King County Superior Court Implements Changes to Address Evictions Backlog

King County Superior Court is changing the process by which unlawful detainer (eviction) actions are heard. These changes are designed to reduce the backlog of unlawful detainer cases and increase Court capacity to keep pace with the increase in filings, while ensuring fairness for all involved.

Effective August 12, there will be a new process for unlawful detainer hearings, which are heard in the Court’s Ex Parte Department. The Court is expanding the calendar for unlawful detainer hearings, implementing new screening protocols, and increasing the number of judicial officers available to conduct such hearings.

“King County Superior Court is committed to access to justice, and this includes the timely adjudication of unlawful detainer matters,” said King County Superior Court Presiding Judge Ketu Shah. “Enhancing our hearings process will improve our response to the massive increase in unlawful detainer filings that we are currently experiencing and enable us to reduce the backlog of cases that has accrued due to legislative changes and eviction moratoria associated with the COVID-19 pandemic.”

Under the new system, unlawful detainer actions will proceed via first and second show cause hearings. All hearings will continue to be on Zoom. The number of available hearings slots for the first unlawful detainer show cause hearing will start and expand through steady increases over the next several months, with a target of 50 cases per calendar.

This first show cause unlawful detainer calendar will start at 8:30 a.m., ending at noon, and take place four days a week (Mon-Thurs). At this hearing, staff will screen parties to identify 1) the need for representation screening and entry of a 30-day continuance to the second show cause calendar, 2) if the case is ready to proceed to a contested or one-party default hearing, 3) if there is an agreed 30-day continuance to a second show cause or 4) if the matter must be heard by a commissioner for a contested continuance request.

The second show cause calendar will be held four days a week (Mon-Thurs) from 8:30 a.m. until noon, and will also have increased capacity, starting at approximately 15 cases. During the second appearance unlawful detainer calendar, Ex Parte Department staff will assist the commissioner in screening cases to identify 1) if the case has reached settlement, 2) is ready to proceed to a contested or one-party default hearing, or 3) is not ready to proceed and will be continued 30 days and certified for hearing in front of a Superior Court Judge. Any contested matters which cannot be heard on this calendar will also be continued 30 days and sent to the Chief Civil Judge for assignment to a Superior Court Judge.

Throughout both proceedings given the volume of cases on the calendars, the Court will not be able to provide Zoom breakout rooms for settlement discussions, so parties should plan accordingly and hold these discussions in advance.

About the Court

King County Superior Court handles civil matters, domestic matters, felony criminal cases, juvenile matters, and appeals from courts of limited jurisdiction. The state’s largest trial court, it is comprised of 54 judges, each elected to 4-year terms by the voters of King County, or, in the event of a vacancy, appointed by the Governor.

King County Superior Court Judges are assigned to departments of the Court; these assignments rotate annually. The court’s departments are Criminal, Civil, Dependency, Drug Court, Juvenile, Unified Family Court, Ex Parte & Probate, and Involuntary Treatment Act (ITA) Court.