Lewis County Superior Court


		
		
                                   LMSCR 1.
                  SETTLEMENT CONFERENCES IN FAMILY LAW CASES


    (A)  Requirement.  Unless otherwise ordered by the Court, all family law cases,
including those brought pursuant to RCW 26.09, 26.10, 26.26 or 26.60, in which
the parties are not in agreement as to the terms of any parenting plan, order
for placement of or visitation with a child, the determination of child support
as part of a parenting plan or order for placement of or visitation with a
child, the division of property, division of debts and liabilities, or a claim
by any party for post decree maintenance or spousal support, shall, prior to
being assigned a trial date, be set for a settlement conference.  Prior to
setting for a settlement conference, the case shall be "at issue," with all
interested parties having filed answers or responses.  Upon filing a notice for
a settlement conference, the Court Administrator shall assign the soonest
available date.

    (B)  Scheduling.

    (1)  To obtain a date for a settlement conference, the moving party must file a
notice of issue for a settlement conference and certify that the respondent and
all other interested parties have filed responses to the petition or complaint,
that mediation as required has been attended or waived by the court, and note
the matter on the Court Administrator's assignment calendar.  The notice of
issue must be filed and served at least seven (7) court days prior to the date
scheduled for the assignment to be made.

    (2)  All interested parties or their counsel shall attend the assignment
meeting with the Court Administrator, and shall provide a list of unavailable
dates.  Once a date for settlement conference has been assigned, the date may
be changed or continued only by the court for good cause shown.

    (C)  Attendance and Preparation Required.  All parties and their counsel shall
personally attend the settlement conference unless other arrangements have been
made with the court in advance of the settlement conference date.  At the
settlement conference, all parties shall make a good faith effort to fully
discuss and settle all unresolved issues in dispute and negotiate in good
faith.  Failure to do so shall be grounds for imposition of terms.

    (D)  Settlement Conference Statement.  The parties or their counsel shall
deliver to the court and any opposing parties a settlement conference statement
no later than fourteen (14) days prior to the settlement conference date.  The
settlement conference statement shall be in such form as required by the court
and shall be available from the Court Administrator in electronic format or
hard copy.  Every party shall attach to the settlement conference statement or
include with it the following information in hard copy:

    (1)  Complete individual (or joint) tax returns for the past two calendar years
with all schedules, IRS form 1099's, W-2's, and similar statements of income.

    (2)  Complete partnership and/or corporate tax returns for the past two years,
including all schedules and attachments for any entity by whom any of the
parties may be employed as an officer or director, be a member of or in which
any party has an interest of 5% or more of the capital stock.

    (3)  All pay stubs for the past six months or since January 1 or the current
calendar year, whichever period is longer.

    (4)  Copies of the most recent statement and copies of the statements current
as of the date of separation of balances due upon any mortgages, real estate
purchase or sale contracts, deeds of trust and the underlying obligation
secured by them, installment purchases contracts, time payment agreements or
accounts, credit card accounts and all other debt owed by or to the parties.

    (5)  The most recent employers' ERISA or other retirement statement, together
with a statement of contributions since the date of that statement of any
pension or retirement plan of any party, the most recent statement together
with a list of contributions since the date of that statement for any IRA, SEP,
deferred compensation account or other defined contribution "retirement" account.

    (6)  A written appraisal or its equivalent for any and all real property and
all personal property of special, unusual or extraordinary value, or a detailed
summary of the evidence to be relied upon as to the value of such items.  The
parties may stipulate to a comparative market analysis for any real estate,
provided there is no disagreement as to the value of the real property.

    (7)  The most recent NADA Official Used Car Guide or other similar vehicle
appraisal guide showing both average loan or wholesale and retail values for
any automobiles.

    (8)  A summary of the source and tracing of any property asserted or claimed to
be the separate property of any party.

    (9)  A statement from each life insurance company issuing a policy of the
insurance on the life of any party showing the case surrender value of the
policy and any outstanding loans against its cash value.

    (10) A written appraisal or business evaluation of any proprietorship,
partnership or closely held corporation of any party, or a summary of the
evidence to be relied upon as to value of the same.

    (11) A list of expert witnesses to be called at trial, a summary of their
qualifications or C.V. as well as a summary of their anticipated testimony.

    (12) Any other documents which any party believes to be relevant or material to
the issues remaining in dispute between the parties, together with a written
explanation of the relevance and materiality of the documents.

    (13) If the issues in dispute concern a parenting plan or order of placement of
or for visitation with any child, a copy of a proposed parenting plan or order
for such placement or visitation.

    (E)  Sanctions for noncompliance.  Failure of any party to comply with the
settlement conference rules described above may result in the imposition of
sanctions in the sum of not more than $500.00 upon the non-complying party.

    (F)  Other issues and Documents.  If child support is an issue of a dispute
pertaining to a parenting plan, order of placement or visitation for a child,
proposed child support worksheets in the form required, together with any
required forms for determination of a deviation from the scheduled amount of
child support.

    (G)  Negotiations Prior to Settlement Conference.  After settlement conference
statements are served, the parties are encouraged to negotiate and exchange
additional documents.  Any party may file and serve supplemental settlement
conference statements prior to the scheduled settlement conference if the
party's analysis or proposal to resolve the issues has changed after reviewing
another party's settlement conference statement.  If the parties resolve all
issues prior to the settlement conference, they should appear at the settlement
conference prepared to place the settlement on the record and/or enter final
orders completing the action.  If the parties resolve some of the issues in
dispute, they should be prepared to discuss the issues remaining at the
settlement conference.

    (H)  Completion.  At the conclusion of the settlement conference, if the
parties reach a settlement, the court shall schedule a hearing for presentment
of final orders.  If the parties desire to continue discussing the issues, the
court may schedule a continuance of the settlement conference if warranted and
time is available.

    (I)  Proceedings after Settlement Conference.  If the parties do not reach a
complete settlement of all issues in dispute, the matter shall proceed to trial
as to the issues remaining in dispute.  Any party may submit to any other party
proposals for resolution of the remaining issues in dispute up the date of trial.


[Adopted effective September 1, 2010.]
		

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