Benton/Franklin Superior Court

		
		
                                                   Local Civil Rule 4
                                                   CIVIL CASE SCHEDULE


     (a)  Case schedule.  Except as otherwise provided in these rules or ordered by the Court, when an initial pleading
is filed and a new case file is opened, the Court Administrator or Superior Court Clerk will prepare and file a
scheduling order (referred to in these rules as a "Case Schedule") and will provide one copy to the party filing the
initial pleading.

     (b)  Effective Date.  This rule shall apply to all cases filed on or after January 1, 2001 except as provided below.

     (c)  Cases Not Governed by a Civil Case Schedule.  Unless otherwise ordered by the Court, the following cases will
not be issued a Case Schedule on filing:

     (1)  Change of name;

     (2)  Proceedings under RCW title 26.

     (3)  Paternity

     (4)  Harassment (RCW chapter 10.14);

     (5)  Proceedings under RCW title 13;

     (6)  Unlawful detainer;

     (7)  Foreign judgment;

     (8)  Abstract or transcript of judgment;

     (9)  Petition for Writ of Habeas Corpus, Mandamus, Restitution, or Review, or any other Writ;

     (10) Civil commitment;

     (11) Proceedings under RCW chapter 10.77;

     (12) Proceedings under RCW chapter 70.96A;

     (13) Proceedings for isolation and quarantine;

     (14) Injunction;

     (15) Guardianship/Petitions under TEDRA;

     (16) Probate;

     (17) Proceedings under RCW chapter 36.70C;

     (18) Tax Warrants;

     (19) Emancipation of Minor;

     (20) Defacto Parenting;

     (21) Minor Settlements;

     (22) Condemnations;

     (23) Petitions for Transfers of Structured Settlements under RCW 19.205;

     (24) Tax Foreclosures; and

     (25) Actions brought under the Public Records Act, RCW Chapter 42.56.
	
     (d)  Service of Case Schedule on Other Parties.

     (1)  The party filing the initial pleading shall promptly provide a copy of the Case Schedule to all other parties
by (a) serving a copy of the Case Schedule on the other parties along with the initial pleading, or (b) serving the
Case Schedule on the other parties within 10 days after the later filing of the initial pleading or service of any
response to the initial pleading, whether that response is a notice of appearance, an answer, or a CR 12 motion.

     (2)  A party who joins an additional party in an action shall serve the additional party with the current Case
Schedule together with the first pleading served on the additional party.

     (e)  Amendment of Case Schedule.  The Court, on motion of a party, on stipulation of all parties, on its own
initiative, or at a Status Conference may modify the Case Schedule for good cause.  The Court shall freely grant a
motion to amend the case schedule when justice so requires.  The motion of a party or the stipulation of all parties,
shall include a proposed Amended Case Schedule, shall only be made after the moving party or parties have conferred
with, and obtained approval from, the Civil Case Manager for the proposed modification of the Case Schedule, and shall
include the following language: "The Civil Case Manager has been contacted and has approved the proposed modification
of the Case Schedule."  Motions or stipulations presented without this language shall be denied.  Parties may not amend
a Case Schedule by stipulation without approval of the Court.  If a Case Schedule is modified on the Court's own motion,
the Civil Case Manager in the Court Administrator's office will prepare and file the Amended Case Schedule and promptly
mail it to all parties.  If a trial is continued after the Pretrial Management Conference, the Civil Case Manager in the
Court Administrator's office will, as soon as practicable, schedule and promptly send notice to all parties of a
mandatory Status Conference for the purpose of scheduling a new trial and the development of a new Case Schedule Order.

     (f)  Form of Case Schedule.

     (1)  Case Schedule.  A Case Schedule for each type of case, which will set the time period between filing and trial
and the scheduled events and deadlines for that type of case, will be established by the Court by General Order, based
upon relevant factors, including statutory priorities, resources available to the Court, case filings, and the interests
of justice.

     (2)  Form. A Case Schedule will be in generally the following form:

                     SUPERIOR COURT OF THE STATE OF WASHINGTON
                      IN AND FOR BENTON AND FRANKLIN COUNTIES
		
                                        )	
                                        )  Case No.
                          Plaintiff(s)  )	
                                        )       CIVIL CASE SCHEDULE ORDER
                                    V.	)                (ORSCS)
                                        )	
                                        )	
__________________________Defendant(s)  )	
		
                                  I. SCHEDULE
                                                                        DUE DATE
1.      Cancellation / Confirmation of Status Conference ..............	3 Months
2.      Status Conference ............................................. 4 Months
3.      Plaintiff's Disclosure of Lay and Expert Witnesses ............ 4 Months
4.      Defendant's Disclosure of Lay and Expert Witnesses ............ 6 Months
5.      Last Date for Filing Statement of Arbitrability ............... 6 ½Months
6.      Disclosure of Plaintiff's Rebuttal Witnesses .................. 6 ½ Months
7.      Disclosure of Defendant's Rebuttal Witnesses .................. 7 Months
8.      Discovery Completed ........................................... 9 ½ Months
9.      Last Date for Filing Jury Demand .............................. 10 Months
10.     Settlement Position Statements filed by all parties ........... 10 Months
11.     Last Date for Hearing Dispositive Pretrial Motions ............ 10 ½ Months
12.     Settlement Conference ......................................... 11 Months
13.     Last Date for Filing and Serving Trial Management Report ...... 11 ½ Months
14.     Pretrial Management Conference ................................ 11 ½ Months
15.     Trial Memoranda and Motions in Limine to be filed ............. 2 Weeks to Trial
16.     Trial Date and Motions in Limine .............................. 12 Months

                                  II. ORDER
		
IT IS ORDERED that all parties comply with the foregoing schedule.
		
     DATED this ______________ day of ____________________, _______________


                                                       ______________________________
                                                                   Judge
		
NOTICE TO PLAINTIFF:
The plaintiff may serve a copy of the Case Schedule Order on the defendant(s) along with the summons and complaint.
Otherwise, the plaintiff shall serve the Case Schedule Order on the defendant(s) within ten (10) days after the latter
of: (1) the filing of the summons and complaint or (2) service of the defendant's first response to the complaint,
whether that response is a Notice of Appearance, an Answer, or a CR 12 Motion.

NOTICE TO BOTH PARTIES:
For Stipulated continuances of the trial date, parties and/or counsel must comply with LCR 40(c) to include that:
Stipulated Orders Continuing Trial must be: (1) pre-approved by the Civil Case Manager and (2) state that the Civil Case
Manager has approved the continuance.  An extra copy of the proposed order continuing trial must be provided to the
Civil Case Manager at the time pre-approval is requested.

     (g)  Monitoring.  At such times as, the Presiding Judge may direct, the Court Administrator will monitor cases to
determine compliance with these rules.

     (h)  Witness Disclosure; Enforcement; Sanctions.

     (1)  Disclosure of Possible Lay and Expert Witnesses.

     (A)  Disclosure of Primary Witnesses.  Each party shall, no later than the date for disclosure designated in the
Case Schedule, disclose all persons with relevant factual or expert knowledge whom the party believes are reasonably
likely to be called at trial.

     (B)  Disclosure of Rebuttal Witnesses.  Each party shall, no later than the date for disclosure designated in the
Case Schedule, disclose all persons whose knowledge did not appear relevant until the primary witnesses were disclosed
and whom the party reserves the option to call as witnesses at trial.

     (C)  Scope of disclosure.  Disclosure of witnesses under this rule shall include the following information:

     i.   All witnesses.  Name, address, and phone number.

     ii.  Lay witnesses.  A brief description of the anticipated subject matter of the witness'
testimony.

     iii. Experts.  A summary of the expert's opinions and the basis therefor and a brief description of the expert's
qualifications.

     (D)  Exclusion of Testimony.  Any person not disclosed in compliance with this rule may not be called to testify at
trial, unless the Court orders otherwise for good cause and subject to such conditions as justice requires, including
the payment of terms.

     (E)  Discovery Not Limited.  This rule does not modify a party's responsibility under court rules to respond to or
seasonably supplement responses to discovery or otherwise to comply with discovery before the deadlines set by this rule.

     (2)  If the Court finds that an attorney or party has failed to comply with the Case Schedule, failed to provide
all of the information required in witness disclosures or disclosed witnesses that are not reasonably likely to be
called at trial or has failed to disclose witnesses and has no reasonable excuse, the Court may order the attorney or
party to pay monetary sanctions to the Court, or terms to any other party who has incurred expense as a result of the
failure to comply, or both; in addition, the Court may impose such other sanctions as justice requires.

     (3)  As used with respect to the Case Schedule, "terms" means costs, attorney fees, and other expenses incurred or
to be incurred as a result of the failure to comply; the term "monetary sanctions" means a financial penalty payable to
the Court; the term "other sanctions" includes but is not limited to the exclusion of evidence.

     (4)  Except for good cause shown, trials in all civil cases subject to LCR 4 shall trail for one day.  That is,
trials of cases in Benton County will be called on Mondays, but the parties must be prepared to begin trial on the next
day (Tuesday).  Similarly, trials of case in Franklin County will be called on Wednesdays, but the parties must be
prepared to begin trial on the next day (Thursday).

[Adopted Effective September 1, 2000; Amended September 1, 2001; September 1, 2003; September 1, 2004; September 1, 2005;
September 1, 2006; September 1, 2007; September 1, 2009; September 1, 2010; September 1, 2011; September 1, 2013;
September 2, 2014; September 1, 2015; September 1, 2016; September 1, 2017; September 1, 2018.]