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Local Court Rules
of Douglas County
District Court
Table of Rules
Introductory
Administrative Rules - LARLJ
9 (g) Disclosure of Public Records
Civil Rules - LCRLJ
38. Civil Jury Trial
54. Attorney Fees
Criminal Rules - LCrRLJ
3.1(d) Right to and Assignment of counsel
3.3 Continuances
4.1(d) Crimes Requiring Defendant’s Appearance at Arraignment
4.2 Deferred Prosecution
4.8 Witnesses-Process-Subpoenas
6.1 Trial by Jury or by the Court
8.2 Motions and Applications-Notice-Service
Infraction Rules - LIRLJ
2.4 Response to Notice
3.1 Contested Hearings - Preliminary Proceedings
3.2 Failure to Appear
3.3 Representation by Lawyer
3.5 Decision on Written Statements
4.2 Failure to Pay or Complete Community Service for Traffic Infraction
I. INTRODUCTORY
1. Promulgation. These rules shall be known as the Local Rules for the
District Court of the State of Washington for Douglas County. These rules will
be effective September 1, 2008 and supersede all prior rules of this court. The
provisions of these local rules are supplemental to the rules adopted by the
Supreme Court of the State of Washington for courts of limited jurisdiction,
and shall not be construed in conflict with them.
(Adopted effective September 1, 2008)
LARLJ 9(g)
DISCLOSURE OF PUBLIC RECORDS
Access to confidential records is strictly limited to persons or entities
authorized by statute or court order to obtain such records. Request for
access to court records shall be made in writing on the form provided by the
Court and shall be granted or denied only by a judge, or designee, who shall
state the reasons for denial in writing. Any person objecting to a denial of
access may file a Motion for Reconsideration with supporting affidavit. Costs
of researching, copying and transcribing shall be paid in advance by the person
or entity asking for such copies. No documents or electronic data may be
removed from the court offices without the written order of the court.
LCRLJ 38
CIVIL JURY TRIAL
(A) Demand. The request for jury trial in civil cases shall be made by
filing a demand with the clerk and paying the jury fee not later than seven
days from the date of the trial setting notice issued from the court. Failure
to comply with this rule is a waiver of the right to a jury trial.
(B) Imposition of costs. Whenever any cause assigned for jury trial is
settled or will not be tried by the jury for any reason, notice of that fact
shall be given immediately to the court. If notification is not given forty-
eight hours prior to the time of the trial, and in any event after the jury has
been summoned orally or in writing, the court in its discretion may order
payment of the actual costs of the jury panel by the offending party.
(NOTE: THERE IS NO PROVISION FOR REFUND OF THE JURY FEES.)
(C) Pre-trial Procedure. All cases set for jury trial shall be set
for pre-trial conference, which shall be held at least two weeks prior to
trial. The attorneys who are to conduct the trial and all parties shall be
present to consider such matters as will promote a fair and expeditious trial.
All discovery should be completed five days prior to said conference. Opposing
counsel or party must be given five days notice of pre-trial motions to be
heard at the pre-trial conference. Any pre-trial motions requiring the
testimony of witnesses for argument may, in the discretion of the court, be
continued to the day of trial. All amendments, pleadings and motions should be
made or be completed at this conference. Upon failure to appear, the judge may
proceed with the conference ex parte, and enter any appropriate order including
striking the jury demand and may impose terms. Insofar as practicable the
conference shall deal with any matter cognizable by Superior Court Rule CR 4.5,
and failure to raise that matter may result in the waiver of the same.
(Adopted effective September 1, 2008)
LCRLJ 54
ATTORNEY FEES
In civil default cases where attorney fees are authorized by statute or by
written agreement, the following schedule shall be deemed reasonable in all
default cases unless the parties present evidence of circumstances that
convinces 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:
$1.00- to $ 999 $300
$1,000.00 to $1,500 $325
$1,500.0l to $2,000 $350
$2,000.01 to $2,500 $375
$2,500.0l to $3,000 $400
$3,000.0l to $4,000 $425
$4,000.0l to $5,000 $450
For judgments exceeding $5,000, reasonable attorney fees may be allowed of
10% of any balance over $5,000 without formal justification or documentation.
NSF checks. When RCW 62A.3-515 has been followed, reasonable attorney
fees will be awarded in an amount to be determined by reference to RCW
12.20.060 unless the attorney convinces the court that a larger fee should be
awarded and provides an itemized affidavit as to actual time spent and hourly
rate expended by the attorney in the case, in which case the court shall
determine a reasonable fee.
Where only statutory attorney fees are authorized, the default judgment
shall include, and the court will approve, only attorney fees in the statutory
amount as applicable at the time of entry of judgment.
(Adopted effective September 1, 2008)
LCrRLJ 3.1(d)
RIGHT TO AN ASSIGNMENT OF COUNSEL
Indigent defendants shall have counsel appointed to represent them in all
criminal cases unless the right to counsel is waived. Indigency shall mean an
inability to pay an attorney a reasonable fee for the services, which appear to
be required by reasons of the crime charged without substantial hardship to
himself or his family. Defendants who request appointment of counsel shall be
required to promptly execute a financial disclosure under oath on a form
supplied by the court.
Upon appointment of counsel for indigent criminal defendants, the Clerk
shall promptly provide counsel with notice of the appointment.
Attorneys representing defendants in criminal cases must serve prompt
written notice of their employment upon the prosecuting attorney and file the
same with the clerk of the court. To withdraw, the attorney must serve notice
of such intention upon the prosecuting attorney and file the same with the
clerk of the court. No withdrawal will be recognized by the court, except for
cause deemed sufficient by the court. Approval of withdrawal may, if necessary
to prevent a continuance, be denied, and such attorney be required to proceed
with the trial.
Appointed counsel by reason of indigency shall be automatically relieved
of their appointment upon: (1) entry of a sentence on a guilty plea (2) at the
conclusion of the appeal time following sentencing as a result of a conviction
in a contested trial, (3) upon entry of an order deferring prosecution (4) upon
issuance of a warrant for failure to appear.
(Adopted effective September 1. 2008)
LCrRLJ 3.3
CONTINUANCES
After the first appearance all requests to continue a pre-trial hearing,
motion or trial dates will require a written order of continuance signed by
both parties and submitted to the judge for approval. No continuance will be
accepted after noon on the day before the law and motion calendar. The court
will not continue the trial or hearing date beyond the CrRLJ 3.3 dates without
a speedy trial waiver.
After conviction, requests for continuance of review or revocation dates may be
submitted by letter or motion to the court and may be submitted off the record
to the judge for approval.
(Adopted effective September 1, 2008)
LCrRLJ 4.1(d)
CRIMES REQUIRING DEFENDANT'S
APPEARANCE AT ARRAIGNMENT
A lawyer may not enter a written plea of not guilty on
behalf of a client, if the charging document states that one or
more of the charges involves domestic violence, harassment,
violation of an anti-harassment or protection order, stalking, or
driving while under the influence of intoxicants, driving while
under the age of 21 after having consumed alcohol, or physical
control of a vehicle while under the influence of intoxicants.
For such charges, the defendant must appear in person for
arraignment; and the court shall determine the necessity of
imposing conditions of pre-trial release.
(Adopted effective September 1, 2008)
LCrRLJ 4.2
DEFERRED PROSECUTION
A petition for deferred prosecution pursuant to RCW 10.05
must be filed with the court no later than seven (7) days prior
to readiness hearing unless good cause exists for delay. The
petition and the accompanying declarations shall be in a form set
forth in CrRLJ 4.2. A complete copy of the police report of the
defendant's conduct giving rise to the charge shall be attached
to the petition. The Order for Deferred Prosecution shall
provide for supervision for 60-months, completion of a treatment
plan, payment of costs, abstinence from consumption of alcohol
and non-prescription drugs, no traffic offenses, a requirement
that all vehicles driven by the defendant be equipped with an
ignition interlock device as required by statute and no driving
without proper license and insurance.
(Adopted effective September 1, 2008)
LCrRLJ 4.8
WITNESSES-PROCESS-SUBPOENAS
When application is made for a subpoena for a witness residing outside of
Douglas County and the Greater Wenatchee area, such application shall be
accompanied by an affidavit showing to the satisfaction of the court the
materiality of the testimony which is expected to be obtained from such
witness. The court in its discretion may waive this requirement.
Preparation of subpoenas shall be the responsibility of the applicant and
shall be submitted with the application requesting issuance of the subpoena.
Service of the subpoenas shall be the responsibility of the applicant.
(Adopted effective September 1, 2008)
LCrRLJ 6.1
TRIAL BY JURY OR BY THE COURT
6.1 (a)(1) In every criminal or traffic case in which the defendant is
entitled to a jury trial, the Clerk shall set a date for a pre-trial conference
to be held within five weeks of the date a plea of not guilty is entered. The
purpose of said conference is to determine if discovery is completed and if
pretrial motions are necessary and to set a readiness hearing and trial date.
Discovery shall be in the hands of the party requesting same at least two (2)
working days prior to the pre-trial conference. See Local Rule LCrRLJ 8.02
concerning notice to opposing parties of the nature of pretrial motions and the
necessity of witnesses at the hearing.
If the defendant fails to appear at any scheduled hearing without good
cause, bail will be ordered forfeited and the court will order a Bench Warrant
issued for the arrest of the defendant.
In the event it comes to the attention of the court that there is a
likelihood that the defendant will not be available for his jury trial, as
evidenced, for example by defendant's failure to remain in contact with his
lawyer, the court will schedule an additional pre-trial conference to inquire
as to the availability of the defendant. If the defendant does not appear, the
jury trial date will be stricken, bail forfeited, and the court will order a
bench warrant for the arrest of the defendant.
6.1(a)(2) Readiness conference. A readiness hearing shall be set in all
cases set for jury trial. The prosecuting attorney, defense counsel and
defendant are required to appear at the hearing. The court will inquire as to
whether the case is expected to go to trial; the number of witnesses to be
called by each side; the anticipated length of trial, and all motions,
discovery and plea negotiations shall be concluded. Any case confirmed for
jury trial at the readiness hearing not proceeding to jury trial shall be
subject to such sanctions as deemed appropriate by the judge including but not
limited to jury costs, witness fees and terms.
(Adopted effective September 1, 2008)
LCrRLJ 8.2
MOTIONS AND APPLICATIONS-NOTICE-SERVICE
All amendments to the charges, pleas, or pre-trial motions shall be made
at the time of the readiness hearing. Motions shall be supported by an
affidavit or declaration under penalty of perjury of a person with testimonial
knowledge, setting forth the facts to be elicited at an evidentiary hearing.
Motions shall not be considered at the time of trial unless they could not have
been raised at the time of the readiness hearing or the judge at the time of
readiness hearing expressly continues such motions to the time of trial.
Absent good cause, motions for dismissal or suppression of evidence in criminal
cases shall be in writing and shall be provided to the Court and the opposing
party at least 10 days before the readiness hearing. Response briefs are due
two days before the hearing. Any witnesses necessary to establish issues on
motions shall be subpoenaed by the moving party. If a proper motion is not
received by the court 10 days prior to the scheduled hearing, the motion
hearing shall be stricken.
(Adopted effective September 1, 2008)
LIRLJ 2.4
RESPONSE TO NOTICE
The procedure authorized in IRLJ 2.4(b)(4) is adopted by
this court
LIRLJ 3.1
CONTESTED HEARINGS - PRELIMINARY PROCEEDINGS
Speed Measuring Device Expert. Defense requests for a Speed Measuring
Device Expert must be made to the Office of the Prosecuting Attorney no less
than 30-days prior to the date set for the contested hearing. The request shall
be contained in a separate document clearly designated as a request for an SMD
expert. A request for a SMD expert may be treated by the Court as a request
for a continuance to the next date on which the prosecuting attorney has
scheduled the appearance of the SMD Expert. An SMD expert called as a witness
by either party may testify by telephone; however, any party intending to
elicit telephonic testimony from an SMD expert shall notify the court and
opposing party at least five days prior to the date set for the contested hearing.
(Adopted effective September 1, 2008)
LIRLJ 3.2
FAILURE TO APPEAR
Setting Aside Judgment Upon Failure to Appear - Good Cause Petition
A defendant may file a written motion on forms provided by the court to
set aside a default judgment for Failure to Appear at a requested hearing. The
court will examine the written motion and make a decision without the defendant
being required to appear. Only one motion shall be allowed on any case. A
mitigation hearing may be granted upon setting aside the judgment. A contested
hearing shall not be allowed unless by special written order.
LIRLJ 3.3
(b)(1) REPRESENTATION BY LAWYER
At a contested hearing where an attorney has appeared for the defendant or
witnesses have been subpoenaed, a lawyer representative of the Prosecutor's
office shall appear. A defendant charged with a traffic infraction and
represented by counsel must provide written notice to the prosecuting authority
and clerk of the court of such representation at least seven days from the date
the original request for a contested hearing is mailed by the defendant. Upon
receipt of counsel's notice of appearance, the clerk shall reset the contested
hearing to the appropriate calendar.
LIRLJ 3.5
DECISION ON WRITTEN STATEMENTS
The procedure authorized by IRLJ 3.5 is adopted by this court.
LIRLJ 4.2
FAILURE TO PAY OR COMPLETE COMMUNITY
SERVICE FOR TRAFFIC INFRACTION
(d) Failure to make payment. Defendants who owe penalties on traffic
infractions must report to the court clerk immediately after leaving the
courtroom. Failure to do so will be considered a failure to pay or complete
community service. The Court will assess the appropriate penalty for failure
to pay or appear, and will rescind any reduction in the penalty imposed.
Failure to comply with the time payment agreement on an infraction will cause
the court to rescind any penalty reduction previously granted by the court.
(Effective September 1, 2008)
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