Lewis County Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion, Memorandum, Response, Reply, Supporting Document
- On the Day Filed
Reconsideration Motions
- 1 copy
- 1 copy • Within 10 Days After Entry of Judgment or Order
Transcript
- 1 copy • At Least 4 Days Before Hearing
Communication
Clerk
Page & Word Limits1 rule
For family law, paternity, and non-parental custody motions, supporting declarations and affidavits, including reply materials, and responsive declarations and affidavits are each limited to 20 pages in total; specified materials are excluded, and a party may seek prior approval to exceed the limit for good cause.
- Supporting declaration or affidavit
- Up to 20 pages in total
- Responsive declaration or affidavit
- Up to 20 pages in total
- Family law motions
- Paternity motions
- Non-parental custody motions
Court's wording
(A) Generally. Absent prior approval from the court as set forth in (G), all declarations and affidavits from a party, and any non-expert witnesses, in support of a motion, including any reply, shall be limited to a sum total of twenty (20) pages. All declarations and affidavits submitted in response to a motion shall be limited to a sum total of twenty (20) pages. (B) Application. This rule shall apply to all family law, paternity, and non-parental custody motions. No portion of this rule shall be construed to permit multiple motions noted for the same day and docket to avoid the page limit. (C) Exhibits. Exhibits that consist of declaration or affidavits shall count toward the above page limits. If parties and attorneys quote only the relevant parts of the emails, journals or depositions in a declaration, and attach the full version of the email, journal or deposition as an exhibit for context, the full version of the email, journal or deposition will not count against the page limit, if labeled as such for that limited purpose. All other exhibits attached to a declaration or affidavit shall be counted toward the page limit. (D) Financial Declarations. Financial declarations and financial documents shall not count toward the page limit. (E) Expert Report and Evaluations. Declarations, affidavits, or reports from Guardian Ad Litems and expert witnesses shall not count toward the page limit. (F) Miscellaneous Exceptions. Copies of declarations or affidavits previously filed in a motion previously ruled upon and supplied solely as a convenience to the court in lieu of the court file shall not count toward the page limit. (G) Authorization. Upon motion of a party and for good cause shown, a party may seek authorization to exceed the page limit may do so on the ex parte calendar without notice to opposing counsel or a self-represented party.
Document Format Requirements10 rules
Motion affidavits and declarations must be based on personal knowledge, contain admissible facts, establish the affiant’s or declarant’s competence, and exclude argument, comment, and nonexpert opinion.
- Affidavit
- Declaration
Formatting
- •They must set forth only facts that would be admissible in evidence
Court's wording
Affidavits and declarations in support of or in opposition to any motion or part thereof shall be made only on personal knowledge, shall set forth only such facts as would be admissible in evidence, and shall show affirmatively that the affiant or declarant is competent to testify to the specific matters set forth therein. Argument, comment, and nonexpert opinion shall be excluded from affidavits and declarations.
Motions, responses, and replies must be written, typewritten or hand printed, on letter-size paper with numbered left margins, and double-spaced.
- Line spacing
- Double
- Paper size
- Letter
- Motion
- Response
- Reply
Formatting
- •The document must be in writing and typewritten or hand printed
Court's wording
2. Form. All motions and responses or replies thereto shall be in writing, shall be typewritten, or hand printed and shall be presented on paper 8-1/2 by 11 inches in size, on paper containing a vertical line of numbers at the left margin, and shall be double spaced.
Handwritten cursive pleadings require an attached typed or hand-printed version, and the court will not consider a handwritten or cursive pleading without one.
Court's wording
No pleadings shall be filed or presented which are hand written in cursive form, unless a typed or hand printed version of such pleading is attached to such pleading. The court shall not consider any hand written or cursive pleading without such a typed or hand printed version attached, for any purpose.
The statement of arbitrability must use the form provided by the court.
- Statement of arbitrability
Formatting
- •Use the form provided by the court
Court's wording
In every civil case the party filing the note for trial assignment shall upon the form provided by the court, complete a statement of arbitrability, and serve it upon opposing counsel or party, if not represented by counsel.
The response must use the form prescribed by the court.
- Response to statement of arbitrability
Formatting
- •Use the form prescribed by the court
Court's wording
Prior to the trial-setting date, any party disagreeing with the statement of arbitrability or willing to stipulate to arbitration shall serve and file a response to the statement or arbitrability as filed, upon the form prescribed by the court.
The oath of office on the form prescribed by the court must be completed and filed prior to an applicant being placed on the panel.
- Oath of office
Formatting
- •Use the form prescribed by the court
A person desiring to serve as an arbitrator shall complete an information sheet on the form prescribed by the court.
- Arbitrator information sheet
Formatting
- •Use the form prescribed by the court
(a) Form. The award shall be prepared on the form prescribed by the court.
The settlement conference statement shall be in such form as required by the court and shall be available from the Court Administrator in electronic format or hard copy.
THE FOLLOWING INFORMATION SHALL BE EITHER PRINTED OR TYPED:
Document Filing Requirements57 rules
The motion must specify each portion of the Order for which revision is sought.
The moving party must obtain the transcript at their expense and it must be prepared by an Official Court Reporter, except when the matter was decided by letter decision or no oral decision was rendered.
Court's wording
The moving party shall obtain the transcript at their expense. A copy of the transcript shall, at least four days before the hearing, also be served upon the other parties and a bench copy furnished to the Judge who will hear the motion. A transcript will not be required if the matter was decided by letter decision, or if no oral decision was rendered. The transcript shall be prepared by an Official Court Reporter.
A notice of issue or note for the motion docket identifying the nature of the motion, names of the parties, the names of the attorneys if any, and the date and time for argument on the motion shall be filed and served with the motion.
All orders shortening time shall include a provision for a service deadline upon the other party or parties.
An order requiring a person or party to attend in open court must include the specified warning in capital letters.
Court's wording
3. Required Provisions in Orders Mandating Personal Appearance. In all proceedings wherein an order is to be issued requiring or mandating the personal attendance of a person or a party in open court, the order shall include the following words in capital letters: YOUR FAILURE TO APPEAR AS ABOVE SET FORTH AT THE TIME, DATE AND PLACE STATED MAY CAUSE THE COURT TO ISSUE A BENCH WARRANT FOR YOUR APPREHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE MATTER CAN BE HEARD OR UNTIL BAIL IS POSTED.
If a subsequent application is made upon a different statement of facts or law, it shall be shown by affidavit or certified statement what application was made, when and to what Judge or Commissioner, what order or decision was made thereon; and what new facts or law are claimed to be shown.
Each party shall prepare and include in the materials submitted, a proposed order sustaining their respective position on such motion.
- Document
- Motion for reconsideration materials
Must include
- •Proposed order
Such pleadings shall set forth specific grounds for the reconsideration, and the arguments and authorities in support thereof.
In type 2, 3, and 5 cases, a party seeking a protection or antiharassment order under the specified chapters must complete and submit an LEI Form, and the court may decline to issue the order without it.
Court's wording
(1) When Law Enforcement Information Form Required. In type 2, 3 and 5 cases, a party seeking the issuance of a protection or antiharassment order under chapter 26.50 RCW or chapter 10.14 RCW must fill out a Law Enforcement Information (LEI) Form and submit it to the Court. The Court shall notify the party of this rule and may decline to issue the order in the absence of the LEI Form.
When authorized, the clerk must produce an LEI Form containing only the specified information for the restrained and protected parties.
Court's wording
When authorized herein, a Court clerk shall access court records (including confidential records per GR 22(h)(1)(a)) and produce an LEI Form containing only the following: (i) For the restrained party: the name, sex, address, race, and at least one numerical identifier (birthdate, FBI number, social security number, or driver’s license number); and (ii) For the protected party: the name, address, and either birthdate or social security number;
All complaints shall be in writing, signed by at least one individual with their address and phone number, and shall be submitted to the Superior Court Administrator.
The complaint process requires a written response from the guardian ad litem, and the Committee must provide the guardian ad litem with a copy of the original complaint.
Court's wording
C. Make a finding that the complaint does appear to have merit and request a written response from the guardian ad litem within ten (10) business day, detailing the specific issues in the complaint to which the committee desires a response. The Committee shall provide the guardian ad litem with a copy of the original complaint.
Persons listed on any registries shall reapply and provide additional background information annually by January 31.
Successful completion of the seminar shall be evidenced by a certificate of attendance provided by the person or agency providing the seminar and filed with the Court.
A copy of the attendance certificate shall be filed with the Clerk of the Court.
Except for the specified temporary-orders motion, parties may not continue to seek affirmative relief until the seminar is completed and a copy of the attendance certificate is filed with the Clerk.
Court's wording
Other than one motion made by either party for temporary orders that is filed within sixty (60) days of the filing of a petition requesting a parenting plan, residential plan or custody order, neither Petitioner nor Respondent shall be allowed to continue to seek affirmative relief in the pending action or any subsequent action between the same parties until the seminar has been successfully completed and a copy of the attendance certificate is filed with the Clerk of the Court.
Such refusal to sign shall be noted on the Order to Transfer to Mandatory Mediation.
Upon the filing of a Response to the Petition which contests child custody or visitation, making the proceeding subject to these rules, the Petitioner shall immediately note the proceeding for mandatory mediation and trial setting on forms prescribed by the Court.
The form for trial setting shall be the standard Notice of Issue available in the Lewis County Clerk’s Office.
An Order Waiving Mediation shall be filed with the Court prior to the case being set for trial.
The form for mandatory mediation shall be entitled “Order to Transfer to Mandatory Mediation”, shall be substantially in the form in Appendix A to these rules, and shall be signed by the attorney for each party and each party appearing pro se prior to presentation to the Court for approval.
Within seven (7) days of completion, a Certificate of Mediation Completion shall be filed by the mediator.
Counsel and the parties shall be advised by the mediator, on a separate document attached to the Certificate of Mediation Completion, of the results and recommendations of the mediator.
Upon completion of the investigation, written recommendations shall be filed with the court.
The party filing the note for trial assignment must complete a statement of arbitrability on the court-provided form.
Court's wording
In every civil case the party filing the note for trial assignment shall upon the form provided by the court, complete a statement of arbitrability, and serve it upon opposing counsel or party, if not represented by counsel.
A party disagreeing with the statement of arbitrability or wishing to stipulate to arbitration must serve and file a response.
Court's wording
Prior to the trial-setting date, any party disagreeing with the statement of arbitrability or willing to stipulate to arbitration shall serve and file a response to the statement or arbitrability as filed, upon the form prescribed by the court.
A person desiring to serve as an arbitrator shall complete an information sheet on the form prescribed by the court.
The oath of office on the form prescribed by the court must be completed and filed prior to an applicant being placed on the panel.
The arbitrator shall make a special award for such expenses and shall file such award with the Clerk of the Court, with proof of service on each party.
The moving party must file a notice of issue, certify that responses are filed and required mediation has been attended or waived, and note the matter on the assignment calendar.
Court's wording
To obtain a date for a settlement conference, the moving party must file a notice of issue for a settlement conference and certify that the respondent and all other interested parties have filed responses to the petition or complaint, that mediation as required has been attended or waived by the court, and note the matter on the Court Administrator’s assignment calendar.
(11) A list of expert witnesses to be called at trial, a summary of their qualifications or C.V. as well as a summary of their anticipated testimony.
(6) A written appraisal or its equivalent for any and all real property and all personal property of special, unusual or extraordinary value, or a detailed summary of the evidence to be relied upon as to the value of such items. The parties may stipulate to a comparative market analysis for any real estate, provided there is no disagreement as to the value of the real property.
(10) A written appraisal or business evaluation of any proprietorship, partnership or closely held corporation of any party, or a summary of the evidence to be relied upon as to value of the same.
The settlement-conference materials include the specified retirement statements and contribution statements or lists.
Court's wording
(5) The most recent employers’ ERISA or other retirement statement, together with a statement of contributions since the date of that statement of any pension or retirement plan of any party, the most recent statement together with a list of contributions since the date of that statement for any IRA, SEP, deferred compensation account or other defined contribution “retirement” account.
The settlement-conference materials include the specified partnership or corporate tax returns for the past two years, with schedules and attachments.
Court's wording
(2) Complete partnership and/or corporate tax returns for the past two years, including all schedules and attachments for any entity by whom any of the parties may be employed as an officer or director, be a member of or in which any party has an interest of 5% or more of the capital stock.
(1) Complete individual (or joint) tax returns for the past two calendar years with all schedules, IRS form 1099’s, W-2’s, and similar statements of income.
(12) Any other documents which any party believes to be relevant or material to the issues remaining in dispute between the parties, together with a written explanation of the relevance and materiality of the documents.
(9) A statement from each life insurance company issuing a policy of the insurance on the life of any party showing the cash surrender value of the policy and any outstanding loans against its cash value.
The settlement-conference materials include the most recent and separation-date statements for the listed debts and obligations.
Court's wording
(4) Copies of the most recent statement and copies of the statements current as of the date of separation of balances due upon any mortgages, real estate purchase or sale contracts, deeds of trust and the underlying obligation secured by them, installment purchases contracts, time payment agreements or accounts, credit card accounts and all other debt owed by or to the parties.
(7) The most recent NADA Official Used Car Guide or other similar vehicle appraisal guide showing both average loan or wholesale and retail values for any automobiles.
(8) A summary of the source and tracing of any property asserted or claimed to be the separate property of any party.
(3) All pay stubs for the past six months or since January 1 or the current calendar year, whichever period is longer
(13) If the issues in dispute concern a parenting plan or order of placement of or for visitation with any child, a copy of a proposed parenting plan or order for such placement or visitation.
(F) Other issues and Documents. If child support is an issue of a dispute pertaining to a parenting plan, order of placement or visitation for a child, proposed child support worksheets in the form required, together with any required forms for determination of a deviation from the scheduled amount of child support.
Pursuant to RCW 11.88.010(5), all orders of appointment of guardian shall address whether the alleged incapacitated person retains capacity to meaningfully excise the right to vote.
The Order of Appointment shall contain the language "CLERK'S ACTION REQUIRED" in the caption beneath the case number on the first page of the order.
- Document
- Order of appointment
- Placement
- Caption
The initial appointment order must state the due dates for the listed filings and schedule the approval hearing in the specified form.
Court's wording
The initial Order of Appointment of a Guardian shall clearly specify the due date for filing the Inventory, Budget, Personal Care Plan and the first Annual Report, and shall schedule the hearing for approval of the Inventory, Budget, and Personal Care Plan in conformity with subsection (d) at the top of the Order in substantially the following form:
Each annual report must begin with a substantially Appendix-formatted summary identifying the reporting period and the next report's filing due date.
Court's wording
Each annual report shall begin with a Summary of Annual Report substantially in the form included in the Appendix to these Rules. The Summary shall clearly identify the reporting period covered by the report and the due date for filing the next annual report.
The order approving an annual report shall identify the due date for the next report and the reporting period to be covered by that report in substantially the following form:
The guardian shall prepare and present any order approving report.
The Order Approving Report shall contain the language "CLERK'S ACTION REQUIRED" in the caption beneath the case number on the first page of the order.
- Document
- Order approving report
- Placement
- Caption
Except in consolidated cases, no documents shall be filed with more than one case number, unless sufficient copies are simultaneously provided for each case. Where there are multiple case numbers and no copies provided, the clerk shall place the documents only in the first case number designated.
If, when filling out an LEI Form, a party or clerk does not know and cannot practically obtain information required therein, the party or clerk shall write “Unknown” in the blank.
The Committee’s request to the guardian ad litem must be written and identify the issues on which the Committee seeks a response.
Court's wording
Upon receipt of a written response to a complaint from the guardian ad litem, the Complaint Review Committee shall, within ten (10) business days, make a finding s to each of the issues delineated in the Committee’s written request to the guardian ad litem that based on the response, there is either no merit to the issue, or that there is merit to the issue.
The complaint and the guardian ad litem shall be notified in writing of the Committee’s decision within ten (10) business days of the entry of the Committee’s findings and decision being signed.
Each person requesting to be listed on any Guardian ad Litem registry shall annually submit an application on the current form provided by the Court and maintained by the
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.
Filing & Service rules
Filing Timing and Cure Windows
The moving party must file a transcript of the Commissioner’s oral ruling at least four days before the hearing.
At least four days prior to the hearing on the motion, the moving party shall file a transcript of the oral ruling of the Commissioner.
Page 5 | LCR 2(b): Transcript Required
The revision form must designate a hearing date no later than 30 days after the motion is filed.
The revision form shall designate a hearing date no later than 30 days after the filing of the motion.
Page 5 | LCR 2(a): Revision by Motion and Notice
A motion for revision must be noted so it is considered and determined within 30 days of filing; absent extraordinary circumstances, a motion not heard within that period is abandoned, stricken, and the commissioner’s ruling is affirmed.
A party filing a motion for revision of a ruling of a Court Commissioner shall note the motion for argument before the presiding judge such that, within 30 days of filing, the matter shall be considered and determined. Absent extraordinary circumstances, any motion for revision not heard within 30 days of filing shall be considered abandoned, stricken by the court and the commissioner’s ruling affirmed.
Page 5 | LCR 2: Motions for Revision of Commissioner Rulings
A motion for revision must be filed with the Clerk of the Court within 10 days after entry of the order or judgment.
Revision shall be initiated by filing a motion with the Clerk of the Court within 10 days after entry of the order or judgment as provided in RCW 2.24.050.
Page 5 | LCR 2(a): Revision by Motion and Notice
A motion must be filed no later than eight court days before argument, with the stated 5:00 p.m. examples; motions requiring longer notice must follow the applicable rule or statute.
Notwithstanding any provision of CR 6(d) to the contrary, a party filing any motion shall serve and file such motion no later than eight (8) court days prior to the date noted for argument on the motion; e.g., by Tuesday 5:00 p.m. of the preceding week for a Friday docket; by 5:00 p.m. on the Friday of the preceding week (8 court days before the Wednesday docket.) Motions requiring a longer period of notice pursuant to court rule or statute shall be filed as required by the applicable court rule or statute.
Page 6 | LCR 5(A): Filing and Scheduling of Motions
All motions must be confirmed for argument through the Clerk’s Office by noon two court days before the scheduled argument.
All motions shall be confirmed for argument through the Clerk's Office by 12:00 noon two court days prior to the scheduled argument.
Page 6 | LCR 3(A)(4): Motion Dockets
Reply documents must be filed by noon two court days before the motion argument, and no additional documents may be filed after that deadline.
All reply documents to the response documents as provided for in part B of this rule shall be filed and served on all parties no later than 12:00 noon two court days prior to the date set for argument on the motion, e.g., by noon Wednesday for a Friday docket; by noon Monday for a Wednesday docket. No additional documents shall be filed or served after that date and time.
Page 7 | C. Reply to Response Documents
Responsive documents must be filed and served on all parties by noon three court days before the scheduled motion argument.
Any party opposing a motion, or any part thereof shall file all original responsive documents and serve copies upon all parties no later than 12:00 noon three court days prior to the scheduled date for argument on the motion; e.g., by noon Tuesday for a Friday docket; by noon on the Friday preceding the week of the Wednesday docket.
Page 7 | B. Response Documents
A motion for reconsideration and its supporting papers must be filed and served within 10 days after entry of the judgment or order, with a copy delivered to the judge or commissioner who made the ruling.
Motions for reconsideration of rulings and all pleadings and documents in support thereof, must be filed and served on opposing counsel, or the opposing party, if unrepresented, and a copy delivered to the Judge or Commissioner making the ruling, within ten (10) days after entry of the judgment or order.
Page 9 | Motions for Reconsideration
The opposing party may file and serve opposition papers within 10 days after receiving the motion.
The opposing party may, within ten (10) days after receipt of the motion, file and serve on the moving party, and the Judge or Commissioner making the ruling, pleadings and documents in opposition.
Page 9 | Motions for Reconsideration
If the attorney does not provide the completed form within one judicial day, the clerk must use the expedited procedure.
If the attorney does not provide the form within one (1) judicial day, the clerk shall employ the expedited procedure in subsection (2)(c).
Page 11 | Procedure When Form Omitted
The guardian ad litem must respond within ten business days; failure to do so results in immediate suspension from all registries.
A guardian ad litem’s failure to respond within the required ten (10) business days shall result in the immediate suspension of the guardian ad litem from all registries.
Page 13 | LRGAL 1.3(C)
Within ten business days after receiving the guardian ad litem’s written response, the Committee must make a merits finding on each issue in its written request.
Upon receipt of a written response to a complaint from the guardian ad litem, the Complaint Review Committee shall, within ten (10) business days, make a finding s to each of the issues delineated in the Committee’s written request to the guardian ad litem that based on the response, there is either no merit to the issue, or that there is merit to the issue.
Page 13 | LRGAL 1.4
A complaint must be resolved within twenty-five days after receipt if a case is pending.
Complaint shall be resolved within twenty five (25) days of the date of receipt of the written complaint if a case is pending.
Page 14 | LRGAL 1.6(A)
A complaint filed after the case concludes must be resolved within sixty days after receipt.
Complaints shall be resolved within sixty (60) days of the date or receipt of the written complaint if the complaint is filed subsequent to the conclusion of the case.
Page 14 | LRGAL 1.6(B)
Complaints must be filed within three years of the complained-of occurrence; later complaints lack cause to proceed, whether filed during or after the case.
Complaints filed under this rule must be filed within three (3) years from the date of the occurrence of the matters complained of. The Committee shall find complaints filed after this time not to have cause to proceed. This limitation applies to all complaints, whether filed during the pendency or after the conclusion of a case.
Page 14 | LRGAL 1.6(D)
The complaint and the guardian ad litem must be notified in writing of the Committee’s decision within ten business days after the findings and decision are signed.
The complaint and the guardian ad litem shall be notified in writing of the Committee’s decision within ten (10) business days of the entry of the Committee’s findings and decision being signed.
Page 14 | LRGAL 1.6(C)
Registry reapplications and additional background information are due annually by January 31.
Persons listed on any registries shall reapply and provide additional background information annually by January 31.
Page 16 | LRGAL 2.1: GENERAL POLICY
A party may make one motion for temporary orders within 60 days after filing the specified petition as an exception to the restriction on seeking affirmative relief before completing the seminar.
Other than one motion made by either party for temporary orders that is filed within sixty (60) days of the filing of a petition requesting a parenting plan, residential plan or custody order,
Page 21 | LMPSR 5.1: FAILURE TO COMPLY/SANCTIONS
The mediator must file a Certificate of Mediation Completion within seven days after mediation is completed.
Within seven (7) days of completion, a Certificate of Mediation Completion shall be filed by the mediator.
Page 23 | LMMR 9: DECLARATION OF COMPLETION
A party who misses the prescribed time to serve and file an original response may do so later only with leave of court.
A party failing to serve and file an original response within the time prescribed may do so later only upon leave of court.
Page 25 | LMAR 2.1: TRANSFER TO ARBITRATION
The response must be served and filed before the trial-setting date.
Prior to the trial-setting date, any party disagreeing with the statement of arbitrability or willing to stipulate to arbitration shall serve and file a response to the statement or arbitrability as filed, upon the form prescribed by the court.
Page 25 | LMAR 2.1: TRANSFER TO ARBITRATION
A party may amend the statement or response before an arbitrator or trial date is assigned; afterward, amendment requires leave of court for good cause.
A party may amend the statement of arbitrability or response thereto at any time prior to assignment of an arbitrator or assignment of a trial date and thereafter only by leave of court for good cause shown.
Page 25 | LMAR 2.1: TRANSFER TO ARBITRATION
The oath of office must be completed and filed before the applicant 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 applicant being placed on the panel.
Page 26 | LMAR 3.1: QUALIFICATIONS
An aggrieved party has 10 days after the expense award to appeal it under RCW 2.24.050.
The aggrieved party shall have 10 days thereafter to appeal the award of such expense in accordance with the procedures described in RCW 2.24.050.
Page 27 | LMAR 3.2: AUTHORITY OF ARBITRATORS
If no party appeals within 10 days after the expense award is filed, judgment must be entered under MAR 6.3.
If within 10 days after the award is filed no party appeals, a judgment shall be entered in a manner described generally under MAR 6.3.
Page 27 | LMAR 3.2: AUTHORITY OF ARBITRATORS
The notice of issue must be filed at least seven court days before the scheduled assignment date.
The notice of issue must be filed and served at least seven (7) court days prior to the date scheduled for the assignment to be made.
Page 30 | LMSCR 1: SETTLEMENT CONFERENCES IN FAMILY LAW CASES
The hearing to review the Inventory, Budget, and Personal Care Plan must be scheduled within 14 days after the reports are due.
A hearing for the Court to review the Inventory, Budget and Personal Care Plan shall be scheduled to occur within 14 days after the due date of the reports.
Page 33 | LSPR 98.05(d)(2): Court Hearing
The hearing to review the first annual report must be scheduled within 14 days after that report is due.
A hearing for the Court to review the first annual report shall be scheduled to occur within 14 days after the due date of the report.
Page 33 | LSPR 98.05(e)(3): Court Hearing
Proof that a required bond was secured or account withdrawals were blocked must be filed within five days of that event.
Within five (5) days of securing a required bond or of blocking withdrawals from an account, proof of the same shall be filed with the court.
Page 33 | LSPR 98.05(c): Proof of Security
The Inventory, Budget, and Personal Care Plan must be filed within 90 days of the guardian's appointment.
The Inventory, Budget and Personal Care Plan for an incapacitated person shall be filed within 90 days from the date of appointment of a Guardian.
Page 33 | LSPR 98.05(d)(1): Due Dates
Each annual report must be filed within 90 days after its reporting period ends.
Each annual report shall be filed within 90 days after the ending date of the reporting period.
Page 33 | LSPR 98.05(e)(1): Reporting Period and Due Date
The guardian must file an Annual Report each year unless the court approves a different interval in advance.
The Guardian shall file an Annual Report on behalf of the incapacitated person annually, unless other intervals are approved in advance by the Court.
Page 33 | LSPR 98.05(e)(1): Reporting Period and Due Date
During further examination, the Committee may extend the time for findings, but the extension may not exceed thirty days beyond its determination that an issue has merit.
The Committee may extend the time for entering findings of fact during such examination, provided however, that no such extension shall exceed thirty (30) days, beyond the date the Committee determines that there is merit to any issue.
Page 14 | LRGAL 1.4
A guardian ad litem may request a hearing within five business days after receiving notice of suspension or removal.
A guardian ad litem may, within five (5) business days of receipt of notification that he or she have been suspended or removed from a registry, request a hearing to review the Committee’s decision.
Page 15 | LRGAL 1.8: REQUEST FOR RECONSIDERATION BY GUARDIAN AD LITEM
The hearing must be conducted within twenty days after the request is received.
Said hearing shall be conducted within twenty (20) days of receipt of a request for the hearing.
Page 15 | LRGAL 1.8: REQUEST FOR RECONSIDERATION BY GUARDIAN AD LITEM
After settlement-conference statements are served, parties are encouraged to negotiate and exchange documents; a party may file and serve a supplemental statement before the conference if its analysis or proposal has changed after reviewing another party’s statement.
(G) Negotiations Prior to Settlement Conference. After settlement conference statements are served, the parties are encouraged to negotiate and exchange additional documents. Any party may file and serve supplemental settlement conference statements prior to the scheduled settlement conference if the party’s analysis or proposal to resolve the issues has changed after reviewing another party’s settlement conference statement.
Page 32 | LOCAL MANDATORY SETTLEMENT CONFERENCE RULES (LMSCR)
Unless a court order modifies it, each annual report's reporting period is determined from the guardian's appointment date.
Unless modified by court order, the reporting period for each annual report shall be determined from the date of appointment of the Guardian.
Page 33 | LSPR 98.05(e)(1): Reporting Period and Due Date
The same review procedure applies to later annual reports unless the court waives it.
This same procedure shall be followed for annual reports following the first annual report unless waived by the court.
Page 34 | LSPR 98.05(e)(3): Court Hearing
Review hearings must be scheduled on the Friday guardianship calendar.
Review hearings shall be scheduled on the Friday guardianship calendar.
Page 34 | LSPR 98.05(f)(2): Hearing Schedule
If no ruling has been made 20 days after the reconsideration motion has been submitted and served, either party may certify to the judge or commissioner that the matter is ready for a ruling.
Twenty days after a motion for reconsideration has been submitted and served upon the parties or their counsel as provided for in this rule, and no ruling has been made, either party may submit to the Judge or Commissioner a certification that the matter is ready for a ruling on the motion for reconsideration.
Page 9 | Motions for Reconsideration
If the person's capacity to exercise the right to vote becomes questionable after appointment, the issue may be raised by motion at any time.
If the incapacitated person’s capacity deteriorates after appointment of a guardian, such that the capacity to exercise the right to vote is in question, this issue may be raised by motion at any time.
Page 33 | LSPR 98.05(b): Voting Rights
Service and Proof of Service Rules
A copy of the transcript must be served on the other parties at least four days before the hearing.
A copy of the transcript shall, at least four days before the hearing, also be served upon the other parties
Page 5 | LCR 2(b): Transcript Required
A copy of the motion for revision must be served on the other parties or their counsel within 10 days after entry of the order or judgment and at least five court days before the hearing.
A copy of the motion for revision shall be served upon the other parties, or their counsel, if represented, within 10 days after the entry of the order or judgment and at least five court days before the hearing date.
Page 5 | LCR 2(a): Revision by Motion and Notice
A motion must be served no later than eight court days before argument, subject to any longer notice period required by a court rule or statute.
Notwithstanding any provision of CR 6(d) to the contrary, a party filing any motion shall serve and file such motion no later than eight (8) court days prior to the date noted for argument on the motion; e.g., by Tuesday 5:00 p.m. of the preceding week for a Friday docket; by 5:00 p.m. on the Friday of the preceding week (8 court days before the Wednesday docket.) Motions requiring a longer period of notice pursuant to court rule or statute shall be filed as required by the applicable court rule or statute.
Page 6 | LCR 5(A): Filing and Scheduling of Motions
Reply documents must be served on all parties by noon two court days before the motion argument, and no additional documents may be served after that deadline.
All reply documents to the response documents as provided for in part B of this rule shall be filed and served on all parties no later than 12:00 noon two court days prior to the date set for argument on the motion, e.g., by noon Wednesday for a Friday docket; by noon Monday for a Wednesday docket. No additional documents shall be filed or served after that date and time.
Page 7 | C. Reply to Response Documents
The notice of issue or note for the motion docket must be served with the motion.
A notice of issue or note for the motion docket identifying the nature of the motion, names of the parties, the names of the attorneys if any, and the date and time for argument on the motion shall be filed and served with the motion.
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Copies of responsive documents must be served on all parties by noon three court days before the scheduled motion argument.
Any party opposing a motion, or any part thereof shall file all original responsive documents and serve copies upon all parties no later than 12:00 noon three court days prior to the scheduled date for argument on the motion; e.g., by noon Tuesday for a Friday docket; by noon on the Friday preceding the week of the Wednesday docket.
Page 7 | B. Response Documents
The moving party must serve reconsideration papers on opposing counsel or, if unrepresented, the opposing party.
Motions for reconsideration of rulings and all pleadings and documents in support thereof, must be filed and served on opposing counsel, or the opposing party, if unrepresented, and a copy delivered to the Judge or Commissioner making the ruling, within ten (10) days after entry of the judgment or order.
Page 9 | Motions for Reconsideration
Opposition papers may be served on the moving party within 10 days after receipt of the motion.
The opposing party may, within ten (10) days after receipt of the motion, file and serve on the moving party, and the Judge or Commissioner making the ruling, pleadings and documents in opposition.
Page 9 | Motions for Reconsideration
The statement of arbitrability must be served on opposing counsel or, if the opposing party is unrepresented, on that party.
In every civil case the party filing the note for trial assignment shall upon the form provided by the court, complete a statement of arbitrability, and serve it upon opposing counsel or party, if not represented by counsel.
Page 25 | LMAR 2.1: TRANSFER TO ARBITRATION
The response to the statement of arbitrability must be served.
Prior to the trial-setting date, any party disagreeing with the statement of arbitrability or willing to stipulate to arbitration shall serve and file a response to the statement or arbitrability as filed, upon the form prescribed by the court.
Page 25 | LMAR 2.1: TRANSFER TO ARBITRATION
The special expense award must be accompanied by 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 Court, with proof of service on each party.
Page 27 | LMAR 3.2: AUTHORITY OF ARBITRATORS
The notice of issue must be served at least seven court days before the scheduled assignment date.
The notice of issue must be filed and served at least seven (7) court days prior to the date scheduled for the assignment to be made.
Page 30 | LMSCR 1: SETTLEMENT CONFERENCES IN FAMILY LAW CASES
The parties or counsel must deliver the settlement conference statement to the court and opposing parties no later than 14 days before the conference.
The parties or their counsel shall deliver to the court and any opposing parties a settlement conference statement no later than fourteen (14) days prior to the settlement conference date.
Page 30 | LMSCR 1: SETTLEMENT CONFERENCES IN FAMILY LAW CASES
Service by mail requires an additional three days’ notice.
An additional three days notice shall be required if service is by mail.
Page 5 | LCR 2(a): Revision by Motion and Notice
The arbitrator must notify the parties of any extension granted.
The arbitrator shall give the parties notice of any extension granted.
Page 28 | LMAR 6.2: FILING OF AWARD
A party may submit proposals to another party to resolve remaining disputed issues up to the date of trial.
(I) Proceedings after Settlement Conference. If the parties do not reach a complete settlement of all issues in dispute, the matter shall proceed to trial as to the issues remaining in dispute. Any party may submit to any other party proposals for resolution of the remaining issues in dispute up the date of trial.
Page 32 | LOCAL MANDATORY SETTLEMENT CONFERENCE RULES (LMSCR)
A party may serve a supplemental settlement-conference statement before the scheduled conference if its analysis or proposal has changed after reviewing another party’s statement.
(G) Negotiations Prior to Settlement Conference. After settlement conference statements are served, the parties are encouraged to negotiate and exchange additional documents. Any party may file and serve supplemental settlement conference statements prior to the scheduled settlement conference if the party’s analysis or proposal to resolve the issues has changed after reviewing another party’s settlement conference statement.
Page 32 | LOCAL MANDATORY SETTLEMENT CONFERENCE RULES (LMSCR)
Filing Fees and Waivers
The notified person must be charged a $50 fee for the expedited procedure, but an unnotified person may not be charged, and a charged person may seek a hardship or good-cause waiver.
If a clerk employs the expedited procedure in subsection (2)(c), it shall charge the notified person a fee of fifty (50) dollars. See RCW 36.18.016(24). Persons who were not notified may not be charged. Any person so charged may apply to the Court for waiver of the fee on grounds of hardship or good cause for the failure to supply the LEI Form in a timely manner.
Page 11 | Fee for Expedited Procedure
The Court Administrator may impose an application processing fee
The Court Administrator may impose an application processing fee
Page 16 | LRGAL 2.1: GENERAL POLICY
The Court Administrator may charge a fee for any training program.
may charge a fee for any and all training programs.
Page 16 | LRGAL 2.1: GENERAL POLICY
Courtesy Copy Requirements
A bench copy of the transcript must be furnished to the judge who will hear the motion.
a bench copy furnished to the Judge who will hear the motion.
Page 5 | LCR 2(b): Transcript Required
Bench copies of motion papers and supporting documents must be delivered to the assigned Judge or Court Commissioner on the filing day and identify that judicial officer and the hearing date.
Bench copies of all motions, memoranda, responses and or replies, and all documents supporting such motions, responses or replies shall be delivered to the Judge or Court Commissioner who is to consider the motion, on the day they are filed. The name of the Judge or Court Commissioner and the date of the hearing for the matter shall be designated on the bench copies.
Page 7 | D. Bench Copies
The opposing party may, within ten (10) days after receipt of the motion, file and serve on the moving party, and the Judge or Commissioner making the ruling, pleadings and documents in opposition.
The opposing party may, within ten (10) days after receipt of the motion, file and serve on the moving party, and the Judge or Commissioner making the ruling, pleadings and documents in opposition.
Page 9 | Motions for Reconsideration
One copy of the reconsideration papers must be delivered to the judge or commissioner who made the ruling within 10 days after entry of the judgment or order.
Motions for reconsideration of rulings and all pleadings and documents in support thereof, must be filed and served on opposing counsel, or the opposing party, if unrepresented, and a copy delivered to the Judge or Commissioner making the ruling, within ten (10) days after entry of the judgment or order.
Page 9 | Motions for Reconsideration
Sealing & Redaction Procedures
The court may seal unsuitable material; if sealed, it may be inspected only by court order, except by the parties or their attorneys of record.
The court may order that the unsuitable material be sealed, in which event it shall be available for inspection only by order of the court, except to the parties or their attorneys of record.
Page 11 | LCR 79: Books and Records Kept by Clerk; Rejection of Unsuitable Materials
Records of complaints the Committee finds lack merit are confidential and may not be disclosed except by court order.
Any record of complaints filed which are not deemed by the committee to have merit shall be confidential and shall not be disclosed except by court order.
Page 14 | LRGAL 1.5(B)
A complaint is confidential for all purposes unless the Committee determines that it has merit under LCRGAL 1.3 C.
A complaint shall be deemed confidential for all purposes unless the Committee has determined that it has merit under LCRGAL 1.3 C.
Page 14 | LRGAL 1.5(A)
Filing Bundling Requirements
All documents supporting a motion must be filed and served together with the motion.
All documents supporting the motion shall be filed and served with the motion.
Page 6 | LCR 5(A): Filing and Scheduling of Motions
Pre-Motion Conference Requirements
Motions must be scheduled for the appropriate Wednesday or Friday Motion Docket and heard by the Motion Judge or Court Commissioner unless other arrangements are made with the Court Administrator; hearings exclude live testimony, and argument may be time-limited.
Unless other arrangements are made with the Court Administrator, all motions shall be scheduled for the appropriate Wednesday or Friday Motion Docket and heard by the Motion Judge or by the Court Commissioner. Unless other arrangements are made with the Court Administrator, hearings on any motion shall not include live testimony and argument may be limited in time.
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Oral argument or a motion-calendar hearing on reconsideration may be scheduled only if ordered by the judge or commissioner handling the motion.
Oral argument on a motion for reconsideration shall be scheduled only if so ordered by the Judge or Commissioner to whom the motion is submitted. In no case shall a motion for reconsideration be noted for hearing on the motion calendar unless ordered by the Judge or Commissioner to whom the matter has been submitted.
Page 9 | Motions for Reconsideration
Adjournment & Extension Requirements
Once assigned, a settlement conference date may be changed or continued only by the court and only for good cause shown.
Once a date for settlement conference has been assigned, the date may be changed or continued only by the court for good cause shown.
Page 30 | LMSCR 1: SETTLEMENT CONFERENCES IN FAMILY LAW CASES
An arbitrator may present an ex parte request to the Presiding Judge for an extension of the award-filing time under MAR 6.2.
A request by an arbitrator for an extension of time for the filing of an award under MAR 6.2 may be presented to the Presiding Judge, ex parte.
Page 28 | LMAR 6.2: FILING OF AWARD
The arbitrator may grant a continuance without obtaining a court order.
The arbitrator may grant a continuance without court order.
Page 28 | LMAR 5.1: NOTICE OF HEARING-TIME AND PLACE-CONTINUANCE
Parties may stipulate to a continuance only if the arbitrator gives permission.
The parties may stipulate to a continuance only with the permission of the arbitrator.
Page 28 | LMAR 5.1: NOTICE OF HEARING-TIME AND PLACE-CONTINUANCE
If the parties wish to continue discussing issues, the court may continue the settlement conference if warranted and time is available.
(H) Completion. At the conclusion of the settlement conference, if the parties reach a settlement, the court shall schedule a hearing for presentment of final orders. If the parties desire to continue discussing the issues, the court may schedule a continuance of the settlement conference if warranted and time is available.
Page 32 | LOCAL MANDATORY SETTLEMENT CONFERENCE RULES (LMSCR)
Chambers Communication Rules
Motion confirmations must be made by emailing the clerk at the listed address.
Confirmations shall be made by e-mailing the clerk at confirmations@lewiscountywa.gov .
Page 6 | LCR 3(A)(4): Motion Dockets
The clerk must promptly notify the moving party’s attorney to submit a completed LEI Form.
A clerk of this Court shall promptly notify the moving party’s attorney that he or she must submit a completed LEI Form.
Page 11 | Procedure When Form Omitted
Whenever there is presented to the clerk for filing in a cause, any paper or other material that is deemed by the clerk to be improper or inappropriate for filing, the clerk shall affix his/her file mark thereto and may forthwith orally apply to the court for a determination of the propriety of filing the material presented.
Whenever there is presented to the clerk for filing in a cause, any paper or other material that is deemed by the clerk to be improper or inappropriate for filing, the clerk shall affix his/her file mark thereto and may forthwith orally apply to the court for a determination of the propriety of filing the material presented.
Page 11 | LCR 79: Books and Records Kept by Clerk; Rejection of Unsuitable Materials
The arbitrator must give the arbitration department reasonable notice of the hearing date and any continuance.
The arbitrator shall give reasonable notice of the hearing date and any continuance to the arbitration department.
Page 28 | LMAR 5.1: NOTICE OF HEARING-TIME AND PLACE-CONTINUANCE
For a pro se moving party, the clerk may give notice or immediately use the expedited procedure without notice.
If the moving party is pro se, the Clerk may notify him or her or may immediately employ the expedited procedure in subsection (2)(c) without notice.
Page 11 | Procedure When Form Omitted