IRLJ 2.1 - Notice of InfractionComments for IRLJ 2.1 must be received no later than November 30, 2011.
Suggested Change to IRLJ 2.1
Purpose: The changes to IRLJ 2.1(b)(5) are suggested to insure consistency with IRLJ 2.4(a) as well as statutory and civil rule requirements. As currently written, IRLJ 2.1(b)(5) requires that the notice of infraction contain a statement that the defendant must respond to the notice of infraction within 15 days of issuance. The underlying statute, RCW 46.63.070(1), requires that a notice of traffic infraction shall include a statement that the person must respond to the notice within fifteen days. Additionally, the “mailbox rule”, CRLJ 6(e), allows 3 additional days for any notice served by mail. Finally, IRLJ 2.4(a) currently reads that a person who has been served with a notice of infraction must respond to the notice within 15 days of the date the notice is personally served or, if the notice is served by mail, within 18 days of the date the notice is mailed. Thus, IRLJ 2.1(b)(5) should be amended to include the statutory requirement of 15 day response time for notice of infractions as well as the requirement under the “mailbox rule” to allow 3 additional days to any notice or paper served by mail. By adding the 18 day response time for a notice of infraction served by mail, IRLJ 2.1(b)(5) will also be consistent with IRLJ 2.4(a).
|Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library|
|Back to Top | Privacy and Disclaimer Notices|