Benton and Franklin Counties Superior Court Document Filing Requirements

CRITICAL

Applies to

Authorized transcriptionist application

Applications to become Authorized Transcriptionists must be complete and include all supporting documents.

Applications must be complete and include all supporting documents.

CRITICAL

Applies to

Response

An arbitrability objection must be noted for hearing.

Any party objecting to arbitrability must file and serve a Response within 10 court days and note any objection for hearing.

CRITICAL

Applies to

Note for docket

If a matter is stricken and the moving party wants a hearing, the moving party must file a new Note for Docket with the Clerk.

If the matter is stricken and the moving party desires a hearing, a new Note for Docket must be filed with the Clerk.

CRITICAL

Applies to

Motion for fees beyond case cap

A request for fees beyond the case cap must be made by a separate motion supported by appropriate affidavits before those fees are incurred.

If additional fees beyond the case cap are requested, such request shall be by a separate motion supported by appropriate affidavits and shall be made before fees beyond the case cap are incurred.

CRITICAL

Applies to

Motion

A party remaking the same motion before a different judicial officer must identify the prior motion, when and to whom it was made, its outcome, and any new facts or circumstances justifying a different ruling.

d. Reopening motions: No party shall remake the same motion to a different Judge or Commissioner without identifying the motion previously made, including when it was made, to which judicial officer it was made, what the order or decision was, and any new facts or other circumstances that would lawfully justify seeking a different ruling from the previous Judge or Commissioner.

CRITICAL

Applies to

Financial disclosures

By the scheduling-order deadline, the parties must file the listed financial documents, including applicable child-support worksheets, tax records, wage stubs, and the Declaration of Financial Documents.

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.

CRITICAL

Applies to

Reconsideration request

A GAL/Court Visitor may seek reconsideration by submitting a written request to the Superior Court Administrator, who will forward it and supporting documents to the judicial officer for final decision.

A GAL/Court Visitor may seek reconsideration by submitting a written request to the Superior Court Administrator, who will forward it and supporting documents to the judicial officer for final decision.

CRITICAL

Applies to

Guardianship conservatorship filing

Parties must use the available state guardianship and conservatorship forms.

Parties are required to use the state guardianship/conservatorship forms as available.

CRITICAL

Applies to

Trial management report

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

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.

CRITICAL

Applies to

Objections to proposed final documents

A responding party who objects must provide written objections and proposed changes to the moving party within 15 days after receiving the proposed final documents.

If the responding party objects, they must provide written objections and proposed changes to the moving party within fifteen (15) days of receiving the proposed final documents.

CRITICAL

Applies to

Trial priority readiness status hearing form

Each attorney and self-represented party must file and upload the Trial Priority/Readiness Status Hearing Form.

3. Status Hearing Form. Each attorney and each self-represented party must file and upload (to eMotion) a Trial Priority/Readiness Status Hearing Form.

CRITICAL

Applies to

Post decree motion

A post-decree motion to vacate, change, modify, or clarify a Final Divorce Order or Dissolution Decree requires an Order to Show Cause to set the hearing.

Any motions filed after a case has been closed (that is, a case that is post-decree and final orders have been entered) requesting to vacate, change, modify, or clarify a Final Divorce Order or Dissolution Decree shall require an Order to Show Cause to set the motion hearing.

CRITICAL

Applies to

Summary judgment brief

The original summary judgment brief or memorandum must be filed with the Superior Court Clerk.

The original is to be filed with the Superior Court Clerk and properly served on all other parties.

CRITICAL

Applies to

Amended award

If attorney fees, costs, or interest are granted after the initial award, the arbitrator must file an amended award.

If granted after the initial award, the arbitrator shall file an amended award.

CRITICAL

Applies to

Ex parte matter

All matters presented ex parte must include an attestation stating whether any judicial officer has been recused or disqualified.

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.

CRITICAL

Applies to

Order

Orders requiring personal attendance in specified supplemental proceedings and orders to show cause for contempt must include the stated bench-warrant warning.

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.

CRITICAL

Applies to

Proposed final documents submission

After receiving objections, the moving party must deliver the proposed final documents, proof of delivery, the objections and proposed changes, and a cover page identifying the judicial officer and trial dates to the Trial Court Judicial Officer.

Upon receiving objections, the moving party shall deliver all of the following to the Trial Court Judicial Officer at Benton/Franklin Superior Court, (Kennewick for Benton County cases and Pasco for Franklin County cases). a. the proposed final documents b. proof of delivery to the other party c. the other party’s objections and proposed changes d. cover page must state the name of the Judicial Officer and the dates of trial.

CRITICAL

Applies to

Exhibit list

Each party must file an exhibit list before the evidentiary hearing.

An exhibit list.

CRITICAL

Applies to

Title 26 gal strike list request

After the court decides to appoint a GAL, each party must request a strike list using the Title 26-GAL Strike List Request form available on the Benton County website.

Upon either the motion of the court or motion by the party/parties, and subsequent decision by the court to appoint a Guadian ad Litem (GAL), each party shall request a strike list using the Title 26-GAL Strike List Request form available on the Benton County website.

CRITICAL

Applies to

Motion

Except for motions to amend Conditions of Release, motions must be filed with a brief or declaration summarizing the supporting facts.

B. Except for motions to amend Conditions of Release, all motions shall be filed together with a brief and/or declaration which shall include a summary of the facts upon which the motions are based, not later than five (5) days before the hearing.

CRITICAL

Applies to

Grievance

A grievance must be written, signed under penalty of perjury, and addressed to the Superior Court Administrator.

Grievances shall be made in writing, signed under penalty of perjury, and addressed to the Superior Court Administrator.

CRITICAL

Applies to

Motion to shorten time

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.

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.

CRITICAL

Applies to

Pre assignment request

A request for pre-assignment must be presented to the Presiding Judge or Assistant Presiding Judge by written motion.

All requests for pre assignment must be presented to the Presiding Judge or Assistant Presiding Judge by written Motion.

CRITICAL

A document requiring Clerk action beyond filing, except a motion or trial docket note, must have a motion in the caption specifying the action and include the words “Clerk’s Action Required.”

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.”

CRITICAL

Applies to

Special set request

Counsel and self-represented parties must request an evidentiary hearing through a Special Set Request and comply with LMR 6(3).

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.

CRITICAL

Applies to

Opposition submission email

Must include

proposed order

The filing email for opposing documents must include a proposed order, 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:

CRITICAL

Applies to

Order

An order presented to the court must specify the exact bail amount for each matter it addresses.

nor shall any order be presented to the court that fails to specify the exact amount of bail for each matter addressed in the order.

CRITICAL

Applies to

Note for docket

Must include

case number

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.

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.

CRITICAL

Applies to

Note for motion

The requesting party must file a Note for Motion that states the approved hearing date and clearly indicates that the date was approved.

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.

CRITICAL

Applies to

Note for docket

A motion continued outside open court requires a new Note for Docket.

Except for matters continued in open court, a new note for docket is required for motions that are continued.

CRITICAL

Applies to

Adequate cause hearing

A party seeking to modify a final parenting plan or residential schedule must note an adequate-cause hearing on the appropriate motion calendar.

A party seeking modification of a Final Parenting Plan or Final Residential Schedule shall note an adequate cause hearing under RCW 26.09.270 on the appropriate motion calendar.

CRITICAL

Applies to

Note for docket

The attorney filing the Note for Docket must sign it and identify whom the attorney represents.

It shall be subscribed by the attorney filing the same and shall bear the designation of whom the attorney represents.

CRITICAL

Applies to

Notice

Notice required under an Order Shortening Time must state the specific hearing date and time and include copies of the pleadings to be filed and proposed orders to be sought.

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;

CRITICAL

Applies to

Child support modification hearing

A child-support modification petition concerning minor children only is heard on affidavits unless the Court grants leave for oral testimony.

If a petition is filed to modify any order, judgment, or decree as to support of minor children only, then it shall be heard upon affidavit only, unless either party has obtained leave of Court to hear said matter upon oral testimony, in which event the notice of hearing shall so provide.

CRITICAL

Applies to

Joint pretrial statement and pretrial order

If the case remains unsettled after the settlement conference, the parties and the Court must cooperatively prepare a Joint Pretrial Statement and Pretrial Order.

At the conclusion of the settlement conference, if the case is not then settled, a Joint Pretrial Statement and Pretrial Order shall be prepared cooperatively between the parties and the Court.

WARNING

Applies to

Motion

Appointed counsel submitting motions for fixing or payment of fees and counsel requesting that the Court fix fees in any other case (except for temporary fees in domestic relation cases) should itemize their time, services rendered, or other detailed basis for the fees requested and attach a copy thereof to the motion.

Appointed counsel submitting motions for fixing or payment of fees and counsel requesting that the Court fix fees in any other case (except for temporary fees in domestic relation cases) should itemize their time, services rendered, or other detailed basis for the fees requested and attach a copy thereof to the motion.

WARNING

Applies to

Local court instructions

When an initial Emergency Minor Guardianship or Minor Guardianship petition is filed, the Clerk must issue Local Court Instructions and provide them to the Petitioner at filing.

When an initial Petition for an Emergency Minor Guardianship or Minor Guardianship is filed, the Clerk shall issue “Local Court Instructions” and provide a copy to the Petitioner at the time of filing.

WARNING

Applies to

Stipulation and order

Parties may seek an order to opt out of a settlement conference by filing a stipulation and order with Court Administration, including a mediator's letter and the required all-party confirmation.

Regardless of whether mediation is court-ordered, parties may seek an order allowing them to opt out of the settlement conference by filing a stipulation and order with Court Administration. The request must include a letter from a mediator and signed on behalf of all parties that the case has been mediated or that mediation has been scheduled to occur on or before the date of the settlement conference.

WARNING

Applies to

Case schedule order

Upon entry of a Case Schedule Order, a copy must be provided to the Civil Judicial Assistant, who will give the parties the pre-approved trial dates.

Upon entry, a copy is to be provided to the Civil Judicial Assistant, who will provide the parties with the pre-approved trial dates.

WARNING

Applies to

Findings of fact and conclusions of law

The stated procedures for entering findings, conclusions, and a judgment or order apply unless the presiding judicial officer directs otherwise.

Unless the judicial officer presiding over a matter directs that entry of Findings of Fact and Conclusions of Law are to be handled differently, the Findings, Conclusions and Judgment or Order shall be entered in the following manner:

WARNING

Applies to

Preliminary report

The preliminary report must assist the judicial officer in making temporary placement decisions.

The preliminary report shall assist the judicial officer in making temporary placement decisions.

WARNING

Applies to

Note for docket

For civil dockets, the Note for Docket must designate each motion as “under 10” or “over 10” based on its expected length in minutes.

For all civil dockets, parties shall designate their motion as an “under 10” or “over 10” depending on the length, in minutes, that the motion is expected to take. This designation shall be on the Note for Docket.

WARNING

Applies to

Exhibits

Each exhibit must be provided in an organized copy and must not be filed with the clerk.

Provide a copy of each exhibit (organized and not filed with the clerk)

WARNING

Applies to

Proposed order

The post-ruling proposed-order procedure does not apply to adult or juvenile criminal matters or to entry of final orders in domestic cases, which are governed by the Local Domestic Rules.

This rule does not apply to criminal matters (adult or juvenile), or to entry of Final Orders in Domestic cases, which are governed by the Local Domestic Rules below.

WARNING

Applies to

Proposed final documents submission

If no objections are received on time, the moving party may submit the proposed final documents directly to the Trial Court Judicial Officer with proof of delivery, using the required cover page.

If no objections are received within the allowed period, the moving party may submit the proposed final documents directly to the Trial Court Judicial Officer with proof of delivery to the other party. The same cover page requirements apply.

WARNING

Applies to

Read first

Read Firsts are not filed with the Clerk.

Read Firsts are not filed with the Clerk.

WARNING

Applies to

Read first

A Read First must tell the judicial officer the motion’s status and whether an agreed order or agreed Final Orders will be presented or delivered.

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.

WARNING

Applies to

Note for docket

For domestic dockets, the Note for Docket must designate each motion as “under 10” or “over 10” based on its expected length in minutes.

For all domestic dockets, parties shall designate their motion as an “under 10” or “over 10” depending on the length, in minutes, that the motion is expected to take. This designation shall be on the Note for Docket.

WARNING

Applies to

Proposed order

Proposed orders in domestic cases of case types 3 and 5 are governed by the Local Domestic Rules.

Proposed Orders for domestic cases (case types 3 and 5) are governed by Local Domestic Rules outlined below.

INFO

Applies to

Objection

A party that did not prepare the proposed order may object to it.

A party who did not prepare a proposed order may object to a proposed order.