Chelan County Superior Court Document Filing Requirements

CRITICAL

Applies to

Note for motion

The Note for Motion must be signed by the filing attorney or self-represented party and identify the party represented.

This note for motion must be signed by the attorney or party pro se filing the same, with the designation of the party represented.

CRITICAL

Applies to

Covering letter for mailed probate application

The mailing must include an explanatory covering letter personally signed by the presenter that asks the Clerk to deliver the documents to a Judge or Court Commissioner for signing.

(3) Covering Letter. All documents shall be accompanied by a covering letter of explanation personally signed by the presenter and shall request the Clerk to deliver the documents to a Judge or a Court Commissioner for signing;

CRITICAL

Applies to

Motion to exceed page limits

A motion to exceed the page limits must demonstrate good cause.

A motion to exceed the page limits must demonstrate good cause.

CRITICAL

Applies to

Oath of office

An applicant must complete and file the Court-prescribed oath of office before being placed on the arbitrator panel.

The oath of office on the form prescribed by the Court must be completed and filed prior to an applicant being placed on the panel.

CRITICAL

Applies to

Proposed order

Must include

proposed order

When a trial settles or is continued, attorneys must submit an agreed proposed order to ex parte striking both the pretrial conference and trial date.

Attorneys shall immediately notify the Court Administrator if a trial has settled or has been continued and submit an agreed proposed order to ex parte striking both the pretrial conference and trial date.

CRITICAL

Applies to

Final divorce order

A Final Divorce Order must resolve all jurisdictional property, liability, and spousal support or maintenance issues, but for good cause the court may retain jurisdiction over parenting and child support issues.

No Final Divorce Order shall be entered unless the order disposes of all issues over which the court has jurisdiction relating to disposition of property and liabilities of the parties and support or maintenance of either spouse. For good cause shown, the court may in its discretion enter a Final Divorce Order stating that it retains jurisdiction to dispose of issues relating to parenting and child support.

CRITICAL

Applies to

Document or correspondence

Must include

case number

Documents and correspondence presented for filing must show the correct cause number on their face or they may not be filed and may be returned.

Any document or correspondence presented to the Court for filing which does not have the correct cause number on the face of such document or correspondence may not be filed and may be returned to the presenter.

CRITICAL

Applies to

Decree or order

Each delivered or mailed copy of a dissolution decree or order must indicate the date of entry.

a true copy of the decree or order with the date of entry indicated on cach copy.

CRITICAL

Applies to

Response or reply

A response or reply must not include documents already attached to or filed as part of the motion or response; it must cite the relevant portion of the previously filed document instead.

No response or reply may include any document attached to or a part of the initial motion, memorandum or brief, the response, or document already filed as part of the subject motion, but instead shall cite to the relevant portion of the previously filed document.

CRITICAL

Applies to

Form

The required form for a hearing to enter final orders is Exhibit C to LSPR 94.04.

At least three (3) days prior to scheduled hearing for entry of final orders, self- represented parties and attorneys must complete and submit the form in Exhibit C to LSPR 94.04.

CRITICAL

Applies to

Financial disclosure

A defendant seeking appointed counsel may be required to promptly file an under-oath financial disclosure substantially complying with Exhibit A, or provide the information orally to the court.

(d)(4) Defendants who request appointment of counsel may be required to promptly execute and file a financial disclosure under oath, which shall substantially comply with the form set forth in Exhibit A attached hereto, or the defendant may be required to provide the information orally to the court.

CRITICAL

Applies to

Prehearing statement of proof

The prehearing statement of proof must be furnished to the arbitrator and served on all parties at least 14 days before the hearing.

The prehearing statement of proof under MAR 5.2 and LMAR 5.2 must be furnished to the Arbitrator and served on all parties at least 14 days before the hearing.

CRITICAL

Applies to

Continuance request

The moving party requesting a continuance must present a written order for entry.

The moving party shall present a written order for entry.

CRITICAL

Applies to

Arbitrator payment request

When filing the award, the arbitrator must submit a request for payment using the Court-prescribed form.

When the award is filed, the Arbitrator shall submit to the Court a request for payment on a form prescribed by the Court.

CRITICAL

Applies to

Complaint

Complaints must be written, submitted by mail to the listed address or by hand delivery, and include the filer's signature, name, and address.

6.2 All complaints must be in writing and must be submitted to the Superior Court Administrator at PO Box 880, Wenatchee, WA 98807-0880 or by hand delivery to 401 Washington Street, Level 5, Wenatchee, WA 98801. All complaints must bear the signature, name and address of the person filing the complaint.

CRITICAL

Applies to

Change of name of stepchild

A child over 14 must provide written consent for the stepchild name-change proceeding.

In addition, written consent shall be required of any child over 14 years of age.

CRITICAL

Applies to

Pretrial statement

For domestic-relations final hearings or trials, each party must provide and serve a written issues statement at least three calendar days before trial, containing the listed information; the attorney may choose its form.

Pretrial Forms. In all final hearings or trials in domestic relations matters, each party shall provide to the judge or commissioner, and serve on the opposing party, a written statement as to the issues in controversy at least three (3) calendar days prior to trial. The written statement may be in any form chosen by the attorney to convey the following: (a) A brief factual summary; (b) Issues in dispute [whether property, debts or custody]; (c) Case law, if it will be argued, supporting your position; (d) Proposed distribution of assets and liabilities, (e) Proposed parenting plan and child support amount, if in dispute; (1) Areas of agreement.

CRITICAL

Applies to

Final documents

When orders are presented ex parte, the completed Exhibit 1 form must accompany the final documents presented for signature.

If orders are to be presented ex parte, this completed form must accompany the final documents when presented to the court for signature.

CRITICAL

Applies to

Settlement conference letter

The settlement-conference letter must address the factual summary, liability, damages, and opening offer; counsel may put the opening offer in a separate letter sent only to the judge.

The attorney personally in charge of each party's case shall personally attend all settlement conferences and shall, not less than three (3) calendar days prior to the date set for the settlement conference, serve on the assigned judge and the attorney for the opposing party a letter succinctly addressing the following: a. A brief factual summary; b. Issues regarding liability; c. Issues regarding damages, both special and general; and d. The party's opening offer. At the discretion of counsel, a party's opening offer may be set forth in a separate letter that is sent to the judge only.

CRITICAL

Applies to

Sealing order

An order sealing documents must indicate that they were presented to the court for in camera review.

The order sealing shall indicate the documents were presented to the court for in camera review.

CRITICAL

Applies to

Motion for order to show cause for temporary support

A motion for a show-cause order for temporary support must include a signed child support worksheet in the state-prescribed form; it may also include an Exhibit A financial declaration.

(3) Supporting Worksheet. A motion for order to show cause for temporary support shall be supported by a child support worksheet in the form prescribed by state law and may also include a financial declaration in the form designated in Exhibit A attached to this rule. No order shall be signed setting a show cause hearing for temporary support unless the signed worksheet accompanies the motion.

CRITICAL

Applies to

Motion to exceed page limits

The page limits may be exceeded only by motion and with prior court authorization, and the motion must demonstrate good cause.

These page limits shall not be exceeded without a motion and prior authorization of the court. A motion to exceed the page limits must demonstrate good cause.

CRITICAL

Applies to

Special award

An arbitrator awarding expenses must make a special award, file it with the clerk, and provide proof of service on each party.

The arbitrator shall make a special award for such expenses and shall file such award with the clerk of the court, with proof of service on each party.

CRITICAL

Applies to

Proposed findings and conclusions

In court-tried actions, counsel must provide proposed findings and conclusions two days before trial; they are not required in domestic cases unless the court requires them or the parties submit them voluntarily.

(f) In all actions tried to the court, counsel for each party shall, two (2) days prior to trial, provide the Court and opposing counsel with proposed findings of fact and conclusions of law. Provided, that proposed findings and conclusions are not required in domestic cases of any kind, except that the court may, at its discretion, require proposed findings and conclusions, in a particular case or the parties may voluntarily submit such findings and conclusions.

CRITICAL

Applies to

Proposed order

An emailed proposed order must identify the case and cause number; its email subject must include the judge, case, cause number, and hearing date and time; and the email must identify the submitting party.

(ii) Email. Emailed submission of proposed orders must be sent to SuperiorCourt.Judge@co.chelan.wa.us. The attached proposed order shall bear the name of the case and the cause number. The subject line of the email shall include the Judge's name, case name, cause number, and date and time of the hearing. The email shall also indicate the name of the party submitting the proposed order.

CRITICAL

Applies to

Presentence report

If the defendant is not requesting a sentence outside the standard range, the defense presentence report must state the recommended sentence, the type of program for the defendant, and the reasons for those recommendations.

If the defendant is not requesting a sentence outside of the standard range, the defense presentence report shall indicate the recommended sentence, the type of program that should be afforded the defendant, and reasons therefore.

CRITICAL

Applies to

Judgment on award

A judgment on an award shall be presented to the Presiding Judge, by any party, on notice in accordance with MAR 6.3.

A judgment on an award shall be presented to the Presiding Judge, by any party, on notice in accordance with MAR 6.3.

CRITICAL

Applies to

Notice of trial setting

A self-represented party's trial-setting notice must include specified proposed final pleadings pre-approved by an authorized person, and the Clerk will not place the case on the trial-setting docket without them.

(4) Note for Trial Setting Without Attorney (Self-represented). A notice of trial setting by a self-represented party shall be accompanied by pleadings which the party proposes to submit to the court as final orders that have been pre-approved by the Chelan County Family Court Navigator, a Chelan County Court Facilitator, Douglas County Court Facilitator, Limited License Legal Technician, or private attorney. Such proposed pleadings shall include Findings of Fact and Conclusions of Law or Waiver of same signed by all parties, Final Divorce Order, Parenting Plan and/or Residential Schedule, Child Support Worksheets, Order of Child Support, and a Residential Time Summary, where applicable. The Clerk shall not place any case on the trial setting docket upon application by any self-represented party unless it is accompanied by the party's pre-approved, proposed pleadings.

CRITICAL

Applies to

Note for motion

If an interpreter is needed, a copy of the Note for Motion must be provided to the Judicial Assistant at the same time the document is filed.

If an interpreter is needed, a copy of the Note for Motion must be provided to the Judicial Assistant simultaneously with the filing of this document. LR 7(b)(1)(c)(iii)

CRITICAL

Applies to

Stipulation to arbitration

The stipulation to arbitration must be filed with the County Clerk and the Arbitration Administrator.

FILE WITH THE COUNTY CLERK AND THE ARBITRATION ADMINISTRATOR

CRITICAL

Applies to

Revision motion

A revision motion must identify each portion of the order for which revision is sought.

The motion must specify each portion of the Order for which revision is sought.

CRITICAL

Applies to

Arbitration award

Must include

certificate of service

The original arbitration award must be filed with the Clerk together with proof of service on the parties.

Originals to be filed with the Clerk of the Superior Court, Chelan County Courthouse, together with proof of service on the parties.

CRITICAL

Applies to

Financial declaration

When child support is at issue, complete the Washington State Child Support Worksheets and skip Paragraphs 3.1 and 3.2.

If child support is at issue, complete the Washington State Child Support Worksheets), skip Paragraphs 3.1 and 3.2.

CRITICAL

Applies to

Settlement conference order

When the presenting party or another party has limited English ability under the stated conditions, the order must identify the need for an interpreter and the language needed.

If the party presenting such order has limited ability to speak or understand the English Language, or if such party knows or, after reasonable inquiry has reason to believe, that any other party to the action has limited ability to speak or understand the English Language, the party presenting such Order for entry shall indicate on such order that an interpreter is needed and the language for which the interpretation is needed.

CRITICAL

Applies to

Original probate application by mail

A mailing presenting an original probate application must include all documents required by 98.04(b).

(1) All documents required by 98.04(b) shall be presented in the mailing;

CRITICAL

Applies to

Appointment order

An appointment order must state the hourly compensation rate and, if determined, the payment source; unless waived, it must require court authorization for services beyond those approved in the order.

7.2 Each order appointing GAL/CV shall set forth the hourly rate of compensation for the investigative/legal work; source of payment, if determined; and unless waived, shall require the GAL/CV to seek court authorization to provide services in excess of those specifically approved in the order appointing

CRITICAL

Applies to

Note for motion

A Note for Motion must state the court title, hearing date and time, the words “Note for Motion,” the attorneys’ or self-represented parties’ names, the motion’s nature, and who brings it.

The note must contain the title of the court; the date, the time when the same shall be heard; the words "Note for Motion", the names of the attorneys for all parties or parties pro se; the nature of the motion; and by whom the motion is made.

CRITICAL

Applies to

Ex parte probate presentation

The listed probate documents must be presented before an ex parte presentation, subject to the stated conditions.

(b) Contents of File for Ex Parte Presentation. The following documents will be presented before ex parte presentation: (1) Original will; (2) Affidavits of subscribing witnesses; (3) Certified copy of Death CertificateSSN redacted; (4) Order admitting will to probate or order appointing administrator if petition is by surviving spouse; (5) Petition for order of solvency if solvency is requested; (6) An inventory or partial inventory of assets and debts sufficient to prove solvency; (7) An order of solvency.

CRITICAL

Applies to

Note for motion or other motion document

The Note for Motion or another document must include a certificate of mailing for all documents relating to the motion.

The note or other document shall provide a certificate of mailing of all documents relating to the motion.

CRITICAL

Applies to

Form

Self-represented parties and attorneys must complete and submit Exhibit 1 at least three days before the scheduled hearing for entry of final orders.

At least three (3) days prior to scheduled hearing for entry of final orders, self-represented parties and attorneys must complete and submit the form in Exhibit 1.

CRITICAL

Applies to

Final documents

Must include

caption

For orders presented ex parte, the cover sheet must accompany the final documents submitted for the court's signature.

If orders are to be presented ex parte, this cover sheet must accompany the final documents when presented to the court for signature.

CRITICAL

Applies to

Subsequent motion

A party making a subsequent motion based on allegedly different facts must submit an affidavit identifying the earlier motion, when and to which judge it was made, the resulting order or decision, and the claimed new facts.

If a subsequent motion is made upon alleged different facts, the moving party must show by affidavit what motion was previously made, when and to which judge, what order or decision was made on it, and what new facts are claimed to be shown.

CRITICAL

Applies to

Final documents

For ex parte presentation of orders, the completed form must accompany the final documents submitted for signature.

If orders are to be presented ex parte, this completed form must accompany the final documents when presented to the court for signature.

CRITICAL

Applies to

Case materials

A disqualified arbitrator must immediately return all case materials to the Arbitration Administrator.

If disqualified, the Arbitrator must immediately return all materials in a case to the Arbitration Administrator.

CRITICAL

Applies to

Trial setting note

The trial-setting form includes a certification that the case is at issue, discovery is sufficiently complete, necessary witnesses will be available, and the case is ready for trial or arbitration.

THE UNDERSIGNED HEREBY CERTIFIES THAT THIS CASE IS AT ISSUE AS OF (date answer/response filed) AND THAT THERE HAS BEEN A REASONABLE TIME FOR DISCOVERY, THAT DISCVOERY WILL BE COMPLETE IN ACCORDANCE WITH IR 37(F), THAT ALL NECESSARY WITNESSES WILL BE AVAILABLE, AND THAT THE CASE IS IN EVERY WAY READY FOR TRIAL OR ARBITRATION.

CRITICAL

Applies to

Statement of assets and liabilities

When property distribution is disputed, counsel must jointly prepare and provide the assigned judge with the Exhibit B Statement of Assets and Liabilities, including each party's values for all assets and liabilities and proposed distribution.

In cases involving disputed distribution of property, counsel shall also jointly prepare and provide to the assigned judge a Statement of Assets and Liabilities in the form of Exhibit B to LR 94.04, included herein. The matrix shall include each party's opinion as to the values of all of the assets and liabilities, and proposed distribution.

CRITICAL

Applies to

Evidence pages

Counsel must not submit pages that are not specifically cited in the briefing or in declarations or affidavits filed with the motion.

Counsel shall not submit pages which are not specifically cited to in the briefing or in declarations or affidavits submitted in connection with the motion.

CRITICAL

Applies to

Motion

When omnibus requests are undisputed, both parties must sign the motion and present it ex parte to the Court for signature before the omnibus hearing.

If there is no dispute regarding omnibus requests, the motion shall be signed by both parties and presented to the Court ex parte for signature before the date of omnibus hearing.

CRITICAL

Applies to

Original probate application by mail

The mailing must include a self-addressed return envelope with sufficient postage for any requested conformed copies.

(4) Return Envelope. A self-addressed return envelope bearing sufficient postage paid shall be included for the return of any request conformed copies.

CRITICAL

Applies to

Exhibit notice

A party anticipating offering at least 25 exhibits at trial must notify the trial judge and opposing party by letter at least two weeks before trial.

Exhibits. Parties shall notify the trial judge and the opposing party by letter if that party anticipates offering 25 exhibits or more at the time of trial. Said notice shall be given no less than two (2) weeks prior to the trial date.