Kitsap County Superior Court Document Filing Requirements

CRITICAL

Applies to

Order approving guardian conservator or trustee report

Orders approving an initial or periodic guardian’s, conservator’s, or trustee’s report must include the required Court Summary on the first page in the specified format.

Every order to approve an initial or periodic Guardian’s, Conservator’s, or Trustee’s report shall include a Court Summary (Required) on the first page in the following format:

CRITICAL

Applies to

Indictment information affidavit or declaration

The complete name of a child charged with a crime must be included in the specified charging documents and, when deemed necessary, for prosecution or defense of the criminal or juvenile offender matter.

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.

CRITICAL

Applies to

Request for trial de novo

A request for trial de novo must be accompanied by a Note for Trial using the Court's provided forms.

(a) Service and Filing. The request for trial de novo shall be accompanied by a Note for Trial on the forms provided by the Court. [See Exhibit A.]

CRITICAL

Applies to

Guardianship findings and order

Before entry of a Guardianship Findings and Order, the petitioner must submit a Disclosure of Bankruptcy and Criminal History (GDN ALL 002), which the court must review.

Prior to the court entering a Guardianship Findings and Order the petitioner(s) shall submit, and the court shall review, a Disclosure of Bankruptcy and Criminal History (GDN ALL 002).

CRITICAL

Applies to

Guardian report

The GAL or court visitor must facilitate the court’s review of JIS information about proposed guardians or conservators with their report.

The court-appointed GAL or court visitor must facilitate the court’s review of information from the Judicial Information System about any proposed non-certified (lay) guardian(s), conservator(s), co-guardian(s), co-conservators, or successor guardian(s)/conservator(s) (hereinafter Guardian) with their report to the court.

CRITICAL

Applies to

Petition for emergency guardianship

An emergency guardianship petition must be filed simultaneously with the emergency minor guardianship hearing notice, and the hearing must be set on the Minor Guardianship calendar.

A Petition for Emergency Guardianship shall be filed simultaneously with a Notice of Hearing about Emergency Minor Guardianship (GDN M 201), and the hearing on the emergency guardianship shall be set on the Minor Guardianship calendar.

CRITICAL

Applies to

Order appointing guardian ad litem

After the names are struck, submit the Order to a judge or commissioner for signature or other appropriate action and deliver a copy to the Superior Court office.

The Order shall then be submitted to a judge or commissioner for signature or such other action as may be appropriate, and a copy delivered to the Superior Court office.

CRITICAL

Applies to

Settlement conference memorandum and domestic relations form

The original settlement conference memorandum and Exhibit G Domestic Relations Form must be provided for the settlement conference judge.

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.

CRITICAL

Applies to

Brief

Every factual statement in a brief must cite the administrative record and transcripts using “AR” and “HR [date],” respectively, followed by a page number.

In all statements of fact, briefs shall contain citations to the administrative record and the transcripts. Citations to the administrative record and the transcripts shall be denoted “AR” and “HR [date],” respectively, plus a page number.

CRITICAL

Applies to

Arbitrator payment request

When filing the award, the arbitrator must submit a request for payment to the Superior Court office.

When the award is filed, the arbitrator shall submit to the Superior Court office a request for payment on a form prescribed by the Court.

CRITICAL

Applies to

Order appointing guardian ad litem

For Title 26 family law proceedings, apply for appointment by submitting an Order Appointing Guardian ad Litem to the Superior Court office.

Application to the Court for appointment of a guardian ad litem in all Title 26 family law proceedings shall be made by submitting an Order Appointing Guardian ad Litem to the Superior Court office.

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 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.

CRITICAL

Applies to

Final hearing documents

At the final hearing for the specified uncontested family-law matters, the applicant’s attorney or self-represented party must present the listed documents for signature, including a parenting plan or residential schedule if applicable.

At the time of final hearing upon any uncontested dissolution, invalidity, legal separation, committed intimate relationship (meretricious relationship), or domestic partnership, or Modification of Parenting Plan/Residential Schedule/Custody Order, the attorney for the applicant or the self-represented party shall present to the court for signature appropriate Findings and Conclusions about a Marriage, Final Divorce Order (Dissolution Decree), Child Support Order, Child Support Worksheets, Residential Time Summary, and Parenting Plan/Residential Schedule, if applicable.

CRITICAL

Applies to

Remote appearance request

A remote-hearing request must state its reason and be based on specific, extenuating circumstances that prohibit personal appearance; the listed circumstances are examples.

Requests for remote hearings shall include the reason for the request. Requests must be based on specific, extenuating circumstances that prohibit your personal appearance, such as: > Medical conditions necessitating isolation or separation from others; > Mobility issues which limit transportation to-and-from the Courthouse and/or public Courthouse navigation; and/or, > Out-of-State residents without the financial means to travel to Kitsap County.

CRITICAL

Applies to

Reconsideration motion

Reconsideration papers must be identified as such and state the entry date and opposing counsel’s names and addresses.

The documents shall be clearly identified as a motion for reconsideration, and shall clearly state the date the judgment, decree, or order was entered, and the names and addresses of opposing counsel.

CRITICAL

Applies to

Grievance complaint

A grievance not concerning an ongoing case must be submitted in writing as a clear and concise complaint explaining its grounds, directed to the Court Administrator or Director of Juvenile Court as applicable.

Grievances shall be submitted in a written complaint, explaining in clear and concise language the grounds for the grievance. The complaint shall be directed to the Court Administrator for Title 11, RCW 11.130, and Title 26 grievances. The complaint shall be directed to the Director of Juvenile Court for complaints regarding VGALs. Grievances will be considered only if submitted in writing.

CRITICAL

Applies to

Petition for order of justification

The petition must identify every jurisdiction where the petitioner has been justified or denied justification, currently or previously.

g. Jurisdictions. Identify all jurisdictions where the petitioner is currently and has previously been justified or denied justification.

CRITICAL

Applies to

Request for reasonable accommodation

5. Line No. 5: You must explain why the accommodation is needed. You should state the nature of your disability and how it prevents you from participating in the court proceeding(s) unless you are provided with an accommodation. If you are unsure, state the disability as best you can and describe how it affects you. For example, if you have a problem remembering information, or understanding the proceedings due to a learning disability, you need to explain this on the Line No. 5.

5. Line No. 5: You must explain why the accommodation is needed. You should state the nature of your disability and how it prevents you from participating in the court proceeding(s) unless you are provided with an accommodation. If you are unsure, state the disability as best you can and describe how it affects you. For example, if you have a problem remembering information, or understanding the proceedings due to a learning disability, you need to explain this on the Line No. 5.

CRITICAL

Applies to

Signed appointment order

Once signed, the Order must be presented to the Superior Court office for registry data.

The Order, once signed, shall be presented to the Superior Court office for registry data.

CRITICAL

Applies to

Court records

The date of the birth of a child shall be included in court records only as authorized by General Rule 22.

The date of the birth of a child shall be included in court records only as authorized by General Rule 22.

CRITICAL

Applies to

Maintenance request

A maintenance request must include current pay stubs, a completed Financial Declaration (Form WPF DR 01-055), and any other relevant financial information.

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

CRITICAL

Applies to

Settlement certification

At least one party must file certification of attempted good-faith settlement discussions before the conference, unless a protective order prevents unrepresented parties from contacting each other directly.

Prior to the settlement conference, at least one party shall file certification that they contacted the opposing party and attempted to engage in good faith settlement discussions. (i) This requirement is waived in instances where a protective order prevents unrepresented parties from contacting one another directly.

CRITICAL

Applies to

Acceptance of appointment

After entry of the Minor Guardianship Findings and Order, the named guardian must file an Acceptance of Appointment, after which the clerk must issue Letters of Guardianship.

Upon the entry of Minor Guardianship Findings and Order (GDN M 105), the named guardian shall file an Acceptance of Appointment (GDN ALL 003), and the clerk shall therafter issue Letters of Guardianship (GDN ALL 004) to the guardian.

CRITICAL

Applies to

County paid fee payment submission

Before payment of County-paid fees, submit a copy of the authorizing Order and an affidavit of fees (Exhibit L) to the Court Administrator.

A copy of the Order authorizing County-paid fees and an affidavit of fees (Exhibit L) shall be submitted to the Court Administrator before payment will be made.

CRITICAL

Applies to

Emergency guardianship hearing

If a parent or child requests counsel, counsel must be appointed before the substantive emergency guardianship hearing.

If the parents or child has requested counsel, counsel shall be appointed prior to the substantive emergency guardianship hearing.

CRITICAL

Applies to

Settlement conference statement

When child support or a parenting plan is at issue, each party must attach the proposed child support worksheet, proposed child support order, and proposed final parenting plan to its settlement conference statement.

If child support or a parenting plan is at issue in the action, a proposed child support worksheet, proposed child support order, and a proposed final parenting plan shall be attached to the settlement conference statement of each party.

CRITICAL

Applies to

Declaration of completion

Except as provided in subsection (d), a non-certified guardian or conservator must complete the prescribed online training before appointment and submit the training module’s Declaration of Completion to the Court for filing.

Except as provided in (d),a non- certified guardian or conservator shall not be appointed by the Court until he/she has successfully completed the mandated Lay Guardians for Adults and Conservators online training module located at: www.courts.wa.gov/guardianportal/index.cfm?fa=guardianportal.adultLayGuardianship. Successful completion shall be evidenced by submitting the Declaration of Completion provided by the training module to the Court for filing.

CRITICAL

Applies to

Ongoing case grievance

An ongoing-case grievance must be brought by motion, properly noted under local rules before the assigned judge or applicable calendar, and raised by or for a named party.

A grievance under this rule must be brought to the attention of the Court in the form of a motion. For the motion to be heard by the Court it must be properly noted for hearing in compliance with local rules. In a case assigned to a particular judge, the motion must be noted for hearing before that judge. In all other cases the matter should be noted as follows: for Title 11 cases and cases filed under RCW 11.130 on the guardianship calendar; for Title 26 cases, on the domestic relations calendar (both calendars are held Fridays at 9:00 a.m.); or, for Title 13 cases regarding VGALs on the dependency calendars on Mondays and Wednesdays at 9:00 a.m. The grievance will be entertained only if raised by or on behalf of a party named in the case.

CRITICAL

Applies to

Confidential information sheet

When filing a guardianship or emergency guardianship petition, the petitioner must simultaneously file a Confidential Information Sheet, unless the action was consolidated with a prior non-parent custody action.

Upon filing a Summons and Petition for Guardianship and/or a Petition for Emergency Guardianship, the petitioner must simultaneously file a Confidential Information Sheet (GDN M 410), a Motion and proposed Order to DCYF to Release CPS Information (GDN M 404/GDN 405), and WSP WATCH report for each petitioner filed under a Criminal History cover sheet (GDN M 407). If the guardianship action was consolidated with a prior non-parent custody action, no new confidential information sheet is required.

CRITICAL

Applies to

Internal review request

A request for internal review must be written and directed to the Presiding Judge or designee through the applicable public records officer.

Any request for internal review must be made in writing and directed to the Superior Court Presiding Judge or his/her designee, in care of the Superior Court or Juvenile Court public records officer.

CRITICAL

Applies to

Civil arbitration motion

Motions relating to civil arbitration must be noted on the Civil Motions Calendar under KCLCR 77, except where the arbitration rules provide otherwise.

All motions before the Court relating to civil arbitration shall be noted on the Civil Motions Calendar in accordance with KCLCR 77, except as otherwise provided in these arbitration rules. (See, for example, KCLCAR 4.2 and KCLCAR 6.3).

CRITICAL

Applies to

Final family law documents

When the Respondent has appeared and agrees to the proposed final papers, the parties need not personally appear if the required final documents are signed under penalty of perjury; if the Respondent previously signed a Joinder, only the Petitioner's verification is required.

In the event there has been an appearance by the Respondent, but the Respondent agrees to the entry of the final papers as proposed, neither party need personally appear except through his/her attorney, provided that both the Petitioner and Respondent have signed the Findings and Conclusions about a Marriage or Final Order and Findings on Petition to Change a Parenting Plan/Residential Schedule/Custody Order under penalty of perjury in the form set forth below. If Respondent has previously signed a Joinder, only the verification of Petitioner is required as set forth below.

CRITICAL

Applies to

Summary judgment notice

A represented party moving for summary judgment against a self-represented party must serve and file the titled notice with the supporting papers, using the Court-approved form available on its website.

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.

CRITICAL

Applies to

Notice of intent to add agents

A petitioner seeking to add agents must file a Notice of Intent to Add Agent(s) with the Superior Court Clerk and serve it, with the required supporting information, on the Prosecuting Attorney’s Civil Division.

During the period an order of justification is in effect, a petitioner may seek to add additional agents by filing with the Kitsap County Superior Court Clerk and serving on the Civil Division of the Kitsap County Prosecuting Attorney’s Office a Notice of Intent to Add Agent(s) together with supporting information as required in paragraphs (c) (1) and (2).

CRITICAL

Applies to

Motion

A party seeking a UCCJEA conference must file a motion on the appropriate motions calendar stating whether Washington is asked to relinquish or assume jurisdiction, the particular grounds and relief sought, and the other state’s action details and initial pleadings identified in the text.

(1) The party seeking the UCCJEA conference shall file a motion on the appropriate motions calendar. The motion shall clearly state if the moving party is asking Washington State to relinquish jurisdiction to another state, or to assume jurisdiction from another state. The motion shall state with particularity the grounds therefore and shall set forth the relief or order sought. (A) In addition, the motion shall clearly specify the following: (i) The state and venue, including the full Court’s name, for the other state’s action. (ii) Any initial pleadings, including the summons and petition for the

CRITICAL

Applies to

Jis search request

Before entry of an emergency guardianship order, the petitioner must submit a JIS search request in anticipation of the hearing; the request should include specified names and birth dates, and the court must review the JIS before entry.

Prior to the court entering an emergency guardianship 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 proposed guardian’s household, and any parent that may be entitled to visitation with the child. This should be submitted in anticipation of the emergency guardianship hearing. The court shall review the JIS prior to entry of the emergency guardianship order.

CRITICAL

Applies to

Trial setting note

The moving party must identify all counsel and parties, along with their mailing addresses, when seeking a trial setting.

The moving party must identify all counsel and/or parties and their mailing addresses.

CRITICAL

Applies to

Motion for temporary support

A motion for temporary support must include an affidavit stating the factual basis and the requesting parties’ financial information, including pay stubs for the preceding six months.

Motions shall be accompanied by an affidavit setting forth the factual basis for the request, and the requesting parties’ financial information (to include pay stubs for the 6 months preceding the motion).

CRITICAL

Applies to

Certificate of attendance

In the specified cases, the required parenting seminar must be completed within 90 days after service, and the provider agency must file a certificate of attendance with the Court.

In all cases referred to in Section (a) above, and in those additional cases arising under Title 26 RCW where the Court makes a discretionary finding that a parenting seminar would be in the best interest of the children, both parents, and such other parties as the Court may direct, shall participate in, and successfully complete, an approved parenting seminar within 90 days after service of a petition on the responding parent. Successful completion shall be evidenced by a certificate of attendance filed with the Court by the provider agency.

CRITICAL

Applies to

Administrative record

A copy of the administrative record without side tabs must be filed with the Superior Court Clerk for the court file.

A copy of the administrative record without side tabs shall be filed with the Superior Court Clerk for the court file.

CRITICAL

Applies to

Settlement conference submission

Each party must submit a completed settlement-conference memorandum and Domestic Relations Form Exhibit G, or a substantially compliant alternative, to the other party and the Court at least 14 calendar days before the conference; the parties may mutually agree to a shorter period of at least 7 calendar days.

(c) Attendance and Preparation Required. No later than 14 calendar days prior to a settlement conference that has been scheduled pursuant to section (a), each party shall have submitted to the other party and the Court a completed settlement conference memorandum and a completed “Domestic Relations Form” in the form of Exhibit G, or a similar form or memo that substantially complies with the information sought by the Court in Exhibit G. The parties may mutually agree to a shorter period of time not less than 7 calendar days before the settlement conference

CRITICAL

Applies to

Accommodation request form

To request an 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, complete the Request for Reasonable Accommodation Form and return to the Kitsap County Superior Court Administrator, 614 Division Street, MS-24, Port Orchard, WA 98366.

CRITICAL

Applies to

Parenting plan

If the parenting plan is not agreed, attach a proposed parenting plan.

PARENTING PLAN (if not agreed): YOU MUST ATTACH: Proposed Parenting Plan.

CRITICAL

Applies to

Notice of land use petition

The petitioner’s written notice to the Court Scheduler must identify the matter as a Land Use Petition Act case and request 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.

CRITICAL

Applies to

Bench copy

Must include

case number

Bench copies must clearly show the trial or hearing date and time, the assigned judge or calendar name, and the correct case number; copies missing this information may not be considered.

Bench copies MUST be clearly marked with: Date and time of trial or hearing date Judge Assigned or Calendar Name for the hearing All bench copies must include the correct case number. Bench copies that do not include the information listed above may not be considered by the judge or court commissioner.

CRITICAL

Applies to

Amended order

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

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

CRITICAL

Applies to

Response

A party who disagrees with the Initial Statement of Arbitrability must file and serve a response using KCLCR-Exhibit I at least three days before the arbitration setting docket date.

Any party not in agreement with the Initial Statement of Arbitrability shall file and serve a response (KCLCR-Exhibit I) at least three (3) days prior to the arbitration setting docket date.

CRITICAL

Applies to

Record of reasons for deviation

A judge or commissioner who deviates from appointing the next person on the rotational list must comply with the applicable statutes to make an appropriate record of the reasons.

Any judge or commissioner who does not appoint the individual next on the rotational list, as supplied by the Court Administrator, shall comply with RCW 11.130.155 or RCW 26.09.220, RCW 26.12.175, and RCW 26.12.177, as appropriate, for the purposes of making an appropriate record of the reasons for the deviation.

CRITICAL

Applies to

Statement of arbitrability

When a party determines that a civil case is ready for trial and subject to civil arbitration, that party must file a Note for Arbitration Setting & Initial with the Clerk; the excerpt ends before the document title is complete.

(a) Statement of Arbitrability. In every civil case, when any party has determined that the case is ready for trial and that the case is subject to civil arbitration, including by stipulation, such party shall file with the Clerk a Note for Arbitration Setting & Initial

CRITICAL

Applies to

Proposed order

Must include

proposed order

For ex parte calendars, proposed orders must be submitted to the Court before the calendar begins.

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