Clallam County Bar

Updated May 6, 2020. The Clallam County Superior Court will now allow bench trials (non-jury), but only if both parties to the case agree. Contact your attorney or the Court Clerk for details about this option.

Updated March 25, 2020. The Clallam County Superior Court has issued Emergency Order #1 (EO1) designed to reduce social contacts and the spread of the COVID-19 coronavirus. This order allows motions to be heard, but no personal appearances are allowed in court. Motions will be heard without oral argument, unless requested and granted. Virtually all trials, and all family law settlement conferences, scheduled in the next 1-2 months are cancelled (see details below). Any appearance for hearings by phone must be made by following the rules (below).

Superior Court Emergency Order #1 full order is available by visiting http://www.clallam.net/superiorcourt/.

Setting up phone appearances

Requests to appear by phone must comply with all of the following requirements:

• Made by email only to [email protected]
• Made before 8:00 a.m. the day of the hearing for morning hearings, or by 12:00 noon for afternoon hearings
• Subject line must state: Phone Appearance Request
• Include the case number
• Identify the date and time of the hearing
• Include the name of the person making the request
• Include a contact telephone number

Guidelines for phone requests:

• Land line’s are recommended and preferred but not required. If a phone connection is garbled the call will be terminated and the matter decided based upon materials previously and properly filed with the court.
• The Court will call the identified phone number only one time. If the phone is not answered the matter will be based upon materials previously and properly filed with the court.
• A person wishing to appear by phone must be available during the entire calendar schedule until their case is actually called. For example, most family law hearings are held on the Friday morning Family Law Calendar which is scheduled to occur from 9:00 a.m. to 12:00 noon, so a hearing may be called at any time between 9 and noon.
• The Court will initiate one call per party per hearing. In other words, the Court will not call an attorney at one number and the attorney’s client at a different number.
• Hearings with parties appearing by phone will be heard after cases where parties are personally appearing in the courtroom.

Pleadings may be delivered to the Superior Court Clerk’s office, or placed in the grey drop box in the driveway in front of the courthouse. Click here for rules on using the drop box.

EO1 Summary

Here is a summary of EO1 (please keep in mind EO1 was written with a 2-month perspective and may modified or extended). [Editor’s note: this is a summary. Anyone who wants to file a motion should read the full order (above) to make sure you understand the new rules correctly.]

(All amendments known to ClallamCountyBar.com will be applied to this post.)

EO1 is in effect until April 24, 2020 (unless extended)

EO1 supersedes any court rules which conflict.

EO1 may be amended.

Electronic service of court documents is strongly recommended, such as by email or fax.

Hearings for civil cases, including all family law hearings (but not trials):

• ALL hearings will be held without a live hearing. NO appearances in court will be allowed, except for restraining order cases.
• Oral argument for all hearings will be decided without oral argument, except for restraining order matters. Oral argument by phone may be requested in pleadings, but will only be scheduled if the judicial officer hearing the matter decides it is necessary. If you request to appear by phone, the court will notify you if your request is granted.
• ALL hearings will be decided by the Court after reviewing documents (pleadings) properly filed in the case, unless oral argument by phone is allowed as noted above.
• The Court may seek additional input when deciding hearings.
• Phone appearances must be requested as noted above.
• Pleadings may be filed by delivery to the grey courthouse drop box (in front driveway), if delivery rules are followed correctly. Delivery rules are listed at https://clallamcountybar.com/superior-court-clerk-drop-box-for-filing-covid-19/
• Bench copies may be delivered as usual or by placing them in the grey courthouse drop box, and following the drop box rules.

Civil ex parte:

Will presumably still be open and take place at 1:00 p.m. every weekday, but personal appearance is not required, except for restraining order cases in which personal appearance is recommended by phone only.

Restraining Order matters:

Properly file court documents with the Clerk (either in person at the window, by mail, or dropping documents in the grey courthouse dropbox in the front driveway before 12 noon).

Hearings will generally be held by phone only. Make the request to appear by phone, by email following the procedures listed above.

Hearings for criminal cases (everything except trials):

Will continue as normal. Defendants may obtain permission to appear by phone if they follow the procedures in EO1 to make the request, otherwise they must appear in person. Failure to appear will result in a bench warrant being issued, as usual.

Trials for civil cases:

All civil trials currently scheduled to occur between March 17, 2020 and May 15, 2020 are cancelled and must be rescheduled. Some exceptions may apply, as described in EO1
Qualifying cases may have a bench (non-jury) trial during the shut down period. See EO1 for details.

Trials for criminal and juvenile cases:

All adult criminal trials and juvenile offender fact findings are cancelled through April 24, 2020. Rescheduling procedures are described in EO1.
Trial dates must be rescheduled.
If trial dates are not rescheduled, defendants must personally appear on the currently scheduled trial date to reschedule a date. ALL DEFENDANTS PLEASE NOTE: failure to follow the new rules in EO1 will result in a bench warrant for your arrest. Contact your attorney or the court to make sure you understand your obligations.

Settlement conferences:

Will be held by phone only. All family law settlement conferences are cancelled.

Therapeutic courts:

Will continue with weekly sessions but there will be NO in person appearances. Contact team leaders to learn how to appear by phone and if that is necessary.

Involuntary Treatment Act hearings:

Will occur as usual, but parties may appear by phone.

Dependency matters:

Hearings: Appearances will still be required, but will presumably be primarily by phone. The exact procedures are listed in EO1 and may be changed. Check with your attorney.
Fact Finding hearings: people may need to physically appear in person. Check with your attorney.
Shelter Care hearings: phone appearances are preferred.

CHINS and At-Risk-Youth matters:

Will be heard by phone.

Truancy matters:

All truancy matters are continued until school reopens.

Child Support Review matters:

Will happen as scheduled, everyone must appear by phone.

EO1 was signed into effect on March 17, 2020 by Clallam County Superior Court Chief Judge Brent Basden. To see the state-wide order affecting court scheduling issued by the Washington State Supreme Court, click here. The state-wide order does not affect the procedures of EO1 (as of March 20, 2020).

The emergency order described in this post has been superseded by an emergency order from the Washington State Supreme Court.

The Clallam County Superior Court has implemented changes to court proceedings to help combat the spread of the COVID-19 virus effective March 12, 2020, including new call-in and ex parte procedures. At this time, courts in King and other counties have implemented more drastic changes and Clallam County may do so eventually.

SUPERSEDED: THE RULES BELOW HAVE BEEN SUPERSEDED BY EMERGENCY ORDER #1

Civil hearings

Parties and attorneys may request to appear at hearings by phone, if the hearing does not involve live testimony. The new procedure to request a phone appearance is governed by the guidelines below, and must comply with all of the following requirements:

• Made by email only to [email protected]
• Made before 8:00 a.m. the day of the hearing for morning hearings, or by 12:00 noon for afternoon hearings
• Subject line must state: Phone Appearance Request
• Include the case number
• Identify the date and time of the hearing
• Include the name of the person making the request
• Include a contact telephone number

Guidelines for phone requests:

• Land line’s are recommended and preferred but not required. If a phone connection is garbled the call will be terminated and the matter decided based upon materials previously and properly filed with the court.
• The Court will call the identified phone number only one time. If the phone is not answered the matter will be based upon materials previously and properly filed with the court.
• A person wishing to appear by phone must be available during the entire calendar schedule until their case is actually called. For example, most family law hearings are held on the Friday morning Family Law Calendar which is scheduled to occur from 9:00 a.m. to 12:00 noon, so a hearing may be called at any time between 9 and noon.
• The Court will initiate one call per party per hearing. In other words, the Court will not call an attorney at one number and the attorney’s client at a different number.
• Hearings with parties appearing by phone will be heard after cases where parties are personally appearing in the courtroom.

Certain hearings are excluded from the above call-in procedure and, at least currently, require in-person appearances. These currently include an initial request for a restraining order, any hearing with live testimony, Therapeutic Court hearings (with some exceptions), and any hearing involving more than three people who need to be called (because of limitations with the Court’s phone system).

Ex parte hearings which do not require a request for a restraining order may be addressed without a personal appearance. Deliver materials for the Court to consider to the Court Clerk. If delivered before 11:00 a.m. requests will be decided on the record at the normal ex parte hearing time (usually 1:00 p.m.). If received after 11:00 a.m., requests may be addressed the next day. All such requests must include a phone number in case the Court has questions.

Other changes, and the complete March 12, 2020 procedure changes are included in a PDF letter from Judge Basden and Judge Erickson: