Wednesday, August 15, 2012

Family Law Rules in Washington

New and comprehensive Family Law Rules are being proposed for implementation throughout Washington State, eliminating the myriad of local county rules.    Attorneys and individuals alike should be aware of the pending changes.   Comments must be submitted by April 30, 2013.   

Quoting from the State Court's website, 

Key components of the FLCR include:
  • Specific provisions for timing and scheduling of motions, as well as delivery of responses and replies (FLCR 6(d));
  • Specific language allowing for presentation of telephonic oral argument, at the court’s discretion, and imposing page limits and other restrictions on motions (FLCR 7);
  • Format requirements (FLCR 10(d));
  • Provision for information exchange/automatic discovery of documents commonly required for family law actions (FLCR 16(c));
  • Entry of automatic temporary orders to preserve the status quo on petitions to dissolve marriages, relationships, or meretricious relationships (FLCR 16(d));
  • Discussion of tribal court exclusive and concurrent jurisdiction (FLCR 82.5);
  • Provisions addressing the use of courthouse facilitators (FLCR 101); and
  • Authority to require participation in extra-judicial services/parenting seminars (FLCR 102).
The Task Force anticipates that the FLCR will eliminate the need for many counties’ local rules; however, the Task Force also recognizes that different counties have different needs. “Placeholder designations” have therefore been included in the revised FLCR, so that counties can ensure their local rules follow the same numbering sequence as the statewide rules.