LOCAL RULES OF THE SUPERIOR COURT FOR CLARK …

LOCAL RULES OF THE SUPERIOR COURT FOR CLARK COUNTY

September 1, 2020

September 1, 2020

TABLE OF CONTENTS

Scope of Rules . . . . . . . . . . . . . . . . . . . . . . 1

Administrative Rules (LAR):

Departments, Seniority and Management . 1 Court Management and Organization . . . . 1 Court Administrator . . . . . . . . . . . . . . . . . . 2 Case Assignment and Dockets . . . . . . . . . . 3 Criminal Judge . . . . . . . . . . . . . . . . . . . . . . 3 Calendars . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Jury Sessions . . . . . . . . . . . . . . . . . . . . . . . 4 Attire of Counsel and Litigants . . . . . . . . . 4 E-mail Communication. . . . . . . . . . . . . . . . 4 Juvenile Department . . . . . . . . . . . . . . . . . 5 Family Court . . . . . . . . . . . . . . . . . . . . . . . 6 Visitation Schedule . . . . . . . . . . . . . . . . . . 7 Domestic Violence Petitions . . . . . . . . . . . 7 Civil Bench Warrant . . . . . . . . . . . . . . . . . 8 Writs of Habeas Corpus. . . . . . . . . . . . . . . 8

Civil Rules (LCR):

Dissolution of Marriage, Modifications . . . 9 Show Cause Orders . . . . . . . . . . . . . . . . . . 9 Temporary Restraining Orders . . . . . . . . . 9 Child Support . . . . . . . . . . . . . . . . . . . . . . 9 Filing Times/Dates. . . . . . . . . . . . . . . . . . 11 Pleadings, Form of . . . . . . . . . . . . . . . . . 12 Jury, Demand for . . . . . . . . . . . . . . . . . . 13 Assignment of Cases . . . . . . . . . . . . . . . . 14 Jurors . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Decisions, Findings & Conclusions . . . . 18 Commissioner's Order, Revision of . . . . 18 Summary Judgment . . . . . . . . . . . . . . . 19

New Trial, Reconsideration . . . . . . . . . . . 19 Withdrawal by Attorney. . . . . . . . . . . . . . 20 Judicial Officers, Powers of . . . . . . . . . . . 20 Commissioner, Change of . . . . . . . . . . . . 20 Motion Day . . . . . . . . . . . . . . . . . . . . . . . 21 Books and Records Kept By Clerk . . . . 21 Exhibits . . . . . . . . . . . . . . . . . . . . . . . . 21 Withdrawal of Files and Exhibits . . . . . . 21 Drugs or Dangerous Items . . . . . . . . . . . 22

Civil Arbitration Rules (CAR):

Arbitration, Matters Subject to . . . . . . . . 23 Statement of Arbitrability/Response . . . . 23 Assignment to Arbitrator . . . . . . . . . . . . 24 Additional Arbitrators/Parties . . . . . . . . . 25 Qualifications of Arbitrators . . . . . . . . . . 25 Arbitration Panel . . . . . . . . . . . . . . . . . . 25 Refusal; Disqualification of Arbitrators. .. 25 Arbitrators, Authority of . . . . . . . . . . . . . 25 Location of Hearing . . . . . . . . . . . . . . . . . 26 Conduct of Arbitration Hearings . . . . . . . 25 Award of Arbitrator, Form . . . . . . . . . . . 27 Judgment on Award . . . . . . . . . . . . . . . . 27 Trial De Novo, Request for . . . . . . . . . . . 28 Arbitration, Stipulation . . . . . . . . . . . . . 28 Compensation of Arbitrator . . . . . . . . . . 28

Special Proceedings Rules (SPR):

Show Cause Orders . . . . . . . . . . . . . . . . 29 Estates - Probate, etc. . . . . . . . . . . . . . . . 29 Settlement of Claims . . . . . . . . . . . . . . . 29 Guardianships and Trust . . . . . . . . . . . . . 30

Reasonableness Hearings . . . . . . . . . . . . 31

Criminal Rules (LCrR):

Criminal Appeals. . . . . . . . . . . . . . . . . . . 32 Civil Appeals. . . . . . . . . . . . . . . . . . . . . . 33 Right To and Assignment of Counsel. . . 33 Property Bonds in Lieu of Bail . . . . . . . . 33 Presence of Defendant . . . . . . . . . . . . . . 35 Omnibus Hearings . . . . . . . . . . . . . . . . . 35 Presentence Investigation . . . . . . . . . . . 35 Mental Rules . . . . . . . . . . . . . . . . . . . . . 35 Probable Cause Hearing . . . . . . . . . . . . . 35

Guardian ad Litem Rules (LGAR):

Appointment of Guardian ad Litem . . . . . 36 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 GAL Grievance Procedures . . . . . . . . . . . 36

Appeals of Decisions of Lower Jurisdictions (LGAR):

Small Claims Appeals Procedures . . . . . . 38

LOCAL RULES OF THE SUPERIOR COURT FOR CLARK COUNTY

Originally Effective January 1, 1987

Pursuant to Rule 83 of the Civil Rules for Superior Court, the following rules are hereby adopted by the Superior Court of Clark County, Washington, to be in effect after January 1, 1987, superseding all former rules and special rules.

SCOPE OF RULES These rules are assembled to conform with the requirements of CR 83. Each rule is given the

CR number, section or subsection which most clearly deals with the same subsection. These rules are supplemental to the State rules and are not to be construed in derogation thereof. Numerical omissions indicate that there are no local rules on this subject.

ADMINISTRATIVE RULES - LAR

RULE 0.1 DEPARTMENTS, SENIORITY AND MANAGEMENT (a) Departments. The Superior Court for Clark County shall be divided into as many

individual numbered departments as there are judges authorized by law. Each judge in the order of seniority shall select an unassigned courtroom.

(b) Seniority. Seniority shall be established by the length of continuous service as a judge of the Superior Court. In the event two or more judges have equal length of service, their seniority shall be determined by lot.

(c) Assignments. The assignment of courtrooms, whenever necessary, shall be incorporated into an order signed by the Presiding Judge and filed with the Clerk of the Court. [Amended effective

September 1, 2002]

RULE 0.2 COURT MANAGEMENT AND ORGANIZATION (a) Authorities. The authority to manage and conduct the Court shall be vested in: (1) The Superior Court Judges through regular monthly meetings held on the first and

third Tuesdays of each month or special meetings of a majority of the Judges; [Amended effective

September 1, 2016]

(2) The Presiding Judge and the Assistant Presiding Judge in the interim between meetings of the Judges [Amended effective September 1, 2002]

(b) Duties and Responsibilities. (1) The Judges, en banc, have final authority over any matters pertaining to court

organization and operation and over any individual or committee of the Court. [Amended effective

September 1, 2002]

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(2) Decisions made between meetings of the Judges and particularly matters of policy affecting the Court and its operation shall be presented to the Judges at the next meeting by the Presiding Judge for approval, ratification, modification or rejection. [Amended effective September 1, 2002]

(3) The Presiding Judge and Assistant Presiding Judge shall be elected by a majority vote of the Court's Judges for a term not to exceed two years and shall perform all of the duties of the position required by General Rule 29(f). Said elections shall occur at the December Judges meeting in odd numbered years so designated for the election. [Amended effective September 1, 2016]

(4) There shall be a Chief Family Law Division Judge, appointed by the Presiding Judge for a term of two years. The duties of the Chief Family Law Judge shall include assignment of work, creation of special calendars, supervision of the implementation of case management tools, development of policy for alternate dispute resolution, supervision of Family Treatment Court and Family Law Guardianship services and such other duties as may be delegated by the Judges or Presiding or Assistant Presiding Judge. [Amended effective September 1, 2008]

(c) Vacancies. (1) Presiding Judge. In the event of a vacancy in the office of the Presiding Judge prior to

the completion of the two year term of the Presiding Judge, the Assistant Presiding Judge shall serve as Presiding Judge for the remainder of the unexpired term.

(2) Assistant Presiding Judge. In the event of a vacancy in the office of the Assistant Presiding Judge prior to the completion of the two year term of the Presiding Judge, a new Assistant Presiding Judge shall be elected pursuant to subsection (3) above at the next regularly scheduled judges meeting for the remainder of the unexpired term.

(3) Removal. The Presiding and Assistant Presiding Judge may be removed by a majority vote of the judges after noting the issue on the agenda for the next regularly scheduled Judges meeting. [Amended effective September 1, 2016]

(d) Executive Committee. (1) The Presiding Judge, Assistant Presiding Judge, Chief Criminal Judge, immediate

past Presiding Judge and Chief Family Law Judge shall serve as the Court's Executive Committee. [Amended effective September 1, 2016]

RULE 0.2.5 COURT ADMINISTRATOR (a) Selection. The court administrator shall be appointed by a majority of all of the judges

and shall serve at the pleasure of the appointing authority under the direction and supervision of the Presiding and Assistant Presiding Judge. [Amended effective September 1, 2014]

(b) Powers and Duties. The powers and duties of the court administrator include but are not limited to the following:

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