Lewis County Superior Court Document Filing Requirements

CRITICAL

Applies to

Order mandating personal appearance

An order requiring a person or party to attend in open court must include the specified warning in capital letters.

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.

CRITICAL

Applies to

Order to transfer to mandatory mediation

A refusal to sign the mediation-transfer order must be noted on that order.

Such refusal to sign shall be noted on the Order to Transfer to Mandatory Mediation.

CRITICAL

Applies to

Expert witness list

The settlement-conference materials include a list of trial experts, their qualifications or C.V.s, and summaries of their anticipated testimony.

(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.

CRITICAL

Applies to

Order of appointment

Every guardianship appointment order must address whether the alleged incapacitated person retains the capacity to meaningfully exercise the right to vote.

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.

CRITICAL

Applies to

Motion for reconsideration materials

Must include

proposed order

Each party must include a proposed order supporting that party’s position with its reconsideration materials.

Each party shall prepare and include in the materials submitted, a proposed order sustaining their respective position on such motion.

CRITICAL

Applies to

Order approving annual report

An order approving an annual report must state the next report's due date and reporting period in substantially the specified form.

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:

CRITICAL

Applies to

Property appraisal or value evidence

The settlement-conference materials include appraisals or equivalent evidence summaries for the specified property; the parties may stipulate to a comparative market analysis for real estate if they do not disagree about its value.

(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.

CRITICAL

Applies to

Special award

The arbitrator must prepare and file a special expense award with the Clerk, accompanied by proof of service 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.

CRITICAL

Applies to

Mediation and trial setting forms

When a response contests custody or visitation, the Petitioner must immediately note the proceeding for mandatory mediation and trial setting using court-prescribed forms.

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.

CRITICAL

Applies to

Order of appointment

The first page of an appointment order must include “CLERK'S ACTION REQUIRED” in the caption beneath the case number.

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.

CRITICAL

Applies to

Business appraisal or valuation

The settlement-conference materials include an appraisal, business evaluation, or evidence summary of value for a party’s proprietorship, partnership, or closely held corporation.

(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.

CRITICAL

Applies to

Retirement account statements

The settlement-conference materials include the specified retirement statements and contribution statements or lists.

(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.

CRITICAL

Applies to

Parenting seminar attendance certificate

Seminar completion must be evidenced by a provider-issued certificate of attendance filed with the Court.

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.

CRITICAL

Applies to

Partnership or corporate tax returns

The settlement-conference materials include the specified partnership or corporate tax returns for the past two years, with schedules and attachments.

(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.

CRITICAL

Applies to

Complaint

A complaint must be written, signed by at least one individual, include that individual’s address and phone number, and be submitted to the Superior Court Administrator.

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.

CRITICAL

Applies to

Motion for revision

A motion for revision must identify each portion of the order for which revision is sought.

The motion must specify each portion of the Order for which revision is sought.

CRITICAL

Applies to

Initial order of appointment

The initial appointment order must state the due dates for the listed filings and schedule the approval hearing in the specified form.

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:

CRITICAL

Applies to

Notice of issue or note for motion docket

A notice of issue or note for the motion docket must be filed and served with the motion and identify the motion, parties, attorneys if any, and argument date and time.

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.

CRITICAL

Applies to

Annual report

Each annual report must begin with a substantially Appendix-formatted summary identifying the reporting period and the next report's filing due date.

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.

CRITICAL

Applies to

Order shortening time

An order shortening time must include a service deadline for the other party or parties.

All orders shortening time shall include a provision for a service deadline upon the other party or parties.

CRITICAL

Applies to

Guardian ad litem response

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.

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.

CRITICAL

Applies to

Lei form

When authorized, the clerk must produce an LEI Form containing only the specified information for the restrained and protected parties.

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;

CRITICAL

Applies to

Statement of arbitrability

The party filing the note for trial assignment must complete a statement of arbitrability on the court-provided form.

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.

CRITICAL

Applies to

Individual or joint tax returns

The settlement-conference materials include complete individual or joint tax returns for the past two calendar years with the listed schedules and income statements.

(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.

CRITICAL

Applies to

Arbitrator information sheet

A person seeking to serve as an arbitrator must complete an information sheet.

A person desiring to serve as an arbitrator shall complete an information sheet on the form prescribed by the court.

CRITICAL

Applies to

Other relevant documents

The settlement-conference materials include other documents a party believes relevant or material to the remaining disputed issues, together with a written explanation of their relevance and materiality.

(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.

CRITICAL

Applies to

Response to statement of arbitrability

A party disagreeing with the statement of arbitrability or wishing to stipulate to arbitration must serve and file a response.

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.

CRITICAL

Applies to

Life insurance statements

The settlement-conference materials include life-insurance statements showing each policy’s cash surrender value and outstanding loans against that value.

(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.

CRITICAL

Applies to

Motion for reconsideration supporting pleadings

Pleadings supporting reconsideration must state the specific grounds and include supporting arguments and authorities.

Such pleadings shall set forth specific grounds for the reconsideration, and the arguments and authorities in support thereof.

CRITICAL

Applies to

Oath of office

An applicant must complete and file the oath of office before being 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.

CRITICAL

Applies to

Certificate of mediation completion

A Certificate of Mediation Completion must be filed by the mediator.

Within seven (7) days of completion, a Certificate of Mediation Completion shall be filed by the mediator.

CRITICAL

Applies to

Mediator results and recommendations

The mediator must advise counsel and the parties of the results and recommendations in a separate document attached to the Certificate of Mediation Completion.

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.

CRITICAL

Applies to

Trial setting form

The trial-setting form must be the standard Notice of Issue available from the Lewis County Clerk’s Office.

The form for trial setting shall be the standard Notice of Issue available in the Lewis County Clerk’s Office.

CRITICAL

Applies to

Debt statements

The settlement-conference materials include the most recent and separation-date statements for the listed debts and obligations.

(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.

CRITICAL

Applies to

Transcript of commissioner oral ruling

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.

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.

CRITICAL

Applies to

Vehicle appraisal guide

The settlement-conference materials include a recent vehicle appraisal guide showing average loan or wholesale and retail values for automobiles.

(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.

CRITICAL

Applies to

Order waiving mediation

An order waiving mediation must be filed with the Court before the case is set for trial.

An Order Waiving Mediation shall be filed with the Court prior to the case being set for trial.

CRITICAL

Applies to

Parenting seminar attendance certificate

A copy of the attendance certificate must be filed with the Clerk of the Court for a major modification of a parenting or residential plan or custody order.

A copy of the attendance certificate shall be filed with the Clerk of the Court.

CRITICAL

Applies to

Order approving report

The guardian must prepare and present any order approving a report.

The guardian shall prepare and present any order approving report.

CRITICAL

Applies to

Order to transfer to mandatory mediation

The mandatory-mediation form must be titled “Order to Transfer to Mandatory Mediation,” substantially follow Appendix A, and be signed by each party’s attorney and each self-represented party before presentation for approval.

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.

CRITICAL

Applies to

Written recommendations

Written recommendations must be filed with the court when the investigation is complete.

Upon completion of the investigation, written recommendations shall be filed with the court.

CRITICAL

Applies to

Proposed parenting plan or placement order

If the dispute concerns a parenting plan, placement, or visitation, the settlement-conference materials include a proposed parenting plan or placement or visitation order.

(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.

CRITICAL

Applies to

Child support worksheets and deviation forms

If child support is disputed in connection with a parenting plan, placement, or visitation, the materials include required-form child support worksheets and any required deviation-determination forms.

(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.

CRITICAL

Applies to

Registry reapplication

People listed on a registry must reapply and provide additional background information each year by January 31.

Persons listed on any registries shall reapply and provide additional background information annually by January 31.

CRITICAL

Applies to

Separate property tracing summary

The settlement-conference materials include a summary tracing the source of property claimed to be a party’s separate property.

(8) A summary of the source and tracing of any property asserted or claimed to be the separate property of any party.

CRITICAL

Applies to

Order approving report

The first page of an order approving a report must include “CLERK'S ACTION REQUIRED” in the caption beneath the case number.

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.

CRITICAL

Applies to

Affidavit or certified statement

A subsequent application based on different facts or law must include an affidavit or certified statement identifying the prior application, its timing and judicial officer, the resulting decision, and the new facts or law claimed.

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.

CRITICAL

Applies to

Notice of issue for settlement conference

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.

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.

CRITICAL

Applies to

Pay stubs

The settlement-conference materials include pay stubs for the longer of the past six months or the period beginning January 1 of the current calendar year.

(3) All pay stubs for the past six months or since January 1 or the current calendar year, whichever period is longer

CRITICAL

Applies to

Protection or antiharassment order request

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.

(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.