Spokane County Superior Court

		
		
                         LSPR 94.05
               FAMILY LAW, GUARDIAN AD LITEM,
                  AND DISCOVERY PROCEDURES


     (a) Applicability.  This rule applies to the following
original actions and/or modifications of decrees:  marriage
dissolution, legal separation, declaration of invalidity,
custody or parentage actions filed pursuant to RCW 26.09,
RCW 26.10, or RCW 26.26.

     (b) Motion.  When any of the above actions is filed and
where an allegation of abuse or neglect of a minor child
pursuant to RCW 26.44.020(12) has been made and no
dependency or alternative residential placement petition has
been filed pursuant to RCW 13.34 or RCW 13.32A;  upon motion
of either party or upon the court's own motion, a hearing
shall be held:

     (1) To appoint a guardian ad litem for the
child/children pursuant to RCW 26.44.053 and

     (2) To determine whether the case should be referred to
the Regional Center for Child Abuse and Neglect or other
appropriate professional or agency.

     (3) In all other cases where the welfare of the minor
child/children is at issue, the provisions of LSPR 94.05 may
be utilized upon the request of either party or upon the
court's own motion.

     (c) Notice to Appear.  Upon the filing of the motion, a
hearing shall be set on the family law calendar.  That
hearing may be set by notice using local form DR–01.0430.  A
copy of the motion, notice of hearing and all supporting
documents, which shall identify the proposed guardian ad
litem, shall be served upon the nonpetitioning party
indicating the time and place of the hearing on the motion.
The responding party shall serve and file their response and
supporting documents no later than 24 hours prior to the
hearing date.  Hearings shall be on affidavits only unless
otherwise directed by the court.

     (d) Guardian Ad Litem.  In those cases where a guardian
ad litem is appointed, the court shall appoint a person who,
through their professional qualifications or specialized
training provided by the court, has the expertise to
represent children.  The Spokane County Superior Court
judges shall appoint a committee of judges and/or court
commissioners and interested members of the Spokane County
Bar Association to oversee this specialized guardian ad
litem program and provide training to those persons who wish
to participate in the program.

     (e) Discovery Stay.  Upon the filing of the motion
pursuant to (b), no discovery directly involving the
child/children, including any interview of the
child/children by investigators, psychologists,
psychiatrists or other professionals, shall proceed without
an order of the court.  If the motion is not heard within 30
days, the discovery stay order expires unless extended, for
good cause, by further order of the court.

     (f) Notice to Guardian Ad Litem.  If a guardian ad
litem is appointed, the guardian ad litem is entitled to
notice of all proceedings.  The guardian ad litem shall be
given ten days notice by any party seeking discovery which
directly involves the child/children.  The guardian ad litem
has a right to be present at all interviews of the
child/children unless the guardian ad litem believes it is
in the best interest of the child/children not to be
present.  In the event the guardian ad litem objects to the
proposed discovery procedure, the guardian ad litem shall
schedule a hearing on the family law calendar in order to
resolve the discovery issues.

     (g) Report Confidential.  The report of the Guardian Ad
Litem in a proceeding under RCW Title 26 shall be treated as
a confidential document by the Clerk of the Court, the
parties and their counsel unless otherwise ordered by the
court.  However, attorneys of record may use and disclose
such information from the report that is reasonably
necessary for their investigation of the case and for trial
preparation.  Attorneys are prohibited from reproducing or
distributing any portion of the written report to any person
other than the attorney’s client without further order of
the court.  Parties representing themselves shall be subject
to the same use and disclosure limitations as attorneys.
The cover sheet of the report shall be marked “Clerks Action
Required” and indicate that it is confidential pursuant to
LSPR 94.05(g).  This rule shall not apply to Guardian Ad
Litem reports provided under RCW Title 11, minor settlements
or other similar matters.


[Amended effective November 1, 2004; February 8, 2005]