BLMLcR 2.3
 REQUIREMENTS FOR REQUESTS FOR CONTESTED AND MITIGATION HEARINGS AFTER FAILURE
                                  TO RESPOND


   (a) If a defendant who has failed to appear or respond to a notice of
infraction, as required by RCW 46.61.070 and Rule 2.4 of the Infraction
Rules for Courts of Limited Jurisdiction (IRLJ) requests that the court set
his/her case for a contested or mitigation hearing, the court clerk shall
be authorized to set a date for a contested  or mitigation hearing and
retrieve pleadings and/or correspondence from the Department of Licensing
reflecting the failure to respond or appear, if any  was sent, on the
following conditions:

      (i) The defendant, within one week of the date by which a request for a
contested hearing should have been received by the court, delivers to the
court an envelope containing his/her request for a contested or mitigation
hearing, with a postmark clearly indicating that the envelope was addressed
and mailed to the Municipal Court within the time frame for requesting
contested or mitigation hearings pursuant to statute and court rule, and
with the envelope indicating that it was returned to the defendant, for
whatever reason; or

      (ii) The court, within one week of the date by which a request for a
contested or mitigation hearing should have been received by the court,
receives in the mail an envelope containing the defendant's request for a
contested or mitigation hearing, with the envelope showing a postmark
clearly indicating that the envelope was mailed to the Municipal Court
within the time frame for requesting contested or mitigation hearings
pursuant to statute and court rule.

   (b) In all other cases, the defendant shall not be entitled to a contested
or mitigation hearing, and the disposition of his/her infraction shall be
dealt with as provided for in the statute and/or court rule for failures to
respond or appear.


[Adopted October 7, 1998; renumbered effective September 1, 2008]