Douglas Superior Court

		
		
LR 94.04  MARRIAGE DISSOLUTION ACTIONS


          A.   NON-CONTESTED DISSOLUTION HEARINGS.

               (1)  Hearing.  Non-contested dissolution
cases may be heard on a calendar set by the Superior Court
Judge and Clerk.  The days and times are set forth in LR
77.  Non contested dissolution cases may also be presented
to the Superior Court Judge in Chambers without the
appearance of either party.  For the Superior Court Judge
to sign a non contested Decree of Dissolution, Legal
Separation or other document, the parties must have
executed all documents and have their signatures
notarized, including any Joinder executed by the adverse
party.  The jurisdictional testimony and other testimony
in support of the dissolution must be done in affidavit
form and verified.

               (2)  Note for Non-contested Calendar.  A
notice of hearing on the non-contested calendar must be
filed with the Clerk at least three court days before the
date of hearing.  The Clerk shall not place any case on
the non-contested calendar unless the file shows one of
the following:

               (a)  The opposing party has joined in the
petition for dissolution of marriage and his or her
signature is notarized on the joinder; or

               (b)  The opposing party has waived notice
or has signed a consent to hearing on the date noted; or

               (c)  An order for default has been applied
for or entered.

               The Clerk shall not place any 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 or that the case has been on file
more than ninety (90) days and both parties have submitted
to the jurisdiction of the court.

               (3)  Withdrawal of Consent.  Before a
decree is entered, a party may move to withdraw any
consent or waiver previously given.  Such motion must be
supported by affidavit showing good cause and shall be
noted for hearing on the show cause calendar.

               (4)  Order of Non-contested Calendar.  The
order of the non-contested calendar will be as follows:

               (a)  Matters where attorneys appear;

               (b)  Pro se matters.

               (5)  Entry of Decree.  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.

               (6)  Disposition of Issues in Decree.  No
decree of dissolution shall be entered unless the decree
disposes of all issues over which the court has
jurisdiction relating to disposition of property and
liabilities of the parties and support or maintenance of
either spouse.  For good cause shown, the court may in its
discretion enter a decree of dissolution stating that it
retains jurisdiction to dispose of issues relating to
parenting and child support.

          B.   CONTESTED DISSOLUTIONS.

               (1)  Pretrial Forms.  In all final hearings
or trials in domestic relations matters, each party shall
provide to the judge or commissioner and serve on the
opposing party a written statement as to the issues in
controversy at least three days prior to trial.  The
written statement may be in any form chosen by the
attorney to convey the following:
               (a)  A brief factual summary;
               (b)  Issues in dispute [whether property,
debts or custody];
               (c)  Case law, if it will be argued,
supporting your position;
               (d)  Proposed distribution of assets, debts
and proposed parenting plan and child support amount, if
in dispute;
               (e)  Areas of agreement.

               If one of the parties is seeking
maintenance or child support, both parties shall complete
the financial declaration contained in Form A.

               If the parties are in dispute as to the
distribution of assets and debts, both parties shall
complete Form LC 94.04 Exhibit B.  The pretrial forms
shall not be filed with the Clerk.

               Unless explained otherwise by the parties,
the values shown on the pretrial form for proposed
distribution of assets shall be present cash value of any
pension, retirement, profit sharing or other deferred
benefit or financial security plan; the cash surrender
value of all life insurance policies; the amounts of
accounts receivable, inheritance due, and trust accounts;
the fair market value of all other property including
collections, antiques; and in the case of automobiles, the
average between wholesale and retail blue book values.

               (2)  Enforcement.  If either party fails to
comply with paragraph B(1) set forth above, the trial
judge may order such party or his attorney to pay an
appropriate attorney's fee to the opponent for any
additional work or delay caused by the failure to comply.
If either party fails to comply, the trial date may be
stricken.

               (3)  Continuances.  Stipulations or motions
to continue a case already on the trial calendar must be
in writing, supported by a declaration showing sufficient
grounds for the requested continuance.  The moving party
shall present a written order for entry.

          C.  CHILD CUSTODY OR PARENTING PLAN PROCEEDINGS

               (1)  Parenting Plans.

                    (a)  Proposed, Temporary and Permanent
Parenting plans shall be in the form required by State
law. Proposed temporary parenting plans need not have the
dispute resolution and decision making sections completed.

          D.  DATING AND MAILING OF DECREES AND ORDERS.

               (1)  When any decree or order is filed in a
dissolution matter, the attorney for the party presenting
the order, or the party if the matter is presented pro se,
shall immediately deliver or mail to the opposing party to
the opposing party's last known address, or to opposing
counsel, a true copy of the decree or order with the date
of entry indicated on each copy.  A declaration of mailing
of such true copy shall be filed.

          E.   HEARINGS - SHOW CAUSE - PRELIMINARY AND
TEMPORARY ORDERS.

               (1)       Hearings.  See Local Rule 77.

               (2)       Hearing by Documentary Evidence.
All show cause hearings pertaining to request for
temporary support money and/or attorney's fees shall be
heard and determined by documentary evidence only, unless
the parties request that oral testimony be given and the
court in its discretion agrees.

               (3)       Supporting Worksheet.  A motion
for order to show cause for temporary support shall be
supported by a child support worksheet in the form
prescribed by state law and may also include a financial
declaration in the form designated in Exhibit A attached
to this rule.  No order shall be signed setting a show
cause hearing for temporary support unless the signed
worksheet accompanies the motion.

               (4)       Information Considered
Notwithstanding Non-appearance.  An affidavit or child
support worksheet filed by a non-appearing respondent
shall be considered by the court at the time of hearing on
show cause hearings and upon hearing default dissolutions.

          F.   DISPOSAL OF PROPOSED PARENTING PLAN.

               The Clerk is authorized to remove from the
file and dispose of all proposed parenting plans after the
Permanent Parenting Plan has been entered and the time for
appeal has elapsed.

In request to have law enforcement assist in procuring a
child or individual that petitioner alleges is being held
in violation of a court order, custody decree or other
lawful proceeding shall be done by writ of habeas corpus.

          G.   APPOINTMENT OF OPTIONAL GUARDIAN AD LITEM.

               (1)  Optional Guardian Ad Litem.  In any
domestic relations matter the court may, upon its own
motion, or motion of either party, appoint a guardian ad
litem to represent the interests of any child, or
children, of the parties.  If any decree illegitimizes a
child or may result in a child becoming illegitimate, the
court may require that a guardian ad litem be appointed
for the child.

               (2)  Appointment.  The guardian ad litem
shall be appointed from the court-approved registry for
Title 26 RCW.  Said person shall have such powers, as
granted by the court, to ascertain what is in the best
interests of the child or children, and to take whatever
steps the court deems appropriate to effectuate a result
consistent with the best interest of the child or
children.

               (3)  Duties of Guardian Ad Litem.  The
court may direct the guardian ad litem to report to the
court, either orally or in writing.  The guardian ad litem
has the right to attend and participate at trial or any
other proceeding, and shall be given all other rights
accorded a party, including notice.  The guardian ad litem
may be called as a witness at trial by either party, or
the court.

          H.  MANDATORY INFORMATION PROGRAM FOR PARENTS

     The Douglas County Superior Court finds that it is in
the best interest of any child whose parents or custodians
are involved in specific court proceedings to provide such
parents with an educational workshop concerning the impact
family restructuring has on their child.  The workshop
offers parents tools to help ensure that their child’s
emotional needs will not be overlooked during the legal
processes, to encourage parents to agree on child-related
matters, and to aid in maximizing the use of court time.

               (1)  Types of Proceedings Required.  Each
person named as a party in the following types of
proceedings filed after January 1, 1999 must comply with
Local Rule 94.04H:

          1.   Dissolution of Marriage with child(ren) under 18 years
               old;

               2.   Legal Separation or Declaration of
          Invalidity with
                    child(ren) under 18 years old.

               3.   Petition to establish custody or
          visitation including
                    paternity, and/or

               4.   Post-judgment petition involving custody
          or visitation.


          (2)  Service on Parties.  The Clerk of the court
     shall provide a copy
of this rule (LR 94.04H) to the initiating party for service
upon all parties against whom relief is sought, together
with a statement describing the program including contact
telephone numbers, addresses, statement of costs, and an
explanation of how to request a waiver or deferral of the
program registration fee.

          (3)  Mandatory.  Each party who files an
     appearance in a
proceeding of the types described above in Section (1) shall
complete the program unless exempted by the court.  No final
order approving any residential or parenting plan shall be
entered without proof of completion of such education
program by the parents or legal guardians unless otherwise
ordered by the court.

          (4)  Ninety (90) Day Deadline.  Each party shall
     attend and
complete an approved parenting workshop within ninety (90)
days of filing a proceeding specified in Section (1) above.

          (5)  Exemption.  The Court may exempt one or both
     parties from
completion of the program if, after reviewing the requesting
party’s motion and supporting affidavit, the Court
determines that participation is unnecessary.

          (6)  Approved Program.  The parent education
     program sponsored
by the Washington State University (WSU) Extension Service
is an approved program.  Other programs may be approved by
application to the Court.

          (7)  Proof of Completion.  Upon completion of the
     program, the
workshop provider shall issue a certificate of completion to
each program participant.  The certificate of completion
shall be filed with the Clerk of the Court.

          (8)  Non-Complying Parties – Attorney’s Fees
     Sanctions.  A party
who has completed the program shall have the right to
request entry of an order from the court compelling the non-
complying party’s completion of the program.  Should the non-
complying party fail to complete the program in a timely
manner without good reason, the court shall enter an award
of reasonable attorney fees incurred for obtaining an order
for compliance in favor of the complying party who uses this
option to force the non-complying party into compliance or
other sanctions as set forth below.

          (9)  Other Sanctions.  If upon order of the court
     a non-complying
party continues to refuse participation, the refusal may be
considered by the Court in making its ruling on issues that
are in dispute and/or may be grounds for contempt.

          (10) Fees.  Each party shall pay the fee charged
     by the approved
provider.  The Court shall reduce the fee to fifteen dollars
($15.00) whenever the filing fee has been waived.  The court
may waive the entire fee upon special application to the
Court.


WRIT OF HABEAS CORPUS – POLICIES AND PROCEDURES

 The following forms are adopted by this Local Rule of the
Douglas County Superior Court:

Order to Issue Writ of Habeas Corpus and Warrant in Aid of
Writ
Writ of Habeas Corpus
Warrant in Aid of Writ of Habeas Corpus

The text of the above forms may not be altered.  Obsolete
or altered forms will not be accepted by law enforcement.

 A Habeas Corpus must be commenced by the filing of a
signed and verified Petition.  The Petition must set forth
the information required by RCW 7.36.030.  A mandatory
Petition form has not been adopted.

The Order to Issue Writ must be signed by a Judge/Court
Commissioner and filed with the clerk of the Superior
Court.  Obtain a certified copy of the Order to Issue Writ
at the time of filing, as the certified copy will be
necessary for the Sheriff’s office.  Filing fees, writ
fees and certified copy fees will be payable to the Clerk
of the Court at that time.

On filing the Order to Issue Writ, the Clerk of the
Douglas County Superior Court will issue the Writ of
Habeas Corpus and the Warrant in Aid of Writ of Habeas
Corpus.  The originals will be given to the petitioner’s
attorney.

The following must be provided to the Sheriff’s office:

A certified copy of the Order to Issue Writ
The original Writ of Habeas Corpus
The original Warrant in Aid of Writ of Habeas Corpus
Information Sheet, which contains information regarding
the parties and child(ren)
A copy of the Petition for Writ of Habeas Corpus
A copy of the most recent Order or Decree which grants
petitioner custody
A recent photograph of the child(ren), if available
A recent photograph of respondent, if available
Payment of the base fee for service of the Writ.  Mileage
and additional services fees will be subsequently billed.

A law enforcement interview of the petitioner or
petitioner’s attorney is strongly encouraged in order to
obtain information helpful towards locating the child(ren)
and assuring officer safety.

The petitioner, petitioner’s attorney, family members and
private investigators may not accompany law enforcement
during attempts to execute the Writ.

When a child is recovered, both petitioner and respondent
will be immediately notified by law enforcement.  The child
is then brought immediately before the Superior Court.  A
child will never be directed returned to the petitioner.  If
the Superior Court is not in session, then the child will be
placed in temporary care through DSHS.  Temporary care is
avoided if at all possible and, unless specifically ordered
by the Court, Writs are not served on weekends, holidays, or
after Court hours.