Benton/Franklin Superior Court

		
		
                                                 Local Civil Rule 5
                                   BRIEFS, PROPOSED ORDERS, AND ELECTRONIC SERVICE

     (a)  Electronic Service.  The Court and Clerk may transmit to all attorneys orders, notices and other documents
electronically, via e-mail or other process.  Unless an attorney provides a different e-mail address, the Court and
Clerk will send documents to the electronic mailbox address shown on the Washington State Bar Association online
Attorney Directory.  The Court or Clerk may electronically transmit notices, orders, or other documents to a party who
has filed electronically or has agreed to accept electronic documents from the Court, and has provided the Clerk the
address of the party's electronic mailbox.  It is the responsibility of all attorneys and the filing or agreeing party
to maintain an electronic mailbox sufficient to receive electronic transmissions of notices, orders, and other
documents.  Parties are reminded that, pursuant to CR5(b)(7), a party may serve pleadings electronically on another
party only with the consent of the other party.  An optional form Agreement to Accept Electronic Notification is
available on the Court's website.

     (b)  Briefs.  All motions, brief, declarations, affidavits, and other supporting written documentation pertaining
to trials, summary judgments motions, lower court appeals and appeals from decisions of administrative agencies (except
the record transferred by the agency) and any other motions, and other documents submitted for hearings, such as trial
management reports, proposed findings of fact and conclusions of law and judgments, motions and sentencing position
statements in criminal matters, and guardian ad litem reports (including criminal and domestic relations), shall be
served and filed in the cause.

     (c)  Bench Copies.  Unless a party does not have access to a computer or the internet, bench copies of all such
documents, as well as settlement positions statement in civil and domestic cases, shall be submitted electronically via
the internet at http://www.benton-franklinsuperiorcourt.com/submit-bench-copies/ or http://motion.co.franklin.wa.us/.
Parties without access to a computer and the internet shall deliver bench copies to the Court Administrator at the
Benton County Justice Center.  Except for motions for summary judgment and over-ten motions, all bench copies must be
submitted not later than noon one court day prior to the scheduled hearing, proceeding or trial.  Bench copies for
motions for summary judgment and over-ten motions shall be submitted no later than the time and date for confirming the
motion under LCR 56(c)(2)(B).  No bench copies, except settlement position statements and "Read First" pleadings
required under LCR 94.07W, shall be submitted to the Court unless a copy has been served upon or mailed to opposing
counsel or party if unrepresented if they are entitled to notice by law.  Settlement position statements should be
uploaded under seal.

     Bench copies submitted electronically are deleted from the system forty-five days after the associated hearing.
Bench copies submitted on paper are destroyed five (5) court days after the associated hearing unless counsel requests
copies be returned, with return postage arranged, or unless Court Administration is advised of the new hearing date.
When hearings are continued, the parties shall amend the hearing date associated with all bench copies submitted
electronically.

     If a party fails to submit bench copies as set forth above the Court may continue the hearing, impose terms and
enter other orders as may be appropriate.  Bench copies of the following documents should not be electronically
submitted:  Notices of hearings, notes for dockets, transmittal letters, proposed statements of defendant on plea of
guilty, proposed judgments and sentences and proofs of service (unless service is at issue), and briefs and supporting
materials in uncontested summary judgment motions in state paternity cases need not be submitted.

     (d)  Proposed Orders.  The moving party and any party opposing the motion shall prepare a proposed order.
Electronic copies shall be submitted under paragraph (c), above.  The proposed order, labeled as such, shall be filed
with the clerk and an original order shall be presented at the hearing.

[Adopted effective April 1, 1986; Amended effective September 1, 2000; September 1, 2001; September 1, 2002;
September 1, 2003; September 1, 2005; September 1, 2007; September 1, 2009; September 1, 2011; September 1, 2012;
September 2, 2014; September 1, 2015; September 1, 2016; September 1, 2017, September 1, 2018.]