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UNITED STATES DISTRICT COURT
7 WESTERN DISTRICT OF WASHINGTON
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In Re:
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10 THIRD EXTENSION OF MODIFIED GENERAL ORDER NO. 11-20
COURT OPERATIONS UNDER THE
11 EXIGENT CIRCUMSTANCES
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CREATED BY COVID-19 AND
RELATED CORONAVIRUS
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This General Order is being issued in response to the continuing outbreak of Coronavirus
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15 Disease 2019 (COVID-19). On March 17 and 25, 2020, the Court entered General Orders 02-20
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for at least 30 days and the procedures for conducting civil and criminal matters remotely. The
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Court incorporates here its prior findings regarding COVID-19 and the state of emergency
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declarations and public health guidelines as set forth in those prior General Orders.
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21 On April 13, 2020, the Court continued the procedures established by General Orders 02-
22 20 and 03-20 for 30 days. On May 13, 2020, the Court continued procedures established by
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General Orders 02-20 and 03-20 until July 31, 2020. The Court also discussed the possibility of
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permitting limited in-person proceedings in August. At the time, the public health situation in
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this District was improving with fewer daily positive COVID-19 test results.
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27 Unfortunately, there has been a significant increase in the daily numbers in June and July.
28 On July 23, 2020, the Governor acknowledged this trend by announcing new changes to the Safe
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Start Order designed to limit indoor interactions. Secretary of Health John Wiesman stated at
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2 the time, “[w]e’re losing the momentum we had during the early months of this response,” and
3 that “[f]ewer, shorter, and safer interactions are crucial.” On July 28, 2020, the Governor also
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extended indefinitely a pause on counties moving ahead in the Safe Start Washington plan.
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Given all of the above, the Court finds that the guidance of local and national public
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health officials continues to require the Courthouses to remain closed.
8 Accordingly, the Court ORDERS that the procedures established by General Orders 02-
9 20 and 03-20 will be continued until September 8, 2020. All District Court civil and criminal in-
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person hearings and trials in these Courthouses scheduled to occur before September 8, 2020, are
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continued pending a future general order from this Court. The Bankruptcy Court will continue
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13 with scheduled non-evidentiary hearings telephonically as posted on the Bankruptcy Court’s
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by video/telephonic conferences. After September 8, 2020, individual judges, including
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bankruptcy judges, may proceed with a very limited number of in-person hearings and bench
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trials by issuing orders on a case-by-case basis so long as such orders address the above public
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19 health concerns.
20 Courthouse lobbies will remain open for the public to use drop boxes to deposit
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documents for filing and payments for the District Clerk’s Office. A limited number of people
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may enter the courthouses to conduct official business provided they have scheduled
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appointments or notifications to do so.
25 The Court continues to successfully conduct civil and criminal proceedings via video
26 conference and teleconference. A recent civil bench trial was successfully conducted using
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remote video and audio technology. The Court is developing procedures for remote video civil
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jury trials. Counsel in civil cases are strongly encouraged to confer with each other and work
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2 with the Court to use such procedures to avoid a significant delay before in-person proceedings
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The Court continues to find that, due to the current inability to obtain an adequate
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spectrum of jurors and the effect of the above public health situation on the availability of
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witnesses, counsel and Court staff to be present in the courtroom, the time period of the
8 continuances implemented by this General Order will be excluded under the Speedy Trial Act,
9 as the Court finds that the ends of justice served by ordering the continuances outweigh the best
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interests of the public and any defendant’s right to a speedy trial, pursuant to 18 U.S.C.
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§3161(h)(7)(A). For the same reasons, the Court finds under 18 U.S.C. § 3060(C) extraordinary
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13 circumstances exist, and justice requires delay of all in-person criminal preliminary hearings
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The Court further ORDERS the following procedural changes:
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1. In order to limit the physical exchange of documents, signatures on documents in
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criminal proceedings conducted remotely will not be required. Instead, the Court will
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19 make a record that the document has been reviewed and authorized by the signatory
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a. Financial affidavits. 28 U.S.C. 1746;
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b. CJA Appointments;
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c. Consents to proceed before a magistrate judge;
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f. Judgments.
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2. Local Civil Rule 32 is hereby amended by including among the definitions of
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2 “Unavailable Witness” in FRCP 32(4)(C) the following: “concern about personal
3 health risks from exposure to the COVID-19 virus.”
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Other General Orders addressing particular COVID-19 issues have not expired and need
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not be modified at this time.
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Dated this 30th day of July, 2020.
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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
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