Rule 5


     (a) A defendant charged with an infraction who requests a hearing
to explain mitigating circumstances, pursuant to Rule 2.4 of the
Infraction Rules for Courts of Limited Jurisdiction (IRLJ), and
pursuant to Section 46.63.070 of the Revised Code of Washington
(RCW), shall appear before the Municipal Court at the time of
date for which such hearing is scheduled. The judge's
determination of the disposition shall be final, and is not
subject to review before any court.

     (b) A defendant charged with an infraction who requests a hearing
to contest the .determination that an infraction occurred shall
first appear before the Municipal Court for a
prehearing/settlement conference, at the time and date for which
such hearing is scheduled (normally on a mitigation calendar) in
accordance with IRLJ 2.3(a). The judge may waive the
prehearing/settlement conference on his/her own motion. If the
prehearing conference is waived the case will be set for a
contested hearing. If the defendant fails to waive or appear at
the prehearing conference, a default judgment shall be entered.

    (c) If the defendant who requests a hearing to contest the
determination that an infraction was committed has a criminal
charge pending in Auburn Municipal Court, and said criminal
charge arises out of the same occurrence as the infraction, the
hearing on the infraction may be heard at the same time as the
trial on the criminal charge at the request of the defendant, the
City Attorney or the court and as authorized by the Infraction
Rules for Courts of Limited Jurisdiction.

     (d) A defendant who requests a hearing to contest the
determination that an infraction was committed may file upon the
court a written demand that the court subpoena the officer who
caused the notice to be issued or whose written statement was the
basis for the issuance of the notice if the demand is filed with
the court at least fifteen (15) days prior to the contested
hearing. Upon receipt of such a demand to assure the officer's
presence, upon written notice to the defendant. A defendant is
responsible for obtaining and serving subpoenas in accordance
with IRLJ 3.1 in all other circumstances.

    (e) The plaintiff need not be represented by a lawyer at a
contested hearing unless witnesses have been subpoenaed to appear
for the hearing.

    (f) A motion to set aside a judgment entered upon a failure to
appear, per IRLJ 3.2(b), shall be presented into the Municipal
Court at a walk-in calendar.

     (g) If a defendant fails to respond to a notice of infraction
within fifteen days, fails to satisfy a judgment, or fails to
appear for a contested or mitigation hearing, the delinquent
judgment may be referred to a collection agency pursuant to RCW
3.02.045. Remuneration for collection services will be assessed
as costs, at the rate agreed to between the Court and the
collection agency, and added to the judgment.