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LOCAL RULES FOR THE SUPERIOR COURT OF SPOKANE …

LOCAL RULES OF THE SUPERIOR COURT FOR SPOKANE COUNTY EFFECTIVE SEPTEMBER 1, 2021 LOCAL RULES for the SUPERIOR COURT for SPOKANE County Effective September 1, 2020 Page | 1 LOCAL RULES FOR THE SUPERIOR COURT OF SPOKANE COUNTY Originally Effective January 1, 1979 Including Amendments Received Through September 1, 2021 TABLE OF CONTENTS Administrative RULES (LAR) Introductory LAR Departments of COURT LAR COURT Organization and Management LAR Committees LAR Standards for Timely Disposition of Civil Cases LAR Case Schedule Order and Assignment of Civil Cases LAR Civil Mediation LAR Revision of COURT Commissioner's Order or Judgment LAR LOCAL Rule to Implement GR 31 and GR 22 LAR 30 Electronic Filing Civil RULES (LCR) Commencement of Action LCR 5 Service and Filing of Pleadings and Other Paper

LSPR 94.06 Guardians Ad Litem - RCW Title 26 Family Law - Appointment, Guardian Ad Litem Report, Case and Annual Evaluations and Complaint Procedures LSPR 96.04 Change of Name of Stepchild LSPR 98.04 Estates-Probate LSPR 98.16W Attorney's Fees Fixed by Court In Minor Or Incompetents Settlements LSPR 98.18 Court-Created Trusts

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Transcription of LOCAL RULES FOR THE SUPERIOR COURT OF SPOKANE …

1 LOCAL RULES OF THE SUPERIOR COURT FOR SPOKANE COUNTY EFFECTIVE SEPTEMBER 1, 2021 LOCAL RULES for the SUPERIOR COURT for SPOKANE County Effective September 1, 2020 Page | 1 LOCAL RULES FOR THE SUPERIOR COURT OF SPOKANE COUNTY Originally Effective January 1, 1979 Including Amendments Received Through September 1, 2021 TABLE OF CONTENTS Administrative RULES (LAR) Introductory LAR Departments of COURT LAR COURT Organization and Management LAR Committees LAR Standards for Timely Disposition of Civil Cases LAR Case Schedule Order and Assignment of Civil Cases LAR Civil Mediation LAR Revision of COURT Commissioner's Order or Judgment LAR LOCAL Rule to Implement GR 31 and GR 22 LAR 30 Electronic Filing Civil RULES (LCR)

2 Commencement of Action LCR 5 Service and Filing of Pleadings and Other Papers Pleadings and Motions LCR 7 Pleadings LCR 10 Form of Pleadings and Other Papers LCR 12 Defenses LCR 15 Amended Pleadings LCR 16 Pretrial Procedure Depositions and Discovery LCR 37 Failure to Make Discovery: Sanctions Trials LCR 38 Jury Trial of Right LCR 40 Assignment of Cases & Motion Practice LCR 43 Taking of Testimony LCR 47 Jurors LCR 49 Verdicts LCR 51 Instructions to Jury and Deliberation LCR 52 Decisions, Findings and Conclusions Judgment LCR 54 Judgments and Costs LCR 55 Default and Judgment LOCAL RULES for the SUPERIOR COURT for SPOKANE County Effective September 1.

3 2021 Page | 2 LCR 56 Summary Judgment LCR 69 Execution SUPERIOR Courts and Clerks LCR 77 SUPERIOR Courts and Judicial Officers LCR 79 Books and Records Kept by Clerk LCR 80 COURT Reporters LOCAL General RULES (LGR) LGR Destruction, Sealing, and Redaction of COURT Records LGR Electronic Filing and Service LGR Access to COURT Records Special Proceedings RULES (LSPR) LSPR Garnishments LSPR Collaborative Law Process LSPR Adoptions LSPR Mandatory Parenting Seminars LSPR Family Law Actions LSPR Family Law, Guardian Ad Litem, and Discovery Procedures LSPR Guardians Ad Litem - RCW Title 26 Family Law - appointment , Guardian Ad Litem Report.

4 Case and Annual Evaluations and Complaint Procedures LSPR Change of Name of Stepchild LSPR Estates-Probate LSPR Attorney's Fees Fixed by COURT In Minor Or Incompetents Settlements LSPR COURT -Created Trusts LSPR Conflicts of Interest of Proposed Guardian / Conservator LSPR Estates Guardianships / Conservatorships / Trusts LSPR Guardians Ad Litem/ COURT Visitor RCW Guardianships and Conservatorships appointment , Guardian Ad Litem/ COURT Visitor Report, Case and Annual Evaluations and Complaint Procedures LSPR Mandatory Guardian/Conservator Training LOCAL Mandatory Arbitration RULES (LSCCAR)

5 Scope and Purpose of RULES LSCCAR Application of RULES -Purpose and Definitions LSCCAR Matters Subject to Arbitration Transfer to Arbitration and Assignment of Arbitrator LSCCAR Transfer to Arbitration LSCCAR Assignment to Arbitrator Arbitrators LSCCAR Qualifications LSCCAR Authority of Arbitrators LOCAL RULES for the SUPERIOR COURT for SPOKANE County Effective September 1, 2021 Page | 3 Procedures After Assignment LSCCAR Discovery Hearing LSCCAR Notice of Hearing-Time and Place-Continuance LSCCAR Prehearing Statement of Proof-Documents Filed With COURT Award LSCCAR Form and Content of Award LSCCAR Filing of Award LSCCAR Judgment on Award Trial De Novo LSCCAR Request for Trial De Novo General Provisions LSCCAR Stipulations-Effect on Relief Granted LSCCAR Title and Citation LSCCAR Compensation of Arbitrator LSCCAR Administration Criminal RULES (LCrR)

6 Procedures Prior to Arrest and Other Special Proceedings LCrR The Indictment and the Information Rights of Defendants LCrR Presence of the Defendant LCrR Omnibus Hearings and Motions Juvenile COURT RULES (LJUCR) Shelter Care Hearings LJuCR Notice and Right to Hearing Dependency and Guardianship/Termination LJuCR Filing and Service of Process of Dependency, Guardianship and Termination Petitions [Rescinded] LJuCR Content of Petition [Rescinded] LJuCR appointment of Counsel and Scheduling of Dependency Fact-Finding Hearing [Rescinded] LJuCR Dependency Review Hearing LJuCR Assignment to COURT Commissioner LJuCR Setting A Contested Hearing [Rescinded] At-Risk Youth (ARY) and Child In Need of Services (CHINS)

7 Proceedings LJuCR Procedure for Filing [Rescinded] LJuCR appointment of Attorney [Rescinded] LOCAL RULES for the SUPERIOR COURT for SPOKANE County Effective September 1, 2021 Page | 4 LJuCR Scheduling of Fact-Finding Hearing [Rescinded] LJuCR Notice of Fact-Finding Hearing [Rescinded] LJuCR Detention Hearing [Rescinded] LJuCR Disposition Hearing [Rescinded] LJuCR Review Hearing [Rescinded] Offense Proceedings LJuCR Detention Hearing LJuCR Summons Right to Lawyer and Experts LJuCR Right to appointment of Experts Supplemental Provisions LJuCR Continuances LJuCR Calendar Inquiries LJuCR Medical Consent Authorizations LJuCR Payment of Restitution Through Clerk Truancy Proceedings LJuCR Legal Representation LJuCR Notice LOCAL RULES for Appeals of Decisions of Courts of Limited Jurisdiction (LRALJ)

8 Assignment of Cases in SUPERIOR COURT LRALJ Assignment and Procedure for Appeals from COURT , Agencies and Tribunals of Limited Jurisdiction Authority of COURT Pending Appeal-Stays LRALJ Authority of COURT Pending Appeal LRALJ Stay of Enforcement of Judgment SUPERIOR COURT Decision LRALJ Basis for Decision on Appeal LRALJ Entry of Decision Violation of RULES -Sanctions and Dismissal LRALJ Dismissal of Appeal LOCAL Writ Practice RULES (LWP) LWP Application for Writ LWP Dismissal LOCAL RULES for the SUPERIOR COURT for SPOKANE County Effective September 1, 2021 Page | 5 ADMINISTRATIVE RULES (LAR) INTRODUCTORY LAR DEPARTMENTS OF COURT The SUPERIOR COURT of SPOKANE County shall be divided into as many departments as there are judges authorized by law.

9 The departments shall be numbered consecutively in the order of their creation, as follows: Department Created Incumbent Judge No. 1 1889 Hon. Annette S. Plese Amended effective 01/08/2009 No. 2 1891 Hon. Charnelle Bjelkengren Amended effective 05/01/2019 No. 3 1901 Hon. Raymond F. Clary Amended effective 05/21/2015 No. 4 1907 Hon. Julie M. McKay Amended effective 02/08/2016 No. 5 1909 Hon. Michael P. Price Amended effective 01/02/2004 No. 6 1949 Hon. Tony D. Hazel Amended effective 04/13/2017 No. 7 1963 Hon. Maryann C. Moreno Amended effective 01/21/2003 No.

10 8 1973 Hon. Harold D. Clarke III Amended effective 01/10/2005 No. 9 1977 Hon. John O. Cooney Amended effective 01/10/2013 No. 10 1979 Hon. Michelle Szambelan Amended effective 03/19/2018 No. 11 1996 Hon. Timothy B. Fennessy Amended effective 01/05/2017 No. 12 1999 Hon. Rachelle E. Anderson Amended effective 01/02/2019 LAR COURT ORGANIZATION AND MANAGEMENT (a) General Management. The general management of the courts shall be vested in the presiding judge under policy established by the judges at regular and special meetings. (b) Meetings. The judges shall meet regularly on Thursday of each week during the noon hour.


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