Clallam County Superior Court Service and Proof of Service Rules

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Notice

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.

CRITICAL

Applies to

Emancipation petition and blank response

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).

CRITICAL

Applies to

Response to motion for fees

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;

CRITICAL

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;

CRITICAL

Applies to

Motion for reconsideration and supporting documents

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.

CRITICAL

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).

CRITICAL

Applies to

Statement of arbitrability

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.

CRITICAL

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).

CRITICAL

Applies to

Response

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.

CRITICAL

Applies to

Special award

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.

CRITICAL

Applies to

Proposed jury instructions

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

CRITICAL

Applies to

Settlement statement

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.

CRITICAL

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).

CRITICAL

Applies to

Proposed jury instructions

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

CRITICAL

Applies to

Attorney fee motion

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.

CRITICAL

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.

CRITICAL

Deadline

5 court days

Applies to

Supporting pleadings

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).

CRITICAL

Applies to

Motion and affidavit of prejudice

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.

CRITICAL

Applies to

Arbitrator decision

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;

CRITICAL

Deadline

2 court days

Applies to

Responsive pleadings

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.

CRITICAL

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.

WARNING

Service

Mail to all parties

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,

WARNING

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.

WARNING

Applies to

Jury demand

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.