[WSBARP] Current emergency orders re non-family law civil matters, mostly King County but some statewide relevance
Eric Nelsen
Eric at sayrelawoffices.com
Fri Mar 20 15:54:31 PDT 2020
King County has filed an amended Order #11 to indeed confirm that agreed orders will be signed "by the assigned IC Judge" per B.4. Ex Parte, even via the Clerk, is still a no-go for non-emergency matters apparently.
I think this amendment was done before the Supreme Court's amendment of its own Order today (also attached), that I think is intended to open the courts back up to non-emergency civil matters so long as it can all be done without in-person attendance.
Hopefully King County will supersede Order #11 soon, to adjust for the Supreme Court's less restrictive order.
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.
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeannie OBrien
Sent: Friday, March 20, 2020 3:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] [WSBARP] Current emergency orders re non-family law civil matters, mostly King County but some statewide relevance
Before getting on the call yesterday with the commissioners and staff, I had a legal messenger run downtown with two testate probates. During the call, I asked my paralegal to call them off. When she called, they said they hadn't heard anything about a closure, and they delivered the two packets to the Ex Parte window. I thought "Cool - I got mine in" until I got the two orders today via email denying my orders.
I presume my petitions, oaths and original Wills were filed, and when the prohibition on probates is lifted, I can submit my proposed order electronically. I think I would be overly optimistic to think that I wouldn't have to pay the $30 fees again for EPVTC, so I will eat those costs.
Jeannie O'Brien, Attorney
www.SelanderOBrien.com<http://www.SelanderOBrien.com>
3829C South Edmunds Street
Seattle, WA 98118
(206) 723-8200 ofc
(206) 723-3829 fax
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Heather de Vrieze
Sent: Friday, March 20, 2020 12:42 PM
To: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] [WSBARP] Current emergency orders re non-family law civil matters, mostly King County but some statewide relevance
Good luck. The King County Commissioners have stated pretty emphatically that probates are not emergencies, unless holding up estate administration was going to cause someone to lose their home or be unable to obtain critical medical care, they could not see how it would ever be an emergency.
Heather
Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jeff Davis
Sent: Friday, March 20, 2020 12:25 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] [WSBARP] Current emergency orders re non-family law civil matters, mostly King County but some statewide relevance
The current status in Clallam County is you can file a probate, but it will not be heard until after April 24, 2020 unless you file a motion to have it heard as an emergency matter. So I am now drafting that motion; will deliver it to the Clerk Monday morning by 11:00 and they will put it on the 1:00 ex parte calendar. We have no email filing nor do they accept fax filings unless the Supreme Court orders the Clerk's office closed to the public. What a pain in the you know what!
Jeff Davis
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Matt Yates
Sent: Friday, March 20, 2020 10:39 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] [WSBARP] Current emergency orders re non-family law civil matters, mostly King County but some statewide relevance
By all appearances, Clark County is still allowing ex parte filings for probate but no hearings (obviously). I just opened a probate action this week actually.
Matthew D. Yates
Attorney at Law
Yates Marshall, PLLC
10000 NE 7th Avenue, Suite 200
Vancouver, WA 98685
Phone: (360) 449-6100
Fax: (360) 449-6111
matt at yatesmarshall.com<mailto:matt at yatesmarshall.com> (New Email Address)
www.yatesmarshall.com<http://www.yatesmarshall.com>
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah J. Dion
Sent: Friday, March 20, 2020 10:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] [WSBARP] Current emergency orders re non-family law civil matters, mostly King County but some statewide relevance
Hi Michael-
Not sure- I was responding to the post about Clallam County possibly still allowing them. If anyone outside King knows of an option, please post to the list!
Sarah Jael Dion
skellenger bender
ATTORNEY
TRUST AND ESTATE PRACTICE
Estate Planning | Probate
PHONE 206.623.6501 | FAX 206.447.1973
sdion at skellengerbender.com|<mailto:sdion at skellengerbender.com%7C>www.skellengerbender.com<http://www.skellengerbender.com/>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Mike Jacobs
Sent: Friday, March 20, 2020 9:40 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] [WSBARP] Current emergency orders re non-family law civil matters, mostly King County but some statewide relevance
________________________________
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Which Counties are still opening probates?
Sincerely,
Michael P. Jacobs
Riach Gese Jacobs, PLLC
7331 196th St. SW | PO Box 1067 | Lynnwood, WA 98036
Phone: (425) 776-3191 | Fax: (425) 425-775-0406
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Sent: Friday, March 20, 2020 9:21 AM
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Subject: Re: [WSBAPT] [WSBARP] Current emergency orders re non-family law civil matters, mostly King County but some statewide relevance
Thank you everyone for sharing information during this crazy time! It occurs to me that if some counties are allowing probates to be opened, in a pinch, we can use those counties to open critical matters. Possibly. I already have two waiting...
Sarah Jael Dion
skellenger bender
ATTORNEY
TRUST AND ESTATE PRACTICE
Estate Planning | Probate
PHONE 206.623.6501 | FAX 206.447.1973
sdion at skellengerbender.com|<mailto:sdion at skellengerbender.com%7C>www.skellengerbender.com<http://www.skellengerbender.com/>
1301 Fifth Ave., Suite 3401 | Seattle, WA 98101
NOTICE: This communication and the information contained within, along with any items attached as an enclosure, are privileged and confidential. This communication is intended solely for the use of the individual(s) named above. If you are not one of the intended addresses or you believe you may have received this communication in error, you are hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited. In addition, you shall not print, copy, retransmit, disseminate, or otherwise use this information in any form without first receiving specific written permission from the author of this communication. If you have received this communication in error, please reply to the sender indicating that fact and delete this message from your system immediately.
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Sent: Friday, March 20, 2020 8:01 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] [WSBARP] Current emergency orders re non-family law civil matters, mostly King County but some statewide relevance
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We will find out about starting new probates in Clallam County this morning; I have been in constant contact with the Court Clerk and Administrator and am told we can start one by filing through their drop box and that they will call me when the 1:00 p.m. exparte calendar starts. However, if we can't is the Supreme Court going to toll the Statute of Limitations? The reason we need to start the probate today is because of that.
Jeff
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Eric Nelsen
Sent: Thursday, March 19, 2020 4:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Current emergency orders re non-family law civil matters, mostly King County but some statewide relevance
Thank you Donna! Great information.
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.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Donna Calf Robe
Sent: Thursday, March 19, 2020 4:18 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Current emergency orders re non-family law civil matters, mostly King County but some statewide relevance
Hi Eric,
Commissioner Judson and Moore and Nadia Simpson had a telephone conference with the GELS section members and passed along the following info:
Because of the Supreme Court emergency order, all hearings are continued until after April 24, unless it's an emergency. Ex parte via the clerk is suspended. Any hearings that are currently noted prior to April 24 will not be held.
You can still e-file in King County. You can't start a new probate.
The commissioners are working on defining "emergency" and it sounds like they will know it when they see it, but it may be case specific.
Best regards,
Donna
Donna M. Calf Robe
Attorney
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x113
Fax: (206) 324-3106
e-mail: donnac at brothershenderson.com<mailto:donnac at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.com/>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto:wsbapt at lists.wsbarppt.com>>; 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto: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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