Benton and Franklin Counties Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:

Limits & Logistics
Document Limits
Courtesy Copies
Bench Copy
- As Soon as Possible
- At Least 3 Court Days Before Hearing
- At Least 5 Calendar Days Before Hearing
- In Accordance with LCR 7 a or B
Brief
Community Supervision Violation
- One Day Before Hearing
Courtesy copies
- Hand Delivery • Not Later Than 9am One Court Day Before Scheduled Hearing Proceeding or Trial
- No Less Than 24 Hours Before Hearing
- Not Less Than 24 Hours Before Hearing

Communication
Page & Word Limits2 rules
The position statement is to be a summary only and shall not exceed five (5) pages.
- Page limit
- Up to 5 pages
Absent prior authorization, the moving party is limited to 25 pages and the responding party to 20 pages per motion; specified documents are excluded from the count, and a request to exceed the limit must be made in writing at least one week before the merits hearing.
- Domestic law motions
Excluded from page count
- •Attachments
Court's wording
Absent prior authorization from the Court, the moving party (litigant filing the motion requesting relief) shall be limited to twenty-five (25) pages and the responding party shall be limited to twenty (20) pages, per motion. Failure to comply with this Rule is sanctionable; the Court, in its discretion, may impose terms, strike all pleadings of that noncomplying party, or any other relief the Court deems appropriate. Motions to exceed the page limit shall be made in writing, at least one (1) week before the hearing on the merits. The following documents do not count towards the page limit: a. cover pages (declaration of counsel cover page, fax cover page, etc.); b. financial declarations; c. child support worksheets and attachments; d. financial documents (including but not limited to paystubs, W-2s, bank records, and tax returns and attachments); e. Information on Temporary Parenting Plan form; f. expert reports and evaluations (including declarations, affidavits, and reports from Guardians ad Litem and/or a Parenting Evaluator);
Document Format Requirements20 rules
Documents prepared for a judicial officer’s signature must contain at least two (2) lines of text on the signature page.
For matters set on the Benton County and/or Franklin County Civil docket and Civil Summary Judgment docket (except unlawful detainer matters) only, the moving party and any party opposing a motion must email a WORD version of any proposed order(s) to SCProposedOrders@co.benton.wa.us no later than three (3) calendar days before a hearing, and all parties must be copied on any email message sent to that email.
- File type
- Word
- Proposed order
Be presented on pleading paper in accordance with GR 14;
Formatting
- •Present the objection on pleading paper in accordance with GR 14
If there are no timely objections received, the party who initially prepared the order shall send it to the Judicial Officer by bringing/delivering a hard copy to the Court Administration office.
Send the initial order, the proposed alternative order and the pleading outlining the objections to the Judicial Officer via the Judicial Assistant in hard copy;
6. Pleading format: All declarations and affidavits must comply with GR 14 (format for pleadings and other papers), be legibly hand-printed or typed in at least twelve (12) point type.
- Font size
- 12 points
4. Paper Submission Only. Both the moving and opposing parties shall submit paper versions of all Proposed Orders to the Superior Court Administration office. Orders must not be marked as “proposed” anywhere in the document (caption, body, footer).
- File type
- Paper
- Proposed order
The envelope or package shall be prominently labeled “Confidential. GAL Grievance.”
Do not delete language from the standard State forms.
A “Read First” is a one- page document that tells the judicial officer whether the motion will be going as set, will be continued by agreement, if a continuance is requested, an agreed order will be presented, or if agreed upon Final Orders will be delivered to the Court Administration office.
The bench copies must be clearly marked with the date of hearing and if a specific judge is assigned.
The required warning in covered orders must be printed in capital letters.
Court's wording
In all supplemental proceedings wherein, an order is to be issued requiring the personal attendance of a party to be examined in open court, and in orders to show cause for contempt, the order must include the following words in capital letters, “YOUR FAILURE TO APPEAR AS ABOVE SET FORTH AT THE TIME, DATE, AND PLACE THEREOF WILL CAUSE THE COURT TO ISSUE A BENCH WARRANT FOR YOUR APPREHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE MATTER CAN BE HEARD OR UNTIL BAIL IS POSTED.”
A trial management report will be in generally the following form as prescribed by the court.
The proposed order sent with the opposing-documents filing email must be in Microsoft WORD format, subject to technology access.
Court's wording
Upon filing the opposing documents with the Clerk, the responding party shall send email confirmation of filing, a copy of the response, any attachments, proof of service, and Microsoft WORD format proposed order (subject to technology access), to the Judicial Assistants at:
The proposed order sent with the motion-filing email must be in Microsoft WORD format, subject to technology access.
Court's wording
Upon filing the motion with the Clerk, the moving party shall send email confirmation of filing, a copy of the motion, any attachments, proof of service, and Microsoft WORD format of the proposed order (subject to technology access), to the Judicial Assistants at: Reconsideration-Revision@co.benton.wa.us.
Form: The Domestic Case Scheduling Order (DCSO) shall be in the form available on the Court’s Website.
The summary should take the form of a letter.
9. Form. A Case Schedule will generally be in the form as prescribed by the court and available on Benton/Franklin Superior Court Website.
Mandatory court appearances are noted in bold on the Scheduling Order.
Parties may bold or underline additional language and strike (by lining through) inapplicable language.
Document Filing Requirements154 rules
The moving party must provide a Read First to confirm the matter on the docket in the specified dockets, subject to the exclusions in LMR 2(H).
Court's wording
G. For all adult civil motions, all domestic dockets, and for the probate and guardianship dockets (matters excluded from this rule are outlined below LMR 2(H)), the moving party for any matter must upload a “Read First” to eMotion or provide a hard copy of a Read First to the Court Administration office if the party does not have access to eMotion, no less than five (5) calendar days prior to a hearing to confirm the matter on the docket.
All matters presented ex parte must include an attestation stating whether any judicial officer has been recused or disqualified.
Court's wording
C. An attestation indicating whether any judicial officer has been recused or disqualified from any matter shall accompany all matters presented on an ex parte basis. Attestations are available in the respective Clerk’s offices or on the Court Website.
A litigant requesting a special-set hearing in a pre-assigned case must complete the Pre-Assigned Hearing Request Form.
Court's wording
a. Complete the Pre-Assigned Hearing Request Form. b. Email the completed form to specialsets@co.benton.wa.us. A conformation email will be sent acknowledging receipt.
A special-set hearing request in a criminal case that is not pre-assigned must include the hearing’s nature, why it cannot be set on an existing docket, a proposed date or earliest possible date, and the attached request form.
Court's wording
a. Parties shall jointly email specialsets@co.benton.wa.us with the following information and attached request form (available on the court’s website): i. The nature of the requested hearing. ii. The reason(s) the hearing cannot be set on an existing criminal regular docket, criminal docket, or preliminary docket, consistent with applicable rules. iii. A proposed date certain and/or earliest possible hearing date.
All Other Case Types. A litigant requesting a Special Set not covered above must first obtain a court order authorizing the special setting.
All sections of the form must be fully completed; “not applicable” must be indicated where appropriate.
The Note for Motion shall indicate “Clerk’s Action Required.”
The required special set request forms shall be completed and submitted with all parties included on the email.
The party requesting the special set shall file a Note for Motion reflecting the date approved by Court Administration/Judicial Assistant, clearly indicating that the date was approved.
A witness list, including each witness’s name, phone number, and a brief summary of expected testimony.
The email must include the following: a. Language Required b. Date, Time, & Length of Hearing/Trial c. Case Number
An exhibit list.
Counsel or self-represented parties must request an evidentiary hearing by submitting a Special Set Request per LMR 6(3) and adhering to all requirements in that rule.
Applications must be complete and include all supporting documents.
At least thirty (30) days prior to the trial date, each party must: a. Sign the IFLT Selection Form b. File the form in the case
Each party shall file a list of exhibits to be considered at trial.
Orders requiring personal attendance in specified supplemental proceedings and orders to show cause for contempt must include the stated bench-warrant warning.
Court's wording
In all supplemental proceedings wherein, an order is to be issued requiring the personal attendance of a party to be examined in open court, and in orders to show cause for contempt, the order must include the following words in capital letters, “YOUR FAILURE TO APPEAR AS ABOVE SET FORTH AT THE TIME, DATE, AND PLACE THEREOF WILL CAUSE THE COURT TO ISSUE A BENCH WARRANT FOR YOUR APPREHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE MATTER CAN BE HEARD OR UNTIL BAIL IS POSTED.” No bench warrant will be issued in such cases for the arrest of the cited person if such language has been omitted.
If the court grants the motion, the judicial officer shall specify in the Order Shortening Time the minimum notice that must be provided to the responding party.
A motion to shorten time must be written and supported by a separate declaration or affidavit addressing the reasons, good cause, likely harm, and notice diligence; despite diligent inability to give notice, the judicial officer may proceed in their discretion.
Court's wording
All motions to shorten time must be in writing and supported by a separate declaration or affidavit that: a. Sets forth the exigent circumstances or other compelling reasons requiring a hearing on shortened time, including all relevant facts establishing good cause and the specific harm likely to occur with regular notice. b. Demonstrates the moving party’s due diligence in providing or attempting to provide notice to all other parties. c. If, despite due diligence, a party has been unable to provide notice, the judicial officer may, in their discretion, proceed with the motion.
When notice is required under an Order Shortening Time, it must include: a. the specific date and time the order shortening time will be heard; b. a copy of pleadings to be filed and proposed orders to be sought;
If the moving party expects the motion to take more than ten (10) minutes to argue by all sides collectively, the movant shall designate on the Note for Docket that the matter is “over 10 minutes.”
The moving party must file with the motion a brief statement and memorandum with reasons and supporting authorities, include specified evidence when relying on facts outside the record, and identify record documents and their filing dates when relying on them.
Court's wording
The moving party shall serve and file, with his or her motion, a brief written statement of the motion and a brief memorandum containing reasons and citations of the authorities on which he or she relies. If the motion requires the consideration of facts not appearing of record, he or she shall also serve and file copies of all affidavits and photographic or other documentary evidence he or she intends to present in support of the motion. If the motion relies on facts in documents of record, the motion shall identify the document(s) and the date of filing of each document so identified.
The motion shall be contained in a separate document from the Note for Docket addressed hereinbelow.
c. an averment by the movant that either the matter cannot be temporarily resolved pending a regularly set hearing or that the parties attempted to reach a temporary resolution and are at an impasse.
All documents filed with the Clerk, other than a note for motion or trial docket which require any action (other than filing) by the Clerk shall contain a motion in the caption specifying the nature of the document the words: “Clerk’s Action Required.”
- Placement
- Caption
The Note for Docket must contain the court title, cause number, brief case title, hearing date, specified title, attorneys’ names, motion’s nature, and who made it.
Court's wording
Any attorney desiring to bring any issue of law on for hearing shall file with the Clerk and serve on all opposing counsel, not later than eleven (11) calendar days prior to the day on which the attorney desires it to be heard, a note for the motion docket which shall contain the title of the court, the cause number, a brief title of the cause, the date when the same shall be heard, the words “Note for Docket,” the name or names of each attorney involved in the matter, the nature of the motion, and by whom made.
It shall be subscribed by the attorney filing the same and shall bear the designation of whom the attorney represents.
If the matter is stricken and the moving party desires a hearing, a new Note for Docket must be filed with the Clerk.
Except for matters continued in open court, a new note for docket is required for motions that are continued.
A Judicial Assistant’s Certificate of Pre-Approved Dates is required for Case Schedule amendment motions or stipulations and trial-continuance requests, and must be obtained before filing a motion or stipulation requesting a modification.
Court's wording
A Judicial Assistant’s Certificate of Pre-Approved Dates is required for: a. Any motion or stipulation to amend the Case Schedule; and b. Any request to continue trial, even when an amendment of the Case Schedule order is not required. c. Parties must obtain the Certificate before filing any motion or stipulation requesting a modification.
The moving party shall certify in the note for docket that every party has consented to determination without oral argument.
No later than the date listed on the civil case schedule order for submission of the Settlement Position Statement, all parties shall prepare a settlement position statement which shall be submitted to the Court via eMotion or hard copies delivered to the Court Administration office. Settlement position statements shall not be filed in the court file.
After obtaining the Certificate, the party seeking modification shall: a. File and serve a motion or stipulation to modify, supporting declaration, and certificate. b. The Motion shall be noted on the appropriate docket or, if stipulated, presented at ex parte. c. The Certificate shall be attached to the Motion or Declaration.
Settlement position statements must include a non-argumentative case summary, liability positions, claimed special damages and whether they are admitted, an explanation of general damages and any claimed disability or impairment, and settlement offers made.
Court's wording
The position statement shall include the following: b. A brief non-argumentative summary of the case; c. A statement of whether liability is admitted, and if not, the plaintiff’s theory or theories of liability and the defendant’s theory or theories on non-liability; d. A list of all items of special damages claimed by the plaintiff and a statement of whether any or all of those are admitted by the defendant; e. An explanation of the general damages, including a summary of the nature and extent of any claimed disability or impairment; and f. A statement of what settlement offers have been made thus far, if any.
In cases governed by a Civil Case Schedule Order, the parties must jointly prepare a Trial Management Report.
In cases governed by a Case Schedule, the parties must jointly prepare a Trial Management Report.
Court's wording
In cases that are governed by a Case Schedule, the Court shall schedule a Pretrial Conference Hearing, which shall be attended by the lead trial attorney of each party who is represented by an attorney and by each party who is not represented by an attorney. The parties must jointly prepare a Trial Management Report.
The attorneys for all parties in the case shall confer in completing the Trial Management Report. If any party fails to cooperate in completing the report, any other party may file and serve the report and note the refusal to cooperate.
The Trial Management Report must contain the listed case summary, issues, exhibit index, jury-instruction requests, witness names, and trial-shortening suggestions, subject to the stated exclusions.
Court's wording
The Report shall contain: a. Nature and brief, non-argumentative summary of the case; b. List of issues that are not in dispute; c. List of issues that are disputed; d. Index of exhibits (excluding rebuttal or impeachment exhibits); e. List of plaintiff’s requests for Washington Pattern Jury Instructions; f. List of defendant’s requests for Washington Pattern Jury Instructions; g. List of names of all lay and expert witnesses, excluding rebuttal witnesses; h. Suggestions by either party for shortening the trial.
All requests for pre assignment must be presented to the Presiding Judge or Assistant Presiding Judge by written Motion.
Trial Priority/Readiness Trial form remains required.
3. Status Hearing Form. Each attorney and each self-represented party must file and upload (to eMotion) a Trial Priority/Readiness Status Hearing Form.
Any Case Schedule Orders not in the required format shall be provided by the moving party after approval from the court.
11. Disclosure of Rebuttal Witnesses: Each party shall, no later than the date for disclosure designated in the Case Schedule, disclose all persons whose knowledge did not appear relevant until the primary witnesses were disclosed and whom the party reserves the option to call as witnesses at trial.
Witness disclosures must include contact information for all witnesses, anticipated testimony topics for lay witnesses, and specified opinions, bases, and qualifications for experts.
Court's wording
12. Scope of disclosure: Disclosure of witnesses under this rule shall include the following information: a. All witnesses: Name, address, and phone number; b. Lay witnesses: A brief description of the anticipated subject matter of the witness testimony; and/or c. Experts: A summary of the expert’s opinions and the basis therefor and a brief description of the expert’s qualifications.
By the Case Schedule disclosure date, each party must disclose all persons with relevant factual or expert knowledge whom the party reasonably believes are likely to be called at trial.
Court's wording
10. Disclosure of Possible Lay and Expert Witnesses. Disclosure of Primary Witnesses: Each party shall, no later than the date for disclosure designated in the Case Schedule, disclose all persons with relevant factual or expert knowledge whom the party believes are reasonably likely to be called at trial.
The Notice of Trial Setting and Certificate of Readiness must include the specified case, jury, trial-time, attorney-contact, and scheduling information and be subscribed by the filing attorney.
Court's wording
1. Note for Trial Docket. Any party desiring to bring any issue of fact to trial, except for cases governed by Case Schedule Order, shall file with the Clerk, deliver a copy to the Judicial Assistants and serve upon the other parties or their attorneys a Notice of Trial Setting and Certificate of Readiness which shall contain: a. the title for the court; b. a brief title of the case; c. the case number; d. the nature of the case; e. whether jury or non-jury; f. whether there has been a 12-person jury demand; g. whether a 6-person jury would be acceptable; h. estimated trial time; the name, address, e-mail and telephone number of each attorney assigned to the case; i. whether there should be a pre-trial conference; preferential trial dates or times; and j. anything further that would assist the Court in setting a trial date, and shall be subscribed by the attorney filing the same.
1. Note for Trial Docket. Any party desiring to bring any issue of fact to trial, except for cases governed by Case Schedule Order, shall file with the Clerk, deliver a copy to the Judicial Assistants and serve upon the other parties or their attorneys a Notice of Trial Setting and Certificate of Readiness which shall contain:
An attorney or party noting a case for trial certifies that the case is at issue, discovery and witnesses are ready, and no further parties or pleadings are expected before trial.
Court's wording
2. Certification by Filing Party. An attorney/party noting a case for trial thereby: a. certifies that the case is at issue; b. that there has been a reasonable opportunity for discovery; c. that discovery will be complete by the trial date; d. that necessary witnesses will be available; and e. that to his/her knowledge, no other parties will be served with a summons and no further pleadings will be filed prior to trial.
Filing & Service rules
Electronic Filing Rules
The Trial Management Report must be filed with the Court and uploaded to eMotion.
The Report shall be filed with the Court and uploaded to eMotion.
Page 23 | C. Pretrial Procedure
All bench copies and proposed orders must be uploaded through eMotion unless the preassigned judicial officer orders otherwise.
Whether the case is assigned to a Benton/Franklin Counties Superior Court judicial officer or an out of county Superior Court judicial officer, all bench copies and proposed orders must be uploaded through eMotion unless otherwise ordered by the preassigned judicial officer.
Page 24 | D. Pre-Assignment of Judicial Officers
For out-of-county pre-assigned cases, ex parte motions and proposed orders must be uploaded to eMotion and immediately emailed to the specified address, with urgency indicated in the subject line when applicable.
For out of county pre-assigned cases, ex parte motions and proposed orders must be uploaded to eMotion and immediately emailed to : specialsets@co.benton.wa.us. Indicate urgency in the email subject line when applicable.
Page 24 | D. Pre-Assignment of Judicial Officers
The Trial Priority/Readiness Status Hearing Form must be filed and uploaded to eMotion.
3. Status Hearing Form. Each attorney and each self-represented party must file and upload (to eMotion) a Trial Priority/Readiness Status Hearing Form.
Page 25 | E. Trial Priority/Readiness Docket
Motion confirmation requires completing and filing a “Read First” LMR 2 on eMotion.
“Confirmed” means completing and filing on eMotion a “Read First” LMR 2.
Page 40 | Local Domestic Rule 4(A)(2)
Submitting proposed orders under this rule does not replace the parties’ obligations to serve them on opposing parties and upload them to eMotion.
Submission under this rule does not satisfy the party’s obligation to: a. Serve Proposed Orders on opposing parties, or b. Upload Proposed Orders to eMotion.
Page 42 | Presentation of Proposed Orders
Agreed and default final orders must be submitted on paper with the required coversheet; final orders uploaded to eMotion will not be accepted for printing by the Judicial Officer.
Agreed final orders and default orders must be submitted to the Court Administration office in paper form only, accompanied by the early mentioned required Final Order Submission Coversheet. 1. Printing Required. Final Orders submitted through eMotion that require printing by the Judicial Officer will not be accepted. Judicial Officers will not print agreed final orders or default orders uploaded to eMotion for the parties.
Page 43 | Submission Method
The assets-and-debts list must be uploaded to eMotion, unless the party cannot use eMotion, in which case it may be delivered to the Court Administration office.
If distribution of assets and/or debts is an issue, each party shall, no less than two (2) days before trial, serve the other party and upload to eMotion (or delivery to the Court Administration office if the party is unable to use eMotion), a list of assets and debts known to the party and that party’s good faith position as to the fair market value of each. The parties shall also designate the asset or debt as community property or separate property and shall state their position as to what they believe the final distribution of the assets and/or debts should be.
Page 45 | Local Domestic Rule 8(A)
A grievance and related documentation, including a decision, must not be filed in the court case file.
Neither the grievance nor any documentation related to the grievance, including any decision on the grievance, shall be filed in the court case file.
Page 52 | Local Guardian ad Litem Rule 7, B. Filing the Grievance (Complaint)
Witness lists must be filed, served, and uploaded to eMotion at the same time and under the same deadlines as the Note for Docket and briefing.
The witness list shall be filed, served, and uploaded to eMotion at the same time and under the same deadlines applicable to the Note for Docket and briefing.
Page 63 | H. Witness Lists
When a hearing is continued, parties must amend the hearing date in jMotion for all electronically submitted bench copies.
When hearings are continued, it is the responsibility of the parties to amend the hearing date in jMotion associated with all bench copies submitted electronically.
Page 63 | Local Juvenile Court Rule 1.12
Position statements may be submitted to the Judicial Assistant or through eMotion, but must not be filed in the court file.
The Parties shall submit with the Judicial Assistant (or eMotion) and serve/exchange their position statement, three (3) days prior to the settlement conference. Position statements shall not be filed in the court file.
Page 44 | Local Domestic Rule 6, A.4
The court waives GR 30's requirements defining “electronic signature” and accepts electronic signatures that comply with GR 30(a)(4) for filing.
As authorized by Supreme Court Order No. 25700-B-743, titled Interim Order Permitting the Continued Use of Electronic Signatures, (issued October 23, 2025), Benton & Franklin Counties Superior Court waives the requirements of GR 30 defining “electronic signature.” B. Electronic signatures which comply with GR 30(a)(4) are acceptable for filing.
Page 14 | Local General Rule 30 — Electronic Signatures and Filing
Electronic submission of a grievance is allowed when permitted by Superior Court Administration.
In addition to any electronic submission allowed by Superior Court Administration
Page 52 | Local Guardian ad Litem Rule 7, B. Filing the Grievance (Complaint)
Filing Timing and Cure Windows
A Special Set hearing may not occur sooner than the periods required by state and local rules unless the court has entered an order shortening time.
Special Set Requests shall not be heard sooner than the time periods required by State and Local Rules unless an order shortening time has been entered.
Page 11 | Local Management Rule 6, All Special Set Requests
Each party must file the required pre-hearing materials at least two weeks before the evidentiary hearing.
Each party must file the following (at least two weeks before the evidentiary hearing date):
Page 12 | Local Management Rule 7, Pre Hearing Filings
The IFLT Selection Form must be filed at least 30 days before trial.
At least thirty (30) days prior to the trial date, each party must: a. Sign the IFLT Selection Form b. File the form in the case
Page 16 | Local General Rule 40, A.1. Required Form and Deadline
For covered adult matters, a moving party's reply or strict reply must be filed at least 2 calendar days before the hearing, subject to the stated exceptions.
The following timelines apply for the filing and service of any Motion and/or supporting briefs or other materials in any case type for all adult matters except domestic, juvenile and adult criminal matters, unless otherwise specified differently herein, by statute, court order, or by general Court Rule (e.g., CR 56 motions, writs, Motions for Injunction, unlawful detainer matters, protection orders, or Motions for Immediate Restraining Orders): c. For any reply or strict reply by the moving party, not less than two (2) calendar days prior to the hearing.
Page 17 | IV. LOCAL CIVIL RULES (LCR) — Local Civil Rule 7(A)(1)
For covered adult matters, responsive briefs and materials must be filed at least 4 calendar days before the hearing, subject to the stated exceptions.
The following timelines apply for the filing and service of any Motion and/or supporting briefs or other materials in any case type for all adult matters except domestic, juvenile and adult criminal matters, unless otherwise specified differently herein, by statute, court order, or by general Court Rule (e.g., CR 56 motions, writs, Motions for Injunction, unlawful detainer matters, protection orders, or Motions for Immediate Restraining Orders): b. For all responsive briefs and materials, not less than four (4) calendar days prior to the hearing;
Page 17 | IV. LOCAL CIVIL RULES (LCR) — Local Civil Rule 7(A)(1)
For covered adult matters, motions and supporting materials must be filed at least 11 calendar days before the hearing, subject to the stated exceptions.
The following timelines apply for the filing and service of any Motion and/or supporting briefs or other materials in any case type for all adult matters except domestic, juvenile and adult criminal matters, unless otherwise specified differently herein, by statute, court order, or by general Court Rule (e.g., CR 56 motions, writs, Motions for Injunction, unlawful detainer matters, protection orders, or Motions for Immediate Restraining Orders): a. For all motions and supporting materials, not less than eleven (11) calendar days prior to the hearing on the issue;
Page 17 | IV. LOCAL CIVIL RULES (LCR) — Local Civil Rule 7(A)(1)
In domestic matters, responsive briefs and materials must be filed at least 11 calendar days before the hearing, subject to the stated exceptions.
The following timelines apply for the filing and service of any Motion and/or supporting briefs or other materials in any domestic matter, unless otherwise specified differently herein, by statute, court order, or by general Court Rule. (e.g., protection orders or Motions for Immediate Restraining Orders): b. For all responsive briefs and materials, not less than eleven (11) calendar days prior to the hearing;
Page 18 | IV. LOCAL CIVIL RULES (LCR) — Local Civil Rule 7(B)(1)
In domestic matters, a moving party's reply or strict reply must be filed at least 5 calendar days before the hearing, subject to the stated exceptions.
The following timelines apply for the filing and service of any Motion and/or supporting briefs or other materials in any domestic matter, unless otherwise specified differently herein, by statute, court order, or by general Court Rule. (e.g., protection orders or Motions for Immediate Restraining Orders): c. For any reply or strict reply by the moving party, not less than five (5) calendar days prior to the hearing.
Page 18 | IV. LOCAL CIVIL RULES (LCR) — Local Civil Rule 7(B)(1)
A motion to shorten time must be presented on the ex parte docket at least 48 hours before the related hearing, special set, or trial.
Motions to shorten time must be presented on the ex parte docket no fewer than forty-eight (48) hours before the scheduled hearing, special set, or trial to which the request relates.
Page 18 | IV. LOCAL CIVIL RULES (LCR) — Local Civil Rule 7(C)(2)
In domestic matters, motions and supporting materials must be filed at least 21 calendar days before the hearing, subject to the stated exceptions.
The following timelines apply for the filing and service of any Motion and/or supporting briefs or other materials in any domestic matter, unless otherwise specified differently herein, by statute, court order, or by general Court Rule. (e.g., protection orders or Motions for Immediate Restraining Orders): a. For all motions and supporting materials, not less than twenty-one (21) calendar days prior to the hearing on the issue;
Page 18 | IV. LOCAL CIVIL RULES (LCR) — Local Civil Rule 7(B)(1)
An attorney seeking a hearing on an issue of law must file and serve a Note for Docket no later than 11 calendar days before the desired hearing date.
Any attorney desiring to bring any issue of law on for hearing shall file with the Clerk and serve on all opposing counsel, not later than eleven (11) calendar days prior to the day on which the attorney desires it to be heard, a note for the motion docket which shall contain the title of the court, the cause number, a brief title of the cause, the date when the same shall be heard, the words “Note for Docket,” the name or names of each attorney involved in the matter, the nature of the motion, and by whom made.
Page 19 | E. Civil Motion Calendar
A copy of each order continuing trial or amending the Case Schedule Order must be provided to the Judicial Assistant within three days of entry.
A copy of all orders continuing trial or amending the Case Schedule Order shall be provided to the Judicial Assistant within three (3) days of entry.
Page 22 | Local Civil Rule 16(A)(4)(d)
The settlement position statement must be prepared and submitted no later than the date listed in the civil case schedule order.
No later than the date listed on the civil case schedule order for submission of the Settlement Position Statement, all parties shall prepare a settlement position statement which shall be submitted to the Court via eMotion or hard copies delivered to the Court Administration office.
Page 22 | Local Civil Rule 16(B)(1)(a)
When a matter settles outside court and no settlement conference is needed, a Notice of Settlement must be filed at least five days before the settlement conference.
If a matter is settled outside of court and a settlement conference is no longer needed, parties are required to notify the Civil Judicial Assistant of settlement of the matter at least five (5) days prior to their settlement conference date so that the settlement conference can be stricken, and a Notice of Settlement must be filed at least five (5) days prior to the settlement conference.
Page 23 | Notice of Settlement
The status hearing form must be submitted by the Wednesday before the Monday docket in either county.
a. The form must be submitted by the Wednesday preceding the Monday docket, in both counties.
Page 25 | E. Trial Priority/Readiness Docket
If a trial date is advanced or reset, notice of the new trial date must be given at least five days before that date.
3. Advancing Trial Dates. Any case assigned a specific date may, at the discretion of the Presiding Judge, be advanced to an earlier date or may be reset if the court calendar permits. Notice shall be given at least five (5) days prior to the new trial date assigned.
Page 29 | H.3. Advancing Trial Dates
Parties who agree the case will be ready by a specific date but object to particular trial dates must notify the Judicial Assistants of unavailable dates within five days after receiving the trial-setting notice.
6. Objections to Dates. In the event all parties agree the case is ready for trial or will be ready for trial by a specific date, but have objections to particular dates, they shall notify the Judicial Assistants of unavailable dates within five (5) days after receiving the notice of trial setting.
Page 29 | Objections to Dates
Within 15 days after the decision, the prevailing party must submit findings and conclusions and deliver them with the proposed judgment or order to the opposing side.
2. Submission. Not more than fifteen (15) days after the decision is rendered, the prevailing party shall submit Findings of Fact and Conclusions of Law and shall deliver the same, together with the Proposed Judgment or Order, to the opposing counsel or opposing party if not represented by counsel.
Page 30 | Local Civil Rule 52, A.2. Submission
For covered matters, WORD versions of proposed orders must be emailed no later than three calendar days before the hearing.
For matters set on the Benton County and/or Franklin County Civil docket and Civil Summary Judgment docket (except unlawful detainer matters) only, the moving party and any party opposing a motion must email a WORD version of any proposed order(s) to SCProposedOrders@co.benton.wa.us no later than three (3) calendar days before a hearing, and all parties must be copied on any email message sent to that email.
Page 31 | Local Civil Rule 54(A)(2)
Opposing documents must be filed within 10 days after service of the motion.
Within 10 days after service of the Motion, opposing counsel or the opposing party, if not represented at the time of filing of the motion, shall file opposing documents with the Clerk;
Page 34 | Local Civil Rule 59
A motion for revision or reconsideration must be filed and served within 10 days after entry of the order.
A party seeking revision of a Court Commissioner’s ruling pursuant to RCW 2.24.050 and CR 53.2(e), reconsideration pursuant to CR 59, shall file and serve a Motion for Revision or Motion for Reconsideration within ten (10) days of entry of the order with the Clerk.
Page 34 | Local Civil Rule 59
Unless otherwise ordered, the appellant must file the designation of record 14 days after the Notice of Appeal is filed.
1. Applicability. Unless otherwise ordered by the court, the following deadlines apply in all appeals from courts of limited jurisdiction after filing of the Notice of Appeal. a. Filing of Appellant’s Designation of Record (RALJ 6.2(a)) 14 Days b. Filing of Appellant’s Brief and Service on all Parties and Court 60 Days c. Status Conference at 8:30 AM (Mandatory in Person Hearing) 65 Days d. Filing of Respondent’s Brief and Service on all Parties and Court 90 Days e. Filing of Reply Brief and Service on all Parties and Court 100 Days
Page 35 | Local Civil Rule 72.B.1
The seminar must be completed and its certificate filed and served before entry of a permanent parenting or residential plan.
Timing. Parties shall complete an approved parenting seminar prior to entry of a permanent parenting or residential plan and file a copy of the certificate of completion of the course with the Clerk and serve the same on the other party.
Page 38 | Local Domestic Rule 1.G.1
The financial documents must be filed by the deadline set in the Domestic Case Scheduling Order.
By the deadline set forth in the Domestic Case Scheduling Order, the parties shall file and serve the opposing party with a copy the following documents: a. Proposed Child Support Worksheets (if applicable); b. Tax returns and W-2 statements for the past two calendar years; c. Partnership and corporate tax returns, if any, for the past two calendar years, to include all schedules and attachments; d. Wage stubs for the past six months or since January 1 of the calendar year, whichever period is greater; and e. Declaration of Financial Documents must be given to Opposing Party. Failure to file and give to the opposing party or their attorney the Declaration of Financial Documents may subject the non-complying party and/or their attorney to sanctions or other equitable relief.
Page 38 | Local Domestic Rule 1.F.5
Service and Proof of Service Rules
The Court and Clerk send notices, orders, and other documents to counsel and self-represented parties by email, using attorneys’ addresses in the Washington State Bar Association Online Attorney Directory.
A. The Court and Clerk will send all notices, orders, and other documents to the parties’ counsel, or to any self-represented party, via email. The Court and Clerk will utilize the email address for attorneys with the Washington State Bar Association Online Attorney Directory.
Page 8 | Local Management Rule 3 — Electronic Service from Court and Clerk
Before presenting an unagreed motion ex parte, a party must notify all other parties or make good-faith efforts to do so, except for the listed matters.
A. No matter shall be presented on an ex parte basis unless notice has been given, or good faith efforts have been made to give notice, to all other parties prior to presentment at ex parte for a motion which is not agreed. 1. The following does not apply to ex parte applications: a. Civil Protection Orders; b. Motions for Orders to Set Show Cause Hearing where no relief is sought other than setting a hearing; c. Motions for Fee Waivers; d. Motions for Indigency on Appeal; e. Motions to Seal Expert Service Provider for criminal matters; f. Motions for Immediate Restraining Orders; g. Matters where breach of a prior agreement allows a party to move for relief ex parte without notice to the breaching party; or h. Any matter where a party has a good faith belief that prior notice of presentment to the other party(ies) will result in actual physical or irreparable harm to the presenting party or a child of the presenting party.
Page 9 | Local Management Rule 4 — EX PARTE
Each party must serve the opposing party with its witness list, exhibit list, and copies of all exhibits at least two weeks before the evidentiary hearing.
Each party must serve their witness list, exhibit list, and copies of all exhibits on the opposing party at least two weeks before the evidentiary hearing.
Page 12 | Local Management Rule 7, Service Requirements
The parties must exchange the exhibits and exhibit list at least 14 days before trial.
Exchange exhibits and list at least fourteen (14) days prior to trial
Page 16 | Local General Rule 40, A.4. Exhibits and Trial Declarations
Each party must serve the other party with a copy of the IFLT Selection Form at least 30 days before trial.
At least thirty (30) days prior to the trial date, each party must: c. Serve a copy on the other party
Page 16 | Local General Rule 40, A.1. Required Form and Deadline
For covered adult matters, responsive briefs and materials must be served at least 4 calendar days before the hearing, subject to the stated exceptions.
The following timelines apply for the filing and service of any Motion and/or supporting briefs or other materials in any case type for all adult matters except domestic, juvenile and adult criminal matters, unless otherwise specified differently herein, by statute, court order, or by general Court Rule (e.g., CR 56 motions, writs, Motions for Injunction, unlawful detainer matters, protection orders, or Motions for Immediate Restraining Orders): b. For all responsive briefs and materials, not less than four (4) calendar days prior to the hearing;
Page 17 | IV. LOCAL CIVIL RULES (LCR) — Local Civil Rule 7(A)(1)
For covered adult matters, a moving party's reply or strict reply must be served at least 2 calendar days before the hearing, subject to the stated exceptions.
The following timelines apply for the filing and service of any Motion and/or supporting briefs or other materials in any case type for all adult matters except domestic, juvenile and adult criminal matters, unless otherwise specified differently herein, by statute, court order, or by general Court Rule (e.g., CR 56 motions, writs, Motions for Injunction, unlawful detainer matters, protection orders, or Motions for Immediate Restraining Orders): c. For any reply or strict reply by the moving party, not less than two (2) calendar days prior to the hearing.
Page 17 | IV. LOCAL CIVIL RULES (LCR) — Local Civil Rule 7(A)(1)
For covered adult matters, motions and supporting materials must be served at least 11 calendar days before the hearing, subject to the stated exceptions.
The following timelines apply for the filing and service of any Motion and/or supporting briefs or other materials in any case type for all adult matters except domestic, juvenile and adult criminal matters, unless otherwise specified differently herein, by statute, court order, or by general Court Rule (e.g., CR 56 motions, writs, Motions for Injunction, unlawful detainer matters, protection orders, or Motions for Immediate Restraining Orders): a. For all motions and supporting materials, not less than eleven (11) calendar days prior to the hearing on the issue;
Page 17 | IV. LOCAL CIVIL RULES (LCR) — Local Civil Rule 7(A)(1)
In domestic matters, a moving party's reply or strict reply must be served at least 5 calendar days before the hearing, subject to the stated exceptions.
The following timelines apply for the filing and service of any Motion and/or supporting briefs or other materials in any domestic matter, unless otherwise specified differently herein, by statute, court order, or by general Court Rule. (e.g., protection orders or Motions for Immediate Restraining Orders): c. For any reply or strict reply by the moving party, not less than five (5) calendar days prior to the hearing.
Page 18 | IV. LOCAL CIVIL RULES (LCR) — Local Civil Rule 7(B)(1)
Notice to the responding party under an Order Shortening Time must be at least 48 hours, except in extraordinary circumstances established in the supporting declaration or affidavit.
Except in extraordinary circumstances established in the supporting declaration or affidavit, this notice shall not be less than forty-eight (48) hours.
Page 18 | IV. LOCAL CIVIL RULES (LCR) — Local Civil Rule 7(C)(3)
In domestic matters, responsive briefs and materials must be served at least 11 calendar days before the hearing, subject to the stated exceptions.
The following timelines apply for the filing and service of any Motion and/or supporting briefs or other materials in any domestic matter, unless otherwise specified differently herein, by statute, court order, or by general Court Rule. (e.g., protection orders or Motions for Immediate Restraining Orders): b. For all responsive briefs and materials, not less than eleven (11) calendar days prior to the hearing;
Page 18 | IV. LOCAL CIVIL RULES (LCR) — Local Civil Rule 7(B)(1)
In domestic matters, motions and supporting materials must be served at least 21 calendar days before the hearing, subject to the stated exceptions.
The following timelines apply for the filing and service of any Motion and/or supporting briefs or other materials in any domestic matter, unless otherwise specified differently herein, by statute, court order, or by general Court Rule. (e.g., protection orders or Motions for Immediate Restraining Orders): a. For all motions and supporting materials, not less than twenty-one (21) calendar days prior to the hearing on the issue;
Page 18 | IV. LOCAL CIVIL RULES (LCR) — Local Civil Rule 7(B)(1)
An attorney seeking a hearing on an issue of law must serve the Note for Docket on all opposing counsel no later than 11 calendar days before the desired hearing date.
Any attorney desiring to bring any issue of law on for hearing shall file with the Clerk and serve on all opposing counsel, not later than eleven (11) calendar days prior to the day on which the attorney desires it to be heard, a note for the motion docket
Page 19 | E. Civil Motion Calendar
The moving party must serve the motion statement, memorandum, and any specified supporting affidavits or evidence with the motion.
The moving party shall serve and file, with his or her motion, a brief written statement of the motion and a brief memorandum containing reasons and citations of the authorities on which he or she relies. If the motion requires the consideration of facts not appearing of record, he or she shall also serve and file copies of all affidavits and photographic or other documentary evidence he or she intends to present in support of the motion.
Page 19 | D. Civil Pleadings. Memorandum of Authorities and Affidavits Required.
A motion will not be heard without proof of notice service on opposing counsel or an unrepresented opposing party, unless an admission of service is in the file.
The motion will not be heard unless there is proof of service of notice upon the attorney for the opposing party, or the opposing party if proceeding pro se, or there is an admission of service by opposing counsel or the opposing party if proceeding pro se in the file.
Page 20 | G. Removal of Motion
The party seeking modification must serve the motion or stipulation, supporting declaration, and certificate.
File and serve a motion or stipulation to modify, supporting declaration, and certificate.
Page 22 | Local Civil Rule 16(A)(4)(a)
The plaintiff must prepare the initial Trial Management Report and serve it on all opposing parties no later than two weeks before it is due under the Civil Case Schedule Order.
The plaintiff shall prepare an initial report and serve it upon all opposing parties no later than two weeks prior to the date it is due under the Civil Case Schedule Order.
Page 23 | C. Pretrial Procedure
5. Service. The party filing the initial pleading shall promptly provide a copy of the Case Schedule to all other parties by:
5. Service. The party filing the initial pleading shall promptly provide a copy of the Case Schedule to all other parties by:
Page 26 | F. Case Schedule
The Case Schedule must be served on the other parties with the initial pleading or within 10 days after the later filing of the initial pleading or service of a response, with proof of service.
a. serving a copy of the Case Schedule on the other parties along with the initial pleading, or b. serving the Case Schedule on the other parties within 10 days after the later filing of the initial pleading or service of any response to the initial pleading, whether that response is a notice of appearance, an answer, or a CR 12 motion (with proof of service).
Page 27 | Case Schedule
A party joining an additional party must serve that party with the current Case Schedule together with the first pleading served on them.
6. Joining Party. A party who joins an additional party in an action shall serve the additional party with the current Case Schedule together with the first pleading served on the additional party.
Page 27 | Case Schedule
The Notice of Trial Setting and Certificate of Readiness must be served on the other parties or their attorneys.
1. Note for Trial Docket. Any party desiring to bring any issue of fact to trial, except for cases governed by Case Schedule Order, shall file with the Clerk, deliver a copy to the Judicial Assistants and serve upon the other parties or their attorneys a Notice of Trial Setting and Certificate of Readiness which shall contain:
Page 28 | G. Cases Not Governed by Civil Case Schedule Order
If the prevailing party fails to submit proposed findings in a timely manner, the other party may do so, and shall thereupon note the matter for presentment, giving the prevailing party at least seven (7) court days’ notice of the hearing.
If the prevailing party fails to submit proposed findings in a timely manner, the other party may do so, and shall thereupon note the matter for presentment, giving the prevailing party at least seven (7) court days’ notice of the hearing.
Page 30 | Local Civil Rule 52, A.2. Submission
A non-prevailing party must deliver two written copies of any objections and proposed substitutions to the opposing side within 15 days after receiving the findings, conclusions, or judgment or order.
3. Objections. A non-prevailing party objecting to the Findings, Conclusions or Judgment or Order shall, within fifteen (15) days after receipt of the same, deliver to opposing counsel or unrepresented party two (2) copies of the objections thereto in writing, and the proposed substitutions.
Page 30 | Local Civil Rule 52, A.3. Objections
The prevailing party must deliver the findings and conclusions together with the proposed judgment or order to opposing counsel or the unrepresented opposing party.
2. Submission. Not more than fifteen (15) days after the decision is rendered, the prevailing party shall submit Findings of Fact and Conclusions of Law and shall deliver the same, together with the Proposed Judgment or Order, to the opposing counsel or opposing party if not represented by counsel.
Page 30 | Local Civil Rule 52, A.2. Submission
Filing Fees and Waivers
A party filing a Statement of Arbitrability must pay the required fee to the Clerk.
Following commencement of the action, and no later than the date set forth in the case schedule order, any party may complete and file a Statement of Arbitrability, with payment of the required fee to the Clerk.
Page 56 | Local Superior Court Civil Arbitration Rule 2, A. Transfer to Arbitration
A party failing to timely file a Statement of Arbitrability is deemed to have waived arbitration and may subject the matter to arbitration only upon leave of court for good cause and payment of the filing fee.
A party failing to timely file a Statement of Arbitrability is deemed to have waived arbitration and may subject the matter to arbitration only upon leave of court for good cause and payment of the filing fee.
Page 56 | Local Superior Court Civil Arbitration Rule 2, A.2. Failure to File
The petitioner must pay publication costs, except that OCLA must pay or reimburse costs for a minor petitioner and OPD must do so for an indigent parent or legal guardian petitioner.
The petitioner must pay for the cost of publication, except if the petitioner is a minor, the Office of Civil Legal Aid (OCLA) must pay for or reimburse the publication costs, and if the petitioner is an indigent parent or legal guardian, the Office of Public Defense (OPD) must pay for or reimburse the publication costs.
Page 63 | Local Juvenile Court Rule 1.8
A submitting party who requests copies after providing none must pay the costs associated with the request.
3. No Copies Provided. If no copies are provided the submitting party must contact the Clerk’s office after two (2) days for copies and pay the costs associated with the request.
Page 43 | Requested Copies
Courtesy Copy Requirements
Except in adult criminal matters, bench copies, including proposed orders, must be uploaded to eMotion or jMotion for the correct docket and date within the timelines in LCR 7(A) or (B).
B. On all case types and for all matters except adult criminal matters, all bench copies, including any proposed order(s), shall be uploaded to eMotion (or jMotion for juvenile court matters) to the correct docket and for the correct docket date in accordance with the timelines noted in LCR 7(A) or (B).
Page 7 | Local Management Rule 2 — Electronic Bench Copies and Read Firsts
A party without eMotion/jMotion access must deliver hard-copy bench copies to Court Administration at least three court days before the hearing.
C. If a party does not have an ability to access to eMotion/jMotion, hard copies of any bench copies must be delivered to the Court Administration office no less than three (3) court days prior to the hearing.
Page 7 | Local Management Rule 2 — Electronic Bench Copies and Read Firsts
If a matter is continued or re-noted, the parties must move their eMotion/jMotion documents to the new docket date.
F. If a matter is continued or re-noted, it is the responsibility of the parties to move their eMotion/jMotion documents to the new docket date on eMotion/jMotion.
Page 8 | Local Management Rule 2 — Electronic Bench Copies and Read Firsts
For the covered adult civil motion, domestic, probate, and guardianship dockets, the moving party must upload or provide a hard copy of a Read First at least five calendar days before the hearing; matters excluded under LMR 2(H) are excepted.
G. For all adult civil motions, all domestic dockets, and for the probate and guardianship dockets (matters excluded from this rule are outlined below LMR 2(H)), the moving party for any matter must upload a “Read First” to eMotion or provide a hard copy of a Read First to the Court Administration office if the party does not have access to eMotion, no less than five (5) calendar days prior to a hearing to confirm the matter on the docket.
Page 8 | Local Management Rule 2 — Electronic Bench Copies and Read Firsts
A party with eMotion/jMotion access must upload bench copies at least five calendar days before the hearing.
D. If a party does have access to eMotion/jMotion, bench copies must be uploaded no less than five (5) calendar days prior to the hearing.
Page 8 | Local Management Rule 2 — Electronic Bench Copies and Read Firsts
Bench copies must be submitted as provided in Local Management Rule 2.
Bench copies shall be submitted as provided in Local Management Rule 2.
Page 19 | D. Civil Pleadings. Memorandum of Authorities and Affidavits Required.
A copy of the Notice of Trial Setting and Certificate of Readiness must be delivered to the Judicial Assistants.
1. Note for Trial Docket. Any party desiring to bring any issue of fact to trial, except for cases governed by Case Schedule Order, shall file with the Clerk, deliver a copy to the Judicial Assistants and serve upon the other parties or their attorneys a Notice of Trial Setting and Certificate of Readiness which shall contain:
Page 28 | G. Cases Not Governed by Civil Case Schedule Order
The moving and opposing parties must provide bench copies of their proposed orders in accordance with LMR 2.
The moving party shall prepare and file and serve a Proposed Order along with the motion and provide a bench copy of the proposed order in accordance with LMR 2. The opposing party shall file and serve their proposed order with their responsive materials and provide a bench copy as well.
Page 31 | Local Civil Rule 54(A)(1)
Bench copies of summary judgment briefs must be submitted in accordance with LMR 2.
Bench copies shall be submitted in accordance with LMR 2.
Page 32 | Local Civil Rule 56(A)(1)
Bench copies must be provided in accordance with LMR 2.
7. eMotion and bench copies: Bench copies must be provided in accordance with LMR 2 above.
Page 41 | Local Domestic Rule
A bench copy of any trial brief must be uploaded to eMotion or delivered as a hard copy to Court Administration at least two court days before trial.
A bench copy of the trial brief must be uploaded to eMotion or a hard copy delivered to the Court Administration office no less than two (2) court days prior to the start of trial.
Page 45 | Local Domestic Rule 8(B)
The prosecuting attorney must provide a bench copy to the court through eMotion or by hard copy to the Court Administration office.
and the prosecuting attorney will provide a bench copy to the court via eMotion or hard copy provided to the Court Administration office.
Page 60 | Local Criminal Rule 1.C. Filing of Responsive Memoranda
For the specified criminal hearings, the moving party must upload to eMotion bench copies of documents either party intends to rely on at least 24 hours before the hearing.
A. Not less than twenty-four (24) hours prior to any special set matter including sentencings, to any motion hearing, and/or any matter where the Department of Corrections or any treatment provider has filed any reports necessary for such hearing, including Pre-Sentencing Investigation reports, treatment compliance reports, or violation report(s), the moving party shall upload to eMotion bench copies of any document that either party intends to rely upon for the hearing, including bench copies of any briefing, memorandum of law, affidavits, reports, victim impact statements, etc.
Page 62 | Local Criminal Rule 8.11
A party without eMotion access must provide hard copies of all bench copies to the Court Administration office at least 24 hours before the hearing.
If a party does not have access to eMotion, hard copies of all bench copies must be provided to the Court Administration office no less than twenty- four (24) hours prior to the hearing.
Page 62 | Local Criminal Rule 8.11
In juvenile offender matters, a bench copy must be given to the Juvenile Legal Processing Unit and uploaded to jMotion.
In juvenile offender matters, a Bench copy will be given to Juvenile Legal Processing Unit and uploaded to jMotion.
Page 63 | Local Juvenile Court Rule 1.12
Bench copies must be provided in accordance with LCrR 8.11.
Bench copies shall be provided in accordance with LCrR 8.11.
Page 63 | G. Briefing Requirements
Bench copies of social worker court reports and GAL reports must be uploaded to the Court through jMotion.
The originals of all social worker court reports and GAL Reports shall be filed with the Superior Court Clerk and bench copies submitted to the Court via uploading to jMotion.
Page 63 | Local Juvenile Court Rule 1.12
Parties without computer or internet access must deliver bench copies to the relevant county juvenile court, at the listed address, by 9:00 a.m. one court day before the scheduled hearing, proceeding, or trial.
B. Parties without access to a computer and/or the Internet shall deliver bench copies to the relevant county’s: Benton County Juvenile Court located at 5606 W. Canal Place, Suite 106, Kennewick, WA 99336, or Franklin County Juvenile Court located at 1016 N. 4th Ave., Pasco, WA 99301. All bench copies must be submitted not later than 9:00 a.m. one court day prior to the scheduled hearing, proceeding or trial.
Page 63 | Local Juvenile Court Rule 1.12
For a motion under RCW 10.77.515 assigned to a pre-assigned judge, the filing party must email one bench copy of the motion and supporting materials to SpecialSets@co.benton.wa.us.
For any motion filed under RCW 10.77.515 in which a pre‑assigned judge has been designated, the filing party must submit a bench copy of the motion and supporting materials to: SpecialSets@co.benton.wa.us.
Page 66 | B. Motion for Acquittal on Grounds of Insanity
Parties must upload bench copies to jMotion for the appropriate date.
Parties shall submit a copy of the motion and the note for docket (with a date that LPU provided) to the Juvenile Court Legal Process Staff upon filing with the appropriate clerk’s office, and upload bench copies to jMotion to the appropriate date and docket to all parties.
Page 69 | Local Juvenile Court Rule 1.13
A copy of the violation must be uploaded to jMotion one day before the hearing.
Upload copy of violation to jMotion one (1) day prior to the hearing.
Page 70 | Local Juvenile Court Rule 7.18
At the judicial officer’s discretion, failure to upload or provide bench copies could result in the matter being continued or stricken.
E. Failure to upload bench copies to eMotion/jMotion or to provide hard copies of bench copies could result in a matter being continued or stricken at the discretion of the judicial officer.
Page 8 | Local Management Rule 2 — Electronic Bench Copies and Read Firsts
The Court encourages parties to upload bench copies as soon as possible so the judicial officer has adequate preparation time.
The Court encourages parties to upload bench copies to eMotion/jMotion as soon as possible to allow for adequate preparation time for the judicial officer.
Page 8 | Local Management Rule 2 — Electronic Bench Copies and Read Firsts
Sealing & Redaction Procedures
A dismissed grievance must be retained as a confidential, sealed record unless merit has been found.
Dismissed grievances shall be retained as a confidential, sealed record unless merit has been found.
Page 53 | Initial Screening of Grievance
Grievance materials and dispositions must remain confidential administrative records maintained by the Court Administrator and must not be filed in the court case file.
All grievance materials and dispositions are confidential administrative records maintained by the Court Administrator and shall not be filed in the court case file.
Page 54 | Confidentiality
All arbitration awards must be filed under seal with the Clerk.
A. Filing of Award. All arbitration awards shall be filed under seal with the Clerk.
Page 58 | Local Superior Court Civil Arbitration Rule 6 — Award
The court will consider State requests to seal all or part of supporting affidavits or declarations and, if it grants a request, will enter an appropriate order.
The court will consider any requests by the State to seal all or portions of any affidavits or declarations filed in support of the State’s memorandum, and, if granted, enter an appropriate order.
Page 60 | Local Criminal Rule 1.C. Filing of Responsive Memoranda
After reviewing the sealed materials in camera and considering the State’s position, the court will order that the materials remain sealed, be partially unsealed, or be unsealed.
D. Order on Review. After considering the State’s position and reviewing in camera the order and the affidavit and/or search warrant sealed pursuant thereto, the court will enter an order that (a) the affidavit and/or search warrant continue to be sealed as previously ordered, (b) designated portions of the affidavit and/or search warrant continue to be sealed and that the remainder thereof be unsealed, or (c) the affidavit and/or search warrant be unsealed.
Page 60 | Local Criminal Rule 1.D. Order on Review
The court may review orders sealing search warrants or supporting affidavits at any time at the prosecuting attorney’s request or on the court’s own motion.
A. Review. The court may review orders sealing search warrants and/or affidavits in support thereof at any time upon the request of the prosecuting attorney or upon motion of the court.
Page 60 | Local Criminal Rule 1.A. Review
Prior to such review the prosecuting attorney may submit to the court a memorandum generally setting forth the state’s position with regard to unsealing all portions of or none of the sealed affidavit and/or search warrant.
Prior to such review the prosecuting attorney may submit to the court a memorandum generally setting forth the state’s position with regard to unsealing all portions of or none of the sealed affidavit and/or search warrant.
Page 60 | Local Criminal Rule 1.B. Notice to and Response from Prosecuting Attorney
Filing Bundling Requirements
A Special Set request may not be joined with another motion, and additional time may not be added without court approval.
No other motion may be joined with a request for a special set request nor additional time added without approval from the Court.
Page 11 | Local Management Rule 6, All Special Set Requests
Pre-Motion Conference Requirements
Counsel for the moving or objecting party must arrange a good-faith meet-and-confer before the Court will entertain covered discovery motions or objections, except in an emergency; the Court may act against willful noncompliance.
The Court will not entertain any Motion or objection with respect to Civil Rules 26, 27, 30, 31, 33, 34, 35 or 36, Civil Rules for Superior Court unless it affirmatively appears that counsel have met and conferred with respect thereto. Counsel for the moving or objecting party shall arrange such a conference. If the Court finds that counsel for any party, upon whom a Motion for an objection with respect to matters covered by such rules is served, willfully refused to meet and confer, or having met, willfully refused or fails to confer in good faith, the Court may take appropriate action to encourage future good faith compliance. In the event of an emergency, the Court will entertain Motion objections which would otherwise be required by the above rules.
Page 21 | L. Discovery Motions
Before contacting the Judicial Assistant about a Case Schedule modification, the requesting party must confer with all other parties to determine whether they agree.
Before contacting the Judicial Assistant, the party seeking a modification shall confer with all other parties to determine whether agreement exists.
Page 21 | Local Civil Rule 16(A)(3)(a)
Review of a Commissioner’s order is de novo on the pleadings and proceeds without oral argument unless the reviewing Judge requests it.
Review of the Commissioner’s order shall be de novo based on the pleadings submitted and without oral argument unless requested by the reviewing Judge.
Page 35 | Review is De Novo for Motions for Revision
Oral argument on reconsideration or revision motions will not be noted or scheduled unless the court directs otherwise after reviewing the motion and response; the Judicial Assistant will contact the parties if directed by the court.
Oral Argument on Motions for Reconsideration or Revision will not be noted/scheduled unless the court directs otherwise after review of the Motion/Response. The Judicial Assistant will reach out to parties at the direction of the court.
Page 35 | Oral Argument
Motions are heard at trial unless the Court sets another time.
A. Generally. Motions, including motions to suppress evidence, motion regarding admissions, and other motions requiring testimony, shall be heard at the time of trial unless otherwise set by the Court.
Page 69 | Local Juvenile Court Rule 7.15
The Court may hear written and/or oral emergency motions on any docket, notwithstanding the foregoing provisions.
The foregoing provisions shall not prohibit the hearing of written and/or oral emergency motions at the discretion of the Court on any docket.
Page 19 | E. Civil Motion Calendar
Adjournment & Extension Requirements
Additional time may not be added to a Special Set request without court approval.
No other motion may be joined with a request for a special set request nor additional time added without approval from the Court.
Page 11 | Local Management Rule 6, All Special Set Requests
An approved Special Set hearing may not be canceled or stricken without prior court approval; if approval is not obtained before the hearing date, the matter must be called on the record that day to request cancellation.
Special set hearings approved by Superior Court may not be canceled or stricken without prior court approval. If court approval has not been granted before the scheduled hearing date, the matter must be called on the record on the day set to request the cancelation
Page 11 | Local Management Rule 6, All Special Set Requests
For good cause, the Court may modify or amend a Case Schedule or continue a trial on a party’s motion, all parties’ stipulation, or its own motion.
The Court may modify or amend a Case Schedule, or continue a trial, for good cause on motion of a party, by stipulation of all parties, or on the Court’s own motion.
Page 21 | Local Civil Rule 16(A)(1)
A settlement conference continuance may be authorized only by the Court upon a timely application.
Continuances of settlement conferences may be authorized only by the Court on timely application.
Page 23 | C. Pretrial Procedure
A motion to continue a summary judgment or partial summary judgment hearing, including one based on CR 56(f), must be scheduled for hearing at least one week before the scheduled summary judgment hearing.
Any motion to continue a Motion for Summary Judgment/Partial Summary Judgment for any reason, including reasons stated in CR 56(f), shall be scheduled to be heard at least one week before the scheduled date of the summary judgment hearing.
Page 32 | Local Civil Rule 56(A)(2)
A confirmed summary judgment hearing may not be continued without the presiding judicial officer’s permission, and the moving party must appear at the docket.
Once confirmed, no summary judgment hearing shall be continued without permission of the presiding judicial officer, and the moving party must appear at the docket.
Page 33
When the confirmation maximum has been reached, the moving party may continue the hearing to the next reasonably available setting, notify the other parties, and reconfirm; 28 days’ notice is not required, but the new hearing must be at least 14 days before trial.
A moving party contacting the clerk (Franklin County) or Judicial Assistant (Benton County) to confirm a summary judgment for a date for which the maximum number of summary judgments and over-ten- minute hearings have previously been confirmed may continue the hearing to the next reasonably available setting and provide notice of the continuance to the other parties in the action and shall re- confirm the continued setting in accordance with the above rules. Twenty-eight (28) days’ notice is not required for setting a new hearing hereunder. The new hearing date may be after the last date specified for filing dispositive motions in the Civil Case Schedule Order, but in no event less than fourteen (14) days before trial.
Page 33
If final orders are improperly uploaded to eMotion instead of submitted on paper, the Court must continue the hearing to allow time for proper submission.
If final orders are uploaded to eMotion instead of submitted properly in paper form, the hearing must be continued by the Court with time to submit final/default orders per the rules outlined herein.
Page 43 | Continuance
A hearing date more than 120 days after appointment or a continuance exceeding 60 days from the original date requires approval by the Presiding/Arbitration Judge.
B. Continuances. Any hearing date beyond 120 days from appointment, or any continuance exceeding 60 days from the original date, must be approved by the Presiding/Arbitration Judge.
Page 58 | Local Superior Court Civil Arbitration Rule 5 — Hearing
The arbitrator may request an award-filing extension by ex parte request to a Superior Court Judicial Officer and must notify all parties if the extension is granted.
B. Time for Filing. The arbitrator may request an extension to file the award by presenting an ex parte request to a Superior Court Judicial Officer and must notify all parties if granted.
Page 58 | Local Superior Court Civil Arbitration Rule 6 — Award
Hearings must be held 21 to 75 days after appointment, unless extended for good cause.
Hearings must be held no sooner than 21 and no later than 75 days after appointment unless extended for good cause.
Page 58 | Local Superior Court Civil Arbitration Rule 5 — Hearing
Changes of plea, motions to continue, and similar matters may not be placed on the Criminal Motion Docket without prior judicial-officer authorization, which must be noted on the docket Note.
Changes of plea, motions to continue, and similar matters are not permitted on the Criminal Motion Docket unless prior authorization is obtained from a judicial officer. Such authorization shall be noted on the Note for Criminal Motion Docket.
Page 63 | F. Matters Not Permitted
Speedy-trial waivers, defense continuance requests, and agreed continuances must be memorialized in writing on the Court-provided form.
Waivers of speedy trial, defense continuance requests, and agreed continuances must be memorialized in writing using the form provided by the Court.
Page 64 | D. Continuances and Waivers of Speedy Trial
If no conflict judge is available, the matter shall be continued for one week for good cause.
If a conflict judge is not available, the matter shall be continued for one week for good cause.
Page 65 | G. Disqualification/Recusal
The Court may grant a non-moving party’s request for a continuance in its discretion upon a showing of cause.
Upon a showing of cause, the Court, in its discretion, may grant the non-moving party’s request for a continuance.
Page 20 | G.2. Continuance or Striking of Noted Motions by Parties
The moving party may strike or continue a motion at any time without cause if adequate notice is given to opposing parties; sanctions may be imposed if due diligence could have avoided the opposing party’s appearance.
The moving party may strike or continue a motion at any time without cause with adequate notice to the opposing parties. Sanctions may be imposed if the opposing party’s appearance at the hearing could have been avoided through due diligence of the moving party.
Page 20 | G.2. Continuance or Striking of Noted Motions by Parties
Terms may be assessed if the moving party unreasonably refuses to continue the case or the opposing party is unreasonably unprepared for the hearing.
In the event the moving party unreasonably refuses to continue the case, or the opposing party unreasonably is not prepared for the hearing, terms may be assessed.
Page 33
The 10-day opposing-document period may be extended by 10 more days, to 20 days total, by court order for good cause or by written stipulation of the parties.
The 10-day period may be extended an additional ten (10) days for a total of twenty (20) days either by the court for good cause or by the parties’ written stipulation.
Page 34 | Local Civil Rule 59
The Court may waive seminar attendance or extend the required time for good cause.
The Court may waive a party’s attendance at such seminar or extend the time required for good cause.
Page 38 | Local Domestic Rule 1.G.1
The Administrative Presiding Judge or judicial officer handling the grievance may modify timelines for good cause.
Timelines may be modified for good cause by the Administrative Presiding Judge or judicial officer for the grievance.
Page 54 | Timelines. Receipt by Mail
The arbitrator may grant short continuances for good cause.
Short continuances may be granted by the arbitrator for good cause.
Page 58 | Local Superior Court Civil Arbitration Rule 5 — Hearing
If a matter is not ready when called, the Court may continue or strike it as appropriate.
If a matter is not ready to proceed when called, the Court may continue or strike it as appropriate.
Page 64 | A. Benton and Franklin Counties
If a party requests a continuance, a guardian ad litem report received within five calendar days of the hearing may constitute good cause.
A report received within five (5) calendar days of a hearing may constitute good cause of a continuance if a party requests a continuance.
Page 70 | Local Juvenile Court Rule 9.4
Chambers Communication Rules
For a special-set hearing request in a criminal case that is not pre-assigned, the parties must jointly email the request and attached form to specialsets@co.benton.wa.us.
a. Parties shall jointly email specialsets@co.benton.wa.us with the following information and attached request form (available on the court’s website):
Page 10 | Local Management Rule 6 — SPECIAL SET REQUESTS
For a special-set hearing request in a pre-assigned case, email the completed form to specialsets@co.benton.wa.us.
b. Email the completed form to specialsets@co.benton.wa.us. A conformation email will be sent acknowledging receipt.
Page 10 | Local Management Rule 6 — SPECIAL SET REQUESTS
All parties must jointly respond with acceptable hearing dates within two business days after receiving the date-options email from Court Administration or Judicial Assistants.
d. All parties shall jointly respond within two (2) business days after receipt of the email from Court Administration/Judicial Assistants indicating which date(s) are acceptable.
Page 10 | Local Management Rule 6 — SPECIAL SET REQUESTS
The completed Special Set Request Form must be emailed to the specified address with all parties copied.
The Special Set Request Form shall be completed and emailed to specialsets@co.benton.wa.us, with all parties copied on the email.
Page 11 | Local Management Rule 6, All Other Case Types
Interpreter requests must be emailed to the specified address within the stated timeframes.
Interpreter Requests must be submitted via email to: SCRequests@co.benton.wa.us in the timeframes out lined above.
Page 12 | Local General Rule 11, Submitting Interpreter Requests
Any party/attorney who has scheduled a hearing for which an interpreter has been requested and noted must promptly notify SCRequests@co.benton.wa.usif that hearing is continued or stricken. The notice must be prior to the scheduled matter and must be forty-eight (48) hours prior to the scheduled hearing. Notice shall be provided immediately to the court at: SCRequests@co.benton.wa.us.
Any party/attorney who has scheduled a hearing for which an interpreter has been requested and noted must promptly notify SCRequests@co.benton.wa.usif that hearing is continued or stricken. The notice must be prior to the scheduled matter and must be forty-eight (48) hours prior to the scheduled hearing. Notice shall be provided immediately to the court at: SCRequests@co.benton.wa.us.
Page 13 | D. Notice Required When Hearing is Stricken/Continued
Authorized Transcriptionist applications must be submitted by email to the stated Superior Court Management address.
Applications shall be submitted to: SCCourtManagement@co.benton.wa.us.
Page 15 | Local General Rule 35, C.2. Submission of Application
When a matter settles outside court and no settlement conference is needed, the parties must notify the Civil Judicial Assistant at least five days beforehand so the conference can be stricken.
If a matter is settled outside of court and a settlement conference is no longer needed, parties are required to notify the Civil Judicial Assistant of settlement of the matter at least five (5) days prior to their settlement conference date so that the settlement conference can be stricken, and a Notice of Settlement must be filed at least five (5) days prior to the settlement conference.
Page 23 | Notice of Settlement
A copy of the pre-assignment motion must be emailed to SpecialSets@co.benton.wa.us.
A copy of the Motion shall be emailed to: SpecialSets@co.benton.wa.us
Page 24 | D. Pre-Assignment of Judicial Officers
For out of county pre-assigned cases, ex parte motions and proposed orders must be uploaded to eMotion and immediately emailed to : specialsets@co.benton.wa.us. Indicate urgency in the email subject line when applicable.
For out of county pre-assigned cases, ex parte motions and proposed orders must be uploaded to eMotion and immediately emailed to : specialsets@co.benton.wa.us. Indicate urgency in the email subject line when applicable.
Page 24 | D. Pre-Assignment of Judicial Officers
Parties must not email, call, or visit an out-of-county judicial officer directly unless that officer specifically instructs them to do so.
Parties shall not email, call, or visit the out of county judicial officer directly, unless specifically instructed to do so by the judicial officer.
Page 25 | II. LOCAL MANAGEMENT RULE (LMR)
For covered matters, the moving and opposing parties must email proposed orders to the specified address and copy all parties.
For matters set on the Benton County and/or Franklin County Civil docket and Civil Summary Judgment docket (except unlawful detainer matters) only, the moving party and any party opposing a motion must email a WORD version of any proposed order(s) to SCProposedOrders@co.benton.wa.us no later than three (3) calendar days before a hearing, and all parties must be copied on any email message sent to that email.
Page 31 | Local Civil Rule 54(A)(2)
The moving party must confirm with the clerk that a Benton County summary judgment or over-ten-minute hearing will proceed between Friday at 8:00 a.m. and Monday noon in the week before the hearing.
The moving party shall confirm with the clerk that summary judgment and over-ten-minute hearings will be heard on the date set during the following time periods: a. Benton County: Summary judgment and over-ten-minute hearings shall be confirmed no sooner than Friday at 8:00 am and no later than Monday noon the week preceding the date the motion is noted for hearing.
Page 32 | Local Civil Rule 56(A)(4)(a)
When filing the motion, the moving party must email the Judicial Assistants at the stated address with the listed filing materials and include all parties and/or attorneys in the distribution unless law requires otherwise.
Upon filing the motion with the Clerk, the moving party shall send email confirmation of filing, a copy of the motion, any attachments, proof of service, and Microsoft WORD format of the proposed order (subject to technology access), to the Judicial Assistants at: Reconsideration-Revision@co.benton.wa.us. The email must include all parties and/or attorneys on the distribution, unless otherwise required by law.
Page 34 | Local Civil Rule 59
When filing opposing documents, the responding party must email the Judicial Assistants confirmation and the listed filing materials, including a proposed order in Microsoft WORD format, subject to technology access.
Upon filing the opposing documents with the Clerk, the responding party shall send email confirmation of filing, a copy of the response, any attachments, proof of service, and Microsoft WORD format proposed order (subject to technology access), to the Judicial Assistants at:
Page 34 | Local Civil Rule 59
Emails to the reconsideration/revision address must include all parties and/or attorneys on the distribution, unless otherwise required by law.
Reconsideration-Revision@co.benton.wa.us. The email must include all parties and/or attorneys on the distribution, unless otherwise required by law.
Page 35 | Reconsideration/Revision
A motion and/or affidavit for notice of disqualification must be delivered to Court Administration; notices of disqualification do not apply to commissioners, and a party seeking recusal must deliver a copy to that office or request recusal orally on the record.
C. Notice of Disqualification/Request for Recusal. Under RCW 4.12.050, a copy of the motion and/or affidavit for notice of disqualification shall be delivered to the Court Administration office. Notices of disqualification are not applicable to court commissioners. Instead, court commissioner decisions are subject to revision under RCW 2.24.050 and Local Civil Rule 59. A party requesting the recusal of the judge or commissioner shall deliver a copy to the Court Administration office or orally request on the record.
Page 36 | Local Civil Rule 77.C
Each party must notify the County Clerk of a mailing-address change immediately.
Each party must update their mailing address with the County Clerk’s office immediately upon a change of address.
Page 37 | Local Domestic Rule 1.B
Requests for clarification about final-document submissions must go to the Trial Court Judicial Officer through Court Administration, copy the other party on all communications, and include the trial dates.
Any request for clarification regarding submission of final documents must be directed to the Trial Court Judicial Officer through the Court Administration office. The other party must be copied on all communications, and the dates of the trial must be included.
Page 46 | Local Domestic Rule 8(C)(8)
Written requests must be emailed to the Guardianship Monitoring Program at the listed address.
Written Request must be submitted to the Guardianship Monitoring Program at: GMP.Registry@co.benton.wa.us.
Page 49 | Local Guardian ad Litem Rule 5(A)(1)(a)
In Benton County, scheduled matters must be confirmed by email to criminalconfirmations@co.benton.wa.us on the Wednesday before the docket between 7:00 and 11:00 a.m.
2. Benton County: criminalconfirmations@co.benton.wa.us. Shall be confirmed on Wednesday between 7:00 and 11:00 a.m. prior to the docket.
Page 64 | M. Confirmation
In Franklin County, scheduled matters must be confirmed by email to criminalconfirmations@franklincountywa.gov on the Monday before the docket between 7:00 and 11:00 a.m.
1. Franklin County: criminalconfirmations@franklincountywa.gov. Shall be confirmed on Monday between 7:00 and 11:00 a.m. prior to the docket.
Page 64 | M. Confirmation
Parties must not contact Court Administration or Judicial Assistants to request a conflict judge.
Parties shall not contact the Court Administration office/Judicial Assistants to request a conflict judge.
Page 65 | G. Disqualification/Recusal
The email submitting the bench copy must state the speedy-trial expiration date, and the opposing party or counsel must provide its date if they disagree.
For any motion filed under RCW 10.77.515 in which a pre‑assigned judge has been designated, the filing party must submit a bench copy of the motion and supporting materials to: SpecialSets@co.benton.wa.us. 1. The moving party shall provide the date of speedy trial expiration in the said email, and the opposing party/counsel shall detail speedy trial expiration, if in disagreement.
Page 66 | B. Motion for Acquittal on Grounds of Insanity