Snohomish County District Court Local Rules

Snohomish County District Court — Local Court Rules

sha256 18fccf3626de62f409f77f657fd81698… · retrieved 7/17/2026, 2:27:34 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)

SCDC Local Rules - Page 1
Effective September 1, 2025
SNOHOMISH COUNTY DISTRICT COURT
LOCAL RULES
Administrative Rules
SCLARLJ 3 Definitions
SCLARLJ 5 Presiding Judge
SCLARLJ 5.2 Commissioner and Judges Pro Tempore
SCLARLJ 6 Recording of Proceedings
SCLARLJ 15 Appearance of Participants
General Rules
SCLGR 30 Electronic Filing and Service - Reserved
Civil Rules
SCLCRLJ 1 Presence of Hearing Participants
SCLCRLJ 3 Filing of Civil and Small Claims Cases
SCLCRLJ 26 Document Admissibility
SCLCRLJ 38 Jury Trial
Special Proceedings Rule
SCLSPR 1 Change of Name
Traffic Infractions Rules
SCLIRLJ 2.3 Filing
SCLIRLJ 3.1 Subpoenas
SCLIRLJ 3.5 Decision on Written Statements
SCLIRLJ 3.6 Presence of Hearing Participants
SCLIRLJ 6.6 Maintaining Certificates as Public Records
Criminal Rules
SCLCrRLJ 3.1 Certificates of Compliance for Indigent Defendants
SCLCrRLJ 3.2 Bail
SCLCrRLJ 3.3 Services Other than a Lawyer
SCLCrRLJ 3.4 Presence of Hearing Participants
SCLCrRLJ 3.5 Confession Procedure
SCLCrRLJ 3.7 Motions
SCLCrRLJ 5.1 Commencement of Actions
SCLCrRLJ 5.2 Transfer of Cases
SCLCrRLJ 6.1.1 Trial by Jury
SCLCrRLJ 7.1 Deferred Prosecution
SCLCrRLJ 8.2 Reconsideration

-- 1 of 13 --

SCDC Local Rules - Page 2
Effective September 1, 2025
ADMINISTRATIVE RULES
SCLARLJ 3 – Definitions.
(a) Name of Court. The Snohomish County District Court consists of four divisions and operates
in facilities in four electoral districts. Reference to a particular physical location shall specify
the electoral district that shall be known as a division of the Snohomish County District Court.
The current divisions are as follows:
(1) Cascade Division - 415 E. Burke Avenue, Arlington, WA 98223-1099
(2) Evergreen Division - 14414 179th Avenue SE, Monroe, WA 98272-0625
(3) Everett Division - 3000 Rockefeller Avenue, Everett, WA 98201-4060
(4) South Division - 20520 68th Avenue W., Lynnwood, WA 98036-7406
(b) "Judge" means a current appointed or elected Snohomish County District Court Judge.
(c) “Judicial Officer” means Judges as defined in SCLARLJ 3(b), Snohomish County District
Court Commissioners and Snohomish County District Court Judges Pro Tempore.
(d) “Physical Appearance” and “Physically Appear” means physically present in the courtroom.
(e) “Remote Appearance” and “Remotely Appear” mean present through remote technology
approved by the court. Participants are responsible for their own device and internet
connection. Failure to connect to the hearing at the scheduled start time or disconnecting prior
to the conclusion of the hearing may be considered a failure to appear.
(f) “Remote technology” means technology that permits all participants to see and hear each
other during the proceedings, speak as permitted by the judge, and allows confidential
communications between counsel and client. The remote connection shall be of sufficient
quality to ensure that participants are clearly visible, and the audio connection permits the
making of the official court record of the proceedings.
(g) “Participant” means any person appearing in a court proceeding and includes, but is not limited
to, (A) the plaintiff, defendant, petitioner or respondent; (B) counsel for the plaintiff, defendant,
petitioner or respondent; (C) witnesses; (D) interpreters; (E) jurors; and (F) court reporters for
depositions.
(h) ”Court proceeding” means all court hearings, depositions, and all other proceedings over which
the court exercises jurisdiction.
[Effective September 1, 2003; Amended September 1, 2019; Amended September 1, 2021;
Amended September 1, 2023]

-- 2 of 13 --

SCDC Local Rules - Page 3
Effective September 1, 2025
SCLARLJ 5 – Presiding Judge.
(a) Election and Term of Office. The Court shall be managed by the Presiding Judge or, in the
absence of the Presiding Judge, the Assistant Presiding Judge. The Presiding Judge and the
Assistant Presiding Judge shall be elected by a majority of the Judges prior to December 1st
in the year immediately occurring before the term of office. The term of office for the
Presiding Judge shall be two years. The Assistant Presiding Judge may serve a term less than
two years.
(b) Appeals.
(1) A decision of the Presiding Judge may be appealed to the Judges by any Judge.
(2) An affirmative vote by a majority of the Judges is required to reverse a decision of the
Presiding Judge.
(c) Meetings.
(1) Regular Meetings. Regular meetings of the Judges shall be held not less than every quarter.
These meetings shall be on such a day as may be designated by the Presiding Judge.
(2) Special Meetings. Special meetings of the Judges may be called at any time by the
Presiding Judge or by any four Judges acting jointly. Notice of any such meeting shall be
provided to each Judge at least 48 hours in advance by personal contact, electronically with
receipt verification, or in writing left at the Judge’s assigned division.
(3) Meeting Agendas. The Presiding Judge shall prepare the agenda for Judges’ meetings.
Any Judge may place any item of business on the agenda.
(4) Voting. At a Judge’s meeting, each Judge shall have the right to cast one vote on any issue
before the Judges.
(5) Quorum. A quorum for the conduct of business by the Judges shall be a majority of the
Judges.
(d) General Responsibilities. In order to assure the expeditious and efficient handling of all cases
and an equitable distribution of workload among the several divisions, the Presiding Judge
may, by written order, direct that cases be filed in different divisions than otherwise provided
in these rules. It is recommended, but not required, that the Presiding Judge consult with the
affected division Judges, affected law enforcement agencies, and other affected parties prior
to making such decisions.
[Effective September 1, 2003; Amended September 1, 2004; Amended September 1, 2019,
Amended September 1, 2020; Amended September 1, 2021; Amended September 1, 2023]

-- 3 of 13 --

SCDC Local Rules - Page 4
Effective September 1, 2025
SCLARLJ 5.2 - Commissioners and Judges Pro Tempore.
(a) Court Commissioners shall serve at the pleasure of the Judges and under the direction of the
Presiding Judge.
(b) Commissioners shall be compensated at a rate of pay established in the Court’s annual budget.
(c) Judges Pro Tempore shall be compensated in an amount that does not exceed the daily rate of
compensation earned by Commissioners.
(d) From time to time, the Presiding Judge may appoint Pro Tempore Commissioners as
authorized by County ordinance. Pro Tempore Commissioners shall be compensated at the
same rate as Judges Pro Tempore.
[Effective September 1, 2003; Amended September 1, 2019]
SCLARLJ 6 – Recording of Proceedings.
The recording or dissemination of the broadcast of any court proceedings through video
conferencing is not permitted without written permission of the judicial officer conducting the
hearing.
[Effective September 1, 2020]
SCLARLJ 15 – Appearance of Participants.
(a) All participants shall physically appear for court proceedings unless a statute, court rule, or
order of the court permits a remote appearance or appearance through counsel.
(b) Interpreters may appear remotely unless the participant needing interpreter services is required
to physically appear.
(c) Participants permitted to remotely appear or appear through counsel may be required to
physically appear for good cause shown.
(d) Participants required to physically appear may be permitted to remotely appear or appear
through counsel in the discretion of the court.
[ Effective September 1, 2023 ]
GENERAL RULES
SCLGR 30 - Electronic Filing and Service - Reserved

-- 4 of 13 --

SCDC Local Rules - Page 5
Effective September 1, 2025
CIVIL RULES
SCLCRLJ 1 – Appearance of Participants.
Participants may remotely appear for the following civil proceedings:
(1) Petition for a change of name.
(2) Small Claims mediation hearings.
(3) Civil motions without testimony.
[Effective September 1, 2020; Amended September 1, 2021; Amended September 1, 2022;
Amended September 1, 2023]
SCLCRLJ 3 – Filing of Civil and Small Claim Cases.
(a) Filing. RCW 3.66.040 governs the division into which civil and small claims cases are filed.
For purposes of this rule, reference to the ‘district’ in the statute shall mean the division of
Snohomish County District Court. The filing of a civil or small claims case in the improper
division does not create a jurisdictional defect and does not deprive the Court of jurisdiction
otherwise conferred by law.
(b) Impound Hearings. Impound Hearings shall be filed in the division where impound of the
vehicle occurred.
(c) Transfer of Civil and Small Claim Cases. A Judicial Officer may transfer non-jury civil or
small claims cases to a different division upon the court’s own motion or motion of any party
upon a finding of good cause. The Presiding Judge may enter a written order transferring a
civil jury case to a different division upon a finding of good cause.
(d) Protection Orders. These rules do not govern the filing of any petition for civil protection
orders. Such petitions may be filed in any division of the Snohomish County District Court.
[Effective September 1, 2003; Amended September 1, 2019; Amended September 1, 2020;
Amended September 2024]
SCLCRLJ 26 – Document Admissibility.
(a) Certain Documents Admissible. Subject to the requirements of ER 904, the following
documents are admissible in a civil case:
(1) The written statement of any 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.
[Effective September 1, 2012; Amended September 1, 2019; Amended September 1, 2020]

-- 5 of 13 --

SCDC Local Rules - Page 6
Effective September 1, 2025
SCLCRLJ 38 – Jury Trial
(a) Confirmation Required. Two Court days prior to the jury trial date, the party demanding a
jury trial shall email confirmation to DCJuryConfirmations@snoco.org between 8:30 AM and
4:30 PM and confirm that the case is going to proceed to jury trial. Confirmation must include
the name of the person confirming, the party they represent, the case number and the Division
where trial is calendared. Failure to confirm may result in a jury panel not being available.
(b) This procedure may be modified by written order entered in a particular case.
[Effective: September 1, 2018; Amended September 1, 2022]
SPECIAL PROCEEDINGS RULES
SCLSPRLJ 1 – Change of Name.
(a) Identification required. Applicants for a change of name pursuant to RCW 4.24.130 must
present valid photo identification at the time of application. Acceptable forms of identification
include a Washington State Driver’s License, Washington State ID Card, US Passport or US
Military ID. Other forms of valid photo identification may be accepted at the discretion of a
Judicial Officer.
(b) Change of Name for Minor Child.
(1) Birth Certificate. A certified copy of any minor applicant's birth certificate must be
presented to the clerk for verification, copying and filing with the application for name
change.
(2) Parental Consent. A minor child must be represented by a parent or legal guardian. In the
absence of consent from one of the biological or legal parents, the court may grant the
petition if such action would be in the best interests of the child and the non-consenting
parent has received notice of the hearing on the petition.
(3) Notice of Hearing. A parent or guardian who has not consented to a minor's change of
name and whose parental rights have not been previously terminated must be given actual
notice or notice by publication as provided in CRLJ 4. Petitioner shall file proof of service
of the Petition and hearing date on other parties at least ten (10) days prior to the hearing.
The notice requirement may be waived by a Judicial Officer upon a finding of good cause.
(4) Notice by Publication. A person petitioning to change the name of a minor child may move
the court for an order authorizing notice to a parent by publication. The requesting parent
must certify under penalty of perjury that the whereabouts of the other parent are unknown.
If authorized by the court, publication of a single notice in a newspaper of general
circulation in the county of the non-consenting parent's last known residence shall be
sufficient so long as the notice contains a hearing date, the name of the minor, the name

-- 6 of 13 --

SCDC Local Rules - Page 7
Effective September 1, 2025
the petitioner desires the child to assume, and sets forth the reasons for requesting the
change of name.
[Effective September 1, 2003; Amended September 1, 2019; Amended September 1, 2020;
Amended September 1, 2021]
INFRACTION RULES
SCLIRLJ 2.3 – Filing.
Infractions shall be filed in the division where the violation is alleged to have occurred.
[Effective September 1, 2003; Amended September 1, 2019; Amended September 1, 2024]
SCLIRLJ 3.1 – Subpoenas.
A subpoena for a witness in a traffic infraction case shall be issued on a form approved by the
court.
[Effective September 1, 2025]
SCLIRLJ 3.5 – Decisions on Written Statements.
(a) Decisions on written statements are authorized pursuant to IRLJ 3.5(a).
[Effective September 1, 2003; Amended September 1, 2020; Amended September 1, 2021;
Amended September 1, 2022]
SCLIRLJ 3.6 – Appearance of Participants.
(a) Participants may remotely appear for mitigation and contested infraction proceedings.
[Effective September 1, 2022, Amended September 1, 2023]
SCLIRLJ 6.6 - Maintaining Certificates as Public Records
Documents maintained as public records pursuant to IRLJ 6.6 may be filed and maintained
electronically in a format accessible by the public. Speed Measuring Device Certifications are
deemed filed with the court and maintained by the court as a public record pursuant to IRLJ 6.6(b)
at the time the document is added by the prosecutor’s office to a website that allows the documents
to be viewed by the public through a hyperlink on the court’s website. The Court’s website shall
include the electronic address for the public records and instructions for requesting printed copies.

-- 7 of 13 --

SCDC Local Rules - Page 8
Effective September 1, 2025
[Effective September 1, 2023; Amended September 1, 2024]
CRIMINAL RULES
SCLCrRLJ 3.1 – Certificates of Compliance for Indigent Defendants.
(a) Certificates of Compliance with the Standards for Indigent Defendants required by CrRLJ 3.1
shall be filed quarterly with the Snohomish County District Court Clerk's Office.
(b) All Notice of Appearance forms filed by counsel for indigent defendants shall indicate in a
separate paragraph whether a current CrRLJ 3.1 Certificate of Compliance with the Standards
for Indigent Defendants is on file with the Snohomish County District Court Clerk's Office.
[Effective September 1, 2018; Amended September 1, 2021]
SCLCrRLJ 3.2 – Bail.
(a) A person subject to custodial arrest for a misdemeanor or gross misdemeanor offense shall be
held in custody until they have posted bail according to the bail schedule set forth below or
appeared before a Judicial Officer.
(1) Except as provided in subsections (2) and (3) below, bail for a person arrested for a
misdemeanor offense shall be $500.00 and bail for a person arrested for a gross
misdemeanor offense shall be $1,000.00.
(2) Domestic Violence: A person arrested pursuant to RCW 10.31.100(2)(a) – (d) shall be held
in custody until release by a judicial officer on bail, personal recognizance, or court order.
(3) Driving Under the Influence or Physical Control: Bail for a person arrested for a violation
of RCW 46.61.502 or RCW 46.61.504, and where RCW 10.31.100(16)(a) is not applicable,
shall be $2,500.
(b) A person subject to custodial arrest for a felony offense shall be held in custody until they have
posted bail according to a bail schedule established by the Superior Court or appeared before
a Judicial Officer.
(c) Nothing in this rule shall limit the authority of a Judicial Officer to deviate from the bail
schedule.
[Readopted Effective September 1, 2008; Amended September 1, 2019; Amended September 1,
2020; Amended September 1, 2022]
SCLCrRLJ 3.3 – Services Other Than a Lawyer.

-- 8 of 13 --

SCDC Local Rules - Page 9
Effective September 1, 2025
Pursuant to CrRLJ 3.1(f)(2), all requests and approval for investigative, expert or other services
under CrRLJ 3.1(f) are hereby delegated to the Snohomish County Office of Public Defense
(OPD). Upon finding that investigative, expert, or other services are necessary to an adequate
defense and the defendant is financially unable to obtain them, the OPD shall authorize the
services. The OPD shall set both the hourly rate and total remuneration for such expert(s) or other
services based upon usual and customary rates in the community for such services at public
expense. Where, after review by the Director of the OPD, services are denied in whole or in part,
the defendant may move for de novo review before a Judicial Officer in the Division in which the
case is filed.
[Effective September 1, 2018; Amended September 1, 2019; Amended September 1, 2022]
SCLCrRLJ 3.4 – Appearance of the Defendant and Other Hearing Participants.
(a) Hearings Where Defendant Must Physically or Remotely Appear.
(1) Compliance hearings pursuant to RCW 10.21.055 and RCW 9.41.800. Compliance with
these statutes is a condition of release set by the Court and verification of timely
compliance with these statutes has public safety implications. A defendant failing to
comply with release conditions is subject to review and modification of release conditions
and subject to revocation of release on personal recognizance. Defendants have a due
process right to notice and a hearing before any revision of release conditions. CrRLJ
3.2(j). The Court cannot properly conduct a hearing pursuant to CrRLJ 3.2(j) unless the
defendant appears physically or remotely.
(2) Modification of Release Conditions Pursuant to CrRLJ 3.2(j). A defendant has a due
process right to be advised of the allegations of non-compliance with release conditions,
the right to a hearing regarding those allegations, and the right to present evidence and
testify on their own behalf. The Court cannot properly conduct a hearing pursuant to CrRLJ
3.2(j) unless the defendant appears physically or remotely.
(3) Trial Confirmation Hearings. The Court must manage the jury trial caseload and Trial
Confirmation calendars. Leaving continuances and confirmation of cases to the assigned
trial date would unreasonably congest the Trial Call calendar, preclude the Court from
determining the need for jurors, impede the timely commencement of trials for that term,
and prevent the Court from fulfilling the responsibility to protect the time for trial rights of
the parties.
(A) Continuances. Defendants represented by counsel may waive their presence at Trial
Confirmation, upon a form approved by the Court, if a continuance of the trial date is
requested by either party. Unrepresented defendants must physically appear at Trial
Confirmation if a continuance of the trial date is requested by either party. A
continuance is a critical stage of the proceedings, implicating constitutional and court

-- 9 of 13 --

SCDC Local Rules - Page 10
Effective September 1, 2025
rule rights, and the defendant has the right to appear. A motion to continue cannot be
heard in the absence of an unrepresented defendant.
(B) Trial Confirmation. Cases confirmed for the assigned trial date at Trial Confirmation
require the parties to submit a Trial Confirmation Order. The order affirms that
discovery has been completed, necessary pre-trial motions have been resolved, witness
interviews have been completed, the defendant confirms availability for the trial term,
and the matter is ready to proceed to trial. The Court cannot properly assess the
readiness of the parties to proceed to trial unless the defendant appears physically or
remotely.
(b) Hearings Where Defendant Must Physically Appear. Pursuant to CrRLJ 3.4(d), the Court
finds good cause to require the defendant to physically appear for the hearings set forth in
Section (b) of this rule. For all hearings listed in Section (b), deficiencies in technology
available to the Court and hearing participants, and not know to the Court until the time of the
hearing, result in actual prejudice to the defendant by interfering with access to counsel and
interfering with the ability to meaningfully participate in the hearing. Technology deficiencies
result in longer hearings and prevent the Court from completing the balance of the cases
assigned for that calendar. Technology limitations preclude the remote presentation of
evidentiary exhibits in a manner that permits the exhibits to be retained by the Court as required
as well as the exchange of any other necessary documents. Additional good cause findings
supporting the requirement to be physically present are set forth below.
(1) Hearings identified in CrRLJ 3.4(b).
(2) Evidentiary Motions. Pre-trial hearings to admit or exclude evidence require testimony.
Evidentiary motions are a critical stage of the proceedings, and the defendant has the right
to be present and may testify. The Court is often not aware whether the defendant will
testify at the hearing until the hearing has commenced. The Court cannot properly assess
witness testimony unless witnesses physically appear.
(3) Guilty Plea, Entry of Deferred Prosecution, or Entry of Stipulated Order of Continuance.
Entering a guilty plea, deferred prosecution, or stipulated order of continuance requires the
waiver of constitutional rights. The Court cannot properly assess whether that decision is
made knowingly, voluntarily, and intentionally unless the defendant physically appears.
(4) Probation Review Hearings. A defendant has the right to present evidence at a probation
review hearing. The Court is often not aware whether the defendant will testify at the
hearing until the hearing has commenced. The Court cannot properly assess witness
testimony unless witnesses physically appear.
(c) The defendant’s attorney may appear remotely unless the defendant is required to physically
appear.

-- 10 of 13 --

SCDC Local Rules - Page 11
Effective September 1, 2025
(d) The prosecutor shall physically appear for all appearances.
[Effective September 1, 2020; Amended September 1, 2021; Amended September 1, 2022;
Amended September 1, 2023]
SCLCrRLJ 3.5 – Confession Procedure
A hearing on the admissibility of statements pursuant to CrRLJ 3.5 shall be demanded by filing a
note for motion titled ‘Demand for CrRLJ 3.5 Hearing’ and calendaring a hearing pursuant to
SCLCrRLJ 3.7.
[Effective September 1, 2025]
SCLCrRLJ 3.7 – Pre-Trial Motions.
(a) Confirmation Required. Two court days prior to the calendared hearing date, the party
demanding a CrRLJ 3.5 hearing and the moving party for all motions filed pursuant to CrRLJ
3.6, SCLCrRLJ 3.7(b), CrRLJ 8.3 and any other motion to suppress evidence or motion to
dismiss, shall email confirmation to dcmotionconfirm@snoco.org between 8:30 AM and 4:30
PM, and confirm that the motion is going to proceed. Confirmation must include the name of
the person confirming, the party they represent, the case number, the Division where hearing
is calendared and whether the defendant is in custody. Failure to confirm may cause the case
to be stricken from the motion calendar.
(b) Pre-Trial Motions. Unless otherwise ordered by a Judicial Officer, motions pursuant to
CrRLJ 3.5 and CrRLJ 3.6 shall be heard not later than 1 week prior to the trial date.
(c) Timing. The filing, content and calendaring of motions is governed by CrRLJ rules 3.6, 8.1
and 8.2, except that any responsive pleadings must be filed and served not later than 12:00 pm
on the court day before the scheduled hearing.
[Effective January 30, 2019; Amended September 1, 2019; Amended September 1, 2021]
SCLCrRLJ 4.11 – Mental Health Screenings.
{Rescinded September 1, 2023]
SCLCrRLJ 5.1 – Commencement of Actions.
(a) Under Municipal Ordinances. Complaints for the violation of a municipal ordinance should
be heard in the division in which the municipality exists.

-- 11 of 13 --

SCDC Local Rules - Page 12
Effective September 1, 2025
(b) Under Other Laws. All criminal and criminal traffic actions should be filed in the division
where the violation is alleged to have occurred.
[Effective September 1, 2003]
SCLCrRLJ 5.2 – Transfer of Cases.
(a) A Judicial Officer may transfer criminal cases to another division upon the court’s own motion
or motion of any party upon a finding of good cause.
(b) A defendant on probation in more than one division may have their probation consolidated to
one division at the direction of a probation officer. Probation should consider where the
defendant resides, current probation staffing levels and probation caseloads in making any
consolidation decision.
[Effective September 1, 2003; Amended September 1, 2019]
SCLCrRLJ 6.1.1 – Trial By Jury.
(a) Confirmation Required. Two court days prior to the jury trial date, the defendant if appearing
pro se, or the defendant's attorney if represented by counsel, and the plaintiff shall email
confirmation to DCJuryConfirmations@snoco.org between 8:30 AM and 4:30 PM, and
confirm that the case is going to proceed to jury trial. Confirmation must include the name of
the person confirming, the party they represent, the case number, the Division where trial is
calendared and whether the defendant is in custody. Failure to confirm may result in a jury
panel not being available.
(b) Trial Briefs and Motions in Limine. All trial briefs and motions in limine shall be filed with
the Court and opposing party no later than noon the court day prior to the first day of the trial
term for which the case has been confirmed.
(c) Trial Confirmation Order. The parties shall complete and file a Trial Confirmation Order
at the Trial Confirmation Hearing. The form of the Order shall be approved by the Court.
[Effective: September 1, 2018; Amended September 1, 2019; Amended September 1, 2021]
SCLCrRLJ 7.1 – Deferred Prosecution, Petition, and Order.
(a) All petitions for Deferred Prosecution pursuant to Chapter 10.05 RCW shall include the
following requirements:
(1) The Petition, proposed Order and all documentation required by this rule shall be filed with
the Probation Department and the prosecuting authority no later than seven (7) days prior
to the proposed entry date.

-- 12 of 13 --

SCDC Local Rules - Page 13
Effective September 1, 2025
(2) The Petition and Order shall be submitted on forms approved for use by the Court.
(3) The Petitioner shall submit proof of completion of at least eighteen (18) hours of treatment
and proof of compliance with the recommended treatment program.
(4) The Petitioner shall submit proof of installation of an ignition interlock device if the
substance use disorder assessment includes a finding of alcohol dependency. A Petitioner
who will not be operating a motor vehicle may sign a declaration of non-driving and may
not operate any motor vehicle without an ignition interlock device.
(b) A Mental Health Deferred Prosecution shall include the following requirements:
(1) A minimum of two (2) years of mental health treatment with a Washington State licensed
mental health provider.
(2) Total abstinence from alcohol and all other non-prescribed mind-altering drug.
(3) Proof of a substance use disorder assessment from a Washington State licensed or certified
substance abuse treatment provider and compliance with the recommended course of
treatment unless waived by a Judicial Officer.
(c) A Domestic Violence Deferred Prosecution shall include the following requirements:
(1) A risk assessment finding of Level 3 or Level 4 pursuant to Chapter 388-60B WAC.
(2) Proof of a substance use disorder assessment from a Washington State licensed or certified
substance use disorder provider and compliance with the recommended course of
treatment unless waived by a Judicial Officer.
(3) Proof of compliance with any weapons surrender orders issued pursuant to RCW 9.41.800.
(4) Five years of probation supervision.
(5) No new criminal law violations during the probation period.
[Effective September 1, 2005; Amended September 1, 2019; Amended September 1, 2020]
SCLCrRLJ 8.2 – Reconsideration
Pursuant to CRLJ 59(e)(3), motions for reconsideration shall be submitted on briefs without oral
argument, unless otherwise determined by the judicial officer hearing the matter.
[Effective September 1, 2025]

-- 13 of 13 --

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.