LOCAL RULES OF THE DISTRICT COURT FOR KING COUNTY
LOCAL ADMINISTRATIVE RULES
(a) GENERAL. The responsibility to set policy and to oversee the administration of the Court resides in the elected and appointed judges of the Court. The judges, as outlined in these rules, delegate authority to an Executive Committee, a Chief Presiding Judge, an Assistant Presiding Judge, and a Chief Administrative Officer. The judges retain final authority to set modify or terminate policy or the execution of policy by the Executive Committee or any of the parties listed above through the appeal process set forth in LARLJ 0.2 APPEALS.
(b) EXECUTIVE COMMITTEE. The Executive Committee shall consist of five (5) judges: The Chief Presiding Judge and the Assistant Presiding Judge, and three (3) Division Presiding judges, one from each of the three Administrative Divisions. The Chief Presiding Judge, Assistant Presiding Judge and each member of the Executive Committee shall serve a term of two (2) years, from January 1st through December 31st, or until a successor shall be elected. The Executive Committee is responsible for the establishment of policies regarding the administrative operations of the Court.
(c) CHIEF PRESIDING JUDGE. The Chief Presiding Judge is given the duties set forth in GR 29; is responsible for the supervision of the business of the Court and for ensuring that the business of the Court is conducted in accordance with these rules; shall propose policy to the Executive Committee; shall carry out the policies set by the Executive Committee; shall supervise the Chief Administrative Officer; shall be responsible for general supervision of the current budget; shall be responsible for the preparation of the yearly proposed budget for the court; and after approval of the Executive Committee, shall present the yearly proposed budget to the County Executive and County Council. Should the County Council modify the proposed budget, the Budget Committee and the Chief Presiding Judge shall thereafter formulate and recommend a final budget to the Executive Committee for approval.
(d) ASSISTANT PRESIDING JUDGE. The Assistant Presiding Judge shall assist the Chief Presiding Judge and shall serve as Acting Chief Presiding Judge during the temporary absence or disability of the Chief Presiding Judge. Unless otherwise directed by the Presiding Judge, the Assistant Presiding Judge shall be the chair of the Budget Committee.
(e) DIVISION PRESIDING JUDGE. Each of the Court's three Administrative Divisions shall have a Division Presiding Judge who shall have the responsibilities and the authority delegated by Presiding Judge under GR 29.
(f) CHIEF ADMINISTRATIVE OFFICER. The Chief Administrative Officer, under the supervision of the Chief Presiding Judge, shall have responsibility and authority, subject to delegation to the Deputy Chief Administrative Officer and Directors, where the Chief Administrative Officer deems appropriate, over the hiring, supervision, discipline and termination of all non-judicial personnel. The Chief Administrative Officer shall develop and implement uniform court, administrative and personnel procedures and, where appropriate, centralization of court administration to achieve cost savings. The Executive Committee is responsible for the hiring of the Chief Administrative Office. The Chief Administrative Office serves at the pleasure of the Executive Committee.
(g) DEPUTY CHIEF ADMINISTRATIVE OFFICER. The Deputy Chief Administrative Officer, under the supervision of the Chief Administrative Officer, shall have the responsibility and authority delegated by the Chief Administrative Officer. The Deputy Chief Administrative Officer shall be hired by the Chief Administrative Officer only with the concurrence of the Executive Committee. The Deputy Chief Administrative Officer serves at the pleasure of the Executive Committee.
(h) DIRECTOR OF PROBATION SERVICES. The Director of Probation Services, under the supervision of the Chief Presiding Judge, shall have responsibility and authority for operations of the Court's Probation Services, including the hiring, training, placement, discipline and termination of personnel. Responsibility for establishment of policies regarding the operations of Probation Services is placed with the Executive Committee. The Executive Committee is responsible for the hiring of the Director of Probation Services. The Director of the Probation Services serves at the pleasure of the Executive Committee.
(i) DIRECTORS. Division Directors shall have such responsibility and authority, as the Chief Administrative Officer deems appropriate, over the hiring, supervision, discipline, and termination of all non-judicial personnel located in the King County District Court Division to which they are assigned. Division Directors shall be hired by the Chief Administrative Officer only with the concurrence of the majority of the judges in the affected Administrative Division. The Chief Administrative Officer or a judge involved in the concurrence process may appeal a decision not to hire a Division Director to the Executive Committee. Division Directors serve at the pleasure of the Executive Committee.
Directors assigned to the Office of the Presiding Judges shall be selected by the Chief Administrative Officer and hired only with the concurrence of the Executive Committee. These Directors shall have such responsibility and authority as the Chief Administrative Officer deems appropriate over the hiring, supervision, discipline, and termination of non-judicial personnel under their supervision. Directors assigned to the Office of Presiding Judge serve at the pleasure of the Executive Committee.
[Adopted effective January 1, 1991. Amended effective January 1, 2000; October 18, 2002; September 1, 2007; September 2, 2013.]
(b) EXECUTIVE COMMITTEE. The Executive Committee shall consist of five (5) judges: The Chief Presiding Judge and the Assistant Presiding Judge, and three (3) Division Presiding judges, one from each of the three Administrative Divisions. The Chief Presiding Judge, Assistant Presiding Judge and each member of the Executive Committee shall serve a term of two (2) years, from January 1st through December 31st, or until a successor shall be elected. The Executive Committee is responsible for the establishment of policies regarding the administrative operations of the Court.
(c) CHIEF PRESIDING JUDGE. The Chief Presiding Judge is given the duties set forth in GR 29; is responsible for the supervision of the business of the Court and for ensuring that the business of the Court is conducted in accordance with these rules; shall propose policy to the Executive Committee; shall carry out the policies set by the Executive Committee; shall supervise the Chief Administrative Officer; shall be responsible for general supervision of the current budget; shall be responsible for the preparation of the yearly proposed budget for the court; and after approval of the Executive Committee, shall present the yearly proposed budget to the County Executive and County Council. Should the County Council modify the proposed budget, the Budget Committee and the Chief Presiding Judge shall thereafter formulate and recommend a final budget to the Executive Committee for approval.
(d) ASSISTANT PRESIDING JUDGE. The Assistant Presiding Judge shall assist the Chief Presiding Judge and shall serve as Acting Chief Presiding Judge during the temporary absence or disability of the Chief Presiding Judge. Unless otherwise directed by the Presiding Judge, the Assistant Presiding Judge shall be the chair of the Budget Committee.
(e) DIVISION PRESIDING JUDGE. Each of the Court's three Administrative Divisions shall have a Division Presiding Judge who shall have the responsibilities and the authority delegated by Presiding Judge under GR 29.
(f) CHIEF ADMINISTRATIVE OFFICER. The Chief Administrative Officer, under the supervision of the Chief Presiding Judge, shall have responsibility and authority, subject to delegation to the Deputy Chief Administrative Officer and Directors, where the Chief Administrative Officer deems appropriate, over the hiring, supervision, discipline and termination of all non-judicial personnel. The Chief Administrative Officer shall develop and implement uniform court, administrative and personnel procedures and, where appropriate, centralization of court administration to achieve cost savings. The Executive Committee is responsible for the hiring of the Chief Administrative Office. The Chief Administrative Office serves at the pleasure of the Executive Committee.
(g) DEPUTY CHIEF ADMINISTRATIVE OFFICER. The Deputy Chief Administrative Officer, under the supervision of the Chief Administrative Officer, shall have the responsibility and authority delegated by the Chief Administrative Officer. The Deputy Chief Administrative Officer shall be hired by the Chief Administrative Officer only with the concurrence of the Executive Committee. The Deputy Chief Administrative Officer serves at the pleasure of the Executive Committee.
(h) DIRECTOR OF PROBATION SERVICES. The Director of Probation Services, under the supervision of the Chief Presiding Judge, shall have responsibility and authority for operations of the Court's Probation Services, including the hiring, training, placement, discipline and termination of personnel. Responsibility for establishment of policies regarding the operations of Probation Services is placed with the Executive Committee. The Executive Committee is responsible for the hiring of the Director of Probation Services. The Director of the Probation Services serves at the pleasure of the Executive Committee.
(i) DIRECTORS. Division Directors shall have such responsibility and authority, as the Chief Administrative Officer deems appropriate, over the hiring, supervision, discipline, and termination of all non-judicial personnel located in the King County District Court Division to which they are assigned. Division Directors shall be hired by the Chief Administrative Officer only with the concurrence of the majority of the judges in the affected Administrative Division. The Chief Administrative Officer or a judge involved in the concurrence process may appeal a decision not to hire a Division Director to the Executive Committee. Division Directors serve at the pleasure of the Executive Committee.
Directors assigned to the Office of the Presiding Judges shall be selected by the Chief Administrative Officer and hired only with the concurrence of the Executive Committee. These Directors shall have such responsibility and authority as the Chief Administrative Officer deems appropriate over the hiring, supervision, discipline, and termination of non-judicial personnel under their supervision. Directors assigned to the Office of Presiding Judge serve at the pleasure of the Executive Committee.
[Adopted effective January 1, 1991. Amended effective January 1, 2000; October 18, 2002; September 1, 2007; September 2, 2013.]
(a) A decision of the Chief Presiding Judge may be appealed to the Executive Committee by any judge.
(b) A decision of the Chief Presiding Judge or Executive Committee may be appealed directly to the judges by obtaining the consent of at least five (5) other judges and filing such appeal with the Office of the Presiding Judge for inclusion on the next general judges' meeting agenda. An affirmative vote of at least two-thirds of those judges voting is required to reverse the Chief Presiding Judge's or Executive Committee's decision.
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
(b) A decision of the Chief Presiding Judge or Executive Committee may be appealed directly to the judges by obtaining the consent of at least five (5) other judges and filing such appeal with the Office of the Presiding Judge for inclusion on the next general judges' meeting agenda. An affirmative vote of at least two-thirds of those judges voting is required to reverse the Chief Presiding Judge's or Executive Committee's decision.
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
Regular meetings of the Executive Committee shall be held every month on the first and third Tuesday. Regular meetings of the judges shall be held on the fourth Friday of January, April, June and October, or on such other day as may be designated by the Chief Presiding Judge. Provided, the Chief Presiding Judge may cancel an Executive Committee meeting or a regular meeting of the judges when there are no scheduled topics of discussion or when reasonably required by scheduling conflicts.
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
Special meetings of the Executive Committee may be called by the Chief Presiding Judge at any time. Notice of any such meeting shall be provided to each member at least 24 hours in advance by personal contact, email or in writing left at the judge's assigned chambers. Special meetings of the judges may be called at any time by the Chief Presiding Judge or by any six (6) judges acting jointly. Notice of any such meeting shall be provided each judge at least 24 hours in advance by personal contact or in writing left at the judge's assigned chambers.
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
Executive Committee members unable to attend a meeting of the Executive Committee shall be allowed to give a written proxy to another judge from that Division who may then participate and vote at the Executive Committee meeting in the same manner as the absent member could have. At a regular judges' meeting, each judge shall have the right to cast one vote on any issue before the judges. Voting by proxy at a regular judges' meeting shall be allowed only if a written proxy has been executed and filed with the Office of the Presiding Judge. Such proxy authorizes another judge to cast his or her vote as directed.
[Adopted effective January 1, 1991; amended effective January 1, 1992; September 1, 1993; January 1, 2000; October 18, 2002.]
[Adopted effective January 1, 1991; amended effective January 1, 1992; September 1, 1993; January 1, 2000; October 18, 2002.]
A quorum for the conduct of business by the entire judges shall be ten (10) judges and for the conduct of business by the Executive Committee four (4) judges.
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
The recording secretary for all regular and special meetings of the Executive Committee and the judges shall be such person as the Chief Administrative Officer may designate. The recording secretary shall record and send to all judges the minutes of the proceedings of the Executive Committee and the judges meetings within five (5) working days following the meeting. The records of all proceedings of the judges and the prior association shall be maintained at the office of the Presiding Judge.
[Adopted effective January 1, 1991; amended effective January 1, 2000.]
[Adopted effective January 1, 1991; amended effective January 1, 2000.]
The Chief Presiding Judge may from time to time, with or without a motion for such, set up ad-hoc or special committees for specific purposes, and appoint judges to serve on such committees. Permanent committees which shall be appointed annually by the Chief Presiding Judge shall be:
RULES. The rules committee shall be charged with the regular review and revision of all of the local and administrative rules that govern the operation of the judges of the King County District Court. Except in emergencies, all rules revisions and new rules shall be first referred to this committee for drafting.
PROBATION. The probation committee shall be charged with assisting the Probation Director and the Chief Presiding Judge in the development of policy under which the probation department shall operate.
BUDGET. The budget committee shall be charged with the development of the proposed budget for the coming year for the King County District Court. This committee shall coordinate and consider the requests from each Division and develop a recommended budget for consideration of the Executive Committee.
PERSONNEL. The personnel committee shall be charged with the development of all recommended policies that affect the people working in the Divisions, including union contract provisions, recommended salaries and working condition rules and regulations. These recommendations shall be then referred to the Executive Committee for action.
CASELOAD. The Executive Committee will serve as the caseload committee.
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
RULES. The rules committee shall be charged with the regular review and revision of all of the local and administrative rules that govern the operation of the judges of the King County District Court. Except in emergencies, all rules revisions and new rules shall be first referred to this committee for drafting.
PROBATION. The probation committee shall be charged with assisting the Probation Director and the Chief Presiding Judge in the development of policy under which the probation department shall operate.
BUDGET. The budget committee shall be charged with the development of the proposed budget for the coming year for the King County District Court. This committee shall coordinate and consider the requests from each Division and develop a recommended budget for consideration of the Executive Committee.
PERSONNEL. The personnel committee shall be charged with the development of all recommended policies that affect the people working in the Divisions, including union contract provisions, recommended salaries and working condition rules and regulations. These recommendations shall be then referred to the Executive Committee for action.
CASELOAD. The Executive Committee will serve as the caseload committee.
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
All committees having held meetings since the last regular or special meeting of either the Executive Committee or the judges shall report orally or in writing the business conducted by that committee at such meeting. Such report shall be made at the next regular or special meeting of either the Executive Committee or the judges.
[Adopted effective January 1, 1991. Amended effective September 1, 2006.]
[Adopted effective January 1, 1991. Amended effective September 1, 2006.]
Elections for the Chief Presiding Judge and Assistant Presiding Judge shall be held at the regular judges' meeting in October. Elections for Chief Presiding Judge and Assistant Presiding Judge shall be decided by a majority vote of all the judges at the October election meeting. Elections for the Administrative Division representatives to the Executive Committee (Division Presiding Judge) shall be held no later than the Friday following the October judges' meeting. If no judge from an Administrative Division receives a majority of the votes to be elected Division Presiding Judge, then the Chief Presiding Judge shall draw names by lot from the top two finalists to fill the position. The Chief Presiding Judge shall be notified of the Division election results no later than November 5th.
[Adopted effective January 1, 1991; amended effective January 1, 1992; January 1, 2000; October 18, 2002; September 1, 2007.]
[Adopted effective January 1, 1991; amended effective January 1, 1992; January 1, 2000; October 18, 2002; September 1, 2007.]
Vacancies occurring in the Executive Committee shall be filled by a vote of the judges of the administrative division in the same manner as provided in LARLJ 0.10 above.
[Adopted effective January 1, 1991; amended effective September 1, 2007.]
[Adopted effective January 1, 1991; amended effective September 1, 2007.]
The Chief Presiding Judge shall prepare agendas for both the Executive Committee and judges' meetings and shall deliver the agenda to all appropriate members for each meeting by hand delivery, email or mail, five (5) calendar days before the meeting.
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
The Chief Presiding Judge, Assistant Presiding Judge or any member of the Executive Committee may be recalled from office upon motion made and seconded and approved by two-thirds of those entitled to vote on the issue as provided in paragraph LARLJ 0.10 above. A motion to recall the Chief Presiding Judge, Assistant Presiding Judge, or any member of the Executive Committee may only be voted upon at a meeting of the judges called for that purpose
[Adopted effective January 1, 1991; amended effective October 18, 2002.]
[Adopted effective January 1, 1991; amended effective October 18, 2002.]
(a) Notice. Copies of proposed rules or amendments to rule(s), including proposed changes to these administrative rules, should be sent by mail or email to all judges at least three (3) weeks before consideration by the Executive Committee.
(b) Executive Committee Action.
(1) The Executive Committee, if it determines circumstances justify, may adopt the proposed rule(s), except changes to these Administrative Rules, as submitted or as modified at the Executive Committee meeting for immediate effect subject to an automatic review by the judges at the first regular meeting of the judges following such Executive Committee action.
(2) If the Executive Committee determines there is not a need for immediate enactment of the proposed rule(s), it shall nevertheless pass on the advisability of such rule(s), and any amendments considered at such meeting, and forward the proposed rule(s) to a meeting of the judges which is at least twenty-eight (28) days ahead. The Recording Secretary shall send to all judges copies of the proposed rule(s) and the Executive Committee's recommendation(s) regarding adoption or rejection at least five (5) days prior to the regular judges' meeting.
(3) Any Division or judge may request a specific local rule (as opposed to a uniform local rule) for a Division in supplementation of the uniform local rules by obtaining the approval of the Executive Committee and adoption according to GR 7.
(c) Judges. “Judges” are defined to mean all the then current validly appointed or elected King County District Court Judges, and a meeting of such judges includes those present personally and those present by means of proxy voting as authorized by these Local Administrative Rules.
(d) Printing of Rules. Copies of all adopted rules shall be filed as directed by GR 7 and available at all courthouses. Adopted as a goal is the desire to have the Local Court Rules reviewed on an annual basis in time to be accepted for publication by book companies. The Chief Presiding Judge may at any time make typographical error corrections of printed rules.
(e) Emergency Bail Schedule Changes. The Chief Presiding Judge may without prior notice add to, delete, or amend the King County District Court's Uniform Bail Schedule to conform with legislative change or Supreme Court rule change.
(f) Suspension of rules. No local rule of this Court shall be adopted, rescinded or changed without a majority vote of all the judges at a regular or special judges' meeting and only after seven days notice of a motion thereof; provided, a rule may be temporarily suspended for a special purpose by a vote requested thereon. The Chief Presiding Judge shall announce the rule suspended and the judges may proceed accordingly.
[Adopted effective January 1, 1991; amended effective September 1, 1993; January 1, 2000; October 18, 2002.]
(b) Executive Committee Action.
(1) The Executive Committee, if it determines circumstances justify, may adopt the proposed rule(s), except changes to these Administrative Rules, as submitted or as modified at the Executive Committee meeting for immediate effect subject to an automatic review by the judges at the first regular meeting of the judges following such Executive Committee action.
(2) If the Executive Committee determines there is not a need for immediate enactment of the proposed rule(s), it shall nevertheless pass on the advisability of such rule(s), and any amendments considered at such meeting, and forward the proposed rule(s) to a meeting of the judges which is at least twenty-eight (28) days ahead. The Recording Secretary shall send to all judges copies of the proposed rule(s) and the Executive Committee's recommendation(s) regarding adoption or rejection at least five (5) days prior to the regular judges' meeting.
(3) Any Division or judge may request a specific local rule (as opposed to a uniform local rule) for a Division in supplementation of the uniform local rules by obtaining the approval of the Executive Committee and adoption according to GR 7.
(c) Judges. “Judges” are defined to mean all the then current validly appointed or elected King County District Court Judges, and a meeting of such judges includes those present personally and those present by means of proxy voting as authorized by these Local Administrative Rules.
(d) Printing of Rules. Copies of all adopted rules shall be filed as directed by GR 7 and available at all courthouses. Adopted as a goal is the desire to have the Local Court Rules reviewed on an annual basis in time to be accepted for publication by book companies. The Chief Presiding Judge may at any time make typographical error corrections of printed rules.
(e) Emergency Bail Schedule Changes. The Chief Presiding Judge may without prior notice add to, delete, or amend the King County District Court's Uniform Bail Schedule to conform with legislative change or Supreme Court rule change.
(f) Suspension of rules. No local rule of this Court shall be adopted, rescinded or changed without a majority vote of all the judges at a regular or special judges' meeting and only after seven days notice of a motion thereof; provided, a rule may be temporarily suspended for a special purpose by a vote requested thereon. The Chief Presiding Judge shall announce the rule suspended and the judges may proceed accordingly.
[Adopted effective January 1, 1991; amended effective September 1, 1993; January 1, 2000; October 18, 2002.]
The latest edition of Roberts Rules of Order shall govern parliamentary procedures at all meetings of the judges and committees
[Adopted effective January 1, 1991.]
[Adopted effective January 1, 1991.]
(a) The King County District Court shall be open to the public for business from at least 8:30 AM to 4:30 PM Monday through Friday of each week except for holidays scheduled by the State of Washington Supreme Court and closures ordered by the Presiding Judge when necessitated by inclement weather or other emergency.
(b) Any judge performing a wedding ceremony during the hours the Court is open to the public for business must comply with the requirements of Canon 5(C)(8) of the Code of Judicial Conduct and any applicable statutes.
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
(b) Any judge performing a wedding ceremony during the hours the Court is open to the public for business must comply with the requirements of Canon 5(C)(8) of the Code of Judicial Conduct and any applicable statutes.
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
Beginning January 1, 2007, the King County District Court will be comprised of five electoral districts operating in courthouses throughout King County. Reference to a particular courthouse location shall include the Administrative Division of the King County District Court. Beginning January 1, 2007, the Administrative Divisions are the East, South and West. The courthouse facilities located within the Administrative Divisions are as follows:
South Division
(a) Kent, 1210 South Central Kent, WA 98031
(b) Burien, 601 SW 149th Street, Burien, WA 98166
(c) Regional Justice Center, 401 Fourth Avenue North, Kent, WA 98032
(d) Vashon Facility (c/o Burien Courthouse, 601 SW 149th Street, Burien, WA 98166)
East Division
(a) Bellevue, 585--112th Avenue SE, Bellevue, WA 98004
(b) Issaquah, 5415--220th Avenue SE, Issaquah, WA 98029
(c) Redmond, 8601--160th Avenue NE, Redmond, WA 98052
West Division
(a) Seattle, E-327 King County Courthouse, 516 3rd Avenue, Seattle, WA 98104
(b) Shoreline, 18050 Meridian Avenue N, Shoreline, WA 98133
(c) King County Correctional Facility (c/o Seattle Courthouse, 516 Third Avenue, Room E-327, Seattle, WA 98104
[Formerly LARLJ 0.18, adopted effective January 1, 1991; amended effective January 1, 1992; September 1, 1997; January 1, 2000. Renumbered as LARLJ 0.17 and amended effective October 18, 2002. Amended effective June 26, 2004; September 1, 2007.]
South Division
(a) Kent, 1210 South Central Kent, WA 98031
(b) Burien, 601 SW 149th Street, Burien, WA 98166
(c) Regional Justice Center, 401 Fourth Avenue North, Kent, WA 98032
(d) Vashon Facility (c/o Burien Courthouse, 601 SW 149th Street, Burien, WA 98166)
East Division
(a) Bellevue, 585--112th Avenue SE, Bellevue, WA 98004
(b) Issaquah, 5415--220th Avenue SE, Issaquah, WA 98029
(c) Redmond, 8601--160th Avenue NE, Redmond, WA 98052
West Division
(a) Seattle, E-327 King County Courthouse, 516 3rd Avenue, Seattle, WA 98104
(b) Shoreline, 18050 Meridian Avenue N, Shoreline, WA 98133
(c) King County Correctional Facility (c/o Seattle Courthouse, 516 Third Avenue, Room E-327, Seattle, WA 98104
[Formerly LARLJ 0.18, adopted effective January 1, 1991; amended effective January 1, 1992; September 1, 1997; January 1, 2000. Renumbered as LARLJ 0.17 and amended effective October 18, 2002. Amended effective June 26, 2004; September 1, 2007.]
(a) Chief Presiding Judge. In order to assure the expeditious and efficient handling of all cases and an equitable distribution of workload among the Administrative Divisions, the Chief Presiding Judge, with the approval of the Executive Committee, may by written order, direct that certain types of cases be filed in different Administrative Divisions than otherwise provided in these rules for a designated period of time, or until further ordered. It is recommended, but not required, that the Chief Presiding Judge consult with the Executive Committee, affected Administrative Divisions, affected law enforcement agencies, and other affected parties prior to making such a recommendation to the Executive Committee.
(b) All Judges. Any judge may direct the transfer of a pending case to another Administrative Division for good cause, upon the court's own motion or upon the motion of any party.
(c) Courtesy Hearing. Without transferring the case to another Administrative Division, a hearing may be held in a Division other than the one in which the case is filed for the purpose of setting bail, first appearance after being booked on a warrant, or other purpose agreed to by the court where the case is filed.
[Formerly LARLJ 0.19, adopted effective January 1, 1991; amended effective January 1, 1992; September 1, 1997; January 1, 2000. Renumbered as LARLJ 0.18 and amended effective October 18, 2002; amended effective September 1, 2007.]
(b) All Judges. Any judge may direct the transfer of a pending case to another Administrative Division for good cause, upon the court's own motion or upon the motion of any party.
(c) Courtesy Hearing. Without transferring the case to another Administrative Division, a hearing may be held in a Division other than the one in which the case is filed for the purpose of setting bail, first appearance after being booked on a warrant, or other purpose agreed to by the court where the case is filed.
[Formerly LARLJ 0.19, adopted effective January 1, 1991; amended effective January 1, 1992; September 1, 1997; January 1, 2000. Renumbered as LARLJ 0.18 and amended effective October 18, 2002; amended effective September 1, 2007.]
Access to on-line district court records shall be made available to the public subject to the following fees.
(a) Per Page. The fee assessed for remote access to on-line district court records shall be twenty-five cents per page. No fee shall be charged to view district court records using terminals that are made available to the public at district court facilities.
(b) Collection. Subject to the approval of the Chief Presiding Judge, the district court chief administrative officer shall establish a procedure for the collection of this fee.
[Adopted on an emergency basis effective January 1, 2009; adopted on a permanent basis effective September 1, 2009. Former LARLJ 0.19 adopted effective January 1, 1991; amended effective November 1, 1993; January 1, 2000; amended and renumbered as LARLJ 0.18 effective October 18, 2002.]
(a) Per Page. The fee assessed for remote access to on-line district court records shall be twenty-five cents per page. No fee shall be charged to view district court records using terminals that are made available to the public at district court facilities.
(b) Collection. Subject to the approval of the Chief Presiding Judge, the district court chief administrative officer shall establish a procedure for the collection of this fee.
[Adopted on an emergency basis effective January 1, 2009; adopted on a permanent basis effective September 1, 2009. Former LARLJ 0.19 adopted effective January 1, 1991; amended effective November 1, 1993; January 1, 2000; amended and renumbered as LARLJ 0.18 effective October 18, 2002.]
LOCAL CIVIL RULES
(a) “Venue”, as prescribed in the CRLJ and RCW 3.66.040, includes the “district” venue and the “division” venue of the King County District Court.
(b) Impound hearings shall be filed in the division in which the impound of the vehicle occurred.
(c) Venue for small claims cases is governed by the provisions of RCW 3.66.040.
(d) These rules do not govern the filing of any petition for civil protective orders. Such petitions may be filed in any division of the King County District Court.
(e) The Presiding Judge may direct alternative filing requirements pursuant to LARLJ 0.18
[Adopted effective January 1, 1991. Amended effective September 1, 1993; September 1, 1999; July 1, 2000; September 1, 2009; September 2, 2014; September 1, 2016; April 21, 2017.]
(b) Impound hearings shall be filed in the division in which the impound of the vehicle occurred.
(c) Venue for small claims cases is governed by the provisions of RCW 3.66.040.
(d) These rules do not govern the filing of any petition for civil protective orders. Such petitions may be filed in any division of the King County District Court.
(e) The Presiding Judge may direct alternative filing requirements pursuant to LARLJ 0.18
[Adopted effective January 1, 1991. Amended effective September 1, 1993; September 1, 1999; July 1, 2000; September 1, 2009; September 2, 2014; September 1, 2016; April 21, 2017.]
Each new civil case filing, except small claims, petitions for domestic violence protection orders, anti-harassment orders and name changes, shall be accompanied by a Case Information Cover sheet prepared and submitted by the plaintiff or plaintiff's attorney. The minimum requirements of the Case Information Cover Sheet shall be established by the court and made available at www.kingcounty.gov/courts/DistrictCourt.
[Formerly LCRLJ 11, adopted effective September 15, 2000. Renumbered LCRLJ 3.2 and amended, effective September 2, 2014.]
[Formerly LCRLJ 11, adopted effective September 15, 2000. Renumbered LCRLJ 3.2 and amended, effective September 2, 2014.]
Personal service of process shall be as provided by CRLJ 4(d)(2) and RCW 12.04.050. No officer or employee of any party or the assignor of any party shall serve the summons and complaint.
[Adopted effective January 1, 1991; amended effective July 1, 2000; September 2, 2014.]
[Adopted effective January 1, 1991; amended effective July 1, 2000; September 2, 2014.]
(g) Time for Discovery. The parties may agree, with the permission of the court, to discovery cut-off dates which modify the time for discovery within CRLJ 26(d). A notice, signed by all parties, of an agreed schedule shall be filed with the court, and shall become binding upon the parties upon approval by the court. Any party may propose a discovery schedule which modifies the time for discovery within CRLJ 26(d).
(1) Any party intending to propose a discovery schedule under this rule must serve the proposed discovery schedule on all parties, within 90 days of service of the summons and complaint, or counterclaim, or cross complaint, whichever is longer.
(2) Such discovery schedule shall be deemed approved by the court if no objection or counter proposal is served and filed within 14 days of the date of filing.
(3) If an objection or other proposed schedule is filed within 14 days of the filing of a proposed discovery schedule, the court shall note the case for a discovery conference and set discovery deadlines.
(4) No ex-parte fee will be charged.
[Adopted effective January 1, 1991; amended effective September 1, 1994; July 1, 2000; September 2, 2014.]
(1) Any party intending to propose a discovery schedule under this rule must serve the proposed discovery schedule on all parties, within 90 days of service of the summons and complaint, or counterclaim, or cross complaint, whichever is longer.
(2) Such discovery schedule shall be deemed approved by the court if no objection or counter proposal is served and filed within 14 days of the date of filing.
(3) If an objection or other proposed schedule is filed within 14 days of the filing of a proposed discovery schedule, the court shall note the case for a discovery conference and set discovery deadlines.
(4) No ex-parte fee will be charged.
[Adopted effective January 1, 1991; amended effective September 1, 1994; July 1, 2000; September 2, 2014.]
Superior Court Rule (CR) 35 is adopted in its entirety.
[Adopted effective September 2, 2014.]
[Adopted effective September 2, 2014.]
Demand. Either the Plaintiff or the Defendant may request a jury trial in a civil case which shall be made by filing a demand with the clerk, supplying a copy to the opposing party or counsel and paying the jury fee. If a party only notes the matter for trial and does not either request a jury trial or does not pay the jury fee, the other party may request a jury trial and pay the fee within 10 days of receiving the note for trial. Failure to comply with this rule shall waive the right to a jury trial.
[Adopted effective January 1, 1991; amended effective July 1, 2000; September 2, 2014.]
[Adopted effective January 1, 1991; amended effective July 1, 2000; September 2, 2014.]
(a)Certain document’s deemed admissible. ER 904 shall apply and documents listed there under will be deemed admissible, unless objection is made pursuant to ER 904 (c).
(b)In addition, the following documents will also be deemed admissible: a wage loss statement; the written statement of any witness including a written report of an expert witness, and including a statement of opinion which the witness would be allowed to express, if testifying in person, if the written statement is made by affidavit or by declaration under penalty of perjury.
When the court is determining whether a document is admissible under ER 904(a) (6), the court shall consider the factors listed in ER 904 and shall also consider the purpose of Courts of Limited Jurisdiction, noted in CRLJ 1, to secure the just speedy and inexpensive determination of every action.
When the court is determining whether a document is admissible under ER 904(a) (6), the court shall consider the factors listed in ER 904 and shall also consider the purpose of Courts of Limited Jurisdiction, noted in CRLJ 1, to secure the just speedy and inexpensive determination of every action.
Official Comment
The purpose of this rule is to supplement ER 904 and acknowledge the purpose of Courts of Limited Jurisdiction, as described in CRLJ 1.
[Adopted effective September 2, 2014; Amended effective September 1, 2017. Amended effective September 1, 2018.]
(b)In addition, the following documents will also be deemed admissible: a wage loss statement; the written statement of any witness including a written report of an expert witness, and including a statement of opinion which the witness would be allowed to express, if testifying in person, if the written statement is made by affidavit or by declaration under penalty of perjury.
When the court is determining whether a document is admissible under ER 904(a) (6), the court shall consider the factors listed in ER 904 and shall also consider the purpose of Courts of Limited Jurisdiction, noted in CRLJ 1, to secure the just speedy and inexpensive determination of every action.
When the court is determining whether a document is admissible under ER 904(a) (6), the court shall consider the factors listed in ER 904 and shall also consider the purpose of Courts of Limited Jurisdiction, noted in CRLJ 1, to secure the just speedy and inexpensive determination of every action.
Official Comment
The purpose of this rule is to supplement ER 904 and acknowledge the purpose of Courts of Limited Jurisdiction, as described in CRLJ 1.
[Adopted effective September 2, 2014; Amended effective September 1, 2017. Amended effective September 1, 2018.]
The following attorneys fee schedule, where authorized and instead of those statutory fees set by RCW 12.20.060, shall be deemed reasonable in all default cases unless the parties present evidence of circumstances that convince the court that a larger or smaller fee should be awarded, provided however, the court shall have authority to vary from this schedule on its own motion:
SCHEDULE FOR REASONABLE ATTORNEY FEES IN DEFAULT CASES
(Other than Statutory Attorney Fees)
From To Amount
$.01 $1,000 $250
$1,000.01 $1,500 $300
$1,500.01 $2,000 $350
$2,000.01 $2,500 $400
$2,500.01 $3,000 $450
$3,000.01 $4,000 $500
$4,000.01 $5,000 $550
$5,000.01 Set at court's discretion.
[Adopted effective January 1, 1991; amended effective January 1, 1991; May 5, 1992; September 1, 1993; July 1, 2000; September 2, 2014.]
(Other than Statutory Attorney Fees)
From To Amount
$.01 $1,000 $250
$1,000.01 $1,500 $300
$1,500.01 $2,000 $350
$2,000.01 $2,500 $400
$2,500.01 $3,000 $450
$3,000.01 $4,000 $500
$4,000.01 $5,000 $550
$5,000.01 Set at court's discretion.
[Adopted effective January 1, 1991; amended effective January 1, 1991; May 5, 1992; September 1, 1993; July 1, 2000; September 2, 2014.]
(g) Form of Submission. Any party seeking a default judgment shall submit at least the following to the court contemporaneously with the motion for default judgment, unless otherwise excused by the court for good cause, regardless of whether any of these required documents have been filed with the court prior to the motion.
(1) A copy of the original proof of service shall be attached to the motion for every default judgment.
(2) In assigned causes of action: every assignment instrument relating back to each original debt.
(3) In causes of action based upon all contracts: sworn testimony to prove performances may be required, together with filing of a copy of the contract, if written; filing or proving the items of account and any credits; and the final amount of the principal should be underlined and highlighted in yellow as should the interest amount; in addition:
(a) In causes of action based on a negotiable instrument: the original negotiable instrument or a certified copy of the original negotiable instrument with an attestation that the original has been destroyed or a facsimile of the original negotiable instrument or other proof as provided by a bank defined in RCW 62-A.4-105;
(b) In causes of action based on a retail sales contract chattel mortgage, or conditional sales contract: the contract. Where applicable, an automobile title or bill of sale must be filed;
(c) In causes of action based on open account: a written statement of account setting forth all charges and credits and the dates thereof on the principal and separately listing any statement of any interest or surcharges, and a statement of the nature of merchandise or services furnished;
(d) In causes of action based upon credit card debt: billing statements in the debtors name showing cumulative charges to the extent available, interest, interest rate, payments, credits and, if available, a statement of the nature of merchandise or services furnished;
(e) In causes of action for rent based on an oral lease: a statement of account similar to that required in actions on open account. If any claim is made for damages or repairs to premises, such claim must be itemized separately;
(f) In causes of action for rent based on a written lease: a copy of the lease and a statement of the account.
(4) In causes of action based in tort:
(a) Proof of liability shall be made by sworn statement of a witness with competent knowledge of the event (for automobile accident cases, see RCW 46.52.080 (police accident report not admissible);
(b) Otherwise, the proof required showing the amount of damages shall be the same as required above for proving contract balances except that the following additional proof of the amount of damage shall be required:
(i) Property damage may be proven by repair bills of estimates;
(ii) Loss of use claims, and pain and suffering shall be proved by sworn testimony;
(iii) Loss of wages may be proven by sworn declaration from the Employer or employer's agent; and
(iv) Hospital, doctor, and other medical expenses may be proved by written bills or statements, whether paid or not.
(h) Conformed Copies. If the default motion is by mail, the Plaintiff shall file a self-addressed, stamped envelope for the clerk to return a conformed copy of the default judgment to the plaintiff.
(i) Prejudgment Interest. In order for a judgment for prejudgment interest to be allowed, the following must be presented to the court:
(1) The date interest commenced, and the document that contains that date. The document with the date should have the date underlined and highlighted in yellow for the court;
(2) The date to which the interest is calculated.
(3) The amount of interest and the rate at which the interest is calculated, and the document that contains the rate of interest. The document with the rate of interest should have the rate of interest underlined and highlighted in yellow for the court; and
(4) The computation of the interest claimed due.
[Adopted effective January 1, 1991; amended effective July 1, 2000; September 1, 2006; September 1, 2007; September 2, 2014.]
(1) A copy of the original proof of service shall be attached to the motion for every default judgment.
(2) In assigned causes of action: every assignment instrument relating back to each original debt.
(3) In causes of action based upon all contracts: sworn testimony to prove performances may be required, together with filing of a copy of the contract, if written; filing or proving the items of account and any credits; and the final amount of the principal should be underlined and highlighted in yellow as should the interest amount; in addition:
(a) In causes of action based on a negotiable instrument: the original negotiable instrument or a certified copy of the original negotiable instrument with an attestation that the original has been destroyed or a facsimile of the original negotiable instrument or other proof as provided by a bank defined in RCW 62-A.4-105;
(b) In causes of action based on a retail sales contract chattel mortgage, or conditional sales contract: the contract. Where applicable, an automobile title or bill of sale must be filed;
(c) In causes of action based on open account: a written statement of account setting forth all charges and credits and the dates thereof on the principal and separately listing any statement of any interest or surcharges, and a statement of the nature of merchandise or services furnished;
(d) In causes of action based upon credit card debt: billing statements in the debtors name showing cumulative charges to the extent available, interest, interest rate, payments, credits and, if available, a statement of the nature of merchandise or services furnished;
(e) In causes of action for rent based on an oral lease: a statement of account similar to that required in actions on open account. If any claim is made for damages or repairs to premises, such claim must be itemized separately;
(f) In causes of action for rent based on a written lease: a copy of the lease and a statement of the account.
(4) In causes of action based in tort:
(a) Proof of liability shall be made by sworn statement of a witness with competent knowledge of the event (for automobile accident cases, see RCW 46.52.080 (police accident report not admissible);
(b) Otherwise, the proof required showing the amount of damages shall be the same as required above for proving contract balances except that the following additional proof of the amount of damage shall be required:
(i) Property damage may be proven by repair bills of estimates;
(ii) Loss of use claims, and pain and suffering shall be proved by sworn testimony;
(iii) Loss of wages may be proven by sworn declaration from the Employer or employer's agent; and
(iv) Hospital, doctor, and other medical expenses may be proved by written bills or statements, whether paid or not.
(h) Conformed Copies. If the default motion is by mail, the Plaintiff shall file a self-addressed, stamped envelope for the clerk to return a conformed copy of the default judgment to the plaintiff.
(i) Prejudgment Interest. In order for a judgment for prejudgment interest to be allowed, the following must be presented to the court:
(1) The date interest commenced, and the document that contains that date. The document with the date should have the date underlined and highlighted in yellow for the court;
(2) The date to which the interest is calculated.
(3) The amount of interest and the rate at which the interest is calculated, and the document that contains the rate of interest. The document with the rate of interest should have the rate of interest underlined and highlighted in yellow for the court; and
(4) The computation of the interest claimed due.
[Adopted effective January 1, 1991; amended effective July 1, 2000; September 1, 2006; September 1, 2007; September 2, 2014.]
(j) Providing a Copy of the Rule. A party moving for summary judgment shall, along with its motion for summary judgment, serve a copy of CRLJ 56 on all opposing parties who are not represented by counsel in the action.
[Adopted effective July 1, 2000. Amended effective September 2, 2014.]
[Adopted effective July 1, 2000. Amended effective September 2, 2014.]
LOCAL CRIMINAL RULES
(a) Style and Form. (See: CRLJ 5 and 10 and CrRLJs. 1.5 and 8.4)
(b) Filing with Court. (See: CrRLJ 8.4(c) and CRLJ 5)
(1) Action Documents. Pleadings or other papers requiring action on the part of the court (other than file stamping, docketing and placing in the court file) shall be considered action documents. Action documents shall include a special caption directly below the case number on the first page, stating: "Clerks Action Required: (here state the action requested)."
(2) Format Recommendations. It is recommended that all pleadings and other papers include or provide for the following:
(i) Service and Filing. Space should be provided at top of the first page of a document allowing on the right half for the clerk's filing stamp, and in the left half for proof of, or acknowledgment of, service.
ii) Numbered Paper. All pleadings, motions, affidavits, briefs, and other supporting documents prepared by attorneys/parties should be on paper with line numbering in the left hand margin.
(3) Handling by Clerk. All pleadings or other papers with proper caption and cause number will be date receipted, docketed and secured/placed in the court file by the Clerk of the District Court in the order received.
(b) Filing with Court. (See: CrRLJ 8.4(c) and CRLJ 5)
(1) Action Documents. Pleadings or other papers requiring action on the part of the court (other than file stamping, docketing and placing in the court file) shall be considered action documents. Action documents shall include a special caption directly below the case number on the first page, stating: "Clerks Action Required: (here state the action requested)."
(2) Format Recommendations. It is recommended that all pleadings and other papers include or provide for the following:
(i) Service and Filing. Space should be provided at top of the first page of a document allowing on the right half for the clerk's filing stamp, and in the left half for proof of, or acknowledgment of, service.
ii) Numbered Paper. All pleadings, motions, affidavits, briefs, and other supporting documents prepared by attorneys/parties should be on paper with line numbering in the left hand margin.
(3) Handling by Clerk. All pleadings or other papers with proper caption and cause number will be date receipted, docketed and secured/placed in the court file by the Clerk of the District Court in the order received.
Example LCrRLJ 1.5
SPACE FOR SERVICE PROOF/SPACE FOR COURT/FILING STAMP
IN THE KING COUNTY DISTRICT COURT
IN AND FOR THE STATE OF WASHINGTON
_______________Division
___________________ Facility
____________________)
PLAINTIFF) CAUSE NO. XXXXXXX
v. ) CLERK'S ACTION REQUIRED:
) SET THIS MOTION FOR HEARING
____________________)
DEFENDANT) MOTION CHALLENGING COMPLAINT SUFFICIENCY
The clerks will not search out action items. They will not search through letters, notices of appearance, requests for discovery, or other materials, to locate possible requests for action, such as: preservation of jury trial, or non-waiver of 60/90 day rule (this needs a request to set within the correct time, see CrRLJ 3.3), or concern with witnesses. CrRLJs impacted by this rule are:
CrRLJ 1.5 Style and Form
CrRLJ 3.3(e) Objection to Arraignment Date
CrRLJ 3.3(f) Setting of Trial Date ... Waiver of Objection
CrRLJ 4.3 Joinder of Offenses and Defendants
CrRLJ 4.3.1 Consolidation for Trial
CrRLJ 4.4 Severance of Offenses and Defendants
CrRLJ 4.7 Discovery (regulation of, not requests for)
CrRLJ 4.8 Subpoenas
[Adopted effective January 1, 1991; amended effective September 1, 2007; amended April 21, 2017.]
(1) Warrants Expiration Date. All warrants of arrest issued by King County District Court shall carry on their face a three (3) year expiration date. If not served during that time the warrant expires and the case file shall be closed subject to motion to re-open.
(2) Bench Warrants for Unpaid Fines. Bench warrants of arrest for failure to pay fines or make arrangements to perform alternate service, in lieu of payment of a fine, should issue only in the amount of the unpaid fine, or dollar equivalent of unperformed alternative service.
[Adopted effective January 1, 1991.]
(2) Bench Warrants for Unpaid Fines. Bench warrants of arrest for failure to pay fines or make arrangements to perform alternate service, in lieu of payment of a fine, should issue only in the amount of the unpaid fine, or dollar equivalent of unperformed alternative service.
[Adopted effective January 1, 1991.]
Prosecuting Attorneys may file electronic Superforms (“eSuperforms”) using the e-filing application by following the procedure established by GR 30 and LGR 30. The probable cause statement in the eSuperform must be authenticated by a law enforcement officer using a digital signature that complies with the requirements of RCW 19.34 or GR 30, or by the arresting or citing officer explicitly signing the statement and transmitting the eSuperform within any electronic booking or referral system, as permitted by GR 30 and LGR 30.
[Adopted on an emergency basis effective March 6, 2008; adopted on a permanent basis effective September 1, 2009; amended effective April 21, 2017]
[Adopted on an emergency basis effective March 6, 2008; adopted on a permanent basis effective September 1, 2009; amended effective April 21, 2017]
All initial requests and approval for expert services for county and state case expenditures are hereby delegated to the King County Office of Public Defense.
[Adopted on an emergency basis effective June 24, 2005; adopted permanently effective September 1, 2005.]
[Adopted on an emergency basis effective June 24, 2005; adopted permanently effective September 1, 2005.]
(1) Bail Forfeiture. No forfeiture of bail shall be allowed except in those matters designated by the King County District Court Uniform Bail Schedule as forfeitable offenses. Provided, that in extraordinary cases the court shall have discretion to permit forfeiture for offenses designated as nonforfeitable. In any such case the state or city involved shall be permitted an opportunity to resist such forfeiture if desired. The court may at any time for good cause shown order a mandatory hearing for violations designated in the King County District Court Uniform Bail Schedule as forfeitable offenses.
(a) IF A PERSON WHO IS ARRESTED AND HELD FOR A NEW OFFENSE OF DRIVING WHILE UNDER THE INFLUENCE, RCW 46.61.502, DRIVING UNDER THE AGE OF 21 AFTER CONSUMING ALCOHOL OR MARIJUANA, RCW 46.61.503, OR BEING IN PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE, RCW 46.61.504 OR AN EQUIVALENT LOCAL ORDINANCE OF ANY OF THESE OFFENSES, AND SUCH PERSON ARRESTED DOES NOT HAVE A PRIOR OFFENSE AS DEFINED IN RCW 46.61.5055 WITH TEN YEARS, THEN THIS PERSON ARRESTED MAY POST BAIL IN THE AMOUNT SCHEDULED BY COURT RULE UNLESS RELEASED WITHOUT POSTING BAIL, OR A DIFFERENT BAIL AMOUNT HAS BEEN SET BY A JUDGE AT THE TIME OF THE ARREST OR BOOKING.
(b) IF A PERSON WHO IS ARRESTED FOR A NEW OFFENSE OF DRIVING WHILE UNDER THE INFLUENCE, RCW 46.61.502, DRIVING UNDER THE AGE OF 21 AFTER CONSUMING ALCOHOL OR MARIJUANA, RCW 46.61.503, OR BEING IN PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE, RCW 46.61.504, OR AN EQUIVALENT LOCAL ORDINANCE OF ANY OF THESE OFFENSES, AND SUCH PERSON ARRESTED HAS A PRIOR OFFENSE AS DEFINED IN RCW 46.61.5055 WITHIN TEN YEARS, THEN THIS PERSON ARRESTED SHALL BE HELD WITHOUT RELEASE UNTIL HE OR SHE HAS APPEARED BEFORE A JUDGE, UNLESS RELEASE OR BAIL HAS BEEN SET BY A JUDGE.
(c) IF A PERSON IS ARRESTED FOR A NEW DOMESTIC VIOLENCE OFFENSE AS IS NOW OR HEREAFTER DEFINED BY THE REVISED CODE OF WASHINGTON THIS PERSON SHALL NOT BE RELEASED UNLESS BAIL IS SET BY A JUDGE AT THE TIME OF THE ARREST OR AT A SUBSEQUENT COURT APPEARANCE.
(2) Verification of Identity and Address. Bail, as set forth in, CrRLJ 3.2, or in any similar rule, shall only be available to defendants who have provided sufficient information to establish a positive and verifiable identity and home address. Absent such information, no bail may be accepted until established by court hearing.
[Formerly LCrRLJ 3.2(m), adopted effective January 1, 1991; amended effective January 1, 1991; September 1, 1993; July 1, 1996; September 1, 1999; July 1, 2000; September 1, 2001; renumbered as LCrRLJ 3.2(o) and amended on an emergency basis, effective October 24, 2014.]
(a) IF A PERSON WHO IS ARRESTED AND HELD FOR A NEW OFFENSE OF DRIVING WHILE UNDER THE INFLUENCE, RCW 46.61.502, DRIVING UNDER THE AGE OF 21 AFTER CONSUMING ALCOHOL OR MARIJUANA, RCW 46.61.503, OR BEING IN PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE, RCW 46.61.504 OR AN EQUIVALENT LOCAL ORDINANCE OF ANY OF THESE OFFENSES, AND SUCH PERSON ARRESTED DOES NOT HAVE A PRIOR OFFENSE AS DEFINED IN RCW 46.61.5055 WITH TEN YEARS, THEN THIS PERSON ARRESTED MAY POST BAIL IN THE AMOUNT SCHEDULED BY COURT RULE UNLESS RELEASED WITHOUT POSTING BAIL, OR A DIFFERENT BAIL AMOUNT HAS BEEN SET BY A JUDGE AT THE TIME OF THE ARREST OR BOOKING.
(b) IF A PERSON WHO IS ARRESTED FOR A NEW OFFENSE OF DRIVING WHILE UNDER THE INFLUENCE, RCW 46.61.502, DRIVING UNDER THE AGE OF 21 AFTER CONSUMING ALCOHOL OR MARIJUANA, RCW 46.61.503, OR BEING IN PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE, RCW 46.61.504, OR AN EQUIVALENT LOCAL ORDINANCE OF ANY OF THESE OFFENSES, AND SUCH PERSON ARRESTED HAS A PRIOR OFFENSE AS DEFINED IN RCW 46.61.5055 WITHIN TEN YEARS, THEN THIS PERSON ARRESTED SHALL BE HELD WITHOUT RELEASE UNTIL HE OR SHE HAS APPEARED BEFORE A JUDGE, UNLESS RELEASE OR BAIL HAS BEEN SET BY A JUDGE.
(c) IF A PERSON IS ARRESTED FOR A NEW DOMESTIC VIOLENCE OFFENSE AS IS NOW OR HEREAFTER DEFINED BY THE REVISED CODE OF WASHINGTON THIS PERSON SHALL NOT BE RELEASED UNLESS BAIL IS SET BY A JUDGE AT THE TIME OF THE ARREST OR AT A SUBSEQUENT COURT APPEARANCE.
(2) Verification of Identity and Address. Bail, as set forth in, CrRLJ 3.2, or in any similar rule, shall only be available to defendants who have provided sufficient information to establish a positive and verifiable identity and home address. Absent such information, no bail may be accepted until established by court hearing.
[Formerly LCrRLJ 3.2(m), adopted effective January 1, 1991; amended effective January 1, 1991; September 1, 1993; July 1, 1996; September 1, 1999; July 1, 2000; September 1, 2001; renumbered as LCrRLJ 3.2(o) and amended on an emergency basis, effective October 24, 2014.]
Unless otherwise duly noted for Motion (see CrRLJ 8.2 and CRLJ 6 and 7), all requests to continue pre-trial hearings, motions, trial dates and/or other final dispositions will require the agreement of both parties before such request will be submitted to a judge for approval. The court will not continue a trial date or other final disposition beyond the applicable time for trial under CrRLJ 3.3 without a signed speedy trial waiver.
Requests for continuance of dates set for review/revocation may be made by letter or written motion filed with the court and will be submitted to the judge off the record for approval without the advance agreement of the opposing party.
[Adopted effective September 1, 1996.]
[Adopted effective September 1, 1996.]
(2) All trial court proceedings, except testimonial motions and trials, may be conducted by video conference only by agreement of the parties, either in writing or on the record, and upon the approval of the judge. Such proceedings must be conducted pursuant to the “Standards for Video Conference Proceedings” contained in CrRLJ 3.4(d)(3). Except in unusual circumstances, it is the Court’s expectation that the attorney for the defendant be located next to the defendant.
[Adopted effective July 14, 2017.]
[Adopted effective July 14, 2017.]
Whenever a lawyer will be formally appearing and waiving an arraignment pursuant to CrRLJ 4.1(d), the lawyer may contact the court by telephone and obtain the pre-trial hearing date. The lawyer shall thereafter immediately cause to be filed the written appearance, waiver of arraignment and confirmation of the assigned pre-trial hearing date. No arraignment will be waived until receipt by the court of the written appearance and waiver.
[Adopted effective September 1, 1996.]
[Adopted effective September 1, 1996.]
(a) Unless otherwise ordered by the judge in a specific case for good cause, all cases in which a defendant enters a plea of not guilty shall be set for a pre-trial hearing.
(b)(1) The pre-trial hearing shall provide an opportunity for negotiation between the parties. The parties shall confer in good faith regarding any agreed disposition prior to trial. The defendant shall be required to attend the pre-trial hearing unless excused by the court. Failure to attend may result in the issuance of a bench warrant and/or forfeiture of any bond. In the event of a disposition, the parties shall execute the appropriate documents for the judge to consider the matter on the record.
(b)(2) In cases which will proceed to trial, the parties shall fully complete the pre-trial order form provided by the court unless the judge in a specific case waives the requirement of filing the written order. Any division may adopt a rule waiving the requirement of a written order in any case to be tried to the bench when the parties stipulate on the record that the matter is ready for trial and all pre-trial motions are waived. All pre-trial orders will be presented to and signed by the judge in open court on the record, unless otherwise ordered by the judge in a specific case.
(b)(3) In the written pre-trial order form, the parties shall identify with specificity all motions and counsel may be required to articulate on the record the basis for any motion. All rulings made at the pre-trial hearing or subsequent motions hearing(s) shall be binding on the parties and shall not be relitigated at trial. Any motions not filed at pre-trial may be deemed waived unless otherwise allowed by the court. Counsel shall file only those motions for which there is a good faith belief that the motion is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law.
(c) The court shall assign dates and give written notice to the parties for Motion hearings and Trial at the time of the Pre-trial Conference and shall, insofar as is reasonably possible, schedule those hearings in consultation with defense counsel. Other factors, such as witness availability, shall also be considered.
(d)(1) A Jury Call/Readiness hearing will be scheduled in all cases proceeding to jury unless specifically waived by the judge in a particular case for good cause shown. This calendar will be held during the week prior to the first day of the jury term. The defendant shall be required to attend this hearing unless excused by the court. Failure to attend may result in the issuance of a bench warrant and/or forfeiture of bond.
(d)(2) A request for a jury trial date constitutes an assurance that the parties will be ready to begin jury selection immediately on the morning of trial.
[Adopted effective September 1, 1996.]
(b)(1) The pre-trial hearing shall provide an opportunity for negotiation between the parties. The parties shall confer in good faith regarding any agreed disposition prior to trial. The defendant shall be required to attend the pre-trial hearing unless excused by the court. Failure to attend may result in the issuance of a bench warrant and/or forfeiture of any bond. In the event of a disposition, the parties shall execute the appropriate documents for the judge to consider the matter on the record.
(b)(2) In cases which will proceed to trial, the parties shall fully complete the pre-trial order form provided by the court unless the judge in a specific case waives the requirement of filing the written order. Any division may adopt a rule waiving the requirement of a written order in any case to be tried to the bench when the parties stipulate on the record that the matter is ready for trial and all pre-trial motions are waived. All pre-trial orders will be presented to and signed by the judge in open court on the record, unless otherwise ordered by the judge in a specific case.
(b)(3) In the written pre-trial order form, the parties shall identify with specificity all motions and counsel may be required to articulate on the record the basis for any motion. All rulings made at the pre-trial hearing or subsequent motions hearing(s) shall be binding on the parties and shall not be relitigated at trial. Any motions not filed at pre-trial may be deemed waived unless otherwise allowed by the court. Counsel shall file only those motions for which there is a good faith belief that the motion is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law.
(c) The court shall assign dates and give written notice to the parties for Motion hearings and Trial at the time of the Pre-trial Conference and shall, insofar as is reasonably possible, schedule those hearings in consultation with defense counsel. Other factors, such as witness availability, shall also be considered.
(d)(1) A Jury Call/Readiness hearing will be scheduled in all cases proceeding to jury unless specifically waived by the judge in a particular case for good cause shown. This calendar will be held during the week prior to the first day of the jury term. The defendant shall be required to attend this hearing unless excused by the court. Failure to attend may result in the issuance of a bench warrant and/or forfeiture of bond.
(d)(2) A request for a jury trial date constitutes an assurance that the parties will be ready to begin jury selection immediately on the morning of trial.
[Adopted effective September 1, 1996.]
[Repealed effective July 14, 2017.]
All criminal and criminal traffic actions shall be filed in the division where the violation is alleged to have occurred, except as may otherwise by ordered pursuant to LARLJ 0.19 Alternate Filing.
[Adopted effective January 1, 1991; amended effective September 1, 1993.]
[Adopted effective January 1, 1991; amended effective September 1, 1993.]
The following courthouses: Bellevue, Issaquah, Redmond and Shoreline will each select a different week during each month for jury trials, except in jury weeks containing a court holiday jury weeks may overlap.
[Adopted effective September 1, 1996; amended effective June 26, 2004.]
[Adopted effective September 1, 1996; amended effective June 26, 2004.]
In a criminal case every exhibit in the courts custody, which is not contraband and for which ownership is not in dispute, shall be returned to the party who produced that exhibit upon motion of that party and expiration of the appeal period. In the event of a finding of guilty, for purpose of this rule, the appeal period shall begin on the day of sentencing or deferral of sentence by the court. Exhibits not withdrawn shall be delivered by the court to the applicable law enforcement agency for disposition as abandoned property; or if contraband, for destruction. No exhibit shall be released by the court without its being receipted for by the receiving person.
[Adopted effective January 1, 1991.]
[Adopted effective January 1, 1991.]
(1) Statement of Fine. Unless otherwise stated at the time of sentencing, all assessable court costs including witness fees, filing fees and service of process shall be in addition to the stated sentence. Any statutory penalty assessment shall be in addition to the stated fine.
(2) Deferred Prosecution. If it comes to the attention of a sentencing judge on any mandatory-court-appearance offense that the defendant being sentenced is on a deferred prosecution program, the sentencing judge shall cause notice of the offense and sentence to be sent to the judge supervising the deferred prosecution.
[Adopted effective January 1, 1991; amended effective September 1, 1993.]
(2) Deferred Prosecution. If it comes to the attention of a sentencing judge on any mandatory-court-appearance offense that the defendant being sentenced is on a deferred prosecution program, the sentencing judge shall cause notice of the offense and sentence to be sent to the judge supervising the deferred prosecution.
[Adopted effective January 1, 1991; amended effective September 1, 1993.]
Upon the non-appearance of a defendant at the time and place scheduled by the court and a warrant of arrest issued, the defendant's bail or bond may be ordered forfeited with or without further proceedings upon motion of the prosecuting attorney or upon the court's own motion. If the necessary witnesses does not appear at the time scheduled by the court, the court may dismiss such action unless a good cause for such non-appearance is shown. No such action shall be taken until sixty (60) minutes after the scheduled appearance time.
[Adopted effective January 1, 1991.]
[Adopted effective January 1, 1991.]
(1) Motion for Deferred Prosecution. Defendants requesting a Title 46 deferred Prosecution for an alcohol or drug related offense, shall submit a (1) Petition For Deferred Prosecution, (2) a Statement of Defendant's Rights at Deferred Prosecution Hearing, and (3) Findings of Fact, Conclusion of Law and Order Granting Deferred Prosecution in the form approved by the Court. A copy of the documents required by this rule will be made available upon request. Such documents may be submitted in the original form provided by the Court or may be reprinted and submitted in substantially the same form. All substantive revisions to these forms must be made known to the Court at each hearing where a request for Deferred Prosecution is made.
(2) Motion of Countywide Significance. Upon the filing of a motion in a criminal case, any party may request that such motion be designated as an “issue of countywide significance”. A judge in any division of the Court may, on his/her own motion or upon receiving such a request from a party, request of the Presiding Judge that such motion be designated as an “issue of countywide significance”. Upon receiving such request from a judge, the Presiding Judge may designate such motion as an “issue of county-wide significance”.
Upon designation of a motion as an “issue of countywide significance”, the Presiding Judge shall assign three judges to act as a panel to hear the motion. The panel of judges shall hear testimony and argument and enter Findings of Fact and Conclusions of Law and Decision (“Ruling”) on the motion. Judges of the Court shall then have the following options: (1) accept such Ruling in its entirety; (2) not accept such Ruling and schedule a hearing before such judge for the presentation of testimony and argument; or (3) accept the Findings of Fact and Conclusions of Law, in whole or in part, and make a separate Decision thereon. The record made before such panel shall be taken before a court reporter and a transcript shall be made available to any judge of the Court upon his or her request. Copies of the transcript shall be made available through the court reporter to any person upon payment of the costs of transcription.
[Adopted effective January 1, 2000; amended effective September 1, 2001.]
(2) Motion of Countywide Significance. Upon the filing of a motion in a criminal case, any party may request that such motion be designated as an “issue of countywide significance”. A judge in any division of the Court may, on his/her own motion or upon receiving such a request from a party, request of the Presiding Judge that such motion be designated as an “issue of countywide significance”. Upon receiving such request from a judge, the Presiding Judge may designate such motion as an “issue of county-wide significance”.
Upon designation of a motion as an “issue of countywide significance”, the Presiding Judge shall assign three judges to act as a panel to hear the motion. The panel of judges shall hear testimony and argument and enter Findings of Fact and Conclusions of Law and Decision (“Ruling”) on the motion. Judges of the Court shall then have the following options: (1) accept such Ruling in its entirety; (2) not accept such Ruling and schedule a hearing before such judge for the presentation of testimony and argument; or (3) accept the Findings of Fact and Conclusions of Law, in whole or in part, and make a separate Decision thereon. The record made before such panel shall be taken before a court reporter and a transcript shall be made available to any judge of the Court upon his or her request. Copies of the transcript shall be made available through the court reporter to any person upon payment of the costs of transcription.
[Adopted effective January 1, 2000; amended effective September 1, 2001.]
a) At any time prior to trial, the parties may move for entry of a Stipulated Order of Continuance (hereinafter “SOC”).
b) Unless waived by the Court upon motion of the parties, each and every SOC shall be signed by the defendant, his or her attorney of record, and the prosecuting attorney.
c) At a minimum each SOC form shall include the following:
(1) A clear statement that the defendant, by entering into a SOC, agrees to the facts in the police report and/or other documents in the event that the conditions of the SOC are not met.
(2) A clear statement that the police report currently contained in the court file or attached to the SOC as an exhibit, or other specified documents, shall be deemed admissible at trial.
(3) A clear statement that the police report and/or other documents shall be submitted to the court and may be marked as exhibits, but will not be admitted into evidence unless the case proceeds to trial.
(4) A clear statement that the parties agree that in the event that the conditions of the SOC are not met, the evidence at trial shall be limited to the police report currently contained in the court file or attached to the SOC as an exhibit and/or other specified documents submitted to the court at the time that the SOC is approved.
(5) A clear statement that all parties, by entering into a SOC, waive their constitutional right to a jury trial, their right to hear and question witness, their right to call witnesses, and the defendant's right to testify or not to testify.
(6) A clear statement of the period of continuance, which shall be no more than 2 years.
(7) A clear statement that the defendant, by entering into a SOC, is waiving his right to a speedy trial for the duration of the SOC, and that the new commencement date for speedy trial purposes is the last day of the period of continuance.
(8) A clear statement of each and every condition of the SOC, each condition being set forth in a separate paragraph.
(9) A clear statement of the outcome of the case if all conditions of the SOC are met.
(10) A clear statement acknowledging the requirement that the defendant will report to and be supervised by [ ] KCDC probation services or [ ] Bellevue probation services or [ ] probation monitoring, and will pay probation fees accordingly, provided that if this condition is specifically waived there must be a clear statement of that fact and the reasons therefore.
(11) A clear statement that the defendant fully understands that in case of non-compliance, a warrant for his or her arrest may issue, and that the likely result of non-compliance will be a conviction for the crime charged and imposition of up to the maximum penalties allowed by law.
(12) A clear statement of the elements of the offense(s) that must be proven in order to convict the defendant.
(13) A clear statement of the maximum penalties allowed by law, any mandatory minimum penalties and/or any other applicable restrictions/requirements under the law.
(14) A clear statement that advising the defendant that if he or she is not a citizen of the United States, any finding of guilt to any offense punishable as a crime under state law is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.
(15) A clear statement that the defendant agrees that his or her decision to enter the SOC is made freely, knowingly, intelligently and voluntarily; that no one has threatened harm of any kind to the defendant or to any other person to case the defendant to enter into the SOC, and that no one has made any promises of any kind, except those contained in the SOC agreement, to cause the defendant to enter into the SOC.
(16) A clear statement that the defendant has done one or more of the following: (a) read the SOC in its entirety and/or (b) has had the SOC read to him or her in its entirety by someone else (if that person is an interpreter the interpreter shall submit the appropriate declaration with the SOC).
(17) No SOC shall be effective until approved by the Court.
[Adopted effective January 1, 2000; amended effective September 1, 2001; September 1, 2008.]
b) Unless waived by the Court upon motion of the parties, each and every SOC shall be signed by the defendant, his or her attorney of record, and the prosecuting attorney.
c) At a minimum each SOC form shall include the following:
(1) A clear statement that the defendant, by entering into a SOC, agrees to the facts in the police report and/or other documents in the event that the conditions of the SOC are not met.
(2) A clear statement that the police report currently contained in the court file or attached to the SOC as an exhibit, or other specified documents, shall be deemed admissible at trial.
(3) A clear statement that the police report and/or other documents shall be submitted to the court and may be marked as exhibits, but will not be admitted into evidence unless the case proceeds to trial.
(4) A clear statement that the parties agree that in the event that the conditions of the SOC are not met, the evidence at trial shall be limited to the police report currently contained in the court file or attached to the SOC as an exhibit and/or other specified documents submitted to the court at the time that the SOC is approved.
(5) A clear statement that all parties, by entering into a SOC, waive their constitutional right to a jury trial, their right to hear and question witness, their right to call witnesses, and the defendant's right to testify or not to testify.
(6) A clear statement of the period of continuance, which shall be no more than 2 years.
(7) A clear statement that the defendant, by entering into a SOC, is waiving his right to a speedy trial for the duration of the SOC, and that the new commencement date for speedy trial purposes is the last day of the period of continuance.
(8) A clear statement of each and every condition of the SOC, each condition being set forth in a separate paragraph.
(9) A clear statement of the outcome of the case if all conditions of the SOC are met.
(10) A clear statement acknowledging the requirement that the defendant will report to and be supervised by [ ] KCDC probation services or [ ] Bellevue probation services or [ ] probation monitoring, and will pay probation fees accordingly, provided that if this condition is specifically waived there must be a clear statement of that fact and the reasons therefore.
(11) A clear statement that the defendant fully understands that in case of non-compliance, a warrant for his or her arrest may issue, and that the likely result of non-compliance will be a conviction for the crime charged and imposition of up to the maximum penalties allowed by law.
(12) A clear statement of the elements of the offense(s) that must be proven in order to convict the defendant.
(13) A clear statement of the maximum penalties allowed by law, any mandatory minimum penalties and/or any other applicable restrictions/requirements under the law.
(14) A clear statement that advising the defendant that if he or she is not a citizen of the United States, any finding of guilt to any offense punishable as a crime under state law is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.
(15) A clear statement that the defendant agrees that his or her decision to enter the SOC is made freely, knowingly, intelligently and voluntarily; that no one has threatened harm of any kind to the defendant or to any other person to case the defendant to enter into the SOC, and that no one has made any promises of any kind, except those contained in the SOC agreement, to cause the defendant to enter into the SOC.
(16) A clear statement that the defendant has done one or more of the following: (a) read the SOC in its entirety and/or (b) has had the SOC read to him or her in its entirety by someone else (if that person is an interpreter the interpreter shall submit the appropriate declaration with the SOC).
(17) No SOC shall be effective until approved by the Court.
[Adopted effective January 1, 2000; amended effective September 1, 2001; September 1, 2008.]
LOCAL GENERAL RULES
(a) Definitions
(2) “Electronic Filing” or “e-filing” is the electronic transmission of information to a court or clerk for case processing
(b) Electronic filing authorization, exception, service, and technology equipment.
(4)
(A) Mandatory Electronic Filing. Attorneys shall electronically file all documents, including emergency pleadings, identified in the e-filing Implementation Schedule posted on the court website, using the e-filing application unless this rule provides otherwise. Non-attorneys, or pro se parties are not required to e-file, but may do so.
(i) Documents That Shall Not Be e-filed. The following documents must be filed in paper form rather than e-filed:
(a) Documents submitted for in camera review, or documents supporting motions to seal, including documents submitted pursuant to GR 15;
(b) Application for court issued Writs of Garnishment;
(c) Applications for Writs of Attachment or Writs of Execution and original supporting documents;
(d) Bonds in civil cases;
(e) Documents incapable of legible conversion to an electronic format by scanning, imaging, or any other means;
(f) Documents from governments or other courts under official seal, except that a copy may be e-filed as an exhibit to another document, such as a pleading, by leave of the court;
(g) Documents larger than permitted in the User Agreement;
(h) New cases of fee-based documents filed with an Order in Forma Pauperis:
(ii) Documents That May Be e-filed. The following documents may be e-filed:
(a) Documents associated with a scheduled court hearing or scheduled trial presented for filing during the course of the hearing or trial;
(b) Applications for emergency warrants;
(c) Answers to Writs of Garnishment, or
(d) Appeals.
If filed electronically, the filing party must retain the original document during the pendency of any appeal and until at least sixty (60) days after completion of the instant case, and shall present the original document to the court if requested to do so. This does not include documents that are or will be submitted as an exhibit in a hearing or trial.
(iii) Working Copies. Judges working copies for e-filed documents are not required, except that paper working copies of e-filed documents of 50 pages or more shall be delivered to the judge,
(iv) Waiver of the Requirement to e-file for attorneys.
(a) If an attorney is unable to e-file documents, the attorney may request a waiver from the court. The attorney must make a showing of good cause and explain why paper document(s) must be filed in that particular case. The court will make waiver request forms available on the court website. The court will consider each application and provide a written approval or denial to the attorney. Attorneys who receive a waiver shall file a copy of the waiver in each case in which they file documents. Attorneys who receive a waiver shall place the words “Exempt from e-filing per waiver filed on (date)” in the caption of all paper documents filed for the duration of the waiver.
(b) Upon a showing of good cause the court may waive the requirement as to a specific document or documents on a case by case basis.
(v) Non-Compliance with this Rule. If an attorney files a document in paper form and does not have an approved waiver from e-filing, the court may assess a fee against the attorney pursuant KCC 4A.634.100 B. for each paper document filed.
(5) Electronically filed court records have the same force and effect and are subject to the same right of public access as are documents that are not e-filed.
(6) If a party serves another party electronically or via email, that party must likewise accept service from the other parties electronically or via email.
(c) Time of Filing, Confirmation, and Rejection.
(1)
(A) A party whose filing is untimely as the result of a technical failure of the court’s e-filing application may seek appropriate relief from the court. The court shall consider its e-filing application to be subject to a technical failure if the site is unable to accept filings, either continuously or intermittently, for more than one hour after 10:00 a.m. on any court day. Known systems outages will be posted on the court website. Users are responsible for monitoring the court website to be aware of regularly scheduled down time for maintenance.
(B) Problems on the filer’s end (such as phone line problems, problems with the filer’s Internet Service Provider, or hardware or software problems) will not constitute a technical failure under this rule, nor excuse an untimely filing. A filer who cannot file a document electronically because of a problem on the filer’s end should explore other e-filing options. The filer’s login and password will work on any computer that has internet access, e.g., at the library, home computer, or in commercial business service centers.
(C) Filing a document electronically does not alter filing deadlines.
(2) (A) In the absence of the court’s confirmation of receipt and filing, there is no presumption that the court received and filed the document. The filer is responsible for verifying that the court received and filed any document that was submitted to the court electronically using the court’s e-filing application.
(d) Authentication of Electronic Documents.
(1) (C) (i) Filers agree to protect the security of their passwords and immediately notify the court if they learn that their password has been compromised. Filers may be subject to sanctions for failure to comply with this provision.
(3) An electronic document filed in accordance with this rule shall bind the signer and function as the signer’s signature for any purpose, including CRLJ 11.
(A) When a document has been filed electronically, the official record is the electronic record of the document as stored by the court, and the filing party is bound by the document as filed.
[Adopted April 21, 2017]
(2) “Electronic Filing” or “e-filing” is the electronic transmission of information to a court or clerk for case processing
(b) Electronic filing authorization, exception, service, and technology equipment.
(4)
(A) Mandatory Electronic Filing. Attorneys shall electronically file all documents, including emergency pleadings, identified in the e-filing Implementation Schedule posted on the court website, using the e-filing application unless this rule provides otherwise. Non-attorneys, or pro se parties are not required to e-file, but may do so.
(i) Documents That Shall Not Be e-filed. The following documents must be filed in paper form rather than e-filed:
(a) Documents submitted for in camera review, or documents supporting motions to seal, including documents submitted pursuant to GR 15;
(b) Application for court issued Writs of Garnishment;
(c) Applications for Writs of Attachment or Writs of Execution and original supporting documents;
(d) Bonds in civil cases;
(e) Documents incapable of legible conversion to an electronic format by scanning, imaging, or any other means;
(f) Documents from governments or other courts under official seal, except that a copy may be e-filed as an exhibit to another document, such as a pleading, by leave of the court;
(g) Documents larger than permitted in the User Agreement;
(h) New cases of fee-based documents filed with an Order in Forma Pauperis:
(ii) Documents That May Be e-filed. The following documents may be e-filed:
(a) Documents associated with a scheduled court hearing or scheduled trial presented for filing during the course of the hearing or trial;
(b) Applications for emergency warrants;
(c) Answers to Writs of Garnishment, or
(d) Appeals.
If filed electronically, the filing party must retain the original document during the pendency of any appeal and until at least sixty (60) days after completion of the instant case, and shall present the original document to the court if requested to do so. This does not include documents that are or will be submitted as an exhibit in a hearing or trial.
(iii) Working Copies. Judges working copies for e-filed documents are not required, except that paper working copies of e-filed documents of 50 pages or more shall be delivered to the judge,
(iv) Waiver of the Requirement to e-file for attorneys.
(a) If an attorney is unable to e-file documents, the attorney may request a waiver from the court. The attorney must make a showing of good cause and explain why paper document(s) must be filed in that particular case. The court will make waiver request forms available on the court website. The court will consider each application and provide a written approval or denial to the attorney. Attorneys who receive a waiver shall file a copy of the waiver in each case in which they file documents. Attorneys who receive a waiver shall place the words “Exempt from e-filing per waiver filed on (date)” in the caption of all paper documents filed for the duration of the waiver.
(b) Upon a showing of good cause the court may waive the requirement as to a specific document or documents on a case by case basis.
(v) Non-Compliance with this Rule. If an attorney files a document in paper form and does not have an approved waiver from e-filing, the court may assess a fee against the attorney pursuant KCC 4A.634.100 B. for each paper document filed.
(5) Electronically filed court records have the same force and effect and are subject to the same right of public access as are documents that are not e-filed.
(6) If a party serves another party electronically or via email, that party must likewise accept service from the other parties electronically or via email.
(c) Time of Filing, Confirmation, and Rejection.
(1)
(A) A party whose filing is untimely as the result of a technical failure of the court’s e-filing application may seek appropriate relief from the court. The court shall consider its e-filing application to be subject to a technical failure if the site is unable to accept filings, either continuously or intermittently, for more than one hour after 10:00 a.m. on any court day. Known systems outages will be posted on the court website. Users are responsible for monitoring the court website to be aware of regularly scheduled down time for maintenance.
(B) Problems on the filer’s end (such as phone line problems, problems with the filer’s Internet Service Provider, or hardware or software problems) will not constitute a technical failure under this rule, nor excuse an untimely filing. A filer who cannot file a document electronically because of a problem on the filer’s end should explore other e-filing options. The filer’s login and password will work on any computer that has internet access, e.g., at the library, home computer, or in commercial business service centers.
(C) Filing a document electronically does not alter filing deadlines.
(2) (A) In the absence of the court’s confirmation of receipt and filing, there is no presumption that the court received and filed the document. The filer is responsible for verifying that the court received and filed any document that was submitted to the court electronically using the court’s e-filing application.
(d) Authentication of Electronic Documents.
(1) (C) (i) Filers agree to protect the security of their passwords and immediately notify the court if they learn that their password has been compromised. Filers may be subject to sanctions for failure to comply with this provision.
(3) An electronic document filed in accordance with this rule shall bind the signer and function as the signer’s signature for any purpose, including CRLJ 11.
(A) When a document has been filed electronically, the official record is the electronic record of the document as stored by the court, and the filing party is bound by the document as filed.
[Adopted April 21, 2017]
LOCAL INFRACTION RULES
Infraction citations shall be filed in the division where the violation is alleged to have occurred, except as may otherwise be ordered pursuant to LARLJ 0.18 Alternate Filing.
[Adopted effective January 1, 1991; amended effective September 1, 1993; amended on an emergency basis effective July 22, 2011; June 29, 2012; amended on a permanent basis effective September 1, 2012.]
[Adopted effective January 1, 1991; amended effective September 1, 1993; amended on an emergency basis effective July 22, 2011; June 29, 2012; amended on a permanent basis effective September 1, 2012.]
Any person who has been served with a notice of infraction and who desires to use option (1) as provided in IRLJ 2.4(b)(1), may arrange time payments on the monetary penalty according to the policy then in force in the division in which the infraction is filed.
[Adopted effective January 1, 1991; amended effective September 1, 1993.]
[Adopted effective January 1, 1991; amended effective September 1, 1993.]
Upon receipt of a request for the subpoena of a citing officer, or upon receipt of a subpoena for a citing officer, the court may reschedule the associated contested hearing to the next appropriate date scheduled for the appearance of citing officers.
[Original LIRLJ 2.6 was repealed effective June 26, 2004. Current LIRLJ 2.6 was adopted on an emergency basis effective June 24, 2005, and adopted permanently effective September 1, 2005.]
[Original LIRLJ 2.6 was repealed effective June 26, 2004. Current LIRLJ 2.6 was adopted on an emergency basis effective June 24, 2005, and adopted permanently effective September 1, 2005.]
(i) A defendant who requests a contested hearing may first be scheduled for a prehearing conference, which shall be scheduled for not less than 14 days from the date the written notice of the hearing is sent by the court nor more than 45 days from the date of the notice of infraction or the date a default judgment is set aside, unless otherwise agreed by the defendant in writing.
(ii) The prehearing conference may be waived by the defendant in writing if the waiver is received by the court before the time set for the prehearing conference. If the prehearing conference is waived, the case will be set for contested hearing. The contested hearing shall be scheduled for not more than 90 days from the date of the prehearing conference or, if the prehearing conference is waived, from the date of the waiver of the prehearing conference is received by the court.
(iii) Pre-hearing and Witnesses. The Court may schedule a prehearing for infractions if it deems it necessary for the convenience of parties and witnesses. If a party requests a witness the Court may reschedule the contested hearing to another date.
[Adopted on an emergency basis effective June 24, 2005; adopted on a permanent basis effective September 1, 2005. Amended on an emergency basis effective July 28, 2014; October 24, 2014.]
(ii) The prehearing conference may be waived by the defendant in writing if the waiver is received by the court before the time set for the prehearing conference. If the prehearing conference is waived, the case will be set for contested hearing. The contested hearing shall be scheduled for not more than 90 days from the date of the prehearing conference or, if the prehearing conference is waived, from the date of the waiver of the prehearing conference is received by the court.
(iii) Pre-hearing and Witnesses. The Court may schedule a prehearing for infractions if it deems it necessary for the convenience of parties and witnesses. If a party requests a witness the Court may reschedule the contested hearing to another date.
[Adopted on an emergency basis effective June 24, 2005; adopted on a permanent basis effective September 1, 2005. Amended on an emergency basis effective July 28, 2014; October 24, 2014.]
(E) Mitigation and contested hearings based on sworn written statements, as provided in IRLJ 2.4(b)(4) and IRLJ 2.6 are authorized. The Court may accept electronically submitted statements or requests for deferred findings through a link provided at its website. The written statement(s) or electronically transmitted statement(s) or requests must be received by the Court no later than seven (7) calendar days before the scheduled hearing or it will not be considered. The hearing shall be held in accordance with IRLJ 3.5. A form for the defendant’s statement(s) and the link for electronically transmitted statement(s) or requests can be found at https://www.kingcounty.gov/courts/district-court.aspx.
[Adopted effective September 1, 2001. Amended on an emergency basis effective July 28, 2014; October 24, 2014.]
[Adopted effective September 1, 2001. Amended on an emergency basis effective July 28, 2014; October 24, 2014.]
(a) Style and Form. (See GR 14)
(b) Filing with Court.
(1) Action Documents. Pleadings or other papers requiring action on the part of the clerk/court (other than file stamping, docketing and placing in the court file) shall be considered action documents. Action documents shall include a special caption directly below the case number on the first page, stating:
“Clerk's Action Required: (herein state the specific action requested).” Clerks will not search through letters, notices of appearance, requests for discovery or other materials to locate possible requests for action.
[Adopted effective June 26, 2004.]
(b) Filing with Court.
(1) Action Documents. Pleadings or other papers requiring action on the part of the clerk/court (other than file stamping, docketing and placing in the court file) shall be considered action documents. Action documents shall include a special caption directly below the case number on the first page, stating:
“Clerk's Action Required: (herein state the specific action requested).” Clerks will not search through letters, notices of appearance, requests for discovery or other materials to locate possible requests for action.
[Adopted effective June 26, 2004.]
(a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. Such mistakes may be so corrected before review is accepted by the superior court and thereafter may be corrected by order of the superior court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party from a final judgment, order, or proceeding for the following reasons:
(1) Mistakes, inadvertence, surprise, excusable neglect or irregularity in obtaining a judgment or order;
(2) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under the provisions of CrRLJ 7.5;
(3) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(4) The judgment is void; or
(5) Any other reason justifying relief from the operation of the judgment.
(c) The motion shall be made within a reasonable time and for reasons (1) and (2) not more than 1 year after the judgment, order, or proceeding was entered or taken. A motion under this section does not affect the finality of the judgment or suspend its operation.
(d) Procedure on Vacation of Judgment.
(1) Motion. Application shall be made by motion stating the grounds upon which relief is asked, and supported by affidavit or declaration of the applicant or applicant's attorney, setting forth a concise statement of the facts or errors upon which the motion is based.
(2) Consideration of Motion.
(i) The court may decide the motion without hearing based on section (b) (1) if the motion, affidavit or declaration, and court's records establish the moving party is entitled to the requested relief.
(ii) If a contested hearing on the merits was previously held, and the moving party is seeking to modify the finding, a show cause hearing with notice to the adverse party shall be scheduled.
(iii) The court may deny the motion without a hearing if the facts alleged in the affidavit or declaration do not establish grounds for relief.
(iv) The court may enter an order fixing a time and place for hearing and directing the adverse party to appear and show cause why the relief asked for should not be granted.
(3) Interim Relief. The court may enter an order recalling any notice to the Department of Licensing regarding the party's failure to appear or failure to respond to an infraction or referral to collections pending the outcome on the motion.
(4) Service. No later than 14 days before the scheduled show cause hearing, the moving party shall serve a copy of the motion, affidavit or declaration, and order to show cause upon the other party or the party's attorney, as provided in CrRLJ 8.4(b), and file proof of service with the court.
[Adopted effective Jan. 22, 2010.]
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party from a final judgment, order, or proceeding for the following reasons:
(1) Mistakes, inadvertence, surprise, excusable neglect or irregularity in obtaining a judgment or order;
(2) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under the provisions of CrRLJ 7.5;
(3) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(4) The judgment is void; or
(5) Any other reason justifying relief from the operation of the judgment.
(c) The motion shall be made within a reasonable time and for reasons (1) and (2) not more than 1 year after the judgment, order, or proceeding was entered or taken. A motion under this section does not affect the finality of the judgment or suspend its operation.
(d) Procedure on Vacation of Judgment.
(1) Motion. Application shall be made by motion stating the grounds upon which relief is asked, and supported by affidavit or declaration of the applicant or applicant's attorney, setting forth a concise statement of the facts or errors upon which the motion is based.
(2) Consideration of Motion.
(i) The court may decide the motion without hearing based on section (b) (1) if the motion, affidavit or declaration, and court's records establish the moving party is entitled to the requested relief.
(ii) If a contested hearing on the merits was previously held, and the moving party is seeking to modify the finding, a show cause hearing with notice to the adverse party shall be scheduled.
(iii) The court may deny the motion without a hearing if the facts alleged in the affidavit or declaration do not establish grounds for relief.
(iv) The court may enter an order fixing a time and place for hearing and directing the adverse party to appear and show cause why the relief asked for should not be granted.
(3) Interim Relief. The court may enter an order recalling any notice to the Department of Licensing regarding the party's failure to appear or failure to respond to an infraction or referral to collections pending the outcome on the motion.
(4) Service. No later than 14 days before the scheduled show cause hearing, the moving party shall serve a copy of the motion, affidavit or declaration, and order to show cause upon the other party or the party's attorney, as provided in CrRLJ 8.4(b), and file proof of service with the court.
[Adopted effective Jan. 22, 2010.]
LOCAL JUDICIAL INFORMATION SYSTEM RULES
The Court shall establish the retention periods for all computerized records consistent with state law and not less than the time periods established by the Administrator for the Courts.
[Adopted as an emergency and permanent rule, effective October 20, 2017.]
[Adopted as an emergency and permanent rule, effective October 20, 2017.]
It is the policy of the Court to facilitate public access to court records, provided such disclosures in no way present an unreasonable invasion of personal privacy and will not be unduly burdensome to the ongoing business of the courts.
Due to the confidential nature of some court information, authority over the dissemination of such information shall be exercised by the Court. This rule establishes the minimum criteria to be met by each information request before allowing dissemination.
(a) Application. This rule applies to all requests for computer-based court information submitted by an individual, as well as public and private associations and agencies.
(b) Excluded Information. Records sealed, exempted, or otherwise restricted by law or court rule may not be released except by court order.
(c) Data Dissemination Policies and Procedures. The Court shall promulgate policies and procedures for handling applications for computer-based information.
(d) Information for Release of Data. Information which must be supplied by the requestor and upon which evaluation will be made includes:
(1) Identifying information concerning the applicant;
(2) Statement of the intended use and distribution;
(3) Type of information needed.
(e) Criteria To Determine Release of Data. The criteria against which the applications are evaluated are as follows:
(1) Availability of data;
(2) Specificity of the request;
(3) Potential for infringement of personal privacy created by release of the information requested;
(4) Potential disruption to the internal, ongoing business of the courts.
(f) Costs. The requestor shall pay the costs adopted by the Court for providing the requested information in accordance with section (c).
(g) Appeal. If a request is denied, the requestor may appeal the decision as provided in subsection (c)
[Adopted as an emergency and permanent rule, effective October 20, 2017.]
Due to the confidential nature of some court information, authority over the dissemination of such information shall be exercised by the Court. This rule establishes the minimum criteria to be met by each information request before allowing dissemination.
(a) Application. This rule applies to all requests for computer-based court information submitted by an individual, as well as public and private associations and agencies.
(b) Excluded Information. Records sealed, exempted, or otherwise restricted by law or court rule may not be released except by court order.
(c) Data Dissemination Policies and Procedures. The Court shall promulgate policies and procedures for handling applications for computer-based information.
(d) Information for Release of Data. Information which must be supplied by the requestor and upon which evaluation will be made includes:
(1) Identifying information concerning the applicant;
(2) Statement of the intended use and distribution;
(3) Type of information needed.
(e) Criteria To Determine Release of Data. The criteria against which the applications are evaluated are as follows:
(1) Availability of data;
(2) Specificity of the request;
(3) Potential for infringement of personal privacy created by release of the information requested;
(4) Potential disruption to the internal, ongoing business of the courts.
(f) Costs. The requestor shall pay the costs adopted by the Court for providing the requested information in accordance with section (c).
(g) Appeal. If a request is denied, the requestor may appeal the decision as provided in subsection (c)
[Adopted as an emergency and permanent rule, effective October 20, 2017.]