Benton and Franklin Counties Superior Court Service and Proof of Service Rules

CRITICAL

An objection to a proposed order must be delivered to every other party within five days after receipt of the proposed order.

Delivered to each other party within (5) days after receipt of the proposed Order;

CRITICAL

A copy of the grievance must be sent to the GAL/Court Visitor.

A copy shall be sent to the GAL/Court Visitor.

CRITICAL

A party must mail or otherwise provide an address change to the opposing party within 72 hours.

The change of address must also be mailed or otherwise provided to the opposing party within seventy-two (72) hours of the address change.

CRITICAL

Applies to

Trial brief

A party intending to submit a trial brief must serve 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

Applies to

Signed order

A copy of the signed appointment order must be provided to the GAL immediately.

A copy of the signed order must be provided to the GAL immediately.

CRITICAL

Exhibits and witness lists must be exchanged as required by the cited arbitration rules or the arbitrator’s order.

E. Prehearing Exchange. Exhibits and witness lists must be exchanged as required by SCCAR, LSCCAR, or the arbitrator’s order.

CRITICAL

Anyone scheduling a matter on the Criminal Motion Docket must file and serve all documents required by CrR 8.2, CR 7, and applicable local rules.

Counsel or unrepresented litigant scheduling a matter on the Criminal Motion Docket shall: 2. File and serve all documents required under CrR 8.2, CR 7, and applicable local rules.

CRITICAL

Within 10 days of the ruling, the moving party must serve the motion on all other appearing parties, through counsel if represented.

Within 10 days of entry of the court’s ruling, the moving party shall file the motion with the Clerk; and serve the motion on all other parties appearing in the case, through counsel if represented.

CRITICAL

The summary judgment brief or memorandum must be properly served on all other parties.

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

CRITICAL

Deadline

21 calendar days

Applies to

Motion and supporting materials

In domestic matters, motions and supporting materials must be served 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

Deadline

11 calendar days

Applies to

Note for docket

An attorney seeking a hearing on an issue of law must serve the Note for Docket on all opposing counsel 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

CRITICAL

Applies to

Appellant brief

Unless otherwise ordered, the appellant must serve its brief on all parties and the court 60 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

The original disposition must be placed in the confidential grievance file and copies must be provided to the parties.

The original disposition shall be placed in the confidential grievance file, with copies provided to the parties.

CRITICAL

Deadline

2 calendar days

Applies to

Reply brief

For covered adult matters, a moving party's reply or strict reply must be served 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

Each party must serve the opposing party with its witness list, exhibit list, and copies of all exhibits at least two weeks before the evidentiary hearing.

Each party must serve their witness list, exhibit list, and copies of all exhibits on the opposing party at least two weeks before the evidentiary hearing.

CRITICAL

After an oral ruling at a hearing, the prevailing party must send the proposed order to opposing counsel or any unrepresented opposing party within seven calendar days after the hearing.

The prevailing party shall send a proposed order to each opposing counsel and/or unrepresented party no more than seven (7) calendar days after the hearing.

CRITICAL

Applies to

Witness list

Witness lists must be served at the same time and under the same deadlines as the Note for Docket and briefing.

The witness list shall be filed, served, and uploaded to eMotion at the same time and under the same deadlines applicable to the Note for Docket and briefing.

CRITICAL

The party who initially prepared the proposed order must serve a copy of the filing on all other parties.

Serve a copy of the filing on all other parties.

CRITICAL

Deadline

11 calendar days

Applies to

Motion and supporting materials

For covered adult matters, motions and supporting materials must be served 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

Applies to

Financial disclosures

The parties must serve the opposing party with copies of the listed financial documents by the deadline 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

Applies to

Initial trial management report

The plaintiff must prepare the initial Trial Management Report and serve it on all opposing parties no later than two weeks before it is due under the Civil Case Schedule Order.

The plaintiff shall prepare an initial report and serve it upon all opposing parties no later than two weeks prior to the date it is due under the Civil Case Schedule Order.

CRITICAL

The opposing party or attorney must file proof of service with the opposing documents.

The opposing party/attorney shall file with the Clerk proof of service at the same time as filing said opposing documents.

CRITICAL

Applies to

Case schedule

A party joining an additional party must serve that party with the current Case Schedule together with the first pleading served on them.

6. Joining Party. A party who joins an additional party in an action shall serve the additional party with the current Case Schedule together with the first pleading served on the additional party.

CRITICAL

Applies to

Notice of trial setting and certificate of readiness

The Notice of Trial Setting and Certificate of Readiness must be served 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

Motion

The moving party must serve the motion statement, memorandum, and any specified supporting affidavits or evidence with the motion.

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.

CRITICAL

Applies to

Case schedule

5. Service. The party filing the initial pleading shall promptly provide a copy of the Case Schedule to all other parties by:

5. Service. The party filing the initial pleading shall promptly provide a copy of the Case Schedule to all other parties by:

WARNING

A party striking a matter may notify non-moving parties by any means reasonably likely to provide actual notice.

The party striking any matter may give notice to the non-moving parties by any means reasonably likely to provide actual notice.

WARNING

Applies to

Trial management report

If a party fails to cooperate in completing the Trial Management Report, another party may file and serve the report, noting the refusal to cooperate.

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.

INFO

Applies to

Settlement position statement

A party is not required to provide its settlement position statement to another party, but may choose to do so.

No party shall be required to provide a copy of the position statement to any other party, but may provide a copy if so desired.

INFO

A self-represented party may opt out of electronic notice from the Court and Clerk by filing.

Any self-represented party may opt-out of receiving electronic notice from the Court and Clerk by filing