In response to the COVID-19 pandemic, state and federal courts in Oregon and Washington have enacted numerous administrative and case management policy changes. Below is a summary of the most significant changes adopted in the courts where Lane Powell most frequently practices.
Washington State Courts
Information on impacts to all Washington state courts can be found here.
Superior Courts:
King County
- Civil trials set between March 16 and June 8 are stricken and will be reset to on or after June 8. Parties may file stipulated agreements/motions or request status conferences with the judge after April 24. After June 8, civil trials may be delayed to prioritize criminal and family law trials.
- All current non-emergency motions are denied without prejudice (with below exceptions) and may be renoted to after April 24.
- Pending and agreed motions will be decided by assigned judges. Motions to reconsider/revise may be filed, but will not be decided until after April 24.
- Ex parte will only hear domestic violence protection orders, sexual assault protection orders, vulnerable adult protection orders and extreme risk protection orders.
- Residential unlawful detainer hearings, motions and trials are stayed until March 30. Commercial unlawful detainers are proceeding otherwise. Eviction enforcement is suspended indefinitely.
- In any civil motion, family law hearing, civil protection order hearing, civil preliminary proceeding or criminal matter, judicial officers may order telephonic testimony and argument. This does not apply to trials. Counsel may agree to telephonic trials.
Benton/Franklin County
- No jury trials will be conducted until May 1. Current trials will be stricken and reset after April 24.
- The civil calendar is cancelled through May 1. No matters will be heard without extraordinary reasons authorized by the presiding judge.
- For matters from March 16 to April 24 that were cancelled, parties may renote to a calendar beginning May 4, according to court rules.
- For matters cancelled between March 20 through May 1, court clerks shall reset them for six weeks from their current date subject to a written stipulation of the parties and order of the court (setting different dates after May 1). Civil case managers may issue a new case schedule order upon agreement of the parties or court order if the trial is set for after May 1.
- Emergency motions may be filed in any type of case, but will be heard telephonically.
Clark County
- All jury trials will be suspended through April 24, except those already in progress. All criminal jury trials and civil jury trials not yet in session are continued until at least April 27. All criminal, civil and family law bench trials are canceled. Jury trials in session as of March 18 shall be decided by the assigned judge. Trials set between March 18 and April 27 are stricken and will be reset by the assigned judge.
- Starting March 18 at 1:00 p.m., ex parte will remain open for agreed and emergency orders.
Island County
- Civil jury trials will not be set until August 1.
- All non-emergency civil matters are continued to after April 24. Emergencies include TROs and preliminary injunctions. But the latest emergency order states that no further continuances of civil matters are required since all civil matters can be conducted telephonically.
Kitsap County
- All non-emergency civil and family law matters are continued until after April 24.
- Trials shall be continued approximately 28 days from the date the trial is set to a date set by the clerk.
- Agreed/unopposed orders may be submitted electronically. The court will attempt to review all agreed/unopposed submissions within 48 hours of receipt.
- Emergency hearings will be conducted electronically (by telephone or video).
- For unlawful detainer, the following matters shall be considered for an emergency hearing for unlawful detainer purposes: three-day notices for criminal activity; 10-day notices for matters affecting the health and safety of other tenants. Statements may be taken by sworn declaration. Orders presented and writs issued shall recite the basis for an emergency hearing and eviction.
Pierce County
- All trials are continued until April 24.
- Civil bench trials set through April 24 will be held voluntarily and may be telephonic. No subpoenas to witnesses to testify may issue; all witnesses must appear voluntarily. Continuances will be granted.
- For trials set after April 24, continuances for trial dates will be liberally granted.
- All settlement conferences through April 24 are stricken.
Snohomish County
- All parties shall only note matters of an emergent nature on the Court Commissioner calendars and the Judges’ Civil Motion Calendar.
- At this time, the maximum number of cases that will be confirmed on any Court Commissioner calendar is eight. Any cases attempting to be confirmed after eight have been confirmed on any particular day shall either be moved by agreement to a different calendar or the matter shall be stricken and will need to be re-noted for hearing. All commissioner civil motions are now telephonic.
- At the sole discretion of the Judge assigned to a Civil Motions Calendar, the number of matters which may be permitted to be confirmed may be limited. If a matter is unable to be confirmed due to a limit, the matter shall either be continued by agreement to a new date or the matter will be stricken and will need to be re-noted. All motions are without oral argument unless the judge specifically requests telephone or in-person appearance.
- Eviction orders for nonpayment of rent are suspended until April 17. For commercial properties or evictions related to criminal behavior, evictions may continue subject to safety considerations.
- Civil jury trials are continued until June 1.
- Any trial that is court confirmed or that is timely confirmed for trial will automatically be continued to a new trial date beyond April 24, on the date currently set for trial. Any matter that is not timely confirmed will be stricken and any party may file a new note for trial setting.
Spokane County
- All civil case schedule order deadlines are stayed pending further order, absent written agreements between parties.
- Absent written agreement or emergency circumstances, all civil discovery is stayed pending further order.
- Unlawful detainer evictions are stayed until April 27.
- No civil jury trials will be held until at least May 26. Civil trials set before April 24 are continued to a new trial date after May 26.
- All civil pretrial hearings will be telephonic or rescheduled.
- Civil motions will be held telephonically or decided on the briefing at the Judge’s discretion.
- Bench trials are continued until April 13.
- Parties are encouraged to submit ex parte orders to the clerk’s office; the ex parte fee is waived through April 24.
- The court will hear emergency ex parte motions. Examples include protection orders and restraining orders.
- Unlawful detainer hearings should be rescheduled for after April 13.
Thurston County
- Emergency civil matters on civil cases that are not Family and Juvenile cases will be heard only by court order.
- Civil calendars will only hear emergent/time sensitive matters. Non-emergent matters will be stricken. Emergent matters will be heard telephonically or on the briefs. Scheduled dispositive motions may be stricken or considered at the court’s discretion. Administrative law reviews will be rescheduled.
- All jury trials are suspended.
- A calendar schedule can be found here.
- Emergency procedures have been extended to May 15.
- Non-emergency unlawful detainers will be set after May 15; matters set before May 15 are stricken. Emergency unlawful detainers shall be set through ex parte.
- Civil ex parte is available for true emergencies, and will be conducted telephonically.
- Emergency civil matters will be heard by court order only.
Appellate Courts:
Washington Court of Appeals Division I
- The court and clerk’s office are closed and all in-person hearings are suspended until further order of the court.
Washington Court of Appeals Division II
- The court is closed to the public until May 5. Oral arguments for April and May are canceled. Those cases will be decided without oral argument unless the parties notify the court that oral argument is essential. Then the court will either arrange a telephonic argument or continue the argument.
- Commissioner hearings through May 29 will be heard telephonically.
- Any order requiring in-court hearings in trial courts are suspended or tolled.
Washington Court of Appeals Division III
- All in-person oral arguments are canceled until further notice. Parties to cases currently scheduled for in-person argument will be notified as to whether their cases will be considered without oral argument or telephonically.
Oregon State Courts
Information on impacts to all Oregon state courts can be found here.
The following restrictions apply statewide to the Oregon Supreme Court, the Oregon Appellate Courts, Oregon Circuit Courts, the Oregon Tax Court, the State Court Administrator’s office and its Divisions.
- Jury Trials
- Civil Jury Trials: All civil jury trials scheduled to begin from March 19–March 27 are postponed, no motion necessary. No new civil jury trials shall be scheduled during this time.
- Criminal Jury Trials: Absent a party’s motion to postpone such a trial, the court shall not postpone such trials unless it determines that postponement will not violate a statutory or constitutional right.
- Forcible Entry and Detainer Proceedings
- All first appearances shall be postponed without the need for a motion. All parties who are required to appear on the date set by summons shall be deemed to have appeared, and no answer shall be required at that time. When the date for first appearance is rescheduled by the court, all parties shall appear at such first appearances in person on the date set.
- All trials shall be postponed. A landlord that wishes to have the court enter an order that a defendant pay rent pending trial must file a motion for such an order.
- All Other Trials and Hearings
- Generally, any other in-person hearings or trials from March 19–March 27 are postponed and new hearings or trials will not be scheduled during this period.
Circuit Courts:
Multnomah County
- All civil jury trials scheduled to begin from March 19–March 27 are postponed until after April 30. No new civil jury trials shall be scheduled during this time.
- Ex parte matters will be heard in the mornings only, and appearances should be made electronically. Ex parte matters should be brought only if delay would violate a statutory or constitutional right, jeopardize public health or safety, or would result in imminent irreparable harm.
- Civil cases with pending deadlines to avoid dismissal for want of prosecution before April 30 shall receive an automatic 60-day extension from the due date.
- For more details, see here.
Clackamas County
- All civil jury trials scheduled to begin from March 19–March 27 are postponed until after April 30. No new civil jury trials shall be scheduled during this time.
- For more details, see here.
Washington County
- Washington County has not adopted any changes for civil matters beyond the statewide guidance discussed above.
- For more details, see here.
Appellate Courts:
Oregon Court of Appeals
- All oral arguments scheduled between March 17 and March 27 are cancelled.
Federal Courts
U.S. District Court for the Western District of Washington
- Seattle and Tacoma courthouses are closed to the public unless otherwise noted.
- All civil and criminal hearings and trial dates in these courthouses scheduled to occur prior to June 1 are continued pending further order. The court may proceed with video or telephonic conferences at discretion of judge.
- Individual judges may conduct emergency matters in the Seattle and Tacoma courthouses if necessary. Those required to attend will be allowed entry.
- The emergency order does not affect motions that may be resolved without oral argument.
U.S. District Court for the Eastern District of Washington
- All hearings in civil and criminal cases scheduled for in-court appearances through April 14 are vacated and all associated case management deadlines related to those affected civil and criminal cases are suspended pending further order.
- Hearings set for telephonic appearance or set without oral argument are unaffected.
U.S. District Court for the District of Oregon
- All civil and criminal jury selections and jury trials scheduled to begin before April 26 are continued pending further order.
- All other civil and criminal matters scheduled for an in-court appearance before April 26, including any associated deadlines, are continued, unless otherwise ordered by the Presiding Judge or if all parties and the Presiding Judge agree to resolve the matters without oral argument, or via telephone or video teleconferencing where practicable.
- Case-by-case exceptions to these continuances may be ordered for non-jury matters by the Presiding Judge after consultation with counsel.
- Civil or criminal motions that can be resolved without oral argument will proceed as scheduled.
- For more details, see here.
U.S. Court of Appeals for the Ninth Circuit
- Arguments currently scheduled in March, April and May are being evaluated one at a time, and orders will issue in those cases giving direction to the parties. Panels may exercise their discretion under the rules to submit cases without argument; to postpone argument to a later date; or to hold argument via telephone or video. When argument is held, it will be live-streamed to facilitate public access.
- Because the national response to the pandemic has disrupted services of all kinds, the court will extend non-jurisdictional filing dates as needed. Due dates for notices of appeal, petitions for review and any document that confers jurisdiction on this court, are set by statute or rule and are unaffected.
- If a party needs an extension of time to file a brief due to circumstances related to the COVID-19 virus, an automatic 60-day extension will be granted, except for cases that have been previously expedited or that have already been assigned to panels. Any request for an extension to file a brief after this automatic 60-day period must be made by written motion.