STMCLIR 2.4
             HANDLING OF REQUESTS FOR CONTESTED
              HEARINGS AFTER FAILURE TO RESPOND


  1.   If a defendant who has failed to appear or respond to a
       notice of infraction, as required by RCW 46.63.070 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 hearing, the court clerk shall be authorized
       to et a date for a contested 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:

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

  B.   The court, within one week of the date by which a
       request for a contested hearing should have been received by
       the court, receives in the mail an envelope containing the
       defendant’s request for a contested 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 hearings pursuant to statute
       and court rule.

  2.   In all other cases, the defendant shall not be entitled
       to a contested 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 effective September 1, 2003]