San Juan County Superior Court Service and Proof of Service Rules

CRITICAL

Applies to

Motion supporting affidavit or documents

Affidavits and other documents supporting a motion must be served with the motion.

When a motion is supported by affidavit or other documents, the affidavit or other documents shall be served with the motion;

CRITICAL

Applies to

Proposed trial exhibits

A party appearing remotely for trial must submit proposed trial exhibits to the opposing party.

If a party chooses to appear for trial remotely, they must nonetheless comply with all requirements for submitting proposed trial exhibits to the Clerk, opposing party, and courtesy copies to the Court.

CRITICAL

Deadline

9 court days

A modification motion must be served at least nine court days before the hearing unless the court finds good cause to shorten the time or waive notice.

Unless the Court finds good cause to shorten time or waive notice, any such motion must be filed and served at least nine (9) court days in advance of the hearing.

CRITICAL

An objection to the Notice of Trial Assignment must be served before the trial assignment date.

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

Deadline

2 court days

The parties must exchange lists of all witnesses intended for their cases in chief by noon two court days before trial.

Parties shall exchange lists of all witnesses intended to be called in their case in chief no later than 12:00noon two court days before trial.

CRITICAL

Applies to

Court document

Documents served on opposing counsel or a self-represented party must be fully conformed to the filed original, including signatures and dates.

Court documents served on opposing counsel or a self-represented party shall be fully conformed as to signatures, dates signed, date filed if known, and all other information as it appears on the filed original.

CRITICAL

Deadline

2 court days

Non-documentary exhibits must be made available for the opposing party to inspect at an agreed time at least two court days before trial.

Parties shall make non-documentary exhibits available for inspection by the opposing party(s) at an agreed time at least two court days before trial.

CRITICAL

Deadline

2 court days

Documentary exhibits, except those intended solely for impeachment or rebuttal, must be exchanged by noon two court days before trial; electronic exchange is permitted by stipulation, otherwise hard copies must be exchanged.

Parties shall exchange all documentary exhibits other than those intended solely for impeachment or rebuttal by 12:00noon two court days before trial. Parties may stipulate to exchange exhibits electronically. In the absence of a stipulation, the parties shall exchange hard copies of documentary exhibits.

CRITICAL

(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:

(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:

CRITICAL

Deadline

2 court days

Materials in strict reply must be served at least two court days before the hearing.

materials in strict reply shall be filed and served at least two (2) court days in advance.

CRITICAL

If color copies of photographs are provided to the Judge in courtesy copies, identical color copies must be provided to opposing parties or counsel.

Color copies of photos may be provided to the Judge in courtesy copies, but if color copies are provided, identical color copies shall be provided to opposing parties/counsel.

CRITICAL

Applies to

Proposed parenting plan

Unless already provided, each party must provide the other parent a proposed parenting plan at least 60 days before trial.

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

CRITICAL

When a party is self-represented, the blank affidavit or declaration attached to the motion must be served on the other party.

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 and served on the other party.

CRITICAL

Service

Email

Attorneys must accept service by email unless the Court orders otherwise upon a showing of good cause.

Attorneys shall accept service by email unless ordered otherwise by the Court on a showing of good cause.

CRITICAL

The parties must provide one copy of the proposed jury instructions to the opposing party.

The parties shall file the original proposed jury instructions with the Clerk and shall provide one (1) copy to the trial judge and one (1) copy to the opposing party.

CRITICAL

The department must serve the written review report on all counsel and parties at least ten days before the 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

Deadline

2 court days

The form must be served by noon two judicial days before trial.

NOTE: This form shall be filed and served by noon two judicial days before trial.

CRITICAL

Each party must give opposing parties numbered exhibit copies and an exhibit list 10 days before trial; hard copies must be exchanged unless the parties agree to exchange electronically only.

Each party must give the opposing party(s) a copy of their exhibits, marked with numbers in the lower right corner of each document, together with a copy of their exhibit list, 10 days before trial. The parties must exchange hard copies of exhibits unless they agree to exchange them electronically only (whether by e-mail, a shared drive, thumb drive, or otherwise).

CRITICAL

Applies to

Verified statement of assets and liabilities

In cases involving division of assets or debts, each party must serve the specified Verified Statement of Assets and Liabilities on the opposing party.

At least sixty (60) days prior to trial, each party shall serve on the opposing party: (2) 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.

CRITICAL

Parties must serve declarations on the opposing party and arrange service by e-mail or hand delivery before the hearing; they must also submit a court courtesy copy.

However, the parties must serve any declaration on the opposing party and submit a courtesy copy for the Court consistent with the Court’s LCRs. Parties should not assume that the opposing party will be present in person in the courtroom, and must arrange service prior to the hearing via e-mail or hand delivery.

CRITICAL

Applies to

Court document

If served documents omit the filing date, the serving party must notify the recipient of that date as soon as practical after filing.

If a party serves court documents that are otherwise fully conformed, but without the date of filing on the documents, the serving party shall notify the receiving party, as soon as practical after filing, of the date the served documents were filed.

CRITICAL

The petitioner must serve the temporary order on the respondent and file a declaration of service.

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

CRITICAL

Deadline

48 hours

A copy of a non-party’s settlement-conference attendance request must be provided to the other party at least 48 hours before the conference.

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

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

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

CRITICAL

A self-represented party who responds must serve copies on the other party’s attorney, or serve the other party if unrepresented.

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);

CRITICAL

Juvenile Court Services or the prosecuting attorney must notify the legally responsible person and provide necessary documents before the proceeding to assess costs, with notice to the parties five days in advance.

It shall be the duty of the Juvenile Court Services and/or the prosecuting attorney, to notify the parent or parents, guardian, or other person legally obligated to support the juvenile of this rule prior to said proceeding and to provide all necessary documents in order for such person to adequately prepare for said proceeding. Notice shall be provided to the parties five days in advance of any proceeding to assess costs.

CRITICAL

Unless made orally, a motion scheduled on the Juvenile Offender Motions Calendar must be served at least five court days before the hearing.

Motions including for substitution of counsel, for detention, to modify conditions of release or bond, and for violations of conditions of release or of the disposition, may be scheduled on the Juvenile Offender Motions Calendar, and unless made orally, must be filed and served at least 5 court days before the hearing, with responsive materials filed and served at least two court days before the hearing and any materials filed in strict reply filed at least 1 court day before the hearing.

CRITICAL

Facsimile service on an attorney or self-represented party is allowed only if the recipient makes a fax machine available at their residence or place of business.

Pleadings and such other papers may only be served by facsimile transmission upon a self-represented party or attorney if the intended recipient makes available a facsimile machine at the recipient’s residence or place of business.

CRITICAL

Substantive pretrial motions must be served at least nine court days before the hearing, unless the Court orders otherwise.

Such motions must be filed and served at least 9 court days prior to the hearing, with responsive materials filed and served at least 4 court days in advance, and materials in strict reply filed at least 2 court days in advance, unless otherwise ordered by the Court.

CRITICAL

Applies to

First periodic review filings

The required first-periodic-review documents must be served on all persons entitled to notice.

The following documents must be filed and served on all persons entitled to notice for your first periodic review following January 1, 2022:

CRITICAL

Before trial, each party must give the judge and the other party copies of all documents and other evidence the party intends to give the judge.

Before trial, each party must give the judge and the other party a copy of all of the documents and other evidence that you will give to the judge.

CRITICAL

Deadline

2 court days

Non-documentary exhibits must be made available for the opposing party to inspect at an agreed time at least two court days before trial.

Non-documentary exhibits shall be made available for inspection by the opposing party(s) at an agreed time at least two court days before trial.

CRITICAL

The Notification of Rights must be served on the person subject to the guardianship or conservatorship and all other persons entitled to notice within 30 days of the order.

3. ______________ shall serve the person subject to the guardianship/conservatorship and all other persons entitled to notice the Notification of Rights provided on the Washington pattern form or as otherwise provided by RCW 11.130.315, .425, & .655, within 30 days from the date of this order.

CRITICAL

Within 30 days after new letters of office issue, the Guardian/Conservator must serve the Notification of Rights on the protected person and all other persons entitled to notice.

(d) Within 30 Days of New Letters of Office Being Issued. Within 30 days of the new letters of office issuing, the Guardian/Conservator shall serve the person subject to the guardianship/conservatorship and all other persons entitled to notice the Notification of Rights provided on Washington pattern form GDN C 105 or as otherwise provided by RCW 11.130.315, .425, & .655.

CRITICAL

Deadline

5 court days

Procedural pretrial motions covered by the rule must be served at least 5 court days before the hearing, unless the court orders otherwise.

Motions brought pursuant to CrR 3.1 and 3.2, motions for competency evaluation, and other procedural pretrial motions, may be scheduled on the Criminal Motions Calendar, and unless made orally at a hearing, must be filed and served at least 5 court days before the hearing, with responsive materials filed and served at least two court days before the hearing and any materials filed in strict reply filed at least 1 court day before the hearing, unless otherwise ordered by the Court.

CRITICAL

Deadline

9 court days

Substantive pretrial motions covered by the rule must be served at least 9 court days before the hearing, unless the court orders otherwise.

Substantive pretrial motions such as motions in limine and motions brought pursuant to CrR 3.5 and 3.6 must be specially set prior to the first day of trial either though Superior Court Administration or pursuant to the omnibus order. Such motions must be filed and served at least 9 court days prior to the hearing, with responsive materials filed and served at least 4 court days in advance, and materials in strict reply filed at least 2 court days in advance, unless otherwise ordered by the Court.

CRITICAL

Applies to

Default judgment

After entry of an order, decree, or judgment by default, immediately provide the opponent a conformed copy and file an affidavit or declaration proving service with the Clerk.

If an order, decree or judgment has been entered by default, the prevailing party or the attorney representing the prevailing party shall immediately provide a conformed copy of the original order, decree or judgment, to the opponent or opponent’s attorney. An affidavit or declaration showing proof of service shall be filed with the Clerk.

CRITICAL

A declaration of service must be e-filed or filed as proof of service, regardless of how service was made.

A declaration of service is required to be e-filed or filed as proof of service regardless of service method.

CRITICAL

Deadline

5 court days

The notice of contested issues must be served no later than five court days before the hearing; good cause may excuse untimely notice, and the department’s permanency plan is excepted from the waiver provision.

After receipt of the department’s report, if a parent, child, guardian ad litem, or volunteer child advocate wishes to contest any issue, he or she must file serve a notice of contested issues no later than five (5) court days before the hearing.

CRITICAL

Each party must provide the trial brief or memorandum to opposing counsel or a self-represented party by the stated deadline.

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

Deadline

4 court days

Applies to

Opposing affidavits and responsive documents

Unless Civil Rule 59(c) provides otherwise, opposing affidavits and responsive documents must be served by 4 p.m. four court days before the hearing.

except as otherwise provided in Civil Rule 59(c), opposing affidavits and any other documents responsive to the motion shall be served no later than 4 p.m. four (4) court days prior to the hearing.

CRITICAL

Counsel shall file a Notice of Conflict Dates with the Clerk of the court and provide a copy to Superior Court Administration on or before 9 a.m. of the date set for trial assignment.

Counsel shall file a Notice of Conflict Dates with the Clerk of the court and provide a copy to Superior Court Administration on or before 9 a.m. of the date set for trial assignment.

CRITICAL

The defeated party must be served copies of proposed findings and conclusions before they are presented, subject to the stated emergency and nonappearance exceptions.

Following an oral or written decision of the Court, unless an emergency is shown to exist, or a party has failed to appear at the related hearing or trial, no party shall propose findings of fact or conclusions of law until the defeated party or parties have received at least 5 days' notice of the time and place of the submission, and have been served with copies of the proposed findings and conclusions.

CRITICAL

Deadline

2 court days

Copies of all required trial documents must be served on opposing counsel or a self-represented party by noon two court days before trial begins.

By noon two (2) court days prior to the date set for commencement of trial, all required documents shall be filed with the Clerk, copies served on opposing counsel or a self-represented party, and courtesy copies provided to the assigned judge.

CRITICAL

A party seeking an emergency order must notify the opponent or known counsel orally and in writing as soon as possible, unless good cause supports otherwise.

A party applying for an emergency order which will require or forbid the doing of some act shall notify the opponent or his or her counsel, if known, orally and in writing as soon as possible regardless of when pleadings are prepared and provided, unless good cause to the contrary is shown.

CRITICAL

A party may submit responsive exhibits, but must exchange them with an updated exhibit list at least two court days before trial.

Each party may elect to submit additional exhibits in response to those they received from the opposing party. Such responsive exhibits must be exchanged, with an updated exhibit list, at least 2 court days before the trial.

CRITICAL

Deadline

2 court days

Applies to

Strict reply affidavits and documents

Affidavits and other documents strictly replying to opposing affidavits must be served by 4 p.m. two court days before the hearing.

Affidavits and any other documents in strict reply to the opposing affidavits shall be served not later than 4 p.m. two (2) court days prior to the hearing.

CRITICAL

Hearing-related papers totaling more than 25 pages may be served by fax only with the intended recipient’s prior approval.

Pleadings and such other papers regarding any hearing which total more than twenty- five (25) pages in length may not be served by facsimile without prior approval of the intended recipient.

CRITICAL

Deadline

9 court days

Applies to

Written motion and hearing notice

A written motion that may not be heard ex parte and its hearing notice must be served at least nine court days before the hearing, unless another period is set by statute, local rule, or court order.

A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served no later than nine (9) court days before the time specified for the hearing, unless a different period is fixed by statute, these local rules, or by order of the court.

CRITICAL

Service

Electronic service

When e-service is permitted, parties must serve documents directly by email even if they also e-file them.

E-service requires service directly by email, even if the same documents are e-filed, in order to ensure timely service.