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STEVENS COUNTY DISTRICT COURT
LOCAL RULES FOR THE DISTRICT COURT
IN AND FOR STEVENS COUNTY
Effective September 1, 2008
Table of Rules
I. Local Administrative Rules
SCLGR 11. Interpreters
SCLARLJ 2. Scope of Local Rules
SCLARLJ 2.1. Decorum
SCLARLJ 3. Return of Exhibits
SCLARLJ 6. Appearance by Telephone
SCLARLJ 9. Disclosure of Public Records
II. Local Civil Rules
SCLCRLJ 54 Judgments and Costs
SCLCRLJ 55. Default
SCLCRLJ 65. Name Changes
III. Local Criminal Rules
SCLCrRLJ 2.1(c) Citizen Complaints
SCLCrRLJ 4.1(f) Crimes Requiring Defendant's Appearance at Arraignment
SCLCrRLJ 4.2(i) Deferred Prosecution
SCLCrRLJ 4.5 Pre-Trial Hearing
SCLCrRLJ 4.5.1 Trial Readiness Hearing
SCLCrRLJ 8.2 Motions
SCLCrRLJ 8.13 Note for Hearing
IV. Local Infraction Rules
SCLIRLJ 2.6 (b) Mitigation Hearings by Mail
SCLIRLJ 3.6 Presence of Prosecuting Attorney
SCLGR 11.
INTERPRETERS
All language interpreters serving in a legal proceeding, whether certified or
uncertified, shall abide by General Rule 11.1 and General Rule 11.2
SCLARLJ 2.
SCOPE OF LOCAL RULES
These rules govern the procedure in the District Court of the State of
Washington for Stevens County. These rules are supplemental to the rules
enacted by the Washington State Supreme Court for courts of limited
jurisdiction as specifically authorized by GR 7, CRLJ 83, CrRLJ 1.7, and IRLJ
1.3 of the Washington Court Rules. The court may modify or suspend any of
these local rules in any given case upon good cause being shown or upon the
court's own motion.
SCLARLJ 2.1.
DECORUM
Courtroom Decorum. All attorneys and other individuals in the courtroom
shall abide by the following rules of conduct:
(a) Always be prompt. Be in the courtroom ready to proceed at the appointed time.
(b) Stand when the judge or the jury enters or leaves the courtroom.
(c) Do not make personal attacks on opposing counsel or parties.
(d) Do not interrupt. Wait your turn. Address all remarks to the
Judge. Argument between litigants or their attorneys is not permitted.
(e) After the judge has ruled, ask the Judge's permission before arguing further.
(f) Rise when addressing the judge and when making objections as this
calls the Judge's attention to you.
(g) Do not approach a witness, the jury or the Judge without asking
permission of the Judge.
(h) Dress Appropriately to the Serious Nature of the Matters Before the
Court. Shorts and other kinds of beach apparel are not appropriate. Clothing
advertising alcoholic beverages or illegal drugs are not appropriate. Hats are
not to be worn in the courtroom.
(i) No food or beverages of any kind are to be brought into the courtroom.
(j) Cell phones, pagers, electronic games are to be turned off in the courtroom.
SCLARLJ 3.
RETURN OF EXHIBITS
Every exhibit admitted into evidence or marked for identification in any
type of trial or other court proceeding, shall be returned to the party or
attorney who produced that exhibit for identification. The return shall be
made upon written application, not later than two weeks following the
termination of the time allowed to take an appeal. Bulky exhibits not
requested to be returned during that period may be delivered by the court clerk
to the local law enforcement authority for disposition as abandoned property.
If the exhibit is contraband or weapons, it shall be disposed of by
destruction. No exhibit or identification shall be withdrawn or delivered
without receipt being acknowledged by the receiving party.
SCLARLJ 6.
APPEARANCE BY TELEPHONE
Hearings of any type will not be conducted by telephone without prior
approval of the judge on a showing of good cause.
SCLARLJ 9.
DISCLOSURE OF PUBLIC RECORDS
The following records and files are deemed confidential and are not
available to the public for inspection or copying absent a court order:
1. Affidavits, transcriptions or electronic records for search warrants
prior to the return of service of such warrants;
2. Affidavits, transcriptions or electronic records for arrest warrants
prior to the return of service of such warrants;
3. Pre-sentence or post-sentence investigation reports;
4. Mental health, psychiatric, and/or medical reports and records,
unless admitted into evidence and not ordered sealed;
5. Alcohol, drug, and/or controlled substance evaluations unless
admitted into evidence and not ordered sealed;
6. Certified and non-certified paper copies and electronic representation
of driving and criminal records unless admitted into evidence;
7. Judge's notes and working documents, whether written or electronic.
Access to confidential records is strictly limited to persons or entities
authorized by statute or court order to obtain such records. Persons
requesting access to court records must have proper identification.
SCLCRLJ 54
JUDGMENTS AND COSTS
(c) Demand for Judgment.
(1) Ex Parte Judgments and Orders. Counsel, legal interns and 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. Self-addressed, stamped envelopes shall be provided for return of any
conformed materials and/or rejected orders. Only one conformed copy will be
returned to the presenting counsel.
(d) Attorney Fees
(1) Statutory attorney fees may be granted when reasonable attorney fees
are not authorized. Statutory attorney fees will be as specified in RCW 12.20.060:
if plaintiff obtains judgment, exclusive of costs, of at least $200.00, attorney fees
of $200.00 shall be included; if plaintiff obtains judgment, exclusive of costs, of
less than $200.00, then attorney fees of $125.00 shall be included.
(2) If reasonable attorney fees are requested based on a contract provision,
the contract provision must be conspicuously highlighted to be readily ascertainable.
(3) Reasonable attorney fees when allowed by statute or contract will be
authorized pursuant to the following attorney fee schedule in all default cases
unless the parties present evidence of circumstances which convince the court
that a greater or lesser amount should be awarded. The Court shall have the
authority to vary from the following schedule on its own motion.
Amount of principal and interest Attorney fee
$0---$500.00 $250.00
$500---$1000.00 $300.00
$1000.01 --- $1500.00 $350.00
$1500.01 --- $2000.00 $400.00
$2000.01 --- $2500.00 $450.00
$2500.01 --- $3000.00 $500.00
$3000.01 --- $4000.00 $550.00
$4000.01 --- $5000.00 $600.00
$5000.01 --- $6000.00 $650.00
$6000.01 --- $7500.00 $700.00
$7500.01 --- $10,000.00 $850.00
Over $10,000.00 10%
(4) Specific citation of authority must accompany requests for reasonable
attorney fees on any basis other than contract provision.
SCLCRLJ 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 attorney 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. If any claim is made for
damages or repairs to premises, such claim must be itemized separately;
(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 attorney 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.
SCLCRLJ 65.
NAME CHANGES
(a) Separate Petitions Required. A separate petition shall be filed for
each name a party wishes changed.
(b) Petitioner must produce some form of identification, preferably
picture ID, to the clerk for verification and copying.
(c) Hearing. All hearings on petitions for name changes shall be in open
court and on the record.
(d) Minors.
(1) Birth Certificate. A certified copy of any minor applicant's birth
certificate or suitable identification must be presented to the clerk for
verification and copying.
(2) Parental 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 guardians must approve the change of name either by personal
appearance or by verified affidavit, unless good cause is shown.
(3) Parental Notification. A parent or guardian who has not consented in
writing to a minor's change of name and whose parental rights have not been
previously terminated must be given actual notice or notice by publication as
provided in CRLJ 4.
(4) Notice by Publication. Publication of a single notice in a newspaper
of general circulation in the county of the parent or guardian's last known
residence shall be sufficient so long as the notice contains a hearing date,
the name of the minor, the name the petitioner desires the child to assume, and
sets forth the reasons for requesting the change of name.
(e) Contents of Petition. A petition for change of name must be sworn
under oath and state the following:
(1) The Petitioner's full present name and the full name the petitioner
wishes to assume;
(2) The Petitioner's date of birth;
(3) That the Petitioner resides in Stevens County;
(4) The reason for the request;
(5) The application is not made for any illegal or fraudulent purposes;
(6) The name change will not be detrimental to the interests of any other
person or agency;
(7) The name of the minor's father and mother, if brought on behalf of a minor;
(8) Whether the Petitioner is subject to the jurisdiction of the
Washington State Department of Corrections and, if so, that Petitioner has
provided a copy of the Petition to the Department at least five (5) days before
any hearing on the name change request;
(9) Whether the Petitioner is subject to the sex offender registration
laws of the state of Washington and, if so, that Petitioner has provided copies
of the Petition to the county sheriff and the Washington State Patrol at least
five (5) days before any hearing on the name change request.
SCLCrRLJ 2.1(c)
CITIZEN COMPLAINTS
Any person filing a criminal citizen complaint pursuant to CrRLJ 2.1(c)
must provide a sworn written statement of the probable cause supporting the
crimes alleged. The judge will review the alleged crimes and the probable
cause statement to determine whether the request should be granted or denied.
At the discretion of the judge, a hearing may be set to hear additional
evidence or to allow the named defendant or the prosecuting attorney an
opportunity to present evidence in opposition to the filing of the complaint.
If the judge grants or denies the filing of the complaint on the basis of the
sworn affidavit without hearing, the judge shall state in writing the reasons
for granting or denying the filing of the complaint.
SCLCrRLJ 4.1(f)
CRIMES REQUIRING DEFENDANT'S APPEARANCE AT ARRAIGNMENT
A written plea of not guilty may not be entered by defendant's lawyer if
the charging document accuses the defendant of any of the following crimes:
1. any crime charged as involving domestic violence;
2. harassment;
3. violation of a D.V. protection order;
4. violation of an anti-harassment order;
5. stalking;
6. driving or being in physical control while under the influence of intoxicants;
7. driving while under the age of 21 after having consumed alcohol.
For such charges, the defendant must appear in person for arraignment in
order that the court may determine the necessity of imposing conditions of pre-trial
release, or modifying any pre-trial release conditions entered at a preliminary
hearing and to schedule further hearings.
SCLCrRLJ 4.2(i)
DEFERRED PROSECUTION
Petitions for deferred prosecutions may be filed at any time prior to or
at the trial readiness hearing unless good cause is shown. The petition should
be in the form as specified in CrRLJ 4.2(i). The evaluation and the stipulated
police reports should be attached to the petition. Upon filing of the
petition, the defendant and defense attorney should, but are not required, meet
with probation to verify that the evaluation and the defendant's history meet
the requirements of RCW Chapter 10.05.
SCLCrRLJ 4.5
PRE-TRIAL HEARING
(a) All cases shall be set for a pre-trial hearing no later than 45
days after arraignment. Defendant, defense attorney, and the prosecuting
attorney are required to attend the pre-trial hearing unless excused prior to
the hearing by the court upon a showing of good cause. If the defendant fails
to appear for the pre-trial hearing, a failure to appear may be entered and the
scheduled jury trial be struck, or a warrant for the arrest of the defendant
may issue. If the prosecuting attorney or the defense attorney fails to appear
at the pre-trial hearing without a prior showing of good cause, the court may
impose terms and any other sanctions authorized by law.
(b) Any amendments to the charge(s), pre-trial motions, including motions
for continuances and discovery motions shall be made at the pre-trial hearing. At the
pre-trial hearing, the court will schedule dates and times for any pre-trial motions.
SCLCrRLJ 4.5.1
TRIAL READINESS HEARING
(a) All cases shall be set for a trial readiness hearing at least 2
weeks prior to the scheduled trial week. Defendant, defense attorney, and the
prosecuting attorney are required to attend the trial readiness hearing. If
the defendant fails to appear, a warrant for the arrest of the defendant may be
issued. If the prosecuting attorney or the defense attorney fails to appear
for the trial readiness hearing without a prior showing of good cause, the
court may impose terms.
(b) Any additional amendments to the charge(s), negotiated pleas,
alternate dispositions, continuances, etc. shall be made at the trial readiness hearing.
(c) At the trial readiness hearing, the court shall set the actual trial date.
(d) After the trial readiness hearing and setting of the trial date, no
negotiated pleas or alternative dispositions will be entered without a showing
of good cause. Without a showing of good cause the matter will proceed to
trial as charged, or the defendant may enter a plea to the crime as charged, or
the case dismissed by the prosecuting attorney.
SCLCrRLJ 8.2
MOTIONS
Rules CrRlJ 3.5 and 3.6 and CRLJ7(b) shall govern motions in criminal
cases. Unless a motion is made during a hearing (other than the pre-trial
hearing) or trial, it shall be made in writing, shall state with particularity
the grounds therefore, and set forth the relief or order sought. The motion
shall be filed prior to or at the pre-trial hearing, except for good cause
shown. A hearing date and time for the motion will be set by the court at the
pre-trial hearing.
(a) Any brief, memorandum, documents and affidavits in support of the
motion must be filed and served on opposing counsel two weeks prior to the
actual hearing date on the motion, except for good cause. Any response brief,
memorandum, documents and affidavits must be filed and served on opposing
counsel one week prior to the actual hearing date, except for good cause.
(b) A courtesy copy of any brief, memorandum, documents and affidavits
filed in support of and in response to the motion must be provided for the
Judge at the time of filing.
SCLCrRLJ 8.13
NOTE FOR HEARING
Adding Case To Docket. In order to add a case to the court's docket, a
written note for hearing must be filed with the District Court Clerk's office
and served on the opposing party at least two hours prior to the time of the hearing.
SCLIRLJ 2.6 (b)
MITIGATION HEARINGS BY MAIL
In conformity with IRLJ 2.6, this court exercises its local option to
allow mitigation by written document.
A person who has been cited for a civil or traffic infraction may request
to mitigate the infraction by mail. Upon receipt of the request for a
mitigation hearing, forms for a written statement in mitigation will be sent to
the cited person. The person should complete the form and return it to the
court. Upon receipt of the completed forms by return mail, the Judge will
review the citation and the written statement in mitigation. Upon reaching a
decision, the court will then notify the person of the Judge's determination.
The person then must remit any amount set by the Judge. If the amount set by
the Judge is not paid by the specified date the failure to respond fee will be
added and the matter will be turned over to a collection agency. If the
citation is a traffic infraction, the Department of Licensing will be notified
if the person fails to respond or to pay.
This court does not accept written statements for contested infractions.
This court does not accept written statements submitted by e-mail for
mitigation or contested civil or traffic infractions.
SCLIRLJ 3.6
PRESENCE OF PROSECUTING ATTORNEY
The prosecuting attorney's office shall appear in any contested hearing in
which a request has been made to subpoena an officer or a witness. The
prosecuting attorney's office shall also appear in any contested hearing in
which the alleged infraction was not conducted in the presence of the officer
or when the appearance of witnesses is necessary to establish the commission of
the infraction.
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