Island County Superior Court Filing Timing and Cure Windows

CRITICAL

Deadline

2 court days

Opposing parties must file written objections to draft provisions inconsistent with the Court's ruling by 4:30 p.m. two court days before the hearing.

Opposing parties who object to any provision of the draft documents as being inconsistent with the Court's ruling must file written objections by 4:30 p.m. two court days prior to the hearing.

CRITICAL

Deadline

5 court days

Proposed temporary and final orders following a ruling must be delivered to the Court no later than 4:30 p.m. five court days before the presentation hearing.

Notwithstanding the provisions of LCR 54(e), proposed temporary and final orders following a Court ruling in a family law case. shall be delivered to the Court and to the opposing party no later than 4:30 p.m. five court days prior to the scheduled hearing on presentation.

CRITICAL

Deadline

1 court days

A reply must be filed by 4:30 p.m. one judicial day before the presentation hearing.

Any reply from the presenting counsel or party shall be in writing and filed with the Court and served on all other counsel or parties no later than 4:30 p.m. one (1) judicial day prior to the presentation hearing.

CRITICAL

Deadline

2 court days

Objections to a proposed order or judgment must be filed by 4:30 p.m. two judicial days before the presentation hearing.

Any such objections shall be filed with the Court and served on the presenting counsel or presenting party no later than 4:30 p.m., two (2) judicial days prior to the date of the presentation hearing.

CRITICAL

Proposed jury instructions must be submitted before trial begins and no later than 9 a.m. on the day the case is called for trial.

Proposed jury instructions shall be submitted prior to commencement of trial but in no event later than 9 a.m. the day on which the case is called for trial.

CRITICAL

Pleadings and supporting documents for an ex parte matter considered Tuesday through Friday must be filed by 11:00 a.m. on the day the proposed orders are presented.

(2) Tuesday – Friday Calendar. If an ex parte matter is to be considered at 1:00 p.m. on Tuesday through Friday, then pleadings and supporting documents shall be filed and delivered no later than 11:00 a.m. on the day that the proposed order or orders will be presented.

CRITICAL

Deadline

5 court days

For a special-set contested summary judgment hearing, the moving party must confirm its intent to proceed by noon five judicial days before the hearing; the hearing will be stricken if it is not confirmed unless the Court orders otherwise.

If a hearing on a contested summary judgment motion has been scheduled for hearing as a “special set” hearing, the moving party shall confirm the moving party’s intent to proceed with the summary judgment motion and hearing. Confirmation shall be provided to the superior court, Court Coordinator by 12:00 noon, five (5) judicial days before the scheduled hearing date. If a summary judgment hearing is not confirmed in accordance with this rule, the hearing will be stricken unless the Court orders otherwise.

CRITICAL

Deadline

6 calendar days

Opposing or responsive affidavits, declarations, and related documents must be filed by 4:00 p.m. 6 calendar days before the hearing, except where the Civil Rules or an order set otherwise.

Except as otherwise provided in the Civil Rules governing motions for summary judgment, motions for reconsideration, or an order setting deadlines for a specific motion or hearing, opposing or responsive affidavits, declarations and related documents shall be filed with the Clerk’s office no later than 4:00 p.m., six (6) calendar days prior to the scheduled hearing.

CRITICAL

Deadline

12 calendar days

Notices for the law and motion calendar must be filed with the Clerk by 4:00 p.m. at least 12 calendar days before the hearing.

All notices for the law and motion calendar shall be filed with the Clerk of the Court no later than 4:00 p.m. twelve (12) calendar days preceding the date of the hearing.

CRITICAL

Deadline

4 calendar days

Strict reply affidavits, declarations, memoranda, and related documents may raise no new issues or facts and must be filed by 4:00 p.m. 4 calendar days before the hearing.

Affidavits, declarations, memoranda, and related documents submitted in strict reply to the response material (i.e., no new issues or facts), shall be filed with the Clerk’s office no later than 4:00 p.m., four (4) calendar days prior to the hearing

CRITICAL

The motion and order directing DCYF to release information must be submitted when the action is filed.

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

Unless an articulable emergency exists, a protection order petition and supporting documents must be filed by 11:00 a.m. before presentation on the ex parte calendar.

(3) Protection Orders. If the matter being presented ex parte is a protection order petition, then, unless an articulable emergency exists, the petition and supporting documents shall be filed with the clerk no later than 11:00 a.m. prior to the time the matter will be presented on the ex parte calendar.

CRITICAL

Deadline

12 calendar days

Except for summary judgment, reconsideration, and motions that may be heard ex parte, a written motion must be filed by 4:00 p.m. 12 calendar days before the scheduled hearing.

Notwithstanding the provisions of CR 6(d), a written motion, other than summary judgment motions, motions for reconsideration, and motions that may be heard ex parte, shall be filed with the Clerk’s office no later than 4:00 p.m., twelve (12) calendar days prior to the date of the scheduled hearing.

CRITICAL

Deadline

60 calendar days

(1) Requirement for Mandatory Mediation. In all cases specified in LSPR 94(a) with unresolved issues, except cases solely related to modification of child support, all parties shall, in good faith, engage in mediation with a court-approved mediator in an effort to resolve the case, unless mediation is waived as set forth herein. Mediation shall be completed at least sixty (60) calendar days prior to the scheduled trial date. (2) Mandatory Mediation Not Required. Mediation shall not be required in the following cases: (A) For good cause shown upon motion and approval by the Court; or

(1) Requirement for Mandatory Mediation. In all cases specified in LSPR 94(a) with unresolved issues, except cases solely related to modification of child support, all parties shall, in good faith, engage in mediation with a court-approved mediator in an effort to resolve the case, unless mediation is waived as set forth herein. Mediation shall be completed at least sixty (60) calendar days prior to the scheduled trial date. (2) Mandatory Mediation Not Required. Mediation shall not be required in the following cases: (A) For good cause shown upon motion and approval by the Court; or

CRITICAL

(7) Decision on Motion; Notice of Readiness; 90 Day Deadline for Readiness

(7) Decision on Motion; Notice of Readiness; 90 Day Deadline for Readiness

CRITICAL

Deadline

10 calendar days

The filing described in the preceding text must be filed and served within ten calendar days after entry or filing of the judgment, order, or other written decision.

of Court and served on opposing counsel, or on the opposing party if unrepresented, no later than ten (10) calendar days after entry/filing of the judgment, order, or other written decision.

CRITICAL

Deadline

3 court days

After receiving the department’s report, a notice contesting an issue must be filed no later than three judicial days before the hearing.

After receipt of the department’s report, if a parent, guardian ad litem, or volunteer guardian ad litem wishes to contest any issue, he or she must file and serve a notice of contested issues no later than three (3) judicial days before the hearing.

CRITICAL

The Petitioner’s written evidence must be filed at least five judicial days before the substantive hearing.

Any written evidence that the Petitioner intends to present at the substantive hearing shall be filed, provided to the court (in the form of judge’s copies), and provided to the other parties, at least five (5) judicial days prior to the hearing.

CRITICAL

Deadline

5 court days

The statement must be provided to all parties and the court, as Judge's copies, no later than five court days before the initial hearing.

Said statement shall be provided to all parties and the court (in the form of Judge’s copies) no later than five (5) court days prior to the initial hearing.

CRITICAL

Untimely notice waives the right to contest issues other than the department’s permanency plan unless good cause is shown.

Unless good cause is shown, failure to provide timely notice of contested issues shall constitute a waiver of the right to contest any issue, except the department’s permanency plan.

CRITICAL

If no Notice of Readiness is filed within 90 days after the reconsideration or revision motion is filed, the Court will deny the motion with prejudice on its own motion.

If no Notice of Readiness is filed within 90 days of the date the motion for reconsideration or revision is filed, the Court, on its own motion, will deny the motion for reconsideration or revision with prejudice.

CRITICAL

Deadline

60 calendar days

A complaint or grievance filed after the case concludes must be resolved within sixty calendar days after the written complaint or grievance is received.

Complaints or grievance filed subsequent to the conclusion of a case shall be resolved within sixty (60) calendar days of the date of receipt of the written complaint or grievance.

CRITICAL

Untimely notice waives the right to raise the contested issues at the review hearing unless good cause is shown.

Unless good cause is shown, failure to provide timely notice of contested issues shall constitute a waiver of the right to raise such issues at the 30-day shelter care review hearing.

CRITICAL

Deadline

7 calendar days

The mediator or one of the parties must file the certificate of completion 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

Stipulations to exhibit admissibility must be made 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

Pleadings and supporting documents for an ex parte matter on the Monday civil law-and-motion calendar must be filed at least one judicial day before presentation.

(1) Monday Law & Motion Calendar. If the ex parte matter is to be heard on the civil law and motion calendar, then pleadings and supporting documents shall be filed with the clerk and delivered at least one (1) judicial day prior to the date that a matter will be presented on the ex parte calendar.

CRITICAL

An emergency guardianship order expires 60 days after entry unless it sets another review date or the Petitioner files and schedules a renewal motion for hearing before expiration.

If an emergency guardianship order is entered, that order shall expire 60 days following entry of the order unless the order indicates an alternate review date, or the petitioner files a motion to renew the emergency guardianship and schedules that motion for hearing prior to the expiration of the 60 days period.

CRITICAL

The trial brief or memorandum must be provided by noon two judicial days before trial in criminal trials with contested legal or evidentiary issues.

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

Deadline

2 court days

For a case-in-chief offering of ten or more documentary exhibits, the party must submit the original exhibits to the Clerk by noon two court days before trial, excluding impeachment and rebuttal 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.

CRITICAL

After the Settlement Guardian ad Litem’s report is filed, the petitioner must note the matter for hearing on the regular law and motion calendar and provide proper notice to all other parties.

After the report of the Settlement Guardian ad Litem has been filed under SPR 98.16W(c)(1), the petitioner shall note the matter for hearing on the regular law and motion calendar with proper notice to all other parties.

CRITICAL

Except for proposed orders and proposed parenting plans, required family-law trial documents must be filed with the Clerk by noon on the Friday before trial begins.

With the exception of proposed Orders and proposed Parenting Plans all required documents shall be filed with the Clerk, copies served on opposing counsel or party and a copy provided to the assigned judge by noon on the Friday before the date set for commencement of trial.

CRITICAL

The proposed order or judgment must be scheduled for presentation within 30 calendar days after the ruling, unless the Court orders otherwise.

The proposed order or judgment shall be scheduled for presentation no later than thirty (30) calendar days after the date the oral or written ruling was made, unless the Court orders otherwise.

CRITICAL

A request for appointment of a GAL or Court Visitor at public expense must be made within 15 days after entry of the appointment order; a late application may be denied.

(3) Time for Application. A person requesting the appointment of a GAL or Court Visitor at public expense shall do so within fifteen (15) days of the date of the entry of an Order appointing the GAL or Court Visitor. The failure to make timely application may result in the denial of a party’s request.

CRITICAL

A trial date will be stricken if the trial is not timely confirmed, unless the Court orders otherwise after a hearing.

If a trial is not confirmed in accordance with this rule, the trial date will be stricken unless the Court orders otherwise after a hearing.

CRITICAL

The trial briefs shall be filed with the Clerk, copies served on opposing counsel and a copy provided to the assigned judge by noon on the Friday before the date set for commencement of trial.

The trial briefs shall be filed with the Clerk, copies served on opposing counsel and a copy provided to the assigned judge by noon on the Friday before the date set for commencement of trial.

CRITICAL

Deadline

30 calendar days

If a grievance has potential merit, the reviewing judge must notify the guardian ad litem in writing within thirty calendar days of receipt and request a written response within twenty calendar days.

If the reviewing judge determines that the complaint or grievance has potential merit, the reviewing judge shall inform the guardian ad litem in writing within thirty 30 calendar days of receiving the complaint or grievance that a complaint or grievance has been brought against him or her which has potential merit and request the guardian ad litem to make a written response to the complaint or grievance within twenty (20) calendar days.

CRITICAL

A motion to opt out of an IFLT must be noted for hearing at least eight calendar days before the week of trial, subject to court modification or waiver for good cause.

A party who has previously agreed to proceed with an IFLT may file a motion to opt out of the IFLT provided that this motion is noted for a hearing to occur not less than eight (8) calendar days before the week of trial. Additionally, a party who has previously requested a traditional family law trial may file a motion to opt out of the traditional trial provided that this motion is noted for a hearing not less than eight (8) calendar days before the week of trial. This motion shall be scheduled on the civil law and motion calendar. The time period may be modified or waived by the Court upon a showing of good cause.

CRITICAL

The criminal history report results must be filed at the time the action is filed.

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

Deadline

30 calendar days

In covered parenting-plan cases other than Minor Guardianship proceedings, both parties must register for the approved seminar within 30 calendar days after filing an appearance, answer, or other responsive pleading, unless they attended such a course within the last three years or the requirement is waived.

With the exception of Minor Guardianship proceedings, this rule shall apply to all cases in which the Court is being asked to enter a parenting plan for minor children. (1) Mandatory Attendance. Unless waived as provided herein, within thirty (30) calendar days of filing an appearance, answer or other responsive pleading in an action involving a parenting plan for minor children, both parties shall register for a court- approved parent education seminar on the effects of family transitions on children, unless the parties have previously attended such a course within the last three years.

CRITICAL

The moving party must prepare and present the necessary final documents within fifteen days after a motion is granted in whole or in part, 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, conclusions, and orders necessary as a result of the decision within fifteen days, unless the Court orders otherwise.

CRITICAL

For a complaint involving a pending case, the Court Administrator must send the complainant a form letter within fourteen days explaining how the matter must be handled in that case.

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

Deadline

1 court days

If a party offers fewer than ten documentary exhibits, the exhibits must be submitted to the Clerk by noon one court day before trial.

If a party is offering fewer than ten (10) documentary exhibits, then those exhibits shall be presented to the Clerk by 12:00 noon, one court day before trial for marking.

CRITICAL

The Supplemental Confidential Information request must be submitted at least 5 days before presentation of the final parenting plan.

Such request shall include the names and dates of birth of all persons residing in each residence and must be submitted no fewer than 5 days prior to the date of presentation of the final parenting plan.

CRITICAL

Deadline

30 calendar days

For a grievance filed after the case concludes and the appeal period ends or appeal concludes, the reviewing judge must investigate and respond in writing within thirty calendar days of receipt, stating 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

Deadline

60 calendar days

Each party must attend the parent education seminar within 60 calendar days after registering.

Each party shall attend the seminar within sixty (60) calendar days of registering.

CRITICAL

Written evidence from responding parties and the GAL/Court Visitor must be filed at least three judicial days before the substantive hearing.

Any written evidence that the responding parties and GAL/Court Visitor wish to provide shall be filed, provided to the court (in the form of judge’s copies), and provided to the other parties, at least three (3) judicial days prior to the hearing.

CRITICAL

Deadline

3 court days

A notice of contested issues must be filed no later than three judicial days before the review hearing.

30-Day Shelter Care Review. If a parent, guardian ad litem, or volunteer guardian ad litem wishes to contest placement of a child or any service ordered at the shelter care hearing, he or she must file and serve on all parties and counsel a notice of contested issues no later than three (3) judicial days before the 30-day shelter care review hearing.

CRITICAL

Deadline

5 court days

Non-jury trials other than unlawful detainer cases must be confirmed by noon five judicial days before the scheduled trial date.

All other non-jury trials, EXCEPT unlawful detainer cases, shall be confirmed by noon, five (5) judicial days before the scheduled trial date.

CRITICAL

Deadline

10 calendar days

The opposing party may file opposition pleadings and documents with the Clerk and serve them on the moving party within ten calendar days after receiving the motion.

The opposing party may, within ten (10) calendar days after receipt of the motion, file and serve on the moving party, and file with the Clerk, pleadings and documents in opposition.

CRITICAL

The parties may select an informal family law trial by the later of 10 calendar days before the scheduled trial date or the Readiness Hearing, and must file the selection form within that period unless the court orders otherwise for good cause.

The parties may select an IFLT no later than ten (10) calendar days before the scheduled trial date, or at the Readiness Hearing whichever occurs later. 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.