Benton and Franklin Counties Superior Court Filing Timing and Cure Windows

CRITICAL

Deadline

3 calendar days

For covered matters, WORD versions of proposed orders must be emailed no later than three calendar days before the hearing.

For matters set on the Benton County and/or Franklin County Civil docket and Civil Summary Judgment docket (except unlawful detainer matters) only, the moving party and any party opposing a motion must email a WORD version of any proposed order(s) to SCProposedOrders@co.benton.wa.us no later than three (3) calendar days before a hearing, and all parties must be copied on any email message sent to that email.

CRITICAL

The motion requesting fees beyond the case cap must be made 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

When a party moves for attorney fees, the 20-day trial de novo period begins only after the arbitrator files and serves an amended award or written denial.

B. Attorney-Fee Motions. If a party moves for attorney fees, the 20-day trial de novo period does not begin until the arbitrator has filed and served the amended award or written denial of attorney fees.

CRITICAL

Final orders must be entered within 60 days after the originally scheduled settlement conference date.

Final orders shall be entered not more than 60 days after the originally scheduled settlement conference date.

CRITICAL

Unless otherwise ordered, the appellant must file the designation of record 14 days after the Notice of Appeal is filed.

1. Applicability. Unless otherwise ordered by the court, the following deadlines apply in all appeals from courts of limited jurisdiction after filing of the Notice of Appeal. a. Filing of Appellant’s Designation of Record (RALJ 6.2(a)) 14 Days b. Filing of Appellant’s Brief and Service on all Parties and Court 60 Days c. Status Conference at 8:30 AM (Mandatory in Person Hearing) 65 Days d. Filing of Respondent’s Brief and Service on all Parties and Court 90 Days e. Filing of Reply Brief and Service on all Parties and Court 100 Days

CRITICAL

Applies to

Trial priority readiness status hearing form

The status hearing form must be submitted by the Wednesday before the Monday docket in either county.

a. The form must be submitted by the Wednesday preceding the Monday docket, in both counties.

CRITICAL

Deadline

21 calendar days

Applies to

Motion and supporting materials

In domestic matters, motions and supporting materials must be filed at least 21 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): a. For all motions and supporting materials, not less than twenty-one (21) calendar days prior to the hearing on the issue;

CRITICAL

A Special Set hearing may not occur sooner than the periods required by state and local rules unless the court has entered an order shortening time.

Special Set Requests shall not be heard sooner than the time periods required by State and Local Rules unless an order shortening time has been entered.

CRITICAL

Parties who agree the case will be ready by a specific date but object to particular trial dates must notify the Judicial Assistants of unavailable dates within five days after receiving the trial-setting notice.

6. Objections to Dates. In the event all parties agree the case is ready for trial or will be ready for trial by a specific date, but have objections to particular dates, they shall notify the Judicial Assistants of unavailable dates within five (5) days after receiving the notice of trial setting.

CRITICAL

Within 15 days after the decision, the prevailing party must submit findings and conclusions and deliver them with the proposed judgment or order to the opposing side.

2. Submission. Not more than fifteen (15) days after the decision is rendered, the prevailing party shall submit Findings of Fact and Conclusions of Law and shall deliver the same, together with the Proposed Judgment or Order, to the opposing counsel or opposing party if not represented by counsel.

CRITICAL

Deadline

5 business days

Applies to

Note for criminal motion docket

Anyone scheduling a matter on the Criminal Motion Docket must file and serve the Note at least five business days before the requested hearing date.

Counsel or unrepresented litigant scheduling a matter on the Criminal Motion Docket shall: 1. File and serve a Note for Criminal Motion Docket at least five (5) business days prior to the requested hearing date;

CRITICAL

When a matter settles outside court and no settlement conference is needed, a Notice of Settlement must be filed at least five days before the settlement conference.

If a matter is settled outside of court and a settlement conference is no longer needed, parties are required to notify the Civil Judicial Assistant of settlement of the matter at least five (5) days prior to their settlement conference date so that the settlement conference can be stricken, and a Notice of Settlement must be filed at least five (5) days prior to the settlement conference.

CRITICAL

A copy of the order must be provided to the Court Visitor within two days of entry.

The Court Visitor will be provided a copy of the order within 2 days of entry.

CRITICAL

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

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.

WARNING

The trial priority hearing is scheduled one week before trial.

l. Trial priority hearing/1 week before trial

WARNING

The GAL/Court Visitor may file a response within 14 days, provide a copy to the complaining party, and send the original to the Court Administrator for delivery to the judicial officer.

The GAL/Court Visitor may file a response within fourteen (14) days, providing a copy to the complaining party and sending the original to the Court Administrator for delivery to the judicial officer handling the grievance.

WARNING

The judicial officer should endeavor to issue a final decision no later than 45 days after filing, following review and completion of the investigation.

Upon receipt of the response, or upon expiration of the response period, the judicial officer shall review the matter, complete the investigation, and issue a final written or oral disposition. The judicial officer will endeavor to issue the final decision no later than forty-five (45) days after filing.

WARNING

For a trial with scheduled trial priority, interpreter requests should be submitted by the end of business on the day trial priority is held and the court calls the trial a “go.”

For trial (with a scheduled trial priority), interpreter requests should be submitted before end of business on the day trial priority is held and the court called your trial a “go.”

WARNING

Defendant’s rebuttal is due five months from issuance of the new case schedule.

d. Defendant’s rebuttal/5 months

WARNING

The Administrative Presiding Judge should endeavor to complete initial grievance screening within 14 days.

The Administrative Presiding Judge shall endeavor to complete initial screening within fourteen (14) days.

WARNING

After the action begins, a party may file a Statement of Arbitrability by the date in the case schedule order.

Following commencement of the action, and no later than the date set forth in the case schedule order, any party may complete and file a Statement of Arbitrability, with payment of the required fee to the Clerk.

WARNING

Plaintiff’s rebuttal is due four months from issuance of the new case schedule.

c. Plaintiff’s rebuttal/4 months

WARNING

Dispositive motions are to be heard six months from issuance of the new case schedule.

g. Dispositive motions heard/6 months

WARNING

The pretrial conference is scheduled for seven months from issuance of the new case schedule.

j. Pretrial conference/7 months

WARNING

The settlement conference is scheduled for six and one-half months from issuance of the new case schedule.

h. Settlement conference/6.5 months

WARNING

Trial is scheduled nine months from issuance of the new case schedule.

m. Trial/9 months

WARNING

At least 90 days after the Statement of Arbitrability is filed and served, the Judicial Assistant must provide the parties a list of five proposed arbitrators.

Not less than 90 days following filing and service of the Statement of Arbitrability, the Judicial Assistant shall provide parties a list of five (5) proposed arbitrators.

WARNING

Interpreter requests should be made as early as practical and no less than five business days before the scheduled date, except for Preliminary Appearance Matters and ITAs.

A request for interpreter should be made as far in advance as practical for a hearing or proceeding, but never less than of five (5) business days prior to the scheduled date. (Except for Preliminary Appearance Matters and ITAs).

WARNING

For the referenced confirmation deadline, a Friday holiday moves it to Thursday, and a Monday holiday moves it to Tuesday by 12:00 pm.

If Friday is a holiday, the deadline is moved to Thursday. If Monday is a holiday, the deadline is moved to Tuesday by 12:00 pm. (See Website for example)

WARNING

Settlement position statements are due six months from issuance of the new case schedule.

f. Settlement position statements/6 months

WARNING

The Certificate expires 30 days after the Judicial Assistant signs it, unless the form indicates otherwise.

The Certificate expires thirty (30) days after the Judicial Assistant’s signature, unless otherwise indicated on the form.

WARNING

The trial management report is due seven months from issuance of the new case schedule.

i. Trial management report/7 months

WARNING

The discovery cutoff is five and one-half months from issuance of the new case schedule.

e. Discovery cutoff/5.5 months

WARNING

When there is no trial priority, interpreter requests should be submitted by the end of business on the day the court advises that the trial is a “go.”

If no trial priority, by end of business on the day the court advised your trial is a “go.”

WARNING

Plaintiff’s witness disclosures are due one month from issuance of the new case schedule.

a. Plaintiff’s witness disclosures/1 month

WARNING

Deadline

7 court days

Each party may strike one name within seven judicial days.

Each party may strike one name within seven judicial days.

WARNING

A party or attorney may petition the Court for relief from sanctions, which shall be filed within the same 20-day period and shall be noted for hearing.

A party or attorney may petition the Court for relief from sanctions, which shall be filed within the same 20-day period and shall be noted for hearing.

WARNING

Defendant’s witness disclosures are due three months from issuance of the new case schedule.

b. Defendant’s witness disclosures/3 months