LOCAL RULES OF THE DISTRICT COURT FOR KING COUNTY
Local Administrative Rules
(b) EXECUTIVE COMMITTEE. The Executive Committee shall consist of five (5) judges: The Chief Presiding Judge and the Assistant Presiding Judge, and three (3) Division Presiding Judges, one from each of the three Administrative Divisions. The Chief Presiding Judge, Assistant Presiding Judge and each member of the Executive Committee shall serve a term of two (2) years, from January 1st through December 31st, or until a successor shall be elected. The Executive Committee is responsible for the establishment of policies regarding the administrative operations of the Court.
(c) CHIEF PRESIDING JUDGE. The Chief Presiding Judge is given the duties set forth in GR 29; is responsible for the supervision of the business of the Court and for ensuring that the business of the Court is conducted in accordance with these rules; shall propose policy to the Executive Committee; shall carry out the policies set by the Executive Committee; shall supervise the Chief Administrative Officer; shall be responsible for general supervision of the current budget; shall be responsible for the preparation of the yearly proposed budget for the Court; and after approval of the Executive Committee, shall present the yearly proposed budget to the County Executive and County Council. Should the County Council modify the proposed budget, the Budget Committee and the Chief Presiding Judge shall thereafter formulate and recommend a final budget to the Executive Committee for approval.
(d) ASSISTANT PRESIDING JUDGE. The Assistant Presiding Judge shall assist the Chief Presiding Judge and shall serve as Acting Chief Presiding Judge during the temporary absence or disability of the Chief Presiding Judge. Unless otherwise directed by the Chief Presiding Judge, the Assistant Presiding Judge shall be the chair of the Budget Committee.
(e) DIVISION PRESIDING JUDGE. Each of the Court's three (3) Administrative Divisions shall have a Division Presiding Judge who shall have the responsibilities and the authority delegated by the Chief Presiding Judge under GR 29.
(f) CHIEF ADMINISTRATIVE OFFICER. The Chief Administrative Officer, under the supervision of the Chief Presiding Judge, shall have responsibility and authority, subject to delegation to the Deputy Chief Administrative Officer and Directors, where the Chief Administrative Officer deems appropriate, over the hiring, supervision, discipline and termination of all non-judicial personnel. The Chief Administrative Officer shall develop and implement uniform court, administrative and personnel procedures and, where appropriate, centralization of court administration to achieve cost savings. The Executive Committee is responsible for the hiring of the Chief Administrative Officer. The Chief Administrative Officer serves at the pleasure of the Executive Committee.
(g) DEPUTY CHIEF ADMINISTRATIVE OFFICER. The Deputy Chief Administrative Officer, under the supervision of the Chief Administrative Officer, shall have the responsibility and authority delegated by the Chief Administrative Officer. The Deputy Chief Administrative Officer shall be hired by the Chief Administrative Officer only with the concurrence of the Executive Committee. The Deputy Chief Administrative Officer serves at the pleasure of the Executive Committee.
(h) DIRECTOR OF PROBATION SERVICES. The Director of Probation Services, under the supervision of the Chief Presiding Judge, shall have responsibility and authority for operations of the Court's Probation Services, including the hiring, training, placement, discipline, and termination of Probation Services personnel. Responsibility for establishment of policies regarding the operations of Probation Services is placed with the Executive Committee. The Executive Committee is responsible for the hiring of the Director of Probation Services. The Director of Probation Services serves at the pleasure of the Executive Committee.
(i) DIRECTORS. Directors, other than the Director of Probation Services, shall report directly to the Chief Administrative Officer or Deputy Chief Administrative Officer as determined by the Chief Administrative Officer and shall have such responsibility and authority as the Chief Administrative Officer deems appropriate, over the hiring, supervision, discipline, and termination of all non-judicial personnel under the assigned supervision of the Director. Directors shall be hired by the Chief Administrative Officer with the concurrence of the Executive Committee. Directors serve at the pleasure of the Executive Committee.
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002; September 1, 2007; September 2, 2013; June 19, 2020; September 1, 2021.]
(b) A decision of the Chief Presiding Judge or Executive Committee may be appealed directly to the judges by obtaining the consent of at least five (5) other judges and filing such appeal with the Office of the Presiding Judge for inclusion on the next general judges' meeting agenda. An affirmative vote of at least two-thirds of those judges voting is required to reverse the Chief Presiding Judge's or Executive Committee's decision.
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002; June 19, 2020.]
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002; June 19, 2020.]
[Adopted effective January 1, 1991; amended effective January 1, 1992; September 1, 1993; January 1, 2000; October 18, 2002.]
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002.]
The Recording Secretary shall send to all judges a copy of the proposed rule(s) and the Executive Committee's recommendation(s) regarding adoption or rejection at least five (5) days prior to the regular judges' meeting.
The Recording Secretary shall record and send to all judges the minutes of the proceedings of the Executive Committee and the judges meetings, including a copy, in pdf format, of the approved rules passed by the judges within five (5) working days following the meeting. The records of all proceedings of the judges and the prior association shall be maintained at the Office of the Presiding Judge.
[Adopted effective January 1, 1991; amended effective January 1, 2000; June 19, 2020.]
The
Chief Presiding Judge may from time to time, with or without a motion
for such, set up ad hoc or special committees for specific purposes, and
appoint judges to serve on such committees. Permanent committees
which shall be appointed annually by the Chief Presiding Judge shall
be:
(a) Rules. The rules committee shall be charged
with the regular review and revision of all the local and administrative
rules that govern the operation of the judges of King County District
Court. Except in emergencies, all rules revisions and new rules
shall be first referred to this committee for drafting.
(b) Probation. The probation committee shall be
charged with assisting the Probation Director and the Chief Presiding
Judge in the development of policy under which the probation department
shall operate.
(c) Budget. The budget committee shall be charged
with the development of the proposed budget for the coming year for King
County District Court. This committee shall coordinate and
consider the requests from each Division and develop a recommended
budget for consideration of the Executive Committee.
(d) Personnel. The personnel committee shall be
charged with the development of all recommended policies that affect the
people working in the Divisions, including union contract provisions,
recommended salaries, and working condition rules and regulations.
These recommendations shall be referred to the Executive Committee for
action.
(e) Caseload. The Executive Committee will serve
as the caseload committee.
(f)
Diversity, Equity, and Inclusion
(“DEI”). The diversity, equity, and
inclusion committee shall be charged with the development of all
policies regarding diversity, equity, and inclusion that affect King
County District Court, the communities it serves, the people working in
the Divisions, other courts and public and private sector entities.
Except in emergencies, all diversity, equity, and inclusion
policies shall be referred to this committee for recommendations. The
committee shall refer recommendations to the Executive Committee for
action.
[Adopted effective January 1, 1991; amended effective January 1, 2000;
October 18, 2002; June 19, 2020; June 24, 2022.]
[Adopted effective January 1, 1991; amended effective September 1, 2006; June 19, 2020.]
[Adopted effective January 1, 1991; amended effective January 1, 1992; January 1, 2000; October 18, 2002; September 1, 2007; June 19, 2020.]
(a) Chief Presiding Judge. In the event of a vacancy, the position of the Chief Presiding Judge shall be filled by a majority vote of all of the judges in attendance at a special elections meeting.
(b) Assistant Presiding Judge. In the event of a vacancy, the position of the Assistant Presiding Judge shall be filled by a majority vote of all of the judges in attendance at a special elections meeting.
(c) Division Presiding Judge. In the event of a vacancy, the position of Division Presiding Judge shall be filled by a majority vote of the judges in attendance at a special elections meeting of the affected administrative division. If no judge from an administrative division receives a majority of the votes to be elected Division Presiding Judge, then the Chief Presiding Judge shall draw names by lot from the top two finalists to fill the position. The Chief Presiding Judge shall be notified of the Division election results no later than a week following the election.
[Adopted effective January 1, 1991; amended effective September 1, 2007; June 19, 2020.]
A copy of any proposed amendment(s) to any current local court rule shall be attached to the agenda as a separately identified document.
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002; June 19, 2020.]
(a) Chief Presiding Judge. The Chief Presiding Judge may be recalled from office upon motion made and seconded and approved by two-thirds of the judges as defined in LARLJ 0.14(c). The vote shall occur at a special meeting of the judges called for that purpose.
(b) Assistant Presiding Judge. The Assistant Presiding Judge may be recalled from office upon motion made and seconded and approved by two-thirds of the judges as defined in LARLJ 0.14(c). The vote shall occur at a special meeting of the judges called for that purpose.
(c) Division Presiding Judge. A Division Presiding Judge may be recalled from office upon motion made and seconded and approved by two-thirds of those judges within the affected administrative division entitled to vote on the matter.
[Adopted effective January 1, 1991; amended effective October 18, 2002; June 19, 2020.]
(b) Executive Committee Action.
(1) The Executive Committee, if it determines circumstances justify, may adopt the proposed rule(s), except changes to these Administrative Rules, as submitted or as modified at the Executive Committee meeting for immediate effect subject to an automatic review by the judges at the first regular meeting of the judges following such Executive Committee action.
(2) If the Executive Committee determines there is not a need for immediate enactment of the proposed rule(s), it shall nevertheless pass on the advisability of such rule(s), and any amendments considered at such meeting, and forward the proposed rule(s) to a meeting of the judges which is at least twenty-eight (28) days ahead.
(3) Any Division or judge may request a specific local rule (as opposed to a uniform local rule) for a Division in supplementation of the uniform local rules by obtaining the approval of the Executive Committee and adoption according to GR 7.
(c) Judges. “Judges” are defined to mean all the then current validly appointed or elected King County District Court Judges.
(d) Meeting of the Judges. A meeting of such judges includes those present in person, present by technological conferencing means capable of fully participating, and those present by means of proxy voting as authorized by these Local Administrative Rules.
(e) Printing of Rules. Copies of all adopted rules shall be filed as directed by GR 7 and available at all courthouses. Adopted as a goal is the desire to have the Local Court Rules reviewed on an annual basis in time to be accepted for publication by book companies. The Chief Presiding Judge may at any time make typographical error corrections of printed rules.
(f) Emergency Bail Schedule Changes. The Chief Presiding Judge may without prior notice add to, delete, or amend the King County District Court's Uniform Bail Schedule to conform with legislative change or Supreme Court rule change.
(g) Suspension of Rules. No local rule of this Court shall be adopted, rescinded or changed without a majority vote of all the judges at a regular or special judges' meeting and only after seven (7) days notice of a motion thereof; provided, a rule may be temporarily suspended for a special purpose by a vote requested thereon. The Chief Presiding Judge shall announce the rule suspended and the judges may proceed accordingly.
[Adopted effective January 1, 1991; amended effective September 1, 1993; January 1, 2000; October 18, 2002; June 19, 2020.]
[Adopted effective January 1, 1991; amended effective June 19, 2020.]
(b) Weddings. Any judge performing a wedding ceremony during the hours the Court is open to the public for business must comply with the requirements of the Canons of the Code of Judicial Conduct and any applicable statutes.
[Adopted effective January 1, 1991; amended effective January 1, 2000; October 18, 2002; June 19, 2020.]
The current courthouse facilities located within the Administrative Divisions are as follows:
South Division
(a) Auburn, 340 East Main Street - Suite 101, Auburn, WA 98002
(b) Burien, 601 SW 149th Street, Burien, WA 98166
(c) Maleng Regional Justice Center, 401 Fourth Avenue North, Kent, WA 98032
(d) Vashon Facility (c/o Burien Courthouse, 601 SW 149th Street, Burien, WA 98166)
East Division
(a) Bellevue, 1309 --114th Avenue SE – Suite 100 – Bellevue, WA 98004
(b) Issaquah, 5415--220th Avenue SE, Issaquah, WA 98029
(c) Redmond, 8601--160th Avenue NE, Redmond, WA 98052
West Division
(a) Seattle, E-327 King County Courthouse, 516 --3rd Avenue, Seattle, WA 98104
(b) Shoreline, 18050 Meridian Avenue N, Shoreline, WA 98133
(c) King County Correctional Facility (c/o Seattle Courthouse, 516 –- 3rd Avenue, Room E-327, Seattle, WA 98104)
[Formerly LARLJ 0.18, adopted effective January 1, 1991; amended effective January 1, 1992; September 1, 1997; January 1, 2000. Renumbered as LARLJ 0.17 and amended effective October 18, 2002; June 26, 2004; September 1, 2007; June 19, 2020.]
(b) All Judges. Any judge may seek permission of their respective Division Presiding Judge to transfer a case to another courthouse within their Division. Any judge may seek permission of their respective Division Presiding Judge to transfer a case to another Division. The originating Division Presiding Judge will consult with the receiving Division Presiding Judge. Following consultation, the receiving Division Presiding Judge may accept or reject the transfer.
(c) Courtesy Hearing.Without transferring the case to another Administrative Division, a hearing may be held in a Division other than the one in which the case is filed for the purpose of setting bail, first appearance after being booked on a warrant, or other purpose agreed to by the Court where the case is filed.
[Formerly LARLJ 0.19, adopted effective January 1, 1991; amended effective January 1, 1992; September 1, 1997; January 1, 2000. Renumbered as LARLJ 0.18 and amended effective October 18, 2002; September 1, 2007; June 19, 2020.]
(a) Per Page. The fee assessed for remote access to on-line district court records shall be twenty-five cents per page. No fee shall be charged to view district court records using terminals that are made available to the public at district court facilities.
(b) Collection. Subject to the approval of the Chief Presiding Judge, the district court chief administrative officer shall establish a procedure for the collection of this fee.
[Adopted on an emergency basis effective January 1, 2009; adopted on a permanent basis effective September 1, 2009. Former LARLJ 0.19 adopted effective January 1, 1991; amended effective November 1, 1993; January 1, 2000; amended and renumbered as LARLJ 0.18 effective October 18, 2002; repealed June 19, 2020 effective till January 1, 2021.]
Local Civil Rules
(b) Impound Hearings. Impound hearings shall be filed in the Division in which the impound of the vehicle occurred.
(c) Small Claims. Venue for small claims cases is governed by the provisions of RCW 3.66.040.
(d) Civil Protective Orders. These rules do not govern the filing of any petition for civil protective orders. Such petitions may be filed in any Division of the King County District Court.
(e) Alternative Filing. The Chief Presiding Judge may direct alternative filing requirements pursuant to LARLJ 0.18.
[Adopted effective January 1, 1991; amended effective September 1, 1993; September 1, 1999; July 1, 2000; September 1, 2009; September 2, 2014; September 1, 2016; September 1, 2017; September 1, 2020.]
[Adopted effective January 1, 1991; amended effective July 1, 2000; September 2, 2014.]
(j) Filing by E-mail for Order of Protection cases
(1) Except as set forth in subsection (5), the clerk of the court may accept for filing, documents associated with the civil Order of Protection cases, which are sent directly to the clerk of the court’s business E-mail or to another by electronic E-Mail transmission. An E-Mail copy shall constitute an original for all court purposes. The attorney or party sending any document via E-Mail to the clerk shall retain the original signed document until sixty (60) days after completion of the case. The E-Mail subject line shall bear the notation:
"SENT on _______________ (DATE) VIA E-MAIL FOR FILING IN COURT”
(2) If a document is transmitted by E-Mail to another for filing with the court, the person responsible for filing may be required to attach an original affidavit as the last page of the document. The affidavit must bear the name of the court, the division, the case caption, the case number, the name of the document to be filed, and a statement that the individual signing the affidavit has examined the document, determined that it consists of a stated number of pages, including the affidavit page, and that it is complete and legible. The affidavit shall bear the original signature, the printed name, address, phone number and E-Mail number of the individual who received the document for filing.
(3) The clerk of the court may use E-Mail transmission to send any document requiring personal service to one charged with personally serving the document. Notices and other documents may be transmitted by the clerk to counsel of record via the E-Mail (electronic mailbox) on file with the court.
(4) Clerks may charge reasonable fees to be established in statute, for receiving, collating, and verifying E-Mail transmissions.
(5) Without prior approval of the clerk of the receiving court, an E-Mail transmission is not authorized for judge's working copies (courtesy copies) or for those documents for which a filing fee is required.
(6) Conditions.
(i) Documents transmitted to the clerk via E-Mail shall be letter size (8-1/2 by 11 inches). Unless otherwise provided by local court rule, documents over 20 pages in length may not be filed by E-Mail without prior approval of the clerk.
(ii) Any document transmitted to the clerk by E-Mail must include the case number (if any) in the subject line. The case caption, number of pages attached, the sender's name, the sender’s telephone number(s) should be included in the body of the email. The e-mail itself is not considered a legal pleading.
(iii) An email with attached documents transmitted directly to the clerk of the court shall be deemed received at the time the clerk's E-Mail registers the transmission of the first page, except that an E-Mail received after the close of normal business hours shall be considered received the next judicial day. If an email and/or its attachments are not completely transmitted, it will not be considered received. A document transmitted to another for filing with the clerk of the court will be deemed filed when presented to the clerk in the same manner as an original document.
(iv) Court personnel will not verify receipt of an E-Mail transmission and persons filing by E-Mail shall not call the clerk's office to verify receipt.
(v) Persons sending documents via E-Mail agree to be in compliance with the same Technical Standards as electronic filing via the court’s electronic filing portal.
[Adopted on an Emergency Basis, effective on October 21, 2022.]
For motions in criminal cases please see LCrRLJ 8.2.
(1)(ii) Motions on Consumer Debt Cases.
Every post-judgment
application/motion on cases arising from consumer debt shall include a
sworn declaration from the plaintiff that the plaintiff is in compliance
with RCW 19.16.250 and with all requirements set forth in any applicable
Washington State Gubernatorial Proclamation(s), including any applicable
extensions issued on or after January 1, 2020.
Additionally, any proposed order must include the following language
denoted at the bottom of the Judgment Summary: *Post-judgment interest
calculation is in compliance with any applicable Washington State
Gubernatorial Proclamation(s) and any applicable issued extensions.
Any pleading not in compliance with this court rule may result in an
assessment pursuant to King County Ordinance KCC 4A.634.100A.
[Adopted on an Emergency Basis, June 19, 2020. Adopted effective September 1, 2020; amended on an Emergency Basis, effective May 1, 2021; amended effective September 1, 2021.]
(i) Caption on Complaint; Motion for Default and Default Judgment.
In any action brought by a debt buyer, the caption of each complaint and motion for default and default judgment in any shall contain the designation: DEBT BUYER.
In any action based upon medical debt, other consumer debt, or private student loan debt, the caption of each complaint and motion for default and default judgment shall contain the designation(s): MEDICAL DEBT, OTHER CONSUMER DEBT, PRIVATE STUDENT LOAN DEBT.
[For additional information on statutory definitions, see RCW 19.16.100.]
Example LCRLJ 10(a)(i)
__________________________________________________________________________
SPACE FOR SERVICE PROOF SPACE FOR COURT/FILING STAMP
IN THE KING COUNTY DISTRICT COURT
IN AND FOR THE STATE OF WASHINGTON
________________Division
___________________Courthouse
___________________________________ ) No.
Plaintiff )
)
) NAME OF PLEADING
)
vs. ) [CHECK ALL THAT APPLY BELOW]
)
) __ DEBT BUYER
___________________________________ ) __ MEDICAL DEBT
Defendant. ) __ OTHER CONSUMER DEBT
) __ PRIVATE STUDENT LOAN DEBT
)
) (CLERK'S ACTION REQUIRED)
)
)
___________________________________ )
[Adopted on an Emergency Basis, June 19, 2020. Adopted effective September 1, 2020.]
(1) Any party intending to propose a discovery schedule under this rule must serve the proposed discovery schedule on all parties, within 90 days of service of the summons and complaint, or counterclaim, or cross complaint, whichever is longer.
(2) Such discovery schedule shall be deemed approved by the court if no objection or counter proposal is served and filed within 14 days of the date of filing.
(3) If an objection or other proposed schedule is filed within 14 days of the filing of a proposed discovery schedule, the court shall note the case for a discovery conference and set discovery deadlines.
(4) No ex-parte fee will be charged.
[Adopted effective January 1, 1991; amended effective September 1, 1994; July 1, 2000; September 2, 2014.]
[Adopted effective September 2, 2014.]
[Adopted effective January 1, 1991; amended effective July 1, 2000; September 2, 2014.]
In addition, the following documents will also be deemed admissible: A wage loss statement; The written statement of any witness including a 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 the written statement is made by affidavit or by declaration under penalty of perjury.
When the Court is determining whether a document is admissible under ER 904(a)(6), the Court shall consider the factors listed in ER 904 and shall also consider the purpose of Courts of Limited Jurisdiction, noted in CRLJ 1, to secure the just, speedy, and inexpensive determination of every action.
[Adopted effective September 2, 2014; amended effective September 1, 2017; September 1, 2018; September 1, 2019; September 1, 2020.]
SCHEDULE FOR REASONABLE ATTORNEY FEES IN DEFAULT CASES
(Other than Statutory Attorney Fees)
From To Amount
$.01 $1,000 $250
$1,000.01 $1,500 $300
$1,500.01 $2,000 $350
$2,000.01 $2,500 $400
$2,500.01 $3,000 $450
$3,000.01 $4,000 $500
$4,000.01 $5,000 $550
$5,000.01 Set at court's discretion.
[Adopted effective January 1, 1991; amended effective January 1, 1991; May 5, 1992; September 1, 1993; July 1, 2000; September 2, 2014; September 1, 2020.]
(g) Form of Submission. Any party seeking a default judgment shall submit at
least the following to the Court contemporaneously with the motion for default
judgment, unless otherwise excused by the Court for good cause, regardless of
whether any of these required documents have been filed with the Court prior to
the motion:
(1) A copy of the original proof of service shall be
submitted with every motion for default judgment.
(2) In Debt Buyer causes of action involving debt purchased on or after June 11, 2020: proof as set forth in RCW 19.16.260. An affidavit by counsel under CRLJ 55(b)(1) is sufficient as to the amount of the debt only.
(3) In assigned causes of action: a copy of the
assignment interest. If the debt was assigned more than once, each
assignment or other writing evidencing transfer of ownership must be
submitted to establish an unbroken chain of ownership, beginning with the
original creditor to the first debt buyer and each subsequent
sale.
(4) In causes of action based on all contracts: sworn
testimony to prove performance(s) may be required; a copy of the contract, if
written; proof of the items of account and any credits; the factual basis for
the breach; and the final amount of the principal owing (the final amount should
be underlined and highlighted). In addition:
(i) In causes of action based on open account: a
written statement of account setting forth all charges and credits and the
dates thereof on the principal and separately listing any statement of any
interest or surcharges; and a statement of the nature of merchandise or
services furnished.
(ii) In causes of action based on a check as defined
in RCW 62A.3-104 or a promissory note: the original or a document which
comports with the Rules of Evidence (ER), including an attestation that the
document is reliable.
(iii) In causes of action based on credit card debt:
the original or a copy of billing statements in the debtor’s name
showing cumulative charges to the extent available, interest, interest rate,
payments, credits and, if available, a statement of the nature of
merchandise or services furnished; and a final billing statement proving the
principal.
(iv) In 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 claim is made for damages or repairs to premises, such claim
must be itemized separately.
(v) In causes of action for rent based on a written
lease: the original or a copy of the lease and a statement of the
account.
(vi) In causes of action based on a retail sales
contract, chattel mortgage, or conditional sales contract: the original or a
copy of the contract. Where applicable, an automobile title or bill of sale
must be filed.
(5) In causes of action based on tort:
(i) Proof of liability shall be made by sworn
statement of a witness with competent knowledge of the event (for automobile
accident cases, see RCW 46.52.080 (police accident report not
admissible));
(ii) Otherwise, the proof required showing the
amount of damages 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) Property damage may be proven by repair bills or
estimates;
(B) Loss of use claims, and pain and suffering shall
be proved by sworn testimony;
(C) Loss of wages may be proven by sworn declaration
from the employer or employer's agent; and
(D) Hospital, doctor, and other medical expenses may
be proved by written bills or statements.
(h) Conformed Copies. If the default motion is by mail, the plaintiff
shall file a self-addressed, stamped envelope for the clerk to return a
conformed copy of the default judgment to the plaintiff.
(i) Prejudgment
Interest. In order for
a judgment for pre-judgment interest to be allowed, the following must be
presented to the Court:
(1) A document that indicates the date
interest commenced. This date should be underlined and highlighted for the
Court; and
(2) The computation of the interest claimed
due. The computation must include: principal; an adjustment to principal if
a payment has been made; the date of any payment; and the rate(s) of
interest, including the start date and the end date. The document with the
rate of interest should have the rate of interest underlined and highlighted
for the Court.
[Adopted effective January 1, 1991; amended effective July 1, 2000; September 1, 2006; September 1, 2007; September 2, 2014; amended on an Emergency Basis, June 19, 2020; amended effective September 1, 2020; amended on an Emergency Basis, effective October 21, 2022.]
[Adopted effective July 1, 2000. Amended effective September 2, 2014.]
Local Criminal Rules
(a) Style and Form. (See: CRLJ 5 and 10 and CrRLJ 1.5 and 8.4.)
(b) Filing with Court. (See: CRLJ 5 and CrRLJ 8.4(c).)
(1) Action Documents. Pleadings or other papers requiring action on the part of the Court (other than file stamping, docketing and placing in the court file) shall be considered action documents. Action documents shall include a special caption directly below the case number on the first page, stating: " Clerk’s Action Required: (here state the action requested)."
(2) Format Recommendations. It is recommended that all pleadings and other papers include or provide for the following:
(i) Service and Filing. Space should be provided at top of the first page of a document allowing on the right half for the clerk's filing stamp, and in the left half for proof of, or acknowledgment of, service.
(ii) Numbered Paper. All pleadings, motions, affidavits, briefs, and other supporting documents prepared by attorneys/parties should be on paper with line numbering in the left-hand margin.
(3) Handling by Clerk. All pleadings or other papers with proper caption and cause number will be date receipted, docketed and secured/placed in the court file by the Clerk of the District Court in the order received.
Example LCrRLJ 1.5
SPACE FOR SERVICE PROOF/SPACE FOR COURT/FILING STAMP
IN THE KING COUNTY DISTRICT COURT
IN AND FOR THE STATE OF WASHINGTON
_______________Division
___________________ Courthouse
________________________________ )PLAINTIFF ) NO. XXXXXXX
)
v. ) CLERK'S ACTION REQUIRED:
)
) SET THIS MOTION FOR HEARING
________________________________ )
DEFENDANT ) MOTION CHALLENGING COMPLAINT SUFFICIENCY
The clerks will not search out action items. They will not search through letters, notices of appearance, requests for discovery, or other materials, to locate possible requests for action, such as: preservation of jury trial, or non-waiver of 60/90 day rule (this needs a request to set within the correct time, see CrRLJ 3.3), or concern with witnesses. CrRLJs impacted by this rule are:
CrRLJ 1.5 Style and Form
CrRLJ 4.1 Objection to Arraignment Date
CrRLJ 3.3 Setting of Trial Date ... Waiver of Objection
CrRLJ 4.3 Joinder of Offenses and Defendants
CrRLJ 4.3.1 Consolidation for Trial
CrRLJ 4.4 Severance of Offenses and Defendants
CrRLJ 4.7 Discovery (regulation of, not requests for)
CrRLJ 4.8 Subpoenas
[Adopted effective January 1, 1991; amended effective September 1, 2007; September 1, 2017; September 1, 2020.]
[Adopted on an Emergency Basis effective March 6, 2008. Adopted effective September 1, 2009; amended effective September 1, 2017; September 1,2020.]
[Adopted on an Emergency Basis effective June 24, 2005. Adopted effective September 1, 2005; amended effective September 1, 2020.]
(d) Video Conference Proceedings.
(2) Agreement. All trial court proceedings, except jury trials, may be conducted by video conference only by agreement of the parties, either in writing or on the record, and upon the approval of the judge.
[Adopted on an Emergency Basis effective July 14, 2017. Amended effective September 1, 2019; September 1, 2020.]
(1) Presenting Orders. In cases which will proceed to trial, the parties shall fully complete the pre-trial order form provided by the Court. All pre-trial orders will be presented to and signed by the judge in open court on the record, unless otherwise ordered by the judge in a specific case.
(2) Identifying Motions. Each party shall identify with specificity its suppression motions in a separate pleading and the party may be required to articulate on the record the basis for any motion. Motions other than for suppression shall be listed on the written pre-trial order form. All rulings made at the pre-trial hearing or subsequent motion hearing(s) shall be binding on the parties and shall not be relitigated at trial. Any motions not filed at pre-trial may be deemed waived unless otherwise allowed by the Court.
(3) Scheduling. The Court shall assign dates and give written notice to the parties for motion hearings and trial at the time of the pre-trial hearing and shall, insofar as is reasonably possible, schedule those hearings in consultation with the parties. Other factors, such as witness availability, shall also be considered.
(4) Jury Call. A Jury Call hearing will be scheduled in all cases proceeding to jury trial unless specifically waived by the judge in a particular case for good cause shown. The defendant shall be required to attend this hearing unless excused by the Court.
[Adopted effective September 1, 1996; amended effective September 1, 2020.]
(1) The defendant and the prosecuting authority may subpoena witnesses necessary to testify at a scheduled hearing or trial. The subpoena may only be issued by a judge, court commissioner, clerk of the court, or by a party's lawyer. If a party's lawyer issues a subpoena, a copy shall be filed with the Court. If the subpoena is for a witness outside of King County or counties contiguous with it, the judge must approve the subpoena.
(2) A party issuing a subpoena, or requesting the Court to issue a subpoena, may label the witness list or subpoena as confidential with respect to address. When a party files such confidential list or subpoena, the party shall file a redacted and a non-redacted subpoena with the address. The redacted subpoena shall be placed in the court file for public view and the non-redacted subpoena shall be placed in the court file as “confidential” (and not for public view). If only one copy is filed, it is placed in the public court file. If a person seeks to have access to the “confidential” witness list or subpoena filed under this rule, the person must file a motion for access to the subpoena stating the reasons for such access. The motion shall be decided by a judge on a case by case basis.
[Adopted effective September 1, 2020.]
[Adopted effective January 1, 1991; amended effective September 1, 1993; September 1, 2020.]
(b) Joint
Motion to Continue, Other than Trial. Unless a request to
continue a pre-trial, motion, and/or other final disposition is duly noted for a
motion hearing, all such requests to continue will require the agreement of both
parties or proof of service on the other party before such request will be
submitted to a judge for approval. The party submitting the motion is
responsible for service on the other party prior to e-filing the motion.
The Court will not consider any motion unless proper proof of service has been
filed. Examples of accepted proof of service include:
declaration, conformed copy, email correspondence, or the signature of the other
party.
A request to continue a pre-disposition matter beyond the applicable
time-for-trial period under CrRLJ 3.3 without a signed time-for-trial waiver
will not be considered without a hearing.
(c) Motion of Countywide Significance. Upon
the filing of a motion in a criminal case, any party may request that such
motion be designated as an “issue of countywide significance”. A
judge in any Division of the Court may, on his or her own motion or upon
receiving such a request from a party, request of the Chief Presiding Judge that
such motion be designated as an “issue of countywide significance”.
Upon receiving such request from a Judge, the Chief Presiding Judge may
designate such motion as an “issue of countywide significance”.
Upon designation of a motion as an “issue of countywide
significance”, the Chief Presiding Judge shall assign three judges to act
as a panel to hear the motion. The panel of judges shall hear testimony and
argument and enter Findings of Fact and Conclusions of Law and Decision
(“Ruling”) on the motion. Judges of the Court shall then have the
following options: (1) accept such Ruling in its entirety; (2) not accept such
Ruling and schedule a hearing before the referring judge for the presentation of
testimony and argument; or (3) accept the Findings of Fact and Conclusions of
Law, in whole or in part, and make a separate decision thereon. A record of the
hearing shall be made, and a transcript shall be made available to any judge of
the Court upon his or her request. Copies of the transcript shall be made
available through the Court to any person upon payment of the costs of
transcription.
(d) Petitions for a Deferred Prosecution. Petitions for a Deferred Prosecution, along with all supporting documents, shall be filed at least two (2) court days prior to the hearing on the petition.
[Adopted effective January 1, 2000; amended effective September 1, 2001; September 1, 2020; amended on an Emergency Basis, effective May 1, 2021; amended effective September 1, 2021.]
Local General Rules
“Clerk's Action Required: (herein state the specific action requested).” Clerks will not search through letters, notices of appearance, requests for discovery or other materials to locate possible requests for action.
[Adopted effective September 1, 2020.]
(a) Definitions.
(2) “Electronic Filing” or “e-filing” is the
electronic transmission of information to a court or clerk for case
processing.
(b) Electronic Filing Authorization, Exception, Service, and Technology
Equipment.
(3) Electronic Transmission from the Court.
(i) Attorneys. The Court or clerk may electronically transmit notices, orders, or other documents or communications, to all attorneys using the attorney’s electronic mailbox address on file with the Court. It is the responsibility of all attorneys to maintain an electronic mailbox sufficient to receive electronic transmissions of notices, orders, and other documents.
(ii) Non-Attorneys. The Court or clerk may electronically transmit notices, orders, or other documents or communications, to any party who has filed electronically or has agreed to accept electronic documents from the Court by using the electronic address provided to the clerk. It is the responsibility of the filing or agreeing party to maintain an electronic mailbox sufficient to receive electronic transmissions of notices, orders, and other documents.
(4)
(A) Mandatory Electronic Filing. Unless otherwise
provided for in this rule or as authorized by the Court, attorneys shall
electronically file (e-file) all documents, including emergency pleadings, using
the Court’s e-filing application. Non-attorneys and pro se parties are permitted but
not required to e-file.
(i) Documents That Shall Not Be e-filed. The
following documents must be filed in paper form rather than e-filed:
(a) Documents submitted for in camera
review;
(b) Motions to Seal and all supporting documents pursuant to GR 15 or CrRLJ 3.1(f)(2). Motions to Seal previously filed documents may be e-filed;
(c)
Application for Court issued Writs of Garnishment;
(d) Applications for Writs of Attachment, Writs of Execution, or Replevin and
original supporting documents;
(e) Bonds in civil cases;
(f) Documents incapable of legible conversion to an electronic format by
scanning, imaging, or any other means;
(g) Documents from governments or other courts under official seal, except that
a copy may be e-filed as an exhibit to another document, such as a pleading, by
leave of the Court;
(h) Documents larger than permitted in the User Agreement;
(i) New cases or fee-based documents filed with a Motion and Order to
proceed in forma pauperis;
(j) New cases based upon the filing of a Foreign Judgment;
(k) Appeals. All initiating pleadings and filings requiring payment of a
fee to District or Superior Court (e.g., Notice of Appeal, Designation of
Record), or motions to proceed in forma pauperis. Subsequent
filings related to the appeal that do not require payment of a fee or if a
waiver of fees has previously been granted may be e-filed. Notices of
Appeal accompanied by motions to proceed in forma
pauperis, or motions to stay conditions of sentence or execution
of a judgment pending appeal may also be presented to the Court at the time of
the sentencing hearing or other hearing on the matter to be appealed;
(l) Proposed Findings of Fact, Conclusions of Law and Order Granting Deferred Prosecution;
(m)
Motions to waive mandatory e-filing requirement as provided in section
(iv); or
(n) Documents filed pursuant to a Court order requiring in-person paper filing.
(ii) Documents That May Be e-filed. The following documents
may be e-filed:
(a) Documents associated with a scheduled court hearing or scheduled
trial presented for filing during the course of the hearing or trial;
(b) Applications for emergency warrants;
(c) Answers to Writs of Garnishment;
(d) Motions to Vacate Convictions;
(e) Petitions for Protection Orders, Motions to Modify or
Terminate Protection Orders, and, sworn declarations;
(f) Motions requesting the authorization of interpreters;
(g) Subpoenas in criminal cases; or
(h) Motions for a finding of probable cause prior to a first appearance calendar or pursuant to a motion to issue an emergency warrant.
If filed
electronically, the filing party must retain the original document during the
pendency of any appeal and until at least sixty (60) days after completion of
the instant case, and shall present the original document to the Court if
requested to do so. This does not include documents that are or will be
submitted as an exhibit in a hearing or trial.
(iii) Working Copies. Judges’ working copies for
e-filed documents are not required, except that paper working copies of e-filed
documents of fifty (50) pages or more shall be delivered to the judge at least
five (5) court days prior to the hearing and paper working copies of Proposed
Jury Instructions on criminal cases shall be delivered to the judge the morning
of the first trial day.
(iv) Waiver of the Requirement to e-File for
Attorneys.
(a) If an attorney is unable to e-file documents, the attorney may
request a waiver from the Court. The attorney must make a showing of good cause
and explain why they are not able to e-file. The Court will make waiver
request forms available on the Court website. The Court will consider each
application and provide a written approval or denial to the attorney. Attorneys
who receive a waiver shall file a copy of the waiver in each case in which they
file documents. Attorneys who receive a waiver shall place the words
“Exempt from e-filing per waiver filed on (date)” in the caption of
all paper documents filed for the duration of the waiver.
(b)
Upon a showing of good cause, the Court may waive the requirement as to a
specific document or documents on a case by case basis.
(v) Non-Compliance with this Rule. Pursuant to KCC
4A.634.100A, the Court may assess a fee of twenty dollars to anyone who
files an electronic document that requires special handling because of errors,
failure to follow court rules or statutes or lack of completeness. If an
attorney files a document in paper form and does not have an approved waiver
from e-filing, the Court may assess a fee against the attorney pursuant KCC
4A.634.100B for each paper document filed.
(5) Electronically filed court records have the same force and effect and
are subject to the same right of public access as are documents that are not
e-filed.
(6) If a party serves another party electronically or via email, that
party must likewise accept service from the other parties electronically or via
email.
(c) Time of Filing, Confirmation, and Rejection.
(1)
(A) A party whose filing is untimely as the result of a technical
failure of the Court’s e-filing application may seek appropriate relief
from the Court. The Court shall consider its e-filing application to be subject
to a technical failure if the site is unable to accept filings, either
continuously or intermittently, for more than one hour after 10:00 a.m. on any
court day. Known systems outages will be posted on the Court website. Users are
responsible for monitoring the Court website to be aware of regularly scheduled
down time for maintenance.
(B) Problems on the filer’s end (such as phone line problems,
problems with the filer’s Internet Service Provider, or hardware or
software problems) will not constitute a technical failure under this rule, nor
excuse an untimely filing. A filer who cannot file a document electronically
because of a problem on the filer’s end should explore other e-filing
options. The filer’s login and password will work on any computer that has
internet access, e.g., at the library, home computer, or in commercial business
service centers.
(C) Filing a document electronically does not alter filing
deadlines. A filing received on a business day (Monday through Friday
excluding holidays or Court closures) between the hours of 8:30 a.m. and 4:30
p.m. will be filed on the business day they are filed. Filings submitted
after 4:30 p.m. will be filed on the next business day.
(2)
(A) In the
absence of the Court’s confirmation of receipt and filing, there is no
presumption that the Court received and filed the document. The filer is
responsible for verifying that the Court received and filed any document that
was submitted to the Court electronically using the Court’s e-filing
application.
(d) Authentication of Electronic Documents.
(1)
(C)
(i)
Filers agree to protect the security of their passwords and immediately notify
the Court if they learn that their password has been compromised. Filers may be
subject to sanctions for failure to comply with this provision.
(2)
(D)
(ii) In addition to the systems set forth in GR 30(d)(2)(D), law enforcement may electronically submit documents digitally signed using the following systems: The King County Electronic Log of Detective Investigations (eLODI); King County Booking and Referral System (BARS); The King County Sheriff’s Office Mark 43 System, or any other similar secure law enforcement agency’s system that requires use of a single user unique login and password that is associated with the active duty law enforcement officer. Unless the Court directly downloads from such system and thus is aware of its login procedures, digital signatures from any of the aforementioned systems will only be accepted where the signature block identifies that the document was signed using the law enforcement officer’s unique login and password. The signature block shall also identify the system that was used unless that information is evident from the document itself. In addition to law enforcement agency systems, the Court will also accept law enforcement digital signatures from systems that the Court directly downloads from including, but not limited to, American Traffic Solutions, Diamond Parking, FileZilla Verra Mobility, and Axsis.
(iii) In addition to the systems set forth in GR30(d)(2)(D), the Chief Presiding Judge has designated King County Electronic Log of Detective Investigations (eLODI); King County Sheriff’s Office Mark 43 System; King County Booking and Referral System (BARS); or any other similar secure law enforcement agency system including, but not limited to, American Traffic Solutions, Diamond Parking, FileZilla, Verra Mobility, and Axsis as local secured systems.
(3) An electronic document filed in accordance with this rule shall bind
the signer and function as the signer’s signature for any purpose,
including CRLJ 11.
(A) When a document has been filed electronically, the official
record is the electronic record of the document as stored by the Court, and the
filing party is bound by the document as filed.
[Adopted on an Emergency Basis, April 21, 2017; Adopted effective September 1, 2017; amended on an Emergency Basis effective July 19, 2019; amended on an Emergency Basis, effective May 1, 2021; amended effective September 1, 2021; amended on an Emergency Basis, effective October 21, 2022]
(1)
(D) Taxpayer Identification Number (TIN). If the Taxpayer Identification Number must be included in a document, only the last four characters of that number shall be used.
(E) Passport Number.
(F) Patient, Health care, or Health Insurance identifier. If the patient, health care, or health insurance identifier of the individual must be included in a document, only the last four characters of that number should be used.
[Adopted effective September 1, 2018.]
Local Infraction Rules
[Adopted effective January 1, 1991; amended effective September 1, 1993; amended on an Emergency Basis effective July 22, 2011; June 29, 2012. Amended effective September 1, 2012; September 1, 2020.]
(b) Waiver of Prehearing Conference. The prehearing conference may be waived by the defendant in writing if the waiver is received by the Court before the time set for the prehearing conference. If the prehearing conference is waived, the case will be set for contested hearing. The contested hearing shall be scheduled for not more than 90 days from the date of the prehearing conference or, if the prehearing conference is waived, from the date of the waiver of the prehearing conference is received by the Court.
(c) Subpoenas. Upon receipt of a request for the subpoena of a citing officer or other witness, the Court may reschedule the hearing.
[Original LIRLJ 2.6 was repealed effective June 26, 2004. Current LIRLJ 2.6 was adopted on an Emergency Basis effective June 24, 2005. Adopted effective September 1, 2005; amended effective September 1, 2020.]
The Court may accept electronically submitted statements or requests for deferred findings on the Court’s website. Written statement(s) or electronically transmitted statement(s) must be received by the Court no later than seven (7) calendar days before the scheduled hearing or the statement(s) will not be considered. Forms for written statements, and the link for electronically transmitted statement(s), can be found at https://www.kingcounty.gov/courts/district-court/citations-or-tickets.aspx
[Adopted effective September 1, 2001; amended on an Emergency Basis effective July 28, 2014; October 24, 2014. Amended effective September 1, 2019; September 1, 2020.]
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party from a final judgment, order, or proceeding for the following reasons:
(1) Mistakes, inadvertence, surprise, excusable neglect or irregularity in obtaining a judgment or order;
(2) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under the provisions of CrRLJ 7.5;
(3) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(4) The judgment is void; or
(5) Any other reason justifying relief from the operation of the judgment.
(c) Timing. The motion shall be made within a reasonable time and for reasons (1) and (2) not more than 1 year after the judgment, order, or proceeding was entered or taken. A motion under this section does not affect the finality of the judgment or suspend its operation.
(d) Procedure on Vacation of Judgment.
(1) Motion. Application shall be made by motion stating the grounds upon which relief is asked, and supported by affidavit or declaration of the applicant or applicant's attorney, setting forth a concise statement of the facts or errors upon which the motion is based.
(2) Consideration of Motion.
(i) The court may decide the motion without hearing based on section (b) (1) if the motion, affidavit or declaration, and court's records establish the moving party is entitled to the requested relief.
(ii) If a contested hearing on the merits was previously held, and the moving party is seeking to modify the finding, a show cause hearing with notice to the adverse party shall be scheduled.
(iii) The court may deny the motion without a hearing if the facts alleged in the affidavit or declaration do not establish grounds for relief.
(iv) The court may enter an order fixing a time and place for hearing and directing the adverse party to appear and show cause why the relief asked for should not be granted.
(3) Interim Relief. The court may enter an order recalling any notice to the Department of Licensing regarding the party's failure to appear or failure to respond to an infraction or referral to collections pending the outcome on the motion.
(4) Service. No later than 14 days before the scheduled show cause hearing, the moving party shall serve a copy of the motion, affidavit or declaration, and order to show cause upon the other party or the party's attorney, as provided in CrRLJ 8.4(b), and file proof of service with the court.
[Adopted effective Jan. 22, 2010.]
Local Judicial Information System Rules
[Adopted effective October 20, 2017.]
Due to the confidential nature of some Court information, authority over the dissemination of such information shall be exercised by the Court. This rule establishes the minimum criteria to be met by each information request before allowing dissemination.
(a) Application. This rule applies to all requests for computer-based court information submitted by an individual, as well as public and private associations and agencies.
(b) Excluded Information. Records sealed, exempted, or otherwise restricted by law or court rule may not be released except by court order.
(c) Data Dissemination Committee. (Reserved)
(d) Data Dissemination Policies and Procedures. The Court shall promulgate policies and procedures for handling applications for computer-based information.
(e) Information for Release of Data. Information which must be supplied by the requestor and upon which evaluation will be made includes:
(1) Identifying information concerning the applicant;
(2) Statement of the intended use and distribution; and
(3) Type of information needed.
(f) Criteria To Determine Release of Data. The criteria against which the applications are evaluated are as follows:
(1) Availability of data.
(2) Specificity of the request.
(3) Potential for infringement of personal privacy created by release of the information requested.
(4) Potential disruption to the internal, ongoing business of the courts.
(g) Costs. The requestor shall pay the costs adopted by the Court in accordance with section (d) for providing the requested information.
(h) Appeal. If a request is denied, the requestor may appeal the decision as provided in section (d).
[Adopted effective October 20, 2017; amended effective September 1, 2020.]
Local Rules on Small Claims
[Adopted effective September 1, 2020.]
(b) Plaintiff. When a plaintiff fails to appear at the time and place specified in the notice of claim issued pursuant to RCW 12.40.060, the plaintiff’s claim shall be dismissed without prejudice.
[Adopted effective September 1, 2020.]
The trial will not occur on the pre-trial hearing date.
If the plaintiff does not appear for the pre-trial hearing, the case may be dismissed.
If the defendant does not appear for the pre-trial hearing, a default judgment may be entered against him/her.
If the parties cannot resolve the dispute through mediation, the Court will set a trial date.
[Adopted effective September 1, 2020.]