KMCLIR 4
DECISIONS ON WRITTEN STATEMENTS
(a) Request for Decision on Written Statement or E-mail. If the defendant
submits a timely request for a hearing to contest or mitigate an infraction,
the defendant may elect to seek a decision or request for Deferred Finding on
written statement, or email, pursuant to the provisions of IRLJ 3.5 and KMCLIR
4. A defendant who elects to contest or mitigate an infraction by decision on
written statement or email shall be deemed to have waived an in-court hearing
to contest or mitigate the infraction in person.
In the case where a defendant requests or petitions for a Deferred Finding
which is denied by the court, will be treated as a request for a mitigation
hearing on written statement or email.
(b) Time for Submitting Request for Decision on Written Statement or E-mail.
The request for a decision or request for a Deferred Finding by written
statements or email shall be submitted no later than the scheduled hearing time
or they will not be considered.
(c) Declaration for Written Statement or E-mail Required. A defendant wishing
to proceed by decision or request for Deferred Finding on written statement or
email shall provide a written statement or email which sets forth the facts
and/or defense(s) that the defendant would like the court to consider. A
written statement or email 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 request a Deferred Finding [ ]
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 or email shall be submitted at the same time as the
request for decision on written statement or email.
(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)-(b).
(e) No Appeal Permitted. There shall be no appeal from a decision on written
statements or email.
[Adopted effective September 1, 2001; Amended effective September 1, 2011]
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