Spokane County Superior Court

		
		
                                                      LSPR 94.04
                                                   Family Law Action

     (a)  Deleted
	
Amended Effective 06/28/18
			
     (1)  Applicability

     (1)  These rules apply to matters filed under RCWs 26.09, 26.10, 26.12, 26.16, 26.18, 26.19, 26.21, 26.21A, 26.23,
26.26, 26.27 and 26.34 and replaces former LSPR 94.04

     (2)  For further guidance on policies and procedures for family law cases in Spokane County Superior Court, please
the court's website at http://www.spokanecounty.org/1397/Family-Court and visit the Family Law Center in Room 200 of
the Spokane County Superior Court.
	
Amended Effective 06/28/18

     (2)  Unified Family Court - Upon the filing of a Petition for Dissolution/Invalidity/Legal Separation, Petition to
Establish a Parenting Plan/Residential Schedule, a Petition for Non-Parental Custody, the Clerk will assign the matter
to a Court Commissioner and a Superior Court Judge.

          a.  Parties are required to set all hearings before the assigned Judicial Officer(s).

          b.  If the matter needs to be reassigned due to conflict, recusal or unified family court principles, an order
will be entered by the Court.

          c.  If a party is seeking reassignment of the Court Commissioner under (b) above, they must contact the
Family Law Center for further instructions.
			
Amended Effective 06/28/18

     (3)  Mandatory Forms - Unless otherwise stated in these rules, court rules or statutes, the mandatory local and
state family law forms shall be used. For a complete list of forms, please consult the court's website at
http://www.spokanecounty.org/1397/Family-Court and the State's website at http://www.courts.wa.gov.

Amended Effective 06/28/18

     (4)  Automatic Temporary Orders - Court's Automatic Temporary Order.  Upon the filing of a Petition for
Dissolution/Legal Separation/Invalidity, Petition to Establish a Parenting Plan/Residential Schedule, and a Petition
for Non-Parental Custody, the court on its own motion automatically issues a temporary order.

          a.  The court's automatic temporary order will not be entered in any law enforcement database.

          b.  This rule does not preclude any party from seeking any other restraining order(s) as may be authorized by
law.
				
Amended Effective 06/28/18

     (5)  Sharing the Children Seminar - Parties seeking a Parenting Plan or Residential Schedule shall follow
LSPR 94.03.

Amended Effective 06/28/18

     (6)  EX Parte - Parties and attorneys shall follow the court's ex parte policy.

          a.  The policy is available on the court's website and in the ex parte court.

          b.  Writs of Habeas Corpus form packets must be obtained in the ex parte court.

          c.  Final family law documents must be filled out completely and any needed JIS (Judicial Information System)
check must be done at least 48 hours before submitting final documents to ex parte. Submission to ex parte is allowed
only if permission from the assigned trial court is given.

          d.  See also Rule 19.

Amended Effective 06/28/18

     (7)  Family Law Motion Practice

          a.  This rule shall apply to all motions filed under the statutes listed in Local Rule 1, Applicability.

          b.  All filed documents shall be complete with GR 14.

          c.  If typed, documents shall be in 12 point or larger font.

          d.  Declarations by minors shall not be filed absent prior authorization from the court.

          e.  Motion time lines:

               i.  A responding party is entitled to 12 days notice of a motion hearing (including Saturdays, Sundays
and legal holidays).

              ii.  The Response must be filed and served 7 days before the hearing (including Saturdays, Sundays and
legal holidays).

             iii.  Any Reply must be filed and served 3 days before the hearing (excluding Saturdays, Sundays and legal
holidays).

          f.  Page Limits

              iv.  Absent prior authorization from the court, the entirety of all declarations and affidavits in support
of the motion(s), including reply, is limited to 15 total pages.

               v.  Absent prior authorization from the court, the entirety of all declarations and affidavits in
response to the motion(s) is limited to 10 total pages.

              vi.  In Mandatory Forms that include declarations within the form, the declaration portion will count
toward the page limits.

             vii.  Exhibits do not count toward the 15/10 page limit, but if the court is expected to review them, they
do count toward whether the case must be called-in 2 days before the hearing per (g) below.

            viii.  Declarations and reports from Guardians ad litem and expert witnesses shall not count toward the page
limits. If the court is expected to review them, they do count toward whether the case must be called-in 2 days before
the hearing per (g) below.

              ix.  Page limits do not apply to Mandatory Forms without an included declaration, to the mandatory
Financial Declaration, or legal memorandums/briefs that do not include a declaration.

               x.  If there is a written request to exceed the page limits, the parties must confer and schedule a time
with the assigned Court Commissioner through the Family Law Coordinator. If the assigned Court Commissioner is not
available, the Family Law Coordinator will inform the parties when and where to take their request.

              xi.  If more than one motion is to be heard at the same time, the page limits apply to the entire hearing
not each individual motion.

          g.  Extensive Reading and/or Time to Prepare Call-in Procedure:

             xii.  If the total number of pages expected to be reviewed by the court equals or exceeds 20 pages
(excluding Financial Declarations and Mandatory Forms without internal declarations and including legal
memorandums/briefs and transcripts), the moving party shall notify the Family Law Center Main phone line and provide a
copy of the signed mandatory local Joint Status Sheet by 4 p.m. 2 court days before the motion.

            xiii.  Each party shall provide bench copies of their pleadings to the court by the call-in deadline.

             xiv.  Failure to provide the phone notice, signed Joint Status Sheet and bench copies by 4 p.m., 2 court
days before the motion, may result in the motion being stricken, continued, and/or sanctions ordered.

              xv.  Using this procedure does not guarantee that the motion will be heard on the date set if the court
docket cannot accommodate it.

          h.  Absent prior authorization from the court, the parties shall not submit inappropriate or pornographic
materials.

          i.  Motions shall be determined on written submissions only unless a prior motion to request oral
testimony was granted.

          j.  Oral argument shall be limited to ten (10) minutes or less per party unless additional time is granted by
the court.

          k.  Motions for temporary orders seeking both parenting and financial relief - even if under 20 pages - shall
follow the "Time to Prepare" call in procedure under (g). Failure to do so may lead to the hearing being stricken,
bifurcated or sanctions ordered.

          l.  A Joint Motion Status Sheet on the mandatory local form (available on the website and in the Family Law
Center) shall be filled out completely and signed by all parties and submitted at the end of docket call. Failure to do
so can result in the motion being stricken and/or sanctions to a party/attorney who refuses to sign or fails to
cooperate with the signing. If a party is not cooperating with the filling out and signing of the Joint Motion Status
Sheet, the other party shall write on the form what the issue is and submit it to the court.

          m.  Each party shall provide bench copies of their documents to be considered by the court with the Joint
Motion Status Sheet.

          n.  The court may assess terms, strike or continue motions, or may not consider pleadings if it finds a party
has violated this rule.

          o.  Hearing times will be set by the court and the attorneys and parties shall follow the court's policy on
appearance at hearings unless prior authorization is given.

Amended Effective 06/28/18

     (8) Paternity/Parentage

          a.  All motions filed under Petition to Establish Parentage shall follow the motion procedure in
Local Rule 7.

          b.  A trial court assignment shall be requested by filing the local Certificate of Readiness and Note for
Paternity Trial Setting form together with proof of service. A copy shall be provided to the Family Law
Center.

          c.  If no objection has been filed within 10 days (including Saturdays, Sundays and holidays), the Family Law
Coordinator will assign the matter to a trial court or a Court Commissioner docket if the trial request can be
accommodated on a Court Commissioner docket.

          d.  If an objection is filed, the court will notify the parties if there will be oral argument on the
objection or they will receive notice that the matter has been assigned to a trial court or set for trial.

Amended Effective 06/28/18

     (9)  Domestic Violence

          a.  If there is pending family law action involving the same parties assigned to a Court Commissioner, effort
will be made to schedule any RCW 26.50 hearing with that Court Commissioner. This can result in the continuance of a
hearing or the setting on a different docket. Parties shall inform any court reviewing a temporary order or setting a
final hearing about the other action and about the Court Commissioner assignment.

          b.  If extensive reading is required, the court may have to continue a hearing if it does not have time to
review the material. Using the procedure under Local Rule 7(g) is advisable.
			
Amended Effective 06/28/18

     (10)  Non-Parental Custody - Procedure

          a.  The mandatory local "Order on Non-Parental Custody" must be signed before final orders will be considered
under a Petition for Non-Parental Custody or a Modification Petition requesting modification of a Non-Parental Custody
Order.

          b.  An "Order on Non-Parental Custody" shall only be granted after the court has reviewed the CPS history,
criminal history and JIS record or after a dependency court has placed the children in the care of the non-parental
custody petitioner.

          c.  All parties must follow the policy and procedures for non-parental custody proceedings, including
modifications, on the court's website. Instructions on the "Order on Non-Parental Custody" are included.

Amended Effective 06/28/18

     (11)  Financial Declarations - Any motion for financial relief and any response to a motion for financial relief
requires the filing of a Financial Declaration on the mandatory state form.

          a.  Requesting a GAL or attorney fees, or responding to such a request, requires the filing of a Financial
Declaration.

          b.  Failure to file financial documents for the motion hearing is a basis for the court to deny the request,
continue the hearing, and/or impose sanctions.

Amended Effective 06/28/18

     (12) Trials

          a.  Counsel and pro se parties must appear at a status conference with the assigned Judge, unless
otherwise excused by the Court, with a completed Domestic Joint Case Status Report on the local mandatory form.

          b.  If a case is not resolved by the time of the status conference, or if the status conference is not
continued, a trial date will be set and a case scheduling order will be entered as long as all parties have been served
and responded.

          c.  In non-parental custody cases, a trial date will not be set unless an Order on Non-Parental Custody has
been entered. See Rule 10.

          d.  Sanctions can be imposed for a party or an attorney's failure to follow the court's scheduling order and
its deadlines.

          e.  Any request for financial relief, including but not limited to issues of attorney fees, GAL fees, spousal
maintenance and child support, and any response to such request requires the submission of a completed and current
Financial Declaration, on the mandatory state form, as an exhibit for trial.  Failure to submit the financial
declaration is a basis for the court to grant or deny the request, continue the trial and/or impose sanctions.

          f.  Any request for a Parenting Plan or Residential Schedule or any response to such request requires the
submission of a completed and current proposed Plan or Schedule, on the mandatory state forms, as an exhibit for trial.

          g.  Any request for child support or a response to such request requires the submission of a completed and
current proposed child support worksheet, on the mandatory state forms, as an exhibit for trial.

          h.  Parties are required to submit the original and a bench copy of exhibit notebooks to the trial department
no later than noon on the Wednesday before trial.  A copy shall also be submitted to the opposing party or counsel.

Amended Effective 06/28/18

     (13)  Child Support/Maintenance Modifications

          a.  Either party, after the filing of the response, completed worksheets (if applicable), an
asset/liability list (if applicable) and financial declarations, may file a Request to Schedule a hearing using the
mandatory local form. The form can be found on the court's website or purchased in the Spokane County Bar Association
office.

               i.  A copy of the Request to Schedule must be given to the Family Law Coordinator.

              ii.  There must be proof of service of the request on the opposing party.

             iii.  If a party objects to the scheduling of the hearing, within 10 days of notice (including Saturday,
Sundays and holidays) of the request, the objecting party must clearly set forth the objection and set a hearing in the
ex parte Department with 5 days notice (excluding Saturdays, Sundays and holidays). If the objection is denied, an order
directing the Family Law Coordinator to set the hearing will be issued.

          b.  If no objection has been filed within 10 days of notice of the Request to Schedule a hearing (including
Saturdays, Sundays and holidays), the Family Law Coordinator will schedule the hearing and send notice of the date and
time to the parties at the addresses provided in the court file.

          c.  The hearing shall be confirmed per the policy of the Family Law Center available on the court's website.
Hearings not confirmed shall be stricken. Confirming a hearing certifies that the proposed worksheets (if applicable)
and supporting documents have all been filed.

          d.  Hearings will be decided on declarations only, unless in the court's discretion, oral testimony is allowed.

          e.  If a party is seeking an Order Authorizing Oral Testimony, that motion shall be filed and scheduled in the
ex parte Department with 5 days notice (excluding Saturdays, Sundays and holidays) and at least 10 days (including
Saturdays, Sundays and holidays) before the scheduled modification hearing. If the motion for Oral Testimony is granted,
a copy of the Order must be delivered to the Family Law Coordinator. The court may continue the hearing if the original
setting does not allow time for oral testimony.

          f.  Motions for temporary child support under this section will only be permitted if there is a change in
obligor or if extraordinary circumstances justify temporary relief.

          g.  Page limit rules and extensive reading/time to prepare rules per Local Rule 7 apply to Child Support and
Maintenance Modification hearings.

          h.  Each party shall provide bench copies of their documents to be considered by the court.

Effective 06/28/18

     (14)  Modification of Parenting Plan/Residential Schedule/Custody - Adequate Cause Hearing

          a.  Motions for adequate cause of a major modification shall follow the "Time to Prepare" call in procedure
under Local Rule 7(g). Failure to do so may lead to the hearing being stricken, bifurcated or sanctions ordered.

          b.  If the court enters an Order Granting Adequate Cause on a Petition for Modification of a Parenting
Plan/Residential Schedule or a Petition for Modification of a Non-Parental Custody Order, a copy of the Order must be
given to the Family Law Coordinator by the prevailing party.

          c.  The Family Law Coordinator will assign a Major Parenting Plan/Residential Schedule Modification or
Non-Parental Custody Modification case to a Family Law Judge upon the receipt of the adequate cause order only if there
is a formal Response to the Petition for Modification.

          d.  If the court finds that there is adequate cause for a minor modification or an adjustment, the court will,
in its discretion,

               i.  Order the case assigned to a Family Law Judge for trial if an evidentiary hearing with witnesses is
necessary and/or the issues need more time than the family law motion docket can accommodate; or

              ii.  Order the case be concluded on the assigned Court Commissioner's family law motion docket on
declarations only and set the final hearing date within the adequate cause order.

Effective 06/28/18

     (15) Relocation -

          a.  Trial Court Assignment

               iii.  The party filing a Notice of or Objection to Relocation must provide a copy to the Family Law
Coordinator.

                iv.  If final Orders on Relocation have not been entered within 30 days of filing the Notice or the
Objection or the hearing on temporary relocation has been held, the matter shall be assigned to a Family Law Judge for
trial.

          b.  Motions to permit or restrain a temporary relocation shall be set on the assigned Court Commissioner's
family law docket.

          c.  Motions to permit or restrain a temporary relocation shall follow the "Time to Prepare" call in procedure
under Local Rule 7(g). Failure to do so may lead to the hearing being stricken, bifurcated or sanctions ordered.

          d.  All motions to permit or restrain a temporary relocation shall be called in per the procedure in Rule 7
even if the total pages to be reviewed is less than 20 pages.

Effective 06/28/18

     (16) Parenting Conference - Mandatory Parenting Conference

          a.  If a GAL has been appointed, the parties are required to attend a parenting conference that is scheduled
by the Guardian Ad Litem.

          b.  Attendance at mediation satisfies this requirement if the GAL participated in the mediation.

          c.  The court can relieve the parties of this requirement per Local Rule 17(b).

Effective 06/28/18

     (17) Mediation

          a.  All contested matters shall be mediated prior to trial. Parties shall follow the court's scheduling order
deadlines or sanctions may be imposed.

          b.  A motion to be excused from mandatory mediation may be filed and set on the trial Judge's motion docket.
The Judge may decline to require mediation if,

               i.  a domestic violence protection order, no-contact order or other restraining order involving the
parties has been entered by a court;

              ii.  the court finds that domestic abuse has occurred between the parties and that such abuse would
interfere with mediation; or

             iii.  for good cause otherwise shown.

          c.  The court may continue a trial on the basis of a party not mediating in good faith or refusing to attend
mediation.

Effective 06/28/18

     (18)  Court Commissioner Reconsideration and Presentments - Any party or attorney seeking the reconsideration of a
Court Commissioner's decision or a Presentment of order after a Court Commissioner's hearing, must provide a copy of the
motion or Notice of Presentment to the Family Law Center.

          a.  No hearing will be set unless authorized by the Court Commissioner.

          b.  The Family Law Coordinator will send a letter to the opposing party at the address provided in the court
file regarding timelines for a response.

          c.  Counsel shall refrain from arguing the motion in letter form. Any letters to the court must be filed in
the court file by the attorney/party writing the letter.

          d.  The Court Commissioner will issue a written decision unless notice is sent that there will be a hearing.

          e.  If either party files a Motion for Revision from the same hearing, the Court Commissioner may decline to
rule on a Motion for Reconsideration.

Effective 06/28/18

     (19)  Non-Contested Dissolutions

          a.  Final Orders may be presented for entry to the assigned Family Law Judge or to the ex parte Department, if
the Judge allows.

          b.  Unless requested by the court, oral testimony will not be required provided the Findings of Fact are
verified by a party.

          c.  Self-represented parties should utilize the non-contested dissolution docket and have their pleadings
reviewed by the courthouse facilitator. Failure to do can result in a delay in the court's ability to finalize the case.

Effective 06/28/18

     (20) Miscellaneous - Reserved
		
Effective 06/28/18