Douglas County Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • At Least 5 Court Days Before Hearing
Motion for Reconsideration, Note for Motion Calendar, Response
- Upon Filing
Summary Judgment Motions
- Upon Filing
Adjournments
- A stipulation or motion to continue a case on the trial calendar must be written, supported by a declaration showing sufficient grounds, and accompanied by a written order for entry.
- A continuance may be included among the terms or sanctions imposed when late material is offered over objection, if a continuance is requested.
- The court may extend the time for presenting documents for good cause shown.
- +1 more
Request must include
Communication
Phone
Chambers
Phone
Fax
Page & Word Limits1 rule
Absent prior court authorization, supporting declarations and affidavits, including any reply, are limited to 25 pages total, and response declarations and affidavits are limited to 20 pages total. The stated exclusions apply; this section does not apply to domestic violence petitions or motions.
- Supporting declarations and reply
- Up to 25 pages in total
- Response declarations
- Up to 20 pages in total
Court's wording
(a) Application. This section (5) of this rule does not apply to domestic violence petitions or domestic violence motions. (b) Children's statements. Declarations by minors are disfavored. (c) Format: All filed documents, including declarations and affidavits, shall be legible. If typed or computer printed, documents shall be in 12 point or larger type, double- spaced between the lines. (d) Page limits. (i.) Generally. Absent prior authorization from the court, the entirety of all declarations and affidavits from the parties and any non-expert witnesses in support of motions (except financial declarations), including any reply, shall be limited to a sum total of twenty-five (25) pages. The entirety of all declarations and affidavits submitted in response to motions shall be limited to a sum total of twenty (20) pages. (ii.) Exhibits. Exhibits that consist of printouts of text messages or e-mails, or declarations or affidavits of parties or witnesses shall count towards the above page limit. All other exhibits attached to a declaration or affidavit shall not be counted toward the page limit. (iii.) Financial Declarations. Financial Declarations and financial documents do not count toward the page limit. (iv.) Expert Reports and Evaluations. Declarations, affidavits, and reports from Court Appointed Special Advocates (CASA), Guardians Ad Litem (GAL) and expert witnesses do not count toward the page limit. (v.) Miscellaneous Exceptions. Copies of declarations or affidavits previously filed for a motion already ruled upon and supplied only as a convenience to the court in lieu of the court file do not count toward the page limit. Deposition excerpts shall not count toward the page limit.
Document Format Requirements11 rules
Documents or copies thereof produced during discovery and other items which should properly be received as exhibits rather than as a part of the court file shall not be included in the court file.
Photocopies of reported cases, statutes or texts shall not be filed as an appendix to a brief or otherwise
Any order for a pre-trial conference shall be in the form of and include the provisions as set forth in the Exhibit "A" attached to this rule.
A pre-trial order in the form of Exhibit "B" attached to this rule shall be prepared by counsel within ten (10) days after the conclusion of the pre- trial conference.
- Pretrial order
Formatting
- •Must be in the form of Exhibit B attached to the rule
Where depositions or interrogatories are a part of the evidence relied upon, counsel's affidavits, briefs and arguments must cite the depositions or interrogatories by page and line.
A motion for order to show cause for temporary support shall be supported by a child support worksheet in the form prescribed by state law
The adopted habeas corpus forms may not be altered, and law enforcement will not accept obsolete or altered forms.
Court's wording
The following forms are adopted by this Local Rule of the Douglas County Superior Court: Order to Issue Writ of Habeas Corpus and Warrant in Aid of Writ Writ of Habeas Corpus Warrant in Aid of Writ of Habeas Corpus The text of the above forms may not be altered. Obsolete or altered forms will not be accepted by law enforcement.
Each faxed document shall indicate the date and time sent.
Proposed, Temporary and Permanent Parenting plans shall be in the form required by State law. Proposed temporary parenting plans need not have the dispute resolution and decision making sections completed.
All show cause hearings pertaining to request for temporary support money and/or attorney's fees shall be heard and determined by documentary evidence only, unless the parties request that oral testimony be given and the court in its discretion agrees.
All filed documents must be legible; typed or computer-printed documents must use at least 12-point type and be double-spaced. This section does not apply to domestic violence petitions or motions.
- Font size
- At least 12 points
- Line spacing
- Double
Formatting
- •All filed documents, including declarations and affidavits, must be legible
Court's wording
(a) Application. This section (5) of this rule does not apply to domestic violence petitions or domestic violence motions. (b) Children's statements. Declarations by minors are disfavored. (c) Format: All filed documents, including declarations and affidavits, shall be legible. If typed or computer printed, documents shall be in 12 point or larger type, double- spaced between the lines.
Document Filing Requirements57 rules
Each new civil and domestic case filing shall be accompanied by a Case Information Cover Sheet prepared and submitted by the party filing said new civil or domestic case.
The note must contain the title of the court; the date, the time when the same shall be heard; the words "Note for Motion", the names of the attorneys for all parties or parties pro se; the nature of the motion; and by whom the motion is made.
Any document or correspondence presented to the Court for filing which does not have the correct cause number on the face of such document or correspondence may not be filed and may be returned to the presenter.
A pre-trial order in the form of Exhibit "B" attached to this rule shall be prepared by counsel within ten (10) days after the conclusion of the pre- trial conference.
Parties shall notify the trial judge and the opposing party by letter if that party anticipates offering 25 exhibits or more at time of trial.
The note or other document shall provide a certificate of mailing of all documents relating to the motion.
This note for motion must be signed by the attorney or party pro se filing the same, with the designation of the party represented.
The attorney in charge must serve the assigned judge and opposing counsel with a letter covering the listed settlement issues at least three days before the conference.
Court's wording
The attorney personally in charge of each party's case shall personally attend all settlement conferences and shall, not less than three (3) days prior to the date set for the settlement conference, serve on the assigned judge and the attorney for the opposing party a letter succinctly addressing the following: a. A brief factual summary; b. Issues regarding liability; c. Issues regarding damages, both special d. and general; e. History of any settlement negotiations; and f. Current position on settlement.
When presenting video depositions, a written deposition must also be filed.
Any motion for summary judgment or responsive pleadings to a motion for summary judgment shall list and identify all evidence the Court should consider.
In cases tried to the court, findings of fact, conclusions of law and a proposed judgment shall be presented within twenty (20) days of the court's oral or memorandum decision; provided however, that in the event post-trial motions are filed, the twenty (20) days shall run from the date of ruling on such motions.
Counsel must provide proposed findings and conclusions before trial, except that they are not required in domestic cases unless the court requires them or the parties choose to submit them.
Court's wording
In all actions tried to the court, counsel for each party shall, two days prior to trial, provide the Court and opposing counsel with proposed findings of fact and conclusions of law. Provided, that proposed findings and conclusions are not required in domestic cases of any kind, except that the court may, at its discretion, require proposed findings and conclusions, in a particular case or the parties may voluntarily submit such findings and conclusions.
If findings, conclusions, and a proposed judgment are presented more than 20 days after the oral decision, the presenting party must prepare and file a transcript if the court requests it.
Court's wording
In the event that said findings of fact, conclusions of law and the proposed judgment are presented to the court in excess of twenty (20) days of the court's oral decision, the party presenting such findings of fact, conclusions of law and proposed judgment shall, if requested by the court, prepare and file a transcript of the court's oral decision.
No judgment on a promissory note will be signed until the original note has been filed with the Clerk, absent proof of loss or destruction.
A motion for reconsideration or for a new trial shall be submitted on briefs and declarations or affidavits only, without oral argument, unless the trial judge, on application from counsel or on the judge's own motion, allows oral argument. The judge will notify counsel if oral argument is to be allowed.
The specific action required of the Clerk shall be stated with particularity in the body of the pleading or other paper requiring action on the part of the Clerk.
- Document
- Action document
- Placement
- Body of the document
Action documents shall include a special caption directly below the case number on the first page such as "Clerk's Action Required".
- Document
- Action document
- Placement
- Caption
The Clerk shall not place any case on the non-contested calendar unless proof is filed that summons was served more than ninety (90) days before the date selected for hearing or that the case has been on file more than ninety (90) days and both parties have submitted to the jurisdiction of the court.
The jurisdictional testimony and other testimony in support of the dissolution must be done in affidavit form and verified.
A case may be placed on the non-contested calendar only if the file shows a notarized joinder, a waiver of notice or consent to the hearing date, or an application for or entry of default.
Court's wording
The Clerk shall not place any case on the non-contested calendar unless the file shows one of the following: (a) The opposing party has joined in the petition for dissolution of marriage and his or her signature is notarized on the joinder; or (b) The opposing party has waived notice or has signed a consent to hearing on the date noted; or (c) An order for default has been applied for or entered.
For the judge to sign documents in a non-contested dissolution, the parties must execute all documents and have their signatures notarized, including any adverse party's joinder.
Court's wording
Non contested dissolution cases may also be presented to the Superior Court Judge in Chambers without the appearance of either party. For the Superior Court Judge to sign a non contested Decree of Dissolution, Legal Separation or other document, the parties must have executed all documents and have their signatures notarized, including any Joinder executed by the adverse party.
Before a decree is entered, a party may move to withdraw any consent or waiver previously given. Such motion must be supported by affidavit showing good cause and shall be noted for hearing on the show cause calendar.
Stipulations or motions to continue a case already on the trial calendar must be in writing, supported by a declaration showing sufficient grounds for the requested continuance. The moving party shall present a written order for entry.
If one of the parties is seeking maintenance or child support, both parties shall complete the financial declaration contained in Form A.
At the time of hearing of a non-contested dissolution case, the necessary documents to be signed must be presented to the court for signature. If signed they shall be filed with the Clerk forthwith.
A dissolution decree must dispose of all jurisdictional property, liability, and spousal support issues, except that for good cause the court may retain jurisdiction over parenting and child support issues.
Court's wording
No decree of dissolution shall be entered unless the decree disposes of all issues over which the court has jurisdiction relating to disposition of property and liabilities of the parties and support or maintenance of either spouse. For good cause shown, the court may in its discretion enter a decree of dissolution stating that it retains jurisdiction to dispose of issues relating to parenting and child support.
The pretrial forms shall not be filed with the Clerk.
If the parties are in dispute as to the distribution of assets and debts, both parties shall complete Form LC 94.04 Exhibit B.
Each copy of a dissolution decree or order delivered or mailed to the opposing party or counsel must show the date of entry, and a declaration of mailing must be filed.
Court's wording
When any decree or order is filed in a dissolution matter, the attorney for the party presenting the order, or the party if the matter is presented pro se, shall immediately deliver or mail to the opposing party to the opposing party's last known address, or to opposing counsel, a true copy of the decree or order with the date of entry indicated on each copy. A declaration of mailing of such true copy shall be filed.
For domestic-relations final hearings or trials, each party must provide and serve a written statement at least three days before trial covering the listed issues and information.
Court's wording
In all final hearings or trials in domestic relations matters, each party shall provide to the judge or commissioner and serve on the opposing party a written statement as to the issues in controversy at least three days prior to trial. The written statement may be in any form chosen by the attorney to convey the following: (a) A brief factual summary; (b) Issues in dispute [whether property, debts or custody]; (c) Case law, if it will be argued, supporting your position; (d) Proposed distribution of assets, debts and proposed parenting plan and child support amount, if in dispute; (e) Areas of agreement.
A temporary-support show-cause motion must include a signed child support worksheet, and may also include the specified financial declaration.
Court's wording
Supporting Worksheet. A motion for order to show cause for temporary support shall be supported by a child support worksheet in the form prescribed by state law and may also include a financial declaration in the form designated in Exhibit A attached to this rule. No order shall be signed setting a show cause hearing for temporary support unless the signed worksheet accompanies the motion.
A Habeas Corpus must be commenced by the filing of a signed and verified Petition. The Petition must set forth the information required by RCW 7.36.030. A mandatory Petition form has not been adopted.
In request to have law enforcement assist in procuring a child or individual that petitioner alleges is being held in violation of a court order, custody decree or other lawful proceeding shall be done by writ of habeas corpus.
The Order to Issue Writ must be signed by a Judge/Court Commissioner and filed with the clerk of the Superior Court. Obtain a certified copy of the Order to Issue Writ at the time of filing, as the certified copy will be necessary for the Sheriff’s office.
All documents required by 98.04(B) shall be presented in the mailing.
B. Contents of File for Ex Parte Presentation. The following documents will be presented before ex parte presentation. (1) Original will. (2) Affidavits of subscribing witnesses. (3) Certified copy of Death Certificate. (4) Order admitting will to probate or order appointing administrator if petition is by surviving spouse. (5) Petition for order of solvency if solvency is requested. (6) An inventory or partial inventory of assets and debts sufficient to prove solvency. (7) An order of solvency.
Covering Letter. All documents shall be accompanied by a covering letter of explanation personally signed by the presenter and shall request the Clerk to deliver the documents to a Judge or a Court Commissioner for signing.
In addition, written consent shall be required of any child over 14 years of age.
All documents shall bear the personal original signature of counsel or party pro se presenting same.
envelope bearing sufficient postage paid shall be included for the return of any requested conformed copies.
Persons listed on the registry shall reapply and update background information annually on a date specified for the registry.
Applicants must annually use the court’s current form and provide the listed information and agreements to seek placement on the Guardian Ad Litem Registry.
Court's wording
Each person requesting to be listed on the Guardian Ad Litem Registry (or registries) shall annually submit an application on the current form provided by the court, which shall include the following: 3.1 The name, business address, and telephone number of the applicant. 3.2 The level of formal education of the applicant and, if the applicant is an attorney, the year admitted to practice in Washington State and any other States in which the attorney is licensed to practice. 3.3 A listing of training relating the GAL's duties. 3.4 The number of years experience as a GAL. 3.5 The number of appointments as a GAL and the County or Counties of appointment. 3.6 The applicant's criminal history as defined by RCW 9.94A.030. 3.7 Evidence of the person's knowledge, training, and experience. 3.8 A statement describing the nature, status, and outcome of any complaints, investigations, disciplinary actions, lawsuits, or liability claims lodged against the GAL related to the persons duties as a GAL and any orders for removal of the GAL entered prior to the completion of the GAL's duties for any reason other than a conflict of interest where the GAL had no prior knowledge that the conflict existed. 3.9 A description of the fees charged by the applicant (hourly rate and any required retainer) and a statement of the applicant's willingness to accept cases on a reduced fee basis. 3.10 Agreement to advise the court immediately in the event of any complaint, investigation, or action being commenced related to the applicants duties as a GAL in the instant or any other case which could lead to: 1. Discipline of the applicant; 2. The suspension or revocation of the applicant's professional license(s). 3.11 Agreement to advise the court immediately upon the filing of criminal charges for a felony or a crime involving allegations of theft, dishonesty, or moral turpitude.
If the complaint appears to have merit, the Committee must request a written GAL response addressing specified issues and provide the GAL a copy of the complaint.
Court's wording
Make a finding that the complaint does appear to have merit and request a written response from the GAL within 10 business days, detailing the specific issues in the complaint to which the Committee desires a response. The Committee shall provide the GAL with a copy of the original complaint.
All complaints must be in writing and must be submitted to the Superior Court Presiding Judge.
The complainant and the GAL shall be notified in writing of the Committee's decision within 10 business days of receipt of the GAL response.
All fee requests by the GAL submitted to the court shall contain time records, which distinguished investigative/legal, administrative/clerical, and travel time and shall also be served upon the parties.
Each order appointing GAL shall set forth the hourly rate of compensation for the investigative/legal work; source of payment, if determined; and unless waived, shall require the GAL to seek court authorization to provide services in excess of fifty hours per case, not including court appearances.
Upon receipt of a Notice of Appointment that has been accepted, the requesting attorney shall see that an Order of Appointment is filed with the Court.
The defendant's presentence report which requests a sentence outside of the standard range shall outline any proposed programs, specifically state, among the other details, what community resources are available for implementation of the program.
If there is no dispute regarding omnibus requests, the motion shall be signed by both parties and presented to the Court ex parte for signature before date of omnibus hearing.
If the defendant is not requesting a sentence outside of the standard range, the defense presentence report shall indicate the recommended sentence, the type of program that should be afforded the defendant, and reasons therefore.
A motion for an order to show cause for temporary support must include a signed child support worksheet in the state-prescribed form; it may also include the Exhibit A financial declaration.
Court's wording
A motion for order to show cause for temporary support shall be supported by a child support worksheet in the form prescribed by state law and may also include a financial declaration in the form designated in Exhibit A attached to this rule. No order shall be signed setting a show cause hearing for temporary support unless the signed worksheet accompanies the motion.
A self-represented party's non-contested-calendar hearing notice must be accompanied by pre-approved proposed final pleadings, including the listed applicable documents, or the Clerk will not place the case on the calendar.
Court's wording
A notice of hearing on the non-contested calendar by a self-represented party shall be accompanied by pleadings which the party proposes to submit to the court as final orders that have been pre-approved by the Chelan County Family Court Navigator, a Chelan County Court Facilitator, Douglas County Court Facilitator, a Limited License Legal Technician, or private attorney. Such proposed pleadings shall include Findings of Fact and Conclusions of Law or Waiver of same signed by all parties, Final Divorce Order, Parenting Plan and/or Residential Schedule, Child Support Worksheets, Order of Child Support, and a Residential Time Summary, where applicable. The Clerk shall not place any case on the non-contested calendar upon application by any self-represented party unless it is accompanied by the party's pre-approved, proposed pleadings.
The documents should include a Note for Motion, the motion and supporting documents.
Requesting Attorney - Send a letter to the registry administrator requesting the appointment of a GAL. The letter should state the name of the case the GAL is for, the case number, and a brief outlining of the case. The outline should provide sufficient information for the prospective GAL to make a determination as to whether or not he or
Defendants who request appointment of counsel may be required to promptly execute and file a financial disclosure under oath, which shall substantially comply with the form set forth in Exhibit A, or the defendant may be required to provide the information orally to the court.
The tax identification number or social security number of the ward should be included in any order where the Clerk of the Court is required to invest funds.
Filing & Service rules
Electronic Filing Rules
Filing documents with the Court by facsimile must comply with General Rule 17.
Filing by facsimile with the Court, and serving parties by facsimile, shall be pursuant to General Rule 17.
Page 3 | LR 7(E)
An original probate application may be presented by mail, subject to the stated conditions.
C. Presentation by Mail. An original probate application may be presented by mail under the following conditions.
Page 10 | LR 98.04 ESTATES - PROBATE
Douglas County law enforcement officials may transmit search- or arrest-warrant motions, affidavits, and orders to the Superior Court by fax or other digital transmission.
Law enforcement officials in Douglas County may send by Fax machine or other digital transmission a motion, affidavit and order for a search warrant or an arrest warrant to the Superior Court in Waterville.
Page 15 | LCrR 2.2 Warrant of Arrest and Summons
Filing Timing and Cure Windows
For pretrial motions other than motions for summary judgment, the motion must be filed with the Clerk and served on all parties and the Judge at least five court days before the hearing date.
Any party desiring to bring any motion prior to trial, other than a motion for summary judgment, must file with the Clerk and serve all parties and the Judge at least five (5) court days before the date fixed for such hearing.
Page 2 | LR 7 PLEADINGS ALLOWED; FORM OF MOTIONS
Responding documents and briefs must be filed with the Clerk by noon two court days before the hearing.
Responding documents and briefs must be filed with the Clerk and copies served on all parties and the Judge of Douglas County, no later than noon (2) court days prior to the hearing.
Page 3 | LR 7
Additional responding or reply documents must be filed with the Clerk by noon the court day before the hearing.
Copies of any additional responding or reply documents must be filed with the Clerk and served on all parties no later than noon of the court day prior to the hearing.
Page 3 | LR 7
The notice about anticipated trial exhibits must be given at least two weeks before trial.
Said notice shall be given no less than 2 weeks prior to the trial date.
Page 3 | LR 16(e)
Unless the parties stipulate otherwise or the Court orders otherwise upon good cause and just terms, discovery must be completed at least 35 calendar days before trial.
Unless otherwise stipulated to by the parties, or ordered by the Court upon good cause shown and such terms and conditions as are just, all discovery allowed under CR 26 through 37, including responses and supplementations thereto, must be completed no later than 35 calendar days prior to the date assigned for trial.
Page 4 | LR 37(f)
Over opposing counsel's objection, late-offered material may not be accepted or considered unless the court imposes appropriate terms or sanctions, which may include a continuance if requested.
ANY MATERIAL OFFERED AT A TIME LATER THAN REQUIRED BY THIS RULE OVER OBJECTION OF COUNSEL SHALL NOT BE ACCEPTED AND CONSIDERED BY THE COURT EXCEPT UPON THE IMPOSITION OF APPROPRIATE TERMS OR SANCTIONS, INCLUDING THE RIGHT TO A CONTINUANCE IF REQUESTED.
Page 5 | LR 56 Summary Judgment, (j) Service and Filing
In court-tried cases, findings, conclusions, and a proposed judgment are due within 20 days of the court's decision, with the deadline running from the ruling on post-trial motions if any are filed.
In cases tried to the court, findings of fact, conclusions of law and a proposed judgment shall be presented within twenty (20) days of the court's oral or memorandum decision; provided however, that in the event post-trial motions are filed, the twenty (20) days shall run from the date of ruling on such motions.
Page 5 | LR 52 Decisions, Findings and Conclusions
Proposed findings and conclusions are due two days before trial; they are not required in domestic cases unless required by the court or submitted voluntarily by the parties.
In all actions tried to the court, counsel for each party shall, two days prior to trial, provide the Court and opposing counsel with proposed findings of fact and conclusions of law. Provided, that proposed findings and conclusions are not required in domestic cases of any kind, except that the court may, at its discretion, require proposed findings and conclusions, in a particular case or the parties may voluntarily submit such findings and conclusions.
Page 5 | LR 52 Decisions, Findings and Conclusions
A notice of hearing for the non-contested calendar must be filed with the Clerk at least three court days before the hearing.
A notice of hearing on the non-contested calendar must be filed with the Clerk at least three court days before the date of hearing.
Page 7 | LR 94.04 A(2) NOTE FOR NON-CONTESTED CALENDAR
Documents signed by the court must be filed with the Clerk forthwith.
If signed they shall be filed with the Clerk forthwith.
Page 8 | LR 94.04 A(5) ENTRY OF DECREE
A GAL must provide the requested response within 10 business days; failure to do so results in immediate suspension from all registries.
Make a finding that the complaint does appear to have merit and request a written response from the GAL within 10 business days, detailing the specific issues in the complaint to which the Committee desires a response. The Committee shall provide the GAL with a copy of the original complaint. A GAL's failure to respond within the required 10 business days will result in the immediate suspension of the GAL from all registries.
Page 13 | LR 98.10 Douglas County Superior Court Guardian ad Litem Rotational Registry
The Presiding Judge must convene the Complaint Review Committee within 10 business days after receiving a written complaint.
Upon receipt of a written complaint, the Presiding Judge shall convene the Complaint Review Committee within 10 business days to review the complaint.
Page 13 | LR 98.10 Douglas County Superior Court Guardian ad Litem Rotational Registry
Upon receipt of a written response to a complaint from the GAL, the Complaint Review Committee shall, within 10 business days, make a finding as to each of the issues delineated in the Committee's letter to the GAL that either there is no merit to the issues based upon the GAL's response or that there is merit to the issue.
Upon receipt of a written response to a complaint from the GAL, the Complaint Review Committee shall, within 10 business days, make a finding as to each of the issues delineated in the Committee's letter to the GAL that either there is no merit to the issues based upon the GAL's response or that there is merit to the issue.
Page 14 | LR 98.10 Douglas County Superior Court Guardian ad Litem Rotational Registry
Written notice of the Committee's decision must be sent within 10 business days after receipt of the GAL's response.
The complainant and the GAL shall be notified in writing of the Committee's decision within 10 business days of receipt of the GAL response.
Page 14 | LR 98.10 Douglas County Superior Court Guardian ad Litem Rotational Registry
A hearing on review must be conducted within 20 days after receipt of the hearing request.
Said hearing shall be conducted within 20 days of the receipt of the request for the hearing.
Page 14 | LR 98.10 Douglas County Superior Court Guardian ad Litem Rotational Registry
The original order must be presented and signed for filing with the Court at the earliest possible time.
The original of the order shall be presented and signed at the earliest possible time for filing with the Court.
Page 15 | LCrR 2.2 Warrant of Arrest and Summons
An undisputed omnibus motion must be presented to the Court for signature before the omnibus hearing.
If there is no dispute regarding omnibus requests, the motion shall be signed by both parties and presented to the Court ex parte for signature before date of omnibus hearing.
Page 17 | LCrR 4.5 Omnibus Hearings
On counsel’s objection, the Court may reject late material, continue the matter, or impose appropriate terms or sanctions.
Any material offered at a time later than required by this rule, upon objection of counsel, may be rejected by the Court, or the matter may be continued and the court may impose appropriate terms or sanctions.
Page 3 | LR 7(D)
A GAL may, within 5 business days of receipt of notification that they have been suspended or review the Committee's decision.
A GAL may, within 5 business days of receipt of notification that they have been suspended or review the Committee's decision.
Page 14 | LR 98.10 Douglas County Superior Court Guardian ad Litem Rotational Registry
The Committee may extend the time for findings to conduct necessary additional investigation, but the extension cannot exceed 20 business days and the GAL must be notified.
The Review Committee may, at their discretion, extended the time for entering findings to conduct additional investigation if necessary, however, in no case shall that extension be for more than 20 business days and the GAL shall be notified.
Page 14 | LR 98.10 Douglas County Superior Court Guardian ad Litem Rotational Registry
Service and Proof of Service Rules
For pretrial motions other than motions for summary judgment, the motion must be served on all parties and the Judge at least five court days before the hearing date.
Any party desiring to bring any motion prior to trial, other than a motion for summary judgment, must file with the Clerk and serve all parties and the Judge at least five (5) court days before the date fixed for such hearing.
Page 2 | LR 7 PLEADINGS ALLOWED; FORM OF MOTIONS
Additional responding or reply documents must be served on all parties by noon the court day before the hearing.
Copies of any additional responding or reply documents must be filed with the Clerk and served on all parties no later than noon of the court day prior to the hearing.
Page 3 | LR 7
Copies of responding documents and briefs must be served on all parties and the Judge of Douglas County by noon two court days before the hearing.
Responding documents and briefs must be filed with the Clerk and copies served on all parties and the Judge of Douglas County, no later than noon (2) court days prior to the hearing.
Page 3 | LR 7
The attorney in charge must serve the settlement-conference letter on the assigned judge and opposing counsel at least three days before the conference.
The attorney personally in charge of each party's case shall personally attend all settlement conferences and shall, not less than three (3) days prior to the date set for the settlement conference, serve on the assigned judge and the attorney for the opposing party a letter succinctly addressing the following:
Page 4 | LR 16(f)(3)
Counsel must provide opposing counsel with proposed findings and conclusions before trial, subject to the stated domestic-case exception.
In all actions tried to the court, counsel for each party shall, two days prior to trial, provide the Court and opposing counsel with proposed findings of fact and conclusions of law. Provided, that proposed findings and conclusions are not required in domestic cases of any kind, except that the court may, at its discretion, require proposed findings and conclusions, in a particular case or the parties may voluntarily submit such findings and conclusions.
Page 5 | LR 52 Decisions, Findings and Conclusions
When a dissolution decree or order is filed, the presenting attorney or self-represented party must immediately deliver or mail a dated true copy to the opposing party or counsel and file a declaration of mailing.
When any decree or order is filed in a dissolution matter, the attorney for the party presenting the order, or the party if the matter is presented pro se, shall immediately deliver or mail to the opposing party to the opposing party's last known address, or to opposing counsel, a true copy of the decree or order with the date of entry indicated on each copy. A declaration of mailing of such true copy shall be filed.
Page 8 | LR 94.04 D(1) DATING AND MAILING OF DECREES AND ORDERS
Each party must serve the opposing party with the written statement of issues at least three days before trial.
In all final hearings or trials in domestic relations matters, each party shall provide to the judge or commissioner and serve on the opposing party a written statement as to the issues in controversy at least three days prior to trial.
Page 8 | LR 94.04 B(1) PRETRIAL FORMS
The following must be provided to the Sheriff’s office: A certified copy of the Order to Issue Writ The original Writ of Habeas Corpus The original Warrant in Aid of Writ of Habeas Corpus Information Sheet, which contains information regarding the parties and child(ren) A copy of the Petition for Writ of Habeas Corpus A copy of the most recent Order or Decree which grants petitioner custody A recent photograph of the child(ren), if available A recent photograph of respondent, if available
The following must be provided to the Sheriff’s office: A certified copy of the Order to Issue Writ The original Writ of Habeas Corpus The original Warrant in Aid of Writ of Habeas Corpus Information Sheet, which contains information regarding the parties and child(ren) A copy of the Petition for Writ of Habeas Corpus A copy of the most recent Order or Decree which grants petitioner custody A recent photograph of the child(ren), if available A recent photograph of respondent, if available
Page 9 | WRIT OF HABEAS CORPUS – POLICIES AND PROCEDURES
The petitioner, the petitioner’s attorney, family members, and private investigators may not accompany law enforcement during attempts to execute the writ.
The petitioner, petitioner’s attorney, family members and private investigators may not accompany law enforcement during attempts to execute the Writ.
Page 10 | WRIT OF HABEAS CORPUS – POLICIES AND PROCEDURES
Unless the Court specifically orders otherwise, writs are not served on weekends, holidays, or after Court hours.
Temporary care is avoided if at all possible and, unless specifically ordered by the Court, Writs are not served on weekends, holidays, or after Court hours.
Page 10 | WRIT OF HABEAS CORPUS – POLICIES AND PROCEDURES
For a stepfather-name change for a child under 18, the petitioner must give notice of the proceeding, subject to statutory exceptions, to the specified father or other person with a paternal interest through adoption.
When changing the name of a child under the age of 18 to the name of the child's stepfather, the petitioner shall give notice of such proceeding except as provided by statute to: a. The father, if the child has been born during marriage, or b. The father, if paternity is established, or c. Any other person with a paternal interest by virtue of an adoption.
Page 10 | LR 96.04 CHANGE OF NAME OF STEPCHILD
A party seeking a GAL registry appointment must serve a written request on the Registry Administrator; appointments proceed rotationally and are subject to the appointee’s acceptance.
A party needing an appointment from a GAL registry shall serve a written request upon the Registry Administrator, who shall appoint as GAL that person whose name next appears on the registry on a rotational basis, subject to that person's acceptance of the appointment.
Page 12 | LR 98.10 DOUGLAS COUNTY SUPERIOR COURT GUARDIAN AD LITEM ROTATIONAL REGISTRY (TITLES 11 AND 26), D. Appointment of a Guardian ad Litem from Registry
GAL fee requests submitted to the court must also be served on the parties.
All fee requests by the GAL submitted to the court shall contain time records, which distinguished investigative/legal, administrative/clerical, and travel time and shall also be served upon the parties.
Page 14 | LR 98.10 Douglas County Superior Court Guardian ad Litem Rotational Registry
A copy of the Order of Appointment must be provided to the Registry Administrator.
A copy of the Order of Appointment shall be provided to the Registry Administrator.
Page 15 | LRCrR 98.10 Douglas County Superior Court Guardian Ad Litem Rotational Registry
After receiving an accepted Notice of Appointment, the Registry Administrator must forward the requesting attorney a copy of the acceptance.
Upon return receipt of a Notice of Appointment, which has been accepted, the Registry Administrator shall forward a copy of the acceptance to the requesting attorney.
Page 15 | LRCrR 98.10 Douglas County Superior Court Guardian Ad Litem Rotational Registry
The GAL must return the Notice of Appointment to the Registry Administrator.
The GAL will return the Notice of Appointment to the Registry Administrator.
Page 15 | LRCrR 98.10 Douglas County Superior Court Guardian Ad Litem Rotational Registry
The registry administrator must send the selected GAL a Notice of Appointment and the requesting attorney’s letter by fax or mail.
The registry administrator will select the next available GAL appearing on the registry and fax or mail a Notice of Appointment to the GAL along with the letter received from the requesting attorney.
Page 15 | LRCrR 98.10 Douglas County Superior Court Guardian Ad Litem Rotational Registry
An attorney seeking to withdraw must serve a motion on the prosecuting attorney, file it with the Clerk, and note it for a hearing.
To withdraw, an attorney must serve a motion to withdraw upon the prosecuting attorney, file the same with the Clerk of the Court, and note the same for a hearing.
Page 16 | LCrR 3.1 Right to and Assignment of Counsel
Unless appointed by the Court, defense attorneys must promptly serve written notice of their employment on the prosecuting attorney and file it with the Clerk.
Attorneys representing defendants in criminal cases, except when appointed by the Court, must serve prompt written notice of their employment upon the prosecuting attorney and file the same with the Clerk of the Court.
Page 16 | LCrR 3.1 Right to and Assignment of Counsel
The Community Corrections Office must serve its report on the prosecuting and defense attorneys and provide the original to the sentencing judge at least ten days before sentencing.
The Community Corrections Office shall serve a copy of its report upon the prosecuting attorney and the defense attorney and the original to the sentencing judge not less than ten days before the sentencing date.
Page 17 | LCrR 7.2 Presentence Investigation
Unless the Court directs otherwise, in felony sentencing cases the prosecuting and defense attorneys must serve the opposing party and provide a copy to the sentencing Judge and the original to the Clerk at least ten days before sentencing.
Unless otherwise directed by the Court, in all cases where a person is to be sentenced for commission of a felony, the prosecuting attorney and the defendant's attorney shall, not less than ten days before the sentencing date, serve a copy of any presentence report upon the opposing party, a copy to the sentencing Judge, and send the original to the Clerk of the Court.
Page 17 | LCrR 7.2 Presentence Investigation
Serving parties by facsimile must comply with General Rule 17.
Filing by facsimile with the Court, and serving parties by facsimile, shall be pursuant to General Rule 17.
Page 3 | LR 7(E)
Failure to give the notice required by CR 65 may result in terms or sanctions against the moving party.
Failure to give notice as required by CR 65 may result in the imposition of terms and/or sanctions on the moving party.
Page 6 | LR 65 Injunctions
An interview of the petitioner or petitioner’s attorney by law enforcement is strongly encouraged to help locate the child(ren) and assure officer safety.
A law enforcement interview of the petitioner or petitioner’s attorney is strongly encouraged in order to obtain information helpful towards locating the child(ren) and assuring officer safety.
Page 9 | WRIT OF HABEAS CORPUS – POLICIES AND PROCEDURES
Filing Fees and Waivers
The Clerk will not issue certified copies of show cause orders unless payment is made in advance.
Certified copies of show cause orders shall not be issued by the Clerk of the Court without payment in advance.
Page 3 | LR 8
Filing, writ, and certified-copy fees are payable to the Clerk of the Court when the Order to Issue Writ is filed.
Filing fees, writ fees and certified copy fees will be payable to the Clerk of the Court at that time.
Page 9 | WRIT OF HABEAS CORPUS – POLICIES AND PROCEDURES
The base fee for service of the writ must be paid, while mileage and additional service fees will be billed later.
Payment of the base fee for service of the Writ. Mileage and additional services fees will be subsequently billed.
Page 9 | WRIT OF HABEAS CORPUS – POLICIES AND PROCEDURES
The court may impose an application-processing fee, a training-program fee, or both.
The court may impose an application processing fee and/or charge a fee for the training programs.
Page 12 | LR 98.10 DOUGLAS COUNTY SUPERIOR COURT GUARDIAN AD LITEM ROTATIONAL REGISTRY (TITLES 11 AND 26), A. Registry Administration
Courtesy Copy Requirements
For pretrial motions other than motions for summary judgment, one copy of the motion and all supporting documents must be delivered to the courthouse or mailed to the Judge at least five court days before the hearing.
Any party desiring to bring any motion prior to trial, other than a motion for summary judgment, must file with the Clerk and serve all parties and the Judge at least five (5) court days before the date fixed for such hearing. A COPY OF THE MOTION AND ALL SUPPORTING DOCUMENTS SHALL BE DELIVERED TO THE DOUGLAS COUNTY COURTHOUSE OR MAILED TO THE JUDGE. THE MAILING ADDRESS FOR THE DOUGLAS COUNTY SUPERIOR COURT JUDGE IS P. O. BOX 488, WATERVILLE, WASHINGTON 98858.
Page 2 | LR 7 PLEADINGS ALLOWED; FORM OF MOTIONS
Copies of reconsideration motions, the motion-calendar note, and responses must be delivered to the judge when filed.
Copies of such motions for reconsideration, copy of note for motion calendar and responses thereto shall be delivered to the judge at the time of filing.
Page 6 | LR 59 Motion for Reconsideration, (e)(3)(A)
Photocopies of reported cases, statutes, or texts may be furnished directly to the judge hearing the matter.
Photocopies of reported cases, statutes or texts shall not be filed as an appendix to a brief or otherwise but may be furnished directly to the judge hearing the matter.
Page 2 | LR 5 SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
A working copy of the summary judgment motion and all supporting and responding documents must be delivered or mailed to the judge when the originals are filed; the judge may strike the hearing if the copies are not received.
A WORKING COPY FOR THE JUDGE OF THE MOTION, ALL SUPPORTING DOCUMENTS AND ALL RESPONDING DOCUMENTS SHALL BE DELIVERED TO THE COURTHOUSE OR MAILED TO THE JUDGE AT THE TIME OF FILING THE ORIGINALS. THE MAILING ADDRESS FOR THE JUDGE IS P. O. BOX 488, WATERVILLE, WASHINGTON 98858-0488. IF WORKING COPIES ARE NOT RECEIVED, THE JUDGE MAY STRIKE THE HEARING.
Page 5 | LR 56 Summary Judgment, (j) Service and Filing
Adjournment & Extension Requirements
A stipulation or motion to continue a case on the trial calendar must be written, supported by a declaration showing sufficient grounds, and accompanied by a written order for entry.
Stipulations or motions to continue a case already on the trial calendar must be in writing, supported by a declaration showing sufficient grounds for the requested continuance. The moving party shall present a written order for entry.
Page 8 | LR 94.04 B(3) CONTINUANCES
A continuance may be included among the terms or sanctions imposed when late material is offered over objection, if a continuance is requested.
ANY MATERIAL OFFERED AT A TIME LATER THAN REQUIRED BY THIS RULE OVER OBJECTION OF COUNSEL SHALL NOT BE ACCEPTED AND CONSIDERED BY THE COURT EXCEPT UPON THE IMPOSITION OF APPROPRIATE TERMS OR SANCTIONS, INCLUDING THE RIGHT TO A CONTINUANCE IF REQUESTED.
Page 5 | LR 56 Summary Judgment, (j) Service and Filing
The court may extend the time for presenting documents for good cause shown.
For good cause shown, the court may extend the time for presentation.
Page 8 | LR 94.04 A(5) ENTRY OF DECREE
In a criminal case set for trial that will be resolved by a change of plea, the plea must be heard by the trial date unless the court authorizes a continuance and later hearing.
If a criminal case is set for trial but will be disposed of by a change of plea, the guilty plea shall be heard on or before the trial date. The court may authorize a continuance and hear the change of plea at a later date.
Page 17 | LCrR 4.2 Pleas and Continuances
Chambers Communication Rules
Douglas County summary judgment motions must be specially set by calling the judges' chambers to request a calendar setting.
ALL MOTIONS FOR SUMMARY JUDGMENTS IN DOUGLAS COUNTY MUST BE SPECIAL SET. SPECIAL SETTINGS SHALL BE OBTAINED BY CALLING JUDGES' CHAMBERS IN DOUGLAS COUNTY (745-9063 or 884-9430) AND REQUESTING TO SET A MATTER ON THE JUDGE'S CALENDAR.
Page 5 | LR 56 Summary Judgment
Moving counsel must contact the Court Administrator three court days before a summary judgment hearing to confirm whether the motion will be heard; otherwise, the motion may be stricken for resetting.
On any motion for summary judgment in Douglas County, counsel for the moving party shall contact the Court Administrator three court days preceding the date set for hearing and advise whether the motion will be heard. If notification is not made, the motion may be stricken for resetting.
Page 5 | LR 56 Summary Judgment, (k) Confirmation
If oral argument is allowed, moving counsel must notify the Clerk by noon three days before the hearing whether the motion will be argued.
In the event that oral argument has been allowed, counsel for the moving party shall notify the Clerk of the Court by noon, three days preceding the date set for hearing and advise whether the motion will be argued.
Page 6 | LR 59 Motion for Reconsideration, (e)(3)(B)
A GAL who leaves the registry while having active or incomplete cases must immediately report that fact to the Registry Administrator.
A GAL who ceases to be on the registry and who still has active or incomplete cases shall immediately report this circumstance to the Registry Administrator, who shall reassign such cases.
Page 13 | LR 98.10 Douglas County Superior Court Guardian ad Litem Rotational Registry
Warrants transmitted by fax or other digital means to the Douglas County Superior Court Judge must be sent to the listed fax number or email address.
Warrants sent by Fax machine or other digital transmission to the Superior Court Judge for Douglas County shall be sent to Fax number (509)745-8027 or by email to jjackson@co.douglas.wa.us.
Page 16 | LCrR 2.2 Warrant of Arrest and Summons
Registry members must promptly inform the court if they are temporarily unavailable to serve or intend to resign.
Persons on the registry shall promptly inform the court of any temporary unavailability to serve, or of their intent to resign from the registry.
Page 13 | LR 98.10 Douglas County Superior Court Guardian ad Litem Rotational Registry
To obtain a special setting, contact the Court Administrator at 509-745-9063.
To obtain a special setting, contact the Court Administrator at 509-745-9063.
Page 6 | LR 77 Superior Courts and Judicial Officers