Cowlitz County Superior Court Pre-Motion Conference Requirements

CRITICAL

Participants must be prepared and participate in good faith; failing to provide necessary information or meaningful proposals is bad faith and may result in a sanction of at least $500.

All parties who participate in mandatory (pre-trial) settlement conferences and mediation, as mandated by the Court, shall be prepared to participate when scheduled and not squander this valuable resource. The parties shall participate in good faith; defined as appearing and participating in the conference with a common goal of resolving all issues. Failure to provide necessary information on any contested issues or provide any meaningful proposals for resolution shall constitute bad faith and shall be sanctionable by the presiding judicial officer of no less than $500.

CRITICAL

A settlement conference or formal mediation is mandatory in specified contested domestic-relations matters, may be requested in other family matters by agreement, and generally must occur at least 120 days before trial unless waived for good cause.

A mandatory (pre-trial) settlement conference (MSC) or formal mediation with a competent and/or Court approved provider is mandatory in all contested actions in which a dissolution/declaration of invalidity/legal separation of marriage or domestic partnership is sought, or any matter involving parenting plans (including but not limited to parentage/parenting plan establishments/modifications of existing parenting plans and other similar disputed parenting actions subject to this rule). Any proposed mediators shall be individuals or agencies with past legal education sufficient to understand and resolve all potential contested issues, adequate experience in family law related matters, or agencies equipped to capably address any issues in dispute. A mandatory (pre-trial) settlement conference or mediation service may be requested in any family law matter with the agreement of all parties. If mediation has not already occurred, a pre-trial settlement conference will be set at the same time as trial setting. The pre-trial settlement conference will be scheduled no less than 120 days before the scheduled trial. No trial will be heard unless the required mandatory pre-trial settlement conference or formal mediation has occurred or alternatively has been waived by a judicial officer for good cause.

CRITICAL

Parties and their attorneys, if represented, must attend the settlement conference or mediation in person unless the Court waives the appearance for good cause.

In person participation in the (pre- trial) mandatory settlement conference shall be mandatory for all parties and their attorneys, if represented. All parties and their attorneys, if represented, shall appear at the mandatory (pre-trial) settlement conference and/or mediation in person unless such appearance has been waived by the Court for good cause shown.

CRITICAL

The opposing party has 7 days to respond.

The opposing party shall have 7 days to respond.

WARNING

Motions must be set on a criminal motion calendar before the readiness hearing, except motions filed within 14 days of the readiness hearing are set on the readiness calendar.

The motion shall be set on one of the court’s two criminal motion calendars and shall be set prior to the readiness hearing; however, if the motion is filed within fourteen (14) days of the readiness hearing, it shall be set on the readiness calendar.