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King County | Clerk's Office | News | Services | Comments | Search Links to external sites do not constitute endorsements by |
CHANGES TO KING COUNTY SUPERIOR COURT LOCAL RULES
King County Superior Court Local Rules amendments go into effect September 1, 2008. Changes were adopted by a majority vote of King County Superior Court Judges on June 24, 2008.
The amendments include changes to existing rules, the adoption of new rules, the deletion of rules, and adoption of rules previously adopted on an emergency basis. All the rules that were formerly designated LR are now designated as LCR. Many of the rules have only this change or a change to a reference to an LR that is now designated as an LCR. Also, the case schedule was changed slightly in LCR 4 and portions of some rules were moved to other rules so that they better align with state rules and could more easily be found.
The rules that have changed or have been adopted in the normal rules cycle are LCR 4, 4.2, 5, 7, 11, 16, 26, 33, 37, 38, 40, 41, 53.1, 54, 55, 56, 69, 77, 79, 80, 93.04, LFLR 2, 16, LCrR 3.1, LMAR 1.1, 2.3, 5.1, 6.2, 7.1, and 8.5. The new rules are LCR 59, 98.50, LGR 15 and 20. LCR 1, 4.1, 10, 23 and 43 were deleted. LFLR 6 was adopted on an emergency basis effective June 24, 2008. The rules that were previously adopted and/or amended on an emergency basis are LMAR 3.1, 8.6, LJuCR 4.6, and LCR 58. The effective date of these rule changes is September 1, 2008 pursuant to GR 7.
Hard copy versions of the entire set of local rules are also available for purchase at the copy center in the Clerk’s Offices in Seattle and in Kent.
Copies of the changes are available in cross-out and underline form and the final revised form on the Clerk’s website at http://www.metrokc.gov/judicial/local rules 2008/lrmenu2.htm. The cross-out and underline version is also available to view at the copy center in the Clerk’s Office in Seattle and in Kent.
Electronic Delivery of Working Papers Pilot Project
Ending on JULY 18, 2008
King
County Superior Court and the Superior Court Clerk’s Office jointly announce the
conclusion of the Electronic Delivery of Working Papers Pilot Project on July
18, 2008.
After July 18, 2008, working copies will no longer be accepted electronically by the Clerk. The submission process for working papers submitted after close of business on July 18, 2008 reverts back to pre-pilot delivery mechanisms. Pilot participants may continue to submit working papers electronically to the Clerk through July 18, 2008, regardless of the scheduled date of the motion.
The pilot began on April 14, 2008. Participation in the pilot has been very
high which was very helpful to this project’s success. Participants are now
being asked to provide feedback about the pilot via an electronic survey.
The Court and Clerk extend their thanks to all who participated in the pilot.
Please direct specific questions about the pilot to Teresa Bailey at
teresa.bailey@kingcounty.gov.
FAMILY LAW MOTIONS CONFIRMATION ONLINE
Beginning Wednesday, July 9,
2008, the
The website will be available for confirmations or strikes during the confirmation period of 12:01p.m. three court days prior to the hearing until 12:00 noon two days prior to the hearing. Only motions set for that period may be processed.
King County Local Family Rule 6 has been amended and approved by the court by emergency rule.
Users of the online process will need to have the following information available to complete the request: Name of Calendar that hearing is set, Name of Motion to be confirmed or stricken, Time of hearing (morning/afternoon) and Name of attorney (if applicable). Users will also be required to provide a contact e-mail address and a contact phone number.
Requests for hearing
continuances or for any case that has a Pre-SCOMIS case number must contact the
Family Law Department at (206) 296-9340 in
The public will also be able to view a calendar after the confirmation period to see if the hearings were confirmed, stricken or continued.
Guardianship & Probate
Document Retention Update
The King County Superior Court
Clerk’s Office has been scanning documents into the
As of July 1, 2008, the Clerk’s
Office, with the agreement of the Superior Court, will retain the above
mentioned documents for 60 days after filing in accordance with DJA Policy
INF-15-1-EDP1 (8.3), RCW 36.23.065 and RCW 36.23.030. All scanned documents have the same force and
effect as the original per RCW 36.23.067.
If you have any concerns regarding
these changes please contact Bob Dowd at (206) 296-7865.
PROPOSED CHANGES TO KING COUNTY SUPERIOR COURT LOCAL RULES
Pursuant to King County Local Rule 83, the review and comment period for the proposed changes to the King County Superior Court Local Rules is open as of April 28, 2008. The Court will consider all comments received by May 30, 2008.
The rules with proposed changes include: LCR (formerly LR) 1, 3, 4, 4.1, 4.3, 5, 7, 10, 11, 15, 16, 23, 26, 33, 37, 38, 40, 41, 43, 53.1, 54, 55, 56, 58, 77, 79, 80, LFLR 2, 6, 16, LCrR 3.1, LMAR 1.1, 2.3, 5.1, 6.2, 7.1, 8.5 and 8.6. There are four new proposed rules, LCR 59, 98.50, LGR 15 and 20. There are also four rule amendments that were previously adopted on an emergency basis that are now published for comment. The amendments are in LMAR 3.1, 8.6, LJuCR 4.6 and LCR 58.
Copies of the proposed changes are available on the Clerk’s
website at: www.metrokc.gov/judicial/lrmenu2.htm and are also available to view
at the copy center in the Clerk’s Office in
Comments to the proposed rule changes should be in writing and directed to:
Barbara Miner
Clerk of the Superior Court
ATTN: Local Rules
516
Alternatively, you may e-mail your comments to: lrcomments@kingcounty.gov by May 30, 2008.
The final version of the rules as adopted by the Court after the review and comment period will become effective September 1, 2008.
Electronic Delivery of Working Papers Pilot Project
April 2008
King County Superior Court and the Superior Court Clerk’s Office have jointly developed a pilot project to test electronic delivery of working papers (also called “courtesy copies”). The pilot will encompass working papers for all types of civil and family law motions scheduled before participating pilot judges. Commissioner calendars and criminal cases are not included in the pilot at this time.
Judge Wesley Saint Clair is chair of
a court committee that developed the pilot project. The committee
conducted focus groups of attorneys and legal support professionals during the
month of February and incorporated the groups’ input. Nine judges,
six in the King County Courthouse in
During the pilot period, attorneys and parties with cases assigned to the pilot judges will:
- E-file all case documents using the Clerk’s E-filing system and the current E-filing rules.
- Transmit working papers electronically to Eworkingpapers@kingcounty.gov from which the documents will be distributed by the Clerk’s Office to the participating judges during the pilot.
- Transmit as an attachment to the working papers e-mail, a proposed order that must be in Word format.
- Parties are encouraged to opt-in to receive electronic service of e-filed documents in all cases, but particularly in cases assigned to the pilot project.
The Clerk will publish more specific procedures on the Clerk’s website, www.kingcounty.gov/kcscc, with links to the participating judges’ websites. Attorneys whose cases are assigned to the judges participating in the pilot are expected to participate in the pilot and should check the assigned judge’s website before filing motion documents during the pilot period.
The pilot is scheduled to begin April 14, 2008, and run through at least June 2008. The Clerk and the Court greatly encourage feedback, comments, and constructive criticism from all participants during this pilot. Please direct specific questions about the pilot, to Ms. Teresa Bailey at teresa.bailey@kingcounty.gov.
JURY ASSIGNMENT RULE SUSPENDED ON EMERGENCY BASIS
As noted in the February 19, 2007 press release, the King County Superior Court has suspended LGR 18 (the jury assignment area rule) on an emergency basis, effective close of business April 1, 2008.
The judges had adopted the rule
which went into effect on September 1, 2007, for the convenience of citizens
summoned to jury duty in Superior Court in
In a recent case upholding the local court rule and the statute, the defense has filed a motion in the State Supreme Court seeking emergency review of the decision. The King County Superior Court judges have therefore suspended the local rule until the Supreme Court makes a decision.
The Supreme Court has not yet decided whether to accept review of the recent case.
A notice regarding the suspension of this rule will be available on the Clerk’s website at www.kingcounty.gov/kcscc by April 1, 2008.
FOR MORE INFORMATION ON THIS TOPIC
CONTACT: Paul Wood at 206-296-1142
ISSUED BY:
Barbara Miner,
Director
ISSUE DATE: March 21,
2008
ISSUE NO:
08-002
The Clerk’s Workshop for Attorneys & Legal Staff
The Superior Court Clerk’s Experiential Workshop, approved for ten (10) hours of Continuing Legal Education (CLE) credit by the Washington State Bar Association, will be offered six times in 2008. The 25 attorneys and legal staff who may enroll in each workshop gain valuable practical knowledge from this close-up, inside view of the operations of the Clerk’s Office, the Ex Parte department, and either Arbitration or Family Court Operations. The workshop covers the award-winning Electronic Court Records (ECR) program, and includes a demonstration of the new E-Filing, E‑Service, and ECR Online (Internet access) systems.
Presenters are subject matter experts from the Clerk’s Office, Ex Parte, Family Court Operations, and Arbitration. Sessions are in the Seattle Courthouse on the first and second Tuesday of every other month (from 9 a.m. to 3 p.m., including a 1-hour lunch break). The first offering takes place on February 5th & 12th.*
Both legal staff and attorneys are encouraged to sign up for the course. Seats are assigned on a first-come, first-served basis, and must be secured with advance payment of the course fee. Attendees receive course notebooks containing handouts that include detailed process descriptions, practice tips, up-to-date forms, pointers to important rules and procedures, and more. The course enrollment fee is $100.00.
To enroll, contact Shanna Knight at Shanna.Knight@kingcounty.gov or (206) 205-8436. For information about the course of study, contact CLE Coordinator Roger Winters at Roger.Winters@kingcounty.gov or (206) 296-7838.
* The workshop includes five (5) hours of instruction on each of two days. Dates for the workshop in 2008 are: February 5+12, April 1+8, June 3+10, August 5+12, October 7+14, and December 2+9. Washington State Bar Association members earn CLE credits based on hours in attendance, for up to ten (10) credits for $100.
Sign up to receive Clerk’s Office Alerts automatically by e-mail. To receive future alerts automatically compose an e-mail message and send e-mail as follows:
To subscribe, click on the link below and send the email.
To: listserv@lists.metrokc.gov
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FOR MORE INFORMATION ON
THIS TOPIC CONTACT:
Roger Winters (206) 296-7838
ISSUED BY:
Barbara Miner,
Director and
ISSUE DATE: January 8,
2008
ISSUE NO:
08-001
CHANGES TO LMAR 3.1 and 8.6 ADOPTED ON EMERGENCY BASIS
The King County Superior Court has modified Local Mandatory Arbitration Rule 3.1 and 8.6 (LMAR 3.1 and 8.6) on an emergency basis, effective November 27, 2007.
LMAR 3.1 was changed and LMAR 8.6 was removed. All other LMAR’s remain in place.
The newly modified versions of these rules are available on the Clerk’s website at: www.kingcounty.gov/kcscc.
TRACKING GUARDIANSHIP AND TRUST REPORTS
The attached chart explains how possible scenarios could affect the anniversary date of the appointment of the guardian and/or trustee, including additional guardians and/or trustees being appointed at a later period and what criteria is being used to establish a new reporting date.
Pursuant to King County Local Rule 98.20(c)(5), any changes to the reporting cycle of a guardian or trustee shall be approved by the court on a form provided by the Clerk’s Office. Those changes will be reflected in the next Tracking Schedule produced by the clerk.
The chart is available at www.metrokc.gov/kcscc/forms.htm, the Clerk’s Office or the Ex Parte Department.
PROPOSED CHANGES TO KING COUNTY SUPERIOR COURT LOCAL RULES
Pursuant to King County Local Rule 83, the review and comment period for the proposed changes to the King County Superior Court Local Rules is open as of February 1, 2007. The Court will consider all comments received by April 15, 2007.
The rules with proposed changes include: LR 26, 37, 77, 79, 84 and LFLR 4 and 11. There are also three rule amendments that were adopted on an emergency basis effective December 15, 2006 that are now published for comment. The amendments are in LRs 7, 60 and LFLR 5.
Copies of the proposed changes are available on the Clerk’s
website at: www.metrokc.gov/judicial/local rules 2006/lrmenu2.htm
and are also available to view at the copy center in the Clerk’s Office
in
Comments to the proposed rule changes should be in writing and directed to:
Barbara Miner
Clerk of the Superior Court
ATTN: Local Rules
516
Alternatively, you may e-mail your comments to: lrcomments@metrokc.gov by April 15, 2007.
The final version of the rules as adopted by the Court after the review and comment period will become effective September 1, 2007.
SUMMARY OF PROPOSED 2007 CHANGES TO KING COUNTY SUPERIOR COURT LOCAL RULES
The Court proposes only a few changes to the Local Rules. The Clerk’s Office requested changes to LR 84 to address problems resulting from failure to include “clerk’s action required” language in orders. Changes to LR 37(g) and LFLR4(g) correct erroneous cross references to case schedules in paternity, dissolution, and modification actions. In addition, the Court examined the local rules regarding sealing court records and files to ensure compliance with State court rules and case law. Changes to LR 26, 77, 79, and LFLR 11 are designed to clarify the process, avoiding confusion. Where there is no assigned judge, the Chief Civil Judge may either hear the motion to seal or direct it to the appropriate department. As to LFLR 11, the use of mandatory forms is stricken because specific findings and conclusions are required. Finally, changes to LR 7, LR 60, and LFLR 5 were adopted on an emergency basis. The changes are designed to reflect the actual practice in place since creation of Chief Judge of Unified Family Court. The proposed changes should lessen confusion and result in more timely assignment of cases.
The comment period is open from February 1 through April 15, 2007. The final version of the rules will become effective September 1, 2007, following the review and comment period.
Comments to the proposed rule changes should be in writing, and directed to:
Barbara Miner
Clerk of the Superior Court
ATTN: Local Rules
Alternatively, comments may be e-mailed to: lrcomments@metrokc.gov.
Sign up to receive Clerk’s Office Alerts automatically by e-mail. To receive future
alerts automatically compose an e-mail message and send e-mail as follows:
To: Clerks-Alert-mailing-list@lists.metrokc.gov
Subject: subscribe clerks-alert-mailing-list YOUR NAME
If added to the mailing list successfully you will receive a
confirmation notice.
CHANGES TO KING COUNTY SUPERIOR COURT LOCAL RULES
King County Superior Court Local Rules were amended by a majority vote of King County Superior Court Judges on June 27, 2006. The amendments include changes to existing rules, the adoption of a new rule, and formalizing adoption of rules previously adopted on an emergency basis.
The rules that have changed or have been adopted in the normal rules cycle are LR 7, 40, 41, 82, 98.04, 98.16 and LFLR 5. The new rule is LR 98.14. The rules that were previously adopted and amended on an emergency basis are LR 98.20, LJuCR 4.3 and LGR 31. The effective date of these rules is September 1, 2006 pursuant to GR 7.
Special Note: The changes to LR 98.20 establish monitoring criteria for Guardianships and Trusts. The Clerk will issue a tracking schedule when guardians/trustees are appointed under LR 98.20(c)(1). When accountings are approved under LR 98.20(h), an updated tracking schedule will be issued based on the anniversary date of the appointment. If the court approves a change in the duration of the accounting period, a separate order modifying the timeframe must be entered per LR 98.20(c)(5).
Copies of the changes are available in
cross-out and underline form and the final revised form on the Clerk’s
website at www.metrokc.gov/judicial/local rules 2006/lrmenu2.htm. The cross-out and underline version is also available
to view at the copy center in the Clerk’s Office in
Hard copy versions of the entire set of local
rules are also available for purchase at the copy center in the Clerk’s
Offices in
CHANGES TO STATE COURT
GENERAL RULES 15 AND 22
On July 1, 2006, amendments to Washington State Court General Rule 15, Destruction, Sealing and Redaction of Court Records and General Rule 22, Access to Family Law and Guardianship Court Records will go into effect. The King County Clerk suggests the following guidelines to ensure that documents are handled appropriately:
- GR 15 dictates
that the court make and enter written findings of compelling circumstances
in order to seal a record or file. Please note: “Agreement
of the parties alone does not constitute a sufficient basis…..”
· Best practice: Any orders to seal should list the exact title of the document(s) to be sealed, and if available, the date filed and the document subnumber from the court’s docket.
· Best Practice: Orders to seal must specify who has access to the sealed documents or file, if access is intended. The Clerk will require an order to access by anyone other than those named in the order sealing.
· GR 15 mandates that any order sealing a document or file is accessible to the public, so please ensure that such orders to seal do not contain information intended to be sealed.
· General 15 dictates that for a sealed file, index information, including parties’ names, is available for public viewing in the court’s electronic index system (SCOMIS). In other words, the existence of a sealed case is still available publicly.
· Clerks cannot seal partial documents (e.g. “attachment A of document X shall be sealed”). Likely redacting will accomplish the intent.
· Reminder: when filing a document sealed pursuant to a court order, LR 79(d)(6) requires the filing party to place the words “sealed per court order filed (date)” in the caption, and then place the document to be sealed in a manila envelope marked “sealed document.” Sealed documents not clearly identified as described in LR 79(d)(6) may be returned to the filing party and may be subject to the faulty document fee.
· An updated form order “Order to Seal” is available on the Clerk’s website at www.metrokc.gov/kcscc/forms.htm.
· New redacting rules and processes are set forth in GR 15. The new redacting process involves the Clerk sealing (not giving back) previously filed versions of documents and the parties filing redacted public versions of documents. This must be authorized by court order. Such orders must clearly identify which documents are to be sealed. Redacted versions filed by the parties should include caption language such as “redacted copy pursuant to order dated _______.”
· The Clerk will file under seal specified family law and guardianship documents which are presented with a cover sheet pursuant to GR 22. Please carefully review GR 22 for the new document types allowed to be filed with the confidential cover sheet.
· Pursuant to the new GR 22, reports to the court in Family Law and Guardianship cases, such as Guardian ad Litem and Court Appointed Special Advocate reports, evaluations and assessment reports, need now be filed as 2 separate documents: a public summary report and a confidential detailed report with an accompanying cover sheet.
The
Administrative Office for the Courts has created 2 new cover sheets for family
law or guardianship documents that can be sealed under General Rule 22:
The “Sealed Personal Health Care Records” Cover Sheet and the
“Sealed Confidential Report” Cover Sheet. GR 22(f)(4) restricts the use of these cover sheets to those
documents as provided in the rule. The cover sheets are available on the
Clerk’s website at www.metrokc.gov/kcscc/forms.htm
CHANGES TO LGR 31 ADOPTED ON EMERGENCY BASIS
AND PUBLISHED FOR COMMENT
The King County Superior Court has modified Local General Rule 31 (LGR 31) on an emergency basis, effective February 23, 2006.
LGR 31 was amended to comply with recently changed Washington State General Rule 31 and to codify the Court’s policies regarding on-line access to court records.
The newly modified version of this rule is available on the Clerk’s website at: www.metrokc.gov/kcscc This rule change is now also published for a review and comment period ending on April 15, 2006.
Copies of this change and the previously proposed changes
are available on the Clerk’s website at:
www.metrokc.gov/judicial/lrmenu2.htm and are also available to view at the copy
center in the Clerk’s Office in
Comments to the proposed rule changes should be in writing and directed to:
Barbara Miner
Clerk of the Superior Court
ATTN: Local Rules
516
Alternatively, you may e-mail your comments to: lrcomments@metrokc.gov by April 15, 2006.
The final version of the rules as adopted by the Court after the review and comment period will become effective September 1, 2006.
Sign up to receive Clerk’s Office Alerts automatically by e-mail. To receive future alerts automatically compose an e-mail message and send e-mail as follows:
To: listman@metrokc.gov
Subject: subscribe Clerks Alert Mailing List
If added to the mailing list successfully you will receive a confirmation notice.
ISSUED BY:
Barbara Miner,
Director
MILITARY SERVICE MEMBERS CIVIL RELIEF ACT
(RCW 38.42)
Amendments enacted in May of 2005 to RCW 38.42 provide additional protections to some service members and their families in civil actions, including family law. This statute supplements the Federal Service Members Civil Relief Act, 50 U.S.C. Sec. 501. The Court is finding that it must reject some motions for default and default judgment due to failure to comply with these statutes. According to the state statute, in any civil action or proceeding where the defendant has failed to make an appearance, the Court before entering judgment for plaintiff, shall require the plaintiff to file with the court an affidavit stating whether the defendant is in military service, or is a dependent of a service member in military service and showing necessary facts to support the affidavit OR if the plaintiff is unable to determine such, stating that the plaintiff is unable to determine whether the defendant is in military service or is a dependent of a service member in military service.
If it appears that the defendant is in military service or is a dependent of a service member in military service, the court may not enter a judgment until after the court appoints an attorney for the defendant and may be required to enter a stay of proceedings. “Judgments” do not include temporary orders entered in domestic relations cases under Title 26 RCW.
The statute should be reviewed in conjunction with the Federal Service Members Civil Relief Act as the definitions and scope of protections are not necessarily the same.
One resource for ascertaining whether a person is in the military (but not whether they are a dependent) is the Department of Defense website at https://www.dmdc.osd.mil/scra/owa/home
Sign up to receive Clerk’s Office Alerts automatically by e-mail. To receive future alerts automatically compose an e-mail message and send e-mail as follows:
To: listman@metrokc.gov
Subject: subscribe Clerks Alert Mailing List
If added to the mailing list successfully you will receive a confirmation notice.
ISSUED BY:
Barbara Miner,
Director
KING COUNTY SUPERIOR COURT
LOCAL RULES
The review and comment period for the proposed changes to the King County Superior Court Local Rules is open as of February 1, 2006. The Court will consider all comments received by April 15, 2006.
The rules with proposed changes include: LR 7, 40, 41, 82, 98.04, 98.16, and LFLR 5. LR 98.14 is proposed as a new rule. There are also two rule changes that were approved on an emergency basis effective January 1, 2006 that are out for comment. They are LR 98.20 and LJuCR 4.3.
Copies of the proposed changes are available on the
Clerk’s website at: www.metrokc.gov/judicial/lrmenu2.htm and are also
available to view at the copy center in the Clerk’s Office in
Comments to the proposed rule changes should be in writing and directed to:
Barbara Miner
Clerk of the Superior Court
ATTN: Local Rules
516
Alternatively, you may e-mail your comments to: lrcomments@metrokc.gov by April 15, 2006.
The final version of the rules as adopted by the Court after the review and comment period will become effective September 1, 2006.
SUMMARY OF PROPOSED CHANGES TO THE
KING COUNTY SUPERIOR COURT LOCAL RULES
Emergency Local Rules:
LR 98.20, adopted as an emergency rule effective January 1, 2006, was adopted in order to bring the court’s practice into conformity with newly enacted SHB 1876, codified as Chapter 236, Laws 2005. Under that statute, the incapacitated person retains the right to vote unless the court makes a finding that the person lacks capacity to understand the nature and effect of voting such that the person cannot make an individual choice. The newly effective statute also requires the court to notify the county auditor when a finding has been made to remove the right to vote.
LJuCR 4.3, adopted as an emergency rule effective January 1, 2006, was proposed by a Juvenile Court workgroup and is designed to shorten the case schedule for termination of parental rights cases and provide the court with more scheduling flexibility.
Proposed Rules:
LR 7(b)(5)(A): The proposed change eliminates the service requirement, making the local rule consistent with recent amendments to CR 59 (effective 9/1/05). The WSBA proposed amendments to CR 59 to make the rule consistent with federal practice and to eliminate inconsistencies with other rules related to the post-judgment time period.
LR 40 and LR 41: The Clerk’s Office requests these changes, which are primarily administrative.
LR 82, 98.04, 98.14 and 98.16: The court’s Ex Parte Committee requests these changes.
LR 82(e)(4)(A)(ii): The rule change clarifies that
proceedings may be filed in either case assignment area when the decedent did
not leave a principal residence or any other estate property in
LR 98.04(i): The rule change requires the Personal Representative to notify the court of any address change so that notices from the court and parties may be easily sent and received.
LR 98.14 This new rule is designed to identify petitions under the Trusts and Estates Dispute Resolution Act as stand-alone proceedings, avoiding confusion about case schedules and identification of necessary parties. It is also designed to ensure that TEDRA matters are initially assigned to the Ex Parte and Probate Department, where all other guardianship, probate and trust matters commence.
LR 98.16(b): The new paragraph formalizes the current local practice of setting a due date for filing a blocked account receipt in a minor settlement. It also mandates that the receipt must be submitted on a court-approved form, ensuring that the terms are chosen by the court, not the parties.
LFLR 5: The proposed change makes this rule consistent with LR 40(b)(2)(R)(i).
ISSUED BY:
Barbara Miner,
Director and Superior Court
ISSUE DATE: February 1,
2006
ISSUE NO:
06-002
Earn CLE Credits at 2006 Clerk’s Office Workshop
The Superior Court Clerk’s Office’s Experiential Workshop has been renewed with the Washington State Bar Association, offering up to ten (10) Continuing Legal Education (CLE) credits. It will be offered six times in 2006, with up to 20 enrollees in each session. Attorneys and legal staff obtain valuable practical knowledge from this close-up, inside view of the operations of the Clerk and the Court.
Presenters are subject matter experts from the
Clerk’s Office, the Ex Parte Department, Family Court Services, and
Arbitration. Sessions are in the Seattle Courthouse between 9 a.m. and 3:30
p.m. on the first and second Tuesday of every other month. The first
offering takes place on February 7th and 14th.*
This workshop provides Washington State Bar Association (WSBA) members with up to ten (10) CLE credits. Priority is given to WSBA members, but non-attorney legal staff are encouraged to sign up for the course. Seats in the course not used by attorneys are opened for legal staff about two weeks in advance of the start date. All attendees are given course notebooks, which they soon fill with handouts that include practice tips, up-to-date forms, pointers to important rules and procedures, and more. The course enrollment fee is $100.00.
For further information or to enroll in the workshop, contact CLE Coordinator Roger Winters at (206) 296-7838 or Roger.Winters@metrokc.gov.
* Dates for the Clerk’s Office CLE in 2006 are: February 7+14, April 4+11, June 6+13, August 1+8, October 3+10, and December 5+12.
ARBITRATION LIMIT RAISED TO $50,000 EFFECTIVE
July 25, 2005
Pursuant to Engrossed House Bill (EHB) 1814, the King County Superior Court judges have voted to raise the arbitration limits to $50,000. The new limit will go into effect on July 25, 2005 for cases in which a notice of arbitrability is filed on or after that date. The fee remains at $220.00 and must accompany the Statement of Arbitrability.
1. If the deadline for the Statement falls between June 28, 2005 and July 25, 2005 and to stay in compliance with the case schedule, counsel are encouraged to file a stipulated Statement of Arbitrability agreeing to the higher limit.
2. Provided the case is at issue (all parties served, claims answered), late Statements of Arbitrability due on the case schedule on or after June 28, 2005, will be accepted up to August 1, 2005 without court order.
3. If a show cause order has been issued in a case that is subject to arbitration, a Statement of Arbitrability will be accepted up to the date of the hearing if the case is at issue. A copy of the Statement of Arbitrability must be sent to the Chief Civil or Chief RJC Judge.
4. All other cases wishing to transfer to arbitration from the trial calendar will require a stipulated order pursuant to MAR 8.1 from the assigned judge.
The new limit will not affect cases currently in arbitration unless a written stipulation is received by the arbitrator.
A revised Statement of Arbitrability form is available on the Clerk’s website at www.metrokc.gov/kcscc/forms.htm
New Fee Schedule
Effective July 24, 2005
Chapters 374 and 457, Laws of 2005, effect a number of changes to Clerk’s fees. For a complete list of fees visit the Clerk’s Office at any of its three locations, or visit the Clerk’s website located at http://www.metrokc.gov/kcscc/ and click on 2005 Fee Schedule.
Highlights of fee changes follow:
· The standard filing fee for most civil actions is increased from $110.00 to $200.00
· The domestic facilitator surcharge in most domestic cases is increased to $20.00*
· Initial filings for dissolutions, legal separations or declarations of invalidity require a filing fee of $250.00 (this includes the domestic surcharge of $20.00)
· Most other domestic filing fees have been revised from $120.00 to $220.00
· New Fee: Documents containing a counter-claim, cross claim or third party claim require a filing fee of $200.00. Such documents filed without payment of the required fee will be returned
· New Fee: Filing a Motion/Order to Appear or Note for Hearing in Supplemental Proceedings requires payment of a filing fee of $20.00. Proposed orders will be reviewed for proof of payment of the required fee before being signed by the court
· The filing fee for initiating Antiharassment Actions is increased to $53.00
· The fee for filing an uncontested unlawful detainer action is increased to $45.00, and the additional fee required from the plaintiff if an Answer or an Order to Show Cause is filed is $112.00
· The fee for certified copies has been increased to $5.00 for the first page
· The fee for exemplified copies has been increased to $9.00 for the first page* pending local ordinance authorization
INTRODUCTORY
E-FILING ORIENTATION NOW AVAILABLE
(Attorneys May Earn 1 Hour CLE Credit)
The
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K1: Mon., March 7 |
12 noon–1 pm |
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S2: Wed., March 9 |
12 noon–1 pm |
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S3: Fri., March 18 |
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K3: Mon., April 4 |
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K4: Mon., April 18 |
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To enroll for CLE credit, attorneys should contact Roger Winters at (206) 296-7838 or Roger.Winters@metrokc.gov (email preferred). Provide the attorney’s name, Bar Number, email address and phone, and indicate desired sessions in priority order (e.g., “S1” or “K3”). Non-attorneys should provide name, email address and phone, and indicate desired sessions in order of preference. A confirmation message will be returned including directions to the session.
Introductory sessions can be scheduled for firms or groups. Attorneys attending such sessions earn the 1 hour CLE credit. To request a special presentation, please contact Mr. Winters.
TITLE: Proposed
Changes to King County Superior Court Local Rules
ISSUED BY: Barbara Miner, Director and
ISSUE DATE: February 3, 2005
ISSUE NO: 05-003
CONTACT: Paul Wood, (206) 296-1142
The review and comment period for the proposed changes to the King County Superior Court Local Rules is open as of February 1, 2005. The Court will consider all comments received by April 15, 2005.
The rules with proposed changes include: LR 26, 40, 56, 98.04, 98.20, 98.40, and many of the Local Juvenile Court Rules (LJuCR’s). There are also new proposed rules LGR 31, LR 33 and LJuCR 2.6, 3.10, 3.11 and 3.12.
Copies of the proposed changes are available on the
Clerk’s website at: www.metrokc.gov/judicial/lrmenu2.htm and are
also available to view at the copy center in the Clerk’s Office in
Comments to the proposed rule changes should be in writing and directed to:
Barbara Miner
Clerk of the Superior Court
516
Alternatively, you may e-mail your comments to: lrcomments@metrokc.gov by April 15, 2005.
The final version of the rules as adopted by the Court after
the review and comment period will become effective September 1, 2005.
Summary of Proposed Changes to the King County Superior Court Local Rules
- Changes to LR 26 and new rule 33 limit discovery and were originally presented to the Court by the King County Bar Association. These proposed rules provide that practice-specific interrogatories will be approved by the bench.
- LR 26 was re-numbered slightly. Former LR 26(f), which is the rule authorizing exclusion of witnesses or other sanctions for failure to follow the disclosure requirements of LR 26(b) was re-numbered as 26(b)(4).
- Many of the juvenile dependency rules (LJuCR) have been re-written to bring them into line with recent statutory changes and current practice.
- LGR 31 is currently in place on an emergency basis and is part of the review and comment phase for permanent implementation. The rule proposed is slightly different from the emergency rule approved in November in that it also mandates the use of children’s complete names in probate cases.
- LR 56 was slightly re-written for clarity.
- Changes to LR 98.04 and LR 98.20 clarify what is necessary when filing oaths in probates and guardianships.
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TITLE: Change to
Local General Rule 31 - Use of Children’s Names in Court Documents
ISSUED BY: Barbara Miner, Director and Superior Court Clerk
ISSUE DATE: February 3, 2005
ISSUE NO: 05-002
CONTACT: Paul Wood, (206) 296-1142
The King County Superior Court has modified and re-adopted Local General Rule 31, regarding the use of children’s names in pleadings and other documents filed with the court. A new section regarding probate cases has been added to the version that was previously adopted.
The newly modified LGR 31, effective January 25, 2005, is available on the Clerk’s website at: www.metrokc.gov/kcscc/ The rule is also officially published for a review and comment period ending April 15, 2005.
Reminder: Please be aware that pursuant to LGR 31 full names of children must be included in pleadings if required by federal or state law or rule. Examples of this are Confidential Information Forms, Orders of Child Support, Custody Orders, Orders Establishing a Parenting Plan, Orders Protecting a Child and Orders Restraining a Child from Contacting or Harassing Another. Please read LGR 31 for further examples.
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COURT ADOPTS
LOCAL GENERAL RULE 31
The King County Superior Court has adopted Local General Rule 31, regarding the use of children’s names in pleadings and other documents filed with the court.
The newly adopted LGR 31, effective November 5, 2004, is available on the Clerk’s website at: www.metrokc.gov/kcscc/ The rule will be officially published for a review and comment period starting March 1, 2005, in the normal cycle of local rule changes.
REVISIONS TO THE PROPERTY FORFEITURE and DOMESTIC TRIAL
BY AFFIDAVIT CASE SCHEDULES
The Order Setting Case Schedule for Real and Personal Property Forfeiture has been revised to include weapons forfeitures obtained under RCW 9.41.098, RCW 10.77, RCW 71.05.320 or RCW 71.34.090. The schedule was previously limited to addressing real or personal property seized in drug related cases pursuant to RCW 69.50.505.
The new case schedule has a trial date set 84 days
after filing and at the time of filing these cases will be assigned to a judge.
A Show Cause Hearing will also be set for 2 weeks after filing before the Chief
Civil judge in the case designation area on the court’s motion calendar
to determine whether the petition should continue to trial. The motion
calendar for
The Domestic Trial By Affidavit Schedule has been revised to include a deadline for filing pretrial motions (28 days before trial), and a deadline for hearing pretrial and trial continuance motions (14 days before trial). Trial memoranda by all parties are now due 14 days before trial and replies are due 7 days before trial.
In addition, please note that all family law case schedules have been revised to reflect the new King County Local Family Law Rules citations.
CRIMINAL
MOTIONS CALENDAR PILOT IMPLEMENTED AT THE
Beginning Tuesday,
September 7, 2004, a pilot project will be conducted in regards to the process
of setting and confirming a motion on the 8:30 Criminal Motions Calendar in
This pilot is expected to run for a period lasting 6 months during which time motions will no longer be set and confirmed through the Superior Court Clerk’s office, but will be set and confirmed through the RJC Criminal Department Coordinator via e-mail at RJC, Criminal Calendars or [SMTP:RJCCrimCalendars@metrokc.gov] if e-mailing from outside the King County WAN.
To set a criminal motion at the RJC:
At least five court days in advance of the calendar date, send an e-mail to RJC, Criminal Calendars or [SMTP:RJCCrimCalendars@metrokc.gov] (including the defendants name, case number, nature of motion, and your contact information.
Note: This e-mail request does not obviate the need to give proper notice to opposing counsel and does not change the requirements of CR7.
· Working papers must be received by the RJC Criminal Department Coordinator in GA no later than noon on Thursday prior to the Friday calendar. Working papers will be accepted via e-mail at the above listed mailbox. Timely receipt of working papers in the RJC Criminal department will be considered confirmation of that motion.
· By noon on Thursday prior to the Friday calendar, the RJC Criminal Department Coordinator will send an e-mail to the confirmed parties indicating which RJC court department will be hearing the calendar.
· Direct any further inquiries regarding this pilot process to the Criminal Department Coordinator at the above listed mailbox.
Clerk’s Continuing Legal Education (CLE)
Now Enrolling for October and December Sessions
The Superior Court Clerk’s Office’s Experiential
Workshop for Continuing Legal Education (CLE) credit is offered six times per
year. Members of the Washington State Bar Association (WSBA) earn up to ten
(10) credits during their two days in the
Enrollees learn about operations in the Clerk’s Office and the Superior Court. There are presentations by expert staff from the Clerk’s Office, plus sessions about Ex Parte, Family Court Services, and the Arbitration Department.
Participants in the course receive notebooks they soon fill with handouts containing practice tips, important and commonly used forms, pertinent rules and procedures, and more.
The CLE is held between 9 a.m. and 3:30 p.m. on the first and second Tuesdays of every other month (February, April, June, August, October, December).
Enrollment is now being taken for the October 5 & 12 course and the December 7 & 14 course. To request enrollment or for further information, contact CLE Coordinator Roger Winters at (206) 296-7838 or at Roger.Winters@metrokc.gov.
Joint Confirmation of Trial Readiness Form Update
Parties are reminded that the information submitted by parties on the Joint Confirmation of Trial Readiness form (JCTRF) is vital to the court’s management of its trial calendar. Without the information on the form, the court is not prepared to meet the needs of litigants and their attorneys at trial time. Please note that failure to submit the JCTRF may result in substantial trial assignment delays.
The use of the joint trial confirmation form was formally implemented with an emergency change to Local Rule (LR) 16 effective January 1, 2004. The emergency change mandating use of the JCTRF becomes permanent on September 1, 2004, and at that same time additional changes to LR 16 go into effect. Since January 2004, all appropriate case schedules were changed to include the due date for the trial confirmation form. In addition, since October of 2003, the court has been individually mailing pre-trial orders which mandate use of the trial confirmation form, along with a copy of the blank form.
The joint trial confirmation form is also available on the Clerk’s Office website at www.metrokc.gov/kcscc . The form is due 21 days before trial, with the original filed with the Clerk’s Office and a copy sent to the assigned judge.
CHANGES TO KING COUNTY SUPERIOR COURT LOCAL RULES
The King County Superior Court Local Rules will change effective September 1, 2004.
The specific rules that will change are rules: LR 1, 4, 4.1, 4.2, 4.3, 5, 7, 10, 11, 15, 16, 40, 41, 43, 55, 56, 60, 65, 79, 82, 84, 93.04, 98.04, 98.20, LCrR 5.1, LJuCR 3.2, 3.9, 4.5, 11.23, 12.1, LMAR 4.4, 7.1, LRALJ 3.1, 7.1, and 10.2. The rule being repealed is LR 94.04. It is being replaced and reformatted into its own rule section, in an effort to improve readability and usability. It shall now be quoted as Local Family Law Rules (LFLR) Section, rules 1 through 17.
Copies of the
changes are available in cross-out and underline form and the final revised
form on the Clerk’s website at www.metrokc.gov/judicial/lrmenu2.htm
and are available to view at the copy center in the Clerk’s Office in
Hard copy
versions of the entire set of local rules are also available for purchase at
the copy center in the Clerk’s Offices in
WILL REPOSITORY OPENS
New Statute Effective on June 10, 2004
Pursuant to a legislative change made to Chapter 11.12 RCW during the 2004 legislative session, the King County Superior Court Clerk will accept original wills of living testators (those for whom the wills are written) for deposit into the Clerk’s Will Repository under seal. The new statute provides:
Any person who has custody or control of any original will and who has not received knowledge of the death of the testator may deliver the will for filing under seal to any court having jurisdiction. The testator may withdraw the original will so filed upon proper identification. Any other person, including an attorney in fact or guardian of the testator, may withdraw the original will so filed only upon court order after showing of good cause. Upon request and presentation of a certified copy of the testator's death certificate, the clerk shall unseal the file. …
In
The testator may withdraw the will upon verification of identity. Removal of the deposited will by someone other than the testator requires a court order. A sample Motion and Order is available on the Clerk’s Web site. All pleadings filed relating to the repository must be captioned “IN RE THE DEPOSITED WILL OF ___(testator)_” and should include the date of birth of the testator.
After the death of the testator, and upon request and presentation of a certified copy of the death certificate, the will be unsealed.
The Clerk will retain deposited wills or the record of their withdrawal for 100 years.
The purpose of depositing a will with the clerk is to provide a safe place for the will. It is not required by law that a will be deposited with the clerk. The acceptance of a will for safekeeping by the clerk in no way ensures the validity of any provision contained in the will, nor does acceptance in any way enhance the force or effect of the will. This will is a sealed document before the testator dies and cannot be released except to the testator upon proper identification. Any person, including an attorney in fact or guardian of the testator, may withdraw the original will so filed only upon court order. Upon request and presentation of a certified copy of the testator’s death certificate, the will may become a matter of public record.
Continuing Legal Education (CLE) Enrollment
Enroll Now for CLE, to be held on April 6 and April 13, 2004.
The Superior Court Clerk’s Office’s
Experiential Workshop for Continuing Legal Education (CLE) credit is offered
six times per year in the King County Courthouse in
The CLE is an opportunity to learn about operations in the Clerk’s Office and the Superior Court. Presentations are by expert staff from the Clerk’s Office’s divisions. Other sessions cover Ex Parte, Family Court Services, and the Arbitration Department.
The CLE course is held between 9 a.m. and 3:30 p.m. on the first and second Tuesdays of February, April, June, August, October, and December. This CLE provides Washington State Bar Association members with ten (10) CLE credits. The course enrollment fee is $100. Priority is given to WSBA members. Non-attorney paralegals and other law office staff are encouraged to take the course. Participants receive course notebooks they soon fill with handouts containing practice tips, key forms, copies of important rules and procedures, and more.
To enroll, or for further information, contact CLE Coordinator Roger Winters at (206) 296-7838 or at Roger.Winters@metrokc.gov.
PROPOSED CHANGES TO
KING COUNTY SUPERIOR COURT
LOCAL RULES
The review and comment period for the proposed changes to the King County Superior Court Local Rules will be open beginning March 1, 2004. The Court will consider all comments received by April 30, 2004.
The rules with proposed changes are: LR 1, 4, 4.1, 4.2, 4.3, 5, 7, 10, 11, 15, 16, 40, 41, 43, 56, 79, 82, 84, 93.04, 98.04, 98.20, LCrR 5.1, LJuCR 3.2, 3.9, 4.5, 11.23, 12.1, LMAR 4.4, 7.1, LRALJ 3.1, and 10.2. There are also new proposed rules 12, 60, 65, and LRALJ 7.1. Current LR 94.04 is proposed to be repealed and replaced entirely with new LFLR 1 through 17.
Copies of the proposed changes will be available on the
Clerk’s website at: www.metrokc.gov/judicial/lrmenu.htm and will also be
available to view at the copy center in the Clerk’s Office in
Comments to the proposed rule changes should be in writing and directed to:
Barbara Miner
Clerk of the Superior Court
516
Alternatively, you may e-mail your comments to: lrcomments@metrokc.gov beginning March 1, 2004 and ending April 30, 2004.
The final version of the rules as adopted by the Court after
the review and comment period will become effective September 1, 2004.
Summary of proposed changes to the
King County Superior Court Local Rules:
- The Family law rules have been pulled out of the general civil rule section and are contained in a separate section (LFLR). The rules have been substantially re-written by a bench-bar committee; the drafters included King County Bar Association Family Law committee members. Current LR 4.2 (b)-Confirmation of Issues and LR 4.3-Status Conference family law cases have been withdrawn from the “regular” local rules and incorporated into LFLR 4. Current LR 94.04 will be repealed.
- A number of rules were changed simply to reflect the possibility of e-filing, which has been approved by the Supreme Court in GR 30. Other than changes to LR 4, these changes basically change the word “paper” to “document” and the word “mail” to “issue”. Rules which involve these types of changes are: LR 4, 4.1, 5, 7, 10, 11, 15, 56, 79, 82, 84, 93.04, 98.04 and 98.20. LJuCr 3.2, 3.9, 11.23 and 12.1 were also amended in this regard. Finally, LCrR 5.1, LMAR 4.4 & 7.1 and KCLRALJ 10.2 are part of this group of changes.
- A second change to LR 10 gives lawyers and pro se litigants an option of including an e-mail address as part of their signature, for parties who are willing to accept e-mail communication from the court or from opposing counsel. This rule does not expand the authority for electronic service set out in LR 4 and is only intended to make it easier for court staff to communicate scheduling changes and other administrative matters through e-mail.
- A more significant change impacting a number of rules was a policy decision to remove hearing time and place designations from the rules. LR 1 now provides fairly detailed information about where court calendars can be located. Rules impacted by this change are LR 40 and KCLRALJ 3.1. LR 40 was also somewhat changed to reflect how motions brought at RJC are handled. These changes were intended only to bring the rule into conformance with current practice.
- LR 16 was substantially re-written. LR 16(a) and (b) were previously passed by the bench as emergency rules to accommodate our new case management system. Case management changes are also found in LR 4, LR 4.2, LR 41 and LR 43 (adding the deadline for filing trial readiness confirmation) to the case schedule. LR 16(c) was redrafted to incorporate a general ADR requirement.
- LR 40(e)(3) was amended to reflect current practice regarding preparation of amended case schedules.
- New rules include LR 7(b)(8)-Orders to Show Cause, LR 7(b)(9)-Motion for Order Shortening Time; LR 60-Relief from Judgment or Order and LR 65-Injunctions-Temporary Restraining Orders. If LR 60 is ultimately formally adopted by the court, LR 55(c) will be, in effect, repealed and replaced with a cross-reference to LR 60 and the LFLR 5(c)(6).
- LR 12 is a new rule requiring parties to file a notice of stay in bankruptcy. It is based on Spokane Local Rule 12. The rule contains a requirement that the parties annually update the court if the status of the bankruptcy; LR 41 has been amended to authorize a clerk’s dismissal for failure to update as required.
· KCLRALJ 7.1 is a new rule establishing page limits for RALJ briefs.
PROPOSED CHANGES TO KING COUNTY SUPERIOR COURT LOCAL RULES
The review and comment period for the proposed changes to the King County Superior Court Local Rules will be open beginning March 1, 2004. The Court will consider all comments received by April 30, 2004.
Copies of the proposed changes will be
available on the Clerk’s website at: www.metrokc.gov/judicial/lrmenu.htm beginning March 1, 2004 and will also be available to
view at the copy center in the Clerk’s Office in
Comments to the proposed rule changes should be in writing and directed to:
Barbara Miner
516
Alternatively, you may e-mail your comments to the e-mail address that will be posted on the Clerk’s website beginning March 1, 2004.
COURT ADOPTS EMERGENCY CHANGES TO LR 16 - CHANGES MADE TO CIVIL CASE SCHEDULES
The King County Superior Court has adopted, by emergency rule, revisions to King County Local Rule 16 regarding a new Pretrial Confirmation process. The new “Joint Pretrial Confirmation of Trial Readiness” is a form which must be filed with the court no later than twenty-one days before trial.
Although the rule change eliminates mandatory pretrial conferences for many case types, parties may request a pretrial conference before the judge assigned on any case.
The following schedules have been amended to provide for the Pretrial Confirmation process: Civil, Domestic without children, Condemnation, Administrative Law Reviews with juries, and Arbitration Trial De Novo.
The newly adopted version of LR 16 is available on the Clerk’s website at: www.metrokc.gov/kcscc/ The rule will be officially published for a review and comment period starting March 1, 2004, in the normal cycle of local rule changes.
CLERK TO ISSUE NEW NONPARENTAL CUSTODY CASE SCHEDULE
Effective January 5, 2004, a new Domestic Nonparental Custody case schedule, a 10.5 month schedule, will be issued upon the filing of a petition for nonparental custody in King County Superior Court. The filing fee remains $120 for this type of case. Petitions for nonparental custody may not be filed under another existing action in the King County Superior Court.
The new schedule will comply with
the requirements of RCW 26.10. A judge with the
Department of
Judicial Administration/
Superior Court Clerk’s Office is Moving Effective January 5, 2004
The Department of Judicial Administration/Superior
Court Clerk’s Office is moving after close of business January 2,
2004. The office will be operational in its new temporary space effective
Monday, January 5, 2004. This move is due to the seismic retrofit work
taking place in the King County Courthouse in downtown
The Seattle Courthouse location of the Clerk’s Office will move across the hall from room E609 to room W621 (the previous King County Law Library location), and will remain there until May 2004.
For further information, contact Bob Dowd at (206) 296-7865 or at Bob.Dowd@metrokc.gov
CHANGE OF TIME FOR UNLAWFUL DETAINER HEARINGS AT THE KING COUNTY COURTHOUSE AND AT THE REGIONAL JUSTICE CENTER IN KENT
Effective Friday, August 1, 2003, Unlawful Detainer Hearings at both the King County Courthouse and the Regional Justice Center (RJC) will change from 9:30 AM to 9:00 AM, Monday through Friday in the ExParte Department in each location.
CHANGE OF DATE AND LOCATION FOR THE DOMESTIC STATUS CONFERENCE
CALENDAR AT THE
Effective Tuesday, July 1, 2003, the Regional Justice Center (RJC), domestic Status Conference Calendar will change from Tuesdays to the following Mondays. (Example: Tuesday, July 1st changes to Monday, July 7th) The calendar will be heard in Courtroom 1L, starting at 9:30 a.m.
Notices regarding this change will be sent to parties.
The Status Conference
Calendar in
PROPOSED CHANGES TO KING COUNTY
SUPERIOR COURT LOCAL RULES
The Review and Comment period for the Proposed Changes to the King County Superior Court Local Rules is open beginning February 3, 2003. The Court will consider all comments received by April 7, 2003.
The rules with proposed changes are: LR 4, 4.2, 26, 53.1, 55, 69, 77, 79, 98.20, 98.40, LCrR 0.2, 1.1, LMAR 1.3 and, 2.1. There are also new proposed guardian ad litem rules, LGALR 1, 2, 3, 4, 5, 6, and 7.
Copies of the proposed changes
are available on the Clerk’s website at:
www.metrokc.gov/judicial/lrmenu.htm and are available to view at the copy
center in the Clerk’s Office in
Please direct comments on the proposed changes to:
Barbara
Miner, Superior Court Clerk
ATTN: Local Rules
The final version of the rules as adopted by the Court after the review and comment period will become effective September 1, 2003.
COURT-WIDE JUDICIAL MEETING NOVEMBER 4, 2002
King County Superior Court has scheduled a Court-wide Judicial Meeting on Monday, November 4, 2002. No hearings will be scheduled by the court for that day and hearings already set may be moved.
Moving Trial Dates
The Civil Department Judicial Assistants will be responsible for moving Civil, Domestic, and Paternity trials that are scheduled for November 4, 2002.
Exparte and Family Law Motions and Hearings
These events will be heard as set: Please do not set any further events for November 4, 2002.
The Superior Court Clerk’s Office/Department of Judicial Administration will be open for business.
Arbitration Fee Increases To $220.00
Effective October 1, 2002
King County Ordinance # 14447 and RCW 36.18.016(23) increase the fee for filing a Request for Mandatory Arbitration in King County Superior Court, to two hundred twenty dollars ($220.00). This increase will become effective on October 1, 2002.
Also, pursuant to RCW 36.18.012(3) the fee for filing a Non-Judicial Binding Agreement under TEDRA shall be $20.00.
A revised King County Superior Court
Fee Schedule is on display in the Clerk’s Offices at each location
(King County Courthouse,
SUPERIOR COURT LOCAL RULES
The King County Superior Court Local Rules will change effective September 1, 2002.
The specific rules that will change are: LR 4, 4.2, 4.3, 5, 7, 40, 41, 94.04, 98.40, LCrR 5.1, 7.1, and LJuCR 7.3 and 7.15
Copies of the changes are
available in cross-out and underline form on the Clerk’s website at
www.metrokc.gov/judicial/lrmenu.htm and are available to view at the copy
center in the Clerk’s Office in
Hard copy versions of the
entire set of local rules are also available for purchase at the copy center in
the Clerk’s Office in
CHANGE OF DATE AND LOCATION FOR THE TRIAL BY AFFIDAVIT
CALENDAR AT THE
Effective Monday, July 1, 2002, the Regional Justice Center (RJC), Trial By Affidavit Calendar will change from Mondays to Wednesdays. The calendar will be heard in Courtroom 1H, starting at 1:30 p.m.
Notices regarding this change will be sent to parties.
The Trial By Affidavit
Calendar in
Superior Court Filings No Longer
To Be Accepted At Bellevue District Court
Effective Monday, July 1, 2002, King County Superior Court filings will no longer be accepted in Bellevue District Court. Instead, documents to be filed in King County Superior Court will need to be transmitted via mail, fax, other delivery service, courier or in person, directly to one of the Clerk’s Office facilities. For more information on how to file documents in King County Superior Court, please visit the Superior Court Clerk’s Office web site at http://www.metrokc.gov/kcscc/ or call (206) 296-9300.
This
change is not related to and bears no impact on the Superior Court commissioner
calendar at
PROPOSED CHANGES TO KING COUNTY SUPERIOR COURT LOCAL RULES
The Review and Comment period for
the Proposed Changes to the King County Superior Court Local Rules is now
open. The Court will consider all
comments received by May 1, 2002.
The rules with proposed changes
are: LR 4, 4.2, 4.3, 5, 7, 10, 40, 41, 94.04, 98.20, 98.40, LCrR
5.1, 7.1, and LJuCR 3.7
Copies of the proposed changes
are available on the Clerk’s website at:
www.metrokc.gov/judicial/lrmenu.htm and are available to view at the copy
center in the Clerk’s Office in
Please direct comments on the
proposed changes to:
Barbara
Miner, Superior Court Clerk
ATTN: Local Rules
The final version of the rules as adopted by the Court after the review and comment period will become effective September 1, 2002.
CHANGE OF TIME AND LOCATION
OF THE ANTI-HARASSMENT AND TRIAL BY AFFIDAVIT CALENDARS AT THE
Effective
Monday, April 22, 2002, the Regional Justice Center (RJC) Anti-Harassment
Calendar will be heard at 9:00 a.m. in
Courtroom 1H. This change affects
the RJC calendar only. The
For Monday holidays, calendars will be heard on the Friday prior to the holiday at the RJC. Example: For Monday, May 27th (Memorial Day) the calendar will be heard on Friday, May 24th, at 9:00 a.m. in Courtroom 1L.
The Trial By Affidavit Calendar is changed to Courtroom 1L and will continue to be heard at 1:30 p.m.
CLERK TO ISSUE NEW CASE SCHEDULES: DOMESTIC RELOCATION AND CONDEMNATION
Effective April 1, 2002, two new schedules will be issued on cases filed in the King County Superior Court.
The
Domestic Relocation case schedule is a 90-day schedule that will be issued upon
the filing of an Objection to Relocation and a Petition for Modification of
Custody Decree/Parenting Plan/Residential Schedule. A filing fee of $30 is to
be paid if there is an existing King
County
Condemnation schedules assign a trial date eight (8) months after filing for all public use disputes in eminent domain proceedings. This schedule will comply with the expeditious resolution requirements of R.C.W. 8.08.040 and 8.12.090. The filing party will contact the assigned judge to set the public use and necessity hearing.
A revised Case Information Cover Sheet (CICS) will list Relocation objections under domestic and paternity causes of action. The condemnation cause of action will be revised to reflect issuance of the schedule at time of filing. An updated CICS form is available on the Clerk’s Office website, www.metrokc.gov/kcscc/
ISSUE NO: 02-003
FILING AND CASE MANAGEMENT OF TEDRA AND POWER OF ATTORNEY CASES
The Trust and Estate Dispute Resolution Act (“TEDRA “) became effective January 1, 2000. It provides for both non-judicial and judicial methods of resolving disputes related to probates and trusts. TEDRA is codified as RCW 11.96A and it replaces RCW 11.96. The following is information on how the King County Superior Court Clerk’s Office and Superior Court manage TEDRA cases.
· Per RCW 11.96A.100, attorneys should caption TEDRA filings as "In re the Estate of _________.” Other than the Non-Judicial Binding Agreement supported by RCW 11.96A.220, TEDRA filings should be initiated with a summons and petition.
· All TEDRA filings will be given a case type “4” cause number and will not receive a case schedule at the time of filing. The cause code “TEDRA” should be marked on the Case Information Cover Sheet. While RCW 11.96A.090(2) permits a TEDRA filing incidental to an existing proceeding, a filing fee will be charged pursuant to state law. Filing a petition within an existing proceeding, however, will have the inadvertent effect of making all parties of each proceeding become notice parties to all proceedings within that cause number.
· TEDRA cases shall follow LR 82(e)(4)(A)(ii) governing the case assignment designation of Probate, Guardianship, and Trust cases.
· TEDRA cases may not need judicial involvement. The filing party will know this at the time of filing. If one is filing a “Non-Judicial Binding Agreement” under RCW 11.96A.220, the filing will be deemed equivalent to a recording, and a fee of $2 will be charged. The Clerk’s Office staff will open and close the case all in one transaction, because no other filing or activity of any kind is expected. Subsequent filings or activity in the cause number will trigger the usual $110 filing fee.
· Any TEDRA filing other than the recording of a Non-Judicial Binding Agreement will require a $110 filing fee. The appointment of a Special Representative or Guardian ad Litem is judicial activity requiring the $110 filing fee.
· If a party files the $2 Non-Judicial Binding Agreement, and then later needs judicial action in the case (any additional filings or any judicial involvement at all), the party shall pay the $110 filing fee and may then proceed to request judicial involvement. The same cause number as was used for the non-judicial agreement will be used for the ongoing case.
· TEDRA judicial proceedings are assigned to the Ex Parte & Probate Department for hearing. If a need for an extended hearing arises, an Ex Parte commissioner will certify the TEDRA case for trial. Upon receipt of that certification, a cashier in the Clerk’s Office will issue a case schedule and an individual judge assignment.
·
The
TEDRA statute also permits a party to file a Decedent’s Estate case for
administration in a county other than the county of domicile (last permanent
residence) of the deceased person.
Should a party elect to file the estate of a
The Power Of Attorney Act under RCW 11.96.090 provides for the filing of a petition to request the court to review the actions of a person designated as having power of attorney authorization. RCW 11.94.130 states that the provisions of chapter 11.96A (TEDRA) are applicable to the proceedings commenced by the filing of a petition under RCW 11.94.090, except for RCW 11.96A.260 through 11.96A.320.
· Per RCW 11.96A.100, attorneys should caption POA filings as "In re the Estate of _________.” POA filings should be initiated with a summons and petition.
· All POA filings will be given a case type “4” cause number and will not receive a case schedule at the time of filing. The cause code “TEDRA” should be marked on the Case Information Cover Sheet.
· POA cases shall follow LR 82(e)(4)(A)(ii) governing the case assignment designation of Probate, Guardianship, and Trust cases.
·
POA
judicial proceedings are assigned to the Ex Parte & Probate Department for
hearing. If a need for an extended
hearing arises, an Ex Parte commissioner will certify the POA case for
trial. Upon receipt of that
certification, a cashier in the Clerk’s Office will issue a case schedule
and an individual judge assignment.