Asotin, Columbia and Garfield Counties Superior Court Service and Proof of Service Rules

CRITICAL

Applies to

Proposed jury instructions

Plaintiff/Petitioner must serve two sets of proposed jury instructions 10 days before trial.

Ten (10) days prior to trial, Plaintiff/Petitioner shall prepare, file, and serve two sets of proposed instructions.

CRITICAL

Applies to

Settlement conference letter

A letter addressing the listed settlement topics must be served on the assigned judge or commissioner and opposing counsel at least three days before the settlement conference.

Not less than three (3) days prior to the date set for the settlement conference, serve on the assigned judge or commissioner and the attorney for the opposing party a letter succinctly addressing the following:

CRITICAL

Applies to

Proposed jury instructions

Defendant/Respondent must serve any nonduplicative new or additional instructions and a witness list 5 days before trial.

The Defendant/Respondent shall prepare, file, and serve any new or additional instructions without duplication of the instructions submitted by Plaintiff/Petitioner, and a witness list five (5) days prior to trial.

CRITICAL

Deadline

3 court days

Applies to

Additional family law responding or reply documents

Copies of any additional responding or reply documents must be filed with the clerk and served on all parties and the Court not later than 12:00 p.m. three (3) court days before the hearing.

Copies of any additional responding or reply documents must be filed with the clerk and served on all parties and the Court not later than 12:00 p.m. three (3) court days before the hearing.

CRITICAL

Applies to

Memorandum of authorities

The moving party must serve the memorandum of authorities and deliver copies of the motion and memorandum to opposing counsel when the motion is filed.

At the time of filing the motion, the moving party shall serve and file a memorandum of authorities and deliver a copy of the motion and memorandum to the trial judge and to opposing counsel.

CRITICAL

Deadline

5 court days

Applies to

Contempt proceeding

Service

Personal service

The school district must personally serve the alleged contemnor at least five court days before the hearing, excluding the service day, with the motion, declaration, and order to show cause.

The school district shall personally serve a party alleged to be in contempt of a truancy order at least five court days, not including the day of service, before the hearing. The documents to be served will include the motion, declaration, and order to show cause.

CRITICAL

Applies to

Motion and hearing notice

Written motions other than those that may be heard ex parte, and hearing notices, must be served at least five days before the hearing unless a rule or court order sets a different period; an order changing the period may be made ex parte for cause shown.

A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 5 days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application.

CRITICAL

Service

Electronic service

“File and Serve” does not complete service until the Clerk accepts the filing; use “serve only” for immediate service.

Comment: When using the "File and Serve" option to effect service, service will not be completed until the filed document has been accepted by the clerk's office. For immediate service of documents, use the "serve only" option.

CRITICAL

Applies to

Notice of appointment of counsel

The child must be served with the notice of appointment of counsel.

The child shall also be served with the notice of appointment of counsel.

CRITICAL

Service

Electronic service

A party who e-files may serve electronically using “serve only”; an affidavit of service must be filed regardless of service method, subject to the stated personal-service and unregistered unrepresented-recipient exceptions.

(a) Effecting E-Service. When a party e-files a document, the party may electronically serve the document via the "serve only" feature within the Clerk's e- filing system. E-service under this subsection constitutes service under CR 5 and is complete as stated in CR 5(b)(7). An affidavit of service is required to be e-filed or filed as proof of service regardless of service method. Exceptions: This subsection does not apply when a statute or rule requires that a document be personally served on the receiving party; or when the receiving party is not represented by an attorney and has not registered to accept e-service.

CRITICAL

Applies to

Exhibit notice

A party anticipating offering at least 25 trial exhibits must notify the trial judge and opposing party by letter, fax, or email at least two weeks before trial, unless the party could not reasonably have known of the exhibits earlier.

Parties shall notify the trial judge and the opposing party by letter, fax copy, or electronic mail if that party anticipates offering 25 exhibits or more at time of trial. Said notice shall be given no less than 2 weeks prior to the trial date unless the proffering party could not reasonably known of their existence prior to that time.

CRITICAL

Applies to

Interrogatory responses

A defendant may serve interrogatory answers or objections within 40 days after service of the summons and complaint on that defendant.

except that a defendant may serve answers or objections within 40 days after service of the summons and complaint upon that defendant.

CRITICAL

Applies to

Responses

Responses must be provided to opposing counsel by the same deadline: two weeks after the later of the omnibus hearing or trial setting.

responses shall be filed with the court and provided to opposing counsel no later than two weeks after the omnibus hearing or setting of trial, whichever is later.

CRITICAL

Applies to

Pretrial statement

Each party must serve the written summary by five days before whichever occurs first, the pretrial conference or settlement conference.

Each party's written summary must be served and filed no later than five (5) days before the pretrial conference or settlement conference, whichever occurs first.

CRITICAL

Applies to

Proposed order

The proposed form of order must be served with the motion or response to the motion.

A proposed form of order, which the Court may adopt, modify, or reject consistent with the decision of the Court, shall be served with the motion or response to motion.

CRITICAL

Deadline

5 court days

Applies to

Family law responding documents and briefs

Copies of family-law responding documents and briefs must be served on all parties and the court by noon five court days before the hearing.

Responding documents and briefs must be filed with the clerk and copies served on all parties and the court no later than 12:00 p.m., five (5) court days before the hearing.

CRITICAL

The party seeking admission must serve the opposing party with a true and complete copy of the digital exhibit and its Notice of Digital Exhibit Declaration, and file a certificate of service with the Court.

The party seeking admission of digital exhibits(s) shall serve the opposing party with a true and complete copy of the digital exhibit as well as a copy of the Notice of Digital Exhibit Declaration as required by law. The party shall file a certificate of service with the Court.

CRITICAL

Applies to

Supporting affidavit

An affidavit supporting a motion must be served with the motion.

When a motion is supported by affidavit, the affidavit shall be served with the motion;

CRITICAL

An objecting party must serve opposing counsel and mail or deliver written objections and any proposed substitutions to the judge within 10 days after receiving the proposed document.

Any party objecting to the proposed document shall within ten (10) days after receipt thereof serve opposing counsel, and mail/deliver to the judge, objections thereto in writing, together with any proposed substitutions it deemed appropriate.

CRITICAL

Applies to

Motion for revision

A party seeking revision of a Court Commissioner's ruling must serve the Motion for Revision within 10 days after entry of the written order.

A party seeking revision off a Court Commissioner's ruling shall within ten (10) days of entry of the written order, file and serve a Motion for Revision.

CRITICAL

Applies to

Motion

The motion must be served and filed as provided in CR 59(b).

The motion shall be served and filed as provided in CR 59(b).

CRITICAL

If no objections or substitutions are received within the 10-day period, counsel must send the original proposed documents to the trial court with an affidavit of service on opposing counsel.

If no objections/substitutions have been received within the above-described ten (10) day period, counsel shall mail/deliver the original of the proposed documents to the trial court, together with an affidavit of service upon the opposing counsel, and upon receipt thereof, the court shall sign such proposed documents, or if deficient, return such documents and inform all counsel as to such deficiencies and any requested changes or additions thereto.

CRITICAL

Service

Electronic service

A party who e-files may e-serve through the Clerk’s e-filing system; an affidavit of service must be filed regardless of service method, subject to the stated exceptions.

When a party e-files a document, the party may electronically serve (e-serve) the document via the e-service feature within the Clerk's e-filing system. E- service under this subsection constitutes service under CR 5 and is complete as stated in CR 5(b)(7). Exceptions: This subsection does not apply when a statute or rule requires that a document be personally served on the receiving party, the receiving party is not represented by an attorney and has not registered to accept e-service. An affidavit of service is required to be e- filed or filed as proof of service regardless of service method.

CRITICAL

Applies to

Notice of digital exhibit declaration

The opposing party must be served with the declaration form and complete digital exhibits, and a certificate of service must be filed; the court may not review or admit exhibits without it.

I will properly serve the opposing party a copy of this Notice of Digital Exhibit Declaration form and a true and complete copy of the digital exhibit(s) listed below and file a certificate of service pursuant to court rule and Washington law. I understand that the court may not review or admit my digital exhibit(s) without a certificate of service filed.

CRITICAL

Applies to

Affidavit of service

An affidavit of service must be e-filed or filed as proof of service, regardless of the service method.

An affidavit of service is required to be e-filed or filed as proof of service regardless of service method.

CRITICAL

Applies to

Family law motion documents

Family-law motion documents, except motions to reconsider governed by LCR 59, must be served on all parties and the court at least 12 days before the hearing.

Any party desiring to bring any family law motion, other than a motion to reconsider (governed by LCR 59), on the family law motion calendar must file such motion documents with the Clerk and serve all parties and the court at least twelve (12) days before the date fixed for such hearing.

CRITICAL

Applies to

Motion

A motion must be served on opposing counsel before a hearing date is given.

No hearing date shall be given for a Motion unless the Motion has been filed and served on opposing counsel.

CRITICAL

Deadline

1 court days

Applies to

Reply documents

Copies of reply documents must be served on all parties and the court by noon on the court day before the hearing.

Copies of any documents replying to the response must be filed with the clerk and served on all parties and the court not later than noon on the court day prior to the hearing.

CRITICAL

A copy of a bench copy must be served on or mailed to opposing counsel before or at the same time it is submitted to the Court.

No bench copies shall be submitted to the Court unless prior thereto or simultaneously therewith a copy thereot has been served upon or mailed to opposing counsel.

CRITICAL

Deadline

3 court days

Applies to

Responding documents and briefs

Copies of responding documents and briefs must be served on all parties and the court by noon three court days before the hearing.

Responding documents and briefs must be filed with the clerk and copies served on all parties and the court no later than 12:00 p.m. three (3) court days prior to the hearing.

CRITICAL

A party wishing to submit a proposed document must serve it on opposing counsel and provide the original to the trial judge with proof of service.

Within ten (10) days after a decision is rendered, any party desiring to submit Findings of Facts and Conclusions of Law, a Judgment, Order or other appropriate document proposed for the entry shall serve opposing counsel with the same and provide the original thereof to the trial judge together with proof of service.

CRITICAL

Applies to

Response

The responding party must provide copies of its written response to all other parties and the Court Administrator within the 5-working-day response period.

The responding party shall have five (5) working days from the receipt of the motion to file a written response with the Clerk and provide copies to all other parties and to the Court Administrator.

CRITICAL

Applies to

Motion for revision

Copies of the Motion for Revision and supporting documents must be provided to all other parties and the Court Administrator.

A copy of the motion and all supporting documents shall be provided to all other parties to the proceedings and to the Court Administrator who shall refer the motion to the appropriate Judge for consideration.

CRITICAL

Applies to

Interrogatory responses

The party served with interrogatories must serve answers and any objections within 30 days after service of the interrogatories.

The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories,

CRITICAL

Applies to

Exhibits

Unless making copies is impractical, legible exhibit copies must be furnished to opposing counsel and the court.

Unless making copies is impractical, legible copies of exhibits shall be furnished to opposing counsel and the court, numbered the same as marked by the Clerk.

WARNING

Applies to

Opposing affidavit

Opposing affidavits may be served through the day before the hearing, except as otherwise provided by rule 59(c), and the court may permit service at another time.

and, except as otherwise provided in rule 59(c), opposing affidavits may be served not later than 1 day before the hearing, unless the court permits them to be served at some other time.

WARNING

Applies to

Interrogatories

Interrogatories may be served without leave of court on a plaintiff after service of summons and complaint on the defendant or filing of the complaint, whichever occurs first, and on another party with or after service of summons and complaint on that party.

Interrogatories may, without leave of court, be served upon the plaintiff after the summons and a copy of the complaint are served upon the defendant, or the complaint is filed, whichever shall first occur, and upon any other party with or after service of the summons and complaint upon that party.

INFO

Service

Electronic service

Attorneys may register through the Clerk's e-filing system to accept e-service in each case in which they appear.

Attorneys may register to accept e-service via the Clerk's e-filing system in each case in which the attorney appears.

INFO

Service

Electronic service

A party without an attorney may register to accept e-service through the Clerk's e-filing system in each case in which the party e-files a document.

Likewise, a party that is not represented by an attorney may register to accept e-service via the Clerk's e-filing system in each case in which the party e-files a document.