RULE IRLJ 6.7
                 IDENTITY CHALLENGES AND RELIEF FROM JUDGMENT

    (a)  Relief from Judgment. A motion to waive or suspend a fine, or to convert a
penalty to community restitution, or to vacate a judgment is governed by CRLJ 60(b).

    (b)  Identity Challenge.

         (1)  Right Granted. In addition to the rights granted defendants pursuant
to rule 6.7(a), a defendant may move to vacate a judgment that was entered after a
failure to respond to a notice of infraction on the basis that he or she was
mistakenly identified as the person who allegedly committed the infraction.

         (2)  Identity Affidavit. A defendant moving to vacate a judgment for
mistaken identification shall file an affidavit or certification under RCW 9A.72.085
with the court in which the infraction was found committed and with the office
of the prosecuting authority assigned to the court stating that he or she could
not be the person identified by the citing officer as having committed the
infraction, citing a factual basis for the assertion and stating that he or she
was not served with the notice of infraction.

         (3)  Adjudication Pending Hearing. The court may, at its discretion, set
aside the default judgment pending the hearing.

         (4)  Scheduling of Hearings. An identification hearing shall be scheduled
for not less than 14 days and not more than 120 days from the date an identity
affidavit is filed unless otherwise agreed by the defendant. The court shall
send the defendant written notice of the time, place and date of the hearing
within 28 days of the receipt of the request for hearing.

         (5)  Hearing Procedure. The court may require the presence of the defendant
at the scheduled hearing. At the hearing, identification may be established by
methods other than direct identification in court.

         (6)  Disposition. If the court determines that the named defendant was
the person identified by the citing officer as the person who committed the
infraction or was served with the notice of infraction, the infraction shall
remain committed or be re-adjudicated as committed.


[Adopted effective September 1, 1994; amended effective January 3, 2006; amended effective February 28, 2006.]