Clark County Superior Court, Washington Filing Timing and Cure Windows

CRITICALCivil cases

The motion must be scheduled and heard within 30 days of the commissioner’s order; if no docket is available in that period, it must be heard on the first available docket thereafter unless the judge orders otherwise, or the motion will be dismissed.

The motion shall be scheduled and heard by the assigned judge within thirty (30) days of entry of the commissioner’s order. If the assigned judge does not have a motion docket, or the docket is closed, within thirty (30) days of entry of the commissioner’s order, the motion shall be heard on the first available motion docket thereafter, unless otherwise ordered by the assigned judge. Failure to hear the motion within thirty (30) days or the first available motion docket thereafter shall result in dismissal of the motion.

CRITICALCivil cases

Unless the court directs otherwise, a party objecting to the form of order must provide written objections to the drafting party by 11:00 a.m. three court days before presentation.

Objections. Any party objecting to the form of order must provide written No later than 11:00 a.m. objections to the drafting party in compliance with subsection (F). three (3) court days before presentation

CRITICAL

When the specified issues are involved, both parties must file the Financial Declaration with their pleadings.

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

Responses must be filed at least 15 days before the show-cause hearing.

Responses shall be filed and served not less than fifteen (15) days before the set for show cause hearing,

CRITICALCivil cases

Unless the court directs otherwise, the drafting party must submit the updated proposed order and related materials, including objections, by 11:00 a.m. one court day before presentation; revisions must clearly identify changes made after circulation.

Submission to Court. The drafting party must submit an updated proposed order and related materials, including any objections, provided under this No later than 11:00 a.m. rule. Any revised proposed order must clearly identify changes made after one (1) court day before circulation. presentation

CRITICAL

The court must notify the complainant and court-appointed neutral in writing of its determination within 30 days after receiving the request.

The court shall notify the complainant and the court- appointed neutral in writing of the determination no later than thirty (30) days after receiving the request.

CRITICALCivil cases

Deadline

5 court days

The response contesting transfer to arbitration must be filed and served at least five court days before the Scheduling Conference.

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.

CRITICALCivil cases

Deadline

3 court days

Replies shall be filed and served on all parties and the court no later than three (3) court days before the hearing.

Replies shall be filed and served on all parties and the court no later than three (3) court days before the hearing.

CRITICALCivil cases

The applicant must complete and file the oath before placement on the arbitrator panel.

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

CRITICAL

Replies must be filed at least 7 days before the show-cause hearing unless the court shortens the time.

replies shall be filed and served no less than seven (7) days before the date set for the show cause hearing unless time for response or replies is shortened by the court.

CRITICAL

In other non-arbitration cases and on a request for trial de novo, a jury demand and required fee are due by the Scheduling Conference or the jury-trial right is waived.

For all other cases not submitted to arbitration, or upon request for the trial de novo, failure to demand a jury (and pay the required fee) by the date of the Scheduling Conference will be deemed a waiver of the right to a jury trial.

CRITICALCivil cases

Findings of fact, conclusions of law, and verdicts must be presented to the judicial officer within 15 days after the decision or verdict.

All findings of fact, conclusions of law and verdicts shall be presented to the judicial officer having heard the matter not later than 15 days after the decision or verdict was rendered.

CRITICALCivil cases

The supervising person or agency must file its written report at least 14 days before the hearing.

The person or agency supervising the dependency will file and serve a written court report to all parties not less than 14 days prior to the scheduled hearing.

CRITICAL

The payment order and approved-form invoice must be submitted no later than three months after entry of the order approving fees.

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

An objecting party must note the objection for hearing before the assigned trial department within 25 days after service of the Notice.

The objecting party must note the objection for hearing before the assigned trial department no later than twenty-five (25) days after the date of service of the Notice.

CRITICAL

Unless otherwise provided in the rule or shortened by the court, the show-cause hearing must be set at least 90 days after the motion is filed.

(1) Hearing Date. Except as otherwise set forth in this rule, or shortened by the court, the Show Cause Hearing shall be set for a date not less than ninety (90) days after the date the motion is filed.

CRITICALCivil cases

Deadline

5 court days

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.

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

Deadline

5 court days

A party contesting transfer to arbitration in a case subject to LCR 40(c) must file and serve its response at least 5 court days before the Scheduling Conference.

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.

CRITICALCivil cases

A party disputing the supervising agency’s report must file its responsive report at least seven days before the hearing.

Responsive reports of parties not in agreement with the supervising agency’s report must be filed and served at least seven days prior to the hearing.

CRITICAL

After a settlement resolving all claims against all parties, the plaintiff must file and serve written notice within five judicial days or before the arbitration hearing, whichever is sooner, subject to the stated alternative when pre-hearing filing with the arbitrator is not possible.

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. Where the notice cannot be filed with the arbitrator before the arbitration hearing, the plaintiff shall notify the arbitrator of the settlement prior to the hearing, and the written notice shall be filed and served within five (5) judicial days after the settlement.

CRITICAL

Deadline

10 court days

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)).

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

When a timely motion for reconsideration has been filed and served, the motion for revision must be filed no later than 10 days after entry of the reconsideration order.

For cases in which a timely motion for reconsideration of the commissioner’s written order has been filed and served, the time for filing and service of a motion for revision of the commissioner’s written order shall be no later than ten (10) days after entry of the commissioner’s written order on reconsideration.

CRITICAL

Deadline

1 court days

Unless the court directs otherwise, the drafting party must submit the updated proposed order and related materials, including objections, by 11:00 a.m. one court day before presentation, and identify revisions made after circulation.

Submission to Court. The drafting party must submit an updated proposed order and related materials, including any objections, provided under this No later than 11:00 a.m. rule. Any revised proposed order must clearly identify changes made after one (1) court day before circulation. presentation

CRITICAL

If no party files a response indicating the case is not subject to arbitration within 14 days, the case will be transferred to the arbitration calendar.

If within 14 days no party files a response indicating the case is not subject to arbitration, the case will be transferred to the arbitration calendar.

CRITICAL

The show-cause hearing must be set at least 90 days after the motion is filed, unless the rule provides otherwise or the court shortens the time; motions filed pursuant to State v Blake are excluded.

Except as otherwise set forth in this rule, or shortened by the court, the Show Cause Hearing shall be set for a date not less than ninety (90) days after the date the motion is filed. This rule does not apply to motions filed pursuant to State v Blake.

CRITICALCivil cases

Registry renewal information must be submitted annually no later than February 28.

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:

CRITICALCivil cases

Deadline

10 court days

Except for motions for revision of a commissioner’s order, the specified domestic relations motions must be filed no later than 10 court days before the hearing.

Except for Motions for Revision of a Commissioner’s Order (LCR 53.2), domestic relations motions (Show Cause docket matters, Modification/Contempt docket matters and Family Law Motion docket matters) shall be filed with the clerk and copies served upon all parties and the court (see section (f) below) no later than ten (10) court days before the time specified for the hearing.

CRITICALCivil cases

An aggrieved party has ten days after the expense award to appeal it under RCW 2.24.050.

The aggrieved party shall have ten (10) days thereafter to appeal the award of such expense in accordance with the procedures described in RCW 2.24.050.

CRITICALCivil cases

An attorney or party objecting to the trial setting or disputing the Notice must file and serve a court-approved Response within ten days after service of the Notice.

(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.

CRITICAL

Deadline

5 court days

Responses must be filed no later than five court days before the scheduled hearing time.

Responses shall be filed and served on all parties no later than five (5) court days before the time specified for the hearing.

CRITICALCivil cases

Deadline

5 court days

Responses must be filed no later than five court days before the hearing.

Responses shall be filed and served on all parties no later than five (5) court days before the time specified for the hearing.

CRITICALCivil cases

Deadline

5 court days

Responses must be filed no later than 5 court days before the hearing.

Responses shall be filed and served on all parties and the court no later than five (5) court days before the time specified for the hearing.

CRITICAL

For the specified non-arbitration cases, a jury demand and required fee are due within 30 days after filing the Notice to Set for Trial or the Response, or the jury-trial right is waived.

(1) Non-arbitration cases. Except for cases submitted for arbitration, failure to demand a jury (and pay the required fee) in the types of cases described in LCR 40(b)(2) within thirty (30) days of the filing of the Notice to Set for Trial or the Response will be deemed a waiver of the right to a jury trial.

CRITICAL

Deadline

10 court days

Moving parties must file motion documents no later than 10 court days before the hearing, except where another statute or rule provides a specific timeframe.

(d) Civil Division Motions. This rule does not apply to Title 13 RCW matters or other statutes and court rules that provide for specific time frames for seeking relief, e.g., Title 59 RCW, CR 56, LCR 59. 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. Responses shall be filed and served on all parties and the court no later than five (5) court days before the time specified for the hearing. Replies shall be filed and served on all parties and the court no later than three (3) court days before the hearing. Replies are limited to four (4) pages in length however, this page limitation shall not apply to replies to dispositive motions under CR 12 or 56. See Section (h) below for examples on meeting filing deadlines. Working copies must be presented pursuant to Section (f) below.

CRITICALCivil cases

A motion for revision and notice of hearing may not be filed before entry of a written order and must be filed within 10 days after entry of the commissioner’s order.

The motion for revision and notice of hearing shall not be filed or served prior to entry of a written order. The motion for revision and notice of hearing shall be filed and served within ten (10) days of entry of the commissioner’s order.

CRITICAL

The motion requesting additional hours must be presented before those additional hours are incurred.

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

Deadline

5 court days

Unless the court directs otherwise, the drafting party must circulate the proposed order to all parties by 11:00 a.m. five court days before presentation.

Unless the court directs otherwise, the following deadlines and procedures apply before the order is presented for signature: Action Deadline No later than 11:00 a.m. Circulation. The drafting party must circulate the proposed order to all five (5) court days before parties. presentation

CRITICALCivil cases

Deadline

1 court days

A Superior Court petition for a temporary extreme risk protection order must be heard ex parte on the filing day or the next judicial day.

A petition for a temporary extreme risk protection order filed in Superior Court pursuant to Chapter 7.105 RCW will be heard ex parte on the day the petition is filed or the next judicial day.

CRITICAL

A complaint must be filed within six months of the discharge order.

All complaints must be filed within six (6) months of a discharge order.

CRITICALCivil cases

In cases where a timely reconsideration motion has been filed and served, the motion for revision must be filed no later than ten days after entry of the reconsideration order.

For cases in which a timely motion for reconsideration of the commissioner’s written order has been filed and served, the time for filing and service of a motion for revision of the commissioner’s written order shall be no later than ten (10) days after entry of the commissioner’s written order on reconsideration.

CRITICAL

Findings, conclusions, and verdicts must be presented to the judicial officer within 15 days after the decision or verdict.

All findings of fact, conclusions of law and verdicts shall be presented to the judicial officer having heard the matter not later than 15 days after the decision or verdict was rendered.

CRITICAL

The Clerk must cite the motion on the next criminal motion docket no earlier than 30 days after filing.

The motion for relief shall be cited by the Clerk on the court’s next criminal motion docket not less than thirty (30) days from filing.

CRITICAL

Deadline

3 court days

Unless the court directs otherwise, written objections complying with subsection (E) must be provided to the drafting party by 11:00 a.m. three court days before presentation.

Objections. Any party objecting to the form of order must provide written No later than 11:00 a.m. objections to the drafting party in compliance with subsection (E). three (3) court days before presentation

CRITICALCivil cases

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

Unless the court orders otherwise, the Scheduling Conference must be scheduled between four and six months after the initial pleading is filed.

Unless otherwise ordered by the court, the Scheduling Conference Date shall be scheduled for a date which is no less than four (4) months, nor more than six (6) months, from the date of filing the initial pleading.

CRITICAL

Responses must be filed at least 15 days before the show-cause hearing, unless the court shortens the time; motions filed pursuant to State v Blake are excluded.

Responses shall be filed and served not less than fifteen (15) days before the set for show cause hearing, and replies shall be filed and served no less than seven (7) days before the date set for the show cause hearing unless time for response or replies is shortened by the court. This rule does not apply to motions filed pursuant to State v Blake.

CRITICAL

The court may not consider documents filed after the deadlines, even if the parties agree, except in an initial shelter care matter or when an emergency necessitated late filing.

The Court may not consider any documents, agreed to by the parties or not, filed after these deadlines unless it is an initial shelter care matter or there is a showing that an emergency existed that necessitated a late filing of such documents.

WARNING

Applies to

Facts presented at hearing

Facts presented at a hearing must be in the court file for the court to consider them, except in an initial shelter care matter, an evidentiary hearing with live testimony, or an emergency necessitating late presentation.

The Court may not consider facts presented at the time of the hearing that are not in the court file unless it is an initial shelter care matter, an evidentiary hearing with live testimony, or a showing that an emergency existed that necessitated a late presentation of evidence.

WARNINGCivil cases

A party that misses the deadline to serve and file a Response to Statement of Arbitrability may do so later only with leave of court.

A party failing to timely serve and file a Response to Statement of Arbitrability within the time prescribed may later do so only upon leave of the court.

WARNING

Unless good cause is shown, the court shall enter a Case Scheduling Order substantially as follows, with specific provisions subject to adjustment at the assigned judge’s discretion to wit: Deadline for Filing Trial Memoranda, Proposed Jury Instructions and Proposed T – 2 weeks Verdict Forms

Unless good cause is shown, the court shall enter a Case Scheduling Order substantially as follows, with specific provisions subject to adjustment at the assigned judge’s discretion to wit: Deadline for Filing Trial Memoranda, Proposed Jury Instructions and Proposed T – 2 weeks Verdict Forms