BLMLcR 2.1
DECISIONS ON WRITTEN STATEMENTS
(a) Request for Decision on Written Statement. If the defendant submits a
timely request for a hearing to contest or mitigate an infraction, the
defendant may elect to seek a decision on written statement pursuant to the
provisions of IRLJ 3.5. A defendant who elects to contest or mitigate an
infraction by decision on written statement shall be deemed to have waived
an in-court hearing to contest or mitigate the infraction in person.
(b) Time for Submitting Request for Decision on Written Statement. The
request for a decision by written statements shall be submitted no later
than fourteen (14) days prior to the date set for the in-court mitigation or
contested hearing.
(c) Declaration for Written Statement Required. A defendant wishing to
proceed by decision on written statement shall provide a written statement
which sets forth the facts and/or defense(s) that the defendant would like
the court to consider. A written statement submitted pursuant to this rule
shall be submitted by declaration as follows: "I declare under penalty of
perjury under the laws of the state of Washington that the foregoing is true
and correct," and shall be in substantially the following form:
Name of Defendant:
Address:
Infraction Number (upper right corner of citation):
Violation Date:
I wish to mitigate the infraction [ ]
I wish to contest the infraction [ ]
Statement:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
_______________________________________
_______________________________________
_______________________________________
_______________________________________
I declare under penalty of perjury under the laws of the state of
Washington that the above information is true and correct.
Executed this ________ day of ______________, 20____
at _____________________________________ (city/state).
__________________________
Signature
The written statement shall be submitted at the same time as the request for
decision on written statement.
(d) Time for Examination, Factual Determination,
Disposition and Notice to Parties. The time for examination, factual
determination, disposition and notice to parties shall be pursuant to IRLJ 3.5(a)-(d).
(e) No Appeal Permitted. There shall be no appeal from a decision on written statements.
[Adopted September 1, 2008]
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