Cowlitz County Superior Court Document Filing Requirements

CRITICAL

Applies to

Complaint

A copy of the complaint and its resolution, or lack of resolution, must be forwarded to the Juvenile Court Administrator.

A copy of the complaint and the resolution, or lack of resolution, shall be forwarded to the Juvenile Court Administrator.

CRITICAL

Applies to

Response

A case will not be set for trial unless a response is filed, the rule is followed, and at least one party or attorney appears personally or contacts the Court by the start of the docket.

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

Applies to

Order

The moving party must prepare all orders.

All orders will be prepared by the moving party.

CRITICAL

Applies to

Proposed order of cancellation

Must include

proposed order

When a case settles, the parties must prepare and file a proposed Order of Cancellation.

When a case is settled, the parties shall prepare, file, and provide a copy to Superior Court Administration of a proposed Order of Cancellation (see https://www.cowlitzsuperiorcourt.us for the form “Strike Trial Date”)

CRITICAL

Applies to

Final pleadings

The Courthouse Facilitator, an attorney, or an LLLT must review all final pleadings and, if they appear appropriate, sign and file a Certificate of Completeness.

The Courthouse Facilitator, an attorney or Limited License Legal Technician (LLLT) shall review all final pleadings and, if they appear appropriate, shall sign and file a "Certificate of Completeness" to that effect.

CRITICAL

Applies to

Settlement record

A partial or full settlement must be recorded either in a CR 2A agreement signed by both parties and their attorneys or on the record in open court.

If the mandatory (pre-trial) settlement conference and/or mediation results in a partial or full settlement of the case, a record of the settlement shall be made, either by a written CR 2A settlement agreement, signed by both parties and their attorneys, or by placing the agreement on the record in open court.

CRITICAL

Applies to

Trial submission

Unless the Court orders otherwise, parties with a specific trial date must provide the trial judge motions in limine and proposed jury instructions by close of business on the Thursday before trial week.

Unless otherwise ordered by the Court, for all cases assigned a specific trial date the parties shall provide the trial judge motions in limine and proposed jury instructions by the close of business on the Thursday the week prior to trial.

CRITICAL

Applies to

Objection

The objecting party must file objections and the original proposed order with the Court at least two court days before the presentation date.

Objections, along with the original proposed order, shall be filed with the Court by the objecting party no less than two (2) court days prior to the presentation date.

CRITICAL

Applies to

Pleading motion or other paper filed with clerk

Pleadings, motions, and other papers filed with the Clerk must be dated by the person preparing them.

All pleadings, motions and other papers to be filed with the Clerk shall be dated by the lawyer, party or individual preparing the same.

CRITICAL

Applies to

Notice of appeal

For each claimed error, the appealing party must identify in writing the record count and the beginning and end of the relevant recorded proceedings.

The appealing party shall identify, in writing, as to each claimed error by reference to the numerical (digital) count on the electronic record as disclosed by the log, the beginning and the end of each portion of the recorded proceedings relevant to the claimed error.

CRITICAL

Applies to

Summary judgment motion

Summary judgments are heard on the regular motion calendar unless the parties or their attorneys anticipate a hearing exceeding 30 minutes, in which case the matter must be noted on the appropriate universal trial assignment docket for a special set hearing.

Summary judgments shall be heard during the Court's regularly scheduled motion calendar/docket; PROVIDED, if the parties or their attorneys anticipate that the matter may exceed 30 minutes, the matter must be noted on the appropriate universal trial assignment docket for a special set hearing time.

CRITICAL

Applies to

Ex parte document

Ex parte documents for the Court’s consideration are to be delivered to the Superior Court Clerk’s Office.

Ex parte documents to be considered by the Court will be delivered to the Superior Court Clerk’s Office.

CRITICAL

Applies to

Certificate of completeness

A final hearing will not be conducted unless the Certificate of Completeness is signed by the Courthouse Facilitator, an attorney, or an LLLT.

The Court will not conduct a final hearing in the matter unless the "Certificate of Completeness" has been signed by the Courthouse Facilitator, an attorney or a Limited License Legal Technician (LLLT).

CRITICAL

Applies to

Order appointing guardian ad litem or court visitor

In Title 26 cases, parties must use the Court's required Order Appointing a Guardian ad Litem or Court Visitor form.

Parties shall use the Order Appointing a Guardian ad Litem or Court Visitor in Title 26 cases in compliance with the Court's required form found at the following link: www.cowlitzsuperiorcourt.us.

CRITICAL

Applies to

Settlement declaration

Each party must prepare a statement or similar pleading identifying the remaining disputed issues and proposing how to resolve them.

Each party must complete a statement of family financial status, declaration, parenting plan or similar pleading detailing the remaining issues of dispute along with a proposal directed at resolving any remaining contested issue.

CRITICAL

Applies to

Pleading

The hard copy must include a note in the upper-right corner of its first page stating the date, time, and type of hearing or calendar docket.

A hard copy of any pleading filed less than seven (7) court days prior to a scheduled hearing must be provided to the assigned judge or, if no judge is yet assigned, to the Court Administration with a note in the upper right corner of the first page indicating the date, time and type of hearing/calendar docket.

CRITICAL

Applies to

Complaint

Complaints must be written, submitted to the Superior Court Administrator, and bear the filer’s signature, name, and address.

(2) Submission of Complaints: All complaints must be in writing and must be submitted to the Superior Court Administrator. All complaints must bear the signature, name and address of the person filing the complaint.

CRITICAL

Applies to

Certificate of mediation completion

The mediator must file a Certificate of Mediation Completion within seven days after mediation is completed.

Within seven (7) days of completion, a Certificate of Mediation Completion shall be filed by the mediator.

CRITICAL

Applies to

Order waiving mediation

An order waiving mediation must be filed before the case is set for trial.

An Order Waiving Mediation shall be filed with the Court prior to the case being set for trial.

CRITICAL

Applies to

Proposed findings and decree

At the start of a hearing on a default or uncontested dissolution, invalidity, legal separation, or parentage matter, the party’s attorney must present proposed Findings of Fact/Conclusions of Law and a Decree to the Court.

At the commencement of a hearing upon a default or uncontested dissolution, invalidity, legal separation, or parentage matter, the party’s attorney shall present to the Court proposed Findings of Fact/Conclusions of Law and Decree.

WARNING

Applies to

Application for waiver of minimum age to marry

Applicants must provide the information and supporting documentation prescribed by the guardian ad litem.

Applicants shall provide such information and supporting documentation as may be prescribed by the guardian ad litem.

WARNING

Applies to

Rejection notice

If the Clerk’s office cannot notify the filer of a rejection at filing, it must file a document identifying the rejected item, the reason for rejection, and the submitter.

If a pleading or other item is rejected by the Superior Court Clerk’s office and they are unable to notify the party at the time of filing a document or other item, then the Superior Court Clerk’s office shall file a document identifying the pleading or item that was rejected, the reason for the rejection, and the name of the person that submitted it for filing.

WARNING

Applies to

Late pleading

A late pleading may be considered if the written pleading itself states good cause for the delay.

Any late pleadings may be considered if good cause for the delay appears within those written pleadings.

WARNING

Applies to

Written motion

On an in-person criminal docket, a remote-appearance request requires an approved written motion stating the reason, whether the requesting party is more than 150 miles from the courthouse, the defendant’s outstanding-warrant status if the request is for a defendant, and the assigned deputy prosecutor’s position; the same process may be used for an alleged victim, witness, or other identified interested party.

If an in-person docket, the party or attorney submitted a written motion, including the reason for the request, whether the distance of the requesting party is more than 150 miles from the courthouse, (if the request is for a defendant) whether the defendant has any outstanding warrants, and whether or not the assigned deputy prosecutor agrees or disagrees with the request, and the request was approved by a judicial officer. This same process can be followed for an alleged victim, witness, or other identified interested party.

WARNING

Applies to

Investigation recommendations

Written recommendations from the investigation must be filed with the court upon completion of the investigation.

Upon completion of the investigation, written recommendations shall be filed with the court.

WARNING

Applies to

Certificate of mediation completion

The mediator must attach a separate document to the completion certificate advising counsel and the parties of the mediation results and recommendations.

Counsel and the parties shall be advised by the mediator, on a separate document attached to the Certificate of Mediation Completion, of the results and recommendations of the mediator.

WARNING

Applies to

Financial declaration

Each party must execute a financial declaration, and the Court must determine financial status before mediation begins to consider indigency.

Financial declarations shall be executed by each party and a Court determination of the financial status shall be made prior to the commencement of mediation for consideration of indigency.

WARNING

Applies to

Written motion

A written motion may request waiver or modification of the requirements of this rule.

The requirement of this rule can be waived or modified upon a written motion.

WARNING

Applies to

Copies of reported cases statutes or legal texts

Copies of reported cases, statutes, and legal texts must not be filed, but may be provided directly to the judge hearing the matter and all other parties.

Copies of reported cases, statutes or legal texts shall not be filed but may be furnished directly to the judge hearing the matter, and to all other parties.

WARNING

Applies to

Order to transfer to mandatory mediation

A refusal to sign the mediation transfer order must be noted on that order.

Such refusal to sign shall be noted on the Order to Transfer to Mandatory Mediation.

WARNING

Applies to

Application for waiver of minimum age to marry

Applications to waive the minimum age to marry must be made through the Superior Court Clerk’s Office.

Applications for waiver of minimum age to marry, pursuant to RCW 26.04.010, shall be made through the Superior Court Clerk’s Office.

WARNING

Applies to

Bench copy

Each bench copy must show the date, time, and type of hearing or calendar docket in the upper-right corner of its first page.

All bench copies must have in the upper right corner on the first page a notation of date, time and type of hearing/calendar docket.

WARNING

Applies to

Letter

A party or attorney may obtain a trial setting without appearing by furnishing a letter stating the intention not to appear and suggesting relevant scheduling information.

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

WARNING

Applies to

Settlement declaration

Supporting documents such as appraisals or bluebook printouts should be included with the declaration.

Appraisals, bluebook printouts, or other documents supporting contested issues should be included with the declaration.

WARNING

Applies to

Copies of interrogatories and similar items

Copies of interrogatories and similar items must not be filed unless accompanied by a directly related motion, such as a motion to compel.

Copies of interrogatories and similar items shall not be filed absent a motion directly related to those items (e.g., Motion to Compel).

WARNING

Applies to

Interpreter request

The request for an interpreter should include the following information: (i) Date, time, estimated length and type of hearing. (ii) Language or other type of interpreter needed (for specialized/indigenous languages please indicate the city and/or region where the limited English proficiency person is from).

The request for an interpreter should include the following information: (i) Date, time, estimated length and type of hearing. (ii) Language or other type of interpreter needed (for specialized/indigenous languages please indicate the city and/or region where the limited English proficiency person is from).

INFO

Applies to

Completion notice

A private mediator may file the notice of completion when private mediation is used to comply with the rule.

A private mediator may also file the notice of completion of mandatory (pre-trial) settlement conference if private mediation is used to comply with this rule.