Walla Walla County Superior Court

		
		
                              Walla Walla Local Domestic Relations Rules

                                            WWLDRR 94.04W

     A.  Automatic Mutual Temporary Order.

     1.  Contents. Upon the filing of a summons and petition in any action subject to this rule,
the court, on its own motion, shall automatically issue a mutual temporary order that includes
the following provisions unless specifically otherwise ordered by the court:

     a.  The parties are restrained from transferring, removing, encumbering, concealing, or in
any way disposing of any property except in the usual course of business or for the immediate
necessities of life or as agreed upon in writing by the parties.  Each party shall notify the
other party of any extraordinary expenditure made after the order is issued.

     b.  The parties are restrained from assigning, transferring, borrowing, lapsing, surrendering
or changing entitlements of any insurance policies of either or both parties, whether medical,
health, life or auto insurance, except as agreed in writing by the parties.

     c.  Each party is immediately responsible for any debts he or she incurs after the order is
issued, whether by open account, credit card, loan, security interest or mortgage, except as
agreed in writing by the parties.

     d.  Each party shall have access to all tax, financial, legal and household records and
reasonable access to such records shall not be denied.

     e.  In every action in which children are involved:

     i.  Each parent is restrained from changing the residence of the child(ren) until further
order of the court, except as agreed in writing by the parties.

     ii.  Each parent shall ensure that the child(ren) not be exposed to negative comments about
the other parent.

     2.  Effective Date. The petitioner is subject to the order from the time of its entry upon
filing of the summons and petition.  The petitioner shall serve a copy of the order on the
respondent.  The respondent is subject to the order from the time that it is served. The order
shall remain in effect until further order of the court.

     B.  Mandatory Mediation.

     1.  Applicability. All contested issues in the following cases shall be submitted to
mandatory mediation before proceeding to trial: (a) all family law petitions, including marriage
dissolutions, legal separation, and declarations of invalidity; (b) nonparental child custody
proceedings; (c) paternity child custody proceedings; (d) actions brought by parties to
nonmarital personal relationships involving parenting and/or distribution of assets/liabilities;
and (d) petitions for modification of final orders (excluding child support modifications or
adjustments). No contested matter described above shall be set for trial without proof of
commencement of mediation proceedings. Mediation shall be completed no less than 30 days prior
to the scheduled trial date. The mediation requirement or time limits may be waived or modified
by the court upon motion for good cause shown or upon the court's own motion. The parties shall
mediate in good faith.

     2.  Effect during mediation. Mediation shall 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.

     3.  Selection of mediator. The parties may select a mediator by agreement. If the parties
cannot agree on the method of selection of the mediator, upon motion the court shall select a
mediator. A mediator shall have the right to decline to serve in a particular case.

     4.  Authority. The mediator shall have authority to determine the time, place, manner, and
duration of mediation. The mediator shall have the authority in his or her discretion to
terminate the mediation prior to completion, as appropriate.

     5.  Attendance. 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.

     6.  Declaration of Completion. Within seven (7) days of completion of mediation, a
declaration of completion shall be filed with the court by the mediator. The court shall be
advised by the mediator 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. All agreements
reached at mediation shall be reduced to writing and signed by the parties.

     7.  Payment. 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.

     8.  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 except as to the issue of good faith.

     9.  Responsibility for compliance with mediation requirements. The parties shall be
responsible for arranging for and completing all mediation requirements established under this
rule.

     C.  Professional Evaluations.

     The court may for good cause order a custody or parenting evaluation, mental health
evaluation, alcohol or drug evaluation, treatment, counseling, and/or physical examination. The
court will determine the need for appointment of professionals and direct either or both parties
to pay for services deemed necessary. The issue of costs shall be addressed in the order requiring
said services and shall contain an hourly rate and maximum payment if costs are to be at public
expense.

     D.  Business Valuations.

     If the value of the community interest in a business or professional practice is in dispute,
the court may appoint an appraiser to report to the court and the parties on the value of the
business or professional practice.  The parties may agree upon an appraiser to be appointed by the
court.  If the parties are unable to agree, each party shall, at the status conference, designate
a valuation expert, and the two experts so designated shall, within ten (10) days following the
status conference, together recommend to the court a valuation expert to be appointed as an
appraiser by the court. Alternatively, each party may retain his or her own appraiser.

     E.  Pretrial Conferences.

     1.  When Required. A pretrial conference shall be held in all contested domestic relations
cases.  The purpose of the conference is to explore and identify disputed issues.  Attendance by
all counsel and parties is mandatory.  Failure to appear at the pretrial conference, without prior
permission of the court, shall constitute an act of default.  The present party may move for
default pursuant to CR 55.  Failure to appear in accordance with the rule may result in sanctions
on the party failing to appear.

     2.  Discovery; Filing Position Statements.  All discovery shall be completed ten (10) days
prior to the pretrial conference.  Each party shall prepare his or her position statement and
mail or deliver the same to respondent and the court seven (7) days prior to the pretrial
conference. If either party fails to comply, the judge may impose terms on the offending party or
the party's attorney, and require that the other party's reasonable attorney's fees be paid for
any additional work or delay caused by the failure to comply.

     3.  Position Statements:

     a.  Form.  Each party is required to prepare a Position Statement for the court's use at the
pretrial conference. The position statement will indicate the proposed disposition of assets and
liabilities, as well as proposed maintenance and residential placement of children, as applicable.
The position statement shall not be used for any purpose at trial, unless otherwise agreed by the
parties.

     b.  Asset/Liability List. If distribution of assets or liabilities is an issue, each party
shall file and serve a list of assets and liabilities known to the party, together with the
position statement, and shall indicate the party's good faith opinion as to the fair market
value of any asset as of the date of separation. The parties may also indicate the current fair
market value if there is a significant difference. This list shall be signed by the party under
penalty of perjury. This list may be used at trial, subject to the rules of evidence or agreement
of the parties.

     c.  Needs/Abilities Statement. If spousal maintenance or attorney's fees is at issue, each
party shall file and serve a statement containing a list of all income and assets, including any
retirement benefits, together with a list of current monthly living expenses. The information
regarding liabilities shall indicate the total amount owed as of the date of separation, the
amount the party has paid on the debts since the separation, and the monthly payment on the debt.
The statement shall also include information concerning the needs and abilities of the party,
including age, education, training, work experience, and mental and physical health. This
statement of assets, liabilities, needs, and abilities shall be signed by the party under penalty
of perjury. This statement may be used at trial subject to the Rules of Evidence or agreement of
the parties.

     d.  Exhibits. At the time of the conference or before, all exhibits intended to be used at
trial will be disclosed and a copy provided to the opposing party.

     e.  Automatic Discovery -- Required Documents. The parties are required to file and
exchange as appropriate the following documents no later than 10 days prior to the pretrial
conference:

     (i)  Support Worksheet. If child support is an issue, Washington State Child Support
Worksheets (all pages), signed by the submitting party;

     (ii)  Tax Returns. Complete tax returns for the past two calendar years together with all
schedules and W-2's;

     (iii)  Partnership and Corporate Tax Returns. Complete partnership and/or corporate tax
returns for the past 2 years together with all schedules and attachments for all partnerships and
corporations in which a party has had an interest of 5% or greater;

     (iv)  Pay Stubs. All pay stubs showing income for the past 6 months or since January 1 of
the calendar year, whichever period is greater;

     (v)  Debts. A copy of the most recent statements of balances due on mortgages, real estate
purchase contracts, deeds of trust, installment purchase contracts, credit cards and other time
payment accounts owed by or to the parties;

     (vi)  Pension Plans. The most recent employers' ERISA statement and a statement of
contributions since that statement, of any pension plan of either party;

     (vii)  Personal Property Appraisals. A written appraisal of any real estate, antiques,
jewelry or other items of special, unusual or extraordinary value or a summary of the evidence
which will be relied upon;

     (viii)  Vehicles. A verified extract or copy of the most recent N.A.D.A. Official Used Car
Guide or other appraisal guide showing both average loan or wholesale and retail values for any
automobiles;

     (ix)  Tracing. A summary of the source and tracing of any property asserted to be the
separate property or obligation of either party;

     (x)  Life Insurance. A statement from each life insurance company issuing a policy of
insurance on the life of either party as to its cash value and any loans on the cash value;

     (xi)  Business Appraisals. A written appraisal of any proprietorship, partnership, or
closely held corporation of the parties, or a summary of the evidence which will be relied upon;

     (xii)  Experts. Expert witnesses shall be disclosed at or before the pretrial conference to
the extent required by CR 26.

     F.  Entry of Decree.

     1.  Non-contested Calendar.  The clerk shall not place any dissolution case on the non-
contested calendar unless proof is filed that summons was served more than ninety (90) days
before the date selected for hearing and that the case has been on file more than ninety (90)
days.

     2.  Time of Presenting Documents for Signature.  At the time of hearing of a non-contested
dissolution case, the necessary documents to be signed must be presented to the court for
signature.  If signed, they shall be filed with the clerk forthwith.  For good cause shown, the
Court may extend the time for presentation.

     3.  Disposition of Issues.  No decree of dissolution shall be entered unless the decree
disposes of all issues over which the Court has jurisdiction.

     4.  Copy of Decree to be Delivered.  In default dissolution cases, at the time of filing the
decree, the attorney whose decree was entered shall immediately deliver to his or her client and
deliver to or mail to the other party, at his or her address, if known, or to his or her attorney,
a conformed copy of the decree with the date of filing the original indicated on each copy so
delivered or mailed.  The decree shall be filed forthwith upon granting the dissolution.

     G.  Orders Pendente Lite.

     Ex parte orders in domestic relations matters which restrain one party from the family home
or from contact with the other party or children shall not be entered unless the court finds (and
the order provides) that irreparable injury could result if the order is not entered.  No ex
parte orders shall be issued changing the custody of minor children without a clear showing of
present danger to a child (children) and/or that the custodial person will, unless custody change
is immediate, remove the said child (children) from the State of Washington.  The attorney
presenting the order shall specifically advise the court that the order presented contains such
a provision.
	
     H.  Mandatory Parenting Seminars.

     1.  Applicable Cases.  This rule shall apply to all cases which require a parenting plan or
residential plan for minor children; including dissolutions, legal separations, major
modifications, paternity actions in which paternity has been established, and non-parental
custody actions.

     2.  Mandatory Attendance.  In all cases governed by this rule, all parties shall complete a
parenting seminar approved by the court.  Standards for parenting seminars shall be established
by the court and providers approved by the court.

     3.  Timing.  Parties required by this rule to participate in a parenting seminar shall
complete an approved parenting seminar within sixty (60) days of service of a petition or motion
initiating the action which is subject to this rule.  In the case of paternity actions initiated
by the prosecuting attorney's office, the parenting seminar shall be required only when paternity
is established or acknowledged and a parenting plan is requested.  The class will be completed
prior to entry of a permanent parenting or residential plan.

     4.  Special Considerations/Waiver.  In no case shall opposing parties be required to attend
a seminar together. If the court determines that attendance at a seminar is not in the children's
best interest, pursuant to Chapter 26.12 RCW, the court may:

     a.  waive the requirement of completion of the seminar; or

     b.  allow participation in an alternative parenting seminar if available; or

     c.  extend the time required for attendance at a seminar for good cause shown.

     5.  Failure to Comply.  Willful refusal to participate in a parenting seminar or willful
delay in completion of a court ordered parenting seminar by any party will constitute contempt of
court and 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 this
rule.

     6.  Standards.  Standards for parenting seminars may be established by the court, but in any
event all providers shall be approved by the court.

     I.  Alternate Residential Time Guidelines [formerly Local Rule 18]

     1.  Alternate Residential Time. In order to facilitate reasonable resolution of visitation
issues, the parties should consider the following guidelines which the court would be inclined to
accept as reasonable in most cases, based on the child's age and the geographical location of the
parents:

     0 to 6 months: Two hours, twice per week.

     6 months to 1 year: Two hours, twice per week; and four hours, once per week.

     1 year to 3 years: Two hours, twice per week; and eight hours, once per week. These holidays
alternate each year, for 8 hours each: Easter, July 4th, Thanksgiving, Christmas Eve, and
Christmas Day. Overnight residential time is not usually recommended.

     3 years to 5 years: Two hours, twice per week. Alternating weekends from Saturday at 9:00
AM until Sunday at 6:00 PM. These holidays alternate each year: Easter, July 4th, Thanksgiving
for 2 days; Christmas Eve and 2 days before and Christmas Day and 2 days thereafter. Summer
residential time: Two non-consecutive one-week periods.

     5 years and older: Every other weekend from Friday at 6:00 PM until Sunday at 6:00 PM. If
Friday is a school holiday, the weekend begins Thursday at 6:00 PM. If Monday is a school
holiday, the weekend ends Monday at 6:00 PM. One weekday from 5:30 PM until 7:30 PM, once
per week. These holidays alternate each year: Martin Luther King Day, Presidents' Day,
Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving (from 6:00 PM the Wednesday
before Thanksgiving day to 6:00 PM (the Sunday immediately following the holiday) and Winter
Holidays (on even years from 6:00 PM on the day school recesses to December 24th at 8:00 PM,
and on odd years, from 8:00 PM on December 24th to 6:00 PM the day before school
commences).
	
     Summer and Spring Vacation residential time: Five weeks during the summer, commencing
one week after school is out in even-numbered years and commencing 6 weeks before the start of
school in odd-numbered years (during which times the residential parent shall have residential
time with the child on an alternating weekend basis as set forth above, except during extended
trips/vacations). Spring break shall be alternated each year, commencing at 6:00 PM on the day
before the vacation begins and ending at 6:00 PM on the day before school starts.

     2.  Father's/Mother's Day. Regardless of the residential time suggested above, the mother
shall have residential time of at least 4 hours on Mother's Day; and the father shall have
residential time of at least 4 hours on Father's Day.

     3.  Birthdays. Each parent shall be allowed to spend at least 4 hours with the child to
celebrate the child's birthday, and that parent's birthday, within 2 days of that birthday.

     4.  Telephone Contact. Reasonable telephonic and other contact by electronic means
including text messaging, emailing, Skype or Facetime, Facebook and/or other means of social
networking is usually appropriate, and should not be less than once per week for each parent
during that parent's non-residential time.

     5.  Different Age Groups. When children of different age groups are involved, the preference
shall be to follow the guideline for the oldest child, so that the children remain together.

     6.  Cancellation. For weekend visits, the primary parent shall have the child available for
one hour after the scheduled starting time. If the other parent does not pick up the child within
that hour, then the weekend visit shall be deemed canceled.

     7.  Priorities Under the Residential Schedule. Holidays have priority over other special
occasions. Special occasions have priority over school vacations.

     8.  Parental Cooperation. These provisions are designed to encourage each parent to maintain
a loving, stable, and nurturing relationship with the child. Each parent shall encourage the
parent/child relationship of the other parent, and shall make residential arrangement decisions
which are in the best interest of the child.

     J.  Pro Se Parenting Plans/Child Support Orders.

     In any action in which child support or residential care of a minor child or children is an
issue and in which none of the parties is represented by counsel, the parenting plan and child
support documents shall first be reviewed, approved, and initiated by the Court Facilitator. If a
proposed parenting plan is filed, it need not be initialed or approved by the Court Facilitator,
but any parenting plan submitted for court approval must be so initialed and approved.

     If the parenting plan or child support order is the result of mediation, the mediator shall
affix a declaration to the parenting plan or child support order submitted for court approval,
signed under penalty of perjury, that the parenting plan/child support order is the result of
mediation, the date that such mediation occurred, and the name of the mediator or and/or
mediation service.


[Adopted January 1, 1999; amended effective September 1, 2016]