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GRAYS HARBOR COUNTY DISTRICT COURT
LOCAL COURT RULES
Table of Rules
I. Local Administrative Rules
LAR 5 Court Organization; Presiding Judge
LAR 11 Office Hours
II. Local Civil Rules
LCR 26 Discovery
LCR 30 Depositions Upon Oral Examination
LCR 33 Interrogatories to Parties
LCR 34 Requests for Production of Documents and Things
LCR 38 Civil Jury Trial
LCR 40 Assignment of Civil Cases for Trial
LCR 41 Dismissal of Actions
LCR 54 Attorney Fees and Costs
LCR 65 Small Claims
LCR 66 Name Changes
III. Local Criminal Rules
3. Rights of Defendants
LCrR 3.1(e) Automatic Withdrawal of Attorney Appointed at Public Expense
LCrR 3.2 Bail Schedule
LCrR 3.2(m) Bail in Criminal Cases
LCrR 3.2(n) Domestic Violence Cases - Repealed July 1, 2007
LCrR 3.3(h) Continuances
4. Procedures Prior to Trial
LCrR 4.5 Pre-trial Hearing
LCrR 4.8 Notification of Court and Witnesses
LCrR 5.1.1 Jury Trial - Confirmation - Notification of Court
LCrR 5.1.2 Bench Trial - Confirmation - Notification of Court
LCrR 6.1.1 Jury Trial - Waiver
8. Miscellaneous
LCrR 8.2 Motions
LCrR 8.2(f) No Contact Orders
LCrR 8.5 Return of Exhibits
IV. Local Infraction Rules
LIR 2.4 Time Payments on Infractions
LIR 3.3 (b) Representation by Lawyer - Repealed 11/04/2009
LIR 3.5 Decisions on Written Statements
LAR 5
Court Organization; Presiding Judge
(a) Court Organization; Departments. The Grays Harbor
County District Court district includes all of Grays Harbor
County. Grays Harbor County District Court has two
departments: Department No. 1, located in Montesano,
Washington, and Department No. 2, located in Aberdeen,
Washington. The district judges are authorized to hear
cases in either department.
[Adopted effective September 1, 1999; Amended effective September 1, 2003.
(b) Assignment and Filing of Cases by Departments.
(1) All cases filed with the Grays Harbor County District
Court shall be filed, maintained and heard in the department
designated by the Presiding Judge.
(2) Pursuant to a reorganization of the court in 2003,
Dept. 1 will be designated as the department where all
criminal cases will be filed and heard, and Dept. 2 will be
designated as the department where all civil cases will be
filed and heard.
(3) The Presiding Judge may order the transfer of any case
to another judge or department to assure the expeditions and
efficient handling of all cases and equal distribution of
the case load among the district judges. In the event of
recusal or other disqualification of a department’s judge,
the court administrator shall cause the case to be heard by
another judge, visiting judge or judge pro tempore. The
case file shall not be transferred to another department
unless ordered by the Presiding Judge.
[Adopted effective September 1, 2003.]
LAR 11
Office Hours
At least one of the two Grays Harbor County District Court
departments and offices with a clerk in attendance shall be
open to the public each judicial day, except Saturday, from
8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m.
[Adopted effective September 1, 1999; Amended effective September 1, 2003.]
LCR 26 Discovery.
(a) Limited Discovery Permitted. Except as provided in LCRLJ 30,
33,and 34, the procedures authorized by Rules 26 - 37 of the
Superior Court Civil Rules (CR) applicable for use in the
Superior Court may be available only upon prior permission of the
court. Appropriate sanctions as permitted by CR 37 will be
applicable for a party's failure to comply with LCR 30, 33, and 34.
{Adopted effective September 1, 1999.}
LCR 30 Depositions Upon Oral Examination.
(a) Deposition of a Party. A party will be entitled to take one
deposition of another party without prior permission of the
court, and in accordance with CR 30.
{Adopted effective September 1, 1999.}
LCR 33 Interrogatories to Parties.
(a) Limited Interrogatories without Prior Approval of the Court.
Any party may serve upon any other party not more than one set of
written interrogatories containing not more than thirty
questions, including those authorized by CRLJ 26(b), without
prior permission of the court. Separate sections, paragraphs or
categories contained in one interrogatory shall be considered
separate questions for the purpose of this rule.
{Adopted effective September 1, 1999.}
LCR 34 Requests for Production of Documents and Things.
(b) Limited Request for Production. A party will be entitled to
request the production of five separate sets or groups of
documents or things, including those authorized by CRLJ 26(b),
without prior permission of the court.
{Adopted effective September 1, 1999.}
LCR 38 Civil Jury Trial.
(a) Demand. The request for jury trial in civil cases shall be
by filing a demand with the clerk and paying the jury fee not
later than the date of serving and filing a request for a trial
setting. Failure to comply with this rule is a waiver of the
right to a jury trial.
{Adopted effective September 1, 1999.}
LCR 40
Assignment of Civil Cases for Trial
(a) Civil Motions/Trial Setting Calendar. Civil motions and requests for trial
settings shall be scheduled as follows:
Dept. 2: Days and times as determined by the Presiding Judge. Contact the
court office for more information.
[Adopted effective September 1, 1999; Amended effective September 1, 2003.]
(b) Method. A party desiring have a trial date set for a case shall file with
the court and serve upon all parties a request for trial setting at least 5
days prior to the time provided by this rule for setting causes for trial. All
other parties shall serve and file a similar request or appear at the date and
time the cause is to be set. The initial request for trial setting shall be
accompanied by a list of the names and addresses of all persons entitled to
notice. All parties have the obligation to inform the court promptly of any
errors or changes in this list. Each party and their attorney should include
in their request for trial setting a schedule of unavailable dates.
(c) Notice to Court of Calendar and Trial Changes. Whenever a cause which has
been set for trial is settled or will not be tried for any reason, or if a jury
is subsequently waived, the attorneys shall immediately give notice to the
court. The court may assess actual costs or other sanctions for a violation of this rule.
LCR 41 Dismissal of Actions.
(b) Dismissal on Clerk's Motion. In all civil cases where there
has been no action of record due in the twelve months just past,
the clerk shall mail notice to the parties or their attorneys of
record that such case will be dismissed for want of prosecution
unless within thirty days following said mailing, action of
record is made or an application in writing is made to the court
and good cause shown why it should be continued as a pending
case. If such application is not made or good cause is not
shown, the court shall dismiss each such case without prejudice.
The costs of filing such order of dismissal with the clerk shall
not be assessed against either party.
LCR 54 Attorney Fees and Costs.
(a) Reasonable Attorney Fees; Proof Required. Reasonable
attorney fees when allowed by statute or contract will be
determined on a case by case basis and awarded in the sound
discretion of the court upon satisfactory proof, which may
include documentation of time and charges.
(b) Default Judgment; Fees Allowed without Justification. In
appropriate cases, when a Default Judgment is entered, reasonable
attorney fees may be allowed on the basis of a maximum of 50% of
the first $500 of the principal amount of the judgment, plus 10%
of any balance over $500, without formal justification or
documentation.
(c) Original Note or Check Required; Offer of Settlement After
Appearance or Answer. The original note and any checks sued
upon shall be filed as a condition for the award of reasonable
attorney fees and collections costs. In all other cases where
reasonable attorney fees are claimed either by virtue of a
written instrument or a bona fide offer of settlement in a claim
for damages, a copy of the offer of settlement together with
proof of service or copy of the written instrument shall be
filed. An attorney fee as provided for in RCW 4.84.250-.310
shall not be awarded upon a default judgment except when either a
Notice of Appearance or responsive pleading (other than a consent
to judgment) has been filed and an offer of settlement is served
thereafter pursuant to statute or court rule.
{Adopted effective September 1, 1999.}
LCR 65
Small Claims
(a) Filing. Small Claims cases shall be filed on a form approved by the Court.
[Adopted effective September 1, 1999; Amended effective July 1, 2007.]
(b) Mediation Mandatory. Mediation is mandatory before a trial is
allowed. A date for mediation will be set on or after the return
calendar. All parties must attend the mediation. If the plaintiff
fails to appear, a dismissal will be entered. If the defendant fails
to appear, defendant's answer will be stricken and a default judgement
entered. Parties must bring their evidence to the mediation, however,
no witnesses are allowed. The purpose of mediation is to provide the
parties an opportunity to settle the case if possible without a trial;
if no settlement is made after mediation, the court will set a trial
date. Attorneys and paralegals may not represent parties at
mediation. If the parties have already submitted the case to another
type of mediation or arbitration service, or if the court finds good
cause to waive mediation, the case may proceed directly to trial.
[Adopted effective July 1, 2007.]
(c) Continuance of Mediation and Trial of Small Claim Cases. Any
party requesting a continuance of a scheduled mediation session or
small claim case must contact the court in writing and explain the
circumstances which may require the mediation session or trial to be
continued to another date and time. If all parties agree to a
continuance, the court will grant the request. If all parties do not
agree, the case may be continued by the Court upon a showing of good
cause for a continuance. If the request is not granted by the court,
the mediation and trial will proceed as currently scheduled. The
Court, upon its own motion, may continue a trial for any reason.
[Adopted effective July 1, 2007.]
LCR 66 Name Changes.
(a) Separate Petitions Required. A separate petition shall be
filed for each name a party wishes changed.
{Adopted effective September 1, 1999.}
(b) 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.
{Adopted effective September 1, 1999.}
2) Parental Notification. A parent or guardian who has not
consented in writing to a minor's change of name and whose
parental rights have not been previously terminated must be given
actual notice or notice by publication as provided in CRLJ 4.
{Adopted effective September 1, 1999.}
3) Notice by Publication. Publication of a single notice in a
newspaper of general circulation in the county of the parent or
guardian's last known residence shall be sufficient so long as
the notice contains a hearing date, the name of the minor, the
name the petitioner desires the child to assume, and sets for the
reasons for requesting the change of name.
{Adopted effective September 1, 1999.}
(c) Form of Order. An Order for Name Change should conform to
the format required by Chapter 65.04 RCW to facilitate recording
with the County Auditor.
{Adopted effective September 1, 1999.}
LCrR 3.1(e) Automatic Withdrawal of Attorney Appointed at Public Expense.
Unless a Notice of Appeal has been filed, an attorney
appointed at public expense shall be deemed automatically
withdrawn from representation thirty days following a final
decision of the court as defined in RALJ without need to file any
document with the court.
{Adopted effective September 1, 1999.}
LCrR 3.2
Bail Schedule
The court shall periodically publish a bail schedule, which will include any
bail schedule and penalty schedule promulgated by the Supreme Court of the
State of Washington. The schedule will also include appearance days and times.
The schedule shall be provided to all law enforcement agencies within the
county. The bail schedule shall be intended as a guideline, but shall not be
construed as limiting the authority of the court in individual cases to set
bail in a different amount.
[Adopted effective September 1, 1999.]
LCrR 3.2 (m)
Bail in Criminal Cases
When required to reasonable assure appearance in court, bail for a person
arrested for the offenses listed in CrRLJ 3.2(m) - (s) shall be the amount
listed therein. The court for good cause recited in a written order may set a
different amount. Forfeiture of bail shall not constitute a final disposition
for offenses listed in CrRLJ 3.2(m) without a written order of the court
showing the reasons.
[Adopted effective September 1, 1999; Amended effective July 1, 2007;
Amended effective September 1, 2009.]
LCrR 3.2 (n)
Domestic Violence Cases
[Repealed effective July 1, 2007].
LCrR 3.3(h) Continuances.
A motion for continuance of trial must be filed on or before the date
set for pre-trial hearing, unless circumstances beyond the control
of the moving party prevent such motion from being timely filed.
{Adopted effective September 1, 1999.}
LCrR 4.5 Pre-trial Hearing.
(a) All cases scheduled for jury trial shall be set for
pre-trial hearing. The court should set all pre-trial
hearings no later than 45 days after arraignment.
The prosecutor, defense counsel and the
defendant shall attend the pre-trial hearing. If the
defendant fails to appear for the pre-trial hearing, a
warrant for the arrest of the defendant may issue. If the
prosecutor or defense counsel fails to appear at the pre-
trial hearing, the court may impose terms and any other
sanctions authorized by law, and the court may continue or
strike any scheduled hearing or trial date.
[Adopted effective December 1, 1987; Amended effective
September 1, 2001.]
LCrR 4.8 Notification of Court and Witnesses.
When a case docketed for trial or other hearing is settled or will
not otherwise proceed to hearing, the parties shall immediately give
notice of that fact to the court. It shall be the duty of each
party to notify its own witnesses, not only of the date and time
of trial, but also of continuances, pre-trial hearings, motions
and other proceedings. The court will not pay witness fees to
witnesses who appear for a case that has been continued or
settled without trial or hearing. Such costs shall be borne by
the party, or attorney, who called, subpoenaed or requested a
subpoena for the witness.
{Adopted effective December 1, 1987; Amended effective September 1, 1999.}
LCrR 5.1.1
Jury Trial - Confirmation - Notification of Court
(a) All cases set for a jury trial will also be set for a Confirmation Hearing
prior to the jury trial date. The prosecutor, defense counsel and the defendant
shall attend the confirmation hearing. If the defendant fails to appear for the
confirmation hearing, a warrant for the arrest of the defendant may issue, and the
court may continue or strike any scheduled hearing or trial date. If the
prosecutor or defense counsel fails to appear at the pre-trial hearing, the court
may impose terms and any other sanctions authorized by law, and the court
may continue or strike any scheduled hearing or trial date. At the Confirmation
Hearing, all parties are expected to verify readiness to proceed to trial, or to
propose an alternate disposition. When a case 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. The court may impose terms including requiring payment of
the actual costs of the jury in the event a case settles after the Confirmation Hearing.
[Adopted effective September 1, 1999; Amended effective October 1, 2000;
Amended effective September 1, 2009.]
LCrR 5.1.2
Bench Trial - Confirmation - Notification of Court
(a) All cases set for trial to the court without a jury may be set for a
Confirmation Hearing prior to the trial date. The prosecutor, defense counsel
and the defendant shall attend the confirmation hearing. If the defendant
fails to appear for the confirmation hearing, a warrant for the arrest of the
defendant may issue, and the court may continue or strike any scheduled hearing
or trial date. If the prosecutor or defense counsel fails to appear at the pre-
trial hearing, the court may impose terms and any other sanctions authorized by
law, and the court may continue or strike any scheduled hearing or trial date.
At the Confirmation Hearing, all parties are expected to verify readiness to
proceed to trial, or to propose an alternate disposition. When a case assigned
for trial to the court is settled or will not be tried for any reason, notice
of that fact shall be given immediately to the court. The court may impose
terms in the event a case settles after the Confirmation Hearing.
[Adopted effective September 1, 2003; Amended effective July 1, 2007;
Amended effective September 1, 2009.]
LCrR 6.1.1 Jury Trial - Waiver.
A defendant that is charged with a criminal offense punishable by a
loss of freedom should be scheduled for a jury trial, unless
specifically waived by the filing of a Jury Trial Waiver prior to trial.
{Adopted effective September 1, 1999.}
LCrR 8.2 Motions.
CrRLJ 8.1(c) and CrRLJ 8.2 shall govern motions in criminal cases.
{Adopted effective December 1, 1987; Amended effective September 1, 1999.}
LCrR 8.2(f) No Contact Orders.
A request to extinguish or modify No Contact Order in a Domestic
aViolence case may only be made by a party to the case and must be
in writing. 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, 1999.}
LCrR 8.5 Return of Exhibits.
Every exhibit in a criminal case will be returned to the party/or
attorney who produced that exhibit for identification. The return
shall be made upon written application, two weeks following
termination of the time for appeal. Exhibits not requested to be
returned during that period by the producing attorney or party
may be delivered by the court clerk to the local police authority
for disposition as abandoned property; or if contraband, for
destruction. No exhibit shall be withdrawn or delivered without
being receipted for by the receiving party.
{Adopted effective December 1, 1987; Amended effective September 1, 1999.}
LIR 2.4 Time Payments on Infractions.
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 by signing a court
approved time payment agreement.
{Adopted effective September 1, 1999.}
LIR 3.1 MOTIONS
All motions in infraction cases shall be governed by CRLJ 7(b).
Motions shall be filed and served no later than 3 days prior to the
scheduled hearing date unless the court orders otherwise.
[Adopted effective July 1, 2007.]
LIR 3.3 (b)
Representation by Lawyer
[Repealed effective November 4, 2009.]
LIR 3.5 Decisions on Written Statements.
Upon the request of the defendant made in writing at least 1 day prior to
the date and time set for a contested hearing, the court may consider
and decide the case on the basis of written statements, according to
the procedure set forth in IRLJ 3.5, as now or hereafter amended.
The court may also decide cases set for mitigation hearing on the
basis of written statements upon request of the defendant.
{Adopted effective September 1, 1999.}
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