San Juan County Superior Court Document Filing Requirements

CRITICAL

Applies to

Order to show cause

An order to show cause must warn the defendant that failure to attend may result in default judgment and a writ of restitution.

The order to show cause must notify the defendant that failure to attend may result in a default judgment and writ of restitution.

CRITICAL

Applies to

Trial brief

Each party in a contested family law trial must prepare a trial brief or memorandum of authorities stating the legal issues and supporting authorities.

In all contested family law trials, each party shall prepare a trial brief or memorandum of authorities containing the legal issues involved and the authorities supporting same.

CRITICAL

Applies to

Motion

Relied-upon deposition testimony, discovery pleadings, and documentary evidence must be quoted verbatim or attached in relevant photocopy form; deposition publication requires a challenge and good cause, and the deposition remains unopened and outside the court file unless ordered otherwise.

Deposition testimony, discovery pleadings, and documentary evidence relied upon must be quoted verbatim, or a photocopy of relevant pages thereof must be attached to the motion. Deposition testimony in connection with a motion shall not require publication thereof unless a challenge is made thereto and an opposing party shows good cause for such publication. Depositions used in this fashion shall remain unopened and not a part of the court file unless otherwise ordered by the court.

CRITICAL

Applies to

Financial declaration

If the court has not entered child support worksheets, both parents must file financial declarations to help determine their respective ability to pay the guardian ad litem’s cost.

If the Court has not yet entered child support worksheets, then both parents shall file financial declarations and proof of income to assist the Court in determining their respective abilities to pay the cost of the guardian ad litem.

CRITICAL

Applies to

Final orders

The party directed by the judge must draft final written orders containing all decisions made after trial.

After trial, the judge will tell one party to draft the final orders. The final, written orders must contain all of the decisions that the judge made after trial.

CRITICAL

Applies to

Stipulation and order

Except for trials, parties may stipulate to proceedings in the visiting judge’s court, including remotely, with prior approval by the visiting judge and both Clerks; they must use the Appendix P stipulation and order form.

With the exception of trials, parties may stipulate to proceedings occurring in the visiting judge’s court, including through that court’s remote hearing platform, with the prior approval by the visiting judge and the Clerk for both San Juan County and the visiting judge’s county. The stipulation and order form provided in Appendix P must be used for this purpose.

CRITICAL

Applies to

Notices of hearing notes for motion and proposed scheduling orders

Must include

judge name

Notices of hearing, motion notes, and proposed scheduling orders for visiting-judge matters must state the hearing’s nature, its pre-approved date and time, and the visiting judge’s name.

Notices of hearing, notes for motion, and proposed scheduling orders shall include the nature of the hearing, the pre-approved date/time, and the name of the visiting judge.

CRITICAL

Applies to

Proof of completion

Proof of completion must be filed with the Court by the date specified in the order.

Proof of completion shall be filed with the Court no later than ___________________________________.

CRITICAL

Applies to

Proof of training completion

The designated person must complete the online lay guardian training and file proof of completion within 90 days of the order.

5. ______________ is required to complete the online lay guardian training and to file proof of completion within 90 days from the date of this order.

CRITICAL

Applies to

Complaint

The complaint must attach copies of all required statutory and court-ordered notices, along with proof of service, mailing, or posting.

(e) Notices. Copies of all notices required under RCW Ch. 59.12 and any notice required under a standing order of this Court, as well as proof of service, mailing, or posting, must be attached to the Complaint.

CRITICAL

Applies to

Final documents

When seeking entry of the Decree after default, the final documents may provide only relief requested in the petition.

If entry of the Decree is sought after default of the Respondent, the final documents provide for only that relief requested in the petition.

CRITICAL

Applies to

Courtesy copy

The associated hearing date and time must be stated in the email body or on the first page of each courtesy-copy document.

a notation of the associated hearing date and time shall be noted either within the body of the email or on page one of each document submitted.

CRITICAL

Applies to

Complaint

For a Residential Landlord Tenant Act action based on a reason other than exclusively nonpayment of rent, the complaint must specifically plead the statutory basis permitting termination.

(c) Just Cause Exception. If the action is brought under the Residential Landlord Tenant Act, RCW Ch. 59.18, and is based upon any reason other than exclusively nonpayment of rent, the plaintiff must specifically plead the basis under RCW 59.18.650 that permits ending the residential tenancy.

CRITICAL

Applies to

Temporary civil protection order request

Requests for temporary civil protection orders are presumed to be emergencies and must be submitted to the Clerk’s office under LCR 101(b).

Requests for temporary civil protection orders are presumed to be emergency requests and shall be submitted to the Clerk’s office pursuant to LCR 101(b).

CRITICAL

Applies to

Unlawful detainer complaint

All unlawful detainer complaints must include a rental agreement, power of attorney, just cause exception, subsidy, and notice.

99. ALL COMPLAINTS FOR UNLAWFAL DETAINER MUST INCLUDE. (a) Rental Agreement. (b) Power of Attorney. (c) Just Cause Exception. (d) Subsidy. (e) Notice.

CRITICAL

Applies to

Complaint

An unlawful detainer complaint must attach a true and correct copy of the rental agreement or lease if one exists.

(a) Rental Agreement. A true and correct copy of the rental agreement or lease upon which the tenancy is based, if one exists, must be attached to the Complaint.

CRITICAL

Applies to

Trial brief or memorandum

In criminal trials with contested legal or evidentiary issues, each party must prepare a trial brief or memorandum identifying the issues and supporting authorities.

In criminal trials with contested legal or evidentiary issues, each party shall prepare a trial brief or memorandum of authorities containing the issues involved and the authorities supporting same and provide the same to the Clerk, opposing counsel or a self-represented party, and the judge by noon two (2) days prior to the date set for commencement of trial.

CRITICAL

Applies to

Facsimile transmission

A fax transmission of pleadings or other papers must include a transmittal sheet identifying the document, page count, sender, and the sender’s telephone and fax numbers.

Any pleadings or such other papers transmitted by facsimile must be accompanied by a facsimile transmittal sheet containing, at a minimum, the following information: identification of pleading or other paper being transmitted, number of pages of pleading or paper, sender’s name and sender’s telephone and facsimile numbers.

CRITICAL

Applies to

Confidential document

The specified confidential documents must be submitted with the mandatory cover sheet for sealing.

Consistent with General Rule (GR) 22, financial source documents, personal healthcare records, guardian ad litem (GAL)/parenting evaluator reports, and other reports containing confidential information as defined by GR 22 shall be submitted with the mandatory cover sheet for sealing such documents.

CRITICAL

Applies to

E filing waiver order

A waiver order must state whether it applies to all of the attorney’s cases or only a specified case, identified by cause number.

If the motion for waiver is granted, the order shall indicate whether the waiver applies to all cases in which the attorney appears or is solely for a specific case, identifying a specific case by cause number.

CRITICAL

Applies to

Proposed parenting plan

If children are involved, each party in a contested family law trial must provide a proposed parenting plan.

If children are involved, a proposed parenting plan and child support worksheets.

CRITICAL

Applies to

Objection to notice of trial assignment

A party objecting to the joined issues, stated issues, trial readiness, or other information in the Notice of Trial Assignment must file and serve an objection before the trial assignment date and note it for hearing on the appropriate motion calendar.

If opposing counsel or self-represented parties dispute that the issues are joined or disagree with the statement of issues, do not believe the case is yet ready for trial, or have any other objection to the information contained in the Notice of Trial Assignment, opposing counsel or the self- represented parties shall, prior to the trial assignment date, file and serve an Objection to the Notice of Trial Assignment and note the matter for hearing on the appropriate motion calendar.

CRITICAL

Applies to

Exhibit admissibility stipulation

Any stipulation to exhibit admissibility must be made in writing or on the record on the first day of trial.

If the parties stipulate to the admissibility of exhibits, they shall do so in writing or on the record the first day of trial.

CRITICAL

Applies to

Request for appointment of services

Defense counsel must present requests for appointment of services under CrR 3.1(f) to Superior Court Administration.

Defense counsel shall present requests for appointment of services made pursuant to CrR 3.1(f) to Superior Court Administration. A motion and order for appointment shall be in separate documents, and shall be filed separately than any motion and order to seal made pursuant to CrR 3.1(f)(2).

CRITICAL

Applies to

Complaint

If the property or housing unit is subsidized by a government or tribe, the complaint must identify the subsidy program and describe the subsidy.

(d) Subsidy. If the real property or housing unit at issue is subsidized by the federal government, state government, or a tribe, the Complaint must include the name of the program and the nature of the applicable subsidy.

CRITICAL

Applies to

Report

Reports required by RCW chapter 11.130 must include in the title the report name and a Clerk’s Action Required notation to set the next report date, using the specified wording.

In all reports required by RCW Ch. 11.130, the title shall contain, in addition to the name of the report, a notation to the Clerk to set the next report date, i.e., “Clerk’s Action Required: Next Hearing Date and Time: (date) at 10:30 a.m.”

CRITICAL

Applies to

Complaint

The complaint must attach the Power of Attorney authorizing the attorney in fact to act concerning the property at issue.

(b) Power of Attorney. The Power of Attorney appointing an Attorney in Fact with authority over the real property at issue must be attached to the Complaint.

CRITICAL

Applies to

Motion

A party may move to change, modify, or set aside an order, and the written motion must state its basis and requested relief.

Any party may move to change, modify, or set aside an order pursuant to RCW 13.34.150. The motion shall be in writing, and must state the basis for the motion and the relief requested.

CRITICAL

Applies to

Motion for guardian ad litem appointment

A parent’s motion to appoint a guardian ad litem must state how the guardian ad litem’s fee should be paid.

When a parent makes a motion for appointment of a guardian ad litem they shall specifically assert how the guardian ad litem’s fee should be paid.

CRITICAL

Applies to

Written motion

A party objecting to remote appearance or testimony must file a written motion establishing good cause and have it considered before the hearing or trial.

A party objecting to a remote appearance/testimony must make a written motion establishing good cause why remote appearance/testimony shall not be allowed and must have such motion considered prior to the hearing/trial.

CRITICAL

Applies to

Support financial disclosures

If child support or spousal support is at issue, both parties must provide a Financial Declaration, six months of pay stubs, and two years of tax returns with schedules, W-2s, and/or 1099s to the clerk, judge, and other party before trial.

Before trial starts, both parties must prepare and give to the clerk, judge, and the other party: If child support or spousal support are an issue: a Financial Declaration, the last six months of pay stubs, and your tax returns for the last two years (with schedules, W2, and/or 1099).

CRITICAL

Applies to

First periodic review filings

For the first periodic review following January 1, 2022, the listed forms and declaration must be filed, including the substantial-change notice only if applicable.

The following documents must be filed and served on all persons entitled to notice for your first periodic review following January 1, 2022: (1) Guardian/Conservator’s Report on WA Pattern Form GDN R 204 (2) Motion for Approval of Guardian’s/Conservator’s Report on WA Pattern Form GDN R 205 (3) Proposed Order Approving Guardian/Conservator’s Report on WA Pattern Form GDN R 206 (4) Notice of Substantial Change in Circumstances – ONLY IF APPLICABLE - on WA Pattern Form GDN R 207 (5) Declaration (written statement made under penalty of perjury and dated and signed with the place of signing by you) attesting to whether the person subject to the guardianship’s needs can be met with protective arrangements other than guardianship or conservatorship under RCW 11.130.585 and .590 or any other less restrictive alternative to guardianship or conservatorship, including use of appropriate supportive services, technological assistance, or supported decision making. There is no pattern form for this document. (6) Acceptance of Appointment on WA Pattern Form GDN ALL 003

CRITICAL

Applies to

Courtesy copy

Identify the hearing date and time on each courtesy copy’s first page or in the accompanying email to Superior Court Administration.

Parties shall indicate the date and time of the hearing on the courtesy copies either by indicating it in the upper right-hand corner of the first page of each courtesy copy, or by including in the body of the email sending such documents to Superior Court Administration the date and time of the associated hearing.

CRITICAL

Applies to

Guardian ad litem complaint response

A requested response to a complaint that appears meritorious must be written and address the specific issues identified by the judge.

Make a finding that the complaint appears to have merit and request a written response from the guardian ad litem or other person against whom the complaint is brought within ten (10) business days, detailing the specific issues in the complaint to which the judge desires a response.

CRITICAL

Applies to

Notice of contested hearing

A notice of contested hearing must be accompanied by written evidence supporting the issue.

The notice of contested hearing shall be accompanied by written evidence in support of the issue.

CRITICAL

Applies to

Note for trial assignment

A contested-case trial assignment note must include the trial-time estimate, anticipated disputed issues, names and addresses of attorneys, guardians ad litem, or self-represented parties, and a certification that the issues are joined.

All notes for trial assignment on contested cases shall, in addition to counsel’s or a self-represented party’s estimate of time needed for trial, indicate the issues which counsel or the self-represented party believe will be in dispute, and shall contain the names and addresses of all attorneys, guardians ad litem, or self-represented parties. Counsel and self-represented parties shall certify that the issues are joined.

CRITICAL

Applies to

Notice of appearance

Counsel for indigent defendants must include a separate paragraph in each Notice of Appearance stating whether a current CrR 3.1 Certificate of Compliance is on file with the Clerk’s Office.

(b) All Notices of Appearance forms filed by counsel for indigent defendants shall indicate in a separate paragraph whether a current CrR 3.1 Certificate of Compliance with the Standards for Indigent Defendants is on file with the San Juan County Superior Court Clerk’s Office.

CRITICAL

Applies to

Guardianship conservatorship filings

Within 90 days after new letters of office issue, the Guardian/Conservator must file a plan, a proposed order approving the plan, and proof of training completion.

(e) Within 90 Days of New Letters of Office Being Issued. Within 90 days of the new letters of office issuing you must file and serve on all persons entitled to notice: (1) Guardian/Conservator’s Plan on WA Pattern Form GDN R 202 (2) Proposed Order Approving Guardian/Conservator’s Plan on WA Pattern Form GDN R 206 (3) Proof of completion (called the “Declaration of Completion”) of the Training for Lay (non- professional) Guardians for Adults and Conservators for Adults or Minors, available online through the Washington Courts website.

CRITICAL

Applies to

Recorded information

To make recorded information part of the permanent court record, the filing party must transcribe it and file the transcription as a paper document.

In order to make such recorded information part of the permanent court record, they must be transcribed by the filing party and filed as a document in paper format.

CRITICAL

Applies to

Electronically filed certified notarized or official seal document

A party that electronically files one of these documents must retain the original through any appeal and at least 60 days after the case ends, and produce it to the court upon request.

If filed electronically, the filing party must retain the original document during the pendency of any appeal and until at least sixty (60) days after completion of the instant case and shall present the original document to the court if requested to do so.

CRITICAL

Applies to

Jis background check form

Before presenting a permanent parenting plan or residential schedule for approval, the party or parties must submit a completed JIS Background Check form to the county clerk.

Prior to presenting a permanent parenting plan or residential schedule to the court for approval, the party or parties shall comply with RCW 26.09.182 by submitting a completed Judicial Information System (JIS) Background Check form to the San Juan County Clerk.

CRITICAL

Applies to

Declaration of service

The Petitioner must file a declaration of service in the court file after serving the Respondent(s) with a copy of the order.

The Petitioner shall serve a copy of this on the Respondent(s) and file a declaration of service in the court file.

CRITICAL

Applies to

Verified statement of assets and liabilities

The Verified Statement must use the Appendix B form and must not be filed with the court.

A Verified Statement of Assets and Liabilities, including both marital and separate assets and liabilities of any kind, in the form set forth in Appendix B, in any case involving the division of assets and/or debts. The Verified Statement of Assets and Liabilities shall not be filed with the court;

CRITICAL

Applies to

Request for entry of decree

The request includes the specified declaration under penalty of perjury.

PERJURY DECLARATION: I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

CRITICAL

Applies to

Response documents

A self-represented party who wishes to respond must file their response documents with the court before the hearing.

file your documents with the court;

CRITICAL

Applies to

Administrative appeal record

An appeal record containing a video or audio recording must also include a filed transcript.

Any video or audio recording shall have a transcript filed in addition to the video or audio recording.

CRITICAL

Applies to

E filing waiver order

An attorney who receives an e-filing waiver order must file a copy of it in each case covered by the waiver.

Attorneys who receive an order waiving e-filing shall file a copy of the order in each case in which e-filing has been waived.

CRITICAL

Applies to

Divorce property and debt list

In a divorce case, both parties must prepare and give the clerk, judge, and other party a list of what they own and owe and how they want the property and debts divided before trial.

Before trial starts, both parties must prepare and give to the clerk, judge, and the other party: If this is a divorce case, a list of everything you and your spouse own and owe and explain how you want the court to divide these properties and debts.

CRITICAL

Applies to

Settlement conference submission

The parties must provide the settlement-conference judge documentation clearly stating the issues at least two court days before the conference.

The parties shall provide documentation clearly stating the issues involved to the conference judge at least two (2) court days prior to the conference.

CRITICAL

Applies to

Certificate of compliance

Certificates of Compliance with the Standards for Indigent Defendants must be filed quarterly with the Superior Court Clerk’s Office.

(a) Certificates of Compliance with the Standards for Indigent Defendants required by CrR 3.1 shall be filed quarterly with the San Juan County Superior Court Clerk’s Office.