Thurston County Superior Court, Washington Service and Proof of Service Rules

CRITICAL

Applies to

Final pleadings

After final documents are entered by default in a family-law matter, the moving party or their attorney must immediately deliver or mail a conformed copy of all final pleadings to the other party’s last known address.

Following the entry of final documents by default in a family law matter, the moving party or attorney for the moving party shall immediately deliver or mail to the other party, at their last known address, a conformed copy of all final pleadings.

CRITICAL

A party objecting to court ADR must immediately notify all other parties.

Any party objecting to participation in the court’s ADR program shall immediately notify all other parties.

CRITICAL

The arbitrator must file the special expense award with the clerk and include proof of service on each party.

The arbitrator shall make a special award for such expenses and shall file such award with the clerk, with proof of service on each party.

CRITICAL

Each party must provide its expected-witness list to the other party by the date set in the Case Schedule Order.

(B) Each party shall provide to the other party and file with the clerk all of their expected witnesses on the required Witness List form by the date set in the Case Schedule Order.

CRITICAL

Deadline

6 business days

Motion briefs and supporting materials must be served at least six business days before the hearing, unless these rules provide otherwise or the court or a state-wide law or rule provides otherwise.

Briefs and all supporting documents shall be submitted on the following schedules, unless the court orders otherwise or a state-wide law or rule provides otherwise: Civil motions. Unless otherwise provided in these rules, briefs and all supporting materials for motions shall be filed and served before 5:00 p.m., at least six business days before the hearing.

CRITICAL

Serve every other attorney or self-represented party in the case with a numbered set of proposed instructions containing citations.

(B) To Attorneys: A set of instructions numbered and with citations shall be served on every other attorney or self-represented party appearing in the case.

CRITICAL

Deadline

3 business days

Opposing briefs and materials must be served three business days before the hearing, unless the court or a state-wide law or rule provides otherwise.

Briefs and all supporting documents shall be submitted on the following schedules, unless the court orders otherwise or a state-wide law or rule provides otherwise: Civil motions. Opposing briefs and materials shall be filed and served before 12:00 noon, three business days before the hearing.

CRITICALCivil cases

Copies of documents submitted for the court's consideration must be provided to all parties.

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

Certified order

If an order for immediate return of an exhibit is entered, a certified copy must be served on the attorney or other person involved.

A certified copy of such order, if entered, shall then be served upon the attorney or other person involved.

CRITICAL

Applies to

Petition

A copy of the Information for Persons Involved in a Custody Action form must be served with the Petition.

A copy of the form entitled Information for Persons Involved in a Custody Action shall be served with the Petition and included in the Return of Service.

CRITICAL

Deadline

15 calendar days

A petitioner’s reply brief in an administrative-agency appeal must be served no later than 15 calendar days before argument, unless the court or a state-wide law or rule provides otherwise.

Briefs and all supporting documents shall be submitted on the following schedules, unless the court orders otherwise or a state-wide law or rule provides otherwise: Appeals from administrative agency action. The petitioner’s reply brief shall be filed and served not later than 15 calendar days before argument.

CRITICAL

Deadline

45 calendar days

A petitioner’s brief in an administrative-agency appeal must be served no later than 45 calendar days before oral argument, unless the court or a state-wide law or rule provides otherwise.

Briefs and all supporting documents shall be submitted on the following schedules, unless the court orders otherwise or a state-wide law or rule provides otherwise: Appeals from administrative agency action. The petitioner’s brief shall be filed and served not later than 45 calendar days before oral argument.

CRITICAL

Applies to

Notice of issue

The Petitioner must serve the Respondent with the Orientation Notice of Issue when serving the Summons and Petition.

The Petitioner shall serve the Notice of Issue scheduling the Orientation on the Respondent at the time the Summons and Petition are served.

CRITICAL

Expert witnesses must be disclosed no later than the time of the discovery exchange.

(H) Expert witnesses shall be disclosed no later than at the time of the discovery exchange.

CRITICAL

Service

Mail

The Board must mail the final decision to the complaining person, the guardian ad litem or DGAL, and all parties in the underlying case.

The Board shall mail the final decision to the complaining person, the guardian ad litem or DGAL, and all parties in any underlying case.

CRITICAL

Deadline

2 business days

Respondents, defendants, and all other parties must serve a completed scheduling questionnaire two business days before the trial setting date by 12:00 p.m.

Respondents, defendants, and all other parties must file and serve any completed scheduling questionnaire two business days before the trial setting date by 12:00 p.m.

CRITICAL

Deadline

14 calendar days

In covered cases other than ballot title appeals and recall petitions, the plaintiff or petitioner must serve the specified notices and blank questionnaire on all defendants and respondents at least 14 calendar days before the trial setting date.

In all cases subject to this rule except ballot title appeals and recall petitions, the plaintiff or petitioner shall serve the notice of assignment, notice of trial setting, and a blank scheduling questionnaire to all defendants and respondents at least 14 calendar days before the trial setting date for the case.

CRITICAL

Applies to

Financial relief documents

The required financial declaration, tax returns, income statements, pay stubs, and applicable Support Schedule Worksheets must be served as well as filed.

(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

Case schedule order

A party who joins an additional party must serve that party with the current case schedule order and all other pleadings required by law.

Any party who joins an additional party to an action shall be responsible for serving the additional party with a current case schedule order, together with all other pleadings required by law.

CRITICAL

A party requesting court ADR must serve the notice and a copy of the rule on all parties, counsel, and the ADR Coordinator.

A party requesting to participate in the court’s ADR program shall serve a copy of the Notice of Request to Participate in ADR and a copy of this rule on all parties, counsel and the ADR Coordinator.

CRITICAL

In family law cases, each party must serve the Pre-Trial Report on the other party at least 30 days before the first day of the scheduled trial week.

(D) For family law cases, no less than 30 days prior to the first day of the week trial is scheduled to commence, each party shall file, serve on the other party, and provide to court administration a Pre-Trial Report on the prescribed form.

CRITICAL

Deadline

1 business days

In a recall petition, the petitioner must serve a completed scheduling questionnaire within one business day after filing the petition.

In a recall petition, the petitioner must file and serve any completed scheduling questionnaire within one business day of filing the petition.

CRITICAL

Deadline

1 business days

In a ballot title appeal, the petitioner must serve a completed scheduling questionnaire within one business day after filing the petition.

In a ballot title appeal, the petitioner must file and serve any completed scheduling questionnaire within one business day of filing the petition.

CRITICAL

The plaintiff must provide the clerk’s status-hearing notice to all parties; if the complaint or motion was served before filing, the plaintiff must provide it by delivery, mail, fax, or email within five days after filing.

(B) At the time the case is filed, the clerk’s office will provide the plaintiff with a notice setting a status hearing within 28 days or, if no date is available within twenty- eight days of the case being filed, the next available hearing date. The plaintiff shall provide this notice to all parties. If service of the complaint or motion is completed before the case is filed, the plaintiff shall provide the notice by delivery, mail, facsimile, or e-mail within five days after filing the case.

CRITICAL

A party may object that a case is not ready for a trial setting by filing and serving an objection no later than 12:00 noon, 3 business days prior to the date set on

A party may object that a case is not ready for a trial setting by filing and serving an objection no later than 12:00 noon, 3 business days prior to the date set on

CRITICAL

You are responsible for serving your documents on other parties when service is needed.

You will be responsible for serving your documents on other parties, if needed.

CRITICAL

Deadline

25 calendar days

A respondent’s brief in an administrative-agency appeal must be served 25 calendar days before oral argument, unless the court or a state-wide law or rule provides otherwise.

Briefs and all supporting documents shall be submitted on the following schedules, unless the court orders otherwise or a state-wide law or rule provides otherwise: Appeals from administrative agency action. The respondent’s brief shall be filed and served 25 calendar days before oral argument.

CRITICAL

Parties must exchange and discuss exhibits for possible stipulation and provide an opportunity to review them, even if the documents were produced in discovery.

Each party shall provide opposing parties an opportunity to review all exhibits to be offered. All parties shall review exhibits to determine which may be admitted by stipulation. Parties must exchange exhibits and discuss which may be admitted by stipulation even if the documents were produced under the mandatory discovery rules, set forth in LSPR 94.03D(a)(4).

CRITICAL

If the Summons and Petition are served before the initial pleading is filed, the Case Schedule Notice must be served no later than five days after the clerk files it.

if the party filing the initial pleading serves another party with the Summons and Petition before filing the initial pleading with the court, the party filing the initial pleading shall serve the other party with the Case Schedule Notice no later than 5 days after the Case Schedule Notice is filed by the clerk.

CRITICAL

Applies to

Motion for continuance

A motion to continue trial must be served at least ten calendar days before the trial date.

A motion to continue a trial must be timely filed and served not less than ten calendar days before the trial date.

CRITICAL

Deadline

14 calendar days

A counterclaimant or cross-claimant must serve all responsive parties at least 14 calendar days before the trial setting date.

A counterclaimant or cross-claimant shall also serve all responsive parties to the counterclaim or cross-claim at least 14 calendar days before the trial setting date for the case.

CRITICAL

Applies to

Summary judgment notice and rules

A represented party moving for summary judgment against a pro se party must serve the required notice and copies of CR 56 and LCR 56.

Any represented party moving for summary judgment against a party proceeding pro se at the time the summary judgment motion was filed shall serve and file as a notice entitled “What is a Summary Judgment Motion? Notice for Parties Who Do Not Have a Lawyer” with the papers in support of the motion. This notice shall be on a form approved by the court and available on the court’s website. The represented party shall also serve a copy of CR 56 and LCR 56.

CRITICAL

A party who joins or intervenes must serve the current Case Schedule Notice on the additional party with the first pleading served on that party.

A party who joins an additional party or intervenes in an action shall serve the additional party with the current Case Schedule Notice together with the first pleading served on the additional party.

CRITICAL

Recall-petition briefs must be served according to the deadlines for the opening, response, and reply briefs.

Briefs in recall petitions shall be filed and served on the following schedule: the recall proponent’s opening brief is due by 5:00 p.m. three business days after the petition is filed, response briefs are due at noon six business days after the petition is filed, and the proponent’s reply brief is due at noon seven business days after the petition is filed.

CRITICAL

A copy of the ADR Report must be provided to the assigned department’s judicial assistant and the ADR Coordinator.

A copy of the ADR Report shall be provided to the judicial assistant of the assigned judicial department and to the ADR Coordinator.

CRITICAL

The pretrial services report must be provided to the prosecuting attorney’s office, assigned judicial officer, and Public Defense for the court-appointed or retained attorney; the rule does not specify a delivery method.

A report shall be filed and provided to the prosecuting attorney’s office, the assigned judicial officer, and to the Thurston County Public Defense for the court-appointed attorney or any retained attorney.

CRITICAL

Deadline

1 business days

In a ballot title appeal, the petitioner must serve the specified notice and blank questionnaire on the attorney general and, when applicable, the measure's sponsor within one business day after filing the petition.

In a ballot title appeal, the petitioner shall serve a “notice of ballot title appeal deadlines” and a blank ballot title scheduling questionnaire within one business day of filing the petition to the attorney general and to the person proposing the measure (i.e., the sponsor) if the appeal is initiated by someone other than that person.

CRITICAL

Unless the court orders otherwise, proposed jury instructions must be served by noon one business day before trial.

Unless otherwise ordered by the court, proposed jury instructions shall be filed and served no later than noon, one business day before trial.

CRITICAL

Applies to

Proposed jury instructions

A numbered set of proposed instructions with citations must be served on each other attorney or pro se party appearing in the case.

A set of instructions numbered and with citations shall be served on each other attorney or pro se party appearing in the case.

CRITICAL

Notice of an attorney’s motion to withdraw for ethical issues must be given to all involved parties; the rule does not specify a service method.

In cases where an attorney is attempting to withdraw because of ethical issues, a motion must be made and notice given to all involved parties.

CRITICAL

Deadline

5 business days

In all cases subject to this rule except for ballot title appeals and recall petitions, the plaintiff or petitioner must file and serve any completed scheduling questionnaire five business days before the trial setting date.

In all cases subject to this rule except for ballot title appeals and recall petitions, the plaintiff or petitioner must file and serve any completed scheduling questionnaire five business days before the trial setting date.

CRITICAL

Service

Mail

The guardian ad litem or DGAL must mail a copy of the response to the complaining person.

The guardian ad litem or DGAL shall mail a copy of the guardian ad litem’s response to the complaining person.

CRITICAL

Ballot-title appeal briefs must be served according to the deadlines for the opening, response, and reply briefs.

Briefs in ballot title appeals shall be filed and served on the following schedule: the petitioner’s opening brief is due by 5:00 p.m. three business days after the petition is filed, response briefs are due at noon six business days after the petition is filed, and the reply brief is due at noon seven business days after the petition is filed.

CRITICAL

The specified proposals and trial brief must be served on opposing counsel or the self-represented party by noon two court days before the trial week.

These proposals as well as a trial brief shall be filed with the clerk, submitted as a judge’s copy to court administration, and served on opposing counsel or self-represented party by 12:00 p.m., 2 court days prior to the week of trial.

CRITICAL

Deadline

4 business days

Respondents, sponsors, and all other parties must serve a completed scheduling questionnaire four business days after the petition is filed.

Respondents, sponsors, and all other parties must file and serve any completed scheduling questionnaire four business days after the petition was filed.

CRITICAL

Applies to

Notice of assignment and scheduling questionnaire

The plaintiff or petitioner must serve the notice of assignment and a blank scheduling questionnaire on all defendants and respondents under LCR 40.

The plaintiff or petitioner must serve a copy of this notice of assignment and a blank scheduling questionnaire on all defendants and respondents in accordance with LCR 40.

CRITICAL

The petition for judicial review must be served on the Superior Court Administrator, all parties to the underlying action, the complaining person, and the guardian ad litem or DGAL.

Judicial review of a Board decision must be commenced by filing a petition for judicial review with the clerk of the court and serving the petition on the Superior Court Administrator, all parties to the underlying action, the complaining person, and the guardian ad litem or DGAL. Filing and service must be obtained within 20 days of the mailing date of the final decision by the Board.

CRITICAL

Deadline

1 business days

In a recall petition, the petitioner must serve the specified notice and blank questionnaire on the recall proponent and the officer subject to recall within one business day after filing the petition.

In a recall petition, the petitioner shall serve a “notice of recall petition deadlines” and a blank recall petition scheduling questionnaire within one business day of filing the petition to the person who filed the statement of charges (i.e., the recall proponent) with the elections officer and the officer subject to recall.

CRITICAL

Deadline

2 business days

Trial briefs must be served at least two business days before trial, unless the court or a state-wide law or rule provides otherwise.

Briefs and all supporting documents shall be submitted on the following schedules, unless the court orders otherwise or a state-wide law or rule provides otherwise: (i) Trial briefs. Trial briefs shall be filed and served at least two business days before trial.

CRITICAL

Deadline

4 business days

The officer subject to recall, proponents, and all other parties must file and serve any completed scheduling questionnaire four business days after the petition was filed.

The officer subject to recall, proponents, and all other parties must file and serve any completed scheduling questionnaire four business days after the petition was filed.