Clallam County Superior Court Filing Timing and Cure Windows

CRITICAL

Deadline

2 court days

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.

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

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;

CRITICAL

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.

CRITICAL

Deadline

7 calendar days

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;

CRITICAL

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.

CRITICAL

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).

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

The guardian’s written response is due within seven days of receipt of the grievance.

That response is due within seven days of receipt.

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

Deadline

3 business days

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.

CRITICAL

Deadline

5 court days

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

7 calendar days

Applies to

Attorney fee motion

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Jury instructions must be provided before jury selection begins.

Jury instructions will be provided prior to the commencement of jury selection.

WARNING

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.

WARNING

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,

WARNING

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.