Pacific and Wahkiakum Counties Superior Court Service and Proof of Service Rules

CRITICAL

The original written disposition or transcript of an oral disposition must be placed in the grievance file, and copies of a written disposition must be forwarded to the complaining party and Guardian Ad Litem.

The original copy of a written disposition or a transcript of an oral disposition shall be placed in the grievance file, with copies of the written disposition being forwarded to the complaining party and the Guardian Ad Litem.

CRITICAL

The Prosecuting Attorney must promptly provide the defendant or defense counsel a copy of the charging documents.

The Prosecuting Attorney shall promptly provide the defendant or defense counsel with a copy of the Information or other charging documents.

CRITICAL

Applies to

Request for trial setting

The moving party must serve all parties with a Request for Trial Setting.

The moving party must serve all parties with a Request for Trial Setting, substantially in the form provided in Attachment A.

CRITICAL

Applies to

Trial setting response

The opposing party must serve and file a similar Attachment A form stating 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

The Clerk must give the initiating party a copy of the rule and a mediation pamphlet for service on all parties against whom relief is sought.

A. SERVICE ON PARTIES. The Clerk of the court shall provide a copy of this Rule to the initiating party for service upon all parties against whom relief is sought, together with a pamphlet describing mediation, including contact telephone numbers and addresses.

CRITICAL

Proof of service of final orders involving dependent children may be deemed proper with written proof of personal service or written proof that the orders were mailed to the respondent’s address for notice of further proceedings.

Proof of service of final orders involving dependent children may be deemed proper if there is written proof on file that the Respondent was personally served with the same, or if there is written proof on file that the same were mailed to the address at which the Respondent provided for notice of further proceedings in the matter.

CRITICAL

Applies to

Digital exhibit

The party seeking admission must serve the opposing party with complete copies of the digital exhibit and its notice declaration and file a certificate of service.

The party seeking admission of digital exhibits(s) shall be responsible for serving the opposing party with a true and complete copy of the digital exhibit as well as a copy of the Notice of Digital Exhibit Declaration as required by law. The party shall file a certificate of service with the court.

CRITICAL

The Court Administrator must send a copy of a post-conclusion grievance to the affected Guardian Ad Litem when forwarding it to the judicial officer.

If the grievance pertains to a case in which final orders have been entered or an order discharging the Guardian Ad Litem has been entered, the Court Administrator shall, within five business days, forward the grievance to the judicial officer who presided over the trial in the case or who signed the final orders/order of discharge with a copy to the affected Guardian Ad Litem.

CRITICAL

The Court Administrator must send a copy of a pending-case grievance to the affected Guardian Ad Litem when forwarding it to the presiding judge.

If the grievance pertains to a pending case or if trial in the pending case is underway, the Court Administrator shall, within three business days of receipt, forward the grievance to the presiding judge to handle the grievance, with a copy being sent to the affected Guardian Ad Litem.

CRITICAL

The Clerk must provide the handout to the initiating party for service on all parties against whom relief is sought.

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

The Guardian Ad Litem must forward a copy of any response to the complaining party and send the original to the Court Administrator for delivery to the presiding judge.

If the initial determination is that there is adequate cause to proceed with the grievance, the Guardian Ad Litem shall be allowed to file a response to the grievance within fourteen days of receiving notice from the court by forwarding a copy of the response to the complaining party. The original response will be sent to the Court Administrator, who will deliver it to the presiding judge making the initial determination.

CRITICAL

Proof of service may be deemed proper with written evidence of personal service, or after failed appropriate personal-service efforts when the court orders service by mail or publication and proof of that service is on file.

Proof of service may be deemed proper if there is written evidence on file that the Respondent was personally served; or if the Petitioner has made appropriate efforts at personal service which have failed, and the court has subsequently issued an order for service by mail or by publication and proof of the same per the order on file.

CRITICAL

The objecting person must serve the objection on all other persons entitled to notice.

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

A party seeking modification or termination must give notice to all parties to the finalized matter and all persons entitled to notice under RCW 11.130.

Any party seeking a modification or termination of all non-parental custody matters shall provide notice of the action to all parties to the finalized non-parental custody matter as well as all persons entitled to notice under RCW 11.130.

CRITICAL

When the county guarantees payment in a Title 11 RCW case, the Guardian Ad Litem must provide a copy of the filed notice, motion, and itemized statement to each party.

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

Service

Mail

For calculating the stated timelines, mailed items are deemed received three days after mailing.

In calculating the timelines, items mailed shall be deemed received by the addressee three days after the date of mailing.

CRITICAL

Replies must be served 3 court days before the hearing, excluding Saturdays, Sundays, and legal holidays.

Any reply must be filed and served 3 days before the hearing (excluding Saturdays, Sundays, and legal holidays).

CRITICAL

The petitioner must promptly serve the criminal-history report results 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

Responses must be served 7 calendar days before the hearing.

The response must be filed and served 7 days before the hearing (including Saturdays, Sundays, and legal holidays)

CRITICAL

The State must provide the defense attorney copies of officers’ reports and other Information within five days of receipt.

The State shall provide the defense attorney with copies of all officers’ reports and other Information within five (5) days of receipt.

CRITICAL

The moving party must serve motions 14 calendar days before the hearing.

The moving party shall file and serve all motions 14 days before the hearing date (including Saturdays, Sundays, and legal holidays).

WARNING

The Court Administrator’s Office must provide notice of appointed counsel by email.

The Court Administrator’s Office shall also notify of the appointment of counsel by electronic mail.

WARNING

Service

Mail

The form includes a certification that a copy was sent postage prepaid to the listed parties, the Clerk, and the Court Administrator.

I certify that I sent a copy of this document to the parties listed, the Clerk of the above-entitled court, and the Court Administrator, postage prepaid on: _________________

INFO

Photocopies of reported cases, statutes, or legal texts may instead be furnished directly to the judge hearing the matter and to all other parties.

Still, they may be furnished directly to the judge hearing the matter and to all other parties.