Cowlitz County Superior Court Filing Timing and Cure Windows

CRITICAL

Deadline

5 court days

Written motions other than those heard ex parte, hearing notices, and related pleadings must be filed by 5:00 p.m. five 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 5:00 p.m., five (5) court days before the time specified for the hearing, unless otherwise agreed by the parties.

CRITICAL

Deadline

2 court days

Rebuttal documents, reports, and other documents to be filed must be filed with the Clerk by 12 p.m. two court days before the 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

Once a response has been filed, the parties must request transfer to arbitration at any time the case meets the arbitration guidelines.

In every civil case after a response has been filed and at any time thereafter that a case meets Superior Court Civil Arbitration guidelines, the parties shall, upon the form approved by the Court (please find the form at www.cowlitzsuperiorcourt.us) request the case be transferred to arbitration.

CRITICAL

Deadline

3 court days

Responsive documents, reports, and other documents to be filed must be filed with the Clerk by 3 p.m. three court days before the scheduling 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 Clerk no later than 3 p.m., three (3) court days before the scheduling hearing.

CRITICAL

Deadline

3 court days

The Court will not consider a pleading filed after 3:00 p.m. three court days before the hearing deadline unless a copy is provided to the assigned judge.

The Court will not consider pleadings that are filed after 3:00 p.m. three (3) court days prior to hearing deadline if no copy is provided to the assigned judge.

CRITICAL

Deadline

4 court days

Responses must be filed by 3:00 p.m. four court days before the scheduled hearing.

Responses shall be filed and served on all parties no later than 3:00 p.m., four (4) court days before the time specified for the hearing.

CRITICAL

An endorsed copy of the Request for Transfer to Arbitration and Statement of Arbitrability must be provided promptly to the Superior Court Clerk’s Office.

An endorsed copy of the Request for Transfer to Arbitration and Statement of Arbitrability shall be promptly provided to the Superior Court Clerk’s Office and a bench copy to Superior Court Administration. Failure to provide the bench copy to Superior Court Administration may delay the starting of the arbitration process.

CRITICAL

Deadline

2 court days

Replies must be filed by 3:00 p.m. two court days before the hearing.

Replies shall be filed and served on all parties no later than 3:00 p.m., two (2) court days before the hearing.

CRITICAL

The clerk must accept the motion for filing and note its filing date and time on the motion.

The court clerk shall accept the filing of the motion and note upon it the date and time of filing.

WARNING

Deadline

3 court days

A pleading filed after 3:00 p.m. three court days before the hearing may be considered if the pleading itself shows good cause for the delay.

Pleadings filed later than 3:00 p.m. three (3) court days before the hearing may be considered if good cause for the delay appears within those pleadings.

WARNING

The Clerk's Office is not responsible for ensuring late pleadings are entered into the court file before the hearing.

The Clerk's Office will not be responsible for getting late pleadings into the court file prior to hearing.

CRITICAL

Deadline

3 court days

Motion-docket materials, except those for domestic relations, adoption, and summary judgment matters, must be filed by 10:00 a.m. at least three court days before the docket; late pleadings may be disregarded, result in a continuance, and lead to terms.

All materials to be considered on a motion docket, except domestic relations, adoption matters, and summary judgment motion, must be filed in the Clerk's Office not later than 10:00 a.m. at least three (3) court days preceding the docket in question. Those pleadings submitted after the deadline stated above may not be considered, at the discretion of the judicial officer, or possibly the case continued. If the case is continued because of the late pleadings, then the judicial officer may assess terms.

CRITICAL

Deadline

10 court days

The moving party’s attorney must give the required notice no later than 10 court days before the hearing; an untimely notice results in the motion being stricken from the docket.

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. If such notification is not timely made, the motion will be stricken from the docket.

CRITICAL

Responses must be filed and served on all parties by 3:00 p.m. 14 days before the hearing.

Responses shall be filed and served on all parties not later than 3:00 p.m., fourteen (14) days before the time specified for the hearing.

CRITICAL

The completeness-review meeting must occur at least five days before the scheduled hearing.

When a party is proceeding without representation by an attorney, the party shall schedule and meet with the Court Facilitator or a Limited License Legal Technician to review the final pleadings and required forms for completeness at least five (5) days prior to the scheduled hearing date.

CRITICAL

The Defendant must file the completed form with the Clerk’s Office by the trial assignment hearing.

No later than the trial assignment hearing, the Defendant shall file with the Clerk’s Office, a completed “Defendant’s Advice of Rights and Options” form.

CRITICAL

Unless the Court orders otherwise, motions in limine and proposed jury instructions are due to the trial judge 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

Deadline

5 court days

The proposed-order copy is due at least five court days before the presentation date.

A copy of the proposed order shall be provided to the Court and to the other party, or their attorney, no less than five (5) court days prior to the presentation date.

CRITICAL

The moving party must file all documents at least 14 days before the hearing date cited.

The moving party must file all documents at least 14 days prior to the date cited for the hearing.

CRITICAL

The certificate must be filed within seven days of mediation completion.

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

CRITICAL

Proposed jury instructions are due to the court on the first day of trial.

Proposed jury instructions shall be provided to the court on the first day of trial.

CRITICAL

A party objecting to the request must file a response within ten days after service.

Any party disagreeing with the Request for Transfer to Arbitration and Statement of Arbitrability shall file and serve a response stating their objections within ten (10) days of service.

CRITICAL

For the Court to consider a late pleading, a hard copy must be provided to the assigned judge by noon on the prior judicial day.

The Court may only consider late pleadings if a hard copy is provided to the assigned judge by 12:00 p.m. on the prior judicial day.

CRITICAL

A motion for reconsideration must meet CR 59's time limits and be filed with the Superior Court Clerk's Office.

The motion must be made within the time limits set forth in CR 59 and shall be filed with the Superior Court Clerk's Office.

CRITICAL

Domestic relations motions other than summary judgment motions must be filed no later than 21 days before the hearing.

All domestic relations motions, other than summary judgment motions, shall be filed and served upon all parties not later than twenty-one (21) days before the time specified for the hearing.

CRITICAL

The 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

Deadline

5 court days

For an uncontested adoption hearing, the requesting party must note the matter and file all supporting pleadings and documents at least five court days before the hearing.

In all uncontested hearings the requesting party shall note the matter and file all supporting pleadings and/or documents a minimum of five (5) court days prior to the day of hearing.

CRITICAL

An unrepresented party must provide the required check and completed adoption forms at least five days before the scheduled hearing.

When a party is proceeding without representation by an attorney, the party must, five (5) days prior to the scheduled hearing date to complete the adoption, must i) provide to the Court Clerk’s Office a check in the amount to cover the total costs to finalize the adoption. The costs are to include the amount needed by the Court Clerk’s Office to send the documents to the State of Washington and for any requested certified copies of the final Decree of Adoption; ii) provide a completed Application for Adoption Registration form that will be provided to the State of Washington, and/or other appropriate state, if applicable; and iii) provide a completed Adoption Data Card (for adoptees per RCW 26.33.300).

CRITICAL

If no party seeks a trial de novo, any party may present a judgment on the award at the Ex Parte Docket on notice under SCCAR 6.3, no sooner than 20 days after the award is entered.

Presentation. A judgment on an award shall be presented at the Ex Parte Docket by any party on notice in accordance with SCCAR 6.3 no sooner than twenty (20) days after the award is entered if no party has sought a trial de novo.

CRITICAL

The check for adoption-finalization costs is due at least five days before the scheduled hearing.

When a party is proceeding without representation by an attorney, the party must, five (5) days prior to the scheduled hearing date to complete the adoption, must i) provide to the Court Clerk’s Office a check in the amount to cover the total costs to finalize the adoption. The costs are to include the amount needed by the Court Clerk’s Office to send the documents to the State of Washington and for any requested certified copies of the final Decree of Adoption;

CRITICAL

The required notice must be given no later than the close of the next business day after the case settles or will not proceed.

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

After a qualifying response is filed, the petitioner must immediately note the proceeding for mediation and trial setting using court-prescribed forms.

Upon the filing of a Response to the Petition which contests a parenting plan, child custody or visitation, making the proceeding subject to these rules, the Petitioner shall immediately note the proceeding for mandatory mediation and trial setting on forms prescribed by the Court.

CRITICAL

Unless the Court orders otherwise, parties must provide motions in limine to the trial judge by close of business on the day of the criminal readiness hearing.

Unless otherwise ordered by the Court, for all cases assigned a specific trial date at the criminal readiness hearing, the parties shall provide the trial judge motions in limine by the close of business on the day of the readiness hearing.

CRITICAL

The Court may not consider documents filed after the applicable deadline, whether agreed to by the parties or not, unless the matter is an initial shelter care matter or a showing establishes that an emergency necessitated late filing.

The Court may not consider any documents, agreed to by the parties or not, filed after this time 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.

CRITICAL

Replies must be filed and served on all parties by 3:00 p.m. 7 days before the hearing.

Replies shall be filed and served on all parties not later than 3:00 p.m., seven (7) days before the hearing.

CRITICAL

The moving party must file proof of service of the trial setting notice with the Clerk before the trial-setting docket.

Proof of service of the trial setting notice shall be filed with the Clerk by the moving party prior to the time of trial setting.

CRITICAL

Deadline

9 court days

Motions must be filed no later than nine court days before the scheduled hearing.

All motions shall be filed and served upon all parties no later than nine (9) court days before the time specified for the hearing.

CRITICAL

The arbitrator must submit the payment requests within 60 days after the award is filed.

within sixty (60) days of the filing of the award.

CRITICAL

Deadline

2 court days

Objections and the original proposed order must be filed 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

Deadline

3 court days

For an in-person docket, the written remote-appearance request must be submitted at least three court days before the hearing.

If an in-person docket, the party or attorney obtained approval by a judicial officer to appear remotely for a docket through Court Administration by a written request on the court approved form, submitted at least three (3) court days prior to the day of the hearing.

CRITICAL

The written motion for prior approval to appear remotely in a jury trial must be made at least 21 days before the first day of trial.

If a jury trial, the party or attorney obtained prior approval, by way of written motion, at least twenty-one (21) days prior to the first day of trial.

CRITICAL

An aggrieved party has ten days after the expense award is filed to appeal; if no party appeals within that period, judgment is entered under SCCAR 6.3.

The aggrieved party shall have ten (10) days thereafter to appeal the award of such expenses in accordance with the procedures described in RCW 2.24.050. If, within ten (10) days after the award is filed, no party appeals, a judgment shall be entered in a manner described generally under SCCAR 6.3.

CRITICAL

Deadline

5 working days

The CCCA representative must submit a written report at least five working days before each dispositional or review hearing, absent special circumstances or a judge’s excuse.

The CCCA representative shall, absent special circumstances or unless excused by the judge, submit a written report at least five (5) working days prior to each dispositional or review hearing involving the child(ren).

WARNING

The objecting party may file objections to proposed orders at least 5 days before the presentation date.

Objections may be filed with the Court by the objecting party not less than five (5) days prior to the presentation date.

WARNING

Deadline

10 business days

A guardian ad litem or court visitor must provide a written response within 10 business days that addresses the specific issues identified by the Committee.

(c) make a finding that the complaint appears to have merit and request a written response from the guardian ad litem or court visitor within 10 business days, detailing the specific issues in the complaint to which the Committee desires a response.