Local Court Rules Amended

Order Amending Local Rules, LCR 60(a)  adopted 6/16/16 to take effect 9/1/16

LCR 60(a)

OMISSION OF LAW ENFORCEMENT INFORMATION FORM IN CASE TYPES 2, 3, AND 5

(1) When Law Enforcement Information Form Required.  In type 2, 3 and 5 cases, a party seeking the issuance of a protection or antiharassment order under chapter 26.50 RCW or chapter 10.14 RCW must fill out a Law Enforcement Information (LEI) Form and submit it to the Court.  The Court shall notify the party of this rule and may decline to issue the order in the absence of the LEI Form.

(2) Procedure When Form Omitted.  The absence of a required LEI Form is an oversight that shall be corrected in the manner specified herein:

(a) Attorney Procedure.  A clerk of this Court shall promptly notify the moving party’s attorney that he or she must submit a completed LEI Form.  If the attorney does not provide the form within one (1) judicial day, the clerk shall employ the expedited procedure in subsection (2)(c). 

(b) Pro Se Procedure.  If the moving party is pro se, the Clerk may notify him or her or may immediately employ the expedited procedure in subsection (2)(c) without notice.

(c) Expedited procedure.  When authorized herein, a Court clerk shall access court records (including confidential records per GR 22(h)(1)(a)) and produce an LEI Form containing only the following:

(i) For the restrained party: the name, sex, address, race, and at least one numerical identifier (birthdate, FBI number, social security number, or driver’s license number); and

(ii) For the protected party: the name, address, and either birthdate or social security number;

 (3) Fee for Expedited Procedure.  If a clerk employs the expedited procedure in subsection (2)(c), it shall charge the notified person a fee of fifty (50) dollars.  See RCW 36.18.016(24).  Persons who were not notified may not be charged.  Any person so charged may apply to the Court for waiver of the fee on grounds of hardship or good cause for the failure to supply the LEI Form in a timely manner.

(4) No Blank Entries.  If, when filling out an LEI Form, a party or clerk does not know and cannot practically obtain information required therein, the party or clerk shall write “Unknown” in the blank.

 

[Adopted effective September 1, 2016]

 

Posted: June 21, 2016