Adams County Superior Court

Adams County Superior Court Local Court Rules Table of Contents

Rule 1 Scheduling Rule 2 Filing Rule 3 Juvenile Offender Matters Rule 4 Juvenile Non-Offender Matters (Reserved) Rule 5 Domestic Relations Matters Rule 6 Criminal Matters Rule 7 Civil Matters (Reserved) Rule 8 Special Proceedings Matters (Reserved) Rule 9 Pleadings/ Motions Rule 9 A New Trial, Reconsideration and Amendment of Judgments Rule 10 Proposed Jury Instructions Rule 11 Exhibits Rule 12 Court Reporting Rule 13 Jurors Rule 14 Guardian Ad Litem Training and Qualification Rule 15 Rescission, Modification or Renewal of No-Contact Orders Rule 16 Suspension or Modification of Rules Rule 17 Effective Date

Forms Note for Calendar (NTC) - Clerk's Action Required Note for Trial

Local Court Rules for Asotin, Columbia, and Garfield Counties Table of Contents

Local Civil Rules (LCR) LCR 5 Service and Filing of Pleadings and Other Papers LCR 6 Time LCR 7 Motions and Hearings LCR 16 Pretrial Procedure and Formulating Issues/ Mediation LCR 32 Use of Depositions in Court Proceedings LCR 37 Failure to Make Discovery; Sanctions LCR 47 Jury Selection LCR 51 Jury Instructions LCR 53.2 Court Commissioners LCR 59 Motion for Reconsideration LCR 77 Superior Courts and Judicial Officers LCR 81 Applicability in General

Local Guardian Ad Litem Rules (LGALR) LGALR 2 General Responsibilities of Guardian Ad Litem LGALR 7 Grievance Procedures

Local Special Proceedings Rules (LSPR) LSPR 98.16W Approval of Fees in Certain Cases

Local Criminal Rules (LCrR) LCrR 4.9 Final Pretrial Conference LCrR 6.3 Selecting the Jury

RULE 1 SCHEDULING A. SESSIONS AND HOURS There shall be one continuous session of Court from 9:00 a.m. to 4:30 p.m. each day from January 1st through December 31st excepting non-judicial days designated by law as legal holidays, or specifically designated as non-judicial days by the State Supreme Court. B. TELEPHONIC APPEARANCES No attorney, party or witness will be allowed to appear by telephone or skype without first obtaining permission of the Court which will generally only be granted if the requesting person does not expect opposition. Geographical distance from the courthouse is insufficient reason for appearing telephonically. C. GENERAL MOTION DOCKET The general motion docket shall be each Monday except when the Monday is a legal holiday, or when canceled by prior order of the Court. All hearings in civil, probate, family law, adoption, guardianship and other matters (except juvenile court matters) not requiring testimony, shall be scheduled to the motion docket for 9:00 a.m. Criminal matters shall be scheduled for 10:00 a.m. The form at Appendix LR-1B shall be used to note motions. Argument shall be limited to ten minutes per side and the moving party may reserve some portion of said ten minutes for rebuttal argument. Hearings requiring more than 30 minutes shall be scheduled in the same manner as trials. D. JUVENILE MATTERS (Offender) Juvenile offender matters, other than fact-findings /arraignments and/preliminary appearances shall be heard on the first Thursday of each month at 9:00 a.m., unless said Thursday is a non-judicial day in which case they shall be heard on the following Thursday which is not a non-judicial day. Fact-finding hearings shall be scheduled for 1:30 p.m. on said Thursdays. In every case not resolved within fourteen calendar days prior to the fact-finding there shall be a status hearing at 10:00 a.m. on the general motion docket occurring on the Monday of the week preceding the date of fact-finding. The juvenile's appearance at the status hearing is mandatory. E. JUVENILE MATTERS (Dependency)/(Truancy) Juvenile court matters, other than offender matters, shall be scheduled for the first Tuesday of each month at 9:00 a.m., unless said Tuesday is a non-judicial day in which case, they shall be heard on the following Tuesday which is not a non-judicial day. All parties and their witnesses shall be present and available at 9:00 a.m. Counsel shall first confer as to which matters can be resolved by agreed orders or without testimony, those matters shall then be put on the record or argued. Matters requiring testimony shall then be heard. Shelter Care hearings shall be special set with the Superior Court Administrator. Social studies and predisposition reports are to be presented to the Court no later than three days prior to disposition, or as otherwise directed by the Court. F. Ex Parte Matters Noncriminal ex parte matters shall be heard on all judicial days at 11:00 a.m. Personal appearance is required if the party requests an ex parte order seeking to restrain another party from the family home or contact with the other party or children. Unless notice is specifically excluded by statute, no ex parte order shall be presented without notice to opposing counsel or opposing party without counsel. If counsel for any party, or a party, has appeared either formally or informally, notice is required. If necessary, notice may be by telephone or facsimile. This rule applies regardless of whether service is required on the attorney or a party pursuant to CR 5(b)(4). The movant shall be responsible for making arrangements to have the clerk deliver the court file for the hearing. Parties are advised to telephone the Superior Court Administrator in advance to ensure that there will be a judicial officer available to hear the ex parte calendar. G. Civil Trials Civil cases may be noted to the motion docket for trial setting at any time after the pleadings are closed. Cases noted for trial setting will be assigned for trial by the Court Administrator. The form at Appendix LR-1F shall be used to note cases for trial. Counsel is not required to appear at the trial setting unless they are objecting to the trial setting. H. Criminal Cases and Pre-trials Criminal trials shall be scheduled to begin at 9:00 a.m. on the fourth Tuesday of each calendar month. The jury, if necessary, will be scheduled to arrive at 1:30 p.m. of that day. In every criminal case, whether it is specifically ordered or not, there shall be a scheduling hearing on the first Monday following the date of arraignment at 10:00 a.m. The purpose of the hearing will be to consider amendments to the Information and to schedule the omnibus hearing, pretrial hearing, and CrR 3.5 hearing if necessary. In every criminal case, whether it is specifically ordered or not there shall be a pretrial hearing on Monday at 10:00 a.m. in the calendar week preceding the calendar week of trial unless it is a non-judicial day in which case it shall be held on the Monday immediately preceding which is not a non-judicial day Attendance by the defendant at the pretrial hearing is mandatory. If the defendant does not attend the pretrial hearing a warrant may be issued for his or her arrest and the trial date reset. All motions in limine shall be filed and served five days in advance of the pretrial hearing for hearing on that day and shall be deemed waived if not so presented. Responsive pleadings shall be filed and served one day before the pretrial hearing. [Letter sequence deleted; previous rule had a letter in front.] Jury instructions shall be filed, served and bench-copied on or before the pretrial hearing. Sanctions may be imposed for failure to do so. I. Support Enforcement Calendar The support enforcement calendar shall be heard on the first Wednesday of January, March, May, July, September, and November commencing at 9:00 a.m. J. Interpreters Any party requiring and entitled by law to a court interpreter at public expense shall provide the court administrator with at least a twenty-four hour notice the need for same.

September 1, 2017

RULE 2 FILING Except in consolidated cases, no documents shall be filed with more than one case number, unless sufficient copies are simultaneously provided for each cause. Where there are multiple case numbers and no copies provided, the Clerk shall place the documents only in the first case number designated. For all causes wherein an Order for Consolidation has been entered for the purpose of trial, the caption shall include the separate titles of the consolidated actions, along with the specific cause numbers, an indication to the clerk of which cause number the pleadings shall be filed under. The party filing the pleadings shall provide copies for each cause listed. If no indication is made and a copy is not provided for each cause the clerk shall place the pleadings into the lowest or earliest filed cause. In all causes wherein an Order for Consolidation has been entered said order shall designate in what action all future pleadings shall be filed, and a copy of said order shall be filed in each case. Said order would be the last document filed in the undesignated case number. Facsimile and Electronic filing shall not be allowed absent court order. All pleadings, and other papers presented for filing with the Clerk shall be on 8 1/2 by 11 paper with double spacing and shall be printed on one side only in the English language. The Clerk may refuse to file any papers not in conformance with this rule.

September 1, 2017

RULE 3 JUVENILE OFFENDER MATTERS A. COSTS Attorney's fees may be assessed against the juvenile, parent, or other person legally obligated to support the juvenile, when publicly funded counsel is used for defense (RCW 13.40.145). Partial detention costs for adjudicated offenders may be assessed pursuant to RCW 13.40.220. Detention costs shall be based on the party's ability to pay but not to exceed $150.00 per day of detention. The State of Washington Determination of Indigency Report form, pursuant to RCW 10.101.020, shall be used in determining parental financial obligations. A hearing, judgment and order determining parental financial obligations shall take place following disposition, or as otherwise directed by the Court. B. SEALING On the first Thursday of each month at 9:00 a.m., there will be a " hearing to seal juvenile court records" which will be sealed administratively unless the court receives an objection or compelling reason (e.g., legal financial obligation still owing) not to seal. If said date falls on a non-judicial day, these hearings shall be scheduled for the first Thursday of the month following which is not a non-judicial day. These hearings shall be scheduled for the first hearing following the date the juvenile turns 18 years of age or, if the juvenile is determined to be on supervision, or on a JRA commitment, or parole beyond his/her 18th birthday or the first hearing following scheduled termination of supervision/parole (assuming the juvenile serves maximum number of months in his / her commitment range.) The hearing date will be set by the disposition order which shall note same as a clerk's action if the juvenile qualifies for an administrative sealing. The juvenile is not required to be present at the hearing. Psychological and other treatment evaluation reports as well as predisposition reports shall be considered and shall be filed under seal in the "confidential side" of the official juvenile court file which shall be open to the parties and the judge, but not open to the public unless ordered by the court. Said exhibits may be returned or destroyed pursuant to the rules governing other exhibits.

[Effective September 1, 2017]

RULE 4 JUVENILE NON-OFFENDER MATTERS

(reserved)

RULE 5 DOMESTIC RELATIONS MATTERS

A. Show Cause Hearings In all show cause orders where a party is directed to "personally" appear and show cause, said party shall appear in person and subject himself to examination by counsel. Any such party must be given at least five days' notice of the time and place of the show cause hearing.

B. Testimony Required The sworn testimony of at least one of the parties shall be required to support the entry of a decree of dissolution or a final parenting plan or modification thereof. C. Affidavits Affidavits or Declarations in all contested motion hearings, shall not exceed five (5) double spaced pages (exclusive of exhibits), Responsive affidavits shall be served and filed no later than 12:00 p.m. (noon) the day before the hearing. Reply affidavits shall be provided to opposing counsel/party no later than 5:00p.m. the day before the hearing. Reply affidavits shall be limited to a maximum of three (3) double spaced pages and shall be in strict reply to the responsive affidavit.

RULE 6 CRIMINAL MATTERS PROCEDURE FOLLOWING ARREST WITHOUT WARRANT A. [ See CrR 3.1 (d)] Appointment of counsel for indigent defendants shall be made by the Court as soon as is feasible following arrest. Upon such an appointment, the Court shall promptly provide defense counsel with notice of his/her appointment. B. Indigent criminal defendants appealing from District Court Judgments shall, within five days after giving Notice of Appeal, request the Superior Court for appointed counsel. If appropriate, the Court shall appoint counsel by written order. Ordinarily, counsel appearing in District Court will be appointed. C. [ See CrR 3.1 (2) ] No defense counsel, whether retained or appointed, shall be permitted to withdraw as such without prior Court approval; provided, however, that after a verdict has been entered, counsel may withdraw without prior approval by the Court. D. Discovery. [See CrR 4.7] The Prosecuting Attorney shall provide to the defendant, either directly or through the defendant's counsel, a copy of all criminal history record information in a Prosecutor's possession at the Omnibus Order compliance date. E. [ See CrR 3(b), (c), (d)] All persons arrested on felony charges and held in custody shall, as soon as feasible during the first day upon which the Court is open, be brought before the Superior Court at 11:00 a.m. to be advised of their rights. F. A person arrested without a warrant shall have a determination of probable cause no later than forty-eight (48) hours following the person's arrest. Non judicial days shall not be excluded in the calculation of said forty eight (48) hours. The Court shall determine probable cause on the sworn testimony of a peace officer or prosecuting attorney. The sworn testimony may be by written affidavit or electronically recorded, and in either case the testimony shall be preserved.

September 1, 2017

RULE 7 CIVIL MATTERS

(reserved)

RULE 8 SPECIAL PROCEEDINGS MATTERS

(reserved)

RULE 9 PLEADINGS/ MOTIONS A. Time for filing. Parties desiring to submit an application to the Court, legal brief, memorandum of authorities, and any supporting affidavits or other documents on a motion, hearing or trial to be heard shall, unless otherwise particularized under a specific State or local rule, serve and file the same with the Clerk of the Court no later than five (5) court days before the date the party wishes the motion to be considered. Any responsive materials shall be served and filed with the Clerk of the Court by 12:00 noon two days prior to the time set for the hearing or trial. Any documents in strict reply shall be similarly filed and served no later than 12:00 noon on the court day before the hearing. No documents shall be submitted to the Court unless opposing counsel or the self-represented litigants have been timely provided with copies. B. Reapplication for order. When an order has been applied for and refused in whole or in part (unless without prejudice), or has been granted conditionally and the condition has not been performed, the same application for an order shall not be made except upon an alleged different statement of facts or law. It shall be shown by affidavit what application was made, when, and to what judge; what order or decision was made thereon; and what new facts or law are claimed to be shown. C. Motions in Limine. Motions to limit the introduction of evidence should be presented for resolution not later than the regular motion day immediately preceding the assigned trial date or such other date as may be set by the Court. D. Form. Necessary provisions in orders requiring personal attendance; in all civil proceedings wherein an Order is to be issued requiring the personal attendance of a person to be examined in open Court, the Order shall include the following works in capital letters: YOUR FAILURE TO APPEAR AS ABOVE SET FORTH AT THE TIME, DATE, AND PLACE STATED MAY CAUSE THE COURT TO ISSUE A BENCH WARRANT FOR YOUR APPREHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE MATTER CAN BE HEARD OR UNTIL BAIL IS POSTED. No bench warrant shall be issued in such cases for the apprehension of the cited person if such language has been omitted. E. Delivery. Working copies of papers requiring thorough consideration by the Court shall be delivered to the Judge's chambers in an appropriate period prior to trial or the hearing therein, but not less than two (2) working days prior to the commencement thereof. Working copies need not be delivered until a hearing has been set in the cause of action involved. F. Documents. Such papers shall include briefs, memorandums of authority, lengthy affidavits, pleadings, and admitted exhibits. Said briefs or memorandums of authority shall contain statements of the legal issues involved and the authority supporting the same. Nothing herein shall be construed to restrict the right of any parties to submit further briefs or memorandums of authority at any other time during the trial of the case. G. Three Hole Punched. All working copies shall be punched for a three-ring binder and shall not be stapled. H. All pleadings shall be typed and double-spaced on pleading paper (numbered lines). The practice of incorporating hand written statements by witnesses or parties by add ending same to declarations or affidavits will not be allowed. I. Length. No pleading shall exceed ten pages in length exclusive of exhibits thereto. J. Pro Se Pleadings. Pro Se Pleadings shall be typewritten or neatly printed in black or dark blue ink, shall conform to the format requirements of GR 14, and shall contain the party's mailing address and street address where service of process and other papers may be made upon him/her.

September 1, 2017

Rule 9 A NEW TRIAL, RECONSIDERATION AND AMENDMENT OF JUDGMENTS A. Motion for Reconsideration, Time for Motion; Contents of Motion. A motion for reconsideration shall be filed and noted-not later than 10 days after entry of the judgment, decree, or order. The Motion shall be noted on the Court's motion docket to be heard not sooner than 30 but not later than 40 days after entry of the judgment, decree, or order unless the Court directs otherwise. The Court shall be served by hand delivery of a motion and all the supporting pleadings to the office of the Superior Court Administrator. The documents shall be clearly identified as a motion for reconsideration, and shall clearly state the date of the judgment, decree, or order was entered, and the names and addresses of opposing counsel. B. Hearing on Motion for Reconsideration. A motion for reconsideration shall be submitted on briefs and affidavits of the moving party only. No response shall be submitted by the opposing party, nor shall oral argument be heard, unless the Court so directs. The Court shall notify the parties, not later than 10 days before the hearing, whether: (1) the motion has been denied and the hearing stricken; or (2) oral argument and / or responsive pleadings will be allowed.

September 1, 2017

RULE 10 PROPOSED JURY INSTRUCTIONS

A. Proposed jury instruction/s shall be typewritten. Each instruction shall be typed on a separate sheet of paper which bears no marking identifying either the party or the attorney presenting the instruction. No citation or other extraneous matter shall appear on a proposed instruction, except as hereinafter provided. B. On or before the pretrial hearing, the proposed instructions shall be distributed as follows: 1. One assembled and numbered copy containing citations of authority, including the number of any applicable Washington Pattern Instruction, shall be filed with the Clerk; 2. The original, unassembled, unnumbered and without citations shall be delivered to the Court; 3. One copy numbered, assembled, and containing the citations of supporting authorities, including the number of any applicable Washington Pattern Instruction, shall be delivered as follows: One to the Court and one to opposing counsel. C. Copies of Washington Pattern Instructions are not provided by the Court. If such instructions are proposed, they must be submitted in typed form with the suitable number of copies as outlined above.

RULE 11 EXHIBITS

A. Pre-marking. Counsel shall arrange with the Clerk for the marking of all exhibits prior to the trial. B. Copies. Unless the making of copies is impractical, legible copies of exhibits shall be furnished to opposing counsel and the court, and numbered the same as marked by the Clerk. This rule shall not apply to rebuttal or impeachment exhibits not required to be offered in the party's case in chief. C. A descriptive list of the proposed exhibits shall be e-mailed to the clerk no later than two working days prior to the trial date. D. Offers for Admission. Counsel shall offer exhibits for admission. A motion for admission is not required.

RULE 12 COURT REPORTING

A. Pre- trial and post- trial civil motions and other proceedings will not be recorded by a reporter unless requested by a party to the action, or as directed by the Court. B. Civil trials will be reported only on a request of a party to the action, which party shall arrange for a court reporter to be in attendance. The cost of such reporter shall be an expense of the requesting party or parties. C. In criminal matters, all pre-trial motions and appearances will be recorded electronically, and the Court will arrange for a court reporter to be in attendance for criminal trials at the expense of Adams County. D. If partial transcripts are made of the record during proceedings in Superior Court a copy of such transcription shall be furnished to the Judge.

RULE 13 JURORS

a. Examination of Jurors. 1. At the commencement of trial the Clerk will assign numbers randomly, beginning with the number one, to all jurors called for trial. If a criminal defendant objects to this procedure the numbers will be drawn by the Clerk in open court at the beginning of the trial. A. Prior to the questioning of prospective jurors by counsel, the Court will allow time for counsel to review juror profiles and questionnaires. B. These jurors will be given placards with their assigned numbers on them. These will be large enough to be easily read by the Court, counsel, and the court reporter. The jurors will arrange themselves in order as directed by the Court. C. If alternate jurors are to be selected, the parties are encouraged to stipulate that all preemptory challenges will be exercised against the entire panel. Otherwise, each side will only be allowed the number of peremptory challenges (s) against the alternate juror or jurors as allowed by CR 47(b).

2. The Court will then ask general questions of the prospective jurors. A. "General questions" mean those questions that are designed to discover those jurors who should be excused for cause (e.g., those prospective jurors who are related to a party or who cannot be available for the full time the trial is estimated to take). B. Counsel may request general questions to be asked by the Court as long as they meet the definition in section (2)(A) above. 3. After prospective jurors have been excused for cause, the Court may excuse those jurors who are in excess of the number needed for the trial. The number needed for the trial will be equal to 12 plus the number of alternates, plus the total number of peremptory challenges to which all parties are entitled, plus two to five additional as a cushion for possible additional challenges for cause. 4. Counsel will then question the remaining prospective jurors. A. Each side will have ninety (90) minutes for questioning. Each side may reserve that amount of the allotted time as allowed by the Court for additional questions following the questioning by the other side. Any time expended in arguing a challenge for cause will not be charged to either side. B. The times set forth in section (4)(A) above may be expanded by the Court for good cause shown, such as an extremely complicated case or multiple parties. C. Counsel may use their allotted time in any manner and may question prospective jurors in any order. Counsel may ask group questions or ask jurors to respond to remarks made by other members of the jury panel. (e.g., the first question may be addressed to juror #3 in the box, then a question addressed to the entire panel, or just to jurors #3 and #9 etc.) D. Challenges for cause must be made when they are discovered. E. Objections to questions are made in the usual manner. F. If counsel is pursuing an important issue that relates to the qualifications of the prospective jurors to serve, and time has run out, counsel may request that the Court grant additional time. G. The entire panel of prospective jurors is passed for cause when counsel so announces or when the time allotted has been consumed. H. The procedure set forth in this rule shall not apply to cases involving charges of aggravated first degree murder as defined by RCW 10.95.020 if a notice of special sentencing proceeding has been filed. 5. The parties then exercise their peremptory challenges.

A. All peremptory challenges shall be exercised in open court. B. Challenges may be made to jurors who are not seated in the box. C. When a peremptory challenge is exercised, the next juror on the bench with the lowest number shall replace the juror who was excused from the jury box. D. The parties are encouraged to stipulate regarding peremptory challenges per Rule 47(a) (2) (A). E. Upon request of counsel, time will be allowed between voir dire and the exercise of peremptory challenges. 6. Additional provisions. A. Counsel may submit, and Court may allow, special questionnaires focused to the specific case (or type of case) to be submitted to the jurors to answer on the morning of trial before the voir dire process begins. Copies will be made and available to counsel during the questioning of the jurors. Counsel must submit proposed questionnaires to the Court and serve copies on opposing counsel at least five days prior to trial. If this is not done, the Court, in its discretion may not allow special questionnaires. (If a standard questionnaire has been adopted by the Court for particular types of cases counsel may refer to the standard questionnaire rather than serving copies.) b. Jury-Jurors. Jurors shall be called on a one trial/one day basis. Those b. persons selected to serve on a jury will be obligated for the duration of that one trial.

RULE 14 GUARDIAN AD LITEM TRAINING AND QUALIFICATION

A. Registry. The Court Administrator shall maintain a registry of persons who are willing and qualified to act as Guardians Ad Litem in guardianship matters. The Court will select as guardians ad litem only persons appearing in the registry, except in extraordinary circumstances. B. Eligibility. In order to be eligible for the registry, a person must file with the court administrator a written Statement of Qualifications as prescribed by RCW 11.88.090 (3)(b)(i) and Certificate of Completion of Training evidencing the completion of the training program approved by the Superior Court. C. Appointment. The Court shall appoint as guardian ad litem only a person free from influence of anyone interested in the result of the proceeding. A copy of the guardian ad litem Certificate of Completion of Training shall be filed in each proceeding in which the person is appointed guardian ad litem. D. Guardian Ad Litem Training Program. Training shall be pursuant to RCW 11.88.090. This training program will be given in conjunction and cooperation with other Washington counties and is scheduled throughout the year by the Administrative Office of the Courts.

RULE 15 Rescission, Modification or Renewal of No-Contact Orders

A protected party or parent/guardian of a protected party who is a minor desiring to rescind, modify or renew a statutory no contact order may contact the Clerk of the Court for pre-printed forms necessary. Such motions shall be noted to the motion docket and be served personally upon the respondent at least five days in advance thereof. In the case of no contact orders issued in a criminal case, the office of the Adams County Prosecuting Attorney shall also be served. Proof of service shall be filed before the matter is heard. The factors the Court will consider in determining whether to rescind, modify or review no-contact orders include but are not limited to whether the victim has had a chance to make alternate plans for safety, the status and nature of any criminal proceedings against the respondent/defendant. The respondent's /defendant's compliance with the terms of his/her Judgment and Sentence, whether the respondent/defendant has completed any course of education or counseling addressing perpetrators of violence, and other risk factors.

Petitioners are strongly recommended to consult with a domestic violence advocate prior to the hearing. The clerk of the court shall maintain a list/directory of domestic violence victim advocacy programs available in Adams County and abutting counties. If a no-contact order is rescinded, modified or renewed the order rescinding, modifying or renewing the original order shall be forwarded to applicable law enforcement agencies by the Clerk of the court.

RULE 16 SUSPENSION OR MODIFICATION OF RULES

The Court may suspend or modify any of the foregoing rules, in any given case, upon good cause being shown therefore or upon the Court's own motion.

RULE 17 EFFECTIVE DATE The rules replace and supersede all existing Adams County Superior Court rules and become effective September 1, 2017. They shall be cited as ACLR (Adams County Local Rules).

LCR 5 SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS (e) Filing with the Court. (1) Bench Copies. In Columbia and Garfield Counties, bench copies of documents need not be submitted. In Asotin County, bench copies need not be, submitted on any case originating in 2016 or newer. In all Asotin County cases older than 2016, bench copies are appreciated but not required. All bench copies may be submitted via email to the court administrator at [email protected]. Parties without access to a computer and the internet may deliver bench copies to the Court Administrator. All bench copies must be submitted not later than nine (9:00) o'clock a.m. one court day prior to the scheduled hearing, proceeding or trial. No bench copies shall be submitted to the Court unless prior thereto or simultaneously therewith a copy thereof has been served upon or mailed to opposing counsel. (2) Documents Not to be Filed. Photocopies of reported cases, statutes or texts shall not be filed as an appendix to a brief or otherwise but may be furnished directly to the judge hearing the matter. Documents or copies thereof produced during discovery and other items which should properly be received as exhibits rather than as a part of the court file shall not be included in the court file. Effective September 1, 2018

LCR 6 TIME

(d) For Motions - Affidavits. (1) Notes for Civil Motions Calendar. Responding documents and briefs must be filed with the clerk and copies served on all parties and the court no later than 12:00 noon, two (2) court days prior to the hearing. Copies of any documents replying to the response must be filed with the clerk and served on all parties and the court not later than 12 noon of the court day prior to the hearing. This section does not apply to CR 56 summary judgment motions. Absent prior approval of the court, responsive or reply materials will not include either audio or video tape recordings. (2) Notes for Family Law Motion Calendar. Any party desiring to bring any family law motion, other than a motion to reconsider (governed by LCR 59), on the family law motion calendar must file such motion documents with the Clerk and serve all parties and the court at least twelve (12) days before the date fixed for such hearing. Responding documents and briefs must be filed with the clerk and copies served on all parties and the court no later than 12:00 noon, five (5) court days before the hearing. Copies of any additional responding or reply documents must be filed with the clerk and served on all parties and the Court not later than 12:00 noon, three (3) court days before the hearing. Absent prior approval of the court, responsive or reply materials will not include either audio or video tape recordings.

(3) Late Filing. Any material submitted later than required by this rule, upon objection of counsel, may be rejected by the Court, or the matter may be continued and/or the court may impose appropriate terms or sanctions.

LCR 7 MOTIONS AND HEARINGS

(5) Telephonic argument. Arguments on motions are to be conducted in person, except that, by specific arrangement with the court administrator at least two days before a hearing, argument may be made by telephone PROVIDED, (1) that all parties agree to telephonic argument; and (2) that the judicial officer before whom the hearing will be conducted approves of telephonic argument. A party may withhold agreement to telephonic argument only for reasonable, articulable cause. For good cause shown, on motion of a party, the court may order telephonic argument of a motion in the absence of such agreement. A motion to allow or disallow telephonic argument shall itself be argued by telephone unless all affected parties are before the court when the motion is made. (6) Verbatim record. By utilizing and/or consenting to the option to appear and argue telephonically, each party stipulates that any portion of the proceedings which is inaudible to any the reporter transcribing the record will be noted as such in the record without jeopardy to the reporter or to any transcript being deemed accurate and complete. (7) Time Limits for Hearings. Civil and domestic/family law and motion dockets are limited to matters typically requiring no more than ten (10) minutes to present. Matters expected to exceed that limitation must be specially set by the Court or its administrator. (8) Required Special Settings. The following matters may not be noted on the court's regular dockets, but must be specially set with the court administrator: motions for summary judgment; arguments on the merits in appeals from lower courts or tribunals; child hearsay (Ryan) hearings. (9) Hearings on Requests for Temporary Orders. Hearings with respect to all temporary orders, including adequate cause, in dissolution, parentage and family law matters shall be held and determined upon affidavits, declarations, and argument only. Said affidavits or declarations shall be filed and served in the same manner as other pleadings and orders in civil cases and as prescribed by this rule. When any order has been applied for and refused in whole or in part or has been granted conditionally and the condition has not been performed, the same application for an order must not be presented to another judge without advising the second judge of the fact that the order was previously refused or conditioned and that application is again being made.

(10) Non-contested Dissolution. These cases may be heard on the Court Docket days set forth in LCR77. Non contested dissolution cases may also be presented to the Superior Court Judge in Chambers without the appearance of either party. The jurisdictional testimony and other testimony in support of the dissolution must be done in affidavit form or a declaration pursuant to GR 13. (11) Proposed Orders. A proposed form of order, which the Court may adopt, modify, or reject consistent with the decision of the Court, shall be served with the motion or response to motion. Proposed orders should not be filed with the clerk. (12) Originals of Proposed Orders. Originals of proposed orders shall be retained by counsel for presentation at the hearing on the motion.

LCR 16 PRETRIAL PROCEDURE AND FORMULATING ISSUES/ MEDIATION (c) Pre-Trial Conference in Non Domestic Civil Cases. Any pre-trial conference should be held not less than two weeks prior to the trial date unless otherwise scheduled by the Court. (d) Exhibits. Parties shall notify the trial judge and the opposing party by letter, fax copy, or electronic mail if that party anticipates offering 25 exhibits or more at time of trial. Said notice shall be given no less than 2 weeks prior to the trial date unless the proffering party could not reasonably known of their existence prior to that time. (e) Settlement Conference in Non Family Law Cases on Court's Motion. The court to which a case is assigned for trial may, upon its own motion, either before or after a trial date has been set, order a settlement conference in any pending case, and a settlement conference shall be held. (1) Preparation and Attendance. The attorney personally in charge of each party's case shall personally attend all settlement conferences unless telephonic participation has been approved by the Court. Not less than three (3) days prior to the date set for the settlement conference, serve on the assigned judge or commissioner and the attorney for the opposing party a letter succinctly addressing the following: a. A brief factual summary; b. Issues regarding liability; c. Issues regarding damages, both special and general;

d. History of any settlement negotiations; and e. Current position on settlement. (2) Attendance of Parties. The parties shall in all cases attend the settlement conference. Parties whose defense is provided by a liability insurance company need not personally attend said settlement conference, but a representative of the insurer of such party, if such a representative is available in the county in which the matter is pending, shall attend with sufficient authority to bind the insurer to a settlement. In the event such a representative is not available, counsel representing the party whose defense is provided by the insurer shall make a good faith effort to obtain settlement authority to bind the insurer to a settlement prior to the settlement conference. Attendance of any party may be excused by the court where by reason of health, or other good and sufficient reason, compelling his/her personal attendance would be unduly burdensome. Whether or not the attendance of any party is required shall rest in the discretion of the Judge or Commissioner scheduled to conduct the conference. (3) Proceedings Privileged. Proceedings of said settlement conference shall, in all respects, be privileged and shall not be reported or recorded. No party shall be bound unless a settlement is reached. When a settlement has been reached, the judge may, at the request of any party, in his discretion, order the settlement to be reported or recorded. (4) Sanctions. Where a party has wilfully failed to comply with any of the provisions of this rule the court may make such orders as are just which may also include the award of reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. (f) Pre-Trial Procedure in Domestic Relation Cases. (1) Mandatory Mediation in Domestic Relations Cases. All contested issues in every domestic relations case, except matters limited to child support, establishment of paternity, or the existence of adequate cause, shall be submitted to mandatory mediation before proceeding to trial. Mediation shall be completed 30 days prior to trial. The mediation requirement or time limits may be waived or modified by the Court upon motion for good cause shown or upon the Court's motion. Sanctions in accordance subsection (e)(4) above may be imposed by the Court against a party found not to have participated in mediation in good faith. (2) Mediation No Stay. Mediation does not stay or otherwise affect the rights and duties of the parties established by statute, court rule, or court order. (3) Selection of Mediator. The parties may choose their own mediator approved by the Court. Absent an agreement, upon motion of either party, the Court will select a mediator. The parties are responsible for the cost of mediation equally unless otherwise ordered by the Court. (4) Authority of Mediator. The mediator has the authority to set the time, place, manner, duration of mediation, and retainer required to be paid by both parties before mediation will commence. The mediator also has the right to terminate mediation. (5) Participation. Only the parties and their counsel shall attend mediation sessions, unless leave is granted by the mediator for other persons to attend and/or participate. The mediator is empowered to exclude non-parties from the premises where the mediation is taking place in order to minimize disruption to the process. (6) Report. Within seven (7) days of completion of mediation, a declaration of completion shall be filed with the Court by the mediator. The parties shall be advised by the mediator of the results of mediation in writing. The mediator shall advise the Court whether or not an agreement has been reached on some or all of the issues. (7) Payment. Mediators shall be paid by the parties in accordance with their agreement, and if none, as determined in mediation or ordered thereafter by the Court. (8) Proceedings Privileged. The work product of the mediator and all communications to the mediator during the mediation process are confidential and may not be disclosed. The mediator shall not appear to testify in any court action except as may be necessary to secure payment of the mediator?s fees. (g) Pretrial Statement-Contested Dissolutions. In any action for dissolution of a marriage in which property division, the parenting plan, spousal maintenance or child support is an issue, each party shall serve on the other party and file with the court a written summary setting forth: (1) Statement of the issues. (2) A statement of the party's proposed resolution of the issues. (3) A description and valuation of the assets and liabilities of the parties, together with a proposed division thereof. (4) The party's proposed parenting plan. (5) Child Support calculations. Each party's written summary must be served and filed no later than five (5) days before the pretrial conference or settlement conference, whichever occurs first. Failure to timely serve and file the summary as required may result in sanctions. Effective September 1, 2018

LCR 32 USE OF DEPOSITIONS IN COURT PROCEEDINGS

(a) Use of Depositions. (6) Video Depositions. When presenting video depositions, a written deposition must also be filed. The videotape may be returned after the appeal period, regardless of whether it is published or not.

LCR 37 FAILURE TO MAKE DISCOVERY; SANCTIONS

(f) Completion of Discovery. Unless otherwise stipulated to by the parties, or ordered by the Court upon good cause shown and such terms and conditions as are just, all discovery allowed under CR 26 through 37, including responses and supplementation thereto, must be completed no later than 35 calendar days prior to the date assigned for trial. Nothing herein stated shall modify a party's responsibility to seasonably supplement responses to discovery requests or otherwise comply with discovery prior to the 35-day cutoff.

LCR 47 JURY SELECTION

(d) Procedure. The Court will use a struck jury method of jury selection as follows: (1) Jury Pool. A list constituting the jury pool and copies of juror profiles for a particular trial will be available prior to or on the morning of trial. (2) Assigning seat numbers for jurors. The jury administrator shall assign seat numbers to jurors in consecutive order based on their order of appearance in a randomly generated list. Counsel and parties do not need to be present during this process. (3) Seating jurors. The Jury Administrator and /or bailiff will provide each prospective juror with a badge identifying the jurors seating number. With the assistance of the Jury Administrator and / or the bailiff, the jurors will be seated in the courtroom on the spectator benches in numerical order with their seating number badges prominently displayed. In the event a juror is absent after the seating numbers have been assigned, that juror's seat will remain vacant. Counsel may be seated facing the prospective jurors. (4) Questions by the court. The judge will begin the voir dire process with introductory information and general questions. The court may excuse a juror for cause at any time grounds for dismissal are established. Counsel may challenge for cause at any time after the judge has completed his or her examination. Any party may request the Court to ask prospective jurors appropriate additional general questions proposed in advance in writing and submitted with jury instructions. (5) Questions by counsel. The attorneys or parties will then question the jurors. (6) Peremptory challenges. When questioning by the court and counsel is completed, the Court will allow the private exercise of peremptory challenges by striking name of the first exercised challenge from the panel of the first 12 jurors remaining after the entire panel has been passed for cause. Subsequent strikes will be made from the panel of the first twelve remaining after each successive peremptory strike. (7) Alternate jurors. If the Court elects to seat an alternate juror, the alternate is the next juror remaining in numerical order after the jury of twelve has been selected. Additional peremptory challenges will be added for the alternate and may be exercised in the same fashion as with respect to the regular jurors.

LCR 51 JURY INSTRUCTIONS (b) Submission. Ten (10) days prior to trial, Plaintiff/Petitioner shall prepare, file, and serve a two sets of proposed instructions. The first set shall numbered and shall contain citations either to the WPI number or the appropriate authority for the instruction. The second set shall be "clean" and will be unnumbered and contain no citations to authorities. Plaintiff/Petitioner shall also submit a cover sheet, verdict form(s), and witness list along with its proposed jury instructions. The Defendant/Respondent shall prepare, file, and serve any new or additional instructions without duplication of the instructions submitted by Plaintiff/Petitioner, and a witness list. In civil cases, a statement of the case to the prospective jurors shall be submitted at the same time. (c) Numbering and Arrangement. Citations shall be in the lower left-hand corner. All instructions shall be arranged in a logical order. All instructions with citations of authority shall be numbered by the submitting party at the top center of the first page.

LCR 53.2 COURT COMMISSIONERS

(e) Revision by the Court. (1) Motion Content and Service Deadlines. A party seeking revision off a Court Commissioner's ruling shall within ten (10) days of entry of the written order, file and serve a Motion for Revision. The motion must set forth specific grounds for each claimed error and argument and legal authorities in support thereof. The motion shall be accompanied by a copy of the order for which revision is sought, along with copies of all papers which were before the Commissioner in support, or in opposition in the original proceedings. A copy of the motion and all supporting documents shall be provided to all other parties to the proceedings and to the Court Administrator who shall refer the motion to the appropriate Judge for consideration. The responding party shall have five (5) working days from the receipt of the motion to file a written response with the Clerk and provide copies to all other parties and to the Court Administrator. (2) Transcript Required. When seeking revision of a ruling of the Court Commissioner which was based on testimony, such testimony must be transcribed and attached to the motion. If the transcript is not timely available, the moving party must set forth arrangements which have been made to secure the transcript. (3) Review is De Novo. Review of the Commissioner's order shall be de novo based on the pleadings and transcript submitted and without oral argument unless requested by the reviewing Judge. (4) Scope of Motion. The Judge may deny the motion, revise any order or judgment which is related to the issue raised by the motion for revision or remand to the Commissioner for further proceedings. The Judge may not consider evidence or issues which were not before the Commissioner or not raised by the motion for revision. The Judge may consider a request for attorney fees by either party for the revision proceedings. (5) Effect on Commissioner's Order. The Court Commissioner's written order shall remain effective unless and until revised by the Judge or unless stayed by the Judge pending proceedings related to the motion for revision.

LCR 59 MOTION FOR RECONSIDERATION (e) Hearing on Motion. (3) Nature of Hearing. A motion for reconsideration or for a new trial shall be submitted on briefs and declarations or affidavits only, without oral argument, unless the trial judge, on application from counsel or on the judge's own motion, allows oral argument. The judge will notify counsel if oral argument is to be allowed. Copies of such motions for reconsideration, copy of note for motion calendar and responses thereto shall be delivered to the judge at the time of filing.

LCR 77 SUPERIOR COURTS AND JUDICIAL OFFICERS

(f) Sessions. The Court shall be in session on all judicial days from 8:45 a.m. to 12:00 noon, and from 1:15p.m. to 4:30 p.m. Cases may be set for other dates and times. Normally jury trials begin at 9:00 a.m. and non-jury trials begin at 9:30 a.m. In case of conflict, the cases will be heard according to priority assigned on the basis of the nature and age of the case. In event of a conflict which prevents a trial from beginning as scheduled, parties will be expected to be available to commence the trial at the next available date. (1) At this time, the regular docket days for each county are: Asotin County's Superior Court schedule is as follows: 1st, 3rd and 4th Mondays of the month; and 1st and 3rd Tuesdays of the month: Columbia County's Superior Court schedule is as follows: 1st and 3rd Wednesdays of the month: Garfield County's Superior Court schedule is as follows: 1st and 3rd Thursdays of the month:

For updated information regarding the Court's calendar or to obtain a special setting for matters requiring more than ten (10) minutes to present, contact the Court Administrator at 509-243-2082. Additional information for each county can be found online. A COURT REPORTER WILL NOT BE PROVIDED FOR ANY MATTER SCHEDULED ON ANY CALENDAR. ALL MATTERS WILL BE DIGITALLY AUDIO RECORDED. (2) Holiday Scheduling - These Court schedules will be altered when affected by Holidays. Please check with the Court Administrator for the next docket date - (509) 243-2082. (3) The Judge may by order further alter these court schedules as needed and as available courtroom space requires. (4) Ex parte matters and emergency orders and writs will be considered at the opening of court each day prior to the commencement of trial or the regular court calendar or at such other time as the judges and/or court commissioners are available. Non-emergency matters shall be left with the Clerk and the judge/commissioner will consider the same when available.

LCR 81 APPLICABILITY IN GENERAL

(a) To What Proceedings Applicable. (1) Generally. In general, procedure in this Court shall be in accordance with pertinent Washington Court Rules as heretofore or hereafter adopted by the Supreme Court of Washington. These local rules are intended only to supplement those rules and are numbered, insofar as possible, to conform to the existing numbering system. The Rules shall also apply to criminal cases insofar as they are applicable. (2) Suspension of Rules. The Court may modify or suspend any of these Rules in any given case, upon good cause being shown therefore, or upon the Court's own motion.

NOTE FOR CALENDAR (NTC) - CLERK’S ACTION REQUIRED The contents of this item are only available on-line.

NOTE FOR TRIAL The contents of this item are only available on-line.

LGALR 2 GENERAL RESPONSIBILITIES OF GUARDIAN AD LITEM

(d) Any person successfully completing the CASA GAL training program offered by the Second Judicial District for the State of Idaho in Nez Perce County with Washington supplementation or similar training in this State shall qualify for the Court's RCW 13.34.102 registry for any county in the District upon request and submission of credentials.

LGALR 7 GRIEVANCE PROCEDURES

(1) Complaint. Any grievance or dispute regarding any Guardian ad Litem shall be presented in writing to the Court for submission to a committee of not less than three persons selected by the Court, two of whom must be elected for the respective county, and the third, the Juvenile Court Administrator of the respective county. The committee shall have the authority to obtain a written response, hold a hearing, and make recommendations to the Court ranging from dismissal of the grievance to removal and replacement of the Guardian ad Litem. (2) CASA. If the complaint involves a Guardian ad Litem from the Court Appointed Special Advocates Association, the grievance resolution procedure set forth by the association may be substituted by order of the Court provided that the resolution can occur within the time frame set forth in subsection (3) below. (3) Time. The complaint must be resolved within 25 days for any complaint filed while a case is pending or 60 days for any complaint filed subsequent to the conclusion of a case.

LSPR 98.16W APPROVAL OF FEES IN CERTAIN CASES

(f) When the Court is called upon to fix the compensation for acting on behalf of a minor or a disabled person, the following guidelines shall be considered: (1) Settlement less than $500,000. If the case is settled and the amount of settlement is $500,000 or less, the attorney's fees should not exceed 1/3 of the amount recovered, exclusive of costs of suit. (2) Settlement over $500,000. If the amount of a settlement is over $500,000, the attorney's fees should not exceed 1/3 of the first $500,000 recovered, exclusive of costs of suit, and 25% of the excess over $500,000 recovered, exclusive of costs of suit. (3) Costs of Suit Defined. For these purposes, "costs of suit" shall mean the expenses of litigation. (4) If there is an appeal, an additional reasonable fee will be considered.

LCrR 4.9 FINAL PRETRIAL CONFERENCE (a) Counsel shall, at the time of final pretrial either call a case ready for trial or strike the case from the trial date on which it is scheduled. Counsel shall advise the Court of any final pretrial matters to be decided by the court. Pretrial matters requiring argument shall be noted for hearing prior to the morning of the trial. Jury trials should be conducted with minimal interruptions of the jury's time. To this end, matters which need to be heard outside the presence of the jury should be anticipated so that they can be considered during jury breaks or before or after the jury's day. After final pretrial, if counsel for either party intends to request a continuance of a matter set for trial, counsel shall file motion to continue no later than close of business three days before the matter is set for trial - except that if the trial is set for a Monday, counsel shall submit the motion to continue by close of business the preceding Thursday. The motion to continue shall state (1) the basis for the continuance; (2) whether opposing counsel opposes the continuance; (3) proposed case management dates (e.g. pretrial conference date and trial date) and (4) counsel?s representation of the speedy trial deadline which would result if continuance is granted. Effective September 1, 2018.

LCrR 6.3 SELECTING THE JURY

(a) The procedure used for jury selection in a criminal case shall be as set forth in LCR 47.

BENTON/FRANKLIN SUPERIOR COURT LOCAL COURT RULES TABLE OF RULES LOCAL ADMINSTRATIVE RULES (LAR) LAR 4 More Than One Judge in Superior Court District LAR 5 Distribution of Court Records by Clerks [Reserved] LOCAL GENERAL RULES (LGR) LGR 2 Administrative Presiding Judge and Assistant Administrative Presiding Judge LGR 3 Files and "Paperless Court" LGR 16 Courtroom Photography and Recording LGR 17 Facsimile Transmission LGR 35 Authorized Transcriptionist

LOCAL CIVIL RULES (LCR) LCR 4 Civil Case Schedule LCR 4.1 Cancellation or Confirmation of Status Conference LCR 5 Briefs, Proposed Orders, and Electronic Service LCR 7 Pleadings Allowed; Form of Motions LCR 16 Pre-Trial Procedure LCR 40 Assignment of Cases LCR 42 Consolidation; Separate Trials LCR 47 Jurors LCR 48 Juries of Less Than Twelve LCR 51 Instructions to Jury and Deliberation LCR 52 Findings of Fact and Conclusions of Law LCR 53.2 Court Commissioners LCR 56 Summary Judgment LCR 58 Entry of Judgment LCR 59 New Trial, Reconsideration, and Amendments of Judgments LCR 64 Seizure of Person or Property LCR 65 Injunctions LCR 77 Superior Courts and Judicial Officers LCR 79 Books and Records Kept by the Clerk LCR 81 Applicability in General LOCAL DOMESTIC RELATION RULES 94.04W Domestic Relations 94.05W Mandatory Parenting Seminars 94.06W Mandatory Mediation of Child Placement and Visitation Issues 94.07W Domestic Relations Motions 95.00W Domestic Relations Waiver of Age to Marry 96.00W Change of Name of Stepchild

LOCAL SPECIAL PROCEEDINGS RULES (LSPR) LSPR 98.18 Court-Created Trusts LSPR 98.20 Estates-Guardianships

LOCAL GUARDIAN AD LITEM RULES (LGAL) LGALR 1 Scope LGALR 2 Registry Administration LGALR 5 Appointment of Guardian Ad Litem LGALR 7 Grievance Procedure

LOCAL MANDATORY ARBITRATION RULES (LMAR) LMAR 1.1 Application of Rules LMAR 1.2 Matters Subject to Arbitration LMAR 2.1 Transfer to Arbitration LMAR 2.3 Assignment to Arbitrator LMAR 3.1 Qualifications of Arbitrators LMAR 3.2 Authority of Arbitrators LMAR 4.2 Discovery LMAR 4.4 Notice of Settlement LMAR 5.1 Notice of Hearing LMAR 5.2 Pre-Hearing Statement of Proof - Document Filed with Court LMAR 6.1 Form and Content of Award LMAR 6.2 Filing of Award LMAR 7.1 Request for Trial De Novo - Calendar - Jury Demand LMAR 8.3 Effective Date LMAR 8.4 Title and Citation LMAR 8.6 Compensation of Arbitrator LMAR 8.7 Administration

LOCAL CRIMINAL RULES (LCrR) LCrR 2.3 Review of Sealed Affidavits and Search Warrants LCrR 3.1 Right to and Assignment of Counsel LCrR 3.2 Release of Accused LCrR 3.4 Court Appearance of Defendants LCrR 4.2 Pleas and Continuances LCrR 4.5 Omnibus Hearings LCrR 4.9 Pre-Trial Hearings LCrR 4.11 Trial Confirmation LCrR 7.1 Procedure Before Sentencing LCrR 7.2 Sentencing LCrR 8.2 Expedited Consideration of Motions

LOCAL JUVENILE COURT RULES (LjuCr) LjuCr 1.1 Scope of Rules, Purpose of Rules, Effective Date, Amendments LjuCr 1.6 Juvenile Court Administrator Duties and Authority LjuCr 1.7 Court Forms LjuCr 1.8 Publication LjuCr 1.9 Continuances LjuCr 1.10 Issuance and Service LjuCr 1.12 Briefs and Other Documents LjuCr 2.3 Shelter Care Hearings LjuCr 2.4 Case Schedule LjuCr 3.2 Dependency Petitions LjuCr 3.3 Case Conference LjuCr 3.4 Telephone Status Conference LjuCr 3.5 Uncontested Fact-Finding Date LjuCr 3.6 Contested Fact Finding Hearings LjuCr 3.7 Disposition Hearing LjuCr 3.8 Dependency Review Hearing LjuCr 3.9 Guardianship in Juvenile Court LjuCr 3.10 Final Parenting Plans LjuCr 4.1 Invoking Jurisdiction of Juvenile Court LjuCr 4.2 Pleadings LjuCr 4.3 Notice of Termination Hearing LjuCr 4.4 Discovery in Proceedings to Terminate Parent-Child Relationship LjuCr 4.5 Scheduling the Termination Hearing of Parental Rights Hearing/Pre-trial Hearing LjuCr 6.6 Termination/Modification of Diversion Agreements LjuCr 7.3 Detention and Release LjuCr 7.6 Arraignment and Pleas LjuCr 7.7 Pleas of Guilty LjuCr 7.12 Dispositional hearing - Offender Proceedings LjuCr 7.15 Motions - Juvenile Offense Proceedings LjuCr 7.16 Bail LjuCr 7.17 Bench Warrants LjuCr 7.18 Violations of Community Supervision LjuCr 8.3 Declining Juvenile Court Jurisdiction Over an Alleged Juvenile Offender LjuCr 9.2 Right to Counsel LjuCr 9.4 Appointment of Non-lawyer Guardian Ad Litem LjuCr 10.2 Recording Juvenile Court Proceedings LjuCr 10.3 Inspection/Release of Information LjuCr 10.10 Notice and Advisement Juvenile Offender Records

Local Administrative Rule 4 MORE THAN ONE JUDGE IN SUPERIOR COURT DISTRICT Reapplication for Order. When an order has been applied for and refused in whole or in part or has been granted conditionally and the condition has not been performed, the same application for an order must not be presented to another judge without advising the second judge of the fact that the order was previously refused or conditioned.

[Adopted Effective September 1, 2018]

Local Administrative Rule 5 DISTRIBUTION OF COURT RECORDS BY CLERKS [RESERVED] [Adopted Effective September 1, 2018]

Local General Rule 2 Administrative Presiding Judge and Assistant Administrative Presiding Judge

(a) Election, Term, Vacancies, and Removal.

(1) Election. The administrative presiding judge and assistant administrative presiding judge shall be elected by a majority vote of the judges. Said elections shall occur at the December judge's meeting in odd numbered years.

(2) Term. The administrative presiding judge and assistant administrative presiding judge shall each serve for a term of two years. The terms of the presiding judge and assistant presiding judge first elected pursuant to this rule shall expire on December 31, 2003.

(3) Vacancies.

(A) Administrative Presiding Judge. In the event of a vacancy in the office of the administrative presiding judge prior to the completion of the two-year term of the administrative presiding judge, the assistant administrative presiding judge shall serve as administrative presiding judge for the remainder of the un-expired term.

(B) Assistant Administrative Presiding Judge. In the event of a vacancy in the office of the assistant administrative presiding judge prior to the completion of the two year term of the assistant administrative presiding judge, a new assistant administrative presiding judge shall be elected pursuant to subsection (1) above at the next regularly scheduled judge's meeting. The newly elected assistant administrative presiding judge shall serve for the remainder of the un-expired term.

(4) Removal. The administrative presiding judge and assistant administrative presiding judge may be removed by a majority vote of the judges after noting the issue on the agenda for the next regularly scheduled judge's meeting.

(5) Executive Committee. The Judges of the Superior Court, sitting as a whole as an executive committee, shall advise and assist the administrative presiding judge in the administration of the court.

(6) Liaison Judges. Individual judges may be assigned responsibility for certain management areas and court functions. The responsibility of the assigned judge is to act as a liaison between the court and others concerned about matters that fall within the management area or court function. The assigned judge shall keep the administrative presiding judge and executive committee informed about the management area or court function and shall make such reports as are necessary to the executive committee at the regularly scheduled judges meetings. The court administrator shall maintain the list of the liaison assignments that shall be available, upon request, to the public.

(7) Court Administrator. The court administrator shall, under the direction of the executive committee, supervise the administration of the court.

[Adopted effective April 9, 2002, September 1, 2010]

Local General Rule 3 FILES AND "PAPERLESS COURT" (a) The clerks of Benton and Franklin Counties shall keep and maintain paper files for all cases and file types, by forthwith filing all pleadings and papers in paper files, except as may be otherwise authorized in writing by the Court. (b) The clerks of Benton and Franklin Counties shall make up-to-date paper files for all cases and case types available to the Court,as directed by its judicial officers. (c) While paperless courts are preferable, they should only be implemented after careful consideration of the impacts upon the Court, the legal community and the public, and only after case management systems have been configured so all of their capabilities are realized. Accordingly, neither clerk shall attempt or purport to operate with "paperless" processes unless and until the same has been approved in writing by the court. Permission will not be granted unless the Court is satisfied that appropriate workflows and work queues have been implemented, that equipment and processes have been acquired and developed to facilitate electronic signatures, and that the paperless processes do not adversely affect the Court's ability to conduct court proceedings and other court functions. As directed by the Court, the Clerks shall work diligently, collaboratively and harmoniously with the Court to satisfy all of the conditions precedent to "paperless" court, as set forth above. In so doing, the clerks shall conform to the direction of the Court. (d) Pursuant to GR7(e) this rule shall become effective immediately upon filing the same with the Washington Administrative Office of the Courts. [Adopted Effective January 16, 2018]

Local General Rule 16 COURTROOM PHOTOGRAPHY AND RECORDING

(a) Video and audio recording and still photography are allowed in the courtroom during and between sessions only if permission has first been expressly granted by the judge.

[Adopted Effective September 1, 2016]

Local General Rule 17 FACSIMILE TRANSMISSION (a)(2) If a document is transmitted by any electronic means, including email, text, Facebook messaging, facsimile, or any other similar method to another for filing with a court, the person responsible for the filing may, but need not, attach an original affidavit authorized under GR 17 (a)(2). [Adopted Effective September 1, 2018, Amended Effective September 1, 2018]

Local General Rule 35 AUTHORIZED TRANSCRIPTIONISTS

(a) This rule only applies to transcripts of court proceedings, and does not apply to transcriptions of other matters, such as statements. (b) Official court transcripts may be completed and filed by (1) an official court reporter employed by the court or other certified court reporter; or (2) a court employee with job responsibilities to transcribe a report of proceedings; or (3) an authorized transcriptionist who has been approved by the Benton and Franklin Counties Superior Court hereunder. (c) The minimum qualification to become an authorized transcriptionist is (1) certification as a court reporter; (2) certification by AAERT (American Association of Electronic Reporters and Transcribers); or (3) proof of one year of supervised mentorship with a certified court reporter or an authorized transcriptionist. (d) Those wishing to become authorized transcriptionists must complete and submit, with all supporting documents, a transcriptionist Application, which can be obtained from Court Administration or at http://www.benton-franklinsuperiorcourt.com/administration/transcriptionists-1. (e) Authorizations granted under this rule shall remain in effect until withdrawn by the Court. Authorized transcriptionists shall have the affirmative duty to advise the Court immediately if they no longer meet the minimum qualifications set forth above, or if any information in their Transcriptionist Application or supporting documents is no longer accurate. (f) A list of authorized transcriptionists can be found at http://www.benton-franklinsuperiorcourt.com/administration/transcriptionists-1.

[Adopted Effective September 1, 2016]

Local Civil Rule 4 CIVIL CASE SCHEDULE

(a) Case schedule. Except as otherwise provided in these rules or ordered by the Court, when an initial pleading is filed and a new case file is opened, the Court Administrator or Superior Court Clerk will prepare and file a scheduling order (referred to in these rules as a "Case Schedule") and will provide one copy to the party filing the initial pleading. (b) Effective Date. This rule shall apply to all cases filed on or after January 1, 2001 except as provided below. (c) Cases Not Governed by a Civil Case Schedule. Unless otherwise ordered by the Court, the following cases will not be issued a Case Schedule on filing: (1) Change of name; (2) Proceedings under RCW title 26. (3) Paternity (4) Harassment (RCW chapter 10.14); (5) Proceedings under RCW title 13; (6) Unlawful detainer; (7) Foreign judgment; (8) Abstract or transcript of judgment; (9) Petition for Writ of Habeas Corpus, Mandamus, Restitution, or Review, or any other Writ; (10) Civil commitment; (11) Proceedings under RCW chapter 10.77; (12) Proceedings under RCW chapter 70.96A; (13) Proceedings for isolation and quarantine; (14) Injunction; (15) Guardianship/Petitions under TEDRA; (16) Probate; (17) Proceedings under RCW chapter 36.70C; (18) Tax Warrants; (19) Emancipation of Minor; (20) Defacto Parenting; (21) Minor Settlements; (22) Condemnations; (23) Petitions for Transfers of Structured Settlements under RCW 19.205; (24) Tax Foreclosures; and (25) Actions brought under the Public Records Act, RCW Chapter 42.56.

(d) Service of Case Schedule on Other Parties. (1) The party filing the initial pleading shall promptly provide a copy of the Case Schedule to all other parties by (a) serving a copy of the Case Schedule on the other parties along with the initial pleading, or (b) serving the Case Schedule on the other parties within 10 days after the later filing of the initial pleading or service of any response to the initial pleading, whether that response is a notice of appearance, an answer, or a CR 12 motion. (2) A party who joins an additional party in an action shall serve the additional party with the current Case Schedule together with the first pleading served on the additional party. (e) Amendment of Case Schedule. The Court, on motion of a party, on stipulation of all parties, on its own initiative, or at a Status Conference may modify the Case Schedule for good cause. The Court shall freely grant a motion to amend the case schedule when justice so requires. The motion of a party or the stipulation of all parties, shall include a proposed Amended Case Schedule, shall only be made after the moving party or parties have conferred with, and obtained approval from, the Civil Case Manager for the proposed modification of the Case Schedule, and shall include the following language: "The Civil Case Manager has been contacted and has approved the proposed modification of the Case Schedule." Motions or stipulations presented without this language shall be denied. Parties may not amend a Case Schedule by stipulation without approval of the Court. If a Case Schedule is modified on the Court's own motion, the Civil Case Manager in the Court Administrator's office will prepare and file the Amended Case Schedule and promptly mail it to all parties. If a trial is continued after the Pretrial Management Conference, the Civil Case Manager in the Court Administrator's office will, as soon as practicable, schedule and promptly send notice to all parties of a mandatory Status Conference for the purpose of scheduling a new trial and the development of a new Case Schedule Order. (f) Form of Case Schedule. (1) Case Schedule. A Case Schedule for each type of case, which will set the time period between filing and trial and the scheduled events and deadlines for that type of case, will be established by the Court by General Order, based upon relevant factors, including statutory priorities, resources available to the Court, case filings, and the interests of justice. (2) Form. A Case Schedule will be in generally the following form: SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR BENTON AND FRANKLIN COUNTIES

) ) Case No. Plaintiff(s) ) ) CIVIL CASE SCHEDULE ORDER V. ) (ORSCS) ) ) ______Defendant(s) )

I. SCHEDULE DUE DATE 1. Cancellation / Confirmation of Status Conference ...... 3 Months 2. Status Conference ...... 4 Months 3. Plaintiff's Disclosure of Lay and Expert Witnesses ...... 4 Months 4. Defendant's Disclosure of Lay and Expert Witnesses ...... 6 Months 5. Last Date for Filing Statement of Arbitrability ...... 6 ½Months 6. Disclosure of Plaintiff's Rebuttal Witnesses ...... 6 ½ Months 7. Disclosure of Defendant's Rebuttal Witnesses ...... 7 Months 8. Discovery Completed ...... 9 ½ Months 9. Last Date for Filing Jury Demand ...... 10 Months 10. Settlement Position Statements filed by all parties ...... 10 Months 11. Last Date for Hearing Dispositive Pretrial Motions ...... 10 ½ Months 12. Settlement Conference ...... 11 Months 13. Last Date for Filing and Serving Trial Management Report ...... 11 ½ Months 14. Pretrial Management Conference ...... 11 ½ Months 15. Trial Memoranda and Motions in Limine to be filed ...... 2 Weeks to Trial 16. Trial Date and Motions in Limine ...... 12 Months II. ORDER

IT IS ORDERED that all parties comply with the foregoing schedule.

DATED this ______day of ______, ______

______Judge

NOTICE TO PLAINTIFF: The plaintiff may serve a copy of the Case Schedule Order on the defendant(s) along with the summons and complaint. Otherwise, the plaintiff shall serve the Case Schedule Order on the defendant(s) within ten (10) days after the latter of: (1) the filing of the summons and complaint or (2) service of the defendant's first response to the complaint, whether that response is a Notice of Appearance, an Answer, or a CR 12 Motion. NOTICE TO BOTH PARTIES: For Stipulated continuances of the trial date, parties and/or counsel must comply with LCR 40(c) to include that: Stipulated Orders Continuing Trial must be: (1) pre-approved by the Civil Case Manager and (2) state that the Civil Case Manager has approved the continuance. An extra copy of the proposed order continuing trial must be provided to the Civil Case Manager at the time pre-approval is requested. (g) Monitoring. At such times as, the Presiding Judge may direct, the Court Administrator will monitor cases to determine compliance with these rules. (h) Witness Disclosure; Enforcement; Sanctions. (1) Disclosure of Possible Lay and Expert Witnesses. (A) Disclosure of Primary Witnesses. Each party shall, no later than the date for disclosure designated in the Case Schedule, disclose all persons with relevant factual or expert knowledge whom the party believes are reasonably likely to be called at trial. (B) Disclosure of Rebuttal Witnesses. Each party shall, no later than the date for disclosure designated in the Case Schedule, disclose all persons whose knowledge did not appear relevant until the primary witnesses were disclosed and whom the party reserves the option to call as witnesses at trial. (C) Scope of disclosure. Disclosure of witnesses under this rule shall include the following information: i. All witnesses. Name, address, and phone number. ii. Lay witnesses. A brief description of the anticipated subject matter of the witness' testimony. iii. Experts. A summary of the expert's opinions and the basis therefor and a brief description of the expert's qualifications. (D) Exclusion of Testimony. Any person not disclosed in compliance with this rule may not be called to testify at trial, unless the Court orders otherwise for good cause and subject to such conditions as justice requires, including the payment of terms. (E) Discovery Not Limited. This rule does not modify a party's responsibility under court rules to respond to or seasonably supplement responses to discovery or otherwise to comply with discovery before the deadlines set by this rule. (2) If the Court finds that an attorney or party has failed to comply with the Case Schedule, failed to provide all of the information required in witness disclosures or disclosed witnesses that are not reasonably likely to be called at trial or has failed to disclose witnesses and has no reasonable excuse, the Court may order the attorney or party to pay monetary sanctions to the Court, or terms to any other party who has incurred expense as a result of the failure to comply, or both; in addition, the Court may impose such other sanctions as justice requires. (3) As used with respect to the Case Schedule, "terms" means costs, attorney fees, and other expenses incurred or to be incurred as a result of the failure to comply; the term "monetary sanctions" means a financial penalty payable to the Court; the term "other sanctions" includes but is not limited to the exclusion of evidence. (4) Except for good cause shown, trials in all civil cases subject to LCR 4 shall trail for one day. That is, trials of cases in Benton County will be called on Mondays, but the parties must be prepared to begin trial on the next day (Tuesday). Similarly, trials of case in Franklin County will be called on Wednesdays, but the parties must be prepared to begin trial on the next day (Thursday). [Adopted Effective September 1, 2000; Amended September 1, 2001; September 1, 2003; September 1, 2004; September 1, 2005; September 1, 2006; September 1, 2007; September 1, 2009; September 1, 2010; September 1, 2011; September 1, 2013; September 2, 2014; September 1, 2015; September 1, 2016; September 1, 2017; September 1, 2018.]

LCR 4.1 CANCELLATION OR CONFIRMATION OF STATUS CONFERENCE (IN WORD FORMAT) The contents of this item are only available on-line.

Local Civil Rule 4.2 STATUS, SETTLEMENT AND PRE-TRIAL CONFERENCE; NONCOMPLIANCE HEARING

RULE RESCINDED SEPTEMBER 1, 2017

Local Civil Rule 5 BRIEFS, PROPOSED ORDERS, AND ELECTRONIC SERVICE (a) Electronic Service. The Court and Clerk may transmit to all attorneys orders, notices and other documents electronically, via e-mail or other process. Unless an attorney provides a different e-mail address, the Court and Clerk will send documents to the electronic mailbox address shown on the Washington State Bar Association online Attorney Directory. The Court or Clerk may electronically transmit notices, orders, or other documents to a party who has filed electronically or has agreed to accept electronic documents from the Court, and has provided the Clerk the address of the party's electronic mailbox. It is the responsibility of all attorneys and the filing or agreeing party to maintain an electronic mailbox sufficient to receive electronic transmissions of notices, orders, and other documents. Parties are reminded that, pursuant to CR5(b)(7), a party may serve pleadings electronically on another party only with the consent of the other party. An optional form Agreement to Accept Electronic Notification is available on the Court's website. (b) Briefs. All motions, brief, declarations, affidavits, and other supporting written documentation pertaining to trials, summary judgments motions, lower court appeals and appeals from decisions of administrative agencies (except the record transferred by the agency) and any other motions, and other documents submitted for hearings, such as trial management reports, proposed findings of fact and conclusions of law and judgments, motions and sentencing position statements in criminal matters, and guardian ad litem reports (including criminal and domestic relations), shall be served and filed in the cause. (c) Bench Copies. Unless a party does not have access to a computer or the internet, bench copies of all such documents, as well as settlement positions statement in civil and domestic cases, shall be submitted electronically via the internet at http://www.benton-franklinsuperiorcourt.com/submit-bench-copies/ or http://motion.co.franklin.wa.us/. Parties without access to a computer and the internet shall deliver bench copies to the Court Administrator at the Benton County Justice Center. Except for motions for summary judgment and over-ten motions, all bench copies must be submitted not later than noon one court day prior to the scheduled hearing, proceeding or trial. Bench copies for motions for summary judgment and over-ten motions shall be submitted no later than the time and date for confirming the motion under LCR 56(c)(2)(B). No bench copies, except settlement position statements and "Read First" pleadings required under LCR 94.07W, shall be submitted to the Court unless a copy has been served upon or mailed to opposing counsel or party if unrepresented if they are entitled to notice by law. Settlement position statements should be uploaded under seal. Bench copies submitted electronically are deleted from the system forty-five days after the associated hearing. Bench copies submitted on paper are destroyed five (5) court days after the associated hearing unless counsel requests copies be returned, with return postage arranged, or unless Court Administration is advised of the new hearing date. When hearings are continued, the parties shall amend the hearing date associated with all bench copies submitted electronically. If a party fails to submit bench copies as set forth above the Court may continue the hearing, impose terms and enter other orders as may be appropriate. Bench copies of the following documents should not be electronically submitted: Notices of hearings, notes for dockets, transmittal letters, proposed statements of defendant on plea of guilty, proposed judgments and sentences and proofs of service (unless service is at issue), and briefs and supporting materials in uncontested summary judgment motions in state paternity cases need not be submitted. (d) Proposed Orders. The moving party and any party opposing the motion shall prepare a proposed order. Electronic copies shall be submitted under paragraph (c), above. The proposed order, labeled as such, shall be filed with the clerk and an original order shall be presented at the hearing. [Adopted effective April 1, 1986; Amended effective September 1, 2000; September 1, 2001; September 1, 2002; September 1, 2003; September 1, 2005; September 1, 2007; September 1, 2009; September 1, 2011; September 1, 2012; September 2, 2014; September 1, 2015; September 1, 2016; September 1, 2017, September 1, 2018.]

Local Civil Rule 7 PLEADINGS ALLOWED; FORM OF MOTIONS (b) Motions and Other Papers. (1) Memorandum of Authorities and Affidavits Required. (A) The moving party shall serve and file, with his or her motion a brief written statement of the motion and a brief memorandum containing reasons and citations of the authorities on which he or she relies. If the motion requires the consideration of facts not appearing of record, he or she shall also serve and file copies of all affidavits and photographic or other documentary evidence he or she intends to present in support of the motion. If the motion relies on facts in documents of record, the motion shall identify the document(s) and the date of filing of each document so identified. The motion shall be contained in a separate document from the Note for Motion Docket addressed in subsection (7)(A) hereinbelow. Bench copies shall be submitted as provided in LCR 5. (B) Each party opposing the motion shall at least by noon, one (1) day prior to the argument, serve upon counsel for the moving party and upon counsel for all other parties, if the parties are represented, or upon all other parties if proceeding pro se, file with the Clerk a memorandum containing reasons and citations of the authorities upon which he or she relies, together with all affidavits and photographic or other documentary evidence he or she intends to present in opposition of the motion. If the opposition relies on facts in documents of record, the memorandum shall identify the document(s) and the date of filing of each document so identified. Bench copies shall be submitted as provided in LCR 5. (2) Necessary Provision in Pleadings Relating to Supplemental Proceedings and Show Cause Hearings for Contempt. In all supplemental proceedings wherein an order is to be issued requiring the personal attendance of a party to be examined in open court, and in orders to show cause for contempt, the order must include the following words in capital letters: YOUR FAILURE TO APPEAR AS ABOVE SET FORTH AT THE TIME, DATE, AND PLACE THEREOF WILL CAUSE THE COURT TO ISSUE A BENCH WARRANT FOR YOUR APPREHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE MATTER CAN BE HEARD OR UNTIL BAIL IS POSTED. No bench warrant will be issued in such cases for the apprehension of the cited person if such language has been omitted. (3) Counsel Fees. Appointed counsel submitting motions for fixing or payment of fees and counsel requesting that the Court fix fees in any other case (except for temporary fees in domestic relation cases) should itemize their time, services rendered, or other detailed basis for the fees requested and attach a copy thereof to the motion. (4) Action Required by Clerk. All documents filed with the Clerk, other than a note for the motion or trial dockets (see LCR 40) which require any action (other than filing) by the Clerk shall contain a motion in the caption specifying the nature of the document the words: "CLERK'S ACTION REQUIRED." (5) Motion to Shorten Time. All motions to shorten time must be in writing and supported by declaration or affidavit that (a) states exigent circumstances or other compelling reasons why the matter must be heard on shortened time and (b) demonstrates due diligence in the manner and method by which notice, or attempted notice, was provided to all other parties regarding the presentation of the motion to shorten time. If the moving party, after showing due diligence, has been unable to notify all parties of the motion to shorten time, it is within the judicial officer's discretion to proceed with the motion to shorten time. The judicial officer shall indicate on the order shortening time the minimum amount of notice to be provided the responding party, which, barring extraordinary circumstances as set forth in the declaration or affidavit supporting the motion, shall not be less than 48 hours. The court file must be presented along with the motion to shorten time, declaration or affidavit, and the proposed order to the judicial officer considering the request. (6) Document Format. Documents prepared for a judge's signature must contain at least two (2) lines of text on the signature page. (7) Hearing of Motion Calendar. (A) Note for Motion Docket. Any attorney desiring to bring any issue of law on for Hearing shall file with the Clerk and serve on all opposing counsel, not later than five (5) court days prior to the day on which the attorney desires it to be heard, a note for the motion docket which shall contain the title of the court, the cause number, a brief title of the cause, the date when the same shall be heard, the words "Note for Motion Docket," the name or names of each attorney involved in the matter, the nature of the motion, and by whom made. It shall be subscribed by the attorney filing the same and shall bear the designation of whom the attorney represents. The foregoing provisions shall not prohibit the hearing of written and/or oral emergency motions at the discretion of the Court on any docket. (B) Over 10 Minutes for Hearing. If the moving party expects the motion to take more than ten (10) minutes to argue by all sides collectively, the movant shall designate on the note for motion docket that the matter is "over 10 minutes." (C) Confirmation of Summary Judgment and Over-Ten-Minute Hearings. The moving party shall confirm with the clerk that summary judgment and over-ten-minute hearings will be heard on the date set during the following time periods: i. Summary judgment and over-ten-minute hearings shall be confirmed in Benton County no sooner than Monday at 8:00 am and no later than Tuesday noon of the week in which the motion is noted for hearing. ii. Summary judgment and over-ten-minute hearings shall be confirmed in Franklin County no sooner than Tuesday at 8:30 am and no later than Thursday noon of the week preceding the week in which the motion is noted for hearing. Confirmations may be by telephone, or by e-mail to the addresses stated below in LCR 7 (b)(7)(F). iii. The clerk shall not allow more than a total of three (3) summary judgment and three (3) over-ten-minute hearings to be confirmed for any one date. The maximum for such motions may be changed by resolution of the judges. (D) Removal of Motion. If the note for motion docket, the motion and supporting factual materials and memorandum are not served, mailed, and filed as detailed in LCR 7, the Court may strike the same from the calendar. (E) Service of Notice. The motion will not be heard unless there is on file proof of service of notice upon the attorney for the opposing party, or the opposing party if proceeding pro se, or there is an admission of service by opposing counsel or the opposing party if proceeding pro se. (F) Continuance or Striking of Noted Motions by Parties. A matter noted on the motion docket may be continued pursuant to the following: i. The moving party may strike or continue a motion at any time without cause with adequate notice to the opposing parties. Sanctions may be imposed if the opposing party's appearance at the hearing could have been avoided through due diligence of the moving party. ii. Upon a showing of cause, the Court, in its discretion, may grant the non-moving party's request for a continuance. iii. The party striking any matter may give notice to the non-moving parties by any means reasonably likely to provide actual notice. The clerk may be notified either by written notice or by e-mail notification. Notice to the Franklin County Clerk may be emailed to the following address: [email protected] for civil cases; and [email protected] for domestic cases. Notice to the Benton County Clerk may be emailed to the following address: [email protected]. iv. If the matter is stricken and the moving party desires a hearing, a new note for motion docket must be filed with the Clerk in accordance with section (A), above. Except for matters continued in open court, a new note for docket is required for motions that are continued. (G) Calling Docket - Priority for Pro Bono Counsel. The causes on the civil docket for each motion day will be called in order, and the moving party, if no one appears in opposition, may take the order moved for upon proper proof of notice, unless the Court shall deem it unauthorized. In order to encourage participation in pro bono legal representation, all motions, where one or both parties are represented by pro bono counsel, shall, at the request of the pro bono attorney be given priority on the docket. Such priority shall be given without any reference as to the reason why. All parties are to appear in person. (H) Continuances by Court. Any motion or hearing may be continued by the Court to a subsequent motion day or set down by the Court for hearing at another specified time, and the Court may alter the order of hearing as may be necessary to expedite the business of court. (I) Frivolous Motions. Upon hearing any motion, if the Court is of the opinion that such motion is frivolous, or upon granting a continuance of any matter, terms may be imposed by the Court against the party filing such motion, or against the party at whose instance such continuance is granted. (J) Ex Parte - Notice to Opposing Counsel. Lawyers should not ask the Court for ex parte orders without proper notice to opposing counsel, if counsel has appeared either formally or informally. This rule applies to temporary restraining orders and orders to show cause in domestic relations cases, as well as all other types of matters. (See Rule 65.) (K) Decisions Without Oral Argument. Upon agreement of the parties, or upon request of the Court, a motion may be determined without oral argument. Matters may be noted for decision without oral argument only on the dates and times established for regular calendars. The moving party shall certify in the note for docket that every party has consented to determination without oral argument. (L) Discovery Motions. The Court will not entertain any Motion or objection with respect to Rules 26, 27, 30, 31, 33, 34, 35 or 36, Civil Rules for Superior Court unless it affirmatively appears that counsel have met and conferred with respect thereto. Counsel for the moving or objecting party shall arrange such a conference. If the Court finds that counsel for any party, upon whom a Motion for an objection with respect to matters covered by such rules is served, willfully refused to meet and confer, or having met, willfully refused or fails to confer in good faith, the Court may take appropriate action to encourage future good faith compliance. In the event of an emergency, the Court will entertain Motion objections which would otherwise be governed by the above rule. (M) Argument Limitations. Argument on the civil docket shall be limited to thirty (30) minutes per case. [Adopted Effective April 1, 1986; Amended Effective August 1, 1990; September 1, 2002; September 1, 2009; September 1, 2011; September 1, 2013; September 2, 2014; September 1, 2015; September 1, 2016; September 1, 2017, September 1, 2018.]

LCR 16 PRE-TRIAL PROCEDURE (IN WORD FORMAT) The contents of this item are only available on-line. The contents of this item are only available on-line.

Local Civil Rule 40 ASSIGNMENT OF CASES (a) Notice of Trial - Note of Issue (1) Of Fact - Note for Trial Docket - Cases Not Subject to Civil Case Schedule Order. (A) Any party desiring to bring any issue of fact to trial, except for cases governed by LCR 4 and LCR 94.04W, shall file with the Clerk and Court Administrator's Office and serve upon the other parties or their attorneys a "Notice of Trial Setting and Certificate of Readiness," in the form maintained by the Court Administrator's Office, which shall contain the title for the court, a brief title of the case, the case number, the nature of the case, whether jury or non-jury, whether there has been a 12-person jury demand, whether a 6-person jury would be acceptable, estimated trial time, the name and address and telephone number of each attorney assigned to the case, whether there should be a pre-trial conference, preferential trial dates or times, and anything further that would assist the Court in setting a trial date, and shall be subscribed by the attorney filing the same. (B) An attorney noting a case for trial thereby certifies that the case is at issue, that there has been a reasonable opportunity for discovery, that discovery will be complete by the trial date, that necessary witnesses will be available, and that to his/her knowledge, no other parties will be served with a summons and no further pleadings will be filed prior to trial. (C) The attorney noting the case for trial shall confer with all other counsel prior to noting the case for trial setting to determine if there is any objection to setting. If there is no objection, the attorney shall so certify on the notice of setting. If there is objection and the setting attorney believes the objections to readiness are not justified, the attorney shall so indicate on the setting notice and the matter shall be heard by the Presiding Judge on the motion calendar. (D) In the event all parties agree the case is ready for trial or will be ready for trial by a specific date, but have objections to particular dates, they shall notify the Court Administrator's Office of unavailable dates within five (5) days after receiving the notice of trial setting. (b) Methods. (1) Court Administrator to Assign Dates. The Court Administrator shall assign trial dates under the supervision of the Presiding Judge who shall be in direct charge of the trial calendar. To the extent practical, cases shall be set chronologically according to noting date, except for cases having statutory preference. (2) Jury and Non-jury Trials. Upon the serving and filing of a "Notice of Trial Setting and Certificate of Readiness," the Court Administrator shall forthwith assign a specific trial date and notify the Clerk and counsel of the date assigned. (3) Advancing Trial Dates. Any case assigned a specific date may, at the discretion of the Presiding Judge, be advanced to an earlier date or may be reset if the court calendar permits. Notice shall be given at least five (5) days prior to the new trial date assigned. (4) One Day Trailing. Except for good cause shown, all non-domestic civil cases shall trail for one day. That is, trials of cases in Benton County will be called on Mondays, but the parties must be prepared to begin trial on the next day (Tuesday). Similarly, trials of cases in Franklin County will be called on Wednesdays, but the parties must be prepared to begin trial on the next day (Thursday). (5) Notification of Settlement. Notification of the settlement of a case set for trial shall be immediately given to the Court Administrator or, if unable to contact the Court Administrator, to the Clerk. Any circumstance preventing any case from going to trial as scheduled, immediately upon becoming known to counsel, shall be communicated to the Court Administrator. Failure to comply with this rule may result in the assessment of terms including the expense of a jury panel. (c) Stipulated Continuances. No trial setting shall be continued by stipulation of counsel or pro se without good cause and without approval of the Ex Parte Judge or Court Administrator within twenty (20) days of the date set for trial. More than twenty (20) days before trial, stipulations for continuance will normally be honored unless the Court concludes a continuance is unwarranted. All stipulations to continue must be supported by an affidavit setting forth the reasons for the continuance and submitted to the Court Administrator's office for review by the Ex Parte Judge. Stipulated orders continuing trial must be: (1) pre-approved by the Civil Case Manager and (2) state that the Civil Case Manager has approved the continuance. An extra copy of the proposed order continuing trial must be provided to the Civil Case Manager at the time pre-approval is requested. (d) Change of Judge. (1) Notice of Judicial Disqualification. (A) Under RCW 4.12.050, the motion and the affidavit must be filed with the clerk, and a copy delivered to Court Administration and to all other parties. If the party has not filed another motion and affidavit, and the motion and affidavit meet the requirements of RCW 4.12.050, the designated judge shall recuse himself or herself, without further order. (B) Requests for Recusal. A party requesting the recusal of a judge may do so by motion and affidavit filed with the Clerk and a copy delivered to Court Administration and to all other parties. The matter shall be heard on the record by the judge against whom the request is made. (2) Disqualification - Court Commissioner. Disqualifications of a Court Commissioner or for change of Court Commissioner will not be recognized. The remedy of a party is for a motion for revision under RCW 2.24.050.

(e) Pre-Assignment of Judge. Judges will be pre-assigned to cases only by court order, for good cause, and will be assigned in order from the list maintained by Court Administration.

(f) Writ of Habeas Corpus Relating to Custody of Minor Children. Applications for Writs of Habeas Corpus relating to custody of minor children shall be presented to and returnable to the presiding judge of the Superior Court for Benton and Franklin Counties on court days between the hours of 8:30 a.m. to noon and 1:00 to 4:00 p.m. [Adopted Effective April 1, 1986; Amended Effective September1, 1998; September 1, 2000; September 1, 2002; September 1, 2003; September 1, 2004; September 1, 2008; September 1, 2010; September 1, 2011; September 1, 2012; September 2, 2014; September 1, 2016; September 1, 2017; September 1,2018.]

Local Civil Rule 42 CONSOLIDATION; SEPARATE TRIALS

(a) Consolidated Cases for Trial. When two or more cases are consolidated for trial only, all documents shall be submitted with an original for each file so consolidated. Consolidated cases shall be presumed to be consolidated for trial only, unless otherwise indicated.

[Adopted Effective August 1, 1990, September 1, 2007]

Local Civil Rule 47 JURORS (a) Voir Dire. The trial judge may examine the prospective juror touching their qualification to act as fair and impartial jurors in the case before him or her; provided that thereafter the trial judge shall give leave to respective counsel to ask the jurors such supplementary questions as may be deemed by the trial judge proper and necessary. The voir dire examination of prospective jurors shall, as nearly as possible, be limited to those matters having a reasonably direct bearing on prejudice or qualifications and shall not be used by opposing counsel as a means of arguing or trying their case on voir dire. The "struck method" of voir dire examination is allowed. That is, the parties may direct questions to individual jurors or to the panel or to portions thereof, in the discretion of the examiner. (e) Challenge. (1) Peremptory Challenges. All peremptory challenges allowed by law shall be exercised in the following manner: The bailiff will deliver to counsel for the plaintiff and counsel for the defendant, in turn, a prepared form upon which each counsel shall endorse the name of the challenged juror in the space designated, or his acceptance of the jury as constituted. The bailiff will then exhibit this form after each challenge to the opposing counsel, and the Court. After all challenges have been exhausted, the Court will excuse those jurors who have been challenged and will seat the jury as finally selected. A waiver by a party indicates an acceptance by that party of all jurors seated up to that point. The purpose of this rule is to preserve the secrecy of peremptory challenges and all parties and their counsel shall conduct themselves to that end. This procedure may be modified if appropriate. (k) Selection of Jurors. The Benton County Superior Court and the Franklin County Superior Court shall employ a properly programmed electronic data processing system or device to make random selection of jurors as required by RCW 2.36.060.093. It is determined that fair and random selection may be achieved without division of the county into three (3) or more jury districts. During the month of July of each year, a master jury list shall be selected by an unrestricted random sample in accordance with RCW 2.36.055. [Adopted Effective April 1, 1986, September 1, 2011, September 1, 2018]

Local Civil Rule 48 JURIES OF LESS THAN TWELVE

(a) Stipulation: Procedure. The parties may stipulate that the jury shall consist of any number of persons less than twelve (12) but not less than three (3). Counsel shall call the stipulation to the attention of the Presiding Judge when the case is called for trial. The stipulation, if in writing, shall be filed in the cause; if oral, it shall be noted by the clerk in the minutes of the trial. (b) Challenges Not Affected. The stipulation shall not affect the number of challenges, nor the manner of making them, unless the parties expressly agree otherwise. (See RCW 4.44.120, et seq.)

[Adopted Effective April 1, 1986]

Local Civil Rule 51 INSTRUCTIONS TO JURY AND DELIBERATION

(a) Proposed. (1) Instructions Required of Plaintiff. Plaintiff's counsel shall prepare and present to the Court a cover instruction containing the title and file number of proceedings, the name of the attorney for each party properly designated, and appropriate blank space where the name of the judge hearing the case can be inserted, and entitled "Instructions of the Court." (2) Instructions in the Alternative. Instructions, the form of which is dependent upon rulings of the Court, may be submitted in the alternative and counsel shall have the right to withdraw those instructions made unnecessary or inappropriate by reason of said rulings at any time prior to the submission of the Court's instructions to the jury. (b) Submission. (1) Distribution. Sets of proposed instructions shall be prepared and distributed as follows: (A) Original, which shall be assembled and numbered and contain citations, shall be filed with the clerk; (B) One copy, which shall be assembled, numbered and contain citations, shall be provided to counsel for each other party;

(C) One copy, which shall be assembled and numbered, shall be retained by the counsel preparing them; (D) One copy, which shall be assembled, numbered and contain citations, shall be provided to the trial judge; (E) One copy, without numbers or citations, shall be provided to the trial judge. (F) Citations, as required by the rule, shall include applicable WPI or WPIC numbers and shall appear on the bottom of the proposed instructions. (2) Time for Serving Instructions. Unless requested earlier by the trial judge, all instructions, shall be submitted at the beginning of the first day of trial. Upon request of the trial judge to all counsel and made not more than seven (7) days before the date of trial, counsel shall prepare and deliver to the trial judge and to other counsel, not less than three (3) days before the day on which the case is set for trial, the required number of copies of proposed instructions insofar as counsel may then be able to determine them. (c) Verdict Forms. Each verdict form shall be headed with title and cause number of the proceeding. This shall also apply to special interrogatories. A date line shall be typed above the line for the foreman. (d) Published Instructions. (1) Request. The Court has not adopted a local rule to allow instructions appearing in the Washington Pattern Instructions (WPI or WPIC) to be requested by reference to the published number. (2) Modified Instructions. Whenever a Washington Pattern Instruction (WPI or WPIC) is modified by the addition of, the deletion of, or the modification of certain language, the party proposing the instruction must cite the instruction as follows: "WPI or WPIC No. Modified." (e) Disregarding Requests. The trial court may disregard any proposed instruction not proposed or submitted in accordance with this rule. (f) Civil and Criminal. This rule applies to instructions for civil and criminal cases. (g) Duties Relating to Return of Verdict. Attorneys awaiting a verdict shall keep the clerk advised of where they may be reached by phone. Attorneys desiring to be present for the verdict shall be at the courthouse within fifteen (15) minutes of the time they are called. In a criminal case, at least one attorney for each party and the prosecuting attorney or deputy prosecuting attorney shall be present for the receipt of the verdict, unless excused by the Court. The defense attorney is responsible for advising the defendant to be present for the verdict unless defendant is in custody.

[Adopted effective April 1, 1986; Amended effective September 1, 2003; September 1, 2005, September 1, 2009. September 1, 2011]

Local Civil Rule 52 FINDINGS OF FACT AND CONCLUSIONS OF LAW

Unless the presiding judicial officer directs that entry of Findings of Fact and Conclusions of Law are to be handled differently, the Findings, Conclusions and Judgment shall be entered in the following manner: (a) Submission. Within fifteen (15) days after the decisions rendered, the prevailing party shall submit Findings of Fact and Conclusions of Law and shall deliver the same together with the Proposed Judgment to the opposing counsel. If the prevailing party fails to submit proposed findings in a timely manner, the other party may do so, and shall thereupon note the matter for presentment, giving the prevailing party at least seven (7) business days, notice of the hearing. (b) Objections. A non-prevailing party objecting to the Findings, Conclusions or Judgment shall, within fifteen (15) days after receipt of the same, deliver to proposing counsel two (2) copies of the objections thereto in writing, and the proposed substitutions. Upon receipt of the objections, the proposing attorney shall mail the proposed Findings, Conclusions and proposed Judgment together with one (1) copy of the objections and the proposed substitutions received from opposing counsel to the trial judge. (1) If there are no objections received within the fifteen (15) day period aforesaid, counsel may forward the submittal to the judge who shall, within ten (10) days thereafter, either (a) sign the proposed Findings of Fact, Conclusions of Law and Judgment and forward to the Clerk for filing with conformed copies to all counsel, or (b) return the Findings of Fact, Conclusions of Law and Judgment, if deficient, to all counsel noting the Court's requested changes or additions thereto. (2) If objections are made, the Court shall arrange for a chamber conference to settle the issues as soon as practicable. (c) Intent. It is the intent of this rule that Findings of Fact, Conclusions of Law and Judgment will be settled and filed as soon as possible, and that such matters shall not be noted on the Motion Docket; provided however, that if the Findings of Fact, Conclusions of Law and Judgment are not settled within sixty (60) days after the Court's oral or written decision, either party may note entry of the Findings of Fact, Conclusions of Law and Judgment on the Motion Docket. (d) Application. This rule only applies to the entry of Findings of Fact and Conclusions of Law when the same are required under CR 52, and does not apply to entry of orders or judgments unless Findings of Fact and Conclusions of Law are required.

[Adopted Effective April 1, 1986, Amended September 1, 2011, September 2, 2014.]

Local Civil Rule 53.2 COURT COMMISSIONERS

(e) Revision by the Court. (1) Motion Content and Service Deadlines. A party seeking revision off a Court Commissioner's ruling shall within ten (10) days of entry of the written order, file and serve a Motion for Revision. The motion must set forth specific grounds for each claimed error and argument and legal authorities in support thereof. The motion shall be accompanied by a copy of the order for which revision is sought, along with copies of all papers which were before the Commissioner in support, or in opposition in the original proceedings. A copy of the motion and all supporting documents shall be provided to all other parties to the proceedings and to the Court Administrator who shall refer the motion to the appropriate Judge for consideration. The responding party shall have five (5) working days from the receipt of the motion to file a written response with the Clerk and provide copies to all other parties and to the Court Administrator. (2) Transcript Required. When seeking revision of a ruling of the Court Commissioner which was based on testimony, such testimony must be transcribed and attached to the motion. If the transcript is not timely available, the moving party must set forth arrangements which have been made to secure the transcript. (3) Review is De Novo. Review of the Commissioner's order shall be de novo based on the pleadings and transcript submitted and without oral argument unless requested by the reviewing Judge. (4) Scope of Motion. The Judge may deny the motion, revise any order or judgment which is related to the issue raised by the motion for revision or remand to the Commissioner for further proceedings. The Judge may not consider evidence or issues which were not before the Commissioner or not raised by the motion for revision. The Judge may consider a request for attorney fees by either party for the revision proceedings. (5) Effect of Commissioner's Order. The Court Commissioner's written order shall remain effective unless and until revised by the Judge or unless stayed by the Judge pending proceedings related to the motion for revision.

[Adopted September 1, 2003]

Local Civil Rule 56 SUMMARY JUDGMENT (c) Motion and Proceedings. (1) Briefs. Briefs, or statements of points and authorities, shall be mandatory with respect to all motions for summary judgment. The original is to be filed with the Superior Court Clerk. Bench copies shall be submitted in accordance with LCR 5 (which is no later than the time and date for confirming the motion under LCR 56(c)(2)(B)), below. If a party fails to submit electronic bench copies as directed in LCR 5, the Court shall issue an order to show cause addressing a non-compliance hearing to be held before the Judge, Commissioner or Special Master. At that hearing the Court may continue the hearing, impose terms or sanctions, or take other action to enforce the court rules regarding submission of electronic bench copies prior to hearings. Attendance at the non-compliance hearing is mandatory for every party that failed to comply with the requirements under LCR 5. (2) Continuance and Confirmation. In the event a motion for summary judgment or partial summary judgment is noted, and the non-moving party believes that a continuance is warranted, the non-moving party shall file a motion for a continuance, supporting the same with sworn pleadings. Said motion shall be heard at least one week before the scheduled date of the summary judgment hearing. (A) In the event the moving party unreasonably refuses to continue the case or the opposing party unreasonably is not prepared for the hearing, terms may be assessed. (B) The moving party shall confirm with the clerk that the motion will be heard on the date set during the time periods set forth in LCR 7(b). However, the clerk shall not allow more than three (3) summary judgment hearings and three (3) over-ten-minute hearings to be confirmed for any one date. The maximum for such motions may be changed by resolution of the judges. A moving party contacting the clerk to confirm a summary judgment for a date for which the maximum number of summary judgments and over-ten-minute hearings have previously been confirmed may continue the hearing to the next reasonably available setting and provide notice of the continuance to the other parties in the action and shall re-confirm the continued setting in accordance with the above rules. Twenty-eight (28) days notice is not required for setting a new hearing hereunder. The new hearing date may be after the last date specified for filing dispositive motions in the Civil Case Schedule Order, but in no event less than fourteen (14) days before trial. (3) Motion - Contents of. The moving party shall specify with particularity the documentary evidence, including depositions, on which the motion is based. (4) Continuance After Confirmation. Once confirmed, no summary judgment hearing shall be continued without permission of the presiding Judge, and the moving party must appear at the docket.

[Adopted Effective April 1, 1986; Amended Effective September 1, 1998; September 1, 2003; September 1, 2006; September 1, 2009; September 1, 2011; September 1, 2013; September 2, 2014; September 1, 2017.]

Local Civil Rule 58 ENTRY OF JUDGMENT

(a) When. (1) Judgments and Orders to be Filed Forthwith. Any order, judgment or decree which has been signed by the Court shall not be taken from the courthouse, but must be filed forthwith by the attorney obtaining it with the Clerk's Office or with the clerk in the courtroom. If signed outside the courthouse, the attorney procuring the order shall mail it to the appropriate clerk the same day, or file it by the next judicial day. (2) Settlement. Upon settlement of any action a judgment of dismissal shall be entered forthwith. (b) Effective Time (1) Effective on Filing in Clerk's Office. Judgments, orders and decrees shall be effective from the time of filing in the Clerk's Office, unless filed in accordance with CR 5(e). (2) Not to be Entered Until Signed. The clerk will enter no judgment or decree until the same has been signed by the judge.

[Adopted Effective April 1, 1986, September 1, 2015]

Local Civil Rule 59 NEW TRIAL, RECONSIDERATION, AND AMENDMENT OF JUDGMENTS

(e) Hearing on Motion. (1) Motions for New Trial, Reconsideration, or Judgment NOV. Motions for New Trial, reconsideration, or for judgment NOV shall be submitted without oral argument unless the Court orders otherwise as hereinafter provided. The motion shall be served and filed as provided in CR 59(b). At the time of filing the motion, the moving party shall serve and file a statement of points and authorities and deliver a copy of the motion, supporting documents and memorandum to the trial judge. The trial judge may (1) grant, deny or modify the motion, (2) call for a written response from the opposing party, or (3) call for oral argument.

[Adopted April 1, 1986, September 1, 2015]

Local Civil Rule 64 SEIZURE OF PERSON OR PROPERTY

All bench warrants issued in a civil proceeding shall be valid for one year from the date of issuance, unless quashed earlier. All such warrants issued in a civil proceeding shall contain substantially the following language: This warrant shall expire at the end of one year from the date of issuance.

[Adopted Effective August 1, 1990, September 1, 2003]

Local Civil Rule 65 INJUNCTIONS (b) Temporary Restraining Order; Hearing: Duration. The party applying for an emergency order which would require or forbid the doing of some act, if a public body is involved, or if the opponent's counsel is known, shall notify the opponent or opposing counsel and shall request opponent's presence at the presentation of the order, unless good cause to the contrary is shown. If the opponent does not appear, the judge shall require a full showing with respect to the notice given. Presentation of all applications for temporary restraining orders (except in domestic relation cases) shall be presented to the Presiding Judge, if available, or to such other judge as he may designate to handle such matters if available. [Adopted Effective April 1, 1986; Amended Effective September 1, 2018]

Local Civil Rule 77 SUPERIOR COURTS AND JUDICIAL OFFICERS (d) Court Hours. Court will be in session, unless otherwise ordered, on all judicial days except Saturdays. Court hours will be from 8:00 a.m. to 4:00 p.m., except the Court shall be closed for lunch from 12:00 noon to 1:00 p.m. Counsel shall be present in court at 8:30 a.m. on the first day of a jury trial. In criminal cases, defense counsel shall have the defendant in court at 8:30 a.m. the first day of trial unless the defendant is in custody. [Adopted Effective April 1, 1986; Amended Effective September 1, 1998; September 1, 2003; September 1, 2004; September 1, 2005; September 1, 2009; September 1, 2011; September 1, 2018.]

Local Civil Rule 79 BOOKS AND RECORDS KEPT BY THE CLERK (d) Other Books and Records of Clerk. (1) Withdrawal of Files from Clerk's Office. Files generally shall remain in the Clerk's offices. The Clerk or employees thereof may take files to courtrooms or to judicial officers. Judicial officers, court reporters and court administration staff may check files out. Attorneys may also review court files, with convenient and appropriate areas for such review designated by the Clerk. The statement of facts, after having been settled and signed, shall not be withdrawn from the Clerk's office except by order of the Court. (2) Exhibits (A) Temporary Withdrawal. Exhibits may be withdrawn temporarily from the clerk's office only by: (i) The judge having the cause under consideration; (ii) Official court reporters for use in connection with their duties, without court order; and, (iii) An attorney of record, upon court order. (B) Videotaped Depositions. Videotaped depositions published in open court shall be treated as court exhibits, with the same retention standards. A party who wishes to make a published videotaped deposition part of the court file must submit a certified transcript of the deposition. (3) Return of Contraband Exhibits. When contraband, alcoholic beverages, tobacco products or controlled substances are being held by the clerk of the court as part of the records and files in any criminal case, and all proceedings in the case have been completed, the court may order the clerk to deliver such contraband or substances to an authorized representative of the law enforcement agency initiating the prosecution for disposition according to law. (4) Return of Exhibits and Unopened Depositions. When a civil case is finally concluded, and upon stipulation of the parties or court order, the clerk of the court may return all exhibits and unopened depositions, or destroy the same. (5) Disposition of Exhibits. After final disposition of a civil cause, the Court after hearing, may order the clerk to destroy or otherwise dispose of physical evidence which cannot, because of bulk or weight, be retained in the case file provided that all parties of record are given thirty (30) days written notice of any such hearing. (6) Return of Administrative Records. When a case for review of an administrative record is finally completed, the clerk shall return the administrative record to the officer or agency certifying the same to the court. (7) Verbatim Record of Proceedings. A verbatim report of proceedings shall not be withdrawn from the clerk's office except by court order. (8) Transcripts. A request for a copy of a transcript prepared by a court reporter in the possession of the clerk of the court, shall be referred to the court reporter that prepared said transcript. (9) Electronic Recording of Proceedings. The court clerks shall maintain custody of electronic recordings created in any civil or criminal proceedings. (10) Video Recording of Proceedings. The court clerks shall maintain custody of video recordings offered and/or admitted as evidence in any civil or criminal proceedings. [Adopted Effective April 1, 1986; Amended Effective September 1, 2002; September 1, 2007; September 2, 2014; September 1, 2018.]

Local Civil Rule 81 APPLICABILITY IN GENERAL

(a) To What Proceedings Applicable. (1) Generally. In general, procedure in this Court shall be in accordance with pertinent Washington Court Rules as heretofore or hereafter adopted by the Supreme Court of Washington. These local rules are intended only to supplement those rules and are numbered, insofar as possible, to conform to the CR numbering system. The Rules shall also apply to criminal cases insofar as they are applicable. (2) Suspension of Rules. The Court may modify or suspend any of these Rules in any given case, upon good cause being shown therefore, or upon the Court's own motion. [Adopted Effective April 1, 1986, September 1, 2003]

LCR 94.04W DOMESTIC RELATIONS (IN WORD FORMAT) The contents of this item are only available on-line.

Local Civil Rule 94.05W MANDATORY PARENTING SEMINARS (a) Applicable Cases. This rule shall apply to all cases filed after January 1, 1997 under Chapter 26.09, Chapter 26.10, or Chapter 26.26 RCW which require a parenting plan or residential plan for minor children; including dissolutions, legal separations, major modifications, paternity actions in which paternity has been established, and non-parental custody actions (b) Mandatory Attendance. In all cases governed by this rule, all parties shall complete a parenting seminar approved by the court. Standards for parenting seminars shall be established by the court and providers approved by the court. A list of approved providers may be located at www.benton-franklinsuperiorcourt.com. (c) Timing. Parties required by this rule to participate in a parenting seminar shall complete an approved parenting seminar within 60 days of service of a petition or motion initiating the action which is subject to this rule. 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. The class will be completed prior to entry of a permanent parenting or residential plan. (d) Fees. Each party attending a seminar shall pay a fee charged by the approved provider and sanctioned by the court. The court may waive the fee for indigent parties. (e) Special Consideration/Waiver. (1) In no case shall opposing parties be required to attend a seminar together. (2) If the court determines that attendance at a seminar is not in the children's best interest, pursuant to Chapter 26.12 RCW, the court shall either: (A) waive the requirement of completion of the seminar; or (B) allow participation in an alternative parenting seminar if available. (3) The court may waive a party's attendance or extend the time required for attendance at a seminar for good cause shown. (f) Failure to Comply. Willful refusal to participate in a parenting seminar or willful delay in completion of a court ordered parenting seminar by any party will 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. [Adopted Effective January 1, 1997; Amended Effective September 1, 1999; September 1, 2018]

Local Civil Rule 94.06W MANDATORY MEDIATION OF CHILD PLACEMENT AND VISITATION ISSUES (a) Effective Date. This rule applies to all cases filed on or after January 1, 1999. (b) Child Placement Proceeding Defined. For purposes of this rule, a child placement proceeding shall be defined as any proceeding before the court in which placement or visitation is at issue, except juvenile court dependency proceedings. (c) Mediation Required. All placement or visitation issues shall be referred to mandatory mediation pursuant to the Domestic Case Scheduling Order. The mediation requirement may be waived by the court for good cause. A written motion for waiver of mediation shall be noted before the court. An Order Waiving Mediation shall be filed with the court prior to the case being set for settlement conference. (d) Superior Court Jurisdiction and Other Rules - Show Cause Hearings. The requirement of mediation shall not prevent the court or court commissioner from entering temporary orders. (e) Authority of Mediator. The mediator has the authority to determine the time, place, and duration of mediation. In appropriate cases, the mediator shall have the authority to terminate the mediation prior to completion. (f) Attendance. Mediation session shall normally include the parties only, but may, by agreement of the parties and mediator, include other persons. Attendance at mediation sessions is mandatory. (g) Declaration of Completion. Within seven (7) days of completion, a declaration of completion shall be filed by the mediator. The counsel and parties shall be advised by the mediator, on a separate document attached to the declaration of completion, the results and recommendations of the mediator. The mediator shall advise the court only whether an agreement has been reached. . (h) Mediation Unsuccessful. If the parties fail to reach an agreement in mediation of the issues of placement and visitation, a Guardian Ad Litem or a Family Court Investigator may be ordered upon proper motion of either party or the court. (i) Confidentiality. The work product of the mediator and all communications during mediation shall be privileged and not subject to compulsory disclosure. The mediator shall not appear or testify in any court proceedings. (j) Guardian ad Litem (GAL)/Family Court Investigator (FCI) (1) Appointment. Upon motion of the parties or on the Court's own motion, the court may appoint a Guardian ad Litem or a Family Court Investigator. All Guardians ad Litem shall be in good standing on the Benton and Franklin Counties Superior Court Guardian ad Litem Registry. A list of court-approved Guardians ad Litem can be located at www.benton-franklinsuperiorcourt.com. (2) Notice for Hearing. Pursuant to the civil rules, from the date of the appointment, the GAL/FCI shall receive copies of all documents that are to be served on parties, copies of all discovery, and notice of all hearings and presentations related to the residential schedule. (3) Notice for Trial. Any party who requires the GAL/FCI at a trial related to child residential schedule, shall prepare and serve a subpoena on the GAL/FCI for mandatory appearance by GAL/FCI. (4) Discharge. Unless otherwise set forth in these rules, the GAL/FCI shall be discharged only by order of the Court upon motion, completion of a declaration by the GAL/FCI, or upon completion of the case when the final orders are filed with the approval of the appointed GAL/FCI. (5) Declaration. In any case where a GAL/FCI has been appointed, with the exception of a case being determined by a judicial officer after trial, prior to entry of the final parenting plan or residential schedule, the GAL/FCI must either sign the final parenting plan or residential schedule or sign a Declaration indicating the GAL/FCI has reviewed the final order and approves, does not approve, or approves in part. If the GAL/FCI does not approve of all provisions in the final plan, the GAL/FCI must state in the Declaration what provisions are objected to and why. [Adopted Effective September 1, 1998; Amended effective September 1, 2008; September 1, 2011; September 1, 2013; September 2, 2014; September 1, 2015; September 1, 2016; September 1, 2018.]

LCR 94.07W DOMESTIC RELATIONS MOTIONS (IN WORD FORMAT) The contents of this item are only available on-line.

Local Civil Rule 95.00W DOMESTIC RELATIONS WAIVER OF AGE TO MARRY

Applications for waiver of minimum age to marry shall be made through the Juvenile Department of the Superior Court. Application shall contain such information and supporting documentation as may be prescribed by the Director of Juvenile Court. Before Court hearing, applicants must give evidence of completion of a program of premarital counseling by a licensed counselor, a counseling agency, or their rabbi, priest or minister, together with such counselor's recommendation, and shall be interviewed by a probation counselor of the Juvenile Department who may counselor's recommendation, and shall be interviewed by a probation counselor of the Juvenile Department who may offer recommendations to the Court.

[Adopted Effective April 1, 1986]

Local Civil Rule 96.00W CHANGE OF NAME OF STEPCHILD

When a change of name to that of the stepfather is sought for a child under eighteen (18) years of age, notice must be given to the natural father in the manner of giving notice to a non-consenting parent in an adoption, and in addition, written consent will be required of any child over fourteen (14) years of age.

[Adopted Effective April 1, 1986]

Local Special Proceedings Rule 98.18 COURT-CREATED TRUSTS

(a) Special Needs Trusts and Trust governed by SPR 98.16W shall be approved in accord with the following requirements: (1) A copy of the proposed trust document, note for hearing and trustee's fee schedule shall be submitted to the Guardianship Monitoring Program one week in advance of the hearing. The entire matter may be presented Ex Parte with the Clerk's office, unless notice has been requested by another party. (2) An independent Guardian Ad Litem, specifically qualified in the area of court-created trusts, must be appointed to evaluate the proposed trust unless: (a) The Court has ordered that the trust be drafted by independent trust counsel; or (b) The basis for eligibility for a special needs trust in a physical disability only and the adult beneficiary is competent. However, the Court may, in its discretion, appoint a Guardian ad Litem for an otherwise competent beneficiary if it determines that he or she may not fully appreciate all the issues involved in creating the trust.

(3) The proponent of a trust must identify any other roles expected for trustees or members of a trust advisory committee in the life of the beneficiary. This would include caregivers, professional advisors, family or others who might receive direct or indirect economic benefit from trust expenditures. (4) The order approving the trust may only be entered in a file with a probate/guardianship type "4" case assignment number to facilitate tracking. The order must have space designated on the face page to highlight due dates for accountings and other required filings. The trust document must be filed in the Superior Court file. (5) The trustee is required to furnish annual accountings to the Court for approval on notice to any interested parties. (6) The trust may not provide for removal to another venue or jurisdiction without order of this Court.

(7) A parent of a minor beneficiary is not the sole trustee or, if co-trustee, is not able to authorize a trust disbursement without Court approval. (8) The appointment of any successor trustee is subject to approval of the Court. (9) A trustee, other than a bank or trust company, is required to post a bond in the full amount of trust funds not placed in blocked accounts. (10) Amendment of the trust shall only be by order of this Court. (11) The trustee must file an inventory with the Court within 30 days of the funding of the trust. An amended inventory must be filed within 30 days if additional funding, in excess of $3,000, takes place after the filing of the initial inventory. (12) The trustee must file with the Court an outline of the beneficiary's projected needs and significant trust expenditures within 30 days of their appointment and annually at the time of each accounting to the Court.

[Adopted effective September 1, 2009]

Local Special Proceedings Rule 98.20 ESTATES - GUARDIANSHIPS

(a) Hearings. All proceedings in guardianship will normally be presented Ex Parte at the Court Administrator's office - with the Guardianship Monitoring Program. Matters that require a hearing shall be placed on the Probate Calendar and bench copies provided pursuant to LCR 5(c) and (d). (b) Pleadings. Parties are required to use those guardianship forms approved by the Benton and Franklin Counties Superior Court for guardianship proceedings. (c) Presentation of Reports and Care Plans. (1) The original of any report, accounting or care plan shall be filed in the Clerk's Office. (2) A copy of the report, accounting or care plan shall be clearly marked "BENCH COPY" provided to the Superior Court Guardianship Monitoring Program together with an original and one copy of a proposed order approving the report, accounting and/or care plan and a stamped, self-addressed envelope. (3) Copies of any supporting documentation for accountings shall be provided to the Superior Court Guardianship Monitoring Program. This shall include monthly bank statements, canceled checks or substitute images thereof provided by the financial institution, and receipts as appropriate. If the guardian of the estate is a bank or trust/agency company, it may file a computer printed statement of account in lieu of receipts or canceled checks. However, it must still complete the Report and Accounting form. Guardians shall retain copies of the supporting documentation for four (4) years. Upon request of the Court, supporting documentation shall be re-submitted to the Guardianship Monitoring Program. (d) Final Accounting. When a guardianship of the estate terminates and a guardian files a final account, an order shall be presented to the court setting a hearing on notice pursuant to RCW 11.92.053. The order shall be on a form approved by the court. The Guardianship Monitoring Program shall audit the final accounting. However, if the sole basis for the guardianship is the minority of the incapacitated person, the guardian may settle the account by filing a declaration of completion and serving notice thereof, on forms approved by the court, in accord with RCW 11.88.140. If the guardian of the estate resigns or is removed, but the guardianship continues, the court may in its discretion, settle the account as an ex parte intermediate account or require a hearing on notice.

(e) Attorney of Record. The attorney representing the Guardianship shall be considered the attorney of record until his or her withdrawal. Should the attorney representing the estate choose to withdraw, the attorney must advise the court of the name and address of the party to be notified, should that be necessary, of a delinquent report, accounting or Periodic Personal Care Plan. The notice to the court shall be filed prior to the effective date of the withdrawal of the attorney. (f) Noncompliance Calendar. (1) The Guardianship Monitoring Program office shall record all due dates for guardian's reports, and filings as set by the court. This shall include, but not be limited to an inventory, care plan, designation of standby-guardian, report and accounting or receipt for blocked account. The Court Administrator shall set a periodic Noncompliance Calendar for those cases in which guardians have not met the required due dates. (2) Order to Appear. If reports and filings are not presented timely, an order to appear on the guardianship noncompliance calendar shall be sent to the attorney of record and/or the guardian citing the parties into court. Appearance on the calendar is mandatory. The attorney and/or the guardian shall have at least five days' notice, in accordance with CR 6, to appear. (3) Attendance at Noncompliance Calendar Excused. If the guardian files the required document(s) referenced in the noncompliance notice at least five days in advance of the calendar date, they shall be excused from attendance at the calendar. (4) Sanctions on the Noncompliance Calendar. The judicial officer assigned to hear the guardianship noncompliance calendar may impose monetary sanctions, increase the bond, suspend the duties of the guardian, appoint a guardian ad litem, and/or remove the guardian. (g) Review Hearing/Conference. If after initial review of a guardian's report or other filing, it is found unacceptable by the Court, the guardian shall be notified of the additional information or corrective action required. Additionally, the Court may cite the guardian in to appear at an informal review conference or in-court review hearing. The Court may then take appropriate action to resolve any concerns regarding the guardian's performance of their fiduciary duties.

[Adopted effective September 1, 2009, Amended September 1, 2013, September 1, 2015, September 1, 2016]

Local Guardian Ad Litem Rule 1 SCOPE

(a) This rule covers the maintenance and administration of the Guardian ad Litem Registries maintained by the Superior Court Administrator's office pursuant to RCW 4.08.060 as amended, RCW 8.25.270 as amended, RCW 11.88.090 as amended, Superior Court Guardian ad Litem Rules GALR as amended, and RCW 26.12 as amended; and the GAL registry maintained by the Juvenile Court Administrator's office pursuant to RCW 13.34 as amended. (b) These rules shall be supplemented by administrative rules and policies adopted by the Court.

[Adopted effective September 1, 2003, September 1,2013, September 1, 2016]

Local Guardian Ad Litem Rule 2 Registry Administration (a) The Court shall maintain and administer Guardian ad Litem registries for Guardianship, and Family Law. These registries shall not include Adoption Guardians ad Litem, Juvenile Court Guardians ad Litem, or Court Appointed Special Advocates, which shall continue to be administered independently by their respective programs. These requirements and procedures also apply to persons not listed on a registry who are appointed to serve as a Guardian ad Litem in a field for which there is a registry. (b) The Court shall maintain a completed application form, and background information records pertaining to each person on a registry. Persons listed on a registry or registries shall reapply and update background information annually on a date specified for each registry. Background Information Records, as required by RCW 26.12.175(3), shall be available for public inspection. (c) Persons shall be selected to serve on each registry at the discretion of the Court giving due consideration to: (a) having a sufficient number of Guardians ad Litem available to fulfill the requests for appointment; (b) achieving and maintaining a high level of knowledge, skill and competence within each given field. In some cases there may be more qualified applicants than will be needed or would benefit the program, so that not all persons applying will be selected. (d) The Court may sponsor or approve training which registry applicants shall be required to attend to maintain and improve their level of proficiency. Title 11 Guardian ad Litem registry applicants must complete any training required by RCW 11.88.090 prior to placement of the applicant's name on the guardianship registry. (e) Each registry may be reconstituted periodically. The Court may remove persons listed on a registry and allow additional applicants to be added to a registry at the discretion of the Court. (f) The Court may impose an application fee and/or charge a fee for the training programs. [Adopted effective September 1, 2003; Amended Effective September 1, 2004; September 1, 2015; September 1, 2017, September 1, 2018]

Local Guardian Ad Litem Rule 5 APPOINTMENT OF GUARDIAN AD LITEM (a) Equitable Distribution of Workload/Appointment of Guardian ad Litem from registry.

(1) Guardianship (Title 11) Registry

(A) A party needing an appointment of a Guardian ad Litem (GAL) from the Guardianship registry shall provide by e-mail, fax or letter a written request to the Superior Court Administrator's Office, which office shall, except in extraordinary circumstances, provide to the requesting party a Notice of GAL Rotation which lists the names of the next three (3) Guardians ad Litem that person whose names appear next on the Registry and meets the requirements of RCW 11.88.090 (3) (a).

(B) The requesting party shall contact the GALS in the order listed to determine their availability and suitability to the appointment. Once a GAL has accepted the appointment, the requesting party shall return the Notice of GAL Rotation form to the Court Administrator's Office with the name of the selected GAL indicated clearly on the form.

(C) The Guardian ad Litem appointed shall serve upon the parties a Statement of Qualifications in conformance with RCW 11.88.090.

(D) Guardians ad Litem appointed pursuant to RCW Title 11 shall be compensated in accordance with the provisions of RCW 11.88.090 and RCW 11.88.097 provided, however, that in the event it is shown by motion supported by affidavit that the county shall be responsible for such costs, the fees shall not exceed $1,750.00 per case. The affidavit in support of a motion for Court paid fees shall set forth the financial position of the alleged incapacitated person, including assets, potential causes of action, monthly income and monthly expenses. If additional fees beyond the $1,750.00 per case are requested such request shall be by a separate motion supported by appropriate affidavits. The order authorizing disbursal of County funds shall provide that those fees shall be reimbursed to the County in the event the estate obtains, within a reasonable period of time, sufficient assets.

(E) Should any person appointed herein fail to accept such appointment more than twice in a calendar year, or fail to accept a County pay appointment if the Guardian ad Litem is selected on the rotational registry, such persons name will be deleted from the registry at the Court's discretion.

(2) Family Law (Title 26) Registry.

Guardians ad Litem appointed pursuant to RCW Title 26 shall be appointed in the following manner:

(A) Upon either the motion of the Court or a party to an action and subsequent decision of the Court to appoint a Guardian ad Litem, each party to the action shall be provided with a strike list of three names randomly selected from the registry along with background information as specified in RCW 26.12.175(3), including their hourly rate for services. Each party may, within seven (7) judicial days, strike one name from the list. If more than one name remains on the list, the Court shall select the first named Guardian ad Litem not stricken by a party. In the event all three names are stricken, the Court shall select the alternate named Guardian ad Litem on the list as placed on the list pursuant to section (C) below. Parties shall file the Benton and Franklin Counties Order Appointing Guardian ad Litem within thirty (30) days of the selection by the Court. The Order Appointing Guardian ad Litem can be located at www.benton-franklinsuperiorcourt.com. Guardian ad Litem retainer fee and intake packets must be received by the Guardian ad Litem prior to the filing of the Order Appointing Guardian ad Litem. The Guardian ad Litem shall immediately begin their work upon filing of the Order Appointing Guardian ad Litem.

Additionally, for each strike list issued, one additional name shall be randomly selected as the alternate Guardian ad Litem. (B) The Court may, for good cause and upon written finding, appoint a specific Guardian ad Litem to a case upon recommendation of the parties. Good cause may include expertise in a particular area, previous appointment of a Guardian ad Litem to the specific case, or such other reason as determined by the Court. The hourly rate for services charged by a Guardian ad Litem does not constitute good cause for the appointment of a specific Guardian ad Litem upon recommendation of the parties. (C) Title 26 Guardians ad Litem are required to accept up to two (2) county-paid abuse and neglect cases in a calendar year. Appointments shall be made in alphabetical rotation in the event that the Court's Family Court Investigator (FCI) is unable to accept the case. Failure to accept county-paid appointments may result in removal from the Registry at the Court's discretion. (b) Procedure to Address Complaints by Guardians ad Litem. Complaints by Guardians ad Litem regarding registry or appointment matters shall be made in writing and be addressed to the Court Administrator. The Administrative Presiding Judge, Assistant Administrative Presiding Judge or Court Administrator shall provide written response to the complainant within 45 business days of receipt of the complaint. [Adopted effective September 1, 2002; Amended effective September 1, 2003; September 1, 2004; September 1, 2009; September 1, 2010; September 1, 2011; September 2, 2014; September 1, 2015; September 1, 2017; September 1, 2018]

Local Guardian Ad Litem Rule 7 GRIEVANCE PROCEDURE (a) Purpose Statement. The procedure for handling grievances and/or imposing discipline against a Guardian ad Litem provided hereunder are intended to facilitate a process which is fair, expedited, and protective of all participants as well as respectful of judicial time and resources. (b) Procedures for Filing a Grievance. (1) Only a party to a case may file a grievance against a Guardian ad Litem. Grievances against Guardians ad Litem shall be made in writing, be signed under the penalty of perjury, and be addressed to the Court Administrator. Neither the grievance nor any documentation related to the grievance, including a decision on the grievance, shall be filed in the court file. (2) The grievance must include the following information: A. The name, mailing address, telephone number, and e-mail address (if any) of the party filing the grievance; B. The case number and case name; C. The name of the judge or court commissioner hearing the case; D. The trial date; E. Whether the party filing the grievance has discussed the grievance with the Guardian ad Litem F. What action the Guardian ad Litem has taken to address the grievance; G. Which provision of the Order Appointing Guardian ad Litem or of these rules the party filing the grievance is claiming the Guardian ad Litem has violated; H. A complete statement of the specific facts underlying each alleged violation, as set forth in subsection (3) below; I. What the party filing the grievance is requesting be done to correct the problem complained of and why. (3) The grievance must state with specificity the act or failure to act of concern to the complaining party as it relates to the grounds outlined below which are also grounds for denial of listing on, removal from or temporarily suspending the Guardian ad Litem from the registry: A. There has been a violation of the Guardian ad Litem Code of Conduct, B. There has been a misrepresentation of his or her qualification to be a Guardian ad Litem, or C. Has not met the annual update requirements set forth in LGAL rule 2(b); or D. Any reason that would place the suitability of the person to act as Guardian ad Litem in question, including, but not limited to the following: i. Breach of confidentiality. ii. Falsifying information on the application. iii. Falsifying information in a Court report. iv. Failure to report abuse of a child. v. Ex-parte communication. vi. Representing the court in a public forum, without prior approval of the Court. vii. Violation of state, or local laws, rules of the policy, while a Guardian ad Litem. viii. Dissemination of Bi-Pen (Bi-County Police Information) records. (c) Initial Screening of Grievance. The Court Administrator shall forthwith forward the grievance to the Administrative Presiding Judge for initial screening. If it is clear on the face of the grievance that the grievance is without merit, the Administrative Presiding Judge shall dismiss the grievance, providing a copy of such dismissal to the complaining party and the affected Guardian ad Litem. The Administrative Presiding Judge shall endeavor to complete the initial screening within fourteen (14) days of filing of the grievance. The matter will be closed and the grievance shall be held as a confidential, sealed record in the files of the Court Administrator unless merit has been found. (d) Grievances Filed During the Pendency of a Case. (1) If a grievance is not dismissed under section (c) and the grievance pertains to a pending case or if trial in the pending case is underway, the Court Administrator shall, within three (3) business days of receipt, forward the grievance to the Administrative Presiding Judge or if trial is underway, to the judicial officer assigned to hear the trial, to handle the grievance, with a copy being sent to the affected Guardian ad Litem. If the grievance is forwarded to the Administrative Presiding Judge, he/she shall assign responsibility for the investigation and decision on the grievance to the Administrative Presiding Judge, the Assistant Administrative Presiding Judge, another judicial officer, or a committee composed of three (3) judicial officers of the Administrative Presiding Judge's choosing. Whomever the grievance is forwarded to shall be known as the "judicial officer for the grievance". (2) The Guardian ad Litem shall be allowed to file a response to the grievance within fourteen (14) days of receiving notice from the court by forwarding a copy of the response to the complaining party with the original response being sent to the Court Administrator who will deliver same to the judicial officer for the grievance. In addition, an appropriate investigation may be made by the judicial officer, including, but not limited to, interviews with the complainant, the Guardian ad Litem, and other persons with relevant knowledge. (3) Upon receipt of the response from the Guardian ad Litem or upon passage of the fourteen (14) day response period, whichever is sooner, the judicial officer assigned to grievance shall review the response, complete the investigation and thereafter issue a final written or oral disposition of the matter. The judicial officer for the grievance will endeavor to issue a final decision within no later than forty-five (45) days after the filing of the grievance. The original of a written disposition or a transcript of an oral disposition shall be placed in the confidential grievance file with copies of the written disposition being forwarded to he complaining party and to the Guardian ad Litem. (4) If the final disposition is that the grievance should be dismissed, the procedure with regard to retention of the grievance set forth in section (c) above shall be followed. If, as part of the final disposition, there has been a finding that the grievance was not brought in good faith or was otherwise frivolous or designed to impact the pending proceedings through increased costs to the other party or Guardian ad Litem, terms in the form of costs or other sanctions may be imposed against the grieving party. (5) If, upon a finding by a preponderance of the evidence that one or more of the grounds in section (b)(2) have been established, and the final disposition is that the grievance was brought in good faith and has been determined to be well-founded, there shall be a method of discipline to be imposed upon the Guardian ad Litem set forth in the disposition which shall take effect immediately. Accepted forms of discipline shall consist of one or more of the following: (1) a verbal or written reprimand, (2) removal from the pending case; (3) suspension of the Guardian ad Litem from the registry for a period not to exceed one (1) year; (4) suspension of the Guardian ad Litem from the registry until such time as the Guardian ad Litem has provided satisfactory proof of completing additional training in a specific area described in the disposition; (5) imposition of terms in the form of costs or other monetary sanctions; and/or (6) permanent removal of the Guardian ad Litem from the registry for Title 11, Title 13, and/or Title 26 cases. If the discipline imposed is permanent removal from any Guardian ad Litem registry, notification of same shall be forwarded to the Office of the Administrator for the Courts for circulation to other counties. The grievance file shall include the original grievance, the Guardian ad Litem's response, and the written initial and final dispositions of the matter and shall be maintained by the Court Administrator for a period for no less than six (6) years. (6) A Guardian ad Litem who ceases to be on the registry and who still has active or incomplete cases shall immediately report this circumstance to the Court Administrator who will forthwith reassign such cases. (7) Timelines stated herein may be modified by the Administrative Presiding Judge or judicial officer for the grievance for good cause. In calculating times, items mailed shall be deemed received by the addressee three (3) days after the date of mailing. (e) Grievances Filed After the Conclusion of a Case or After Discharge of the Guardian ad Litem. If the grievance pertains to a case in which final orders have been entered or an order discharging the Guardian ad Litem has been entered, the Court Administrator shall, within three (3) business days, forward the grievance to the judicial officer who presided over the trial in the case or who signed the final orders/order of discharge which a copy to the affected Guardian ad Litem, as the judicial officer for the grievance. Thereafter, the procedures set forth in section (d) shall be followed. (f) Suspension for Grievances handled under sections (d) and (e). For all grievances received and processed under sections (d) and (e) above, at the discretion of the Administrative Presiding Judge or the judicial officer for the grievance as set forth in this rule, the Guardian ad Litem's participation in the registry may be suspended pending resolution of the grievance. A Guardian ad Litem whose participation is suspended pending resolution and who still has active or incomplete cases shall immediately report this circumstance to the Superior Court Administrator who may reassign such cases upon instruction from the judicial officer assigned to the grievance. (g) Reconsideration of Decision Under Sections (d) and (e). A Guardian ad Litem seeking reconsideration of the decision shall do so in writing to the Superior Court Administrator, who shall forward the request and supporting documents to the judicial officer for the grievance for final decision. The Guardian ad Litem shall be notified in writing of the final decision.

[Adopted effective September 1, 2002, amended September 1, 2003, September 1, 2010, September 2, 2014, September 1, 2015, September 1, 2017.]

Local Mandatory Arbitration Rule 1.1 APPLICATION OF RULES The purpose of mandatory arbitration of civil actions under RCW 7.06 as implemented by the Mandatory Arbitration Rules is to provide a simplified and economical procedure for obtaining the prompt and equitable resolution of disputes involving claims not exceeding one hundred thousand dollars ($100,000). The Mandatory Arbitration Rules as supplemented by these local rules are not designed to address every question which may arise during the arbitration process and the rules give considerable discretion to the arbitrator. The arbitrator should not hesitate to be informal and expeditious, consistent with the purpose of the statute and rules. [Adopted Effective September 1, 1996; Amended Effective March 1, 1997; September 1, 2003; January 1, 2006; September 1, 2018]

Local Mandatory Arbitration Rule 1.2 MATTERS SUBJECT TO ARBITRATION By implementation of these rules the Superior Court of Washington for Benton and Franklin Counties authorizes mandatory arbitration under RCW 7.06.010, and approves such arbitration in civil actions in which no party asserts, on the party's own behalf, a claim in excess of one hundred thousand dollars ($100,000) exclusive of interest, attorney's fees, and costs under RCW 7.06.020 as amended. [Adopted Effective September 1, 1996; Amended Effective March 1, 1997; January 1, 2006; September 1, 2018]

Local Mandatory Arbitration Rule 2.1 TRANSFER TO ARBITRATION

(a) Statement of Arbitrability. In every civil case, following the commencement of the action, but no later than the date set forth in the case schedule order pursuant to LCR 4 or for cases filed on or before December 31, 2000 where no case schedule order has been issued, no later than sixty (60) days prior to a properly noted and set trial, any party may, upon the form prescribed by the court and maintained in the Court Administrator's Office, complete a statement of arbitrability. The statement of arbitrability shall be filed in the superior court clerk's office and a duplicate copy delivered to the court administrator's office and the opposing party or parties. A party failing to file and serve a statement of arbitrability within the time prescribed shall be deemed to have waived arbitration, and may subject the matter to mandatory arbitration thereafter only upon leave of the court for good cause shown. (b) Response to Statement of Arbitrability. Any party disagreeing with the statement of arbitrability shall serve and file a response on the form prescribed by the Court and maintained in the Court Administrator's Office. A duplicate copy of the response shall be delivered to the court administrator. In the absence of such a response, the statement of arbitrability shall be deemed correct. Any response opposing the statement of arbitrability shall be filed within 10 court days after receipt of the statement of arbitrability. A notice of issue shall be filed with any response objecting to the statement of arbitrability, noting the matter for hearing on the issue of arbitrability within 10 court days of filing the response. (c) Failure to File - Amendments. A person failing to serve and file an original response within the times prescribed may later do so only upon leave of the court. A party may amend a statement of arbitrability or response at any time before assignment of an arbitrator or assignment of a trial date, and thereafter only upon leave of the court for good cause shown. (d) When Transfer to Arbitration Occurs for Purposes of Application of Local Rules. The case is transferred to arbitration upon the filing of a statement of arbitrability indicating that the case is subject to arbitration unless an objection to arbitration of the case is received within the time limits found in LMAR 2.1(b). This transfer shall also trigger the restriction on discovery contained in MAR 4.2 and LMAR 4.2. (e) Civil Case Schedule Order Stricken. Any civil case schedule order entered in an action pursuant to LCR 4 shall be stricken upon the filing of a statement of arbitrability unless an objection to arbitration of the case is received within the time limits found in LMAR 2.1(b) in which event the civil case schedule order shall be stricken upon issuance of an order directing the case to mandatory arbitration following a hearing on the objection.

[Adopted Effective September 1, 1996; Amended Effective September 1, 1998; September 1, 1999; September 1, 2002. September 1, 2003, September 1, 2011, September 1, 2015]

Local Mandatory Arbitration Rule 2.3 ASSIGNMENT TO ARBITRATOR

(a) Generally; Stipulations. When a case is transferred to arbitration, but not less than ninety (90) days following filing and service on all parties subject to arbitration, a list of five proposed arbitrators will be furnished to all parties. A master list of arbitrators will be made available upon request. The parties are encouraged to stipulate to an arbitrator. In the absence of a stipulation, the arbitrator will be chosen from among the five proposed arbitrators in the manner defined by this rule. If the parties stipulate to an arbitrator who is not one of the five proposed arbitrators, they must obtain the arbitrator's consent to appointment prior to submitting the stipulation to the Court. (b) Response by Parties. Each party may, within 10 court days of the date mailed by the court, after a list of proposed arbitrators is furnished to the parties, nominate one or two arbitrators and strike one or two arbitrators from the list. If both parties respond, an arbitrator nominated by both parties will be appointed. If no arbitrator is nominated by both parties, the court administrator will randomly appoint an arbitrator from among those not stricken by either party. (c) Response by Only One Party. If only one party responds within 10 court days of the date mailed by the court, the court administrator will appoint an arbitrator nominated by that party. (d) No Response. If neither party responds within 10 court days of the date mailed by the court, the court administrator will randomly select and appoint one of the five proposed arbitrators. (e) Additional Arbitrators for Additional Parties. If there are more than two adverse parties, at least two additional proposed arbitrators shall be added to the list with the above principles of selection to be applied. The number of adverse parties shall be determined by the court administrator, subject to review by a superior court judge. (f) List of Proposed Arbitrators. Parties do not have to serve choices upon each other and the court administrator must keep selections confidential. The court administrator must retain returned lists of proposed arbitrators until the time for appeal has expired or a request for trial de novo is received, whichever is sooner.

[Adopted Effective September 1, 1996: Amended Effective September 1, 1998, September 1, 2006]

Local Mandatory Arbitration Rule 3.1 QUALIFICATIONS OF ARBITRATORS

(a) Arbitration Panel. There shall be a panel of arbitrators in such numbers as the administrative committee may from time to time determine. A person desiring to serve as an arbitrator shall complete an information sheet on the form prescribed by the Court. A list showing the names of arbitrators available to hear cases and the information sheets will be available for public inspection in the court administrator's office. The oath of office on the form prescribed by the Court must be completed and filed prior to an applicant being placed on the panel. (b) Qualification. Unless otherwise stipulated, an arbitrator must be a member of the Washington State Bar for 5 years or a retired judge. (c) Refusal; Disqualification. The appointment of an arbitrator is subject to the right of that person to refuse to serve. An arbitrator must notify the court administrator within three court days of receipt of the notice of appointment if refusing to serve or if any cause exists for the arbitrator's disqualification from the case upon any of the grounds of interest, relationship, bias or prejudice set forth in CJC Canon 3(c) governing the disqualification of Judges. If disqualified, the arbitrator must immediately return all materials in a case to the court administrator. A party may challenge the qualifications of an arbitrator by motion to the Court if the motion is made within 10 court days of the appointment of the arbitrator.

[Adopted Effective September 1, 1996, September 1, 2003, September 1, 2011]

Local Mandatory Arbitration Rule 3.2 AUTHORITY OF ARBITRATORS

(a) Authority. An arbitrator has the authority to: (1) Determine the time, place, and procedure to present a motion before the arbitrator. (2) Require a party and/or attorney to pay the reasonable expenses, including attorney fees, caused by the failure of such party and/or attorney to obey an order of the arbitrator unless the arbitrator finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The arbitrator shall make a special award for such expenses and shall file such award with the clerk of the superior court, with proof of service on each party. The aggrieved party shall have 10 days thereafter to appeal the award of such expense in accordance with the procedure described in RCW 2.24.050. If, within 10 days after the award is filed no party appeals, a judgment shall be entered in the manner described generally under MAR 6.3. (2) Award attorney fees, as authorized by these rules, by contract, or by law. (2) Determine the time and place for the arbitration hearing. (3) Award, by judgment or offset, the fee paid by a party to initiate arbitration where the arbitrability is clear and the party responsible for filing the statement of arbitrability unreasonably delayed in the filing of a statement or arbitrability, regardless of which party substantially prevails. (b) Motions. All motions shall be presented to the arbitrator, unless a) arbitrability is at issue, b) assignment of arbitrator is disputed, c) motion is for involuntary dismissal, d) motion is for summary judgment, e) motion is for failure to state a cause of action, or f) motion is to add or change parties. (c) Immunity. Arbitrators shall have immunity to the same extent as provided for superior court judges in Washington State.

[Adopted Effective September 1, 1996, September 1, 2011]

Local Mandatory Arbitration Rule 4.2 DISCOVERY (a) Additional Discovery. In determining when additional discovery beyond that directly authorized by MAR 4.2 is reasonably necessary, the arbitrator shall balance the benefits of discovery against the burdens and expenses. The arbitrator shall consider the nature and complexity of the case, the amount in controversy, values at stake, the discovery that has already occurred, the burdens on the party from whom discovery is sought, and the possibility of unfair surprise which may result if discovery is restricted. Authorized discovery shall be conducted in accordance with the Superior Court Civil Rules, except motions concerning discovery shall be determined by the arbitrator. Except as provided in MAR 4.2, discovery pending when a case is transferred to arbitration is stayed except on stipulation of the parties. All discovery admissible under the Superior Court Civil Rules and Washington Rules of Evidence is admissible at arbitration, whether produced before or after the appointment of the arbitrator. (b) Notwithstanding the Foregoing. The following interrogatories may be submitted to any party: (1) State the amount of general damages being claimed; (2) State each item of special damages being claimed and the amount thereof;

(3) List the name, address, and telephone number of each person having knowledge of any facts regarding liability; (4) List the name, address, and telephone number of each person having knowledge of any facts regarding the damage claimed; (5) List the name, address, and telephone number of each expert witness you intend to call at the arbitration hearing. For each expert, state the subject matter on which the expert is expected to testify; state the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. (6) If you are claiming bodily injury damages, please describe your present physical condition as the same relates to the incident giving rise to your complaint and being specific as to the area(s) of your body you claim was injured. (7) If you are claiming bodily injury damages, please list the name, address, and telephone number of each and every health care provider with whom you treated, consulted with, or were examined by: (a) in the ten (10) years preceding the incident giving rise to your complaint; and (b) from the date of said incident to the present date. (8) Identify the existence of and the contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part of all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment; and any documents affecting coverage (such as denying coverage, extending coverage, or reserving rights) from or on behalf of such person to the covered person or the covered person's representative. For purposes of this section, an application for insurance shall not be treated as part of an insurance agreement. Discovery produced pursuant to this subsection shall not be disclosed to the arbitrator except in cases where there are bona fide issues of coverage, offset and setoff submitted to the arbitrator for determination. (9) Identify all parties who you contend have not been properly served with the summons and complaint. Upon request, all records reflecting the treatments, consultations, and examinations must be produced unless the requester is provided a medical authorization sufficient to allow the requester to obtain independent access to said records at his or her own expense. Alternatively, the requesting party may also request records through depositions upon written questions as allowed by CR 31. Only these interrogatories, with the exact language as set out above, are permitted. [Adopted Effective September 1, 1996; Amended Effective September 1, 1998; September 1, 2003; September 1, 2010; September 1, 2011; September 1, 2018]

Local Mandatory Arbitration Rule 4.4 NOTICE OF SETTLEMENT

(a) Notice of Settlement. After any settlement that fully resolves all claims against all parties, the plaintiff shall, within 5 days or before the arbitration hearing, whichever is sooner, file and serve a written notice of settlement on the form prescribed by the Court. The notice shall be filed with both the arbitrator and the Court. Where notice cannot be filed with the arbitrator before the arbitration hearing, the plaintiff shall notify the arbitrator of the settlement by telephone prior to the hearing, and the written notice shall be filed and served within five days after the settlement. (b) Dismissal by the Court. If an order dismissing all claims against all parties is not entered within 60 days after written notice of settlement is filed, or within 60 days after the scheduled arbitration hearing date, whichever is earlier, the court administrator will mail notice to the attorneys of record that the case will be dismissed by the Court for want of prosecution unless, within 10 court days after the mailing, a party makes a written application to the Court, showing good cause why the case should not be dismissed. If good cause is shown, the case may be reinstated to the original arbitrator for an additional 90 days or for such period of time as the Court may designate. If an order dismissing all claims against all parties is not entered during that additional period of time, the court administrator shall issue another notice as described above.

[Adopted Effective September 1, 1996; Amended Effective September 1, 1998]

Local Mandatory Arbitration Rule 5.1 NOTICE OF HEARING

(a) Time For Hearing. The arbitrator shall set the time, date, and place of the hearing and shall give reasonable notice of the hearing date to the parties. Except by stipulation or for good cause shown, the hearing shall be scheduled to take place not sooner than 21 days, nor later than 63 days, from the date of the assignment of the case to the arbitrator, however, in no instance shall the original hearing date be set later than 120 days from the appointment of the arbitrator. The arbitrator may grant a continuance of the hearing date not to exceed 60 days beyond the original hearing date. In the absence of agreement of the parties and arbitrator on the date for any hearing, the arbitrator shall have the authority to set a hearing date over the objection of the parties which is consistent with this rule. Any setting of the original hearing date later than 120 days from the appointment of the arbitrator or any continuance of a hearing date more than 60 days from the original hearing date must be noted on the civil motion docket before the Presiding Judge and will be granted only for good cause shown. (b) Confirmation of Hearing. Parties must confirm the hearing date with the arbitrator one week prior to hearing. Failure to confirm the hearing with the arbitrator may result in the cancellation of hearing at the arbitrator's discretion. Parties must notify arbitrator of a settlement reached prior to the scheduled hearing date in accordance with LMAR 4.4.

[Adopted Effective September 1, 1996; Amended Effective September 1, 1998, September 1, 2003

Local Mandatory Arbitration Rule 5.2 PRE-HEARING STATEMENT OF PROOF - DOCUMENT FILED WITH COURT

In addition to the requirements of MAR 5.2, each party shall also furnish the arbitrator with copies of pleadings and other documents contained in the court file which that party deems relevant. The court file shall remain with the county clerk.

[Adopted Effective September 1, 1996]

Local Mandatory Arbitration Rule 6.1 FORM AND CONTENT OF AWARD (a) Exhibits. All exhibits offered during the hearing shall be returned to the offering parties. (b) Attorney Fees/Statutory Costs. Any motion for actual attorney fees/statutory costs, whether pursuant to contract, statute, or recognized ground in equity, must be presented to the arbitrator as follows: (1) Any motion for an award of attorney fees/statutory costs must be submitted to the arbitrator and served on opposing counsel within five court days of receipt of the award. There shall be no extension of this time, unless the moving party makes a request for an extension before the five day period has expired, in writing, and served on both the arbitrator and opposing counsel; (2) Any response to the motion for attorney fees/statutory costs must be submitted to the arbitrator and served on opposing counsel within five court days after receipt of the motion; (3) The arbitrator shall render a decision on the motion, in writing, within ten court days after receipt of the motion; (4) If the arbitrator awards attorney fees/statutory costs, the arbitrator shall file an amended award. If attorney fees are denied, the decision shall be filed and served on the parties; (5) It is within the arbitrator's discretion to hold a hearing on the issue of attorney fees; (6) The time for appeal of the arbitrator's decision in any case where attorney fees/statutory costs have been timely requested, as set forth above, shall not run until the service and filing of the amended award, or the denial thereof. (c) Transfer Back to Superior Court. If at any time the arbitrator determines that there are no longer issues for the arbitrator to determine, the arbitrator may issue an order directing that the case be transferred back to Superior Court. Any party may, by motion filed with the court clerk within 10 days of such an order, request that a Superior Court judge review such an order. [Adopted Effective September 1, 1996; Amended Effective September 1, 2003; September 1, 2008; September 1, 2018.]

Local Mandatory Arbitration Rule 6.2 FILING OF AWARD The Clerk shall file all arbitration awards under seal. A request by an arbitrator for an extension of the time for the filing of an award under MAR 6.2 may be presented to a superior court judge ex parte. The arbitrator shall give the parties notice of an extension granted.

[Adopted Effective September 1, 1996, September 1, 2015]

Local Mandatory Arbitration Rule 7.1 REQUEST FOR TRIAL DE NOVO - CALENDAR - JURY DEMAND

(a) Assignment of Trial Date. If there is a request for a trial de novo, or the case is otherwise removed from the Mandatory Arbitration calendar, the Court will assign a trial date. (b) Appeal Period -- Attorney Fees. In any case in which a party makes a motion for attorney fees pursuant to LMAR 6.1 (b), the 20-day period for appeal shall not commence until the arbitrator has filed and served either the amended award or the written denial thereof. (c) Case Schedule. Cases originally governed by a Case Schedule pursuant to LCR 4, 4.1, or 4.1A will again become subject to a Case Schedule if a trial de novo is requested. Promptly after the request for trial de novo is filed, the Court will mail to all parties a Notice of Trial Date together with an Amended Case Schedule, which will govern the case until the trial de novo. The Amended Case Schedule will include the following deadlines: SCHEDULE DUE DATE 1. Plaintiff's Disclosure of Lay and Expert Witnesses...... 1 months 2. Defendant's Disclosure of Lay and Expert Witnesses...... 3 months 3. Disclosure of Plaintiff's Rebuttal Witnesses...... 4 months 4. Disclosure of Defendant's Rebuttal Witnesses...... 5 months 5. Discovery Cutoff...... 5 ½ months 6. Settlement Position Statement filed by all parties...... 6 months 7. Last Date for Hearing Dispositive Pretrial Motions...... 6 months 8. Settlement Conference...... 6 ½ months 9. Last Date for Filing and Serving Trial Management Report...... 7 months 10. Pretrial conference...... 7 months 11. Trial Memoranda, Motions in Limine, Jury Instructions...... 2 wks. to trial 12. Trial Date...... 8 months

(d) Jury Demand. The appealing party may file and serve on the other party or parties a jury demand at the same time as the request for a trial de novo. The non-appealing party shall have 14 calendar days after the request for the trial de novo is served on that party to file a jury demand.

[Adopted Effective September 1, 1996; Amended Effective September 1, 1998; September 1, 2000, September 1, 2003, September 1, 2015]

Local Mandatory Arbitration Rule 8.3 EFFECTIVE DATE

Contingent upon funding by the county legislative authority, these rules, as amended, become effective on the first day of January 1997, subject to amendment thereafter. With respect to civil cases pending on that date, if the case has not at that time received a trial date, or if the trial date has been set for later than the first day of April, 1997, any party may serve and file a statement of arbitrability indicating that the case is subject to mandatory arbitration in accordance with the provisions of LMAR 2.1 (a). If, within 10 court days, no party files a response indicating that the case is not subject to arbitration in accordance with the provisions of LMAR 2.1 (b), the case will be transferred to the arbitration calendar. A case set for trial earlier than the first day of April, 1997, will be transferred to arbitration only by stipulation of all parties.

[Adopted Effective September 1, 1996, September 1, 2003]

Local Mandatory Arbitration Rule 8.4 TITLE AND CITATION

These rules are known and cited as the Benton and Franklin Counties Superior Court Local Mandatory Arbitration Rules. LMAR is the official abbreviation.

[Adopted Effective September 1, 1996]

Local Mandatory Arbitration Rule 8.6 COMPENSATION OF ARBITRATOR

(a) Generally. Arbitrators shall be compensated in the same amount and manner as judges pro tempore of the superior court; provided, however, that said compensation shall not exceed $1,000.00 for any case unless approved by the judge assigned to the arbitration administrative committee. Compensation may be requested for hearing time and reasonable preparation time. Arbitrators may be reimbursed a sum not to exceed $25.00 for costs incurred. (b) Form. When the award is filed, the arbitrator shall submit to the court administrator a request for payment on a form prescribed by the court. Request for compensation must be received by Court Administration no later than thirty (30) days from the date of filing the arbitration award.

[Adopted Effective September 1, 1996, Amended September 1, 2009, September 2, 2014, September 1, 2016.]

Local Mandatory Arbitration Rule 8.7 ADMINISTRATION (a) Court Administrator. The court administrator, under the supervision of the Administrative Presiding Judge, shall implement the procedures mandated by these rules and perform any additional duties which may be designated by the Administrative Presiding Judge.

(b) Duties of Administrative Presiding Judge. In the administration of the mandatory arbitration program for Benton and Franklin Counties Superior Court, the Administrative Presiding Judge shall have the power and duty to: (1) Supervise the Court Administrator in the implementation of mandatory arbitration; (2) Select and appoint attorneys to the panel of arbitrators; (3) Remove a person from the panel of arbitrators; (4) Establish procedures for selecting an arbitrator not inconsistent with the Mandatory Arbitration Rules or these rules, and; (5) Review the administration and operation of the arbitration program periodically and make changes as he/she deems appropriate to improve the program.

[Adopted Effective September 1, 1996, September 2, 2014, September 1, 2017.]

Local Criminal Rule 2.3 REVIEW OF SEALED AFFIDAVITS AND SEARCH WARRANTS

(a) Review. The court may review orders sealing search warrants and/or affidavits in support thereof at any time upon the request of the prosecuting attorney or upon motion of the court. (b) Notice to and Response from Prosecuting Attorney. In each case in which the court reviews a previously entered order sealing a search warrant and/or affidavit in support thereof, the prosecuting attorney will be provided at least 14 days prior written notice of such review. Prior to such review the prosecuting attorney may submit to the court a memorandum generally setting forth the state's position with regard to unsealing all portions of or none of the sealed affidavit and/or search warrant. (c) Filing of Responsive Memoranda. The original of any memorandum submitted pursuant to subsection (b) will be filed, unsealed, with the order sealing the affidavit and/or search warrant, and the prosecuting attorney will provide a bench copy to the court. The court will consider any requests by the state to seal all or portions of any affidavits or declarations filed in support of the state's memorandum, and, if granted, enter an appropriate order. (d) Order on Review. After considering the state's position and reviewing in camera the order and the affidavit and/or search warrant sealed pursuant thereto, the court will enter an order that (a) the affidavit and/or search warrant continue to be sealed as previously ordered, (b) designated portions of the affidavit and/or search warrant continue to be sealed and that the remainder thereof be unsealed, or (c) the affidavit and/or search warrant be unsealed.

[Adopted Effective September 1, 2004]

Local Criminal Rule 3.1 RIGHT TO AND ASSIGNMENT OF COUNSEL

(a) Appointment of Counsel. Defendants who request appointment of counsel may be required to promptly execute a financial disclosure under oath, which shall be filed. All appointments of counsel by reason of indigence are expressly contingent upon indigence and full disclosure of assets. Where assets are discovered or acquired subsequent to appointment which would indicate that defendant can afford counsel, or if the defendant can afford part payment, fees may be ordered paid, pursuant to the a ppointment agreement, by the Court. Upon appointment of counsel for indigent criminal defendants or other litigants, the clerk shall promptly provide counsel with notice of the appointment. Attorneys representing defendants in criminal cases, except for appointed attorneys, must serve prompt written notice of their appearance upon the prosecuting attorney and file the same with the Clerk of the Court. Whenever an attorney appears for a defendant in a criminal case at arraignment, the appearance shall be unconditional. No appearance shall be conditioned on payment of fees or for any other reason. (b) Services Other than Counsel. Pursuant to the authority under CrR 3.1(f), all requests and approval for expert services expenditures are hereby delegated to the Benton and Franklin Counties Office of Public Defense. Upon finding that investigative, expert or other services are necessary to an adequate defense and that defendant is financially unable to obtain them, the Benton and Franklin Counties Office of Public Defense (OPD) shall authorize the services. Where services are denied in whole or in part, the defendant may move for de novo review to the Presiding Judge. Should the defendant seek an order sealing the moving papers, defendant shall present, along with the moving papers, a motion and proposed order sealing the documents to the OPD. The OPD shall submit the motion to seal and proposed order with the moving papers regarding request for expert services and the OPD's order on the motion for expert services to the Presiding Judge. (c) Upon Appeal. In cases involving appeals from another court to the Superior Court in which the defendant wishes counsel to be appointed in the Superior court on the basis of indigence, the following will apply: (1) The trial attorney shall be responsible for: (A) Perfecting the appeal to the Superior Court. (B) Noting the issue of appointment of counsel upon the next criminal motion docket following the perfection of the appeal. (C) Preparing an affidavit of indigence. (D) Representing the defendant at such hearing. (2) The defendant shall be present at the hearing upon the motion to establish indigence.

[Adopted Effective April 1, 1986, September 1, 2003, September 1, 2009]

Local Criminal Rule 3.2 RELEASE OF ACCUSED (a) Bail and Recognizance. Defendants on bail or recognizance are expected to be available for nonscheduled appearances upon seventy-two (72) hours notice to defendant or defendant's attorney. They are expected to be present and on time at all scheduled appearances concerning which they have received either oral or written notice. Failure to appear in accordance with this rule may result in forfeiture of bail, revocation of recognizance, issuance of a bench warrant for arrest or additional criminal charges. (b) New Conditions of Release. In the event that bail is forfeited for any reason, new conditions of release must be entered and a new bond posted. No order reinstating a previously forfeited bond shall be issued by the court; however, the court may, for good cause shown, vacate the judgment of forfeiture. (c) Separate Bond Required. All case filings wherein conditions of release requiring bail are set shall require a separate and distinct bond posted by the surety in the specific amount specified for each case. A bond in the aggregate amount for multiple cases will not be allowed nor shall any order be presented to the court that fails to specify the exact amount of bail for each matter addressed in the order. (d) Post-Conviction Release. No plea of guilty shall be conditioned upon any agreement concerning the conditions of release provided for in CrR 3.2(f). (e) Bench Warrant after Failing to Appear in Response to a Summons. Any time a defendant fails to appear in response to a summons, including an LFO summons, where it is shown that the summons was not deliverable to the address where sent, and a bench warrant is issued, bail shall be initially set at the sum of $100.00.

[Adopted Effective April 1, 1986, September 1, 2004, September 1, 2009, September 1, 2017]

Local Criminal Rule 3.4 COURT APPEARANCE OF DEFENDANTS

All preliminary and timely arrangements for the court appearance of any defendant held in custody shall be the responsibility of the Prosecutor in charge of the case.

[Adopted Effective April 1, 1986]

Local Criminal Rule 4.2 PLEAS AND CONTINUANCES

(a) When Heard. If a criminal case is set for trial, but is to be disposed of by a change of plea, the plea shall be heard on or before the pre-trial hearing unless the court authorizes a continuance until a later date. (b) Court Commissioners. Superior Court Commissioners appointed under Article 4, Section 23 of the Washington State Constitution are authorized to accept and enter a plea of guilty.

[Adopted Effective April 1, 1986; Amended September 1, 2000, September 1, 2003]

Local Criminal Rule 4.5 OMNIBUS HEARINGS (a) When Heard. In every criminal case (except appeals) an omnibus hearing date will be set at the time of arraignment. Normally, it will be set for four (4) weeks from the date of arraignment. At the time of the hearing, it will be expected that defense counsel and Prosecuting Attorney will have already met and disposed of all matters on the omnibus application that can be disposed of and that plea bargaining will have been considered. (b) General Provisions. If there are any unresolved matters, they will be determined by the Court at the hearing, or, upon good cause shown, they may be set for a further hearing. If it is necessary to hold a suppression hearing, a date certain will be set for such hearing at the time of the omnibus hearing. However, the matter of suppression may be reserved at the first omnibus hearing. The defendant shall be present at the omnibus hearing. If there will be no pre-trial motions or hearings in a case, and all parties agree that an omnibus hearing would not be beneficial, waiver of the hearing may be requested by written stipulation which shall be signed by the Prosecuting Attorney, defense counsel and defendant. Such a request constitutes an assurance that the case is ready for trial on the date set and that all pre-trial matters have been disposed of, and the waiver shall so state. All rulings of the Court at omnibus hearings or otherwise made in the Criminal Motion Department shall be binding on the parties and shall not be re-litigated at trial. (c) Pleadings. All briefs, declarations, affidavits, trial briefs, proposed jury instructions, motions, proposed findings of fact and conclusions of law, sentencing position statements, and pre-sentence investigation reports shall be served and filed in the cause. Unless a party does not have access to a computer or the internet, bench copies of all such documents shall be submitted electronically via the internet at http://motion.co.franklin.wa.us/. Parties without access to a computer and the internet shall deliver bench copies to the Court administrator. All bench copies must be submitted as soon as allowed under these rules, not later than nine (9:00) o'clock a.m., one (1) court day prior to the scheduled hearing, proceeding or trial. No bench copies shall be submitted to the Court unless prior thereto or simultaneously therewith a copy thereof has been served upon or mailed to opposing counsel. All paper bench copies will be destroyed one (1) week after the original date noted for hearing unless counsel requests copies be returned with return postage arranged, or unless Court Administration is advised of the new hearing date. When hearings are continued, the parties shall amend the hearing date associated with all bench copies submitted electronically to reflect the new hearing date. [Adopted Effective April 1, 1986, Amended Effective September 1, 2011; September 1, 2018.]

Local Criminal Rule 4.9 PRE-TRIAL HEARINGS (a) General Provisions. In every criminal case, a hearing shall be held for the purpose of determining whether the parties have fully considered the possibility of disposition of the case without trial; for the purpose of entering a plea should a plea be tendered; for considering the matter of requests for continuance; and for any other appropriate matters. Such hearing shall be mandatory and the defendant's presence at such hearing shall be mandatory. (b) General Provisions. The hearing shall be set on the criminal law and motion docket (2) dockets prior to the trial date. It shall be the responsibility of each defense attorney, upon receipt of the notice of the trial date, to notify the defendant of this hearing. The failure of the defendant to be present at such hearing (unless the case has been previously disposed of) will be presumed to result in the revocation of bail or personal recognizance and the issuance of a bench warrant for the defendant's arrest. It may also result in the imposition of the sanctions. (c) Pleadings. All briefs, memorandums, declarations, affidavits, and motions to be argued or relied upon in connection with a CrR 3.5, CrR 3.6, or other Pre-Trial evidentiary hearing shall be served and filed in the cause. Bench copies shall be submitted in accordance with LCrR 4.5(c). (d) Sanctions, Enforcement, and Non-Compliance Hearing. If a party fails to submit bench copies the Court may continue the hearing, impose terms and enter other orders as may be appropriate. [Adopted Effective April 1, 1986; Amended September 1, 2009; September 2, 2014; September 1, 2018.]

Local Criminal Rule 4.11 TRIAL CONFIRMATION

Prosecuting attorneys and defense counsel shall confirm with the Court Administrator's office all criminal jury trials in Benton County no later than 4:00 p.m. on the Thursday prior to the trial date and in Franklin County no later than 12:00 p.m. on the Friday prior to the trial date.

[Adopted effective September 1, 2005, Amended September 1, 2011]

Local Criminal Rule 7.1 PROCEDURE BEFORE SENTENCING

A defendant convicted of a crime shall be sentenced as soon thereafter as possible, consistent with the necessity for securing a pre-sentence report and related diagnostic evaluations, where appropriate. In no case will any order be entered which has the effect of delaying sentencing pending the initiation or completion of a rehabilitative treatment program (as distinguished from a diagnostic evaluation).

[Adopted Effective April 1, 1986, September 1, 2003]

Local Criminal Rule 7.2 SENTENCING

(e) Pre-Sentence Reports. Pre-sentence reports may be ordered by the Court from one or more of the following sources: (1) The Washington State Office of Adult Probation and Parole. (2) The Prosecuting Attorney and defense counsel. All pre-sentence reports should present alternatives to incarceration in those cases in which it may appear that the public security can be accomplished and the defendant's behavior altered by such an alternative.

All pre-sentence reports should indicate the loss or injury to the victim by description and in dollar amounts where applicable.

Immediately upon the Court's ordering of a pre-sentence investigation, the clerk shall notify the Washington State Office of Adult Probation and Parole.

[Adopted Effective April 1, 1986]

Local Criminal Rule 8.2 EXPEDITED CONSIDERATION OF MOTIONS As necessary, to expedite the business of the court and in order to ensure the best use of judicial and court resources, criminal and LFO matters may be noted on a shortened-time basis on the daily preliminary docket, provided the note for motion docket cites to this rule.

[Adopted Effective September 1, 2017]

Local Juvenile Court Rule 1.1 SCOPE OF RULES, PURPOSE OF RULES, EFFECTIVE DATE, AMENDMENTS

(A) Scope. These local rules relate to the procedure in the Juvenile Court of Benton and Franklin Counties and shall supplement the State Superior Juvenile Court Rules. These rules shall also govern the policy and administration of the Juvenile Court. (B) Purpose. The express purpose of the local rules is to develop standardized policy and procedures to ensure the fair and efficient operation of the Benton-Franklin Juvenile Division of the Superior Court of the State of Washington in Benton and Franklin County. (C) Effective Date. These rules shall take effect on the 1st day of April 1988. All previous existing local Juvenile Court rules are hereby superseded and declared void by the adoption of these rules. (D) Amendments. The Judges of the Benton-Franklin County Superior Court may from time to time amend these rules.

[Adopted effective April 1, 1988, amended effective September 1, 2003]

Local Juvenile Court Rule 1.6 JUVENILE COURT ADMINISTRATOR DUTIES AND AUTHORITY

(A) Juvenile Court Administrator 1. In accordance with RCW 13.04.035, the Juvenile Court will be directed by an Administrator who is appointed by the Judges of the Superior Court and shall serve at their pleasure. 2. The Administrator shall direct the Juvenile Court in accordance with the policies and rules of the Judges and shall be directly responsible to the presiding Juvenile Court Judge for all departmental operations and for the carrying out of court rules and policies. 3. The Administrator shall establish written departmental rules and procedures to carry out the statutory duties of the court and to comply with court rules and policy. Such written rules and procedures shall be approved by the Superior Court Judges. 4. In accordance with RCW 13.04.040, the Administrator shall appoint probation counselors who shall serve at the pleasure of the Administrator. The Administrator may also designate a Deputy Administrator subject to concurrence of the Judges. 5. The Administrator shall have the authority to organize the personnel of the department as the Administrator may deem appropriate for the carrying out of the statutory duties of the court and to comply with court rules and policy. 6. The Administrator shall have the authority to administer the approved budget of the department, to contract for expenditures, and authorize payment in accordance with state law and county policy. All contracts are subject to review as to form by the respective County Prosecuting Attorney. 7. The Administrator shall have the authority to establish written working agreements with other agencies in regard to the carrying out of the statutory work of the court. Such written working agreements are subject to review as to form by the respective County Prosecuting Attorney. 8. The Administrator shall, in accordance with RCW 13.04.037, adopt written standards for the regulation and government of the juvenile detention facility and services and shall appoint a detention counselor who shall have charge of the detention facility and shall be responsible to the Administrator for compliance with the adopted detention standards. Such standards shall be reviewed and the detention facilities shall be inspected annually by the Administrator. 9. The Administrator shall establish written departmental rules concerning the assignment and use of all equipment, including all motor vehicles registered or assigned to the Juvenile Court to ensure the equipment is being used for the business of the court and in accordance with state law and county policy. 10. The Administrator shall establish written rules regarding employee working hours and conditions. The Administrator may authorize or prescribe deviations from the normal workday as the business of the court or department may require. The Administrator shall represent the court in any negotiations with employees regarding working conditions, hours and rules. 11. The Administrator shall establish written rules for employee discipline, which may include, but are not limited to, verbal and/or written reprimand, suspension without pay or termination, in accordance with state law and county policy. 12. The Administrator shall establish and maintain a central record keeping system. Written rules and procedures shall be established governing the record keeping system. Such rules and procedures shall be subject to review by the Judges. Such record keeping system may be computerized. 13. The Administrator shall prepare annually a plan for the Juvenile court, which shall include a proposed budget for the next calendar year. 14. The Administrator shall perform such other duties as required by the Judges.

[Adopted effective April 1, 1988, Amended effective September 1,2016]

Local Juvenile Court Rule 1.7 COURT FORMS

(A) Generally. It shall be the policy of the court to use standardized court forms whenever possible. Pursuant to RCW 13.34.035 standardized forms are required in all dependency matters. (B) Review. All court forms shall be subject to review by the Judges and Court Commissioners.

[Adopted effective April 1, 1988, September 1, 2015]

Local Juvenile Court Rule 1.8 PUBLICATION

(A) Generally. Any party may file with the Clerk of the Court a Motion and Affidavit requesting an Order for the publication of Notice and/or Summons. (B) Procedure. Upon the issuing of an Order to publish with the Clerk of Court, the Clerk shall forward the notice and summons and order for publication to the newspaper that is named in said order. 1. Upon receipt of an Affidavit of Publication, the Clerk shall file the original affidavit and provide copies to appropriate parties. (C) Costs. The costs of publication shall be borne by the county. 1. Nothing in this Rule shall prevent the court from ordering a party to reimburse the county for the costs of publication.

[Adopted effective April 1, 1988, September 1, 2013]

Local Juvenile Court Rule 1.9 CONTINUANCES

(A) Generally. Continuances or other delays may be granted only as follows: 1. Upon written agreement of the parties, which must be personally signed by counsel representing all the parties and must be approved by the Court. 2. On the motion of a party, the court may continue a juvenile offender matter when required in the due administration of justice and none of the parties to the action will be substantially prejudiced in the presentation of their case. 3. On the motion of a party, the court may continue an action pursuant to RCW 13.32A, RCW 13.34, or RCW 13.50 when good cause is established and none of the parties to the action will be substantially prejudiced in the presentation of their case. 4. The court must state its reasons on the record for granting a motion for a continuance. 5. All continuances shall be to a date certain and confirmed by written order. (B) Trial Dates/Fact-Finding Hearings. Unless an agreed order is presented, all motions for a continuance of a trial date in offender matters or fact-finding hearings pursuant to RCW 13.32A, RCW 13.34 or RCW 13.50 shall be presented in open court by the moving party.

[Adopted effective April 1, 1988, Amended effective September 1, 2016]

Local Juvenile Court Rule 1.10 ISSUANCE AND SERVICE

(A) Generally. 1. Juvenile offenders and their parent(s), guardian(s), or custodian(s) may be served by mail, postage prepaid. The respective Clerk of the Court shall be responsible for the mailing of the necessary documents and for the filing of an Affidavit of Mailing. The respective Prosecuting Attorney's office shall be responsible for the preparation of such documents. a. Exceptions. The above procedure shall apply to all offender matters except diversion terminations and community supervision violations. In those matters, juvenile court/diversion unit staff shall be responsible for the preparation of the appropriate documents, including the Notice/Summons. 2. Parties to juvenile dependency, guardianship and termination of parental rights proceedings and matters may be served by certified mail, return receipt requested. The respective Clerk of the Court shall be responsible for the filing of an Affidavit of Mailing and the returned receipt. The Attorney General's Office shall be responsible for preparing the appropriate documents for dependency, guardianship, and termination of parental rights matters. (B) Failure to Appear on Summons - Offender Matters. 1. If a person fails to appear in response to a Notice/Summons, or if service is not effected within a reasonable time, a warrant for arrest shall be issued. A reasonable time to effect service shall be defined as service within ten (10) days of the filing of the information.

[Adopted effective April 1, 1988, September 1, 2013, September 1, 2015]

Local Juvenile Court Rule 1.11 MEDICAL CONSENT AUTHORIZATION

RULE RESCINDED SEPTEMBER 1, 2017

Local Juvenile Court Rule 1.12 BRIEFS AND OTHER DOCUMENTS

All pleadings [including, motions, briefs, proposed findings of fact and conclusions of law and proposed judgments] pertaining to dependency, termination, guardianship and juvenile criminal proceedings shall be served and filed with the respective Superior Court Clerk. The originals of all court reports and GAL Reports shall be submitted to the Court via the Juvenile Legal Process Staff. Unless a party does not have access to a computer or the Internet, bench copies of all such documents (except as stated herein) shall be submitted electronically via the internet at http://jmotion.co.franklin.wa.us/ for dependency matters, and http://motion.co.franklin.wa.us/ for juvenile criminal matters. In juvenile criminal matters a copy will also be given to Juvenile Legal Process. When hearings are continued, the parties shall amend the hearing date associated with all bench copies submitted electronically.

Parties without access to a computer and the Internet shall deliver bench copies to the Benton Franklin Counties Juvenile Court Legal Process Staff, 5606 W. Canal Place, Suite 106, Kennewick, WA 99336. All bench copies must be submitted not later than nine (9:00) o'clock a.m. one court day prior to the scheduled hearing, proceeding or trial. No bench copies shall be submitted to the Court unless prior thereto or simultaneously therewith a copy thereof has been served upon or mailed to opposing counsel. All paper bench copies will be destroyed one (1) week after the original date noted for hearing unless counsel requests copies be returned, with return postage arranged, or unless the Legal Process Staff is advised of the new hearing date. Bench copies of the following documents need not be provided: Notices of hearings, notes for dockets, proposed statements of defendant on plea of guilty, proposed judgments and sentences, probation violation reports, preliminary disposition reports, detention reports, review hearing reports, decline reports, juvenile offender diagnostic/predisposition reports, and proposed orders establishing conditions of release. Bench copies of trial exhibits to be offered in termination trials may, but need not be submitted, and if submitted, may but need not be submitted electronically. As used in this rule, juvenile probation counselors and staff of the Juvenile Court are not parties. This rule shall not apply to BECCA matters including Children in Need of Services, At-Risk Youth, and Truancy. Pursuant to GR 30(b)(4) participants in dependency, termination and guardianship are deemed to electronically accept service of all documents as of the time and date the documents are uploaded to jMotion. This does not preclude parties from serving documents as authorized in CR 5. This shall not apply to service of original process.

[Adopted effective September 1, 2012, September 1, 2013, September 1, 2015, September 1, 2016]

Local Juvenile Court Rule 2.3 SHELTER CARE HEARINGS

(A) Generally. A shelter care hearing shall be held in all cases where a child has been taken into custody pursuant to RCW 13.34.060 and/or RCW 26.44.050 and a petition has been filed. The hearing shall be held within 72 hours, excluding weekends and holidays. 1. In all cases initiated by a lay person filing a dependency petition and the taking of a child into custody pursuant to the above-referenced statute, a caseworker shall be assigned to the matter in order to provide a recommendation to the court as to the need for shelter care. Juvenile court staff shall immediately notify the Attorney General's office of any dependency cases initiated by an individual or agency other than the Department of Social and Health Services. (B) Notice. Notice shall be given to all parties as required by RCW 13.34.060 and JuCr 2.3. (C) Procedure. At the hearing the court shall: 1. Advise the parties of their rights pursuant to statute and court rules; 2. Enter an order of shelter care and continuing the matter for a contested proceeding. 3. At the contested hearing, the court shall take testimony and/or admit documentary evidence concerning the circumstances for taking the child into custody and the need for shelter care; 4. Consider the recommendation made to the court by the Department of Social and Health Services; 5. Enter an appropriate Order.

[Adopted effective April 1, 1988, Amended effective September 1, 2006]

Local Juvenile Court Rule 2.4 CASE SCHEDULE

At the initial shelter care hearing, case hearing dates and related dates through the disposition hearing will be approved by the Court and entered on the Dependency Order Setting Case Schedule. All parties will be provided a copy of the case schedule at the shelter care hearing.

[Adopted effective September 1, 2003, Amended effective September 1, 2006]

Local Juvenile Court Rule 3.2 DEPENDENCY PETITIONS

(A) Generally. Any person may file a petition alleging a dependency. Each petition shall be verified by the individual filing the petition as including allegations, which are supported by documents and/or statements by third parties. Each petition must contain a statement of facts constituting a dependency, and the names and residence, if known to the petitioner, of the parents, guardian or custodian of the alleged dependent child. A layperson requesting to file a petition shall be initially referred to the Department of Social and Health Services to file a CPS referral for appropriate investigation. (B) Verification. All petitions shall be verified and contain a statement of facts constituting such dependency. (C) Upon filing of a dependency petition, the Court will appoint counsel for the parent, guardians or custodians and will appoint counsel or a guardian ad litem for the child. The parent, guardian or custodian must complete the financial statement documents as requested by the court for further court approval of appointment of counsel.

[Adopted effective September 1, 2003, Amended effective September 1, 2006]

Local Juvenile Court Rule 3.3 CASE CONFERENCE

(A) Generally. Unless waived, all parties and court appointed GALs shall participate in a case conference to address the following issues: 1. Placement of the child; 2. Visitation; 3. Services being recommended for the children and parents; 4. Whether other case issues can be agreed and stipulated to; 5. Whether entry of a dependency fact-finding order is agreed to; 6. Whether disposition order provisions are agreed to; and 7. Any other outstanding issue. (B) Conference Date. Unless waived, the case conference shall be held within four weeks after the filing of the petition on the date established by the case schedule order.

[Adopted effective September 1, 2003, Amended effective September 1, 2006, September 1, 2016]

Local Juvenile Court Rule 3.4 TELEPHONE STATUS CONFERENCE

(A) Generally. The court may conduct a telephonic conference to include the attorneys and guardian ad litem, who shall participate to ascertain the status of the case. Issues to be determined will be the accomplishment of service, whether the case conference issues discussed by the parties are agreed or contested, whether any motions are anticipated, and any other outstanding issues. (B) Agreed Orders. If the parties are in agreement, the process for entering an agreed order will be established. (C) Contested Issues. If there are contested issues, the parties shall address: 1. Continuances; 2. Trial date, length of trial, and time to be allotted to each party; 3. Discovery matters; 4. Motions; 5. Briefing schedule; and 6. Witnesses and exhibits. (D) Telephone Status Conference Date. The Court shall schedule the telephone status conference on the date established in the case schedule order. The status conference may be rescheduled for good cause shown.

[Adopted effective September 1, 2003, Amended effective September 1, 2006, September 1, 2016]

Local Juvenile Court Rule 3.5 UNCONTESTED FACT-FINDING DATE

(A) Generally. Any remaining issues not resolved at the status conferences, including service issues, shall be addressed at the uncontested docket date. Default and agreed orders shall be entered. (B) Uncontested Docket Date. The uncontested fact-finding hearing shall be held pursuant to the Order Setting Case Schedule. (C) Witness and Exhibit Lists. On the Friday immediately following the uncontested, fact-finding date, the parties shall exchange witness and exhibit lists. Witness lists shall include the names, addresses, and telephone numbers of the witnesses.

[Adopted effective September 1, 2003, Amended effective September 1, 2006, September 1, 2016]

Local Juvenile Court Rule 3.6 CONTESTED FACT FINDING HEARINGS Generally. Unless an agreed order or default order has been entered, the Court shall hold a fact-finding trial as to whether the child is dependent pursuant to statutory definitions. Hearing Date. Contested fact finding trials shall commence within 75 days of the filing of the petition, unless continued by the Court due to exceptional circumstances.

[Adopted effective September 1, 2003, Amended effective September 1, 2006, September 1, 2016, September 1,2017]

Local Juvenile Court Rule 3.7 DISPOSITION HEARING

(A) Generally. After a child is agreed to be dependent or found by the court to be dependent, a hearing shall be held to address disposition issues, including but not limited to, placement of the child, visitation, and services to be provided to the family during the course of the dependency. A court report, consisting of a written evaluation of matters relevant to the disposition of the case shall be made. The court report shall include all social records and shall be made available to the court. (B) Contents. Court reports and predisposition reports will address the factors listed in RCW 13.34.120. (C) Times. All dispositional hearings will be held immediately following the fact-finding hearing unless there is good cause to continue the matter for up to fourteen days. The Court may continue the dispositional hearing longer than fourteen days if there is good cause shown. 1. Reports including the agency's proposed court report shall be provided and/or mailed to the court, the parties, and counsel no later than ten (10) working days prior to the dispositional hearing. Pursuant to LJCR 1.12. 2. Parties and other respondents shall provide written responses, accompanied by supporting documentation to all matters contained in the court report, GAL reports and filed motions of which they have substantial disagreement no later than nine (9:00) o'clock a.m. one court day prior to the review or disposition hearing. Failure to file a written response will not be considered good cause for a continuance. (D) Initial Review Hearing. The initial review hearing shall be held no later than six (6) months from the initial out of home placement or no more than ninety days from the entry of the disposition order, whichever comes first. The court shall schedule the initial review hearing at the time of the dispositional hearing. (E) Review Hearing. The court shall schedule a review hearing at the time of the dispositional hearing.

[Adopted effective April 1, 1988, Amended effective September 1, 2003; September 1, 2006, September 1, 2012, September 1,2016]

Local Juvenile Court Rule 3.8 DEPENDENCY REVIEW HEARING

(A) Generally. The status of all children found to be dependent shall be reviewed by the court at least every six (6) months at a hearing where it shall be determined whether court supervision should continue. The court shall receive a written evaluation of matters relevant and material to the need for further court supervision and placement of the child. (B) Sources. A written evaluation may be ordered by the court from the following sources: 1. Department of Social and health Services or related agency; or 2. Any other source that can provide relevant and material information on the issue of the need for further Court supervision and placement of the child. 3. Written responses to the evaluation from the parties will include supporting documentation, if applicable, and will be provided to the court not later than nine (9:00) o'clock a.m. one court day prior a review hearing. (C) Contents. All written evaluations will address the factors listed in RCW 13.34.130. (D) Times. All dependency review hearings shall be set as to date and time in open court at the time of the previous hearing.

1. All court reports will be provided to the court and counsel no later than ten (10) working days prior to the review hearing. 2. Addenda to court reports or GAL reports may be provided to the court and the parties not later than nine (9:00) o'clock a.m. one court day prior to the hearing. Otherwise, the information must be provided to the court verbally at the hearing. 3. Parties and other respondents shall provide written responses, accompanied by supporting documentation, to all matters contained in the court report, GAL reports and filed motions of which they have substantial disagreement not later than nine (9:00) o'clock a.m. one court day prior to the review or disposition hearing. Failure to file a written response will not be considered good cause for a continuance.

[Adopted effective April 1, 1988, Amended effective September 1, 2006, September 1, 2012, September 1,2016]

Local Juvenile Court Rule 3.9 GUARDIANSHIP IN JUVENILE COURT

(A) Generally. Any party to a dependency proceeding may file a petition requesting that guardianship be created as to a dependent child pursuant to RCW 13.36.030. (B) Procedure. Once a petition has been filed with the Clerk of the Court, the petitioner shall: 1. Notify the Department of Social and Health Services; 2. Schedule a date and time for a hearing on the petition and file a Notice and Summons stating such information; (C) Order. If the court establishes a guardianship pursuant to RCW 13.36.030, et. seq., the court shall enter an Order to that effect that addresses the matters required by statute, including RCW 13.36.050.

[Adopted effective April 1, 1988, Amended effective September 1, 2006, September 1, 2012, September 1, 2015]

Local Juvenile Court Rule 3.10 FINAL PARENTING PLANS

Upon the Court granting concurrent jurisdiction from the dependency court, a party to a dependency action may file the necessary pleadings for entry of an agreed final parenting plan in the dependency court, pursuant to RCW 13.34.155 and RCW 26.

[Adopted effective September 1, 2013, Amended September 1, 2016]

Local Juvenile Court Rule 4.1 INVOKING JURISDICTION OF JUVENILE COURT

(A) Generally. Juvenile Court jurisdiction is invoked over a proceeding to terminate a parent-child relationship and to establish a Chapter 13.36 guardianship by filing a petition. (B) New and Separate Cause Number. All petitions to terminate a parent-child relationship and to establish a Chapter 13.36 guardianship filed with the Court shall be assigned a new and separate cause number, and the respective Superior Court Clerk shall open a file separate from any original dependency file.

[Adopted effective April 1, 1988, Amended effective September 1, 2006, September 1, 2013, September 1, 2015]

Local Juvenile Court Rule 4.2 PLEADINGS

(A) Petition. All petitions to terminate a parent-child relationship shall contain the elements required in JuCr 3.3, be verified, and shall state the facts and circumstances which underlie each of the allegations required by RCW 13.34.180 and 13.34.190. Petitions involving voluntary relinquishment of parental rights shall attach the relinquishment rights and consent form signed by the parent(s). (B) Answer. All petitions to terminate a parent-child relationship and to establish a Chapter 13.36 guardianship shall be answered by the parties. All answers shall be in written form and shall conform to the Superior Court Civil Rules. Failure to answer the petition may constitute grounds for entry of termination or guardianship by default in the Juvenile Court's discretion.

[Adopted effective April 1, 1988, September 1, 2015]

Local Juvenile Court Rule 4.3 NOTICE OF TERMINATION HEARING

(A) Generally. Notice of the termination hearing and a copy of the petition shall be served on all parties in the manner defined by RCW 13.34.070(7) and (8) or published in the manner defined by RCW 13.34.080. Notice of the date and time of the termination hearing and any pre-trial hearings shall be sent to all parties in the manner defined by RCW 13.34.070(7) and (8) if their addresses or location can be ascertained. (B) Indian Children. If the petitioner knows or has reason to know that the child involved is an enrolled or enrollable member of an Indian tribe, the petitioner shall notify the Bureau of Indian Affairs (BIA) in the manner required by RCW 13.34.070(10), 25 U.S.C. 1912 and 13.38.070.

[Adopted effective April 1, 1988, Amended September 1, 2015, September 1, 2016]

Local Juvenile Court Rule 4.4 DISCOVERY IN PROCEEDINGS TO TERMINATE PARENT-CHILD RELATIONSHIP

(A) Generally. Discovery shall be conducted according to the Superior Court Civil Rules. Witness lists and exhibit lists shall be provided per the Order Setting Case Schedule. Failure to provide a witness list may result in sanctions in the discretion of the Juvenile Court.

[Adopted effective April 1, 1988, September 1, 2015]

Local Juvenile Court Rule 4.5 SCHEDULING THE TERMINATION HEARING OF PARENTAL RIGHTS HEARING/PRE-TRIAL HEARING

(A) At the initial hearing, case hearing dates and related dates through the trial date will be approved by the Court and entered on the Termination Order Setting Case Schedule. All parties will be provided a copy of the case schedule at the initial hearing.

[Adopted effective April 1, 1988, Amended effective September 1, 2006]

Local Juvenile Court Rule 5.2 ALTERNATIVE RESIDENTIAL PLACEMENT PETITIONS

RESCINDED 9/1/2015

Local Juvenile Court Rule 5.6 DISPOSITION HEARING

RESCINDED 9/1/2015

Local Juvenile Court Rule 5.7 REVIEW HEARINGS; ALTERNATIVE RESIDENTIAL PLACEMENTS

RESCINDED 9/1/2015

Local Juvenile Court Rule 6.6 TERMINATION/MODIFICATION OF DIVERSION AGREEMENTS

(A) Generally. Diversion unit(s) shall have the authority to file with the Clerk of the Court a petition and affidavit alleging a substantial violation of a juvenile's diversion agreement and seek termination or modification of the agreement. (B) Procedure. Once the petition and affidavit alleging violation of a juvenile's diversion agreement has been filed, the diversion unit shall immediately inform the respective Prosecuting Attorney's Office and the appropriate Juvenile Court unit to ensure the matter is scheduled and all appropriate parties are notified of the hearing date, time and place. 1. The diversion unit will prepare a written report on the alleged violations. Copies will be provided to all appropriate parties. 2. A representative of the diversion unit familiar with the particular case will be present at such hearing. (C) Issuance of Notice/Summons. The Clerk of the Court shall be delegated the authority to issue Notice/Summons pursuant to a petition to terminate/modify a diversion agreement without the need for a formal order from the court.

[Adopted effective April 1, 1988]

Local Juvenile Court Rule 7.3 DETENTION AND RELEASE

(A) Generally. No juvenile offender or alleged juvenile offender will be released from court-ordered detention unless a written Order to that effect has been approved by the parties and signed by a Court Commissioner or Superior Court Judge. (B) Procedure. The Juvenile Court detention staff, probation counselors and Prosecuting Attorneys will establish written procedures to be followed. Such procedures will be subject to review by the judges.

[Adopted effective April 1, 1988]

Local Juvenile Court Rule 7.6 ARRAIGNMENT AND PLEAS

(A) Generally. Unless waived pursuant to these rules, an arraignment hearing shall be held no later than twenty-one (21) days after the information is filed. Attendance by the alleged juvenile offender is mandatory. At arraignment, the juvenile shall be arraigned on the charges set forth in the information. If a juvenile is detained, his/her arraignment hearing shall be held no later than fourteen (14) days after the information is filed. (B) Procedure. 1. The juvenile and his/her counsel shall review, prepare and complete the following forms and present them to the court at the hearing: a. Juvenile's Acknowledgement of Advisement of Rights; and b. Juvenile's Notice/Advisement of Records. 2. At arraignment, the court shall: a. Appoint or confirm assignment of counsel; b. Confirm the juvenile is aware of his/her rights; and the record provisions of RCW 13.50; c. Take a plea from the juvenile of either guilty, not guilty or not guilty by reason of insanity; d. Determine if discovery has been given; and e. Set the next appropriate court date. 3. Group Arraignments. The court may advise juvenile respondents of their rights and explain the record provisions of RCW 13.50 in a group proceeding. All other portions of the arraignment shall be accomplished individually. (C) Name and Date of Birth. The juvenile respondent shall be asked his/her true name and date of birth. If the juvenile alleges that his/her true name and/or date of birth is other than indicated on the information, it shall be entered in the Minutes of the court and subsequent proceedings shall be had against the respondent by the indicated name and date of birth.

(D) Reading. The information shall be read to the juvenile respondent, unless the reading is waived, and a copy shall be provided to the respondent and his/her counsel.

[Adopted effective April 1, 1988]

Local Juvenile Court Rule 7.7 PLEAS OF GUILTY

(A) Procedure. The juvenile respondent and his/her counsel shall prepare and complete a Statement of Juvenile on Plea of Guilty before appearing in court. The juvenile respondent and his/her counsel shall present the completed statement to the court. After receiving the completed statement, the court shall conduct a detailed inquiry addressing: 1. The meaning and effect of a plea of guilty; 2. The elements of the offense alleged; 3. The juvenile's acknowledgement of his/her guilty on each and every element of the offense alleged; 4. The standard sentencing range and the maximum punishment for the offense alleged; 5. The juvenile's understanding of and the meaning of the prosecutor's recommendation; and 6. Any other appropriate matters. Upon acceptance of the plea, the court shall have the juvenile respondent sign the statement in open court. The statement shall be filed with the Clerk of the Court. (B) Withdrawal of Plea of Guilty. A motion to withdraw a plea of guilty may be made only before sentence is imposed and upon a showing of good cause. The court may set aside an Order of Disposition and permit a juvenile respondent to withdraw his/her plea of guilty to correct an injustice. (C) Form. The Statement of Juvenile on Plea of Guilty will conform substantially with JuCr 7.7.

[Adopted effective April 1, 1988, Amended effective September 1, 2016]

Local Juvenile Court Rule 7.12 DISPOSITIONAL HEARING - OFFENDER PROCEEDINGS (A) Time. If the respondent pleads guilty or is found guilty of the allegations in the information, the court shall enter its findings upon the record and proceed immediately to the disposition unless: 1. The court believes additional information is necessary, or 2. The court believes additional time is needed to determine an appropriate custody or living situation, or 3. Commitment is to be considered and additional time is necessary to seek alternatives, or 4. The court deems a continuance is otherwise necessary. (B) Sources. Predispositional reports may be ordered by the court from one or more of the following sources: 1. The Benton-Franklin County Juvenile court staff; 2. The Prosecuting Attorney; 3. The defense counsel; and 4. Any other source that can provide relevant and material information on the issue off an appropriate disposition. (C) Form. All predispositional reports will address the various factors required by RCW 13.40.150. All predispositional reports should present alternatives to commitment in those cases, which it may appear that public security can be accomplished, and the offender's behavior altered by such an alternative. All reports shall be provided to the court and counsel no later than two (2) days prior to the dispositional hearing. (D) Restitution, Court Costs and Victim's Assessment. The court shall address the Respondent's ability to pay, make inquiry pursuant to current status of the law, and may receive information from the juvenile justice staff, to assist in the determination of the amount of restitution, court costs and victim's assessment. The court shall fix the amount of restitution, court costs and victim's assessment at the dispositional hearing or subsequent hearing. (E) Manifest Injustice Findings. If the court imposes a sentence based upon a finding of manifest injustice, the court shall set forth those portions of the record material to the disposition.

[Adopted effective April 1, 1988; Amended effective September 1, 2016; September 1, 2017]

Local Juvenile Court Rule 7.15 MOTIONS - JUVENILE OFFENSE PROCEEDINGS

(A) Generally. All motions, including motions to suppress evidence, motion regarding admissions, and other motions requiring testimony, shall be heard at the time of trial unless otherwise set by the Court, together with a brief which shall include a summary of the facts upon which the motions are based, not later than five (5) days before the adjudicatory hearing. Reply briefs shall be served and filed with the Court no later than noon of the Court day before the hearing. (B) To dismiss for Delay in Referral of Offense. The Court may dismiss information if it is established that there has been an unreasonable delay in referral of the offense to the Court. For purposes of this rule, a delay of more than thirty (30) days from the date of completion of the police investigation of the offense to the time of filing of the charge shall be deemed prima facie evidence of an unreasonable delay. Upon a prima facie showing of unreasonable delay, the Court shall then determine whether or not dismissal or other appropriate sanction will be imposed. Among those factors otherwise considered, the Court shall consider the following: 1. The length of the delay; 2. The reason for the delay; 3. The impact of the delay on ability to defend against the charge; and 4. The seriousness of the alleged offense. Unreasonable delay shall constitute an affirmative defense which must be raised by motion not less than one (1) week before trial. Such motion may be considered by affidavit.

[Adopted effective April 1, 1988]

Local Juvenile Court Rule 7.16 BAIL

(A) Generally. All juveniles held in detention on probable cause shall have the right to have bail addressed in their first court appearance. If bail is granted, it may be posted by either cash or bond. The juvenile will be released from detention to an approved party only on the referral or cause number for which bail is posted. The court may impose additional conditions of release pursuant to RCW 13.40.040(4). (B) Procedure. The following steps shall be followed: 1. The issue of bail shall be first addressed at the first appearance hearing. 2. If bail is authorized by the Court, it shall be posted with the respective County Clerk during normal business hours or with the Benton-Franklin Counties Detention Center when the respective County Clerk's Office is closed. Prior to release, the juvenile shall be advised of the next hearing date, any other conditions of release and that failure to appear may result in bail forfeiture and prosecution for bail jumping. When a bond is filed with the Clerk of the Court in Benton or Franklin County, the Clerk in the respective County shall issue a certified copy of the original bond to juvenile detention. 3. A juvenile detainee will not be released from detention unless detention staff has physical possession of the certified copy of the original bond from the Clerk of the Court, a verified receipt for posted bail from the Clerk of the Court or an original authorized bond or cash bail is posted with detention during hours that the County Clerk's Office is closed. 4. Pursuant to the provisions of RCW 13.40.056, when bail is posted, by bond or by cash, ten dollars of the amount posted as bail shall be collected in cash as a nonrefundable bail fee. (C) Forms. Forms for this procedure shall be subject to review by the judges.

[Adopted effective April 1, 1988; Amended effective September 1, 2006, September 1, 2013]

Local Juvenile Court Rule 7.17 BENCH WARRANTS

(A) Generally. Upon proper application to the court, a bench warrant may be issued for a juvenile: 1. Who, without justification, fails to appear at a scheduled court hearing after receiving proper notice; 2. Who is alleged to have violated the terms of his/her community supervision; 3. Who is alleged to have violated the terms of his/her release of detention; and

4. Any other appropriate situation. (B) Procedure. Once an Order to issue a bench warrant has been approved by the court, the Clerk of the respective Court shall issue the warrant for the arrest of the named juvenile: 1. The warrant may be served by law enforcement officers or by probation counselors pursuant to RCW 13.04.040(5).

[Adopted effective April 1, 1988, September 1, 2013]

Local Juvenile Court Rule 7.18 VIOLATIONS OF COMMUNITY SUPERVISION

(A) Generally. Probation counselors shall have the authority to file with the respective Clerk of the Court a motion and affidavit alleging a violation of community supervision. (B) Procedure. Once the motion and affidavit alleging a violation of community supervision has been filed, the probation counselor shall contact the appropriate juvenile court unit to ensure the matter is scheduled and all appropriate parties are notified of the hearing date, time and place. 1. The probation counselor shall prepare a written report of the alleged violations. Copies will be provided to all appropriate parties no later than one (1) day prior to the hearing. 2. The probation counselor shall be present at such hearing to respond to questions concerning the matter. (C) Absconding From Placement. All juvenile respondents placed on community supervision shall strictly follow the terms and conditions of his/her probation contract as well as any instructions of his/her probation counselor, including placement. If a juvenile respondent voluntarily and without authority absents himself/herself from a placement pursuant to the terms of his/her community supervision, this will be deemed a violation of the juvenile's community supervision and is sufficient grounds for a warrant of arrest to be issued. 1. A juvenile respondent placed in confinement as a result of a warrant of arrest issued pursuant to this rule shall not be released unless ordered by the court. (D) Warrants. The court may order a warrant for the arrest of a juvenile respondent. A warrant may be served by law enforcement or a probation counselor. (E) Guidelines. The following guidelines are established for probation counselors with respect to alleged violations of community supervision: 1. A minor or technical violation and the respondent's whereabouts are known: file the appropriate motion and have the respective Clerk of the Court issue a Summons. 2. A serious violation of the criminal law or condition of community supervision and the respondent's whereabouts are known: immediate arrest by law enforcement or probation counselor followed by filing the appropriate motion and schedule of detention hearing. 3. A violation of the criminal code or condition of community supervision and the respondent's whereabouts are unknown: file the appropriate motion and request the issuance of a warrant. (F) Issuance of Notice/Summons. The respective Clerk of the Court shall be delegated the authority to issue Notice/Summons pursuant to a motion alleging violations of community supervision without the need for a formal order from the court.

[Adopted effective April 1, 1988, September 1, 2013]

Local Juvenile Court Rule 8.3 DECLINING JUVENILE COURT JURISDICTION OVER AN ALLEGED JUVENILE OFFENDER

(A) Generally. In accordance with RCW 13.40.110 and Juvenile Court Rule 8.1, any party may file an appropriate motion and supporting affidavit to decline jurisdiction with the respective Clerk of the Court. (B) Report. A declination investigation report shall be prepared by the juvenile court staff. The report shall: 1. Address the following factors: a. The seriousness of the alleged offense to the community and whether the protection of the community requires waiver of juvenile court jurisdiction; b. Whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner; c. Whether the alleged offense was against persons or against property; d. The prosecutive merit of the complaint; e. The desirability of trial and disposition of the entire offense in one court; f. The sophistication and maturity of the juvenile as determined by consideration of his home, environmental situation, emotional attitude and pattern of living;

g. The record and previous history of the juvenile, including previous contacts with law enforcement agencies, juvenile courts and other jurisdictions, prior periods of probation/community supervision, or prior commitments to juvenile institutions; h. The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the juvenile (if he is found to have committed the alleged offense) by the use of procedures, services and facilities currently available to the juvenile court. 2. Address any other factors relevant to the motion; and 3. Make a recommendation to the court as to the motion. C) Hearing. The writer of the declination investigation report will be present at the declination hearing to testify, if so requested.

[Adopted effective April 1, 1988, September 1, 2013]

Local Juvenile Court Rule 9.2 RIGHT TO COUNSEL

(A) Appointments. Legal counsel shall be provided at public expense in the following circumstances: 1. For a juvenile respondent: a. Alleged to be a juvenile offender; b. Alleged to have violated the terms of his/her community supervision; c. Who may be a party to a diversion agreement who has not waived his right to counsel for the purpose of advising him as to whether he desires to participate in the diversion process or to decline to participate; d. When the Prosecuting Attorney or diversion unit has filed a petition to terminate or modify a diversion agreement; e. When a dependency petition has been filed alleging the child to be dependent pursuant to RCW 13.34.040, and the child is eight (8) years of age or older and a guardian ad litem has not been appointed to represent the best interests of the child; f. When a review hearing is to be held pursuant to RCW 13.32A or RCW 13.34, and the child is eight (8) years of age or older and a guardian ad litem has not been appointed to represent the best interests of the child; g. When a petition to terminate the rights of the parent or parents of the juvenile has been filed and the child is eight (8) years of age or older and a guardian ad litem has not been appointed to represent the vest interests of the child; h. When a petition asking for the creation of a guardianship over the child has been filed pursuant to RCW 13.36, and the child is eight (8) years of age or older and a guardian ad litem has not been appointed to represent the best interests of the child. 2. For a parent, guardian or custodian: a. Who is a party to a: (1) Dependency proceeding; (2) Proceeding for the termination of the parent-child relationship; (3) Proceeding pursuant to RCW 13.40 and a juvenile under the age of twelve for whom a parent, guardian or custodian is responsible is requesting to waive a right or object to a proceeding; (4) Proceeding pursuant to RCW 13.36 requesting a guardianship be created; (6) Proceeding and who requests that the court appoint counsel because of an inability to obtain counsel due to financial hardship and the court finds the party indigent. 3. Whenever ordered by the court. (B) Retained counsel. Any party may be represented by retained counsel in any proceeding before the Juvenile Court. (C) Procedure for Appointment of Counsel. Except as provided in Rule 9.2(A)(1), at or prior to the initial appearance of the parties, the court or a representative of the court may inquire as to the financial status of any party who requests counsel to be appointed. Upon the filing of a motion and affidavit for assignment of a lawyer by a party, the court may schedule a hearing on the subject of the parents, guardian, or custodian and/or the child's ability to pay all or part of the expense of counsel. Upon a finding that the party requesting appointment of counsel is indigent, the court shall appoint counsel. If it appears that the party can partially afford counsel, the court shall appoint counsel but may direct that the party pay an amount certain to the Clerk of the Court. 1. An appropriate form may be used to determine the financial status of a party. (D) Notice of Appearance. Attorneys, representing parties in juvenile matters, except for appointed attorneys, must serve prompt written notice of their appearance upon all other parties or their counsel of record, the legal process unit of the court and file the same with the Clerk of the Court.

[Adopted effective April 1, 1988, Amended effective September 1, 2015, September 1, 2016 ]

Local Juvenile Court Rule 9.4 APPOINTMENT OF NON-LAWYER GUARDIAN AD LITEM

(A) Generally. It shall be the policy of the court to appoint a non-lawyer guardian ad litem for a juvenile in lieu of an attorney in all proceedings other than offender matters involving juveniles under the age of eight (8) years. The court may appoint a non-lawyer guardian ad litem in lieu of or in addition to an attorney in all proceedings other than offender matters involving juveniles who are eight (8) years of age or older. (B) Procedure. 1. Dependency/Guardianship/Termination Proceedings. The court may appoint a guardian ad litem for a child after the court has entered a finding of dependency pursuant to RCW 13.34 or at any other appropriate stage of a proceeding. In cases involving more than one child from the same family unit, the court may appoint one guardian ad litem to represent the interests of all the children. 2. Other Proceedings. The court may appoint a guardian ad litem when it deems such an appointment necessary. (C) Role. The guardian ad litem shall be an advocate on behalf of and in the best interests of the child. The guardian ad litem shall serve as a participant in court proceedings. A guardian ad litem shall be entitled to full access to all parties and relevant records and to receive notice as a party. (D) Certification. No guardian ad litem shall be appointed to represent a child until he/she has successfully completed an approved training course supervised by the court and administered an oath of office by the court. A guardian ad litem shall be free of influence from anyone interested in the result of the proceeding. (E) Reports. In all proceedings, the guardian ad litem shall submit a written report to the court addressing all relevant factors and making a recommendation to the court as to an appropriate disposition in the best interests of the child. All reports submitted by a guardian ad litem will be provided to the court and parties no later than ten (10) days prior to the scheduled hearing. A report received within five (5) days of a hearing may constitute good cause of a continuance if a party requests a continuance. (F) Representation by Attorney. A guardian ad litem may be represented by an attorney.

[Adopted effective April 1, 1988; Amended effective September 1, 2008; September 1, 2015; September 1, 2016]

Local Juvenile Court Rule 10.2 RECORDING JUVENILE COURT PROCEEDINGS

(A) Generally. All proceedings in the Benton-Franklin County Superior Court Juvenile Division shall be recorded unless waived pursuant to statute. 1. The electronic recording devise installed at the court is approved for all hearings and for all purposes. (B) Request for Transcript. Upon written motion by any party to a proceeding, the court may order a written verbatim transcript to be prepared. The individual preparing the transcript shall certify that it accurately reflects the electronic record of the proceeding. 1. Dependency, Guardianship, or Termination of Parental Rights, Proceedings. All written verbatim transcripts prepared for proceedings involving dependent children, or termination of parental rights proceedings shall be sealed. An individual make inspect such a transcript only after obtaining written court order. [Adopted effective April 1, 1988, September 1, 2015]

Local Juvenile Court Rule 10.3 INSPECTION/RELEASE OF INFORMATION

(A) Generally. All records, other than the official court record, are confidential and may be released only as provided in state statute and court rule. All requests for information shall be made in writing. Such requests shall state the reason for the inspection or release of information and all parties to the underlying cause shall be provided written notice of the request by the requesting party. (B) Procedure. 1. Juvenile Offender Matters. The agency receiving the written request shall refer the written request to the originating agency of the records. The agency will review the request and decide if the request is proper pursuant to statute and court rule. The requesting party shall be notified in writing as to the appropriateness of his/her request by the originating agency. 2. Juvenile Dependency/Termination of Parental Rights Matters. The agency receiving the written request shall refer the written request to the originating agency. The agency will review the request and decide if the request is proper pursuant to statute and court rule. The requesting party shall be notified in writing as to the appropriateness of his/her request by the originating agency. (C) Release. Only complete information will be released. (D) Research Requests. Requests for information concerning legitimate research for educational, scientific or public purposes may be approved by the court if: 1. The individual or agency is engaged in legitimate research for educational, scientific or public purposes; and 2. The anonymity of all person mentioned in the records/information will be preserved. 3. The juvenile court administrator shall establish written policy and procedure addressing research requests.

[Adopted effective April 1, 1988, September 1, 2015]

Local Juvenile Court Rule 10.10 NOTICE AND ADVISEMENT JUVENILE OFFENDER RECORDS

(A) Generally. Any juvenile to whom the record provisions of RCW 13.50.050 may apply shall be given written notice of his or her rights under the referenced statute. (B) Procedure. The following procedure shall be followed: 1. In the case of a juvenile offender, a written form signed by the juvenile in which a juvenile is advised of rights pursuant to RCW 13.50.050 and acknowledges being so advised shall be filed with the Clerk of the Court at the time of his or her arraignment. 2. In the case of a juvenile referred to a diversion unit, a similar written form as in the above paragraph shall be signed by the juvenile and filed as part of the diversion agreement.

[Adopted effective April 1, 1988]

Chelan Superior Court Table of Rules Preface Local Rules LR .01 Courtroom Safety LR .02 Presiding Judge LR 5 Service and Filing of Pleadings and Other Papers LR 7 Pleadings Allowed; Form of Motions LR 8 Show Cause Orders LR 10 Form of Pleadings LR 16 Pretrial Procedures and Formulating Issues LR 32 Use of Depositions in Court Proceedings LR 37 Failure to make Discovery; Sanctions LR 47 Jurors LR 49 Verdicts LR 52 Decisions, Findings and Conclusions LR 56 Summary Judgment LR 58 Entry of Judgment LR 59 Motion for Reconsideration LR 65 Injunctions LR 77 Superior Courts and Judicial Officers LR 78 Clerks

Local Special Proceedings Rules LSPR 94.04 Family Law Proceedings LSPR 96.04 Change of Name of Stepchild LSPR 98.04 Estates - Probate LSPR 98.09 Guardianship Funds

Local Guardian ad Litem Rules LGALR 98.10 Guardian Ad Litem Registry LGALR 98.11 Complaint Procedure for Title 13 Guardians Ad Litem

Criminal Rules LCrR 1.6 Duties LCrR 2.2 Electronic Warrants LCrR 3.1 Right to and Assignment of Lawyer LCrR 3.4 Presence of the Defendant LCrR 3.6 Suppression Hearings - Duty of Court LCrR 4.2 Pleas LCrR 4.5 Omnibus Hearings LCrR 7.1 Procedures Before Sentencing LCrR 7.8 Payment of Costs

Mandatory Arbitration Rules LMAR 1.1 Application of Rules - Purpose and Definitions LMAR 1.3 Relationship to the Superior Court Jurisdiction and Other Rules - Motion LMAR 2.1 Transfer to Arbitration LMAR 2.3 Assignment to Arbitrator LMAR 3.1 Qualifications LMAR 3.2 Authority of Arbitrators LMAR 4.2 Discovery LMAR 5.1 Notice of Hearing - Time and Place - Continuance LMAR 5.2 Prehearing Statement of Proof - Documents Filed With the Court LMAR 5.3 Conduct of Hearing - Witnesses - Rules of Evidence LMAR 6.1 Form and Content of Award LMAR 6.2 Filing of Award LMAR 6.3 Judgment on Award LMAR 7.1 Request for Trial De Novo - Calendar LMAR 7.2 Procedure at Trial LMAR 8.4 Title and Citation LMAR 8.5 Compensation of Arbitrator LMAR 8.6 Administration

Exhibits and Forms LR 5 Exhibit A Case Information Cover Sheet - Rescinded LR 7 Exhibit B Note for Motion LSPR 94.04 Exhibit A Financial Declaration LSPR 94.04 Exhibit B Matrix LSPR 94.04 Exhibit C JIS Search Form LSPR 94.04 Exhibit D Court's Automatic Temporary Restraining Order In Cases Involving Children With Self-Represented Parties Ex. A to LCrR 3.1 Declaration of Indigency LMAR 2.1(a)1 Note for Trial Setting and Initial Statement of Arbitrability LMAR 2.1(a)2 Response to Note for Trial Setting and Initial Statement of Arbitrability LMAR 2.1(b) Amended Statement of Arbitrability LMAR 2.1(c) Stipulation to Arbitration LMAR 2.3(a) Notice of Proposed Arbitrators LMAR 2.3(a)2 Stipulation to Arbitrator LMAR 5.1(a) Notice of Arbitration Hearing Date LMAR 5.1(b) Order of Continuance of Arbitration Hearing Date LMAR 5.3(e)1 Subpeona LMAR 5.3(e)2 Subpoena Duces Tecum LMAR 6.1(a) Arbitration Award LMAR 7.1 Request for Trial De Novo and For Clerk to Seal the Award

PREFACE

1. Promulgation. These rules shall be known as the Local Rules for the Superior Court of the State of Washington for Chelan County. Copies of these rules will be filed with the Clerk of Court for Chelan County and will be distributed to all law offices in Chelan and Douglas Counties. Additional copies will be available at the office for the Clerk for Chelan County. These rules shall be effective September 1, 2011 and supersede all prior rules of this court. 2. Numbering. Consistent with CR 93(a), Washington Court Rules, these rules conform in numbering system and in format to those rules and facilitate the use of both. The number of each rule is preceded by the abbreviation such as "LR," designating the rule as the local to this court and supplemental to the corresponding Washington Court Rule.

LR .01 COURTROOM SAFETY

No person (except for duly and regularly commissioned law enforcement officers of the State of Washington and other states of the United States of America not appearing on their own family law matter) shall be on the Fifth Floor of the Chelan County Regional Law and Justice Center, Juvenile Justice Center or Auditorium (when being used for court purposes) while armed with ANY firearm or taser or explosive device or any knife having a blade length of more than three inches or any billyclub, blackjack, truncheon or bat, nor shall any such person be in any of the fore-mentioned areas while possessing any gas gun or other device used for the spraying of tear gas, mace or other noxious chemical substance, nor any incendiary device. Any person found having any of the articles or devices heretofore mentioned which are banned from the fifth floor of the Chelan County Regional Law and Justice Center, Juvenile Justice Center and Auditorium (when being used for court purposes) is subject to having such articles or devices seized by law enforcement officers, bailiffs on court order, or as otherwise directed by the Court. Any person violating this rule shall be subject to punishment for contempt of court and prosecuted under RCW 9.41.300.

LR.02 PRESIDING JUDGE

(a) Election. The judges of the superior court shall elect a presiding judge and assistant presiding judge as required by GR 29. The first election shall occur on or before July 1, 2002. Each succeeding election shall occur on or before January 1 of even-numbered years, beginning with 2004. The election shall be conducted at a meeting of all judges of the district by open vote. (b) Term. The term of the presiding judge and assistant presiding judge shall be for two years commencing on January 1 of the year in which the term begins. The term of the initial presiding judge pursuant to this rule shall be from date of election until December 31, 2003. (c) Vacancies. Interim vacancies of the office of presiding judge or assistant presiding judge shall be filled as provided in LGR 29(a). (d) Executive Committee. The two judges not serving as presiding judge and the court administrator shall constitute an executive committee to advise the presiding judge. The responsibilities of the presiding judge, as set forth in GR 29, may be shared with members of the executive committee.

[Amended September 1, 2015]

LR 5 SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS (d) Filing. (5) Documents Not to be Filed. Photocopies of reported cases, statutes or texts shall not be filed as an appendix to a brief or otherwise but shall be furnished directly to the judge hearing the matter. Documents or copies thereof produced during discovery and other items, which should properly be received as exhibits rather than as a part of the court file shall not be included in the court file. (6) Case Information Cover Sheet. Each new civil and domestic case filing shall be accompanied by a Case Information Cover Sheet prepared and submitted by the party filing said new civil or domestic case. (7) Electronic filing of documents. Electronic filing of documents shall be permittedprovided that the electronic transmission of documents is done in a manner approved by the Superior Court Clerk.

(A) Signatures: Use of electronic filing by a party or attorney shall constitute compliance CR11's signature requirement. A printed copy of the electronically filed document with original signatures shall be maintained by the filing party and made available for inspection by other parties or the Court upon request. Documents containing signatures of third-parties (i.e., unopposed motions, affidavits, stipulations, etc.) may also be filed electronically by indicating in the original signatures are maintained by the filing party in paper-format. (B) Time for Filing and Effect of Use of Efiling: Any pleading filed electronically shall be considered as filed with the Court when transmission is completed ("authorized date and time"). Any document Efiled with the Court by 5:00 PT shall be deemed filed with the Court on that date. (C) Form of Documents Electronically Filed: All electronically filed pleadings shall be formatted in accordance with the applicable rules governing formatting of paper pleadings. (D) Payment Of Statutory Filing Fees: All statutory filing fees shall be collected and paid for electronically filed documents according to the then current methods approved by the Clerk of the Chelan County Superior Court. [Amended September 1, 2016]

LR 7 PLEADINGS ALLOWED; FORM OF MOTIONS

(b) Motions and Other Papers.

(1) How Made. (A) Reapplication on Same Facts. When a motion has been denied in whole or in part (unless without prejudice) or when a motion has been granted conditionally and the condition has not been performed, the same motion may not be presented to another judge. Reapplication shall be made in the same manner as a motion to reconsider. NOTE: SEE LR 56 FOR SUMMARY JUDGMENT MOTIONS. (B) Subsequent Motion; Different Facts. If a subsequent motion is made upon alleged different facts, the moving party must show by affidavit what motion was previously made, when and to which judge, what order or decision was made on it, and what new facts are claimed to be shown. (C) Notes for Motion Calendar; Time for Filing. Any party desiring to bring any motion prior to trial, other than a motion for summary judgment, must file with the Clerk and serve all parties and the Judge assigned to hear the motion or the Presiding Judge at least five (5) court days before the date fixed for such hearing. A BENCH COPY OF THE MOTION AND ALL SUPPORTING DOCUMENTS SHALL BE DELIVERED TO THE CHELAN COUNTY COURTHOUSE OR MAILED OT THE JUDGE. THE MAILING ADDRESS FOR ALL JUDGES IS P.O. BOX 880, WENATCHEE, WA 98807-0880. The documents should include a Note for Motion, the motion and supporting documents. (i) Note for Motion - Dissolution Actions. See Washington Pattern Form. (ii) Other Actions. The note must contain the title of the court; the date, the time when the same shall be heard; the words "Note for Motion", the names of the attorneys for all parties or parties pro se; the nature of the motion; and by whom the motion is made. Attached as Exhibit B to this Rule is an example form of a Note for Motion that may be used for Chelan County causes. Any sections of Exhibit B that do not apply to the particular motion may be deleted from the form prior to filing. This note for motion must be signed by the attorney or party pro se filing the same, with the designation of the party represented. (iii) The note or other document shall provide a certificate of mailing of all documents relating to the motion. If a party noting the matter for hearing: (a) has a limited ability to speak or understand the English Language, or (b) knows or, after reasonable inquiry has reason to believe, that any other party to the action has limited ability to speak or understand the English Language, the party noting the matter for hearing shall indicate on the Note for Motion form that an interpreter is needed. The party filing the Note for Motion shall simultaneously with such filing provide a copy of the Note for Motion to Judges Chambers. This paragraph shall not apply to State-initiated child support enforcement or modification actions or to State-initiated paternity actions so long as the State provides an interpreter for such proceedings. Responding documents and briefs must be filed with the Clerk and copies served on all parties and the Judge scheduled to hear the motion, no later than noon two (2) court days prior to the hearing. Copies of any additional responding or reply documents must be filed with the Clerk and served on all parties no later than noon of the court day prior to the hearing. (D) Late Filing; Terms. Any material offered at a time later than required by this rule, over objection of counsel, may be rejected by the Court, or the matter may be continued and the court may impose appropriate terms or sanctions.

(E) Telephonic Hearing. Any party may request to argue any motion by telephone conference call. The requesting party shall contact the judge or commissioner scheduled to hear the motion at least three (3) days before the hearing for permission under such conditions as ordered by the court. All parties retain the right to argue motions in person, even if the other party appears by telephone. (F) Special Settings. To special set any matter before the assigned judge you may: (i) (i) contact the person responsible for scheduling that judge's calendar; or (ii) contact Judges Chambers at 509-667-6210 or via e-mail at [email protected].

[Amended September 1, 2015]

LR 8 SHOW CAUSE ORDERS

(g) Certified copies of show cause orders shall not be issued by the Clerk of the Court without payment in advance.

LR 10 FORM OF PLEADINGS

(f) Any document or correspondence presented to the Court for filing which does not have the correct cause number on the face of such document or correspondence may not be filed and may be returned to the presenter.

LR 16 PRETRIAL PROCEDURE AND FORMULATING ISSUES (e) Exhibits. Parties shall notify the trial judge and the opposing party by letter if that party anticipates offering 25 exhibits or more at the time of trial. Said notice shall be given no less than two (2) weeks prior to the trial date. (f) Settlement Conferences (1) On Motion by Party. Any party in any pending case may serve and file a motion for a settlement conference directed to the department to which the settlement is assigned in accordance with paragraph (5) below. (2) On Court's Motion. The court to which a case is assigned for trial may, upon its own motion after a trial date has been set, order a settlement conference in any pending case, and a settlement conference shall be held unless all parties file objections thereto. (3) Subsequent Motion by Party. Where a motion for a settlement conference is defeated by the filing of an objection or objections, any party in said cause may file another motion for a settlement conference after thirty days following the filing of the last previous motion for a settlement conference. (4) Order for Settlement Conference. Upon the entry of an order for a settlement conference, the judge shall fix a specific date and hour for the conference. If the party presenting such order has limited ability to speak or understand the English Language, or if such party knows or, after reasonable inquiry hasreason to believe, that any other party to the action has limited ability to speak or understand the English Language, the party presenting such Order for entry shall indicate on such order that an interpreter is needed and the language for which the interpretation is needed. The party presenting such order for entry shall, substantially simultaneously with the entry of such order, provide a copy thereof to Judges Chambers. (5) Assignment of Judge. A judge not assigned to preside over the trial shall conduct the settlement conference. (6) Preparation and Attendance. The attorney personally in charge of each party's case shall personally attend all settlement conferences and shall, not less than three (3) days prior to the date set for the settlement conference, serve on the assigned judge and the attorney for the opposing party a letter succinctly addressing the following: a. A brief factual summary; b. Issues regarding liability; c. Issues regarding damages, both special and general d. History of any settlement negotiations; and e. Current position on settlement. In family law cases, counsel shall also serve on the assigned judge and attorney for the opposing party the completed matrix included herein as Exhibit B to LR 94.04. Each attorney shall be prepared to discuss the foregoing in detail at the settlement conference. (7) Attendance of Parties. The parties shall in all cases attend the settlement conference. Parties whose defense is provided by a liability insurance company need not personally attend said settlement conference, but a representative of the insurer of such party, if such a representative is available in Chelan-Douglas counties, shall attend with sufficient authority to bind the insurer to a settlement. In the event such a representative is not available, counsel representing the party whose defense is provided by the insurer shall make a good faith effort to obtain settlement authority to bind the insurer to a settlement prior to the settlement conference. Attendance of any party may be excused by the court where by reason of health, or other good and sufficient reason, compelling his personal attendance would be unduly burdensome. Whether or not the attendance of any party is required shall rest in the discretion of the judge presiding at the settlement conference. Request for excuse shall be made at least three (3) days prior to the hearing. (8) Proceedings Privileged. Proceedings of said settlement conference shall, in all respects, be privileged and shall not be reported or recorded. No party shall be bound unless a settlement is reached. When a settlement has been reached, the judge may, at the request of any party, in his or her discretion, order the settlement to be reported or recorded. (9) Sanctions. Where a party has failed to comply with any of the provisions of this rule the court shall make such orders as are just, which shall include the award of reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

[Amended September 1, 2015; Amended September 1, 2017]

LR 32 USE OF DEPOSITIONS IN COURT PROCEEDINGS

(a) Use of Depositions. (6) Video Depositions. When presenting video depositions, a written deposition must also be filed. The videotape may be returned after the appeal period, regardless if it is published or not.

LR 37 FAILURE TO MAKE DISCOVERY; SANCTIONS

(f) Completion of Discovery. Unless otherwise stipulated to by the parties, or ordered by the Court upon good cause shown and such terms and conditions as are just, all discovery allowed under CR 26 through 37, including responses and supplementations thereto, must be completed no later than 35 calendar days prior to the date assigned for trial. Nothing herein stated shall modify a party's responsibility to seasonably supplement responses to discovery requests or otherwise comply with discovery prior to the 35-day cutoff.

LR 47 JURORS

(k) Counsel or the parties shall not contact or interview jurors or cause jurors to be contacted or interviewed after trial without first having been granted leave to do so by the Court.

LR 49 VERDICTS

(1) Receiving Verdict During Absence of Counsel. A party or attorney desiring to be present at the return of the verdict must remain in attendance at the courthouse or be available by telephone call. If a party or attorney fails to appear within 20 minutes of telephone notice to the attorney's office, home or other number, the court may proceed to take the verdict in the absence of such party or attorney. In such case, the jury shall be individually polled and the identity of any dissenting jurors recorded.

LR 52 DECISIONS, FINDINGS AND CONCLUSIONS

(f) In all actions tried to the court, counsel for each party shall, two (2) days prior to trial, provide the Court and opposing counsel with proposed findings of fact and conclusions of law. Provided, that proposed findings and conclusions are not required in domestic cases of any kind, except that the court may, at its discretion, require proposed findings and conclusions, in a particular case or the parties may voluntarily submit such findings and conclusions. (g) Time Limit for Presentation. In cases tried to the court, findings of fact, conclusions of law and a proposed judgment shall be presented within twenty (20) days of the court's oral or memorandum decision; provided however, that in the event post-trial motions are filed, the twenty (20) days shall run from the date of ruling on such motions. In the event that said findings of fact, conclusions of law and the proposed judgment are presented to the court in excess of twenty (20) days of the court's oral decision, the party presenting such findings of fact, conclusions of law and proposed judgment shall, if requested by the court, prepare and file a transcript of the court's oral decision.

LR 56 SUMMARY JUDGMENT (i) Special Setting. Summary judgments shall be heard by the judge who is assigned to preside over the trial. ALL MOTIONS FOR SUMMARY JUDGMENT MUST BE SPECIAL SET. SPECIAL SETTINGS SHALL BE OBTAINED BY CONTACTING THE PERSON RESPONSIBLE FOR SCHEDULING AS SET FORTH IN LR 7(b)(1)(F). (j) Service and Filing FOR ALL JUDICIAL DEPARTMENTS A working copy for the judge of the motion, all supporting documents and all responding documents shall be delivered to the courthouse or mailed to the judge at the time of filing the originals. FOR DEPARTMENT 3 In addition to paper working copies, it is preferred that working copies be submitted via e-mail in PDF format with hyperlinks to all cited cases and statutes. E-mailed documents should be sent to [email protected] and [email protected]. The mailing address for all judges is P.O. Box 880, Wenatchee, WA 98807-0880. If working copies are not received, the judge may strike the hearing. Where depositions or interrogatories are a part of the evidence relied upon, counsel?s affidavits, briefs and arguments must cite the depositions or interrogatories by page and line. ANY MATERIAL OFFERED AT A TIME LATER THAN REQUIRED BY THIS RULE OVER OBJECTION OF COUNSEL SHALL NOT BE ACCEPTED AND CONSIDERED BY THE COURT EXCEPT UPON THE IMPOSITION OF APPROPRIATE TERMS OR SANCTIONS, INCLUDING THE RIGHT TO A CONTINUANCE IF REQUESTED. Any motion for summary judgment or responsive pleadings to a motion for summary judgment shall list and identify all evidence the Court should consider. (k) Confirmation. On any motion for summary judgment, counsel for the moving party shall contact the person responsible for scheduling for the judge or commissioner (LR7(F)) three court days preceding the date set for hearing and advise whether the motion will be heard. If notification is not made, the motion will be stricken for resetting. [Amended September 1, 2015; Amended September 1, 2018]

LR 58 ENTRY OF JUDGMENT

(m) Judgment on a Promissory Note. No judgment on a promissory note will be signed until the original note has been filed with the Clerk, absent proof of loss or destruction.

LR 59 MOTION FOR RECONSIDERATION

(3) Nature of Hearing (A) A motion for reconsideration or for a new trial shall be submitted on briefs and declarations or affidavits only, without oral argument, unless the trial judge, on application from counsel or on the judge's own motion, allows oral argument. The judge will notify counsel if oral argument is to be allowed. Copies of such motions for reconsideration, copy of note for motion calendar and responses thereto shall be delivered to the judge at the time of filing. (B) The scheduled hearing date will not ordinarily involve oral argument. However, it will be the earliest date that the court will consider the merits of the motion.

LR 65 INJUNCTIONS

(b) TEMPORARY RESTRAINING ORDER; NOTICE; HEARING; DURATION. (1) Notice to Opponent. Failure to give notice as required by CR 65 may result in the imposition of terms and/or sanctions on the moving party.

LR 77 SUPERIOR COURTS AND JUDICIAL OFFICERS (o) Court Calendar (1) The Motion Judge will hold Probate and Law and Motion Calendars each Friday at 9:30 a.m. Adoption hearings will be heard at 9:00 a.m. on the Law and Motion Calendar. (2) The Judges rotate as Motion Judge according to the schedule published periodically by the Judges. The Motion Judge's schedule is as follows: Monday: Criminal Calendar Tuesday: 9:00 Domestic Violence Calendar Wednesday: Criminal Calendar Thursday: 9:30 Special Set Criminal Matters (week prior to criminal trials)

Friday: 9:30 Law & Motion Calendar/Adoptions at 9:00 AM (Second and Fourth Friday. First and Third Friday the Law & Motion Calendar is presided over by the court commissioner.) To obtain a special set please call (509) 667-6210 or e-mail [email protected]. A COURT REPORTER WILL NOT BE PROVIDED FOR ANY CIVIL MATTER SCHEDULED UNLESS REQUESTED AT LEAST TWO COURT DAYS BEFORE THE HEARING OR TRIAL. (3) Except as otherwise provided in LR 77(o)(3)(a) hereof, Domestic Relations and Domestic Show Cause hearings where an attorney has appeared will be held each Monday at 1:30 p.m. The Court Commissioner will preside. Domestic Relations and Domestic Show Cause hearings where the parties are pro se will be specially set before the assigned judge. (a) Domestic Relations and Domestic Show Cause hearings requiring more than 30 minutes will be scheduled by special setting before the judge assigned to hear the trial. See LR 7(b)(1)(F). A COURT REPORTER WILL NOT BE PROVIDED FOR ANY DOMESTIC RELATIONS SHOW CAUSE HEARING UNLESS REQUESTED AT LEAST TWO COURT DAYS BEFORE THE DATE OF THE HEARING. (4) Default Dissolution Hearings will be held on Tuesdays at 1:30 p.m. The Court Commissioner will preside. (5) Juvenile Calendars will be held on Tuesdays and Thursdays at 8:30 a.m. or such other time as matters are set. The Court Commissioner will preside over juvenile calendars.

(6) Dependency Hearings will be held on Wednesdays or such other time as matters are set. The Court Commissioner will preside. (7) Holiday Scheduling - any court calendar falling on an official court holiday will be cancelled. (A) The Judges may, by order, further alter these court schedules as needed and as available courtroom space requires. (p) Ex parte Matters. (1) Non-Emergency. Non-emergency ex parte orders shall be left in the Judges Chambers box in the County Clerk's Office or in the mailbox outside the door to Judges Chambers for consideration. Orders left prior to 10:30 a.m. will be considered by the Court and available for pick-up in the County Clerk's office not later than 4:30 p.m. that same day. Orders left after 10:30 a.m. will be available for pick up not later than 4:30 p.m. on the following day. (2) Emergency Orders. Emergency orders may be presented directly to Judges Chambers and will be considered by any available judicial officer, or as soon as one becomes available. (q) Special Settings. Any civil matter which will require more than twenty minutes of argument shall be specially set at a time arranged with the Court. See LR 7(b)(1)(F). (r) The Judges will preside over all matters scheduled on a calendar even though the matter is assigned to another department, except for sentencings, motions for summary judgment or matters where there is a conflict.

[Amended September 1, 2015; Amended September 1, 2017]

LR 78 CLERKS

(g) Pleadings or other papers requiring action on the part of the Clerk of the Court (other than filing, stamping, docketing and placing in the court file) shall constitute action documents. Action documents shall include a special caption directly below the case number on the first page such as "Clerk's Action Required". The specific action required of the Clerk shall be stated with particularity in the body of the pleading or other paper requiring action on the part of the Clerk.

LSPR 94.04 FAMILY LAW PROCEEDINGS A. APPLICABILITY OF THE RULE. Unless otherwise specified, this rule applies to all family law proceedings, including paternity actions and non-parental custody and/or visitation actions, defined as follows: Any proceeding in which the court is requested to adjudicate or enforce the rights of the parties or their children regarding the determination or modification of child custody, visitation, parenting plan, child support or spousal maintenance, or the temporary distribution of property or obligations. B. NON-CONTESTED DISSOLUTION HEARINGS. (1) Hearing. Non-contested dissolution cases will be heard on a calendar set by the Superior Court Judges and Clerk. The days and times are set forth in LR 77. The Clerk shall not place any case on the non-contested calendar unless the file shows one of the following: a. The applicant's opponent has joined in the petition for dissolution of marriage; or b. The applicant's opponent has waived notice or has signed a consent to hearing on the date noted; or c. An order for default has been applied for or entered. The Clerk shall not place any case on the non-contested calendar unless proof is filed that summons was served more than ninety (90) days before the date selected for hearing or that the case has been on file more than ninety days and both parties have submitted to the jurisdiction of the court. (2) Note for Non-contested Calendar-Attorney. A notice of hearing on the non-contested calendar must be filed by counsel with the Clerk at least three court days before the date of the hearing. (3) Note for Non-contested Calendar- Without Attorney (Self-represented). A notice of hearing on the non-contested calendar by a self-represented party shall be accompanied by pleadings which the party proposes to submit to the court as final orders that have been pre-approved by the Chelan County Family Court Navigator, a Chelan County Court Facilitator, Douglas County Court Facilitator, a Limited License Legal Technician, or private attorney. Such proposed pleadings shall include Findings of Fact and Conclusions of Law or Waiver of same signed by all parties, Final Divorce Order, Parenting Plan and/or Residential Schedule, Child Support Worksheets, Order of Child Support, and a Residential Time Summary, where applicable. The Clerk shall not place any case on the non-contested calendar upon application by any self-represented party unless it is accompanied by the party's pre-approved, proposed pleadings. (4) Order on Non-contested Calendar. The order of the calendars shall be as follows: a. Matters where attorneys appear; b. Self-represented matters in which pleadings are complete for the court's review; c. All other matters. (5) Mandatory JIS Search for All Cases Involving Children. At least three (3) days prior to scheduled hearing for entry of final orders, self-represented parties and attorneys must complete and submit the form in Exhibit 1. If orders are to be presented ex parte, this completed form must accompany the final documents when presented to the court for signature. (6) Withdrawal of Consent. Before a Final Divorce Order is entered, a party may move to withdraw any consent or waiver previously given. Such motion must be supported by affidavit showing good cause and shall be noted for hearing on the show cause calendar. (7) Disposition of Issues in Final Divorce Order. No Final Divorce Order shall be entered unless the order disposes of all issues over which the court has jurisdiction relating to disposition of property and liabilities of the parties and support or maintenance of either spouse. For good cause shown, the court may in its discretion enter a Final Divorce Order stating that it retains jurisdiction to dispose of issues relating to parenting and child support. C. CONTESTED DISSOLUTIONS. (1) Pretrial Forms. In all final hearings or trials in domestic relations matters, each party shall provide to the judge or commissioner, and serve on the opposing party, a written statement as to the issues in controversy at least three (3) days prior to trial. The written statement may be in any form chosen by the attorney to convey the following: (a) A brief factual summary; (b) Issues in dispute [whether property, debts or custody]; (a) Case law, if it will be argued, supporting your position; (b) Proposed distribution of assets and debts, proposed parenting plan and child support amount, if in dispute; (c) Areas of agreement. If one of the parties is seeking maintenance or child support, both parties shall complete the financial declaration contained in Exhibit A to LR 94.04. If the parties are in dispute as to the distribution of assets and debts, both parties shall complete Exhibit B to LR 94.04. The pretrial forms shall not be filed with the Clerk. Unless explained otherwise by the parties, the values shown on the pretrial form should include proposed pension, retirement, profit sharing or other deferred benefit or financial security plan; the cash surrender value of all life insurance policies; the amounts of accounts receivable, inheritance due, and trust accounts; the fair market value of all other property including collections, antiques; and in the case of automobiles, the average between wholesale and retail blue book values. (2) Enforcement. If either party fails to comply with paragraph B(1) set forth above, the trial judge may order such party or his attorney to pay an appropriate attorney's fee to the opponent for any additional work or delay caused by the failure to comply. If either party fails to comply, the trial date may be stricken. (3) Continuances. Stipulations or motions to continue a case already on the trial calendar must be in writing, supported by a declaration showing sufficient grounds for the requested continuance. The moving party shall present a written order for entry. (4) Note for Trial Setting Without Attorney (Self-represented). A notice of trial setting by a self-represented party shall be accompanied by pleadings which the party proposes to submit to the court as final orders that have been pre-approved by the Chelan County Family Court Navigator, a Chelan County Court Facilitator, Douglas County Court Facilitator, Limited License Legal Technician, or private attorney. Such proposed pleadings shall include Findings of Fact and Conclusions of Law or Waiver of same signed by all parties, Final Divorce Order, Parenting Plan and/or Residential Schedule, Child Support Worksheets, Order of Child Support, and a Residential Time Summary, where applicable. The Clerk shall not place any case on the trial setting docket upon application by any self-represented party unless it is accompanied by the party's pre-approved, proposed pleadings. [Effective September 1, 2016] D. CHILD CUSTODY OR PARENTING PLAN PROCEEDINGS (1) Parenting Plans. (a) Proposed, Temporary and Permanent Parenting plans shall be in the form required by State law. Proposed temporary parenting plans need not have the dispute resolution and decision making sections completed. E. DATING AND MAILING OF DECREES AND ORDERS. (1) When any decree or order is filed in a dissolution matter, the attorney for the party presenting the order, or the party if the matter is presented pro se, shall immediately deliver or mail to the opposing party, or to the opposing party's last known address, or to opposing counsel, a true copy of the decree or order with the date of entry indicated on each copy. A declaration of mailing of such true copy shall be filed. F. HEARINGS - SHOW CAUSE - PRELIMINARY AND TEMPORARY ORDERS (1) Hearings. See Local Rule 77. (2) Hearings by Documentary Evidence. All show cause hearings pertaining to requests for temporary support money and/or attorney's fees shall be heard and determined by documentary evidence only, unless the parties request that oral testimony be given and the court, in its discretion, agrees. (3) Supporting Worksheet. A motion for order to show cause for temporary support shall be supported by a child support worksheet in the form prescribed by state law and may also include a financial declaration in the form designated in Exhibit A attached to this rule. No order shall be signed setting a show cause hearing for temporary support unless the signed worksheet accompanies the motion. (4) Information Considered Notwithstanding Non-appearance. An affidavit or child support worksheet filed by a non-appearing respondent shall be considered by the court at the time of hearing on show cause hearings and upon hearing default dissolutions. (5) Limitations on Declarations. (a) Application. This section (5) of this rule does not apply to domestic violence petitions or domestic violence motions. (b) Children's statements. Declarations by minors are disfavored. (c) Format: All filed documents and copies provided as "Working Papers" and served on other parties and attorneys shall be legible. If typed or computer printed, documents shall be in 12 point or larger type, double-spaced between the lines. (d) Page limits. (i.) Generally. Absent prior authorization from the court, the entirety of all declarations and affidavits from the parties and any non-expert witnesses in support of motions (except financial declarations), including any reply, shall be limited to a sum total of twenty-five (25) pages. The entirety of all declarations and affidavits submitted in response to motions shall be limited to a sum total of twenty (20) pages. (ii.) Exhibits. Exhibits that consist of declarations or affidavits of parties or witnesses shall count towards the above page limit. All other exhibits attached to a declaration or affidavit shall not be counted toward the page limit. (iii.) Financial Declarations. Financial Declarations and financial documents do not count toward the page limit. (iv.) Expert Reports and Evaluations. Declarations, affidavits, and reports from Court Appointed Special Advocates (CASA), Guardians Ad Litem (GAL) and expert witnesses do not count toward the page limit. (v.) 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. Deposition excerpts shall not count toward the page limit. G. DISPOSAL OF PROPOSED PARENTING PLAN. The Clerk is authorized to remove from the file and dispose of all proposed parenting plans after the Permanent Parenting Plan has been entered and the time for appeal has elapsed. H. MANDATORY INFORMATION EDUCATION WORKSHOP The Chelan County Superior Court finds that it is in the best interest of any child whose parents or custodians are involved in specific court proceedings to provide such parents with an educational workshop concerning the impact of family restructuring has on their child. The workshop offers parents tools to help ensure that their child's emotional needs will not be overlooked during the legal process, to encourage parents to agree on child-related matters, and to aid in maximizing the use of court time. (1) Types of Proceedings Required. Each person named as a party in the following types of proceedings filed after January 1, 1997, must comply with LSPR 94.04I: 1. Dissolution of Marriage with child(ren) under 18 years old; 2. Legal Separation or Declaration of Invalidity with child(ren) under 18 years old; 3. Petition to establish custody or visitation including paternity; and/or 4. Post-judgment petition involving custody or visitation. (2) Service on Parties. The Clerk of the court shall provide the current brochure/registration pamphlet to the initiating party for service upon all parties against whom relief is sought describing the program including contact telephone numbers, addresses, statement of costs, and an explanation of how to request a waiver or deferral of the program registration fee. (3) Mandatory. Each party who files an appearance in a proceeding of the types described above in Section (1) shall complete the program unless exempted by the court. No final order approving any residential or parenting plan shall be entered without proof of completion of such education program by the parents or legal guardians unless otherwise ordered by the court. (4) Ninety (90) Day Deadline. Each party shall attend and complete an approved parenting workshop within ninety (90) days of filing a proceeding specified in Section (1) above. I. MANDATORY JIS SEARCH FOR ALL CASES INVOLVING CHILDREN At least three (3) days prior to scheduled hearing for entry of final orders, self-represented parties and attorneys must complete and submit the form in Exhibit C to LSPR 94.04. If orders are to be presented ex parte, this completed form must accompany the final documents when presented to the court for signature. J. SHOW CAUSE HEARINGS WITH SELF-REPRESENTED PARTIES (1) Self-represented Note for Show Cause Calendar. All self-represented parties, at the time of scheduling a show cause hearing, must provide the Clerk copies of pleadings which the party proposes to submit to the court as temporary orders that have been pre-approved by the Chelan County Family Court Navigator, a Chelan County Court Facilitator, Douglas County Court Facilitator, Limited License Legal Technician, or private attorney. Such proposed pleadings shall include Temporary Orders, Temporary Parenting Plans/Residential Schedules, Temporary Order of Child Support, etc, where applicable. (2) Self-represented Immediate Orders. Parties shall not be required to obtain pre-approval of pleadings submitted for immediate orders.

The Clerk shall not file said proposed pleadings, but shall instead hold all proposed pleadings until the hearing. J. COURT'S AUTOMATIC TEMPORARY RESTRAINING ORDER IN CASES INVOLVING CHILDREN WITH SELF-REPRESENTED PARTIES Upon the filing of a Summons and Petition in any dissolution or parenting plan case, the court shall issue an Automatic Temporary Restraining Order, for which no fees will be imposed, using the form set forth in Exhibit D to LSPR 94.04. The Petitioner is subject to this order from the time of filing the Petition. The Petitioner shall serve a copy of this order on the Respondent and file a declaration of service in the court file. The Respondent is subject to this order from the time that the order is served. [Effective September 1, 2016]

[Amended September 1, 2015; Amended September 1, 2016; Amended September 1, 2017]

LSPR 96.04 CHANGE OF NAME OF STEPCHILD

When changing the name of a child under the age of 18 to the name of the child's stepfather, the petitioner shall give notice of such proceeding except as provided by statute to:

1. The father, if the child has been born during marriage, or 2. The father, if paternity is established, or 3. Any other person with a paternal interest by virtue of an adoption. In addition, written consent shall be required of any child over 14 years of age.

LSPR 98.04 ESTATES - PROBATE

(a) Ex Parte. All probate matters that are not contested and in which notice is not required by statute, rule, or duly filed request for notice under R.C.W. 11.28.240 or where such notice has been waived, may be done ex parte. (b) Contents of File for Ex Parte Presentation. The following documents will be presented before ex parte presentation: (1) Original will; (2) Affidavits of subscribing witnesses; (3) Certified copy of Death Certificate-SSN redacted; (4) Order admitting will to probate or order appointing administrator if petition is by surviving spouse; (5) Petition for order of solvency if solvency is requested; (6) An inventory or partial inventory of assets and debts sufficient to prove solvency; (7) An order of solvency. (c) Presentation by Mail. An original probate application may be presented by mail under the following conditions. (1) All documents required by 98.04(b) shall be presented in the mailing. (2) All documents shall bear the personal original signature of counsel or party pro se presenting same; (3) Covering Letter. All documents shall be accompanied by a covering letter of explanation personally signed by the presenter and shall request the Clerk to deliver the documents to a Judge or a Court Commissioner for signing; (4) Return Envelope. A self-addressed return envelope bearing sufficient postage paid shall be included for the return of any request conformed copies.

[Amended September 1, 2015]

LSPR 98.09 GUARDIANSHIP FUNDS

In all guardianships in which the funds are held by the guardian as trustee for the ward, the funds shall be placed in a designated bank account and the passbook for such account shall be deposited with the Clerk of the Court and withdrawals made from such account only upon order of the Court.

The tax identification number or social security number of the ward should be included in any order where the Clerk of the Court is required to invest funds.

LGALR 98.10 CHELAN COUNTY SUPERIOR COURT GUARDIAN AD LITEM ROTATIONAL REGISTRY (TITLES 11 AND 26)

SCOPE/PURPOSE This local rule covers the maintenance and administration of the Guardian ad Litem Registry maintained by the Registry Administrator. DEFINITIONS None. POLICY A. Registry Administration 1.1 The Court Administrator shall maintain and administer the GAL registries. These registries are limited to Titles 11.88 and 26 GAL's. These requirements and procedures also apply to persons not listed on a registry who are appointed to serve as a Guardian ad Litem in a field for which there is a registry. 1.2 The Court Administrator shall maintain an application form and background information records pertaining to each person on a registry. Persons listed on the registry shall reapply and update background information annually on a date specified for the registry. All application and background information, with the exception of personal identifying information in family law cases and pending complaints, shall be available for public inspection. 1.3 Persons shall be selected to serve on the registry at the discretion of the Court giving due consideration to: (1) having a sufficient number of GAL's available to fulfill the requests for appointment; (2) achieving and maintaining diversity; and (3) retaining panels of persons with substantial experience and special knowledge within given fields. In some cases there may be more qualified applicants that will be needed or would benefit the program, so that not all persons applying will be selected. 1.4 The court shall periodically sponsor or approve training programs which registry applicants shall be required to attend to maintain and improve their level of proficiency. Training programs may be co-sponsored or offered by the state or local bar association under the oversight of the court. 1.5 The registry may be reconstituted periodically after an open application period has been announced. The court may allow additional applicants to be added to the registry periodically. 1.6 The court may impose an application processing fee and/or charge a fee for the training programs.

B. Education and Experience Requirements 2.1 Attorneys a. Member of the Washington State Bar Association in good standing; and b. For initial placement on registry, completion of any training as required by statute. For retention on registry, completion of any continuing training, as may be required by statute or the court from time to time. 2.2 Non-attorneys a. Family Law Registry (Title 26) (1) Bachelor level degree in any of the following fields: social work, psychology, counseling, nursing, medicine or equivalent field; or (2) Certified by the State of Washington as a social worker, mental health therapist or marriage and family counselor, or licensed as a psychologist, nurse or physician, in good standing; or (3) Proof of successful completion of guardian ad litem training as required by Title 26 and proof of four completed guardian ad litem assignments for any Washington State superior court within the past five years, or Proof of successful completion of guardian ad litem training as required by Title 26 and proof of successful completion of two supervised guardian ad litem assignments as follows: (i) One guardian ad litem assignment done in conjunction with a mentor guardian ad litem which shall include accompanying the mentor on all visits, attendance at all interviews, participation in preparation of a report, and attendance at all court hearings. The mentor is the guardian ad litem of record and this assignment is without compensation to the applicant. (ii) One guardian ad litem assignment done under the supervision of the same mentor guardian ad litem which shall include more active participation on the part of the applicant, i.e., requesting documents, conducting interviews, preparing reports under the supervision of the mentor. The mentor is the guardian ad litem of record and this assignment is without compensation to the applicant. b. Guardianship Registry (Title 11) (1) Two (2) years of experience in the needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities/ and/or other areas relevant to the needs of incapacitated persons, and (2) Successful completion of mandatory Title 11 training. C. Application Each person requesting to be listed on the Guardian Ad Litem Registry (or registries) shall submit an application on the current form provided by the court. The application form and requirements may be obtained from the Court Administrator's office. D. Appointment of a Guardian ad Litem from Registry 4.1 When the need arises for the appointment of a guardian ad litem in a case involving a subject for which there is a registry, the court shall appoint a person from the registry, unless good cause is found and findings are entered supporting the appointment of a person not listed on the registry. 4.2 Appointments from the registries shall be made in the exercise of the court's sound discretion. In making appointments from a registry, among other factors, the court will consider the facts of the case, and the skills, experience and knowledge of persons on the registry. 4.3 Appointment Procedure (a) Family Law Registry (Title 26) 1. Private Pay: If the parties agree on the appointment of a GAL, they may choose any GAL from the court registry for consideration by the Court. If the parties cannot agree, the Court Administrator or her/his designee shall appoint the next available GAL on the rotational list. 2. County Pay: The requesting attorney/party shall contact the Court Administrator or her/his designee who shall appoint the next available GAL on the county-pay rotation. (b) Guardianship Registry (Title 11) Except in cases where extraordinary circumstances exist, such as the need for particular expertise, the petitioning party shall contact the Court Administrator or her/his designee to request the appointment of the next GAL on the rotational registry (either private pay or county pay). In cases with extraordinary circumstances, the petitioning party may motion the court to deviate from the rotation to appoint a person who has particular expertise. 4.4 The person appointed by the Registry Administrator shall serve upon the parties a notice of appointment. E. Retention on Registry

5.1 Persons on the registry shall promptly inform the court of any temporary unavailability to serve, or of their intent to resign from the registry. 5.2 A person who files an annual update when the same is requested by the Registry Administrator shall remain on the registry unless the person is removed or suspended as set forth in Section F. 5.3 A person may be denied listing on, or may be temporarily suspended from, the registry for any reason that places the suitability of the person to act as GAL in question. 5.4 A GAL who ceases to be on the registry and who still has active or incomplete cases shall immediately report this circumstance to the Court Administrator, who shall reassign such cases. 5.5 A person's retention on the registry shall be reviewed upon the court's receipt of a complaint regarding performance in office or the court's receipt of adverse information regarding the suitability of a person to serve as a GAL. Complaints shall be reviewed in accordance with Section F. F. Complaint Procedure 6.1 There shall be a complaint review committee consisting of the Superior Court Presiding Judge, the Juvenile Court Administrator and a representative of the Chelan/Douglas Counties Bar Association. 6.2 All complaints must be in writing and must be submitted to the Superior Court Administrator at PO Box 880, Wenatchee, WA 98807-0880 or by hand delivery to 401 Washington Street, Level 5, Wenatchee, WA 98801. All complaints must bear the signature, name and address of the person filing the complaint. 6.3 Upon receipt of a written complaint, the Court Administrator shall convene the Complaint Review Committee within 10 business days to review the complaint. Upon review of the complaint, the complaint Review Committee shall either: a. Make a finding that the complaint is with regard to a case then pending in the court and decline to review the complaint and so inform the complainant. In such instances the Committee shall advise the complainant that the complaint may only be addressed in the context of the case at bar, either by seeking the removal of the guardian ad litem or by contesting the information or recommendation contained in the guardian ad litem's report or testimony; or b. Make a finding that the complaint has no merit on its face, and decline to review the complaint and so inform the complainant; or c. Make a finding that the complaint does appear to have merit and request a written response from the GAL within 10 business days, detailing the specific issues in the complaint to which the Committee desires a response. The Committee shall provide the GAL with a copy of the original complaint. A GAL's failure to respond within the required 10 business days will result in the immediate suspension of the GAL from all registries. d. In considering whether the complaint has merit, the Complaint Review Committee shall consider whether the complaint alleges the GAL has: 1. Violated the code of conduct; 2. Misrepresented his or her qualifications to serve as GAL; 3. Not met the annual update requirements set forth in Paragraph 1.2 of this policy; 4. Breached the confidentiality of the parties; 5. Falsified information in a report to the court or in testimony before the court; 6. Failed to report abuse of a child; 7. Communicated with a judicial officer ex-parte; 8. Represented the court in a public forum without prior approval of the court;

9. Violated state or local laws, rules, or this policy in the person's capacity as a GAL; or, 10. Taken or failed to take any other action which would reasonable place the suitability of the person to serve as GAL in question. 6.4 Upon receipt of a written response to a complaint from the GAL, the Complaint Review Committee shall, within 10 business days, make a finding as to each of the issues delineated in the Committee's letter to the GAL that either there is no merit to the issues based upon the GAL's response or that there is merit to the issue. The Review Committee may, at their discretion, extended the time for entering findings to conduct additional investigation if necessary, however, in no case shall that extension be for more than 20 business days and the GAL shall be notified. 6.5 The Complaint Review Committee shall have the authority to issue a written admonishment, a written reprimand, refer the GAL to additional training, recommend to the court, upon its own motion to remove the GAL from the instant case, or suspend or remove the GAL from the registry. In considering a response, the Committee shall take into consideration any prior complaints which resulted in an admonishment, reprimand, referral to training, removal of the GAL from a particular case, or suspension or removal from a registry. If a GAL is listed on more than one registry, the suspension or removal may apply to each registry the GAL is listed on at the discretion of the Committee. 6.6 The complainant and the GAL shall be notified in writing of the Committee's decision within 10 business days of receipt of the GAL response. G. Payment of Guardian ad Litem 7.1 There shall be no payment of a GAL by anyone, except as authorized by order of the court. 7.2 Each order appointing GAL shall set forth the hourly rate of compensation for the investigative/legal work; source of payment, if determined; and unless waived, shall require the GAL to seek court authorization to provide services in excess of those specifically approved in the order appointing GAL. 7.3 The order appointing a GAL may include a provision for a retainer fee, as evidenced by itemized accounting, shall be assessed to the parties according to their proportionate responsibility for payment of the GAL. 7.4 All fee requests by the GAL submitted to the court shall contain time records, which distinguished investigative/legal, administrative/clerical, and travel time and shall also be served upon the parties. 7.5 GAL fees shall be the responsibility of a party or parties unless the court has entered and order authorizing payment at public expense.

[Amended September 1, 2015; Amended September 1, 2016]

LGALR 98.11 COMPLAIN PROCEDURE FOR TITLE 13 GUARDIANS AD LITEM

Any complaint filed against a Title 13 guardian ad litem whether the guardian ad litem is a member of the Chelan-Douglas CASA/GAL program or an attorney guardian at litem appointed by the court, will follow the complaint procedure outlined in LGALR 98.10(F).

LCrR 1.6 DUTIES

The full time Chelan County Court Commissioner shall have the authority to accept pleas in criminal matters.

LCrR 2.2 ELECTRONIC WARRANTS (g) Warrants by Fax Machine or E-mail. Law enforcement officials may send by Fax machine or e-mail a declaration and order for a search warrant to the Court at fax number (509) 667-6588 or e-mail [email protected], or other e-mail as directed by the Court, pursuant to the process published to law enforcement agencies in Chelan County. Upon authorization and entry by the Court, a signed copy of the order shall be sent back by Fax machine or e-mail to the law enforcement official for execution. Each transmission record or coversheet shall indicate the date and time sent.

[Amended September 1, 2014; Amended September 1, 2015; Amended September 1, 2016; Amended September 1, 2017]

LCrR 3.1 RIGHT TO AND ASSIGNMENT OF LAWYER (d)(4) Defendants who request appointment of counsel may be required to promptly execute and file a financial disclosure under oath, which shall substantially comply with the form set forth in Exhibit A attached hereto, or the defendant may be required to provide the information orally to the court. (5) All appointments of counsel by reason of indigency are expressly contingent upon indigency and full disclosure of assets. Where income or assets are discovered or change subsequent to appointment which enable the defendant to afford counsel, or if the defendant can afford partial payment, fees may be ordered to be reimbursed to the court. (e)(1) Attorneys representing defendants in criminal cases, except when appointed by the court, must serve prompt written notice of their employment upon the prosecuting attorney and file the same with the Clerk of the Court, and note the same for a hearing. No withdrawal will be granted by the Court, except for cause deemed sufficient by the Court. Approval of withdrawal may, if necessary to prevent a continuance of a trial or hearing, be denied, and such attorney be required to proceed with the trial.

[Amended September 1, 2017]

LCrR 3.4 PRESENCE OF THE DEFENDANT

(d) All preliminary and timely arrangements for the court appearance of any defendant held in custody shall be the responsibility of the deputy prosecutor in charge of the case, who shall advise the jail staff of the defendant's required appearance.

LCrR 3.6 SUPPRESSION HEARINGS - Duty of Court

Threshold hearings may be stricken upon stipulation by the prosecuting attorney that the defendant has made a preliminary showing for the 3.6 hearing.

LCrR 4.2 PLEAS

(i) If a criminal case is set for trial but will be disposed of by a change of plea, the guilty plea shall be heard on or before the trial date. The court may authorize a continuance and hear the change of plea at a later date.

LCrR 4.5 OMNIBUS HEARINGS (d) (1) Motions. All rulings of the Court at omnibus hearings or on motions shall be binding on the parties and shall not be relitigated at trial. (i) If there is no dispute regarding omnibus requests, the motion shall be signed by both parties and presented to the Court ex parte for signature before the date of omnibus hearing. (ii) A defendant need not appear at the omnibus hearing if there are no disputed omnibus requests.

LCrR 7.1 PROCEDURES BEFORE SENTENCING

(b) (1) When required; Time of Service. Unless otherwise directed by the Court, the prosecuting attorney and the defendant's attorney shall, not less than ten (10) days before the sentencing date, serve a copy of any presentence report upon the opposing party and send the original to the sentencing judge. The Department of Corrections shall serve a copy of its report upon the prosecuting attorney and the defense attorney and the original to the sentencing judge not less than ten days before the sentencing date. (2) Contents of Defendant's Report. The defendant's presentence report which requests a sentence outside of the standard range shall outline any proposed programs, specifically state, among the other details, what community resources are available for implementation of the program. If the defendant is not requesting a sentence outside of the standard range, the defense presentence report shall indicate the recommended sentence, the type of program that should be afforded the defendant, and reasons therefore. (3) Penalties for Violation. A violation of this rule may result in the refusal of the Court to proceed with the sentencing until after reports have been served and filed as directed herein, and in the imposition of terms, or the Court may proceed to impose sentence without regard to the violation. (4) Preliminary Confidential Filing of Report. The Clerk of the Court shall file under seal and not permit examination of the pre-sentence report, any psychological, sociological, and mental health examinations, sex offender treatment evaluations, and polygraph examinations until further order of the court. Upon request for the inspection of such documents, the court shall reasonably promptly inspect the file and provide for inspection of all non-confidential and disclosable information to the requesting individual.

LCrR 7.8 PAYMENT OF COSTS

(a) In all criminal cases, except where the Court Order is to the contrary, the Judgment and Sentence shall provide that the Clerk shall disperse monies received from the criminal defendant in the following order: (1) Restitution; (2) Crime Victims Compensation; (3) Court Costs; (4) Attorneys Fees; (5) Drug Fund; (6) Fines.

LMAR 1.1 APPLICATION OF RULES - PURPOSE AND DEFINITIONS (a) Purpose. The purpose of mandatory arbitration of civil actions under RCW 7.06 as implemented by the Mandatory Arbitration Rules is to provide a simplified and economical procedure for obtaining the prompt and equitable resolution of disputes involving claims of $100,000 or less. The Mandatory Arbitration Rules as supplemented by these local rules are not designed to address every question, which may arise during the arbitration process, and the rules give considerable discretion to the Arbitrator. The Arbitrator should not hesitate to exercise that discretion. Arbitration hearings should be informal and expeditious, consistent with the purpose of the statutes and rules. [Amended September 1, 2018]

LMAR 1.3 RELATIONSHIP TO THE SUPERIOR COURT JURISDICTION AND OTHER RULES - MOTION

All motions before the Court relating to mandatory arbitration shall be noted on the civil motions calendar in accordance with LR 77, except as otherwise provided in these rules arbitration.

LMAR 2.1 TRANSFER TO ARBITRATION (a) Statement of Arbitrability. In every civil case the party filing the Note for Trial Docket provided by Civil Rule 40 shall, upon the form prescribed by the court, complete a Statement of Arbitrability.* Within 14 days after the Note for Trial and Statement of Arbitrability have been served and filed, any party disagreeing with the Statement of Arbitrability or willing to stipulate to arbitration shall serve and file a response to the Statement of Arbitrability on the form prescribed by the Court.** In the absence of such response, the Statement of Arbitrability shall be deemed correct, and the case shall be deemed set for arbitration. If a party asserts that its claim exceeds $100,000 or seeks relief other than a money judgment, the case is not subject to arbitration except by stipulation. (b) Failure to File - Amendments. A party failing to serve and file an original response within the time prescribed may later do so only upon leave of court. A party may amend the Statement of Arbitrability or response at any time before assignment of an Arbitrator or assignment of trial date and thereafter only upon leave of court for good cause shown.*** If a party noting the matter for trial setting: (a) has a limited ability to speak or understand the English Language, or (b) knows, or after reasonable inquiry has reason to believe, that any other party to the action has limited ability to speak or understand the English Language, the party noting the matter for trial shall indicate on the Note for Trial Setting and Initial Statement of Arbitrability that an interpreter is needed. The party filing such Notice of Trial Setting and Initial Statement of Arbitrability shall, simultaneously with such filing, provide a copy of the Notice of Trial Setting and Initial Statement of Arbitrability to the Judicial Assistant. (c) By Stipulation. A case in which all parties file a stipulation to arbitrate under MAR 8.1 will be placed on the arbitration calendar regardless of the nature of the case or amount in controversy.**** * Form LMAR 2.1(a)1 ** Form LMAR 2.1(a)2 *** Form LMAR 2.1(b) **** Form LMAR 2.1(c) [Amended September 1, 2018]

LMAR 2.3 ASSIGNMENT TO ARBITRATOR

(a) Generally; Stipulations. When a case is set for arbitration, a list of five proposed arbitrators will be furnished to the parties.* A master list of arbitrators will be made available upon request. The parties are encouraged to stipulate to an arbitrator.** In the absence of a stipulation, the arbitrator will be chosen from among the five proposed arbitrators in the manner defined by this rule.

(b) Response by Parties. Each party may, within 14 days after the list of proposed arbitrators is furnished to the parties, nominate one or two arbitrators and strike two arbitrators from the list. If both parties respond, an arbitrator nominated by both parties will be appointed. If no arbitrator has been nominated by both parties, the Arbitration Administrator will randomly appoint an arbitrator from among those not stricken by either party. (c) Response by Only One Party. If only one party responds within 14 days, the Arbitration Administrator will appoint an arbitrator nominated by that party. (d) No Response. If neither party responds within 14 days, the Arbitration Administrator will randomly appoint one of the five proposed arbitrators. (e) Additional Arbitrators for Additional Parties. If there are more than two adverse parties, all represented by different counsel, two additional proposed arbitrators shall be added to the list for each additional party so represented with the above principles of selection to be applied. The number of adverse parties shall be determined by the Arbitration Administrator, subject to review by the Presiding Judge.

LMAR 3.1 QUALIFICATIONS

(a) Arbitration Panel. There shall be a panel of arbitrators in such numbers as the Superior Court Judges may from time to time determine. A person desiring to serve as an arbitrator shall complete an information sheet on the form prescribed by the Court. A list showing the names of arbitrators available to hear cases and the information sheets will be available for public inspection in the Arbitration Administrator's Office. The oath of office on the form prescribed by the Court must be completed and filed prior to an applicant being placed on the panel. (b) Refusal; Disqualification. The appointment of an arbitrator is subject to the right of that person to refuse to serve. An arbitrator must notify the Arbitration Administrator immediately if refusing to serve or if any cause exists for the arbitrator's disqualification from the case upon any of the grounds of interest, relationship, bias or prejudice set forth in CJC Cannon 3(c) governing the disqualification of judges. If disqualified, the Arbitrator must immediately return all materials in a case to the Arbitration Administrator.

LMAR 3.2 AUTHORITY OF ARBITRATORS

An arbitrator has the authority to: (a) Determine the time, place and procedure to present a motion before the arbitrator. (b) Require a party or attorney advising such party or both to pay the reasonable expenses, including attorney's fees, caused by the failure of such party or attorney or both to obey an order of the arbitrator unless the arbitrator finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The arbitrator shall make a special award for such expenses and shall file such award with the clerk of the court, with proof of service on each party. The aggrieved party shall have 10 days thereafter to appeal the award of such expense in accordance with the procedures described in RCW 2.24.050. If within 10 days after the award is filed no party appeals, a judgment shall be entered in a manner described generally under MAR 6.3. (c) Award attorney's fees as authorized by these rules, by contract or law.

LMAR 4.2 DISCOVERY

In determining when additional discovery beyond that directly authorized by MAR 4.2 is reasonably necessary, the Arbitrator shall balance the benefits of discovery against the burdens and expenses. The Arbitrator shall consider the nature and complexity of the case, the amount of controversy, values at stake, the discovery that has already occurred, the burdens on the party from whom discovery is sought, and the possibility of unfair surprise which may result if discovery is restricted. Authorized discovery shall be conducted in accordance with the civil rules except that motions concerning discovery shall be determined by the Arbitrator.

LMAR 5.1 NOTICE OF HEARING - TIME AND PLACE - CONTINUANCE

An arbitration hearing may be scheduled at any reasonable time and place chosen by the Arbitrator.* The Arbitrator may grant a continuance without court order. The parties may stipulate to a continuance only with the permission of the Arbitrator. The Arbitrator shall give reasonable notice of the hearing date and any continuance to the Arbitration Administrator.**

* Form LMAR 5.1(a) ** Form LMAR 5.1(b)

LMAR 5.2 PREHEARING STATEMENT OF PROOF - DOCUMENTS FILED WITH THE COURT

In addition to the requirements of MAR 5.2, each party shall also furnish the Arbitrator with copies of pleadings and other documents contained in the court file which that party deems relevant. The court file shall remain with the County Clerk. The Arbitrator shall strictly enforce the provisions of MAR 5.2 and is encouraged to withhold permission to present evidence at time of hearing if the parties have failed to comply with this rule.

LMAR 5.3 CONDUCT OF HEARING - WITNESSES -RULES OF EVIDENCE

(a) Oath or Affirmation. The Arbitrator shall place a witness under oath or affirmation before the witness presents testimony. (b) Recording. The hearing may be recorded electronically or otherwise by any party at his or her expense. (c) Certain Documents Presumed Admissible. The documents listed below, if relevant, are presumed admissible at an arbitration hearing, but only if (1) the party offering the document serves on all parties a notice, accompanied by a copy of the document and the name, address, and telephone number of its author or maker, at least 14 days prior to the hearing in accordance with MAR 5.2; and (2) the party offering the document similarly furnishes all other parties with copies of all other related documents from the same author or maker. This rule does not restrict argument or proof relating to the weight of the evidence after hearing all of the evidence and the arguments of opposing parties. The documents presumed admissible under this rule are: 1. A bill, report, chart or record of a hospital, doctor, dentist, registered nurse, licensed practical nurse, physical therapist, psychologist or other health care provider, on a letterhead or billhead; 2. A bill for drugs, medical appliances or other related expenses on a letterhead or billhead; 3. A bill for or an estimate of property damage on a letterhead or billhead. In the case of an estimate, the party intending to offer the estimate shall forward with the notice to the adverse party, a statement indicating whether or not the property was repaired, and if it was, whether the estimated repairs were made in full or in part, attaching a copy to the receipted bill showing the items of repair and the amount paid. 4. A police, weather, wag loss, or traffic signal report, or standard United States government life expectancy table to the extent it is admissible under the Rules of Evidence, but without the need for formal proof of authentication or identification; 5. A photograph, x-ray, drawing, map, blueprint or similar documentary evidence, to the extent it is admissible under the Rules of Evidence, but without the need for formal proof of authentication or identification; 6. The written statement of any other witness, including the written report of an expert witness, and including a statement of opinion which the witness would be allowed to express if testifying in person, if it is made by affidavit or by declaration under penalty of perjury; 7. A document not specifically covered by any of the foregoing provisions but having equivalent circumstantial guarantees of trustworthiness, the admission of which would serve the interest of justice. (e) Opposing Party May Subpoena Author or Maker as Witness. Any other party may subpoena the author or maker of a document admissible under this rule, at that party's expense, and examine the author or maker as if under cross-examination.*

LMAR 6.1 FORM AND CONTENT OF AWARD

(a) Form. The award shall be prepared on the form prescribed by the Court.* (b) Exhibits. All exhibits offered during the hearing shall accompany the award and be filed with the Clerk.

LMAR 6.2 FILING OF AWARD

A request by an Arbitrator for an extension of time for the filing of an award under MAR 6.2 may be presented to the Presiding Judge, ex parte. The Arbitrator shall give the parties notice of any extension granted.

LMAR 6.3 JUDGMENT ON AWARD

(a) Presentation. A judgment on an award shall be presented to the Presiding Judge, by any party, on notice in accordance with MAR 6.3.

LMAR 7.1 REQUEST FOR TRIAL DE NOVO - CALENDAR Trial Date: Jury Demand. Every case transferred to the arbitration calendar shall maintain its position on the trial calendar as if the case had not been transferred to arbitration. A case that has been given a trial date will not lose that date by reason of being transferred to arbitration. The case shall be stricken from the trial calendar after the twenty (20)-day period within which a party may request a trial de novo has elapsed. Any jury demand shall be served and filed by the appealing party along with the request for a trial de novo, and by a non-appealing party within 14 calendar days after the request for trial de novo is served on that party. If no jury demand is timely filed, it is deemed waived.

LMAR 7.2 PROCEDURE AT TRIAL

The Clerk shall seal arbitration awards at the time they are filed.

LMAR 8.4 TITLE AND CITATION

These rules are known and cited as the Chelan County Mandatory Arbitration Rules. LMAR is the official abbreviation.

LMAR 8.5 COMPENSATION OF ARBITRATOR

(a) Generally. Arbitrators shall be compensated in the same amount and manner as Judges Pro Tempore of the Superior Court; provided, however, that said compensation shall not exceed $1000.00 for any case unless prior approval is granted by a judge. Hearing time and reasonable preparation time are compensable. (b) Form. When the award is filed, the Arbitrator shall submit to the Court a request for payment on a form prescribed by the Court. The Presiding Judge shall determine the amount of compensation and costs to be paid.

LMAR 8.6 ADMINISTRATION The Arbitration Administrator, under the supervision of the Superior Court Judges, shall supervise arbitration under these rules and perform any additional duties, which may be delegated by the judges.

EX. A - LR 5 CASE INFORMATION COVER SHEET - RESCINDED The contents of this item are only available on-line. EX. B - LR 7 NOTE FOR MOTION The contents of this item are only available on-line.

EX A-LSPR 94.04 FINANCIAL DECLARATION The contents of this item are only available on-line.

EX B-LSPR 94.04 MATRIX The contents of this item are only available on-line.

EX C-LSPR 94.04 JIS SEARCH FORM The contents of this item are only available on-line.

EX D-LSPR 94.04 AUTOMATIC TEMPORARY ORDER FOR PARTIES WITH MINOR CHILDREN (TMO) The contents of this item are only available on-line.

DECLARATION DECLARATION OF INDIGENCY The contents of this item are only available on-line.

LMAR 2.1(A)1 NOTE FOR TRIAL SETTING AND INITIAL STATEMENT OF ARBITRABILITY The contents of this item are only available on-line.

LMAR 2.1(A)2 RESPONSE TO NOTE FOR TRIAL SETTING AND INITIAL STATEMENT OF ARBITRABILITY The contents of this item are only available on-line.

LMAR 2.1(B) AMENDED STATEMENT OF ARBITRABILITY The contents of this item are only available on-line.

LMAR 2.1(C) STIPULATION TO ARBITRATION The contents of this item are only available on-line.

LMAR 2.3(A) NOTICE OF PROPOSED ARBITRATORS The contents of this item are only available on-line.

LMAR 2.3(A)2 STIPULATION TO ARBITRATOR The contents of this item are only available on-line.

LMAR 5.1(A) NOTICE OF ARBITRATION HEARING DATE The contents of this item are only available on-line.

LMAR 5.1(B) ORDER OF CONTINUANCE OF ARBITRATION HEARING DATE The contents of this item are only available on-line.

LMAR 5.3(E)1 SUBPEONA The contents of this item are only available on-line.

LMAR 5.3(E)2 SUBPOENA DUCES TECUM The contents of this item are only available on-line.

LMAR 6.1(A) ARBITRATION AWARD The contents of this item are only available on-line.

LMAR 7.1 REQUEST FOR TRIAL DE NOVO AND FOR CLERK TO SEAL THE AWARD The contents of this item are only available on-line.

CLALLAM COUNTY SUPERIOR COURT LOCAL RULES FOR SUPERIOR COURT Table of Rules

Appeals from the Courts of Limited Jurisdiction

Local Administrative Rules Rule 0.1 Presiding Judge; Assistant Presiding Judge Rule 0.2 Sealed Reports; Adult Criminal and Juvenile Delinquency Proceedings; Psychological, Chemical Dependency, and Mental Evaluations and Reports Rule 0.3 Sealed Reports; Adult Criminal Proceedings and Juvenile Delinquency Proceedings; Presentence Investigation Reports, Billing Statements (Rescinded) Rule 0.4 Sealed Reports; Defendant's Case History Information Rule 0.5 Administrative Records, Discovery Documents or Copies Rule 0.6 Clerk's Action Required Rule 0.7 Format for Pleadings and Other Papers

Local Mandatory Arbitration Rules (LMAR) I. Scope and Purpose of Rules LMAR 1.1 Application of Rules LMAR 1.2 Matters subject to Arbitration LMAR 1.3 Claim Limit

II. Transfer of Arbitration and Assignment of Arbitrator LMAR 2.1 Transfer to Arbitration LMAR 2.2 Assignment to Arbitrator

III. Arbitrators LMAR 3.2 Authority of Arbitrators

IV. Procedures After Assignment LMAR 4.2 Discovery V. Hearing LMAR 5.2 Prehearing Statement of Proof - Document filed with Court

VI. Award LMAR 6.1 Form and Content of Award LMAR 6.2 Filing of Award

VII. Trial De Novo LMAR 7.1 Request for Trial De Novo - Calendar

VIII. General Information LMAR 8.3 Effective Date LMAR 8.6 Compensation of Arbitrator LMAR 8.7 Administration LMAR 8.8. Want of Prosecution

Local Civil Rules for Superior Court (LCR) LCR 0.6 Reapplication for Order LCR 0.7 Counsel Fees LCR 1. Priority Trial Setting LCR 2. Revision of Commissioner's Ruling LCR 7(b) Necessary Provision in Pleadings Relating to Supplemental Proceedings and Show Cause Hearings for Contempt LCR 31 [Untitled] LCR 40(b) Trial Settings and Continuances LCR 40(f) Affidavits of Prejudice LCR 40.1 Notice to Court of Calendar and Jury Trial Changes LCR 51(c) Jury Instructions LCR 54 Judgments and Costs LCR 59(e) Motion for Reconsideration or New Trial LCR 77(k) Hearing of Motion Calendar LCR 78 Procedure for Emancipation Petitions LCR 81 Applicability in General LCR 94(a) Family Court Hearings and Motions LCR 94(b) Domestic Relations Final Hearing on Contested Matters LCR 94(c) Domestic Relations Waiver of Age to Marry LCR 94(d) Domestic Relations Notice to Superior Court of Juvenile Proceedings LCR 94(e) Entry of Dissolution Decree by Declaration of Jurisdictional Facts LCR 94(f) Domestic Relations Settlement Conferences LCR 95 Mandatory Parenting Seminars LCR 95 Order Administrative Order of January 1, 1996 Establishing Standards for Parenting Seminars as Required By LCR 95 Local Guardian Ad Litem Rules (LGALR) LGALR 7 Guardian Ad Litem Grievance Procedures Local Criminal Rules for Superior Court (LCrR) LCrR 0.6 Reapplication for Order LCrR 0.7 Counsel Fees LCrR 1. Justification of Sureties LCrR 1.1 Applicability in General LCrR 1.2 Court Commisioner Authority LCrR 4.5(c) Status Hearings LCrR 6.1 Notice to Court of Calendar and Jury Trial Changes LCrR 6.11(c) Affidavits of Prejudice LCrR 6.15 Jury Instructions

Exhibits Note Note for Arbitration Notice Notice for Trial Setting Exhibit A-1 Affidavit Regarding Attorney Fees Exhibit A-2 Affidavit Regarding Attorney Fees Exhibit B Notice for Trial Setting Exhibit C Pretrial Affidavit Exhibit D Order of Justification Exhibit E Status Report and Order Exhibit F Exhibit F to LCR 94(E) Entry of Dissolution Decree by Declaration of Jurisdictional Facts Exhibit G Supplement to Emancipation Petition Exhibit H Response to Petition for Emancipation LCR 94(f)-A Exhibit A - Settlement Conference Statement

APPEALS FROM COURTS OF LIMITED JURISDICTION

Pursuant to the provisions of RALJ 4, the Superior Court in and for Clallam County adopts the following mandatory procedures for appeals from Courts of Limited Jurisdiction: I. LRALJ 4.1 AUTHORITY OF COURTS PENDING APPEAL A. Notice of Appeal: Jurisdiction of Superior Court is invoked upon the filing of a Notice of Appeal with the Superior Court Clerk. B. Court of Limited Jurisdiction. After a Notice of Appeal has been filed, and while the case is on appeal, authority to act in a case is limited to RALJ except as expanded by these rules. C. Questions Relating to Indigency. The Court of Limited Jurisdiction shall decide questions relating to indigency concerning the appointment of counsel at public expense. The Superior Court shall decide questions relating to indigency concerning all other expenses the party wants waived or provided at public expense. 1. Motion for Order of Indigency and Appointment of Counsel at Public Expense. a. Criminal cases. A party seeking review partially or wholly at public expense from a decision of a Court of Limited Jurisdiction must move in the lower court for an Order of Indigency and Appointment of Counsel at Public Expense. The motion must be supported by an affidavit setting forth the moving party's total assets; monthly income, expenses and liabilities of the party; and a statement of the amount, if any, the party can contribute toward the expense of counsel., b. Civil cases. A party seeking review of a civil case partially or wholly at public expense must move in the lower court for an Order of Indigency and Appointment of counsel at Public Expense. The Motion must be supported by an affidavit meeting substantially the same requirements as set forth in subsection (a) above. In addition, the party must also demonstrate in the motion or the supporting affidavit that the party has a constitutional right to review partially or wholly at public expense. 2. Motion for Order of Payment of Costs at Public Expense. A party seeking review partially or wholly at public expense from a decision of a Court of Limited Jurisdiction must move in the Superior Court for an Order of Payment of Costs at Public Expense. The motion must be supported by a statement of the costs the party wants waived or provided at public expense. 3. Action by the District/Municipal Court. The lower court shall decide the motion for an Order of Indigency and Appointment of Counsel at Public Expense, after a hearing if the circumstances warrant, as follows: a. Denial generally. The lower court shall deny the motion if a party has adequate means to pay all of the cost of a lawyer for appellant review. The order denying the motion for an Order of Indigency and Appointment of Counsel at Public Expense shall contain findings designating the funds or source of funds available to the party to pay the cost for a lawyer. b. Approval generally (criminal). The lower court shall grant the motion and enter an Order of Indigency and Appointment of Counsel at Public Expense if the party seeking public funds is unable by reason of poverty to pay all or some of the costs of a lawyer for review. c. Approval generally (civil). If the case is civil case, and the party is unable by reason of poverty to pay all or some of the costs of lawyer for review, and if the party has a constitutional right to review partially or wholly at public expense, the lower court shall enter findings of indigency. d. The Motion, Affidavit and Order Re: Indigency and Appointment of Counsel at Public expense shall be transmitted to the Superior Court by the Lower Court Clerk as a part of the record on review. 4. Action by the Superior Court. The Superior Court shall decide the motion for Order of Payment of Costs at Public Expense, after a hearing if the circumstances warrant. 5. Order of Indigency and Order of Payment of Costs at Public Expense. The Order(s) shall designate the items of expense which are to be paid with public funds and, where appropriate, the items of expense to be paid by a party or the amount which the party must contribute toward the expense of review. The Order shall designate the extent to which public funds are to be used for payment of the expense of the record on review, limited to those parts of the record reasonably necessary to review issues argued in good faith. Verbatim transcripts of Voir Dire and/or opening statements shall not be paid at public expense without specific court approval. The transcript, to be paid at public expense, shall contain only those portions of the electronic recording necessary to present the issues on appeal. 6. A party and counsel for the party who have been granted an Order pursuant to this rule must promptly bring to the attention of the Superior Court any significant improvement, during review, in the financial condition of the parties. The Superior court will give a party the benefit of an Order granted pursuant to this rule throughout the review unless the Superior Court finds that the party's financial condition has improved to the extent that the party is no longer indigent. 7. Appointment and Withdrawal of Counsel in Trial Court. The lower court shall determine questions relating to the appointment and withdrawal of counsel for an indigent party on review. 8. Conditions for Payment. The expenses for an indigent party which are necessarily incident to review by the Superior Court will be paid from public funds, by the Superior Court, only if an Order of Payment meets the requirements of paragraph 5 above and is included in the record on review. [Adopted effective June 8, 2000.]

II. Small Claims Appeal: Small Claims Court's judgments appealed to the Superior Court shall be subject to the mandatory arbitration requirements of Superior Court and shall follow the procedural rules relating to arbitration. A Trial De Novo on an appeal from Small Claims Court shall not be allowed unless the parties have participated in mandatory arbitration pursuant to the local rules. [Adopted effective June 8, 2000.]

Rule 0.1 Presiding Judge; Assistant Presiding Judge

The Presiding Judge and Assistant Presiding Judge shall be elected to serve for a two (2) year term commencing on January 1, 2002. The Presiding Judge shall manage administrative and policy matters of the court. The Assistant Presiding Judge shall serve as the Acting Presiding Judge during the absence of, or upon the request of, the Presiding Judge.

[Adopted effective September 1, 2002.]

Rule 0.2 Sealed Reports; Adult Criminal and Juvenile Delinquency Proceedings; Psychological, Chemical Dependency, and Mental Evaluations and Reports. [Rescinded.]

[Rescinded effective September 1, 2015]

Rule 0.3 Sealed Reports; Adult Criminal Proceedings and Juvenile Delinquency Proceedings; Presentence Investigation Reports, Billing Statements [Rescinded.]

[Rescinded effective September 1, 2015]

Rule 0.4 Sealed Reports; Defendant’s Case History Information

The clerk of the court shall seal defendant’s case history information obtained from the Judicial Information System whether filed separately or attached to a document as a schedule or exhibit.

[Adopted effective September 1, 2002.]

Rule 0.5 Administrative Records, Discovery Documents or Copies

The clerk shall treat the administrative record as an exhibit. Exhibits in all cases shall be kept by the Clerk separate from the files or the case and returned or destroyed at the end of the case, once the appeal time has run. Documents or copies produced during discovery or other items that should properly be received as exhibits shall not be included in the court file.

Rule 0.6 Clerk's Action Required

Any order or document that is filed in the Clerk's Office requiring action by the Clerk must contain language on the first page of the document in the upper right hand side as follows: "Clerk's Action Required" and be properly marked/identified that action is required. When the Clerk is to forward a copy of an order to law enforcement, the order must clearly state that the Clerk is to forward a copy of the order to law enforcement and include the name of the law enforcement agency where the order is to be sent.

Rule 0.7 Format For Pleadings And Other Papers

All Pleadings, motions, and other papers filed with the court shall comply with General Rule 14 and documents shall be in 12 point or larger type, double- spaced between the lines.

LMAR 1.1 Application of Rules

The purpose of mandatory arbitration of civil actions under RCW 7.06 as implemented by the Mandatory Arbitration Rules is to provide a simplified and economical procedure for obtaining the prompt and equitable resolution of disputes involving claims of $50,000.00 or less. The Mandatory Arbitration Rules as supplemented by these local rules are not designed to address every question which may arise during the arbitration process and the rules give considerable discretion to the arbitrator. The arbitrator should not hesitate to be informal and expeditious, consistent with the purpose of the statute and rules.

LMAR 1.2 Matters subject to Arbitration

By implementation of these rules the Superior Court of Washington for Clallam County authorizes mandatory arbitration under RCW 7.06.010, and approves such arbitration in civil actions in which no party asserts, on the party's own behalf, a claim in excess of $50,000.00 exclusive of interest, attorney's fees and costs under RCW 7.06.020 as amended.

LMAR 1.3 Claim Limit

The limit for claims subject to mandatory arbitration is $100,000.00, exclusive of interest, attorney fees and costs. For the purpose of this rule, a "claim" is defined to be the net value of the claim, after all reductions for comparative negligence or setoffs. [Adopted effective November 8, 1993; Amended Effective February 16, 1994; September 1, 2018.]

LMAR 2.1 Transfer to Arbitration

a) Statement of Arbitrability. In every civil case, the party filing the note for trial setting (Exhibit A) provided by CR 40 (a) (1) and LCR 40(B) (1), or any party prior to the time for trial setting, may upon the form prescribed by the court, complete a statement of arbitrability, which will be filed In the Superior Court Clerk's office and a duplicate copy delivered to the Court Administrator's office and the opposing party or parties. A party failing to file and serve a statement of arbitrability within the times prescribed shall be deemed to have waived arbitration, and may subject the matter to mandatory arbitration thereafter only upon leave of the court for good cause shown. b) Response to Statement of Arbitrability. Any party disagreeing with the statement of arbitrability shall serve and file a response on the form prescribed by the court (Exhibit B). A duplicate copy of the response shall be delivered to the Court Administrator. In the absence of such a response, the statement of arbitrability shall be deemed correct. Any response opposing the statement of arbitrability shall be filed within seven days after the receipt of the statement of arbitrability. A notice of issue shall be filed with any response objecting to the statement of arbitrability, noting the matter for hearing on the issue of arbitrability within 14 days of filing the response. c) Failure to File - Amendments. A person failing to serve and file an original response within the times prescribed may later do so only upon leave of the court. A party may amend a statement of arbitrability or response at any time before assignment of an arbitrator or assignment of a trial date, and thereafter only upon leave of the court for good cause shown. d) By Stipulation. A case in which all parties file a stipulation to arbitrate under MAR 8.1(b) will be placed on the arbitration calendar regardless of the nature of the case or amount in controversy. e) When Transfer to Arbitration Occurs for Purposes of Application of Local Rules. The case is transferred to arbitration upon the filing of a statement of arbitrability indicating that the case is subject to arbitration, and the filing of a motion for appointment of arbitrator, unless an objection to arbitration of the case is received within the time limits found in LMAR 2.1(b). This transfer shall also trigger the restriction on discovery contained in MAR 4.2 and LMAR 4.2.

LMAR 2.2 Assignment to Arbitrator

a) Generally; Stipulations. When a case is set for arbitration, a list of five proposed arbitrators will be furnished to the parties. A master list of arbitrators will be made available on request. The parties are encouraged to stipulate to an arbitrator. In the absence of a stipulation, the arbitrator will be chosen from among the five proposed arbitrators in the manner defined by this rule. b) Response by Parties. Each party may, within 14 days after a list of proposed arbitrators is furnished to the parties, nominate one or two arbitrators and strike two arbitrators from the list. If both parties respond, an arbitrator nominated by both parties will be appointed. If no arbitrator has been nominated by both parties, a superior court judge or commissioner will randomly appoint an arbitrator from among those not stricken by either party. c) Response by Only One Party. If only one party responds within 14 days, a superior court judge or commissioner will appoint an arbitrator nominated by that party. d) No Response. If neither party responds within 14 days, a superior court judge or commissioner will appoint one of the five proposed arbitrators.

LMAR 3.2 Authority of Arbitrators

a) An arbitrator has the authority to: 1) Determine the time, place and procedure to present a motion before the arbitrator. 2) Require a party or attorney, advising such party, or both, to pay the reasonable expenses, including attorney fees, caused by the failure of such party or attorney, or both, to obey an order of the arbitrator unless the arbitrator finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The arbitrator shall make a special award for such expenses and shall file such award with the clerk of the superior court, with proof of service on each party. The aggrieved party shall have 10 days thereafter to appeal the award of such expense in accordance with the procedure described in RCW 2.24.050. If, within 10 days after the award is filed no party appeals, a judgment shall be entered in manner described generally under MAR 6.3. 3) Award attorney fees, as authorized by these rules, by a contract or by law. 4) Decide the location for the arbitration hearing. b) Arbitrators shall have immunity to the same extent as provided for superior court judges in Washington State.

LMAR 4.2 Discovery

a) Additional Discovery. In determining when additional discovery beyond that directly authorized by MAR 4.2 is reasonably necessary, the arbitrator shall balance the benefits of discovery against the burdens and expenses. The arbitrator shall consider the nature and complexity of the case, the amount in controversy, values at stake, the discovery that has already occurred, the burdens on the party from whom discovery is sought, and the possibility of unfair surprise which may result if discovery is restricted. Authorized discovery shall be conducted in accordance with the civil rules, except that motions concerning discovery shall be determined by the arbitrator. b) Notwithstanding the Foregoing. The following interrogatories may be submitted to any party: 1) State the amount of general damages being claimed; 2) State each item of special damages being claimed and the amount thereof; 3) List the name, address and phone number of each person having knowledge of any facts regarding liability; 4) List the name, address and phone number of each person having knowledge of any facts regarding the damages claimed; 5) List the name, address and phone number of each expert witness you intend to call at the arbitration. For each such expert, state the subject matter on which the expert is expected to testify; state the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion.

Only these interrogatories, with the exact language as set out above, are permitted.

LMAR 5.2 Prehearing Statement of Proof - Document filed with Court.

In addition to the requirements of MAR 5.2, each party shall also furnish the arbitrator with copies of pleadings and other documents contained in the court file which that party deems relevant. The court file shall remain with the county clerk.

LMAR 6.1 Form and Content of Award

a) Exhibits. All exhibits offered during the hearing shall be returned to the offering parties. b) Attorney Fees. Any motion for actual attorney fees, whether pursuant to contract, statute, or recognized ground in equity, must be presented to the arbitrator, as follows: 1) Any motion for an award of attorney fees must be submitted to the arbitrator and served on opposing counsel within seven calendar days of receipt of the award. There shall be no extension of this time - unless the moving party makes a request for an extension before the seven day period has expired, in writing, served on both the arbitrator and opposing counsel; 2) Any response to the motion for fees, must be submitted to the arbitrator and served on opposing counsel within seven calendar days after receipt of the motion; 3) The arbitrator shall render a decision on the motion, in writing, within 14 days after the motion is made; 4) If the arbitrator awards fees, the arbitrator shall file an amended award. If fees are denied, the decision shall be filed and served on the parties; 5) It is within the arbitrator's discretion to hold a hearing on the issue of fees; 6) The time for appeal of the arbitrator's decision in any case where attorney fees have been timely requested, as set forth above, shall not run until the service and filing of the amended award, or the denial thereof.

LMAR 6.2 Filing of Award

A request by an arbitrator for an extension of the time for the filing of an award under MAR 6.2 may be presented to a superior court judge or commissioner ex parte. The arbitrator shall give the parties notice of an extension granted.

LMAR 7.1 Request for Trial De Novo - Calendar

a) A written request for a trial de novo shall be accompanied by a note of issue noting the matter for trial setting. Failure to submit the note of issue is not grounds for dismissal; however, the court may impose terms in its discretion. b) In any case in which a party makes a motion for attorney fees pursuant to LMAR 6.1 c, the 20 day period for appeal shall not commence until the arbitrator has either filed and served the amended award, or the written denial thereof. c) The appealing party may file and serve on the other party or parties a jury demand at the same time as the request for a trial de novo and note of issue are filed. The non-appealing party shall have until the time the case is set for trial to file a jury demand. If no jury demand is timely filed, it is waived. d) When a case is transferred to the arbitration calendar it will lose its trial date.

LMAR 8.3 Effective Date

These rules, as amended, become effective o the 1st day of January, 1994, subject to amendment thereafter. With respect to civil cases pending on that date, if the case has not at that time received a trial date, or if the trial date has been set for later than the 1st day of April, 1994, any party may serve and file a statement of arbitrability indicating that the case is subject to mandatory arbitration. If, within 14 days, no party files a response indicating that the case is not subject to arbitration, the case will be transferred to the arbitration calendar. A case set for trial earlier than the 1st day of April, 1994, will be transferred to arbitration only by stipulation of all parties.

LMAR 8.6 Compensation of Arbitrator.

a) Generally. Arbitrators shall be compensated in the same amount and manner as judges pro tempore of the superior court; provided, however, that said compensation shall not exceed $500.00 for any case unless prior approval is granted by the presiding judge. Hearing time and reasonable preparation time are compensable. Arbitrators may be reimbursed a sum not to exceed $25.00 for costs incurred. b) Form. When the award is filed, the arbitrator shall submit to the presiding court ex parte a request on a form prescribed by the court. The presiding judge shall determine the amount of compensation and costs, if any are to be paid.

LMAR 8.7 Administration

a) Court Administrator. The court administrator and superior court clerk, under the supervision of the Superior Court Judges shall implement the procedures mandated by these rules and perform any additional duties which may be delegated by the judges. b) Administrative Committee. There shall be an administrative committee composed of both Superior Court judges, a Court commissioner, and three members of the Washington State Bar Association, chosen by the Clallam County Bar Association. The bar members of the committee shall serve for staggered three year terms and may be reappointed. Terms of the initial committee shall be determined by lot. c) Administrative Committee - Duties. The administrative committee shall have the power and duty to: 1) Select its chairperson and provide for its procedures; 2) Select and appoint the panel of arbitrators; 3) Remove a person from the panel of arbitrators; 4) Establish procedures for selecting an arbitrator not inconsistent with the Mandatory Arbitration Rules or these rules; 5) Review the administration and operation of the arbitration program periodically and make recommendations as it deems appropriate to improve the program.

LMAR 8.8. Want of Prosecution

The Superior Court Clerk shall file a clerk's motion to dismiss for want of prosecution in any case assigned for arbitration where there is no activity for a period of one year.

RULE 0.6 REAPPLICATION FOR ORDER

(a) When an order has been applied for and refused in whole or in part or has been granted conditionally and the condition has not been performed, the same application for an order must not be presented to another Judge, without disclosure of the prior refusal. (b) If a subsequent application is made upon an alleged different state of facts, it must be shown by affidavit what application was made, when and to what Judge, what order or decision was made thereon, and what new facts are claimed to be shown. (c) Any order entered in violation of this rule may be set aside upon motion.

[Adopted effective June 30, 1993.]

RULE 0.7 COUNSEL FEES

Appointed counsel moving for the fixing or payment of fees, and counsel moving the court to fix fees in any other case, shall itemize time, services rendered, and other detailed basis for the fees requested in affidavit form. The affidavit submitted by appointed counsel shall be in the form of Exhibit A-1. The affidavit submitted by counsel who are not appointed by the court shall be substantially in the form of Exhibit A-2.

[Adopted effective June 30, 1993.]

RULE 1. PRIORITY TRIAL SETTING

To obtain a priority civil setting (including cases with statutory priority), the requesting party shall note the trial setting for hearing on the regular civil calendar and shall by motion and affidavit set forth the basis for the priority settings. The Court Administrator shall not set cases as “Priority” without written order of the court.

[Adopted effective June 30, 1993.]

RULE 2. REVISION OF COMMISSIONER’S RULING

(a) A party or counsel moving for revision of a ruling by a Court Commissioner shall comply with RCW 2.24.050. (b) A motion for revision shall be submitted on the record, together with supporting memoranda, if any, without oral argument, unless otherwise ordered by the court. (c) Copies of the motion for revision and any memoranda in support thereof shall be served upon all other parties and copies thereof shall also be delivered to the Judge assigned to decide the motion at the time the originals thereof are filed with the Clerk. The Judge assigned shall review the motion and shall request the non- moving party to respond unless the motion is summarily denied. The Judge's decision may be in the form of a final order, in which case it shall be expressly entitled as such.

[Adopted effective June 30, 1993.}

RULE 7(b) NECESSARY PROVISION IN PLEADINGS RELATING TO SUPPLEMENTAL PROCEEDINGS AND SHOW CAUSE HEARINGS FOR CONTEMPT

(1) In all supplemental proceedings wherein an order is to be issued requiring the personal attendance of a party to be examined in open court, and in orders to show cause for contempt, the order must include substantially the following words in capital letters: YOUR FAILURE TO APPEAR AS ABOVE SET FORTH AT THE TIME, DATE AND PLACE THEREOF WILL CAUSE THE COURT TO ISSUE A BENCH WARRANT FOR YOUR APPREHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE MATTER CAN BE HEARD OR UNTIL BAIL IS POSTED. No bench warrant will be issued in such cases for the apprehension of the cited person if such language has been omitted. (2) Orders to show cause for contempt shall be served on the alleged contemnor in the manner of service of a summons and complaint.

[Adopted effective June 30, 1993.]

LCR 31

(1) Complete names of children, sealed case types: The complete names of children shall be used in cases that are deemed confidential pursuant to state or federal statutes, including cases filed pursuant to Chapter 13.32A RCW (family reconciliation), Chapter 13.34 RCW (dependency and termination), Chapter 4.24 RCW (special rights of action), Chapter 26.33 (adoption), Chapter 26.26 (parentage) and Chapter 71.34 (mental health services for minors). (2) Confidential Information Form: The complete names of children and other identifiers shall be included in the Confidential Information Form or similar document for cases filed under Title 26. (3) Domestic Relations Filings and Orders: Court orders concerning the financial support or the custody or residential schedule of a child (including temporary and permanent parenting plans and similar documents) and orders establishing or disestablishing paternity shall include the full name of the child. The date of birth of a child shall be included in court records only as authorized by GR 22. (4) Child who is alleged to be a victim of a crime: The complete name of a child who is alleged to be a victim of a crime may be included on subpoenas and in jury instructions. Nothing in this rule requires that subpoenas be routinely filed in the court file. (5) Child who is charged with a crime: The complete name of a child charged with a crime shall be included in any indictment or information filed with the court pursuant to CrR 2.1 or JuCR 7.2, as part of an affidavit or declaration of probable cause or for any other purpose deemed necessary for the prosecution or defense of the criminal or juvenile offender matter. (6) Orders issued for the protection of a child: If a child is a person protected by a criminal no contact order issued pursuant to 10.99 RCW, an anti-harassment order issued pursuant to 10.14 RCW, an order of protection under issued pursuant to 26.50 RCW or a restraining order or order of protection issued pursuant to 26.09 RCW, 26.10 RCW, 26.26 RCW, RCW 26.52.020, or any other court order entered for the protection of the child, the child's full name and other identifiers shall be included on petitions and orders as necessary for entry of the order into the judicial Information System (JIS) and/or the Washington Crime Information Center (WACIC). (7) Conditions of release: If access to a child is restricted pursuant to CrR 3.2(d)(1), the court may include the full name of the child on the order if deemed necessary for effective enforcement of the order. (8) Orders restraining child from contacting or harassing others: Whenever a child is named as a respondent in an order listed in (3) or (6) above, the child's full name and other personal identifiers shall be included on the petition and order as necessary for entry of the order in the Judicial Information System (JIS) and/or the Washington Crime Information Center (WACIC). (9) Petitions and notices filed pursuant to Chapter 11.28, RCW (children as heirs to estate): The full names and ages of children and other information required by RCW 11.28.110 and RCW 11.28.330 shall be included, however the date of birth may be included only as authorized by GR 22. (10) General authority: Nothing in this rule shall prohibit a court from authorizing the use of a child's full name or date of birth when necessary for the orderly administration of justice, consistent with the requirements of GR 22.

RULE 40(b) TRIAL SETTINGS AND CONTINUANCES (1) Counsel shall note cases for trial on forms substantially like that found in Exhibit B annexed hereto. (2) All contested motions for continuance shall be in writing to the court, giving detailed reasons for the request. The court may grant or deny the continuance, and if granted, may impose terms.

[Adopted effective June 30, 1993]

RULE 40(f) AFFIDAVITS OF PREJUDICE

(1) A party or counsel filing a motion and affidavit of prejudice shall comply with RCW 4.12.050. (2) A party or counsel filing a motion and affidavit of prejudice shall provide a copy to the Court Administrator.

[Adopted effective June 30, 1993.]

RULE 40.1 NOTICE TO COURT OF CALENDAR AND JURY TRIAL CHANGES Whenever a case has been set for trial and thereafter is settled or will not be tried for any reason, or if a jury is thereafter waived, notice shall be immediately given to the Court Administrator. Upon violation of this rule, the court may assess actual costs. Actual costs shall include venireperson mileage and per diem, bailiff wages, and witness fees paid by the court.

[Adopted effective June 30, 1993.]

RULE 51(c) JURY INSTRUCTIONS

(a) Assembling and Distribution. Proposed jury instructions shall be assembled and distributed as follows: (1) Original to trial Judge to be unnumbered without citations. (2) One copy numbered and with supporting citations to each of the following: Clerk, for court file Judge, for work copy Counsel for each opposing party (b) Citations. Washington Pattern Jury Instructions are to be cited. On the copy of Proposed Jury Instructions delivered to the trial court, the Clerk, and opposing counsel, those Washington Pattern Jury Instructions proposed shall be so identified by WPI number. If the WPI is changed or modified in any way (except for the selection of alternate WPI wording), the citation shall include the word "modified".

[Adopted effective June 30, 1993.]

RULE 54. JUDGMENTS AND COSTS

(f) Presentation (3) Presentation by Mail. Counsel may present agreed orders and ex parte orders, based upon the record in the file, by use of the United States mail addressed either to the Court or to the Clerk. When signed, the Judge/Commissioner will file such order with the Clerk. when rejected, the Judge/Commissioner may return the papers by United States mail to the counsel sending them, without prejudice to presentation by counsel in person. An addressed stamped envelope shall be provided for return of any conformed materials and/or rejected orders. The clerk may charge an ex parte fee. (4) Presentation by Legal Assistant. Legal Assistants who are duly registered with the Clallam County Bar Association or any local bar association of this state may personally present agreed, ex parte and uncontested orders based solely upon the documents presented and the record in the file.

[Adopted effective September 1, 2002.]

RULE 59(e) MOTION FOR RECONSIDERATION OR NEW TRIAL

(1) A motion for reconsideration and any supporting documents shall be filed and served (with a copy delivered to the trial Judge at the time of filing) within ten (10) days of the entry of the order, judgment, oral opinion, memorandum opinion, or other action of the court that is sought to be reconsidered. (2) A motion for reconsideration or for new trial shall be submitted on briefs and affidavits only, without oral argument, unless the trial Judge orders otherwise. (3) The court shall review the motion and either deny the motion or request counsel for the non-moving party to respond to the motion within ten (10) days of the notice to respond. Thereafter, the court may request further information or oral argument, or may decide the motion following the ten (10) day period for response. The court's decision may be in the form of a final order, in which case it shall be expressly entitled as such.

[Adopted effective June 30, 1993.]

RULE 77(K) HEARING OF MOTION CALENDAR

(1) Motion calendar shall be held on Friday. (2) Department I, motions for non-domestic civil matters shall be noted for 9:00 a.m. All Department I trial settings shall be noted for 8:45 a.m., unless otherwise arranged with the Court Administrator. (3) Department II, motions for non-domestic civil matters shall be noted for 1:30 p.m. All Department II trial settings shall be noted for 8:45 a.m., unless otherwise arranged with the Court Administrator. (4) Department III, motions for domestic matters concerning dissolutions, modifications of dissolutions and custody cases shall be noted for 9:00 a.m. before the Court Commissioner. Prosecutor's child support review matters shall be noted for 1:30 p.m. before the Court Commissioner. Adoption hearing shall be noted for 8:45 a.m. before the Court Commissioner. All Domestic Violence and Anti-Harassment Protection Order hearings shall be noted for 1:15 p.m. (5) All motions shall be noted for the civil motion calendar as provided in CR40(a)(2). When any matter which has been noted as provided in CR40 is resolved by settlement or continuance, the Court Administrator shall be immediately notified so the court may be relieved from responsibility of reviewing the file. All matters noted for the calendar shall be confirmed with the Superior Court Clerk by noon of the second day before the motion is to be heard. If the matter is not confirmed, it shall be at the discretion of the court whether or not the motion is heard on the date noted. (6) All briefs, memoranda, or affidavits on a motion (other than a motion for summary judgment) including all responsive pleadings, shall be served and filed with the clerk no later than 4:30 p.m. on the second court day preceding the date set for the hearing, i.e., for a Friday no hearing, no later than 4:30 p.m., Wednesday. (7) With regard to rebuttal affidavits, the court shall consider such affidavits, provided they are filed not later than 1:00 p.m. on the day preceding the hearing (usually 1:00 p.m. on Thursday), and further provided bench copies of such rebuttal affidavits are delivered to the Court Administrator at the time the originals thereof are filed.

[Adopted effective June 30, 1993; Amended effective January 1, 1996; July 1, 2009; July 1, 2016.]

RULE 78. PROCEDURE FOR EMANCIPATION PETITIONS

Emancipation petitions filed on or after January 3, 1994 shall not be considered by the court until such time as a supplement (Exhibit G attached to these rules) is filed for the court’s consideration. After an emancipation petition is filed, the petitioner shall cause to be served upon his or her parent(s)/guardian(s) a copy of the petition and a blank copy of the response to the petition for emancipation (Exhibit H attached to these rules). Thereafter the petitioner shall file a declaration or affidavit of service with the court. Emancipation petitions shall be heard contemporaneous with the juvenile dependency calendar by the Judge or Commissioner presiding on the date the hearing is scheduled.

[Adopted effective March 16, 1994.]

RULE 81 APPLICABILITY IN GENERAL

(a) Procedure in this court shall be in accordance with pertinent Washington Court Rules as heretofore or hereafter adopted by the Supreme Court of Washington. These Local Rules are only to supplement those rules and are numbered, insofar as possible, to conform in numbering with them. (b) The court may modify or suspend any of these Rules, in any given case, upon good cause.

[Adopted effective June 30, 1993.]

LCR 94(a) Family Court Hearings & Motions 1. Time For Hearings: Unless adjusted by the court, hearings will be scheduled as followed: a. All ex parte motions will be heard each day at 1:00 p.m. with notice to the clerk by 11:00 a.m. b. Hearings requested under RCW 26 will be held on Friday at 9:00 a.m. unless otherwise specifically listed below. c. Hearings requested under RCW 26.33 will be held on Friday at 8:45 a.m. d. Hearings requested under RCW 7.90; 7.92, 7.94, 10.14; 26.50; or 74.34 will be held on Friday at 1:15 p.m. e. Child support contempt and review hearings brought by the State will be held on Friday at 2:30 p.m. f. In cases where separate actions for custody determinations and restraining orders are sought, the hearings will be held on Friday at 9:00 a.m.

2. Pleadings a. All documents relied upon by the moving party shall be filed and served no later than 12:00 p.m. on the ninth day before the hearing (typically Wednesday). b. All documents to be relied upon by the responding party shall be filed and served no later than 12:00 p.m. on the second day before the hearing (typically Wednesday). c. If a response is filed under 2(b), the moving party under 2(a) may then supplement its original pleadings. The supplement will be in strict reply to the response received and shall be filed and served by 12:00 p.m. on the day before the hearing (typically Thursday). 3. Copies a. Any pleading filed with the court within five business days of the scheduled hearing must include an additional copy for the judicial officer. b. Pleadings will be formatted as set forth in GR 14, and 12 point font shall be utilized for printed documents. 4. Page Limits a. The page limits described in this section (4) do not apply to actions filed under 1(c) and 1(d) of this rule. They do apply to all other RCW 26 motions. b. A party's declarations, including any responses, shall not exceed a total of thirty pages. The court may impose sanctions for exceeding the limits. c. The following rules apply to this thirty page limit. i. All declarations will be double spaced, using at least twelve point font. ii. A declaration which does not fill an entire page will be counted as one page toward the limit. iii. Single spaced declarations and declarations with font smaller than 12 point will be counted as two pages for every page filed. iv. Printouts of electronic media exchanges will count toward the thirty page limit. v. The following documents will not count toward the thirty page limit: 1. Non-narrative exhibits attached to declarations (i.e. bank statements, pay stubs, tax returns, treatment reports, property valuations, photographs, etc.). 2. Financial declarations and child support worksheets. 3. Proposed orders. 4. Declarations or reports from guardian-ad-litem or other experts acting in their official capacity (i.e. medical doctor, accountant, counselor, appraiser, etc.). 5. Depositions. 6. Documents filed for a prior motion. These documents shall not be refiled for a current motion, but can be incorporated by reference. 7. GR 17 affidavits of certification. d. If a series of electronic exchanges are provided to the court (i.e. texts, emails, etc.), the following rules apply: i. Each entry in the series must clearly identify the speaker. This identification may be written in by hand next to the entry. ii. Each entry in the series must be sequentially numbered with #1 being the oldest entry. This numbering may be written in by hand next to the entry. iii. The printed version of the exchanges must be in 12 point font. iv. Narrative declarations should reference a specifically numbered entry if many entries are provided to the court. 5. Children's Statements: Statements from minors are disfavored. 6. Financial Requests: If a party is seeking child support, spousal maintenance, expert fees, or attorney fees, a financial declaration must be filed with the request. 7. Oral Arguments: Motions are determined by review of the declarations or affidavits filed prior to the hearing. The court, in its discretion, may take oral testimony. The court may impose time limits on oral arguments.

RULE 94(b). DOMESTIC RELATIONS FINAL HEARING ON CONTESTED MATTERS

In all final hearings or trials in domestic relations matters, each party filing a written pretrial affidavit and personal property form shall file and serve the same by 1:30 p.m. of the judicial day prior to trial. The pretrial affidavit shall be substantially in the form set forth in Exhibit C attached to these rules.

[Adopted effective June 30, 1993.]

RULE 94(c) DOMESTIC RELATIONS WAIVER OF AGE TO MARRY

Applications for waiver of minimum age to marry shall be made to the Superior Court. Before court hearing, applicants must give evidence of completion of a program of pre-marital counseling, together with such counselor's recommendation.

[Adopted effective June 30, 1993.]

RULE 94(d) DOMESTIC RELATIONS NOTICE TO SUPERIOR COURT OF JUVENILE PROCEEDINGS

All parties and their attorneys to a proceeding involving custody or adoption in the Superior Court are obligated to disclose to the Superior Court the pendency of any Juvenile Court proceedings of which they are aware regarding those minor children.

[Adopted effective June 30, 1993.]

RULE 94(e). ENTRY OF DISSOLUTION DECREE BY DECLARATION OF JURISDICTIONAL FACTS

The Court will enter an agreed or default decree of dissolution of marriage without a final hearing or oral testimony when at least one of the parties is represented by an attorney, the petitioner completes a Request for Entry of Decree and Declaration of Jurisdictional Facts in the form set forth in Exhibit F and: (1) the respondent or respondent’s attorney approves all of the final papers including the Request for Entry of Decree and Declaration of Jurisdictional Facts, or (2) the respondent is in default, and the decree provides for only that relief requested in the petition, (3) the respondent or co-petitioner joined in the petition and is unavailable to sign the final papers, and the decree provides for only that relief requested in the petition.

[Adopted effective September 1, 2002.]

LCR 94(f) DOMESTIC RELATIONS SETTLEMENT CONFERENCES

(1) A settlement conference shall be held in all contested domestic relations cases, including dissolution, legal separation, paternity, 3rd party custody, domestic partnership, marriage-like relationships, or modification of any custody order. The settlement conference shall be held with a Court Commissioner or Judge. (2) Domestic relations cases shall not be set for trial under LCR 40(b) without a settlement conference, except in the following circumstances; a. The requirement is waived, upon good cause shown, by a Judge or Court Commissioner; or b. A settlement is not reached in an initial settlement conference because of a party's violation of one or more provisions of LCR 94(f). In such instances, a trial date may be set, but a second settlement conference will be scheduled to occur prior to the established trial date. (3) Once a response to the petition has been filed, a settlement conference is scheduled by noting the matter before the Court Administrator on the Friday 8:45 a.m. trial setting calendar. (4) The personal appearance of the parties and their attorneys is mandatory at the settlement conference. In cases where domestic violence is at issue, or where a party no longer resides within the State of Washington, appearance may be by phone. In all other instances, or unless otherwise agreed by the parties, appearing by phone is not considered a personal appearance. If the parties do not agree, the requesting party may seek an exception to this rule by filing a motion, prior to the scheduled settlement conference, to waive the appearance requirement. Such motions will be filed pursuant to the terms of LCR 94(a). The Court shall impose a sanction in the amount of $250 against a party who violates this provision. (5) If parties agree to reset a settlement conference, they will inform the Court Administrator of that agreement as soon as possible, but in no case later than the business day prior to the scheduled conference. (6) Parties will prepare for and participate in good faith in scheduled settlement conferences. One week prior to the scheduled settlement conference, each party shall file a Settlement Statement in form substantially similar to the pattern form set forth in Exhibit A. The Settlement Statement is intended to provide the narrative and documentary information necessary to inform the court and the opposing party of the submitting party's position on the major issues to be resolved. The Settlement Statement will not be filed in the Court file, but the original will be provided to the judicial officer conducting the settlement conference, with a copy provided to the opposing party or his/her attorney. (7) If both parties fail to provide the Settlement Statement one week prior to the scheduled settlement conference, the Court shall issue an order which: a. Strikes the settlement conference; and b. Directs the parties to appear before the Court Administrator to select a new settlement conference date. (8) If only one party fails to file the Settlement Statement one week prior to the scheduled settlement conference, the Court shall issue an order which imposes a sanction on the offending party in the amount of $500, to be reduced to $250 if the Settlement Statement is filed before the scheduled settlement conference. If, at the beginning of the settlement conference, the party that complied with the original deadline requests a continuance of the settlement conference, the conference will be reset to a new date. (9) If the Court finds that a Settlement Statement is materially deficient, or that a party's lack of preparation prohibits a meaningful settlement conference, the Court may impose additional sanctions or other remedies as the Court deems appropriate. (10) If the provisions of LCR 94(f) have been followed and a case fails to settle at the settlement conference, the parties will immediately appear before the Court Administrator following the settlement conference to select a trial date. Unless otherwise agreed, the trial will not be scheduled to occur sooner than forty-five days, nor later than 120 days, following the unsuccessful settlement conference. Trials for the types of cases identified in LCR 94(f)(1) may be set to commence on either Monday or Tuesday.

[Adopted effective September 1, 2009; revised July 1, 2009.]

RULE (95) MANDATORY PARENTING SEMINARS

(A) Definition of Applicable Cases. This rule applies to all cases filed under Ch. 26.09 or Ch. 26.26 of the RCW filed after January 1, 1996, including dissolutions, legal separations, major modifications and paternity actions (in which paternity has been established) where the parties are parents of children under the age of 18, and where a parenting plan or residential plan is required which involves more than purely financial issues. (B) Parenting Seminars; Mandatory Attendance. In all cases referred to in Section (A) above, and in those additional cases arising under Title 26 RCW where a court makes a discretionary finding that a parenting seminar would be in the best interest of the children, both parents, and such nonparent parties as the court may direct, shall participate in, and successfully complete, an approved parenting seminar. Standards for an approved parenting seminar shall be established by Administrative Order of this court. Successful completion shall be evidenced by a certificate of attendance filed by the provider agency with the court. (C) Special Considerations/Waiver. (1) In no case shall opposing parties be required to attend a seminar together. (2) 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 a seminar is not in the children's best interest, the court shall either: (a) waive the requirement of completion of the seminar; or (b) provide an alternative voluntary parenting seminar for battered spouses. (3) The Court may waive the seminar requirement for one or both parents in any case for good cause shown. (D) Failure to Comply. Nonparticipation, or default, (D) Failure to Comply. Nonparticipation, or default, by one parent does not excuse participation by the other parent. Respondent's refusal, delay or default will not delay the progress of the case to a final decree; however, Respondent will not be allowed to seek affirmative relief in this or subsequent proceedings, except certain Temporary Orders, on parenting issues until the seminar has been successfully completed. Petitioner's refusal or delay will prevent the case from being tried or any final order affecting the parenting/residential plan being entered in Petitioner's favor. Willful refusal or delay by either parent may constitute contempt of court and result in sanctions imposed by the court or may result in the imposition of monetary terms, default and/or striking of pleadings. (E) Petitioners in all applicable cases as defined in subsection (A) above shall serve a notice as provided by the Clerk's Office upon Respondents notifying them of the requirements of this court rule. The notice shall be served with the initial pleadings.

[Adopted effective January 1, 1996.]

ADMINISTRATIVE ORDER OF JANUARY 1, 1996 ESTABLISHING STANDARDS FOR PARENTING SEMINARS AS REQUIRED BY LCR 95

The Clallam County Superior Court hereby adopts the following standards for parenting seminars: (a) Mandatory Requirement. Where required by local court rule or by court order, parties shall participate in, and successfully complete, an approved parenting seminar within 60 days after service of a petition or initiating motion on the respondent. (b) Approved Parenting Seminar. An approved parenting seminar is one that complies with the seminar content and instructor qualifications standards set forth in paragraphs (d) and (e) of this Order and has received Court approval. (c) Fees. Each parent attending a seminar shall pay a fee charged by the approved provider agency. A sliding fee scale shall be available. The seminars shall be conducted at no cost to the County. (d) Seminar Content. The seminar content will be approved by the Court, and shall include, at a minimum: (1) the developmental stages of childhood; (2) stress indicators in children; (3) age appropriate expectations of children; (4) the impact of divorce on children; (5) the grief process; (6) reducing stress for children through an amicable divorce; (7) the long term impact of parental conflict on children; (8) visitation recommendations to enhance the child’s relationship with both parents; (9) financial obligations of child rearing; (10) conflict management and dispute resolution; (11) communication skills for divorced parents; (12) practical skills for working together; and (13) the impact on children when stepparents and blended families enter their lives. (e) Qualifications of Instructors. Parenting seminars will be conducted by a team of two instructors, including one male and one female. In certain circumstances, where two instructors are unavailable, then one instructor may conduct the seminar. Instructors shall have the following minimum credentials and experience. (1) a bachelor’s degree in social work, psychology or other related behavioral science; (2) supervised experience in treatment of emotionally disturbed children, adolescents and their families; (3) experience in providing a wide range of mental health services to children and families, with specific experience in the areas of separation/divorce, loss and grief, and blended families. (4) extensive knowledge of child development, age appropriate expectations for children, and positive parenting; (5) experience in group treatment and/or facilitating classes and seminars; (6) an ability to work with other agencies as part of a collaborative program; and (7) strong oral communication skills. When parties choose to use agencies or religious organizations which are not already approved by the Court, the Court may modify or waive the foregoing qualifications for the instructors upon a showing of other indicia of competence and experience. (f) Length. The seminars shall, at a minimum, be three hours in length. (g) Referrals for Other Services. During the seminar, referral resources will be made available to the parents, and their children, including individual and family counseling drug/alcohol counseling, anger management counseling, parenting classes, mediation, etc. These services are optional, and the parties must seek their own funding resources.

DATED this 29th day of December, 1995.

LGALR 7 Guardian Ad Litem Grievance Procedures I. Preamble: This rule is adopted pursuant to GALR 7(g) and sets forth the policies and procedures for investigating and adjudicating grievances made against guardians ad litem under Titles 11, 13 and 26 RCW. Nothing in this rule is meant to limit a party from litigating, within the underlying case, the merits of a guardian ad litem's conclusions. II. Procedure: Only a party may file a grievance. a. Court Appointed Special Advocate (CASA): i. All grievances involving CASA volunteers shall be handled as set forth by the CASA program as long as that program continues to be accredited. The CASA program, in conjunction with Clallam County Juvenile Services, will clearly set forth its grievance procedure. ii. If the party filing the grievance is not satisfied with the CASA determination, Superior Court ii. If the party filing the grievance is not satisfied with the CASA determination, Superior Court review may be sought by filing, under seal, a copy of all documents provided to CASA regarding the grievance, and a copy of CASA's determination. A copy of the filing will be provided to the Superior Court Administrator. The judicial officer assigned to the case will resolve the grievance by utilizing the process set forth in II(c) and II(d) of this rule. b. Non CASA Cases: Grievances shall be filed, under seal and with a copy to the Superior Court Administrator, and will include the following information: i. The cause number of the underlying action; ii. The name, address and phone number of the party filing the grievance; iii. The name of the guardian; iv. A statement which is signed under penalty of perjury and includes the following information: 1. The specific court rule, statue, policy, or code of conduct that was violated (including but not limited to any violations of GALR 2); 2. The date, time, and place of each alleged violation; 3. For each violation, a narrative description of the facts which support the violation; 4. Whether the violation was discussed with the guardian, and what was the result of that discussion; 5. The names and contact information of other individuals who observed the violation; 6. What specific remedy is requested; c. Pending Cases: Upon the filing a grievance for a case that is pending, the judicial officer handling the underlying case will be assigned to resolve the grievance. i. Upon receipt of the grievance, within seven days the court administrator will forward a copy of the grievance to the guardian and seek the guardian's written response. That response is due within seven days of receipt. The written response will address each violation, and will be provided under penalty of perjury. The judicial officer will then rule on the grievance within twenty five days of the grievance being filed. ii. If the decision is that the grievance had merit, the court may impose dispositional remedies as set forth in II(e). d. Concluded Cases: If a grievance is filed in a concluded case, the procedure for pending cases will be followed, but fifteen additional days shall be added to each deadline indicated in II(c). The judicial officer will rule within sixty days of the grievance being filed. e. Disposition: The judicial officer shall have authority to take no action, to issue a written admonition or reprimand, refer the guardian ad litem to additional training, suspend, or remove the guardian from the registry, or impose other results as deemed appropriate. f. Time: Any grievance must be filed within one year from the date of the alleged violation. g. Confidentiality: The grievance and materials filed in relation to the grievance will be placed within the sealed portion of the file. The court will maintain a copy as provided in GALR 7(h). Requests to access sealed records will be addressed by motion filed with the court.

RULE 0.6 REAPPLICATION FOR ORDER

(a) When an order has been applied for and refused in whole or in part or has been granted conditionally and the condition has not been performed, the same application for an order must not be presented to another Judge, without disclosure of the prior refusal. (b) If a subsequent application is made upon an alleged different state of facts, it must be shown by affidavit what application was made, when and to what Judge, what order or decision was made thereon, and what new facts are claimed to be shown. (c) Any order entered in violation of this rule may be set aside upon motion.

[Adopted effective June 30, 1993.]

RULE 0.7 COUNSEL FEES

Appointed counsel moving for the fixing or payment of fees, and counsel moving the court to fix fees in any other case, shall itemize time, services rendered, and other detailed basis for the fees requested in affidavit form. The affidavit submitted by appointed counsel shall be in the form of Exhibit A-1. The affidavit submitted by counsel who are not appointed by the court shall be substantially in the form of Exhibit A-2.

[Adopted effective June 30, 1993.]

RULE 1. JUSTIFICATION OF SURETIES

(1) Any person or corporation desiring to post bail bonds in Clallam County Superior Court shall first obtain an Order of Justification. (2) All Petitions for an Order of justification shall be in writing to the Court and shall provide the following information: (A) All Sureties 1. Types of bonds 0 an outline of the types of bonds posted by the surety. 2. Current suretyship obligations – a current list of all suretyship obligations to all courts within the geographical limits of Washington State, including the following: a. The name of the court. b. The name of the defendant. c. The amount of the bond. d. The date issued. 3. Current bond foreclosures – a list of the current obligations to the courts in the way of bond forfeitures or other obligations incurred by the surety which have not been paid, or a statement that there are none. 4. Presentation – identity of the names and addresses of all persons who will be delivering or presenting bonds on behalf of the bonding surety. 5. Jurisdictions where surety has previously been authorized to post bail bonds and jurisdictions denying such authorization. (B) Corporations. 1. Power of Attorney. a. Names of the agents authorized to execute bonds on behalf of the surety. b. The maximum dollar amount of any single bond which each agent is authorized to execute. 2. A copy of the current Certificate of Authority issued by the Insurance Commissioner for the state of Washington. 3. Resident corporate agent. a. The name of the resident agent(s) for the corporate surety in the state of Washington authorized to appear and accept service on behalf of the corporate surety. b. A copy of the power of attorney appointing said person(s) as resident agent(s). (C) Individuals. 1. The individual name(s) of applicant(s). 2. All fictitious names used by the applicant(s). 3. Resident address of individual applicant(s). 4. Business address of all individual applicant(s). 5. Marital status of applicant(s) and, if applicable, names(s) of spouse(s). 6. Verified financial statement: A. Assets i. Real property: a. Legal description of property b. Current appraisal of property by a qualified real estate appraiser who is a member of the American Institute of Appraisers, or a statement of the appraiser that there has been no change in the value of the property since the last appraisal of the property. c. If the real estate is being purchased on contract or subject to mortgage, deed of trust, or other encumbrance, disclose: 1. How the property is being obtained. 2. Amount of purchase price. 3. Amount of unpaid balance. 4. Notarized confirmation, etc. d. Property tax statements and verification that real property taxes have been paid in full. e. Verification that real property and structures thereon are insured against loss or damage. ii. Personal Property. a. Statement that the personal property is properly insured against loss, including a statement indicating the insurance coverage limits. iii. Savings (bank deposits) iv. Stocks and bonds a. Lists of individual stocks and bonds. b. Statement of current value of stocks and bonds v. Cash (including checking accounts) vi. Other investments. B. Liabilities, including unsatisfied judgments. If unsatisfied judgment(s) is included, list court, title of cause, cause number, judgment creditor, and amount of unsatisfied judgment. C. Net worth. 7. Current Property Bond Obligations in the State of Washington. a. Name of Court b. Name of defendant. c. Amount of the bond. d. Date of issuance of bond. 8. Driver’s License. a. Driver’s license number. b. State of Issuance. 9. Criminal History – provide any criminal history conviction information for all persons identified in paragraph (C)1 and (C)5. a. Name of criminal offense convicted of committing. b. Type of criminal offense, (misdemeanor, gross misdemeanor, felony; exclude trafficinfractions); c. Name of Sentencing Court d. Date of offense. e. Date of sentencing. (3) All petitions for an Order of Justification shall be verified under oath or certified under penalty of perjury as authorized by RCW 9A.72.085. (4) All initial Orders of Justification shall be effective until the 30th day of April, next following the entry of the Order of Justification. (5) All Orders of Justification, other than the initial Order for that surety, shall be effective from May 1 of one year until April 30 of the following year. (6) All Petitions for an Order of Justification shall be accompanied by a proposed Order of Justification in substantially the from set out in Exhibit D of these rules.

[Adopted effective June 30, 1993.]

RULE 1.1 APPLICABILITY IN GENERAL

(a) Procedure in this court shall be in accordance with pertinent Washington Court Rules as heretofore or hereafter adopted by the Supreme Court of Washington. These Local Rules are only to supplement those rules and are numbered, insofar as possible, to conform in numbering with them. (b) The court may modify or suspend any of these Rules, in any given case, upon good cause.

[Adopted effective June 30, 1993.]

RULE 1.2 COURT COMMISIONER AUTHORITY

In adult criminal cases, any Court Commissioner appointed to serve in the Clallam County Superior Court and qualified under Article 4, Section 23 of the Constitution of the State of Washington shall have the power, authority and jurisdiction, concurrent with the Superior Court Judges, to preside over arraignments, preliminary appearances, initial extradition hearings, and noncompliance proceedings pursuant to RCW 9.94A.200; to accept pleas; to appoint counsel; to make determinations of probable cause; to set, amend, and review conditions of pretrial release; to set bail; to set trial and hearing dates; to authorize continuances and to accept waivers of the right to speedy trial.

[Adopted effective June 8, 2000.]

RULE 4.5(c) STATUS HEARINGS

(1) A hearing shall be set at arraignment in every criminal case for approximately one month before trial at which time the status of the trial preparation will be disclosed to the court. (2) The defendant must personally appear at the status hearing, unless otherwise ordered. (3) A Status Report and Order will be filed at the conclusion of the status hearing and shall be in the form of Exhibit E.

[Adopted effective June 30, 1993.]

RULE 6.1 NOTICE TO COURT OF CALENDAR AND JURY TRIAL CHANGES

Whenever a case has been set for trial and thereafter is settled or will not be tried for any reason, or if a jury is thereafter waived, notice shall be immediately given to the Court Administrator. Upon violation of this rule, the court may assess actual costs. Actual costs shall include venireperson mileage and per diem, bailiff wages, and witness fees paid by the court.

[Adopted effective June 30, 1993.]

RULE 6.11(c) AFFIDAVITS OF PREJUDICE

(1) A party or counsel filing a motion and affidavit or prejudice shall comply with RCW 4.12.050. (2) A party or counsel filing a motion and affidavit of prejudice shall provide a copy to the Court Administrator.

[Adopted effective June 30, 1993.]

RULE 6.15 JURY INSTRUCTIONS

(a) Assembling and Distribution. Proposed jury instructions shall be assembled and distributed as follows: (1) Original to trial Judge to be unnumbered without citations. (2) One copy numbered and with supporting citations to each of the following: Clerk, for court file Judge, for work copy Counsel for each opposing party (b) Citations. Washington Pattern Jury Instructions are to be cited. One the copy of Proposed Jury Instructions delivered to the trial court, the Clerk, and opposing counsel, those Washington Pattern Jury Instructions proposed shall be so identified by WPI number. If the WPI is changed or modified in any way (except for the selection of alternate WPI wording), the citation shall include the word “modified”.

[Adopted effective June 30, 1993.]

NOTE NOTE FOR ARBITRATION The contents of this item are only available on-line.

NOTICE NOTICE FOR TRIAL SETTING The contents of this item are only available on-line.

EXHIBIT A-1 AFFIDAVIT REGARDING ATTORNEY FEES The contents of this item are only available on-line. EXHIBIT A-2 AFFIDAVIT REGARDING ATTORNEY FEES The contents of this item are only available on-line.

EXHIBIT B NOTICE FOR TRIAL SETTING The contents of this item are only available on-line.

EXHIBIT C PRETRIAL AFFIDAVIT The contents of this item are only available on-line.

EXHIBIT D ORDER OF JUSTIFICATION The contents of this item are only available on-line.

EXHIBIT E STATUS REPORT AND ORDER The contents of this item are only available on-line.

EXHIBIT F EXHIBIT F TO LCR 94(E) ENTRY OF DISSOLUTION DECREE BY DECLARATION OF JURISDICTIONAL FACTS The contents of this item are only available on-line.

EXHIBIT G SUPPLEMENT TO EMANCIPATION PETITION The contents of this item are only available on-line.

EXHIBIT H RESPONSE TO PETITION FOR EMANCIPATION The contents of this item are only available on-line.

LCR 94(F)-A EXHIBIT A - SETTLEMENT CONFERENCE STATEMENT The contents of this item are only available on-line.

Local Rules of the Superior Court for Cowlitz County Table of Rules

Part I. Rules of General Application GENERAL RULES (CCLGR) 17 Electronic Transmission 22 Access to Family Law Court Records

Part IV. RULES FOR SUPERIOR COURT Administrative Rules (CCLAR) 1 Departments of Superior Court 8 Court Organization and Management 9 Court Record - Deleted 10 Email Communication 11 Interpreters 12 Ex Parte Docket

Civil Rules (CCLCR) II. Commencement of Action; Service of Process, Pleadings, Motions And Orders (Rules 3-6) 4.2 Pleas - DELETED 5 Service and Filing of Pleadings and Other Papers - Rescinded III. Pleadings and Motions (Rules 7-16) 7 Pleadings Allowed; Form of Motions - DELETED 9 Pleading Special Matters - Rescinded 10 Form of Pleadings and Other Papers 11 Signing and Drafting of Pleadings, Motions, and Legal Memoranda; Sanctions 15 Amended and Supplemental Pleadings - Rescinded 16 Pre-Trial Procedure and Formulating Issues

VI. Trials (Rules 38-53.2) 38 Voir Dire - Rescinded 40 Assignment of Cases 43 Taking of Testimony - Rescinded 45 Subpoena 47 Jurors - DELETED 51 Instructions to Jury and Deliberation - Rescinded

VII. Judgment (Rules 54-63) 56 Summary Judgment 59 New Trial, Reconsideration and Amendment of Judgment 65 Injunctions - Rescinded

X. Superior Courts and Clerks (Rules 77-80) 77 Superior Court and Judicial Officers

XI. General Provisions (Rules 81-86) 81 Applicability in General - Rescinded 83 Local Rules of Superior Court

XII. Family Law (Rules 87-95)

87 Statement of Parties Positions - Rescinded 88 Contested Hearings 89 Vital Statistics or Other Forms - Rescinded 90 Referrals to Family Court - Rescinded Effective September 1, 2014 91 Mandatory Settlement Conferences in Domestic Relations Actions 92 Finalizing Family Law Cases 93 Parenting Seminars - Rescinded Effective September 1, 2014 94 Change of Name of Stepchild - Rescinded 95 Waiver of Age to Marry 96 Child Support Modification Hearings - Rescinded 97 Financial Provisions - DELETED 98 Guardian Ad Litems

Criminal Rules (CCLCrR) 3.1 Right to and Assignment of Lawyer 4.2 Pleas 4.7 Discovery - Rescinded 4.11 Miscellaneous 7.3 Judgment - Rescinded 64 Voir Dire - Rescinded

Mandatory Guardian Ad Litem Rules (CCLGALR) Title III. Dependency Proceedings 3 Establishment of CASA Local Rules 7 Guardian Ad Litem Disciplinary Procedure for CASA Volunteers 8 Guardian Ad Litem Disciplinary Procedures

Mandatory Arbitration Rules (LMAR) 1.1 Application of Rules - Purpose and Definitions 1.2 Matters Subject to Arbitration 2.1 Transfer to Arbitration 2.3 Assignment to Arbitrator 3.1 Qualifications 3.2 Authority of Arbitrators 4.2 Discovery 5.1 Notice of Hearing-Time and Place-Continuance 5.2 Prehearing Statement of Proof-Documents Filed With Court 6.1 Form and Content of Award 6.2 Filing of Award 6.3 Judgment on Award 7.1 Request for Trial De Novo 8.1 Stipulations-Effect on Relief Granted 8.4 Title and Citation 8.5 Compensation of Arbitrator 8.6 Administration

Part IV. Rules of Appeal of Decisions of Courts of Limited Jurisdiction (CCLRALJ) 2.4 How to Initiate an Appeal 2.6 Content of Notice of Appeal

Special Proceedings Rules (SPR) 93.05 Adoption Hearings

Juvenile Court Rules (CCJuLCR) 3.12 Timing of Filing Documents in Dependency Proceedings

GENERAL RULE 17 ELECTRONIC TRANSMISSION (a) Facsimile and Other Electronic Transmission Authorized; Exceptions. . . (7) Except as set forth in subsection (a) (5) of Washington State Court General Rule 17, the Clerks of the court may accept for filing documents containing original signatures that have been sent directly to another by facsimile (fax) transmission or by other electronic means, including, but not limited to, a scan or photograph of the document sent via electronic messaging or email. The attorney or party sending the original signature by other electronic means shall retain the original signed document and/or the proof of sending method (e.g. email) until 60 days after completion of the case. Nothing in this provision shall be construed to address digital/electronic signatures as defined in RCW 19.34.030 or Washington State Court General Rule 30. Nothing in this provision shall be construed to address the ability to file documentation with the court clerk's office by email or other electronic means unless specifically addressed in other rules. [Adopted effective September 1, 2018]

GENERAL RULE 22 ACCESS TO FAMILY LAW COURT RECORDS (d) Restricted Personal Identifiers Not Required - Except. (4) Should any party file an acknowledgement of paternity, declination of paternity or birth certificate, that document shall be placed in the sealed portion of the court file.

Amended effective September 1, 2015.

RULE 1. DEPARTMENTS OF SUPERIOR COURT

(a) Departments. The Superior Court of Cowlitz County shall be divided into as many departments as there are judges authorized by law. Said departments are presided over and by the following judges, and each said judge shall be designated and known as judge of said department until otherwise changed by amendment of this local rule. Department No. 1: Judge Gary B. Bashor Department No. 2: Judge Stephen M. Warning Department No. 3: Judge Michael H. Evans Department No. 4: Judge Marilyn K. Haan Department No. 5: Judge Anne M. Cruser

[Emergency amendment effective January 1, 2018.]

RULE 8. COURT ORGANIZATION AND MANAGEMENT

(a) Management. The judges of the Superior Court shall elect, by majority vote, a Presiding Judge who shall serve for a period of two years. The election will take place in December of even-numbered years. The presiding judge's term shall commence January 1. That judge shall have all powers enumerated in GR 29. At the same time, the judges shall elect an Acting Presiding Judge. The Acting Presiding Judge shall serve in the absence of the Presiding Judge or upon the request of the Presiding Judge in accordance with GR29.

[Amended effective September 1, 1993; September 1, 1995; September 1, 1997; September 1, 2000; September 1, 2002; September 1, 2005; September 1, 2006; September 1, 2012; September 1, 2015.]

RULE 9. COURT RECORD

[Deleted effective September 1, 2006]

RULE 10 EMAIL COMMUNICATION

a. Purpose: The purpose of this rule is to provide guidelines for the use of e-mail in communicating with the judges and/or court staff. This rule does not apply to other forms of communication and does not establish a preference for e-mail communication over any other form of communication. E-mail is another tool to provide information as may have been through a telephone call or delivery of documents but it is not intended to substitute as oral argument on any issue. b. Guidelines for use of email: The Court will accept electronic bench copies of pleadings prior to a hearing provided the following guidelines are followed. All parties or their counsel must be provided contemporaneous copies of the email. Attached documents to an e-mail must be in a PDF format. A party must advise the court and parties of any later updated or changed versions of a document previously sent via e-mail. No argument of the issues will be allowed within the e-mail. The purpose of the rule is solely to permit electronic transmission of copies of pleadings. c. Appropriateness: Email communication with court staff is appropriate in the following typical situations: i. To obtain a date for an in-court hearing; ii. To submit proposed orders and/or bench copies of pleadings or trial aides; iii. To determine the judge's availability; iv. To determine the availability of equipment needed for trial (such as a projector, video / compact disc player or speaker phone); v. To advise the court of a settlement (to be immediately followed by formal written notice pursuant to CR 41(e)); viii. Other matters of a similar nature that would be appropriate to handle by way of a phone call to court staff. d. Ex parte Communication Prohibited: The prohibitions regarding ex parte contact with the court are fully applicable to e-mail communication. To avoid ex parte contact, all parties must be included in the email and that they appear as additional recipients in the email. If all parties are not included, the judge will not review the email or its content. If an attorney or party is communicating substantive information to court staff, the email must also be sent to the all opposing attorneys /parties and so indicate on its face. Substantive information includes information regarding the likelihood of settlement, the timing of witnesses, anticipated problems with scheduling, concerns regarding security and other case-specific issues. e. Electronic Service of Working Copies and Pleadings: 1. Absent agreement of the opposing party or express permission of the court, e-mail may not be used for service of pleadings on opposing parties. 2. Bench or work copies of pleadings may be transmitted to the assigned judge in advance of any hearing, provided that all parties to the case are copied on the e-mail including any attachments. Any e-mail which fails to copy all parties will be deleted without review. 3. There shall be no editorial, comment or argument included in the emails; however, information as to the time, date and docket of the matter shall be permitted. 4. Submission by e-mail is an accommodation and in no case shall it be a requirement for any party to submit any document via e-mail, absent a specific order of the Court. Parties are still encouraged to provide a hard copy of any working papers for judges to Court Administration. f. Retention of Email: The Court is not obligated to retain any electronic communications

[Adopted effective September 1, 2012; amended effective September 1, 2013; September 1, 2015.]

RULE 11 INTERPRETERS

(a) A written request must be made to the Interpreter Coordinator at least two weeks in advance if an interpreter is needed for a Superior Court hearing or trial. Requests can be emailed to the Interpreter Coordinator at Court Administration. (See Local Administrative Court Rule 10 for ex-parte emailing rules and/or Superior Court's website at www.cowlitzsuperiorcourt.us for additional information.) More advanced notice should be given for specialized and/or high demand languages, longer hearings, or if multiple interpreters are needed. If these timelines are not followed, an interpreter may not be available for a hearing and may require the matter be continued to allow for the presence of an interpreter. (b) The request for an interpreter should include the following information: i. Date, time, estimated length and type of hearing. ii. Language or other type of interpreter needed (for specialized/indigenous languages please indicate the city and/or region where the Limited English Proficiency person is from). (c) Immediately notify the Interpreter Coordinator if a hearing is continued or set over. Failure to do so at least two days before the hearing may result in the party being charged for the cost of the interpreter if the interpreter cannot be cancelled without a fee. (d) A confirmation of the request for the interpreter will be sent to the requesting party by the Interpreter Coordinator within five days of receiving the request. If the requesting party has not received confirmation of the request for an interpreter, then the requesting party should immediately contact the Interpreter Coordinator to verify the request has been received and the necessary interpreter is available for the scheduled hearing.

[Adopted effective September 1, 2012; amended January 1, 2013, amended September 1, 2013; amended September 1, 2015.]

RULE 12 EXPARTE DOCKET

(1) Exparte matters, including exparte protection order hearings, can be heard on the exparte docket starting at 1:00 p.m. on Mondays, 1:30 p.m. on Tuesdays, 1:30 p.m. on Wednesdays, 2:00 p.m. on Thursdays and 1:30 p.m. on Fridays. The judicial officer will remain on the bench for no less than 15 minutes.

(2) If the exparte matter being presented requires notice to the opposing side and the opposing side appears at the exparte docket, the opposing side may be given time to file a responsive pleading. The responding party must provide a copy of any filed response to the judicial officer assigned to the exparte docket. (3) All other exparte matters not reviewed in accordance with the above stated process shall occur as follows: (a) Any exparte matter submitted to the Superior Court Clerk's Office by 10:00 a.m. will be reviewed by a judicial officer and processed in an effort to have the documents available by 3:00 p.m.; (b) Any exparte matters received after 10:00 a.m. may not be reviewed by a judicial officer until the next business day; (c) The Superior Court Clerk's Office may charge a $30 fee for processing exparte orders.

[Effective September 1, 2016; amended September 1, 2017; emergency amendment effective January 1, 2018.]

RULE 4.2 PLEAS

DELETED

[Deleted effective September 1, 2012

RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

Rescinded effective September 1, 2015

RULE 7 PLEADINGS ALLOWED; FORM OF MOTIONS

DELETED

[Deleted effective September 1, 2016]

RULE 9. PLEADING SPECIAL MATTERS

Rescinded effective September 1, 2015

RULE 10. FORM OF PLEADINGS AND OTHER PAPERS

(a) Caption. (4) Bench Copies of Pleadings. (i) All courtesy copies of a pleading provided to the court shall have the date and time of the pending hearing on the upper right-hand corner of the first page of the pleading. (ii) A courtesy PDF copy of a pleading may be emailed to a judge in accordance with CCLAR 10, but a hard copy should also be provided for the judge. (e) Bottom Notation. (3) All attorney and/or pro se party's signature lines shall also include their email addresses, if available. (f) Date of Documents. All documents presented to a judge for signature shall provide for a date on which the document is signed, immediately above the judge's signature. (g) Pleadings to be Dated. All pleadings, motions and other papers to be filed with the clerk shall be dated by the lawyer, party, or individual preparing the same. (h) The court may refuse to sign, and the clerk may refuse to file, any pleading not complying with this Rule and GR 14(a). (i) Sealed Pleadings. In all cases subject to GR 31, any request to seal a pleading or document shall be accompanied by the appropriate fee. The fee schedule is available from the County Clerk or online at www.co.cowlitz.wa.us/clerk. If payment is in the form of a check, it should be made to "Cowlitz County Clerk."

[Amended effective September 1, 1995; September 1, 2002; September 1, 2005; September 1, 2009; September 1, 2010; September 1, 2012; September 1, 2014; September 1, 2015. September 1, 2016.]

RULE 11. SIGNING AND DRAFTING OF PLEADINGS, MOTIONS, AND LEGAL MEMORANDA; SANCTIONS

(a) Address of Party Appearing Pro Se. A party appearing pro se shall state on all pleadings filed, a mailing address for that party, a street address where service of process and other papers may be made on that party, and a telephone number where that party can be contacted during the day unless that information is made confidential by statute. When a party appears pro se without filing a pleading or other paper, the clerk shall cause the party to insert in the file a paper, or other special indication, that the party has appeared without a lawyer and the party's mailing address, a street address where service of process or other papers may be made, a telephone number where the party can be contacted during the day and an email address (if available).

[Amended effective September 1, 2012]

RULE 15. AMENDED AND SUPPLEMENTAL PLEADINGS

Rescinded effective September 1, 2015

RULE 16 PRETRIAL PROCEDURE AND FORMULATING ISSUES (c) Whenever requested by a party, or at the discretion of the Court in the absence of such request and prior to obtaining a trial date, there shall be entered a Case Scheduling Order. The Case Scheduling Order form for Civil cases can be found at http://www.cowlitzsuperiorcourt.us/rules-and-forms/general-forms and for Family Law (Domestic Relations) cases at http://www.cowlitzsuperiorcourt.us/rules-and-forms/family-law-forms. If the parties cannot agree on compliance dates, they shall place the matter before the Court on the appropriate motion calendar (docket) for entry of those dates. (d) Except where otherwise specifically stated by court rule or court order, copies of any legal memorandum, final witness list, exhibit index, family financial status, and all other pleadings for trial shall be submitted to Court Administration no later than three (3) court days prior to the scheduled date of the trial readiness hearing.

[Amended effective: September 1, 2002; September 1, 2012; January 1, 2013; September 1, 2014; and Emergency Rule Change effective January 1, 2015; amended September 1, 2015; amended September 1, 2017]

CIVIL RULE 38. VOIR DIRE

Rescinded effective September 1, 2015

CIVIL RULE 40. ASSIGNMENT OF CASES (b) Methods. (i) Trial Assignments: The moving party shall serve and file a request for a Trial Setting/Certificate of Readiness substantially in the form set forth at the end of these civil rules. The parties shall appear on the appropriate trial assignment docket which corresponds with the type of case. Proof of service of the trial setting notice shall be filed with the clerk by the moving party prior to the time of trial setting. Assignment of other matters for hearings: RALJ appeals, motions for revision, summary judgment motions exceeding thirty minutes in length, motions with argument in excess of regular docket time limits and motions to be heard by a judge who does not have a normally scheduled docket shall also be assigned on the Trial Assignment Docket but are exempt from filing a Certificate of Readiness. Proof of proper service on all parties is required to be filed prior to appearing for assignment. (ii) Application of Rule: Solely for purposes of this rule, "trial" includes trials, support modifications/adjustments and settlement conferences. (iii) No cause appearing on the assignment docket will be set for trial unless there is a response filed, there is compliance with this rule and at least one of the parties or their attorney either personally appears or contacts the court on or before the commencement of the docket. (iv) Should any party believe the case is not yet ready for trial or that the Case Scheduling Order has not been completed, they shall file and serve an objection to the Certificate of Readiness and note the matter for hearing on the appropriate motion calendar. This will remove the matter from the trial assignment docket. (v) If one or more parties (or their attorney) to the case fail to appear for trial setting, after being given proper notice of the application by the movant, and without advising the court, in writing, of non-available trial dates, the trial date shall be assigned. The trial date set will not be reset absent approval by the Court. If no attorney or party appears for the trial assignment, the assignment request will be stricken. An attorney or party may have a trial set without personal appearance provided they furnish a letter to the file indicating their intention not to personally appear and suggesting time preferences, restrictions, estimated length or other relevant information. (vi) The initial request for trial setting shall be accompanied by a list of the names and addresses of all persons entitled to notice. All parties have the obligation to inform Court Administration promptly of any errors or changes in this list. (vii) Trial Setting/Certificate of Readiness and Trial Scheduling Order Format: The approved Certificate of Readiness and Trial Setting Notice or Request for Hearing for Civil cases can be found at the following link: http://www.cowlitzsuperiorcourt.us/rules-and-forms/general-forms. For Family Law (Domestic Relations) cases, these forms can be found at the following link: http://www.cowlitzsuperiorcourt.us/rules-and-forms/family-law-forms. (viii) Trial Scheduling Orders: The Court shall file and send to the parties a Trial Scheduling Order for the case after Court Administration assigns a trial / MSC date. The Trial Scheduling Order shall be substantially in the form approved by the Court. The Trial Scheduling Order may be amended only by leave of the Court upon motion. Motions for continuance, even if agreed, shall only be granted upon showing of good cause. (ix) The requirement of this rule can be waived or modified upon a written motion. (g) Pre-assignment of Cases. (i) By the Court: The Judges may select those cases deemed appropriate for pre-assignment due to length of trial or complexity of issues. (ii) By Motion: The parties by stipulation may request that a case be pre-assigned or any party may place a motion for pre-assignment upon the appropriate motion calendar. (iii) All Matters to be heard by Pre-assigned Judge: After selection of the trial judge in the pre-assigned case, the trial, all motions, conferences and other matters and proceedings, except settlement conferences, should be heard before that Judge, if available. (h) Notice to Court of Calendar and Trial Changes. Causes set for trial, as defined by 40(b)(ii), cannot be cancelled by the parties without a court order, except instances wherein the cause is settled. Thereafter the parties shall file a Notice of Cancellation with the Clerk's Office and provide a copy to Court Administration. (i) If it becomes apparent that the time allocated for a trial will not be adequate to complete the trial, the parties shall promptly notify the Court Administration of that fact and of the time necessary to complete the trial. (ii) The Court may assess actual costs or other sanctions for a violation of this rule. (i) Trial Readiness Review: (i) Criminal: In all criminal cases set for trial, the attorneys and self-represented parties shall appear on the readiness review docket at 8:30 on the Thursday morning the week prior to trial. Final instructions from the Court, including the specific start date and time of the trial, will be given by the Court at the readiness review. Failure to appear may result in the striking of the assigned trial date and/or other sanctions as deemed appropriate by the Court. (ii) Civil: In all civil cases set for trial (this includes child support modification on declarations), the parties, or his/her attorney, shall contact Court Administration between 2:00 p.m. and 4:00 p.m. the Thursday afternoon the week prior to the trial. Court Administration will give final instructions, including the specific start date and time of the trial. Failure to call Court Administration as directed may result in the striking of the assigned trial date and/or sanctions as deemed appropriate by the Court.

(j) Call Calendar. (i) The causes appearing on a motion docket shall be called and the movant, if no one appears in opposition, may take the order moved for if approved by the court. If no one appears for a motion or petition it shall be deemed waived and stricken. (ii) A party or his/her attorney may appear on any Civil or Domestic Relations Motion Docket via CourtCall(r) (www.courtcall.com), except a party who has been properly served with an Order to Show Cause or other order requiring his/her personal appearance. The responding party in that circumstance must appear in person unless otherwise ordered by the Court.

[Amended effective September 1, 2002; amended September 1, 2005; amended September 1, 2006; amended September 1, 2012; amended January 1, 2013 and Emergency Amendment Effective January 1, 2015; amended September 1, 2016; amended September 1, 2017; emergency amendment effective January 1, 2018; amended September 1, 2018]

RULE 43. TAKING OF TESTIMONY

Rescinded effective September 1, 2015

RULE 45. SUBPOENA

(a) For Attendance of Witnesses. Subpoenas issued by pro se litigants must be approved by a superior court judge. The judge may choose to require an ex parte hearing to determine if the witness has legally relevant information. This Rule shall be liberally construed. The purpose of this Rule is to prevent the abuse of the subpoena process. (g) When Excused. A witness subpoenaed to attend in any case, criminal or civil, is dismissed and excused from further attendance as soon as he has given his testimony in chief for the party in whose instance he was called and has been cross-examined thereon, unless either party makes request in open court that the witness remain in attendance. Witness fees will not be allowed any witness after the day on which his testimony is given except when the witness has in open court been required to remain in further attendance; and, when so required, the clerk shall make a minute entry to that effect, and the party making the request that the witness remain in attendance shall be solely responsible for any additional witness fees incurred by that witness as a result of that further attendance.

[Amended effective September 1, 2003.]

RULE 47 JURORS DELETED

[Deleted effective September 1, 2016]

RULE 51. INSTRUCTIONS TO JURY AND DELIBERATION

Rescinded effective September 1, 2015

CIVIL RULE 56. SUMMARY JUDGMENT (c) Motion and Proceedings. (3) Summary judgments shall be heard during the Court's regularly scheduled motion calendar/docket; PROVIDED, if the parties or their attorneys anticipate that the matter may exceed 30 minutes, the matter must be noted on the appropriate trial assignment docket for a special set hearing time. (4) The attorney for the moving party (whether original motion or cross-motion) shall notify the Clerk of the Court no later than five (5) court days preceding the date set for hearing and advise whether the motion will in fact be argued. If such notification is not timely made, the motion will be stricken for resetting. [Amended September 1, 1995; amended September 1, 2002; amended September 1, 2012; amended September 1, 2015; amended September 1, 2016; amended September 1, 2017; amended September 1, 2018.]

RULE 59. NEW TRIAL, RECONSIDERATION, AND AMENDMENT OF JUDGMENTS

(e) Hearing on Motion. (3) Nature of Hearing. (A) In Cowlitz County a motion for reconsideration or for a new trial shall be submitted on briefs and affidavits only, without oral argument, unless the trial judge, on written application from the attorney or on his/her own motion, allows oral argument. The original, of such motion, which must be made within the time limits set forth in CR 59, shall be filed with the Superior Court Clerk's Office and a copy delivered to court administration, the opposing party and/or their attorney at the time of filing. The original and a copy of any response thereto shall be filed with the Superior Court Clerk's Office and thereafter a copy delivered to court administration, opposing party and/or their attorney, in accordance with CR 59. The trial judge shall either rule and advise the attorneys of the ruling or advise the attorneys of desired further proceedings pursuant to CR 59.

[Amended effective September 1, 2012; Amended effective September 1, 2016.]

RULE 65. INJUNCTIONS

Rescinded effective September 1, 2015

RULE 77. SUPERIOR COURT AND JUDICIAL OFFICERS

(d) Superior Court Always Open. (1) Trial Hours. Sessions of trial departments, except as otherwise provided for in these Rules, shall be from 8:45 a.m. until 12 noon and from 1:00 p.m. until 4:30 p.m., Monday through Friday, unless otherwise ordered by the trial judge. Special sessions of any court may be held on Saturday, or at earlier or later times, at the discretion of the trial judge, to hear any and all matters that such judge sets for hearing before him/her and at such hours upon said day as the judge shall fix. (f) Sessions. (1) Superior Court Sessions. There shall be one continuous session of court from January 1 until December 31 of each year. (2) Jury Terms. Jury trials, both civil and criminal, shall be set throughout the year. (k) Motion Day - Local Rules. (1) Schedules. A copy of court dockets and hearing days is posted in the clerk's office, and a copy may be requested from superior court administration. Provided, however, in the event a legal holiday prevents the conduct of a docket or hearing day, the same may, on the order of the presiding judge, be rescheduled and notice thereof posted prominently in the clerk's office. (2) Hearing Assignment. With the court's approval, any matter set on a motion docket may be assigned a specific date and time for hearing. (3) Presentation of Papers. At the commencement of hearing on each probate final report, the lawyer for the personal representative shall present a proposed order approving final report and decree of distribution. For good cause, the court may extend the time for presentation of such findings, conclusions, orders and decrees. (4) Noted Cases. All materials to be considered on a motion docket, except domestic relations and adoption matters, must be filed in the clerk's office not later than 10:00 a.m. at least two (2) court days preceding the docket in question. A copy of any pleading filed less than five (5) working days prior to a scheduled hearing must be provided to the assigned judge, or if no judge is yet assigned, to the Court Administration with a note in the upper right hand corner of the first page indicating the date, time and type of hearing/calendar docket. If no copy is provided, those pleadings may not be considered, at the discretion of the judge.

Amended effective September 1, 1993; September 1, 1995; September 1, 1996; September 1, 2000; September 1, 2002; September 1, 2003; September 1, 2005; September 1, 2012; September 1, 2015; amended effective September 1, 2016.]

RULE 81. APPLICABILITY IN GENERAL

Rescinded effective September 1, 2015

RULE 83. LOCAL RULES OF SUPERIOR COURT

(c) Suspension. The court may modify or suspend any of these Rules, in any given case, upon good cause being shown therefore or upon the court's own motion.

CIVIL RULE 87 - RESCINDED STAEMENT OF PARITES' POSITION

[Adopted effective September 1, 2013; DELETED effective September 1, 2015.]

CIVIL RULE 88 CONTESTED HEARINGS

The following rules shall apply to all contested hearings in domestic relations matters. (a) Discretion of the Court. Domestic Relations matters will be heard on affidavits submitted in accordance with this Rule and arguments only, unless: (1) In the judgment and discretion of the Court, the facts reveal unusual circumstances which, in the furtherance of justice, require oral testimony; or, consideration of non-complying pleadings. (b) Filing and Service of Motions, Responses, Replies, and Affidavits. Such matters shall not be heard unless affidavits are served and filed as required by this Rule and CR 6(a). (1) The moving party shall serve and file supporting affidavit(s) together with the petition, motion, or order to show cause. (2) Domestic relations motions shall be filed and served upon all parties not later than ten (10) court days before the time specified for the hearing. Responses shall be filed and served on all parties not later than 3:00 p.m., five (5) court days before the time specified for the hearing. Replies shall be filed and served on all parties not later than 3:00 p.m., three (3) court days before the hearing. (3) Pleadings filed later than 3:00 p.m. three (3) court days before the hearing may be considered if good cause for the delay appears within those pleadings. A copy of any pleading filed after 3:00 p.m. five (5) court days prior to the hearing must be given to the assigned judge. The clerk's office will not be responsible for getting late pleadings in the court file prior to hearing. The Court will not consider pleadings that are filed after 3:00 p.m. three (3) court days prior to hearing deadline if no copy is provided to the assigned judge. All bench copies must have in the upper right hand on the first page a notation of date, time and type of hearing/calendar docket. (c) Length and Format of Affidavits. The following limits shall apply, unless waived by the court upon written motion, which may be heard on the ex parte docket with reasonable prior notice to the opposing party or their attorney. (1) Affidavits must be typed, double-spaced and on pleading paper. Affidavits not in this format may not be considered. (2) Initial affidavits will be limited to six (6) pages (exclusive of exhibits) from the parties and four (4) pages from other witnesses. Each party is limited to a total of four (4) affidavits in support of or in response to a motion. The moving party may also file and serve affidavits of no more than four (4) pages in total in rebuttal. (d) Preparation and Presentation of Orders. All proposed orders will be prepared and filed by the moving party. The Court will set a presentation date at the time of the hearing on the motion. A copy of the proposed order shall be provided to the Court and to the other party or his/her attorney not less than five (5) court days prior to the presentation date. Objections shall be filed with the Court by the objecting party not less than three (3) court days prior to the presentation date. [Amended September 1, 2005; emergency amendment March 1, 2006; amended September 1, 2006; amended September 1, 2007; amended September 1, 2012; emergency amendment June 6, 2013; amended September 1, 2013; amended September 1, 2014; amended September 1, 2015; amended September 1, 2016; emergency amendment January 1, 2018; amended September 1, 2018.]

CIVIL RULE 89 - RESCINDED VITAL STATISTICS OR OTHER FORMS [Adopted effective September 1, 2013; DELETED effective September 1, 2015.]

CCLCR 90 RESCINDED - EFFECTIVE SEPTEMBER 1, 2014 The contents of this item are only available on-line.

RULE 91 MANDATORY SETTLEMENT CONFERENCES IN DOMESTIC RELATIONS ACTIONS (a) Policy Statement. It is the finding of the court that settlement conferences are a valuable tool to promote the amicable resolution of disputes and promote the efficient use of court resources. Settlement conference time is also a valuable resource. It is expected that all parties who participate in settlement conferences as mandated by the court be prepared to participate when scheduled and not squander this valuable resource. (b) Settlement Conferences Required. A settlement conference is mandatory in all contested actions in which a dissolution/declaration of invalidity/legal separation of marriage or domestic partnership is sought. A settlement conference may be requested in any family law matter with the agreement of all parties. No trial date will be set unless the required settlement conference has occurred or has been waived by a judge for good cause. Parties may comply with this rule by participating in a mediation or settlement conference using a court approved mediation service, and filing a certificate from that service with the court. Should parties choose to go through private mediation to comply with this rule, they shall be responsible for all costs of said mediation. Approved mediators shall be listed on the Court's website, and are available from the Court Administration, the Clerk and the court facilitator's office. (c) Request for Settlement Conference. A request to schedule a settlement conference may not be made until after a response to the petition has been filed, the parties have engaged in settlement negotiations and the Guardian ad Litem report, if applicable, has been filed. The request for settlement conference shall be signed and filed with the clerk. (1) Form. The request shall be substantially in the form approved by the court and available on the Court's website, from the county clerk or court facilitator, or from superior court administration. (d) Readiness Statement. A party shall complete the Certificate of Readiness Statement and Mandatory Settlement Conference / Trial Setting Notice which shall be signed and filed with the clerk. This document will include a statement, verified by the party or his/her attorney, that negotiations have been attempted between the parties. Please see http://www.cowlitzsuperiorcourt.us/rules-and-forms/family-law-forms. (1) Form. The request shall be substantially in the form approved by the court and available on the Court's website, from the county clerk or court facilitator, or from superior court administration. (e) Settlement Conference Affidavit. Each party must complete a statement of family financial status. If the parenting plan or child support is at issue, each party will provide a proposed parenting plan and child support worksheets. Appraisals, bluebook printouts, or other documents supporting contested issues should be included with the affidavit. It is helpful if the parties can agree on a format for any proposed balance sheets. The affidavit and supporting documents shall not be filed with the superior court clerk. The affidavit and supporting documents shall be served on the opposing attorney or party if not represented by an attorney, and an additional copy will be provided to the Superior Court Administration for the use of the presiding judicial officer conducting the settlement conference, no later than 4:00 p.m. five (5) court days prior to the scheduled conference. (1) If the state has filed a Notice of Appearance in a domestic relations case in which child support is involved and the only states interest is medical assistance provided for the children of the parties and preservation of state's collections of child support arrears owed to it, the state may not appear at the Mandatory Settlement Conference if the following language is included in the Mandatory Settlement Conference Affidavit: Petitioner/Respondent agree to include in the Order of Child Support preservation of the state's right to collect arrears owed to it and the statutorily mandated language regarding medical insurance coverage contained in Paragraph 19 and uninsured medical expenses in Paragraph 21 as requested by the state in this matter and (check the applicable box): ____ 1. The Court is not ordering how health insurance must be provided for the children because the Court does not have enough information to determine the availability of accessible health insurance for the children (insurance that could be used for the children's primary care). The Division of Child Support (DCS) or either parent can enforce the duty to provide or pay for health insurance. ____ 2. Petitioner/Respondent must pay the premium to provide health insurance coverage for the children. The Court has considered the needs of the children, the cost and extent of coverage, and the accessibility of coverage. The other parent must pay his/her proportional share* of the premium paid. Health insurance premiums (check one): ___a. are included on the Worksheets (line 14). No separate payment is needed. ___b. are NOT included on the Worksheets. Separate payment is needed. A parent or non-parent custodian may ask DCS or the Court to enforce payment for the proportional share. *Proportional share is each parent's percentage share of the combined net income from line 6 of the Child Support Schedule Worksheets. The state shall be served with the final proposed Order of Child Support and Child Support Worksheets for review and approval within the statutory time limits required by RCW 26.23.130 for the state's review prior to entry of final orders. If the medical or other provisions do not comply with the state's requests for medical insurance coverage language and arrears preservation, these issues shall remain contested and shall be set for hearing. (2) Form. The request shall be substantially in the form approved by the court and available on the Court's website, from the County Clerk or court facilitator, or from Superior Court Administration. (f) Sanctions. Failure to file the documents pursuant to sections (d) and (e) above may result in sanctions. Failure to appear at the conference shall subject a party and/or attorney to additional sanctions upon motion of the opposing party. A party in compliance with this rule may seek fees and costs against a non-compliant party by way of motion to the court and such terms shall be at the discretion of the court. (g) Conference Procedure. Participation in the settlement conference shall be mandatory. All parties, and their attorneys if represented, shall appear at the settlement conference (h) Completion of Conference. If the settlement conference results in a partial or full settlement of the case, a record of the settlement shall be made, either by a written CR 2A settlement agreement, signed by both parties and their attorneys, or by placing the agreement on the record in open court. If the settlement conference is not successful, the supervising presiding judicial officer shall file a notice of completion of the conference with the clerk. A private mediator may also file the notice of completion of conference if private mediation is used to comply with this rule. Form. The completion notice and/or the CR2A agreement cover page shall be substantially in the form approved by the court and available on the court's website, from the county clerk or court facilitator, or from superior court administration. (i) Notice of Settlement or Change. Whenever a cause has been set for mandatory settlement conference and thereafter is settled or will not proceed for any reason, notice (available from the superior court administration) shall immediately be given to the court and the clerk by the close of the next business day. In the event of a violation of this Rule, the court may, in its discretion, assess actual costs incurred, as a result of the violation, plus such other sanction as appears appropriate against the offending attorney and/or party. [Adopted September 1, 2005; amended September 1, 2007; repealed on an emergency basis May 1, 2009; repealed on a permanent basis effective September 1, 2009; reinstated as amended effective January 19, 2010; amended September 1, 2010; amended September 1, 2012; amended September 1, 2015; amended September 1, 2016; amended September 1, 2018.]

CCLCR 92 FINALIZING FAMILY LAW CASES (IN WORD FORMAT) The contents of this item are only available on-line.

RULE 93 PARENTING SEMINARS

[Rescinded effective September 1, 2014.]

CIVIL RULE 94 - RESCINDED NAME CHANGE FOR STEP CHILD

[Adopted effective September 1, 2013; DELETED effective September 1, 2015.]

RULE 95 WAIVER OF AGE TO MARRY

Applications for waiver of minimum age to marry, pursuant to RCW 26.04.010, shall be made through the superior court clerk's office. Upon application, the Court shall appoint a Guardian ad Litem to investigate and make a recommendation to the Court on the application. Applicants shall provide such information and supporting documentation as may be prescribed by the Guardian ad Litem. Before court hearing, applicants must give evidence of completion of a program of premarital counseling by a counselor, a counseling agency, or rabbi, priest or minister, together with such counselor's recommendation, and shall be interviewed by the Guardian ad Litem.

[Adopted effective September 1, 1995; amended effective September 1, 2000; September 1, 2003; September 1, 2005. amended effective September 1, 2014.]

CIVIL RULE 96 - RESCINDED CHILD SUPPORT MODIFICATION HEARING

[Adopted effective September 1, 2013; DELETED effective September 1, 2015.]

RULE 97. FINANCIAL PROVISIONS. DELETED

[Deleted effective September 1, 2016]

CIVIL RULE 98. GUARDIANS AD LITEM (a) Appointment of Guardians ad Litem: When the appointment of a Guardian ad Litem is required, the appointee shall be from the appropriate Court-approved Guardian ad Litem registry maintained for Titles 11 or 26, respectively. Parties shall use the Order to Appoint a Guardian ad Litem in Title 26 cases in compliance with the Court's required form found at http://www.cowlitzsuperiorcourt.us/rules-and-forms/general-forms. (1) Substantially Equal Residential Time or Third Party Custody Cases: When a parenting plan sets a residential schedule of substantially equal time or places the child(ren) with a person other than a parent, a Guardian ad Litem (GAL) shall be appointed to make a recommendation to the Court regarding the adoption of the schedule. The written report/recommendation of the Guardian ad Litem shall be filed with the Court, a copy shall be provided to each party, and the matter is to be noted on the docket for further direction from the Court. This rule applies whether or not the parties agree to the residential schedule. (b) Fees: Fees to be paid to the Guardians ad Litem shall be at the rate set by Superior Court Administrative Policy. If additional fees are requested, a written motion for same, accompanied by supporting affidavit(s), must be filed. (c) Guardian ad Litem Grievance Procedures: These rules apply to Guardians ad Litem and Court Appointed Special Advocates (CASA) appointed on any case heard by the Court under Titles 11 or 26 of the Revised Code of Washington. (d) Guardian ad Litem Advisory Committee: The Court's Guardian ad Litem Advisory Committee, hereinafter referred to as the "Committee," will administer complaints about Guardians ad Litem in accordance with Local Court Rule GAL 8. (e) Policies and procedures: Such policies and procedures will be implemented as necessary to carry out this rule.

[Adopted effective September 1, 2014, Emergency Amendment effective November 10, 2014; amended September 1, 2015; amended September 1, 2017]

RULE 3.1 RIGHT TO AND ASSIGNMENT OF ATTORNEY

(g) Appearance of Attorney. Attorneys representing defendants in criminal cases as a retained attorney must serve prompt written notice of their appearance upon the prosecuting attorney and file the same with the clerk of the court.

[Amended effective September 1, 2012; amended September 1, 2015.]

RULE 4.2 PLEAS

(i) Plea by Court Commissioner. Pursuant to RCW 2.24.040(15) a duly appointed Superior Court Commissioner may accept a guilty plea in felony matters. After the guilty plea is accepted, the matter shall be referred to a judge for disposition.

[Adopted on an emergency basis effective April 1, 2008; adopted on a permanent basis effective September 1, 2008.]

CRIMINAL RULE 4.7 DISCOVERY (RESCINDED - EFFECTIVE SEPTEMBER 1, 2014) (h) Regulation of Discovery. (1) Distribution of Criminal Discovery by Counsel to In-custody Defendants. Defense counsel, without need for leave of court, may provide to his or her clients lodged in the Cowlitz County Jail all police reports, investigative reports, test results, witness statements, and any other discovery under the following limitations:

* The reports will be picked back up by counsel within 48 hours; * All materials provided will be numbered, and counsel will confirm the return of all documents; * Counsel will redact contact and financial information of all potential witnesses and any and all alleged victims before providing the material to their clients, these redactions must be approved by the prosecuting attorney or order of the court. Should defense counsel feel that these restrictions are inappropriate in a particular case, he or she may file a motion asking for such relief as deemed necessary. Should the prosecution feel that these restrictions are insufficient in a particular case, he or she may file a motion identifying any other conditions he or she wishes to be imposed.

[Adopted effective September 1, 2008; amended effective September 1, 2014.]

RULE 4.11 MISCELLANEOUS

(a) CRIMINAL TRIAL CALENDAR REVIEW A review shall be held at 8:30 a.m. the Thursday before the week of trial to determine if the case is ready to proceed to trial. Counsel for all parties shall appear and advise the Court of readiness for trial, the expected length of trial, and any restrictions as to particular days of the week or affidavits under RCW 4.12.050.

[Adopted effective September 1, 2012; amended September 1, 2015.]

RULE 7.3 - RESCINDED JUDGMENT

[Adopted effective September 1, 2005; amended effective September 1, 2012; DELETED September 1, 2015.]

CRIMINAL RULE 64. VOIR DIRE

Rescinded effective September 1, 2015

RULE 3. ESTABLISHMENT OF CASA LOCAL RULES (a) Title. These Rules shall be known as the CASA Local Rules for Cowlitz County, Washington. (b) Scope. These Rules shall be applicable to all dependency cases in the Cowlitz County Juvenile Court. These cases include children who are alleged to be dependent, neglected, or abandoned; in all cases in which termination of parental rights is involved; or in any other appropriate dependency proceeding pending in Cowlitz County Juvenile Court Once CASA has been appointed for a child(ren), that appointment will continue until further order of the court irrespective of the increasing age of the child(ren). (c) Application. These Rules shall supplement the existing local rules and the Washington Juvenile Court Rules (JuCR) which shall apply in addition to these Rules. These Rules may be modified or waived by the sitting juvenile court judge, by special order, when, in the opinion of said Judge, such waiver or modification is necessary in order to do justice, or to arrive at the equities of the case between, or among, the parties involved. Each person appearing in this court is charged with the knowledge of all applicable rules. (d) Definitions. (1) Juvenile Rules Definitions. The definitions of JuCR 1.3 shall apply in these cases. (A) "CASA" means The Cowlitz County CASA, which is the non-profit corporation that provides specially trained and sworn adults to the court as CASA staff/volunteers. It is the designated CASA organization for all Cowlitz County CASA cases. CASA also stands for "Court Appointed Special Advocates," which refers to the organization's staff/volunteers. (B) A "CASA Volunteer" means a responsible adult who has been specially trained as a court appointed special advocate and who has taken a special oath from a superior court judge. The person is charged with making recommendations in the form of reports and testimony to the judge regarding the best interests of the child(ren). i. "CASA Volunteer Affiliate" means a CASA volunteer who has met the state training requirements to perform the duties of a guardian ad litem in juvenile court dependency matters but who is required to perform these duties under direct supervision of a CASA volunteer mentor for a minimum of six (6) months. ii. A "CASA Volunteer Certified" means a CASA volunteer who has met the state training requirements to perform the duties of a guardian ad litem in juvenile court dependency matters and who has successfully completed a minimum of six (6) months of direct supervision by a CASA volunteer mentor as a CASA volunteer affiliate. iii. A qualified "CASA Volunteer Mentor" means a CASA volunteer who has performed the duties of a guardian ad litem as a CASA volunteer certified for a minimum of one (1) year and has been identified by the Cowlitz County CASA as a mentor. (C) "CASA Report" means any report prepared by CASA addressed to the judge giving a thorough background investigation of the child(ren), including, but not limited to, information about the parents, relatives, and others who have knowledge about or concerning the child(ren). The report contains advisory recommendations as to the best interest of the child(ren). (D) "CASA Order" means the order signed by a judge, or a court commissioner, which appoints CASA as guardian ad litem. The order remains effective until CASA is ordered released from the child(ren)'s case.

(E) "CASA Director" means the executive director of the Cowlitz County CASA, as hired by its board of directors, or as designated by its board of directors. The CASA director is the person charged with the supervision of all CASA staff/volunteers, CASA reports, and CASA cases. (e) Establishment of CASA Cases and Orders. (1) Requests for CASA. The court may appoint CASA upon its own initiative, or a request for appointment of CASA to a case or for a child(ren) may be made by any person or agency having knowledge of facts which indicate that CASA is appropriate. A request for CASA may be made by motion filed by any person or agency. The court clerk shall accept the filing of the motion and note upon it the date and time of filing. (2) Preliminary Inquiry. Except in situations where the court orders CASA appointed upon its own initiative, the clerk shall forward a copy of any request or motion filed to the CASA director within ten (10) days of its filing. The CASA director will make a preliminary investigation of the case. If the case appears appropriate, the director will recommend to the court the signing of a CASA order and provide the name of an available CASA staff/volunteer. If the case does not appear appropriate, the CASA director will recommend that CASA not be appointed to the case. The preliminary inquiry shall be completed within ten (10) days of receiving the request or motion from the court clerk. (3) Hearing. Within ten (10) days after a request or motion for CASA is filed, the CASA director will file with the court a response to the motion based upon the preliminary inquiry conducted. Thereafter, the court may, if necessary, hold a hearing, at which time any person or agency may present proof for or against appointment of CASA. Following the hearing, or, in the event a hearing is not necessary and the court has received a response, the court shall enter an order either granting or denying the request or motion. Notwithstanding the above, the court may enter an order appointing CASA at any time for a child(ren) in a proceeding, upon its own initiative, during or following the preliminary inquiry and with or without conducting any hearing, by signing a CASA order. (4) CASA Order. The CASA order may be signed by the judge or a court commissioner in any case. The order shall be effective when signed and shall continue in full force and effect until a subsequent order is signed which orders CASA released from the case. CASA shall continue to serve on a pending case so long as the child(ren) continues under the jurisdiction of the court. The clerk of the court shall furnish the CASA director with a copy of each CASA order within five (5) days of entry of the order. The CASA order will also be served upon all parties or their attorney of record. Each CASA order shall have a copy of the relevant petition attached and a notice of the next scheduled hearing date, time, and location. (5) Scope of the CASA Order. Upon entry of a CASA order appointing CASA to a case, all persons and agencies are under an obligation to cooperate with CASA to assist in determining the best interest of the child(ren). The CASA volunteer shall have access to the child(ren) (including any child(ren) in detention), the parents, any caretaker, or any other agency or party having information related to the child(ren). CASA has the right to inspect and/or copy any documents deemed relevant to the child(ren)'s situation. CASA shall maintain any information received during an investigation in a confidential manner. CASA shall not disclose any such information except in reports to the court and to parties to the proceeding, unless disclosure of any information has been limited by the court pursuant to CASA Rule 5(c). Nothing contained in these Rules shall be construed as permitting any CASA staff/volunteers to practice law before the court. (f) Guardian ad Litem Appointments. (1) Legal Proceedings. The CASA staff/volunteer may fully participate in any proceedings involving the child(ren) for whom CASA has been appointed. If called as a witness by the court or any party, CASA staff/volunteer shall testify as a witness in any proceeding. (2) Compensation. Individual CASA volunteers shall not receive any compensation from the court or from any party to the proceedings. The CASA volunteer serves the court and as such shall receive no compensation or remuneration. (3) Release. If CASA wishes to be released from a case, CASA shall so petition the court. (g) CASA Court Attendance and Reports. (1) Attending Hearings. CASA is charged with the notice of all hearings which involve the child(ren) assigned, and will attend all such hearings. In the event of a conflict, CASA may request a continuance for good cause shown or may be excused by the court from appearing. Any party may call the CASA staff/volunteer as a witness in the proceeding. CASA staff/volunteer may be compelled to attend by any party with the service of a subpoena for the CASA staff/volunteer, made by service upon the staff/volunteer or by serving the CASA director, giving at least five (5) days' notice prior to the hearing, excluding Saturdays, Sundays, and legal holidays. (2) Filing Reports. The CASA representative shall, absent special circumstances or unless excused by the judge, submit a written report at least five (5) working days prior to each dispositional or review hearing involving the child(ren). The report shall be addressed to the judge and shall contain such attachments and documents as are relevant to the proceedings. The report when filed shall become a permanent part of the applicable juvenile court legal file. The staff/volunteer shall sign the report, but not under oath. The court is in no way bound by or obligated to adopt any CASA recommendations, the report being advisory in nature. (3) Inspection of Reports; Confidentiality. Generally, the child(ren), the attorney, the parent, guardian or legal guardian, and any state or other agency involved in the proceedings, shall be entitled to inspect the CASA report, and all documents attached thereto except that information protected from disclosure by law. The court shall issue such orders as are necessary to maintain the confidential nature of information so classified. (h) Special Compliance Reviews. CASA is responsible for monitoring compliance with all court orders issued in any case or proceeding involving the child(ren) for whom CASA was appointed. To that end, in the event that CASA believes that any court orders are not being complied with by any party, and CASA's efforts to obtain compliance have been unsuccessful, the volunteer may request the clerk of the court to place the case on the court's docket for early review, and the clerk shall give notice thereof. The judge may then examine the CASA staff/volunteer, and any other witness, at a hearing to determine compliance or non-compliance with its orders. The court may issue such remedial order(s) as may be necessary or may issue a show cause order to any party to determine why compliance with its orders has failed. Special reviews may also be conducted by the court to determine compliance with the CASA order by any person or agency as described in CASA Rules 3(d) and 3(e). [Adopted May 1, 1994; amended September 1, 2000; amended September 1, 2005; amended September 1, 2006; amended September 1, 2012; amended September 1, 2018]

RULE 7. GUARDIAN AD LITEM DISCIPLINARY PROCEDURES FOR CASA STAFF/VOLUNTEERS (a) There shall be a complaint review committee, hereinafter referred to as the "committee," consisting of three (3) individuals designated by the superior court judges of Cowlitz County. The committee is empowered by the court to review all complaints made regarding the guardian ad litem services provided by CASA staff/volunteers. 7. One member of the committee shall be a superior court judge. (b) All complaints must be in writing and must be submitted to the complaint review committee. Complaints shall remain confidential until resolved. (c) Upon receipt of a written complaint concerning a CASA staff/volunteer, the superior court judge shall advise the director of the Cowlitz County CASA of the complaint. If the judge finds the complaint sufficiently serious, the matter will be referred directly to the committee. Otherwise, the complaint will be forwarded to the director who will meet with all parties involved in the dispute in an attempt to resolve the problem at the director's level. (1) A copy of the complaint and the resolution or lack of resolution shall be forwarded to the Juvenile Court Administrator. (2) If the complaint is not resolved to the satisfaction of the complainant, the matter will move to (d) of this policy. (d) Upon receipt of the written complaint (unresolved) and findings from the director of the Cowlitz County CASA, or upon a direct referral from a judge, the Juvenile Court Administrator shall convene the committee within ten (10) business days to review the complaint. Upon review of the complaint, the committee shall either: 1) Make a finding that the complaint has no merit on its face, and decline to review the complaint and so inform the complainant; or 2) Make a finding that the complaint does appear to have merit and request a written response from the CASA staff/volunteer within ten (10) business days, detailing the specific issues in the complaint to which the committee desires a response. The committee shall provide the CASA staff/volunteer with a copy of the original complaint. The failure of a CASA staff/volunteer, subject to the complaint, to respond within the required ten (10) business days, in the absence of good cause shown, will result in the immediate suspension from the case assignment of the CASA staff/volunteer. In considering whether the complaint has merit, the committee shall consider, but not be limited to, whether the complaint alleges the CASA staff/volunteer has: (1) violated the code of conduct; (2) misrepresented his or her qualifications to serve; (3) not met the annual training update requirements set forth in the statute; (4) breached the confidentiality of the parties;

(5) Falsified information in a report to the court or in testimony before the court; (6) Failed to report suspected abuse or neglect of a child; (7) Communicated with a judicial officer ex-parte; (8) represented the court in a public forum without prior approval of the court; (9) Violated state or local laws, rules, or this policy in the person's capacity as a CASA staff/volunteer; or, (10) Taken, or failed to take, any other action which would reasonably place the suitability of the person to serve as a CASA staff/volunteer in question. (e) Upon receipt of a written response to a complaint from the CASA staff/volunteer, the committee shall, within ten (10) business days, make a finding as to each of the issues delineated in the committee's letter to the CASA staff/volunteer that either there is no merit to the issue based upon the response of the CASA staff/volunteer or that there is merit to the issue. The committee may, at its discretion, extend the time for entering findings to conduct additional investigation if necessary; however, in no case shall that extension be for more than twenty (20) business days and the CASA staff/volunteer shall be notified of such extension. (f) The committee shall have the authority to issue a written admonishment, written reprimand, refer the CASA staff/volunteer to additional training, recommend to the presiding Juvenile judge that the court, upon its own motion, remove the CASA staff/volunteer from the current case or suspend or remove the CASA staff/volunteer from serving as a Guardian ad Litem in Cowlitz County. In considering a response, the committee shall take into consideration any prior complaints which resulted in an admonishment, reprimand, referral to training, removal of the CASA staff/volunteer from a particular case, or suspension or removal from a registry. If a CASA staff/volunteer is listed on more than one registry, the suspension or removal may apply to each county registry the CASA staff/volunteer is listed on at the discretion of the committee. (g) The complainant, the CASA staff/volunteer, and the director of Cowlitz County CASA, shall be notified in writing of the committee's decision within ten (10) business days of receipt of the response of the CASA staff/volunteer or longer if additional time for investigation is necessary pursuant to paragraph (e) above. (h) A CASA staff/volunteer may, within five (5) business days of receipt of notification that he/she has been suspended or removed from the Cowlitz County registry, request a hearing on the committee's decision. The presiding Juvenile judge shall designate a hearing officer. The sole purpose of the hearing shall be to review the appropriateness of the suspension or removal from the Cowlitz County registry. The hearing officer shall review the written record of the instant complaint and any prior complaints the committee considered, and hear oral arguments from the CASA staff/volunteer or his or her representative and a representative of the committee. Said hearing shall be conducted within twenty (20) days of the receipt of the request for the hearing. The decision of the hearing officer shall be final and binding upon the parties. [Adopted September 1, 2002; amended September 1, 2012; amended September 1, 2018.]

RULE 8. GUARDIAN AD LITEM DISCIPLINARY PROCEDURES

(1) Guardian ad Litem Advisory Committee. The Court's Guardian ad Litem Advisory Committee hereinafter referred to as the "Committee," will administer complaints about guardians ad litem. (2) Submission of Complaints All complaints must be in writing and must be submitted to the Superior Court Administrator. All complaints must bear the signature, name and address of the person filing the complaint. (3) Review of Complaint Upon receipt of a written complaint, the Court Administrator shall convene the Committee to review the complaint. Upon review of the complaint, the Committee shall either: (a) Make a finding that the complaint is with regard to a case then pending in the court and decline to review the complaint and so inform the complainant. In such instances the Committee shall advise the complainant that the complaint may only be addressed in the context of the case at bar, either by seeking the removal of the guardian ad litem or by contesting the information or recommendation contained in the guardian ad litem's report or testimony. In such cases the Committee and its members shall perform its role in such a manner as to assure that the trial judge remains uninformed as to the complaint; or (b) Make a finding that the complaint has no merit on its face, and decline to review the complaint and so inform the complainant; or (c) Make a finding that the complaint appears to have merit and request a written response from the Guardian ad Litem within 10 business days, detailing the specific issues in the complaint to which the Committee desires a response. The Committee shall provide the Guardian ad Litem with a copy of the original complaint. In considering whether the complaint has merit, the Committee shall consider whether the complaint alleges the Guardian ad Litem has: (1) Violated a code of conduct; (2) Misrepresented his or her qualifications to serve as a Guardian ad Litem; (3) Breached the confidentiality of the parties; (4) Falsified information in a report to the court or in testimony before the court; (5) Failed, when required, to report abuse of a child; (6) Communicated with a judicial officer ex-parte concerning a case for which he or she is serving as a guardian ad litem; (7) Violated state or local laws or court rules; or, (8) Taken or failed to take any other action which would reasonably place the suitability of the person to serve as a Guardian ad Litem in question. (4) Response and Findings. (a) Upon receipt of a written response to a complaint from the Guardian ad Litem, the Committee shall make a finding as to each of the specific issues in the complaint to which the Committee desires a response, as delineated in the Committee's letter to the Guardian ad Litem. Such findings shall state that either there is no merit to the issue based upon the Guardian ad Litem's response or that there is merit to the issue. (b) The Committee shall have the authority to issue a written admonishment, a written reprimand, refer the Guardian ad Litem to additional training, or recommend to the Presiding Judge that the Court suspend or remove the Guardian ad Litem from the registry. In considering a response, the Committee shall take into consideration any prior complaints that resulted in an admonishment, reprimand, referral to training, or suspension or removal from a registry. If a Guardian ad Litem is listed on more than one registry, the suspension or removal may apply to each registry the Guardian ad Litem is listed on, at the discretion of the Committee. (c) The complainant and the Guardian ad Litem shall be notified in writing of the Committee's decision following receipt of the Guardian ad Litem's response. (5) Confidentiality. (a) A complaint shall be deemed confidential for all purposes unless the committee has determined that it has merit under LGAL 8(4) above. (b) Any record of complaints filed which are not deemed by the committee to have merit shall be confidential and shall not be disclosed except by court order. (6) Complaint Processing Time Standards (a) Complaints shall be resolved within twenty-five (25) days of the date of receipt of the written complaint if a case is pending. (b) Complaints shall be resolved within sixty (60) days of the date of receipt of the written complaint if the complaint is filed subsequent to the conclusion of a case. (7) Removal from Registry.

(a) When a guardian ad litem is removed from the court's registry pursuant to the disposition of a grievance hereunder, the Court Administrator shall send a notice of such removal to the Office of the Administrator for the Courts. (b) When the Court Administrator receives notice from the Office of the Administrator for the Courts that a guardian ad litem on the court's registry has been removed from the registry of any other Washington Superior Court the Administrator shall advise the Presiding Judge of such removal.

LMAR 1.1 APPLICATION OF RULES - PURPOSE AND DEFINITIONS The purpose of mandatory arbitration of civil actions under RCW 7.06 as implemented by the Superior Court The purpose of mandatory arbitration of civil actions under RCW 7.06 as implemented by the Superior Court Mandatory Arbitration Rules (MAR) is to provide a simplified and economical procedure for obtaining the prompt and equitable resolution of disputes involving claims of $100,000 or less. Claims in which the sole relief sought is the establishment, modification, or termination of maintenance or child support payments shall not be subject to mandatory arbitration. The Mandatory Arbitration Rules as supplemented by these local rules are not designed to address every question which may arise during the arbitration process, and the rules give considerable discretion to the arbitrator. The arbitrator should not hesitate to be informal and expeditious, consistent with the purpose of the statue and rules. [Adopted effective September 1, 2011; amended September 1, 2018]

LMAR 1.2 MATTERS SUBJECT TO ARBITRATION

By implementation of these rules the Superior Court of Washington for Cowlitz County authorizes mandatory arbitration under RCW 7.06.010, and approves such arbitrations in civil actions in which no party asserts a claim in excess of $100,000, exclusive of interest and costs under RCW 7.06.020 as amended, effective September 1, 2011.

[Adopted effective September 1, 2011; emergency amendment effective January 2019]

LMAR 2.1 TRANSFER TO ARBITRATION The contents of this item are only available on-line.

LMAR 2.3 ASSIGNMENT TO ARBITRATOR

(a) Generally, Stipulations. When a case is set for arbitration, a list of five proposed arbitrators will be furnished to the parties. A master list of arbitrators will be made available on request. The parties are encouraged to stipulate to an arbitrator using a form prescribed by the court. In the absence of a stipulation, the arbitrator will be chosen from among the five proposed arbitrators in the manner defined by this rule. (b) Response by Parties. Each party may, within fourteen (14) days after a list of proposed arbitrators has been furnished to the parties, nominate one (1) or two (2) arbitrators and strike two (2) arbitrators from the list. If both parties respond, an arbitrator nominated by both parties will be appointed. If no arbitrator has been nominated by both parties, a judge will appoint an arbitrator from among those not stricken by either party. (c) Response by Only One Party. If only one party responds within fourteen (14) days, a judge will appoint an arbitrator nominated by that party. (d) No Response. If neither party responds within fourteen (14) days, a judge will appoint one of the five proposed arbitrators. (e) Additional Arbitrators for Additional Parties. If there are more than two (2) adverse parties, all represented by different attorneys, two (2) additional proposed arbitrators shall be added to the list for each additional party so represented with the above principles of selection to be applied.

[Adopted effective September 1, 2011; amended effective September 1, 2012.]

LMAR 3.1 QUALIFICATIONS

(a) Minimum Qualifications. An arbitrator must be a member of the Washington State Bar Association who has been admitted to the Bar for a minimum of five (5) years, or who is a retired Washington State Judge or Commissioner and will conform to the Superior Court Policy and Procedures for MARs. By stipulation the parties to a case may agree to an arbitrator not on the Cowlitz County arbitration panel if the arbitrator so chosen is a duly qualified member of an arbitration panel established under Local Mandatory Arbitration Rules of another county in the state of Washington. The parties may stipulate to a non- lawyer arbitrator upon approval of a judge. (b) Application. A person desiring to serve as an arbitrator shall complete an application on a form prescribed by the court. The form shall contain a list of areas of law subject to arbitration whereby the applicant marks the area he/she is willing to be considered as an arbitrator. A copy of said application will be available upon request by any party considering the person as an arbitrator and will be mailed to a requesting party at the party's own expense. The oath of office on the form prescribed by the court must be completed and filed prior to an appointed applicant being placed on the arbitration panel. (c) Refusal, Disqualification. The appointment of an arbitrator is subject to the right of that person to refuse to serve. An arbitrator must notify the court administration immediately if refusing to serve or if any cause exists for the arbitrator's disqualification from the case upon any of the grounds of interest, relationship, bias or prejudice set forth in CJC Cannon (3) governing the disqualification of judges.

[Adopted effective September 1, 2011; Amended effective September 1, 2012; Amended September 1, 2015.]

LMAR 3.2 AUTHORITY OF ARBITRATORS

An arbitrator has the authority to: (a) Motions. Determine a reasonable time, place, and procedure to present a motion before the arbitrator, excluding motions for summary award and involuntary dismissal. (b) Expenses. Require a party or attorney advising such party or both to pay the reasonable expenses, including attorney's fees, caused by the failure of such party or attorney or both to obey an order of the arbitrator unless the arbitrator finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The arbitrator shall make a special award for such expenses and shall file such award with the clerk of the superior court, with proof of service on each party. The aggrieved party shall have ten (10) days thereafter to appeal the award of such expenses in accordance with the procedures described in RCW 2.24.050. If within ten (10) days after the award is filed no party appeals, a judgment shall be entered in a manner described generally under MAR 6.3. (c) Attorney's Fees. Award attorney's fees as authorized by these LMARs, by contract or by law.

Adopted effective September 1, 2011

LMAR 4.2 DISCOVERY (a) Additional Discovery. In determining when additional discovery beyond that directly authorized by MAR 4.2 is reasonably necessary, the arbitrator shall balance the benefits of discovery against the burdens and expenses. The arbitrator shall consider the nature and complexity of the case, the amount in controversy, values at stake, the discovery that has already occurred, the burdens on the party from whom discovery is sought, and the possibility of unfair surprise which may result if discovery is restricted. Authorized discovery shall be conducted in accordance with the superior court civil rules except that motions concerning discovery shall be determined by the arbitrator. (b) Discovery Pending. Discovery pending at the time the case is assigned to an arbitrator is stayed pending order from the arbitrator or except as the parties may stipulate or except as authorized by MAR 4.2.

Adopted effective September 1, 2011

LMAR 5.1 NOTICE OF HEARING - TIME AND PLACE - CONTINUANCE

An arbitration hearing may be scheduled at any reasonable time and place chosen by the arbitrator; except by stipulation with permission of the arbitrator, the hearing shall be scheduled to take place not later than ninety (90) days from the date of assignment to the arbitrator. The arbitrator may grant a continuance without court approval The arbitrator shall give reasonable notice of the hearing date on a Notice of Arbitration Hearing Date form approved by the court, and any continuance on an Order of Continuance of Arbitration Hearing Date form approved by the court to the court administration.

[Adopted effective September 1, 2011; amended effective September 1, 2012.]

LMAR 5.2 PREHEARING STATEMENT OF PROOF - DOCUMENTS FILED WITH THE COURT

Generally. In addition to the requirements of MAR 5.2, each party shall also furnish the arbitrator with copies of pleadings and other documents contained in the court file which that party deems relevant. The court file shall remain with the County Clerk. The arbitrator shall strictly enforce the provisions of MAR 5.2 and is encouraged to withhold permission to present evidence at the time of hearing if the parties have failed to comply with this rule.

[Adopted effective September 1, 2011; amended effective September 1, 2012.]

LMAR 6.1 FORM AND CONTENT OF AWARD

(a) Form. The award shall be prepared on an Arbitration Award approved by the court and filed with the county clerk along with proof of service on the parties. (b) Return of Exhibits. When an award is filed, the arbitrator shall return all exhibits to the parties who offered them during the hearing.

Adopted effective September 1, 2011

LMAR 6.2 FILING OF AWARD

A request by an arbitrator for an extension of time for the filing of an award shall be presented to the court administration, and may be extended up to an additional fourteen (14) days by a judge. The arbitrator shall give the parties notice of any extension granted. Recurring delays in the filing of awards will result in the removal of the arbitrator from the panel.

[Adopted effective September 1, 2011; amended effective September 1, 2012.]

LMAR 6.3 JUDGMENT ON AWARD

Presentation. A judgment on an award shall be presented at the ex parte docket, by any party, on notice in accordance with MAR 6.3 no sooner than twenty (20) days after the award is entered if no party has sought trial de novo.

[Adopted effective September 1, 2011; amended effective September 1, 2012.]

LMAR 7.1 REQUEST FOR TRIAL DE NOVO

Request. The Request for Trial de Novo and Sealing of Award shall be filed with the county clerk on such form as approved by the court. A copy shall be provided to the court administration.

[Adopted effective September 1, 2011; amended effective September 1, 2012.]

LMAR 8.1 STIPULATIONS - EFFECT ON RELIEF GRANTED

If a case not otherwise subject to mandatory arbitration is transferred to arbitration by stipulation, the arbitrator may grant any relief which could have been granted if the case were determined by a judge. Stipulated arbitrations are not governed by these rules unless expressly agreed to by the parties. Compensation of arbitrators performing stipulated arbitrations is the parties. Compensation of arbitrators performing stipulated arbitrations is the responsibility of the parties.

Adopted effective September 1, 2011

LMAR 8.4 TITLE AND CITATION

These rules are known and cited as the Cowlitz County Superior Court Mandatory Arbitration Rules. LMAR is the official abbreviation.

Adopted effective September 1, 2011

LMAR 8.5 COMPENSATION OF ARBITRATOR

(a) Generally. Arbitrators shall be compensated in the same amount and manner as judges pro tempore of the superior court. The maximum compensation is capped at the six hours times the applicable hourly rate as provided by the Administrative Office of the Courts, unless approved by a superior court judge. (b) Form. When the award is filed, the arbitrator shall submit to the court administrator two original requests for payment on a form prescribed by the court within sixty (60) days of the filing of the award. The court administration shall determine the amount of compensation and costs to be paid, subject to approval by a judge. Compensation to the arbitrator and cost reimbursement shall be pursuant to standards set and periodically revised by the court.

[Adopted effective September 1, 2011; amended effective September 1, 2012.]

LMAR 8.6 ADMINISTRATION

(a) Generally. The court administrator, under the superior court judges, shall supervise arbitration under these rules and perform any additional duties which may be delegated by the judges. (b) Administrative Committee. There shall be an administrative committee composed of two (2) judges chosen by the presiding judge and three members of the Washington State Bar Association chosen by the Cowlitz-Wahkiakum County Bar Association. The members of the committee shall serve for staggered three-year terms and may be re-appointed. (c) Powers and Duties. The administrative committee shall have the power and duty to: (1) Select its chairperson and provide for its procedures; (2) Make recommendations to the presiding judge for removal of a person from a panel of arbitrators. Such recommendation for removal must be in writing and state the basis for the request; (3) Review the administration and operation of the arbitration program periodically and make recommendations as it deems appropriate to improve the program.

Adopted effective September 1, 2011

RULE 2.4 HOW TO INITIATE AN APPEAL

(b) Filing Fee. (1) If the party seeking to appeal has had judgment rendered against him or her in an infraction or other civil matter and has not been declared indigent in a court of limited jurisdiction, any application for a waiver of filing fee in superior court must be approved by a judge of the superior court. The office of the county clerk will furnish application forms for such fee waiver.

[Amended effective September 1, 2005.]

RULE 2.6 CONTENT OF NOTICE OF APPEAL

(c) Designation of Claimed Errors. (1) Identification. The appealing party shall identify in writing, as to each claimed error, by reference to the numerical (digital) count on the electronic record as disclosed by the log, the beginning and the end of each portion of the recorded proceedings relevant to the claimed error.

RULE 93.05 ADOPTION HEARINGS

The following rules shall apply to all hearings in adoption matters. 1) In all uncontested hearings the requesting party shall note the matter and file all supporting pleadings and/or documents a minimum of five (5) court days prior to the day of hearing. 2) In all contested hearings: (a) Filing and Service of Motions, Responses, Replies, and Affidavits. Such matters shall not be heard unless affidavits are served and filed as required by this Rule and CR 6(a). (i) The moving party shall serve and file supporting affidavit(s) together with the petition and/or motion. (ii) Motions shall be filed and served upon all parties not later than nine (9) court days before the time specified for the hearing. Responses shall be filed and served on all parties not later than 3:00 p.m., four (4) court days before the time specified for the hearing. Replies shall be filed and served on all parties not later than 3:00 p.m., two (2) court days before the hearing. (iii) Pleadings filed later than 3:00 p.m. two (2) court days before the hearing may be considered if good cause for the delay appears within those pleadings. A copy of any pleading filed after 3:00 p.m. three (3) court days prior to the hearing must be given to the assigned judge. The clerk's office will not be responsible for getting late pleadings in the court file prior to hearing. The Court will not consider pleadings that are filed after 3:00 p.m. two (2) court days prior to hearing deadline if no copy is provided to the assigned judge. All bench copies must have in the upper right hand on the first page a notation of date, time and type of hearing/calendar docket. Practical Example of LCR 93.05 (b) Below is an example of the practical application of CCLCR 93.05 (b): Tuesday, May 1 - Moving party serves and files motion. Tuesday, May 8 - Responding party serves and files response. Thursday, May 10 - Moving party serves and files reply. Tuesday, May 15 - Hearing date.

(iv) Preparation and Presentation of Orders. All orders will be prepared by the moving party. The Court will set a presentation date at the time of the hearing on the motion. A Copy of the proposed order shall be provided to the Court and to the other party or his/her attorney not less than five (5) court days prior to the presentation date. Objections, along with the original proposed order, shall be filed with the Court by the objecting party not less than two (2) court days prior to the presentation date. (b) Adoption hearings anticipated to take more than fifteen (15) minutes must be scheduled through Superior Court administration.

[Adopted effective September 1, 2016]

RULE 3.12 TIMING OF FILING DOCUMENTS IN DEPENDENCY PROCEEDINGS (1) A written motion, other than one which may be heard ex parte, notice of the hearing thereof, and all other related pleadings, shall be served not later than five (5) court days before the time specified for the hearing, unless otherwise agreed by the parties. All responsive documents, as well as any reports or other documents to be filed, must be served on the parties and filed with the Clerk no later than 12 p.m. two (2) court days before the scheduled hearing. The Court may not consider any documents, agreed to by the parties or not, filed after this time unless it is an initial shelter care matter or there is a showing an emergency existed that necessitated a late filing of such documents.

[Effective September 1, 2017]

Douglas County Superior Court

Table of Rules

Preface Order Amending Local Court Rules for Douglas County

Local Rules LR 5 Service and Filing of Pleadings and Other Papers LR 7 Pleadings Allowed; Form of Motions LR 7(E) [Untitled] LR 8 Show Cause Orders LR 10 Form of Pleadings LR 16 Pretrial Procedure: Pretrial Conferences; Formulating Issues; Exhibits; Settlement Conferences. LR 32 Use of Depositions in Court Proceedings LR 37 Failure to Make Discovery; Sanctions LR 47 Jurors LR 49 Verdicts LR 52 Decisions, Findings and Conclusions LR 56 Summary Judgments LR 58 Entry of Judgments LR 59 Motion for Reconsideration LR 65 Injunctions LR 77 Superior Courts and Judicial Officers LR 78 Action Documents LR 80 Court Reporters LR 94.04 Marriage Dissolution Actions LR 94.04 - H Mandatory Parent Education Workshop LR 96.04 Change of Name of Stepchild LR 98.04 Estates - Probate LR 98.09A Guardianship Funds LR 98.10 Douglas County Superior Court Guardian Ad Litem Rotational Registry

Criminal Rules LCrR 1.2 Court Commissioner Authority LCrR 2.2 Warrant of Arrest and Summons LCrR 3.1 Right to and Assignment of Counsel LCrR 3.4 Court Appearance of Criminal Defendants LCrR 3.4(d)(2) [Untitled] LCrR 4.1 Proceduries Prior to Trial LCrR 4.2 Pleas and Continuances LCrR 4.5 Omnibus Hearings LCrR 7.2 Presentence Investigation LCrR 7.3 Payment of Costs

Mandatory Arbitration Rules LMAR 1.1 Application of Rules - Purpose and Definitions - Rescinded LMAR 1.3 Relationship to the Superior Court Jurisdiction and Other Rules - Motions LMAR 2.1 Transfer to Arbitration - Rescinded LMAR 2.3 Assignment to Arbitrator LMAR 3.1 Qualifications LMAR 4.2 Discovery LMAR 5.1 Notice of Hearing -- Time and Place -- Continuance LMAR 5.2 Prehearing Statement of Proof -- Documents Filed with the Court LMAR 5.3 Conduct of Hearing -- Witnesses -- Rules of Evidence LMAR 6.1 Form and Content of Award LMAR 6.2 Filing of Award LMAR 6.3 Judgment on Award LMAR 7.1 Request for Trial De Novo -- Calendar LMAR 7.2 Procedure at Trial LMAR 8.1 Stipulation -- Effect on Relief Granted LMAR 8.4 Title and Citation LMAR 8.5 Compensation of Arbitrator LMAR 8.6 Administration

Exhibits and Forms (in Word 97 or Acrobat Formats) LR 5 Exhibit A - Case Information Sheet - Acrobat Format LR 7 Exhibit A - Note for Motion LR 16 Appendix A - Order for Pretrial Conference LR 16 Appendix B - Pretrial Order Form LR 77 Exhibit A - How Holidays will affect the schedules Warrant Warrant in Aid of Writ of Habeas Corpus Order Order to Issue Writ of Habeas Corpus and Warrant in Aid of Writ Writ Writ of Habeas Corpus Declaration Declaration of Indigency LMAR 2.1(a)1 Form -- Note for Trial Setting and Initial Statement of Arbitrability - Rescinded LMAR 2.1(a)2 Form -- Response to Note for Trial Setting and Initial Statement of Arbitrability - Rescinded Arbitrability - Rescinded LMAR 2.1(b) Form -- Amended Statement of Arbitrability - Rescinded LMAR 2.1(c) Form -- Stipulation to Arbitration LMAR 2.3(a)1 Form -- Notice of Proposed Arbitrators LMAR 2.3(a)2 Form -- Stipulation to Arbitrator LMAR 5.1(a) Form -- Notice of Arbitration Hearing Date LMAR 5.1(b) Form -- Order of Continuance of Arbitration Hearing Date LMAR 5.3(e)1 Subpoena LMAR 5.3(e)2 Subpoena Duces Tecum LMAR 6.1(a) Arbitration Award LMAR 7.1 Form -- Request for Trial De Novo and for Clerk to Seal the Award

PREFACE

1. Promulgation. These rules shall be known as the Local Rules for the Superior Court of the State of Washington for Douglas County. Copies of these rules will be filed with the Clerk of the Court for Douglas County and will be distributed to all law offices in Chelan and Douglas Counties. Additional copies will be available at the office of the Clerks for Douglas County. These rules will be effective September 1, 1999, and supersede all prior rules of these courts. 2. Numbering. Consistent with CR 83(a), Washington Court Rules, these rules conform in numbering system and in format to those rules and facilitate the use of both. The number of each rule is preceded by the abbreviation "LR" designating the rule as local to these courts and supplemental to the corresponding Washington Court Rule. 3. Revisions and Additions. These rules have been prepared in loose-leaf form to facilitate revision, additions or deletions in the future by page without the necessity of republication.

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF DOUGLAS

In Re Special Rules of the ) ) Superior Court for Douglas County ) ORDER AMENDING LOCAL ) COURT RULES FOR ______) DOUGLAS COUNTY IT IS BY THE COURT ORDERED that LR 7(E) and LR 98.10, shall be added. IT IS FURTHER ORDERED BY THE COURT that LR 77, LR 80, LMAR 1.1, LMAR 2.1, LMAR 2.1(a)1, LMAR 2.1(a)2, and LMAR 2.1(b) shall be modified, and the Table of Contents be modified to including these changes, to the Douglas County Local Rules, as attached, and that the be adopted as permanent local rules, effective September 1, 2005.

DATED this _____ day of June 2005.

JOHN HOTCHKISS Judge of the Superior Court

LR 5 SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS (d) Filing. (5) Documents Not to be Filed. Photocopies of reported cases, statutes or texts shall not be filed as an appendix to a brief or otherwise but may be furnished directly to the judge hearing the matter. Documents or copies thereof produced during discovery and other items which should properly be received as exhibits rather than as a part of the court file shall not be included in the court file. (6) Case Information Cover Sheet. Each new civil and domestic case filing shall be accompanied by a Case Information Cover Sheet prepared and submitted by the party filing said new civil or domestic case. Attached as Exhibit A to this rule is the form of the Case Information Cover Sheet.

LR 7 PLEADINGS ALLOWED; FORM OF MOTIONS (b) Motions and Other Papers. (1) How Made. (A) Notes for Motion Calendar; Time for Filing. Any party desiring to bring any motion prior to trial, other than a motion for summary judgment, must file with the Clerk and serve all parties and the Judge at least five (5) court days before the date fixed for such hearing. A COPY OF THE MOTION AND ALL SUPPORTING DOCUMENTS SHALL BE DELIVERED TO THE DOUGLAS COUNTY COURTHOUSE OR MAILED TO THE JUDGE. THE MAILING ADDRESS FOR THE DOUGLAS COUNTY SUPERIOR COURT JUDGE IS P. O. BOX 488, WATERVILLE, WASHINGTON 98858. The documents should include a Note for Motion, the motion and supporting documents. (i) Note for Motion - Dissolution Actions. See Washington Pattern Form. (ii) Other Actions. The note must contain the title of the court; the date, the time when the same shall be heard; the words "Note for Motion", the names of the attorneys for all parties or parties pro se; the nature of the motion; and by whom the motion is made. Attached as Exhibit A to this Rule is an example form of a Note for Motion that may be used for Douglas County cases. Any sections of Exhibit A that do not apply to the particular motion may be deleted from the form prior to filing. This note for motion must be signed by the attorney or party pro se filing the same, with the designation of the party represented. The note or other document shall provide a certificate of mailing of all documents relating to the motion. Responding documents and briefs must be filed with the Clerk and copies served on all parties and the Judge of Douglas County, no later than noon (2) court days prior to the hearing. Copies of any additional responding or reply documents must be filed with the Clerk and served on all parties no later than noon of the court day prior to the hearing. (D) Late Filing; Terms. Any material offered at a time later than required by this rule, upon objection of counsel, may be rejected by the Court, or the matter may be continued and the court may impose appropriate terms or sanctions.

LR 7(E) (E) Filing by facsimile with the Court, and serving parties by facsimile, shall be pursuant to General Rule 17.

L 8 SHOW CAUSE ORDERS (g) Certified copies of show cause orders shall not be issued by the Clerk of the Court without payment in advance.

LR 10 FORM OF PLEADINGS Any document or correspondence presented to the Court for filing which does not have the correct cause number on the face of such document or correspondence may not be filed and may be returned to the presenter.

LR 16 PRETRIAL PROCEDURE AND FORMULATING ISSUES (c) Pre-Trial Conference. Any order for a pre-trial conference shall be in the form of and include the provisions as set forth in the Exhibit "A" attached to this rule. The pre-trial conference shall be held not less than two weeks prior to the trial date. (d) Pre-Trial Order. A pre-trial order in the form of Exhibit "B" attached to this rule shall be prepared by counsel within ten (10) days after the conclusion of the pre- trial conference. (e) Exhibits. Parties shall notify the trial judge and the opposing party by letter if that party anticipates offering 25 exhibits or more at time of trial. Said notice shall be given no less than 2 weeks prior to the trial date. (f) Settlement Conference. On Court's Motion. The court to which a case is assigned for trial may, upon its own motion after a trial date has been set, order a settlement conference in any pending case, and a settlement conference shall be held. (2) Order for Settlement Conference. Upon the entry of an order for a settlement conference, the judge shall fix a specific date and hour for the conference. (3) Preparation and Attendance. The attorney personally in charge of each party's case shall personally attend all settlement conferences and shall, not less than three (3) days prior to the date set for the settlement conference, serve on the assigned judge and the attorney for the opposing party a letter succinctly addressing the following: a. A brief factual summary; b. Issues regarding liability; c. Issues regarding damages, both special and general; d. History of any settlement negotiations; and e. Current position on settlement. Each attorney shall be prepared to discuss the foregoing in detail at the settlement conference. (4) Attendance of Parties. The parties shall in all cases attend the settlement conference. Parties whose defense is provided by a liability insurance company need not personally attend said settlement conference, but a representative of the insurer of such party, if such a representative is available in Chelan-Douglas counties, shall attend with sufficient authority to bind the insurer to a settlement. In the event such a representative is not available, counsel representing the party whose defense is provided by the insurer shall make a good faith effort to obtain settlement authority to bind the insurer to a settlement prior to the settlement conference. Attendance of any party may be excused by the court where by reason of health, or other good and sufficient reason, compelling his personal attendance would be unduly burdensome. Whether or not the attendance of any party is required shall rest in the discretion of the Judge. Request for excuse shall be made at least three (3) days prior to the hearing.

(5) Proceedings Privileged. Proceedings of said settlement conference shall, in all respects, be privileged and shall not be reported or recorded. No party shall be bound unless a settlement is reached. When a settlement has been reached, the judge may, at the request of any party, in his discretion, order the settlement to be reported or recorded. (6) Sanctions. Where a party has failed to comply with any of the provisions of this rule the court shall make such orders as are just which shall include the award of reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

LR 32 USE OF DEPOSITIONS IN COURT PROCEEDINGS (a) Use of Depositions. (6) Video Depositions. When presenting video depositions, a written deposition must also be filed. The videotape may be returned after the appeal period, regardless if it is published or not.

LR 37 FAILURE TO MAKE DISCOVERY; SANCTIONS (f) Completion of Discovery. Unless otherwise stipulated to by the parties, or ordered by the Court upon good cause shown and such terms and conditions as are just, all discovery allowed under CR 26 through 37, including responses and supplementations thereto, must be completed no later than 35 calendar days prior to the date assigned for trial. Nothing herein stated shall modify a party's responsibility to seasonably supplement responses to discovery requests or otherwise comply with discovery prior to the 35-day cutoff.

LR 47 JURORS (k) Counsel or the parties shall not contact or interview jurors or cause jurors to be contacted or interviewed after trial without first having been granted leave to do so by the Court.

LR 49 VERDICTS (l) Receiving Verdict During Absence of Counsel. A party or attorney desiring to be present at the return of the verdict must remain in attendance at the courthouse or be available by telephone call. If a party or attorney fails to appear within 20 minutes of telephone notice to the attorney's office, home or other number, the court may proceed to take the verdict in the absence of such party or attorney. In such case, the jury shall be individually polled and the identity of any dissenting jurors recorded.

LR 52 DECISIONS, FINDINGS AND CONCLUSIONS (a) through (e), Washington Court Rules (f) In all actions tried to the court, counsel for each party shall, two days prior to trial, provide the Court and opposing counsel with proposed findings of fact and conclusions of law. Provided, that proposed findings and conclusions are not required in domestic cases of any kind, except that the court may, at its discretion, require proposed findings and conclusions, in a particular case or the parties may voluntarily submit such findings and conclusions. (g) Time Limit for Presentation. In cases tried to the court, findings of fact, conclusions of law and a proposed judgment shall be presented within twenty (20) days of the court's oral or memorandum decision; provided however, that in the event post-trial motions are filed, the twenty (20) days shall run from the date of ruling on such motions. In the event that said findings of fact, conclusions of law and the proposed judgment are presented to the court in excess of twenty (20) days of the court's oral decision, the party presenting such findings of fact, conclusions of law and proposed judgment shall, if requested by the court, prepare and file a transcript of the court's oral decision.

LR 56 SUMMARY JUDGMENT (a) through (h), Washington Court Rules Special setting. Douglas County summary judgments shall be heard by the Judge of Douglas County. ALL MOTIONS FOR SUMMARY JUDGMENTS IN DOUGLAS COUNTY MUST BE SPECIAL SET. SPECIAL SETTINGS SHALL BE OBTAINED BY CALLING JUDGES' CHAMBERS IN DOUGLAS COUNTY (745-9063 or 884-9430) AND REQUESTING TO SET A MATTER ON THE JUDGE'S CALENDAR. (j) Service and Filing. A WORKING COPY FOR THE JUDGE OF THE MOTION, ALL SUPPORTING DOCUMENTS AND ALL RESPONDING DOCUMENTS SHALL BE DELIVERED TO THE COURTHOUSE OR MAILED TO THE JUDGE AT THE TIME OF FILING THE ORIGINALS. THE MAILING ADDRESS FOR THE JUDGE IS P. O. BOX 488, WATERVILLE, WASHINGTON 98858-0488. IF WORKING COPIES ARE NOT RECEIVED, THE JUDGE MAY STRIKE THE HEARING.

Where depositions or interrogatories are a part of the evidence relied upon, counsel's affidavits, briefs and arguments must cite the depositions or interrogatories by page and line. ANY MATERIAL OFFERED AT A TIME LATER THAN REQUIRED BY THIS RULE OVER OBJECTION OF COUNSEL SHALL NOT BE ACCEPTED AND CONSIDERED BY THE COURT EXCEPT UPON THE IMPOSITION OF APPROPRIATE TERMS OR SANCTIONS, INCLUDING THE RIGHT TO A CONTINUANCE IF REQUESTED. Any motion for summary judgment or responsive pleadings to a motion for summary judgment shall list and identify all evidence the Court should consider. (k) Confirmation. On any motion for summary judgment in Douglas County, counsel for the moving party shall contact the Court Administrator three court days preceding the date set for hearing and advise whether the motion will be heard. If notification is not made, the motion may be stricken for resetting.

LR 58 ENTRY OF JUDGMENT (m) Judgment on a Promissory Note. No judgment on a promissory note will be signed until the original note has been filed with the Clerk, absent proof of loss or destruction.

LR 59 MOTION FOR RECONSIDERATION (e) Hearing on Motion. (3) Nature of Hearing. (A) A motion for reconsideration or for a new trial shall be submitted on briefs and declarations or affidavits only, without oral argument, unless the trial judge, on application from counsel or on the judge's own motion, allows oral argument. The judge will notify counsel if oral argument is to be allowed. Copies of such motions for reconsideration, copy of note for motion calendar and responses thereto shall be delivered to the judge at the time of filing. (B) The scheduled hearing date will not ordinarily involve oral argument. However, it will be the earliest date that the court will consider the merits of the motion. In the event that oral argument has been allowed, counsel for the moving party shall notify the Clerk of the Court by noon, three days preceding the date set for hearing and advise whether the motion will be argued.

LR 65 INJUNCTIONS (b) TEMPORARY RESTRAINING ORDER; NOTICE; HEARING; DURATION. (1) Notice to Opponent. Failure to give notice as required by CR 65 may result in the imposition of terms and/or sanctions on the moving party.

LR 77 SUPERIOR COURTS AND JUDICIAL OFFICERS

(o) Court Calendar for Douglas County The Judge will hold Probate and Law and Motion Calendars the second and fourth Tuesday at 1:30 p.m. Adoption hearings will be held at 1:30 p.m., in Chambers, on the Law & Motion Calendar, Douglas County's Court schedule is as follows:

Monday: Criminal Calendar at 10:00 a.m. via video and 1:30 p.m. for in-person appearances

Tuesday: Domestic violence hearings: 1:00 p.m. 2nd and 4th Tuesdays: Civil Calendar at 1:30 p.m. 1st and 3rd Tuesdays: Truancies at 3:00 p.m. at District Court in East Wenatchee 3rd Tuesday: DV and Civil Calendar at 1:00 p.m. at District Court in East Wenatchee

Wednesday: 1st, 2nd and 3rd: Juvenile Calendar at 9:00 a.m. and 1:00 p.m. 4th Wednesday: Dependency Calendar at 9:00 a.m.

Thursday: 2nd and 4th Thursdays: Criminal trials at 9:00 a.m.

To obtain a special setting, contact the Court Administrator at 509-745-9063. A COURT REPORTER WILL NOT BE PROVIDED FOR ANY MATTER SCHEDULED ON ANY CALENDAR. ALL MATTERS WILL BE DIGITALLY AUDIO RECORDED. (a) Domestic Relations Show Cause hearings requiring more than 30 minutes will be scheduled by special setting. A COURT REPORTER WILL NOT BE PROVIDED FOR ANY MATTER SCHEDULED ON ANY CALENDAR. ALL MATTERS WILL BE DIGITALLY AUDIO RECORDED. (2) Holiday Scheduling - These Court schedules will be altered when affected by Holidays as set out in Exhibit A to this rule. (A) The Judge may by order further alter these court schedules as needed and as available courtroom space requires. (p) Ex parte matters and emergency orders and writs will be considered at the opening of court each day prior to the commencement of trial or the regular court calendar or at such other time as the judges and/or court commissioners are available. Non-emergency matters shall be left with the Clerk and the judges/commissioner will consider the same when available. (q) Special Settings. Any matter which will require more than ten minutes of argument per party shall be specially set at a time arranged with the Court.

LR 78 "ACTION" DOCUMENTS Pleadings or other papers requiring action on the part of the Clerk of the Court (other than filing, stamping, docketing and placing in the court file) shall constitute action documents. Action documents shall include a special caption directly below the case number on the first page such as "Clerk's Action Required". The specific action required of the Clerk shall be stated with particularity in the body of the pleading or other paper requiring action on the part of the Clerk.

LR 80 COURT REPORTERS

A court reporter will not be provided for any matter heard in Douglas County Superior Court. All matters will be digitally audio recorded. If any party wishes any matter to be reported by a court reporter, that party is responsible to provide a court reporter.

LR 94.04 MARRIAGE DISSOLUTION ACTIONS

A. NON-CONTESTED DISSOLUTION HEARINGS. (1) Hearing. Non-contested dissolution cases may be heard on a calendar set by the Superior Court Judge and Clerk. The days and times are set forth in LR 77. Non contested dissolution cases may also be presented to the Superior Court Judge in Chambers without the appearance of either party. For the Superior Court Judge to sign a non contested Decree of Dissolution, Legal Separation or other document, the parties must have executed all documents and have their signatures notarized, including any Joinder executed by the adverse party. The jurisdictional testimony and other testimony in support of the dissolution must be done in affidavit form and verified. (2) Note for Non-contested Calendar. A notice of hearing on the non-contested calendar must be filed with the Clerk at least three court days before the date of hearing. The Clerk shall not place any case on the non-contested calendar unless the file shows one of the following: (a) The opposing party has joined in the petition for dissolution of marriage and his or her signature is notarized on the joinder; or (b) The opposing party has waived notice or has signed a consent to hearing on the date noted; or (c) An order for default has been applied for or entered. The Clerk shall not place any case on the non-contested calendar unless proof is filed that summons was served more than ninety (90) days before the date selected for hearing or that the case has been on file more than ninety (90) days and both parties have submitted to the jurisdiction of the court. (3) Withdrawal of Consent. Before a decree is entered, a party may move to withdraw any consent or waiver previously given. Such motion must be supported by affidavit showing good cause and shall be noted for hearing on the show cause calendar. (4) Order of Non-contested Calendar. The order of the non-contested calendar will be as follows: (a) Matters where attorneys appear; (b) Pro se matters. (5) Entry of Decree. At the time of hearing of a non-contested dissolution case, the necessary documents to be signed must be presented to the court for signature. If signed they shall be filed with the Clerk forthwith. For good cause shown, the court may extend the time for presentation. (6) Disposition of Issues in Decree. No decree of dissolution shall be entered unless the decree disposes of all issues over which the court has jurisdiction relating to disposition of property and liabilities of the parties and support or maintenance of either spouse. For good cause shown, the court may in its discretion enter a decree of dissolution stating that it retains jurisdiction to dispose of issues relating to parenting and child support. B. CONTESTED DISSOLUTIONS. (1) Pretrial Forms. In all final hearings or trials in domestic relations matters, each party shall provide to the judge or commissioner and serve on the opposing party a written statement as to the issues in controversy at least three days prior to trial. The written statement may be in any form chosen by the attorney to convey the following: (a) A brief factual summary; (b) Issues in dispute [whether property, debts or custody]; (c) Case law, if it will be argued, supporting your position; (d) Proposed distribution of assets, debts and proposed parenting plan and child support amount, if in dispute; (e) Areas of agreement. If one of the parties is seeking maintenance or child support, both parties shall complete the financial declaration contained in Form A. If the parties are in dispute as to the distribution of assets and debts, both parties shall complete Form LC 94.04 Exhibit B. The pretrial forms shall not be filed with the Clerk. Unless explained otherwise by the parties, the values shown on the pretrial form for proposed distribution of assets shall be present cash value of any pension, retirement, profit sharing or other deferred benefit or financial security plan; the cash surrender value of all life insurance policies; the amounts of accounts receivable, inheritance due, and trust accounts; the fair market value of all other property including collections, antiques; and in the case of automobiles, the average between wholesale and retail blue book values. (2) Enforcement. If either party fails to comply with paragraph B(1) set forth above, the trial judge may order such party or his attorney to pay an appropriate attorney's fee to the opponent for any additional work or delay caused by the failure to comply. If either party fails to comply, the trial date may be stricken. (3) Continuances. Stipulations or motions to continue a case already on the trial calendar must be in writing, supported by a declaration showing sufficient in writing, supported by a declaration showing sufficient grounds for the requested continuance. The moving party shall present a written order for entry. C. CHILD CUSTODY OR PARENTING PLAN PROCEEDINGS (1) Parenting Plans. (a) Proposed, Temporary and Permanent Parenting plans shall be in the form required by State law. Proposed temporary parenting plans need not have the dispute resolution and decision making sections completed. D. DATING AND MAILING OF DECREES AND ORDERS. (1) When any decree or order is filed in a dissolution matter, the attorney for the party presenting the order, or the party if the matter is presented pro se, shall immediately deliver or mail to the opposing party to the opposing party's last known address, or to opposing counsel, a true copy of the decree or order with the date of entry indicated on each copy. A declaration of mailing of such true copy shall be filed. E. HEARINGS - SHOW CAUSE - PRELIMINARY AND TEMPORARY ORDERS. (1) Hearings. See Local Rule 77. (2) Hearing by Documentary Evidence. All show cause hearings pertaining to request for temporary support money and/or attorney's fees shall be heard and determined by documentary evidence only, unless the parties request that oral testimony be given and the court in its discretion agrees. (3) Supporting Worksheet. A motion for order to show cause for temporary support shall be supported by a child support worksheet in the form prescribed by state law and may also include a financial declaration in the form designated in Exhibit A attached to this rule. No order shall be signed setting a show cause hearing for temporary support unless the signed worksheet accompanies the motion. (4) Information Considered Notwithstanding Non-appearance. An affidavit or child support worksheet filed by a non-appearing respondent shall be considered by the court at the time of hearing on show cause hearings and upon hearing default dissolutions. F. DISPOSAL OF PROPOSED PARENTING PLAN. The Clerk is authorized to remove from the file and dispose of all proposed parenting plans after the Permanent Parenting Plan has been entered and the time for appeal has elapsed. In request to have law enforcement assist in procuring a child or individual that petitioner alleges is being held in violation of a court order, custody decree or other lawful proceeding shall be done by writ of habeas corpus. G. APPOINTMENT OF OPTIONAL GUARDIAN AD LITEM. (1) Optional Guardian Ad Litem. In any domestic relations matter the court may, upon its own motion, or motion of either party, appoint a guardian ad litem to represent the interests of any child, or children, of the parties. If any decree illegitimizes a child or may result in a child becoming illegitimate, the court may require that a guardian ad litem be appointed for the child. (2) Appointment. The guardian ad litem shall be appointed from the court-approved registry for Title 26 RCW. Said person shall have such powers, as granted by the court, to ascertain what is in the best interests of the child or children, and to take whatever steps the court deems appropriate to effectuate a result consistent with the best interest of the child or children. (3) Duties of Guardian Ad Litem. The court may direct the guardian ad litem to report to the court, either orally or in writing. The guardian ad litem has the right to attend and participate at trial or any other proceeding, and shall be given all other rights accorded a party, including notice. The guardian ad litem may be called as a witness at trial by either party, or the court. H. MANDATORY INFORMATION PROGRAM FOR PARENTS The Douglas County Superior Court finds that it is in the best interest of any child whose parents or custodians are involved in specific court proceedings to provide such parents with an educational workshop concerning the impact family restructuring has on their child. The workshop offers parents tools to help ensure that their child’s emotional needs will not be overlooked during the legal processes, to encourage parents to agree on child-related matters, and to aid in maximizing the use of court time. (1) Types of Proceedings Required. Each person named as a party in the following types of proceedings filed after January 1, 1999 must comply with Local Rule 94.04H: 1. Dissolution of Marriage with child(ren) under 18 years old; 2. Legal Separation or Declaration of Invalidity with child(ren) under 18 years old. 3. Petition to establish custody or visitation including paternity, and/or 4. Post-judgment petition involving custody or visitation.

(2) Service on Parties. The Clerk of the court shall provide a copy of this rule (LR 94.04H) to the initiating party for service upon all parties against whom relief is sought, together with a statement describing the program including contact telephone numbers, addresses, statement of costs, and an explanation of how to request a waiver or deferral of the program registration fee. (3) Mandatory. Each party who files an appearance in a proceeding of the types described above in Section (1) shall complete the program unless exempted by the court. No final order approving any residential or parenting plan shall be entered without proof of completion of such education program by the parents or legal guardians unless otherwise ordered by the court. (4) Ninety (90) Day Deadline. Each party shall attend and complete an approved parenting workshop within ninety (90) days of filing a proceeding specified in Section (1) above. (5) Exemption. The Court may exempt one or both parties from completion of the program if, after reviewing the requesting party’s motion and supporting affidavit, the Court determines that participation is unnecessary. (6) Approved Program. The parent education program sponsored by the Washington State University (WSU) Extension Service is an approved program. Other programs may be approved by application to the Court. (7) Proof of Completion. Upon completion of the program, the workshop provider shall issue a certificate of completion to each program participant. The certificate of completion shall be filed with the Clerk of the Court. (8) Non-Complying Parties – Attorney’s Fees Sanctions. A party who has completed the program shall have the right to request entry of an order from the court compelling the non- complying party’s completion of the program. Should the non- complying party fail to complete the program in a timely manner without good reason, the court shall enter an award of reasonable attorney fees incurred for obtaining an order for compliance in favor of the complying party who uses this option to force the non-complying party into compliance or other sanctions as set forth below. (9) Other Sanctions. If upon order of the court a non-complying party continues to refuse participation, the refusal may be considered by the Court in making its ruling on issues that are in dispute and/or may be grounds for contempt. (10) Fees. Each party shall pay the fee charged by the approved provider. The Court shall reduce the fee to fifteen dollars ($15.00) whenever the filing fee has been waived. The court may waive the entire fee upon special application to the Court.

WRIT OF HABEAS CORPUS – POLICIES AND PROCEDURES The following forms are adopted by this Local Rule of the Douglas County Superior Court: Order to Issue Writ of Habeas Corpus and Warrant in Aid of Writ Writ of Habeas Corpus Warrant in Aid of Writ of Habeas Corpus The text of the above forms may not be altered. Obsolete or altered forms will not be accepted by law enforcement. A Habeas Corpus must be commenced by the filing of a signed and verified Petition. The Petition must set forth the information required by RCW 7.36.030. A mandatory Petition form has not been adopted. The Order to Issue Writ must be signed by a Judge/Court Commissioner and filed with the clerk of the Superior Court. Obtain a certified copy of the Order to Issue Writ at the time of filing, as the certified copy will be necessary for the Sheriff’s office. Filing fees, writ fees and certified copy fees will be payable to the Clerk of the Court at that time. On filing the Order to Issue Writ, the Clerk of the Douglas County Superior Court will issue the Writ of Habeas Corpus and the Warrant in Aid of Writ of Habeas Corpus. The originals will be given to the petitioner’s attorney. The following must be provided to the Sheriff’s office: A certified copy of the Order to Issue Writ The original Writ of Habeas Corpus The original Warrant in Aid of Writ of Habeas Corpus Information Sheet, which contains information regarding the parties and child(ren) A copy of the Petition for Writ of Habeas Corpus A copy of the most recent Order or Decree which grants petitioner custody A recent photograph of the child(ren), if available A recent photograph of respondent, if available Payment of the base fee for service of the Writ. Mileage and additional services fees will be subsequently billed. A law enforcement interview of the petitioner or petitioner’s attorney is strongly encouraged in order to obtain information helpful towards locating the child(ren) and assuring officer safety. The petitioner, petitioner’s attorney, family members and private investigators may not accompany law enforcement during attempts to execute the Writ. When a child is recovered, both petitioner and respondent will be immediately notified by law enforcement. The child is then brought immediately before the Superior Court. A child will never be directed returned to the petitioner. If the Superior Court is not in session, then the child will be placed in temporary care through DSHS. Temporary care is avoided if at all possible and, unless specifically ordered by the Court, Writs are not served on weekends, holidays, or after Court hours.

RULE 94.04 H MANDATORY PARENT EDUCATION WORKSHOP

H. MANDATORY INFORMATION PROGRAM FOR PARENTS

The Douglas County Superior Court finds that it is in the best interest of any child whose parents or custodians are involved in specific court proceedings to provide such parents with an educational workshop concerning the impact family restructuring has on their child. The workshop offers parents tools to help ensure that their child’s emotional needs will not be overlooked during the legal processes, to encourage parents to agree on child-related matters, and to aid in maximizing the use of court time. (1) Types of Proceedings Required. Each person named as a party in the following types of proceedings filed after January 1, 1999 must comply with Local Rule 94.04H: 1. Dissolution of Marriage with child(ren) under 18 years old; 2. Legal Separation or Declaration of Invalidity with child(ren) under 18 years old. 3. Petition to establish custody or visitation including paternity, and/or 4. Post-judgment petition involving custody or visitation.

(2) Service on Parties. The Clerk of the court shall provide a copy of this rule (LR 94.04H) to the initiating party for service upon all parties against whom relief is sought, together with a statement describing the program including contact telephone numbers, addresses, statement of costs, and an explanation of how to request a waiver or deferral of the program registration fee. (3) Mandatory. Each party who files an appearance in a proceeding of the types described above in Section (1) shall complete the program unless exempted by the court. No final order approving any residential or parenting plan shall be entered without proof of completion of such education program by the parents or legal guardians unless otherwise ordered by the court. (4) Ninety (90) Day Deadline. Each party shall attend and complete an approved parenting workshop within ninety (90) days of filing a proceeding specified in Section (1) above. (5) Exemption. The Court may exempt one or both parties from completion of the program if, after reviewing the requesting party’s motion and supporting affidavit, the Court determines that participation is unnecessary. (6) Approved Program. The parent education program sponsored by the Washington State University (WSU) Extension Service is an approved program. Other programs may be approved by application to the Court. (7) Proof of Completion. Upon completion of the program, the workshop provider shall issue a certificate of completion to each program participant. The certificate of completion shall be filed with the Clerk of the Court. (8) Non-Complying Parties – Attorney’s Fees Sanctions. A party who has completed the program shall have the right to request entry of an order from the court compelling the non-complying party’s completion of the program. Should the non-complying party fail to complete the program in a timely manner without good reason, the court shall enter an award of reasonable attorney fees incurred for obtaining an order for compliance in favor of the complying party who uses this option to force the non-complying party into compliance or other sanctions as set forth below. (9) Other Sanctions. If upon order of the court a non-complying party continues to refuse participation, the refusal may be considered by the Court in making its ruling on issues that are in dispute and/or may be grounds for contempt. (10) Fees. Each party shall pay the fee charged by the approved provider. The Court shall reduce the fee to fifteen dollars ($15.00) whenever the filing fee has been waived. The court may waive the entire fee upon special application to the Court.

Adopted Effective September 1, 2002

LR 96.04 CHANGE OF NAME OF STEPCHILD When changing the name of a child under the age of 18 to the name of the child's stepfather, the petitioner shall give notice of such proceeding except as provided by statute to: a. The father, if the child has been born during marriage, or b. The father, if paternity is established, or c. Any other person with a paternal interest by virtue of an adoption. In addition, written consent shall be required of any child over 14 years of age.

LR 98.04 ESTATES - PROBATE A. Ex Parte. All probate matters that are not contested and in which notice is not required by statute, rule, or duly filed request for notice under R.C.W. 11.28.240 or where such notice has been waived, may be done ex parte. B. Contents of File for Ex Parte Presentation. The following documents will be presented before ex parte presentation. (1) Original will. (2) Affidavits of subscribing witnesses. (3) Certified copy of Death Certificate. (4) Order admitting will to probate or order appointing administrator if petition is by surviving spouse. (5) Petition for order of solvency if solvency is requested. (6) An inventory or partial inventory of assets and debts sufficient to prove solvency. (7) An order of solvency. C. Presentation by Mail. An original probate application may be presented by mail under the following conditions. (1) All documents required by 98.04(B) shall be presented in the mailing. (2) All documents shall bear the personal original signature of counsel or party pro se presenting same. (3) Covering Letter. All documents shall be accompanied by a covering letter of explanation personally signed by the presenter and shall request the Clerk to deliver the documents to a Judge or a Court Commissioner for signing. (4) Return Envelope. A self-addressed return envelope bearing sufficient postage paid shall be included for the return of any requested conformed copies.

LR 98.09A GUARDIANSHIP FUNDS In all guardianships in which the funds are held by the guardian as trustee for the ward, the funds shall be placed in a designated bank account and the passbook for such account shall be deposited with the Clerk of the Court and withdrawals made from such account only upon order of the Court. The tax identification number or social security number of the ward should be included in any order where the Clerk of the Court is required to invest funds.

LR 98.10 DOUGLAS COUNTY SUPERIOR COURT GUARDIAN AD LITEM ROTATIONAL REGISTRY (TITLES 11 AND 26)

SCOPE/PURPOSE This local rule covers the maintenance and administration of the Guardian ad Litem Registry maintained by the Registry Administrator. DEFINITIONS None. POLICY A. Registry Administration 1.1 The court shall maintain and administer the GAL registries. These registries are limited to Titles 11.88 and 26 GAL's. These requirements and procedures also apply to persons not listed on a registry who are appointed to serve as a Guardian ad Litem in a field for which there is a registry. 1.2 The Court shall maintain an application form and background information records pertaining to each person on a registry. Persons listed on the registry shall reapply and update background information annually on a date specified for the registry. All application and background information, with the exception of personal identifying information in family law cases and pending complaints, shall be available for public inspection. 1.3 Persons shall be selected to serve on the registry at the discretion of the Court giving due consideration to: (1) having a sufficient number of GAL's available to fulfill the requests for appointment; (2) achieving and maintaining diversity; and (3) retaining panels of persons with substantial experience and special knowledge within given fields. In some cases there may be more qualified applicants that will be needed or would benefit the program,so that not all persons applying will be selected. 1.4 The court shall periodically sponsor or approve training programs which registry applicants shall be required to attend to maintain and improve their level of proficiency. Training programs may be co-sponsored or offered by the state or local bar association under the oversight of the court. 1.5 The registry may be reconstituted periodically after and open application period has been announced. The court may allow additional applicants to be added to the registry periodically. 1.6 The court may impose an application processing fee and/or charge a fee for the training programs. B. Education and Experience Requirements 2.1 Attorneys a. Member of the Washington State Bar Association in good standing; and b. For initial placement on registry, completion of any training as required by statute. For retention on registry, completion of any continuing training, as may be required by statute or the court from time to time. 2.2 Non-attorneys a. For initial placement on registry, completion of any training as required by statute. For retention on registry, completion ofany continuing training, as may be required by statute or the court from time to time. b. Eligibility to be determined by the court.

C. Application Each person requesting to be listed on the Guardian Ad Litem Registry (or registries) shall annually submit an application on the current form provided by the court, which shall include the following: 3.1 The name, business address, and telephone number of the applicant. 3.2 The level of formal education of the applicant and, if the applicant is an attorney, the year admitted to practice in Washington State and any other States in which the attorney is licensed to practice. 3.3 A listing of training relating the GAL's duties. 3.4 The number of years experience as a GAL. 3.5 The number of appointments as a GAL and the County or Counties of appointment. 3.6 The applicant's criminal history as defined by RCW 9.94A.030. 3.7 Evidence of the person's knowledge, training, and experience. 3.8 A statement describing the nature, status, and outcome of any complaints, investigations, disciplinary actions, lawsuits, or liability claims lodged against the GAL related to the persons duties as a GAL and any orders for removal of the GAL entered prior to the completion of the GAL's duties for any reason other than a conflict of interest where the GAL had no prior knowledge that the conflict existed. 3.9 A description of the fees charged by the applicant (hourly rate and any required retainer) and a statement of the applicant's willingness to accept cases on a reduced fee basis. 3.10 Agreement to advise the court immediately in the event of any complaint, investigation, or action being commenced related to the applicants duties as a GAL in the instant or any other case which could lead to: 1. Discipline of the applicant; 2. The suspension or revocation of the applicant's professional license(s). 3.11 Agreement to advise the court immediately upon the filing of criminal charges for a felony or a crime involving allegations of theft, dishonesty, or moral turpitude. D. Appointment of a Guardian ad Litem from Registry 4.1 A party needing an appointment from a GAL registry shall serve a written request upon the Registry Administrator, who shall appoint as GAL that person whose name next appears on the registry on a rotational basis, subject to that person's acceptance of the appointment. 4.2 The person appointed by the Registry Administrator shall serve upon the parties a notice of appointment. E. Retention on Registry 5.1 Persons on the registry shall promptly inform the court of any temporary unavailability to serve, or of their intent to resign from the registry. 5.2 A person shall remain on the registry unless the person fails to maintain a current application with attachments or the person is removed or suspended as set forth in Section F. 5.3 A person may be denied listing on, or may be temporarily suspended from, the registry for any reason that places the suitability of the person to act as GAL in question. 5.4 A GAL who ceases to be on the registry and who still has active or incomplete cases shall immediately report this circumstance to the Registry Administrator, who shall reassign such cases. 5.5 A person's retention on the registry shall be reviewed upon the court's receipt of a complaint regarding performance in office or the court's receipt of adverse information regarding the suitability of a person to serve as a GAL. Complaints shall be reviewed in accordance with Section F. F. Complaint Procedure 6.1 There shall be a complaint review committee consisting of the Superior Court Presiding Judge, the Juvenile Court Administrator and a representative of the Chelan/Douglas Counties Bar Association. 6.2 All complaints must be in writing and must be submitted to the Superior Court Presiding Judge. 6.3 Upon receipt of a written complaint, the Presiding Judge shall convene the Complaint Review Committee within 10 business days to review the complaint. Upon review of the complaint, the complaint Review Committee shall either: a. Make a finding that the complaint has no merit on it's face, and decline to review the complaint and so inform the complainant; or b. Make a finding that the complaint does appear to have merit and request a written response from the GAL within 10 business days, detailing the specific issues in the complaint to which the Committee desires a response. The Committee shall provide the GAL with a copy of the original complaint. A GAL's failure to respond within the required 10 business days will result in the immediate suspension of the GAL from all registries. c. In considering whether the complaint has merit, the Complaint Review Committee shall consider whether the complaint alleges the GAL has: 1. Violated the code of conduct; 2. Misrepresented his or her qualifications to serve as GAL; 3. Not met the annual update requirements set forth in Paragraph 1.2 of this policy; 4. Breached the confidentiality of the parties; 5. Falsified information in a report to the court or in testimony before the court; 6. Failed to report abuse of a child; 7. Communicated with a judicial officer ex-parte; 8. Represented the court in a public forum without prior approval of the court; 9. Violated state or local laws, rules, or this policy in the person's capacity as a GAL; or, 10. Taken or failed to take any other action which would reasonably place the suitability of the person to serve as GAL in question. 6.4 Upon receipt of a written response to a complaint from the GAL, the Complaint Review Committee shall, within 10 business days, make a finding as to each of the issues delineated in the Committee's letter to the GAL that either there is no merit to the issues based upon the GAL's response or that there is merit to the issue. The Review Committee may, at their discretion, extended the time for entering findings to conduct additional investigation if necessary, however, in no case shall that extension be for more than 20 business days and the GAL shall be notified. 6.5 The Complaint Review Committee shall have the authority to issue a written admonishment, a written reprimand, refer the GAL to additional training, recommend to the court, upon it's own motion to remove the GAL from the instant case, or suspend or remove the GAL from the registry. In considering a response, the Committee shall take into consideration any prior complaints which resulted in an admonishment, reprimand, referral to training, removal of the GAL from a particular case, or suspension or removal from a registry. If a GAL is listed on more than one registry, the suspension or removal may apply to each registry the GAL is listed on at the discretion of the Committee. 6.6 The complainant and the GAL shall be notified in writing of the Committee's decision within 10 business days of receipt of the GAL response. 6.7 A GAL may, within 5 business days of receipt of notification that they have been suspended or review the Committee's decision. The court shall designate a hearing officer. The sole purpose of the hearing shall be to review the appropriateness of the suspension or removal from the registry. The hearing officer shall review the written record of the instant case and any prior complaints upon which the Committee relied and hear oral arguments from the GAL and a representative of the Committee. Said hearing shall be conducted within 20 days of the receipt of the request for the hearing. G. Payment of Guardian ad Litem 7.1 There shall be no payment of a GAL by anyone, except as authorized by order of the court. 7.2 Each order appointing GAL shall set forth the hourly rate of compensation for the investigative/legal work; source of payment, if determined; and unless waived, shall require the GAL to seek court authorization to provide services in excess of fifty hours per case, not including court appearances. 7.3 The order appointing a GAL may include a provision for a retainer fee, as evidenced by itemized accounting, shall be returned to the parties according to their proportionate responsibility for payment of the GAL. 7.4 All fee requests by the GAL submitted to the court shall contain time records, which distinguished investigative/legal, administrative/clerical, and travel time and shall also be served upon the parties. 7.5 GAL fees shall be the responsibility of a party or parties unless the court has entered and order authorizing payment at public expense. H. Appointment Procedures 8.1 Requesting Attorney - Send a letter to the registry administrator requesting the appointment of a GAL. The letter should state the name of the case the GAL is for, the case number, and a brief outlining of the case. The outline should provide sufficient information for the prospective GAL to make a determination as to whether or not he or she will accept the case. 8.2 Registry Administrator - The registry administrator will select the next available GAL appearing on the registry and fax or mail a Notice of Appointment to the GAL along with the letter received from the requesting attorney. a. Check the GAL Rotational Assignments list and determine who is to receive the next appointment. b. Check the GAL Appointment Summaries to determine the last appointment number assigned. c. Write in the next Appointment Number to the GAL to receive the assignment on the Rotational Assignment List. d. Complete a Notice of Appointment form and fax it to the GAL. e. Prepare and Assignment Summary Sheet. 8.3 Guardian Ad Litem - The GAL may contact the requesting attorney for more information. The GAL will return the Notice of Appointment to the Registry Administrator. If the GAL rejects the appointment or a conflict exists, the process goes back to step two. If the GAL accepts the appointment, the GAL shall comply with all the provisions of the appropriate RCW. 8.4 Registry Administrator - Upon return receipt of a Notice of Appointment, which has been accepted, the Registry Administrator shall forward a copy of the acceptance to the requesting attorney. 8.5 Requesting Attorney - Upon receipt of a Notice of Appointment that has been accepted, the requesting attorney shall see that an Order of Appointment is filed with the Court. A copy of the Order of Appointment shall be provided to the Registry Administrator.

Adopted Effective September 1, 2002

LRCrR 1.2 COURT COMMISSIONER AUTHORITY

In adult criminal cases, any Court Commissioner appointed to serve in the Douglas County Superior Court and qualified under Article 4, Section 23 of the Constitution of the State of Washington shall have the power, authority and jurisdiction, concurrent with the Superior Court Judges, to preside over arraignments, preliminary appearances, initial extradition hearings, and noncompliance proceedings pursuant to RCW 9.94A.200; to accept pleas; to appoint counsel; to make determinations of probable cause; to set, amend, and review conditions of pretrial release; to set bail; to set trial and hearing dates; to authorize continuances and to accept waivers of the right to speedy trial.

Adopted Effective September 1, 2002

LCrR 2.2 WARRANT OF ARREST AND SUMMONS c) Warrants and Fax Machine. Law enforcement officials in Douglas County may send by Fax machine a motion, affidavit and order for a search warrant or an arrest warrant to the Superior Court in Waterville. Upon authorization and entry by the Court, a signed copy of the order shall be sent back by Fax machine to the law enforcement official for execution. Each faxed document shall indicate the date and time sent. The original of the order shall be presented and signed at the earliest possible time for filing with the Court. Warrants sent by Fax machine to the Superior Court Judge for Douglas County shall be sent to Fax number (509)745-8027.

LCrR 3.1 RIGHT TO AND ASSIGNMENT OF COUNSEL Indigent defendants shall have counsel appointed to represent them in all criminal cases unless the right to counsel is waived. Indigency shall mean an inability to pay an attorney a reasonable fee for the services which appear to be required by reasons of the crime charged without substantial hardship to himself or his family. Defendants who request appointment of counsel may be required to promptly execute and file a financial disclosure under oath, which shall substantially comply with the form set forth in Exhibit A, or the defendant may be required to provide the information orally to the court. All appointments of counsel by reason of indigency are expressly contingent upon indigency and full disclosure of assets. Where income or assets are discovered or change subsequent to appointment which enable the defendant to afford counsel, or if the defendant can afford partial payment, fees may be ordered to be reimbursed to the court. Upon appointment of counsel for indigent criminal defendants or other litigants, the Clerk shall promptly provide counsel with notice of the appointment. Attorneys representing defendants in criminal cases, except when appointed by the Court, must serve prompt written notice of their employment upon the prosecuting attorney and file the same with the Clerk of the Court. To withdraw, an attorney must serve a motion to withdraw upon the prosecuting attorney, file the same with the Clerk of the Court, and note the same for a hearing. No withdrawal will be granted by the Court, except for cause deemed sufficient by the Court. Approval of withdrawal may, if necessary to prevent a continuance of a trial or hearing, be denied, and such attorney be required to proceed with the trial.

LCrR 3.4 COURT APPEARANCE OF CRIMINAL DEFENDANTS All preliminary and timely arrangements for the court appearance of any defendant held in custody shall be the responsibility of the deputy prosecutor in charge of the case, who shall advise the jail staff of the defendant's required appearance.

LRCrR 3.4(d)(2)

In criminal matters, in addition to those proceedings allowed by CrR 3.4(d)(1), all trial court proceedings, including, but not limited to, entry of a statement of Defendant on plea of guilty and sentencing, may be conducted by video conference by agreement of all parties in writing or on the record.

Adopted Effective September 1, 2002

LCrR 4.1 PROCEDURES PRIOR TO TRIAL Court commissioners shall have authority in all matters allowed by the Constitution of the State of Washington, case law, and statutes; including, but not limited to, the authority noted in RCW 2.24.040 to accept guilty pleas. [Effective June 8, 2000]

LCrR 4.2 PLEAS AND CONTINUANCES If a criminal case is set for trial but will be disposed of by a change of plea, the guilty plea shall be heard on or before the trial date. The court may authorize a continuance and hear the change of plea at a later date.

LCrR 4.5 OMNIBUS HEARINGS (d) Motions. All rulings of the Court at omnibus hearings or on motions shall be binding on the parties and shall not be relitigated at trial. (i) If there is no dispute regarding omnibus requests, the motion shall be signed by both parties and presented to the Court ex parte for signature before date of omnibus hearing.

LCrR 7.2 PRESENTENCE INVESTIGATION (a) When required; Time of Service. Unless otherwise directed by the Court, in all cases where a person is to be sentenced for commission of a felony, the prosecuting attorney and the defendant's attorney shall, not less than ten days before the sentencing date, serve a copy of any presentence report upon the opposing party, a copy to the sentencing Judge, and send the original to the Clerk of the Court. The Community Corrections Office shall serve a copy of its report upon the prosecuting attorney and the defense attorney and the original to the sentencing judge not less than ten days before the sentencing date. (b) Contents of Defendant's Report. The defendant's presentence report which requests a sentence outside of the standard range shall outline any proposed programs, specifically state, among the other details, what community resources are available for implementation of the program. If the defendant is not requesting a sentence outside of the standard range, the defense presentence report shall indicate the recommended sentence, the type of program that should be afforded the defendant, and reasons therefore.

(c) Penalties for Violation. A violation of this rule may result in the refusal of the Court to proceed with the sentencing until after reports have been served and filed as directed herein, and in the imposition of terms, or the Court may proceed to impose sentence without regard to the violation.

LCrR 7.3 PAYMENT OF COSTS In all criminal cases, except where the Court Order is to the contrary, the Judgment and Sentence shall provide that the Clerk shall disperse monies received from the criminal defendant in the following order: the criminal defendant in the following order: (a) Restitution (b) Crime Victims Compensation (c) Court Costs (d) Attorneys Fees (e) Drug Fund (f) Fines

LMAR 1.1 APPLICATION OF RULES - PURPOSE AND DEFINITIONS

Rescinded Effective September 1, 2015

LMAR 1.3 RELATIONSHIP TO THE SUPERIOR COURT JURISDICTION AND OTHER RULES - MOTIONS All motions before the Court relating to mandatory arbitration shall be noted on the civil motions calendar in accordance with Local Rule 77, except as otherwise provided in these rules arbitration.

LMAR 2.1 TRANSFER TO ARBITRATION

Rescinded Effective September 1, 2015

LMAR 2.3 ASSIGNMENT TO ARBITRATOR (a) Generally; Stipulations. When a case is set for arbitration, a list of five proposed arbitrators will be furnished to the parties.* A master list of arbitrators will be made available upon request. The parties are encouraged to stipulate to an arbitrator.** In the absence of a stipulation, the arbitrator will be chosen from among the five proposed arbitrators in the manner defined by this rule. (b) Response by Parties. Each party may, within 14 days after the list of proposed arbitrators is furnished to the parties, nominate one or two arbitrators and strike two arbitrators from the list. If both parties respond, an arbitrator nominated by both parties will be appointed. If no arbitrator has been nominated by both parties, the Arbitration Administrator will randomly appoint an arbitrator from among those not stricken by either party. (c) Response by Only One Party. If only one party responds within 14 days, the Arbitration Administrator will appoint an arbitrator nominated by that party. (d) No Response. If neither party responds within 14 days, the Arbitration Administrator will randomly appoint one of the five proposed arbitrators. (e) Additional Arbitrators for Additional Parties. If there are more than two adverse parties, all represented by different counsel, two additional proposed arbitrators shall be added to the list for each additional party so represented with the above principles of selection to be applied. The number of adverse parties shall be determined by the Arbitration Administrator, subject to review by the Presiding Judge. * Form LMAR 2.3(a)1 ** Form LMAR 2.3(a)2

LMAR 3.1 QUALIFICATIONS (a) Arbitration Panel. There shall be a panel of arbitrators in such numbers as the Superior Court Judge may from time to time determine. A person desiring to serve as an arbitrator shall complete an information sheet on the form prescribed by the Court. A list showing the names of arbitrators available to hear cases and the information sheets will be available for public inspection in the Arbitration Administrator's Office. The oath of office on the form prescribed by the Court must be completed and filed prior to an applicant being placed on the panel. (b) Refusal; Disqualification. The appointment of an arbitrator is subject to the right of that person to refuse to serve. An arbitrator must notify the Arbitration Administrator immediately if refusing to serve or if any cause exists for the arbitrator's disqualification from the case upon any of the grounds of interest, relationship, bias or prejudice set forth in CJC Cannon 3(c) governing the disqualification of judges. If disqualified, the Arbitrator must immediately return all materials in a case to the Arbitration Administrator.

LMAR 4.2 DISCOVERY In determining when additional discovery beyond that directly authorized by MAR 4.2 is reasonably necessary, the Arbitrator shall balance the benefits of discovery against the burdens and expenses. The Arbitrator shall consider the nature and complexity of the case, the amount of controversy, values at stake, the discovery that has already occurred, the burdens on the party from whom discovery is sought, and the possibility of unfair surprise which may result if discovery is restricted. Authorized discovery shall be conducted in accordance with the civil rules except that motions concerning discovery shall be determined by the Arbitrator.

LMAR 5.1 NOTICE OF HEARING - TIME AND PLACE - CONTINUANCE An arbitration hearing may be scheduled at any reasonable time and place chosen by the Arbitrator.* The Arbitrator may grant a continuance without court order. The parties may stipulate to a continuance only with the permission of the Arbitrator. The Arbitrator shall give reasonable notice of the hearing date and any continuance to the Arbitration Administrator.** *Form LMAR 5.1(a) **Form LMAR 5.1(b)

LMAR 5.2 PREHEARING STATEMENT OF PROOF - DOCUMENTS FILED WITH THE COURT In addition to the requirements of MAR 5.2, each party shall also furnish the Arbitrator with copies of pleadings and other documents contained in the court file which that party deems relevant. The court file shall remain with the County Clerk. The Arbitrator shall strictly enforce the provisions of MAR 5.2 and is encouraged to withhold permission to present evidence at time of hearing if the parties have failed to comply with this rule.

LMAR 5.3 CONDUCT OF HEARING - WITNESSES - RULES OF EVIDENCE (a) Oath or Affirmation. The Arbitrator shall place a witness under oath or affirmation before the witness presents testimony. (b) Recording. The hearing may be recorded electronically or otherwise by any party at his or her expense. (c) Certain Documents Presumed Admissible. The documents listed below, if relevant, are presumed admissible at an arbitration hearing, but only if (1) the party offering the document serves on all parties a notice, accompanied by a copy of the document and the name, address, and telephone number of its author or maker, at lease 14 days prior to the hearing in accordance with MAR 5.2; and (2) the party offering the document similarly furnishes all other parties with copies of all other related documents from the same author or maker. This rule does not restrict argument or proof relating to the weight of the evidence after hearing all of the evidence and the arguments of opposing parties. The documents presumed admissible under this rule are: 1. A bill, report, chart, or record of a hospital, doctor, dentist, registered nurse, licensed practical nurse, physical therapist, psychologist or other health care provider, on a letterhead or billhead; 2. A bill for drugs, medical appliances or other related expenses on a letterhead or billhead; 3. A bill for or an estimate of property damage on a letterhead or billhead. In the case of an estimate, the party intending to offer the estimate shall forward with the notice to the adverse party, a statement indicating whether or not the property was repaired, and if it was, whether the estimated repairs were made in full or in part, attaching a copy to the receipted bill showing the items of repair and the amount paid. 4. A police, weather, wage loss, or traffic signal report, or standard United States government life expectancy table to the extent it is admissible under the Rules of Evidence, but without the need for formal proof of authentication or identification; 5. A photograph, x-ray, drawing, map, blueprint or similar documentary evidence, to the extent it is admissible under the Rules of Evidence, but without the need for formal proof of authentication or identification; 6. The written statement of any other witness, including the written report of an expert witness, and including a statement of opinion which the witness would be allowed to express if testifying in person, if it is made by affidavit or by declaration under penalty of perjury; 7. A document not specifically covered by any of the foregoing provisions but having equivalent circumstantial guarantees of trustworthiness, the admission of which would serve the interests of justice. (e) Opposing Party May Subpoena Author or Maker as Witness. Any other party may subpoena the author or maker of a document admissible under this rule, at that party's expense, and examine the author or maker as if under cross-examination.*

*Form 5.3(e)1 or Form 5.3(e)2

LMAR 6.1 FORM AND CONTENT OF AWARD Form. The award shall be prepared on the form attached hereto. (b) Exhibits. All exhibits offered during the hearing shall accompany the award and be filed with the Clerk.

*Form LMAR 6.1(a)

LMAR 6.2 FILING OF AWARD

A request by an Arbitrator for an extension of time for the filing of an award under MAR 6.2 may be presented to the Judge, ex parte. The Arbitrator shall give the parties notice of any extension granted.

LMAR 6.3 JUDGMENT ON AWARD (a) Presentation. A judgment on an award shall be presented to the Judge, by any party, on notice in accordance with MAR 6.3.

LMAR 7.1 REQUEST FOR TRIAL DE NOVO - CALENDAR Every case transferred to the arbitration calendar shall maintain its position on the trial calendar as if the case had not been transferred to arbitration. A case that has been given a trial date will not lose that date by reason of being transferred to arbitration. The case shall be stricken from the trial calendar after the 20- day period within which a party may request a trial de novo has elapsed.

*Form LMAR 7.1

LMAR 7.2 PROCEDURE AT TRIAL The Clerk shall seal arbitration awards at the time they are filed.

LMAR 8.1 STIPULATION - EFFECT ON RELIEF GRANTED If a case not otherwise subject to mandatory arbitration is transferred to arbitration by stipulation, the Arbitrator may grant any relief which could have been granted if the case were determined by a judge.

LMAR 8.4 TITLE AND CITATION These rules are known and cited as the Douglas County Mandatory Arbitration Rules. LMAR is the official abbreviation.

LMAR 8.5 COMPENSATION OF ARBITRATOR (a) Generally. Arbitrators shall be compensated in the same amount and manner as Judges Pro Tempore of the Superior Court; provided, however, that said compensation shall not exceed $600.00 for any case unless prior approval is granted by a judge. Hearing time and reasonable preparation time are compensable. (b) Form. When the award is filed, the Arbitrator shall submit to the Court a request for payment on a form prescribed by the Court. The Judge shall determine the amount of compensation and costs to be paid.

LMAR 8.6 ADMINISTRATION The Arbitration Administrator, under the supervision of the Superior Court Judge, shall supervise arbitration under these rules and perform any additional duties which may be delegated by the judge.

LR 5 EXHIBIT A - CASE INFORMATION SHEET - ACROBAT FORMAT The contents of this item are only available on-line.

LR 7 EXHIBIT A - NOTE FOR MOTION The contents of this item are only available on-line.

LR 16 APPENDIX A - ORDER FOR PRETRIAL CONFERENCE The contents of this item are only available on-line.

LR 16 APPENDIX B - PRETRIAL ORDER FORM The contents of this item are only available on-line.

LR 77 EXHIBIT A - HOW HOLIDAYS WILL AFFECT THE SCHEDULES The contents of this item are only available on-line.

WARRANT WARRANT IN AID OF WRIT OF HABEAS CORPUS The contents of this item are only available on-line.

ORDER ORDER TO ISSUE WRIT OF HABEAS CORPUS AND WARRANT IN AID OF WRIT The contents of this item are only available on-line.

WRIT WRIT OF HABEAS CORPUS The contents of this item are only available on-line.

DECLARATION DECLARATION OF INDIGENCY The contents of this item are only available on-line.

SUPERIOR COURT OF WASHINGTON FOR DOUGLAS COUNTY NOTE FOR TRIAL SETTING AND INITIAL STATEMENT OF ARBITRABILITY

Form Rescinded Effective September 1, 2015

SUPERIOR COURT OF WASHINGTON FOR DOUGLAS COUNTY Response to Note for Trial Setting and Initial Statement of Arbitrability

Form Rescinded Effective September 1, 2015

SUPERIOR COURT OF WASHINGTON FOR DOUGLAS COUNTY AMENDED STATEMENT OF ARBITRABILITY

Form Rescinded Effective September 1, 2015

LMAR 2.1(C) FORM -- STIPULATION TO ARBITRATION The contents of this item are only available on-line.

LMAR 2.3(A)1 FORM -- NOTICE OF PROPOSED ARBITRATORS The contents of this item are only available on-line.

LMAR 2.3(A)2 FORM -- STIPULATION TO ARBITRATOR The contents of this item are only available on-line.

LMAR 5.1(A) FORM -- NOTICE OF ARBITRATION HEARING DATE The contents of this item are only available on-line.

LMAR 5.1(B) FORM -- ORDER OF CONTINUANCE OF ARBITRATION HEARING DATE The contents of this item are only available on-line.

LMAR 5.3(E)1 SUBPOENA The contents of this item are only available on-line.

LMAR 5.3(E)2 SUBPOENA DUCES TECUM The contents of this item are only available on-line.

LMAR 6.1(A) ARBITRATION AWARD The contents of this item are only available on-line.

LMAR 7.1 FORM -- REQUEST FOR TRIAL DE NOVO AND FOR CLERK TO SEAL THE AWARD The contents of this item are only available on-line.

Local Rules for the Superior Courts of Ferry, Pend Oreille and Stevens Counties Effective Date: September 1, 2018 Table Of Rules

Local Administrative Rules (Cite As LAR) LAR 1. Departments Of Court LAR 2. Court Schedule - Motions LAR 3. Court Organization And Management LAR 4. Juvenile Court And Family Law Department

Local Civil Rules (Cite As LCR) 1. Commencement Of Action; Service Of Process, Pleadings, Motions And Orders LCR 1. Hole-Punching LCR 5. Service And Filing Of Pleadings And Other Papers LCR 6. Time

2. Pleadings And Motions LCR 16. Pretrial Procedures And Formulating Issues

6. Trials LCR 40. Assignment Of Cases LCR 43. Taking Of Testimony LCR 47. Jurors LCR 49. Verdicts LCR 51. Instructions To Jury And Deliberation LCR 52. Decisions, Findings And Conclusions

7. Judgment LCR 54. Judgments And Costs LCR 56. Summary Judgment

8. Provisional And Final Remedies LCR 69. Execution

10. Superior Courts And Clerks. LCR 77. Superior Courts And Judicial Officers LCR 79. Books And Records Kept By The Clerk LCR 80. Reporting Of Court Proceedings 12. Special Matters LCR 93.04. Limitations on Declarations LCR 94.04. Domestic Relations Actions LCR 95.04. Mandatory Parent Education Workshop LCR 99. Local Rules Of Superior Court

Local Criminal Rules (Cite As LCrR) LCrR 3.1. Arraignment, Trial And Other Hearings LcrR 4.2. Superior Court Commissioner -- Authority in Adult Criminal Cases LCrR 6.1. Trial By Jury (rescinded)

Local Juvenile Court Rules (Cite As LJUCR) LJUCR 2.5. Amendment Of Shelter Care Order LJUCR 3.8. Disposition Hearings LJUCR 3.9. Review Hearings

Local Guardian Ad Litem Grievance Rules (Cite As LRGAL) LRGAL 1. Guardian Ad Litem Complaint Review Committee LRGAL 2. Submission Of Complaints LRGAL 3. Review Of Complaint LRGAL 4. Response And Findings LRGAL 5. Confidentiality LRGAL 6. Complaint Processing Time Standards LRGAL 7. Sanctions LRGAL 8. Request For Reconsideration By Guardian Ad Litem LRGAL 9. Maintaining Records Of Grievances LRGAL 10. Unavailability Of Presiding Judge

Local Rules For Appeal Of Decisions Of Courts Of Limited Jurisdiction (Cite As LRALJ) LRALJ 3.1. Procedure

LAR 1. DEPARTMENTS OF COURT

The Superior Courts of Stevens, Ferry and Pend Oreille Counties shall be divided into as many departments as there are judges authorized by law. The departments shall be numbered consecutively in the order of the creation, as follows: DEPARTMENT CREATED No. 1 June 13, 1860 No. 2 April 13, 1982

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

LAR 2. COURT SCHEDULE – MOTIONS

Motions and other pre-trial proceedings will be scheduled for hearing on a Law and Motion Docket, unless by prior arrangement through the court administrator. The calendar shall be prepared and published by the court administrator and the presiding judge or his/her designee- judge on a monthly basis for the ensuing six months, and shall be distributed to the attorneys in each county and made available to the public from the Clerks’ offices for each of the three counties. The Law and Motion Days and times may be changed by the court administrator as needed to accommodate the judges’ schedules, jury terms in each county, and caseload demands. Attorneys and parties are advised to consult the calendar, the County Clerk, or the court administrator to confirm Law and Motion Docket dates and times prior to noting a motion.

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

LAR 3. COURT MANAGEMENT

(a) General Management. The general management of the court shall be vested in the presiding judge under policy established by the judges at regular and special meetings. (b) Presiding Court Rotation. The presiding judge shall be selected, serve, and, if necessary, be removed in accordance with GR 29. In the event of the lack of a majority vote of the judges, the Supreme Court shall be requested to appoint a superior court judge from another jurisdiction to participate in the decision. (c) Duties of the Presiding Judge. The presiding judge’s responsibilities, duties and authority shall be as provided in GR 29 as now or hereafter amended.

(d) Duties of the Court Administrator. The court administrator shall assist the presiding judge in his or her administrative responsibilities. Subject to the general supervision of the presiding judge, the court administrator’s duties shall include: (1) Administrative control of all non-judicial activities of the court; (2) Case setting and trial calendar management; (3) Preparation and administration of the budget; (4) Coordination with state Administrative Office of the Courts; (5) Assisting the presiding judge in dealing with county governments, bar associations, news media and other public and private groups having a reasonable interest in the administration of the court; (6) Preparation of such reports and compilation of such statistics as may be required by the judges or state Administrative Office of the Courts; (7) Making recommendations to the judges for the improvement of the administration of the court.

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

LAR 4. JUVENILE COURT AND FAMILY LAW DEPARTMENT

Juvenile Department. There shall be a juvenile department of the court, in which shall be heard all matters arising under the juvenile court laws. Both judges are designated as judges of the juvenile and family courts. Each court commissioner of each of the three counties is authorized to hear juvenile cases and family law cases in his or her respective county in these departments as assigned by the presiding judge. See also LJuCRs below.

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

LCR 1 Hole-Punching Any document or combination of documents presented to the Stevens County Superior Court Clerk?s Office for filing in one or more cases which exceed fifty (50) pages in length must be presented with two pre-punched normal-sized holes, centered 2 ½ inches apart and 5/8 inches from the top of the paper. A two-hole punch will be available at the Stevens County Superior Court Clerk?s Office counter. [Adopted September 1, 2018]

LCR 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

(b)(2) Service by Mail, Facsimile or Email. (A) By Mail. See CR 5(b)(2)(A) and (B). (B) By Facsimile. Service by facsimile shall be allowed only under the following conditions consistent with GR17: (i) The party or attorney of record to whom service is delivered has a publicly available fax number or has given written consent to receive fax service to the sending party or attorney; (ii) The attorney or party sending the document via fax shall retain the original signed document until 60 days after completion of the case. Documents to be transmitted by fax shall bear the notation: "SENT on (DATE) VIA FAX FOR FILING IN COURT." (iii) Documents transmitted by fax shall be letter size (8-1/2 by 11 inches). Documents over 10 pages in length may not be served by fax without prior approval of the receiving party. (iv) Any document transmitted by fax must be accompanied by a fax transmittal sheet in a form that includes the case number (if any), case caption, number of pages, the sender's name, and the senders voice and facsimile telephone numbers. Transmittal sheets are not considered legal filings. (v) A document transmitted directly to the receiving party shall be deemed received at the time the receiving party's fax machine electronically registers the transmission of the first page, regardless of when final printing of the document occurs, except that a document received after the close of normal business hours shall be considered received the next judicial day. If a document is not completely transmitted, it will not be considered received. A document transmitted to another for filing with the clerk of the court will be deemed filed when presented to the clerk in the same manner as an original document. (vi) [Rescinded effective September 2, 2014] (vii) Facsimile Machine Not Required. Nothing in this rule shall require a party, an attorney or a Clerk of a court to have a facsimile machine. (C) By Email. Parties (or attorneys of record) may serve opposing parties by email only if they have written consent from the receiving party. Working copies may be emailed to the court as follows: (i) Any document (except original actions and personal restraint petitions) may be emailed as an attachment to an email message if: (a) The body of the email message to which the document is attached is no more than 100 words and includes: case name, case number, name, phone number, bar number and email address of the person sending the document; and does not include prohibited ex parte communications. (b) Any appendices attached to a brief, motion or pleading do not exceed a total of 25 pages. (c) The attached document complies with the Civil Rules, except where these protocols provide otherwise. (d) The attached document is subscribed with the name and bar number of the sender and the original signed document is retained in the sender's file. (e) The Email must be properly addressed to the email address provided by the court administrator for each of the counties in the judicial district. (f) The subject line must include "Working Copy for [Cause No.][Case Name] for Hearing on [Date of Hearing] before [Name of Judge]. (g) The date and time the email was sent must be evident on the received email and show on any printout of that email. (h) The email must also be sent as a courtesy copy to any other party that has an email address and has so requested by filing a Request for Email Copies in substantially the following form: "[Party Name] requests that all working copies emailed to the court under LCR5(b)(2) also be emailed to the above at the following email address: [Email Address]." (ii) No signature is required on an attached document, if all protocols are followed.

(iii) The date and time the attachment to email is deemed received will be no sooner than the date and time of actual filing of the document's original with the Clerk. (iv) The use of PDF format or Microsoft WORD is encouraged, but not required. If the conversion software used by the court is unable to convert a document, the party submitting the document will be notified to submit the document in written form. (i) Documents Not to Be Filed. In addition to the discovery material specified in CR 5(i), photocopies of reported cases, statutes or texts shall not be filed as an appendix to a brief or otherwise, but may be furnished directly to the judge hearing the matter; provided, any items submitted to the judge shall be provided to opposing parties or counsel at the same time.

[Adopted September 1, 1991; amended effective September 1, 2004; rescinded effective September 2, 2014.]

LCR 6. TIME. (d) Motions and Other Papers. (1) Scope of Rules. Except when specifically provided in another rule, this rule governs all motions in civil cases. See, for example, LCR 56 and LCR 94.04. (2) Dates of Filing, Hearing and Consideration. (A) Filing and Scheduling of Motion. The moving party shall serve and file all motion papers no later than six (6) court days before the date the party wishes the motion to be considered. A motion must be scheduled by a party for hearing on an appropriate motion docket for the type of matter to be heard. (B) Working Copies. The working copies of all papers shall be marked on the upper right corner of the first page with the date, time and county of hearing and the name of the judge. (i) HARD COPIES: Working copies of the motion and all papers in support or opposition, if provided, shall be delivered to the judge who is to hear the motion no later than the day they are to be served on all other parties, at 215 South Oak Street, #209, Colville, WA 99114, regardless of which county in which the motion is filed. (ii) ELECTRONIC COPIES: Email transmission is authorized for judge's working copies, provided that the email transmission of documents is done in a manner approved by the Stevens County Superior Court Clerk. The Clerk may assess a fee for the email submission of working copies. (C) Opposing Papers. Any party opposing a motion shall file the original responsive papers in opposition to a motion, serve copies on parties and deliver any working copies to the judge as in (B) above no later than 12:00 noon two court days before the date the motion is to be heard. (D) Reply. Any papers in strict reply shall be filed, copies served on parties, and any working copies delivered to the hearing judge as in (B) above no later than 12:00 noon on the court day before the date of the hearing. (E) Sanctions. Any material offered at a time later than required by this rule, and any reply material which is not in strict reply, will not be considered by the Court over objection of counsel except upon the imposition of appropriate sanctions, unless the Court orders otherwise.

[Adopted effective September 1, 2004; Amended effective September 2, 2014.]

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 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.]

LCR 40. ASSIGNMENT OF CASES

Notice of Trial and Certificate of Readiness. Any party desiring to bring an issue of fact to trial shall serve and file a properly completed Notice for Trial Setting and/or Settlement Conference and Certificate of Readiness on a form available from the court administrator. The party filing the Notice and Certificate shall, after conferring with opposing counsel, specify (a) whether a settlement conference is requested and (b) whether a short notice setting will be acceptable. An attorney noting a case for trial and any party or counsel of record who does not file a timely objection to trial setting thereby certifies that the case is at issue, that there has been reasonable opportunity for discovery, that discovery will be complete by the trial date, that necessary witnesses will be available, and that the time estimated for trial is accurate. Any party contending the case is not ready for trial or that the estimated length of trial is not correct shall serve and file a counter notice of trial or objection to trial setting and notice of argument thereon within five (5) days of the date of service of the notice for trial setting which objection shall be noted for hearing on the next Law and Motion day.

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

LCR 43. TAKING OF TESTIMONY

(a) Testimony. (3) Excusing Witnesses. A witness under subpoena is excused from further attendance as soon as testimony has been given, unless either party makes request in open court that the witness remain in attendance or be subject to recall. Witness fees will not be allowed on subsequent days unless the court has required the witness to remain in attendance, which fact shall be noted by the clerk in the court. (4) Telephonic Testimony. Witnesses may not testify telephonically except upon prior court approval. (e) Evidence on Motions. (1) Generally. Motions for temporary support, attorney’s fees and costs, restraining orders, injunctions, to dissolve injunctions and to quash or dissolve attachments shall be heard only on the pleadings, affidavits or declarations, published depositions and other papers filed unless the court otherwise directs.

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

LCR 47. JURORS

(e) Challenge. (9) Peremptory Challenges. The exercise or waiver of peremptory challenges shall be noted silently. (k) Statement of Case. Each party in a civil case shall submit a brief statement of the case suitable to be read to the jury before the voir dire examination.

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

LCR 49. VERDICTS

(k) Receiving Verdict During Absence of Counsel. A party or attorney desiring to be present at the return of the verdict must remain in attendance at the courthouse or be available by telephone call. If a party or attorney fails to appear within 20 minutes of telephone notice to the attorney’s office, home or other number, the court may proceed to take the verdict in the absence of such party or attorney. In such case the jury shall be individually polled and the identity of any dissenting jurors recorded.

[Adopted effective September 1, 1991.]

LCR 51. INSTRUCTIONS TO JURY AND DELIBERATION

(a) Submission. Each party shall file with the Clerk the original proposed instructions, numbered and with citations, and shall provide the judge with one copy numbered and with citations and one copy unnumbered and without citations. One copy, numbered and with citations, shall be served on each other party.

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

LCR 52. DECISIONS, FINDINGS AND CONCLUSIONS

(a) Requirements. (6) Time. Unless the judge has included formal findings of fact and conclusions of law in a written opinion or memorandum of decision pursuant to CR 52(a)(4) or they are otherwise unnecessary by reason of CR 52(a)(5), the attorney of record for the prevailing party shall prepare proposed findings of fact and conclusions of law, along with the proposed form of decree, order or judgment as required by CR 54(e). At the time of the decision the court shall enter an order fixing a date by which the proposed findings, conclusions and decree, order or judgment shall be prepared and served and establishing a date of presentation.

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

LCR 54. JUDGMENTS AND COSTS

(f) Presentation. (3) Method – Ex Parte Judgments and Orders. Counsel presenting a judgment or seeking entry of an order shall be responsible to see that all papers pertaining thereto are filed and that the court file is provided to the judge by the Clerk. Counsel may present routine ex parte or stipulated matters based on the record in the file by mail addressed to the Clerk. Self- addressed, stamped envelopes shall be provided for return of any conformed materials and/or rejected orders, and the appropriate ex parte fee shall be submitted prior to presentation.

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

LCR 56. SUMMARY JUDGMENT

(c ) Motion and Proceedings. In the event a motion for summary judgment, partial summary judgment or dismissal is to be argued, counsel for the moving party is required to confirm the motion with the court administrator by telephone by 4:30 p.m. at least four (4) court days before the hearing. Working copies of the motions, all accompanying documents, and all responsive and reply papers, shall be provided by the respective parties to the judge at the time of filing at 215 South Oak, #209, Colville, WA 99114, regardless of the county in which the motion is filed.

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

LCR 69. EXECUTION

(a) Procedure – Delinquent Support. No writ of execution or attachment shall be issued for the collection of delinquent child support or spousal maintenance until a judgment determining the amount due has been entered. (b) Supplemental Proceedings. In all supplemental proceedings wherein a show cause order is issued requiring the personal attendance of the party to be examined in open court and in orders to show cause in re contempt, the order to show cause must include the following words in capital letters: YOUR FAILURE TO APPEAR AS SET FORTH AT THE TIME, DATE AND PLACE SET FORTH IN THIS ORDER MAY CAUSE THE COURT TO ISSUE A BENCH WARRANT FOR YOUR APPEHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE MATTER CAN BE HEARD, UNLESS BAIL IS FURNISHED AS PROVIDED IN SUCH WARRANT. The failure to include such wording will be grounds for the court to refuse to issue a bench warrant for the apprehension of such person.

[Adopted effective September 1, 1991.]

LCR 77. SUPERIOR COURTS AND JUDICIAL OFFICERS

(o) Conference Calls. Motions or other matters may not, without the advance approval of the court, be heard by conference call. The specific time shall be arranged with the court administrator. Conference calls are discouraged for Law and Motion Docket days. Conference calls will be recorded only at the request of either party made to the court administrator at the time of scheduling the call. (p) Trial Status. Not less than ten (10) days prior to any scheduled trial, each counsel or self-represented party shall contact the court administrator to advise the status of the case and of settlement negotiations, if any, and whether it is anticipated trial will take place as scheduled.

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

LCR 79. BOOKS AND RECORDS KEPT BY THE CLERK

(g) Other Books and Records of Clerk. (1) Exhibits. Exhibits shall be kept separately from the court file. Any inspection of an exhibit must be in the presence of the clerk or a deputy clerk unless authorized by a court order. (2) Rejection of Unsuitable Materials. The Clerk shall not accept for filing in the court file material which should be filed as an exhibit or other materials not to be included by reason of CR 5(i) and LCR 5(i). When the Clerk is uncertain as to whether material is suitable for filing, he or she shall seek the advice of the presiding judge before filing the same. (3) Return of Contraband Exhibits. When contraband, alcoholic beverages, tobacco products, controlled substances or fish or wildlife parts are being held by the Clerk as part of the records and files in any criminal case, and all proceedings in the case have been completed, the court may order the Clerk to deliver such contraband or substances to an authorized representative of the law enforcement agency initiating the prosecution for disposition according to law. The Clerk shall then deliver the contraband and take from the law enforcement agency a receipt which shall be filed in the case. The Clerk shall also file any certificate issued by an authorized federal or state agency and received by the Clerk showing the nature of such contraband or substances. (4) Return of Administrative Record on Appeal. When a case for review of an administrative record is finally completed, the Clerk shall treat the administrative record as an exhibit. The Clerk shall return the administrative record to the officer or agency certifying the same to the Court. (h) At the discretion of the Clerk, a file may be removed from the courthouse by a resident attorney, a representative of a title company with proper authorization, or a judicial officer. Authorization for an attorney to remove a file from the courthouse may be given in writing by the Clerk or Clerk’s deputy and shall not exceed two (2) court days. Files may be withdrawn to be taken to a courtroom by the following persons: judicial officers, deputy clerks, bailiffs, the court administrator or his/her staff, and resident attorneys. In instances of mail or telephonic requests by non- resident attorneys, the file will be mailed by certified mail to the Clerk of the county where such applicant attorney is a resident. All costs of mailing shall be borne by the applicant attorney. All files so withdrawn must be returned to the Clerk’s office within the period specified by the Clerk, but in no event will this period exceed two (2) court days. The court may, upon written application showing cause therefor, authorize the withdrawal of specified Clerk’s files for a period in excess of tow (2) court days. Any person found in violation of the provisions of this rule shall be subject to sanctions as ordered by the court.

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

LCR 80. REPORTING OF COURT PROCEEDINGS

(c ) General Reporting Requirements. (1) Electronic Recording. All proceedings required to be on the record shall be recorded by electronic recording pursuant to CR 80. The original tapes or compact disks shall be kept by the clerk of the court. (2) Oral Decision. Oral decisions or rulings by a judge which are transcribed shall first be submitted to the judge for review prior to delivery and a final copy shall be furnished to the judge for his/her file. (3) Transcripts. With the exception of transcripts provided under RALJ 6.3A, the official transcript or verbatim report of proceedings of any matters shall be prepared by or under the direction of the court administrator. Anyone wishing to order an official transcript or verbatim report of proceedings shall make such request to the court administrator and shall at the same time make arrangements for payment thereof. With the exception of RALJ appeal matters, transcripts or verbatim reports of proceedings not obtained through the court administrator are subject to being stricken from the record upon the request of any party or on the court’s own motion.

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

LCR 93.04 LIMITATIONS ON DECLARATIONS (a) Application. This rule shall apply to all family law motions, motions in paternity actions and actions to establishresidential schedule, and domestic violence and anti-harassment hearings. (b) Formats. (1) All motions and pleadings in support thereof, shall use mandatory forms where applicable, follow the format required by GR 14, and meet the requirements of GR 31. (2) All declarations shall contain information that provides the court with foundational information such as the name of the declarant, relationship to one or both of the parties, age, education, city and state of residence, and occupation. This information shall be provided in summary fashion at the beginning of each declaration. (3) All filed documents shall be legible. If typed or computer printed, documents shall be in 11 point or larger type and double-spaced. (c) Page limitations. All exhibits attached to any declaration or affidavit shall be counted toward the page limit. Absent prior authorization from the court, the entirety of all declarations and affidavits from the parties and any non-expert witnesses in support of motions, including any reply, shall be limited to a total of 25 pages. The entirety of all declarations and affidavits submitted in response to motions shall be limited to a sum total of 20 pages. This rule shall be qualified as follows: (1) Expert Reports and Evaluations. Declarations, affidavits, and reports from Guardians ad litem and similar expert witnesses shall not count toward the above page limit. (2) Financial declarations. The above page limits shall not apply to basic pleadings and financial declarations. Financial declarations, including all exhibits, shall be limited to 25 pages. (d) Children's Statements. Unless prior permission of the court is obtained, the parties shall not submit declarations by minors. (e) Non-Compliance. The court may, in its discretion, assess terms and/or sanctions, including refusing to consider those materials that violate this rule.

[Adopted September 1, 2017]

LCR 94.04 DOMESTIC RELATIONS ACTIONS.

(a) Preliminary and Temporary Orders. (1) Affidavit or Declaration of Financial Affairs. A party applying for temporary support, maintenance, debt or income- producing property allocation, attorney’s fees or other financial relief pending trial must serve and file with his or her motion an affidavit or declaration under penalty of perjury respecting financial affairs. The responding party, if contesting the motion, shall likewise submit such an affidavit or declaration which shall be served and filed. The notice of hearing or show cause order shall notify the responding party of this requirement. (b) Ex Parte Hearing. Non-contested actions for marriage dissolution, separation or invalidity decrees, and paternity decrees, which have been approved for entry by all parties or their counsel may be presented for final hearing before the judge assigned to hear ex parte matters on any regular court day. Except as required by the judge or judicial officer reviewing the proposed decree, oral testimony will not be required at such hearings. The attorney or party shall request that the clerk present the original court file to the ex parte judge at the time of presentment, together with the proposed findings of fact, conclusions of law and decree. Presentation of such agreed decrees may be by mail to the Clerk of the Court. The appropriate ex parte fee and return, postage paid and pre- addressed envelopes for any conformed copies shall be submitted prior to presentation. The person submitting the ex parte request shall assure proof of compliance with LCR 95.04, if applicable.

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

LCR 95.04 MANDATORY PARENT EDUCATION WORKSHOP

The Ferry, Stevens and Pend Oreille Counties Superior Courts find that it is in the best interest of any child whose parents or custodians are involved in specific court proceedings to provide such parents with an educational workshop concerning the impact family restructuring has on their child. The workshop offers parents tools to help ensure that their child's emotional needs will not be overlooked during the legal processes, to encourage parents to agree on child-related matters, and to aid in maximizing the use of court time. (1) Types of Proceedings Required. Each person named as a party in the following types of proceedings filed after October 1, 1999, must comply with Local Rule 95.04: 1. Dissolution of marriage with child(ren) under 18 years old; 2. Legal separation or declaration of invalidity of marriage with child(ren) under 18 years old; 3. Petition to establish custody or visitation including paternity; and/or 4. Post-judgment petition involving custody or visitation. (2) Service on Parties. The Clerk of the Court shall provide a copy of this rule (LR 95.04) in a conspicuous place together with information from court approved parenting education providers. (3) Mandatory. Each party who files an appearance in a proceeding of the types described above in Section (1) shall complete the program unless exempted by the court. No final order approving any residential or parenting plan shall be entered without proof of completion of such education program by the parents or legal guardians unless otherwise ordered by the court. (4) Ninety (90) Day Deadline. Each party shall attend and complete an approved parenting workshop within ninety (90) days of filing a proceeding specified in Section (1) above. (5) Exemption. The Court may exempt one or both parties from completion of the program if, after reviewing the requesting party's motion and supporting affidavit, the Court determines that participation is unnecessary. (6) [Rescinded September 2, 2014.] (7) Proof of Completion. Upon completion of the parenting education program, each program participant shall file the certificate of completion with the Clerk of the Court. (8) Non-Complying Parties - Attorney's Fees Sanctions. A party who has completed the program shall have the right to request entry of an order from the court compelling the non-complying party's completion of the program. Should the non-complying party fail to complete the program in a timely manner without good reason, the court shall enter an award of reasonable attorney's fees and costs incurred for obtaining an order for compliance in favor of the complying party who uses this option to force the non-complying party into compliance. Other sanctions as set forth in Section (9) below may also be ordered. (9) Other Sanctions. If upon order of the court a non-complying party continues to refuse participation, the refusal may be considered by the court in making its rulings on issues which are in dispute and may be grounds for contempt, striking of pleadings, and/or default. (10) [Rescinded September 2, 2014.]

[Adopted effective September 1, 1999.; amended effective September 2, 2014.]]

LCR 99. LOCAL RULES OF SUPERIOR COURT

Local Rules Committee. There shall be a standing rules committee composed of the presiding judge (or his/her designee), at least two members of the bar from the tri-county judicial district, and one of the three County Clerks. The rules committee will meet as determined by the presiding judge.

[Adopted September 1, 1991; amended effective September 1, 2004; amended effective September 2, 2014.]

LCrR 3.1. ARRAIGNMENT, TRIAL AND OTHER HEARINGS.

(a) Arraignment Order. Criminal trials shall be set at the time of arraignment. At the same time, the court shall schedule an omnibus hearing and a trial status conference. The order on arraignment shall specify whether defendant shall be required to appear at omnibus hearing. (b) Omnibus Hearing. Unless an agreed omnibus order has been submitted by both sides prior to or at the time of the omnibus hearing, defendant’s attorney of record shall appear personally at the omnibus hearing. If the order on arraignment has required defendant’s personal attendance at omnibus, defendant shall personally appear, or a bench warrant may issue. (c) Status Hearing. Both defendant and defendant’s attorney of record shall appear personally at the status hearing. Failure to appear at status hearing is grounds for sanctions and/or issuance of a bench warrant for defendant’s arrest.

[Adopted effective September 1, 2004.]

LCrR 4.2 Superior Court Commissioners - Authority in Adult Criminal Cases In adult criminal cases, Superior Court Commissioners have the power, authority, and jurisdiction set forth in RCW 2.24.040 (15). Superior Court Commissioners qualified under Article 4, Section 23 of the Washington State Constitution are hereby specifically authorized to accept and enter pleas of guilty in accordance with CrR 4.2. [Adopted September 1, 2018]

LCrR 6.1 Trial by Jury [Adopted September 1, 2004; Rescinded effective September 1, 2018.]

LJuCR 2.5. AMENDMENT OF SHELTER CARE ORDER.

Hearings to review an existing shelter care order shall be set for hearing no later than thirty (30) days after the prior shelter care hearing. When the Department of Social and Health Services is the petitioner, the Department shall submit for entry a continuing shelter care order, maintaining the existing orders, no more than three (3) judicial days prior to the date of the shelter care review hearing unless: (1) a party files and serves an objection to continued shelter care on or before three (3) judicial days prior to the hearing date for the shelter care review hearing; (2) any party formally notes a shelter care hearing; or (3) the entry of a court order (such as an order of dependency) has made continued shelter care unnecessary.

[Adopted effective September 1, 2004.]

LJuCR 3.8. DISPOSITION HEARINGS. (c) Evidence. At disposition, review and permanency planning hearings, the court shall consider the social file, social study (Individual Service and Safety Plan), and other appropriate predisposition studies, including diagnostic, treatment and progress reports and recommendations from service providers who have provided services to parties under prior court order. Any predisposition study shall be made available to the other parties a reasonable time prior to the hearing.

[Adopted effective September 1, 2004.]

LJuCR 3.9. REVIEW HEARINGS.

(a) Testimony. All contested review hearings, including permanency planning reviews, shall be held without oral testimony, unless a motion is properly and timely made by a party with due notice to all other parties, and the motion is granted by the court to allow oral testimony. The parties may present further evidence in written affidavit or declaration form, and the social file and other appropriate diagnostic, treatment and progress reports and recommendations from service providers shall also be considered at the request of any party. Any written materials shall be made available to the other parties at a reasonable time prior to the hearing. (b) Parties to Be Heard. Unless the court orders further testimony pursuant to subsection (a) above, the only persons who may be heard at review hearings shall be the current caseworker, the parent(s) or guardian/custodian of the child, the guardian ad litem, and any foster or relative caregiver entitled to an opportunity to be heard under state or federal law.

[Adopted effective September 1, 2004.]

LRGAL 1. GUARDIAN AD LITEM COMPLAINT REVIEW COMMITTEE.

There shall be a complaint review committee (hereinafter referred to as the “committee”), consisting of a judge, as designated by the presiding judge, the court administrator or Clerk, and a representative of the county bar association designated by its president, to administer complaints about guardians ad litem involved in Titles 11, 13 and 26 RCW.

[Adopted effective September 1, 2004.]

LRGAL 2. SUBMISSION OF COMPLAINTS.

AAll complaints shall be in writing, signed by at least one individual with his/her address and phone number, and submitted to the court administrator.

[Adopted effective September 1, 2004.]

LRGAL 3. REVIEW OF COMPLAINT.

Upon receipt of a written complaint, the court administrator shall convene the complaint review committee within ten (10) business days to review the complaint. Upon review of the complaint, the committee shall either: (a) Make a finding that the complaint concerns a case then pending in the court and decline to review the complaint and so inform the complainant. In such instances, the committee shall advise the complainant that the complaint may only be addressed in the context of the case at bar, either by motion seeking the removal of the guardian ad litem or by contesting the information or recommendation contained in the guardian ad litem’s report or testimony. In such cases, the committee and its members shall perform their roles in such a manner as to assure that the trial judge or court commissioner remains uninformed as to the complaint; or (b) Make a finding that the complaint has no merit on its face, and decline to review it and so inform the complaining party; or (c) Make a finding that the complaint appears to have merit and request a written response from the guardian ad litem within ten (10) business days detailing the specific issues in the complaint to which the committee desires a response. The committee shall provide the guardian ad litem with a copy of the original complaint. A guardian ad litem’s failure to respond within the required ten (10) business days shall result in the immediate suspension of the guardian ad litem from all registries. In considering whether the complaint has merit, the committee shall consider whether the complaint alleges the guardian ad litem has: (1) Violated the Rules of Professional Conduct; (2) Misrepresented his or her qualifications to serve as a guardian ad litem; (3) Not met the annual training requirements set forth in the registry requirements; (4) Breached the confidentiality of the parties; (5) Falsified information in a report to the court or in testimony before the court; (6) Failed to report abuse of a child; (7) Communicated with a judge/commissioner ex parte, except as allowed by law (such as in obtaining an emergency restraining order); (8) Purported to represent the court in a public forum without prior approval of the presiding judge; (9) Violated state or local laws, or court rules in the person’s capacity as guardian ad litem; (10) Taken or failed to take any other action which would reasonably call the suitability of the person to serve as guardian ad litem into question; (11) Failed to keep information confidential from non-parties or disclosed protected information to a party; (12) Intentionally lied or presented information in a false light to the court, another party or a third party; or (13) Talked about a case for which the guardian ad litem was appointed to the media or public without the permission of all parties and/or the court.

[Adopted effective September 1, 2004.]

LRGAL 4. RESPONSE AND FINDINGS.

Upon receipt of a written response to a complaint from the guardian ad litem, the complaint review committee shall, within ten (10) business days, make a finding as to each of the issues delineated in the committee’s written request to the guardian ad litem that based on the response, there is either no merit to the issue, or there is merit to the issue. In any case where the committee finds that there is merit to an issue, the committee may conduct further investigation, including the examination of witnesses, documents, and such other evidence as the committee may, in the exercise of its discretion, choose to examine. The committee may extend the time for entering findings of fact during such examination, provided, however, that no such extension shall exceed thirty (30) days beyond the date the committee determined that there is merit to any issue.

[Adopted effective September 1, 2004.]

LRGAL 5. CONFIDENTIALITY.

(a) A complaint shall be deemed confidential for all purposes unless the committee has determined that it has merit under LRGAL 1.3(c).

(b) Any record of complaints filed which are found by the committee not to have merit shall be and remain confidential and shall not be disclosed except by court order.

[Adopted effective September 1, 2004.]

LRGAL 6. COMPLAINT PROCESSING TIME STANDARDS.

(a) Complaints shall be resolved within twenty-five (25) days of the date of receipt of the written complaint if a case is pending. (b) Complaints shall be resolved within sixty (60) days of the date or receipt of the written complaint if the complaint is filed subsequent to the conclusion of the case. (c) The complainant and the guardian ad litem shall be notified in writing of the committee’s decision within ten (10) business days of the entry of the committee’s findings and decision. (d) Complaints filed under this rule must be filed within three (3) years from the date of the occurrence of the matters complained of. The committee shall find complaints filed after this time not to have cause to proceed. This limitation applies to all complaints, whether filed during the pendency or after the conclusion of a case.

[Adopted effective September 1, 2004.]

LRGAL 7. SANCTIONS.

The committee shall have the authority to issue a written admonishment, issue a written reprimand, refer the guardian ad litem to additional testing, recommend to the presiding judge either that the court, on its own motion, remove the guardian ad litem from the instant case, or that the presiding judge suspend or remove the guardian ad litem from the registry. In considering a sanction, the committee shall take into consideration any prior complaints which resulted in an admonishment, reprimand, referral to training, removal of the guardian ad litem from a particular case, or suspension or removal from a registry. If a guardian ad litem is listed on more than one registry, at the discretion of the committee, the suspension or removal may apply to each registry on which the guardian ad litem is listed. When a guardian ad litem is removed from a registry pursuant to the disposition of a grievance, the court shall send notice of such removal to the state Administrative Office of the Courts (AOC).

[Adopted effective September 1, 2004.]

LRGAL 8. REQUEST FOR RECONSIDERATION BY GUARDIAN AD LITEM.

A guardian ad litem may, within five (5) business days of receipt of notification that he or she has been suspended or removed from a registry, request a hearing for reconsideration of the committee’s decision. The presiding judge shall designate a hearing officer to preside over and conduct such review. The sole purpose of the review shall be to review the appropriateness of the suspension or removal from the registry. The hearing officer shall review the written record of the instant case and any prior complaints upon which the committee relied and hear oral argument from the guardian ad litem and a representative of the committee. Said hearing shall be conducted within twenty (20) days of receipt of a request for the hearing.

[Adopted effective September 1, 2004.]

LRGAL 9. MAINTAINING RECORDS OF GRIEVANCES.

The superior court administrator shall maintain a record of grievances filed and of any sanctions issued pursuant to the grievance procedure.

[Adopted effective September 1, 2004.]

LRGAL 10. UNAVAILABILITY OF PRESIDING JUDGE.

In the event the presiding judge is not able to sit on the committee, issue an order or make an assignment as required by these rules, on account of being the judge who is assigned to a particular case, or is recused or may otherwise be disqualified, the other sitting judge shall act in the place and stead of the presiding judge. In the event both judges are unable to so act, the court administrator shall arrange for a court commissioner or visiting judge, so to act.

[Adopted effective September 1, 2004.]

LRALJ 3.1. PROCEDURE

(a) Scheduling. When a notice of appeal has been filed, the Clerk shall provide the presiding judge with a suggested schedule of dates for filing the transcript, for submission of briefs as provided by RALJ 6.3A and 7.2, and for oral argument. The presiding judge shall then enter an order which requires the parties to comply with a schedule for such filings and to appear for a hearing for oral argument. The Clerk shall give notice of the appeal scheduling order to all parties, which notice shall include a notice sent directly to any criminal defendant, even if represented by counsel. The scheduling order shall bear the following legend above the judge’s signature: ATTENTION APPELLANT: You are ultimately responsible for ensuring that your appeal is prosecuted in a timely manner, even if you have an attorney assisting you in preparing your appeal. You must maintain contact with your attorney and the court to ensure that this scheduling order is being followed. If you or your attorney fail to meet the deadlines set out in this scheduling order, or fail to timely seek an extension of time pursuant to RALJ 10.3, sanctions may be assessed against you, or your appeal may be involuntarily dismissed pursuant to RALJ 10.2(a). (b) Transcripts. In the event the transcript or briefs are not timely filed, a party or the Clerk may note the matter on the motion docket either for dismissal for want of prosecution or for order of reversal. (c) Argument. Arguments on appeal will be limited to 20 minutes per side, except on prior order of the court.

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

The Local Rules of the Superior Court of Washington in and for the County of Grant Table of Rules

Section 1. Administrative Rules LAR 1. Title and Scope LAR 2. Judicial Officers LAR 3. Staff Positions LAR 4. Motion Calendars LAR 5. Gaurdianships

Section 2. Civil Rules LCR 7. Motions LCR 16. Pretrial Conference and Trial Conference LCR 16A. Parenting Seminars LCR 16B. Assets and Debts in Marriage Dissolution and Similar Cases LCR 16C. Settlement Conference LCR 26F. Scheduling Order LCR 40. Trial LCR 47. Jury Selection LCR 51. Jury Instructions LCR 56. Confirmation of Summary Judgment Motions LCR 59. Reconsideration and Re-Application LCR 60. Motions for Revision LCR 70. Civil Contempt Proceedings LCR 79. Limited Access to Paternity Files

Section 3. Criminal Rules LCrR 1.1 Applicability of Civil Rules LCrR 3.3 Trial Scheduling LCrR 3.5 Confession Hearing LCrR 3.6 Suppression Hearing LCrR 4.1 Scheduling Order LCrR 4.5 Omnibus and Readiness Hearings LCrR 6.1 Trial Conference

Local Rules for Mandatory Arbitration I. Scope and Purpose of Rules LRMA 1.1. Purpose of Rules - Other Rules - Definitions LRMA 1.2 Amount in Controversy LRMA 1.3. Motions

II. Transfer to Arbitration and Assignment of Arbitrator LRMA 2.1. Transfer to Arbitration LRMA 2.3. Assignment to Arbitrator

III. Arbitrators LRMA 3.1. Qualifications

IV. Procedures after Assignment LRMA 4.2. Discovery

V. Hearing LRMA 5.1. Notice of Hearing - Time and Place - Continuance LRMA 5.2. Prehearing Statement of Proof - Documents Filed with the Court LRMA 5.3. Conduct of Hearing - Witnesses - Rules of Evidence

VI. Award LRMA 6.1. Form and Content of Award LRMA 6.2. Filing of Award - Extension

VII. Trial De Novo LRMA 7.1. Request For Trial De Novo - Trial Setting LRMA 7.2. Sealing Arbitration Award - Withdrawn

VIII. General Provisions LRMA 8.1. Stipulations - Effect on Relief Granted LRMA 8.3. Effective Date - Withdrawn LRMA 8.4. Title and Citation LRMA 8.6. Compensation of Arbitrators LRMA 8.7. Administration

Local Rules for Mandatory Mediation LRMM 1. Grant County Superior Court Rule for Mediation LRMM 2. Mediator LRMM 3. Mediation Process LRMM 4. Confidentiality LRMM 5. Other Provisions

Forms Notice of Status Conference (NTSC) Status Conference Statement (ST) Scheduling Order (ORSCS) Notice of Loss of Voting Rights (LAR A) Order Restoring Voting Rights (LAR B)

LAR 1. TITLE AND SCOPE

(a) Title. These rules shall be known as "The Local Rules of the Superior Court of Washington in and for the County of Grant." The brief title of these rules is "Grant County Local Rules." These rules may be cited in the following format: "LAR 1" (for Administrative Rules); "LCR 7" (for Civil Rules); "LCrR 1.1" (for Criminal Rules); "LRMA 1.1" (for Mandatory Arbitration Rules); "LRMM 1" (for Mandatory Mediation Rules). (b) Scope. Unless otherwise provided herein, these rules apply to all criminal and civil proceedings, family and domestic matters, mental health proceedings, juvenile court offender and dependency proceedings, appeals from lower courts, tribunals and agencies, and other matters brought before the Grant County Superior Court. To the extent these rules supplement rules of statewide application adopted by the Supreme Court of Washington, both local and statewide rules apply. To the extent these rules conflict with statewide rules, the statewide rules apply. (c) Arbitration. By order dated April 20, 1988, Grant County Superior Court adopted local rules for mandatory arbitration ("LRMA") which apply to original civil actions with limited money claims, and to other actions upon stipulation of the parties. (d) Mediation. By order dated May 28, 2012 Grant County Superior Court adopted local rules for mandatory mediation ("LRMM") which apply to disputed issues in family law cases, as defined in said rules. (e) Waiver. Any provision of these rules may be waived or modified by order of the court for good cause shown, or as required in the interests of justice. (f) Numbering. In compliance with CR 83, the local civil rules in Section 2 and the local criminal rules in Section 3 are numbered consistent with the numbers of the most closely associated Civil Rules for Superior Court and Criminal Rules for Superior Court.

[Adopted April 1, 1997; amended 2005; amended effective September 1, 2012]

LAR 2. JUDICIAL OFFICERS

(a) Departments. There shall be four departments of this court, identified as Civil Department, Criminal Department, Juvenile Court, and Court Commissioner's Department. The judicial officers of this court will be assigned, on a rotating basis, for such periods as the Presiding Judge may from assigned, on a rotating basis, for such periods as the Presiding Judge may from time to time determine, among the departments of this court. (b) Presiding Judge. (1) Election. During the month of December of each even-numbered year, the judges of the court shall elect, by such manner as they may then agree or, in the absence of such agreement, by secret written ballot, one of their number to serve as Presiding Judge. In the same fashion, the judges shall elect an Acting Presiding Judge. Vacancies in either position will be filled in the same manner as soon as practicable after vacancy occurs. (2) Removal. The Presiding Judge or Acting Presiding Judge may be removed by the unanimous vote of the other judges of the court. (3) Term. The Presiding Judge shall be elected to a term of two years, commencing on January 1 of each odd-numbered year. (4) Special Inquiry Judge. By virtue of office, the Presiding Judge shall be the Special Inquiry Judge designated by the judges of the court as required by RCW 10.27.050. In the event the Presiding Judge is disqualified from any special inquiry proceeding, the Acting Presiding Judge will be deemed to be the special inquiry judge so designated. (5) Library Board. By virtue of office, the Presiding Judge, or his or her designee, shall be a member of the Grant County Law Library Board. (c) Juvenile Judge. The judge assigned to the Juvenile Court pursuant to section (a) of this rule shall be designated as the Juvenile Court Judge, as provided in chapter 13.40 RCW. (d) Court Commissioners. The judges will employ at least one court commissioner, assigned to the Court Commissioner's Department, unless otherwise assigned by the Presiding Judge. The Court Commissioner will ordinarily preside over weekly dependency dockets, and dockets and trials of brief duration in domestic and paternity cases. The judge of the Grant County District Court assigned to the Moses Lake district will ordinarily be appointed as a commissioner of the superior court. In such capacity, the court commissioner may sign ex parte orders. Ex parte orders signed at a location other than the Grant County Courthouse shall be transmitted by the commissioner to the Clerk of this court; original orders shall not be returned to the party or attorney requesting the same. The Presiding Judge may appoint pro tempore court commissioners from time to time as may be required for due administration of the business of the court.

[Adopted April 1, 1997; amended 2005; amended effective September 1, 2012]

LAR 3. STAFF POSITIONS

(a) Court Reporter. There shall be at least one official reporter, selected by a majority of the judges, appointed and serving in the manner, and performing the functions, prescribed by law. (b) Court Administrator. The administrative operation of the court will be coordinated by a Court Administrator, appointed by the judges and serving at their pleasure. The Court Administrator will schedule all court calendars, and perform such other duties as the Presiding Judge may from time to time direct. (c) Interpreter Coordinator and Arbitration Administrator. The court shall employ an Interpreter Coordinator, who shall be certified by the Administrative Office for the Courts as an interpreter in the Spanish language. The Interpreter Coordinator will attend court proceedings when directed by a judge, and will arrange for the retention and assignment of other interpreters as the business of the court may require. The Interpreter Coordinator may be permitted, by written policies of the court, to perform interpretation services for private party litigants. The Interpreter Coordinator may, when directed by the judges of the court, also serve as Arbitration Administrator, as provided in the Local Rules for Mandatory Arbitration. (d) Jury Administrator. The court shall employ a Jury Administrator to perform all administrative functions necessary for calling, selecting, and compensating petit jurors. (e) Other Staff. The judges may appoint such other staff, including assistants, bailiffs, deputies and others, as may from time to time be necessary to the efficient operation of the court.

[Adopted April 1, 1997; amended 2005; amended effective September 1, 2012]

LAR 4. Motion Calendars (a) Law and Motion Calendars. Except as otherwise ordered from time to time as necessary in the administration of the courts, regular law and motion calendars will be heard as follows: Civil Department: Protection orders: Tuesday, 9:00 Civil motions: Friday, 9:00 Adoption motions and hearings: Friday, 11:00 Sentence compliance: 1st and 3rd Friday, 1:30

Criminal Department: Criminal motions: Monday and Tuesday, 9:00 CrR 3.5, CrR 3.6 hearings: Wednesday and Thursday, 10:00

Commissioner Department: Dependency docket: Tuesday, 1:30 Paternity, support enforcement: Thursday, 9:00 Domestic and family law: Motions, decrees with counsel: Friday, 9:00 Pro se decrees: Friday, 1:30 Pro se motions: Friday, 2:00

Juvenile Court: Truancy, at-risk youth: Monday, 9:00 Offender motions: Monday, 1:30 (b) Holiday Schedule. When Monday is a court holiday, the criminal docket will be called on the following Tuesday and Wednesday, and the Monday Juvenile truancy and offender dockets will be called on the following Wednesday, unless otherwise ordered by the court. When Friday is a court holiday, all regularly scheduled dockets will be called on the preceding Thursday, unless otherwise ordered by the court. When a court holiday falls on a Tuesday, Wednesday or Thursday, there will be no docket. (Amended effective September 1, 2018).

LAR 5. GUARDIANSHIPS

I. Loss of Voting Rights (a) In accordance with RCW 11.88.010(5), if an incapacitated person loses the right to vote, the Order Appointing Guardian or Approving Report shall include a specific finding on the loss of the right to vote. (b) The Guardian ad Litem and/or Guardian shall also submit a Notice of Loss of Voting Rights to the Court that shall include the name, address, and date of birth of the incapacitated person and that shall direct the clerk to forward the Notice of Loss of Voting Rights to the County Auditor. (see Form LAR-A). (c) If the guardianship is terminated by a determination of competency of the individual, the court shall direct the clerk to send to the County Auditor a certified copy of the Order Restoring Voting Rights including the same personal identifiers as the Notice of Loss of voting Rights. (d) Clerk will determine whether Notice of Loss of voting Rights has been filed. If notice has not been filed, clerk shall complete a notice using information from guardianship petition and/or guardian ad litem report. (e) Clerk will forward Notice of Loss of voting Rights to the County Auditor (f) Copy of the notice will be placed in the file. (g) If the guardianship is terminated based on the court's finding that the ward is now competent to handle affairs, the clerk will send a certified copy of the Order Restoring Voting Rights (see Form LAR-B) to the County Auditor.

II. Grievances as to Guardians ad litem. (a) Scope. This rule applies to grievances from litigants, witnesses, attorneys, or other persons regarding guardians ad litem (GAL) and court-appointed special advocates (CASA) appointed pursuant to Titles 11, 13, and 26 RCW. (b) Form. All grievances regarding the qualifications, conduct or performance of a GAL or CASA must be in writing, submitted to the Presiding Judge of the Superior Court. (c) Assignment for investigation. The Presiding Judge shall promptly designate a judicial officer to investigate a grievance. The judicial officer assigned may be any judge or court commissioner, whether or not said officer is otherwise involved in a pending case from which the grievance arises. When it is necessary, in the judgment of the Presiding Judge, to appoint an investigator who is not a judicial officer, or who is not otherwise associated with the court, the Presiding Judge may appoint any qualified person to investigate the grievance. (d) Initial determination of merit. The investigating judicial officer shall initially determine whether or not the grievance raises issues of arguable merit. In making this determination, the officer shall consider whether the grievance alleges, and whether there is evidence to support, that the GAL or CASA has: (1) violated an applicable code of conduct; (2) misrepresented his or her qualifications to serve in the appointed capacity; (3) breached a duty of confidentiality; (3) falsified or mischaracterized information in testimony or a report to the court; (4) failed to report abuse or neglect of a child; (5) communicated with a judicial officer ex parte in contravention of law; (6) purported to represent the court in a public forum without prior approval of the court; (7) violated state or local laws, rules, or policies in the capacity as GAL or CASA; (8) failed to complete assigned duties with reasonable diligence; or (9) taken or failed to take any other action which would reasonably place in question the GAL or CASA's fitness to serve. (e) Meritless claims. Upon determining that the grievance raises no issues of arguable merit, the investigating judicial officer shall decline to further investigate and shall so inform the grievant and the Presiding Judge in writing. (f) Claims of arguable merit. Upon determining that the grievance raises issues of arguable merit, the investigating judicial officer shall request a written response from any GAL or CASA involved therein. The GAL or CASA shall submit a written response within 14 days of the request, unless additional time is allowed upon request to the investigating judicial officer. The investigating judicial officer may make any other contacts, inquiries, or reviews he or she deems necessary to resolution of any issue of arguable merit. He or she shall submit a written report of findings of fact and conclusions of the investigation to all other judicial officers of the court. Upon the majority vote of said judicial officers, a final written report will be provided to the grievant and to every GAL and CASA involved. (g) Assignments during investigation. Unless expressly ordered otherwise upon the recommendation of the investigating judicial officer, the court shall make no additional assignments of a GAL or CASA named in a grievance until completion of the investigation. The investigating judicial officer may recommend to the Presiding Judge that a GAL or CASA be ordered to perform no additional services pursuant to any existing appointment until completion of the investigation. (h) Time to complete investigation. Unless otherwise directed by the Presiding Judge for good cause, investigations under this rule shall be completed within 60 days of receipt of a grievance. (i) Action after investigation. A final written report by a majority of the judicial officers of the court may order (1) that a GAL or CASA remain on the court's registry with no further action taken; (2) that a GAL or CASA be suspended from the registry pending completion of designated remedial measures; (3) that a GAL or CASA be removed from the court's registry; or (4) any other measures necessary to resolution of issues raised in the grievance. If removal from the registry is ordered, the court shall send notice thereof to the Administrative Office of the Courts. (j) Confidentiality. A record of all written complaints or grievances regarding any GAL or CASA shall be maintained by the court. Grievances shall be confidential until completion of any investigation conducted pursuant to this rule. A record of any action ordered by the court in response to a grievance shall be placed in the GAL or CASA's file.

(Effective Sept. 1, 2016)

LCR 7. MOTIONS (a) Time Limits. (1) Length of hearing. Civil and domestic/family law and motion dockets are limited to matters requiring no more than ten minutes per side. Matters expected to exceed that limitation must be specially set by the court administrator. (2) Responsive declarations. In matters on the domestic and family docket, the paternity docket, and the civil docket, responsive declarations must be served and filed by 4:30 p.m. two (2) calendar days prior to the docket, unless the court expressly permits later service and/or filing. For example, for matters that are scheduled to be heard on a Friday docket, responsive declarations must be served and filed no later than 4:30 p.m. on Wednesday preceding the Friday docket. (3) Motions for Temporary Orders in Family Law Proceedings. Any party may file a motion for temporary orders pending trial.

(a) Form of pleadings, basis and limitations. (i) Form. All documents and copies provided shall be legible. If typed, documents shall be in 12 point or larger type, 1.5 spaced between the lines and conform to GR 14. Mandatory forms shall be used. (ii) Basis. Evidence, including written evidence in affidavits and declarations by the parties and witnesses, must comply with the rules of evidence. (iii) Children's Statements. Declarations by minors are disfavored. (iv) Page Limitations. Absent prior authorization of the court, the entirety of all declarations and affidavits from the parties and non-expert witnesses in support of motions (except financial declarations, financial documents and sealed source documents), shall be limited to a sum total of twenty (20) pages. The entirety of all declarations and affidavits submitted in response to motions shall not exceed twenty (20) pages. The entirety of all declarations and affidavits submitted in reply to the response shall not exceed ten (10) pages. Exhibits to any declarations shall count toward the above page limits. Declarations, affidavits and reports from the Family Court Investigator, GAL, CPS or law enforcement shall not count toward the page limit. Declarations in support of Parenting Plans shall not count toward the page limit but shall not exceed three (3) pages. (v) Violations of this rule. If the Court finds that one or more of the parties violated this rule, the Court may, in its discretion, assess terms, strike or continue the matter, or refuse to consider the materials that violate this rule. (b) Noting Matters on Motion Dockets. Except as otherwise provided in this section, or with leave of the judicial officer presiding on the docket, matters to be heard on a motion docket must be noted with the clerk five days prior to the docket. If the judicial officer assigned to hear a docket is unavailable, another judge may consider and grant an ex parte motion for order shortening time to note a matter on a docket. (c) Required Special Settings. The following matters may not be noted on the court's regular dockets, but must be specially set with the court administrator: motions for summary judgment; arguments on the merits in appeals from lower courts or tribunals; child hearsay (Ryan) hearings. Once a time and date for a special setting are obtained from the court administrator, the moving party must file and serve a notice of the setting in the same manner in which motions are noted for regular dockets. (d) Telephonic argument. Arguments on motions are to be conducted in person, except that, by specific arrangement with the court administrator at least two days before a hearing, argument may be made by telephone, Provided, (1) that all parties agree to telephonic argument; (2) that the judicial officer before whom the hearing will be conducted approves of telephonic argument. A party may withhold agreement to telephonic argument only for reasonable, articulable cause. For good cause shown, on motion of a party, the court may order telephonic argument of a motion in the absence of such agreement. A motion to require telephonic argument shall itself be argued by telephone unless all affected parties are before the court when the motion is made.

LCR 16. PRETRIAL CONFERENCE AND TRIAL CONFERENCE

(a) Pretrial conference. A pretrial conference may be conducted in civil cases in the manner, and for the purposes, set forth in CR 16. (b) Trial conference. Civil jury trials will be preceded by a conference, on the record unless a record of the trial has been waived, beginning at 9:00 a.m. on the first trial day unless otherwise ordered by the court. If the conference is expected to exceed 60 minutes, the parties shall obtain a specially-set time from the court administrator. Counsel for the parties shall attend. The conference will address administrative matters relating to the trial, and resolve motions in limine and other motions entertained by the court. Civil bench trials may be preceded by a conference on request of a party or on the court's motion.

Adopted April 1, 1997; amended 2005; amended, re-numbered and re-codified effective September 1, 2012]

LCR 16A. PARENTING SEMINARS

(a) Cases Affected. Pursuant to RCW 26.12.170, this rule applies to all actions in which the court is petitioned to adopt a parenting plan or residential schedule involving minor children, and, if ordered by the court, to an action in which modification of such a plan or schedule is sought. (b) Seminar Required. The judges of this court shall, by administrative order maintained in the records of the clerk, from time to time designate one or more providers of parenting seminars. Each party who is a parent shall, within thirty days after initiating or being served with initial documents in a case covered by this rule, contact a designated provider to schedule attendance at a parenting seminar. Prior to trial in such a case, or prior to entry of a final parenting plan or residential schedule if no trial is held, each such party shall attend and complete a parenting seminar, and file proof thereof with the court. (c) Exemption and Enforcement. A party may seek exemption from the requirements of this rule on the basis of substantial hardship, established by motion of the party supported by written declaration or oral testimony. A party who has completed a parenting seminar, pursuant to this rule or otherwise, within twenty-four months before institution of the present action is, upon filing proof thereof, also exempt from part (b) of this rule, unless otherwise ordered by the court. Unless exempted, a party who fails to comply may be sanctioned by civil contempt remedies, by an order striking pleadings, or in such other manner as the court deems appropriate.

[Adopted as LR 13 April 1, 1997; re-numbered effective September 1, 2012]

LCR 16B. ASSETS AND DEBTS IN MARRIAGE DISSOLUTION AND SIMILAR CASES

(a) Statement Required. Not later than noon on the court day before the day on which an action for dissolution of marriage, dissolution of a registered domestic partnership, division of assets of a committed intimate relationship, or similar case, is called for trial, when there exists a dispute between the parties regarding the characterization, valuation or distribution of any asset or debt, each party shall file with the trial judge and serve on the other party a statement in spreadsheet format of all assets and debts of the parties within the court's jurisdiction. (b) Contents of Statement. (1) Assets. The statement shall sequentially number and identify each asset with sufficient particularity to distinguish it from other assets of the same type. As to each asset, the statement shall set forth, unless unknown to the party, the following information: date, manner and cost of acquisition; the party's characterization of the asset as community (or "shared") or separate property, and if separate, the basis for that claim; present fair market value; and proposed distribution by the court. The statement shall separately identify any asset in the possession of either party claimed to be the property of a third person, in whole or in part. (2) Debts. The statement shall sequentially number and specifically identify (including creditor and account number) each debt claimed to be owed by either party or both. As to each debt, the statement shall set forth, unless unknown to the party, the following information: the date(s) on which the debt was incurred, the purpose for which it was incurred, any security given for the debt; the balance owed at the time of trial and at the time of separation; payments made by either party after separation; whether, and to what extent, the debt is claimed to be the separate or individual debt of either party; and the proposed distribution by the court. (3) Other relief. Each party's statement shall also set forth any other financial relief requested, other than child support, including a monetary judgment to balance the division of assets and debts, spousal maintenance, and award of costs and attorney fees. [Adopted as LR 15 September 1, 2005; amended and re-numbered effective September 1, 2012]

LCR 16C. SETTLEMENT CONFERENCE

(a) When Held. Subject to available time on the court's calendar, a settlement conference may be held in any civil or domestic case by agreement of the parties, or, in the absence of agreement, upon order of the court (b) Time and Judicial Officer. A settlement conference will be held at a time set by the court administrator, and shall be conducted by a judicial officer other than the officer to whom the case is, or likely will be, assigned for trial. (c) Persons Attending. The attorney in charge of each party's case shall attend the settlement conference. The parties to a domestic case shall attend the conference; in other civil cases, the parties, or persons with settlement authority for a party, shall be available, and the judicial officer conducting the conference shall decide whether the parties shall be present in the conference room. When the defense of a party is provided by an insurer, a representative of the insurer with authority to bind the insurer to a settlement, must be in attendance or immediately available by telephone to the attorney for that party. Attendance of any party or representative may be excused for good cause shown. (d) Preconference Submittal. At least two days before the date set for the settlement conference, the attorney, or pro se party, personally in charge of each party's case shall present to the judicial officer conducting the conference a letter succinctly addressing those issues required to be addressed. (e) Privilege. Settlement conferences shall, in all respects, be privileged proceedings and not reported or recorded. No party is bound by any position taken during a settlement conference unless a settlement is reached. When a settlement has been reached, the judicial officer may, and at the request of any party shall, cause the settlement to be made a matter of record. The judicial officer presiding over the settlement conference shall be disqualified from acting as the trial judge in that matter, unless all parties otherwise agree in writing.

[Adopted as LR 17 September 1, 2005; amended and re-numbered effective September 1, 2012]

LCR 26F. Scheduling Order (a) Status conference. In civil cases other than those specified in subsection (c) the plaintiff shall note a status conference no sooner than 45 days and no later than 90 days after the summons and complaint are served and filed. The status conference shall be noted on the Friday civil motion docket at 9:00 a.m. The notice shall be served on all parties no later than 10 days after service or filing of the summons and complaint, whichever is later. Proof of service of the notice shall be filed with the court. The purpose of the status conference is to schedule deadlines for completion of all measures necessary to prepare the case for trial. The status conference shall be stricken if the parties file a stipulated status conference statement (Form LR8-B) at least 7 calendar days before the status conference. The status conference shall also be stricken if only one party files a status conference statement. The court shall adopt the status conference statement unless otherwise ordered. Civil cases will not be set for trial unless the parties comply with this rule. (b) Scheduling Order. Following the status conference, or upon receipt of a status conference statement agreed to by all parties, the court will issue a Scheduling Order in the form appended hereto as Form LR 8-D. Deadlines established in the Scheduling Order may be extended by stipulation of the parties only upon leave of the court. The court may, upon motion of a party made before expiration of a deadline, extend any deadline in the Scheduling Order for good cause shown. The parties shall submit a proposed Amended Scheduling Order with any such motion. (c) Cases Excluded. Unless otherwise ordered by a judge, the scheduling procedure provided in LR 8(a) will not be employed in domestic relations, paternity; adoption; change of name; domestic violence (chapter 26.50 RCW); harassment (chapter 10.14 RCW); interstate support enforcement; juvenile dependency; minor settlement; probate; guardianship; petition for writ of habeas corpus, mandamus, review or other writ; unlawful detainer; civil commitment; proceedings under chapter 10.77 RCW; proceedings under chapter 70.96A RCW; and cases in which pretrial time limits are expressed in statute. (d) Trial Setting. See LR 40(a). (Amended effective September 1, 2018).

LCR 40. Trial (a) Trial setting. Each party completing or stipulating to a status conference statement (Form LR 8-B) shall, to the extent practicable, indicate therein the approximate number of court days anticipated to be needed for trial, including jury orientation, selection, and deliberation if a jury demand has been, or is expected to be, made. Under-estimating the number of trial days may result in the trial date being stricken. (b) Civil Trials. Civil trials shall be scheduled by the court administrator at such times as are conducive to the efficient operation of the court and the expeditious resolution of cases. Generally, civil jury trials will begin on Mondays or Tuesdays at 9:00 a.m. (c) Domestic Trials. Trials in Domestic Matters may not be set until the parties have complied with the requirements of the Local Rules for Mandatory Mediation (LRMM). A Mediator's Declaration consistent with LRMM 2(c) or an Order Waiving Mediation must be filed with the Court prior to a note for trial setting being filed. Trials in domestic relations and family law cases shall be set for trial by the court administrator in the same manner as civil trials. Trials not expected to exceed one day may be set in the Commissioner's Department. (d) Paternity Trials. Trials expected to exceed one-half day will generally be set by the court administrator as civil trials. Otherwise, paternity trials will be scheduled in the Commissioner's Department on Thursday afternoons, unless a special setting is obtained from the court administrator. (Amended effective September 1, 2018).

LCR 47. JURY SELECTION

(a) Panel. The jury administrator will randomly assign sequential numbers, beginning with "1," to all prospective jurors who have timely appeared for trial, and will cause them to be seated in the courtroom in that order when directed by the trial judge to do so. The judge and counsel will be provided with a roster of the panel as seated. (b) Examination. Unless otherwise ordered by the judge presiding at trial, juries will be selected after panel examination. The judge will conduct orientation and general questioning of the panel. Thereafter, counsel will, in turn, be permitted to question the panel, or individual members thereof, for a stated period of time set by the judge. The judge may allow a second period of questioning by each side. For good cause shown, the judge may extend the period of questioning, or allow additional rounds, on motion of a party. (c) Challenges. Challenges for cause shall be made openly or at sidebar, as the judge may direct. After examination of the panel, counsel will, in turn, exercise peremptory challenges by striking names from a roster of those panel members not previously dismissed. After peremptory challenges, the remaining unchallenged jurors with the twelve (or, in appropriate cases, six) lowest roster numbers shall be seated as the jury. The remaining juror(s) with the next lowest roster number(s) will be seated as the alternate juror(s).

[Adopted April 1, 1997; amended 2005; amended, re-numbered and re-codified effective September 1, 2012]

LCR 51. JURY INSTRUCTIONS

Each party wishing to propose jury instructions shall file with the clerk, deliver to the judge, and serve on other parties one cited copy and one clean copy of each instruction proposed. Cited copies shall include marginal citation of the authority relied upon in proposing the instruction, and will be sequentially lettered or numbered. Clean copies shall not include citations, letters or numbers.

[Adopted April 1, 1997 as LR 10(b); amended 2005; re-numbered effective September 1, 2012]

LCR 56. CONFIRMATION OF SUMMARY JUDGMENT MOTIONS Counsel for the moving party shall confirm with all opposing counsel that they are available to argue the motion for summary judgment on the date and time set for the hearing, then notify the Court Administrator by 12:00 noon two days before the hearing. Failure to comply with the provisions of this rule will result in the motion be stricken from the calendar and terms considered.

LCR 59. RECONSIDERATION AND RE-APPLICATION

(a) Motion for Reconsideration. (1) Noting for hearing. As provided in CR 59(b), a party filing a motion for reconsideration will also file a note-up slip noting the motion for hearing on an appropriate law and motion docket, designating the judicial officer whose decision the motion seeks to reconsider. The date for hearing shall be at least ten days after filing of the motion. (2) Hearing. Upon receiving for filing a motion for reconsideration and note-up slip, the clerk shall cause the same to be delivered to the judicial officer whose decision the motion seeks to reconsider. The judicial officer will promptly determine, as provided in CR 59(e), whether the motion should be denied on its face, or, if not, whether the motion is to be heard on oral argument or submitted on briefs. The judicial officer will enter an order expressing such determinations, including a briefing schedule and a date for argument, when appropriate. The court administrator will cause copies of the order to be delivered to all counsel and unrepresented parties. (b) Re-application. When an order has been applied for and denied in whole or in part, or has been granted conditionally and the condition has not been performed, the same application for an order may not be presented to a different judicial officer unless that officer is clearly advised of the fact of the previous denial or unfulfilled condition.

[Adopted September 1, 2005 as LR 14; amended and re-numbered effective September 1, 2012]

LCR 60. MOTIONS FOR REVISION (a) Deadline for Hearing Motion. A motion for revision of an order entered by the Court Commissioner must be filed with the Clerk within ten (10) days of the entry of the order from which the motion arises. At the time it is filed, a motion for revision shall be noted for hearing on a normal Friday motion docket. A revision motion not heard within thirty (30) days after filing shall be deemed denied unless the court extends such time for hearing for good cause. (b) Form of Motion. The motion must clearly identify the order from which revision is sought, specify those portions of the order allegedly in error, identify the documents that were submitted to the court commissioner for hearing on the ruling from which revision is requested, and include a summary of the legal and factual grounds upon which the moving party relies. A copy of the order from which revision is sought, along with a copy of all documents relied upon by the commissioner, shall be submitted at the time the motion for revision is filed. (c) Transcript Required. At least five (5) court days before the hearing on the revision motion, the moving party shall file a transcript of the hearing before the commissioner, serve a copy on all opposing parties, and provide a copy to the judge who will hear the motion. The person preparing the transcript shall certify, under penalty of perjury, that it is an accurate transcription of the record. (d) Confirmation. Motions for revision must be confirmed with the Court Administrator not later than four (4) court days before the date and time set for the hearing. Once the hearing is confirmed, the motion may not be stricken or continued without approval of the judge assigned to hear the motion. The court shall strike unconfirmed motions from the calendar. (e) Stay of Commissioner's Order. The filing of a motion for revision does not stay the Commissioner's order. The moving party may seek a stay of said order from the commissioner who signed the order.

LCR 70. CIVIL CONTEMPT PROCEEDINGS

This rule shall apply to all civil contempt proceedings whether brought under chapter 7.21 RCW or other statutes, but shall not apply to summary contempt proceedings under RCW 7.21.050. (a) Warning. The order to show cause shall advise the responding party, in prominent language, that failure to appear could result in issuance of a warrant for the arrest of that party. (b) Service. Unless otherwise authorized by order of the court, or by the express terms of a statute under which the contempt motion is brought, or by written stipulation of the parties, the order to show cause, together with the motion and supporting declarations or other materials, must be personally served on the responding party. (c) Failure to Appear. At the hearing, if the responding party fails to appear and upon proof of service of the pleadings required by this rule, the court may order arrest of the responding party. Other requested remedies may also be ordered upon default, even if a warrant is not ordered. [Adopted September 1, 2005 as LR 16; re-numbered effective September 1, 2012]

LCR 79. LIMITED ACCESS TO PATERNITY FILES

(a) Persons. Only the following persons shall have access to paternity files of this court: the mother, the presumed father, any alleged father who has not been dismissed from the case, an attorney representing any of the foregoing or the child (after filing a notice of appearance), any guardian ad litem appointed in the cause and not discharged, the State of Washington as represented by the Attorney General's office or Grant County Prosecutor's Office (or other contracted counsel), and any other person upon permission from a judge or commissioner of the court. (b) Limited Access. Access to a paternity file by the mother, or presumed or alleged father is limited to review of the file at the office of the clerk of the court when no final Judgment and Order Determining Paternity has been entered. After entry of such Judgment and Order, any party referred to in the order may, upon paying the applicable fee, receive a copy of the order and any visitation order, parenting plan, residential schedule or child support order in the file. (c) Access by Court Officers. Any attorney, guardian ad litem, or employee or contractor of the Attorney General or Prosecutor authorized by part (a) of this rule to have access to a paternity file may examine or otherwise handle the file in the clerk's office pursuant to policies of the clerk. (d) Segregation of File. The Clerk of this Court may segregate Paternity files into two or more volumes, ending the first (or subsequent) volume upon entry of an Order Establishing Paternity. Said Order, together with pleadings filed thereafter may be filed in a separate volume or volumes. When such segregation is made by the Clerk, the limitations on access expressed in this rule will be deemed only to apply to the volume(s) closed with filing of the Order Establishing Paternity

[Adopted April 1, 1997 as LR 12; amended 2005; amended and re-numbered effective September 1, 2012]

LCrR 1.1 APPLICABILITY OF CIVIL RULES

Unless otherwise expressly provided herein, the following Local Rules apply in criminal cases as well as in civil cases: LR 7(b), except that initial appearances, motions to revoke conditions of release, and emergency furlough motions may be noted on any criminal docket without advance notice; LR 7(c) and (d); LR 47; LR 51; LR 59.

[Adopted September 1, 2012]

LCrR 3.3 TRIAL SCHEDULING

(a) Criminal trials will ordinarily be scheduled to begin on Wednesday at 9:00 a.m. (delayed by one day when Monday is a court holiday). The court will maintain a calendar of cases set for trial; cases will be called for trial in the order of their speedy trial deadline, and for cases having the same deadline, in order of their cause numbers, unless otherwise ordered by the court. The court may, by administrative order, specify further particulars regarding calling criminal cases for trial, the obligation of counsel and parties in trailing cases, and so on. (b) A case on the trial calendar which is not resolved or expressly continued to a new trial date will be deemed continued for trial to the following week without change to its trial deadline.

[Adopted April 1, 1997 as LR 4(g); amended 2005; amended, re-numbered and re-codified effective September 1, 2012]

LCrR 3.5 CONFESSION HEARING

At or before the omnibus hearing, the prosecution shall serve on the defendant and file with the court a brief description of the defendant's statements the prosecution intends to offer in evidence at trial. Not later than twenty four hours before a hearing pursuant to CrR 3.5, the parties may file memoranda of legal authorities relating to admission or exclusion of the defendant's statements.

[Adopted April 1, 1997 as LR 9(a); amended 2005; amended and re-numbered effective September 1, 2012]

LCrR 3.6 SUPPRESSION HEARING

At least one week prior to a hearing under CrR 3.6, the defendant shall serve on the prosecutor and file with the court a written motion for suppression, identifying the item(s) to be suppressed and briefly stating the grounds. The defendant shall serve and file with the motion a memorandum of authorities upon which defendant relies for suppression. The prosecution shall file a memorandum of authorities upon which it relies for admissibility of the challenged evidence not later than twenty-four hours before the hearing.

[Adopted April 1, 1997 as LR 9(b); amended 2005; amended and re-numbered effective September 1, 2012]

LCrR 4.1 SCHEDULING ORDER In criminal cases, at the time of arraignment, the court will adopt a schedule for the case by completing a Scheduling Order in the form appended hereto as Form LR 8-F. The court will cause the original Scheduling Order to be filed with the clerk, and will cause copies to be delivered to the court administrator, prosecuting attorney, defense attorney and defendant.

[Adopted April 1, 1997 as LR 8(c); amended 2005; amended and re-numbered effective September 1, 2012]

LCrR 4.5 OMNIBUS AND READINESS HEARINGS

The scheduling order required by LR 8 shall establish dates for omnibus hearing, readiness hearing, and trial, each of which the defendant shall attend unless excused in advance by the court. The omnibus hearing shall be conducted in the manner anticipated in CrR 4.5. At the readiness hearing, the court will confirm that all parties are ready to proceed to trial, or will continue trial to a date certain.

[Adopted April 1, 1997 as LR 5(b); amended 2005; amended, re-numbered and re- codified effective September 1, 2012]

LCrR 6.1 TRIAL CONFERENCE

Unless otherwise ordered, criminal trials will begin with a conference, on the record, to resolve pretrial and trial issues. The conference will begin at such time as the court directs during the readiness hearing If the conference is expected to require more than 60 minutes, counsel shall so advise the court at the readiness hearing. Counsel and the defendant shall attend the trial conference. The conference will address administrative matters relating to the trial, admissibility of evidence of prior convictions or other contested evidentiary matters, motions in limine, and other motions entertained by the court.

[Adopted April 1, 1997 as LR 6(b); amended 2005; amended and re-numbered effective September 1, 2012]

LRMA 1.1 Purpose of Rules - Other Rules - Definitions (a) Purpose and Scope. The Purpose of these Local Rules for Mandatory Arbitration is to supplement the Mandatory Arbitration Rules (MAR) adopted by the Supreme Court in order to provide a simplified, economical procedure for the prompt and equitable resolution of disputes involving claims of $100,000 or less. THESE RULES MUST BE READ AND APPLIED IN CONJUCTION WITH THE MANDATORY ARBITRATION RULES. These rules are not intended to address every question which may arise during arbitration, and thus leave considerable discretion to the arbitrator. Arbitrators should liberally employ such discretion in order to assure that hearings are informal and expeditious, consistent with the purposes of the statutes and rules. (b) Administrator. As used in these rules, "Administrator" means the employee of the Grant County Superior Court who may, from time to time, be assigned by the judges thereof the position and responsibilities of Arbitration Administrator. (Amended effective September 1, 2018).

LRMA 1.2 Amount in Controversy Pursuant to RCW 7.06.020, civil matters shall be subject to mandatory arbitration if the amount claimed by any party does not exceed $100,000 exclusive of attorney fees, interest and costs, or if the parties waive claims in excess thereof for the purposes of arbitration. (Amended effective September 1, 2018).

LRMA 1.3. MOTIONS

All motions before the court relating to mandatory arbitration shall be noted on the civil motions calendar in accordance with LR 7, except as otherwise provided in these arbitration rules.

[Amended 1990; amended effective September 1, 2012]

LRMA 2.1. TRANSFER TO ARBITRATION

(a) Statement of Arbitrability. In every civil case to which the scheduling procedure set forth in LR 26F applies, each party filing and serving a status conference statement (Form LR 8-B) shall indicate thereon whether or not the case is subject to mandatory arbitration. Alternatively, any party who asserts that a case is subject to mandatory arbitration may at any time file and serve on all other parties a statement of arbitrability.

(b) Response. A party who disputes another party's assertion that the case is or is not subject to mandatory arbitration shall so advise the court in any one of these ways: (1) by so indicating in the status conference statement (Form LR 8-B); (2) by so indicating at the commencement of the status conference required by LR 26F(a); or (3) by serving and filing a written response to another party's statement of arbirtrability within 14 days of service thereof. (c) Amendment. A party may amend a statement of arbitrability, response, or other assertion regarding arbitrability of the case at any time before assignment of an arbitrator, and thereafter only upon leave of the court for good cause shown. (d) Failure to File. If no response or other dispute regarding arbitrability is filed or brought to the attention of the court as provided in this rule, then a statement that the case is subject to mandatory arbitration will be deemed correct. (e) By Stipulation. A case in which all parties file a stipulation to arbitrate under MAR 8.1 will be transferred to arbitration regardless of the nature of the case or the amount in controversy.

[Amended 1990; amended effective September 1, 2012]

LRMA 2.3. ASSIGNMENT TO ARBITRATOR

(a) Generally - Stipulations. When a case is set for arbitration, a list of five proposed arbitrators will be furnished to the parties. A master list of arbitrators will be made available on request. The parties are encouraged to stipulate to an arbitrator. In the absence of a stipulation, the arbitrator will be chosen from among the five proposed arbitrators in the manner set forth in this rule. (b) Response by Parties. Each party may, within 14 days after a list of proposed arbitrators is furnished to the parties, nominate one or two arbitrators and strike two arbitrators from the list. If both parties respond, an arbitrator nominated by both parties will be appointed. If no arbitrator has been nominated by both parties, the Administrator will randomly appoint an arbitrator from among those not stricken by either party. (c) Response by Only One Party. If only one party responds within 14 days, the Administrator will appoint an arbitrator nominated by that party. (d) No Response. If no party responds within 14 days, the Administrator will randomly appoint one of the five proposed arbitrators. (e) Additional Parties. If there are more than two adverse parties, all represented by different counsel, two additional proposed arbitrators shall be added to the list for each additional party so represented with the procedures for selection set forth in this rule to be applied. The number of adverse parties shall be determined by the Administrator, subject to review by the Presiding Judge.

[Amended effective September 1, 2012]

LRMA 3.1. QUALIFICATIONS

(a) Arbitration Panel. There shall be a panel of arbitrators in such numbers as the Superior Court Judges may from time to time determine. A person desiring to serve as an arbitrator shall complete an information sheet on the form prescribed by the court. A list of the names of arbitrators available to hear cases, and the information sheets filed by them, will be available for public inspection at the Administrator's office. The oath of office, in a form prescribed by the court, must be completed and filed prior to an applicant being placed on the arbitration panel. (b) Refusal - Disqualification. The appointment of an arbitrator is subject to the right of that person to decline to serve. An arbitrator must notify the Administrator immediately if declining to serve or if any cause exists for the arbitrator's disqualification from the case upon any of the grounds of interest, relationship, bias, or prejudice set forth in the Code of Judicial Conduct, Rule 2.11 governing the disqualification of judges. If disqualified, the arbitrator will immediately return all materials in a case to the Administrator.

[Amended effective September 1, 2012]

LRMA 4.2. DISCOVERY

In determining when additional discovery beyond that directly authorized by MAR 4.2 is reasonably necessary, the arbitrator shall balance the benefits of discovery against the burdens and expenses. The arbitrator shall consider the nature and complexity of the case, the amount in controversy, values at stake, the discovery that has already occurred, the burdens on the party from whom discovery is sought, and the possibility of unfair surprise which may result if discovery is restricted. Authorized discovery shall be conducted in accordance with the civil rules except that motions concerning discovery shall be resolved by the arbitrator. Nothing in this rule shall prohibit the arbitrator from considering, in ruling on the merits of the case, any other discovery devices which may have been completed prior to assignment of the case to the arbitrator.

[Amended effective September 1, 2012]

LRMA 5.1. NOTICE OF HEARING - TIME AND PLACE - CONTINUANCE

An arbitration hearing may be scheduled at any reasonable time and place chosen by the arbitrator. The arbitrator may grant a continuance without court order. The parties may stipulate to a continuance only with leave of the arbitrator. The arbitrator shall give reasonable notice of the hearing date and any continuance to the Administrator.

[Amended effective September 1, 2012]

LRMA 5.2. PREHEARING STATEMENT OF PROOF - DOCUMENTS FILED WITH THE COURT

The statements of witnesses and exhibits required by MAR 5.2 shall be simultaneously exchanged by all parties. In addition to the requirements of MAR 5.2, each party shall also furnish the arbitrator with copies of pleadings and other documents contained in the court file which that party deems relevant. The court file shall remain in the custody of the County Clerk.

[Amended effective September 1, 2012]

LRMA 5.3. CONDUCT OF HEARING - WITNESSES - RULES OF EVIDENCE

(a) Oath or Affirmation. The arbitrator shall place a witness under oath or affirmation, substantially in the following form, before the witness presents testimony: "Do you solemnly swear or affirm, under penalty of perjury under the laws of the State of Washington, that the testimony you give in this matter will be the truth?" (b) Recording. The hearing may be recorded electronically or otherwise by any party at his or her expense, providing that the means of recording do not interfere with conduct of the hearing. (c) Rules of Evidence Generally. The Rules of Evidence, to the extent determined by the arbitrator to be applicable, should be liberally construed to promote justice and economical dispute resolution.

[Amended effective September 1, 2012]

LRMA 6.1. FORM AND CONTENT OF AWARD

(a) Form. The arbitrator's award shall be prepared on a form prescribed by the court. (b) Exhibits. All exhibits offered during the arbitration hearing shall be filed with the Clerk at the time of filing the award.

[Amended effective September 1, 2012]

LRMA 6.2. FILING OF AWARD - EXTENSION

A request by the arbitrator for extension of the time for filing an award under MAR 6.2 may be presented ex parte to the Presiding Judge. The arbitrator shall give all parties notice of any extension granted.

[Amended effective September 1, 2012]

LRMA 7.1. REQUEST FOR TRIAL DE NOVO - TRIAL SETTING

Any party desiring trial de novo after an arbitration award must give notice thereof as provided in MAR 7.1(a) notwithstanding that the case is not ripe for trial setting under LR 40. If a trial date has been assigned prior to the filing of an arbitration award, it shall remain in place if a request for trial de novo is filed pursuant to MAR 7.1(a), and shall be stricken if no such request is filed within the time permitted by MAR 7.1(a).

[Amended effective September 1, 2012]

LRMA 7.2. SEALING ARBITRATION AWARD

[Withdrawn effective September 1, 2012]

LRMA 8.1. STIPULATIONS - EFFECT ON RELIEF GRANTED

If a case not otherwise subject to mandatory arbitration is transferred to the arbitration calendar by stipulation, the arbitrator may grant award any relief which could have been granted if the case were determined by a judge.

[Amended effective September 1, 2012]

LRMA 8.3. EFFECTIVE DATE

[Withdrawn effective September 1, 2012]

LRMA 8.4. TITLE AND CITATION

These rules are known and cited as the Grant County Superior Court Local Rules for Mandatory Arbitration. "LRMA" is the official abbreviation.

LRMA 8.6. COMPENSATION OF ARBITRATORS

(a) Generally. Arbitrators shall be compensated for time spent in preparation, hearings, and preparation of an award, at an hourly rate established by the Office of Administrator of the Courts. Hourly compensation shall not include travel time. Arbitrators shall also be compensated for their reasonable costs, including mileage. (b) Determination and Payment. The Administrator shall determine the amount of compensation and costs to be paid, and shall cause the costs and one-half of the compensation to be promptly paid from funds of Grant County, without deductions. The Administrator will promptly submit a request for payment of the remaining one-half of compensation, less deductions required by law, from funds of the State of Washington. (c) Form. When the arbitrator's award is filed, the arbitrator shall submit to the court a request for payment on a form prescribed by the court.

[Amended and re-numbered effective September 1, 2012; previously LRMA 8.5]

LRMA 8.7. ADMINISTRATION

The Administrator, under the supervision of the Court Administrator and the Superior Court Judges, shall supervise arbitration under these rules and perform such additional duties relating thereto as the judges or court administrator may direct.

[Amended and re-numbered effective September 1, 2012; previously LRMA 8.6]

LRMM 1. Grant County Superior Court Rule for Mediation (a) Mediation Required. Contested issues in family law cases are subject to mandatory mediation in accordance with this rule. No trial or hearing shall be conducted to resolve any such issue until either (1) the parties have engaged in mediation; or (2) the court has, for good cause, waived the mediation requirement of this rule. Attorneys for the parties may attend mediation proceedings. Mediation proceedings must be completed prior to a note for trial setting being filed. Nothing in this rule shall be interpreted to require mediation of disputes concerning child support, and mediation shall not be required in such disputes. (b) Family Law Cases. (1) Family law cases subject to mandatory mediation under this rule are as follows: a. Dissolution or declaration of invalidity of marriage or domestic partnership. b. Legal separation. c. Child custody proceedings involving parents, presumed or putative parents, de facto parents, or non-parents (after a finding adequate cause when required). d. Paternity cases after entry of a judgment determining parentage. e. Proceedings to establish maintenance obligations. f. Proceedings relating to the termination of marriage-like relationships. (2) Unless otherwise ordered by the court, mediation under this rule is not required for the following cases or issues: a. Dependency and termination cases. b. Contempt proceedings regarding compliance with court orders. c. Petitions for Domestic Violence Protection Orders. d. Adoption proceedings. e. Petitions for emancipation of a minor or for change of name. f. Motions to waive the requirements of this rule for good cause. (c) Contested Issues. (1) Contested issues subject to mandatory mediation under this rule include the following: a. Characterization, valuation and/or division of assets and debts. b. Establishment of final parenting plan or residential schedule. c. Modification of a final parenting plan or residential schedule after a finding of adequate cause. d. Modification of a temporary parenting plan or residential schedule. e. Establishment of maintenance (other than initial temporary order). f. Modification of temporary or permanent maintenance order. (2) Unless otherwise ordered by the court, contested issues subject to mandatory mediation under this rule do not include the following: a. Entry of initial temporary support order. b. Entry of initial temporary parenting plan or residential schedule. c. Entry of other initial temporary orders, including restraining orders; orders for the use, possession, disposition or preservation of assets; orders allocating responsibility for debt service; and similar temporary orders. (d) Waiver. On its own motion, or on motion of a party, the court may waive the mediation requirements or time limits of this rule for good cause. Good cause will be presumed in cases where mediation would require a party subjected to domestic violence to meet in close proximity with a perpetrator of that violence. (e) Refusal to Mediate. If either party refuses to mediate without first having sought or obtained an order waiving mediation, the other party may bring a motion to compel the refusing party to engage in mediation. At the hearing regarding the motion to compel mediation, the court may, in its discretion, assess terms, including attorney's fees. In the event that an order compelling mediation is granted, and the party against whom the order is entered still refuses to mediate, then the court may, upon proper motion, grant such further relief as the court deems appropriate, including any relief authorized by Civil Rule 37(b) of the Superior Court Civil Rules for the State of Washington. (Amended effective September 1, 2018).

LRMM 2. MEDIATOR

(a) Appointment of Mediator. The parties may stipulate to appointment of a person to perform the mediation required by this rule by filing with the court a written stipulation including the name, address and date of appointment of the mediator. In the absence of stipulation, the court will, on its own motion or the motion of a party, appoint a mediator. The person or organization appointed by the parties or the court shall immediately be notified of the appointment. Any person so appointed may decline the appointment and promptly notify the parties and the court thereof. (b) Compensation. The mediator shall set a reasonable fee for mediation. The parties shall promptly pay the mediator's fee in the proportions agreed by the parties or, in the absence of agreement, as ordered by the court. (c) Authority and Duties. The mediator shall set the time, place, manner, and duration of mediation, which may be adjourned from time to time to facilitate resolution of issues. Within seven (7) days after completion of mediation, the mediator shall file with the court, and provide copies to the parties and attorneys who participated in the mediation, a declaration setting forth (1) the date(s) of mediation; (2) the contested issues mediated; and (3) the manner in which any party failed, in the judgment of the mediator, to participate in good faith. (d) Mediator as Witness. The mediator may not be subpoenaed to testify, nor shall the mediator agree or volunteer to testify, in any discovery procedure or court hearing regarding the statements, communications, or proposals, written or oral, made by any party, attorney or other participant in the mediation process.

[Adopted May 27, 2012]

LRMM 3. MEDIATION PROCESS

(a) Required Materials. At least two days before mediation proceedings, each party will submit to the mediator proposed orders sought to be entered by the court or equivalent written statements of the resolution of all contested issues subject to mediation. When support issues are being mediated, each party will include a financial declaration and completed child support worksheets. When characterization, valuation, and/or division of assets or debts is being mediated, each party shall submit a statement in the form required by LR 15. The parties shall timely submit any additional materials requested by the mediator. Materials submitted to the mediator shall not be filed with the Clerk of court. (b) Good Faith Obligation. The parties shall mediate in good faith. Failure to fully participate in mediation, including failure to submit required materials, refusal to discuss a contested issue, or refusal to consider a proposed resolution, shall be evidence of lack of good faith. A party may be sanctioned for failing to mediate in good faith; sanctions may include assessment of all costs of mediation, an award of attorney fees and costs to a party participating in good faith, or other sanctions ordered by the court. (c) Appearance. For good cause shown, the mediator may permit any participant in mediation to appear by telephone. At the mediator's discretion, persons other than the parties and their attorneys may be permitted to attend the mediation, Provided, that a party seeking permission for a non-party to attend shall give reasonable advance written notice of the request to every opposing party. (d) Agreement. Any agreement between the parties reached during the mediation process shall be reduced to writing before conclusion of the mediation and shall be endorsed by all parties, participating attorneys, and the mediator. The mediator may, upon notice to a person participating by telephone, endorse the agreement on behalf of that person. The mediator will cause a copy of the endorsed agreement to be provided to each party before conclusion of the mediation.

[Adopted May 27, 2012]

LRMM 4. CONFIDENTIALITY

(a) Disclosure of Communications. The work product of the mediator, and all statements by, and communications between, the mediator and any participant in the mediation proceedings, or by or between any participant and another participant or counsel for a participant, shall be confidential, and shall not be disclosed to any person, except as follows: (1) the mediator shall report to appropriate law enforcement and/or child welfare authorities information relating to the abuse of any child when such information comes to the mediator at any time in the mediation proceedings and the information appears to be evidence of a crime against a child; and (2) any written agreement endorsed by the parties as set forth in this rule may be filed with or disclosed to the court. (b) Admonition to Participants. The mediator shall provide in writing to all participants in the mediation process a copy of the foregoing provision prior to commencement of mediation.

[Adopted May 27, 2012]

LRMM 5. OTHER PROVISIONS

(a) Discovery. The mediation process does not stay, prohibit, supersede or otherwise affect the rights and obligations of the parties to conduct or provide discovery as set forth in applicable rules of court, or modify in any way the provisions of law for compelling the same. (b) Title and Citation. These rules are known and cited as the Grant County Superior Court Local Rules for Mandatory Mediation. "LRMM" is the official abbreviation. (c) Effective Date. This rule shall apply to all causes of action pending before the court on or after the 1st day of September, 2012, except those cases in which trial has commenced.

[Adopted May 27, 2012]

NOTICE OF STATUS CONFERENCE (NTSC) The contents of this item are only available on-line.

STATUS CONFERENCE STATEMENT (ST) The contents of this item are only available on-line.

SCHEDULING ORDER (ORSCS) The contents of this item are only available on-line.

NOTICE OF LOSS OF VOTING RIGHTS (LAR A) The contents of this item are only available on-line.

ORDER RESTORING VOTING RIGHTS (LAR B) The contents of this item are only available on-line.

SUPERIOR COURT FOR GRAYS HARBOR COUNTY LOCAL COURT RULES TABLE OF RULES

LOCAL GENERAL RULES (LGR) 29. Presiding Judge In Superior Court or District and Limited Jurisdiction Court District

LOCAL CIVIL RULES (LCR)

2. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS (Rules 3-6) 5 Service and Filing of Pleadings and Other Papers. 6 Time.

3. PLEADINGS AND MOTIONS (Rules 7-16) 7 Pleadings Allowed; Form of Motions. 11 Signing and Drafting of Pleadings, Motions, and Legal Memoranda; Sanctions 16 Pretrial Procedure and Formulating Issues.

6. TRIALS (Rules 38-53.4) 40 Assignment of Cases. 47 Jurors. 49 Verdicts. 51 Instructions to Jury and Deliberation. 52 Decisions, Findings and Conclusions

7. JUDGMENT (Rule 54-63) 59 New Trial, Reconsideration, and Amendment of Judgments.

10. SUPERIOR COURTS AND CLERKS (Rules 77-80) 77 Superior Court and Judicial Officers. 79 Books and Records Kept by the Clerk.

LOCAL FAMILY LAW CIVIL (LFLCR) 1 Scope of Rules. 16 Pretrial Procedure and Formulating Issues.

LOCAL MANDATORY ARBITRATION RULES (LMAR) I. SCOPE AND PURPOSE OF RULES 1.1 Application of Rules. 1.2 Matters Subject to Arbitration. 1.3 Relationship to Superior Court Jurisdiction and Other Rules.

II. TRANSFER TO ARBITRATION AND ASSIGNMENT OF ARBITRATOR 2.1 Transfer to Arbitration.

III. ARBITRATORS 3.1 Qualifications.

IV. PROCEDURES AFTER ASSIGNMENT 4.2 Discovery.

V. HEARING 5.1 Notice of Hearing. 5.2 Prehearing Statement of Proof.

VI. AWARD 6.2 Filing of Award. 6.4 Costs and Attorney Fees.

VII. TRIAL DE NOVO 7.1 Request for Trial De Novo.

VIII. GENERAL PROVISIONS 8.1 Stipulations. 8.4 Title and Citation. 8.7 Administration.

LOCAL GUARDIAN AD LITEM RULES (LGALR) 1 Scope and Definitions. 2 General Responsibilities of the Guardian Ad Litem. 3 Roles and Responsibilities of Guardian Ad Litem in Title 13 RCW Juvenile Court Proceedings. 5 Appointments of Guardian Ad Litem. 7 Grievance Procedures.

LOCAL CRIMINAL RULES (LCrR) 3. RIGHTS OF DEFENDANTS 3.1 Right to and Assignment of Lawyer. 3.2 Release of Accused. 3.3 Time for Trial.

4. PROCEDURES PRIOR TO TRIAL

4.2 Pleas. 4.5 Omnibus Hearing.

6. PROCEDURES AT TRIAL 6.1 Trial by Jury or by the Court. 6.15 Instructions and Arguments

7. PROCEDURES FOLLOWING CONVICTION 7.1 Procedures Before Sentencing. 7.2 Sentencing.

LOCAL JUVENILE COURT RULES (LJuCR) TITLE I. SCOPE AND APPLICATION OF RULES 1.0 Court Schedule. 1.6 Counsel 9.2 Additional Right to Representation by Lawyer.

LOCAL RULES FOR APPEAL OF DECISIONS OF COURTS OF LIMITED JURISDICTION (LRALJ) TITLE 8. ORAL ARGUMENT 7.1 Generally.

APPENDIX OF FORMS FORM 1 Note for Trial and Initial Statement of Arbitrability. FORM 2 Proposed Division of Assets and Liabilities in Family Law Cases.

RULE 29 PRESIDING JUDGE IN SUPERIOR COURT DISTRICT

(a) Election, Term, Vacancies, Removal and Selection Criteria - Multiple Judge Courts (1) Election. The Grays Harbor Superior Court Judges shall elect a Presiding Judge by majority vote at a meeting held in October or November of even numbered years. (2) Term. The Presiding Judge shall be elected for a term of two years, subject to reelection. (3) Vacancies. Interim vacancies in the office of Presiding Judge shall be filled by a majority vote of the Superior Court Judges at the first Judges meeting held after the vacancy is known to exist.

RULE 5 SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS.

(a) Service - When Required. (1) Bench Copies. All pleadings and other papers that a party wants the Court to consider at a scheduled trial or hearing must be filed and served on all parties with a bench copy to be provided to the Court. Bench copies must clearly indicate on the top of the first page of the document the current date and time set for the proceeding, the name of the assigned judicial officer, if known, and the cause number. Bench copies that do not include the required information on the first page may be disregarded by the judicial officer and the party submitting the defective bench copies may be subject to other sanctions as provided in CR 5(d)(2). (b) Service - How Made. (8) Bench Copies. Bench copies shall be submitted to the Court on the day of filing, but in no case later than the day prior to the hearing, by delivering a paper copy of the documents to the office of the Court Administrator or electronically with permission of Court Administration. Bench copies provided electronically must comply with the rules regarding time and format.

RULE 6. TIME

(d) For Motions - Affidavits. The moving party shall file and serve all motions and supporting documents by noon five days before the scheduled proceeding. All material in response to a motion shall be filed and served by noon the court day before the scheduled proceeding. (E) Ex Parte Matters. No allotted time for ex parte matters exists. Ex parte matters may be presented to the Judge in chambers or presented through the Clerk's office for a fee. Counsel is responsible for obtaining the Court file when presenting ex parte matters in chambers.

RULE 7. PLEADINGS ALLOWED; FORM OF MOTIONS.

(b) Motions and Other Papers. (1) How Made. (A) Reapplication on Same Facts. When an order has been applied for and refused in whole or in part or has been granted conditionally and the condition has not been performed, the same application for an order shall not be presented to another Judge without advising the second Judge of the fact that the order was previously refused or conditioned. (B) Subsequent Motion, Different Facts. If a subsequent application is made upon an alleged different set of facts, it shall be shown by affidavit what application was made, when and to what Judge, what order or decision was made thereon, and what different facts are claimed to be shown. Any order obtained in violation of this section may be set aside. (5) Telephonic Argument. Telephonic appearances are not allowed on motion docket calendars. All other requests for appearing at hearings by telephone for purposes of oral argument shall be approved by the Court and specially set by the Court Administrator.

RULE 11. SIGNING AND DRAFTING OF PLEADINGS, MOTIONS, AND LEGAL MEMORANDA; SANCTIONS.

(a)(1) Frivolous Motions. Terms and sanctions may be imposed if the Court finds that any motion or its opposition is frivolous.

RULE 16. PRETRIAL PROCEDURE AND FORMULATING ISSUES (b) Pretrial Order. (1) Settlement Conference. The Court may order a settlement conference in any civil case. The parties or the attorneys who will be in charge of each party's case shall attend personally and shall be prepared to discuss in detail and in good faith the issues of fact and law remaining, the evidence pertaining to liability and damages and the respective positions of the parties on settlement. The attorneys shall be accompanied by their clients or representatives possessing authority to settle unless excused by the Judge. 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 that trial on the merits without consent of all parties. (2) Pretrial Conference. In all civil cases the Court may order a pretrial conference on its own motion or that of any party. The order for a pretrial conference should specify the duties of the parties prior to the conference, whether attendance by the parties is mandatory, the information to be submitted prior to the conference, and items to be discussed at the conference. (3) Scheduling Orders. If no agreed scheduling order is filed within sixty days after the trial date is assigned, the Court Administrator, under the supervision of the Court, may set a scheduling order for the case. The scheduling order should include dates for the disclosure of primary witnesses and rebuttal witnesses. Other provisions may be required on a case by case basis. This pretrial schedule may be amended in writing by the mutual agreement of the parties only upon approval of the Court. (i) Disclosure of Primary Witnesses. The date by which each party shall have disclosed all persons with relevant factual or expert knowledge whom the party intends to call at trial. (ii) Disclosure of Rebuttal Witnesses. The date by which each party shall have disclosed all persons whose knowledge did not appear relevant until the primary witnesses were disclosed and whom the party reserves the option to call as witnesses at trial. (iii) Scope of Disclosure. Disclosure of witnesses under this rule shall include the witnesses name, address, and phone number, along with a brief description of the witnesses relevant knowledge. Disclosure of expert witnesses shall also include a summary of the expert's opinions and the basis therefore and a brief description of the expert's qualifications. (iv) Exclusion of Testimony. Any person not disclosed in compliance with this rule and a scheduling order may not be called to testify at trial, unless the Court orders otherwise for good cause and subject to such conditions as justice requires. (v) Discovery not Limited. This rule does not modify a party's responsibility to seasonably supplement responses to discovery requests or otherwise to comply with discovery by the deadlines set by a scheduling order.

RULE 40. ASSIGNMENT OF CASES

(b) Methods. All parties shall file a request for trial setting utilizing the format set forth in Form 1 located in the Appendix to these Rules and shall include a list of persons entitled to notice with their addresses. All parties have the obligation to inform the Court Administrator promptly of any errors or changes in this list. A copy of the request shall be provided to the opposing party or his or her attorney and to the Court Administrator. Ten days after receipt of the first request, the Court Administrator shall schedule the trial. All trial settings will be mailed by the Court Administrator to the parties at the addresses provided in the Note for Trial and Statement of Arbitrability unless a party has submitted a completed authorization to receive notification by email to the Court Administrator. Forms for authorizing notification by email are available from the Court Administrator. (d) Trials. (1) Trial Briefs. Trial briefs shall be submitted in all cases. The submitting party shall file the original with the Clerk and provide a bench copy to the Judge and one copy to each opposing party. Plaintiff's brief shall be served and filed not less than four days before the trial and Defendant's brief by noon of the court day before the trial. (2) Jury Trials. Counsel shall report to the Judge at least one-half hour before the scheduled beginning of a jury trial and provide the Judge with a written list of the names and city of residence of witnesses and general voir dire questions to be asked of the jury. Counsel shall be prepared to present any final pretrial matters to the Court. Pretrial matters requiring argument shall be noted for hearing prior to the morning of the trial. Jury trials should be conducted with minimal interruptions of the jury's time. To this end, matters which need to be heard outside the presence of the jury should be anticipated so that they can be considered during jury breaks or before or after the jury's day. Unless otherwise ordered or agreed, plaintiffs shall occupy the counsel table closest to the jury. (e) Continuances. Motions for trial continuances shall be in writing. Continuances of trials may be granted only by a Judge in writing for good cause shown. Continuances shall be to a date certain which shall be obtained through the Court Administrator. (g) Pre-assignment of Cases. (1) By the Court. The Judges may select those cases deemed appropriate for pre-assignment due to length of trial or complexity of issues. The Court shall notify the parties of any pre-assignment. (2) By Motion. The parties by stipulation may request that a case be pre-assigned, or any party may place a motion for pre-assignment upon the appropriate motion calendar. (3) Affidavits of prejudice against the assigned Judge which are not based on actual cause will be deemed waived unless filed by a party before receiving notice of pre-assignment. (4) All Matters to be Heard by Pre-assigned Judge. Once a case has been pre-assigned, all subsequent matters and proceedings except settlement conferences shall be heard before the assigned judicial officer, if available. (h) Notice of Calendar and Trial Changes. Whenever a cause which has been set for trial is settled or will not be tried for any reason, or if a jury is subsequently waived, the parties shall immediately notify the Court Administrator. If it becomes apparent that the time allocated for a trial will not be adequate to complete the trial, the parties shall promptly notify the Court Administrator of that fact and of the time necessary to complete the trial. The Court may assess actual costs or other sanctions for a violation of this rule.

RULE 47. JURORS (k) Appeals on Written Record. Cases set for jury trial which are appeals based on a written record which is read to the jury may be heard without the presence of a Judge or court reporter during the reading of the record. The rulings of the hearing official will stand unless objections are renewed before trial. Counsel will meet and confer before trial and agree as much as possible on the order of the record and what portions will be read. Counsel shall notify the trial Judge before the jury is empaneled of those portions of the record upon which the trial Judge will be asked to rule and of any other matters relating to the reading of the record that need to be resolved prior to trial.

RULE 49. VERDICTS

(e) (1) Proceedings When Jurors Have Agreed. A party or attorney desiring to be present at the return of the verdict must remain in attendance at the courthouse or be available by telephone call. If a party or attorney fails to appear within twenty minutes of telephone notice to the attorney's office, home or other number, the Court may proceed to take the verdict in the absence of such party or attorney.

RULE 51. INSTRUCTIONS TO JURY AND DELIBERATION

(b) Submission. Proposed instructions utilizing Washington Pattern Jury Instructions shall be submitted by each party no later than the day before trial. The proposed instructions shall be formatted to be consecutive and contiguous rather than one per page. One printed copy each of annotated proposed instructions shall be provided to the clerk, the trial Judge, and each opposing party. Any modification to the Washington Pattern Jury Instructions shall be clearly noted on the annotated copies. A digital copy of the proposed instructions without citation shall also be provided to the trial Judge. The digital copy may be emailed to Court administration or delivered on electronic writable media storage.

RULE 52. DECISIONS, FINDINGS AND CONCLUSIONS (a) Presentation. When the entry of Findings of Fact and Conclusions of Law are required either by rule or statute, the prevailing party, within fifteen (15) days of the decision being rendered, shall file along with proposed Findings of Fact and Conclusions of Law and a Proposed Judgment/Order and deliver a copy of same to the Court and to all other parties with a timely notice of presentment setting the matter for a date certain. On the prevailing party's failure to do so, any other party to the matter may timely note the matter for presentment subject to filing and delivery of the same required documents identified herein. (1) Objections. Any party objecting to the proposed final orders submitted by another party shall file written objections with proposed substitutions and deliver a copy of same to the prevailing party and the Court by noon the day before the scheduled presentment hearing. The objecting party shall notify all parties and the Court Administrator that a special setting is required for entry of orders and that the original presentment date should be stricken. (2) Transcript of Ruling. Any party obtaining a transcript of the ruling for which final orders are required shall provide a copy of same to all other parties and the Court. At the time of the hearing on entry of orders, the Court shall determine who shall ultimately be responsible for the costs of the transcript. (3) Intent. The Court's intent is to finalize all matters as early as possible after oral decisions are rendered.

RULE 59. NEW TRIAL, RECONSIDERATION, AND AMENDMENT OF JUDGMENTS

(e) Hearing on Motion. (4) Reconsideration. A motion for reconsideration shall be submitted on briefs and affidavits only, without oral argument, unless the trial Judge requests oral argument. The moving party shall file the motion and all supporting affidavits, documents and briefs at the same time, and on the date of filing, serve on or mail a copy thereof to opposing counsel, and deliver a copy thereof to the trial Judge which copy shall show the date of filing. The trial Judge shall either deny the motion and advise counsel of the ruling or request responding briefs and direct the movant to note the motion for hearing.

LCR 77 SUPERIOR COURTS AND JUDICIAL OFFICERS (f) Sessions. The Court shall be in session on all judicial days from 8:30 a.m. to 12:00 noon, and from 1:15 p.m. to 4:30 p.m. Cases may be set for other dates and times. Normally jury trials begin at 8:30 a.m. and non-jury trials begin at 9:00 a.m. In case of conflict, the cases will be heard according to priority assigned because of the nature of the case. In event of a conflict which prevents a trial from beginning as scheduled, parties will be expected to be available to commence the trial at a later time in the day or week. The Court Administrator's office will be open from 8:30 a.m. to noon and from 1:15 p.m. until 4:30 p.m. on every court day; however, no documents will be accepted for filing in this office nor will documents be accepted for delivery to the Court as bench copies beyond the deadlines set forth in these rules. (1) Motion Dockets. The civil, family law and criminal motion dockets o shall be conducted on Monday, as more specifically set forth below, or at such other times as the court may direct. If Monday is a holiday, the motion dockets will be heard on the next regular court day. Motion dockets will not occur during judicial conference weeks. A list of those dates will be posted each year on the Grays Harbor County Superior Court Website. (A) Civil Motion Docket. The civil motion docket will begin at 8:30 a.m. at the courthouse in Montesano. Summary judgment motions and motions requiring argument longer than five minutes per side will be heard on Monday afternoons beginning at 1:30 p.m. All motions requiring an afternoon setting shall be scheduled through the Court Administrator or specially set by a Judge. (B) Family Law Motion Docket. The family law motion docket will begin at 9:00 a.m. at the courthouse in Montesano. (C) Time Allowed for Oral Argument. On the morning civil and family law motion dockets, the parties shall be limited to five minutes of oral argument. At the conclusion of the time limit, argument shall cease and the matter shall be deemed submitted provided that if the Court desires to hear further argument, it may place the matter at the end of the motion docket, set the matter for further argument on the afternoon docket, or continue the matter to a specified date.

(D) Other Motion Dockets. The Court shall conduct a motion docket for paternity cases and default domestic cases on Mondays at 1:00 p.m. at the courthouse in Montesano. The domestic violence protection order petitions will be heard on Monday at 2:00 p.m. at the courthouse in Montesano. (E) Scheduling Motions. All matters for the morning dockets shall be noted through the Clerk's office. All matters for the afternoon or special setting dockets shall be set by the Court Administrator. (i) Confirmation Process. Any motion noted on an afternoon docket will be stricken from the calendar unless the hearing is confirmed with the Court Administrator in person, by email, or by telephone at 360-249-5311. Such confirmation shall be given by noon on the Thursday prior to the hearing. (ii) Continuances. Motions may be continued one time by stipulation of the parties. Additional continuances require approval of the Court. If a moving party is not ready to argue his or her motion at the time it is called by the Court for reasons other than lack of service duly attempted, the matter shall be stricken subject to being re-noted by the moving party at a later date. (F) Petitions for Adoption. Uncontested petitions for adoption shall be specially set for Mondays at 8:00 a.m. after first obtaining approval of the Court Administrator.

(effective 06/20/19)

RULE 79. BOOKS AND RECORDS KEPT BY THE CLERK

(d) Other Books and Records of Clerk. (1) Exhibits. When an exhibit is marked for identification it becomes part of the Court record and, except when used in the courtroom or on appeal, shall not be removed from the Clerk's custody without a Court order. After 30 days' written notice to all parties of record following final disposition of a civil or family law case, the Court may order the Clerk to destroy or dispose of physical evidence unless good cause is shown why it should be preserved.

RULE 1. SCOPE OF RULES

The Superior Court Civil Rules (CR) and the Grays Harbor County Local Superior Court Civil Rules (LCR) govern procedure for all civil matters including family law matters except where superseded by a local family law court rule (LFLCR). In family law matters, if a conflict exists between a LCR and a LFLCR, the LFLCR shall be take precedence and govern.

RULE 16. PRETRIAL PROCEDURE AND FORMULATING ISSUES

(b) Pretrial Order. (1) Settlement Conference. The Court may order a settlement conference in any family law case on its own motion or on the motion of a party. The motion of a party for a settlement conference shall be noted on the family law motion calendar. If a settlement conference is ordered, all parties and their attorneys, if any, shall attend personally unless excused by the settlement Judge and all persons in attendance shall be prepared to discuss in detail and in good faith the issues of fact and law remaining, the evidence pertaining to the issues, and the respective positions of the parties on settlement. Settlement conference proceedings shall be privileged and not recorded. If a settlement is not reached, the settlement Judge shall not make any subsequent rulings or preside at that trial on the merits without consent of all parties. (2) Pretrial Conference. In all family law cases, the Court Administrator will schedule a pretrial conference on the family law motion calendar the week before the week the case is scheduled for trial. Prior to the pretrial conference, if the parties have not agreed on the division of the parties' assets and liabilities, each party shall, utilizing a format consistent with that set forth in Form 2 located in the Appendix to these Rules, file and exchange a document setting forth that party's proposed allocation and the estimated values of the items before the Court for division. The attorneys and/or parties shall attend the pretrial conference to discuss the status of the case and readiness for trial. (A) Pretrial Statement. In any contested family law action in which property division, the parenting plan, spousal maintenance, or child support is at issue, each party shall serve on the other party and file with the Court a written summary setting forth a brief statement of the issues in dispute and a brief statement of the party's proposed resolution of the issues.

Unless otherwise excused by the Court, each party's pretrial statement must be served and filed no later than the day of pretrial conference or settlement conference, whichever occurs first, unless otherwise ordered by the Court. Failure to timely serve and file the pretrial statement as required may result in sanctions.

RULE 1.1 APPLICATION OF RULES

The Mandatory Arbitration Rules as supplemented by these local rules are not designed to address every question which may arise during the arbitration process and the rules give considerable discretion to the arbitrator. The arbitrator should not hesitate to be informal and expeditious, consistent with the purpose of the statute and rules.

LMAR 1.2 MATTERS SUBJECT TO ARBITRATION The Superior Court of Washington for Grays Harbor County authorizes mandatory arbitration on all matters where no party asserts a claim for damages in excess of one hundred thousand dollars ($100,000) pursuant to LMAR 1.2 and subject to the payment of any filing fees required by local ordinance for such matters. (effective 6/20/19)

RULE 1.3 RELATIONSHIP TO SUPERIOR COURT JURISDICTION AND OTHER RULES

(c) Motions. All motions in which a party is requesting the matter be submitted to arbitration shall be noted on the civil motions calendar in accordance with Grays Harbor County Local Rules, except as otherwise provided in these arbitration rules.

RULE 2.1 TRANSFER TO ARBITRATION

(a) Statement of Arbitrability. In every civil or family law case to be arbitrated, the party filing the note for trial shall complete a statement of arbitrability substantially in the form set forth in Form 1 in the Appendix of Forms for the LCRs. (b) Response to Statement of Arbitrability. Any party disagreeing with the statement of arbitrability shall serve and file a response to the statement of arbitrability with a copy of the statement of arbitrability and note for trial setting objected to within ten days of the service of the statement of arbitrability and note for trial setting. A copy of both the statement and response shall be furnished to the Court Administrator by the responding party at the time of filing so that an objection calendar may be prepared. In the absence of such a response, the statement of arbitrability shall be deemed correct, and a non-responding party shall be deemed to have stipulated to arbitration if the statement of arbitrability provides that the case is arbitrable. Otherwise, the case will not be subject to arbitration except by stipulation of the parties or Court order and will be set for trial on the trial calendar. (d) By Stipulation. If all parties file a stipulation to arbitration under MAR 8.1, the case will be placed on the arbitration calendar regardless of the nature of the case or amount in controversy.

RULE 3.1 QUALIFICATIONS

(a) Arbitration Panel. There shall be a panel of arbitrators in such numbers as the Presiding Judge or his/her designee may from time to time determine. A person desiring to serve as an arbitrator shall complete an application on a form prescribed by the Court and submit the application to the Court Administrator. A copy of said application of a person appointed as an arbitrator will be available upon request by any party and will be mailed to a requesting party at the party's own expense. The oath of office on the form prescribed by the Court must be completed and filed with the Court Administrator prior to an appointed applicant being placed on the panel. (b) Declining An Appointment. Any arbitrator to whom a case has been assigned may decline to serve based on unavailability, conflict of interest, or other reason premised on good cause by immediately notifying the presiding Judge or his/her designee of such declination and the grounds for same. Upon declining to serve, the arbitrator must return all case materials to the presiding Judge or his/her designee.

RULE 4.2 DISCOVERY

(b) Discovery Pending at the Time Arbitrator is Assigned. Discovery pending at the time the case is assigned to an arbitrator is stayed pending order from the arbitrator or as the parties may stipulate or as authorized by MAR 4.2.

RULE 5.1 NOTICE OF HEARING

An arbitration hearing may be scheduled at any reasonable time and place chosen by the arbitrator considering available dates indicated by the parties. The arbitrator may grant a continuance without Court order. The parties may stipulate to a continuance only with the permission of the arbitrator. The arbitrator shall give reasonable notice of the hearing date and any continuance to the presiding Judge or designee.

RULE 5.2 PREHEARING STATEMENT OF PROOF

(a) Generally. In addition to the requirements of MAR 5.2, each party shall also furnish the arbitrator with copies of pleadings and other documents contained in the court file which that party deems relevant.

RULE 6.2 FILING OF AWARD

(a) Extensions of Time. A request by an arbitrator for an extension of time for the filing of an award shall be presented to the Presiding Judge or his/her designee. The arbitrator shall give the parties notice of any extension granted. Recurring delays in the filing of awards will result in the removal of the arbitrator from the panel at the discretion of the Court. (b) Return of Exhibits. When an award is filed, the arbitrator shall return all exhibits to the parties who offered them during the hearing.

RULE 6.4 COSTS AND ATTORNEY FEES

(a) Request. (1) Compensation of Arbitrator. Arbitrators shall be compensated at a rate to be set by the state. This compensation shall not exceed $1,000.00 without receiving prior approval from the Presiding Judge or his/her designee. Requests to exceed the $1,000.00 limit shall be submitted in advance if possible to the Presiding Judge or his/her designee. In situations where the arbitrator goes over the limit without gaining prior approval, a written explanation shall be attached to the arbitrator's request for compensation. Hearing time and reasonable preparation time by the arbitrator are compensable. Arbitrators may be reimbursed a sum not to exceed $25.00 for costs incurred unless otherwise authorized in advance by the Presiding Judge or his/her designee. (2) Form. When the award is filed, the arbitrator shall submit to the Court Administrator a request for payment on a form prescribed by the Court. The Court Administrator shall screen these requests, consult with the Presiding Judge or his/her designee in unusual circumstances, and process the compensation requests for payment.

RULE 7.1 REQUEST FOR TRIAL DE NOVO

(a) Service and Filing. The request for trial de novo shall be accompanied by a request for trial setting using Form 1 in the Appendix of Forms to these local rules. (d) Calendar. When a trial de novo is requested, trial shall be set by the Court Administrator.

RULE 8.1 STIPULATIONS

(a) To Arbitrate Other Cases. If a case not otherwise subject to mandatory arbitration is transferred to arbitration by stipulation, the arbitrator may grant any relief which could have been granted if the case were determined by a Judge.

RULE 8.4 TITLE AND CITATION

These rules are known and cited as the Local Mandatory Arbitration Rules for the Superior Court of Grays Harbor County. LMAR is the official abbreviation.

RULE 8.7 ADMINISTRATION

(a) Court Administrator. The Court Administrator, under the supervision of the Superior Court Judges, shall supervise arbitration under these rules and perform any additional duties which may be delegated by the Judges. (b) Duties. The Court Administrator, under the supervision of the Superior Court Judges, shall have the power and duty to: (1) Develop and maintain local arbitration procedural rules; (2) Select and appoint the panel of arbitrators provided in Rule 3.1(a); (3) Remove a person from a panel of arbitrators; (4) Establish procedures for selecting an arbitrator not inconsistent with the Mandatory Arbitration Rules or these rules; (5) Review the administration and operation of the arbitration program periodically and make recommendations to the Superior Court Judges as he/she deems appropriate to improve the program.

LCrR RULE 3.1 RIGHT TO AND ASSIGNMENT OF LAWYER

(d) Assignment of Lawyer. Unless the defendant has indicated an intent to hire private counsel, appointment of counsel for indigent defendants shall be made by the Court at the preliminary appearance. The clerk shall notify the appointed attorney and the attorney shall file a written notice of appearance. The Prosecuting Attorney shall email copies of the Information, Motion and Declaration for Arrest Warrant, Defendant's Criminal History and Adult Risk Assessment to the defense attorney on the same day as the first appearance or when counsel is appointed. In addition, the Prosecutor shall file as confidential the Adult Risk Assessment if one was created. (4) (a) Compliance With Standards for Indigent Defense and County Contracts. Attorneys appointed to provide indigent defense services under this Rule shall submit the required compliance certification to the Court Administrator each quarter and a caseload update and proof of insurance to the County Commissioners as required under the attorney contract for services. Failure of an attorney to submit the required compliance certifications will result in requests for payment being denied until compliance has been achieved.

RULE 3.2 RELEASE OF ACCUSED

(b) Relevant Factors. In applying for pretrial release, a defendant should be prepared to provide the Court with information under CrR 3.2(b) and other relevant information subject to the right of the defendant not to give evidence of an incriminating nature against himself. An application form will be available in the courtrooms.

LCrR RULE 3.3 TIME FOR TRIAL

(f) Setting of Trial Date. The State and the defendant or defense counsel shall set trial, selecting from a list the Court Administrator provides, at the arraignment hearing.

RULE 3.4 SUPERIOR COURT COMMISSIONERS - AUTHORITY - CRIMINAL CASES The Judges of Grays Harbor County Superior Court hereby adopt the provisions of RCW 2.24.040, as amended, and specifically authorize Grays Harbor County Superior Court Commissioners, appointed under Article 4, Section 23 of the constitution of the State of Washington, to accept and enter pleas of guilty by adult criminal defendants in accordance with CrR 4.2. [Adopted 7/10/18]

RULE 4.2 PLEAS

When a case is set for trial, the Court Administrator shall assign a date for a pretrial conference which shall be at least two weeks prior to the trial date. Pleas of guilty should be entered by the pretrial conference. The Court may refuse to grant a discretionary reduction or dismissal of charges or counts if a plea is entered after the time for the pretrial conference. If the defendant fails to appear at the pretrial conference, the Court may strike the trial date and issue a warrant for the defendant's arrest.

RULE 4.5 OMNIBUS HEARING (d) Motions. (1) How Made. The moving party shall note motions in a timely manner so that all hearings and motions (other than final pretrial motions which can be completed before the time the trial is set to begin) will be heard at least seven days prior to the date of trial. Failure to timely note motions for hearing in accordance with this rule shall be deemed a waiver of the pretrial hearing on such motions. The civil rules relating to motions and hearings (LCR 7) apply to criminal cases. (2) Legal Authority in Support of Motions. Counsel shall submit briefs that specify legal authority in support of, or in opposition to, a pending motion. The brief of the moving party shall be submitted at least four days before the scheduled hearing, and the brief of the responding party shall be filed at least by noon one day prior to the day of the hearing. Copies of all motion briefs shall be submitted to the Judge who has been assigned to hear the motion. (3) Reapplication on Same Facts. When a motion seeking relief has been refused in whole or in part or has been granted conditionally and the condition has not been performed, the same application for relief shall not be presented to another Judge without advising the second Judge of the fact that the prior motion was previously refused or conditioned. (4) Subsequent Motion, Different Facts. If a subsequent motion for relief is made upon an alleged different state of facts, it shall be shown by affidavit what application was made, when and to what Judge, what order or decision was made thereon, and what new facts are claimed to be shown. Any order obtained in violation of this section may be set aside. (h) Memorandum. The parties may submit an agreed order on omnibus. If an agreed order will not be submitted, each party shall prepare and submit an omnibus application substantially in the form set forth in Criminal Rules for Superior Court on or before the time set for the omnibus hearing. It is not necessary to make separate written motions where such motions have been checked on the party's omnibus application. The moving party shall note such motions for hearing in accordance with these rules. Briefs and supporting documents shall be submitted as required by these local rules.

RULE 6.1 TRIAL BY JURY OR BY THE COURT

If a party fails to comply with these local rules regarding trial procedures, the Court may impose monetary sanctions, or enter such other orders, as the Court deems appropriate to address and remedy the failure to comply. (a) Trial by Jury. (1) Pretrial matters on or before Trial Day. Counsel shall report to the assigned Trial Judge at least one-half hour before the scheduled beginning of a jury trial and provide the Judge with a written list of the names and city of residence of witnesses and general voir dire questions to be asked of the jury. Counsel shall be prepared to present any final pretrial matters to the Court. Pretrial matters requiring argument shall be noted for hearing prior to the morning of the trial. Jury trials should be conducted with minimal interruptions of the jury's time. To this end, matters which need to be heard outside the presence of the jury should be anticipated so that they can be considered during jury breaks or before or after the jury's day. Unless otherwise ordered or agreed, plaintiffs shall occupy the counsel table closest to the jury. (e) Trial Briefs. Trial briefs shall be required in all cases. The original shall be filed with the Clerk, with one copy provided to the Judge and one copy provided to each opposing party. The prosecuting attorney's brief shall be served and filed not less than four court days before the trial and the defendant's brief shall be served and filed by noon of the court day before the trial.

LCrR RULE 6.15 INSTRUCTIONS AND ARGUMENTS

(a) Proposed Instructions. Proposed instructions utilizing Washington Pattern Jury Instructions shall be submitted by each party no later than three days before trial. The proposed instructions shall be formatted to be consecutive and contiguous rather than one per page. One printed copy each of annotated proposed instructions consecutive and contiguous rather than one per page. One printed copy each of annotated proposed instructions shall be provided to the clerk, the trial Judge, and each opposing party. Any modification to the Washington Pattern Jury Instructions shall be clearly noted on the annotated copies. A digital copy of the proposed instructions without citation shall also be provided to the trial Judge. The digital copy may be emailed to Court administration or delivered on electronic writable media storage.

RULE 7.1 PROCEDURES BEFORE SENTENCING

(d) Other Reports

(1) Counsel's Presentence Reports. All counsel shall submit written presentence reports to the Court no later than noon on the court day preceding sentencing.

LCrR RULE 7.2 SENTENCING

(a) Generally. A sentencing hearing shall be set on Fridays at 8:30 a.m. for defendants whose standard range sentence exceeds 365 days and requires imprisonment with the Department of Corrections. The sentencing hearing shall be set with the Court Administrator unless ordered by the Court. (e) Work Release. Defendants requesting work release shall submit an application, a form for which will be available in the courtrooms. Work release applications shall be submitted to the corrections facility staff for comment before being submitted to the Court for approval. (f) Release of Information. Whenever a person is allowed to receive credit against a jail sentence for time spent in a place other than the Grays Harbor County Jail, the County Corrections Department may require the person to complete an appropriate release of information form so that the corrections staff can fully monitor the time served.

RULE 1.0 COURT SCHEDULE Juvenile Court proceedings are generally held at the Grays Harbor County Juvenile Facility located at 103 Hagara Street, Aberdeen, Washington, with calendars scheduled as follows: The times and dates for Dependency, Truancy, CHINS & At-Risk-Youth calendar schedules will be posted on the Superior Court Website as well as the Superior Court Clerk's Office and the Juvenile Court facility bulletin board. The time and place for Juvenile Criminal trials, Dependency and Termination of Parental Rights testimonial proceedings will be as set by the Court Administrator.

RULE 1.6 COUNSEL

Insofar as applicable, the rules relating to appointment of counsel, withdrawal, and fees in criminal cases shall likewise apply to juvenile cases. No attorney for parent or child, whether privately retained or appointed, shall be permitted to withdraw without Court approval.

RULE 9.2 ADDITIONAL RIGHT TO REPRESENTATION BY LAWYER

(d)(1)(a) Compliance With Standards for Indigent Defense and County Contracts. Attorneys appointed to provide indigent defense services under this Rule shall submit the required compliance certification to the Court Administrator each quarter and a caseload update and proof of insurance to the County Commissioners as required under the attorney contract for services. Failure of an attorney to submit the required compliance certifications will result in requests for payment being denied until compliance has been achieved.

RULE 7.1 GENERALLY At the time of the filing of appellant's brief, the appellant shall also note the matter for hearing on the motion docket for a hearing date not less than 30 days from the date of filing of appellant's brief. The hearing should be set for no later than five months after the date the appeal is taken.

RULE 1. SCOPE AND DEFINITIONS

(b) Definitions. As used in this rule, the following additional term means: (5) Client. "Client" for purposes of these rules shall mean the person(s) for whom the guardian ad litem has been appointed. (c) Appointment of Guardian Ad Litem. Unless the parties to the case agree on the appointment of a specific guardian ad litem, the Judge shall select a guardian ad litem from the applicable registry as required. For Title 13 cases, the Court shall appoint the individual or individuals to whom the Grays Harbor County contract for service as a guardian ad litem in dependency actions is currently awarded or to a Court Appointed Special Advocate ("CASA") volunteer program unless a conflict exists. Where a conflict exists in such actions, the Court shall then appoint a guardian ad litem who has met all other qualifications for inclusion on a Title 13 RCW Guardian Ad Litem registry. For Title 26 RCW paternity cases requiring appointment of a guardian ad litem who has entered into a contract with the State of Washington to provide such services, the Court shall only appoint individuals who are currently under contract with the state to provide such services unless no such individual is available.

LGALR RULE 2. GENERAL RESPONSIBILITIES OF THE GUARDIAN AD LITEM

The general responsibilities of guardians ad litem operating in this county shall be consistent with the state rules with the following clarifications and additions: (a) Represent best interests. A guardian ad litem who is also an attorney may, however, answer simple procedural questions of another party who is unrepresented by counsel to facilitate clarity in the proceedings. (m) Ex parte communications. During the pendency of a case, a guardian ad litem shall communicate privately with the Judge only for purposes of obtaining special instructions from the Judge as to the scope of the guardian ad litem's investigation, to communicate an agreement of the parties, to present agreed orders, to obtain an ex parte restraining order or ex parte contempt show cause order for the protection of the guardian ad litem's client, to obtain access to sealed or confidential court files, or in an emergency situation to protect the life of the guardian ad litem's client. In all such cases, the guardian ad litem should notify the parties or their counsel of such communications and the content of same within a reasonable period of time. (q) Records of time and expenses. (1) For Title 11 RCW cases where the county guarantees payment of the guardian ad litem fees and costs, the guardian ad litem shall file with the Court a notice and motion in the form prescribed by the Court with an itemized statement for payment of the guardian ad litem fees and costs and provide a copy of same to each party. Billings should be submitted quarterly with final billings on cases due within 45 days of completion of services. (2) For Title 13 RCW and Title 26 RCW cases where the county guarantees payment of the guardian ad litem fees and costs, the guardian ad litem, if not serving under an annual contract for services with the county, shall file with the Court a petition and proposed order with an itemized statement for payment of said fees and costs. Billings should be submitted quarterly with final billings on cases due within 45 days of completion of services. (3) For paternity cases where the state guarantees payment of the guardian ad litem fees and costs, the guardian ad litem shall complete the form provided by the state and attach an itemized statement and submit same to the Grays Harbor County Deputy Prosecuting Attorney for the Office of Support Enforcement within sixty days of entry of final orders. (4) For private pay cases, the guardian ad litem shall either submit an invoice and itemized statement to the parties for payment or submit a notice, motion and itemized statement to the Court for entry of a judgment and order for payment of fees. At any time during the course of an active case, any party may request an itemized statement from the guardian ad litem of the fees and costs incurred to date which the guardian ad litem shall provide within ten working days.

LGALR RULE 3 ROLES AND RESPONSIBILITIES OF GUARDIAN AD LITEM IN TITLE 13 RCW JUVENILE COURT PROCEEDINGS

(b) Concurrent planning. In Title 13 RCW juvenile court proceedings, a guardian ad litem shall explore concurrent planning and make a timely recommendation to the Court for a permanent plan for the child. In order to accommodate the guardian ad litem's duties in Title 13 RCW juvenile court proceedings, the guardian ad litem shall be timely notified of and invited to all Department staffings, meetings, and other proceedings involving the dependency to which counsel for the parents are provided notice and shall be provided access to and/or copies of all documentation in the possession of the Department involving the parties to the dependency within thirty days of the appointment of the guardian ad litem and at no cost to the guardian ad litem subject to the Department's responsibility to redact certain identifying information and to provide updated information as it becomes available to the Department as set forth in Title 13 RCW.

RULE 5. APPOINTMENTS OF GUARDIAN AD LITEM

(c) Guardian Ad Litem Registries. Meeting the minimum qualifications necessary to be eligible for inclusion on any Grays Harbor County guardian ad litem registry does not guarantee that an individual will be approved for such inclusion. The Grays Harbor Superior Court judiciary reserves the right establish an application process and to reject any applicant.

RULE 7. GRIEVANCE PROCEDURES

(k) Purpose statement. The procedure for handling grievances and/or imposing discipline against a guardian ad litem provided hereunder are intended to facilitate a process which is fair, expedited, and protective of all participants. l) Procedure for Filing a Grievance. (1) Filing the Grievance. Only a party to a case may file a grievance against a guardian ad litem. The grievance must be in writing and filed with the Court Administrator. The complaint must state with specificity the act or failure to act of concern to the complaining party and shall include the following information: (A) The name, mailing address, telephone number, and e-mail address (if any) of the person filing the grievance; (B) The case number and case name; (C) The name of the Judge or Court Commissioner hearing the case; (D) The trial date; (E) Whether the party filing the grievance has discussed the complaint with the guardian ad litem; (F) What action the guardian ad litem has taken to address the complaint; (G) Which provision of the Order Appointing Guardian Ad Litem or of these rules the party filing the grievance is claiming the guardian ad litem has violated; (H) A brief, concise statement of the specific facts underlying each alleged violation; and (I) What the party filing the grievance is requesting be done to correct the problem complained of and why. (2) Grievances Filed During the pendency of a Case. (A) If the grievance pertains to a pending case or if trial in the pending case is underway, the Court Administrator shall, within three business days of receipt, forward the grievance to the presiding or assigned judicial officer to handle the grievance with a copy being sent to the affected guardian ad litem. (B) Within three business days of receiving the grievance, the judicial officer shall make an initial determination of whether or not there is adequate cause to proceed with the grievance. (C) If the initial determination is that the grievance is without adequate cause, the matter will be closed and all parties will be so notified. The grievance shall be held as a confidential, sealed record in the files of the Court Administrator for six years following dismissal of the grievance unless specifically directed otherwise by the judicial officer making the initial determination. (D) If the initial determination is that there is adequate cause to proceed with the grievance, the guardian ad litem shall be allowed to file a response to the grievance within fourteen days of receiving notice from the Court by forwarding a copy of the response to the complaining party with the original response being sent to the Court Administrator who will deliver same to the judicial officer making the initial determination. (E) Upon receipt of the response from the guardian ad litem or upon passage of the fourteen day response period, whichever is sooner, the judicial officer shall review the response and thereafter issue a final written or oral disposition of the matter no later than twenty-five days following the filing of the grievance. The original copy of a written disposition or a transcript of an oral disposition shall be placed in the grievance file with copies of the written disposition being forwarded to the complaining party and to the guardian ad litem. (F) If the final written disposition is that the grievance should be dismissed, the procedure with regard to retention of the grievance set forth in paragraph 7(l)(2)(C) above shall be followed. If, as part of the final disposition, there has been a finding that the grievance was not brought in good faith or was otherwise frivolous or designed to impact the pending proceedings through increased costs to the other party or guardian ad litem, terms in the form of costs or other sanctions may be imposed against the grieving party. (G) If the final written disposition is that the grievance was brought in good faith and has been determined to be well-founded, there shall be a method of discipline to be imposed upon the guardian ad litem set forth in the disposition which shall take effect immediately. Accepted forms of discipline shall consist of one or more of the following: (1) a verbal or written reprimand, (2) removal from the pending case; (3) suspension of the guardian ad litem from the registry for a period not to exceed ninety days, (4) suspension of the guardian ad litem from the registry until such time as the guardian ad litem has provided satisfactory proof of completing additional training in a specific area described in the disposition, (5) imposition of terms in the form of costs or other monetary sanctions, and/or (6) permanent removal of the guardian ad litem from the registry for Title 11 RCW, Title 13 RCW, and/or Title 26 RCW cases. If the discipline imposed is permanent removal from any guardian ad litem registry, notification of same shall be forwarded to the Office of the Administrator for the Courts for circulation to other counties. The confidential file of the grievance shall include the original grievance, the guardian ad litem's response, and the written initial and final dispositions of the matter and shall be maintained by the Court Administrator for a period for no less than six years. (H) Timelines stated herein may be modified by the judicial officer for good cause. In calculating times, items mailed shall be deemed received by the addressee three days after the date of mailing. (3) Grievances Filed After the Conclusion of a Case or After Discharge of the Guardian Ad Litem. If the grievance pertains to a case in which final orders have been entered or an order discharging the guardian ad litem has been entered, the Court Administrator shall, within five business days, forward the grievance to the judicial officer who presided over the trial in the case or who signed the final orders/order of discharge with a copy to the affected guardian ad litem. Thereafter, the procedures set forth in section 7(l)(2) shall be followed except that five additional business days shall be added to each subsequent deadline indicated in that section.

FORM 1 NOTE FOR TRIAL AND INITIAL STATEMENT OF ARBITRABILITY The contents of this item are only available on-line.

FORM 2 PROPOSED DIVISION OF ASSETS AND LIABILITIES IN FAMILY LAW CASES The contents of this item are only available on-line.

Local Rules for Kittitas County Superior Court Table Of Rules

General Local Rules (GLR) GLR 1 Applicability in General GLR 2 Superior Court Rule Making Procedure GLR 3 Indigent Defense

Local Civil Rules (LCR) LCR 7 Motions Practice LCR 40 Trial Setting LCR 47 Peremptory Challenges LCR 54 Attorney Fees, Terms and Imposition Of Costs LCR 56 Summary Judgments LCR 59 Motion for New Trial, Reconsideration, and Amendment of Judgments LCR 77 Sessions/Court Hours, Hearing Days LCR 79 Books and Records LCR 80 Court Reporters

Special Proceedings Rules (KCLSPR) SPR 94.04 Family Law Actions

Local Guardian Ad Litem Rule For Superior Court (LGALR) LGALR 1 Guardian Ad Litem

Local Criminal Rules for Superior Court (LCrR) LCrR 1 Mandatory Appearances LCrR 2 Status Conference LCrR 3 Motions in Limine

Exhibits Exhibit A Note for Trial Setting Exhibit B Note for Settlement Conference and Trial Setting Exhibit C Note for Motion Docket Exhibit D Guidelines for Domestic Relations Cases

GLR 1 APPLICABILITY IN GENERAL

A. Authority. These rules are made pursuant to CR 83. B. Suspension of Rules. The court may modify or suspend any of these Rules, in any given case, upon good cause being shown therefore or upon the court's own motion.

GLR 2 SUPERIOR COURT RULE MAKING PROCEDURE

A. Initiation of Rules Changes. All suggestions for rules changes shall be sent to the members of the Kittitas County Bar Association and to other interested parties as determined by the presiding judge. B. Consideration of Proposed Rules Changes. All suggested rules changes shall be considered by the judges of the Superior Court of Kittitas County in consultation with the Kittitas County Bar Association. If a proposed rule or rule change is approved, it will be published for comment as follows: (1) By posting the proposed rule(s) on the bulletin board of the Office of the Clerk of the Court and of the Court Administrator's office. (2) By transmitting the proposed rule(s) to the Kittitas County Bar Association, which shall publish the same to its members. C. Consideration of Comments. All comments on proposed rules should be directed to the presiding judge. The court shall consider all comments, criticisms, objections and suggestions submitted within 30 days of the date for publishing for comment. D. Final Adoption, Publication, and Effective Date. After the comment period, the court shall publish the rule changes as finally approved. E. Limitation of Amendments; Exceptions. The court shall make rule changes only in accordance with this rule, except in cases of emergency or other circumstances justifying immediate changes. other circumstances justifying immediate changes.

GLR 3 INDIGENT DEFENSE

By this rule the Kittitas County Superior court hereby adopts standards for the delivery of public defender services consistent with RCW 10.101.030 and Kittitas County Code 2.09 et. seq.

LCR 7 MOTIONS PRACTICE

(1) Filing and Noting Motion for Hearing. A note for motion substantially in the form found in Exhibit C shall be filed with the Clerk at the time the motion is filed and served on the parties in accordance with CR 6(d). To assure that timely and complete delivery of the court file to the court, notes for motion calendars should be filed with the Clerk's office by noon on the Thursday preceding the Monday calendar on which hearing is requested. (2) Failure of Party to Appear. If no one appears in opposition to a duly noted motion, the court may grant the relief requested upon proper proof of notice. If no one appears for a motion, it will be stricken. (3) Continuances of Motions. Counsel, by agreement, may continue any motion by executing a stipulation of continuance or by orally stipulating on the record in court to a continuance. Continuances shall not be granted by telephone. Upon agreement of counsel to continue or strike a hearing, counsel for the moving party shall advise the court of the agreement to continue or strike the hearing at the time of the agreement and no later than one day prior to the hearing. (4) Time Allowed for Argument. Each side shall be limited to 10 minutes unless granted leave by the court. Parties anticipating argument that will require longer than 20 minutes total time shall obtain a special hearing date and time from the Court Administrator. (5) Hearing of Ex Parte Matters. (a) Scope. This rule applies to all temporary restraining orders, orders to show cause, and all other ex parte matters. (b) Notice to Opposing Counsel. Unless notice is specifically excluded by statute, no ex parte order shall be presented without notice to opposing counsel. If counsel for any party has appeared either formally or informally, notice is required. If necessary, notice may be by telephone. (c) Court File. Counsel is required to obtain the court file when presenting ex parte matters, except for agreed orders other than domestic relations decrees. (6) Working Copies Are Required. (a) When filing a motion, provide a conformed working copy to the judge. Working copies may not be emailed or faxed to the court. (b) Any pleading filed with the Clerk of Court requiring affirmative action by the Clerk shall indicate the need for said action by placing under the caption of the pleading "(Clerk's Action required.)"

(Amended effective September 1, 2015)

LCR 40 TRIAL SETTING A. Trial Setting. Civil cases may be noted for trial setting after the issues are joined. Criminal cases will be assigned a trial date at the time of arraignment. 1. Note for Trial Setting. a. Anyone desiring to bring any issue to trial shall note the matter on the trial setting calendar. (Use Exhibit A.) b. Counsel are required to ascertain from the Court Administrator the available trial date(s). c. Counsel are also required to inform the Court Administrator of their available and unavailable dates. d. Counsel must estimate the length of time needed for trial. Because the court trial calendar is preset, cases will not be permitted to continue beyond the time estimated for trial. If the non-setting parties do not agree with the estimate in the note up notice, they must file their own estimate before the trial setting date. Estimates shall include the total time for trial, not just one side. 2. Presence of Counsel. All trial dates will be assigned by the Court Administrator or the Court. If counsel previously have provided the Court Administrator with available and unavailable dates as required above and are otherwise agreeable to a setting on any particular date, then counsel's presence at the trial setting may be waived. 3. Visiting Judge Required. The Court shall be notified at the time of trial setting if an attorney is a party or a witness in any matter before the Court or of any other matter needing a visiting judge. If such notification is not provided, the case will lose any priority it may otherwise have had. 4. Continuances. Continuances of trial may not be granted by the court except for good cause shown after hearing on the motion filed by the party seeking the continuance, or by motion of the court. In the event good cause is shown and the court grants a motion for continuance, the case will be rescheduled by the Court Administrator and given the priority of a new case (in other words, the case loses any priority it had). In the event the court strikes the trial date on its own motion due to calendar congestion, the case shall receive a priority trial setting. B. Special Settings. Any civil motions or other matters requiring a special setting will be set by the Court Administrator. C. Mental Illness Hearings. Mental illness hearings will be set for hearing by the Court Administrator. D. Change of Judge; Affidavit of Prejudice. Cases will be assigned to a judicial department under the direction of the presiding judge for the county. In all cases, parties shall be notified of the assignment upon the issuance of the Scheduling Order. That assignment shall serve as a pre-assignment/assignment for purposes of change of judge pursuant to CrR 8.9, CR 40, and RALJ 3.2(c). The presiding judge shall notify the local bar when changes in judicial assignments occur. E. Notice to Court of Calendar and jury Trial Changes. Whenever a cause has been set for trial and thereafter is settled or will not be tried for any reason, or if a jury is thereafter waived, notice shall immediately be given to the Court Administrator so the case may be removed from the court's calendar. F. Domestic Relations-Case Management.

1. Settlement Conference. At the time the Court Administrator sets the case for trial, the Administrator shall also set a date and time for a settlement conference which shall not be earlier than 10 days from the date of notification and not later than 10 days prior to trial. After the settlement conference has been set, the parties, through written agreement or the court, after a motion made by one of the parties, may strike the settlement conference. 2. Support Modifications. All support modifications will be noted for hearing on the regular motion day. The support modification hearing will be heard by affidavit only, 10 minutes per side for argument. If a party desires live testimony, the request shall be made by motion and allowed by the court in its discretion. After the affidavits and/or financial information have been provided in accordance with the state statutes on child support modification, either party may note the matter for hearing on the regular motion docket. Settlement conferences are not required for support modification. (Amended effective September 1, 2015)

LCR 47 PEREMPTORY CHALLENGES

Unless good cause is show, all peremptory challenges shall be exercised in open Court at the side bar by marking the challenged juror's name on a form to be provided by the Court.

LCR 54 ATTORNEY FEES, TERMS AND IMPOSITION OF COSTS

If attorney fees or costs have been awarded, the prevailing party must itemize via affidavit the time expended, services rendered, or other detailed bases for the fees and costs requested and attach a copy thereof to the proposed order granting fees and costs.

LCR 56 SUMMARY JUDGMENTS

Summary judgments require special settings and should be noted to be heard before the judge who is assigned to hear the trial. Motions and affidavits, and reply and response affidavits, must be filed in the manner and within the time limitations of CR 56. Working copies shall be provided to the judge. On any motion for summary judgment, counsel for movant is required to call the Court Administrator two business days prior to the date set for hearing to confirm that the motion will be heard.

(Amended effective September 1, 2015)

LCR 59 MOTION FOR NEW TRIAL, RECONSIDERATION, AND AMENDMENT OF JUDGMENTS

A motion for new trial, reconsideration, or amendment/alteration of judgment shall be submitted on briefs and affidavits of the moving party only, without response or oral argument to the trial judge by the opposing party. The trial judge shall, within 10 days, either deny the motion or advise both counsel of desired further proceedings pursuant to CR 59 and this rule. A motion under this rule shall be filed with the Clerk and a working copy shall be served on the trial judge at the Superior Court office at the time of the filing of the motion. A copy shall also be served on opposing counsel.

LCR 77 SESSIONS/COURT HOURS, HEARING DAYS

(1) There shall be one continuous session of court from January 1 through December 31 of each year. Court will be in session, unless otherwise ordered, on all judicial days, except Saturday. Court hours will be from 9:30 a.m. to 12:00 p.m. and from 1:30 p.m. to 4:30 p.m. (2) Hearing times and days as well as Department assignments are subject to change to accommodate holidays, availability of judges and courtrooms, judicial conflicts and calendar size, but shall generally be as follows: A. Civil Matters. Probate, guardianship and civil motions will be heard on Monday beginning at 9:00 a.m. B. Criminal Matters. Arraignments, omnibus hearings, sentencing pursuant to guilty pleas, probation violations, bail hearings, and preliminary appearances will be heard on Mondays at 1:30 p.m. Pretrial hearings pursuant to CrR 3.5 and 3.6 will be heard on Fridays at 9:00 a.m. Status conferences will be heard on Fridays at 9:00 a.m. Criminal trials will be held Tuesday through Friday and will be set by the court at the time of arraignment. C. Ex Parte Matters. Ex parte matters shall be heard Monday through Friday 9:00 a.m. to 12:00 p.m. and from 1:30 p.m. to 4:30 p.m. Contact Court Administrator to confirm availability of judge. D. Domestic Relation Matters (1) Settlement Conferences. Settlement Conferences will be heard on Friday beginning at 1:30 p.m. (2) Show Cause and Temporary Relief. Show cause hearings and motions for temporary relief, including URESA contempt hearings will be heard on Mondays at 9:00 a.m. (3) Uncontested Dissolutions. Uncontested dissolutions in which one or both parties are represented by counsel will be heard at 9:00 a.m. on Mondays. Uncontested dissolutions in which both parties are not represented by counsel will be heard on Mondays at 10:30 a.m. Regardless of representation, jurisdictional testimony may be submitted by affidavit and is encouraged. E. Protection Orders. Domestic Violence and Protection Orders not otherwise filed under a related case between the parties shall be heard on Mondays at 10:30 a.m. F. Adoptions. Any adoptions requiring notice, including pro se adoptions, will be heard on Monday at 8:45 a.m. G Civil Trial Settings. Trial setting dockets shall be every Monday at 9:00 a.m. (See also LCR 6.) H. Juvenile Matters. (1) Offenders. Arraignments, pleas, dispositions and probation violations will be heard on Monday at 3:00 p.m. Offender trials will be heard on Thursdays and scheduled by the court at the time of arraignment. (2) Dependencies. Stipulated fact-finding hearings and review hearings will be heard on the 2nd and 4th Tuesdays of each month. Contested fact-finding hearings and shelter care hearings will be scheduled by the Court Administrator. (3) Truancy/At-Risk Youth. Adequate cause, show cause, review hearings and fact-findings will be heard on Monday afternoon at 4:00 p.m.

(Amended effective September 1, 2015)

LCR 79 BOOKS AND RECORDS

A. Files. No file shall be taken from the clerk's custody, except to the courtroom or to a judicial officer or official reporter unless written authority has first been obtained. All files which are in the hands of a person for the purposes of any trial or hearing must be returned to the Clerk at the close thereof. The Clerk may grant written authority to an applicant to withdraw one or more files for a period not exceeding two days. B. Verbatim Report of Proceedings. Verbatim reports of proceedings, after having been settled and signed, shall not be withdrawn from the Clerk's office except by order of the court. C. Disposition of Exhibits. After final disposition of a civil cause, the court may order the clerk to dispose of physical evidence which cannot be retained in the case file provided that all parties of record are given 30 days written notice of any such hearing. D. Return of Administrative Record. When a case for review of an administrative record is completed, the clerk shall return the administrative record to the officer or agency certifying the same to the court. The clerk shall treat the administrative record as an exhibit.

(Amended effective September 1, 2015)

LCR 80 COURT REPORTERS

A court reporter will not be provided for any matter heard in Kittitas County Superior Court. All matters will be digitally audio recorded. If any party wishes any matter to be reported by a court reporter, that party is responsible to provide a court reporter.

(Amended effective September 1, 2015)

SPR 94.04 FAMILY LAW ACTIONS A. Ex Parte Restraining Orders. Personal appearance of a party may be required upon the judge's request if a party requests an ex parte order be entered immediately restraining the other party from the family home. B. Temporary Orders. The initial show cause hearing for temporary relief shall be heard on affidavits only unless, after appropriate motion, the court allows live testimony. The following shall apply to all contested hearings in which temporary relief is sought: (1) Responsive Affidavits. Responsive affidavits shall be served and filed no later than one business day prior to hearing pursuant to CR 6(d). To ensure that pleadings are available in the court file for timely review by the court, parties are encouraged to file pleadings before noon two days prior to the hearing. (2) Exhibits and Worksheets. Financial exhibits and support worksheets shall be filed in the form as provided by these rules whenever financial matters are in issue. (3) Temporary Parenting Plans. Proposed parenting plans shall be filed whenever temporary parenting matters are at issue. (4) Temporary Child Support. A motion concerning temporary child support must be accompanied by a child support worksheet, together with proof of income including most recent paystubs and tax returns. C. Child Support. The Washington State Child Support Schedule as adopted and amended from time to time by the legislature shall be applied by the Court and Counsel in all matters involving child support, temporary or permanent. D. Settlement Conferences. Settlement conferences shall be mandatory in domestic relations cases with the exception of a petition to modify child support. The Court Administrator shall set a time and date for a settlement conference at the time the matter is set for trial. The settlement conference shall be scheduled no earlier than 10 days from the notification and no later than 10 days prior to trial. The settlement conference shall be set before the judicial department of the superior court not assigned to hear the trial. The conference must be confirmed by each party before 12:00 p.m. the day prior to the scheduled conference. E. Position Statements. In all final hearings or trials in domestic relation matters, each party shall file and serve on the opposing party and the court a written domestic relations position statement, which shall include the Washington Pattern Form financial declaration (WPF 01.0550). The petitioner is required to file his/her position statement three (3) business days prior to the scheduled final hearing. The respondent shall file his/her position statement two (2) business days prior to the scheduled final hearing, trial, or settlement conference. In preparing the position of a party to a domestic relations matter, the assumptions and alternate residential guidelines set forth on Exhibit D to these rules should be considered. F. Non-contested Marriage Dissolutions - Delivery of Decree to Other Party. In default dissolution cases at the time of entry of the decree, the moving party or counsel shall immediately deliver to or mail to the other party, at their address if known, (or to their counsel), a conformed copy of the decree, with the date of filing indicated on each copy so delivered or mailed. G. Date of Support Payments. If, in any marriage dissolution case, support, whether temporary or permanent, is to be paid, the order or decree shall specify the day upon which said order becomes effective and the day or days certain upon which said support shall be due. H. Impact on Children Seminar. (1) Definition of Applicable Cases. This rule applies to all domestic cases including dissolutions, legal separations, major residential modifications and paternity actions in which paternity has been established, where the parties are parents of a child or children under the age of 16, or where a party is not a parent but is seeking custody, and where a parenting plan or residential plan involving more than purely financial issues is required. (2) Impact on Children Seminars: The court may require within 60 after service of a petition or initiating motion on the respondent, both parties to participate in, and successfully complete, an approved Impact on Children Seminar. Standards for a court-approved Impact on Children Seminar are set forth in sections (7) and (8) below. Successful completion shall be evidenced by a certificate of attendance filed by the provider agency with the court. The petitioning party shall provide notice to the other party, in or with the petition, of the requirements of this rule. In the event that a party complies with this rule through the use of an alternative seminar not issuing a certificate of completion, that party shall file an Affidavit of Attendance setting forth at a minimum the date(s) and place of attendance, the sponsor or agency holding the seminar, and the title or description of the seminar. (3) Permissive Application. The court may require parties with children living in the household in domestic violence actions brought under RCW 26.50, and non-parent parties in any domestic case, to attend an Impact on Children Seminar. (4) Special considerations/waiver. In no case shall opposing parties be required to attend a seminar together, nor more than one seminar. Parties may use equivalent services offered by another courts, private agencies or religious organizations, upon approval by the judge in the individual case. (5) Fees. Each party attending a seminar shall pay a fee charged by the approved provider agency directly. (6) Failure to Comply. If the court requires attendance of both parties at an Impact on Children Seminar, non- participation, or default, by one party does not excuse participation by the other party. A party's refusal, delay or default shall not delay the progress of the case to a final decree. Willful refusal or delay by either party may result in sanctions imposed by the court, or may result in the imposition of monetary terms, default and/or striking of pleadings, and/or refusal to entertain post-decree motions and petitions. (7) Seminar Location/Content. A court-approved Child Impact Seminar shall be available in a designated Kittitas County meeting location, on the internet, or may occur at such other sites as may be approved by the court and shall provide, at a minimum, information on: (a) The developmental stages of childhood; (b) Stress indicators in children; (c) Age appropriate expectations of children; (d) The impact of divorce on children;

(e) The grief process; (f) Reducing stress for children through an amicable resolution of disputes; (g) The long-term impact of parental conflict on children; (h) Importance of child's relationships with both parents, and with extended family members, and fostering those relationships; (i) Communication skills for divorced parents; (j) Practical skills for working together; and (k) The impact on children when step-parents and blended families enter their lives; (l) Parenting children with limited time (alternate residential time limits) and fair parenting (impact on child when parent abstains from discipline/showers child(ren) with gifts/"sides" with child against other parent/succumbs to guilt feelings (whether self-imposed or brought on by child(ren), etc.); and (m) Involvement of extended family. (8) Qualifications of Instructors. Instructors should be familiar with the required provisions of parenting plans, and have the following minimum credentials and experience: (a) A Master's Degree in Social Work, Psychology or other related behavioral science; (b) Supervised experience in treatment of emotionally disturbed children, adolescents and their families; (c) Experience in providing a wide range of mental health services to children and families, with specific experience in the areas of separation/divorce, loss and grief, and blended families; (d) Extensive knowledge of child development, age appropriate expectations for children, and positive parenting; (e) Substantial knowledge of the impact on children of alcohol/drug abuse by family members; (f) An ability to work with other agencies as part of a collaborative program; and (g) Strong oral communications skills. When parties choose to use agencies or religious organizations which have not received prior approval by the court, the court may modify or waive the foregoing qualifications for the instructors upon a showing of functional equivalency. (9) Conduct of Parties. The Court shall not consider a party's conduct, demeanor, or level of participation at the seminar in determining the provisions of a parenting plan. I. Mandatory Settlement Conferences. In each contested action for dissolution, declaration of invalidity or legal separation, or when ordered by the court, counsel and the parties shall participate in a conference presided over by a judge, judge pro tem or court commissioner. (1) Excused Attendance. A party may be excused from attendance or a settlement conference may be stricken when compelling attendance would be unduly burdensome. Request for non-attendance should be made at least 24 hours in advance to the Court and opposing counsel. (2) Proceedings Confidential. Proceedings of said settlement conference shall, in all respects, be confidential. No party shall be bound unless a settlement is reached. When a settlement has been reached, the judge may in his discretion, order any agreement to be placed on the record. (3) Disqualification of Judge. A judge presiding over a settlement conference is presumed to be disqualified from hearing any other matter regarding the action, but this presumption may be overcome by stipulation of the parties. (4) Preparation Required. Prior to said conference, each party shall have submitted to the other party and to the court a completed position statement in accordance with LCR 11(e) above. (Amended effective September 1, 2015)

LGALR 1 GUARDIAN AD LITEM

The Court Administrator maintains and administers the Title 11 and 26 Guardian Ad Litem Registry. Contact the Superior Court Administrator for appointments.

(Amended effective September 1, 2015)

LCrR 1 MANDATORY APPEARANCES

Each criminal defendant shall be required to attend all scheduled pretrial hearings, including the omnibus hearing, the 3.5/3/6 hearing and the status conference, unless excused by the court.

LCrR 2 STATUS CONFERENCE

Every criminal case shall be set for a status conference prior to trial to determine whether a scheduled case is still on track for trial.

LCrR 3 MOTIONS IN LIMINE

Motions in limine shall be filed and served at or before the date set for status conference. Motions in limine requiring extensive argument or testimony shall be heard on the date set for the pretrial hearing or by leave of the court through the Court Administrator.

EXHIBIT A NOTE FOR TRIAL SETTING The contents of this item are only available on-line.

EXHIBIT B NOTE FOR SETTLEMENT CONFERENCE AND TRIAL SETTING The contents of this item are only available on-line.

EXHIBIT C NOTE FOR MOTION DOCKET The contents of this item are only available on-line.

EXHIBIT D GUIDELINES FOR DOMESTIC RELATIONS CASES The contents of this item are only available on-line.

Klickitat/Skamania Superior Court Local Court Rules Table of Contents

1 Court Schedule 2 Sessions, Hours and Recesses 3 Court Files; Return Mail 4 Law and Motion Docketing 5 Law and Motion Calendar 6 Pre-Trial Status and Settlement Conferences 7 Domestic Relations 8 Motions for Summary Judgment 9 Trials (Civil) 10 Criminal Rules 11 General Rules 12 Financial Responsibility for Cost of Juvenile Detention 13 Waiver of Age to Marry 14 Fee for Petition for Emancipation 15 Record of Proceedings 16 Mandatory Arbitration 17 Mandatory Parenting Seminars 18 Juvenile Offender Status Conferences 19 Books and Records Kept by the Clerk 20 Names of Minor Children on Court Documents 21 Guardianships

Table of Exemplars 1 Pre-Trial Order 2 Notice Re: Arraignment Date; Omnibus Hearing Date; Trial Date; Time Elapsed From Arraignment To Trial; and Time Limits 3 Order Setting Status Conference 4 Status Conference Report 5 Note for Trial Setting/Certificate of Readiness/Statement of Arbitrability 6 Request for and Order Appointing Legal Counsel 7 Waiver of Speedy Trial 8 Response To Statement of Arbitrability 9 Arbitration Award 10 Pre-Trial Statement of 11 NOtice of Loss of Votings Rights 12 Order Restoring Voting Rights

RULE NO. 1 I.Court Schedule A. The Court schedule in Klickitat/Skamania Judicial District shall be as follows: 1. Klickitat County a. Criminal Motion Days: 1st, 3rd and 5th Mondays of each month. Juvenile offenders will be scheduled on the 2nd Monday and 1st, 3rd and 5th Thursdayof each month. Time certain motions to be set by the Court Administrator. Where holidays conflict, motions will be heard on the next judicial day or as otherwise ordered. b. Civil Motion Days: 1st, 3rd and 5th Tuesdays of each month. Time certain matters will be heard in the afternoon and set by the Court Administrator. Court Commissioner will hear civil motions on the Thursday of the second full week of each month. c. Juvenile Dependencies: Tuesday of the second full week of each month and such other days as ordered by the Court. 2. Skamania County: a. Motion Days: Thursday on weeks beginning with 2nd, 4th and 5th Mondays of each month; where holidays conflict, motions will be heard on the next judicial day or as otherwise ordered. Time certain motions to be set by the Court Administrator. b. Juvenile Days: The Court will sit in Juvenile Court session regularly on the 1st Wednesday after the 2nd Monday of each month and such other days as set by the Court.

(Adopted effective September 1, 1996)

Rule 2. Sessions, Hours and Recesses

I. Sessions, Hours and Recesses A. There shall be one continuous session of Court from January 1st to December 31st of each year. B. Court will be in session on all judicial days as designated by the State Supreme Court except during recesses herein prescribed, unless otherwise ordered. C. Except as set forth in Rule No. 5, Court hours will be as follows: Skamania County - 9:00 AM - 12:00 noon, 1:30 PM - 5:00 PM; recesses of 15 minutes each will be called at approximately 10:30 AM and 3:00 PM. Klickitat County - 9:30 AM - 12:00 noon, 1:30 PM - 5:00 PM; recesses of 15 minutes each will be called at approximately 10:45 AM and 3:00 PM. D. December 24th to January 2 shall be Winter Holiday recess and no contested cases or matters will be set for trial or tried during said period except by consent of the parties and the Court, or by order of the Court. During Winter Holiday recess, law and motion days shall be scheduled at the direction of the Court, and motions duly noted shall be regularly heard.

(Adopted effective September 1, 2009)

RULE NO. 3

I. Court Files; Return Mail A. No files may be removed from the Clerk's office without the express permission of the Clerk or the Clerk's designee.

B. A file or files taken from the Clerk's office by an attorney or title company with permission shall be returned within 24 hours, or before, if so requested by the Judge, Court Commissioner or Clerk of the Court. C. The Clerk will not permit files to be taken from the Clerk's office by attorneys or title companies not complying with this rule. D. If an attorney or any other person requests, from the Clerk, an answer to correspondence and/or confirmation of any pleading or other documents, the attorney or person so requesting shall furnish a self-addressed stamped envelope for the Clerk's convenience.

(Adopted effective September 1, 1996)

RULE NO. 4

I.Law and Motion Docketing A. Skamania County: A citation or request for placement of any matter on the regularly scheduled motion calendar shall be in writing and filed with the Clerk before 5:00 PM on the Monday preceding any regularly scheduled motion calendar or on the third day preceding any specially scheduled motion calendar. B. Klickitat County: A citation or request for placement of any matter on the regularly scheduled motion calendar shall be in writing and filed with the Clerk before noon on the Friday preceding a Tuesday calendar or by noon on the second day preceding any specially scheduled motion calendar. Criminal motions shall be filed with the Clerk before noon on the Thursday preceding a Monday criminal calendar. C. Matters not regularly noted on the motion calendar will not be heard except by consent of all parties and the Court and then heard only after all matters regularly noted shall be called and disposed of. Nothing in this rule should be interpreted as affecting the notice of Civil Rules for Superior Courts or Criminal Rules for Superior Courts. II. Telephonic Argument A. Telephonic arguments are discretionary with the Court and may be authorized upon the following conditions: 1. Express approval is obtained by the Judge who is hearing the motion 2. One or more of the attorneys' offices are outside the County where the motion is filed. 3. All counsel agree to the telephonic argument or the telephonic argument is ordered by the Court 4. The party requesting telephonic argument shall be responsible for initiating and paying for the conference call B. Telephonic arguments will not be reported or recorded unless request is made twenty-four hours in advance to the Court Administrator, or as otherwise ordered by the Court.

(Adopted effective September 1, 1996)

RULE NO. 5

I. Law and Motion Calendar A. In Skamania County the criminal motion calendar shall be heard commencing at 9:00 AM and the civil motion calendar shall be heard at 1:30 PM. Ex parte matters and adoptions will be heard at 8:30 AM in chambers. Pro se non-contested dissolutions and protection order petitions will be heard at 9:00 AM on the Friday after the criminal/civil motion day. B. In Klickitat County the criminal and civil motion calendars shall be heard commencing at 9:30 AM. Ex parte matters and adoptions will be heard at 9:00 AM on the civil motion day in chambers. Pro se non-contested dissolutions and protection order petitions will be heard at 3:00 PM on the civil motion day. C. Presentation of Law and Motion matters shall be limited to a hearing time of ten (10) minutes for each side. Matters requiring argument longer than above prescribed shall be scheduled on a special hearing date to be set by the Court Administrator. D. Ex parte matters may be heard in chambers on any judicial day (preferably on Motion Days) before Court is convened or after Court is recessed. These matters need not be noted for placement on the Clerk's docket. E. Probate matters may be submitted to the Court in chambers and shall not require testimony except as ordered by the Court upon application or as required by statute. Probate matters in which the Court is requested to find that procedural steps have been taken shall be accompanied by the Court file when presented. (Adopted effective September 1, 1996) F. All hearings that are to be held in courts outside of the county where the case has been filed shall be coordinated through the Klickitat/Skamania County Court Administrator. The Court Administrator shall then notify the clerk in which the case has been filed of the out-of-county hearing date and time.

(Adopted effective September 15, 2000)

RULE NO. 6 PRE-TRIAL STATUS AND SETTLEMENT CONFERENCES

I. Civil Pre-Trial Conferences A. In all civil cases the Court may order a pre-trial conference on its own motion or that of any party. Pre-trial conferences in domestic relations cases are governed by Rule No. 7. The purpose of the pre-trial conference is to consider: 1. The simplification of the issues; 2. The necessity or the desirability of amendments to pleadings; 3. The possibility of obtaining admissions of fact and of documents which will void unnecessary proof; 4. The list of witnesses (including experts) which each party intends to call; and 5. Such other matters as may aid in the disposition of the action

B. Unless otherwise ordered by the Court all pre-trial conferences shall be conducted at least two weeks before trial. C. Attorneys for all parties shall personally attend the pre-trial conference unless the Court orders the conference to be heard by telephone. D. The pre-trial conference shall be conducted by the Judge informally and shall not be recorded unless so ordered. E. Any joint proposed or final pre-trial order shall be substantially in the form of exemplar No. 1.

II. Criminal Pre-Trial Status Conferences Repealed - Effective September 1, 2009 III. Civil Settlement Conferences A. Settlement conferences are encouraged but are voluntary and may be requested by any party. B. A party requesting a settlement conference shall do so when requesting a trial date. C. The Court Administrator shall designate the settlement conference Judge and shall set the date for the settlement conference at least two weeks prior to the trial date. 1. Settlement conferences may be held before a Court Commissioner, Judge or Pro-Tem Judge as determined by the Court. D. All attorneys, parties including representatives from any insurer shall be personally present or immediately available to the attorneys representing them by telephone. E. Proceedings of the settlement conference shall be privileged and not reported or recorded. No party shall be bound unless a settlement is reached. When a settlement has been reached, the Judge may, in his or her discretion, order the settlement agreement to be recorded or reported. The Judge or Commissioner, presiding over a settlement conference, shall be disqualified from acting as a Trial Judge in the matter unless all parties otherwise agree in writing or in open Court on the record.

(Adopted effective September 1, 1996)

RULE NO. 7 DOMESTIC RELATIONS

I. Motions for Order Pending Trial A. Local Rules 4 and 5 shall be followed for all motions and hearings on orders to show cause, except when an opposing party has not appeared in person or by an attorney, and except when temporary restraining orders are sought under CR 65. B. Hearings in respect to temporary orders in domestic relations cases other than involving child custody shall be heard only upon affidavits. Testimony shall be allowed only by special permission of the Court, granted prior to the hearing. 1. The affidavits of the moving party shall be filed and served in the manner provided in LR 8 and other Rules of the Court. Responding affidavits and work sheets shall be served and filed no later than one day prior to the hearing unless the Court permits a later service and filing. C. Residential Placement 1. Any motion concerning the temporary residential placement of children must be accompanied by a proposed parenting plan, unless one has been previously filed and serve D. Hearings involving questions of residential placement of a child requiring testimony shall be set on a date and time certain upon the request made to the Court Administrator. D. Temporary Child Support 1. Any motion for temporary child support must be accompanied by a completed and signed child support work sheet in the form approved by the State Office of the Administrator for the Courts. E. Temporary Maintenance or Attorney's Fees 1. Any motion for temporary maintenance or attorney's fees must be accompanied by an affidavit or sworn statement with information including a list of monthly living expenses, debts, employment information for the parties and net income of the parties. If a party is unemployed, the information shall indicate the length of unemployment and reasons why the party is unemployed and when and how much unemployment compensation, if any, will be received. II. Child Support A. The Washington State Child Support Schedule now in effect or as hereafter revised shall be used by the Court and counsel in all matters involving child support whether temporary or permanent unless good cause to deviate from it is established. III. Non-Contested Dissolutions A. Any non-contested dissolutions, separations, or invalidity action decrees, which have been approved for entry by both parties, or their counsel, may be presented for final hearing by setting the same on the regular civil motion calendar. Oral testimony will not be required at such hearings. Presentation of such agreed decrees may be by mail to the Clerk of the Court, however, the Judge or Court Commissioner hearing such ex parte matters may require that oral testimony or affidavits be provided prior to the entry of the final decree. IV. Contested Dissolution Actions A. In any action for dissolution of marriage, separation, or declaration of invalidity in which property division, parenting plan, spousal maintenance, or child support is an issue, each party shall serve on the other party and file with the Court a written summary setting forth: 1. Statement of the issues 2. A statement of the parties' proposed resolution issues 3. A description and value of the assets and liabilities of the parties together with a proposed division thereof 4. The parties' proposed parenting plan 5. Child support worksheet 6. Financial affidavit showing the income and expenses per month of the parties Petitioner's summary must be served and filed no later than ten days before the pre-trial conference, settlement conference, or trial date whichever occurs first. Respondent's summary shall be filed and served no later than five days before the pre-trial conference, settlement conference, or trial date whichever occurs first. Failure to timely file and serve the summary as required may result in appropriate sanctions which may include striking the trial settings and/or imposition of terms for any delay or inconvenience caused by the Court, counsel or other party.

V. Modification of Decree of Dissolution, Separation or Invalidity A. Every action to modify a decree of dissolution, separation or invalidity shall be initiated by the filing of a properly verified petition to be entitled the same as the original decree sought to be modified. B. If the petition to modify relates only to support, maintenance or minor adjustments to the parenting plan, then it shall be heard upon the pleadings only unless the petitioner has obtained leave of the Court to hear the matter upon oral testimony; however, if the petition to modify pertains to major adjustments to the parenting plan then it shall be heard upon oral testimony unless both parties stipulate that it may be heard on affidavits. In any case involving the modification of a parenting plan where the original plan provides for alternate dispute resolution, a petition to modify said plan shall state whether alternate dispute resolution has been exhausted. The Court shall not modify a decree unless the alternate dispute resolution process has first been exercised in good faith. Failure to participate in the alternate dispute process in good faith may result in the imposition of terms. The Court shall determine on affidavits whether alternate dispute resolution has been exercised in good faith. C. Where modification of a decree concerning child support or spousal maintenance is sought, a financial statement and, if applicable, a child support worksheet shall be filed and served with the petition to modify. A responding financial affidavit and, if applicable, child support worksheet shall be filed and served no later than one day prior to the hearing on the petition. Failure to timely serve and file the statements and worksheets as required will result in appropriate sanctions. Only those portions of the financial statements and worksheets applicable to the issues in the petition to modify need be completed. D. Proceedings for modification of a dissolution decree or other custody decree shall be done strictly in accordance with RCW 26.09.270. VI. Receipt of Public Assistance A. In any action to establish or modify child support where any child affected is subject to receiving public assistance or if either party owes any past debt for child support to the State of Washington, then the Office of Support Enforcement shall be served with a copy of the petition to establish or modify child support at least twenty days prior to the hearing on any final order and at least five days prior to the hearing on any temporary order (RCW 26.23.130). Proof of service of said petition shall be filed with the Court prior to the hearing. In Skamania County, the petition shall be served on the Prosecuting Attorney's Office of Support Enforcement.

(Adopted effective September 1, 1996)

RULE NO. 8 MOTIONS FOR SUMMARY JUDGMENT

I. Notification to Judge A. A party moving for summary judgment or any other relief requiring consideration of affidavits, pleadings, depositions, interrogatories and/or legal briefings shall file with the Clerk or ascertain that the file already contains all matters and documents intended to be relied upon and the moving party shall notify the Judge directly on or before the date that request is made to place the matter on the calendar to be heard. B. A statement of points and authorities and supporting affidavits shall be filed and served concurrently with the motion for summary judgment and complimentary copies provided to the Judge. C. Responses to affidavits etc., cross-motions with supporting documents and statement of points and authorities in support of response and/or cross-motion intended to be relied on at the hearing shall be filed pursuant to Civil Rules for Superior Court (CR 56) and at the time of filing, complimentary copies shall be provided to the Judge.

II. Noting Summary Judgment Motions

A. Prior to noting a motion for summary judgment, a specific date and time shall be obtained from the Court Administrator. Once noted for hearing, the motion shall not be stricken or continued by the parties without approval of the Judge who is assigned to hear the motion.

B. Argument on summary judgment motions may not exceed twenty minutes per party unless otherwise extended by the Judge hearing the motion. III. Sanctions A. Failure to strictly adhere to this rule may result in the hearing being stricken. Late responses stricken, or not considered in ruling on the motion, terms and/or such other sanctions as the Court in its discretion may deem appropriate.

(Adopted effective September 1, 1996)

RULE NO. 9 TRIALS (CIVIL) *

I. Note for Trial Setting A. Any party desiring to bring any issue of fact to trial shall file with the County Clerk with copy to the Court Administrator and serve upon the other parties a "Note for Trial Setting" in the form prescribed in Exemplar 5. B. If no response to the Note for Trial Setting is received by the Court Administrator within ten days from the receipt of the moving party's request the Court Administrator will schedule the trial and notify all parties of the trial date. 1. The "Note for Trial Setting" will contain a list of the names, addresses and telephone numbers of all persons entitled to notice. All parties have the obligation to inform the Court Administrator promptly of any errors in the list. C. Each party is allowed one request for a change of date after set without hearing, if the request is made within ten judicial days after trial date has been set by the Court Administrator. Within ten days after such objection, the Court Administrator will set another date and send notice of the new date. Additional changes may be allowed for good cause shown upon motion to the Court.

*Sections IV,V,VI,VII,VIII and IX of this Rule also apply to Criminal Trials

II. Certificate of Readiness

A. If the case is a contested civil action, the party filing a Note for Trial Setting/ Certificate of Readiness must, at that time, submit a statement by counsel with due proof of service showing:

1. That the issue has actually been joined, no affirmative pleading remains unanswered and all pleadings are on file; and,

2. That the parties have completed all necessary oral and physical examinations and discovery proceedings or have had or will have opportunity to do so prior to trial.

III. Trial Briefs A. Trial briefs shall be filed and served three days or more before trial; the original to be filed, one copy to the Judge and one copy served on opposing counsel. IV. Jury Instructions A. As provided by CR 51, counsel are requested by the Court to prepare and deliver to the Court and opposing counsel on the day on which the case is set for trial, the required number of copies of proposed instructions. "Washington Pattern Jury Instructions" are recommended for use whenever possible. Counsel are requested to prepare instructions as follows: 1. One copy which shall be assembled into a set and numbered shall be filed with the Clerk; 2. One copy which shall be assembled and numbered shall be served on opposing counsel; 3. One copy which shall be assembled and numbered shall be retained by the counsel preparing them; 4. One copy which shall be assembled and numbered shall be delivered to the Judge; this copy may contain citations listed on each instruction but if citations are contained thereon said citation shall be furnished to the opposing counsel; and, 5. The original without citations and numbers shall be delivered to the Judge. V. Voir Dire

A. The Trial Judge may examine the jury touching their qualifications to act as fair and impartial jurors in the case before the Court, provided that, thereafter, the Trial Judge shall give leave to respective counsel to ask the jurors such supplementary questions as may be deemed by the Trial Judge proper and necessary. The voir dire examination of prospective jurors shall, as nearly as possible, be limited to those matters having a reasonably direct bearing on prejudice or qualifications and shall not be used by opposing counsel as a means of arguing or trying their case on voir dire. VI. Peremptory Challenges A. In trial by jury cases, peremptory challenges shall be exercised secretly without disclosing the juror being challenged. The plaintiff first and then defendant alternately shall mark and initial such challenge upon a sheet furnished for that purpose by the bailiff who shall then exhibit such challenge to the opposite party, the Clerk and the Court with no disclosure to the jury as to the challenging party. A questionnaire prepared by each juror will have been submitted to counsel. It is improper for counsel to go over the details furnished in this questionnaire consuming unnecessary time of the Court. VII. Excusing Witnesses A. A witness subpoenaed to attend in any case criminal or civil is dismissed and excused from further attendance as soon as he/she has given his/her testimony in chief for the party in whose instance he/she was called and has been cross-examined thereon, unless either party makes request in open Court that the witness may remain in attendance. Witness fees will not be allowed any witness after the day on which his/her testimony is given except when the witness has, in open Court, been required to remain in further attendance and, when so required, the Clerk shall note that fact in the record. If the adverse party requests a witness to remain in attendance he/she shall thereafter be responsible for the cost and expense occasioned thereby. VIII. Notice of Settlement A. It shall be the obligation of counsel in all civil and criminal jury and non-jury cases to notify the Court Administrator when a case is settled or otherwise will not come on for trial as scheduled. Such notice shall be made by telephone to the Court Administrator's office during regular business hours. IX. Verdicts A. A party or attorney desiring to be present at the return of a jury verdict must remain in attendance at the courthouse or be available by telephone. If a party or attorney fails to appear within twenty minutes of telephone notice to the attorney's office, home or other number left by the attorney, the Court may proceed to take the verdict in the absence of such party or attorney. In such case, the jury shall be individually polled and the identity of any dissenting jurors recorded. X. Civil Jury-Cost A. If the trial of the case has been canceled because of a settlement or will not be tried for any reason or will be tried without a jury and notification to the Clerk of the Court and Court Administrator occurs after a jury has been notified to report and less than one full judicial day prior to the time set for trial, each party may, in the Court's discretion be discharged with an equal share of the per diem cost of one day's service by the number of jurors actually reporting for the trial of said case. The forgoing costs will not be waived except upon a showing of exceptional circumstances which excuse the delay notification, but may, in the discretion of the Court, be charged against either or both parties together with any additional costs reasonably incurred in anticipation of trial including but not limited to travel expenses and loss of earnings of witnesses and the like.

(Adopted effective September 1, 1996)

RULE NO. 10 CRIMINAL RULES

I. Arraignments and Preliminary Appearances A. Arraignments and preliminary appearances shall be handled at any time by arrangement with the Court and otherwise as part of the criminal motion calendar. B. At arraignment in any criminal action, the Administrator shall set the matter for omnibus hearing, status conference and trial. The defendant shall be given a copy of the setting notice at the time of arraignment and sign the receipt therefor. II. Change of Plea A. In all cases where the Court is advised to cancel a trial setting for the reason that the defendant intends to enter a plea of guilty such change of plea must be entered no later than the next succeeding criminal motion day following cancellation of the trial setting or the criminal motion day preceding the trial date, whichever is sooner, and in no event later than the time limitation of the applicable speedy trial rule unless by leave of Court by good cause shown.

III. Indigent Criminal Defendants, Financial Statement A. The first duty of counsel appointed to represent indigent accused shall be to assist such accused in completing and immediately filing with the Court a financial statement form as provided by the Court. The defendant shall make a request for Court appointed counsel on the form prescribed in Exemplar 6. IV. Probation Violation Procedure A. Whenever a probationer is detained as a result of alleged violation of conditions of probation an order of probation suspension, arrest and detention shall be issued by the community supervision officer. The order shall contain authorization for the appropriate law enforcement agency to hold the alleged violator and in addition shall contain the specific violations for which the probationer is being detained. A copy of such order shall be served on the probationer no later than his/her placement in detention and at the time of detention he/she shall also be served with a written notice advising him/her of his/her right to both a preliminary hearing and a revocation hearing. He/she shall also be given an opportunity to waive preliminary hearing in writing. He/she may so waive at any time prior to such hearing. Copies of the notice together with waiver of preliminary hearing if such is signed, as required by this rule, shall be given to the prosecuting attorney and the sentencing Court. Within one judicial day thereafter a preliminary hearing or revocation hearing, if preliminary hearing is waived, shall be scheduled by the prosecuting attorney and the probationer advised of the date thereof. Nothing in this rule shall be construed as abrogation of a probationer's right to counsel. He/she shall be advised that he/she may consult counsel before signing the waiver of preliminary hearing. Upon exercising his/her right to consult an attorney before signing the waiver, the form for such waiver shall be left with him/her. V. Continuances A. Request for continuances either agreed or uncontested will not be granted by the Court unless the following procedure has been followed: 1. Defendant and his/her attorney has signed and submitted a waiver of speedy trial in the form prescribed in Exemplar 7, with the motion and order for continuance of trial date; and, 2. Motion and order for continuance of trial date has been submitted for Court approval after endorsement of a new trial date by the Court Administrator; and 3. The motion and order for continuance of trial date is submitted to the Judge not less than seven days prior to the previously established trial date. VI. 3.5 and 3.6 Hearings A. If the moving party in a 3.5 (Confession) or 3.6 (Suppression) hearing files a Memorandum of Authorities in support of the motion, such memorandum shall be filed and served on the opposing party at least ten days prior to the hearing on the motion. A response to the Memorandum shall be filed and served at least five days before the hearing and a reply to the response shall be filed and served at least two days prior to the hearing. Courtesy copies of all Memoranda shall be provided to the Judge hearing the matter at the time of filing. (Adopted effective September 1, 1996) B. Within 7 days after the Omnibus hearing where a 3.5 hearing is requested by the State, the Prosecutor must serve on the defendant (or if represented, the defendant's attorney) and file with the Court a brief description of the defendant's statement(s) the Prosecutor intends to offer in evidence. C. Within 7 days after the Omnibus hearing where a 3.6 hearing is requested by the defendant, the defendant (or, if represented, the defendant's attorney) shall serve on the Prosecutor and file with the Court a written motion for suppression identifying the item(s) to be suppressed and briefly stating the grounds for suppression. (Adopted effective September 1, 1998) VII. Pre-Trial Conferences and Hearings in Adult Criminal Cases (for Klickitat County Only) A. On the date set for arraignment in Superior Court, or upon which the defendant is arraigned, the prosecuting attorney, defense attorneys and the defendant(s) will subscribe to a Notice Form (a copy of which is made as Exemplar 2 and 3 to this rule). Each attorney and the defendant shall be given a copy of the completed form; the original shall be filed in the case file. B. At least two weeks prior to the Trial Status conference date, the prosecuting attorney shall mail or deliver to the defendant's attorney or to the defendant if he/she is pro se, a written offer to settle the case. C. In Klickitat County, on the third Friday proceeding a scheduled criminal trial, the defendant shall meet with his/her attorney in his/her attorney's office or at such other place as may be designated by the defense attorney for a settlement conference to discuss any plea bargain offers made by the prosecuting attorney. If the settlement conference falls on a legal holiday, it shall be held on the day before the holiday. Defendants' attendance is mandatory at the Settlement Conference and Status Hearing and his/her failure to attend without Court approval will result in a warrant for his/her arrest. On the next criminal motion day following the settlement conference or in Skamania County, the date of the settlement conference, the defendant, his/her attorney and the prosecuting attorney shall appear in the Superior Court at a time set on the Notice Form for a status hearing to determine if the matter will proceed to trial as scheduled. At the status hearing, the attorneys shall fill out and sign and the defendant shall sign a Status Conference Report (Exemplar 4). The original of the Status Conference Report shall be filed with the Court. If the defendant agrees to plead guilty, the plea shall be set on the entry prior to the scheduled trial date. If the matter is to proceed to trial the defense attorney and the prosecuting attorney shall verify to the Court that each has provided the other with his/her trial witness list and that any pre-trial motions have been schedule for hearing. (Adopted effective September 1, 2009)

VIII. Authority of Court Commissioners A. Superior Court Commissioners shall have the power, authority and jurisdiction in adult criminal cases to accept pleas in accordance with RCW 2.24.040.

(Adopted effective January 15, 2001)

RULE NO. 11 GENERAL RULES

I. Filing and Endorsement of Papers

A. Every paper presented to a Judge for signature and every paper presented for filing shall bear a designation of what it purports to be, the number and title of the case and the name of counsel presenting or filing the same. Every order presented to a Judge for signature shall bear the signature of the individual attorney presenting it on the lower left hand corner of the page to be signed by the Judge. II. Accounting Procedures A. Before a trial is set in any matter involving an accounting, the party required to account shall submit to opposing parties and the Court a formal statement in detail of cash and other property transactions in a form which will furnish information to enable a party to make a reasonable test of the accuracy and honesty thereof. The opposing party, by pre-trial discovery procedures, shall test the validity of the accounting statements submitted. Issues shall be made up for trial only by specific exception to separate and specific transactions shown or not shown in the accounting statement. Items that are set forth in the accounting statement to which no exception is taken shall be deemed correct. III. Attorney Fees A. Appointed Counsel submitting motions for fixing or payment of attorney fees and counsel requesting the Court fix fees in any other case, shall itemize their time, services rendered or other detailed basis for the fee requested and attach a copy thereof to the motion. Orders for payment of Court appointed attorneys' fees shall be presented in duplicate. No fees will be paid or approved, except interim fees and fees on juvenile dependencies made on special request, until the case is concluded of record with all papers and documents required therefor signed by the Court. IV. Suspension of Rules A. The Court may modify or suspend any of these rules in any given case upon good cause being shown therefor or upon the Court's own motion. V. Restitution A. The Clerk shall pay to the person authorized by Court order to receive the same all restitution monies paid through his/her office at such times as he/she shall find convenient but not less frequently than quarterly.

(Adopted effective September 1, 1996)

RULE NO. 12 FINANCIAL RESPONSIBILITY FOR COST OF JUVENILE DETENTION

I. Persons Responsible A. Pursuant to the intent and standard set forth in RCW 13.16.085 in any Juvenile Court proceeding regarding the detention of a juvenile offender, the Court may order the parent or parents, guardian or other person or persons having custody of the juvenile offender to pay or contribute to the payment of the cost of such detention. II. Time of Payment A. The maximum payment of per diem costs charged to the county and/or ordered by the Court shall be paid in a reasonable time unless a sworn financial statement is presented to the Court at said proceeding which could reduce or eliminate any such assessment or due to other circumstances recognized by the Court. Transportation and medical costs may also be assessed under this rule. III. Duty of Juvenile Court Administrator A. It shall be the duty of the Administrator of Juvenile Court to notify the parent or parents, guardian or other person or other persons having custody of the juvenile offender, of this rule prior to said proceeding and provide all necessary documents to the parent or parents, guardian or other person or persons having custody of the offender in order for such parent or person or persons to adequately prepare for said proceeding. IV. Clerk to Receive Payments A. The Clerk of the Court shall receive payments in a manner appropriate to local and State auditing regulations for any such assessments and shall monitor the same, reporting to the Administrator of Juvenile Court any assessments that are substantially delinquent. A show cause hearing with timely notice by the Administrator of Juvenile Court to the delinquent parent or parents, guardian or other person or persons having custody of the offender may be held to inquire into the delinquency of the assessments and the sanctions available pursuant to RCW 13.16.085.

(Adopted effective September 1. 1996)

RULE NO. 13 WAIVER OF AGE TO MARRY I. Application A. Application for waiver of minimum age to marry shall be through the Juvenile Department of the Superior Court in the County where one of the parties resides. Applications shall contain such information and supporting documentation as may be prescribed by the Juvenile Court Administrator. Before presentation to the Court, applicants must give evidence of completion of a program approved by the Juvenile Court Administrator, pre-marital counseling by a licensed counseling agency or their rabbi, priest or minister together with a counselor's written recommendation and be interviewed by the Juvenile Court Administrator or his/her designee who shall offer recommendations to the Court.

(Adopted effective September 1, 1996)

RULE NO. 14 FEE FOR PETITION FOR EMANCIPATION

I. There shall be charged a fee for the filing of a Petition for Emancipation as provided under RCW 13.64.020 as now in effect or hereafter amended.

(Adopted effective September 1, 1996)

RULE NO. 15 RECORD OF PROCEEDINGS

I. The record of proceedings in Klickitat and Skamania County Superior Courts is on videotape. Refer to "Publisher's Appendix" to Washington Court Rules, Rules on Appeal, for procedures for the use of videotape equipment in the trial court and on appeal.

(Adopted effective September 1, 1996)

RULE NO. 16 MANDATORY ARBITRATION

I. Scope and Purpose of Rules A. Application of Rules - Purpose and Definition 1. Purpose. The purpose of mandatory arbitration of civil actions under RCW 7.06 as implemented by the Mandatory Arbitration Rules is to provide a simplified and economical procedure for obtaining the prompt and equitable resolution of disputes involving claims of fifty thousand dollars ($50,000.00) or less. The Mandatory Arbitration Rules as supplemented by these local rules are not designed to address every question which may arise during the arbitration process, and the rules give considerable discretion to the arbitrator. The arbitrator should not hesitate to exercise that discretion. Arbitration hearings should be informal and expeditious, consistent with the purpose of the statutes and rules. 2. Administration. The arbitration department shall consist of the Court Administrator under the direction of the Superior Court Judge. The arbitration department shall supervise arbitration under these rules and perform any additional duties which may be delegated. B. Relationship to Superior Court Jurisdiction and Other Rules - Motions 1. All motions relating to civil cases transferred to mandatory arbitration shall be presented to the arbitrator, except (a) cases where arbitrability is at issue, (b) where assignment of an arbitrator is disputed and not resolved by the Administrator, (c) motions for involuntary dismissal, (d) motions for summary judgment, and (e) motions to dismiss for failure to state a cause of action. II. Transfer to Arbitration and Assignment of Arbitrator A. Transfer to Arbitration 1. Statement of Arbitrability. In every civil case the party filing the Note for Trial Docket shall, upon the form prescribed by the court, complete a Statement of Arbitrability (Exemplar #5). Prior to the trial-setting date any party disagreeing with the Statement of Arbitrability or willing to stipulate to arbitration shall serve and file a Response to the Statement of Arbitrability on the form prescribed by the court (Exemplar #8). In the absence of such Response, the Statement of Arbitrability shall be deemed correct, and the case shall be deemed set for arbitration. Cases transferred to the arbitration calendar shall be stricken from their position on the trial calendars. Unless otherwise ordered by the court, no trial date shall be assigned in cases which are subject to arbitration. If a party asserts that its claim exceeds $50,000.00 or seeks relief other that a money judgment, the case is not subject to arbitration except by stipulation. 2. Failure to File Amendments. A party failing to serve and file an original Response within the time prescribed may later do so only upon leave of court. A party may amend the Statement of Arbitrability or Response at any time before assignment of an arbitrator or assignment of a trial date and then only upon leave of court for good cause shown. B. Assignment of Arbitrator 1. Generally; Stipulations. When a case is set for arbitration, a list of five proposed arbitrators shall be furnished to the parties. A list of other approved arbitrators shall be furnished upon request. The parties are encouraged to stipulate to an arbitrator. In the absence of the stipulation within 14 days after a case is transferred to arbitration, the arbitrators shall be chosen from among the five proposed arbitrators in the manner defined by this rule. a. Response by Parties. Within 14 days after a list of proposed arbitrators is furnished to the parties, each party shall nominate one or two arbitrators and strike two arbitrators from the list. If both parties respond, an arbitrator nominated by both parties shall be appointed. If no arbitrator has been nominated by both parties, an arbitrator shall be appointed from among those not stricken by either party. The parties need not serve their responses on the other side, and the responses shall not be disclosed to a party by the Administrator (except for disclosure of an arbitrator selected by both parties). b. Response by Only One Party. If only one party responds within 14 days, an arbitrator shall be appointed from that party's response. c. No Response. If neither party responds within 14 days, the arbitrator shall be randomly appointed from the five proposed arbitrators. d. Additional Arbitrators for Additional Parties. If there are more than two adverse parties, all represented by different counsel, two additional proposed arbitrators shall be added to the list for each additional party so represented with the above principles of selection to be applied. The number of adverse parties shall be determined by the arbitration department, subject to review by the Superior Court Judge. III. A. Qualifications 1. Arbitration Panel. There shall be a panel of arbitrators in such numbers as the Superior Court Judge may from tine to time determine. A person desiring to serve as an arbitrator shall complete an information sheet on the form prescribed by the court. A list showing the names of arbitrators available to hear cases and the information sheets shall be available for public inspection in the Court Administrator's office. The oath of office on the form prescribed by the court must be completed and filed prior to an applicant being placed on the panel. 2. Refusal - Disqualification. The appointment of an arbitrator is subject to the right of that person to refuse to serve. An arbitrator must notify the arbitration department immediately if refusing to serve or if any cause exists for the arbitrator's disqualification from the case upon any of the grounds of interest, relationship, bias or prejudice set forth in CJC Canon 3 (C) governing the disqualification of judges. If disqualified, the arbitrator must immediately return all materials in a case to the arbitration department. B. Authority of Arbitrators 1. An arbitrator has the authority to: a. Determine the time, place and procedure to present a motion before the arbitrator. b. Require a party or attorney advising such party or both to pay the reasonable expenses, including attorney's fees, caused by the failure of such party or attorney or both to obey an order of the arbitrator unless the arbitrator finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The arbitrator shall make a special award for such expenses and shall file such award with the Clerk of the Court, with proof of service on each party. The aggrieved party shall have 10 days thereafter to appeal the award of such expense in accordance with the procedures described in RCW 2.24.050. If within 10 days after the award is filed no party appeals, a judgment shall be entered in a manner described generally under MAR 6.3. c. Award attorney's fees as authorized by these rules, by contract or by law. IV. Procedures After Assignment A. Discovery In determining when additional discovery beyond that directly authorized by MAR 4.2 is reasonably necessary, the arbitrator shall balance the benefits of discovery against the burdens and expenses. The arbitrator shall consider the nature and complexity of the case, the amount in controversy, values at stake, the discovery that has already occurred, the burdens on the party from whom discovery is sought, and the possibility of unfair surprise which may result if discovery is restricted. Authorized discovery shall be conducted in accordance with the Civil Rules except that motions concerning discovery shall be determined by the arbitrator. V. Hearing A. Notice of Hearing 1. Notice of Hearing - Time and Place - Continuance. An arbitration hearing may be scheduled at any reasonable time and place chosen by the arbitrator. The arbitrator may grant a continuance without court order. The parties may stipulate to a continuance only with permission of the arbitrator. The arbitrator shall give reasonable notice of the hearing date and any continuance to the arbitration department. B. Pre-hearing Statement of Proof - Documents Filed with Court In addition to the requirements of MAR 5.2, each party shall also furnish the arbitrator with copies of pleadings and other documents contained in the court file which that party deems relevant. The court file shall remain with the Clerk of the Court. C. Conduct of Hearing 1. Recording. The hearing may be record electronically or otherwise by any part at that party's expense. VI. Award A. Form and Content of Award 1. Form. The award shall be prepared on the form prescribed by the court (Exemplar #9). 2. Return of exhibits. When an award is filed, the arbitrator shall return all exhibits to the parties who offered them during the hearing. B. Filing of Award A request by an arbitrator for an extension of time for the filing of an award under MAR 6.2 may be presented to the Superior Court Judge, ex parte. The arbitrator shall give the parties notice of any extension granted. C. Judgment on Award 1. Presentation. A Judgment on an award shall be presented to the Presiding Judge, by any party, on notice in accordance with MAR 6.3. VII. General Provisions A. Stipulations; Effect on Relief Granted If a case not otherwise subject to mandatory arbitration is transferred to arbitration by stipulation and order of the court, the arbitrator may grant any relief which could have been granted if the case were determined by a judge. B. Title and Citation These rules are known and cited as the Klickitat/Skamania Court Mandatory Arbitration Rules. LMAR is the official abbreviation. C. Compensation of Arbitrator 1. Generally. Arbitrators shall be compensated in the same amount and manner as Judges Pro Tempore of the Superior Court; provided, however, that said compensation shall not exceed $500.00 for any case unless prior approval is granted by the Superior Court Judge. The Superior Court Judge shall determine the amount of compensation to be paid. No county payment shall be made unless and until funding is provided by the County Commissioners of the county having jurisdiction over the action.

(Adopted effective September 1, 1996; amended adopted 2007)

RULE NO. 17 MANDATORY PARENTING SEMINARS

I. Applicable Cases A. This rule shall apply to all cases filed after April 1, 1997 under Ch.26.09, Ch.26.10, or Ch.26.26 RCW which require a parenting plan or residential plan for minor children, including dissolution's, legal separations, major modifications, paternity actions in which paternity has been established, and non-parental custody actions. II. Mandatory Attendance A. In all cases governed by this rule, all parties shall complete a parenting seminar approved by the Court. Standards for parenting seminars shall be established by the Court and providers shall be approved by the Court. III. Timing A. Parties required by this rule to participate in parenting seminars shall complete an approved parenting seminar within 90 days after service of the petition or motion initiating the action which is subject to this rule. In the case of paternity actions initiated by the prosecuting attorney's office, the parenting seminar shall be required only when paternity has been established or acknowledged and a parenting plan is requested. The seminar will be completed prior to the entry of a permanent parenting or residential plan. B. Upon completion of the parenting seminar, the seminar provider shall file a certificate of completion with the Clerk of the Court. IV. Fees A. Each party attending a seminar shall pay a fee charged by the approved provider and sanctioned by the Court. The Court may waive the fee for indigent parties. V. Special Consideration/Waivers A. In no case shall opposing parties be required to attend a seminar together. B. If the Court determines that attendance at a seminar is not in the children's best interest, pursuant to Ch.26.12 RCW, the Court shall either: 1. Waive the requirement of completion of the seminar; or 2. Allow participation in an alternative parenting seminar, if available. C. The Court may waive the seminar requirement or extend the time for attendance of the seminar for good cause shown. VI. Service on Parties A. The Clerk of the Court shall provide a copy of this rule to the initiating party for service upon all parties against whom relief is sought, together with a statement describing the program including contact telephone numbers, addresses, statement of costs, and an explanation of how to request a waiver or referral of the program registration fee. VII. Failure to Comply A. Willful refusal to participate in a parenting seminar or willful delay in completion of a parenting seminar by any party will 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.

(Adopted effective September 1, 1997)

RULE NO. 18 JUVENILE OFFENDER STATUS CONFERENCES

I. Status Conference Schedule/Notification A. At the time of a juvenile's arraignment on criminal charges, the Court will set a status conference/hearing date and time. Notification will be provided on a notice form. The status conference/hearing shall be at 4:00 PM on the second regular juvenile arraignment docket following arraignment, if the case is a 60 day fact-finding set (Klickitat County), or at 4:00 PM on the second regular criminal/civil motion day following arraignment (Skamania County). In Klickitat County, if the case is a 30 day fact- finding set, the status conference/hearing shall be held on the next regular juvenile arraignment docket following arraignment. The juvenile and the juvenile's attorney shall be present at the status conference/hearing unless the juvenile and his/her attorney have signed off on a status conference report prior to the status conference/hearing. B. The Prosecuting Attorney and the Juvenile Court Administrator shall make available to the juvenile's attorney, or if unrepresented, to the juvenile, an offer to settle the case prior to the status conference/hearing date. No further plea bargain offers will be accepted by the Court after the status conference/hearing date unless good cause be shown.

(Adopted effective September 1, 2006)

RULE NO. 19 BOOKS AND RECORDS KEPT BY THE CLERK

I. Clerk of the Court Schedule of Charges A. The Clerk of the Court will maintain a schedule of charges authorized by law for clerk's services. The schedule will be maintained in the clerk's office and available for public inspection. II. Files A. Filings by Clerk of Court; All original pleading or other papers with proper caption and cause number will be file stamped, docketed and secured in the legal file by the clerk in the order received. B. Action Documents; All pleadings that require action by the clerk, other than file stamping and docketing, shall contain the language "Clerk's Action Required" in the caption beneath the case number on the first page of the document. C. Conformed Copies; All requests to the clerk for a response to an inquiry about a court file or for return of conformed copies of pleadings must be accompanied by a self-addressed, stamped return envelope. D. Sealed Papers; The clerk of the court shall seal and not permit examination of the following; psychological evaluations, sociological evaluations, mental evaluations, reports of the guardians ad litem and sealed financial source documents in family law matters, except by court order in conformity with GR 15 and GR 22. If sealed, papers may be unsealed only by court order, by motion and , by motion and with notice, in conformity with GR 15 and GR 22. III. Exhibits A. Exhibit Files; The exhibits in all cases shall be kept by the clerk separate from the files of the case. B. Exhibit Inspection; Exhibits may be inspected in the clerk's office only in the presence of the clerk of the court or a deputy clerk. C. Court Records as Exhibits; No original court record shall be admitted as an exhibit, but a copy may be admitted. D. Substituted Copies of Exhibits; For cause shown, the court may permit a copy of any document admitted in evidence to be substituted for the original. E. Exhibit Packaging and Labeling; Exhibits containing blood borne pathogens, drugs, firearms or dangerous weapons shall be properly packaged and labeled before acceptance by the court. To meet packaging and labeling requirements, exhibits shall conform to the following criteria when presented: (1) Blood borne pathogens shall be packaged in sturdy plastic containers. If contained in a vial or hypodermic, each shall be placed in an individual sturdy plastic container. All items shall be labeled to identify the contents as potentially biologically hazardous material. (2) Drugs shall be placed in sealed containers to prevent or reduce emissions from the container. Plainly visible labels shall identify the contents. (3) Firearms shall be unloaded, any breach mechanism or cylinder shall be open, and a secured trigger lock shall be in place.

(4) Dangerous weapons shall have any sharp or pointed portions sheathed in a manner to prevent injury or contact with the sharp or pointed portions. (5) Paper bags alone will not constitute proper packaging. F. Videotaped Depositions; Videotaped depositions published in open court shall be treated as court exhibits, with the same retention standards. A party who wishes to make a published videotaped deposition part of the court file must submit a certified transcript of the deposition. G. Unsuitable Materials as Exhibits; Whenever there is presented to the clerk of the court for filing any paper or material that the clerk of the court determines to be improper or inappropriate for filing, the clerk of the court shall affix a file mark thereto and apply to the court for a determination of the propriety of filing the material presented. If the court determines that the paper or material should not be made part of the file, an order shall be entered converting the material to an exhibit, and the clerk of the court shall retain the material as an exhibit to the cause. If the court determines that the material warrants being sealed, the court shall direct the clerk of the the material warrants being sealed, the court shall direct the clerk of the court to give notice to all parties to the cause and shall conduct a hearing on the court's motion to seal the material pursuant to GR 15. IV. Withdrawal of Files and Exhibits A. Files; Except for delivery to a courtroom, judge, court commissioner, referee, court personnel or official court reporter, files may be withdrawn from the clerk's office only pursuant to court order or written authorization by the clerk. Applications to withdraw a file must be in writing. The clerk or a deputy may authorize withdrawal of a file for a period not exceeding 24 hours. A person who withdraws a file shall return the file and all of its papers in good order, and shall not remove, even temporarily, any staples from any papers. B. Exhibits; Temporary Withdrawal; Exhibits may be withdrawn temporarily from the clerk's office only by: (1) The judge having the case under consideration. (2) Official court reporters for use in connection with their duties, without court order. (3) An attorney of record, upon court order. The clerk shall take an itemized receipt for all exhibits withdrawn, and upon return of the exhibits they shall be checked by the clerk against the original receipts. The clerk shall keep all receipts for such exhibits for the period of three years from date of withdrawal or return. C. Failure to Return Files or Exhibits; Sanctions; In the event that an attorney or other person fails to return within the time required a file or exhibit which was temporarily withdrawn, and fails to comply with the clerk's request for its return, the clerk may, without notice to the attorney or other person concerned, apply to the court for an order for the immediate return of such file or exhibit. A certified copy of such order, if entered shall then be served upon the attorney or other person involved. D. Permanent Withdrawal of Exhibits; After final judgment and expiration of the time for appeal, the court may order the permanent withdrawal of an exhibit and delivery thereof to any party or other person entitled to possession. E. Return of Contraband Exhibits; When contraband, alcoholic beverages, tobacco products or controlled substances are being held by the clerk as part of the records and files in any criminal case, and all proceedings in the case have been completed, the court may order the clerk to deliver such contraband or substances to an authorized representative of the law enforcement agency initiating the prosecution for disposition according to law. The clerk shall then deliver the contraband or substances and take from the law enforcement agency a receipt which shall be filed in the cas E. The clerk shall also file any certificate issued by an authorized federal or state agency and received by the clerk showing the nature of such contraband or substances. F. Return of Exhibits and Unopened Depositions; When a civil case if finally concluded, and upon stipulation of the parties or court order, the clerk may return all exhibits and unopened depositions, or destroy the same. G. Return of Administrative Records; When a case for review of an administrative record is finally completed, the clerk shall return the administrative record to the officer or agency certifying the same to the court. The clerk shall treat the administrative record as an exhibit, conforming with III. above. H. Verbatim Report of Proceedings; A verbatim report of proceedings shall not be withdrawn from the clerk's office except by court order. I. Transcripts; A request for a verbatim report of proceedings or a copy of a videotaped record of proceedings shall be referred to the Superior Court Judicial Assistant.

(Adopted effective September 1, 2002)

Rule 20. Names of Minor Children on Court Documents

The complete names of minor children is necessary for the orderly administration of justice and such complete names shall be used on all court documents except where prohibited by statute or court order. This rule does not prohibit the use of initials to identify child victims or witnesses in criminal or juvenile offender proceedings.

[Adopted effective September 1, 2005]

RULE NO. 21 GUARDIANSHIPS

I. Loss of Voting Rights A. In accordance with RCW 11.88.010(5), if an incapacitated person loses the right to vote, the Order Appointing Guardian or Approving Report shall include a specific finding on the loss of the right to vote. B. The Guardian ad Litem and/or Guardian shall also submit a Notice of Loss of Voting Rights to the Court that shall include the name, address, and date of birth of the incapacitated person and that shall direct the clerk to forward the Notice of Loss of Voting Rights to the County Auditor. (see Exemplar #11) C. If the guardianship is terminated by a determination of competency of the individual, the court shall direct the clerk to send to the County Auditor a certified copy of the Order Restoring Voting Rights including the same personal identifiers as the Notice of Loss of Voting Rights. D. Clerk will determine whether Notice of Loss of Voting Rights has been filed. If notice has not been filed, clerk shall complete a notice using information from guardianship petition and/or guardian ad litem report. E. Clerk will forward Notice of Loss of Voting Rights to the County Auditor. F. Copy of the notice will be placed in the file.

G. If the guardianship is terminated based on the Court's finding that the ward is now competent to handle affairs, the clerk will send a certified copy of the Order Restoring Voting Rights (see Exemplar #12) to the County Auditor. (Adopted effective September 1, 2006)

II. Guardian Ad Litem Grievance Procedure A. When the Court receives a written complaint alleging one of the following: 1) There has been a violation of the Guardian ad Litem Code of Conduct, 2) There has been a misrepresentation of his or her qualification to be a guardian ad Litem, or 3) The Guardian ad Litem has not met the annual update requirements, or B. When the Court becomes aware of any reason that would place the suitability of the person to act as Guardian ad Litem in question, including, but not limited to the following: 1) Breach of confidentiality. 2) Falsifying information on the application. 3) Falsifying information in a Court report. 4) Failure to report abuse of a child. 5) Ex-parte communication. 6) Representing the Court in a public forum, without prior approval of the Court. 7) Violation of state, or local laws, rules of this policy, while a Guardian ad Litem. 8) Dissemination of law enforcement records. C. The court Administrator/or designee shall seek a written response from the Guardian ad Litem only upon findings by the Court Administrator/or designee that a response is necessary. Should a response from the Guardian ad Litem be requested and upon receipt of the response, the Court Administrator/or designee will forward the complaint, and the response to the Presiding Judge, or his or her designee(s). The Guardian ad Litem shall be notified of any decision to suspend or remove the Guardian ad Litem from a registry. A Guardian ad Litem seeking reconsideration of the decision shall do so in writing to the Superior Court Administrator/or designee, who shall forward the request, and other documents to the Presiding Judge, or his or designee(s). At the discretion of the Presiding Judge, or his or her designee(s), the Guardian ad Litem's participation in the registry may be suspended pending resolution of the complaint. The Guardian ad Litem shall be notified in writing of the final decision of the Court. D. The Court's decision may deny a person listing on, or may temporarily suspend from, or permanently removed from, the registry for any reason that placed the suitability of the person to act as a Guardian ad Litem in question. E. A Guardian ad Litem who ceases to be on the registry, and who still has active or incomplete cases shall immediately report this circumstance to the Supreme Court Administrator/or designee who will reassign such cases. (Adopted effective September 1, 2009)

EXEMPLAR 1 PRE-TRIAL ORDER The contents of this item are only available on-line.

EXEMPLAR 2 NOTICE RE: ARRAIGNMENT DATE; OMNIBUS HEARING DATE; TRIAL DATE; TIME ELAPSED FROM ARRAIGNMENT TO TRIAL; AND TIME LIMITS The contents of this item are only available on-line.

EXEMPLAR 3 ORDER SETTING STATUS CONFERENCE The contents of this item are only available on-line.

EXEMPLAR 4 STATUS CONFERENCE REPORT The contents of this item are only available on-line.

EXEMPLAR 5 NOTE FOR TRIAL SETTING/CERTIFICATE OF READINESS/STATEMENT OF ARBITRABILITY The contents of this item are only available on-line.

EXEMPLAR 6 REQUEST FOR AND ORDER APPOINTING LEGAL COUNSEL The contents of this item are only available on-line.

EXEMPLAR 7 WAIVER OF SPEEDY TRIAL The contents of this item are only available on-line.

EXEMPLAR 8 RESPONSE TO STATEMENT OF ARBITRABILITY The contents of this item are only available on-line.

EXEMPLAR 9 ARBITRATION AWARD The contents of this item are only available on-line.

EXEMPLAR 10 PRE-TRIAL STATEMENT OF The contents of this item are only available on-line.

EXEMPLAR 11 NOTICE OF LOSS OF VOTINGS RIGHTS The contents of this item are only available on-line.

EXEMPLAR 12 ORDER RESTORING VOTING RIGHTS The contents of this item are only available on-line.

LEWIS COUNTY SUPERIOR COURT LOCAL RULES TABLE OF RULES

Administrative Rules (LAR) LAR 1 Presiding Judges

Civil Rules (LCR) LCR 1 Court Commissioner Hearing Adult Felony Matters LCR 2 Motions for Revision of Commissioner Rulings LCR 3 Docketing and Confirming Civil Motions LCR 5 Service and Filing of Motions and Responses LCR 7 Pleadings Allowed; Form of Motions LCR 10 Family Law Motions Page Limitation LCR 14 Use of Colored Paper LCR 60 Omission of Law Enforcement Information Form in Case Types 2,3, and 5 LCR 79 Books and Records Kept by Clerk Local Guardian Ad Litem Grievance Rules (LRGAL) LRGAL 1.1 Guardian ad Litem Complaint Review Committee LRGAL 1.2 Submission of Complaints LRGAL 1.3 Review of Complaints LRGAL 1.4 Response and Findings LRGAL 1.5 Confidentiality LRGAL 1.6 Complaint Processing Time Standards LRGAL 1.7 Sanctions LRGAL 1.8 Requests for Reconsideration Hearing LRGAL 1.9 Maintaining Records of Grievances

Local Rule on Guardian Ad Litem Registry Policy (LRGAL) LRGAL 2.1 General Policy LRGAL 2.2 Specific Registry Requirements LRGAL 2.4 Retention on Registries

Local Mandatory Mediation Rules (LMMR) LMMR 1 Child Custody Proceeding Defined LMMR 2 Family Court Services Defined LMMR 3 Mediation Required LMMR 4 Continuing Superior Court Jurisdiction LMMR 4.2 Discovery LMMR 5 Noting for Mediation and Trial Setting LMMR 6 Appointment of Mediator LMMR 7 Authority of Mediator LMMR 8 Attendance LMMR 9 Declaration of Completion LMMR 10 Payment LMMR 11 Mediation Unsuccessful LMMR 12 Confidentiality

Local Mandatory Arbitration Rules (LMAR) LMaR 1.1 Application of Rules - Purpose and Definitions LMaR 1.3 Relationship to Superior Court Jurisdiction and Other Rules - Motions LMaR 6.1 Form and Content of Award LMaR 8.1 Stipulations-Effect on Relief Granted LMaR 8.4 Title and Citation LMaR 8.6 Compensation of Arbitrator

Local Mandatory Parenting Seminar Rules (LMPSR) LMPSR 1.1 Parenting Seminars LMPSR 2.1 Time of Attendance LMPSR 2.2 Certification of Completion LMPSR 3.1 Fees LMPSR 4.1 Special Consideration/Waiver LMPSR 5.1 Failure to Comply/Sanctions LMPSR 6.1 Standards

Local Mandatory Settlement Conference Rules (LMSCR) LMSCR 1 Settlement Conferences in Family Law Cases

Local Special Proceedings Rules (LSPR) LSPR 98.05 Guardianship Orders and Reports

Appendix Guardianship Summary for Annual Report Apendix A Order to Transfer to Mandatory Mediation (ORTF)

LAR 1. Presiding Judge.

1.1 Election. Pursuant to General Rule 29(a)(1), Rules of Court (GR 29(a)(1)) the elected Superior Court Judges shall elect a Presiding Judge and an Assistant Presiding Judge by majority vote at a meeting of the Judges to be held in October December of odd numbered years. Comment: the idea is to give some lead time for scheduling and transition. 1.2 Term. The terms of the Presiding Judge and Assistant Presiding Judge shall be for two years beginning January 1 of the even numbered year after their election. 1.3 Vacancy. A vacancy in the office of the Presiding Judge shall be filled by the then Assistant Presiding Judge. A vacancy in the office of Assistant Presiding Judge shall be filled by majority vote of the elected Superior Court Judges at the first meeting of Judges to be held after the vacancy is known to exist. Judges filling vacancies shall serve until January 1 of the next even numbered year. 1.4 Duties and Responsibilities. The duties of the Presiding Judge and Assistant Presiding Judge shall be as provided in GR 29. Unless otherwise provided herein, GR 29 shall apply. Comment: With this change the rest of 1.4 and all of 1.5 and 1.6 could be deleted. The Presiding Judge shall supervise the judicial business of the Court as authorized and directed in GR29(e)(f) and (h). The Assistant Presiding Judge shall serve as Acting Presiding Judge during the absence of or upon request of the Presiding Judge, and shall perform such further duties as the Presiding Judge or the majority of the elected Judges shall direct. 1.5 Qualifications. Selection of a Presiding Judge should be based on the Judge's (1) management and administrative ability, (2) interest in serving in the position, (3) experience and familiarity with a variety of trial court assignments, and (4) ability to motivate and educate other Judicial Officers and court personnel. The Presiding Judge shall have at least four years of experience as a Judge, unless this requirement is waived by a majority vote of the elected Judges of the Court. 1.6 Removal. The Presiding Judge may be removed by a majority vote of the elected Judges of the Superior Court. 1.7 Interim Term. Since the effective date of GR 29 is April 30, 2002, the Presiding Judge and the Acting Presiding Judge shall be elected by majority vote of the Judges of the Lewis County Superior Court upon adoption of this Rule and shall serve in the interim until January 1, 2004.

LCR NO. 1 COURT COMMISSIONER HEARING ADULT FELONY MATTERS Court Commissioners appointed and qualified under Article 4, Section 23 of the Washington State Constitution are authorized to preside over, and consider all matter in adult felony proceedings as specified under RCW 2.24.040(15) including accepting pleas in all cases. (effective September 1, 2001)

LCR 2. MOTIONS FOR REVISION OF COMMISSIONER RULINGS A party filing a motion for revision of a ruling of a Court Commissioner shall note the motion for argument before the presiding judge such that, within 30 days of filing, the matter shall be considered and determined. Absent extraordinary circumstances, any motion for revision not heard within 30 days of filing shall be considered abandoned, stricken by the court and the commissioner's ruling affirmed. (a) Revision by Motion and Notice. Revision shall be initiated by filing a motion with the Clerk of the Court within 10 days after entry of the order or judgment as provided in RCW 2.24.050. The motion must specify each portion of the Order for which revision is sought. The revision form shall designate a hearing date no later than 30 days after the filing of the motion. The Motion for Revision shall also be noted in accordance with Civil Rules 6 and 7. A copy of the motion for revision shall be served upon the other parties, or their counsel, if represented, within 10 days after the entry of the order or judgment and at least five court days before the hearing date. An additional three days notice shall be required if service is by mail. (b) Transcript Required. At least four days prior to the hearing on the motion, the moving party shall file a transcript of the oral ruling of the Commissioner. The moving party shall obtain the transcript at their expense. A copy of the transcript shall, at least four days before the hearing, also be served upon the other parties and a bench copy furnished to the Judge who will hear the motion. A transcript will not be required if the matter was decided by letter decision, or if no oral decision was rendered. The transcript shall be prepared by an Official Court Reporter. Failure to comply with these requirements may result in denial of the motion. [Adopted effective September 1, 2001; amended effective September 1, 2015; amended effective September 1, 2018]

LCR 3. DOCKETING AND CONFIRMING CIVIL MOTIONS

A. MOTION DOCKETS Motions to be argued shall be heard on the respective dockets as set forth in this rule. In the event any day scheduled for a motion docket is a legal holiday or a date when the court is unavailable for any reason, the date for such docket shall be as scheduled by the Court Administrator. Any motions pertaining to cases assigned to a specific judge shall be heard by that judge and such motion hearings shall be scheduled through the Court Administrator, unless such judge is the Motion Judge, in which event the motions shall be heard on the civil motion docket. 1. The civil motion docket and guardianship docket shall be held on Friday. All civil motions (other than family and guardianships) and motions for revision shall be heard on the civil docket. 2. The family law docket, other than paternity, modification of final child support orders and contempt of final child support order cases, shall be heard on Friday. 3. The paternity and child support modification docket shall be heard on Wednesday. 4. The schedule for motion dockets and trial assignments shall be as Follows: Wednesday Court Commissioner 9:00 A.M. Final Dissolutions 10:00 A.M. Modification of Final Child Support Orders, Contempt of Final Child Support Orders, Paternity Motions Friday Motion Department 9:00 A.M. Ex Parte, adoptions and other confidential matters 9:30 A.M. Civil Motion Docket 11:00 A.M. Guardianship Docket Friday Court Commissioner 9:00 A.M. Family Law Motion Docket Friday Court Administrator 8:30 A.M. Trial Assignments

5. All motions shall be confirmed for argument through the Clerk's Office by 12:00 noon two court days prior to the scheduled argument. Confirmations shall be made by calling the County Clerk at (360) 740-2704. Motions not confirmed will stricken unless the parties and the Court agree otherwise.

[Adopted effective September 1, 2001; amended effective September 1, 2003; September 1, 2005; September 1, 2010; April 1, 2011; July 1, 2011; September 1, 2011]

LCR NO. 5 SERVICE AND FILING OF MOTIONS AND RESPONSES

A. Filing and Scheduling of Motions. Notwithstanding any provision of CR 6(d) to the contrary, a party filing any motion shall serve and file such motion no later than seven (7) court days prior to the date noted for argument on the motion; e.g., by Wednesday 5:00 p.m. of the preceding week for a Friday docket; by Monday 5:00 p.m. of the preceding week for a Wednesday docket. Motions requiring a longer period of notice pursuant to court rule or statute shall be filed as required by the applicable court rule or statute.

All documents supporting the motion shall be filed and served with the motion. Unless other arrangements are made with the Court Administrator, all motions shall be scheduled for the appropriate Wednesday or Friday Motion Docket and heard by the Motion Judge or by the Court Commissioner. Unless other arrangements are made with the Court Administrator, hearings on any motion shall not include live testimony and argument may be limited in time. A notice of issue or note for the motion docket identifying the nature of the motion, names of the parties, the names of the attorneys if any, and the date and time for argument on the motion shall be filed and served with the motion. The provisions of GR 14 notwithstanding, a notice of issue or note for a motion docket should be printed on pink paper. B. Response Documents Any party opposing a motion, or any part thereof shall file all original responsive documents and serve copies upon all parties no later than 12:00 noon two court days prior to the scheduled date for argument on the motion; e.g., by noon Wednesday for a Friday docket; by noon Monday for a Wednesday docket. C. Reply to Response Documents All reply documents to the response documents as provided for in part B of this rule shall be filed and served on all parties no later than 12:00 noon one court day prior to the date set for argument on the motion, e.g., by noon Thursday for a Friday docket; by noon Tuesday for a Wednesday docket. No additional documents shall be filed or served after that date and time. D. Bench Copies Bench copies of all motions, memoranda, responses and or replies, and all documents supporting such motions, responses or replies shall be delivered to the Judge or Court Commissioner who is to consider the motion, on the day they are filed. The name of the Judge or Court Commissioner and the date of the hearing for the matter shall be designated on the bench copies. E. Affidavits and Declarations. Affidavits and declarations in support of or in opposition to any motion or part thereof shall be made only on personal knowledge, shall set forth only such facts as would be admissible in evidence, and shall show affirmatively that the affiant or declarant is competent to testify to the specific matters set forth therein. Argument, comment, and nonexpert opinion shall be excluded from affidavits and declarations. F. Hearing on short notice. All orders shortening time shall include a provision for a service deadline upon the other party or parties. G. Terms Terms and sanctions may be imposed for failure to comply with this rule, including the striking of any documents filed in violation this rule.

[Amended effective September 1, 2003]

LCR NO. 7 PLEADINGS ALLOWED; FORM OF MOTIONS

A. Motions and other papers 1. How Made Reapplication for order. When an order has been applied for and refused in whole or in part (unless without prejudice), or has been granted conditionally and the condition has not been performed, the same application for an order shall not be presented to another Judge or Commissioner. If a subsequent application is made upon a different statement of facts or law, it shall be shown by affidavit or certified statement what application was made, when and to what Judge or Commissioner, what order or decision was made thereon; and what new facts or law are claimed to be shown. Failure to comply with this requirement shall, at the request of an opposing party or counsel, result in any order thus obtained being set aside and terms assessed against the counsel or party obtaining the order.

2. Form All motions and responses or replies thereto shall be in writing, shall be typewritten, or hand printed and shall be presented on paper 8-1/2 by 11 inches in size, on paper containing a vertical line of numbers at the left margin, and shall be double spaced. No pleadings shall be filed or presented which are hand written in cursive form, unless a typed or hand printed version of such pleading is attached to such pleading. The court shall not consider any hand written or cursive pleading without such a typed or hand printed version attached, for any purpose.

3. Required Provisions in Orders Mandating Personal Appearance In all proceedings wherein an order is to be issued requiring or mandating the personal attendance of a person or a party in open court, the order shall include the following words in capital letters: YOUR FAILURE TO APPEAR AS ABOVE SET FORTH AT THE TIME, DATE AND PLACE STATED MAY CAUSE THE COURT TO ISSUE A BENCH WARRANT FOR YOUR APPREHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE MATTER CAN BE HEARD OR UNTIL BAIL IS POSTED. No bench warrant shall be issued in such cases for the apprehension of the cited person if such language has been omitted.

4. Failure to Appear If the party noting a motion fails to appear for the scheduled hearing, and the opposing party appears, the motion shall be denied or stricken. If the moving party appears and the opposing party does not appear the requested relief shall be granted, if warranted. If neither the moving nor the responding party appears, the motion shall be stricken.

5. Motions For Reconsideration

A. Motions for reconsideration of rulings and all pleadings and documents in support thereof, must be filed and served on opposing counsel, or the opposing party, if unrepresented, and a copy delivered to the Judge or Commissioner making the ruling, within ten (10) days after entry of the judgment or order. Such pleadings shall set forth specific grounds for the reconsideration, and the arguments and authorities in support thereof. B. The opposing party may, within ten (10) days after receipt of the motion, file and serve on the moving party, and the Judge or Commissioner making the ruling, pleadings and documents in opposition. C. Each party shall prepare and include in the materials submitted, a proposed order sustaining their respective position on such motion. D. Oral argument on a motion for reconsideration shall be scheduled only if so ordered by the Judge or Commissioner to whom the motion is submitted. In no case shall a motion for reconsideration be noted for hearing on the motion calendar unless ordered by the Judge or Commissioner to whom the matter has been submitted. Twenty days after a motion for reconsideration has been submitted and served upon the parties or their counsel as provided for in this rule, and no ruling has been made, either party may submit to the Judge or Commissioner a certification that the matter is ready for a ruling on the motion for reconsideration. B. Filing of Documents 1. Filing: Case Numbers Except in consolidated cases, no documents shall be filed with more than one case number, unless sufficient copies are simultaneously provided for each case. Where there are multiple case numbers and no copies provided, the clerk shall place the documents only in the first case number designated.

(effective September 1, 2001)

LCR 10 FAMILY LAW MOTIONS PAGE LIMITATION

(A) Generally. Absent prior approval from the court as set forth in (G), all declarations and affidavits from a party, and any non-expert witnesses, in support of a motion, including any reply, shall be limited to a sum total of twenty (20) pages. All declarations and affidavits submitted in response to a motion shall be limited to a sum total of twenty (20) pages. (B) Application. This rule shall apply to all family law, paternity, and non- parental custody motions. No portion of this rule shall be construed to permit multiple motions noted for the same day and docket to avoid the page limit. (C) Exhibits. Exhibits that consist of declaration or affidavits shall count toward the above page limits. If parties and attorneys quote only the relevant parts of the emails, journals or depositions in a declaration, and attach the full version of the email, journal or deposition as an exhibit for context, the full version of the email, journal or deposition will not count against the page limit, if labeled as such for that limited purpose. All other exhibits attached to a declaration or affidavit shall be counted toward the page limit. (D) Financial Declarations. Financial declarations and financial documents shall not count toward the page limit. (E) Expert Report and Evaluations. Declarations, affidavits, or reports from Guardian Ad Litems and expert witnesses shall not count toward the page limit. (F) Miscellaneous Exceptions. Copies of declarations or affidavits previously filed in a motion previously ruled upon and supplied solely as a convenience to the court in lieu of the court file shall not count toward the page limit. (G) Authorization. Upon motion of a party and for good cause shown, a party may seek authorization to exceed the page limit may do so on the ex parte calendar without notice to opposing counsel or a self-represented party.

[Adopted effective September 1, 2010.]

LCR NO. 14 USE OF COLORED PAPER

(rescinded effective 9/1/17)

LCR 60(a) OMISSION OF LAW ENFORCEMENT INFORMATION FORM IN CASE TYPES 2, 3, AND 5 (1) When Law Enforcement Information Form Required. In type 2, 3 and 5 cases, a party seeking the issuance of a protection or antiharassment order under chapter 26.50 RCW or chapter 10.14 RCW must fill out a Law Enforcement Information (LEI) Form and submit it to the Court. The Court shall notify the party of this rule and may decline to issue the order in the absence of the LEI Form. (2) Procedure When Form Omitted. The absence of a required LEI Form is an oversight that shall be corrected in the manner specified herein: (a) Attorney Procedure. A clerk of this Court shall promptly notify the moving party's attorney that he or she must submit a completed LEI Form. If the attorney does not provide the form within one (1) judicial day, the clerk shall employ the expedited procedure in subsection (2)(c). (b) Pro Se Procedure. If the moving party is pro se, the Clerk may notify him or her or may immediately employ the expedited procedure in subsection (2)(c) without notice. (c) Expedited procedure. When authorized herein, a Court clerk shall access court records (including confidential records per GR 22(h)(1)(a)) and produce an LEI Form containing only the following: (i) For the restrained party: the name, sex, address, race, and at least one numerical identifier (birthdate, FBI number, social security number, or driver's license number); and (ii) For the protected party: the name, address, and either birthdate or social security number; (3) Fee for Expedited Procedure. If a clerk employs the expedited procedure in subsection (2)(c), it shall charge the notified person a fee of fifty (50) dollars. See RCW 36.18.016(24). Persons who were not notified may not be charged. Any person so charged may apply to the Court for waiver of the fee on grounds of hardship or good cause for the failure to supply the LEI Form in a timely manner. (4) No Blank Entries. If, when filling out an LEI Form, a party or clerk does not know and cannot practically obtain information required therein, the party or clerk shall write "Unknown" in the blank.

[Adopted effective September 1, 2016]

LCR 79 BOOKS AND RECORDS KEPT BY CLERK

(1) Rejection of Unsuitable Materials. (A) Original court record. Whenever there is presented to the clerk for filing in a cause, any paper or other material that is deemed by the clerk to be improper or inappropriate for filing, the clerk shall affix his/her file mark thereto and may forthwith orally apply to the court for a determination of the propriety of filing the material presented. If the court determines the paper or materials should not be made a part of the original court file, an order shall be entered to that effect and the material shall be retained by the clerk as an exhibit in the cause. The court may order that the unsuitable material be sealed, in which event it shall be available for inspection only by order of the court, except to the parties or their attorneys of record. (B) Materials filed not evidence unless ordered. Exhibits filed pursuant to subsection (A) hereof shall not be evidence in the cause unless by order of the trial judge entered on notice and hearing.

[Adopted effective September 1, 2015]

LRGAL 1.1 Guardian ad Litem Complaint Review Committee

There shall be a complaint review committee (hereinafter referred to as the “Committee”), consisting of a Superior Court Judge, as designated by the Presiding Judge, the Superior Court Administrator, and a representative of the Lewis County Bar Association designated by it’s President, to administer complaints about guardians ad litems involved in Title 11, 13 and 26 RCW.

[Adopted September 1, 2002]

LRGAL 1.2 Submission of Complaints

All complaints shall be in writing, signed by at least one individual with their address and phone number, and shall be submitted to the Superior Court Administrator.

[Adopted September 1, 2002]

LRGAL 1.3 Review of Complaint

Upon receipt of a written complaint, the Superior Court Administrator shall convene the Complaint Review Committee with ten (10) business days to review the complaint. Upon review of the complaint, the Committee shall either: A. Make a finding that the complaint is with regard to a case then pending in the court and decline to review the complaint and so inform the complainant. In such instances the Committee shall advise the complainant that the complaint may only be addressed in the context of the case at bar, either by seeking the removal of the guardian ad litem or by contesting the information or recommendation contained in the guardian ad litem’s report or testimony. In such cases the Committee and its members shall perform its role in such a manner as to assure that the trial judge or court commissioner remains uninformed as to the complaint; or B. Make a finding that the complaint has no merit on it’s face, and decline to review it and so inform the complaining party; or C. Make a finding that the complaint does appear to have merit and request a written response from the guardian ad litem within ten (10) business day, detailing the specific issues in the complaint to which the committee desires a response. The Committee shall provide the guardian ad litem with a copy of the original complaint. A guardian ad litem’s failure to respond within the required ten (10) business days shall result in the immediate suspension of the guardian ad litem from all registries. In considering whether the complaint has merit, the Committee shall consider whether the complaint alleges the guardian ad litem has: 1. Violated the Rules of Professional Conduct; 2. Misrepresented his or her qualifications to serve as a guardian ad litem; 3. Not met the annual training requirements set forth in the Registry requirements; 4. Breached the confidentiality of the parties; 5. Falsified information in a report to the Court or in testimony before the Court; 6. Failed to report abuse of a child; 7. Communicated with the a judge/commissioner ex-parte, except as allowed by (such as an emergency restraining order); 8. Purported to represent the Court in a public form without prior approval of the Presiding Judge; 9. Violated state or local laws, rules, or this policy in the person’s capacity as guardian ad litem; 10. Taken or failed to take any other action which would reasonably place the suitability of the person to serve as guardian ad litem in question; 11. Failed to keep information confidential from non- parties or disclosed protected information to a party; 12. Intentionally lied or presented information in a false light to the Court, another party or a third party; 13. Failed to report abuse of a child as required by RCW 26.44; 14. Talked about a case for which the guardian ad litem was appointed to the media or public without the permission of all parties and/or the Court

[Adopted September 1, 2002]

LRGAL 1.4 Response and Findings

Upon receipt of a written response to a complaint from the guardian ad litem, the Complaint Review Committee shall, within ten (10) business days, make a finding s to each of the issues delineated in the Committee’s written request to the guardian ad litem that based on the response, there is either no merit to the issue, or that there is merit to the issue. In any case where the Committee finds that there is merit to an issue, the Committee may conduct further investigation, including the examination of witnesses, documents, and such other evidence as the Committee may, in the exercise of their discretion chose to examine. The Committee may extend the time for entering findings of fact during such examination, provided however, that no such extension shall exceed thirty (30) days, beyond the date the Committee determines that there is merit to any issue.

[Adopted September 1, 2002]

LRGAL 1.5 Confidentiality

A. A complaint shall be deemed confidential for all purposes unless the Committee has determined that it has merit under LCRGAL 1.3 C. B. Any record of complaints filed which are not deemed by the committee to have merit shall be confidential and shall not be disclosed except by court order.

[Adopted September 1, 2002]

LRGAL 1.6 Complaint Processing Time Standards

A. Complaint shall be resolved within twenty five (25) days of the date of receipt of the written complaint if a case is pending. B. Complaints shall be resolved within sixty (60) days of the date or receipt of the written complaint if the complaint is filed subsequent to the conclusion of the case. C. The complaint and the guardian ad litem shall be notified in writing of the Committee’s decision within ten (10) business days of the entry of the Committee’s findings and decision being signed. D. Complaints filed under this rule must be filed within three(3) years from the date of the occurrence of the matters complained of. The Committee shall find complaints filed after this time not to have cause to proceed. This limitation applies to all complaints, whether filed during the pendency or after the conclusion of a case.

[Adopted September 1, 2002]

LRGAL 1.7 Sanctions

The Committee shall have the authority to issue a written admonishment, a written reprimand, refer the guardian ad litem to additional testing, recommend to the Presiding Judge that the Court, on it’s own motion, remove the guardian ad litem from the instant case, or suspend or remove the guardian ad litem from the registry. In considering a response, the Committee shall take into consideration any prior complaints which resulted in an admonishment, reprimand, referral to training, removal of the guardian ad litem from a particular case, or suspension or removal from a registry. If a guardian ad litem is listed on more than one registry, at the discretion of the Committee, the suspension or removal may apply to each registry on which the guardian ad litem is listed. When a guardian ad litem is removed from a registry pursuant to the disposition of a grievance, the Court shall send notice of such removal to the Administrator of the Courts.

[Adopted September 1, 2002]

LRGAL 1.8 Request for Reconsideration by Guardian ad Litem

A guardian ad litem may, within five (5) business days of receipt of notification that he or she have been suspended or removed from a registry, request a hearing to review the Committee’s decision. The Presiding Judge shall designate a hearing officer, to preside over and conduct such review. The sole purpose of the review shall be to review the appropriateness of the suspension or removal from the registry. The hearing officer shall review the written record of the instant case and any prior complaints upon which the Committee relied and hear oral argument from the guardian ad litem and a representative of the Committee. Said hearing shall be conducted within twenty (20) days of receipt of a request for the hearing.

[Adopted September 1, 2002]

LRGAL 1.9 Maintaining Records of Grievances

The Superior Court Administrator shall maintain a record of grievances filed and of any sanctions issued pursuant to the grievance procedure.

[Adopted September 1, 2002]

LRGAL 2.1 GENERAL POLICY

Any individual desiring to serve as a Guardian ad Litem (GAL) in any matter pertaining to Adoptions, Family Law matters, Probates and Trusts, must be listed on the Guardian ad Litem (GAL) Registry maintained by the Lewis County Superior Court Administrator. A separate registry shall maintained by the Lewis County Juvenile Court Administrator for Title 13 GALS and Volunteer GALS, the program administered by the Juvenile Court. The Court Administrator shall maintain and administer the GAL registries as provided herein and shall maintain application forms and background information records pertaining to each person applying to be listed on Title 11 and 26 registries. Persons listed on any registries shall reapply and provide additional background information annually by January 31. All application and background information, with the exception of personal identifying information in family law cases and pending complaints shall be available for public inspection. Persons shall be selected to serve on each registry at the discretion of the Court, giving due consideration to: (1) having a sufficient number of GALS available to fulfill the requests of litigants for appointments: (2) achieving and maintaining diversity; and (3) retaining panels of persons with substantial experience and special knowledge with each given field. In the event that more qualified applicants apply than may be needed or would benefit any of the separate programs, all applicants may not be selected for the registry. The Court shall periodically sponsor or approve training programs which registry applicants shall be required to attend to maintain and improve their level of proficiency. Training programs may be cosponsored or offered by the State or County Bar Associations under the oversight of the Court or offered or sponsored by other counties under the oversight of their courts. Each registry may be constituted periodically after an open application period has been publicly announced. The Court may allow additional applicants to be added to any registry periodically. The Court Administrator may impose an application processing fee and may charge a fee for any and all training programs.

[Adopted September 1, 2002]

LRGAL 2.2 Specific Registry Requirements

A. Adoption Registry Education and Experience Requirements: a. Attorneys 1) Member of the Washington State Bar Association in good standing; and 2) Two years of experience in the practice of law including at least three (3) completed adoptions. b. Non Attorneys 1) Bachelor level degree in any of the following fields: social work, psychology, counseling, nursing, medicine, or equivalent field or equivalent work or personal experience in the areas of child, adolescent or family counseling or casework; or 2) Certified by the State of Washington as a social worker, mental health therapist or marriage and family counselor, or licensed as a psychologist, nurse, or physician in good standing; B. Guardianship Registry Education and Experience Requirements a. Attorneys 1) Member of the Washington State Bar Association in good standing; and 2) Minimum two years of practice of law. b. Non Attorneys 1) Five years experience in the following: Needs of the impaired, elderly people, physical disabilities, mental illness, developmental disabilities, and/or other areas relevant to the needs of incapacitated persons; and 2) For initial placement on the registry, completion of any training required by RCW 11.88.090 as amended. C. Family Law Registry Education and Experience Requirements a. Attorneys 1) Member of the Washington State Bar Association in good standing; and 2) Two years of experience in the practice of law including a minimum of 10 completed dependency and/or dissolution cases with children to include post- resolution custody modifications; or 3) Meet the requirements C (b) 1) or 2) below. b. Non Attorneys 1) Bachelor level degree in any of the following fields: social work, psychology, counseling, nursing, medicine or equivalent field or equivalent work or personal experience in the areas of child, adolescent, or family counseling or casework; or 2) Certified by the State of Washington as a social worker, mental health therapist, or marriage and family counselor, or licensed as a psychologist, nurse, physician in good standing; or 3) Such other educational or employment experience that is acceptable to the court. c. Parentage Cases/Out of State Guardian ad Litem In RCW 26.26 actions, a relative of the minor mother or father may be appointed who has complied with the requirements of RCW 26.12.175 and who is otherwise suitable. In RCW 26.33 actions involving the need for an out-of-state GAL, a non-registry GAL may be appointed so long as the appointed GAL complies with the requirements of RCW 26.12. D. Training 1. For initial placement on the registries, all guardians shall Complete all training and continued training that is required by statute, State or County court rules. E. Appointments 1. Guardianships: Any person listed on the registry may be agreed to by the parties or a party may serve a written request upon the Superior Court Administrator's office, who shall appoint a GAL whose name next appears on the registry on a rotational basis in accordance with RCW 11.88.090(3)(a) subject to that person's acceptance of the appointment. 2. Family Law: Absent a joint recommendation from the parties of a person listed on the family law registry who has been approved by the Court, the 3. GAL shall be appointed pursuant to RCW 26.12.177(2)(b). 4. Adoptions: Any person listed on the adoption registry may be appointed upon stipulation of the parties and the agreement of the GAL to accept the case. Absent an agreement, the Court Administrator shall select the name of a GAL from the registry on a rotational basis, which GAL shall be appointed by the Court, subject to the GAL's agreement to accept the case. F. Application Each person requesting to be listed on any Guardian ad Litem registry shall annually submit an application on the current form provided by the Court and maintained by the Court Administrator.

[Adopted effective September 1, 2002; Amended effective September 1, 2010]

LCGAL 2.4 Retention on Registries

1. Persons on the registries shall promptly inform the Court of any temporary unavailability to serve, or their intent to resign from the registry. 2. A person shall remain on the registry unless the person fails to maintain a current application with attachments or the person is removed or suspended because of the grievance procedure. 3. A person may be denied listing on, or may be temporarily suspended from the registry for any reason that places the suitability of the person to act as a GAL in question. 4. A GAL who ceases to be on the registry and who still has active or incomplete cases shall immediately report this circumstance to the Superior Court Administrator, who shall reassign such cases. 5. A person’s retention on the registry shall be review upon the Court’s receipt of a complaint regarding performance in office or the Court’s receipt of adverse information regarding the suitability of a person serve as a GAL. Complaints shall be reviewed in accordance with the grievance procedure.

[Adopted September 1, 2002]

LMMR 1. CHILD CUSTODY PROCEEDING DEFINED

For purposes of this rule, a child custody proceeding shall be defined as any proceeding before the court in which custody or visitation is contested, except Juvenile Court dependency proceedings.

[Adopted effective September 1, 2003]

LMMR 2. FAMILY COURT SERVICES DEFINED

Family Court Services is defined as the agency under contract with the Board of County Commissioners to provide family court services.

[Adopted effective April 1, 1995.]

LMMR 3. MEDIATION REQUIRED

Unless prohibited by law, all custody or visitation disputes shall be submitted to mandatory mediation before proceeding to trial. The mediation requirement may be waived by the Court for good cause shown. A motion for waiver shall be noted before the Court Commissioner. An Order Waiving Mediation shall be filed with the Court prior to the case being set for trial.

[Adopted effective September 1, 2003]

LMMR 4. CONTINUING SUPERIOR COURT JURISDICTION

The requirement of mediation shall not prevent the Court or Court Commissioner from entering temporary orders.

[Adopted effective April 1, 1995.]

LMMR 4.2 DISCOVERY

In determining when additional discovery beyond that directly authorized by MAR 4.2 is reasonably necessary, the arbitrator shall balance the benefits of discovery against the burdens and expenses. The arbitrator shall consider the nature and complexity of the case, the amount in controversy, values at stake, the discovery that has already occurred, the burdens on the party from whom discovery is sought, and the possibility of unfair surprise which may result if discovery is restricted. Authorized discovery shall be conducted in accordance with the Civil Rules except that motions concerning discovery shall be determined by the arbitrator.

[Adopted effective November 6, 1992]

LMMR 5. NOTING FOR MEDIATION AND TRIAL SETTING

Upon the filing of a Response to the Petition which contests child custody or visitation, making the proceeding subject to these rules, the Petitioner shall immediately note the proceeding for mandatory mediation and trial setting on forms prescribed by the Court. The form for mandatory mediation shall be entitled “Order to Transfer to Mandatory Mediation”, shall be substantially in the form in Appendix A to these rules, and shall be signed by the attorney for each party and each party appearing pro se prior to presentation to the Court for approval. The form for trial setting shall be the standard Notice of Issue available in the Lewis County Clerk’s Office. The refusal by an attorney or pro se party to sign the Order to Transfer to Mediation shall not delay a transfer to Family Court Services or trial setting. Such refusal to sign shall be noted on the Order to Transfer to Mandatory Mediation.

[Adopted effective September 1, 2003]

LMMR 6. APPOINTMENT OF MEDIATOR

(1) A list of Family Court Services mediators shall be available upon request. If the parties reach an agreement as to the mediator, the stipulation shall be noted on the Order to Transfer to Family Court Services for Mediation. In the absence of a stipulation the court will appoint the mediator. (2) The appointment of a mediator is subject to the right of that person to refuse to serve. A mediator shall provide prompt notification if refusing to serve. Refusal to serve shall be based upon any grounds of interest, relationship, bias or prejudice set forth in CJC Canon 3(C) governing disqualification of judges. (3) Notice of Appointment shall be mailed to each counsel or party. Mediation shall commence within three (3) weeks from the date of appointment unless otherwise agreed to by the parties and the mediator, and shall be completed within forty-five (45) days of the appointment of the mediator.

[Adopted effective April 1, 1995.]

LMMR 7. AUTHORITY OF MEDIATOR

Family Court Services shall determine the time and place of mediation. In appropriate cases, the mediator shall determine the duration of mediation and have the authority to terminate the mediation prior to completion.

[Adopted effective April 1, 1995.]

LMMR 8. ATTENDANCE

Mediation sessions shall normally include the parties only, but may, by agreement of the parties, include other persons. Attendance at mediation sessions is mandatory.

[Adopted effective April 1, 1995.]

LMMR 9. DECLARATION OF COMPLETION

Within seven (7) days of completion, a Certificate of Mediation Completion shall be filed by the mediator. Counsel and the parties shall be advised by the mediator, on a separate document attached to the Certificate of Mediation Completion, of the results and recommendations of the mediator.

[Adopted effective April 1, 1995.]

LMMR 10. PAYMENT

Family Court Services shall be paid equally by the parties, unless either or both parties are declared to be indigent or partially indigent. Financial declarations shall be executed by each party and a Court determination of the financial status shall be made prior to the commencement of mediation for consideration of indigency. Judgment for reimbursement of mediation fees to Lewis County may be entered in the discretion of the Court.

[Adopted effective April 1, 1995. Amended effective September 1, 2003.]

LMMR 11. MEDIATION UNSUCCESSFUL

If the parties fail to reach an agreement in mediation, an investigation may be ordered. The investigator shall not be the same person who mediated the case. Upon completion of the investigation, written recommendations shall be filed with the court.

[Adopted effective April 1, 1995.]

LMMR 12. CONFIDENTIALITY

The work product of the mediator and all communications during mediation shall be privileged and not subject to compulsory disclosure. The mediator shall not appear or testify in any court proceedings.

[Adopted effective April 1, 1995.]

LMAR 1.1 APPLICATION OF RULES- PURPOSE AND DEFINITIIONS

(a) Purpose. The purpose of mandatory arbitration of civil actions under RCW 7.06 as implemented by the Mandatory Arbitration rules is to provide a simplified and economical procedure for obtaining the prompt and equitable resolution of disputes involving claims of $100,000.00 or less. Claims in which the sole relief sought is the establishment, modification or termination of maintenance or child support payments shall not be subject to mandatory arbitration unless stipulated to in writing by the parties or otherwise ordered by the court. The Mandatory Arbitration rules as supplemented by these local rules are not designed to address every question, which may arise during the arbitration process, and the rules give considerable discretion to the arbitrator. The arbitrator should not hesitate to exercise that discretion. Arbitration hearings should be informal and expeditious, consistent with the purpose of the statutes and rules. (b) Administration. The arbitration department shall consist of the Court Administrator or Assistant Court Administrator, or such other person designated by the Superior Court Judges. The arbitration department shall supervise arbitration under these rules and perform any additional duties, which may be delegated. [Adopted effective November 6, 1992; Amended effective October 1, 1994, amended effective September 1, 2007; Amended effective September 1, 2017; Amended effective September 1, 2018]

LMAR 1.3 RELATIONSHIP TO SUPERIOR COURT JURISDICTION AND OTHER RULES-MOTIONS

All motions before the court relating to mandatory arbitration shall be noted on the civil motions calendar except as otherwise provided in these arbitration rules.

[Adopted effective November 6, 1992.]

LMAR 2.1 TRANSFER TO ARBITRATION (a) Statement of Arbitrability. In every civil case the party filing the note for trial assignment shall upon the form provided by the court, complete a statement of arbitrability, and serve it upon opposing counsel or party, if not represented by counsel. Prior to the trial-setting date, any party disagreeing with the statement of arbitrability or willing to stipulate to arbitration shall serve and file a response to the statement or arbitrability as filed, upon the form prescribed by the court. In the absence of such a response, the statement of arbitrability shall be deemed correct, and the case shall be set for arbitration. Cases transferred to the arbitration calendar shall be stricken from the trial calendar. Unless otherwise ordered by the court, no trial date shall be assigned in cases, which are subject to arbitration. If a party asserts that it's claim exceeds $100,000.00, or seeks relief other than a money judgment, the case is not subject to arbitration, except by stipulation. (b) Failure to file-amendments. A party failing to serve and file an original response within the time prescribed may do so later only upon leave of court. A party may amend the statement of arbitrability or response thereto at any time prior to assignment of an arbitrator or assignment of a trial date and thereafter only by leave of court for good cause shown. [Adopted effective November 6, 1992, amended effective September 1, 2007; Amended effective September 1, 2018]

VI. AWARD LMAR 6.1 FORM AND CONTENT OF AWARD

(a) Form. The award shall be prepared on the form prescribed by the court. (b) Return of Exhibits. When an award is filed, the arbitrator shall return all exhibits to the parties who offered them during the hearing. [Adopted effective November 6, 1992.]

VII. GENERAL PROVISIONS LMAR 8.1 STIPULATIONS-EFFECT ON RELIEF GRANTED

If a case not otherwise subject to mandatory arbitration is transferred to arbitration by stipulation and order of the court, the arbitrator may grant any relief which could have been granted if the case were determined by a judge.

[Adopted effective November 6, 1992.]

LMAR 8.4 TITLE AND CITATION

These rules are known and cited as the Lewis County Superior Court Mandatory Arbitration Rules. LMAR is the official abbreviation.

[Adopted effective November 6, 1992.]

LMAR 8.6 COMPENSATION OF ARBITRATOR

(a) Generally. Arbitrators shall be compensated in the same amount and manner as judges pro tempore of the Superior Court; provided, however, that said compensation shall not exceed $500.00 for any case unless prior approval is granted by the Presiding Judge. The Presiding Judge shall determine the amount of compensation to be paid. No county payment shall be made unless and until funding is provided by the Lewis County Commissioners.

[Adopted effective November 6, 1992.]

LMPSR 1.1 PARENTING SEMINARS A. The parents, petitioners, and respondents shall complete a parenting seminar approved by the Court in all cases filed under RCW Chapters 26.09, 26.10, and 26.26, which require a parenting or residential plan or custody order for minor children, including marital dissolutions, legal separations, paternity residential plans, non-parent custody actions, any action where one or both of the parties is under the age of eighteen (18) years, and any action in which the Court makes a discretionary finding that a parenting seminar would be in the best interest of the children. The Court may also order additional persons involved in the parenting of the minor children to attend the parenting seminar. B. Major Modifications of Parenting/Residential Plans or Custody Orders: All parents, petitioners, and respondents involved in a major modification of a parenting or residential plan or custody order need to have attended the parenting seminar at least once since the original case was filed before the court will enter modified parenting or residential plans or custody orders. A copy of the attendance certificate shall be filed with the Clerk of the Court.

[Adopted effective September 1, 1995; Amended effective September 1, 2007]

LMPSR 2.1 TIME OF ATTENDANCE

All parties required by this rule to participate in a parenting seminar shall complete a Court approved seminar within sixty (60) days of filing of the action if the party is the Petitioner, or sixty (60) days of filing an appearance or a response, whichever is first, if the party is the Respondent. In paternity actions wherein the State of Washington is the Petitioner, attendance shall be required within sixty (60) days after paternity has been established and a parenting plan has been requested. In all cases in which attendance is ordered by the Court and not mandated by this rule, the parenting seminar shall be completed within sixty (60) days of the date of the court order being entered.

(Adopted effective September 1, 1995)

LMPSR 2.2 CERTIFICATION OF COMPLETION

Successful completion of the seminar shall be evidenced by a certificate of attendance provided by the person or agency providing the seminar and filed with the Court.

(Adopted effective September 1, 1995)

LMPSR 3.1 FEES

Every party attending a parenting seminar shall pay the fee charged by the Court approved provider. The provider may waive the fee for an indigent party.

(Adopted effective September 1, 1995)

LMPSR 4.1 SPECIAL CONSIDERATION/WAIVER

A. In no case shall opposing parties be required to attend a parenting seminar together. B. Upon a showing of domestic violence or abuse which would not require mutual decision making pursuant to RCW 26.09.191(1), or upon a showing that a parent's attendance at a seminar is not in the children's best interest pursuant to RCW Chapter 26.12, the Court shall either (1) waive the requirement of completion of the seminar, or (2) allow participation in an alternative voluntary parenting seminar for battered spouses. C. The Court may waiver the seminar requirement for good cause shown.

(Adopted effective September 1, 1995)

LMPSR 5.1 FAILURE TO COMPLY/SANCTIONS Willful failure to participate or willful delay in completion of a parenting seminar by any party may constitute contempt of Court and 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 these rules. Nonparticipation or default by one party does not excuse participation by any other party. Refusal, delay or default by a Respondent will not delay the action. Petitioner's refusal or delay shall prevent the case from being set for trial or the entry of any final order concerning a parenting/residential plan or custody order, except in cases where there is a co-petitioner or counter petitioner who is in full compliance. Other than one motion made by either party for temporary orders that is filed within sixty (60) days of the filing of a petition requesting a parenting plan, residential plan or custody order, neither Petitioner nor Respondent shall be allowed to continue to seek affirmative relief in the pending action or any subsequent action between the same parties until the seminar has been successfully completed and a copy of the attendance certificate is filed with the Clerk of the Court. Agreement by the parties as to a final order on a parenting plan, residential plan, or custody order shall not excuse participation in the seminars by both parties. The Court may waive the seminar requirement for good cause shown.

[Adopted effective September 1, 1995; Amended effective September 1, 2007]

LMPSR 6.1 STANDARDS

Standards for parenting seminars shall be established by the Court and all providers shall be approved by the Court.

(Adopted effective September 1, 1995)

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.]

LSPR 98.05 GUARDIANSHIP ORDERS AND REPORTS

(a) Appointment of Guardian. The initial Order of Appointment of a Guardian shall clearly specify the due date for filing the Inventory, Budget, Personal Care Plan and the first Annual Report, and shall schedule the hearing for approval of the Inventory, Budget, and Personal Care Plan in conformity with subsection (d) at the top of the Order in substantially the following form:

Due Date for Inventory, Budget & Personal Care Plan:______Court Hearing for Review for Inventory, Budget & Care Plan ______, 20_____ at 11:00 a.m. Reporting Period for Annual Report: ______, 20_____ to ______, 20____ Due Date for First Annual Report: ______, 20_____ Court Hearing for Annual Review:______, 20_____ at 11:00 a.m.

The Order of Appointment shall contain the language "CLERK'S ACTION REQUIRED" in the caption beneath the case number on the first page of the order. (b) Voting Rights. Pursuant to RCW 11.88.010(5), all orders of appointment of guardian shall address whether the alleged incapacitated person retains capacity to meaningfully excise the right to vote. If the incapacitated person's capacity deteriorates after appointment of a guardian, such that the capacity to exercise the right to vote is in question, this issue may be raised by motion at any time. (c) Proof of Security. Within five (5) days of securing a required bond or of blocking withdrawals from an account, proof of the same shall be filed with the court. (d) Inventory, Budget and Personal Care Plan (1) Due Dates. The Inventory, Budget and Personal Care Plan for an incapacitated person shall be filed within 90 days from the date of appointment of a Guardian. (2) Court Hearing. A hearing for the Court to review the Inventory, Budget and Personal Care Plan shall be scheduled to occur within 14 days after the due date of the reports. At this hearing, the Court shall determine whether any required bond has been posted or accounts blocked, and review whether a bond or blocked account is required. If, after review, the Court finds the reports acceptable, the Court shall enter an order approving the inventory and care plan, and authorizing expenditures in accordance with the budget. (e) Annual Reports (1) Reporting Period and Due Date. The Guardian shall file an Annual Report on behalf of the incapacitated person annually, unless other intervals are approved in advance by the Court. Unless modified by court order, the reporting period for each annual report shall be determined from the date of appointment of the Guardian. Each annual report shall be filed within 90 days after the ending date of the reporting period. (2) Report Summary. Each annual report shall begin with a Summary of Annual Report substantially in the form included in the Appendix to these Rules. The Summary shall clearly identify the reporting period covered by the report and the due date for filing the next annual report. (3) Court Hearing. A hearing for the Court to review the first annual report shall be scheduled to occur within 14 days after the due date of the report. At this hearing the Court shall review whether required bonds are in place, accounts are blocked, or whether such security should be required. If, after review, the court is satisfied the actions of the guardian have been proper, the court shall enter an order approving the report. This same procedure shall be followed for annual reports following the first annual report unless waived by the court. (4) Order Approving Report. The guardian shall prepare and present any order approving report. The order approving an annual report shall identify the due date for the next report and the reporting period to be covered by that report in substantially the following form:

Reporting Period for Next Report: ______, 20_____ to ______, 20_____ Due Date for Next Report:______, 20_____ Court Hearing for Annual Review:______, 20_____ at 11:00 a.m.

The Order Approving Report shall contain the language "CLERK'S ACTION REQUIRED" in the caption beneath the case number on the first page of the order. (f) Review Hearings (1) Delinquency. In the event an initial, annual, or tri-annual report has not been timely filed or scheduled for Court review as required by this rule, the Court may issue to the Guardian an Order to Show Cause to compel the filing of the report or appearance at a hearing to review the report. (2) Hearing Schedule. Review hearings shall be scheduled on the Friday guardianship calendar. (3) Sanctions. At the review hearing, the court may approve filed reports, compel reports to be filed, impose sanctions, and take other action as necessary to protect the interests of the incapacitated person, including initiating the process for appointing a new guardian.

[Adopted effective September 1, 2010.]

GUARDIANSHIP SUMMARY FOR ANNUAL REPORT The contents of this item are only available on-line.

APPENDIX A ORDER TO TRANSFER TO MANDATORY MEDIATION (ORTF) The contents of this item are only available on-line.

LINCOLN COUNTY SUPERIOR COURT LOCAL COURT RULES TABLE OF RULES

Preface Courtroom Safety

Local Civil Rules (LCR) LCR 7. Pleadings and Motions LCR 16. Pretrial Procedures and Formulating Issues LCR 39. Trial by Jury or by the Court LCR 40. Assignment of Cases LCR 41. Dismissal of Actions LCR 43. Taking of Testimony LCR 49. Verdicts LCR 52. Decisions, Findings, and Conclusions LCR 59. New Trial, Reconsideration, and Amendment of Judgments LCR 77. Superior Court and Judicial Officers LCR 78. Clerks LCR 80. Court Reporters LCR 83. Local Court Rules

Local Criminal Rules (LCrR) LCrR 3.1. Right to and Assignment of Lawyer LCrR 3.2 Release of Accused LCrR 4.5 Omnibus Hearing

Exhibits EXHIBIT A Order for Pre-trial Conference EXHIBIT B Pre-trial Order EXHIBIT C Asset and Liability List EXHIBIT D Indigency Screening Form

Preface

1. Promulgation. These rules shall be known as the Local Rules for the Superior Court of the State of Washington for the County of Lincoln. Copies of these rules will be filed with the Clerk for Lincoln County and will be distributed to all law offices in Lincoln County. Additional copies will be available at the office of the Clerk for Lincoln County. These rules shall be effective September 1, 2014 and supersede all prior rules of the court. 2. Numbering. Consistent with CR 83(a), Washington Court Rules, these rules conform in numbering system and format to those rules and facilitate the use of both. The number of each rule is preceded by the abbreviation "LCR" or "LCrR" designating the rules as local to this court and supplemental to the corresponding Washington Court.

Courtroom Safety

No person, (except for duly and regularly commissioned law enforcement officers of the State of Washington, of other state and the federal government of the United States of America not appearing on their own family law matter) shall be on the 2nd floor of the Lincoln County courthouse (exclusive of the north side staircase) while armed with ANY firearm or taser or explosive device or any knife having a blade length of more than three inches or any Billy club, blackjack, truncheon or bat, nor shall any such person be in any of the aforementioned areas while possessing any gas gun or other device used for the spraying of tear gas, mace or other noxious chemical substance, or any incendiary device. Any person found having any of the articles or devices heretofore mentioned which are banned from the 2nd floor of the Lincoln County Courthouse is subject to having such articles or devices seized by law enforcement officers, bailiffs on court order, or as otherwise directed by the court. Any person violating this rule may be subject to punishment for contempt of court and prosecuted under RCW 9.41.300.

LCR 7. PLEADINGS AND MOTIONS

(a) Pleadings. (1) Working Copies to Judge. (A) Delivery. Bench copies of briefs, memorandum of law, affidavits, declarations, exhibits, and other legal documents requiring thorough consideration by the court shall be delivered to the judge's chambers at least two (2) days prior to the trial or hearing thereon. Any response or reply documents should be delivered twenty-four (24) hours prior to hearing. (B) Manner of Delivery. Bench copies may be delivered to chambers personally, by mail, or by electronic transmission via email attachment. (i) Electronic transmission via email attachment is the court's preferred method of receiving bench copies of documents. Such attachments shall be in Microsoft Word or Adobe Portable Documents (PDF) format or some other compatible format.

LCR 16. PRETRIAL PROCEDURE AND FORMULATING ISSUES

(c) Pre-Trial Conference. In the event a pretrial conference is required by this court or requested by any party, the conference shall be held in chambers. Any order for a pre-trial conference shall be in the form of and include the provisions as set forth in Exhibit "A" attached to this rule. The pre-trial conference shall be held not less than two weeks prior to the trial date. (d) Pre-Trial Order. If so directed by the court, a pre-trial order in the form of Exhibit "B" attached to this rule shall be prepared by counsel within ten (10) days after the conclusion of the pre-trial conference. (e) Exhibits. Parties shall notify the trial judge and the opposing party by letter if that party anticipates offering twenty-five (25) exhibits or more at the time of the trial. Said notice shall be given no less than two (2) weeks prior to the trial date.

LCR 39. TRIAL BY JURY OR BY THE COURT

(d) Trial Briefs and Required Documents. (2) Other Required Documents, Domestic Relations Matters. In addition to the above, in all contested trials in domestic relations matters, each party shall provide the opposing party and the court with the following: (i) A written pretrial information form indicating a proposed division of assets and liabilities, using the form set forth in Exhibit "C" attached to the rules. (ii) If children are involved, a proposed parenting plan and child support worksheets and supporting documents including Financial Declarations and the last two (2) years of tax returns, W-2's, and current paystubs, if applicable.

LCR 40. ASSIGNMENT OF CASES

(a) Notice of Trial-Note of Issue. (6) Requests for trial settings in civil cases will be heard on Law and Motion Day at the time they are regularly noted for setting, upon proper written notice filed with the clerk of the court. If both parties are pro se, the Court Administrator may tentatively set the date subject to review if an objection is received within 20(twenty) days of mailing of the trial date. (d) Trials. (1) Contested Dissolutions. (A) Pretrial Forms. In all final hearings or trials in domestic relations matters, each party is strongly encouraged to provide to the judge and the opposing party, a written statement as to the issues in controversy at least three (3) days prior to trial. The written statement may be in any form chosen by the party or his or her attorney to convey the following: A brief factual summary; Issues in dispute [e.g. property, debts, custody or support];

Case law, if it will be argued, supporting the party's position; Proposed distribution of assets and debts, proposed parenting plan and child support amount, if in dispute, see LCR 39(d)(2)(i) and (ii) above; Areas of agreement. (i) If one of the parties is seeking maintenance or child support, both parties shall complete a financial declaration. (ii) If the parties are in dispute as to the distribution of assets and debts, both parties shall complete Exhibit "C" as attached to these local rules. The pretrial forms shall not be filed with the clerk, but shall be given to the opposing party and judge as bench copies. (iii) Unless explained otherwise by the parties, the values shown on the pretrial form should include fair market value and assessed value of any real property, bank accounts, proposed pension, retirement, profit sharing or other deferred benefit or financial security plan, the present value of all life insurance policies and the cash surrender value, the amount of accounts receivable, inheritance due, and any trust accounts in which the party has an interest; the fair market value of all other property including collections, antiques; and in the case of motor vehicles, the average between wholesale and retail values from Kelly Blue Book or NADA or other comparable companies. (B) Enforcement. If either party fails to comply with the rules set above, the judge may order such party or his attorney to pay appropriate attorney's fees to the opponent for any additional work or delay caused by the failure to comply. If either party fails to comply, the trial date may be stricken. (C) Continuances. Stipulations or motion to continue a case already on the trial calendar must be in writing, supported by a declaration showing sufficient grounds for the requested continuance. The moving party shall present a written order for entry. (D) Dating and Mailing of Decrees and Orders. When any decree or order is filed in a dissolution matter, the attorney for the party presenting the order, or the party if the matter is presented pro se, shall promptly personally deliver to the opposing party or mail to the opposing party's last known address or to opposing counsel, if so represented, a conformed copy of the decree or order with the date of entry indicated on each copy.

LCR 41. DISMISSAL OF ACTIONS

(e) Notice of Settlements, Jury Trials. Whenever a cause has been set for trial as a jury case and a date for trial has been assigned and the matter is settled, or will not be tried by a jury, for any reason whatsoever, notice of the fact shall immediately be given to the court so that the jury panel can be dismissed. The violation of this rule may result in unnecessary jury expense, therefore the court in its discretion, may assess such additional costs for the jury called for the trial against the violating party or his or her attorney.

LCR 43. TAKING OF TESTIMONY

(a) Testimony. (3) Electronic Testimony or Evidence. When testimony or evidence is to be given via electronic means, it is the responsibility of the parties to obtain the proper equipment for viewing such testimony or evidence.

LCR 49. VERDICTS

(k) Receiving Verdict and Discharging Jury. (1) Receiving Verdict During Absence of Counsel. A party or attorney desiring to be present at the return of the verdict must remain in attendance at the courthouse or be available by telephone call. If a party or attorney fails to appear within twenty (20) minutes of the telephone notice to the attorney's office, home or other phone number, the court may proceed to take the verdict in the absence of such party or attorney. In such case, the jury shall be individually polled and the identity of any dissenting jurors recorded.

LCR 52. DECISIONS, FINDINGS, AND CONCLUSIONS

(a) Requirements. (1) Specifically Required. (D) In all non-contested matters, all orders, findings, decrees, and judgments shall have the name of the presenting counselor, pro se litigants, if not represented, and signed thereon by all parties unless a proper Joinder or waiver had previously been signed. Personal appearance for presentment shall not be necessary provided one party verifies the findings to the court. (E) In contested matters, all orders, findings, decrees, and judgments shall be approved by the attorney of record or pro se parties, if not represented, unless the same are presented for signing in open court in the presence of all counsel or pro se parties, or are signed after proper notice of presentment.

LCR 59. NEW TRIAL, RECONSIDERATION,AND AMENDMENT OF JUDGMENTS

(e) Hearing on Motion. (3) Nature of Hearing. (i) A motion for reconsideration or for a new trial shall be submitted on briefs and declarations or affidavits only, without oral arguments, unless the judge, on application from counsel or on the judge's own motion, allows oral argument. The judge will notify counsel if oral argument is to be allowed. Copies of such motion for reconsideration, note for motion calendar and responses thereto shall be delivered to the judge at the time of filing with the clerk.

LCR 77. SUPERIOR COURT AND JUDICIAL OFFICERS (k) Motion Day. (1) Law and Motion day shall be held each Tuesday commencing at 9:30 am (when necessary and at the direction of the judge, some matters may be heard at 9:00 am) except when Tuesday is a legal holiday, or when cancelled by prior order of the court. All matters requiring more than 15 minutes will need to be special set with the Court Administrator. (2) All matters to be heard on the regular Tuesday Law and Motion docket shall be scheduled with the Clerk of the Court not later than 12 noon on the preceding Tuesday. (3) The Clerk of the Court shall prepare a docket of all matters regularly scheduled and shall distribute the same to the judge, attorneys (on request), Juvenile Office and five copies to the Bailiff, who is responsible for posting the docket.

(o) Court Calendar. (1) Law and Motion matters will be heard in the following order: 9:00 am Adoptions and other matters to be heard in chambers, at the discretion of the judge, and other matters that have been approved by the court for telephonic hearings. 9:30 am Civil/Family Law matters including: probate and guardianship matters; ex-parte matters; default judgments; default dissolutions of marriage; trial settings; change of venues; and all contested motions requiring not more than 15 minutes. 10:30 am Criminal Matters including: preliminary appearances; arraignments; status/reviews; omnibus; pleas. 1:15 pm Juvenile Matters including: truancies; at risk youths; dependencies; juvenile offense proceedings. 2:30 pm The following hearings must first be special set with the Court Administrator: show cause matters; marriage dissolutions; all motions requiring argument; and other contested matters requiring more than 20 minutes but less than one hour. Matters requiring more than such time shall be scheduled in the same manner as trials. (2) Special setting on the motion docket may be made with prior approval of the court administrator. (3) Matters requiring more than 30 minutes shall be scheduled in the same manner as trials. (p) Telephonic Hearings. Telephonic hearings are authorized for most matters other than trials either upon stipulation by the parties or with approval of the court or upon the court's own motion or authorization following a request from the requesting party upon good cause shown. The record of such hearings will be electronically recorded. The requesting party shall contact the court Administrator at least three (3) days before the hearing for permission to appear telephonically under such conditions as ordered by the court. Any party retains the right to argue motions in person, even if the other party appears by telephone.

LCR 78. CLERKS

(g) Requirements of Clerk's office. (1) Only on prior court order, unless authorized by the clerk, will facsimile or electronic copies be accepted as temporary file documents. The facsimile copy shall be destroyed upon receipt of the original signed document. (2) Files may be withdrawn from the clerk's office by a judge, or the Court Administrator, or by the official Court Reporter, practicing attorney in Lincoln County, or a title company situated in Lincoln County upon signing a receipt therefore. Files may be withdrawn by attorneys outside of Lincoln County upon written order of the court. All files shall be returned within one week or sooner if requested by the judge or the Clerk of the Court. (3) An attorney or other person requesting a written answer to correspondence or confirmation on any pleadings or other documents shall furnish to the clerk a copy to conform if requested and a stamped, self-addressed envelope for the convenience of the clerk in making a necessary reply. (4) The clerk shall not be required to disburse any funds paid into the registry of the court unless ordered to do so by the court. (5) Unless the order specifically provides otherwise, all payments made in civil matters shall be by money order, cashier's check, or attorney's business or trust account check.

LCR 80. COURT REPORTERS

(d) Court Reporting. (1) Pre-trial and post-trial civil motions and other proceedings will be electronically recorded unless otherwise required by the court. (2) Civil trials will be reported only on request of a party to the action, for which said party shall arrange for a court reporter to be in attendance. The cost of such reporter shall be an expense of the requesting party or parties, unless otherwise ordered by the court for good cause shown. (3) In criminal matters, all pre-trial motions and appearances will generally be recorded electronically, and the court may arrange for a court reporter to be in attendance for criminal trials at the expense of the county. (4) If partial transcriptions are made of the record during proceedings in Superior Court, a copy of such transcription shall be furnished to the judge and to opposing counsel or the pro se litigant if such matters are being argued before the court.

LCR 83. LOCAL RULES OF COURT

(c) Suspension or Modification of Rules. The court may suspend or modify any of the foregoing rules, in any given case, upon good cause being shown thereof or upon the court's own motion.

LCrR 3.1. RIGHT TO AND ASSIGNMENT OF LAYWER

(d) Assignment of Lawyer. (5) Defendants who request assignment of counsel will be required to execute and file a financial disclosure under oath, which shall substantially comply with the form set forth in Exhibit "D" attached hereto, (or any successor from approved by the State or Supreme Court) or the defendant may be required to provide the information orally to the court. (6) All appointments of counsel by reason of indigency are expressly contingent upon proven indigency and full disclosure of assets. Where income or assets are discovered or indigency status changes subsequent to appointment which enable the defendant to afford counsel, or if the defendant can afford partial payment, fees may be ordered to be reimbursed to the court. (7) Upon appointment of counsel for indigent criminal defendants or other litigants, the clerk shall promptly provide counsel with notice of the appointment.

LCrR 3.2. RELEASE OF ACCUSED

(p) Bail Schedule. The following schedule shall in superior court cases pertain as the specified amount of bail required in criminal cases where no bail has been otherwise set, pending first court appearance:

Class A Felonies No Bail Class B Felony (against a person) No Bail Class B Felony (not against a person) $5,000 Class C Felony (against a person) No Bail Probation Violation where bench warrant issued $2,500 Gross Misdemeanor See District Court Schedule Misdemeanor See District Court Schedule (q) Appearances. Defendants on bail or recognizance are expected to be available to appear upon 72 hours' notice to their attorney. They are expected to be present on time at all scheduled appearances when they have received either oral or written notice. Failure to appear in accordance with this rule may result in forfeiture of bail, revocation of the personal recognizance order or issuance of a bench warrant for arrest. (r) Approving Bail. Bail bondsmen, who have justified their qualifications to the Superior Court in the manner set forth hereafter, shall be deemed approved to provide bail bonds to defendants in criminal cases in an amount not exceeding the limits prescribed in the order of justification. All petitions shall be accompanied by a proposed order of justification. An initial petition shall be accompanied by a full filing fee. Renewal petitions shall be accompanied by an ex parte fee. Petition for renewal must be filed on or before April 30 of each year otherwise a full filing fee is due. The petition for renewal will include a verified statement that either there have been no changes since the last petition or will set forth the changes. Upon failure of a bondsman to pay into the court, within ten (10) days, the amount of any bond forfeited by order of the court, the justification of said bail bondsman shall be immediately revoked. The sum so deposited shall be held in the registry of the court for sixty (60) days and should the person for whose appearance the bond was given be produced within said period, the judge may vacate the order and judgment forfeiting the bond on such terms as may be just and equitable. In any case where the bondsman has not previously justified qualification, the bond must be submitted to and approved by the presiding judge or the judge's designee. In order to obtain prior justification and approval of the court to provide bonds as an individual surety, the following requirements shall be met: (1) Provide the court verifiable documentary evidence of qualification, including but not limited to a current financial statement. (2) Provide a current list of all bonds on which the bondsman is obligated in any court of this state, including on the list the name of the court and defendant and the amount of the bond. In the case of individuals seeking prior justification to write bail bonds on behalf of a corporate surety, the applicant must provide the court with the following: (1) A certified copy of a power of attorney showing authorization of the applicant to act for the corporate surety. (2) A letter from the Insurance Commissioner of Washington State indicating that the corporate surety is authorized to do business in this state. The judge of the court may approve and justify any bail bondsman upon receipt of the above information. The court shall provide notice from time to time to the Sheriff of Lincoln County of the bail bondsmen previously qualified and the extent of their authority to write bonds. In the event of disqualification, the bail bondsman shall be promptly notified and may seek a hearing before the judge on the issues of qualification. (s) Posting of Justified Bondsmen in Jail. The Sheriff of Lincoln County is required to post in a conspicuous location in the jail booking area, the names and telephone numbers of all justified bondsmen.

LCrR 4.5. OMNIBUS HEARINGS

(d) Motions. (i) If there is no dispute regarding omnibus requests, the motion may be signed by both parties and presented to the court ex parte for signature before or at the date of omnibus hearing. (ii) Unless otherwise requested by the prosecutor and required by the court, a defendant need not appear at the omnibus hearing if there are no disputed omnibus requests.

EXHIBIT A ORDER FOR PRE-TRIAL CONFERENCE The contents of this item are only available on-line.

EXHIBIT B PRE-TRIAL ORDER The contents of this item are only available on-line.

EXHIBIT C ASSET AND LIABILITY LIST The contents of this item are only available on-line.

EXHIBIT D INDIGENCY SCREENING FORM The contents of this item are only available on-line.

MASON COUNTY SUPERIOR COURT Shelton, Washington LOCAL COURT RULES TABLE OF RULES

General Rules LGR 29 Presiding Judge in Superior Court LGR 31 Access to Court Records - RESCINDED

Rules of Appellate Procedure LRAP 9.2(a) Verbatim Report of Proceedings Designation of Court-Approved Transcribers - RESCINDED Civil Rules LCR 6 Confirmation Procedures and Cut-Off Dates for Filing Civil Motions and Responsive Documents [Rescinded effective 9-1-2010] LCR 7 Motions LCR 16 Pretrial Procedure and Formulating Issues LCR 40 Status Conferences, Mediation, Trial Setting Conferences Appendix A Civil Mediation Statement Appendix B Family Law Mediation Statement LCR 53.2 Court Commissioners LCR 59 Motions for Revision of Court Commissioner Orders - RESCINDED LCR 65 Injunctions LCR 93.04 Rescinded - Family Law Motion Calendar - Cut-Off Dates for Filing Motions and Responsive Documents LCR 94.04 Revoked - Dissolution of Marriage, Support, Modifications

Mandatory Arbitration Rules LMAR 1.1 Application of Rules LMAR 1.2 Matters Subject to Arbitration LMAR 1.3 Relationship to Superior Court Jurisdiction and Other Rules LMAR 2.1 Transfer to Arbitration LMAR 2.2 Assignment of Arbitrator - RESCINDED LMAR 2.3 Assignment of Arbitrator LMAR 3.1 Qualifications LMAR 3.2 Authority of Arbitrator LMAR 4.1 Discovery - RESCINDED LMAR 4.2 Discovery LMAR 5.1 Notice of Hearing LMAR 5.2 Prehearing Statement of Proof LMAR 5.3 Conduct of Hearing - Witnesses - Rules of Evidence - RESCINDED LMAR 6.1 Form and Content of Award LMAR 6.2 Return of Exhibits - RESCINDED LMAR 6.3 Filing of an Award - RESCINDED LMAR 6.4 Judgment of Award - RESCINDED LMAR 7.1 Request for Trial De Novo LMAR 8.1 Stipulations LMAR 8.2 Title and Citation - RESCINDED LMAR 8.3 Compensation of Arbitrator - RESCINDED LMAR 8.4 Title and Citation LMAR 8.5 Effective Date LMAR 8.6 Compensation of Arbitrator

Guardian ad Litem Rules LGAL 5 Specific Guardian Ad Litem Registry Requirements LGAL 7 Guardian ad Litem Grievance and Complaint Procedure

Criminal Rules LCrR 3.1 Right to and Assignment of Counsel LCrR 3.4 Presence of the Defendant LCrR 4.2 Superior Court Commissioners - Authority - Criminal Cases

Juvenile Court Rules LJuCR 7.1 Dismissal for Delay in Filing Information - RESCINDED LJuCR 9.2 Additional Right to Representation by Lawyer

Rules of Appeal of Decisions of Courts of Limited Jurisdiction LRALJ 6.3A(c) Content of Transcript of Electronic Record

Special Proceedings Rules LSPR 94.04 Family Law, Probate, Guardianship and Adoption Cases LSPR 94.04EXA LSPR 94.04 Family Law Trial Information Form - EXHIBIT A LSPR 96.01 Civil Contempt Proceedings; Requirements

LGR 29 PRESIDING JUDGE IN SUPERIOR COURT

(a) Election, Term, Vacancies, Removal and Selection Criteria - Multiple Judge Courts. (1) Election. The judges of the superior court shall elect a Presiding Judge and an Assistant Presiding Judge who shall serve for a period of two years. The election will take place in December of odd-numbered years, and the term shall commence on January 1. The Presiding Judge and the Assistant Presiding Judge shall perform all duties of the position required by General Rule 29.

[Adopted effective 9-1-2012]

LGR 31 Access to Court Records

RESCINDED

[Adopted effective 9-1-2005; Rescinded effective 9-1-2012.]

LRAP 9.2(a) VERBATIM REPORT OF PROCEEDINGS DESIGNATION OF COURT-APPROVED TRANSCRIBERS [RESCINDED]

[Revised 9-1-07; Rescinded effective 9-1-2016]

LCR 6 Confirmation Procedures and Cut-Off Dates for Filing Civil Motions and Responsive Documents

[Rescinded effective 9-1-2010]

LCR 7 MOTIONS

(b) Motions and Other Papers. (1) How Made. (A) Motion Docket. There shall be a civil motion docket 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. All civil motions and motions for revision shall be heard on the civil motion docket. The schedule may change. Parties and counsel are advised to review the current schedule before noting matters for hearing. Incorrectly scheduled matters may be stricken. (B) 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 or court order, including hearings which are administratively continued. (i) Confirmations must be made by calling the Clerk of the Court at (360) 427-9670, Ext. 346, or by e-mail at [email protected], no later than 10:00 a.m. two (2) court days prior to the civil motion docket (example: for a motion on Monday, confirmation must be made by 10:00 a.m. on Thursday of the preceding week). (ii) If the deadline for confirmation falls on a court holiday, confirmations shall be made before 10:00 a.m. on the last court day before the holiday. (iii) Motions filed by those persons physically confined under a court order shall be deemed confirmed at filing.

(iv) Matters not confirmed may be heard at the end of the docket only at the discretion of the Court and upon agreement of all parties. (C) Continuance of Confirmed Matters. Matters confirmed in accordance with paragraph (B) (i) and (ii) 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. (D) Time Limits. Arguments on motions other than summary judgment 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.

[Amended effective 9-1-2010; 9-1-2012; 9-1-2013; 9-1-2015]

LCR 16 PRETRIAL PROCEDURE AND FORMULATING ISSUES

(c) Public Records Act Cases - In Camera Review. (1) When commenced. In a Public Records Act case, in camera review will occur only if the court enters an order requiring such review. Agreement between parties or submission of records to the court, without an appropriate order, will not trigger in camera review. (2) Electronic records. Records for in camera review shall be submitted in an electronic form unless the court orders otherwise on a showing of good cause. (3) Identification of records. Records for in camera review must have a unique identifying number, such as a Bates number. The system for numbering and the placement of page numbers must be uniform for all records. (4) Entirely exempt record. If a record is claimed entirely exempt, it must be clearly designated as exempt or withheld on the first page of the document for in camera review. (5) Identification of redactions. Records redacted in part must be submitted to the judge in a manner that will permit the judge to read the entire record and immediately understand which parts were withheld by redaction and which parts were produced. For example, the redactions may be outlined or indicated with a lightly shaded or colored overlay. (6) Submission of spreadsheet. In cases with numerous records at issue, or if ordered by the judge, a spreadsheet shall be submitted as part of the in camera procedure. The spreadsheet must clearly identify which records are claimed entirely exempt and have been withheld and which records have been redacted in part. The spreadsheet(s) shall list the following information in separate fields or columns: (A) the unique identifier for the record or page being reviewed, such as a Bates number; (B) descriptive information that accurately identifies the record, including author(s), recipients(s), and date(s) (or if descriptive information is protected, other means of sufficiently identifying particular records without disclosing protected content); (C) identification of a specific exemption claimed and an explanation of how it applies to the record; and (D) an expandable cell for the court's notes. The spreadsheet shall be filed and served on all parties and also shall be submitted to the court in electronic form. (7) Basis for exemption. The basis for the claim of exemption may appear on the document if doing so would not obliterate text or other information necessary for the court's review.

[Adopted September 1, 2013]

LCR 40 STATUS CONFERENCES, MEDIATION, TRIAL SETTING CONFERENCES

(b) Status Conferences, Mediation, Trial Setting Conferences 1. Status Conferences. 1.1 A status conference may be assigned at the time a case is filed, by notice from the court administrator's office, or upon motion of any party. 1.2 At the status conference, the court may direct the case to arbitration or mediation, and/or may set an additional status conference date. The court may determine and set a discovery deadline, a mediation deadline, a trial setting conference date, and other dates and deadlines as necessary. 2. Mediation. 2.1 Presumption of Mediation. It is presumed that all contested civil and family law matters, with the following exceptions, will have completed mediation prior to trial: * Dependencies and termination of parental rights; * Uniform Parentage actions, up until establishment of paternity; * Matters in which a domestic violence or sexual assault protection order is in place; * Petitions for Civil Commitment (Sexual Predators); * Actions regarding seizure of property by the State; * Matters subject to Mandatory Arbitration Rules, or that are to be arbitrated by agreement, up until a request for a trial de novo; * Matters that have been previously mediated consistent with the standards set forth in this rule; and * By court order upon motion of any party, upon the court's determination that there is good cause not to require mediation. Any party may move the court for an order that there is good cause to require mediation in any matter, including those cases designated as exceptions above. 2.2 Mediators. Parties may agree to a mediator from among the three categories of mediators below. If the parties cannot agree, the court shall upon motion by any party appoint a mediator. Appointment of a mediator is subject to the mediator's right to decline to serve. 2.2.1 Mediation Panel. There shall be a panel of mediators established by the court. The list of court-approved mediators and their information sheets will be available to the public in the court administrator's office. Parties may stipulate to using a mediator from the Mediation Panel. If the parties stipulate to using a mediator from the Mediation Panel, but are not able to agree on a specific mediator, a mediator will be assigned from the Mediation Panel. 2.2.2 Volunteer Mediation Panel. There shall be a panel of volunteer mediators established by the court. Parties may qualify for appointment of a mediator from the Volunteer Mediation Panel if income and asset tests as determined by the court are met. The list of court-approved volunteer mediators and their information sheets will be available to the public in the court administrator's office. Parties who qualify may stipulate to using a mediator from the Volunteer Mediation Panel. If the parties stipulate to using a mediator from the Volunteer Mediation Panel, but are not able to agree on a specific mediator, a mediator will be assigned from the Volunteer Mediation Panel. 2.2.3 Other Mediators. Upon approval by the court, parties may stipulate to a mediator not on the Mediation Panel or the Volunteer Mediation Panel. The court may approve appointment of a proposed mediator upon satisfactory showing of qualifications and knowledge of subject matter. Any mediator certified as such by a Washington State dispute resolution center is qualified to serve as a mediator under this paragraph. 2.2.4 Application and Trainings. A person who wishes to be placed on the Mediation Panel and/or Volunteer Mediation Panel shall complete an information sheet on the form prescribed by the court, which shall demonstrate the person's qualifications as mediator, and as to specific subject matters. Mediators and any person who wishes to be considered as a mediator may participate in court-sponsored mediation trainings. 2.3 Cost of Mediation. Parties may stipulate to the allocation of mediation costs. If the parties are unable to agree, the court will order the same upon motion of any party. Parties using mediators from the Volunteer Mediation Panel may be charged an administrative fee as set by the court. 2.4 Mediation Orders and Process. 2.4.1 Mediation Status and Terms. An order shall be entered setting forth the following: * Mediation status (whether the case is to be mediated); and * Mediation terms (including but not limited to the mediator or category the mediator is to be chosen from, allocation of costs of mediation, mediation deadline, and identity of parties with authority required to attend mediation).

If the parties agree as to mediation status and/or terms, they may so stipulate and submit an agreed order for the court's approval prior to the status conference, or at any time thereafter prior to the discovery deadline. If the parties are unable to agree to the status and/or all terms of mediation, a party may file and note a motion for entry of an order setting the status and terms of mediation. 2.4.2 Litigation Process During Period of Mediation. Pending mediation, all litigation processes such as discovery, motions for temporary orders, and motions for dispositive orders shall continue. 2.4.3 RCW ch. 7.07. All mediations undertaken pursuant to this Rule are subject to the provisions of RCW ch. 7.07, the Uniform Mediation Act, including its requirements regarding privilege and confidentiality. 2.4.4 Civil Mediation Statements. In civil actions, all parties shall prepare and deliver a Civil Mediation Statement to the mediator and opposing parties, no later than five working days prior to the mediation. The statement shall address the matters set forth in Appendix A. The statement shall not be filed with the court.

2.4.5 Family Law Mediation Statements. In family law actions, all parties shall prepare and deliver a Family Law Mediation Statement to the mediator, opposing parties, and the State of Washington, if the State is a a Family Law Mediation Statement to the mediator, opposing parties, and the State of Washington, if the State is a party, no later than five working days prior to the mediation. The statement shall address the matters set forth in Appendix B. The statement shall not be filed with the court. 2.4.6 Appearance at Mediation. The parties shall appear in person at mediation unless the court orders in advance that they may be present by telephone or electronic means sufficient to allow full participation. Each party shall ensure the presence at mediation of persons who have necessary authority to approve a settlement. 2.4.7 Sanctions for Failure to Comply. The court, consistent with the provisions of RCW Ch. 7.07, upon motion or upon its own initiative, may impose an appropriate sanction on any party or attorney for refusal to participate in mediation or comply with any of the requirements of this rule, for willful delay in completing mediation or for participation in bad faith. The sanction may include, but is not limited to, an order to pay a fee sufficient to deter the conduct and an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the sanctionable conduct. The court shall not entertain any motion with respect to this subsection unless the parties have conferred with respect to the motion. The moving party shall arrange for a mutually convenient conference in person or by telephone. The court may apply sanctions if the court finds that any part or its counsel, upon whom a motion with respect to matters covered by such rules has been served, has willfully refused or failed to confer in good faith. Any motion seeking sanctions under this subsection shall include a certification that the conference requirements of this rule have not been met. 2.4.8 Mediation Report. Within five days after completion of mediation, the mediator shall file a Mediation Report indicating whether the case has been resolved. A copy of the Mediation Report shall be provided to the court administrator's office. 3. Discovery. Discovery shall be completed in accordance with the discovery schedule set at the status conference. Exceptions will be made only upon prior approval of the court, and for good cause. 4. Trial Setting Conference. 4.1 A date for a trial setting conference may be set at the status conference, by notice from the court administrator's office, or upon motion of any party. A party may also request an accelerated trial date by motion at any time prior to the trial setting conference date. 4.2 Trial setting conferences shall not be continued absent a showing of good cause and upon prior approval of the court. 4.3 At the trial setting conference, the court shall consider compliance with dates and deadlines, the status of mediation, and readiness for trial. 4.4 Cases shall be assigned a secondary and/or primary trial setting to be determined by the court. Where out-of-state witnesses or substantial expert testimony is anticipated, the parties may request that the court dispense with the secondary trial setting. 4.5 The court may set schedules, deadlines and other pretrial dates as appropriate.

5. Compliance. 5.1 Counsel for the parties and pro se parties shall appear in person or by telephone at each of the conferences set by the court. Counsel appearing for a party shall preferably be lead counsel for that party. Any counsel appearing for a party shall be prepared with an understanding of the case and authority to enter into agreements as contemplated herein. 5.2 Failure to comply with deadlines, dates, or other requirements set out in these rules, or failure to appear at a conference set by the court, may result in sanctions being imposed, including terms. The court may also strike a trial date if mediation has not been completed by the applicable deadline. [Amended effective 9-1-11; Amended effective 9-1-18]

APPENDIX A CIVIL MEDIATION STATEMENT (IN WORD FORMAT) The contents of this item are only available on-line.

APPENDIX B FAMILY LAW MEDIATION STATEMENT (IN WORD FORMAT) The contents of this item are only available on-line.

LCR 53.2 COURT COMMISSIONERS (e) Revision by Court. 1. Time for Motion. A motion for revision must be filed and served within ten (10) days after the commissioner's written order is entered. At the time it is filed, the motion for revision shall be scheduled for hearing to be held within thirty (30) days after entry of the commissioner's written order. 2. Abandonment. Absent extraordinary circumstances and/or unless reset by the court, any motion for revision not heard within thirty (30) days after entry of the commissioner's written order shall be considered abandoned, stricken by the court and the commissioner's ruling affirmed. 3. Findings of Fact and Conclusions of Law. 3.1 Findings of fact and conclusions of law to support the order or judgment shall be entered by the court commissioner before the hearing on the motion for revision, unless the commissioner orders that findings of fact and conclusions of law will not be entered. 3.2 Proposed findings of fact and conclusions of law or requests that findings of fact and conclusions of law not be entered shall be filed and served within the time provided for serving motions and any supporting affidavits in accordance with CR 6(d). 4. Form of Motion. A motion for revision shall: 4.1 Specify each alleged error; and 4.2 Identify each document in the court file related to the issues raised by the motion for revision. 5. Hearing on Motion. At the time a motion for revision is filed, the moving party shall schedule a hearing on a civil calendar by filing a notice of issue. Unless otherwise directed by the Court, the hearing on the motion for revision shall be scheduled to occur within thirty (30) days after entry of the commissioner's written order. 6. The Record. 6.1 The motion for revision shall be heard upon the record that was before the court commissioner. 6.2 In all proceedings for which an audio recording of live testimony is made, the party moving for revision shall, within five (5) calendar days after filing the motion, make arrangements through Superior Court Administration for a transcript of the proceedings to be provided to the court. Where a transcript is required, the party moving for revision shall be responsible for arranging for and payment for the transcript and ensuring that the transcript of proceedings is filed with the court not later than five (5) calendar days before the scheduled hearing. 7. Scope of Motion. The court may revise any order or judgment that is related to the issues raised by the motion for revision; for example, all issues related to child support or all issues related to the parenting plan. The court will not consider issues that are not related to the motion for revision without a separate motion, except: 7.1 The court may consider requests for attorney's fees by either party for the revision proceedings; and 7.2 The court may consider issues in the original order when the motion for revision is filed as to a motion denying a motion for reconsideration. 8. Effect of Motion. When a motion for revision is timely filed the following shall occur: 8.1 With the exception of findings of fact and conclusions of law, until the revision proceeding is completed, the court commissioner loses jurisdiction to conduct further proceedings and/or enter orders on issues that are the subject of revision proceeding. 8.2 The court commissioner may continue to hear proceedings and/or enter orders on issues that do not involve the subject of the revision proceeding. 8.3 A court commissioner's order shall remain valid and in effect pending the outcome of a motion for revision unless stayed by a court order. [Adopted effective September 1, 2012; amended effective September 1, 2017.]

LCR 59 Motions for Revision of Court Commissioner Orders

RESCINDED

[Revised 9-1-09; Rescinded effective 9-1-2012]

LCR 65 INJUNCTIONS (f) Motions for Ex Parte Restraining Orders. (i) Applicability. This section applies to motions for temporary restraining orders (also known as Ex Parte Restraining Orders) entered on an emergency basis to prevent immediate injury, loss or damage. See also CR 65. This local rule does not apply to protection orders entered under Chapter 26.50 RCW, Chapter 10.14 RCW, Chapter 74.34 RCW, and Chapter 7.90 RCW. (ii) Notice of Motion. The party asking for an Ex Parte Restraining Order (the moving party) shall give notice to the attorney for the opposing party, whether the attorney has appeared either formally or informally. If unrepresented, notice shall be given to the opposing party. If necessary, notice may be by telephone. The moving party or attorney shall certify to the court in writing the efforts which have been made to give notice to the opposing party. Such notice is required in all cases unless the moving party clearly shows by sworn declaration that immediate injury, loss or damage will result if notice is given. Failure to give notice may result in the imposition of terms and/or sanctions on the moving party and/or his/her attorney. (iii) Where Presented. The moving party shall present the Motion for Ex Parte Restraining Order and Order to Show Cause on the Ex Parte Docket, unless otherwise allowed by a judicial officer for exigent circumstances. (iv) Motion to Quash Ex Parte Restraining Orders Entered Without Notice. Unless otherwise directed by the court, a party seeking to quash an Ex Parte Restraining Order entered without notice shall present the motion on the Ex Parte Docket. Notice shall be required in the same manner as it applies to a moving party described in Section (ii), above.

[Adopted effective September 1, 2017]

LOCAL SUPERIOR COURT CIVIL RULE 93.04 (LCR 93.04) Family Law Motion Calendar Cut-Off Dates for Filing Motions and Responsive Documents

Rescinded Effective September 1, 2006.

LOCAL SUPERIOR COURT CIVIL RULE 94.04 (LCR 94.04) Dissolution of Marriage, Support, Modifications

Revoked effective September 1, 2000.

LMAR 1.1 Application of Rules

The purpose of mandatory arbitration of civil actions under RCW 7.06, as implemented by the Mandatory Arbitration Rules, is to provide a simplified and economical procedure for obtaining the prompt and equitable resolution of disputes. The Mandatory Arbitration Rules, as supplemented by these local rules, are not designed to address every question which may arise during the arbitration process, and the rules give considerable discretion to the arbitrator. The arbitrator should not hesitate to be informal and expeditious, consistent with the purpose of the statute and rules.

[Amended effective September 1, 2012.]

LMAR 1.2 Matters Subject to Arbitration The following matters are subject to mandatory arbitration: (a) civil actions at issue in the Superior Court where the sole relief sought is a money judgment not in excess of $100,000, exclusive of attorney fees, interest, and costs; and (b) claims in which the sole relief sought is the establishment, modification, or termination of maintenance or child support payments which are not capable of resolution on the motion docket or by agreement, regardless of the number or amount of payments. [Amended effective September 1, 2012; September 1, 2018.]

LMAR 1.3 Relationship to Superior Court Jurisdiction and Other Rules

(c) Motions. All motions before the court relating to mandatory arbitration shall be noted on the civil motion calendar except as may be otherwise provided in these rules.

[Adopted effective September 1, 2012.]

LMAR 2.1 Transfer to Arbitration

(a) Court Order Required. Cases shall be transferred to arbitration only by court order. (b) Status Conference to Address. At the status conference provided for by LCR 40, the question of mandatory arbitration shall be addressed. (c) Statement of Arbitrability. If not transferred to arbitration at the status conference, when any party determines that the case is subject to mandatory arbitration, such party shall file and serve a Statement of Arbitrability on the form prescribed by the Court. A duplicate copy shall be provided to the Superior Court Administration Office. (d) Response to Statement of Arbitrability. Any party disagreeing with the Statement of Arbitrability shall, within ten (10) days after the Statement of Arbitrability has been served, file and serve a Response to the Statement of Arbitrability on the form prescribed by the Court. A duplicate copy of the response shall be provided to the Superior Court Administration Office. In the absence of such a response, the Statement of Arbitrability shall be deemed correct and a non-responding party shall be deemed to have stipulated to arbitration if the Statement of Arbitrability provides that the case is subject to mandatory arbitration. (e) Failure to File - Amendments. A party failing to file and serve an original response within the time prescribed may later do so only upon leave of the court. A party may amend the Initial Statement of Arbitrability or response at any time before assignment of an arbitrator or assignment of a trial date, or thereafter only upon leave of the Court for good cause shown. (f) By Stipulation. A case in which all parties file a stipulation to arbitrate under MAR 8.1(b) regardless of the nature of the case or amount in controversy may be transferred to arbitration by court order presented to the Court with the stipulation. (g) Interpreter. In a case transferred to arbitration, if a party: (1) is hearing impaired or has a limited ability to speak or understand the English language, or (2) knows, or after reasonable inquiry has reason to believe, that any other party or any witness is hearing impaired or has limited ability to speak or understand the English language, the party shall advise the Arbitration Supervisor in writing that an interpreter is needed.

[Amended September 1, 2012.]

LMAR 2.2 Assignment of Arbitrator

[Rescinded]

[Rescinded effective September 1, 2012.]

LMAR 2.3 Assignment to Arbitrator (a) Generally. When a case is set for arbitration, a list of five proposed arbitrators shall be furnished to the parties. A list of other approved arbitrators shall be furnished upon request. The parties are encouraged to stipulate to an arbitrator. In the absence of the stipulation, the arbitrator shall be chosen from among the five proposed arbitrators in the manner defined by this rule. (1) Response by Parties. Within fourteen (14) days after the list of the proposed arbitrators is furnished to the parties, each party shall nominate two arbitrators and strike two arbitrators from the list. If both parties respond, an arbitrator nominated by both parties shall be appointed. If no arbitrator has been nominated by both parties, an arbitrator shall be appointed from among those not stricken by either party. (2) Response by Only One Party. If only one party responds within fourteen (14) days, an arbitrator shall be appointed from that party's response. (3) No Response. If neither party responds within fourteen (14) days, the arbitrator shall be randomly appointed from the five proposed arbitrators. (4) Additional Arbitrators for Additional Parties. If there are more than two adverse parties all represented by different counsel, one additional proposed arbitrator shall be added to the list for each additional party so represented with the above principles of selection to be applied. The number of adverse parties shall be determined by the arbitration department, subject to review by the Presiding Judge.

[Adopted effective September 1, 2012.]

LMAR 3.1 Qualifications

(a) Arbitration Panel. There shall be a panel of arbitrators in such numbers as the Superior Court Judge may determine. A person desiring to serve as an arbitrator shall complete an information sheet on the form prescribed by the court. A list showing the names of the arbitrators available to hear cases and information sheets will be available for public inspection in the Superior Court Administration Office. The oath of office on the form prescribed by the court must be completed and filed prior to an applicant being placed on the panel. (b) Refusal - Disqualification. The appointment of an arbitrator is subject to the right of that person to refuse to serve. An arbitrator must notify the Arbitration Supervisor immediately if refusing to serve, or if any cause exists for the arbitrator's disqualification from the case on any of the grounds of interest, relationship, bias, or prejudice set forth in the Code of Judicial Conduct governing disqualification of judges. If disqualified, the arbitrator must immediately return all materials in a case to the Arbitration Supervisor.

[Amended September 1, 2012.]

LMAR 3.2 Authority of Arbitrator

In addition to the authority given to arbitrators under MAR 3.2, an arbitrator has authority to require a party or attorney advising such party, or both, to pay the reasonable expenses, including attorney's fees, caused by the failure of such party or attorney, or both, to obey an order of the arbitrator unless the arbitrator finds that the failure was substantially justified, or that other circumstances make an award of expenses unjust. The arbitrator shall make a special award for such expenses and shall file such award with the Clerk of the Court, with proof of service on each party. The aggrieved party shall have ten (10) days thereafter to appeal the award of such expense in accordance with the procedures described in RCW 2.24.050. If within ten (10) days after the award is filed no party appeals, a judgment shall be entered in a manner described under MAR 6.3.

[Amended effective September 1, 2012.]

LMAR 4.1 Discovery

[Rescinded]

[Rescinded effective September 1, 2012]

LMAR 4.2 Discovery

(a) Discovery Pending at the Time Arbitrator is Assigned. Discovery pending at the time the case is assigned to an arbitrator is stayed pending order from the arbitrator or except as the parties may stipulate or as authorized by MAR 4.2 and LMAR 4.2 below. (b) Additional Discovery. In determining when additional discovery beyond that directly authorized by MAR 4.2 is reasonably necessary, the arbitrator shall balance the benefits of discovery against the burdens and expenses. The arbitrator shall consider the nature and complexity of the case, the amount in controversy, values at stake, the discovery that has already occurred, the burdens on the party from whom discovery is sought, and the possibility of unfair surprise which may result if discovery is restricted. Authorized discovery shall be conducted in accordance with the civil rules except that motions concerning discovery shall be determined by the arbitrator. (c) Interrogatories. Notwithstanding the foregoing, the following interrogatories may be submitted to any party: (1) State the amount of general damages being claimed; (2) State each item of special damages being claimed and the amount thereof; (3) List the name, address and phone number of each person having knowledge of any facts regarding liability, and a short summary of their intended testimony at the arbitration hearing; (4) List the name, address and phone number of each person having knowledge of any facts regarding the damages claimed, and a short summary of their intended testimony at the arbitration hearing; (5) List the name, address and phone number of each expert witness you intend to call at the arbitration. For each such expert, state the subject matter on which the expert is expected to testify; state the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. Only these interrogatories, with the exact language as set out above, are permitted, except as permitted by section (a).

[Amended effective September 1, 2012.]

LMAR 5.1 Notice of Hearing

In addition to the requirements of MAR 5.1, the arbitrator shall give reasonable notice of the hearing date and any continuance to the Arbitration Supervisor.

[Amended effective September 1, 2012.]

LMAR 5.2 Prehearing Statement of Proof

In addition to the requirements of MAR 5.2, each party shall also furnish the arbitrator with copies of pleadings and other documents contained in the court file which the party deems relevant. The court file shall remain with the Clerk of the Court.

[Amended effective September 1, 2012.]

LMAR 5.3 Conduct of Hearing - Witnesses - Rules of Evidence

[Rescinded.]

[Rescinded effective September 1, 2012.]

LMAR 6.1 Form and Content of Award

(a) Form. The award shall be prepared on the form prescribed by the Court. (b) Return of Exhibits. When an award is filed, the arbitrator shall return all exhibits to the parties who offered them during the hearing.

[Amended effective September 1, 2012.]

LMAR 6.2 Return of Exhibits

[Rescinded]

[Rescinded effective September 1, 2012.]

LMAR 6.3 Filing of an Award

[Rescinded]

[Rescinded effective September 1, 2012.]

LMAR 6.4 Judgment of Award

[Rescinded]

[Rescinded effective September 1, 2012.]

7.1 Request for Trial De Novo

(a) Service and Filing. In addition to the provision for service and filing in MAR 7.1, a copy of the Request for Trial de Novo shall be provided to the Arbitration Supervisor. (b) Form. [Reserved.] (c) Proof of Service. [Reserved.] (d) Calendar. When a trial de novo is requested as provided in MAR 7.1, a status conference shall be set by the court administrator in accordance with LCR 40.

[Amended effective September 1, 2012]

8.1 Stipulations

(c) To Arbitrate Other Cases - Effect on Relief Granted. If a case not otherwise subject to mandatory arbitration is transferred to arbitration by stipulation, the arbitrator may grant any relief which could have been granted if the case were determined by a judge.

[Amended effective September 1, 2012.]

LMAR 8.2 Title and Citation

[Rescinded]

[Rescinded effective September 1, 2012.]

LMAR 8.3 Compensation of Arbitrator

[Rescinded]

[Rescinded effective September 1, 2012.]

8.4 Title and Citation

These rules are known and cited as the Mason County Superior Court Mandatory Arbitration Rules. LMAR is the official abbreviation.

[Adopted effective September 1, 2012.]

LMAR 8.5 Effective Date These rules shall be effective upon adoption by the Superior Court Judge and shall apply to those cases which otherwise meet the scope and purpose of these rules and do not have a trial date prior to April 1, 1991. Revised 9-1-07

8.6 Compensation of Arbitrator

(a) Generally. Arbitrators shall be compensated in the same amount and manner as judges pro tempore of the Superior Court; provided, however, the portion of the compensation from the Superior Court shall not exceed $1,000.00 for any case without approval of the presiding judge. (b) Form. When the award is filed, the arbitrator shall submit to the Court Administrator a request for payment on a form prescribed by the Washington State Administrative Office of the Courts. The presiding judge shall determine the amount of compensation to be paid.

[Adopted effective September 1, 2012.]

LOCAL GUARDIAN AD LITEM RULE (LGAL 5) SPECIFIC GUARDIAN AD LITEM REGISTRY REQUIREMENTS

1. Title 11 - Guardianship Registry. 1.1 All registry applicants must meet the qualifications set forth by statute and all requirements for training and certification established by statute and/or court rule to be considered for placement and retention on the Title 11 registry. 1.2. In addition to any qualifications required by statute, the following are specific education and experience requirements for inclusion on the Title 11 registry: (a) Attorneys. Members of the Washington State Bar Association in good standing with a minimum of one year of practice of law with some experience in the needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities and/or other areas relevant to the needs of incapacitated persons. (b) Non-Attorneys. Four years experience in the needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities and/or other areas relevant to the needs of incapacitated persons documented in the applicant's Statement of Qualifications. 2. Title 26 - Family Law Registry. 2.1 All registry applicants must meet the qualifications set forth by statute and all requirements for training and certification established by statute and/or court rule to be considered for placement and retention on the Title 26 registry. 2.2. In addition to any qualifications required by statute, the following are specific education and experience requirements for inclusion on the Title 26 registry: (a) Attorneys. Members of the Washington State Bar Association in good standing with a minimum of one year of practice of law, including family law cases, and at least eight hours of family law CLE in the preceding twenty-four months. (c) Non-Attorneys. (1) A minimum of a B.A. degree with four years field experience working with children and families; (2) A Masters degree with two years of field experience working with children and families; or (3) Licensed psychologist or psychiatrist with preference given to those who specialize, or have developed expertise, in working with children and families. 3. Retention on Registry. 3.1 Each person requesting to remain on any Guardian ad Litem registry shall annually submit an updated background information report to the Court Administrator's Office. The background information report shall include, but not be limited to, the following: (a) Level of formal education; (b) Training related to the guardian's duties; (c) Number of years' experience as a guardian ad litem; (d) Number of appointments as a guardian ad litem and county or counties of appointment; (e) The names of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and (f) Criminal history, as defined in RCW 9.94A.030.

Adopted 7-1-04

LGAL 7 Guardian ad Litem Grievance and Complaint Procedure

(a) Guardian ad Litem Committee. A Mason County Guardian ad Litem Committee (the Committee) is created to address grievances concerning conduct by guardians ad litem involved in Title 11 and 26 RCW cases. The Committee shall consist of three members: a representative of the Mason County Superior Court, selected by the Court Administrator and approved by the Presiding Judge; an active guardian ad litem, selected by the Court Administrator and approved by the Presiding Judge; and a member of the Mason County Bar Association, selected and approved by the Association. The guardian ad litem member shall be a member of the Mason County Guardian Ad Litem Registry who has not received any sanctions in the past three years. Service on the Committee is a voluntary service for the good of the community. (b) Submitting a Grievance. (1) Grievance in Ongoing Case. (A) Format. In an ongoing case, a grievance concerning conduct by a guardian ad litem is hereinafter referred to as a "Complaint." It shall be brought before the Court as a written motion filed by a party to the case or his or her attorney and must be properly served and noted for hearing in compliance with court rules. (B) Response by Guardian ad Litem. The guardian ad litem may respond as provided by court rules governing motion practice. (C) Court's Decision. If the Court determines that the Complaint has merit, the Court may remove the guardian ad litem or require other action in the case. The Court may also refer the Complaint to the Court Administrator to be forwarded to the Committee in the form of a "Grievance." (2) Grievance After Conclusion of Case. After the conclusion of a case, a grievance concerning conduct by a guardian ad litem is hereinafter referred to as a "Grievance." It shall be submitted in writing within 12 months after the conclusion of the case and signed by at least one individual with their address and telephone number. It shall be based upon personal knowledge and shall explain in clear and concise language the grounds for the grievance. Supplemental materials may be attached. It shall be submitted to the Superior Court Administrator at 419 N 4th Street, P.O. Box X, Shelton, WA 98584. (3) Action Upon Receipt of Grievance. Upon receipt, the Court Administrator shall forward the Grievance and any supplemental materials to the Committee and to the guardian ad litem named in the Grievance. (c) Action by Guardian Ad Litem Committee. (1) Review Procedure. The following rules apply once a Grievance is forwarded to the Committee. (A) Response to Grievance in Ongoing Case. For a Grievance in an ongoing case pursuant to (b)(1)(C), the Committee will consider any motion materials submitted to the Court by the guardian ad litem pursuant to (b)(1)(B). The guardian ad litem may submit additional responsive materials in writing within 10 days from the date the Grievance is forwarded by the Court Administrator. (B) Response to Grievance After Conclusion of Case. For a Grievance after the conclusion of a case pursuant to (b)(2), the guardian ad litem shall respond in writing within 30 days from the date the Grievance is forwarded by the Court Administrator. Supplemental materials may be attached. (C) Action Pending Resolution. The Committee may recommend to the Presiding Judge that a guardian ad litem's further participation on the registry be suspended pending resolution of the Grievance. The guardian ad litem shall be notified of any such recommendation and may respond in writing within 72 hours. (D) Materials to Consider. The Committee shall consider written materials only, including the court file. No oral testimony or argument shall be allowed. If the Committee finds the Grievance has merit, the Committee may then consider prior Grievances which resulted in sanction. (E) Time for Decision on Grievance in Ongoing Case. For Grievances pertaining to an ongoing case under section (b)(1)(C), the Committee shall issue a decision no later than 25 days from the date the Grievance is forwarded by the Court Administrator. (F) Time for Decision on Grievance After Conclusion of Case. For Grievances after the conclusion of the case under section (b)(2), the Committee shall issue a decision no later than 60 days from the date the Grievance is forwarded by the Court Administrator. (2) Decision.

(A) Basis. In determining whether the Grievance has merit, the Committee shall consider whether the guardian ad litem: (i) Violated the guardian ad litem Code of Conduct; (ii) Misrepresented his or her qualifications to serve as a guardian ad litem;

(iii) Failed to meet the annual training requirements set forth in the Registry requirements; (iv) Breached the confidentiality of the parties; (v) Falsified information in a report to the Court or in testimony before the Court; (vi) Failed, when required, to report abuse of a child; (vii) Communicated with a judicial officer ex parte concerning the case for which he or she is serving as a guardian ad litem, except as allowed (such as an emergency restraining order); (viii) Violated state or local laws or rules in the person's capacity as a guardian ad litem; (ix) Took or failed to take any other action which would reasonably place the suitability of the person to serve as guardian ad litem in question. (B) Resolution by Committee. If the Committee determines the Grievance has merit, the Committee shall have the authority to issue a written admonishment or reprimand, impose additional reasonable requirements for continued service as a guardian ad litem, and/or require the guardian ad litem to take corrective action to remedy or mitigate matters. The Committee may also recommend to the Presiding Judge that the guardian ad litem be suspended or removed from the Court Registry. (C) Notice of Decision. The guardian ad litem and any complaining party shall be notified of the decision on the Grievance. A copy of the decision of the Committee shall be placed in the guardian ad litem file maintained by the Superior Court Administrator. (d) Review and Reconsideration of Decision. (1) Time for Request. The guardian ad litem may seek review or reconsideration of a sanction by making a written request to the Court Administrator within 15 days of the date of decision. (2) Review of Request. The Court Administrator shall forward the request and any supporting documents to the Presiding Judge. The Presiding Judge shall present the matter to the Superior Court judges to review and issue a final decision within 10 days. Prior Grievances which resulted in an admonishment, reprimand, referral to training, removal of the guardian ad litem from a particular case, or suspension or removal from a registry shall be taken into consideration. (e) Removal from Registry. If the guardian ad litem is listed on more than one registry, at the discretion of the Presiding Judge, the suspension or removal may apply to each registry on which the guardian ad litem is listed. The Court Administrator shall notify the Administrative Office of the Courts of the name of any guardian ad litem removed from the registry after such removal becomes final.

(f) Confidentiality. A Grievance shall be confidential for all purposes unless the Committee has determined that it has merit. Any record of Grievances which are not found by the Committee to have merit shall be confidential and shall not be disclosed except by court order.

[Adopted 9-1-03; Amended 9-1-14]

LCrR 3.1 RIGHT TO AND ASSIGNMENT OF COUNSEL

(d) Assignment of Lawyer. (4) Certificates of Compliance with the Standards for Indigent Defense required by CrR 3.1 shall be filed quarterly with the Mason County Clerk. All Notice of Appearance forms filed by counsel for indigent defendants shall indicate in a separate paragraph whether or not a current CrR 3.1 Certificate of Compliance with the Standards for Indigent Defense is on file with the Mason County Clerk.

[Adopted effective 9-1-2013]

LCrR 3.4 PRESENCE OF THE DEFENDANT

(d) Video Conference Proceedings. (2) Agreement. In criminal matters, proceedings may be conducted by video conference as authorized by CrR 3.4(d)(1). Other criminal proceedings may be conducted by video conference by agreement of the parties in writing or on the record, and upon approval of the judge.

[Adopted effective 9-1-2014]

LOCAL SUPERIOR COURT CRIMINAL RULE 4.2 (LCrR 4.2) SUPERIOR COURT COMMISSIONERS - AUTHORITY - CRIMINAL CASES The Judges of Mason County Superior Court hereby adopt the provisions of RCW 2.24.040, as amended, and specifically authorize Mason County Superior Court Commissioners, appointed under Article 4, Section 23 of the constitution of the State of Washington, to accept and enter pleas of guilty by adult criminal defendants in accordance with CrR 4.2. [Adopted 9/1/00]

LJuCR 7.1 DISMISSAL FOR DELAY IN FILING INFORMATION

RESCINDED

[Adopted effective September 1, 1995; Rescinded effective September 1, 2013]

LJuCR 9.2 ADDITIONAL RIGHT TO REPRESENTATION BY LAWYER

(d) Juvenile Offense Proceedings. (1) Certificates of Compliance with the Standards for Indigent Defense required by JuCR 9.2 shall be filed quarterly with the Mason County Clerk. All Notice of Appearance forms filed by counsel for indigent defendants shall indicate in a separate paragraph whether or not a current JuCR 9.2 Certificate of Compliance with the Standards for Indigent Defense is on file with the Mason County Clerk.

[Adopted effective 9-1-2013]

LRALJ 6.3A(c) CONTENT OF TRANSCRIPT OF ELECTRONIC RECORD (c) Content of Transcript. The transcript shall contain only those portions of the electronic recording necessary to present the issues raised on appeal. In a transcript provided at public expense, approval by the Court shall be obtained prior to requesting transcription of jury voir dire, opening and/or closing statements, and reading of the jury instructions. If the appellant intends to urge that a verdict or finding of fact is not supported by the evidence, the appellant shall include in the transcript all testimony relevant to the disputed verdict or finding. If the appellant intends to urge that the court erred in giving or failing to give an instruction, the appellant shall include all objections to the instructions given and refused and the court's ruling.

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 [email protected], 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]

LSPR 94.04 EXA FAMILY LAW TRIAL INFORMATION FORM - LSPR 94.04 (IN WORD FORMAT) The contents of this item are only available on-line.

LSPR 96.01 CIVIL CONTEMPT PROCEEDINGS; REQUIREMENTS The following shall apply to indirect, remedial or civil contempt proceedings brought under RCW 7.21.030 or similar statutes. (a) Warnings; Failure to appear. The Order to Show Cause shall contain language warning the responding party that failure to appear could result in a warrant for arrest. (b) Personal Service. Unless otherwise authorized by the court, the Order to Show Cause, motion, affidavits and declarations must be personally served upon the responding party if not represented by an attorney. If the responding party is represented by an attorney, then personal service on the attorney is required. (c) Arrest or Other Remedies Upon Failure to Appear. At the hearing, if the responding party fails to appear and upon showing of proof of service, and if the warning required above is in the order, the court may order a warrant for arrest. Other requested remedies may also be ordered upon default, even if a warrant is not authorized. [Adopted effective September 1, 2017; amended effective September 1, 2018.]

Okanogan County Superior Court Local Court Rules Table of Rules Local General Rules LGR 31.1 Access to Administrative Records Local Rules LR 1. Title and Scope LR 1A. Judicial Positions LR 4.3 PRO SE Appearance LR 7. Civil Motions LR 10. Form of Pleadings and Other Papers LR 16. Pretrial Procedure and Formulating Issues LR 38. Jury Demand LR 40. Trial Setting and Pre-Trial Procedures LR 47. Jurors LR 51. Instructions to Jury LR 56. Summary Judgment and Other Special Settings LR 59. New Trial, Reconsideration, and Amendment of Judgments Domestic Proceedings LSPR 94.04.01 Filings in Family Law and Non-Marital Relationships LSPR 94.04.02 Parenting Seminars LSPR 94.04.03 Mandatory Mediation LSPR 94.04.04 Process Under GR 34 Guardian Ad Litem Rules LGALR 1. Scope and Definitions LGALR 2. General Responsibilities of Guardian AD Litem LGALR 5. Appointments of Guardian AD Litem LGALR 7. Grievance Procedure LGALR 8. Compensation Local Rules for Mandatory Arbitration LMAR 1.2.01 General Responsiblitlities of Arbitrators LMAR 1.2 Mandatory Arbitration of Civil Actions LMAR 7.2 Procedure after Request for Trial De Novo Local Criminal Rules LCrR 3.1 Right to and Assignment of Lawyer LCrR 6.15 Jury Instructions LCrR 8.9 Change of Judge Appendices Appendix A Form A-1 - Asset and Debt Matrix Form A-2 - Attorney/Limited License Legal Tech Certification Form A-3 - Automatic Temporary Restraining Order Form A-4 - Declaration of Compliance Form A-5 - Note for Hearing Form A-6 - Order for Pretrial Conference Form A-7 - Pretrial Order Form A-8 - Request for Trial Setting (Dissolution and Family Law) Form A-9 - Request for Trial Setting Civil Matters Appendix B Minimum Qualifications for Superior Court Family Law Mediators Appendix C Administrative Request Form Invoice for Request for Administrative Public Records Public Records Request Internal Review Form Response to Request for Administrative Public Records

LGR 31.1 ACCESS TO ADMINISTRATIVE RECORDS

(a) Adoption and Publication. Pursuant to Rules of General Application for Washington State Courts, specifically GR 31.1(c) (1) and (2), the Okanogan County Superior Court hereby adopts and publishes policies and procedures necessary to facilitate access to its administrative records. Adoption is effective January 1, 2016 and to be incorporated in local rules version effective September 1, 2016. (b) Policy and Rule.

1.0 POLICY STATEMENT Consistent with the principles of open administration of justice as provided in Article I, section 10 of the Washington State Constitution, it is the policy of the Okanogan County Superior Court to facilitate access to administrative records. Access to administrative records, however, is not absolute and shall be consistent with exemptions for personal privacy, restrictions in statutes, restrictions in court rules, and as required for the integrity of judicial decision-making. Access shall not unduly burden the business of the Court.

2.0 PURPOSE To establish local procedure surrounding the responsive obligations to record requests in accordance with GR 31.1

3.0 ORGANIZATIONS AFFECTED Superior Court Administration services Juvenile Court Administration services

4.0 REFERENCES Washington State Court Rules: General Rule 31, 31.1

5.0 DEFINITIONS 5.1 "Access"- Access means the ability to view or obtain a copy of an administrative record. 5.2 "Administrative Records" - Administrative Records are records that relate to the management, supervision, or administration of a court or judicial agency. 5.3 "Court Record" - Court record is defined in GR 31(c) 5.4 "Judge" - Judge means a judicial officer as defined in the Code of Judicial Conduct (CJC) Application of the Code of Judicial Conduct Section (A). 5.5 "Public" - The public includes an individual, partnership, joint venture, public or private corporation, association, federal, state, or local government entity or agency, however constituted, or any other organization or group of persons, however organized. 5.6 "Public Record" - Public record includes any writing, except chambers records and court records, containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any court or judicial agency regardless of physical form or characteristics. "Public record" also includes metadata for electronic administrative records. 5.7 "Public Records Officer" means the Superior Court Administrator or their designee. 5.8 "Writing" - Writing means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recording, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilation from which information may be obtained or translated.

6.0 PROCEDURE 6.1 Public records requests received by Superior Court Administration or Juvenile Court Administration will be date-stamped and immediately forwarded to the designated public records officer (PRO) for the Court. 6.2 Public record requests will be screened by the PRO to determine appropriateness and the responsive demand burdened by the Court. Public records requests must be in writing and contain the requester's name, address and phone number. 6.3 All communication shall be documented and recorded by written response to the requester. 6.4 If the record request is vague, unclear, or ambiguous, the PRO will communicate with the requesting party to clarify the request and determine if an alternative request is most appropriate. 6.5 The PRO will respond in writing within 5 business days from the date of request. The response will include whether or not the request is appropriate, and a good faith estimate of a timeframe for response. 6.6 The PRO will track all time associated with researching records. Per GR 31.1 (h) (4), "a fee not to exceed $30 per hour may be charged for research services required to fulfill a request taking longer than one hour. The fee shall be assessed from the second hour onward." 6.7 The PRO will disseminate the requested record within the identified timeframe. If the PRO is unable to meet the timeline or needs additional time to respond, the PRO will comply to the extent possible, and provide a supplemental good faith estimate of a timeframe for completion of the request. 6.8 If the PRO is unable to completely satisfy the request, the PRO will provide a response in writing that justifies any deviation from the terms of the request. The justification must contain the applicable exemption and brief explanation of how the exemption applies to the withheld record.

7.0 LIMITATIONS TO REQUESTS 7.1 Extraordinary record requests limited by resource constraints that complicate response in a timely manner shall be communicated to the requester. The PRO shall attempt to reach an agreement with the requester by suggesting a narrower scope of request and good faith estimate of a timeframe for the response. This may include a scheduled installment of responses. If no agreement is reached, the PRO will comply to the extent possible and inform the requester in writing that the response is completed. 7.2 Record requests involving harassment, intimidation, threats to security, or criminal activity may be denied if the PRO determines that the request was made to harass or intimidate the court or its employees; fulfilling the request would likely threaten the security of the court; fulfilling the request would likely threaten the safety or security of judicial officers, staff, family members of judicial officers or staff, or any other person; or fulfilling the request may assist criminal activity.

8.0 REVIEW OF RECORDS DECISIONS 8.1 The PRO's response to a public records request shall include a written summary of the procedures under which the requesting party may seek further review by the presiding judge, or designated judge. This further review will be identified as "internal review." The written summary will also include direction for requesters to find the appropriate forms to submit a petition for internal review. 8.2 The internal review process petition must be submitted by the requesting party within 90 days of the PRO's decision. 8.3 The review and decision by the presiding judge or designated judge, shall take place within 5 business days from the date that the agency receives the request for internal review. The internal review is informal and summary. 8.4 If the requesting party has exhausted the internal review process by the presiding judge or designated judge, the requesting party may pursue further review (identified as "external review") by chosen one of the following two methods: (a) The requesting party may use a judicial writ of mandamus, prohibition, or certiorari to file a civil action in superior court challenging the records decision. (b) The requesting party may seek informal review by a visiting judicial officer. The requesting party shall submit a request in writing to Okanogan County Superior Court Administrator to arrange for external review by a visiting judicial officer. 8.5 The external review process must be submitted within 30 days of the decision issued from the internal review process under section 8.3. 8.6 The external review submission date is identified as the date a civil action is filed, as provided under section 8.4(a) or the date the Superior Court Administrator receives the request for external review.

Effective September 1, 2016

LR 1. TITLE AND SCOPE

(a) Preface. These rules shall take effect on September 1, 2013, and supersede all prior rules of this court. The previous rules which were adopted effective January 2, 1995, September 1, 2000 and September 1, 2010 are hereby replaced. Forms listed in Appendix A shall be effective September 1, 2013. These rules shall be known as the Local Rules of the Superior Court of the State of Washington for Okanogan County. These rules may be cited in the following form: "LR", "LGR", "LGALR", "LMAR" and "LSPR". (b) Scope. These rules apply to all matters now pending and hereafter filed in the Okanogan County Superior Court. To the extent these rules conflict with statewide rules, the statewide rules apply. Okanogan County Superior Court will follow Washington State Court Rules and only promulgate local rules as deemed necessary. (c) Waiver and Construction. Any provision of these rules may be waived or modified by order of the court for good cause shown, or as required in the interest of justice. These rules should be construed to promote the fair, just and expeditious resolution of disputes.

Amended Effective September 1, 2016

LR 1A. JUDICIAL POSITIONS

(a) Judicial Positions. RCW 2.08.065 provides that there shall be two superior court judges for Okanogan County.

(b) Commissioners. The court may appoint up to three Court Commissioners and such pro tem Commissioners and pro tem Judges as are necessary, in the judgment of the court, to complete the business of the court. (c) Authority of Commissioners. Court Commissioners shall perform duties as assigned by the court and shall have all powers conferred by law, including the authority to accept pleas in criminal matters. Commissioners may perform other duties as stipulated by the parties if authorized by the court.

Amended Effective September 1, 2013

LR 4.3 PRO SE APPEARANCE

Pro Se. All Pro Se litigants (being those individuals representing themselves) shall be required to file a Pro Se Notice of Appearance (Form WPF DRPSCU 01.0320). The form must include that party's full name, signature, mailing address, email addresses (if available) and telephone number. A new form must be filed in the event of a change in address or phone number. Parties who fail to comply with this order may have sanctions imposed by the court, including their pleadings stricken, or other court action without notice. A copy of the Pro Se Notice of Appearance should be attached to any request for trial setting submitted to the court's Judicial Assistant. A form for this purpose may be obtained from the court's website, Judicial Assistant or family law facilitator. Petitioners in domestic violence or civil harassment cases may provide alternate address and contact information where their physical address is confidential.

Amended Effective September 1, 2014

LR 7. CIVIL MOTIONS (a) Scope of Rules. Except when specifically provided in another rule, this rule governs all motions in civil cases. (b) Dates of Filing, Hearing and Consideration. (1) Filing. The moving party shall serve and file the motion and supporting documents no later than five court days before the date the party wishes the motion to be considered. (2) Opposing Documents. Any party opposing a motion shall file and serve the original responsive papers in opposition to a motion with the clerk, serve copies on parties, and deliver working copies to the hearing judge no later than twenty-four hours or one (1) judicial day before the date the motion is to be heard by the court. (3) Opposing/Supplemental Documents. IF PLEADINGS ARE FILED WITHIN FORTY-EIGHT (48) HOURS OF THE HEARING DATE, COUNSEL MUST NOTIFY THE CLERK'S OFFICE AND ENSURE THE DOCUMENTS ARE SCANNED INTO THE ELECTRONIC FILE FOR THAT CASE. (4) Scheduling Oral Argument. Contested motions shall be scheduled on the Superior Court's regularly scheduled Law & Motion Calendar unless otherwise specified in (b)(4). (4) Limitation of Arguments. Oral arguments on the Law & Motion Calendar shall be limited to ten (10) minutes per side. If it is anticipated by either party that oral arguments will be more than ten (10) minutes per side, that party shall contact the Judicial Assistant to request a special setting. (6) Working Copies. Any Working copies of the motion and all documents in support or opposition, as herein required, shall be delivered to the Judicial Assistant as set forth in section (d). (c) Motions for Revision of a Commissioner's Order. For all cases except juvenile and involuntary treatment proceedings: (1) Motion for Revision. A motion for revision of a commissioner's order or judgment shall be served and filed within ten (10) calendar days of entry of the written order, as provided in RCW 2.24.050, along with a written notice of hearing that gives the other party at least five (5) Judicial days' notice of the time, date and place of the hearing on the motion for revision. The motion shall identify the error(s) claimed. (2) Hearing. A hearing on a motion for revision of a commissioner's order shall be scheduled within a reasonable time of entry of the commissioner's order. (3) Materials Submitted. All motions for revision of a commissioner's order shall be based on the written materials and evidence submitted to the commissioner, including documents and pleadings in the court file. The moving party shall provide the assigned judge a working copy of all materials submitted to the commissioner in support of and in opposition to the motion, as well as a copy of the electronic recording, if the party wishes the electronic recording to be considered. Oral arguments on motions to revise shall be limited to ten (10) minutes per side. (4) Pending Order Effective. The Commissioner's written order shall remain in effect pending the hearing on revision unless ordered otherwise by a Judge. (d) Judge's Working Copies. Working copies for the judge's use shall be provided as follows: all summary judgment materials including briefs and supporting materials; all briefs and supporting materials for any specially set matter; trial briefs, motions in limine, witness lists and similar material. Working copies of exhibits should be provided to the court during all civil trials. WORKING COPIES SHALL BE DELIVERED TO THE JUDICIAL ASSISTANT AT OKANOGAN SUPERIOR COURT OR MAILED TO OKANOGAN SUPERIOR COURT AT P.O. BOX 112 OKANOGAN, WA 98840 NO LATER THAN FIVE DAYS PRIOR TO THE COURT HEARING DATE. ALL WORKING COPIES MUST HAVE THE HEARING DATE AND TIME ON THEM. (e) Telephonic hearings. Telephonic hearings are authorized for most matters other than trial upon stipulation by the parties and upon court approval or upon the court's own action. The record of such hearings will be electronically recorded. (No cellphones or in-office conferencing equipment shall be used by either party.) If authorized for regular motion calendars, arrangements shall be made through the County Clerk's Office. For all other hearings, arrangements shall be made through the Judicial Assistants. (f) Cancellation or Continuance. When the parties wish to cancel or continue special set matters or law and motion matters, the party who originally set the hearing must notify the Superior Court Clerk (509)422-7275 at least twenty-four (24) hours before the scheduled hearing. Notice must also be provided to the Judicial Assistant at (509)422-7093 and/or an email addressed to the [email protected] (g) Interpreter Services. When there is an individual before the court who is limited English proficient (LEP) involved in litigation, it is the attorney's or individual's (if Pro Se), responsibility to make timely prior arrangements for an Interpreter thru the Office of the Interpreter Coordinator at (509)422-7198 or by email at [email protected] Amended Effective September 1, 2018

LR 10 FORM OF PLEADINGS AND OTHER PAPERS

Captions. Use of Mandatory Forms. Where the Administrative Office of the Court has prepared mandatory forms, the parties shall comply with the format and style rules for mandatory forms as published by the Administrative Office of Courts, including use of SCOMIS codes. See: http://www.courts.wa.gov/forms/?fa=forms.static&staticID=4

Amended Effective September 1, 2015

LR 16. PRETRIAL PROCEDURE AND FORMULATING ISSUES (a) Pre-Trial Conferences. Pre-trial Conferences are required in all cases except family law cases. Any order for a pre-trial conference shall be in the form of and include the provisions as set forth in Appendix A Form A-6. The pre-trial conference shall be held not less than twenty-one (21) calendar days prior to the trial date. (b) Pre-Trial Order. A pre-trial order as set forth in Appendix A Form A-7 shall be prepared by counsel within fourteen (14) calendar days after the conclusion of the pre-trial conference. (c) Exhibits. Parties shall notify the trial judge and the opposing party by letter if that party anticipates offering twenty-five (25) exhibits or more at the time of trial. Said notice shall be given no less than fourteen (14) calendar days prior to the trial date. (d) Settlement Conferences. (1) On Motion by Party. Any party in any pending case may serve and file a motion for a settlement conference. (2) On Court's Motion. The court to which a case is assigned for trial may, upon its own motion after a trial date has been set, order a settlement conference in any pending case, and a settlement conference shall be held unless all parties file objections thereto. (3) Subsequent Motion by Party. Where a motion for a settlement conference has been defeated by the filing of an objection, any future motion must be made upon a showing of a significant change in circumstances. (4) Order for Settlement Conference. Upon the entry of an order for a settlement conference, the judge shall fix a specific date and hour for the conference. If either party has a limited ability to speak or understand the English Language then the order shall provide for an interpreter and identify the language needing interpreting. The party presenting such order for entry shall at the time of entry provide a copy to the Judicial Assistant. (5) Preparation and Attendance. The attorney in charge of each party's case shall personally attend all settlement conferences and shall, not less than five (5) days prior to the date set for the settlement conference, serve on the settlement judge and the attorney for the opposing party a letter succinctly addressing the following: a. A brief factual summary; b. Issues regarding liability; c. Issues regarding damages,both special and general d. History of any settlement negotiations; and e. Current position on settlement. In family law cases, counsel, Pro Se, or self-represented parties shall also serve, not less than five (5) days prior to the date set for the settlement conference, on the settlement judge and attorney for the opposing party the completed Asset & Debt Matrix (Appendix A form A-1) and financial declaration (WPF DRPSCU 01.1550) Each attorney shall be prepared to discuss the foregoing in detail at the settlement conference. (6) Attendance of Parties. The parties shall in all cases attend the settlement conference. Only parties and attorneys shall be present during the settlement conference unless unwise allowed by the court. In subrogation cases, brought in the name of the insured party, an insurance company representative need not personally appear, provided that counsel appears and has settlement authority. Alternatively, the insurance company representative must be available by telephone or other means to authorize settlement. Parties whose defense is provided by a liability insurance company need not personally attend said settlement conference, but a representative of the insurer of such party, if such a representative is available, shall attend with sufficient authority to bind the insurer to a settlement. In the event such a representative is not available, counsel representing the party whose defense is provided by the insurer shall make a good faith effort to obtain settlement authority to bind the insurer to a settlement prior to the settlement conference. Upon timely request, attendance of any party may be excused by the court where by reason of health, or other good and sufficient reason, compelling their personal attendance would be unduly burdensome. (7) Proceedings Privileged. Proceedings of said settlement conference shall, in all respects, be privileged and shall not be reported or recorded. When a settlement has been reached, the judge may, at the request of any party, order the settlement to be reported or recorded. (8) Sanctions. Where a party has failed to comply with any of the provisions of this rule the court shall make such orders as are just, which shall include the award of reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. These sanctions may also include a court services assessment up to a sum of one thousand dollars ($1,000.000) to cover judicial and court staff. (e) Agreed Statement of the Case. In all civil jury trials the parties shall jointly prepare a neutral and agreed summary description of the case. The court will read that statement during the orientation phase of selection. Amended Effective September 1, 2018

LR 38. JURY DEMAND

Civil Jury Demand. Any demand for a jury in a civil proceeding shall be submitted in writing to the Superior Court Clerk and the Judicial Assistant.

Amended Effective September 1, 2013

LR 40. TRIAL SETTING AND PRE-TRIAL PROCEDURES (a) Trial Setting. Any party may request a trial setting by use of the Request for Trial Setting form (Appendix A forms A-8 and A-9) which can be obtained from the Court's website or Judicial Assistant. The form must be served on all opposing counsel or Pro Se parties and delivered to: Office of the Judicial Assistant, PO Box 112, Okanogan, WA 98840 [email protected] Opposing counsel and any Pro Se party shall prepare, serve and file any response to the request within fourteen (14) days. All counsel and Pro Se parties must provide unavailable dates on the form or by separate attachment. The listing of a date as unavailable is a request not to have trial set on that date. Such requests must be reasonable and should not result in unnecessary inconvenience or undue delay. (b) Multiple Settings and Priorities. The Judicial Assistant sets trial dates based upon the information provided in the Request for Trial Setting and Response. Because of scheduling difficulties, the Judicial Assistant may give cases multiple settings with some of those being second or third place settings. Counsel and parties should be prepared for trial regardless of the priority of a specific setting. Second and third set cases are often called for trial. Counsel and parties with second and third settings are required to maintain awareness of the status of their trial setting by contacting the Judicial Assistant who will endeavor to provide current information on the status of cases set with higher priority. (c) Settlement Confirmation. In the event parties and or their counsel reach a resolution and/ or settlement of their action, then the counsel and/or pro se party shall immediately, but not more than two (2) judicial days after executing a settlement document (ie decree, order or stipulation), shall notify and provide a copy to the Judicial Assistant by either email or in hand. Failure to provide this notification to the Judicial Assistants may result in sanctions, as provided hereinafter, against the parties and/ or counsel. (d) Trial Confirmation. All counsel and Pro Se parties shall confirm by contacting the Judicial Assistant that the scheduled trial is ready to proceed. Confirmation should be made no later than noon (12:00pm) two (2) judicial days prior to the scheduled trial date. Failure to confirm may result in trial being stricken. (e) Scheduling. Scheduling letters may be issued by the Judicial Assistant. However, they may not address issues such as discovery cutoff, disclosure of experts and any other scheduling issues except trial dates and pre-trial conference dates. The court may issue scheduling orders as appropriate for a case. (f) Sanctions. Where a party has failed to comply with any of the provisions of this rule the court shall make such orders as are just, which shall include the award of reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. These sanctions may also include a court services assessment up to a sum of one thousand dollars ($1,000.000) to cover judicial and court staff. Amended Effective September 1, 2018

LR 47. JURORS

(a) Jury Selection. Juries will be selected by the method commonly known as the "struck juror system." Before the process begins the clerk will randomly assign sequential numbers to all prospective jurors, who have appeared, and will seat them in the courtroom in that order. The judge and counsel will be provided with a seating chart or a roster of the panel as seated. (b) Alternate Juror. In lieu of the procedure designated by statute, the parties may stipulate that the alternate juror be designated by random drawing to be announced after closing argument.

Amended Effective September 1, 2013

LR 51. INSTRUCTIONS TO JURY (a) Jury Instructions and Note-Taking. The court allows jurors to take notes and provides written copies of instructions to each juror. Juror notes are destroyed at the end of trial. The copies of instructions provided to jurors are not preserved. (b) Jury Instructions. Each party shall file one cited and numbered copy of proposed instructions with the clerk in order to preserve the record. Each party shall also provide one cited and numbered copy and one un-cited, un-numbered and un-stapled copy of instructions to the court's Judicial Assistant for the judge's use. The parties shall provide a copy of their instructions on disk to the court's Judicial Assistant at the beginning of the trial. Written instructions in civil cases shall be provided by the time of the pre-trial conference or five (5) judicial days prior to commencement of trial. Amended Effective September 1, 2018

LR 56. SUMMARY JUDGMENT AND OTHER SPECIAL SETTINGS

(a) Summary Judgment/Special Settings. Summary Judgments as per CR 56 or hearings requiring more than ten minutes per side to argue must be specially set and arranged by contacting the Court Judicial Assistant (509)422-7093. No hearing will be set without the motion and notice of hearing filed with the Superior Court Clerk. Matters requiring less than ten minutes per side may generally be placed on the appropriate Law and Motion calendar. Upon filing with the clerk a copy of the notice shall be emailed to Superior Court email address [email protected] Failure to do so shall result in the hearing being stricken. (b) Summary Judgment Confirmation. Summary judgment hearings must be confirmed by calling/emailing [email protected] to the Judicial Assistant forty-eight (48) hours before the scheduled hearing (509)422-7093. Failure to comply may result in cancellation.

Amended Effective September 1, 2014

LR 59. NEW TRIAL, RECONSIDERATION, AND AMENDMENT OF JUDGMENTS

(a) Motion and Notice of Hearing. The form of motion and notice of hearing shall conform to LCR 7(b). The motion will be considered without oral argument unless called for by the court. (b) Response and Reply. No response to a motion for reconsideration shall be filed unless requested by the court. No motion for reconsideration will be granted without such a request. If a response is called for, a reply may be filed within two days of service of the response. (c) Form of Proposed Order; Mailing Envelopes. The moving party and any party given leave to file a memorandum in opposition shall attach an original proposed order to the working copies submitted to the hearing judge. If the working copies are submitted in paper form, pre-addressed stamped envelopes for each party/counsel shall also be submitted to the hearing judge. Working copies shall be submitted pursuant to the requirements of LCR 7(d) to the extent not inconsistent with this rule.

Amended Effective September 1, 2014

LSPR 94.04.01 FILINGS IN FAMILY LAW AND NON-MARITAL RELATIONSHIPS

(a) Application of Rule. This rule shall apply to all of the following types of cases that were filed after September 1, 2013: (1) Family law. Petitions seeking dissolution of marriage, legal separation, or declaration of invalidity; and (2) Non-marital. Actions brought by parties to non-marital relationships involving parenting or distribution of assets/liabilities. (b) Court's Automatic Temporary Restraining Order. Upon the filing of a Summons and Petition in any of the actions specified above, the court shall issue an Automatic Temporary Restraining Order, for which no fees will be imposed, using the form set forth in Appendix A FORM A-3. The Petitioner is subject to this order from the time of filing the Petition. The Petitioner shall serve a copy of this order on the Respondent and file a declaration of service in the court file. The Respondent is subject to this order from the time that the order is served. (c) Limitations on Declarations (1) Application. This rule shall apply to all family law motions, motions in paternity actions and actions to establish residential schedule, and domestic violence and anti-harassment hearings. (2) Formats.

(a) All motions and pleadings in support thereof, shall use mandatory forms where applicable, follow the format required by GR 14, and meet the requirements of GR 31. (b) All declarations shall contain information that provides the court with foundational information such as the name of the declarant, relationship to one or both of the parties, age, education, city and state of residence, and occupation. This information shall be provided in summary fashion at the beginning of each declaration. (c) All filed documents shall be legible. If typed or computer printed, documents shall be in 11 point or larger type and double-spaced. (3) Page limitations. Absent prior authorization from the court, the entirety of all declarations and affidavits from the parties and any non-expert witnesses in support of motions, including any reply, shall be limited to a total of 15 pages. The entirety of all declarations and affidavits submitted in response to motions shall be limited to a sum total of 10 pages. This rule shall be qualified as follows: (a) Exhibits. Exhibits that consist of declarations, statements, affidavits or any narrative document of parties or witnesses shall count toward the above page limit. All other exhibits attached to a declaration or affidavit shall not be counted toward the page limit. (b) Expert Reports and Evaluations. Declarations, affidavits, and reports from Guardians ad litem and similar expert witnesses shall not count toward the above page limit. (c) Previously considered declarations. 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 shall not count toward the above page limit. Such declarations or affidavits shall be counted, however, if the court is expected or is being requested to read such prior declarations and affidavits as a part of a present motion.

(d) Basic pleadings and financial declarations. The above page limits shall not apply to basic pleadings and financial declarations. (4) Children's Statements. Declarations by minors are disfavored and the court may in its discretion refuse to consider such declarations. (5) Rules of Evidence apply. All submissions, including written materials in affidavits and declarations by the parties and witnesses, must comply with the rules of evidence. All declarations shall be based upon personal knowledge. Violations of this subsection may result in sanctions as set forth hereinafter. (6) Inappropriate submissions. Unless prior permission of the court is obtained, the parties shall not submit inappropriate or pornographic materials. If permission to submit or file such material is granted, it should be filed in the confidential section of the file. (7) Consequences of Non-Compliance. The court, if it finds that one or both of the parties have violated this rule, may in its discretion assess terms, may require that the matter be stricken or continued, or may refuse to consider those materials that violate this rule. (8) Procedure for Court Authorization to Exceed or Excuse Limitations. The court will not entertain any motion or objection with respect to a request to exceed or excuse the limitations of this rule unless counsel or the parties have first conferred with respect to the motion or objection. Counsel or the parties shall arrange for a mutually convenient conference in person or by telephone. If, after conferring, one or both of the parties believe that the limitations of this rule should be excused, then they shall arrange a telephone conference or appearance before the assigned Judge if they are reasonably available, or if the assigned Judge is not available then they shall arrange a telephone conference or appearance before any available judicial officer to have the court determine if the rule should be excused.

(d) Service of Financial Declarations and Assets & Debt Matrix. Within thirty (30) calendar days after the filing of an answer or other responsive pleading in any of the actions specified above, each party shall be required to serve the following documents on the opposing party: (1) Petitioner's Obligation. Upon receipt of the answer or response, the Petitioner shall, within fifteen (15) calendar days serve their Verified Financial Declaration and Verified Statement of Assets & Debt Matrix upon the Respondent. (2) Respondent's Obligation. Upon receipt of declaration and financial statements as per (c) (1) above from Petitioner, the Respondent shall, within fifteen (15) calendar days, serve Petitioner a Verified Financial Declaration and Verified Statement of Assets & Debt Matrix. (3) Parties' Obligations. Each party shall then file with the court a Declaration of Mailing, attesting that the Financial Declaration and Verified Statement of Assets & Debt Matrix has been provided to the other party within the thirty (30) calendar day time limit. All parties have a duty to supplement the financial information when additional information becomes available. (4) Final Statement. The parties final Verified Statement of Assets & Debt Matrix shall be filed with the court within fourteen (14) calendar days of any scheduled trial. The Verified Financial Declarations must be filed with the court in cases involving a request for child support, maintenance or attorney's fees. (e) Pro Se Review. Any party representing themselves (Pro Se) shall have their pleadings (except petitions for domestic violence protection orders, anti-harassment protection orders or sexual assault protection orders) reviewed by the Court's Facilitator. This does not prevent anyone from filing or scheduling a hearing; however to avoid delays and in consideration of court efficiency their pleadings must be reviewed as follows: (1)Temporary Motion/Orders. For temporary orders or motions at least two (2) judicial days prior to scheduled hearing (2)Final Orders/Decrees. For trials parties shall see the facilitator at least forty-five (45) calendar days prior to scheduled trial. The Court's Facilitator may review further pleadings as necessary however; any pleadings required for completion (finalization) of the action shall be reviewed. Any pleadings required to be reviewed may be reviewed by an attorney acting as a third-party neutral in accordance with RPC 2.4, or a Limited License Legal Technician as per APR 28 who shall certify the pleadings as reviewed using the form in Appendix A form A-2.

Amended Effective September 1, 2016

LSPR 94.04.02. PARENTING SEMINARS

(a) Applicable Cases. This rule shall apply to all cases under Chapter 26.09, 26.10, or 26.26 RCW which require a parenting plan or residential schedule for minor children, including major modifications and paternity actions in which paternity has been established. (b) Mandatory Attendance. Except as provided in Section (e) below, within ninety (90)calendar days of filing an appearance, answer or other responsive pleading in this action, both parties shall attend, a court-approved parent education seminar on the effects of family transitions on children, unless the parties have previously attended such a course. The court may also accept any comparable class that has been approved by any other superior court. (Contact Superior Court at (509)422-7130 for a list of approved seminars/courses) [email protected] (c) Certificate of Completion. Upon completion of the seminar or prior to presentment of final documents, each party shall file with the Superior Court Clerk the seminar completion certificate provided by the sponsoring agency or provider. (d) Fees. Each party shall be responsible for paying any fees charged by the approved provider. (e) Waiver/Special Consideration. Any waiver of attendance or special consideration may be made in accordance to RCW 26.12.172 or for good cause. (f) Exchange of Parenting Plans. Within twenty-one (21) calendar days of completing the parenting seminar, each parent shall provide the other parent with a Proposed Parenting Plan, or may submit a mutually agreed proposed parenting, or a joinder. (g) Failure to Comply. Willful refusal to participate in a parenting seminar or willful delay in completing or failure to exchange/ provide a proposed parenting plan may result in a finding of contempt and imposition of sanctions. The Court may decline to enter finalization documents until both parents have completed the seminar.

Amended Effective September 1, 2015

LSPR 94.04.03 MANDATORY MEDIATION

(a) Mediation in Contested Cases. Except as provided in Section (b) below, in all Family law petitions seeking dissolution of marriage, legal separation, or declaration of invalidity; and actions brought by parties to non-marital relationships involving parenting or distribution of assets/liabilities having unresolved issues, both parties shall in good faith engage in mediation with Okanogan County Dispute Resolution Center, licensed attorney, mediation service or individual trained(certificated)in this specialized area in an effort to resolve the case. In cases where parenting issues exist, the mediation shall not occur until both parties have completed the parenting seminar. Mediation shall be completed prior to any settlement conference except as per subsection (b). (b) When Mediation may not be required. Mediation shall not be required, but is encouraged, as provided in Section (a) in the following cases: (1) Good Cause. For good cause shown upon motion and approval by the court; or (2) Indigent. Upon determination of a party's indigence through procedures under GR 34 as implemented by the court; or (3) Domestic Violence. Where a Domestic Violence or Anti-Harassment order is currently in effect, involving the parties and/or their dependent children whether it exists pursuant to RCW 10.99 or RCW 26.50 or RCW 26.09.016. parties and/or their dependent children whether it exists pursuant to RCW 10.99 or RCW 26.50 or RCW 26.09.016. (c) Requests for Mediation. If not required under subsection (b) above, either party may by motion seek a court order requiring mediation if that party can demonstrate that it can be accomplished in a safe and reasonable manner. (d) Subsequent Proceedings. If, after mediation in good faith or where mediation is not required, there remain unresolved issues, then a may be submitted pursuant to LR 16(d) and LR 40(a). (e) Effect on Court Proceedings. Mediation does not stay or otherwise affect the rights and duties of the parties established by statute, court rule, or court order. The court may enter temporary orders and the parties may conduct discovery prior to or during the mediation process. (f) Cost of Mediation. Mediators shall be paid by the parties in accordance with the agreement of the parties, or in the absence of agreement, as determined in mediation. (g) Responsibility for Compliance. The parties shall be responsible for arranging for and completing all mediation requirements established under this rule. (h) Failure to Comply. Willful refusal to participate in mediation or willful delay in completing mediation or non-compliance may result in a finding of contempt and imposition of sanctions. (i) Approval of Mediators. Mediators performing mediation services pursuant to this rule must fulfill the minimum qualifications set forth in Appendix B. (j) Selection of Mediator. The parties shall agree on the mediator. If they cannot agree then each party shall submit a list of proposed mediators to the court. The court shall then select from the proposed mediators. A mediator has the right to decline to serve in a particular case. If a mediator declines to serve, the parties or the court shall select a different mediator, using the same selection process by which the preceding mediator was selected. (k) Authority of Mediator. The mediator has the authority to determine the time, place, manner, and duration of mediation. In appropriate cases, the mediator shall have the authority to terminate the mediation prior to completion. (l) Attendance at Mediation. The parties shall personally attend all mediation sessions, unless the mediator permits telephonic or other attendance. The mediator shall have the authority to require other persons to attend. (m) Declaration of Completion. Within seven (7) days of completion of mediation, a declaration that mediation has been completed shall be filed with the court by the mediator. The mediator shall advise counsel and the parties of the results of mediation in writing. The mediator shall advise the court only whether an agreement has been reached on some or all of the issues. (n) Confidentiality. The work product of the mediator and all communications during the mediation shall be privileged and confidential and not subject to compulsory disclosure. The mediator shall not appear to testify in any court proceedings. See RCW 5.60.070. Amended Effective September 1, 2018

LSPR 94.04.04 PROCESS UNDER GR 34

Application process. Any individual, deemed indigent as defined under GR 34(a)(3), shall make an application to the Court's Judicial Assistant prior to submission of any pleadings or filings to the Okanogan County Clerk. The Judicial Assistant shall submit the application to the Judicial Officer for consideration as per GR 34(a)(2).

Amended Effective September 1, 2013

LGALR 1. SCOPE AND DEFINITIONS

Scope and Purpose. This local rule covers the maintenance and administration of the Guardian ad Litem Registry by the Judicial Assistants.

Amended Effective September 1, 2013

LGALR 2. GENERAL RESPONSIBILITIES OF GUARDIAN AD LITEM

(a) Education and Experience Requirements. (1) Attorneys (a) Member of the Washington State Bar Association in good standing; and (b) For initial placement on registry, completion of any training as required by statute. For retention on registry, completion of any continuing training, as may be required by statute or the court from time to time.

(2) Non-attorneys (a) For initial placement on registry, completion of any training as required by statute. An individual must have a Bachelor's Degree from a fully accredited college or university in social/behavioral sciences, criminal justice, counseling or other closely related field with a minimum of two years' work experience in the field. At the sole discretion of the Presiding Judge, or their designee, a combination of relevant education, training and experience may be accepted in lieu of, or as an equivalent to, the educational and/or experience requirements. For retention on registry, completion of any continuing training, as may be required by statute or the court from time to time. (b) New registry GAL's shall complete observation hours as determined by the court. (b) Application and Annual Renewal. Any application shall be submitted on a form provided by the court and shall be renewed annually by date specified by the court. The application shall include the following: (1) The name, business address, and telephone number of the applicant. (2) The level of formal education of the applicant and, if the applicant is an attorney, the year admitted to practice in Washington State and any other States in which the attorney is licensed to practice. (3) A listing of training relating to the GAL's duties. (4) The number of years' experience as a GAL. (5) The number of appointments as a GAL, Counties of appointment and types of matters. (6) The applicant's criminal history as defined by RCW 9.94A.030.

(7) The applicant shall be fingerprinted at the Okanogan County Sheriff's Department. (8) Any additional evidence of applicant's education, knowledge, training, and experience. (9) A statement describing the nature, status, and outcome of any complaints, investigations, disciplinary actions, lawsuits, or liability claims lodged against the GAL related to the person's duties as a GAL or their profession along with any orders for removal of the GAL entered prior to the completion of the GAL's duties for any reason other than a conflict of interest where the GAL had no prior knowledge that the conflict existed. (10) A description of the fees to be charged by the applicant (hourly rate and any required retainer) and a statement of the applicant's willingness to accept cases on a reduced fee basis. (11) Agreement to advise the court immediately in the event of any complaint, investigation, or action being commenced related to the applicant's duties as a GAL in the instant or any other case which could lead to: (a) Discipline of the applicant; (b) The suspension or revocation of the applicant's professional license(s). (12) Agreement to advise the court immediately upon the filing of criminal charges for a felony or a crime involving allegations of theft, dishonesty, or moral turpitude. (c) Retention on Registry. (1) Persons on the registry shall promptly inform the court of any temporary unavailability to serve, or of their intent to resign from the registry. (2) A person shall remain on the registry unless the person fails to maintain a current application with attachments or the person is removed or suspended as set forth in Section (g). (3) A person may be denied listing on, or may be temporarily suspended from, the registry for any reason that places the suitability of the person to act as GAL in question. (4) A GAL who ceases to be on the registry and who still has active or incomplete cases shall immediately report this circumstance to the Registry Administrator, who shall reassign such cases. (5) A person's retention on the registry shall be reviewed upon the court's receipt of a complaint regarding performance in office or the court's receipt of adverse information regarding the suitability of a person to serve as a GAL. Complaints shall be reviewed in accordance with Section (g).

Amended Effective September 1, 2014

LGALR 5. APPOINTMENTS OF GUARDIAN AD LITEM (a) Appointment of a Guardian ad Litem from Registry. (1) For Title 26 cases only in cases where the parties agree, any GAL from the registry may be appointed. (2) In Title 11 cases or in Title 26 cases where the parties cannot agree, a party needing an appointment from a GAL registry shall request the same from the Registry Administrator. If the requesting party is represented by counsel, the attorney shall then contact the proposed GAL to determine if he/she is available to serve. If the requesting party is pro se, the Registry Administrator shall contact the proposed GAL to determine if he/she is available to serve. The person whose name next appears on the registry on a rotational basis shall be appointed, subject to that person's acceptance of the appointment. (3) The person appointed by the Registry Administrator shall serve upon the parties a notice of appointment. (4) Any order providing for the appointment will then be submitted to the Registry Administrator within three days. (5) Once an appointment has been made all GAL's shall have free access to appropriate documents through the Odyssey Portal Superior Court Case Management System. (6) All parties shall serve on the GAL copies of everything they file once an appointment has been made. (b) Registry Administration. The court shall maintain a GAL registry and appoint a registry administrator (Judicial Assistant). The registry is limited to RCW Titles 11.88, 13 and 26 GAL's. These requirements and procedures apply to persons whether listed or not listed on the registry who is appointed to serve as a Guardian ad Litem. (1) The Court shall maintain an application form and background information records pertaining to each person. Persons shall reapply and update background information annually on a date specified by the court. All application and background information, with the exception of personal identifying information in family law cases and pending complaints, shall be available for public inspection. (2) Persons shall be selected for appointment at the discretion of the Court giving due consideration to: (a) Having a sufficient number of GAL's available to fulfill the requests for appointment; (b) Achieving and maintaining diversity; and (c) Retaining panels of persons with substantial experience and special knowledge within given fields. In some cases there may be more qualified applicants that will be needed or would benefit the program, so that not all persons applying will be selected. (d) All Guardian Ad Litem's shall comply with RCW 26.12.177 (3) The court may periodically sponsor or approve training programs which registry applicants shall be required to attend to maintain and improve their level of proficiency. Training programs may be co-sponsored or offered by the state or local bar association under the oversight of the court. (4) The registry may be reconstituted as necessary. The court may allow additional applicants to be added to the registry upon approval of applicant. (5) The court may impose an application processing fee and/or charge a fee for the training programs. Amended Effective September 1, 2018

LGALR 7. GRIEVANCE PROCEDURE Grievance Procedure. (1) There shall be a grievance review committee consisting of the Superior Court Presiding Judge, the Court Administrator and a representative of the Okanogan County Bar Association as appointed by the then County Bar President. This attorney shall be compensated at an hourly rate of one hundred fifty dollars an hour not to exceed six hours unless otherwise authorized by the Presiding Judge. (2) All grievances must be in writing and must be submitted to the Superior Court Presiding Judge or Administrator. (3) Upon receipt of a written grievance, the Presiding Judge or Administrator shall convene the Grievance Review Committee within ten (10) business days to review the grievance. Upon review of the grievance, the Grievance Review Committee shall either: (a) Make a finding that the grievance has no merit on its face, and decline to review the grievance and so inform the complainant; or (b) Make a finding that the grievance does appear to have merit and request a written response from the GAL within ten (10) business days, detailing the specific issues in the grievance to which the Committee desires a response. The Committee shall provide the GAL with a copy of the original grievance. A GAL's failure to respond within the required ten (10) business days will result in the immediate suspension of the GAL from all registries. (c) In considering whether the grievance has merit, the Grievance Review Committee shall consider whether the grievance alleges the GAL has: (1) Violated the code of conduct; (2) Misrepresented his or her qualifications to serve as GAL;

(3) Not met the annual update requirements set forth in Section (d)of this policy; (4) Breached the confidentiality of the parties; (5) Falsified information in a report to the court or in testimony before the court; (6) Failed to report abuse of a child; (7) Communicated with a judicial officer ex-parte; (8) Represented the court in a public forum without prior approval of the court; (9) Violated state or local laws, rules, or this policy in the person's capacity as a GAL; or, (10)Taken or failed to take any other action which would reasonable place the suitability of the person to serve as GAL in question. (4) Upon receipt of a written response to a complaint from the GAL, the Grievance Review Committee shall, (4) Upon receipt of a written response to a complaint from the GAL, the Grievance Review Committee shall, within ten (10) business days, make a finding as to each of the issues delineated in the Committee's letter to the GAL that either there is no merit to the issues based upon the GAL's response or that there is merit to the issue. The Review Committee may, at their discretion, extend the time for entering findings to conduct additional investigation if necessary; however, in no case shall that extension be for more than twenty (20) business days and the GAL shall be notified. (5) The Grievance Review Committee shall have the authority to issue a written admonishment, a written reprimand, refer the GAL to additional training or recommend to the court, upon its own motion, to remove the GAL from the instant case, or suspend or remove the GAL from the registry. In considering a response, the Committee shall take into consideration any prior grievance which resulted in an admonishment, reprimand, referral to training, removal of the GAL from a particular case, or suspension or removal from a registry. If a GAL is listed on more than one registry, the suspension or removal may apply to each registry the GAL is listed on at the discretion of the Committee. (6) The complainant and the GAL shall be notified in writing of the Committee's decision within 10 business days of receipt of the GAL response.

Amended Effective September 1, 2014

LGALR 8 COMPENSATION

Payment of Guardian ad Litem (1) There shall be no payment of a GAL by anyone, except as authorized by order of the court. (2) Each order appointing GAL shall set forth the hourly rate of compensation and/or a monetary limit for the investigative/legal work; source of payment, if determined; and unless waived, shall require the GAL to seek prior court authorization to provide services in excess of the time and/or amount previously authorized by court order including court appearances. (3) The order appointing a GAL may include a provision for an advance payment on fees and proportionate responsibility for payment to the GAL. (4) All fee requests by the GAL submitted to the court shall contain time records, which distinguish investigative/legal, administrative/clerical, and travel time and shall also be served upon the parties. (5) GAL fees shall be the responsibility of a party or parties unless the court has entered an order authorizing payment at public expense. Any limitation shall be established by the court at the time of the initial appointment.

Amended Effective September 1, 2015

LMAR 1.2 Mandatory Arbitration of Civil Actions Scope and Purpose. The purpose of mandatory arbitration of civil actions under RCW 7.06 as implemented by the Mandatory Arbitration Rules is to provide a simplified and economical procedure for obtaining the prompt and equitable resolution of disputes involving claims of $100,000.00 or more if the parties so stipulate pursuant to Superior Court Mandatory Arbitration Rules (MAR) 1.2 and 8.1. The Mandatory Arbitration Rules as supplemented by these local rules are not designed to address every question which may arise during the arbitration process, and the rules give considerable discretion to the Arbitrator. The Arbitrator should not hesitate to exercise that discretion. Arbitration hearings should be informal and expeditious, consistent with the purpose of the statutes and rules.

LMAR 1.2.01 GENERAL RESPONSIBLITLITIES OF ARBITRATORS Education, Application and Renewal Requirements (1) Must be in good standing with the Washington Bar Association. (2) Must provide the required documentation including but not limited to the Oath of an Arbitrator, W-9 tax form and Arbitrator information sheet. All required documentation must be submitted to the Judicial Assistant upon request. Once on the registry the Judicial Assistant will review annually as for compliance. (3) Any and all grievances regarding an arbitrator must be reported in a statement describing the nature, status, outcome of any complaints, investigations, disciplinary actions, and or lawsuits lodged against the arbitrator related to the person's duties as an arbitrator or their profession along with any orders for removal as an arbitrator.

LMAR 7.2 Procedure after Request for Trial De Novo (a) The clerk shall automatically seal any award and any memorandum decision/award if a trial de novo is requested. If the trial de novo is not confirmed, the opposing party may move for entry of judgment on the arbitrator's award upon proper notice. If the trial de novo is confirmed and the party who requested the trial de novo fails to appear at trial, then the opposing party may move to strike the trial and obtain a judgment on the arbitrator's award without further notice. If the trial de novo is confirmed and the party opposing the request for trial de novo fails to appear at trial, then the trial shall proceed in the normal course. Amended Effective September 1, 2018

LCrR 3.1 RIGHT TO AND ASSIGNMENT OF LAWYER (d) ASSIGNMENT OF LAWYER (5) Upon notification of assignment, the assigned attorney shall within five (5) judicial days file their Notice of Appearance or at the arraignment hearing whichever is earlier. Further any attorney substituting shall file their notice within five (5) judicial days of assignment and/or substitution whichever is sooner. (6) Appointed and assigned counsel shall file quarterly, with the Okanogan County Clerk, on the form recommended by the Supreme Court, a certificate declaring that counsel is in compliance with the applicable Standards for Indigent Defense promulgated by the Supreme Court of Washington. An appointed or assigned attorney who is not in compliance with the applicable standards, or who has not filed a certificate prior to appearing or filing a notice of appearance, shall so advise the court at every hearing. Amended Effective September 1, 2018

LCrR 6.15 Jury Instructions Consistent with CrR 6.15, all parties shall file with the trial judge an original and one hard copy of their proposed instructions. The original shall not be numbered nor include any citations of authority. The hard copy shall contain a proposed number only and any citation of authority in support of the instruction. Authorities may include any number from any published book of instructions or case name and citation. Instructions must be provided to the trial judge not later than the day prior to commencement of trial in the following format: (a) Microsoft Word Format (b) 1" Page Margins (b) 12pt. Font (c) Calibri Style Font Theme Amended Effective September 1, 2018

LCrR 8.9 CHANGE OF JUDGE

Affidavit of Prejudice. In addition to the procedures set out in CrR 8.9 the party or their counsel shall provide a copy of the motion and affidavit to the Judicial Assistant of Superior Court of Okanogan for proper assignment of the case.

Amended Effective September 1, 2015

FORM A-1 ASSET AND DEBT MATRIX (IN EXCEL FORMAT) The contents of this item are only available on-line.

FORM A-2 ATTORNEY/LIMITED LICENSE LEGAL TECH CERTIFICATION (IN WORD FORMAT) The contents of this item are only available on-line.

FORM A-3 AUTOMATIC TEMPORARY RESTRAINING ORDER (IN WORD FORMAT) The contents of this item are only available on-line.

FORM A-4 DECLARATION OF COMPLICANCE (IN WORD FORMAT) The contents of this item are only available on-line.

FORM A-5 NOTE FOR HEARING (IN WORD FORMAT) The contents of this item are only available on-line.

FORM A-6 ORDER FOR PRETRIAL CONFERENCE (IN WORD FORMAT) The contents of this item are only available on-line.

FORM A-7 PRETRIAL ORDER (IN WORD FORMAT) The contents of this item are only available on-line.

FORM A-8 REQUEST FOR TRIAL SETTING (DISSOLUTION AND FAMILY LAW) (IN WORD FORMAT) The contents of this item are only available on-line.

FORM A-9 REQUEST FOR TRIAL SETTING CIVIL MATTERS (IN WORD FORMAT) The contents of this item are only available on-line.

Appendix B

Minimum Qualifications for Superior Court Family Law Mediators 1. A Jurist Doctor Degree with extensive experience in family law related matter; or 2. A Bachelor's Degree or Master's Degree in Sociology, Psychology or other social or behavioral science plus completion of training in family law mediation upon approval of the court; or 3. A person who has completed a family law mediation training course offered by a law school in the State of Washington or the basic mediation training course and family mediation training offered by the Okanogan County Dispute Resolution Center or such other equivalent mediation training course(s)as shall be approved by the court; or 4. Such other education and experiential qualifications as shall be approved by the Superior Court judge on a case by case basis.

ADMINISTRATIVE REQUEST FORM The contents of this item are only available on-line.

INVOICE FOR REQUEST FOR ADMINISTRATIVE PUBLIC RECORDS The contents of this item are only available on-line.

PUBLIC RECORDS REQUEST INTERNAL REVIEW FORM The contents of this item are only available on-line.

RESPONSE TO REQUEST FOR ADMINISTRATIVE PUBLIC RECORDS The contents of this item are only available on-line.

Local Court Rules of the Superior Court for San Juan County Table of Rules

PART I. LOCAL CIVIL RULES (LCR) INTRODUCTORY 1 Scope of Rules

COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS 5 Service and Filing of Pleadings and Other Papers 6 Time 7 Pleadings Allowed; Form of Motions 8 General Rules of Pleadings and Motions 9 Special Matters: Motions and Pleadings 10 Form of Pleadings and Other Papers 11 Signing of Pleadings, Motions, and Legal Memoranda 16 Pretrial Procedure and Formulating Issues TRIALS 39 Trial by Jury or by the Court 40 Assignment of Cases 43 Taking of Testimony; Exhibits 51 Instructions to Jury and Deliberations 52 Decisions, Findings and Conclusions JUDGMENT 56 Summary Judgment

APPEALS 72 Appeals From Courts of Limited Jurisdiction

SUPERIOR COURTS AND CLERKS 77 Superior Court and Judicial Officers 78 Clerks

GENERAL PROVISIONS 84 Involuntary Commitment Hearing 87 Professional Conduct

PART II. LOCAL RULES FOR SPECIAL PROCEEDINGS (SPR) SPR 94.08.1 Filings in Family Law Cases SPR 94.08.2 Parenting Seminars SPR 94.08.3 Mandatory Mediation SPR 94.08.4 CourtCall Telephonic Appearance Rule SPR 98.04.5 Guardians Ad Litem

PART III. LOCAL CRIMINAL RULES (LCrR) PROCEDURES PRIOR TO TRIAL 4.2 (i) Authority of Court Commissioners 4.9 Pretrial Motions

PROCEDURES AT TRIAL 6.1 Trial by Jury or By the Court

MISCELLANEOUS 8.1 Time 8.2 Motions 8.4 Service, Filing, and Signing of Papers

PART IV. LOCAL JUVENILE COURT RULES (LJuCR) TITLE I. SCOPE AND APPLICATION OF RULES 1.4 Applicability of Other Rules 1.6 Court Appointed Special Advocate Program

TITLE II. SHELTER CARE PROCEEDINGS 2.5 Amendment of Shelter Care Order

TITLE III. DEPENDENCY PROCEEDINGS 3.9 Review Hearing

TITLE VII. JUVENILE OFFENSE PROCEEDINGS IN JUVENILE COURT 7.3 Detention Facilities

SUPPLEMENTAL PROVISIONS 11.3 Court Schedules for Juvenile Matters 11.4 Duties of Clerks 11.5 Financial Responsibility

FORMS APPENDIX A. Temporary Restraining Order (TMRO), SPR 94.08.1 B. Verified Statement of Assets and Liabilities, SPR 94.08.1 C. Note for Trial Assignment, LCR 40 D. Notice of Conflict Dates, LCR 40 E. Statement of Readiness for Trial, LCR 16 F. Order to Show Cause Re: Parent Education Seminar, SPR 94.08.2 G. Request for Entry of Decree and Declaration of Jurisdictional Facts, LCR 8 H. Domestic Relations Pre-Trial Information, LCR 39 I. JIS Information Cover Sheet J. San Juan County Superior Court Conduct and Dress Code, LCR 81 K. Courtroom Decorum and Practice Guidelines, LCR 87 L. Evaluation Standards, LCrR 8.2(d) M. Stipulation to Modify Email Service Rule, LCR 5(l)

LCR 1 SCOPE OF RULES

Unless specifically designated otherwise, these rules shall supplement the Washington Court Rules for superior and juvenile court and shall govern the local procedure in San Juan County Superior Court and San Juan County Juvenile Court. These rules are subject to amendment at the direction of the judge. Counsel and litigants should check with the Court Administrator or county Clerk to assure that the rules applicable to their matters are currently in effect.

LCR 5 SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

(a) Service - When Required. (1) Emergency Orders. A party applying for an emergency order which will require or forbid the doing of some act shall notify the opponent or his or her counsel, if known, orally and in writing as soon as possible regardless of when pleadings are prepared and provided, unless good cause to the contrary is shown. Such motions shall contain a written certification that self-represented parties or attorneys were notified at the time and place of requesting the emergency order, or the reasons why such notice was not given. If the opponent or opponent's counsel does not appear, the judge shall require a full showing with respect to the notice given. See also, LCR 9(m). (b) - (d) (No Local Rules) (e) Filing With the Court. All notices for the Law and Motion calendar shall be filed with the Clerk of the court (e) Filing With the Court. All notices for the Law and Motion calendar shall be filed with the Clerk of the court no later than 4:30 p.m. seven (7) days preceding the date of the hearing. This rule does not modify the required time for services of motions and related documents under LCR 6. (f) - (i) (No Local Rules) (j) Filing by Facsimile With Clerk. See LCR 78(i). (k) Service of Papers by Facsimile on Attorney or Party. Service of all papers other than the summons and other process may be made by facsimile transmission as follows: (1) Fax Machine Availability. Pleadings and such other papers may only be served by facsimile transmission upon a self-represented party or attorney if the intended recipient makes available a facsimile machine at the recipient's residence or place of business. (2) Length. Pleadings and such other papers regarding any hearing which total more than twenty-five (25) pages in length may not be served by facsimile without prior approval of the intended recipient. (3) Transmittal Sheet. Any pleadings or such other papers transmitted by facsimile must be accompanied by a facsimile transmittal sheet containing, at a minimum, the following information: identification of pleading or other paper being transmitted, number of pages of pleading or paper, sender's name and sender's telephone and facsimile numbers. (4) Receipt of Documents. A pleading or such other paper transmitted by facsimile shall be deemed received at the time the recipient's facsimile machine registers the transmission of the last page. If that time is after 5 p.m., the pleading or other paper shall be deemed received the following day. If a pleading or other paper is received after any time set forth as a deadline herein, and prior to the next day, the pleading or other paper shall be deemed received the following day. If a pleading or other paper is not completely transmitted, it shall not be considered received. (5) Delivery of Original to Recipient. The transmitting party shall mail or deliver a copy of the transmitted pleading or other paper to the recipient of the facsimile transmission by the next day. (6) Time. Time shall be computed as set forth in Civil Rule 6 and LCR 6 herein. (7) Facsimile Machine Not Required. Nothing in this rule or other rule allowing service by facsimile transmission shall require an attorney or party to have a facsimile machine. (l) Service of Papers by Email on Attorney or Party. Service of all papers other than the summons and other process may be made by electronic mail (email) as follows: (1) Acceptance by Email Required. Except as otherwise provided herein, every attorney or self-represented party shall provide an email address to which service of pleadings and other papers after original service may be made. An email address shall be provided in a notice of appearance, or upon request by the opposing party or attorney. (2) Exceptions. (i) Discovery requests and responses, including documents produced in response to discovery requests, are expressly excepted from this rule, and may only be served by email or other electronic means by stipulation of the parties. (ii) A self-represented party may ask the Court for an exception to the email service rule based on a showing of good cause. Such request shall be made by motion, properly noted for hearing and served on the opposing party or attorney. (3) How Served. Documents shall be served by email by attaching each document to one or more emails, with no one email to exceed five (5) megabytes. Each attachment shall be in Adobe Acrobat format, and each attachment shall be separately labeled with a description of the document. Each email shall contain a list of the documents attached. The sending email shall contain at a minimum a phone number to which any difficulty in receipt or transmission may be reported. (4) Delivery of Hard Copies. Service by email shall be followed by delivery of hard copies the following court day by deposit in the regular mail or hand delivery, unless otherwise stipulated by the parties. (5) Service Confirmation/Effective Receipt. Service is deemed complete once the sender calls the recipient?s phone number and announces service, unless the recipient can prove email service was not actually received. Announcement by phone may be made in voicemail and shall indicate the number of emails sent. Service completed after 5:00 PM shall be considered completed the next court day. The parties may stipulate to an alternate confirmation method. (6) Stipulation to Modify Email Service Rule. The parties may modify the email service rule contained herein by written stipulation, including to agree that email service shall not be used. A sample email stipulation is provided in Appendix M. (7) Time. Time shall be computed as set forth in Civil Rule 6 and LCR 6 herein.

LCR 6 TIME

(a) - (c) (No Local Rules) (d) For Motions - Affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served no later than nine (9) court days before the time specified for the hearing, unless a different period is fixed by statute, these local rules, or by order of the court. When a motion is supported by affidavit or other documents, the affidavit or other documents shall be served with the motion; and, except as otherwise provided in Civil Rule 59(c), opposing affidavits and any other documents responsive to the motion shall be served no later than 4 p.m. four (4) court days prior to the hearing. Affidavits and any other documents in strict reply to the opposing affidavits shall be served not later than 4 p.m. two (2) court days prior to the hearing. No additional responses or replies shall be permitted from either party without permission of the court. (e) (No Local Rules)

LCR 7 PLEADINGS ALLOWED; FORM OF MOTIONS.

(a) Pleadings (No Local Rules) (b) Motions and Other Papers. (1) Motions and other papers must contain the following: (i) Relief Requested. The specific relief the court is requested to grant; (ii) Statement of Grounds. A concise statement of the grounds upon which the motion is based; (iii) Statement of Issues. A concise statement of the issues of law upon which the court is requested to rule; (iv) Evidence Relied Upon. The evidence on which the motion or reply is based shall be identified with particularity. Deposition testimony, discovery pleadings, and documentary evidence relied upon must be quoted verbatim, or a photocopy of relevant pages thereof must be attached to the motion. Deposition testimony in connection with a motion shall not require publication thereof unless a challenge is made thereto and an opposing party shows good cause for such publication. Depositions used in this fashion shall remain unopened and not a part of the court file unless otherwise ordered by the court. (v) Legal Authority. Any legal authority relied upon must be cited. (vi) Memorandum of Authority. Provided, however, that items (i) - (v) above may be contained in a memorandum of authority in support of the motion. (vii) Mandatory Forms. This rule is not intended to modify or replace any mandatory forms required by law. (b) (2)-(5) No Local Rules) (c)-(d) (No Local Rules) (e) Dispositive Motions. All dispositive motions shall be noted to be heard by the judge assigned to preside over the case, except (1) upon agreement of the assigned judge, (2) upon agreement of the parties or attorneys, and (3) only upon good cause shown. (f) Limits to Replies. Replies shall be limited to the issues or facts raised by the responding party in the response to the motion. response to the motion. (g) Schedule to Provide Courtesy Copies for Judge. See LCR 8(h). (h) Motions and Orders to be Separate. Motions and orders shall not be combined into one document. Rather, an order shall always be set forth in a separate document from the motion itself. The original of any proposed order shall be lodged with the Clerk.

LCR 8. GENERAL RULES OF PLEADINGS AND MOTIONS (a) - (f) (No Local Rules) (g) Special Set Hearings. If a motion or group of motions filed in one case to be heard at the same time are expected to take longer than a total of 15 minutes to be heard, the parties shall obtain a specially set hearing date and time from the Court Administrator. The moving party shall arrange the hearing after conferring with opposing counsel or a self-represented party with regard to conflicts. (h) Courtesy Copies for Judge. A copy of all motions, briefs, affidavits and declarations, and other documentary evidence to be considered by the court, as well as a proposed order(s), shall be provided to the judge assigned to preside over the trial or hearing at the same time as such documents or documentary evidence are required to be served on the opposing party or a self-represented party as provided in the court rules or local rules herein. (1) Caption. The upper right hand corner of the first page of each courtesy copy shall contain the words "Judge's Courtesy Copy," or similar words, and the date and time of the hearing. (2) Delivery. It is the court's preference that all courtesy copies for the judge be mailed or personally delivered to the Court Administrator. If time does not permit mailing or personal delivery, the filing party shall contact the Court Administrator at (360) 370-7480. The court reserves the right to charge a reasonable fee for fax or email copies. Do not fax or email without prior permission from the Court Administrator. (3) Courtesy Copies Are Discarded. Courtesy copies are discarded after ten (10) days from the assigned hearing date, unless counsel or a self-represented party notify the Court Administrator of a new hearing date and request that the courtesy copies be retained. If either party fails to do so, it will be the responsibility of counsel or a self-represented party to provide new courtesy copies to the court as provided herein. (i) Default Orders, Decrees or Judgments. If an order, decree or judgment has been entered by default, the prevailing party or the attorney representing the prevailing party shall immediately provide a conformed copy of the original order, decree or judgment, to the opponent or opponent's attorney. An affidavit or declaration showing proof of service shall be filed with the Clerk. (j) Jurisdictional Declaration in Dissolution Cases. If a decree is entered under RCW 26.09 by joinder, agreement, or default, an attorney representing the petitioner or the respondent may present jurisdictional testimony pursuant to a "Request for Entry of Decree and Declaration of Jurisdictional Facts," using the form set forth in Appendix G, in lieu of a party's testimony by appearance in court. If both parties are self-represented, one party's testimony through personal appearance in court is required.

LCR 9 SPECIAL MATTERS: MOTIONS AND PLEADINGS

(a) - (l) No Local Rules (m) Motions to Shorten Time. Motions to shorten time for a hearing shall be granted only upon good cause shown. The party requesting an order to shorten time shall give verbal and written notice as soon as possible to opposing parties regardless of when pleadings are prepared and provided. Such motions shall contain a written certification that self-represented parties or attorneys were notified of the time and place of requesting the order to shorten time, or the reasons why such notice was not given. The court may impose terms, including an award of attorney fees, where the court later finds there was insufficient need for shortening time. See also, LCR 5(a)(1). (n) Motions in Dissolution Actions. (1) Standard Forms and Supporting Affidavit or Declaration. Motions for temporary support, maintenance, restraining orders, parenting plans, costs, attorney fees and show cause orders in connection therewith shall be in compliance with any standard forms required by law and local rules herein and shall be supported by the affidavit or declaration of the moving party. (2) Blank Affidavit or Declaration Provided to a Self-Represented Party. When one of the parties is self- represented, a blank affidavit or declaration shall be attached to the motion for temporary orders and show cause order and served on the other party. In addition, the motion for temporary orders and show cause order shall contain the following language: "At the hearing, the court will consider written sworn affidavits or declarations under penalty of perjury. Oral testimony may not be allowed. If you wish to respond, prior to the hearing you must: (1) file your documents with the court; (2) provide a copy of those documents to the judge; (3) serve the other party's attorney with copies of your documents (or have the other party served if that party does not have an attorney); and (4) complete your filing and service of documents within the time period required by the local court rules in effect in your county. If you need more information, you are advised to consult an attorney or a courthouse facilitator. FAILURE TO APPEAR MAY RESULT IN A TEMPORARY ORDER BEING ENTERED BY THE COURT THAT GRANTS THE RELIEF REQUESTED IN THE MOTION WITHOUT FURTHER NOTICE." (3) Courtesy Copies. Courtesy copies shall be delivered to the assigned judge, pursuant to LCR 8. (4) Evidence on Motions. Hearings with respect to all temporary orders shall be held and determined only upon the pleadings, affidavits or declarations, and other papers filed, unless the court directs otherwise.

LCR 10. FORM OF PLEADINGS AND OTHER PAPERS (a) - (c) (No Local Rules) (d) Format Requirements. (1) All papers filed with the Court shall comply with GR 14, including the requirement that the writing or printing shall appear on only one side of the page. (2) Tabs. There shall be no tabs on filed documents. Exhibits or sections may be denoted or divided by a separator page. Any tabs included in a filed document will be discarded by the Clerk without notice to the party/counsel. Judge's courtesy copies may contain tabs for ease of reference. If tabs are included in courtesy copies, they should also be included in copies provided to opposing parties/counsel. (3) Typing/Color Photographs. All court documents submitted for filing must be typed or printed legibly using black or dark blue ink. Color photographs may not be filed because they do not produce legible scanned images. (4) Conformed Copies. Court documents served on opposing counsel or a self-represented party shall be fully conformed as to signatures, dates signed, date filed if known, and all other information as it appears on the filed original. If a party serves court documents that are otherwise fully conformed, but without the date of filing on the documents, the serving party shall notify the receiving party, as soon as practical after filing, of the date the served documents were filed. (5) Guardianship Hearing Dates. In all reports required by RCW 11.92 et seq., the title shall contain, in addition to the name of the report, a notation to the Clerk to set the next report date, i.e., "Clerk's Action Required: Next Hearing Date and Time: (date) at 10:30 a.m." (6) Page Limits. Parties are encouraged to limit their submissions to the pertinent legal issues and facts before the court for consideration and to avoid redundancy in submissions. The court imposes no standard page limits for briefs or declarations, but reserves the right to impose specific limitations in individual cases where necessary for efficient judicial administration. (7) Clerk's Action Required. Parties must indicate in the caption of any document requiring the County Clerk to calendar a hearing or otherwise take an action: "Clerk's Action Required."

LCR 11. SIGNING OF PLEADINGS, MOTIONS, AND LEGAL MEMORANDA

(a) - (b) No Local Rules (c) Sanctions. Violation of any of these local rules 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 these rules.

LCR 16. PRETRIAL PROCEDURE AND FORMULATING ISSUES (a) - (b) (No Local Rules) (c) Pretrial Readiness. (1) Time. The Court Administrator shall set pretrial readiness hearings in all civil and domestic cases approximately one month prior to the assigned trial date. (2) Matters Considered. Matters to be considered at the readiness hearing may include, but are not limited to, the following: completion of mandatory mediation, completion of mandatory parenting seminar, witness availability, issues remaining for trial, technology required for trial, confirmation of length of trial, continuance of trial date pursuant to LCR 40(e), and scheduling of any pretrial motions. (3) Completion of Discovery. Unless otherwise stipulated by the parties, or ordered by the court upon good cause shown and on such terms and conditions as are just, all discovery allowed under CR 26-27, including responses and supplementation thereto, must be completed no later than the scheduled date of the pretrial readiness hearing. Nothing herein stated shall modify a party's responsibility to promptly supplement responses to discovery rules or otherwise comply with discovery no later than the scheduled date of the pretrial readiness hearing. (4) Statement of Readiness for Trial. If there are no matters to be resolved by the court, and where all parties are represented by counsel, parties need not appear for the readiness hearing, provided the party has certified his or her readiness for trial with a written statement of readiness for trial filed with the court using the form set forth in Appendix E, and has received confirmation from the Court Administrator that the party's personal court appearance is waived or that the party may appear via CourtCall. In cases where one or more of the parties is unrepresented by counsel, the hearing shall take place and no party to such proceeding may file a statement of readiness in lieu of in-person or telephonic appearance. (d) Settlement Conference. Except as provided in SPR 94.08.3, any party in a civil action may schedule a pretrial settlement conference through the Court Administrator. Settlement conferences will be scheduled by the Court Administrator if at all possible given scheduling limitations, including judge availability. (1) Conference Judge. The settlement conference shall be before a judge who has not been assigned to preside at any subsequent trial, or an attorney mediator agreed to by the parties. (2) Mandatory Attendance. Attendance at the settlement conference by all parties and counsel shall be mandatory, unless the court determines that circumstances exist precluding said attendance. Any non-party wanting to be present or participate in the settlement conference must obtain written permission of the Settlement Conference Judge. Any request to attend must be submitted in writing, and a copy provided to the other party, at least 48 hours in advance of the scheduled settlement conference. (3) Setting. Settlement conferences shall be set and heard no later than 21 days prior to trial, unless otherwise ordered by the court. (4) Issues. The parties shall provide documentation clearly stating the issues involved to the conference judge at least two (2) days prior to the conference.

LCR 39. TRIAL BY JURY OR BY THE COURT (a) - (c) (No Local Rules) (d) Trial Briefs and Required Documents. (1) Trial Brief or Memorandum. In all contested civil trials, each party shall prepare a trial brief or memorandum of authorities containing the legal issues involved and the authorities supporting same. (2) Other Required Documents. In addition to the above, in all contested trials in family law matters, each party shall provide the court with the following: (i) A written pretrial information form indicating a proposed division of assets and liabilities, using the form set forth in Appendix H. (ii) If children are involved, a proposed parenting plan and child support worksheets. (3) Time. By noon two (2) court days prior to the date set for commencement of trial, all required documents shall be filed with the Clerk, copies served on opposing counsel or a self-represented party, and courtesy copies provided to the assigned judge.

LCR 40. ASSIGNMENT OF CASES (a) (No Local Rules) (b) Methods. (1) Note for Trial Assignment. All notes for trial assignment on contested cases shall, in addition to counsel's or a self-represented party's estimate of time needed for trial, indicate the issues which counsel or the self-represented party believe will be in dispute, and shall contain the names and addresses of all attorneys, guardians ad litem, or self-represented parties. Counsel and self-represented parties shall certify that the issues are joined. If opposing counsel or self-represented parties dispute that the issues are joined or disagree with the statement of issues, do not believe the case is yet ready for trial, or have any other objection to the information contained in the Notice of Trial Assignment, opposing counsel or the self-represented parties shall, prior to the trial assignment date, file and serve an Objection to the Notice of Trial Assignment and note the matter for hearing on the appropriate motion calendar. This will remove the matter from the Court Administrator's trial assignment docket. Counsel and self-represented parties are urged to request sufficient time for these matters. Overestimation is preferred to underestimation of time needed. The form of the Note for Trial Assignment is set forth in Appendix C. Time shall be computed as set forth in Civil Rule 6 and LCR 6 herein. (2) Conflict Dates. Counsel shall file a Notice of Conflict Dates with the Clerk of the court and provide a copy to the Court Administrator on or before 9 a.m. of the date set for trial assignment. Conflict dates shall be limited to previously scheduled vacations and trial dates. The form of the Notice of Conflict Dates is set forth in Appendix D. (3) Trial Date Assignment. The Court Administrator will assign cases a specific trial date and notify the parties by mail and/or e-mail of such date. Counsel and self-represented parties shall not appear for the trial assignment calendar. If more than one matter is set for trial for the same day, counsel and self-represented parties shall be prepared for trial on the date set regardless of the order in which the cases are set. (c) Priority Settings. All matters are subject to the established rule that criminal cases, juvenile proceedings, and civil proceedings entitled to priority settings take precedence over all other matters and may at times cause postponement of lesser prioritized cases. (d) (No Local Rules) (e) Continuances. A trial date may be stricken or continued by agreement of the parties upon presentation of an order to the court. (f) Settlement of Cases Set for Trial. Notice shall be given immediately to the Court Administrator if any case which has been assigned a trial date is settled or will not be tried for any reason whatsoever. If this rule is violated and the court incurs unnecessary expenses, such as jury expenses, the court may, in its discretion, assess such costs to the parties. (g) Confirmation of Trials. It shall be the responsibility of the parties to confirm that their trial will proceed on the scheduled trial date. Confirmation shall be made by telephone to the Court Administrator's office (360) 370-7480 no earlier than seven (7) or later than two (2) court days prior to the scheduled trial date.

LCR 43. TAKING OF TESTIMONY; EXHIBITS (a) - (k) (No Local Rules) (l) Matters Not Reported. Unless requested by a party and expressly directed by the judge, the following matters may not be reported or recorded: (1) Opening statements and closing arguments in non-jury civil trials; (2) Ex parte matters on the law and motion calendar; (3) Verbal statements in a tape recording; (4) Video tape recording used at trial or in a hearing; and (5) Deposition transcripts read at trial in lieu of live testimony. (m) Trial Exhibits. (1) Marked in Advance of Trial Date. In all contested matters, the parties shall cause all exhibits, except such exhibits as are intended for impeachment purposes, to be marked for identification by the Clerk in advance of the trial date; provided that a party may present exhibits for marking on the day of trial if the number of exhibits to be marked is ten (10) or fewer and the exhibits are provided for marking at least one (1) hour before the start of the trial. An exhibit list, without exhibit numbers filled in, shall be given to the Clerk when the exhibits are presented for marking. (2) Copies. Copies of all documents offered as exhibits, except large maps or drawings, shall be prepared and presented to opposing counsel, any self-represented parties and to the judge at such time as the exhibits are offered into evidence; provided that, with the permission of the other party, the judge's courtesy copies may be provided before or at the commencement of the trial. (3) Withdrawal of Exhibits. After final judgment, if the time for appeal has elapsed and no appeal has been taken, the court, upon application of any party or other person entitled to the possession of one or more exhibits, may in its discretion order the withdrawal of such exhibit or exhibits and delivery thereof to such party or other person. (4) Return or Destruction of Exhibits. When judgment in a civil case shall become final after an appeal or upon judgment or dismissal, or upon filing a satisfaction of judgment, the Clerk, on stipulation of the parties, shall return all exhibits and unopened depositions or destroy them. The court shall enter an order accordingly. (5) Records in Administrative Appeals. Records of proceedings and exhibits filed as the record in an appeal of any administrative hearing shall be presumed to be exhibits to the file in the superior court. Any video conference tapes or audio tapes shall have a transcript filed in addition to the video or audio tape.

LCR 51. INSTRUCTIONS TO JURY AND DELIBERATION (a) Proposed. Proposed jury instructions shall be submitted prior to commencement of trial but in no event later than 9:00 a.m. the day on which the case is called for trial. (b) Submission. (1) Cited Instructions for Court. The parties shall file the original proposed jury instructions with the Clerk and shall provide one (1) copy to the trial judge and one (1) copy to the opposing party. The proposed instructions shall be numbered and identified as to proposing party and shall contain supporting annotation and the number of the Washington Pattern Instruction (WPI) thereon. (2) Uncited Instructions for Jury. The parties shall further provide the trial judge with one (1) set of such proposed jury instructions to be given to the jury, which set shall not be numbered but shall contain a space to enter a number, no citations of authority, no reference to the WPI number, and no identification as to the proposing party. The parties shall also include a title page entitled "Court's Instructions to the Jury" pursuant to WPI 1.01.01. (c) - (j) (No Local Rules)

LCR 52. DECISIONS, FINDINGS AND CONCLUSIONS

(a) - (e) No Local Rules (f) Time Limit for Presentation. Written findings of fact, conclusions of law, decrees, judgments or orders shall be presented to the judge hearing the matter within thirty (30) days of the judge's oral or written pronouncement. Failure to comply with this rule may be grounds for a new trial or hearing and sanctions. (g) Responsibility for Preparation. If a movant's motion is granted in whole or in part, the moving party shall be responsible to prepare and present any written findings, conclusions, and orders necessary as a result of the decision, unless the court orders otherwise.

LCR 55. DEFAULT JUDGMENT (a) Entry of Default. (1) - (4) (No local rules). (5) Request for Attorney Fees Where Non-Moving Party Has Appeared But Has Not Filed a Responsive Pleading. Where the non-moving party has appeared but has not filed a responsive pleading, the party moving for default may request reimbursement of its reasonable attorney fees incurred to file and present the motion for default; provided that the moving party provides written notice to the non-moving party of the intent to request attorney fees, which includes citation to this local court rule, which notice shall be received by the non-moving at least ten (10) days prior to filing the motion for default and request for attorney fees. The moving party shall be entitled to reimbursement of its reasonable attorney fees incurred to file and present said motion for default unless the non-moving party establishes good cause for its failure to file a responsive pleading following the ten-day notice.

LCR 56 SUMMARY JUDGMENT

(a) - (h) (No Local Rules) (i) Confirmation of Summary Judgment Motions. It shall be the responsibility of the moving party to confirm all summary judgment motions. Confirmation shall be made by telephone to the Court Administrator's office at (360) 370-7480 no earlier than seven (7) or later than two (2) court days prior to the hearing.

LCR 59. RECONSIDERATION (a) Time for filing. A motion for reconsideration must be filed within ten (10) days of entry of the written order, judgment, or other decision for which the party seeks reconsideration. (b) Response/Reply. A party should not file a response to a motion for reconsideration unless the Court requests a response. If the Court requests a response, the Court Administrator will write to the parties to provide deadlines for filing briefs in response and strict reply. (c) Page Limit. A motion for reconsideration and any response requested should be no more than twenty (20) pages without prior court approval. A brief in strict reply should be no more than ten (10) pages. (d) Only One Motion. Parties may file only one motion for reconsideration in a case without obtaining leave of the Court to file additional motions, and such leave will be granted in only rare circumstances. (e) Oral Argument. The Court will hear oral argument on motions for reconsideration only if the Court specifically requests it, in which case the Court Administrator will request conflict dates from the parties and will specially set a hearing. Parties should not file a note for motion/hearing with their motion for reconsideration. (f) Courtesy Copies. Parties must provide courtesy copies of motions for reconsideration, and any response/reply requested, at the time of filing. *All provisions of CR 59 not inconsistent herewith remain in effect.

LCR 72. APPEALS FROM COURTS OF LIMITED JURISIDICTION The rules contained herein do not modify the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ). (a) Courtesy Copies. Parties should provide courtesy copies of all filed documents, including the Notice of Appeal, to the Superior Court Administrator. (b) Scheduling Order. Upon receipt of the Notice of Appeal, the Court Administrator shall send a letter acknowledging the filing of the notice of appeal. Upon certification of the record per RALJ 6.2 this Court shall issue a scheduling order.

LCR 77. SUPERIOR COURTS AND JUDICIAL OFFICERS (a) - (n) (No Local Rules) (o) Visiting Judge. As adopted July 1, 2018, effective September 1, 2018. (p) Court Administrator. As adopted July 1, 2018, effective September 1, 2018. (q) Office Hours. As adopted July 1, 2018, effective September 1, 2018. (r) Court Schedule. Monday: 9:30 am: Criminal Law and Motion 11:00 am - 12 noon: Therapeutic Court team meeting (1st and 3rd Mondays) 1:15 pm: Ex Parte matters 1:15 pm: Therapeutic Court (1st and 3rd Mondays) 1:15 pm: Dependency Calendar (2nd and 4th Mondays) 2:30 pm: Juvenile Criminal Calendar 3:15 pm: Juvenile Civil Calendar (1) Criminal Law and Motion Day. Adult criminal matters, except sentencings, shall be heard every Monday at 9:30 a.m. Sentencings for adult criminal offenders shall be specially set on Monday afternoons, Tuesday mornings, or as otherwise agreed, depending upon schedules of the parties and as confirmed with the Court Administrator per LCrR 8.2(c). (2) Therapeutic Court. Therapeutic court matters shall be heard on the 1st and 3rd Monday of each month, beginning at 1:15 p.m. (3) Dependency Calendar. Dependency matters shall be heard on the 2nd and 4th Monday of each month, beginning at 1:15 p.m. (4) Juvenile Criminal Matters. All juvenile offender matters other than fact finding hearings shall be heard on Mondays, beginning at 2:30 p.m., or as soon thereafter as the court is available. (5) Juvenile Civil Matters. All juvenile civil matters (proceedings under Chapter 13.32A, RCW) shall be heard on Mondays, beginning at 3:15 p.m., or as soon thereafter as the court is available. If Monday falls on a legal holiday, then all Monday calendars will be heard on the following Tuesday. Tues/Wed/Thur: 9:00 am: Trials, or special set hearings as needed 1:15 pm: Ex Parte matters 1:30 pm: Special set hearings as needed Trials are scheduled by the Court Administrator on Tuesdays through Thursdays. Parties should be prepared to address preliminary matters at 8:30 a.m. so that trials can begin at 9:00a.m., and recess for lunch from 12:00 noon to 1:30 p.m., continuing until 4:30 p.m. each day, with a minimum 15-minute recess mid-morning and again mid-afternoon. Trials scheduled for a duration exceeding 3 days will be calendared into the following week. Friday: 8:30 am: Protection Order Calendar 10:30 am: Ex parte matters; Civil Law and Motion Calendar 1:15 pm: Ex Parte matters 1:30 pm: Special set hearings (1) Protection Order Matters. Domestic violence matters under Chapter 26.50, RCW; sexual assault matters under Chapter 7.90, RCW; stalking matters under Chapter 7.92, RCW; abuse of vulnerable adult matters under Chapter 74.34, RCW; extreme risk matters under Chapter 7.94; and those antiharassment matters transferred to Superior Court pursuant to RCW 10.14.150, shall be heard on Friday of each week, beginning at 8:30 a.m., or as otherwise specially set with the Court Administrator. (2) Civil Law and Motion Day. Friday of each week shall be civil law and motion day. Scheduling on law and motion day will be as follows: (i) 10:30 a.m. Open civil hearings; (ii) 10:30 a.m. Closed civil hearings, which shall follow the Open civil hearings; (iii) 1:30 p.m. Motions for summary judgment, show cause hearings in unlawful detainer matters, and all other special set matters [per LCR 8(g)] scheduled in advance through the Court Administrator's office. If Friday falls on a legal holiday, all Friday calendars will be heard on the preceding Thursday, except during the week of the Thanksgiving holiday, when they shall be heard on the preceding Wednesday. Ex Parte Matters. Ex Parte matters may be presented to the judge in chambers Tuesday through Friday at 1:15p.m. and Mondays at 1:15p.m. and Fridays at 10:30 a.m. in the courtroom prior to the regularly scheduled calendars. If parties have an emergency matter that cannot be considered at one of the regularly scheduled ex parte calendars, counsel or a self-represented party shall call the Court Administrator's office to schedule presentation to the Court at an alternative time based on the court's schedule. Parties wishing to present an ex parte matter on the record shall give notice at least 30 minutes in advance to the County Clerk and the Court Administrator.

[Amended July 1, 2018, Amended September 10, 2018, Effective October 1, 2018, January 1, 2019]

LCR 78. CLERKS (a) - (f) No Local Rules (g) Signing Out Court Files. Any file signed out from the County Clerk's Office by a local attorney or title company shall be returned and signed in within five (5) days, or immediately if so requested by a judge, court commissioner or Clerk. Nonresident attorneys or title companies may withdraw files only upon an order based upon such application signed by the court. The court file shall not be taken apart for any purpose, except with the express consent of the County Clerk. (h) Self-Addressed, Stamped Envelope. If an attorney or any other person requests from the Clerk the mailing of an answer to correspondence or conformed copies of any pleadings or other documents, the attorney or person requesting the same shall furnish a self-addressed, stamped envelope and a copy of the document to be conformed and mailed, for the convenience of the Clerk. (i) Facsimile Filing of Pleadings With Clerk. Documents, including pleadings, may be filed with the Clerk by facsimile transmission, in accordance with GR 17.

LCR 84 INVOLUNTARY COMMITMENT HEARING.

Involuntary commitment hearings shall be held as occasion demands in deference to expediting the hearing, availability of medical testimony, and the convenience of the court. The office of the prosecuting attorney shall notify the Court Administrator immediately upon the filing of an application, and the time and place of the hearing shall be set by the Court Administrator at the earliest date compatible with the foregoing factors.

LCR 87 PROFESSIONAL CONDUCT

(a) Conduct and Dress Code. All persons entering the courtroom shall comply with the Conduct and Dress Code posted outside the courtrooms. A copy of the Conduct and Dress Code is set forth in Appendix J. (b) Professional Conduct. All attorneys and self-represented parties shall adhere to the "Courtroom Decorum and Practice Guidelines," a copy of which is set forth in Appendix K. (c) Time Standards. All attorneys and self-represented parties shall make a good faith effort to meet the Advisory Case Processing Time Standards set forth in the Washington Court Rules.

SPR 94.08.1. FILINGS IN FAMILY LAW CASES (a) Application of Rule. This rule shall apply to all of the following types of cases: (1) Family law petitions seeking dissolution of marriage, legal separation, or declaration of invalidity; (2) Actions brought by parties to non-marital relationships involving parenting or distribution of assets/liabilities; (3) Petitions for non-parental custody; (4) Petitioner for relative visitation; and (5) Petitions or motions for modification of any final documents in matters set forth above. (b) Court's Automatic Temporary Order. Upon the filing of a Summons and Petition in any of the actions specified above, the court shall automatically issue a Temporary Order using the form set forth in Appendix A. The Petitioner is subject to this order from the time of filing the Petition. The Petitioner shall serve a copy of this order on the Respondent and file a declaration of service in the court file. The Respondent is subject to this order from the time that the order is served. (c) Filing of Parties' Financial Declarations and Verified Statement of Assets and Liabilities. At least sixty (60) days prior to trial, each party shall serve on the opposing party: (1) A Financial Declaration, using (WPF DR 01.1550), in all cases involving a request for child support, maintenance or attorney's fees. The Declaration shall also be filed with the court; (2) A Verified Statement of Assets and Liabilities, including both marital and separate assets and liabilities of any kind, in the form set forth in Appendix B, in any case involving the division of assets and/or debts. The Verified Statement of Assets and Liabilities shall not be filed with the court; and (3) Each party shall then file with the court a Declaration of Mailing, attesting that the Financial Declaration and Verified Statement of Assets and Liabilities has been provided to the other party. All parties have a duty to supplement the financial information when additional information becomes available. (d) Self-Represented Parties - Review of Parenting Plans and Child Support Orders. In any action, including modification proceedings, in which the residential care or child support of a minor child or children is at issue and in which none of the parties are represented by counsel, any proposed parenting plan or residential schedule and any proposed child support documents, including the child support schedule worksheet, shall first be reviewed, approved as to form and initialed by the court facilitator or by an attorney acting as a third-party neutral in accordance with RPC 2.4. Provided, however, this requirement shall not apply to a proposed temporary parenting plan or residential schedule in cases where there has been a recent and substantial change in circumstances that has resulted in a serious and imminent threat to the health, safety or welfare of the child(ren). (e) Judicial Information System Background Checks. Prior to presenting a permanent parenting plan or residential schedule to the court for approval, the party or parties shall comply with RCW 26.09.182 by submitting a completed Judicial Information System (JIS) Background Check form to the San Juan County Clerk. Such request shall include the names and dates of birth of all persons residing in each residence and must be submitted no fewer than 5 days prior to the date of presentation of the final parenting plan. Upon receipt of a completed JIS Background Check form, the Clerk shall complete a search of the Judicial Information System for the existence of any information and proceedings relevant to the placement of the child. This search shall be performed no more than 10 days prior to the proposed date of presentation of the permanent parenting plan. The results of such search shall be available to the judicial officer presiding over the entry of the permanent parenting plan at least 2 court days prior to the proposed presentation date. Per Chapter 2.28 RCW (as amended by SHB 1617, Laws of 2015), if the Court relies upon information in the results of the search in rendering a decision, a copy of the results and the JIS Background Check form must be filed as a confidential document, within the court file, with any confidential contact information such as addresses, phone numbers, or other information that might disclose the location or whereabouts of any person redacted from the document or documents. In the event the Court does not rely upon information in the results of the search, the JIS Background Check form and the results of the search shall be destroyed. JIS Background Check form is attached as Appendix I. (f) BACKGROUND INFORMATION. Before entering any order regarding custody of a child in a non-parental action for child custody the Petitioner(s) shall comply with the requirements of RCW 26.10.135(2).

SPR 94.08.2. PARENTING SEMINARS (a) Applicable Cases. This rule shall apply to all cases under Chapter 26.09, 26.10, or 26.26 RCW which require a parenting plan or residential schedule for minor children, including major modifications and paternity actions in which paternity has been established. (b) Mandatory Attendance. Except as provided in Section (f) below, within ninety (90) days of filing an appearance, answer or other responsive pleading in this action, both parties shall attend a court-approved parent education seminar on the effects of family transitions on children, unless the parties have previously attended such a course. (c) Certificate of Completion. Upon completion of the seminar, each party shall file with the court the seminar completion certificate provided by the sponsoring agency or provider. Additionally, a copy of the certificate of completion shall be provided to the judge at presentation of final documents. (d) Fees. Each party attending a seminar shall pay a fee charged by the approved provider and authorized by the court. (e) Seminar Providers. The court shall establish standards for parenting seminars and shall approve seminar providers. A list of approved parenting seminars shall be available from the Superior Court Administrator, Court Facilitator, and County Clerk. 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. (f) Waiver/Special Consideration. Pursuant to RCW 26.12.172: (1) In no case shall opposing parties be required to attend a parenting seminar together; and (2) Upon a showing of domestic violence or abuse which would not require mutual decision-making, pursuant to RCW 26.09.191, or if the court determines that attendance at a seminar is not in the children's best interest, the court shall either waive the requirement of completion of the seminar or allow participation in an alternative parenting seminar if available; and (3) The Court may otherwise waive the requirement upon a showing of good cause. (g) Exchange of Parenting Plans. At least sixty (60) days prior to trial, each parent shall provide the other parent with a Proposed Parenting Plan, if they have not already done so. (h) Failure to Comply. Willful refusal to participate in a parenting seminar or willful delay in completing the parenting seminar may result in a finding of contempt and imposition of sanctions. The Court may decline to enter finalization documents until both parents have completed the seminar. [See Order to Show Cause Re: Parenting Class in Appendix F.]

SPR 94.08.3. MANDATORY MEDIATION (a) Mediation in Contested Cases. Except as provided in Section (b) below, in all cases specified in Section (a) of SPR 94.08.1 having unresolved issues, both parties shall in good faith engage in mediation with a court-approved mediator in an effort to resolve the case. In cases where parenting issues exist, the mediation shall not occur until both parties have completed the parenting seminar described in SPR 94.08.2. Mediation shall be completed at least sixty (60) days prior to the scheduled trial date. (b) When Mediation is Not Required. Mediation shall not be required as provided in Section (a) in the following cases: (1) For good cause shown upon motion and approval by the court; or (2) Where a domestic violence restraining order or protection order (excluding ex parte orders) involving the parties has been entered by a court at any time within the previous twelve (12) months; (3) Where a domestic violence no contact order exists pursuant to RCW 10.99; (4) Where the court upon motion finds that domestic abuse has occurred between the parties and that such abuse would interfere with arm's-length mediation. Notwithstanding the foregoing, either party may by motion seek a court order requiring mandatory mediation in a case where it would not be required as set forth in (b)(2), (b)(3) or (b)(4) above if the moving party believes that the parties would be able to mediate their dispute at arm's-length under the particular circumstances of the case. (c) Settlement Conference. If, after mediation in good faith or where mediation is not required, there remain unresolved issues in any case specified by Section (a) of SPR 94.08.1, the parties may participate in a settlement conference, pursuant to LCR 16(b). (d) Effect on Court Proceedings. Mediation does not stay or otherwise affect the rights and duties of the parties established by statute, court rule, or court order. The court may enter temporary orders and the parties may conduct discovery prior to or during the mediation process. (e) Cost of Mediation. Mediators shall be paid by the parties in accordance with the agreement of the parties, or in the absence of agreement, as determined by the Court. (f) Responsibility for Compliance. The parties shall be responsible for arranging for and completing all mediation requirements established under this rule. (g) Failure to Comply. Willful refusal to participate in mediation or willful delay in completing mediation may result in a finding of contempt and imposition of sanctions. (h) Identity of Mediators. The Court Administrator shall maintain a list of approved mediators, either persons or agencies, for distribution to the public. The list shall contain the following information: each mediator's name, organization, if any, address and telephone number, and fee schedule. The parties are not required to use a mediator on said list. (i) Selection of Mediator; Right of Mediator to Decline. The parties may either agree to a mediator or the Court shall appoint a mediator upon the motion of either party A mediator has the right to decline to serve in a particular case. If a mediator declines to serve, the parties shall select a different mediator or move the court to do so. (j) Authority of Mediator. The mediator has the authority to determine the time, place, manner, and duration of mediation. In appropriate cases, the mediator shall have the authority to terminate the mediation prior to completion. (k) Attendance at Mediation. The parties shall personally attend all mediation sessions, unless the mediator permits telephonic or other attendance. The mediator shall have the authority to require other persons to attend. (l) Declaration of Completion. Within seven (7) days of completion of mediation, a declaration that mediation has been completed shall be filed with the court by the mediator. The mediator shall advise counsel and the parties of the results of mediation in writing. The mediator shall advise the court only whether an agreement has been reached on some or all of the issues. (m) Confidentiality. The work product of the mediator and all communications during the mediation shall be privileged and confidential and not subject to compulsory disclosure. The mediator shall not appear to testify in any court proceedings. See RCW 5.60.070.

SPR 94.08.4. COURTCALL TELEPHONIC APPEARANCE RULE (a) Program Overview. (1) The CourtCall Telephonic Appearance Program ("CourtCall"), 1-888-882-6878, organizes a procedure for telephonic appearance by attorneys or self-represented parties as a reasonable alternative to personal appearances in appropriate cases and situations. CourtCall is fully voluntary and no person is required to utilize CourtCall. CourtCall is available at a fixed fee to use when circumstances are appropriate. (2) Hearings will be held on a specific calendar in the usual manner, unless the court exercises its discretion to call cases in a different order. (3) Hearings are conducted in open court or in private as the court may designate. All attorneys or self-represented parties making CourtCall Appearances call a designated toll free teleconference number a few minutes before the calendar is scheduled, to check in with the Clerk. Attorneys or self-represented parties remain on the court's speakerphone-telephone line and hear the same business that those present in the court may be hearing. Attorneys or self-represented parties not participating telephonically appear in person. The court calls cases for hearing. All attorneys or self-represented parties on a case participate in the hearing. All present in the courtroom hear the discourse of those making CourtCall Appearances. (4) CourtCall Appearances are scheduled, in writing, in advance, by counsel or self-represented parties serving on all other counsel and self-represented parties and delivering (via fax, mail, or personal delivery) to CourtCall, LLC, not less than seven (7) court days prior to the hearing date, a Request for CourtCall Appearance form and by paying the stated fee for each CourtCall Appearance. The court may shorten the time for serving the request for good cause shown. (5) Fee Waiver. Any party wishing to request a CourtCall fee waiver must file a motion for fee waiver, a financial declaration, and provide a proposed order. The Clerk will deliver said fee waiver request to the Judge for consideration. (b) Participation in CourtCall Appearances. (1) Court. (a) The court shall hear CourtCall Appearances in the order in which they are noted on the calendar, unless the court exercises its discretion to call cases in a different manner. (b) The following matters are currently deemed unsuitable for CourtCall Appearances and shall require the personal appearance of counsel or self-represented parties, unless otherwise approved in advance by the court. (i) Judgment Debtor Exami-nations; (ii) Settlement Conferences; (iii) Hearings and trials at which oral testimony may be presented; (iv) Show cause hearings regarding contempt by a party. (c) The court reserves the right, at any time, to reject any Request for CourtCall Appearance. When the court rejects a request, it shall order a refund of deposited telephonic appearance fees and notify CourtCall, LLC. (d) The court reserves the right to halt the telephonic hearing on any matter and order the attorneys or self-represented parties to personally appear at a later date and time, in which case no refund is permitted. (e) If a matter is continued prior to the actual hearing date, the prior filing of a Request for CourtCall Appearance form shall remain valid for the continued date of the hearing. (f) Existing rules and procedures regarding making of the record by a court reporter or electronic device or obtaining a transcript after the hearing shall apply to hearings at which CourtCall Appearances are made. No private recordings may be made of telephonic appearances. (2) Attorneys and Self-Represented Parties. (a) Attorneys and self-represented parties electing to make a CourtCall Appearance shall serve, on all other parties in the case, the Request for CourtCall Appearance form, fax or otherwise deliver a copy of the form to CourtCall, LLC, and pay the CourtCall Appearance Fee in the method prescribed, not less than seven (7) court days before the hearing date. The court may shorten the time for serving the request for good cause shown. (b) When the Request for CourtCall Appearance is made at the same time as the filing of the hearing documents or response, in addition to the Request for CourtCall Appearance form, the words "CourtCall Appearance Requested" shall be printed below the department, date, and time of the hearings on the first page of the papers filed with the court and courtesy copies for the judge. (c) Appearance Procedure. (1) An attorney or a self-represented party making a Court Call Appearance shall: (a) Eliminate to the greatest extent possible all ambient noise from the calling location; (b) Be required, during the speaker's appearance, to speak directly into a telephone handset; (c) Not call in with cellular or cordless telephone devices or through a personal computer. (2) An attorney or a self-represented party making a CourtCall Appearance shall call the court's designated toll free teleconference line approximately five (5) minutes prior to the scheduled hearing time and check-in with the Clerk. All persons calling after the check-in period shall be considered to be late for the hearing and shall be treated by the court in the same manner as if the person had personally appeared late for the hearing. (3) An attorney or a self-represented party appearing telephonically shall state his or her name for the record each time the person speaks and shall participate in the appearance with the same degree of courtesy and courtroom etiquette as is required for a personal appearance. An attorney or a self-represented party shall not utilize the "hold" button, as it is not within the policy of the court to wait for any person to rejoin the line.

SPR 98.04.5. GUARDIANS AD LITEM [See Superior Court Guardian ad Litem Rules (GALR) for general responsibilities of guardians ad litem.] (a) Appointments of Guardian ad Litem. All guardians ad litem shall be appointed as set forth in the policies and procedures for guardians ad litem, approved by the judges and maintained by the Superior Court Administrator's Office. (b) Grievance Procedures. (1) Submission of Complaints. All complaints made by or against guardians ad litem shall be in writing and shall be submitted to the Court Administrator. All complaints must bear the signature, name and address of the person filing the complaint. (2) Review of Complaint. Upon receipt of a written complaint, the Court Administrator shall refer the complaint to the judge for review. (3) Findings and Action of Complaint. Upon review of the complaint, the judge shall either: (A) Make a finding that the complaint is with regard to a case then pending in the court and decline to review the complaint and so inform the complainant. In such instances, the judge shall advise the complainant that the complaint may only be addressed in the context of the case at bar, either by seeking the removal of the guardian ad litem or by contesting the information or recommendation contained in the guardian ad litem's report or testimony; or (B) Make a finding that the complaint has no merit on its face, and decline to review the complaint and so inform the complainant; or (C) Make a finding that the complaint appears to have merit and request a written response from the guardian ad litem or other person against whom the complaint is brought within ten (10) business days, detailing the specific issues in the complaint to which the judge desires a response. The judge shall provide the guardian ad litem or other person against whom the complaint is brought with a copy of the original complaint. In considering whether any complaint against a guardian ad litem has merit, the judge shall consider whether the complaint alleges the guardian ad litem has (i) violated a code of conduct, (ii) misrepresented his or her qualifications to serve as a guardian ad litem, (iii) breached the confidentiality of the parties, (iv) falsified information in a report to the court or in testimony before the court, (v) failed, when required, to report abuse of a child, (vi) communicated with a judicial officer ex parte concerning a case for which he or she is serving as guardian ad litem, (vii) violated state or local laws or court rules, or (viii) taken or failed to take any other action which would reasonably place the suitability of the person to serve as a guardian ad litem in question. (4) Response and Findings on Complaint. Upon receipt of a written response to a complaint, the judge shall make a finding as to each of the specific issues in the complaint to which the judge desires a response, as delineated in the judge's letter to the person against whom the complaint is brought. Such findings shall state that either there is no merit to the issue based upon the response or that there is merit to the issue. (5) Forms of Discipline. The judge shall have the authority to issue a written admonition or a written reprimand, refer the guardian ad litem (if the complaint is against a guardian ad litem) to additional training, or suspend or remove the guardian ad litem from the registry. In considering an appropriate form of discipline, the judge shall take into consideration any prior complaints that resulted in an admonition, reprimand, referral to training, or suspension or removal from the registry. If the guardian ad litem against whom the discipline is directed is listed on more than one registry, the suspension or removal may apply to each registry the guardian ad litem is listed on, at the discretion of the judge. (6) Notice to Complainant and Person Against Whom Complaint is Brought. The complainant and the person against whom the complaint is brought shall be notified in writing of the judge's decision following receipt of the response to the complaint. (7) Confidentiality. A complaint shall be deemed confidential for all purposes unless the judge reviewing the complaint has determined that the complaint has merit. Any record of complaints filed which are not deemed by the judge to have merit shall be confidential, and shall not be disclosed except by court order, upon good cause shown, after the person against whom the complaint was brought has been given notice and an opportunity to be heard. (8) Complaint Processing Standards. Complaints shall be resolved within twenty-five (25) days of the date of receipt of the written complaint if a case is pending. Complaints shall be resolved within sixty (60) days of the date of receipt of the written complaint if the complaint is filed after the conclusion of a case. (9) Removal from Registry. When a guardian ad litem is removed from the court's registry pursuant to the disposition of a grievance hereunder, the Court Administrator shall send a notice of such removal to the Administrative Office of the Courts. When the Court Administrator receives notice from the Administrative Office of the Courts that a guardian ad litem on the court's registry has been removed from the registry of any other Washington superior court, the Court Administrator shall advise the judge of such removal.

LCrR 4.2(i) AUTHORITY OF COURT COMMISSIONERS

Court Commissioners qualified under Article 4, Section 23 of the Washington Constitution are authorized to preside over arraignments, preliminary appearances, initial extradition hearings, and noncompliance proceedings pursuant to RCW 9.94A.200; accept guilty pleas as authorized in this local rule pursuant to RCW 2.24.040(15); appoint counsel; make determinations of probable cause; set, amend, and review conditions of pretrial release; set bail; set trial and hearing dates; authorize continuances and accept waivers of the right to speedy trial.

LCrR 4.9. PRETRIAL MOTIONS The attorneys or self-represented parties shall specially set pretrial motions in criminal matters with the Court Administrator at least ten (10) days prior to trial unless otherwise ordered by the Court.

LCrR 6.1 TRIAL BY JURY OR BY THE COURT (a) Trial Brief or Memorandum. In criminal trials with contested legal or evidentiary issues, each party shall prepare a trial brief or memorandum of authorities containing the issues involved and the authorities supporting same and provide the same to the Clerk, opposing counsel or a self-represented party, and the judge by noon two (2) days prior to the date set for commencement of trial. The parties shall endeavor to foresee likely evidentiary issues based on information available to the parties in order to brief such issues, and shall schedule pretrial motions regarding the same if possible.

LCrR 8.1 TIME

Time shall be computed and enlarged in accordance with CR 6, and not by the civil local court rules.

LCrR 8.2 MOTIONS (a) Motion Calendar. Criminal motion calendar shall be set at 9:30 a.m. on Mondays. (b) Motions. Unless changed by the Local Criminal Court Rules, Criminal Rules 3.5 and 3.6, Civil Rule 7(b), and LCR 7 shall govern motions in criminal cases. CourtCall may only be utilized in limited circumstances and then only after court approval. (c) Sentencing Hearings. For all criminal sentencing hearings the parties shall obtain a special set hearing date and time, usually Monday afternoons, Tuesday mornings, or as otherwise agreed, depending upon schedules of the parties and as confirmed with the Court Administrator.

[Amended July 1, 2018, Amended September 10, 2018, Effective October 1, 2018, January 1, 2019]

LCrR 8.4 SERVICE, FILING, AND SIGNING OF PAPERS (a) Filing - Multiple Case Numbers. Except in consolidated cases, no document shall be filed with more than one case number unless sufficient copies are simultaneously provided for each case. If all of the provisions of a document do not apply to each of the case numbers, one document may not be used and separate documents should be filed in the individual cases.

LJuCR 1.4. APPLICABILITY OF OTHER RULES

(a) Criminal Rules. The Superior Court Criminal Rules and Local Criminal Rules shall apply in juvenile offense proceedings when not inconsistent with these rules and applicable statutes.

JuCR 1.6 COURT APPOINTED SPECIAL ADVOCATE PROGRAM This judicial district has a Court Appointed Special Advocate program. Rules and details may be obtained from Juvenile Court Services.

LJuCR 2.5 AMENDMENT OF SHELTER CARE ORDER

(a) 30-Day Shelter Care Review. If a parent, guardian ad litem, or court- appointed special advocate wishes to contest placement of a child or any service ordered at the shelter care hearing, he or she must file and serve on all parties and counsel a notice of contested issues no later than three (3) court days before the 30-day shelter care review hearing. The notice of contested hearing shall be accompanied by written evidence in support of the issue. Unless good cause is shown, failure to provide timely notice of contested issues shall constitute a waiver of the right to raise such issues at the 30-day shelter care review hearing.

LJuCR 3.9 REVIEW HEARING

(a) Department's Written Review Report. A written review report shall be prepared by the department and shall be filed and served on all counsel and parties not less than ten (10) days prior to the review hearing. (b) Notice of Contested Issues. After receipt of the department's report, if a parent, guardian ad litem, or court-appointed special advocate wishes to contest any issue, he or she must file serve a notice of contested issues no later than three (3) court days before the hearing. The notice of contested hearing shall be accompanied by written evidence in support of the issue. Unless good cause is shown, failure to provide timely notice of contested issues shall constitute a waiver of the right to contest any issue, except the department's permanency plan.

LJuCR 7.3 DETENTION FACILITIES

(g) Facilities In San Juan County. The San Juan County Juvenile Court shall designate appropriate juvenile detention facilities for use; provided, that the detention area within the San Juan Sheriff's Department building may be used for detention of juveniles prior to an initial court appearance if no adult prisoners are housed in the same detention area.

LJuCR 11.3 COURT SHEDULES FOR JUVENILE MATTERS

See LCR 77(r)(3).

LJuCR 11.4. DUTIES OF CLERKS

(1)(a) Distribution of Funds. [See RCW 9.94A.760(l)]

LJuCR 11.5 FINANCIAL RESPONSIBILITY

(a) Financial Obligation. Pursuant to the intent and standards set forth in RCW 13.16.085 and RCW 13.40.145, in any juvenile court proceeding regarding the detention, disposition or modification regarding a juvenile offender, or in any at risk youth, CHINS, truancy or dependency proceeding, the court may order the parent or parents, guardian, or other person legally obligated to support the juvenile, to pay a reasonable sum for the cost of detention and/or legal services provided by publicly funded counsel. (b) Assessment of Costs. The assessment for the cost of detention and publicly funded counsel should not exceed actual costs to the county. The costs shall be assessed and ordered paid in a reasonable time unless a sworn financial statement is presented to the court at said proceeding justifying reduction or elimination of any such assessment, or there are other circumstances recognized by the court for reducing or not imposing the assessment. (c) Notice. It shall be the duty of the Juvenile Court Services and/or the prosecuting attorney, to notify the parent or parents, guardian, or other person legally obligated to support the juvenile of this rule prior to said proceeding and to provide all necessary documents in order for such person to adequately prepare for said proceeding. Notice shall be provided to the parties five days in advance of any proceeding to assess costs. (d) Time. Proceedings to assess costs shall not be held prior to sentencing or contempt hearing. (e) Payments Forwarded. Juvenile Court Services, the public defense department, or the County Clerk's Office shall receive payments in a manner appropriate to local and state auditing regulations and shall forward such payments to the county treasurer. (f) Sanctions. A show cause hearing with timely notice by Juvenile Court Services or the prosecuting attorney to the delinquent person or agency may be held to inquire into the delinquency of the assessment and the sanctions available under RCW 13.16.085 and RCW 13.40.145.

APPENDIX A. TEMPORARY RESTRAINING ORDER (TMRO), SPR 94.08.1 The contents of this item are only available on-line.

APPENDIX B. VERIFIED STATEMENT OF ASSETS AND LIABILITIES, SPR 94.08.1 The contents of this item are only available on-line.

APPENDIX C. NOTE FOR TRIAL SETTING, LCR 40 The contents of this item are only available on-line.

APPENDIX D. NOTICE OF CONFLICT DATES, LCR 40 The contents of this item are only available on-line.

APPENDIX E. STATEMENT OF READINESS FOR TRIAL, LCR 16 The contents of this item are only available on-line.

APPENDIX F. ORDER TO SHOW CAUSE RE: PARENTING CLASS, SPR 94.08.2 The contents of this item are only available on-line.

APPENDIX G. REQUEST FOR ENTRY OF DECREE AND DECLARATION OF JURISDICTIONAL FACTS, LCR 8 The contents of this item are only available on-line.

APPENDIX H. DOMESTIC RELATIONS PRE-TRIAL INFORMATION, LCR 39 The contents of this item are only available on-line.

APPENDIX I. JIS INFORMATION COVER SHEET The contents of this item are only available on-line.

APPENDIX J. SAN JUAN COUNTY SUPERIOR COURT CONDUCT AND DRESS CODE, LCR 81 The contents of this item are only available on-line.

APPENDIX K. COURTROOM DECORUM AND PRACTICE GUIDELINES, LCR 87 The contents of this item are only available on-line.

APPENDIX L. EVALUATION STANDARDS The contents of this item are only available on-line.

APPENDIX M. STIPULATION TO MODIFY EMAIL SERVICE RULE The contents of this item are only available on-line.

SUPERIOR COURT OF SPOKANE COUNTY LOCAL COURT RULES Table of Rules

Index to the Local Rules Local General Rules (LGR) 0.15 Destruction, Sealing, and Redaction of Court Records 0.31 Access to Court Records

I. Administrative and Civil Rules (LAR and LCR) 1. Introductory LAR 0.1 Departments of Court LAR 0.2 Court Organization and Management LAR 0.3 Committees LAR 0.4 Standards for Timely Disposition of Civil Cases LAR 0.4.1 Case Schedule Order and Assignment of Civil Cases LAR 0.5 Civil Mediation LAR 0.6 Juvenile Court and Family Law Department LAR 0.7 Revision of Court Commissioner's Order Or Judgment LAR 0.8 Local Rule to Implement GR 31 and GR 22 LAR 30 Electronic Filing 2. Commencement of Action LCR 5. Service and Filing of Pleadings and Other Papers 3. Pleadings and Motions LCR 7. Pleadings LCR 10. Form of Pleadings and Other Papers LCR 12. Defenses LCR 15. Amended Pleadings LCR 16. Pretrial Procedure 5. Depositions and Discovery LCR 37. Failure to Make Discovery: Sanctions 6. Trials LCR 38. Jury Trial of Right LCR 40. Assignment of Cases & Motion Practice LCR 43. Taking of Testimony LCR 47. Jurors LCR 49. Verdicts LCR 51. Instructions to Jury and Deliberation LCR 52. Decisions, Findings and Conclusions 7. Judgment LCR 54. Judgments and Costs LCR 55. Default and Judgment LCR 56. Summary Judgment LCR 58. Entry of Judgments LCR 59. New Trial and Amendment of Judgments LCR 69. Execution 10. Superior Courts and Clerks LCR 77. Superior Courts and Judicial Officers LCR 79. Books and Records Kept by Clerk LCR 80. Court Reporters 12. Special Proceedings Rules (LSPR) LSPR 91.04 Garnishments LSPR 92.0 Collaborative Law Process LSPR 93.04 Adoptions LSPR 94.03 Mandatory Parenting Seminars LSPR 94.04 Family Law Actions LSPR 94.05 Family Law, Guardian Ad Litem, and Discovery Procedures LSPR 94.06 Guardians Ad Litem - RCW Title 26 Family Law - Appointment, Guardian Ad Litem Report, Case and Annual Evaluations and Complaint Procedures LSPR 96.04 Change of Name of Stepchild LSPR 98.04 Estates-Probate LSPR 98.16 Attorney's Fees Fixed by Court In Minor Or Incompetents Settlements LSPR 98.18 Court-Created Trusts LSPR 98.20 Estates-Guardianships LSPR 98.22 Guardians Ad Litem - RCW 11.88 Guardianships - Appointment, Guardian Ad Litem Report, Case and Annual Evaluations and Complaint Procedures LSPR 98.24 Mandatory Guardian Training LSPR 99. Local Rules of Superior Court

II. Local Mandatory Arbitration Rules (LMAR) 1. Scope and Purpose of Rules LMAR 1.1 Application of Rules-Purpose and Definitions LMAR 1.2 Matters Subject to Arbitration LMAR 1.3 (Deleted) 2. Transfer to Arbitration and Assignment of Arbitrator LMAR 2.1 Transfer to Arbitration LMAR 2.3 Assignment to Arbitrator 3. Arbitrators LMAR 3.1 Qualifications LMAR 3.2 Authority of Arbitrators 4. Procedures After Assignment LMAR 4.2 Discovery 5. Hearing LMAR 5.1 Notice of Hearing-Time and Place-Continuance LMAR 5.2 Prehearing Statement of Proof-Documents Filed With Court LMAR 5.3 (Deleted) 6. Award LMAR 6.1 Form and Content of Award LMAR 6.2 Filing of Award LMAR 6.3 Judgment on Award

7. Trial De Novo LMAR 7.1 Request for Trial De Novo LMAR 7.2 (Deleted) LMAR 7.3 (Deleted) 8. General Provisions LMAR 8.1 Stipulations-Effect on Relief Granted LMAR 8.3 [Deleted] LMAR 8.4 Title and Citation LMAR 8.5 Compensation of Arbitrator LMAR 8.6 Administration

III. CRIMINAL RULES (CITE AS LCrR) 2. Procedures Prior to Arrest and Other Special Proceedings LCrR 0.2 Court Organization and Management LCrR 0.3 Committees LCrR 2.1 (Untitled) LCrR 2.2 Warrant of Arrest and Summons LCrR 2.3 Search and Seizure 3. Rights of Defendants LCrR 3.1 Right to and Appointment of Counsel LCrR 4.5 Omnibus Hearings and Motions LCrR 7.1 Sentencing LCrR 7.8 Payment of Costs and Restitution Through Clerk

IV. JUVENILE COURT RULES (CITE AS LJUCR) 2. Shelter Care Hearings LJuCR 2.3 Notice and Right to Hearing 3. Dependency and Guardianship/Termination LJuCR 3.1 Filing and Service of Process of Dependency, Guardianship and Termination Petitions LJuCR 3.3 Content of Petition LJuCR 3.4 Appointment of Counsel and Scheduling of Dependency Fact-Finding Hearing LJuCR 3.7 (Deleted) LJuCR 3.8 (Deleted) LJuCR 3.9 Review Hearing LJuCR 3.10 Assignment to Court Commissioner LJuCR 3.11 Setting A Contested Hearing 5. At-Risk Youth (ARY) and Child In Need of Services (CHINS) Proceedings LJuCR 5.1 Procedure for Filing LJuCR 5.2 Appointment of Attorney LJuCR 5.3 Scheduling of Fact-Finding Hearing LJuCR 5.4 Notice of Fact-Finding Hearing LJuCR 5.5 Detention Hearing LJuCR 5.6 Disposition Hearing LJuCR 5.7 Review Hearing 6. Diversion LJuCR 6.4 (Deleted) LJuCR 6.6 (Deleted) 7. Offense Proceedings LJuCR 7.1 (Deleted) LJuCR 7.3 (Deleted) LJuCR 7.4 Detention Hearing LJuCR 7.5 Summons LJuCR 7.6 (Deleted) LJuCR 7.7 (Deleted) LJuCR 7.12 (Deleted) LJuCR 7.14 (Deleted) 8. Decline of Jurisdiction LJuCR 8.1 (Deleted) LJuCR 8.2 (Deleted) 9. Right to Lawyer and Experts LJuCR 9.1 (Deleted) LJuCR 9.2 (Deleted) LJuCR 9.3 Right to Appointment of Experts 11. Supplemental Provisions LJuCR 11.2 (Deleted) LJuCR 11.3 (Deleted) LJuCR 11.4 Continuances LJuCR 11.5 Calendar Inquiries LJuCR 11.6 (Deleted) LJuCR 11.7 Medical Consent Authorizations LJuCR 11.8 (Deleted) LJuCR 11.9 Payment of Restitution Through Clerk 12. Truancy Proceedings LJuCR 12.1 Legal Representation LJuCR 12.2 Notice

V. Local Rules for Appeals of Decisions of Courts of Limited Jurisdiction (LRALJ) 2. Initiating an Appeal LRALJ 2.4 (Deleted) 3. Assignment of Cases in Superior Court LRALJ 3.1 Assignment 4. Authority of Court Pending Appeal-Stays LRALJ 4.1 Authority of Court Pending Appeal LRALJ 4.3 Stay of Enforcement of Judgment 9. Superior Court Decision LRALJ 9.1 Basis for Decision on Appeal LRALJ 9.2 Entry of Decision 10. Violation of Rules-Sanctions and Dismissal LRALJ 10.2 Dismissal of Appeal 11. Supplemental Provisions LRALJ 11.5 (Deleted) LRALJ 11.8 (Deleted)

VI. Local Writ Practice Rules (LWP) LWP 1.1 Application for Writ LWP 1.2 Dismissal

Forms and Attachments

Spokane County Clerk Indexing Sheet Civil Case Schedule Order (ORSCS) Domestic Case Schedule Order (ORSCS) Paternity Case Schedule Order Civil Joint Case Status Report Domestic Joint Case Status Report Case Assignment Notice and Order (NTAS) Domestic Case Assignment Notice and Order (NTAS)

INDEX TO THE LOCAL RULES FOR THE SUPERIOR COURT OF SPOKANE COUNTY LAR...... Local Administrative Rules 0.1 through 0.7 LCR...... Local Civil Rules 1 through 80 LSPR...... Local Special Proceeding Rules 91 through 99 LMAR...... Local Mandatory Arbitration Rules LCrR...... Local Criminal Rules LJuCR...... Local Juvenile Court Rules LRALJ...... Local Rules For Appeals of Decisions of Courts of Limited Jurisdiction LWP...... Local Writ Practice ______Reprinted with permission from West's Washington Court Rules, Copyright 1991 By West Publishing Co. ABSENCE Attorneys, verdict, LCR 49. ABUSE OF CHILDREN Guardian ad litem, LSPR 94.05. Juveniles placed in shelter care, notice, LJuCR 2.3. ACCOUNTS AND ACCOUNTING Decedents estates, LSPR 98.04. Guardians, petition for approval, LSPR 98.20. ADOPTION OF PERSONS Appearance, LSPR 93.04. Consent, Form, LSPR 93.04. Preplacement reports, LSPR Special report, LSPR 93.04. ADVICE OF RIGHTS Juvenile delinquents, detention hearing, LJuCR 7.5. AFFIDAVITS Children and Minors, this index. Crimes and offenses, motions requiring testimony, LCR 40. Depositions, hearing on motions, LCR 43. Issue of law, filing, LCR 40. Juvenile Delinquents, this index. AGE Children and minors, dependency petition, age of parents, LJuCR 3.3. AGENDA Meetings, management meetings, LAR 0.2. APPEAL AND REVIEW Authority of court pending appeal, LRALJ 4.1. Basis for decision, LRALJ 9.1. Calendar, LRALJ 3.1. Dismissal, LRALJ 10.2. Stay of enforcement of judgment, LRALJ 4.3. APPEARANCE Adoption, LSPR 93.04. APPENDIX Briefs, contents, filing, LCR 5. ARBITRATION Administrator, supervision by, LMAR 8.6. Arbitrator, Assignment, LMAR 2.3. Authority, LMAR 3.2. Compensation, LMAR 8.5. Qualifications, LMAR 3.1. Assignment of case to arbitrator, LMAR 2.3. Award, LMAR 6.1 et seq. Filing, LMAR 6.2. Judgment on, LMAR 6.3. Stipulation, award in case transferred by, LMAR 8.1. Citation of rules, LMAR 8.4. Costs, LMAR 3.2. Discovery, LMAR 4.2. Effective date, LMAR 8.3 Fees, LMAR 3.2. Hearing, LMAR 5.1 et seq. Judgment on award, LMAR 6.3. Mandatory arbitration, LMAR 1.1 et seq. Matters subject to, LMAR 1.2. Prehearing statement of proof, LMAR 5.2. Purpose of rules, LMAR 1.1. Statement and response, LMAR 2.1. Prehearing statement, LMAR 5.2. Stipulation, LMAR 2.1, 8.1. Supervision, LMAR 8.6. Time and place of hearing, LMAR 5.1. Transfer of problem to arbitration, LMAR 2.1. Trial de novo, LMAR 7.1. ARBITRATOR Assignment, LMAR 2.3. Authority, LMAR 3.2. Compensation, LMAR 8.5. Qualifications, LMAR 3.1. ARGUMENTS AND CONDUCT OF COUNSEL New trial, motions, LCR 59. Recording, LCR 80. ARRAIGNMENT Chief Criminal Judge, duties, LAR 0.2. Juvenile courts, calendar, LJuCR 11.3. Juvenile Delinquents, this index. ARREST Detention, generally, this index. Show cause order, failure to appear, LCR 69. Summons, LCrR 2.2. ASSIGNMENT OF CASES Generally, LAR 0.2, LCR 40. Jury trial, LCR 77. ASSIGNMENT OF JUDGES Family law department, LAR 0.6. Juvenile court department, LAR 0.6. AT-RISK YOUTH Generally, LJuCR 5. ATTACHMENT Evidence, motions, LCR 43. Issuance, LCR 69. ATTORNEYS Absence, verdict, LCR 49. Arguments and Conduct of Counsel, generally, this index. Change of name or address, format, LCR 10. Children and Minors, this index. Criminal cases, notice of employment, LCrR 3.1. Fees, LCrR 3.1. Inspection of rules, fees, LSPR 99. Judges pro tempore, LCR 77. Judgments and decrees, signature, LCR 10. Juvenile courts, calendar call, LJuCR 11.6. Juvenile Delinquents, this index. Nonresidents, Notice of trial, LCR 40. Stipulations, LCR 54. Records, removal from courthouse, LCR 79. Right to Counsel, generally, this index. Settlement conferences, presence, LCR 16. Status of cases, change, reports, LCR 40. Unavailability, reports, LCR 40. Withdrawal, Criminal cases, LCrR 3.1. Estate representation, notice, LSPR 98.20. Notice, filing, LCrR 3.1. ATTORNEYS FEES Arbitration matters, LMAR 3.2. Depositions, hearing on motions, LCR 43. Minor or incompetent settlement, LSPR 98.16. BAIL Show cause order, failure to appear, LCR 69. BAR ASSOCIATIONS Amendment of rules, LSPR 99. Court administrator, duties, LAR 0.2. BIRTH CERTIFICATES Adoption, Preplacement report, LSPR 93.04. BONDS (OFFICERS AND FIDUCIARIES) Decedents estates, guardians, LSPR 98.20. Juvenile delinquents, release, LJuCR 7.4. BOOKS AND PAPERS Generally, LCR 79. Filing, LCR 5. Form, LCR 10. Issue of law, filing, LCR 40. Judgments and decrees, filing, LCR 54. Rejection, LCR 79. BRIEFS Contents, filing, LCR 5. BUDGET Court administrators, duty, LAR 0.2. BURIAL EXPENSES Decedents estates, petition for homestead, LSPR 98.06. CALENDAR Assignment of cases, LCR 40. Children and Minors, this index. Court administrator, duties, LAR 0.2. Delinquency calendar, guardian and ward, untimely accounting, LSPR 98.20. Juvenile Courts, this index. Juvenile Delinquents, this index. Management, LAR 0.2. Motions, LCR 40. Scheduling cases for trial, LCR 16. Setting of pre-assigned cases, LCR 40. Termination of parental rights, LJuCR 11.3. CASE ASSIGNMENT NOTICE Generally, LAR 0.4.1(b), Form, Appendix A. CASE SCHEDULE ORDER Generally, LAR 0.4(c). Form, LAR 0.4(e). CERTIFICATE OF READINESS Filing, LCR 40 CHALLENGES Jury, LCR 47. CHAMBERS Children and minors, dependency petition, fact finding hearing, LJuCR 3.7. Hearings on motions, LCR 77 CHANGE OF NAME Stepchild, LSPR 96.04. CHILD IN NEED OF SERVICES Generally, LJuCR 5.1 et seq. CHILDREN AND MINORS Abuse or neglect, guardian ad litem, LSPR 94.05. Affidavits, Dependency petition, review hearing, LJuCR 3.9. Placement in shelter care, LJuCR 2.1. Release from shelter care, LJuCR 2.2. Attorneys, Appointment, LJuCR 9.2. Dependency petition, Appointment, LJuCR 3.4. Review hearing, notice, LJuCR 3.9. Shelter care hearing, notice, LJuCR 2.3. Calendar, Fact finding hearing, LJuCR 3.4 Review hearing, LJuCR 3.9. Shelter care hearing, LJuCR 2.3 Child in Need of Services, LJuCR 5. Custody of children, Guardian ad litem, abuse or neglect allegations, LSPR 94.05. Juvenile court wards, LSPR 94.04. Dependency petitions, LJuCR 3.1. Attorneys. appointment, LJuCR 9.2. Contents, LJuCR 3.3. Review hearing, LJuCR 3.9. Social study, filing, LJuCR 3.8. Emergency motions to take child into custody, LJuCR 11.3. Expert witnesses, appointment, LJuCR 9.3. Guardian ad litem, abuse or neglect allegations, LSPR 94.05. Guardian and Ward, this index. Interim placement review hearing, LJuCR 5.3. Calendars, LJuCR 11.3. Juvenile Delinquents, generally, this index. Neglected children. Dependency petition, generally, ante. Notice, Dependency petition, Review hearing, LJuCR 3.9. Scheduling hearing, LJuCR 3.4. Fact-finding hearing, alternative residential placement, LJuCR 5.4. Shelter care, hearings, LJuCR 2.3. Petitions, Dependency petitions, generally, ante. Referral to agencies, abuse or neglect allegations, LSPR 94.05. Reports, Fact-finding hearing, LJuCR 5.6. Review hearing, LJuCR 5.7. Dependency petition, review hearing LJuCR 3.9. Shelter care, continuing, LJuCR 2.2. Service of process, Dependency petition, LJuCR 3.4. Shelter care hearing, LJuCR 2.3. Shelter care, Calendars, LJuCR 11.3. Disposition, LJuCR 3.8. Hearings, LJuCR 2.3. Notice of placement, LJuCR 2.1. Release, LJuCR 2.2. Support economic table, dissolution of marriage, LSPR 94.04. CLERKS OF COURT Books and records, LCR 79(g). Motions, filing, LCR 5. Withdrawal of files, LCR 79(h).

COMMERCIAL PAPER Judgments and decrees, entry, LCR 58. COMMITTEES Establishment, LAR 0.3. Juvenile courts, meetings, LJuCR 11.8. Presiding judge, appointment, LAR 0.2. COMPENSATION AND SALARIES Arbitrators, LMAR 8.5. Guardians, decedents estates, LSPR 98.20. Juvenile court, expert witness, LJuCR 9.3. Privately retained counsel, LCrR 3.1. COMPROMISE AND SETTLEMENT Decedents estates, guardianship matters, LSPR 98.20. CONFESSIONS Admissibility, recording, LCR 80. CONFIDENTIAL AND PRIVILEGED INFORMATION Settlement conferences, LCR 16. CONTEMPT Execution, LCR 69. CONTINUANCE Arbitration, LMAR 5.1. Certificate, readiness, failure to file LCR 40. Criminal cases, withdrawal of attorney LCrR 3.1. Factfinding hearings, LJuCR 3.4. Juvenile courts, request, LJuCR 11.4. Juvenile delinquents, disposition hearing LJuCR 7.12. Status of case, failure to report changes, LCR 40. COSTS Arbitration matters, LMAR 3.2. Criminal costs, restitution, LCrR 7.8. Payment, LCrR 7.8. COUNTERAFFIDAVITS Depositions, hearing on motions, LCR 43. Issue of law, filing, LCR 40. COUNTER-NOTICE Trial, assignment of cases, LCR 40. COUNTY GOVERNMENT Court administrator, duties, LAR 0.2. COURT ADMINISTRATOR Duties, LAR 0.2. Arbitration matters, LMAR 8.6. Supervision, LAR 0.2. COURT ORGANIZATION AND MANAGEMENT Generally, LAR 0.2 COURT COMMISSIONERS Revision of order or judgment, LAR 0.7. Supervision, LAR 0.2. COURT REPORTERS Generally, LCR 80. Notes, filing, LCR 80. COURTHOUSES Records, removal, LCR 79. CRIMES AND OFFENSES Adoption, Preplacement report, LSPR 93.04. Attorney, notice of employment, LCrR 3.1. Court reporters notes, filing, LCR 80. Juvenile Delinquents, generally, this index. Motions requiring testimony, LCR 40. Presiding judge, duties, LAR 0.2. Reporting cases, LCR 80. Setting date of trial, notice, LCR 40. CUSTODY OF CHILDREN Children and Minors, this index. DAMAGES Settlement conferences, LCR 16. DATA PROCESSING Inspection of rules, fees, LSPR 99. Jury, selection, LCR 47. DECEDENTS ESTATES Guardian and Ward, this index. Presiding judge, duties, LAR 0.2. Probate and accounts, LSPR 98.04. Wills, order for production, LSPR 98.04. DECISIONS, FINDINGS AND CONCLUCIONS Generally, LCR 52 DECREES Judgments and Decrees, this index. DEFAULT JUDGMENTS Generally, LCR 55. DELAY OF TRIAL Motion, LCR 40. DELINQUENCY CALENDAR Guardian and ward, lack of timely accounting, LSPR 98.20. DELINQUENT CHILDREN Juvenile Delinquents, generally, this index. DEPARTMENTS Generally, LAR 0.1. Numbering, LAR 0.1. DEPENDENT CHILDREN Children and Minors, this index. Juvenile Delinquents, generally, this index.

DEPOSITIONS Generally, LCR 37. DESCENT AND DISTRIBUTION Decedents Estates, generally, this index. DETENTION Juvenile Delinquents, this index. DISCOVERY Generally, LCR 37. Arbitration matters, LMAR 4.2. Case Schedule Order, LAR 0.4.1(h). Conferences, LCR 40. Failure to make discovery, sanction, LCR 37. Family law actions, LSPR 94.05. Filing exhibits, LCR 5. Stay, guardian ad litem motion, LSPR 94.05. DISMISSAL AND NONSUIT Children and minors, alternative residential placement, LJuCR 5.3. Motions, time of hearing motions, LCR 40. DISPOSITION PLAN Children and minors, alternative residential placement, fact-finding hearing, LJuCR 5.6. DISSOLUTION OF MARRIAGE Marriage, this index. DIVERSION AGREEMENT Juvenile delinquents, Termination, LJuCR 6.6. DOCUMENTS Books and Papers, generally, this index. DOMESTIC CASE SCHEDULE ORDER Generally, LAR 0.4(b) Form, LAR 0.4(d) DOMESTIC RELATIONS Time standards, disposition of cases, LAR 0.4. DRUG COURT LAR 0.2(e)(1). ECONOMIC TABLE Child support, dissolution of marriage, LSPR 94.04. ELECTRONIC DATA PROCESSING Inspection of rules, fees, LSPR 99. Jury, selection, LCR 47. EMERGENCIES Amendment of rules, LSPR 99. Discovery, conferences, LCR 40. Juvenile court, medical treatment, LJuCR 11.7. EMPLOYEES Court administrator, duties, LAR 0.2. Supervision, LAR 0.2.

ESTATES OF DECEDENTS Decedents Estates, generally, this index. EVIDENCE Generally, LCR 43. Juvenile delinquents, detention hearing, LJuCR 7.4. Motions, LCR 43. EX PARTE CIVIL MATTERS Juvenile review hearing, presentation of proposed order, LJuCR 3.9. Presiding judge, duties, LAR 0.2. EXCEPTIONS Assignment of cases, LCR 40. EXECUTION Issuance, LCR 69. EXHIBITS Custody, LCR 79. Filing exhibits, LCR 5. Rejection, LCR 79. EXPERT WITNESSES Juvenile court, appointment, LJUCR 9.3. FAMILY LAW DEPARTMENT Generally, LAR 0.6. Hearings, LSPR 94.04. Orders, LSPR 94.04. Sessions, LAR 0.6. FEES Compensation and Salaries, generally, this index. FILES Records, generally, this index. FINDINGS OF FACT AND CONCLUSIONS OF LAW Decisions, LCR 52. GARNISHMENT Issuance, LCR 69. Judgments and decrees, LSPR 91.04. GUARDIAN AD LITEM Adoption, appointment, LSPR 93.04. Appointment and removal, LSPR 98.22. Children and minors, Abuse or neglect allegations, LSPR 94.05. Dependency petition, Appointment, LJuCR 3.4. Review hearing, notice, LJuCR 3.9. Family law cases, LSPR 94.06. Fees, LSPR 98.20. GUARDIAN AND WARD Children and minors, Appointment, LJuCR 3.4. Refusal to pay legal expense, appointment of attorney, LJuCR 9.2. Shelter care hearing, notice, LJuCR 2.3. Decedents estates, Accounting, LSPR 98.20. Fees and allowances, LSPR 98.20. Guardianship estates, LSPR 98.20. HEARINGS Arbitration, LMAR 5.1 et seq. Children and minors, shelter care, notice, LJuCR 2.3. HOLIDAYS Issues of law, hearing motions, LCR 40. HOMESTEAD Decedents estates, petition for homestead, filing, LSPR 98.06.

HOURS OF BUSINESS Generally, LCR 77.

HUSBAND AND WIFE Separation of Husband and Wife, generally, this index. IMPRISONMENT Show cause order, failure to appear, LCR 69. INDEX Court reporters, notes, LCR 80. INDIGENT PERSONS Juvenile Delinquents, this index. INFANTS Children and Minors, generally, this index. INFORMAL DISCUSSIONS Recording, LCR 80. INFORMATION Amendment LCrR 2.1. INJUNCTIONS Evidence, motions, LCR 43. INSPECTORS AND INSPECTIONS Exhibits, LCR 79. Sealed records, LCR 79. INSTRUCTIONS TO JURY Generally, LCR 51. Informal discussions, recording, LCR 80. INTERROGATORIES Objections, hearings, LCR 40. Unanswered interrogatories, filing, LCR 5. INVALIDITY DECLARATION Guardian ad litem for child, abuse or neglect allegations, LSPR 94.05. INVENTORY Decedents estates, guardians, filing, LSPR 98.20. INVESTIGATIONS Juvenile delinquents, procedure at decline hearing, LJuCR 8.2. ISSUES OF FACT Notice, LCR 40. ISSUES OF LAW Motions, LCR 40. JOINT CASE STATUS REPORT Generally, LAR 0.4.1(e), Form, Appendix A. JUDGES PRO TEMPORE Generally, LCR 77. JUDGMENTS AND DECREES Amendment, hearing, LCR 59. Arbitration and award, LMAR 6.3. Child support, execution, LCR 69. Default judgment, LCR 55. Drafting opinions, LCR 77. Entry, LCR 58. Filing, LCR 54. Garnishment, LSPR 91.04. Oral decisions, transcription, LCR 80. Preparation, LCR 52. Promissory note, entry of judgment, LCR 58. Signatures, LCR 10. Summary judgment, LCR 56. JURISDICTION Juvenile delinquents, detention, LJuCR 7.1. JURY Arguments and conduct of counsel, recording, LCR 80. Civil jury cases, summer recess, LCR 77. Demand for jury trial, LCR 38. Electronic selection, LCR 47. Impaneling jurors, LCR 47(d). Instructions to jury, LCR 51. Management, standing committees, LAR 0.3. Polling jury, LCR 49. Selection, Court administrator, duties, LAR 0.2. Supervision, LAR 0.2. Time of trial, LCR 77. JUVENILE COURT DEPARTMENT Sessions, LAR 0.6. JUVENILE COURT JUDGE Presiding judge, rotation, LAR 0.2. Selection, LAR 0.6. JUVENILE COURTS Generally, LJuCR 2.1 et seq. At-Risk Youth, LJuCR 5. Attorneys, calendar call, LJuCR 11.6. Awards, custody provisions, LSPR 94.04. Calendars, LJuCR 11.3. Call, LJuCR 11.6. Inquiries, LJuCR 11.5. Child in Need of Services, LJuCR 5. Committee, LJuCR 11.8. Consent, medical care, emergencies, LJuCR 11.7. Continuance, requests, LJuCR 11.4. Dependency petitions, LJuCR 3.1 et seq. Disposition calendar, LJuCR 11.3. Diversion, LJuCR 6.6. Medical treatment, authorization, LJuCR 11.7. Motion calendars, LJuCR 11.6. Notice, custody proceedings, LSPR 94.04. Review calendar, LJuCR 11.3. Revision of orders and judgments, LAR 0.7. Shelter care proceedings, LJuCR 2.3. et seq. Standing committees, establishment, LAR 0.3. JUVENILE DELINQUENTS Affidavits, Decline hearing, LJuCR 8.1. Detention hearing, Service of process, LJuCR 7.5. Diversion agreement, termination, LJuCR 6.6. Hearing, LJuCR 6.6. Arraignment, Detention, LJuCR 7.3, 7.4. Hearing, LJuCR 7.6. Summons, LJuCR 7.5. Attorneys, Appointment, LJuCR 9.1. Guilty plea, preparation, LJuCR 7.7. Investigation report, decline hearing, LJuCR 8.2. Procedure at decline hearing, LJuCR 8.2. Calendar, Arraignment, LJuCR 7.5, 7.6. Detention hearing, LJuCR 7.3. Disposition hearing, LJuCR 7.12. Diversion agreement, hearing on termination, LJuCR 6.6. Change of plea-trial setting hearing, time, LJuCR 7.6. Continuance, detention hearing, LJuCR 7.6. Conviction, disposition hearing, LJuCR 7.12. Decline of jurisdiction, Calendar, LJuCR 11.3. Hearing, LJuCR 8.1. Procedure, LJuCR 8.2. Detention, LJuCR 7.1 et seq. Arraignment, LJuCR 7.6. Calendars, LJuCR 11.3. Time, LJuCR 11.3. Continued detention, orders, LJuCR 7.4. Decline hearing, procedure, LJuCR 8.2. Disposition hearing, LJuCR 7.12. Guilty plea, LJuCR 7.7. Hearing, LJuCR 7.4. Modification of disposition order, LJuCR 7.14. Release without hearing, LJuCR 7.3 Summons, LJuCR 7.5. Disposition, Calendar, LJuCR 11.3. Hearing, detention, LJuCR 7.12. Proceedings, modification of order, LJuCR 7.14. Disposition hearing, conduct of hearing, LJuCR 7.12. Diversion agreement, termination, LJuCR 6.6. Hearing, LJuCR 6.6. Expert witnesses, appointment, LJuCR 9.3. Guilty plea, Arraignment, LJuCR 7.6. Detention hearings, LJuCR 7.7 Indigent persons, right to counsel, LJuCR 9.2. Detention, LJuCR 7.5. Information, Detention, filing, LJuCR 7.1. Hearing, scheduling arraignment, LJuCR 7.6. Interim placement review calendar, LJuCR 11.3. Investigation report, decline hearing, LJuCR 8.2. Jurisdiction, Decline hearing, LJuCR 8.1. Detention, LJuCR 7.1. Modification of disposition order, LJuCR 7.14. Motions, Decline hearing, LJuCR 8.1. Diversion agreement, termination, LJuCR 6.6. Modification of disposition order, LJuCR 7.14. Not guilty plea, arraignment, LJuCR 7.6. Notice, Decline hearing, LJuCR 8.1. Detention hearing, LJuCR 7.3, 7.4. Diversion agreement, hearing on termination, LJuCR 6.6. Preliminary hearing, LJuCR 7.14. Pleading, detention hearing, LJuCR 7.6. Predisposition reports, LJuCR 7.12. Preliminary hearing, detention, LJuCR 7.14. Release without hearing, LJuCR 7.3. Reports, Detention daily report, LJuCR 7.3. Disposition plan, LJuCR 5.7. Predisposition reports, LJuCR 7.12. Procedure at decline hearing, LJuCR 8.2. Return of service of summons, LJuCR 7.5. Service of process, Arraignment hearing, LJuCR 7.5. Detention, LJuCR 7.5. Diversion agreement, hearing on termination, LJuCR 6.6. Service of summons, LJuCR 7.5. Time, Decline hearing, LJuCR 8.1. Detention, LJuCR 7.3. Arraignment, LJuCR 7.6. Service of process, LJuCR 7.5. Procedure for decline hearing, LJuCR 8.2. JUVENILES Children and Minors, generally, this index. LOST OR DESTROYED INSTRUMENTS Commercial paper, judgment, entry LCR 58. MAIL AND MAILING Judgments, nonresident attorneys, LCR 54. MANAGEMENT Generally, LAR 0.2. MANDATORY ARBITRATION Generally, LMAR 1.1 et seq. MANDATORY SETTLEMENT CONFERENCE Orders, LCR 16. MARRIAGE Dissolution, Adoption, preplacement report, LSPR 93.04. Conference, LSPR 94.04. Guardian ad litem for child, abuse or neglect allegations, LSPR 94.05. Issues of fact, notice, LCR 40. Trial, Calendar, setting, LCR 40. MEDICAL CARE AND TREATMENT Consent, emergencies, juvenile court jurisdiction, LJuCR 11.7. Juvenile courts, authorization, LJuCR 11.7. MEETINGS Agenda, preparation, court administrator, LAR 0.2. Management meetings, LAR 0.2. Presiding judge, LAR 0.2. Special meetings, presiding judge, LAR 0.2. MENTAL EXAMINATIONS Objections, hearings, LCR 40. MENTAL ILLNESS COMMITTEE Establishment, LAR 0.3. MENTALLY DEFICIENT AND MENTALLY ILL PERSONS Standing committees, appointment, LAR 0.3. MINORS Children and Minors, generally, this index. MINUTE RECORDS Storage, LCR 80. MOTIONS Calendar, LCR 40. Children, Placement in shelter care, LJuCR 2.1. Release from shelter care, LJuCR 2.2. Criminal motions, LCrR 4.5. Custody of children, Notice to juvenile courts, LSPR 94.04. Evidence, LCR 43. Filing, LCR 5, LCR 40. Issues of law, LCR 40. Juvenile courts, calendars, LJuCR 11.3. Juvenile Delinquents, this index. New trial, LCR 59. Hearing, LCR 59. Presiding judge, duties, LAR 0.2. Setting date for motions, LCR 40. Suppression of evidence, hearings, LCrR 4.5. NEGLECTED CHILDREN Children and Minors, this index. Juvenile Delinquents, generally, this index.

NEW TRIAL Judgment, LCR 59. NEWS MEDIA Court administrator, duties, LAR 0.2. NONJUDICIAL ACTIVITIES Court administrator, duties, LAR 0.2. NONRESIDENTS Attorneys, Notice of trial, LCR 40. Presentation of judgments, LCR 54. NOTICE Attorneys, withdrawal from criminal cases, LCrR 3.1. Children and Minors, this index. Guardian ad litem motion, notice to appeal, LSPR 94.05. Jury, peremptory challenges, LCR 47. Juvenile Delinquents, this index. Marriage dissolution, pretrial and settlement conference, LSPR 94.04. Nonresident attorneys, trial day, LCR 40. Special management meetings, LAR 0.2. Time, LAR 0.2. Trial, LCR 40. OBJECTIONS Discovery, LCR 40. OFFENSES Crimes and Offenses, generally, this index.

OMNIBUS APPLICATIONS Presiding judge, duties, LAR 0.2. ORDERS Custody of children, notice to juvenile courts, LSPR 94.04. Filing, LCR 54. Juvenile review hearing, proposed order, LJuCR 3.9. Production of wills, LSPR 98.04. Scheduling orders, civil cases, LCR 16. PAPERS Books and Papers, generally, this index. PARALEGALS Defined, LCR 54(e)(3), Removing files and exhibits, LCR 79(h). PARENTAGE ACTIONS Guardian ad litem for child, abuse or neglect allegations, LSPR 94.05. PARENTING PLANS Modification, LSPR 94.04. PARENTING SEMINARS Generally, LSPR 94.03. PARENTS Children and minors, Dependency petition, appointment, LJuCR 3.4. Shelter care hearings, notice, LJuCR 2.3. Unknown Fathers, generally, this index. PARTIAL SUMMARY JUDGMENT Motions, time of hearing motion, LCR 40. PARTIES Pro se parties, judgments and decrees, signature, LCR 10. Settlement conferences, presence, LCR 16. Verdict, absence, LCR 49. PAYMENT Garnishment judgment, LSPR 91.04.

PEREMPTORY CHALLENGES Jury, LCR 47. PETITIONS Children and Minors, this index. Custody of children, notice to juvenile courts, LSPR 94.04. Juvenile delinquents, detention, hearing, LJuCR 7.3. PHOTOCOPIES Statutes or text material, filing, LCR 5. PHYSICAL EXAMINATIONS Bankruptcy, LCR 12. Defenses, LCR 12. Objections, hearings, LCR 40. PLEADING Amended, LCR 15. Filing, LCR 5. Form, LCR 10. POLLING JURY Verdicts, absence of attorneys, LCR 49. POST TRIAL MOTIONS Time of hearing, LCR 77. POSTAGE Judgment and decrees, mailing, LCR 54. POSTPONEMENT Motions, options, LCR 43. PREASSIGNED CASES Calendar, setting, LCR 40. PRELIMINARY HEARINGS Juvenile delinquents, LJuCR 7.14. PRESIDING JUDGES Duties, LAR 0.2. Management, LAR 0.2. Rotation, LAR 0.2. PRETRIAL CONFERENCES Setting day for conference, LCR 16. Time of hearing, LCR 77. PRETRIAL PROCEDURE Generally, LCR 16. PRIORITIES AND PREFERENCES Assignment of cases, LCR 77. Trial, setting date, LCR 40. PROBATE PROCEEDINGS Decedents Estates, generally, this index. PROCESS Service of Process, generally, this index. PRODUCTION, BOOKS AND PAPERS Objections, hearings, LCR 40. PROMISSORY NOTES Judgment, entry, LCR 58.

PUBLIC DEFENDER Juvenile delinquents, appointment of attorney, notice, LJuCR 9.1. PUBLICATION Children and minors, dependency petition, service, LJuCR 3.4. QUORUM Meetings, management meetings, LAR 0.2. RECESS Summer recess, LCR 77. RECORDS Generally, LCR 79. Settlement conferences, LCR 16. Storage, LCR 80. RELEASE Children and minors, shelter care, LJuCR 2.2. Juvenile delinquents, Detention hearing, LJuCR 7.4. Release without hearing, LJuCR 7.3. REPORTED CASES Photocopies, filing, LCR 5. REPORTERS Court reporters, LCR 80. REPORTS Children and Minors, this index. Court administrator, duties, LAR 0.2. Decedents estates, guardians, LSPR 98.20. Juvenile Delinquents, this index. Pretrial conferring of parties, civil cases, LCR 16. Status of cases, change, LCR 40. REQUESTS FOR ADMISSIONS Filing, LCR 5. RESTITUTION Payment, LCrR 7.8, LJuCR 11.9. RESTRAINING ORDERS Evidence, motions, LCR 43. RIGHT TO COUNSEL Juvenile delinquents, Detention, LJuCR 7.5. Settlement conferences, LCR 16. RULINGS Transcription, LCR 80. SALARIES Compensation and Salaries, generally, this index. SANCTIONS Pretrial procedure, failure to file orders or reports, LCR 16. SCHEDULING ORDERS Pretrial procedure, civil cases, LCR 16. SEALED RECORDS Generally, LCR 79. SEARCH AND SEIZURE Search warrants, LCrR 2.3. Sealing of warrants, LCrR 2.3. SENTENCE AND PUNISHMENT Presiding judge, duties, LAR 0.2. Time of hearings, LCR 77. SEPARATION OF HUSBAND AND WIFE Guardian ad litem for child, abuse or neglect allegations, LSPR 94.05. SERVICE AND FILING OF PLEADINGS AND MOTIONS Generally, LCR 5. Children and Minors, this index. Form of pleadings, LCR 10. Issues of law, motions, LCR 40. Juvenile Delinquents, this index. Suppression of evidence, motions, LCR 40.

SESSIONS Generally, LCR 77. Family court department, LAR 0.6. Juvenile court department, LAR 0.6. SETTING DAY Objections, LCR 40. SETTLEMENT Conferences, designation, LCR 16. Procedures, LCR 16. SHELTER CARE Children and Minors, this index. SHOW CAUSE ORDERS Execution, LCR 69. Family court, Family information and financial statements, return of, LAR 0.5. SIGNATURES Judgment and decrees, LCR 10. SPECIAL COMMITTEES Appointment, LAR 0.3. Presiding judge, LAR 0.2. SPECIAL MEETINGS Management, LAR 0.2. Presiding judge, LAR 0.2. SPOKESMAN FOR COURT Presiding judge, duties, LAR 0.2. STANDARDS FOR TIMELY DISPOSITION Generally, LAR 0.4. STANDING COMMITTEES Establishment, LAR 0.3. Presiding judge, appointment LAR 0.2. STATISTICS Court administrator, duties, LAR 0.2. STATUS CONFERENCE Pretrial procedure, civil cases, LCR 16. STATUTES Photocopies, filing, LCR 5. STAY Discovery, guardian ad litem motion, LSPR 94.05. STEPPARENTS Adoptions, Petition, LSPR 93.04. STIPULATIONS Arbitration, LMAR 8.1. Children and minors, dependency petition, LJuCR 3.7. Trial, time of setting case for trial, LCR 40. STORAGE Court reporters, notes, LCR 80. SUBPOENAS Witnesses, excusing witnesses, LCR 43. SUMMARY JUDGMENTS Generally, LCR 56. Case Schedule Order, LAR 0.4.1(h). Motions, time of hearing motions, LCR 40. Partial summary judgment, LCR 56. SUMMER RECESS Generally, LCR 77. SUMMONS Children and minors, dependency petition, scheduled hearing, LJuCR 3.4. Juvenile delinquents, detention, LJuCR 7.5. Hearing, LJuCR 7.4. SUPPLEMENTAL PROCEEDINGS Execution, LCR 69. SUPPORT OF PERSONS Collection, execution, LCR 69. Economic table, LSPR 94.04. Evidence, motions, LCR 43. Modification procedure, LSPR 94.04., 94.06. SUPPRESSION OF EVIDENCE Motions, hearings, LCrR 4.5. TAKING OF TESTIMONY Generally, LCR 43. TERM OF OFFICE Juvenile court judge, LAR 0.6. TERMINATION OF PARENTAL RIGHTS Adoption, petition, LSPR 93.04. Calendars, LJuCR 11.3. TEXTS Photocopies, filing, LCR 5. TIME Adoption of rules, LSPR 99. Change of judge, motion, LCR 40. Children and Minors, this index. Discovery, cutoff, LCR 37. Disposition, civil cases, standards, LAR 0.4. Evidence, hearing on motions, LCR 43. Garnishment, orders to pay, LSPR 91.04. Jury, selection, LCR 47. Jury trial, LCR 77. Demand for, LCR 38. Juvenile courts, calendars, LJuCR 11.3. Juvenile Delinquents, this index. Meetings, management meetings, LAR 0.2. New trial, motions, LCR 59. Settlement conferences, LCR 16. Trial, LCR 40. TRIAL Assignment of cases, methods, LCR 40. Jury, generally, this index. New trial, LCR 59. Scheduling cases, LCR 16. Setting cases for trial, court administrator, LAR 0.2. Time, LCR 40. TRIAL DE NOVO Arbitration, LMAR 7.1. Truancy Proceedings, LJuCR 12 et seq. TRUSTS Generally, LSPR 98.18. VERDICTS Generally, LCR 49. VISITING JUDGE PROGRAM Court administrator, duties, LAR 0.2. VOUCHERS Decedents estates, probate homesteads and accounts, LSPR 98.04. WAGES Compensation and Salaries, generally, this index. WAIVER Children and minors, dependency petition, predisposition study, LJuCR 3.8. Jury, peremptory challenges, LCR 47. Juvenile delinquents, counsel, not guilty plea, preparation, LJuCR 7.7. Suppression of evidence, defense motions, time of hearing, LCR 40. WARD Guardian and Ward, generally, this index. WILLS Order for production, LSPR 98.04. WITNESSES Availability, certificate of readiness, LCR 40. Excusing witnesses, LCR 43. Expert witnesses, juvenile proceedings, appointment, LJuCR 9.3. Fees, payment, LCR 43. Unavailability, reports, LCR 40.

WRITS Application, filing, scheduling, limitations, LWP 1.1. Dismissal, LWP 1.2.

LGR 0.15 DESTRUCTION, SEALING, AND REDACTION OF COURT RECORDS

(a) See GR15 (b) See GR 15 (c) Sealing or Redacting Court Records. (1) Motions to Destroy, Redact or Seal. Motions to destroy, redact or seal all or part a court record shall be presented, in accordance with GR 15 to the assigned judge or Presiding Judge if there is no assigned judge. (A) Guardianship, Trusts and Probate: (Title 11) Motions may be presented to the Ex Parte Commissioner. (B) Vulnerable Adult Protection Order: (RCW 74.04) Motions may be presented to the Ex Parte Commissioner.

(C) Minor/Incapacitated Settlement: The motion shall be presented to the assigned judge.

(D) Name Changes Based on Domestic Violence: If no assigned judge, motion may be presented by the requesting party to the Ex Parte Commissioner. (2) Financial Source Documents, Personal Health Care Records and Confidential Reports in Title 26 or Title 11 Cases: In a proceeding brought pursuant to RCW 26 or RCW 11, "financial source document", "personal health care record" and "confidential report" as defined under and submitted in accordance with GR 22 will be automatically sealed by the clerk without court order, if accompanied by the proper cover sheet. (3) Orders to Destroy, Redact or Seal. Any order containing a directive to redact or seal all or part of a court record must be clearly captioned as such and may not be combined with any other order; the clerk's office is directed to return any order that is not so captioned to the judicial officer signing it for further clarification. The clerk is directed to not accept for filing and to return to the signing judicial officer any order that is in violation of this rule. (4) Motions to Seal/Redact Filed Contemporaneously with Confidential Document(s). (A) Contemporaneously with filing the motion to seal, the moving party shall provide the following as working copies: (i) the original unredacted copy of the document (s) the party seeks to file under seal to the hearing judge in an envelope for in camera view. The words "SEALED PER COURT ORDER DATED [insert date]" shall be written on the unredacted document (s). The following information shall be written on the envelope: The case caption and cause number; a list of the document (s) under review; and the words "SEALED PER COURT ORDER DATED [insert date]." (ii) a proposed redacted copy of the subject documents(s). (iii) a proposed order granting the motion to seal, with specific proposed findings setting forth the basis for sealing the document (s). (B) If the judicial officer denies the motion to seal, the judicial officer will file the original unredacted document(s) unsealed with an order denying the motion. The words "SEALED PER COURT ORDER FILED [insert date]" will be crossed out on the unredacted document(s). (C) If the judicial officer grants the motion to seal, in whole or in part, the judicial officer will cause to be filed the sealed document (s) contemporaneously with a separate order granting the motion. If the judicial officer grants the motion by allowing redaction, the judicial officer shall write the words "SEALED PER COURT ORDER DATED [inserted date]" in the caption of the unredacted document before filing. (d) See GR 15

(e) Motions to Unseal or Examine. See GR 15 with respect to motions to unseal or examine a sealed court record. (f) See GR 15. (g) See GR 15.

(h) See GR 15.

(i) See GR 15. (j) See GR 15.

Effective 09/02/13

LGR 0.31 ACCESS TO COURT RECORDS

a) Filing by Clerk. It is the policy of the Spokane County Superior Court to make, as a part of the public record, all documents considered by judicial officers in the course of their official duties. This includes pleadings, reports, letters, and other written materials. The Court directs the Clerk of Court to place in the public file all documents considered by the Court, unless otherwise sealed or redacted. (1) The Court orders the following documents to be placed in the public court file after consideration by the court:

(A) Mental condition evaluations (RCW 10.77); (B) SS0SA evaluations and reports (RCW 9.94A.670); (C) Presentence reports (RCW 9.94A.500(1)); and (D) Victim Impact Statements (Washington State Constitution, Article I, Section 35). (2) Criminal Cases. After first appearance, pretrial first appearance evaluations and risk assessment tools used in pretrial hearings shall be placed in the public court file. Effective 01/01/13

LAR 0.1 DEPARTMENTS OF COURT The Superior Court of Spokane County shall be divided into as many departments as there are judges authorized by law. The departments shall be numbered consecutively in the order of their creation, as follows: Department Created Incumbent Judge No. 1 1889 Hon. Annette S. Plese Amended effective 1/12/09 No. 2 1891 Vacant Amended effective 01/02/19 No. 3 1901 Hon. Raymond F. Clary Amended effective 1/23/15

No. 4 1907 Hon. Julie M. McKay Amended effective 02/08/2016 No. 5 1909 Hon. Michael P. Price Amended effective 2/1/04 No. 6 1949 Hon. Tony D. Hazel Amended effective 4/13/17 No. 7 1963 Hon. Maryann C. Moreno Amended effective 9/1/03 No. 8 1973 Hon. Harold D. Clarke III Amended effective 9/1/05 No. 9 1977 Hon. John O. Cooney Amended effective 1/14/13 No. 10 1979 Hon. Michelle Szambelan Amended effective 03/19/18 No. 11 1996 Hon. Timothy B. Fennessy Amended effective 04/13/17 No. 12 1999 Hon. Rachelle E. Anderson Effective 01/02/19

LAR 0.2 COURT ORGANIZATION AND MANAGEMENT (a) General Management. The general management of the courts shall be vested in the presiding judge under policy established by the judges at regular and special meetings. (b) Meetings. The judges shall meet regularly on Thursday of each week during the noon hour. Special meetings may be called by the presiding judge as deemed necessary on timely notice. A written agenda shall be provided in advance of all meetings. A majority of the judges shall constitute a quorum. (c) Presiding Court. The presiding judge and Assistant Presiding Judge shall serve a two year term and shall be selected by election by a majority of the judges in accordance with GR 29. In the absence of the presiding judge, presiding duties shall be performed by the Assistant Presiding Judge. Amended effective 9/2/14

(d) Vacancies. Effective 06/20/2017 (1) Presiding Judge. In the event of a vacancy in the office of the Presiding Judge prior to the completion of the two-year term of the Presiding Judge, the Assistant Presiding Judge shall serve as Presiding Judge for the remainder of the unexpired term. Effective 06/20/2017 (2) Assistant Presiding Judge. In the event of a vacancy in the office of the Assistant Presiding Judge prior to the completion of the two-year term of the Presiding Judge, a new Assistant Presiding Judge shall be elected at the next regularly scheduled Judges Meeting for the remainder of the unexpired term. Effective 06/20/17 (3) Removal. The Presiding and Assistant Presiding Judge may be removed by a majority vote of the Judges after noting the issue on the agenda for the next regularly scheduled Judges Meeting. Effective 06/20/2017 (e) Duties of the Presiding Judge. Effective 06/20/2017 (1) Supervise all business of the court and implement all policies established by the judges; (2) Supervise the court commissioners, the court administrator, court employees not assigned to a particular department, and employees assigned to a particular department in the absence of the departmental judge; (3) Oversee the assignment of cases and caseflow management, with the assistance of the court administrator; Amended effective 1/18/00 (4) Select and utilize jurors, with the assistance of the court administrator; (5) Preside at all judges' meetings and call special meetings as required; (6) Act as spokesperson for the court, seeking advice and counsel from the judges where appropriate; (7) Assign cases and other duties to the judges and court commissioners; (8) Hear such ex parte civil and probate matters as are not assigned to other departments or court commissioners; (9) Appoint standing and special committees, with the approval of the judges. (f) Criminal Department. The criminal department shall consist of one Chief Criminal Judge, the Presiding Judge and three Criminal Trial Judges. The Chief Criminal Judge shall be responsible to manage the entire criminal docket from arraignment through plea setting or trial assignment. He or she shall preside at arraignments, decide continuance issues, hold scheduling hearings and pretrial (omnibus) hearings, and shall hear or assign all criminal motions, all probation violations, violations of conditions of sentence, and shall assign all criminal trials. The Presiding Judge will hear criminal pleas and sentencings. Additional hearings, pleas and sentencings will be assigned to the other judges by the Chief Criminal Judge as needed to keep the docket current. Judges will serve on assignment as Criminal Trial Judges for a month at a time, pursuant to a schedule established by the Court Administrator. The Chief Criminal Judge shall be selected from among the judges, other than the Presiding Judge and the Juvenile Judge, to serve for a one year term. Amended effective 3/23/00 Amended effective 06/20/2017 (1) Drug Court. The Presiding Judge or designee will be responsible to manage the Drug Court program, including primary responsibility to determine eligibility of defendants and revocation for violation of program rules. Amended effective 3/23/00 (2) Court Commissioners qualified under Article 4, Section 23 of the Washington Constitution are authorized to preside over, and consider all matters in adult felony proceedings specified under RCW 2.24.040, with the limitation that they may not accept guilty pleas in matters involving felony charges under RCW 9A.44 (Sexual Offenses) or 9.68A (Sexual Exploitation of Children). Effective 6/8/00 (g) Duties of the Court Administrator. The court administrator shall assist the presiding judge in administrative responsibilities. Subject to the general supervision of the presiding judge, the court administrator's duties shall include: Effective 06/20/2017 (1) Administrative control of all nonjudicial activities of the court; (2) Supervision of all court employees other than court commissioners, juvenile court employees, and departmental employees; (3) Case setting and trial calendar management; (4) Juror selection and utilization; (5) Preparation and administration of the budget; (6) Coordination with the state court administrator and with the visiting judge program; (7) Assisting the presiding judge in dealing with county government, bar association, news media, and other public and private groups having a reasonable interest in the administration of justice; (8) Attendance of judges' meetings and preparation of the agenda for and minutes of those meetings; (9) Preparation of such reports and compilation of such statistics as may be required by the judges or state court administrator; (10) Making recommendations to the judges for the improvement of the administration of the court.

LAR 0.3 COMMITTEES (a) Standing Committees. The following standing committees shall be established: (1) Juvenile Court, composed of the juvenile court judge as chairman and the last and next succeeding juvenile court judge; (2) Mental Illness; (3) Jury Management; (4) Mandatory Arbitration; (5) Budget and Planning; (6) Superior Court Civil Liaison; and 5 (7) Court Commissioner Liaison; (8) Criminal Liaison Committee consisting of the Chief Criminal Judge, past Chief Criminal Judge, future Chief Criminal Judge, a judge designated by the Presiding Judge, representatives from the offices of the Prosecuting Attorney and Public Defender, a representative of private defense counsel, a representative from the Court Administrator's staff, and others designated by the chairperson to assist in the work of the committee. The Committee shall be chaired by the Chief Criminal Judge; together with such special committees as may be appointed by the Presiding Judge with approval of the judges; Amended effective 1/1/98; Amended effective 11/14/16 (b) Duties of Committees. Committees have a duty to study and make recommendations concerning the subject matters assigned to them with authority to act when specifically authorized by the judges, provided, however, that the Juvenile Court Committee is authorized to act in any matter concerning which there is unanimity among the three juvenile court committee judges.

LAR 0.4 STANDARDS FOR TIMELY DISPOSITION OF CIVIL CASES

(a) Time Standards. The court, in order to increase the rate of civil and domestic dispositions and insure trial preparation, adopts the following time standards. (1) General Civil. 90% of all civil cases should be settled, tried or otherwise concluded within 12 months of the date of case filing; 98% within 18 months; and the remainder within 24 months, except for individual cases in remainder within 24 months, except for individual cases in which the court determines exceptional circumstances exist and for which a continuing review will occur. (2) Domestic Relations. 90% of all domestic relations matters should be settled, tried or otherwise concluded within ten months of the date of case filing; 100% within 18 months, except for individual cases in which the court determines exceptional circumstances exist and for which a continuing review will occur. Amended effective 7/1/01 (b) Scope. Except as otherwise provided by LAR 0.4(a), or as otherwise ordered by the court, this rule shall apply to all civil cases, except for: Amended effective 7/1/01 (1) Modification of a decree of support or maintenance under RCW Title 26; Amended effective 7/1/01 (2) Collection cases under $35,000; (3) Changes of name; (4) Adoptions; (5) Domestic violence (RCW Chapter 26.50); (6) Civil harassment (RCW Chapter 10.14); (7) Uniform Interstate Family Support Act (UIFSA); Amended effective 7/1/01 (8) Juvenile and Dependency cases (RCW 13.32A & 13.34); (9) Paternity cases; (10) Minor settlements; (11) Probate cases; (12) Guardianships; (13) Unlawful detainers; (14) Reviews of action taken by an administrative agency; (15) Appeals from courts of limited jurisdiction; (16) Foreign judgments; (17) Abstracts or transcripts of judgments; (18) Petitions for writs of habeas corpus, mandamus, restitution, or review, or any other writs; (19) Civil commitment cases; (20) Proceedings under RCW chapter 70.96A.

LAR 0.4.1 CASE SCHEDULE ORDER AND ASSIGNMENT OF CIVIL CASES

(a) Scope. Except as otherwise ordered by the court, this rule shall apply to all civil cases, except for: Amended effective 7/1/01 (1) Cases which have been transferred to mandatory arbitration, pursuant to LMAR 2.1, whether or not a Case Schedule Order has been previously signed. For cases appealed from mandatory arbitration see LAR 0.4.1(c); (2) Modifications of child support or maintenance, except that these matters may be assigned a Case Schedule Order upon order of the court; Amended effective 7/1/01 (3) Paternity; (4) Change of name; (5) Adoption; (6) Domestic violence (RCW Chapter 26.50); (7) Harassment (RCW Chapter 10.14); (8) UIFSA actions; Amended effective 7/1/01 (9) Juvenile dependency; (10) Minor settlement; (11) Probate, except any will contest or litigation matter arising in a probate case shall be assigned a Case Schedule Order when the petition to contest the will is filed or the estate is sued; (12) Guardianship; (13) Unlawful detainer; (14) Review of action taken by administrative agency; (15) Appeals from courts of limited jurisdiction which are governed by rules for Appeal of Decisions of Courts of Limited Jurisdictions (RALJ); (16) Foreign judgments; (17) Abstract of transcript of judgment; (18) Petition for Writ; (19) Civil commitment;

(20) Proceedings under RCW Chapter 10.77 (Criminally Insane); (21) Proceedings under RCW Chapter 70.96A; (22) Proceedings for isolation and quarantine; (23) Collection cases. (b) Clerk Index Sheet, Case Assignment Notice and Order. When an initial pleading is filed and a new case file is opened, the plaintiff/petitioner shall file a Spokane County Clerk Indexing Sheet in the form specified in Appendix A. Amended effective 7/1/01 Excluding cases listed in LAR 0.4.1(a), the clerk will issue and file a Case Assignment Notice and Order with a status conference date and will provide one copy to the party filing the initial pleading and one copy to the assigned court department. The plaintiff/petitioner may serve a copy of the Case Assignment Notice and Order on the defendants/respondents along with the initial pleadings. Otherwise, the plaintiff/petitioner shall serve the Case Assignment Notice and Order on the defendants/respondents within ten days after the later of: (1) the filing of the initial pleadings, or (2) service of the defendant's/respondent’s first response to the initial pleadings whether that first response is a notice of appearance, an answer, or a CR 12 motion. The Case Assignment Notice may be served by regular mail, with proof of mailing to be filed promptly in the form required by CR 5. Amended effective 7/1/01 (c) Assignment of Cases. All civil cases not falling under LAR 0.4.1(a)(1) through (23), will be assigned to an individual judge when an initial pleading is filed and a new case file is opened. Cases that fall within LAR 0.4.1(a)(1) through (23) may move for assignment which the court may grant if the circumstances of the case so warrant. Termination of Parental Rights cases will be assigned to a judge 60 days after filing of the petition. Cases appealed from mandatory arbitration will be assigned to a judge when the notice of appeal is filed. Amended effective 7/1/01 (d) Status Conference and Case Schedule Order. All attorneys of record and/or pro se parties must attend a status conference with the assigned judge on the date and time designated by the Case Assignment Notice. A Case Schedule Order will be issued at the status conference in the format found in Appendix A. The order will set the time period between filing and trial and the scheduled events and deadlines for that type of case, as determined to be appropriate by the assigned court department, after consultation with counsel. The court will set cases consistent with the time standards set forth in LAR 0.4(a). Amended effective 1/18/00 (1) [Deleted] Amended effective 1/18/00 (2) [Deleted] Amended effective 1/18/00 (e) Joint Case Status Report. All parties shall confer and jointly prepare a Joint Case Status Report in the form found in Appendix A. The form must be brought to the status conference by the parties, or provided to the court department in advance. This form is not to be filed in the court file. Effective 1/18/00 (f) Monitoring. The assigned judge and/or court administrator's office will monitor cases to determine compliance with these rules. (g) Enforcement. (1) Failure to comply with the Civil or Domestic Case Schedule Orders may be grounds for imposition of sanctions, including dismissal, or terms. (2) The Court, on its own initiative or on motion of a party, may order an attorney or party to show cause why sanctions or terms should not be imposed for failure to comply with the Civil or Domestic Case Schedule Orders established by these rules. (3) If the Court finds that an attorney or party has failed to comply with the Civil or Domestic Case Schedule Orders and has no reasonable excuse, the Court may order the attorney or party to pay monetary sanctions to the Court, or terms to any other party who has incurred expenses as a result of the failure to comply, or both; in addition, the Court may impose such other sanctions as justice requires. (4) As used with respect to the Civil or Domestic Case Schedule Orders, “terms” means costs, attorney fees, and other expenses incurred or to be incurred as a result of the failure to comply; the term “monetary sanctions” means a financial penalty payable to the Court; the term “other sanctions” includes but is not limited to the exclusion of evidence. (h) Relationship to Civil Rules. The issuance of a Case Schedule Order or Domestic Schedule Order does not affect the right of a party to seek a summary judgment under CR 56 or the right of a party to seek enforcement of discovery rights or obligations under CR 26-37. Effective 1/1/99

LAR 0.5 CIVIL MEDIATION

The judicial officers of the Superior Court are empowered to issue an order requiring the parties to participate, in good faith, in mediation at any time during the pendency of litigation.

Effective 9/1/06

LAR 0.6 JUVENILE COURT AND FAMILY LAW DEPARTMENT

(a) Generally. There shall be a juvenile court and family law department of the court, in which shall be heard all matters arising under the juvenile and family laws. Every judge is designated a judge of the family and juvenile court. The juvenile court judge shall be determined according to a yearly rotation list provided by the court administrator, with 12 month terms beginning on January 1 of each year. The term of the juvenile court judge may be extended by agreement of the juvenile court judge and the next judge in line on the rotation list, in which case the judge surrendering their place in the rotation shall drop to the end of the rotation schedule. Amended effective 1/1/99 (b) Assignment. The presiding judge shall assign judges or commissioners as needed to hear matters in the family law department and in the juvenile court department subject to the approval of the juvenile court judge. (c) Sessions of Juvenile Court. Regular sessions of the juvenile court department shall be held as provided by local juvenile court rules. (d) Sessions of Family Law. Regular sessions of the family law department shall be as provided by local court rules. (e) Rules. The juvenile court shall make rules for the conduct of business of the department subject to the conduct of business of the department subject to the approval of a majority of the judges. (f) Revision. Revision of orders and judgments by a commissioner in the juvenile court shall be heard by the juvenile court judge.

LAR 0.7 REVISION OF COURT COMMISSIONER'S ORDER OR JUDGMENT (a) Revision by Motion and Notice. A revision motion shall be filed on a form approved by the Court, with the Clerk of the Court within 10 days after entry of the order or judgment as provided in RCW 2.24.050. The motion must specify each portion of the Order for which revision is sought. The motion shall designate a hearing date approved by the court no later than 30 days after the filing of the motion. The Motion for Revision shall also be noted in accordance with Civil Rules 6 and 7. A copy of the motion for revision shall be served upon the other parties, or their counsel, if represented, within 10 days after the entry of the order or judgment and at least five court days before the hearing date. An additional three days notice shall be required if service is by mail. Amended effective 09/02/14 Amended effective 6/29/17 (b) Transcript Required. At least two days prior to the hearing on the motion, the moving party shall file a transcript of the oral ruling of the Court Commissioner. The moving party shall obtain the transcript at their expense. A copy of the transcript shall, at least two days before the hearing, also be served upon the other parties and furnished to the Judge who will hear the motion. A transcript will not be required if the matter was decided by letter decision, or if no oral decision was rendered. The transcript shall be double spaced in at least eleven point type. The person preparing the transcript shall comply with GR 35 and be listed on the transcriptionist list approved by the court. Amended effective 09/02/14 Amended effective 6/29/17 (c) Assignment and Procedure. Revision motions in cases that have been assigned will be heard by the assigned judge. Family Law revision hearings involving non-assigned cases will be heard by the Chief Family Law Judge. Non-Family law revision hearings will be heard by the Presiding Judge. The Juvenile Judge will hear all Juvenile Court revision hearings. A Judge required by this rule to conduct the revision hearing, may, in the efficient administration of justice, assign the matter to another Judge. Amended effective 9/1/12 (d) Bench copies. The moving party shall provide a copy of the motion to revise to the Judge hearing the motion when the motion is filed. For a Family Law matter, the moving party shall also, no later than noon two days prior to the hearing, provide to the Judge copies of all pleadings and materials considered by the Court Commissioner as set forth on the Motion Status Report submitted at the time of the Court Commissioner's hearings. If the moving party believes that the Court Commissioner considered any pleadings or materials in addition to those noted on the Motion Status Report, the moving party must also provide those pleadings and materials to the Judge by noon two days prior to the hearing. If the non-moving party believes the Court Commissioner considered pleadings or materials in addition to those noted on the Motion Status Report which have not been provided by the moving party, the non-moving party must provide copies of those materials to the Judge by noon on the day prior to the hearing. If no Motion Status Report was submitted at the time of the Court Commissioner's hearing, the moving party shall provide copies of all pleadings and materials considered by the Court Commissioner to the Judge no later than two days prior to the hearing. If the non-moving party believes the Court Commissioner considered additional materials which have not been provided, the non-moving party shall provide copies of those materials to the judge by noon on the day prior to the hearing. The Judge will consider the bench copies provided, and may decline to review any pleadings or materials which were not provided. Effective 06/29/17 (e) Hearing Procedure. Hearings before the Family Law Judges shall be scheduled at 1:30 p.m. on Thursdays. Hearings before other judges shall be set pursuant to motion procedures for each department. The Juvenile Judge shall determine the setting of motions in that Court. The hearing will be on the factual record made before the Commissioner. Argument will be up to 10 minutes per side. The moving party shall notify the Judicial Assistant to the Judge by noon, two days before the hearing date, as to the ready status of the motion. The moving party shall notify the other parties by noon two days prior to the hearing that they have called the motion ready for hearing to the Court. Failure to comply with this rule will result in the motion being stricken and the Court Commissioner's order will stand, unless the Judge hearing the motion finds good cause to allow the motion to be rescheduled. The non-moving parties may be granted sanctions if they appear at the time set for hearing and the matter is stricken due to non-compliance with the rule by the moving party. If the non-moving party has any objection to the hearing or will be seeking a continuance, that party must notify the assigned Judge and all other parties of that request in writing by noon the day before the hearing. The Judge scheduled to conduct the hearing shall consider any requests for continuance. If the moving party fails to appear at the time set for hearing, the Court may enter an order denying the motion. Absent good cause, a party seeking revision shall be deemed to have abandoned the motion if they fail to calendar the case and obtain a hearing within 60 days of the filing of the motion. Multiple orders of continuance shall not be freely granted. The agreement of the parties, standing alone, may not be deemed sufficient basis for a continuance. Amended effective 09/02/14 Amended effective 6/29/17 (f)) Emergency Motions. If a party can demonstrate exigent circumstances, an emergency motion may be presented to the Presiding Judge, upon reasonable notice to the opposing parties, without the necessity of meeting the requirements set forth in the above sections of this rule. The Presiding Judge may determine that exigent circumstances do not justify an emergency hearing. In that event, the moving party shall follow the procedures set forth above. Amended effective 09/02/14 Amended effective 6/29/17 (g) Stay. The filing of a Motion for Revision does not stay the Court Commissioner's order. The moving party may seek a stay of the order from the Judge expected to conduct the revision hearing as set forth in this rule. A request for stay may also be addressed to the Court Commissioner who issued the judgment or order. Amended effective 03/01/16 Amended effective 6/29/17

LAR 0.8 LOCAL RULE TO IMPLEMENT GR 31 AND GR 22

(a) Personal Identifiers-Children (1) Complete names of children, sealed case types: The complete names of children shall be used in cases that are deemed confidential pursuant to state or federal statutes, including cases filed pursuant to Title 13 RCW (excluding offender cases); Chapter 4.24 RCW, Chapter 26.33 (Adoption) and Chapter 71.34 (Mental Health Services for Minors). (2) Confidential Information Form: The complete names of children and other identifiers shall be included in the Confidential Information Form or similar document for cases filed under Title 26. (3) Domestic Relations Orders: Court orders concerning the financial support or the custody or residential schedule of a child (including temporary and permanent parenting plans and similar documents) and orders establishing or disestablishing paternity shall include the full name of the child. The date of birth of a child shall be included in court records only as authorized by GR 22. (4) Child who is alleged to be a victim of a crime: The complete name of a child who is alleged to be a victim of a crime may be included on subpoenas and in jury instructions. Nothing in this rule requires that subpoenas be routinely filed in the court file. (5) Child who is charged with a crime: The complete name of a child charged with a crime shall be included in any indictment or information filed with the court pursuant to CrR 2.1 or JuCR 7.2, as part of an affidavit or declaration of probable cause or for any other purpose deemed necessary for the prosecution or defense of the criminal or juvenile offender matter. (6) Orders issued for the protection of a child: If a child is a person protected by a criminal no contact order issued pursuant to 10.99 RCW, an anti- protected by a criminal no contact order issued pursuant to 10.99 RCW, an anti- harassment order issued pursuant to 10.14 RCW, an order of protection issued pursuant to 26.50 RCW or a restraining order or order of protection issued pursuant to 26.09 RCW, 26.10 RCW, 26.26 RCW, RCW 26.52.020, or any other court order entered for the protection of the child, the child's full name and other identifiers shall be included on petitions and orders as necessary for entry of the order into the Judicial Information System (JIS) and/or the Washington Crime Information Center (WACIC). (7) Orders on release of criminal defendant: If access to a child is restricted pursuant to CrR 3.2(d) (1), the court may include the full name of the child on the order, if deemed necessary for effective enforcement of the order. (8) Orders restraining child from contacting or harassing others: Whenever a child is named as a respondent in an order listed herein, the child's full name and other personal identifiers shall be included on the petition and order as necessary for entry of the order in the Judicial Information System (JIS) and/or the Washington Crime Information Center (WACIC). (9) Petitions and Notices filed pursuant to Chapter 11.28, RCW (children as heirs to estate): The full names and ages of children and other information required by RCW 11.28.110 and RCW 11.28.330 shall be included, however, the date of birth may be included only as authorized by GR 22. (10) General authority. Nothing in this rule shall prohibit a court from authorizing the use of a child's full name or date of birth when necessary for the orderly administration of justice, consistent with the requirements of GR 22. Effective 9/1/05 (b) Access (1) Electronic access to the Superior Court Clerk's electronic records system outside of the clerk's office and outside of Spokane County's wide area network may be provided for all electronically-stored case files except those restricted by federal law, state law, court rule, case law, or court order, and (2) Electronic access to court records shall be provided to those who have been approved to enter into a Document Viewer Subscription Agreement with Spokane County and have fulfilled all requirements of said agreement and are in current compliance with the agreement. Effective 3/1/11

LAR 30 Electronic Filing

(d)(2)(D)(ii) Any document initiated by a law enforcement officer is presumed to have been signed when the officer uses his or her user ID and password to electronically submit the document to a court or prosecutor through the Statewide Electronic Collision and Traffic Online Records (SECTOR) application, the Justice Information Network Data Exchange (INDEX), or the local secured system "Xpediter" used by the County of Spokane and City of Spokane. Unless otherwise specified, the signature shall be presumed to have been made under penalty of perjury under the laws of the State of Washington and on the date and at the place set forth in the document. Effective 9/1/12

LCR 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

(d) Filing. (5) Motions. No motion for any order shall be heard unless the papers pertaining to it have been filed with the clerk. (6) Documents Not to Be Filed. Unanswered interrogatories to parties and requests for admissions where an answer or other response is expected on the same document shall not be filed unless necessary for the disposition of a motion or objection. Photocopies of reported cases, statutes or texts shall not be filed as an appendix to a brief or otherwise but may be furnished directly to the judge hearing the matter. Documents or copies thereof produced during discovery and other items which should properly be received as exhibits rather than as a part of the court file shall not be included in the court file. (7) Indexing Cover Sheet. An indexing cover sheet (Clerk Form 1) shall be completed and filed with all initial pleadings at the time the pleadings are assigned a cause number.

LCR 7. PLEADINGS

(a) Notice of Appearance. In each and every cause, after the filing of a complaint or petition, the attorney of record shall file a clearly designated “Notice of Appearance” with the court before filing any answer, motion, memorandum, or responsive pleading and shall serve a copy on the assigned trial judge. Effective 9/1/99 (b) Pro Se Pleadings. Pro se pleadings shall be typewritten or neatly printed in black or dark blue ink, shall conform to the format requirements of GR 14, and shall contain the party’s mailing address and street address where service of process and other papers may be made upon him/her. Effective 9/1/01

LCR 10. FORM OF PLEADINGS AND OTHER PAPERS

(e) Format Requirements. (1) Compliance with GR 14. All pleadings, motions and other papers presented for filing with the Clerk shall comply with GR 14. Effective 9/1/01 (2) Paper Requirements. All original documents filed shall be clear, legible and permanent, and printed or typewritten in black or dark blue ink on nontranslucent bond paper or other paper suitable for scanning. On documents not readable by the scanner, the original will be stamped by the clerk showing it was of poor quality for scanning. The following standards are required to assist the clerk for scanning purposes: use of binder clips on large documents; one staple per document (do not staple sub-documents within the pleading); use of bottom tabs only; no colored divider pages; and use of tape within documents (to affix small notes and receipts) instead of staples. Effective 9/1/01 (3) Consolidated Cases. For all causes wherein an order for consolidation (for any purpose) has been entered, the caption shall include the separated titles of the consolidated actions, along with the specific cause numbers, and indication to the clerk of which cause number the pleadings shall be filed under. The party filing the pleadings shall provide copies for each cause listed. If no indication is made and/or a copy is not provided for each cause, the clerk shall place the pleadings into the lowest (or earliest filed) cause. Effective 9/1/01 (4) Bottom Notation. Every proposed order, judgment and decree presented to a judge for signature shall be signed, on the lower left-hand corner of the page to be signed by the judge, by the individual attorney or pro se party presenting it. Attorneys signing shall include their Washington State Bar Association identification numbers. Amended effective 9/1/01 (5) Change of Name or Address of Attorney. An attorney whose office address or whose name changes shall, within ten days after the change, notify in writing the Superior Court Administrator's Office and shall file a notice in each Superior Court case file in which he or she is the attorney of record. An attorney may use the same format referred to in APR 13 or the form in use by the Washington State Bar Association. Amended effective 9/1/01 (A) Change of Address. The attorney shall furnish his or her Washington State Bar Association membership number, the previous address and telephone number, clearly identified as such, the new address and telephone number, clearly identified as such, and the effective date of the change. (B) Change of Name. The attorney shall furnish his or her Washington State Bar Association membership number, the previous name, clearly identified as such, the full new name, clearly identified as such, and the effective date of the change.

LCR 12. DEFENSES

(a) Answer or Motion for Default. In all civil cases every plaintiff shall promptly move for entry of default if the answers or responsive pleadings are more than 20 days past due. Amended effective 1/18/00 (b) How Presented. (1) Bankruptcy. Any party that wishes to assert the protection of the Federal Bankruptcy laws shall, by the next judicial business day after the bankruptcy filing, file a copy of the Bankruptcy Court Notice of Commencement of Case Under Bankruptcy Code, or Voluntary Petition. The copies shall be accompanied by a certificate reflecting that the copies are true and accurate, filed under the Superior Court caption for each case to which the matter pertains. A copy shall be served on all other parties, and a copy provided to the assigned judge, if any. A claim of bankruptcy protection asserted in an answer or other pleading is not sufficient to advise the clerk or court of the pendency of bankruptcy. The parties will seasonably update the court as to the status of a bankruptcy case. Effective 9/1/99

LCR 15 AMENDED PLEADINGS

(a) Amendments. No additional parties may be joined, no additional claims or defenses may be raised after the date designated in the Case Schedule Order as the Last Date for Joinder of Additional Parties, Amendment of Claims or Defenses, unless, for good cause, the court orders otherwise subject to such conditions as justice requires.

Effective 9/1/02

LCR 16. PRETRIAL PROCEDURE

(a) Trial Management Joint Report. In cases governed by a Civil Case Schedule Order pursuant to LAR 0.4.1, the parties must jointly prepare a Trial Management Joint Report (form CI-06.0150). The Report shall be filed with the Court, with a copy served on the assigned trial department. The Report shall contain: (1) Nature and brief, non-argumentative summary of the case; (2) List of issues which are not in dispute; (3) List of issues that are disputed; (4) Index of exhibits (excluding rebuttal or impeachment exhibits); (5) List of plaintiff's requests for Washington Pattern Jury Instructions; (6) List of defendant's requests for Washington Pattern Jury Instructions; (7) List of names of all lay and expert witnesses, excluding rebuttal witnesses; (8) Suggestions by either party for shortening the trial. (b) Parties to Confer in Completing Report. The attorneys for all parties in the case shall confer in completing the Trial Management Joint Report (form CI- 06.0150). If any party fails to cooperate in completing the report, any other party may file and serve the report and note the refusal to cooperate. Amended Effective 9/1/99 (c) Pretrial Conference. All parties must attend a pretrial management conference if scheduled by the assigned trial judge. Amended Effective 9/1/99 (d) [Deleted] (e) [Deleted] (f) [Deleted] (g) [Deleted] (h) [Deleted]

(i) [Deleted] Amended Effective 9/1/99

LCR 37. FAILURE TO MAKE DISCOVERY: SANCTIONS

(a) Motion for Order Compelling Discovery. Motions to compel discovery shall be noted for hearing on Motion for Hearing Ex Parte Issue of Law before the ex parte commissioner (if the case is not pre-assigned to a judicial department) on any court day during regular business hours. If the case is pre-assigned to a judicial department, the motion shall be noted for hearing on the motion calendar for that department. The ex parte commissioner, in his or her discretion, may refer the motion to the presiding judge, if the case is not pre-assigned. The presiding judge may assign the case to a judge if it has not already been pre- assigned, or may return the motion to the ex parte commissioner. In the absence of emergency, no motion or objection with respect to CR 30, 31, 33, 34, or 35 will be heard unless it affirmatively appears that before the hearing counsel have conferred and attempted to resolve the issue(s). If any party has refused to confer, terms will be assessed against that party. The notice requirements of LCR 40(b)(10) apply to motions governed by this rule.

Amended effective 9/1/04

LCR 38. JURY TRIAL OF RIGHT

(a) Demand for Jury. (1) Must Be on Separate Document. The demand for a jury trial shall be contained on a separate document. (2) Deadline for Filing Jury Demand. (A) In cases not governed by a Civil Case Schedule Order pursuant to LAR 0.4, a jury demand shall be filed and served no later than the trial setting date. (B) In cases governed by a Civil Case Schedule Order pursuant to LAR 0.4, a jury demand shall be filed and served no later than the date set forth in the Civil Case Schedule Order.

LCR 40. ASSIGNMENT OF CASES & MOTION PRACTICE (a) Note of Issue. Amended effective 7/1/01 (1) [Deleted] Amended effective 7/1/01 (A) [Deleted] Amended effective 7/1/01 (B) [Deleted]. (1) Of Law. In cases where a Case Assignment Notice has been entered issues of law shall be noted for hearing on a form approved by the court and shall be scheduled by the judicial assistant for the assigned judge. For issues of default, see LCR 55. For issues under CR 30, 31, 33, 34 and 35, see LCR 37. Amended effective 06/21/18 In cases where a Domestic Case Assignment Notice has been entered issues of law shall be noted for hearing in conformity with the Spokane County Family Law Local Rules. However, in the case of summary judgment motions, they shall be noted for hearing before the assigned judge and comply with LCR 40(b) and LCR 56.

Amended effective 06/21/18 (2) Family Law Cases. (i.e. cases subject to Title 26 RCW). Amended effective 06/21/18 The judges shall periodically appoint judges to act as Family Law Judges who shall manage all matters of family law administration. All cases involving matters arising under Title 26 RCW shall be subject to the supervision of the Family Law Judges, one or more Family Law Commissioners and comply with the Spokane Family Law Local Rules. Amended effective 06/21/18 (b) Motion Practice. (1) Page Limits.

Amended effective 06/21/18 A. Initial Motion, Memorandum, Brief, Affidavit or Declaration. No individual moving memorandum, brief, affidavit, or declaration shall exceed fifteen (15) pages with nondispositive motions and twenty (20) pages with dispositive motions, not including exhibits. Effective 06/21/18 B. Response to Memorandum, Brief, Affidavit or Declaration. No response to any individual document (memorandum, brief, affidavit or declaration) shall exceed fifteen (15) pages with nondispositive motions and twenty (20) pages with dispositive motions, not including exhibits. Any response should be clearly designated as such. Effective 06/21/18 C. Reply to Response. No reply to any individual document shall exceed five (5) pages with nondispositive motions and seven (7) pages with dispositive motions, not including exhibits. No response or reply may include any document attached to or a part of the initial motion, response, or document already filed as part of this motion, but instead shall cite to the relevant portion of the previously filed document. Any reply should be clearly designated as such. Effective 06/21/2018 D. If more than one (1) motion is to be heard at the same time, the page limits apply to the entire hearing, not each individual motion. Effective 06/21/18 E. Exhibits. No individual exhibit shall exceed twenty (20) pages.

Effective 06/21/18 F. Motion to Exceed Page Limits. The page limits shall not be exceeded without prior authorization from the court. A party may, upon motion for good cause shown, and an explanation of steps taken to reduce the number of pages, request permission to exceed these page limits.

Effective 06/21/18 (2) Format. All documents shall comply with GR 14 and be typed in font no smaller than 12 point Times New Roman. The writing or printing shall appear on only one (1) side of the page. Amended Effective 06/21/18

(3) Authority. Any legal authority relied upon must be cited, including a pinpoint cite to the particular page or pages the proponent wishes the court to read. Copies of all non-Washington authorities upon which parties place substantial reliance shall be provided to the hearing judge and to counsel or parties, shall be underlined or highlighted clearly delineating the specific part of the authority the proponent wishes the court to read, but not be filed with the clerk. Amended Effective 06/21/18

(4) Form of Proposed Orders. The moving party and any party opposing a motion shall include a proposed order with their submission. The original of each proposed order shall be submitted to the hearing judge along with any working copies. Amended Effective 06/21/18 (5) Obligation to Respond. Upon the filing of an initial motion, whether dispositive or nondispositive, the opposing party shall file a response. The failure to file a response may be deemed consent to the entry of an order adverse to the party who fails to file a response. The initial moving party may, at its discretion, file a reply which complies with LCR 40(b)(1)(C). Amended Effective 06/21/18 (6) Failure to Comply with Rules of Motion Practice. In the event a party fails to comply with LCR 40 or LCR 56, including service, filing, delivery of a document, providing bench copies, citations, highlighting or underling exhibits or authorities, or exceeding page limits, the court shall have discretion to not consider the document or citation, strike the document, strike the hearing, continue the hearing, and/or impose terms or sanctions. Amended Effective 06/21/18 (7) Exhibits. No response may include an exhibit attached to or a part of the initial motion or pleading already filed, but instead shall cite to the relevant portion of the initial exhibit. Exhibits shall contain a table of contents. Each exhibit shall clearly identify at the top of the first page the particular claim, defense, or issue to which the exhibit applies. If a portion of an exhibit is referenced in a memorandum or otherwise, that exhibit shall have that portion highlighted or underlined for the court's review. Any exhibit to a motion, memorandum, brief, affidavit or declaration shall be underlined or highlighted, clearly delineating the specific part of the exhibit that the proponent wishes the court to read. Amended Effective 06/21/18 (8) Summary Judgment. Motions for summary judgment, partial summary judgment, or dismissal are governed by LCR 56 and LCR 40. Amended Effective 06/21/18 (9) [Deleted] (10) Motion Setting-General. The Note for Hearing/Issue of Law (form Cl.06.0300) must be served and filed no later than twelve (12) days prior to the hearing (CR 6 and CR 40). Any responding documents must be served and filed at least seven (7) days before the hearing. Reply documents must be served and filed at least two (2) days before the hearing. If a judge has not been preassigned, the court administrator will notify counsel of the assigned judge. In the event a motion or one continued from a prior date is to be argued, counsel for the moving party shall confirm with all opposing counsel that they are available to argue the motion and then notify the judicial assistant for the assigned judge by 12:00 noon two (2) days before the hearing that the parties are ready for the hearing. Confirming a hearing certifies that the moving party?s bench copies have been timely delivered in conformity with LCR 40. In the event an agreed or uncontested order of continuance is to be entered, or a notice of disqualification filed, counsel shall notify the assigned judge's judicial assistant by 12:00 noon two (2) days before the scheduled hearing. Failure to comply with the provisions of this rule will result in the motion being stricken from the motion calendar and may result in the imposition of terms.

Amended Effective 06/21/18 (11) Motion Setting-Summary Judgment. (See LCR 56).

Amended Effective 06/21/18 (12) Motion Setting-Criminal Matters. (See LCrR 4.5)

Amended Effective 06/21/18 (13) Filing Motions, Memoranda, Briefs, Declarations, and Affidavits-General. The moving party shall file with the Note for Hearing/Issue of Law form the following: The motion being noted, all supporting affidavits or declarations and documentary evidence, and a brief or memorandum of authorities, unless the legal position is fully and adequately covered by the "authorities" section of the issue of law form. If the responding party files a response to the issue of law or any counter-affidavits, declarations, brief or memorandum of authorities, such responding documents must be served and filed no later than seven (7) days before the hearing. Any reply documents must be served and filed at least two (2) days before the hearing. Failure to timely comply with these requirements may result in a continuance or the motion being stricken from the calendar, the documents (e.g. brief or declaration) not being considered, and the imposition of terms. Amended Effective 06/21/18 (14) Bench Copies of Motion, Brief, Memorandum, Declaration, and Affidavit. For cases where a Case Assignment Notice has been entered and a judge assigned, a copy of the motion, brief, memorandum, affidavit or declaration and all documents, including a response and/or reply shall be furnished to the judicial assistant at the time of filing. For a case which does not have a Case Assignment Notice pursuant to LAR 0.4.1(a), these materials shall be furnished to the court administrator's office. For issues of law heard on the Family Law Calendar, these materials shall be furnished in compliance with the Spokane County Family Law Local Rules.

Amended Effective 06/21/18 (15) Motion Calendar Hearing Procedures. In cases where a Case Assignment Notice has been entered and a judge assigned, the judicial assistant of the assigned judge will set the time for hearing the motion. In cases where a Case Assignment Notice has not been entered pursuant to LAR 0.4.1 (a), the Presiding Court will assign the motion and the judicial assistant for the assigned judge will set the time for hearing. Motions for Default and Motions to Compel Discovery must be brought in accordance with LCR 40, LCR 37 and LCR 55. Amended Effective 06/21/18 (16) Oral Argument. All motions shall be limited to ten (10) minutes or less per side, unless additional time is granted by the judge or court commissioner. Amended Effective 06/21/18

(17) [Deleted] (c) Preferences (Reserved). (d) Trials. When a case is set, and called for trial, it shall be tried or dismissed unless good cause is shown for a continuance. The court may in a proper case, and upon terms, reset the same. (1) [Deleted] Amended effective 1/18/00 (e) Continuances. All continuances will be considered only upon written motion, for unforeseeable emergencies, for good cause shown, and upon terms the court deems just. No motion for continuance will be considered unless the moving attorney(s) certify their client(s) have been consulted and approve and the certification is signed by the attorney(s). Stipulated continuances require certification that the attorneys have consulted with their respective client(s) and obtained approval for seeking the continuance. Motions to change the trial date on a case where a Case Assignment Notice has been entered pursuant to LAR 0.4.1 shall be heard by the assigned judge on or before the date designated in the Case Schedule Order. Amended Effective 06/21/18 (f) [Deleted] Amended effective 1/18/00

LCR 43. TAKING OF TESTIMONY

(a) Testimony. (3) Excusing Witness. A witness under subpoena is excused from further attendance as soon as testimony has been given unless either party makes request in open court that the witness remain in attendance or be subject to recall. Witness fees will not be allowed on subsequent days unless the court has required the witness to remain in attendance which fact shall be noted by the clerk in the court journal. (e) Evidence on Motions. (1) Generally. Motions for temporary support, suit money, restraining orders, injunctions, to dissolve injunctions and to quash or dissolve attachments shall be heard only on the pleadings, affidavits, published depositions and other papers filed unless the court otherwise directs. Except as otherwise provided in LSPR 94.04(a) or (b), any counter-affidavits shall be served upon the opposing party before the expiration of one-half the time intervening between the service of the movant's affidavits and the hearing or the movant shall have the option of a postponement of the hearing. Affidavits strictly in reply to counter-affidavits may be served and considered at the hearing.

LCR 47. JURORS

(a) Examination of Jurors (1) Juror Questionnaires. The trial judge shall direct that individual questionnaires of jurors dealing with matters of a personal or sensitive nature shall be filed consistent with GR 31 and relevant case law. At the conclusion of voir dire, attorney copies of juror questionnaires shall be returned to the court. (2) Juror Information Form. Juror Information Forms will be filed consistent with GR 31 and relevant Case Law. Attorney copies of the Juror Information Form may not be removed from the courtroom without the express permission of the trial judge. At the conclusion of voir dire, attorney copies of the Juror Information Forms will be returned to the court. (d) Empaneling Jury. The Spokane County Superior Court shall employ a properly programmed electronic data processing system to make random selection of jurors as authorized by law. (e) Challenge. (9) Peremptory Challenges. The exercise or waiver of peremptory challenges shall be noted in writing on the jury list.

Effective immediately.

Amended Effective 04/01/2016

LCR 49. VERDICTS

(k) Receiving Verdict and Discharging Jury. (1) Receiving Verdict During Absence of Counsel. A party or attorney desiring to be present at the return of the verdict must remain in attendance at the courthouse or be available by telephone call. If a party or attorney fails to appear within 20 minutes of telephone notice to the attorney's office, home or other number, the court may proceed to take the verdict in the absence of such party or attorney. In such case, the jury shall be individually polled and the identity of any dissenting jurors recorded.

LCR 51. INSTRUCTIONS TO JURY AND DELIBERATION

(a) Proposed. In addition to the proposed instructions required by CR 51, each party shall submit a brief statement of the case suitable to be read to the jury before the voir dire examination. (c) Form. Copies of proposed instructions shall contain supporting citations or reference to a pattern jury instruction. (d) Published Instructions. (1) Request. WPI or WPIC instructions without alternate or optional language may be requested by reference to the published number. If the published instruction allows or provides for a choice of wording, the written request which designates the number of the instruction shall also designate the choice of wording which is being requested by attaching a facsimile of the proposed instruction suitable for photocopying.

LCR 52. DECISIONS, FINDINGS AND CONCLUSIONS

(a) Requirements. (6) Time. Unless the judge has included formal findings of fact and conclusions of law in a written opinion or memorandum of decision pursuant to CR 52(a)(4) or they are otherwise unnecessary by reason of CR 52(a)(5), the attorney of record for the prevailing party shall prepare and note for presentation within 15 days of the decision proposed findings of fact and conclusions of law along with the proposed form of order and judgment as required by CR 54(e).

LCR 54. JUDGMENTS AND COSTS (c) [Deleted] Amended Effective 9/1/09 (e) [Deleted] Amended Effective 9/1/09 (f) Presentation. Amended Effective 9/1/09 (1) Counsel and legal interns presenting a judgment or seeking entry of an order shall be responsible to see that all pertinent papers are filed and that the court file is provided to the judge or court commissioner. Anyone presenting ex parte or agreed orders as authorized by APR 9(c)(4) shall be sufficiently familiar with the matter so as to satisfy the court on any question reasonably to be anticipated. Amended Effective 06/25/18 (2) Counsel may present routine ex parte or stipulated matters based on the record in the file by mail addressed to the county clerk or to the assigned judge. The presentation fee must accompany the original pleadings. Self-addressed, stamped envelopes shall be provided for return of any conformed materials and/or rejected orders. Amended effective 06/25/18 (3) Paralegals, who are currently registered with the Spokane County Bar Association for the purpose of presentation of such orders, may personally present agreed, ex parte and uncontested orders signed by all counsel, based solely upon the documents presented and the record in the file. Amended effective 06/25/18

LCR 55. DEFAULT AND JUDGMENT (a) [Deleted] Amended effective 9/1/01 (3) [Deleted] Amended effective 9/1/01 (1) Required Pleadings. All documentation required for entry of an order of default pursuant to CR 55(a) shall be filed at the same time as the motion for a default, unless extended by court order to correct a clerical error or omission or for furnishing of any proof required by the court. Effective 9/1/01 (2) Before Whom Taken. Motions for default shall be noted for hearing on such form(s) as required by the court, before the judge to whom the matter is assigned, on such date as is approved by the judicial assistant for said judge or before the ex parte department on any court day during regular hours. Effective 9/1/01 (b) Entry of Default Judgment. No default judgment shall be granted except upon proof satisfactory to the court. The court shall require at least the following to be on file with the motion for default judgment, unless otherwise excused by the court for good cause: Effective 9/1/01 (1) On assigned causes of action, a copy of the assignment instrument; Effective 9/1/01 (2) On causes of action based on a negotiable instrument, the original negotiable instrument or satisfactory explanation as to why the original cannot be produced; Effective 9/1/01 (3) On causes of action based on a retail sales contract, chattel mortgage, or conditional sales contract, the original contract (or a copy if the original has been filed with a government agency). Where applicable, a copy of a motor vehicle title or bill of sale must be filed; Effective 9/1/01 (4) On causes of action based on open account where the complaint is not specific, the last written statement of account sent to the debtor setting forth current charges and credits and the dates thereof and a statement of any interest or surcharges which are included; Effective 9/1/01 (5) On causes of action for rent based on an oral agreement, a statement of account similar to that required in actions on open account. If any claim is made for damages or repairs to premises, such claim must be itemized separately; Effective 9/1/01 (6) On causes of action based on a written lease, a copy of the lease and a statement of account as stated in section (4) above; Effective 9/1/01 (7) On causes of action based on all other contracts, oral testimony or affidavits may be required to prove terms, together with filing of a copy of the contract, if written; and filing or proving the items of account and any credits; Effective 9/1/01 (8) On causes of action for tort, proof shall be required by way of testimony or affidavit, supplemented by repair bills or estimates, medical bills, loss of use claims, and proof of loss of wages, when relevant to the claim. The court may require that claims for non-economic damages be proved by oral testimony. Effective 9/1/01 (9) No judgment for accrued interest shall be allowed unless there is on file proof of the factors necessary for computation of interest, including applicable dates, rate of interest, amounts subject to interest and a computation of the total interest claimed due. Effective 9/1/01 (10) Any request for attorney fees shall be supported by an affidavit or certificate supporting any contractual basis for attorney fees, and the basis upon which attorney fees are calculated. If attorney fees are based on statute, the request for attorney fees must cite the specific statutory authority. Effective 9/1/01

LCR 56. SUMMARY JUDGMENT (a) Motion and Proceedings. Motions for summary judgment, partial summary judgment or dismissal under CR 12 must be served and filed at least twenty-eight (28) days prior to the hearing and heard at least fourteen (14) calendar days prior to the date the case is set for trial. Any responding documents must be served and filed at least eleven (11) calendar days before the hearing. Any reply documents must be served and filed at least five (5) days before the hearing. If the date for filing either the response or rebuttal falls on a Saturday, Sunday or legal holiday, then it shall be filed and served not later than the next day nearer the hearing, which is neither a Saturday, Sunday or legal holiday. In the event a motion for summary judgment, partial summary judgment or dismissal is to be argued, counsel for the moving party shall comply with the requirements of LCR 40. Amended Effective 06/21/18

(b) Page Limits. The moving and response memoranda or briefs shall not exceed twenty (20) pages, not including exhibits. The reply memorandum shall not exceed seven (7) pages, not including exhibits. No response or reply may include any document attached to or a part of the initial motion, memorandum or brief, the response, or document already filed as part of the subject motion, but instead shall cite to the relevant portion of the previously filed document. All documents shall be double-spaced and typed in Times New Roman font no smaller than 12 point, including footnotes, if any. The writing or printing shall appear on only side of the page. These page limits shall not be exceeded without a motion and prior authorization of the court. A Motion to exceed the page limits must demonstrate good cause and explain the steps taken to reduce the number of pages. Effective 06/21/18 (c) Failure to comply with LCR 40 or LCR 56. In the event a party fails to comply with LCR 40 or LCR 56 the court shall have discretion to impose the remedies and sanctions set forth in LCR 40(b)(6).

Effective 06/21/18 (d) Exhibits. No individual exhibit shall exceed twenty (20) pages

Amended Effective 08/10/18

LCR 58. ENTRY OF JUDGMENTS

(d) Judgment on a Promissory Note. No judgment on a promissory note will be signed until the original note has been filed with the clerk, absent proof of loss or destruction. If the original note has been lost, destroyed or is not available, the court may enter judgment upon satisfaction of RCW 62A.3-309 and sufficient proof of existence of debt, such as written agreement, billing statement, invoice or credit application, together with an affidavit or testimony supporting the claim. If attorney fees or interest in excess of the statutory rate are claimed, the claim must be supported by evidence of written agreement or other evidence supporting the claim.

Amended effective 9/1/01

LCR 59. NEW TRIAL AND AMENDMENT OF JUDGMENTS

(e) Hearing on Motion. The moving party shall promptly note a motion for reconsideration or new trial for hearing, coordinating the setting with the bailiff for the trial judge and sending notice to the trial judge. The trial judge may dispose of the motion without oral argument if the hearing is not scheduled within 30 days of the filing of the motion unless the time has been extended for good cause or the judge is unavailable.

LCR 69. EXECUTION

(a) Procedure—Delinquent Support. No writ of execution or attachment shall be issued for the collection of delinquent child support or spousal maintenance until a judgment determining the amount due has been entered. (b) Supplemental Proceedings. In all supplemental proceedings wherein a show cause order is issued pursuant thereto requiring the personal attendance of a party to be examined in open court and in orders to show cause in re contempt, the order to show cause must include the following words in capital letters: YOUR FAILURE TO APPEAR AS SET FORTH AT THE TIME, DATE AND PLACE THEREOF MAY CAUSE THE COURT TO ISSUE A BENCH WARRANT FOR YOUR APPREHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE MATTER CAN BE HEARD, UNLESS BAIL IS FURNISHED AS PROVIDED IN SUCH BENCH WARRANT. The failure to include such wording will be grounds for the court to refuse to issue a bench warrant for the apprehension of such person.

LCR 77. SUPERIOR COURTS AND JUDICIAL OFFICERS

(c) Powers of Judicial Officers. (9) Judges Pro Tempore. The court administrator, with the aid of the Spokane County Bar Association, shall maintain a list of attorneys willing and capable of assuming occasional assignment as judges pro tempore. Judges pro tempore shall be utilized as available and needed, with the consent of the parties involved. Arrangements for judges pro tempore, trial scheduling, courtroom and courtroom personnel shall be made through the court administrator. (f) Sessions—Hours of Court. Court shall be in continuous session except for non-judicial days and Saturdays. Cases will be set, however, according to the priority established by law and court rule and the availability of trial departments. The hours of court shall be as follows: (1) Presiding Department and Ex Parte Department. The hours of the presiding department shall be from 9:00 a.m. until 12:00 noon and from 1:30 p.m. until 4:30 p.m. Monday through Friday, subject to change by the court for good cause. The hours of the ex parte department shall be from 9:00 a.m. until 12:00 noon and from 1:30 p.m. until 4:30 p.m. Monday through Friday, subject to change by the court for good cause. (2) Trial Departments. Jury trials will normally be conducted Mondays through Thursdays from 9:00 a.m. until 12:00 noon and from 1:30 p.m. until 4:30 p.m. subject to adjustment by the trial judge. Non-jury trials shall be during the same hours subject to adjustment by the trial judge. Friday calendars shall be individually controlled by the respective trial judges and may be utilized for pretrial conferences, motions, sentencings, opinion drafting and other chambers work. Amended effective 1/18/00

(i) Sessions Where More Than One Judge Sits. (10) Orders to Show Cause. Show cause orders relating to supplemental proceedings shall be issued and made returnable on the supplemental show cause calendar on Thursday of each week at 2:00 p.m. In all other show cause matters the order shall be made returnable to presiding court for assignment at 9:00 a.m. A copy of the order shall be provided upon its issue to the court administrator's office. (11) Sealed Files. [See LCR 79(i)] (k) Motion Day. [See LCR 40(b)(11) and LSPR 94.04(a)(5)] (l) Submission on Briefs. [See LCR 40(b)]

LCR 79 BOOKS AND RECORDS KEPT BY CLERK (g) Other Books and Records of Clerk. (1) Exhibits. Exhibits shall be kept separately from the court file. Any inspection of an exhibit must be in the presence of the clerk or a deputy clerk unless authorized by a court order. (A) Hazardous or Potentially Hazardous Materials. Exhibits containing hazardous or potentially hazardous materials shall be properly packaged and labeled before acceptance by the court. To meet packaging and labeling requirements, exhibits shall conform to the following criteria when presented: Amended effective 9/1/05 (i) Materials containing or apparently containing blood, blood residue, bloodborne pathogens, infectious material, drugs, controlled substances, or other potentially hazardous material, shall be packaged and labeled as directed in a Hazardous Exhibit Protocol adopted by the court and filed with the Clerk or as directed by the court. Amended effective 9/1/05 (ii) Firearms shall be unloaded, any breech mechanism or cylinder shall be open, and a secured trigger lock shall be in place. Amended effective 9/1/05 (iii) Dangerous weapons shall have any sharp or pointed portions sheathed in a manner to prevent injury or contact with the sharp or pointed portions. Amended effective 9/1/05 (iv) Paper bags alone shall not constitute proper packaging. Amended effective 9/1/05 (2) Rejection of Unsuitable Materials. (A) Original court record. Whenever there is presented to the clerk for filing in a cause, any paper or other material that is deemed by the clerk to be improper or inappropriate for filing, the clerk shall affix his file mark thereto and may forthwith orally apply to the court for a determination of the propriety of filing the material presented. If the court determines the paper or materials should not be made a part of the original court file, an order shall be entered to that effect and the material shall be retained by the clerk as an exhibit in the cause. The court may order that the unsuitable material be sealed, in which event it shall be available for inspection only by order of the court, except to the parties or their attorneys of record. (B) Materials filed not evidence unless ordered. Exhibits filed pursuant to subsection (2)(A) hereof shall not be evidence in the cause unless by order of the trial judge entered on notice and hearing. (h) Withdrawal of Files and Exhibits. (1) Files. Files may be withdrawn to be taken to a courtroom by the following persons on giving a written receipt: judges, court commissioners, deputy clerks, bailiffs, official court reporters, judicial assistants, court administrator's office, court facilitator staff, representatives from bail and/or bonding companies, attorneys, paralegals registered under LCR 54(e)(3), APR 9 legal interns, guardians ad litem and representatives of adoption agencies. Violation of this rule may result in sanctions including a suspension of privilege to remove any file from the Clerk's office. Files are available for electronic reproduction by the County Clerk under the fee schedule as provided in RCW 36.18.016 (4). Amended effective 9/2/13 (2) Exhibits - Temporary Withdrawal. Exhibits may be withdrawn temporarily from the custody of the clerk only by: (A) The judge having the cause under consideration. (B) Official court reporters and law clerks/judicial assistants, without court order, for use in connection with their duties. Amended effective 6/1/00 (C) Attorneys of record, or paralegals employed by attorneys of record and registered under LCR 54(e)(3) upon court order, after notice to or with the consent of opposing counsel. Amended effective 6/1/00 (3) Exhibits - Illustrative Exhibits Return. In any non-criminal cause, the court on its own motion, may at the conclusion of trial/hearing return all exhibits that were admitted for illustrative purposes only, to the parties, absent any objection by counsel. (4) Exhibits - Return of Exhibits. In any non-criminal cause on a stipulation of the parties, that when judgment in the cause shall become final, or shall become final after an appeal, or upon judgment of dismissal or upon filing a satisfaction of judgment, each party shall withdraw all exhibits offered by such party and give the clerk a receipt therefore. In the event a party shall fail to withdraw the exhibits within ninety (90) days after the final disposition, the clerk is authorized to destroy the same exhibits after thirty (30) days from mailing to a party a notice of intent to destroy exhibits. (5) Exhibits - Return of Controlled Exhibits (Drugs or Dangerous Items). When any controlled substance or dangerous items have been admitted in evidence or have been identified, and are being held by the clerk as part of the records and files in any criminal cause, and all proceedings in the cause have been completed, the prosecuting attorney may apply to the court for an order directing the clerk to deliver such drugs and/or dangerous items, to an authorized representative of the law enforcement agency initiating the ]prosecution for disposition according to law. If the court finds these facts, and is of the opinion that there will be no further need for such drugs and/or dangerous items, it shall enter an order accordingly. The clerk shall then deliver the drugs and/or dangerous items and take from the law enforcement agency a receipt which he shall file in the cause. He shall also file any certificate issued by an authorized federal or state agency and received by him showing the nature of such drugs. (6) Videotaped Deposition(s). Videotaped deposition(s) played and reviewed in open court shall be treated as court exhibits, with the same retention standards. Except as ordered by the court, if a party wishes same reviewed deposition(s) to become part of the court file, then the party shall submit a true and accurate transcript of such deposition(s) to the clerk. (7) Certified Appeal Board Records and Exhibits. Certified appeal board records and exhibits shall be kept separate from the original court file. Upon conclusion of the trial and stipulation of the parties, absent any objection or further appeal by the parties, the certified appeal board record and exhibits shall be withdrawn upon receipt to the clerk. In the event of an appeal to a higher court, when the final disposition of the appeal is filed, the parties shall withdraw the certified appeal board record and exhibits within thirty (30) days or upon notice from the clerk, authorize the clerk to destroy the above said records and exhibits. The clerk shall file any stipulation or authorization into the case file. (8) Destruction of Records - Reproduction of Records. (A) Microfilmed Or Scanned Records. Files, or portions thereof, and records that have been destroyed pursuant to RCW 36.23.065, may be reproduced and used in accordance with RCW 36.23.067 for trial or hearing. The party or attorney needing a reproduction of a microfilmed or scanned file or record shall request the clerk, at least six (6) days prior to the scheduled court date, to reproduce the necessary materials. Amended effective 9/1/05 (B) Confidential or sealed files and materials. The clerk shall not permit the examination of any confidential or sealed file or other sealed materials except by order of the court. Such order shall include findings to meet the requirements of GR-15 and any applicable statutes. (i) Sealed Files. The clerk shall not permit the examination of any sealed file except upon the written order of a judicial officer. Amended effective 9/1/07 (1) Confidential Use by Judicial Conduct Commission. Upon request, the clerk of the court shall provide copies of, or otherwise describe the contents of sealed files to a representative of the State Commission on Judicial Conduct, who is conducting a confidential investigation pursuant to WA. Const. Art. IV, sec. 31. Effective 9/1/07 (2) Public Use. No materials in a sealed file may be made public, unless the Judicial Conduct Commission has first obtained an order pursuant to GR 15. Motions to obtain such an order shall be made to the Presiding Judge. Effective 9/1/07 (j) Filing of Court Documents

(1) Filed Documents Available. Documents turned in for filing by 5:30 p.m. on any given day will be placed in the court file by 5:00 p.m. on the next work day, unless the document is a "Clerks Action Required" document or a Financial document requiring a judgment number an execution docket entry. Filed documents must be counted, coded, entered into the computer, scanned into the clerk's imaging system and electronically linked to the Document Management System. The court document will be available for use by 5:00 p.m. on the first work day subsequent to filing. "Clerks Action Required" and Financial documents require additional time for review, copying, execution docket coding, JIS data entry and verification. The court documents will be available for use by 5:00 p.m. on the third to fifth work day subsequent to filing. Amended effective 09/01/07; Amended effective 11/17/16 (2) Action Documents - Requirements. Pleadings or other papers requiring action on the part of the clerk, other than file stamping and docketing, shall be considered action documents. Action documents shall include a special caption directly below the case number on the first page, indicating "Clerks Action Required." Adopted 7/17/97; effective 9/1/97; amended effective 11/17/16)

LCR 80. COURT REPORTERS

(c) General Reporting Requirements. (1) Separate Civil and Criminal Notes. Court reporters shall keep notes for civil and criminal cases separately. (2) Filing of Notes. Reporters shall file their notes with the clerk within 120 days of the trial or proceeding, provided, however, that the notes may be stored in the courtroom under the proper supervision of the deputy clerk assigned to that courtroom. The court reporter shall provide the deputy clerk with the index number and place of storage of the notes and a minute record made of such action in the court journal. Civil and criminal notes shall be filed separately. The notes of the presiding court reporter shall be filed as a criminal matter even though containing some civil matters. An index, with number and title of all cases reported, shall be attached to and filed with said notes. Reporters may withdraw notes for the time necessary to prepare transcripts by giving a receipt therefor to the county clerk. (3) Argument and Informal Discussions. Unless otherwise directed by the trial judge, the following matters will not be reported: - Closing argument in non-jury cases; - Closing argument in civil jury cases where counsel have so agreed in advance; - Informal discussions relating to proposed instructions. (d) Confession Procedure Record. Unless the trial judge directs otherwise or the defendant is found not guilty, the court reporter shall promptly transcribe at the conclusion of the trial judge's bench decision concerning the admissibility of a confession, which shall be signed by the judge and filed to comply with CrR 3.5(c). (e) Oral Decision. Oral decisions or rulings by a judge which are transcribed for any purpose shall first be submitted to the judge for correction prior to delivery and a final copy furnished to the judge for his or her file.

LSPR 91.04 GARNISHMENTS (d) Judgment Against Garnishee. No judgment against a garnishee defendant or order to pay into court and no order to the clerk to pay out any sum received pursuant to a writ of garnishment will be signed except after judgment is entered against the defendant and until the party who caused the writ to issue shall have filed proof of service in the manner provided by statute and 20 days shall have elapsed from the filing of the answer of the garnishee defendant. (e) Federal Employees. When a garnishee defendant is a federal employer who fails to file a written answer but submits the amount to be withheld in the garnishment to the clerk of court or the judgment creditor, the judgment creditor shall provide the judgment debtor with written notice that the judgment debtor has 20 days from the mailing of the notice to file an objection with the court and that in the event they fail to file an objection and or claim an exemption within that time, the court will authorize disbursement of the funds in partial satisfaction of the judgment without further notice to the judgment debtor. Any documentation received from the garnishee containing calculations of the amount withheld by the garnishee shall be attached to the notice. The judgment creditor shall file a declaration that they have mailed such a notice and attachments and that more than 20 days have elapsed without the filing of an objection by the judgment debtor before the court shall authorize the disbursement of said funds. Amended effective 9/2/13

LSPR 92.0 COLLABORATIVE LAW PROCESS

(a) Commencement. In the event that represented parties enter into a Collaborative Law Participation Agreement that meets all requirements for such an agreement as specified in RCW 7.77.030, then upon the filing by both legal representatives of a joint Notice of Participation in Collaborative Law there shall be an automatic stay that suspends the case scheduling requirements of LAR 0.4.1. (b) Effect. Upon the removal of a family or civil law action from case management processes, the court shall set a status conference to occur not later than nine (9) months from the date of the matter's initial filing. The parties to the action shall then be excused from settlement conferences, discovery deadlines, GAL requirements, mediation, and any other deadlines. If the case does not resolve within this nine (9) month period, then a mandatory Collaborative Law Status Report shall be filed with the Court on the date set for the status conference. If participation in the Collaborative Law process remains ongoing, then additional periodic case status conferences shall be scheduled as the court orders. Failure to comply may lead to dismissal of the case. (c) Termination. Upon termination of the Collaborative Law process, prior to entry of the final decree, a Notice of Withdrawal from participation in Collaborative Law shall be filed with the Court. (d) Bench Copies. The notices contemplated by this local rule shall be filed with the Superior Court Clerk and a bench copy provided to the assigned trial judge.

Effective 9/2/14

LSPR 93.04 ADOPTIONS

(a) Relinquishments. (1) Personal Acknowledgment. (i) The written consent of parents who Petition for Relinquishment of their Parental Rights shall be provided in a Court Hearing on the record. (ii) However, personal appearance at a Court Hearing shall not be required provided the birth mother and/or birth father, whether admitted, presumed or alleged, sign a written waiver of her/his/their rights to notice of, and appearance at, a relinquishment hearing under subsection (a)(1)(i); unless otherwise required by the court pursuant to RCW 26.33.090. Amended effective 11/16/17 (2) Guardian Ad Litem for Minor Parent. The guardianad litem for any minor parent, including an alleged birthfather, shall be appointed from the list of family lawguardians ad litem approved by the court, unless otherwise ordered by the court for good cause. Unless otherwise ordered by the court the guardian ad litem shall be present at the hearing on the Petition for Relinquishment. The guardian ad litem shall file a written report addressing the factors set forth in RCW 26.33.070. (3) Form of Consent. The written consent of any parent, alleged father or presumed father shall be in the form prescribed by RCW 26.33.160, and shall contain the address of the Spokane County Superior Court Clerk. (4) Statement Regarding Social/Medical/Family History. Each parent, presumed father and alleged father who consents to the adoption and to the termination of the parent-child relationship shall also submit a written statement certifying that he or she has provided or will provide all social, medical and family history of the child and of the parent that is needed by the prospective adoptive parents to properly care for the child and to help the prospective adoptive parents maximize the developmental potential of the child. RCW 26.33.350. (b) Involuntary Termination of Parent-Child Relationship. (1) Appointment of Guardian Ad Litem. If a parent contests a petition for termination of the parent-child relationship, by appearing in the action, either personally or through an attorney, a Guardian Ad Litem shall be appointed to represent the best interests of the child. (c) Non-agency Adoptions. (1) Placement Requirements. The preplacement report must be dated not more than one year preceding the filing of a Petition for Relinquishment or for adoption or must be supplemented within that period of time. The preplacement report shall be obtained by the prospective adoptive parents at their expense from a licensed child-placing agency, the State Department of Social and Health Services, or by a court-approved individual who has a masters degree in social work or a related field and one year of experience in social work or a related field and one year of experience in social work or who is demonstrated to have reasonably equivalent experience. (2) Checklist of Required Pleadings. The following documents should be filed in a non-agency relinquishment/ termination/adoption proceeding: (A) Relinquishment: (i) Petition for Relinquishment (mother and/or father) (ii) Prospective Adoptive Parents' Consent to Assume Custody (iii) Consent to Adoption (mother and/or father) (iv) Waiver of Right to Notice if applicable (v) Petition for Adoption (vi) Preplacement Report (vii) Financial Affidavit (viii) Findings of Fact, Conclusions of Law and Order Terminating Parent-Child Relationship (B) Termination: (i) Petition for Termination (ii) Order Setting Time for Hearing (iii) Summons and Notice of Hearing (iv) Affidavit of Service/Publication (v) Motion/Affidavit/Order of Default (if applicable) (vi) Findings of Fact, Conclusions of Law and Order Terminating Parent-Child Relationship (C) Finalization: (i) Order Appointing Agency for postplacement report (ii) Postplacement report (iii) Acknowledgment of Receipt of All Information about child and birthparents (iv) Financial Affidavit (v) Findings of Fact, Conclusions of Law and Decree of Adoption (vi) Adoption Data Card and Birth Certificate Registration Form (d) Finalizations. (1) Financial Declaration. The adoptive parents in every adoption shall set forth in a declaration or affidavit a statement of all expenses paid and expected to be paid in connection with the adoption. Said affidavit shall be upon a form approved by the court. (e) Stepparent Adoptions. (1) Preplacement Reports. A preplacement report, prepared pursuant to RCW 26.33.190, shall be required before the adoption of a child by his or her stepparent: (A) If the petitioning stepparent and the custodial parent of the child have been married less than one year at the time the adoption is finalized; or

(B) If required by the court. (2) Postplacement Report. If a preplacement report is required in a stepparent adoption, the person or agency doing that report shall be appointed to complete the postplacement investigation and report, otherwise any suitable person may be appointed to do the postplacement report. No person related by blood or marriage to the custodial parent, the child or the petitioning stepparent shall be appointed. The report must contain the information required by RCW 26.33.200, and also must verify the following: (A) Birth certificate data of the child; (B) Information concerning the dissolution of the marriage of the natural parents, where applicable; (C) Marriage certificate data of the petitioning stepparent and the parent of the child/spouse of petitioner; (D) The criminal history, if any, of the petitioning stepparent; (E) A history of support and parental contact by the parent whose legal relationship with the child will end as a result of the adoption; (F) Employment history of the petitioning stepparent; (G) Whether the child or his or her parents are Native Americans. (f) General Requirements. (1) Interstate Adoptions: According to RCW 26.34 the Interstate Compact on Placement of Children shall apply to all cases in which the adoptee is born or residing in a state other than Washington, or is born and residing in Washington and is to be placed or adopted outside of Washington. Prior to any order allowing placement in cases subject to ICPC the Petitioners shall file proof of compliance with the ICPC process by filing a copy of the form 100A with signatures from both states offices indicating approval of the placement. (2) Attorney appointments: Any non-consenting parent who requests an attorney to be appointed at county expense due to indigency will complete and file a Financial Declaration WPF DR 01.0550. (3) Court's courtesy copies: Courtesy copies of all pleadings, notices and reports shall be provided to the Family Law Coordinator 7 days prior to any hearing for review. In the event of an emergency, the pleadings shall be provided no less than 24 hours prior to the hearing. The pleadings may be submitted in draft form in advance of the birth of the adoptee, and may be submitted prior to filing of the Petition. (4) Presentment of Orders: While a Petition for Termination/Relinquishment and Adoption may be filed prior to the birth of the baby, no orders regarding default or custody shall be signed prior to the birth. Effective 9/1/05

LSPR 94.03 MANDATORY PARENTING SEMINARS (a) Definition of Applicable Cases. This rule applies to all domestic cases including dissolutions, legal separations, andpaternity actions (in which paternity has been established) where the parties are parents of children under the age of 18, and where a parenting plan or residential plan is required. The rule also applies to parties in an action seeking a major modification, as defined by RCW 26.09.260, of a previous parenting or residential plan or Decree or Order regarding custody. (b) Parenting Seminars; Mandatory Attendance. Within 60 days after service of a petition or initiating motion on the respondent, or, in the case of a paternity action, after the entry by the Court of a finding of paternity, both parties shall participate in, and successfully complete, an approved Parenting Seminar. Standards for approved parenting seminars are set forth in sections (g), (h) and (i) below. Successful completion shall be evidenced by a certificate of attendance filed by the provider agency with the court. The provider may also provide a separate class for petitioners involved in cases where the respondent has or is expected to default. The seminar shall also meet the standards in (g), (h), and (i) below as applicable, and shall also provide any additional information which may be relevant to this type of case. (c) Permissive Application. In additional cases arising under Title 26 RCW where a court makes a discretionary finding that a parenting seminar would be in the best interest of the children, both parents, and such non-parent parties as the court may direct, shall also participate in a parenting seminar. (d) Special Considerations/Waiver. (1) In no case shall opposing parties be required to attend a seminar together. (2) 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 a seminar is not in the children's best interest, the court shall either: (a) waive the requirement of completion of the seminar; or (b) allow the parent to attend an alternative voluntary parenting seminar for battered spouses. (3) The court may waive the seminar requirement for one or both parents in any case for good cause shown. Factors to consider include, but are not limited to, whether the action will be resolved by default, one or more parties reside out of the geographical area and availability of parent education programs where the parties reside, the ages of the child(ren), and whether the parents have arrived at an agreed parenting plan which is approved by the court. (e) Fees. Each parent attending a seminar shall pay a fee charged by the approved provider. The seminars shall be conducted at no cost to the county. (f) Failure to Comply. Non-participation or default by one parent does not excuse participation by the other parent. Respondent's refusal, delay or default will not delay the progress of the case to a final decree. Petitioner's refusal or delay will prevent the case from being set for trial or any final order affecting the parenting/residential plan being entered, except in cases where there is a co-petitioner or counter petitioner who is in full compliance. Willful refusal or delay by either parent may constitute contempt of court and result in sanctions imposed by the court, or may result in the imposition of monetary terms, default and/or striking of pleadings. The Court shall also have the discretion to continue or strike motions brought by a party during the pendency of an action until the class has been completed. (g) Provider Agencies. Approved Parenting Seminars shall be those offered by providers who comply with seminar content requirements as specified in this rule. Parties may use equivalent services offered by private agencies or religious organizations, upon approval by the Committee. The Committee will maintain a list of providers who have filed a statement of compliance with the Committee. If the providers' qualifications are challenged, they shall be notified by the Committee of the process to resolve any questions regarding their future approval. The provider will then have an opportunity to respond to any challenges to their qualifications. (h) Seminar Content. The seminar content will be approved by the Committee, and shall include, at a minimum: (1) the developmental stages of childhood; (2) stress indicators in children; (3) age appropriate expectations of children; (4) the impact of divorce on children; (5) the grief process; (6) reducing stress for children through an amicable divorce; (7) the long term impact of parental conflict on children; (8) visitation recommendations to enhance the child's relationship with both parents; (9) financial obligations of child rearing; (10) conflict management and dispute resolution; (11) communication skills for divorced parents; (12) practical skills for working together; and (13) the impact on children when stepparents and blended families enter their lives. (i) Qualifications of Instructors. Parenting seminars shall be taught by a team of not less than two instructors, including one male and one female. Arrangements may be made for classes limited to one or two attendees, in which case two instructors are not required. Instructors should have the following minimum credentials and experience: (1) a master's degree in social work, psychology or other related behavioral science; (2) supervised experience in treatment of emotionally disturbed children, adolescents and their families; (3) experience in providing a wide range of mental health services to children and families, with specific experience in the areas of separation/divorce, loss and grief, and blended families; (4) extensive knowledge of child development, age appropriate expectations for children, and positive parenting; (5) an ability to work with others (both groups and individuals) as part of a collaborative program; and (6) strong oral communication skills. When parties choose to use providers or religious organizations which have not previously been accepted by the Committee as a provider of parenting seminars, the court may modify or waive the foregoing qualifications for the instructors upon a showing of functional equivalency. (j) Referrals for Other Services. During the seminar, referral resources will be made available to the parents and their children, including individual and family counseling, drug/alcohol counseling, anger management counseling, parenting classes, etc. These services are optional, and the parties must seek their own funding resources. (k) Parent Education Committee. The Parent Education Committee shall be a standing sub-committee of the Spokane County Superior ourt and shall consist of at least one judge, one court commissioner, one or more representatives of local dispute resolution agencies, one or more marriage and family therapists, one or more private attorneys, and others as appropriate.

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

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]

LSPR 94.06 GUARDIANS AD LITEM - RCW TITLE 26 FAMILY LAW - APPOINTMENT, GUARDIAN AD LITEM REPORT, CASE AND ANNUAL EVALUATIONS AND COMPLAINT PROCEDURES

(a) Guardians Ad Litem. When the appointment of a guardian ad litem is required, the appointee shall come from the Title 26 Family Law Guardian Ad Litem Registry maintained by the Superior Court. In order to be placed on the registry a person must present a written statement of their qualifications and complete a training program approved by the court. The Spokane County Superior Court Judges shall appoint a committee, to be known as the Family Law Guardian Ad Litem Committee, of judges and/or court commissioners and interested members of the Spokane County Bar Association to maintain the registry and provide training to those persons who wish to participate in the program. Orders to Appoint Guardian Ad Litem may be presented to the Ex Parte Department. (b) Administration. The administration of such Guardian Ad Litem registry, including qualification, appointment, retention, evaluation, complaints and discipline of guardians ad litem under this rule, shall be in accordance with the written Policies and Procedure promulgated and approved by the Spokane County Superior Court. Copies of such written policies and procedures may be obtained from the Family Law Coordinator. Effective 11/1/02 (c) Case Evaluations. At the time a guardian ad litem is discharged from a case, every attorney and the judicial officer involved in the case, will submit an evaluation of the guardian ad litem on a form to be supplied by the court. The completed evaluations will be returned to the Family Law Coordinator’s Office and placed in the guardian ad litem’s file. A copy of the evaluation(s) will be provided to the guardian ad litem. The guardian ad litem may respond, in writing, and the response will be placed in the guardian ad litem’s file. These evaluation forms will assist the court in maintaining a registry of qualified guardians ad litem. Amended effective 11/1/02 (d) Annual Evaluations. A judicial officer will review the complete file of every guardian ad litem at the time the Annual Updated Statement of Qualifications is reviewed. The judicial officer may refer a guardian ad litem file to the Family Law Guardian Ad Litem Committee if the judicial officer concludes, in a written report, there are specific concerns that should be addressed with the guardian ad litem. The guardian ad litem will be given a reasonable time to respond to the report. The Family Law Guardian Ad Litem Committee, or its designee, will meet with the guardian ad litem to discuss the report and appropriate remedial action(s), if any, to be taken by the guardian ad litem. The Family Law Guardian Ad Litem Committee may (1) allow the guardian ad litem to remain on the registry with no further action; (2) suspend the guardian ad litem from the registry, subject to the guardian ad litem completing other requirements as set forth by the Committee; or (3) remove the guardian ad litem from the registry. The guardian ad litem will be notified by written decision within seven days. In the event of removal from the registry, the guardian ad litem may request a meeting with the full Committee to review the decision. Amended effective 11/1/02 (e) Complaint Procedures. Amended effective 11/1/02 (1) Duties of the Judicial Officer. The court shall designate a judicial officer to review any written complaint regarding a guardian ad litem. If the complaint pertains to a pending case, the judicial officer shall immediately refer the complaint to the judge or court commissioner assigned to the pending case for disposition. If a complaint is received after a case has been completed then the judicial officer will commence an investigation. (2) Investigation Procedures. The judicial officer will advise the complainant that an investigation has commenced. A copy of the complaint will be sent to the guardian ad litem. The guardian ad litem shall submit a written response within fourteen days of receipt of the complaint unless the court for good cause extends the time. The judicial officer may make any other contacts or inquiries he or she feels necessary. The judicial officer will submit a written report, within 45 days of the receipt of the written complaint, to the Family Law Guardian Ad Litem Committee. The guardian ad litem may respond to the report within 15 days of receipt of the report. (3) Discipline: The judicial officer may recommend to the Family Law Guardian Ad Litem Committee to (1) allow the guardian ad litem to remain on the registry with no further action; (2) suspend the guardian ad litem from the registry, subject to the guardian ad litem completing other requirements as set forth by the Committee; or (3) remove the guardian ad litem from the registry. The Committee, or its designee, will meet and review the judicial officer’s recommendation. The guardian ad litem will be notified by written decision within seven days. The guardian ad litem may request a meeting with the full Committee to review its decision. (f) Confidentiality. A record of all complaints and grievances will be maintained by the court and treated as confidential until merit has been found. A record of any sanctions issued pursuant to the Annual Review and/or Complaint Procedures will be placed in the guardian ad litem’s file. Amended effective 11/1/02 (g) Appointments. (1) Guardians Ad Litem in Title 26 cases (family law) will be appointed pursuant to statute (RCW 26.12) and the policies and procedures established by the Family Law GAL Committee. The policies and procedures are available from the Family Law Coordinator. (2) Each GAL on the Family Law Registry shall be required to accept two county-pay cases each calendar year. These cases shall be paid pursuant to the Spokane County Superior Court GAL payment policies. (3) A combination of County payment/private payment may be allowed pursuant to Spokane County Superior Court GAL payment policies. (4) No GAL shall be appointed without his or her written approval or telephonic consent to the Family Law Coordinator. Effective 9/1/04 (h) Procedure to address complaints. GALs may address complaints regarding registry or appointment matters as follows: (1) Complaints should be directed in writing to the chair of the Family Law GAL Committee. (2) The chair will review the matter, investigate as necessary and present the issue to the full committee at its next regularly scheduled meeting. The committee will decide whether any action is necessary to address the complaint, and establish a plan to enforce that action. (3) The complainant shall be notified of the committee’s decision in writing within one week of the committee meeting. Effective 9/1/04

LSPR 96.04 CHANGE OF NAME OF STEPCHILD

When a change of name of a child to that of the stepfather is sought for a child under 18 years of age, notice must be given to the natural father in the manner of giving notice to a nonconsenting parent in an adoption and, in addition, written consent will be required of any child over 14 years of age.

Amended effective 9/1/99

LSPR 98.04 ESTATES—PROBATE

(a) Estates—Probate Accounts. (1) Receipts or cancelled checks in support of final and intermediate accounts in probate matters shall not ordinarily be filed with the clerk. Supporting documentation to accounts shall be supplied to the court as needed to resolve any objection of an interested party or issue raised resolve any objection of an interested party or issue raised by the court. Amended effective 9/1/02 (2) Final accounts are to be prepared in charge and discharge form, accounting for all assets received by the personal representative, all credits claimed, and reconciled to the balance of the assets on hand to be distributed. Amended effective 9/1/02 (3) Order for Production of Wills. Upon filing any petition showing jurisdictional facts as to the estate of a deceased person and alleging that it is believed that a will exists and is in a safe deposit box to which the deceased had access, any person having control of such safe deposit box may be directed by court order to open such box in the presence of the petitioner, and if a document purporting to be a will of the deceased is found, the custodian of such safe deposit box shall deliver the same to counsel for the petitioner for immediate filing or to the clerk of the court. The clerk, on demand, and on payment of fees, shall issue a receipt for the same, attaching a photostatic or a like reproduction of said will to the receipt. The fees and mileage to the custodian for such delivery shall be the same as those for any witness and payable by the petitioner, together with expenses incurred. Amended effective 9/1/02

LSPR 98.16 ATTORNEY'S FEES FIXED BY COURT IN MINOR OR INCOMPETENTS SETTLEMENTS

(f) Attorneys Fees. In those instances in which the court is called upon to set the reasonable amount of the fee for the lawyer acting on behalf of a minor or other incapacitated person, the court at the hearing shall consider the criteria set forth in RPC 1.5 and RCW 4.24.005. (g) Court Approval of Investments. The court shall make available a set of investment guidelines for funds held in trust for a minor or other incapacitated person. The guidelines shall be distributed through the Spokane County Bar Association Office. A reasonable fee, approved by the Court, may be charged for the printing and distribution of the guidelines. These may assist a petitioning party in formulating and presenting to the Court for its approval a proposal to invest such funds. Court approval shall not be required for funds to be placed in a blocked account in a bank, trust company or other insured financial institution such as a credit union. The court need not approve the acquisition of unconditional interest bearing obligations of the state or federal government.

LSPR 98.18 COURT-CREATED TRUSTS (a) Special Needs Trusts and Trusts governed by SPR 98.16W shall be approved in accord with the following requirements: (1) A copy of the proposed trust document, note for hearing, trustee's fee schedule, and the Guardian Ad Litem report, shall be furnished to the Guardianship Monitoring Program, for guardianship matters fourteen days in advance of the hearing. If a case is assigned to a trial judge, all hearings will be set before the assigned judge. If a case is not assigned to a trial judge, hearings must be scheduled through the Guardianship Monitoring Program. Amended effective 04/13/2017 (2) An independent Guardian Ad Litem, specifically qualified in the area of court-created trusts, must be appointed to evaluate the proposed trust unless: (a) The Court has ordered that the trust be drafted by independent trust counsel or (b) The basis for eligibility for a special needs trust is a physical disability only and the adult beneficiary is competent. However, the Court may, in its discretion, appoint a Guardian Ad Litem for an otherwise competent beneficiary if it determines that he or she may not fully appreciate all the issues involved in creating the trust. (3) The proponent of a trust must identify any other roles expected for trustees or members of a trust advisory committee in the life of the beneficiary. This would include caregivers, professional advisors, family or others who might receive direct or indirect economic benefit from trust expenditures. (4) The order establishing the trust may only be entered in a file with a probate/guardianship type "4" case assignment number to facilitate tracking. The order must have space designated on the face page to highlight due dates for accountings and other required filings. The trust document must be filed in the Superior Court file. Amended 04/13/17 (5) The trustee is required to furnish annual accountings to the Court for audit and approval on notice to any interested parties. Amended 04/13/17 (6) The trust may not provide for removal to another venue or jurisdiction without order of this Court. (7) A parent of a minor beneficiary shall not serve as a guardian of the estate or as the sole trustee. If a parent is acting as a co-trustee, there must be court approval for any disbursements to the parent. Amended 04/13/17 (8) The appointment of any successor trustee is subject to approval of the Court. (9) A trustee, other than a bank or trust company, is required to post a bond in the full amount of trust funds not placed in blocked accounts. (10) Amendment of the trust shall only be by order of this Court. (11) The trustee must file an inventory with the Court within 30 days of the funding of the trust. An amended inventory must be filed within 30 days if additional funding, in excess of $3,000, takes place after the filing of the initial inventory. (12) The trustee must file with the Court an outline of the beneficiary's projected needs and significant trust expenditures within 30 days of their appointment and annually at the time of each accounting to the Court.

LSPR 98.19 CONFLICTS OF INTEREST OF PROPOSED GUARDIAN

(1) It shall be deemed a conflict of interest for a Certified Professional Guardian (CPG) to petition to have him or herself appointed as guardian for an alleged incapacitated person. Likewise, it shall be deemed a conflict of interest for an Attorney/CPG representing a petitioner to seek to have him or herself appointed. The conflict shall be disclosed to the Court and the procedure set forth below followed. (2) If a CPG petitioner or an Attorney/CPG representing a petitioner seeks to have the Court appoint himself or herself as a guardian for an alleged incapacitated person he or she shall determine that: (a) a guardianship is in the best interests of the alleged incapacitated person; (b) there are no less restrictive alternatives; and (c) there is no other suitable person willing to act as guardian. (3) The conflicted party, referred to above, shall conduct an investigation and file a declaration (Declaration Pursuant to LSPR 98.19) describing the following pre-filing actions: (a) identify any alternative nominees and provide information as to why alternate nominees who are available are not suitable or able to serve; (b) provide a written request from the party requesting the guardianship which identifies the basis for the request and the basis for the decision by that party not to petition; (c) provide documentation from third parties of the facts set out in the petition. Such documentation can include statements from care providers, family members, friends, or others with knowledge of the circumstances of the incapacitated person. (d) provide documentation that the conflicted party has met with the alleged incapacitated person, the results of that meeting, and an opinion of the capacity issues faced by the alleged incapacitated person. (e) disclose any relationship the conflicted party may have with a care facility and describe any practice the facility may have involving the referral of residents.

Effective 11/25/13

LSPR 98.20 ESTATES-GUARDIANSHIPS-TRUSTS

(a) Hearings 1. If a guardianship/trust case is assigned to a trial judge, all hearings will be set before the assigned judge pursuant to LCR 40. 2. If a guardianship/trust case is not assigned to a trial judge, hearings must be scheduled through the Guardianship Monitoring Program.

3. There will be a weekly guardianship/trust calendar. 4. The first thirty minutes of the guardianship/trust calendar will be reserved for ex-parte matters. 5. The Note for Hearing or Order to Show Cause and documents pertaining to the hearing must be served and filed no later than twelve days prior to the hearing. Any responding documents must be served and filed at least seven days before the hearing. Reply documents must be served and filed at least two days before the hearing. In the event an agreed or uncontested order of continuance is to be entered, parties are required to present the order to the judicial assistant of the assigned judge or the Guardianship Monitoring Program if not assigned. 6. Copies of all documents pertaining to the hearing shall be furnished to the judicial assistant of the assigned judge or to the Guardianship Monitoring Program if not assigned. 7. Hearing time limits. Each party shall be given ten minutes unless additional time is granted by the judge or court commissioner. Requests for additional time shall be made in writing and provided with copies of all documents pertaining to the hearing. 8. Confirming hearings. A party to the proceeding must confirm the matter is ready no later than 12:00 noon, 2 days before the hearing by contacting the assigned judicial assistant of the assigned judge or to the Guardianship Monitoring Program if not assigned. Amended effective 11/25/13 (b) Pleadings. Parties are required to use those guardianship forms approved by the Spokane County Superior Court for guardianship proceedings. Amended effective 9/1/02 (c) Presentation of Reports and Care Plans. (1) The original of any report, accounting or care plan shall be filed in the Clerk's Office. Amended effective 9/1/02 (2) A date-stamped copy of the report, accounting or care plan shall be provided to the Guardianship Monitoring Program together with an original and one copy of a proposed order approving the report, accounting and/or care plan and a stamped, self-addressed envelope. Out-of-county guardians doing business by mail shall send the originals, copies and proposed order tothe Guardianship Monitoring Program.

Amended effective 11/25/13 (3) Supporting documentation for accountings shall be provided to the Guardianship Monitoring Program. This shall include original monthly bank statements, canceled checks or substitute images thereof provided by the financial institution, and receipts as appropriate. If the guardian of the estate is a bank or trust/agency company, it may file a computer printed statement of account in lieu of receipts or canceled checks. However, it must still complete the Report and Accounting form. Amended effective 9/1/02 (d) Final Accounting. When a guardianship of the estate terminates and a guardian files a final account, an order shall be presented to the court setting a hearing on notice pursuant toRCW 11.92.053. The Guardianship Monitoring Program shall audit the final accounting. The order shall be on a form approved by the court. However, if the sole basis for the guardianship is the minority of the incapacitated person, the guardian may settle the account by filing a declaration of completion and serving notice thereof, on forms approved by the court, in accord with RCW 11.88.140. If the guardian of the estate resigns or is removed, but the guardianship continues, the court may in its discretion settle the account as an ex parte intermediate account or require a hearing on notice. Amended effective 11/25/13

(e) Withdrawal by Attorney. Should the attorney representing the estate choose to withdraw, the attorney must advise the court of the name and address of the party to be notified, should that be necessary, of a delinquent report, accounting or Periodic Personal Care Plan. The notice to the court shall be filed prior to the effective date of the withdrawal of the attorney.

Amended effective 9/1/02 (f) Show Cause Noncompliance Calendar. (1) Calendar. The clerk's office shall record all due dates for guardian's reports, and filings as set by the court. This shall include, but not be limited to an inventory, care plan, designation of standby-guardian, report and accounting or receipt for blocked account. The Guardianship Monitoring Program shall set a monthly Show Cause Noncompliance Calendar for those cases in which guardians have not met the required due dates. Amended effective 11/25//13 (2) Order to Appear. If reports and filings are not presented timely, an order to appear on the guardianship show cause noncompliance calendar shall be sent to the attorney of record and/or the guardian citing the parties into court. Appearance on the calendar is mandatory. The attorney and/or the guardian shall have at least five days notice, in accordance with CR 6, to appear. Amended effective 11/25/13 (3) Attendance at Show Cause Noncompliance Calendar Excused. If the guardian files the required document(s) referenced in the show cause noncompliance notice at least five days in advance of the calendar date, they shall be excused from attendance at the calendar. Amended effective 11/25/13 (4) Sanctions on the Show Cause Noncompliance Calendar. The judicial officer assigned to hear the guardianship show cause noncompliance calendar may impose monetary sanctions, increase the bond, suspend the duties of the guardian, appoint a guardian ad litem, and/or remove the guardian. Amended effective 11/25/13 (g) Review Hearing/Conference. If after initial review of a guardian's report or other filing, it is found unacceptable by the Court, the guardian shall be notified of the additional information or corrective action required. Additionally, the Court may cite the guardian in to appear at an informal review conference or in-court review hearing. The Court may then take appropriate action to resolve any concerns regarding the guardian's performance of their fiduciary duties. Effective 9/1/02 (h) Deleted. Amended effective 1/1/07

LSPR 98.22 GUARDIANS AD LITEM - RCW 11.88 GUARDIANSHIPS - APPOINTMENT, GUARDIAN AD LITEM REPORT, CASE AND ANNUAL EVALUATIONS AND COMPLAINT PROCEDURES (a) Guardians Ad Litem. When the appointment of a guardian ad litem is required, the appointee shall come from the Guardian Ad Litem Registry maintained by the Superior Court Guardianship Monitoring Program. In order to be placed on the registry a person must present a written statement of their qualifications, WSP background check resume, cover letter and complete a training program approved by the court. 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 maintain the registry and provide training to those persons who wish to participate in the program. Initials from the Guardianship Monitoring Program staff on the Order Appointing Guardian Ad Litem is required before presentment. Orders to Appoint Guardian Ad Litem may be presented to the Guardianship Calendar or to Guardianship Court Commissioner. Guardianship orders shall not be signed by a Pro Tem Commissioner. To remain on the Guardian Ad Litem Registry, the Guardian Ad Litem must attend the entire annual mandatory training, provide statement of qualifications and WSP background check by annual deadline. Amended Effective 4/13/17 (b) Administration. The administration of such Guardian Ad Litem registry, including qualification, appointment, retention, evaluation, complaints and discipline of guardians ad litem under this rule, shall be in accordance with the written Policies and Procedures promulgated and approved by the Spokane County Superior Court. Copies of such written policies and procedures may be obtained from the Guardianship Monitoring Program website or office. Effective 11/1/02 Amended Effective 4/13/17 (c) Report of Guardian Ad Litem. When a guardian ad litem is appointed pursuant to RCW 11.88.090, the guardian ad litem shall secure a Medical/Psychological Report and file it with the Guardian Ad Litem Report form approved by the court and posted on the Guardianship Monitoring Program website. The use of these forms is mandatory. Amended effective 11/1/02 Amended Effective 4/13/17 (d) Case Evaluations. At the time a guardian ad litem is discharged from a case, every attorney and the judicial officer involved in the case, will submit an evaluation of the guardian ad litem on a form to be supplied by the court. The completed evaluations will be returned to the Guardianship Monitoring Program and placed in the guardian ad litem's file. A copy of the evaluation(s) will be provided to the guardian ad litem. The guardian ad litem may respond, in writing, and the response will be placed in the guardian ad litem's file. These evaluation forms will assist the court in maintaining a registry of qualified guardians ad litem. Amended effective 11/1/02 Amended effective 04/13/17 (e) Annual Evaluations. A judicial officer will review the complete file of every guardian ad litem at the time the Annual Statement is reviewed. The judicial officer may refer a guardian ad litem file to the Guardianship Registry Committee if the judicial officer concludes, in a written report, there are specific concerns that should be addressed with the guardian ad litem. The guardian ad litem will be given a reasonable time to respond to the report. The Guardianship Registry Committee, or its designee, will meet with the guardian ad litem to discuss the report and appropriate remedial action(s), if any, to be taken by the guardian ad litem. The Guardianship Registry Committee may (1) allow the guardian d litem to remain on the registry with no further action; (2) suspend the guardian ad litem from the registry, subject to the guardian ad litem completing other requirements as set forth by the Committee; or (3) remove the guardian ad litem from the registry. The guardian ad litem will be notified by written decision within fourteen days. In the event of removal from the registry, the guardian ad litem may request a meeting with the full Committee to review the decision. Amended effective 11/1/02 Amended effective 4/13/17 (f) Complaint Procedures. Amended effective 11/1/02 (1) Duties of the Judicial Officer. The court shall designate a judicial officer to review any written complaint regarding a guardian ad litem. If the complaint pertains to a pending case, the judicial officer shall immediately refer the complaint to the judge or court commissioner assigned to the pending case for disposition. If a complaint is received after a case has been completed then the judicial officer will commence an investigation. (2) Complaints should be directed to the Guardianship Monitoring Program who will forward to the designated Judicial Officer of the Guardianship Registry Committee. Effective 04/13/17 (3) Investigation Procedures. The judicial officer will advise the complainant that an investigation has commenced. A copy of the complaint will be sent to the guardian ad litem. The guardian ad litem shall submit a written response within fourteen days of receipt of the complaint unless the court for good cause extends the time. The judicial officer may make any other contacts or inquiries he or she feels necessary. The judicial officer will submit a written report, within 45 days of the receipt of the written complaint, to the Guardianship Registry. The guardian ad litem may respond to the report within 15 days of the receipt of the report. Amended effective 04/13/17 (4) Discipline. The judicial officer may recommend to the Guardianship Registry Committee to (1) allow the guardian ad litem to remain on the registry with no further action; (2) suspend the guardian ad litem from the registry, subject to the guardian ad litem completing other requirements as set for by the Committee; or (3) remove the guardian ad litem from the registry. The Committee, or its designee, will meet and review the judicial officer's recommendation. The guardian ad litem will be notified by written decision within fourteen days. The guardian ad litem may request a meeting with the full Committee to review its decision. Amended effective 04/13/17 (g) Confidentiality. A record of all complaints and grievances will be maintained by the court and treated as confidential until merit has been found. A record of any sanctions issued pursuant to the Annual Review and/or Complaint Procedures will be placed in the guardian ad litem's file. Amended effective 11/1/02 (h) Removal from the Guardianship Registry. When a guardian ad litem is removed from the Guardianship Registry, the court shall send a notice to the Office of the Administrator for the Courts. Amended effective 11/1/02 (i) Appointments. (1) Guardians Ad Litem in Title 11 cases (guardianship) will be appointed pursuant to statute (RCW 11.88) and the policies and procedures established by the Guardianship Registry Committee. The policies and procedures are available from the Guardianship Monitoring Program. Amended effective 04/13/17 (2) Each GAL on the Guardianship Registry shall be required to accept two county-pay cases each calendar year. These cases shall be paid pursuant to the Spokane County Superior Court GAL payment policies. (3) No GAL shall be appointed without his or her written approval or telephonic consent. Effective 9/1/04 Amended effective 4/13/17 (j) Deleted Amended effective 04/13/17 (1) Deleted Amended effective 04/13/17 (2) Deleted Amended effective 04/13/17 (3) Deleted Effective 9/1/04 Amended effective 04/13/17

c:\documents and settings\jherr\application data\microsoft\templates\normal.dot Page 1 of 1 Last Save: 0/0/0000 0:00 AM LSPR 98.24 MANDATORY GUARDIAN TRAINING (a) Definition of Applicable Cases. This rule applies to all guardianship cases including those originating under RCW 11.88 and SPR 98.16W. The court, in its discretion, may also direct other persons to take all or part of the mandatory guardian training. Effective 1/1/07 (b) Intent. The purpose of mandatory guardian training is to provide information to prospective guardians about their legal responsibilities as a guardian. Effective 1/1/07 (c) Guardian Training. Except as provided in (d) no person shall be appointed guardian by the court until he/she has successfully completed the Mandatory Guardian Training sponsored by the Spokane County Superior Court. Successful completion shall be evidenced by a certificate issued by the court. Effective 1/1/07 (d) Special Consideration/Waiver. Certified Professional Guardians are not required to attend guardian training as long as the guardian is in good standing with the Certified Professional Guardian Board. The court may waive the training for attorneys, bank trust officers and other professionals who have been appointed as guardians in the past. Effective 1/1/07 (e) Fees. Each participant shall pay a fee to Spokane County to cover the cost of the training and guardian manual. The court may waive the fee in cases where the proposed guardian and/or the alleged incapacitated person is indigent. Effective 1/1/07

LSPR 99. LOCAL RULES OF SUPERIOR COURT

(a) Adoption. These local rules were originally adopted on September 21, 1978, to be effective on January 1, 1979. They were revised August 1, 1981. They may be amended from time to time by a majority of the judges, but shall first be submitted for comment to representatives of the Spokane County Bar Association in the absence of emergency or other circumstances justifying immediate change. The provisions of these rules are supplemental to the Rules of the Supreme Court of the State of Washington and shall not be construed in conflict with them. (b) Format. These rules shall be contained in the Spokane County electronic data processing system. Updated copies shall be available to counsel and other interested parties upon payment of a reasonable fee to cover the cost of reproduction. (c) Filing With Administrator for the Courts. Copies of these rules and subsequent amendments shall be provided to the state court administrator without fee pursuant to GR 7.

LMAR 1.1 APPLICATION OF RULES-PURPOSE AND DEFINITIONS The purpose of mandatory arbitration of civil actions under RCW 7.06 as implemented by the Mandatory Arbitration Rules is to provide a simplified and economical procedure for obtaining the prompt and equitable resolution of disputes involving claims of $100,000 or less. The Mandatory Arbitration Rules as supplemented by these local rules are not designed to address every question which may arise during the arbitration process, and the rules give considerable discretion to the arbitrator. The arbitrator should not hesitate to be informal and expeditious, consistent with the purpose of the statute and rules.

Amended effective 08/30/18

LMAR 1.2 MATTERS SUBJECT TO ARBITRATION By implementation of these rules the Superior Court of Washington for Spokane County authorizes mandatory arbitration under RCW 7.06.010, and approves such arbitrations in civil actions in which no party asserts a claim in excess of $100,000 exclusive of interest and costs under RCW 7.06.020 as amended.

Amended effective 08/30/18

LMAR 1.3 [DELETED]

LMAR 2.1 TRANSFER TO ARBITRATION (a) Statement of Arbitrability. The party filing a statement of arbitrability shall do so no later than the date set forth in the Case Schedule Order using such form(s) as approved by the Court. A conformed copy shall be provided to the court administrator. If any party objects to the matter being submitted for mandatory arbitration, said objection shall be filed within 5 days of receipt of the Statement of Arbitrability and shall be noted for hearing pursuant to LCR 40(b) before the assigned judge, or if unassigned, to the presiding judge. The party objecting to the statement of arbitrability shall provide a copy of such to the court administrator.

Amended effective 08/30/18 (b) By Stipulation. After the answer has been filed, the parties may stipulate to mandatory arbitration using a Stipulation for Arbitration form approved by the court. Stipulated cases will be placed on the arbitration calendar regardless of the nature of the case or amount in controversy (see LMAR 8.1). Amended effective 08/30/18 (c) Limitations. For cases where a Case Schedule Order has been entered pursuant to LAR 0.4.1, no case may be assigned to mandatory arbitration after the deadline for filing for arbitration, unless consent is obtained from the assigned judge.

Amended effective 9/1/01

LMAR 2.3 ASSIGNMENT TO ARBITRATOR (a) Generally, Stipulations. When a case is set for arbitration, a list of not less than five proposed arbitrators will be furnished to the parties. A master list of arbitrators will be made available on request. The parties are encouraged to stipulate to an arbitrator using Stipulation to Arbitrator (form LMAR-02.0300). In the absence of a stipulation, the arbitrator will be chosen from among the five proposed arbitrators in the manner defined by this rule. Amended 08/30/18 (b) Response by Parties. Each party may, within ten days after a list of proposed arbitrators has been furnished to the parties, nominate one or two arbitrators and strike two arbitrators from the list. If both parties respond, an arbitrator nominated by both parties will be appointed. If no arbitrator has been nominated by both parties, the court administrator, or their designee, will appoint an arbitrator from among those not stricken by either party.

Amended effective 08/30/18 (c) Response by Only One Party. If only one party responds within ten days, the court administrator, or their designee, will appoint an arbitrator nominated by that party.

Amended effective 08/30/18 (d) No Response. If neither party responds within ten days, the court administrator, or their designee, will appoint one of the five proposed arbitrators.

Amended effective 08/30/18 (e) Additional Arbitrators for Additional Parties. If there are more than two adverse parties, all represented by different counsel, two additional proposed arbitrators shall be added to the list for each additional party so represented with the above principles of selection to be applied.

Amended effective 9/1/01

LMAR 3.1 QUALIFICATIONS (a) Arbitration Panel. There shall be a panel of arbitrators who qualify under RCW 7.06.040, including the minimum of three credits on the professional and ethical considerations for serving as an arbitrator. A person desiring to serve as an arbitrator shall complete an application on a form prescribed by the court. A copy of said application of a person appointed as an arbitrator will be available upon request by any party and will be mailed to a requesting party at the party's own expense. The oath of office on the form prescribed by the court must be completed and filed prior to an appointed applicant being placed on the panel. Amended 08/30/18 (b) Refusal, Disqualification. The appointment of an arbitrator is subject to the right of that person to refuse to serve. An arbitrator must notify the court administrator, or their designee, in writing immediately if refusing to serve or if any cause exists for the arbitrator's disqualification from the case upon any of the grounds of interest, relationship, bias or prejudice set forth in CJC 2.11 governing the disqualification of judges. Amended effective 08/30/18

LMAR 3.2 AUTHORITY OF ARBITRATORS

An arbitrator has the authority to: (a) Motions. Determine the time, place and procedure to present a motion before the arbitrator, excluding motions for summary award and involuntary dismissal. (b) Expenses. Require a party or attorney advising such party or both to pay the reasonable expenses, including attorney's fees, caused by the failure of such party or attorney or both to obey an order of the arbitrator unless the arbitrator finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The arbitrator shall make a special award for such expenses and shall file such award with the clerk of the superior court, with proof of service on each party. The aggrieved party shall have ten days thereafter to appeal the award of such expense in accordance with the procedures described in RCW 2.24.050. If within ten days after the award is filed no party appeals, a judgment shall be entered in a manner described generally under MAR 6.3. (c) Attorney's Fees. Award attorney's fees as authorized by these rules, by contract or by law.

LMAR 4.2 DISCOVERY (a) Additional Discovery. In determining when additional discovery beyond that directly authorized by RCW 7.06.047 and MAR 4.2 is reasonably necessary, the arbitrator shall balance the benefits of discovery against the burdens and expenses. The arbitrator shall consider the nature and complexity of the case, the amount in controversy, values at stake, the discovery that has already occurred, the burdens on the party from whom discovery is sought, and the possibility of unfair surprise which may result if discovery is restricted. Authorized discovery shall be conducted in accordance with the civil rules except that motions concerning discovery shall be determined by the arbitrator. Amended 08/30/18

(b) Discovery Pending. Discovery pending at the time the case is assigned to an arbitrator is stayed pending order from the arbitrator or except as the parties may stipulate or except as authorized by MAR 4.2.

LMAR 5.1 NOTICE OF HEARING—TIME AND PLACE—CONTINUANCE

An arbitration hearing may be scheduled at any reasonable time and place chosen by the arbitrator. The arbitrator may grant a continuance without court order as long as the new hearing date will allow the arbitration hearing and arbitrator decision to be completed 30 days before the scheduled trial date. The parties may stipulate to a continuance only with the permission of the arbitrator. A continuance of the arbitration hearing to a date less than 30 days prior to the scheduled trial date must be approved by the assigned judge. The arbitrator shall give reasonable notice of the hearing date on a Notice of Arbitration Hearing Date form approved by the court, and any continuance on an Order of Continuance of Arbitration Hearing Date form approved by the court to the arbitration director.

Amended effective 9/1/01

LMAR 5.2 PREHEARING STATEMENT OF PROOF - DOCUMENTS FILED WITH COURT (a) Generally. In addition to the requirements of MAR 5.2, each party shall also furnish the arbitrator with copies of pleadings and other documents contained in the court file which that party deems relevant. The court file shall remain with the county clerk. The arbitrator shall strictly enforce the provisions of MAR 5.2 and is encouraged to withhold permission to present evidence at the time of hearing if the parties have failed to comply with this rule. Amended 08/30/18 (b) [Deleted].

LMAR 5.3 [DELETED]

LMAR 6.1 FORM AND CONTENT OF AWARD

(a) Form. The award shall be prepared on an Arbitration Award approved by the court and filed with the county clerk along with proof of service on the parties. Amended effective 9/1/01 (b) Return of Exhibits. When an award is filed, the arbitrator shall return all exhibits to the parties who offered them during the hearing.

LMAR 6.2 FILING OF AWARD A request by an arbitrator for an extension of time for the filing of an award shall be presented to the court administrator, or their designee, who may approve or decline with authorization from the assigned or presiding judge. The arbitrator shall give the parties notice of any extension granted. Recurring delays in the filing of awards will result in the removal of the arbitrator from the panel. Amended 08/30/18

LMAR 6.3 JUDGMENT ON AWARD

(a) Presentation. A judgment on an award shall be presented to the ex parte department, by any party, on notice in accordance with MAR 6.3.

LMAR 7.1 REQUEST FOR TRIAL DE NOVO (a) Request. The Request for Trial de Novo and Sealing of Award shall be filed with the county clerk on such form as approved by the court. A copy shall be provided to the assigned judge, if any, and court administrator.

Amended effective 08/30/18 (b) [Deleted] Amended effective 9/1/01

LMAR 7.2 [DELETED]

LMAR 7.3 [DELETED]

LMAR 8.1 STIPULATIONS—EFFECT ON RELIEF GRANTED

If a case not otherwise subject to mandatory arbitration is transferred to arbitration by stipulation, the arbitrator may grant any relief which could have been granted if the case were determined by a judge.

LMAR 8.3 [Deleted] Amended Effective 9/1/01

LMAR 8.4 TITLE AND CITATION

These rules are known and cited as the Spokane County Superior Court Mandatory Arbitration Rules. LMAR is the official abbreviation.

LMAR 8.5 COMPENSATION OF ARBITRATOR (a) Generally. Arbitrators shall be compensated in the same amount and manner as judges pro tempore of the superior court. Hearing time and reasonable preparation time are compensable. (b) Form. When the award is filed, the arbitrator shall submit to the court administrator a request for payment on a form prescribed by the court within 60 days of the filing of the award. The court administrator, or their designee, with the approval of the assigned or presiding judge, shall determine the amount of compensation and costs to be paid. Compensation to the arbitrator and cost reimbursement shall be pursuant to standards set and periodically revised by the court. Amended 08/30/18

LMAR 8.6 ADMINISTRATION (a) Generally. The court administrator, under the supervision of the superior court judges, shall supervise arbitration under these rules and perform any additional duties which may be delegated by the judges. (b) Deleted Amended effective 08/30/18 (c) Deleted Amended effective 08/30/18

LCrR 0.2 COURT ORGANIZATION AND MANAGEMENT (Repealed) Amended Effective 1/1/98

LCrR 0.3 COMMITTEES (Repealed) Amended Effective 1/1/98

LCrR 2.1

(d) Amendment. (1) A motion by the State prior to trial, to amend an Information in order to add counts, change the degree of an offense, change the means of commission of an offense, change the date of an offense or add a sentencing enhancement, shall be noted by the State on Form CR- 06.300(a) and served on defendant’s counsel of record, if represented, or on the defendant if unrepresented. A copy of the proposed amended Information shall be filed and served with the motion. Said motions must be filed and served at least 5 days prior to the hearing of the motion. A copy of the motion shall be given to the bailiff for the Chief Criminal Judge at least one working day prior to the hearing. Motions to amend will be heard by the Chief Criminal Judge on Thursday afternoons unless specially set by the Court. It is the duty of the moving party to notify the bailiff for the Chief Criminal Judge by noon of the Tuesday prior to the hearing to confirm the matter will be heard. A motion to amend an Information to correct simple clerical or grammatical errors is not subject to the time limits set forth in this rule. (2) A motion to amend an Information during, or after, the trial has commenced is governed by CrR 2.1(d).

LCrR 2.2 WARRANT OF ARREST AND SUMMONS

(b) Issuance of Summons in Lieu of Warrant. Upon the Prosecuting Attorney’s filing with the clerk an Information without directing or requesting the issuance of a warrant for the arrest of the defendant, the clerk shall issue a summons commanding the defendant to appear before the Court at a specified time and place.

Effective 9/1/01

LCrR 2.3 SEARCH AND SEIZURE (g) Search Warrant Custody and Control. The Superior Court judge authorizing a search warrant will retain custody and control of the affidavit for search warrant and the search warrant until executed or returned unexecuted. (1) After execution, the search warrant shall be filed by number and description of the person or property to be searched. An index will be maintained and available to the public in the clerk's office. (2) The affidavit and accompanying papers including the return of service shall be filed in accordance with the provisions of LCrR 2.3(h). (h) Sealing or Destruction of Records. (1) The destruction or sealing of court records is governed by GR 15. A motion to seal or destroy a record shall be made before a record is filed with the clerk. The motion shall be made to the judicial officer before which the matter is pending, or the Presiding Judge. (2) [Deleted]. (3) [Deleted].

LCrR 3.1 RIGHT TO AND APPOINTMENT OF COUNSEL

(d) Appointment of Counsel. (2) Defendants requesting appointment of counsel may be required to promptly execute an affidavit under oath disclosing their financial circumstances. This affidavit will be filed and will be reviewed by the judge who is determining assignment of court-appointed counsel for a defendant. All appointments by reason of indigence are expressly contingent upon a finding of indigence, as defined in CrR 3.1(d)(1) and full disclosure of assets. All appointments of counsel are subject to review at or before the omnibus hearing as provided in LCrR 4.5. Where assets are discovered or acquired subsequent to appointment which would indicate that a defendant can afford to retain counsel in whole or in part a defendant may be ordered to retain counsel or reimburse the county for the cost of court-appointed counsel. Court-appointed counsel who learn or have reason to believe that their client can afford to retain counsel shall notify the court's bailiff promptly of this fact in order that the court can inquire into the financial status of the defendant. (e) [Deleted] (g) Privately Retained Counsel. A defendant who privately retains counsel is responsible for whatever fee is contracted or its agreed basis arranged between them. In those cases involving privately retained counsel, the only public funds expended for the Superior Court trial shall be those authorized by CrR 3.1(f). Attorneys retained by defendants in criminal cases must serve prompt written notice of their appearance upon the prosecuting attorney and file the same with the clerk. Withdrawal of attorneys is governed by CrR 3.1(e).

LCrR 4.5 OMNIBUS HEARING AND MOTIONS

(d) Criminal Motions. Criminal Motions under CrR 3.5 shall ordinarily be heard by the assigned trial judge. However, CrR 3.5 motions may be specially set prior to trial date by the Chief Criminal Judge upon a showing of good cause. Criminal motions under CrR 3.6 shall be noted with the Chief Criminal Judge, who will either schedule the matter before the Chief Criminal Judge or assign it to another judge. Motions under CrR 3.6 shall be heard at least 14 days before trial and shall be accompanied by all supporting materials required by CrR 3.6. The moving party will file and serve all memoranda, affidavits and certificates no later than the second Tuesday preceding the hearing date. The responding party shall file and serve all responsive memoranda, affidavits and certificates no later than 5:00 p.m. the Monday prior to the hearing date. Any reply memoranda must be served no later than 12:00 p.m. the Wednesday prior to the hearing. The judge who will hear the CrR 3.6 motion will, pursuant to that rule, determine if an evidentiary hearing is required. The time limit prescribed by this rule may be waived by the Chief Criminal Judge upon a showing of newly discovered evidence or a basis for the motion that could not have been developed by an exercise of due diligence. Amended effective 9/1/06 (i) All criminal motions must be filed by using form CR-06.300 (a). Motions must be promptly served on the opposing party, and a copy shall be provided to the bailiff for the Chief Criminal Judge. A working copy of all memoranda, affidavits and certificates must be provided by the parties to the bailiff for the judge hearing the motion at least one working day prior to the hearing.

(ii) All criminal motions, other than those under CrR 3.5, will be heard on Thursday mornings unless specially set by the Court. Amended effective 9/1/06 (iii) It is the duty of the moving party to notify the bailiff for the Chief Criminal Judge by noon of the Tuesday prior to the hearing to confirm the matter will be heard. (iv) Any agreements to continue a hearing which had been confirmed as ready to be heard shall be presented to the Chief Criminal Judge and the judge assigned to hear the motion no later than 12:00 p.m. the Wednesday prior to the hearing. Effective 9/1/06 (e) Restitution Hearings. Restitution hearings shall be scheduled before the Presiding Department on Thursdays at 3:30 p.m., unless specially set by the court. The party noting the hearing shall notify the judicial assistant for the Presiding Department by 12:00 noon of the previous day (Wednesday) to confirm that the matter will be heard. The parties will also advise the court if it is expected that multiple witnesses will be called. The assigned prosecutor will also advise if prisoner transport is required for the hearing. Effective 9/1/03

LCrR 7.1 SENTENCING

The Clerk shall receive all Presentence Investigation (PSI) reports prepared by the Department of Corrections which shall be forwarded by the sentencing judge. The Clerk shall maintain said PSI in confidential status. For purposes of this rule, “confidential” means that the only persons who may have access to the PSI are parties, counsel of record, or such other persons who have received permission of the court upon a showing of good cause.

Effective 9/1/03

LCrR 7.8 PAYMENT OF COSTS AND RESTITUTION THROUGH CLERK Whenever the court orders costs and/or restitution it shall be paid through the clerk of the court by cash, certified check, cashier's check or money order payable to the clerk of the court. The name of the payor and the court case number will be entered on the face of the instrument of payment. Additionally, defendants can use credit or debit cards to pay court costs and/or restitution payments. Amended effective 09/01/07; Amended effective 11/17/16 (a) Deleted Amended effective 11/17/16 (1) Deleted Amended effective 11/17/16 (2) Deleted Amended effective 11/17/16 (3) Deleted Amended effective 11/17/16 (4) Deleted Amended effective 11/17/16 (5) Deleted Amended effective 09/01/07; Amended effective 11/17/16

LJuCR 2.3 NOTICE AND RIGHT TO HEARING

(a) Scheduling and Notice. A shelter care hearing may be set by court order or by scheduling a hearing with the Juvenile Court Coordinator. The party scheduling the hearing shall notify the Juvenile Court Coordinator, Clerk of Court, Attorney General’s Office, CASA Program, Public Defender’s Office, and any other parties and their attorneys. Amended effective 9/1/99

(b) Guardian ad Litem. The court shall address the appointment of a Guardian ad Litem for the child at the initial shelter care hearing. The court shall appoint a Guardian ad Litem for the child or make a determination that good cause exists not to appoint one. This decision may be reviewed at each subsequent hearing including the dependency fact-finding hearing, each dependency review hearing, and prior to entry of a guardianship or termination order. A party may request that a Guardian ad Litem be appointed at any time during the dependency, guardianship or termination proceedings. A copy of the shelter care hearing order shall be provided to the CASA Program. Amended effective 9/1/99

(e) Recommendation. The recommendation required by RCW 13.34.060(7) may be made orally at the time of hearing.

LJuCR 3.1 FILING AND SERVICE OF PROCESS OF DEPENDENCY, GUARDIANSHIP AND TERMINATION PETITIONS

The petitioner shall provide the Clerk of the Court with the original petition along with sufficient copies of the petition for service of process. The party filing a petition shall also file a Request for Service notifying the Clerk of Court what type of service is being requested. The Clerk of Court shall notify the petitioner when personal service packets are completed. The petitioner is responsible for completing personal service and filing a declaration of service. The Clerk is responsible for service by publication and mail and for filing a declaration of service.

Amended effective 9/1/99

LJuCR 3.3 CONTENT OF PETITION

(g) Other Information. A dependency, guardianship, or termination petition shall contain a statement whether either parent is under the age of 18.

Amended effective 9/1/99

LJuCR 3.4 APPOINTMENT OF COUNSEL AND SCHEDULING OF DEPENDENCY FACT- FINDING HEARING

(a) [Deleted] Amended effective 9/1/99 (c) Scheduling of Hearing. Any request for continuance of the fact-finding hearing shall identify the 75th day from the filing of the petition. A motion to continue beyond the 75th day shall be supported by a declaration of exceptional circumstances. The order continuing the hearing beyond 75 days shall identify the exceptional circumstances found by the Court. Amended effective 9/1/99 (e) Appointment of Attorney or Guardian Ad Litem. (1) Minor Parents. Juvenile Court staff shall review all dependency, guardianship and termination petitions to determine whether an attorney and/or guardian ad litem should be appointed for a parent under the age of 18. Juvenile Court staff shall apply to the court for an Order Assigning Lawyer or Guardian Ad Litem for a minor parent. Juvenile Court staff shall forward the dependency, guardianship, or termination petition to the appointed attorney. Amended effective 9/1/99

(2) Attorney for Child. A child over the age of 12 may request the appointment of an attorney by informing the Guardian ad Litem or by written request to Juvenile Court staff. Juvenile Court staff shall apply to the Court for an Order Assigning Lawyer for the child. Effective 9/1/99

(3) Request for Appointed Counsel by Parent/Guardian. A parent or guardian may request appointment of counsel in a dependency, guardianship or termination proceeding by completing a Motion and Declaration for Assignment of Lawyer. Juvenile Court staff will help the parent or guardian complete the requisite documents and will present the motion and Order Assigning Lawyer to the court. If the order is signed, a copy of the order along with the dependency, termination, or guardianship petition shall be delivered immediately to the assigned lawyer by Juvenile Court staff. Copies of the order shall be furnished to all parties. If the motion for counsel is denied, the parent or guardian may request the court to review its decision. The parent or guardian shall contact the Juvenile Court Coordinator to initiate the review process. Amended effective 9/1/99

(f) Private Counsel. If private counsel is retained by any party to the proceedings, such counsel shall immediately file a notice of appearance with the Clerk of Court and provide a copy to Juvenile Court staff, the child's guardian ad litem, if any, the Attorney General's Office, other counsel, and the supervising agency. If the child’s guardian ad litem is a CASA, providing a copy of the notice of appearance to the CASA Program is deemed notice to the guardian ad litem. Amended effective 9/1/99

LJuCR 3.7 [DELETED]

Amended Effective 9/1/99

LJuCR 3.8 [DELETED]

Amended Effective 9/1/99

LJuCR 3.9 REVIEW HEARING

(a) [Deleted] Amended effective 1/1/09 (a) Proposed Order and Supervising Agency Report. The supervising agency shall prepare a proposed order and a written report containing the information required by RCW 13.34.120. The report shall be provided to the court and copies shall be furnished to Juvenile Court staff, the guardian ad litem, if any, and to the parties and their counsel 14 days before the review hearing. Amended effective 1/1/09 (b) First Review and Permanent Planning Review Hearings in Open Court. All first review and permanent planning review hearings will be presented in open court. A party may request that any review hearing be held in open court. Amended effective 1/1/09

LJuCR 3.10 ASSIGNMENT TO COURT COMMISSIONER

Each dependency petition shall be assigned by the Juvenile Court to a Court Commissioner. The assigned commissioner shall hear every contested issue from fact- finding forward unless otherwise ordered by the court. Issues set on the motion calendar, except motions regarding placement or visitation, are not required to be heard by the assigned commissioner. However, a party may request the assigned commissioner to decide the issue and must schedule the motion accordingly.

Effective 9/1/99

LJuCR 3.11 SETTING A CONTESTED HEARING

Prior to setting a contested hearing, a status conference shall be held with a judicial officer assigned to Juvenile Court. The parties shall contact the Juvenile Court Coordinator to schedule a status conference. At the status conference, the parties should be prepared to discuss witness and exhibit lists, contested issues, and estimated trial time. A Status Conference Report shall be completed at the conclusion of the status conference and filed with the Clerk of the Court.

Effective 9/1/99

LJuCR 5.1 PROCEDURE FOR FILING

A party may file a petition by delivering it to the Juvenile Court facilitator designated for proceedings under RCW 13.32A. Upon verifying that a family assessment has been completed or has been requested, but not completed within two working days, the original petition shall be filed with the Clerk by the facilitator. The Court shall provide forms and instructions for the parties interested in filing a petition. The Court shall also provide an informational session to assist parties in preparing a petition. It is recommended that a parent or other unrepresented party attend prior to filing.

Amended effective 9/1/99

LJuCR 5.2 APPOINTMENT OF ATTORNEY

The Public Defender shall be deemed appointed to represent the minor child unless an order is entered or notice of appearance is filed providing for alternative counsel in a specific case. The appointed attorney shall be provided the minor child’s address and telephone number, together with the name and telephone number of the assigned social worker at least one court day prior to the initial hearing.

Amended effective 9/1/99

LJuCR 5.3 SCHEDULING OF FACT-FINDING HEARING

The facilitator shall assign a hearing date and time for each properly filed petition. Amended effective 9/1/99 (a) [Deleted] Amended effective 9/1/99 (b) [Deleted] Amended effective 9/1/99 (c) [Deleted] Amended effective 9/1/99

LJuCR 5.4 NOTICE OF FACT-FINDING HEARING

The facilitator shall provide a copy of the petition and notice of hearing to: (a) Petitioner, (b) Respondent, (c) Department of Social and Health Services, Family Reconciliation Services, (d) Public Defender or other assigned counsel, and (e) Probation Officer assigned for RCW 13.13A proceedings. The facilitator may notify the respondent by mail. However, in a CHINS proceeding the petitioner shall also arrange service on the respondent pursuant to RCW 13.32A.152.

Amended effective 9/1/99

LJuCR 5.5 DETENTION HEARING

A child taken into custody for violating a placement order under RCW 13.32A or pursuant to a pick-up order under this chapter shall be entitled to a detention hearing within twenty-four hours, excluding Saturdays, Sundays and holidays. Detention hearings shall be held at 9:00 a.m. or 1:30 p.m. The detention staff shall immediately inform the facilitator when a child is admitted under this chapter. The facilitator shall notify all interested parties of the detention hearing, including any assigned probation officer.

Amended effective 9/1/99

LJuCR 5.6 DISPOSITION HEARING

(a) [Deleted] Amended effective 9/1/99 (b) [Deleted] Amended effective 9/1/99 (d) [Deleted] Amended effective 9/1/99 (e) [Deleted] Amended effective 9/1/99 The disposition hearing may be held at the conclusion of the fact-finding hearing or may be scheduled within fourteen days. A petitioning parent in an ARY case shall attach to the petition an outline of the requested disposition. In a CHINS case, the DSHS assessment shall set forth the dispositional services and out-of-home placement options that may be available. If a respondent requests that the disposition hearing be deferred to a later date, the Court will give due consideration to whether they have received notice of the dispositional alternatives as set forth herein. If the disposition hearing is not held at the time of fact-finding, the facilitator shall notify any interested party listed above of the hearing date and time unless they signed the order setting the disposition hearing.

Amended effective 9/1/99

LJuCR 5.7 REVIEW HEARING

The facilitator shall notify each interested party listed above and the assigned probation officer, if any, of the review hearing date and time set by the Court unless the party signed the order setting the hearing. Amended effective 9/1/99 (a) [Deleted] Amended effective 9/1/99 (b) [Deleted] Amended effective 9/1/99

LJuCR 6.4 [DELETED]

LJuCR 6.6 TERMINATION OF DIVERSION AGREEMENT

(Deleted)

[Amended Effective September 1, 2016.]

LJuCR 7.1 INVOKING JUVENILE COURT JURISDICTION (Deleted)

Amended Effective September 1, 2016.]

LJuCR 7.3 [DELETED]

LJuCR 7.4 DETENTION HEARING (a) Scheduling of Hearing. For all juveniles taken into custody and held in detention, the court shall make every reasonable effort to conduct a hearing on the issue of detention the next judicial day. The prosecutor shall schedule all detention hearings on the daily offender calendar at a time specified by the court.

Amended effective 01/04/19

(b) Procedure at Hearing. The detention hearing shall be held in accordance with JuCR 7.3 and 7.4.

(c) Determination that Detention Is or Is Not Necessary. The determination as to detention will be made in accordance with JuCR 7.4.

LJuCR 7.5 SUMMONS

(a) Generally. When a case is initiated by filing an Information and Summons then at the time of filing an Information, the Prosecuting Attorney's office shall execute an address check and also provide sufficient copies of the summons to the Clerk so that there is a copy for the Clerks office and a copy to mail to each address. The Clerk shall sign and endorse each summons with a seal and retain one copy of the Information and Summons for the Court file and provide the signed and endorsed summons back to the Office of the Prosecuting Attorney.

Amended effective 9/1/99; Amended 4/1/16.

(1) The Office of the Prosecuting Attorney shall mail a copy of the Summons and Information to each address with an arraignment informational letter following the same format as adult filings. (2) The Office of the Prosecuting Attorney shall complete a Certificate of Mailing and file that document with the Clerk with a copy of the Information, Summons, and informational letter. Amended effective 9/1/99; Amended 4/1/16

LJuCR 7.6 ARRAIGNMENT AND PLEAS (Deleted)

[Amended Effective September 1, 2016.]

LJuCR 7.7 STATEMENT OF JUVENILE ON PLEA OF GUILTY (Deleted)

[Amended Effective September 1, 2016].

LJuCR 7.12 DISPOSITION HEARING (Deleted)

[Amended Effective September 1, 2016.]

LJuCR 7.14 MODIFICATION OF DISPOSITION ORDER (Deleted)

[Amended Effective September 1, 2016.]

LJuCR 8.1 TIME FOR DECLINE HEARING (Deleted)

[Amended Effective September 1, 2016.]

LJuCR 8.2 PROCEDURE AT DECLINE HEARING (Deleted)

[Amended Effective September 1, 2016.]

LJuCR 9.1 MANDATORY APPOINTMENT OF LAWYER (Deleted)

[Amended Effective September 1, 2016.]

LJUCR 9.2 [DELETED]

LJuCR 9.3 RIGHT TO APPOINTMENT OF EXPERTS

(a) Appointment. An order authorizing counsel to obtain the services of an expert will not authorize payment for those services but shall define the services to be provided. If services are authorized, counsel shall advise the service provider of the provisions of this rule and the approved rates as set by the court.

(b) Compensation. Compensation in excess of an hourly rate or total amount as determined reasonable from time to time by the superior court will not be approved without a prior report and special authorization by the court. Claims submitted within the approved hourly rates and total amounts may be approved by the supervisor in accordance with the budget.

LJuCR 11.2 JUVENILE COURT SOCIAL FILE (Deleted) [Amended Effective September 1, 2016.]

LJuCR 11.3 CALENDARING OF MATTERS (Deleted)

[Amended Effective September 1, 2016.]

LJuCR 11.4 CONTINUANCES

Agreed motions for continuance may be presented at weekly pre-trial hearings or by agreed order. Contested motions for continuance shall normally be considered at a motion hearing as scheduled by the court, unless justified by exigent circumstances.

[Amended effective 9/1/99; Amended Effective 4/1/16; Amended Effective September 1, 2016.]

LJuCR 11.5 CALENDAR INQUIRIES

Inquiries regarding the calendaring of cases shall be directed to the Juvenile Court Coordinator. All calendaring of matters will be done by the Clerk of Court or Juvenile Court Coordinator only upon order of the court or pursuant to these local rules.

Amended effective 9/1/99

LJuCR 11.6 WEEKLY CALENDAR CALL (Deleted)

Amended Effective 4/1/16; September 1, 2016.]

LJuCR 11.7 MEDICAL CONSENT AUTHORIZATIONS

(a) Request for Medical Treatment. Requests for authorization of medical treatment should be submitted in writing to the court stating the treatment required, the reason for the treatment and the necessity for the authorization. Such requests may be heard on the motion calendar or at such other time approved by the Juvenile Court Coordinator or ordered by the court. Amended effective 9/1/99 (b) [Deleted]

Amended effective 9/1/99

LJuCR 11.8 JUVENILE COURT COMMITTEE (Deleted)

[Amended Effective September 1, 2016.]

LJuCR 11.9 PAYMENT OF RESTITUTION THROUGH CLERK

Whenever the court orders restitution it shall be paid through the clerk of the court by cash, certified check, cashier's check or money order payable to the clerk of the court. The name of the payor and the court case number will be entered on the face of the instrument of payment. Payment of Monetary Obligation: In all juvenile cases, except where the court order is to the contrary, the clerk of the court shall disburse monies received in the following order: (a) Restitution.

(b) Penalty Assessment.

LJuCR 12.1 LEGAL REPRESENTATION

(a) A child may appear in a truancy proceeding without the appointment of a guardian ad litem. The Court may appoint a guardian ad litem if the facts of a specific case indicate that justice would be served thereby. Effective 9/1/99 (b) An attorney shall be appointed by the Court to represent a child when a school district requests a hearing alleging that the child is in contempt of a truancy order.

Effective 9/1/99

LJuCR 12.2 NOTICE

(a) Fact-Finding Hearings. The Court shall, upon the filing of a truancy petition, set the date for a fact- finding hearing unless it enters a stay of proceedings. The Petitioner may serve a copy of the notice of hearing, petition for truancy and supporting declaration separately to the child and parent(s) or legal guardian(s) at their last known address by certified mail return receipt requested. If certified mail is unsuccessful or receipt is not signed by addressee, personal service shall be required. The notice shall advise the parties of their rights and options under RCW 13.32 and the right to present evidence at the hearing. The Clerk shall also notify the school district of the date and time of hearing. If the school district obtains an order continuing the hearing, the district shall provide notice, by mail to any party that has not approved the order. It shall file proof of mailing with the Court. Effective 9/1/99 (b) Contempt Proceedings. The school district shall personally serve a party alleged to be in contempt of a truancy order at least five court days, not including the day of service, before the hearing. The documents to be served will include the motion, declaration, and order to show cause. The child shall also be served with the notice of appointment of counsel. If the party alleged to be in contempt of an order compelling attendance was not present at the fact-finding hearing, the district shall provide evidence that the party had notice of the terms of the order. This evidence may be in the form of a declaration, under oath, that the party has been served with the order, either personally or by a form of mail requiring a return receipt. Effective 9/1/99

LRALJ 2.4 [DELETED]

LRALJ 3.1 ASSIGNMENT Appeals from a court of limited jurisdiction will be assigned to an individual judge when a Notice of Appeal is received by the Clerk of Court. The Court Administrator will prepare and mail a notice of case assignment to the lawyer for each party or party appearing pro se. The assigned court will set and mail briefing deadlines or meet with counsel and set briefing deadlines consistent with RALJ 7.2, and a date for oral argument. Extensions and continuances are governed by RALJ 10.3. Amended effective 11/16/17

LRALJ 4.1 AUTHORITY OF COURT PENDING APPEAL (a) Superior Court. After a notice of appeal has been filed the Assigned Court Department will schedule the following dates from the date of filing: (1) 45 Days. For the receipt of appellant's brief and a transcript of the record [See RALJ 6.3 and 7.2(a)]. The person preparing the transcript shall comply with GR 35 and be listed on the transcriptionist list approved by the court. If the appellant has not filed a brief and transcript the clerk will move to dismiss the appeal for lack of prosecution in accordance with LRALJ 10.2(a). (2) 75 Days. For the receipt of the respondent's brief [See RALJ 7.2(b)]. On the 76th day from the date of filing a Notice of Appeal the clerk will prepare and transmit a notice to the Court Administrator. The Court Administrator will mail a Note for Appeal Assignment (form JRA-08.0100-1/81) to the lawyer for each party or any party appearing pro se assigning said case to an individual judge.

Amended effective 11/16/17

LRALJ 4.3 STAY OF ENFORCEMENT OF JUDGMENT

(a) Civil Case. If the appellant seeks to stay enforcement of the district or municipal court judgment from which an appeal has been taken it shall be upon motion noted for hearing as an issue of law (form CI–06.0300–6/98) pursuant to LCR 40(b)(10). If an order staying enforcement is made a conformed, certified copy of the order must be filed by the appellant with the district or municipal court from which the appeal has been taken. Amended Effective 1/1/99

(b) Criminal Case. If the appellant has been granted an order staying enforcement of a sentence in a criminal case by the court of limited jurisdiction in accordance with RALJ 4.3(b) a conformed, certified copy shall be filed with the clerk of the superior court.

LRALJ 9.1 BASIS FOR DECISION ON APPEAL

(a) Form of Decision. The decision of the superior court may be rendered orally, with a court reporter present, or recorded by electronic means. In either case the verbatim record or the electronic recording shall be transcribed and filed with the clerk of the superior court.

LRALJ 9.2 ENTRY OF DECISION

(a) The clerk of the superior court shall transmit within 30 days one copy of the transcribed decision to the clerk of the court of limited jurisdiction from which the appeal was taken, one copy to the district court or municipal court judge whose decision was appealed and one copy to each party or the attorney for each party in accordance with RALJ 9.2(b).

LRALJ 10.2 DISMISSAL OF APPEAL

(a) Involuntary Dismissal/Continuances. In the event that the provisions of RALJ 7.2(a) have not been met and if a motion to dismiss has not been filed by a party, the clerk of the superior court, pursuant to LRAJ 4.1(a)(1), will prepare and mail a Notice of Dismissal For Want of Prosecution (form JRA 10.0100-6/81) to the parties or their lawyers that the appeal will be dismissed for want of prosecution unless within 14 days good cause is shown why the case should be continued as a pending appeal. If a motion for continuance supported by good cause is not filed and noted for hearing within that time, the clerk will present a Motion and Order Dismissing Appeal to District/Municipal Court (form JRA 10.0200-4/81) to the judge to whom the appeal has been assigned or, if unassigned, to the presiding judge for signature. Hearings on motions for continuance will be noted on the motion docket for the assigned judge per LCR 40(b)(10), or if the appeal is unassigned, before the presiding judge. In the event that there has been no action of record for 90 days, the clerk may present a motion and order dismissing the appeal forthwith. Amended Effective 9/1/99 (b) In event that the appellant has not filed a designation of record per RALJ 6.2(a) the superior court clerk shall send out a notice of closure to the parties or their attorneys that the appeal has been deemed abandoned and the superior court file is closed. Such closing of the file shall only be vacated upon an order of the superior court showing good cause.

LRALJ 11.5 [DELETED]

LRALJ 11.8 [DELETED]

LWP 1.1 APPLICATION FOR WRIT

(a) Filing. Any party seeking an extraordinary writ pursuant to Chapter 7.16 RCW concerning the action of a district or municipal court shall file an application or petition and schedule a show cause hearing before the presiding judge no later than 14 days after the filing to determine whether the requested writ shall be granted. The order setting a show cause hearing may stay further proceedings in the lower court if proceedings are scheduled there prior to the show cause hearing. (b) Scheduling. If the presiding judge, or other superior court judge to whom the matter may be assigned, grants an order issuing an extraordinary writ to review a decision of a district or municipal court, the court will also enter a hearing schedule which shall state the due dates for the briefs of the parties, the filing of the written transcript, and the date on which the parties will return to court for assignment and argument. No continuance or extension shall be entered which does not also reset the hearing schedule. The time frame for scheduling shall be consistent with that of LRALJ 4.1(a) unless circumstances dictate that less time be allowed. (c) [Deleted]

Amended effective 1/1/01

LWP 1.2 DISMISSAL

The clerk of the superior court may, pursuant to the procedures established by LRALJ 10.2(a), seek dismissal of any writ action involving a district or municipal court wherein more than 90 days have passed since the last action of record.

SPOKANE COUNTY CLERK INDEXING SHEET The contents of this item are only available on-line. CIVIL CASE SCHEDULE ORDER (ORSCS) The contents of this item are only available on-line.

DOMESTIC CASE SCHEDULE ORDER (ORSCS) The contents of this item are only available on-line.

PATERNITY CASE SCHEDULE ORDER The contents of this item are only available on-line.

CIVIL JOINT CASE STATUS REPORT The contents of this item are only available on-line.

DOMESTIC JOINT CASE STATUS REPORT The contents of this item are only available on-line.

CASE ASSIGNMENT NOTICE AND ORDER (NTAS) The contents of this item are only available on-line.

DOMESTIC CASE ASSIGNMENT NOTICE AND ORDER (NTAS) The contents of this item are only available on-line.

Walla Walla Superior Court Local Court Rules

Table of Rules Walla Walla Local Administrative Rules (WWLAR) WWLAR 1 - Local Administrative Rule

Walla Walla County Superior Court Local Rules (WWCSCLR)

WWCSCLR 4 Civil Case Schedule [Reserved] WWCSCLR 5 Briefs WWCSCLR 7 Pleadings Allowed; Form of Motions WWCSCLR 16 Pre-Trial Procedure WWCSCLR 40 Assignment of Cases For Trial WWCSCLR 42 Consolidation; Separate Trials WWCSCLR 43 Video Conference Procedures WWCSCLR 48 Juries of Less Than Twelve WWCSCLR 51 Instructions to Jury and Deliberation WWCSCLR 52 Presentation of Findings/Conclusions, Judgments and Orders WWCSCLR 53.2 Court Commissioners WWCSCLR 56 Summary Judgment WWCSCLR 58 Entry of Judgment WWCSCLR 59 New Trial, Reconsideration, and Amendment of Judgments WWCSCLR 77 Superior Courts and Judicial Officers WWCSCLR 79 Books and Records Kept by the Clerk WWCSCLR 81 Applicability in General Walla Walla Local Domestic Relations Rules (WWLDRR) WWLDRR 99.04W

Walla Walla Local Juvenile Court Rules (WWLJuCR) WWLJuCR 1.1 Scope, Purpose, Effective Date, Amendments WWLJuCR 1.6 Juvenile Court Administrator Duties and Authority

Walla Walla Local Guardian Ad Litem Rules (WWLGALR) WWLGALR 1 Scope/Purpose WWLGALR 2 Policy WWLGALR 3 Guardianship Registry WWLGALR 4 Family Law Registry WWLGALR 5 Appointment of Guardian Ad Litem from Registry WWLGALR 6 Retention of Registries WWLGALR 7 Procedure to Address Administrative Complaints WWLGALR 8 Grievance Procedure WWLGALR 9 Payment of Guardians Ad Litem

Local Administrative Rule 1

A. Departments. Walla Walla County Superior Court consists of two departments designated as Department I (Judicial Position 1) and Department II (Judicial Position 2). There is also a part-time Court Commissioner.

B. Presiding Judge: Election, Term, Responsibilities. 1. Election. The Presiding Judge shall be elected by vote of the judges. The judge not designated as Presiding Judge shall be Assistant Presiding Judge, who shall serve as Acting Presiding Judge during the absence of or upon the request of the Presiding Judge. 2. Term. The term of the Presiding Judge shall be two years, subject to reelection. The term shall commence on January 1 of the year in which the Presiding Judge's term begins. 3. Responsibilities. The Presiding Judge shall be responsible for the general management and administration of the court's business, and these duties shall include those set forth in GR 29. The Presiding Judge shall preside over all official ceremonial functions of the court, including memorials for bench and bar members and shall be responsible to swear in new attorneys and public officials.

General correspondence directed to the court shall be referred to the Presiding Judge who may respond or direct it to the appropriate judge for response. C. Court Administrator. Each department of Superior Court shall have a court reporter who shall also serve as the court administrator for that department. The Director of Court Services shall serve as court administrator for the juvenile department. Each administrator serves under the direction and supervision of the judge of that department. D. Juvenile Department. Each department of Superior Court shall sit as a Juvenile Court Division of the Superior Court and hear all matters arising under Title 13 RCW and Chapters 26.34 and 26.44 RCW. Each department will alternate weekly hearing the juvenile court docket, as set forth in WWCSCLR 7. E. Family Court. There shall be a Department of the Superior Court under the jurisdiction conferred by Chapter 26.12 RCW, known as the "Family Court." Both judges shall sit as Family Court judges.

The Superior Court judges grant to the Family Court the power, authority, and jurisdiction, concurrent with the Juvenile Court, to hear and decide cases under Title 13 RCW. The Superior Court judges may also appoint an attorney to act as a Family Court Commissioner, and any other commissioner or pro tem authorized by law. The Family Court Commissioner's duties and powers as are set forth in RCW 26.12.060 and such other statutes as are applicable, subject to final approval and under the direction of the superior court judges.

[Adopted January 1, 1999; amended effective September 1, 2016]

Local Rule 4 CIVIL CASE SCHEDULE [Reserved]

Local Rule 5 BRIEFS A. Filing. All briefs, declarations, affidavits, and other supporting written documentation pertaining to trials, summary judgment motions, lower court appeals and appeals from decisions of administrative agencies (except the record transferred by the agency) and any other motions and documents submitted for hearings, such as pre-trial position statements in domestic cases, proposed findings of fact and conclusions of law and judgments, motions and sentencing position statements in criminal matters, and guardian ad litem reports, shall be served and filed in the cause. B. Bench Copies. All bench copies must be submitted not later than 9:00 AM one court day prior to the scheduled hearing, proceeding or trial. No bench copies, except settlement position statements, shall be submitted to the court unless prior thereto or simultaneously therewith a copy thereof has been served upon or mailed to opposing counsel. All paper bench copies may be destroyed one (1) week after the original date noted for hearing unless counsel requests copies are returned, with return postage arranged, or unless the court is advised of a new hearing date. When hearings are continued, the parties shall amend the hearing date associated with all bench copies.

[Adopted effective September 1, 2016]

Local Rule 7 PLEADINGS ALLOWED; FORM OF MOTIONS A. Regular Docket Schedule. 1. Law and Motion Days. Monday of each week shall be Law and Motion Day for the disposition of issues of law regularly noted and docketed for hearing and for the setting of trial dates for all cases properly noted as hereinafter set forth. The Law and Motion Dockets shall alternate between departments. The court will conduct the Monday docket according to the following schedule: 9:30 AM - Civil and Domestic Relations: Assignments for trial; civil motions and entry of orders; domestic relations motions and entry of orders. 1:30 PM - Adult Criminal Docket: Assignments for trial; sentencings; motions and entry of orders; review hearings; hearings on orders to show cause; non-contested probation violation hearings. 3:00 PM - Adult Criminal Docket: Adult arraignments; changes of pleas; first appearances by summons. 2. Therapeutic Court and Truancy Dockets. On the Wednesday of the week in which Department I hears the Monday Law and Motion Docket, Department II shall hear the Therapeutic Court Docket beginning at 9:00 AM. On the Wednesday of the week in which Department II hears the Monday Law and Motion Docket, Department I shall hear the Truancy Docket at 8:30 AM. These dockets may rotate on an annual basis between the departments at the direction of the judges. 3. Juvenile, Paternity, and Domestic Relations Dockets. On the Friday of the week in which one department hears the Monday Law and Motion Docket, the other department shall hear the Juvenile, Paternity and Domestic Relations Dockets. The court will conduct the Friday docket according to the following schedule: 9:00 AM - Juvenile Drug Court 9:30 AM - Juvenile Court Docket: First appearances by summons; arraignments; changes of pleas; dispositions; probation violations, motions; trial assignments. 11:00 AM - Paternity Docket: Every week in which Department I has the Monday Law and Motion Docket, the Court Commissioner shall hear all paternity matters so noted. 1:30 PM - Domestic Docket: the Court Commissioner shall hear non-contested dissolutions; domestic violence protection orders. 4. Criminal First Appearances and Related Hearings. The department holding Law and Motion Day on Monday shall, at 8:45 AM, Monday through Friday, that same week conduct all criminal first appearances on probable cause for adult and juvenile defendants in custody, pretrial release (own recognizance or bail) hearings, warrant arrests, and extradition hearings. 5. Ex Parte Matters. From 1:00 PM to 1:30 PM daily, the judge of the department that heard the Monday Docket will that week be available in the Clerk's Office to sign criminal, civil and probate ex parte orders, including, but not limited to agreed orders, orders on hearings where notice of presentment is waived. 6. Domestic Violence Temporary Protection Orders. From 1:00 PM to 1:30 PM daily, the Court Commissioner will be available in the Clerk's Office to sign domestic violence temporary protection orders. 7. Omnibus Hearings. Each department shall schedule omnibus applications in criminal cases as appropriate to its own calendar. B. Law and Motion Practice.

1. Notice Requirement. All written motions, other than one which may be heard ex parte, and notices of the hearing thereof and notices of trial settings shall be served not later than five (5) business days before the time specified for the hearing, unless a different period is fixed by the civil rules for Superior Court or by order of the court or by state statute. Normally, this means that a matter to be placed on the regular Monday Law and Motion Docket must be served on opposing counsel no later than the close of business two Fridays before. An order to show cause may be entered on ex parte application if good cause is shown, and set for hearing on the appropriate docket, subject to the same time constraint. 2. Supporting Documents. All motions shall be supported by affidavit, and the affidavit shall be served with the motion. Except as otherwise provided in CR 59(c), opposing affidavits or declarations shall be served by the Wednesday before the Monday hearing, and any reply should be filed the Friday before the Monday hearing, unless the court permits them to be served at some other time. (See CR 6(d)). Bench copies should be provided to the court as well. 3. Special Settings. Matters requiring a special setting for hearing may be noted on the appropriate docket before the proper department (e.g., contested probate hearings, lengthy probation violations and criminal pretrial hearings). A hearing time will be set in the same manner as trial assignments. 4. Docket Procedure. The matters on the law and motion docket will be called in the order set by the clerk, provided case settings and all other matters requiring less than 10 minutes shall be heard first. The moving party, if no one appears in opposition, may take the order moved for unless the court shall deem it manifestly unauthorized; or the adverse party, if no one appears on the motion, may take an order denying the same; or the court may grant the same, if deemed well taken. If no attorney or party appears to argue for or against the motion, and neither party requests a continuance, the motion shall be stricken by the court. Any motion may also be continued by the court for hearing at another specified time, and the court may alter the order of hearings as may be necessary to expedite the business of the court. Matters not ready for hearing in the order above specified will go to the bottom of the docket. Matters not ready for hearing when all other regularly noted matters have been called shall not be heard on that day except by consent of the court. Matters not regularly noted on the motion docket will not be heard except by the consent of all parties and the court, and then shall be heard only after all other matters regularly noted have been heard. 5. Law and Motion calendar. The Clerk shall prepare a Law and Motion calendar on Thursday of each week and shall enter on such calendar the notation of hearing, the number and title of the case, the names of the attorneys appearing for the respective parties and the nature of the application. 6. Time for Filing Notice of Argument. Notices for Monday's Law and Motion dockets shall be filed in the Clerk's Office at the same time as the motion. Notices for Friday's domestic relations and juvenile dockets shall be filed in the Clerk's Office no later than 4:00 PM the preceding Monday. Matters not noted for hearing as set forth above will not be heard without consent of the parties and the court. 7. Docket Posting. A copy of the calendar shall be available in the Clerk's Office on Friday of each week preceding the next Law and Motion Day (Monday), and copies of the calendar shall be available on the counsel tables on the docket day. It shall also be posted on the County Clerk's website. 8. Clerk's Docket/Notices. The Clerk shall keep a daily docket for the court of all matters for which a time of hearing had been fixed by the court. The Clerk will furnish to counsel of record a notice advising counsel of the date and time a case is set for trial. 9. Effect of Holiday. If any docket falls on a legal holiday, matters noted will be heard on the preceding or succeeding judicial day, as appropriate. 10. Motions to Shorten Time. All motions to shorten time must be in writing and supported by declaration or affidavit that (a) states exigent circumstances or other compelling reasons why the matter must be heard on shortened time and (b) demonstrates due diligence in the manner and method by which notice, or attempted notice, was provided to all other parties regarding the presentation of the motion to shorten time. If the moving party, after showing due diligence, has been unable to notify all parties of the motion to shorten time, it is within the judicial officer's discretion to proceed with the motion to shorten time. The judicial officer shall indicate on the order shortening time the minimum amount of notice to be provided the responding party, which, barring extraordinary circumstances as set forth in the declaration or affidavit supporting the motion, shall not be less than 48 hours. The court file must be presented along with the motion to shorten time, declaration or affidavit, and the proposed order to the judicial officer considering the request.

[Adopted January 1, 1999; amended effective September 1, 2016]

Local Rule 16 PRE-TRIAL PROCEDURE A. Settlement Conferences. In any case the judge of the department in which the case is to be tried may request the judge of the other department to schedule a settlement conference. If the request is granted, it is mandatory that the parties participate in good faith according to the following procedures. 1. Preparation for Conference. a. Each party shall prepare a position statement and shall deliver it at least 24 hours in advance to the Department hearing the settlement conference. Position statements shall not be filed in the court file. No party shall be required to provide a copy of the position statement to any other party. The position statement shall include the following: (i) A brief non-argumentative summary of the case. (ii) A statement of whether liability is admitted, and if not, the plaintiff's theory or theories of liability and the defendant's theory or theories on non-liability. (iii) A list of the relief requested, including all items of special damages claimed by the plaintiff and a statement of whether any or all of those are admitted by the defendant. (iv) An explanation of the general damages, including a summary of the nature and extent of any claimed disability or impairment. (v) A statement of what settlement offers have been made thus far, if any. (vi) The position statement is to be a summary only. It is not to include a copy of any exhibits, medical reports, expert witness reports, etc. Generally the length of the summary will be 1 - 5 pages. The summary should take the form of a letter that begins with a reference to the name of the case and the cause number. It should not be in the form of a pleading. 2. Parties to Be Available. a. The parties and counsel shall attend the settlement conference except on prior order of the Court upon good cause shown. b. Parties whose defense is provided by a liability insurance company need not personally attend the settlement conference, but a representative of the insurer of said parties shall be available by telephone or in person with sufficient authority to bind the insurer to a settlement. Guardians ad Litem should be available by telephone or appear in person. 3. Private Mediation. Regardless of whether mediation is court-ordered, parties may seek an order allowing them to opt out of the settlement conference by submitting a stipulation and order to the court. The request must include a letter from a mediator and signed on behalf of all parties that the case has been mediated or that mediation has been scheduled to occur on or before the date of the settlement conference. 4. Failure to Attend. a. Sanctions. Failure to comply with the provisions of paragraphs 1 and 2 above may result in the imposition of terms and sanctions as the court may deem appropriate. b. Default. Failure to appear at the settlement conference, without prior approval of the court, may constitute an act of default. Any party appearing at the settlement conference may move for default pursuant to CR 55. Costs and terms may be assessed at the discretion of the court. 5. Proceedings Privileged. Proceedings of said settlement conference shall in all respects be privileged and not reported or recorded. No party shall be bound unless a settlement is reached. When a settlement has been reached, the judge may in his/her discretion order the settlement agreement in whole, or, in case of a partial agreement, then the terms thereof, to be reported or recorded.

6. Continuances. Continuances of settlement conferences may be authorized only by the Court on timely application. 7. Pretrial Power of Court. If the case is not settled at a settlement conference, the judge may nevertheless make such orders as are appropriate in a pretrial conference under CR 16. 8. Judge disqualified for trial. A judge presiding over a settlement conference shall be disqualified from acting as the trial judge in that matter, as well as any subsequent summary judgment motions, unless all parties agree otherwise in writing. 9. Pretrial Conference. In all cases the Court will schedule a Pretrial Conference, which shall be attended by the lead trial attorney of each party who is represented by an attorney and by each party who is not represented by an attorney. The parties should be prepared to discuss and/or present: a. The nature of the case; b. Issues that are in dispute and those that are not in dispute; c. Index of exhibits (excluding rebuttal or impeachment exhibits); d. Each party's requested jury instructions; e. List of names of all lay and expert witnesses, excluding rebuttal witnesses; f. Suggestions by either party for shortening the trial.

[Adopted effective September 1, 2016]

Local Rule 40 ASSIGNMENT OF CASES FOR TRIAL

A. Note for Trial Settings. Any party desiring to bring any issue of fact to trial shall file with the Clerk a notice for trial setting which shall contain: 1. The title of the court; 2. The Clerk's file number; 3. A brief title of the case; 4. The names of the attorneys representing each party; 5. The nature of the case; 6. An estimate of the time that will be required for hearing said case; 7. Whether the case is to be tried by the court or jury; 8. Dates on which counsel is unavailable; 9. A statement that the issue of fact has actually been joined and that no affirmative pleading remains unanswered and all pleadings are on file; 10. That the parties have completed all necessary discovery, or that they will have an opportunity to complete all necessary discovery prior to the date the case is set for trial; 11. That the case is in all respects at issue and ready for trial. B. Notice to Opposing Party. The notice for trial setting must show that service was made on all counsel representing the other party or parties to the said action. C. Resettings. Cases which have been set for trial and then stricken or continued for any reason will not automatically be reset. The stricken or continued cases must be noted for resetting as provided above, unless at the time of striking or continuing the case the court sets a later trial date with the approval of all parties to the case. D. Assignment of Judge. At this time in Walla Walla County, cases are not preassigned to a judge upon filing. However, after a judge has made one or more discretionary rulings in a case, all subsequent matters should be placed in that department, and the case noted for trial in that department. If no discretionary rulings have been made in a case, trial will be set in the department on whose docket the matter has been placed for Trial Setting, and the matter will be deemed assigned to that judge.

[Adopted January 1, 1999; amended effective September 1, 2016]

Local Rule 42 CONSOLIDATION; SEPARATE TRIALS A. Documents in Consolidated Cases. When two or more cases are consolidated for trial only, all documents shall be submitted with an original for each file so consolidated. Consolidated cases shall be presumed to be consolidated for trial only, unless otherwise indicated.

[Adopted effective September 1, 2016]

Local Rule 43 VIDEO CONFERENCE PROCEDURES A. Hearings in Adult and Juvenile Criminal Cases. In both adult and juvenile criminal cases the following hearings may be conducted by video conference in which all participants can simultaneously see, hear and speak with each other: first or preliminary appearances, arraignments, bail or release hearings, trial settings and other pretrial hearings, extradition rights/waiver hearings. Other criminal proceedings including the entry of a guilty plea may be conducted by video conference only by agreement of the parties, either in writing or on the record. B. Hearings to be Public. All video conferences are public, and the public must be able to see all participants and be able to speak when permitted by the judge. Any party may request an in person hearing, which may be granted in the trial judge's discretion. C. Attorney and Interpreter Placement. In criminal cases where the defendant's attorney is not in the same room as the defendant, video conference facilities must provide for confidential communication between attorney and client. In interpreted proceedings, the interpreter should be located next to the defendant, and the proceeding must be conducted in a manner to assure that the interpreter can hear all participants. D. Civil Cases. In civil cases, for good cause in compelling circumstances, or with the agreement of the parties, in the discretion of the trial judge a party may be permitted to introduce the testimony of a witness at trial or other evidentiary hearing by telephonic, video, or other means as provided by law. See CR 43(a)(1). All such testimony shall be conducted in public, meaning that the public must be able to hear or see all participants to the same extent as the court and parties, and be able to speak when permitted by the judge.

[Adopted November 15, 2016]

Local Rule 48 JURIES OF LESS THAN TWELVE

A. Stipulation: Procedure. The parties may stipulate that the jury shall consist of any number of persons less than twelve but not less than three. Counsel shall call the stipulation to the attention of the Judge when the case is called for trial. The stipulation, if in writing, shall be filed in the cause; if oral, it shall be noted by the clerk in the minutes of the trial. B. Challenges Not Affected. The stipulation shall not affect the number of challenges, nor the manner of making them, unless the parties expressly agree otherwise. (See RCW 4.44.120, et seq.)

[Adopted effective September 1, 2016]

Local Rule 51 INSTRUCTIONS TO JURY AND DELIBERATION A. Proposed Instructions. 1. Instructions Required of Plaintiff. Plaintiff's counsel shall prepare and present to the court a cover instruction containing the title and file number of proceedings, the name of the attorney for each party properly designated, and appropriate blank space where the name of the judge hearing the case can be inserted, and entitled "Instructions of the Court." 2. Instructions in the Alternative. Instructions, the form of which is dependent upon rulings of the court, may be submitted in the alternative and counsel shall have the right to withdraw those instructions made unnecessary or inappropriate by reason of said rulings at any time prior to the submission of the court's instructions to the jury. B. Submission of Instructions. 1. Distribution. Sets of proposed instructions shall be prepared and distributed as follows: a. Original, which shall be assembled and numbered and contain citations, shall be filed with the clerk; b. One copy, which shall be assembled, numbered and contain citations, shall be provided to counsel for each other party; c. One copy, which shall be assembled and numbered, shall be retained by the counsel preparing them; d. One copy, which shall be assembled, numbered and contain citations, shall be provided to the trial judge; e. One copy, without numbers or citations, shall be provided to the trial judge. f. Citations, as required by the rule, shall include applicable WPI or WPIC numbers and shall appear on the bottom of the proposed instructions. Whenever a Washington Pattern Instruction (WPI or WPIC) is modified by the addition of, the deletion of, or the modification of certain language, the party proposing the instruction must cite the instruction as follows: "WPI or WPIC Modified." 2. Time for Serving Instructions. Unless requested earlier by the trial judge, all instructions shall be submitted at pretrial but in no event later than the beginning of the first day of trial with the prior approval of the court. C. Verdict Forms. Each verdict form shall be headed with title and cause number of the proceeding. This shall also apply to special interrogatories. A date line shall be included on the same line as the signature for the presiding juror. D. Civil and Criminal. This rule applies to instructions for both civil and criminal cases. E. Duties Relating to Return of Verdict. Attorneys awaiting a verdict shall keep the clerk advised of where they may be reached by phone. Attorneys desiring to be present for the verdict shall be at the courthouse within fifteen (15) minutes of the time they are called. In a criminal case, at least one attorney for each party and the prosecuting attorney or deputy prosecuting attorney shall be present for the receipt of the verdict, unless excused by the court. The defense attorney is responsible for advising the defendant to be present for the verdict unless defendant is in custody.

[Adopted January 1, 1999; amended effective September 1, 2016]

Local Rule 52 PRESENTATION OF FINDINGS/CONCLUSIONS, JUDGMENTS AND ORDERS A. Within ten (10) days after a decision is rendered, any party desiring to submit Findings of Facts and Conclusions of Law, a Judgment, Order or other appropriate document proposed for the entry shall serve opposing counsel with the same and provide the original thereof to the trial judge together with proof of service. B. Any party objecting to the proposed document shall within ten (10) days after receipt thereof serve opposing counsel, and mail/deliver to the judge, objections thereto in writing, together with any proposed substitutions if deemed appropriate. Upon receipt of the proposed document and objections/substitutions, the judge will within ten (10) days sign and file those documents accurately reflecting the court's decision. The court may at any time call for either argument on the record or arrange for a chambers or telephonic conference to settle the issues. C. If no objections/substitutions have been received within the above-described ten (10) day period, counsel shall mail/deliver the original of the proposed documents to the trial court, together with an affidavit of service upon the opposing counsel, and upon receipt thereof, the court shall sign such proposed documents, or if deficient, return such documents and inform all counsel as to such deficiencies and any requested changes or additions thereto. D. The preceding shall be the exclusive method for presenting judgments and findings of facts and conclusions of law. Orders and other documents also may be presented pursuant to CR 54(f)(2), without oral argument. Any proposed document may be presented ex parte to the court if opposing counsel has approved in writing entry of the proposed document or notice of presentment has been waived in writing. E. If deemed appropriate in some circumstances, the court may shorten the preceding time frames for presentation and shall so notify all counsel/parties.

[Adopted January 1, 1999; amended effective September 1, 2016]

Local Rule 53.2 COURT COMMISSIONERS A. Revision by the Court. 1. Motion Content and Service Deadlines. A party seeking revision off the Court Commissioner's ruling shall within ten (10) days of entry of the written order, file and serve a Motion for Revision. The motion must set forth specific grounds for each claimed error and argument and legal authorities in support thereof. The motion shall be accompanied by a copy of the order for which revision is sought, along with copies of all papers which were before the Commissioner in support, or in opposition in the original proceedings. A copy of the motion and all supporting documents shall be provided to all other parties to the proceedings with a bench copy provided to the court. The responding party shall have five (5) working days from the receipt of the motion to file a written response with the Clerk and provide copies to all other parties and to the court. 2. Transcript Required. When seeking revision of a ruling of the Court Commissioner which was based on testimony, such testimony must be transcribed and attached to the motion. If the transcript is not timely available, the moving party must set forth arrangements which have been made to secure the transcript.

3. Review is De Novo. Review of the Commissioner's order shall be de novo based on the pleadings and transcript submitted and without oral argument unless requested by the reviewing judge. 4. Scope of Motion. The judge may deny the motion; revise any order or judgment which is related to the issue raised by the motion for revision; or remand to the Commissioner for further proceedings. The judge may not consider evidence or issues which were not before the Commissioner or not raised by the motion for revision. The judge may consider a request for attorney fees by either party for the revision proceedings. 5. Effect of Commissioner's Order. The Court Commissioner's written order shall remain effective unless and until revised by the judge or unless stayed by the judge pending proceedings related to the motion for revision.

[Adopted effective September 1, 2016]

Local Rule 56 SUMMARY JUDGMENT A. Motion and Hearings. 1. Briefs. Briefs, or statements of points and authorities, shall be mandatory with respect to all motions for summary judgment. All originals are to be filed with the Clerk. Bench copies shall be submitted. 2. Continuance and Confirmation. In the event a motion for summary judgment or partial summary judgment is noted, and the non-moving party believes that a continuance is warranted, the non-moving party shall file a motion for a continuance, supporting the same with sworn pleadings. Said motion shall be heard at least one week before the scheduled date of the summary judgment hearing. 3. Preparedness. In the event the moving party unreasonably refuses to continue the case or the opposing party unreasonably is not prepared for the hearing, terms may be assessed. 4. Confirmation Required. Not less than three (3) business days before the hearing the moving party shall confirm with the court reporter that the motion will be heard on the date set.

[Adopted effective September 1, 2016]

Local Rule 58 ENTRY OF JUDGMENT A. When to File. 1. Judgments and Orders to be Filed Forthwith. Any order, judgment or decree which has been signed by the court shall not be taken from the courthouse, but must be filed forthwith by the attorney obtaining it with the Clerk's Office or with the deputy clerk in the courtroom. If signed outside the courthouse, the attorney procuring the order shall mail it to the appropriate clerk the same day, or file it by the next judicial day. 2. Settlement. Upon settlement of any action a judgment of dismissal shall be entered forthwith, and the court reporter shall be notified immediately if trial has been set. B. Effective Time. 1. Effective on Filing in Clerk's Office. Judgments, orders and decrees shall be effective from the time of filing in the Clerk's Office, unless filed in accordance with CR 5(e). 2. Not to be Entered Until Signed. The clerk will enter no judgment or decree until the same has been signed by the judge or clearly marked as "Proposed." 3. Oral Rulings. Oral decisions and rulings are not effective as orders, judgments, or decrees, except for immediate directives given by a judge in open court with expressly limited purpose and duration.

[Adopted effective September 1, 2016]

Local Rule 59 NEW TRIAL, RECONSIDERATION, AND AMENDMENT OF JUDGMENTS A. Motions for New Trial, Reconsideration or Judgment NOV (CR 59(b)-(j). Motions for New Trial, Reconsideration or Judgment NOV shall be submitted without oral argument unless the court orders otherwise. The motion shall be served and filed as provided in CR 59(b). At the time of filing the motion, the moving party shall serve and file a memorandum of authorities and deliver a copy of the motion and memorandum to the trial judge and to opposing counsel. The trial judge may (1) deny the motion, (2) grant the motion, (3) call for a written response from opposing counsel, and/or (4) call for oral argument.

[Adopted January 1, 1999; amended effective September 1, 2016]

Local Rule 77 SUPERIOR COURTS AND JUDICIAL OFFICERS A. Motion Day and Dockets. Regular dockets are established at the times and in the respective departments as set forth in WWCSCLR 7. B. Court Hours. Court is in session, unless otherwise ordered, on all judicial days except Saturdays. Subject to the trial judge's discretion in each case, trial hours are from 9:30 AM to 12:00 noon, and from 1:30 PM to 4:00 PM. Counsel shall be present in court ready to proceed at 9:00 AM on the first day of a jury trial. In criminal cases, defense counsel shall have the defendant in court at 9:00 AM the first day of trial unless the defendant is in custody. If the defendant is in custody, the jail staff shall have the defendant in court by 9:15 AM each day of trial. C. Winter Recess. December 20 to January 2 shall be Winter recess, and no contested cases or matters will be set for trial or try during said period except by consent of all counsel involved and the court, or by special order of the court. D. Miscellaneous: Reapplication for Order. When an order has been applied for and refused in whole or in part or has been granted conditionally and the condition has not been performed, the same application for an order must not be presented to another judge without advising the second judge of the fact that the order was previously refused or conditioned.

[Adopted January 1, 1999; amended effective September 1, 2016]

Local Rule 79 BOOKS AND RECORDS KEPT BY THE CLERK

A. Other Books and Records of Clerk. 1. Withdrawal of Files from Clerk's Office. Files generally shall remain in the Clerk's offices. The Clerk or employees thereof may take files to courtrooms or to judicial officers. Judicial officers, the court reporters, and the Court Facilitator may check files out. Attorneys and guardians ad litem assigned to a case may check out files only with the express permission of the Clerk or judge hearing the case; otherwise they may review files at a convenient and appropriate area for such review designated by the Clerk. 2. Exhibits a. Temporary Withdrawal. Exhibits may be withdrawn temporarily from the clerk's office only by: (i) The judge having the cause under consideration; (ii) Official court reporters for use in connection with their duties, without court order; and, (iii) An attorney of record, upon court order. 3. Videotaped Depositions. Videotaped depositions published in open court shall be treated as court exhibits, with the same retention standards. A party who wishes to make a published videotaped deposition part of the court file must submit a certified transcript of the deposition. 4. Return of Contraband Exhibits. When contraband, alcoholic beverages, tobacco products or controlled substances are being held by the clerk of the court as part of the records and files in any criminal case, and all proceedings in the case have been completed, the court may order the clerk to deliver such contraband or substances to an authorized representative of the law enforcement agency initiating the prosecution for disposition according to law. 5. Return of Exhibits and Unopened Depositions. When a civil case is finally concluded, and upon stipulation of the parties or court order, the clerk of the court may return all exhibits and unopened depositions, or destroy the same. 6. Disposition of Exhibits. After final disposition of a civil cause, the court after a hearing may order the clerk to destroy or otherwise dispose of physical evidence which cannot, because of bulk or weight, be retained in the case file, provided that all parties of record are given thirty (30) days written notice of any such hearing. 7. Security in Handling Court Exhibits. Any exhibits admitted into evidence in a proceeding in Superior Court, which is a weapon, money, an item of negotiable value, a controlled or dangerous substance or deemed by the court to be bulky, inappropriate or difficult for the Clerk to store, may be admitted and then withdrawn upon the substitution of photograph(s), videotape(s), samples or other facsimile representations as provided by order of the court. Disposition of the original evidence shall be as ordered by the court in each proceeding as appropriate as provided in GR 20.

[Adopted January 1, 1999; amended effective September 1, 2016]

Local Rule 81 APPLICABILITY IN GENERAL A. To What Proceedings Applicable. 1. Generally. In general, procedure in this court shall be in accordance with pertinent Washington Court Rules as heretofore or hereafter adopted by the Supreme Court of Washington. These local rules are intended only to supplement those rules and are numbered, insofar as possible, to conform to the Civil Rules numbering system. The rules shall also apply to criminal cases insofar as they are applicable. 2. Suspension of Rules. The court may modify or suspend any of these rules in any given case, upon good cause being shown therefore, or upon the court's own motion.

[Adopted effective September 1, 2016]

Walla Walla Local Domestic Relations Rules WWLDRR 94.04W A. Automatic Mutual Temporary Order. 1. Contents. Upon the filing of a summons and petition in any action subject to this rule, the court, on its own motion, shall automatically issue a mutual temporary order that includes the following provisions unless specifically otherwise ordered by the court: a. The parties are restrained from transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the immediate necessities of life or as agreed upon in writing by the parties. Each party shall notify the other party of any extraordinary expenditure made after the order is issued. b. The parties are restrained from assigning, transferring, borrowing, lapsing, surrendering or changing entitlements of any insurance policies of either or both parties, whether medical, health, life or auto insurance, except as agreed in writing by the parties. c. Each party is immediately responsible for any debts he or she incurs after the order is issued, whether by open account, credit card, loan, security interest or mortgage, except as agreed in writing by the parties. d. Each party shall have access to all tax, financial, legal and household records and reasonable access to such records shall not be denied. e. In every action in which children are involved: i. Each parent is restrained from changing the residence of the child(ren) until further order of the court, except as agreed in writing by the parties. ii. Each parent shall ensure that the child(ren) not be exposed to negative comments about the other parent. 2. Effective Date. The petitioner is subject to the order from the time of its entry upon filing of the summons and petition. The petitioner shall serve a copy of the order on the respondent. The respondent is subject to the order from the time that it is served. The order shall remain in effect until further order of the court. B. Mandatory Mediation. 1. Applicability. All contested issues in the following cases shall be submitted to mandatory mediation before proceeding to trial: (a) all family law petitions, including marriage dissolutions, legal separation, and declarations of invalidity; (b) nonparental child custody proceedings; (c) paternity child custody proceedings; (d) actions brought by parties to nonmarital personal relationships involving parenting and/or distribution of assets/liabilities; and (d) petitions for modification of final orders (excluding child support modifications or adjustments). No contested matter described above shall be set for trial without proof of commencement of mediation proceedings. Mediation shall be completed no less than 30 days prior to the scheduled trial date. The mediation requirement or time limits may be waived or modified by the court upon motion for good cause shown or upon the court's own motion. The parties shall mediate in good faith. 2. Effect during mediation. Mediation shall not stay or otherwise affect the rights and duties of the parties established by statute, court rule, or court order. The court may enter temporary orders and the parties may conduct discovery prior to or during the mediation process. 3. Selection of mediator. The parties may select a mediator by agreement. If the parties cannot agree on the method of selection of the mediator, upon motion the court shall select a mediator. A mediator shall have the right to decline to serve in a particular case. 4. Authority. The mediator shall have authority to determine the time, place, manner, and duration of mediation. The mediator shall have the authority in his or her discretion to terminate the mediation prior to completion, as appropriate.

5. Attendance. The parties shall personally attend all mediation sessions, unless the mediator permits telephonic or other attendance. The mediator shall have the authority to require other persons to attend. 6. Declaration of Completion. Within seven (7) days of completion of mediation, a declaration of completion shall be filed with the court by the mediator. The court shall be advised by the mediator of the results of mediation in writing. The mediator shall advise the court only whether an agreement has been reached on some or all of the issues. All agreements reached at mediation shall be reduced to writing and signed by the parties. 7. Payment. Mediators shall be paid by the parties in accordance with the agreement of the parties, or, in the absence of agreement, as determined in mediation. 8. Confidentiality. The work product of the mediator and all communications during the mediation shall be privileged and confidential and not subject to compulsory disclosure. The mediator shall not appear to testify in any court proceedings except as to the issue of good faith. 9. Responsibility for compliance with mediation requirements. The parties shall be 9. Responsibility for compliance with mediation requirements. The parties shall be responsible for arranging for and completing all mediation requirements established under this rule. C. Professional Evaluations. The court may for good cause order a custody or parenting evaluation, mental health evaluation, alcohol or drug evaluation, treatment, counseling, and/or physical examination. The court will determine the need for appointment of professionals and direct either or both parties to pay for services deemed necessary. The issue of costs shall be addressed in the order requiring said services and shall contain an hourly rate and maximum payment if costs are to be at public expense. D. Business Valuations. If the value of the community interest in a business or professional practice is in dispute, the court may appoint an appraiser to report to the court and the parties on the value of the business or professional practice. The parties may agree upon an appraiser to be appointed by the court. If the parties are unable to agree, each party shall, at the status conference, designate a valuation expert, and the two experts so designated shall, within ten (10) days following the status conference, together recommend to the court a valuation expert to be appointed as an appraiser by the court. Alternatively, each party may retain his or her own appraiser. E. Pretrial Conferences. 1. When Required. A pretrial conference shall be held in all contested domestic relations cases. The purpose of the conference is to explore and identify disputed issues. Attendance by all counsel and parties is mandatory. Failure to appear at the pretrial conference, without prior permission of the court, shall constitute an act of default. The present party may move for default pursuant to CR 55. Failure to appear in accordance with the rule may result in sanctions on the party failing to appear. 2. Discovery; Filing Position Statements. All discovery shall be completed ten (10) days prior to the pretrial conference. Each party shall prepare his or her position statement and mail or deliver the same to respondent and the court seven (7) days prior to the pretrial conference. If either party fails to comply, the judge may impose terms on the offending party or the party's attorney, and require that the other party's reasonable attorney's fees be paid for any additional work or delay caused by the failure to comply. 3. Position Statements: a. Form. Each party is required to prepare a Position Statement for the court's use at the pretrial conference. The position statement will indicate the proposed disposition of assets and liabilities, as well as proposed maintenance and residential placement of children, as applicable. The position statement shall not be used for any purpose at trial, unless otherwise agreed by the parties. b. Asset/Liability List. If distribution of assets or liabilities is an issue, each party shall file and serve a list of assets and liabilities known to the party, together with the position statement, and shall indicate the party's good faith opinion as to the fair market value of any asset as of the date of separation. The parties may also indicate the current fair market value if there is a significant difference. This list shall be signed by the party under penalty of perjury. This list may be used at trial, subject to the rules of evidence or agreement of the parties. c. Needs/Abilities Statement. If spousal maintenance or attorney's fees is at issue, each party shall file and serve a statement containing a list of all income and assets, including any retirement benefits, together with a list of current monthly living expenses. The information regarding liabilities shall indicate the total amount owed as of the date of separation, the amount the party has paid on the debts since the separation, and the monthly payment on the debt. The statement shall also include information concerning the needs and abilities of the party, including age, education, training, work experience, and mental and physical health. This statement of assets, liabilities, needs, and abilities shall be signed by the party under penalty of perjury. This statement may be used at trial subject to the Rules of Evidence or agreement of the parties. d. Exhibits. At the time of the conference or before, all exhibits intended to be used at trial will be disclosed and a copy provided to the opposing party. e. Automatic Discovery -- Required Documents. The parties are required to file and exchange as appropriate the following documents no later than 10 days prior to the pretrial conference: (i) Support Worksheet. If child support is an issue, Washington State Child Support Worksheets (all pages), signed by the submitting party; (ii) Tax Returns. Complete tax returns for the past two calendar years together with all schedules and W-2's; (iii) Partnership and Corporate Tax Returns. Complete partnership and/or corporate tax returns for the past 2 years together with all schedules and attachments for all partnerships and corporations in which a party has had an interest of 5% or greater; (iv) Pay Stubs. All pay stubs showing income for the past 6 months or since January 1 of the calendar year, whichever period is greater; (v) Debts. A copy of the most recent statements of balances due on mortgages, real estate purchase contracts, deeds of trust, installment purchase contracts, credit cards and other time payment accounts owed by or to the parties; (vi) Pension Plans. The most recent employers' ERISA statement and a statement of contributions since that statement, of any pension plan of either party; (vii) Personal Property Appraisals. A written appraisal of any real estate, antiques, jewelry or other items of special, unusual or extraordinary value or a summary of the evidence which will be relied upon; (viii) Vehicles. A verified extract or copy of the most recent N.A.D.A. Official Used Car Guide or other appraisal guide showing both average loan or wholesale and retail values for any automobiles; (ix) Tracing. A summary of the source and tracing of any property asserted to be the separate property or obligation of either party; (x) Life Insurance. A statement from each life insurance company issuing a policy of insurance on the life of either party as to its cash value and any loans on the cash value; (xi) Business Appraisals. A written appraisal of any proprietorship, partnership, or closely held corporation of the parties, or a summary of the evidence which will be relied upon; (xii) Experts. Expert witnesses shall be disclosed at or before the pretrial conference to the extent required by CR 26. F. Entry of Decree. 1. Non-contested Calendar. The clerk shall not place any dissolution case on the non- contested calendar unless proof is filed that summons was served more than ninety (90) days before the date selected for hearing and that the case has been on file more than ninety (90) days. 2. Time of Presenting Documents for Signature. At the time of hearing of a non-contested dissolution case, the necessary documents to be signed must be presented to the court for signature. If signed, they shall be filed with the clerk forthwith. For good cause shown, the Court may extend the time for presentation.

3. Disposition of Issues. No decree of dissolution shall be entered unless the decree disposes of all issues over which the Court has jurisdiction. 4. Copy of Decree to be Delivered. In default dissolution cases, at the time of filing the decree, the attorney whose decree was entered shall immediately deliver to his or her client and deliver to or mail to the other party, at his or her address, if known, or to his or her attorney, a conformed copy of the decree with the date of filing the original indicated on each copy so delivered or mailed. The decree shall be filed forthwith upon granting the dissolution. G. Orders Pendente Lite. Ex parte orders in domestic relations matters which restrain one party from the family home or from contact with the other party or children shall not be entered unless the court finds (and the order provides) that irreparable injury could result if the order is not entered. No ex parte orders shall be issued changing the custody of minor children without a clear showing of present danger to a child (children) and/or that the custodial person will, unless custody change is immediate, remove the said child (children) from the State of Washington. The attorney presenting the order shall specifically advise the court that the order presented contains such a provision.

H. Mandatory Parenting Seminars. 1. Applicable Cases. This rule shall apply to all cases which require a parenting plan or residential plan for minor children; including dissolutions, legal separations, major modifications, paternity actions in which paternity has been established, and non-parental custody actions. 2. Mandatory Attendance. In all cases governed by this rule, all parties shall complete a parenting seminar approved by the court. Standards for parenting seminars shall be established by the court and providers approved by the court. 3. Timing. Parties required by this rule to participate in a parenting seminar shall complete an approved parenting seminar within sixty (60) days of service of a petition or motion initiating the action which is subject to this rule. 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. The class will be completed prior to entry of a permanent parenting or residential plan. 4. Special Considerations/Waiver. In no case shall opposing parties be required to attend a seminar together. If the court determines that attendance at a seminar is not in the children's best interest, pursuant to Chapter 26.12 RCW, the court may: a. waive the requirement of completion of the seminar; or b. allow participation in an alternative parenting seminar if available; or c. extend the time required for attendance at a seminar for good cause shown. 5. Failure to Comply. Willful refusal to participate in a parenting seminar or willful delay in completion of a court ordered parenting seminar by any party will 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. Standards. Standards for parenting seminars may be established by the court, but in any event all providers shall be approved by the court. I. Alternate Residential Time Guidelines [formerly Local Rule 18] 1. Alternate Residential Time. In order to facilitate reasonable resolution of visitation issues, the parties should consider the following guidelines which the court would be inclined to accept as reasonable in most cases, based on the child's age and the geographical location of the parents: 0 to 6 months: Two hours, twice per week. 6 months to 1 year: Two hours, twice per week; and four hours, once per week. 1 year to 3 years: Two hours, twice per week; and eight hours, once per week. These holidays alternate each year, for 8 hours each: Easter, July 4th, Thanksgiving, Christmas Eve, and Christmas Day. Overnight residential time is not usually recommended. 3 years to 5 years: Two hours, twice per week. Alternating weekends from Saturday at 9:00 AM until Sunday at 6:00 PM. These holidays alternate each year: Easter, July 4th, Thanksgiving for 2 days; Christmas Eve and 2 days before and Christmas Day and 2 days thereafter. Summer residential time: Two non-consecutive one-week periods. 5 years and older: Every other weekend from Friday at 6:00 PM until Sunday at 6:00 PM. If Friday is a school holiday, the weekend begins Thursday at 6:00 PM. If Monday is a school holiday, the weekend ends Monday at 6:00 PM. One weekday from 5:30 PM until 7:30 PM, once per week. These holidays alternate each year: Martin Luther King Day, Presidents' Day, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving (from 6:00 PM the Wednesday before Thanksgiving day to 6:00 PM (the Sunday immediately following the holiday) and Winter Holidays (on even years from 6:00 PM on the day school recesses to December 24th at 8:00 PM, and on odd years, from 8:00 PM on December 24th to 6:00 PM the day before school commences).

Summer and Spring Vacation residential time: Five weeks during the summer, commencing one week after school is out in even-numbered years and commencing 6 weeks before the start of school in odd-numbered years (during which times the residential parent shall have residential time with the child on an alternating weekend basis as set forth above, except during extended trips/vacations). Spring break shall be alternated each year, commencing at 6:00 PM on the day before the vacation begins and ending at 6:00 PM on the day before school starts. 2. Father's/Mother's Day. Regardless of the residential time suggested above, the mother shall have residential time of at least 4 hours on Mother's Day; and the father shall have residential time of at least 4 hours on Father's Day. 3. Birthdays. Each parent shall be allowed to spend at least 4 hours with the child to celebrate the child's birthday, and that parent's birthday, within 2 days of that birthday. 4. Telephone Contact. Reasonable telephonic and other contact by electronic means including text messaging, emailing, Skype or Facetime, Facebook and/or other means of social networking is usually appropriate, and should not be less than once per week for each parent during that parent's non-residential time. 5. Different Age Groups. When children of different age groups are involved, the preference shall be to follow the guideline for the oldest child, so that the children remain together. 6. Cancellation. For weekend visits, the primary parent shall have the child available for one hour after the scheduled starting time. If the other parent does not pick up the child within that hour, then the weekend visit shall be deemed canceled. 7. Priorities Under the Residential Schedule. Holidays have priority over other special occasions. Special occasions have priority over school vacations. 8. Parental Cooperation. These provisions are designed to encourage each parent to maintain a loving, stable, and nurturing relationship with the child. Each parent shall encourage the parent/child relationship of the other parent, and shall make residential arrangement decisions which are in the best interest of the child. J. Pro Se Parenting Plans/Child Support Orders. In any action in which child support or residential care of a minor child or children is an issue and in which none of the parties is represented by counsel, the parenting plan and child support documents shall first be reviewed, approved, and initiated by the Court Facilitator. If a proposed parenting plan is filed, it need not be initialed or approved by the Court Facilitator, but any parenting plan submitted for court approval must be so initialed and approved. If the parenting plan or child support order is the result of mediation, the mediator shall affix a declaration to the parenting plan or child support order submitted for court approval, signed under penalty of perjury, that the parenting plan/child support order is the result of mediation, the date that such mediation occurred, and the name of the mediator or and/or mediation service.

[Adopted January 1, 1999; amended effective September 1, 2016]

WWLJuCR 1.1 SCOPE, PURPOSE, EFFECTIVE DATE, AMENDMENTS A. Scope. These local rules relate to the procedure in the Juvenile Court of Walla Walla County and shall supplement the State Superior Juvenile Court Rules. These rules shall also govern the policy and administration of the Juvenile Court. B. Purpose. The express purpose of the local rules is to develop standardized policy and procedures to ensure the fair and efficient operation of the Walla Walla Juvenile Division of the Superior Court of the State of Washington in Walla Walla County. C. Effective Date. These rules shall take effect on the 1st day of August, 2015. All previous existing local Juvenile Court rules are hereby superseded and declared void by the adoption of these rules. D. Amendments. The judges of the Walla Walla County Superior Court may from time to time amend these rules. [Adopted January 1, 1999; amended September 1, 2016]

Local Juvenile Court Rule 1.6 JUVENILE COURT ADMINISTRATOR DUTIES AND AUTHORITY A. Juvenile Court Administrator. 1. In accordance with RCW 13.04.035, the Juvenile Court will be directed by a Director who is appointed to serve at the pleasure of the Walla Walla Board of County Commissioners and the Walla Walla Superior Court judges. By agreement between the Walla Walla Board of County Commissioners and the Walla Walla Superior Court judges, it is recognized that the Walla Walla County Corrections Department is made up of two divisions. The Adult Division is responsible for the County Jail and related programs. The Juvenile Division has exclusive jurisdiction over those juveniles within the two-County (Walla Walla County and Columbia County) area who violate the criminal laws of Washington State or who are in need of protection and/or advocacy as a result of abuse, neglect, truancy or at-risk behavior. The juvenile department is responsible for the provision of community supervision of youth, juvenile detention, diversion, guardians ad litem, Court Appointed Special Advocate (CASA) program, truancy and at-risk youth programs, alternative education program, and department administration services. 2. By agreement between Walla Walla Board of County Commissioners and the Walla Walla Superior Court judges, the Director is supervised solely by the Board of County Commissioners for the administration of the Adult Division; the Director is supervised solely by the Walla Walla County Superior Court judges for the administration of the juvenile division. 3. The Director shall direct the Juvenile Court in accordance with the policies and rules of the judges and shall be directly responsible to the presiding Superior Court judge for all juvenile departmental operations and for the carrying out of court rules and policies. The Superior Court judges shall regularly review the Director's performance for adequacy of professional judgment, compliance with state, county and local policies and regulations; and achievement of results consistent with the stated objectives. 4. The Director also oversees alternative court programs such as Family Treatment Court, Drug Court and other therapeutic courts as may be established from time to time under the direction of the judges.

[Adopted August 1, 2015; amended effective September 1, 2016]

WWLGALR 1 SCOPE/PURPOSE This policy covers the administration and procedures of the Guardian ad Litem Program for Superior Court, Walla Walla County pursuant to RCW 4.08.060 as amended, RCW 8.25.270 as amended, RCW 11.88.090 as amended, and RCW 26.12 as amended.

[Adopted January 1, 1999; amended effective September 1, 2016]

WWLGALR 2 POLICY A. Administration. The Department of Court Services shall maintain and administer the Guardian ad Litem registries for Guardianship, and Family Law. These registries do not include the Court Appointed Special Advocates (CASA) which shall continue to be administered separately by the department. The department shall maintain a completed application form, and background information records pertaining to each person on a registry. A person listed on a registry or registries shall re-certify updated background information annually on a date specified for each registry. All application and background information, with the exception of personal identifying information, and pending complaints, shall be available for public inspection. Persons shall be selected to serve on each registry at the discretion of the court with consideration of the following factors: 1. That there should be a sufficient number of Guardians ad Litem available to meet the requests for appointment by the court. 2. That the GALs achieve and maintain a high level of knowledge, skill and professional competence within each given registry. The court may sponsor or approve training which registry applicants and members shall be required to attend to maintain and improve their level of proficiency. The court may impose an application fee and/or charge a fee for training programs. Each registry may be reconstituted periodically after an open application period has been publicly announced. The court may allow additional applicants to be added to a registry periodically. The registry shall be open for new applications, between February 1st and April 30th of each year. All required information must be received by the Department of Court Services no later than April 30 of each year. The Guardian ad Litem registry shall be defined no later than June 1 of each year.

[Adopted January 1, 1999; amended effective September 1, 2016]

WWLGALR 3 GUARDIANSHIP REGISTRY A. Education and Experience Requirements. 1. Attorneys. Attorney GALs must be: Members of the Washington State Bar Association in good standing; and Have two years of experience in the practice of law; and For initial placement on the registry after the effective date of this policy, have completed any training required by RCW 11.88.090 as amended. For continued placement on the registry after the effective date of this policy, completion of any continuing training as may be required by statute or the court. 2. Non-Attorneys. Non-attorneys GALs must have a bachelor's level degree from an accredited college in any of the following fields: sociology, psychology, pre-law, nursing, medicine or equivalent field and three years documented experience working in a relevant field. For placement on the registry the applicant must complete all training required by RCW 11.88.090 or as amended. For continued placement on the registry after June 1, 1996, completion of any continuing training that may be required by statute or by the court. B. Application. The applicant shall submit their signed application, Code of Conduct and Release of Information on the forms provided by the Department of Court Services. All requested items must be filled out and attached with the application when submitted. The applicant must make arrangements with the Department of Court Services to provide fingerprints before the applicant will be considered for appointment as a Guardian ad Litem. [Adopted January 1, 1999; amended effective September 1, 2016]

WWLGALR 4 FAMILY LAW REGISTRY A. Education and Experience Requirements. 1. Attorneys Members of the Washington State Bar Association in good standing; and Two years of experience in the practice of law, including a minimum of five (5) completed dissolution cases with children to include post-resolution custody modification; For initial and continued placement on the registry after the effective date of this policy, completion of any training as may be required by statute or the court from time to time. For initial placement on the registry after the effective date of this policy, completion of training pursuant to Section 18 (1), Chapter 249, Laws of 1996. 2. Non-Attorneys Bachelors level degree in any of the following fields: social work, psychology, nursing, medicine, or equivalent field, and three years documented work experience in the areas of child or family counseling; or Certified by the State of Washington as a social worker, mental health therapist, marriage counselor, licensed psychologist, or physician all in good standing with the State of Washington; and For initial and continued placement on the registry after the effective date of this policy, completion of any training required by statute or the court. 3. Uniform Parentage Cases In RCW 26.26 actions, a relative of the minor, the mother or the father may be appointed as a Guardian ad Litem if they comply with the requirements of RCW 26.12.177 and who is otherwise suitable.

4. Out-Of-State Guardian ad Litem In RCW 26.33 actions involving the need for an out-of-state Guardian ad Litem, a non- registry Guardian ad Litem may be appointed so long as the appointed Guardian ad Litem complies with the requirements of RCW 26.12.175 (3). B. Application. The applicant shall submit their signed application, Code of Conduct and Release of Information (attachments A, B, C) of this document. All requested items must be filled out and attached with the application when submitted. The applicant must make arrangements with the Department of Court Services to provide fingerprints before the applicant will be considered for appointment as a Guardian ad Litem.

[Adopted January 1, 1999; amended effective September 1, 2016]

WWLGALR 5 APPOINTMENT OF GUARDIAN AD LITEM FROM REGISTRY A. Appointment of Guardians ad Litem - Title 26. 1. Joint Recommendation. The parties or their attorneys may agree to jointly recommend a GAL from the registry. The court may adopt the joint recommendation or require the parties to use the rotational procedure. An exception to rotational appointment may be considered if the parties stipulate to a GAL with case specific knowledge. 2. Absent Joint Recommendation. A Guardian ad Litem not appointed by joint recommendation shall be appointed by the Court on a rotational basis from the approved Guardian ad Litem list established and maintained by The Department of Court Services. If the parties are not in agreement to this GAL from the registry, then the Department shall provide the names of the next three GALs from the list. After reviewing the three names on the list and if the parties agree upon a GAL from that list, they may present an Order of Appointment to the court. If after reviewing the three names on the list, the parties cannot agree, each party may strike one name from the list of three. The court will appoint the remaining name on the strike list as GAL. B. Indigent Parties. If either of the parties is found to be indigent, then the court may appoint a GAL from the list at the expense of the County.

C. Appointment of Guardians ad Litem - Title 11. Appointment of GALs in Title 11 cases shall be done in a strict rotational basis. The party seeking appointment of a GAL shall contact the Department of Court Services for the next name on the register. The party shall be responsible for contacting that GAL to determine if the GAL is able to take the case. If the GAL is unavailable, the party shall contact the Department of Court Services for the name of the next GAL on the register.

[Adopted January 1, 1999; amended effective September 1, 2016]

WWLGALR 6 RETENTION OF REGISTRIES A. Persons on each registry shall promptly inform the court of any temporary unavailability to serve, or of their intent to resign from the registry. B. A person shall remain on the registry unless the person fails to maintain a current application with attachments, or the person is removed or suspended. C. A person's retention on the registry shall be reviewed upon the court's receipt of a complaint regarding performance in office, or the courts receipt of adverse information regarding the suitability of a person to serve as a Guardian ad Litem. Complaints shall be delivered to the Superior Court Program Administrator/or designee.

[Adopted January 1, 1999; amended effective September 1, 2016]

WWLGALR 7 PROCEDURE TO ADDRESS ADMINISTRATIVE COMPLAINTS A. Administrative Complaints. Complaints by Guardians ad Litem regarding registry or appointment matters shall be made in writing and be addressed to the Court Services Director. A copy of the complaint shall be provided to the Presiding Judge. The Presiding Judge shall provide a written response to the complainant within 15 business days of receipt of the complaint. [Adopted January 1, 1999; amended effective September 1, 2016]

WWLGALR 8 GRIEVANCE PROCEDURE A. Commencement of Grievance. The grievance procedure shall commence when the Court Services Director receives in writing a complaint alleging one or more of the following: 1. There has been a violation of the Guardian ad Litem Code of Conduct; 2. There has been a misrepresentation of his or her qualifications as Guardian ad Litem;

3. The person has not met the annual training requirements; or 4. Any other reason that would place the suitability of the person to act as Guardian ad Litem in question, including, but not limited to the following: a. Breach of confidentiality. b. Falsifying information on the application. c. Falsifying information in a court report. d. Failure to report abuse of a child. e. Improper ex parte communication. f. Representing the court in a public forum without prior approval of the court. g. Violation of state or local laws and these rules while a Guardian ad Litem. h. Improper dissemination or re-disclosure of confidential records. 5. An investigation may also be commenced by the court at any time a judge becomes aware of any facts calling into question the suitability of the person to act as Guardian ad Litem. B. Procedure. Upon receipt of a written complaint or information described in paragraph A above, the Court Services Director shall perform a preliminary investigation. The Court Services Director shall seek a written response from the Guardian ad Litem if the Court Services Director deems a response necessary. The Court Services Director shall thereafter forward the complaint and the response to the Presiding Judge. If the complaint involves a pending case, the matter shall then be referred to and considered by the judge hearing the case. Complaints filed while a case is pending shall be resolved within twenty-five (25) days. If the complaint does not involve a pending or recently concluded case, the grievance or complaint shall be further investigated, processed, and resolved by the two Superior Court judges or delegated between them on an individual case basis. Complaints not involving a pending or recently concluded case shall be resolved within 60 days. The court recognizes the need to provide, on a case-by-case basis, fair treatment of grievance issues such as appearance of fairness and conflict issues. If the court determines that the grievance or complaint has merit, the court may take such further action as appropriate including issuing a written reprimand, requiring additional training as a condition of staying on the registry, or suspending or removing the Guardian ad Litem from the registry. C. Reconsideration. A Guardian ad Litem seeking reconsideration of the decision shall do so in writing to the Court Services Director who shall forward the request and other documents to the Presiding Judge for final determination. D. Temporary Suspension. In the discretion of the Superior Court a Guardian ad Litem may be temporarily suspended from the registry pending an investigation and during the grievance process if the suitability of the person to act as a Guardian ad Litem is called into question. E. Withdrawal From Registry. A Guardian ad Litem who withdraws from the registry and who still has active or incomplete cases shall immediately report this circumstance to the Court Services Director who will advise the court to reassign such cases. F. Time Limit For Complaints. Any complaints about the Guardian ad Litem must be received by the Court Services Director within one (1) year from the date of the alleged violation. G. Confidentiality. All complaints shall be confidential unless merit is found. The court shall maintain a record of grievances and complaints filed, as well as any sanctions issued. If a guardian ad litem is removed from any registry of this court pursuant to the disposition of a grievance or complaint, the court shall send notice of such removal to the Administrative Office of the Courts of the State of Washington.

[Adopted March 19, 2001; amended effective September 1, 2016]

WWLGALR 9 PAYMENT OF GUARDIANS AD LITEM A. There shall be no payment of a Guardian ad Litem by anyone, except as authorized by order of the court pursuant to RCW 11.88.090(9) and RCW 26.12.175(1)(b). B. Each order appointing a Guardian ad Litem shall set forth the hourly rate of compensation for the investigative/legal work; source of payment, if determined; and in all cases where the county shall be responsible for some or all of the costs, unless waived, shall require the Guardian ad Litem to seek court authorization to provide services in excess of $1750 per case. Compensation for court appearances shall only be paid to the Guardian ad Litem when that person is required to appear in court in order to testify, or when permission is granted by the court to have the Guardian ad Litem present in court. C. The order appointing a Guardian ad Litem may include provisions for a retainer fee to be paid prior to the Guardian ad Litem accepting the appointment. Any unexpended portion of the retainer fee, as evidenced by the itemized accounting required by RCW 26.12.175, shall be returned to the parties according to their proportionate responsibility for payment of the Guardian ad Litem. D. All fee requests by the Guardian ad Litem submitted to the court shall be supported by contemporaneously-kept time records which distinguish investigative, legal, clerical, travel time, and court time which shall be served upon all the parties. E. Guardian ad Litem fees shall be the responsibility of a party, or parties unless the court has entered an order authorizing payment at public expense. F. Guardians ad Litem appointed pursuant to RCW Title 11 shall be compensated in accordance with the provisions of RCW 11.88.090 and RCW 11.88.097, provided however, that in the event it is shown by motion supported by affidavit that the county shall be responsible for such costs, the fees shall not exceed $1750 per case. The affidavit in support of a motion for County paid fees shall set forth the financial position of the alleged incapacitated person, including assets, potential causes of action, monthly income and monthly expenses. If additional fees beyond the $1750 are requested such request shall be by a separate motion supported by appropriate affidavits. The order authorizing disbursal of County funds shall provide that those fees shall be reimbursed to the county in the event the estate obtains, within a reasonable period of time, sufficient assets.

[Adopted effective September 1, 2016]