Walla Walla County Superior Court Service and Proof of Service Rules

CRITICAL

Applies to

Motion

Motions for new trial, reconsideration, or judgment NOV must be served and filed as provided in CR 59(b).

The motion shall be served and filed as provided in CR 59(b).

CRITICAL

The specified briefs, declarations, affidavits, and other supporting documents must be served and filed in the cause, except for an agency-transferred record.

All briefs, declarations, affidavits, and other supporting written documentation pertaining to trials, summary judgment motions, lower court appeals and appeals from decisions of administrative agencies (except the record transferred by the agency) and any other motions and documents submitted for hearings, such as pre-trial position statements in domestic cases, proposed findings of fact and conclusions of law and judgments, motions and sentencing position statements in criminal matters, and guardian ad litem reports, shall be served and filed in the cause.

CRITICAL

Applies to

Asset liability list

If asset or liability distribution is at issue, each party must file and serve the asset and liability list with the position statement.

If distribution of assets or liabilities is an issue, each party shall file and serve a list of assets and liabilities known to the party, together with the position statement, and shall indicate the party’s good faith opinion as to the fair market value of any asset as of the date of separation.

CRITICAL

When submitting a proposed document, the submitting party must serve opposing counsel or the opposing party, provide the original and proof of service to the trial judge, and do both at the same time.

A. Within ten (10) days after a decision is rendered, any party desiring to submit Findings of Facts and Conclusions of Law, a Judgment, Order or other appropriate document proposed for the entry shall serve opposing counsel/party with a copy of the same and provide the original thereof to the trial judge together with proof of service. Service shall be made on opposing counsel/party and delivered to the trial judge at the same time.

CRITICAL

Applies to

Conformed dissolution decree

When filing a decree in a default dissolution case, the attorney must immediately deliver a conformed copy to the client and deliver or mail a copy to the other party at the known address or to that party’s attorney.

In default dissolution cases, at the time of filing the decree, the attorney whose decree was entered shall immediately deliver to his or her client and deliver to or mail to the other party, at his or her address, if known, or to his or her attorney, a conformed copy of the decree

CRITICAL

Applies to

Notice for trial setting

A notice for trial setting must show that it was served on all counsel representing the opposing party or parties.

The notice for trial setting must show that service was made on all counsel representing the other party or parties to the said action.

CRITICAL

Applies to

Supporting affidavit or declaration

The supporting affidavit or declaration must be served with the motion.

the affidavit or declaration shall be served with the motion.

CRITICAL

The party seeking admission must serve the opposing party with complete copies of the digital exhibit and its notice, as required by law.

The party seeking admission of digital exhibits(s) shall be responsible for serving the opposing party with a true and complete copy of the digital exhibit as well as a copy of the Notice of Digital Exhibit Declaration as required by law.

CRITICAL

Deadline

3 court days

Unless CR 59(c) provides otherwise, opposing documents, affidavits, and declarations must be served by 4:00 p.m. three judicial days before the hearing.

Except as otherwise provided in CR 59(c), opposing documents, affidavits, or declarations shall be served and filed by 4:00 p.m. three (3) judicial days before the scheduled hearing

CRITICAL

Position statements must be mailed or delivered to the opposing party and court 7 days before the status hearing.

Each party shall prepare his or her position statement and mail or deliver the same to the opposing party and the court seven (7) days prior to the status hearing.

CRITICAL

Deadline

2 court days

Any reply must be served by 4:00 p.m. two judicial days before the scheduled hearing.

any reply shall be served and filed by 4:00 p.m. two (2) judicial days before the scheduled hearing.

CRITICAL

Before a hearing on disposing of physical evidence that cannot be retained because of its bulk or weight, all parties of record must be given thirty days’ written notice.

After final disposition of a civil cause, the court after a hearing may order the clerk to destroy or otherwise dispose of physical evidence which cannot, because of bulk or weight, be retained in the case file, provided that all parties of record are given thirty (30) days written notice of any such hearing.

CRITICAL

Applies to

Motion for revision

Copies of a motion for revision and all supporting documents must be provided to every other party when the motion is filed.

C. Notice. A copy of the motion and all supporting documents shall be provided to all other parties to the proceedings at the time of filing.

CRITICAL

Applies to

Exhibits

Trial exhibits must be disclosed and a copy provided to the opposing party at or before the status hearing.

At the time of the status hearing or before, all exhibits intended to be used at trial will be disclosed and a copy provided to the opposing party.

CRITICAL

Objections must be in writing; proposed substitutions may accompany them when appropriate, and the objections must be served on opposing counsel and mailed or delivered to the judge.

B. Any party objecting to the proposed document shall within ten (10) days after receipt thereof serve opposing counsel, and mail/deliver to the judge, objections thereto in writing, together with any proposed substitutions if deemed appropriate.

CRITICAL

Deadline

7 court days

Written motions, hearing notices, and trial settings must be served by 4:00 p.m. seven judicial days before the requested consideration date, subject to stated exceptions.

All written motions, hearing notices, and trial settings, other than issues which may be heard ex parte, shall be filed and served not later than 4:00 p.m. seven (7) judicial days before the date the party wishes the motion to be considered unless a different period is fixed by the Civil Rules for Superior Court or by order of the court or by state statute.

CRITICAL

Applies to

Needs abilities statement

If spousal maintenance or attorney’s fees are at issue, each party must file and serve a needs-and-abilities statement; the service method and a separate service deadline are not specified here.

If spousal maintenance or attorney’s fees are at issue, each party shall file and serve a statement containing a list of all income and assets, including any retirement benefits, together with a list of current monthly living expenses.

CRITICAL

Deadline

48 hours

The order shortening time must specify the minimum notice to the responding party, ordinarily at least 48 hours, unless extraordinary circumstances are set out in the supporting declaration or affidavit.

The judicial officer shall indicate on the order shortening time the minimum amount of notice to be provided the responding party, which, barring extraordinary circumstances as set forth in the declaration or affidavit supporting the motion, shall not be less than 48 hours.

CRITICAL

The time records supporting a GAL/CV fee request must be served on all parties.

which shall be served upon all the parties.

CRITICAL

Applies to

Proposed instructions

A copy of the proposed instructions must be provided to counsel for each other party.

One copy, which shall be assembled, numbered and contain citations, shall be provided to counsel for each other party;

CRITICAL

Applies to

Memorandum of authorities

The memorandum of authorities must be served when the motion is filed.

At the time of filing the motion, the moving party shall serve and file a memorandum of authorities

CRITICAL

Applies to

Motion and supporting documents

The motion and supporting documents must be provided to all other parties, and a bench copy must be provided to the court.

A copy of the motion and all supporting documents shall be provided to all other parties to the proceedings with a bench copy provided to the court.

CRITICAL

Applies to

Response

The responding party must provide copies of its response to all other parties and the court.

C. Notice. A copy of the motion and all supporting documents shall be provided to all other parties to the proceedings at the time of filing. The responding party shall have five (5) judicial days from the receipt of the motion to file a written response with the Clerk and provide copies to all other parties and to the court.

CRITICAL

A self-represented party must notify the court and opposing party or attorney of a listed contact-information change by the next judicial day and file an updated form.

Any party appearing pro se shall notify the court and the opposing party or attorney the next judicial day after any change of contact information listed in their Notice of Appearance (For a Party Without a Lawyer) form and shall file an updated form in the matter.

CRITICAL

Applies to

Order

The Petitioner must serve the order on the Respondent, who becomes subject to it when served.

The Petitioner shall serve a copy of the order on the Respondent. The Respondent is subject to the order from the time that it is served.

CRITICAL

Applies to

Automatic discovery documents

The listed automatic-discovery documents must be filed and exchanged as appropriate; the exchange method is not specified.

The parties are required to file and exchange as appropriate the following documents no later than ten (10)days prior to the status hearing:

WARNING

After the moving party demonstrates due diligence but cannot notify all parties, the judicial officer may proceed with the motion to shorten time.

If the moving party, after showing due diligence, has been unable to notify all parties of the motion to shorten time, it is within the judicial officer’s discretion to proceed with the motion to shorten time.

INFO

Parties are not required to provide their settlement position statement to another party.

No party shall be required to provide a copy of the position statement to any other party.