Whitman County Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Bench Copy
Memorandum of Law, Affidavit, Declaration, Exhibit, Other Legal Document Requiring Thorough Consideration
- Upon Filing No Later Than Noon Two Days in Advance of Trial or Hearing
Motion, Response, Brief, Supporting Document
Communication
Phone
Page & Word Limits1 rule
No Party shall file a verified motion or affidavit that exceeds twenty pages, including attachments. Affidavits from non-parties filed in support of or in opposition to a motion for temporary orders shall be limited to four per party and shall be limited to the same number of pages set forth above.
- Verified motion
- Up to 20 pages
- Affidavit
- Up to 20 pages
- Family law motions
Document Format Requirements5 rules
Counsel shall organize the original set of exhibits with numbered tabs in numerical order, and shall provide copies for the Judge, clerk and opposing counsel or party in a loose-leaf notebook or similarly organized fashion.
CD’s, DVD’s, and other non-paper items are to be provided in the same format as provided to the Clerk’s Office.
Exhibit numbers are generally assigned in separate ranges to plaintiffs or petitioners and defendants or respondents, with additional ranges for third and fourth parties when there are at least three parties.
Court's wording
Generally, the plaintiff or petitioner will be assigned exhibit numbers 100 through 199, and the defendant or respondent will be assigned exhibit numbers 200 through 299. If three or more parties are involved in the case, the third party will be assigned exhibit numbers 300 through 399, and the fourth party will be assigned exhibit numbers 400 through 499.
A party may transcribe the contents of any audio or video recording in the format required by Washington State GR 14, and said transcription may be filed in the court file in the same manner as pleadings.
Formatting
- •The transcription must use the format required by Washington State GR 14
Absent prior approval of the court, responsive or reply materials will not include either audio or video tape recordings.
Document Filing Requirements7 rules
The mediator must file a declaration of completion, advise the parties of the mediation results in writing, and tell the Court whether the parties reached an agreement on any issues.
Court's wording
Within 7 days of completion of mediation, a declaration of completion shall be filed with the Court by the mediator. The parties shall be advised by the mediator of the results of mediation in writing. The mediator shall advise the Court whether or not an agreement has been reached on some or all of the issues.
In contested dissolution actions involving the listed issues, each party must prepare a written pre-trial summary addressing the issues, proposed resolutions, asset and liability valuations and division, parenting plan, and child support calculations.
Court's wording
In any action for dissolution of a marriage in which property division, the parenting plan, spousal maintenance or child support is an issue, each party shall serve on the other party and file with the Court a written summary setting forth: (1) Statement of the issues; (2) A statement of the party’s proposed resolution of the issues; (3) A description and valuation of the assets and liabilities of the parties, together with a proposed division thereof; (4) The party’s proposed parenting plan; (5) Child support calculations
In contested non-family law civil cases, the parties must jointly prepare and file a Trial Management Joint Report containing the listed information.
Court's wording
In contested non-family law civil cases, the parties shall jointly prepare and file no later than 5 days prior to the trial a Trial Management Joint Report, which will contain; (1) A brief, non-argumentative summary of the case; (2) List of issues that are not disputed; (3) List of issues that are disputed; (4) Index of exhibits (excluding rebuttal or impeachment exhibits); (5) List of plaintiff’s request for Washington Pattern Jury Instructions; (6) List of defendant’s request for Washington Pattern Jury Instructions; (7) List of names of all lay and expert witnesses, excluding rebuttal witnesses; (8) Suggestions by either party for shortening the trial.
Covered self-represented petitioners must consult one of the listed legal resources before filing initial pleadings and presenting final orders, and ensure their documents are properly formatted before acceptance.
Court's wording
All pro se petitioners initiating a new family law case, a new minor guardianship case or who are seeking to modify child support or a parenting plan are required to do one of the following options prior to filing the initial pleadings to begin the action and prior to presenting final orders to conclude the case. (1) Consult with the Whitman County family law facilitator; (2) Consult with a Limited License Legal Technician; or (3) Consult with an attorney licensed in Washington State. The pro se petitioner shall meet with a person fulfilling one of the above criteria to ensure their documents are properly formatted before the clerk shall accept them for filing or presentation.
At filing or presentment, the pro se petitioner must show the clerk documentation of consultation; the clerk may reject a filing until the petitioner does so.
Court's wording
The pro se petitioner must present documentation to the clerk at the time of filing or presentment to demonstrate to the clerk that they have consulted with one of the options listed above. Should the pro se petitioner fail to do so, the clerk may reject said filing until the party has done so.
All complaints must be in writing and must be submitted to the Superior Court Presiding Judge. All complaints must bear the signature, name, and address of the person filing the complaint.
If any party fails to cooperate in completing the report, any other party may file and serve the report and note the refusal to cooperate.
Filing & Service rules
Filing Timing and Cure Windows
The mediator must file the declaration of completion within 7 days after mediation is completed.
Within 7 days of completion of mediation, a declaration of completion shall be filed with the Court by the mediator.
Page 19 | WCLCR 2 – Mandatory Mediation and Pre-Trial Procedure in Family Law Cases, (a) Mandatory Mediation, (5) Report
Each party must serve and file the written summary no later than 4 days before whichever occurs first: the pre-trial conference or settlement conference.
Each party’s written summary must be served and filed no later than 4 days before the pre-trial conference or settlement conference, whichever occurs first.
Page 20 | WCLCR 2 – Mandatory Mediation and Pre-Trial Procedure in Family Law Cases, (b) Pre-Trial Statement-Contested Dissolutions
The Trial Management Joint Report must be filed no later than five days before trial.
In contested non-family law civil cases, the parties shall jointly prepare and file no later than 5 days prior to the trial a Trial Management Joint Report, which will contain;
Page 21 | WCLCR 3 – Pre-Trial Procedure in Non-Family Law Civil Cases; (a) Pre-Trial Statement
In dissolution of marriage cases, no default order or decree may be entered before 90 days after service and filing of the petition.
No default order or decree may be entered prior to 90 days after service and filing of the petition in dissolution of marriage cases.
Page 22 | WCLCR 4 – Default and Uncontested Dissolution of Marriage Cases
When the reviewing Judge finds that a complaint appears to have merit and requests a response, the response is due within 10 business days.
Make a finding that the complaint appears to have merit and request, via written letter, a written response from the guardian ad litem or other person, against whom the complaint is brought within 10 business days, detailing the specific issues in the complaint to which the reviewing Judge desires a response.
Page 28 | WCLGALR 1 – Grievance Procedures; (c) Findings and Action on Complaints
If counsel objects to material submitted late, the court may reject it or continue the matter.
Any material submitted later than required by this rule, upon objection of counsel, may be rejected by the Court, or the matter may be continued.
Page 18 | WCLCR 1 – Motions, Responses, and Replies; (b) Late Filing
Service and Proof of Service Rules
Unless making copies is impractical, legible, clerk-numbered exhibit copies must be furnished to opposing counsel, the judge, and the clerk; the requirement excludes certain rebuttal and impeachment exhibits.
Unless the making of copies is impractical, legible copies of exhibits shall be furnished to opposing counsel, Judge and the clerk, numbered the same as marked by the clerk. This rule shall not apply to rebuttal or impeachment exhibits not required to be offered in the party’s case in chief.
Page 13 | WCLAR 8 – Exhibits (b) Copies
Responding documents must be served on all parties and the court by 4:30 PM, five court days before the hearing.
Responding documents must be served on all parties and the court no later than 4:30 PM, 5 court days before the hearing.
Page 18 | WCLCR 1 – Motions, Responses, and Replies; (a) Motions
Motion documents must be served on all parties and the court at least 10 court days before the hearing.
Any party desiring to bring any motion must serve the documents on all parties and the court at least 10 court days before the date fixed for such hearing.
Page 18 | WCLCR 1 – Motions, Responses, and Replies; (a) Motions
Reply documents must be served on all parties and the court by 4:30 PM, three court days before the hearing.
Any reply documents must be served on all parties and the court not later than 4:30 PM, 3 court days before the hearing.
Page 18 | WCLCR 1 – Motions, Responses, and Replies; (a) Motions
Each party must serve the written summary on the other party and file it with the Court.
In any action for dissolution of a marriage in which property division, the parenting plan, spousal maintenance or child support is an issue, each party shall serve on the other party and file with the Court a written summary setting forth: Each party’s written summary must be served and filed no later than 4 days before the pre-trial conference or settlement conference, whichever occurs first.
Page 20 | WCLCR 2 – Mandatory Mediation and Pre-Trial Procedure in Family Law Cases, (b) Pre-Trial Statement-Contested Dissolutions
Non-paper items may be marked as pre-trial exhibits only subject to the Rules of Evidence and timely notice to the other party.
Non-paper items may be marked as pre-trial exhibits for the court to review subject to the Rules of Evidence and timely notice to the other party.
Page 15 | WCLAR 11 – Filing of Non-Paper Items
If a party does not cooperate in completing the report, another party may file and serve it.
If any party fails to cooperate in completing the report, any other party may file and serve the report and note the refusal to cooperate.
Page 21 | WCLCR 3 – Pre-Trial Procedure in Non-Family Law Civil Cases; (b) Parties to Confer in Completing Report
Courtesy Copy Requirements
Bench copies of specified documents requiring thorough consideration must be delivered upon filing and no later than noon two days before trial or hearing.
Bench copies of briefs, memoranda of law, affidavits, declarations, exhibits, and other legal documents requiring thorough consideration by the court shall be delivered to the Judge’s Court Administrator upon filing, but no later than by noon two days in advance of trial or hearing.
Page 11 | WCLAR 6 – Working Copies to Judge
Bench copies may be mailed to 400 N. Main St., Ste. 210, Colfax, WA, 99111.
3) Mail to: 400 N. Main St., Ste. 210, Colfax, WA, 99111
Page 11 | WCLAR 6 – Working Copies to Judge
Bench copies may be dropped off at the Superior Court Drop Box.
2) Drop off at the Superior Court Drop Box or
Page 11 | WCLAR 6 – Working Copies to Judge
Bench copies may be emailed to sc@whitmancounty.gov.
1) Email bench copies to: sc@whitmancounty.gov or
Page 11 | WCLAR 6 – Working Copies to Judge
Bench copies of motions, responses, briefs, and supporting documents must be delivered to the judge as required by WCLAR 6.
Bench copies of motions, responses, briefs, and supporting documents shall be delivered to the Judge as required by WCLAR 6.
Page 18 | WCLCR 1 – Motions, Responses, and Replies; (c) Bench Copies
The Court may request hard copies of documents from parties in certain cases.
The Court reserves the right to request hard copies of documents from parties in certain cases.
Page 11 | WCLAR 6 – Working Copies to Judge
Sealing & Redaction Procedures
Complaints are confidential unless found meritorious; records of complaints not found meritorious may be disclosed only by court order for good cause, after notice and an opportunity to be heard.
A complaint shall be deemed confidential for all purposed unless the Judge reviewing the complaint has determined that the complaint has merit. Any record of complaints filed which are not deemed by the Judge to have merit shall be confidential, and shall not be disclosed except by court order, upon good cause shown, after the person against whom the complaint was brought has been given notice and an opportunity to be heard.
Page 29 | (g) Confidentiality
Adjournment & Extension Requirements
Either party may request a delay, but the court must grant it; otherwise, the court sets the trial date at arraignment within CrR 3.3 time limits.
At the time of arraignment, unless a delay is requested by either party and granted by the court, the court shall set the date for trial within the time limits prescribed by CrR 3.3.
Page 24 | WCLCrR 1 – Time for Trial and Readiness Hearing (a) Initial Setting of Trial and Readiness Hearing
Chambers Communication Rules
Counsel must schedule suppression, other evidentiary, and special criminal hearings through a joint email or other conference directly with the Court Administrator.
Suppression and other evidentiary hearings or special criminal hearings however, shall be scheduled by counsel through a joint email or other conference directly with the Court Administrator.
Page 12 | WCLAR 7 – Setting Cases for Trial and Other Hearings (b) Criminal Cases
Counsel must arrange with the clerk to mark all exhibits at least two business days before trial.
Counsel shall arrange with the clerk for the marking of all exhibits at least two business days prior to trial.
Page 13 | WCLAR 8 – Exhibits (a) Pre-Marking
A party filing a summary judgment motion must obtain a hearing date from the Court Administrator.
A party filing a motion for summary judgment under CR 56 shall obtain a date for scheduling the hearing with the Court Administrator.
Page 23 | WCLCR 5 – Summary Judgment (a) Scheduling
Counsel and parties may schedule trial dates through a joint telephone or other conference directly with the Court Administrator instead of a trial setting hearing.
In lieu of a trial setting hearing, counsel and/or the parties may schedule trial dates through a joint telephone or other conference directly with the Court Administrator.
Page 12 | WCLAR 7 – Setting Cases for Trial and Other Hearings (a) Civil and Family Law Cases
Counsel and parties scheduling civil and domestic cases are encouraged to confer with one another and the Court Administrator to find available dates.
Counsel and/or parties involved in scheduling civil and domestic cases are encouraged to confer with one another and with the Court Administrator as to find available dates.
Page 12 | WCLAR 7 – Setting Cases for Trial and Other Hearings (a) Civil and Family Law Cases