Court Rules

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Document Format Requirements3 rules

FormattingMandatoryCivil cases

On a quarterly basis, the local DRC shall provide to the Court Administrator the ERPP data/information required by ch. 115, Laws of 2021, Sec. 7 (b)-(f) in a useable and readable format.

Formatting

  • The ERPP data/information must be provided in a useable and readable format
FormattingImportant

Challenges must be made in writing.

Applies to
  • Challenge

Formatting

  • Challenges must be made in writing
Wa Yakima Superior:61d55a4f3b52c931b3c04173 · Aug 2010 · p. 2
|SectionChallenges to Criminal History Records
FormattingImportant

Challenges must be made in writing.

Formatting

  • Challenges must be made in writing
Wa Yakima Superior:0eb464a2bf401c6c5567f1a3 · Aug 2010 · p. 2
|SectionChallenges to Criminal History Records

Document Filing Requirements40 rules

Filing RequirementsMandatoryCivil cases

The Court adopts and requires the Landlord to use the form Notice developed by AOC in collaboration with the Office of the Attorney General. See Exhibit A hereto.

Filing RequirementsMandatoryCivil cases

The Certification Form attached as Exhibit B must be filed with the clerk at the time of filing a summons and complaint.

Wa Yakima Superior:6294c56e77a6bf50ec723c83 · Dec 2023 · p. 5
|Section2. Order; B. DRC Certification of ERPP
Filing RequirementsMandatoryCivil cases

On a quarterly basis, the local DRC shall provide to the Court Administrator the ERPP data/information required by ch. 115, Laws of 2021, Sec. 7 (b)-(f) in a useable and readable format.

Filing RequirementsMandatoryCivil cases

Important! Landlords: Fill out page 1 completely and correctly with all the information that you know. Your information and your attorney's information, if you have one, must be included.

Filing RequirementsMandatory

Return your request form and any documents you want the court to consider to the court contact.

Wa Yakima Superior:170efd4b4700035b4656f663 · p. 2
|SectionProcedure for Requesting Accommodation
Filing RequirementsMandatory

Complete the Request for Accommodation form.

Document
Request for accommodation

Include

  • Complete the Request for Accommodation form
Wa Yakima Superior:170efd4b4700035b4656f663 · p. 2
|SectionProcedure for Requesting Accommodation
Filing RequirementsMandatory

Attach it to the form called the: Sealed Medical and Health Information Cover Sheet under GR 33 form number WPF All Cases 01.0300.

Wa Yakima Superior:170efd4b4700035b4656f663 · p. 2
|SectionProcedure for Requesting Accommodation
Filing RequirementsMandatory

An accommodation may be denied based on a fundamental alteration or undue burden only after considering all resources available for the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion.

Filing RequirementsMandatory

When denying an accommodation, the court must state its reasons, including why the proceeding cannot continue without prejudice, and inform the requester of the right to file an ADA complaint.

Court's wording

Denial. If your requested accommodation is denied, the court must specify the reasons for the denial (including the reasons the proceeding cannot be continued without prejudice to a party). The court must also ensure that you are informed of your right to file an ADA complaint with the United States Department of Justice Civil Rights Division.

Filing RequirementsMandatory

Complete a Law Enforcement Information Sheet provided by the court if a restraining or no contact order is involved.

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 3
|SectionHOW TO OBTAIN A TEMPORARY ORDER WHEN NO EMERGENCY EXISTS
Filing RequirementsMandatory

You must also obtain a hearing date and prepare a notice of hearing, which may be obtained from the clerk of’ the court.

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 3
|SectionHOW TO OBTAIN A TEMPORARY ORDER WHEN NO EMERGENCY EXISTS
Filing RequirementsMandatory

File the motion, note for motion docket and written documentation with the office of the clerk of the superior court.

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 3
|SectionHOW TO OBTAIN A TEMPORARY ORDER WHEN NO EMERGENCY EXISTS
Filing RequirementsMandatory

Set forth your requests in a written motion (WPF DR 04.0100) and provide written evidence (declarations, WPF DR 09.0l00 and WPF DR 01.0550) supporting the need for the order.

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 3
|SectionHOW TO OBTAIN A TEMPORARY ORDER WHEN NO EMERGENCY EXISTS
Filing RequirementsMandatory

A motion for an ex parte restraining order must explain the emergency and the risk of harm from giving advance notice.

Court's wording

You must explain in your motion and to the judge any emergency and risk of harm that would result if you are required to notify the other par- ent or spouse about the hearing before the order is signed.

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 4
|SectionHOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER
Filing RequirementsMandatory

Fill in the headings of and complete all forms.

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 5
|SectionHOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER
Filing RequirementsMandatory

Obtaining an ex parte restraining order requires completed copies of the four listed forms, with an original and at least two copies.

Court's wording

To get a temporary restraining order and order to show cause, you need an original and at least two copies of the following completed forms: 1. Motion/Declaration: Ex-Parte Restraining Order (WPF DR 4.0 l 50) 2. Ex-Parte Restraining Order and Order to Show Cause (WPF DR 4.0170) 3. Proposed Temporary Order (WPF DR 4.0250) 4. Return of Service (WPF DR 1.0250)

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 5
|SectionHOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER
Filing RequirementsMandatory

Make a copy of the Return of Service and file the original with the clerk.

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 6
|SectionHOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER
Filing RequirementsMandatory

Present your motion/declaration ex parte restraining order to the appropriate judge along with your proposed ex-parte restraining order and order to show cause.

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 6
|SectionHOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER
Filing RequirementsMandatory

For a temporary order when no emergency exists, prepare an original and at least two copies of each listed completed form.

Court's wording

you will need an original and at least two copies of the following completed forms: 1. Motion for Temporary Order (WPF DR 4.0100) 2. Declaration in Support of Temporary Order (WPF DR 9.0 1 00) 3. Note for Motion Docket obtain local county form) 4. Temporary Order (W.P.F. DR 4.0250)

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 7
|SectionHOW TO OBTAIN A TEMPORARY ORDER WHEN NO EMERGENCY EXISTS
Filing RequirementsMandatory

Attend the hearing, bring your original proposed Temporary Order, and be prepared to tell the judge why your order should be entered. Bring your copy of the Return of Service (proof of service on the other parent or spouse).

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 7
|SectionHOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER
Filing RequirementsMandatory

If seeking a temporary parenting plan setting the residential placement of your children, complete the Declaration in Support of Proposed Tem- porary Parenting Plan (WPF DR 4.0120) and a Proposed Temporary Parenting Plan (WPF DR 4.0400).

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 8
|SectionHOW TO OBTAIN A TEMPORARY ORDER WHEN NO EMERGENCY EXISTS
Filing RequirementsMandatory

If seeking temporary child support, complete the Child Support Worksheets and Order of Child Support (WPF DR 1.0500).

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 8
|SectionHOW TO OBTAIN A TEMPORARY ORDER WHEN NO EMERGENCY EXISTS
Filing RequirementsMandatory

Fill out the Motion and Declaration for Temporary Order (WPF DR 4.0100): Check the boxes that apply or provide the information that is necessary for any box that you check. If you have requests which are not stated on the form, set them forth in paragraph ”1.9 Other.” Fill out the declaration which follows in that document.

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 8
|SectionHOW TO OBTAIN A TEMPORARY ORDER WHEN NO EMERGENCY EXISTS
Filing RequirementsMandatory

Prepare a ”Note for Motion Docket” according to the form required for your county to establish the time and date for a hearing on your motion for temporary orders.

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 8
|SectionHOW TO OBTAIN A TEMPORARY ORDER WHEN NO EMERGENCY EXISTS
Filing RequirementsMandatory

If requesting temporary financial relief, complete any financial declarations required by your county.

Court's wording

Complete any financial declarations required by your county if any temporary financial relief from the other parent or spouse is being requested (maintenance/child support/attorney fees/litigation costs).

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 8
|SectionHOW TO OBTAIN A TEMPORARY ORDER WHEN NO EMERGENCY EXISTS
Filing RequirementsMandatory

Prepare the Temporary Order (WPF DR 4.0250) with appropriate attachments which reflect the relief you have requested in your motion.

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 8
|SectionHOW TO OBTAIN A TEMPORARY ORDER WHEN NO EMERGENCY EXISTS
Filing RequirementsMandatory

File all original documents (except the original proposed Temporary Order, V/PF DR 4.0250) with the clerk of the superior court.

Filing RequirementsMandatory

At the end of the hearing, fill out the temporary order so it states what the judge ordered. Have the other parent or spouse and the judge sign it.

Filing RequirementsMandatory

Have in your possession the original Temporary Order with the required accompanying documents. Bring a copy of the Return of Service.

Filing RequirementsMandatory

If you are not a lawyer, a judge must approve and sign your subpoena

Wa Yakima Superior:2c9db190e3e99c5cd2eabd74 · p. 1
|SectionHow to subpoena your witnesses
Filing RequirementsImportant

Make sure all papers are consistent with one another.

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 5
|SectionHOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER
Filing RequirementsImportant

The caption for the name of the petitioner, the respondent, and the cause number on these forms will be the same.

Document
Temporary restraining order forms
Placement
Caption
Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 5
|SectionHOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER
Filing RequirementsImportant

Check all boxes that provide the relief you seek or otherwise list the relief desired.

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 5
|SectionHOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER
Filing RequirementsImportant

You must write in the time and date before you file it, the name of the county court, cause number and the address of the courthouse in the space provided on the note.

Filing RequirementsImportant

Make a copy for yourself and the other parent or spouse and have the copy stamped with the date. Be sure to retain a copy of any order that is entered for your records.

Filing RequirementsNote

A court may provide some simple accommodations, such as an assisted listening device, without requiring the Request for Accommodation form.

Filing RequirementsNote

You may at the same time include in your motion and show cause order other relief for non-emergency temporary orders that you are also seek- ing (refer to relief set forth in WPF DR 4.0100).

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 5
|SectionHOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER
Filing RequirementsNote

If the superior court does not grant your ex-parte restraining order and order to show cause, you may still seek the relief you want if you ask for other non-emergency requests for temporary relief in the ex- parte motion.

Wa Yakima Superior:64141002131b8dc2f986e50c · Jul 1997 · p. 6
|SectionHOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER
Filing RequirementsNote

The court must provide and display a notice, translated into Washington State’s most frequently used languages, explaining that language access services are free and how to request them.

Court's wording

To facilitate the ability of LEP and D/HH/DB individuals to request their need for language access services, the Yakima County Superior Court shall provide notice of the availability of language access services translated into Washington State’s most frequently used languages that states: “You have the right to language access services at no cost to you. To request these services, please contact the Yakima County Clerk’s Office, or Superior Court”. Yakima County Superior Court displays this notice on its website and at the following locations:  Elevators  Hallways  Clerk’s Office  Bulletin Boards

Wa Yakima Superior:c97f97e5b60d5e6b7ef0f43e · p. 7
|SectionD. Notice of Availability of Language Access Services
Filing RequirementsNote

Bi-lingual notices at all appropriate points of contact notifying members of the public of their right to request an interpreter or other language assistance at any point during their contact with the court.

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|SectionE. Language identification forms at all points of contact

Filing & Service rules

Filing Timing and Cure Windows

The Certification Form must be filed at the same time as the summons and complaint.

The Certification Form attached as Exhibit B must be filed with the clerk at the time of filing a summons and complaint.

Civil cases

Page 5 | 2. Order; B. DRC Certification of ERPP

The DRC must provide a Certification Form no later than 30 days after the Notice for Mediation is served on the tenant and provided to the DRC.

The DRC shall provide a Certification Form no later than 30 days after the Notice for Mediation was served on the tenant and provided to the DRC.

Civil cases

Page 5 | 2. Order; B. DRC Certification of ERPP

The local DRC must provide the specified ERPP data to the Court Administrator quarterly.

On a quarterly basis, the local DRC shall provide to the Court Administrator the ERPP data/information required by ch. 115, Laws of 2021, Sec. 7 (b)-(f) in a useable and readable format.

Civil cases

Page 6 | C. DRC Reporting Obligations

If the court grants the order, file the original with the superior court clerk immediately.

If the court grants your ex-parte restraining order and order to show cause, ask the superior court clerk for a copy of it, then file the original with the clerk of the superior court immediately.

Page 6 | HOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER

The court will promptly address requests for aids, modifications, and services to ensure access to court proceedings and activities.

Request for Accommodation: The court will promptly address requests for aids, modifications, and services to ensure access to courts, court programs, and court proceedings.

Page 1 | Process

Accommodation requests should be made as far in advance as possible.

Requests should be made as far in advance as possible.

Page 2 | Process

The Court Director will review and respond to interpreter and language access complaints within 10 days.

The Court Director will review and respond to all interpreter and language access complaints within 10 days.

Page 15 | VII. COMPLAINT PROCESS FOR NON-COMPLIANCE; A. Complaints Against Local Court

Review of a complaint does not affect or extend applicable deadlines or procedural requirements, including deadlines for motions, appeals, or modifications.

that its review of the complaint does not, in any way, affect or extend any applicable deadlines or procedural requirements such as filing motions, appeals, modifications, etc.

Page 16 | VII. COMPLAINT PROCESS FOR NON-COMPLIANCE; A. Complaints Against Local Court

Temporary orders may be requested from the day the petition is filed until the decree is finalized.

You may request temporary orders commencing the day you file your petition up until the time a decree is finalized.

Page 2 | GENERAL INFORMATION ABOUT TEMPORARY ORDERS

Tenants must respond within 14 days after receiving the notice to participate; failure to respond may result in an eviction summons and complaint being filed.

Tenants: To participate see below and respond by (date) ! (14 days after this notice is given to tenant) Important! Tenant: Failure to respond to this notice within 14 days may result in the filing of a summons and complaint for an eviction with the court.

Civil cases

Page 8 | Notice and Resource Information

Service and Proof of Service Rules

Landlords must provide the tenant an ERPP-approved eviction-resolution notice before filing an unlawful detainer action.

Section 7(3) requires that the landlord provide an ERPP-approved notice to the tenant of the eviction resolution program prior to filing an unlawful detainer action.

Civil cases

Page 4 | Findings

Before serving or filing a covered unlawful-detainer summons and complaint, the landlord or landlord’s counsel must comply with the specified statutory notice, service, and certification requirements.

Prior to serving or filing a summons and complaint for unlawful detainer for nonpayment of rent incurred during the moratorium and the 6 month period after the moratorium, the landlord or landlord's counsel shall: (i) strictly comply with the notice, service, and certification requirements of Sec. 7(3), (4), and (5) of Chapter 115, Laws of 2021

Civil cases

Page 5 | 2. Order; A. Landlord/Landlord counsel's Obligations regarding Eviction Resolution

Landlords must send copies of the pay-or-vacate notices to the local DRC when serving or mailing the notice to the tenant and should retain proof of service.

At the time of service or mailing of the pay or vacate notice to the tenant, you must also send copies of these notices to the local dispute resolution center serving the area where the property is located (see page 2). You should retain proof of service.

Civil cases

Page 8 | Notice and Resource Information

A copy of all filed documents and pleadings, including a proposed temporary order, must be served on the other parent or spouse, and a completed return of service must be filed with the clerk before the hearing; this may vary by county.

Have someone serve a copy of all filed documents and pleadings (including a proposed temporary order) upon the other parent or spouse and file a completed return of service form with the clerk of the superior court in advance of the hearing. This may not apply in all counties.

Page 3 | HOW TO OBTAIN A TEMPORARY ORDER WHEN NO EMERGENCY EXISTS

The ex parte order and the proposed temporary order must be served on the other parent or spouse, subject to county-specific variation.

A copy of this order, along with a copy of the Proposed Temporary Order (WPF DR 4.0250) you wish to have the court approve, must be served upon the other parent or spouse (this may not apply in all counties).

Page 4 | HOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER

Have someone else who is over the age of 18 serve a copy of the Mo- tion/Declaration Ex-Parte Restraining Order (WPF DR 4.0150), the Ex-Parte Restraining Order and Order to Show Cause (WPF DR 4.0170), and your Proposed Temporary Order (WPF DR 4.0250) on the other parent or spouse well in advance of the hearing date. While local rules should be consulted, this generally requires service anywhere from at least six court days prior to the hearing, not including the day the papers are served or Saturday, Sunday or holidays, to 14 calendar days.

Have someone else who is over the age of 18 serve a copy of the Mo- tion/Declaration Ex-Parte Restraining Order (WPF DR 4.0150), the Ex-Parte Restraining Order and Order to Show Cause (WPF DR 4.0170), and your Proposed Temporary Order (WPF DR 4.0250) on the other parent or spouse well in advance of the hearing date. While local rules should be consulted, this generally requires service anywhere from at least six court days prior to the hearing, not including the day the papers are served or Saturday, Sunday or holidays, to 14 calendar days.

Page 6 | HOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER

The server must complete and file a Return of Service.

The person serving the papers must complete and file a Return of Service (WPF DR 1.0250).

Page 6 | HOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER

You may not serve the papers on the other party yourself.

YOU MAY NOT SERVE THE PAPERS ON THE OTHER PARTY YOURSELF.

Page 7 | HOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER

If any party receives public assistance, serve the State of Washington, Division of Child Services or obtain its signature on the Temporary Order of Child Support before presenting the order to the court for signature.

If any of the parties are on public assistance, you must also serve the State of Washington, Division of Child Services or obtain their signature on the Temporary Order of Child Support before presenting it to the court for signature.

Page 8 | HOW TO OBTAIN A TEMPORARY ORDER WHEN NO EMERGENCY EXISTS

Allow enough time for service so the other parent or spouse receives the prior notice required by county court rules.

Be sure to allow sufficient time to permit service upon the other parent or spouse, so he or she receives appropriate prior notice according to court rules in your county.

Page 9

Mailing the papers must comply with local court rules and requires filing a Return of Service.

Mailing also requires compliance with local court rules and filing of a Return of Service (WPF DR 1.0250).

Page 9

When temporary-order papers are filed with the summons and petition, serve all documents at the same time.

If the tem- porary order papers are being filed with the summons and petition, serve all documents at the same time.

Page 9

If requesting temporary orders after the petition has been served, mail the papers to the other parent or spouse usually at least ten days before the hearing.

If you are requesting temporary orders after your petition has been served, mail your papers to the other parent or spouse usually at least ten days prior to the date of the hearing.

Page 9

Some counties require more advance mailing notice; the text gives 18 days before the hearing in King County as an example.

In some counties, this could be longer, i.e., l 8 days prior to the hearing in King County.

Page 9

Have someone over age 18 serve the other parent or spouse with copies of all filed papers, including the proposed temporary order, well before the hearing.

Have another person over the age of 1 8 serve the other parent or spouse with a copy of all papers you have filed (including a copy of your proposed temporary order) well in advance of the hearing date.

Page 9

The server must complete a Return of Service, and you must file its original with the superior court clerk and make a copy.

The person serving the papers must complete, and you must file, a Return of Service (WPF DR 1.0250). Make a copy of the Return of Service and file the original with the clerk of the superior court.

Page 9

If a Zoom appearance is allowed, deliver all proposed exhibits to the court and opposing party before trial.

If Zoom appearance is allowed, deliver all your proposed exhibits to the court and the opposing party ahead of time before your trial.

Page 1 | If anyone needs to appear by Zoom

Bring at least three copies of documents to court—one for yourself, one for the opposing side, and one for the court—and give a copy to the opposing side.

Bring documents (like paystubs, photos, or tax records) to the courtroom. Bring at least 3 copies (one for you, one for the opposing side, and one for the court). Show them to the clerk so they can be labeled (marked). Give a copy to the opposing side.

Page 1 | How to present evidence

Serve the subpoena on your witnesses.

Serve the subpoena on your witnesses

Page 1 | How to subpoena your witnesses

Choose a hearing date far enough in the future for the other parent or spouse to receive the papers well before the hearing.

Pick a date far enough away so that the other parent or spouse will receive the papers welt in advance of the hearing.

Page 9

You do not need to notify anyone in the case about an accommodation request.

You do not need to notify anyone in the case about your request for accommodation.

Page 2 | Procedure for Requesting Accommodation

Sealing & Redaction Procedures

Medical and other health information must be filed under seal and may not be accessed by others without a court order.

If you provide medical and other health information, it must be filed under seal so that only you and the court can read it. No one else can have access to your information unless they get a court order that allows access.

Page 2 | Procedure for Requesting Accommodation

Deferred-disposition records must be sealed no later than 30 days after the juvenile’s 18th birthday if no charges are pending then.

Records of deferred disposition cases are to be sealed no later than 30 days after the juvenile’s 18th birthday, provided that the juvenile does not have any charges pending at that time.

Page 1 | Juvenile Court Records

A person who is the subject of the specified juvenile information or diversion complaint may move to seal the juvenile court file and related records.

A person who is the subject of an information filed under RCW 13.40.100 or a complaint filed with the prosecutor and referred for diversion under RCW 13.40.070 may file a motion to have the court order the sealing of the juvenile court file and other records relating to his or her case.

Page 1 | Juvenile Court Records

A motion to seal records for a qualifying class A offense may not be granted unless the listed five-year, pending-proceeding, sex-offense, and restitution conditions are satisfied.

The court is not to grant a motion to seal records for class A offenses filed on or after July 1, 1997 unless: • Since the last date of release from confinement, including full-time residential treatment, or entry of disposition, the person has spent five consecutive years in the community without committing an offense or crime resulting in an adjudication or conviction; • No proceeding seeking conviction for a juvenile or criminal offense is pending against the person; • No proceeding seeking formation of a diversion agreement is pending; • The person has not been convicted of a sex offense; and • Full restitution has been paid.

Page 1 | Juvenile Court Records

A motion to seal records for the listed offenses and diversions may not be granted unless the listed two-year, pending-proceeding, sex-offense, and restitution conditions are satisfied.

The court is not to grant a motion to seal records for class B, class C, gross misdemeanor, and misdemeanor offenses and diversions unless: • Since the date of last release from confinement, including full-time residential treatment, entry of disposition, or completion of the diversion agreement, the person has spent two consecutive years in the community without being convicted of any offense or crime; • No proceeding seeking conviction for a juvenile or criminal offense is pending; • No proceeding seeking formation of a diversion agreement is pending; • The person has not been convicted of a sex offense; and • Full restitution has been paid.

Page 1 | Juvenile Court Records

The court must grant a request to seal deferred-disposition records if the juvenile turned 18 before July 26, 2009 and has no pending charges.

If a juvenile has reached his or her 18th birthday before July 26, 2009 and does not have any charges pending, his or her request that the court issue an order sealing the records of the deferred disposition is to be granted.

Page 2 | Juvenile Court Records

A court record may be sealed after a conviction is vacated or when compelling privacy or safety concerns outweigh the public interest in access.

Under General Rule 15, sealing a court record may be ordered when a conviction has been vacated or when the court finds that compelling privacy or safety concerns outweigh the public interest in access to the record.

Page 2 | Adult Court Records

A motion to seal records for the listed offenses and diversions may not be granted unless the stated two-year community period and all other listed conditions are satisfied.

The court is not to grant a motion to seal records for class B, class C, gross misdemeanor, and misdemeanor offenses and diversions unless: • Since the date of last release from confinement, including full-time residential treatment, entry of disposition, or completion of the diversion agreement, the person has spent two consecutive years in the community without being convicted of any offense or crime; • No proceeding seeking conviction for a juvenile or criminal offense is pending; • No proceeding seeking formation of a diversion agreement is pending; • The person has not been convicted of a sex offense; and • Full restitution has been paid.

Page 1 | Juvenile Court Records

Deferred-disposition records must be sealed within 30 days after the juvenile turns 18 if no charges are pending then.

Records of deferred disposition cases are to be sealed no later than 30 days after the juvenile’s 18th birthday, provided that the juvenile does not have any charges pending at that time.

Page 1 | Juvenile Court Records

A person who is the subject of the specified juvenile information or diversion complaint may move to seal the juvenile court file and related records.

A person who is the subject of an information filed under RCW 13.40.100 or a complaint filed with the prosecutor and referred for diversion under RCW 13.40.070 may file a motion to have the court order the sealing of the juvenile court file and other records relating to his or her case.

Page 1 | Juvenile Court Records

A motion to seal records for a covered class A offense may not be granted unless the stated five-year community period and all other listed conditions are satisfied.

The court is not to grant a motion to seal records for class A offenses filed on or after July 1, 1997 unless: • Since the last date of release from confinement, including full-time residential treatment, or entry of disposition, the person has spent five consecutive years in the community without committing an offense or crime resulting in an adjudication or conviction; • No proceeding seeking conviction for a juvenile or criminal offense is pending against the person; • No proceeding seeking formation of a diversion agreement is pending; • The person has not been convicted of a sex offense; and • Full restitution has been paid.

Page 1 | Juvenile Court Records

A court may order a record sealed after a conviction is vacated or upon finding that compelling privacy or safety concerns outweigh the public interest in access.

Under General Rule 15, sealing a court record may be ordered when a conviction has been vacated or when the court finds that compelling privacy or safety concerns outweigh the public interest in access to the record.

Page 2 | Adult Court Records

A request to modify or seal a court record must be directed to the court holding that record.

A request to modify, seal, or destroy a court record must be directed to the court in which that record is filed.

Page 2 | CRIMINAL HISTORY RECORDS

Identifying information, including photographs and fingerprints, is not subject to sealing or destruction.

Identifying information, however, is not subject to sealing or destruction. Identifying information includes photographs, fingerprints, and any other data that identifies a person by name, birth date, address, or physical characteristics.

Page 2 | Juvenile Records

The court determines whether to seal the written decision.

Sealing Decision. The court will determine whether or not to seal the written decision.

Page 3 | Sealing Decision

Sealing a juvenile record removes references to the arrest and disposition from State Patrol records, but identifying information such as photographs, fingerprints, and identifying personal data is not subject to sealing or destruction.

A court order to seal a juvenile record results in the removal of references to his or her arrest and disposition from the records maintained by the State Patrol. Identifying information, however, is not subject to sealing or destruction. Identifying information includes photographs, fingerprints, and any other data that identifies a person by name, birth date, address, or physical characteristics.

Page 2 | Juvenile Records

Pre-Motion Conference Requirements

Landlords must try to reach an agreement with tenants about unpaid rent before seeking eviction in court.

The law requires landlords to try to reach agreements with tenants about unpaid rent before they can ask for eviction in court.

Civil cases

Page 8 | What is the Eviction Resolution Program (ERP)?

If the tenant participates, the landlord must work with the tenant and a local DRC specialist; mediation is offered if the problem remains unresolved and occurs only if both sides agree.

If you participate, your landlord must work with you and a specialist from your local Dispute Resolution Center (DRC). If that solves the problem, great! If not, the DRC will offer free mediation. Mediation is voluntary – it only happens if both sides agree to do it.

Civil cases

Page 8 | What is the Eviction Resolution Program (ERP)?

Adjournment & Extension Requirements

For evidentiary matters, the court must reschedule the hearing until a court-certified interpreter can be present, in person or remotely.

When evidentiary matters are before the court, the court shall reschedule the hearing until a court-certified interpreter is available either in person or remote, whether located in-state or out-of-state, can be present for the hearing.

Page 9 | II. COURT POLICY REGARDING LANGUAGE ACCESS SERVICES

If a tenant is referred for appointed counsel, the court may continue the initial hearing as appropriate to allow the tenant to receive assistance from assigned counsel.

If a tenant is referred for appointment of counsel, the Court may continue the initial hearing as appropriate to allow the litigant to receive assistance from assigned counsel within appropriate timeframes as allowed by law.

Civil cases

Page 6 | D. Initial Hearing Procedures for Unlawful Detainer Cases; i.

For a landlord’s noncompliance with notice, service, or certification-filing requirements, the court may grant or deny a continuance as a sanction.

Sanctions available for the landlord's noncompliance with notice, service, or certification filing requirements include but are not limited to: awarding attorney's fees and costs, granting or denying a continuance, or redirecting the parties back to the DRC for attempted resolution.

Civil cases

Page 6 | D. Initial Hearing Procedures for Unlawful Detainer Cases; ii.

In the event no interpreter is available locally, in person or by remote means, the court or designated authority will weigh the need for moving forward with the proceeding against any possible negative consequences to the LEP or D/HH/DB person’s ability to effectively participate in the proceedings, as may be allowed by Washington Court rule or law.

In the event no interpreter is available locally, in person or by remote means, the court or designated authority will weigh the need for moving forward with the proceeding against any possible negative consequences to the LEP or D/HH/DB person’s ability to effectively participate in the proceedings, as may be allowed by Washington Court rule or law.

Page 9 | II. COURT POLICY REGARDING LANGUAGE ACCESS SERVICES

Chambers Communication Rules

If the court grants the order, request a copy from the superior court clerk and immediately file the original with that clerk.

If the court grants your ex-parte restraining order and order to show cause, ask the superior court clerk for a copy of it, then file the original with the clerk of the superior court immediately.

Page 6 | HOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER

Direct a request to modify, seal, or destroy a court record to the court where the record is filed.

A request to modify, seal, or destroy a court record must be directed to the court in which that record is filed.

Page 2 | COURT RECORDS

Call the superior court clerk’s office to find out when temporary-order motions are heard.

call the superior court clerk’s office to find out when motions for tem- porary orders in dissolution matters are heard.

Page 9

For information about a court record, contact the city or county court where the case was filed.

For information about a court record, contact the city or county court where the case was filed. This may be a municipal, district, juvenile, or superior court.

Page 1 | COURT RECORDS

A court can address requests only about cases filed there; make a separate inquiry to each court if your cases are in multiple courts.

But a court can only address requests about cases filed in that court. If you have cases in more than one court, you must make a separate inquiry to each court.

Page 1 | COURT RECORDS

A separate inquiry must be made to each court where the person has a case.

If you have cases in more than one court, you must make a separate inquiry to each court.

Page 1 | COURT RECORDS

Call the court administrator at 509-574-2710 to find out whether a Zoom appearance is possible.

Contact the court administrator at 509-574-2710 to find out if Zoom appearance is possible for your case.

Page 1 | If anyone needs to appear by Zoom

If no court contact is listed, contact the presiding judge.

If no one is listed above, contact the presiding judge of the court.

Page 1 | Court Contact

If you cannot complete the form or have questions, talk to the listed court contact.

If you cannot fill out the form or have questions, talk to the court contact listed above.

Page 2 | Procedure for Requesting Accommodation

Contact the clerk’s office to learn when domestic ex parte matters are heard.

Contact the clerk’s office to find out when domestic ex-parte matters are heard.

Page 6 | HOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER

Requests for interpreters and other language access services may be directed to the designated Interpreter Coordinator.

Yakima County Superior Court has designated an Interpreter Coordinator named on page 16 of this document as the person responsible for coordinating language access services and to whom requests for interpreters and other language access services may be addressed.

Page 4 | IV. LANGUAGE ASSISTANCE IDENTIFICATION AND RESOURCES — A. Designated Language Access Office

People and organizations needing language access services may contact the Interpreter Coordinator for assistance or information.

LEP and D/HH/DB individuals, attorneys, justice partners, government agencies, and any other entities in need of language access services for court programs or activities or to acquire such services or information for themselves or their clients, may contact the Interpreter Coordinator named on page 16.

Page 5 | A. Designated Language Access Office

Court protocols provide for justice partners to communicate participants’ language-access needs to appropriate court staff, with court-responsibility services reported as early as possible.

To ensure the earliest possible identification of the need for language access services, the Yakima County Superior Court has established internal protocols with the various justice partners which routinely interact with this court for these partners to communicate to the appropriate court staff the needs of LEP or D/HH/DB participants who will interact with the court. While justice partners themselves may be under separate legal obligation to provide language access services to their clients, the court will be notified of any services that fall under the responsibility of the court as early as possible so services may be provided in a timely and efficient manner.

Page 6 | C. Identifying Language Needs at Points of Access

Individuals may contact the Clerk’s Office or Superior Court to request language access services.

To request these services, please contact the Yakima County Clerk’s Office, or Superior Court

Page 7 | D. Notice of Availability of Language Access Services

To obtain information about a court record, contact the city or county court where the case was filed.

For information about a court record, contact the city or county court where the case was filed. This may be a municipal, district, juvenile, or superior court.

Page 1 | COURT RECORDS

Common questions about Judge Kevin Naught's rules

Does Judge Kevin Naught require a pre-motion conference or letter before filing a motion?

Landlords must try to reach an agreement with tenants about unpaid rent before seeking eviction in court.

View ruleSource: page 8, section What is the Eviction Resolution Program (ERP)?

What formatting rules apply to filings before Judge Kevin Naught?

Judge Kevin Naught's formatting rule includes the erpp data/information must be provided in a useable and readable format.. The DRC’s ERPP data submission must be in a usable and readable format.

View ruleSource: page 6, section C. DRC Reporting Obligations

What must be included with erpp notice filings before Judge Kevin Naught?

Landlords must use the AOC-developed form notice for the ERPP notice to tenants.

View ruleSource: page 4, section Findings

What must be included with summons and complaint filings before Judge Kevin Naught?

The Exhibit B Certification Form must be filed with the clerk when the summons and complaint are filed.

View ruleSource: page 5, section 2. Order; B. DRC Certification of ERPP

How may parties contact Judge Kevin Naught's chambers?

If the court grants the order, request a copy from the superior court clerk and immediately file the original with that clerk.

View ruleSource: page 6, section HOW TO OBTAIN AN EMERGENCY (EX PARTE) RESTRAINING ORDER

How does Judge Kevin Naught handle sealed or redacted filings?

Medical and other health information must be filed under seal and may not be accessed by others without a court order.

View ruleSource: page 2, section Procedure for Requesting Accommodation

How do I request an adjournment or extension before Judge Kevin Naught?

For evidentiary matters, the court must reschedule the hearing until a court-certified interpreter can be present, in person or remotely.

View ruleSource: page 9, section II. COURT POLICY REGARDING LANGUAGE ACCESS SERVICES

What filing deadlines does Judge Kevin Naught set?

The DRC must provide a Certification Form no later than 30 days after the Notice for Mediation is served on the tenant and provided to the DRC.

View ruleSource: page 5, section 2. Order; B. DRC Certification of ERPP

What rule applies to service for erpp approved notice before Judge Kevin Naught?

Details: recipient: the opposing party. Landlords must provide the tenant an ERPP-approved eviction-resolution notice before filing an unlawful detainer action.

View ruleSource: page 4, section Findings
Complete rules summary for Judge Kevin Naught

Landlords must provide the tenant an ERPP-approved eviction-resolution notice before filing an unlawful detainer action.

Landlords must use the AOC-developed form notice for the ERPP notice to tenants.

Before serving or filing a covered unlawful-detainer summons and complaint, the landlord or landlord’s counsel must comply with the specified statutory notice, service, and certification requirements.

The DRC must provide a Certification Form no later than 30 days after the Notice for Mediation is served on the tenant and provided to the DRC.

The Exhibit B Certification Form must be filed with the clerk when the summons and complaint are filed.

The Certification Form must be filed at the same time as the summons and complaint.

The local DRC must provide the specified ERPP data to the Court Administrator quarterly in a usable and readable format.

The local DRC must provide the specified ERPP data to the Court Administrator quarterly.

The DRC’s ERPP data submission must be in a usable and readable format.

If a tenant is referred for appointed counsel, the court may continue the initial hearing as appropriate to allow the tenant to receive assistance from assigned counsel.

For a landlord’s noncompliance with notice, service, or certification-filing requirements, the court may grant or deny a continuance as a sanction.

Landlords must try to reach an agreement with tenants about unpaid rent before seeking eviction in court.

If the tenant participates, the landlord must work with the tenant and a local DRC specialist; mediation is offered if the problem remains unresolved and occurs only if both sides agree.

Landlords must complete page 1 with all known information, including their own information and their attorney's information if they have one.

Landlords must send copies of the pay-or-vacate notices to the local DRC when serving or mailing the notice to the tenant and should retain proof of service.

Tenants must respond within 14 days after receiving the notice to participate; failure to respond may result in an eviction summons and complaint being filed.

Accommodation requests should be made as far in advance as possible.

A person requesting accommodation should complete the Request for Accommodation form.

Return the request form and any documents for the court to consider to the court contact.

The court may provide some simple accommodations without requiring the Request for Accommodation form.

If you cannot complete the form or have questions, talk to the listed court contact.

If no court contact is listed, contact the presiding judge.

You do not need to notify anyone in the case about an accommodation request.

Medical and other health information must be filed under seal and may not be accessed by others without a court order.

Medical and health information submitted with an accommodation request must be attached to the specified GR 33 cover sheet.

The court will promptly address requests for aids, modifications, and services to ensure access to court proceedings and activities.

Before denying an accommodation on fundamental-alteration or undue-burden grounds, the court must consider available resources and provide a written statement of its reasons.

When denying an accommodation, the court must state its reasons, including why the proceeding cannot continue without prejudice, and inform the requester of the right to file an ADA complaint.

The court determines whether to seal the written decision.

Temporary orders may be requested from the day the petition is filed until the decree is finalized.

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