Benton and Franklin Counties Superior Court Courtesy Copy Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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:

CRITICAL

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.

CRITICAL

Bench copies must be provided in accordance with LCrR 8.11.

Bench copies shall be provided in accordance with LCrR 8.11.

CRITICAL

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.

CRITICAL

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).

CRITICAL

Bench copies must be submitted as provided in Local Management Rule 2.

Bench copies shall be submitted as provided in Local Management Rule 2.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Bench copies of summary judgment briefs must be submitted in accordance with LMR 2.

Bench copies shall be submitted in accordance with LMR 2.

CRITICAL

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.

WARNING

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.

INFO

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.