Per Local General Rule 1(A)(B)

  1. Case Schedule.
    1. Except as otherwise provided below or ordered by the Court when an initial pleading is filed when filing a new case, the Superior Court Clerk shall prepare and file a scheduling order (referred to in this process as a “Case Schedule”) and will provide one copy to the party filing the initial pleading.
    2. Court Administration will prepare and file scheduling orders (providing copies to all parties) after the initial filing of a case.
  2. Cases Not Governed by Civil Case Schedule.
    • Listed below are the cases not governed by a Civil Case Schedule Order. The clerk will not prepare/file a scheduling order as described above.
    • To review the process for Cases Not Governed by Civil Case Schedule please click HERE.
      • Change of name;
      • Proceedings under RCW title 26;
      • Harassment (RCWchapter10.14);
      • Proceedings under RCW title13;
      • Unlawful detainer;
      • Foreign judgment;
      • Abstract or transcript of judgment;
      • Petition for Writ of Habeas Corpus, Mandamus, Restitution, or Review, or any other Writ;
      • Civil commitment;
      • Proceedings under RCW chapter 10.77;
      • Proceedings under RCW chapter 70.96A;
      • Proceedings for isolation and quarantine;
      • Injunction;
      • Guardianship/Petitions under TEDRA;
      • Probate;
      • Proceedings under RCW chapter 36.70C (Land Use Petition Act/LUPA);
      • Tax Warrants;
      • Administrative Law Reviews (Appeals of Administrative Agency Decisions);
      • Emancipation of a Minor;
      • Minor Settlements;
      • Condemnations;
      • Petitions for Transfer of Structured Settlements under RCW 19.205;
      • Tax Foreclosures;
      • Actions brought under the Public Records Act, RCW 42.56.
  3. A party may request a Case Schedule from the Court by filing a motion. Any motion should address the time and/or deadlines needed for the Case Schedule. Upon entry, a copy is to be provided to the Civil Case Manager, who will provide the parties with the pre-approved trial dates.
  4. The Civil Case Manager will then issue a Case Schedule in accordance with the selected trial date and the Court’s ruling.
  5. The party filing the initial pleading shall promptly provide a copy of the Case Schedule to all other parties by (a) serving a copy of the Case Schedule on the other parties along with the initial pleading, or (b) serving the Case Schedule on the other parties within 10 days after the later filing of the initial pleading or service of any response to the initial pleading, whether that response is a notice of appearance, an answer, or a CR 12 motion (with proof of service).
  6. A party who joins an additional party in an action shall serve the additional party with the current Case Schedule together with the first pleading served on the additional party.
  7. Amendment of Case Schedule. The process for amending Case Schedules is outlined at: Amending Case Schedule/Trial Continuances
  8. Case Schedule Order Format. A Case Schedule for each type of case, which will set the time period between filing and trial and the scheduled events and deadlines for that type of case, will be established by the Court by General Order, based upon relevant factors, including statutory priorities, resources available to the Court, case filings, and the interests of justice.
  9. Form. A Case Schedule will generally be in the form as prescribed by the court and available on Benton/Franklin Superior Court Website: “Forms Required Per LCR/Processes/Procedures.”
    • Witness Disclosure, Enforcement, and Sanctions.
  10. Disclosure of Possible Lay and Expert Witnesses: Disclosure of Primary Witnesses: Each party shall, no later than the date for disclosure designated in the Case Schedule, disclose all persons with relevant factual or expert knowledge whom the party believes are reasonably likely to be called at trial.
  11. Disclosure of Rebuttal Witnesses: Each party shall, no later than the date for disclosure designated in the Case Schedule, disclose all persons whose knowledge did not appear relevant until the primary witnesses were disclosed and whom the party reserves the option to call as witnesses at trial.
  12. Scope of disclosure: Disclosure of witnesses under this process shall include the following information:
    • All witnesses: Name, address, and phone number;
    • Lay witnesses: A brief description of the anticipated subject matter of the witness testimony; and/or
  13. Experts: A summary of the expert’s opinions and the basis therefor and a brief description of the expert’s qualifications.
  14. Exclusion of Testimony: Any person not disclosed in compliance with this process may not be called to testify at trial, unless the Court orders otherwise for good cause and subject to such conditions as justice requires, including the payment of terms.
  15. Discovery Not Limited: This does not modify a party’s responsibility under court rules to respond to or promptly supplement responses to discovery or otherwise to comply with discovery before the deadlines set here.

Monitoring.

  1. At such times as, the Presiding Judge may direct, Court Administration will monitor cases to determine compliance with these processes.
  2. If the Court finds that an attorney or party has failed to comply with the Case Schedule, failed to provide all of the information required in witness disclosures or disclosed witnesses that are not reasonably likely to be called at trial, or has failed to disclose witnesses and has no reasonable excuse, the Court may order the attorney or party to pay monetary sanctions to the Court, or terms to any other party who has incurred expense as a result of the failure to comply, or both; in addition, the Court may impose such other sanctions as justice requires.
  3. As used with respect to the Case Schedule, “terms” means costs, attorney fees, and other expenses incurred or to be incurred as a result of the failure to comply; the term “monetary sanctions” means a financial penalty payable to the Court; the term “other sanctions” includes but is not limited to the exclusion of evidence.

[Updated September 1, 2024; Updated format only April 17, 2025]