Kitsap County Superior Court

(C) One set containing unnumbered instructions without citations submitted electronically by email attachment (to the staff attorney assigned to the trial judge).

(C) One set containing unnumbered instructions without citations submitted electronically by email attachment (to the staff attorney assigned to the trial judge).

Page 21 | KCLCR 51 — Instructions to Jury and Deliberation

Proposed orders for ex parte calendars must be submitted before the calendar begins.

Ex Parte calendars (provided proposed Orders are submitted to the Court before the calendar begins);

Page 1 | REMOTE APPEARANCES PERMITTED

A request for a remote appearance on a calendar requiring in-person appearances must be submitted through the Cognito form by noon five business days before the hearing.

Requests to make remote appearances on calendars requiring in-person appearances shall be made via Cognito form no later than noon, five (5) business days prior to your scheduled hearing.

Page 1 | HOW TO REQUEST AN EXCEPTION TO A MANDATORY, IN-PERSON APPEARANCE

Responsive materials must be served and filed with the Clerk by noon two days before the hearing or trial.

Any responsive materials shall be served and filed with the Clerk of Court by 12:00 noon two days prior to the time set for the hearing or trial.

Page 11 | KCLCR 7(b)(1)(A)

The listed motion, hearing, or trial materials must be served and filed with the Clerk at least five court days before the date the party wants the motion considered, unless a specific state or local rule provides otherwise.

Parties desiring to submit an application to the Court, legal brief, memorandum of authorities, and any supporting affidavits or other documents on a motion, hearing or trial to be heard shall, unless otherwise particularized under a specific State or local rule, serve and file the same with the Clerk of Court no later than five court days before the date the party wishes the motion to be considered.

Page 11 | KCLCR 7(b)(1)(A)

Strict-reply documents must be filed and served by noon on the court day before the hearing.

Any documents in strict reply shall be similarly filed and served no later than 12:00 noon on the court day before the hearing.

Page 11 | KCLCR 7(b)(1)(A)

Witness and exhibit lists must be exchanged 20 days before trial, subject to the schedule’s stated exceptions and court-ordered modifications.

Exchange of Witness and 20 days before trial date

Page 15 | KCLCR 40(A)(v)

The mandatory settlement conference is scheduled 90 days before trial, subject to the schedule’s stated exceptions and court-ordered modifications.

Mandatory Settlement 90 days before trial date

Page 15 | KCLCR 40(A)(v)

Trial briefs must be filed 5 days before trial, subject to the schedule’s stated exceptions and court-ordered modifications.

Filing of Trial Briefs 5 days before trial date

Page 15 | KCLCR 40(A)(v)

Possible additional witnesses must be disclosed 150 days before trial, subject to the schedule’s stated exceptions and court-ordered modifications.

Disclosure of Possible 150 days before trial date

Page 15 | KCLCR 40(A)(v)

The discovery cutoff is 120 days before trial, subject to the schedule’s stated exceptions and court-ordered modifications.

Discovery Cutoff 120 days before trial date

Page 15 | KCLCR 40(A)(v)

The joint statement of the evidence is due 7 days before trial, subject to the schedule’s stated exceptions and court-ordered modifications.

Joint Statement of the Evidence 7 days before trial date

Page 15 | KCLCR 40(A)(v)

Possible primary witnesses must be disclosed 240 days before trial, subject to the schedule’s stated exceptions and court-ordered modifications.

Disclosure of Possible Primary 240 days before trial date

Page 15 | KCLCR 40(A)(v)

The last day to hear dispositive pretrial motions is 60 days before trial, subject to the schedule’s stated exceptions and court-ordered modifications.

Last day to hear Dispositive 60 days before trial date

Page 15 | KCLCR 40(A)(v)

Dispositive pretrial motions may not be heard after the schedule’s cutoff unless good cause is shown and the court imposes any just terms or conditions, which may include terms and sanctions.

No hearings on dispositive pretrial motions shall be heard by the Court after the cutoff date specified in the Civil Case Event Schedule, except upon good cause shown and upon such terms and conditions as the Court may deem just, including assessment of terms and sanctions.

Page 16 | KCLCR 40(A)(viii)

All discovery, including responses and supplements, must be completed by the schedule’s discovery cutoff unless the court orders otherwise for good cause and subject to just terms and conditions.

Unless otherwise ordered by the Court for good cause and subject to such terms and conditions as are just, all discovery allowed under Civil Rules 26-37, including responses and supplements thereto, must be completed no later than the date specified in the Civil Case Event Schedule.

Page 16 | KCLCR 40(A)(vii)

A party may note a matter on the trial-setting calendar using Exhibit A after all named parties have been served.

Any party desiring to obtain a trial date may note the matter on the trial setting calendar using the Note for Trial Setting (Exhibit A) after all named parties have been served.

Page 18 | KCLCR 40(b)(1)(A)

A party that has not appeared at trial setting must file a jury demand within 60 days after service of the initial pleadings or waive the right to a jury trial.

A party who/which has not appeared at the time of trial setting must file and serve a jury demand within sixty (60) days of service of the initial pleadings or the right to a jury trial will be waived.

Page 19 | KCLCR 40

A party must file and serve a jury demand on or before the time of trial setting or the right to a jury trial will be waived.

A party must file and serve a jury demand on or before the time of trial setting or the right to a jury trial will be waived.

Page 19 | KCLCR 40

Proposed questionnaires must be submitted to the Court and served on opposing counsel at least five days before trial.

Counsel must submit proposed questionnaires to the Court and serve copies on opposing counsel at least five days prior to trial.

Page 21

Jury instructions must be filed by 9:00 a.m. on the first day of trial.

Instructions shall be served and filed by 9:00 a.m. of the first day of trial.

Page 21 | KCLCR 51 — Instructions to Jury and Deliberation

Within 7 days after filing a Land Use Petition Act petition, the petitioner must give the Court Scheduler written notice identifying the case and requesting assignment to a judge.

Within 7 days of the filing of a petition under the Land Use Petition Act, RCW 36.70C, the petitioner shall provide written notice of the filed petition to the Kitsap County Court Scheduler, identify it as a Land Use Petition Act case, and ask that the case be assigned to a judge.

Page 23 | KCLCR 40

The petitioner has an additional 14 days to file and serve a reply brief.

Petitioner shall have an additional 14 days for filing a service of a reply brief.

Page 24 | KCLCR 40

If a related matter is not bifurcated and will be tried, a note for trial setting may not be filed until the record and transcripts have been filed and served.

If the related matter is not bifurcated and entails a trial, a note for trial setting shall not be filed until after the record and transcripts are filed and served.

Page 24 | KCLCR 40

The petitioner must be allowed at least 30 days after the record and verbatim transcripts are filed to file and serve its brief.

The petitioner shall have at least 30 days after the record and verbatim transcripts are filed to file and serve its brief

Page 24 | KCLCR 40

The respondent must file and serve its brief 30 days after the petitioner’s brief is filed and served.

Respondent's brief shall be filed and served 30 days following filing and service of the petitioner's brief.

Page 24 | KCLCR 40

No later than 10 days before the hearing, the Court must notify the parties whether the motion was denied and the hearing stricken or oral argument and/or responsive pleadings will be allowed.

The Court shall notify the parties, not later than 10 days before the hearing, whether: (1) the motion has been denied and the hearing stricken; or (2) oral argument and/or responsive pleadings will be allowed.

Page 29 | KCLCR 59(e)

A motion for reconsideration must be filed and noted no later than 10 days after entry of the judgment, decree, or order.

A motion for reconsideration shall be filed and noted not later than 10 days after entry of the judgment, decree, or order.

Page 29 | KCLCR 59(b)

Other covered civil, domestic relations, probate, adoption, and departmental motions must be confirmed by noon one business day before the hearing, but not earlier than two business days in advance.

All other civil, domestic relations, probate, adoptions and departmental motions which are not covered by, or exempt from confirmation under sections (i), (ii), or (iii) must be confirmed in person, by telephoning the Superior Court office at (360) 337-7140 (Option 2), or by email at supcourtconfirm@kitsap.gov no later than 12:00 noon one business day before hearings, but no earlier than two business days in advance.

Page 33 | KCLCR 77(k)(11)(A)(iv)

CR 12(b)(6) and CR 56 motions must be confirmed by noon two business days before the hearing, but not earlier than three business days in advance.

All motions pursuant to CR 12(b)(6) and CR 56 must be confirmed in person, by telephoning the Superior Court office at (360) 337-7140 (Option 2), or by email at supcourtconfirm@kitsap.gov no later than 12:00 noon two business days before hearings, but no earlier than three business days in advance.

Page 33 | KCLCR 77(k)(11)(A)(i)

Notes for other motion calendars must be filed with the Clerk by 4:30 p.m. at least five calendar days before the hearing; previously filed motions or hearing notices need only a re-note, and the required accompanying papers are specified.

Notes for all other motion calendars shall be filed in the office of the Clerk of Court by 4:30 p.m. at least five (5) calendar days before the hearing, simultaneous with a Motion and Notice of Hearing and any supporting pleadings, unless it is a re-note of a motion or a notice for hearing previously filed, in which event only the Note for hearing shall be filed.

Page 34 | KCLCR 77(k)(11)(B)(iii)

The listed motion, hearing, or trial materials and any responsive or strict-reply materials must be served by the applicable stated deadline.

Parties desiring to submit an application to the Court, legal brief, memorandum of authorities, and any supporting affidavits or other documents on a motion, hearing or trial to be heard shall, unless otherwise particularized under a specific State or local rule, serve and file the same with the Clerk of Court no later than five court days before the date the party wishes the motion to be considered. Any responsive materials shall be served and filed with the Clerk of Court by 12:00 noon two days prior to the time set for the hearing or trial. Any documents in strict reply shall be similarly filed and served no later than 12:00 noon on the court day before the hearing.

Page 11 | KCLCR 7(b)(1)(A)

Documents may not be submitted to the Court unless opposing counsel or self-represented litigants have timely received copies.

No documents shall be submitted to the Court unless opposing counsel or the self-represented litigants have been timely provided with copies.

Page 11 | KCLCR 7(b)(1)(A)

By noon of the court day before the settlement conference, parties and counsel must serve the complete settlement memorandum on the other parties and provide the original to the settlement conference judge; the original must not be filed.

No later than noon of the court day prior, all parties and counsel shall serve a complete memorandum for settlement upon the other parties and provide the original for the settlement conference judge. The original memorandum shall not be filed.

Page 14 | KCLCR 16(a)(1)(b)

Copies of an amended trial-date and case-event-schedule order must be filed and served on all parties.

Copies of said amended order shall be filed and served upon all parties.

Page 15 | KCLCR 40(A)(iii)

A party joining an additional party must serve that party with the current trial-date order and case event schedule along with the first pleading served on them.

A party who joins an additional party in an action shall be responsible for serving the additional party with the current Order Setting Trial Date and Civil Case Event Schedule together with the first pleading served on the additional party.

Page 15 | KCLCR 40(A)(iv)

According to the case event schedule, parties must exchange expected trial-witness and exhibit lists and documentary exhibits, subject to the stated impeachment, illustrative-use, and agreed-duplicate exceptions.

Pursuant to the case event schedule, the parties shall exchange: (A) lists of the witnesses whom each party expects to call at trial; (B) lists of the exhibits that each party expects to offer at trial, except for exhibits to be used only for impeachment; and (C) copies of all documentary exhibits except those to be used only for illustrative purposes, and except for those items agreed to by counsel and self-represented parties, such as identical copies of items already produced to avoid unnecessary duplication.

Page 16 | KCLCR 16(b)(1)

Non-documentary exhibits, except those used only for illustration, must be made available to all other parties for inspection before trial starts.

In addition, non-documentary exhibits, except for those to be used only for illustrative purposes, shall be made available for inspection by all other parties prior to the start of trial.

Page 16 | KCLCR 16(b)(1)

Discovery requests must be served early enough for responses to be due and depositions to be completed before the cutoff.

Discovery requests must be served early enough that responses will be due and depositions will have been taken prior to the cutoff date.

Page 16 | KCLCR 40(A)(vii)

A party must serve a jury demand on or before trial setting or waive the right to a jury trial.

A party must file and serve a jury demand on or before the time of trial setting or the right to a jury trial will be waived.

Page 19 | KCLCR 40

A party that has not appeared at trial setting must serve a jury demand within 60 days after service of the initial pleadings or waive the right to a jury trial.

A party who/which has not appeared at the time of trial setting must file and serve a jury demand within sixty (60) days of service of the initial pleadings or the right to a jury trial will be waived.

Page 19 | KCLCR 40

Jury instructions must be served by 9:00 a.m. on the first day of trial.

Instructions shall be served and filed by 9:00 a.m. of the first day of trial.

Page 21 | KCLCR 51 — Instructions to Jury and Deliberation

Proposed special questionnaires must be served on opposing counsel at least five days before trial, unless counsel refers to an adopted standard questionnaire instead of serving copies.

Counsel must submit proposed questionnaires to the Court and serve copies on opposing counsel at least five days prior to trial. (If a standard questionnaire has been adopted by the Court for particular types of cases, counsel may refer to the standard questionnaire rather than serving copies.)

Page 21

A numbered set of jury instructions with supporting citations must be provided to counsel for each opposing party.

(B) One set numbered and with supporting citations to each of the following: • Clerk of Court for file; • Judge for work copy; and • Counsel for each opposing party.

Page 21 | KCLCR 51 — Instructions to Jury and Deliberation

The respondent must serve its brief after the petitioner’s brief is filed and served, within the stated 30-day period.

Respondent's brief shall be filed and served 30 days following filing and service of the petitioner's brief.

Page 24 | KCLCR 40

The petitioner must file and serve its brief after the record and verbatim transcripts are filed.

The petitioner shall have at least 30 days after the record and verbatim transcripts are filed to file and serve its brief

Page 24 | KCLCR 40

Verbatim transcripts must be provided to all parties for a seven-day correction period before filing.

Verbatim transcripts shall be prepared by a certified court reporter and submitted to all parties for a period of seven days for correction of errors prior to filing.

Page 24 | KCLCR 40

Copies of the administrative record must be provided to all parties.

Copies of the administrative record shall be provided to all parties.

Page 24 | KCLCR 40

The petitioner must serve its reply brief within the additional 14-day period.

Petitioner shall have an additional 14 days for filing a service of a reply brief.

Page 24 | KCLCR 40

A copy of the reconsideration motion and all supporting pleadings must be hand-delivered to the Superior Court office for service on the trial judge.

The trial judge shall be served by hand delivery of a copy of the motion and all supporting pleadings to the Superior Court office.

Page 29 | KCLCR 59(b)

A represented party moving for summary judgment against a self-represented party must serve the required notice with the supporting papers and also serve copies of CR 56 and KCLCR 56.

Any represented party moving for summary judgment against a self-represented party at the time the summary judgment motion is filed shall serve and file as a notice entitled “What is a Summary Judgment Motion? Notice for Parties Who Do Not Have a Lawyer” with the papers in support of the motion. This Notice shall be on a form approved by the Court and available on the Court’s website. The represented party shall also serve a copy of CR 56 and KCLCR 56.

Page 29 | KCLCR 56(c)(ii)

Before presenting an ex parte order, give notice to opposing counsel or an unrepresented opposing party unless a statute or local rule excludes notice, an articulated emergency exists, or the matter is an unlawful detainer order-to-show-cause motion; notice may be by telephone if necessary.

(i) Scope. This rule applies to all temporary restraining orders, orders to show cause, and all other ex parte matters. It includes all criminal matters except dismissal at end of probation. (ii) Notice to Opposing Counsel or Party. Unless notice is specifically excluded by statute or local rule, or on an articulated emergency, no ex parte order shall be presented without notice to opposing counsel or opposing party if appearing without counsel. If counsel for any party, or a party, has appeared either formally or informally, notice is required. If necessary, notice may be by telephone. This rule applies regardless of whether service is required on the attorney or a party pursuant to CR 5(b)(4). (iii) Notwithstanding (ii), above, without notice or oral argument, a party may move for an order to show cause in unlawful detainer cases.

Page 35 | KCLCR 77(C) Hearing of Ex Parte Matters

Responsive affidavits must be served on opposing counsel or the opposing party by 5:00 p.m. three business days before the hearing.

Responsive affidavits shall be served and filed no later than 4:30 p.m. to the court and 5:00 p.m. to opposing counsel/party three business days before the hearing.

Page 39 | KCLFLR 2 FAMILY LAW MOTION PRACTICE

Reply affidavits must be provided to opposing counsel or the opposing party by 5:00 p.m. one business day before the hearing.

Reply affidavit shall be provided to opposing counsel/party no later than 5:00 p.m. one business day before the hearing.

Page 39 | KCLFLR 2 FAMILY LAW MOTION PRACTICE

The petitioner must serve the temporary order on the respondent and file a declaration of service.

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

Page 39 | KCLFLR 1 EX PARTE RESTRAINING ORDERS

At entry of a default dissolution decree, the moving party or counsel must immediately deliver or mail a conformed copy to the other party or their counsel, marking each copy with the filing date.

In default dissolution cases, at the time of entry of the decree, the moving party or counsel shall immediately deliver to or mail to the other party, at their address if known, or to their counsel, a conformed copy of the decree, with the date of filing indicated on each copy so delivered or mailed.

Page 40 | KCLFLR 5 NONCONTESTED MARRIAGE DISSOLUTIONS; DELIVERY OF DECREE TO OTHER PARTY

The Domestic Relations Information Form must be served on the opposing party by 9:00 a.m. on the day of trial.

In all final hearings or trials in domestic relations matters, each party shall file and serve on the opposing party and the court by 9:00 a.m. the day of trial, a written Domestic Relations Information Form.

Page 40 | KCLFLR 4 FINAL HEARING ON CONTESTED MATTERS

The listed mandatory-discovery documents must be exchanged between the parties at least 45 days before the settlement conference and need not be served on the court.

(3) Mandatory Discovery. Parties shall exchange with each other, as appropriate, the following documents no later than forty-five days before the settlement conference. It is not required that these documents be served on the court.

Page 41 | KCLFLR 6

Expert witnesses must be disclosed by the discovery exchange, except a responding expert must be disclosed within 30 days after receipt of the mandatory discovery material.

(H) Expert witnesses shall be disclosed no later than at the time of the discovery exchange, unless the expert witness is being sought specifically to respond to the discovery material provided by the other side. If that is the case, then the expert witness shall be disclosed within 30 days of receipt of the mandatory discovery material; and

Page 42 | KCLFLR 6

A completed settlement conference memorandum and Exhibit G Domestic Relations Form must be served on the other parties; failure may result in the conference being stricken and rescheduled.

Failure to serve a completed settlement conference memorandum and a “Domestic Relations Form” in the form of Exhibit G upon the other parties and provide the original for the settlement conference judge, as required, may, at the discretion of the judge, result in the settlement conference judge striking the scheduled settlement conference and setting a subsequent settlement conference on the Court’s next available date.

Page 43 | KCLFLR 6(1)

When child support modification is the only relief sought, reply affidavits must be provided to opposing counsel or party by 5:00 p.m. one business day before the hearing.

In matters wherein child support modification is the only relief sought, requests for modification will be heard by affidavit, 10 minutes per side for argument unless the Court requests additional affidavits or an order authorizing oral testimony is granted. Petitioner’s affidavit shall be submitted not later than 14 days before the hearing. Respondent’s affidavit shall be submitted not later than seven days before the hearing. Reply affidavits shall be provided to opposing counsel/party no later than 5:00 p.m. one business day before the hearing.

Page 45 | KCLFLR 9 CASE PROGRESSION

Any bail bond company or surety desiring to post bail bonds in Kitsap County Superior Court, District Court or Juvenile Court is required to annually obtain an Order of Justification by filing a petition and proposed order with the Kitsap County Superior Court for an order of justification and paying a filing file.

Any bail bond company or surety desiring to post bail bonds in Kitsap County Superior Court, District Court or Juvenile Court is required to annually obtain an Order of Justification by filing a petition and proposed order with the Kitsap County Superior Court for an order of justification and paying a filing file.

Page 79 | KCLCrR 2.4(a)

The court charges $0.15 per copy plus mailing costs for requested administrative-record copies.

For requested copies of court administrative records, the court will charge a fee of $0.15 per copy plus the cost of mailing.

Page 2 | Requesting Court Administrative Records

A deposit in an amount not to exceed the estimated cost may be required before any copying or mailing is started.

A deposit in an amount not to exceed the estimated cost may be required before any copying or mailing is started.

Page 2 | Requesting Court Administrative Records

For requests requiring more than one hour of internal research, the court charges $30 per hour for the second and each subsequent research hour.

Additionally, for requests that require internal research in excess of one hour, the Court will charge $30.00 per hour for the second and each subsequent hour in which research is necessary.

Page 2 | Requesting Court Administrative Records

Reasonable charges may apply for access to records through the Clerk’s Office.

Reasonable charges may apply.

Page 2 | Requesting Court Administrative Records

Counsel and unrepresented parties must file bench copies for hearings where pleadings have been filed and provide them to Room 210.

Counsel, or parties appearing without counsel, shall be responsible for filing of bench copies. Bench copies are mandatory for all hearings for which pleadings have been filed. Bench copies must be provided to Room 210 (Superior Court Administration).

Page 1 | Bench Copies

If bench copies are not retrieved and refiled for a new hearing date, another set must be filed unless the party arranges with Court Administration before the hearing to move the copies to that date.

If bench copies have not been retrieved and refiled for a new hearing date, another set of bench copies must be filed for the new hearing unless the submitting party contacts the Court Administration office prior to the hearing and makes arrangements to move the bench copies to the next hearing date.

Page 11 | KCLCR 7(b)(1)(B)(iv)

When filing a document under section (A), the party must simultaneously file bench copies with the Superior Court office and note the trial or hearing date; bench copies are mandatory for hearings where pleadings have been filed.

At the time a party files any document with the office of the Clerk of Court pursuant to section (A) above the party shall be responsible for filing bench copies simultaneously with the Superior Court office along with a notation of trial or hearing date. Bench copies are mandatory for all hearings for which pleadings have been filed.

Page 11 | KCLCR 7(b)(1)(B)(i)

One unnumbered set of jury instructions without citations must be provided to the trial judge.

(A) One set to trial judge to be unnumbered without citations.

Page 21 | KCLCR 51 — Instructions to Jury and Deliberation

A numbered set of jury instructions with supporting citations must be provided to the Clerk, the judge as a work copy, and counsel for each opposing party.

(B) One set numbered and with supporting citations to each of the following: • Clerk of Court for file; • Judge for work copy; and • Counsel for each opposing party.

Page 21 | KCLCR 51 — Instructions to Jury and Deliberation

A bench copy of the record, including an index and document-identification tabs, must be provided to the assigned judge.

A bench copy of the record with an index and document identification tabs shall be provided to the assigned judge.

Page 24 | KCLCR 40

A bench copy of the summary judgment and all supporting documents and responses must be delivered to the Superior Court office on the filing date.

A bench copy of the summary judgment and all supporting documents and responses shall be delivered on the date of filing to the Superior Court office.

Page 29 | KCLCR 56(c)(i)

Bench copies for a motion to revise must be submitted in accordance with KCLCR 7.

(c) Oral arguments on a motion to revise shall be limited to 10 minutes per side. Bench copies shall be submitted pursuant to the requirements of KCLCR 7.

Page 51

The moving party must provide the assigned judge a bench copy of the materials submitted to the commissioner in support of and opposition to the motion.

The moving party shall provide the assigned judge a bench copy of all materials submitted to the commissioner in support of and in opposition to the motion.

Page 51

A duplicate copy of the response must be delivered to the Superior Court office.

A duplicate copy of the response shall be delivered to the Superior Court office.

Page 55 | KCLCAR

A duplicate copy of the Statement of Arbitrability must be delivered to the Superior Court office.

A duplicate copy shall be delivered to the Superior Court office.

Page 55 | KCLCAR

Bench copies of all pleadings and reports must be submitted to the court by noon on the day before the hearing.

Bench copies of all pleadings and reports shall be submitted to the court no later than 12:00 noon the day before the hearing.

Page 61 | KCLSPR 98.16 Minor Settlements

All documents for the status hearing must be provided to the court as bench copies at least five court days before the hearing.

All documents submitted to the court in relation to the status hearing shall be filed and provided to the court (in the form of bench copies), and other parties, at least five (5) court days prior to the status hearing.

Page 66 | KCLSPR 98.35(c)(1)

The position statement must be provided to all parties and to the court as bench copies five court days before the initial hearing.

Said statement shall be provided to all parties and the court (in the form of bench copies) five (5) court days prior to the initial hearing.

Page 66 | KCLSPR 98.35(c)(1)

Two sets of exhibits must be provided to the court at least 3 court days before trial: one for the clerk to mark and one for the judge.

Two sets of exhibits shall be provided to the court no less than 3 court days prior to trial (one set to be marked by the clerk, and one set for the judge).

Page 68 | KCLSPR 98.35

Provide a copy of the response to the Superior Court Arbitrator Department.

3.3 Provide a copy to the Arbitrator Department of the Superior Court.

Page 107 | EXHIBIT I — III. INSTRUCTIONS

Send a copy of the arbitration award to the Superior Court Scheduler/Judicial Assistant.

A COPY MUST ALSO BE SENT TO THE SUPERIOR COURT SCHEDULER/JUDICIAL ASSISTANT.

Page 108 | EXHIBIT J — ARBITRATION AWARD

If a hearing is not confirmed, a party may retrieve a filed bench copy on or before the originally scheduled hearing date, update its date, and refile it.

If a hearing is not confirmed and a bench copy has been filed, a party may retrieve it from the Superior Court office on, or before, the date originally set for hearing, re-date it, and refile it.

Page 11 | KCLCR 7(b)(1)(B)(iii)

For motions to revise a commissioner’s order, the moving party must provide the assigned judge a bench copy of the materials submitted to the commissioner in support of and opposition to the motion, following KCLCR 7.

The moving party shall provide the assigned judge a bench copy of materials submitted to the commissioner in support of and in opposition to the motion. Bench copies shall be submitted pursuant to the requirements of KCLCR 7.

Page 63 | KCLSPR 98.40 MOTION FOR REVISION OF GUARDIANSHIP AND PROBATE PROCEEDINGS

Written evidence intended for the substantive emergency guardianship hearing must be provided to the court as bench copies at least five court days before the 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 bench copies), and provided to the other parties, at least five (5) court days prior to 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 bench copies), and provided to the other parties, at least five (5) court days prior to the hearing.

Page 66 | KCLSPR 98.35(c)(2)(B)

Medical records and information submitted under the specified cover sheet are sealed automatically and unavailable to the public.

Medical records and medical information submitted under form WPF All Cases 01.0300, Sealed Medical and Health Information (Cover Sheet) shall be sealed automatically and will not be available to the public.

Page 1 | INFORMATION FOR PERSONS WITH DISABILITIES WHO NEED ACCOMMODATIONS TO ACCESS THE COURTS

Medical information filed under the cover sheet or otherwise sealed is kept confidential and outside the public record unless the court grants a motion for access after a hearing at which you may appear.

Medical information that is filed under form WPF All Cases 01.0300, Sealed Medical and Health Information (Cover Sheet) or otherwise sealed by the court will not be included in the public court record and will be kept under confidential court seal unless there is a motion (written request to the court) for access that is granted after a hearing at which you will have the opportunity to appear.

Page 3 | Instructions for Completing Request for Reasonable Accommodation Form

Medical and other health information submitted using the Sealed Medical and Health Information Cover Sheet is automatically sealed.

Medical and other health information submitted under form WPF All Cases 01.0300, Sealed Medical and Health Information (Cover Sheet) shall be sealed automatically.

Page 4 | Request for Reasonable Accommodation for Persons with Disabilities

If the Court approves the proposed guardian or conservator, the JIS must be filed under seal in the Court file.

If the Court approves the proposed guardian or conservator, the JIS shall be filed under seal in the Court file.

Page 63 | KCLSPR 98.32

You may disclose confidential information using the Sealed Medical and Health Information Cover Sheet and refer the court to it instead of stating the information on the form.

As this information may become part of a public court record, you may disclose confidential information under form WPF All Cases 01.0300, Sealed Medical and Health Information (Cover Sheet) and refer the court to that information rather than stating it here.

Page 3 | Instructions for Completing Request for Reasonable Accommodation Form

If medical or other health information is not submitted using the cover sheet, the submitter may later ask the court to seal it.

If medical and other health information is not submitted under form WPF All Cases 01.0300, Sealed Medical and Health Information (Cover Sheet), the submitter may ask the court to seal the documents later.

Page 4 | Request for Reasonable Accommodation for Persons with Disabilities

Confidential information may be submitted under the specified sealed medical and health information cover sheet and referenced instead of stated in the form.

As this information may become part of a public court record, you may disclose confidential information under form WPF All Cases 01.0300, Sealed Medical and Health Information (Cover Sheet) and refer the court to that information rather than stating it here.

Page 2 | Steps for Completing the Form

A reconsideration motion must be set on the trial judge’s departmental motion docket for a hearing 30 to 40 days after entry, unless the Court directs otherwise.

The motion shall be noted on the trial judge’s departmental motion docket to be heard not sooner than 30 but not later than 40 days after entry of the judgment, decree, or order, unless the Court directs otherwise.

Page 29 | KCLCR 59(b)

A reconsideration motion is submitted on the moving party’s briefs and affidavits only; the opposing party may not submit a response and oral argument is not heard unless the Court directs otherwise.

A motion for reconsideration shall be submitted on briefs and affidavits of the moving party only. No response shall be submitted by the opposing party, nor shall oral argument be heard, unless the Court so directs.

Page 29 | KCLCR 59(e)

Counsel and the parties must participate in a settlement conference in the specified family-law actions, unless they file proof that each party participated in formal mediation.

In each dissolution, declaration of invalidity, legal separation, parentage, or intimate committed relationship, counsel and the parties shall participate in a settlement conference presided over by a judge, court commissioner, or court approved pro tem judicial officer. This requirement may be waived if the parties file proof of each party’s participation in a formal mediation.

Page 40 | KCLFLR 6 MANDATORY SETTLEMENT CONFERENCES

All parties must attend the settlement conference and be prepared to negotiate settlement seriously.

E. All parties must attend and be prepared to seriously negotiate settlement.

Page 93 | Exhibit C

Settlement conferences are mandatory in domestic relations cases, except for support modifications.

D. Settlement conferences are mandatory in all domestic relations cases except support modifications.

Page 93 | Exhibit C

Probate, guardianship, and non-Rule 56 civil motions in unassigned cases are heard Fridays at 9:00 a.m.; civil matters in preassigned cases are heard on the assigned judge’s Friday 1:30 p.m. departmental calendar.

Probate, guardianship and civil motions (except Civil Rule 56 motions) in cases which are not preassigned to a specific judge will be heard on Friday at 9:00 a.m. Civil matters in cases which have been preassigned shall be heard on that judge’s departmental calendar on Fridays at 1:30 p.m.

Page 30 | KCLCR 77(k)(2)

Motions pursuant to Civil Rule 56 in cases not solely related to debt collections or foreclosure actions should be noted for Friday at 1:30 p.m. on the “Summary Judgment” calendar. No specific judge should be named in the Note for Motion Docket.

Motions pursuant to Civil Rule 56 in cases not solely related to debt collections or foreclosure actions should be noted for Friday at 1:30 p.m. on the “Summary Judgment” calendar. No specific judge should be named in the Note for Motion Docket.

Page 30 | KCLCR 77(k)(2)(B)

Civil Rule 56 motions in cases related to debt collections and foreclosure actions are heard Fridays at 9:00 a.m.

In cases related to debt collections and foreclosure actions, Civil Rule 56 motions will be heard on Friday at 9:00 a.m.

Page 30 | KCLCR 77(k)(2)(A)

In cases other than those related to debt collections, filing a Civil Rule 56 motion results in preassignment to a specific judge; the motion is heard on that judge’s Friday 1:30 p.m. departmental calendar, and a case event schedule issues if the matter is noted for the Trial Setting Docket.

In cases other than those related to debt collections, upon filing of a Civil Rule 56 motion, the Superior Court will issue an order of preassignment to a specific judge. The Civil Rule 56 motions will be heard on the assigned judge’s Friday departmental calendar at 1:30 p.m. If the matter is noted for the Trial Setting Docket, a case event schedule will issue.

Page 30 | KCLCR 77(k)(2)(C)

Departmental matters are heard on Fridays at 1:30 p.m.

Departmental matters will be heard on Fridays at 1:30 p.m.

Page 30 | KCLCR 77(k)(1)

(1) The mediator may not have an interest in the case’s outcome and may not be related to a party, and the mediator must be: (A) an attorney licensed to practice before the courts of this state having at least five years of experience in the primary subject matter of the action;

(1) The mediator may not have an interest in the case’s outcome and may not be related to a party, and the mediator must be: (A) an attorney licensed to practice before the courts of this state having at least five years of experience in the primary subject matter of the action;

Page 40 | KCLFLR 6 MANDATORY SETTLEMENT CONFERENCES

The parties must exchange information, make a good-faith effort to negotiate settlement, and certify an attempt to settle; noncompliance may result in sanctions.

Attestation: I understand that KCLFLR 6 requires the parties to exchange information and to make a good faith effort to engage in settlement negotiations. I understand that KCLFLR 6 requires an exchange of information between the parties and a certification of an attempt to settle. I understand that the failure to comply with KCLFLR 6 may result in sanctions.

Page 94 | Attestation

A change or continuance of a settlement conference requires a timely written motion, good cause, and authorization by the Presiding Judge or preassigned judge.

Changes or continuances of settlement conferences may be authorized only by the Presiding Judge or preassigned judge on timely written motion and for good cause shown.

Page 15 | KCLCR 16

Continuance requests in domestic relations cases must be made in writing; trial-continuance requests must be made at least five calendar days before the hearing and are heard by the Domestic Relations Presiding Judge.

(B) Trial Continuances. Matters for continuances in domestic relations cases shall be made in writing to be heard by the Domestic Relations Presiding Judge. Requests to continue a trial in domestic relations cases shall be made in writing, at least five (5) calendar days before the hearing, to be heard by the Domestic Relations Presiding Judge on the Domestic Relations Presiding Judge’s Departmental Calendar.

Page 25 | KCLCR 77

A criminal motion may be continued only with the Criminal Motions Judge's consent.

Criminal motions shall be continued only with the consent of the Criminal Motions Judge.

Page 34 | KCLCR 77(k)(11)(B)(v)

Continuances may not be granted by telephone.

Continuances shall not be granted by telephone.

Page 34 | KCLCR 77(k)(11)(B)(v)

A confirmed summary judgment motion may not be continued without approval from the Civil Calendar or the preassigned judge.

Summary judgment motions which have been confirmed shall not be continued without the Civil Calendar or preassigned judge’s approval.

Page 34 | KCLCR 77(k)(11)(B)(v)

An arbitrator's request for an extension of time to file an award must be presented to the Court Administrator.

A request by an arbitrator for an extension of time for the filing of an award under CAR 6.2 must be presented to the Court Administrator.

Page 57 | KCLCAR 6.2 FILING OF AWARD

A party’s failure to receive hearing notice or evidence timely is deemed good cause to continue the emergency guardianship hearing to the next minor guardianship calendar.

(D) A failure to receive notice of the emergency guardianship hearing, or a failure to receive evidence in a timely manner on the part of any party, shall be deemed good cause to continue the emergency guardianship hearing to the next minor guardianship calendar.

Page 67 | KCLSPR 98.35

Failure to appoint counsel or counsel’s inability to participate is deemed good cause to continue the hearing to the next emergency guardianship calendar.

Failure to appoint counsel, or the inability of counsel to participate in the hearing, shall be deemed good cause to continue the emergency guardianship hearing to the next emergency guardianship calendar.

Page 67 | KCLSPR 98.35

A party may move to modify a date in the trial order and case event schedule, and the judge may grant the change upon a showing of good cause.

Upon motion of any party or the Court, and upon good cause shown, the preassigned judge may modify any date in the original Order Setting Trial Date and Civil Case Event Schedule.

Page 15 | KCLCR 40(A)(iii)

A party or the Court may seek modification of a case-schedule date by written motion, and the preassigned judge may grant it upon good cause shown.

Upon written motion of any party or the Court, and upon good cause shown, the preassigned judge may modify any date in an order entered pursuant to section (B)(iii) above.

Page 23 | KCLCR 40

Counsel may continue a noncriminal motion by agreement by filing a notice of continuance signed by at least one attorney; forms are available in the courtroom.

Counsel, by agreement, may continue any noncriminal motion by filing a notice of continuance, signed by at least one attorney. Forms are available in the courtroom. See Exhibit F.

Page 34 | KCLCR 77(k)(11)(B)(v)

A party may unilaterally strike or re-note a hearing, but after confirmation must give the other parties prior notice.

A party who has noted a matter for hearing may unilaterally strike or re-note the hearing for a new date, except that once confirmed the hearing may be stricken or re-noted only with prior notice to the other parties.

Page 34 | KCLCR 77(k)(11)(B)(v)

A motion required to continue a settlement conference may be set on the Domestic Presiding calendar with five business days’ notice to the other side.

If a motion is required to continue the settlement conference it may be set on the Domestic Presiding calendar, held on Fridays at 2:30 p.m. with five (5) business days’ notice to the other side.

Page 42 | KCLFLR 6

After a CR 26(i) conference, a party may request rescheduling of the settlement conference if the other party failed to provide mandatory disclosures.

If a party fails to provide these mandatory disclosures, the other party may request that the settlement conference be rescheduled after a CR 26(i) conference is held.

Page 42 | KCLFLR 6

The Court may change or continue the specified dates upon the parties’ written stipulation or a party’s motion.

Upon written stipulation of the parties, or upon motion of party, the Court may order a change or continuance of the trial date, special set hearing, support modification hearing, or settlement conference date.

Page 45 | KCLFLR 9 CASE PROGRESSION

If time runs out while counsel is pursuing an important issue about prospective jurors’ qualifications, counsel may request additional time from the Court.

If counsel is pursuing an important issue that relates to the qualifications of the prospective jurors to serve, and time has run out, counsel may request that the Court grant additional time.

Page 26 | KCLCR 47

Do not send ex parte communications to Kitsap County judges in person, by phone, or by email.

Kitsap County Judges may not receive ex parte communications in person, by phone or email.

Page 1 | GENERAL PROCEDURES

Settlement conferences must be confirmed in person, by phone, or by email between 48 hours in advance and noon on the day before the conference.

All settlement conferences must be confirmed in person, by telephoning the Superior Court office at (360) 337-7140 (Option #2), or by email at supcourtconfirm@kitsap.gov no later than 12:00 noon on the day before the conference, but not earlier than 48 hours in advance.

Page 15 | KCLCR 16

The Court Scheduler must be notified immediately if a case set for trial is settled, will not be tried for any reason, or a jury is waived.

Whenever a cause has been set for trial and thereafter is settled or will not be tried for any reason, or if a jury is thereafter waived, notice shall immediately be given to the Court Scheduler.

Page 20 | KCLCR 40

Before filing a stipulated scheduling order, the petitioner must contact the Court Scheduler to obtain a tentative merits-hearing date.

Prior to filing a stipulated scheduling order, the petitioner shall contact the Court Scheduler to obtain a tentative date for the merits hearing.

Page 24 | KCLCR 40

Parentage-calendar matters must be confirmed in person, by phone, or by email no earlier than two business days and no later than noon one business day before the hearing.

(i) All matters noted on the Parentage calendar must be confirmed in person, by telephoning the Superior Court office at (360) 337-7140 (Option 2), or by email at supcourtconfirm@kitsap.gov no later than 12:00 noon one business day before hearings, but no earlier than two business days before hearings.

Page 26 | KCLCR 77

The moving party must confirm an administratively continued motion for it to be heard.

(ii) Motions which are administratively continued must be confirmed by the moving party in order to be heard.

Page 26 | KCLCR 77

Domestic relations and parentage matters, including Orders to Show Cause and Presentation of Orders, must be confirmed under the referenced provision.

All domestic relations and parentage matters, including Orders to Show Cause and Presentation of Orders, must be confirmed pursuant to (v) below.

Page 33 | KCLCR 77(k)(11)(A)(iii)

The moving party must confirm an administratively continued motion for it to be heard.

Motions which are administratively continued must be confirmed by the moving party in order to be heard.

Page 33 | KCLCR 77(k)(11)(A)(i)

All other civil, domestic relations, probate, adoptions and departmental motions which are not covered by, or exempt from confirmation under sections (i), (ii), or (iii) must be confirmed in person, by telephoning the Superior Court office at (360) 337-7140 (Option 2), or by email at supcourtconfirm@kitsap.gov no later than 12:00 noon one business day before hearings, but no earlier than two business days in advance.

All other civil, domestic relations, probate, adoptions and departmental motions which are not covered by, or exempt from confirmation under sections (i), (ii), or (iii) must be confirmed in person, by telephoning the Superior Court office at (360) 337-7140 (Option 2), or by email at supcourtconfirm@kitsap.gov no later than 12:00 noon one business day before hearings, but no earlier than two business days in advance.

Page 33 | KCLCR 77(k)(11)(A)(iv)

CR 12(b)(6) and CR 56 motions must be confirmed in person, by phone, or by email within the specified confirmation window.

All motions pursuant to CR 12(b)(6) and CR 56 must be confirmed in person, by telephoning the Superior Court office at (360) 337-7140 (Option 2), or by email at supcourtconfirm@kitsap.gov no later than 12:00 noon two business days before hearings, but no earlier than three business days in advance.

Page 33 | KCLCR 77(k)(11)(A)(i)

Settlement conferences must be confirmed in person, by telephone, or by email between 48 hours in advance and noon one day before the hearing; failure to confirm may result in terms or sanctions.

All settlement conferences must be confirmed in person, by telephoning the Superior Court office at (360) 337-7140 (Option 2), or by email at supcourtconfirm@kitsap.gov no later than 12:00 noon one day before hearings, but no earlier than 48 hours in advance. Failure to confirm may result in the imposition of terms and/or sanctions as the Court may deem appropriate.

Page 43 | KCLFLR 6(d) Mandatory Confirmations

The arbitrator must give the Court Administrator reasonable notice of the hearing date and any continuance.

Notice of Hearing - Time - Place - Continuance. In addition to the requirements of RCW 7.06.043 and CAR 5.1, the arbitrator shall give reasonable notice of the hearing date and any continuance to the Court Administrator.

Page 57 | KCLCAR 5.1 NOTICE OF HEARING

To have a scheduled status hearing stricken and an oral argument date assigned, a party must notify the court scheduler and certify in writing two days before the hearing that the briefs are filed and the matter is ready; this procedure applies in criminal and civil matters except small claims.

(d) Waiver of Status Hearing. If, two days prior to the status hearing scheduled pursuant to paragraph (c), a party notifies the court scheduler and certifies in writing that the briefs are filed and the matter is ready for oral argument, the status hearing will be stricken, and an oral argument hearing date will be assigned and the parties notified. This procedure shall be followed in both criminal and civil matters, excluding small claims.

Page 83 | KCLRALJ 6.3

Rule 12(b)(6) and Rule 56 motions must be confirmed in person, by phone, or online by noon two court days before the hearing, but not earlier than 72 hours beforehand; unlawful detainer actions filed under RCW Title 59 do not require confirmation.

Civil Rule 12(b)(6) and Rule 56 motions which are to be pursued, must be confirmed in person, by telephoning the Superior Court at (360) 337-7140 (option 2) or online no later than 12:00 noon two court days before hearings, but no earlier than 72 hours in advance. The Superior Court does not require confirmation of unlawful detainer actions filed under RCW Title 59.

Page 1 | Civil Rule 12(b)(6) and Rule 56 motions

KCLCR 77(k)(10)(A) Mandatory Confirmations. All civil (except unlawful detainer actions; Rule 12(b)(6) and Rule 56 motions), domestic relations (except Parentage Calendar), probate, adoptions and departmental motions which are to be pursued must be confirmed in person, by telephoning the Superior Court at (360) 337-7140 (option 2), or online no later than 12:00 noon one day before hearings, but no earlier than 48 hours in advance.

KCLCR 77(k)(10)(A) Mandatory Confirmations. All civil (except unlawful detainer actions; Rule 12(b)(6) and Rule 56 motions), domestic relations (except Parentage Calendar), probate, adoptions and departmental motions which are to be pursued must be confirmed in person, by telephoning the Superior Court at (360) 337-7140 (option 2), or online no later than 12:00 noon one day before hearings, but no earlier than 48 hours in advance.

Page 1 | KCLCR 77(k)(10)(A) Mandatory Confirmations

All Parentage calendar matters must be confirmed in person, by phone, or online by noon one court day before the hearing, but not earlier than two business days beforehand.

KCLCR 77(5)(H)(i) Parentage and State Initiated Child Support Cases. All matters on the Parentage calendar must be confirmed in person, by telephoning the Superior Court at (360) 337-7140 (option 2), or online no later than 12:00 noon one court day before hearings, but no earlier than two business days before hearings.

Page 1 | KCLCR 77(5)(H)(i) Parentage and State Initiated Child Support Cases

All settlement conferences must be confirmed by noon the day before the conference, but not earlier than 48 hours beforehand.

KCLCR 16(a)(3) requires that all settlement conferences be confirmed no later than 12:00 noon the day before the conference, but not earlier than 48 hours in advance.

Page 1 | Mandatory Confirmation

Matters requiring confirmation may not be pursued if they have not been confirmed.

Matters not confirmed may not be pursued.

Page 1 | KCLCR 77(k)(10)(A) Mandatory Confirmations

Use the Cognito form to request a remote appearance; telephonic requests are not accepted.

The Cognito form may be found HERE. This will provide sufficient time for the applicable judicial officer to review your request and provide a response either confirming or denying approval. Telephonic requests for remote appearances will not be accepted.

Page 1 | HOW TO REQUEST AN EXCEPTION TO A MANDATORY, IN-PERSON APPEARANCE

Approval for remote appearance applies to one hearing only unless the judicial officer expressly authorizes an extension in writing; otherwise, request approval for each hearing.

Approved requests are made on a one-time/one-hearing basis unless expressly authorized in writing by the judicial officer. Absent an extended authorization, a request will need to be made for each hearing.

Page 1 | HOW TO REQUEST AN EXCEPTION TO A MANDATORY, IN-PERSON APPEARANCE

Judges may not discuss a case unless all parties involved are present.

As a general rule, No. The judges are prohibited under the Canons of Judicial Ethics from discussing matters pertaining to a case without all parties involved in the case being present.

Page 1 | Can I talk to the Judge?

The Court must be notified at trial setting if a Kitsap County attorney is a party or witness, or if another matter needs a visiting judge.

The Court shall be notified at the time of trial setting if an attorney practicing in Kitsap County is a party or a witness in any matter before the Court or of any other matter needing a visiting judge.

Page 19 | KCLCR 40

Mental illness hearings must be scheduled through the Court Scheduler.

Mental illness hearings will be set through the Court Scheduler.

Page 19 | KCLCR 40

Telephone communications about trial settings, special motion settings, and scheduling should initially be directed to the Court Scheduler at (360) 337-7008.

All telephone communications regarding trial settings, special motion settings, and scheduling should initially be with the Court Scheduler at (360) 337-7008.

Page 19 | KCLCR 40

A standby calendar may be requested through the Court Scheduler for specified trial conflicts or emergencies, subject to required approvals; other requests go to the Presiding Judge, and cases pending settlement cannot be placed on standby at counsel’s request but may be reset.

Standby Calendar at Counsel Request. A standby calendar at the parties’ request may be created with the following conditions and addressed to the Court Scheduler. (i) Trial - Kitsap County Superior Court. If an attorney is in another trial in Kitsap County Superior Court. (ii) Trial - Other Courts. If an attorney has a conflict with another Superior Court, Appellate Court, or Federal Court, with the approval of the Presiding Judge. (iii) Emergency. If an illness or other emergency situation arises involving the litigants, witnesses, or lawyers, with the approval of the Presiding Judge. (iv) Other Requests. Any other request must be made to the Presiding Judge. (v) Pending Settlement. Cases pending settlement will not be placed on standby at counsel’s request, but may be reset.

Page 20 | KCLCR 40

The Court may hear an unconfirmed matter only at its discretion.

(iii) Matters not confirmed may be heard only at the discretion of the Court.

Page 26 | KCLCR 77

Hearings requiring a special setting must be arranged through the Court Scheduler.

Any hearing requiring special setting shall be arranged through the Court Scheduler.

Page 33 | KCLCR 77(k)(10)

Specially set hearings must be confirmed under KCLCR 77(k)(11)(A).

Special set hearings must be confirmed as required by KCLCR 77(k)(11)(A).

Page 33 | KCLCR 77(k)(10)

The Court may hear an unconfirmed matter only at its discretion.

Matters not confirmed may be heard only at the discretion of the Court.

Page 33 | KCLCR 77(k)(11)(A)(v)