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Chelan Superior Court   Chelan Superior Court LSPR 94.04 FAMILY LAW PROCEEDINGS A. APPLICABILITY OF THE RULE. Unless otherwise specified, this rule applies to all family law proceedings, including paternity actions and non-parental custody and/or visitation actions, defined as follows: Any proceeding in which the court is requested to adjudicate or enforce the rights of the parties or their children regarding the determination or modification of child custody, visitation, parenting plan, child support or spousal maintenance, or the temporary distribution of property or obligations. B. NON-CONTESTED DISSOLUTION HEARINGS. (1) Hearing. Non-contested dissolution cases will be heard on a calendar set by the Superior Court Judges and Clerk. The days and times are set forth in LR 77. The Clerk shall not place any case on the non-contested calendar unless the file shows one of the following: a. The applicant’s opponent has joined in the petition for dissolution of marriage; or b. The applicant’s opponent has waived notice or has signed a consent to hearing on the date noted; or c. An order for default has been applied for or entered. The Clerk shall not place any case on the non-contested calendar unless proof is filed that summons was served more than ninety (90) days before the date selected for hearing or that the case has been on file more than ninety days and both parties have submitted to the jurisdiction of the court. (2) Note for Non-contested Calendar-Attorney. A notice of hearing on the non-contested calendar must be filed by counsel with the Clerk at least three court days before the date of the hearing. (3) Note for Non-contested Calendar- Without Attorney (Self-represented). A notice of hearing on the non-contested calendar by a self-represented party shall be accompanied by pleadings which the party proposes to submit to the court as final orders that have been pre-approved by the Chelan County Family Court Navigator, a Chelan County Court Facilitator, Douglas County Court Facilitator, a Limited License Legal Technician, or private attorney. Such proposed pleadings shall include Findings of Fact and Conclusions of Law or Waiver of same signed by all parties, Final Divorce Order, Parenting Plan and/or Residential Schedule, Child Support Worksheets, Order of Child Support, and a Residential Time Summary, where applicable. The Clerk shall not place any case on the non-contested calendar upon application by any self-represented party unless it is accompanied by the party’s pre-approved, proposed pleadings. (4) Order on Non-contested Calendar. The order of the calendars shall be as follows: a. Matters where attorneys appear; b. Self-represented matters in which pleadings are complete for the court’s review; c. All other matters. (5) Mandatory JIS Search for All Cases Involving Children. At least three (3) days prior to scheduled hearing for entry of final orders, self-represented parties and attorneys must complete and submit the form in Exhibit 1. If orders are to be presented ex parte, this completed form must accompany the final documents when presented to the court for signature. (6) Withdrawal of Consent. Before a Final Divorce Order is entered, a party may move to withdraw any consent or waiver previously given. Such motion must be supported by affidavit showing good cause and shall be noted for hearing on the show cause calendar. (7) Disposition of Issues in Final Divorce Order. No Final Divorce Order shall be entered unless the order disposes of all issues over which the court has jurisdiction relating to disposition of property and liabilities of the parties and support or maintenance of either spouse. For good cause shown, the court may in its discretion enter a Final Divorce Order stating that it retains jurisdiction to dispose of issues relating to parenting and child support. C. CONTESTED DISSOLUTIONS. (1) Pretrial Forms. In all final hearings or trials in domestic relations matters, each party shall provide to the judge or commissioner, and serve on the opposing party, a written statement as to the issues in controversy at least three (3) days prior to trial. The written statement may be in any form chosen by the attorney to convey the following: (a) A brief factual summary; (b) Issues in dispute [whether property, debts or custody]; (a) Case law, if it will be argued, supporting your position; (b) Proposed distribution of assets and debts, proposed parenting plan and child support amount, if in dispute; (c) Areas of agreement. If one of the parties is seeking maintenance or child support, both parties shall complete the financial declaration contained in Exhibit A to LR 94.04. If the parties are in dispute as to the distribution of assets and debts, both parties shall complete Exhibit B to LR 94.04. The pretrial forms shall not be filed with the Clerk. Unless explained otherwise by the parties, the values shown on the pretrial form should include proposed pension, retirement, profit sharing or other deferred benefit or financial security plan; the cash surrender value of all life insurance policies; the amounts of accounts receivable, inheritance due, and trust accounts; the fair market value of all other property including collections, antiques; and in the case of automobiles, the average between wholesale and retail blue book values. (2) Enforcement. If either party fails to comply with paragraph B(1) set forth above, the trial judge may order such party or his attorney to pay an appropriate attorney’s fee to the opponent for any additional work or delay caused by the failure to comply. If either party fails to comply, the trial date may be stricken. (3) Continuances. Stipulations or motions to continue a case already on the trial calendar must be in writing, supported by a declaration showing sufficient grounds for the requested continuance. The moving party shall present a written order for entry. (4) Note for Trial Setting Without Attorney (Self-represented). A notice of trial setting by a self-represented party shall be accompanied by pleadings which the party proposes to submit to the court as final orders that have been pre-approved by the Chelan County Family Court Navigator, a Chelan County Court Facilitator, Douglas County Court Facilitator, Limited License Legal Technician, or private attorney. Such proposed pleadings shall include Findings of Fact and Conclusions of Law or Waiver of same signed by all parties, Final Divorce Order, Parenting Plan and/or Residential Schedule, Child Support Worksheets, Order of Child Support, and a Residential Time Summary, where applicable. The Clerk shall not place any case on the trial setting docket upon application by any self-represented party unless it is accompanied by the party’s pre-approved, proposed pleadings. [Effective September 1, 2016] D. CHILD CUSTODY OR PARENTING PLAN PROCEEDINGS (1) Parenting Plans. (a) Proposed, Temporary and Permanent Parenting plans shall be in the form required by State law. Proposed temporary parenting plans need not have the dispute resolution and decision making sections completed. E. DATING AND MAILING OF DECREES AND ORDERS. (1) When any decree or order is filed in a dissolution matter, the attorney for the party presenting the order, or the party if the matter is presented pro se, shall immediately deliver or mail to the opposing party, or to the opposing party’s last known address, or to opposing counsel, a true copy of the decree or order with the date of entry indicated on each copy. A declaration of mailing of such true copy shall be filed. F. HEARINGS – SHOW CAUSE – PRELIMINARY AND TEMPORARY ORDERS (1) Hearings. See Local Rule 77. (2) Hearings by Documentary Evidence. All show cause hearings pertaining to requests for temporary support money and/or attorney’s fees shall be heard and determined by documentary evidence only, unless the parties request that oral testimony be given and the court, in its discretion, agrees. (3) Supporting Worksheet. A motion for order to show cause for temporary support shall be supported by a child support worksheet in the form prescribed by state law and may also include a financial declaration in the form designated in Exhibit A attached to this rule. No order shall be signed setting a show cause hearing for temporary support unless the signed worksheet accompanies the motion. (4) Information Considered Notwithstanding Non-appearance. An affidavit or child support worksheet filed by a non-appearing respondent shall be considered by the court at the time of hearing on show cause hearings and upon hearing default dissolutions. (5) Limitations on Declarations. (a) Application. This section (5) of this rule does not apply to domestic violence petitions or domestic violence motions. (b) Children’s statements. Declarations by minors are disfavored. (c) Format: All filed documents and copies provided as “Working Papers” and served on other parties and attorneys shall be legible. If typed or computer printed, documents shall be in 12 point or larger type, double-spaced between the lines. (d) Page limits. (i.) Generally. Absent prior authorization from the court, the entirety of all declarations and affidavits from the parties and any non-expert witnesses in support of motions (except financial declarations), including any reply, shall be limited to a sum total of twenty-five (25) pages. The entirety of all declarations and affidavits submitted in response to motions shall be limited to a sum total of twenty (20) pages. (ii.) Exhibits. Exhibits that consist of declarations or affidavits of parties or witnesses shall count towards the above page limit. All other exhibits attached to a declaration or affidavit shall not be counted toward the page limit. (iii.) Financial Declarations. Financial Declarations and financial documents do not count toward the page limit. (iv.) Expert Reports and Evaluations. Declarations, affidavits, and reports from Court Appointed Special Advocates (CASA), Guardians Ad Litem (GAL) and expert witnesses do not count toward the page limit. (v.) Miscellaneous Exceptions. Copies of declarations or affidavits previously filed for a motion already ruled upon and supplied only as a convenience to the court in lieu of the court file do not count toward the page limit. Deposition excerpts shall not count toward the page limit. G. DISPOSAL OF PROPOSED PARENTING PLAN. The Clerk is authorized to remove from the file and dispose of all proposed parenting plans after the Permanent Parenting Plan has been entered and the time for appeal has elapsed. H. MANDATORY INFORMATION EDUCATION WORKSHOP The Chelan County Superior Court finds that it is in the best interest of any child whose parents or custodians are involved in specific court proceedings to provide such parents with an educational workshop concerning the impact of family restructuring has on their child. The workshop offers parents tools to help ensure that their child’s emotional needs will not be overlooked during the legal process, to encourage parents to agree on child-related matters, and to aid in maximizing the use of court time. (1) Types of Proceedings Required. Each person named as a party in the following types of proceedings filed after January 1, 1997, must comply with LSPR 94.04I: 1. Dissolution of Marriage with child(ren) under 18 years old; 2. Legal Separation or Declaration of Invalidity with child(ren) under 18 years old; 3. Petition to establish custody or visitation including paternity; and/or 4. Post-judgment petition involving custody or visitation. (2) Service on Parties. The Clerk of the court shall provide the current brochure/registration pamphlet to the initiating party for service upon all parties against whom relief is sought describing the program including contact telephone numbers, addresses, statement of costs, and an explanation of how to request a waiver or deferral of the program registration fee. (3) Mandatory. Each party who files an appearance in a proceeding of the types described above in Section (1) shall complete the program unless exempted by the court. No final order approving any residential or parenting plan shall be entered without proof of completion of such education program by the parents or legal guardians unless otherwise ordered by the court. (4) Ninety (90) Day Deadline. Each party shall attend and complete an approved parenting workshop within ninety (90) days of filing a proceeding specified in Section (1) above. I. MANDATORY JIS SEARCH FOR ALL CASES INVOLVING CHILDREN At least three (3) days prior to scheduled hearing for entry of final orders, self-represented parties and attorneys must complete and submit the form in Exhibit C to LSPR 94.04. If orders are to be presented ex parte, this completed form must accompany the final documents when presented to the court for signature. J. SHOW CAUSE HEARINGS WITH SELF-REPRESENTED PARTIES (1) Self-represented Note for Show Cause Calendar. All self-represented parties, at the time of scheduling a show cause hearing, must provide the Clerk copies of pleadings which the party proposes to submit to the court as temporary orders that have been pre-approved by the Chelan County Family Court Navigator, a Chelan County Court Facilitator, Douglas County Court Facilitator, Limited License Legal Technician, or private attorney. Such proposed pleadings shall include Temporary Orders, Temporary Parenting Plans/Residential Schedules, Temporary Order of Child Support, etc, where applicable. (2) Self-represented Immediate Orders. Parties shall not be required to obtain pre-approval of pleadings submitted for immediate orders. The Clerk shall not file said proposed pleadings, but shall instead hold all proposed pleadings until the hearing. J. COURT’S AUTOMATIC TEMPORARY RESTRAINING ORDER IN CASES INVOLVING CHILDREN WITH SELF-REPRESENTED PARTIES Upon the filing of a Summons and Petition in any dissolution or parenting plan case, the court shall issue an Automatic Temporary Restraining Order, for which no fees will be imposed, using the form set forth in Exhibit D to LSPR 94.04. The Petitioner is subject to this order from the time of filing the Petition. The Petitioner shall serve a copy of this order on the Respondent and file a declaration of service in the court file. The Respondent is subject to this order from the time that the order is served. [Effective September 1, 2016] [Amended September 1, 2015; Amended September 1, 2016; Amended September 1, 2017] Click here to view in a PDF.