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Washington Courts response to COVID-19 – trials cancelled, motions restricted

April 30, 2020

Washington Courts response to COVID-19 – trials cancelled, motions restricted

UPDATE, May 6, 2020. Courthouse access restrictions vary from county to county. Bench trials are now a possible option. For information about the Clallam County Superior Court, see this page https://clallamcountybar.com/covid-19-superior-court-emergency-order-1-significant-courthouse-changes/

UPDATE, April 30, 2020. Limited access and trial cancellations are extended to July 6, 2020, by order of the Washington State Supreme Court. State-wide, non-emergency matters may be continued until after June 1, 2020, however, in Clallam County hearings may be held now with special rules for appearances outlined in EO1 and EO2 (links below). Hearings are still being heard primarily by phone. Protection orders are still being operated under special rules. These, and other modifications, are complicated. To see the Court’s Second Revised and Extended Order Regarding Court Operations, No. 25700-B-618, find it and other orders at www.courts.wa.gov/.

UPDATE, April 13, 2020. The Washington State Supreme Court has extended restrictions on access to courts from April 24 to May 4, 2020. All trials and settlement conferences are cancelled until the restrictions are lifted. The Supreme Court’s order can be found here. Emergency and other motions are still allowed under Clallam County Emergency Order #1 (EO1), and Emergency Order #2 which reissues EO1.

UPDATE March 25, 2020. Access to all Washington courts are reduced through April 24, 2020, except for emergency matters and pre-trial matters which can be conducted by phone or video, effective March 20, 2020, by order of the Washington State Supreme Court. (This order modifies a much more restrictive order entered March 18, 2020.) For any matters which need to take place, in person appearance in courts are extremely discouraged, and telephone or video appearance is highly encouraged. Clallam County Superior Court Emergency Order #1 remains in effect, except as it conflicts with the Supreme Court order.

Amended-Supreme-Court-Emergency-Order-re-CV19-032020Download

ClallamCountyBar.com editor: The April 24, 2020 date will likely be extended, and the emergency order will also likely modified. This post will be updated as needed.

This article was originally posted on March 19, 2020.

Summary of the emergency Order by the Washington State Supreme Court

Civil trials – Cancelled, reschedule for after April 24, 2020.

Civil motions: non-emergency – reschedule to after April 24, 2020 except motions, agreed orders, conferences and other matters which can be heard by phone, video or other means.

Civil motions: emergency – Heard by telephone, video, no personal appearances in court.

Protection Orders – RCW title 10.99, 10.14, 9A.46 and 7.90 protection orders may be entered when a proper petition is entered and a judge finds an initial basis to enter a temporary order. Orders may be served on the respondent by mail instead of personal service. Hearings will presumably be scheduled when the court re-opens.

Juvenile, dependency, involuntary commitment, child support – not necessarily covered by this order.

Criminal trials – Suspended until after April 24, 2020 (unless in progress now). Speedy trial periods begin to run when the courthouse re-opens.

Criminal hearings and motions: defendants out of custody – Deferred until after April 24, 2020, this includes arraignment and first appearances. Any hearings which must take place should be electronically and without personal appearances.

Criminal hearings and motions: defendants in custody – Continued until April 24, 2020, however there are a number of exceptions. Contact the defendant’s attorney for more information. Any hearings which must take place should be electronically and without personal appearances.

Social distancing required – For anyone who must appear in court, social distancing measures must be strictly observed. Attorneys are discouraged from meeting face to face with criminal clients.

Filed Under: Bar News, COVID-19, Judicial matters

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