Douglas County Superior Court Document Filing Requirements

CRITICAL

Applies to

Presentence report

A defendant's presentence report requesting a sentence outside the standard range must outline proposed programs and state the community resources available to implement them.

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.

CRITICAL

Applies to

Request for conformed copies

A postage-paid envelope must be included for the return of requested conformed copies.

envelope bearing sufficient postage paid shall be included for the return of any requested conformed copies.

CRITICAL

Applies to

Mailed original probate application

A mailed original probate application must include all documents required by LR 98.04(B).

All documents required by 98.04(B) shall be presented in the mailing.

CRITICAL

Applies to

Case information cover sheet

Each new civil or domestic case filing must be accompanied by a Case Information Cover Sheet prepared and submitted by the filing party.

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.

CRITICAL

Applies to

Continuance request

Continuance stipulations or motions must be in writing with a supporting declaration, and the moving party must present 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.

CRITICAL

Applies to

Settlement conference letter

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.

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.

CRITICAL

Applies to

Document or correspondence presented for filing

Must include

case number

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.

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.

CRITICAL

Applies to

Summary judgment motion or responsive pleading

A summary judgment motion and any responsive pleading must list and identify all evidence the court should consider.

Any motion for summary judgment or responsive pleadings to a motion for summary judgment shall list and identify all evidence the Court should consider.

CRITICAL

Applies to

Motion

If omnibus requests are undisputed, both parties must sign the motion and present it ex parte 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.

CRITICAL

Applies to

Pre trial order

Counsel must prepare a pre-trial order in the form of Exhibit B within ten days after the pre-trial conference concludes.

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.

CRITICAL

Applies to

Exhibit notice letter

A party anticipating offering at least 25 exhibits at trial must notify the trial judge and opposing party by letter.

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.

CRITICAL

Applies to

Action document

An action document must state specifically in its body what action the Clerk is required to take.

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.

CRITICAL

Applies to

Ex parte probate presentation

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.

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.

CRITICAL

Applies to

Action document

Must include

caption

Action documents must include a special caption directly below the case number on the first page.

Action documents shall include a special caption directly below the case number on the first page such as "Clerk's Action Required".

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Committee decision notice

The complainant and GAL must receive written notice of the Committee's decision within 10 business days after the GAL's response is received.

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.

CRITICAL

Applies to

Financial declaration

If either party seeks maintenance or child support, both parties must complete the financial declaration in Form A.

If one of the parties is seeking maintenance or child support, both parties shall complete the financial declaration contained in Form A.

CRITICAL

To place a case on the non-contested calendar, file proof that summons was served more than 90 days before the hearing, or that the case has been on file more than 90 days and both parties submitted to the court's jurisdiction.

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.

CRITICAL

Applies to

Dissolution document

Present documents requiring the court's signature at the non-contested dissolution hearing and, if signed, file them with the Clerk forthwith.

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.

CRITICAL

Applies to

Motion note or other document

Must include

certificate of service

The motion note or other document must include a certificate of mailing for all documents relating to the motion.

The note or other document shall provide a certificate of mailing of all documents relating to the motion.

CRITICAL

Applies to

Motion for order to show cause for temporary support

A temporary-support show-cause motion must include a signed child support worksheet, and may also include the specified financial declaration.

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.

CRITICAL

Applies to

Decree of dissolution

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.

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.

CRITICAL

Applies to

Pretrial form

Do not file the pretrial forms with the Clerk.

The pretrial forms shall not be filed with the Clerk.

CRITICAL

Applies to

Findings conclusions and proposed judgment

In court-tried cases, findings, conclusions, and a proposed judgment must be presented within 20 days of the decision, or within 20 days of 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.

CRITICAL

Applies to

Gal response

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.

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.

CRITICAL

Applies to

Affidavit

Jurisdictional testimony and other testimony supporting dissolution must be submitted in verified affidavit form.

The jurisdictional testimony and other testimony in support of the dissolution must be done in affidavit form and verified.

CRITICAL

Applies to

Notice of hearing

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.

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.

CRITICAL

Applies to

Proposed findings conclusions

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.

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.

CRITICAL

Applies to

Order of appointment

After receiving an accepted Notice of Appointment, the requesting attorney must ensure that an Order of Appointment is filed with the Court.

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.

CRITICAL

Applies to

Mailed probate application

The mailed documents must include an explanatory covering letter personally signed by the presenter that asks the Clerk to deliver them to a judge or court commissioner for signing.

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.

CRITICAL

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.

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.

CRITICAL

Applies to

Stepchild name change proceeding

A child over 14 years of age must provide written consent.

In addition, written consent shall be required of any child over 14 years of age.

CRITICAL

Applies to

Mailed probate documents

Every document in the mailed presentation must bear the personal original signature of the presenting counsel or pro se party.

All documents shall bear the personal original signature of counsel or party pro se presenting same.

CRITICAL

Applies to

Judgment on promissory note

A judgment on a promissory note will not be signed until the original note is filed with the Clerk, unless there is proof of loss or destruction.

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.

CRITICAL

Applies to

Transcript

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.

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.

CRITICAL

Applies to

Dissolution document

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.

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.

CRITICAL

Applies to

Petition for writ of habeas corpus

A habeas corpus proceeding must begin with a signed and verified petition containing the information required by RCW 7.36.030; no mandatory petition form has been adopted.

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.

CRITICAL

Applies to

Note for motion

A Note for Motion must state the court title, hearing date and time, the words “Note for Motion,” the attorneys’ or pro se parties’ names, the motion’s nature, and who made it.

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.

CRITICAL

Applies to

Guardian ad litem registry application

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.

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.

CRITICAL

Applies to

Complaint

Complaints must be written and submitted to the Superior Court Presiding Judge.

All complaints must be in writing and must be submitted to the Superior Court Presiding Judge.

CRITICAL

Applies to

Guardian ad litem registry application

People listed on the registry must reapply and update their background information annually by the date specified for the registry.

Persons listed on the registry shall reapply and update background information annually on a date specified for the registry.

CRITICAL

Applies to

Video deposition presentation

A written deposition must also be filed when a video deposition is presented.

When presenting video depositions, a written deposition must also be filed.

CRITICAL

Applies to

Request for law enforcement assistance

A request for law enforcement assistance to procure a child or individual allegedly held in violation of a court order must be made by writ of habeas corpus.

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.

CRITICAL

Applies to

Pretrial form

If the parties dispute the distribution of assets and debts, both must complete Form LC 94.04 Exhibit B.

If the parties are in dispute as to the distribution of assets and debts, both parties shall complete Form LC 94.04 Exhibit B.

CRITICAL

Applies to

Gal fee request

GAL fee requests submitted to the court must include time records distinguishing investigative/legal, administrative/clerical, and travel time.

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.

CRITICAL

Applies to

Motion for reconsideration or new trial

Motions for reconsideration or a new trial must be submitted on briefs and declarations or affidavits only; oral argument is not held unless the judge allows it on counsel's application or on the judge's own motion.

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.

CRITICAL

Applies to

Motion note

The motion note must be signed by the filing attorney or self-represented party and identify the party represented.

This note for motion must be signed by the attorney or party pro se filing the same, with the designation of the party represented.

CRITICAL

Applies to

Decree or order

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.

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.

CRITICAL

Applies to

Pretrial statement

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.

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.

CRITICAL

Applies to

Presentence report

If the defendant is not requesting a sentence outside the standard range, the defense presentence report must state the recommended sentence, the type of program recommended, and the reasons.

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.