Clark County Superior Court, Washington Document Filing Requirements

CRITICAL

Applies to

Exhibits

An exhibit index must precede the indexed materials when exhibits exceed 20 pages.

(C) Exhibit Index Requirement. 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.

CRITICALCivil cases

Applies to

Parenting plan submissions

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

(4) Proposed Parenting Plan. 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.

CRITICAL

Applies to

Notice of hearing for judicial settlement conference

When there is no agreement, the requester must complete, sign, and file the prescribed Notice of Hearing form with the 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 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.

CRITICALCivil cases

Applies to

Registry application

Candidates seeking initial placement must meet the applicable statutory requirements, complete the Court Administrator’s application form, and submit the listed supporting information.

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.

CRITICALCivil cases

Applies to

Declaration in lieu of testimony

When a respondent has defaulted and the requested relief differs from or is more specific than the petition, a declaration is not accepted and the requesting party must appear on the assigned judge’s motion docket and present testimony.

(2) Hearing Required. A declaration in lieu of testimony will not be accepted in cases in which the relief requested is different or more specific than the original petition, and the respondent has defaulted. In this case, the party requesting relief which varies from the petition must appear on the assigned judge’s motion docket and present testimony in support of the request, with a decision to be made by the judge.

CRITICALCivil cases

Applies to

Notice to set for trial

Filing a Notice to Set for Trial certifies that the case is fully at issue, necessary parties are joined, anticipated discovery is complete or will be completed before trial, and other counsel or parties were served with the notice.

(3) Certification. 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.

CRITICAL

Applies to

New pleading

A party may not refile a document already in the court record, including as an attachment or exhibit; new pleadings should refer to previously filed documents and identify the filing date or the referenced pleading’s name and date.

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

WARNINGCivil cases

When appropriate, new pleadings should refer to already-filed documents by filing date or by the referenced pleading’s name and date.

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.

WARNINGCivil cases

Applies to

Proposed order

A proposed order filed with the Clark County Clerk is not subject to being signed by a judicial officer.

Proposed orders filed with the Clark County Clerk are not subject to being signed by a judicial officer.

WARNING

Applies to

Proposed order

For a motion that may result in an order, the requesting party should be prepared to submit a proposed order, and the order should be completed and signed at the hearing when practicable.

(B) Draft Orders at Hearing. If a motion may result in entry of an order, the party requesting the relief should be prepared to submit a proposed order for the hearing. Orders should be completed and signed at the hearing when practicable.

WARNINGCivil cases

Applies to

Motion affecting parenting plan or minor guardianship

Requests involving residential placement, parenting plans, custody, or minor guardianships ordinarily should be made by motion on notice rather than by ex parte immediate restraining order, subject to the stated legal exception and showing requirements.

(D) Requests Affecting Parenting Plans or Minor Guardianships. Requests affecting residential placement, parenting plans, custody, or minor guardianships ordinarily should be presented by motion on notice, not by motion for immediate restraining order (ex parte). This subsection does not bar a request for immediate relief authorized by law, including at the commencement of a case, but such relief should be sought only upon the showing required by subsection (d)(3)(B) and (C) and applicable law.

WARNING

Applies to

Omnibus hearing 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.

WARNING

Applies to

Affidavit

A reasonableness hearing is heard by the assigned judge on affidavits only unless the court deems an evidentiary hearing necessary.

Reasonableness hearings pursuant to RCW 4.22.060 shall be heard by the judge assigned to the particular matter by affidavit only unless the court shall deem necessary an evidentiary hearing.

WARNINGCivil cases

Applies to

Motion

The court may decline to consider, strike, or continue a motion that does not comply with the declaration requirements.

The court may decline to consider, strike, or continue a motion that does not comply with this subsection.

WARNING

Applies to

Agreed order

An agreed order may be submitted for signature without presentation if all parties or their attorneys have signed it, unless the court directs otherwise.

If the parties agree on the form of order, the agreed order may be submitted for signature without presentation, provided the order bears the signatures of all parties or their attorneys, unless the court otherwise directs.

WARNING

Applies to

Motion declaration

Supporting and opposing declarations must be filed with the corresponding written submissions, while reply declarations are ordinarily limited to rebuttal and may not cure omissions or introduce evidence that should have accompanied the motion.

Declarations submitted in support of a motion must be filed with the moving party’s written submissions. Declarations submitted in opposition must be filed with the responding party’s response materials. Declarations submitted with reply materials, including third-party declarations, are ordinarily limited to rebutting factual contentions, evidence, or other matters raised in the response and are not to be used to cure omissions in the moving party’s initial filing or to submit evidence that should have been included with the motion. The court may decline to consider declarations or portions of declarations submitted with reply materials if their submission is unfairly prejudicial or inconsistent with the orderly presentation of

WARNING

Applies to

Investigation report

The investigator may adjust the recommendation level when new information warrants it, but the report must explain the basis for the change.

The investigator may adjust the level of recommendations if warranted by new information, provided the report explains the basis for that change.

WARNINGCivil cases

Applies to

Reply declaration

Reply declarations are ordinarily limited to rebuttal and may not cure omissions or present evidence that should have accompanied the motion; the court may decline to consider them or grant other relief in appropriate circumstances.

Declarations submitted with reply materials, including third- party declarations, are ordinarily limited to rebutting factual contentions, evidence, or other matters raised in the response and are not to be used to cure omissions in the moving party’s initial filing or to submit evidence that should have been included with the motion. The court may decline to consider declarations or portions of declarations submitted with reply materials if their submission is unfairly prejudicial or inconsistent with the orderly presentation of the motion. In appropriate circumstances, the court may continue the hearing, permit additional responsive materials, or grant other appropriate relief.

WARNING

Applies to

Affidavit

In an uncontested will proceeding, testimony may be given in person, by deposition, or by affidavit with the original or a facsimile of the will attached.

In uncontested will proceedings, testimony in support of a will may be given in person or by deposition or by affidavit to which is attached the original or a facsimile of the will.

WARNINGCivil cases

Applies to

Proposed order

For a motion that may result in an order, the requesting party should be prepared to submit a proposed order; the order should be completed and signed at the hearing when practicable, or the court will set a presentation date and direct a party to prepare and circulate it.

If a motion may result in entry of an order, the party requesting the relief should be prepared to submit a proposed order for the hearing. Orders should be completed and signed at the hearing when practicable. If the order cannot be completed and signed at the hearing, the court will set a date for presentation of the order and direct a party to prepare and circulate a proposed order reflecting the court’s ruling.

WARNING

Applies to

Fcs report

The investigator may adjust the recommendation tier when new information warrants it, but the report must explain the basis for the change.

The investigator may adjust the level of recommendations if warranted by new information, provided the report explains the basis for that change.

WARNING

Applies to

Financial documentation

The court may require additional documentation to verify income and deductions.

Other documentation may be required by the court to verify income and deductions.

WARNING

Applies to

Oral argument request

A show-cause hearing is without oral argument unless the court requests it or grants a party’s request, which must state its basis in writing; motions filed pursuant to State v Blake are excluded.

The hearing will be without oral argument, unless argument is requested by the court or a request for oral argument is granted by the court. Any party requesting oral argument shall set forth the basis for the request in writing. If the court determines that oral argument is necessary, or grants a request for oral argument, the court will notify the parties and calendar the oral argument. Motions Pursuant to Blake. This rule does not apply to motions filed pursuant to State v Blake.

WARNINGCivil cases

Applies to

Ex parte relief request

Ex parte relief should be sought only when relief on notice cannot be obtained before the harm occurs; relief that can be addressed on notice should not be sought ex parte, and practicable good-faith notice should be given before seeking ex parte relief.

(C) Use of Ex Parte Procedure. Ex parte relief should be requested only when relief on notice cannot be obtained before the claimed harm will occur. Relief that can be addressed on notice should not be requested ex parte. When practicable, the moving party should make a good faith effort to notify the other party or counsel before seeking ex parte relief.

WARNINGCivil cases

Applies to

Agreed order

If the parties agree on an order’s form, they may submit it for signature without presentation if all parties or their attorneys have signed it, unless the court directs otherwise.

If the parties agree on the form of order, the agreed order may be submitted for signature without presentation, provided the order bears the signatures of all parties or their attorneys, unless the court otherwise directs.

WARNINGCivil cases

Applies to

Notice of hearing

A notice filed without a corresponding motion or petition does not place a matter before the court and may be declined for scheduling or stricken.

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.

WARNING

Applies to

Motion for enlargement of written submissions

A written motion to enlarge submissions must show a factual basis and be presented to the judicial officer hearing the underlying motion; it may be presented ex parte only if the opposing party is notified, and the court may grant or deny it, impose terms, or award fees if enlargement was not sufficiently needed.

A written motion for enlargement of written submissions may be granted upon good cause shown. The motion must be presented to the assigned judicial officer who will hear the underlying motion. The motion must set forth a factual basis for the requested relief. The motion may be presented ex parte so long as the party seeking enlargement contacts the opposing party to give notice of such intent. The court may deny or grant the motion as the court deems reasonable. The court may impose terms, including an award of attorney fees, where the court later finds there was insufficient need for enlargement.

WARNING

Applies to

Case management order

The court must enter a Case Management Order when a matter is set for trial and may enter one for an evidentiary hearing at its discretion or on a party’s motion.

When a matter is set for trial, the court shall enter a Case Management Order. For evidentiary hearings, the court may enter a Case Management Order at its discretion or upon motion of a party.

INFOCivil cases

Applies to

Pause request

Pause requests should include the expected return date; this is stated as a recommendation.

Requests should include the expected return date.

INFOCivil cases

Applies to

Notice to Set for Trial

A Notice to Set for Trial is not required for the court to schedule the status conference or set the matter for trial or an evidentiary hearing.

A Notice to Set for Trial is not required for the court to schedule the status conference or to set the matter for trial or evidentiary hearing.

INFO

Applies to

Registry pause request

Requests should include the expected return date.

Requests should include the expected return date.

INFO

Applies to

Pleading or other paper

The names of persons signing a pleading or other paper should be typed under their signatures.

The names of all persons signing a pleading or other paper should be typed under the signature.

INFO

Applies to

Notice to set for trial

A Notice to Set for Trial is not required for the court to schedule the status conference or set trial or an evidentiary hearing.

A Notice to Set for Trial is not required for the court to schedule the status conference or to set the matter for trial or evidentiary hearing.