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SNOHOMISH COUNTY
DISTRICT COURT LOCAL RULES
Table of Rules
Administrative Rules
SCLARLJ 3 Definitions
SCLARLJ 5 Presiding Judge
SCLARLJ 5.2 Commissioner and Judges Pro Tempore
Local Civil Rules
SCLCRLJ 3 Filing Of Civil and Small Claims Cases
SCLCRLJ 38 Jury Trial
Special Proceedings Rule
SCLSPR 1 Name Changes
Traffic Infractions Rules
SCLIRLJ 2.3 Filing
SCLIRLJ 2.6 Hearings Based on Written Statements
SCLIRLJ 3.1 Preliminary Procedures for Contested Hearings
SCLIRLJ 3.5 Decision on Written Statements
Local Criminal Rules
SCLCrRLJ 3.1 Certificates of Compliance for Indigent Defendants
SCLCrRLJ 3.2 Bail in Felony Offense Cases
SCLCrRLJ 5.1 Commencement of Actions
SCLCrRLJ 5.2 Transfer of Cases
SCLCrRLJ 6.1.1 Trial by Jury
SCLCrRLJ 7.1 Deferred Prosecution Petition and Order
SCLARLJ 3.
DEFINITIONS
(a) Name of Court. The Snohomish County District
Court consists of four divisions and operates in facilities
in four electoral districts. Reference to a particular
physical location shall specify the electoral district that
shall be known as a division of the Snohomish County
District Court. The current divisions are as follows:
(1) Cascade Division
415 E. Burke Avenue, Arlington, WA 98223-1099
(2) Evergreen Division
14414 179th Avenue SE, Monroe, WA 98272-0625
(3) Everett Division
3000 Rockefeller Avenue, Everett, WA 98201-4060
(4) South Division
20520 68th Avenue W., Lynnwood, WA 98036-7406
(b) Judge. A "Judge" is defined to mean a current
validly appointed or elected Snohomish County District Court Judge.
[Effective September 1, 2003]
SCLARLJ 5.
PRESIDING JUDGE
(a) Appointment. The Court shall be managed by the
Presiding Judge, who shall be elected by a majority of the
judges prior to December 1st in the year immediately
occurring before the term of office. An Assistant Presiding
Judge shall be elected in the same manner.
(b) Appeals.
(1) A decision of the Presiding Judge may be
appealed to the judges by any judge.
(2) An affirmative majority vote of those judges
voting is required to reverse a decision of the Presiding Judge.
(c) Meetings.
(1) Regular Meetings. Regular meetings of the
judges shall be held not less than every quarter. These
meetings shall be on such a day as may be designated by the
Presiding Judge.
(2) Special Meetings. Special meetings of the
judges may be called at any time by the Presiding Judge or
by any four judges acting jointly. Notice of any such
meeting shall be provided each judge at least 48 hours in
advance by personal contact or in writing left at the
judge’s assigned division.
(3) Meeting Agendas. The Presiding Judge shall
prepare the agenda for judges’ meetings. Any judge may
place any item of business on the agenda.
(4) Voting. At a judge’s meeting, each judge
shall have the right to cast one vote on any issue before
the judges.
(5) Quorum. A quorum for the conduct of business
by the judges shall be five judges.
(d) General Responsibilities. In addition to GR 29
responsibilities, and in order to assure the expeditious and
efficient handling of all cases and an equitable
distribution of workload among the several divisions, the
Presiding Judge may by written order, direct that certain
types of cases be filed in different division(s) than
otherwise provided in these rules for a designated period of
time, or until further ordered. It is recommended, but not
required, that the Presiding Judge consult with the affected
division judges, affected law enforcement agencies, and
other affected parties prior to making such decisions.
[Effective September 1, 2003, Amended September 1, 2004]
SCLARLJ 5.2
COMMISSIONERS AND JUDGES PRO TEMPORE
(a) There shall be one full time Court Commissioner
who shall serve at the pleasure of the judges and under the
direction of the Presiding Judge.
(b) The Commissioner shall be compensated at a rate of
pay established in the Court’s annual budget.
(c) Judges Pro Tempore shall be compensated in an
amount that does not exceed the daily rate of compensation
earned by the Commissioner.
(d) From time to time, the Presiding Judge may appoint
Pro Tempore Commissioners as authorized by County ordinance.
Pro Tempore Commissioners shall be compensated at the same
rate as Judges Pro Tempore
[Effective September 1, 2003]
SCLCRLJ 3.
FILING OF CIVIL AND SMALL CLAIMS CASES
(a) General Provision. Any Civil or Small Claim
action brought in the Court shall be filed in the division
in which the defendant, or, if there be more than one
defendant, where one of the defendants resides at the time
the complaint is filed or in which the defendant, or, if
there be more than one defendant, where one of the
defendants may be served with the notice and complaint. If
the residence of the defendant is not ascertained by
reasonable efforts, the action may be filed in the division
in which the defendant’s place of actual physical employment
is located.
(b) Recovery of Personal Property. Any action for the
recovery of possession of personal property shall be filed
in the division in which the subject matter of the action or
some part thereof is situated.
(c) Actions for a Penalty. An action for a penalty
shall be filed in the division where the cause of action, or
some part thereof, arose.
(d) Personal Injuries and Property Damage. An action
for the recovery of damages for injuries to the person or
for injury to personal property may be filed either in the
division in which the cause of action arose, or in the
division in which the defendant, or, if there be more than
one defendant, where some one of the defendants resides at
the time the complaint is filed.
(e) Non-Resident Defendants. An action brought
against a non-resident of this state may be filed in any
division where service of process may be had, or in which
the cause of action or some part thereof arose, or in which
the plaintiff or one of them resides.
(f) Corporate Defendants. For the purposes of this
rule, the residence of a corporation defendant shall be
deemed to be in any division where the corporation transacts
business, or has an office for the transaction of business
at the time the cause of action arose, or where any person
resides upon whom process may be served upon the
corporation.
(g) Impound Hearings. Impound Hearings shall be filed
in the division in which the impound of the vehicle
occurred.
(h) Transfer of Non-Jury Civil or Small Claim Cases.
If a civil or small claim action is filed in the wrong
division, the action shall remain there unless the defendant
requests a transfer of the action to the proper division.
Upon such demand the court may enter an order transferring
the action to the proper division and may award the
defendant the reasonable costs associated with the transfer
of the action, including a reasonable attorneys fee, to be
paid by the plaintiff.
(i) Transfer of Civil Jury Cases. Upon the court’s
own motion or the motion of any party the Presiding Judge
may enter a written order transferring the case to a
different division.
(j) The filing of a case in the improper division does
not create a jurisdictional defect and does not, of itself,
grant or deprive the Court of jurisdiction otherwise
conferred by law.
[Effective September 1, 2003]
SCLCRLJ 38.
JURY TRIAL
(a) Jury Trial
(1) Confirmation Required. On the last court day
preceding the jury trial date the party demanding a jury
trial shall contact the confirmation clerk at the respective
division of the Snohomish County District Court, at the
telephone numbers listed below, between 9:00 AM and 3:00 PM,
and confirm that the case is going to proceed to jury trial
or that some other settlement has been reached.
Confirmation Clerk’s telephone numbers for each
division are as follows:
Cascade Division: (360) 435-7747
Everett Division: (425) 388-3926
Evergreen Division: (360) 805-6787
South Division: (425) 744-6808
Failure of a party to confirm the jury trial or to
advise the confirmation clerk that settlement has been
reached shall constitute a waiver of the jury trial demand
and cause the case to be stricken from the jury trial
calendar. Terms may be assessed if the case has to be
continued to a different trial date. Stipulated settlements
not yet reduced to writing may be put on the record in
conformance with CRLJ 2A.
Any case confirmed for jury under this subsection and
not proceeding to jury trial shall be subject to such
sanctions, including but not limited to jury costs, witness
fees and terms, as deemed appropriate by the trial judge.
(2) This procedure may be modified by written
order entered in a particular case.
[Effective September 1, 2003]
SCLSPRLJ 1.
NAME CHANGES
Requirements. An applicant who applies to the court for a
change of name pursuant to statute must meet the following
requirements:
(a) Birth Certificate. A certified copy of any minor
applicant’s birth certificate or suitable identification
shall be presented to the clerk for verification and
copying.
(b) Minors: Parental Consent. All applicants under
eighteen (18) years of age shall 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. In the absence of
consent from one of the biological or legal parents, the
court may grant the petition if such action would be in the
best interests of the child and the non-consenting parent
has received notice of the hearing on the petition.
[Effective September 1, 2003]
SCLIRLJ 2.3.
FILING
Notices of Infraction should be filed in the division
where the violation is alleged to have occurred.
[Effective September 1, 2003]
SCLIRLJ 2.6.
HEARINGS BASED ON WRITTEN STATEMENTS
Contested and mitigation hearings based on written
statements are authorized, as provided in IRLJ 2.6.
[Effective September 1, 2003]
SCLIRLJ 3.1.
PRELIMINARY PROCEDEURES FOR CONTESTED HEARINGS
Subpoenas in Municipal Cases. In municipal cases where
a party has requested that a witness be subpoenaed, the
clerk may reschedule the hearing to the municipality’s next
available bench trial calendar.
[Effective September 1, 2003]
SCLIRLJ 3.5.
DECISION ON WRITTEN STATEMENTS
Decisions on written statements are authorized, as
permitted in IRLJ 3.5.
[Effective September 1, 2003]
Rule 3.1.
Certificates of Compliance for Indigent Defendants
(a) Certificates of Compliance with the Standards for Indigent Defendants required by CrRLJ 3.1
shall be filed quarterly with the Snohomish County District Court Clerk's Office.
(b) All Notice of Appearance forms filed by counsel for indigent defendants shall indicate in a
separate paragraph whether or not a current CrRLJ 3.1 Certificate of Compliance with the Standards for
Indigent Defendants is on file with the Snohomish County District Court Clerk's Office.
SCLCrRLJ 3.2
BAIL IN FELONY OFFENSE CASES
A person subject to custodial arrest for a felony offense shall be held until they
have posted bail according to the following schedule or appeared before a judge. Nothing
in this rule shall limit the authority of the Court to set bail in a different amount in
an individual case.
1. Class A felonies and attempts, conspiracies, and solicitations Bail shall be set by
to commit Class A felonies. a judicial officer.
2. The following Domestic Violence related felony crimes and attempts, Bail shall be set by
conspiracies and solicitations to commit such crimes: a judicial officer.
-- Assault 2, DV
-- Assault 3, DV
-- Assault of a Child 2, DV
-- Assault of a Child 3, DV
-- Burglary 2, DV
-- Child Molestation 2, DV
-- Child Molestation 3, DV
-- Criminal Mistreatment 1, DV
-- Criminal Mistreatment 2, DV
-- Cyberstalking, DV
-- Drive by Shooting, DV
-- Kidnapping 2, DV
-- Malicious Mischief 1, DV
-- Malicious Mischief 2, DV
-- Rape 3, DV
-- Rape of a Child 3, DV
-- Residential Burglary, DV
-- Stalking, DV
-- Telephone Harassment, DV
-- Unlawful Imprisonment, DV
-- Violation of a temporary, permanent, or final Domestic
Violence Court Order that is punishable as a felony
3. The following, when committed as a felony offense: Bail shall be set by
-- Driving under the Influence a judicial officer.
-- Physical Control
4. Class B felonies involving crimes against persons $25,000
(as defined in RCW 9.94A.422(2))and attempts, conspiracies,
and solicitations to commit such crimes.
5. The following Class B felony crimes and attempts, conspiracies, $25,000
and solicitations to commit such crimes:
-- Assault by Watercraft
-- Bribe Received by a Witness
-- Criminal Mistreatment 1
-- Drive by Shooting
-- Escape 1
-- Hit & Run, Death
-- Holding Hostages or Interference with Officer's Duty
-- Intimidating a Judge
-- Malicious Placement of an Explosive 2
-- Malicious Placement of an Imitation Device 1
-- Manslaughter 2
-- Promoting Commercial Sexual Abuse of a Minor
-- Threats to Bomb
-- Unlawful Possession of a Firearm 1
6. All other Class B felonies(including attempts, conspiracies, $10,000
and solicitations to commit such Class B felonies).
7. Class C felonies involving crimes against persons $10,000
(as defined in RCW 9.94A.422(2)) and attempts, conspiracies,
and solicitations to commit such crimes.
8. The following Class C felonies and attempts, $10,000
conspiracies, and solicitations to commit such crimes:
-- Bail Jumping with a Class B or C Offense
-- Child Molestation 3
-- Criminal Mistreatment 2
-- Criminal Trespass Against Children
-- Custodial Interference 1
-- Custodial Interference 2
-- Custodial Sexual Misconduct 1
-- Escape 2
-- Harassment
-- Hit & Run, Injury
-- Hit & Run with a Vessel, Injury
-- Indecent Exposure to a Person Under Age 14
-- Luring
-- Machine Gun or Short-Barreled Shotgun or Rifle Possession Prohibited
-- Malicious Harassment
-- Sexual Exploitation of a Minor
-- Sexual Misconduct with a Minor 1
-- Tampering with a Witness
-- Telephone Harassment
-- Threats Against the Governor
-- Voyeurism
9. Class C felonies, all other cases $5,000
[Readopted Effective September 1, 2008]
SCLCrRLJ 5.1.
COMMENCEMENT OF ACTIONS.
(a) Under Municipal Ordinances. Complaints for the
violation of a municipal ordinance should be heard in the
division in which the municipality exists.
(b) Under Other Laws. All criminal and criminal
traffic actions should be filed in the division where the
violation is alleged to have occurred.
[Effective September 1, 2003]
SCLCrRLJ 5.2
TRANSFER OF CASES
Any judge may by written order direct the transfer of a
criminal case to another division upon the court’s own
motion or motion of any party.
[Effective September 1, 2003]
SCLCrRLJ 6.1.1
TRIAL BY JURY.
(a) Jury Trial
(1) Readiness Hearings. All cases set for jury
trial shall be assigned both a readiness hearing date and a
trial date. The defendant, and the defendant’s attorney if
the defendant is represented, shall appear at the readiness
hearing. The court will inquire as to whether the case is
expected to go to trial, the number of witnesses to be
called by each side and the anticipated length of trial; and
if all motions, discovery and plea negotiations have been
concluded. Any case confirmed for jury trial at the
readiness hearing shall remain set on the jury trial date.
Failure to appear at the readiness hearing, as required
herein, shall constitute a waiver of the defendant’s speedy
trial rights, and may result in a bench warrant for the
defendant’s arrest and forfeiture of any bail or bond.
(2) Confirmation Required. On the last court day
preceding the jury trial date the defendant, if appearing
pro se, or the defendant’s attorney if represented by
counsel, and the prosecutor shall contact the confirmation
clerk at the respective division of the Snohomish County
District Court, at the telephone numbers listed below,
between 9:00 AM and 3:00 PM, and confirm that the case is
going to proceed to jury trial or that some other
disposition has been reached.
Confirmation Clerk’s telephone numbers for each
division are as follows:
Cascade Division: (360) 435-7747
Everett Division: (425) 388-3926
Evergreen Division: (360) 805-6787
South Division: (425) 744-6808
Failure of a party to confirm the jury trial or to
advise the confirmation clerk that another disposition has
been reached may cause the case to be stricken from the jury
trial calendar. Failure of the defendant, if appearing pro
se, or the defendant’s attorney if represented by counsel,
to confirm the jury trial or to advise the confirmation
clerk that another disposition has been reached shall
constitute a waiver of the defendant’s speedy trial rights.
Failure of the defendant to appear on the jury trial date
may result in a bench warrant for the defendant’s arrest and
forfeiture of any bail or bond, unless it is confirmed by
both parties that a disposition is to be proposed to the
court.
Any case confirmed for jury under this subsection and
not proceeding to jury trial shall be subject to such
sanctions, including but not limited to jury costs, witness
fees and terms, as deemed appropriate by the trial judge.
[Effective September 1, 2003]
SCLCrRLJ 7.1
DEFERRED PROSECUTION PETITION AND ORDER.
A Petition for Deferred Prosecution pursuant to RCW 10.05 must be filed
with the Court's Probation Department and the prosecuting authority no later
than seven (7) days prior to proposed entry unless good cause exists for delay.
An Order deferring prosecution will not be granted unless proof of compliance
with the following is shown:
1. Petition for Deferred Prosecution is submitted on the form identified
in CrRLJ 4.2.
2. Order for Deferred Prosecution is submitted on a form approved for use
by the Court.
3. Petitioner has completed at least thirty-six (36) hours of Phase I Treatment.
4. An ignition interlock device has been installed on every vehicle operated
by Petitioner.
5. Petitioner has applied for an ignition interlock driver's license.
[Effective November 2, 2009]
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