Clerk's Alerts 2002 through 2004

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 Seattle is heard on Tuesdays or Wednesdays at 1:30 p.m. and on Fridays at 10:00 a.m. in Kent.

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 REGIONAL JUSTICE CENTER ONLY

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 Kent.

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 County Courthouse. Non-attorney legal staff are enrolled in the course on a space-available basis. Tuition is just $100 for a total of ten hours of instruction.

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 Seattle and in Kent.

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.

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 King County, a party wishing to deposit an original will of a living person must complete a Will Repository Cover Sheet (WRCS), which is available in the Clerk’s Office or on the Clerk’s Web site at www.metrokc.gov/kcscc/forms.htm. A filing fee of $20 is required to deposit a will in the Clerk’s Will Repository. An index will be maintained in the Superior Court Management Information System (SCOMIS) under the name and date of birth of the testator. Any other filing, such as of a codicil, also requires payment of the $20 filing fee. If a will is withdrawn from the Repository, it may be deposited again with payment of the $20 filing fee.

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 Seattle. The targeted recipients for this training are members of the Washington Bar who practice law in King County and law office paralegals and other legal staff.

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 Seattle and in Kent beginning March 1.

Comments to the proposed rule changes should be in writing and directed to:

Barbara Miner
Clerk of the Superior Court
516 Third Avenue, Rm E609
Seattle, WA 98104

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 beginningMarch 1, 2004 and will also be available to view at the copy center in the Clerk’s Office in Seattle and in Kent on that date.

Comments to the proposed rule changes should be in writing and directed to:

Barbara Miner
CountyClerk
516 Third Avenue, Rm E609
Seattle, WA 98104

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 Unified Family Court Department will be assigned to the case at the time of filing. Washington State mandatory pattern forms shall be used in this action with the following exception: WPF CU 03.0500, “Order Directing DCFS/CPS to Release Information and Order Restricting Access.” King County has developed a local form entitled “Motion, Declaration, Authorization and Order to Release CPS Records” and mandates its use. A revised Case Information Cover Sheet (CICS) requires the filing party to indicate that the child custody action is nonparental. Both the Motion and updated CICS are available on the Clerk’s Office website, www.metrokc.gov/kcscc/forms.htm

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 Seattle.

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.

CHANGEOF DATE AND LOCATION FOR THE DOMESTIC STATUS CONFERENCE CALENDAR AT THE REGIONAL JUSTICE CENTER

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 Seattle is not affected by this change.

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 Seattle and in Kent.

Please direct comments on the proposed changes to:

Barbara Miner, Superior Court Clerk
ATTN: Local Rules
516 Third Avenue, Room E609
Seattle, WA 98104

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.

Exparteand 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, Regional Justice Center, Juvenile). This information is also available at the Clerk’s Office web site at: http://www.metrokc.gov/kcscc/

CHANGES TO KING COUNTY

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 Seattle and in Kent.

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 Seattle and in Kent.

CHANGE OF DATE AND LOCATION FOR THE TRIAL BY AFFIDAVIT CALENDAR AT THE REGIONAL JUSTICE CENTER

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 Seattle is not affected by this change.

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 Bellevue which occurs on the first and third Thursdays of each month.

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 Seattle and in Kent.

Please direct comments on the proposed changes to:

Barbara Miner, Superior Court Clerk
ATTN: Local Rules
516 Third Avenue, Room E609
Seattle, WA 98104

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 REGIONAL JUSTICE CENTER

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 Seattle calendar is not changed.

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 domestic or paternity case; otherwise the filing fee is $120. This schedule will comply with the requirements of RCW 26.09.430 through 26.09.480. A judge will be assigned at the time of filing.

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/

FOR MORE INFORMATION ON THIS TOPIC CONTACT: Sandra Nelson, (206) 205-0518
ISSUED BY:Barbara A. Miner
ISSUE DATE: March 15, 2002
ISSUE NO:02-003

FILING AND CASE MANAGEMENT OF TEDRA ANDPOWER 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 King County resident in another county, it will still be necessary to file a Notice to Creditors in King County, per RCW 11.40.020. When filing the Notice to Creditors in King County, the $110 filing fee will be due.

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.