Mason County Superior Court

		
		
                                                  LSPR 94.04
                             FAMILY LAW, PROBATE, GUARDIANSHIP AND ADOPTION CASES


     1.  FAMILY LAW, PROBATE, GUARDIANSHIP AND ADOPTION MOTION CALENDARS, CONFIRMATION PROCEDURES AND TIME
LIMITS

          1.1  Motion Calendars.  There shall be the following motion calendars held according to the published
schedule available at the courthouse or through the Mason County Superior Court Administrator's Office at
http://www.co.mason.wa.us/superior_court:

          Adoption
          Probate and Guardianship
          Family Law (where at least one party is represented by an attorney at the time a matter is noted for
hearing)
          Pro Se Family Law (where no party is represented by an attorney at the time a matter is noted for
hearing)
          State Family Law (where the State is a party for purposes of establishing paternity and/or setting
child support)
          Non-Parent Custody
          Ex Parte

     The schedule for the above calendars may change.  Parties and counsel are advised to review the current
calendar schedules before noting matters for hearings.  Incorrectly scheduled matters may be stricken.

          1.2  Confirmation Procedures.  For a contested matter to be heard by the court, the hearing must be
confirmed as set forth below.  This includes hearings scheduled by notice of issue, court order and hearings
which are administratively continued.

               (a)  Confirmation must be made by calling the Clerk of the Court at (360) 427-9670, Ext. 346, or
by e-mail at superiorcourt-confirm@co.mason.wa.us, no later than 10:00 a.m. two (2) court days prior to the
motion (examples: for a motion on Wednesday, confirmation must be by 10:00 a.m. on Monday; or for a motion on
Friday, confirmation must be by 10:00 a.m. on Wednesday).

               (b)  If the deadline for confirmation falls on a court holiday, confirmation shall be made before
10:00 a.m. on the last court day before the holiday.

               (c)  Motions filed by those persons physically confined under a court order shall be deemed
confirmed at filing.

               (d)  Matters not confirmed may be heard at the end of the calendar only at the discretion of the
Court and upon agreement of all parties.

     1.3  Continuance of Confirmed Matters.  Matters confirmed in accordance with paragraph 1.2 are not subject
to continuance, except with permission of the Court.  If not heard, these matters shall be stricken and may be
re-noted by the moving party.

     1.4  Time Limits.  Arguments on motions shall be limited to ten (10) minutes per side.  Arguments which
will exceed the time limit of this rule, if allowed by the Court, will ordinarily be placed at the end of the
docket.

2.  PLEADINGS, MOTIONS AND OTHER PAPERS

     2.1  Format.  All pleadings, motions and supporting documents shall use mandatory forms where applicable,
follow the format required by GR 14 and meet the requirements of GR 31(e).  If typed or computer printed,
documents shall be in 12 point or larger type, single-sided and double-spaced.  If handwritten, documents shall
be single-sided, double-spaced and written legibly using black or dark blue ink. Illegible documents will not be
considered.

3.  CHILDREN'S STATEMENTS.

     3.1  Children's Statements.  Declarations by minors in family law matters are disfavored and the Court may,
in its discretion, refuse to consider such declarations.

4.  PAGE LIMITATIONS ON DECLARATIONS

     4.1  Generally.  Absent prior authorization from the Court as set forth in paragraph 4.7 below:

          (a)  The entirety of all declarations and affidavits in support of motions, including any reply, shall
be limited to a total of twenty-five (25) pages for all motions scheduled on the same date in a single case.

          (b)  The entirety of all declarations and affidavits submitted in response to motions shall be limited
to a total of twenty-five (25) pages for all motions scheduled on the same date in a single case.

     4.2  Applicable Cases.  This rule shall apply to all family law motions.

     4.3  Exhibits.  Exhibits that consist of declarations or affidavits shall count toward the above page
limits.  All other exhibits attached to a declaration or affidavit, including deposition excerpts, shall not be
counted towards the page limit.

     4.4  Financial Declarations.  Financial declarations and financial documents do not count toward the page
limit.

     4.5  Expert Reports and Evaluations.  Declarations, affidavits or reports from guardians ad litem and
expert witnesses do not count toward the page limit.
	
     4.6  Miscellaneous Exceptions.  Copies of declarations or affidavits previously filed for a motion already
ruled upon and supplied only as a convenience to the Court in lieu of the court file do not count toward the
page limit.

     4.7  Authorization.  A party seeking authorization to exceed the page limit may do so by noting a motion to
exceed the page limit on the family law calendar.  Parties may appear in person or by telephone; provided,
however, that authorization to appear by telephone must be made in advance by calling the Court Administrator's
Office at (360) 427-9670, Ext. 348.  Notice of this hearing shall be given in the same manner as provided in
CR 5.

     4.8  Consequences of Non-Compliance.  If the Court finds that one or more parties have violated this rule,
the Court may, in its discretion, assess terms, strike or continue the matter, or refuse to consider materials
that violate this rule.

5.  PARENTING SEMINARS

     5.1  Applicable Cases.  This rule shall apply to all cases which require a custody decree, parenting plan,
residential schedule or visitation order for minor children.

     5.2  Mandatory Attendance.  All parties involved in cases governed by this rule shall complete an approved
parenting seminar, except parties who have previously attended such a parenting seminar within the last two
years.  In the case of paternity actions initiated by the prosecuting attorney's office, the parenting seminar
shall be required only when paternity is established or acknowledged and a parenting plan is requested.

     5.3  Seminar Providers.  A list of approved parenting seminars shall be available from the Superior Court
Administrator, Family Law Facilitator and Clerk of the Court.  If a parenting seminar is not included on the
list, then the Court, upon proper motion, may allow other seminars to fulfill this requirement on a case-by-case
basis.

     5.4  Timing.  Parties required by this rule to participate in a parenting seminar shall complete an
approved parenting seminar within ninety (90) days after service of a petition.

     5.5  Proof of Completion.  Parties shall file a certificate of completion or other documentation showing
proof of completion of the parenting seminar as soon as possible after completion.

     5.6  Fees.  Each party attending a seminar shall pay a fee charged by the approved provider.

     5.7  Special Consideration/Waivers.  Pursuant to RCW 26.12.172:

          (a)  Opposing parties shall not be required to attend seminars together.

          (b)  Upon a showing of domestic violence or abuse which would not require mutual decision making
pursuant to RCW 26.09.191, or that a parent's attendance at the seminar is not in the children's best interests,
the court shall either:

               (i)  Waive the requirement of completion of the seminar; or
              (ii)  Accept an alternative, voluntary parenting seminar.

          (c)  The Court may otherwise waive the seminar requirement or extend the time for attendance of the
seminar for good cause shown.

     5.8  Failure to Attend/Sanctions.  Willful refusal to participate in a parenting seminar or willful delay
in completing the parenting seminar by any party may constitute contempt of court and may result in sanctions
including, but not limited to, imposition of monetary terms, striking of pleadings, or denial of affirmative
relief to a party not in compliance with this rule.

6.  TEMPORARY ORDERS IN CASES INVOLVING CHILDREN - DISCRETIONARY JUDICIAL ACCESS BROWSER SYSTEM (JABS)/JUDICIAL
INFORMATION SYSTEM (JIS) SEARCH.

     6.1  In all Temporary Order hearings regarding the adoption or modification of Parenting Plans or
Residential Schedules, the Court shall inquire with all parties whether there is a request for the Court to
determine the existence of any information and proceedings relevant to the placement of the child(ren) that are
available in the JABS or JIS databases.  If a party requests the Court to review JABS/JIS records, then the
Court shall allow the other party or parties to the case to be heard before deciding whether such review would
be legally appropriate. The Court should specifically describe the records that it has reviewed or will review,
as opposed to generally stating that it will review JABS/JIS records. Following the court's review, the Court
shall describe the substance of such records.  Any review of JABS/JIS records conducted by the Court shall be
limited to reviews conducted in accordance with the Court's decision after all parties to the case have had an
opportunity to be heard.

7.  FAMILY LAW TRIALS

     7.1  In all trials in family law matters, each party shall file and serve on the opposing party and the
court by 9:00 a.m. three court days prior to the trial, a written Family Law Trial Information Form. The Family
Law Trial Information Form shall be in the form set forth on Exhibit A, attached to these rules.

     7.2  The following forms shall also be filed and served along with Exhibit A:

          (a)  Financial Declaration (Washington Form FL All Family 131) whenever there is a dispute about the
award of Spousal Support and/or child support.

          (b)  Child Support Worksheet (WA Form WSCSS) whenever there is a dispute about the amount of child
support owing.

          (c)  Proposed Parenting Plan (WA Form FL All Family 140) whenever there is a dispute about the
custodial arrangements regarding a child.

8.  PRESENTATION OF NON-CONTESTED FINAL ORDERS

     8.1  All final decrees, final orders and any accompanying Findings of Fact/Conclusions of Law, Parenting
Plans, Orders of Child Support and Child Support Worksheets presented to the Court shall be reviewed for form
and completeness before presentation.  The review shall be performed by an attorney of record in the case, a
Limited License Legal Technician, the Courthouse Facilitator, the Thurston County Volunteer Legal Clinic or an
attorney not of record who approves the pleadings as to form and completeness. A Guardian ad Litem's approval of
the parenting plan shall meet the review requirement for the parenting plan.

9.  ESTABLISHMENT OF RESPONDENT(S) PARENT-CHILD RELATIONSHIP IN NON-PARENT CUSTODY MATTERS

     9.1 The parent-child relationship between the child(ren) and the Respondent parent(s) in a non-parent
custody matter filed pursuant to RCW 26.10 must be established in the manner set forth in RCW 26.26.065.  Proof
of the establishment of the parent-child relationship(s) must be filed with the Court at or before the
presentation of any final orders.

10.  REQUIRED LANGUAGE FOR OATH OF PERSONAL REPRESENTATIVE/ ADMINISTRATOR

     10.1 The following additional language shall be included in all oaths of a proposed Personal
Representative/Administrator of an estate provided pursuant to RCW 11.28.170:

     "I am qualified under RCW 11.36.010 to serve as a Personal Representative as I am not a corporation, a minor,
a person of unsound mind, or a person who has been convicted of any felony or of any crime involving moral
turpitude."


[Adopted effective 9-1-2006; amended effective 9-1-2010; 9-1-2012; 9-1-2013; 9-1-2014; 9-1-2015; 9-1-2017;
9-1-2018]