Grays Harbor County Superior Court Document Filing Requirements

CRITICAL

Applies to

Request for trial setting

A request for trial setting must include a list of persons entitled to notice and their addresses.

All parties shall file a request for trial setting utilizing the form which can be found on the Court’s website and shall include a list of persons entitled to notice with their addresses.

CRITICAL

Applies to

Jury trial materials

Counsel must report to the trial judge at least 30 minutes before a jury trial and provide a written witness list with residence cities and general voir dire questions.

Counsel shall report to the assigned Trial Judge at least one-half hour before the scheduled beginning of a jury trial and provide the Judge with a written list of the names and city of residence of witnesses and general voir dire questions to be asked of the jury.

CRITICAL

Applies to

Text message

Each page of a filed text message must identify its speakers, message dates, and relevance.

Any text message which is filed in a case shall on each page 1) identify each speaker 2) identify the date of each message and shall identify the relevance of the text message on that page (i.e. admission of party).

CRITICAL

Applies to

Bench copy

Must include

judge name, case number

Bench copies must show the proceeding’s current date and time, the assigned judicial officer’s name if known, and the cause number at the top of the first page.

Bench copies must clearly indicate on the top of the first page of the document the current date and time set for the proceeding, the name of the assigned judicial officer, if known, and the cause number.

CRITICAL

Applies to

Trial brief

Trial briefs must be submitted in all cases.

(1) Trial Briefs. Trial briefs shall be submitted in all cases.

CRITICAL

Applies to

Document

Must include

case number

Documents filed after the final parentage order must use the new public cause number unless the Court orders otherwise or an applicable court rule requires otherwise.

Any documents filed in the proceeding after entry of the final order determining parentage must use the new public cause number, unless otherwise ordered by the Court or required by applicable court rule.

CRITICAL

Applies to

Grievance complaint

A grievance complaint must specifically identify the act or failure to act that concerns the complaining party.

The complaint must state with specificity the act or failure to act of concern to the complaining party and shall include the following information:

CRITICAL

Applies to

Notice and motion

In qualifying Title 11 cases, the guardian ad litem must file the court-prescribed notice and motion with an itemized fee-and-cost statement and provide a copy to each party.

For Title 11 RCW cases where the county guarantees payment of the guardian ad litem fees and costs, the guardian ad litem shall file with the Court a notice and motion in the form prescribed by the Court with an itemized statement for payment of the guardian ad litem fees and costs and provide a copy of same to each party.

CRITICAL

Applies to

Brief

Briefs supporting or opposing a pending motion must specify the supporting legal authority.

Counsel shall submit briefs that specify legal authority in support of, or in opposition to, a pending motion.

CRITICAL

Applies to

Pretrial statement

In specified contested family cases, each party must file and serve a pretrial statement summarizing disputed issues and proposed resolutions, identifying requested parenting-plan materials or attaching them if none are filed.

In any contested family law action in which property division, the parenting plan, spousal maintenance, or child support is at issue, each party shall serve on the other party and file with the Court a written summary setting forth a brief statement of the issues in dispute and a brief statement of the party's proposed resolution of the issues. The pretrial statement shall indicate which proposed parenting plan and worksheets are being requested for adoption, or if none are filed, a parenting plan and worksheets shall be attached to the statement.

CRITICAL

Applies to

Paternity case billing

For paternity cases with state-guaranteed payment, the guardian ad litem must complete the state form, attach an itemized statement, and submit them to the specified deputy prosecutor within 60 days after entry of final orders.

For paternity cases where the state guarantees payment of the guardian ad litem fees and costs, the guardian ad litem shall complete the form provided by the state and attach an itemized statement and submit same to the Grays Harbor County Deputy Prosecuting Attorney for the Office of Support Enforcement within sixty days of entry of final orders.

CRITICAL

Applies to

Motion for entry of judgment

The motion must include an itemized statement.

The motion shall attach an itemized statement.

CRITICAL

Applies to

Jury instructions

Any modification to the Washington Pattern Jury Instructions must be clearly identified on the annotated copies.

Any modification to the Washington Pattern Jury Instructions shall be clearly noted on the annotated copies.

CRITICAL

Applies to

Document signed under penalty of perjury

A document signed under penalty of perjury must include the oath language required by GR 13 and comply with GR 30.

Documents signed under penalty of perjury must include the oath language required by GR 13, and must comply with GR 30.

CRITICAL

Applies to

Appointed counsel

In the specified dependency and termination proceedings, an appointment order must be filed before the Clerk adds an attorney as appointed counsel of record.

In dependency, dependency guardianship under chapter 13.34 RCW, and termination proceedings under Title 13 RCW, the Clerk will not add an attorney as appointed counsel of record in the court’s case management system unless a court order appointing counsel is filed in the case. Upon filing, the Clerk will add counsel as appointed counsel of record

CRITICAL

Applies to

Motion

A party presenting the same relief application to another judicial officer must disclose that the earlier motion was refused or conditionally granted and the condition was not performed.

When a motion seeking relief has been refused in whole or in part or has been granted conditionally and the condition has not been performed, the same application for relief shall not be presented to another judicial officer without advising the second judicial officer of the fact that the prior motion was previously refused or conditioned.

CRITICAL

Applies to

Request for payment

The arbitrator’s payment request must use a form prescribed by the Court.

When the award is filed, the arbitrator shall submit to the Court Administrator a request for payment on a form prescribed by the Court.

CRITICAL

Applies to

Motion for revision

The original revision motion, supporting materials, proof of service on all parties, and a bench copy for the assigned judge must be filed.

The original motion and supporting materials and proof of service upon all parties, along with a bench copy for the assigned judge, will be filed.

CRITICAL

Applies to

Itemized statement

Any party may request an itemized statement of fees and costs incurred, and the guardian ad litem must provide it within 10 working days.

At any time during the course of an active case, any party may request an itemized statement from the guardian ad litem of the fees and costs incurred to date which the guardian ad litem shall provide within ten working days.

CRITICAL

Applies to

Prehearing statement of proof

Each party must furnish the arbitrator copies of relevant pleadings and other documents from the court file.

In addition to the requirements of MAR 5.2, each party shall also furnish the arbitrator with copies of pleadings and other documents contained in the court file which that party deems relevant.

CRITICAL

Applies to

Request for trial setting

In every civil or family law case to be arbitrated, the party filing the request for trial setting must complete the statement of arbitrability portion of the Court’s website form.

In every civil or family law case to be arbitrated, the party filing the request for trial setting shall complete the statement of arbitrability portion of the form found on the Court’s website.

CRITICAL

Applies to

Presentence memorandum

Counsel’s presentence memoranda are required in the listed felony and sex-offense cases, when an exceptional sentence is requested, after a jury trial, and when directed by the Court.

Presentence Memoranda are required in the following cases: 1. Class A felonies; 2. Sex offenses as defined in RCW 9.94A.030(47); 3. Violent offenses as defined in RCW 9.94A.030(58); 4. Any case in which a party is requesting an exceptional sentence, either above or below the standard range; 5. Any case resolved by jury trial. 6. When directed by the Court.

CRITICAL

Applies to

Motion for guardian ad litem

A person seeking appointment of a guardian ad litem must submit a motion to the court.

An individual seeking a guardian ad litem must submit a motion to the court.

CRITICAL

Applies to

Grievance

A grievance must be written and filed with the Court Administrator.

The grievance must be in writing and filed with the Court Administrator.

CRITICAL

Applies to

Subsequent application

A subsequent application based on different alleged facts must include an affidavit describing the prior application, the judge and decision, and the claimed different facts.

If a subsequent application is made upon an alleged different set of facts, it shall be shown by affidavit what application was made, when and to what Judge, what order or decision was made thereon, and what different facts are claimed to be shown.

CRITICAL

Applies to

Document

If the parties have not agreed on asset and liability division, each party must file and exchange a proposed allocation with estimated values before the pretrial conference.

Prior to the pretrial conference, if the parties have not agreed on the division of the parties’ assets and liabilities, each party shall, utilizing a format consistent with that set forth in the form available on the Court’s website, file and exchange a document setting forth that party’s proposed allocation and the estimated values of the items before the Court for division.

CRITICAL

Applies to

Omnibus application

The parties may submit an agreed omnibus order; otherwise, each party must submit an omnibus application in substantially the prescribed form by the omnibus hearing.

The parties may submit an agreed order on omnibus. If an agreed order will not be submitted, each party shall prepare and submit an omnibus application substantially in the form set forth in Criminal Rules for Superior Court on or before the time set for the omnibus hearing.

CRITICAL

Applies to

Report

A guardian ad litem or court visitor must file a written report with the court and parties no later than 30 days before a hearing for which a report is required.

A guardian ad litem or court visitor shall file a written report with the court and the parties as required by law or court order or in any event not later than 30 days prior to a hearing for which a report is required.

CRITICAL

Applies to

Final order

The final parentage order must be filed under both the original confidential cause number and the new public cause number.

The final order determining parentage shall be filed in the original confidential cause number and in the new public cause number.

CRITICAL

Applies to

Retained counsel

Retained counsel for a parent or child in a dependency, dependency guardianship under chapter 13.34 RCW, or termination proceeding may be added upon filing: (1) a Notice of Appearance identifying the party represented and counsel’s WSBA number; and (2) an Attorney Declaration of Retained Representation signed under penalty of perjury stating counsel is retained/authorized to represent the party.

Retained counsel for a parent or child in a dependency, dependency guardianship under chapter 13.34 RCW, or termination proceeding may be added upon filing: (1) a Notice of Appearance identifying the party represented and counsel’s WSBA number; and (2) an Attorney Declaration of Retained Representation signed under penalty of perjury stating counsel is retained/authorized to represent the party.

CRITICAL

Applies to

Objection

A party objecting to proposed final orders must file written objections with proposed substitutions and deliver them to the prevailing party and the court by noon the day before the presentment hearing.

Any party objecting to the proposed final orders submitted by another party shall file written objections with proposed substitutions and deliver a copy of same to the prevailing party and the Court by noon the day before the scheduled presentment hearing.

CRITICAL

Applies to

Foreign language translation

A foreign-language document attached to an English original must include a certification under penalty of perjury that it is a true and correct translation.

Such documents must be accompanied by a certification under penalty of perjury that the foreign language document is a true and correct version of the English document that has been translated.

CRITICAL

Applies to

Notice of appearance

A Notice of Appearance must clearly establish whether counsel is retained or appointed; otherwise, the Clerk will withhold case-management access and e-notice-list addition until correction.

If a Notice of Appearance does not clearly establish retained status versus appointed status as required by this rule, the Clerk will not add counsel for case management access/e-notice lists until corrected.

CRITICAL

Applies to

Report

The report must include a written list of documents considered or brought to the guardian ad litem's or court visitor's attention and people interviewed during the investigation.

The report shall be accompanied by a written list of documents considered or called to the attention of the guardian ad litem or court visitor and persons interviewed during the course of the investigation.

CRITICAL

Applies to

Department documentation

In Title 13 proceedings, the guardian ad litem must be notified of and invited to specified Department proceedings and receive access to or copies of relevant Department documentation within 30 days of appointment, at no cost and subject to the stated redaction and updating requirements.

In order to accommodate the guardian ad litem's duties in Title 13 RCW juvenile court proceedings, the guardian ad litem shall be timely notified of and invited to all Department staffings, meetings, and other proceedings involving the dependency to which counsel for the parents are provided notice and shall be provided access to and/or copies of all documentation in the possession of the Department involving the parties to the dependency within thirty days of the appointment of the guardian ad litem and at no cost to the guardian ad litem subject to the Department's responsibility to redact certain identifying information and to provide updated information as it becomes available to the Department as set forth in Title 13 RCW.

CRITICAL

Applies to

Trial brief

Trial briefs are required in all cases and must summarize anticipated legal issues or state in writing that no legal issues are expected.

Trial briefs shall be filed in all cases. Trial briefs shall provide a summary of legal issues that are anticipated to arise at trial. If there are no legal issues expected, that should be put into writing.

CRITICAL

Applies to

Jury instructions

One printed copy of the annotated proposed instructions must be filed with the clerk.

One printed copy of the annotated proposed instructions shall be filed with the clerk.

CRITICAL

Applies to

Request for trial de novo

A request for trial de novo must include a request for trial setting using the Court’s website form.

The request for trial de novo shall be accompanied by a request for trial setting using the form found on the Court’s website.

CRITICAL

Applies to

Request for compensation

If an arbitrator exceeds the compensation limit without prior approval, a written explanation must accompany the compensation request.

In situations where the arbitrator goes over the limit without gaining prior approval, a written explanation shall be attached to the arbitrator's request for compensation.

CRITICAL

Applies to

Filing under waiver

While an e-filing waiver is in effect, each filing under it must include the specified waiver notation on its first page.

While a waiver is in effect, filings made under the waiver must state on the first page: “Exempt from Electronic Filing per waiver filed on (date).”

CRITICAL

Applies to

Trial brief

If the Defense agrees with the State’s instructions, the agreement must be noted in the Defense trial brief and no additional instructions need be filed.

If the Defense agrees with the State’s instructions, that agreement shall be noted in the Defense trial brief and no further instructions need to be filed.

CRITICAL

Applies to

Request to appear remotely form

An individual seeking an exception to the Court Policy must submit a completed Request to Appear Remotely form at least two court days prior to the hearing and receive Court approval.

An individual seeking an exception to the Court Policy must submit a completed Request to Appear Remotely form at least two court days prior to the hearing and receive Court approval.

CRITICAL

Applies to

Waiver

A granted electronic-filing waiver must be filed in each affected case.

If granted, the waiver must be filed in each affected case.

CRITICAL

Applies to

Motion for entry of judgment

The guardian ad litem must note a hearing on a motion for entry of judgment and an order for payment of fees.

The guardian ad litem shall note a hearing for a motion for entry of judgment and order for payment of fees.

CRITICAL

Applies to

Witness disclosure

Witness disclosures must include contact information and a brief description of relevant knowledge; expert disclosures must also summarize opinions, their basis, and qualifications.

Disclosure of witnesses under this rule shall include the witness’ name, address, and phone number, along with a brief description of the witness’ relevant knowledge. Disclosure of expert witnesses shall also include a summary of the expert's opinions and the basis therefore and a brief description of the expert’s qualifications.

CRITICAL

Applies to

Motion

A motion based on an alleged different state of facts must include an affidavit identifying the prior application, its timing and judicial officer, its disposition, and the claimed new facts.

If a subsequent motion for relief is made upon an alleged different state of facts, it shall be shown by affidavit what application was made, when and to what judicial officer, what order or decision was made thereon, and what new facts are claimed to be shown.

CRITICAL

Applies to

Proposed findings conclusions

Must include

proposed order

When findings and conclusions are required, the prevailing party must, within 15 days of the decision, file proposed findings and a proposed judgment or order, deliver copies to the court and parties, and provide timely presentment notice for a date certain; another party may do so if the prevailing party fails.

When the entry of Findings of Fact and Conclusions of Law are required either by rule or statute, the prevailing party, within fifteen (15) days of the decision being rendered, shall file along with proposed Findings of Fact and Conclusions of Law and a Proposed Judgment/Order and deliver a copy of same to the Court and to all other parties with a timely notice of presentment setting the matter for a date certain in front of the judicial officer that ruled on the matter. On the prevailing party’s failure to do so, any other party to the matter may timely note the matter for presentment subject to filing and delivery of the same required documents identified herein.

CRITICAL

Applies to

Grievance file

The confidential grievance file must contain the grievance, the guardian ad litem’s response, and the written initial and final dispositions, and must be maintained for at least six years.

The confidential file of the grievance shall include the original grievance, the guardian ad litem's response, and the written initial and final dispositions of the matter and shall be maintained by the Court Administrator for a period for no less than six years.

CRITICAL

Applies to

Financial information or declaration

Each party must provide financial information or a declaration.

Each party shall provide financial information or declaration

CRITICAL

Applies to

Motion

Must include

proposed order

In qualifying Title 13 and Title 26 cases, a guardian ad litem who is not serving under an annual county contract must file a motion and proposed order with an itemized fee-and-cost statement.

For Title 13 RCW and Title 26 RCW cases where the county guarantees payment of the guardian ad litem fees and costs, the guardian ad litem, if not serving under an annual contract for services with the county, shall file with the Court a motion and proposed order with an itemized statement for payment of said fees and costs.