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

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

1. 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.
2. Presiding Judge. 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.
3. Court Administrator. 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.

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

1. Matters Not Reported. Unless requested by a party and expressly directed by the judge, the following matters will not be reported:

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; and
4. Videotape recording used at trial or in a hearing.

1. Electronic Recording Device. The court may use 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.

1. Court Sessions: Unless otherwise ordered, court shall be in session every judicial day, except when the judges are absent, from 8:30 a.m. until 4:30 p.m.
2. Non-Judicial Days. Non-judicial days are hereby designated to be every Saturday and Sunday and those days designed by law as legal holidays.
3. Island County Docket:

1. Jury Trials. Jury trials in Island County shall be from 9:30 a.m. until noon in the morning and from 1:30 p.m. until 4:15 p.m. in the afternoon. Jury sessions will be held at such time and for such duration as designated in advance by the court as the docket of cases warrants.
2. Law and Motion Day: Law and motion day for Island County shall be Friday of each week, or such other day as the judges may elect. If any matter is expected to last longer than 15 minutes total, the parties shall obtain a specially set hearing from the Superior Court Administrator’s office. Scheduling on law and motion day will be as follows:

1. 9:00 a.m.: Closed hearings, including adoptions.
2. 9:30 a.m.: Civil Motion Calendar begins, in the following order:

1. Ex parte matters.
2. Supplemental proceedings.
3. Paternity motions where paternity has previously been determined.
4. Uncontested matters in probates and guardianships.
5. Uncontested dissolutions.
6. All orders to show cause and/or motions in domestic actions.
7. Other orders to show cause and/or motions in civil cases.
8. Motions and orders subsequent to judgment and motions for summary judgment.
9. Readiness hearings.

1. 1:30 p.m.: Criminal Motion Calendar: Adult criminal and juvenile offender arraignments, motions and sentencing.

1. Pro Se Dissolutions. Pro Se dissolutions will be heard in Island County at 8:15 a.m. on Tuesday and Thursday.
2. Court Commissioner Calendar. The court commissioner shall hear the following matters every Monday, or if Monday falls on a legal holiday, then on the following Tuesday:

1. 9:00 a.m.: Paternity Actions.
2. 9:30 a.m.: Domestic Violence .
3. 1:00 p.m.: Juvenile Matters. Juvenile court routine hearings and reviews regarding dependencies, at-risk youth and CHINS proceedings.
4. 3:00 p.m.: Truancies.

1. San Juan County Docket:

1. Jury Trials. Jury trials in San Juan County shall be from 8:45 a.m. until noon in the morning and from 1:30 p.m. to 3:30 p.m. in the afternoon. Jury sessions will be held at such time and for such duration as designated in advance by the court as the docket of cases warrants.
2. Law and Motion Day. Law and motion day for San Juan County shall be Monday of each week, or such other day as the judges may elect. If any matter is expected to last longer than 15 minutes total, the parties must obtain a specially set hearing from the Superior Court Administrator’s office. Scheduling on law and motion day will be as follows:

1. 9:00 a.m.: Closed hearings, including adoptions, uncontested dependencies, paternity, and alcohol/mental hearings.
2. 9:00 a.m.: Domestic matters, including pro se dissolution, domestic violence, and antiharassment.
3. 9:30 a.m.: Civil Motion Calendar begins, in following order:

1. Dissolution Matters
2. Civil Matters, including readiness hearings, orders of default, supplemental proceedings, other civil matters and summary judgments.

1. 10:30 a.m.: Adult Criminal Matters.
2. 1:00 p.m.: Special Settings. . . . All special settings must be scheduled through the Superior Court Administrator’s Office.

1. Juvenile Matters. Juvenile matters in San Juan County, including offender matters, will be heard on Wednesdays, beginning at 12:15 p.m.

1. Note for Motion Calendar. All notices for the law and motion calendar shall be filed with the San Juan County clerk of the court no later than 4:30 p.m. seven (7) days preceding the day of the hearing and with the Island County clerk of the court no later than 4:30 p.m. nine (9) days preceding the day of the hearing.
2. Service of Notices, Motions, Responses, and Replies. Copies of the motion, note for calendar, together with all supporting documents including affidavits, declarations and certified statements in civil cases shall be served on all counsel or pro se parties, at least nine (9) days before the date of the scheduled hearing. Responsive documents, including briefs, if any, shall be filed with the clerk and copies served on all parties no later than 4:00 p.m. two (2) days prior to the hearing. Documents in strict reply thereto shall be similarly filed and served no later than 4:00 p.m. one (1) day prior to the hearing. No additional responses or replies will be permitted from either party without prior permission from the court.
3. 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 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; and
5. Legal Authority. Any legal authority relied upon must be cited.
6. Provided, however, that items b through e above may be contained in a memorandum of authority in support of the motion.

1. Limits to Replies. Replies shall be limited to the issues or facts raised by the responding party in the response to the motion.
2. Assignment of Judge. All dispositive motions shall be noted to be heard by the judge who has been assigned to preside over the case, except (a) upon agreement of the judge, (b) upon agreement of the parties or attorneys, and (c) only upon good cause shown.
3. 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.
4. Form of Pleadings and Other Motions. After 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 ½" 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 the first page for the clerk’s date stamp. The first page shall have a 2 ½" top margin and all subsequent pages shall have a 1 ½" top margin.
5. Mandatory Forms. This rule is not intended to modify or replace any mandatory forms required by law.

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.

1. Computation. Pursuant to Civil Rule 6, the computation of a time period begins on the day after the triggering act, event, or default occurs, and includes the last day of the period computed. If the defined period of time would expire on a Saturday, Sunday, or legal holiday, the time period is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. Legal holidays, as prescribed in RCW 1.16.050, include New Year’s Day, birthday of Dr. Martin Luther King, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, and Christmas Day. When a defined period is seven (7) days or more, then intermediate Saturdays, Sundays, and legal holidays are counted; when a defined time period is less than seven (7) days, then intermediate Saturdays, Sundays, and legal holidays are excluded from the calculation.
2. Additional Time after Service by Mail. If service of a notice or other paper is allowed by mail, three (3) days shall be added to the prescribed period.
3. Civil Rule 6. This local rule is not intended to change Civil Rule 6.

Motions to shorten time for a hearing shall be granted only upon good cause shown. The party requesting motion and 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 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.

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, which shall provide the same to the assigned judge.

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.

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 Pro Se. 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."
3. Courtesy Copies. Courtesy copies shall be delivered to the assigned judge as further provided by the local court rules.
4. Special Set Hearings If Longer Than 15 Minutes. 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.
5. 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 otherwise directs.

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 (and the clerk’s office in San Juan County) shall maintain a list for each respective county 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.

1. 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.)
2. 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 different mediator, using the same selection process by which the preceding mediator was selected.

1. 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.
2. 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.
3. 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.

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. Failure to Comply. Willful refusal to participate in mediation or willful delay in completion of a court ordered mediation by any party may result in sanctions, pursuant to Local Rule 38, Sanctions.
12. Effective Date. This rule shall apply to all cases described in paragraph 1 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.

1. Review of 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.
2. Declaration when Parenting Plan is Result of Mediation. If the pro se 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.

1. Applicable Cases. This rule shall apply to all cases filed after September 1, 1998, under Ch. 26.09, Ch. 26.10, or Ch.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.
2. Mandatory Attendance. In all cases governed by this rule, all parties shall complete a parenting seminar approved by the court. The court shall establish standards for parenting seminars and shall approve seminar providers.
3. Timing. Parties required by this rule to participate in a parenting plan seminar shall complete an approved parenting seminar within 90 days of service of a petition or motion initiating the action that 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. Fees. Each party attending a seminar shall pay a fee charged by the approved provider and sanctioned by the court.
5. Special Consideration/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 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.

1. The court may waive a party’s attendance or extend the time required for attendance at a seminar for good cause shown.

1. 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 may result in sanctions, pursuant to Local Rule 38, Sanctions.
2. Approval of Seminar. If no parenting seminar has been approved by the court for the particular county involved, this rule shall have no effect. A list of approved parenting seminars shall be available from the Superior Court administrator, juvenile court administrator, or the county clerk.

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 an attorney does not represent the prevailing party, it shall be the prevailing party’s duty to ensure compliance with this rule.

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

1. Criminal.

1. Adult criminal preliminary appearances and juvenile criminal preliminary appearances and detention hearings may be heard by telephonic conference.
2. 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.

2. Civil.

1. 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 7 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 or fax 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.
2. Hearings. At the discretion of the judge and upon good cause shown, 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 and serve a written motion pursuant to CR 6, CR 7(b) and Local Rule 7.

3. Arrangements for Telephonic or Audio-Visual Conferences.

1. Notice of Hearing. 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.
2. Arrangements for Conference Operator. 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. If the quality of transmission is poor the court may terminate the hearing.

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

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. The parties shall provide documentation clearing stating the issues involved to the conference judge at least two (2) days prior to the conference.

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.

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.

1. Statement of Issues and Estimate of Time. 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, opposing counsel shall, prior to the trial assignment date, promptly notify the court administrator thereof in writing. Counsel and/or parties are urged to request sufficient time for these matters. Overestimation is preferred to underestimation of time required.
2. Notice of Conflict Dates. 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.
3. Request for Jury Trial. 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.
4. Assignment of Specific Trial Date. 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.
5. Continuances. Continuances may, in the discretion of the Court, be granted upon agreement of the parties and upon presentation of an order of continuance. However, if the continuance is sought within thirty (30) days of the assigned trial date, the moving party shall be required to bring a motion for continuance, supported by affidavits, with notice to the opposing party, and properly note the matter pursuant to local court rules. The parties shall immediately provide the court administrator with a copy of the signed order of continuance and within 10 days shall submit a new note for trial assignment and notice of conflict dates.
6. Requirements for New Trial Dates. 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 assignment and notice of conflict dates requesting that a new trial date be assigned. This includes trials that are bumped due to court conflicts or priority settings.
7. Priority Settings. All calendar 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.
8. 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.

The court administrator shall set readiness hearings in all civil and domestic cases approximately a month prior to the assigned trial date. Matters to be resolved at the readiness hearing may include the following:

1. Completion of mediation (where appropriate);
2. Confirmation of length of trial;
3. Necessity or appropriateness of a continuance (if requested pursuant to local rule herein); and
4. Presentation of discovery motions (if any).

1. Exhibits Marked in Advance of Trial. 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.
2. Copies Provided to All Counsel and Judge. 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.
3. Withdrawal of Exhibits by Party Entitled to Possession. After final judgment, if the time for appeal has elapsed and no appeal has 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.
4. Clerk May Return or Destroy Exhibits and Unopened Depositions. 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.

1. Trial Brief or Memorandum. 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.
2. Other Required Documents. 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.

1. Time. 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.

1. Numbered and Identified Copies. 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, counsel shall provide three typewritten copies of proposed jury instructions, each on a separate sheet of paper and numbered and identified as to proposing party, along with supporting annotations and the number of the Washington Pattern Jury Instruction, if applicable:

1. One copy to the trial court;
2. One copy to the clerk to be filed;
3. One copy to the opposing party.

1. Set Without Numbers and Identification. Additionally, counsel shall provide the trial court with one 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 Washington Pattern Jury Instruction number, and no identification as to proposing party. The set to be given to the jury shall also include a title page entitled "Court’s Instructions to the Jury," pursuant to WPI and WPIC 1.01.01.

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.

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.

1. Signing Out Court Files. Any file 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.
2. Compliance with Rule. The clerk shall not permit files to be taken from the clerk’s office by attorneys or title companies not complying with this rule.
3. Self-Addressed, Stamped Envelope. 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.

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

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.

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. Fax Machine Availability. 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. Length. Pleadings and such other papers regarding any hearing which total more than 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 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. 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 the local court rule herein.

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. Facsimile Transmission Authorized; Exceptions. Except as set forth in this rule, the clerks of the court may accept for filing documents sent directly to the clerk or to another by electronic facsimile (fax) transmission. A fax copy shall constitute an original for all court purposes. The attorney or party sending the document via fax to the clerk or to another 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."
2. Original Affidavit or Declaration Attached as Last Page. 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. The affidavit must bear the name of the court, case caption, case number, the name of the document to be filed, and a statement that the individual signing the affidavit has examined the document, determined that it consists of a stated number of pages, including the affidavit page, and that it is complete and legible. The affidavit shall bear the original signature, the printed name, address, phone number and facsimile number of the individual who received the document for filing. The original affidavit or declaration shall be filed with the document.
3. Clerk May Use Fax to Transmit Documents Requiring Personal Service. The clerk of the court may use fax transmission to send any document requiring personal service to one charged with personally serving the document. Notices and other documents may be transmitted by the clerk to counsel of record by fax.
4. Clerks May Charge Reasonable Service Fees. The clerk of the court may charge reasonable fees to be established by the Office of the Administrator for the Courts, for receiving, collating, and verifying fax transmissions. However, courtesy/working copies for the judge shall not incur any such fee.
5. Prior Approval Needed for Certain Documents. Without prior approval of the clerk of the receiving court, facsimile transmission is not authorized for judge’s working copies (courtesy copies) or for those documents for which a filing fee is required. Original wills and negotiable instruments may not be filed by facsimile transmission.
6. Form; Bond Paper. Documents transmitted to the clerk by facsimile shall be on 8 ½" x 11" paper. The clerk shall neither accept nor file a document unless it is on bond paper.
7. Length. Documents over 25 pages in length may not be filed by facsimile without prior approval of the clerk. Due to fax machine limitations, any fax transmission to the San Juan clerk’s office over 10 pages in length must be pre-approved before transmitting.
8. Fax Transmittal Sheet. Any document transmitted to the clerk by fax must be accompanied by a facsimile transmittal sheet containing the following information: case number (if any), case caption, number of pages, sender’s name, sender’s voice and facsimile telephone 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. Transmittal sheets are not considered legal filings.
9. Receipt of Documents. A document transmitted directly to the clerk of the court shall be deemed received at the time the clerk’s fax machine electronically 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. 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.
10. Verification of Transmittal. 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.
11. Procedures for Collecting Fax Service Fees. The clerk shall develop procedures for the collection of fax service fees for those documents transmitted directly to the clerk. Nonpayment of the fax service fee shall not affect the validity of the filing.
12. Agencies or Individuals Not Exempt from Filing Fee. Agencies or individuals exempt from filing fees are not exempt from the fax service fees for documents transmitted directly to the clerk.
13. Facsimile Machine Not Required. Nothing in this rule or other rule allowing service by facsimile transmission shall require an attorney, a party, or a clerk of a court to have a facsimile machine.
14. Original to Be Filed in San Juan. In San Juan County, the transmitting party shall cause the original of the transmitted document to be filed with the San Juan clerk within five (5) days after the date of transmission.

1. Island County. The Island County juvenile court shall designate appropriate juvenile detention facilities as the Island County juvenile detention facility; provided, that the detention area within the Island County Jail may be used for detention of juveniles in Island County, prior to an initial court appearance, if no adult prisoners are housed in the same detention area. Names of designated facilities may be obtained from Island County Juvenile Court Services.
2. San Juan County. 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.

Violation 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.

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.

This judicial district has a volunteer guardian ad litem program. Rules and details may be obtained from Juvenile Court Services in the respective counties and from the clerk’s office in San Juan County.

GUARDIANS AD LITEM

1. Court. Court shall mean any Superior Court in the State of Washington and all divisions thereof.
2. Guardian ad Litem. Guardian ad litem shall mean any person appointed in a Title 11, 13, or 26 RCW action under the Revised Code of Washington to represent the best interest of a child or an alleged incapacitated person, except as specifically provided for in these rules.
3. Judge. Judge shall mean a judicial officer of the Superior Court, including commissioners and judges pro tempore.
4. Registry. Registry shall mean the list of people and/or CASA programs authorized by the court to serve as guardians ad litem.

Consistent with the responsibilities set forth in Titles 11, 13, and 26 of the Revised Code of Washington and other applicable statutes an rules of court, in every case in which a guardian ad litem is appointed, the guardian ad litem shall perform the responsibilities set forth below. For purposes of these rules, a guardian ad litem is any person who is appointed by the court to represent the best interest of the children or alleged incapacitated person or to assist the court in determining the best interest of the children or alleged incapacitated person, regardless of that person’s title, except a person appointed pursuant to Section 6 herein (Limited Appointments).

1. Represent Best Interests. The guardian ad litem shall represent the best interests of the persons for whom he or she is appointed. Representation of best interests may be inconsistent with the wishes of the person whose interests the guardian ad litem represents. The guardian ad litem shall not advocate or advise any party in any way that would create in the mind of a reasonable person an appearance of representing that party.
2. Maintain Independence. The guardian ad litem shall maintain independence, objectivity and the appearance of fairness in dealings with parties and professionals, both in and out of the courtroom.
3. Professional Conduct. The guardian ad litem shall maintain the ethical principles of the guardian ad litem’s own profession, if applicable.
4. Remain Qualified for Registry. Unless excepted by statute or court rule, the guardian ad litem shall remain qualified for the registry of each county in which the guardian ad litem serves and shall promptly advise each such court of any grounds for disqualification or unavailability to serve.
5. Avoid Conflicts of Interest. The guardian ad litem shall avoid any actual or apparent conflict of interest or impropriety in the performance of guardian ad litem responsibilities. The guardian ad litem shall avoid self-dealing or association from which the guardian ad litem might directly or indirectly benefit, other than for compensation as guardian ad litem. The guardian ad litem shall take action immediately to resolve any potential conflict or impropriety. The guardian ad litem shall advise the court and the parties of action taken, resign from the matter, or seek court direction as may be necessary to resolve the conflict or impropriety.
6. Treat Parties with Respect. The guardian ad litem shall treat the parties with respect, courtesy, fairness and good faith regardless of race, color, creed, religion, national origin, cultural heritage, gender, age, education, economic status, marital status, family status, sexual orientation or disability.
7. Become Informed About Case. The guardian ad litem shall make reasonable efforts to become informed about the facts of the case, and shall exercise independent judgment over the reliability of any information obtained. The guardian ad litem shall examine material information and sources of information, taking into account the positions of all parties.
8. Make Requests for Evaluations to Court. The guardian ad litem shall ask the court to order tests or evaluations as necessary to assist in the guardian ad litem’s evaluation and recommendations. The guardian ad litem shall not require any evaluations or tests of the parties except as authorized by court order.
9. Timely Inform Court of All Material Information. The guardian ad litem shall timely inform the court and the parties of all information disclosed or made available to the guardian ad litem which is material to the guardian ad litem’s recommendations until the guardian ad litem is discharged from the case.
10. Limit Duties to Those Ordered by Court. The guardian ad litem shall comply with the court’s instructions as set out in the order appointing the guardian ad litem, and shall not provide services beyond the scope of the court’s instruction or beyond the rules and policies of a supervised Court Appointed Special Advocate (CASA) program. The guardian ad litem shall seek additional instruction, clarification and/or expansion of the scope of the appointment when appropriate.
11. Inform Individuals about Role in Case. The guardian ad litem shall inform individuals contacted in a particular case about the role of the guardian ad litem in the case. The guardian ad litem shall advise information sources that the documents and information obtained may become a part of court proceedings.
12. Appear at Hearings. The guardian ad litem shall appear at any hearing regarding issues substantially related to the duties of the guardian ad litem.
13. Ex Parte Communication. The guardian ad litem shall not have ex parte communications with the judge(s) involved in a matter except as approved pursuant to a hearing of which all parties received adequate notice.
14. Maintain Privacy of Parties. The guardian ad litem shall maintain the privacy of the parties and the confidentiality of information obtained pursuant to the investigation, and shall make no disclosures about the case or investigation except in reports to the court or as necessary to perform the duties of the guardian ad litem. The guardian ad litem shall not discuss a case with the media except as authorized by law or by order of the court.
15. Perform Duties in Timely Manner. The guardian ad litem shall perform responsibilities in a prompt and timely manner, and request timely court reviews and judicial intervention, if necessary.
16. Maintain Documentation. The guardian ad litem shall maintain adequate documentation to substantiate recommendations and conclusions.
17. Keep Records of Time and Expenses. To the extent a guardian ad litem is being compensated for services and/or expenses, the guardian ad litem shall keep accurate records of the time spent and expenses incurred in each case and shall submit a monthly billing to each party and other entity responsible for payment for each calendar month in which time and/or expenses are incurred by the guardian ad litem in the course of his or her duties. Before providing any services exceeding the maximum guardian ad litem fee authorized, the guardian ad litem or party requesting additional services must establish the need for such services and obtain an order of the court authorizing the services. The guardian ad litem is not entitled to reimbursement for any time or expense claimed by the guardian ad litem that exceeds the authorized amount.
18. Knowledge of Diversity Issues. The guardian ad litem shall be knowledgeable about and appreciative of issues such as religious background, racial or ethnic heritage, and cultural and socio-economic diversity.
19. Knowledge of Community Resources. The guardian ad litem shall be knowledgeable about community resources for placement, treatment, and other necessary services.

1. Role. Unless otherwise specified in the Order of Appointment, the roles and responsibilities of the guardian ad litem are those roles and responsibilities specified in RCW 13.34.105 and applicable court rules.
2. Explore Concurrent Planning. The guardian ad litem shall explore concurrent planning and make a timely recommendation to the court for a permanent plan for the child.

1. Access to Party. Unless circumstances warrant otherwise, the guardian ad litem shall have access to the persons for whom the guardian ad litem is appointed and to all information relevant to the issues for which the guardian ad litem was appointed. The access of the guardian ad litem to the child or alleged incapacitated person and all relevant information shall not be unduly restricted by any person or agency.
2. Timely Receipt of Case Documents. The guardian ad litem shall be timely furnished copies of all pleadings, documents, and reports by the party which served or submitted them.
3. Timely Notification. The guardian ad litem shall be timely notified of all court hearings, administrative reviews, staffing, investigations, dispositions, and other proceedings concerning the case by the person or agency scheduling the proceeding.
4. Notice of Proposed Agreements. The guardian ad litem shall be given notice of, review, and approve or make recommendations regarding any proposed agreed order governing issues substantially related to the duties of the guardian ad litem.
5. Participate in All Proceedings. The guardian ad litem shall have the right to participate in all proceedings through submission of written and oral reports and as otherwise authorized by statute and court rule, subject to the Rules of Evidence and the right of the parties to cross-examine and impeach such evidence.
6. Access to Records. Except as limited by law or unless good cause is shown to the court, upon receiving a copy of the order appointing the guardian ad litem, any person or agency, including but not limited to any hospital, school, child care provider, organization, department of social and health services, doctor, health care provider, mental health provider, chemical health program, psychologist, psychiatrist, or law enforcement agency, shall permit the guardian ad litem to inspect and copy any and all records and interview personnel relating to the proceeding for which the guardian ad litem is appointed.
7. Access to Court Files. Within the scope of appointment, the guardian ad litem shall have access to all Superior Court files and all juvenile court files, including any sealed and confidential portions thereof. All information obtained from sealed or confidential files shall remain sealed or confidential, and the guardian ad litem shall not disclose said information except in oral or written reports to the court, the parties and their counsel. If the oral or written reports contain information from sealed or confidential files, the guardian ad litem shall inform the court and shall not provide any oral testimony in court regarding such information except in a closed court hearing unless prior permission of the court has been granted and shall not file any written report containing such information in the court file unless prior permission of the court has been granted. The clerk of the court shall provide certified copies of the order of appointment to the guardian ad litem upon request and without charge.
8. Additional Rights and Powers. Where necessary to fulfill the guardian ad litem’s duties, in addition to the other rights and powers in this rule, in every case in which a guardian ad litem is a party to the case, the guardian ad litem shall have the rights and powers set forth below. These rights and powers are subject to all applicable statutes and court rules. The exercise of these rights and powers shall not constitute the unauthorized practice of law.

1. File documents and respond to discovery. The guardian ad litem shall have the right to file pleadings, motions, notices, memoranda, briefs, and other documents, and conduct and respond to discovery, on behalf of the persons for whom the guardian ad litem was appointed. The guardian ad litem may exercise these rights on her or his own or may seek the appointment of an attorney to act on her or his behalf.
2. Note motions and request hearings. The guardian ad litem shall have the right to note motions and request hearings before the court as appropriate to the best interests of the persons for whom the guardian ad litem was appointed.
3. Introduce exhibits, examine witnesses, and appeal. The guardian ad litem shall have the right to introduce exhibits, subpoena witnesses, conduct direct and cross-examination of witnesses, and appeal the decision of the court.
4. Oral argument and submission of reports. The guardian ad litem shall have the right to fully participate in the proceedings through oral arguments and submission of written reports.

The order appointing guardians ad litem appointed pursuant to Title 26 et seq. shall be substantially in the form found in Appendix C, "Order Appointing Guardian ad Litem."

There may be situations where the court wishes to appoint a person in addition to, or instead of, a guardian ad litem to fulfill very limited roles. This will help avoid conflict of interest situations for guardians ad litem serving in a case and will limit the time and expense spent on cases which do not require a guardian ad litem. A person appointed pursuant to this rule is not subject to the Guardian ad Litem Rules, but is strictly limited to the duties of the role below selected by the court. If the Order of Appointment does not specifically designate a limited appointment as listed below, the person appointed is presumed to be a guardian ad litem, subject to the Guardian ad Litem Rules. The court may make the following limited appointments:

1. Mediator. The court may either appoint or refer to a person or agency whose role is to assist the parties in reaching an agreement about any or all contested issues in the case.
2. Investigator/Parenting Investigator. The court may appoint a person to gather information for presentation to the court regarding a specific issue or issues.
3. Evaluator. The court may appoint or refer to a person or agency for evaluation and findings regarding a specific issue or issues including but not limited to mental health, substance abuse, issues of abuse or neglect, cultural factors, and sexual deviancy.
4. Visitation Supervisor. The court may appoint or refer to a person or agency to supervise visits and report findings to the court.
5. Parent Appointed for Minor Parent. The court may appoint a parent to serve as a guardian ad litem for a minor parent in a parentage action.
6. Settlement of Minors’ Claims. The court may appoint a person for the limited purpose described in Special Proceedings Rule (SPR) 98.16W.
7. Other. Under exceptional circumstances, upon good cause shown, the court may make other limited appointments, as it deems necessary.

Statement of Purpose and Scope of Rule. The purpose of this rule is to establish procedures for the filing and dispositions of grievances against guardians ad litem and court appointed special advocates.

1. Filing of Motion. Any party to a proceeding involving a guardian ad litem may file a motion concerning the guardian ad litem with the court as set out in CR 7(b) and in these local rules.
2. Contents of Motion. The motion shall allege improper actions or conduct by the guardian ad litem. The motion shall refer to specific provisions of the guardian ad litem roles and responsibilities and/or specific duties in the order appointing the guardian ad litem that the guardian ad litem has allegedly improperly followed. The motion shall also list specific relief sought.
3. Answer. Once the motion is filed, the guardian ad litem shall be able to provide an answer, in writing, to the judge in response to the charges alleged in the motion. The guardian ad litem shall be given seven (7) days to file such an answer with the court.
4. Hearing on Motion. If the court determines that there is good cause to bring the parties together at a hearing, a hearing on the motion shall be scheduled within 45 days by the complainant and shall serve notice of such hearing on all parties to the case. At the hearing the court shall make determinations on the allegations in the motion based on testimony and evidence presented. If no hearing is held, the court may request testimony on the matter to be submitted in writing from all parties having information concerning the motion and shall make determinations on the allegations in the motion based on the testimony received.
5. Order on Motion. The court shall rule on the motion and set forth the findings in an order on the motion. The court may dismiss the motion, order the guardian ad litem removed from the case, amend the order appointing the guardian ad litem, or take other action as the court sees fit.
6. If Guardian Ad Litem Removed. If the guardian ad litem is removed from the case, the court shall enter findings of fact in an order for dismissal. If the court finds that disciplinary actions need to be taken against the guardian ad litem, the court shall proceed as detailed below in Section 6.3, filing a complaint by motion of the court. Any order to dismiss made by the court shall be placed in the guardian ad litem’s file held by the court.

1. Complaint. Any person may file a complaint against a guardian ad litem on the registry in this county with the Superior Court administrator, or designee.
2. Contents of Complaint. The complaint shall allege improper actions or conduct by a guardian ad litem. The complaint shall refer to specific provisions of the guardian ad litem roles and responsibilities or specific provision of the guardian ad litem’s professional code of conduct if the guardian ad litem is a member of a profession with its own code of ethical conduct (such as the WSBA or similar professional association). The complaint shall also list any specific sanctions sought.
3. Acknowledgment of Complaint. The Superior Court administrator, or designee, shall acknowledge the receipt of the complaint in writing to the complainant. Included in the letter shall be an explanation of the procedure that will be followed and an expected time frame for the resolution of the complaint.
4. Initial Review. The Superior Court administrator, or designee, shall make an initial investigation into the complaint and determine if the complaint has merit. This investigation shall include a review of the guardian ad litem’s file and review of any past complaints. The Superior Court administrator, or designee, may dismiss the complaint with a written letter to the complainant stating the reasons for dismissal of the complaint. If the complaint is not dismissed, the Superior Court administrator, or designee, shall forward the complaint to the judge that has been assigned to hear such complaints and to the guardian ad litem against whom the complaint has been made.
5. Answer. The guardian ad litem shall be able to file a written answer to the allegations in the complaint with the court. The guardian ad litem shall be given not less than 14 days, from the date the complaint is forwarded, in which to file such answer with the court.
6. Hearing on Complaint. If the court determines that there is good cause to bring the parties in the matter together at a hearing, the complainant shall schedule a hearing to be held within 60 days of the filing of the complaint and shall serve notice of such hearing on all parties. At the hearing the court shall hear evidence and testimony and make a determination on the allegations made in the complaint. The judge shall set forth the findings in an order on the complaint. If no hearing is held, the court may request information on the matter to be submitted in writing from all parties having information concerning the complaint. The judge shall then make a determination on the complaint and set forth the findings in an order on the complaint. Any order made by the court shall be placed in the guardian ad litem’s file held by the court.
7. Sanctions. If it is determined that sanctions should be levied against the guardian ad litem, the court shall set forth in an order specifically what the sanctions against the guardian ad litem will be. In determining the sanctions, the court may consider any prior sanctions or disciplinary actions taken against the guardian ad litem, either as a guardian ad litem or as a member of a professional association (such as the WSBA). The court may order admonishment, a letter of censure, a suspension from being able to perform the duties of a guardian ad litem for a finite period of time, removal of the guardian ad litem from the registry, or other actions as the court determines fit.
8. Appeal. The guardian ad litem may file a written appeal to any sanction ordered by the court with the Presiding Judge. After reviewing the facts of the case, the Presiding Judge shall make a decision on the appeal. The Presiding Judge’s decision shall be the final decision in the matter.
9. Removal from Registry. If the court orders the guardian ad litem’s removal from the registry, the Superior Court administrator, or registry coordinator, shall remove the name of the guardian ad litem from the court’s registries for all case types. The Superior Court administrator, or registry coordinator, shall also send a memo to all superior courts in Washington informing them of the guardian ad litem’s removal from the applicable county’s registry.

SUPERIOR COURT OF WASHINGTON

COUNTY OF ______________________

In Re the Marriage of No. ______________________________

DOMESTIC RELATIONS

Petitioner, PRE-TRIAL INFORMATION

and SUBMITTED BY

Respondent.

1. INFORMATION

2. Date of Marriage:
3. Dependent children living with either party:

1. Of this marriage:

Name Age With Whom Residing

2. Children of former marriages:

1. INCOME & EMPLOYMENT

1. Husband:

1. Employer’s name and address:
2. Net take-home pay per month: $
3. Other income: Source Monthly Amount

1. Wife:

1. Employer’s name and address:
1. Net take-home pay per month: $
2. Other income: Source Monthly Amount

1. ASSETS & LIABILITIES

III. ASSETS & LIABILITIES

PROPERTY DIVISION PROPOSED BY WIFE

Real Estate:

Family Home (FMV) $60,000

Less: Mortgage to

Hometown Bank ( 30,000)

Net Equity: $30,000

Motor Vehicles:

1985 Chev. Caprice

(FMV) $ 8,500

Less: Loan to

Credit Union ( 5,000)

Net Equity: 3,500

Household Goods:

Living room furniture 750

Console TV 600

Bedroom Furniture 500

Kitchen Appliances 300

Misc. Dishes/utensils 200

Total Household Goods 2,350

Cash: (from savings acct) 1,500

Clothing & Personal Effects: 1,000

Total Value Community Property

Awarded to Wife: $ 38,350

Less Debts Assumed by Wife:

Sears 450

VISA 600

Total Debts: ( 1,050)

Net Value of Award to Wife: $ 37,300

Less: Lien on Family Home ( 6,375)

Separate Property:

100 Shares Puget Power (from father) 2,000

Pension (Present Cash Value

at dissolution) $20,000

Motor Vehicles:

1983 Ford pickup (FMV) $ 5,000

Less: Loan to Second

National Bank ( 2,000)

Net Equity: 3,000

Household Goods:

Living Room Furniture 500

Bedroom Furniture 350

Misc. Dishes/utensils 150

Total Household Goods: 1,000

Cash (from checking & savings) 1,000

Power Tools 350

Clothing & Personal Effects 750

Total Value of Community Property

Awarded to Husband: $26,100

Less Debts Assumed by Husband:

Bon Marche 350

Mastercard 500

Ace Finance Company 700

Total Debts: ( 1,550)

Net Value of Award to Husband: $24,530

Plus: Lien on family home 6,375

Dated:

Signature

_____________________________________________,

Petitioner,

REQUEST FOR ENTRY OF DECREE

and AND DECLARATION OF

JURISDICTIONAL FACTS

_____________________________________________,

Respondent.

In Re: NO.

Petitioner, ORDER APPOINTING

and GUARDIAN AD LITEM

Respondent.

1. CHILDREN TO WHOM THE ORDER APPLIES.

2. BASIS FOR APPOINTMENT.

1. After reviewing the case record to date and the basis for the motion, the Court FINDS that the motion should be granted because the appointment of a guardian ad litem is in the best interests of the children.
2. The Court finds that the following issues should be investigated by the Guardian ad Litem in preparing a report for the court:

• residential placement provisions consistent with the children’s best interests and the provisions of RCW 26.09.187 and 26.09.191.

• domestic violence (specify)

• substance abuse (specify)

• special needs (specify)

• mental illness (specify)

• criminal actions (specify)

• cultural factors (specify)

• physical or sexual abuse (specify)

• other (specify)

3. After investigation pursuant to paragraph 2.2, the guardian ad litem shall make recommendations to the court regarding the following:

• All issues specified in paragraph 2.2.
• Other:

2.4 The following tests or evaluations are authorized by the court:

• Any tests or evaluations as necessary to assist in the guardian’s evaluation and recommendations, as determined by the guardian ad litem.
• Only the following tests and evaluations are authorized by the court:

1. APPOINTMENT OF GUARDIAN AD LITEM.

_______________________________________________________________________________ is appointed as guardian ad litem for the above-named children of the parties and shall receive notice of all court proceedings regarding the children.

2. DUTIES OF THE GUARDIAN AD LITEM.

The guardian ad litem’s duties shall be limited to investigating, reporting, and making recommendations to the court regarding the issues indicated in paragraph 2.2 above, unless additional duties are authorized by separate court order. The report shall be submitted to the court and the parties no later than __________________________________unless a written extension is granted by the court for good cause. This report shall include recommendations and basis for those recommendations. In fulfilling his or her duties, the guardian ad litem shall comply with all applicable court rules and statutes. Parties can contact the Superior Court for access to local and state court rules.

Any party presenting an order to the court regarding issues for which the guardian ad litem was appointed must first give the guardian ad litem notice and an opportunity to review and comment to the court regarding the proposed order.

The guardian ad litem shall appear at all court hearings and pretrial conferences unless excused by the court and shall assist the parties and counsel in reaching a resolution of the matters involving the children. If resolution is reached, the guardian ad litem shall assist counsel in drafting a proposal for presentation to the court for approval along with the guardian ad litem’s report.

3. GUARDIAN AD LITEM ACCESS TO RECORDS AND INFORMATION.

The guardian ad litem shall have access to the minor children and information about the children. Each party and their counsel shall cooperate fully in providing access to the guardian ad litem and in providing all requested information.

To facilitate reasonable investigation of information pertaining to the best interests of the children, the guardian ad litem shall have access to all records and information, including authorization to speak with interested persons regarding the parties and the above-named children from the following sources: Child Protective Services (CPS), or the equivalent out-of-state agency; health care providers; mental health care providers; child care providers; Department of Social and Health Services (DSHS), or the equivalent agency in another state; educational institutions; and the following law enforcement agencies: .

The guardian ad litem shall have access to the medical, therapy and counseling records of the parents only if there is an allegation of sexual abuse of the child or neglect and there is a separate court order allowing such access.

These above sources or agencies may withhold or blackout portions of requested information as warranted by law or by court order. The guardian ad litem shall maintain the confidentiality of information except as necessary to fulfill his or her duties as guardian ad litem.

If it is determined by CPS or DSHS, or its equivalent agency in another state, that release of this information is likely to cause severe psychological or physical harm to the juvenile or his or her parents, the agency may withhold the information subject to other order of the court. CPS and DSHS personnel are authorized to speak personally with the guardian ad litem.

Such records and information as authorized herein shall be released directly to the guardian ad litem without further written release by either parent upon presentation of a copy of this Order, either in person or by mail.

Within the scope of appointment, the guardian ad litem shall have access to all Superior Court and Juvenile Court files, including any sealed/confidential portions thereof. All information obtained from sealed or confidential files shall remain sealed or confidential, and the guardian ad litem shall not disclose said information except in oral or written reports to the court, the parties and their counsel. If the oral or written reports contain information from sealed or confidential files, the guardian ad litem shall inform the court and shall not provide any oral testimony in court regarding such information except in a closed court hearing and shall not file any written report containing such information in the court file without permission of the court.

The court clerk shall provide certified copies of this order to the guardian ad litem upon request and without charge.

The guardian ad litem or the parties may move that the court make any reports or documents placed in the court file by the guardian ad litem confidential upon good cause shown.

4. PAYMENT OF FEES AND COSTS.

• _________% by petitioner and ___________% by respondent.
• Other:
• No fee is being charged.

3.5 CONSENT OF CHILDREN OVER TWELVE TO INVESTIGATION.

• Does not apply.
• _______________________________________________________________________ has/have reached the age of twelve. Written consent for the guardian ad litem to consult with and obtain information from medical, psychiatric, or other experts who have served the children in the past  has been given.  has not been given by the child.

1. AUTHORIZATION FOR RELEASE OF INFORMATION.

• Does not apply.
• Each party’s signature hereunder constitutes an authorization for release of information by that party to the agencies listed in paragraph 3.3 above.

1. OTHER:

DATED:

Judge/Commissioner

Presented by: Approved for entry; notice of presentation waived:

Signature (Print name below) Signature (Print name below)

ACCEPTED UPON APPROVAL BY COURT:

Guardian ad litem

Mother’s signature (see 3.6 above) Father’s signature (see 3.6 above)

Child’s signature (see 3.5 above) Child’s signature (see 3.5 above)