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Clallam County District Court - 2 Local Rules
in reviewClallam County District Court - 2 — Local Court Rules
sha256 2a779c125cbc5ea5d99b5323ef08819b… · retrieved 7/17/2026, 2:27:02 PM · courts.wa.gov local-rules publication — the court's own book; GR 7(d): the clerk maintains the official set, the web copy is the judiciary's convenience publication · awaiting human verification flip (text is verbatim; the flip is the review gate)
Local Rules for Clallam County District Court II Table of Rules I. Introduction LARLJ 2 Scope of Rules and Adoption LARLJ 30 Electronic Filing and Service LARLJ 49 Use of Artificial Intelligence in Court Submissions II. Civil Proceedings LCRLJ 5 Service and Filing of Pleadings and Other Paper LCRLJ 38 Civil Jury Trial LCRLJ 40(1) Small Claims Mandatory Mediation LCRLJ 40(2) Continuance of Mediation or Small Claim Trial LCRLJ 51 Jury Instructions III. Criminal Proceedings LCrRLJ 3.2 Release of Accused LCrRLJ 3.3 Continuances LCrRLJ 8.4 Service, Filing, and Signing of Papers LCrRLJ 38 Criminal Jury Trial LCrRLJ 51 Jury Instructions IV. Infraction Rules LIRLJ 2.4 Response to Notice LIRLJ 3.1 Contested Hearings - Preliminary Proceedings LIRLJ 3.5 Decision on Written Statements LIRLJ 6.6 Speed Measuring Device; Design and Construction -- 1 of 12 -- 2 LARLJ 2 SCOPE OF RULES AND ADOPTION (a) Effect of Local Rules. These rules shall be known as the Local Rules for Clallam County District Court II. These rules are supplemental to the Rules for Courts of Limited Jurisdiction, as adopted or amended by the Supreme Court of the State of Washington, and shall not be construed in conflict with them. (b) Adoption and Amendment. These rules are adopted pursuant to GR 7, CRLJ 83 and CrRLJ 1.7 and may be amended in the discretion of the District Court II Judge. (c) Prior Rules Repealed. All prior rules of Clallam County District Court II are repealed upon adoption of these rules. [Adopted effective September 1, 2002.] LARLJ 30 ELECTRONIC FILING AND SERVICE (a) Mandatory Electronic Filing. Effective September 1, 2025, attorneys shall electronically file (eFile) all documents using the court’s designated eFiling service, eFile & Serve, unless this rule provides otherwise. Non-attorneys or pro se parties are not required to eFile, but are encouraged to do so. (b) Documents That Shall Not Be e-Filed. The following documents may not be eFiled: (1) A criminal case initiation document (e.g., complaint, citation, or notice of infraction) that is not submitted through a statewide AOC approved electronic filing system per GR 30(d)(2)(D)(ii); (2) A document that is required by law to be filed in non-electronic format, for example, original wills, certified records of proceedings for purposes of appeal, negotiable instruments, and documents of foreign governments under official seal; (3) Documents incapable of legible conversion to an electronic format by scanning, imaging, or any other means; (4) Documents larger than permitted in the User Agreement. (c) Working Copies. Attorneys and other eFilers are not required to provide duplicate paper pleadings as “working copies” for judicial officers. (d) Waiver of the Requirement to eFile for attorneys. -- 2 of 12 -- 3 (1) If an attorney is unable to eFile documents, the attorney may request a waiver from the court. The attorney must make a showing of good cause and explain why paper document(s) must be filed in that particular case. 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 eFiling per waiver filed on (date)” in the caption of all paper documents filed for the duration of the waiver. (2) 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. (e) Non-Compliance with this Rule. 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 for each paper document filed. (f) Electronic Service. If a party serves another party electronically or via email, that party must likewise accept service from the other parties electronically or via email. [Adopted effective September 1, 2025.] LARLJ 49 USE OF ARTIFICIAL INTELLIGENCE IN COURT SUBMISSIONS (a) Purpose and Scope. This rule is established to govern the use of artificial intelligence (AI) technologies by attorneys and/or parties in the preparation and submission of materials to Clallam County District Court II. It aims to ensure the ethical use of AI and maintain the integrity of evidence. (b) Definitions. (1) Artificial Intelligence (AI): Any technology that uses machine learning, natural language processing, or any other computational mechanism to simulate human intelligence, including document generation, evidence creation or analysis, and legal research. (2) AI-Assisted Material: Any document or evidence prepared with the assistance of AI technologies. (c) Disclosure of AI Assistance. Attorneys and/or parties must disclose the use of AI-assisted technology in the creation or editing of any document or evidence submitted to the court. Such disclosure should include a general description of the AI technology used and its role in the preparation of the materials. The disclosure must be made at the time of submission through a certification attached to the document or evidence, indicating the type of AI used and certifying the attorney's final review and approval of the AI-assisted material. -- 3 of 12 -- 4 (d) Responsibility and Review. Attorneys and/or parties remain ultimately responsible for the accuracy, relevance, and appropriateness of AI-assisted materials submitted to the court. Attorneys and/or parties must thoroughly review all AI-assisted materials to ensure they meet all legal and ethical standards. Use of AI does not absolve attorneys from their duty of competence, diligence, and supervision as required under the Washington Rules of Professional Conduct. (e) Sanctions. Violations of this rule may subject an attorney and/or party to sanctions, including but not limited to, CrRLJ 4.7(g)(7). [Adopted effective September 1, 2025.] -- 4 of 12 -- 5 LCRLJ 5 SERVICE AND FILING OF PLEADINGS AND OTHER PAPER (a) Filing by Facsimile or Email. The court accepts documents filed by facsimile or email (PDF format preferred), subject to the provisions of GR 17. A document properly filed by facsimile or email shall constitute an original for all purposes. [Adopted effective September 1, 2011.] LCRLJ 38 CIVIL JURY TRIAL (a) Demand. The request for jury trial in civil cases shall be made by filing a demand with the clerk and paying the jury fee not later than seven days from the date of the trial setting notice issued from the court. Failure to comply with this rule is a waiver of the right to a jury trial. (b) Imposition of Costs. The court shall be notified immediately if a case scheduled for jury trial is settled or will not be tried by the jury for any reason. An assessment for jury costs may be imposed if the parties fail to notify the court at least 24 hours before the trial is scheduled to begin. [Adopted effective September 1, 2002.] LCRLJ 40 (1) SMALL CLAIMS MANDATORY MEDIATION (a) Mediation Conference. A Mediation Conference is mandatory before trial. The court will set a Mediation Conference date at the time of filing an answer to the Complaint. Both parties must attend the Mediation Conference. If the plaintiff fails to appear, a dismissal may be entered. If the defendant fails to appear, their answer, if one was filed, may be stricken and a default judgment entered. Parties must bring their evidence to the mediation, however, no witnesses are allowed. The purpose of mediation is to settle the case if possible; if no settlement is made at mediation, the case will proceed to trial. Lawyers and paralegals may not represent the parties at mediation or in Small Claims Court. (b) Exemption from Mediation. The parties may request exemption from mandatory Mediation Conference by filing an affidavit within 14 days of receipt of the notice of the mandatory mediation conference, wherein the parties state they have attempted to settle all issues in dispute by participating in formal mediation or arbitration prior to filing the case. If the parties have already submitted the case to another type of mediation or arbitration service, the case may proceed directly to trial at the discretion of the court. The parties shall file with the court notice from the prior mediation/arbitration agency showing such prior attempt to settle. -- 5 of 12 -- 6 (c) Completing Mediation. Any case assigned to mediation must be completed within 90 days of assignment, unless otherwise ordered by the court. (1) In all cases assigned to mediation in which a settlement is reached, the parties shall report such settlement to the mediator and the mediator shall file written notice of such settlement with the court. (2) The results of mediation shall be reported to the court as either "settled" or "not settled". (3) If a case is reported as "settled", the terms of the agreement, including a date of final compliance, shall be signed in writing by the parties and filed by the mediator with the clerk of the court within 10 judicial days. (i) The mediator shall provide the creditor with a form to report compliance or non-compliance with the terms of the settlement agreement. (ii) Should the creditor fail to file a report of compliance or non-compliance within 30 days after the final date for compliance, or reports the terms of the settlement have been met, the court may dismiss the case. (iii) Upon notice by a creditor of non-compliance with the terms of the settlement agreement, the clerk of the court shall refer the case to a judge for disposition. (4) If the parties are not able to settle a mediated case, the case will be set for trial. [Adopted on an emergency basis effective March 10, 2014; June 2, 2014; adopted on a permanent basis effective September 2, 2014.] LCRLJ 40 (2) CONTINUANCE OF MEDIATION OR SMALL CLAIM TRIAL The party requesting a continuance must contact the other party who must also agree to the continuance in writing. If one party will not agree to the continuance, the party seeking the continuance must make a written motion for continuance and set a hearing date prior to the scheduled mediation or trial date. The motion and notice of hearing must be served on the opposing party not less than five days prior to the date set for the motion to continue. At the hearing, the Judge will make a ruling whether the matter will be continued. If there are less than five days prior to the mediation or trial date to serve the opposing party, the party requesting the continuance may contact the Court to explain the circumstances which -- 6 of 12 -- 7 require the mediation or trial to be continued. The matter may be continued by the Court upon showing of good cause. [Adopted on an emergency basis effective March 10, 2014; June 2, 2014; adopted on a permanent basis effective September 2, 2014.] LCRLJ 51 JURY INSTRUCTIONS (a) Assembling and Distribution. Proposed jury instructions shall be assembled and distributed as follows: (1) One copy (including cover page) to judge to be unnumbered, paper clipped (not stapled) and without citations; (2) One copy with supporting citations, numbered and stapled, to each of the following: Clerk, for court file Judge, for work copy Counsel for each opposing party (b) Citations. Washington Pattern Jury Instructions are to be cited. On the copies of proposed jury instructions delivered to the judge, clerk and opposing counsel, pattern instructions shall be identified by WPI number. If a pattern instruction is changed or modified in any way, the citation shall include the word “modified.” [Adopted effective September 1, 2002.] -- 7 of 12 -- 8 LCrRLJ 3.2 RELEASE OF ACCUSED (a) Uniform Bail Schedule. The District Court shall follow the bail schedule set forth in CrRLJ 3.2(o). (b) Release of Intoxicated Persons. No person issued a citation and/or arrested for the crime of Driving While Intoxicated or Being in Physical Control of a Motor Vehicle While Intoxicated shall be released on bail prior to appearance in court unless: (1) The person has no known prior alcohol or drug related driving offenses; and (2) The person has been under the observation of the jail staff and provides a Portable Breath Test (PBT) that results at .000. Person under the age of eighteen shall only be released to a parent, legal guardian, or the department of social and health services. If the defendant cannot meet the criteria, he/she shall be held until the next arraignment calendar when the Court will address bail. (c) Domestic Violence Offenses. (1) No person issued a citation and/or arrested for a domestic violence offense shall be released on bail prior to appearance in court. At the time a person is booked into jail for a domestic violence offense, a Pre-Arraignment Domestic Violence No Contact Order prohibiting any contact with the protected person, including contact through third parties, shall issue. This order shall terminate at initial appearance or within 72 hours of issuance, whichever is sooner. (d) Return of Cash Bail. The court may apply cash bail posted in the defendant’s name to pay the defendant’s fines, penalties, and costs on the present case or on any past due obligations to the court. [Adopted effective September 1, 2025.] LCrRLJ 3.3 CONTINUANCES (a) Continuances may be granted: (1) Upon written agreement of all parties which must be authorized by the defendant(s). Agreements lacking evidence of approval of all parties will not be considered by the court. The agreement must set forth the basis for the continuance and include a proposed order of continuance. The agreement is not effective unless approved by the court. -- 8 of 12 -- 9 (2) By motion, if such motion complies with relevant rules for motions, including CrRLJ 3.3(h)(2). (3) Only if the continuance is to a date within the speedy trial requirements of CrRLJ 3.3 or the defendant executes a waiver of speedy trial. [Adopted effective September 1, 2002.] LCrRLJ 8.4 SERVICE, FILING, AND SIGNING OF PAPERS (e) Filing by Facsimile or Email. The court accepts documents filed by facsimile or email (PDF format preferred), subject to the provisions of GR 17. A document properly filed by facsimile or email shall constitute an original for all purposes. [Adopted effective September 1, 2011.] LCrRLJ 38 CRIMINAL JURY TRIAL (a) Imposition of Costs. The court shall be notified immediately if a case scheduled for jury trial is settled or will not be tried by the jury for any reason. An assessment for jury costs may be imposed if the parties fail to notify the court at least 24 hours before the trial is scheduled to begin. [Adopted effective September 1, 2002.] LCrRLJ 51 JURY INSTRUCTIONS (a) Assembling and Distribution. Proposed jury instructions shall be assembled and distributed as follows: (1) One copy (including cover page) to judge to be unnumbered, paper clipped (not stapled) and without citations; (2) One copy with supporting citations, numbered and stapled, to each of the following: Clerk, for court file Judge, for work copy -- 9 of 12 -- 10 Counsel for each opposing party (b) Citations. Washington Pattern Jury Instructions are to be cited. On the copies of proposed jury instructions delivered to the judge, clerk and opposing counsel, pattern instructions shall be identified by WPI number. If a pattern instruction is changed or modified in any way, the citation shall include the word “modified.” [Adopted effective September 1, 2002.] -- 10 of 12 -- 11 LIRLJ 2.4 RESPONSE TO NOTICE (a) Method of Response. A person may respond to a notice of infraction in person or by mail. A response by mail must be postmarked no later than midnight of the day the response is due. Written instructions about infraction hearing procedures will be provided to anyone timely responding to an infraction. The written instructions explain the procedures for mitigating or contesting infractions in person; by mail; or online, using the court's website. [Adopted effective September 1, 2011.] LIRLJ 3.1 CONTESTED HEARINGS – PRELIMINARY PROCEEDINGS (a) Timeliness of Requests for Subpoenas. If a request for a subpoena pursuant to IRLJ 3.1 is made 14 days or less before a scheduled hearing, the court may deny the request or condition the issuance of the subpoena on a continuance of the hearing date. (b) Speed Measuring Device Expert. Defense requests for a Speed Measuring Device Expert must be made to the appropriate prosecuting attorney’s office no less than 30 days before a contested hearing. (c) Costs and Witness Fees. Each party is responsible for costs incurred by that party, including witness fees. In cases where a party requests a witness to be subpoenaed, the party requesting the witness shall pay the witness fees and mileage expenses due that witness. [Adopted effective September 1, 2002.] LIRLJ 3.5 DECISION ON WRITTEN STATEMENTS The procedure authorized in IRLJ 3.5 is adopted by this court. [Adopted effective September 1, 2002.] LIRLJ 6.6 SPEED MEASURING DEVICE; DESIGN AND CONSTRUCTION (d) Maintaining Certificates as Public Records. IRLJ 6.6 certificates are maintained as public records by the Washington State Patrol and are available on the WSP website: -- 11 of 12 -- 12 http://www.wsp.wa.gov. The court is entitled to take judicial notice of certificates available online at the WSP website. The court will not maintain separate records of such certificates. Evidence will not be suppressed merely because a certificate is available online, as opposed to being provided by the prosecuting authority. Evidence shall be suppressed if the certificate is insufficient. [Adopted effective September 1, 2011.] -- 12 of 12 --
Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.