Local Rules for Clallam County
District Court II
Table of Rules
I. Introduction
LARLJ 2 Scope of Rules and Adoption
II. Civil Proceedings
LCRLJ 5 Service and Filing of Pleadings and Other Paper
LCRLJ 38 Civil Jury Trial
LCRLJ 51 Jury Instructions
III. Criminal Proceedings
LCrRLJ 3.3 Continuances
LCrRLJ 3.4 Agreement to Video Conferencing - Rescinded
LCrRLJ 8.4 Service, Filing, and Signing of Papers
LCrRLJ 38 Criminal Jury Trial
LCrRLJ 51 Jury Instructions
IV. Infraction Rules
LIRLJ 2.4 Response to Notice
LIRLJ 3.1 Contested Hearings " Preliminary Proceedings
LIRLJ 3.5 Decision on Written Statements
LIRLJ 6.6 Speed Measuring Device; Design and Construction
LARLJ 2
SCOPE OF RULES AND ADOPTION
(a) Effect of Local Rules. These rules shall be known as
the Local Rules for Clallam County District Court II. These
rules are supplemental to the Rules for Courts of Limited
Jurisdiction, as adopted or amended by the Supreme Court of
the State of Washington, and shall not be construed in
conflict with them.
(b) Adoption and Amendment. These rules are adopted
pursuant to GR 7, CRLJ 83 and CrRLJ 1.7 and may be amended
in the discretion of the District Court II Judge.
(c) Prior Rules Repealed. All prior rules of Clallam
County District Court II are repealed upon adoption of these
rules.
LCRLJ 5
SERVICE AND FILING OF PLEADINGS AND OTHER PAPER
(i) Filing by Facsimile or Email. The court accepts documents filed by
facsimile or email (PDF format preferred), subject to the provisions of GR 17.
A document properly filed by facsimile or email shall constitute an original
for all purposes.
[Adopted effective September 1, 2011.]
LCRLJ 38
CIVIL JURY TRIAL
(a) Demand. The request for jury trial in civil cases
shall be made 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. The court shall be notified
immediately if a case scheduled for jury trial is settled or
will not be tried by the jury for any reason. An assessment
for jury costs may be imposed if the parties fail to notify
the court at least 24 hours before the trial is scheduled to
begin.
LCRLJ 51
JURY INSTRUCTIONS
(a) Assembling and Distribution. Proposed jury
instructions shall be assembled and distributed as follows:
(1) One copy (including cover page) to judge to be
unnumbered, paper clipped (not stapled) and without
citations;
(2) One copy with supporting citations, numbered and
stapled, to each of the following:
Clerk, for court file
Judge, for work copy
Counsel for each opposing party
(b) Citations. Washington Pattern Jury Instructions are to
be cited. On the copies of proposed jury instructions
delivered to the judge, clerk and opposing counsel, pattern
instructions shall be identified by WPI number. If a
pattern instruction is changed or modified in any way, the
citation shall include the word “modified.”
LCrRLJ 3.3
CONTINUANCES
(a) Continuances may be granted:
(1) Upon written agreement of all parties which must be
authorized by the defendant(s). Agreements lacking evidence
of approval of all parties will not be considered by the
court. The agreement must set forth the basis for the
continuance and include a proposed order of continuance.
The agreement is not effective unless approved by the court.
(2) By motion, if such motion complies with relevant rules
for motions, including CrRLJ 3.3(h)(2).
(3) Only if the continuance is to a date within the speedy
trial requirements of CrRLJ 3.3 or the defendant executes a
waiver of speedy trial.
LCrRLJ 3.4
AGREEMENT TO VIDEO CONFERENCING
[Rescinded.]
LCrRLJ 8.4
SERVICE, FILING, AND SIGNING OF PAPERS
(e) Filing by Facsimile or Email. The court accepts documents filed by
facsimile or email (PDF format preferred), subject to the provisions of GR 17.
A document properly filed by facsimile or email shall constitute an original for
all purposes.
[Adopted effective September 1, 2011.]
LCrRLJ 38
CRIMINAL JURY TRIAL
(a) Imposition of Costs. The court shall be notified
immediately if a case scheduled for jury trial is settled or
will not be tried by the jury for any reason. An assessment
for jury costs may be imposed if the parties fail to notify
the court at least 24 hours before the trial is scheduled to
begin.
LCrRLJ 51
JURY INSTRUCTIONS
(a) Assembling and Distribution. Proposed jury
instructions shall be assembled and distributed as follows:
(1) One copy (including cover page) to judge to be
unnumbered, paper clipped (not stapled) and without
citations;
(2) One copy with supporting citations, numbered and
stapled, to each of the following:
Clerk, for court file
Judge, for work copy
Counsel for each opposing party
(b) Citations. Washington Pattern Jury Instructions are to
be cited. On the copies of proposed jury instructions
delivered to the judge, clerk and opposing counsel, pattern
instructions shall be identified by WPI number. If a
pattern instruction is changed or modified in any way, the
citation shall include the word “modified.”
LIRLJ 2.4
RESPONSE TO NOTICE
(c) Method of Response. A person may respond to a notice of
infraction in person or by mail. A response by mail must be postmarked no
later than midnight of the day the response is due. Written instructions about
infraction hearing procedures will be provided to anyone timely responding to
an infraction. The written instructions explain the procedures for mitigating
or contesting infractions in person; by mail; or online, using the court's website.
[Adopted effective September 1, 2011.]
LIRLJ 3.1
CONTESTED HEARINGS – PRELIMINARY PROCEEDINGS
(a) Timeliness of Requests for Subpoenas. If a request for
a subpoena pursuant to IRLJ 3.1 is made 14 days or less
before a scheduled hearing, the court may deny the request
or condition the issuance of the subpoena on a continuance
of the hearing date.
(b) Speed Measuring Device Expert. Defense requests for a
Speed Measuring Device Expert must be made to the
appropriate prosecuting attorney’s office no less than 30
days before a contested hearing.
(c) Costs and Witness Fees. Each party is responsible for
costs incurred by that party, including witness fees. 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.
LIRLJ 3.5
DECISION ON WRITTEN STATEMENTS
The procedure authorized in IRLJ 3.5 is adopted by this court.
LIRLJ 6.6
SPEED MEASURING DEVICE; DESIGN AND CONSTRUCTION
(d) Maintaining Certificates as Public Records. IRLJ 6.6
certificates are maintained as public records by the Washington State Patrol
and are available on the WSP website: http://www.wsp.wa.gov. The court is
entitled to take judicial notice of certificates available online at the WSP
website. The court will not maintain separate records of such certificates.
Evidence will not be suppressed merely because a certificate is available
online, as opposed to being provided by the prosecuting authority. Evidence
shall be suppressed if the certificate is insufficient.
[Adopted effective September 1, 2011.]
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