Island County Superior Court Document Filing Requirements

CRITICAL

Applies to

Family law trial documents

Each party in a contested family law trial must provide the court with a current financial declaration and attachments, a written pretrial affidavit, and, if children are involved, a proposed parenting plan and child support worksheets.

In addition to the trial briefs required under LCR 77(k), and exhibits addressed in LCR 39(e) each party in all contested trials in family law matters shall provide the Court with (1) a current Financial Declaration (FL All Family 131) and all attachments; (2) a written Pretrial Affidavit indicating a proposed division of assets and liabilities, which form can be found on the Superior Court website; and (3) if children are involved, a proposed parenting plan and child support worksheets.

CRITICAL

Applies to

Reviewing judge response

The reviewing judge must provide the complainant with a copy of the grievance procedures.

The reviewing judge shall provide the complainant with a copy of these grievance procedures.

CRITICAL

Applies to

Motion

At the conclusion of a county-funded GAL or Court Visitor appointment, the appointee must submit a payment-approval motion containing time records of work performed and the hourly rate charged.

(c) Payment of Guardians ad litem/Court Visitors at Public Expense. If the Court has appointed a GAL or Court Visitor to be paid by the county, the person accepting that appointment shall, at the conclusion of the appointment submit a motion to the court for approval of payment. The motion shall contain time records showing time and work performed and the hourly rate charged.

CRITICAL

Applies to

Guardianship petition

A petitioner may not seek an RCW 11.130 guardianship for a minor who is currently subject to an RCW 13.34 dependency action unless the Juvenile Court authorizes concurrent jurisdiction.

Any petitioner seeking guardianship over a minor child who is currently the subject of a dependency action under RCW 13.34 may not seek a guardianship under RCW 11.130 unless the Juvenile Court authorizes concurrent jurisdiction under RCW 13.34.155.

CRITICAL

Applies to

Motion to shorten time

A motion to shorten time must include a written certification stating that self-represented parties or counsel were notified of the hearing time and place, or explaining why notice was not given.

The motion shall contain a written certification that self-represented parties or counsel were notified of the time and place when the motion to shorten time is to be heard, or the reasons why such notice was not given.

CRITICAL

Applies to

Note for trial assignment

A case cannot be noted for trial assignment until all Complaints, Petitions, Counterclaims, and Crossclaims have been answered and responsive pleadings filed with the Clerk.

No case shall be noted for trial assignment unless all Complaints, Petitions, Counterclaims, and Crossclaims have been answered and responsive pleadings filed with the Court Clerk.

CRITICAL

Applies to

Proposed order

Must include

proposed order

A delivery to the Clerk for presentation of a proposed order must include the original order and supporting materials.

The original order, supporting materials, and the required fee as set forth in the Clerk’s fee schedule (LCR 79(g)(1)) must be included in the delivery.

CRITICAL

Applies to

Initial hearing statement

Each party must file a statement with the Court Clerk stating their position on the issues for the initial hearing; it may be a declaration or memorandum.

Each party shall file with the Court Clerk, a statement that addresses their position on the above issues. This statement may be in the form of a declaration or memorandum.

CRITICAL

Applies to

Motion or response

Must include

proposed order

A proposed order must accompany the motion or response as an exhibit, be included in the judge’s copy, be suitable for adoption or modification, and not be filed separately; its original is retained for presentation at the hearing, subject to the remote-hearing alternative.

A proposed order shall be served with the motion or response to motion as an exhibit thereto and shall be included in the Judge’s copy provided to the Court. The proposed order shall be in a form that the Court can adopt or modify, consistent with the Court’s decision on the motion. The proposed order shall not be filed as a separate document with the Clerk. Originals of the proposed orders shall be retained by counsel or party and presented for entry at the time of the hearing. Alternatively, counsel or parties appearing at a hearing remotely, may submit proposed orders for entry as permitted by LCR 54(f)(4).

CRITICAL

Applies to

Order or judgment

Must include

proposed order

When the Court issues a qualifying ruling without entering a final judgment or order, the substantially prevailing party or other party designated by the Court must prepare a conforming order or judgment and any necessary findings and conclusions.

If the Court issues an oral or memorandum decision after trial, or rules on a motion at the conclusion of a scheduled hearing (written or oral), and no final judgment or order is entered at the time the ruling is made, the substantially prevailing party or such other party designated by the Court, shall prepare an order or judgment and any necessary findings of fact and conclusions of law, in conformity with the Court’s oral or written pronouncement.

CRITICAL

Applies to

Criminal history report

Petitioners must file the results of a Washington State Patrol criminal history report with the action.

At the time of filing the action, the petitioner(s) shall file the results of a Washington State Patrol criminal history report as required by RCW 11.130.210

CRITICAL

Applies to

Form letter

The required form letter for a grievance involving a pending case must advise the complainant to address the matter in the pending case by seeking removal or contesting the guardian ad litem’s information or recommendations.

If the complaint or grievance involves a pending case, the Court Administrator shall send out a form letter no later than fourteen (14) days after receiving the complaint or grievance advising the complainant that the matter must be handled in context of the pending case, either by seeking the removal of the guardian ad litem/Court Visitor or by contesting the information or recommendations contained in the guardian ad litem’s report or testimony.

CRITICAL

Applies to

Proposed final family law documents

In divorce, legal-separation, or annulment actions where no party has counsel, the listed proposed final documents must first be reviewed and initialed by the Court Facilitator before the court considers final entry.

In any action for divorce, legal separation, or annulment, where none of the parties are represented by counsel, the proposed final findings and conclusions about a marriage, divorce/legal separation order, parenting plan and child support documents shall first be reviewed and initialed by the Court Facilitator before the Court will consider final entry.

CRITICAL

Applies to

Motion and order

At the time the action is filed, the petitioner must submit a motion and order directing DCYF to release information.

At the time of filing the action, the petitioner(s) shall submit a motion and order directing the Department of Children, Youth and Families (DCYF) to release information as provided

CRITICAL

Applies to

Trial brief or memorandum

In criminal trials with contested legal or evidentiary issues, each party must prepare a trial brief or memorandum stating the issues and supporting authorities and provide it to the Clerk, opposing counsel, and assigned judge by noon two judicial days before trial.

In criminal trials with contested legal or evidentiary issues, each party shall prepare a trial brief or memorandum of authorities containing the issues involved and the authorities supporting same and provide the same to the Clerk, opposing counsel and assigned judge by noon two (2) judicial days prior to the date set for commencement of trial.

CRITICAL

Applies to

Proposed order

Must include

caption

For each hearing, the moving party must provide a proposed order with the full caption and required names and contact information, leaving findings and order sections blank except for that required information.

The moving party must supply the Court with proposed orders for each hearing in conformance with LCR 6(d)(1)(D). The proposed orders shall contain the entire case caption and all names and contact information as denoted within each form but leave blank all findings and order sections, other than required names and contact information as denoted within each form.

CRITICAL

Applies to

Informal family law trial selection form

Parties selecting an informal family law trial must file the Informal Family Law Trial Selection form within the selection period unless the court orders otherwise for good cause.

Parties must file the “Informal Family Law Trial Selection” form (found on the Superior Court website) within this time frame unless otherwise ordered by the Court for good cause shown.

CRITICAL

Applies to

Statement of readiness

When no matters need resolution by the Court, a party may waive personal appearance at the readiness hearing only after certifying and filing a written statement of readiness on the applicable court form.

If there are no matters to be resolved by the Court, a party’s personal appearance at the readiness hearing may be waived, provided the party has certified and filed his or her readiness for trial with a written statement of readiness using the applicable form on the Superior Court website.

CRITICAL

Applies to

Reviewing judge notice

The reviewing judge must provide the guardian ad litem with the grievance procedures and the original complaint or grievance.

The reviewing judge shall provide the guardian ad litem with a copy of these grievance procedures and a copy of the original complaint or grievance.

CRITICAL

Applies to

Final documents

If a motion is granted in whole or in part, the moving party must prepare and present any resulting written findings, conclusions, and orders unless the court orders otherwise.

If a movant's motion is granted in whole or in part, the moving party shall be responsible to prepare and present any written findings of fact, conclusions of law, and orders necessary as a result of the decision, unless the court orders otherwise.

CRITICAL

Applies to

Notice of contested issues

A notice of contested issues must be accompanied by written evidence supporting the issue.

The notice of contested hearing shall be accompanied by written evidence in support of the issue.

CRITICAL

Applies to

Acceptance of appointment

The guardian’s name on the acceptance of appointment must be typed or printed exactly as it appears in the order.

The name(s) of the guardian(s) must be typed or printed on the acceptance of appointment exactly as it appears in the order.

CRITICAL

Applies to

Permanent minor guardianship petition

A permanent minor guardianship must be commenced by filing a summons, petition, confidential information form, and declaration explaining the reasons unless already explained in an emergency petition; the requirement does not apply to matters converted from RCW 26.10.

All petitions for permanent minor guardianship shall be commenced by the filing of a summons, petition, confidential information form, declaration explaining reasons for minor guardianship if the reasons are not otherwise explained in a petition for emergency minor guardianship. This requirement does not apply to matters converted from RCW 26.10.

CRITICAL

Applies to

Final determination notice

The complainant and guardian ad litem must receive written notice of the final determination and, if there is an appeal, the final disposition and any sanctions imposed.

The complainant and the guardian ad litem shall be notified in writing of the reviewing judge’s final determination and in the case of an appeal, the final disposition and any sanctions imposed.

CRITICAL

Applies to

Supplemental confidential information form

Prior to presenting a permanent parenting plan to the court for approval and filing, the party or parties shall comply with RCW 26.09.182 by submitting a completed “Supplemental Confidential Information” form to the Island County Superior Court Clerk. Such request shall include the names and dates of birth of all persons residing in each residence

Prior to presenting a permanent parenting plan to the court for approval and filing, the party or parties shall comply with RCW 26.09.182 by submitting a completed “Supplemental Confidential Information” form to the Island County Superior Court Clerk. Such request shall include the names and dates of birth of all persons residing in each residence

CRITICAL

Applies to

Exhibit submission

Each exhibit set submitted to the Clerk must include an exhibit list in hard copy and an electronic MS Word-compatible version.

Each set of exhibits shall be submitted to the Clerk with an exhibit list in hard copy and an electronic MS Word (or compatible) version prepared by the submitting party.

CRITICAL

Applies to

Certificate

A certificate of completion signed by the mediator and using the applicable court form must be filed within seven calendar days after mediation is completed.

Within seven (7) calendar days of completion of mediation, a certificate of completion signed by the mediator (using the applicable form on the Superior Court website) shall be filed with the Court by the mediator or one of the parties.

CRITICAL

Applies to

Exhibit list

The exhibit list must use the Clerk’s form, available on the Clerk’s webpage or on request.

(C) The exhibit list shall be prepared on the Clerk's form, as available on the Clerk's webpage or on request.

CRITICAL

Applies to

Report

The Settlement Guardian ad Litem’s report must state time spent, expenditures made, and requested fees and costs.

The Settlement Guardian ad Litem’s report shall include the statement of time spent, expenditures made, and fees and costs requested as required by SPR 98.16W(e)(14).

CRITICAL

Applies to

Motion evidence

Deposition testimony, discovery pleadings, and documentary evidence must be quoted verbatim or accompanied by photocopies of the relevant pages.

Deposition testimony, discovery pleadings, and documentary evidence must be quoted verbatim, or a photocopy of relevant pages must be attached.

CRITICAL

Applies to

Transmittal email

Each transmittal email must identify the case by name and cause number, cover only one case, list attached or linked documents, and include the sender’s complete contact information.

The subject field of each transmittal email under subsection (3)(A) or (3)(B) of this rule shall indicate the name and cause number of the case to which it pertains. Each transmittal email may serve documents for only one case. Each transmittal email shall include, in the body of the email, a list of the electronic documents attached or linked on the file transfer server. The sending transmittal email shall include, in the body of the email, complete contact information of the sender, including name, phone number, and a reply email address if different from the sending address.

CRITICAL

Applies to

Protection order petition

Must include

proposed order

A party petitioning for a protection order must provide the Clerk with proposed Protection Orders for the Court’s consideration.

Additionally, the petitioning party shall provide the Clerk with proposed Protection Orders for the Court’s consideration.

CRITICAL

Applies to

Documentary exhibits

Unless a party intends to offer fewer than ten (10) documentary exhibits in their case in chief, counsel for each party or the party themselves, if self-represented, shall present their original documentary exhibits for their case in chief (not including exhibits that may be offered for impeachment or in rebuttal) to the Clerk by 12:00 noon two court days before trial for marking.

Unless a party intends to offer fewer than ten (10) documentary exhibits in their case in chief, counsel for each party or the party themselves, if self-represented, shall present their original documentary exhibits for their case in chief (not including exhibits that may be offered for impeachment or in rebuttal) to the Clerk by 12:00 noon two court days before trial for marking.

CRITICAL

Applies to

Petition

Must include

proposed order

The petitioner must present a proposed appointment order stating the report due date and the source and manner of payment of the Settlement Guardian ad Litem’s fees and costs.

The petitioner shall present a proposed Order Appointing Settlement Guardian ad Litem. The order shall identify the date by which the report required by SPR 98.16W(c)(1) is due and shall specify the source and manner of payment of the Settlement Guardian ad Litem’s fees and costs.

CRITICAL

Applies to

Notice of readiness

A notice of readiness must identify the case, designate the judicial officer who made the original ruling, and certify that the matter is ready for a ruling.

After expiration of ten (10) calendar days following filing and service of the motion, either party may file and serve on opposing counsel and file with the Clerk, a notice containing the case heading, a designation of the Judge or judicial officer making the original ruling and certifying that the matter is ready for a ruling on the motion for reconsideration.

CRITICAL

Applies to

Petition

A standalone emergency minor guardianship is commenced by filing a petition using Form GDN M 204.

If an emergency minor guardianship is filed as a standalone proceeding, as opposed to a motion for emergency guardianship order in a pending minor guardianship matter, an emergency guardianship is commenced by filing a petition (Form GDN M 204).

CRITICAL

Applies to

Note for trial setting and notice of conflict dates

Counsel or self-represented parties must file the Note for Trial Setting and Notice of Conflict Dates with the Clerk, provide a copy to the Court Administrator, and use the applicable Superior Court forms.

Counsel or, if self-represented, parties, shall file with the Court Clerk, provide a copy to the Court Administrator, and serve on all parties, (including the guardian ad litem), a Note for Trial Setting and a Notice of Conflict Dates using the applicable forms on the Superior Court website.

CRITICAL

Applies to

Application for gal public expense

If both parents are indigent and financially unable to pay, they may apply for a GAL at public expense by submitting the application to the Court Facilitator, who assists in identifying the forms to file, including a motion, supporting documentation, and declarations.

(1) Family Law Cases - Appointment of GAL at Public Expenses. If both parents in a family law case are indigent and financially unable to pay those costs, they may apply to have a GAL appointed at public expense. (See, RCW 26.12.175(1)(d)). Applications for the appointment of a GAL at public expense shall be submitted to the Court Facilitator who will then assist the applicant by identifying proper forms to file with the Court, including a motion and supporting documentation and declarations.

CRITICAL

Applies to

Complaint or grievance

Each complaint or grievance must include the filer’s signature, name, address, and the action’s case number.

All complaints or grievances must bear the signature, name and address of the person filing the complaint, and the case number of the action.

CRITICAL

Applies to

Seminar completion certificate

After completing the seminar, each party must file the provider’s completion certificate with the Court and provide a copy to the judge when presenting final documents.

(2) Certificate of Completion. Upon completion of the seminar, each party shall file with the Court the seminar completion certificate provided by the sponsoring agency or provider. Additionally, a copy of the certificate of completion shall be provided to the judge at presentation of final documents.

CRITICAL

Applies to

JIS request form

An additional party seeking intervention or entitled to notice must provide Court Administration with a JIS request for every adult in that party's home.

Any additional party requesting intervention or who has a right to notice in the proceeding shall ensure a JIS request is provided to Court Administration for all adults in their home.

CRITICAL

Applies to

Temporary or final minor guardianship order

Temporary and final minor-guardianship orders presented without an attorney must first be reviewed and initialed by the Court Facilitator, unless the Court waives the requirement for good cause.

Unless presented by an attorney, no temporary or final Orders in minor guardianship cases shall be presented to the Court without first being reviewed and initialed by the Island County Superior Court, Court Facilitator. This requirement may be waived by the Court for good cause shown.

CRITICAL

Applies to

Exhibit admissibility stipulation

Any stipulation to exhibit admissibility must be in writing or on the record on the first day of trial.

If the parties stipulate to the admissibility of exhibits, they shall do so in writing or on the record the first day of trial.

CRITICAL

Applies to

Reviewing judge response

The reviewing judge’s written response must inform the complainant what action will be taken.

The reviewing judge shall then investigate the complaint or grievance and respond in writing to the complainant or grievance within thirty (30) calendar days of receiving such complaint or grievance, informing the complainant of the action that will be taken.

CRITICAL

Applies to

Objection

Written objections must attach the proposed orders, identify the disputed provisions, and offer alternative language.

Objections must include the proposed orders as an attachment, specifically identify the objectionable provisions, and shall offer alternative language.

CRITICAL

Applies to

Electronic communication evidence

When offering electronic communications, the party or lawyer must provide an inspectable summary or label each speaker, and must certify the communication’s authenticity and authorship under penalty of perjury.

(5) Electronic communications as evidence. If a party or lawyer in a family law case intends to submit copies of emails, texts, or other electronic communications between individuals, the party or lawyer offering this type of evidence shall: (A) Provide a summary of the content of a text message or email without attaching a copy of the actual communication, so long as it is available for inspection by any other party to the proceeding; or (B) Clearly label the name of the “speaker” at each location where the conversation changes; and (C) Certify, under penalty of perjury, that the copy of the email, text or other electronic communication submitted is a true and correct copy of the original, has not been altered in any manner, and that the apparent author of the communication is the person who actually transmitted it.

CRITICAL

Applies to

Declaration or affidavit

Declarations and affidavits must be signed by the declarant or affiant; qualifying electronic signatures satisfy the requirement.

Declarations or affidavits shall be signed by the declarant or affiant. Electronic signatures submitted in accordance with GR 30 shall satisfy this requirement.

CRITICAL

Applies to

Motion

A motion must be filed and served with a notice of hearing that sets a hearing date on the appropriate calendar.

The motion shall be filed and served with a notice of hearing setting a hearing date for the motion on the appropriate calendar.

CRITICAL

Applies to

Reconciliation petition

A party requesting a Family Court reconciliation hearing must file a petition with the Superior Court Clerk and obtain a specially set hearing date and time from the Court Administrator.

A party requesting a hearing for reconciliation before Family Court under RCW 26.09.030 shall file a petition with the Superior Court Clerk and obtain a specially set hearing date and time from the Court Administrator.

CRITICAL

Applies to

Petition

When presenting the petition, the petitioner must propose a specific Settlement Guardian ad Litem and describe that person’s credentials.

At the time the petition is presented, the petitioner shall propose a specific person to serve as Settlement Guardian ad Litem and describe the proposed Settlement Guardian ad litem’s credentials.