Clark County Superior Court, Washington Document Filing Requirements

CRITICALCivil cases

Applies to

Exhibit index

Exhibit-index instructions for text and email communications require including only relevant portions and identifying the communication’s date, time, and participants.

Electronic Communications (texts, emails) • include only the portions of the communication directly relevant to the motion being decided; • identify the date (month/day/year) and time of the communication; and • identify the persons participating in the communication.

CRITICALCivil cases

Applies to

Registry renewal submission

A person seeking to remain on a Registry must complete the updated contact form and annually submit the listed renewal information.

Any person who is currently on a Registry and who desires to remain on a Registry must complete an updated contact information form provided by the Court Administrator, and must submit all the following information to the Court Administrator annually, no later than February 28: (A) A updated resume or curriculum vitae; (B) A criminal background check authorization form provided by the Court Administrator; (C) If subject to professional certification or licensure, certification of good standing from each licensing or certification authority; (D) Disclosure of any known complaints or grievances filed in any jurisdiction related to court-appointed neutral appointments during the prior calendar year.

CRITICALCivil cases

Applies to

Arbitrator information sheet

A person seeking to serve as an arbitrator must complete an information sheet.

A person desiring to serve as an arbitrator shall complete an information sheet on the form prescribed and approved by the court.

CRITICALCivil cases

Applies to

Professional assessment report

Professional reports and declarations do not count toward written submission limits, but must be authenticated and filed separately, under seal if required.

Declarations, affidavits, and reports from professional evaluators, mental health providers, treatment providers, supervised visitation providers, appraisers, and realtors, do not count toward written submission limits but must be properly authenticated and filed as separate documents, under seal if required.

CRITICAL

Applies to

Motion

A party’s motion to appoint Family Court Services must be supported by a declaration establishing a dispute affecting the welfare of a minor child.

A motion shall be supported by declaration establishing such dispute.

CRITICAL

Applies to

Exhibits

Filed exhibits are not evidence unless the trial judge orders otherwise after notice and hearing.

Exhibits filed pursuant to subsection (A) hereof shall not be evidence in the cause unless by order of the trial judge entered on notice and hearing.

CRITICAL

Applies to

Declaration

Declarations of parties or witnesses attached as exhibits count toward the applicable declaration limits and may not be submitted as exhibits to evade those limits.

(ii) Declaration limits apply per party and in total across all written submissions. A party may not exceed the limit through reply materials. Declarations of parties or witnesses attached as exhibits count toward applicable declaration limits and may not be submitted as exhibits to evade those limits.

CRITICAL

Applies to

Immediate restraining order motion

Must include

proposed order

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

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.

CRITICAL

Applies to

Order to show cause

In the specified contempt proceedings, the Order to Show Cause must warn that failure to appear could result in a warrant for arrest.

The following shall apply to indirect, remedial or civil contempt proceedings brought under RCW 7.21.030 or similar statutes: (a) 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.

CRITICALCivil cases

Applies to

Exhibit submission

An exhibit index must precede materials covered by this rule, including exhibits exceeding 20 pages attached to declarations; minor index formatting defects are not grounds to strike otherwise properly filed materials.

A party submitting exhibits that exceed twenty (20) pages attached to declarations, Sealed Financial Source Documents, Sealed Personal Health Care Records, Sealed Confidential Reports, or other documents must include an exhibit index as the first page preceding the materials indexed. Minor formatting defects in the exhibit index shall not be grounds to strike materials otherwise properly filed.

CRITICALCivil cases

Applies to

Subsequent application

A subsequent application based on different facts must include an affidavit identifying the prior application, when and to whom it was made, the prior decision, and the claimed new facts; noncompliance may result in the order being set aside and sanctions.

If a subsequent application is made upon an alleged different state of facts, the same must be shown by affidavit what application was made, when and to what judicial officer, what order or decision was made on it and what new facts are claimed to be shown; for failure to comply with this requirement, any order made upon subsequent application may be set aside and sanctions imposed.

CRITICAL

Applies to

Motion

A request for additional hours must be made in advance by written motion with a declaration stating the hours requested and the reasons.

Additional hours may only be approved upon written motion accompanied by a supporting declaration setting forth the hours requested and the reason(s) for the request, presented in advance of additional hours.

CRITICAL

Applies to

Motion to shorten time

A motion to shorten time may be presented ex parte with written certification that appearing parties received notice; without notice, the filing party must certify in writing why good cause supports not providing it.

The documents may be presented ex parte to the assigned department if the motion contains a written certification that the other parties appearing in the action were provided notice of the request for order shortening time. 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

Order of appointment

Appointment must be made through a court-approved order published on the court’s website that identifies the issues and recommendation tier.

Appointment shall be made by entry of a court-approved Order Appointing Family Court Services as a Parenting Evaluator/Investigator published on the court’s website. The order identifies the issues to be investigated and the level of recommendations (“Tier”) to be provided, including detailed (specific parenting plan recommendations), general (non-specific recommendation), or fact-only (factual findings only) reports.

CRITICAL

Applies to

Criminal motion

All criminal motions must be timely noted for hearing using the court-prescribed and approved Notice of Hearing.

All criminal motions shall be timely noted for hearing use the Notice of Hearing prescribed and approved by the court.

CRITICAL

Applies to

Document filed after entire court file is sealed

A document filed after the entire court file is sealed must include a special caption, such as “Sealed File,” directly below the case number on its first page.

Any document filed with the clerk after the entire court file has been sealed shall include a special caption directly below the case number on the first page such as “Sealed File”.

CRITICALCivil cases

Applies to

Order for presentation

When presenting a proposed order to the judicial officer, the party or attorney must provide an order whose caption and footer do not contain the word “proposed.”

At the time of presentation of a proposed order, the party or attorney must provide an order for presentation to the judicial officer that shall not contain the word “proposed” in the order caption or footer.

CRITICAL

Applies to

Motion

A fee-approval motion must include a declaration detailing total time spent and be presented to the assigned judicial officer after notice to all parties.

A written motion accompanied by a supporting declaration setting forth a detail of total time spent shall be presented after notice to all parties to the assigned judicial officer.

CRITICAL

Applies to

Notice to set for trial

In cases excluded from LCR 40(c), the appealing party must file and serve a Notice to Set for Trial pursuant to LCR 40(b).

For cases excluded from LCR 40(c) (see LCR 40(b)(1) and (2)), at the time of filing the Request for Trial De Novo, the appealing party shall file and serve on the other party or parties a Notice to Set for Trial pursuant to LCR 40(b).

CRITICAL

Applies to

Notice to set for trial

If the court removes a continued case from the trial calendar, it may be re-calendared only by filing a new Notice to Set for Trial.

Continued cases may be removed from the trial calendar at the discretion of the court and, if removed, will be re- calendared only upon filing a new Notice to Set for Trial.

CRITICAL

Applies to

Order requiring appearance

An appearance order must specify the appearance date, time, and manner, including whether it is in person or remote, and—unless otherwise ordered—must be set for hearing at least five court days beforehand.

The order shall specify the date, time, and manner of appearance, including whether the appearance must be in person or may occur remotely. Unless otherwise ordered, the order shall be set for hearing not less than five (5) court days before the hearing.

CRITICALCivil cases

Applies to

Statement of arbitrability

To transfer a case subject to LCR 40(c) to arbitration, a party must file a Statement of Arbitrability.

For all cases subject to LCR 40(c), in order to transfer a case to arbitration a party shall file and serve a Statement of Arbitrability in a form prescribed and approved by the court and pay the required arbitration fee at least ten (10) court days before the Scheduling Conference (LCR 40(c)(4)).

CRITICAL

Applies to

Modification proceeding

A proceeding to modify a final order under Title 26 RCW must be commenced by summons and petition.

Proceedings seeking modification of a final order, as allowed under Title 26 RCW, shall be commenced by summons and petition.

CRITICALCivil cases

Applies to

Agreed order

Unless the Rule provides otherwise, an agreed order must be submitted directly to the probate/guardianship judge by ex parte presentation, not through the regular ex parte process, and must include a transmittal specifying that it meets the Rule's agreed-order requirements.

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

Case assignment notice

For cases subject to LCR 40(c), the appealing party must file a Case Assignment Notice in a court-prescribed and approved form.

For cases subject to LCR 40(c), the appealing party shall file and serve a Case Assignment Notice in a form prescribed and approved by the court (see LCR 40(c)(1)).

CRITICALCivil cases

Applies to

Case assignment notice

Except as otherwise provided in these rules or ordered by the court, when an initial pleading in a case not specifically listed in LCR 40(b)(2) is filed and a new civil case file is opened and assigned to a judicial department by the Clerk, the filing party or the filing party’s attorney shall simultaneously prepare and file a Notice Assigning Case to Judicial Department and Setting Scheduling Conference Date (referred to hereinafter as Case Assignment Notice) in a form prescribed and approved by the court.

Except as otherwise provided in these rules or ordered by the court, when an initial pleading in a case not specifically listed in LCR 40(b)(2) is filed and a new civil case file is opened and assigned to a judicial department by the Clerk, the filing party or the filing party’s attorney shall simultaneously prepare and file a Notice Assigning Case to Judicial Department and Setting Scheduling Conference Date (referred to hereinafter as Case Assignment Notice) in a form prescribed and approved by the court.

CRITICAL

Applies to

Motion documents

All motion documents filed by the moving party must include a citation noting the motion.

The moving party shall file and serve upon all parties and the court (see section (f) below) all motion documents, including a citation noting the motion, no later than ten (10) court days before the time specified for the hearing.

CRITICAL

Applies to

Other relief motion

In proceedings under Titles 26 and 11.130 RCW, an other-relief motion must use FL All Family 181 only when no applicable mandatory pattern form exists, state the relief sought, comply with factual-basis and written-submission requirements, and be set for hearing using FL All Family 185.

In proceedings under Titles 26 and 11.130 RCW, a motion for other relief using form FL All Family 181 shall be used only if no applicable mandatory pattern motion form applies to the relief sought, shall set forth the relief sought by the applicant, must comply with the provisions of this rule governing factual basis and written submissions, and shall be set for hearing using form FL All Family 185.

CRITICAL

Applies to

Order to show cause

Notice of a show cause hearing must be provided by an Order to Show Cause.

Notice of the show cause hearing must be by an Order to Show Cause

CRITICAL

Applies to

Notice of hearing for judicial settlement conference

If the parties do not agree to a judicial settlement conference, the requester must complete, sign, and file the court-approved Notice of Hearing form with the Clark County Clerk.

If there is no agreement, the person requesting a judicial settlement conference shall complete, sign, and file with the Clark County Clerk a Notice of Hearing for a Judicial Settlement Conference using the form prescribed and approved by the court.

CRITICALCivil cases

Applies to

Written submission

Written submissions must relate to the requested relief, be identified and explained in a supporting declaration, and stay within the stated limits unless the court grants leave.

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.

CRITICAL

Applies to

Notice to set for trial

For the listed case types, including RALJ Title 7 appeals, an attorney or party seeking placement on the trial readiness calendar must file a court-prescribed and court-approved Notice to Set for Trial unless the rules provide otherwise or the court orders otherwise.

(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. (A) RALJ Title 7, appeal from a court of limited jurisdiction;

CRITICAL

Applies to

Declaration

The maximum number of submissions is one party declaration supporting or opposing the petition, three non-party witness declarations supporting or opposing the petition, and one moving-party reply declaration; professional assessments, reports, and evaluations have no submission limit.

Document Max # of Max # of Pages Submissions Declaration of a party in 1 6 support of or opposition to Petition (this may be in addition to the Petition or a part of the Petition) Declaration of non-party 3 3 witness in support of or opposition to Petition Reply Declaration of moving 1 3 party Professional Assessments, No limit No limit Reports, and Evaluations (see subsection (D) below)

CRITICAL

Applies to

Minor guardianship petition

A Minor Guardianship Petition filed after an Emergency Minor Guardianship Petition concerning the same minor must be filed under 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.

CRITICAL

Applies to

Bail reconsideration motion

After arraignment, bail reconsideration requires a proper written motion before the assigned judge and the judge’s permission to hear it.

Thereafter, bail may be reconsidered only by proper written motion before the assigned judge, with timely notice to the Prosecuting Attorney, and only upon granting of permission by the assigned judge to hear such matter.

CRITICAL

Applies to

Joint status report

The Joint Status Report must include confirmations of service and joinder, confirmation of a jury demand and accompanying fee if applicable, and the anticipated trial length.

At least ten (10) court days prior to the Scheduling Conference, the parties shall file a Joint Status Report in a form substantially as approved by the court. The Joint Status Report shall include: (i) confirmation of service on all parties; (ii) confirmation of joinder of all parties, claims, and defenses; (iii) confirmation of filing a jury demand with accompanying fee, if applicable; (iv) verification of the anticipated length of trial.

CRITICAL

Applies to

Motion to amend case scheduling order

Must include

proposed order

A motion to amend the Case Scheduling Order must include a proposed Amended Case Scheduling Order.

Any such motion shall include a proposed Amended Case Scheduling Order.

CRITICALCivil cases

Applies to

Contempt motion

A contempt motion must use form FL All Family 165, identify each alleged contemptuous act or omission and requested relief, comply with the factual-basis and written-submission provisions, and include the specified hearing order and notice.

(2) Contempt. A motion for contempt hearing using form FL All Family 165 shall set forth each act or omission alleged to constitute contempt, all contempt relief sought by the applicant, and must comply with the provisions of this rule governing factual basis and written submissions. The motion shall be accompanied by an order to go to court for contempt hearing and hearing notice using form FL All Family 166 setting the matter for hearing. 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

Motion

Every motion must state its factual basis and be supported by a simultaneously filed sworn declaration containing specific facts based on personal knowledge; information-and-belief statements must identify their source and factual basis.

All motions must set forth a factual basis for that relief, supported by a sworn declaration filed at the same time as the motion. Declarations must state the specific facts supporting the requested relief and comply with the provisions of this rule governing written submissions. Declarations must be based on the declarant’s personal knowledge. Statements made on information and belief must identify the source of the information and the factual basis for the belief. The court may decline to consider, strike, or continue a motion that does not comply with this subsection.

CRITICALCivil cases

Applies to

Arbitrator request for payment

When the award is filed, the arbitrator must submit a payment request to the Arbitration Coordinator.

When the award is filed, the arbitrator shall submit to the Arbitration Coordinator a request for payment on a form prescribed and approved by the court.

CRITICAL

Applies to

Notice of document

The documents listed below, if relevant, are presumed admissible at an arbitration hearing, but only if (1) the party offering the document serves on all parties a notice, accompanied by a copy of the document and the name, address and telephone number of its author or maker, at least 14 days prior to the hearing in accordance with CAR 5.2; and (2) the party offering the document similarly furnishes all other parties with copies of all other related documents from the same author or maker.

The documents listed below, if relevant, are presumed admissible at an arbitration hearing, but only if (1) the party offering the document serves on all parties a notice, accompanied by a copy of the document and the name, address and telephone number of its author or maker, at least 14 days prior to the hearing in accordance with CAR 5.2; and (2) the party offering the document similarly furnishes all other parties with copies of all other related documents from the same author or maker.

CRITICAL

Applies to

Motion for revision

A motion for revision must state the issues and reasons for revision and list the underlying motion materials, including 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

Ex parte submission

If the requirements are met but an objection has been filed, the moving party must submit a copy of the objection, the Notice, and an original order to the probate/guardianship judge.

(E) Objection Filed. If the above requirements have been met, except that an objection has been filed, the moving party shall submit a copy of the objection, along with the Notice and an original order, to the probate/guardianship judge.

CRITICAL

Applies to

Formal written settlement notice

Email advice to the court of a settlement must be immediately followed by formal written notice pursuant to CR 41(e).

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

CRITICALCivil cases

Applies to

Modification proceeding

A proceeding to modify a final order under Title 26 RCW must be commenced by summons and petition, using mandatory pattern forms where they exist.

Proceedings seeking modification of a final order, as allowed under Title 26 RCW, shall be commenced by summons and petition. Where mandatory pattern forms exist, those forms must be used.

CRITICALCivil cases

Applies to

Show cause order

Covered show-cause orders must include the specified capitalized warning; without it, 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

Immediate restraining order motion

An immediate restraining order motion must include a sworn declaration showing specific facts that immediate and irreparable harm will occur before the opposing party can be heard.

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.

CRITICAL

Applies to

Continuance request

A continuance request must include the client’s or self-represented party’s written acknowledgment on the pleadings and an affidavit stating the particulars necessitating the continuance.

No request for continuance will be considered without the written acknowledgement of the client or party (if self-represented) on the pleadings and an affidavit giving the particulars necessitating a continuance in accordance with CR 40(d) and (e).

CRITICALCivil cases

Applies to

Exhibit index

An exhibit index must precede the materials when exhibits attached to the listed materials exceed 20 total pages; minor index formatting defects are not grounds to strike otherwise properly filed materials.

A party submitting exhibits that exceed twenty (20) pages total attached to declarations, Sealed Financial Source Documents, Sealed Personal Health Care Records, Sealed Confidential Reports, or other documents must include an exhibit index as the first page preceding the materials indexed. Minor formatting defects in the exhibit index shall not be grounds to strike materials otherwise properly filed.