Island County Superior Court Service and Proof of Service Rules

CRITICAL

A party seeking to shorten time must give verbal and written notice to the opposing party or known counsel as soon as possible and provide the application papers before the application if possible.

The party requesting an order to shorten time shall give verbal and written notice as soon as possible to the opposing party or his or her counsel, if known, regardless of when the motion is prepared and provided. Copies of the motion, declaration, proposed order, and other applicable pleadings and papers shall be provided to the opposing party or his or her counsel, prior to the time of the application if possible.

CRITICAL

Applies to

Conformed default order decree or judgment

Service

Mail to opposing party

After entry of a default order, decree, or judgment, the prevailing party or counsel must immediately mail a judge-signed conformed copy to the opponent or the opponent’s counsel at their last known address.

If an order, decree or judgment has been entered by default, counsel representing the prevailing party, or the prevailing party if not represented by counsel, shall immediately mail a conformed copy of the order, decree or judgment signed by the judge, to the opponent or opponent’s counsel at his or her last known address.

CRITICAL

Deadline

5 court days

Proposed temporary and final orders following a ruling must be delivered to the opposing party 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

Service

Electronic service

Email service on a self-represented party must be followed by paper copies delivered by regular mail or hand delivery no later than the following court day, unless the parties stipulate otherwise.

If service by email is being made to a self- represented party, such service shall be followed by delivery of paper copies no later than the following court day by deposit in the regular mail or hand delivery, unless otherwise stipulated by the parties.

CRITICAL

Deadline

3 court days

After receiving the department’s report, the notice contesting an issue must be served 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

Deadline

4 calendar days

Strict reply materials must be served on the opposing party or their attorney by 4:30 p.m. 4 calendar days before the scheduled hearing.

the same shall be served on the opposing party(ies) or their attorney no later than 4:30 p.m., four (4) calendar days prior to the date of the scheduled hearing.

CRITICAL

Deadline

12 calendar days

The motion and related materials must be served on the opposing party or their attorney by 4:30 p.m. 12 calendar days before the hearing, unless a different period is set by rule or court order.

The motion and related materials shall be served on the opposing party or their attorney (if represented), no later than 4:30 p.m., twelve (12) calendar days prior to the scheduled hearing, unless a different period is fixed by these rules or by order of the Court.

CRITICAL

Applies to

Proof of service

Service

Mail

An affidavit or declaration proving service by mail must be filed with the Clerk.

An affidavit or declaration showing proof of service by mailing shall be filed with the Clerk.

CRITICAL

Deadline

1 court days

Applies to

Reply

A reply must be served on all other counsel or parties 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

Petitioners must promptly serve the report results on everyone entitled to notice under RCW 11.130.

then promptly serve the results on all persons entitled to notice under RCW 11.130.

CRITICAL

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.

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

Deadline

7 calendar days

Opposing counsel or unrepresented opposing parties must receive 7 calendar days’ notice of presentation and a copy of the proposed order or judgment before it is signed or entered, unless an emergency is shown.

No order or judgment shall be signed or entered unless opposing counsel or opposing party(ies) (if unrepresented), have been given seven (7) calendar days’ notice of presentation and served with a copy of the proposed order or judgment unless: (A) Emergency. An emergency is shown to exist; or

CRITICAL

Service

Email

By emailing electronic documents attached to one or more emails, with no one email exceeding ten (10) megabytes. The email must be sent from an email address at which the sending party will receive service from opposing parties;

By emailing electronic documents attached to one or more emails, with no one email exceeding ten (10) megabytes. The email must be sent from an email address at which the sending party will receive service from opposing parties;

CRITICAL

The objection must be promptly served on all other persons entitled to notice.

Any person entitled to notice under RCW 11.130 who objects to the appointment of a minor guardian shall promptly file and serve on all other persons entitled to notice a completed “Objection to Minor Guardianship”, (Form GDN M 301).

CRITICAL

Applies to

Opposition pleadings and documents

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.

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

Parties must exchange the specified financial information within 30 days after a formal request or, if no request is made, no later than 30 days before the readiness hearing.

All parties shall exchange the following information no later than 30 days after a formal request is made by the opposing party/counsel; or, if no request has been made, by no later than 30 days before the scheduled readiness hearing:

CRITICAL

Service

Email

Unless an exception applies, every attorney or self-represented party must provide an email address for service of pleadings.

(1) Acceptance by Email Required. Except as otherwise provided herein, every attorney or self-represented party shall provide an email address to which service of pleadings

CRITICAL

Petitioners are responsible for notifying and serving all documents when commencing the case, including the documents listed in the cited statutes.

It is the responsibility of the Petitioner(s) to notify and serve all documents when commencing the case, to include those listed in RCW 11.130.195 and RCW 11.130.065.

CRITICAL

An applicant for an emergency order must notify the opponent or known counsel and request their presence when the order is presented, unless good cause supports an exception.

A party applying for an emergency order which will require or forbid the doing of some act shall notify the opponent or his or her counsel, if known, and shall request his or her presence at presentation of the order, unless good cause to the contrary is shown.

CRITICAL

On the requested assignment date, the Court Administrator assigns a trial date without party appearances and notifies the parties, including any guardian ad litem, by mail.

On the date requested for trial assignment, the Court Administrator, without the parties appearing, shall assign cases a specific trial date and notify the parties, including the guardian ad litem, if any, by mail.

CRITICAL

Service

Mail

A copy of the reviewing judge’s written final determination must be mailed to the guardian ad litem and the complaining party.

A copy of the reviewing judge’s written final determination shall be mailed to the guardian ad litem and to the complaining party.

CRITICAL

Applies to

Motion supporting documents

Supporting affidavits, declarations, and other documents must be served with the motion.

When a motion is supported by affidavit or declaration or other documents, those documents shall be served with the motion.

CRITICAL

Service

Electronic service

Documents may be served through a secure file transfer service; an internally shared link must be accompanied by the sender’s email address in the transmittal email, and no specific file-size limit applies beyond other page limits.

Through the use of a secure file transfer service, such as Dropbox, Box, ShareFile, Google Drive, or One Drive or other vendor providing this type of file transfer service. The sender may transmit a secure link to the document or documents from the sending party’s own email or using the internal file share function of the file transfer service. If a link is transmitted using the file transfer service’s internal share function, the body of the transmittal email must include the sender’s email address. Other than page limits elsewhere in the Civil Rules or these Local Rules, there are no specific electronic file size limits when using a file transfer service.

CRITICAL

Applies to

Guardianship petition

The petitioner must serve any such RCW 11.130 guardianship petition on the Department of Children Youth and Families and the Washington State Attorney General's Office.

Any such guardianship petitions filed under RCW 11.130 shall be served by the petitioner upon the Department of Children Youth and Families and the Washington State Attorney General's Office.

CRITICAL

Service

Email

An email address must be provided in a summons, notice of appearance, or upon request, and opposing parties or the Court may use specified public email addresses if an attorney fails to provide one.

An email address shall be provided in a summons, notice of appearance, or upon request by the opposing party or attorney. In the event that an attorney does not provide an email address as required by this subsection, opposing parties and the Court may serve an attorney at any email address associated with that attorney on the Washington State Bar Association lawyer directory, or any public facing webpage published by the attorney or that attorney’s law firm.

CRITICAL

If not already provided, each parent must give the other parent a Proposed Parenting Plan within 14 calendar days after completing the seminar.

(C) Proposed Parenting Plan Required. Within fourteen (14) calendar days of completing the parenting seminar as described above, each parent shall provide the other parent with a Proposed Parenting Plan if they have not already done so.

CRITICAL

Reasonable notice is required before an emergency-guardian hearing, unless the court finds that waiting for a noticed hearing would substantially harm the minor's health, safety, or welfare.

Reasonable notice must be given before a hearing can be had on a motion for emergency guardian; however, an emergency guardian may be appointed without notice if the court finds that the minor's health, safety, or welfare will be substantially harmed before a hearing with notice can be held.

CRITICAL

Service

Email

Email service is complete upon notification unless the recipient proves nonreceipt; service completed after 4:30 PM is completed the next court day, and the parties may stipulate to another confirmation method.

Service is deemed complete once the sender notifies the recipient that materials were served by email, unless the recipient can prove email service was not actually received. Notification may be effected by a “read receipt,” telephone notification, including voicemail, or any other means reasonably calculated to advise the recipient that email service was effected. Service completed after 4:30 PM shall be considered completed the next court day. The parties may stipulate to an alternate confirmation method.

CRITICAL

A copy of the trial brief or memorandum must be provided to opposing counsel in the specified criminal trials.

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

When an emergency guardian is appointed without notice, notice of the appointment must be provided to the individuals listed in RCW 11.130.225(3) within 48 hours.

If an emergency guardian is appointed without notice, notice of the appointment must be provided to the individuals listed within RCW 11.130.225(3) and be made within 48 hours of the appointment.

CRITICAL

Applies to

Emergency guardianship petition

The court will not hold the substantive hearing unless the Petitioner files an affidavit of service showing proper notice to all individuals listed in RCW 11.130.225(3).

The court shall not hold a substantive hearing on a Petition for Emergency Guardianship unless the Petitioner has filed an affidavit of service indicating that all individuals listed in RCW 11.130.225(3) have been provided proper notice.

CRITICAL

The petitioner must provide proper notice of the hearing 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

Applies to

Written evidence

The Petitioner must provide intended written evidence to the other parties 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

The proposed order or judgment and related findings and conclusions must be prepared and submitted to opposing counsel or any self-represented party within 10 calendar days of the ruling or decision.

The proposed order or judgment, and related findings and conclusions, shall be prepared and submitted to opposing counsel or any self-represented party, within ten (10) calendar days of the date of the oral ruling or written decision.

CRITICAL

The filing described in the preceding text must be served on opposing counsel or, if unrepresented, on the opposing party.

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

Applies to

Written evidence

Responding parties and the GAL/Court Visitor must provide their written evidence to the other parties at least three judicial days before the 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

10 calendar days

The written review report must be served on all counsel and parties at least ten calendar days before the review hearing.

A written review report shall be prepared by the department and shall be filed and served on all counsel and parties not less than ten (10) calendar days prior to the review hearing.

CRITICAL

Juvenile Court Services or the prosecuting attorney must notify the legally responsible person and provide necessary preparation documents, with notice to the parties five days before a cost-assessment proceeding.

(c) Notice. It shall be the duty of the Juvenile Court Services and/or the prosecuting attorney, to notify the parent or parents, guardian, or other person legally obligated to support the juvenile of this rule prior to said proceeding and to provide all necessary documents in order for such person to adequately prepare for said proceeding. Notice shall be provided to the parties five days in advance of any proceeding to assess costs.

CRITICAL

Deadline

2 court days

Applies to

Objection

Objections must be served on the presenting counsel or party 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

Deadline

3 court days

The notice of contested issues must be served on all parties and counsel 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

The Note for Trial Setting and Notice of Conflict Dates must be served on all parties, including the guardian ad litem.

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

Deadline

6 calendar days

Opposing materials must be served on the opposing party or their attorney by 4:30 p.m. 6 calendar days before the hearing.

The opposing materials shall be served on the opposing party or their attorney (if represented), no later than 4:30 p.m., (6) six calendar days prior to the scheduled hearing.

CRITICAL

Applies to

Notice of readiness

A notice of readiness, if filed, must be filed with the Clerk and served on opposing counsel.

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

Deadline

5 court days

The initial-hearing statement must be provided to all parties no later than five court days before the 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

Applies to

Trial brief

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.

WARNING

Service

Email

A self-represented party may seek a good-cause exception to email service by motion, properly noted for hearing and served on the opposing party or attorney.

A self-represented party may ask the Court for an exception to the email service rule based on a showing of good cause. Such request shall be made by motion, properly noted for hearing and served on the opposing party or attorney.

WARNING

Service

Electronic service

Discovery requests, responses, and produced documents may be served electronically only if the parties stipulate.

Discovery requests and responses, including documents produced in response to discovery requests, are expressly excepted from this rule, and may only be served by email or other electronic means by stipulation of the parties.

WARNING

Applies to

Motion for reconsideration or request for revision

A petitioner need not give the respondent notice of a reconsideration motion or revision request concerning a qualifying Temporary Protection Order Denial Order.

A petitioner in a Protection Order proceeding shall not be required to provide notice to the respondent in a Protection Order proceeding when the petitioner files a motion for reconsideration or request for revision of a Denial Order entered in connection with a petition for a Temporary Protection Order requested pursuant to RCW 7.105.305.

WARNING

Service

Email

The parties may modify the email service rule by written stipulation, including agreeing not to use email service.

The parties may modify the email service rule contained herein by written stipulation, including an agreement that email service shall not be used. A sample email stipulation is provided on the Superior Court website.

WARNING

A show cause hearing may be held to inquire into a delinquent assessment and available sanctions, provided timely notice is given to the delinquent person or agency.

(f) Sanctions. A show cause hearing with timely notice by Juvenile Court Services or the prosecuting attorney to the delinquent person or agency may be held to inquire into the delinquency of the assessment and the sanctions available under RCW 13.16.085 and RCW 13.40.145.