KITSAP COUNTY LOCAL COURT RULES

Rule 7

RULE 7.  PLEADINGS ALLOWED; FORM OF MOTIONS  
    (b)       Motions and Other Papers.

    (1)  How Made.

    (A)  Reapplication for Order.  When an order has been applied for and refused in whole or in part (unless without prejudice), or has been granted conditionally and the condition has not been performed, the same application for an order shall not be presented to another judge.

If a subsequent application is made upon an alleged different statement of facts or law, it shall be shown by affidavit what application was made, when, and to what judge; what order or decision was made thereon; and what new facts or law are claimed to be shown.

For failure to comply with this requirement, any order made upon such subsequent application shall be set aside upon request of an opposing party.

     (2)        Form.

     (A)  Necessary Provisions in Orders Requiring Personal Attendance.  In all civil proceedings wherein an order is to be issued requiring the personal attendance of a person to be examined in open court, the order shall include the following words in capital letters:

YOUR FAILURE TO APPEAR AS ABOVE SET FORTH AT THE TIME, DATE AND PLACE STATED WILL CAUSE THE COURT TO ISSUE A BENCH WARRANT FOR YOUR APPREHENSION AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE MATTER CAN BE HEARD OR UNTIL BAIL IS POSTED.

No bench warrant shall be issued in such cases for the ap­prehension of the cited person if such language has been omitted.

     (1) Domestic Relations. In each dissolution, declaration of invalidity, or legal separation, counsel and the parties shall participate in a settlement conference presided over by a judge, judge pro tem, or court commissioner. Settlement conferences are mandatory.

          (A) Preparation Required. Prior to said conference each party shall have submitted to the other party and the court a completed a Domestic Relations Form in the form of Exhibit E. The attorneys shall come prepared to discuss in detail and in good faith all unresolved issues in the case and, in addition, all pretrial matters if the case is not settled.

     (2) Non Domestic Relations. Settlement conferences are mandatory.

          (A) Attendance and Preparation Required. At least five (5) court days prior to the settlement conference, all parties and counsel shall serve a complete Memorandum for Settlement upon the other parties and provide the original for the settlement conference judge. The original memorandum shall not be filed, but shall be returned to its author at the conclusion of the settlement conference. The attorney personally in charge of each party’s case and trial counsel shall personally attend all settlement conferences and shall come prepared to discuss in detail and in good faith the following:

          (i) All liability issues.
          (ii) All items of special damages or property damage.
          (iii) The degree, nature, and duration of any claimed disability.
          (iv) General damages.
          (v) Explanation of position on settlement.
          (vi) Pretrial conference matters if the case is not settled.

(B) Parties to be Available.

          (i) Presence in Person. The parties shall, in all cases, be present.
          (ii) Representative of Insurer. A party whose defense is provided by a liability insurance company shall personally attend said settlement conference and a representative of the insurer of said party shall attend or be available by telephone with sufficient authority to bind the insurer to a settlement.
          (iii) Court May Excuse Attendance. Attendance of a party may be excused upon notice to other parties no later than twenty-four (24) hours prior to the settlement conference at the discretion of the settlement conference judge, preassigned judge, or Presiding Judge for good cause shown.

     (3) Mandatory Confirmations. All settlement conferences must be confirmed in person, by telephoning the Superior Court at (360) 337-7140 (Option #2), or by Email at supcourtconfirm@co.kitsap.wa.us  no later than 12:00 noon on the day before the conference, but not earlier than forty-eight (48) hours in advance. Failure to confirm may result in the imposition of terms and/or sanctions as the court may deem appropriate.

     (4) Failure to Attend. Failure to attend the settlement conference in accordance with these rules may result in the imposition of terms and/or sanctions as the court may deem appropriate.

     (5) Changes or Continuances. Changes or continuances of settlement conferences may be authorized only by the Presiding Judge or preassigned judge on timely written motion and for good cause shown. [See also KCLCR 40(b)(6)(C)(iv) for Domestic Relations.]

     (6) Proceedings Confidential. Proceedings of settlement conferences shall, in all respects, be confidential and not reported or recorded. No party shall be bound unless a settlement is reached. When a settlement has been reached, the judge or commissioner may, in his or her discretion, and with the consent of the parties, order any agreement to be placed on the record.

     (7) Pretrial Power of Court. If the case is not settled at the settlement conference, the judge may nevertheless make such orders as are appropriate pursuant to pretrial conference rules. [See CR 16.]

     (8) Judge Disqualified for Trial. A judge presiding over a settlement conference shall be disqualified from acting as the trial judge or exercising discretion in regard to subsequent motions in that matter.