KMC-IRLJ 3.5
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 and KMC-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.
(Effective September 1, 2002)
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