IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF CLARK
|
Karyn Petitioner vs.Brian P. Carr Respondent |
No. 04-2-08824-4 Findings and Order |
This matter comes before the court in response to pleading filed by Carr entitled "Hearing Scheduled" and letter of response filed by Karyn; the court having considered the records and files herein, and being fully advised in the premises, enters the following:
FINDINGS
| (1) |
There are two domestic violence cases in Clark County Superior Court involving
the same parties: No. 04-2-08824-4 Karyn, Petitioner v. Brian P. Carr, Respondent in which Karyn has obtained an Order for Protection AND No. 04-2-08908-9 Brian P. Carr, Petitioner v. Karyn, Respondent in which Carr sought an order for protection which was denied by the court. |
| (2) | Carr has filed pleadings in these cases with incorrect form in which the captions are combined and both case numbers are listed. This has resulted in confusion in the record and unnecessary work for court staff to attempt to clarify the official record. |
| (3) | Carr has attempted to schedule a hearing under both case numbers for either February 11 or February 18, 2005. The record is unclear as to which date; Karyn has indicated she is not available on February 18, and was not served with notice of the February 18 date. There is no motion in the files which complies with Civil Rule (CR) 7, which requires an application for order to state with particularity the grounds for the motion, and to set forth the relief or order sought. |
| (4) | In Case No. 04-2-08824-4, a final order was entered on January 7, 2005. Carr filed a Notice of Appeal to the Court of Appeals on January 18, 2005. The trial court, Judge Barbara D. Johnson, lacks jurisdiction to make any further decisions following appeal except as provided in Rules of Appellate Procedure (RAP) 7. |
| (5) | In Case No. 04-2-08908-9, Mr. Carr filed a Notice of Appeal to the Court of Appeals on December 10, 2005; however, no final order had been entered by the trial court at that time. Kenneth Eisland, District Court Judge acting as a Superior Court Commissioner, entered a final order on January 19, 2005. No basis for a motion before Judge Barbara D. Johnson has been stated, and it is unclear whether the trial court has jurisdiction following the Notice of Appeal. |
| (6) | All of the above has created an unreasonable burden for court staff and resulted in difficulty for Karyn to respond to court proceedings, as set forth in her letter filed February 14, 2005. |
| (1) | All pleadings must have a single case number and the correct caption. The Clerk will not accept, or if mistakenly accepted, will return, any pleadings which list more than one case number and/or have an incorrect caption. |
| (2) | No hearings will be scheduled except upon issuance of an Order to Show Cause by Judge Barbara D. Johnson. Any request for a hearing must be made by a written motion for Order to Show Cause which complies with CR 7, submitted to Judge Johnson. The moving party must include in the motion the basis for jurisdiction of the court and submit a proposed Order to Show Cause, as well as a proposed order sought in the hearing. |
| (3) | If Judge Johnson finds adequate basis in law and fact to set a hearing, the court will set a date. It will also be the responsibility of the moving party to serve the opposing party with the Order to Show Cause and all other pleadings in compliance with CR 6. |
| (4) | No hearing will take place on February 18, 2005, for the reasons set forth
above. Any future hearing will be scheduled only as provided herein. DATED this ___16___ day of February, 2005. |
BARBARA D. JOHNSON________
JUDGE BARBARA D. JOHNSON