PRO
SE
Skagit
County Clerk’s Office
(Superior Court Matters)
Office Hours: 8:30 AM to 4:30 PM Daily Except for Court Holidays
PRO
SE LITIGANT INFORMATION (Civil)
Understanding
and making your way through the court process is not easy
and can be quite frustrating, especially for those handling
their own legal representation (pro se litigants). There are
extensive state and local
court rules (pdf) and everyone appearing before the Superior
Court is expected to follow them. While the information below
can never tell you every thing you need to know, the following
will hopefully be of benefit in clarifying a few of the mysteries
of representing yourself:
A.
YOU WANT TO START AN ACTION AGAINST SOMEONE ELSE.
If you are starting an action, you are the petitioner or plaintiff
or moving party.
- Before
anything can happen in court, you need to fill out paperwork,
file your case, and pay a filing fee payable by cash, money
order or certified check.
• Obtain the correct
forms (if they exist) on-line or purchase from the Clerk.
• The first forms you fill out (in ink or typed--no
pencils) are a “Summons” along with a “Petition”
or a “Summons” along with a “Complaint”.
Filing these forms and serving them on the defendant/respondent
starts your case.
• Always remember and keep a record of your case number
(i.e. 06-2-12345-7).
• You will need to serve the other party (through law
enforcement, civil process, or an adult other than yourself)
and have a declaration or return of service showing that
you have served the other party.
• You now wait. If the other party does NOT respond
within the prescribed time, you need to obtain a court order
stating that the other party is in default. You will still
need to enter final orders in court that are consistent
with the petition or complaint that you filed.
• If the other party/side responds in time, then further
proceedings, such as motions and or trial, are necessary,
unless you and the other party resolve the case.
• For summary judgment, LUPA, Ralj Monday motion calendar
AND all trials, it is mandatory to confirm that you will
be present for the court hearing. Confirmation must be made
by Noon Thursday the week before the hearing. Call Superior
Court Administration at (360) 416-1200 to confirm.
- The
Clerk’s Office only takes original documents with original
signatures for filing your case or adding to your file.
File all original documents at least three days before your
court hearing.
- Be
sure to bring copies of what you are filing to conform for
service, your personal records, and bench copies for the
judge. Judge’s copies of all affidavits, declarations,
briefs and legal memoranda in both trial and pretrial proceedings
shall be prepared and delivered to the Court Administrator’s
Office at the time of service.
- Once
you give the Clerk any paperwork to file, the Clerk is required
by law to charge you to get copies made from your file.
The fee is $0.25 per page for non-certified copies, except
through mail. Certified copies are $5.00 for the first page
and $1.00 per page thereafter for each document.
- Documents
need NOT be signed in front of the Clerk. You may sign them
ahead of time.
- Fill
out all documents/forms clearly, completely, and in ink
or typed—no pencils.
B.
YOU WANT TO DEFEND YOURSELF FROM AN ACTION STARTED BY SOMEONE
ELSE.
If an action has been started by another party against you,
you are the defendant or respondent or responding party.
- Your
answer or response to the petition filed against you must
be filed in the Clerk’s Office within the time indicated
on the summons. Be SURE to serve a copy on the opposing
party.
- After
you have answered, the other party is required to notify
you of any further proceedings.
- If
you do NOT answer/respond in a timely manner to a summons,
you may be found in default and lose the right to have your
side of the case heard by a judge.
C. TERMS
YOU NEED TO KNOW.
The following terms are important to know:
Pro
se – Refers to people who represent themselves.
Ex
parte – An action done by one party only without notice
to the opposing party.
Litigant
– A general term to describe a party (plaintiff or
defendant) to a legal action.
Motion – A written request made by a party to a court
for an order granting relief.
Petition – A formal written application to the court
requesting a remedy available under law.
Order – A direction or command delivered by a court
and entered into the court record.
Summons and Complaint – Two separate documents that
go together to start a civil lawsuit.
Summons and Petition – Two separate documents that
go together to start family law cases.
Note the matter – To fill out a Note for Hearing document
that puts your case on the calendar. This is done with a
document, never over the phone.
Conform – To make a document match the original.
Calendar (sometimes called a Docket) – List of cases
arranged for hearing in court.
Bench copies – Copies for the judge of any motions,
declarations, or proposed orders before the court for a
hearing.
D.
WHAT DO I WEAR AND HOW DO I ACT IN COURT?
Courts are respectful and formal settings. You are trying
to present, and win, your side of the issue. Dress, speak,
and conduct yourself appropriately:
- Wear
clean, mended clothing that does not bring undue attention
to you.
- Do
not wear hats, caps, shorts, bare midriffs, tank tops, or
revealing clothing. Religious attire may be an exception.
- Do
not use cell phones, beepers, or pagers.
- Speak
clearly and respectfully.
- Get
to your point. Do not ramble. Only address matters being
decided today by the Court.
- Do
not swear, yell, or use improper language.
- Try
to imagine you are the judge and someone is appearing in
front of you seeking a favorable decision. How would you
want them to act so you can assess the facts fairly and
not be distracted in that effort?
E.
LIST OF HELPFUL PHONE NUMBERS AND WEBSITES.
Help can be found at:
Clerk’s
Office: (360) 416-1800 | Website
Superior Court Administrator’s Office: (360) 416-1200 | Website
Admin Office of the Courts (AOC): (360)-753-3360
Website: www.courts.wa.gov/index.cfm
NW Justice Project/CLEAR:1-888-201-1014
Website: www.nwjustice.org
Legal Information www.WashingtonLawHelp.org or www.lawforwa.org
Forms On-line www.courts.wa.gov/forms
State and Local Court Rules www.courts.wa.gov/court_rules/
The services
of a Courthouse Facilitator (CHF) are available for help with
some Family Law matters (dissolutions or divorce, paternity,
and non-parental custody). You need to make an appointment
by calling (360) 416-1200.
Court
staff are not attorneys and are restricted by law from giving
legal advice.
Clerk’sOffice staff cannot tell you if your paperwork
is filled out correctly.
You
will only be able to see or talk to a judge about your case
when you appear before the judge in court.
AOC Public Trust & Confidence
Committee Approved Generic Version 12.1.06
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