Criminal Case Forms & Information

Are You Represented By An Attorney? District Court strongly encourages an unrepresented person charged with a crime to seek legal advice from an attorney as soon as possible. This is important because a person charged with a crime is facing potential jail time and fines as well as other significant consequences.
A criminal defense attorney can protect your rights and fully represent you at each of the court hearings, as well as provide advice as to the options you may have.
A person charged with a crime is entitled to have an attorney present at each court hearing. If a person wants an attorney but cannot afford an attorney and is determined to be indigent, the Court will appoint an attorney to represent the person at public expense. RCW 10.101.020; Criminal Rules for Courts of Limited Jurisdiction (CrRLJ) 3.1.

Important Notice – District Court personnel are not permitted to fill out any forms. District Court personnel are also not authorized to give legal advice. The information contained here is not comprehensive and should not be construed as legal advice.

Important Notice Regarding Litigant Confidential Information – District Court needs information about every person involved in a case so the court can accurately identify the parties and be able to contact them.
If you have not already done so, please complete a Litigant Confidential Information Form and provide it to the court. You should also use the form to update information previously provided to the court.

The Washington Constitution – Washington district courts were created on November 11, 1889 when the People ratified the Washington Constitution. Const. art. IV, §1.

Const. art. IV, §1 titles these courts "justices of the peace" courts. Justice of the peace courts were retitled as "district courts" by the Legislature in the Court Improvement Act of 1984 (codified in RCW 3.30.015). State v. Eng, 113 Wn.2d 178, 185-86 (1989).

"[D]istrict courts are justice of the peace courts, simply renamed. RCW 3.30.015." Banowsky v. Guy Backstrom, DC, 193 Wn.2d 724, ¶19 n.3 (2019).

All judicial power vests only in Washington Article IV courts, In re Barbee, 19 Wash. 306, 310 (1898); and Taylor v. Huntington, 34 Wash. 455, 461 (1904).

Const. art. IV, §10, however, delegates limited judicial power to the Legislature to "prescribe by law the powers, duties and jurisdiction" of district courts by legislatively transferring judicial power from superior courts to district courts. In re Cloherty, 2 Wash. 137, 139 (1891).

Court Jurisdiction – A court's jurisdiction is comprised of two components – 

(1) jurisdiction over the subject matter (called subject matter jurisdiction); and 

(2) jurisdiction over the person (called personal jurisdiction). Buecking v. Buecking, 179 Wn.2d 438, ¶23 (2013).

A court has jurisdiction to determine whether it has jurisdiction over a particular case. In the Matter of the Estate of Reugh, 10 Wn.App.2d 20, ¶28 (2019).

Subject Matter Jurisdiction – Subject matter jurisdiction refers to a court's authority to hear and determine the law involved in a case (type of controversy). State v. Peltier, 181 Wn.2d 290, ¶13 (2014).

A court lacks subject matter jurisdiction when it attempts to decide a type of case over which it has no authority to adjudicate. A court order is void where a court lacks subject matter jurisdiction to issue the order. Buecking, 179 Wn.2d at ¶20.

District courts, concurrent with superior courts (RCW 2.08.010), have subject matter jurisdiction over all misdemeanor and gross misdemeanor crimes committed in their respective counties. RCW 3.66.060(1), .070.

District courts also have subject matter jurisdiction over preliminary hearings on felony crimes committed in their respective counties. RCW 3.66.060 and .070; CrRLJ 3.2.1(g).

Personal Jurisdiction – Personal jurisdiction refers to a court's power over a particular person. RCW 9A.04.030 provides that any person who commits a crime in Washington is liable to punishment.

District courts, concurrent with superior courts (RCW 2.08.010), have personal jurisdiction over adults who commit misdemeanor or gross misdemeanor crimes in their respective counties. RCW 3.66.060(1).

Generally, only superior courts have personal jurisdiction over any individual under the age of 18 (juvenile). RCW 13.04.021; 13.40.020.

District courts, however, do have personal jurisdiction over juveniles aged 16 and 17 when the offense is a misdemeanor, gross misdemeanor or infraction which is a traffic, fish, boating, or game offense, or a traffic or civil infraction. RCW 13.04.030(1)(e)(iii).

Maximum Criminal Penalties – A misdemeanor crime generally has a maximum penalty of 90 days in jail or a $1,000 fine, or both. RCW 9.92.030; RCW 9A.20.020(3).
A gross misdemeanor crime generally has a maximum penalty of 364 days in jail or a $5,000 fine, or both. RCW 9.92.020; RCW 9A.20.020(2).

There are a few exceptions to the general misdemeanor and gross misdemeanor maximum penalties. For example, knowingly possessing a controlled substance is classified as a gross misdemeanor, but the maximum penalty is 180 days in jail or a $1,000 fine, or both. RCW 69.50.4013(2).

I Am A Protected Person And Want To Modify Or Cancel The No Contact Order. You can explain your situation and ask a judge to modify (change the terms) or cancel the No Contact Order protecting you. Complete and file with the court a Protected Person's Motion to Modify or Cancel No Contact Order form. A hearing will be scheduled for you to ask a judge to grant your request.

Can't Afford To Pay A Fine? Complete and file with the court an I Can't Afford to Pay Motion form. A judge will review your motion and make adjustments to your fines if you qualify.

Want To Ask A Judge To Do Something In Your Case? If you are not represented by an attorney, you can complete and file with the court a Motion from Defendant form. A hearing will be scheduled for you to ask a judge to grant your request. Make sure you give a copy of your motion to the Prosecutor's Office or your hearing may be delayed.

If you are represented by an attorney, talk with your attorney. The attorney will decide whether to file the motion on your behalf.

Vacation Of Conviction. Complete and file with the court one of the Petition to Vacate Conviction forms below. A hearing will be scheduled for you to ask a judge to grant your request. Make sure to give a copy of your petition to the Prosecutor's Office or your hearing may be delayed.

For more information on vacating your conviction, see the Washington Courts website at Washington State Courts - Court Forms - Vacating/Sealing Records. Start with the form – CrRLJ 09.0300 Instructions for Vacating Misdemeanor and Gross Misdemeanor Convictions.

District Court Pattern Forms – Mandatory Usage. Pattern forms on the District Court website shall be used when a document is filed electronically with the court.
Kitsap County District Court Local Rule (LGR) 30.1(k) (effective September 1, 2023) reads –

(k) Mandatory Usage Of District Court Website Pattern Forms. The Court has uploaded many online pattern forms to its website to assist the public and attorneys, these may be found on the Forms page.

(1) A Court website pattern form shall be used when that document is filed electronically. Failure of an eFiler to comply will result in the document being rejected for eFiling. The Court may also consider LGR 30.1(d).

(2) If no Court website pattern form exists, eFilers are strongly encouraged to use pattern forms located at the Washington Courts website.