Benton and Franklin Counties Superior Court Document Filing Requirements

CRITICAL

Applies to

Summary judgment motion

The moving party must identify with particularity the documentary evidence, including depositions, supporting the summary judgment motion.

The moving party shall specify with particularity the documentary evidence, including depositions, on which the motion is based.

CRITICAL

Applies to

De facto parentage petition

All petitions adjudicating a de facto parentage claim under RCW 26.26A.440 require Court Review.

All petitions adjudicating a claim of de facto parentage under RCW 26.26A.440 require Court Review.

CRITICAL

Applies to

Omnibus order

If all parties agree an omnibus hearing would not be beneficial, an Omnibus Order must be presented ex parte before the hearing date with a stipulation and order striking the hearing, signed by the prosecuting attorney and defense counsel or the pro se defendant.

If all parties agree that an omnibus hearing would not be beneficial, then prior to the Omnibus hearing date, the Omnibus Order shall be presented ex parte along with a stipulation and order striking the Omnibus hearing which shall be signed by the prosecuting attorney and defense counsel or the pro se defendant.

CRITICAL

Applies to

UCCJEA information form

When a UCCJEA hearing is required, both parties must complete and file a UCCJEA information form.

If a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) hearing is required, both parties shall complete and file a UCCJEA information form.

CRITICAL

Applies to

Proposed order

Proposed orders must include the designated cover sheet; orders without it will be rejected or returned, and mailed documents will not be held or returned.

5. Cover Sheet Requirement. Proposed Orders must include the designated cover sheet (found on the court’s website). Orders submitted without the required cover sheet will be rejected at delivery or returned through legal process service (where applicable). Mailed documents will not be held or returned.

CRITICAL

Applies to

Appointment declination

A declination of an appointment must be accompanied by a declaration explaining the reason.

Any declination of appointments will require a declaration outlining the reason for the declination.

CRITICAL

Applies to

Decision notice

Notice of the reconsideration decision must be provided in writing.

Written notice of the decision will be provided.

CRITICAL

Applies to

Request for court review

The Request for Court Review must be delivered to the judicial officer assigned to the docket presiding over the case.

Request for Court Review shall be delivered to the judicial officer assigned to the docket presiding over the case.

CRITICAL

Applies to

Pretrial order

The Pretrial Order must be signed by the Judicial Officer.

The Pretrial Order must be signed by the Judicial Officer.

CRITICAL

The movant must aver either that the matter cannot be temporarily resolved pending a regularly set hearing or that the parties tried and reached an impasse.

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.

CRITICAL

Applies to

Special set hearing request

A litigant requesting a special-set hearing in a pre-assigned case must complete the Pre-Assigned Hearing Request Form.

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.

CRITICAL

Applies to

Special set request form

Every section of the Special Set Request Form must be completed, with “not applicable” indicated where appropriate.

All sections of the form must be fully completed; “not applicable” must be indicated where appropriate.

CRITICAL

Applies to

Lower court record

The appellant is responsible for obtaining and filing the lower-court record in accordance with RALJ and Local Court Rules.

F. Record of the Lower Court. The appellant is responsible for obtaining and filing the record from the lower court in accordance with RALJ and Local Court Rules.

CRITICAL

Applies to

Case filing

When a case filing sets release conditions requiring bail, a separate bond in the specified amount is required for each case, and an aggregate bond for multiple cases is prohibited.

All case filings wherein conditions of release requiring bail are set shall require a separate and distinct bond posted by the surety in the specific amount specified for each case. A bond in the aggregate amount for multiple cases will not be allowed,

CRITICAL

Applies to

Statement of qualifications

An appointed Court Visitor must file and serve a Statement of Qualifications in accordance with the cited statutes.

A Court Visitor appointed shall file with the Court & serve upon the parties a Statement of Qualifications in conformance with RCW 11.130.280 and RCW 11.130.380 on Minor conservatorships.

CRITICAL

Applies to

Notice of trial setting and certificate of readiness

For cases not governed by a Case Schedule Order, a party seeking trial on an issue of fact must file a Notice of Trial Setting and Certificate of Readiness, deliver a copy to the Judicial Assistants, and serve it 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:

CRITICAL

Applies to

Settlement position statement

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.

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.

CRITICAL

Applies to

Case schedule order

After court approval, the moving party must provide any Case Schedule Order that is not in the required format.

Any Case Schedule Orders not in the required format shall be provided by the moving party after approval from the court.

CRITICAL

Applies to

Agreed final order

This rule applies only to agreed final orders and default orders with a scheduled hearing; parties without a scheduled hearing date must not submit orders under it.

A. Scope. This rule applies only to Agreed Final Orders and Default Orders for which a hearing has already been scheduled. Parties without a scheduled hearing date shall not submit orders under this rule.

CRITICAL

Applies to

Note for motion

The Note for Motion must state “Clerk’s Action Required.”

The Note for Motion shall indicate “Clerk’s Action Required.”

CRITICAL

Applies to

Name change petition

When a change of name to that of a stepparent is sought for a child under eighteen (18) years of age, notice must be given to the natural parent(s) in the manner of giving notice to a non- consenting parent in an adoption, and in addition, written consent will be required of any child over fourteen (14) years of age, unless good cause is shown as to why such notice should not be given.

When a change of name to that of a stepparent is sought for a child under eighteen (18) years of age, notice must be given to the natural parent(s) in the manner of giving notice to a non- consenting parent in an adoption, and in addition, written consent will be required of any child over fourteen (14) years of age, unless good cause is shown as to why such notice should not be given.

CRITICAL

Applies to

Order shortening time

An Order Shortening Time must specify the minimum notice to be provided to the responding party.

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.

CRITICAL

Applies to

Special set request form

Required Special Set request forms must be completed and submitted with all parties included on the email.

The required special set request forms shall be completed and submitted with all parties included on the email.

CRITICAL

Applies to

Order of appointment

The Court Visitor must receive a copy of the appointment order within two days of entry, along with party information for review.

The Court Visitor will be provided a copy of the order within 2 days of entry. The Judicial Assistant will also provide party information for the Court Visitor’s review.

CRITICAL

Applies to

Immediate order

An immediate or emergency family-law restraining order must state the finding that irreparable injury could result if the order is not entered.

a. Immediate (or emergency) orders in family law matters that restrain one party from the family home or from contact with the other party or children shall not be entered unless the Court finds (and the order provides) that irreparable injury could result if the order is not entered.

CRITICAL

Applies to

Interpreter request

An interpreter-request email must state the required language, hearing or trial date, time and length, and case number.

The email must include the following: a. Language Required b. Date, Time, & Length of Hearing/Trial c. Case Number

CRITICAL

Applies to

Emergency minor guardianship conservatorship filing

Parties must use state forms for Emergency or Minor Guardianship and Conservatorship matters.

Parties are required to use the state forms for Emergency / Minor Guardianship and Conservatorship matters.

CRITICAL

Applies to

Trial noting

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.

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.

CRITICAL

Applies to

Notice of gal cv rotation

After a GAL/CV accepts the appointment, the requesting party must return the rotation form to the Judicial Assistant with the selected name clearly indicated.

Once a GAL/CV has accepted the appointment, the requesting party shall return the Notice of GAL/CV Rotation form to the Judicial Assistant with the name of the selected GAL/CV indicated clearly on the form.

CRITICAL

Applies to

Social worker court reports and GAL reports

Original social worker court reports and GAL reports must be filed with the Superior Court Clerk, and bench copies must be uploaded to jMotion for the Court.

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

Applies to

Motion

Motions to amend Conditions of Release must be filed with a Note for Docket and a brief or declaration summarizing the facts.

C. Motions to Amend Conditions of Release shall be filed, along with a Note for Docket and a brief and/or declaration which shall include a summary of the facts upon which the motion is based not less than 72 hours before the hearing unless the Court finds emergent circumstances involving serious threat to safety of the community or the Respondent requiring an immediate hearing.

CRITICAL

Applies to

Request for court review

To initiate Court Review, do not note the matter for a hearing; after service and timing requirements are satisfied, submit FL Parentage Form 343 on the ex parte docket.

To initiate the Court Review process, do not note the matter for a hearing on a docket; instead, when service and timing requirements are satisfied, submit FL Parentage Form 343 (Request for Court Review – De Facto Parentage) on the ex parte docket.

CRITICAL

Applies to

Entry of final documents hearing submission

If the moving party does not submit proposed final documents within 30 days of the written decision, the responding party may submit them, must set an Entry of Final Documents hearing through the special set process, and must give the moving party at least 21 days’ notice and bring proof of notice to the hearing.

If the moving party fails to submit proposed final documents within thirty (30) days of the written decision, the responding party may submit them. The responding party must set the matter for an Entry of Final Documents hearing before the Trial Court judicial officer through the special set process and must give the moving party at least 21 days’ notice. Proof of notice must be brought to the hearing.

CRITICAL

Applies to

Agreed final order and default final order

The required Final Order Submission Coversheet must be submitted together with agreed or default final orders.

All Agreed Final Orders and Default Final Orders, together with the required Final Order Submission Coversheet, must be submitted to the Court Administration office no later than 3:00 p.m., five (5) court days prior to the scheduled hearing.

CRITICAL

Applies to

Preliminary report

County-Paid GALs must file a preliminary report.

County-Paid GALs shall file a preliminary report

CRITICAL

Applies to

Witness disclosure

Witness disclosures must include contact information for all witnesses, anticipated testimony topics for lay witnesses, and specified opinions, bases, and qualifications for experts.

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.

CRITICAL

Applies to

Community supervision violation report

The probation counselor must prepare a written report of the alleged violations.

1. The probation counselor shall prepare a written report of the alleged violations.

CRITICAL

Applies to

Special set hearing request

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.

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.

CRITICAL

Applies to

Read first

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).

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

Applies to

Adequate cause order

Parties or counsel must provide the Judicial Assistant a conformed copy of the signed adequate-cause order within one week of entry.

Parties or counsel must provide a conformed copy of the signed Order establishing Adequate Cause to the Judicial Assistant within one week of entry.

CRITICAL

Applies to

Primary witness disclosure

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.

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.

CRITICAL

Applies to

Grievance

Must include

judge name, case number

A grievance must include the filer’s contact information, case and judicial officer details, trial date, relevant discussion and response, alleged violations and supporting facts, and requested corrective action with reasons.

The grievance must include: a. The name, mailing address, telephone number, and e mail address of the party filing the grievance; b. The case number and case name; c. The name of the Judge or Court Commissioner hearing the case; d. The trial date; e. Whether the party filing the grievance has discussed the grievance with the GAL/Court Visitor; f. What action the GAL/Court Visitor has taken to address the grievance; g. Which provision(s) of the Order Appointing GAL/Court Visitor or these policies the party claims were violated; h. A complete statement of the specific facts underlying each alleged violation; i. What corrective action is requested and why.

CRITICAL

Applies to

Note for docket

The moving party must certify in the note for docket that every party consents to decision without oral argument.

The moving party shall certify in the note for docket that every party has consented to determination without oral argument.

CRITICAL

Applies to

Findings of fact and conclusions of law

If the prevailing party does not timely submit proposed findings, the other party may submit them and must note the matter for presentment with at least seven court days’ notice of the hearing to the prevailing party.

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.

CRITICAL

Applies to

Exhibit list

Each party must file a list of the exhibits to be considered at trial.

Each party shall file a list of exhibits to be considered at trial.

CRITICAL

Applies to

Order of appointment

The requestor must present the Order of Appointment to the court and obtain court approval; it may be presented at ex parte, and the parties must be served as required by statute.

The requestor shall present the Order of Appointment to the court. The order can be presented at ex parte. c. The requestor shall have an Order of Appointment approved by the Court and parties served per statute.

CRITICAL

Applies to

Bench warrant

Civil bench warrants are valid for one year from issuance unless quashed earlier and must substantially state that they expire one year from issuance.

A. All bench warrants issued in a civil proceeding shall be valid for one year from the date of issuance, unless quashed earlier. All such warrants issued in a civil proceeding shall contain substantially the following language: This warrant shall expire at the end of one year from the date of issuance.

CRITICAL

Applies to

Assets and debts list

When asset or debt distribution is at issue, each party must serve and submit the required asset-and-debt list at least two days before trial, including valuations, property characterization, and a proposed distribution position.

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.

CRITICAL

Applies to

Summary judgment motion

A brief or memorandum of points and authorities is mandatory for every summary judgment motion, and the original must be filed with the Superior Court Clerk.

Briefs, or memorandum of points and authorities, shall be mandatory with respect to all motions for summary judgment. The original is to be filed with the Superior Court Clerk and properly served on all other parties.

CRITICAL

Applies to

Statement of arbitrability

A Statement of Arbitrability must use the court-prescribed form available on the Court’s Website.

The Statement of Arbitrability shall be filed on the court prescribed form found on the Court’s Website.