LOCAL CIVIL RULES FOR COURTS OF
LIMITED JURISDICTION
(L-CRLJ)

Print PagePrint

LOCAL CIVIL RULE 38

JURY TRIAL

(a) Demand. The demand for a jury trial in civil cases shall be made by filing a written demand with the clerk and paying the jury fee not later than fourteen days from the first date the parties receive notice of trial setting or at such time as directed by the court.. Failure to comply with this rule is a waiver of the right to a jury trial.


(i) Imposition of Costs. Whenever any case assigned for jury trial is settled or will not be tried by the jury for any reason, notice of that fact shall be given immediately to the Court. The court may impose terms including requiring payment of the actual costs of the jury in the event a party fails to notify the court by 11:00 a.m. the last court day before trial that the case will not be tried to a jury on the date set.


(j) Trial Day Conference. Attorneys for each party or any pro se party shall be present at least one half hour before the time of trial and available to the Judge. A conference will be held with the trial judge to discuss matters which will expedite the trial. All exhibits should be marked by the Clerk prior to the start of the trial whenever possible.


Back to Table of Contents

LOCAL CIVIL RULE 40

ASSIGNMENT OF CASES


(b) Notice of Trial Methods.

(1) Note for Trial.  All trial settings will be made at the discretion of the Court
after the issues have been joined.

(2) Persons Notified. Notice of the trial date will be given to the parties in person or by ordinary mail. Notice will also be provided to attorneys who have filed written notice of appearance.

(3) Confirmation Hearing. Every case set for jury trial or Wednesday bench trial shall also be scheduled for a Confirmation Hearing approximately one week before trial. At the Confirmation Hearing, the court will determine whether the case is ready for trial, the estimated length of trial, whether discovery is complete, and any other matters that will promote the just, speedy, and inexpensive determination of the case.

(4) Trial Confirmation. The parties or their attorneys on any civil case scheduled for jury trial or for Wednesday bench trials must on the Tuesday immediately preceding the trial between 8:30 a.m. and 11:00 a.m. confirm in writing or by electronic means on a form substantially similar to Uniform Exemplar # 1 that the case will be tried as scheduled or that another disposition has been reached. Failure of a party to file such confirmation constitutes a motion for continuance. If any party fails to confirm that the case will proceed as scheduled or files a confirmation notice which conflicts with the confirmation notice filed by an opposing party, counsel for both parties must appear before the court at 11:30 a.m. on Tuesday of the week before trial for consideration of a motion for continuance. Failure of the plaintiff to appear at the 11:30 a.m. hearing may cause the court to dismiss the case without prejudice. Failure of the defendant to appear at the 11:30 a.m. hearing may cause the court to find the defendant in default for failure to appear and to enter judgment by default. The court may provide for hearings by telephonic or other electronic means. If a Tuesday of the week before trial is a holiday or nonjudicial day, the confirmation shall occur on the judicial day before such holiday or nonjudicial day.

Back to Table of Contents

LOCAL CIVIL RULE 52

FINDINGS BY THE COURT

Written findings of fact and conclusions of law may be proposed by either party in civil actions tried without a jury except traffic infractions. Unless an emergency shall be shown to exist or the defendant failed to appear at trial, the Court shall not sign the same until the opposing party shall have signed and waived notice of presentation, or the opposing party shall have received five days notice of presentation. Proposed findings and conclusions should be presented to the Court within 30 days of the Court's decision.

Back to Table of Contents

LOCAL CIVIL RULE 54

JUDGMENTS AND COSTS


(d) Costs. The original note and any checks sued upon shall be filed as a condition for the award of reasonable attorney fees and collection costs. In all other cases where reasonable attorney fees are claimed either by virtue of a written instrument or a bona fide offer of settlement in a claim for damages, the original of the offer of settlement or copy of the written instrument shall be filed. An attorney's fee as provided for in RCW 4.84.250 .310 shall not be awarded upon a default judgment except when either a Notice of Appearance or responsive pleading (other than a consent to judgment) has been filed and an offer of settlement is served thereafter pursuant to statute or Court rule.

(f) Attorney Fee Guidelines. The following attorney fee schedule shall apply in all default cases unless the parties present evidence of circumstances which convince the court a greater or lesser amount should be awarded. The Court shall have the authority to vary from the following schedule on its own motion.

NSF checks: statutory attorney fees as set by RCW 4.84.080.

All other cases where attorney fees are permitted by statute or contract:`

Amount of principal and interest

Attorney fee

0 - $1000.00

$250

$1000.01 - $1500.00

$300

$1500.01 - $2000.00

$350

$2000.01 - $2500.00

$400

$2500.01 - $3000.00

$450

$3000.01 - $4000.00

$500

$4000.01 - $5000.00

$550

$5000.01 - $6000.00

$600

$6000.01 - $7500.00

$700

$7500.01 - $10,000.00

$850

Over $10,000

10 percent

Back to Table of Contents

LOCAL CIVIL RULE 65

NAME CHANGES

(a) Separate Petitions Required. A separate petition shall be filed for each name
a party wishes changed.

(b) Hearing. All hearings on petitions for name changes shall be in open court and
on the record.

(c) Minors.

(1) Birth Certificate. A certified copy of any minor applicant's birth certificate or suitable identification must be presented to the clerk for verification and copying.

(2) Parental Notification.

(a) A person petitioning to change the name of a minor child or ward must establish that both parents consent to the change in writing, or that the nonpetitioning parent has been served at least ten days before the hearing with a notice that includes the hearing date, the minor’s current name, the name the petitioner desires the minor to assume, and the reasons for requesting the change of name.

(b) 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, notice by publication one time in a newspaper of general circulation in the county of the nonpetitioning parent’s last known address shall be deemed sufficient if it satisfied the requirements of L-CRLJ 65(c)(2)(a).

(d) Contents of Petition. A petition for change of name must be sworn under oath and state the following:

(1) The Petitioner's full present name and the full name the petitioner wishes to assume;

(2) The Petitioner's date of birth;

(3) That the Petitioner resides in Yakima County;

(4) The reason for the request;

(5) The application is not made for any illegal or fraudulent purpose;

(6) The name change will not be detrimental to the interests of any other person;

(7) The name of the Petitioner's father and mother, or, if brought on behalf of a minor, the name of the minor's father and mother;

(8) Whether the Petitioner is subject to the jurisdiction of the Washington State Department of Corrections and, if so, that Petitioner has provided a copy of the Petition to the Department at least five days before any hearing on the name change request;

(9) Whether the Petitioner is subject to the sex offender registration laws of the State of Washington and, if so, that Petitioner has provided copies of the Petition to the county sheriff and the Washington State Patrol at least five days before any hearing on the name change request.

(e) Contents of proposed Order. A Petitioner for change of name must file a proposed Order Changing Name that includes the following:

(1) The Petitioner's full name;

(2) The full name Petitioner seeks to assume;

(3) If the Petition is brought on behalf of a minor, a finding that both parents or guardians consent to the change, or that a non consenting parent was served with notice of the proposed change as required by these rules, or that a non consenting parent's legal rights were previously terminated by court order;

(4) A finding whether the Petitioner is subject to the jurisdiction of the Washington State Department of Corrections and, if so, whether Petitioner provided a copy of the Petition to the Department at least five days before the Order is to be entered;

(5) A finding whether the Petitioner is subject to the sex offender registration laws of the State of Washington and, if so, whether Petitioner provided copies of the Petition to the county sheriff and Washington State Patrol at least five days before the Order is to be entered;

(6) A finding that the Petition is not made for illegal or fraudulent purposes;

(7) A finding that the change of name will not be detrimental to the interests of any other person;

(8) If the Petition is brought on behalf of a minor, a finding that the name change is in the best interests of the minor.

Back to Table of Contents

LOCAL CIVIL RULE 66

SMALL CLAIMS

(a) Filing.  Small Claims shall be filed by the Plaintiff in person on a form provided by the Court.

(b) Mediation. Every Small Claim, except a claim based upon default in an agreement made during a Small Claim mediation conference, shall be set for a mandatory mediation conference before trial.  The Notice of Claim shall give the date, time, and place of the conference and shall advise the defendant that:

(1) Attendance is mandatory;

(2) Defendant's failure to attend may result in entry of a default judgment; and

(3) Plaintiff's failure to attend will result in dismissal of the case.

(c) Informational Brochure. A brochure with information about the mediation process provided by the court shall be served with the Notice of Claim.

(d) Proof of Service. Unless good cause is shown, Plaintiff's failure to provide proof of service at the time of the mediation conference will cause the court to dismiss the claim.

(e)(1)   Defendant.  When a party against whom a judgment is sought fails to appear at the time and location specified in the notice issued pursuant to RCW 12.40.060, a default judgment may be entered upon proof of valid service and venue.

(e)(2)   Plaintiff.  When a plaintiff fails to appear at the time and place specified in the notice issued pursuant to RCW 12.40.060, the plaintiff’s claim may be dismissed.

(e)(3)   Motion to Vacate Default Judgments.  A motion to vacate a Small Claims Default Judgment shall be governed by CRLJ559(c). 

(e)(4)   Reconsideration/New Trial.  There is no provision for a Motion for Reconsideration and/or New Trial following a Small Claim trial.

(f)(1) Settlement.   All settlements of Small Claims pursuant to mandatory mediation under Yakima County Local Court Rule L-CRLJ 66(b) shall be placed on the record and may be incorporated into a Small Claim judgment.  If the settlement is not incorporated into a judgment, the case may be dismissed.  Any action to enforce a settlement reached pursuant to mandatory mediation, which was not incorporated into a Small Claims judgment, shall require the filing of a new Small Claims action.

Back to Table of Contents

LOCAL CIVIL RULE 67

PETITIONS FOR PROTECTION FROM UNLAWFUL HARASSMENT

(a) Form. A Petition for protection from unlawful harassment under RCW 10.14 shall be filed on a form or forms prescribed by the Court;

(b) Joint Petitions.

(1) A single Petition for protection from unlawful harassment may be filed on behalf of a marital community where both parties reside at the same address, or on behalf of minor children who reside at the Petitioner's address. In all other cases, a separate Petition must be filed by each adult requesting relief.

(2) A separate petition for protection from unlawful harassment shall be filed for each respondent.

 

Back to Table of Contents

LOCAL CIVIL RULE 68

VACATION OF RECORDS CONVICTION

(1) All applications for vacation of records of conviction shall be initiated by the filing of a Petitioner with the Civil Department of the Court.

(2) In addition to any other information required by the law, the Petition shall include the following:

(a) all case numbers of convictions sought to be vacated;

(b) a current Criminal History Conviction Record issued by the Washington State Patrol;

(c) a current Criminal History Conviction Record issued by the Federal Bureau of Investigation;

(d) if the Petitioner was subject to probation supervision as to any conviction for which vacation is sought, a written statement from Probation Services including the ending date of supervision, date of successful completion of treatment and date when financial obligations to Probation Service were satisfied in full. Petitioner shall pay a fee to Probation Services for such certification, unless previously authorized to proceed in forma pauperis.

(3) The Petition shall be noted for hearing not less than 20 days after filing.

(4) If the offense for which vacation is sought was prosecuted in the name of the State of Washington, the Petition and Note for Hearing shall be personally served upon the Prosecuting Attorney’s Office not less than 14 days prior to the hearing. If the offense was prosecuted in the name of another plaintiff, the Petition and Note for Hearing shall also be personally served upon the Prosecuting Authority for that plaintiff.

Back to Table of Contents