[WSBAPT] Current emergency orders re non-family law civil matters, mostly King County but some statewide relevance

Thu Mar 19 16:32:57 PDT 2020

Eric,

I was on the telephone presentation from Commissioners Judson and Moore today, and the short answer is that ex-parte via the clerk is shut down, no orders except emergency (health, safety, life) will be signed. No new probates, guardianships, adoption or divorce orders, and any orders submitted will be denied with no refund of the clerk's fee.

E-Filing is still OK.

They are not rescheduling hearings (at least in ex-parte) at this time.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image003.jpg at 01D5FE0C.0B5944C0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Thursday, March 19, 2020 2:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBAPT] Current emergency orders re non-family law civil matters, mostly King County but some statewide relevance

All-I just put this together for my firm and thought I would pass it along.

DISCLAIMERS:

  1.  Virtually everything below from Seattle or King County is or may be moot in light of yesterday's Supreme Court Order, attached, which says, "2. All non-emergency civil matters shall be continued until after April 24, 2020." I think there is still a lot of confusion about how to interpret this. Or I'm confused, anyway. Questions I don't have answers for but wish I did:
     *   In King County, is Ex Parte via the Clerk completely shut down except for non-emergency?
     *   Does this mean we can't start a probate right now?
     *   Can we e-file non-emergency documents with the clerk since that doesn't involve sending someone to the courthouse, or does even e-filing interfere with the clerk's office's focus on emergency matters?
     *   Can I contact a judge's bailiff to set a hearing for after April 24?

  1.  I practice almost entirely in King County and in Seattle so I stayed focused on that. Of course you should all read the relevant orders yourself; this is just my attempt to wrap my head around the multiple orders coming from City of Seattle, King County Sheriff, King County Superior Court, and Washington Supreme Court.

  1.  There are lots of orders relating to criminal matters, and I didn't try to summarize them. Same thing with family law-there's a lot involving UFC and regular Ex Parte and any and all family law related cases that I didn't attempt to summarize. Guardianships-See KCSC order #4, the memo attached has a lot of information on handling GRD proceedings. This is mainly focused on what I thought was relevant to probate and real estate.

The orders and proclamations:

SEATTLE - moratorium on small business and nonprofit evictions for 60 days, through May 16 (Mayor's proclamation of March 17<https://durkan.seattle.gov/wp-content/uploads/sites/9/2020/03/Civil-Emergency-Order-Moratorium-on-Small-Business-Tenant-Evictions-3.17.20.pdf>)
KING COUNTY - residential eviction hearings, motions, trials, stayed and suspended until March 30 (KCSC order #9, March 18<https://www.kingcounty.gov/courts/superior-court.aspx>)
KING COUNTY - sheriff has suspended enforcement of all eviction orders "not related to public safety or nuisance." (KCSC order #8, March 17<https://www.kingcounty.gov/courts/superior-court.aspx>)
KING COUNTY - all civil pre-trial hearings shall be heard telephonically only (KCSC order #4, March 13<https://www.kingcounty.gov/courts/superior-court.aspx>)
KING COUNTY - Ex Parte - no walk-ins permitted. Use the Ex Parte via the Clerk online system, or if you need to submit an original Will send materials by messenger to Ex Parte via the Clerk. Hearings by telephone only-contact the clerk as early as possible to coordinate the conference line that you should call in to. (KCSC order #4, March 13, attached memo<https://www.kingcounty.gov/courts/superior-court.aspx>)
STATEWIDE -- non-emergency civil matters suspended through April 24 (WASC order of March 18<https://www.courts.wa.gov/opinions/index.cfm?fa=opinions.scorders>)
STATEWIDE - emergency civil proceedings before April 24 must be heard telephonically or other means that does not require in-person attendance, "unless impossible" (WASC order of March 18<https://www.courts.wa.gov/opinions/index.cfm?fa=opinions.scorders>)

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Note - Attorneys and Staff Working Remotely Due to COVID-19

As we face the quickly changing circumstances presented by COVID-19, our firm wants to update you as to the steps that we are taking at Sayre Law Offices.  Our top priority is the health and safety of our employees, clients, colleagues and friends, and all of their families and communities.

In order to slow the spread of the COVID-19 virus while still serving our clients, our attorneys are working remotely.  During this time, our attorneys are able to make and receive telephone calls; access all of our documents and servers; and access emails and voicemails.  Our Seattle and Vashon offices remain open with limited staffing to maintain critical functions, and to route phone calls, mail, and deliveries.  Our Olympia office is closed.  Attorney/client meetings will be handled by teleconference where able, and signatures for estate planning or real estate transactions/closings will be handled on a case-by-case basis.  Many of the local courts have postponed trials and hearings, or are moving them to telephonic proceedings only.  We are keeping up to date on those court closures and changes, and will advise each client, accordingly.

We will continue to monitor the situation and recommendations from the CDC and state and local health departments and will respond accordingly.  Be assured that we will continue to advise and support our clients throughout this health emergency.

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