Kitsap County Superior Court Service and Proof of Service Rules

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Reconsideration motion

Service

Personal service to court

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.

CRITICAL

Applies to

Response to statement of arbitrability

Serve a copy of the response on the other parties and file the original with the County Clerk.

3.2 Serve a copy on the other parties and file the original with the COUNTY CLERK.

CRITICAL

Before a substantive emergency guardianship hearing, the petitioner must file an affidavit of service showing proper notice to everyone listed in RCW 11.130.225(3).

(C) The court shall not hold a substantive hearing on a Petition for Emergency Guardianship unless the Petitioner has filed an affidavit of service indicating that all individuals listed in RCW 11.130.225(3) have been provided proper notice.

CRITICAL

Applies to

Response

A party who disagrees with the Initial Statement of Arbitrability must serve the response 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

A party disagreeing with the Statement of Arbitrability must serve and file a response substantially in the form of Exhibit I.

Any party disagreeing with the Statement of Arbitrability shall serve and file a response substantially in the form of Exhibit I.

CRITICAL

Provide a copy of the document to the other party no later than 14 days before the settlement conference.

PLEASE PROVIDE A COPY OF THIS DOCUMENT TO THE OTHER PARTY AND SUBMIT THE ORIGINAL TO ROOM 210 OF THE KITSAP COUNTY SUPERIOR COURT NO LATER THAN 14 DAYS PRIOR TO YOUR SETTLEMENT CONFERENCE. SEE KCLFLR 6.

CRITICAL

Deadline

1 business days

Applies to

Reply affidavit

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.

CRITICAL

Applies to

Order

The Petitioner must serve the Respondent with a copy of the order and file a declaration of service in the court file.

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

CRITICAL

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.

CRITICAL

A copy of any filed objection must be served on the petitioner.

A copy of filed objections shall be served on the petitioner.

CRITICAL

Applies to

Proposed parenting plan

Unless already provided, each parent must provide the other parent with a Proposed Parenting Plan at least 60 days before trial.

At least sixty (60) days prior to trial, each parent shall provide the other parent with a Proposed Parenting Plan, if they have not already done so.

CRITICAL

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.

CRITICAL

A petitioner must serve its reply on the Civil Division by April 10.

Any reply by petitioner shall be filed with the Court and served on the Civil Division of the Prosecuting Attorney’s Office no later than April 10.

CRITICAL

Deadline

14 calendar days

The party seeking relief must serve the notice of motion, underlying motion, and declarations on the other party 14 calendar days before the hearing.

The party seeking relief shall file and serve the notice of motion and underlying motion and declarations on the other party fourteen (14) calendar days prior the hearing date.

CRITICAL

Applies to

Proposed parenting plan

If they have not already done so, each parent must provide the other parent with a proposed parenting plan at least 60 days before trial.

Al menos sesenta (60) días antes del juicio, cada padre deberá proporcionar al otro padre un Plan de Crianza Propuesto, si aún no lo han hecho.

CRITICAL

Deadline

3 business days

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.

CRITICAL

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

CRITICAL

Deadline

5 court days

The parties must exchange exhibits at least 5 court days before trial.

The parties shall exchange exhibits at least 5 court days prior to trial.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

14 calendar days

Applies to

Support hearing notice and motion

The support-hearing notice and underlying motion must be provided to the other party at least 14 calendar days before the hearing.

Notice of the support hearing and the underlying motion must be filed with the court and provided to the other party at least 14 calendar days prior to the hearing date.

CRITICAL

Applies to

Ex parte order

An ex parte order must be served on the restrained party at least 14 days before the hearing on the underlying motion.

If an ex parte order is entered, the order shall be served on the restrained party at least 14 days prior to the hearing date on the underlying motion.

CRITICAL

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.

CRITICAL

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

CRITICAL

Applies to

Arbitration award

File the original arbitration award with the Superior Court Clerk together with proof of service on the parties.

ORIGINAL TO BE FILED WITH THE SUPERIOR COURT CLERK, KITSAP COUNTY COURTHOUSE, TOGETHER WITH PROOF OF SERVICE ON THE PARTIES.

CRITICAL

Deadline

5 court days

Applies to

Position statement

The position statement must be provided to all parties 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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Summary judgment motion

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.

CRITICAL

Applies to

Petitions and orders

Copies of all petitions and orders must be served on the Civil Division of the Kitsap County Prosecuting Attorney’s Office.

copies of all petitions and orders shall be served on the Civil Division of the Kitsap County Prosecuting Attorney’s Office.

CRITICAL

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.)

CRITICAL

A conformed copy of the petition and order must be provided to the Civil Division of the Prosecuting Attorney’s Office by March 1 each year.

A conformed copy of the petition and order shall also be provided to the Civil Division of the Kitsap County Prosecuting Attorney’s Office, not later than March 1 of each year.

CRITICAL

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.

CRITICAL

The Notice of Intent to Add Agent(s) must be served on the Civil Division of the Kitsap County Prosecuting Attorney’s Office.

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

A party who disagrees with the information or estimates in the Note for Trial Setting must serve a counter notice or written objection at least three days before the trial setting date.

Any party not in agreement with the information or estimates given in Note for Trial Setting shall file and serve at least three (3) days prior to the trial setting date a counter notice or written objection to setting.

CRITICAL

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.

CRITICAL

A party presenting a judgment on the arbitration award must give notice to all parties.

Twenty days after the award has been filed with the clerk, if no party has sought a trial de novo under CAR 7.1, any party on notice to all parties may present to the Ex Parte Department a judgment on the arbitration award for entry as final judgment in this case.

CRITICAL

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.

CRITICAL

Applies to

Settlement conference memorandum and domestic relations form

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.

CRITICAL

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.

CRITICAL

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

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

CRITICAL

Deadline

5 court days

Applies to

Status hearing document

All documents for the status hearing must be provided to the other parties 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.

CRITICAL

Applies to

Jury demand

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.

CRITICAL

Applies to

Notice of appointment of guardian

After an immediate emergency guardianship order, notice of the guardian’s appointment must be provided to the listed individuals within 48 hours; a substantive hearing must be held within five court days after entry or on the first Minor Guardianship calendar thereafter.

If an Immediate Order for Emergency Guardianship is entered, the notice of appointment of guardian must be provided to the individuals listed within RCW 11.130.225(3) within 48 hours of the appointment, and a substantive hearing on the Petition for Emergency Guardianship shall be held within 5 court days of the entry of the order, or the first Minor Guardianship calendar thereafter.

CRITICAL

Draft temporary and final orders must be delivered to the opposing party, as well as the Court, by 4:30 p.m. five days before the scheduled presentation hearing.

Draft temporary and final orders following a Court ruling shall be delivered to the Court and to the opposing party no later than 4:30 p.m. five days prior to the scheduled hearing on presentation.

CRITICAL

Deadline

1 business days

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.

CRITICAL

The notice seeking suspension or revocation must be served on the bail bond company whose justification is at issue.

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.