Lewis County Superior Court Service and Proof of Service Rules

CRITICAL

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.

CRITICAL

Deadline

2 court days

Applies to

Reply documents

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.

CRITICAL

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.

CRITICAL

Applies to

Notice of issue or note for motion docket

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.

CRITICAL

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

CRITICAL

Applies to

Statement of arbitrability

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.

CRITICAL

Applies to

Notice of issue for settlement conference

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.

CRITICAL

Deadline

3 court days

Applies to

Responsive documents

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.

CRITICAL

Applies to

Settlement conference statement

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.

CRITICAL

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.

CRITICAL

Applies to

Response to statement of arbitrability

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.

CRITICAL

Deadline

8 court days

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.

CRITICAL

Deadline

5 court days

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.

WARNING

The arbitrator must notify the parties of any extension granted.

The arbitrator shall give the parties notice of any extension granted.

WARNING

Service

Mail

Service by mail requires an additional three days’ notice.

An additional three days notice shall be required if service is by mail.

WARNING

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.

WARNING

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.