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]
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