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Jefferson County District Court
Local Court Rules
Table of Rules
I. Administratve Rules
LARLJ 2. Scope of Rules and Adoption
LARLJ 5. Court Administrator and Probation Officers
LARLJ 9. Disclosure of Records
II. Civil Proceedings
LCRLJ 5. Service and Filing of Pleadings and Other Papers
LCRLJ 10. Form of Pleadings
LCRLJ 38. Jury Trial
LCRLJ 40. Assignment of Cases
LCRLJ 43. Taking of Tesitmony
LCRLJ 49. Verdicts
LCRLJ 54. Judgments and Costs
LCRLJ 55. Default
LCRLJ 58. Entry of Judgments
LCRLJ 59. New Trial, Reconsideration and Amendment of Judgments
LCRLJ 69. Execution and Supplemental Proceedings and Garnishments
LCRLJ 79. Books and Records Kept by the Clerk
III. Criminal Matters
LCrRLJ 1.5. Style and Form
LCrRLJ 2.3. Search and Seizure
LCrRLJ 2.5. Procedure on Failure to Obey Citation and Notices to Appear
LCrRLJ 3.2. Release of Accused
LCrRLJ 3.3. Time for Trial
LCrRLJ 4.1. Arraignment
LCrRLJ 4.2. Procedure Upon a Plea of Guilty
LCrRLJ 4.5. Pretrial Hearing
LCrRLJ 6.3. Selecting the Jury
LCrRLJ 6.13. Evidence - Court's Custody of Exhibits
LCrRLJ 7.6 Probation Fees
LCrRLJ 8.2. Motions
IV. Infractions
LIRLJ 3.3. Procedure at Contested Hearing
LIRLJ 3.5. Decision Of Written Statements
LIRLJ 6.2. Monetary Penalty Schedule
LIRLJ 6.6. Speed Measuring Device; Design And Construction Certification
V. Small Claims Procedures
LRSC 1. First Appearance
LRSC 2. Trial
LRSC 3. Continuance of Mediation or Small Claim Trial.
LRSC 4. Discovery
VI. Special Proceedings
LRSP 1. Name Changes
LRSP 2. Unlawful Harassment Proceedings
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 Jefferson County. These rules will be
effective on September 1, 1999 and will supersede all prior
rules of this court. These rules conform, to the extent
possible, with 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. 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.
(c) Prior Rules Repealed. All prior rules of the Jefferson
County District Court are repealed upon adoption of these
rules.
LARLJ 5. COURT ADMINISTRATOR AND PROBATION OFFICERS
(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.
[Amended effective September 1, 2002]
LARLJ 9.
DISCLOSURE OF RECORDS
All requests for release of records/information shall be governed by
the Judicial Information System Committee's Data Dissemination Policy,
GR 31, and ARLJ 9.
(d) Court Assistance.
(3) Court facilities are available to the public to assist disclosure.
A copy fee of $.15 per page or $10.00 per CD/tape shall be charged.
Certified copies shall be $6.00 per document.
LCRLJ 5.
SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
(d) Filing.
(5) Motions. No motion for any order shall be heard unless
the papers pertaining to it have been properly filed with the Clerk.
(6) Documents not to be filed:
(i) Interrogatories and depositions without written
permission of Court, unless necessary for the
disposition of a motion or objection;
(ii) Unanswered requests for admissions unless
necessary for the disposition of a motion or objection;
(iii) Photocopies of reported cases, statutes, or
texts, whether appended to a brief or other pleading,
shall not be filed but may be furnished directly to the
Judge hearing the matter;
(iv) Documents or copies thereof which should be
received and/or admitted as an exhibit rather than
included in the court file.
(v) Requests for discovery and/or answers unless
necessary for the disposition of a motion or objection.
(7) Offers of Settlement. An offer of settlement made
pursuant to Chapter 4.84 of the Revised Code of Washington
shall not be filed or communicated to the trier of fact in
violation of Section 4.84.280 of the Revised Code of
Washington prior to the completion of trial. A violation of
this order shall result in the denial of attorney's fees. (See LCRLJ 68)
(j) Service by Facsimile; see GR 17. Service by facsimile
shall be allowed only under the following conditions:
(1) The party or attorney of record to whom service is
delivered has a publicly available fax number or has given
written consent to receive fax service to the sending party
or attorney;
(2) The attorney or party sending the document via fax shall
retain the original signed document until 60 days after
completion of the case. Documents to be transmitted by fax
shall bear the notation: "SENT on (DATE) VIA FAX FOR FILING IN COURT.
(3) Documents transmitted by fax shall be letter size (8-1/2
by 11 inches). Documents over 10 pages in length may not be
served by fax without prior approval of the receiving party.
(4) Any document transmitted by fax must be accompanied by a
fax transmittal sheet in a form that includes the case
number (if any), case caption, number of pages, the sender's
name, and the senders voice and facsimile telephone numbers.
Transmittal sheets are not considered legal filings.
(5) A document transmitted directly to the receiving party
shall be deemed received at the time the receiving party's
fax machine electronically registers the transmission of the
first page, regardless of when final printing of the
document occurs, except that a document received after the
close of normal business hours shall be considered received
the next judicial day. If a document is not completely
transmitted, it will not be considered received. A document
transmitted to another for filing with the clerk of the
court will be deemed filed when presented to the clerk in
the same manner as an original document.
(k) Fees for Facsimile Filing. The standard fee for faxing
to or from the clerk shall be $3.00 for the first page and
$l.00 for each page thereafter
(l) Service by Email. See GR 30.2 (d)
LCRLJ 10. FORM OF PLEADINGS
(f) Change of Address. Upon a change of office address, the
attorney shall within 10 days after the change, furnish
his/her Washington State Bar Association Membership Number,
the previous address and telephone number, clearly
identified as such, the new address and telephone number,
clearly identified as such, and the effective date of the
change.
(g) Change of Name. Upon a change of the attorney's name,
the attorney shall furnish his or her Washington State Bar
Association Membership Number, the previous name, clearly
identified as such, the full new name, clearly identified as
such, and the effective date of the change.
LCRLJ 38
JURY TRIAL
(d) Impaneling the Jury.
(7) Random selection
On the day of trial, the jurors shall sign in on the computer
print-out provided by the Jury Manager After all of the jurors
have signed in, the Bailiff shall deliver the sign-in sheet to the
jury manager. The jury manager will randomly assign a number to
each name. The list of assigned numbers shall be given to the
Bailiff who will distribute juror numbers. . Any jurors wishing
to be excused from serving on the trial shall be brought before
the judge and examined in the presence of the parties. Those not
excused shall be returned to the bailiff, who will then seat the
panel in the courtroom in numerical order.
(8) Juror Questionnaires. At the conclusion of voir dire, Juror
Questionnaires and/or any juror information forms shall be
immediately returned to the Court. Juror Questionnaires and/or
any juror information forms shall not be copied or removed from
the courtroom without the express permission of the trial judge.
The jury questionnaires will be destroyed after the jury is impaneled.
LCRLJ 40. ASSIGNMENT OF CASES
(b) Methods.
(1) Note for Trial Setting. Any party desiring to bring
any issue to trial may note the matter on the civil motion
calendar. The Court Administrator shall schedule all trial
dates. The party desiring to set a civil case for trial
shall file with the Court and serve upon the opposing party
a Note for Trial Setting which will include not less than
three (3) proposed dates during which the matter can be
tried. If any of these proposed dates are satisfactory to
the opposing party, he or she will notify the Court
Administrator within five (5) days of receiving the Note for
Trial Setting and trial shall be set for that date.
(2) Attendance at Trial Setting - Contested Setting. If
setting of trial date is contested, the trial setting shall
be presented to the court for assignment of trial date.
(3) Stipulation for Trial Date. At any time that all
counsel can agree on an available trial date from the
calendar, they can indicate their agreement to the clerk of
the court on the Note of Trial Setting form.
(4) Priority Setting. To obtain a priority civil setting,
the requesting party shall note the matter for trial
setting, as set out above, indicating that a priority
setting is requested. Any priority setting shall be
supported by an affidavit which sets out the basis for the
request. No case shall be set as a priority without court
order.
(5) When a case is not tried on the date set, the parties
are responsible for renoting the matter for trial setting.
(e) Continuances.
(1) Trials - Written Motion. All requests for a continuance
shall be presented by written motion and affidavit after notice
to the opposing party or by stipulation and agreed order. If
there is no agreement by the parties, the court will grant a
continuance only upon a showing of good cause. Twenty-four (24)
hours prior notice to the opposing party will meet the
requirements of this subsection. Except where the case has been
preempted or where the order of continuance recites the new trial
date, no case will be reset until the order of continuance has
been filed.
(2) Good Cause. The following shall be examples of good
cause:
(i) Illness.
(ii) Unavoidable, unforeseen conflicts.
(iii) Unforeseen unavailability of witnesses.
(iv) Lack of discovery when caused by the opposing party's
conduct or newly discovered evidence requiring investigation.
(3) Payment of Terms and Costs. If a continuance is granted it
shall be upon the condition that the moving party shall pay all
appropriate costs and terms reflecting inconvenience to others
occasioned by the continuance.
(4) Emergency Suspension. The court may, in cases of emergency,
suspend the requirements set forth in this rule and require such
verification as is reasonable.
(g) Motion Setting - Civil.
(1) Filing Note for Hearing. The Note for Hearing - Issue
of Law must be served and filed no later than ten (10) days
prior to the hearing (CRLJ 6 and CRLJ 40). Any responding
documents must be served and filed at least seven (7) days
before the hearing. Reply documents must be served and
filed at least two (2) days before the hearing. In the
event a motion, or one continued from a prior date, is to be
argued, counsel for the moving party shall notify the
District Court Civil Clerk by 12:00 Noon, two (2) days
before the hearing. Failure to comply with the provisions
of this rule shall result in the motion being stricken from
the motion calendar.
(2) Motion Setting - Summary Judgment. Motion for summary
judgment and dismissal must be served and filed at least
twelve (12) days prior to the hearing (CRLJ 56) and heard at
least two (2) weeks prior to the date the case is set for
trial. The motion shall be set in accordance with the
provisions of paragraph (b) above; and a continuance may be
granted only in accordance with the provisions of paragraph
(e) above.
(3) Filings of Motions. Memoranda and Affidavits -
General. The moving party shall file with the Note for
Hearing-Issue of Law form, the following: The motion being
noted, all supporting affidavits and documentary evidence,
and a brief memorandum of authorities, unless the legal
position is fully and adequately covered by the
"authorities" section of the issue of Law form. If the
responding party files a response to the issue of law, or
any counter-affidavits, briefs, or memoranda of authorities,
such document must be served and filed no later than five
(5) days before the hearing. The responding party must also
file any pleading to which the motion is directed. Failure
to timely comply with these filing requirements may result
in a continuance or the motion being stricken from the
calendar and imposition of terms.
(4) Length of Memoranda. Memoranda relating to motions
shall not exceed fifteen (15) pages. Attached copies of
foreign and federal decisions are not included in the
fifteen (15) page limitation. Waiver of page limitations
may be granted only upon motion demonstrating good cause
which may be heard ex parte.
(5) Copies of Motions, Memoranda and Affidavits. A copy of
the motion, brief, memorandum, documents and affidavit shall
be furnished to the Clerk at the time of filing for delivery
to the assigned Judge for preparation. Responding briefs,
memoranda and other documents shall be filed with copies
provided for the preparation of the assigned Judge. Failure
to comply with this requirement may result in a continuance
and imposition of terms.
(6) Motion Hearing Procedures. Oral argument on motions
shall be limited to ten (10) minutes for each side unless
the Judge determines otherwise, in which case the motion may
be placed at the end of the calendar.
LCRLJ 43. TAKING OF TESITMONY
(e) Evidence on Motions.
Motions shall be heard only on the pleadings, affidavits,
published deposition, and other papers filed unless
otherwise directed by the Court. Any counter-affidavit
shall be served on the opposing party within five (5) days
before the hearing or the moving party shall have the option
of a postponement of the hearing. Affidavits strictly in
reply to a counter-affidavit may be served and considered at
the hearing.
LCRLJ 49. VERDICTS
(f) Manner of Giving Verdict.
(1) Receiving Verdict During Absence of Counsel. A party
or attorney desiring to be present at the return of the
verdict must remain in attendance at the courthouse or be
available by telephone call. If a party or attorney fails
to appear within ten (10) minutes of telephone notice to the
attorney's office, home, or other number, the Court may
proceed to take the verdict in the absence of such party or
attorney. In such case, the Jury shall be individually
polled and the identity of any dissenting jurors recorded.
LCRLJ 54. JUDGMENTS AND COSTS
(c) Demand for judgment.
(1) Method - Ex Parte Judgments and Orders. Counsel, legal
interns and registered legal assistants presenting a
judgment or seeking entry of an order shall be responsible
to see that all papers pertaining thereto are filed and that
the court file is provided to the judge. Counsel may present
routine ex parte or stipulated matters based on the record
in the file by mail addressed to the Court Administrator.
Self-addressed, stamped envelopes shall be provided for
return of any conformed materials and/or rejected orders.
(d) Costs - Attorney Fees.
(1) 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 justification, which shall include
documentation of time and charges. In appropriate cases,
when a default judgment is entered, where authorized and
instead of those statutory fees set by RCW 12.20.060,
reasonable attorney's fees may be allowed on the basis of a
maximum of 50% of the first $500.00 of the principal amount
of the judgment, plus 10% of any balance over $500.00,
without formal justification or documentation.
(2) If reasonable attorney fees are requested based on a
contract provision, the contract provision must be
conspicuously highlighted or underlined to be readily
ascertainable.
(3) Specific citation of authority must accompany requests
for reasonable attorney's fees on any basis other than
contract provision.
(4) Statutory attorney's fees may be granted when
reasonable attorney's fees are not authorized. (See RCW
12.20.060).
(5) Assigned Claims. Before costs and attorney's fees will
be allowed by the Court on assigned claims, proof shall be
furnished the Court that Notice and Demand for Payment of
disputed amount has been sent to the defendant by the
assignee, and he/she has had reasonable opportunity of not
less than thirty (30) days to pay the disputed amount prior
to the suit. Reasonable attorney's fees, when allowed,
shall not exceed either ten percent (10%) of the disputed
amount, or the statutory attorney's fee, whichever is
greater unless there is documentation of time and charges.
A statutory attorney's fee shall be allowed when the amount
in dispute is paid any time prior to trial on assigned
claims. A reasonable attorney's fee shall not be allowed
absent satisfactory justification including documentation of
time and charges.
(6) 'Offer of Settlement' under RCW chapter 4.84 means a
written offer served in the manner provided by CRLJ 5 for
service of pleadings, and in an amount as set by the
pleadings. A cross-claim will be treated (between cross-
claimant and cross-claim defendant) as if it were a separate
action.
(7) An offer of settlement must be served after the time
the answer or the response to any counter-claim has been
served and no later than fourteen (14) days before the trial
date. The acceptance of any offer of settlement must be
served no later than five (5) judicial days prior to the
trial date. An acceptance must be in writing and must be
served in the same manner as is required for an offer of
settlement.
(8) The offer of settlement shall be substantially in the
following form:
Jefferson County District Court
State of Washington
______________________ )
Plaintiff ) No. _____________
v. ) OFFER OF JUDGMENT
_____________________ )
Defendant )
The party named below, in total settlement of this damage
action, offers to allow judgment to be entered in this
lawsuit against the defendant in the sum of $ ________, plus
court costs. This offer is made pursuant to RCW 4.84.250
through RCW 4.84.300.
If you wish to accept this offer, you must do so, by
written notice, to the undersigned attorney and file a copy
of your response with the court named above. The response
must be served within ten (10) days, and not later than five
(5) days before trial.
If you do not accept this offer within that time period,
and the offeror subsequently obtains a judgment which is at
least as favorable to the offeror, the amount of the
judgment may be increased by an award of additional costs
and/or reasonable attorney's fees as authorized by RCW
4.84.250 through RCW 4.84.300, CRLJ 68, and LCRLJ 54.
Name of Offeror: ___________________________________
Date: ___________________________________
Attorney for Offeror: ___________________________________
Address: ___________________________________
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 counsel of record, or if none, by motion of
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 a negotiable
instrument, the original negotiable instrument;
(iii) on causes of action based on a retail sales
contract, chattel mortgage, or conditional sales
contract, the original contract (or a copy if the
original has been filed with a government 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 an 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 allowed
by the lease;
(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:
Property damage may be proved by repair bills or
estimates;
Loss of use claims, loss of wages, and pain and
suffering shall be proved by oral testimony;
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.
(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 attorneys 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 the plaintiff's collection costs is
filed with the court.
LCRLJ 58. ENTRY OF JUDGMENTS
(k) Judgment on a Promissory Note.
No judgment on a promissory note will be signed until the
original note has been filed with the Court, absent proof of
loss or destruction.
LCRLJ 59. NEW TRIAL, RECONSIDERATION,
AND AMENDMENT OF JUDGMENTS
(k) A motion for reconsideration shall be submitted on
brief and affidavits only, without oral argument, unless the
trial judge on application from counsel or on his own motion
allows oral argument. The moving party shall file the
motion and all supporting affidavits, documents and briefs
at the same time, and on the date of filing serve or mail a
copy thereof to opposing counsel, deliver a copy thereof to
the trial judge which copy shall show the date of filing.
The trial judge shall either deny the motion and advise
counsel of the ruling or advise counsel of desired further
proceedings pursuant to CR 59 and this rule.
LCRLJ 69. EXECUTION AND SUPPLEMENTAL
PROCEEDINGS AND GARNISHMENTS
(b) Supplemental Proceedings.
(1)In all supplemental proceedings wherein a show cause
order is issued pursuant thereto requiring the personal
attendance of a party to be examined in open Court, and in
orders to show cause in re contempt, the order to show cause
must include the following words in capital letters:
YOUR FAILURE TO APPEAR AS SET FORTH AT THE TIME,
DATE, AND PLACE THEREOF MAY CAUSE THE COURT TO
ISSUE A BENCH WARRANT FOR YOUR APPREHENSION
AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE
MATTER CAN BE HEARD, UNLESS BAIL IS FURNISHED AS
PROVIDED IN SUCH BENCH WARRANT.
The failure to include such wording will be grounds for the
Court to refuse to issue a bench warrant.
(2) Bench Warrant. In the event the judgment debtor fails
to appear for examination in supplemental proceedings, the
Court may issue a Bench Warrant for the defendant's arrest
upon plaintiff's motion, provided that proof of service on
the judgment debtor of the order to appear for examination
has been filed. Such Bench Warrant shall provide for bail
in the amount of $250.00 unless the total judgment,
including costs and fees, is less than $250.00, in which
case bail shall be set at such lesser amount. Upon arrest
on a Civil Bench Warrant, the defendant shall be released by
the jail upon posting the bail amount in cash or surety
bond. The jail shall require the defendant to sign a jail
release form to appear at 1:15 p.m. the next judicial day
before the Court Administrator. The Court Administrator
shall set a new date and time for the Supplemental
Proceeding and notify both parties. If the judgment debtor
is not released on bail or bond, he/she shall be brought
before a judge, not later than the next judicial day, who
shall set a new date and time for the examination of
Supplemental Proceedings, and notify both parties. Upon
completion of the examination of the judgment debtor, the
bail shall be exonerated unless the Court orders otherwise.
(c) Judgment Against Garnishee. No judgment against a
garnishee defendant, or order to pay into Court, or order to
the Clerk to pay out any sum pursuant to a Writ of
Garnishment, will be signed except after judgment is entered
against the defendant and until the party who caused the
writ to issue shall have proof of service in the manner
provided by statute and twenty (20) days shall have elapsed
from the filing of the answer of the garnishee defendant.
There shall be attached proof of mailing of Notice of Intent
to present Default Judgment against garnishee defendant by
certified mail of not less than seven (7) days. No funds
shall be paid into the Registry of the Court without a court
order.
(d) Payment of Judgment. All payment of monies on judgments
(including awards of costs) shall be made to the party
and/or attorney, unless otherwise ordered. The receiving
party, or party's attorney, shall within thirty (30) days of
receipt file a satisfaction of the judgment in the amount
received.
(e) Order to Pay. The pattern form of “Judgment and Order to Pay”,
set out in RCW 6.27.265 (as amended), is hereby adopted for use in
Jefferson County District Court.
(f) Federal Government as Garnishee Defendant.
(i) Whenever the federal government is named as a garnishee
defendant the clerk of the court shall, upon submittal of a
notice in the appropriate form by the requesting party,
issue a notice which directs the garnishee defendant to
disburse any non-exempt earnings to the court.
(ii) Funds received by the clerk from a garnishee defendant
may be deposited into the registry of the court or, in the
case of negotiable instruments, may be retained in the court
file. Upon presentation of an order directing the clerk to
disburse the funds received, the clerk shall pay or endorse
the funds over to the party entitled to same. Except for
good cause shown, the funds shall not be paid or endorsed to
the judgment creditor prior to the expiration of any minimum
statutory period allowed to the judgment debtor for filing
an exemption claim.
(iii) The party requesting the writ of garnishment shall
supply a copy of the notice to the garnishee defendant with
a preaddressed envelope to the Court which has the cause
number displayed thereon and to the garnished party in the
same manner as is permitted for service of the writ of
garnishment.
(iv) The notice to the federal government employer shall be
in substantially the following form:
JEFFERSON COUNTY DISTRICT COURT
STATE OF WASHINGTON
) No.
)
Plaintiff, ) NOTICE OF FEDERAL
) GOVERNMENT GARNISHEE
vs. ) DEFENDANT
)
Defendant. )
)
Garnishee Defendant )
_________________________)
TO: THE GOVERNMENT OF THE UNITED STATES AND ANY DEPARTMENT,
AGENCY OR DIVISION THEREOF
You have been named as the garnishee defendant in the above-
entitled cause. A writ of Garnishment accompanies this
Notice. The Writ of Garnishment directs you hold the non-
exempt earnings of the above-named defendant, but does not
instruct you to disburse the funds you hold.
BY THIS NOTICE THE COURT DIRECTS YOU TO WITHHOLD ALL NON-
EXEMPT EARNINGS AND DISBURSE THEM, IN ACCORDANCE WITH YOUR
NORMAL PAY AND DISBURSEMENT CYCLE, TO THE FOLLOWING:
( ) Jefferson County District Court
PO Box 1220
Port Townsend WA 98368
Cause # ____________________
PLEASE REFERENCE THE DEFENDANT EMPLOYEE'S NAME AND THE ABOVE
CASE NUMBER ON ALL DISBURSEMENTS.
The following Writ also directs you to respond to the Writ
within twenty (20) days, but you are allowed thirty (30)
days to respond under federal law.
DATED this ____________ day of _______________________ 19 _____.
_______________________________
Clerk of the Court
[Amended effective September 1, 2002]
LCRLJ 79. BOOKS AND RECORDS KEPT BY THE CLERK
(a) Other Books and Records Kept by Clerk
(1) Exhibits. Exhibits shall be kept separate from the
Court file. Any inspection of an exhibit must be in the
presence of a clerk unless authorized by an order of the
Court.
(2) Rejection of Unsuitable Material. The Clerk shall not
accept for filing in the court file, matters which should be
filed as an exhibit or other material not to be included by
reason of LCRLJ 5 (d) (6). When the Clerk is uncertain as
to whether a matter is suitable for filing, he/she shall
seek the advice of the Judge before filing the same.
(3) Removal of Files. No file may removed from the Clerk's
Office without an order of the Court, except as herein
provided; an attorney, legal intern, legal assistant,
District Court Probation Officer, may check out a file
without a specific order of the court. A person taking a
file and failing to return same file by the close of
business of the same day the file was checked out, shall
lose the privilege of checking out files until the
previously taken file is returned. Failure to return the
file after notice from the Clerk's' Office of a violation of
this rule may result in the imposition of terms or other
appropriate sanctions. Any person checking out a file and
leaving it with a judge or clerk shall have the duty to
correct the check-out record in the Clerk's Office, showing
with whom the file was left.
(4) Items Required to be Sealed by the Clerk's Office are
as follows:
(i) Alcohol evaluations and reports;
(ii) Mental health evaluations and reports;
(iii) Drug evaluations and reports;
(iv) Pre-trial release evaluations and
recommendations; and
(v) Any other item ordered to be sealed by a judge or
classified as confidential by statute, rule or
regulation (See LARLJ 9).
(vi) Determinations of Indigency.
LCrRLJ. 1.5
Style and Form
The format requirements for papers being filed with a court are as
specified in GR 14, except exhibits, the citation and notice, and forms
approved by the Office of the Administrator for the Courts need not be on
letter size paper (81/2 by 11 inches). The citation and notice shall be on
a form prescribed or approved by the office of the Administrator for the Courts.
(a) 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 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: "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. The papers should when feasible, such as common pleading or
service forms, be pre-drilled or punched at the page top for
fastening in court files.
(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
IN THE JEFFERSON COUNTY DISTRICT COURT
IN AND FOR THE STATE OF WASHINGTON
____________________ )
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.
Amongst 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
[Effective September 1, 2012]
LCrRLJ 2.3. SEARCH AND SEIZURE
(h) Search Warrants.
The magistrate authorizing a search warrant shall retain
custody and control of the original affidavit for search
warrant until such warrant is executed and/or returned
unexecuted.
(1) After execution, the search warrant shall be filed by
number and description of the person or property to be
searched. An index will be maintained and available to the
public by the Clerk's Office.
(2) The affidavit and accompanying papers including the
return of service shall be filed in accordance with the
provisions of CrRLJ 8.10 and ARLJ 9.
LCrRLJ 2.5. PROCEDURE ON FAILURE TO OBEY
CITATION AND NOTICES TO APPEAR
(a) Recall of Failure to Respond Arrest Warrants.
The Court Administrator, or delegate, shall have authority
to recall Failure to Respond Arrest Warrants issued because
the defendant failed to respond to the citation or a summons
under the following provisions:
(1) The Failure to Respond 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 case of clerical error.
(b) In all other cases, the defendant shall present
himself/herself to the Jefferson County Correctional
Facility unless directed otherwise by the Court
Administrator.
LCrRLJ 3.2
RELEASE OF ACCUSED
(a) Forfeiture.
Criminal offenses disposable by bond forfeiture shall be approved
by the Judge. Nothing in this rule restricts a case by case
disposition of a criminal matter.
(b) Uniform Bail Schedule.
The District Court shall follow the bail schedule set forth in CrRLJ 3.2 (o) (u).
(4) Bail for unscheduled misdemeanors shall be $250 unless
otherwise set by statute or ordinance. Bail for unscheduled gross
misdemeanors shall be $500 unless otherwise set by statute or ordinance.
(5) Bail as set forth in this rule, 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.
(c) Release of Intoxicated Persons. No person issued a citation
and/or arrested for the crime of Driving While Intoxicated, or
Being in Physical Control of a Motor Vehicle While Intoxicated,
shall be released on bail prior to appearance in court unless:
i. The person has no known prior alcohol related driving offenses;
ii. The person has a valid driver's license;
iii. The person has been under the observation of the jail
staff for a minimum of six (6) hours; and
iv. The release will be during the daylight hours.
If the defendant cannot meet the criteria, he/she shall be held
until the next arraignment calendar when the Court will set bail.
(d) Release of Intoxicated Minors. No person issued a citation
and/or arrested for the crime of Driver Under Twenty-One Consuming
Alcohol shall be released on bail prior to appearance in court unless:
i. The person has no known prior alcohol related driving offenses;
ii. The person has been under the observation of law
enforcement personnel and/or jail or detention facility
staff for a minimum of six (6) hours; and
iii. The release will be during the daylight hours.
iv. Persons under the age of eighteen shall only be
released to a parent, legal guardian or the department of
social and health services.
If the defendant cannot meet the criteria, he/she shall be held
until the next arraignment calendar when the Court will set bail.
(e) Domestic Violence Offenses.
(1) No person issued a citation and/or arrested for a domestic
violence offense shall be released on bail prior to appearance in court.
"Domestic violence" includes but is not limited to any of the
misdemeanor or gross misdemeanor offenses listed in RCW 10.99.020 (5), or
similar municipal ordinance, when committed by one family or household
member against another. "Family or household members" are those
persons listed in RCW 10.99.020(1) or similar municipal ordinance.
(2) No order issued under RCW 10.99.020 and/or RCW 10.99.040 shall
be quashed until and unless the victim has successfully completed a
Domestic Violence Protection Hearing.
LCRLJ 3.3. TIME FOR TRIAL
(e) Pre-Trial Hearings.
At arraignment the Judge will schedule a pre-trial hearing.
The parties shall confer in good faith prior to the pre-
trial hearing in an attempt to reach an agreed disposition.
The defendant shall be required to attend the pre-trial
hearing unless excused by the Court. Failure to attend may
result in issuance of a bench warrant and/or forfeiture of
any bond. If the case is not resolved at the pre-trial
hearing, a trial date will be set. A readiness hearing
shall also be set one week before the trial date. The
defendant shall be required to attend the readiness hearing.
(k) Deferred Prosecution.
(1) Petition for Deferred Prosecution under Section 10.05 of
the Revised Code of Washington, shall be filed fourteen (14)
days before the date set for trial on forms approved by the
Court.
(2) The written assessment prepared by an approved treatment
facility shall be accompanied by a recommendation from the
Probation Office, or such other Court Appointee authorized
under Chapter 10.05 of the Revised Code of Washington.
(3) When the Court denies the Petition for a Deferred
Prosecution timely filed under this rule, the case shall
proceed to trial as previously set.
(4) In the event the Petition for Deferred Prosecution is
approved by the Court, the defendant may be under the
supervision of the Probation Department, or Court Appointee
pursuant to Section 10.05.170 of the Revised Code of
Washington. A defendant who refuses, fails, or neglects to
comply with an order, or request of the Probation Office or
Court Appointee, or the terms of supervision, or conditions
of supervision, or conditions of deferred prosecution may
have the deferred prosecution revoked.
LCrRLJ 4.1
ARRAIGNMENT
(e) Appearance by Defendant's Lawyer.
(7) Retained attorneys or public defenders who have assumed
representation of defendants must promptly serve written notice of
their appearance upon the Prosecuting Attorney, and file the same
with the Clerk. The notice of appearance shall be contained in a
separate document.
(8) A lawyer may enter an appearance on behalf of a client,
except in cases in which the docket or charging document states
that one or more of the charges involves DUI, Physical Control,
Minor DUI, any Domestic Violence charge, including, but not
limited to, Assault 4th DV, Malicious Mischief DV, Harassment,
Violation of an Antiharassment/No Contact Order, Stalking or
Harassment, whereupon the defendant's presence is mandatory and
cannot be waived.
(f) Counter Appearance.
A defendant, in response to a Summons and Complaint, Citation and
Notice to Appear, or a Jail Release Appearance form may first
appear at the District Court clerk's window to obtain an
arraignment or Pre-Trial Hearing date if one has not been set and
to obtain a Determination of Indigency form for appointment of a public defender.
LCrRLJ 4.2. PROCEDURE UPON A PLEA OF GUILTY
(i) Guilty Plea Statement.
It shall be the duty of the Defense Attorney to have a
properly completed written statement of the defendant on a
guilty plea. Forms shall be furnished by the Court
Administrator without charge.
LCrRLJ 4.5. PRETRIAL HEARING
(a) At arraignment a defendant shall be given a pre-trial
date only.
(b) All parties shall be expected to have exchanged
discovery. Parties shall discuss the need for hearing any
motions, including but not limited to 3.5, 3.6, Hamrick and
Knapstad motions.
(c) At pretrial the parties must resolve the case or advise
that the case is ready for trial, at which time, a readiness
hearing and trial date will be set.
(d) If an attorney has had no contact with his/her client
by the date of the readiness hearing, a warrant shall issue.
LCrRLJ 6.3. SELECTING THE JURY
See LCRLJ 38.
(a) In criminal cases set for jury trial, it is mandatory
that the attorneys, or defendant in a pro se case, notify
the court at readiness hearing whether or not they will
proceed to jury trial. If the trial is cancelled at a
party's request following readiness hearing but before the
time for notification set forth in subsection (b), terms may
be assessed against the attorneys in an amount equal to the
cost of summoning a jury panel.
(b) In criminal cases set for jury trial, it is mandatory
that the attorneys, or parties in a pro se case, notify the
court by 3:00 p.m. the day prior to trial whether or not
they will proceed to jury trial. The purpose of this
requirement is to permit the cancellation of unneeded jury
panels and the savings of the costs thereof. If this
required communication is not received, terms may be
assessed against the attorneys and/or parties.
LCrRLJ 6.13.
EVIDENCE – COURT’S CUSTODY OF EXHIBITS
(f) In a criminal case every exhibit in the court’s
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
returned shall be delivered by the court to the
applicable law enforcement agency for disposition as
abandoned property; or if contraband, for destruction.
[Amended effective September 1, 2002]
LCrRLJ 7.6.
PROBATION FEES
(c) Defendants placed on probation shall pay an annual
probation fee of up to $400 unless otherwise specified by
the court in the judgment and sentence or separate order of the court.
LCrRLJ 8.2.
MOTIONS
(a) Motion Day.
Motions shall be noted for and will be set the 2nd and last
Friday of each month unless otherwise authorized by the court.
(b) Filing of Motions, Memoranda, and Affidavits.
The content and length of the Note for Hearing, Brief,
Memoranda, and Affidavits are governed by LCRLJ 40 (b).
(c) Copies of Motions, Memoranda and Affidavits.
A copy of the motion, brief, memoranda, documents and
affidavits shall be furnished to the Judge after the
originals have been filed. Responding briefs, memoranda,
and other documents shall also be filed with the Clerk, and
copies furnished to the assigned Judge. Failure to comply
with this requirement may result in a continuance and
imposition of terms.
(d) Pretrial Motions.
All pretrial motions shall be filed, served and noted for
hearing at least five days prior to the date specified for
the hearing. Except as specially approved by the Court, all
motions will be noted for hearing on the second or last
Monday of the month. NO PRETRIAL MOTIONS SHALL BE HEARD OR
NOTED FOR HEARING ON THE TRIAL DATE. Where no testimony is
required, each side will be given ten minutes maximum in
motion argument. If the hearing of a motion will take more
than sixty minutes per side, notification must be given to
the Court with an estimate of the time necessary at least
ten days in advance so the Court may then specially set the
motion. Furthermore, all 3.5 hearings must be noted by the
defendant for the Motion calendar. The defendant must be
present at the 3.5 hearing.
LIRLJ 3.3. PROCEDURE AT CONTESTED HEARING
(b) Representation by Lawyer.
At a contested hearing, the plaintiff shall be represented
by a lawyer representative of the Prosecuting Attorney, or
the City Attorney when the defendant is represented by an attorney.
LIRLJ 3.5. DECISION OF WRITTEN STATEMENTS
The procedure authorized by IRLJ 3.5 is adopted by this court.
(f) Scheduling. Upon a request for a hearing, the court
shall send the defendant a letter and the appropriate form.
Defendant shall return the completed form to the Court. The
officer will be sent notice from the Court of the
defendant's request and shall submit his/her sworn
declaration. The Court will decide the issue from the
evidence presented and render its decision in writing by
mail.
LIRLJ 6.2. MONETARY PENALTY SCHEDULE
(e) Penalty for Unscheduled Infractions and Infractions Not
Covered by IRLJ 6.2
A penalty schedule for persons charged with miscellaneous
infractions not covered by Supreme Court Rule shall be
established by local county or city ordinances.
LIRLJ 6.6. SPEED MEASURING DEVICE;
DESIGN AND CONSTRUCTION CERTIFICATION
(d) Requests to produce the electronic measuring device
expert shall be contained in a separate document and served
on the Prosecuting Attorney with a conformed copy filed with
the Clerk of the Court.
(e) In addition to the monetary penalties permitted by IRLJ
6.2 and statutory assessments, the speed measuring device
expert's costs and fees, not to exceed $250.00, as well as
statutory attorney's fees pursuant to RCW 7.80.140 shall be
assessed against a non-prevailing respondent.
LRSC 1. FIRST APPEARANCE
(a) The term "appear" means personal appearance of the
parties involved. At the first appearance, an employee or
agent (not an attorney) may appear if that employee/agent
has the sufficient facts in order to present the case, and
is authorized to bind the party represented.
(b) If the plaintiff and defendant both appear on the
assigned first appearance date the case will be assigned a
mediator and will mediate that same day. Mediation is
mandatory before a trial is allowed. Parties must bring
their evidence to the mediation, however, no witnesses are
allowed. The purpose of mediation is to settle the case if
possible; if no settlement is made at mediation, the case
will be set for trial. 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, the case may proceed directly to trial.
If agreement is reached the parties will sign an agreement
which will be entered into the record. Parties will receive
a copy of the agreement. No judgment will be entered. If
the agreement is breached, the nonbreaching party may return
to the court for judgment after serving and filing a motion
and affidavit setting forth the failure to comply with the
terms of the agreement.
(c) If the plaintiff fails to appear, a dismissal will be
entered. In cases where the defendant has filed a written
counterclaim against the plaintiff and proof of service is
presented, the defendant may be allowed judgment against the
Plaintiff on the counterclaim. Oral counterclaims are
allowed only if both parties appear at the first hearing,
and then only if the counterclaim arises out of the same
transaction or event upon which the Plaintiff's claim is
based.
(d) If the defendant fails to appear and proof of service is
presented, and if the plaintiff's testimony supports the
claim, the plaintiff will be granted a default judgment
against defendant up to the amount claimed and for costs.
(e) If neither party appears the case will be dismissed
without prejudice.
LRSC 2. TRIAL
If a trial is necessary, both plaintiff and defendant will
appear, testify, call witnesses, and present exhibits for
the court to consider. If it is inconvenient or overly
expensive to call a witness to appear personally, affidavits
of witnesses can be presented. Any affidavit expected to be
considered by the court shall be served on the other party
at least five (5) days (excluding Saturday, Sunday and
Holidays) before the trial. A responsive affidavit may be
presented at the trial. Copies of such affidavits must be
made available to the other party before the trial
commences. A simple "signed statement" will not be
considered an affidavit and will not be accepted as
evidence. The same rules apply at this hearing as applied
at the first appearance if the parties fail to appear.
LRSC 3. CONTINUANCE OF MEDIATION OR SMALL CLAIM TRIAL.
The party requesting the continuance must contact the other
party who must also agree to the continuance. Both parties
must contact the court in person or by telephone. If one
party will not agree to the continuance, the party seeking
the continuance may make a written motion for continuance
and set a hearing date prior to the scheduled mediation or
trial date. The motion and notice of hearing must be served
on the opposing party not less than five days prior to the
date set for the motion to continue. At the hearing, the
judge will determine whether the matter will be continued.
If there are less than five days prior to the mediation or
trial date to serve the opposing party, the party requesting
the continuance may contact the court to explain the
circumstances which require the mediation or trial to be
continued. The matter may be continued by the court upon
showing of good cause.
LRSC 4. DISCOVERY
Discovery, if any, shall proceed in an informal manner. No
formal discovery such as interrogatories, requests for
production, and/or depositions shall be permitted without
prior written approval of the court.
LRSP 1. NAME CHANGES
(a) Requirements. An applicant who applies to the court for
a change of name pursuant to RCW 4.24.130 must meet the
following requirements:
(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) Minors: Parental Consent - All applicants under eighteen
(18) years of age must be represented by a parent or legal
guardian, and both biological or legal parents or guardian
must approve the change of name either by personal
appearance or by verified affidavit.
(3) Separate Applications - Each applicant requesting a
change of name must present a separate Change of Name Order
and pay a separate filing fee and recording fee.
LRSP 2. UNLAWFUL HARASSMENT PROCEEDINGS
(a) Jurisdiction. If the circumstances alleged in the
petition for unlawful harassment meet the statutory
criteria, the court shall hear the case unless the parties
are already involved in a pending dissolution, dependency or
paternity proceeding in which case the matter shall be
transferred to Superior Court. The court may require a
petitioner to appear and provide testimony prior to issuance
of an ex parte temporary order.
(b) Indigent Filing. Upon request of the applicant, the
Court shall assess the applicant's financial resources to
determine if that individual may proceed in forma pauperis.
For the purpose of determining whether grounds for waiver of
the filing fee exist, the applicant must complete under oath
and submit an Application For Waiver of Fees. No order
authorizing waiver of the filing fee shall issue unless the
mandatory financial information is submitted to the Court.
(c) Hearing. In unlawful harassment actions only the parties may
testify without cross examination, or make statements as allowed
by the court. The court may take testimony if it appears to the
court necessary for an adequate determination of the matter.
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