COURT TIPS | SCBA VLP

Legal Terms

Below are some legal terms you may come across during your legal case. You can find more information at Spokanecounty.org.

Serving Legal Documents

Below are the few ways you can serve someone legal documents. You can find more information at Spokanecounty.org.

Personal Service

Personally serving someone legal documents requires having a third party (someone other than the petitioner) physically present the paperwork to the respondent. Even if the person refuses to take the paperwork they are considered served so long as they had the opportunity to accept.

Personal service is the fastest and most reliable option for service.

Anyone who is over the age of 18 can personally serve legal documents. After serving the documents to the respondent, the server should fill out a Proof of Personal Service form (FL 101) and file the document with the county clerk. The form proves under penalty of law that the documents were served.

What if I don’t know anyone who can serve the documents?

You can hire a process server to serve the documents or hire the Sheriff’s office. When hiring a third party to complete service, you must provide the respondent’s current address where the server can deliver the papers.

Service by Mail

Serving by mail means the documents are mailed to the respondent through certified mail.

Certified mail is the postal service where a receipt is provided to the sender proving delivery. This method of mailing is best because there is a physical record of service. Remember, the person serving the documents must be a third party over the age of 18 (you cannot put the documents in the envelope).

To serve by mail you must get permission from the court before mailing the documents.

To get permission to serve by mail, you must show that you have attempted to personally serve the other party and have been unable to do so. You must explain in detail what steps you have taken to try to serve the other party. You must complete:

Motion to Serve by Mail (FL 104)
Order to Allow Service by Mail (FL 105)
Summons Served by Mail (FL 106)

The Motion and Order must be signed by a judicial officer before they are mailed.

Two copies must be sent by mail. One copy is sent by regular mail and the other is sent by certified mail. After the documents have been mailed, the third party who mailed the documents needs to complete the Proof of Service by Mail (FL 107) to prove service has been completed. This form requires that you attach a copy of the certified mail receipt to the form when you file it. This form must then be filed with the Clerk’s office and you must keep a copy for your records.

If a party is served by mail, they get a longer response period (typically 90 days from the date of mailing in a Family Law case) before they can be defaulted for failure to file a response.

Service by Publication

Alternative service, or service by publication, is the method of service where the petition is published in a newspaper in the area where the respondent lives.

In Spokane County the ad must run for six weeks. The cost of publication is the responsibility of the person serving the documents. There are no waivers available for the publication fees.

To serve by publication you must show that you have attempted to personally serve the other party and have been unable to do so. You must explain in detail what steps you have taken to try to serve the other party.

You must get permission from the court before publishing the documents.

To get permission to publish the documents, you must complete:

Motion to Serve by Publication (FL 108)
Order to Allow Service by Publication (FL 109)
Summons Served by Publication (FL 110)

The Motion and Order must be signed by a judicial officer before publishing the documents.

The notice may be published in any publication that covers the area in which you believe the other party resides. Different publications have different rates for publishing legal notices; it is best to call around before deciding where to publish. After the publication period has been completed, you need to file the Proof of Publication form with the clerk’s office as proof service was completed. You are required to attach the proof you receive from the editor showing the publication to the proof of service.

If a party is served by publication, they get a longer response period (typically 61 days from the date of mailing in a Family Law case) before they can be defaulted for failure to file a response.

Courtroom Etiquette

Below are tips on how to proceed in a courtroom.

You can find more information at Spokanecounty.org.

It's important to respect all posted signs in and around the courtroom.

Going to court can be intimidating when you don’t know the social rules. Attorneys take entire classes on how to behave in court at law school! Keep reading for your crash course on courtroom etiquette so you can walk into court like a pro.

Dress Code

Courtrooms are old school when it comes to what you should wear (they still wear powdered wigs in some of them). You want to dress professionally and conservatively.

That means:

Avoid loud colors
Keep jewelry to a minimum
Remove extra piercings if possible
Cover tattoos if possible
Cover up – you may have great arms and legs, but showing them off won’t help your case.

Learn more about Dressing for Court.

Don’t be Late – It’s an Important Date

Nothing looks worse than when you are late to court. It reflects very poorly on you, and it’s disrespectful to the judge and everyone else involved in the case. That’s not the first impression you want to make. Leave more time than you think you need to get to court on time. You should also expect to be in court all morning or all afternoon.

Tip: Arrive to court 15 to 20 minutes early. You will have to go through courthouse security before you reach the courtroom.

No Kids in Court

Children do not belong in the courtroom. You need to arrange for childcare the day of your court appearance. Many courthouses have onsite childcare for parents who have court business.

Spokane County offers free childcare for community members attending to court business. Click here for more information on the Children's Waiting Rooms.

Be Organized

Review and organize your documents before you go to court, so you aren’t frantically flipping through papers in the courtroom.

Tip: Organize your case documents in a binder so you can find everything quickly and easily.

Respect court rules. They are for everyone's benefit.

Respect Court Rules

Courtrooms often have rules that apply specifically to that courtroom, but here are some rules you should follow in any courtroom:

Don’t chew anything (gum, food, your hair, nails…).
Don’t bring food or drinks into the courtroom.
Turn your phone off or put it on silent mode BEFORE entering the courtroom.
No talking when the judge is on the bench.
Absolutely NO swearing, cursing, threatening language or threatening behavior (assault in a courthouse is a felony).

Mind Your Ps and Qs

Even if you don’t want to be there, you have to respect the formality of the law and the people involved in the legal system. Here’s how:

Be respectful and polite to everyone involved in the case (this includes the opposing party).
Stand whenever the judge/jury enters the courtroom and exits the courtroom.
Address the judge (or commissioner) as “Your Honor” (Ex: Yes, Your Honor, I have those documents.).
Speak slowly and deliberately so that everyone can hear and understand you.
Answer all questions respectfully with yes, sir or no ma’am (Your Honor when the judge asked the question).
Address the judge when answering questions even if the opposing side asked the question.
Only answer the question you are asked. Do not use the answer to change topics. (You will have time to express your concerns).
Always stand whenever you are addressing the judge.
Do not interrupt anyone – ever.
NEVER approach the bench without permission (courtroom diagram).

Tip: Pretend you are taking your elderly grandmother out to lunch after church. She may be old, but she’ll still smack you with her fork if you don’t toe the line.

Control Your Emotions

Legal proceedings are stressful, but you have to keep your emotions in check while you’re in court. Nothing will be resolved if you can’t clearly communicate to the court. Being emotional in court doesn’t make you look responsible or mature either, and that’s the last thing you want when important legal matters are being decided.

You are allowed to bring a friend or family member with you to court for moral support, but they cannot talk for you.

Communicate with the Court

Courthouses have the resources to provide you with special accommodations (interpreter, hearing assistance…), but you must arrange them with the court before your court date. Don’t wait until the morning of your court proceeding.

Click here for more information on special accommodations in Spokane County.

Now you’re ready for court! The most important thing to remember whenever you go to court is to be patient, polite, and respectful.

Name Changes

Below is the general process for getting a name changed. You can find more information at Spokanecounty.org.

You’ve submitted your petition to change your name, and your court date has been set. What should you expect at your hearing?

The Wait

Plan to arrive to court at least ten minutes early because you have things to do when you get there. Court staff will collect your ID when you arrive, so have it handy. The judge uses your ID to verify your current legal name when she addresses you during the hearing.

At 9 AM the judge will take the bench and all participants of the hearing (anyone there to change their name) must stand and swear under oath to be truthful during the hearing. And then the fun begins.

The Change

The judge will call everyone up to the podium one by one. At the podium you will state your current legal name (this is the one you are changing) for the record. The judge will confirm the spelling of your new name (the one listed on your petition), and ask you a few questions to confirm that you do actually want to change your name. The judge will also ask why you want to change your name. You don’t have to explain your reason at length—just a few sentences will do.

The New You

If all goes according to plan, the judge will sign your order. After the judge has signed the order your legal name is officially changed. Now you will collect your ID from the court staff and pop in to the clerk’s office to get a certified copy of your name change order (you will need this to change your name with other organizations).

Now you’re done … with your hearing. Don’t forget to notify the appropriate institutions of the new you.

Learn more about the name change process in Spokane County.