[WSBAPT] Consolidation Procedures

[Jen Doehne]

I have consolidated a couple TEDRA/Probate in the past and the Probate cause number is what I used to consolidate and the court had no issues doing so..

Best,
Jen

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Diane J. Kiepe
Sent: Saturday, May 04, 2019 12:48 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Consolidation Procedures

It's been awhile for me now but I just stated to the court what cause number would stay for all future matters related to the consolidated matter and did not file as a new case - it was accepted that way.  Fair disclosure, TEDRA is a little wild west so I just figured if the other party didn't object (and I could find no grounds for an objection) that it promoted judicial expediency consistent with one of the goals of TEDRA.

Best of luck -


Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300



From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Paul Neumiller
Sent: Saturday, May 4, 2019 12:31 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Consolidation Procedures


Listmates.  I am attempting to consolidate an existing TEDRA action (Petition for Family Award) with a newly filed Petition for Creditor's Claim.  I believe I have adequate grounds for consolidation so this question is only regarding the proper WA procedure to merge two cases.  For federal cases, one case merges into the other case so that only one case continues.  It appears under WA law that both exiting cases are closed and a new single action is opened.  So, how does this work?  The forms in the Civil Pro. Deskbook hint that the motion for consolidation is filed as the new action and the existing two actions merge into it upon the judge's order.  OK, but am I supposed to pay the standard $240 for a new case just for the motion?  And what if the Court denies the motion and I have already paid the money and opened a new case?  Also, is there any way to ensure that the consolidated cases will continue under the rules of the initial TEDRA action?  Thanks.  And have a great weekend.




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