San Juan County Superior Court Document Filing Requirements

CRITICAL

Applies to

Stipulation

Counsel must provide the signed stipulation to the San Juan County Clerk for consideration by the respective Clerks.

Counsel shall provide the signed stipulation to the San Juan County Clerk who will facilitate the respective clerks’ consideration.

CRITICAL

Applies to

Declaration of mailing

Each party must file a Declaration of Mailing stating that the Financial Declaration and Verified Statement were provided to the other party.

Each party shall then file with the court a Declaration of Mailing, attesting that the Financial Declaration and Verified Statement of Assets and Liabilities has been provided to the other party.

CRITICAL

Applies to

Mediation completion declaration

The mediator must file a declaration of completion with the court within seven days after mediation is completed.

Within seven (7) days of completion of mediation, a declaration that mediation has been completed shall be filed with the court by the mediator.

CRITICAL

Applies to

Final order determining parentage

The final parentage order must be filed in both the original confidential case and the new public case.

The final order determining parentage shall be filed in the original, confidential cause number as well as in the new, public cause number.

CRITICAL

Applies to

Written notice

To request attorney fees with a motion for default, the moving party must provide written notice citing this local rule.

for default; provided that the moving party provides written notice to the non-moving party of the intent to request attorney fees, which includes citation to this local court rule, which notice shall be received by the non-moving party at least ten (10) days prior to filing the motion for default and request for attorney fees.

CRITICAL

Applies to

JIS information cover sheet

The information requested on the cover sheet must be provided to complete the JIS Background Check required by LCR 90.

(JIS Background Check cannot be completed unless the information below is provided.) The following information is provided for completion of the JIS Background Check required by LCR 90 of the Local Rules for San Juan County.

CRITICAL

Applies to

Seminar completion certificate

After completing the parenting seminar, each party must file the completion certificate provided by the sponsoring agency or provider with the court.

Upon completion of the seminar, each party shall file with the court the seminar completion certificate provided by the sponsoring agency or provider.

CRITICAL

Applies to

Jis background check request

The JIS request must list the names and birth dates of everyone residing in each residence and be submitted at least five days before presentation of the final parenting plan.

Such request shall include the names and dates of birth of all persons residing in each residence and must be submitted no fewer than 5 days prior to the date of presentation of the final parenting plan.

CRITICAL

Applies to

Proposed parenting plan and child support documents

In specified unrepresented cases, proposed parenting and child-support documents must first be reviewed, approved as to form, and initialed by a courthouse facilitator or neutral attorney, except for qualifying temporary plans presenting a serious and imminent threat to a child.

In any action, including modification proceedings, in which the residential care or child support of a minor child or children is at issue and in which none of the parties are represented by counsel, any proposed parenting plan or residential schedule and any proposed child support documents, including the child support schedule worksheet, shall first be reviewed, approved as to form and initialed by the courthouse facilitator or by an attorney acting as a third-party neutral in accordance with RPC 2.4. Provided, however, this requirement shall not apply to a proposed temporary parenting plan or residential schedule in cases where there has been a recent and substantial change in circumstances that has resulted in a serious and imminent threat to the health, safety or welfare of the child(ren).

CRITICAL

Applies to

Financial information

Parties must supplement their financial information when additional information becomes available.

All parties have a duty to supplement the financial information when additional information becomes available.

CRITICAL

Applies to

Proposed order

Specify the hearing date and time in the proposed order’s upper right-hand corner or in the email body.

The date and time of the hearing shall be specified in the upper right-hand corner of the proposed order, or in the body of the email.

CRITICAL

Applies to

Motion for temporary orders and show cause order

When a party is self-represented, the motion must include the specified hearing, response, and failure-to-appear language.

In addition, the motion for temporary orders and show cause order shall contain the following language: “At the hearing, the court will consider written sworn affidavits or declarations under penalty of perjury. Oral testimony may not be allowed. If you wish to respond, prior to the hearing you must: (1) file your documents with the court; (2) provide a copy of those documents to the judge; (3) serve the other party’s attorney with copies of your documents (or have the other party served if that party does not have an attorney); and (4) complete your filing and service of documents within the time period required by the local court rules in effect in your county. If you need more information, you are advised to consult an attorney or a courthouse facilitator. FAILURE TO APPEAR MAY RESULT IN A TEMPORARY ORDER BEING ENTERED BY THE COURT THAT GRANTS THE RELIEF REQUESTED IN THE MOTION WITHOUT FURTHER NOTICE.”

CRITICAL

Applies to

Domestic relations pretrial information form

The Domestic Relations Pre-Trial Information form in Appendix H must be submitted in every case.

The Domestic Relations Pre-Trial Information form (Appendix H) must be submitted in every case.

CRITICAL

Applies to

Iflt election

All parties must agree to an IFLT, may select it at or before the readiness hearing, and each party must file the Trial Process Selection and Waiver form to elect it.

All of the parties to the case must agree to proceed with an IFLT. The parties may select an IFLT at or before the readiness hearing (which is scheduled approximately 30 days before trial). Each party must file the “Trial Process Selection and Waiver” form, Family Law Mandatory Form 184, to formally elect the IFLT.

CRITICAL

Applies to

Emergency order motion

Motions for emergency orders must include a written certification stating that self-represented parties or attorneys were notified of the request’s time and place, or explaining why notice was not given.

Such motions shall contain a written certification that self-represented parties or attorneys were notified of the time and place of requesting the emergency order, or the reasons why such notice was not given.

CRITICAL

Applies to

Nonparty attendance request

A non-party must request written permission to attend the settlement conference in writing at least 48 hours beforehand and provide a copy to the other party.

Any non- party wanting to be present or participate in the settlement conference must obtain written permission of the Settlement Conference Judge. Any request to attend must be submitted in writing, and a copy provided to the other party, at least 48 hours in advance of the scheduled settlement conference.

CRITICAL

Applies to

Financial declaration

The Financial Declaration must also be filed with the court.

The Declaration shall also be filed with the court;

CRITICAL

Applies to

Appointment of counsel motion

A petitioner seeking appointed counsel must use the court’s motion and order forms, complete financial screening, and attach the screener’s certification to the motion.

A petitioner asking for appointment of counsel shall use the motion and order forms available on the Superior Court website and shall screen with the San Juan County Public Defender Screener to determine financial qualification, attaching a certification from the screener to the motion.

CRITICAL

Applies to

Motion and order

A motion and its order must be filed as separate documents.

Motions and orders shall not be combined into one document. Rather, an order shall always be set forth in a separate document from the motion itself.

CRITICAL

Applies to

JIS information cover sheet

The cover sheet identifies the JIS Background Check to be attached for the parties and specified household members.

Attached is JIS Background Check for the Petitioner, the Respondent, all minor children over the age of 11 years who reside in the residence of either party, and all other adults who reside in the residence of either party based on the following information provided by the Petitioner, the Respondent, or legal counsel.

CRITICAL

Applies to

Proposed parenting plan

If there are children, both parties must prepare and give a proposed parenting plan 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 there are children, a proposed parenting plan.

CRITICAL

Applies to

Written findings conclusions orders

When a motion is granted in whole or in part, the moving party must prepare and present the necessary written findings, conclusions, and orders unless the court instructs otherwise.

If a movant’s motion is granted in whole or in part, the moving party shall be responsible to prepare and present any written findings, conclusions, and orders necessary as a result of the decision, unless the court instructs otherwise.

CRITICAL

Applies to

Case involving dependent children

Must include

proposed order

In a case involving dependent children, each party must submit proposed child support worksheets, a child support order, and a proposed parenting plan on the mandatory court forms.

For any case involving dependent children, each party must submit proposed child support worksheets, child support order, and proposed parenting plan on the mandatory court forms.

CRITICAL

Applies to

JIS information cover sheet

The cover sheet contains a declaration under penalty of perjury that its information is true and accurate.

I declare under penalty of perjury of the laws of the state of Washington that the information contained herein is true and accurate.

CRITICAL

Applies to

Special set hearing

Covered matters must be noted as special set hearings and scheduled in advance through Superior Court Administration; parties may not set them unilaterally.

All matters requiring a special set hearing pursuant to LCR 8(g), and all motions for summary judgment and show cause hearings in unlawful detainer matters, shall be noted as a special set hearing and must be scheduled in advance through Superior Court Administration – no matter may be set unilaterally by a party on this calendar.

CRITICAL

Applies to

Reply

A reply may address only issues or facts raised in the responding party’s motion response.

Replies shall be limited to the issues or facts raised by the responding party in the response to the motion.

CRITICAL

Applies to

Remote attendance

Remote attendance at show cause or violation hearings requires a written party stipulation or a court order.

Remote attendance at show cause or violation hearings requires a written stipulation by the parties or order of the Court.

CRITICAL

Applies to

Exhibit list

Each exhibit set submitted to the Clerk must include an exhibit list prepared by the submitting party, in hard copy and electronic Word version, using the Clerk’s Appendix E form.

Each set of exhibits shall be submitted to the Clerk with an exhibit list in hard copy and electronic Word version prepared by the submitting party, on the Clerk’s form, Appendix E.

CRITICAL

Applies to

Service email

Each service email must list its attachments and include at least a phone number for reporting receipt or transmission problems.

Each email shall contain a list of the documents attached. The sending email shall contain at a minimum a phone number to which any difficulty in receipt or transmission may be reported.

CRITICAL

Applies to

Financial declaration

The Financial Declaration must be filed with the court when the specified child-support, maintenance, or attorney’s-fee request is involved.

At least sixty (60) days prior to trial, each party shall serve on the opposing party: (1) a Financial Declaration (FL All Family 131), in all cases involving a request for child support, maintenance or attorney’s fees. The Declaration shall also be filed with the court; (2) a Verified Statement of Assets and Liabilities (form is Appendix B to Local Court Rules of the Superior Court for San Juan County, website: https://www.sanjuancountywa.gov/185/Superior-Court) including both marital and separate assets and liabilities of any kind, 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; and (3) Each party shall then file a Declaration of Mailing, attesting that the Financial Declaration and Verified Statement of Assets and Liabilities have been provided to the other party. All parties have a duty to supplement the financial information when additional information becomes available.

CRITICAL

Applies to

Written review report

The department must prepare a written review report for the dependency review hearing.

A written review report shall be prepared by the department and shall be filed and served on all counsel and parties not less than ten (10) days prior to the review hearing.

CRITICAL

Applies to

Motion or request

Must include

proposed order

Submit proposed orders to Superior Court Administration when filing the underlying motion or request.

Proposed orders shall be submitted to Superior Court Administration at the time the underlying motion or request is filed.

CRITICAL

Applies to

Post final order documents

Documents filed after the final parentage order must be filed under the new, open cause number.

Any documents filed in the proceeding after the final order determining parentage shall be filed in the new, open cause number.

CRITICAL

Applies to

Motion

The specified motions must use applicable standard forms and be supported by the moving party’s affidavit or declaration.

Motions for temporary support, maintenance, restraining orders, parenting plans, costs, attorney fees and show cause orders in connection therewith shall be in compliance with any standard forms required by law and local rules herein and shall be supported by the affidavit or declaration of the moving party.

CRITICAL

Applies to

Court document

A document requiring the County Clerk to calendar a hearing or take other action must include “Clerk’s Action Required” in its caption.

Parties must indicate in the caption of any document requiring the County Clerk to calendar a hearing or otherwise take an action: “Clerk’s Action Required.”

CRITICAL

Applies to

Paper document

During a waiver, the attorney must put the specified exemption wording in the caption of every paper document filed.

Attorneys who have received an order waiving e-filing shall place the words “Exempt from e-filing per order entered on X date)” in the caption of all paper documents they file for the duration of the waiver.

CRITICAL

Applies to

Guardian plan and or conservator plan

If not already filed and served, the Guardian’s Plan and/or Conservator’s Plan must be filed and served on all persons entitled to notice within 90 days of the order.

4. ____________ shall file and serve on all persons entitled to notice a Guardian’s Plan pursuant to RCW 11.130.340 and/or a Conservator’s Plan pursuant to RCW 11.130.510 on the Washington pattern forms within 90 days from the date of this order (if these have not already been filed/served).

CRITICAL

Applies to

Trial brief

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

In all contested civil 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 to shorten time

Give opposing parties verbal and written notice of a request to shorten time as soon as possible, and include a written certification describing notice of the request’s time and place or why notice was not given.

The party requesting an order to shorten time shall give verbal and written notice as soon as possible to opposing parties regardless of when pleadings are prepared and provided. Such motions shall contain a written certification that self- represented parties or attorneys were notified of the time and place of requesting the order to shorten time, or the reasons why such notice was not given.

CRITICAL

Applies to

Written motion to object to video testimony

A party opposing live video testimony must file a written motion showing good cause, and the motion must be considered before the hearing or trial.

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

CRITICAL

Applies to

Exhibit list

Each party must describe its numbered exhibits on the exhibit list form provided in Appendix E.

Each party must mark their exhibits with one number per document, placing the number in the lower right hand corner of the document, and must describe their exhibits, by number, on the exhibit list form provided in Appendix E.

CRITICAL

Applies to

Motion

Motions must be written and supported by a written declaration where appropriate, unless good cause is shown or the Court orders otherwise.

Absent good cause shown or as otherwise ordered by the Court, all motions must be made in writing, supported by written declaration where appropriate, and filed and served with the requisite time as set forth below.

CRITICAL

Applies to

Motion for temporary orders and show cause order

When a party is self-represented, the motion for temporary orders and show cause order must have a blank affidavit or declaration attached.

When one of the parties is self-represented, a blank affidavit or declaration shall be attached to the motion for temporary orders and show cause order

CRITICAL

If the opponent or counsel does not appear, the judge must require a full showing about the notice given.

If the opponent or opponent’s counsel does not appear, the judge shall require a full showing with respect to the notice given.

CRITICAL

Applies to

Guardian ad litem complaint

Complaints made by or against guardians ad litem must be written, submitted to Superior Court Administration, and include the filer’s signature, name, and address.

All complaints made by or against guardians ad litem shall be in writing and shall be submitted to Superior Court Administration. All complaints must bear the signature, name and address of the person filing the complaint.

CRITICAL

Applies to

Proposed order

If a proposed order is also filed, mark “proposed” clearly in its caption.

If proposed orders also are filed, they must be clearly marked with the notation “proposed” in the caption.

CRITICAL

Applies to

Financial declaration

In a case involving financial issues, both parties must submit a financial declaration on the mandatory court form.

For any case involving financial issues, including division of assets or debts, child support, spousal maintenance, or requests for attorney fees, both parties must submit a financial declaration on the mandatory court form.

CRITICAL

Applies to

Clerk exhibit submission

The exhibit submission to the Clerk’s Office must include an electronic version of the exhibit list.

Each party must submit their exhibits to the Clerk’s office by 12:00p.m. (noon) two court days before the trial, with the exhibits marked by number on each document in the lower right hand corner, with an electronic version of their exhibit list.

CRITICAL

Applies to

Jury instructions

The jury-instruction set must include a title page entitled “Court’s Instructions to the Jury” pursuant to WPI 1.01.01.

The parties shall also include a title page entitled “Court’s Instructions to the Jury” pursuant to WPI 1.01.01.

CRITICAL

Applies to

Informal family law trial exhibits

107. EXHIBITS. (a) Exhibits Permitted. (b) Mandatory Exhibits. (1-3)

107. EXHIBITS. (a) Exhibits Permitted. (b) Mandatory Exhibits. (1-3)