Skagit County Superior Court Adjournment & Extension Requirements

CRITICAL

The court must continue the hearing when a defendant indicates a desire to consult with an attorney associated with the Qualified Legal Services Provider.

The court will continue the hearing for any defendant who indicates to the court the desire to consult with an attorney associated with the Qualified Legal Services Provider.

CRITICAL

A motion to change the trial date in a Case Schedule must be noted on the appropriate regular motions calendar with notice to all parties.

(3) Motion to Amend Case Schedule with Change of Trial Date. All motions to amend the trial date in a case schedule shall be noted on the regular motions calendar for that case type with notice to all parties.

CRITICAL

The parties may agree to amend a Case Schedule only if the amendment complies with SCLCR 26 discovery minimums, keeps the pretrial conference at least one full week before trial, and does not change the trial date.

The parties may agree to amend a case schedule as long as it complies with the minimum requirements for discovery enumerated within SCLCR 26, maintains the pre-trial conference date at least one full week prior to trial, and does not modify the trial date.

CRITICAL

A contested motion to amend a Case Schedule must be noted on the regular motions calendar for that case type with notice to all other parties.

Contested motions to amend Case Schedules shall be noted on the regular motions calendar for that case type with notice to all other parties.

CRITICAL

A continuance request must be written, filed under SCLCR 6(d)(2) or made by agreement of all parties, and identify the petition’s 75th day; continuing beyond that day generally requires a declaration of exceptional circumstances and an order specifying the circumstances, unless the court permits otherwise.

Any request for continuance of the fact-finding hearing shall be made in writing, filed under the timing rules set forth in SCLCR 6(d)(2), or by agreement of all parties,and shall identify the 75th day from the filing of the petition. A motion to continue beyond the 75th day shall be supported by a declaration of exceptional circumstances, or as otherwise permitted by the court. The order continuing the hearing beyond 75 days shall identify with specificity the exceptional circumstances found by the court.

CRITICAL

The clerk must not strike a hearing scheduled by court order unless there is a judicially signed order or the strike is noted on the record during a criminal calendar or other criminal proceeding.

(3) To effectuate this rule, the clerk shall not strike hearings scheduled by court order absent an order with judicial signature or a strike being noted on the record during the criminal calendar or other criminal proceeding.

CRITICAL

The clerk must not strike a hearing scheduled by court order unless there is a judicially signed order or the strike is noted on the record during a juvenile offender calendar or proceeding.

To effectuate this rule, the clerk shall not strike hearings scheduled by court order absent an order with judicial signature or a strike being noted on the record during the juvenile offender calendar or other juvenile offender proceeding.

CRITICAL

If a trial settles or is continued, the parties must immediately notify the Court Administrator and submit an agreed ex parte order striking both the pretrial conference and trial date.

Parties shall immediately notify the Court Administrator if a trial has settled or has been continued and submit an agreed order ex parte striking both the pre-trial conference and trial date.

CRITICAL

Once a case exceeds 24 months from arraignment for a Class A felony or qualifying sex offense, or 12 months for other charges, a motion to continue the trial date must be called on the record on the criminal calendar even if the parties agree.

Any motion to continue a trial date once a case is older than the below timelines shall be called on the record on the criminal calendar regardless of whether the requested continuance is agreed by the parties: (1) If the motion is made more than 24 months from the date of arraignment on a Class A Felony or an offense classified as a “sex offense” under the Sentencing Reform Act or more than 12 months from the date of arraignment for all other types of charges.

CRITICAL

The court must advise the defendant that a continuance may be sought to obtain an attorney or for another valid reason, and the defendant must request it at the very start of the hearing.

The court will, at the commencement of the hearing, advise the parties that the defendant may seek a continuance of the hearing to a later date if the defendant wishes to seek an attorney to represent them or if they need more time for some other valid reason. The defendant must exercise this option at the very start of the hearing.

CRITICAL

All motions to continue confirmed trials must be heard on the record.

(4) All motions to continue confirmed trials shall be heard on the record.

CRITICAL

All motions to continue confirmed trials must be heard on the record.

All motions to continue confirmed trials shall be heard on the record.

CRITICAL

A motion to continue a trial made more than six months after arraignment must be called on the record on the juvenile offender calendar, even if the continuance is agreed.

Any motion to continue a trial date once a case is older than the below timeline shall be called on the record on the juvenile offender calendar regardless of whether the requested continuance is agreed by the parties: (1) If the motion is made more than six (6) months from the date of arraignment.

CRITICAL

For a late detention requiring a continuance or special-set probable-cause hearing, the parties must agree to a continuance of less than 24 hours or obtain a special-set hearing through Court Administration.

To assure compliance with the 72-hour hold limitation in RCW 71.05, in the event of a late detention resulting in the need for a continuance or special set probable cause hearing, the parties must either agree to the less than 24-hour continuance or obtain a special set hearing through Court Administration.

CRITICAL

Anyone continuing or canceling a hearing after requesting an interpreter must immediately notify Court Administration to cancel or change the interpreter appointment.

If someone requesting an interpreter is continuing or canceling the hearing after having made the request for an interpreter under (a) above, they must immediately notify Court Administration to cancel or change the date for the interpreter’s appointment.

CRITICAL

A motion to amend a Case Schedule's trial date must be noted on the regular motions calendar for that case type with notice to all parties.

All motions to amend the trial date in a case schedule shall be noted on the regular motions calendar for that case type with notice to all parties.

CRITICAL

A contested motion to amend a Case Schedule must be noted on the appropriate regular motions calendar with notice to all other parties, and the moving party must submit a proposed Amended Case Schedule for signature.

(2) Contested Motion to Amend Case Schedule. Contested motions to amend Case Schedules shall be noted on the regular motions calendar for that case type with notice to all other parties. The moving party shall prepare and present to the court for signature a proposed Amended Case Schedule in the same manner as proposed orders are to be submitted.

WARNING

The court may modify Case Schedule dates for good cause, on a party’s motion or on its own initiative, but may change the trial date only under the specified procedures.

(c) Amendment of Case Schedule. The court, either on motion of a party or on its own initiative, may modify any date in the Case Schedule for good cause, except that the trial date may be changed only as provided below.

WARNING

The arbitrator may grant a continuance without a court order when good cause is shown.

The arbitrator may grant a continuance without court order and for good cause shown.

WARNING

If necessary pre-trial motions have not been conducted, the court may find the matter not ready for trial and continue the trial date.

If the court determines that all necessary pre-trial motions have not been conducted, the court may determine the matter not ready for trial and continue the trial date.

WARNING

A request to extend the stated time period may be granted upon a showing of good cause.

A party’s request for the above time period to be extended may be granted upon a good cause showing.

WARNING

A party’s request to extend the specified time period may be granted upon a showing of good cause.

(2) A party’s request for the above time period to be extended may be granted upon a good cause showing.

WARNING

For good cause, the court may modify a Case Schedule date on a party's motion or on its own initiative, but may change the trial date only under the procedures that follow.

The court, either on motion of a party or on its own initiative, may modify any date in the Case Schedule for good cause, except that the trial date may be changed only as provided below.

WARNING

The presentation-hearing timeframes may be extended if the court finds good cause for additional time.

These timeframes may be extended with a finding of good cause for additional time.

WARNING

If the respondent has not completed the disposition terms, including payment of legal financial obligations, by the first administrative review, the court may continue the review to another date set by the judge.

(l) If the respondent has not completed his/her terms of disposition, including paying legal financial obligations, by the date of the first administrative review, the court may continue the administrative review to another date as set by the judge.

WARNING

All parties may agree to amend a Case Schedule only if discovery minimums are met, the pretrial conference remains at least one full week before trial, and the trial date is unchanged; the signed modification must be submitted to the ex parte or regular motions calendar.

(1) Amendment by Agreement of All Parties. The parties may agree to amend a case schedule as long as it complies with the minimum requirements for discovery enumerated within SCLCR 26, maintains the pre-trial conference date at least one full week prior to trial, and does not modify the trial date. Agreed modifications of the Case Schedule shall be prepared and signed by the parties. The modified Case Schedule shall be submitted to the ex parte calendar or on the regular motions calendar.

INFO

If necessary, the court may change the trial date on its own initiative.

If necessary, the court may change the trial date on its own initiative.