E.R. 1101

Washington Court Rules

Part I. Rules of General Application

Washington Rules of Evidence (ER)

Title XI. Miscellaneous Rules

Rule 1101. Applicability of Rules

(a) Courts Generally.  Except as otherwise provided in section (c), these rules apply to all actions and proceedings in the courts of the state of Washington.  The terms "judge" and "court" in these rules refer to any judge of any court to which these rules apply or any other officer who is authorized by law to hold any hearing to which these rules apply.

(b) Law With Respect to Privilege.  The law with respect to privileges applies at all stages of all actions, cases, and proceedings.

(c) When Rules Need Not Be Applied.  The rules (other than with respect to privileges) need not be applied in the following situations:

(1) Preliminary Questions of Fact.  The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under rule 104(a).

(2) Grand Jury.  Proceedings before grand juries and special inquiry judges.

(3) Miscellaneous Proceedings.  Proceedings for extradition or rendition;  detainer proceedings under RCW 9.100;  preliminary determinations in criminal cases;  sentencing, or granting or revoking probation;  issuance of warrants for arrest, criminal summonses, and search warrants;  proceedings with respect to release on bail or otherwise;  contempt proceedings in which the court may act summarily;  habeas corpus proceedings;  small claims court; supplemental proceedings under RCW 6.32;  coroners' inquests;  preliminary determinations in juvenile court proceedings under RCW Title 13;  juvenile court hearings on declining jurisdiction under RCW 13.40.110;  disposition hearings in juvenile court;  review hearings in juvenile court under RCW 13.32A.190 and RCW 13.34.130(4);  dispositional determinations related to treatment for alcoholism, intoxication, or drug addiction under RCW 70.96A; and dispositional determinations under the Civil Commitment Act, RCW 71.05.

(4) Applications for Domestic Violence Protection.  Protection order proceedings under RCW 26.50 and 10.14.  When a judge proposes to consider information from a domestic violence database, the judge shall disclose the information to each party present at the hearing;  on timely request, provide each party with an opportunity to be heard;  and, take appropriate measures to alleviate litigants' safety concerns.  The judge has discretion not to disclose information that he or she does not propose to consider.

(d) Arbitration Hearings.  In a mandatory arbitration hearing under RCW 7.06, the admissibility of evidence is governed by MAR 5.3.

Juv. Ct. R. 1.2

Washington Court Rules

Part IV. Rules for Superior Court

Juvenile Court Rules (JUCR)

Title I. Scope and Application of Rules

Rule 1.2 Jurisdiction of Juvenile Court

(a) Generally.  The jurisdiction of the juvenile court is defined by RCW 13.04.030.

(b) Indian Children.  In the case of an Indian child, as defined by the federal Indian Child Welfare Act of 1978, jurisdiction and proceedings under these rules shall be in accordance with that act.

Juv. Ct. R. 2.3

Washington Court Rules

Part IV. Rules for Superior Court

Juvenile Court Rules (JUCR)

Title II. Shelter Care Proceedings

Rule 2.3 Right to and Notice of Shelter Care Hearing

(a) Notice of Right to Shelter Care Hearing.  The notice of the right to request a shelter care hearing required by RCW 13.34.060 shall be given to the child, his or her parents, guardian, or custodian as soon as possible and in no event longer than 24 hours of the taking into custody of the child, and in accordance with rule 11.2.

(b) Shelter Care Hearing Required.  The court shall hold a shelter care hearing within 72 hours after the child is taken into custody, excluding Saturdays, Sundays, and holidays.  If a parent, guardian, or legal custodian desires to waive the shelter care hearing, the court shall determine, on the record and with the parties present, that such waiver is knowing and voluntary.

(c) Notice of Shelter Care Hearing.  The notice required by RCW 13.34.060(2) shall be given in accordance with rule 11.2.  The notice shall inform the parents, guardian, or custodian of their right to a lawyer as provided in Title 9 of these rules.

(d) Indian Children.  If the petitioner knows or has reason to know that the juvenile is an Indian child as defined by the federal Indian Child Welfare Act, the petitioner shall notify the child's tribe in the manner required by RCW 13.34.070(10) and 25 U.S.C. 1912.

Juv. Ct. R. 3.3

Washington Court Rules

Part IV. Rules for Superior Court

Juvenile Court Rules (JUCR)

Title III. Dependency Proceedings

Rule 3.3 Content of Dependency Petition

A dependency petition shall contain:

(a) Identification of the Juvenile.  The name, age, sex, and residence of the juvenile so far as known to the petitioner.

(b) Identification of Parent, Guardian, or Custodian.  The name, marital status, and residence of the parent, guardian, or custodian, or person with whom the juvenile is residing, so far as known to the petitioner.  If not known, the petition shall so state.

(c) Indian Children.  If the petitioner knows or has reason to know that the juvenile is an Indian child as defined by the federal Indian Child Welfare Act, the petition shall so state and shall name the tribe, if known, to which the juvenile belongs.

(d) Jurisdictional Statement.  A statement of the statutory provisions which give the court jurisdiction over the proceeding.

(e) Statement of Facts.  A statement of the facts which give the court jurisdiction over the juvenile and over the subject matter of the proceedings, stated in plain language and with reasonable definiteness and particularity.

(f) Request for Inquiry.  A request that the court inquire into the matter and enter an order that the court shall find to be in the best interests of the juvenile and justice.

(g) Other.  Any other information required by court rule or statute.

Juv. Ct. R. 3.4

Washington Court Rules

Part IV. Rules for Superior Court

Juvenile Court Rules (JUCR)

Title III. Dependency Proceedings

Rule 3.4 Notice and Summons--Scheduling of Fact-Finding Hearing

(a) Notice and Summons.  After the petition has been filed, notice and summons shall be issued and served pursuant to RCW 13.34.070 or published pursuant to RCW 13.34.080.  The notice shall state that the petition begins a process which, if the juvenile is found dependent, may result in permanent termination of the parent-child relationship.

(b) Advice to Be Contained in Notice.  A notice directed to the juvenile or the juvenile's parent, custodian, or guardian shall contain the following advisement:

Right to Lawyer

(1) You have the right to talk to a lawyer if you desire and, if you cannot afford a lawyer, one will be appointed for you.

(2) A lawyer can look at the social and legal files in your case, talk to the caseworker, tell you about the law, help you understand your rights, and help you at trial.

(c) Scheduling Fact-finding Hearing.  The court shall schedule a fact-finding hearing to be held within 75 days of the filing of the petition alleging dependency, giving preference to those cases where the juvenile is held in shelter care.  The court may, for good cause shown, continue the hearing to a later time at the request of a party.

(d) Indian Children.  If the petitioner knows or has reason to know that the juvenile is an Indian child as defined by the federal Indian Child Welfare Act, the petitioner shall notify the child's tribe in the manner required by RCW 13.34.070(10) and 25 U.S.C. 1912.

Juv. Ct. R. 4.3

Washington Court Rules

Part IV. Rules for Superior Court

Juvenile Court Rules (JUCR)

Title IV. Proceedings to Terminate Parent-Child Relationship

Rule 4.3 Notice of Termination Hearing

(a) Generally.  Notice of the termination hearing and a copy of the petition shall be served on all parties in the manner defined by RCW 13.34.070(8) or published in the manner defined by RCW 13.34.080.

(b) Indian Children.  If the petitioner knows or has reason to know that the juvenile is an Indian child as defined by the federal Indian Child Welfare Act, the petitioner shall notify the child's tribe in the manner required by RCW 13.34.070(10) and 25 U.S.C. 1912.

King Super. Ct. L. Juv. Ct. R. 3.2

Washington Local Rules of Court and Washington Court Rules

King County

Superior Court

Local Rules of the Superior Court for King County

Local Rules Conforming to CR Rules as Required by CR 83

XV. Local Juvenile Court Rules

Title III. Dependency Proceedings

LJuCR 3.2 Who May File Petition--Venue

 (a) Who May File.  Any person may file a petition alleging dependency.

 (b) Venue.  The petition shall be filed in the county where the juvenile is located or where the juvenile resides.

 (c) Location for court proceedings for dependency actions filed in King County;  filing of documents and pleadings and designation of case assignment area.

 (1) Designation of Case Assignment Area.  In order to facilitate the transfer of cases to the Regional Justice facility upon completion of construction, it is required that from and after the first day of October 1996, each case (petition for dependency) filed in the Superior Court shall be accompanied by a designation, in the caption of the petition, of the Case Assignment Area under the standard set forth in Section (4), below.

 (2) Where Proceedings Held.  Until the Regional Justice facility has commenced operation as a Superior Court, all documents shall be filed and all proceedings of any nature shall be held at the King County Department of Youth Services Center or at the King County Courthouse.  Once the Regional Justice facility has commenced operation, all proceedings of any nature shall be conducted in the case assignment area designated on the dependency petition unless the Court has otherwise ordered on its own motion or upon motion of any party to the action.

 (3) Boundaries of Case Assignment Areas.  For purposes of this rule King County shall be divided into case assignment areas as follows:

   (A) Seattle Case Assignment Area.  All of King County except for the areas included in the Kent Case Assignment Area.

   (B) Kent Case Assignment Area.  All of the areas of King County using the following postal zip codes:  98001;  98002;  98003;  98010;  98022;  98023; 98025;  98031;  98032;  98038;  98042;  98047;  98048;  98051;  98054; 98055;  98056;  98057;  98058;  98059;  98092;  98146;  98148;  98158; 98166;  98168;  98178;  98188;  98198.

   (C) Change of Area Boundaries.  The Presiding Judge may adjust the boundaries between areas when required for the efficient and fair administration of justice in King County.

 (4) Standards for case assignment area designation, and revisions thereof.

   (A) Location Designated by Party Filing Action.  Initial designations shall be made upon the filing of the petition alleging dependency.  Case Assignment Area designations shall not be changed between the time of filing of a dependency petition and the entry of a disposition order except as necessary to correct a mistaken designation, to prevent undue hardship to a party or by the Court on its own motion as required for the just and efficient administration of justice.

 (i) For petitions for dependency the case area designation shall be based on the area where the child primarily resides or where the child is located at the time of filing, subject to review by the Court, except for children known to be protected by the Indian Child Welfare Act.  For cases involving children protected by the Indian Child Welfare Act, the case area designation shall be the Seattle Case Assignment Area.

 (ii) For cases regarding Children in Need of Services and At Risk Youth, the case area designation shall be based on where the custodial parent resides.

   (B) Change of Case Assignment Area Designation.  The Court may order that a juvenile's case assignment area designation change upon the establishment of dependency and the entry of a disposition order based on one of the following reasons:  hardship to one of parties;  transfer of the case within the supervising agency or to a new agency;  a need for judicial continuity of control over the case;  transfer is in the best interest of the child; correction of a mistaken designation or for such other reason deemed just and proper by the Court or when required for the just and efficient administration of justice.  A case should not be transferred solely to accommodate an attorney.

 (1) Method.  A motion for change of case assignment area designation may be made by any party to the dependency or by the Court on its own motion. Such a motion shall only be made in writing as required by LJuCR 3.9(c)(2) and shall be titled Motion to Change Case Assignment Area and shall specify the factors for change of case assignment area.  A proposed Order to Change Case Assignment Area shall be included with the working papers submitted for the Court.  If the motion is agreed to by the parties, the motion shall so state and the proposed order shall include the signatures of the parties.  The Order to Change Case Assignment Area shall be filed by the prevailing party.  All cases shall proceed in the original case assignment area until the order is entered and filed.  Proceedings in the assigned area shall not preclude the timely filing of a motion to transfer.

   (C) Improper Designation/Lack of Designation.  The designation of the improper case assignment area shall not be a basis for dismissal of any action, but may be a basis for imposition of terms.  The lack of designation of case assignment area at initial case filing may be a basis for imposition of terms and will result in assignment to a case assignment area at the Court's discretion.

   (D) Assignment or Transfer on Court's Motion.  The Court on its own motion may assign or transfer cases to another case assignment area in the county whenever required for the just and efficient administration of justice in King County.

   (E) Venue not affected.  This rule shall not affect whether venue is proper in any Superior Court facility in King County.

 (5) Where Pleadings and Documents Filed.  Pleadings and documents in paper form for any dependency proceeding in King County shall be filed with the Clerk of the Superior Court at the court facility in the case assignment area of the case.  Documents filed in electronic form, pursuant to GR 30, must be filed in a manner prescribed by the Clerk.  Working copies of papers for the judge must be delivered to the court facility where the judge is assigned.

 (6) Inclusion of Case Assignment Area Code.  All pleadings and documents shall contain after the cause number the case assignment area code assigned by the Clerk for the case assignment area in which court proceedings are to be held.  The Clerk may reject pleadings or documents that do not contain this case assignment area code.

[Adopted effective January 2, 1994;  amended effective October 1, 1996;  September 1, 2004.]

King Super. Ct. L. Juv. Ct. R. 3.7

Washington Local Rules of Court and Washington Court Rules

King County

Superior Court

Local Rules of the Superior Court for King County

Local Rules Conforming to CR Rules as Required by CR 83

XV. Local Juvenile Court Rules

Title III. Dependency Proceedings

LJuCR 3.7 Pre-Trial Conference and Fact-Finding Hearing

 (a) Procedure at Pre-trial Conference.

 (1) The Court shall hold a pre-trial conference on the date set in the case schedule which shall be at least 6 days prior to the scheduled date of the fact-finding hearing, at the location specified in the case schedule, unless modified by Court order.  All parties must be present at the pre-trial conference unless specifically excused by the Court.  Failure of a party to appear or to otherwise plead or respond to the petition, shall be the basis for the Court to enter an Order of Default and Findings of Dependency and Disposition against that party at the pre-trial conference.

 (2) At the pre-trial conference, the Court will inquire into the readiness of the case for trial and compliance with the case schedule.  Failure to comply with the case schedule may be the basis for Court ordered sanctions.

 (3) For those cases in which a parent or other respondent appears at the pre-trial conference and states their wish to proceed to trial, but has not filed an answer to the petition in a timely fashion pursuant to LJuCR3.6, and if the Court decides to allow the case to proceed to trial, a continuance of the pre-trial conference may be granted at the request of any other party sufficient to allow the other parties at least five days following the filing of the answer, which shall be filed no later than at the time of the pre-trial conference unless otherwise authorized by the Court due to circumstances beyond the control of the attorney for the answering party, to gather information necessary for completion of the Statement of Evidence based upon the allegations at issue.

 (4) For those cases for which an answer has been filed in compliance with LJuCR 3.6, or following a continuance to allow time for preparation of the Statement of Evidence, as provided above, the Court will consider matters of law, may certify the case for an alternative dispute resolution process, and otherwise define the specific procedural course of the fact finding hearing, such as determine the number of witnesses, the length and scope of the fact-finding hearing defined by the allegations actually at issue as determined by the pleadings, stipulations, and other agreement based upon a "Statement of Evidence" prepared prior to the pre-trial conference.

 (b) Procedure at Fact-Finding Hearing.  The Court shall hold a fact-finding hearing on the petition in accordance with RCW 13.34.110.  All fact-finding hearings shall be assigned per the direction of the Court at the pre-trial conference.

 (c) Evidence.  The Rules of Evidence shall apply to the hearing.

 (d) Burden of Proof.  In a fact-finding hearing, on petition alleging dependency pursuant to RCW 13.34. 030(2), the facts alleged in the petition must be proven by a preponderance of the evidence, except as to children protected by the Indian Child Welfare Act (ICWA).  The Court may enter an appropriate order in chambers based upon the record if all parties have received legal notice and no one contests the petition.

 (e) Findings of Fact.  In any dependency action in which the Court makes specific findings of physical or sexual abuse or exploitation of a child, the Court shall direct the Clerk to notify the state patrol of the findings pursuant to RCW 43.43.840 and to fingerprint the perpetrator if he/she is a party to the proceeding.

[Amended effective September 1, 1983;  January 2, 1994;  March 20, 1997;  August 20, 1998.]