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

CRITICAL

Notice of a lawyer’s substitution must be given to all other attorneys of record and the client; the rule does not specify a service method.

Notice must be given to all other attorneys of record and the client.

CRITICAL

The requesting party must serve the Request to Participate in ADR and provide a copy to the ADR Coordinator.

In the event the court’s ADR program is chosen and identified in the Case Schedule Order, at any time, but no later than 60 days before the ADR deadline, the requesting party shall request that the ADR Coordinator assign a facilitator from the panel maintained by the court by filing and serving a Request to Participate in ADR and providing a copy to the ADR Coordinator.

CRITICAL

If a case is settled after it has been assigned to an arbitrator, it shall be the duty of the attorneys or of any party appearing pro se to notify the court and arbitrator promptly of the settlement. Notice of settlement shall be in writing to the arbitration coordinator within 10 business days of the settlement, with a copy to the arbitrator and the assigned judge.

If a case is settled after it has been assigned to an arbitrator, it shall be the duty of the attorneys or of any party appearing pro se to notify the court and arbitrator promptly of the settlement. Notice of settlement shall be in writing to the arbitration coordinator within 10 business days of the settlement, with a copy to the arbitrator and the assigned judge.

CRITICAL

Deadline

2 court days

Applies to

Reply document

Reply documents must be served before noon two court days before the motion calendar day.

(3) All reply documents must be filed and served before noon, two court days preceding the motion calendar day (for example, by noon Friday for a Tuesday calendar). Upon objection, or at the discretion of the Court, late filing of responding and reply documents may result in striking the documents or a continuance and terms, or any other sanction that may be deemed appropriate by the Court.

CRITICAL

When filing the award, the arbitrator must return each exhibit to the party that offered it at the hearing.

When an award is filed, the arbitrator shall return all exhibits to the parties who offered them during the hearing.

CRITICAL

Deadline

3 court days

All responding documents must be served before noon three court days before the motion calendar day.

(2) All responding documents must be filed and served before noon three court days before the motion calendar day (for example, by noon Thursday for a Tuesday calendar).

CRITICAL

Applies to

Notice of hearing for civil motions

A party may also obtain a trial setting date by filing and serving the clerk’s form for notice of hearing for civil motions (selecting “Trial Setting under LCR 40”) and scheduling questionnaires in the following situations: (i) when the court has struck a trial setting date under section (7) and the case is now ready to be scheduled; (ii) when a judge has ordered a trial continuance or otherwise stricken the case schedule order; or (iii) when the clerk did not issue a trial setting date.

A party may also obtain a trial setting date by filing and serving the clerk’s form for notice of hearing for civil motions (selecting “Trial Setting under LCR 40”) and scheduling questionnaires in the following situations: (i) when the court has struck a trial setting date under section (7) and the case is now ready to be scheduled; (ii) when a judge has ordered a trial continuance or otherwise stricken the case schedule order; or (iii) when the clerk did not issue a trial setting date.

CRITICAL

Applies to

Notice of issue

If a joinder in the Petition is filed, the Petitioner must serve the Respondent with the Orientation Notice of Issue within 7 days of filing.

In the event a joinder in the Petition is filed, the Petitioner shall serve the Notice of Issue, scheduling the Orientation, on the Respondent within 7 days of filing.

CRITICAL

Applies to

Amended case schedule order

When the court amends a deadline affecting the court on its own motion, the judicial assistant must prepare, file, and serve the amended case schedule order.

The court may amend deadlines affecting the court, including the trial date, on its own motion. In that event, the judicial assistant will prepare, file, and serve the amended case schedule order.

CRITICAL

Parties must exchange, as appropriate, the listed debt, retirement, property-valuation, vehicle-valuation, separate-property, life-insurance, and business-valuation materials by the date in the Case Schedule Order.

(3) Mandatory Discovery. Parties shall exchange, as appropriate, the following documents no later than the date indicated on the Case Schedule Order: (A) A copy of the most recent statements and a copy of statements current as of the date of the parties’ separation, of balances due on mortgages, real estate purchase contracts, deeds of trust, installment purchase contracts, time payment accounts, credit cards, and other debt owed by or to the parties; (B) The most recent employers’ Employee Retirement Income Security Act (ERISA) statement, a statement of contributions made to any pension plan of either party not reflected in the ERISA statement; the most recent statements for any Individual Retirement Account (IRA), Simplified Employee Pension plan (SEP), deferred compensation account, or other defined contribution “retirement” account; and statements for all of the above-mentioned deferred compensation plans reflecting plan balances or valuations as of the date of separation; (C) A written appraisal of any real estate and/or personal property of special, unusual, or extraordinary value, or a summary of the evidence that will be relied upon to value such items; (D) The most recent National Automobile Dealers Association (N.A.D.A.) Official Used Car Guide, or other similar vehicle appraisal guide showing both average loan or wholesale and retail values for any automobiles; (E) A summary of the source and tracing of any property asserted to be the separate property of either party; (F) A statement from each life insurance company issuing a policy of insurance on the life of either party as to its cash value and any loans against its cash value; (G) A written appraisal/business evaluation of any proprietorship, partnership, or closely held corporation of the parties, or a summary of the evidence that will be relied upon to value the same;

CRITICAL

A party objecting to the notice of arbitrability must serve the objection to arbitration on the other parties.

If a party objects to the notice of arbitrability, the objecting party shall file and serve on the other parties an objection to arbitration before the trial setting date

CRITICAL

A case cannot be treated as ready for scheduling without timely proof that the scheduling questionnaire was served on all defendants or respondents.

A case is not ready to be scheduled unless there is timely proof of service of the scheduling questionnaire on all defendants or respondents.

CRITICAL

Deadline

6 court days

The notice of hearing, motions, briefs, and supporting documents must be served before 5:00 p.m. six court days before the motion calendar day; civil-rule or statutory notice requirements for dispositive motions remain unaffected.

(1) The notice of hearing, motions, briefs, and all supporting documents must be filed and served before 5:00 p.m. six court days before the motion calendar day (for example, by 5:00 p.m. on Monday of the week preceding a Tuesday calendar). Motions may not be scheduled for a hearing before filing the motion and any declarations. Upon objection, motions that violate this requirement may be stricken or continued. This rule does not affect the notice requirements of the Civil Rules or any statute regarding dispositive motions.

CRITICAL

If settlement occurs within five days before trial, the arbitrator must promptly deliver a judge’s copy of the settlement notice to the assigned judge.

If the settlement is made within five days before the trial date, the arbitrator shall promptly deliver a judge’s copy of the notice of settlement to the assigned judge.

CRITICAL

The party filing the initial pleading must serve the Case Schedule Notice on all other parties with the Summons, Petition, and other required documents.

The party filing the initial pleading shall serve a copy of the Case Schedule Notice to all other parties, along with the Summons and Petition and other documents required by these rules;

CRITICAL

Each party must deliver its ADR statement to the facilitator and all other parties or counsel at least three days before the session, 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

Deadline

2 business days

Reply briefs must be served two business days before the scheduled 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. Reply briefs shall be filed and served before 12:00 noon, two business days before the date scheduled for hearing.

CRITICAL

When the initial pleading is served by publication, the petitioner must serve the Case Schedule Notice within five days of the other party’s first appearance.

If the initial pleading is served by publication, the Petitioner shall serve this Notice within 5 days of the other party’s first appearance.

CRITICAL

Applies to

Motion for revision

A motion for revision must be served according to the manner and timing required by other applicable rules.

and must be served in the manner and time required by all other applicable rules.

CRITICAL

Applies to

Proposed jury instructions

Unless the court orders otherwise, proposed jury instructions must be served by noon on the Friday before trial is scheduled to start.

Unless otherwise ordered by the court, proposed jury instructions shall be filed and served no later than at noon on the Friday before the trial is scheduled to start.

WARNING

When applicable, a party to a civil case should file and serve on the other parties a completed statement of arbitrability at least 10 calendar days before the trial setting date.

When applicable, a party to a civil case should file and serve on the other parties a completed statement of arbitrability at least 10 calendar days before the trial setting date.

WARNING

Service

Email

The initiative sponsor may be served at the email address the sponsor provided to the Secretary of State.

For purposes of notice under this rule (LCR 40), the initiative sponsor may be served at the email address that the sponsor provided to the Secretary of State.

WARNING

A witness who could not reasonably have been anticipated must be disclosed promptly once the need for that witness is anticipated.

each witness who cannot be listed ahead of time shall be disclosed promptly upon anticipating the need for the witness to testify.

WARNING

Originals should be provided to the clerk, a copy provided to all parties, and a judge’s copy provided to court administration by 12:00 p.m., 2 court days prior to the week of trial.

Originals should be provided to the clerk, a copy provided to all parties, and a judge’s copy provided to court administration by 12:00 p.m., 2 court days prior to the week of trial.

WARNING

The witness list should be filed, and a copy provided to all parties 8 weeks prior to the week of trial.

The witness list should be filed, and a copy provided to all parties 8 weeks prior to the week of trial.

WARNING

Service

Court service

The court or clerk may electronically transmit documents to attorneys at their Bar Directory mailbox and to parties who filed electronically or agreed to accept electronic documents at the address provided to the clerk; those attorneys and parties must maintain a mailbox capable of receiving them.

The court and clerk may electronically transmit notices, orders, or other documents to all attorneys using the electronic mailbox address shown on the Washington State Bar Association’s online Attorney Directory. It is the responsibility of all attorneys to maintain an electronic mailbox sufficient to receive electronic transmissions of notices, orders, and other documents. (B) Other parties. The court or clerk may electronically transmit notices, orders, or other documents to any party who has filed electronically or has agreed to accept electronic documents from the court by using the electronic address provided to the clerk. It is the responsibility of the filing or agreeing party to maintain an electronic mailbox sufficient to receive electronic transmissions of notices, orders, and other documents.

WARNING

Service

Email

The recall proponent may be served at the email address provided to the elections officer.

For purposes of notice under this rule (LCR 40), the recall proponent may be served at the email address that the recall proponent provided to the elections officer.