San Juan County Superior Court Service and Proof of Service Rules

CRITICAL

When a case involves a request for child support, maintenance, or attorney’s fees, each party must serve the Financial Declaration on the opposing party at least 60 days before trial.

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

Facsimile transmitted papers

After faxing a pleading or other paper, the transmitting party must mail or deliver a copy to the recipient by the next day.

The transmitting party shall mail or deliver a copy of the transmitted pleading or other paper to the recipient of the facsimile transmission by the next day.

CRITICAL

Deadline

3 court days

If a parent, child, guardian ad litem, or volunteer child advocate wishes to contest placement of a child during shelter care or any service ordered at the shelter care hearing, he or she must file and serve on all parties and counsel a notice of contested issues no later than three (3) court days before the 30-day shelter care review hearing.

If a parent, child, guardian ad litem, or volunteer child advocate wishes to contest placement of a child during shelter care or any service ordered at the shelter care hearing, he or she must file and serve on all parties and counsel a notice of contested issues no later than three (3) court days before the 30-day shelter care review hearing.

CRITICAL

If a GAL or parenting evaluator is appointed, each party must provide copies of specified child- or parenting-related exhibits in the manner requested by the GAL or evaluator.

If the Court has appointed a GAL or parenting evaluator, each party must provide copies of all of their exhibits related to their children or their proposed parenting plan, including declarations, proposed parenting plan, child support worksheets and proposed order, substance use evaluations or treatment records, school records, etc., to the GAL or parenting evaluator in the manner that the GAL or parenting evaluator has asked to receive such documents.

CRITICAL

Deadline

4 court days

Responsive materials must be served at least four court days before the hearing.

Responsive materials shall be filed and served at least four (4) court days in advance

CRITICAL

If the plans have not already been served, they must be served on all persons entitled to notice within 90 days from the date 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

Faxed papers are received when the recipient’s machine registers the last page, subject to next-day rules after 5 p.m. or a stated deadline; an incomplete transmission is not received.

A pleading or such other paper transmitted by facsimile shall be deemed received at the time the recipient’s facsimile machine registers the transmission of the last page. If that time is after 5 p.m., the pleading or other paper shall be deemed received the following day. If a pleading or other paper is received after any time set forth as a deadline herein, and prior to the next day, the pleading or other paper shall be deemed received the following day. If a pleading or other paper is not completely transmitted, it shall not be considered received.

CRITICAL

Applies to

Financial declaration

In cases involving a request for child support, maintenance, or attorney’s fees, each party must serve a Financial Declaration on the opposing party.

At least sixty (60) days prior to trial, each party shall serve on the opposing party: (1) A Financial Declaration, using (FL All Family 131), in all cases involving a request for child support, maintenance or attorney’s fees.

CRITICAL

The non-moving party must receive the written notice at least ten days before the motion for default and attorney fees is filed.

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.

WARNING

Unless made orally at a hearing, motions and supporting materials shall be filed and served with the requisite time as set forth below.

Unless made orally at a hearing, motions and supporting materials shall be filed and served with the requisite time as set forth below.

WARNING

For exhibits presented at the hearing, parties must provide a court courtesy copy and serve the opposing party by e-mail or hand delivery before the hearing; providing copies only at the hearing is insufficient, and failure to provide them in advance may lead to exclusion or delay.

The parties also may present documentary exhibits at the hearing, provided that they provide a courtesy copy to the Court and serve the opposing party with a copy by e-mail or hand delivery prior to the hearing. Providing hard copies at the hearing is not sufficient because the opposing party may appear by video or telephone. If copies of exhibits are not provided to the opposing party in advance, the exhibits may not be admitted or the hearing may be delayed or rescheduled.

WARNING

A show-cause hearing may be held to address delinquency in an assessment and available sanctions, provided timely notice is given to the delinquent person or agency.

A show cause hearing with timely notice by Juvenile Court Services or the prosecuting attorney to the delinquent person or agency may be held to inquire into the delinquency of the assessment and the sanctions available under RCW 13.16.085 and RCW 13.40.145.

WARNING

Service

Court service to all parties

Superior Court Administration must promptly transmit the documents to the parties under LCR 77(u).

Superior Court Administration shall promptly transmit the documents to the parties pursuant to LCR 77(u).

WARNING

At the trial court’s discretion, a person who failed to appear after notice may be deemed to have waived notice of presentation or prior review of proposed findings and conclusions.

Persons who have failed to appear at a hearing or trial after notice, may, in the discretion of the trial court, be deemed to have waived their right to notice of presentation or previous review of the proposed findings and conclusions.

WARNING

Service

Mail

If no email address has been provided, the Court will mail decisions to the address in the notice of appearance or another pleading.

If no e-mail address has been provided, the Court will mail the decision(s) to the mailing address provided in your notice of appearance or other pleading.

WARNING

Service

Electronic service

The e-service provisions do not apply when personal service is legally required or when an unrepresented recipient has not registered or agreed to accept e-service.

This subsection does not apply when a statute or rule requires that a document be personally served on the receiving party or when the receiving party is not represented by an attorney and has not registered or otherwise agreed to accept e-service.

WARNING

Service

Email

The Court will email decisions to a party or attorney who has provided an email address through one of the stated means.

Anytime a party or attorney has provided an e-mail address to the Court, whether in a notice of appearance, the signature block of a pleading, by a direct e-mail communication to the Superior Court Administration staff agreeing to receive documents by e-mail, by e- filing with the Clerk, or by providing the Judge on the record with an e-mail address at which to receive documents, the Court will send the decision(s) by e-mail.

INFO

No attorney or party is required to have a fax machine.

Nothing in this rule or other rule allowing service by facsimile transmission shall require an attorney or party to have a facsimile machine.

INFO

Service

Email

The parties may modify the email-service rule by written stipulation, including by agreeing not to use email service.

The parties may modify the email service rule contained herein by written stipulation, including to agree that email service shall not be used.

INFO

Service

Mail

The order may be served by mail.

This order may be served by mail.

INFO

Applies to

Papers other than summons and other process

Papers other than summonses and other process may be served by facsimile under the stated conditions.

Service of all papers other than the summons and other process may be made by facsimile transmission as follows:

INFO

Service

Email

E-mail service is permitted as provided by LCR 5(l).

E-mail service as provided by LCR 5(l) is permitted.

INFO

Service

Email

An unrepresented party may register an email address through the Clerk’s e-filing system or agree in writing to email service.

A party who is not represented by an attorney may register their e-mail address via the Clerk’s e-filing system, and/or may otherwise agree to email service in writing.