Clallam County Superior Court Document Filing Requirements

CRITICAL

Applies to

Supplement to emancipation petition

Please answer each of the questions fully and attach, as exhibits to the petition, such additional information as is requested, or that you feel would be helpful to the court’s determination of this petition.

Please answer each of the questions fully and attach, as exhibits to the petition, such additional information as is requested, or that you feel would be helpful to the court’s determination of this petition.

CRITICAL

Applies to

Financial request

A party seeking child support, spousal maintenance, expert fees, or attorney fees must file a financial declaration with the request.

If a party is seeking child support, spousal maintenance, expert fees, or attorney fees, a financial declaration must be filed with the request.

CRITICAL

Applies to

Grievance

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.

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;

CRITICAL

Applies to

Emancipation petition

The petition must briefly state the petitioner's future personal goals and how the petitioner plans to achieve them.

1. Provide a brief statement of your personal goals for the future and how you plan to achieve them.

CRITICAL

8. Attached is my proposed division of personal property, showing who should receive each item, and what I believe to be the value of each item. Attached are the documents to support those values (i.e. Blue Book statements, appraisals, etc.) (Note: It is not necessary to list all items of property, but rather only those items over which there is a dispute. Further it is not necessary to document all values under this provision unless a party believes that there is significant dispute as to the value).

8. Attached is my proposed division of personal property, showing who should receive each item, and what I believe to be the value of each item. Attached are the documents to support those values (i.e. Blue Book statements, appraisals, etc.) (Note: It is not necessary to list all items of property, but rather only those items over which there is a dispute. Further it is not necessary to document all values under this provision unless a party believes that there is significant dispute as to the value).

CRITICAL

Applies to

Subsequent application

A subsequent application based on an alleged different state of facts must include an affidavit identifying the prior application, when and to which judge it was made, the resulting order or decision, and the claimed new facts.

(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.

CRITICAL

Applies to

Petition for order of justification

A corporate surety’s petition must include specified power-of-attorney information, its current Washington Certificate of Authority, and resident-agent information and appointment documentation.

(B) Corporations. 1. Power of Attorney. a. Names of the agents authorized to execute bonds on behalf of the surety. b. The maximum dollar amount of any single bond which each agent is authorized to execute. 2. A copy of the current Certificate of Authority issued by the Insurance Commissioner for the state of Washington. 3. Resident corporate agent. a. The name of the resident agent(s) for the corporate surety in the state of Washington authorized to appear and accept service on behalf of the corporate surety. b. A copy of the power of attorney appointing said person(s) as resident agent(s).

CRITICAL

Applies to

Supplement to emancipation petition

If the petitioner has a present employer, the supplement requests the employer’s name, address, and telephone number and a description of the petitioner’s work responsibilities.

1. List the name, address and telephone number of your present employer, if any, and describe your responsibilities at work.

CRITICAL

Applies to

Supplement to emancipation petition

The supplement requests the names, addresses, and telephone numbers of everyone with whom the petitioner has resided during the past three years.

6. List the names, addresses and telephone numbers of the person(s) with whom you have resided for the past three years.

CRITICAL

Applies to

Domestic relations final hearing filing

Each party in a domestic-relations final hearing or trial must file a written pretrial affidavit and personal property form.

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.

CRITICAL

Applies to

Motion for order of indigency and appointment of counsel at public expense

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.

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.

CRITICAL

Applies to

Petition for order of justification

All petitions for an Order of Justification must be verified under oath or certified under penalty of perjury.

(3) All petitions for an Order of Justification shall be verified under oath or certified under penalty of perjury as authorized by RCW 9A.72.085.

CRITICAL

Applies to

Motion and affidavit of prejudice

A party or counsel filing a motion and affidavit of prejudice must comply with RCW 4.12.050.

A party or counsel filing a motion and affidavit of prejudice shall comply with RCW 4.12.050.

CRITICAL

Applies to

Child support statement

Attach the most recent year-to-date pay stub, which must be no more than 60 days old.

6. Attached is my most recent year-to-date pay stub (no later than 60 days old).

CRITICAL

Applies to

Trial de novo request

A written request for a trial de novo must include a note of issue noting the matter for trial setting, although failure to submit it is not grounds for dismissal and the court may impose terms.

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.

CRITICAL

Applies to

Emancipation petition

If an attorney is helping with the emancipation process, the petition must explain how the attorney is being paid.

5. If an attorney is helping you with this process, explain how that attorney is being paid.

CRITICAL

Applies to

Petition for order of justification

A surety’s petition must provide its bond types, current Washington suretyship obligations and bond foreclosures, bond presenters’ names and addresses, and jurisdictions that have authorized or denied its authority to post bail bonds.

(A) All Sureties 1. Types of bonds or an outline of the types of bonds posted by the surety. 2. Current suretyship obligations – a current list of all suretyship obligations to all courts within the geographical limits of Washington State, including the following: a. The name of the court. b. The name of the defendant. c. The amount of the bond. d. The date issued. 3. Current bond foreclosures – a list of the current obligations to the courts in the way of bond forfeitures or other obligations incurred by the surety which have not been paid, or a statement that there are none. 4. Presentation – identity of the names and addresses of all persons who will be delivering or presenting bonds on behalf of the bonding surety. 5. Jurisdictions where surety has previously been authorized to post bail bonds and jurisdictions denying such authorization.

CRITICAL

Applies to

Arbitrator compensation request

When the award is filed, the arbitrator must submit an ex parte compensation request to the presiding court on the court-prescribed form.

When the award is filed, the arbitrator shall submit to the presiding court ex parte a request on a form prescribed by the court.

CRITICAL

Applies to

Petition for order of justification

An individual applicant’s petition must provide the listed identifying, address, and marital information and a verified financial statement; the financial-statement asset list continues beyond this excerpt.

(C) Individuals. 1. The individual name(s) of applicant(s). 2. All fictitious names used by the applicant(s). 3. Resident address of individual applicant(s). 4. Business address of all individual applicant(s). 5. Marital status of applicant(s) and, if applicable, names(s) of spouse(s). 6. Verified financial statement: A. Assets i. Real property:

CRITICAL

Applies to

Order or document requiring clerk action

An order or document filed with the Clerk’s Office that requires clerk action must display “Clerk's Action Required” in the upper-right corner of the first page and be properly marked or identified as requiring action.

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.

CRITICAL

Applies to

Revision motion

The original revision motion, supporting materials, proof of service on all parties, and a bench copy for the assigned judge must be filed with the Superior Court clerk.

(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.

CRITICAL

Applies to

Settlement statement

Each party must file a Settlement Statement for the settlement conference.

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.

CRITICAL

Applies to

Request to change order

Except for orders entered on the ex parte calendar, a request to change an order in a family law or civil matter may not be based on a different judge’s oral ruling.

(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.

CRITICAL

Applies to

Pretrial affidavit

The pretrial affidavit must substantially follow the form in Exhibit C.

The pretrial affidavit shall be substantially in the form set forth in Exhibit C attached to these rules.

CRITICAL

Applies to

Grievance response

The guardian’s written response must address each violation and be provided under penalty of perjury.

The written response will address each violation and will be provided under penalty of perjury.

CRITICAL

Applies to

Settlement conference statement

A Proposed Final Parenting Plan using Family Law Form 140 must be attached to the settlement conference statement.

REQUIRED: Attach a Proposed Final Parenting Plan using Family Law Form 140.

CRITICAL

Attach each retirement account’s marriage-month, separation-month, and most recent statements, showing the account number and balance.

g. Attached are the statements for each account for the month marriage, the month of separation and the most recent month (attach that portion of the statement which shows the account number and balance).

CRITICAL

The filing must attach a current financial declaration or incorporate by reference a financial declaration previously filed with the court.

5. Attached is my current financial declaration or I incorporate the financial declaration filed with the court on _________ by this reference.

CRITICAL

Attach each creditor's monthly statement for the month of separation and the most recent month, including the portion showing the account number and balance.

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).

CRITICAL

Applies to

Revision motion

A motion for revision must be based on written findings, conclusions, and an order entered by the Court Commissioner.

(b) A motion for revision shall be based upon entry of written findings, conclusions and order by the Court Commissioner.

CRITICAL

Applies to

Proposed jury instructions

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.

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.

CRITICAL

Applies to

Motion affidavit and order re indigency and appointment of counsel

The lower court clerk must transmit the indigency motion, affidavit, and order to the Superior Court as part of the review record.

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.

CRITICAL

Applies to

Proposed jury instructions

Cite Washington Pattern Jury Instructions by WPI number; identify modified instructions as “modified” except for alternate WPI wording, and cite the applicable case for case-law-based modifications.

(b) Citations. Washington Pattern Jury Instructions are to be cited. One 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 reference the applicable case.

CRITICAL

Applies to

Petition for order of justification

Petitions for an Order of Justification must be submitted in writing to the Court and provide the required information.

(2) All Petitions for an Order of justification shall be in writing to the Court and shall provide the following information:

CRITICAL

Applies to

Supplement to emancipation petition

The supplement requests the names, addresses, and telephone numbers of previous employers and the dates of employment with each.

2. List the names, addresses and telephone numbers of your previous employers and include the dates during which you were employed by each of these persons or businesses.

CRITICAL

Applies to

Supplement to emancipation petition

The supplement requests the amount of education the petitioner has received and the last grade completed.

1. Explain how much education you have received and what is the last grade you completed in school.

CRITICAL

The disclosure must provide each retirement account’s name, truncated account number, nature, and balances at marriage, separation, and in the most recent statement.

7. The following information relates to each retirement account: a. The name of each account: b. Truncated account number for each account: c. Nature of each account (IRA / 401K / Deferred Compensation / Defined Benefit Plan, etc.) d. Account balance at time of marriage: e. Account balance at time of separation: f. Account balance in most recent statement:

CRITICAL

Applies to

Motion for order of payment of costs at public expense

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.

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.

CRITICAL

Applies to

Supplement to emancipation petition

The supplement requests a description of clubs and activities the petitioner may have participated in during the past two years, whether school-related or not.

3. Describe the clubs and activities you may have been involved in during the past two years, whether these were school related or not.

CRITICAL

Applies to

Supplement to emancipation petition

The supplement requests an explanation of how long the petitioner has lived in Washington State.

4. Explain how long you have lived in Washington State.

CRITICAL

Applies to

Proposed jury instructions

Provide a numbered copy with supporting citations to the Clerk for the court file.

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

CRITICAL

Applies to

Bail bond posting

A person or corporation wishing to post bail bonds in Clallam County Superior Court must first obtain an Order of Justification.

(1) Any person or corporation desiring to post bail bonds in Clallam County Superior Court shall first obtain an Order of Justification.

CRITICAL

Applies to

Relevant court file documents

Each party must furnish the arbitrator copies of court-file pleadings and other documents that party considers relevant.

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

Attach the separation-month and most recent statements for each banking or investment account, showing the account number and balance.

e. Attached are the statements for each account for the month of separation and the most recent month (attach that portion of the statement which shows the account number and balance).

CRITICAL

Applies to

Status report and order

A Status Report and Order will be filed at the conclusion of the status hearing and shall be in the form of Exhibit E.

A Status Report and Order will be filed at the conclusion of the status hearing and shall be in the form of Exhibit E.

CRITICAL

Applies to

Supplement to emancipation petition

The supplement requires a copy of the school transcript to be attached.

2. Attach a copy of school transcript.

CRITICAL

Applies to

Emancipation petition

The petition must describe any pending criminal charges, court hearings, or financial obligations.

3. Describe what criminal charges, if any, may be pending against you at this time, including pending court hearings or financial obligations.

CRITICAL

Applies to

Emancipation petition

The petition must describe how the petitioner intends to meet financial needs after emancipation.

4. Describe how you intend to meet your financial needs if emancipated.

CRITICAL

Applies to

Order of indigency or order of payment of costs at public expense

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.

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.

CRITICAL

The disclosure must provide each banking or investment account’s name, truncated account number, and balances at separation and currently.

6. The following information relates to each banking or investment account: a. The name of each account: b. Truncated account number for each account: c. Account balance at time of separation: d. Account balance currently: