Pacific and Wahkiakum Counties Superior Court Document Filing Requirements

CRITICAL

Applies to

Bench copy

Must include

case number

A bench copy’s first page must show the proceeding’s date and time, the assigned judicial officer’s name if known, and the cause number.

Bench copies must indicate on the top of the first page of the document the current date and time set for the proceeding, the name of the assigned judicial officer, if known, and the cause number.

CRITICAL

Applies to

Minor guardianship action

When filing the action, the petitioner must obtain an order directing DCYF to release information as provided by the cited statutes.

When the action is filed, the petitioner(s) shall see and obtain an order directing the Department of Children, Youth and Families to release information as provided under RCW 13.50.100 and RCW 11.130.210.

CRITICAL

Applies to

Notice of digital exhibit declaration

A digital exhibit requires a contemporaneously filed Notice of Digital Exhibit Declaration describing the exhibit type, its size or length if applicable, and an offer of proof explaining its contents and relevance.

No digital exhibit will be accepted without a contemporaneous filing of a Notice of Digital Exhibit Declaration. The Notice of Digital Exhibit Declaration shall contain a description of the type of digital exhibit, its size or length if applicable, an offer of proof explaining the contents and relevance of the digital exhibit.

CRITICAL

Applies to

Handout

The handout for service must include this rule and information describing the program, including contact information, telephone numbers, and addresses.

2. Service on Parties. The Clerk shall prepare a handout including a copy of this Rule, and a statement outlining the program with contact information and address and a copy of the handout to the initiating party for service upon all parties against whom relief is sought, together with a statement describing the program, including contact telephone numbers and addresses.

CRITICAL

Applies to

Jury instructions

2. One copy unnumbered with citations filed as proposed with the Clerk.

2. One copy unnumbered with citations filed as proposed with the Clerk.

CRITICAL

Applies to

Default divorce

In Wahkiakum County, the court may sign a default divorce, domestic partnership dissolution, or legal separation without a final hearing or oral testimony if the petitioner provides proper proof of service, the respondent does not respond, and the decree grants the relief requested in the petition.

B. DEFAULT DIVORCES (Wahkiakum County Only). The court may sign a Dissolution of Marriage or Domestic Partnership or Legal Separation by default without a final hearing or oral testimony if: 1. The Petitioner provides proper proof of service; 2. The Respondent does not file a Response; and 3. The relief granted in the decree is the same as that requested in the petition.

CRITICAL

Applies to

Remote appearance request

A remote-appearance request form must provide details of the hearing and the reasons for the request.

Details of the hearing and reason(s) for the request to appear remotely must be provided on the request form.

CRITICAL

Applies to

Grievance

A grievance must be filed in writing by a case party with the Court Administrator and include the specified identifying, case, complaint, and requested-remedy information.

Only a party to a case may file a grievance against a Guardian Ad Litem. The grievance must be in writing and filed with the Court Administrator. The complaint must state with specificity the act or failure to act of concern to the complaining party and shall include the following information: 1. The name, mailing address, telephone number, and e-mail address (if any) of the person filing the grievance; 2. The case number and case name; 3. The name of the Judge or Judge Pro Tem hearing the case; 4. The trial date; 5. Whether the party filing the grievance has discussed the complaint with the Guardian Ad Litem; 6. What action the Guardian Ad Litem has taken to address the complaint; 7. Which provision of the Order Appointing Guardian Ad Litem or these rules has the party filing the grievance claim that the Guardian Ad Litem has violated; 8. A brief, concise statement of the specific facts underlying each alleged violation and 9. What the party filing the grievance is requesting be done to correct the problem complained of, and why.

CRITICAL

Applies to

Request for trial setting

The original Request for Trial Setting must be filed with the Clerk, and a copy must be sent to Court Administration.

File the original Request for Trial Setting with the Clerk and send a copy to Court Administration.

CRITICAL

Applies to

Jis request form

Before any request for a temporary order, the petitioner must file a JIS request form and provide the specified parties’ names and dates of birth; a copy must also be provided to Court Administration.

Before any request for a temporary order, including emergency order(s) under RCW11.130.215, the petitioner(s) shall file a JIS request form with the Clerk under seal, and provide a copy to court Administration, providing the names and dates of birth under of the following parties: (1) petitioner(s); (2) any others residing in the petitioner(s)’s home; (3) minor’s parent(s); (4) any adult residing in the parent(s)’s homes; (5) proposed guardian(s); and (6) any adult residing in the proposed guardian(s)’s home.

CRITICAL

Applies to

Notice and motion

When the county guarantees payment in a Title 11 RCW case, the Guardian Ad Litem must file the court-prescribed notice and motion with an itemized fees-and-costs statement.

For Title 11 RCW cases where the county guarantees payment of the Guardian Ad Litem fees and costs, the Guardian Ad Litem shall file with the court a notice and motion in the form prescribed by the court with an itemized statement for payment of the Guardian Ad Litem fees and costs and provide a copy of same to each party.

CRITICAL

Applies to

Notice of hearing

A hearing notice must comply with RCW 11.130.275.

Notice of hearing must comply with RCW 11.130.275.

CRITICAL

Applies to

Motion

Must include

proposed order

When the county guarantees payment in a Title 13 or Title 26 RCW case, a Guardian Ad Litem not serving under an annual county contract must file a motion and proposed order with an itemized fees-and-costs statement.

For Title 13 RCW and Title 26 RCW cases where the county guarantees payment of the Guardian Ad Litem fees and costs, the Guardian Ad Litem, if not serving under an annual contract for services with the county, shall file with the court a motion and proposed order with an itemized statement for payment of said fees and costs.

CRITICAL

Applies to

Agreed divorce

In Wahkiakum County, the court may sign an agreed divorce, domestic partnership dissolution, or legal separation without a final hearing or oral testimony if both parties execute approved pattern-form pleadings and sign all final orders and the notarized Verification of the Findings of Fact.

A. AGREED DIVORCES (Wahkiakum County Only). The court may sign an agreed Dissolution of Marriage (divorce), of Domestic Partnership, or Legal Separation without a final hearing or oral testimony if: 1. Both parties have executed approved pattern-form pleadings, and 2. Both parties have signed all final orders and a Verification of the Findings of Fact (Attachment E) with their signatures on the verification notarized.

CRITICAL

Applies to

Financial declaration

Financial declarations on the mandatory state form must be submitted during trial for requests or responses concerning financial relief.

Financial Declarations on the mandatory state form must be submitted during the trial when any request is made for financial relief, including but not limited to issues of attorney fees, GAL fees, spousal support, child support, and any response to such request.

CRITICAL

Applies to

Reports and accountings

Must include

proposed order

Interim, periodic, and final reports and accountings filed with the Clerk must include a proposed order.

All interim, periodic, and final reports and accountings must be filed with the Clerk along with a proposed order and a Judge’s copy of the filed documents.

CRITICAL

Applies to

Notice

When a scheduled trial is settled, will not proceed, or jury trial is waived, attorneys must immediately file written notice with the Clerk.

Whenever a cause which has been set for trial is settled or will not be tried for any reason, or if jury trial is waived, the attorneys shall immediately file written notice with the Clerk and the Clerk shall provide a copy of the notice to the Court Administrator (if counsel did not already provide notice).

CRITICAL

Applies to

Minor guardianship action

When filing the action, the petitioner must file the Washington State Patrol criminal-history report results and promptly serve them on all persons entitled to notice under RCW 11.130.

When the action is filed, the petitioner(s) shall file the results of a Washington State Patrol criminal history report as required by RCW 11.130.210 and then promptly serve the results on all persons entitled to notice under RCW 11.130.

CRITICAL

Applies to

Financial declaration

Both parties must file financial declarations when requesting or responding to GAL or attorney-fee requests or motions seeking financial relief.

Both parties must file financial declarations on the mandatory state form: 1. When requesting or responding to a GAL or attorney fees request. 2. When requesting or responding to any motion requesting financial relief.

CRITICAL

Applies to

Final testimony

Final testimony is required in final divorce, legal separation, and invalidity-of-marriage actions, subject to stated exceptions; it may be given by notarized affidavit or declaration under penalty of perjury containing the same information as oral testimony.

Except as otherwise provided in LGR 1(G) or LFLCR 8, final divorces, legal separations, or invalidity of marriage actions require final testimony to be given. Such testimony may be given by notarized affidavit or declaration under penalty of perjury containing the same information as would be given by oral testimony.

CRITICAL

Applies to

Proposed child support worksheets

Proposed Child Support Worksheets on the mandatory state form must be submitted as a trial exhibit for a child-support request or response.

Proposed Child Support Worksheets on the mandatory state form must be submitted as an exhibit during trial when any request or response to such request is made for child support.

CRITICAL

Applies to

Omnibus application

The parties may submit an agreed Omnibus order; if they do not, each party must prepare and submit an Omnibus Application substantially in the form outlined in the Criminal Rules for Superior Court by the time set for the Omnibus Hearing.

The parties may submit an agreed order on Omnibus. If an agreed order will not be submitted, each party shall prepare and submit an Omnibus Application substantially in the form outlined in Criminal Rules for Superior Court at/or before the time set for the Omnibus Hearing.

CRITICAL

Applies to

Omnibus hearing checklist

Counsel must submit a completed Omnibus Hearing checklist at the first Pretrial Hearing.

Counsel shall submit a completed Omnibus Hearing checklist at the first Pretrial Hearing.

CRITICAL

Applies to

Grievance file

The grievance file must contain the original grievance, the Guardian Ad Litem’s response, and the written initial and final dispositions, and the Court Administrator must keep it for at least six years.

The confidential file of the grievance shall include the original grievance, the Guardian Ad Litem's response, and the written initial and final dispositions of the matter. The Court Administrator shall maintain it for no less than six years.

CRITICAL

Applies to

Conservator report

Every conservator report must contain a statement of compliance with the Internal Revenue Code.

All conservator reports must contain a statement of compliance with the Internal Revenue Code.

CRITICAL

Applies to

Time sheet

Guardians, Guardian Ad Litem, and attorneys must provide time sheets to assist the court in fixing fees.

Time sheets of guardians, Guardian Ad Litem (whether county paid or privately paid), and attorneys are required to assist the court in fixing fees.

CRITICAL

Applies to

Trial setting response

The opposing party must file a form indicating available dates for trial and settlement conference before the noted hearing.

The opposing party must serve and file a similar form (Attachment A), indicating their available dates for trial and settlement conference, before the noted hearing date.

CRITICAL

Applies to

Minor guardianship action

A minor guardianship action must be commenced by filing the listed documents, except when the matter was converted from an RCW 26.10 matter.

Filing a Summons, Petition, Confidential Information Form, Case Type Cover Sheet, Supplemental Declaration, and Coversheet for a JIS Background Check shall commence all minor guardianship actions. This requirement does not apply to matters converted from RCW 26.10 matters.

CRITICAL

Applies to

Invoice

In private-pay cases, the Guardian Ad Litem must either send the parties an invoice with an itemized statement or submit a notice, motion, and itemized statement to the court for a payment judgment and order.

For private pay cases, the Guardian Ad Litem shall either submit an invoice and itemized statement to the parties for payment or submit a notice, motion, and itemized statement to the court for entry of a judgment and order for payment of fees.

CRITICAL

Applies to

Final minor guardianship order

A party requesting a final minor guardianship order must ensure a current JIS background check is on file; the court may decline to enter the order if the check is more than 30 days old.

Any party requesting entry of a final minor guardianship order shall ensure a current JIS background check on file; the court may decline to enter final orders if a JIS background check is more than 30 days old.

CRITICAL

Applies to

State form

For paternity cases where the state guarantees payment, the Guardian Ad Litem must complete the state form, attach an itemized statement, and submit them to the specified prosecutor's office.

For paternity cases where the state guarantees payment of the Guardian Ad Litem fees and costs, the Guardian Ad Litem shall complete the form provided by the state and attach an itemized statement and submit same to the Grays Harbor County Deputy Prosecuting Attorney for the Office of Support Enforcement within sixty days of entry of final orders.

CRITICAL

Applies to

Final orders involving dependent children

For divorces involving dependent children in Wahkiakum County, both parties must sign all final orders, or the petitioner must provide proof of service of the applicable child-support order, worksheet, and parenting plan and declare under penalty of perjury that the proposed final orders match those served.

C. DIVORCES WITH CHILDREN (Wahkiakum County Only). Both parties must sign all final orders involving dependent children, or the Petitioner must also provide proof that he or she has served the Respondent with any applicable order of child support, child support worksheet, and parenting plan, and the Petitioner has declared under penalty of perjury that the final orders the Petitioner has presented to the court for signature are the same as the Petitioner served on the Respondent.

CRITICAL

Applies to

Objection to minor guardianship

A person objecting to a guardian appointment must promptly file a completed Objection to Minor Guardianship, GDN M 301.

Any person entitled to notice under RCW 11.130 who objects to the appointment of a guardian shall promptly file and serve on all other persons entitled to notice with a completed “Objection to Minor Guardianship,” GDN M 301.

CRITICAL

Applies to

Proposed parenting plan or residential schedule

A proposed Parenting Plan or Residential Schedule on the mandatory state form must be submitted as a trial exhibit for a request or response concerning either.

A Proposed Parenting Plan or Residential Schedule on the mandatory state form must be submitted as an exhibit during trial when any request is made for a Parenting Plan or Residential Schedule, or any Response to such request.

CRITICAL

Applies to

Itemized statement

A party may request an itemized statement of fees and costs during an active case, and the Guardian Ad Litem must provide it within ten working days.

At any time during an active case, any party may request an itemized statement from the Guardian Ad Litem of the fees and costs incurred to date, which the Guardian Ad Litem shall provide within ten working days.

CRITICAL

Applies to

Accounting

Every accounting must list the opening balance, receipts, disbursements, and ending balance.

All accountings must list the opening balance, receipts, disbursements, and ending balance.

CRITICAL

Applies to

Digital exhibit

The party seeking admission must bring a complete copy of the digital exhibit to the hearing on a USB flash drive or similar digital storage device.

The party seeking the admission of a digital exhibit shall bring a true and complete copy of the digital exhibit to the applicable hearing on a USB flash drive or similar digital storage device.

CRITICAL

Applies to

Final order

A final order approving a residential or parenting plan requires proof that the parents or legal guardians completed the program, unless the court orders otherwise.

3. Mandatory. Each party that files an appearance in a proceeding of the types described above in Section 1(a) shall complete the program unless exempted by the court. No final order approving any residential or parenting plan shall be entered without proof of completion of such education program by the parents or legal guardians unless otherwise ordered by the court.

CRITICAL

Applies to

Omnibus hearing checklist

The parties must submit an Omnibus Hearing Checklist at the Pretrial/Omnibus checklist hearing.

The parties must submit an “Omnibus Hearing Checklist” at the Pretrial/Omnibus checklist hearing.

CRITICAL

Applies to

Request for trial setting

The Request for Trial Setting must state the requested trial length, whether the trial is jury or non-jury, counsel’s available trial dates, and the names and addresses of everyone entitled to notice.

This notice must include: a. The number of days requested for the trial. b. Whether the trial is jury or non-jury c. A list of counsel’s available dates for trial. d. A list of names and addresses of all persons entitled to notice.

WARNING

Applies to

Jury instructions

The parties must furnish Washington Pattern Instructions.

Washington Pattern Instructions shall be furnished by the parties.

WARNING

Applies to

Jury instructions

Any modifications to pattern instructions must be identified on the annotated copies.

Any modifications to the pattern instructions shall be noted on the annotated copies.