Klickitat and Skamania Counties Superior Court Service and Proof of Service Rules

Exhibits for a hearing with an authorized remote participant must be provided to the clerk before the hearing for marking.

(6) Remote Hearings. All exhibits intended to be offered at a hearing in which a party, an attorney or a witness is authorized to appear remotely shall be provided to the clerk prior to the hearing for marking.

Applies to

Anders brief

Attorneys must file proof that the Anders Brief and 30-day response instructions were provided to the appellant; service may be made by any manner reasonably likely to provide notice.

(1) Proof of Service. Attorneys must file proof of service that they provided a copy of the Anders Brief, along with instructions to file any response within 30 days, to the appellant. Service can be effectuated in any manner that is most reasonably likely to provide notice to the appellant.

Applies to

Response to statement of arbitrability

A party contesting transfer must serve its response on the opposing party and court administrator.

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.

Applies to

Statement of arbitrability

The party requesting arbitration must file and serve the Statement of Arbitrability on the opposing party and the court administrator.

The party requesting arbitration shall file and serve a copy of the Statement of Arbitrability on the opposing party and the court administrator.

The party filing the trial-setting note must serve a copy on the court administrator.

(A) The party filing a Note for Trial Setting/Certificate of Readiness/Statement of Arbitrability (Exemplar #1) must serve a copy on the opposing party(s) and court administrator; and

A party seeking revision must serve the Motion for Revision within ten days after entry of the written order.

A party seeking revision of a Court Commissioner's ruling shall, within ten days of entry of the written order, file and serve a Motion for Revision.

Deadline

5 court days

Any party opposing a motion shall file the original responsive papers in opposition to a motion, serve copies on parties and deliver any working copies to the judge no later than 10:00 a.m. five (5) court days before the date the motion is to be heard.

Any party opposing a motion shall file the original responsive papers in opposition to a motion, serve copies on parties and deliver any working copies to the judge no later than 10:00 a.m. five (5) court days before the date the motion is to be heard.

Deadline

10 court days

The moving party must serve all motion papers at least ten court days before the date the party wants the motion considered.

The moving party shall serve and file all motion papers no later than ten (10) court days before the date the party wishes the motion to be considered.

When filing a motion to revise, deliver a copy to Superior Court Administration and the opposing party or their attorney at the same time.

The motion must be filed within ten (10) calendar days of the commissioner's order and a copy delivered to Superior Court Administration, the opposing party and /or their attorney at the time of filing.

Deadline

2 court days

Copies of strict-reply papers must be served on the parties by 10:00 a.m. two court days before the hearing.

Any papers in strict reply shall be filed, copies served on parties, and any working copies delivered to the hearing judge no later than 10:00 a.m. two (2) court days before the date the motion is heard.

Applies to

Anders brief

When filing an Anders Brief, an attorney must provide the appellant a copy with instructions that the appellant has 30 days to raise any issues.

(a) Anders Briefs. Upon filing of an Anders Brief, attorneys must provide a copy of their filed Anders Brief to the appellant (their client) with instructions that they have 30 days to raise any issues that they client may deem appropriate to raise in context of their appeal.

The prosecutor must serve the defendant or defense counsel with a brief description of the statements within seven days after the specified omnibus hearing, or within two court days of learning of later-discovered statements.

Within seven days after the Omnibus hearing where a 3.5 hearing is requested by the State (or if the Prosecutor learns of the statements of the accused to be offered at trial more than seven days after the omnibus hearing, then within two (2) court days of learning of statements they intend to offer), the Prosecutor must serve on the defendant (or if represented, the defendant's attorney) and file with the Court a brief description of the defendant's statements(s) the Prosecutor intends to offer in evidence.

The applicable support or maintenance worksheets must be served before the hearing.

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

Applies to

Special award

The special award must be filed with proof that it was served on each party.

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.

Copies of offered exhibits, except large maps or drawings, must be prepared and presented to opposing counsel, self-represented parties, and the judge when offered, unless previously provided by agreement.

(2) Copies. Copies of all documents offered as exhibits, except large maps or drawings, shall be prepared and presented to opposing counsel, any selt-represented parties and to the judge at such time as the exhibits are offered into evidence (unless previously provided based upon agreement of the parties); provided that, with the permission of the other party, the judge's and opposing party's courtesy copies may be provided before or at the commencement of the trial.

Before the hearing, the exhibit must be provided to all parties and to any witness who will testify about it.

The exhibit also must be provided to all parties and any witness that will be testifying regarding the exhibit prior to the hearing.

Applies to

Trial brief

(d) Trials. Trial briefs are strongly encouraged and shall be filed and served three days or more before trial; the original to be filed, one copy for the Judge to be served on the appropriate Court Administrator and one copy served on opposing counsel.

(d) Trials. Trial briefs are strongly encouraged and shall be filed and served three days or more before trial; the original to be filed, one copy for the Judge to be served on the appropriate Court Administrator and one copy served on opposing counsel.

Parties opting into an informal trial must provide a physical copy of the selection to the other party and the court, 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.

The defendant must serve the motion to suppress and supporting memorandum on the Prosecuting Attorney at least 10 court days before the hearing, unless the court orders otherwise.

The defendant shall file and serve upon the Prosecuting Attorney a Motion to Suppress and Memorandum of Authorities in support of the motion at least ten (10) court days prior to the hearings on the motion, unless otherwise ordered by the court. A response to the Memorandum shall be filed and served at least five (5) court days before the hearing and a reply to the response shall be filed and served at least two (2) court days prior to the hearing, unless otherwise ordered by the court.

The responding party must provide copies of the response to all other parties and the Court Administrator.

The responding party shall have five court days from the receipt of the motion to file a written response with the Clerk and provide copies to all other parties and to the Court Administrator.

At filing, a copy of the reconsideration motion must be delivered to Court Administration and the opposing party or their attorney.

The original, of such motion, which must be made within the time limits set forth in CR 59, shall be filed with the Superior Court Clerk's Office and a copy delivered to Court Administration, the opposing party and/or their attorney at the time of filing.

The filing party must serve the note on the opposing party and court administrator and file proof of service on the opposing party.

(A) The party filing a Note for Trial Setting/Certificate of Readiness/Statement of Arbitrability (Exemplar #1) must serve a copy on the opposing party(s) and court administrator; and (B) Proof of service on the opposing party shall be filed.

Copies of the motion and supporting documents must be provided to all other parties and the Court Administrator.

A copy of the motion and all supporting documents shall be provided to all other parties to the proceedings and to the Court Administrator who shall refer the motion to the appropriate Judge for consideration.

A party disputing the information or estimates must serve the written objection within 10 days of the notice.

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.

A party seeking later bail reconsideration must give timely notice to the other party.

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

A party who disagrees with the information or estimates must serve the objection form within 10 days after the notice.

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

The moving party must serve a transcript copy on all opposing parties and provide a copy to the Court Administrator.

Five court days after the responding party files their written response, the moving party shall file a transcript of the hearing before the commissioner, serve a copy on all opposing parties, and provide a copy to the Court Administrator who shall forward it to the judge deciding the motion.

If the court waives the transcript requirement, provide the hearing recording to the judge and serve it on opposing parties.

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

Proof of service on the parties must accompany the filed arbitration award.

(a) Form. The award shall be prepared on an Arbitration Award form approved by the Court and filed with the County Clerk, along with proof of service on the parties.

A copy of the filed original jury instructions with citations must be served on opposing counsel.

(2) One copy of the originals with citations that is filed with the court shall be served on opposing counsel;