Klickitat and Skamania Counties Superior Court Document Filing Requirements

CRITICAL

Applies to

Motion

A Motion for Revision must state specific grounds for each claimed error, supporting argument and legal authorities, include the challenged order, and designate the pleadings from the original proceedings.

The motion must set forth specific grounds for each claimed error and argument and legal authorities in support thereof. The motion shall be accompanied by a copy of the order for which revision is sought, along with a designation of all pleadings which were before the Commissioner in support, or in opposition in the original proceedings.

CRITICAL

Applies to

Advice of rights form juvenile

Juvenile's counsel must complete and file the Advice of Rights Form - Juvenile at arraignment.

Counsel for juvenile shall fill out and file at time of arraignment an Advice of Rights Form - Juvenile (Exemplar #9).

CRITICAL

Applies to

Written request appeal

A request for Presiding Judge review must be submitted in writing.

If the Court Administrator determines that the complaint is not sufficiently serious to address further, the Court Administrator shall notify the complainant that the complaint will be closed and advise them that they may request that the Presiding Judge review the complaint by submitting a written request/appeal within 10 days of receipt of letter closing complaint.

CRITICAL

Applies to

Pleading requesting hearing

Must include

certificate of conference

A pleading requesting that the court schedule a hearing must include the moving party’s certification that the conference requirements were met.

Any pleading that requests the court schedule a hearing shall include the moving party's certification that the conference requirements of this rule have been met.

CRITICAL

Applies to

Pleading requiring clerk action

Pleadings requiring clerk action beyond file stamping or docketing must place “CLERK'S ACTION REQUIRED” beneath the case number and heading in the first-page caption; they should identify the relevant section to the extent possible.

All pleadings requiring action by the Clerk of Court, other than file stamping and docketing, shall contain the language CLERK'S ACTION REQUIRED in the caption beneath the case number and heading on the first page of the document and should to the extent possible identify the section requiring clerk's action.

CRITICAL

Applies to

Trial process selection and waiver

All parties must file the Trial Process Selection and Waiver for an IFLT; the form is available on the Superior Court website.

All parties must file a Trial Process Selection and Waiver for IFLT, which Is available on the Superior Court website.

CRITICAL

Applies to

Arbitrator oath

An applicant must complete and file the court-prescribed oath of office before being placed on the panel.

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

CRITICAL

Applies to

Court document

Court documents must use minor children’s complete names unless a statute or court order prohibits it; initials remain permitted for child victims or witnesses in criminal or juvenile offender proceedings.

The complete names of minor children is necessary for the orderly administration of justice and such complete names shall be used on all court documents except where prohibited by statute or court order. This rule does not prohibit the use of initials to identify child victims or witnesses in criminal or juvenile offender proceedings.

CRITICAL

Applies to

Forms

Mandatory forms must be used.

Mandatory forms shall be used.

CRITICAL

Applies to

Dissolution hearing

If a respondent has defaulted and the requested relief differs from or is more specific than the petition, the requesting party must appear on the civil docket and present supporting testimony.

In those cases, in which the relief requested is different or more specific than the original petition, and the respondent has defaulted, the party requesting relief which varies from the petition must appear on the civil docket and present testimony in support of the request, with a decision to be made by the judge or commissioner.

CRITICAL

Applies to

Confidential position statement

Each party must supply the settlement judge a confidential position statement at least 10 days before the conference, containing the specified case and settlement information; it is not filed or shared with the other party and is kept confidential in chambers until destroyed after the conference.

(5) At least ten (10) days before the settlement conference each party shall supply a confidential position statement to the settlement judge. The statement shall include: (A) A general factual summary of the case (provide copies of the relevant pleadings, including any motions filed to date); (B) Disputed and admitted facts; (C) Description of legal issues, together with authorities; and (D) Description of what you believe would be a fair settlement of the outstanding dispute, and set forth in detail the significant obstacles to a settlement. (E) In domestic relations cases, the party's position, in precise terms, concerning issues of: (i) property; (ii) debts; (iii) maintenance; child support; parenting plan; and any other matters requiring resolution. (6) The confidential position statement is not to be filed with the court clerk nor provided to the other party. The confidential position statements will be kept confidential by the judge/commissioner in chambers and will be destroyed at the conclusion of the settlement conference.

CRITICAL

Applies to

Transcript

The transcript preparer must certify under penalty of perjury that the transcript accurately transcribes the record.

The person preparing the transcript shall certify, under penalty of perjury, that it is an accurate transcription of the record.

CRITICAL

Applies to

Administrative appeal record

For records of administrative appeals, any video-conference or audio tape must have a transcript filed in addition to the recording.

(5) Records in Administrative Appeals. Records of proceedings and exhibits filed as the record in an appeal of any administrative hearing shall be presumed to be exhibits to the file in the superior court. Any video conference tapes or audio tapes shall have a transcript filed in addition to the video or audio tape.

CRITICAL

Applies to

Special award

The arbitrator must file a special award for expenses with the Clerk of the Superior Court.

The arbitrator shall make a special award for such expenses and shall file such award with the Clerk of the Superior Court, with proof of service of a party on each party.

CRITICAL

Applies to

Family law informal trial selection

Parties opting into an informal trial must give the court a physical copy and file the original with the Clerk’s office.

(5) Parties who opt-in for an informal trial will provide a physical copy of their "Family Law Informal Trial Selection to the other party, the court, and file the original with the Clerk's office.

CRITICAL

Applies to

Settlement conference request

The settlement-conference request includes a representation that the case is at issue and a response has been filed, and a commitment to complete the specified trial-setting form if the case does not settle.

I hereby represent to the Court that this case is at issue and a Response to Petition has been filed. If the case is not settled at the Settlement Conference, I will complete a Note for Trial Setting/Certificate of Readiness/Statement of Arbitrability form.

CRITICAL

Applies to

Supporting affidavits

Each party may submit no more than four supporting affidavits, excluding expert-witness affidavits.

Supporting affidavits shall be limited to 4 per party excluding affidavits from expert witnesses.

CRITICAL

Applies to

Motion to revise

A motion to revise must state the issues and reasons for review, include a transcript unless the court waives it for good cause, and designate the record considered by the commissioner.

The motion must include the following: (i) statement of the issue(s) on which review is sought; (ii) A brief statement of why the moving party is seeking revision; (iii) A transcript, prepared by a court-approved transcriptionist (see list of court approved transcriptionists on the court's website), of the hearing before the commissioner, unless waived by the court ex parte (off the record, through the judicial assistant) for good cause shown. When a transcript is waived, the recording of the commissioner's hearing must be provided to the judge and served on any opposing parties; and (iv) A designation of the record (a list of documents, pleadings and exhibits) considered by the commissioner.

CRITICAL

Applies to

Request for trial de novo

A request for trial de novo must be filed with the County Clerk.

A request for trial de novo and shall be filed with the County Clerk.

CRITICAL

Applies to

Motion

A reconsideration motion must be submitted on briefs and affidavits without oral argument unless the trial judge allows argument on an attorney's written application or on the judge's own motion.

A motion for reconsideration shall be submitted on briefs and affidavits only, without oral argument, unless the trial judge, on written application from the attorney or on their motion, allows oral argument.

CRITICAL

Applies to

Note for trial setting

The moving party must provide current phone numbers, mailing addresses, and email addresses for both parties or the case will not be set for trial.

*PLEASE NOTE: IF A CURRENT PHONE NUMBER, MAILING ADDRESS, AND EMAIL ARE NOT PROVIDED BY THE MOVING PARTY FOR BOTH PARTIES, THIS CASE WILL NOT BE SET FOR TRIAL.

CRITICAL

Applies to

Bail reconsideration motion

Thereafter, bail may be reconsidered only by proper written motion and with timely notice to the other party.

Thereafter, bail may be reconsidered only by proper written motion and with timely notice to the other party.

CRITICAL

Applies to

Trial date change request

An objection requesting a trial-date change must use the specified objection form; additional changes may be requested by motion for good cause.

(e) Continuances. (1) Each party is allowed one request for a change of trial date without hearing, if the objection to trial date is made within ten (10) days after date trial is set. Any objection of trial date shall be submitted on Objection to Trial Setting / Statement of Arbitrability form. (Exemplar #2) Additional changes may be allowed for good cause shown upon motion to the Court.

CRITICAL

Applies to

Pre hearing statement

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

In addition to the requirements of MAR 5.2, each party shall also furnish the arbitrator with copies of pleadings and other documents contained in the court file which that party deems relevant.

CRITICAL

Applies to

Remote appearance request

Remote appearance is discretionary and requires the hearing judge’s express approval and a request using the specified form, subject to the stated good-cause and Skamania County fee exceptions.

(2) Authorization for Remote Appearance. (A) Authorization for remote appearance is discretionary with the Court and may be granted upon the following conditions: (i) Express approval is obtained by the Judge who is hearing the motion; (ii) Request using the Request for Remote Appearance (Exemplar #5) is mailed or emailed at least five (5) court days in advance of hearing or trial, unless good cause shown, to the Court Administrator; and (Ill) (SKAMANIA COUNTY ONLY) payment of $25.00 non-refundable administrative fee is received prior to hearing, unless waived by the court.

CRITICAL

Applies to

Support or maintenance worksheets

Before a hearing on support or maintenance, the parties must prepare, serve, and file the applicable RCW 26.19 worksheets.

Prior to hearing an application for any support or maintenance, the parties shall prepare, serve and file applicable worksheets in accordance with RCW 26.19 taking into consideration

CRITICAL

Applies to

Request for appointment of counsel

A defendant seeking appointed counsel must sign a Request for and Order Appointing Legal Counsel.

A defendant requesting appointment of counsel shall be required to sign a Request for and Order Appointing Legal Counsel.

CRITICAL

Applies to

Jury instructions

One original set of proposed instructions, with citations, must be assembled, numbered, and filed with the Clerk.

(1) One original with citations shall be assembled into a set, numbered, and shall be filed with the Clerk;

CRITICAL

Applies to

Response to statement of arbitrability

A party contesting transfer must file and serve a response stating its objections.

Any party contesting a transfer to arbitration shall file and serve, on opposing party and court administrator, a response stating their objections within 10 days of receipt of request to transfer to arbitration.

CRITICAL

Applies to

Financial support documents

When child or spousal support is at issue, both parties must provide the clerk, judge, and other party a Financial Declaration, six months of pay stubs, and two years of tax returns with the specified attachments.

Before trial starts, both parties must prepare and give to the clerk, judge, and the other party: • If child support or spousal support are an issue: a Financial Declaration, the last six months of pay stubs, and your tax returns for the last two years (with schedules, W2, and/or 1099).

CRITICAL

Applies to

Proposed parenting plan

If there are children, both parties must provide the clerk, judge, and other party a proposed parenting plan before trial.

Before trial starts, both parties must prepare and give to the clerk, judge, and the other party: • If there are children, a proposed parenting plan.

CRITICAL

Applies to

Overlength document request

Must include

proposed order

A party seeking to submit an overlength document must present a written ex parte motion and order requesting permission to exceed the page limit.

To submit an overength document, a party must present a written ex parte motion and order requesting to exceed the page limit (Clerk's fees will apply).

CRITICAL

Applies to

Judgment on award

A judgment on award shall be presented on the civil docket, by any party, on notice in accordance with MAR 6.3.

A judgment on award shall be presented on the civil docket, by any party, on notice in accordance with MAR 6.3.

CRITICAL

Applies to

Motion for reimbursement

A party seeking reimbursement must provide a signed authorization order, a reimbursement motion, and an invoice, and must comply with the Court Administrator’s reimbursement protocols.

Party having received authorization to retain an investigator, expert or other services must provide a signed copy of the order approving authorization, along with their motion for reimbursement and invoice. Any party requesting reimbursement shall further comply with any and all protocols established by Court Administrator regarding reimbursement.

CRITICAL

Applies to

Note for trial setting

A party seeking trial of an issue of fact must serve and file a properly completed Note for Trial Setting/Certificate of Readiness/Statement of Arbitrability.

(1) Any party desiring to bring an issue of fact to trial shall serve and file a properly completed Note for Trial Setting/Certificate of Readiness/Statement of Arbitrability. (Exemplar #1)

CRITICAL

Applies to

Proposed findings conclusions

Unless findings are already included in a written opinion or are otherwise unnecessary under CR 52(a)(5), the prevailing party's attorney must prepare proposed findings, conclusions, and the proposed decree, order, or judgment required by CR 54(e).

Unless the judge has included formal findings of fact and conclusions of law in a written opinion or memorandum of decision pursuant to CR 52(a)(4) or they are otherwise unnecessary by reason of CR 52(a)(5), the attorney of record for the prevailing party shall prepare proposed findings of fact and conclusions of law, along with the proposed form of decree, order or judgment as required by CR 54(e).

CRITICAL

Applies to

Settlement notice

When the court is advised of a settlement by email, formal written notice pursuant to CR 41(e) must immediately follow.

To advise the court of a settlement (to be immediately followed by formal written notice pursuant to CR 41(e);

CRITICAL

Applies to

Property and debt list

In divorce cases, both parties must provide the clerk, judge, and other party a list of their property and debts and explain how they propose dividing them.

Before trial starts, both parties must prepare and give to the clerk, judge, and the other party: • If this is a divorce case, a list of everything you and your spouse own and owe and explain how you want the court to divide these properties and debts.

CRITICAL

Applies to

Guardian confidential information sheet

A person appointed as a guardian must complete a confidential information sheet.

(a) Confidential information sheet. Any person appointed as a guardian shall complete a confidential information sheet.

CRITICAL

Applies to

Written objection to trial setting or statement of arbitrability

A party disputing the information or estimates must file and serve a written objection within 10 days of the notice and note it for a hearing.

C. Any party not in agreement with the information or estimates given in the Note for Trial Setting/Certificate of Readiness/Statement of Arbitrability shall file and serve within 10 days of the date of this notice, a written Objection to Trial Setting or the Statement of Arbitrability, and note the matter for a hearing to argue the objection.

CRITICAL

Applies to

Notice setting court dates

At arraignment, the defendant must sign the notice setting court dates and receive a copy.

At arraignment in any criminal action, the court shall advise and provide dates to the defendant for an omnibus hearing, status conference and trial. The defendant shall sign the notice setting court dates and be given a copy of the notice setting court dates.

CRITICAL

Applies to

Child custody habeas application

Child-custody habeas applicants must use only the approved county forms, including the Sealed Source Missing Child Information Declaration.

(c) Forms. Applicants for Writs of Habeas Corpus in Child Custody matters shall use exclusively those forms approved by the Klickitat/Skamania County Superior Court available at either Klickitat County Clerk's Office and/or Skamania County Clerk's Office including the Sealed Source Missing Child Information Declaration.

CRITICAL

Applies to

Final orders

After trial, the judge will assign one party to draft final orders, which must contain all decisions made by the judge.

After trial, the judge will tell one party to draft the final orders. The final, written orders must contain all of the decisions that the judge made after trial.

CRITICAL

Applies to

Statement of arbitrability

Once a response has been filed and the case meets mandatory arbitration guidelines, a party must complete the court-approved Statement of Arbitrability form and request transfer to arbitration.

In every civil case after a response has been filed and at any time thereafter that a case meets Mandatory Arbitration guidelines, a party shall, upon the form approved by the Court, complete a Note for Trial Setting/Certificate of Readiness/Statement of Arbitrability (Exemplar #1), and request that the case be transferred to arbitration.

CRITICAL

Applies to

Status conference affirmation

To avoid the stated status-conference presence requirement, the defendant must affirm in writing the choice to appear through counsel and the required counsel-contact and trial-readiness or approved-continuance information.

Status Conference hearings, unless the defendant affirms in writing (Exemplar #7) (i) that the defendant has expressly chosen to appear through counsel, as allowed by CrR 3.4(a), and (II) that counsel has affirmatively determined, through recent contact with the defendant, that the matter is ready to proceed to trial as scheduled or that a written motion for continuance approved by the defendant has been filed.

CRITICAL

Applies to

Notice setting court dates

The defendant must sign the notice setting court dates and receive a copy of it.

The court shall advise and provide dates to the defendant for an omnibus hearing (if necessary), status conference, trial and any other dates as determined by the court. The defendant shall sign the notice setting court dates and be given a copy of the notice setting court dates.

CRITICAL

Applies to

Order

Orders must be on a pleading separate from the motion, and combined motion-and-order filings will not be accepted.

All orders shall be on a pleading separate from the motion. Combined motion and orders will not be accepted.

CRITICAL

Applies to

Response

The original and one copy of a response to a reconsideration motion must be filed with the Superior Court.

The original and a copy of any response thereto shall be filed with the Superior Court

CRITICAL

Applies to

Motion to revise

No additional affidavits or materials may be filed on a motion to revise, except for a brief memorandum stating the legal issue and the parties' arguments.

(D) No additional affidavits or other materials may be filed other than a brief memorandum setting forth the legal issue and argument of the parties.

CRITICAL

Applies to

Gal grievance complaint

GAL grievance complaints must be written, submitted to the Superior Court Administrator, signed, and include the filer's name and address; they remain confidential until resolved.

(1) Written Complaints. All complaints must be in writing and must be submitted to the Superior Court Administrator. All complaints must bear the signature, name and address of the person filing the complaint. Complaints shall remain confidential until resolved.