Clark County Superior Court, Washington Document Filing Requirements

CRITICALCivil cases

Applies to

Immediate restraining order motion

Must include

proposed order

An immediate restraining order motion must use the applicable mandatory form, state the requested relief, comply with the factual-basis and written-submission provisions, and include the applicable proposed order, hearing notice, and any applicable weapons surrender order.

(A) Motion and Proposed Order. A motion for immediate restraining order (ex parte) must use the applicable mandatory form, including FL Divorce 221, FL Parentage 321, FL Modify 621, or GDN M 204, must set forth the relief sought by the applicant, and must comply with the provisions of this rule governing factual basis and written submissions. The motion must be accompanied by a proposed immediate restraining order (ex parte) and hearing notice using the applicable mandatory form, including FL Divorce 222, FL Parentage 322, FL Modify 622, or GDN M 205, together with any applicable proposed weapons surrender order using form WS 001.

CRITICALCivil cases

Applies to

Order approving settlement

Orders approving these settlements must use the form prescribed and approved by the court.

All orders approving settlement of minors or adults subject to guardianship or conservatorship shall be presented using the form prescribed and approved by the court.

CRITICAL

Applies to

Initial registry placement application

Candidates seeking initial Registry placement must complete the Court Administrator’s application and submit the listed materials by the specified deadline.

To be qualified for initial placement on the Registry or any sub-registry a candidate must meet all statutory requirements for the sub-registry(ies) the candidate wishes to be placed on and complete the new application form provided by the Court Administrator. In addition, a candidate must submit the following information to the Court Administrator by the specified deadline: (A) A current resume or curriculum vitae; (B) A signed Code of Conduct; (C) A criminal background check authorization form provided by the Court Administrator; (D) If subject to professional certification or licensure, certification of good standing from each licensing or certification authority; (E) Proof of completion of required state and/or local training courses; (F) Disclosure of any known complaints or grievances filed in any jurisdiction related to court- appointed neutral appointments during the prior five (5) full calendar years.

CRITICAL

Applies to

Agreed order

Unless the rule provides otherwise, agreed orders must be presented directly to the probate/guardianship judge by ex parte presentation, not through the regular ex parte process, and must include a transmittal stating that they meet the rule’s agreed-order requirements.

(3) Agreed Orders to be Presented Directly to Probate/Guardianship Judge. Unless stated otherwise in this Rule, an agreed order shall be submitted via ex parte presentation directly to the probate/guardianship judge and shall not be submitted through the regular ex parte process. The agreed order shall be submitted with a transmittal specifying it meets the requirements of an agreed order under this Rule.

CRITICAL

Applies to

Settlement notice

An email advising the court of a settlement must be immediately followed by formal written notice under CR 41(e).

To advise the court of a settlement (to be immediately followed by formal written notice pursuant to CR 41(e);

CRITICAL

Applies to

Writ of habeas corpus application

Applicants for a child-custody habeas writ must use the court-prescribed and court-approved forms available at the Clerk’s Office, including the specified child information declaration.

Applicants for Writs of Habeas Corpus in Child Custody matters shall use those forms prescribed and approved by the court available at the Clark County Clerk’s Office including the Sealed Source Mission Child Information Declaration.

CRITICAL

Applies to

Order for supplemental investigation

An order for supplemental investigation must be limited to newly arising issues and define the investigation’s scope and recommendation level.

Any order for supplemental investigation shall be limited to newly arising issues and shall define the scope and level of recommendations.

CRITICAL

Applies to

Fcs investigation

Each party must participate in the FCS investigation, follow its scheduling requirements, provide required information and forms, and execute requested releases.

Each party shall participate in the investigation, comply with FCS scheduling requirements, provide required information and forms, and execute requested releases.

CRITICALCivil cases

Applies to

Statement of arbitrability

In cases excluded from LCR 40(c), the party filing the Notice to Set for Trial must file a Statement of Arbitrability contained within that notice.

For cases excluded from LCR 40(c) (see LCR 40(b)(1) and (2)), the party filing the Notice to Set for Trial identified in LCR 40(b)(2), shall file and serve a Statement of Arbitrability as contained within Notice to Set for Trial.

CRITICAL

Applies to

Self represented litigant pleading

Self-represented litigant pleadings must provide the party’s telephone number(s), mailing address, and street address where service may be made; the clerk may reject a pleading that omits this information.

Self-represented litigant pleadings shall be typewritten or neatly printed, shall conform to the format recommendations of CR 10(e), and shall contain the party’s telephone number(s), mailing address and street address where service of process and other papers may be made upon him/her or the same may be rejected for filing by the clerk.

CRITICAL

Applies to

Civil warrant

A person requesting a civil arrest warrant must include the listed identifying information on the warrant if known.

Any person requesting a civil warrant of arrest shall provide the following information, if known, on the face of the warrant: full name, date of birth, social security number, height, weight, race, gender, eye color, hair color, and last known address.

CRITICALCivil cases

Applies to

Trial de novo request

When requesting a trial de novo under MAR 7.1, the parties must file a Notice to Set for Trial or Citation for Scheduling Conference with the request and make a jury demand under subsection (b)(1).

In the event a trial de novo is requested under MAR 7.1, the parties must file a Notice to Set for Trial or a Citation for Scheduling Conference with the request for trial de novo and demand jury pursuant to (b)(1) above.

CRITICALCivil cases

Applies to

Motion for revision

A motion for revision must include a statement identifying the issues and reasons for revision and a list of the materials filed in support of or opposition to the underlying motion, with each item’s name and filing date.

The motion shall include the following: (i) A statement of the issue or issues sought to be revised, which shall include the reasons the moving party is seeking a revision not to exceed two (2) pages in length; (ii) A listing of those materials, papers, and pleadings filed by either party in support of or opposition to the underlying motion. The listing shall include the name of the material, paper, or pleading and the date filed with the Clark County Clerk.

CRITICAL

Applies to

Order to show cause

In the specified supplemental hearings and contempt proceedings, the show cause order must include the prescribed capitalized warning or the moving party is not entitled to a bench warrant.

In supplemental hearings and contempt proceedings under Chapter 6.32 RCW, wherein a show cause order is issued requiring the personal attendance of a party to be examined in open court, the order to show cause must include the following words in capital letters: YOUR FAILURE TO APPEAR AS ABOVE SET FORTH AT THE TIME, DATE AND PLACE THEREOF MAY CAUSE THE COURT TO ISSUE A BENCH WARRANT FOR YOUR APPREHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE MATTER CAN BE HEARD, UNLESS BAIL IS FURNISHED AS PROVIDED IN SAID BENCH WARRANT. If such wording is not included as above required, the moving party shall not be entitled to a bench warrant for the apprehension of such person.

CRITICAL

Applies to

Post conviction relief motion

A motion for post-conviction relief pursuant to CrR 7.8 shall be filed with the Clark County Clerk and served on the Clark County Prosecuting Attorney. The motion shall be accompanied by supporting affidavits and documentation. The motion shall be filed on a form prescribed and approved by the court. This rule does not apply to motions filed pursuant to State v Blake.

A motion for post-conviction relief pursuant to CrR 7.8 shall be filed with the Clark County Clerk and served on the Clark County Prosecuting Attorney. The motion shall be accompanied by supporting affidavits and documentation. The motion shall be filed on a form prescribed and approved by the court. This rule does not apply to motions filed pursuant to State v Blake.

CRITICALCivil cases

Applies to

Pre hearing statement of proof

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

In addition to the requirements of CAR 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.

CRITICALCivil cases

Applies to

Motion to shorten time

Before proceeding on less notice than the rules require, a party must present a motion and affidavit and obtain an order shortening time.

Before taking any action on less notice than that required by this or any other rule, a party must present a motion and affidavit, and must obtain an order to shorten time.

CRITICALCivil cases

Applies to

Proposed contempt order

Must include

proposed order

The proposed contempt order must be presented to the court for signature through an authorized procedure before a hearing is scheduled.

The proposed order shall be presented to the court for signature through the ex parte process or other procedure authorized by the court before a hearing is scheduled.

CRITICAL

Applies to

Property bond

An acceptable property bond must be accompanied by the specified title and valuation documents, signed note and deed of trust, recording-cost payment, and foreclosure-cost covenant.

Requirements for acceptable property bonds in lieu of bail bond or cash: (1) Current title report on Clark County property. (2) Documentation of current assessed value of the property. (3) Documentation of the current status of any encumbrances on the property. (4) A signed form of promissory note in the amount of the bond, plus 10% administrative fees, payable on demand upon forfeiture of the property bond. Any amount of the administrative fee not expended will be refunded. (5) A signed form of deed of trust to Clark County to secure the promissory note to be recorded by County Auditor after the order approving bond is entered, filed with the County Clerk. (6) Tender of cash or certified check to pay the cost to record the note and deed of trust made payable to “Clark County Auditor.” (7) A covenant that, in the event of foreclosure, all costs of foreclosure, sale, improvements needed to make the property marketable, and the county’s attorney fees will come from the proceeds of sale.

CRITICALCivil cases

Applies to

Arbitrator oath

An applicant must complete and file the court-prescribed oath of office before being placed on the arbitrator panel.

The oath of office on the form prescribed and approved by the court must be completed and filed prior to an applicant being placed on the panel.

CRITICAL

Applies to

Property bond

An acceptable property bond requires the specified title and valuation records, signed bond documents, recording-cost payment, foreclosure covenant, and compliance with the priority and equity limits.

(a) Requirements for acceptable property bonds in lieu of bail bond or cash: (1) Current title report on Clark County property. (2) Documentation of current assessed value of the property. (3) Documentation of the current status of any encumbrances on the property. (4) A signed form of promissory note in the amount of the bond, plus 10% administrative fees, payable on demand upon forfeiture of the property bond. Any amount of the administrative fee not expended will be refunded. (5) A signed form of deed of trust to Clark County to secure the promissory note to be recorded by County Auditor after the order approving bond is entered, filed with the County Clerk. (6) Tender of cash or certified check to pay the cost to record the note and deed of trust made payable to “Clark County Auditor.” (7) A covenant that, in the event of foreclosure, all costs of foreclosure, sale, improvements needed to make the property marketable, and the county’s attorney fees will come from the proceeds of sale. (8) The bond must be in first priority on the property, or accompanied by a subordination of any superior encumbrances, OR the property must be free and clear. (9) The bond, plus 10% must not exceed 70% of the owner’s equity based on the Clark County Assessor’s assessed value.

CRITICALCivil cases

Applies to

Emergency adult guardianship or conservator petition

An Emergency Petition filed after an Adult Guardianship or Conservator Petition must be filed under the other Petition's cause number.

If an Emergency Adult Guardianship or Conservator Petition, form GDN E 301, is being filed where an Adult Guardianship or Conservator Petition, GDN C 102, has already been filed, the Emergency Petition shall be filed under the same cause number as the other Petition.

CRITICAL

Applies to

Written objection

A party objecting to an order’s form must provide written objections to the drafting party and identify the language alleged not to reflect the court’s ruling.

Any party objecting to the form of order must provide written objections to the drafting party. Objections must identify the language that allegedly does not reflect the court’s ruling.

CRITICAL

Applies to

Notice of hearing

If the judicial officer determines that a hearing is required, the moving party must file a Notice of Hearing and provide the required notice when directed.

The judicial officer will determine whether a hearing is required and if so, will direct the moving party to file a Notice of Hearing and provide the required notice.

CRITICALCivil cases

Applies to

Motion to shorten time

A party seeking ex parte relief without notifying the other parties must include a written certification explaining why good cause exists to omit notice.

If a party is presenting the motion to shorten time ex parte without providing notice to other parties, the filing party must include a written certification for why good cause exists for not providing notice of the request to other appearing parties.

CRITICAL

Applies to

Proposed order

A non-drafting party may not submit a separate proposed order unless the court authorizes it.

A separate proposed order may not be submitted by the non-drafting party unless authorized by the court.

CRITICAL

Applies to

Ex parte submission

If the requirements are met and no objection has been filed, the moving party must submit a copy of the Notice and an original order to the probate/guardianship judge for ex parte presentation.

(D) No Objection Filed. If the above requirements have been met, and an objection has not been filed, the moving party shall submit a copy of the Notice, along with an original order, to the probate/guardianship judge for ex parte presentation.

CRITICALCivil cases

Applies to

Proposed order

A proposed order filed with the Clark County Clerk must have “proposed” in both its caption and footer; unlabeled proposed orders may be rejected, and the only unlabeled orders accepted are those executed by a judicial officer.

Proposed orders shall be labeled accordingly in both the caption and the footer with the word “proposed”. Only those proposed orders so labeled will be accepted for filing; the Clark County Clerk is authorized to reject any proposed orders that are not labeled accordingly. The only orders not labeled “proposed” that will be accepted for filing are those that have been executed by a judicial officer.

CRITICAL

Applies to

Alternate consequence request

An alternate-consequence request must clearly state its basis and the alternate consequence requested.

The request shall clearly state the basis for the request and the alternate consequence requested.

CRITICALCivil cases

Applies to

Immediate restraining order motion

An immediate restraining order motion must be supported by sworn-declaration facts showing that immediate and irreparable harm will occur before the adverse party can be heard.

(B) Required Showing. The motion shall be supported by specific facts shown by sworn declaration demonstrating that immediate and irreparable injury, loss, or damage will result before the adverse party can be heard in opposition.

CRITICALCivil cases

Applies to

Notice to set for trial

For the listed case types, unless another rule or court order provides otherwise, an attorney or party seeking to place the case on the trial readiness calendar must file a Notice to Set for Trial on the court-approved form.

(2) With respect to the following types of cases, unless otherwise provided in these rules or ordered by the court, an attorney or party desiring to place a case on the trial readiness calendar shall file a Notice to Set for Trial on a form prescribed and approved by the court.

CRITICAL

Applies to

Ex parte submission

An ex parte submission must include the Motion, Complaint, and any other pleadings demonstrating the plaintiff is entitled to the requested relief.

The ex parte submission shall include the Motion, Complaint and any other pleadings demonstrating plaintiff is entitled to the relief request.

CRITICAL

Applies to

Readiness hearing counsel affirmation

At a readiness hearing, counsel may rely on the stated exception to the defendant’s appearance requirement only by affirming the defendant’s choice to appear through counsel and counsel’s recent-contact determination about trial readiness or an approved continuance motion.

(E) Readiness hearings, unless the defendant’s counsel affirms, in writing or in open court (i) that the defendant has expressly chosen to appear through counsel, as allowed by CrR 3.4(a), and (ii) that counsel has affirmatively determined, through recent contact with the defendant, that the matter is ready to proceed to trial as scheduled or that a written motion for continuance approved by the defendant has been filed.

CRITICALCivil cases

Applies to

Self represented pleading

Self-represented litigant pleadings must include the party’s telephone number(s), mailing address, and street address for service or may be rejected for filing.

Self-represented litigant pleadings shall be typewritten or neatly printed, shall conform to the format recommendations of CR 10(e), and shall contain the party’s telephone number(s), mailing address and street address where service of process and other papers may be made upon him/her or the same may be rejected for filing by the clerk.

CRITICALCivil cases

Applies to

Declaration in lieu of testimony

A declaration in lieu of testimony may be used only in the specified cases; applicable waiting periods, form requirements, filing permissions, and certification requirements apply.

(1) Declaration Accepted. A declaration in lieu of testimony will be accepted in cases in which parties have stipulated to entry or in default cases in which the relief requested is the same as the relief requested in the Petition for Divorce, Petition for Legal Separation, Petition to Invalidate (Annul) Marriage, or Petition to Invalidate (Annul) Registered Domestic Partnership. For cases with a waiting period after filing, the declaration in lieu of testimony must be made after the expiration of the ninety (90) day period. For divorce and legal separation cases, the declaration must be in substantially the same form as the Declaration in Support of Entry of Final Divorce Order or Legal Separation Order (approved form on the Superior Court website). The declaration may be filed by either or both parties and must include the certification of party or attorney of record.

CRITICAL

Applies to

Property damage estimate notice

A party offering a property-damage estimate must send the adverse party, with the notice, a statement about whether and to what extent repairs were made and a copy of the receipted repair bill.

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

CRITICAL

Applies to

Pleadings and relevant court file documents

Each party must furnish the arbitrator copies of relevant pleadings and other documents from the court file, while the court file remains with the County Clerk.

In addition to the requirements of CAR 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. The court file shall remain with the County Clerk.

CRITICAL

Applies to

Complaint

A complaint must be written, submitted to the Court Administrator, and include the filer’s signature, name, mailing address, email address, and phone number.

Complaints must be in writing and submitted to the Court Administrator. All complaints must bear the signature, name, mailing address, email address, and phone number of the person filing the complaint.

CRITICALCivil cases

Applies to

Temporary family law order motion

A motion for a temporary family law order must use form FL Divorce 223, state the requested relief, be filed only in a pending action, comply with the rule’s factual-basis and written-submission provisions, and be set for hearing using form FL All Family 185.

(1) Temporary Family Law Order. A motion for temporary family law order using form FL Divorce 223 shall set forth the relief sought by the applicant, must be filed only in a pending action, and must comply with the provisions of this rule governing factual basis and written submissions. The motion shall be set for hearing using form FL All Family 185.

CRITICAL

Applies to

Proposed order

A proposed order filed with the Clark County Clerk must say “proposed” in both its caption and footer; unlabeled proposed orders may be rejected, and only orders executed by a judicial officer may be accepted without that label.

(A) Form of Proposed Order(s) that may be Filed with the Clark County Clerk. Proposed orders shall be labeled accordingly in both the caption and the footer with the word “proposed”. Only those proposed orders so labeled will be accepted for filing; the Clark County Clerk is authorized to reject any proposed orders that are not labeled accordingly. The only orders not labeled “proposed” that will be accepted for filing are those that have been executed by a judicial officer. Proposed orders filed with the Clark County Clerk are not subject to being signed by a judicial officer.

CRITICAL

Applies to

Notice to set for trial

For a case filed before January 1, 2017, an attorney or party seeking placement on the trial readiness calendar must file a court-prescribed and court-approved Notice to Set for Trial form.

(1) LCR 40(c) shall apply to cases filed on or after January 1, 2017. With respect to any case filed prior to that date, an attorney or party desiring to place a case on the trial readiness calendar shall file a Notice to Set for Trial on a form prescribed and approved by the court.

CRITICAL

Applies to

Notice to set judicial settlement conference

When the parties agree to a judicial settlement conference, they must jointly complete, sign, and file the prescribed Notice to Set form with the Clerk.

If there is agreement, all parties shall jointly complete, sign, and file with the Clark County Clerk a Notice to Set a Judicial Settlement Conference using the form prescribed and approved by the court.

CRITICAL

Applies to

Order of appointment

A court-appointed neutral may not be paid without an appointment order, and each order must specify the maximum approved rate and hours.

No court-appointed neutral shall be paid for any service or cost without an order of appointment. Each order of appointment shall specify the maximum rate and hours approved.

CRITICAL

Applies to

Declaration in lieu of testimony

Either or both parties may file the declaration, and it must include certification by a party or the attorney of record.

The declaration may be filed by either or both parties and must include the certification of party or attorney of record.

CRITICAL

Applies to

Written stipulation

At or prior to the time set for omnibus hearing, the parties may file a written stipulation to the effect that all discovery requested by the other party has been supplied or will be provided not later than 10 (ten) days prior to trial and indicate thereon whether or not there are statements of the defendant which require a pre-trial hearing under CrR 3.5 and/or evidence which may require a pre-trial suppression hearing. The written stipulation will be accepted by the court provided it is signed by the Prosecuting Attorney, defense counsel and the defendant.

At or prior to the time set for omnibus hearing, the parties may file a written stipulation to the effect that all discovery requested by the other party has been supplied or will be provided not later than 10 (ten) days prior to trial and indicate thereon whether or not there are statements of the defendant which require a pre-trial hearing under CrR 3.5 and/or evidence which may require a pre-trial suppression hearing. The written stipulation will be accepted by the court provided it is signed by the Prosecuting Attorney, defense counsel and the defendant.

CRITICAL

Applies to

Temporary family law order motion

A temporary family law order motion must use FL Divorce 223, state the relief sought, be filed in a pending action, comply with the factual-basis and written-submission requirements, and be set for hearing using FL All Family 185.

A motion for temporary family law order using form FL Divorce 223 shall set forth the relief sought by the applicant, must be filed only in a pending action, and must comply with the provisions of this rule governing factual basis and written submissions. The motion shall be set for hearing using form FL All Family 185.

CRITICAL

Applies to

Appellate record

Appellate counsel—or the appellant if no counsel is retained or appointed in Superior Court—is responsible for perfecting the record and obtaining the necessary media or verbatim report of proceedings.

Appellate counsel, or appellant, if there is no counsel retained or appointed in Superior Court, shall be responsible for perfecting the record and obtaining the necessary media and/or verbatim report of proceedings.

CRITICAL

Applies to

Written submission

Written submissions must relate to the requested relief, be identified with their relevance in a supporting declaration, and comply with the stated limits; without leave of court, excess materials will not be reviewed.

(i) Written submissions must relate to the request for relief, must be referenced in a supporting declaration identifying the materials and their relevance, and must comply with the limits below. Absent leave of court, the court will not review materials exceeding those limits.

CRITICALCivil cases

Applies to

Show cause order

An order to show cause must warn the responding party that failure to appear could result in an arrest warrant.

Warnings; Failure to Appear. The Order to Show Cause shall contain language warning the responding party that failure to appear could result in a warrant for arrest.

CRITICAL

Applies to

Minor guardianship petition

A Minor Guardianship Petition filed after an Emergency Minor Guardianship Petition concerning the same minor must use the same cause number.

If a Minor Guardianship Petition, form GDN M 102, is being filed regarding a Minor for which an Emergency Minor Guardianship Petition, form GDN M 202, has already been filed, that Minor Guardianship Petition shall be filed under the same cause number as the Emergency Minor Guardianship Petition.