Clark County Superior Court, Washington Service and Proof of Service Rules

CRITICALCivil cases

When the listed financial issues are at issue, both parties must serve the specified sealed financial source documents with their pleadings.

(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

Deadline

5 court days

Responses must be served on all parties 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.

CRITICAL

When custody, visitation, or parenting time is at issue, both parties must serve the specified parenting-plan documents with their pleadings.

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.

CRITICAL

Deadline

2 court days

Applies to

Strict reply

Any strict-reply documents must be served no later than 4:30 p.m. two court days before the scheduled hearing.

Documents in strict reply to the responsive reports, if any, shall be filed and served no later than 4:30 p.m., two (2) court days before the scheduled hearing.

CRITICALCivil cases

A motion for revision and notice of hearing may not be served before entry of a written order and must be served 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.

CRITICALCivil cases

In cases where a timely reconsideration motion has been filed and served, the motion for revision must be served 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.

CRITICALCivil cases

The arbitrator must file a special expense award with the Clerk and provide proof that it was served on each party.

The arbitrator shall make a special award for such expenses and shall file such award with the Clerk of the Superior Court, with proof of service of a party on each party.

CRITICALCivil cases

Deadline

10 court days

The moving party must serve all motion documents, including a citation noting the motion, on all parties and the court no later than 10 court days before the hearing.

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.

CRITICALCivil cases

If the court enters an order for immediate return of files or exhibits, a certified copy must be served on the attorney or other person involved.

A certified copy of such order, if entered, shall then be served upon the attorney or other person involved.

CRITICALCivil cases

Deadline

2 court days

Any strict-reply documents must be served no later than 4:30 p.m. two court days before the hearing.

Documents in strict reply to the responsive reports, if any, shall be filed and served no later than 4:30 p.m., two (2) court days before the scheduled hearing.

CRITICALCivil cases

Deadline

3 court days

Replies must be served on all parties and the court no later than 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.

CRITICAL

Applies to

Bail reconsideration motion

A bail reconsideration motion after arraignment must be accompanied by timely notice to the Prosecuting Attorney.

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.

CRITICALCivil cases

The reasonableness hearing defendant must be served, in the same manner as a summons in a civil action, with the hearing notice, pleadings and responses, amendments, and hearing affidavits.

The “reasonableness hearing defendant” shall then be served with the following items in the same manner as summons may be served in a civil action: (1) Notice of the reasonableness hearing; (2) The summons and complaint and responses thereto together with any amendments thereto; (3) All affidavits to be submitted to the court for the reasonableness hearing.

CRITICALCivil cases

The supervising person or agency must serve its written report on all parties 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.

CRITICALCivil cases

Applies to

Order to show cause

Notice of the show cause hearing must be given by an Order to Show Cause, which may be served with the Summons and Complaint or later.

Notice of the show cause hearing must be by an Order to Show Cause which may be served with the Summons and Complaint or at any time thereafter.

CRITICALCivil cases

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

Applies to

Case assignment notice

For cases subject to LCR 40(c), the appealing party must serve the 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)).

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 serve the 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.

CRITICALCivil cases

Applies to

Notice to set for trial

For cases excluded from LCR 40(c), the appealing party must serve the Notice to Set for Trial on the other parties 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).

CRITICALCivil cases

To obtain the presumption of admissibility for a relevant listed document, the offering party must serve all parties with notice, a document copy, author or maker contact details, and related documents at least 14 days before the hearing.

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

Replies must be served 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.

CRITICALCivil cases

Applies to

Reasonableness hearing notice

The reasonableness hearing defendant must receive at least 30 days’ notice, or at least 60 days’ notice if served out of state or by publication.

No less than thirty (30) days notice of the reasonableness hearing shall be given to the “reasonableness hearing defendant.” If the “reasonableness hearing defendant” is served out-of-state or by publication, no less than sixty (60) days notice of the reasonableness hearing shall be given.

CRITICALCivil cases

Other counsel or parties must be served with a copy of the Notice to Set for Trial.

(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.

CRITICALCivil cases

When child support is at issue, both parties must serve the Child Support Worksheet with their pleadings.

(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.

CRITICAL

The petitioner must serve the respondent with a copy of the Automatic Temporary Order together with the summons and petition, and file proof of service.

The Petitioner shall serve a copy of this order on Respondent, together with the Summons and Petition, and file proof of service.

CRITICALCivil cases

Applies to

Automatic temporary order

The petitioner must serve the respondent with the Automatic Temporary Order together with the Summons and Petition and file proof of service.

The Petitioner shall serve a copy of this order on Respondent, together with the Summons and Petition, and file proof of service.

CRITICAL

The court must provide its determination in writing to the complainant and court-appointed neutral.

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

Applies to

Reasonableness hearing notice

All parties named in the lawsuit must receive at least 10 days’ notice of a reasonableness hearing.

A reasonableness hearing shall be scheduled in the assigned department at a time mutually convenient to the parties and the court with at least 10 (ten) days notice to all parties named in the lawsuit.

CRITICALCivil cases

Applies to

Order to show cause motion and affidavits

Service

Personal service

The order to show cause, motion, and affidavits must be personally served on the responding party unless the court authorizes otherwise or good cause is shown.

Personal Service. Unless otherwise authorized by the court or good cause is shown, the Order to Show Cause, motion, and affidavits must be personally served upon the responding party.

CRITICAL

Applies to

Special award

An arbitrator’s special award of expenses must be filed with the Clerk of the Superior Court with proof of service on each party.

The arbitrator shall make a special award for such expenses and shall file such award with the Clerk of the Superior Court, with proof of service of a party on each party.

CRITICAL

A party joining an additional party must serve that party with the current Case Assignment Notice along with the first pleading served on them.

A party who joins an additional party in an action shall serve the additional party with the current Case Assignment Notice together with the first pleading served on the additional party.

CRITICAL

Applies to

Post conviction relief motion

A CrR 7.8 post-conviction relief motion must be filed with the Clark County Clerk and served on the Clark County Prosecuting Attorney.

A motion for post-conviction relief pursuant to CrR 7.8 shall be filed with the Clark County Clerk and served on the Clark County Prosecuting Attorney.

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 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

Stay order and petition

The petitioner must serve the Stay Order and Petition on the student and the student’s parents and file proof of service.

The Petitioner shall serve a copy of the Stay Order and the Petition on the student and the student’s parent(s) and file proof of service.

CRITICALCivil cases

Applies to

Modification proceeding

Modification proceedings must be served as required by the applicable statute or rule.

Proceedings shall be served as required by applicable statute or rule.

CRITICAL

A CrR 7.8 post-conviction relief motion must be filed with the Clark County Clerk and served on the Clark County Prosecuting Attorney.

A motion for post-conviction relief pursuant to CrR 7.8 shall be filed with the Clark County Clerk and served on the Clark County Prosecuting Attorney.

CRITICAL

Presentation of a judgment on award to the assigned judge must be 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

Case assignment notice

A party joining an additional party must serve that party with the current Case Assignment Notice along with the first pleading served on them.

A party who joins an additional party in an action shall serve the additional party with the current Case Assignment Notice together with the first pleading served on the additional party.

CRITICAL

Applies to

Confidential judicial settlement conference statement

Each party must provide the prescribed Confidential Judicial Settlement Conference Statement to the other parties and settlement conference judge at least ten days before the conference, file proof of service, and not file the statement with the Clerk or share it with the trial judge.

At least ten (10) days before the judicial settlement conference each party shall supply a Confidential Judicial Settlement Conference Statement to the other parti(ies) and to the settlement conference judge as follows: (A) The parties shall use the form prescribed and approved by the court; (B) Each party shall file proof of service with the Clark County Clerk; (C) The Confidential Statements shall not be filed with the Clark County Clerk. The Confidential Statements shall not be shared with the trial judge and will be destroyed at the conclusion of the settlement conference.

CRITICAL

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

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.

CRITICALCivil cases

The moving party must deliver the required pleadings and Notice to all parties and Notice Parties and file a substantially compliant Declaration of Service, unless the court waives notice for good cause.

The moving party must deliver to all parties and each Notice Party copies of required pleadings and Notice and must file a Declaration of Service which substantially complies with GDN ALL 007 confirming delivery of notice, unless the court waives such notice to any party or any Notice Party for good cause shown.

CRITICAL

To qualify relevant listed documents for the presumption of admissibility, the offering party must serve all parties at least 14 days before the hearing with a notice, document copy, and author or maker contact information, and furnish related documents from that 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.

CRITICALCivil cases

Testimony will not be taken on the motion docket unless the opposing party is given notice of intent and the court concurs.

In no event will testimony be taken on the motion docket unless notice of intent to do so is given the opposing party and the concurrence of the court is obtained.

CRITICAL

Deadline

5 court days

Responses must be served on all parties 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

10 court days

The party seeking revision must give the other parties at least 10 court days’ notice of the hearing’s time, date, and place, excluding weekends and legal holidays.

The party seeking revision shall provide the other parties at least ten (10) court days’ notice, excluding weekends and legal holidays, of the time, date, and place of the hearing.

CRITICAL

In cases excluded from LCR 40(c), the appealing party must serve the Notice to Set for Trial on the other parties 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

Response to statement of arbitrability

A party contesting transfer to arbitration in a case subject to LCR 40(c) must serve its response as well as file it.

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

Truancy stay order and petition

The petitioner must serve the stay order and petition on the student and the student’s parent or parents and file proof of service.

The Petitioner shall serve a copy of the Stay Order and the Petition on the student and the student’s parent(s) and file proof of service.

CRITICALCivil cases

Applies to

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)).

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

Deadline

10 court days

The party seeking revision must give the other parties at least 10 court days’ notice of the hearing’s time, date, and place, excluding weekends and legal holidays.

The party seeking revision shall provide the other parties at least ten (10) court days’ notice, excluding weekends and legal holidays, of the time, date, and place of the hearing.