Whatcom County District Court Local Rules

Whatcom County District Court — Local Court Rules

sha256 66601d81997e650e9c5fedfd3ed93a74… · retrieved 7/17/2026, 2:27:40 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)

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WHATCOM COUNTY DISTRICT COURT
LOCAL COURT RULES
WCDCLCR 1-Scope of Rules
1(a) Authorization and Adoption. These rules are authorized by GR 7, CRLJ 83, CrRLJ
1.7 and IRLJ 1.3. They may be amended at the discretion of the Whatcom County District
Court. Any of these rules may be suspended or modified, upon good cause shown, and by
written stipulation of the parties approved by the Court, or by the Court upon its own
motion.
1(b) Citation. These rules shall be known as Whatcom County District Court Local Court
Rules (WCDCLCR). The provisions of these rules are supplemental to the rules adopted
by the Supreme Court of the State of Washington for courts of limited jurisdiction available
at https://www.courts.wa.gov/court_rules/?fa=court_rules.state&group=clj and shall not
be construed in conflict with them.
1(c) Effective Date. Pursuant to GR 7, these local rules are effective September 1, 2023
and either amend or supersede all prior local rules of the court.
[Adopted June 30, 2023, effective September 1, 2023, amended June 30, 2024]
WCDCLCR 2-Definitions
2 (a) “Judicial Officer” means Whatcom County District Court Judge, Whatcom County
District Court Commissioner, and Whatcom County District Court Judge Pro Tempore.
2(b) “Court Participant” means an attorney, litigant, plaintiff, defendant, witness,
interpreter, petitioner, respondent, and any person associated with a court proceeding.
[Adopted June 30, 2023, effective September 1, 2023]
WCDCLCR 3-Courtroom Photography and Recording of Proceedings
3(a) Video and Audio Recording. In accordance with GR 16, video and audio recording
and still photography by the news media are allowed in the courtroom during and between
sessions, provided that permission shall have first been expressly granted by the judicial
officer and media personnel do not, by their appearance or conduct, distract participants in
the proceedings or otherwise adversely affect the dignity and fairness of the proceedings.
3(b) Dissemination. The recording or dissemination of the broadcast of any court
proceedings through audio and/or video conferencing is not permitted without written
permission of the judicial officer conducting the hearing.

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3(c) Name Change. Still photography during Name Change proceedings is allowed upon
request of the petitioner and with permission of the judicial officer. Advance written notice
is not required.
[Adopted June 30, 2023. Effective September 1, 2023]

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WHATCOM COUNTY DISTRICT COURT
LOCAL COURT RULES-CIVIL
WCDCCvlCR 1-Authorization
1(a) Authorization. These rules are authorized by GR 7, CRLJ 83, CrRLJ 1.7 and IRLJ
1.3 and are to be known as Whatcom County District Court Civil Court Rules and cited as
WCDCCvlCR.
[Originally adopted May 24, 2021, effective September 1, 2021, amended and adopted June 30,
2023, effective September 1, 2023.]
WCDCCvlCR 2-Pre-Trial Appearances, Motions, Civil Protection Order Proceedings,
Small Claims, And Traffic Infractions.
2(a) Remote Appearance. Court participants who are not required to appear in person
may appear remotely, and those who appear remotely should follow the procedures
posted on the Whatcom County District Court Webpage and choose the District Court
Calendar/Remote Hearing link.
2(b) Filing- Court Clerk. All civil motions and supportive documents shall be filed with
the court clerk in accordance with Civil Rules for Courts of Limited Jurisdiction.
(https://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=clj&set=CRLJ)
Such documents shall be served upon opposing counsel, or the opposing party if such
party is unrepresented. The pleadings shall be filed with a separate “Note for
Calendar/Docket,” which shall contain a statement of purpose for the hearing and set the
date and time to be heard. This form is located on the Whatcom County District Court
Webpage, under “Forms.”
2(c) Filing- Electronic Filing. Motions may also be filed electronically with the same
filing deadlines as 2(b) using the Civil Department Email address at
DC_Civil@co.whatcom.wa.us – also provided on the Whatcom County District Court
website. All electronic filing attachments and documents must be submitted in a format
that cannot be modified. The court cannot accept CDs or DVDs, nor can the court accept
videos embedded in email filings. The only external storage device the court will accept
is a USB storage device.
2(d) Available Forms. The Court shall post available forms for use in Whatcom County
District Court on the Whatcom County District Court Webpage -“Forms.” Additionally,
all parties are encouraged to use the forms approved by Administrative Office of the
Courts which are available on the Washington Courts webpage under “Forms.”
[Adopted June 30, 2023, effective September 1, 2023. Sections 2(b)Amended, May 15, 2024,
Effective September 1, 2024]

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WCDCvlCR 3-Trials
3(a) Taking of Trial Testimony: Virtual and Telephonic Proceedings. Any party
seeking to appear before or present testimony to the court for trial, via virtual platform or
telephonic means, must contact the court clerk at least ten (10) business days before the
hearing to obtain permission for such appearance from the judicial officer presiding and
make necessary conferencing arrangements, including providing the court with a working
telephone number and/or email address as required to facilitate the conference, and to
coordinate appropriate arrangements for such appearance. The ten (10) day notification
period can be waived by the court or the presiding judicial officer for good cause.
3(b) Evidence, Photographs, Exhibits for Trial. Upon approval of video or telephonic
participation per WCDCCvlCR 3(a) any video, photography, other documents, or any
exhibits, must be submitted to the court no less than five (5) business days prior to the
hearing date. All electronic exhibits must be submitted only on a USB storage device with
a declaration that the same was served upon the other party. The court cannot accept CDs,
DVDs, or videos embedded in email.
[Originally Adopted May 24, 2021, effective September 1, 2021, amended and adopted June 30,
2023, effective September 1. 2023. Section 3(b) Amended, May 15, 2024, Effective September
1, 2024]

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WHATCOM COUNTY DISTRICT COURT
LOCAL COURT RULES-INFRACTIONS
WCDCIRLJ 1-Adoption and Citation
1(a) Adoption and Citation. These Rules are adopted pursuant to GR 7 and IRLJ 1.3, and
are known as Whatcom County District Court Local Court Rules- Infractions and are to be
cited as WCDCIRLJ.
[Adopted May 24, 2021, effective September 1, 2021, amended and adopted June 30, 2023,
effective September 1, 2023.]
WCDCIRLJ 2-Procedures at Hearings
2(a) Adoption. The procedures codified in RCW 46.63 and those authorized in IRLJ 2.6(c)
are adopted by this court. A defendant can make payments on infractions, request a
payment plan, request a contested hearing, or request a deferred finding, or request a
mitigation hearing by visiting the Whatcom County District Court Webpage, and choosing
the Tickets/Payments link.
2(b) Decisions on Written Statements-Mitigation. The procedure authorized in IRLJ
3.5(a)(2)and (3), and (4) – Mitigation Hearings is adopted by this court. Mitigation
decisions on written and/or e-mail statements are authorized as permitted by IRLJ 3.5(a),
and scheduled pursuant to IRLJ 2.6, and no appeal from such decision is permitted.
2(c) Telephonic or Video Conference Mitigation Hearings. Whatcom County District
Court authorizes the use of telephonic, virtual platform video conference hearings pursuant
to IRLJ 3.5(b) as previously adopted, in current use, or hereafter amended. The party
seeking a telephonic (non-virtual) appearance must contact the court clerk least three (3)
business days before the hearing to make necessary telephone conferencing arrangements,
including providing the court with a working telephone number and/or email address as
required to facilitate the conference and coordinate appropriate arrangements for such
appearance. The three (3) day notification period can be waived by the presiding judicial
officer for good cause.
[Infraction rules number 2, originally Adopted May 24, 2021, effective September 1, 2021, as:
WDIR-1.1-Adoption and Citation; 2-Preliminary Proceedings; 2.6 Scheduling Of Hearings; 3-
Procedures at Hearings; 3.5 Local Rule Options Re: Decisions on Written Statements, and
Telephonic or Video Conference Mitigation hearings, are repealed and or amended as
WCDCIRLJ, and renumbered, and adopted June 30, 2023, effective September 1, 2023]

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WCDCIRLJ 3-Procedures For “Failure to Respond” or “Failure to Appear”
3(a) Contested. When a defendant, against whom a judgment for a traffic infraction has
been entered as a result of the defendant’s “Failure To Respond” to a notice of traffic
infraction or as a result of the defendant’s “Failure To Appear” at a contested hearing, the
court shall find the matter committed and enter an appropriate order assessing the monetary
penalty authorized, and any other penalty authorized.
If the court determines that the infraction has been committed, it may assess a monetary
penalty against the defendant. When requested, the court shall set a payment plan for fine
repayment pursuant to RCW 46.63 and prior to entering a payment plan the court shall
review the defendant’s ability to pay. Any payment plan entered into may be assessed an
administrative fee which shall not exceed $10 per infraction, or $25 per payment plan,
whichever is lower.
3(b) Mitigation. When a defendant fails to appear at a mitigation hearing, the court shall
find the matter committed, and enter an appropriate order assessing the monetary penalty
authorized by statute.
If the court determines that reduction of the monetary penalty is justified, the court shall
enter an order finding the infraction committed, may assess a monetary penalty against the
defendant. When requested, the court shall set a payment plan for fine repayment pursuant
to RCW 46.63 and prior to entering a payment plan the court shall review the defendant’s
ability to pay. Any payment plan entered into may be assessed an administrative fee which
shall not exceed $10 per infraction, or $25 per payment plan, whichever is lower.
[Adopted June 30, 2023; effective September 1, 2023. Section 3(a) and (b) Amended, May 15,
2024, Effective September 1, 2024]
WCDCIRLJ 4-Relief from Judgment or Motion for Vacation of Judgment
4(a) Relief. A defendant, against whom a judgment for a traffic infraction has been entered
as a result of the defendant’s “Failure To Respond” or “Failure To Appear” for contested
infraction, may file a motion requesting that said judgment be set aside. The motion will
then be presented to a judicial officer, ex parte, for determination. The motion will be
evaluated in conformity with CRLJ 60(b). If upon review, the court determines a hearing
should be granted the matter shall be set for hearing and a notice will be sent to the
defendant.
[Adopted June 30, 2023; effective September 1, 2023.]

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WHATCOM COUNTY DISTRICT COURT LOCAL COURT RULES –
CRIMINAL MOTIONS, PRETRIAL AND TRIAL PROCEDURES
WCDCCrR 1-Adoption and Citation
1(a) Adoption and Citation. These Rules are adopted pursuant to GR 7 and CrRLJ 1.7,
and are to be known as Whatcom County District Court Local Rules – Criminal Rules, and
cited as WCDCCrR.
1(b) Applicability. Any of these Rules may be suspended or modified, upon good cause
shown, by written stipulation of the parties approved by the court, or by the court upon its
own motion.
[Formerly WDCrRLJ 1, adopted effective September 1, 2003; Amended effective September 1,
2008; Renumbered WDCrR 1, amended effective September 1, 2019; Amended August 21,
2020, effective September 1, 2021; Amended May 24, 2021, effective September 1, 2021,
amended to WCDCCrR, and adopted June 30, 2023, effective September 1, 2023.]
WCDCCrR 2-Pretrial Conference Hearing
2(a) Pretrial Conference Hearing. The procedure previously codified under previous
rule WDCrR 2, et seq,- Omnibus is now Pretrial Conference Hearing, and Procedures
therein set forth under this rule WCDCCrR.
[Formerly WDCrRLJ 2, adopted effective September 1, 2003; Amended effective September 1,
2008; Renumbered WDCrR 2, amended effective September 1, 2019; Amended May 24, 2021,
effective September 1, 2021, amended and adopted June 30, 2023, effective 2023.]
2(b) Procedures. At or about the time of arraignment, all criminal cases shall be scheduled
for a pretrial conference hearing and trial date. Pretrial conference hearings are held both
Monday and Tuesday at 900 AM. Trial dates shall be set three (3) weeks from the pretrial
conference hearing date, but may be set longer or shorter depending on the particular
circumstances of the case or by agreement of the parties. If a case is confirmed for trial at
the pretrial conference hearing, the court will set a trial status hearing on the motion
calendar immediately preceding the trial date. The purpose of the trial status hearing is to
confirm the parties are ready for trial on the assigned trial date.
2(c) Purpose. The purpose of the pretrial conference hearing is to consider unresolved
issues including but not limited to discovery, witness lists, length of trial, etc. Cases not
ready for trial shall be continued and both a new pretrial conference hearing and trial date
shall be assigned. Defendants may also enter a change of plea on this calendar.

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2(d) Motions to Continue Form. Parties moving to continue a case should use the form
titled “Motion to Continue and Order on Motion.” The form can be found on the Whatcom
County District Court website. https://www.whatcomcounty.us/420/District-Court
2(e) Pretrial Conference Hearing- Presence Excused. The physical appearance of the
defendant and defense counsel are waived at the pretrial conference hearing if a Motion to
Continue and Order on Motion is filed and 1) fewer than six months have elapsed since
arraignment, 2) State does not object, 3) defendant does not have any outstanding warrants
in Washington State or pretrial violations, and 4) the motion contains either the defendant’s
signature or defense counsel’s affirmation that they have consulted with the defendant
since the last appearance and that the defendant waives the right to be present at the hearing.
2(f) Motions to Continue Pretrial Conference Hearing with Interpreters. In any case
where interpreters are scheduled to appear, the presence of Defense counsel is not excused,
by compliance with WCDCCrR 2(e) unless the moving party notifies the court via email
at districtcourtservices@co.whatcom.wa.us to advise the court that interpreter services will
not be required. This notice must be given at least two (2) business days prior to the hearing
sought to be continued by agreed order. Failure to follow this procedure will require
Defense counsel presence and may result in sanctions, costs, or both to the moving party.
[Formerly WDCrRLJ 2, adopted effective September 1, 2003; Amended effective September 1,
2008; Renumbered WDCrR 2, amended effective September 1, 2019; Amended May 24, 2021,
effective September 1, 2021, amended, and adopted June 30, 2023, effective September 1, 2023.]
WDCCrR 3-Trial
3(a) Trial Status Hearing and Priority. If a case is confirmed for trial at the pretrial
conference hearing, the court will set a trial status hearing on the motion calendar
immediately preceding the trial date. Trial status hearings may also be special set at the
discretion of the judicial officer. All cases that have been confirmed for trial will be ranked
in priority by the court. The court clerk shall publish the priority list via email to all parties,
as well as post it in the Whatcom County District Court Clerk’s office. At the trial status
hearing, the highest priority case ready for trial shall be set for the following week. Cases
that do not proceed to trial shall be discussed on the record and reset.
3(b) Motions in Limine. Motions in limine may be submitted by either party. Motions in
limine, if filed, shall be filed either before or at the trial status hearing immediately prior
to the trial, or by another deadline with leave of the court. Motions in limine will be argued
the morning of trial at a time to be determined at the discretion of the trial judicial officer.
The filing party shall file a bench/working copy with the physical original. Additionally,
all parties are encouraged to submit another bench copy electronically via the court clerk.
Motions in limine shall contain spaces for the judicial officer’s ruling substantially in the
form of GRANTED, DENIED or RESERVED for each motion presented. The motions
shall contain a date and signature bar for the judicial signature at the end of the document.

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The setting of and ruling on motions in limine remain within the sound discretion of the
trial judicial officer. Failure to file motions in limine, prior to, or at the required time, is
not grounds for a trial continuance for a particular case. Failure to file motions in limine
pursuant to this rule may waive being heard prior to the start of the trial and may require a
motion to be brought during trial.
3(c) Trial Briefs. If submitted, trial briefs should be filed by no later than 400 PM on the
Friday before trial. Parties are encouraged to submit bench copies electronically for the
assigned judicial officer through the court clerk.
[Formerly WDCrRLJ 2, adopted effective September 1, 2003; Amended effective September 1,
2008; Renumbered WDCrR 2, amended effective September 1, 2019; Amended and adopted
June 30, 2023 effective September 1, 2023. Section 3(c) Amended, May 15, 2024, Effective
September 1, 2024]
3(d) Jury Instructions. Proposed jury instructions and verdict forms shall be submitted
pursuant to CrRLJ 6.15, with modifications as set forth in this rule, or with permission of
the trial Judge. Instructions shall be submitted by the parties no later than at the close of
the State’s case or at a requested time upon leave of the court. Two sets of instructions,
one with and one without citations, shall be submitted to the court, with an appropriate
cover sheet for each. One additional set with citations shall be served upon the opposing
party. Parties are encouraged to submit bench copies of instructions for the trial judicial
officer, preferably in an electronic and modifiable format.
Any proposed jury instructions, excluding cover sheet of each party, shall be written in
Times New Roman font, 12 point, with spacing at space and a half. Each instruction shall
include the header, “Instruction No. ____”.
[3(d) formerly WDCrRLJ 4, adopted effective September 1, 2003; Amended effective September
1, 2008; Renumbered WDCrR 4, effective September 1, 2019, amended June 30, 2023, effective
September 2023, amended, May 15, 2024, effective September 1, 2024.]
3(e) Notice. When a case docketed for trial is settled, or will not otherwise proceed to
hearing, parties shall immediately give written notice to the criminal court clerk via email,
at districtcourtservices@co.whatcom.wa.us. In the event that a party fails to provide
written notice to the court by 330 PM on the last business day prior to trial that a case will
not be tried to a jury on the date set, jury costs, witness fees, and/or terms may be imposed
by the court.
[Formerly WDCrRLJ 5, adopted effective September 1, 2003; Amended effective September 1,
2008; Renumbered WDCrR 5, amended effective September 1, 2019, adopted and amended June
30, 2023, effective 2023.]

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WCDCCrR 4-Motions, Briefs, Memoranda, And Other Pleadings
4(a) Calendar. Whatcom County District Court’s motion calendar occurs every Thursday
at 130 PM.
4(b) Filing- Court Clerk. All motions and supportive documents, including those pursuant
to CrRLJ 3.5, or CrRLJ 3.6, shall be filed with the court clerk in accordance with these
local rules and if silent, State Court Rules. Such documents shall be served upon opposing
counsel, or the opposing party if such party is unrepresented, no later than ten (10) court
days before the hearing on the motion. The pleadings shall be filed with a separate “Note
for Calendar/Docket,” which shall contain a statement of purpose for the hearing and set
the date and time to be heard.
The party responding may file responsive briefing and documents, and they shall be filed
at least five (5) business days before the hearing date and time. The moving party may,
file a final reply and supporting documents to the non-moving party’s response, and it shall
be filed no later than two (2) business days before the hearing date and time.
4(c) Filing- Electronic Filing. Motions may also be filed electronically with the same
filing deadlines as 4(b) using the email address provided for the criminal department on
the Whatcom County District Court website.
4(d) Filing- Pretrial Conference Hearing. Motions may also be filed at a pretrial
conference hearing when the case is called, and shall also be served upon the non-
moving/opposing party in open court. Upon such a filing, the parties shall select the date
the motion is to be heard.
4(e) Bench Copy. Any memorandum, brief, or motion filed with the court, must be
accompanied by a copy clearly marked BENCH COPY. If the document is filed
electronically, the party shall request the clerk provide a BENCH COPY to the assigned
judicial officer.
4(f) Format. GR 14 “Format for Pleadings and Other Papers” shall be followed whenever
filing any pleading or form.
4(g) Available Forms. The court will post available forms for use in Whatcom County
District Court on the Whatcom County District Court Webpage. Additionally, all parties
are encouraged to use the forms approved by Administrative Office of the Courts which
are available on the Washington Courts webpage under “Forms.”
4(h) Noncompliance. A party’s failure to use forms as required or suggested herein, shall
not be a reason to dismiss a case, refuse a filing, motion, petition, or strike a pleading. The
court may at its discretion require the filing party to submit a corrected pleading.

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4(i) Electronic Exhibits. All electronic exhibits must be submitted only on a USB storage
device with a declaration that the same was served upon the other party. The court cannot
accept CDs or videos embedded in email.
[Formerly WDCrRLJ 2, adopted effective September 1, 2003; Amended effective September 1,
2008; Renumbered WDCrR 3, amended effective September 1, 2019, amended and adopted June
30, 2023, effective September 1, 2023.]
WCDCCrR 5- Appearance of the Defendant
5(a) Appearance. The appearance of the defendant is required at all hearings set by the
court as set forth in CrRLJ 3.4.
5(b) Virtual Appearance. Whatcom County District Court authorizes the use of virtual
appearances in accordance with CrRLJ 3.4.
5(c) Physical Appearance Required. A defendant shall physically appear in person, and
shall not be permitted to appear at a hearing either virtually, nor through counsel, unless
granted permission by a judicial officer in advance, in any instance where:
(i) A judicial officer has previously found good cause on the record to require
defendant’s physical presence;
(ii) The court also finds the following conditions are good cause to compel a
physical appearance of the defendant:
a. The defendant has active warrants for their arrest anywhere in
Washington State; or
b. The case is post-conviction, the defendant is being supervised by
probation on an “active” level, and the defendant is alleged to have
violated the terms of their probation;
c. The defendant is on pretrial supervision and being monitored for
compliance by the probation department, and is alleged to have violated
their pretrial release conditions and a hearing is set.
[Formerly WDCrR 6, Adopted August 21, 2020; Amended August 28, 2020, effective September
1, 2021, Amended and Adopted June 30, 2023, effective September 1, 2023.]
WCDCCrR 6-Warrant Quash and Special Set Arraignments
6(a) A hearing to quash a warrant may be scheduled by contacting the court clerk, or filing
a “Note for Calendar / Note for Docket.” Warrant quash hearings are set before the Court
Commissioner at 230 PM Tuesday through Friday. The request to quash must be received
no later than 1000 AM the day of the hearing. Warrant quash hearings may also be set
before the assigned judicial officer on the Motion Calendar at 130 PM on Thursdays. The
request to quash before the assigned judicial officer must be received no later than 1200
PM noon the day before the hearing. Individuals represented by counsel should request
warrant quashes through their attorney.

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6(b) Appearance. Physical appearance is required at hearings to quash a warrant, unless
specifically waived by the judicial officer in advance of the hearing. Waiver of appearance
requests for judicial officer review shall be sent electronically through the court clerk.
[Adopted June 30, 2023, effective September 1, 2023]
WCDCCrR 7- Motion of Bail Review for Incarcerated Defendants
7(a) Procedure. Motions to Review Bail for in custody defendants shall be noted no
later than 1200 noon the day prior to the hearing. Bail Reviews shall be heard Tuesday
through Friday at 130 PM in custody, or Thursday 130 PM before the assigned judicial
officer. The “Note for Calendar / Docket” filed by the moving party shall be
accompanied by a written motion and declaration in support per CrRLJ 8.2. The failure to
note the matter timely and with the motion and declaration in support filed
simultaneously will result in the matter not being set for hearing.
[Adopted June 30, 2024, effective September 1, 2024.]]

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