Jefferson County Superior Court Document Filing Requirements

CRITICAL

Applies to

Adr certification or declaration

In civil case-schedule cases, each party must submit a certification or declaration of ADR participation at least 30 days before trial; the court may waive ADR on motion and for good cause.

In cases governed by an Order Setting Civil Case Schedule pursuant to LCR 3, some form of Alternative Dispute Resolution (“ADR”) is required. At least 30 days prior to trial the parties shall each submit a certification or declaration that they have participated in one or more types of ADR, including, but not limited to formal negotiations that included an exchange of written proposals, arbitration, or mediation. Upon motion and approval of the court, ADR may be waived for good cause shown.

CRITICAL

Applies to

Bankruptcy notice or certificate

Any party that wishes to assert the protection of the Federal Bankruptcy laws shall, by the next judicial business day after the bankruptcy filing, file a copy of the Bankruptcy Court Notice of Commencement of Case Under Bankruptcy Code, or by a certificate reflecting that the copies are true and accurate, filed under the Superior Court caption for each case to which the matter pertains.

Any party that wishes to assert the protection of the Federal Bankruptcy laws shall, by the next judicial business day after the bankruptcy filing, file a copy of the Bankruptcy Court Notice of Commencement of Case Under Bankruptcy Code, or by a certificate reflecting that the copies are true and accurate, filed under the Superior Court caption for each case to which the matter pertains.

CRITICAL

Applies to

Report

Any Guardian ad Litem/Court Visitor report submitted to the Court must comply with the specified RCW provisions.

1.9.12 Any Guardian ad Litem/Court Visitor report submitted to the Court shall comply with RCW 11.88.090(f)(i) thorough (viii).

CRITICAL

Applies to

Joint statement of evidence

In civil case-schedule cases, parties must file a joint statement listing expected trial witnesses and exhibits, noting agreement on each exhibit’s authenticity and admissibility; unlisted witnesses or exhibits may not be used absent a good-cause court order.

In cases governed by an Order Setting Civil Case Schedule pursuant to LCR 3 the parties shall file a Joint Statement of Evidence containing (A) a list of the witnesses whom each party expects to call at trial and (B) a list of the exhibits that each party expects to offer at trial. The Joint Statement of Evidence shall contain a notation for each exhibit as to whether all parties agree as to the exhibit's authenticity and admissibility. The parties shall work together to avoid duplicate exhibits. Any witness or exhibit not listed in the Joint Statement of Evidence may not be used at trial, unless the court orders otherwise for good cause and subject to conditions, as justice requires.

CRITICAL

Applies to

Reply affidavit

Reply affidavits must be limited to strict reply to the responsive affidavit.

Reply affidavits shall be in strict reply to the responsive affidavit.

CRITICAL

Applies to

Dissolution request for entry of decree

The dissolution request form calls for a statement that the decree fairly and completely divides all party property and debts.

All property and all debts of the parties are fairly and completely divided in the & DEBTS Decree.

CRITICAL

Applies to

Initial statement of arbitrability

The initial statement must list on its second page the name, address, and phone number of all counsel and whom they represent.

IMPORTANT: TYPE OR PRINT NAME, ADDRESS, AND PHONE NUMBER OF ALL COUNSEL AND WHO THEY REPRESENT ON SECOND PAGE.

CRITICAL

Applies to

Designated electronic record

A respondent wishing to add to or challenge the appellant’s designated electronic record must designate and identify the relevant portion under subsection (c).

If the respondent wishes to add to or challenge the electronic record as designated by the appellant of the proceedings, then the respondent shall designate and identify the specific portion of the electronic record as provided in section (c) of this rule.

CRITICAL

Applies to

Judgment filing

A transcript must accompany a judgment from a district court or another court of limited jurisdiction when filed in superior court.

A transcript is required when filing a judgment from a district court or other court of limited jurisdiction in the superior court.

CRITICAL

Applies to

Ex parte restraining order request

When seeking the specified ex parte family-law restraining order, the party or counsel must provide contact information to the Clerk’s office upon filing so a judicial officer can make contact during review.

If a party requests an ex parte order seeking to restrain one party from the family home or to restrain contact with the parties’ children,upon filing a party or their counsel will be required to provide contact information to the Clerk’s office, so that a judicial officer can contact them when reviewing the ex parte request.

CRITICAL

Applies to

Settlement conference materials

By noon on the day before a settlement conference scheduled under section (a)(4), each party must submit a completed settlement conference memorandum and Attachment G Domestic Relations Form.

No later than noon the day prior to a settlement conference that has been scheduled pursuant to section (a)(4), each party shall have submitted to the other party and the Court a completed settlement conference memorandum and a completed “Domestic Relations Form” in the form of Attachment G.

CRITICAL

Applies to

Prehearing statement

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 that the party deems relevant.

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 that the party deems relevant.

CRITICAL

Applies to

Pleading

All filed pleadings must state the appearing party’s mailing address, service address, and business-day telephone number.

10.3 Address of Party A party appearing shall state on all pleadings filed, (a) the party’s mailing address, (b) a street address where service of process and other papers may be made on that party, and (c) a telephone number where the party can be contacted during the business day.

CRITICAL

Applies to

Action document

Action documents must have the specified first-page caption and applicable paragraph numbers, and noncompliant documents may not be processed.

Pleadings or other papers requiring action on the part of the clerk (other than file stamping, docketing and placing in the court file) shall be considered action documents. Action documents shall include a special caption directly below the case number on the first page of the document, stating ‘CLERK’S ACTION REQUIRED’ AND applicable paragraph number(s) dictating action based on a clerk’s mandate established in statute or court rule. Action documents which do not, on their face, comply with LCR 10.4 may not be processed. Responsibility to pursue a remedy rests with the parties, who may contact the clerk for direction.

CRITICAL

Applies to

Dissolution request for entry of decree

The dissolution request form calls for a statement that neither party is pregnant.

Neither party is pregnant.

CRITICAL

Applies to

Temporary order

Upon filing a summons and petition for dissolution or legal separation, the court must automatically issue a Temporary Order in the Appendix 10 form.

Upon the filing of a Summons and Petition for a dissolution of marriage or committed intimate relationship, or legal separation, , the court shall automatically issue a Temporary Order under the form set forth in Appendix 10.

CRITICAL

Applies to

Fax transmittal sheet

A fax transmittal sheet must include the title and number of pages for each document transmitted.

In addition to the requirements of a fax transmittal sheet contained in GR 17(b)(2) (Appendix 8), the fax transmittal sheet shall also contain the title and number of pages for each document sent in the transmission (Appendix 7).

CRITICAL

Applies to

Exhibit list

Before trial, a party expecting to mark more than 10 exhibits must email the clerk an exhibit list.

Prior to trial,when either party will be requiring more than 10 exhibits to be marked, an Exhibit List in MS Word format shall be emailed to the Clerk.

CRITICAL

Applies to

Note for trial setting

A party seeking trial of an issue of fact must file and serve a Note for Trial Setting in substantially the court-approved Appendix 6 form.

(a)Any party desiring to bring an issue of fact to trial shall file with the clerk, and serve upon all of the other parties, a Note for Trial Setting (Appendix 6), substantially in the form approved by the court.

CRITICAL

Applies to

Fax filing

Do not send the original document; attach the GR 17(b)(2) affidavit from LCR Appendix 8.

Do Not Send the Original. (Attach GR 17(b)(2) Affidavit – LCR Appendix 8)

CRITICAL

Applies to

Final documents

The Declaration in Lieu of Formal Testimony must be filed with the executed final documents.

The Declaration in Lieu of Formal Testimony must be filed with the executed final documents.

CRITICAL

Applies to

Designated electronic record

The designated appellate record must be limited to relevant portions, identify the exact time of the alleged error, and include specified testimony or instruction objections and rulings when those issues are raised.

The designated record shall contain only those portions of the electronic record necessary to present the issues raised on appeal. The designation filed in District Court shall specify the exact time of the alleged error for the Superior Court to consider. If the appellant intends to urge that a verdict or finding of fact is not supported by the evidence, the appellant shall include in the designated record all testimony relevant to the disputed verdict or finding. If the appellant intends to urge that the court erred in giving or failing to give an instruction, the appellant shall include all objections to the instructions given and refused and the court's rulings.

CRITICAL

Applies to

Additional primary witness disclosure

Each party must disclose by the date set in the civil case schedule any additional persons whose knowledge became relevant only after primary witnesses were disclosed and whom it may call as trial witnesses.

Each party shall, no later than the date for disclosure designated in the Order Setting Civil Case Schedule, disclose all persons whose knowledge did not appear relevant until the primary witnesses were disclosed and whom the party reserves the option to call as witnesses at trial.

CRITICAL

Applies to

Proposed general questions

Parties must submit all proposed general questions to the court in writing at the pre-trial conference.

The parties shall submit all proposed general questions to the court in writing at the pre-trial conference.

CRITICAL

Applies to

Declaration of service

The Petitioner must file a declaration of service in the court file.

The Petitioner shall serve a copy of this on the Respondent and file a declaration of service in the court file.

CRITICAL

Applies to

Notice of settlement

A qualifying settlement requires a written notice of settlement.

After any settlement that fully resolves all claims against all parties, the plaintiff shall, within five court days or before the arbitration hearing, whichever is sooner, file and serve a written notice of settlement.

CRITICAL

Applies to

Administrative record

For a trial setting limited to review of an administrative agency decision, the certified record and transcript must be filed first; the record must be numbered, state its total pages, and be submitted with an index of document numbers, names, and page numbers.

A trial setting involving solely the review of the record of a decision of an administrative agency shall not be set for trial until the record and transcript has been certified and filed with the clerk. The record prepared by the agency shall be numbered and reflect the total number of pages. An index itemizing the documents document number, document name and page number(s) shall be required at the time that the record is submitted to the clerk.

CRITICAL

Applies to

Financial declaration

Financial Declarations must be filed whenever financial matters are at issue.

Financial Declarations shall be filed whenever financial matters are at issue.

CRITICAL

Applies to

Parenting seminar completion certificate

The provider agency must file a certificate of attendance with the Court as evidence of successful seminar completion.

Successful completion shall be evidenced by a certificate of attendance filed with the Court by the provider agency.

CRITICAL

Applies to

Order amending civil case schedule

When a case schedule is modified, the court must prepare and file an amended schedule and promptly provide it to the parties.

If an Order Setting Case Schedule is modified, the court shall prepare and file the Order Amending Civil Case Schedule which shall be promptly provided to the parties.

CRITICAL

Applies to

Fax filing

Fax filings must use this cover sheet.

USE ONLY THIS COVER SHEET TO FILE BY FAX

CRITICAL

Applies to

Notice of loss voting rights

An attorney presenting an order finding that a person lacks capacity to vote must file a Notice of Loss Voting Rights with the clerk.

Pursuant to the requirements of RCW 11.130.310 the attorney presenting an Order which includes findings that the subject does not have the capacity to vote shall file with the clerk on that same date a Notice of Loss Voting Rights (Appendix 9) providing information necessary to the county auditor.

CRITICAL

Applies to

Request for entry of decree

A petitioner seeking an agreed or default dissolution decree without a final hearing or oral testimony must complete the Appendix 1 request and declaration and satisfy one of the stated conditions.

The court may enter an agreed or default decree of dissolution of marriage without a final hearing or oral testimony when the petitioner completes a Request for Entry of Decree and Declaration of Jurisdictional Facts in the form set forth in Appendix 1, and: (a) The respondent or respondent's attorney approves all of the final papers including the Request for entry of Decree and Declaration of Jurisdictional Facts; or (b) If the respondent is in default, the decree provides for only that relief requested in the petition; or (c) If the respondent or co-petitioner joined in the petition and is unavailable to sign the final papers, and the decree provides for only that relief requested in the petition.

CRITICAL

Applies to

Proposed questionnaires

Counsel must submit, file, and serve proposed questionnaires at least three days before trial, or instead review available questionnaires on the morning of trial.

Counsel must submit proposed questionnaires to the court, file with the clerk and serve copies on opposing counsel at least three days prior to trial or in the alternative review the available questionnaires on the morning of trial.

CRITICAL

Applies to

Request for trial de novo

A request for trial de novo must be signed by the party.

(a) Form. The request for a trial de novo shall not refer to the amount of the award, including any award of costs or attorney fees, and shall be substantially in the form of (Exhibit D) and must be signed by the party.

CRITICAL

Applies to

Written report

The volunteer Guardian ad Litem must timely submit a written report to the court covering the child’s historical and current circumstances, the GAL’s conclusions, and recommendations in the child’s best interests.

The volunteer Guardian Ad Litem shall complete and submit to the court in a timely manner a written report that addresses the historical and current facts of the child’s situations, the GAL’s conclusions based on these facts, and the GAL’s recommendations in the best interests of the child.

CRITICAL

Applies to

Dissolution request for entry of decree

The dissolution request form includes a declaration under penalty of perjury that the statements are true and correct.

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

CRITICAL

Applies to

Attorney fee section

Complete the attorney-fees section when requesting fees, but skip it if payment is agreed or not requested.

FILL OUT NEXT SECTION IF ASKING FOR ATTORNEY FEES: If Payment of Attorney’s Fees is Agreed or is Not Requested - Please Skip This Section

CRITICAL

Applies to

Background information record

At the beginning of each case, the GAL Program must provide the court and parties, through their attorneys, copies of the volunteer GAL’s Background Information Record.

At the beginning of each case the GAL Program will provide to the court and parties, through their attorneys, copies of the volunteer GAL’s Background Information Record.

CRITICAL

Applies to

Blocked account funds receipt

A receipt for funds deposited in a blocked account must be filed with the court no later than 30 days after the bank receives the funds.

A receipt for funds deposited in a blocked account shall be filed with the court no later than thirty days from the date the bank receives the funds.

CRITICAL

Applies to

Transcript of judgment

A transcript of judgment must consist of an abstract plus an exact copy of the judgment.

A transcript of a judgment is an abstract, plus an exact copy of the judgment itself.

CRITICAL

Applies to

Guardian ad litem appointment order

An application for appointment of a Guardian ad Litem must be made by submitting the appointment order to the Superior Court Administrator’s Office.

Application to the Court for appointment of a Guardian ad Litem shall be made by submitting an Order Appointing/Visitor Guardian ad Litem to the Office of the Superior Court Administrator.

CRITICAL

Applies to

Motion for pre assignment

A case will not be pre-assigned unless a motion is filed, argued, and granted by the court.

No pre-assignment of cases will occur without the filing of a motion for pre- assignment, argument and determination by the court that said case should be pre-assigned.

CRITICAL

Attach current pay stubs, a completed Financial Declaration (Form WPF DR 01-055), and any other relevant financial information.

YOU MUST ATTACH: 1. Current Pay Stubs. 2. Completed Financial Declaration. Form WPF DR 01-055. 3. Any other relevant financial information such as retirement/investment account balances.

CRITICAL

Applies to

Dissolution request for entry of decree

The dissolution request form calls for a statement that all dependent children are identified in the proposed decree.

All dependent children of the marriage are identified in the proposed Decree.

CRITICAL

Applies to

Order amending civil case schedule

An amended civil case schedule must use the original schedule’s form and be titled “Order Amending Civil Case Schedule.”

An Order Amending Civil Case Schedule shall be in the same form as the original Order Setting Case Schedule except it shall be titled Order Amending Civil Case Schedule.

CRITICAL

Parties in Superior Court custody or adoption proceedings must disclose any pending juvenile proceedings involving minor children.

All parties to a proceeding involving custody or adoption in the Superior Court are obligated to disclose to said court the pendency of any juvenile proceedings regarding minor children.

CRITICAL

Applies to

Notice of settlement

The notice of settlement must be filed with both the arbitrator and the court.

The notice shall be filed with both the arbitrator and the court.

CRITICAL

Applies to

Final parenting plan

No final parenting plan shall be entered without certificate of competition of parenting seminar, except in those cases that the Court has waived attendance.

No final parenting plan shall be entered without certificate of competition of parenting seminar, except in those cases that the Court has waived attendance.

CRITICAL

Applies to

Fax fee remittance certification

The filer must read and sign the FAX FEE REMITTANCE CERTIFICATION.

Read and sign the "FAX FEE REMITTANCE CERTIFICATION" below.