KITSAP COUNTY LOCAL COURT RULES

I SCOPE AND PURPOSE OF RULES

RULE 1.1 APPLICATION OF RULES

(a) Application and 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 $50,000 or less, exclusive of attorney fees, interest, and costs. 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 be informal and expeditious, consistent with the purpose of the statute and rules.

RULE 1.2 MATTERS SUBJECT TO ARBITRATION

The following matters are subject to mandatory arbitration: (a) civil actions at issue in the Superior Court where the sole relief sought is a money judgment not in excess of $50,000, exclusive of attorney fees, interest, and costs, and (b) Small Claims Judgments appealed from District Court.


RULE 1.3 RELATIONSHIP TO SUPERIOR COURT JURISDICTION AND OTHER RULES

(b) Which Rules Apply.

(1) Generally. All motions before the court relating to mandatory arbitration shall be noted on the Civil Motions Calendar in accordance with KCLCR 77, except as otherwise provided in these arbitration rules.

II. TRANSFER TO ARBITRATION AND ASSIGNMENT OF ARBITRATOR

RULE 2.1 TRANSFER TO ARBITRATION

(a) Statement of Arbitrability. In every civil case, when any party has determined that the case is ready for trial and that the case is subject to arbitration, either mandatory or by stipulation, such party shall file with the Clerk a Note for Arbitration Setting & Initial Statement of Arbitrability (Exhibit K ). A duplicate copy shall be delivered to the Arbitration Department at the Superior Court office

(b) Response to Statement of Arbitrability. Any party disagreeing with the Statement of Arbitrability shall serve and file a response on the form prescribed by the court (Exhibit G). A duplicate copy of the response shall be delivered to the Arbitration Department at the Superior Court office. In the absence of such a response, the Statement of Arbitrability shall be deemed correct and a non responding party shall be deemed to have stipulated to arbitration if the Statement of Arbitrability provides that the case is arbitrable. If a party asserts that its claim exceeds $50,000 or seeks relief other than a money judgment, the case is not subject to arbitration except by stipulation.

(c) Failure to File Amendments. A party failing to serve and file an original response within the time prescribed may later do so only upon leave of the court. A party may amend the Initial Statement of Arbitrability or response at any time before assignment of an arbitrator or assignment of a trial date, or thereafter only upon leave of the court for good cause shown.

(d) By Stipulation. A case in which all parties file a stipulation to arbitrate under MAR 8.1(b) will be placed on the arbitration calendar regardless of the nature of the case or amount in controversy.

III. ARBITRATORS

RULE 3.1 QUALIFICATIONS

(a) Arbitration Panel. There shall be a panel of arbitrators in such numbers as the administrative committee may determine. A person desiring to serve as an arbitrator shall complete an information sheet on the form prescribed by the court. A list showing the names of the arbitrators available to hear cases and information sheets will be available for public inspection in the Superior Court office. The oath of office on the form prescribed by the court must be completed and filed prior to an application being placed on the panel.

(b) Refusal; Disqualification. The appointment of an arbitrator is subject to the right of that person to refuse to serve. An arbitrator must notify the Court Administrator immediately if he or she refuses to serve or if any cause exists for the arbitrator’s disqualification from the case on any of the grounds of interest, relationship, bias, or prejudice set forth in CJC Canon 3(c) governing disqualification of judges. If disqualified, the arbitrator must immediately return all materials in the case to the Court Administrator.

(c) Challenge to Qualifications. Any party may challenge the qualifications of the appointed arbitrator by motion to the Superior Court Presiding Judge provided, however, that said motion must be made within fourteen (14) days of the appointment of the arbitrator.

RULE 3.2 AWARD OF ATTORNEY FEES

In addition to the authority given to arbitrators under MAR 3.2, an arbitrator has the authority to award fees, as authorized by these rules, by a contract, or by law except CR 11 sanctions.

IV. PROCEDURES AFTER ASSIGNMENT

RULE 4.2 DISCOVERY

(a) Additional Discovery. In determining when additional discovery beyond that directly authorized by MAR 4.2 is reasonably necessary, the arbitrator shall balance the benefits of discovery against the burdens and expenses. The arbitrator shall consider the nature and complexity of the case, the amount of controversy, the values at stake, the discovery that has already occurred, the burdens on the party from whom discovery is sought, and the possibility of unfair surprise which may result if discovery is restricted. Authorized discovery shall be conducted in accordance with the Civil Rules except that motions concerning discovery shall be determined by the arbitrator.

(b) Discovery Pending at the Time Arbitrator is Assigned. Discovery pending at the time the case is assigned to an arbitrator is stayed pending order from the arbitrator or except as the parties may stipulate or as authorized by MAR 4.2.

V. HEARING

RULE 5.1 NOTICE OF HEARING

(a) Notice of Hearing Time Place Continuance. In addition to the requirements of MAR 5.1, the arbitrator shall give reasonable notice of the hearing date and any continuance to the Court Administrator.

RULE 5.2 PREHEARING STATEMENT OF PROOF

(a) Prehearing Statement of Proof Documents Filed with Court. In addition to the requirements of MAR 5.2, each party shall also furnish the arbitrator with copies of pleadings and other documents contained in the court file which the party deems relevant.

VI. AWARD

RULE 6.1 FORM AND CONTENT OF AWARD

(a) Form. The award shall be prepared on the form prescribed by the court. (Exhibit H.)

(b) Return of Exhibits. When an award is filed, the arbitrator shall return all exhibits to the parties who offered them during the hearing.


RULE 6.2 FILING OF AWARD

A request by an arbitrator for an extension of time for the filing of an award under MAR 6.2 must be presented to the Court Administrator.


RULE 6.3 JUDGMENT ON AWARD

A judgment on an award shall be presented to the Ex Parte Judge, by any party, on notice in accordance with MAR 6.3.

VII. TRIAL DE NOVO

RULE 7.1 REQUEST FOR TRIAL DE NOVO

(a) Service and Filing.

(1) Must be Accompanied by Note for Trial. The request for trial de novo shall be accompanied by a Note for Trial on the forms provided by the clerk. (Exhibit A.)

RULE 7.2 PROCEDURE AFTER REQUEST FOR TRIAL DE NOVO

(e) Trial To Be Set in Accordance with KCLCR 40. When a trial de novo is requested as provided in MAR 7.1 and LMAR 7.1(a)(1), trial shall be set in accordance with KCLCR 40(b)(1).

RULE 7.3 COSTS AND ATTORNEY FEES

MAR 7.3 shall apply only to costs and reasonable attorney fees incurred since the filing of the request for a trial de novo.

VIII. GENERAL PROVISIONS

RULE 8.1 STIPULATIONS

(b) To Arbitrate Other Cases.

(1) Stipulations Effect on Relief Granted. If a case not otherwise subject to mandatory arbitration is transferred to arbitration by stipulation, the arbitrator may grant any relief which could have been granted if the case were determined by a judge.


RULE 8.4 TITLE AND CITATION

These rules are known and cited as the Kitsap County Superior Court Mandatory Arbitration Rules. LMAR is the official abbreviation.


RULE 8.6 COMPENSATION OF ARBITRATOR

(a) Generally. Arbitrators shall be compensated in the same amount and manner as judges pro tempore of the Superior Court; provided, the compensation shall not exceed $500.00 for any case without approval of the Presiding Judge. [See KCLCR 54(a)(l).]

(b) Form. When the award is filed, the arbitrator shall submit to the Superior Court office a request for payment on a form prescribed by the court. The Presiding Judge shall determine the amount of compensation to be paid.


RULE 8.7 ADMINISTRATION

(a) Supervision. The Presiding Judge and his or her designees shall supervise arbitration under these rules.

(b) Administrative Committee Composition and Terms. There shall be an administrative committee composed of the Presiding Judge and four (4) members of the Kitsap County Bar Association. The members of the committee shall serve one (1) year terms and may be reappointed.

(c) Administrative Committee Power and Duties. The administrative committee shall have the power and duty to:

(1) Select a chairperson and establish procedures;

(2) Appoint the panel of arbitrators provided in LMAR 3.1(a);

(3) Remove a person from a panel of arbitrators;

(4) Establish procedures for selecting an arbitrator not inconsistent with the Mandatory Arbitration Rules or these rules; and

(5) Review the administration and operation of the arbitration program periodically and make recommendations as it deems appropriate to improve the program and submit any recommendations to the Kitsap County Bar Association membership for comment and to the Superior Court for ratification.