Benton and Franklin Counties Superior Court Document Filing Requirements

CRITICAL

Applies to

Iflt selection form

Each party must sign and file the IFLT Selection Form 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

CRITICAL

Applies to

Witness list

A party intending to call witnesses must file and serve a witness list containing a two- to three-sentence summary of each witness’s anticipated testimony.

Any party intending to call witnesses shall file and serve a witness list with a two- to three-sentence summary of the anticipated testimony of each witness.

CRITICAL

Applies to

Guardian ad litem report

In select proceedings, a guardian ad litem must submit a written report addressing all relevant factors and recommending an appropriate disposition in the child’s best interests.

B. Reports. In select proceedings, the guardian ad litem shall submit a written report to the court addressing all relevant factors and making a recommendation to the court as to an appropriate disposition in the best interests of the child.

CRITICAL

Applies to

Special set request

A litigant requesting another type of Special Set must first obtain a court order authorizing it.

All Other Case Types. A litigant requesting a Special Set not covered above must first obtain a court order authorizing the special setting.

CRITICAL

Applies to

Motion

Upon filing with the clerk, parties must submit a copy of the motion and a dated note for docket to Legal Process Staff.

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

Applies to

Note for criminal motion docket

Out-of-custody defendants or counsel authorized under CrR 3.4 or emergency court rules must sign the Note for Criminal Motion Docket to confirm notice.

Out-of-custody defendants, or counsel authorized under CrR 3.4 or emergency court rules, must sign the Note for Criminal Motion Docket to confirm notice.

CRITICAL

Applies to

Trial management report

In cases governed by a Civil Case Schedule Order, the parties must jointly prepare a Trial Management Report.

In cases governed by a Civil Case Schedule Order, the parties must jointly prepare a Trial Management Report.

CRITICAL

Applies to

Trial management report

All parties’ attorneys must confer to complete the Trial Management Report; if a party fails to cooperate, another party may file and serve the report and note that refusal.

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.

CRITICAL

Applies to

Proposed order

If a hearing is continued, re-noted, or stricken, parties must submit new proposed orders because previously submitted orders will not be retained.

7. Continued, Stricken, or Re-Noted Hearings (both counties). If the hearing is continued, re-noted, or stricken then the previously submitted Proposed Orders will not be retained. Parties must submit new Proposed Orders as outlined above.

CRITICAL

Applies to

Proposed order

After receiving an objection or the objection period expires, the party who initially prepared the proposed order must take the specified response steps.

After receiving an objection to a proposed order or the expiration of time in which an objection to a proposed order may be raised, the party who initially prepared the proposed order shall:

CRITICAL

Applies to

Docket note

A docket note for a criminal matter noted on a shortened-time basis must cite this rule.

A. As necessary, to expedite the business of the court and in order to ensure the best use of judicial and court resources, criminal matters may be noted on a shortened-time basis on the daily preliminary docket, provided the note for docket cites to this rule.

CRITICAL

Applies to

Order to consolidate

For cases consolidated for trial only, an original order identifying the lead case number must be submitted in each case; consolidation is presumed to be for trial only unless stated otherwise.

A. Consolidated Cases for Trial Only. When two or more cases are consolidated for trial only, an original Order to Consolidate, reflecting the cause number to be used as the lead case in which all subsequent documents will be filed, shall be submitted in each case. Consolidated cases shall be presumed to be consolidated for trial only, unless otherwise indicated.

CRITICAL

Applies to

Order to consolidate

For consolidated cases, an Order to Consolidate identifying the lead case number and all other relevant case numbers must be submitted in each relevant case.

B. Consolidated Cases. When two or more cases are consolidated, an Order to Consolidate reflecting the cause number to be used as the lead case and all other numbers relevant to the consolidation shall be submitted in each relevant case.

CRITICAL

Applies to

Criminal motion docket brief and witness list

For CrR 3.6 matters, the moving party must serve and file a brief and, if applicable, a witness list; for CrR 3.5 hearings, the moving party must serve and file a witness list, all when filing the Note for Docket.

The moving party shall serve and file a brief and witness list, if applicable, for any CrR 3.6 matters, or a witness list for any CrR 3.5 hearings, at the same time as filing the Note for Docket.

CRITICAL

Applies to

Parenting seminar certificate of completion

Parties must complete an approved parenting seminar before entry of a permanent parenting or residential plan and file and serve its completion certificate.

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.

CRITICAL

Applies to

Order appointing guardian ad litem

Retainer fees and intake packets must be submitted to the GAL before the appointment order is filed.

Retainer fees and intake packets must be submitted to the GAL prior to filing the order.

CRITICAL

Applies to

Proposed findings conclusions and judgment or order

Upon receiving objections, the opposing side must deliver the proposed findings, conclusions, and judgment or order, along with one copy of the objections and proposed substitutions, to the presiding judicial officer through the Judicial Assistant.

Upon receipt of the objections, the opposing counsel or unrepresented party shall deliver the proposed Findings, Conclusions and proposed Judgment or Order, together with one (1) copy of the objections and the proposed substitutions received from opposing counsel to the presiding judicial officer through the Judicial Assistant.

CRITICAL

Applies to

Witness list

Each party’s pre-hearing filing must include a witness list with each witness’s name, phone number, and a brief summary of expected testimony.

A witness list, including each witness’s name, phone number, and a brief summary of expected testimony.

CRITICAL

Applies to

Request for clarification

A request for clarification about final-document submissions must 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.

CRITICAL

Applies to

Interpreter request

Parties requiring interpreters must submit requests in accordance with Local General Rule 11.

Parties requiring interpreters shall submit requests outlined in Local General Rule 11.

CRITICAL

Applies to

Case schedule amendment motion or stipulation or trial continuance request

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.

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.

CRITICAL

Applies to

Note for docket

If the moving party expects argument by all sides collectively to exceed 10 minutes, the movant must mark the Note for Docket “over 10 minutes.”

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.”

CRITICAL

Applies to

Notice of trial setting

If the setting attorney believes an objection to readiness is unjustified, the attorney must indicate that on the setting notice.

5. Objections. If there is an objection and the setting attorney believes the objections to readiness are not justified, the attorney shall so indicate on the setting notice and the matter shall be noted on the civil motion docket to argue the matter of trial setting.

CRITICAL

Applies to

UCCJEA information form

The parties must provide a copy of the UCCJEA information form to the Domestic Judicial Assistant.

The parties must also provide a copy to the Domestic Judicial Assistant.

CRITICAL

Applies to

Rebuttal witness disclosure

By the Case Schedule disclosure date, each party must disclose rebuttal witnesses whose knowledge became relevant only after disclosure of the primary witnesses and whom the party may call at trial.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Proposed order submission

The party who initially prepared the proposed order must file the documents with the Clerk after the objection-response step.

File the documents with the Clerk;

CRITICAL

Applies to

Motion

The motion must be filed as a document separate from the Note for Docket.

The motion shall be contained in a separate document from the Note for Docket addressed hereinbelow.

CRITICAL

Applies to

Final order submission

Parties must provide the required information on the Final Order Submission Coversheet when submitting the order.

1. Parties must provide the following on the required Final Order Submission Coversheet at the time of submission:

CRITICAL

Applies to

Motion

Must include

proposed order

When a proposed order is required or elected before a motion hearing, the moving party must file it with the motion and the opposing party must file theirs with responsive materials.

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

Applies to

Notice of trial setting

If no party objects, the attorney must certify that fact on the notice of setting.

4. No Objections. If there is no objection, the attorney shall so certify on the notice of setting.

CRITICAL

Applies to

Hearing notice

The adequate-cause hearing notice must state the hearing’s time, date, and place and advise the other party of the right to file opposing affidavits.

The notice shall state the time, date, and place of the hearing and must advise the other party of their right to file opposing affidavits.

CRITICAL

Applies to

Financial disclosure

For a spousal-maintenance modification, each party must disclose year-to-date paystubs and two years of tax returns unless disputing cause or adequate cause to modify.

As part of any petition to modify spousal maintenance, unless the party is disputing cause/adequate cause to modify, each party shall disclose within sixty (60) days of filing the petition and response their year-to-date paystubs as well as tax returns for the preceding two (2) years.

CRITICAL

Applies to

Settlement position statement

All parties must prepare and submit a settlement position statement by the date listed in the civil case schedule order, using eMotion or hard copies delivered to Court Administration; the statement is not filed in the court file.

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.

CRITICAL

Applies to

Trial brief

A party intending to submit a trial brief must file and serve it at least two court days before trial, detailing the legal points and authorities related to the trial issues.

If a party intends to submit a trial brief, the party shall file and serve a trial brief no less than two (2) court days before trial begins detailing the legal points and authorities related to the issues to be resolved at trial.

CRITICAL

Applies to

Prosecutor memorandum

The original of a memorandum submitted under subsection B must be filed unsealed with the sealing order.

The original of any memorandum submitted pursuant to subsection (B) will be filed, unsealed, with the order sealing the affidavit and/or search warrant,

CRITICAL

Applies to

Notice of trial setting and certificate of readiness

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.

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.

CRITICAL

Applies to

Trial management report

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.

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.

CRITICAL

Applies to

Objections

Objections must be in writing, provided in two copies, and accompanied by proposed substitutions.

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.

CRITICAL

Applies to

Statement of arbitrability

The filing party must file the Statement of Arbitrability with the Clerk and deliver a duplicate to the Judicial Assistant.

The filing party must file the statement with the clerk, delivery a duplicate to the Judicial Assistant and serve all parties.

CRITICAL

Applies to

Gal appointment request

A party seeking a Guardian ad Litem appointment from the registry must provide a written request.

A party needing an appointment for Guardian ad Litem (GAL) from the Guardian ad Litem/Court Visitor registry shall provide a written request.

CRITICAL

Applies to

Declaration of completion

The mediator must file a declaration of completion within seven days after mediation is completed.

Within seven (7) days of completion, a declaration of completion shall be filed by the mediator.

CRITICAL

Applies to

Motion submission email

Must include

proposed order

The filing email for a revision or reconsideration motion must include a proposed order, subject to technology access.

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.

CRITICAL

Applies to

Objection

Must include

proposed order

An objection to a proposed order must include a proposed alternative order.

Include a proposed alternative Order.

CRITICAL

Applies to

Grievance

A grievance must identify acts or omissions tied to grounds for denying, removing, or temporarily suspending registry listing, including the listed conduct.

The grievance must specify the acts or failures to act related to grounds which are also grounds for denial of listing on, removal from, or temporary suspension of the GAL/Court Visitor registry, including: a. Violation of the GAL/Court Visitor Code of Conduct; b. Misrepresentation of qualifications; c. Failure to meet annual update requirements; and/or d. Any reason questioning suitability to serve, including but not limited to: e. Breach of confidentiality; f. Falsifying information on the application; g. Falsifying information in a court report; h. Failure to report abuse of a child; i. Ex parte communication; j. Representing the court in a public forum without prior approval; k. Violations of state or local laws or court rules while serving; l. Dissemination of any bi-county police information.

CRITICAL

Applies to

Motion

A revision or reconsideration motion must state specific grounds for each claimed error and include supporting argument and legal authorities.

The motion must set forth specific grounds for each claimed error and argument and legal authorities in support thereof.

CRITICAL

Applies to

Trial priority readiness trial form

The Trial Priority/Readiness Trial form remains required.

Trial Priority/Readiness Trial form remains required.

CRITICAL

Applies to

Financial disclosure

For a child-support modification, each party must disclose year-to-date paystubs and two years of tax returns unless disputing cause or adequate cause to modify.

As part of any petition to modify child support, unless the party is disputing cause/adequate cause to modify, each party shall disclose within sixty (60) days of filing the petition and response their year-to-date paystubs as well as tax returns for the preceding two (2) years.

CRITICAL

Applies to

Case schedule modification motion or stipulation

After obtaining the Certificate, the requesting party must file and serve the motion or stipulation, supporting declaration, and Certificate; attach the Certificate to the motion or declaration; and note the motion on the appropriate docket or present a stipulation at ex parte.

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.

CRITICAL

Applies to

Order to strike

When a CR2A agreement is entered, the hearings must be stricken by order and final orders entered within 60 days.

If a CR2A agreement is entered, the settlement/pretrial conference and trial shall be stricken. The striking of hearings must be accompanied by an order to strike and entry of finals within 60 days.