Chelan County District Court
Local Court Rules
Table of Rules
CIVIL RULES
LCRLJ 38 Civil Jury Trial
LCRLJ 54 Attorney Fees
CRIMINAL RULES
LCrRLJ 3.1(d) Right to an Assignment of Lawyer
LCrRLJ 3.1(e) Withdrawal of Lawyer
LCrRLJ 4.1(d) Crimes Requiring Defendant's Appearance at Arraignment
LCrRLJ 4.2(i) Deferred Prosecution
LCrRLJ 4.8 Witnesses - Process - Subpoenas
LCrRLJ 6.1 Pre-Jury Trial Conference/Readiness Conference
LCrRLJ 6.13(b) Evidence - Blood Draw Certification
LCrRLJ 8.2 Motions
INFRACTION RULES
LIRLJ 2.6(c) Mitigation Hearing on Written Statement
LIRLJ 3.1 Contested Hearings - Preliminary Proceedings
LIRLJ 3.3(b) Representation by Lawyer
LIRLJ 3.3(b)(1) Waiver of Personal Appearance
LIRLJ 3.3(b)(2) Notice of Appearance by Counsel
EXHIBITS
Exhibit LCrRLJ 3.1(d)(1) Affidavit of Indigency
Exhibit LCrRLJ 3.1(d)(2) Notice of Potential Liability for
Attorney Fees
Exhibit LCrRLJ 4.2(i)(A) Petition for Deferred Prosecution
Exhibit LCrRLJ 4.2(i)(B) Order of Referral for Evaluation
Exhibit LCrRLJ 4.2(i)(C) Statement of Defendant on Petition for
Deferred Prosecution/Stipulation to Facts
Exhibit LCrRLJ 4.2(i)(D) Order Deferring Prosecution
LCRLJ 38
CIVIL JURY TRIAL
(A) Demand. The request for jury trial in civil cases shall be
by filing a demand with the clerk and paying the jury fee not
later than seven days from the date of the trial setting notice
issued from the court. Failure to comply with this rule is a
waiver of the right to a jury trial.
(B) Imposition of Costs. Whenever any cause assigned for jury
trial is settled or will not be tried by the jury for any reason,
notice of that fact shall be given immediately to the court. If
notification is not given forty-eight hours prior to the time of
the trial, and in any event after the jury has been summoned
orally or in writing, the court in its discretion may order
payment of the actual costs of the jury panel by the offending party.
(NOTE: THERE IS NO PROVISION FOR REFUND OF THE JURY FEES.)
(C) Pre-trial Procedure. All cases set for jury trial shall be
set for pre-trial conference, which shall be held at least two
weeks prior to trial. The attorneys who are to conduct the trial
and all parties shall be present to consider such matters as will
promote a fair and expeditious trial. All discovery should be
completed five days prior to said conference. Opposing counsel
or party must be given five days notice of pre-trial motions to
be heard at the pre-trial conference. Any pre-trial motions
requiring the testimony of witnesses for argument may, in the
discretion of the court, be continued to the day of trial. All
amendments, pleadings, and motions should be made or be completed
at this conference. Upon failure to appear, the judge may
proceed with the conference ex-parte, and enter any appropriate
order including striking the jury demand and may impose terms.
Insofar as practical, the conference shall deal with any matter
cognizable by Superior or District Court Rule and failure to
raise the matter may result in the waiver of the same.
[Effective September 1, 2006]
LCRLJ 54
ATTORNEY FEES
In civil default cases where attorney fees are authorized by statute or by
written agreement, the following fee schedule shall be deemed reasonable in all
default cases unless the parties present evidence of circumstances that
convinces the court that a larger or smaller fee should be awarded, provided,
however, the court shall have authority to vary from this schedule on its own motion:
SCHEDULE FOR REASONABLE ATTORNEY FEES
IN DEFAULT CASES
(Unless limited by statute)
$0 to $1,000 $300
$1,000.01 to $1,500 $325
$1,500.01 to $2,000 $350
$2,000.01 to $2,500 $375
$2,500.01 to $3,000 $400
$3,000.01 to $4,000 $425
$4,000.01 to $5,000 $450
For judgment amounts exceeding $5,000, reasonable attorney fees may be
allowed of 10% of any balance over $5,000, without formal justification or documentation.
NSF Checks: When RCW 62A.3-515 has been followed, reasonable attorney fees
will be awarded in an amount to be determined by reference to RCW 12.20.060
unless the attorney convinces the court that a larger fee should be awarded and
provides an itemized affidavit as to actual time spent and hourly rate expended
by the attorney in the case, in which case the court shall determine a
reasonable fee. A reasonable handling fee awarded pursuant to 62A.3-515 shall
not exceed $40 per check.
Where only statutory attorney fees are authorized, the default judgment
shall include, and the court will approve, only attorney fees in the statutory
amount as applicable at the time of entry of the judgment.
Amended effective 09/01/2011
LCrRLJ 3.1(d)
RIGHT TO AN ASSIGNMENT OF LAWYER
Indigent defendants shall have counsel appointed to represent
them in all criminal cases unless the right to counsel is waived.
Indigency shall mean an inability to pay an attorney a reasonable
fee for the services which appear to be required by reasons of the
crime charged without substantial hardship to himself or his
family. Defendants who may request appointment of counsel may be
required to promptly execute a financial disclosure under oath,
which shall be filed in substantially the form set forth in
Exhibit LCrRLJ 3.1 (d)(1) and (2).
All appointments of counsel by reason of indigency are
expressly contingent upon indigency and full disclosure of assets.
Where assets are discovered or acquired subsequent to appointment
which would indicate that the defendant can afford to retain
counsel, or if the defendant can afford partial payment, fees may
be ordered paid, pursuant to the appointment agreement, by the
court.
Upon appointment of counsel for indigent criminal defendants
or other litigants, the Clerk shall promptly provide counsel with
notice of the appointment.
Attorneys representing defendants in criminal cases must
serve prompt written notice of appearance upon the prosecuting
attorney and file the same with the clerk of the court.
[Effective September 1, 2006]
LCrRLJ 3.1(e)
WITHDRAWAL OF LAWYER
No withdrawal of a lawyer after a case has been set for
trial will be recognized by the court, except for cause deemed
sufficient by the court. Approval of withdrawal may, if
necessary to prevent a continuance, be denied, and such attorney
be required to proceed with the trial.
All counsel shall be automatically terminated as counsel of
record upon entry of a sentence on a guilty plea or at the
conclusion of the thirty-day appeal period following sentencing
as a result of a conviction after trial or upon entry of an order
deferring prosecution, an order granting diversion, an order
deferring sentence, a dispositional order of continuance, or any
final disposition which is appealable.
[Effective September 1, 2006]
LCrRLJ 4.1(d)
CRIMES REQUIRING DEFENDANT'S APPEARANCE
AT ARRAIGNMENT
A lawyer may not enter a written plea of not guilty on behalf
of a client, if the charging document states that one or more of
the charges involves domestic violence, harassment, violation of
an anti-harassment or protection order, stalking, or driving while
under the influence of intoxicants, driving while under the age of
21 after having consumed alcohol, or physical control of a vehicle
while under the influence of intoxicants. For such charges, the
defendant must appear in person for arraignment; and the court
shall determine the necessity of imposing conditions of pre-trial release.
[Effective September 1, 2006]
LCrRLJ 4.2(i)
DEFERRED PROSECUTION
A petition for deferred prosecution pursuant to RCW 10.05 must
be filed with the court no later than seven (7) days prior to trial
unless good cause exists for delay. Sample forms for such a
petition are attached hereto as Exhibits LCrRLJ 4.2(i) A, B, C, and
D. The court shall have the discretion to impose court costs at
the time of the approval of a deferred prosecution.
[Effective September 1, 2006]
LCrRLJ 4.8
WITNESSES - PROCESS - SUBPOENAS
When application is made for a subpoena for a witness
residing outside of Chelan County and the Greater Wenatchee area,
such application shall be accompanied by an affidavit showing to
the satisfaction of the court the materiality of the testimony
which is expected to be obtained from such witness. The court in
its discretion may waive this requirement.
Preparation of subpoenas shall be the responsibility of the
applicant and shall be submitted with the application requesting
issuance of the subpoena. Service of all subpoenas shall be the
responsibility of the applicant.
[Effective September 1, 2006]
LCrRLJ 6.1
PRE-JURY TRIAL CONFERENCE/READINESS CONFERENCE
6.1(a) Pre-jury Trial Conference
In every criminal case in which the defendant has not waived
jury trial, the clerk shall set a pre-jury trial conference to be
held on a date not more than 4 weeks from the date a plea of Not
Guilty is entered. The purpose of said conference is for the
presentation and setting of motions, for plea negotiations between
the parties, and the setting of a readiness conference and jury
trial date. Discovery should be completed by the pre-jury trial
conference. See CrRLJ 3.5, CrRLJ 3.6, and LCrRLJ 8.2 for motions
practice and procedures.
The defendant and counsel shall be required to attend pre-
trial hearings unless excused by the court. Failure to attend any
pre-trial hearing may result in the issuance of a bench warrant
and forfeiture of any bail.
6.1(b) Readiness Conference
Within seven (7) days prior to an assigned jury trial date,
there shall be held a readiness conference. At such hearing, it
shall be mandatory that the prosecuting attorney, the defense
counsel, and the defendant be present. At such hearing, the
following matters will be concluded:
1. All plea negotiations.
2. Exchange of witness lists.
3. Providing of any discovery not previously completed by
the pre-jury conference.
4. Motions on legal issues arising subsequent to the pre-jury
trial conference or on issues arising due to new evidence.
At the conclusion of the readiness hearing, the court will no
longer grant any further motions to amend the charges. Therefore,
the case will be tried by jury, unless waived by the defendant, or
concluded by a guilty plea to all the original charge(s), or a
dismissal of all the charge(s). A failure of the defendant to be
present at the readiness hearing will result in the issuance of a
bench warrant for failure to appear and the striking of the jury
trial date. The requirements of this rule can be waived only by
the judge assigned to the case or the Presiding Judge of the
Chelan County District Court.
[Effective September 1, 2006]
LCrRLJ 6.13(b)
EVIDENCE - BLOOD DRAW CERTIFICATION
(1) Certification of Qualification to Draw Blood and of Blood Draw Procedure.
(A) Admission of Blood Draw Certificate. In the absence of
a request to produce the person who drew blood from the defendant
made at least 7 days prior to trial, certificates substantially in
the following form are admissible in lieu of a witness in any
court proceeding held pursuant to RCW 46.61.502 through RCW
46.61.506 for the purposes of determining whether a person was
operating or in actual physical control of a vehicle while under
the influence of intoxicating liquors and/or drugs:
BLOOD DRAW CERTIFICATION:
I, _______________________________, do certify under penalty of
perjury of the laws of the State of Washington the following: I
am a (physician) (registered nurse) (qualified technician) and I
am qualified by medical training and experience to draw blood from
the human body.
On _________________ (date) at _____________ (time) I drew ______
(number of samples) blood samples from
______________________________ (name of person) at the direction
and in the presence of ________________________ (name of officer).
I further certify that with each sample the blood draw site was
sterilized with a non-alcoholic preparation (betadine) (other
____________________), and that each blood sample was drawn into a
chemically clean dry container (hereinafter referred to as blood
draw containers) consistent with the size of the sample and sealed
with an inert leak-proof stopper. The blood draw containers are
known by me to contain a suitable anti-coagulant and enzyme poison
sufficient in amount to prevent clotting and stabilize the alcohol
concentration. The anti-coagulant and enzyme poison utilized in
this blood draw were (sodium fluoride and potassium oxalate)
(other: __________________________________________). To the best
of my knowledge, no foreign substances or chemicals, including
alcohol, were involved in the blood draw process other than those
listed above.
______________________________ _________________________________________
Date and Place Signature of person making certification
[Effective September 1, 2006]
LCrRLJ 8.2
MOTIONS
At the pre-jury trial conference, the parties must
state with specificity all motions and counsel may be
required to articulate on the record the basis for any
motion. If by the pre-jury trial conference, the motion is
not made in writing and submitted with a written memorandum
of authorities in support of the motion, the moving party
shall file no later than 7 days following the pre-jury trial
conference such written memorandum, unless otherwise allowed
by the court. Opposing counsel may be ordered to serve and
file a memorandum of authorities in opposition to the
motion. The court will determine if an evidentiary hearing
is required and will set a time for a hearing on the motions.
The parties, at the pre-jury trial conference or as
soon thereafter, shall inform the court if a special setting
may be required due to the anticipated length of the hearing
(in excess of 30 minutes).
[Effective September 1, 2006]
LIRLJ 2.6(c)
MITIGATION HEARING ON WRITTEN STATEMENT
Written Request for Penalty Reduction. A defendant
requesting a reduction of an infraction penalty may have such a
determination based upon his or her written statement explaining
the mitigating circumstances. The statement shall contain the
person's promise to pay the monetary penalty imposed by the court
after reviewing the statement. The statement shall be executed
in compliance with RCW 9A.72.085, in substantially the following form:
I certify [or declare] under the penalty of perjury under
the laws of the State of Washington that the foregoing is true:
I promise that if it is determined that I committed the
infraction for which I was cited, I will pay the monetary
penalty authorized by law and assessed by the Court.
_____________________________ ____________________________________
[Date and Place] [Signature]
Further, the examination of the statemen may be held in chambers.
[Effective September 1, 2006]
LIRLJ 3.1
CONTESTED HEARINGS - PRELIMINARY PROCEEDINGS
(a) (1) Subpoenas. In contested cases, the defendant and the
plaintiff may subpoena witnesses necessary for the
presentation of their respective cases. The request for a
subpoena may be made in person or by mail. In order to
request a subpoena, the request must be made in writing
informing the clerk of the court of the name and address of
the witness and of the date of the contested hearing. The
subpoena may be issued by a judge, court commissioner, clerk
of the court, or by a party's attorney. The responsibility
for serving subpoenas on witnesses, including law enforcement
witnesses and the Speed Measuring Device Expert (SMD Expert)
is upon the party requesting the subpoena. Such subpoenas may
be served as stated in IRLJ 3.1(a).
(2) Timeliness. In cases where the request for a subpoena is
made 14 days or less prior to the scheduled hearing, the Court
may deny the request for the subpoena or condition the
issuance of the subpoena upon a continuance of the hearing
date. (See following rule for time frame for Speed Measuring
Device Expert.)
(3) Speeding Measuring Device Expert. Defense requests for a
Speed Measuring Device Expert must be made to the Office of
the Prosecuting Attorney no less than 30 days prior to the
date set for the contested hearing. A request for a SMD
expert may be treated by the Court as a request for a
continuance to the next date on which the prosecuting attorney
has scheduled the appearance of the SMD Expert. In cases
where either party requests a Speed Measuring Device Expert
(SMD Expert), those cases shall be consolidated to the extent
possible on one calendar. (See Exhibit LIRLJ 3.1(a)(3).)
(4) Costs and Witness Fees. Each party is responsible for
costs incurred by that party, including witness fees, as set
forth in RCW 46.63.151. In cases where a party requests a
witness to be subpoenaed, the party requesting the witness
shall pay the witness fees and mileage expenses due that witness.
[Effective September 1, 2006]
LIRLJ 3.3(b)
REPRESENTATION BY LAWYER
At a contested hearing, the plaintiff shall be represented by a lawyer
representative of the prosecuting authority when the defendant is represented
by a lawyer; or when the defendant has served upon the prosecution a demand for
discovery, requested a speed measuring device expert to appear, or filed
motions requesting relief based upon an alleged failure by the
plaintiff/prosecution to perform duties required by law.
A notice of appearance must be filed by a lawyer representing a defendant
at a contested hearing within 7 days from the date the defendant files a
request for a contested hearing. Upon receipt of the lawyer's notice of
appearance, the clerk shall reset the contested hearing to the appropriate
jurisdiction's next available contested hearing infraction calendar with a
lawyer representative of the prosecuting authority or if appropriate to the
next contested hearing calendar for the designated law enforcement agency's
speed measuring device expert. The failure to timely file a notice of
appearance may result in the contested hearing being held beyond the 120 days
from the date of notice of infraction or the date the default judgment was set
aside, as required by IRLJ 2.6(a).
LIRLJ 3.3(b)(1)
WAIVER OF PERSONAL APPEARANCE
At a contested hearing and in lieu of a personal appearance,
a defendant charged with a traffic infraction may appear by and
through counsel.
[Effective September 1, 2006]
LIRLJ 3.3(b)(2)
NOTICE OF APPEARANCE BY COUNSEL
A defendant charged with a traffic infraction and represented
by counsel must provide written notice to the prosecuting
authority and the clerk of the court of such representation at
least 7 days from the date the original request for a contested
hearing is mailed by the defendant. Upon receipt of counsel's
notice of appearance, the clerk shall reset the contested hearing
to the appropriate jurisdiction's next available speed measuring
device expert/infraction calendar for the designated law
enforcement agency. Failure to timely submit a notice of
appearance may result in the contested hearing being held beyond
the 120 days from the date of notice of infraction or the date a
default judgment is set aside, as required by IRLJ 2.6(a).
[Effective September 1, 2006]
CRRLJ 3.1(D)(1) AFFIDAVIT OF INDIGENCY The contents of this item are only available on-line. CRRLJ 3.1(D)(2) ACKNOWLEDGMENT OF NOTICE OF POTENTIAL LIABILITY FOR ATTORNEY FEES The contents of this item are only available on-line. CRRLJ 4.2(I)(A) PETITION FOR DEFERRED PROSECUTION The contents of this item are only available on-line. CRRLJ 4.2(I)(B) ORDER OF REFERRAL FOR EVALUATION The contents of this item are only available on-line. CRRLJ 4.2(I)(C) STATEMENT OF DEFENDANT ON PETITION FOR DEFERRED PROSECUTION/STIPULATION TO FACTS The contents of this item are only available on-line. CRRLJ 4.2(I)(D) ORDER DEFERRING PROSECUTION The contents of this item are only available on-line.
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |
