Clallam County Superior Court
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • At Filing
- 1 copy • Upon Filing
Exhibits
Jury Instructions
- 1 copy
Proposed Jury Instructions
- 1 copy
Adjournments
- An extension must be requested before the seven-day period expires, in writing, and served on the arbitrator and opposing counsel.
- An arbitrator may request an extension of the award-filing time ex parte from a Superior Court judge or commissioner, and must notify the parties if an extension is granted.
- A contested motion to continue an established trial date must be written, give detailed reasons, and be scheduled for hearing before the assigned judge.
Request must include
Page & Word Limits1 rule
For covered RCW 26 and RCW 11.130 motions, a party's declarations and responses are limited to 30 pages total; specified documents are excluded, electronic-media printouts count, and incomplete or noncompliant pages are counted as stated in the rule. The limit does not apply to actions under 1(c) and 1(d), and the court may impose sanctions for exceeding it.
- Declaration
- Up to 30 pages in total
- Rcw 26 and rcw 11 130 motions
Excluded from page count
- •Exhibits
Court's wording
The page limits described in this section (4) do not apply to actions filed under 1(c) and 1(d) of this rule. They do apply to all other RCW 26 and RCW 11.130 motions. A party's declarations, including any responses, shall not exceed a total of thirty pages. The court may impose sanctions for exceeding the limits. All declarations will be double spaced, using at least twelve-point font. A declaration which does not fill an entire page will be counted as one page toward the limit. Single spaced declarations and declarations with a font smaller than twelve-point will be counted as two pages for every page filed. Printouts of electronic media exchanges will count toward the thirty-page limit. The following documents will not count toward the thirty-page limit (but do count toward the rules regarding bench copies as set forth in LCR 0.1): Non-narrative exhibits attached to declarations (i.e. bank statements, pay stubs, tax returns, treatment reports, property valuations, photographs, etc.). Financial declarations and child support worksheets. Proposed orders.
Document Format Requirements22 rules
Any party disagreeing with the statement of arbitrability shall serve and file a response on the form prescribed by the court (Exhibit B).
When the award is filed, the arbitrator shall submit to the presiding court ex parte a request on a form prescribed by the court.
- Arbitrator compensation request
Formatting
- •The request must be on a form prescribed by the court
Bench copies must be delivered in hard copy to either specified office and labeled with the hearing date and time and assigned judicial officer.
- File type
- Paper
- Bench copy
Formatting
- •Clearly label the copy “bench copy.”
Court's wording
Bench copies shall be delivered in hard copy to either the Court Clerk’s Office or the Court Administrator’s Office. Such copies shall be clearly labeled “bench copy” and shall state the date and time of the scheduled hearing and the assigned judicial officer.
Counsel shall note cases for trial on forms substantially like that found in Exhibit B annexed hereto.
Original to trial Judge to be unnumbered without citations.
Each entry in an electronic exchange series must identify its speaker, and the identification may be handwritten next to the entry.
Court's wording
If a series of electronic exchanges are provided to the court (i.e. texts, emails, etc.), the following rules apply: i. Each entry in the series must clearly identify the speaker. This identification may be written in by hand next to the entry.
Entries in an electronic exchange series must be numbered sequentially, starting with #1 for the oldest entry; the numbering may be handwritten.
Court's wording
If a series of electronic exchanges are provided to the court (i.e. texts, emails, etc.), the following rules apply: Each entry in the series must be sequentially numbered with #1 being the oldest entry. This numbering may be written in by hand next to the entry.
If a series of electronic exchanges are provided to the court (i.e. texts, emails, etc.), the following rules apply: The printed version of the exchanges must be in twelve-point font.
- Font size
- 12 points
- Electronic exchanges
One week prior to the scheduled settlement conference by 4:00pm, each party shall file a Settlement Statement in form substantially like the pattern form set forth in Exhibit A.
The original proposed jury instructions for the trial judge must be unnumbered and have no citations; each distributed copy must be numbered and include supporting citations.
Court's wording
(a) Assembling and Distribution. Proposed jury instructions shall be assembled and distributed as follows: (1) Original to trial Judge to be unnumbered without citations. (2) One copy numbered and with supporting citations to each of the following: Clerk, for court file Judge, for work copy Counsel for each opposing party
may upon the form prescribed by the court, complete a statement of arbitrability,
- Statement of arbitrability
Formatting
- •Use the form prescribed by the court
Only these interrogatories, with the exact language as set out above, are permitted.
Defendant / Respondent should mark their exhibits starting at Exhibit #200.
Plaintiff / Petitioner should mark their exhibits starting at Exhibit #1.
All declarations will be double spaced, using at least twelve-point font.
- Line spacing
- Double
- Declaration
Pleadings will be formatted as set forth in GR 14
- Pleading
Formatting
- •Pleadings must be formatted as set forth in GR 14
Date Service Time (calendar date) (must be in sufficient detail to (to nearest fully advise court of service rendered) 1/10th hour)
Formatting
- •Dates are calendar dates
- •Time is reported to the nearest 1/10th hour
All answers should be typed or legibly printed in ink.
Please use additional pages if the spaces provided are insufficient for the answer.
(a) Parties are encouraged to pre-number exhibits for trial and provide a bench copy of those exhibits to the trial judge.
(computer printout containing this information may be incorporated by reference)
Narrative declarations should cite a specifically numbered entry when many electronic-exchange entries are provided.
Court's wording
If a series of electronic exchanges are provided to the court (i.e. texts, emails, etc.), the following rules apply: Narrative declarations should reference a specifically numbered entry if many entries are provided to the court.
Document Filing Requirements111 rules
A criminal appellant seeking public-funded review must move in the lower court for an order of indigency and counsel, supported by an affidavit stating the specified financial information.
Court's wording
Criminal cases. A party seeking review partially or wholly at public expense from a decision of a Court of Limited Jurisdiction must move in the lower court for an Order of Indigency and Appointment of Counsel at Public Expense. The motion must be supported by an affidavit setting forth the moving party's total assets; monthly income, expenses, and liabilities of the party; and a statement of the amount, if any, the party can contribute toward the expense of counsel.
A party seeking publicly funded review costs must move in Superior Court for an order and support the motion with a statement of the costs sought to be waived or publicly funded.
Court's wording
A party seeking review partially or wholly at public expense from a decision of a Court of Limited Jurisdiction must move in the Superior Court for an Order of Payment of Costs at Public Expense. The motion must be supported by a statement of the costs the party wants waived or provided at public expense.
A civil appellant seeking public-funded review must move in the lower court for an order of indigency and counsel, with a supporting affidavit and a demonstration of the constitutional right to publicly funded review.
Court's wording
Civil cases. A party seeking review of a civil case partially or wholly at public expense must move in the lower court for an Order of Indigency and Appointment of counsel at public Expense. The Motion must be supported by an affidavit meeting substantially the same requirements as set forth in subsection (a) above. In addition, the party must also demonstrate in the motion or the supporting affidavit that the party has a constitutional right to review partially or wholly at public expense.
The Motion, Affidavit and Order Re: Indigency and Appointment of Counsel at Public expense shall be transmitted to the Superior Court by the Lower Court Clerk as a part of the record on review.
Orders for indigency or payment of review costs must specify which expenses public funds will cover, any party contribution, and the covered portions of the review record.
Court's wording
The Order(s) shall designate the items of expense which are to be paid with public funds and, where appropriate, the items of expense to be paid by a party or the amount which the party must contribute toward the expense of review. The Order shall designate the extent to which public funds are to be used for payment of the expense of the record on review, limited to those parts of the record reasonably necessary to review issues argued in good faith.
An order denying indigency and appointed-counsel relief must identify the funds or funding source available to pay for a lawyer.
Court's wording
The order denying the motion for an Order of Indigency and Appointment of Counsel at Public Expense shall contain findings designating the funds or source of funds available to the party to pay the cost for a lawyer.
Any order or document that is filed in the Clerk's Office requiring action by the Clerk must contain language on the first page of the document in the upper right-hand side as follows: "Clerk's Action Required" and be properly marked/identified that action is required.
- Document
- Order or document requiring clerk action
- Placement
- First page
An order to be forwarded by the Clerk to law enforcement must state that the Clerk is to forward it and name the agency that should receive it.
Court's wording
When the Clerk is to forward a copy of an order to law enforcement, the order must clearly state that the Clerk is to forward a copy of the order to law enforcement and include the name of the law enforcement agency where the order is to be sent.
The arbitrator shall make a special award for such expenses and shall file such award with the clerk of the superior court, with proof of service on each party.
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.
a) A written request for a trial de novo shall be accompanied by a note of issue noting the matter for trial setting. Failure to submit the note of issue is not grounds for dismissal; however, the court may impose terms in its discretion.
If the arbitrator awards fees, the arbitrator shall file an amended award. If fees are denied, the decision shall be filed and served on the parties;
The arbitrator shall render a decision on the motion, in writing, within 14 days after the motion is made;
When the award is filed, the arbitrator shall submit to the presiding court ex parte a request on a form prescribed by the court.
If, in support of a motion, a party wishes to submit a recording of an event for the court’s consideration, they must offer the recording as an exhibit at the hearing.
(b) If a subsequent application is made upon an alleged different state of facts, it must be shown by affidavit what application was made, when and to what Judge, what order or decision was made thereon, and what new facts are claimed to be shown.
(d) Except for orders entered on the ex parte calendar, no request to change the terms of an order entered in a family law or civil matter may be based upon the oral ruling of a different judge.
(a) When an order has been applied for and refused in whole or in part or has been granted conditionally and the condition has not been performed, the same application for an order must not be presented to another Judge, without disclosure of the prior refusal.
(c) The original motion and supporting materials and proof of service upon all parties, along with a bench copy for the assigned judge, will be filed with the Superior Court clerk.
(b) A motion for revision shall be based upon entry of written findings, conclusions and order by the Court Commissioner.
To obtain a priority trial date (including cases with statutory priority), the requesting party shall note the trial setting for hearing on the regular civil calendar
Oral rulings not reduced to written orders are not the proper subject for a motion for revision.
The Court Administrator shall not set cases as “Priority” without written order of the court.
and shall by motion and affidavit set forth the legal and factual basis for the priority settings.
Such requests will conform with contracts executed with the County Administrator, if any.
Counsel seeking payment of fees and costs shall file an affidavit in the form of Exhibit A.
(a) A party moving for revision of a ruling by a Court Commissioner shall comply with RCW 2.24.050.
A party or counsel filing a motion and affidavit of prejudice shall comply with RCW 4.12.050.
A party or counsel filing a motion and affidavit of prejudice shall provide a copy to the Court Administrator.
A previously filed affidavit of prejudice in a family law case (RCW 26 or RCW 11.130) will not govern future hearings that are based upon a petition to modify the final orders unless a new affidavit of prejudice is filed.
Proposed jury instructions must cite and identify Washington Pattern Jury Instructions by WPI number; modified instructions must be labeled “modified,” except for alternate WPI wording, and case-law-based modifications must cite the relevant case.
Court's wording
Citations. Washington Pattern Jury Instructions are to be cited. On the copy of Proposed Jury Instructions delivered to the trial court, the Clerk, and opposing counsel, those Washington Pattern Jury Instructions proposed shall be so identified by WPI number. If the WPI is changed or modified in any way (except for the selection of alternate WPI wording), the citation shall include the word "modified". Modifications based upon case law will cite the relevant case.
One copy numbered and with supporting citations to each of the following: Clerk, for court file Judge, for work copy Counsel for each opposing party
Originals are to be filed with the court and a bench copy is to be provided to the assigned judge.
The bench copy must include proof of service.
Court's wording
(1) A motion for reconsideration and any supporting documents shall be filed and served (with a bench copy, including proof of service, delivered to the trial Judge at the time of filing) within ten (10) days of the entry of the order that is sought to be reconsidered.
Emancipation petitions shall not be considered by the court until such time as a supplement (Exhibit G attached to these rules) is filed for the court’s consideration.
Thereafter the petitioner shall file a declaration or affidavit of service with the court.
If a response is filed under 2(b), the moving party under 2(a) may then supplement its original pleadings. The supplement will be in strict reply to the response received and shall be filed and served by 12:00 p.m. on the day before the hearing (typically Thursday).
If a party is seeking child support, spousal maintenance, expert fees, or attorney fees, a financial declaration must be filed with the request.
Each party in a domestic-relations final hearing or trial must file a written pretrial affidavit and personal property form.
Court's wording
In all final hearings or trials in domestic relations matters, each party shall file a written pretrial affidavit and personal property form and serve the same by 1:30p.m. on the last judicial day prior to trial.
The pretrial affidavit shall be substantially in the form set forth in Exhibit C attached to these rules.
One week prior to the scheduled settlement conference by 4:00pm, each party shall file a Settlement Statement in form substantially like the pattern form set forth in Exhibit A.
Parties must indicate in their settlement conference statement whether they intend to appear in person or by video conference.
Successful completion shall be evidenced by a certificate of attendance filed by the provider agency with the court.
A Non-Juvenile Services grievance must identify the underlying case, filer, and guardian, and include a signed statement under penalty of perjury with the specified violation details and requested remedy.
Court's wording
Grievances shall be filed, under seal and with a copy to the Superior Court Administrator, and will include the following information: i. The cause number of the underlying action; ii. The name, address and phone number of the party filing the grievance; iii. The name of the guardian; iv. A statement which is signed under penalty of perjury and includes the following information: 1. The specific court rule, statue, policy, or code of conduct that was violated (including but not limited to any violations of GALR 2); 2. The date, time, and place of each alleged violation; 3. For each violation, a narrative description of the facts which support the violation; 4. Whether the violation was discussed with the guardian, and what was the result of that discussion; 5. The names and contact information of other individuals who observed the violation; 6. What specific remedy is sought;
Only a party may file a grievance.
The written response will address each violation and will be provided under penalty of perjury.
e. Attached are the monthly statements from each creditor for the month of separation and for the most recent month (attach that portion of the statement which shows the account number and balance).
Filing & Service rules
Filing Timing and Cure Windows
A party may amend its statement or response before an arbitrator or trial date is assigned; afterward, court leave for good cause is required.
A party may amend a statement of arbitrability or response at any time before assignment of an arbitrator or assignment of a trial date, and thereafter only upon leave of the court for good cause shown.
Page 10 | LMAR 2.1(c) — Failure to File - Amendments
A party that misses the prescribed filing and service times waives arbitration unless the court later grants leave for good cause.
A party failing to file and serve a statement of arbitrability within the times prescribed shall be deemed to have waived arbitration and may subject the matter to mandatory arbitration thereafter only upon leave of the court for good cause shown.
Page 10 | LMAR 2.1(a) — Statement of Arbitrability
An objecting response must be filed with a notice of issue, and the matter must be noted for an arbitrability hearing within 14 days after the response is filed.
A notice of issue shall be filed with any response objecting to the statement of arbitrability, noting the matter for hearing on the issue of arbitrability within 14 days of filing the response.
Page 10 | LMAR 2.1(b) — Response to Statement of Arbitrability
A late original response may be served and filed only with leave of the court.
A person failing to serve and file an original response within the times prescribed may later do so only upon leave of the court.
Page 10 | LMAR 2.1(c) — Failure to File - Amendments
A response opposing the statement of arbitrability must be filed within seven days after receiving it.
Any response opposing the statement of arbitrability shall be filed within seven days after the receipt of the statement of arbitrability.
Page 10 | LMAR 2.1(b) — Response to Statement of Arbitrability
If only one party responds within 14 days, the judge or commissioner appoints an arbitrator nominated by that party.
c) Response by Only One Party. If only one party responds within 14 days, a superior court judge or commissioner will appoint an arbitrator nominated by that party.
Page 11
If neither party responds within 14 days, the judge or commissioner appoints one of the five proposed arbitrators.
d) No Response. If neither party responds within 14 days, a superior court judge or commissioner will appoint one of the five proposed arbitrators.
Page 11
An aggrieved party has 10 days to appeal the expense award; if no party appeals within 10 days after filing, judgment is entered.
The aggrieved party shall have 10 days thereafter to appeal the award of such expense in accordance with the procedure described in RCW 2.24.050. If, within 10 days after the award is filed no party appeals, a judgment shall be entered in a manner described generally under MAR 6.3.
Page 11 | LMAR 3.2 AUTHORITY OF ARBITRATORS
A motion for attorney fees must be submitted to the arbitrator and served on opposing counsel within seven calendar days after receipt of the award.
Any motion for an award of attorney fees must be submitted to the arbitrator and served on opposing counsel within seven calendar days of receipt of the award.
Page 12 | LMAR 6.1 FORM AND CONTENT OF AWARD
The arbitrator must render a decision on the motion within 14 days after the motion is made.
The arbitrator shall render a decision on the motion, in writing, within 14 days after the motion is made;
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A response to a motion for fees must be submitted to the arbitrator and served on opposing counsel within seven calendar days after receipt.
Any response to the motion for fees, must be submitted to the arbitrator and served on opposing counsel within seven calendar days after receipt of the motion;
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When attorney fees have been timely requested, the appeal period does not begin until the amended award or denial is served and filed.
The time for appeal of the arbitrator's decision in any case where attorney fees have been timely requested, as set forth above, shall not run until the service and filing of the amended award, or the denial thereof.
Page 13
The appealing party may file a jury demand with the trial de novo request and note of issue; the non-appealing party may file one until the case is set for trial, after which an unfiled demand is waived.
The appealing party may file and serve on the other party or parties a jury demand at the same time as the request for a trial de novo and note of issue are filed. The non-appealing party shall have until the time the case is set for trial to file a jury demand. If no jury demand is timely filed, it is waived.
Page 13 | LMAR 7.1
For a case involving a motion for attorney fees under LMAR 6.1 c, the 20-day appeal period begins only after the amended award or written denial has been filed and served.
In any case in which a party makes a motion for attorney fees pursuant to LMAR 6.1 c, the 20-day period for appeal shall not commence until the arbitrator has either filed and served the amended award, or the written denial thereof.
Page 13 | LMAR 7.1
The Clerk must file a motion to dismiss for want of prosecution in an arbitration-assigned case with no activity for one year.
The Superior Court Clerk shall file a clerk's motion to dismiss for want of prosecution in any case assigned for arbitration where there is no activity for a period of one year.
Page 15 | LMAR 8.8 WANT OF PROSECUTION
The recording device may not be filed as a pleading before the hearing.
The device containing the recording may not be filed as a pleading prior to the hearing.
Page 16 | LCR 0.2 ELECTRONIC STORAGE DEVICES
A non-moving party who wishes to respond must file the response within ten days after service of the initial motion.
If a non- moving party wishes to respond, that response is due ten days after being served with the initial motion.
Page 18 | LCR 2 — REVISION OF COMMISSIONER’S RULING
Proposed jury instructions are due at least three business days before the jury trial begins.
Proposed jury instructions are due at least three business days prior to the commencement of the jury trial.
Page 20 | LCR 51(c) — JURY INSTRUCTIONS
A motion for reconsideration and supporting documents must be filed within ten days after entry of the challenged order.
(1) A motion for reconsideration and any supporting documents shall be filed and served (with a bench copy, including proof of service, delivered to the trial Judge at the time of filing) within ten (10) days of the entry of the order that is sought to be reconsidered.
Page 21 | LCR 59(e) — MOTION FOR RECONSIDERATION OR NEW TRIAL
Responsive pleadings must be filed by 4:30 p.m. on the second court day before the hearing.
All responsive pleadings shall be filed and served no later than 4:30 p.m. on the second court day preceding the date set for the hearing, i.e., for a Friday hearing, no later than 4:30 p.m., Wednesday.
Page 22 | RULE 77(K) — HEARING OF MOTION CALENDAR
Supporting pleadings, except for family-law motions, must be filed no later than five court days before the hearing unless a statute or court rule sets a different timeframe.
All pleadings filed in support of a motion, other than family law motions as set forth in LCR 94(a), must be filed and served with the motion no later than five court days before the scheduled hearing, unless a statue or court rule provides for different time frame (i.e. injunctions, summary judgment).
Page 22 | RULE 77(K) — HEARING OF MOTION CALENDAR
Documents relied upon by the responding party must be filed by noon on the second day before the hearing.
All documents to be relied upon by the responding party shall be filed and served no later than 12:00 p.m. on the second day before the hearing (typically Wednesday).
Page 23 | LCR 94(a) FAMILY COURT HEARINGS & MOTIONS
Documents relied upon by the moving party must be filed by noon on the ninth day before the hearing.
All documents relied upon by the moving party shall be filed and served no later than 12:00 p.m. on the ninth day before the hearing (typically Wednesday).
Page 23 | LCR 94(a) FAMILY COURT HEARINGS & MOTIONS
If a response is filed and the moving party supplements its pleadings, the supplement must be filed by noon on the day before the hearing.
If a response is filed under 2(b), the moving party under 2(a) may then supplement its original pleadings. The supplement will be in strict reply to the response received and shall be filed and served by 12:00 p.m. on the day before the hearing (typically Thursday).
Page 24 | LCR 94(a) FAMILY COURT HEARINGS & MOTIONS
The pretrial affidavit and personal property form must be filed by 1:30 p.m. on the last judicial day before trial.
In all final hearings or trials in domestic relations matters, each party shall file a written pretrial affidavit and personal property form and serve the same by 1:30p.m. on the last judicial day prior to trial.
Page 25 | RULE 94(b) — Domestic Relations Final Hearing on Contested Matters
Each party must file the Settlement Statement one week before the scheduled settlement conference, by 4:00 p.m.
One week prior to the scheduled settlement conference by 4:00pm, each party shall file a Settlement Statement in form substantially like the pattern form set forth in Exhibit A.
Page 27 | LCR 94(f)
Within seven days after receiving a grievance, the court administrator must forward it to the guardian and seek a written response.
Upon receipt of the grievance, within seven days the court administrator will forward a copy of the grievance to the guardian and seek the guardian's written response.
Page 30 | LGALR 7, II(c)(i)
For a grievance in a concluded case, the judicial officer must rule within sixty days after filing.
The judicial officer will rule within sixty days of the grievance being filed.
Page 30 | LGALR 7, II(d)
The guardian’s written response is due within seven days of receipt of the grievance.
That response is due within seven days of receipt.
Page 30 | LGALR 7, II(c)(i)
For a grievance in a concluded case, the pending-case procedure applies with fifteen additional days added to each deadline in II(c).
If a grievance is filed in a concluded case, the procedure for pending cases will be followed, but fifteen additional days shall be added to each deadline indicated in II(c).
Page 30 | LGALR 7, II(d)
A grievance must be filed within one year after the alleged violation.
Any grievance must be filed within one year from the date of the alleged violation.
Page 30 | LGALR 7, II(f)
For a pending case, the judicial officer must rule on the grievance within twenty-five days after it is filed.
The judicial officer will then rule on the grievance within twenty-five days of the grievance being filed.
Page 30 | LGALR 7, II(c)(i)
A Status Report and Order must be filed at the conclusion of the status hearing.
A Status Report and Order will be filed at the conclusion of the status hearing and shall be in the form of Exhibit E.
Page 35 | LCrR 4.5(c) STATUS HEARINGS
Jury instructions must be provided before jury selection begins.
Jury instructions will be provided prior to the commencement of jury selection.
Page 36 | LCrR 6.15 JURY INSTRUCTIONS
A party filing the note for trial setting, or any party before trial-setting time, may complete a statement of arbitrability.
In every civil case, the party filing the note for trial setting (Exhibit A) provided by CR 40 (a) (1) and LCR 40(B) (1), or any party prior to the time for trial setting, may upon the form prescribed by the court, complete a statement of arbitrability,
Page 9 | LMAR 2.1(a) — Statement of Arbitrability
Within 14 days after the proposed-arbitrator list is furnished, each party may nominate one or two arbitrators and strike two from the list.
Each party may, within 14 days after a list of proposed arbitrators is furnished to the parties, nominate one or two arbitrators and strike two arbitrators from the list.
Page 10 | LMAR 2.2(b) — Response by Parties
If no party files a response opposing arbitration within 14 days, the case is transferred to the arbitration calendar.
If, within 14 days, no party files a response indicating that the case is not subject to arbitration, the case will be transferred to the arbitration calendar.
Page 14 | LMAR 8.3
Service and Proof of Service Rules
The statement of arbitrability must be filed with the Superior Court Clerk, with a duplicate delivered to the Court Administrator and opposing parties.
will be filed In the Superior Court Clerk's office and a duplicate copy delivered to the Court Administrator's office and the opposing party or parties.
Page 10 | LMAR 2.1(a) — Statement of Arbitrability
A party disagreeing with a statement of arbitrability must serve and file its response and deliver a duplicate copy to the Court Administrator.
Any party disagreeing with the statement of arbitrability shall serve and file a response on the form prescribed by the court (Exhibit B). A duplicate copy of the response shall be delivered to the Court Administrator.
Page 10 | LMAR 2.1(b) — Response to Statement of Arbitrability
The special award filed with the clerk must have 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 superior court, with proof of service on each party.
Page 11 | LMAR 3.2 AUTHORITY OF ARBITRATORS
A motion for attorney fees must be served on opposing counsel within seven calendar days after receipt of the award.
Any motion for an award of attorney fees must be submitted to the arbitrator and served on opposing counsel within seven calendar days of receipt of the award.
Page 12 | LMAR 6.1 FORM AND CONTENT OF AWARD
A response to a motion for fees must be served on opposing counsel within seven calendar days after receipt of the motion.
Any response to the motion for fees, must be submitted to the arbitrator and served on opposing counsel within seven calendar days after receipt of the motion;
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The written extension request must be served on both the arbitrator and opposing counsel before the seven-day period expires.
extension before the seven-day period has expired, in writing, served on both the arbitrator and opposing counsel;
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If fees are denied, the decision must be served on the parties.
If the arbitrator awards fees, the arbitrator shall file an amended award. If fees are denied, the decision shall be filed and served on the parties;
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A copy of the recording must be served on the other parties within the time frames that govern filing pleadings.
A copy of the recording must be served upon the other parties according to the same time frames which govern the filing of pleadings.
Page 16 | LCR 0.2 ELECTRONIC STORAGE DEVICES
A revision motion filing must include proof of service upon all parties.
(c) The original motion and supporting materials and proof of service upon all parties, along with a bench copy for the assigned judge, will be filed with the Superior Court clerk.
Page 18 | LCR 2 — REVISION OF COMMISSIONER’S RULING
Distribute a numbered copy with supporting citations to counsel for each opposing party.
One copy numbered and with supporting citations to each of the following: Clerk, for court file Judge, for work copy Counsel for each opposing party
Page 20 | LCR 51(c) — JURY INSTRUCTIONS
The motion for reconsideration and any supporting documents must be served within ten days of entry of the challenged order.
(1) A motion for reconsideration and any supporting documents shall be filed and served (with a bench copy, including proof of service, delivered to the trial Judge at the time of filing) within ten (10) days of the entry of the order that is sought to be reconsidered.
Page 21 | LCR 59(e) — MOTION FOR RECONSIDERATION OR NEW TRIAL
After filing an emancipation petition, the petitioner must serve each parent or guardian with the petition and a blank response form, Exhibit H.
After an emancipation petition is filed, the petitioner shall cause to be served upon his or her parent(s)/guardian(s) a copy of the petition and a blank copy of the response to the petition for emancipation (Exhibit H attached to these rules).
Page 22 | LCR 78 — PROCEDURE FOR EMANCIPATION PETITIONS
Supporting pleadings, except for family-law motions, must be served no later than five court days before the hearing unless a statute or court rule sets a different timeframe.
All pleadings filed in support of a motion, other than family law motions as set forth in LCR 94(a), must be filed and served with the motion no later than five court days before the scheduled hearing, unless a statue or court rule provides for different time frame (i.e. injunctions, summary judgment).
Page 22 | RULE 77(K) — HEARING OF MOTION CALENDAR
Responsive pleadings must be served by 4:30 p.m. on the second court day before the hearing.
All responsive pleadings shall be filed and served no later than 4:30 p.m. on the second court day preceding the date set for the hearing, i.e., for a Friday hearing, no later than 4:30 p.m., Wednesday.
Page 22 | RULE 77(K) — HEARING OF MOTION CALENDAR
Documents relied upon by the moving party must be served by noon on the ninth day before the hearing.
All documents relied upon by the moving party shall be filed and served no later than 12:00 p.m. on the ninth day before the hearing (typically Wednesday).
Page 23 | LCR 94(a) FAMILY COURT HEARINGS & MOTIONS
Documents relied upon by the responding party must be served by noon on the second day before the hearing.
All documents to be relied upon by the responding party shall be filed and served no later than 12:00 p.m. on the second day before the hearing (typically Wednesday).
Page 23 | LCR 94(a) FAMILY COURT HEARINGS & MOTIONS
If a response is filed and the moving party serves a supplemental pleading, it must be served by noon on the day before the hearing.
If a response is filed under 2(b), the moving party under 2(a) may then supplement its original pleadings. The supplement will be in strict reply to the response received and shall be filed and served by 12:00 p.m. on the day before the hearing (typically Thursday).
Page 24 | LCR 94(a) FAMILY COURT HEARINGS & MOTIONS
Each party must serve the pretrial affidavit and personal property form by 1:30 p.m. on the last judicial day before trial.
In all final hearings or trials in domestic relations matters, each party shall file a written pretrial affidavit and personal property form and serve the same by 1:30p.m. on the last judicial day prior to trial.
Page 25 | RULE 94(b) — Domestic Relations Final Hearing on Contested Matters
The Settlement Statement is not filed in the Court file; its original must go to the settlement judicial officer and a copy to the opposing party or their attorney.
The Settlement Statement will not be filed in the Court file, but the original will be provided to the judicial officer conducting the settlement conference, with a copy provided to the opposing party or their attorney.
Page 27 | LCR 94(f)
A copy of the Juvenile Services grievance-review filing must be provided to the Superior Court Administrator.
A copy of the filing will be provided to the Superior Court Administrator.
Page 29 | LGALR 7, II(a)(ii)
Immediately notify the Court Administrator if a set trial will not proceed, including when the case settles or a jury is waived; the court may assess actual costs for a violation.
Whenever a case has been set for trial and thereafter is settled or will not be tried for any reason, or if a jury is thereafter waived, notice shall be immediately given to the Court Administrator. Upon violation of this rule, the court may assess actual costs. Actual costs shall include venire person mileage and per diem, bailiff wages, and witness fees paid by the court.
Page 35 | LCrR 6.1 NOTICE TO COURT OF CALENDAR AND JURY TRIAL CHANGES
Provide each opposing party’s counsel one numbered copy of proposed jury instructions with supporting citations.
(a) Assembling and Distribution. Proposed jury instructions shall be assembled and distributed as follows: (1) Original to trial Judge to be unnumbered without citations. (2) One copy numbered and with supporting citations to each of the following: Clerk, for court file Judge, for work copy Counsel for each opposing party
Page 36 | LCrR 6.15 JURY INSTRUCTIONS
A party or counsel filing a motion and affidavit of prejudice must provide a copy to the Court Administrator.
A party or counsel filing a motion and affidavit of prejudice shall provide a copy to the Court Administrator.
Page 36 | LCrR 6.11(c) AFFIDAVITS OF PREJUDICE
The appealing party may serve a jury demand on the other party or parties at the same time the trial de novo request and note of issue are filed.
The appealing party may file and serve on the other party or parties a jury demand at the same time as the request for a trial de novo and note of issue are filed. The non-appealing party shall have until the time the case is set for trial to file a jury demand. If no jury demand is timely filed, it is waived.
Page 13 | LMAR 7.1
Parties without a current email address on file will receive mailed notice that a court decision has been made.
Parties who do not maintain a current email address with the court will receive a mailed notice that a court decision has been made,
Page 16 | LCR 0.3 NOTICE OF WRITTEN COURT ORDERS
Parties with a current email address on file will receive copies of court orders by email.
Parties who maintain a current email address will receive copies of court orders sent by email.
Page 16 | LCR 0.3 NOTICE OF WRITTEN COURT ORDERS
Filing Fees and Waivers
The clerk may charge a fee for an ex parte order.
The clerk may charge an ex parte fee.
Page 21 | LCR 54(f) — JUDGMENTS AND COSTS
Courtesy Copy Requirements
Hard-copy bench copies must be provided for all pleadings filed in connection with a summary judgment motion, following subsection (b)'s delivery instructions.
Bench Copies for Summary Judgment: The court shall be provided with bench copies, in hard copy, for all pleadings filed in connection with a motion for summary judgment, to be delivered in the manner set forth in subsection (b) above.
Page 16 | LCR 0.1 BENCH COPIES
A bench copy must be delivered when the original pleading is filed if the hearing will occur within five days of filing.
For any pleading which is filed for a hearing that will occur within five days of the filing of the document, a bench copy must also be delivered at the time the original pleading is filed.
Page 16 | LCR 0.1 BENCH COPIES
A bench copy for the assigned judge must be filed with the revision motion materials.
(c) The original motion and supporting materials and proof of service upon all parties, along with a bench copy for the assigned judge, will be filed with the Superior Court clerk.
Page 18 | LCR 2 — REVISION OF COMMISSIONER’S RULING
Provide a numbered copy with supporting citations to the Clerk for the court file, the judge for a work copy, and counsel for each opposing party.
One copy numbered and with supporting citations to each of the following: Clerk, for court file Judge, for work copy Counsel for each opposing party
Page 20 | LCR 51(c) — JURY INSTRUCTIONS
Provide a bench copy of the proposed jury instructions to the assigned judge.
Originals are to be filed with the court and a bench copy is to be provided to the assigned judge.
Page 20 | LCR 51(c) — JURY INSTRUCTIONS
A bench copy, including proof of service, must be delivered to the trial judge when the motion for reconsideration is filed.
(1) A motion for reconsideration and any supporting documents shall be filed and served (with a bench copy, including proof of service, delivered to the trial Judge at the time of filing) within ten (10) days of the entry of the order that is sought to be reconsidered.
Page 21 | LCR 59(e) — MOTION FOR RECONSIDERATION OR NEW TRIAL
A pleading filed within five business days of the scheduled hearing must include one additional copy for the judicial officer.
Any pleading filed with the court within five business days of the scheduled hearing must include an additional copy for the judicial officer as set forth in LCR 0.1.
Page 24 | LCR 94(a) FAMILY COURT HEARINGS & MOTIONS
Provide one numbered copy of proposed jury instructions with supporting citations to the judge for a work copy.
(a) Assembling and Distribution. Proposed jury instructions shall be assembled and distributed as follows: (1) Original to trial Judge to be unnumbered without citations. (2) One copy numbered and with supporting citations to each of the following: Clerk, for court file Judge, for work copy Counsel for each opposing party
Page 36 | LCrR 6.15 JURY INSTRUCTIONS
Parties are encouraged to provide the trial judge with a bench copy of the exhibits.
(a) Parties are encouraged to pre-number exhibits for trial and provide a bench copy of those exhibits to the trial judge.
Page 17 | LCR 0.4 — PRETRIAL NUMBERING OF EXHIBITS
Sealing & Redaction Procedures
Non-Juvenile Services grievances must be filed under seal, with a copy to the Superior Court Administrator, and include the specified information.
Grievances shall be filed, under seal and with a copy to the Superior Court Administrator, and will include the following information:
Page 29 | LGALR 7, II(b)
A party dissatisfied with Juvenile Services’ determination may seek Superior Court review by filing under seal the documents provided to Juvenile Services and its determination.
If the party filing the grievance is not satisfied with the Juvenile Services determination, Superior Court review may be sought by filing, under seal, a copy of all documents provided Juvenile Services regarding the grievance, and a copy of Juvenile Service’s determination.
Page 29 | LGALR 7, II(a)(ii)
The grievance and related filed materials are kept in the sealed portion of the file, and the court maintains a copy as provided in GALR 7(h).
The grievance and materials filed in relation to the grievance will be placed within the sealed portion of the file. The court will maintain a copy as provided in GALR 7(h).
Page 30 | LGALR 7, II(g)
A former rule directed the clerk to seal the defendant’s case history information, whether separately filed or attached; the rule was rescinded effective September 1, 2024.
The clerk of the court shall seal defendant’s case history information obtained from the Judicial Information System whether filed separately or attached to a document as a schedule or exhibit. [Adopted effective September 1, 2002. Rescinded effective September 1, 2024.]
Page 7 | LAR 0.4 — SEALED REPORTS; DEFENDANT’S CASE HISTORY INFORMATION
Pre-Motion Conference Requirements
(1) A settlement conference shall be held in all contested domestic relations cases, including dissolution, legal separation, paternity, minor guardianship, domestic partnership, committed intimate relationships, or modification of any custody order. The settlement conference shall be held with a Court Commissioner or Judge. The requirement for a settlement conference is not satisfied by the parties participating in private mediation. (2) All cases of this nature shall not be set for trial under LCR 40(b) without a settlement conference, except in the following circumstances;
(1) A settlement conference shall be held in all contested domestic relations cases, including dissolution, legal separation, paternity, minor guardianship, domestic partnership, committed intimate relationships, or modification of any custody order. The settlement conference shall be held with a Court Commissioner or Judge. The requirement for a settlement conference is not satisfied by the parties participating in private mediation. (2) All cases of this nature shall not be set for trial under LCR 40(b) without a settlement conference, except in the following circumstances;
Page 26 | LCR 94(f) — Domestic Relations Settlement Conferences
Adjournment & Extension Requirements
An extension must be requested before the seven-day period expires, in writing, and served on the arbitrator and opposing counsel.
extension before the seven-day period has expired, in writing, served on both the arbitrator and opposing counsel;
Page 13
A contested motion to continue an established trial date must be written, give detailed reasons, and be scheduled for hearing before the assigned judge.
All contested motions to continue an established trial date shall be in writing to the court, giving detailed reasons for the request, and scheduled for hearing before the judge assigned to the case.
Page 19 | LCR 40(b) — TRIAL SETTINGS AND CONTINUANCES
An arbitrator may request an extension of the award-filing time ex parte from a Superior Court judge or commissioner, and must notify the parties if an extension is granted.
A request by an arbitrator for an extension of the time for the filing of an award under MAR 6.2 may be presented to a Superior Court judge or commissioner, ex parte. The arbitrator shall give the parties notice of an extension granted.
Page 13 | LMAR 6.2
Chambers Communication Rules
When all local judicial officers are unable to hear a matter, the parties must coordinate with the Court Administrator before setting a hearing.
(a) In those situations where all local judicial officers are unable to hear a matter, the parties must coordinate with the Court Administrator prior to setting a court hearing.
Page 17 | LCR 0.5 — ALL LOCAL JUDICIAL OFFICERS RECUSED
Calendar matters must be confirmed with the Superior Court Clerk by noon of the second day before the hearing; otherwise, the court may decide whether to hear the motion as scheduled.
All matters noted for the calendar shall be confirmed with the Superior Court Clerk by noon of the second day before the motion is to be heard. If the matter is not confirmed, it shall be at the discretion of the court whether the motion is heard on the date noted.
Page 22 | RULE 77(K) — HEARING OF MOTION CALENDAR
For an ex parte motion, notice must be given to the clerk by 11:00 a.m. for the 1:00 p.m. hearing.
All ex parte motions will be heard each day at 1:00p.m. with notice to the clerk by 11:00a.m.
Page 23 | LCR 94(a) FAMILY COURT HEARINGS & MOTIONS
Immediately notify the Court Administrator if a case set for trial is settled, will not be tried, or the jury is waived.
Whenever a case has been set for trial and thereafter is settled or will not be tried for any reason, or if a jury is thereafter waived, notice shall be immediately given to the Court Administrator.
Page 20 | LCR 40.1 — NOTICE TO COURT OF CALENDAR AND JURY TRIAL CHANGES
Parties without a current email address may obtain their own copy of the order from the Court Clerk’s Office.
those parties may obtain their own copy of the order from the Court Clerk’s Office.
Page 16 | LCR 0.3 NOTICE OF WRITTEN COURT ORDERS
Counsel may mail agreed and ex parte orders based on the record to the Court or the Clerk for presentation.
(1) Counsel may present agreed orders and ex parte orders, based upon the record in the file, by use of the United States mail addressed either to the Court or to the Clerk.
Page 21 | LCR 54(f) — JUDGMENTS AND COSTS
Self-represented parties are asked to contact the Court Facilitator for assistance if needed.
If you are not represented by an attorney, please contact the Court Facilitator for assistance if needed.
Page 56 | Child Support