2018 Amendment of Local Rules, eff 9/1/18

Amendments of Lewis County Superior Court Local Rules , Local Mandatory Arbitration Rule 1.1 (LMAR 1.1), Local Mandatory Arbitration Rule 2.1 (LMAR 2.1) and   Local Civil Rule 2 (LCR 2) Motions for Revisions of Commissioner Rulings will be effective September 1, 2018. 

 

LOCAL MANDATORY ARBITRATION RULES OF THE SUPERIOR COURT FOR LEWIS COUNTY, STATE OF WASHINGTON               

SCOPE AND PURPOSE OF RULES 

LMAR 1.1 APPLICATION OF RULES - PURPOSE AND DEFINITIONS 

(a)   Purpose.  The purpose of mandatory arbitration of civil actions under RCW 7.06 as implemented by the Mandatory Arbitration rules is to provide a simplified and economical procedure for obtaining the prompt and equitable resolution of disputes involving claims of $100,000.00 or less.  Claims in which the sole relief sought is the establishment, modification or termination of maintenance or child support payments shall not be subject to mandatory arbitration unless stipulated to in writing by the parties or otherwise ordered by the court.  The Mandatory Arbitration rules as supplemented by these local rules are not designed to address every question, which may arise during the arbitration process, and the rules give considerable discretion to the arbitrator.  The arbitrator should not hesitate to exercise that discretion.  Arbitration hearings should be informal and expeditious, consistent with the purpose of the statutes and rules

.(b)   Administration.  The arbitration department shall consist of the Court Administrator or Assistant Court Administrator, or such other person designated by the Superior Court Judges.  The arbitration department shall supervise arbitration under these rules and perform any additional duties, which may be delegated. 

[Adopted effective November 6, 1992; Amended effective October 1, 1994, amended effective September 1, 2007; Amended effective September 1, 2017; Amended effective September 1, 2018]

 

 

LMAR 2.1  TRANSFER TO ARBITRATION

 (a)  Statement of Arbitrability.  In every civil case the party filing the note for trial assignment shall upon the form provided by the court, complete a statement of arbitrability, and serve it upon opposing counsel or party, if not represented by counsel. Prior to the trial-setting date, any party disagreeing with the statement of arbitrability or willing to stipulate to arbitration shall serve and file a response to the statement or arbitrability as filed, upon the form prescribed by the court.  In the absence of such a response, the statement of arbitrability shall be deemed correct, and the case shall be set for arbitration.  Cases transferred to the arbitration calendar shall be stricken from the trial calendar.  Unless otherwise ordered by the court, no trial date shall be assigned in cases, which are subject to arbitration. 

 If a party asserts that it’s claim exceeds $100,000.00, or seeks relief other than a money judgment, the case is not subject to arbitration, except by stipulation.

(b)  Failure to file-amendments.  A party failing to serve and file an original response within the time prescribed may do so later only upon leave of court.  A party may amend the statement of arbitrability or response thereto at any time prior to assignment of an arbitrator or assignment of a trial date and thereafter only by leave of court for good cause shown. 

[Adopted effective November 6, 1992, amended effective September 1, 2007; Amended effective September 1, 2018]

 

LCR 2. MOTIONS FOR REVISION OF COMMISSIONER RULINGS 

A party filing a motion for revision of a ruling of a Court Commissioner shall note the motion for argument before the presiding judge such that, within 30 days of filing, the matter shall be considered and determined. Absent extraordinary circumstances, any motion for revision not heard within 30 days of filing shall be considered abandoned, stricken by the court and the commissioner’s ruling affirmed. 

(a) Revision by Motion and Notice. Revision shall be initiated by filing a motion with the Clerk of the Court within 10 days after entry of the order or judgment as provided in RCW 2.24.050. The motion must specify each portion of the Order for which revision is sought. The revision form shall designate a hearing date no later than 30 days after the filing of the motion. The Motion for Revision shall also be noted in accordance with Civil Rules 6 and 7. A copy of the motion for revision shall be served upon the other parties, or their counsel, if represented, within 10 days after the entry of the order or judgment and at least five court days before the hearing date. An additional three days notice shall be required if service is by mail.

 (b) Transcript Required. At least four days prior to the hearing on the motion, the moving party shall file a transcript of the oral ruling of the Commissioner. The moving party shall obtain the transcript at their expense. A copy of the transcript shall, at least four days before the hearing, also be served upon the other parties and a bench copy furnished to the Judge who will hear the motion. A transcript will not be required if the matter was decided by letter decision, or if no oral decision was rendered. The transcript shall be prepared by an Official Court Reporter. Failure to comply with these requirements may result in denial of the motion. 

 

[Adopted effective September 1, 2001; amended effective September 1, 2015; amended effective September 1, 2018]

 

Posted: July 3, 2018