Superior Court Administration sends out notices for trials, hearings governed by Case Scheduling Orders, and other orders or correspondence, electronically, as directed by the bench. In the future the clerks will also send out notices, orders and other correspondence electronically.
Under former GR 30(b)(3), the court and litigants had to secure the consent of others for electronic service. Courts will be paperless in the coming years. Electronic service of documents is a logical and necessary step in that direction. The Supreme Court recently adopted amendments to CR 5 and GR 30 that allow courts to mandate electronic service of pleadings by local rule. Benton Franklin Counties Superior Court has adopted Local Rule 5(a), which authorizes the Court and the clerk to serve notices, orders and other correspondence electronically upon attorneys without their consent. GR 30(b)(3) reads as follows:
- Electronic Transmission from the Court. The Court or clerk may electronically transmit notices, orders, or other documents to all attorneys as authorized under local court rule, or to a party who has filed electronically or has agreed to accept electronic documents from the court, and has provided the clerk the address of the party's electronic mailbox. It is the responsibility of all attorneys and the filing or agreeing party to maintain an electronic mailbox sufficient to receive electronic transmissions of notices, orders and other documents. The Court and clerk will send documents to the electronic mailbox address shown on the Washington State Bar Association online Attorney Directory. Parties are reminded that, pursuant to CR 5(b)(7), a party may serve pleadings electronically on another party only with the consent of the other party. Optional form Agreements to Accept Electronic Notification are available on the Court’s website (emphasis added).
Note that the local rule does not mandate that attorneys and litigants must accept documents transmitted electronically from each other, or that non-attorney litigants must accept electronic service from the Court or clerk. The local rule requires only that attorneys must accept documents transmitted electronically from the Court or clerk. Non-attorney litigants (self-represented parties) may opt-out of receiving electronic notices, orders and other documents from the Court or clerk by filing a Notice of Address Change (NTACA).
Attorneys are reminded to check the Bar Association Attorney Directory to verify that his/her e-mail address is correct or that Court Administration has a correct e-mail address. Non-attorney litigants are encouraged to consent to e-mail notifications form the Court, clerk and other litigants by completing and returning the appropriate consent form(s), which can be found below.
