Chelan County Superior Court Service and Proof of Service Rules

CRITICAL

Applies to

Request for trial de novo

Copies of the Request for Trial De Novo must be served on the parties.

Copies to be served on the parties

CRITICAL

Applies to

Notice of appointment

The person appointed by the Registry Administrator must serve the parties with a notice of appointment.

The person appointed by the Registry Administrator shall serve upon the parties a notice of appointment.

CRITICAL

Applies to

Tax returns and pay stubs

Serve the other party with tax returns from the last two years and pay stubs from the last six months to verify income.

THE OTHER PARTY MUST BE SERVED COPIES OF YOUR TAX RETURNS FROM THE LAST TWO YEARS AND COPIES OF YOUR PAY STUBS FOR THE LAST SIX MONTHS TO VERIFY YOUR INCOME.

CRITICAL

Applies to

Notice

To qualify for the presumption of admissibility, the offering party must serve all parties with a notice, a copy of the document, and the author's or maker's contact information at least 14 days before the hearing.

the party offering the document serves on all parties a notice, accompanied by a copy of the document and the name, address, and telephone number of its author or maker, at least 14 days prior to the hearing in accordance with MAR 5.2

CRITICAL

Deadline

2 court days

Copies of responding documents and briefs must be served on all parties and the judge hearing the motion by noon two court days before the hearing.

Responding documents and briefs must be filed with the Clerk and copies served on all parties and the Judge scheduled to hear the motion, no later than noon two (2) court days prior to the hearing.

CRITICAL

Applies to

Request for trial de novo

A copy of the Request for Trial De Novo must be sent to the Arbitration Administrator at the stated address.

a copy sent to: Arbitration Administrator P.O. Box 880 Wenatchee, WA 98807-0880

CRITICAL

Deadline

5 court days

A pretrial motion other than a summary-judgment motion must be served on all parties and the assigned judge or Presiding Judge at least five court days before the hearing.

Any party desiring to bring any motion prior to trial, other than a motion for summary judgment, must file with the Clerk and serve all parties and the Judge assigned to hear the motion or the Presiding Judge at least five (5) court days before the date fixed for such hearing.

CRITICAL

Calendar placement requires proof that the summons was served more than 90 days before the hearing, unless both parties have submitted to the court's jurisdiction.

The Clerk shall not place any case on the non-contested calendar unless the case has been on file for more than 90 days and either proof is filed that the summons was served more than ninety (90) days before the date selected for hearing or both parties have submitted to the jurisdiction of the court.

CRITICAL

Applies to

Arbitration award

A copy of the arbitration award must be sent to the Arbitration Administrator at the listed address.

A copy must also be sent to: Arbitration Administrator P.O. Box 880 Wenatchee, WA 98807-0880

CRITICAL

Applies to

Estimate

When offering a property-damage estimate, the party must send the adverse party with the notice a repair-status statement and, if repairs were made, a receipted bill showing the repairs and amount paid.

In the case of an estimate, the party intending to offer the estimate shall forward with the notice to the adverse party, a statement indicating whether or not the property was repaired, and if it was, whether the estimated repairs were made in full or in part, attaching a copy to the receipted bill showing the items of repair and the amount paid.

CRITICAL

Applies to

Amended statement of arbitrability

The amended statement must be served on all parties and the Arbitration Administrator and filed with the County Clerk.

SERVE ON ALL PARTIES, THE ARBITRATION ADMINISTRATOR AND FILE WITH THE COUNTY CLERK.

CRITICAL

Applies to

Jury demand

The appealing party must serve and file a jury demand with the trial de novo request.

Any jury demand shall be served and filed by the appealing party along with the request for a trial de novo, and by a non-appealing party within 14 calendar days after the request for trial de novo is served on that party.

CRITICAL

Each party must furnish the Arbitrator with copies of relevant pleadings and other documents from the court file.

In addition to the requirements of MAR 5.2, each party shall also furnish the Arbitrator with copies of pleadings and other documents contained in the court file which that party deems relevant.

CRITICAL

The petitioner must serve the order on the respondent and file a Return of Service with the Clerk.

The Petitioner shall serve a copy of this Automatic Temporary Order for Parties with Minor Children on the Respondent and file a Return of Service with the Chelan County Superior Court Clerk.

CRITICAL

Applies to

Special award

The special award must be served on each party, and proof of service must accompany its filing.

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

A party presenting a judgment on the arbitration award must give notice to all parties.

on notice to all parties

CRITICAL

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

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

The Petitioner must serve the order on the Respondent and file a declaration of service in the court file.

The Petitioner is subject to this order from the time of filing the Petition. The Petitioner shall serve a copy of this order on the Respondent and file a declaration of service in the court file. The Respondent is subject to this order from the time that the order is served.

CRITICAL

Unless the Court directs otherwise, the prosecuting attorney and defendant's attorney must serve the opposing party with a copy of any presentence report and send the original to the sentencing judge at least ten days before sentencing.

Unless otherwise directed by the Court, the prosecuting attorney and the defendant's attorney shall, not less than ten (10) days before the sentencing date, serve a copy of any presentence report upon the opposing party and send the original to the sentencing judge.

CRITICAL

Applies to

Statement of arbitrability response

Within 14 days after the Note for Trial and Statement of Arbitrability have been served and filed, any party disagreeing with the Statement of Arbitrability or willing to stipulate to arbitration shall serve and file a response to the Statement of Arbitrability on the form prescribed by the Court.

Within 14 days after the Note for Trial and Statement of Arbitrability have been served and filed, any party disagreeing with the Statement of Arbitrability or willing to stipulate to arbitration shall serve and file a response to the Statement of Arbitrability on the form prescribed by the Court.

CRITICAL

Applies to

Arbitration award

Proof of service on the parties must accompany the original arbitration award filed with the Clerk.

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

Notice of employment

Attorneys not appointed by the court must promptly serve written notice of their employment on the prosecuting attorney.

(e)(1) Attorneys representing defendants in criminal cases, except when appointed by the court, must serve prompt written notice of their employment upon the prosecuting attorney and file the same with the Clerk of the Court, and note the same for a hearing.

CRITICAL

Applies to

Proposed findings and conclusions

Counsel must provide proposed findings and conclusions to opposing counsel two days before trial in court-tried actions, subject to the stated domestic-case exception.

(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

A copy of the revision motion must be served on the other parties or their counsel within 10 days after entry of the order or judgment; mail service requires an additional three days' notice.

A copy of the motion for revision shall be served upon the other parties, or their counsel, if represented, within 10 days after the entry of the order or judgment of the Court Commissioner and at least five court days before the hearing date. An additional three days' notice shall be required if service of the revision motion before the hearing is by mail.

CRITICAL

Applies to

Trial setting note and initial statement of arbitrability

Serve the form on all parties and file it with the county clerk.

SERVE ON ALL PARTIES AND FILE WITH THE COUNTY CLERK.

CRITICAL

Applies to

Gal cv fee request

GAL/CV fee requests submitted to the court must also be served upon the parties.

All fee requests by the GAL/CV submitted to the court shall contain time records, which distinguished investigative/legal, administrative/clerical, and travel time and shall also be served upon the parties.

CRITICAL

The Department of Corrections must serve its report on the prosecuting and defense attorneys and send the original to the sentencing judge at least ten days before sentencing.

The Department of Corrections shall serve a copy of its report upon the prosecuting attorney and the defense attorney and the original to the sentencing judge not less than ten days before the sentencing date.

CRITICAL

Deadline

1 court days

Additional responding or reply documents must be served on all parties by noon one court day before the hearing.

Copies of any additional responding or reply documents must be filed with the Clerk and served on all parties no later than noon of the court day prior to the hearing.

CRITICAL

Each party must serve the written statement of issues on the opposing party at least three calendar days before trial.

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.

CRITICAL

The moving party must give the notice required by CR 65 to the opponent, or may face terms or sanctions.

Failure to give notice as required by CR 65 may result in the imposition of terms and/or sanctions on the moving party.

CRITICAL

The offering party must furnish all other parties with copies of related documents from the same author or maker.

the party offering the document similarly furnishes all other parties with copies of all other related documents from the same author or maker.

CRITICAL

For a stepchild name-change proceeding, the petitioner must give notice to the specified father or other person with a paternal interest, except as provided by statute.

When changing the name of a child under the age of 18 to the name of the child's stepfather, the petitioner shall give notice of such proceeding except as provided by statute to: d. The father, if the child has been born during marriage, or The father, if paternity is established, or C. Any other person with a paternal interest by virtue of an adoption.

CRITICAL

Applies to

Notice of trial setting and initial statement of arbitrability

The party filing the Notice of Trial Setting and Initial Statement of Arbitrability must provide a copy to the Judicial Assistant at the same time.

The party filing such Notice of Trial Setting and Initial Statement of Arbitrability shall, simultaneously with such filing, provide a copy of the Notice of Trial Setting and Initial Statement of Arbitrability to the Judicial Assistant.

CRITICAL

Applies to

Decree or order

When a dissolution decree or order is filed, the presenting attorney or self-represented party must immediately deliver or mail a true copy to the opposing party or counsel, and file a declaration of mailing.

(1) When any decree or order is filed in a dissolution matter, the attorney for the party presenting the order, or the party if the matter is presented pro se, shall immediately deliver or mail to the opposing party, or to the opposing party's last known address, or to opposing counsel, a true copy of the decree or order with the date of entry indicated on cach copy. A declaration of mailing of such true copy shall be filed.

CRITICAL

Applies to

Jury demand

If the aggrieved party files a jury demand with the request, the demand is served on all parties at the same time as the request is filed.

LJ IS being filed and served upon all parties at the same time as the filing of this Request for Trial De Novo by the undersigned as the aggrieved party.

CRITICAL

Deadline

3 calendar days

Applies to

Settlement conference letter

The attorney personally in charge must attend settlement conferences and serve the assigned judge and opposing counsel with the required letter at least three calendar days before the conference.

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:

WARNING

Applies to

Notice of arbitration hearing

Copies of the arbitration hearing notice must be sent to the parties and the Arbitration Administrator.

Copies must be sent to the parties and to: Arbitration Administrator P.O. Box 880 Wenatchee, WA 98807-0880

INFO

Before requesting or noting a presentment hearing, counsel or unrepresented parties should exchange proposed orders to determine whether an agreed order can be presented ex parte.

Prior to requesting or noting a presentment hearing, counsel or unrepresented parties should exchange proposed orders to determine whether or not an agreed order may be presented for signature ex parte.

INFO

Applies to

Proposed order

Before requesting or noting a presentment hearing, counsel or unrepresented parties should exchange proposed orders to determine whether an agreed order can be presented ex parte.

Prior to requesting or noting a presentment hearing, counsel or unrepresented parties should exchange proposed orders to determine whether or not an agreed order may be presented for signature ex parte.