Clark County Superior Court, Washington Document Filing Requirements

CRITICAL

Applies to

New pleading

A party may not re-file a document already in the court record, and new pleadings should identify appropriate references by filing date or pleading name and date.

No party may file, either separately or as an attachment or exhibit, a document already filed as part of the court record. New pleadings should refer to already-filed documents when appropriate, including the date of the referenced filing or the name and date of the referenced pleading to which it was attached.

CRITICALCivil cases

Applies to

Response to statement of arbitrability

A party who disagrees with the Statement of Arbitrability in a case excluded from LCR 40 must file a response.

For cases excluded from LCR 40 (see LCR 40(b)(1) and (2)), any party who disagrees with the Statement of Arbitrability shall serve and file a response to the Statement of Arbitrability.

CRITICAL

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.

CRITICALCivil cases

Applies to

Notice to set for trial

For cases excluded from LCR 40(c), the appealing party must file and serve a Notice to Set for Trial when filing the Request for Trial De Novo.

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

Emergency minor guardianship petition

An Emergency Minor Guardianship Petition filed after a Minor Guardianship Petition concerning the same minor must use the same cause number.

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

CRITICALCivil cases

Applies to

Notice of hearing

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

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.

CRITICAL

Applies to

Notice of settlement

The plaintiff must provide a written notice of settlement when a settlement fully resolves all claims against all parties.

After any settlement that fully resolves all claims against all parties, the plaintiff shall, within five (5) judicial days or before the arbitration hearing, whichever is sooner, file and serve a written notice of settlement.

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

Exhibit index

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.

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.

CRITICAL

Applies to

Certificate of testimony

A certificate of testimony must be presented for the court’s signature.

It is necessary to present a certificate of testimony for the court’s signature.

CRITICAL

Applies to

Attorney summary affidavit

The parties’ attorneys must also submit a summary affidavit setting forth each factor governing reasonableness hearings.

A summary affidavit of the attorneys for the parties setting forth each of the factors governing reasonableness hearings shall also be submitted.

CRITICAL

Applies to

Trial de novo request

When requesting 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 demand a jury under Rule 38(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

(5) Factual Basis. All motions must set forth a factual basis for that relief, supported

(5) Factual Basis. All motions must set forth a factual basis for that relief, supported

CRITICAL

Applies to

Sealed financial source documents

When the specified financial issues are at issue, both parties must file Sealed Financial Source Documents with their pleadings, including the listed financial records.

When child support, spousal support, allocation or payment of a debt, or allocation or payment of professional fees or costs are at issue, both parties shall file and serve with their pleadings Sealed Financial Source Documents (FL All Family 011 – Cover Sheet) which include tax returns for the preceding two years, form W-2s and 1099s for the preceding two years, and paystubs for the past three months.

CRITICAL

Applies to

Subsequent application

A subsequent application alleging different facts must include an affidavit identifying the prior application, when and to which judicial officer it was made, the prior decision, and the claimed new facts; an order may be set aside and sanctions imposed for noncompliance.

(B) Subsequent application, different facts. 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

Declaration in lieu of testimony

For divorce and legal separation cases, the declaration must substantially follow the approved form on the Superior Court website.

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).

CRITICALCivil cases

Applies to

Declaration

Declarations must state specific supporting facts, be based on personal knowledge, and identify the source and factual basis for statements made on information and belief.

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.

CRITICAL

Applies to

Exhibit index

An exhibit index must number exhibits in reference order, describe each exhibit in one sentence, identify its declaration, and provide specified details for electronic communications.

Exhibit Number/Letter declaration. Exhibit Description Provide a one-sentence description of each exhibit. Declaration Reference Identify the declaration in which the exhibit is referenced. include only the portions of the communication directly relevant to the Electronic motion being decided; Communications (texts, identify the date (month/day/year) and time of the communication; and emails) identify the persons participating in the communication.

CRITICAL

Applies to

Registry renewal submission

A person seeking to remain on the Registry must submit an updated contact form and the listed renewal materials.

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.

CRITICAL

Applies to

Proposed order

The moving party shall submit a Proposed Order to Show Cause together with any working copies if represented by counsel. Unrepresented parties are urged and encouraged, but not required to submit a proposed order.

The moving party shall submit a Proposed Order to Show Cause together with any working copies if represented by counsel. Unrepresented parties are urged and encouraged, but not required to submit a proposed order.

CRITICALCivil cases

Applies to

Response to notice to set for trial

An objection or dispute Response to Notice to Set for Trial must be filed on a form prescribed and approved by the court.

(4) Response to Notice to Set for Trial. An attorney or party who objects to a case being set for trial, or who disputes information on the Notice, must file and serve a Response to Notice to Set for Trial, on a form prescribed and approved by the court, within ten (10) days of the date of service of the Notice.

CRITICALCivil cases

Applies to

Child support worksheet

When child support is at issue, both parties must file and serve updated-as-necessary Child Support Worksheets with their pleadings, prepared in accordance with the specified law and standards.

(3) Child Support Worksheets. When child support is at issue, both parties shall file and serve with their pleadings a Child Support Worksheet (WSCSS – Worksheets). Child Support Worksheets shall be updated as necessary. Worksheets shall be prepared in accordance with Chapter 26.19 RCW taking into consideration the standards for determination of child support as published by the Washington State Child Support Commission.

CRITICALCivil cases

Applies to

Motion or petition

A party seeking a hearing must file a properly supported motion or petition; a hearing notice alone is not a motion or petition.

A party seeking a hearing must file a properly supported motion or petition requesting relief from the court. A notice of hearing does not itself constitute a motion or petition.

CRITICALCivil cases

Applies to

Joint status report

The Joint Status Report must address service, joinder, any jury demand and applicable fee, and anticipated trial length.

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

Mandatory pattern form

Mandatory pattern forms must be used when they exist.

Where mandatory pattern forms exist, those forms must be used.

CRITICALCivil cases

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

Notice of intent to withdraw

A CR 71 Notice of Intent to Withdraw must include the represented persons’ names, last known addresses, telephone numbers, and email addresses, unless disclosure would violate the Rules of Professional Conduct.

The Notice of Intent to Withdraw filed pursuant to CR 71 shall include the names, last known addresses and telephone number(s) and email addresses of the person(s) represented by the withdrawing attorney, unless disclosure would violate the Rules of Professional Conduct.

CRITICAL

Applies to

Notice of intent to withdraw

A Notice of Intent to Withdraw must include the represented persons’ names and last known contact information, unless disclosure would violate the Rules of Professional Conduct.

The Notice of Intent to Withdraw filed pursuant to CR 71 shall include the names, last known addresses and telephone number(s) and email addresses of the person(s) represented by the withdrawing attorney, unless disclosure would violate the Rules of Professional Conduct.

CRITICALCivil cases

Applies to

Petition, Response, Joinder, Notice of Intended Relocation, Consent, or Objection

For the specified filings, a party must submit a verified and signed Confidential Information Form containing the listed information unless a current form for that party is already on file; the clerk must reject a filing that requires but lacks the form.

When a party files a Petition, Response, Joinder, Notice of Intended Relocation, Consent, or Objection in an action under Chapter 26 RCW (FL All Family 001) or RCW 11.130.185 through RCW 11.130.260 (GDN M 410), the party must file, to the best of the party’s knowledge, a verified and signed Confidential Information Form that provides both parties’ current residence and mailing addresses, telephone numbers, dates of birth, driver’s license numbers, and the names, addresses, and telephone numbers of the parties’ employers, unless a current Confidential Information Form for that party is already on file. The clerk of the court shall not accept such a filing without a Confidential Information Form when required by this subsection.

CRITICAL

Applies to

Original documentation

Original documentation must be filed with the County Clerk’s Office.

Original documentation shall be filed with the County Clerk’s Office.

CRITICAL

Applies to

Proposed order

The moving party shall submit a Proposed Order to Show Cause together with any working copies if represented by counsel. Unrepresented parties are urged and encouraged, but not required to submit a proposed order. This rule does not apply to motions filed pursuant to State v Blake.

The moving party shall submit a Proposed Order to Show Cause together with any working copies if represented by counsel. Unrepresented parties are urged and encouraged, but not required to submit a proposed order. This rule does not apply to motions filed pursuant to State v Blake.

CRITICAL

Applies to

Documents and pleadings

A self-represented party must certify in writing how documents and pleadings were prepared and acknowledge continuing responsibility for omissions, defects, inaccuracies, and their consequences.

(a) Self-Represented Parties. Any party appearing on his or her own behalf shall certify in writing that all documents and pleadings were prepared personally or with the advice of an attorney authorized to practice before the court and that he or she understands that the court by entering a decree or other order does not relieve the party of the responsibility for any omissions, defects, or inaccuracies in the file or matters presented or any consequences resulting therefrom.

CRITICAL

Applies to

Pleading or other paper

A paper signed by an attorney must include the attorney’s Washington State Bar Association number.

If signed by an attorney, the attorney's Washington State Bar Association number must be set forth.

CRITICAL

Applies to

Emergency minor guardianship petition

An Emergency Minor Guardianship Petition filed after a Minor Guardianship Petition concerning the same minor must be filed under the same cause number.

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

CRITICAL

Applies to

Uncontested matter filing

For an uncontested matter presented ex parte, the required pleadings and substantially compliant Notice must be filed with the Clerk before delivery or mailing.

(A) Notice of Ex Parte Presentation must be provided. The pleadings required by the type of matter (i.e., a motion or petition for specific relief, and/or, approval of a plan, inventory, or report), along with a Notice of Ex Parte Presentation (“Notice”) in which substantially complies with the form prescribed and approved by the court, must be filed with the Clark County Clerk prior to delivery or mailing.

CRITICAL

Applies to

Exhibit index

The exhibit index must identify exhibits in first-reference order, give a one-sentence description of each, and identify the declaration that references each exhibit.

Number or letter exhibits in the order they are first referenced in the declaration. Provide a one-sentence description of each exhibit. Identify the declaration in which the exhibit is referenced.

CRITICAL

Applies to

Arbitrator request for payment

When the award is filed, the arbitrator must submit a request for payment to the Arbitration Coordinator using a court-prescribed and approved form.

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

Judgment on award

Any party may present a judgment on award to the assigned judge on notice in accordance with CAR 6.3.

A judgment on award shall be presented to the “assigned” judge, by any party, on notice in accordance with CAR 6.3.

CRITICAL

Applies to

Written submission

Written submissions must relate to the requested relief and be identified in a supporting declaration explaining their relevance; absent leave, the court will not review materials over the stated limits.

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

Original documentation

Original documentation must be filed with the County Clerk’s Office.

Original documentation shall be filed with the County Clerk’s Office.

CRITICALCivil cases

Applies to

Documents and pleadings

A self-represented party must provide a written certification about who prepared the documents and the party's continued responsibility for omissions, defects, inaccuracies, and their consequences.

Any party appearing on his or her own behalf shall certify in writing that all documents and pleadings were prepared personally or with the advice of an attorney authorized to practice before the court and that he or she understands that the court by entering a decree or other order does not relieve the party of the responsibility for any omissions, defects, or inaccuracies in the file or matters presented or any consequences resulting therefrom.

CRITICALCivil cases

Applies to

Exhibit index

An exhibit index must number or letter exhibits in order of first reference, describe each exhibit in one sentence, and identify the declaration that references it.

Number or letter exhibits in the order they are first referenced in the Exhibit Number/Letter declaration. Exhibit Description Provide a one-sentence description of each exhibit. Declaration Reference Identify the declaration in which the exhibit is referenced.

CRITICAL

Applies to

Notice to set judicial settlement conference

If the parties agree to a judicial settlement conference, they must jointly complete, sign, and file the court-approved Notice to Set form with the Clark County 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

Written order

A reasonableness hearing may not be scheduled on a regular motion docket without the hearing judge’s prior written order.

The hearings shall not be scheduled on a regular motion docket without prior written order of the judge hearing the matter.

CRITICALCivil cases

Applies to

Adult guardianship or conservator petition

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

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

CRITICALCivil cases

Applies to

Working copy

Working copies delivered to the assigned department must identify the hearing date, hearing time, judicial officer, and assigned department in the upper-right corner.

Hard-copies delivered to the assigned department shall identify in the upper right corner: Date of Hearing: Time of Hearing: Judicial Officer Hearing the Matter: Assigned Department

CRITICAL

Applies to

Contempt motion

Must include

proposed order

A contempt motion must use FL All Family 165, specify the alleged acts or omissions and relief sought, comply with factual-basis and written-submission requirements, and include the specified hearing order and notice; the proposed order must be presented for signature before scheduling.

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 to shorten time

A party seeking to proceed on less notice than required 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

Ex parte presentation

The required pleadings and a Notice of Ex Parte Presentation substantially complying with the court-approved form must be filed with the Clark County Clerk before delivery or mailing.

The pleadings required by the type of matter (i.e., a motion or petition for specific relief, and/or, approval of a plan, inventory, or report), along with a Notice of Ex Parte Presentation (“Notice”) in which substantially complies with the form prescribed and approved by the court, must be filed with the Clark County Clerk prior to delivery or mailing.

CRITICALCivil cases

Applies to

Party affidavit

The parties must submit affidavits stating all facts that justify or oppose the proposed settlement.

Affidavits of the parties shall be submitted setting forth all facts justifying the settlement as proposed by the parties or in opposition thereto.