Ferry/Pend Oreille/Stevens

		
		
                          LCR  16.
         PRETRIAL PROCEDURES AND FORMULATING ISSUES


  (a)  Hearing Matters Considered.  Upon the motion of a party
     or the court’s own initiative, the presiding judge or, in
     the case of a preassigned case, the judge so designated will
     decide whether any civil case would benefit from a pretrial
     scheduling conference.

  (b)  Pretrial Order.  The conference procedures and form of
     the pretrial order shall be determined by the judge to whom
     the matter is assigned.

  (c)  Settlement Conference.  Upon the motion of a party or
     the court’s own initiative, the presiding judge or
     designated judge may order private mediation or a mandatory
     settlement conference with respect to any civil case.

       Any settlement conference ordered will be held
       before a designated settlement judge at least thirty
       (30) days before the scheduled trial date.  At least
       five (5) court days before the settlement conference
       each party shall supply a confidential position
       statement to the settlement judge. The statement
       shall include:

       (1)  A general factual summary of the case;
       (2)  Disputed and admitted facts;
       (3)  A statement of legal issues, together with authorities;
            and
       (4)  A general position statement.
       (5)  In domestic relations cases, the party’s position, in
            precise terms, concerning issues of:
          (a)  property,
          (b)  debts,
          (c)  maintenance,
          (d)  child support,
          (e)  parenting plan, and
          (f)  any other matters requiring resolution.

     The attorneys who will be in charge of each party’s
     case shall attend the settlement conference personally
     and shall come prepared to discuss in detail and in
     good faith the issues of fact and law remaining, the
     evidence pertaining to liability and damages, or, in a
     domestic relations case, the various categories of
     issues subject to the court’s jurisdiction, and the
     respective positions of the various parties on
     settlement.  The attorneys shall be accompanied by
     their clients or representatives possessing authority
     to settle unless such clients or representatives are
     available by telephone or are otherwise excused by the
     judge, or unless the attorney himself or herself has
     full authority with respect to settlement.

     The proceedings of the settlement conference shall be
     privileged and not recorded.  If a settlement is not
     reached the settlement judge shall not make any order
     or preside at the trial on the merits without consent
     of all parties.

  (d) Pre-assignment to a Particular Judge.  Upon written
     application of any party with notice to the other
     parties, or on the court’s own motion, the presiding
     judge may preassign cases involving complex issues
     and/or extensive pretrial procedures to a particular
     judge for pretrial procedures and trial.  The burden of
     establishing the need for pre-assignment shall be on
     the party or parties requesting the same.  Pretrial
     conferences and hearings and trial scheduling shall be
     arranged directly with the preassigned judge and the
     court administrator.

  (e) Methods.
       Summary Judgment.  See LCR 56.

          Filing of Motions, Memoranda and Affidavits—General.
          See LCR 6(d)  for times for filing motions,
          responses and replies.  The moving party shall
          file with the Note for Hearing – Issue of Law
          form the following:  The motion being noted, all
          supporting affidavits and documentary evidence,
          and a brief or memorandum of authorities, unless
          the legal position is fully and adequately stated
          in the motion or issue of law form.

          Copies of Briefs or Memoranda.  A copy of the brief
          or memorandum and supporting affidavits shall be
          furnished to the assigned judge at the time of
          filing. The judge’s working copies, with a
          notation thereon as to the date and time of
          hearing on the motion, shall be delivered or
          mailed to the judge at 215 South Oak Street,
          #209, Colville, WA  99114, regardless of in which
          county the motion is being filed.  Working copies
          of responsive materials should likewise note the
          date of hearing and be delivered or mailed to
          judge hearing the matter at the above address.
          Failure to comply with these requirements may
          result in a continuance and/or imposition of terms.

       (4)  Affidavits or Declarations.  All affidavits or
          declarations shall be sworn or affirmed under
          penalty of perjury, made on personal knowledge,
          set forth such facts as would be admissible in
          evidence, and show affirmatively that the affiant
          or declarant is competent to testify to the
          matters stated therein.

       (5)  Motion Calendar Hearing Procedures.  The Law
          and Motion calendar will commence at times
          designated in the respective county’s court
          calendar as distributed by the court administrator
          and County Clerk’s offices.  Matters shall be
          noted for the particular time designated in the
          court calendar.  Agreed orders and defaults will
          be heard at the beginning of the docket. Motions
          other than summary judgment shall be limited to
          ten (10) minutes each side.  Motions which will
          exceed the time limit of this rule, if allowed by
          the motion judge, will ordinarily be placed at the
          end of the motion docket.

  (f)  Change of Judge.  In the event that a motion is
     scheduled for hearing before a judge on a specified day
     and an affidavit of prejudice is filed against that
     judge, the scheduled motion will be transferred for
     hearing by the court administrator to another judge or
     court commissioner; provided, however, motions for
     summary judgment and any other motion which would be
     dispositive of a claim of any party shall be heard only
     by a judge, except as otherwise authorized under Rule
     0.6.

[Adopted September 1, 1991; amended effective September 1, 2004.]