THURSTON COUNTY DISTRICT COURT
LOCAL RULES
TABLE OF RULES
RULE
1. Pro Se Litigants
2. Civil Trial Settings
3. Continuances (Civil)
4. Civil Discovery and Admissibility of Documents
5. Judgments Following Trials
6. Default Judgments
7. Reasonable Attorney's Fees
8. Transfer to Small Claims Department
9. Removal From Small Claims Department
10. Time Lines for Briefs
11. Supplemental Proceedings
12. Garnishments
13. Affidavits and Certified Statements
14. Pretrial Motions
15. Pretrial Hearings (Criminal)
16. Criminal Jury Trial
17. Petitions for Deferred Prosecution
18. Continuance of Court Dates
19. Withdrawal of Counsel
20. Review of Defendants in Custody
21. Presentence Reports
Civil Rules
LCRLJ 7 Pro Se Appearance and Answer
LCRLJ 26 26 (a) Civil Discovery; 26(b) Admissibility of Documents
LCRLJ 40 Civil Trial Settings, Pre-Trial/Settlement Conferences,
Confirmation Hearings
LCRLJ 54 54 (a) Written Judgments; 54 (b) Reasonable Attorney Fees
LCRLJ 55 Default Judgments
LCRLJ 65 65 (a) Garnishments; 65 (b) Supplemental Proceedings
Criminal Rules
LCrRLJ 3.2 Bail; Review of Defendants in Custody
LCrRLJ 3.3 Continuance of Court Dates
LCrRLJ 3.4 Agreement to Proceed by Video Conference
LCrRLJ 3.7 Pretrial Motions
LCrRLJ 4.5 Pretrial Hearings
LCrRLJ 6.1.1 Criminal Jury Trial
LCrRLJ 7.2 Victim Impact Statement
Infraction Rules
LIRLJ 3.1 Pre-Hearing Motions in Infraction Cases - REPEALED
LIRLJ 3.5 Decision on Written Statements
LIRLJ 6.6 Speed Measuring Device
Forms
Pro Se Appearance and Answer
Agreement to Proceed by Video Conference
Motion and Order for Permission to Conduct Discovery
Note for Civil Trial Setting
Pre-Trial Order
Judgment Following Trial
Offer of Judgment
Notice to Federal Government Garnishee Defendant
Affidavit and Order for Warrant of Contempt of Court and Bench Warrant
Vital Statistic Information
RULE NO. 1
PRO SE LITIGANTS
In accordance with District Court rules, all pro se defendants must
respond to the service of a Summons and Complaint by filing a Pro Se
Appearance and Answer in the form of the civil rules or by utilizing the
uniform form set forth in these rules. The original of the Pro Se
Appearance and Answer shall be filed with the court and a copy to be served
upon the plaintiff or plaintiff's attorney.
(Effective Date: 01/07/87)
UNIFORM DISTRICT COURT FORM NO. 1
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) PRO SE APPEARANCE AND ANSWER
)
)
Defendant. )
1. My name and address is:__________________________________________
_________________________________________________________________
2. Telephone: Home ______________________ Work ___________________
3. I am appearing:
__________ for myself only
__________ for myself and _______________________________________
whose address is _____________________________________
4. I admit the following paragraph and/or subparagraph numbers of
the complaint: __________________________________________________
_________________________________________________________________
5. I deny the following paragraph and/or subparagraph numbers of the
complaint: ______________________________________________________
_________________________________________________________________
6. The specific reason(s) I denied the paragraph(s) listed in #4
above is/are as follows:_________________________________________
_________________________________________________________________
I have read the above appearance and answer, the statements made are
true to the best of my knowledge.
_____________________________ _________________________________
Date Signature
RULE NO. 2
CIVIL TRIAL SETTINGS
A. After the defendant's answer has been filed, then either party may
request the court set the matter for trial.
B. To request that the court schedule the matter for trial, the party
so requesting shall utilize the court Note for Civil Trial Setting form,
filing the original with the court and serving a copy upon the opposing
party.
(Effective Date: 01/07/87)
UNIFORM DISTRICT COURT FORM NO. 2
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) NOTE FOR CIVIL TRIAL SETTING
)
)
Defendant. )
The undersigned attorney certifies that this case is at issue; that
defendant's answer has been filed; and that all discovery has been
completed.
The nature of action is _____________________________________________.
It is estimated that this case will take ____ hours/_____ days to try.
It is estimated that I will call ______ witnesses at trial.
Dates available to all parties are __________________________________
_____________________________________________________________________.
The clerk is asked to set this case for trial and notify all parties of
said trial date.
Please list the names and addresses of all other attorneys or parties in
this case on the reverse side.
I certify that on _______________, Signed ______________________
I deposited in the mail of the United
States a properly stamped and addressed Type Name ___________________
envelope directed to the attorney(s) of
record for plaintiff/defendant Address _____________________
containing a copy of this document.
_____________________________
Telephone ___________________
_________________________________
Attorney for ____________________ Attorney for ___________________
PLEASE LIST THE NAMES AND ADDRESSES OF ALL OTHER ATTORNEYS OR PARTIES IN
THIS CASE.
Name ____________________________________________________
Attorney for ____________________________________________
Address _________________________________________________
_________________________________________________
Telephone _______________________________________________
Name ____________________________________________________
Attorney for ____________________________________________
Address _________________________________________________
_________________________________________________
Telephone _______________________________________________
Name ____________________________________________________
Attorney for ____________________________________________
Address _________________________________________________
_________________________________________________
Telephone _______________________________________________
Name ____________________________________________________
Attorney for ____________________________________________
Address _________________________________________________
_________________________________________________
Telephone _______________________________________________
RULE NO. 3
CONTINUANCES (CIVIL)
A. Bench Trials - Stipulations. Once a trial has been set, the court
will grant a continuance upon written stipulation of counsel filed within
two (2) weeks of the date of issuance of the notice. The stipulation shall
set forth a date certain for trial, obtained from the Calendar Coordinator.
B. Bench Trials - Motion. Any other request for continuance shall be
presented in person after notice to the opposing party, to a date and time
to be scheduled by the Calendar Coordinator. The court shall grant a
continuance only upon a showing of good cause.
C. Jury Trials. Once a jury trial date has been set, all requests for a
continuance must be in the form of a written motion with notice provided to
opposing counsel (or party if a defendant is unrepresented) as set forth in
(CRLJ 6(d)). A continuance will be granted upon a showing of good cause.
D. Terms. If a continuance is granted it shall be upon the condition
that the moving party pay all appropriate costs, including but not limited
to attorney fees, witness fees and other costs directly related to the
continuance.
(Effective Date: 01/07/87)
RULE NO. 4
CIVIL DISCOVERY AND ADMISSIBILITY OF DOCUMENTS
(A) Discovery shall be permitted pursuant to CRLJ 26(a) and (b) without
further order of the court.
(B) Concurrently with or any time after the filing of summons and
complaint, any party may request the court, ex parte, to issue an order
permitting mutual discovery in accordance with CRLJ 26 and CR 26 through
37. The motion and order should be substantially in accordance with the
uniform court form in these rules, and the court will grant said order
subject to any objection in accordance with this rule.
The party requesting the order shall serve upon the non-moving party
and file with the court proof of service of same. Within ten (10) days
after service of the order or the expiration of the period for response set
forth in CRLJ 12, whichever is later, the non-moving party may object to
the order and request a hearing by filing a written opposition, which shall
be substantially in accordance with the uniform court form in these rules,
serving a copy on the moving party, on the basis that discovery should not
be allowed or should be limited. The court shall conduct a hearing under
CRLJ 26 and affirm, modify or vacate the original order as it deems proper.
(C) The documents listed below, if relevant, are presumed admissible at
the trial, but only if (1) the party offering the document serves on all
parties at least 14 days prior to the trial date in accordance with CRLJ 5
a notice, accompanied by a copy of the document and the name, address, and
telephone number of its author or maker; and (2) the party offering the
document similarly furnishes all other parties with copies of all other
related documents from the same author or maker. This rule does not
restrict argument or proof related to the weight of the evidence admitted,
nor does it restrict the court's authority to determine the weight of the
evidence after hearing all of the evidence and the arguments of opposing
parties. The documents presumed admissible under this rule are:
(1) A bill, report, chart, or record of a hospital, doctor, dentist,
registered nurse, licensed practical nurse, physical therapist,
psychologist or other health care provider, on a letterhead or billhead;
(2) A bill for drugs, medical appliances or other related expenses on a
letterhead or billhead.
(3) A bill, or an estimate of, property damage on a letterhead or
billhead. In the case of an estimate, the party intending to offer the
estimate shall forward with the notice to the adverse party a statement
indicating whether or not the property was repaired, and if it was, whether
the estimated repairs were made in full or in part, attaching a copy to the
receipted bill showing the items or repair and the amount paid;
(4) A police, weather, wage loss, or traffic signal report, or standard
United States government life expectancy table to the extent it is
admissible under the Rules of Evidence, but without the need for formal
proof of authentication or identification;
(5) A photograph, x-ray, drawing, map, blueprint or similar documentary
evidence, to the extent it is admissible under the Rules of Evidence, but
without the need for formal proof of authentication or identification;
(6) The written statement of any other witness, including the
written report of an expert witness, and including a statement of opinion
which the witness would be allowed to express if testifying in person, if
it is made by affidavit or by declaration under penalty of perjury.
(7) A document not specifically covered by any of the foregoing
provisions but having equivalent circumstantial guarantees of
trustworthiness, the admission of which would serve the interests of
justice.
Any other party may subpoena the author or maker of a document,
admissible under this rule, at that party's expense, and examine the author
or maker as if under cross examination.
(Effective Date: 01/07/87; amended 09/01/96)
UNIFORM DISTRICT COURT FORM NO. 4A
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) MOTION AND ORDER FOR PERMISSION
) TO CONDUCT DISCOVERY
)
Defendant. )
Plaintiff/defendant hereby moves that the parties in this matter be allowed
to conduct discovery in accordance with Superior Court Civil Rules 26
through 37.
DATED this __________ day of ________________________, _________.
____________________________________
Attorney for Plaintiff/Defendant
O R D E R
Pursuant to motion of plaintiff/defendant for this allowance of mutual
discovery in this action, accordingly, it is hereby
ORDERED that the parties may conduct reasonable discovery in accord with
Rules 26 through 37 of the Superior Court Civil Rules.
DONE IN OPEN COURT this _______ day of __________________, _________.
________________________________
J U D G E
Presented by:
_______________________________________
Attorney for Plaintiff/Defendant
NOTICE: Upon receipt of this order, the non-moving party may object to the
grant of this motion by filing a written objection with the court within
ten (10) days and serving a copy on the opposing party.
CERTIFICATE OF MAILING
Mailed to the below named person at the address indicated on the _____
day of ______________________, ________: ____________________________
______________________________________________________________________
UNIFORM DISTRICT COURT FORM NO. 4B
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) OBJECTION TO ORDER GRANTING
) DISCOVERY
)
Defendant. )
Comes now __________________, the plaintiff/defendant herein and hereby
objects to the entry of the order granting discovery dated the
___________________, _________, and requests that the court schedule a
hearing on this matter.
The plaintiff/defendant hereby objects to the granting of the order of
discovery because:____________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
DATED this _____________ day of __________________________, _________.
____________________________________
Attorney for Plaintiff/Defendant
Original filed with court, copy
must be served on moving party or
moving party's attorney.
RULE NO. 5
JUDGMENTS FOLLOWING TRIALS
All judgments entered following a bench trial or jury trial should be
in writing and substantially in the form of the uniform Judgment Following
Trial form contained in these rules.
(Effective Date: 01/07/87)
UNIFORM DISTRICT COURT FORM NO. 5
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) JUDGMENT FOLLOWING TRIAL
)
)
Defendant. )
The above-referenced matter having come on regularly for trial before the
above-entitled court on the date of the entry of this judgment, the court
having determined that it had jurisdiction over the subject matter and
persons herein, having heard the testimony and reviewed the exhibits
introduced and heretofore made oral findings and conclusions, now,
therefore, it is hereby
ORDERED, ADJUDGED AND DECREED that plaintiff(s) is/are entitled to judgment
against the defendant(s), above named, as follows: principal in the amount
of $_____________, interest in the amount of $_______________, court costs
in the amount of $_____________, and a reasonable/statutory attorney's fee
in the amount of $_____________, for a total judgment in the amount of
$_______________.
DONE IN OPEN COURT this ____________ day of _______________, ________.
________________________________
J U D G E
Presented by:
______________________________________
Attorney for _________________________
RULE NO. 6
DEFAULT JUDGMENTS
(A) No appearance by defendant. 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.
(B) Default judgments shall be subject to the following:
(1) No default judgment shall be granted except upon motion by
plaintiff's counsel of record, or if none, by motion of plaintiff, pursuant
to CRLJ 55(b).
(2) No default judgment shall be granted except upon proof satisfactory
to the court. The court shall require an affidavit setting forth facts
sufficient for default judgment and at least the following to be on file
with the motion for default judgment, unless otherwise excused by the court
for good cause.
(a) on assigned causes of action, the assignment instrument,
(b) on causes of action based on a negotiable instrument, the original
negotiable instrument,
(c) 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,
(d) on causes of action based on open account where the complaint is no
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,
(e) on causes of action for rent based on an oral lease, a statement of
account similar to that required in actions on open account, if any claims
is made for damages or repairs to premises, such claim must be itemized
separately,
(f) on causes of action for rent based on a written lease, a copy of
the lease and a statement of account,
(g) 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,
(h) 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: copies of the
original documents as called for in paragraphs (b) and (c) above may be
substituted for the original documents with express approval of the court
and upon certification by the plaintiff that the copy is a true and correct
copy of the original document.
(3) No judgment for accrued interest shall be allowed unless 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.
(Effective Date: 01/07/87)
RULE NO. 7
REASONABLE ATTORNEY'S FEES
A. The court shall grant reasonable attorney's fees when permitted by
statute or on the basis of a written instrument. A party seeking reasonable
attorney's fees shall file with the court the written instrument or, in the
event of a dishonored check, proof of the service of the statutory form of
Notice of Dishonor in accordance with RCW 62A.3 104. Reasonable attorney's
fees following the granting of a judgment at trial or motion shall be set
by the court, in its discretion, and the court may require the filing of an
affidavit in support of the request.
B. Offer of judgment - when a party is seeking reasonable attorney's
fees following the entry of a judgment under the provisions of RCW 4.84.250
through RCW 4.84.300, proof of compliance with the service procedures must
be shown to the court following the entry of the judgment by utilization of
the uniform form Offer of Judgment in these rules.
C. Default judgments - reasonable attorney's fees awarded on a default
judgment, where authorized by law or contract, shall be permitted under the
following schedule:
0.00 $ 1,000 $250
$1,000.01 - $ 1,500 $275
$1,500.01 - $ 2,000 $300
$2,000.01 - $ 2,500 $325
$2,500.01 - $ 3,000 $350
$3,000.01 - $ 4,000 $400
$4,000.01 - $ 5,000 $500
$5,000.01 - $ 6,000 $600
$6,000.01 - $ 7,500 $700
$7,500.01 - $10,000 $850
(Effective Date: 01/07/87; Amended 09/01/91)
UNIFORM DISTRICT COURT FORM NO. 7
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) OFFER OF JUDGMENT
)
)
Defendant. )
The party named below, in total settlement of this damage action, offers to
allow judgment to be entered in this lawsuit against the defendant in the
sum of $_____________________, plus court costs. This offer is made
pursuant to RCW 4.84.250 through RCW 4.84.300.
If you wish to accept this offer, you must do so, by written notice, to the
undersigned attorney and file a copy of your response with the court named
above. The response must be served within 10 days and not later than 5 days
before trial.
If you do not accept this offer within that time period, and the offeror
subsequently obtains a judgment which is at least as favorable to the
offeror, the amount of the judgment may be increased by an award of
additional costs and/or reasonable attorney's fees as authorized by RCW
4.84.250 through RCW 4.84.300, Justice Court Civil Rule 68.
Name of Offeror:___________________________________
Date: ______________________________
_____________________________________
Attorney for Offeror
Address:______________________
______________________
RULE NO. 8
TRANSFER TO SMALL CLAIMS DEPARTMENT
A. Request to Transfer. A defendant in a proceeding in which the claim
is within the jurisdictional amount for the Small Claims Department may
transfer the action to the Small Claims Department by filing a Request to
Transfer. The request may be filed in a form substantially similar to the
form provided in these rules. In the event such a Request is filed, the
court shall transfer the action to the Small Claims Department.
B. Upon filing a Request to transfer in accordance with Section A of
this rule, the defendant shall mail a copy of the Request to the plaintiff
or his attorney by first class mail. Within ten (10) days after mailing of
the Request, the plaintiff shall file a Response to Request to Transfer.
The Response may be filed in a form substantially similar to the form
provided in these rules.
C. If an action is transferred in accordance with the provisions of
this rule, and if the plaintiff was an assignee of the claim at the time
the action was commenced, the plaintiff shall not be prohibited from
pursuing its claim in the Small Claims Department.
D. If an action is transferred in accordance with this rule, and if at
the time the Request for Transfer is filed either party is represented by
an attorney of record, participation of counsel in the action upon transfer
shall not be prohibited if the consent of the judge of the District Court
is obtained. Such consent shall be freely given when justice so requires.
E. In the event a case is improperly removed to the Small Claims
Department, the Small Claims Department shall transfer the case back to the
District Court.
(Effective Date: 01/07/87)
UNIFORM DISTRICT COURT FORM NO. 8A
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) REQUEST FOR TRANSFER TO
) SMALL CLAIMS DEPARTMENT
)
Defendant. )
Comes now the defendant in the above-captioned proceeding and pursuant to
Local Rule _________ hereby requests that this action be transferred to the
Small Claims Department of the Thurston County District Court.
1. The defendant certifies as follows:
(a) This action is for the recovery of money only; and
(b) The amount claimed by the plaintiff does not exceed the
jurisdictional amount for the Small Claims Department.
2. Plaintiff is/is not (strike one) represented by an attorney.
3. Defendant is/is not (strike one) represented by an attorney.
4. I hereby request/do not request (strike one) my attorney represent
me in the Small Claims Department.
DATED:_______________________________
___________________________________
Signature
Defendant: ________________________
CERTIFICATE OF MAILING
Mailed to the below-named person at the address indicated on the _____
day of _________________________, ____________: _____________________
______________________________________________________________________
UNIFORM DISTRICT COURT FORM NO. 8B
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) RESPONSE TO REQUEST TO
) TRANSFER
)
Defendant. )
Comes now the plaintiff and pursuant to Local Rule __________ hereby files
this Response to Request to Transfer of this action to the Small Claims
Department.
1. The defendant filed a Request to Transfer this action to the Small
Claims Department of the Thurston County District Court on
___________________, ___________.
2. This is/is not (strike one) an action for the recovery of money
only.
3. The amount claimed by the plaintiff does/does not (strike one)
exceed the jurisdictional amount for the Small Claims Department.
4. The plaintiff is/is not (strike one) represented by an attorney.
5. The defendant is/is not (strike one) represented by an attorney.
6. I hereby request/do not request (strike one) my attorney to continue
to represent me in the Small Claims Department.
DATED:______________________________,________.
_____________________________________
Signature
Plaintiff: __________________________
RULE NO. 9
REMOVAL FROM SMALL CLAIMS DEPARTMENT
A. Request for Removal. A party in an action which has been commenced
in the Small Claims Department may remove the action to the District Court
by filing a Request for Removal. The request may be filed in a form
substantially similar to the form provided in these rules. In the event
such a Request is filed, the court may remove the action from the Small
Claims Department to the District Court.
B. Upon filing a request for removal in accordance with Section A of
this rule, a copy of the Request shall be mailed by first class mail to the
opposing party or his attorney by first class mail. Within five (5) days of
receipt of the Request for Removal. The Response may be filed in a form
substantially similar to the form provided in these rules. If a Response is
filed, a copy should be mailed by first class mail to the party who filed
the Request for Removal.
C. If a defendant in an action which has been commenced in the Small
Claims Department alleges a counterclaim in excess of the jurisdictional
amount for the Small Claims Department, the court shall remove the action
to District Court.
D. In the event the action is removed to District Court from the Small
Claims Department in accordance with Section A or Section B of this rule,
the first party filing the Request for Removal shall pay the District Court
filing fee.
(Effective Date: 01/07/87)
UNIFORM DISTRICT COURT FORM NO. 9A
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) REQUEST FOR REMOVAL TO
) DISTRICT COURT
)
Defendant. )
Comes now the plaintiff/defendant (strike one) in the above captioned
proceeding and, pursuant to Local Rule _____________, hereby requests that
this action be removed from the Small Claims Department to District Court.
I certify that I have mailed a copy of this form to the plaintiff/defendant
(strike one) by first class mail, addressed as follows:
DATED: ____________________________________
___________________________________
(Signature)
___________________________________
(Print Name)
UNIFORM DISTRICT COURT FORM NO. 9B
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) RESPONSE TO REQUEST
) FOR REMOVAL
)
Defendant. )
Comes now the plaintiff/defendant (strike one) and, pursuant to Local Rule
___________, hereby files his Response to Request for Removal of this
action from the Small Claims Department to the District Court.
1. The plaintiff/defendant (strike one) filed a Request for Removal on
_______________________, ________, which I received on ___________________,
________.
2. I oppose this request because: _______________________________
______________________________________________________________________
______________________________________________________________________
DATED: _____________________________
______________________________
Signature
______________________________
Print Name
UNIFORM DISTRICT COURT FORM NO. 9C
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) ORDER REMOVING ACTION
) FROM SMALL CLAIMS COURT
)
Defendant. )
This court having reviewed a motion for removal of an action from Small
Claims Court to the jurisdiction of the District Court pursuant to CRLJ
________ and ________________________________, and the court having
determined that the defendant has a right to remove said cause upon the
filing of fees thereof, now, therefore, it is
ORDERED, ADJUDGED AND DECREED that the small claims action filed under
Number ___________ is hereby removed from the jurisdiction of the Small
Claims Court to the jurisdiction of the District Court. The docket number
______________ shall remain the same ______________ be changed to
_________________. All further pleadings should reflect the corrected
docket number. The plaintiff is directed to comply with all rules of
pleading and practice applicable to District Court.
DATED this __________ day of _________________________, _________.
______________________________
J U D G E
Presented by:
____________________________________
RULE NO. 10
TIME LINES FOR BRIEFS
A. Motions. A brief or memorandum of authorities in support of motions,
if prepared, shall be served and filed with the motion. Responsive briefs
are to be served and filed no later than three (3) court days prior to the
hearing date for the motion.
B. Trial Briefs. Trial briefs, if prepared, are to be served and filed
no later than two (2) court days prior to the trial date.
C. Judge's Copy. In the event any brief or memorandum of authorities is
filed, an extra copy of the brief or memorandum of authorities is to be
filed as a working copy for the judge.
(Effective Date: 01/07/87)
RULE NO. 11
SUPPLEMENTAL PROCEEDINGS
A. A judgment creditor may request, in accordance with RCW 6.32, a
supplemental proceeding or interrogatories to be served on a judgment
debtor. The return date shall be scheduled for the civil motion calendar.
B. If a judgment debtor fails to appear at a supplemental proceeding
when scheduled, and the judgment creditor provides the court with proof of
service, the judgment creditor may request an order for civil bench warrant
by utilizing the Uniform Court Form Affidavit, Order and Bench Warrant and
by completing the pre-warrant vital statistic information form. The court
will issue a warrant calling for cash bail for the amount of the judgment,
provided, however, if the amount of the outstanding judgment is greater
than $250, the cash bail shall be $250. For a bench warrant issued by the
court, the court shall require a $50 warrant fee, deducted from the cash
bail. If the judgment creditor continues a supplemental proceeding to a
subsequent date, at which the judgment debtor does not appear, a bench
warrant will be issued only upon proof that the judgment debtor had actual
knowledge of the subsequent hearing.
(Effective Date: 01/07/87)
UNIFORM DISTRICT COURT FORM NO. 11A
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) AFFIDAVIT AND ORDER FOR
) WARRANT OF CONTEMPT OF
) COURT AND BENCH WARRANT
Defendant. )
STATE OF WASHINGTON )
) ss.
COUNTY OF THURSTON )
_____________________________________, being first duly sworn upon oath,
deposes and says: That he/she is one of the attorneys for the plaintiff(s)
herein. That on the ________ day of _________________, ________ pursuant to
an Order for Supplemental Proceedings entered in the above-entitled court,
defendant(s) _______________________________________________ was/were to
appear before the judge at 9 a.m., then and there to be examined pursuant
to the aforementioned order.
That defendant(s), _________________________________________________,
failed to appear and the undersigned hereby presents to the court the below
Order for Warrant for Contempt of Court, from which the Warrant for
Contempt of Court is requested to be issued by the court.
___________________________________
SUBSCRIBED AND SWORN to before me this ____ day of ____________, _____
___________________________________
NOTARY PUBLIC in and for the State
of Washington, residing at ________
O R D E R
In the above-entitled cause it appearing that an affidavit has been
presented to the court showing that the defendant(s) has/have failed to
obey a mandate of this court heretofore issued and properly served on
him/her.
NOW, THEREFORE, IT IS ORDERED AND ADJUDGED that the clerk of this court
issue a Warrant for Contempt of Court (Bench Warrant), directing the
Sheriff in the name of the State of Washington to apprehend said
____________________ and bring him/her forthwith before one of the judges
of the Thurston County District Court, then and there to answer to the
State of Washington charging the said _________________________ with
contempt of court.
IT IS FURTHER ORDERED by the court that the said
_______________________________________ may be let to bail for his/her
appearance upon the warrant in the sum of $_______________, in which event
he/she must present himself/herself to the above court on the first Friday
following apprehension at the hour of 9 a.m. on said date to answer said
contempt charge and be dealt with in such manner as the court may deem just
and proper in the premises, provided however, that the defendant(s) shall
not be held in custody more than 24 hours if he/she is unable to post bail.
DONE IN OPEN COURT this ______ day of __________________, ______.
___________________________________
J U D G E
Presented by:
_____________________________________
Attorney for Plaintiff
BENCH WARRANT
STATE OF WASHINGTON )
) ss.
COUNTY OF THURSTON )
THE STATE OF WASHINGTON TO SHERIFF OF THURSTON COUNTY, WASHINGTON:
WHEREAS, the above-entitled court has made and entered an Order of a Bench
Warrant for ____________________________________, one of the defendants in
the above-entitled action, now, therefore,
YOU ARE HEREBY DIRECTED TO APPREHEND SAID DEFENDANT, _________________
_____________________. Cash bail on this warrant shall be in the amount of
$________________.
WITNESS THE HON. _______________________
DATED __________________________, ______
________________________________________
C L E R K
UNIFORM DISTRICT COURT FORM NO. 11B
VITAL STATISTIC INFORMATION
NOTE TO COUNSEL: The following information must be provided to the Thurston
County Sheriff's Civil Division before that agency will attempt service of
court bench warrants for matters involving civil contempt such as failure
to appear for supplemental proceedings. ALL OF THE INFORMATION REQUESTED
RELATES TO THE INDIVIDUAL AGAINST WHOM THE WARRANT IS TO BE SERVICED.
______________________________________________________________________
Last Name First Middle
______________________________________________________________________
Residence Address
______________________________________________________________________
Miscellaneous (e.g., known alias, times best to effect services, etc.)
______________________________________________________________________
Sex Race Date of Birth Height Weight Eyes Color Hair Color
______________________________________________________________________
Social Security Number
*******************************************************************
* *
* COUNSEL NOTE: IF YOU WITHDRAW YOUR REQUEST FOR A BENCH WARRANT *
* YOU MUST ADVISE BOTH THE DISTRICT COURT AND THE *
* AND THE SHERIFF'S OFFICE. *
* *
*******************************************************************
RULE NO. 12
GARNISHMENTS
Following the answer of a Writ of Garnishment by a garnishee, the
judgment creditor may apply for an order to pay funds but may not be
awarded an attorney fee greater than the statutory fee.
(Effective Date: 01/07/87)
RULE NO. 13
AFFIDAVITS AND CERTIFIED STATEMENTS
Whenever proof by affidavit or certified statement is required or
allowed by statute or court rule, such affidavit or certified statement
shall be made a personal knowledge, shall set forth such facts as would be
admissible in evidence, and shall show affirmatively that the affiant is
competent to testify to the matters stated therein.
(Effective Date: 01/07/87)
RULE NO. 14
PRETRIAL MOTIONS
A. Notice of all pretrial motions shall be in writing and served upon
the opposing counsel and filed with the court within fourteen (14) days
after the pretrial hearing, or within thirty (30) days prior to the date
scheduled for trial if trial has been scheduled, unless good cause is
shown.
B. A hearing for pretrial motions shall be scheduled by the Calendar
Coordinator no later than seven (7) days prior to the date set for trial.
C. All pretrial motions and supporting briefs shall be filed within the
five (5) days following the filing of notice for pretrial motion(s).
Responsive briefs shall be filed within ten (10) days after service of the
motion and supporting briefs. Failure to comply with the time frames set
forth herein may be grounds for sanctions.
D. An original and copy of each pleading and supporting document shall
be filed with the court.
(Effective Date: 01/07/87)
RULE NO. 15
PRETRIAL HEARINGS (CRIMINAL)
A. Within four weeks following the sooner of arraignment or appearance
by counsel, a pretrial hearing shall be scheduled by the Calendar
Coordinator, unless the defendant has previously waived a jury trial, or as
otherwise directed by the court.
B. The office of the prosecutor shall provide discovery of all relevant
police reports, witness statements, administrative agency reports, tests,
and other documentary evidence in the possession of the Office of the
Prosecutor, as soon as practical after arraignment or appearance by
counsel, but no later than one week before the date scheduled for pretrial
hearing. This rule applies to pro se defendants as well as those
represented by counsel.
C. Failure to provide timely discovery shall be grounds for continuance
until discovery is provided.
D. Failure to provide timely discovery within the limits of CRRLJ
4.7(a)(2) shall be grounds for dismissal of all charges.
E. Failure of counsel and defendant to appear for the pretrial hearing
without good cause shall constitute a waiver of discovery required by these
rules and grounds for continuance of any scheduled hearing or trial date.
Terms may be imposed for failure to appear at a pretrial hearing.
Defendant's failure to appear at a pretrial hearing may be grounds for the
issuance of a bench warrant.
(Effective Date: 01/07/87)
RULE NO. 16
CRIMINAL JURY TRIAL
A. VOIR DIRE, Jury Instructions: The court may request that each party
submit proposed general voir dire questions and jury instructions no later
than seven (7) days prior to the date set for jury trial. Jury selection
shall be by the struck jury method, unless otherwise ordered by the court.
One original set of jury instructions without citation to Washington
Pattern Jury Instructions or case law shall be submitted to the court along
with one set with citations no later than the beginning of the trial. A
copy of the set with citations shall be served upon opposing counsel at the
same time jury instructions are filed with the court.
B. WITNESS, Present in Court: All witnesses to be called for a trial
shall be excluded from the courtroom until they are called upon to testify,
unless leave of the court is given for the person to remain. A person who
has testified as a witness shall not remain in the courtroom following his
or her testimony where there is a substantial likelihood that the person
will be called again to testify in the same cause. Pursuant to ER 615, this
rule does not authorize exclusion of (1) a party who is a natural person,
or (2) an officer or employee of a party which is not a natural person
designated as its representative by its attorney.
C. WAIVER of Jury Trial: A defendant may expressly waive his or her
right to a jury trial at any time prior to a jury being impaneled. If the
waiver occurs after 9:00 a.m., two (2) court days prior to the date set for
trial, the court may order costs to be imposed. Once such a waiver has been
made, a defendant has until the pretrial conference to change his or her
mind and request a jury trial. However, if no pretrial is held in the case,
a defendant has until thirty (30) days before the trial date to request the
withdrawal of his or her waiver and the scheduling of a jury trial. Any
motion for the withdrawal of a waiver of jury trial made after the
appropriate time limit set by this rule shall be in writing and the court
shall have discretion to grant or deny the motion.
D. CONFIRMATION of Jury Trial: The defendant must contact the Calendar
Coordinator no later than the date and time set by notice, to confirm the
jury trial. Failure to so notify the court will result in the jury being
stricken and will be considered good cause for continuance. The court may
assess terms if deemed appropriate.
E. WITNESS, Subpoenas, Costs: Where prospective witnesses who will be
compelled to appear by subpoena outside the boundaries of Thurston County,
leave of the court to issue a subpoena shall be obtained; request for leave
must be obtained from the court no later than ten (10) days prior to the
date set for trial. If leave is not obtained or the request for leave is
not timely made, then the party issuing the subpoena shall be responsible
for all costs associated with the appearance of the person subject to the
subpoena unless good cause is shown.
F. WITNESS LIST: Each party shall provide to the other party a list of
prospective witnesses to be called at trial no later than two (2) weeks
prior to the scheduled date of trial. The list shall include the name,
address and telephone number of each prospective witness, excluding the
defendant.
G. SUBPOENA, Issuance: Either party may issue subpoenas to compel
attendance of a witness at trial in the same manner as set forth in CRRLJ
4.8.
(Effective Date: 01/07/87; Amended 09/01/91)
RULE NO. 17
PETITIONS FOR DEFERRED PROSECUTION
A. In accordance with chapter 10.05 RCW, a defendant may petition the
court for a deferred prosecution on misdemeanor and gross misdemeanors.
Unless otherwise approved by the court, the defendant shall notify the
court of his/her desire to petition for deferred prosecution at the time of
the scheduled pretrial. At such time, the defendant shall schedule a date
at which time said petition will be reviewed.
At the hearing, the defendant shall present the court and the
prosecuting attorney with a petition and an order for deferred prosecution
and a confession and waiver of rights.
(Effective Date: 01/07/87; Amended 09/01/91)
RULE NO. 18
CONTINUANCE OF COURT DATES
A. The court on its own motion or motion of the defendant or the
prosecuting attorney may continue a scheduled court appearance in the
interest of justice or as authorized in CRRLJ 3.3(h).
B. Upon agreement by both parties, the Calendar Coordinator is
authorized to continue a hearing without leave of court upon request of
either party within two (2) weeks of the date of issuance of the notice for
the hearing.
C. Any other request for continuance shall require appearance in court
by the party or attorney requesting the continuance, at a date and time to
be scheduled by the Calendar Coordinator. Unless both the parties stipulate
to the continuance request, the objecting party must be given notice of the
hearing by the requesting party.
D. The defendant must file a waiver of speedy trial if the continuance
has the possibility of impairing the court's ability to schedule a trial
within 60/90 days.
E. In computing any period of time herein, the court adopts CRLJ 6(a),
which by reference is made a part hereof.
(Effective Date: 01/07/87; Amended 09/01/91)
RULE NO. 19
WITHDRAWAL OF COUNSEL
Counsel for the defendant may withdraw from the action as authorized in
CRRLJ 3.1(e). Written notice of intent to withdraw must be served on all
parties to the action, including the court. If the court determine; cause
exists for withdrawal of the attorney, withdrawal shall be ordered by the
court.
(Effective Date: 01/07/87; Amended 09/01/91)
RULE NO. 20
REVIEW OF DEFENDANTS IN CUSTODY
Defendants incarcerated may be reviewed upon motion of either party.
The motion shall be in writing, unless otherwise approved by the court,
stating the defendant's name, court docket number and purpose for the
review. The time for review shall be coordinated with the Calendar
Coordinator. The moving party shall ensure that the other party has been
served with notice of the review at least one day prior to the review date.
(Effective Date: 01/07/87; Amended 09/01/91)
RULE NO. 21
PRESENTENCE REPORTS
Whenever a probation evaluation is ordered by the court prior to
sentencing, the probation department's presentence report shall be provided
to the court, to the defendant's attorney and to the state or city
prosecutor no less than seven (7) days in advance of the sentencing date,
unless good cause is shown.
(Effective Date: 01/07/87)
LCRLJ 7
PRO SE APPEARANCE AND ANSWER
In accordance with District Court rules, all pro se defendants must
respond to the service of a Summons and Complaint by filing a Pro
Se Appearance and Answer in the form of the civil rules or by
utilizing the form set forth in these rules. The original of the
Pro Se Appearance and Answer shall be filed with the court and a
copy served upon the plaintiff or plaintiff's attorney.
[Effective Date: 01/07/87]
LCRLJ 26
26 (a) Civil Discovery
(1) Discovery shall be permitted pursuant to CRLJ 26(a) – (c)
without further order of the court. All discovery pursuant
to CRLJ 26 (a) – (c) shall be completed by the date of the
settlement conference if a jury has been demanded, or by the
date of the pre-trial hearing, if any, for a non-jury trial.
(2) Additional discovery may only be conducted by order of the
court after motion and hearing. The settlement conference
judge has authority to authorize additional discovery and
set timelines in accordance with this rule. No orders for
unlimited discovery pursuant to Superior Court Civil
Rules 26 – 37 shall be permitted.
(3) Either party may request a hearing for the purpose of
setting a discovery schedule.
(4) All discovery must be complete no later than thirty
(30) days prior to trial.
Adopted June 26, 2002 [Effective September 1, 2002]
26 (b) Admissibility of Documents
The documents listed below, if relevant, are presumed admissible at the
trial, but only if the party offering the document serves on all
parties at least 30 days prior to the trial date a notice,
accompanied by a copy of the document and the name, address and
telephone number of its author or maker. This rule does not
restrict argument or proof related to the weight of the evidence
admitted, nor does it restrict the court's authority to determine
the weight of the evidence after hearing all of the evidence and
the arguments of opposing parties.
The documents presumed admissible under this rule are:
(1) A bill, report, chart, or record of a hospital, doctor,
dentist, registered nurse, licensed practical nurse, physical
therapist, psychologist or other health care provider, on a
letterhead or bill head;
(2) A bill for drugs, medical appliances, or other related
expenses on a letterhead or billhead.
(3) A bill, or an estimate of, property damage on a letterhead
or billhead. In the case of an estimate, the party intending
to offer the estimate shall forward with the notice to the
adverse party a statement indicating whether or not the
property was repaired, and if it was, whether the estimated
repairs were made in full or in part, attaching a copy to the
receipted bill showing the items or repair and the amount paid;
(4) A police, weather, wage loss, or traffic signal report, or
standard United States government table to the extent it is
admissible under the Rules of Evidence, but without the need
for formal proof of authentication or identification;
(5) A photograph, x-ray, drawing, map, blueprint or similar
documentary evidence, to the extent it is admissible under the
Rules of Evidence, but without the need for formal proof of
authentication or identification;
(6) The written statement of any other witness, including the
written report of an expert witness, and including a statement
of opinion which the witness would be allowed to express if
testifying in person, if it is made by affidavit or by
declaration under penalty of perjury.
(7) A document not specifically covered by any of the
foregoing provisions but having equivalent circumstantial
guarantees of trustworthiness, the admission of which would
serve the interests of justice.
Any other party may subpoena the author or maker of a document,
admissible under this rule, at the party's expense, and examine the
author or maker as if under cross examination.
[Effective Date: 01/07/87; Amended 09/01/98]
LCRLJ 40
CIVIL TRIAL SETTINGS, PRE-TRIAL/SETTLEMENT CONFERENCES,
CONFIRMATION HEARINGS
(a) Civil Trial Settings
(1) After the defendant’s answer has been filed, any party
may request the court set the matter for trial.
(2) To request that the court schedule the matter for
trial, the party so requesting may utilize the Note for
Civil Trial Setting form, filing the original with the court
and serving a copy upon all other parties.
(3) Demand for a jury trial must be made no later than
five (5) days after the Note for Civil Trial Setting is served.
The party filing the demand shall at the time of filing pay
the required jury fee and indicate by affidavit that the
jury demand was served on all parties.
(4) Upon receipt of jury demand, the plaintiff shall,
within fourteen (14) days, initiate a telephone conference
call with the district court civil clerk and the defendant
to set the trial date and settlement conference date.
(5) Whenever any case set for trial is settled (other than
at settlement conference), or will not be tried for any
reason, notice of that fact shall be given immediately to
the court. If notification is not given by 48 hours prior
to the time of the trial, the court in its discretion may
order any party to pay terms.
(b) Continuances
(1) Stipulations. Once a trial has been scheduled, the
court will grant a continuance upon written stipulation of
the parties filed within two (2) weeks of the date of
issuance of the notice. The stipulation shall set forth a
date certain for trial, obtained from the Calendar Coordinator.
(2) Motions. Any other request for continuance shall be
presented by motion after notice to all parties at a date
and time to be scheduled by the Calendar Coordinator. The
court shall grant a continuance only upon a showing of good
cause.
(3) Terms. If a continuance is granted it may be upon the
condition that the moving party pay all appropriate costs,
including but lot limited to attorney fees, witness fees and
other costs directly related to the continuance.
(c) Pre-Trial / Settlement Conferences
Whenever a demand for jury trial has been filed in a
civil case, the case will be set for a Settlement Conference
/ Pre-Trial, approximately ninety (90) days prior to the
trial date. All parties, their attorneys, and a person with
authority to consent to settlement for each party shall be
present at this hearing. A settlement conference shall be
conducted first. If settlement is not reached, the case
will proceed immediately to Pre-trial.
All discovery pursuant to CRLJ 26 (a) – (c) shall be
completed prior to this conference.
At Pre-trial, the judge will enter a Pre-trial Order
stating the nature of the claim and defense, witnesses and
exhibits anticipated by each party, any additional discovery
authorized by the court and timelines for its completion and
any pre-trial motions to be set.
(d) Confirmation Hearing
A confirmation hearing shall be set within one week
prior to trial. All trial briefs, proposed jury
instructions and any remaining pre-trial motions or motions
in limine shall be filed with the court seven (7) days prior
to the confirmation hearing.
Adopted June 26, 2002 [Effective September 1, 2002]
LCRLJ 54
54 (a) Written Judgments
All written judgments entered following a bench trial or jury trial
should be substantially in the form of the uniform Judgment
Following Trial form contained in these rules.
[Effective Date: 01/07/87; Amended 09/01/98]
54 (b) Reasonable Attorney Fees
A. The court shall grant reasonable attorney's fees when permitted by
statute or on the basis of a written instrument. A party seeking
reasonable attorney's fees shall file with the court the written
instrument or, in the event of a dishonored check, proof of the
service of the statutory form of Notice of Dishonor in accordance
with RCW 62A.3-104. Reasonable attorney's fees following the
granting of a judgment at trial or motion shall be set by the
court, in it discretion, and the court may require the filing of an
affidavit in support of the request.
B. Offer of judgment - when a party is seeking reasonable attorney's
fees following the entry of a judgment under the provisions of RCW
4.84.250 through RCW 4.84.300, proof of compliance with the service
procedures must be shown to the court following the entry of the
judgment by utilization of the form Offer of Judgment in these
rules.
C. Default judgments - reasonable attorney's fees awarded on a default
judgment, where authorized by law or contract, shall be permitted
under the following schedule; subject to modification based upon
the circumstances of a particular case.
0.00 - $ 1,000 $350
$ 1,000.01 - $ 1,500 $375
$ 1,500.01 - $ 2,000 $400
$ 2,000.01 - $ 2,500 $425
$ 2,500.01 - $ 3,000 $450
$ 3,000.01 - $ 4,000 $500
$ 4,000.01 - $ 5,000 $600
$ 5,000.01 - $ 6,000 $700
$ 6,000.01 - $ 7,500 $800
$ 7,500.01 - $10,000 $950
$10,000.01 - + $1,000
[Effective Date: 01/07/87; Amended 09/01/98]
LCRLJ 55
DEFAULT JUDGMENTS
(A) No appearance by defendant. 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.
(B) Default judgments shall be subject to the following:
(1) No default judgment shall be granted except upon motion by
plaintiff's counsel of record, or if none, by motion of plaintiff,
pursuant to CRLJ 55(b).
(2) No default judgment shall be granted except upon proof
satisfactory to the court. The court shall require an affidavit
setting forth facts sufficient for default judgment and at least
the following to be on file with the motion for default judgment,
unless otherwise excused by the court for good cause.
(a) on assigned causes of action, the assignment instrument;
(b) on causes of action based on a negotiable instrument, the
original negotiable instrument,
(c) 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;
(d) 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,
(e) on causes of action for rent based on an oral lease, a
statement of account similar to that required in actions on open
account. If any claims are made for damages or repairs to
premises, such claims must be itemized separately;
(f) on causes of action for rent based on a written lease, a
copy of the lease and a statement of accounting;
(g) 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;
(h) 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: a written statement setting forth specific
items of claimed damage.
(3) Copies of the original documents as called for in paragraphs
2(b) and 2(c) above may be substituted for the original documents
with express approval of the court and upon certification by the
plaintiff that the copy is a true and correct copy of the original
document.
(4) No judgment for accrued interest shall be allowed unless 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.
[Effective Date: 01/07/87; Amended 09/01/98]
LCRLJ 65
65 (a) Garnishments
Whenever the Federal Government is named as a garnishee
defendant, the clerk of the court shall, upon submittal of a notice
in the appropriate form by the requesting party, issue a notice
which directs the garnishee defendant to disburse any non-exempt
earnings to the court.
Funds received by the clerk from any garnishee defendant may be
deposited into the registry of the court, or in the case of
negotiable instruments, may be retained in the court file. Upon
presentation of an order directing the clerk to disburse the funds
received, the clerk shall pay or endorse the funds over the party
entitled to same. Except for good cause shown, the funds shall not
be paid or endorsed to the judgment creditor prior to the
expiration of any minimum statutory period allowed to the judgment
debtor for filing an exemption claim.
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
service of the writ of garnishment. The notice to the Federal
Government employer shall be in substantially the following form.
[Effective Date: 09/01/98]
65 (b) Supplemental Proceedings
A. A judgment creditor may request, in accordance with RCW 6.32, a
supplemental proceeding or interrogatories to be served on a
judgment debtor. The return date shall be scheduled for the civil
motion calendar.
B. If a judgment debtor fails to appear at a supplemental proceeding
when scheduled, and the judgment creditor provides the court with
proof of service, the judgment creditor may request an order for
civil bench warrant by utilizing the Uniform Court Form Affidavit,
Order and Bench Warrant and by completing the pre-warrant vital
statistics information form. The court will issue a warrant
calling for cash bail in the amount of the judgment, provided,
however, if the amount of the outstanding judgment is greater than
$250, the cash bail shall be $250. For a bench warrant issued by
the court, the court shall require a $100.00 warrant fee, deducted
from the cash bail. If the judgment creditor continues a
supplemental proceeding to a subsequent date, at which the judgment
debtor does not appear, a bench warrant will be issued only upon
proof that the judgment debtor has actual knowledge of the
subsequent hearing.
[Effective Date: 01/07/87; Amended 09/01/98]
LCrRLJ 3.2
BAIL; REVIEW OF DEFENDANTS IN CUSTODY
Any person arrested for the following offenses shall be
held in jail without bail pending their first appearance:
1. Any offense classified under Section 10.99 of the
Revised Code of Washington as Domestic Violence.
2. A violation of RCW 46.61.502 (Driving Under the
Influence), RCW 46.61.503 (Driver Under 21 Consuming
Alcohol), or RCW 46.61.504 (Physical Control of Vehicle
Under the Influence), when the person has previously been
convicted of or had a deferred prosecution granted for two
or more of any of these offenses.
Defendants incarcerated, pretrial or post-trial, may be
reviewed upon request of either party or at the Court's
discretion. The request shall be in writing, on a form
provided by the court, stating the defendant's name, court
docket number and purpose for the review. The time for
review shall be coordinated with the in-custody clerk. The
requesting party shall ensure that the other party has been
served with notice of the review at least one day prior to
the review date.
Attorneys representing incarcerated defendants may
request review by phone, by providing the in-custody clerk
with the information indicated above.
[Adopted January 7, 1989; amended effective September 1, 1991;
August 6, 2001; May 1, 2003.]
Note: Definition of domestic violence per RCW 10.99.020:
"(3) 'Domestic violence' includes but is not limited to
any of the following crimes when committed by one family or
household member against another:
"(a) Assault in the first degree (RCW 9A.36.011);
"(b) Assault in the second degree (RCW 9A.36.021);
"(c) Assault in the third degree (RCW 9A.36.031);
"(d) Assault in the fourth degree (RCW 9A.36.041);
"(e) Drive-by shooting (RCW 9A.36.045);
"(f) Reckless endangerment (RCW 9A.36.050);
"(g) Coercion (RCW 9A.36.070);
"(h) Burglary in the first degree (RCW 9A.52.020);
"(i) Burglary in the second degree (RCW 9A.52.030);
"(j) Criminal trespass in the first degree (RCW 9A.52.070);
"(k) Criminal trespass in the second degree (RCW 9A.52.080);
"(l) Malicious mischief in the first degree (RCW 9A.48.070);
"(m) Malicious mischief in the second degree (RCW 9A.48.080);
"(n) Malicious mischief in the third degree (RCW 9A.48.090);
"(o) Kidnapping in the first degree (RCW 9A.40.020);
"(p) Kidnapping in the second degree (RCW 9A.40.030);
"(q) Unlawful imprisonment (RCW 9A.40.040);
"(r) Violation of the provisions of a restraining order
restraining the person or restraining the person from
going onto the grounds of or entering a residence, workplace,
school, or day care (RCW 26.09.300, 26.10.220, or 26.26.138);
"(s) Violation of the provision of a protection order or no-contact
order restraining the person or restraining the person from
going onto the grounds of or entering a residence, workplace,
school, or day care (RCW 26.50.060, 26.50.070, 26.50.130,
10.99.040, or 10.99.050);
"(t) Rape in the first degree (RCW 9A.44.040);
"(u) Rape in the second degree (RCW 9A.44.050);
"(v) Residential burglary (RCW 9A.52.025);
"(w) Stalking (RCW 9A.46.110); and
"(x) Interference with the reporting of domestic violence (RCW 9A.36.150)."
LCrRLJ 3.3
CONTINUANCE OF COURT DATES
A. The court on its own motion or motion of the defendant or the
prosecuting attorney may continue scheduled court appearance in the
interest of justice or as authorized in CrRLJ 3.3(h).
B. Upon agreement by both parties in writing, the Calendar Coordinator
is authorized to continue a hearing without leave of court upon request
of either party within two (2) weeks of the date of issuance of the notice
for the hearing as long as speedy trial requirements are not violated.
C. Any other request for continuance shall require appearance in court
by the party or attorney requesting the continuance, at a date and time
to be scheduled by the Calendar Coordinator. Unless both the parties
stipulate to the continuance request, the objecting party must be given
notice of the hearing by the requesting party. Upon good cause being
shown, the court may permit an Agreed Order of Continuance to be submitted
by the attorney for either party.
D. The defendant must file a waiver of speedy trial if the continuance
has the possibility of impairing the court's ability to schedule a trial
within 60/90 days.
E. In computing any period of time herein, the court adopts CRLJ 6(a),
which by reference is made a part hereof.
[Effective Date: 01/07/87; Amended 09/01/91; Amended 09/01/98]
LCrRLJ 3.4
AGREEMENT TO PROCEED BY VIDEO CONFERENCE
Whenever parties to a criminal proceeding agree that such
proceedings may be conducted by video conference as is
provided under CrRLJ 3.4(d)(2), such agreement shall be
acknowledged either on the record or in writing by execution
of a form substantially as is set forth herein as Uniform
District Court Form No. 22.
{Adopted January 5, 2000}
LCrRLJ 3.7
PRETRIAL MOTIONS
A. All pretrial motions shall be in writing and served upon the opposing
counsel and filed with the court within 14 days after the pretrial
hearing, unless good cause is shown for extending the time.
B. Upon receipt of a pretrial motion, the Calendar Coordinator shall
schedule a hearing on the motion prior to the date set for trial.
C. Supporting briefs shall be filed and served on opposing counsel at the
time the Pretrial Motion is filed. Responsive briefs are to be
filed no later than 3 days prior to the hearing date.
D. An extra copy of the motion and supporting or opposing briefs shall be
filed as a working copy for the judge.
E. All motions to suppress evidence other than the defendant's statements
shall comply with the requirements of CrRLJ 3.6.
[Effective Date: 09/01/98]
LCrRLJ 4.5
PRETRIAL HEARINGS
A. Following the sooner of arraignment or appearance by counsel, a
pretrial hearing shall be scheduled by the Calendar Coordinator,
unless the defendant has previously waived a jury trial, or as
otherwise directed by the court.
B. The office of the prosecutor shall provide discovery of all relevant
police reports, witness statements, administrative agency reports,
tests, and other documentary evidence in the possession of the
Office of the Prosecutor, as soon as practical after arraignment
or appearance by counsel, but no later than one week before the
date scheduled for pretrial hearing. This rule applies to pro se
defendants as well as those represented by counsel.
C. Failure to provide timely discovery shall be grounds for continuance
until discovery is provided.
D. Failure to provide timely discovery within the limits of CrRLJ
4.7(a)(2) may be grounds for dismissal of all charges.
E. Failure of counsel and defendant to appear for the pretrial hearing
without good cause shall constitute a waiver of discovery required
by these rules and grounds for continuance of any scheduled hearing
or trial date. Terms may be imposed for failure to appear at a
pretrial hearing.
Defendant's failure to appear at a pretrial hearing may be grounds for
the issuance of a bench warrant.
[Effective Date: 01/07/87; Amended 09/01/98]
LCrRLJ 6.1.1
CRIMINAL JURY TRIAL
A. VOIR DIRE, Jury Instructions: Jury selection shall be by the struck
jury method, unless otherwise ordered by the court. One original
set of jury instructions without citation to Washington Pattern
Jury Instructions or case law shall be submitted to the court along
with one set with citations no later than the beginning of the
trial. A copy of the set with citations shall be served upon
opposing counsel at the same time jury instructions are filed with
the court.
B. WITNESS, Present in Court: All witnesses to be called for a trial
shall be excluded from the courtroom until they are called upon to
testify, unless leave of the court is given for the person to
remain. A person who has testified as a witness shall not remain
in the courtroom following his or her testimony where there is a
substantial likelihood that the person will be called again to
testify in the same cause. Pursuant to ER 615, this rule does not
authorize exclusion of (1) a party who is a natural person, or (2)
an officer or employee of a party which is not a natural person
designated as its representative by its attorney.
C. WAIVER of Jury Trial: A defendant may expressly waive his or her
right to a jury trial at any time prior to a jury being impaneled.
If the waiver occurs after the Confirmation Hearing, the court may
order costs to be imposed. Once such a waiver has been made, a
defendant has until the pretrial conference to change his or her
mind and request a jury trial. However, if no pretrial is held
in the case, a defendant has until thirty (30) days before the
trial date to request the withdrawal of his or her waiver and the
scheduling of a jury trial. Any motion for the withdrawal of a
waiver of jury trial made after the appropriate time limit set by
this rule shall be in writing and the court shall have discretion
to grant or deny the motion.
D. CONFIRMATION of Jury Trial: The Calendar Coordinator will set all
cases where a jury has been requested for a Confirmation Hearing,
prior to the date set for trial. At that time all parties are
expected to verify readiness to proceed to trial, or to propose an
alternate disposition. If a case settles after the Confirmation
Hearing, the court may in its discretion order a party to pay any
jury costs incurred as a result.
E. WITNESS, Subpoenas, Costs: Where prospective witnesses who will be
compelled to appear by subpoena reside outside the boundaries of
Thurston County, leave of the court to issue a subpoena shall be
obtained; request for leave must be obtained from the court no
later than ten (10) days prior to the date set for trial. If leave
is not obtained or the request for leave is not timely made, then
the party issuing the subpoena shall be responsible for all costs
associated with the appearance of the person subject to the
subpoena unless good cause is shown.
F. WITNESS LIST: Each party shall provide to the other party a list of
prospective witnesses to be called at trial no later than two (2)
weeks prior to the scheduled date of trial. The list shall include
the name, address and telephone number of each prospective witness,
excluding the defendant.
G. SUBPOENA, Issuance: Either party may issue subpoenas to compel
attendance of a witness at trial in the same manner as set forth in
CrRLJ 4.8.
[Effective Date: 01/07/87; Amended 09/01/91; Amended 06/27/94;
Amended 09/01/98]
LCrRLJ 7.2
Victim Impact Statement
If a Victim Impact Statement is to be provided to the court, it shall
be filed by the State in a sealed envelope with the words "Victim
Impact Statement - Confidential" clearly marked on the outside.
Defense counsel, or defendant if pro se, shall be provided a copy
of the Victim Impact Statement prior to sentencing.
The court will review the Victim Impact Statement at the time of
sentencing, or at such earlier time as agreed by the parties.
LIRLJ 3.1(e)
PRE-HEARING MOTIONS IN INFRACTION CASES
REPEALED - September 1, 2006
(1) Notice of all pre-hearing motions in infraction cases
shall be in writing and shall be served upon the opposing
counsel and filed with the court not later than fourteen
(14) days prior to the date scheduled for hearing unless
good cause is shown.
(2) Unless otherwise noted for special hearing by the
parties or at the direction of the Court, pre-hearing
motions shall be heard on the date scheduled for hearing of
the infraction immediately prior to commencement of the
scheduled infraction hearing.
(3) All pre-hearing motions and supporting briefs shall be
filed not later than fifteen (15) days prior to the date
scheduled for hearing. All responsive briefs shall be filed
not later than seven (7) days after service of the motion
and supporting briefs. Failure to comply with the time
frames set forth herein may be grounds for sanctions.
Failure to timely file the motion may also result in the
Court not hearing the motion or requiring the filing of a
waiver of the right to speedy hearing.
(4) An original and bench copy of each pleading and
supporting document shall be filed with the court.
Adopted June 26, 2002 [Effective September 1, 2002]
LIRLJ 3.5
DECISION ON WRITTEN STATEMENTS
Mitigation and contested hearings based on written
statements, given under penalty of perjury as provided for
in IRLJ 2.4(b)(4) and IRLJ 2.6(c), are authorized. This
Court adopts the procedures authorized by IRLJ 3.5. To be
considered by the Court, the Court must receive written
statements(s) no later than seven (7) calendar days before
the scheduled hearing. In accordance with the provisions of
IRLJ 3.5, such hearings are not governed by the Rules of
Evidence, and there shall be no appeal from a decision on
written statement(s).
Adopted June 26, 2002 [Effective September 1, 2002]
LIRLJ 6.6
Speed Measuring Device - Infraction
A request to produce the electronic speed measuring device expert
shall be contained in a document separate from the request for hearing
and served on the prosecutor with a conformed copy filed with the
court clerk. Such request must be filed in accordance with the
time limitations set forth in IRLJ 6.6 (b)
PRO SE APPEARANCE AND ANSWER The contents of this item are only available on-line. AGREEMENT TO PROCEED BY VIDEO CONFERENCE The contents of this item are only available on-line. MOTION AND ORDER FOR PERMISSION TO CONDUCT DISCOVERY The contents of this item are only available on-line. NOTE FOR CIVIL TRIAL SETTING The contents of this item are only available on-line. PRE-TRIAL ORDER The contents of this item are only available on-line. JUDGMENT FOLLOWING TRIAL The contents of this item are only available on-line. OFFER OF JUDGMENT The contents of this item are only available on-line. NOTICE TO FEDERAL GOVERNMENT GARNISHEE DEFENDANT The contents of this item are only available on-line. AFFIDAVIT AND ORDER FOR WARRANT OF CONTEMPT OF COURT AND BENCH WARRANT The contents of this item are only available on-line. VITAL STATISTIC INFORMATION The contents of this item are only available on-line.
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