Rules of Pleadings and Motions
9 Special Matters: Motions and Pleadings
10 Form of Pleadings and Other Papers
11 Signing of Pleadings, Motions, and Legal Memoranda
16 Pretrial Procedure and Formulating Issues
6. TRIALS (Rules 38-53.4)
39 Trial by Jury or by the Court
40 Assignment of Cases
43 Taking of Testimony; Exhibits
51 Instructions to Jury and Deliberations
52 Decisions, Findings and Conclusions
7. JUDGMENT (Rules 54-56)
56 Summary Judgment
10. SUPERIOR COURTS AND CLERKS (Rules 77-84)
77 Superior Court and Judicial Officers
78 Clerks
84 Involuntary Commitment Hearing
87 Professional Conduct
PART II. LOCAL RULES FOR SPECIAL PROCEEDINGS (SPR)
SPR 94.08.1 Filings in Family Law Cases
SPR 94.08.2 Parenting Seminars
SPR 94.08.3 Mandatory Mediation
SPR 94.08.4 CourtCall Telephonic Appearance Rule
SPR 98.04.5 Guardians Ad Litem
PART III. LOCAL CRIMINAL RULES (LCrR)
4 PROCEDURES PRIOR TO TRIAL (Rules 4.1 - 4.10)
4.2 (i) Authority of Court Commissioners
4.9 Pretrial Motions
6. PROCEDURES AT TRIAL (Rules 6.1 - 6.16)
6.1 Trial by Jury or By the Court
8. MISCELLANEOUS (Rules 8.1 - 8.9)
8.1 Time
8.2 Motions
PART IV. LOCAL JUVENILE COURT RULES (LJuCR)
TITLE I. SCOPE AND APPLICATION OF RULES
1.4 Applicability of Other Rules
1.6 Court Appointed Special Advocate Program
TITLE II. SHELTER CARE PROCEEDINGS
2.5 Amendment of Shelter Care Order
TITLE III. DEPENDENCY PROCEEDINGS
3.9 Review Hearing
TITLE VII. JUVENILE OFFENSE PROCEEDINGS IN JUVENILE COURT
7.3 Detention Facilities
11.3 Court Schedules for Juvenile Matters
11.4 Duties of Clerks
11.5 Financial Responsibility
FORMS APPENDIX
A. Temporary Restraining Order (TMRO), SPR 94.08.1
B. Verified Statement of Assets and Liabilities, SPR 94.08.1
C. Note for Trial Setting, LCR 40
D. Notice of Conflict Dates, LCR 40
E. Statement of Readiness for Trial, LCR 16
F. Order to Show Cause Re: Parenting Class, SPR 94.08.2
G. Request for Entry of Decree and Declaration of Jurisdictional Facts, LCR 8
H. Domestic Relations Pre-Trial Information, LCR 39
I. San Juan County Superior Court Conduct and Dress Code, LCR 81
J. Courtroom Decorum and Practice Guidelines, LCR 87
K. Minimum Qualifications for Superior Court Family Law Mediators for San Juan County, SPR 94.08.3(h)
LCR 1.
SCOPE OF RULES
Unless specifically designated otherwise, these rules shall supplement the
Washington Court Rules for superior and juvenile court and shall govern the
local procedure in San Juan County Superior Court and San Juan County
Juvenile Court. These rules are subject to amendment at the direction of the
judge. Counsel and litigants should check with the court administrator or county
clerk to assure that the rules applicable to their matters are currently in effect.
LCR 5.
SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
(a) Service - When Required.
(1) Emergency Orders. A party applying for an emergency order which will
require or forbid the doing of some act shall notify the opponent or his or her
counsel, if known, and shall request his or her presence at presentation of the
order, unless good cause to the contrary is shown. If the opponent or
opponent's counsel does not appear, the judge shall require a full showing with
respect to the notice given. See also, LCR 9(m).
(b) - (d) (No Local Rules)
(e) Filing With the Court. All notices for the Law and Motion calendar shall
be filed with the clerk of the court no later than 4:30 p.m. seven (7) days
preceding the date of the hearing.
(f) - (i) (No Local Rules)
(j) Filing by Facsimile With Clerk. See LCR 78(a)(4).
(k) Service of Papers by Facsimile on Attorney or Party. Service of all papers
other than the summons and other process may be made by facsimile transmission as follows:
(1) Fax Machine Availability. Pleadings and such other papers may only be
served by facsimile transmission upon a pro se party or attorney if the
intended recipient makes available a facsimile machine at the recipient's
residence or place of business.
(2) Length. Pleadings and such other papers regarding any hearing which
total more than twenty-five (25) pages in length may not be served by facsimile
without prior approval of the intended recipient.
(3) Transmittal Sheet. Any pleadings or such other papers transmitted by
facsimile must be accompanied by a facsimile transmittal sheet containing, at a
minimum, the following information: identification of pleading or other paper
being transmitted, number of pages of pleading or paper, sender's name and
sender's telephone and facsimile numbers.
(4) Receipt of Documents. A pleading or such other paper transmitted by
facsimile shall be deemed received at the time the recipient's facsimile
machine registers the transmission of the last page. If that time is after 5
p.m., the pleading or other paper shall be deemed received the following day.
If a pleading or other paper is received after any time set forth as a deadline
herein, and prior to the next day, the pleading or other paper shall be deemed
received the following day. If a pleading or other paper is not completely
transmitted, it shall not be considered received.
(5) Delivery of Original to Recipient. The transmitting party shall mail
or deliver a copy of the transmitted pleading or other paper to the recipient
of the facsimile transmission by the next day.
(6) Time. Time shall be computed as set forth in Civil Rule 6 and LCR 6 herein.
(7) Facsimile Machine Not Required. Nothing in this rule or other rule
allowing service by facsimile transmission shall require an attorney or party
to have a facsimile machine.
(l) Service of Papers by Email on Attorney or Party. Service of all papers
other than the summons and other process may be made by electronic mail (email) as follows:
(1) Email Availability. Pleadings and such papers may be served by email
only upon an attorney or pro se party who makes available, as provided in this
subsection, an email address to which such pleadings and papers may be served.
An attorney or pro se party makes an email address available by giving notice,
which must include:
(i) The email address to which service may be made.
(ii) Whether service on this email address will return an automatic
confirmation via return email to the sender.
(iii) The phone number, if any, that the sender must call to announce
service to the email address.
(iv) Whether service by email must be followed by service of hard
copies. Notice of the availability of an email address for service of pleadings
and papers for a specific case may be given in the Notice of Appearance or any
other notice filed with the Court. Notice of the availability of an email
address for service of pleadings and papers for all cases may be made in
correspondence directly to attorneys and parties. Any notice of availability of
an email address for service may be modified or revoked in the same manner as
originally given.
(2) Paper Format. Pleadings and papers served by email must be formatted in
the Adobe Acrobat format. Papers without color should be in black-and-white
format to save space. Pleadings and papers shall be attached to an email served
at the appropriate email address. No email may exceed one (1) megabyte in size.
Each pleading and paper must be formatted into a single attachment unless it
exceeds the size limitation, in which case the pleading or paper may be split
across attachments to multiple emails.
(3) Email Information. Each email shall contain at a minimum the following
information: identification of each pleading and paper being served in the
email, the sender's name and company name, and a phone number to which
transmission problems shall be reported.
(4) Service Confirmation. If the recipient's notice of the availability of a
service email address indicates that the email address will return an automatic
confirmation by email, then service shall be complete when the sender receives
such automatic confirmation. If the recipient's notice specifies a phone number
that the sender must call to announce service, then service is complete once
the sender calls the phone number and announces service. Announcement by phone
may be made in voicemail and shall indicate the number of emails sent. Service
completed after 5:00 PM shall be considered completed the next business day.
(5) Delivery of Hard Copy to Recipient. If the recipient's notice of the
availability of a service email address indicates that service of hard copies
is required, the sender shall mail or deliver a copy of the emailed pleadings
and papers to the recipient of the email by the next day.
(6) Time. Time shall be computed as set forth in Civil Rule 6 and LCR 6 herein.
LCR 6.
TIME
(a) - (c) (No Local Rules)
(d) For Motions - Affidavits.
A written motion, other than one which may be heard ex parte, and notice of
the hearing thereof shall be served no later than nine (9) court days before
the time specified for the hearing, unless a different period is fixed by
statute, these local rules, or by order of the court. When a motion is
supported by affidavit or other documents, the affidavit or other documents
shall be served with the motion; and, except as otherwise provided in Civil
Rule 59(c), opposing affidavits may be served no later than 4 p.m. four (4)
court days prior to the hearing. Affidavits in strict reply to the opposing
affidavits may be served not later than 4 p.m. two (2) court days prior to the
hearing. No additional responses or replies shall be permitted from either
party without permission of the court.
(e) (No Local Rules)
LCR 7.
PLEADINGS ALLOWED; FORM OF MOTIONS
(a) Pleadings (No Local Rules)
(b) Motions and Other Papers.
(1) Motions and other papers must contain the following:
(i) Relief Requested. The specific relief the court is requested to grant;
(ii) Statement of Grounds. A concise statement of the grounds upon
which the motion is based;
(iii) Statement of Issues. A concise statement of the issues of law
upon which the court is requested to rule;
(iv) Evidence Relied Upon. The evidence on which the motion or reply
is based shall be identified with particularity. Deposition testimony,
discovery pleadings, and documentary evidence relied upon must be quoted
verbatim, or a photocopy of relevant pages thereof must be attached to the
motion. Deposition testimony in connection with a motion shall not require
publication thereof unless a challenge is made thereto and an opposing party
shows good cause for such publication. Depositions used in this fashion shall
remain unopened and not a part of the court file unless otherwise ordered by the court.
(v) Legal Authority. Any legal authority relied upon must be cited.
(vi) Memorandum of Authority. Provided, however, that items (i) - (v)
above may be contained in a memorandum of authority in support of the motion.
(vii) Mandatory Forms. This rule is not intended to modify or replace
any mandatory forms required by law.
(b) (2)-(5) No Local Rules)
(c)-(d) (No Local Rules)
(e) Dispositive Motions. All dispositive motions shall be noted to be heard
by the judge assigned to preside over the case, except (1) upon agreement of
the assigned judge, (2) upon agreement of the parties or attorneys, and (3)
only upon good cause shown.
(f) Limits to Replies. Replies shall be limited to the issues or facts raised
by the responding party in the response to the motion.
(g) Schedule to Provide Courtesy Copies for Judge. See LCR 8(h).
(h) Motions and Orders to be Separate. Motions and orders shall not be
combined into one document. Rather, an order shall always be set forth in a
separate document from the motion itself.
LCR 8.
GENERAL RULES OF PLEADINGS AND MOTIONS
(a) - (f) (No Local Rules)
(g) Special Set Hearings. In the event motions in a case are expected to take
longer than a total of 15 minutes to be heard, the parties shall obtain a
specially set hearing date and time from the court administrator. The moving
party shall arrange the hearing after conferring with opposing counsel with
regard to conflicts.
(h) Courtesy Copies for Judge. A copy of all motions, briefs, affidavits and
declarations, and other documentary evidence to be considered by the court
shall be provided to the judge assigned to preside over the trial or hearing at
the same time as such documents or documentary evidence are required to be
served on the opposing party as provided in the court rules or local rules herein.
(1) Caption. The upper right hand corner of the first page of each
courtesy copy shall contain the words "Judge's Courtesy Copy," the judge's
name, and the date and time of the hearing.
(2) Delivery. It is the court's preference that all courtesy copies for
the judge be mailed or personally delivered to the court administrator. If time
does not permit mailing or personal delivery, the filing party shall contact
the court administrator at (360) 370-7480. The court reserves the right to
charge a reasonable fee for fax or email copies. Do not fax or email without
prior permission from the court administrator.
(3) Courtesy Copies Are Discarded. Courtesy copies are discarded after
ten (10) days from the assigned hearing date, unless the parties or counsel
notify the court administrator of a new hearing date and request that the
courtesy copies be retained. If either party fails to do so, it will be the
responsibility of the parties or counsel to provide new courtesy copies to the
court as provided herein.
(i) Default Orders, Decrees or Judgments. If an order, decree or judgment has
been entered by default, the prevailing party or the attorney representing the
prevailing party shall immediately mail a conformed copy of the original order,
decree or judgment, including the date the original was entered by the court,
to the opponent or opponent's attorney at his or her last known address. An
affidavit or declaration showing proof of service by mailing shall be filed
with the clerk. If an attorney does not represent the prevailing party, it
shall be the prevailing party's duty to ensure compliance with this rule.
(j) Jurisdictional Declaration in Dissolution Cases. If a decree is entered
under RCW 26.09 by joinder, agreement, or default, an attorney representing the
petitioner or the respondent may present jurisdictional testimony pursuant to a
"Request for Entry of Decree and Declaration of Jurisdictional Facts," using
the form set forth in Appendix G. If both parties are pro se, one party's
presence in court is required.
LCR 9.
SPECIAL MATTERS: MOTIONS AND PLEADINGS
(a) - (l) No Local Rules
(m) Motions to Shorten Time. Motions to shorten time for a hearing shall be
granted only upon good cause shown. The party requesting an order to shorten
time shall give verbal and written notice as soon as possible to opposing
parties regardless of when pleadings are prepared and provided. Such motions
shall contain a written certification that pro se parties or attorneys were
notified of the time and place of requesting the order to shorten time, or the
reasons why such notice was not given. The court may impose terms, including an
award of attorney fees, where the court later finds there was insufficient need
for shortening time. See also, LCR 5(a)(1).
(n) Motions in Dissolution Actions.
(1) Standard Forms and Supporting Affidavit or Declaration. Motions for
temporary support, maintenance, restraining orders, parenting plans, costs,
attorney fees and show cause orders in connection therewith shall be in
compliance with any standard forms required by law and local rules herein and
shall be supported by the affidavit or declaration of the moving party.
(2) Blank Affidavit or Declaration Provided to Pro Se. When one of the
parties is pro se, a blank affidavit or declaration shall be attached to the
motion for temporary orders and show cause order and served on the other party.
In addition, the motion for temporary orders and show cause order shall contain
the following language: "At the hearing, the court will consider written sworn
affidavits or declarations under penalty of perjury. Oral testimony may not be
allowed. If you wish to respond, prior to the hearing you must: (1) file your
documents with the court; (2) provide a copy of those documents to the judge;
(3) serve the other party's attorney with copies of your documents (or have the
other party served if that party does not have an attorney); and (4) complete
your filing and service of documents within the time period required by the
local court rules in effect in your county. If you need more information, you
are advised to consult an attorney or a courthouse facilitator.
FAILURE TO APPEAR MAY RESULT IN A TEMPORARY ORDER BEING ENTERED BY THE
COURT THAT GRANTS THE RELIEF REQUESTED IN THE MOTION WITHOUT FURTHER NOTICE.
(3) Courtesy Copies. Courtesy copies shall be delivered to the assigned
judge, pursuant to LCR 8.
(4) Evidence on Motions. Hearings with respect to all temporary orders
shall be held and determined only upon the pleadings, affidavits or
declarations, and other papers filed, unless the court directs otherwise.
LCR 10.
FORM OF PLEADINGS AND OTHER PAPERS
(a) - (c) (No Local Rules)
(d) Format Requirements.
(1) All papers filed with the Court shall comply with GR 14.
(2) Tabs. Except on courtesy copies, any tabs or separators used within
documents shall be placed at the bottom of the page. If any tabs or separators
are used on the sides of documents, the tabs or separators shall be removed by
the clerk and shall not be imaged for archiving purposes. It is the Court's
preference that tabs on courtesy copies be placed on the sides of documents.
(3) Typing/Color Photographs. All court documents submitted for filing
must be typed or printed legibly using black or dark blue ink. Since color
photographs do not produce usable scanned or microfilmed images, black and
white reproductions are preferable to obtain a better copy for imagining and
microfilming reproduction.
(4) Conformed Copies. Court documents served on an opposing party shall
be fully conformed as to signatures, dates signed, date filed, and all other
information as it appears on the filed original. If a party serves court
documents that are otherwise fully conformed, without the date filed stamped
upon the documents, the serving party shall notify the receiving party, as soon
as practical after filing, of the date filed of the served documents.
(5) Guardianship Hearing Dates. In all reports required by RCW 11.92 et
seq., the title shall contain, in addition to the name of the report, a
notation to the clerk to set the next report date, i.e., "Clerk's Action
Required: Next Hearing Date and Time: (date) at 10:30 a.m."
(6) Length of Briefs and Legal Memoranda. Briefs and legal memoranda on
non-dispositive pretrial matters may not exceed ten (10) pages double-spaced.
In trial matters the limit for a party's main filing is twenty (20) pages
double-spaced; supplemental briefs or legal memoranda on subsidiary matters may
not exceed five (5) pages double-spaced. Declarations and affidavits in such
matters may not exceed five (5) pages double-spaced. There is no page limit on
dispositive motions.
LCR 11.
SIGNING OF PLEADINGS, MOTIONS, AND LEGAL MEMORANDA
(a) - (b) No Local Rules
(c) Sanctions. Violation of any of these local rules may result in sanctions,
including but not limited to, imposition of monetary terms, striking of
pleadings or denial of affirmative relief to a party not in compliance with these rules.
LCR 16.
PRETRIAL PROCEDURE AND FORMULATING ISSUES
(a) - (b) (No Local Rules)
(c) Pretrial Readiness.
(1) Time. The court administrator shall set pretrial readiness hearings
in all civil and domestic cases approximately a month prior to the assigned
trial date.
(2) Matters Considered. Matters to be considered at the readiness hearing
may include, but are not limited to, the following: completion of mandatory
mediation, completion of mandatory parenting seminar, witness availability,
confirmation of length of trial, continuance of trial date pursuant to LCR
40(e), and pretrial motions.
(3) Completion of Discovery. Unless otherwise stipulated by the parties,
or ordered by the court upon good cause shown and on such terms and conditions
as are just, all discovery allowed under CR 26-27, including responses and
supplementation thereto, must be completed no later than the scheduled date of
the pretrial readiness hearing. Nothing herein stated shall modify a party's
responsibility to promptly supplement responses to discovery rules or otherwise
comply with discovery no later than the scheduled date of the pretrial
readiness hearing.
(4) Statement of Readiness for Trial. If there are no matters to be
resolved by the court, a party's personal appearance at the readiness hearing
may be waived, provided the party has certified his or her readiness for trial
with a written statement of readiness for trial filed with the court using the
form set forth in Appendix E.
(d) Settlement Conference. Except as provided in SPR 94.08.3, any party in a
civil action may schedule a pretrial settlement conference through the court administrator.
(1) Conference Judge. The settlement conference shall be before a judge
who has not been assigned to preside at any subsequent trial, or an attorney
mediator agreed to by the parties.
(2) Mandatory Attendance. Attendance at the settlement conference by all
parties and counsel shall be mandatory, unless the court determines that
circumstances exist precluding said attendance.
(3) Setting. Settlement conferences shall be set and heard no later than
21 days prior to trial.
(4) Issues. The parties shall provide documentation clearly stating the
issues involved to the conference judge at least two (2) days prior to the conference.
LCR 39.
TRIAL BY JURY OR BY THE COURT.
(a) - (c) (No Local Rules)
(d) Trial Briefs and Required Documents.
(1) Trial Brief or Memorandum. In all contested civil trials, each party
shall prepare a trial brief or memorandum of authorities containing the legal
issues involved and the authorities supporting same.
(2) Other Required Documents. In addition to the above, in all contested
trials in domestic relations matters, each party shall provide the court with the following:
(i) A written pretrial information form indicating a proposed division of
assets and liabilities, using the form set forth in Appendix H.
(ii) If children are involved, a proposed parenting plan and child support worksheets.
(3) Time. Copies of all required documents shall be filed with the clerk,
copies served on opposing counsel and a copy shall be provided to the assigned
judge by noon two (2) days prior to the date set for commencement of trial.
LCR 40.
ASSIGNMENT OF CASES
(a) (No Local Rules)
(b) Methods.
(1) Note for Trial Assignment. All notes for trial assignment on contested
cases shall, in addition to counsel's estimate of time needed for trial,
indicate the issues which counsel believes will be in dispute, and shall
contain the names and addresses of all attorneys, guardians ad litem, or
parties appearing pro se. Counsel or the parties appearing pro se shall certify
that the issues are joined. If opposing counsel disputes that the issues are
joined or disagrees with the statement of issues or estimate of time needed,
opposing counsel shall, prior to the trial assignment date, promptly notify the
court administrator thereof in writing. Counsel or parties appearing pro se are
urged to request sufficient time for these matters. Overestimation is preferred
to underestimation of time needed. The form of the Note for Trial Assignment is
set forth in Appendix C.
(2) Mandatory Mediation. In any proceeding where mediation is required
by SPR 94.08.3, no party may note the case for trial assignment until the
parties have participated in good faith in mediation and a certificate of
attendance at mediation has been filed with the court, or the court has found
that a party refused to participate, in good faith, in mediation.
(3) Conflict Dates. Counsel shall file a Notice of Conflict Dates with the
clerk of the court and provide a copy to the court administrator on or before 9
a.m. of the date set for trial assignment. Conflict dates shall be limited to
previously scheduled vacations and trial dates. The form of the Notice of
Conflict Dates is set forth in Appendix D.
(4) Trial Date Assignment. The court administrator will assign cases a
specific trial date and notify the parties by mail of such date. There are no
personal appearances by counsel or pro se parties on the trial assignment
calendar. If more than one matter is set for trial for the same day, counsel or
parties shall be required to be prepared for trial on the date set regardless
of the order in which the cases are set.
(c) Priority Settings. All matters are subject to the established rule that
criminal cases, juvenile proceedings, and civil proceedings entitled to
priority settings take precedence over all other matters and may at times cause
postponement of lesser prioritized cases.
(d) (No Local Rules)
(e) Continuances. A trial date may be stricken or continued by agreement of
the parties upon presentation of an order to the court at least thirty (30)
days prior to the trial date. Any agreed order of continuance shall set forth
new readiness and trial dates that have been approved by the court
administrator. Any agreed order striking a trial date shall state that a new
note for trial assignment and notice of conflict dates must be filed.
A trial date may not be stricken or continued within thirty (30) days of the
trial date except upon motion, supported by affidavits, properly noted for
hearing. If the motion is granted, the order of continuance shall state that a
new note for trial assignment and notice of conflicts shall be filed, unless
new readiness and trial dates have been pre-approved by the court
administrator, in which case the order of continuance shall set forth the new dates.
The parties shall immediately provide the court administrator with a copy of
any signed order striking or continuing a trial date.
(f) New Trial Date. Within thirty (30) days after a trial date is stricken by
order of the court, the parties shall submit a new note for trial setting and
notice of conflict dates to the court administrator.
(g) Settlement of Cases Set for Trial. Notice shall be given immediately to
the court administrator if any case which has been assigned a trial date is
settled or will not be tried for any reason whatsoever. If this rule is
violated and the court incurs unnecessary expenses, such as jury expenses, the
court may, in its discretion, assess such costs to the parties.
(h) Confirmation of Trials. It shall be the responsibility of the parties to
confirm that their trial will proceed on the scheduled trial date. Confirmation
shall be made by telephone to the court administrator's office (360) 378-2399
no earlier than seven (7) or later than two (2) court days prior to the
scheduled trial date.
LCR 43.
TAKING OF TESTIMONY; EXHIBITS
(a) - (k) (No Local Rules)
(l) Matters Not Reported. Unless requested by a party and expressly directed
by the judge, the following matters may not be reported or recorded:
(1) Opening statements and closing arguments in non-jury civil trials;
(2) Ex parte matters on the law and motion calendar;
(3) Verbal statements in a tape recording;
(4) Video tape recording used at trial or in a hearing; and
(5) Deposition transcripts read at trial in lieu of live testimony.
(m) Trial Exhibits.
(1) Marked in Advance of Trial Date. In all contested matters, the
parties shall cause all exhibits, except such exhibits as are intended for
impeachment purposes, to be marked for identification by the clerk in advance
of the trial date; provided that a party may present exhibits for marking on
the day of trial if the number of exhibits to be marked is ten (10) or less and
the exhibits are provided for marking at least one (1) hour before the start of
the trial. An exhibit list, without exhibit numbers filled in, shall be given
to the Clerk when the exhibits are presented for marking.
(2) Copies. Copies of all documents offered as exhibits, except large
maps or drawings, shall be prepared and presented to opposing counsel and to
the judge at such time as the exhibits are offered into evidence; provided
that, with the permission of the other party, the judge's courtesy copies may
be provided before or at the commencement of the trial.
(3) Withdrawal of Exhibits. After final judgment, if the time for appeal
has elapsed and no appeal has been taken, the court, upon application of any
party or other person entitled to the possession of one or more exhibits, may
in its discretion order the withdrawal of such exhibit or exhibits and delivery
thereof to such party or other person.
(4) Return or Destruction of Exhibits. When judgment in a civil case
shall become final after an appeal or upon judgment of dismissal, or upon
filing a satisfaction of judgment, the clerk, on stipulation of the parties,
shall return all exhibits and unopened depositions or destroy them. The court
shall enter an order accordingly.
(5) Records in Administrative Appeals. Records of proceedings and
exhibits filed as the record in an appeal of any administrative hearing shall
be presumed to be exhibits to the file in the superior court. Any video
conference tapes or audio tapes shall have a transcript filed in addition to
the video or audio tape.
LCR 51.
INSTRUCTIONS TO JURY AND DELIBERATION
(a) Proposed. Proposed jury instructions shall be submitted prior to
commencement of trial but in no event later than 9:00 a.m. the day on which the
case is called for trial.
(b) Submission.
(1) Cited Instructions for Court. The parties shall file the original
proposed jury instructions with the clerk and shall provide one (1) copy to the
trial judge and one (1) copy to the opposing party. The proposed instructions
shall be numbered and identified as to proposing party and shall contain
supporting annotation and the number of the Washington Pattern Instruction (WPI) thereon.
(2) Uncited Instructions for Jury. The parties shall further provide the
trial judge with one (1) set of such proposed jury instructions to be given to
the jury, which set shall not be numbered but shall contain a space to enter a
number, no citations of authority, no reference to the WPI number, and no
identification as to the proposing party. The parties shall also include a
title page entitled "Court's Instructions to the Jury" pursuant to WPI 1.01.01.
(c) - (j) (No Local Rules)
LCR 52.
DECISIONS, FINDINGS AND CONCLUSIONS
(a) - (e) No Local Rules
(f) Time Limit for Presentation. Written findings of fact, conclusions of
law, decrees, judgments or orders shall be presented to the judge hearing the
matter within thirty (30) days of the judge's oral or written pronouncement.
Failure to comply with this rule may be grounds for a new trial or hearing and sanctions.
(g) Responsibility for Preparation. If a movant's motion is granted in whole
or in part, the moving party shall be responsible to prepare and present any
written findings, conclusions, and orders necessary as a result of the
decision, unless the court orders otherwise.
LCR 56.
SUMMARY JUDGMENT
(a) - (h) (No Local Rules)
(i) Confirmation of Summary Judgment Motions.
It shall be the responsibility of the moving party to confirm all summary
judgment motions. Confirmation shall be made by telephone to the court
administrator's office at (360) 378-2399 no earlier than seven (7) or later
than two (2) court days prior to the hearing.
LCR 77.
SUPERIOR COURTS AND JUDICIAL OFFICERS
(a) - (n) (No Local Rules)
(o) Visiting Judge
(1) When the elected judge is not sitting on a case, whether from a
recusal, an affidavit of prejudice or otherwise, and a visiting judge has been
assigned to hear the case, all hearings and trial dates shall be scheduled with
the San Juan County Superior Court Administrator.
(2) For motions to be heard on the Friday law and motion calendar and for
special set motions, counsel or pro se parties shall notify the court
administrator before the motion is filed in order to determine if the visiting
judge can be scheduled to either be present in San Juan County or be available
for a telephonic hearing on the requested date.
(3) For motions that are not dispositive and are of the type that would
normally be set for the Friday morning calendar, the visiting judge shall have
the option of appearing by telephone to hear the motion. In that event, counsel
or pro se parties shall appear personally in the San Juan County Superior Court
Courtroom or, where allowed by these rules, may appear telephonically.
(4) For special set motions, other than dispositive motions, the court
administrator shall attempt to arrange for the visiting judge to appear
personally in the San Juan County Superior Court Courtroom to hear the motion.
In the event the judge is not able to appear personally, counsel or pro se
parties may appear in the San Juan County Superior Court Courtroom; appear
telephonically, where allowed by these rules; or appear personally before the
judge in that judge's courtroom.
(5) Trials and dispositive motions shall be held in San Juan County,
absent court approval and agreement of the parties.
(6) Telephonic appearances by the visiting judge shall be arranged by the
court administrator. Telephonic appearances by counsel or pro se parties must
be arranged by counsel or the parties.
(7) Counsel or pro se parties are responsible to provide courtesy copies
of their pleadings to the visiting judge.
(p) Court Administrator. The court administrator is subject to the general
supervision of the judge. The specific powers and duties of the court administrator
include, but are not limited to, the following, as directed by the judge:
(i) Calendaring and jury management;
(ii) Supervision and direction of the work of the court employees;
(iii) Preparation and administration of the budget of the court;
(iv) Assistance in representing the court regarding court management matters.
(q) Office Hours. Office hours for the court administrator are 8:00 a.m. to 5:00 p.m.,
Monday through Friday, except on legal holidays.
(r) Court Schedule
(1) Law and Motion Day. Friday of each week shall be law and motion day.
If Friday falls on a legal holiday, then the motion calendar will be heard on
the preceding Thursday, except during the week of the Thanksgiving holiday,
when the motion calendar shall be heard on the preceding Wednesday. Scheduling
on law and motion day will be as follows:
(i) 9:00 a.m. Adult criminal matters;
(ii) 10:30 a.m. Closed civil hearings;
(iii) 10:30 - 12:00 p.m. Open civil hearings, which shall proceed in the
following order: ex parte matters; supplemental proceedings; readiness
hearings; parentage motions where paternity has previously been determined;
uncontested matters in probates and guardianships; uncontested dissolutions;
all orders to show cause and/or motions in domestic actions; other orders to
show cause and/or motions in civil cases; motions and orders subsequent to
judgment and motions for summary judgment.
(iv) 1:15 p. m. Criminal sentencing hearings.
(v) 1:30 p.m. Special settings [per LCR 8(g)] for both criminal and civil
matters, scheduled in advance through the court administrator's office.
(2) Protection Order Matters. Domestic violence matters under Chapter
26.50, RCW; sexual assault matters under Chapter 7.90, RCW; and those
antiharassment matters transferred to Superior Court pursuant to RCW 10.14.150,
shall be heard on Thursday of each week, beginning at 8:30 a.m. If Thursday
falls on a legal holiday, these matters will be heard on the preceding
Wednesday, except during the week of the Thanksgiving holiday, when they shall
be heard on the preceding Tuesday.
(3) Juvenile Matters. All juvenile matters other than fact finding
hearings and truancy hearings shall be heard on Thursdays, beginning at 12:30
p.m. The juvenile calendar shall proceed in the following order: offender
matters; dependency matters; and matters proceeding under Chapter 13.32A, RCW;
Truancy hearings shall be heard on Thursdays, beginning at 3:10 p.m.
(4) Ex Parte Matters. Ex Parte matters may be presented to the judge in
chambers between the hours of 9:00 a.m. and 4:00 p.m. on all judicial days.
Counsel shall call the court administrator's office in advance to schedule a
presentation. Parties wishing to present an ex parte matter on the record
shall do so at 1:30 p.m. on any day, after first giving notice to the county
clerk and the court administrator.
(5) Jury Trials. Jury trials will normally start on a Monday. Court will
begin at 8:30 a.m. and recess for lunch from 12:00 to 1:30, continuing until
4:30 each day, with a minimum 15-minute recess mid-morning and again mid-afternoon.
LCR 78.
CLERKS
(a) - (f) No Local Rules
(g) Signing Out Court Files. Any file signed out from the County Clerk's
Office by a local attorney or title company shall be returned and signed in
within five (5) days, or immediately if so requested by a judge, court
commissioner or clerk. Nonresident attorneys or title companies may withdraw
files only upon an order based upon such application signed by the court. The
court file shall not be taken apart for any purpose, except with the express
consent of the County Clerk.
(h) Self-Addressed, Stamped Envelope. If an attorney or any other person
requests from the clerk the mailing of an answer to correspondence or conformed
copies of any pleadings or other documents, the attorney or person requesting
the same shall furnish a self-addressed, stamped envelope for the convenience
of the clerk.
(i) Facsimile Filing of Pleadings With Clerk. Documents, including pleadings,
may be filed with the clerk by facsimile transmission, in accordance with GR 17.
LCR 84.
INVOLUNTARY COMMITMENT HEARING
Involuntary commitment hearings shall be held as occasion demands in deference
to expediting the hearing, availability of medical testimony, and the
convenience of the court. The office of the prosecuting attorney shall notify
the court administrator immediately upon the filing of an application, and the
time and place of the hearing shall be set by the court administrator at the
earliest date compatible with the foregoing factors.
LCR 87.
PROFESSIONAL CONDUCT
(a) Conduct and Dress Code. All persons entering the courtroom shall comply
with the Conduct and Dress Code posted outside the courtrooms. A copy of the
Conduct and Dress Code is set forth in Appendix I.
(b) Professional Conduct. All attorneys shall adhere to the "Courtroom
Decorum and Practice Guidelines," a copy of which is set forth in Appendix J.
(c) Time Standards. All attorneys shall make a good faith effort to meet the
Advisory Case Processing Time Standards set forth in the Washington Court Rules.
SPR 94.08.1.
FILINGS IN FAMILY LAW CASES
(a) Application of Rule. This rule shall apply to all of the following types
of cases that were filed after September 1, 2012:
(1) Family law petitions seeking dissolution of marriage, legal
separation, or declaration of invalidity; and
(2) Actions brought by parties to nonmarital relationships involving
parenting or distribution of assets/liabilities.
(b) Court's Automatic Temporary Order. Upon the filing of a Summons and
Petition in any of the actions specified above, the court shall automatically
issue a Temporary Order using the form set forth in Appendix A. The Petitioner
is subject to this order from the time of filing the Petition. The Petitioner
shall serve a copy of this order on the Respondent and file a declaration of
service in the court file. The Respondent is subject to this order from the
time that the order is served.
(c) Filing of Parties' Financial Declarations and Verified Statement of
Assets and Liabilities. Within thirty (30) days after the filing of an answer
or other responsive pleading in any of the actions specified above, each party
shall serve on the opposing party:
(1) A Financial Declaration, using (WPF DR 01.1550).In all cases
involving a request for child support, maintenance or attorney's fees, the
Declaration shall also be filed with the court; and
(2) A Verified Statement of Assets and Liabilities, including both
marital and separate assets and liabilities of any kind, in the form set forth
in Appendix B. The Verified Statement of Assets and Liabilities shall not be
filed with the court.
(3) Each party shall then file with the court a Declaration of Mailing,
attesting that the Financial Declaration and Verified Statement of Assets and
Liabilities has been provided to the other party within the 30-day time limit.
All parties have a duty to supplement the financial information when additional
information becomes available.
(d) Pro Se Parenting Plans and Pro Se Child Support Orders - Review. In any
action in which the residential care or child support of a minor child or
children is at issue and in which none of the parties are represented by
counsel, any proposed parenting plan or residential schedule and any proposed
child support documents, including the child support schedule worksheet, shall
first be reviewed, approved as to form and initialed by the court facilitator
or by an attorney acting as a third-party neutral in accordance with RPC 2.4;
provided, however, this requirement shall not apply to a proposed temporary
parenting plan or residential schedule.
SPR 94.08.2.
PARENTING SEMINARS
(a) Applicable Cases. This rule shall apply to all cases under Chapter 26.09,
26.10, or 26.26 RCW which require a parenting plan or residential schedule for
minor children, including major modifications and paternity actions in which
paternity has been established.
(b) Mandatory Attendance. Except as provided in Section (f) below, within
thirty (30) days of filing an appearance, answer or other responsive pleading
in this action, both parties shall register for a court-approved parent
education seminar on the effects of family transitions on children, unless the
parties have previously attended such a course. Each party shall attend the
seminar within sixty (60) days of registering.
(c) Certificate of Completion. Upon completion of the seminar, each party
shall file with the court the seminar completion certificate provided by the
sponsoring agency or provider. Additionally, a copy of the certificate of
completion shall be provided to the judge at presentation of final documents.
(d) Fees. Each party attending a seminar shall pay a fee charged by the
approved provider and authorized by the court.
(e) Seminar Providers. The court shall establish standards for parenting
seminars and shall approve seminar providers. A list of approved parenting
seminars shall be available from the superior court administrator, court
facilitator, and county clerk. If a parenting seminar is not included on the
list, then the court, upon proper motion, may allow other seminars to fulfill
this requirement on a case-by-case basis.
(f) Waiver/Special Consideration.
Pursuant to RCW 26.12.172:
(1) In no case shall opposing parties be required to attend a parenting
seminar together; and
(2) Upon a showing of domestic violence or abuse which would not require
mutual decision-making, pursuant to RCW 26.09.191, or if the court determines
that attendance at a seminar is not in the children's best interest, the court
shall either waive the requirement of completion of the seminar or allow
participation in an alternative parenting seminar if available; and
(3) The Court may otherwise waive the requirement upon a showing of good cause.
(g) Exchange of Parenting Plans. Within fourteen (14) days of completing the
parenting seminar, each parent shall provide the other parent with a Proposed
Parenting Plan, if they have not already done so.
(h) Failure to Comply. Willful refusal to participate in a parenting seminar
or willful delay in completing the parenting seminar may result in a finding of
contempt and imposition of sanctions. The Court may decline to enter
finalization documents until both parents have completed the seminar.
[See Order to Show Cause Re: Parenting Class in Appendix F.]
SPR 94.08.3.
MANDATORY MEDIATION
(a) Mediation in Contested Cases. Except as provided in Section (b) below, in
all cases specified in Section (a) of SPR 94.08.1 having unresolved issues,
both parties shall in good faith engage in mediation with a court-approved
mediator in an effort to resolve the case. In cases where parenting issues
exist, the mediation shall not occur until both parties have completed the
parenting seminar described in SPR 94.08.2. Mediation shall be completed at
least sixty (60) days prior to the scheduled trial date.
(b) When Mediation is Not Required. Mediation shall not be required as
provided in Section (a) in the following cases:
(1) For good cause shown upon motion and approval by the court; or
(2) Where a domestic violence restraining order or protection order
(excluding ex parte orders) involving the parties has been entered by a court
at any time within the previous twelve (12) months;
(3) Where a domestic violence no contact order exists pursuant to RCW 10.99;
(4) Where the court upon motion finds that domestic abuse has occurred
between the parties and that such abuse would interfere with arm's-length
mediation. Notwithstanding the foregoing, either party may by motion seek a
court order requiring mandatory mediation in a case where it would not be
required as set forth in (b)(2), (b)(3) or (b)(4) above if the moving party
believes that the parties would be able to mediate their dispute at arm's-
length under the particular circumstances of the case.
(c) Settlement Conference. If, after mediation in good faith or where
mediation is not required, there remain unresolved issues in any case specified
by Section (a) of SPR 94.08.1, the parties may participate in a settlement
conference, pursuant to LCR 16(b).
(d) Effect on Court Proceedings. Mediation does not stay or otherwise affect
the rights and duties of the parties established by statute, court rule, or
court order. The court may enter temporary orders and the parties may conduct
discovery prior to or during the mediation process.
(e) Cost of Mediation. Mediators shall be paid by the parties in accordance
with the agreement of the parties, or in the absence of agreement, as
determined in mediation.
(f) Responsibility for Compliance. The parties shall be responsible for
arranging for and completing all mediation requirements established under this rule.
(g) Failure to Comply. Willful refusal to participate in mediation or willful
delay in completing mediation may result in a finding of contempt and
imposition of sanctions.
(h) Approval of Mediators. Mediators performing mediation services pursuant
to this rule must fulfill the minimum qualifications set forth in Appendix K.
In order to fulfill the mediation requirements of this rule, the parties must
use the services of a court-approved mediator. The court administrator shall
maintain a list of approved mediators, either persons or agencies, for
distribution to the public. The list shall contain the following information:
each mediator's name, organization, if any, address and telephone number, and fee schedule.
(i) Selection of Mediator; Right of Mediator to Decline. The parties may
either agree to a mediator from the court-approved list or the mediator will be
determined by use of a strike list. A mediator has the right to decline to
serve in a particular case. If a mediator declines to serve, the parties shall
select a different mediator, using the same selection process by which the
preceding mediator was selected.
(j) Authority of Mediator. The mediator has the authority to determine the
time, place, manner, and duration of mediation. In appropriate cases, the
mediator shall have the authority to terminate the mediation prior to completion.
(k) Attendance at Mediation. The parties shall personally attend all
mediation sessions, unless the mediator permits telephonic or other attendance.
The mediator shall have the authority to require other persons to attend.
(l) Declaration of Completion. Within seven (7) days of completion of
mediation, a declaration that mediation has been completed shall be filed with
the court by the mediator. The mediator shall advise counsel and the parties of
the results of mediation in writing. The mediator shall advise the court only
whether an agreement has been reached on some or all of the issues.
(m) Confidentiality. The work product of the mediator and all communications
during the mediation shall be privileged and confidential and not subject to
compulsory disclosure. The mediator shall not appear to testify in any court
proceedings. See RCW 5.60.070.
(n) Effective Date. This shall apply to all cases described herein, including
modifications filed after September 1, 2012.
SPR 94.08.4.
COURTCALL TELEPHONIC APPEARANCE RULE
(a) Program Overview.
(1) The CourtCall Telephonic Appearance Program ("CourtCall"), 1-888-882-
6878, organizes a procedure for telephonic appearance by attorneys or pro se
parties as a reasonable alternative to personal appearances in appropriate
cases and situations. CourtCall is fully voluntary and no person is required to
utilize CourtCall. CourtCall is available at a fixed fee to use when
circumstances are appropriate.
(2) Hearings will be held on a specific calendar in the usual manner,
unless the court exercises its discretion to call cases in a different order.
(3) Hearings are conducted in open court or in private as the court may
designate. All attorneys or pro se parties making CourtCall Appearances call a
designated toll free teleconference number a few minutes before the calendar is
scheduled, to check in with the clerk. Attorneys or pro se parties remain on
the court's speakerphone-telephone line and hear the same business that those
present in the court may be hearing. Attorneys or pro se parties not
participating telephonically appear in person. The court calls cases for
hearing. All attorneys or pro se parties on a case participate in the hearing.
All present in the courtroom hear the discourse of those making CourtCall Appearances.
(4) CourtCall Appearances are scheduled, in writing, in advance, by
counsel or pro se parties serving on all other counsel and pro se parties and
delivering (via fax, mail, or personal delivery) to CourtCall, LLC, not less
than seven (7) court days prior to the hearing date, a Request for CourtCall
Appearance form and by paying the stated fee for each CourtCall Appearance. The
court may shorten the time for serving the request for good cause shown.
(b) Participation in CourtCall Appearances.
(1) Court.
(a) The court shall hear CourtCall Appearances in the order in which they
are noted on the calendar, unless the court exercises its discretion to call
cases in a different manner.
(b) The following matters are currently deemed unsuitable for CourtCall
Appearances and shall require the personal appearance of parties and/or
counsel, unless otherwise approved in advance by the court.
(i) Judgment Debtor Exami-nations;
(ii) Settlement Conferences;
(iii) Hearings and trials at which oral testimony may be presented;
(iv) Show cause hearings regarding contempt by a party.
(c) The court reserves the right, at any time, to reject any Request for
CourtCall Appearance. When the court rejects a request, it shall order a refund
of deposited telephonic appearance fees and notify CourtCall, LLC.
(d) The court reserves the right to halt the telephonic hearing on any
matter and order the attorneys to personally appear at a later date and time,
in which case no refund is permitted.
(e) If a matter is continued prior to the actual hearing date, the prior
filing of a Request for CourtCall Appearance form shall remain valid for the
continued date of the hearing.
(f) Existing rules and procedures regarding making of the record by a
court reporter or electronic device or obtaining a transcript after the hearing
shall apply to hearings at which CourtCall Appearances are made. No private
recordings may be made of telephonic appearances.
(g) Upon proper motion, the court in its discretion may waive the
CourtCall fee for a party who is found by the court to be indigent or for his
or her counsel.
(2) Attorneys and Pro Se Parties.
(a) Attorneys and pro se parties electing to make a CourtCall Appearance
shall serve, on all other parties in the case, the Request for CourtCall
Appearance form, fax or otherwise deliver a copy of the form to CourtCall, LLC,
and pay the CourtCall Appearance Fee in the method prescribed, not less than
seven (7) court days before the hearing date. The court may shorten the time
for serving the request for good cause shown.
(b) When the Request for CourtCall Appearance is made at the same time as
the filing of the hearing documents or response, in addition to the Request for
CourtCall Appearance form, the words "CourtCall Appearance Requested" shall be
printed below the department, date, and time of the hearings on the first page
of the papers filed with the court and courtesy copies for the judge.
(c) Appearance Procedure.
(1) An attorney or pro se party making a Court Call Appearance shall:
(a) Eliminate to the greatest extent possible all ambient noise from the
calling location;
(b) Be required, during the speaker's appearance, to speak directly into
a telephone handset;
(c) Not call in with cellular or cordless telephone devices or through a
personal computer.
(2) An attorney or pro se party making a CourtCall Appearance shall call
the court's designated toll free teleconference line approximately five (5)
minutes prior to the scheduled hearing time and check-in with the clerk. All
persons calling after the check-in period shall be considered to be late for
the hearing and shall be treated by the court in the same manner as if the
person had personally appeared late for the hearing.
(3) An attorney or pro se party appearing telephonically shall state his
or her name for the record each time the person speaks and shall participate in
the appearance with the same degree of courtesy and courtroom etiquette as is
required for a personal appearance. An attorney or pro se party shall not
utilize the "hold" button, as it is not within the policy of the court to wait
for any person to rejoin the line.
SPR 98.04.5.
GUARDIANS AD LITEM.
[See Superior Court Guardian ad Litem Rules (GALR) for general responsibilities
of guardians ad litem.]
(a) Appointments of Guardian ad Litem. All guardians ad litem shall be
appointed as set forth in the policies and procedures for guardians ad litem,
approved by the judges and maintained by the Superior Court Administrator's Office.
(b) Grievance Procedures.
(1) Submission of Complaints. All complaints made by or against guardians
ad litem shall be in writing and shall be submitted to the court administrator.
All complaints must bear the signature, name and address of the person filing
the complaint.
(2) Review of Complaint. Upon receipt of a written complaint, the court
administrator shall refer the complaint to the judge for review
(3) Findings and Action of Complaint. Upon review of the complaint, the
judge shall either:
(A) Make a finding that the complaint is with regard to a case then
pending in the court and decline to review the complaint and so inform the
complainant. In such instances, the judge shall advise the complainant that the
complaint may only be addressed in the context of the case at bar, either by
seeking the removal of the guardian ad litem or by contesting the information
or recommendation contained in the guardian ad litem's report or testimony; or
(B) Make a finding that the complaint has no merit on its face, and
decline to review the complaint and so inform the complainant; or
(C) Make a finding that the complaint appears to have merit and request a
written response from the guardian ad litem or other person against whom the
complaint is brought within ten (10) business days, detailing the specific
issues in the complaint to which the judge desires a response. The judge shall
provide the guardian ad litem or other person against whom the complaint is
brought with a copy of the original complaint. In considering whether any
complaint against a guardian ad litem has merit, the judge shall consider
whether the complaint alleges the guardian ad litem has (i) violated a code of
conduct, (ii) misrepresented his or her qualifications to serve as a guardian
ad litem, (iii) breached the confidentiality of the parties, (iv) falsified
information in a report to the court or in testimony before the court, (v)
failed, when required, to report abuse of a child, (vi) communicated with a
judicial officer ex parte concerning a case for which he or she is serving as
guardian ad litem, (vii) violated state or local laws or court rules, or (viii)
taken or failed to take any other action which would reasonably place the
suitability of the person to serve as a guardian ad litem in question.
(4) Response and Findings on Complaint. Upon receipt of a written
response to a complaint, the judge shall make a finding as to each of the
specific issues in the complaint to which the judge desires a response, as
delineated in the judge's letter to the person against whom the complaint is
brought. Such findings shall state that either there is no merit to the issue
based upon the response or that there is merit to the issue.
(5) Forms of Discipline. The judge shall have the authority to issue a
written admonition or a written reprimand, refer the guardian ad litem (if the
complaint is against a guardian ad litem) to additional training, or suspend or
remove the guardian ad litem from the registry. In considering an appropriate
form of discipline, the judge shall take into consideration any prior
complaints that resulted in an admonition, reprimand, referral to training, or
suspension or removal from the registry. If the guardian ad litem against whom
the discipline is directed is listed on more than one registry, the suspension
or removal may apply to each registry the guardian ad litem is listed on, at
the discretion of the judge.
(6) Notice to Complainant and Person Against Whom Complaint is Brought.
The complainant and the person against whom the complaint is brought shall be
notified in writing of the judge's decision following receipt of the response
to the complaint.
(7) Confidentiality. A complaint shall be deemed confidential for all
purposes unless the judge reviewing the complaint has determined that the
complaint has merit. Any record of complaints filed which are not deemed by the
judge to have merit shall be confidential, and shall not be disclosed except by
court order, upon good cause shown, after the person against whom the complaint
was brought has been given notice and an opportunity to be heard.
(8) Complaint Processing Standards. Complaints shall be resolved within
twenty-five (25) days of the date of receipt of the written complaint if a case
is pending. Complaints shall be resolved within sixty (60) days of the date of receipt
of the written complaint if the complaint is filed after the conclusion of a case.
(9) Removal from Registry. When a guardian ad litem is removed from the
court's registry pursuant to the disposition of a grievance hereunder, the
court administrator shall send a notice of such removal to the Administrative
Office of the Courts. When the court administrator receives notice from the
Administrative Office of the Courts that a guardian ad litem on the court's
registry has been removed from the registry of any other Washington superior
court, the court administrator shall advise the judge of such removal.
LCrR 4.2(i)
AUTHORITY OF COURT COMMISSIONERS
Court Commissioners qualified under Article 4, Section 23 of the Washington
Constitution are authorized to preside over arraignments, preliminary
appearances, initial extradition hearings, and noncompliance proceedings
pursuant to RCW 9.94A.200; accept guilty pleas as authorized in this local rule
pursuant to RCW 2.24.040(15); appoint counsel; make determinations of probable
cause; set, amend, and review conditions of pretrial release; set bail; set
trial and hearing dates; authorize continuances and accept waivers of the right
to speedy trial.
LCrR 4.9.
PRETRIAL MOTIONS
The parties or their attorneys shall specially set pretrial motions in criminal
matters with the court administrator at least ten (10) days prior to trial.
LCrR 6.1
TRIAL BY JURY OR BY THE COURT
(a) Trial Brief or Memorandum. In criminal trials with contested legal or
evidentiary issues, each party shall prepare a trial brief or memorandum of
authorities containing the issues involved and the authorities supporting same
and provide the same to the clerk, opposing counsel and judge by noon two (2)
days prior to the date set for commencement of trial.
LCrR 8.1
TIME
Time shall be computed and enlarged in accordance with CR 6, and not by the
civil local court rules.
LCrR 8.2.
MOTIONS
(a) Motion Calendar. Criminal motion calendar shall be set at 9:00 a.m. on
Friday, with sentencings set at 1:15 p.m. on Friday in San Juan County.
(b) Motions. Unless changed by the Local Criminal Court Rules, Criminal Rules
3.5 and 3.6, Civil Rule 7(b), and LCR 7 shall govern motions in criminal cases.
CourtCall may only be utilized in limited circumstances and then only after court approval.
(c) Drug/Alcohol and/or Mental Evaluations.
(1) Unless otherwise approved by the court, any evaluation required or presented
to the court for consideration must meet the standards set forth in this rule.
(2) The defendant shall obtain from the court a form setting forth the
court's evaluation standards and a waiver of confidentiality. The defendant
shall sign the waiver of confidentiality form and provide a copy to the court
and to each evaluator to ensure that the court, probation officer and
prosecutor may provide the evaluator with pertinent information and the
evaluator can provide evaluations, progress reports, violation reports and test
results to the court, probation officer and prosecutor.
(3) The evaluator must meet all certification and registration
requirements of the state in which he or she practices. The evaluation process
must comply with all procedures required by the state in which the evaluator
practices. Where the evaluation is intended to support a deferred prosecution
sentencing alternative, or relates to competency, sanity, or sexual deviancy,
it must also comply with any Washington State standards and procedures. In
addition, the evaluator must obtain and consider the following information.
(i) The arrest and criminal history of the defendant;
(ii) The driving record of the defendant.
(iii) The police reports relating to the event underlying the charges;
(iv) Any prior relevant evaluations and treatment history;
(v) Information from at least one reliable collateral contact who has
significant knowledge of the defendant;
(vi) If the evaluation relates to a domestic violence offense, the
evaluator must contact any victim;
(vii) Any additional pertinent information provided by the probation
officer and prosecutor.
(4) Upon receipt of a request from an evaluator for information set forth
in this rule or for other pertinent information, the prosecutor, probation
officer or law enforcement agency may provide such information, provided that a
proper waiver of confidentiality has been filed with the court.
(d) Presentation of Final Documents. If a movant's motion is granted in whole
or in part, the moving party shall be responsible to prepare and present any
written findings, conclusions, and orders necessary as a result of the
decision, unless the court orders otherwise.
LJuCR 1.4.
APPLICABILITY OF OTHER RULES
(a) Criminal Rules. The Superior Court Criminal Rules and Local Criminal Rules
shall apply in juvenile offense proceedings when not inconsistent with these rules and
applicable statutes.
LJuCR 1.6
COURT APPOINTED SPECIAL ADVOCATE PROGRAM
This judicial district has a Court Appointed Special Advocate program. Rules and
details may be obtained from Juvenile Court Services and from the clerk's office.
LJuCR 2.5
AMENDMENT OF SHELTER CARE ORDER
(a) 30-Day Shelter Care Review. If a parent, guardian ad litem, or court-
appointed special advocate wishes to contest placement of a child or any
service ordered at the shelter care hearing, he or she must file and serve on
all parties and counsel a notice of contested issues no later than three (3)
court days before the 30-day shelter care review hearing. The notice of
contested hearing shall be accompanied by written evidence in support of the
issue. Unless good cause is shown, failure to provide timely notice of
contested issues shall constitute a waiver of the right to raise such issues at
the 30-day shelter care review hearing.
LJuCR 3.9
REVIEW HEARING
(a) Department's Written Review Report. A written review report shall be
prepared by the department and shall be filed and served on all counsel and
parties not less than ten (10) days prior to the review hearing.
(b) Notice of Contested Issues. After receipt of the department's report, if
a parent, guardian ad litem, or court-appointed special advocate wishes to
contest any issue, he or she must file serve a notice of contested issues no
later than three (3) court days before the hearing. The notice of contested
hearing shall be accompanied by written evidence in support of the issue.
Unless good cause is shown, failure to provide timely notice of contested
issues shall constitute a waiver of the right to contest any issue, except the
department's permanency plan.
LJuCR 7.3.
DETENTION FACILITIES
(g) Facilities in In San Juan County. The San Juan County Juvenile Court
shall designate appropriate juvenile detention facilities for use; provided,
that the detention area within the San Juan Sheriff's Department building may
be used for detention of juveniles prior to an initial court appearance if no
adult prisoners are housed in the same detention area.
LJuCR 11.3
COURT SHEDULES FOR JUVENILE MATTERS
See LCR 77(r)(3).
LJuCR 11.4.
DUTIES OF CLERKS
(1)(a) Distribution of Funds. [See RCW 9.94A.760(l)]
LJuCR 11.5.
FINANCIAL RESPONSIBILITY
(a) Financial Obligation. Pursuant to the intent and standards set forth in
RCW 13.16.085 and RCW 13.40.145, in any juvenile court proceeding regarding the
detention, disposition or modification regarding a juvenile offender, or in any
at risk youth, CHINS, truancy or dependency proceeding, the court may order the
parent or parents, guardian, or other person legally obligated to support the
juvenile, to pay a reasonable sum for the cost of detention and/or legal
services provided by publicly funded counsel.
(b) Assessment of Costs. The assessment for the cost of detention and
publicly funded counsel should not exceed actual costs to the county. The costs
shall be assessed and ordered paid in a reasonable time unless a sworn
financial statement is presented to the court at said proceeding justifying
reduction or elimination of any such assessment, or there are other
circumstances recognized by the court for reducing or not imposing the assessment.
(c) Notice. It shall be the duty of the Juvenile Court Services and/or the
prosecuting attorney, to notify the parent or parents, guardian, or other
person legally obligated to support the juvenile of this rule prior to said
proceeding and to provide all necessary documents in order for such person to
adequately prepare for said proceeding. Notice shall be provided to the parties
five days in advance of any proceeding to assess costs.
(d) Time. Proceedings to assess costs shall not be held prior to sentencing
or contempt hearing.
(e) Payments Forwarded. Juvenile Court Services, the public defense
department, or the county clerk's office shall receive payments in a manner
appropriate to local and state auditing regulations and shall forward such
payments to the county treasurer.
(f) Sanctions. A show cause hearing with timely notice by Juvenile Court
Services or the prosecuting attorney to the delinquent person or agency may be
held to inquire into the delinquency of the assessment and the sanctions
available under RCW 13.16.085 and RCW 13.40.145.
APPENDIX A. TEMPORARY RESTRAINING ORDER (TMRO), SPR 94.08.1 The contents of this item are only available on-line. APPENDIX B. VERIFIED STATEMENT OF ASSETS AND LIABILITIES, SPR 94.08.1 The contents of this item are only available on-line. APPENDIX C. NOTE FOR TRIAL SETTING, LCR 40 The contents of this item are only available on-line. APPENDIX D. NOTICE OF CONFLICT DATES, LCR 40 The contents of this item are only available on-line. APPENDIX E. STATEMENT OF READINESS FOR TRIAL, LCR 16 The contents of this item are only available on-line. APPENDIX F. ORDER TO SHOW CAUSE RE: PARENTING CLASS, SPR 94.08.2 The contents of this item are only available on-line. APPENDIX G. REQUEST FOR ENTRY OF DECREE AND DECLARATION OF JURISDICTIONAL FACTS, LCR 8 The contents of this item are only available on-line. APPENDIX H. DOMESTIC RELATIONS PRE-TRIAL INFORMATION, LCR 39 The contents of this item are only available on-line. APPENDIX I. SAN JUAN COUNTY SUPERIOR COURT CONDUCT AND DRESS CODE, LCR 81 The contents of this item are only available on-line. APPENDIX J. COURTROOM DECORUM AND PRACTICE GUIDELINES, LCR 87 The contents of this item are only available on-line. APPENDIX K. MINIMUM QUALIFICATIONS FOR SUPERIOR COURT FAMILY LAW MEDIATORS FOR SAN JUAN COUNTY, SPR 94.08.3(H) The contents of this item are only available on-line.
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