Thurston County Superior Court, Washington Document Filing Requirements

CRITICAL

Applies to

Family law trial selection form

The parties must complete and file a Family Law Trial Selection Form by the date in the Case Schedule Order.

(A) The parties shall fill out and file a Family Law Trial Selection Form by the date set in the Case Schedule Order.

CRITICAL

Applies to

Adr statement

Each party must deliver a concise statement of relevant factual and legal issues to the facilitator and other parties at least three days before ADR, except for specified mediations.

At least three days before the ADR session, each party shall deliver to the facilitator and all other parties or counsel a statement containing a concise discussion of all relevant factual and legal issues presented by the lawsuit. Written statements are not required for mediations conducted by the Thurston County Dispute Resolution Center.

CRITICAL

Applies to

Complaint

GAL complaints about registry or appointment matters must be in writing and addressed to the Superior Court Administrator.

Complaints from GALs regarding registry or appointment matters shall be made in writing and be addressed to the Superior Court Administrator.

CRITICAL

Applies to

Judge copy pleading

A judge’s copy of a pleading must identify itself as a judge’s copy and state the hearing date, time, and judge or calendar in the prescribed format at the top left of the first page; a nonconforming document may not be delivered for consideration.

Each judge’s copy of a pleading shall be identified as the judge’s copy and shall identify the date, time, and the judge before whom or the calendar on which the matter is scheduled to be heard, in substantially the following format in the top, left-hand corner of the first page. If the document does not meet these guidelines, it may not be delivered to the judge for consideration: Hearing date: Hearing time: Judge/Calendar:

CRITICAL

Applies to

Pretrial report

Parties must use the court’s Pre-Trial Report form.

Parties shall use the court’s Pre-Trial Report form.

CRITICAL

Applies to

Criminal history release order

When a Guardian ad Litem is appointed for a minor in a family law case, the court must enter the specified criminal-history and CPS-records release order.

In all family law cases in which a Guardian ad Litem is appointed for a minor, the court shall enter an Order Authorizing Release of Criminal History Records and CPS Records to Guardian ad Litem (Criminal History Release).

CRITICAL

Applies to

Appellate case scheduling

An appellate-capacity case is ready for scheduling only after the record is delivered to the clerk or the appellant certifies that the record before the court is complete.

Cases in which the court is sitting in an appellate capacity are ready to be scheduled only after the appellate record has been delivered to the clerk or the appellant certifies that the record at this court is complete.

CRITICAL

Applies to

Motion

Entry of a Parenting Plan in a concurrent case requires filing a proper motion in a Title 26 RCW action.

Entry of a Parenting Plan in any concurrent case shall be conditioned upon the filing of a proper motion in a Title 26 RCW action.

CRITICAL

Applies to

Brief

Each brief must identify the submitting party and use the prescribed title for an opening, responding, or reply brief.

Briefs shall be titled with the submitting party’s designation (e.g., plaintiff, defendant) and (A) “Opening Brief” or “Brief in Support of Motion . . .”; (B) “Responding Brief” or “Brief Opposing Motion . . .”; or (C) “Reply Brief.”

CRITICAL

Applies to

Judge copy subsequent brief

A judge’s copy of a subsequent brief must attach any additional cited portions of the administrative record.

Judge’s copies of subsequent briefs shall attach any additional portions of the administrative record that are cited.

CRITICAL

Applies to

Motion to seal

Must include

proposed order

When filing a motion to seal, the moving party must contemporaneously file a proposed order and an affidavit with a redacted copy of the subject documents as an exhibit; these filings remain public and unsealed.

Contemporaneously with filing a motion to seal, the moving party shall file a proposed order and an affidavit with a redacted copy of the subject document(s) as an exhibit. The motion to seal, proposed order, and affidavit, including redacted documents, are not sealed and shall be part of the public case record.

CRITICAL

Applies to

Ex parte order

Must include

proposed order

Ex parte orders presented for entry must include a written motion, supporting documents, and a proposed order.

Ex parte orders presented for entry must be accompanied by a written motion, supporting documents and a proposed order.

CRITICAL

Applies to

Verbatim report order

An order for a verbatim report of proceedings must be written and timely.

An order for verbatim report of proceedings shall be in writing and shall be timely.

CRITICAL

Applies to

Every document

Every document, including electronic judge’s copies sent to the Clerk’s Office, must contain the specified information and format at the top left of the first page.

Every document, including electronic judge’s copies sent to the Clerk’s office, shall contain all of the following information in the following format on the top left-hand corner of the first page per local court rule (LCR) 10.

CRITICAL

Applies to

Administrative record

The first volume of an administrative record must include a table of contents.

The record shall be separated into volumes not to exceed 50 MB, and the first volume shall include a table of contents of the administrative record.

CRITICAL

Applies to

Family law trial submissions

Family-law trial parties must prepare the specified asset division, financial declaration and supporting materials, child support worksheets, and parenting plan when the stated issues are in the case.

In all dissolution and legal separation trials where property or liabilities are at issue, each party shall submit a proposed division of assets and liabilities. In any family law matter where child support, maintenance, attorney fees, or costs are at issue, each party shall prepare a current Financial Declaration (Washington Pattern Form FL All Family 131), attaching, if necessary, the materials the pleadings identified in LSPR 94.03B(b)(5) regarding motion practice (LSPR 94.03B). If child support is at issue, each party shall prepare the Washington State Child Support Worksheets. In any family law matter where a parenting plan is at issue, each party shall prepare a proposed Parenting Plan (Washington Pattern Form FL All Family 140).

CRITICAL

Applies to

Termination petition response

Parents or other respondents must respond to a termination petition in accordance with LJuCR 3.6.

The parents or other respondents shall respond to a petition for termination in accordance with LJuCR 3.6.

CRITICAL

Applies to

Remote hearing participation

Must include

proposed order

A party appearing remotely must provide a proposed order, as parties appearing in person must.

A party who attends a hearing remotely has the same duties as parties who appear in person, including the duties to provide judges’ copies of pleadings and to provide a proposed order.

CRITICAL

Applies to

Order

When a GAL is appointed, an order must set a hearing to review the GAL report.

When a Guardian ad Litem is appointed, an order shall be entered setting a court hearing to review the Guardian ad Litem report.

CRITICAL

Applies to

Response to trial setting form

The responding party must file a Response to Trial Setting form at least seven days before the administrative-calendar date.

The party responding to the Request for Trial Setting form must file a Response to Trial Setting form at least 7 days before the date set on the administrative calendar.

CRITICAL

Applies to

Response

A response must address each petition allegation by admitting or denying it, or state that the respondent lacks sufficient knowledge or information to form a belief about its truth.

The response shall specifically address and admit or deny each allegation in the petition or indicate there is not sufficient knowledge or information to form a belief as to the truth of the allegation.

CRITICAL

Applies to

Motion

If the court orders a pre-trial conference, attorneys and parties must attend unless excused in advance; a party seeking to be excused must file a motion to be heard on the judge’s motion calendar.

If the court orders a pre- trial conference, all attorneys and parties are required to attend, unless the court excuses their attendance in advance. Parties wishing to be excused from attending the pre-trial conference must file a motion to be heard on the judge’s motion calendar.

CRITICALCivil cases

Applies to

Document

Documents submitted for the court's consideration must be filed with the Clerk's office.

Any document you want the court to consider needs to be filed with the Clerk's office and copies provided to all parties and you must provide a judge's copy to Court Administration.

CRITICAL

Applies to

Order waiving mediation

An Order Waiving Mediation must be granted and filed before the case is set for trial.

An Order Waiving Mediation shall be granted and filed with the court prior to the case being set for trial.

CRITICAL

Applies to

Notice of withdrawal

When counsel withdraws without substitute counsel, the CR 71 notice of withdrawal must notify the party of the responsibility to attend Orientation.

If an attorney withdraws from a case without substitution of new counsel, then the notice of withdrawal under CR 71 shall provide notice of the party’s responsibility to attend the Orientation.

CRITICAL

Applies to

Proposed jury instructions

(i) a set of instructions numbered and with citations and a set of instructions without numbers and citations in electronic format submitted via e-mail to the judicial assistant, preferably in Word for Windows format, with all proposed instructions in a single computer file;

(i) a set of instructions numbered and with citations and a set of instructions without numbers and citations in electronic format submitted via e-mail to the judicial assistant, preferably in Word for Windows format, with all proposed instructions in a single computer file;

CRITICAL

Applies to

Proposed jury instructions

Proposed jury instructions must be submitted to the judge.

Proposed jury instructions shall be submitted to the judge

CRITICAL

Applies to

Proposed order

File the proposed order separately; a cover sheet is optional, and the order itself should omit “proposed” and be ready for the judge’s signature.

File your proposed order as a separate document, not as part of a motion or other filing. You may include a cover sheet with the case caption and the title “Proposed Order.” The order itself should not include the word “proposed” and should be ready for the judge’s signature.

CRITICAL

Applies to

Proposed order

Prepare a motion, declaration (if needed), and proposed order. You should make at least one set of copies for filing, and another for your records. File your proposed order as a separate document, not as part of a motion or other filing. You may include a cover sheet with the case caption and the title “Proposed Order.” The order itself should not include the word “proposed” and should be ready for the judge’s signature.

Prepare a motion, declaration (if needed), and proposed order. You should make at least one set of copies for filing, and another for your records. File your proposed order as a separate document, not as part of a motion or other filing. You may include a cover sheet with the case caption and the title “Proposed Order.” The order itself should not include the word “proposed” and should be ready for the judge’s signature.

CRITICAL

Applies to

Probate homestead vouchers

A surviving spouse’s petition for allowance in lieu of homestead must be accompanied by vouchers showing the specified expenses were paid or provided for.

In all cases where a petition for allowance in lieu of homestead is filed by the surviving spouse, vouchers showing payment of funeral expenses, expenses of last sickness and of administration including fees of appraisers, or that such payment has been provided for, must be filed at or before the time of the hearing.

CRITICAL

Applies to

Notice to strike or continue

If a scheduled hearing will not take place, the party who scheduled it must promptly file a notice to strike or continue with the clerk’s office.

If the hearing will not take place, the party who scheduled the hearing must promptly file a notice to strike or continue the hearing with the clerk’s office

CRITICAL

Applies to

Financial relief motion

A party applying or responding to an application for financial relief must submit the completed financial declaration, specified tax returns and income records, and, for child-support applications, appropriate Support Schedule Worksheets.

(5) A party applying for or responding to an application for child support, maintenance, attorney’s fees, or other financial relief must serve and file with the motion a completed mandatory financial declaration form. The party shall also file and serve complete individual (or joint) tax returns for the past two calendar years together with all schedules, 1099’s, W-2s, and similar statements of income; complete partnership and/or corporate tax returns for the past two years together with all schedules and attachments for all partnerships and corporations in which a party has had an interest of five per cent or greater; and all pay stubs showing income for the past six months or since January 1 of the current calendar year, whichever period is longer. If applying for child support, the party shall also prepare, serve, and file Support Schedule Worksheets as appropriate.

CRITICAL

Applies to

Shortened agency record

Parties are encouraged to stipulate to a shortened agency record, which, when stipulated to under the cited statute, must meet the stated content requirements.

Parties are encouraged to stipulate to shorten the agency record for purposes of judicial review under RCW 34.05.566 and General Order of Division II number 2018-1. If stipulated to by the parties under RCW 34.05.566(4), appeals from agency orders to the appeals courts shall be supported by shortened agency records. The shortened agency record shall: (i) Contain minimal duplication. Duplicate records should be limited to those necessary for review; (ii) Contain no copies of prior briefing, unless necessary to resolve the issues on review; (iii) Contain all oral and written rulings that are the subject of review; and (iv) Otherwise include all materials necessary for judicial review.

CRITICAL

Applies to

Pleading and other documents

Self-represented parties must provide specified contact and service information on every pleading and other document, with a reasonable alternative for personal service if they cannot provide a physical address.

(c) Required Information. Each party appearing pro se (i.e., self-represented without an attorney) must state on every pleading and other documents submitted to the court or filed with the clerk: (1) a telephone or message number, (2) a mailing address where materials may be sent to the party, (3) a physical address where service may be made on that party; and (4) their email address if the person has one. The designation of a post office box, mail stop, or the like shall not be sufficient. If the party cannot provide a physical address, then the party must provide a reasonable alternative to personal service, such as a fax number at which the party agrees to accept service.

CRITICAL

Applies to

Notice of objection

The requesting party must file a notice of objection if the parties do not resolve an ADR objection.

If the objection is not resolved between the parties within 14 days from the notice of the Request to Participate in ADR, the requesting party shall promptly file a notice of objection and schedule a hearing on the assigned judge’s civil motion calendar.

CRITICAL

Applies to

Bail bond

When the bail bond agent has not previously justified qualification, the bond must be submitted to and approved by the Presiding Judge or the judge’s designee.

Anyone seeking to provide bond for a defendant in any case where the bail bond agent has not previously justified qualification, the bond must be submitted to and approved by the Presiding Judge or the judge’s designee.

CRITICAL

Applies to

Settlement proposal

Settlement proposals may not be submitted to the court or mentioned in argument until the court has ruled on all other issues.

However, these settlement proposals shall not be submitted to the court or referred to in argument until a ruling on all other issues has been rendered.

CRITICAL

Applies to

Motion

A complaining party bringing the motion during or after filing a Board complaint must disclose the status of the Board’s involvement to the court.

If such a motion is brought by the complaining party during or after a complaint has been filed with the Board, the party shall disclose to the court the status of the Board’s involvement.

CRITICAL

Applies to

Notice of hearing

When filing a motion for revision, the moving party must schedule a hearing by filing a notice of hearing.

At the time a motion for revision is filed, the moving party shall schedule a hearing by filing a notice of hearing.

CRITICAL

Applies to

Will

If a purported will is found in the safety deposit box, the custodian must deliver it to the County Clerk.

If a document purporting to be a will of the deceased is found, the custodian of such safety deposit box shall deliver the same to the County Clerk.

CRITICAL

Applies to

Final orders and accompanying documents

Final family-law orders and accompanying documents must be reviewed for form and completeness by a legal professional before presentation, subject to the stated fee-waiver-motion, court-order, and Guardian ad Litem exceptions.

All final decrees, final orders and any accompanying Findings of Fact/Conclusions of Law, Parenting Plans, Child Support Orders and Worksheets for family law cases shall be reviewed for form and completeness by a legal professional before presentation to a judicial officer. “Legal professional” means an attorney, Limited License Legal Technician, courthouse facilitator, or a legal aid volunteer. Motions for fee waivers may be presented ex parte without first being reviewed by a legal professional. The court may also waive the requirement of review by a legal professional and the courthouse facilitator fee through a court order. The Guardian ad Litem’s approval of the parenting plan shall meet the review requirement for the parenting plan.

CRITICAL

Applies to

Declaration

If the proposed time is the requesting party’s only availability, the Declaration must explain why.

If the proposed time is the only availability, please provide all the information explaining why in the Declaration.

CRITICAL

Applies to

Motion for revision

A party moving for revision must provide the commissioner-hearing transcript unless the party presented proposed findings of fact and conclusions of law supporting the order or judgment and there was no live testimony; specified child-support forms may constitute those findings and conclusions.

A party moving for revision must provide a copy of the transcript of the hearing before the court commissioner, unless: (i) they have presented to the court commissioner proposed findings of fact and conclusions of law to support the order or judgment (The Administrative Office of the Court-approved form Order of Child Support and Child Support Worksheets may constitute findings of fact and conclusions of law for motions for revision on issues of child support); and (ii) there was no live testimony heard before the court commissioner.

CRITICAL

Applies to

Stipulation

A stipulation extending the discovery deadline must include the quoted provision stating that the extension cannot be asserted as a basis for continuing the established trial date.

The discovery deadline may be extended by written stipulation of all parties for an additional period not to exceed 14 days, provided that the stipulation contains the following provision: “No party may assert this extension of the Discovery Cutoff as a basis for a continuance of the established trial date.”

CRITICAL

Applies to

Remote appearance motion

When remote participation is not generally permitted, a party seeking a remote appearance must file a timely motion.

In other cases, a party who seeks to request a remote appearance shall file a timely motion.

CRITICAL

Applies to

Ada accommodation response

Responses that materially affect proceedings in an active case must be filed.

All responses that materially impact proceedings in an active court case will be filed.

CRITICAL

Applies to

Uncontested dissolution hearing documents

At an uncontested dissolution hearing, documents to be signed must be presented to the court, and signed documents must be filed with the clerk.

At the time of hearing of an uncontested dissolution case, the necessary documents to be signed must be presented to the court for signature. If signed, they shall be filed with the clerk.

CRITICAL

Applies to

Final order

When neither party has an attorney, brief testimony is required before entry of the listed final family-law orders.

In cases in which neither party is represented by an attorney, brief testimony shall be required before entry of a Final Divorce Order (Dissolution Decree), Final Legal Separation Order (Decree), Invalid Marriage Order (Annulment Decree) or Valid Marriage Order (Decree), Final Order Ending Registered Domestic Partnership (Dissolution Decree)/Legal Separation Order/Invalid Registered Domestic Partnership Order (Annulment Decree), Valid Registered Domestic Partnership Order, Final Order and Findings for a Parenting Plan and/or Child Support, Minor Guardianship Findings and Order, or a Final Parentage Order.

CRITICAL

Applies to

Summons and petition for dissolution

The clerk may not accept the Summons and Petition for Dissolution unless the Orientation Notice of Issue is filed at the same time or Orientation attendance has been excused.

The Summons and Petition for Dissolution shall not be accepted for filing by the clerk, unless the Notice of Issue scheduling the Orientation for both parties is filed at the same time or attendance at Orientation has been excused under section (b) of this rule.

CRITICAL

Applies to

Proposed order

Prepare the motion, any needed declaration, and a separate proposed order; the order may have a cover sheet but must omit “proposed” from the order itself and be ready for the judge’s signature.

Prepare a motion, declaration (if needed), and proposed order. File your proposed order as a separate document, not as part of a motion or other filing. You may include a cover sheet with the case caption and the title “Proposed Order.” The order itself should not include the word “proposed” and should be ready for the judge’s signature.