Pierce County Superior Court
Summary of 2018 Proposed Local Rule Changes
March 30, 2018
The Pierce County Superior Court Local Rules Committee hereby submits its proposed rule changes to take effect September 1, 2018. We are soliciting input and comment from the Tacoma-Pierce County Bar. We request all comments to be submitted no later than May 4, 2018. Comments may be submitted to Judge Tim Ashcraft: [email protected].
The following is a summary of the primary proposed changes. You should review the document (changes and additions are marked) for the complete proposed changes.
PCLGR 30 Mandatory Electronic Filing.
The Committee proposes some limited exceptions to the ex parte fee associated with the mandatory electronic filing requirement for documents filed on the record in open court before the assigned judge or at the discretion of the Court. 30(b)(5)(A).
PCLR 3 Commencement of Action/Case Schedule
The Committee proposes adding new case types that are subject to a two-month review and changing other categories of cases from a four-month review to a two-month review. 3(b)(1).
PCLR 7 Motions: Judges and Commissioners
The Committee proposes several changes to Local Rule 7. First, civil motions under Rule 7 will be on a 7-day, rather than 6-day, calendar. On a non-holiday week, motions would need to be filed by Wednesday for hearing on Friday of the following week. Responses would be due on Tuesday by noon, with replies due by Wednesday at noon. 7(a)(3)(A).
For the Commissioner dockets, first note that there is an additional department (Department D). 7(b)(1). Next, working copies will no longer be required for the Commissioners’ docket. 7(b)(2). In lieu of working copies, parties complete an information form listing all pleadings to be considered at the hearing, using new Form T. 7(b)(1)(E), 94.04(c)(4). Similarly, matters docketed on the afternoon probate/trust, guardianship, unlawful detainer, sale of structured settlement, minor settlement, vulnerable adult protection order, parentage, and domestic violence protection order calendars will now use a new form, Form U. 7(b)(1)(F), 98.04(c), 98.04(b), 98.16W(d), (e), 98.18(f), (h), 98.20(b)(4), (c).
Motions for Reconsideration have been clarified. Pursuant to the proposed revisions, Motions for Reconsideration must be filed within 10 days of the entry of the Order sought to be revised and noted for hearing within 30 days of the entry of the original order. 7(c)(2). No response may be filed unless requested by the Court, but no motion for reconsideration will be granted unless the non-moving party is given an opportunity to respond. The motion will be considered without oral argument unless specifically requested by the Court. 7(c)(3).
PCLR 40 – Notices of Disqualification
This rule has been updated to reflect the statutory change away from Affidavits of Prejudice to the new terminology, Notice of Disqualification. 40(f). Note that there is a new form (Form V) to use for Notices of Disqualification.
PCLRSPR 94.04 – Family Law Proceedings
Throughout this rule, the names of pleadings have been updated to reflect statewide mandatory form changes. The subsection regarding additional GAL retainers was updated to conform to Local Administrative Policy #1, section 4.4, requiring the parties to request additional fees for the GAL. 94.04(e)(2)(A). See also, changes referenced above consistent with the changes to Local Rule 7.
PCLRSPR 98.04 – Estates – Probates – Notices
Sections (b) and (c) reflect new motion calendaring requirements as discussed above in Local Rule 7.
PCLRSPR 98.16W – Settlement of Claims of Minors
Sections (d) and (e) reflect the new motion calendaring requirements in Local Rule 7.
PCLRSPR 98.20 – Guardianships
Sections (b)(4) and (c) reflect the new motion calendaring requirements in Local Rule 7.
Section 3.1 reflects the statutory change that applies to the qualifications to be an MAR arbitrator and waives the CLE requirement for experienced arbitrators as allowed by RCW 7.06.040(2)(b).
As always, we welcome your input and your comments.
Judge Tim Ashcraft
Chair, Pierce County Superior Court Local Rules Committee