Section 3 Civil Rules

Section 3
Civil Rules

3.1 FILING FEES

3.1.1 Petitions

A filing fee will be charged for each petition filed with the Court, unless otherwise specified by law.

3.1.2 Filing Fee Schedule

Type of Petition	Filing Fee
Adoption	$0.00
Child Custody	$150.00
Child Support	$100.00
Court Bar Admission	$100.00
Dependency (YINC)	$0.00
Dissolution	$150.00
Domestic Partnership	$100.00
Elder Protection	$0.00
Exclusion Deferral	$100.00
Gaming Appeal	$100.00
General Civil	$100.00
Guardianship	$0.00
Harassment Protection Order	$100.00
Marriage	$100.00
Name Change	$100.00
Paternity	$100.00
Personal Injury	$250.00
Protection Order	$0.00
Unlawful Detainer	$100.00
Workman’s Compensation	$100.00
Zoning	$100.00

3.2 PLEADINGS IN CIVIL CASES

3.2.1 Late Filing; Terms

Any material offered at a time later than required by rule may be stricken by the Court and not considered. If the Court decides to allow the late filing and consider the materials, the Court may continue the matter or impose other appropriate remedies including terms, or both.

3.2.2 Motion; Contents Of

A motion must contain the following:

A) Relief Requested. The specific relief the Court is requested to grant;

B) Statement of Grounds. A concise statement of the grounds upon which the motion is based;

C) Statement of Issues. A concise statement of the issue(s) of law upon which the Court is requested to rule;

D) Evidence Relied Upon. The evidence on which the motion or reply is based shall be identified with particularity.

E) Legal Authority. Any legal authority relied upon must be cited and copies of case law must be provided.

3.2.3 Evidence Supporting Motion

Motions must be supported by admissible evidence.

3.2.4 Scheduling Orders

A) Schedule

After the petition and response have been filed, a scheduling order shall be entered at the pre-trial hearing, which may include the following:

i) Motion deadlines;

ii) Discovery methods allowed and deadlines;

iii) Dispositive motion deadlines;

iv) Witness list deadlines;

v) Exhibit list and exhibit pre-marking deadlines, if applicable;

vi) Trial readiness hearing date; and

vii) Any other matter the court deems necessary for scheduling.

B) Mediation

A scheduling order shall not be entered if the parties are ordered to mediation. If the parties mediate and come to an agreement, a court order may be entered. If the parties mediate and do not come to an agreement, a new pre-trial conference shall be held.

3.2.5 Settlement Dismissal Order

In civil cases where a settlement has been reached such that there will be no need for further litigation, the parties shall file a motion requesting that the case be removed from the active pending caseload of the Court. A hearing shall be set to address the settlement order.

3.3 SETTING HEARING DATE

Once the Declaration of Service has been filed with the Court, the Court Clerk shall set a hearing date and mail a Notice of Hearing to the parties.

3.4 TYPES OF EVIDENCE ALLOWED IN CIVIL MOTION HEARINGS

Civil motions shall be argued only upon sworn affidavits, declarations under penalty of perjury, or stipulated facts. Live testimony shall only be permitted as allowed by the Court.

3.5 DEFAULT AND JUDGMENT

3.5.1 Entry of Default

A) Order of Default

When there has not been an appearance by any non-moving party, the moving party shall seek entry of an Order and Judgment of Default from the Ex Parte Calendar. When there has been an appearance by any non-moving party, the motion for default shall be noted for hearing.

B) Late Appearance or Answer

When a non-moving party has appeared or answered before consideration of the Motion for Order of Default, the moving party shall notify the judge.

3.5.2 Entry of Default Order and Judgment

If the Court determines that testimony is required, the moving party shall schedule the matter.

3.5.3 Setting Aside Default Orders and Judgments

Orders to show cause to vacate default judgments shall be presented to the Ex Parte Calendar. A hearing shall be held to determine whether the order will be set aside or vacated and notice shall be given.

3.5.4 Failure to Appear at Trial

Where a party fails to appear for trial and the appearing party asks the Court to enter judgment in their favor, the Court may in its discretion, require testimony covering the facts alleged or relief requested before granting the request.

3.5.5 Effect of Default

When a party against whom a judgment is sought fails to appear, plead, or otherwise defend within the time allowed, and that is shown to the Court by a motion and affidavit or testimony, the Court may enter an order of a default and, without further notice to the party in default, enter a judgment granting the relief sought in the complaint.

3.6 SANCTIONS FOR FAILURE TO MAKE DISCOVERY AVAILABLE IN CIVIL CASES

3.6.1 Motion for Order Compelling Discovery

If a deponent fails to answer a question or makes an evasive or incomplete answer, fails to designate someone to answer interrogatories or be deposed on behalf of a corporation, or other business entity, or fails to allow inspection, any party may move for an order compelling the failed act. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before they apply for an order.

3.6.2 Award of Expenses of Motion to Compel

If the motion is granted, the Court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney fees, unless the Court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part, and denied in part, the Court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.

3.6.3 Sanctions

If a party, officer, director or managing agent of a party or a person designated as the person to testify or be deposed fails to permit discovery, the Court shall have the discretion to make orders in regard to the failure to comply. In lieu of any orders or in addition, the Court shall require the party failing to obey the order or the attorney advising him or both to pay the reasonable expenses, including attorney fees, caused by the failure, unless the Court finds that the failure was substantially justified or that other circumstance make an award of expenses unjust.

3.6.4 Failure of a Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Production or Inspection

If a party, or an officer, director, or managing agent of a party or a person designated to testify on behalf of a corporation or like entity, fails to:

A) Appear before the officer who is to take his or her deposition, after being served with a proper notice;

B) Serve answers or objections to interrogatories after proper service of the interrogatories; or

C) Serve a written response to a request for production of documents for inspection, after proper service of a request, the Court may make such orders in regard to the failure as are just.

In lieu of any order or in addition, the Court shall require the party failing to act or the attorney advising them to pay the reasonable expenses, including attorney fees, caused by the failure, unless the Court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The failure to act described in this rule may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order. For purposes of this rule, an evasive or misleading answer is to be treated as a failure to answer.

3.7 MEDIATION FOR CIVIL CASES

3.7.1 Purpose

The purpose of mandatory mediation of civil actions is to provide a simplified and economical procedure for obtaining the prompt and equitable resolution of disputes. Mediation hearings should be informal and expeditious.

3.7.2 Matter Subject to Mediation

A) Mediation is mandatory for all tort claims.

B) It is at the Court’s discretion to order mediation for matters involving parenting plans and modification of parenting plans, third party custody, dissolutions, elder protection, and guardianship.

C) Mediation is not required if there is a history of domestic violence between the parties.

3.7.3 Attorney Involvement

A) No attorneys will be permitted during mediation for dissolution or custody issues.

B) Attorneys may be permitted during mediation for tort claims or any other civil case at the discretion of the Court.

3.7.4 Costs

Costs of mediation shall be borne by the Court for one-half day of mediation per case. If one or both of the parties fail to appear at the mediation, the non-appearing party or parties shall be ordered to pay the actual cost of the mediation.

3.8 MOTION FOR NEW CIVIL TRIAL AND AMENDMENT OF CIVIL JUDGMENTS

3.8.1 Grounds for New Trial

On the motion of the party aggrieved, a verdict may be vacated and a new trial granted to all or any of the parties, and on all issues, or on some of the issues when such issues are clearly and fairly separable and distinct, or any other decision or order may be vacated and reconsideration granted. Such motion may be granted for any one of the following causes materially affecting the substantial rights of such parties:

A) Irregularity in the proceedings of the court, jury or adverse party, or any order of the court, or abuse of discretion, by which such party was prevented from having a fair trial.

B) Accident which ordinary prudence could not have guarded against;

C) Damages so excessive or inadequate as unmistakably to indicate that the verdict must have been the result of passion or prejudice;

D) Error in the assessment of the amount of recovery whether too large or too small, when the action is upon a contract, or for the injury or detention of property;

E) That there is no evidence or reasonable inference from the evidence to justify the verdict or the decision, or that it is contrary to law;

F) Error in law occurring at the trial and objected to at the time by the party making the application; or

G) That substantial justice has not been done.

3.8.2 Time for Motion; Contents of Motion

A motion for a new trial shall be filed not later than 10 days after the entry of the judgment, order, or other decision. The motion shall be noted at the time it is filed, to be heard or otherwise considered within 30 days after the entry of the judgment, order, or other decision, unless the Court directs otherwise. A motion for a new trial shall identify the specific reasons in fact and law as to each ground on which the motion is based.

3.8.3 Time for Serving Affidavits

When a motion for new trial is based on affidavits, they shall be filed with the motion. The opposing party has 10 days after service to file opposing affidavits, but that period may be extended for up to 20 days, either by the Court for good cause or by the parties’ written stipulation. The Court may permit reply affidavits.

3.8.4 On Initiative of Court

Not later than 10 days after entry of a civil judgment, the Court on its own initiative may order a hearing on its proposed order for a new trial for any reason for which it might have granted a new trial on motion of a party. After giving the parties notice and opportunity to be heard, the Court may grant a timely motion for a new trial for a reason not stated in the motion. When granting a new trial on its own initiative or for a reason not stated in a motion, the Court shall specify the grounds in its order.

3.8.5 Hearing on Motion

When a motion for a new trial is filed, the judge by whom it is to be heard may on the judge’s own motion or on application determine:

A) Time of Hearing

Whether the motion shall be heard before the entry of judgment;

B) Consolidation of Hearings

Whether the motion shall be heard before or at the same time as the presentation of the findings and conclusions and/or judgment, and the hearing on any other pending motion; and/or

C) Nature of Hearing

Whether the motion or motions and presentation shall be heard on oral argument or submitted on briefs, and if on briefs, shall fix the time within which the briefs shall be served and filed.

3.8.6 Statement of Reasons

In all cases where the Court grants a motion for a new trial, it shall, in the order granting the motion, state whether the order is based upon the record or upon facts and circumstances outside the record that cannot be made a part thereof. If the order is based upon the record, the Court shall give definite reasons of law and facts for its order. If the order is based upon matters outside the record, the Court shall state the facts and circumstances upon which it relied.

3.8.7 Reopening Judgment

On a motion for a new trial, the Court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

3.8.8 Motion to Alter or Amend Judgment

A motion to alter or amend the judgment shall be filed not later than 10 days after entry of the judgment.

3.8.9 Alternative Motions

Alternative motions for judgment as a matter of law and for a new trial may be made.

3.8.10 Limit on Motions

If a motion for a new trial, or for judgment as a matter of law, is made and heard before the entry of the judgment, no further motion may be made without leave of the court first obtained for good cause shown.

3.8.11 Challenge to Pro-Tem Ruling

Any motion challenging a ruling made by a pro-tem judge shall be decided by a sitting judge. The Chief Judge shall determine which sitting judge shall hear the motion.

3.9 JAIL TRANSPORT

3.9.1 Jail Transport for Youth in Need of Care Cases

A parent to a Youth in Need of Care case may be transported to court for the Adjudicatory Hearing and for the Permanent Plan hearing. The parent or parent’s attorney shall make the request to the Court in writing at least one week prior to the hearing.

3.9.2 Other Civil Cases

Upon written request by the Respondent, the Court may order transport to court of the Respondent in other civil cases.

3.10 CHILD TESTIMONY

3.10.1 Purpose

The purpose of these rules is to establish procedures protecting children in all Tulalip criminal and noncriminal proceedings pursuant to TTC 4.05.350 – 4.05.360 who are required to provide testimony.

3.10.2 Determination of Appropriate Accommodations

The Court, upon its own motion, or upon the motion of any party may order a child witness to testify by an alternative method. The Court may hold a hearing on the matter to hear from the Parties as to appropriate accommodations. The Court is not bound by the rules of evidence except as to privilege.

3.10.3 Standards for Determining Testimony by Alternative Methods

The Court shall determine, for all child witnesses, whether testimony in an open forum before the Parties and/or the finder of fact, would put the child at risk of emotional trauma and would risk the child’s ability to communicate with the finder of fact if required to testify in an open forum. In making this finding, the Court shall consider:

(A) The nature of the proceeding;

(B) The age and maturity of the child;

(D) The nature and degree of emotional trauma that the child may suffer in testifying; and,

(E) Any other relevant factor.

3.10.4 Order Regarding Testimony by Alternative Method

An order allowing or disallowing a child witness to testify by an alternative method must state the findings of fact and conclusions of law that support that determination. An order allowing a child witness to testify by an alternative method must:

(A) State the method by which the child is to testify;

(B) List any individual or category of individuals allowed to be in, or required to be excluded from, the presence of the child during the testimony;

(D) State any condition or limitation upon the participation of individuals present during the testimony of the child;

(E) State any other condition necessary for taking or presenting the testimony.

3.10.5 Right of Party to Examine Child Witness

An alternative method ordered by the Court must permit a full and fair opportunity for examination or cross-examination of a child witness by each party.

3.11 GUARDIANS AD LITEM

3.11.1 Purpose

The purpose of these rules is to establish a minimum set of standards applicable to all court cases when the Court appoints a guardian ad litem or any person to represent the best interest of a child, an alleged incapacitated person, or an adjudicated incapacitated person pursuant to tribal law.

3.11.2 Definition

Unless otherwise defined by ordinance or other law, a guardian ad litem shall mean any person or program appointed pursuant to tribal law in an action to represent the best interest of a child, an alleged incapacitated person, or an adjudicated incapacitated person. The guardian ad litem is not a court-appointed attorney.

3.11.3 General Responsibilities of a Guardian ad Litem

Consistent with the responsibilities set forth by tribal law and rules of court, in every case in which a guardian ad litem is appointed, the guardian ad litem shall perform the responsibilities set forth below.

A) Represent Best Interests

A guardian ad litem shall represent the best interests of the person for whom he or she is appointed. Representation of best interests may be inconsistent with the wishes of the person whose interest the guardian ad litem represents. The guardian ad litem shall not advocate on behalf of or advise any party so as to create in the mind of a reasonable person the appearance of representing that party as an attorney.

B) Maintain Independence

A guardian ad litem shall maintain independence, objectivity and the appearance of fairness in dealings with parties and professionals, both in and out of the courtroom.

C) Professional Conduct

A guardian ad litem shall maintain the ethical principles established by the Court.

D) Avoid Conflicts of Interests

A guardian ad litem shall avoid any actual or apparent conflict of interest or impropriety in the performance of the guardian ad litem responsibilities. A guardian ad litem shall avoid self-dealing or association from which a guardian ad litem might directly or indirectly benefit, other than for compensation as guardian ad litem. A guardian ad litem shall take action immediately to resolve any potential conflict or impropriety. A guardian ad litem shall advise the Court and the parties of action taken, resign from the matter, or seek court direction as may be necessary to resolve the conflict or impropriety. A guardian ad litem shall not accept or maintain appointment if the performance of the duties of guardian ad litem may be materially limited by the guardian ad litem’s responsibilities to another client or a third person, or by the guardian ad litem’s own interests.

E) Treat Parties with Respect

A guardian ad litem is an officer of the court and as such shall at all times treat the parties with respect, courtesy, fairness and good faith.

F) Become Informed About Case

A guardian ad litem shall make reasonable efforts to become informed about the facts of the case and to contact all parties. A guardian ad litem shall examine material, information and sources of information, taking into account the positions of the parties.

G) Timely Inform the Court of Relevant Information

A guardian ad litem shall file a written report with the Court and the parties as required by law or by the court order, no later than 10 days prior to a hearing for which a report is required. The report shall be accompanied by a written list of documents considered or called to the attention of the guardian ad litem and persons interviewed during the course of the investigation.

H) Limit Duties to Those Ordered by Court

A guardian ad litem shall comply with the Court’s instructions as set out in the order appointing a guardian ad litem, and shall not provide or require services beyond the scope of the Court’s instruction unless by motion and on adequate notice to the parties, a guardian ad litem obtains additional instruction, clarification or expansion of the scope of such appointment.

I) Appear at Hearings

The guardian ad litem shall be given notice of all hearings and proceedings. A guardian ad litem shall appear at any hearing for which the duties of a guardian ad litem or any issues substantially within a guardian ad litem’s duties and scope of appointment are to be addressed. In Elder and Vulnerable Adult Protection proceedings, the guardian ad litem shall appear at all hearings unless excused by court order.

J) Maintain Privacy of Parties

As an officer of the court, a guardian ad litem shall make no disclosures about the case or the investigation except in reports to the Court or as necessary to perform the duties of a guardian ad litem. A guardian ad litem shall maintain the confidential nature of identifiers or addresses where there are allegations of domestic violence or risk to a party’s or child’s safety. The guardian ad litem may recommend that the Court seal the report or a portion of the report of the guardian ad litem to preserve the privacy, confidentiality, or safety of the parties or the person for whom the guardian ad litem was appointed.

3.11.4 Qualifications

The Court shall establish qualifications for a guardian ad litem.

A) Credentials

i) A current valid license to practice law in the state of Washington or at the Tulalip Tribes; or

ii) A current valid license to practice as a mental health therapist, psychologist or psychiatrist in the state of Washington; or

iii) A Certification of Qualification by the Director of the local CASA program; or

iv) A Washington State Licensed Legal Technician; or

v) Waiver of the licensure or qualification requirement by the Chief Judge.

B) Core Training

All guardians ad litem shall receive core training before accepting appointment by the Court. Attendance at a guardian ad litem training with a curriculum of at least 16 hours that has been approved by the Chief Judge satisfies this requirement. The curriculum must include specified learning outcomes and activities designed to meet these outcomes, and must cover domestic relations, dynamics of domestic abuse and its effect on children, dynamics of divorce and its effect on children, child development, the effects of abuse, neglect and trauma on children, substance abuse, legal issues and processes, the duties and obligations of the Guardian as an agent of the court and interviewing techniques. For a guardian ad litem acting under the auspices of the CASA program, successful completion of CASA training satisfies this requirement.

3.11.5 Cultural Competency

The guardian ad litem shall establish and maintain a cultural competence of the community as required by the Court.

3.11.6 Guardian ad Litem Reports

A) Types of Reports

All guardians ad litem shall prepare two reports for the Court: 1) a comprehensive sealed report and 2) a redacted report that is available to all parties. The comprehensive report may be viewed by an attorney of record upon a properly filed motion and may be subject to restrictions within the discretion of the Court.

B) Content of Reports

See forms for specific requirements.

3.12 CHILD SUPPORT

Once a petition for a parenting plan and child support has been filed with the Court, the parties have three days to contact the Tulalip Child Support Program (TCSP) to request child support services or provide updated information for enforcement of a child support order. TCSP shall prepare and maintain a referral form for the Court.

3.13 TERMINATION OF GUARDIANSHIP

3.13.1 Prima Facie Determination

A) Upon a filing of a motion by a parent(s) to terminate a guardianship of their child, the Court Clerk shall provide the motion to the presiding judge to review. No hearing will be set unless the presiding judge makes the prima facie determination required by TTC 4.05.700.

B) When a motion to terminate guardianship has been filed, the Court shall review the underlying reasons for the guardianship and determine whether the parent(s) has provided sufficient documentation of a substantial change of those circumstances leading to creation of the guardianship. If the Court finds a substantial change of circumstances related to the concerns leading to the guardianship, the Judge will make those written findings and order a summons to an initial hearing on a motion to terminate guardianship.

C) At the initial hearing, the judge will explain to the parties that the parent(s) must prove that it is in the best interest of the child(ren) that the guardianship be terminated. The judge shall order beda?chelh to file recommended evaluations that should be completed pursuant to TTC 4.05.700(1)(iii). The judge shall inform the moving parent(s) that the costs of the evaluations must be paid by the parent. The judge shall set a hearing after the deadline for filing of beda?chelh’s recommendation of evaluations to hear from the parent(s). At this hearing the judge shall set out what evaluations must be completed by the parent(s) prior to setting a fact-finding hearing on the motion to terminate.

D) If the judge believes it is in the best interest of the child to have a GAL appointed, the Court may require the parent to post a deposit with the Tribal Court to pay for that service prior to appointing the GAL.

E) After the parent(s) have completed the evaluations ordered by the Court, and the GAL has completed their report, the parent(s) may move for a fact-finding hearing on the motion to terminate guardianship. That hearing will be set by the Court and summons issued to the parties for that hearing. The fact-finding hearing shall be conducted under the civil trial rules. The Court’s findings and conclusions shall be done in a written order.

3.14 PARENTING SEMINARS; MANDATORY ATTENDANCE

3.14.1 In all cases involving child custody pursuant to tribal law, both parents, and such non-parent parties as the Court may direct, shall participate in, and successfully complete, an approved parenting seminar within 60 days after service of a petition, or an initiating motion, on the responding party. Standards for an approved parenting seminar shall be established by Administrative Order of this Court. Successful completion shall be evidenced by a certificate of attendance.

3.14.2 Special Considerations/Waiver

A) In no case shall opposing parties be required to attend a seminar together.

B) Upon a showing of domestic violence or abuse which would not require mutual decision-making pursuant to tribal law, or that a parent’s attendance at a seminar is not in the children’s best interest, the Court shall either:

i) Waive the requirement of completion of the seminar; or

ii) Provide an alternative voluntary parenting seminar for battered spouses.

C) The Court may waive the seminar requirement for one or both parents in any case for good cause shown.

3.14.3 Failure to Comply

Delay, refusal or default by one parent does not excuse untimely compliance by the other parent. However, a parent who fails to complete the parenting seminar, shall be precluded from confirming the case for trial or presenting any final order affecting the parenting/residential plan, and may be precluded from seeking affirmative relief in this or subsequent proceedings in this file until the parenting seminar has been successfully completed. Refusal or delay by either parent may constitute contempt of court and result in sanctions imposed by the Court, or may result in the imposition of monetary terms, default and/or striking of pleadings.

3.15 NAME CHANGE FOR MINORS

3.15.1 An applicant who applies to the Court for a change of name must meet the following requirements:

A) Birth Certificate

A certified copy of any minor applicant’s birth certificate or tribal identification card shall be presented with the Petition for Name Change.

B) Parental Consent

All applicants under eighteen (18) years of age shall be represented by a parent or legal guardian, and parent or guardian must approve the change of name either by personal appearance or by verified affidavit. In the absence of consent from one of the parents, the Court may grant the petition if such action would be in the best interests of the child and the non-consenting parent has received notice of the hearing on the petition.

3.16 APPEARANCE BY TELEPHONE IN CIVIL CASES

3.16.1 In some situations, a party may be permitted to participate in a hearing by telephone rather than by personally appearing in court based on the following criteria:

A) The party lives out of state;

B) The party has a medical condition preventing travel;

C) The party is in treatment thus is unable to be present; or

D) Any other reason as deemed appropriate by the Court.

3.16.2 A party requesting to participate by telephone should contact the Court to make the request. The opposing party may object to such appearance. The requesting party shall provide a number where the Court Clerk can call when the Court is ready to hear the case. Those participating by telephone will not receive priority; therefore the requesting party shall be available at the stated number for at least two hours past the set hearing time.