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

CRITICAL

Deadline

10 court days

Covered domestic relations motion papers must be served on all parties and the court no later than 10 court days before the hearing, except motions for revision of a commissioner’s order.

(e) Family Law Division Motions. 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. 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. See section (h) below for examples on meeting filing deadlines. Working copies must be presented pursuant to Section (f) below.

CRITICALCivil cases

Deadline

10 court days

A written motion that is not heard ex parte, its hearing notice, and related pleadings must be served by 4:30 p.m. ten court days before the hearing unless the parties agree otherwise.

A written motion, other than one which may be heard ex parte, notice of the hearing thereof, and all other related pleadings shall be served, and filed with the Court, not later than 4:30 p.m., ten (10) court days before the time specified for the hearing, unless otherwise agreed by the parties.

CRITICAL

Applies to

Notice to set for trial

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.

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

Response to statement of arbitrability

In cases excluded from LCR 40, a party disagreeing with the Statement of Arbitrability must serve and 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.

CRITICALCivil cases

When the listed financial issues are at issue, both parties must serve the Financial Declaration with their pleadings.

(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.

CRITICALCivil cases

Applies to

Response to statement of arbitrability

A party contesting transfer to arbitration in a case subject to LCR 40(c) must serve the response.

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

The plaintiff must serve written notice of a settlement resolving all claims against all parties within the stated deadline, with a different filing deadline if the notice cannot be filed with the arbitrator before the 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. 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

A reasonableness hearing defendant must be served, in the same manner as a summons in a civil action, with the hearing notice, pleadings and amendments, and all affidavits to be submitted for the hearing.

If a party seeks to preserve rights against or cut off contribution rights of a person or other entity who is not named as a party in the suit, that party shall secure the addition of the unnamed party to the suit as a "reasonableness hearing defendant." This may be done by motion to the court. 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.

CRITICAL

If the reasonableness hearing defendant is served out of state or by publication, at least 60 days’ notice must be given before the hearing.

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.

CRITICAL

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

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

When child support is at issue, both parties shall file and serve with their pleadings a Child Support Worksheet (WSCSS – Worksheets).

CRITICALCivil cases

Deadline

5 court days

Responses must be served on all parties and the court 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

If an order is not completed and signed at the hearing, the court-directed drafting party must circulate it to all other parties; editable electronic circulation is permitted.

(C) Circulation and Presentation of Proposed Orders. If the order is not completed and signed at the hearing, the party directed by the court to prepare the order must circulate a proposed order to all other parties. Proposed orders may be circulated in editable electronic format.

CRITICAL

The filing party must serve the Case Assignment Notice on all other parties with the initial pleading or within ten days after filing it.

The party filing the initial pleading shall promptly provide a copy of the Case Assignment Notice to all other parties by (i) serving a copy of the Case Assignment Notice on the other parties along with the initial pleading, or (ii) serving the Case Assignment Notice on the other parties within ten (10) days after filing the initial pleading.

CRITICALCivil cases

An attorney or party who objects to the trial setting or disputes the Notice must serve the 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.

CRITICALCivil cases

Applies to

Statement of arbitrability

In cases excluded from LCR 40(c), the party filing the Notice to Set for Trial must serve the Statement of Arbitrability.

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.

CRITICAL

Applies to

Response

Responses must be served 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 complainant and court-appointed neutral must receive copies of all documents received, relied upon, or issued by the Committee or court.

The complainant and the court-appointed neutral shall be provided with copies of all documents received, relied upon, or issued by the Committee or the court.

CRITICAL

The reasonableness hearing defendant must receive at least 30 days’ notice before the hearing.

No less than thirty (30) days notice of the reasonableness hearing shall be given to the “reasonableness hearing defendant.”

CRITICAL

Applies to

Response to notice to set for trial

An objecting attorney or party must serve the Response to Notice to Set for Trial within 10 days after service of the Notice.

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

Deadline

5 court days

Applies to

List of papers

The party seeking revision must deliver all other parties a list of the papers submitted or listed for the assigned judge at least five court days before the hearing.

Deliver to all other parties a list of all papers submitted to or listed for the assigned judge as required in section (5)(A) at least five (5) court days before the hearing.

CRITICALCivil cases

Applies to

Case assignment notice

The initial pleading filer must serve the Case Assignment Notice on all other parties with the initial pleading or within ten days after filing it.

The party filing the initial pleading shall promptly provide a copy of the Case Assignment Notice to all other parties by (i) serving a copy of the Case Assignment Notice on the other parties along with the initial pleading, or (ii) serving the Case Assignment Notice on the other parties within ten (10) days after filing the initial pleading.

CRITICAL

Deadline

10 court days

Moving parties must serve motion documents on all parties and the court no later than 10 court days before the hearing, subject to the stated exclusions for matters governed by other specific timeframes.

(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.

CRITICAL

The moving party must deliver the required pleadings and Notice to all parties and Notice Parties, and file a Declaration of Service substantially complying with GDN ALL 007, unless the court waives notice for good cause.

(B) Delivery of filed documents. 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

All parties must receive notice before the fee-approval motion is presented to the assigned judicial officer.

A written motion accompanied by a supporting declaration setting forth a detail of total time spent shall be presented after notice to all parties to the assigned judicial officer.

CRITICAL

Deadline

10 court days

Applies to

Written motion and related pleadings

A written motion that may not be heard ex parte, its hearing notice, and related pleadings must be served by 4:30 p.m. ten court days before the hearing, unless the parties agree otherwise.

A written motion, other than one which may be heard ex parte, notice of the hearing thereof, and all other related pleadings shall be served, and filed with the Court, not later than 4:30 p.m., ten (10) court days before the time specified for the hearing, unless otherwise agreed by the parties.

CRITICALCivil cases

Deadline

5 court days

Responsive documents and other documents to be filed must be served on the parties by 4:30 p.m. five court days before the hearing.

All responsive documents, as well as any reports or other documents to be filed, must be served on the parties and filed with the Court no later than 4:30 p.m., five (5) court days before the scheduled hearing.

CRITICAL

Applies to

Written court report

The supervising person or agency must serve the written court report on all parties at least 14 days before the scheduled 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

Proposed order

If an order is not completed and signed at the hearing, the court-directed drafting party must circulate the proposed order to all other parties.

If the order is not completed and signed at the hearing, the party directed by the court to prepare the order must circulate a proposed order to all other parties.

CRITICAL

When the specified issues are involved, both parties must serve 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

Deadline

5 court days

Applies to

Responsive documents

Responsive documents and any reports or other documents to be filed must be served on the parties by 4:30 p.m. five court days before the scheduled hearing.

All responsive documents, as well as any reports or other documents to be filed, must be served on the parties and filed with the Court no later than 4:30 p.m., five (5) court days before the scheduled hearing.

CRITICAL

Applies to

Responsive report

A party who disagrees with the supervising agency’s report must serve 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

A reasonableness hearing must be scheduled in the assigned department at a mutually convenient time, with at least 10 days’ notice to all named parties.

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.

CRITICAL

The party filing the Notice must send a copy to the assigned family law judge at the same time.

At the same time, the party filing the Notice shall send a copy to the assigned family law judge.

CRITICAL

When the specified financial issues are at issue, both parties must serve the Sealed Financial Source Documents 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 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.

CRITICALCivil cases

A party disputing the supervising agency’s report must serve 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.

CRITICALCivil cases

Deadline

2 court days

Reply documents and other documents to be filed must be served on the parties by 4:30 p.m. two court days before the hearing.

All reply documents, including any reports or other documents to be filed, must be served on the parties and filed with the Court no later than 4:30 p.m., two (2) court days before the scheduled hearing.

CRITICALCivil cases

Deadline

10 court days

Except for motions for revision of a commissioner’s order, copies of the specified domestic relations motions must be served on all parties and the court 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.

CRITICAL

Testimony may not be taken on the motion docket unless the opposing party receives 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.

CRITICALCivil cases

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

(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

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

CRITICALCivil cases

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)).

CRITICAL

Deadline

2 court days

Applies to

Reply documents

Reply documents and any reports or other documents to be filed must be served on the parties by 4:30 p.m. two court days before the scheduled hearing.

All reply documents, including any reports or other documents to be filed, must be served on the parties and filed with the Court no later than 4:30 p.m., two (2) court days before the scheduled hearing.

CRITICAL

Each party must supply the settlement conference statement to the other parties and the settlement conference judge at least ten days before the conference, and file proof of service with the Clerk.

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;

CRITICAL

Responses must be served 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,

CRITICAL

Deadline

5 court days

At least five court days before the hearing, the party seeking revision must deliver all other parties a list of the papers submitted or listed for the assigned judge.

Deliver to all other parties a list of all papers submitted to or listed for the assigned judge as required in section (5)(A) at least five (5) court days before the hearing.

WARNING

The party filing the Notice to Set must send a copy to the assigned family law judge at the same time.

At the same time, the party filing the Notice shall send a copy to the assigned family law judge.

WARNING

If the responding party fails to appear, the court may order an arrest when proof of service is shown and the required warning is in the order.

At the hearing, if the responding party fails to appear and upon showing of proof of service, and if the warning required above is in the order, the court may order an arrest.

WARNINGCivil cases

If the responding party fails to appear, the court may order arrest when proof of service is shown and the required warning is in the order; it may also order other requested remedies upon default even if a warrant is unauthorized.

Arrest or Other Remedies Upon Failure to Appear. At the hearing, if the responding party fails to appear and upon showing of proof of service, and if the warning required above is in the order, the court may order an arrest. Other requested remedies may also be ordered upon default, even if a warrant is not authorized.

WARNINGCivil cases

When practicable, the moving party should make a good-faith effort to notify the other party or counsel before seeking ex parte relief.

When practicable, the moving party should make a good faith effort to notify the other party or counsel before seeking ex parte relief.