Ferry, Pend Oreille and Stevens Counties Superior Court Service and Proof of Service Rules

CRITICAL

Applies to

E filed document

Service

Electronic service

A party who e-files a document may serve it through the Clerk’s “serve only” feature, subject to the stated personal-service and recipient-registration exceptions.

When a party e-files a document, the party may electronically serve the document via the “serve only” feature within the Clerk’s e-filing system. E-service under this subsection constitutes service under CR 5 and is complete as stated in CR 5(b)(7). Exceptions: This subsection does not apply when a statute or rule requires that a document be personally served on the receiving party; or when the receiving party is not represented by an attorney and has not registered to accept e-service.

CRITICAL

Applies to

Jury instructions

Each other party must be served with one numbered copy of the proposed instructions that includes citations.

One copy, numbered and with citations, shall be served on each other party.

CRITICAL

Deadline

9 court days

The moving party must serve all motion papers at least nine full court days, excluding holidays and weekends, before the requested consideration date.

The moving party shall serve and file all motion papers no later than nine (9) full court days (excluding holidays and weekends) before the date the party wishes the motion to be considered.

CRITICAL

Applies to

Counter note or trial setting objection

A party disputing trial readiness or the estimated trial length must serve the counter Note or objection and notice of argument.

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

Deadline

2 court days

A party striking a hearing must give the opposing party and Superior Court Administration at least two court days’ notice using a method reasonably calculated to provide actual notice.

(2) Striking a hearing. A moving party must give no less than two (2) court days’ notice of a strike to the opposing party and to Superior Court Administration. Notice must be served in any manner reasonably calculated to provide actual notice to the other party and Superior Court Administration.

CRITICAL

The transcript of the commissioner’s oral ruling must be served at least seven days before the motion hearing.

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

CRITICAL

Applies to

Note for trial setting and certificate of readiness

A party seeking trial of an issue of fact must serve the Note for Trial Setting and Certificate of Readiness.

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

Likely exhibits

During the week before trial, parties and counsel must provide copies of their likely exhibits to all parties and counsel.

The week prior to trial, all parties pro se and/or counsel shall provide a copy of their likely exhibits to all parties and/or counsel.

CRITICAL

Applies to

Brief

Brief copies must be served on the opposing party by personal delivery or regular mail.

The original copy of any brief shall be filed with the Clerk of the Superior Court, and copies shall be served on the opposing party by personal delivery or regular mail.

CRITICAL

Applies to

Motion to shorten time

The requesting party must give opposing parties verbal and written notice as soon as possible, regardless of when the pleadings are prepared or provided.

(4) Notice Requirements: The party requesting an order to shorten time shall give verbal and written notice as soon as possible to opposing parties regardless of when pleadings are prepared and provided.

CRITICAL

A document served contrary to the rule is deemed not served, and the Court may refuse to consider it.

If an attorney or self-represented party serves a document in a manner that does not comply with this rule, the document shall be deemed not served pursuant to CR 5, and the Court in its discretion can refuse to consider the document.

CRITICAL

An affidavit of service must be filed as proof of service regardless of the service method.

An affidavit of service is required to be e-filed or filed as proof of service regardless of service method.

CRITICAL

Applies to

Affidavit or declaration of financial affairs

The affidavit or declaration respecting financial affairs must be served with the motion seeking specified temporary financial relief pending trial.

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.

CRITICAL

The clerk must notify all parties of the appeal scheduling order and send notice directly to any criminal defendant, including one represented by counsel.

The Clerk shall give notice of the appeal scheduling order to all parties, which notice shall include a notice sent directly to any criminal defendant, even if represented by counsel.

CRITICAL

Deadline

4 court days

A party opposing a motion must serve copies of the opposition papers at least four full court days, excluding holidays and weekends, before the hearing.

Any party opposing a motion shall file the original responsive papers in opposition to a motion and serve copies on parties four (4) full court days (excluding holidays and weekends) before the date the motion is to be heard.

CRITICAL

Deadline

2 court days

Applies to

Motion to shorten time

A motion to shorten time must be served no later than two court days before the hearing.

(1) Time. A motion to shorten time must be noted and served no later than two (2) court days before the hearing.

CRITICAL

Applies to

Affidavit or declaration

The affidavit or declaration must be served.

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

CRITICAL

The committee must provide the guardian ad litem or court visitor with a copy of the original complaint.

The committee shall provide the guardian ad litem or court visitor with a copy of the original complaint.

CRITICAL

Deadline

2 court days

Copies of strict reply papers must be served on the parties at least two full court days, excluding holidays and weekends, before the hearing.

Any papers in strict reply shall be filed and copies served on parties two (2) full court days (excluding holidays and weekends) before the date of the hearing.

CRITICAL

Service

Mail to all parties

After completing and filing the Appeal Scheduling Notice, the Administrator must immediately mail copies to all parties.

Upon the Administrator’s completion and filing of the Appeal Scheduling Notice, the Administrator shall immediately mail copies of the notice to all parties involved in the appeal

WARNING

If photocopies of reported cases, statutes, or text are furnished directly to the judge, the opposing party must also receive them.

In addition to the discovery material specified in CR 5(i), photocopies of reported cases, statutes, or text shall not be filed as an appendix to a brief, but may be furnished directly to the judge hearing the matter only if the opposing party also receives it.

WARNING

When a grievance disposition removes a guardian ad litem or court visitor from a registry, the court must notify the state AOC.

When a guardian ad litem or court visitor is removed from a registry pursuant to the disposition of a grievance, the court shall send notice of such removal to the state Administrative Office of the Courts (AOC).

WARNING

Service

Email to opposing party

Parties or their attorneys may serve opposing parties by email only with written consent or if the recipient refuses to provide a mailing address.

Parties (or attorneys of record) may serve opposing parties by email only if they have written consent from the receiving party or the receiving party refuses to provide a mailing address.

WARNING

Service

Electronic service

Parties and attorneys may accept e-service by filing an alternative service agreement, which permits electronic service between consenting parties and through the Clerk’s filing system unless the agreement declines that option.

Parties and attorneys may choose to accept e- service, as authorized in CR 5(B)(7), by filing an alternative service agreement with the clerk’s office. Filing this agreement will allow for valid CR 5(b)(7) service between the consenting parties through electronic means. It will also allow for service through the clerk’s electronic filing system unless the alternative service agreement filed by the attorney specifically declines the acceptance of service through the clerk’s electronic filing system.

WARNING

Service

Electronic service

Service through “File and Serve” is not complete until the Clerk accepts the filing; use “serve only” for immediate service.

When using the “File and Serve” option to effect service, service will not be completed until the filed document has been accepted by the clerk’s office. For immediate service of documents, use the “serve only” option.

INFO

Service

Electronic service

Self-represented parties need not use e-service but may elect to accept it by listing their email address on the eFiling system’s service contact list.

Self-represented parties are not required to use e-serve but may elect to accept e-service by providing their email address on the “service contact list” in the eFiling system.