| Title of Clerk's Alert | Date |
|---|---|
| Changes to LMAR 3.1 and 8.6 Adopted on Emergency basis | December 5, 2007 |
| Tracking Guardianship and Trust Reports | August 3, 2007 |
| Proposed changes to King County Superior Court Local Rules | February 1, 2007 |
| Changes to King County Superior Court Local Rules | September , 2006 |
| Changes to State Court General Rule 15 and 22 | July 3, 2006 |
February 28, 2006 | |
February 14, 2006 | |
| Proposed changes to King County Superior Court Local Rules | February 1, 2006 |
January 24, 2006 | |
July 5, 2005 | |
| Introductory E-Filing Orientation Now Available | March 8, 2005 |
| Proposed Changes to King County Superior Court Local Rules | February 3, 2005 |
| Change to Local General Rule 31 - Use of Children's Names in Court Documents | February 3, 2005 |
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.
FOR MORE INFORMATION ON THIS TOPIC CONTACT: Paul Wood at 206-296-1142
ISSUED BY: Barbara Miner, Director
ISSUE DATE: December 5, 2007
ISSUE NO:07-005
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.
FOR MORE INFORMATION ON THIS TOPIC CONTACT: Sandra Nelson (206) 296-7894
ISSUED BY:Barbara Miner
ISSUE DATE: August 3, 2007
ISSUE NO: 07-004
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 Seattle and in Kent.
Comments to the proposed rule changes should be in writing and directed to:
Barbara Miner
Clerk of the Superior Court
ATTN: Local Rules
516 Third Avenue, Rm E609
Seattle, WA 98104
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.
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
516 Third Avenue, Room E609
Seattle, WA 98104
Alternatively, comments may be e-mailed to: lrcomments@metrokc.gov.
FOR MORE INFORMATION ON THIS TOPIC CONTACT: Paul Wood at 206-296-1142
ISSUED BY: Barbara Miner, Director and Superior Court
ISSUE DATE: February 1, 2007
ISSUE NO:07-001
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 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.
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:
· 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 availablefor 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.
· Anupdated form order “Order to Seal” is available on the Clerk’s website at www.metrokc.gov/kcscc/forms.htm.
· Newredacting 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
FOR MORE INFORMATION ON THIS TOPIC CONTACT:
Sheila Martin, Case Processing Supervisor, at 206-296-7867
ISSUED BY:Barbara Miner,
Director and Superior Court Clerk
ISSUE DATE: July 3, 2006
ISSUE NO:06-006
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/kcsccThis 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 Seattle and in Kent.
Comments to the proposed rule changes should be in writing and directed to:
Barbara Miner
Clerk of the Superior Court
ATTN: Local Rules
516 Third Avenue, Rm E609
Seattle, WA 98104
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.
FOR MORE INFORMATION ON THIS TOPIC CONTACT: Paul Wood at 206-296-1142
ISSUED BY: Barbara Miner, Director
ISSUE DATE: February 28, 2006
ISSUE NO:06-004
UPDATED INFORMATION : 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
FOR MORE INFORMATION ON THIS TOPIC CONTACT: Sandra Nelson @ 206-205-0518
ISSUED BY:Barbara Miner, Director
ISSUE DATE: February 14, 2006
ISSUE NO:06-003
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 Seattle and in Kent.
Comments to the proposed rule changes should be in writing and directed to:
Barbara Miner
Clerk of the Superior Court
ATTN: Local Rules
516 Third Avenue, Rm E609
Seattle, WA 98104
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.
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.
LJuCR4.3, 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 King County. The rule change brings the local rule into conformity with RCW 11.96A.050(3), allowing actions to be filed in any county regardless of the location of the estate property.
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 98.14This 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).
FOR MORE INFORMATION ON THIS TOPIC CONTACT: Paul Wood at 206-296-1142
ISSUED BY: Barbara Miner, Director and Superior Court
ISSUE DATE: February 1, 2006
ISSUE NO:06-002
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 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.
offering takes place on February 7th and 14th.*
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
The KingCounty Superior Court Clerk’s Office has scheduled one-hour introductory sessions to show attorneys and others the new Electronic Filing (E-Filing) application. Attorneys must enroll in advance for and attend a particular session in order to earn one hour of WSBA-approved CLE credit. Others should enroll in advance to be assured a seat in a given session. The following sessions are now available:
SeattleCourthouse, Room E-609 516 Third Avenue, Seattle |
Regional JusticeCenter 401 Fourth Ave. N, Kent | |||
S1:Fri., March 4 |
12 noon–1 pm |
K1:Mon., March 7 |
12 noon–1 pm | |
S2: Wed., March 9 |
12 noon–1 pm |
K2: Mon., March 21 |
12 noon–1 pm | |
S3:Fri., March 18 |
12 noon–1 pm |
K3:Mon., April 4 |
12 noon–1 pm | |
S4: Wed., March 23 |
12 noon–1 pm |
K4: Mon., April 18 |
12 noon–1 pm | |
S5: Fri.,.April 1 |
12 noon–1 pm |
|||
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 Superior Court Clerk
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 Seattle and in Kent.
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 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
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.
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.