Ferry, Pend Oreille and Stevens Counties Superior Court Document Filing Requirements

CRITICAL

Applies to

Disqualification filing

When a disqualification is filed, send a copy to Superior Court Administration identifying all pending or upcoming hearings.

If a disqualification is filed in a case, a copy is to be sent to Superior Court Administration with identification of all pending or upcoming hearings.

CRITICAL

Applies to

Appeal scheduling order

The appeal scheduling order must include the specified appellant warning above the judge’s signature.

The scheduling order shall bear the following legend above the judge’s signature: ATTENTION APPELLANT: You are ultimately responsible for ensuring that your appeal is prosecuted in a timely manner, even if you have an attorney assisting you in preparing your appeal. You must maintain contact with your attorney and the court to ensure that this scheduling order is being followed. If you or your attorney fail to meet the deadlines set out in this scheduling order, or fail to timely seek an extension of time pursuant to RALJ 10.3, sanctions may be assessed against you, or your

CRITICAL

Applies to

Statement of case

Each party in a civil case must submit a brief statement of the case for the jury before voir dire.

Each party in a civil case shall submit a brief statement of the case suitable to be read to the jury before the voir dire examination.

CRITICAL

Applies to

Appeal scheduling order

After a notice of appeal is filed, the clerk must provide a proposed schedule, and the presiding judge must enter an order setting the schedule and requiring compliance and attendance at oral argument.

When a notice of appeal has been filed, the Clerk shall provide the presiding judge with a suggested schedule of dates for filing the transcript, for submission of briefs as provided by RALJ 6.3A and 7.2, and for oral argument. The presiding judge shall then enter an order which requires the parties to comply with a schedule for such filings and to appear for a hearing for oral argument.

CRITICAL

Applies to

Hearing strike

The party striking a hearing must file the mandatory form available on the court’s website.

The party striking the hearing shall file the mandatory form located on the court’s website.

CRITICAL

Applies to

Routine ex parte or stipulated matter

Self-addressed, stamped envelopes must be provided to return conformed materials or rejected orders.

Self-addressed, stamped envelopes shall be provided for return of any conformed materials and/or rejected orders.

CRITICAL

Applies to

Proposed exhibit

Each proposed exhibit must have a label identifying the case name, case number, hearing date and type, and exhibit number.

Each proposed exhibit shall contain a label which indicates the case name, case number, date of hearing, hearing type, and exhibit number.

CRITICAL

Applies to

Notice of hearing or show cause order

The notice of hearing or show cause order must tell the responding party about the affidavit-or-declaration requirement.

The notice of hearing or show cause order shall notify the responding party of this requirement.

CRITICAL

Applies to

Proposed findings conclusions

Unless the stated exceptions apply, the prevailing party’s attorney of record must prepare proposed findings and conclusions and a proposed decree, order, or judgment.

Unless the judge has included formal findings of fact and conclusions of law in a written opinion or memorandum of decision pursuant to CR 52(a)(4) or they are otherwise unnecessary by reason of CR 52(a)(5), the attorney of record for the prevailing party shall prepare proposed findings of fact and conclusions of law, along with the proposed form of decree, order or judgment as required by CR 54(e).

CRITICAL

Applies to

Complaint

A complaint must be written, signed by at least one individual, include that individual's address and phone number, and be submitted to the court administrator.

All complaints shall be in writing, signed by at least one individual with his/her address and phone number, and submitted to the court administrator.

CRITICAL

Applies to

Affidavit or declaration

Affidavits and declarations must meet the stated oath, personal-knowledge, age, admissibility, and competency requirements.

(e) Affidavits or Declarations. All affidavits or declarations shall be sworn or affirmed under penalty of perjury, made on personal knowledge, is at least 18 years of age, set forth such facts as would be admissible in evidence, and show affirmatively that the affiant or declarant is competent to testify to the matters stated therein.

CRITICAL

Applies to

Pre trial status conference

If both parties fail to appear at the Pre-Trial Status Conference, they must file a new Note for Trial Setting and Certificate of Readiness.

If both parties fail to appear for this hearing, the trial date will be stricken, and parties will be required to file a new Note for Trial Setting and Certificate of Readiness.

CRITICAL

Applies to

Motion to exceed page limits

A motion to exceed page limits must be written and provide notice to the opposing party; it may be presented ex parte under LCR 54(f) for a hearing without oral argument.

Motions to exceed page limits must be in writing, with notice to the opposing party, and may be presented on an ex parte basis consistent with LCR 54(f) to be heard without oral argument.

CRITICAL

Applies to

Motion to shorten time

A motion to shorten time must include a written certification that the relevant parties or attorneys were notified of the time and place, or explain why notice was not given.

Such motions shall contain a written certification that self-represented parties or attorneys were notified of the time and place of requesting the order to shorten time, or the reasons why such notice was not given.

CRITICAL

Applies to

Jury instructions

Each party must file the original proposed jury instructions with the Clerk and provide the judge with one numbered, cited copy and one unnumbered copy without citations.

Each party shall file with the Clerk the original proposed instructions, numbered and with citations, and shall provide the judge with one copy numbered and with citations and one copy unnumbered and without citations.

CRITICAL

Applies to

Affidavit or declaration

An affidavit or declaration must be submitted and filed.

the motion, shall likewise submit such an affidavit or declaration which shall be served and filed.

CRITICAL

Applies to

Declaration by minor

Parties may not submit declarations by minors without prior court permission.

Unless prior permission of the court is obtained, the parties shall not submit declarations by minors.

CRITICAL

Applies to

Ex parte presentment

Must include

proposed order

The presentment must include proposed findings of fact, conclusions of law, and a decree.

The attorney or party shall request the Court Clerk present the original court file to the ex parte judge at the time of presentment, together with the proposed findings of fact, conclusions of law and decree.

CRITICAL

Applies to

Written response request

When a complaint appears to have merit, the committee must request a written response that identifies the specific issues to be addressed.

Make a finding that the complaint appears to have merit and request a written response from the guardian ad litem within ten (10) business days detailing the specific issues in the complaint to which the committee desires a response.

CRITICAL

Applies to

Declaration

Each declaration must provide foundational information about the declarant in summary form at its beginning.

All declarations shall contain information that provides the court with foundational information such as the name of the declarant, relationship to one or both of the parties, age, education, city and state of residence, and occupation. This information shall be provided in summary fashion at the beginning of each declaration.

CRITICAL

Applies to

Counter note or trial setting objection

Any party contending the case is not ready for trial, or that the estimated length of trial is not correct, shall serve and file a counter Note for Trial Setting and Certificate of Readiness or objection to trial setting and notice of argument thereon within ten (10) days of the date of service of the Note for Trial Setting and Certificate of Readiness, which objection shall be noted for hearing pursuant to LCR 6(d).

Any party contending the case is not ready for trial, or that the estimated length of trial is not correct, shall serve and file a counter Note for Trial Setting and Certificate of Readiness or objection to trial setting and notice of argument thereon within ten (10) days of the date of service of the Note for Trial Setting and Certificate of Readiness, which objection shall be noted for hearing pursuant to LCR 6(d).

CRITICAL

Applies to

Order to show cause

Covered orders to show cause must include the specified capitalized warning; without it, the court may refuse to issue a bench warrant.

In all supplemental proceedings wherein a show cause order is issued requiring the personal attendance of the party to be examined in open court and in orders to show cause in re contempt, the order to show cause must include the following words in capital letters: YOUR FAILURE TO APPEAR AS SET FORTH AT THE TIME, DATE AND PLACE SET FORTH IN THIS ORDER MAY CAUSE THE COURT TO ISSUE A BENCH WARRANT FOR YOUR APPEHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE MATTER CAN BE HEARD, UNLESS BAIL IS FURNISHED AS PROVIDED IN SUCH WARRANT. The failure to include such wording will be grounds for the court to refuse to issue a bench warrant for the apprehension of such person.

CRITICAL

Applies to

Judgment or order presentment

Counsel presenting a judgment or final order, or seeking entry of a proposed order, must provide all relevant pleadings and papers for the court’s review.

Counsel presenting a judgment, final orders, or seeking entry of a proposed order shall be responsible for all relevant pleadings and papers for the Court’s review.

CRITICAL

Applies to

Note for trial setting and certificate of readiness

A party seeking trial of an issue of fact, including a TEDRA evidentiary hearing, must serve and file a properly completed Note for Trial Setting and Certificate of Readiness using the mandatory court website form.

Any party desiring to bring an issue of fact to trial, including an evidentiary hearing under RCW 11.96A TEDRA, shall serve and file a properly completed Note for Trial Setting and Certificate of Readiness on the mandatory form available on the Court’s website.

CRITICAL

Applies to

Hearing documents

When reserving a hearing slot, parties must provide copies of documents they want to present or have considered at the hearing.

Parties shall provide copies of any documents they wish to present or have considered at the hearing when they reserve their time slot.

CRITICAL

Applies to

Paper document

For the duration of an e-filing waiver, an attorney must place the specified exemption wording in the caption of every paper document filed.

Attorneys who have received a waiver shall place the words “Exempt from eFiling per waiver filed on (date)” in the caption of all paper documents they file for the duration of the waiver.

CRITICAL

Applies to

Transcribed oral decision or ruling

Transcribed oral decisions or rulings must be submitted to the judge for review before delivery, and a final copy must be furnished for the judge’s file.

Oral decisions or rulings by a judge which are transcribed shall first be submitted to the judge for review prior to delivery and a final copy shall be furnished to the judge for his/her file.

CRITICAL

Applies to

Transcript

The moving party must file a transcript of the commissioner’s oral ruling, unless the decision was issued by letter or written order or there was no oral ruling.

The moving party must file and serve a transcript of the Court Commissioner’s oral ruling at least seven (7) days before the motion hearing and provide a copy to the assigned Judge. The moving party is responsible for the cost of the transcript. No transcript is required if the decision was issued by letter, by written order, or if no oral ruling was given.

CRITICAL

Applies to

Preassignment application

A party seeking pre-assignment must apply in writing with notice to the other parties and bears the burden of establishing the need; the presiding judge may also initiate pre-assignment.

Upon written application of any party with notice to the other parties, or on the Court’s own motion, the presiding judge may pre-assign cases involving complex issues and/or extensive pretrial procedures to a particular judge for pretrial procedures and trial. The burden of establishing the need for pre-assignment shall be on the party or parties requesting the same.

CRITICAL

Applies to

Motion for temporary financial relief

A party seeking specified temporary financial relief pending trial must serve and file with the motion an affidavit or declaration about financial affairs under penalty of perjury.

A party applying for temporary support, maintenance, debt or income-producing property allocation, attorney’s fees or other financial relief pending trial must serve and file with his or her motion an affidavit or declaration under penalty of perjury respecting financial affairs.

WARNING

Applies to

Official transcript or verbatim report

Official transcripts generally must be prepared through the court administrator; requests must be made to the administrator with payment arrangements made at the same time, and non-administrator transcripts may be stricken except in RALJ appeal matters.

With the exception of transcripts provided under RALJ 6.3A, the official transcript or verbatim report of proceedings of any matters shall be prepared by or under the direction of the court administrator. Anyone wishing to order an official transcript or verbatim report of proceedings shall make such request to the court administrator and shall at the same time make arrangements for payment thereof. With the exception of RALJ appeal matters, transcripts or verbatim reports of proceedings not obtained through the court administrator are subject to being stricken from the record upon the request of any party or on the court’s own motion.