Pro Tem Judge Program

Pierce County

Superior Court

Pro Tem judges will be available, on a limited basis, to handle various proceedings. Absent approval of the Presiding Judge, only sitting/retired judges will preside over jury trials. The pro tem judge, court clerk and court reporter will be funded by the court. The Pro Tem Judge Program is dependent upon funding which will be determined in late November for the following year.

On the day of trial, if no trial department is available, the parties are unwilling to stipulate to a pro tem judge for trial and there has not been a settlement conference, the parties are required to submit to a settlement conference before an available pro tem judge. On the day of trial, if no trial department is available and the parties are unwilling to stipulate to a pro tem judge, the parties are encouraged to utilize an available pro tem judge to conduct an additional settlement conference.

If your case is unable to be tried as scheduled, after 2:00 p.m., you may choose to use the services of a pro tem judge from those on the panel or return to the originating department for a new trial date. Court administration will have the names and availability of the pro tem judges. Each pro tem judge will be assigned a maximum of two cases to try during their assigned time.

If the first case goes to trial, the second must renote for trial assignment in the originating department or may schedule another pro tem trial later in the year, upon stipulation and order.
If the first case settles, the second case will be tried. A case may only receive one pro tem trial date at a time, either first or second set.

The Pro Tem coordinator may only give a trial date which is prior to the Department's trial date unless the case has been 'bumped' by the trial department.

To Use the Pro Tem Judge Program:

Contact the Pro Tem Judge Coordinator in Court Administration (253) 798-3605 to determine what dates pro tem judges are available.
Once counsel and parties have agreed to a date and pro tem judge, the coordinator will tentatively schedule a date. A Stipulation and Order will be required which must contain:
a) the signature of the Pro Tem judge coordinator,
b) the date and location of the original trial,
c) the date and location of the pro tem trial and
d) whether the trial is first or second set prior to its presentation to the originating department.
Once signed by all parties, the Pro Tem coordinator will sign the stipulation and deliver it to the original department for signature. The judicial assistant shall strike the original trial date, and if the case is a first set, from the court's schedule upon receipt of a copy of the Stipulation and Order. Second set cases shall retain their original trial date if prior to the departmental trial. If the coordinator does not receive a copy of the Stipulation and Order, the assignment will not go forward.
When the coordinator receives the final signed stipulation, the trial will be put on the docket, and confirmations will be sent to the parties.
The Presiding Judge may sign the Stipulation and Order only upon the extended absence of the originating department. A copy of the signed Stipulation and Order shall be given to the originating department by the Pro Tem judge coordinator.
Upon receipt of the Stipulation and Order, the coordinator will contact the pro tem judge, court clerk and court reporter to finalize the schedule.
The moving party of the first case is required to contact the coordinator by noon the day prior to trial to confirm the trial. The coordinator will then contact the second case to advise that their trial will not go forward with the pro tem judge. If the first case fails to confirm by noon the day prior to trial, the coordinator will contact the second case and the second trial will go forward.
If your case is second set, the day of trial you may be assigned to a Superior Court sitting judge should a department become available. Parties shall report the day of their pro tem trial and wait until 2:00 p.m. for an available trial department.
If the case settles, the moving party is to contact the coordinator and judicial assistant of the trial department to cancel the trial. The plaintiff shall file and shall serve a written Notice of Settlement within five days of settlement. See PCLR 40(h)(1) and (2).
If the trial lasts in excess of the allotted time, the case will need to be continued to a time agreeable to the pro tem judge and court administrator. This scheduling will all be done through the Pro Tem coordinator.
Continuances of the pro tem trial date of more than four (4) days, or continuances that result in the use of a different pro tem judge must be set on the originating department's Friday motion calendar.
Revocation of the Stipulation and Order for a pro tem judge trial requires the parties to obtain a new trial assignment from the originating department before the revocation is effective.
Final presentations must be scheduled through the Pro Tem Coordinator.
Pro Tem judges are not to do formal proofs unless the final paperwork is ready to be signed at the time the formal proof is taken. If they do not have paperwork, the parties will need to go before a commissioner or a judge, whoever is available.

Frequently Asked Questions