Mason County Superior Court Service and Proof of Service Rules

Applies to

Complaint

An ongoing-case guardian ad litem complaint must be properly served under the court rules.

must be properly served

Applies to

Motion to quash ex parte restraining order

A party seeking to quash an ex parte restraining order entered without notice must give notice in the same manner required of the original moving party.

Notice shall be required in the same manner as it applies to a moving party described in Section (ii), above.

A copy of the Mediation Report must be provided to the court administrator’s office.

A copy of the Mediation Report shall be provided to the court administrator’s office.

Deadline

3 court days

In all trials in family law matters, each party shall file and serve on the opposing party and the court by 9:00 a.m. three court days prior to the trial, a written Family Law Information Form.

In all trials in family law matters, each party shall file and serve on the opposing party and the court by 9:00 a.m. three court days prior to the trial, a written Family Law Information Form.

Parties must deliver the mediation statement or information form to the mediator and opposing parties, and to the State if it is a party, at least five working days before mediation.

In family law actions, all parties shall prepare and deliver a Family Law Mediation Statement or Family Law Information Form to the mediator, opposing parties, and the State of Washington, if the State is a party, no later than five working days prior to the mediation.

Applies to

Request for trial de novo

A copy of a Request for Trial de Novo must also be provided to the Arbitration Supervisor, in addition to the service and filing required by SCCAR 7.1.

(a) Service and Filing. In addition to the provision for service and filing in SCCAR 7.1, a copy of the Request for Trial de Novo shall be provided to the Arbitration Supervisor.

A party seeking to exceed page limits must notify the opposing party; notice may be given by telephone if necessary.

The party asking to exceed page limits shall give notice to the opposing party. If necessary, notice may be by telephone.

Service

Personal service

Unless the court authorizes otherwise, the listed contempt papers must be personally served on an unrepresented responding party or, if represented, on the attorney.

(b) Personal Service. Unless otherwise authorized by the court, the Order to Show Cause, motion, affidavits and declarations must be personally served upon the responding party if not represented by an attorney. If the responding party is represented by an attorney, then only personal service on the attorney is required.

Applies to

Spreadsheet

The spreadsheet must be filed, served on all parties, and submitted to the court in electronic form.

The spreadsheet shall be filed and served on all parties and also shall be submitted to the court in electronic form.

Applies to

Response to statement of arbitrability

A Response to the Statement of Arbitrability must be served when filed.

Any party disagreeing with the Statement of Arbitrability shall, within ten (10) days after the Statement of Arbitrability has been served, file and serve a Response to the Statement of Arbitrability on the form prescribed by the Court.

A represented party moving for summary judgment against a pro se party must serve the prescribed notice and a copy of CR 56.

Any represented party moving for summary judgment against a party proceeding pro se at the time the summary judgment motion was filed shall serve and file as a notice entitled “What is a Summary Judgment Motion? Notice for Parties Who Do Not Have a Lawyer” with the papers in support of the motion. This notice shall be on a form approved by the court and available on the court’s website. The represented party shall also serve a copy of CR 56.

Deadline

2 court days

Reply documents must be served before noon two court days before the motion calendar.

2.3 All reply documents must be filed and served before noon, two court days preceding the motion calendar day.

Deadline

6 court days

Motions, briefs, and supporting documents must be served before 4:30 p.m. six court days before the motion calendar.

2.1 Motions, briefs, and all supporting documents must be filed and served before 4:30 p.m. six court days before the motion calendar day.

A motion for revision must be served within ten days after the commissioner’s order or judgment is entered and in the manner required by applicable rules.

A motion for revision must be filed and served within ten days after the commissioner’s order or judgment is entered (RCW 2.24.050) and must be served in the manner required by all other applicable rules.

Applies to

Special award

The special award must be served on each party, and proof of service must be filed with the award.

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.

For emergency temporary restraining orders, the moving party must notify opposing counsel or an unrepresented opposing party; telephone notice is permitted if necessary, and notice is excused only if a sworn declaration clearly shows that giving notice would cause immediate injury, loss, or damage.

This section applies to motions for temporary restraining orders (also known as Ex Parte Restraining Orders) entered on an emergency basis to prevent immediate injury, loss or damage. See also CR 65. This local rule does not apply to protection orders entered under Chapter 7.105 RCW. (ii) Notice of Motion. The party asking for an Ex Parte Restraining Order (the moving party) shall give notice to the attorney for the opposing party, whether the attorney has appeared either formally or informally. If unrepresented, notice shall be given to the opposing party. If necessary, notice may be by telephone. The moving party or attorney shall certify to the court in writing the efforts which have been made to give notice to the opposing party. Such notice is required in all cases unless the moving party clearly shows by sworn declaration that immediate injury, loss or damage will result if notice is given.

Deadline

3 court days

Responding documents must be served before noon three court days before the motion calendar.

2.2 All responding documents must be filed and served before noon three court days before the motion calendar.

Applies to

Civil mediation statement

In civil actions, all parties must deliver the Civil Mediation Statement to the mediator and opposing parties no later than five working days before mediation.

In civil actions, all parties shall prepare and deliver a Civil Mediation Statement to the mediator and opposing parties, no later than five working days prior to the mediation.

Applies to

Statement of arbitrability

A Statement of Arbitrability must be served when filed.

When any party determines that the case is ready for trial and that the case is subject to mandatory arbitration, such party shall file and serve a Statement of Arbitrability on the form prescribed by the Court.