Cowlitz County Superior Court Chambers Communication Rules

CRITICAL

All parties must promptly inform Court Administration of errors or changes to the notice list.

All parties have the obligation to inform Court Administration promptly of any errors or changes in this list.

CRITICAL

Contact

Email

A written interpreter request must be made at least two weeks before a hearing or trial and may be emailed; more notice is recommended for certain requests, and late requests may result in an unavailable interpreter or a continuance.

A written request must be made to the Interpreter Coordinator at least two weeks in advance if an interpreter is needed for a Superior Court hearing or trial. Requests can be emailed to the Interpreter Coordinator at Superiorcourtadministration@cowlitzwa.gov. (See Local Administrative Court Rule 10 for ex parte emailing rules and/or Superior Court's website at www.cowlitzsuperiorcourt.us for additional information). More advanced notice should be given for specialized and/or high demand languages, longer hearings or if multiple interpreters are needed. If these timelines are not followed, an interpreter may not be available for a hearing and may require the matter be continued to allow for the presence of an interpreter.

CRITICAL

If a case set for a mandatory pre-trial settlement conference settles or will not proceed, notice must immediately be given to Superior Court Administration and the Clerk’s Office, no later than the close of the next business day.

Whenever a cause has been set for Mandatory (Pre-trial) Settlement Conference and thereafter is settled or will not proceed for any reason, notice shall immediately be given to Superior Court Administration and the Clerk’s Office by the close of the next business day.

CRITICAL

Contact

Email

Email must not be used for ex parte contact: all parties must be included as recipients, and emails communicating substantive information to court staff must also go to all opposing attorneys or parties and say so on their face.

The prohibitions regarding ex parte contact with the Court are fully applicable to email communication. To avoid ex parte contact, all parties must be included in the email and appear as additional recipients in the email. If all parties are not included, the judge will not review the email or its content. If an attorney or party is communicating substantive information to court staff, the email must also be sent to all opposing attorneys/parties and so indicate on its face. Substantive information includes information regarding the likelihood of settlement, the timing of witnesses, anticipated problems with scheduling, concerns regarding security and other case-specific issues.

CRITICAL

At least one party or attorney must appear personally or contact the Court on or before the assignment docket begins for the case to be set for trial.

No cause appearing on the assignment docket will be set for trial unless there is a response filed, there is compliance with this rule, and at least one of the parties, or their attorney, either personally appears or contacts the Court on or before the commencement of the docket.

CRITICAL

The attorney for the moving party (whether original motion or cross-motion) shall notify the Clerk of the Court and Court Administration, no later than ten (10) court days preceding the date set for hearing and advise whether the motion will in fact be argued.

The attorney for the moving party (whether original motion or cross-motion) shall notify the Clerk of the Court and Court Administration, no later than ten (10) court days preceding the date set for hearing and advise whether the motion will in fact be argued.

CRITICAL

Contact

Email

Emails must not include editorial comments or argument and must provide the matter's time, date, and docket information.

There shall be no editorial, comment or argument included in the emails; however, information as to the time, date and docket of the matter must be provided.

CRITICAL

An arbitrator must immediately notify Superior Court Administration if the arbitrator refuses to serve or has a disqualification ground based on interest, relationship, bias, or prejudice.

An arbitrator must notify the Superior Court Administration immediately if refusing to serve or if any cause exists for the arbitrator's disqualification from the case upon any of the grounds of interest, relationship, bias or prejudice set forth in CJC Cannon (3) governing the disqualification of judges.

CRITICAL

If the allocated trial time is insufficient, the parties must promptly notify Court Administration of the shortfall and needed time, and set the matter on the trial-setting docket.

If it becomes apparent that the time allocated for a trial will not be adequate to complete the trial, the parties shall promptly notify Court Administration of that fact and of the time necessary to complete the trial. Additionally, the parties shall set the matter to the trial setting docket to adjust the time needed for trial.

CRITICAL

After proper notice, a trial date will be assigned if a party or attorney fails to appear and has not advised the Court in writing of unavailable trial dates.

If one or more parties (or their attorney) to the case fail to appear for trial setting, after being given proper notice of the application by the movant, and without advising the Court, in writing, of non-available trial dates, the trial date shall be assigned.

CRITICAL

An opposing party that wants to appear at a hearing on an ex parte submission must contact Court Administration to arrange a time.

If a party opposes the relief requested in the ex parte submission and wants to appear for a hearing on the ex parte submission, the opposing party shall contact Court Administration to arrange an appropriate time for a hearing.

CRITICAL

If the allocated trial time will be insufficient, the parties must promptly notify Court Administration and state how much additional time is needed.

If it becomes apparent that the time allocated for a trial will not be adequate to complete the trial, the parties shall promptly notify the Court Administration of that fact and of the time necessary to complete the trial.

CRITICAL

Contact

Email

When electronic bench copies are acceptable to the judicial officer or required by rule, all parties or their counsel must receive contemporaneous copies of the email.

When electronic bench copies of pleadings are acceptable to a judicial officer, or pursuant to rule, then then the following guidelines are to be followed. All parties, or their counsel, must be provided contemporaneous copies of the email.

CRITICAL

A party must notify the Court and the other parties of later updated or changed versions of a document previously sent by email.

A party must advise the Court and parties of any later updated or changed versions of a document previously sent via e-mail.

CRITICAL

The moving party must tell the Clerk and Court Administration at least five court days before the hearing whether the motion will involve testimony or argument; late notification may result in the motion being stricken for resetting.

The moving party (whether original motion or cross-motion) must confirm with the Clerk of the Court and Court Administration, no later than five (5) court days preceding the date set for hearing and advise whether the motion will in fact be testimony or argument. If such notification is not timely made, the motion may be stricken for resetting.

CRITICAL

Contact

Email

A copy of rebuttal documents must also be emailed to the judicial officer hearing the matter by 12 p.m. two court days before the scheduled hearing.

All rebuttal documents, including any reports or other documents to be filed, must be served on the parties and filed with the Clerk no later than 12 p.m., two (2) court days before the scheduled hearing, as well as a copy of such rebuttal documents emailed by that same time to the judicial officer hearing the matter.

CRITICAL

At least one party or their attorney must appear or contact the Court by the commencement of the assignment docket.

at least one of the parties or their attorney either appears or contacts the Court on or before the commencement of the docket.

WARNING

If confirmation has not been received, the requesting party should immediately contact the Interpreter Coordinator to verify receipt and interpreter availability.

A confirmation of the request for the interpreter will be sent to the requesting party by the Interpreter Coordinator within five days of receiving the request. If the requesting party has not received confirmation of the request for an interpreter, then the requesting party should immediately contact the Interpreter Coordinator to verify the request has been received and the necessary interpreter is available for the scheduled hearing.

WARNING

All parties must promptly inform Superior Court Administration of errors or changes in the list.

All parties have the obligation to inform Superior Court Administration promptly of any errors or changes in this list.

WARNING

Contact

Email

Motions in limine and proposed jury instructions may be emailed to the trial judge if the opposing party is included in the email.

Said motions and proposed jury instructions can be emailed to the trial judge provided the opposing party is included in the email.

WARNING

Contact

Email

Email may be used to provide information and deliver documents but is not a substitute for oral argument.

Email is another tool to provide information and deliver documents, but it is not intended to substitute as oral argument on any issues.

WARNING

A party or attorney may have a trial set without appearing personally by furnishing a letter to the file stating that intention and suggesting scheduling preferences, restrictions, estimated length, or other relevant information.

An attorney or party may have a trial set without personal appearance provided they furnish a letter to the file indicating their intention not to personally appear and suggesting time preferences, restrictions, estimated length or other relevant information.

WARNING

Contact

Email

Said motions should be emailed to the trial judge and opposing counsel, and the “original” filed with the Superior Court Clerk’s Office.

Said motions should be emailed to the trial judge and opposing counsel, and the “original” filed with the Superior Court Clerk’s Office.

WARNING

The Interpreter Coordinator must be notified immediately if a hearing is continued or set over; failure to notify at least two days before the hearing may result in a charge if the interpreter cannot be cancelled without a fee.

Immediately notify the Interpreter Coordinator if a hearing is continued or set over. Failure to do so at least two days before the hearing may result in the party being charged for the cost of the interpreter if the interpreter cannot be cancelled without a fee.

INFO

Contact

Email

Email communication with court staff is appropriate for the listed typical matters, including hearing dates, proposed orders or bench copies, availability, trial equipment, settlement notice, and similar matters.

Email communication with court staff is appropriate in the following typical situations: (i) To confirm a date for an in-court hearing; (ii) To submit proposed orders and/or bench copies of pleadings or trial aides; (iii) To determine the judge's availability; (iv) To determine the availability of equipment needed for trial (such as a projector, video/compact disc player or speaker phone); (v) To advise the Court of a settlement (to be immediately followed by formal written notice pursuant to CR 41(e)); (vi) Other matters of a similar nature that would be appropriate to handle by way of a phone call to court staff.