LCrRLJ 8.2 MOTIONS (a) Motion practice shall be in accordance with CrRLJ 8.2. (b) Deferred Prosecutions: (1) A petition for deferred prosecution under 10.05 RCW shall be filed and served on the prosecuting attorney no later than five days before the date set for the pre-trial hearing, and in no event less than 14 days before the date set for trial. The petition must be accompanied by an evaluation that meets the court standards as set forth in LCrRLJ 8.13(b). No petition shall be heard without a recommendation from the probation department. (2) All pleadings shall be consistent with forms approved by the court. (3) Prior to obtaining an evaluation, the petitioner must (a) execute a waiver of confidentiality on a form approved by the court and file a copy with the court, (b) obtain a copy of the court's evaluation standards as set forth in LCrRLJ 8.13(b) and (c) provide copies of the evaluation standards and completed waiver form to the evaluator. (4) The evaluation accompanying the petition for deferred prosecution must be performed by a state-approved treatment facility and must meet the evaluation standards set forth in LCrRLJ 8.13(b). [Amended September 1, 1997, amended effective September 1, 2010]
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