LOCAL COURT

RULES OF THE SUPERIOR COURT FOR ISLAND AND SAN JUAN COUNTIES

  

 

EFFECTIVE SEPTEMBER 1, 1997

 

 

 

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE JUDICIAL DISTRICT OF ISLAND AND SAN JUAN COUNTIES

 

ORDER

In the Matter of the Adoption

of

LOCAL RULES OF COURT for the Judicial District composed of

Island and San Juan Counties, State of Washington.

 

 

 

IT IS HEREBY ORDERED that the Local Rules herein be, and the same hereby are, approved and adopted as Local Rules of Practice and Procedure in the Superior Court of the State of Washington for the Judicial District of Island and San Juan Counties.

The Local Rules herein shall take effect and be in force from and after the 1st day of September, 1997, and all other Local Rules and/or designated Special rules be abrogated.

These Local Rules are in supplement to Rules for the Superior Court.

DATED this ______________ day of ______________, 1997.

_____________________________ VICKIE I. CHURCHILL, JUDGE

_____________________________ ALAN R. HANCOCK, JUDGE

 

 

  

 

 

LOCAL RULES OF THE SUPERIOR COURT

FOR ISLAND AND SAN JUAN COUNTIES

 

 

RULE NO. 1

APPLICATION OF RULES

 

Unless specifically designated otherwise, all Local Rules shall apply to both Island and San Juan Counties.

 

RULE NO. 2

DEPARTMENTS

 

The Superior Court of the Island/San Juan County Judicial District shall consist of as many departments as there are judges authorized by law.

 

RULE NO. 3

COURT SESSIONS

 

Unless otherwise ordered, court shall be in session every judicial day, except when the judges are absent, at 8:30 a.m. until 4:15 p.m. Hours for jury trials, unless otherwise ordered, shall be as follows:

 

Island County: Morning session from 9:30 a.m. to 12:00 noon; afternoon session from 1:30 p.m. to 4:15 p.m.

San Juan County: Morning session from 8:45 a.m. to 12:00 noon; afternoon session from 1:30 p.m. to 3:30 p.m.

On law and motion day, sessions shall commence at 9:00 a.m. Trials and matters noted for special hearings shall commence as ordered by the court.

 

RULE NO. 4

NON-JUDICIAL DAYS

Non-judicial days are hereby designated to be every Saturday and Sunday, and those days designated by law as legal holidays.

 

RULE NO. 5

AUTHORITY

The authority to manage and conduct the court is vested in the Superior Court judges. Judges shall have final authority over any matters pertaining to court organization and operations. The presiding judge shall be selected on a rotating basis annually on the first judicial day of each year. The presiding judge shall assign the duties and responsibilities of each department, the court commissioners and the court administrators.

 

The court administrator is subject to the general supervision of the judges. The specific powers and duties of the court administrator include, but are not limited to, the following, as directed by the judges: 

  1. Calendaring and jury management.
  2. Supervision and direction of the work of the court employees.
  3. Preparation and administration of the budget of the court.
  4. Assistance in representing the court regarding court management matters.

 

RULE NO. 6

JURY SESSIONS

 

Jury sessions will be held in each county at such time and for such duration as designated in advance by the court as the docket of cases warrants.

 

RULE NO. 7

PLEADINGS

 

After filing of the initial pleading, all further pleadings shall contain the case number and title of document before filing with the clerk.

All pleadings shall be on 8 " x 11" white paper, with copy on one side only. There shall be a blank space at least 3" x 3" on the upper right-hand corner of page one (1) for the clerk’s date stamp. The first page shall have a 2 " top margin and all subsequent pages shall have a 1 " top margin

 

RULE NO. 8

CONDUCT AND DRESS CODE

 

The Conduct and Dress Code posted outside the courtrooms shall be followed by all participants and spectators. A copy of the code may be obtained from the office of the court administrator or county clerk at the Island and San Juan County courthouses.

RULE NO. 9

VOLUNTEER GUARDIAN AD LITEM PROGRAM

 

This judicial district has a volunteer guardian ad litem program. Rules and details may be obtained from Juvenile Court Services in the respective counties.

 

RULE NO. 10

LAW AND MOTION DAYS

 

Law and motion day for Island County shall be Friday of each week, or such other day as the judges may elect. Law and motion day for San Juan County shall be Monday of each week, or such other day as the judges may elect.

 

On law and motion day, the following matters will be heard: 

  1. Adoptions and all matters involving sealed files, commencing at 9:00 a.m.
  2. Ex parte matters at 9:30 a.m.
  3. Paternity motions where paternity has previously been determined.
  4. Uncontested matters in probates and guardianships.
  5. Default dissolutions.
  6. All orders to show cause and/or motions in dissolution actions, including those pertaining to temporary parenting plans, temporary support money, and attorney’s fees.
  7. Other orders to show cause and/or motions in civil and criminal cases, including summary judgment motions.
  8. Motions and orders subsequent to judgment.
  9. Uniform Interstate Family Support Act matters.
  10. Adult and juvenile criminal arraignments, motions and sentencing.

 

In the event the foregoing motions shall take longer than a total of 15 minutes to be heard, the parties shall obtain a specially set time and date from the court administrator for the matter to be heard.

Except as noted above, civil matters shall be heard at 9:00 a.m. in both counties. Criminal matters shall be heard at 10:30 a.m. in San Juan County, and 1:30 p.m. in Island County.

 

RULE NO. 11

SCHEDULING MATTERS FOR LAW AND MOTION DAYS

 

Filing of Notices. All notices for the law and motion calendar shall be filed with the Clerk of the Court by 4:30 p.m. no later than nine (9) days prior to the day when such matters are to be heard.

 

Service of Notices, Motions, Responses, and Replies. Motions and notices in civil cases shall be served on opposing counsel or a party appearing pro se, at least nine (9) days before the date of the scheduled hearing. Responses shall be served by 4:00 p.m. two (2) days before hearing. Replies shall be served by 4:00 p.m. the court day before the hearing. No additional responses or replies will be permitted from either party without prior permission from the court.

 

Content of Motions, Responses and Replies. A motion must contain the following:

  1. Relief requested. The specific relief the court is requested to grant;
  2. Statement of Grounds. A concise statement of the grounds upon which the motion is based;
  3. Statement of Issues. A concise statement of the issue(s) of law upon which the court is requested to rule;
  4. 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 or 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 good cause is shown for such publication by an opposing party. Depositions used in this fashion shall remain unopened and not a part of the court file unless otherwise ordered by the court; and
  5. Legal Authority. Any legal authority relied upon must be cited. 

Provided, however, that items 2 through 5 above may be contained in memorandum of authority in support of the motion.

 

Limits to Replies. Replies shall be limited to the issues or facts raised by the responding party in the response to the motion.

 

Assignment of Judge. All dispositive motions shall be noted to be heard by the judge who has been assigned to preside over the case.

 

Courtesy Copies. Courtesy copies of all documents to be considered by the court shall be provided to the judges pursuant to the same schedule as noted above and as further provided in the local court rules.

 

This rule is not intended to modify or replace any mandatory forms required by law.

 

RULE NO. 12

COMPUTATION OF TIME

 

Pursuant to Civil Rule 6, in computing any period of time prescribed or allowed by these rules, the day of the act, event, or default from which the designated period time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday nor a legal holiday. Legal holidays are prescribed in RCW 1.16.050. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

 

RULE NO. 13

MOTIONS IN DISSOLUTION ACTIONS

 

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 Court Rule 11 and shall be supported by the affidavit or declaration of the moving party.

 

When one of the parties is pro se, a blank affidavit or declaration shall be attached to the show cause order and served on the other party with directions in the show cause order as follows: "Any information that you want the judge to consider must be based on personal knowledge, written, and sworn under penalty of perjury. Two (2) days, excluding a Saturday, a Sunday or a legal holiday, before the date set for the hearing, you must file copies with the clerk of the court and give the opposing party or opposing counsel copies of all documents you want the judge to consider. If you do not comply with these rules, the court, in its discretion, may decide not to consider any information you provide. A blank affidavit or declaration form is provided for your use."

 

Courtesy copies shall be delivered to the assigned judge as further provided by the local court rules.

 

In the event the above motions 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.

 

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 otherwise directs.

 

RULE NO. 14

MOTIONS TO SHORTEN TIME

Motions to shorten time for a hearing shall be granted only upon good cause shown. Such motions shall contain a written certification that the other parties pro se 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.

 

RULE NO. 15

COURTESY COPIES

 

Courtesy copies of all briefs, affidavits and declarations, and other documentary evidence to be considered by the court shall be provided to the judge assigned to preside over the trial or hearing on the same time schedules as provided in the court rules or local rules herein. The upper right hand corner of the first page of each courtesy copy shall contain the words "Courtesy Copy" or "Working Copy," the judge’s name, and the date and time of the hearing. The parties or counsel shall deliver the same to the court administrator’s office, who shall provide the same to the assigned judge.

 

RULE NO. 16

TELEPHONIC AND AUDIO-VISUAL HEARINGS AND CONFERENCES

 

The following matters may be heard by telephonic or audio-visual conference:

 

  1. Criminal.

 

Adult criminal preliminary appearances and juvenile criminal preliminary appearances and detention hearings may be heard by telephonic conference.

 

All pretrial appearances and hearings in adult and juvenile criminal cases, except evidentiary hearings, may be heard by audio-visual conference, if the court has audio-visual capabilities.

 

  1. Civil.

 

Ex Parte: An ex parte civil motion or uncontested matters and matters heard by default may be heard telephonically if the judge is then located in another county, upon good cause shown. A written motion and affidavit pursuant to CR 7(b) and Local Rule 11 shall be filed with the Superior Court Clerk prior to such hearing, together with any supporting documents. A proposed order shall also be submitted prior to the hearing. The clerk shall place a call to the judge and shall read the motion, affidavit, and any other supporting documents to the judge. If the judge grants the order, the clerk shall affix the judge's name upon the order with the words "APPROVED TELEPHONICALLY" and the date and time. The clerk shall then process the order in the same manner as any other original order.

 

Hearings. At the discretion of the judge, upon good cause shown, or by agreement of the parties, a telephonic or audio-visual hearing may be held on argument on the form of orders; findings and conclusions; judgments or decrees; nonsubstantive motions, including but not limited to, continuances, estate and guardianship matters, and emergency matters such as temporary restraining orders pending a hearing. The party requesting the telephonic or audio-visual hearing shall file a written motion pursuant to CR 7(b) and Local Rule 11. The service of any such motion shall comply with the provisions of CR 6.

 

  1. Arrangements for Telephonic or Audio-Visual Conferences.

 

Unless otherwise agreed between the parties and the court, or unless otherwise prescribed by written procedures promulgated by the court, any party requesting that any matter be heard by telephonic conference or audio-visual conference shall, after obtaining a date and time from the court administrator, file and serve on all other parties a notice of hearing thereof.

 

It shall be the responsibility of the party requesting the telephonic or audio-visual conference to make necessary arrangements for such conference and to utilize a telephone company conference operator to ensure quality of transmission.

 

Telephonic hearings are scheduled subject to the availability of the judge and are not heard on regular law and motion calendars.

 

RULE NO. 17

FAMILY COURT

 

A party requesting a hearing before Family Court shall file a petition with the Superior Court clerk and obtain a specially set hearing date and time from the court administrator. If no dissolution action has been filed previously, the clerk shall file the petition and other Family Court documents in a special file maintained for such matters. These may be kept in one file and numbered serially. If the petition states that a dissolution action has been filed, the clerk shall file all Family Court documents in the dissolution file as a part of that cause of action, bearing the same cause number.

 

RULE NO. 18

SETTING CASES FOR TRIAL

 

All Notes for Trial Setting on contested cases shall, in addition to counsels' estimate of the time needed for trial, indicate the issues which counsel believe will be in dispute, and shall contain the names and addresses of all attorneys, guardians ad litem, or parties when appearing pro se. Counsel or the parties shall certify that the issues are joined. If opposing counsel disagrees with the statement of issues or estimate of time needed, he/she shall, prior to the trial assignment date, promptly notify the court administrator thereof in writing. All counsel shall file with the Clerk of Court a Notice of Conflict Dates by the date set for trial assignment. Conflict dates shall be limited to previously scheduled vacations and trial dates.

Counsel and/or parties are urged to request sufficient time for these matters. Overestimation is preferred to underestimation of time required.

If a jury trial is requested in a civil case, a jury demand together with the required jury fee must be on file at the time the case is set for trial or the jury will be deemed waived.

Cases will be assigned a specific trial date by the court administrator and counsel and parties appearing pro se shall be advised thereof. Counsel or parties shall be required to be prepared for hearing or trial on the date set regardless of the order in which the matter is set.

For any trial that is stricken or continued for whatever reason, it shall be the responsibility of the attorneys or pro se litigants involved in the case to submit a new Note for Trial Setting and Notice of Conflict Dates requesting that a new trial date be assigned. This includes trials that are bumped due to court conflicts or criminal cases.

All matters calendared 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.

 

RULE NO. 19

SETTLEMENT OF CASES SET FOR TRIAL

 

Whenever any cause set for trial (jury or non-jury) which has been assigned a trial date, is settled or will not be tried for any reason whatsoever, notice shall be given immediately to the court administrator. If this rule is violated and the court incurs unnecessary expenses (such as jury expenses) the court may in its discretion assess such costs.

 

RULE NO. 20

PRETRIAL MOTIONS

 

Pretrial motions in criminal matters shall be specially set with the court administrator by the parties or their attorneys at least ten (10) days preceding trial.

 

RULE NO. 21

DOMESTIC VIOLENCE CALENDAR

 

Matters filed under domestic violence statutes will be calendared by the Superior Court clerk’s staff under the direction of the judges.

 

RULE NO. 22

SETTLEMENT CONFERENCE

 

Any party to a civil lawsuit may, by contacting the court administrator, schedule a pretrial settlement conference with a judge who has not been assigned to preside at any subsequent trial. Attendance at the settlement conference by all parties and counsel shall be mandatory without further hearing, unless the court determines that circumstances exist precluding said attendance. Settlement conferences shall be set and heard no later than 21 days prior to trial. Documentation clearly stating the issues involved shall be submitted by the parties to the conference judge at least two (2) days prior to the conference.

 

COURT RULE NO. 23

FAMILY LAW MANDATORY MEDIATION

 

1. Mediation Required: 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 declaration of invalidity; (b) nonparental child custody proceedings; (c) paternity child custody proceedings; (d) actions brought by parties to non-martial personal relationships involving parenting and/or distribution of assets/liabilities; and (e) petitions for modification of final orders. Mediation proceedings shall be commenced not later than 30 days after the filing and service of the petition and completed at least 45 days prior to the scheduled trial date. The mediation requirement of time limitations may be waived or modified by the court upon motion for good cause shown (see, e.g., RCW 26.09.191), or upon the court’s own motion.

 

2. Mediation Does Not Stay 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.

 

3. Approval of Mediators. Mediators performing mediation services pursuant to this rule must fulfill certain minimum qualifications established by the court. The court administrator shall maintain a list of such minimum qualifications for distribution to the public. In order to fulfill the mediation requirements of this rule, the parties must use the services of a court-approved mediator or mediators. The court administrator shall maintain a list of approved mediators (whether 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.

 

4. Selection of Mediator.

 

(a) The parties may have their case mediated by the mediator of their choice. If the parties cannot agree on the method of selection of the mediator, upon motion the court administrator shall select a mediator on a rotating basis from among the court-approved mediators. For cases filed in Island County, if the parties cannot agree on the method of selection of the mediator and both parties are indigent, the designated Island County dispute resolution center shall be the mediator. (At the time of adoption of this rule, San Juan County had not designated a dispute resolution center.)

 

(b) A mediator has the right to decline to serve in a particular case. If the parties select a mediator who declines to serve, the parties shall select a difference mediator, using the same selection process by which the preceding mediator was selected.

 

5. 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.

 

6. 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.

 

7. Declaration of Completion. Within seven (7) days of completion of mediation, a declaration of completion shall be filed with the court by the mediator. Counsel and the parties 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.

 

8. 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.

 

9. 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.)

 

10. Responsibility for Compliance with Mediation Requirements. The parties shall be responsible for arranging for and completing all mediation requirements established under this rule.

 

11. Effective Date. This rule shall apply to all cases described in section (a) above filed after January 1, 1997 and shall also apply to petitions filed after January 1, 1997 modifying final orders entered before January 1, 1997.

 

RULE NO. 24

COURT RECORD

 

Unless requested by a party and expressly directed by the judge, the following matters will not be reported: Opening statements and closing arguments in non-jury civil trials, ex parte matters on the law and motion calendar, verbal statements in a tape recording or videotape recording used at trial or in a hearing.

 

The court uses an electronic recording device approved by the Office of the Administrator for the Courts which is used to record oral testimony and other oral proceedings in lieu of, or supplementary to, shorthand notes. The use of such device shall rest within the sole discretion of the judges.

 

RULE NO. 25

COURT FILES

 

A file or files signed out from the clerk's office by an attorney or title company shall be returned and signed in within ten (10) days, or earlier if so requested by a judge, court commissioner or clerk of the court. Non-resident attorneys or title companies may withdraw files upon an order based upon such application signed by the court. In such instance the files, when not taken personally, will be mailed by certified mail, return receipt requested. The cost of mailing and return receipt will be assessed to the applicant. The court file shall not be taken apart for any purpose.

 

The clerk shall not permit files to be taken from the clerk’s office by attorneys or title companies not complying with this rule.

 

If an attorney or any other person requests from the clerk an answer to correspondence or confirmation of any pleadings or other documents, the attorney or person requesting the same shall furnish a self-addressed, stamped envelope for the convenience of the clerk.

 

RULE NO. 26

INTERROGATORIES

 

A party submitting interrogatories shall serve and leave with the person to whom the interrogatories are directed the original thereof together with a copy. A copy of the face page containing proof of service may be filed.

 

RULE NO. 27

EXHIBITS

 

In all contested matters, counsel shall cause all exhibits, except such exhibits which are intended for impeachment purposes, to be marked for identification by the clerk in advance of trial.

 

Copies of all documents offered as exhibits, except large maps or drawings, shall be prepared and presented to opposing counsel and to the assigned judge at such time as the exhibits are offered into evidence.

 

After final judgment, the time for appeal having elapsed, and no appeal having been taken, the court, on 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.

 

In any civil cause on a stipulation of the parties, when judgment in the cause shall become final after an appeal, or upon judgment of dismissal or upon filing a satisfaction of judgment, the clerk may return all exhibits and unopened depositions or may destroy them. The court may enter an order accordingly.

 

RULE NO. 28

PRO SE PARENTING PLANS

 

In any action in which the residential care of a minor child or children is an issue and in which none of the parties are represented by counsel, the parenting plan and child support documents shall first be reviewed, approved, and initialed by the Department of Juvenile Court Services of the county in which the action is pending. If a proposed parenting plan is filed, it need not be initialed and approved by Juvenile Court Services, but any parenting plan submitted for court approval must be so initialed and approved.

 

If the parenting plan is the result of mediation, the mediator shall affix a declaration to the parenting plan submitted for court approval, signed under penalty of perjury, that the parenting plan is the result of mediation, the date(s) such mediation occurred, and the name of the mediator and mediation service. The proposed parenting plan and mediator’s declaration shall be provided to Juvenile Court Services for review and approval.

 

RULE NO. 29

TRIAL BRIEFS AND REQUIRED DOCUMENTS

 

In all contested civil and criminal trials, each party shall prepare a trial brief or memorandum of authorities containing the legal issues involved and the authorities supporting same.

 

In addition to the above, in all contested trials in domestic relations matters, each party shall provide the court with the following:

 

  1. A written pretrial information form indicating a proposed division of assets and liabilities substantially in the form set forth in Appendix A.
  2. An updated financial declaration with six months of current wage stubs and the last two years income tax returns attached.
  3. If children are involved, a proposed parenting plan and child support worksheets.

 

Copies of all required documents shall be filed with the clerk, copies served on opposing counsel and courtesy copies provided to the assigned judge by noon two (2) days prior to trial.

 

 

 

RULE NO. 30

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 Appendix B, 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. if the respondent is in default, the decree provides for only that relief requested in the petition, or
  3. if 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.

 

RULE NO. 31

DELIVERY OF FINAL DOCUMENTS TO PARTIES

 

At the time of filing a Decree of Dissolution or Legal Separation or Declaration of Invalidity which has been entered by default, the attorney for the prevailing party shall immediately deliver to his or her client and mail to the other party at his or her last known address a true copy of the decree with the date of filing the original indicated on each copy so delivered or mailed. Proof of service by mailing shall be filed with the clerk of the court by proper affidavit. If the prevailing party is not represented by an attorney, it shall be the prevailing party’s duty to ensure compliance with this rule.

 

RULE NO. 32

INVOLUNTARY COMMITMENT HEARING

 

Involuntary commitment hearings shall be held in the respective counties 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 of each county 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.

 

RULE NO. 33

PROPOSED JURY INSTRUCTIONS

 

Not later than 9:00 a.m. the day on which the case is called for trial, counsel shall deliver to the court and opposing counsel proposed jury instructions which shall be typewritten, each on a separate sheet of paper, and one copy shall not be numbered nor bear the name of counsel.

 

The clerk shall be furnished with the original, and two copies for the use of the court. One copy for the use of the court shall have placed on each proposed instruction the citation of authorities (including the number of the Washington Pattern Jury Instruction, if applicable), and the other copy for the court shall contain neither citations nor the applicable Washington Pattern Jury Instruction.

 

 

RULE NO. 34

NOTICE TO OPPONENT

 

If a public body is involved, or if the opponent's counsel is known, a party applying for an emergency order which would require or forbid the doing of some act shall notify the opponent or his or her counsel and shall request his or her presence at 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.

 

RULE NO. 35

PRESENTATIONS

 

Written Findings of Fact, Conclusions of Law, Decrees, Judgments or orders shall be presented to the judge hearing the matter within 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/or sanctions.

 

RULE NO. 36

CONTINUANCES

 

Continuances may, in the discretion of the Court, be granted upon the agreement of the parties. The parties shall immediately provide the court administrator with a copy of the signed order of continuance.

 

RULE NO. 37

DUTIES OF CLERKS

 

Funds paid pursuant to court order by criminal defendants and juvenile offenders shall be distributed by the clerk of the court in the following order of priority, unless otherwise specifically ordered by the court:

 

  1. Restitution
  2. Court costs
  3. Crime victim compensation assessment
  4. Public Defender funds
  5. Fines
  6. Supervision (probation) fee

 

RULE NO. 38

CLERK'S FEE

 

The clerks of the respective counties of this judicial district shall collect in advance a fee to be determined by each clerk’s office, not to exceed such amounts allowed by statute, for presentation by the clerk to a Superior Court judge or court commissioner for entry of any order for which no fee is already established.

 

 

 

 

RULE NO. 39

FACSIMILE SERVICE OF PLEADINGS AND OTHER PAPERS

 

Pleadings and other papers being filed with the court, except original process, may be served by facsimile transmission upon any pro se party or attorneys of record in accordance with the following procedure.

 

  1. Pleadings and such other papers may only be served by facsimile transmission upon a pro se party or attorney if the intended recipient makes available a facsimile machine at the recipient’s residence or place of business.
  2. Pleadings and such other papers regarding any hearing which total more than 10 pages in the aggregate may not be served by facsimile without prior approval of the intended recipient.
  3. Any pleadings or such other paper 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. 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 5:00 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. The transmitting party shall cause the original of the transmitted pleading or such other paper to be filed with the clerk within five (5) days after the date of transmission.
  6. 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.
  7. Time shall be computed as set forth in Civil Rule 6 and the local court rule herein.

RULE NO. 40

FACSIMILE FILING OF PLEADINGS

 

Documents, including pleadings, may be filed with the clerk by facsimile transmission, provided the clerk’s office has the proper equipment for such purposes, in accordance with the following procedure:

 

  1. Original wills and negotiable instruments may not be filed by facsimile transmission.
  2. Documents transmitted to the clerk by facsimile shall be on 8 " x 11" paper. Any document filed with the clerk pursuant to this rule shall be on bond paper. Documents over ten (10) pages in length may not be filed by facsimile without prior approval of the clerk.
  3. Any document transmitted to the clerk must be accompanied by a facsimile transmittal sheet containing, at a minimum, the following information: case number (if any), case caption, number of pages, sender’s name, sender’s telephone and facsimile numbers. If the clerk is charging a facsimile processing fee, the transmittal sheet shall also include a facsimile fee remittance certification, which shall state the amount of the fee, the check number, the amount of the check, and date the transmitter will be mailing said check.
  4. A document transmitted to the clerk shall be deemed received at the time the clerk’s facsimile machine registers the transmission of the last page. A document received after the close of the clerk of the court’s normal business hours shall be considered received the next normal business day for the court. If a document is not completely transmitted, it shall not be considered received.
  5. The transmitting party shall cause the original of the transmitted document to be filed with the clerk within five (5) days after the date of transmission.
  6. The transmitting party may telephone the clerk’s office to verify receipt of any facsimile transmission. Court personnel will not otherwise verify receipt of a facsimile transmission.
  7. The clerk may charge a service fee for documents transmitted by facsimile for filing. However, courtesy/working copies for the judge shall not incur any such charge.
  8. A document transmitted to another party by facsimile for filing with the clerk may be filed as an original document, pursuant to General Rule 17 (a)(1).
  9. If a document is transmitted by facsimile to another for filing with a court, the person responsible for the filing must attach an original affidavit as the last page of the document, in the format set forth in General Rule 17 (a)(2).

 

RULE NO. 41

JUVENILE COURT JUDGES

 

Every judge is designated as a judge of the juvenile court department.

 

RULE NO. 42

JUVENILE CUSTODY

 

Juvenile Court Services shall screen all detention requests by law enforcement officers for suitability of detention and shall determine whether detention is to be recommended and where such detention shall take place. If detention is not recommended by the department screener, the juvenile shall be promptly released from custody; provided, if the law enforcement officer disagrees with the decision of the screener, the department shall arrange a hearing before a superior court judge or court commissioner; such hearing may be conducted by telephone. The juvenile shall remain in custody until said hearing.

 

RULE NO. 43

JUVENILE DETENTION FACILITIES

 

The Island County juvenile court shall designate appropriate juvenile detention facilities as the Island County juvenile detention facility. Names of designated facilities may be obtained from Island County Juvenile Court Services.

 

The San Juan County juvenile court shall designate appropriate juvenile detention facilities as the San Juan County juvenile detention facility; provided, that the detention area within the San Juan County Sheriff's Department building may be used for detention of juveniles in San Juan County, prior to an initial court appearance, if no adult prisoners are housed in the same detention room.

 

RULE NO. 44

FINANCIAL RESPONSIBILITY FOR COST OF

JUVENILE DETENTION AND PUBLIC DEFENSE

 

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, 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.

 

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.

 

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 offender, of this rule prior to said proceeding and 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. Proceedings to assess costs shall not be held prior to sentencing.

 

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. A show cause hearing with timely notice by Juvenile Court Services 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.

 

RULE NO. 45

JUVENILE COURT DEPENDENCY CALENDAR

 

In Island County, juvenile court routine hearings and reviews regarding dependencies, alternative residential placements, and at-risk youth matters shall be heard every Monday at 1:00 p.m. In San Juan County they shall be heard every Wednesday at 1:30 p.m. Any such juvenile hearings or reviews estimated to take longer than 10 minutes shall be specially set for another time. It shall be the responsibility of the parties and/or counsel to request said special setting by contacting the juvenile court administrator.

 

RULE NO. 46

SANCTIONS

 

Violation of these local rules may result in sanctions, including but not limited to costs to the court caused by said violations.

 

RULE NO. 47

GENERAL

 

These rules are subject to amendment at the direction of the judges. Counsel and litigants should check with the court administrator and/or county clerk to assure that the rules applicable to their matter are currently in effect.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INDEX

Page No.

Application of Rules 1

Authority 1

Clerk’s Fee 14

Clerk’s, Duties of 13

Conduct and Dress Code 2

Continuances 13

Courtesy Copies 5

Court Files 10

Court Records 10

Court Sessions 1

Departments 1

Dependency Calendar, Juvenile Court 17

Dissolution Actions, Motions in 4

Dissolution, Entry by Declaration of Jurisdictional Facts 12

Domestic Violence Calendar 8

Exhibits 11

Facsimile, Filing by 15

Facsimile, Service by 14

Family Court 6

Final Documents, Delivery to Parties 12

General Information 17

Guardian ad Litem Program 2

Interrogatories 10

Involuntary Commitment Hearings 12

Jury Instructions, Proposed 13

Jury Sessions 2

Juvenile Court Judges 15

Juvenile Custody 16

Juvenile Detention and Public Defense, Costs of 16

Juvenile Detention Facilities 16

Law and Motion Calendar 2

Law and Motion Calendar, Scheduling for 3

Mediation, Mandatory for Family Law 8

Non-Judicial Days 1

Notice to Opponent 13

Paper Size 2

Parenting Plans, Pro Se 11

Pleadings 2

Presentations 13

Pretrial Motions 8

Sanctions 17

Setting Cases for Trial 7

Settlement Conferences 8

Settlement of Cases Set for Trial 7

Shortening Time, Motions to 5

Telephonic and Audio-Visual Hearings and Conferences 5

Time, Computation of 5

Trial Briefs and Required Documents 11