Clark County Superior Court, Washington Document Filing Requirements

CRITICALCivil cases

Applies to

Pleading motion or other paper

All pleadings, motions and other papers to be filed with the clerk shall be dated by the person preparing the same. The names of all persons signing a pleading or other paper should be typed under the signature. If signed by an attorney, the attorney's Washington State Bar Association number must be set forth.

All pleadings, motions and other papers to be filed with the clerk shall be dated by the person preparing the same. The names of all persons signing a pleading or other paper should be typed under the signature. If signed by an attorney, the attorney's Washington State Bar Association number must be set forth.

CRITICAL

Applies to

Notice of hearing

A party seeking a hearing must file a properly supported motion or petition, and the hearing notice must identify that filed motion or petition and be filed with it or afterward.

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. A hearing will not be scheduled unless the notice identifies the specific filed motion or petition to be heard and is filed together with, or after, that motion or petition. A notice filed without a corresponding motion or petition does not place any matter before the court and may be declined for scheduling or stricken.

CRITICAL

Applies to

Pleading motion or other paper

The person preparing a pleading, motion, or other paper filed with the clerk must date it.

All pleadings, motions and other papers to be filed with the clerk shall be dated by the person preparing the same.

CRITICAL

Applies to

Statement of arbitrability

In the specified cases excluded from LCR 40(c), the party filing the Notice to Set for Trial must file and serve the 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.

CRITICALCivil cases

Applies to

Notice of settlement

After a full settlement, the plaintiff must file and serve written notice with both the arbitrator and the court by the sooner of five judicial days or the arbitration hearing.

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. The notice shall be filed with both the arbitrator and the court.

CRITICALCivil cases

Applies to

Case assignment notice

For cases subject to LCR 40(c), the appealing party must file and serve a Case Assignment Notice.

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)).

CRITICAL

Applies to

Party affidavit

The parties must submit affidavits stating all facts supporting or opposing 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.

CRITICALCivil cases

Applies to

Notice

The notice served with a listed document must include a copy of the document and the author or maker's name, address, and telephone number, and related documents from the same author or maker must also be furnished to all other parties.

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

Oral argument request

A party requesting oral argument must state the basis for the request in writing.

Any party requesting oral argument shall set forth the basis for the request in writing.

CRITICAL

Applies to

Motion

A CrR 7.8 motion must be accompanied by supporting affidavits and documentation.

The motion shall be accompanied by supporting affidavits and documentation.

CRITICALCivil cases

Applies to

Sealed financial source documents

When the listed financial issues are at issue, both parties must file and serve the specified sealed financial source documents with their pleadings; the court may require additional income-verification documentation.

(2) Sealed Financial Source Documents. 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. Other documentation may be required by the court to verify income and deductions.

CRITICALCivil cases

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

An item stricken from the docket must be re-noted before it can be heard.

Any item so stricken must be re- noted in order to be heard.

CRITICAL

Applies to

Notice of hearing

For a self-represented District Court defendant’s appeal, the clerk must notify the appellant of the court date and obligation to appear for appointment of counsel and a scheduling order, and warn that failure to appear may result in dismissal.

If the defendant appears self-represented in District Court, the Superior Court Clerk, upon receiving notice of appeal, shall docket the matter before the assigned Superior Court judge, and shall notify the appellant and the appropriate respondent of the court date, and of the obligation to appear at the hearing before the assigned Superior Court judge for appointment of counsel and entry of a scheduling order. The notice to the appellant shall further advise that failure to appear at the hearing may result in dismissal of the appeal.

CRITICALCivil cases

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.

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

Ex parte submission

An ex parte submission must include the Motion, Complaint, and any other pleadings demonstrating the plaintiff's entitlement 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.

CRITICALCivil cases

Applies to

Proof of will

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

Civil warrant request

A warrant request must include an affidavit stating the reasons for the warrant, provided to the issuing judicial officer when the warrant is requested.

An affidavit, stating the reason(s) for the issuance of a warrant, shall be provided to the issuing judicial officer at the time the warrant is requested.

CRITICAL

Applies to

Notice to set for trial

Filing a Notice to Set for Trial certifies that the case is ready for trial, necessary parties are joined, discovery will be completed before trial, and the other counsel or parties have been served.

The attorney or party by filing a Notice to Set for Trial certifies that the case is fully at issue with all necessary parties joined, all anticipated discovery has been or will be completed before trial and that all other counsel or parties have been served with copy of the Notice.

CRITICALCivil cases

Applies to

Ex parte submission

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

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.

CRITICALCivil cases

Applies to

Declaration

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.

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.

CRITICALCivil cases

Applies to

Exhibit index

An exhibit index must number or letter exhibits in first-reference order, describe each in one sentence, identify its declaration reference, and provide the listed 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.

CRITICALCivil cases

Applies to

Motion to shorten time

A motion to shorten time may be presented ex parte if it includes a written certification that the other appearing parties were notified of the request.

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.

CRITICAL

Applies to

Appeal

When the appellant was represented in District Court, that attorney must file the appeal and, if appointed appellate counsel is sought, obtain a District Court order of indigency.

If the appellant is represented in District Court by court-appointed counsel or retained counsel, that attorney has the duty to file an appeal, and if appointed counsel on appeal is sought, to obtain an order of indigency from District Court.

CRITICALCivil cases

Applies to

Financial declaration

When the listed financial issues are at issue, both parties must file and serve a Financial Declaration with their pleadings and update it as necessary.

(1) Financial Declaration. 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 a Financial Declaration (FL All Family 131). Financial Declarations shall be updated as necessary.

CRITICAL

Applies to

Child support worksheet

When child support is at issue, both parties must file Child Support Worksheets with their pleadings, update them as necessary, and prepare them under the stated standards.

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.

CRITICAL

Applies to

Parenting plan documents

When custody, visitation, or parenting time is at issue, both parties must file the specified temporary-plan information and applicable parenting plan or residential schedule with their pleadings, and update the documents as necessary.

When custody, visitation, or parenting time is at issue, both parties shall file and serve with their pleadings: a) Information for Temporary Parenting Plan, filed by each parent/custodian/guardian (FL All Family 139), and; b) either a Proposed Parenting Plan (FL All Family 140) or a Residential Schedule (FL Parentage 303) depending upon the action filed. Parties are responsible for filing updated documents as necessary.

CRITICALCivil cases

Applies to

Order for signature

An order presented for a judicial officer’s signature must include part of the order text on the signature page and be signed by the presenter in the page’s lower-left corner.

Every order presented for a judicial officer’s signature shall include a portion of the text of the order on the signature page and shall be signed by the individual presenting it on the lower left-hand corner of the page to be signed.

CRITICALCivil cases

Applies to

Notice of hearing

A hearing notice must identify the specific filed motion or petition and be filed with or after it for a hearing to be scheduled.

A hearing will not be scheduled unless the notice identifies the specific filed motion or petition to be heard and is filed together with, or after, that motion or petition.

CRITICALCivil cases

Applies to

Order requiring appearance

An appearance order, if issued, must state the appearance date, time, and manner; unless otherwise ordered, it must be set for hearing at least five court days before the hearing, and noncompliance may result in proceedings in the party’s absence or sanctions.

(1) Issuance and Contents of Order Requiring Appearance. When the court determines that a party must appear for a hearing, the court may issue an order requiring appearance, including an order to go to court, order to show cause, or order to appear. 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. Failure to comply may result in the court proceeding in the party’s absence and imposing sanctions or other relief as authorized by law.

CRITICAL

Applies to

Proposed order

When presenting an order to a judicial officer, the party or attorney must provide an order without “proposed” in its caption or footer; presentation may be in person or electronic as directed by the judicial officer.

(B) Form of Order(s) for Presentation to Judicial Officer. 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. The order may be presented in-person or electronically as directed by the judicial officer.

CRITICAL

Applies to

Financial declaration

When the listed support, debt, or professional-fee issues are involved, both parties must file and serve a Financial Declaration with their pleadings and update it as necessary.

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 a Financial Declaration (FL All Family 131). Financial Declarations shall be updated as necessary.

CRITICAL

Applies to

Truancy stay order

When a truancy petition is filed, the court must automatically issue an Order to Stay Truancy Proceedings.

Upon the filing of a Truancy Petition pursuant to Chater 28A.225 RCW, the court shall automatically issue an Order to Stay Truancy Proceedings.

CRITICALCivil cases

Applies to

Judgment on award

A judgment on award shall be presented to the “assigned” judge, by any party, 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.

CRITICALCivil cases

Applies to

Document

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 the 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”.

CRITICAL

Applies to

Professional declaration affidavit or report

Specified professional declarations, affidavits, and reports are excluded from written submission limits and must be authenticated and filed as separate documents.

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.

CRITICALCivil cases

Applies to

Notice to set for trial

For cases filed before January 1, 2017, 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.

(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

Exhibit index

For electronic communications included in an exhibit index, include only portions directly relevant to the motion and identify the communication's date, time, and participants.

• 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.

CRITICAL

Applies to

Order

An order presented for a judicial officer’s signature must include part of the order text on the signature page and be signed by the presenter in the lower left-hand corner of the page to be signed.

(A) Signatures Required. Every order presented for a judicial officer’s signature shall include a portion of the text of the order on the signature page and shall be signed by the individual presenting it on the lower left-hand corner of the page to be signed.

CRITICAL

Applies to

Invoice

Submit the payment order and an invoice on the Court Administrator’s approved form to the Court Administrator within three months after the fee-approval order is entered.

An order specifying fees and costs are to be paid by Clark County, along with an invoice on the form prescribed and approved by the Court Administrator, shall be submitted to the Court Administrator no later than three (3) months after entry of the order approving fees.

CRITICAL

Applies to

Civil warrant request

A warrant requester must provide the issuing judicial officer, when requesting the warrant, an affidavit stating the reasons for issuance.

An affidavit, stating the reason(s) for the issuance of a warrant, shall be provided to the issuing judicial officer at the time the warrant is requested.

CRITICALCivil cases

A party may not re-file a document already in the court record, either separately or as an attachment or exhibit.

No party may file, either separately or as an attachment or exhibit, a document already filed as part of the court record.

CRITICALCivil cases

Applies to

Written submission

Written submissions must relate to the requested relief and be referenced in a supporting declaration that identifies the materials and their relevance.

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.

CRITICAL

Applies to

Order appointing family court services

An FCS appointment must be made by entry of the court-approved published appointment order, which identifies the issues to be investigated and the 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.

CRITICALCivil cases

Applies to

Response to statement of arbitrability

A party contesting transfer to arbitration in a case subject to LCR 40(c) must file a Response to Statement of Arbitrability.

For all cases subject to LCR 40(c), any party contesting a transfer to arbitration shall file and serve a Response to Statement of Arbitrability at least five (5) court days before the Scheduling Conference.

CRITICAL

Applies to

Motion

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

A motion shall be supported by declaration establishing such dispute.

CRITICALCivil cases

Applies to

Other relief motion

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

(4) Other Relief. 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.

CRITICALCivil cases

Applies to

Attorney summary affidavit

The parties’ attorneys must 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

Petition response joinder notice of intended relocation consent or objection

For the specified filings in actions under the cited statutes, a party must file a verified and signed Confidential Information Form with the stated information unless a current form for that party is already on file; the clerk must not accept a required filing without it.

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

Child custody habeas writ application

Applicants for child-custody habeas writs must use court-prescribed and approved forms available from 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.