Jefferson County Superior Court Document Filing Requirements

CRITICAL

Applies to

Dissolution decree

If entry is sought after respondent default, the dissolution decree may provide only relief requested in the petition.

If entry of the Decree is sought after default of the Respondent, the Decree provides for only that relief requested in the petition.

CRITICAL

Applies to

Order setting civil case schedule

For covered civil non-family cases set for trial, the court administrator must issue the case schedule, provide one copy to each side, and include the case heading using the Appendix 5 form.

When a new civil, non-family case type not specifically identified in section (a) above is set for trial, the court administrator shall issue an Order Setting Civil Case Schedule and shall provide one copy to the plaintiff/petitioner and one copy to defendant/respondent. The Order Setting Civil Case Schedule shall contain the case heading and otherwise be as set forth in Appendix 5.

CRITICAL

Applies to

Dissolution request for entry of decree

The dissolution request form calls for a statement that the marriage is irretrievably broken.

The marriage is now irretrievably broken.

CRITICAL

Should the attorney representing the estate choose to withdraw, the attorney must advise the court of the name and address of the party to be notified, should that be necessary, of a delinquent accounting and annual Personal Care Plan.

Should the attorney representing the estate choose to withdraw, the attorney must advise the court of the name and address of the party to be notified, should that be necessary, of a delinquent accounting and annual Personal Care Plan.

CRITICAL

Applies to

Financial matters

Whenever financial matters are at issue, mandatory financial declarations and support worksheets required by RCW 26.09 must be filed.

Mandatory financial declarations and support worksheets as required by RCW 26.09 shall be filed whenever financial matters are at issue.

WARNING

Applies to

Confidential information form

Title 26 cases must include children’s complete names and other identifiers in a Confidential Information Form or similar document.

The complete names of children and other identifiers shall be included in the Confidential Information Form or similar document for cases filed under Title 26.

WARNING

Applies to

Confidential case record

Complete names of children must be used in the listed statutorily confidential cases.

The complete names of children shall be used in cases that are deemed confidential pursuant to state or federal statutes; including cases filed pursuant to RCW 13 (excluding offender cases); RCW 4.24; RCW 26.33 (Adoption); and, RCW 71.34 (Mental Health Services for Minors).

WARNING

Applies to

Affidavit or declaration

Motion affidavits and declarations must be based on personal knowledge and admissible facts, establish the declarant’s competence, and exclude argument, comment, and non-expert opinion.

Affidavits and declarations in support of or in the opposition to any motion or part thereof shall be made only on personal knowledge, shall set forth only such facts as would be admissible in evidence, and shall show affirmatively that the affiant or declarant is competent to testify to the specific matters set forth therein. Argument, comment, and non-expert opinion shall be excluded from affidavits and declarations.

WARNING

Applies to

Indictment information or probable cause filing

A charged child’s complete name must be included in the specified indictment or information, probable-cause materials, and other filings when necessary for prosecution or defense.

The complete name of a child charged with a crime shall be included in any indictment or information filed with the court pursuant to CrR 2.1 or JuCR 7.2, as part of an affidavit or declaration of probable cause or for any other purpose deemed necessary for the prosecution or defense of the criminal or juvenile offender matter.

WARNING

Applies to

Attorney fee request

A party seeking attorney’s fees must itemize the time expended, services rendered, or other basis for the requested fees in affidavit form.

A party requesting that the court award attorney’s fees or order payment of fees in any case shall itemize in affidavit form the time expended, services rendered, or other basis for the fees requested.

WARNING

Applies to

Child support custody residential schedule or paternity order

Covered child-support, custody, residential-schedule, and paternity orders must include the child’s full name; a child’s birth date may appear in court records only as authorized by General Rule 22.

Court orders concerning the financial support or the custody or residential schedule of a child (including temporary or permanent parenting plans and similar documents) and orders establishing or disestablishing paternity shall include the full name of the child. The date of the birth of a child shall be included in court records only as authorized by General Rule 22.

WARNING

Applies to

Grievance complaint

Any party may file a complaint against a volunteer Guardian ad Litem; the complaint should be in writing and addressed to the Director of Juvenile and Family Court Services at the stated address.

Any party can file a complaint against a volunteer Guardian ad Litem. The complaint should be made in writing, and should be addressed to the Director of Juvenile and Family Court Services, P.O. Box 1220, Port Townsend, WA 98368.

WARNING

Applies to

Attorney fee and expense claim

Must include

proposed order

Claims for attorney’s fees and expenses must be submitted as a motion and order.

All claims of a party for attorney’s fees and expenses must be submitted in the form of a motion and order.

WARNING

Applies to

Appointed counsel claim for services

Appointed counsel must itemize expenses incurred in claims for services.

Appointed counsel submitting claims for services shall also itemize expenses incurred, i.e., long distance telephone and photocopy expenses.

WARNING

Applies to

Transcript

The appellant may not request or provide a county-funded transcript unless the Superior Court specifically orders it.

The appellant shall not request or provide a transcript at county expense unless specifically ordered by the Superior Court.

WARNING

Applies to

Final documents

When at least one party has counsel, the attorney may appear with a completed Declaration in Lieu of Formal Testimony, and neither party must personally appear.

If at least one party is represented by counsel, then the attorney may appear with a completed Declaration in Lieu of Formal Testimony, and neither party will be required to personally appear.

WARNING

Applies to

Petition or order naming child as respondent

When necessary for JIS or WACIC entry, a petition and order naming a child as respondent in a covered order must include the child’s full name and other personal identifiers.

Whenever a child is named as a respondent in an order listed in (3) above, the child’s full name and other personal identifiers shall be included on the petition and order as necessary for entry of the order in the Judicial Information System (JIS) and/or the Washington Crime Information Center (WACIC)

WARNING

Applies to

Child protection order petition or order

When needed to enter a covered child-protection order in JIS or WACIC, petitions and orders must include the child’s full name and other identifiers.

If a child is a person protected by a criminal no contact order issued pursuant to RCW 10.99, an anti-harassment order issued pursuant to RCW 10.14, an order of protection issued pursuant to RCW 26.50 or a restraining order or order of protection issued pursuant to RCW 26.09, RCW 26.10, RCW 26.26, RCW 26.52.020, or any other court order entered for the protection of the child, the child’s full name and other identifiers shall be included on petitions and orders as necessary for entry of the order in the Judicial Information System (JIS) and/or the Washington Crime Information Center (WACIC).

WARNING

Applies to

Proposed order

Proposed orders generally should not be filed with the clerk unless needed to create a record, and those received by the clerk before a hearing should be labeled “proposed order.”

Proposed orders should generally not be filed with the clerk’s office unless necessary to create a record of what was proposed. Proposed orders received by the clerk’s office prior to a hearing will be filed and should clearly state “proposed order.”

WARNING

Applies to

Minor settlement petition or dispositive order

A minor-settlement petition and any dispositive orders must include the child’s complete name and date of birth.

The complete name and date of birth of a child who is the subject of a minor settlement shall be included in the petition and any dispositive orders, pursuant to Rule 98.16W of the Superior Court Rules on Special Proceedings.

WARNING

Applies to

Appointed counsel expense claim

Counsel’s extraordinary expenses and expenses for third-party services or experts require prior court approval to be allowed.

Extraordinary expenses by counsel will not be allowed without prior approval of the court. No expenses for third party services or experts shall be allowed without prior approval of the court.

WARNING

Applies to

Proposed amended civil case schedule

The court may order the parties to submit proposed amended civil case schedules.

Alternatively, the court may order the parties to present proposed Amended Civil Case Schedules.

WARNING

Applies to

Parenting plan dispute statement

Describe the efforts made to resolve the parenting plan disputes.

Please describe how you have tried to resolve these disputes:

WARNING

Applies to

Rcw 11 28 petition or notice

Covered RCW 11.28 petitions and notices must include children’s full names, ages, and other statutorily required information; dates of birth may be included only as authorized by General Rule 22.

The full names and ages of children and other information required by RCW 11.28.110 and RCW 11.28.330 shall be included. However, the date of birth may be included only as authorized by General Rule 22.

WARNING

Applies to

Transcript

The respondent may not request or provide a county-funded transcript unless the Superior Court specifically orders it.

The respondent shall not request or provide a transcript at county expense unless specifically ordered by the Superior Court.

WARNING

Applies to

Parenting plan dispute statement

List each disputed area of the parenting plan and briefly explain the disagreement; attach additional pages as needed.

Please list all areas of the parenting plan that are in dispute and briefly describe how the parties disagree (attach additional pages as needed):

WARNING

Applies to

Mailed order submission

Self-addressed, stamped envelopes, along with copies of the order to be signed, shall be provided for return of any conformed materials and/or rejected orders.

Self-addressed, stamped envelopes, along with copies of the order to be signed, shall be provided for return of any conformed materials and/or rejected orders.

INFO

Applies to

Child identifier use

The court may authorize use of a child’s full name or date of birth when necessary for orderly administration of justice, subject to the stated General Rule requirements.

Nothing in this rule shall prohibit a court from authorizing the use of a child’s full name or date of birth when necessary for the orderly administration of justice, consistent with the requirements of General

INFO

Applies to

Order restricting access to child

When access to a child is restricted under CrR 3.2(d)(1), the court may include the child’s full name on the order if necessary for effective enforcement.

If access to a child is restricted pursuant to CrR 3.2(d)(1), the court may include the full name of the child on the order if deemed necessary for effective enforcement of order.

INFO

Applies to

Subpoena or jury instruction

A child victim’s complete name may be included in subpoenas and jury instructions, but subpoenas need not be routinely filed in the court file.

The complete name of a child who is alleged to be a victim of a crime may be included in subpoenas and in jury instructions. Nothing in this rule requires that subpoenas be routinely filed in the court file.

CRITICAL

The Joint Statement of Evidence, Trial Briefs, and Proposed Jury Instructions must be filed with the Superior Court Clerk by the dates shown in the case schedule.

* DEADLINE for Joint Statement of Evidence * DEADLINE to file Trial Briefs and Proposed Jury Instructions The * indicates a document that must be filed with Superior Court Clerk’s office by the date shown.