Kitsap County Superior Court Document Filing Requirements

CRITICAL

Applies to

Petition for order of justification

Every petition for an Order of Justification must be verified under oath or certified under penalty of perjury.

h. All petitions for an Order of Justification shall be verified under oath or certified under penalty of perjury as authorized by RCW 5.50.010(4).

CRITICAL

Applies to

Oath of office

The Court-prescribed oath of office must be completed and filed before an application is placed on the arbitrator panel.

The oath of office on the form prescribed by the court must be completed and filed prior to an application being placed on the panel.

CRITICAL

Applies to

Notice of intent to seek suspension or revocation

A notice seeking suspension or revocation must briefly state its basis and be served on the affected bail bond company.

The notice of intent to seek suspension or revocation shall include a short statement of the basis on which suspension or revocation is sought and shall be served on the bail bond company whose justification is at issue.

CRITICAL

Applies to

Court order

Specified child-support, custody, residential-schedule, parenting-plan, and parentage orders must include the child's full name.

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 parentage shall include the full name of the child.

CRITICAL

Applies to

Discovery objection

A discovery objection must identify each challenged request or response, the related interrogatory or request, and the reasons for the objection.

Any party objecting to an answer or a response to an interrogatory, requests for production or inspection, or requests for admission shall set forth each request or response objected to, the interrogatory or requests to which it relates, and the reasons for the objections.

CRITICAL

Applies to

Settlement memorandum

The settlement memorandum must address the listed liability, damages, disability, settlement-position, and resolution-effort topics, including an opening offer when money damages are at issue.

The attorney personally in charge of each party’s case and trial counsel shall personally attend all settlement conferences and shall come prepared to discuss in detail and in good faith the following, which shall also be addressed in the memorandum for settlement: • All liability issues; • All items of special damages or property damage; • The degree, nature, and duration of any claimed disability; • General damages; • Explanation of position on settlement. When money damages are at issue, the parties shall include their opening offer to settle the case; and, • A brief description of efforts to resolve the case.

CRITICAL

Applies to

Electronic record transcript

The appellant must transcribe the electronic record.

(a) Transcript by Appellant. The appellant shall transcribe the electronic record.

CRITICAL

Applies to

Petition for order of justification

A petitioner must provide true and correct copies of the listed company, surety, agent, bond, declaration, and financial documents with the petition.

(2) Documentation. Provide a true and correct copy of each of the following documents: a. Business License/UBI. Documentation from the Washington State Department of Revenue or Department of Licensing listing the bail bond company’s UBI number. b. Washington State Insurance Commission Certification. Current Washington State Insurance Commission Certification which contains a statement indicating if: i) the corporate surety is duly licensed and authorized to transact business of surety insurance; ii) the corporate surety is in compliance with all State insurance laws; iii) the corporate surety has paid all fees and taxes; iv) identifies all offices and employees of the bonding company appointed as agents of the corporate surety; and v) identifies all offices and employees of the bonding company licensed as insurance agents in the State of Washington. c. Power of Attorney. A current fully executed power of attorney for each agent authorized to execute surety bonds and the maximum dollar amount of any single bond which the agent is authorized to execute. d. Current Bonds. A current list of petitioner’s total bond obligations by county, segregating property bonds from surety bonds; e. Agent Licenses. A current copy of every agent’s current Washington State Department of Licensing Bail Bond Agent License. f. Declaration. A declaration signed under penalty of perjury by each owner and proposed agent stating that person’s full name, any aliases, former name(s), including maiden name(s), address, dates of birth, criminal history conviction information including date of conviction and name of sentencing court; Washington State Department of Licensing disciplinary actions and open investigations. g. Verified Financial Statements. As identified in the petition. h. All petitions for an Order of Justification shall be verified under oath or certified under penalty of perjury as authorized by RCW 5.50.010(4).

CRITICAL

Applies to

Joint statement of evidence

Under the case event schedule, the parties must file a Joint Statement of Evidence listing expected trial witnesses and exhibits.

Pursuant to the case event schedule, the parties shall file a Joint Statement of Evidence consisting of (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.

CRITICAL

Applies to

Case management schedule

The parties must submit a case-management schedule for Court approval at the initial management conference.

Parties submit case management schedule approved by the Court;

CRITICAL

Applies to

Pleading requiring clerk action

Pleadings requiring Clerk action other than file stamping or docketing must include “CLERK’S ACTION REQUIRED” and the applicable paragraph, line, and page numbers in the caption beneath the case number on the first page.

(2) Action Documents. All pleadings requiring action by the Clerk of Court, other than file stamping and docketing, shall contain the language CLERK’S ACTION REQUIRED and the applicable paragraph number, line and page numbers in the caption beneath the case number on the first page of the document.

CRITICAL

Applies to

Proposed jury instructions

Proposed Washington Pattern Jury Instructions must be identified by WPI number; modified instructions must include “modified” in the citation and identify modifications on numbered sets, except when only alternate WPI wording is selected.

Washington Pattern Jury Instructions are to be cited. On the copy of proposed jury instructions delivered to the trial court, the Clerk of Court, and opposing counsel, those Washington Pattern Jury Instructions proposed shall be so identified by WPI number. If the WPI is changed or modified in any way (except for the selection of alternate WPI wording), the citation shall include the word “modified.” Modifications shall be identified on the numbered sets.

CRITICAL

Applies to

Note for trial setting

The trial will be set only if the Note for Trial Setting form is filled out completely.

Trial will be set only if this form is filled out completely.

CRITICAL

Applies to

Written objection

Written objections must attach the proposed orders, identify the provisions objected to, and offer alternative language.

Objections must include the proposed orders as an attachment, specifically identify the objectionable provisions, and shall offer alternative language.

CRITICAL

Applies to

Domestic violence or substance abuse evaluation

Unless the court orders otherwise, a submitted domestic-violence or substance-abuse evaluation must state that the evaluator interviewed the opposing party and relevant collateral contacts and reviewed the evaluated party’s criminal history, relevant protection-order petitions, and relevant probable-cause statements.

Unless otherwise ordered by the Court, any domestic violence or substance abuse evaluation submitted by a party in support of a motion or response to a motion or pursuant to court order shall contain the following: A statement of the evaluator that (1) the evaluator has interviewed the opposing party and any other relevant collateral contacts; (2) the evaluator has reviewed the criminal history of the party being evaluated; (3) the evaluator has reviewed any petitions for domestic violence protection orders where the party being evaluated is the respondent; and (4) the evaluator has reviewed all probable cause statements for any domestic violence and alcohol relate criminal cases where the party being evaluated is or was the defendant.

CRITICAL

Applies to

Minor settlement petition and dispositive orders

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.

CRITICAL

Applies to

Verbatim transcript

A certified court reporter must prepare verbatim transcripts, which must be submitted to all parties for seven days to correct errors 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.

CRITICAL

Applies to

Written stipulation and order

Before appointment, parties stipulating to recommend a particular registered guardian ad litem or court visitor must present a written stipulation and Order signed by both parties and their attorneys, specifying the retainer amount, payment agreement, and hourly rate.

If the parties stipulate to recommend the appointment of a particular registered guardian ad litem or court visitor, the parties must present, prior to appointment, a written stipulation and Order signed by both parties and their attorneys which specifies the amount of the retainer charged, the agreement between the parties regarding payment of the retainer and the fees, and the hourly rate charged by the recommended individual.

CRITICAL

Applies to

UCCJEA motion

A UCCJEA motion must satisfy the listed requirements, including providing relevant pleadings and the other court contact’s information, or it will not be heard and the conference will not be scheduled.

(iii) Any pleadings from the other state’s action that reference any UCCJEA issues. (iv) The name, mailing address, e-mail address, and direct phone number of the contact person for the other court who is responsible for arranging the UCCJEA hearing with the appropriate judicial officer. (B) Failure to comply with the above requirements will result in the UCCJEA motion not being heard and the conference will not be scheduled.

CRITICAL

Applies to

Petition and order

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

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).

CRITICAL

Applies to

Settlement attempt certification

The party submitting the settlement-attempt certification must use Local Court Rule Form Exhibit P.

(1) For purposes of the certification, the submitting party shall use Local Court Rule Form Exhibit P.

CRITICAL

Applies to

Order appointing guardian ad litem court visitor

For Title 11.130 guardianship or conservatorship proceedings, apply for appointment by submitting an Order Appointing Guardian ad Litem/Court Visitor to the Superior Court office.

Application to the Court for appointment of a guardian ad litem or court visitor in all Title 11.130 guardianship and/or conservatorship proceedings shall be made by submitting an Order Appointing Guardian ad Litem/Court Visitor to the Superior Court office.

CRITICAL

Applies to

Motion for additional fees

Requests for additional fees require a motion with proper notice to all parties.

If additional fees are requested, a motion must be made to the Court with proper notice to all parties.

CRITICAL

Applies to

Motion for revision

Motions to revise a commissioner’s order must rely on materials already submitted to the commissioner; new or supplemental materials are barred, though a brief statement identifying the alleged error is permitted.

(b) All motions for revision of a commissioner’s order shall be based on the written materials and evidence originally submitted to the commissioner, including documents and pleadings in the court file. No new, additional or supplemental materials shall be received. A brief statement identifying the alleged error is permitted.

CRITICAL

Applies to

Mandatory discovery disclosures

Parties must exchange the specified financial, property, retirement, insurance, business, vehicle, debt, and expert-witness disclosures as applicable.

(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. If a document is not produced, a brief explanation of why it is not produced is required. (A) For child support, maintenance, attorney’s fees, or similar financial relief: a completed mandatory financial declaration form, an individual (or joint) tax returns for the past two calendar years together with all schedules, 1099’s, W-2s, and similar statements of income; complete partnership and/or corporate tax returns for the past two years together with all schedules and attachments for all partnerships and corporations in which a party has had an interest of five per cent or greater as well as a current profit and loss statement for the year-to-date for any such entities; and all pay stubs or leave and earning statements showing income for the past six months or since January 1st of the current calendar year, whichever period is longer. (B) The most recent employers’ Employee Retirement Income Security Act (ERISA) statement and a statement of contributions since that statement of any pension plan of either party; the most recent statements, and statements as of the date of separation, for any Individual Retirement Account (IRA), Simplified Employee Pension plan (SEP), Thrift Savings Plan, deferred compensation account, or other defined contribution “retirement” account; (C) A written appraisal and/or a comparative market analysis of any real estate and/or personal property of special, unusual, or extraordinary value, or a summary of the evidence that will be relied upon to value such items; (D) The most recent National Automobile Dealers Association (N.A.D.A.) Official Used Car Guide, or other similar vehicle appraisal guide showing both average loan or wholesale and retail values for any automobiles; (E) A summary of the source and tracing of any property asserted to be the separate property of either party; (F) A statement from each life insurance company issuing a policy of insurance on the life of either party as to its cash value and any loans against its cash value; (G) A written appraisal/business evaluation or documentation of any business entity including, but not limited to, proprietorship, partnership, limited liability company (LLC), or closely held corporation of the parties, or a summary of the evidence that will be relied upon to value the same; (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 (I) A summary and documentation of any debts that a party requests to be divided by the Court.

CRITICAL

Applies to

Written request for jis information

The GAL or court visitor must request JIS information in writing from Superior Court Administration and provide identifying information for each proposed guardian or conservator, and for all adults living with them when applicable.

The GAL or court visitor shall request, in writing, the information from Superior Court Administration and provide the name, address, and date of birth of each person proposed as Guardian or Conservator. If the person subject to the guardianship or conservatorship will be living with the proposed guardian or conservator, the GAL or court visitor shall follow this same procedure for all adults living with the proposed guardian or conservator.

CRITICAL

Applies to

Accommodation request form

Print your name, sign and date the form, provide the city and state where you sign, and give it to the court officer.

9. Print your name and sign and date and provide the City and State where you are signing the form. Give it to the court officer.

CRITICAL

Applies to

Petition and order

For orders protecting a child, petitions and orders must include the child's full name and other identifiers as necessary for entry in JIS or WACIC.

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).

CRITICAL

Applies to

Financial declarations and support worksheets

Financial declarations and support worksheets required by RCW 26.09 must be filed whenever financial matters are at issue in a motion.

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

CRITICAL

Applies to

Statement of arbitrability

A Statement of Arbitrability is to be substantially in the form of Exhibit H.

Statement of Arbitrability substantially in the form of Exhibit H.

CRITICAL

Applies to

Temporary or final order

Temporary or final orders presented by someone other than an attorney must be accompanied by written verification that an attorney or the Kitsap County Courthouse Facilitator reviewed the pleadings as to form; the Court may waive the requirement for good cause.

Unless presented by an attorney, no temporary or final Orders shall be presented to the Court without written verification that all such pleadings have been reviewed as to form by an attorney or the Kitsap County Courthouse Facilitator. This requirement may be waived by the Court for good cause shown.

CRITICAL

Applies to

Guardian ad litem court visitor registry application and annual update

Each applicant, including those already on the registry, must annually submit the listed application materials, records, certifications, and other required information to the Court Administrator.

(C) Contents. Each applicant, including individuals already on the registry, must annually submit the following documents to the Court Administrator: (i) A completed application for guardian ad litem/court visitor registry which includes the following: a statement certifying the applicant has read and agrees to be bound by the Kitsap County Superior Court Guardian ad Litem Registry Code of Conduct; a summary of experiences as a guardian ad litem or court visitor, including years of experience, number of appointments, and the county or counties of appointment; and the number of times the guardian ad litem or court visitor has been removed for failure to perform his or her duties as guardian ad litem or court visitor; (ii) A current curriculum vitae documenting educational background, qualifications, formal training, work, professional and individual experiences in the needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities and/or other areas relevant to the needs of persons subject to guardianship or conservatorship, legal procedure, and the requirements of RCW 11.130.155; (iii) A description of the nature, status and outcome of any professional complaints, investigations or disciplinary action, lawsuit or professional liability claim, and any order for removal of the guardian ad litem prior to completion of his or her duties; (iv) A description of any claim or litigation that has been commenced involving allegations of improper fee charges, charges of fraud, theft or other forms of dishonesty or professional malpractice or conduct; (v) A copy of the applicant’s proposed fee schedule; (vi) A Washington State Patrol criminal history report as defined in RCW 9.94A.030; (vii) A signed release of information directed to all professional regulatory bodies which have licensed or supervised the applicant within the last ten years; (viii) For new applicants, a Certification of Qualifications/Training for Guardian ad Litem and Court Visitor (Title 11 or 26) as approved by the Department of Social and Health Services; or, for those applicants currently on the registry, a certification of having completed the annual training (Title 11 or 26) approved by the Kitsap Superior Court, or if no training is so approved, the annual training offered by DSHS in another county; and (ix) Any other required information and correspondence with reference to the individual’s service as a guardian ad litem or court visitor and any action thereon by the Court.

CRITICAL

Applies to

Prehearing statement of proof

Each party must furnish the arbitrator copies of relevant pleadings and other documents in the court file.

Prehearing Statement of Proof - Documents Filed with Court. In addition to the requirements of CAR 5.2, each party shall also furnish the arbitrator with copies of pleadings and other documents contained in the court file which the party deems relevant.

CRITICAL

Applies to

Notice of appeal

In a civil appeal, the notice of appeal must state the claimed errors and identify their locations in the transcript.

In a civil case, the notice of appeal shall include a statement of the errors the appealing party claims were made by the court of limited jurisdiction, and shall identify the location of claimed errors in the transcript.

CRITICAL

Applies to

Public records request

Requests for court administrative records must use the specified form, be in writing, and be submitted to the designated public records officer.

To request Superior or Juvenile Court administrative records under Washington State General Rule 31.1, you must complete the Kitsap County Request for Disclosure of Public Records form. All requests for access to court administrative records must be in writing and submitted to the designated public records officer set-forth above.

CRITICAL

Applies to

Hearing note

The hearing note must be filed with a Motion, Notice of Hearing, and any supporting pleadings, except that only the hearing note is filed when re-noting a previously filed motion or hearing notice.

Notes for Tuesday morning Parentage calendars and Friday morning Domestic Relations motion calendars, including any special set matters under KCLCR 77(k)(9), shall be filed in the office of the Clerk of Court by 4:30 p.m. at least fourteen (14) 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.

CRITICAL

Applies to

Request for reasonable accommodation

Complete the Request for Reasonable Accommodation Form and return it to the Superior Court Administrator at the stated address.

To request a reasonable accommodation, you must complete the Request for Reasonable Accommodation Form and return it to the Superior Court Administrator, 614 Division Street, MS-24, Port Orchard, WA 98366.

CRITICAL

Applies to

Proposed final parenting plan

Parents must attach a true and accurate, signed and dated copy of the seminar completion certificate to their proposed final parenting plan; the source text ends before completing the certificate description.

All parents are required to attach to their proposed final parenting plan a true and accurate signed and dated copy of the certificate of completion of

CRITICAL

Applies to

Confidential information form

For cases filed under Title 26, the Confidential Information Form or a similar document must include children's complete names and other identifiers.

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.

CRITICAL

Must include

case number

When confirming, provide the confirming party's name and telephone number, the hearing or settlement conference date and time, and the case number.

Information to be provided when confirming includes: Name and telephone number of confirming party Date and time of the hearing/settlement conference Case number

CRITICAL

Applies to

Final family law pleading

Final family-law pleadings not presented by an attorney require written verification of review as to form by an attorney, the Courthouse Facilitator, or Kitsap Legal Services, unless the Court waives the requirement for good cause.

Unless presented by an attorney, no final Decree, Findings of Fact and Conclusions of Law, Parenting Plan, Order of Child Support and Worksheets, Final Order and Findings on Petition to Change a Parenting Plan/Residential Schedule or Custody Order or other final pleadings in Family Law cases shall be presented to the Court without written verification that all such pleadings have been reviewed as to form by an attorney, the Kitsap County Courthouse Facilitator or Kitsap Legal Services. This requirement may be waived by the Court for good cause shown.

CRITICAL

Applies to

Child support submission

Must include

proposed order

For child support that is not agreed, attach a proposed child support order, support worksheets, and current pay stubs; attach a completed financial declaration if requesting a deviation.

CHILD SUPPORT (if not agreed): YOU MUST ATTACH: 1. Proposed Child Support Order, Support Worksheets and current pay stubs. Form WPF DR 01-050; and 2. Completed Financial Declaration if requesting a deviation. Form WPF DR 01-055

CRITICAL

Applies to

Hearing confirmation

Settlement conferences, support modification hearings, adoption hearings, and motions or hearings noted for court calendars must be confirmed.

All settlement conferences, support modification hearings, adoption hearing, and motions/hearings noted for court calendars must be confirmed.

CRITICAL

Applies to

Petition for guardianship

For qualifying non-parent custody cases not finalized before June 30, 2021, a guardianship petition must be filed and the guardianship case consolidated with the custody action before the case proceeds or is finalized.

In non-parent custody cases that were not finalized prior to June 30, 2021, a petition for guardianship under RCW 11.130 shall be filed and the guardianship case shall be consolidated with the RCW 26.10 non-parent custody action, prior to the case moving forward or being finalized.

CRITICAL

Applies to

Jis search request

Before entry of a Minor Guardianship Findings and Order, the petitioner must submit a JIS search request in anticipation of the final-order hearing; it should contain specified names and birth dates, and the court must review the JIS before entry.

Prior to the court entering a Minor Guardianship Findings and Order the petitioner must submit a JIS search request to the court (https://www.cognitoforms.com/KitsapCounty1/JISSEARCHREQUEST). The request should include the names and dates of birth for all proposed guardians, all adults in the guardian’s household, and any parent that is entitled to visitation with the child. This should be done in anticipation of a hearing in which the petitioner(s) shall be presenting the final order. The court shall review the JIS prior to entry of the final order.

CRITICAL

Applies to

Brief

Each party must file a brief that complies with RALJ 7.1 and 7.2.

Each party shall file a brief pursuant to the requirements of RALJ 7.1 and 7.2.

CRITICAL

Applies to

Final parenting plan

A final parenting plan may not be entered without the referenced certificate, unless the Court has waived attendance.

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

CRITICAL

Applies to

Decree

Each copy of a default dissolution decree delivered or mailed to the other party or their counsel must indicate 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.

CRITICAL

Applies to

Written certification

A party seeking to have the status hearing stricken must certify in writing that the briefs are filed and the matter is ready for oral argument.

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.

CRITICAL

Applies to

Domestic relations form

Complete the section if parenting or child support is disputed; skip it if parenting and child support are agreed or there are no dependent children.

FILL OUT THIS SECTION IF PARENTING or CHILD SUPPORT IS AN ISSUE IN DISPUTE If Parenting and Child Support are Agreed or There are No Dependent Children - Please Skip This Section: