Benton and Franklin Counties Superior Court Filing Timing and Cure Windows

CRITICAL

Deadline

2 court days

Reply briefs must be filed by 9:00 a.m. two court days before the hearing.

Reply briefs shall be served and filed with the Court no later than 9:00 a.m. two (2) court days before the hearing.

CRITICAL

Deadline

5 calendar days

The moving party must confirm a motion by 3:00 p.m. five calendar days before the hearing by completing and filing a “Read First” LMR 2 on eMotion; otherwise, the Court may strike or continue the motion.

Motions must be confirmed by the moving party no later than 3:00 p.m. five (5) calendar days prior to the hearing or the motion will be stricken or continued at the Court’s discretion. “Confirmed” means completing and filing on eMotion a “Read First” LMR 2.

WARNING

If no Response is filed, the Statement of Arbitrability is deemed correct.

Absent such Response, the Statement of Arbitrability is deemed correct.

WARNING

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.

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.

WARNING

If no objections are received within the 15-day period, counsel may forward the submission to the judicial officer.

a. If there are no objections received within the fifteen (15) day period aforesaid, counsel may forward the submittal to the judicial officer who shall, within ten (10) days thereafter, either (a) sign the proposed Findings of Fact, Conclusions of Law and Judgment or Order and forward to the Clerk for filing with conformed copies to all counsel, or (b) return the Findings of Fact, Conclusions of Law and Judgment or Order, if deficient, to all counsel noting the Court's requested changes or additions thereto.

WARNING

Filing a Statement of Arbitrability indicating the case is subject to arbitration strikes the civil case schedule order unless an arbitrability objection has been noted.

Upon filing a Statement of Arbitrability indicating the case is subject to arbitration, any civil case schedule order is stricken, unless an objection to arbitrability has been noted.

WARNING

A mailed grievance item is deemed received three days after mailing.

Items mailed shall be deemed received three (3) days after the date of mailing.

INFO

Additional lead time may be needed to secure a certified or qualified interpreter for less commonly spoken languages, including ASL.

For less commonly spoken languages, including American Sign Language (ASL), additional time may be needed to secure a certified or qualified interpreter.

CRITICAL

A dismissal order must be entered within 60 days of the earliest of the Notice of Settlement filing, scheduled hearing date, or written request for proof of settlement.

D. Dismissal. Dismissal orders must be entered within 60 days of filing the Notice of Settlement, the scheduled hearing date, or a written request for proof of settlement whichever is earlier.

CRITICAL

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;

CRITICAL

The required child-support financial disclosures are due within 60 days of filing the petition and response.

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

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.

CRITICAL

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

CRITICAL

Deadline

24 hours

If an oral ruling transcript is ordered, the timelines and procedures in this rule begin within 24 hours after all parties receive the transcript.

If the Trial Court Judicial Officer issues an oral ruling and a transcript is ordered, all timelines and procedures in this rule begin within twenty- four (24) hours of all parties’ receipt of the transcript.

CRITICAL

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):

CRITICAL

Deadline

2 calendar days

Applies to

Reply brief

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.

CRITICAL

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.

CRITICAL

If a post-trial issue remains on the regular domestic docket, these procedures still apply to other final documents and commence within 24 hours after the Court decides the pending matter.

If a post-trial issue (such as child support) remains to be resolved on the regular domestic docket, these procedures still apply to all other final documents. Once the Court issues its decision on any pending post-trial matter, the procedures in this rule commence within twenty-four (24) hours of that decision.

CRITICAL

Deadline

10 court days

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

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

A party that misses the Statement of Arbitrability deadline waives arbitration unless the court grants leave for good cause and the filing fee is paid.

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.

CRITICAL

Except for motions to amend Conditions of Release, motions must be filed no later than five days before the hearing.

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

Exhibit and witness lists must be filed and served, and exhibits served, no later than two weeks before trial unless the Pretrial Order states otherwise.

Exhibit and witness lists shall be filed and served, and exhibits served, not later than two (2) weeks before the trial date, unless otherwise stated in the Pretrial Order.

CRITICAL

Orders for the Benton County Pro Se/Self-Represented Litigant Docket must be submitted by 3:00 p.m. on the preceding Tuesday.

a. Pro Se/Self-Represented Litigant Docket. Held Tuesdays at 1:30 pm. Order must be submitted by 3:00 pm the Tuesday prior.

CRITICAL

A Notice of Settlement must be filed within 5 days of settlement or before the arbitration hearing, whichever is sooner.

C. Settlement. Notice of Settlement must be filed within 5 days of settlement, or before the arbitration hearing, whichever is sooner.

CRITICAL

For the listed Franklin County Monday docket, proposed orders must be delivered to the Superior Court Administration office drop box in Pasco by 3:00 p.m. the Friday before the hearing.

Proposed Orders must be delivered to the Superior Court Administration office (Drop Box), Pasco by 3:00 pm the Friday before the scheduled hearing. Unused paper-based Proposed Orders will be discarded the following business day. a. Monday 8:30 AM: Domestic

CRITICAL

For the listed Benton County dockets, proposed orders must be delivered to the Superior Court Administration office in Kennewick by 3:00 p.m. the day before the hearing.

Proposed Orders must be delivered to the Superior Court Administration office, Kennewick by 3:00 pm the day before the scheduled hearing. This rule applies to the following dockets: a. Tuesday 8:15 AM: Domestic – Over Tens 10:30 AM: Paternity 1:15 PM: Domestic – PM b. Wednesday 8:30 AM: Domestic – Under Tens 9:00 AM: Domestic – Over 20

CRITICAL

The declaration of completion must be filed within seven days of mediation completion.

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

CRITICAL

Deadline

11 calendar days

Applies to

Responsive brief and materials

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;

CRITICAL

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.

CRITICAL

Deadline

5 court days

Agreed and default final orders, with the required coversheet, must be submitted by 3:00 p.m. five court days before the hearing.

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

Deadline

4 calendar days

Applies to

Responsive brief and materials

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;

CRITICAL

Orders for the Franklin County Domestic Relations Docket must be submitted by 3:00 p.m. on the preceding Monday.

a. Domestic Relations Docket (Mondays at 8:30) - Order must be submitted by 3:00 pm the Monday prior.

CRITICAL

Trial documents, including motions in limine and jury instructions, are due two weeks before trial.

k. Trial documents (motions in limine, jury instructions, etc.)/2 weeks before trial

CRITICAL

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.

CRITICAL

Deadline

5 calendar days

Original pleadings in the specified juvenile proceedings, except initial Shelter Care petitions, must be served and filed with the Superior Court Clerk at least five calendar days before the hearing unless an order shortens the time or another timeline applies by statute or court rule.

A. All original pleadings, including motions, briefs, proposed findings of fact and conclusions of law and proposed judgments, pertaining to dependency (but excluding initial petitions for Shelter Care), termination, Title 13 guardianship, and juvenile offender proceedings shall be served and filed with the respective Superior Court Clerk not less than five (5) calendar days prior to the hearing, unless an Order to Shorten Time has been signed, or other timelines apply by statute or court rule.

CRITICAL

Deadline

2 court days

The responding party must serve and file any response or witness list no later than two court days before the hearing.

The responding party shall serve and file any response and/or witness list no later than two (2) court days before the hearing.

CRITICAL

Deadline

5 calendar days

Applies to

Reply brief

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.

CRITICAL

Deadline

11 calendar days

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;

CRITICAL

Deadline

72 hours

Motions to amend Conditions of Release must be filed at least 72 hours before the hearing, unless the Court finds an emergent serious threat to safety requiring an immediate hearing.

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

Deadline

3 business days

For a grievance concerning a concluded case or discharged GAL/Court Visitor, the Court Administrator must forward it within three business days to the judicial officer who presided over the trial or signed the final orders.

If the grievance pertains to a concluded case or to a discharged GAL/Court Visitor, the Court Administrator shall forward it within three (3) business days to the judicial officer who presided over the trial or signed the final orders.

CRITICAL

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.

CRITICAL

Deadline

3 business days

For a grievance concerning a pending case or trial that was not dismissed, the Court Administrator must forward it within three business days to the specified judicial officer.

If a grievance is not dismissed as outlined above and pertains to a pending case or a case in trial, the Court Administrator shall forward it within three (3) business days to the Administrative Presiding Judge or, if trial is underway, to the judicial officer hearing the trial.

CRITICAL

Deadline

48 hours

Applies to

Motion to shorten time

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.

CRITICAL

Position statements must be submitted to the Judicial Assistant or through eMotion and served or exchanged three days before the settlement conference.

The Parties shall submit with the Judicial Assistant (or eMotion) and serve/exchange their position statement, three (3) days prior to the settlement conference.

CRITICAL

Deadline

2 court days

A party intending to submit a trial brief must file it at least two court days before trial begins.

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

The parties must file the Order Appointing Guardian ad Litem within 30 days after selection.

Parties must file the Order Appointing Guardian ad Litem within 30 days of selection.

CRITICAL

Orders for the Benton County Domestic Relations Under 10 Docket must be submitted by 3:00 p.m. on the preceding Wednesday.

b. Domestic Releations Under 10 Docket (Wednesdays at 8:30 am) - Orders must be submitted by 3:00 pm the Wednesday prior.

CRITICAL

The assets-and-debts list must be served and submitted no less than two days before trial.

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.