San Juan County Superior Court Document Filing Requirements

CRITICAL

Applies to

Proposed parenting plan

Unless already provided, each party must provide the other parties with a Proposed Parenting Plan at least 60 days before trial.

At least sixty (60) days prior to trial, each party shall provide the other parties with a Proposed Parenting Plan, if they have not already done so.

CRITICAL

Applies to

Written pretrial information form

Each party in a contested family law trial must provide a written pretrial information form proposing a division of assets and liabilities, using Appendix H.

A written pretrial information form indicating a proposed division of assets and liabilities, using the form set forth in Appendix H.

CRITICAL

Applies to

Appointment motion and order

The appointment motion and order must be separate documents and must be filed separately from any motion and order to seal under CrR 3.1(f)(2).

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).

WARNING

Applies to

JIS information cover sheet

Additional forms should be used when needed to include additional children or adults.

Use additional forms, if necessary, for additional children or adults.

WARNING

Applies to

Request for entry of decree

If a party completed the required parent education seminar, the request states that completion and attaches the certificate; the form also provides for a court waiver.

• Petitioner  has  has not / Respondent  has  has not completed the mandatory court-approved parent education seminar and the certificate(s) of completion is/are attached. • The parent education seminar has been waived by the court.

WARNING

Applies to

Filing

provisions of a document do not apply to each of the case numbers, one document may not be used and separate documents should be filed in the individual cases.

provisions of a document do not apply to each of the case numbers, one document may not be used and separate documents should be filed in the individual cases.

WARNING

Applies to

Written review report

The department’s report should summarize each parent’s asserted safety threats and steps needed for return home, as well as visitation and recommended changes to the visitation plan.

The report should include a summary of asserted safety threats posed by each parent and what specific steps are needed to reduce such safety threats in order to achieve a return home. The report also should include a summary of visitation during the review period and any recommendations for changes to the visitation plan, including to effectuate the presumption against supervised or monitored visits.

WARNING

Applies to

Motion and other papers

Motions and other papers should identify the requested relief, grounds, legal issues, relied-upon evidence, and legal authority; the listed items may be included in a supporting memorandum of authority.

Motions and other papers should contain the following sections: (i) Relief Requested. The specific relief the court is requested to grant; (ii) Statement of Grounds. A concise statement of the grounds upon which the motion is based; (iii) Statement of Issues. A concise statement of the issues of law upon which the court is requested to rule; (iv) Evidence Relied Upon. The evidence on which the motion or reply is based shall be identified with particularity. (v) Legal Authority. Any legal authority relied upon must be cited. (vi) Memorandum of Authority. Provided, however, that items (i) – (v) above may be contained in a memorandum of authority in support of the motion.

WARNING

Applies to

Proposed order

When a hearing is stricken or continued, counsel or the self-represented moving party must request retention of proposed orders or resubmit them for the new hearing date.

If hearings are stricken and/or continued, it is the responsibility of counsel or the self-represented moving party to specifically request that proposed orders be retained, or to re-submit proposed orders for the new hearing date.

WARNING

Applies to

Request for entry of decree and declaration of jurisdictional facts

For a decree entered by joinder, agreement, or default, the parties may use the Appendix G jurisdictional declaration instead of in-court testimony; counsel is not required, and using the form allows the final documents to be presented ex parte.

If a decree is entered under RCW 26.09 by joinder, agreement, or default, the parties may elect to present jurisdictional testimony pursuant to a “Request for Entry of Decree and Declaration of Jurisdictional Facts,” using the form set forth in Appendix G, in lieu of a party’s testimony by appearance in court. Neither party need be represented by counsel in order to submit a Request for Entry of Decree and Declaration or Jurisdictional Facts to support entry of final documents. If the Request for Entry of Decree and Declaration of Jurisdictional Facts form is used, the parties may present the final documents for entry ex parte rather than appearing in Court.

WARNING

Applies to

Decree

The Decree must reflect a fair and complete division of all parties’ property and debts.

All property and all debts of the parties are fairly and completely divided in the Decree.

WARNING

Applies to

Motions and other papers

Motions and other papers should contain the following sections: (i) Relief Requested. (ii) Statement of Grounds. (iii) Statement of Issues. (iv) Evidence Relied Upon. (v) Legal Authority. (vi) Memorandum of Authority. (vii) Mandatory Forms.

Motions and other papers should contain the following sections: (i) Relief Requested. (ii) Statement of Grounds. (iii) Statement of Issues. (iv) Evidence Relied Upon. (v) Legal Authority. (vi) Memorandum of Authority. (vii) Mandatory Forms.

WARNING

Applies to

Request for entry of decree

The request states that all dependent children are identified and the Child Support worksheets are accurate.

All dependent children of the marriage are identified and the Child Support worksheets CHILDREN: are accurate.

WARNING

Applies to

Document filed under multiple case numbers

Outside consolidated cases, a document may be filed under more than one case number only if sufficient copies are provided for each case at the same time.

Except in consolidated cases, no document shall be filed with more than one case number unless sufficient copies are simultaneously provided for each case.

WARNING

Applies to

Decision distribution certification

Superior Court Administration must file a certification stating how decisions were distributed.

Superior Court Administration will file a certification as to how the decision(s) were distributed.

WARNING

Applies to

Document filed in multiple cases

If all of the provisions of a document do not apply to each of the case numbers, one document may not be used and separate documents should be filed in the individual cases.

If all of the provisions of a document do not apply to each of the case numbers, one document may not be used and separate documents should be filed in the individual cases.

WARNING

Applies to

Notice of conflict dates

Conflict dates in the notice may be limited to previously scheduled vacations and trial dates.

Conflict dates shall be limited to previously scheduled vacations and trial dates.

WARNING

Applies to

Motion to file overlength brief or declaration

The motion and note for motion should reference the deadline for filing of the related document for clarity.

The motion and note for motion should reference the deadline for filing of the related document for clarity.

WARNING

Applies to

Family law informal trial selection form

A party may request testimony from an expert who submitted a report or written opinion by indicating that intention on a timely filed Family Law Informal Trial Selection Form, subject to the expert’s availability.

Either party may request that an expert who has submitted a report or written opinion testify at the IFLT by indicating an intention to have an expert witness testify on the Family Law Informal Trial Selection Form, if it is timely filed, and subject to the expert’s availability.

WARNING

Applies to

Notice of conflict dates

A Notice of Conflict Dates may list only previously scheduled vacations and trial dates as counsel’s conflicts.

The following are the undersigned’s conflict dates, which are limited to previously scheduled vacations and trial dates:

WARNING

Applies to

Written findings conclusions and orders

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

WARNING

Applies to

Evaluation

Evaluations required or presented for the court’s consideration must meet Appendix L standards unless the court approves otherwise.

Unless otherwise approved by the court, any evaluation required or presented to the court for consideration must meet the standards set forth in Appendix L.

WARNING

Applies to

Family law informal trial selection form

A GAL or parenting evaluator may testify if a party notes the intention on a timely filed Family Law Informal Trial Selection Form and the GAL or evaluator appears voluntarily or by subpoena.

The GAL or parenting evaluator will not testify unless one of the parties notes an intention to call the GAL or evaluator on the Family Law Informal Trial Selection Form. If that form is timely filed, and if the GAL or evaluator appears voluntarily or by subpoena, they will be questioned under oath as an expert witness as provided herein.

WARNING

Applies to

No address distribution certification

When a self-represented party has provided neither an email nor mailing address, the Court will file a certification stating that it could not send the decisions.

If no e- mail or mailing address has been provided for a self-represented party, the Court will not be able to send the decision(s) to you and will file a certification attesting accordingly.

WARNING

Applies to

Exhibit list

The party should include pre-assigned numbers as described above, as well as the description of the exhibit that party intends the Clerk to use on the master exhibit list.

The party should include pre-assigned numbers as described above, as well as the description of the exhibit that party intends the Clerk to use on the master exhibit list.

WARNING

Applies to

Minor child submission

Declarations, letters, and other submissions by the parties’ minor children should not be submitted and will not be considered.

Declarations, letters, or other submissions by the parties’ minor children should not be submitted and will not be considered.

WARNING

Applies to

Exhibit list

Each set of exhibits should 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, as available on the Clerk’s webpage, or on request, as provided in Appendix E. The party should include pre-assigned numbers as described above, as well as the description of the exhibit that party intends the Clerk to use on the master exhibit list.

Each set of exhibits should 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, as available on the Clerk’s webpage, or on request, as provided in Appendix E. The party should include pre-assigned numbers as described above, as well as the description of the exhibit that party intends the Clerk to use on the master exhibit list.

INFO

Applies to

Notice of hearing

Eligible motions taking 15 minutes or less and agreed divorce or separation finalizations may be scheduled on the Civil Law and Motion Calendar by filing a notice of hearing/note for motion.

Any motion or set of motions in a pending civil case, including family law, guardianship, and trust and estate matters, which will take fifteen (15) minutes or less, may be scheduled on the Civil Law and Motion Calendar by filing a notice of hearing/note for motion. Finalization of divorce and separation cases by agreement may be scheduled on the Civil Law and Motion Calendar by filing a notice of hearing/note for motion.

INFO

Applies to

Sentencing memorandum

Parties are encouraged to submit sentencing memoranda before the hearing when unique factual or legal issues are raised, including the listed sentencing requests or disputes.

(f) Sentencing Memoranda. Parties are encouraged to provide sentencing memoranda before a sentencing hearing where unique issues of fact or law are raised, including where there is a request for a sentencing alternative or an exceptional sentence or there is a dispute regarding the defendant’s criminal history or offender score calculation.