LJuCR 1.9 Discovery
Local Juvenile Court Rule - Scope & Application of Rules
(a) Discovery. All parties have an on-going duty to promptly provide discovery.
(b) Discovery Cut-off Date. The discovery cutoff date is an event listed on the case schedule: it is the last date by which formal discovery shall occur, absent agreement of the party or court order. Formal discovery includes the discovery mechanisms set forth in CR 26-37 and shall be conducted in compliance with those rules.
(c) On-going Discovery. Because of the nature of these cases, parents, children and caregivers are often in treatment or engaging in visits or services until shortly before (or sometimes during) trial. The trial court will address any issues that arise because of late-provided documents on a case-by-case basis.
(d) Discovery following the entry of an order of dependency. The parties may resume engaging in formal discovery throughout the pendency of the dependency case. The pre-trial discovery cut-off is not intended to prevent parties from engaging in such discovery post trial.
(e) Motions to Compel, Motions for Protective Orders, and Motions for Production of Records Held by Third Parties. Motions to compel, motions for a protective orders and motions for production of records held by third parties shall be noted without oral argument on six judicial days notice, pursuant to the provisions of LJuCR 1.8(b). When the matter is pending trial, the motion shall be noted before the Lead Dependency Judge. All other motions to compel or for protective order shall be noted on the appropriate dependency calendar as determined by case designation. A discovery conference, pursuant to CR 26(i), shall be held before a motion to compel or motion for protective order is filed.
Comment: Before a trial court may exclude evidence for violation of a local discovery rule, the three-part test of Burnett v. Spokane Ambulance, 131 Wn. 2d 484 (1997) and Jones v.Seattle, 179 Wn. 2d 322 (2013) must be appropriately applied.
(b) Discovery Cut-off Date. The discovery cutoff date is an event listed on the case schedule: it is the last date by which formal discovery shall occur, absent agreement of the party or court order. Formal discovery includes the discovery mechanisms set forth in CR 26-37 and shall be conducted in compliance with those rules.
(c) On-going Discovery. Because of the nature of these cases, parents, children and caregivers are often in treatment or engaging in visits or services until shortly before (or sometimes during) trial. The trial court will address any issues that arise because of late-provided documents on a case-by-case basis.
(d) Discovery following the entry of an order of dependency. The parties may resume engaging in formal discovery throughout the pendency of the dependency case. The pre-trial discovery cut-off is not intended to prevent parties from engaging in such discovery post trial.
(e) Motions to Compel, Motions for Protective Orders, and Motions for Production of Records Held by Third Parties. Motions to compel, motions for a protective orders and motions for production of records held by third parties shall be noted without oral argument on six judicial days notice, pursuant to the provisions of LJuCR 1.8(b). When the matter is pending trial, the motion shall be noted before the Lead Dependency Judge. All other motions to compel or for protective order shall be noted on the appropriate dependency calendar as determined by case designation. A discovery conference, pursuant to CR 26(i), shall be held before a motion to compel or motion for protective order is filed.
Comment: Before a trial court may exclude evidence for violation of a local discovery rule, the three-part test of Burnett v. Spokane Ambulance, 131 Wn. 2d 484 (1997) and Jones v.Seattle, 179 Wn. 2d 322 (2013) must be appropriately applied.
[Adopted effective September 1, 2016; September 1, 2018; September 1, 2021.]