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Clerk's Alerts Mailing List To subscribe, click on the link below and send the email. To: listserv@lists.kingcounty.gov Type in the body of the email. subscribe clerks-alert-mailing-list If added, you will receive a confirmation notice If you have difficulties with subscribing please send email to bob.dowd@metrokc.gov Clerk's Office Alerts Last Updated April 28, 2008 |
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King County | Clerk's Office | News | Services | Comments | Search Links to external sites do not constitute endorsements by |
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
Type in the body of the email. subscribe clerks-alert-mailing-list
If added to the mailing list successfully you will receive a confirmation notice.
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 cen