By Joan Middleton

The review and comment period for proposed changes to the King County Superior Court Local Rules is open as of February 1. The court will consider all comments received by April 15.

The rules with proposed changes include: LR 7, 40, 41, 82, 98.04 and 98.16, and LFLR 5. LR 98.14 is proposed as a new rule. There also are changes to LR 98.20 and LJuCR 4.3 that were approved on an emergency basis effective January 1 that are out for comment.

Copies of the proposed changes are available on

the clerk’s website at: www.metrokc.gov/judicial/ lrmenu2.htm and at the copy centers in the Clerk’s Office in Seattle and Kent.

Comments to the proposed rule changes should be in writing and directed to: Barbara Miner, Clerk of the Superior Court, ATTN: Local Rules, 516 Third Avenue, Rm E609, Seattle, WA 98104. You also may email comments to lrcomments@metrokc.gov by April 15.

The final version of the rules as adopted by the court after the review and comment period will become effective September 1.

Summary of Proposed Rule Changes
Emergency Local Rules:

LR 98.20, adopted as an emergency rule effective January 1, was adopted to bring the court’s practice into conformity with newly enacted SHB 1876, codified as Chapter 236, Laws 2005. Under that statute, an incapacitated person retains the right to vote unless the court makes a finding that the person lacks capacity to understand the nature and effect of voting such that the person cannot make an individual choice. The statute also requires the court to notify the county auditor when a finding has been made to remove the right to vote.

LJuCR 4.3, adopted as an emergency rule effective January 1, was proposed by a Juvenile Court workgroup and is designed to shorten the case schedule for termination of parental rights cases and provide the court with more scheduling flexibility.

Proposed Rules:
LR 7(b)(5)(A): The proposed change eliminates the service requirement, making the local rule consistent with recent amendments to CR 59 (effective 9/1/05). The WSBA proposed amendments to CR 59 to make the rule consistent with federal practice and to eliminate inconsistencies with other rules related to the post-judgment time period.

LR 40 and LR 41: The Clerk’s Office requests these changes, which are primarily administrative.

LR 82, 98.04, 98.14 and 98.16: The court’s Ex Parte Committee requests these changes.

LR 82(e)(4)(A)(ii): The rule change clarifies that proceedings may be filed in either case assignment area when the decedent did not leave a principal residence or any other estate property in King County. The rule change brings the local rule into conformity with RCW 11.96A.050(3), allowing actions to be filed in any county regardless of the location of the estate property.

LR 98.04(i): The rule change requires the personal representative to notify the court of any address change so that notices from the court and parties may be easily sent and received.

LR 98.14: This new rule is designed to identify petitions under the Trusts and Estates Dispute Resolution Act as stand-alone proceedings, avoiding confusion about case schedules and identification of necessary parties. It also is designed to ensure that TEDRA matters are initially assigned to the Ex Parte and Probate Department, where all other guardianship, probate and trust matters commence.

LR 98.16(b): The new paragraph formalizes the current local practice of setting a due date for filing a blocked account receipt in a minor settlement. It also mandates that the receipt must be submitted on a court-approved form, ensuring that the terms are chosen by the court, not the parties.