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Grant County Distric Court
Local Rules
Table of Rules
Preface
Administrative Rules
LARLJ.01 Foreword
LARLJ.02 Presiding Judge
LARLJ.02 Court Administrator
Civil Rules
LCRLJ 38 Civil Jury Pre-Trial Procedure
LCRLJ 64 Garnishment and Denial of Non-Responsive Exemption Claim
LCRLJ 65 Civil - Name Changes
Criminal Rules
LCRRLJ 3.3 Continuances
LCRRLJ 3.4 Video Arraignment Agreement
LCRRLJ 4.5 Pre Trial Conference/Readiness Hearing
LCRRLJ 8.2 Motions and Applications - Notice - Service
Infraction Rules
LIRLJ 2.6(C) Decision on Written Statements
LIRLJ 3.1 Contested Hearings- Preliminary Proceedings
LIRLJ 3.1(B) Plaintiff's Lawyer
LIRLJ 6.2(A) No Valid Operators License - Show License
LIRLJ 6.2(B) Insurance - Show Proof
PREFACE
1. Promulgation. These rules shall be known as the
Local Rules for the District Court of the state of
Washington for Grant County. Copies of these rules
will be filed with District Court for Grant County and
will be distributed to all law offices in Grant County.
Additional copies will be available at the office of
the Grant County District Court Administrator. These
rules will be effective September 1, 2004.
2. Numbering. Consistent with CRLJ 83(a) and CrRLJ
1.7, Washington Court rules, these rules, to the extent
possible, conform in numbering system and in format to
those rules and facilitate the use of both. The number
of each rule is preceded by the abbreviation “L”
designating the rule as local to this court and
supplemental to the corresponding Washington Court Rule.
3. Revisions and Additions. These rules have been
prepared in loose-leaf form to facilitate revision,
additions or deletions in the future by page without
the necessity of republication.
L-ARLJ.01
FOREWORD
These Local Rules for Civil, Criminal, Infraction, and
Appeals are assembled to conform in numbering system and in
format to the rules adopted by the Supreme Court as required
by GR 7.
These rules supplement ARLJ, CRLJ, CrRLJ, RALJ, and IRLJ in
accordance with RCW 3.30.080 and
GR 7. Local Rules are cited as L- ARLJ, L-CRLJ, L-CrRLJ, L-
RALJ, and L-IRLJ. Insofar as practicable the Washington
Court Rules are not repeated and the user of these Local
rules should refer to the pertinent rule as adopted by the
Supreme Court.
[Amended effective September 1, 2004]
L-ARLJ.02
PRESIDING JUDGE
Presiding Judge and Court Governance
(a) Election, Term, Vacancies, Removal and Selection Criteria
(1) Election. The Presiding Judge shall be elected by
majority vote of the Grant County District Court judges for
a term of not less than two years. In the same manner, the
judges shall elect an Assistant Presiding Judge of the court
who shall serve as Acting Presiding Judge during the absence
or upon the request of the Presiding Judge and who shall
perform such further duties as the Presiding Judge shall
direct. If the judges fail or refuse to elect a Presiding
Judge or Assistant Presiding Judge, the Presiding Judge then
in office shall notify the Supreme Court of said failure or
refusal and the Supreme Court shall appoint a Presiding
Judge or Assistant Presiding Judge pursuant to GR 29(a)(1).
(2) Term. The Presiding Judge shall be elected for a term
of not fewer than two years, subject to reelection. The
term of the Presiding Judge shall commence on January 1 of
the year in which the Presiding Judge’s term begins.
(3) Vacancies. Interim vacancies of the office of
Presiding Judge or Acting Presiding Judge shall be filled as
provided in (a)(1).
(4) Removal. The Presiding Judge may be removed by a
majority vote of the judges of the court.
(5) Selection Criteria. A Presiding Judge must have at
least four years of experience as a judge, unless this
requirement is waived by a majority vote of the judges of
the court. Selection of a Presiding Judge should be based
on the judge’s
a) Management and administrative ability
b) Interest in serving in the position.
c) Experience and familiarity with a variety of trial
court assignments, and
d) Ability to motivate and educate other judicial officers
and court personnel.
(6) Notification of Chief Justice. The Presiding Judge so
elected shall send notice of the election of the Presiding
Judge and Assistant Presiding Judge to the Chief Justice of
the Supreme Court within 30 days of election.
(7) Caseload Adjustment. To the extent possible, the
judicial caseload should be adjusted to provide the
Presiding Judge with sufficient time and resources to devote
to the management and administrative duties of the office.
(8) General Responsibilities. The Presiding Judge is
responsible for leading the management and administration of
the court’s business, recommending policies and procedures
that improve the court’s effectiveness, and allocating
resources in a way that maximizes the court’s ability to
resolve disputes fairly and expeditiously.
(9) Duties and Authority. The judicial and administrative
duties set forth in this rule cannot be delegated to persons
in either the legislative or executive branches of
government. A Presiding Judge may delegate the performance
of ministerial duties to court employees; however, it is
still the Presiding Judge’s responsibility to ensure they
are performed in accordance with this rule. In addition to
exercising general administrative supervision over the
court, the Presiding Judge shall:
a) Supervise the business of the court and
judicial officers in such manner as to ensure
the expeditious and efficient processing of all
cases and equitable distribution of the
workload among judicial officers;
b) Assign judicial officers to hear cases pursuant
to statute or rule. The court may establish
general policies governing the assignment of judges;
c) Coordinate judicial officers’ vacations,
attendance at education programs, and similar matters;
d) Develop and coordinate statistical and
management information;
e) Supervise the daily operation of the court including:
1) All personnel assigned to perform court functions; and
2) All personnel employed under the
judicial branch of government including but
not limited to working conditions, hiring,
discipline, and termination decisions except
wages, or benefits directly related to wages; and
3) The Court Administrator, who shall
report directly to the Presiding Judge. (see.03)
f) Supervise the court’s accounts and audit the
procurement and disbursement of appropriations
and preparation of the court’s annual budget request;
g) Appoint standing and special committees of
judicial officers necessary for the proper
performance of the duties of the court;
h) Promulgate local rules as a majority of
the judges may approve or as the Supreme Court
shall direct;
i) Supervise the preparation and filing of reports
required by statute and court rule;
j) Act as the official spokesperson for the
court in all matters with the executive or
legislative branches of state and local
government and the community unless the
Presiding Judge shall designate another judge
or employee to serve in this capacity;
k) Preside at meetings of the judicial
officers of the court;
l) Determine the qualifications of and
establish a training program for pro tem judges
and pro tem court commissioners; and
m) Perform other duties as may be assigned by
statute or court rule.
10) Enabling Authority. The Presiding Judge shall have
the general responsibilities, duties and authority
set forth in GR 29.
[Amended effective September 1, 2004]
L-ARLJ.03
COURT ADMINISTRATOR
Court Governance and Responsibility
(a) Selection. The Court Administrator shall be appointed
by the judges, and shall serve at the pleasure of the judges
under the direction and supervision of the Presiding Judge.
(b) Qualifications. Refer to Grant District Court job
description for Court Administrator.
(1) General responsibilities. The Court Administrator is
responsible for assisting the Presiding Judge in the
management and administration of the court’s business,
recommending policies and procedures that improve the
court’s effectiveness and recommending the allocation of
resources to maximize the court’s efficiency.
(c) 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) Implementation of all policies regarding judicial
functions of the court.
(3) Supervision of all court employees including the
Probation Department; including but not limited to working
conditions, hiring, discipline and termination decisions.
(4) Preparation and administration of the court budget.
(5) Representation of the court in dealings with the State
Court Administrator.
(6) Representation of the court in meeting with
representatives of governmental bodies, and other public and
private groups regarding court management matters at the
direction of the Presiding Judge.
(7) Preparation of reports and compilation of statistics as
required by the Presiding Judge or State Court Administrator
and maintain records or informal activities of the court.
(8) Recommendations to the Presiding Judge for the
improvement of the administration of the court.
(9) Administration of the coordination of judicial services
to municipalities as identified in the Districting Plan;
Provision of legislative updates to all affected parties.
(10) Coordination efforts with Administrative Office of the
Courts (AOC) and local Law Enforcement Agencies (LEA’s).
(11) Assistance to the Presiding Judge in promulgating local rules.
(12) Coordination, dissemination and implementation of local
rules to all affected parties.
(13) Supervision of the process and ministrations of
procuring Pro Tempore Judges.
(14) Attendance to judges’ meetings and preparation of the
agenda for and minutes of those meetings.
(15) Supervision of the Court’s accounts and audit of the
procurement and disbursement of appropriations.
(d) Enabling Authority. The Court Administrator shall
have the general responsibilities, duties, and authority
set forth in GR 29; Reports directly to the Presiding
Judge. The Court Administrator may delegate such duties
to court employees as deemed appropriate.
[Amended effective September 1, 2004]
LCRLJ 38
CIVIL JURY 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. No order shall be required for this mandatory pre-
trial conference. 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 three days prior to said
conference. Opposing counsel or party must be given seven
days notice on 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 rescheduled or continued to the day of
trial. All amendments, pleas, and motions should be made or
be completed at this conference. Upon failure to appear,
the Judge may proceed with the conference ex-parte, if
necessary, and enter any appropriate order including
striking the jury demand and may impose terms.
[Amended effective September 1, 2003]
LCRLJ 64
GARNISHMENT AND DENIAL OF NON-RESPONSIVE EXEMPTION CLAIM
A blank Exemption Claim or one that does not claim an
exemption shall be denied without a court hearing if the
garnishing party files and serves a Notice of Non-Responsive
Exemption Claim, within seven days of receipt of the
Exemption Claim. If filing and/or service is had by mail,
compliance with this rule shall be deemed complete if the
described Notice is posted in the US Mail on or before the
seventh day after the garnishing party received the
Exemption Claim.
[Amended effective September 1, 2003]
LCRLJ 65
CIVIL - NAME CHANGES
(a) Separate Petitions Required. A separate petition shall be filed for each
name a party wishes changed.
(b) Hearing. All hearings on petitions for name changes shall be in open court
and on the record.
(c) Minors.
(1) Birth Certificate. A certified copy of any minor applicant's birth
certificate or suitable identification must be presented to the clerk for
verification and copying.
(2) Parental Notification.
(a) A person petitioning to change the name of a minor child or ward must
establish that both parents consent to the change in writing, or that the
nonpetitioning parent has been served at least ten days before the hearing with
a notice that includes the hearing date, the minor's current name, the name the
petitioner desires the minor to assume, and the reasons for requesting the
change of name.
(b) A person petitioning to change the name of a minor child may move the
court for an order authorizing notice to a parent by publication. The requesting
parent must certify under penalty of perjury that the whereabouts of the other
parent are unknown. If authorized by the court, notice by publication one time
in a newspaper of general circulation in the county of the nonpetitioning
parent's last known address shall be deemed sufficient if it satisfied the
requirements of LCRLJ 65(c)(2)(a).
(d) Contents of Petition. A petition for change of name must be sworn under
oath and state the following:
(1) The Petitioner's full present name and the full name the petitioner wishes
to assume;
(2) The Petitioner's date of birth;
(3) That the Petitioner resides in Grant County;
(4) The reason for the request;
(5) The application is not made for any illegal or fraudulent purpose;
(6) The name change will not be detrimental to the interests of any other person;
(7) The name of the Petitioner's father and mother, or, if brought on behalf of
a minor, the name of the minor's father and mother;
(8) Whether the Petitioner is subject to the jurisdiction of the Washington
State Department of Corrections and, if so, that Petitioner has provided a copy
of the Petition to the Department at least five days before any hearing on the
name change request;
(9) Whether the Petitioner is subject to the sex offender registration laws of
the State of Washington and, if so, that Petitioner has provided copies of the
Petition to the county sheriff and the Washington State Patrol at least five
days before any hearing on the name change request.
(e) Contents of proposed Order. A Petitioner for change of name must file a
proposed Order Changing Name that includes the following:
(1) The Petitioner's full name;
(2) The full name Petitioner seeks to assume;
(3) If the Petition is brought on behalf of a minor, a finding that both
parents or guardians consent to the change, or that a non consenting parent was
served with notice of the proposed change as required by these rules, or that a
non consenting parent's legal rights were previously terminated by court order;
(4) A finding whether the Petitioner is subject to the jurisdiction of the
Washington State Department of Corrections and, if so, whether Petitioner
provided a copy of the Petition to the Department at least five days before the
Order is to be entered;
(5) A finding whether the Petitioner is subject to the sex offender
registration laws of the State of Washington and, if so, whether Petitioner
provided copies of the Petition to the county sheriff and Washington State
Patrol at least five days before the Order is to be entered;
(6) A finding that the Petition is not made for illegal or fraudulent purposes;
(7) A finding that the change of name will not be detrimental to the interests
of any other person;
(8) If the Petition is brought on behalf of a minor, a finding that the name
change is in the best interests of the minor.
Effective August 4, 2008
LCrRLJ 3.3
CONTINUANCES
(a) Continuances may be granted:
(1) Upon written agreement of all parties which must be authorized by
the defendant(s). Agreements lacking evidence of approval of all parties
will not be considered by the court. The agreement must set forth the basis
for the continuance and include a proposed order of continuance. The agreement
is not effective unless approved by the court.
(2) By motion, if such motion complies with relevant rules for motions,
including CrRLJ 3.3(h)(2).
(3) Only if the continuance is to a date within the speedy trial requirements
of CrRLJ 3.3 or the defendant executes a waiver of speedy trial.
Effective 8-8-08
LCrRLJ 3.4(d)(2)
Video Arraignment Agreement
(2) Agreement. Other trial court proceedings including the entry of a
Statement of Defendant on Plea of Guilty as provided for by CrRLJ 4.2 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 trial court judge. For
purposes of video conference proceedings, the electronic or facsimile
signatures of the defendant, counsel, interested parties and the Court shall be
treated as if they were an original signature. This includes all orders on
Judgment and Sentence, No Contact Orders, Statements of Defendant on Pleas of
Gulity, and other documents or pleadings as the Court shall determine are
appropriate or necessary.
Effective April 6, 2012
LCrRLJ 4.5
PRE TRIAL CONFERENCE/READINESS HEARING
a) 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. The purpose of said
conference is for presentation and setting of motions,
completion of plea bargaining, and to set a trial date.
Discovery shall be in the hands of the party requesting same
at least two (2) working days PRIOR TO said conference. The
Clerk will then proceed to notify the prospective jurors as
provided by law. See Local Rule LJCrR 8.2 concerning notice
to opposing parties of the nature of the pre-trial motions
and the necessity of witnesses at the hearing.
If the party or his attorney fails to appear at said
conference without adequate cause then known to the court,
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 jury trial, as evidenced, for example, by
defendant's failure to remain in contact with his lawyer,
the court will schedule an additional hearing 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.
b) Within ten (10) days, excluding weekends and
holidays, prior to an assigned jury trial date, there shall
be held a readiness hearing. At such a hearing, it shall be
mandatory that the prosecuting authority, the defense
counsel, and the defendant be present. At such a hearing,
the following matters will be concluded:
1. All plea bargaining
2. Exchange of witness lists
3. Providing of any discovery not previously
exchanged at the pre-jury conference
4. Motions on the legal issues arising subsequent to
the pre-jury conference or on issues arising
due to new evidence
At the conclusion of the readiness hearing, the court
will no longer accept any plea bargaining arrangements.
Thereafter, the case will be tried by jury, unless waived by
the defendant, or concluded by a guilty plea to the original
charge, or a dismissal of the charge(s). A failure of the
defendant to be present at the readiness hearing will result
in the issuance of a bench warrant for failure to appear and
the vacating of the jury trial date. The requirements of
this rule can be waived only by the judge assigned to the
case or the Presiding Judge of the Grant County District Court.
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 pre-trial hearing.
Motions shall not be considered at the time of trial unless
they could not have been raised at the time of the pre-trial
hearing or the judge at the time of the pre-trial 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 prosecutor at least 48 hours before the pre-
trial hearing. Witnesses necessary to establish issues of
fact or law on motions shall be subpoenaed by moving party.
In the event lengthy motions or motions requiring
witnesses to be subpoenaed or scheduled cannot be heard at
the pre-trial conference due to time limitations or
scheduling conflict, the moving party shall notify the
clerk's office so that the matter may be given a special
setting.
LIRLJ 2.6(c)
DECISION ON WRITTEN STATEMENTS
Decision on written statements, given under penalty of
perjury, are allowed.
LIRLJ 3.1
CONTESTED HEARINGS - PRELIMINARY PROCEEDINGS
(a)(1) Subpoenas. In contested cases, the defendant
and the plaintiff may subpoena witnesses necessary for the
presentation of their respective cases. The request for a
subpoena may be made in person or by mail. In order to
request a subpoena, the request must be made in writing
informing the clerk of the court of the name and address of
the witness and of the date of the contested hearing. The
subpoena may be issued by a judge, court commissioner, clerk
of the court, or by a party’s attorney. The responsibility
for serving subpoenas on witnesses, including law
enforcement witnesses and the Speed Measuring Device Expert
(SMD Expert) is upon the party requesting the subpoena.
Such subpoenas may be served as stated in IRLJ 3.1(a).
(2) Timeliness. In cases where the request for a
subpoena is made 14 days or less prior to the scheduled
hearing, the Court may deny the request for the subpoena or
condition the issuance of the subpoena upon a continuance of
the hearing date. (See following rule for time frame for
Speed Measuring Device Expert.)
(3) 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. 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. In
cases where either party requests a Speed Measuring Device
Expert (SMD Expert), those cases shall be consolidated to
the extent possible on one calendar. (See Exhibit LIRLJ
3.1(a)(3).)
(4) Costs and Witness Fees. Each party is
responsible for costs incurred by that party, including
witness fees, as set forth in RCW 46.63.151. In cases where
a party requests a witness to be subpoenaed, the party
requesting the witness shall pay the witness fees and
mileage expenses due that witness. Any person who requests
production of an electronic speed measuring device expert,
and who is thereafter found by the court to have committed
the infraction, shall be required to pay the fee charged by
the expert as a cost incurred by that party.
LIRLJ 3.1(b)
PLAINTIFF'S LAWYER
Plaintiff's lawyer for discovery purposes would be the
Grant County Prosecuting Attorney. Notice sent to the court
clerk is ineffective. A request for discovery may require
that the court date be reset to a date when the prosecutor
is in court.
LIRLJ 6.2(a)
NO VALID OPERATORS LICENSE - SHOW LICENSE
If a defendant is charged with the infraction of
driving a motor vehicle without having a valid driver’s
license issued to Washington residents pursuant to RCW
46.20, and that defendant presents a valid license or
satisfactory evidence that the defendant has obtained a
valid driver’s license to the court clerk, then the bail for
the offense shall be reduced to $150.00 and the defendant
will be entitled to post and forfeit that penalty without
the need to appear in court on that charge.
[Amended effective September 1, 2004]
LIRLJ 6.2(b)
INSURANCE - SHOW PROOF
If a defendant is charged with driving a motor vehicle
without having proof of valid insurance pursuant to RCW
46.20, and that defendant presents satisfactory evidence
that they have obtained valid insurance to the court clerk,
then the bail for the offense shall be as set forth below
and the defendant will be entitled to post and forfeit that
penalty without the need to appear in court on that charge.
i) insurance in effect at the time of the citation: $25.00
ii) 1st offense: $ 150.00
iii) 2nd offense: $ 200.00
iv) 3rd offense: $ 250.00
v) subsequent offense(s) – court appearance mandatory
[Amended effective September 1, 2004]
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