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FERRY COUNTY DISTRICT COURT
LOCAL COURT RULES
Table of Rules
I. LOCAL ADMINISTRATIVE RULES
LARLJ 2. Scope of Rules and Adoption
LARLJ 2.1 Decorum
LARLJ 5 Court Administrator
LARLJ 6 Appearance by Telephone
LARLJ 7 Security of Courtrooms and Related Areas
II. LOCAL CIVIL RULES
LCRLJ 55 Default
III. LOCAL CRIMINAL RULES
LCrRLJ 2.5 Procedure on Failure to Obey Citation and Notice to Appear
LCrRLJ 4.5 Pre-Trial Conference
LCrRLJ 6.1 Jury Trial Readiness Hearing
LCrRLJ 6.15 Jury Instructions
LCrRLJ 7.6 Probation Monitoring Fees
LCrRLJ 8.2(f) No Contact Orders
LCrRLJ 38 Criminal Jury Trial
IV. LOCAL INFRACTION RULES
LIRLJ 2.6 Scheduling of Hearings
LIRLJ 3.2 Motion for Vacation of Default Judgment for FTA
LIRLJ 3.5 Decision on Written or Email Statements
LIRLJ 3.6 Deferred Findings
LIRLJ 6.6 Speed Measuring Device Certification; Request for Speed Measuring
Device Expert; Remote Testimony
LARLJ 2
Scope of Rules and Adoption
(a) Effect of Local Rules. These rules shall be known as the Local Rules for
the District Court of the State of Washington for Ferry County. These rules
will be effective September 1, 2011. These rules conform with, to the extent
possible, the numbering system and in format to the rules adopted by the
Supreme Court of the State of Washington for courts of limited jurisdiction.
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.
(b) Adoption and Amendments. These rules are adopted and may be amended from
time to time in accordance with GR 7, CRLJ 83, CrRLJ 1.7 and IRLJ 1.3 of the
Washington Court Rules. The court may modify or suspend any of these local
rules in any given case upon good cause shown or upon the court's own motion.
[Adopted effective September 1, 2011]
LARLJ 2.1
Decorum
Courtroom Decorum. All attorneys and other individuals in the courtroom shall
abide by the following rules of conduct:
(a) Always be prompt. Be in the courtroom ready to proceed at the appointed time.
(b) Stand when the judge or the jury enters or leaves the courtroom.
(c) Do not make personal attacks on opposing counsel or parties.
(d) Do not interrupt. Wait your turn. Address all remarks to the Judge.
Argument between litigants or their attorneys is not permitted.
(e) After the judge has ruled, ask the Judge's permission before arguing further.
(f) Rise when addressing the Judge and when making objections as this calls
the Judge's attention to you.
(g) Dress Appropriately to the Serious Nature of the Matters Before the Court.
Shorts and other kinds of beach apparel are not appropriate. Clothing
advertising alcoholic beverages or illegal drugs are not appropriate. Hats are
not to be worn in the courtroom.
(h) No food or beverage of any kind are not to be brought into the courtroom,
except for empanelled jurors.
(i) Do not approach a witness, the jury or the Judge without asking permission
of the Judge.
(j) No person shall be in Ferry County District Court while in possession of a
cell phone, pager, smart phone or other such device unless it is turned off or
is in a silent or vibrate mode. Any person having any of these items not
turned off or in silent or vibrate mode is subject to having such device seized
upon direction of the Court. In addition, any person violating this rule shall
be subject to punishment for contempt of court.
[Adopted effective September 1, 2011]
LARLJ 5
Court Administrator
(d) Selection. The court administrator shall be appointed by the judge and shall serve
at the pleasure of the appointing authority under the direction and supervision of the judge.
(e) Powers and duties. The powers and duties of the court administrator
include but are not limited to the following:
(1) Administrative control of all non-judicial activities of the court.
(2) Implement all policies regarding judicial functions of the court.
(3) Supervision of all court employees.
(4) Preparation and administration of the court budget.
(5) Representation of the court in dealings with the State Court Administrator.
(6) Assist the judge in meeting with representatives of governmental bodies,
and other public and private groups regarding court management matters.
(7) Prepare reports and compile statistics as required by the judge or state
court administrator and maintain records or informal activities of the court.
(8) Make recommendations to the judge for the improvement of the administration of the court.
The Court administrator may delegate such duties to court employees as deemed appropriate.
[Adopted effective September 1, 2011]
LARLJ 6
Appearance by Telephone
Hearings of any type will not be conducted by telephone without prior approval
of the judge on a showing of good cause.
[Adopted effective September 1, 2011]
LARLJ 7
Security of Courtrooms and Related Areas
Weapons: No weapons designed for offensive or defensive purposes shall be
allowed in any space assigned to the District Court and a violation of this
order shall constitute contempt of court.
Exceptions: This rule shall not apply to Judges, commissioned police officers,
corrections officers, or federal law enforcement officers.
[Adopted effective September 1, 2011]
LCRLJ 55
Default
(a) Entry of Default Judgment.
(5) All necessary papers required for entry of a default judgment shall be
filed at the same time as the motion for default judgment, unless extended by
court order to correct a clerical error or omission or for furnishing of any
proof required by the court. Default judgments shall be subject to the following:
(6) No default judgment shall be granted except upon motion by plaintiff's
attorney of record, or if none, by motion by plaintiff.
(7) No default judgment shall be granted except upon proof satisfactory to the
court. The court shall require at least the following to be on file with the
motion for default judgment, unless otherwise excused by the court for good cause:
(i) on assigned causes of action, the assignment instrument;
(ii) on causes of action based on negotiable instrument, the original
negotiable instrument;
(iii) on causes of action based on retail sales contract, chattel
mortgage, or conditional sales contract, the original contract (or a copy if
the original has been filed with a governmental agency). Where applicable, an
automobile title or bill of sale must be filed;
(iv) on causes of action based on open account where the complaint is not
specific, a written statement of account setting forth all charges and credits
and the dates thereof, the nature of merchandise or services furnished, and a
statement of any interest or surcharges which are included;
(v) on causes of action for rent based on oral lease, a statement of
account setting forth the dates of accrued rent, dates of delinquency, late
charges and any other costs. If any claim is made for damages or repairs to
premises, such claim must be itemized separately;
(vi) on causes of action for rent based on a written lease, a copy of the
lease and a statement of account setting forth the dates of accrued rent, dates
of delinquency, late charges and any other costs. If any claim is made for
damages or repairs to premises, such claim must be itemized separately;
(vii) on causes of action based on all other contracts, oral testimony to
prove performance may be required, together with filing of a copy of the
contract, if written; and filing or proving the items of account and any
credits;
(viii) on causes of action for tort, the proof required 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:
(a) Property damage may be proved by repair bills or estimates;
(b) Loss of use claims, loss of wages, and pain and suffering shall
be proved by oral testimony.
(c) Hospital and doctor bills may be proved by written bills,
whether paid or not.
(8) No judgment for interest shall be allowed unless citation to applicable
authority is presented and there is on file proof of the factors necessary for
computation of interest including applicable dates, rate of interest, amounts
subject to interest, and a computation of the total interest claimed due. For
prejudgment interest the document that contains the rate of interest shall be
included, with the rate of interest underlined and highlighted in yellow for the court.
(9) Default judgments must be accompanied by:
(i) Affidavit of Service if not previously filed.
(ii) Affidavit of Soldiers' and Sailors' Relief Act.
(g) Collection and handling charges and attorney fees on actions brought to
collect dishonored checks shall not be allowed unless proof of the following is provided:
(1) The statutory form of notice of dishonor has been sent as required by
RCW chapter 62.A-3 and a copy is filed with the court.
(2) An accounting statement, or some reasonable alternate means of
determining plaintiff's collection costs, is filed with the court.
[Adopted effective September 1, 2011]
LCrRLJ 2.5
Procedure on Failure to Obey Citation and Notices to Appear
(a) Recall of Failure to Appear Arrest Warrants. The Court Administrator, or
delegate, shall have authority to recall Failure to Appear Arrest Warrants
issued because the defendant failed to appear or respond to the citation or
summons under the following provisions:
(1) The Failure to Appear Arrest Warrant has not yet been sent to the Sheriff
for entry into the NCIC.
(2) The defendant personally appears at the counter to sign for a court date
or appears through counsel, and/or posts bail.
(3) In cases of clerical error.
(b) In all other cases, the defendant shall present himself/herself to the
Ferry County Jail unless otherwise directed by the Court Administrator.
[Adopted effective September 1, 2011]
LCrRLJ 4.5
Pre-Trial Conference
(a) Date set at arraignment. When a plea of not guilty is entered, the court
shall set a time for a pre-trial conference, approximately 30 days after the arraignment.
(b) Mandatory Appearance. All parties and their attorneys shall be present at
the pre-trial hearing. Failure of a defendant to attend the pre-trial
conference may result in the issuance of a bench warrant, the forfeiture of
any bond, bail or other security posted by or on behalf of the defendant, and
the striking of the trial date from the trial calendar.
(c) Discovery Complete. By the time of the pre-trial hearing, the parties
should have completed discovery and concluded plea negotiations.
(d) Pre-trial Motions. All pre-trial motions (including Petitions for
Deferred Prosecution) other than motions in limine, must be noted at the pre-
trial hearing. The court will set a time for a hearing on the motions and set
a briefing schedule. The motions must be made in writing accordance with the
briefing schedule, with a memorandum of authorities, and, where appropriate, an
affidavit setting forth the specific facts the party expects to elicit at the hearing.
(e) Jury Trial. The Trial Readiness Hearing and the Jury Trial will be
confirmed at this time.
[Adopted effective September 1, 2011]
LCrRLJ 6.1
Jury Trial Readiness Hearing
A Jury Trial Readiness Hearing will be scheduled during the week prior to the
jury term week. The Defendant must be present with his or her attorney. The
failure of the Defendant to appear at this hearing, unless excused by the
Court, may result in the issuance of a bench warrant and the jury trial being
stricken, and shall be deemed a waiver of the Defendant's Right to Speedy
Trial. At the hearing the following matters will be concluded:
1. All plea negotiations;
2. Exchange of witness lists;
3. Providing any discovery not previously completed by the Pre-Trial
Conference; and,
4. Motions on legal issues arising subsequent to the Jury Pre-Trial Conference
or on issues arising due to new evidence.
[Adopted effective September 1, 2011]
LCrRLJ 6.15
Jury Instructions
(a) Unless otherwise noted by the court, proposed jury instructions shall be
filed with the court and served upon opposing counsel by 3 PM on Monday of Jury
Trial Week. Each party shall file two original sets of instructions: one with
citations and one without citations, and shall serve a copy with citations on
each party. Additional instructions, which could not be reasonably
anticipated, shall be served and filed at any time before the court has
instructed the jury. Each proposed instruction shall be on a separate sheet of
paper. The original without citations shall neither be numbered nor include
citations of authority.
[Adopted effective September 1, 2011]
LCrRLJ 7.6
Probation Monitoring Fees
Defendants placed on probation shall be required to pay a monthly monitoring
fee, unless otherwise stated in the judgment and sentence.
[Adopted effective September 1, 2011]
LCrRLJ 8.2(f)
No Contact Orders
A request to extinguish or modify a No Contact Order in a Domestic Violence
case may only be made by a party to the case and must be made in writing. A
verified safety plan must in place for any victim of Domestic Violence. All
parties and the alleged victim must be served with written notice at least five
court days before any hearing to consider such a request.
[Adopted effective September 1, 2011]
LCrRLJ 38
Criminal Jury Trial
(a) Imposition of Costs. The Court shall be notified immediately if a case
scheduled for jury trial is settled or will not be tried by the jury for any
reason. An assessment for jury costs may be imposed if the parties fail to
notify the court at least 24 hours before the trial is scheduled to begin. The
responsible party will be required to pay a jury administrative reimbursement
fee equal to the actual costs incurred by the Court for the jury trial, unless
the Judge determines that those costs and fees shall not be paid. Costs
include jury fee payments, mileage reimbursements and all postage costs to
summon the jury. Any such terms imposed by the Court shall be paid as directed
by the Court.
[Adopted effective September 1, 2011]
LIRLJ 2.6
Scheduling of Hearings
(A)(1)(i) A Respondent who requests a contested hearing may first be scheduled
for a prehearing conference, which shall be scheduled in accordance with the
provisions of IRLJ 2.6(a)(1)(i).
(ii) The prehearing conference may be waived in accordance with the
provisions of IRLJ 2.6(a)(1)(ii). However, a respondent who waives the
prehearing conference may not be entitled to seek deferral of the infraction(s)
alleged. If the respondent fails to timely waive or appear at the prehearing
conference, then a default judgment shall be entered.
[Adopted effective September 1, 2011]
LIRLJ 3.2
Motion for Vacation of Default Judgment for FTA
(b) A defendant against whom a judgment for a traffic infraction has been
entered by default for failure to appear, may file a motion in writing, on
forms provided by the court, requesting that the judgment be set aside. The
motion will then be presented to the court ex parte for determination. The
motion will be evaluated in conformity with CRLJ 60 (b). If the Court grants
said motion, the matter will be set for a hearing of the kind requested by the
defendant on an upcoming calendar date.
[Adopted effective September 1, 2011]
LIRLJ 3.5
Decision on Written or Email Statements
Mitigation and Contested hearings regarding infractions are authorized. The
procedure set out in IRLJ 3.5 is adopted. In place of the defendant's personal
appearance at a contested or mitigated infraction hearing, defendants may
submit their statement in writing (including email submissions). The sworn,
written statements must be received by the Court no later than seven (7)
calendar days before the scheduled hearing or it will not be considered. The
Court shall examine the citing officer's report and any statements from the
defendant. The examination shall take place within 120 days after the
defendant filed a response to the notice of infraction. The examination may be
held in Chambers and shall not be governed by the rules of evidence. Any
Defendant electing to request that the Court hold a contested hearing under
this rule waives the right to appeal the Court's decision to Superior Court
under IRLJ 3.5. Upon reaching a decision, the court will notify the person of
the Judge's determination. The person must remit any amount set by the Judge.
If the amount set by the Judge is not paid by the specified date the failure to
respond fee will be added and the matter turned over to a collection agency.
If the citation is a traffic infraction, the Department of Licensing will be
notified if the person fails to respond or to pay.
[Adopted effective September 1, 2011]
LIRLJ 3.6
Deferred Findings
(a) Deferred Findings. The court may defer findings regarding traffic
infractions prior to a contested hearing, or defer entry of an order following
a mitigation for up to one year and impose conditions on that person.
(b) Limit. A person may not receive more than one deferral within a seven-
year period for moving violations and one deferral within a seven year period
for nonmoving violations.
(c) Conditions. For moving violations the conditions may include attendance
at traffic safety school (if available), payment of some or all of the
presumptive fine and an administrative fee. For nonmoving violations the
conditions may include payment of some or all of the presumptive fine and an
administrative fee.
(d) Administrative Fee. An administrative fee shall be charged.
(e) Dismissal. After the end of the deferral period, the court will dismiss
the infraction if the person has met all the conditions of the deferral and has
not committed another traffic infraction during the period.
(f) Subsequent Violation during the deferral period. The court will notify a
person during the pending deferment of a violation by first class mail to the
address provided by the deferred person. The Court will note the deferred
violation as committed and transmit the Notice of Infraction to the Department of
Licensing. The Court shall of no other obligation to the deferred person in this regard.
[Adopted effective September 1, 2011]
LIRLJ 6.6
Speed Measuring Device Certification; Request for Speed Measuring Device
Expert; Remote Testimony
Any certificate admissible under LIRLJ 6.6(b), and any other document related
to a Speed Measuring Device, can be filed with the clerk of the court and
maintained by the court as a public record, and shall be available for
inspection by the public. Copies shall be provided by the clerk's office on
request. There shall be no charge for the copy if it relates to an infraction
filed against the person making the request. These records shall be available
without a formal request for discovery. The court shall be entitled to take
judicial notice of the fact that any document filed pursuant to this rule has
been filed with the court.
Requests to produce the electronic measuring device expert shall be contained
in a separate document and filed in accordance with IRLJ 6.6(b), and served on
the prosecuting attorney with a conformed copy filed with the Clerk of the
Court. The request cannot be combined with a notice of appearance or any other pleading.
The Court may allow the speed measuring device expert to testify from a
location other than the courtroom, via speakerphone.
[Adopted effective September 1, 2011]
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