CRIMINAL RULES FOR COURTS OF LIMITED
JURISDICTION (CrRLJ)
TABLE OF RULES
1. SCOPE, PURPOSE, AND CONSTRUCTION
Rule
1.1 Scope
1.2 Purpose and Construction
1.3 Effect
1.4 Definitions
1.5 Style and Form
1.6 Conduct of Court
1.7 Local Court Rules--Availability
1.8 Title of Rules
2. PROCEDURES PRIOR TO ARREST AND
OTHER SPECIAL PROCEEDINGS
2.1 Complaint--Citation and Notice
2.2 Warrant of Arrest or Summons Upon Complaint
2.3 Search and Seizure
2.4 Complaint--Citation and Notice--Sufficiencies
2.5 Procedure on Failure To Obey Citation and Notice
3. RIGHTS OF DEFENDANTS
3.1 Right to and Assignment of Lawyer
3.2 Release of Accused
3.2.1 Procedure Following Warrantless Arrest-- Preliminary Hearing
3.3 Time for Trial
3.4 Presence of the Defendant
3.5 Confession Procedure
3.6 Suppression Procedure
4. PROCEDURES PRIOR TO TRIAL
4.1 Arraignment
4.2 Petition for Deferred Prosecution of Criminal Mistreatment
Charge
4.2 Petition for Deferred Prosecution
4.2 Statement of Defendant on Plea of Guilty
4.2A "DUI" Attachment: Driving Under the Influence of Alcohol
and/or Actual Physical Control of a Vehicle While Under the
Influence of Alcohol and/or Drugs
4.2B "Offender Registration" Attachment: Sexual Misconduct With a
Minor in the Second Degree
4.3 Joinder of Offenses and Defendants
4.3.1 Consolidation for Trial
4.4 Severance of Offenses and Defendants
4.5 Pretrial Hearing
4.6 Depositions
4.7 Discovery
4.8 Subpoenas
4.9 Process--Criminal
4.10 Material Witness
5. VENUE
5.1 Commencement of Actions
5.2 Change of Venue
5.3 Several Charging Documents for Same Offense--Different Courts
6. PROCEDURES AT TRIAL
6.1.1 Trial by Jury
6.1.2 Trial by the Court
6.1.3 Order of Trial
6.2 Jurors Orientation
6.3 Selecting the Jury
6.4 Challenges
6.5 Alternate Jurors
6.6 Jurors Oath
6.7 Custody of Jury
6.8 Notetaking by Jurors
6.9 View of Premises by Jury
6.10 Discharge of the Jury
6.11 Judge--Disability
6.12 Witnesses
6.13 Evidence
6.14 Immunity
6.15 Instructions and Argument
6.16 Jury Verdicts and Findings
7. PROCEDURES FOLLOWING CONVICTION
7.1 Reserved
7.2 Sentencing
7.3 Judgment
7.4 Arrest of Judgment
7.5 New Trial
7.6 Probation
7.7 Reserved
7.8 Relief From Judgment or Order
8. MISCELLANEOUS
8.1 Time
8.2 Motions
8.3 Dismissal
8.4 Service, Filing, and Signing of Papers
8.5 Reserved
8.6 Objections and Exceptions
8.7 Reserved
8.8 Discharge
8.9 Disqualification of Judge
8.10 Closure of Proceedings and Sealing of Records
8.11 Disclosure of Records
8.12 Reporting Traffic Offenses
9. DE NOVO APPEALS
9.1 Perfecting of Appeal
9.2 Imposition of Sentence Pending Appeal
9.3 Prosecution of Appeal
RULE 1.1
SCOPE
These rules govern the procedure in the courts of limited jurisdiction
of the State of Washington in all criminal proceedings and supersede all
procedural statutes and rules that may be in conflict. They shall be
interpreted and supplemented in light of the common law and the decisional
law of this state. These rules shall not be construed to affect or derogate
from the constitutional rights of any defendant.
RULE 1.2
PURPOSE AND CONSTRUCTION
These rules are intended to provide for the just determination of every
criminal proceeding. They shall be construed to secure simplicity in
procedure, fairness in administration, effective justice, and the
elimination of unjustifiable expense and delay.
RULE 1.3
EFFECT
Except as otherwise provided elsewhere in these rules, on their
effective date:
(a) Any acts done before the effective date in any proceedings then
pending or any action taken in any proceeding pending under rules of
procedure in effect prior to the effective date of these rules are not
impaired by these rules.
(b) These rules also apply to any proceedings in court then pending or
thereafter commenced regardless of when the proceedings were commenced,
except to the extent that in the opinion of the court, the former procedure
should continue to be made applicable in a particular case in the interest
of justice or because of infeasibility of application of the procedures of
these rules.
RULE 1.4
DEFINITIONS
As used in these rules, unless the context clearly requires otherwise:
(a) "Court" means any court of limited jurisdiction.
(b) "Judge" means any judge of any court of limited jurisdiction and
shall include every judicial officer authorized, alone or with others, to
hold or preside over a court.
(c) "Prosecuting authority" includes prosecuting attorneys, city
attorneys, corporation counsel, and their deputies and assistants, or such
other persons as may be designated by statute.
(d) "Court day" means any day on which a court is open for the
transaction of administrative business, including but not limited to the
acceptance of papers for filing.
RULE 1.5
STYLE AND FORM
The format requirements for papers being filed with a court are as
specified in GR 14, except exhibits, the citation and notice, and forms
approved by the Office of the Administrator for the Courts, need not be on
letter-size paper (8-1/2 by 11 inches). The citation and notice shall
be on a form prescribed or approved by the Office of the Administrator
for the Courts.
RULE 1.6
CONDUCT OF COURT
All judicial proceedings and trials shall be conducted in accordance
with these rules. If no procedure is specifically prescribed by rule, the
court may proceed in any lawful manner not inconsistent with these rules,
or with any applicable statute. Questions pertaining to the conduct of the
court and not covered by these rules or appropriate statutes shall be
determined by the trial judge.
RULE 1.7
LOCAL COURT RULES AVAILABILITY
Courts of limited jurisdiction may adopt in accordance with GR 7 such
special rules not inconsistent with these general rules as they may deem
necessary for their respective courts. The court, upon the adoption of such
rules, shall keep a copy of them readily available for inspection.
RULE 1.8
TITLE OF RULES
These rules may be known and cited as Criminal Rules for Courts of
Limited Jurisdiction, and shall be referred to as CrRLJ.
RULE CrRLJ 2.1
COMPLAINT--CITATION AND NOTICE
(a) Complaint.
(1) Initiation. Except as otherwise provided in this rule, all criminal
proceedings shall be initiated by a complaint.
(2) Nature. The complaint shall be a plain, concise and definite written
statement of the essential facts constituting the offense charged. It shall be
signed by the prosecuting authority. Allegations made in one count may be
incorporated by reference in another count. It may be alleged that the means by
which the defendant committed the offense are unknown or that he or she
committed it by one or more specified means. The complaint shall state for each
count the official or customary citation of the statute, rule, regulation or
other provision of law which the defendant is alleged therein to have violated.
Error in the citation or its omission shall not be ground for dismissal of the
complaint or for reversal of a conviction if the error or omission did not
mislead the defendant to his or her prejudice.
(3) Contents. The complaint shall contain or have attached to it the
following information when filed with the court:
(i) the name, address, date of birth, and sex of the defendant;
(ii) all known personal identification numbers for the defendant, including
the Washington driver's operating license (DOL) number, the state criminal
identification (SID) number, the state criminal process control number (PCN),
the JUVIS control number, and the Washington Department of Corrections (DOC) number.
(b) Citation and Notice To Appear.
(1) Issuance. Whenever a person is arrested or could have been arrested
pursuant to statute for a violation of law which is punishable as a misdemeanor
or gross misdemeanor the arresting officer, or any other authorized peace
officer, may serve upon the person a citation and notice to appear in court.
Criminal citations shall be on a form entitled "Criminal Citation" prescribed
by the Administrative Office of the Courts. Citation forms prescribed by the
Administrative Office of the Courts are presumed valid.
(2) Release Factors. In determining whether to release the person or to
hold him or her in custody, the peace officer shall consider the following factors:
(i) whether the person has identified himself or herself satisfactorily;
(ii) whether detention appears reasonably necessary to prevent imminent
bodily harm to himself, herself, or another, or injury to property, or breach
of the peace;
(iii) whether the person has ties to the community reasonably sufficient to
assure his or her appearance or whether there is substantial likelihood that he
or she will refuse to respond to the citation and notice; and
(iv) whether the person previously has failed to appear in response to a
citation and notice issued pursuant to this rule or to other lawful process.
(3) Contents. The citation and notice to appear shall include or have
attached to it:
(i) the name of the court and a space for the court's docket, case or file number;
(ii) the name, address, date of birth, and sex of the defendant; and all
known personal identification numbers for the defendant, including the
Washington driver's operating license (DOL) number, the state criminal
identification (SID) number, the state criminal process control number (PCN),
the JUVIS control number, and the Washington Department of Corrections (DOC) number;
(iii) the date, time, place, numerical code section, description of the
offense charged, the date on which the citation was issued, and the name of the
citing officer;
(iv) the time and place the person is to appear in court, which may not
exceed 20 days after the date of the citation and notice, but which need not be
a time certain.
(4) Certificate. The citation and notice shall contain a form of
certificate by the citing official that he or she certifies, under penalties of
perjury, as provided by RCW 9A.72.085, and any law amendatory thereto, that he
or she has probable cause to believe the person committed the offense charged
contrary to law. The certificate need not be made before a magistrate or any
other person.
(5) Initiation. When signed by the citing officer and filed with a court of
competent jurisdiction, the citation and notice shall be deemed a lawful
complaint for the purpose of initiating prosecution of the offense charged therein.
(c) Citizen Complaints. Any person wishing to institute a criminal action
alleging a misdemeanor or gross misdemeanor shall appear before a judge
empowered to commit persons charged with offenses against the State, other than
a judge pro tem. The judge may require the appearance to be made on the
record, and under oath. The judge may consider any allegations on the basis of
an affidavit sworn to before the judge. The court may also grant an opportunity
at said hearing for evidence to be given by the county prosecuting attorney or
deputy, the potential defendant or attorney of record, law enforcement or other
potential witnesses. The court may also require the presence of other
potential witnesses.
In addition to probable cause, the court may consider:
(1) Whether an unsuccessful prosecution will subject the State to costs or
damage claims under RCW 9A.16.110, or other civil proceedings;
(2) Whether the complainant has adequate recourse under laws governing
small claims suits, anti-harassment petitions or other civil actions;
(3) Whether a criminal investigation is pending;
(4) Whether other criminal charges could be disrupted by allowing the
citizen complaint to be filed;
(5) The availability of witnesses at trial;
(6) The criminal record of the complainant, potential defendant and
potential witnesses, and whether any have been convicted of crimes of
dishonesty as defined by ER 609; and
(7) Prosecution standards under RCW 9.94A.440.
If the judge is satisfied that probable cause exists, and factors (1) through (7)
justify filing charges, and that the complaining witness is aware of the
gravity of initiating a criminal complaint, of the necessity of a court
appearance or appearances for himself or herself and witnesses, of the possible
liability for false arrest and of the consequences of perjury, the judge may
authorize the citizen to sign and file a complaint in the form prescribed in
CrRLJ 2.1(a). The affidavit may be in substantially the following form:
THE STATE OF WASHINGTON )
) ss. No. ________
COUNTY OF _________________)
AFFIDAVIT OF COMPLAINING WITNESS
DEFENDANT:
Name ____________________________ Name ____________________________
Address _________________________ Address _________________________
Phone ___________ Bus. __________ Phone ___________ Bus. __________
WITNESSES:
Name ____________________________ Name ____________________________
Address _________________________ Address _________________________
Phone ___________ Bus. __________ Phone ___________ Bus. __________
Name ____________________________ Name ____________________________
Address _________________________ Address _________________________
Phone ___________ Bus. __________ Phone ___________ Bus. __________
I, the undersigned complainant, understand that I have the choice of
complaining to a prosecuting authority rather than signing this affidavit. I
elect to use this method to start criminal proceedings. I understand that the
following are some but not all of the consequences of my signing a criminal
complaint: (1) the defendant may be arrested and placed in custody; (2) the
arrest if proved false may result in a lawsuit against me; (3) if I have sworn
falsely I may be prosecuted for perjury; (4) this charge will be prosecuted
even though I might later change my mind; (5) witnesses and complainant will be
required to appear in court on the trial date regardless of inconvenience,
school, job, etc.
Following is a true statement of the events that led to filing this charge.
I (have)(have not) consulted with a prosecuting authority concerning this incident.
On the ____ day of ___________, 19__, at _______________________.
(location)
_____________________________________________________________________
Signed _______________________________
SUBSCRIBED AND SWORN TO before me this ____ day of ___________, 19__.
______________________________________
Judge
(d) Filing.
(1) Original. The original of the complaint or citation and notice shall be
filed with the clerk of the court.
(2) Time. The citation and notice shall be filed with the clerk of the
court within two days after issuance, not including Saturdays, Sundays or
holidays. A citation and notice not filed within the time limits of this rule
may be dismissed without prejudice.
[Amended effective March 18, 1994; July 2, 1996; September 1, 1999;
November 21, 2006; May 6, 2008.]
RULE CrRLJ 2.2
WARRANT OF ARREST OR SUMMONS
UPON COMPLAINT
(a) Issuance of Warrant of Arrest.
(1) Generally. If a complaint is filed and if the offense
charged may be tried in the jurisdiction in which the warrant
issues, and if the sentence for the offense charged may include
confinement in jail, the court may direct the clerk to issue a
warrant for the arrest of the defendant unless the defendant has
already been arrested in connection with the offense charged and
is in custody or has been released on obligation to appear in court.
(2) Probable Cause. A warrant of arrest must be supported by
an affidavit, a document as provided in RCW 9A.72.085 or any law
amendatory thereto, or sworn testimony establishing the grounds
for issuing the warrant. Sworn testimony shall be recorded
electronically or stenographically. The evidence shall be
preserved. The court must determine there is probable cause to
believe that the defendant has committed the crime alleged before
issuing the warrant. The evidence shall be subject to
constitutional limitations for probable cause determinations and
may be hearsay in whole or in part.
(3) Ascertaining Defendant's Current Address.
(i) Search for Address. The court shall not issue a
warrant unless it determines that the complainant has attempted
to ascertain the defendant's current address by searching the
following: (A) the District Court Information system database
(DISCIS), (B) the driver's license and identicard database
maintained by the Department of Licenses; and (C) the database
maintained by the Department of Corrections listing persons
incarcerated and under supervision. The court in its discretion
may require that other databases be searched.
(ii) Exemptions from Address Search. The search required
by subdivision (i) shall not be required if (A) the defendant has
already appeared in court (in person or through counsel) after
filing of the same case, (B) the defendant is known to be in
custody, or (C) the defendant's name is unknown.
(iii) Effect of Erroneous Issuance. If a warrant is
erroneously issued in violation of this subsection (a)(3), that
error shall not affect the validity of the warrant.
(b) Issuance of Summons in Lieu of Warrant.
(1) Generally. If a complaint is filed, the court may direct
the clerk to issue a summons commanding the defendant to appear
before the court at a specified time and place.
(2) When Summons Must Issue. The court shall direct the clerk
to issue a summons instead of a warrant unless it finds
reasonable cause to believe that the defendant (i) will not
appear in response to a summons, (ii) will commit a violent
offense, (iii) will interfere with witnesses or the
administration of justice, or (iv) is in custody..
(3) Summons for Felony Complaint. If the complaint charges
the commission of a felony, the court may direct the clerk to
issue a summons instead of a warrant unless it finds reasonable
cause to believe that the defendant will not appear in response
to a summons, or that arrest is necessary to prevent bodily harm
to the accused or another, in which case it may issue a warrant.
(4) Summons. A summons shall be in writing and in the name of
the charging jurisdiction, shall be signed by the clerk with the
title of that office, and shall state the date when issued. It
shall state the name of the defendant and the nature of the
charge, and shall summon the defendant to appear before the court
at a stated time and place. The summons shall inform the
defendant that failure to appear as commanded may result in the
issuance of a warrant for the arrest of the accused.
(5) Failure To Appear on Summons. If a person fails to appear
in response to a summons, or if delivery is not effected within a
reasonable time, a warrant of arrest may issue, if the sentence
for the offense charged may include confinement in jail.
(c) Requisites of a Warrant. The warrant shall be in writing
and in the name of the charging jurisdiction, shall be signed by
the judge or clerk with the title of that office, and shall state
the date when issued. It shall specify the name of the defendant,
or if his or her name is unknown, any name or description by
which he or she can be identified with reasonable certainty. The
warrant shall specify the offense charged against the defendant
and that the court has found that probable cause exists to
believe the defendant has committed the offense charged and shall
command the defendant be arrested and brought forthwith before
the court issuing the warrant. If the offense is not a capital
offense, the court shall set forth in the order for the warrant,
bail and/or other conditions of release.
(d) Execution; Service.
(1) Execution of Warrant. The warrant shall be directed to
all peace officers in the state and shall be executed only by a
peace officer.
(2) Delivery of Summons. The summons may be served any place
within the state. It may be served by a peace officer, who shall
deliver a copy of the same to the defendant personally, or it may
be delivered by the court mailing the same, postage prepaid, to
the defendant at his or her last known address.
(e) Return. The officer executing a warrant shall make return
thereof to the court before whom the defendant is brought
pursuant to these rules. At the request of the prosecuting
authority any unexecuted warrant shall be returned to the issuing
court to be canceled. The peace officer to whom a summons has
been given for service shall, on or before the return date, file
a return thereof with the court before whom the summons is
returnable. For reasonable cause, the court may order that the
warrant be returned to it.
(f) Defective Warrant or Summons.
(1) Amendment. No person arrested under a warrant or
appearing in response to a summons shall be discharged from
custody or dismissed because of any irregularity in the warrant
or summons, but the warrant or summons may be amended so as to
remedy any irregularity.
(2) Issuance of New Warrant or Summons. If during the
preliminary examination of any person arrested under a warrant or
appearing in response to a summons, it appears that the warrant
or summons does not properly name or describe the defendant or
the offense with which he or she is charged, or that although not
guilty of the offense specified in the warrant or summons, there
is reasonable ground to believe that he or she will be charged
with some other offense, the judge shall not discharge or dismiss
the defendant but may allow a new complaint to be filed and shall
thereupon issue a new warrant or summons.
(g) Failure to Issue Warrant---Dismissal. Upon five days' notice
to the prosecuting attorney, the court shall dismiss a charge
without prejudice if (i) 90 days have elapsed since the citation
or complaint was filed and (ii) on the date that the order of
dismissal is entered, no warrant has been issued and the
defendant has not appeared in court.
[Amended effective September 1, 1991; September 1, 1995;
September 1, 2003; September 1, 2006.]
RULE 2.3
SEARCH AND SEIZURE
(a) Authority To Issue Warrant. A search warrant authorized by this
rule may be issued by the court upon request of a peace officer or the
prosecuting authority.
(b) Property or Persons Which May Be Seized With a Warrant. A warrant
may be issued under this rule to search for and seize any (1) evidence of a
crime; or (2) contraband, the fruits of crime, or things otherwise
criminally possessed; or (3) weapons or other things by means of which a
crime has been committed or reasonably appears about to be committed; or
(4) person for whose arrest there is probable cause, or who is unlawfully
restrained.
(c) Issuance and Contents. A search warrant may be issued only if the
court determines there is probable cause for the issuance of a warrant.
There must be an affidavit, a document as provided in RCW 9A.72.085 or any
law amendatory thereto, or sworn testimony establishing the grounds for
issuing the warrant. The sworn testimony may be an electronically recorded
telephonic statement. The sworn testimony must be in writing, recorded
electronically, or otherwise preserved. The record shall include any
additional evidence relied upon by the court. The recording, or a
duplication of the recording, shall be a part of the court record and shall
be provided if requested by a party or if ordered by the court, subject to
the provisions of rule 8.10. The evidence in support of the finding of
probable cause shall be preserved and shall be subject to constitutional
limitations for such determinations and may be hearsay in whole or in part.
If the court finds that probable cause for the issuance of a warrant
exists, it shall issue a warrant or direct an individual whom it authorizes
for such purposes to affix the court's signature to a warrant. The warrant
may be directed to any peace officer. The warrant shall command the officer
to search, within a specified period of time not to exceed 10 days, the
person, place or thing named for the property or person specified. It shall
designate the court to which it shall be returned. It shall be returned to
the issuing court, and filed in the public files of the court unless
ordered sealed by the court. Unless otherwise designated by the issuing
court, the warrant may be served at any time of day or night.
(d) Execution and Return With Inventory. The peace
officer taking property under the warrant shall give to the
person from whom or from whose premises the property is
taken a copy of the warrant and a receipt for the property
taken. If no such person is present, the officer may post a
copy of the search warrant and receipt. The return shall be
made promptly and shall be accompanied by a written
inventory of any property taken. The inventory shall be
made in the presence of the person from whose possession or
premises the property is taken, or in the presence of at
least one person other than the officer. The court shall
upon request deliver a copy of the inventory to the person
from whom or from whose premises the property was taken and
to the applicant for the warrant.
(e) Motion for Return of Property. A person may move the issuing court
for the return of the property seized under the warrant on the ground that
the property was illegally seized, or does not appear relevant or
reasonably calculated to lead to the discovery of relevant evidence, and
that the person is lawfully entitled to possession of the property. The
motion shall be filed in the court which issued the warrant and a copy
served upon the chief executive of the law enforcement agency that obtained
the warrant. Proof of service shall be filed with the court. The
prosecuting authority's assertion that property lawfully seized is relevant
or reasonably calculated to lead to the discovery of relevant evidence
shall be binding on the court.
(1) Procedure if Charges Pending. If a motion based on the ground that
property was illegally seized is made or comes on for hearing after a
complaint or citation and notice is filed in the court in which the motion
is pending, it shall be treated as a motion to suppress. If charges are
pending in another court at the time a motion made upon any ground is filed
or comes on for hearing, the motion shall be transferred to the other court
and subject to its rules of procedure.
(2) Procedure if No Charges Pending. If no charges are pending in any
court at the time the motion is made, the issuing court shall set the
motion for hearing not less than 30 days from the date of the filing or
service of the motion, whichever is later.
(3) Procedure if Motion Granted. If the motion is granted, the property
shall be returned unless the prosecuting authority seeks review within 14
days.
(f) Searches of Media.
(1) Scope. If an application for a search warrant is governed by RCW
10.79.015(3) or 42 U.S.C. subsection 2000aa et seq., this section controls
the procedure for obtaining the evidence.
(2) Subpoena Duces Tecum. Except as provided in subsection (3), if the
court determines that the application satisfies the requirements for
issuance of a warrant, as provided in section (c) of this rule, the court
shall issue a subpoena duces tecum in accordance with CRLJ 45(b).
(3) Warrant. If the court determines that the application satisfies the
requirements for issuance of a warrant and that RCW 10.79.015(3) and 42
U.S.C. subsection 2000aa et seq. permit issuance of a search warrant rather
than a subpoena duces tecum, the court may issue a warrant.
(g) Motion for Suppression. Absent prejudice to the defendant,
procedural noncompliance with rules of execution and return does not compel
invalidation of a warrant or suppression of its fruits.
RULE 2.4
COMPLAINT--CITATION AND NOTICE--
SUFFICIENCIES
(a) Complaint. The complaint shall not be deemed insufficient for lack
of formal caption or commencement or a formal conclusion, or any other
matter not necessary to a plain, concise and definite statement of the
essential facts constituting the specific offense or offenses with which
the defendant is charged, nor for lack of any other matter not necessary to
such statement, nor need it negative any exception, excuse or proviso
contained in any statute creating or defining the offense charged.
(b) (Reserved.)
(c) Copy of Complaint or Citation and Notice. When a complaint or a
citation and notice has been lost or destroyed, a copy or substitute
thereof, certified by the court, may replace the original, and the case
shall proceed without delay from that cause.
(d) Surplusage. The court on motion of a party may strike surplusage
from the complaint or the citation and notice.
(e) Bill of Particulars. The court may direct the filing of a bill of
particulars. A motion for a bill of particulars may be made before
arraignment or within 10 days after arraignment or an appearance by a
defendants lawyer pursuant to rule 4.1(d), or at such later time as the
court may permit.
(f) Amendment. The court may permit a complaint, a citation and notice,
or a bill of particulars to be amended at any time before verdict or
finding if substantial rights of the defendant are not prejudiced.
CrRLJ 2.5
PROCEDURE ON FAILURE TO OBEY CITATION AND NOTICE
The court may order the issuance of a bench warrant for the arrest
of any defendant who has failed to appear before the court, either in
person or by a lawyer, in answer to a citation and notice, or an order
of the court, upon which the defendant has promised in writing to
appear, or of which the defendant has been served with otherwise
received notice to appear, if the sentence for the offense charged may
include confinement in jail.
[Amended effective September 1, 1991; November 21, 2006.]
RULE CrRLJ 3.1
RIGHT TO AND ASSIGNMENT OF LAWYER
(a) Types of Proceedings. The right to a lawyer shall extend to all
criminal proceedings for offenses punishable by loss of liberty regardless of
their denomination as felonies, misdemeanors, or otherwise.
(b) Stage of Proceedings.
(1) The right to a lawyer shall accrue as soon as feasible after the
defendant has been arrested, appears before a committing magistrate, or is
formally charged, whichever occurs earliest.
(2) A lawyer shall be provided at every critical stage of the proceedings.
(c) Explaining the Availability of a Lawyer.
(1) When a person has been arrested he or she shall as soon as practicable
be advised of the right to a lawyer. Such advice shall be made in words easily
understood, and it shall be stated expressly that a person who is unable to pay
a lawyer is entitled to have one provided without charge.
(2) At the earliest opportunity a person in custody who desires a lawyer
shall be provided access to a telephone, the telephone number of the public
defender or official responsible for assigning a lawyer, and any other means
necessary to place him or her in communication with a lawyer.
(d) Assignment of Lawyer.
(1) Unless waived, a lawyer shall be provided to any person who is
financially unable to obtain one without causing substantial hardship to the
person or to the person's family. A lawyer shall not be denied to any person
merely because his or her friends or relatives have resources adequate to
retain a lawyer or because he or she has posted or is capable of posting bond.
(2) The ability to pay part of the cost of a lawyer shall not preclude
assignment. The assignment of a lawyer may be conditioned upon part payment
pursuant to an established method of collection.
(3) Information given by a person to assist in the determination of whether
he or she is financially able to obtain a lawyer shall be under oath and shall
not be available for use to the prosecution in the pending case in chief.
(4) Before appointing a lawyer for an indigent person, or at the first
appearance of the lawyer in the case, the court shall require the lawyer to
certify to the court that he or she complies with the applicable Standards for
Indigent Defense Services to be approved by the Supreme Court.
(e) Withdrawal of Lawyer. Whenever a case has been set for trial, no lawyer
shall be allowed to withdraw except upon consent of the court for good cause
shown and upon substitution of another lawyer or upon the defendant's knowing
and voluntary decision to proceed without a lawyer.
(f) Services Other Than Lawyer.
(1) A lawyer for a defendant who is financially unable to obtain
investigative, expert or other services necessary to an adequate defense in the
case may request them by a motion to the court.
(2) Upon finding that the services are necessary and that the defendant is
financially unable to obtain them, the court, or a person or agency to which
the administration of the program may have been delegated by local court rule,
shall authorize the services. The motion may be made ex parte, and, upon a
showing of good cause, the moving papers may be ordered sealed by the court,
and shall remain sealed until further order of the court. The court, in the
interest of justice and on a finding that timely procurement of necessary
services could not await prior authorization, shall ratify such services after
they have been obtained.
(3) Reasonable compensation for the services shall be determined and
payment directed to the organization or person who rendered them upon the
filing of a claim for compensation supported by affidavit specifying the time
expended and the services and expenses incurred on behalf of the defendant, and
the compensation received in the same case or for the same services from any
other source.
[Amended effective September 1, 1995; June 30, 2012].
3.1 STDS STANDARDS FOR INDIGENT DEFENSE (IN WORD FORMAT) The contents of this item are only available on-line. 3.2 RELEASE OF ACCUSED (IN WORD FORMAT) The contents of this item are only available on-line.
CrRLJ 3.2.1
PROCEDURE FOLLOWING
WARRANTLESS ARREST--PRELIMINARY HEARING
(a) Probable Cause Determination. A person who is arrested
shall have judicial determination of probable cause no later
than 48 hours following the persons arrest, unless probable cause
has been determined prior to such arrest.
(b) How Determined. The court shall determine probable cause
on evidence presented by a peace officer or prosecuting authority
in the same manner as provided for a warrant of arrest in rule
2.2(a). The evidence shall be preserved and may consist of an
electronically recorded telephonic statement. If the court finds
that release without bail should be denied or that conditions
should attach to the release on personal recognizance, other than
the promise to appear for trial, the court shall proceed to
determine whether probable cause exists to believe that the
accused committed the offense charged, unless this determination
has previously been made by a court. Before making the
determination, the court may consider an affidavit, a document as
provided in RCW 9A.72.085 or any law amendatory thereto, or sworn
testimony, and further may examine under oath the affiant and any
witnesses the affiant may produce. Sworn testimony shall be
electronically or stenographically recorded. The evidence shall
be preserved and shall be subject to constitutional limitations
for probable cause determinations, and may be hearsay in whole or
in part.
(c) Court Days. For the purpose of section (a), Saturday,
Sunday and holidays may be considered judicial days.
(d) Preliminary Appearance.
(1) Adult. Unless an accused has appeared or will appear
before the superior court for a preliminary appearance, any
accused detained in jail must be brought before a court of limited
jurisdiction as soon as practicable after the detention is
commenced, but in any event before the close of business on the
next court day.
(2) Juveniles. Unless an accused has appeared or will appear
before the superior court for a preliminary appearance, any
accused in whose case the juvenile court has entered a written
order declining jurisdiction and who is detained in custody, must
be brought before a court of limited jurisdiction as soon as
practicable after the juvenile court order is entered, but in any
event before the close of business on the next court day.
(3) Unavailability. If an accused is unavailable for
preliminary appearance because of physical or mental disability,
the court may, for good cause shown and recorded by the court,
enlarge the time prior to preliminary appearance.
(e) Procedure at Preliminary Appearance.
(1) At the preliminary appearance, the court shall provide
for a lawyer pursuant to rule 3.1 and for pretrial release
pursuant to rule 3.2, and the court shall orally inform the
accused:
(i) of the nature of the charge against the accused;
(ii) of the right to be assisted by a lawyer at every stage
of the proceedings; and
(iii) of the right to remain silent, and that anything the
accused says may be used against him or her.
(2) If the court finds that release should be denied or that
conditions should attach to release on personal recognizance,
other than the promise to appear in court at subsequent hearings,
the court shall proceed to determine whether probable cause exists
to believe that the accused committed the offense charged, unless
this determination has previously been made by a court. Before
making the determination, the court may consider affidavits filed
or sworn testimony and further may examine under oath the affiant
and any witnesses he or she may produce. Subject to constitutional
limitations, the finding of probable cause may be based on
evidence which is hearsay in whole or in part.
(f) Time Limits.
(1) Unless a written complaint is filed or the accused
consents in writing or on the record in open court, an accused,
following a preliminary appearance, shall not be detained in jail
or subjected to conditions of release for more than 72 hours after
the accused's detention in jail or release on conditions,
whichever occurs first. Computation of the 72-hour period shall
not include any part of Saturdays, Sundays, or holidays.
(2) If no complaint, information or indictment has been filed
at the time of the preliminary appearance, and the accused has not
otherwise consented, the court shall either:
(i) order in writing that the accused be released from jail
or exonerated from the conditions of release at a time certain
which is within the period described in subsection (f)(1); or
(ii) set a time at which the accused shall reappear before
the court. The time set for reappearance must also be within the
period described in subsection (f)(1). If no complaint,
information or indictment has been filed by the time set for
release or reappearance, the accused shall be immediately released
from jail or deemed exonerated from all conditions of release.
(g) Preliminary Hearing on Felony Complaint.
(1) When a felony complaint is filed, the court may conduct a
preliminary hearing to determine whether there is probable cause
to believe that the accused has committed a felony unless an
information or indictment is filed in superior court prior to the
time set for the preliminary hearing. If the court finds probable
cause, the court shall bind the defendant over to the superior court.
If the court binds the accused over, or if the parties waive the
preliminary hearing, an information shall be filed without
unnecessary delay. Jurisdiction vests in the superior court at
the time the information is filed.
(2) If at the time a felony complaint is filed with the
district court the accused is detained in jail or subjected to
conditions of release, the time from the filing of the complaint
in district court to the filing of an information in superior
court shall not exceed 30 days plus any time which is the subject
of a stipulation under subsection (g)(3). If at the time the
complaint is filed with the district court the accused is not
detained in jail or subjected to conditions of release, the time
from the accused's first appearance in district court which next
follows the filing of the complaint to the time of the filing of
an information in superior court shall not exceed 30 days,
excluding any time which is the subject of a stipulation under
subsection (g)(3). If the applicable time period specified above
elapses and no information has been filed in superior court, the
case shall be dismissed without prejudice.
(3) Before or after the preliminary hearing or a waiver
thereof, the court may delay a preliminary hearing or defer a bind-
over date if the parties stipulate in writing that the case shall
remain in the court of limited jurisdiction for a specified time,
which may be in addition to the 30-day time limit established in
subsection (g)(2).
(4) A preliminary hearing shall be conducted as follows:
(i) the defendant may as a matter of right be present at such
hearing;
(ii) the court shall inform the defendant of the charge
unless the defendant waives such reading;
(iii) witnesses shall be examined under oath and may be cross-
examined;
(iv) the defendant may testify and call witnesses in the
defendant's behalf.
(5) If a preliminary hearing on the felony complaint is held
and the court finds that probable cause does not exist, the charge
shall be dismissed, and may be refiled only if a motion to set
aside the finding is granted by the superior court. The superior
court shall determine whether, at the time of the hearing on such
motion, there is probable cause to believe that the defendant has
committed a felony.
(6) If a preliminary hearing is held, the court shall file
the record in superior court promptly after notice that the
information has been filed. The record shall include, but not be
limited to, all written pleadings, docket entries, the bond, and
any exhibits filed in the court of limited jurisdiction. Upon
written request of any party, the court shall file the recording
of any testimony.
[Amended effective September 1, 2002.]
RULE CrRLJ 3.3
TIME FOR TRIAL
(a) General Provisions.
(1) Responsibility of Court. It shall be the responsibility
of the court to ensure a trial in accordance with this rule to
each person charged with a crime.
(2) Precedence Over Civil Cases. Criminal trials shall take
precedence over civil trials.
(3) Definitions. For purposes of this rule:
(i) “Pending charge” means the charge for which the
allowable time for trial is being computed.
(ii) “Related charge” means a charge based on the same
conduct as the pending charge that is ultimately filed in the
trial court.
(iii) “Appearance” means the defendant’s physical
presence in the trial court. Such presence constitutes
appearance only if (A) the prosecutor was notified of the
presence and (B) the presence is contemporaneously placed on the
record under the cause number of the pending charge.
(iv) “Arraignment” means the date determined under CrRLJ 4.1(b).
(v) “Detained in jail” means held in the custody of a
correctional facility pursuant to the pending charge. Such
detention excludes any period in which a defendant is on electric
home monitoring, is being held in custody on an unrelated charge
or hold, or is serving a sentence of confinement.
(vi) “Trial court” means the court where the pending
charge was filed.
(4) Construction. The allowable time for trial shall be
computed in accordance with this rule. If a trial is timely
under the language of this rule but was delayed by circumstances
not addressed in this rule or CrRLJ 4.1, the pending charge shall
not be dismissed unless the defendant’s constitutional right to a
speedy trial was violated.
(5) Related Charges. The computation of the allowable time
for trial of a pending charge shall apply equally to related charges.
(6) Reporting of Untimely Trials. The court shall report to
the Administrative Office of the Courts, on a form determined by
that office, any case in which
(i) the court dismissed a charge on a determination
pursuant to section (h) that the charge had not been brought to
trial within the time allowed by this rule, or
(ii) the time limits would have been violated absent the
cure period authorized by section (g).
(b) Time for Trial.
(1) Defendant Detained in Jail. A defendant who is detained
in jail shall be brought to trial within the longer of
(i) 60 days after the commencement date specified in this
rule, or
(ii) the time specified in subsection (b)(5).
(2) Defendant Not Detained in Jail. A defendant who is not
detained in jail shall be brought to trial within the longer of
(i) 90 days after the commencement date specified in this
rule, or
(ii) the time specified in subsection (b)(5).
(3) Release of Defendant. If a defendant is released from
jail before the 60-day time limit has expired, the limit shall be
extended to 90 days.
(4) Return to Custody following Release. If a defendant not
detained in jail at the time the trial date was set is
subsequently returned to custody on the same or related charge,
the 90-day limit shall continue to apply. If the defendant is
detained in jail when trial is reset following a new commencement
date, the 60-day limit shall apply.
(5) Allowable Time after Excluded Period. If any period of
time is excluded pursuant to section (e), the allowable time for
trial shall not expire earlier than 30 days after the end of that
excluded period.
(c) Commencement date.
(1) Initial Commencement Date. The initial commencement date
shall be the date of arraignment as determined under CrRLJ 4.1.
(2) Resetting of commencement date. On occurrence of one of
the following events, a new commencement date shall be
established, and the elapsed time shall be reset to zero. If
more than one of these events occurs, the commencement date shall
be the latest of the dates specified in this subsection.
(i) Waiver. The filing of a written waiver of the
defendant’s rights under this rule signed by the defendant. The
new commencement date shall be the date specified in the waiver,
which shall not be earlier than the date on which the waiver was
filed. If no date is specified, the commencement date shall be
the date of the trial contemporaneously or subsequently set by
the court.
(ii) Failure to Appear. The failure of the defendant to
appear for any proceeding at which the defendant’s presence was
required. The new commencement date shall be the date of the
defendant’s next appearance.
(iii) New Trial. The entry of an order granting a
mistrial or a new trial or allowing the defendant to withdraw a
plea of guilty. The new commencement date shall be the date the
order is entered.
(iv) Appellate Review or Stay. The acceptance of review
or grant of a stay by an appellate court, or the issuance of a
writ of certiorari, mandamus, or prohibition. The new
commencement date shall be the date of the defendant’s appearance
that next follows the receipt by the clerk of the trial court of
the mandate or written order terminating review or stay.
(v) Collateral Proceeding. The entry of an order
granting a new trial pursuant to a personal restraint proceeding,
a habeas corpus proceeding, or a motion to vacate judgment. The
new commencement date shall be the date of the defendant’s
appearance that next follows either the expiration of the time to
appeal such order or the receipt by the clerk of the trial court
of notice of action terminating the collateral proceeding,
whichever comes later.
(vi) Change of venue. The entry of an order granting a
change of venue. The new commencement date shall be the date of
the order.
(vii) Disqualification of Counsel. The disqualification
of the defense attorney or prosecuting attorney. The new
commencement date shall be the date of the disqualification.
(viii) Deferred Prosecution. The filing of a motion for
deferred prosecution. The new commencement date shall be the
date that an order is entered denying the motion or revoking the
deferred prosecution.
(d) Trial Settings and Notice---Objections---Loss of Right to Object.
(1) Initial Setting of Trial Date. The court shall, within
15 days of the defendant's actual arraignment in the trial court
or at the pretrial hearing, set a date for trial which is within
the time limits prescribed by this rule and notify counsel for
each party of the date set. If a defendant is not represented by
counsel, the notice shall be given to the defendant and may be
mailed to the defendant's last known address. The notice shall
set forth the proper date of the defendant's arraignment and the
date set for trial.
(2) Resetting of Trial Date. When the court determines that
the trial date should be reset for any reason, including but not
limited to the applicability of a new commencement date pursuant
to subsection (c)(2) or a period of exclusion pursuant to section
(e), the court shall set a new date for trial which is within the
time limits prescribed and notify each party of the date set.
(3) Objection to Trial Setting. A party who objects to the
date set on the ground that it is not within the time limits
prescribed by this rule must, within 10 days after the notice is
mailed or otherwise given, move that the court set a trial date
within those time limits. Such motion shall be promptly noted for
hearing by the moving party in accordance with local procedures.
A party who fails, for any reason, to make such a motion shall
lose the right to object that a trial commenced on such a date,
is not within the time limits prescribed by this rule.
(4) Loss of Right to Object. If a trial date is set outside
the time allowed by this rule, but the defendant lost the right
to object to that date pursuant to subsection (d)(3), that date
shall be treated as the last allowable date for trial, subject to
section (g). A later trial date shall be timely only if the
commencement date is reset pursuant to subsection (c)(2) or there
is a subsequent excluded period pursuant to section (e) and
subsection (b)(5).
(e) Excluded Periods. The following periods shall be excluded
in computing the time for trial:
(1) Competency Proceedings. All proceedings relating to the
competency of a defendant to stand trial on the pending charge,
beginning on the date when the competency examination is ordered
and terminating when the court enters a written order finding the
defendant to be competent.
(2) Proceedings on Unrelated Charges. Arraignment, pre-trial
proceedings, trial and sentencing on an unrelated charge.
(3) Continuances. Delay granted by the court pursuant to
section (f).
(4) Period between Dismissal and Filing. The time between
the dismissal of a charge and the refiling of the same or related
charge.
(5) Disposition of Related Charge. The period between the
commencement of trial or the entry of a plea of guilty on one
charge and the defendant’s arraignment in the trial court on a
related charge.
(6) Defendant Subject to Foreign or Federal Custody or
Conditions. The time during which a defendant is detained in
jail or prison outside the county in which the defendant is
charged or in a federal jail or prison and the time during which
a defendant is subjected to conditions of release not imposed by
a court of the State of Washington.
(7) Juvenile Proceedings. All proceedings in juvenile court.
(8) Unavoidable or unforeseen Circumstances. Unavoidable or
unforeseen circumstances affecting the time for trial beyond the
control of the court or of the parties. This exclusion also
applies to the cure period of section (g).
(9) Disqualification of Judge. A five-day period of time
commencing with the disqualification of the judge to whom the
case is assigned for trial.
(f) Continuances. Continuances or other delays may be granted
as follows:
(1) Written Agreement. Upon written agreement of the parties
which must be signed by the defendant or all defendants, the
court may continue the trial to a specified date.
(2) Motion by the Court or a Party. On motion of the court
or a party, the court may continue the trial date to a specified
date when such continuance is required in the administration of
justice and the defendant will not be prejudiced in the
presentation of his or her defense. The motion must be filed
before time for trial has expired. The court must state on the
record or in writing the reasons for the continuance. The
bringing of such motion by or on behalf of any party waives that
party’s objection to the requested delay.
(g) Cure Period. The court may continue the case beyond the
limits specified in section (b) on motion of the court or a party
made within five days after the time for trial has expired. Such
a continuance may be granted only once in the case upon a finding
on the record or in writing that the defendant will not be
substantially prejudiced in the presentation of his or her
defense. The period of delay shall be for no more than 14 days
for a defendant detained in jail, or 28 days for a defendant not
detained in jail, from the date that the continuance is granted.
The court may direct the parties to remain in attendance or be on-
call for trial assignment during the cure period.
(h) Dismissal With Prejudice. A charge not brought to trial
within the time limit determined under this rule shall be
dismissed with prejudice. The State shall provide notice of
dismissal to the victim and at the court’s discretion shall allow
the victim to address the court regarding the impact of the
crime. No case shall be dismissed for time-to-trial reasons
except as expressly required by this rule, a statute, or federal
constitution.
[Amended effective November 29, 1991; July 1, 1992; September 1, 1995;
September 1, 2003; November 25, 2003.]
CrRLJ
RULE 3.4
PRESENCE OF THE DEFENDANT
(a) When Necessary. The defendant shall be present at the
arraignment, at every stage of the trial including the empaneling of the
jury and the return of the verdict, and at the imposition of sentence,
except as otherwise provided by these rules, or as excused or excluded
by the court for good cause shown.
(b) Effect of Voluntary Absence. The defendant's voluntary absence
after the trial has commenced in his or her presence shall not prevent
continuing the trial to and including the return of the verdict. A
corporation may appear by its lawyer for all purposes. In prosecutions
for offenses punishable by fine only, the court, with the written
consent of the defendant, may permit arraignment, plea, trial and
imposition of sentence in the defendant's absence.
(c) Defendant Not Present. If in any case the defendant is not
present when his or her personal attendance is necessary, the court may
order the clerk to issue a bench warrant for the defendant's arrest,
which may be served as a warrant of arrest in other cases.
(d) Video Conference Proceedings.
(1) Authorization. Preliminary appearances held pursuant to CrRLJ
3.2.1(d), arraignments held pursuant to this rule and CrRLJ 4.1, bail
hearings held pursuant to CrRLJ 3.2, and trial settings held pursuant to
CrRLJ 3.3(f), may be conducted by video conference in which all
participants can simultaneously see, hear, and speak with each other.
Such proceedings shall be deemed held in open court and in the
defendant's presence for the purposes of any statute, court rule or
policy. All video conference hearings conducted pursuant to this rule
shall be public, and the public shall be able to simultaneously see and
hear all participants and speak as permitted by the trial court judge.
Any party may request an inperson hearing, which may in the trial court
judge's discretion be granted.
(2) Agreement. Other trial court proceedings including the entry of
a Statement of Defendant on Plea of Guilty as provided for by CrRLJ 4.2
may be conducted by video conference only by agreement of the parties,
either in writing or on the record, and upon the approval of the trial
court judge pursuant to local court rule.
(3) Standards for Video Conference Proceedings. The judge, counsel,
all parties, and the public must be able to see and hear each other
during proceedings, and speak as permitted by the judge. Video
conference facilities must provide for confidential communications
between attorney and client and security sufficient to protect the
safety of all participants and observers. In interpreted proceedings,
the interpreter must be located next to the defendant and the proceeding
must be conducted to assure that the interpreter can hear all
participants.
Supersedes RCW 10.01.080; RCW 10.46.120, .130; RCW 10.64.020, .030.
Amended 12/02/99
RULE CrRLJ 3.5
CONFESSION PROCEDURE
(a) Requirement for Hearing. When an accused's statement which
is subject to constitutional protection is to be offered in
evidence the court shall hold, upon demand, a hearing for the
purpose of determining whether the statement is admissible.
(b) Defendant's Rights at Hearing. At the hearing, the court
shall ascertain whether the defendant has been informed that:
(1) He or she may, but need not, testify at the hearing on the
circumstances surrounding the statement;
(2) If the defendant does testify at the hearing, he or she
will be subject to cross examination with respect to the
circumstances surrounding the statement and with respect to his or
her credibility;
(3) If the defendant does testify at the hearing, he or she
does not by so testifying waive the right to remain silent during
the trial; and
(4) If the defendant does testify at the hearing, neither this
fact nor his or her testimony at the hearing shall be mentioned to
the jury unless he or she testifies concerning the statement at trial.
(c) Duty of Court To Make a Record. After the hearing, the
court shall state its findings of fact and conclusions of law as
to the admissibility or inadmissibility of the statement.
(d) Rights of Defendant When Statement Is Ruled Admissible. If
the court finds that the statement is admissible, and it is
offered in evidence:
(1) The defense may offer evidence or cross-examine the
witnesses with respect to the statement without waiving an
objection to the admissibility of the statement;
(2) Unless the defendant testifies at the trial concerning the
statement, no reference shall be made to the fact, if it be so,
that the defendant testified at the preliminary hearing on the
admissibility of the statement;
(3) If the defendant becomes a witness on this issue, he or
she shall be subject to cross examination to the same extent as
would any other witness; and
(4) If the defense raises the issue of voluntariness under
subsection (d)(1), the jury shall be instructed that it may give
such weight and credibility to the statement, in view of the
surrounding circumstances, as it sees fit.
[Adopted effective September 1, 1987.]
RULE 3.6
SUPPRESSION PROCEDURE
(a) Pleadings; Determination Regarding Hearing. Motions to suppress
physical, oral or identification evidence other than motions pursuant to
rule 3.5 shall be in writing supported by an affidavit or document as
provided in RCW 9A.72.085 or any law amendatory thereto, setting forth the
facts the moving party anticipates will be elicited at a hearing. If there
are no disputed facts, the court shall determine whether an evidentiary
hearing is required. If the court determines that no evidentiary hearing is
required, the court shall set forth its reasons for not conducting an
evidentiary hearing.
(b) Decision. The court shall state findings of fact and conclusions of
law.
Adopted 108 Wn.2d 1149 effective September 1, 1987
Amended 130 Wn.2d 1102 effective January 2, 1997
RULE CrRLJ 4.1
ARRAIGNMENT
(a) Time. (1) Defendant Detained in Jail. The defendant shall be
arraigned not later than 14 days after the date the complaint or citation and
notice is filed in court, if the defendant is (i) detained in a county or city
jail in the county where the charges are pending, or (ii) subject to conditions
of release imposed in connection with the same charges. (2) Defendant Not
Detained in Jail. The defendant shall be arraigned not later than 14 days after
that appearance which next follows the filing of the complaint or citation and
notice, if the defendant is not detained in such jail or subject to such
conditions of release. Any delay in bringing the defendant before the court
shall not affect the allowable time for arraignment, regardless of the reason
for the delay. For purposes of this rule, "appearance" has the meaning defined
in CrRLJ 3.3(a)(3)(iii).
(b) Objection to Arraignment Date---Loss of Right to Object. A party who
objects to the date of arraignment on the ground that it is not within the time
limits prescribed by this rule must state the objection to the court at the
time of the arraignment. If the court rules that the objection is correct, it
shall establish and announce the proper date of arraignment. That date shall
constitute the arraignment date for purposes of CrRLJ 3.3. A party who fails
to object as required shall lose the right to object, and the arraignment date
shall be conclusively established as the date upon which the defendant was
actually arraigned.
(c) Counsel. If the defendant appears without counsel, the court shall
inform the defendant of his or her right to have counsel before being
arraigned. The court shall inquire if the defendant has counsel. If the
defendant is not represented and is unable to obtain counsel due to indigence,
counsel shall be assigned to the defendant by the court, unless the defendant
makes a knowing, voluntary and intelligent waiver of counsel.
(d) Waiver of Counsel. If the defendant chooses to proceed without counsel,
the court shall determine on the record whether the waiver is made voluntarily,
competently and with knowledge of the consequences. The court shall make a
thorough inquiry of the defendant's understanding before accepting the waiver.
If the court finds the waiver valid, an appropriate finding shall be entered in
the record. Unless the waiver is valid, the court shall not proceed with the
arraignment until counsel is provided. Waiver of counsel at arraignment shall
not preclude the defendant from claiming the right to counsel in subsequent
proceedings in the cause, and the defendant shall be so informed.
(e) Name. Defendant shall be asked his or her true name. If the defendant
alleges that their true name is one other than that by which he or she is
charged, it must be entered in the record, and subsequent proceedings shall be
had against him or her by that name or other names relevant to the proceedings.
(f) Reading. The complaint or citation and notice or the substance of the
charge, shall be read to the defendant, unless the reading is waived, and a
copy shall be given to the defendant.
(g) Appearance by Defendant's Lawyer. Except as otherwise provided by
statute or by local court rule, a lawyer may enter an appearance or a plea of
not guilty on behalf of a client for any offense. Such appearance or plea may
be entered only after a complaint or citation and notice has been filed.
(1) The appearance or the plea of not guilty shall be made only in writing or
in open court, and eliminates the need for a further arraignment.
(2) An appearance that waives arraignment but fails to state a plea shall be
deemed to constitute entry of a plea of not guilty.
(3) An appearance under this rule constitutes a waiver of any defect in the
complaint or the citation and notice except for failure to charge a crime which
may be raised at any time and except for any other defect that is specifically
stated in writing or on the record at the time the appearance is entered.
(4) A written appearance shall commence the running of the time periods
established in rule 3.3 from the date of its receipt by the court, unless the
time periods have previously been commenced by an appearance in open court.
(5) Telephonic requests or notices by either the defendant or the defendant's
lawyer shall not constitute an arraignment or an appearance or entry of a plea,
and shall not commence the running of the time periods under rule 3.3.
(6) The appearance by a lawyer authorized by this rule shall be construed as
an "arraignment" under the other provisions of these rules.
[Amended effective September 1, 1995; September 1, 2003; September 1, 2010.]
4.2 PLEAS AND PRETRIAL DISPOSITION (IN WORD FORMAT)
The contents of this item are only available on-line.
RULE 4.3
JOINDER OF OFFENSES AND DEFENDANTS
(a) Joinder of Offenses. Two or more offenses may be joined in one
charging document, with each offense stated in a separate count, when the
offenses:
(1) Are of the same or similar character, even if not part of a single
scheme or plan; or
(2) Are based on the same conduct or on a series of acts connected
together or constituting parts of a single scheme or plan. The number of
offenses in one charging document may be governed by local court rule.
(b) Joinder of Defendants. Unless otherwise provided by local court
rule, two or more defendants may be joined in the same charging document:
(1) When each of the defendants is charged with accountability for each
offense included;
(2) When each of the defendants is charged with conspiracy and one or
more of the defendants is also charged with one or more offenses alleged to
be in furtherance of the conspiracy; or
(3) When, even if conspiracy is not charged and all of the defendants
are not charged in each count, it is alleged that the several offenses
charged:
(i) were part of a common scheme or plan; or
(ii) were so closely connected in respect to time, place and occasion
that it would be difficult to separate proof of one charge from proof of
the others. Such defendants may be charged in one or more counts together
or separately and it shall not be necessary to charge all defendants in
each count.
(c) Improper Joinder. Improper joinder of offenses or defendants shall
not preclude subsequent prosecution on the same charge for the charge or
defendant improperly joined.
RULE 4.3.1
CONSOLIDATION FOR TRIAL
(a) Consolidation Generally. Offenses or defendants properly joined
under rule 4.3 shall be consolidated for trial unless the court orders
severance pursuant to rule 4.4.
(b) Failure To Join Related Offenses.
(1) Two or more offenses are related offenses, for purposes of this
rule, if they are within the jurisdiction and venue of the same court and
are based on the same conduct.
(2) When a defendant has been charged with two or more related
offenses, his or her timely motion to consolidate them for trial should be
granted unless the court determines that because the prosecuting authority
does not have sufficient evidence to warrant trying some of the offenses at
that time, or for some other reason, the ends of justice would be defeated
if the motion were granted. A defendant's failure to so move constitutes a
waiver of any right of consolidation as to related offenses with which the
defendant knew he or she was charged.
(3) A defendant who has been tried for one offense may thereafter move
to dismiss a charge for a related offense, unless a motion for
consolidation of these offenses was previously denied or the right of
consolidation was waived as provided in this rule. The motion to dismiss
must be made prior to the second trial, and shall be granted unless the
court determines that because the prosecuting authority was unaware of the
facts constituting the related offense or did not have sufficient evidence
to warrant trying this offense at the time of the first trial, or for some
other reason, the ends of justice would be defeated if the motion were
granted.
(4) Entry of a plea of guilty to one offense does not bar the
subsequent prosecution of a related offense unless the plea of guilty was
entered on the basis of a plea agreement in which the prosecuting authority
agreed to seek or not to oppose dismissal of other related charges or not
to prosecute other potential related charges.
(c) Authority of Court To Act. The court may order consolidation for
trial of two or more charging documents if the offenses or defendants could
have been joined in a single charging document under rule 4.3.
RULE CrRLJ 4.4
SEVERANCE OF OFFENSES AND DEFENDANTS
(a) Timeliness of Motion; Waiver.
(1) A defendant's motion for severance of offenses or defendants must be
made before trial, except that a motion for severance may be made before or
at the close of all the evidence if the interests of justice require.
Severance is waived if the motion is not made at the appropriate time.
(2) If a defendant's pretrial motion for severance was overruled he or
she may renew the motion on the same ground before or at the close of all
the evidence. Severance is waived by failure to renew the motion.
(b) Severance of Offenses. The court, on application of the prosecuting
authority, or on application of the defendant other than under section (a),
shall grant a severance of offenses whenever before trial or during trial
with consent of the defendant, the court determines that severance will
promote a fair determination of the defendant's guilt or innocence of each
offense.
(c) Severance of Defendants.
(1) A defendant's motion for severance on the ground that an out-of-court
statement of a codefendant referring to him or her is inadmissible against
him or her shall be granted unless:
(i) the prosecuting authority elects not to offer the statement in the
case in chief; or
(ii) deletion of all references to the moving defendant will eliminate
any prejudice to him or her from the admission of the statement.
(2) The court, on application of the prosecuting authority, or on
application of the defendant other than under subsection
(i), should grant a severance of defendants whenever:
(i) if before trial, it is deemed necessary to protect a defendant's
rights to a speedy trial, or it is deemed appropriate to promote a fair
determination of the guilt or innocence of a defendant; or
(ii) if during trial upon consent of the severed defendant, it is deemed
necessary to achieve a fair determination of the guilt or innocence of a
defendant.
(3) When such information would assist the court in ruling on a motion
for severance of defendants, the court may order the prosecuting authority
to disclose any statements made by the defendants which he or she intends
to introduce in evidence at the trial.
(d) Failure To Prove Grounds for Joinder of Defendants. If pursuant to
section (a), a defendant moves to be severed at the conclusion of the
prosecuting authority's case or of all the evidence, and there is not
sufficient evidence to support the grounds upon which the moving defendant
was joined or previously denied severance, the court shall grant severance
if, in view of this lack of evidence, failure to sever prejudices the
moving defendant.
(e) Authority of Court To Act on Own Motion. The court may order a
severance of offenses or defendants before trial if a severance could be
obtained on motion of a defendant or the prosecuting authority.
[Adopted effective September 1, 1987; amended effective September 1, 2007.]
RULE 4.5
PRETRIAL HEARING
When a plea of not guilty is entered, the court may set a time for a
pretrial hearing. The time set for the pretrial hearing should allow
sufficient time for the lawyers to initiate and complete discovery, conduct
further investigation of the case as needed, and continue plea discussions.
RULE 4.6
DEPOSITIONS
(a) When Taken. Upon a showing that a prospective witness may be
unable to attend or prevented from attending a trial or hearing or if a
witness refuses to discuss the case with either lawyer and that his or her
testimony is material and that it is necessary to take his or her
deposition in order to prevent a failure of justice, the court at any time
after the filing of a complaint or citation and notice may upon motion of a
party and notice to the parties order that his or her testimony be taken by
deposition and that any designated books, papers, documents or tangible
objects, not privileged, be produced at the same time and place.
(b) Notice of Taking. The party at whose instance a deposition is to
be taken shall give to every other party reasonable written notice of the
time and place for taking the deposition. The notice shall state the name
and address of each person to be examined. On motion of a party upon whom
the notice is served, the court for cause shown may extend or shorten the
time and may change the place of taking.
(c) How Taken. A deposition shall be taken in the manner provided in
civil actions. No deposition shall be used in evidence against any
defendant who has not had notice of and an opportunity to participate in or
be present at the taking thereof.
(d) Use. Any deposition may be used by any party for the purpose of
contradicting or impeaching the testimony of the deponent as witness, or as
substantive evidence under circumstances permitted by the Rules of
Evidence.
(e) Objections to Admissibility. Objections to receiving in evidence a
deposition or part thereof may be made as provided in civil actions.
RULE CrRLJ 4.7
DISCOVERY
(a) Prosecuting Authority's Obligations.
(1) Except as otherwise provided by protective orders or as
to matters not subject to disclosure, the prosecuting authority
shall, upon written demand, disclose to the defendant the
following material and information within his or her possession
or control concerning:
(i) the names and addresses of persons whom the prosecuting
authority intends to call as witnesses at the hearing or trial,
together with any written or recorded statements and the
substance of any oral statements of such witnesses;
(ii) any written or recorded statements and the substance of
any oral statements made by the defendant, or made by a
codefendant if the trial is to be a joint one;
(iii) any reports or statements of experts made in connection
with the particular case, including results of physical or mental
examinations and scientific tests, experiments, or comparisons;
(iv) any books, papers, documents, photographs, or tangible
objects which the prosecuting authority intends to use in the
hearing or trial or which were obtained from or belonged to the defendant;
(v) any record of prior criminal convictions known to the
prosecuting authority of the defendant and of persons whom the
prosecuting authority intends to call as witnesses at the hearing or trial;
(vi) any electronic surveillance, including wiretapping, of
the defendant's premises or conversations to which the defendant
was a party and any record thereof;
(vii) any expert witnesses whom the prosecuting authority
will call at the hearing or trial, the subject of their
testimony, and any reports relating to the subject of their
testimony that they have submitted to the prosecuting authority;
(viii) any information indicating entrapment of the defendant;
(ix) specified searches and seizures;
(x) the acquisition of specified statements from the defendant; and
(xi) the relationship, if any, of specified persons to the
prosecuting authority.
(2) Unless the court orders otherwise, discoverable materials
shall be made available for inspection and copying within 21 days
of arraignment or within 21 days of receipt of the demand by the
prosecuting authority, whichever is later.
(3) Except as otherwise provided by protective orders, the
prosecuting authority shall disclose to defendant's lawyer any
material or information within his or her knowledge which tends
to negate defendant's guilt as to the offense charged.
(4) The prosecuting authority's obligation under this section
is limited to material and information within the actual
knowledge, possession, or control of members of his or her staff.
(b) Defendant's Obligations.
(1) Except as otherwise provided by protective orders or as
to matters not subject to disclosure, the defendant shall, upon
written demand, disclose to the prosecuting authority the
following material and information within his or her possession
or control concerning:
(i) the names and addresses of persons whom the defendant
intends to call as witnesses at the hearing or trial, together
with any written or recorded statements and the substance of any
oral statements of such witnesses;
(ii) any books, papers, documents, photographs, or tangible
objects which the defendant intends to use in the hearing or trial;
(iii) any expert witnesses whom the defendant will call at
the hearing or trial, the subject of their testimony, and any
reports relating to the subject of their testimony that they
have submitted to the defendant;
(iv) any claim of incompetency to stand trial;
(v) whether his or her prior convictions will be stipulated
or need to be proved;
(vi) whether or not he or she will rely on a defense of insanity
at the time of the offense; and
(vii) the general nature of his or her defense.
(2) Unless the court orders otherwise, discoverable materials
shall be made available for inspection and copying not later
than 14 days prior to the date set for trial.
(3)References in this section to defendant shall be deemed
to include the defendant's lawyer, where appropriate.
(c) Physical and Demonstrative Evidence.
(1) Notwithstanding the initiation of judicial proceedings,
and subject to constitutional limitations, the court on motion of
the prosecuting authority or the defendant may require or allow
the defendant to:
(i) appear in a lineup;
(ii) speak for identification by a witness to an offense;
(iii) be fingerprinted;
(iv) pose for photographs not involving reenactment of the crime charged;
(v) try on articles of clothing;
(vi) permit the taking of samples of or from his or her
blood, hair, and other materials of his or her body including
materials under his or her fingernails which involve no
unreasonable intrusion thereof;
(vii) provide specimens of his or her handwriting; and
(viii) submit to a reasonable physical, medical, or
psychiatric inspection or examination.
(2) Provisions may be made for appearance for the purposes
stated in this section in an order for pretrial release.
(d) Material Held by Others. Upon defendant's request and
designation of material or information in the knowledge,
possession or control of other persons which would be
discoverable if in the knowledge, possession or control of the
prosecuting authority, the prosecuting authority shall attempt to
cause such material or information to be made available to the
defendant. If the prosecuting authority's efforts are
unsuccessful and if such material or persons are subject to the
jurisdiction of the court, the court shall issue suitable
subpoenas or orders to cause such material to be made available
to the defendant.
(e) Discretionary Disclosures.
(1) Upon a showing of materiality and if the request is
reasonable, the court in its discretion may require disclosure of
the relevant material and information not covered by sections (a) and (d).
(2) The court may condition or deny disclosure authorized by
this rule if it finds that there is a substantial risk to any
person of physical harm, intimidation, bribery, economic
reprisals or unnecessary annoyance or embarrassment resulting
from such disclosure, which outweigh any usefulness of the
disclosure to the defendant.
(f) Matters Not Subject to Disclosure.
(1) Work Product. Disclosure shall not be required of legal
research or of records, correspondence, reports or memoranda to
the extent that they contain the opinions, theories or
conclusions of investigating or prosecuting agencies except as to
material discoverable under subsection (a)(1)(iii).
(2) Informants. Disclosure of an informants identity shall
not be required when his or her identity is a prosecution secret
and a failure to disclose will not infringe upon the
constitutional rights of the defendant. Disclosure of the
identity of witnesses to be produced at a hearing or trial shall
not be denied.
(g) Regulation of Discovery.
(1) Investigations Not To Be Impeded. Except as otherwise
provided by protective orders or as to matters not subject to
disclosure, neither the lawyers for the parties nor other
prosecution or defense personnel shall advise persons, other than
the defendant, who have relevant material or information to
refrain from discussing the case with the opposing lawyer or
showing the opposing lawyer any relevant material, nor shall they
otherwise impede the opposing lawyers investigation of the case.
(2) Continuing Duty To Disclose. If, after compliance with
this rule or orders pursuant to it, a party discovers additional
material or information which is subject to disclosure, he or she
shall promptly notify the other party or his or her lawyer of the
existence of such additional material. If the additional material
or information is discovered during trial, the court shall also
be notified.
(3) Custody of Materials. Any materials furnished to a lawyer
pursuant to these rules shall remain in the exclusive custody of
the lawyer and be used only for the purposes of conducting the
party's side of the case, unless otherwise agreed by the parties
or ordered by the court, and shall be subject to such other terms
and conditions as the parties may agree or the court may provide.
Further, a defense lawyer shall be permitted to provide a copy of
the materials to the defendant after making appropriate
redactions which are approved by the prosecuting authority or
order of the court.
(4) Protective Orders. Upon a showing of cause, the court may
at any time order that specified disclosure be restricted or
deferred or make such other order as is appropriate, provided
that all material and information to which a party is entitled
must be disclosed in time to permit his or her lawyer to make
beneficial use of it.
(5) Excision. When some parts of certain material are
discoverable under this rule and other parts are not
discoverable, as much of the material shall be disclosed as is
consistent with this rule. Material excised pursuant to judicial
order shall be sealed and preserved in the records of the court,
to be made available to the appellate court in the event of an
appeal.
(6) In Camera Proceedings. Upon request of any person, the
court may permit any showing of cause for denial or regulation of
disclosure, or portion of such showing, to be made in camera. A
record shall be made of such proceedings. If the court enters an
order granting relief following a showing in camera, the entire
record of such showing shall be sealed and preserved in the
records of the court, to be made available to the appellate court
in the event of an appeal.
(7) Sanctions.
(i) If at any time during the course of the proceedings it is
brought to the attention of the court that a party has failed to
comply with an applicable discovery rule or an order issued
pursuant thereto, the court may order such party to permit the
discovery of material and information not previously disclosed,
grant a continuance, or enter such other order as it deems just
under the circumstances.
(ii) The court may at any time dismiss the action if the
court determines that failure to comply with an applicable
discovery rule or an order issued pursuant thereto is the result
of a willful violation or of gross negligence and that the
defendant was prejudiced by such failure.
(iii) A lawyers willful violation of an applicable discovery
rule or an order issued pursuant thereto may subject the lawyer
to appropriate sanctions by the court.
[Adopted effective September 1, 1987; September 1, 2005.]
RULE 4.8
SUBPOENAS
(a) Issuance for Witnesses. The defendant and the prosecuting authority
may subpoena witnesses necessary to testify at a scheduled hearing or
trial. The subpoena may only be issued by a judge, court commissioner,
clerk of the court, or by a party's lawyer. If a party's lawyer issues a
subpoena, a copy shall be filed with the court. If the subpoena is for a
witness outside the county or counties contiguous with it, the judge must
approve the subpoena.
(b) Subpoena Duces Tecum.
(1) Upon application of either party, the court may issue a subpoena
duces tecum, commanding the person to whom it is directed to produce books,
papers, documents or other objects designated in it. The court may direct
that books, papers, documents or objects designated in the subpoena be
produced before the court at a time prior to the trial or prior to the time
when they are to be offered in evidence and may, upon their production,
permit the books, papers, documents or objects, or portions of them, to be
inspected by the parties and their lawyers.
(2) On motion made promptly the court may quash or modify the subpoena
duces tecum if compliance would be illegal, unreasonable or oppressive.
(c) Service. A subpoena may be directed for service within their
jurisdiction to the sheriff of any county or to any peace officer of any
municipality in which the witness may be, or it may be served as provided
in CRLJ 45(c), or it may be served by first-class mail, postage prepaid,
sent to the witness' last known address. Service by mail shall be deemed
complete upon the third day following the day upon which the subpoena was
placed in the mail.
(d) Proof of Service.
(1) When personal service is made by someone other than a sheriff or
peace officer, proof shall be by affidavit or by certification under RCW
9A.72.085 or any law amendatory thereof.
(2) Proof of service by mail may be by affidavit or certification,
under RCW 9A.72.085 or any law amendatory thereof, of the person who mailed
the papers, or by written acknowledgment of service.
(e) Sanctions.
(1) If at any time during the proceedings it is brought to the courts
attention that a party's lawyer has abused the power to issue subpoenas,
the court may impose upon the lawyer such terms as are just.
(2) No subpoena shall be the basis for a material witness warrant or a
contempt of court citation unless there is proof of personal receipt.
RULE 4.9
PROCESS--CRIMINAL
The court may issue criminal process to any person anywhere in the
state.
RULE 4.10
MATERIAL WITNESS
(a) Warrant. On motion of the prosecuting authority or the defendant,
the court may issue a warrant, subject to reasonable bail, for the arrest
of a material witness. The warrant shall issue only on a showing, by
affidavit or on the record in open court, that the testimony of the witness
is material and that
(1) The witness has refused to submit to a deposition ordered by the
court pursuant to rule 4.6; or
(2) The witness has refused to obey a lawfully issued subpoena; or
(3) It may become impracticable to secure the presence of the witness
by subpoena. Unless otherwise ordered by the court, the warrant shall be
executed and returned as in rule 2.2.
(b) Hearing. After the arrest of the witness, the court shall hold a
hearing no later than the next court day after the witness is present in
the county from which the warrant issued. The witness shall be entitled to
be represented by a lawyer. The court shall appoint a lawyer for an
indigent witness if it is required to protect the rights of the witness.
(c) Release/Detention. Upon a determination that the testimony of the
witness is material and that one of the conditions set forth in section (a)
exists, the court shall set conditions for release of the witness pursuant
to rule 3.2. A material witness shall be released unless the court
determines that the testimony of such witness cannot be secured adequately
by deposition and that further detention is necessary to prevent a failure
of justice. Release of a material witness may be delayed for a reasonable
period of time until the deposition of the witness can be taken pursuant to
rule 4.6.
RULE 5.1
COMMENCEMENT OF ACTIONS
(a) Where Commenced Under Municipal Ordinance. All actions alleging a
violation of a municipal ordinance shall be commenced in the municipal
court, in the municipal department of the district court where the
municipality is located, or in a district court pursuant to an interlocal
government agreement.
(b) Where Commenced Under Other Laws.
(1) All other actions shall be commenced in the district where the
alleged offense was committed, or in any district wherein an element of the
alleged offense was committed or occurred.
(2) The action may also be brought:
(i) in the district in which the county seat is located, if
(a) the alleged offense is a felony, or (b) if the defendant consents;
or
(ii) in an adjacent district in the same county, if the alleged offense
relates to driving, or being in actual physical control of a motor vehicle
and occurred within an enhanced enforcement district under RCW 2.56.110 or
any law amendatory thereof; or
(iii) in a district where a custodial facility is located, if the
defendant is incarcerated therein and transporting the defendant is not
practical.
(c) Two or More Districts. Where there is reasonable doubt whether an
alleged offense has been committed in one of two or more districts, the
action may be commenced in any such district.
(d) Right To Change. When a case is filed pursuant to section (c) of
this rule, the defendant shall have the right to change venue to any other
district in which the offense may have been committed.
(e) Objection. Any objection to venue must be made as soon after the
initial pleading is filed as the defendant has knowledge upon which to make
it.
RULE 5.2
CHANGE OF VENUE
(a) When Ordered--Improper District. The court shall order a change of
venue upon motion and showing that the action has not been prosecuted in
the proper district.
(b) When Ordered--On Motion. The court may order a change of venue to
another district in the same county, if any, or otherwise to an adjacent
district in another county if the defendant consents:
(1) Upon written agreement of the prosecuting authority and the
defendant; or
(2) Upon motion of the defendant, supported by affidavit, that the
defendant believes he or she cannot receive a fair trial in the district
where the action is pending; or
(3) Upon motion of either party that the convenience of witnesses or
the ends of justice would be served by such change; or
(4) Upon motion of either party or the court, to a district where a
custodial facility is located, if the defendant is incarcerated therein and
transporting the defendant is not practical.
(5) Upon the courts own motion, if all of the judges of a district are
disqualified from hearing the case. The court may also order a change of
venue to the district in which the county seat is located, if the defendant
consents.
(c) Procedure on Transfer. When the court orders a change of venue it
shall direct that all the papers and proceedings be certified to the court
of the proper district. The defendant and subpoenaed witnesses shall have a
continuing obligation to appear and attend as required.
RULE 5.3
SEVERAL CHARGING DOCUMENTS FOR SAME
OFFENSE--DIFFERENT COURTS
If two or more charging documents are filed against the same defendant
for the same offense in different courts, and if each court has
jurisdiction, the court in which the first charging document was filed
shall try the case. Upon motion by either party, or the court, the second
or several charging documents shall be forwarded for consolidation and
trial to the court in which a charging document was first filed.
RULE 6.1.1
TRIAL BY JURY
(a) Trial by Jury. Cases required to be tried by a jury shall be so
tried unless the defendant files a written waiver of a jury trial, and has
consent of the court.
(b) Demand by Prosecution. The prosecuting authority may demand a jury
trial when authorized by law. The demand shall be in writing and filed with
the court within 15 days after the defendant is arraigned. Notice of the
demand shall be served upon the defendant promptly thereafter.
(c) Number of Jurors. The number of persons serving on a jury shall be
six, not including alternates.
(d) Juror Unable To Continue. If a case has not yet been submitted to
the jury and a juror is unable to continue and no alternate jurors were
selected or none are available, or if a case has been submitted to the jury
and a juror is unable to continue, all defendants may elect to continue
with the remaining jurors. The court shall declare a mistrial for any
defendant who does not elect to continue with the remaining jurors. If
some, but not all, defendants elect to continue with the trial, the court
shall proceed with the trial for those defendants unless the court
determines manifest necessity requires a mistrial.
RULE 6.1.2
TRIAL BY THE COURT
(a) Trial Without Jury. In a case tried without a jury, the court shall
state separately findings of fact and conclusions of law.
(b) Stipulation or Submittal. A defendant, with the approval of the
prosecuting authority, may submit his or her case upon the police report
and other materials by stipulating to the admissibility thereof in lieu of
testimony. A written statement of the defendant in substantially the form
set forth below may be filed:
STATE OF WASHINGTON
COUNTY OF______________, ) Case No. ______
THE STATE OF WASHINGTON, )
CITY OR TOWN OF________, )
Plaintiff, ) STATEMENT OF DEFENDANT
v. ) ON SUBMITTAL OR
_______________, ) STIPULATION OF FACTS
Defendant. )
I am the defendant in this case. I wish to submit the case on the
record. I understand that this means that the judge will read the police
report and other materials and, based upon that evidence, the judge will
decide if I am guilty of the crime(s) of ___________________________.
I understand that, by this process, I am giving up the constitutional
right to a jury trial, the right to hear and question witnesses, the right
to call witnesses in my own behalf, and the right to testify or not to
testify.
I understand that the maximum sentence for the crime(s) is
______________________________________________________________________
and that the judge can impose any sentence up to the maximum, no matter
what the prosecution or the defense recommends.
No one has made any threats or promises to get me to submit this case
other than the prosecuting authority's promise to take the following action
and/or make the following recommendations:
______________________________________________________________________
_____________________________________________________________________.
Dated this _______ day of ____________________, 19____.
_________________________________
Defendant
________________________________ _________________________________
For the Prosecuting Authority Lawyer for Defendant
RULE 6.1.3
ORDER OF TRIAL
The order of trial shall be as follows, where applicable:
(a) The jury shall be sworn well and truly to try the case.
(b) Unless both parties waive opening statements, the prosecuting
authority shall make the opening statement outlining the evidence which
will be offered by the prosecution, and the defense may immediately
thereafter make an opening statement or such opening statement may be
reserved until after the conclusion of the prosecutions case in chief.
(c) The prosecution shall submit its evidence.
(d) The defense may challenge the sufficiency of the evidence at the
close of the prosecutions case in chief, and, if sustained, the case shall
be dismissed; otherwise, the defense may then offer its evidence.
(e) The parties may thereafter offer evidence in rebuttal and
surrebuttal. The court, for good cause shown or in the interest of justice,
may permit the parties to offer evidence upon their original cases.
(f) The instructions shall be given prior to closing argument.
(g) The prosecution may argue its case after which the defense may
argue followed by the prosecutions rebuttal. The length of time of all
arguments shall be fixed by the court in its discretion and announced
before the arguments are commenced. Equal time shall be allowed each party.
(h) After argument, the jury shall retire to consider its verdict, or
the court shall state its findings of fact and conclusions of law.
RULE 6.2
JURORS' ORIENTATION
All jurors shall be given a general orientation when they report for
jury. A copy of the Jurors Handbook to Washington Courts prepared by the
Superior Court Judges' Association of the State of Washington and the
District and Municipal Court Judges' Association should be provided to all
jurors.
RULE 6.3
SELECTING THE JURY
When the case is called for trial, the jurors shall be selected at
random from the jurors summoned who have appeared and have not been
excused.
RULE 6.4
CHALLENGES
(a) Challenges to the Entire Panel. Challenges to the entire panel
shall only be sustained for a material departure from the procedures
prescribed by law for their selection.
(b) Voir Dire. A voir dire examination shall be conducted under oath
for the purpose of discovering any basis for challenge for cause and for
the purpose of gaining knowledge to enable an intelligent exercise of
peremptory challenges. The judge shall initiate the voir dire examination
by identifying the parties and their respective lawyers and by briefly
outlining the nature of the case. The judge and the lawyers may then ask
the prospective jurors questions touching their qualifications to serve as
jurors in the case, subject to the supervision of the court as appropriate
to the facts of the case.
(c) Challenges for Cause.
(1) If the judge after examination of any juror is of the opinion that
grounds for challenge are present, he or she shall excuse that juror from
the trial of the case. If the judge does not excuse the juror, any party
may challenge the juror for cause.
(2) RCW 4.44.150 through 4.44.190 shall govern challenges for cause.
(d) Exceptions to Challenge.
(1) Determination. The challenge may be excepted to by the adverse
party for insufficiency and, if so, the court shall determine the
sufficiency thereof, assuming the facts alleged therein to be true. The
challenge may be denied by the adverse party and, if so, the court shall
try the issue and determine the laws and the facts.
(2) Trial of Challenges. Upon trial of a challenge, the rules of
evidence applicable to testimony offered upon the trial of an ordinary
issue of fact shall govern. The juror challenged, or any other person
otherwise competent, may be examined as a witness by either party. If a
challenge be determined to be sufficient, or if found to be true, as the
case may be, it shall be allowed, and the juror to whom it was taken
excluded; but if not so determined or found otherwise, it shall be
disallowed.
(e) Peremptory Challenges.
(1) Peremptory Challenges Defined. A peremptory challenge is an
objection to a juror for which there is no reason given, but upon which the
court shall exclude the juror. The defense and the prosecuting authority
may peremptorily challenge three jurors each. When several defendants are
on trial together, each defendant shall be entitled to one challenge in
addition to the number of challenges provided above, with discretion in the
trial judge to afford the prosecuting authority such additional challenges
as circumstances warrant.
(2) Peremptory Challenges--How Taken. After prospective jurors have
been passed for cause, peremptory challenges shall be exercised alternately
first by the prosecution then by each defendant, until the peremptory
challenges are exhausted or the jury accepted. Acceptance of the jury as
presently constituted shall not waive any remaining peremptory challenges
to jurors subsequently called.
RULE 6.5
ALTERNATE JURORS
When the jury is selected the court may direct the selection of one or
more additional jurors, in its discretion, to be known as alternate jurors.
Each party shall be entitled to one peremptory challenge for each alternate
juror to be selected. When several defendants are on trial together, each
defendant shall be entitled to one challenge in addition to the challenge
provided above, with discretion in the trial judge to afford the
prosecuting authority such additional challenges as circumstances warrant.
If at any time before submission of the case to the jury a juror is found
unable to perform his or her duties the court shall order the juror
discharged, and the clerk shall draw the name of an alternate who shall
take the jurors place on the jury.
RULE 6.6
JURORS' OATH
The jury shall be sworn or affirmed well and truly to try the issue
between the prosecuting authority and the defendant, according to the
evidence and instructions by the court.
RULE 6.7
CUSTODY OF JURY
(a) Generally. During trial and deliberations the jury may be allowed
to separate unless good cause is shown, on the record, for sequestration of
the jury.
(b) Communication Restricted. Unless the jury is allowed to separate,
the jurors shall be kept together under the charge of one or more officers
until they agree upon their verdict or are discharged by the court. The
officer shall keep the jurors separate from other persons and shall not
allow any communication which may affect the case to be made to the jurors,
nor make any himself or herself, unless by order of the court, except to
ask the jurors if they have agreed upon their verdict. The officer shall
not, before the verdict is rendered, communicate to any person the state of
the jurors' deliberations or their verdict.
(c) Motions. Any motions or proceedings concerning the separation or
sequestration of the jury shall be made out of the presence of the jury.
RULE CrRLJ 6.8
NOTE-TAKING BY JURORS
In all cases, jurors shall be allowed to take written notes
regarding the evidence presented to them and keep these notes
with them during their deliberation. The court may allow jurors
to keep these notes with them in the jury room during recesses,
in which case jurors may review their own notes but may not share
or discuss the notes with other jurors until they begin
deliberating. Such notes should be treated as confidential
between the jurors making them and their fellow jurors, and shall
be destroyed immediately after the verdict is rendered.
[Adopted effective September 1, 1987; amended effective October 1, 2002.]
RULE 6.9
VIEW OF PREMISES BY JURY
The court may allow the jury to view the place in which any material
fact occurred. In such event it shall order the jury to be conducted in a
body, in the custody of a proper officer of the court to the place which
shall be shown to them by the judge. The defendant shall be present at the
view. During the view, no person other than the judge or person authorized
by the judge shall speak to the jury on any subject relating to the trial.
RULE 6.10
DISCHARGE OF THE JURY
The jury may be discharged by the court on consent of both parties or
when it appears that there is no reasonable probability of their reaching
agreement.
RULE 6.11
JUDGE--DISABILITY
(a) Disability of Judge During Jury Trial. If, before the judge submits
the cause to the jury, he or she is unable to continue with the trial, any
other judge assigned to or regularly sitting in the court, upon becoming
familiar with the record of the trial, may proceed with the trial. Upon
defendant's objection to the replacement, a mistrial shall be granted. If,
after the judge submits the case to the jury, he or she is unable to
continue, the case shall proceed before another judge.
(b) Disability of Judge During Nonjury Trial. If a judge before whom
trial without jury has commenced is unable to proceed with the trial, a
mistrial shall be granted.
RULE 6.12
WITNESSES
(a) Who May Testify. Any person may be a witness in any action or
proceeding under these rules except as hereinafter provided or as provided
in the Rules of Evidence.
(b) When Excused. A witness subpoenaed to attend in a criminal case is
dismissed and excused from further attendance as soon as he or she has
given his or her testimony in chief and has been cross-examined thereon,
unless either party makes request in open court that the witness remain in
attendance; and witness fees will not be allowed any witness after the day
on which his or her testimony is given, except when the witness has in open
court been required to remain in further attendance.
(c) Persons Incompetent To Testify. The following persons are
incompetent to testify: (1) those who are of unsound mind, or intoxicated
at the time of their production for examination; and (2) those who do not
have the capacity of receiving just impressions of the facts about which
they are examined or who do not have the capacity of relating them truly.
This shall not affect any recognized privileges.
(d) Not Excluded on Grounds of Interest. No person offered as a witness
shall be excluded from giving evidence by reason of his or her interest in
the result of the action, as a party thereto or otherwise, but such
interest may be shown to affect his or her credibility.
6.13 EVIDENCE (IN WORD FORMAT) The contents of this item are only available on-line.
RULE 6.14
IMMUNITY
In any case, the court on motion of the prosecuting authority may order
that a witness shall not be excused from giving testimony or producing any
papers, documents or things, on the ground that such testimony may tend to
incriminate or subject the witness to a penalty or forfeiture arising from
the commission of a gross misdemeanor, misdemeanor, or traffic infraction;
but the witness shall not be prosecuted or subjected to criminal penalty or
forfeiture for or on account of any gross misdemeanor, misdemeanor, or
traffic infraction concerning which the witness has been ordered to testify
pursuant to this rule. If such testimony may tend to incriminate or subject
the witness to a penalty or forfeiture arising from the commission of a
felony, immunity may only be sought with the concurrence of the prosecuting
authority in whose county the offense occurred. The witness may
nevertheless be prosecuted for failing to comply with the order to answer,
or for perjury or the giving of false evidence.
RULE CrRLJ 6.15
INSTRUCTIONS AND ARGUMENT
(a) Proposed Instructions. Unless otherwise ordered by the
court, proposed jury instructions shall be served and filed when
a case is called for trial by serving one copy upon the lawyer
for each party, by filing one copy with the clerk, and by
delivering the original and one additional copy for each party to
the trial judge. Additional instructions, which could not be
reasonably anticipated, shall be served and filed at any time
before the court has instructed the jury. Each proposed
instruction shall be on a separate sheet of paper. The original
shall not be numbered nor include citations of authority. A court
of limited jurisdiction may adopt local rules permitting certain
instructions to be requested by number from any published book of
instructions.
(b) Objections to Instructions. Before instructing the jury,
the court shall supply the lawyers with copies of the proposed
instructions, verdict and special finding forms. The court shall
afford the lawyers an opportunity in the absence of the jury to
object to the giving of any instructions and the refusal to give
a requested instruction or submission of a verdict or special
finding form. The party objecting shall state the reasons for the
objection, identifying the instruction and specifying the
particular part of the instruction to be given or refused. The
court shall provide the lawyer for each party with a copy of the
instructions in final form.
(c) Instructing the Jury and Argument of Counsel. The court
shall read the instructions to the jury. The prosecuting
authority may then address the jury after which the defense may
address the jury followed by the prosecuting authority's
rebuttal.
(d) Deliberation. After argument, the jury shall retire to
consider the verdict. The jury shall take with it the
instructions given, all exhibits received in evidence, and a
verdict form or forms.
(e) Questions from Jury During Deliberations.
(1) The jury shall be instructed that any question it
wishes to ask the court about the instructions or evidence
should be signed, dated and submitted in writing to the
bailiff. The court shall notify the parties of the contents
of the questions and provide them an opportunity to comment
upon an appropriate response. Written questions from the
jury, the court’s response and any objections thereto shall
be made a part of the record. The court shall respond to
all questions from a deliberating jury in open court or in
writing. In its discretion, the court may grant a jury’s
request to rehear or replay evidence, but should do so in a
way that is least likely to be seen as a comment on the
evidence, in a way that is not unfairly prejudicial and in a
way that minimizes the possibility that jurors will give
undue weight to such evidence. Any additional instruction
upon any point of law shall be given in writing.
(2) After jury deliberations have begun, the court shall not
instruct the jury in such a way as to suggest the need for
agreement, the consequences of no agreement, or the length of
time a jury will be required to deliberate.
(f) Several Offenses. The verdict forms for an offense
charged or necessarily included in the offense charged or an
attempt to commit either the offense charged or any offense
necessarily included therein may be submitted to the jury.
[Adopted effective September 1, 1987; amended effective October 1, 2002.]
CrRLJ 6.16
Verdicts and Findings
(a) Verdicts.
(1) Several Defendants. If there are two or more defendants, the jury at
any time during its deliberations may return a verdict or verdicts with respect
to a defendant or defendants as to whom it has agreed; if a jury cannot agree
with respect to all, the defendant or defendants as to whom it does not agree
may be tried again.
(2) Return of Verdict. When all members of the jury agree upon a verdict
of guilty or not guilty, the presiding juror shall complete and sign the
verdict form and return it to the judge in open court.
(3) Poll of Jurors. When a verdict or special finding is returned and
before it is recorded, the jury shall be polled at the request of any party or
upon the courts own motion. If at the conclusion of the poll, all of the jurors
do not concur, the jury may be directed to retire for further deliberations or
may be discharged by the court.
(b) Special Findings. The court may submit to the jury forms for such
special findings which may be required or authorized by law. The court shall
give such instruction as may be necessary to enable the jury both to make these
special findings or verdicts and to render a general verdict. When a special
finding is inconsistent with another special finding or with the general
verdict, the court may order the jury to retire for further consideration.
(c) Not Guilty By Reason of Insanity.
(1) Procedure When Verdict Received. If a defendant is acquitted of a
crime by reason of insanity, the court shall either direct the defendant's
release or shall order the defendant's hospitalization or an appropriate
alternative treatment as mandated by RCW 10.77.110. Prior to the entry of an
appropriate order releasing or detaining the defendant, the court shall advise
the defendant: (i) of the need to surrender any firearm and any concealed
pistol license, and of the prohibition upon the possession of any firearm or of
a concealed pistol license; (ii) of the time limits on the right to collateral
attack imposed by RCW 10.73.090 and .100; and (iii) if the defendant is
acquitted of a sex offense or kidnapping offense as defined in RCW 9A.44.130,
of the need to register as a sex offender or kidnapping offender.
(2) Form of Notice. The form shall be in substantially the following form:
SUPERIOR COURT OF WASHINGTON
FOR [ ] COUNTY
STATE OF WASHINGTON, ) No.
Plaintiff, ) NOT GUILTY BY REASON OF INSANITY
vs. ) ACQUITTEE'S NOTICE OF
) [X] FIREARM DISABILITY
_______________________, ) [X] TIME LIMITS ON COLLATERAL ATTACKS
Defendant. ) [ ] SEX OFFENDER OR KIDNAPPING
) [ ] OFFENDER REGISTRATION REQUIREMENTS
)
TO THE ABOVE-NAMED DEFENDANT:
You are hereby advised that you have been acquitted by reason of insanity
of the offense of ____________________.
YOU ARE ADVISED THAT YOU ARE TO IMMEDIATELY SURRENDER ANY FIREARM AND ANY
CONCEALED PISTOL LICENSE AND YOU MAY NOT POSSESS A FIREARM OR A CONCEALED
PISTOL LICENSE UNTIL YOUR RIGHT HAS BEEN RESTORED BY A COURT OF RECORD.
You are further advised that if you wish to petition or move for collateral
attack on any order of hospitalization or order mandating alternative treatment
less restrictive than detention in a state hospital, including but not limited
to any personal restraint petition, state habeas corpus petition, motion to
vacate judgment, motion to withdraw guilty plea, motion for new trial or motion
to arrest judgment, you must do so within one year of the final judgment in
this matter, except as provided for in RCW 10.73.100. In re Personal Restraint
of Well, 133 Wn.2d 433, 946 P.2d 750 (1997).
If the following numbered paragraphs apply, they should initialed by the
Defendant and the Judge.
1. General Applicability and Requirements. Because the offense which you have
been acquitted of committing by reason of insanity is classified as a sex
offense or kidnapping offense in RCW 9A.44.130, you will be required to
register with the sheriff of the county of the state of Washington where you
reside. If you are not a resident of Washington but you are a student in
Washington or you are employed in Washington or you carry on a vocation in
Washington, you must register with the sheriff of the county of your school,
place of employment, or vocation. You must register immediately upon being
acquitted by reason of insanity unless you are in custody, in which case you
must register at the time of your release with the person designated by the
agency that has you in custody and you must also register within 24 hours of
your release with the sheriff of the county of the state of Washington where
you will be residing, or if not residing in the state of Washington, where you
are a student, where you are employed, or where you carry on a vocation.
2. Offenders Who Leave the State and Return: If you leave this state
following your acquittal or release from custody but later move back to
Washington, you must register within three business days after moving to this
state or within 24 hours after doing so if you are under the jurisdiction of
this state's Department of Social and Health Services. If you leave this state
following your acquittal or release from custody, but later while not a
resident of Washington you become employed in Washington, carry on a vocation
in Washington, or attend school in Washington, you must register within three
business days after attending school in this state or becoming employed or
carrying out a vocation in this state, or within 24 hours after doing so if you
are under the jurisdiction of this state's Department of Social and Health Services.
3. Change of Residence Within State and Leaving the State: If you change your
residence within a county, you must send signed written notice of your change
of residence to the sheriff within 72 hours of moving. If you change your
residence to a new county within this state, you must send signed written
notice of the change of address at least 14 days before moving to the county
sheriff in the new county of residence and you must register with the sheriff
of the new county within 24 hours of moving. You must also give signed written
notice of your change of address to the sheriff of the county where last
registered within 10 days of moving. If you move out of Washington State, you
must send written notice within 10 days of moving to the new state or foreign
country to the county sheriff with whom you last registered in Washington State.
4. Additional Requirements Upon Moving to Another State: If you move to
another state, or if you work, carry on a vocation, or attend school in another
state you must register a new address, fingerprints, and photograph with the
new state within 10 days after establishing residence, or after beginning to
work, carry on a vocation, or attend school in the new state. You must also
send written notice within 10 days of moving to the new state or to a foreign
country to the county sheriff with whom you last registered in Washington State.
5. Notification Requirement When Enrolling in or Employed by a Public or
Private Institution of Higher Education or Common School (K-12): If you are a
resident of Washington and you are admitted to a public or private institution
of higher education, you shall, within 10 days of enrolling or by the first
business day after arriving at the institution, whichever is earlier, notify
the sheriff of the county of your residence of your intent to attend the
institution. If you become employed at a public or private institution of
higher education, You are required to notify the sheriff for the county of
your residence of your employment by the institution within 10 days of
accepting employment or by the first business day after beginning to work at
the institution, whichever is earlier. If your enrollment or employment at a
public or private institution of higher education is terminated, you are
required to notify the sheriff for the county of your residence of your
termination of enrollment or employment within 10 days of such termination. If
you attend, or plan to attend, a public or private school regulated under Title
28A RCW or chapter 72.40 RCW, you are required to notify the sheriff of the
county of your residence of your intent to attend the school. You must notify
the sheriff within 10 days of enrolling or 10 days prior to arriving at the
school to attend classes, whichever is earlier. The sheriff shall promptly
notify the principal of the school.
6. Registration by a Person Who Does Not Have a Fixed Residence: Even if you
do not have a fixed residence, you are required to register. Registration
must occur within 24 hours of release in the county where you are being
supervised if you not have a residence at the time of your release from
custody. Within 48 hours, excluding weekends and holidays, after losing your
fixed residence, you must send signed written notice to the sheriff of the
county where you last registered. If you enter a different county and stay
there for more than 24 hours, you will be required to register in the new
county. You must also report in person to the sheriff of the county where you
are registered on a weekly basis. The weekly report will be on a day specified
by the county sheriff's office, and shall occur during normal business hours.
You may be required to provide a list of the locations where you have stayed
during the last seven days. The lack of a fixed residence is a factor that may
be considered in determining a sex offender's risk level and shall make you
subject to disclosure to the public at large pursuant to RCW 4.24.550.
7. Reporting Requirements for Persons Who Are Risk Level II or III: If you
have a fixed residence and you are designated as a risk level II or III, you
must report, in person, every 90 days to the sheriff of the county where you
are registered. Reporting shall be on a day specified by the county sheriff's
office, and shall occur during normal business hours. If you comply with the
90-day reporting requirement with no violations for at least five years in the
community, you may petition the superior court to be relieved of the duty to
report every 90 days.
8. Application for a Name Change: If you apply for a name change, you must
submit a copy of the application to the county sheriff of the county of your
residence and to the state patrol not fewer than five days before the entry of
an order granting the name change. If you receive an order changing your name,
you must submit a copy of the order to the county sheriff of the county of your
residence and to the state patrol within five days of the entry of the order.
RCW 9A.44.130(7).
The warning regarding firearms has been read to the defendant.
DATED:
__________________________
Judge/Commissioner/Pro Tem
_____________________________
Defendant's Signature
Defendant's Last Name First Name Middle Name
_______________________________________________________________
List any aliases
_______________________________________________________________
Residential Street Address City State Zip
_______________________________________________________________
Date of Birth (month/date/year) Driver's License/ID Number
_______________________________________________________________
Race __________ Sex _______ Weight _______ Height ______
Eyes _________ Hair _________
Court NCIC # ___________________________________
Submit to: Dept. of Licensing, Business & Professions Firearms Unit,
PO Box 9649, Olympia, WA 98507-9649
(3) Record. A verbatim record of the notice of verdict return proceedings
shall be made. The clerk of the court shall forward a copy of the notice of
firearm disability to the Department of Licensing, Business & Professions Firearms Unit.
RULE 7.1
(RESERVED)
RULE CrRLJ 7.2
SENTENCING
(a) Generally. The court shall state the precise terms of the
sentence, which shall include credit for all time spent in custody
in connection with the offense.
(b) Procedure at Time of Sentencing. The court shall,
immediately after sentencing, unless the judgment and sentence are
based on a plea of guilty, advise the defendant: (1) of the right to
appeal the conviction pursuant to the RALJ or CrRLJ 9.1; (2) that
unless a notice of appeal is filed in the court of limited
jurisdiction within 30 days after the entry of the judgment and
sentence or order appealed from, the right to appeal is waived; (3)
that the notice of appeal must be served on all other parties; (4)
that the court clerk will, if requested by the defendant appearing
without a lawyer, supply a notice of appeal form; (5) of the
defendant's right to a lawyer on appeal, and, if unable to pay the
costs thereof, to have a lawyer appointed and portions of the trial
record necessary for review prepared at public expense for an
appeal; and (6) of the time limits on the right to collateral attack
imposed by RCW 10.73.090 and .100. These proceedings shall be made a
part of the record.
(c) Sentence. Before imposing sentence, the court shall afford
the defendant, and the prosecuting authority, an opportunity to make
a statement and to present information in extenuation, mitigation,
or aggravation of punishment.
(d) Record. A record of the sentencing proceedings shall be
made. The sentencing and judgment records of the courts of limited
jurisdiction shall be preserved in perpetuity, either in an
electronic or hard copy format. "Hard copy format" may include
microfilm, microfiche, or a paper copy. The record of the sentencing
proceedings shall be prima facie evidence of a valid conviction in
subsequent proceedings in courts of limited jurisdiction and in
superior court.
(e) Judgment and Sentence.
(1) An electronic judgment and sentence shall be prescribed by
the Administrator for the Courts in conjunction with the Judicial
Information System Committee (JISC).
(2) A non-electronic judgment and sentence form shall be
prescribed by the Administrator for the Courts in conjunction with
the Supreme Court Pattern Forms Committee.
(3) Notwithstanding any other statute or rule to the contrary,
each judgment and sentence form, either electronic or hard copy,
shall be preserved by the court in perpetuity.
[Amended effective September 1, 1991; September 1, 1995; June 4, 1997.]
RULE CrRLJ 7.3
JUDGMENT
A judgment of conviction shall set forth whether the defendant was
represented by a lawyer or waived representation by a lawyer, the plea, the
verdict or findings, and the adjudication and sentence. The court may order
that its sentence include special conditions or requirements, including a
specified schedule for the payment of a fine, restitution, or other costs, or
the performance of community service. If the defendant is found not guilty or
for any other reason is entitled to be discharged, judgment shall be entered
accordingly. The judge or clerk shall enter the judgment on the record. The
judgment and record of the sentencing proceedings of the courts of limited
jurisdiction shall be preserved in perpetuity, either in an electronic or hard
copy format. "Hard copy format" may include microfilm, microfiche, or a paper
copy. At a minimum, the judgment and record of the sentencing proceedings shall include:
(a) Defendant's name;
(b) Defendant's ID numbers;
(c) Citation to the statute or ordinance, including subsections,
under which the defendant was sentenced;
(d) Identification of any charge to which the defendant pled guilty or
was found guilty that is a crime of domestic violence under state law;
(e) Arraignment date;
(f) The plea, and the date entered;
(g) Representation by or waiver of lawyer, as well as date of lawyer's
appearance or waiver;
(h) The parties present, including but not limited to the judge,
attorneys, prosecutor, defense counsel, witnesses;
(i) Verdict or findings, and the date entered;
(j) Adjudication and sentence, and the date entered;
(k) Conditions or requirements of the sentence, including but not limited
to a specified schedule for the payment of a fine, restitution,
or other costs, performance of community service, counseling or treatment;
(l) The outcomes of any hearings held on the case, including but not limited
to noncompliance hearings, reviews.
The judgment and record of the sentencing proceedings shall be prima facie
evidence of a valid conviction in subsequent proceedings in courts of limited
jurisdiction and in superior court.
[Amended effective June 4, 1997; amended effective Dec. 2010.]
RULE 7.4
ARREST OF JUDGMENT
(a) Arrest of Judgment. Judgment may be arrested on the motion of the
defendant for the following causes: (1) lack of jurisdiction of the person
or offense; (2) the complaint or citation and notice does not charge a
crime; or (3) insufficiency of the proof of a material element of the
crime.
(b) Time for Motion; Contents of Motion. A motion for arrest of
judgment must be served and filed within 5 days after the verdict or
decision. The motion for arrest of judgment shall identify the specific
reasons in fact and law for each ground on which the motion is based.
(c) New Charges After Arrest of Judgment. When judgment is arrested and
there is reasonable ground to believe that the defendant can be convicted
of an offense properly charged, the court may order the defendant to be
recommitted or released to answer a new complaint or citation and notice.
If judgment was arrested because there was no proof of a material element
of the crime the defendant shall be discharged.
(d) Rulings on Alternative Motions in Arrest of Judgment or for a New
Trial. Whenever a motion in arrest of a judgment and, in the alternative,
for a new trial is filed and submitted in any criminal cause tried before a
jury, and the court enters an order granting the motion in arrest of
judgment, the court shall, at the same time, in the alternative, pass upon
and decide in the same order the motion for a new trial. The ruling upon
the motion for a new trial shall not become effective unless and until the
order granting the motion in arrest of judgment is reversed, vacated, or
set aside in the manner provided by law.
RULE 7.5
NEW TRIAL
(a) Grounds for New Trial. The court may, on its own motion or on
motion of the defendant, grant a new trial for any one of the following
causes when it affirmatively appears that a substantial right of the
defendant was materially affected:
(1) Receipt by the jury of any evidence, paper, document or book not
allowed by the court;
(2) Misconduct of the prosecution or jury;
(3) Newly discovered evidence material for the defendant, which the
defendant could not have discovered with reasonable diligence and produced
at the trial;
(4) Accident or surprise;
(5) Irregularity in the proceedings of the court, jury or prosecution,
or any order of court, or abuse of discretion, by which the defendant was
prevented from having a fair trial;
(6) Error of law occurring at the trial and objected to at the time by
the defendant;
(7) That the verdict or decision is contrary to law and the evidence;
(8) That substantial justice has not been done. When the motion is
based on matters outside the record, the facts shall be shown by affidavit.
(b) Time for Motion; Contents of Motion. A motion for new trial must be
served and filed within 5 days after the verdict or decision. The motion
for a new trial shall identify the specific reasons in fact and law for
each ground on which the motion is based.
(c) Time for Affidavits. When a motion for a new trial is based upon
affidavits they shall be served with the motion. The prosecuting authority
has 5 days after such service within which to serve opposing affidavits.
The court may extend the period for submitting affidavits to a time certain
for good cause shown or upon stipulation.
(d) Statement of Reasons. In all cases where the court grants a motion
for a new trial, it shall, in the order granting the motion, state whether
the order is based upon the record or upon facts and circumstances outside
the record which cannot be made a part thereof. If the order is based upon
the record, the court shall give definite reasons of law and fact for its
order. If the order is based upon matters outside the record, the court
shall state the facts and circumstances upon which it relied.
RULE 7.6
PROBATION
(a) Probation. After conviction of an offense the defendant may be
placed on probation as provided by law.
(b) Revocation or Modification of Probation. The court shall not revoke
or modify probation except (1) after a hearing in which the defendant shall
be present and apprised of the grounds on which such action is proposed, or
(2) upon stipulation of the parties. The defendant is entitled to be
represented by a lawyer and may be released pursuant to rule 3.2 pending
such hearing. A lawyer shall be appointed for a defendant financially
unable to obtain one.
RULE 7.7
(RESERVED)
RULE 7.8
RELIEF FROM JUDGMENT OR ORDER
(a) Clerical Mistakes. Clerical mistakes in judgments, orders or other
parts of the record and errors therein arising from oversight or omission
may be corrected by the court at any time of its own initiative or on the
motion of any party and after such notice, if any, as the court orders.
Such mistakes may be so corrected before review is accepted by the superior
court and thereafter may be corrected by order of the superior court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered
Evidence; Fraud; etc. On motion and upon such terms as are just, the court
may relieve a party from a final judgment, order, or proceeding for the
following reasons:
(1)Mistakes, inadvertence, surprise, excusable neglect or irregularity
in obtaining a judgment or order;
(2) Newly discovered evidence which by due diligence could not have
been discovered in time to move for a new trial under rule 7.5;
(3) Fraud (whether heretofore denominated intrinsic or extrinsic),
misrepresentation, or other misconduct of an adverse party;
(4) The judgment is void; or
(5) Any other reason justifying relief from the operation of the
judgment.
The motion shall be made within a reasonable time and for reasons (1)
and (2) not more than 1 year after the judgment, order, or proceeding was
entered or taken, and is further subject to RCW 10.73.090, .100, .130, and
.140. A motion under this section does not affect the finality of the
judgment or suspend its operation.
(c) Procedure on Vacation of Judgment.
(1) Motion. Application shall be made by motion stating the grounds
upon which relief is asked, and supported by affidavits setting forth a
concise statement of the facts or errors upon which the motion is based.
(2) Initial Consideration. The court may deny the motion without a
hearing if the facts alleged in the affidavits do not establish grounds for
relief. Otherwise, the court shall enter an order fixing a time and place
for hearing and directing the adverse party to appear and show cause why
the relief asked for should not be granted.
RULE 8.1
TIME
(a) Computation. Time shall be computed in accordance with CRLJ 6(a).
(b) Enlargement. When by these rules or by a notice given thereunder or
by order of court an act is required or allowed to be done at or within a
specified time, the court for cause shown may at any time in its
discretion, (1) with or without motion or notice, order the period
enlarged if request therefor is made before the expiration of the period
originally prescribed or as extended by a previous order or, (2) upon
motion made after the expiration of the specified period, permit the act to
be done where the failure to act was the result of excusable neglect. The
court may not extend the time for taking any actions under rules 7.4, 7.5,
7.8, and 9.1.
(c) For Motions--Affidavits. A written motion, other than one which may
be heard ex parte, and notice of the hearing thereof shall be served not
later than 5 days before the time specified for the hearing, unless a
different period is fixed by these rules or by order of the court. Such an
order may for cause shown be made on ex parte application. When a motion is
supported by affidavit, the affidavit shall be served with the motion;
except as otherwise provided in rule 7.5, opposing affidavits may be served
not later than 1 day before the hearing, unless the court permits them to
be served at some other time.
RULE 8.2
MOTIONS
Rules 3.5 and 3.6 and CRLJ 7(b) shall govern motions in criminal cases.
CrRLJ 8.3
DISMISSAL
(a) On Motion of Prosecution. The court may, in its discretion, upon motion
of the prosecuting authority setting forth the reasons therefor, dismiss a
complaint or citation and notice.
(b) On Motion of Court. The court, in the furtherance of justice after
notice and hearing, may dismiss any criminal prosecution due to arbitrary
action or governmental misconduct when there has been prejudice to the rights
of the accused which materially affect the accused's right to a fair trial. The
court shall set forth its reasons in a written order.
(c) On Motion of Defendant for Pretrial Dismissal. The defendant may,
prior to trial, move to dismiss a criminal charge due to insufficient evidence
establishing a prima facie case of the crime charged.
(1) The defendant's motion shall be in writing and supported by an
affidavit or declaration alleging that there are no material disputed facts and
setting out the agreed facts, or by a stipulation to facts by both parties. The
stipulation, affidavit or declaration may attach and incorporate police
reports, witness statements or other material to be considered by the court
when deciding the motion to dismiss. Any attached reports shall be redacted if
required under the relevant court rules and statutes.
(2) The prosecuting authority may submit affidavits or declarations in
opposition to defendant's supporting affidavits or declarations. The affidavits
or declarations may attach and incorporate police reports, witness statements
or other material to be considered by the court when deciding defendant's
motion to dismiss. Any attached reports shall be redacted if required under the
relevant court rules and statutes.
(3) The court shall grant the motion if there are no material disputed
facts and the undisputed facts do not establish a prima facie case of guilt. In
determining defendant's motion, the court shall view all evidence in the light
most favorable to the prosecuting authority and the court shall make all
reasonable inferences in the light most favorable to the prosecuting authority.
The court may not weigh conflicting statements and base its decision on the
statement it finds the most credible. The court shall not dismiss a sentence
enhancement or aggravating circumstance unless the underlying charge is subject
to dismissal under this section. A decision denying a motion to dismiss under
this rule is not subject to appeal under RALJ 2.2. A defendant may renew the
motion to dismiss if the trial court subsequently rules that some or all of the
prosecuting authority's evidence is inadmissible.
(4) If the defendant's motion to dismiss is granted, the court shall enter
a written order setting forth the evidence relied upon and conclusions of law.
The granting of defendant's motion to dismiss shall be without prejudice.
[Amended effective September 1, 1995; September 1, 2008.]
RULE 8.4
SERVICE, FILING, AND SIGNING OF PAPERS
(a) Service: When Required. Except as otherwise provided in these
rules, every order required by its terms to be served, every pleading
subsequent to the original complaint or citation and notice, every paper
relating to discovery required to be served upon a party unless the court
otherwise orders, every written motion other than one which may be heard ex
parte, and every written notice, appearance, demand, application,
designation of record on appeal, and similar paper shall be served upon
each of the parties.
(b) Service: How Made.
(1) On Lawyer or Party. Whenever under these rules service is required
or permitted to be made upon a party represented by a lawyer the service
shall be made upon the lawyer unless service upon the party is ordered by
the court. Service upon the lawyer or upon a party shall be made by
delivering a copy to the person or by mailing it to the persons last known
address. Delivery of a copy within this rule means: handing it to the
lawyer or to the party; or leaving it at the persons office with a clerk or
other person in charge thereof; or, if there is no one in charge, leaving
it in a conspicuous place therein; or, if the office is closed or the
person to be served has no office, leaving it at the persons dwelling house
or usual place of abode with some person of suitable age and discretion
then residing therein.
(2) Service by Mail.
(i) How Made. CRLJ 5(b)(2)(i) shall govern service by mail.
(ii) Proof of Service by Mail. Proof of service by mail may be by
affidavit or certification, under RCW 9A.72.085 or any law amendatory
thereof, of the person who mailed the papers, or by written acknowledgment
of service.
(c) Filing With Court. The complaint or citation and notice shall be
filed as in rule 2.1. All other pleadings required to be served upon a
party shall be filed with the court pursuant to CRLJ 5(e).
(d) Bar Association Membership Number. All pleadings, motions, and
legal memoranda signed by an attorney shall include the attorneys
Washington State Bar Association membership number in the signature block.
(e) Filing by Facsimile. (Reserved. See GR 17--Facsimile Transmission.)
RULE 8.5
(RESERVED)
RULE 8.6
OBJECTIONS AND EXCEPTIONS
CRLJ 46 shall govern objections and exceptions to rulings and orders in
criminal cases.
RULE 8.7
(RESERVED)
RULE 8.8
DISCHARGE
Upon acquittal, or whenever the court shall direct any criminal
prosecution to be dismissed, the defendant shall be released from custody
or conditions of release on such charge and any bail shall be exonerated.
RULE 8.9
DISQUALIFICATION OF JUDGE
(a) Disqualification. In any case pending in any court of limited
jurisdiction, unless otherwise provided by law, the judge thereof shall be
deemed disqualified to hear and try the case when the judge is in any way
interested or prejudiced. The judge may enter an order of disqualification.
(b) Affidavit of Prejudice. The judge shall also enter an order of
disqualification under the provisions of this rule if, before the judge
makes a discretionary ruling and before the trial is commenced, a party
files an affidavit alleging that the party cannot have a fair and impartial
trial by reason of the interest or prejudice of the judge or for other
ground provided by law. Only one such affidavit shall be filed on behalf of
the same party in the case and the affidavit shall be made as to only one
of the judges of the court. All rights to an affidavit of prejudice will be
considered waived when filed more than 10 days after the defendant's plea
is entered or arraignment is waived, unless the affidavit alleges a
particular incident, conversation or utterance by the judge, which was not
known to the party within the 10-day period. In multiple judge courts, or
when a pro tempore or visiting judge is designated as the judge, the 10-day
period shall commence on the date that the party has actual notice of
assignment or reassignment to a designated judge.
(c) Transfer. Whenever a judge is disqualified, the judge shall
immediately make an order transferring and removing the case to another
judge authorized by law to hear the case.
RULE 8.10
CLOSURE OF PROCEEDINGS AND SEALING
OF RECORDS
(a) Proceedings and Records To Be Open. Court proceedings shall be open
to the public, and court records denominated public records under ARLJ 9
shall be available for public inspection, unless the court orders closure
or sealing, or other restrictions, pursuant to this rule.
(b) Grounds for Closure or Sealing Before Charges Filed. Before charges
are filed, the court may order proceedings closed or records sealed only
upon a showing that
(1) There is a likelihood of jeopardy to an accused's right to a fair
trial; or
(2) There exists a substantial threat to effective law enforcement; or
(3) There exists a substantial threat to the privacy or safety of an
individual; or
(4) For other good cause shown; and that there are no less restrictive
means available to protect the interest threatened.
(c) Grounds for Closure or Sealing After Charges Filed. After charges
are filed, the court may order proceedings closed or records sealed only
upon a showing that
(1) There is a substantial probability of jeopardy to an accused's
right to a fair trial; or
(2) There exists a serious and imminent threat to effective law
enforcement; or
(3) There exists a serious and imminent threat to the privacy or safety
of an individual; or
(4) For other good cause shown; and that there are no less restrictive
means available to protect the interest threatened.
(d) Determination. Upon motion and supporting affidavit, the court
shall determine whether a proceeding should be closed or records sealed.
(1) The proponent shall state the grounds for the motion with
reasonable specificity, consistent with the protection of the interest
threatened. Any person present when the motion is made shall be given an
opportunity to object to the proposed restriction.
(2) If the motion is made upon grounds set forth in (b)(1) or (c)(1),
any person objecting to closure or sealing shall have the burden of
suggesting effective alternatives. Otherwise, the proponent shall have the
burden of showing that restrictions are necessary.
(e) Order of Closure or Sealing. Upon determining that a proceeding
should be closed or records sealed, the court shall promptly thereafter
prepare
(1) A transcript of any in camera proceedings; and
(2) An order of closure or sealing; and
(3) Written findings of fact and conclusions of law setting forth with
specificity the courts consideration of the issues, including alternative
methods suggested. If the order involves the sealing of records, it shall
apply for a specific time period and require the proponent to come before
the court at a time specified in the order to justify continued sealing.
(f) Other Order. If the court determines that there exists an
alternative less restrictive than closure or sealing which will protect the
threatened interest, it may issue an appropriate order and shall thereafter
prepare the documents specified in section (e).
(g) Exclusion of Witness. This rule shall not apply to circumstances
governed by ER 615.
(h) Discovery. This rule shall not apply to discovery procedures
governed by rule 4.7.
(i) Disclosure Procedure. Reserved. See ARLJ 9.
RULE 8.11
DISCLOSURE OF RECORDS
Disclosure of records of courts of limited jurisdiction shall be
governed by ARLJ 9 and by RCW 10.97.
CrRLJ 8.12
REPORTING TRAFFIC OFFENSES
The court shall upon entry of bail forfeiture or entry of judgment
of guilty of a criminal traffic offense forward to the Department of
Licensing a copy of the complaint or citation and notice to appear and
an abstract of the courts order.
[Adopted effective September 1, 1987; November 21, 2006.]
RULE 9.1
PERFECTING OF APPEAL
(a) Scope of Rule. This rule applies only to proceedings which are not
subject to appellate review under the Rules for Appeal of Decisions of
Courts of Limited Jurisdiction. The proceedings to which those rules apply
are defined by RALJ 1.1.
(b) Venue. Appeals shall be to the superior court of the county in
which the court of limited jurisdiction is located. The appeal from a
district court located in a joint district court district shall be made to
the superior court of the county where the offense was alleged to have been
committed.
(c) Notice of Appeal. The appeal shall be taken by filing in the court
of limited jurisdiction that entered the decision a written notice of
appeal containing the address of the appellant and the appellant's lawyer
within 30 days after entry of judgment. If a motion for a new trial or for
arrest of judgment has been timely made, the notice of appeal shall be
filed within 30 days after entry of the order denying the motion. The clerk
of the court of limited jurisdiction shall immediately upon the filing of a
notice of appeal file a copy of the notice with the superior court. Filing
the notice of appeal is the only jurisdictional requirement for an appeal.
A party filing a notice of appeal shall also, within the same 30 days,
serve a copy of the notice of appeal upon the prosecuting authority. An
acknowledgment or affidavit of service shall be filed in the court of
limited jurisdiction.
(d) The Record. Within 14 days after the filing of the notice of
appeal, the clerk of the court of limited jurisdiction shall file with the
clerk of the superior court in which the appeal is pending a transcript
duly certified by the court of limited jurisdiction, furnished without
charge, containing a copy of all written pleadings and docket entries and
including exhibits introduced into evidence in the trial before the court
of limited jurisdiction. A cash bail or bail bond filed in the lower court
shall at the same time be transferred to the superior court, there to be
held pending disposition of the appeal. Evidence not offered in trial in
the superior court shall be returned to the court of limited jurisdiction.
(e) Notice of Filing. The court of limited jurisdiction shall give
prompt notice of the filing or mailing of the transcript to the respondent
and appellant, giving such particulars as date of filing or mailing and
superior court file number if known. Where the court of limited
jurisdiction is not located at the county courthouse, such filing may be
made by certified mail, in which case the court of limited jurisdiction
shall advise appellant and respondent of the date of mailing.
(f) Noting for Trial. Within 21 days after the transcript is filed, the
superior court shall set a trial date and notify the parties of the date.
(Amended September 1, 1996)
RULE 9.2
IMPOSITION OF SENTENCE PENDING APPEAL
(a) Scope of Rule. This rule applies only to proceedings which are not
subject to appellate review under the Rules for Appeal of Decisions of
Courts of Limited Jurisdiction. The proceedings to which those rules apply
are defined by RALJ 1.1.
(b) Stay of Sentence. All sentences shall be stayed if an appeal is
taken and the defendant posts cash bail or a bond to the state which shall
be deposited with the clerk of the court of limited jurisdiction, in such
reasonable sum with sureties as the lower court judge may require, upon the
following conditions: that the defendant will diligently prosecute the
appeal, and will appear at the court appealed to and comply with any
sentence of the superior court, and will, if the appeal is dismissed for
any reason, comply with the sentence of the lower court.
(c) Imposition of Sentence. If the appellant fails to provide security,
sentence imposed shall be executed.
RULE 9.3
PROSECUTION OF APPEAL
(a) Scope of Rule. This rule applies only to proceedings which are not
subject to appellate review under the Rules for Appeal of Decisions of
Courts of Limited Jurisdiction. The proceedings to which those rules apply
are defined by RALJ 1.1.
(b) Failure To Certify Transcript. If the lower court fails, neglects
or refuses to make and certify the transcript within the time allowed, the
appellant may make application to the superior court not later than 21 days
after the filing of the notice of appeal and the superior court shall issue
an order to make and certify the transcript.
(c) Dismissal for Want of Prosecution. Upon dismissal of the appeal for
failure of appellant to proceed diligently with the appeal as required, or
for any other cause, the judgment of the lower court shall be enforced by
the judge thereof. If, at the time of such dismissal, cash deposit or
appeal bond as required has been furnished and is in the custody of the
superior court, the same shall be returned to the lower court. The lower
court shall have power to forfeit the cash bail or appeal bond and issue
execution thereon for breach of any condition under which it is furnished.
(d) Dismissal on Clerks Motion. In all appeals from courts of limited
jurisdiction wherein there has been no action of record during the 90 days
just past, the clerk of the superior court shall mail notice to the
appellant and the lawyers at the addresses contained in the notice of
appeal that such appeal will be dismissed by the court for want of
prosecution unless, within 30 days following such mailing, an application
in writing is made to the court and good cause shown why it should be
continued as a pending case. If the appeal is dismissed, the clerk of the
court will proceed as in section (c).
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