Island County Superior Court Adjournment & Extension Requirements

CRITICAL

A continuance may be granted by mutual agreement and an order entered more than 30 calendar days before trial; a continuance sought within 30 calendar days must be requested by written motion, and a party seeking a new trial date must follow LCR 40(a).

Continuances may be granted upon mutual agreement of the parties and upon presentation of an order of continuance so long as the agreed order is entered more than thirty (30) calendar days in advance of the assigned trial date. A continuance sought within thirty (30) calendar days of the assigned trial date shall be made by written motion. If either party wants to set a new trial date, that party must use the process described in LCR 40(a) above.

CRITICAL

When the parties agree to continue or strike a scheduled hearing, they must notify the Clerk’s Office and Court Administration at least two judicial days beforehand unless articulable circumstances prevent timely notice.

If the parties have agreed to continue or strike a scheduled hearing, the parties shall notify the Clerk’s Office and Court Administration of the change no later than two (2) judicial days prior to the date of the scheduled hearing unless articulable circumstances preclude notification within that time.

WARNING

A party’s failure to receive hearing notice or timely evidence is deemed good cause to continue the hearing to the next minor guardianship calendar.

A failure to receive notice of the emergency guardianship hearing, or a failure to receive evidence in a timely manner on the part of any party, shall be deemed good cause to continue the emergency guardianship hearing to the next minor guardianship calendar.

WARNING

Requested counsel must be appointed before the substantive hearing; failure to appoint counsel or counsel’s inability to participate is deemed good cause to continue the hearing to the next emergency guardianship calendar.

If either the parents or child have requested counsel, counsel shall be appointed prior to the substantive emergency guardianship hearing. Failure to appoint counsel, or the inability of counsel to participate in the hearing, shall be deemed good cause to continue the emergency guardianship hearing to the next emergency guardianship calendar.

WARNING

If circumstances beyond an opposing party’s control prevented a response to a special-set notice, the Court will consider a reset request on the ex parte calendar if it is supported by a declaration and made after notice to the other parties.

If a special set hearing is scheduled in this manner, and an opposing party was unable to respond to the notice as a result of circumstances beyond their control, the Court will consider a request for a reset on the ex parte calendar, so long as the same is presented with a supporting declaration and after notice to the other party or parties.

INFO

Qualified court commissioners are authorized to authorize continuances.

Court Commissioners qualified under Article 4, section 23 of the Washington Constitution are authorized to preside over arraignments, preliminary appearances, initial extradition hearings, and noncompliance proceedings pursuant to RCW 9.94A.200; accept guilty pleas as authorized in this local rule pursuant to RCW 2.24.040(15); appoint counsel; make determinations of probable cause; set, amend, and review conditions of pretrial release; set bail; set trial and hearing dates; authorize continuances and accept waivers of the right to speedy trial.

INFO

The Court may, in its discretion and within time frames allowed by law, continue an unlawful detainer hearing to give the tenant an opportunity to obtain counsel.

Pursuant to Ch. 115, Laws of 2021, Secs. 8-9, hearings in unlawful detainer cases may be continued to afford the tenant an opportunity to obtain counsel at the Court’s discretion and for time frames as allowed by law.