Cowlitz County Superior Court Service and Proof of Service Rules

CRITICAL

Deadline

5 court days

Serve the declaration and supporting documents on opposing counsel or the unrepresented party and provide an additional copy to Superior Court Administration by 3:00 p.m. five court days before the conference.

The declaration and supporting documents shall be served on the opposing attorney or party, if not represented by an attorney, and an additional copy will be provided to the Superior Court Administration for the use of the presiding judicial officer conducting the settlement conference, no later than 3:00 p.m. five (5) court days prior to the scheduled conference.

CRITICAL

Deadline

4 court days

Responses must be served on all parties 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

The original motion and reply documents shall be filed with the Superior Court Clerk’s Office, a copy served on the opposing party/ies and a bench copy delivered to Superior Court Administration.

The original motion and reply documents shall be filed with the Superior Court Clerk’s Office, a copy served on the opposing party/ies and a bench copy delivered to Superior Court Administration.

CRITICAL

Applies to

Objection

Should any party believe the case is not yet ready for trial, they shall file and serve an objection.

Should any party believe the case is not yet ready for trial, they shall file and serve an objection.

CRITICAL

Deadline

9 court days

Motions must be served on all parties 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

For hearings under CrR 3.6 and CrR 8.3(c), the moving party must give notice to the opposing party before the hearing is noted.

No hearings pursuant to CrR 3.6 and CrR 8.3(c) may be noted until the moving party files the motion, affidavit, memorandum of authorities with the court and provides notice to the opposing party.

CRITICAL

Applies to

Request for transfer to arbitration and statement of arbitrability

The party requesting arbitration must serve the Request for Transfer to Arbitration and Statement of Arbitrability on the opposing party.

The party requesting arbitration shall serve a Request for Transfer to Arbitration and Statement of Arbitrability on the opposing party.

CRITICAL

The award filing must include proof of service on the parties.

(a) Form. The award shall be prepared on an Arbitration Award form approved by the Court and filed with the County Clerk, along with proof of service on the parties.

CRITICAL

Applies to

Response

A response must be filed in original and copy with the Superior Court Clerk's Office, then a copy delivered to Court Administration and the opposing party or their attorney.

The original and a copy of any response thereto shall be filed with the Superior Court Clerk's Office and thereafter a copy delivered to Court Administration, opposing party and/or their attorney, in accordance with CR 59.

CRITICAL

Domestic relations motions other than summary judgment motions must be served on all parties 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

Each time CCCA is appointed, the moving party must provide CCCA with the petition and notice of the next hearing’s date, time, and location.

Each time CCCA is appointed, a copy of the petition and a notice of the next scheduled hearing date, time, and location shall be provided to CCCA by the moving party.

CRITICAL

Applies to

Notice of appearance

Retained attorneys for criminal defendants must promptly serve written notice of appearance on the prosecuting attorney and file it with the clerk.

Attorneys representing defendants in criminal cases as a retained attorney must serve prompt written notice of their appearance upon the prosecuting attorney and file the same with the clerk of the court.

CRITICAL

If a hearing on an ex parte submission is approved, the party making the request must advise the other party of the hearing’s date and time.

If the hearing is approved by a judicial officer, then the party making the ex parte request shall need to advise the other party of the date and time of such hearing.

CRITICAL

Deadline

5 court days

Written motions other than those heard ex parte, hearing notices, and related pleadings must be served 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

3 court days

Responsive documents, reports, and other documents to be filed must be served on the parties 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

A party may subpoena CCCA staff or volunteers by serving them or the Program Director at least five days before the hearing, excluding Saturdays, Sundays, and legal holidays.

Any party may call the CCCA staff/volunteer as a witness in the proceeding. CCCA staff/volunteer may be compelled to attend by any party with the service of a subpoena for the CCCA staff/volunteer, made by service upon the staff/volunteer or by serving the CCCA Program Director, giving at least five (5) days' notice prior to the hearing, excluding Saturdays, Sundays, and legal holidays.

CRITICAL

Applies to

Response to request for transfer to arbitration

An objecting party must serve its response within ten days after service of the request.

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

Applies to

Trial setting notice

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

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

Applies to

Statement of arbitrability and response

The responding party must furnish or serve Superior Court Administration with a copy of the statement and response when filing.

A copy of the statement and response shall be furnished or served upon Superior Court Administration by the responding party at the time of filing.

CRITICAL

A copy of each proposed order must be provided to the other party or their attorney at least 7 days before the docket or decision date.

A copy of any proposed order(s) by either party shall be provided to the Court and to the other party, or their attorney, not less than seven (7) days prior to the docket/decision date.

CRITICAL

The arbitrator must notify the parties of any extension granted.

The arbitrator shall give the parties notice of any extension granted.

CRITICAL

Applies to

Motion

A person or agency requesting CCCA by motion must serve a copy on CCCA.

A request for CCCA may be made by motion filed by any person or agency and a copy served upon CCCA.

CRITICAL

Applies to

Docket notice adoptions

The moving party must serve and file a Docket Notice (Adoptions) using substantially the form available on the County Clerk’s website.

The moving party shall serve and file a Docket Notice (Adoptions) substantially in the form set forth at the County Clerk’s website, found at the following link: http://www.co.cowlitz.wa.us/158/Clerk-of-Superior-Court.

CRITICAL

Deadline

2 court days

Rebuttal documents, reports, and other documents to be filed must be served on the parties 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

An arbitrator must file the special award for expenses with the Clerk of the Superior Court and provide proof that each party was served.

The arbitrator shall make a special award for such expenses and shall file such award with the Clerk of the Superior Court with proof of service on each party.

CRITICAL

Deadline

2 court days

Replies must be served on all parties 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

Applies to

Ccca order

The CCCA order must be served on all parties or their attorneys of record.

The CCCA order will also be served upon all parties or their attorney of record.

CRITICAL

Responses must be 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

Replies must be 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

At filing, a copy must be delivered to Court Administration and the opposing party or their attorney.

At the time of filing a copy shall be delivered to Court Administration, the opposing party and/or their attorney.

WARNING

Service

Email to opposing party

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.