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LOCAL RULES FOR THE DISTRICT COURT
of SPOKANE COUNTY, WASHINGTON
TABLE of RULES
I. Introduction
LARLJ 2 Scope of Rules and Adoption
LARLJ 3 Definition of Terms and Seniority
LARLJ 5 Presiding Judge
LARLJ 10 Paralegals
LARLJ 11 Receiving Service of Process
LARLJ 12 Investigations by the Judicial Conduct Commission: Access to Sealed Files and Documents
LARLJ 30 Electronic Filing
II. Civil Proceedings
LCRLJ 1 Local Civil Rules and Scope [See LARLJ 2]
LCRLJ 5 Service and Filing of Pleadings and Other Papers
LCRLJ 10 Form of Pleadings
LCRLJ 11 Signing of Pleadings
LCRLJ 33 Interrogatories to Parties - DELETED
LCRLJ 38 Jury Trials
LCRLJ 40 Assignment of Cases
LCRLJ 43 Taking of Testimony
LCRLJ 43.1 Courtroom Practice and Decorum
LCRLJ 47 Jurors
LCRLJ 49 Verdicts
LCRLJ 51 Instructions to Jury and Deliberation
LCRLJ 54 Judgments and Costs
LCRLJ 55 Default
LCRLJ 56 Summary Judgment [See LCRLJ 40]
LCRLJ 58 Entry of Judgment
LCRLJ 60 Relief from Judgment or Order - Repealed Sept. 1, 2009
LCRLJ 68 Offer of Judgment
LCRLJ 69 Execution, Supplemental Proceedings and Garnishments
LCRLJ 79 Books and Records Kept by the Clerk
LCRLJ 83 Local Rules of the District Court
III. Criminal Matters
LCrRLJ 1.6 Conduct of Court
LCrRLJ 1.7 Local Criminal Rules
LCrRLJ 2.3 Search and Seizure
LCrRLJ 2.5 Procedure on Failure to Obey Citation and Notice to Appear
LCrRLJ 3.1 Withdrawal of Lawyer
LCrRLJ 3.2 Release of Accused
LCrRLJ 3.2.1 Procedure Following Warrantless Arrest - Preliminary Appearance
LCrRLJ 3.3 Time for Trial
LCrRLJ 3.4 Presence of the Defendant
LCrRLJ 4.1 Proceedings Before the Judge - Appearance - Bail
LCrRLJ 4.2 Procedure Upon a Plea of Guilty
LCrRLJ 4.7 Discovery
LCrRLJ 6.1.1 Trial by Jury or by the Court - DELETED
LCrRLJ 6.13 Evidence - Repealed Sept. 1, 2009
LCrRLJ 7.2 Sentencing - DELETED
LCrRLJ 8.2 Motions
LCrRLJ 8.10 Closure of Proceedings and Sealing of Record
IV. Infractions
LIRLJ 1.1 Scope and Adoption [See LARLJ 2]
LIRLJ 2.2 Initiation of Traffic Cases
LIRLJ 2.4 Response to Notice
LIRLJ 2.5 Failure to Respond
LIRLJ 3.2 Failure to Appear
LIRLJ 3.4 Hearing on Mitigating Circumstances
LIRLJ 3.5 Decision on Written Statements
LIRLJ 6.2 Monetary Penalty Schedule
LIRLJ 6.6 Speed Measuring Device: Design and Construction Certification
LIRLJ 6.8 Motion Practice
V. Small Claim Procedures
LJSC 0.1 Scope and Adoption [See LARLJ 2]
LJSC 0.2 Hearing
LJSC 0.3 Motion to Vacate Default Judgments
LJSC 0.4 New Trial, Reconsideration and Amended Judgments
LJSC 0.5 Payment of Monetary Judgment
LJSC 0.6 Reasonable Attorney Fee on Certification - Rescinded
VI. Rules For Appeal of Decisions For Courts of Limited Jurisdiction
LRALJ 2.4 Filing Notice of Appeal
LRALJ 4.3(b) Criminal Case
LRALJ 5.1 Recording Generally
LARLJ 2
SCOPE OF RULES AND ADOPTION
(a) Effect of Local Rules. The provisions of the Local Rules are
supplemental to the Rules for Courts of Limited Jurisdiction, as adopted or
hereafter amended by the Supreme Court of the State of Washington, and shall
not be construed in conflict with them.
(b) Scope. The Local Rules apply to all Courts in which a Spokane
County District Court Judge is appointed or elected to sit, including but not
limited to the Spokane County District Court and Cheney Municipal Court
(c) Adoption and Amendments. These Rules may be amended from time to
time by a majority of the Judges.
(d) Prior Rules Repealed. All prior rules of the Spokane County
District Court are repealed upon the adoption of these Rules.
(Adopted effective Sept. 1, 1988; Amended effective Sept. 1, 1995.
Amended effective Sept. 1, 2009, Amended effective Sept. 1, 2012)
LARLJ 3
DEFINITION OF TERMS AND SENIORITY
(8) Departmental Numbers and Seniority
(a) Departmental Numbers. The District Court of Spokane
County shall be divided into as many Departments as there are
Judges authorized by law. Department numbers are assigned as follows:
Department Incumbent Judge
No. 1 Hon. Vance W. Peterson
No. 2 Hon. Sara B. Derr
No. 3 Hon. John O. Cooney
No. 4 Hon. Patricia Connolly Walker
No. 5 Hon. Gregory J. Tripp
No. 6 Hon. Debra R. Hayes
No. 7 Hon. Donna Wilson
No. 8 Hon. Randy A. Brandt
Whenever a Judge vacates his or her office, the Department
number shall be assigned to the successor.
(b) Seniority. Seniority of District Court Judges is as follows:
1. Hon. Donna Wilson
2. Hon. Sara B. Derr
3. Hon. Gregory J. Tripp
4. Hon. Vance W. Peterson
5. Hon. Patricia Connolly Walker
6. Hon. Debra R. Hayes
7. Hon. John O. Cooney
8. Hon. Randy A. Brandt
Hereafter, seniority will be determined by the length of
service as a Spokane County District Court Judge. If two (2) or
more Judges have equal length of service, their seniority shall
be determined by lot. Each Judge shall select an unassigned
chamber in order of their seniority.
(c) Seniority -- Court Commissioners. Seniority for
Court Commissioners shall be determined by date of hire with
continuous service. Court Commissioner chamber assignments shall
be determined by seniority, provided that there is no over-
arching need to locate a commissioner in a certain chamber which
supersedes seniority assignment. Docket assignments for the
Court Commissioners is at the discretion of the Presiding Judge
with consideration given to advice provided by the Bench.
LARLJ 5
PRESIDING JUDGE
(c) Court Organization and Management
(1) General Management. The general management of the Courts shall be
vested in the Presiding Judge under policy established by the Judges at regular
and special meetings.
(A) Executive Committee
(1) The Executive Committee shall consist of the immediate past Presiding
Judge, Presiding Judge, and acting Presiding Judge. The Court may elect one (1)
additional Judge to serve on the Executive Committee.
(2) The Executive Committee will act in an advisory capacity to the
Presiding Judge in the daily management of the Court, in accordance with the
general policy established by the majority vote of the Judges at the regular or
special meetings; and have such other duties assigned by the Presiding judge or
conferred by the court.
(2) Meetings
(A) The Judges shall meet regularly each Wednesday during the noon hour
unless a majority of the judges waive said meeting. The Presiding Judge may
schedule one meeting each calendar quarter as a one-half day meeting in lieu of
a noon hour meeting. (Amended effective Sept. 1, 2001, Amended effective Sept. 1, 2009)
(B) Special meetings shall be called by the Presiding judge as deemed
necessary by Presiding, with timely notice to all Judges.
(C) A quorum consists of a simple majority of Judges and shall be required
at all meetings.
(3) Election of Presiding Judge. (Amended effective Sept. 1, 2002.)
(A) The Presiding Judge shall be elected for a term of two (2) years
pursuant to the provisions of General Rule 29. (Amended effective Sept. 1, 2002.)
(B) The Presiding Judge and Assistant Presiding Judge shall be elected by
a majority vote of the Judges. (Amended effective Sept. 1, 2002.)
(C) In the event the Presiding Judge or Assistant Presiding Judge is
unwilling or unable to fulfill the duties of such office, the vacancy or
position will be filled by majority vote of the Judges. (Amended effective Sept. 1, 2002.)
(4) Duties of Presiding Judge. The Presiding Judge shall:
(A) Perform all the duties required by General Rule 29; (Amended effective Sept. 1, 2002.)
(B) Implement all policies established by the Judges and pursuant to said
policies, exercise general management of the Court including but not limited to
personnel matters, judicial assignments fiscal matters and supervision of Court Commissioners;
(C) Assign duties to the Court Administrator as deemed necessary; (Amended effective Sept. 1, 1998)
(D) Act as spokesperson for the Court after seeking advice and counsel
from the Judges where appropriate;
(E) Preside at all Judges' meetings and shall call special meetings as necessary;
(F)Make docket and case assignments, including ex parte and conflict
cases, which are not assigned to existing departments, and assign dockets as
necessary, provided that the preference of the judges by seniority shall be
given priority in any docket assignments; and (Amended effective Sept. 1, 2001)
(G) Appoint committees to study and make recommendations concerning the
subject matter assigned and allow the committee to take necessary action when
authorized by the Judges.
(5) Court Commissioner
(A) Selection. Upon a vacancy for Court Commissioner, the Court may
advertise the vacancy and accept applications. A Personnel Committee of not
less than three (3) Judges shall screen the written applications.
(Amended effective Sept. 1, 1997. Sept. 1, 1999.)
The Personnel Committee shall decide which candidates to interview,
conduct interviews and make recommendations to the Judges. Any Judge of this
Court may attend, participate and vote as a member of the Personnel Committee
for the selection process. The selection shall be by majority vote of the
Judges present at a regularly scheduled Judges' meeting or a meeting called by
the Presiding Judge for this purpose. (Amended effective Sept. 1, 1998, Sept. 1, 1999.)
(B) Termination. A Court Commissioner shall serve at the pleasure of the
Judges and shall be terminated by a majority vote of Judges at a Judges' meeting.
(C) Attorney-Commissioner - Authority and Jurisdiction. A lawyer appointed
Commissioner of this Court shall have such power, authority and jurisdiction in
criminal and civil matters as the appointing Judges possess unless otherwise
restricted by court rule, statute or case law.
(D) Non-Attorney Commissioner. Court employees qualified to act as a
judicial officer under Supreme Court General Rule 8 (GR 8) may be appointed
Court Commissioner by a majority of the Judges. The appointee shall perform
such duties as authorized by the Judges, in addition to the duties of his or
her regular position. The appointment and designation of Court Commissioner
shall be for a period prescribed by the Judges.
(E) A Pro-Tempore Judicial Officer shall receive the necessary orientation
and training before assignment. The Pro-Tempore Judicial Officer will be
assigned only to a calendar on which they have received training and orientation.
(1) The regularly appointed Court Commissioner shall be first utilized for
judicial calendars and only in their absence or unavailability shall Pro-Tempore
Judicial Officers be used on a judicial calendar.
(2) The Judicial Operations Manager shall notify and schedule the Pro-Tempore
Judicial Officers. (Amended effective Sept. 1, 2002.)
(F) The Pro-Tempore Judicial Officers shall be administered the Oath of
Office as required in section 3.34.080 of the Revised Code of Washington only
by the Judicial Operations Manager, the Presiding Judge or the Acting Presiding
judge in the absence or unavailability of Presiding judge. No other person
shall be authorized to administer the Oath of Office on behalf of the Court.
(Amended effective Sept. 1, 2002.)
(6) Court Administrator. (Amended effective Sept. 1, 2002.)
(A) Selection. Upon a vacancy, the Presiding Judge and not less than two (2)
additional Judges selected in a Judges' meeting shall act as a Personnel
Committee. The Personnel Committee shall take the necessary step to obtain
qualified applicants. The Committee shall screen the written applications,
conduct interviews, and make recommendations to the Judges. Any Judge may
attend, participate, and vote as a member of the Personnel Committee. Selection
of the Court Administrator shall be by majority vote of Judges present at a
regularly scheduled Judges' meeting.
(B) Termination. The Court Administrator shall serve at the pleasure of
the Judges and shall be terminated by a majority vote of judges at a regularly
scheduled Judges' meeting.
(7) Duties of Court Administrator. The Court Administrator shall assist
the Presiding Judge in his or her administrative responsibilities. Subject to
the general supervision of the Presiding Judge, the Administrator's duties
shall include but not be limited to those duties set forth in the job
description for the Court Administrator. (Amended effective Sept. 1, 1998.)
(8) Departmental Employees. Departmental employees are those employees
assigned to a Judge, or Judges, and shall include, but are not limited to
Judicial Assistants and Judicial Secretaries. The Judicial Operations Manager
shall be the immediate supervisor of the Judicial Assistants and Judicial
Secretaries with such duties and responsibilities as assigned by the Judges.
Departmental Employees shall be selected and serve at the pleasure of the
Judges in accordance with policies approved by the Court and procedures
contained in the District Court Employee Handbook. (Amended effective Sept. 1, 2008.)
(9) Employer-Employee Relations. The Court shall issue an employee
handbook which will set forth the general employment policies and practices of
the Court, and a code of conduct for all employees. Except as otherwise
provided in the Local Rules of the Spokane County District Court, and the
Policies adopted by the District Court, all employees of the Spokane County
District Court shall comply with the provisions of the handbook.
(Adopted effective Sept. 1, 1997, Adopted effective Sept. 1, 2009)
(10) Courtrooms. The Court shall have its main facility at the Spokane
County Courthouse site located at the Public Safety Building, the Courthouse
Annex and the Broadway Center Building. The Court shall sit from time to time
at the branch sites including the City of Spokane Valley, Cheney, and such
other location designated by the County Legislative authority. Only those types
of cases specifically approved by the Court shall be heard at branch sites.
(Amended effective Sept. 1, 2008. Amended effective Sept. 1, 2009, Amended effective Sept 1, 2012)
LARLJ 10
PARALEGALS
Paralegals who are currently registered with the Spokane
County Bar Association for the purpose of presentation of
such orders may personally present agreed, ex-parte and
uncontested orders signed by counsel, based solely upon the
documents presented and the record in the file. Said
privilege may be revoked or limited by the Court for
noncompliance with this rule, or other misconduct,
regardless of whether the Paralegal is permitted to present
orders before other Courts.
(Amended effective Sept. 1, 1995, amended effective Sept. 1, 2000.)
LARLJ 11
RECEIVING SERVICE OF PROCESS
Service of Process of legal suits, writs, or other actions on or
against Spokane District Court shall be served upon the Court
Administrator or Presiding Judge in his or her official capacity.
(Adopted Sept. 1, 2004, Amended effective Sept 1, 2009)
LARLJ 12
Investigations by the Judicial Conduct Commission:
Access to Sealed Files and Documents
(a) Confidential Use: Upon request, the clerk of the court shall provide
copies of or otherwise describe the contents of sealed files to a
representative of the State Commission on Judicial Conduct, who is
conducting a confidential investigation pursuant to Wa Const. Art. IV
sec.31.
(b) Public Use: No materials in a sealed file may be made public,
unless the Commission has first obtained an order pursuant to GR 15 and LR
79(d)(5). Motions to obtain such an order shall be made to the Presiding
Judge. (Adopted effective Sep. 1, 2007).
LARLJ 30
ELECTRONIC FILING
(d)(2)(D)(ii) Any document initiated by a law enforcement officer is
presumed to have been signed when the officer uses his or her user ID and
password to electronically submit the document to a court or prosecutor through
the Statewide Electronic Collision & Traffic Online Records (SECTOR)
application, the Justice Information Network Data Exchange (JINDEX), or the
local secured system "Xpediter" used by the County of Spokane and City of
Spokane. Unless otherwise specified, the signature shall be presumed to have
been made under penalty of perjury under the laws of the State of Washington
and on the date and at the place set forth in the citation.
[Amended Effective September 1, 2011]
LCRLJ 1
LOCAL CIVIL RULES AND SCOPE
[See LARLJ 2]
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 filed with
the Clerk.
(6) Documents Not to be Filed:
(A) Interrogatories and depositions without
written permission of Court, unless necessary for
the disposition of a motion or objection;
(B) Unanswered request for admissions unless
necessary for the disposition of a motion or
objection;
(C) Photocopies of reported cases, statutes or
texts appendixed to a brief or otherwise, shall not
be filed, but may be furnished directly to the
Judge hearing the matter;
(D) Documents or copies thereof which should be
received as exhibit rather than part of the Court
file.
(E) Request for discovery and/or answer shall not
be filed 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 the reasonable attorney fee. [See LCRLJ 68]
LCRLJ 10
FORM OF PLEADINGS
(d) Bottom Notation. At the left side of the bottom of each page of
all pleadings and other papers prepared by an attorney, an abbreviated
name of the pleading or other paper should be repeated, followed by
the page number. At the right side of the bottom of the first page of
each pleading or other paper, the name, mailing address and telephone
number of the attorney or firm preparing the paper should be printed
or typed.
(1) Every proposed order or judgment and decree presented to a
Judge for signature shall be signed by the individual attorney or
pro-se party. Attorneys signing shall include their Washington
State Bar Association identification number.
(2) Change of Name or Address of Attorney. An attorney whose
office address or whose name changes shall, within 10 days after
the change, notify in writing the District Court Administrator's
Office. An attorney may use the same format referred to in APR
13 or the form in use by the Washington State Bar Association.
(A) Change of Address. The Attorney shall furnish his or
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.
(B) Change of 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.
(e) Paper Weight and Type Style. Unless otherwise authorized,
pleadings, motions, and other papers filed with the Court shall be on
standard 20 weight paper. Forms and pleadings shall be printed in
standard text fonts (e.g. Arial or Times New Roman) and in standard
point sizes (e.g. 12 point or 10 point). Other point sizes may be
used for captions and footers so long as the captions and footers are
legible when faxed, photocopied or scanned. Bold, underlined and
italicized type is acceptable where appropriate.
(f) Format Recommendation
(1) Documents to be filed with the County Auditor, such as Name
Change Orders, etc., shall conform to the format requirements set
forth in R.C.W. 65.04.045.
LCRLJ 11
SIGNING OF PLEADINGS
(a) Failure of a party to comply with the Local Rules of
this Court may be grounds for imposition of appropriate
sanctions.
(1) The term party shall include the attorney for such
party unless the context of the rule excludes such meaning.
LCRLJ 33
INTERROGATORIES TO PARTIES
(Deleted effective September 1, 2001.)
(a) Limited Interrogatories Without Prior Approval of the
Court; Parties Represented by Attorneys.
(Deleted effective September 1, 2001.)
(b) Discovery When Damages Equal or Exceed $10,000.
(Deleted effective September 1, 2001.)
LCRLJ 38
JURY TRIALS
(d) Impaneling the Jury
(1) Voir Dire
(A) Completion of Voir Dire - Juror Questionnaires
and Information Form. At the conclusion of voir
dire, Juror Questionnaires, if any, and Information
Forms shall be immediately returned to the Court.
Juror Questionnaires and Information Forms may not
be removed from the courtroom without the express
permission of the trial Judge. Juror Information
Forms and Questionnaires will not be filed with the
Court file. The trial Judge shall direct that
individual Questionnaires of jurors dealing with
matters of a personal or sensitive nature, if
required to be filed by rule or statute, shall be
separately filed under seal.
(Amended effective Sept. 1, 1998)
(3) Peremptory Challenges
(A) The exercise or waiver of peremptory
challenges shall be noted secretly on the jury list.
LCRLJ 40
ASSIGNMENT OF CASES
(a) Notice of Trial - Note of Issue - Civil
(1) Of Fact. Any party desiring to bring an issue of fact to trial shall serve
and file, not later than seven (7) Court days preceding the setting day, a
properly completed Note for Trial Setting. The Civil Clerk shall place on the
setting calendar only those cases which are properly and timely noted. A party
noting a case for trial thereby certifies that the case is at issue and that
necessary witnesses will be available. Any party contending a case is not ready
for trial shall do by serving and filing a counter Notice of Trial or objection
to the setting at least three (3) days prior to setting day. The objection will
be heard by the Civil Department Judge.
(Amended Sept. 1, 2005).
Failure to comply with this rule by any party may result in the imposition of
terms; and/or the striking of the case from the calendar; and/or the refusal to
grant a requested continuance.
(2) Of Law. Issue of Law may be noted for hearing on the Note For Hearing-Issue
of Law form, and shall be heard on Friday of each week at 10:00 a.m. For issue
of default, see LCRLJ 55.
(b) Method
(1) Civil Trial Setting Day. Note for trial shall be set for 9:00 A.M. on
Fridays. The Civil Department Judge shall hear all objections to setting at that time.
(Amended Sept. 1, 2005, Amended Sept. 1, 2009).
(2) Civil Trial Date and Uncontested Setting. The Civil Clerk shall determine
the trial date on all uncontested trial settings and place such case on the
assigned trial calendar with proper notification to all parties by the Court.
(Amended Sept. 1, 2005).
(3) Pro-Se Party - Civil Case. In every action in which there is a pro-se
party, a Civil Clerk shall set the trial date when the pleadings are completed.
The Clerk's Office shall notify the parties of the trial setting by regular
first class mail and complete a certificate of mailing.
(Amended Sept. 1, 2005).
(4) Civil Case - Notification of Out-of-County Counsel. Spokane County Counsel
shall notify in writing, within five (5) days of the notice of case setting,
all out-of-county counsel of the trial date of the case in which they are
concerned and file a copy of such notice with a certificate of mailing.
(5) Motion Setting - Civil
(A) Filing Note for Hearing. The Note for Hearing-Issue of Law must be
served and filed no later than twelve (12) 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. At the time
reporting counsel will be informed which Judge will be hearing the motion
calendar. In the event an agreed or uncontested Order of Continuance is to be
entered, or an Order to change Judge filed, counsel are further required to so
file and notify the District Court Civil Clerk by 4:30 p.m. two (2) days before
the scheduled hearing. Failure to comply with the provisions of this rule will
result in the motion being stricken from the motion calendar.
(Amended Sept. 1, 2005, Amended Sept. 1, 2009)
(6) 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 (5) above; and a continuance may be granted only in accordance with
the provisions of paragraph (e) below.
(7) Filing 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 seven (7) 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.
(A) Length of Memoranda. Memoranda relating to motions shall not exceed ten
(10) pages. Attached copies of foreign and federal decisions are not included
in the ten (10) page limitation. Waiver of page limitations may be granted only
upon motion demonstrating good cause which may be heard ex-parte.
(8) 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.
(9) Motion Hearing Procedures. Oral argument on motions shall be limited to ten
(10) minutes for each side unless the assigned Judge determines otherwise, in
which case the motion may be placed at the end of the calendar.
(Amended Sept. 1, 2005).
(10) Pre-Assignment of Cases. All cases shall be pre-assigned to a Judicial
Department except Ex- Parte matters.
(Amended Sept. 1, 2005).
(11) Civil Ex-Parte Matters. Any Agreed Orders may be granted or denied by the
judicial officer presiding in the Ex Parte department, or by any judge or court
commissioner provided that the assigned judge is unavailable.
In the event a non-assigned judicial officer elects to deny to sign an agreed
order, a denial of an order shall be noted on the order and filed in the legal file.
(Amended effective Sept. 1, 1995, Sept. 1, 1999, Sept 1, 2008.)
(d) Trials
(1) Daily Calendar Procedure. The daily trial calendar shall be called at 9:00
a.m. and 1:30 p.m. by the assigned Judicial Departments.
(2) Case Assignment Procedure. Cases which are ready for trial but are not
brought to trial because of non-availability of the trial Court, shall be
carried forward on the calendar to a day certain.
(3) Notice of Change in Status. Trial counsel are to report changes in the
status of cases on the trial calendar to the Clerk. Special problems which
affect readiness, such as unavailability of a witness, a party, or counsel,
must be reported immediately. Neglect of this duty resulting in expense or
inconvenience to the Court or other litigants may result in the imposition of
terms, the refusal to grant a requested continuance, or the case being stricken
from the calendar.
(e) Continuances
(1) Contested Continuances. If an attorney needs to have a case continued and
the continuance is opposed, a motion for continuance shall be served on the
opposing party and submitted to the assigned Judge not less than three (3)
Court days in advance of the trial date. The motion shall be accompanied by an
affidavit stating the reasons of necessity of the continuance. The three-day
requirement may be waived if an emergency exists in fact. Terms may be imposed
in the discretion of the Court. If a continuance is granted, it shall be
reflected on the appropriate Court form or a comparable order.
(Amended effective Sept 1, 2005, Amended effective Sept 1, 2009)
(A) Pro-Se Parties. A pro-se party may request a continuance at the time of the
hearing without compliance with the provisions of paragraph (1) above. Upon a
showing of good cause, in the interest of justice, and/or the imposition of terms,
the Court may grant a continuance. The continuance shall be noted on the case file.
(2) Agreed Continuances. In cases where all parties agree, an Order of
Continuance will be presented for the assigned Judge's consideration not later than
one (1) day prior to the date set for trial, unless otherwise authorized by the Court.
(A) Jury Trials. No jury trial will be continued, absent exigent circumstances,
unless the agreed Order of Continuance is submitted to the assigned Judge for
his or her consideration, not less than three (3) working days prior to the
scheduled jury trial date.
(g) Pre-Trial Conference
(1) The Judicial Department assigned to the case will determine whether a case
would benefit from a Pre-Trial Conference. The proceedings of the settlement
conference are privileged and shall not be recorded. The attorneys for both
parties shall attend with their respective clients. The parties shall confer in
good faith prior to the date of the Pre-Trial Conference and attempt to reach
an agreed disposition.
LCRLJ 43
TAKING OF TESTIMONY
(e) Evidence on Motions
(1) 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 seven (7) days pursuant to LCRLJ
40(b)(9), or the movant 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 43.1
COURTROOM PRACTICE AND DECORUM
(a) Examination of Witnesses and Arguments
(1) During opening statement, examination of witnesses and arguments, counsel
should remain at counsel table unless otherwise authorized by Court.
(2) Do not approach a witness without asking permission of the Court. When
permission is granted for the purpose of working with an exhibit, resume the examination
from counsel table when finished with the exhibit.
(3) Rise when addressing the Court and when making objections as this calls the
Court's attention to you.
(b) Objections to Questions and Evidence
(1) When objecting, state only that you are objecting and specify the ground or grounds
of objection. Do not use objections for the purpose of making a speech, recapitulating
testimony or attempting to guide the witness.
(2) Argument upon the objection will not be heard until permission is given or argument
is requested by the Court.
(c) Decorum
(1) Address all remarks to the Court. Colloquy or argument between attorneys is not permitted.
(2) In a jury case, if there is an offer of stipulation, first confer with opposing
counsel and obtain the Court's permission before submitting it to the jury.
(3) Counsel during trial shall not exhibit familiarity with witnesses, jurors, or
opposing counsel. The use of first names or nicknames is to be avoided. During jury argument,
no juror shall be addressed individually or by name.
(4) During the argument of opposing counsel, remain seated at the counsel table and be
respectful. Never divert the attention of the Court or the jury.
(d) Witnesses and Ruling of the Court
(1) Witnesses shall at all times be treated with fairness, consideration and respect.
(2) No person shall ever by facial expression or other conduct exhibit any opinion concerning
any testimony which is being given by a witness, or as to a ruling by the Court. Counsel will
admonish their clients and witnesses about this very common occurrence.
(e) Court Hours and Promptness
(1) The Court will make every effort to commence proceeding at the time set. Promptness
is expected from counsel and witnesses.
(2) Counsel should make every effort to schedule witnesses in order to ensure full
utilization of the trial day.
(f) Exhibits
(1) All exhibits should be pre-marked for identification prior to trial. The Judicial
Assistant assigned to each Judge will cooperate with counsel in facilitating the marking
and management of the exhibits.
(Amended effective Sept. 1, 2009)
(2) Documents and other exhibits should be shown to opposing counsel before their use in Court.
(3) Ordinarily, exhibits should be offered in evidence when they become admissible rather
than at the end of counsel's case.
(4) Marking on exhibits should only be made after receiving the Court's permission to do so.
(g) Opening Statements. Confine your opening statement to what you expect the evidence to show.
It is not proper to use the opening statement to argue your case or instruct as to the law.
LCRLJ 47
JURORS
(a) Examination of Jurors (See Local Rule 38)
(Adopted effective Sept. 1, 1998.)
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 twenty (20) 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 51
INSTRUCTIONS TO JURY AND DELIBERATIONS
(a) Proposed. In addition to the proposed instructions
required by CRLJ 51, each party shall submit a brief
statement of the case suitable to be read to the jury before
the voir dire examination.
(c) Form. Copies of proposed instructions shall contain
supporting citations or reference to a pattern jury
instruction.
(d) Published Instructions.
(3) Request of WPI or WPIC by reference. (Reserved.)
LCRLJ 54
JUDGMENTS AND COSTS
(c) Demand for Judgment
(1) Method - Ex-Parte Judgments and Orders. Counsel, legal
interns and paralegals registered with the Spokane County Bar
Association 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.
Legal Interns presenting ex-parte or other agreed orders as
authorized by APR 9(c)(4) shall be sufficiently familiar with the
matter so as to satisfy the Court on any question reasonably to
be anticipated. Counsel may present routine ex-parte or
stipulated matters based on the record in the file by mail
addressed to the Civil Clerk. Self-addressed, stamped envelopes
shall be provided for return of any conformed materials and/or
rejected orders.
(d) Cost-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 may include documentation of time and charges.
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.
(2) If reasonable attorneys 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 fees on any basis other than contract
provision.
(4) Statutory attorney fees may be granted when reasonable
attorney fees are not authorized. (See RCW 12.20.060)
(5) Assigned Claims. Before costs and attorney 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 or she has
had reasonable opportunity of not less than thirty (30) days to
pay the disputed amount prior to the suit. Reasonable attorney
fees, when allowed, shall not exceed either ten percent (10%) of
the disputed amount or the statutory attorney fee, whichever is
greater unless there is documentation of time and charges.
(A) Payment Prior to Trial. A statutory attorney fee shall
be allowed when the amount in dispute is paid any time prior
to trial on assigned claims. A reasonable attorney fee
shall not be allowed absent satisfactory justification
including documentation of time and charges.
(6) Offers of Settlement. Improper communication of an offer
of settlement shall result in the denial of reasonable attorney
fees. [See LCRLJ 5(d)(7) and LCRLJ 68.]
LCRLJ 55
DEFAULT
(b) Entry of Default
(5) Form and Documentation
(A) Orders for Default and Default Judgments must be accompanied by the
original and two copies of the following:
(1) Supporting documentation of debt or Affidavit of
Indebtedness.
(2) Declaration or Affidavit of Service if not
previously filed.
(3) Affidavit Regarding Military Service on the form
provided by the court for each defendant against whom
the plaintiff is requesting an order of default or
default judgment.
(4) Affidavit of Venue and other requirements
under CRLJ 55 (a) and (b).
(5) On NSF checks, a separate pleading itemizing all
charges and penalties claimed pursuant to RCW 62A.3-
515.
(6) If the default motion is mailed or left with the
court, a stamped, self addressed envelope for the clerk
to return a conformed copy to the plaintiff.
(B) Prejudgment Interest will be governed in accordance
with RCW 19.52 and RCW 62A.3-515. Specific citation of
authority must accompany requests for Pre-Judgment Interest
on any other basis.
(6) Presentation and entry of defaults may be noted for hearing
before the Civil Department Judge on Friday morning at 10:00 A.M.
(7) Post-Judgment Interest will accrue in accordance with
RCW 4.56.110. Specific citation of authority must accompany
requests for Post-Judgment Interest on any other basis.
(8) (i) Any plaintiff who obtains an average of five
(5) or less default judgments per month from this Court may
do so on any form or forms that comply with State statutes
and the Rule for Courts of Limited Jurisdiction.
(ii) Any plaintiff averaging more than five (5)
default judgments per month, unless leave of Court is
granted, shall use the Motion and Affidavit for Default and
the Order for Default and Default Judgment form provided by
the Court. The Motion and Affidavit for Order of Default
and Default judgment shall be available in the Clerk's
Office and on the court's official website.
LCRLJ 56
SUMMARY JUDGMENT
(See LCRLJ 40)
LCRLJ 58
ENTRY OF JUDGMENT
(a) 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.
(Amended effective Sept. 1, 2009)
LCRLJ 60 (c)
RELIEF FROM JUDGMENT OR ORDER
(Adopted Sept 1, 2004, repealed Sept. 1, 2009).
LCRLJ 68
OFFER OF JUDGMENT
(a) Form. Offers of Settlement shall clearly state it is an
Offer of Settlement and specifically refer to Chapter 4.84 of
the Revised Code of Washington.
(1) Method of Service. Service shall be made as
permitted in CRLJ 5;
(2) Time of Service. Service shall be made in
accordance with RCW 4.84.280.
(3) Pro-Se Parties. Offers of Settlement served on pro-
se parties shall include a statement that failure or
refusal to accept this offer may result in a reasonable
attorney fee being assessed at the time of judgment.
Failure to include such wording will be grounds for the
Court to deny reasonable attorney fees.
LCRLJ 69
EXECUTION, SUPPLEMENTAL PROCEEDINGS AND GARNISHMENTS
(a) Scope. Execution, supplemental proceedings and
garnishments are governed by Statute (see Title 6 and 7
of the Revised Code of Washington).
(1) Supplemental Proceedings. 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.
(Amended effective Sept. 1, 1998.)
(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 $500.00
unless the total judgment, including costs and
fees, is less than $500.00, 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. the Civil counter within 24 hours of
release to make a court date. The Clerk shall set
a new date and time for the Supplemental
Proceeding and notify both parties.
(Amended Effective Sept. 1, 2005).
If the judgment debtor is not released on bail or
bond, he or 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 on
Supplemental Proceedings, and notify both parties.
Upon completion of the examination of the judgment
debtor, and the bail shall be exonerated unless
the Court orders otherwise.
(3) (Deleted)
(b) Judgment Against Garnishee Defendant.
(Adopted effective Sept. 1, 1999.)
(1) In the event a garnishee defendant answers a
writ of garnishment, judgment against the
garnishee may be entered only after:
(A) Twenty days have elapsed from the
date of filing of the answer or the second
answer in the event of a continuing lien;
(B) Proof of service of the writ, and
other documents required by the statute to be
served is filed with the Court.
(2) A judgment upon an answer of a garnishee
defendant may be entered on an ex parte basis.
(3) In the event a garnishee defendant fails to
answer the writ of garnishment, a default judgment
against the garnishee defendant may be entered only after:
(A) Twenty days have elapsed from the filing
and service of the writ;
(B) Notice of intent to present the default
judgment shall be personally served or sent
by certified mail giving at least 10 calendar
days notice before the default judgment is
taken. Proof of mailing must be filed before
the default judgment is taken.
(c) Exemption Claims to Writ of Garnishment
(1) Exemption Claims and Hearings
Non-Responsive Exemption Claim. An Exemption
Claim in the form prescribed in RCW 6.27.140,
submitted by a party shall be deemed Non-
Responsive if:
(A) The form is submitted in blank and/or
does not assert a claim of exemption;
(B) Exemption(s) specific to bank accounts
are claimed and the Writ is not directed to a bank;
(C) Exemption(s) specific to Child Support
Garnishments are claimed and the Writ is not
issued for enforcement of a child support judgment;
(D) Exemption(s) specific to pension or
retirement benefits are claimed and the Writ
is not directed to the garnished party's
employer or other pension or retirement
benefit provider; or
(E) Exemption(s) specific to other personal
property are claimed and the Writ is directed
to a bank, employer or other holder of
monetary amounts belonging to the garnished party.
(2) Denial of Non-Responsive Exemption Claim:
(A) Claim as defined in this rule shall be
denied without a Court hearing if the
garnishing party files and serves a Notice of
Non-Responsive Exemption Claim, substantially
in the form prescribed in subsection (3) of
this rule, within seven (7) 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 U.S. Mail
on or before the seventh day after the
garnishing party receives the Exemption Claim.
(B) Notice of Non-Responsive Exemption Claim
Form. The Notice of Non-Responsive Exemption
Claim shall be substantially in the form
approved by the Court.
(Adopted effective Sept. 1, 1995.)
(d) Federal Government as Garnishee Defendant
(1) Whenever the federal government is named as a
garnishee defendant, the Clerk of 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.
(2) Funds received by the Clerk from a garnishee
defendant may be deposited into the registry of
the Court, or in 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 fund over to the party entitled to
the 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.
(3) The party requesting the Writ of Garnishment
shall supply a copy of the notice to the garnishee
defendant with a pre-addressed envelope to the
Court which has the cause number displayed thereon
and to the garnished party in the same manner as
is permitted for the service of the Writ of Garnishment.
(4) The notice to the federal government employer
shall be in substantially the form approved by the Court.
(Adopted effective Sept. 1, 1995)
LCRLJ 79
BOOKS AND RECORDS KEPT BY THE CLERK
(a) Records. Records are governed by Title 3 of the
Revised Code of Washington.
(b) Other Books and Records Kept by Clerk
(1) Exhibits. Exhibits shall be kept with the
Court file unless they are oversize. Any
inspection of an exhibit must be in the presence
of the Clerk or a Deputy Clerk unless authorized
by an order of the Court. (Amended Sept. 1, 2005).
(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 or she
shall seek the advice of the Civil Judge before
filing the same. (Amended Sept. 1, 2005).
(3) Withdrawal of Files. No file may be removed
from the Clerk's Office without an order of the
Court, except as herein provided: an attorney,
legal intern, paralegal registered with the
Spokane County Bar Association, District Court
Probation Officer, or Pre-Trial Release Evaluator
may withdraw a file without a specific order of
the Court. A person withdrawing a file and
failing to return same file by the close of
business of the same day the file was withdrawn,
shall lose the privilege of withdrawing files
until the previously withdrawn 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 withdrawing a
file and leaving it with a Judge or Judicial
Secretary shall have the duty to immediately
correct the check out record in the Clerk's
Office, showing the file was, in fact, left with a
Judge or Judicial Secretary.
(4) Items Required to be Sealed by the Clerk's
Office are as follows:
(A) Probation Department Investigation
reports for sentencing procedures;
(B) Alcohol evaluations and reports;
(C) Mental Health evaluations and reports;
(D) Drug Evaluations and reports;
(E) Pre-trial release evaluations and recommendations; and
(F) Any other item ordered to be sealed by a
Judge or classified as confidential by
statute, rule or regulation. [See LARLJ 9.]
LCRLJ 83
LOCAL RULES OF THE DISTRICT COURT
(a) Adoption and Amendments. [See LARLJ .]
LCrRLJ 1.6
CONDUCT OF COURT
(a) The Local Civil Rules (LCRLJ) will supplement the
Criminal Rules (CrRLJ) in the absence of an appropriate
Local Criminal Rule (LCrRLJ).
LCrRLJ 1.7
LOCAL CRIMINAL RULES
(a) Adoption and Amendments. [See LARLJ 2.]
LCrRLJ 2.3
SEARCH AND SEIZURE
(c) Issuance and Contents.
A search warrant may be issued only if the court determines there is
probable cause for the issuance of a warrant. There must be an affidavit, a
document as provided in RCW 9A.72.085 or any law amendatory thereto, or sworn
testimony establishing the grounds for issuing the warrant. The sworn testimony
may be an electronically recorded telephonic statement, facsimile machine
document or electronically mailed document. The recording or a duplication of
the recording facsimile, or electronic mail shall be a part of the court record
and shall be transcribed if requested by a party if there is a challenge to the
validity of the warrant or if ordered by the court. The evidence in support of
the finding of probable cause shall be preserved and shall be subject to
constitutional limitations for such determinations and may be hearsay in whole
or in part. If the court finds that probable cause for the issuance of a
warrant exists, it shall issue a warrant or direct an individual whom it
authorizes for such purpose to affix the court's signature to a warrant
identifying the property or person and naming or describing the person, place
or thing to be searched. The court's authorization may be done by electronic
signature process. A record shall be made of any additional submitted evidence
on which the court relies.
(h) Search Warrants.
(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.
(Amended effective Sept. 1, 1995.)
(Adopted effective Sept. 1, 2003; Amended effective Sept. 1, 2003, Amended effective Sept. 1, 2012)
LCrRLJ 2.5
PROCEDURE ON FAILURE TO OBEY CITATION AND NOTICE 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 under the
following provisions:
(1) The Failure To Respond Arrest Warrant was
issued because the defendant failed to respond to
the citation or a Summons and Complaint.
(2) The defendant personally appears at the
counter to sign for a court date, or appears
through counsel.
(Amended effective Sept. 1, 1995.)
CrRLJ 3.2.1
Procedure Following Warrantless Arrest - Preliminary Appearance
(b) How Determined.
The court shall determine probable cause on evidence presented by a peace
officer or prosecuting authority in the same manner as provided for a warrant
of arrest in rule 2.2(a). The evidence shall be preserved and may consist of
an electronically recorded telephonic statement, facsimile machine document, or
by electronic mail. If the court finds that release without bail should be
denied or that conditions should attach to the release on personal
recognizance, other than the promise to appear for trial, the court shall
proceed to determine whether probable cause exists to believe that the accused
committed the offense charged, unless this determination has previously been
made by a court. Before making the determination, the court may consider an
affidavit, a document as provided in RCW 9A.72.085 or any law amendatory
thereto, or sworn testimony, and further may examine under oath the affiant and
any witnesses the affiant may produce. Said documentation may be provided to
the court by facsimile machine document or electronic mail. Sworn testimony
shall be electronically or stenographically recorded. The evidence shall be
preserved and shall be subject to constitutional limitations for probable cause
determinations, and may be hearsay in whole or in part. Court authorization may
be done by electronic mail using an electronic signature process.
LCrRLJ 3.1(e)
WITHDRAWAL OF LAWYER
(e) ...
(1) 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.
LCrRLJ 3.2
RELEASE OF ACCUSED
(k) Forfeiture. Criminal offenses disposable by bond forfeiture, except as
mandated by CrRLJ 3.2, shall be approved, by a majority vote of the Judges.
A public list of offenses, amounts, and conditions shall be maintained by the
Clerk's Office, and available upon request. Nothing in this rule restricts a
case by case disposition of a criminal matter.
(m) Bail Schedule.
(1) A bail schedule for persons arrested on probable cause, except such
schedule as is mandated by CrRLJ 3.2(m), may be established by a majority vote of
the Judges. The Schedule may be revised from time to time in the interests of
justice and available in the Clerk's office. The bail schedule shall be a
General Order and not part of the Local Rules. A copy of the
General Order setting forth the bail schedule shall be furnished to the jail.
(2) Any person arrested by a Law Enforcement Officer on Probable
Cause (without an arrest warrant) for the below listed offenses
shall be held in jail pending the Defendant's First Appearance in
the absence of a judicial order:
(A) An offense classified as a Domestic Violence under Chapter 10.99
of the Revised Code of Washington or anequivalent local ordinance.
(B) An offense classified as Harassment and/or Stalking under Chapters 10.14
and/or 9A.46 of the Revised Code of Washington or an equivalent local ordinance.
(C) An offense classified as a Felony.
(3) Any person arrested and booked into jail for Driving Under the Influence,
(RCW 46.61.502).or Physical Control of Vehicle Under the Influence (RCW 46.61.504),
shall be held in jail without bail pending the Defendant's First Appearance before
a judge, in the absence of a judicial order.
(n) Personal Recognizance Release. Reserved
LCrRLJ 3.3
TIME FOR TRIAL
(f) Continuances
(3) Form and Procedure. A continuance in a criminal matter
shall be requested on a Case Scheduling Order, and submitted to
the assigned Judge for approval in accordance with the provisions
of LCRLJ 40(e).
(k) Deferred Prosecution
(1) (A) 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.
(B) 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.
(2) When the Court denies the Petition for a Deferred
Prosecution, timely filed under this rule, the case shall proceed
to trial as previously set.
(3) 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 3.4
PRESENCE OF THE DEFENDANT
(a) When Necessary
(1) Pre-trial Hearings. The assigned Judge will determine if a
Pre-trial hearing shall be scheduled after the arraignment. The
parties shall confer in good faith prior to the Pre-trial or
readiness 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.
(d) Video Conference Proceedings
(2) Approval of the assigned Judge must be obtained in advance
to conduct by video conference such proceedings as provided for
by CrRLJ 3.4 (d)(2).
LCrRLJ 4.1
PROCEEDINGS BEFORE THE JUDGE-APPEARANCE-BAIL
(d) Appearance by Defendant's Lawyer
(7) Attorneys retained by defendants, 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.
(e) 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 Court Appearance Counter to obtain an Arraignment or
Pre-Trial Conference date. A defendant wishing to be represented by the Public
Defender shall be referred to the Probation Department for a determination of
eligibility.
(g) For the Municipal Court of the City of Cheney the requirement for
appearance by the Defendant in person within one judicial day after arrest as
set forth in RCW 46.61.50571 is waived; however, such defendants are required
to appear in person at the Municipal Court of the City of Cheney at the next
regularly-scheduled Court day of such Court. The Judge assigned to the
Municipal Court shall file in advance a schedule of Court dates with the Clerk
of the Municipal Court of the City of Cheney.
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.
(Amended effective Sept. 1, 2009)
LCrRLJ 4.7
DISCOVERY.
(e) Discretionary Disclosure
(3) Any motion for items and information not
covered by Section (a) and (d) of CrRLJ 4.7 shall
be accompanied by an affidavit setting forth in
detail the reasons the requested items and
information are material and significant enough to
amount to a denial of the right to a fair trial,
if not ordered discoverable, so that the Court may
have a basis for its ruling.
(Amended effective Sept. 1, 1998.)
LCrRLJ 6.1.1
TRIAL BY JURY OR BY THE COURT
(a) Trial by Jury - Waiver.
[Deleted]
(Deleted effective September 1, 2007)
LCrRLJ 6.13
EVIDENCE
(Repealed effective Sept. 1, 2009)
LCrRLJ 7.2
SENTENCING
(e) Reduction of Sentence for Trustee Status
[Deleted]
(Deleted effective September 1, 2001)
LCrRLJ 8.2
MOTIONS
(a) Calendar Settings.
All motions for dismissal, suppression and post-sentence relief, except motions
pursuant to rule 3.5, shall comply with the provisions of CrRLJ 3.6.
(b) Motions to Dismiss and Motions to Suppress Evidence.
Said Motions shall be filed and served at least three (3) weeks prior to the
hearing and heard not later than one (1) week before the case is set for trial.
The responding party shall file and serve any responding brief or memoranda one
(1) week prior to Motion Hearing. Provided, however, that the Court may waive
this requirement if due diligence has been shown or justice otherwise requires.
It is the duty of the moving party to notify the assigned Judge by noon of the
day prior to the motion day if oral testimony is required and estimated length
of time required for the Motion. This rule does not authorize oral testimony
when the facts can be adequately presented by affidavit and other documentary evidence.
(c) Agreed Orders-Criminal Cases.
The following Agreed Orders may be approved or denied by any Judge or
Commissioner PROVIDED the assigned Judge is absent or unavailable unless
otherwise noted on and after review of the case file:
(1) Agreed Order of Dismissal
(2) Agreed Order of Misdemeanor Compromise
(3) Agreed Order of Bond Forfeiture
(4) Agreed Order of Pre-Trial Jail Release
(5) Agreed Order of Pre-Trial Bond Release
(6) Agreed Order of Pre-Trial Bond Reduction
(7) Agreed Order of Continuance of Pre-Trial Conference
It is understood that the non-assigned judicial officer being asked to sign any
of the above Orders may refuse to sign. An Order not listed above shall be
presented only to the Judge assigned to the case for his/her approval or
denial. Orders denied must be noted on the Court file.
(d) Agreed Orders - Criminal Cases.
Any Agreed Orders may be approved or denied by the judicial officer presiding
in the ex parte department, or by any judge or commissioner provided the
assigned judge is unavailable.
In the event a non-assigned judicial officer elects to deny to sign an agreed
order, a denial of an order shall be noted on the order and filed in the legal file.
(e) Copies of Motions, Memoranda and Affidavits.
A copy of the motion, brief, memorandum, 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.
(f) Motion Hearing Procedure.
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.
(Amended effective Sept. 1, 2008, Amended effective Sept 1, 2009)
LCrRLJ 8.10
Closure of Proceedings and Closure of Records.
Reserved.
(Amended effective Sept. 1, 1995.)
LIRLJ 1.1
SCOPE AND ADOPTION
[See LARLJ 2.]
LIRLJ 2.2
INITIATION OF TRAFFIC CASES
(REPEALED AND RESERVED)
(d) Filing of Notice
(1) Whenever a Notice of Infraction has been issued
and not filed with the Court within 48 hours, as
prescribed by section (d), the Clerk shall bring the
untimely filing to the attention of the Traffic Docket Judge except:
(A) If the Notice of Infraction is not filed
within 72 hours after the issuance of the Notice,
excluding Saturdays, Sundays and holidays, the
Chief Infraction Clerk may note the citation
"dismissed without prejudice LIRLJ 2.2," and take
no further action.
(2) Notwithstanding the above rule, whenever money is
receipted on the defendant's copy of an Infraction,
prior to the filing of the Infraction by law
enforcement, the Infraction shall not be dismissed for
late filing. Nor shall the Notice of Infraction be
dismissed under this rule after is has been filed with the Court.
(REPEALED AND RESERVED)
LIRLJ 2.4
RESPONSE TO NOTICE
The procedure authorized in IRLJ 2.4 (b)(4) is adopted
by this court except with respect to violations of
Spokane County Code Sections 5.04.030 and 5.04.031 other
than Sections 5.04.030(c) and 5.04.031(c) and consistent
section 5.04.130 so that a person who has been served
with a notice of infraction may respond to that notice
within ten (10) calendar days of the date the notice is
personally served or, if the notice is served by mail,
within thirteen (13) calendar days of the date the
notice is mailed by appearing at designated window(s) of the
Spokane County District Court and showing proof of
having obtained an animal license relating to the
relevant charge(s) and paying or making suitable
arrangements to pay the sum of $50. Provided, however,
this option shall in no way hinder those other options
provided to such persons in this rule or IRLJ 2.4(b)(4).
The procedure authorized in IRLJ 2.4(b)(4) is adopted
by this court except as modified above.
[Effective October 10, 2003; January 2, 2004; April 1, 2004]
LIRLJ 2.5
FAILURE TO RESPOND
(a) Out-of-State Residents - Penalty Assessment. An
out-of-state resident failing to timely respond to an
Infraction notice shall be mailed a thirty day letter
authorizing a penalty forfeiture in the original
penalty amount if the defendant remits the required
amount within 30 days of the date of the letter.
(b) In-State Resident-Penalty Assessment. An in-state
resident failing to timely respond to an Infraction
shall have the privilege to remit and forfeit the
original penalty not later than 30 days after the
response period expired.
LIRLJ 3.2
FAILURE TO APPEAR
(b) Setting Aside Judgment Upon Failure to Appear -
Good Cause Petition
(1) A defendant may file a Good Cause Petition to
set aside a default judgment for Failure to Appear
at a requested hearing. Only one (1) Petition
shall be allowed on a Failure to Appear judgment.
A Mitigation hearing may be granted upon setting
aside the judgment. A Contested Hearing shall not
be allowed unless by special written Order of the
assigned Judge or Court Commissioner.
LIRLJ 3.4
HEARING ON MITIGATING CIRCUMSTANCES
(c) Disposition
(1) Written Request for Penalty Reduction. A defendant
requesting a reduction of the Infraction penalty may
have such determination based on his or her prior
driving record without an explanation of the event
cited. The amount of the reduction shall be set by the
Court in a written Order maintained in the Clerk’s
Office and available upon request.
(2) Infractions disposable by a reduced bond
forfeiture, with conditions precedent, shall be
established by a majority vote of the Judges. A public
list of Infractions, bond amount, and conditions shall
be maintained in the Clerk’s Office and available upon request.
LIRLJ 3.5
DECISION ON WRITTEN STATEMENTS
The procedure authorized by IRLJ 3.5 is adopted by this Court.
LIRLJ 6.2
MONETARY PENALTY SCHEDULE
(e) Penalty for Unscheduled Infractions and
Infractions not covered by LIRLJ 6.2 A penalty
schedule for persons charged with miscellaneous
infractions not covered by Supreme Court rule shall be
established by a majority vote of the Judges. The
schedule shall be revised from time to time in the
interest of justice and available in the Clerk’s
Office. Copies shall be furnished to law (traffic)
enforcement officer in Spokane County.
LIRLJ 6.6
SPEED MEASURING DEVICE: DESIGN AND CONSTRUCTION
CERTIFICATION
(b) Any certificate, affidavit, or foundation
evidentiary document allowed or required by IRLJ 6.6
can be filed with the Clerk of the Court and maintained
by the court as a public record. The records will be
available for inspection by the public. Copies will be
provided on request, subject to a charge for any
allowable copying fees.
(Adopted effective Sept. 1, 1999, amended effective
Sept. 1, 2000.)
(d) Requests to produce the electronic measuring
device expert shall be contained in a separate document
and served on the prosecutor with a conformed copy
filed with the Clerk of the Court. The Motion and
Order-Issue of Law, Form 1503, may be used to demand
the expert.
(1) The party filing the above demand shall
specifically call it to the Court Clerk’s
attention so the case will be set on the
appropriate radar expert trial date so as to avoid
a continuance under IRLJ 6.6(c).
LIRLJ 6.8
MOTION PRACTICE
All motion settings shall be served on the Prosecuting Attorney for the County
five (5) days prior to the date set on the Motion and Order Form 1503. The
District Court Clerk's Office shall furnish dates each week for the hearing of
motions on contested infractions. It will be at the discretion of the Judge or
Commissioner, after ruling on the motion, whether the infraction can then
proceed to contested hearing immediately, or be reset on a contested docket.
Motions in infraction cases shall comply with the above procedure or may be
stricken by the Court.
(Adopted effective Sept. 1, 1997, amended effective Sept. 1, 1998,
Amended effective Sept. 1, 2009)
Committee Comments: LIRLJ 6.8 has been adopted for the purpose of assisting
attorneys and defendants contesting infractions that require the determination
of a motion to: dismiss, suppress evidence, objection to jurisdiction,
objection to written statements or other issues, and will be considered by the
Court only if the above Rule is followed.
LJSC 0.1
SCOPE AN ADOPTION
[See LARLJ 2]
Local Rules on Small Claims actions supplement Chapter 12.40
of the Revised Code of Washington.
LJSC 0.2
HEARING
(a) Defendant. When a party against who a judgment is
sought fails to appear at the time and place specified
in the Notice issued pursuant to RCW 12.40. 060, a
default judgment shall be entered upon proof of valid
service, presentation of supporting evidence of
indebtedness, and proof of venue.
(b) Plaintiff. When a plaintiff fails to appear at
the time and place specified in the Notice issued
pursuant to RCW 12.40.060, the plaintiff’s claim shall
be dismissed without prejudice.
LJSC 0.3
MOTION TO VACATE DEFAULT JUDGMENTS
(a) A Motion to Vacate a Small Claims Court Judgment
shall be governed by CRLJ 55(c).
LJSC 0.4
NEW TRIAL, RECONSIDERATION AND AMENDED JUDGMENTS
(a) Time. A Motion for a new trial, reconsideration,
or amended judgment shall be filed within the statutory
appeal period.
(b) Procedure. The Motion shall be set for hearing
only with the permission of the Court and shall require
notice to the opposing party.
LJSC 0.5
PAYMENT OF MONETARY JUDGMENT
(a) Payment Plan. A Judgment debtor may petition the
Court for a payment plan prior to a transcript of such
judgment being entered on the District Court Judgment
Docket.
(b) Form of Petition. The petition shall be on a
Court approved form available in the Clerk’s Office.
The pertinent financial information shall be under
oath. Upon the filing of Petition for Installment
Payment, the Clerk’s Office shall set a hearing date
and notify both parties.
LJSC 0.6
REASONABLE ATTORNEY FEE ON CERTIFICATION
[Rescinded]
[Amended Effective September 1, 2011]
LRALJ 2.4
FILING NOTICE OF APPEAL
(a) Where to File Notice of Appeal. A Notice of Appeal from a final decision
of the Spokane County District Court must be filed with the Clerk of Court on
forms approved by the Court. Upon payment of the filing fee, if applicable,
or determination that no fee is due, the Clerk shall transmit a copy of the
Notice of Appeal, and all other necessary materials to the Superior Court Clerk.
(Amended Sept. 1, 2009)
(b) Filing Fee. Appellant(s) shall pay the Superior Court filing fee as
defined by law, unless specifically excused by law, or upon obtaining an Order
to Proceed in Forma Pauperis. Appellant shall file any Motion and Affidavit
for Order to Proceed in Forma Pauperis with the Judge or Commissioner who heard
the case, or in his or her absence, by the Presiding Judge. In Forma Pauperis
Petitions shall be filed on forms approved by the Court.
(Adopted effective Sept. 1, 1995.)
LRALJ 4.3
(b) Criminal Case. In order to stay a sentence, the
party appealing the judgment must file with the Clerk
of the Court a Stay Order signed by the assigned Judge,
or in his or her absence, the Presiding Judge, setting
forth the conditions of release.
(Adopted effective Sept. 1, 2001)
LRALJ 5.1
RECORDING GENERALLY
(a) Generally
(1) Preservation of Court Recording Tapes. Court
proceedings recorded by tape recording machines
shall be preserved for a period of two (2) years
after entry of the final judgment.
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