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

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LOCAL CIVIL RULE 26

DISCOVERY

(a) Certain Documents Presumed Admissible. The documents listed below, if relevant, are presumed admissible at the trial, but only if:

(1) the party offering the document serves on all parties at least fourteen (14) days prior to the trial date in accordance with CRLJ 5 a notice, accompanied by a copy of the document and the name, address, and telephone number of its author or maker; and;

(2) the party offering the document similarly furnishes all other parties with copies of all other related documents from the same author or maker.

(b) The documents presumed admissible under this rule are:

(1) A bill, report, chart, or record of a hospital, doctor, dentist, registered nurse, licensed practical nurse, physical therapist, psychologist or other health care provider, on a letterhead or billhead;

(2) A bill for drugs, medical appliances or other related expenses on a letterhead or billhead;

(3) A bill, or an estimate of, property damage on a letterhead or billhead. In the case of an estimate, the party intending to offer the estimate shall forward with the notice to the adverse part a statement indicating whether or not the property was repaired, and if it was, whether the estimated repairs were made in full or in part, attaching a copy to the receipted bill showing the items of repair and the amount paid;

(4) A police, weather, wage loss, or traffic signal report, or standard United States government life expectancy table to the extent it is admissible under the Rules of Evidence, but without the need for formal proof of authentication or identification;

(5) A photograph, x-ray, drawing, map, blueprint or similar documentary evidence, to the extent it is admissible under the Rules of Evidence, but without the need for formal proof of authentication or identification;

(6) The written statement of any other 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.

(7) A document not specifically covered by any of the foregoing provisions but having equivalent circumstantial guarantees of trustworthiness, the admission of which would serve the interests of justice.

(c) Any other party may subpoena the author or maker of a document admissible under this rule, at that party’s expense, and examine the author or maker as if under cross-examination.

(d) This rule does not restrict argument or proof related tot he weight of the evidence admitted, nor does it restrict the court's authority to determine the weight of the evidence after hearing all of the evidence and the arguments of opposing parties.

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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 seven days from the first date the first trial setting notice is issued from 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.

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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) Status Conference. Every case set for jury trial shall also be scheduled for a Status Conference approximately two weeks before trial. At the Status Conference, 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.

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LOCAL CIVIL RULE 47

JURORS

(a) Examination of Jurors

(1) Voir Dire. The trial judge shall examine the prospective jurors touching on their qualifications to act as fair and impartial jurors. Counsel shall advise the Court in advance of the names of the witnesses intended to be called. The trial judge shall give leave to the respective parties to ask the jurors such supplementary questions as may be deemed by the trial judge proper and necessary. The voir dire examination of prospective jurors shall be limited to those matters having a reasonable direct bearing on prejudice and shall not be used by counsel (a) as a means of arguing or "trying" their cases, (b) as an effort to indoctrinate, visit with or establish "rapport" with jurors, or (c) for the purpose of questioning concerning anticipated instructions of the Court or theories of law, or (d) for the purpose of asking the jurors what kind of verdict they might return under any circumstance. Questions are to be asked collectively of the entire panel whenever possible.

(d) Challenges.

(3) Peremptory Challenges. All peremptory challenges allowed by law shall be exercised in the following manner:

(a) Plaintiff's attorney shall advise the court and Defendant's attorney orally or in writing of the name and number of the challenged juror or that the challenge is waived. Defendant's attorney shall then advise the court and Plaintiff's attorney of the name and number of the challenged juror or indicate that the challenge is waived. This process shall be repeated until all challenges are exhausted or waived. A party may not challenge a juror after having waived a challenge to that juror.

(b) The court shall not excuse the peremptorily challenged jurors until all peremptory challenges have been exhausted or waived.

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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.

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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 attomey'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:`

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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.

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LOCAL CIVIL RULE 66

SMALL CLAIMS

(a) Filing. Small Claims shall be filed 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.

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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.

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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.

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