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Cowlitz County District Court
(Includes Castle Rock, Kelso, Longview,
Kalama, and Woodland Municipal Courts.)
Table of Rules
Local General Rules
Rule 29 Presiding Judge
Local Infraction Rules
Rule 2.4 Hearings on Written Statements
Rule 3.1 Request for Subpoena
Rule 6.6 Request for Speed Measuring Device Expert; Remote Testimony
Local Criminal Rules
Rule 3.2 Defendants who Must be Seen Before Release
Rule 3.4 Presence of the Defendant
Rule 4.1 Arraignment
Rule 29
Presiding Judge
Before January 1 of each odd numbered year, the judges shall by majority vote
elect a presiding judge and an assistant presiding judge, to serve a two-year
term starting January 1 of the year after the election. In the event of an
interim vacancy, the judges shall by majority vote elect a replacement within
30 days after the vacancy occurs.
[Effective September 1, 2010.]
Rule 2.4
Hearings on Written Statements
(a) The court authorizes mitigation hearings and contested
hearings on written statements in lieu of a defendant's
personal appearance. A written statement that does not
clearly request to contest a notice of infraction will be
treated as a request to explain mitigating circumstances.
(b) A defendant may submit a written statement as a response
to a notice of infraction within 15 days of the date the
notice is personally served or, if the notice is served by
mail, within 18 days of the date the notice is mailed.
Additionally, a defendant who has requested a mitigation
hearing or a contested hearing may submit a written
statement later in lieu of personally appearing at the
hearing. The written statement must be received by the time
of the hearing.
(c) A written statement may be delivered to the court in
person, by United States mail or any other delivery service,
by facsimile, or by email. The court's contact information
is as follows:
Address: Cowlitz County District Court
312 SW 1st Avenue
Kelso WA 98626
Facsimile: (360) 577-3132
Email: dctcourt@co.cowlitz.wa.us
or through the court's web site:
www.co.cowlitz.wa.us/districtcourt
(d) A written statement shall contain the person's promise
to pay the monetary penalty authorized by law if the
infraction is found to be committed. The statement shall be
executed in compliance with RCW 9A.72.085, in substantially
the following form:
I certify (or declare) under 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)
[Effective September 1, 2004.]
Rule 3.1
Request for Subpoena
Any request for a subpoena to be issued by the court must be
filed in writing at least 14 days before the hearing, or
such lesser time as the court deems proper. The request
cannot be combined with a notice of appearance or any other pleading.
[Effective September 1, 2004.]
Rule 6.6
Request for Speed Measuring Device Expert; Remote Testimony
Any request to produce a speed measuring device expert must
be filed in accordance with IRLJ 6.6(b). The request cannot
be combined with a notice of appearance or any other
pleading. The court may allow the speed measuring device
expert to testify from a location other than the courtroom,
via speakerphone or other electronic means acceptable to the court.
[Effective September 1, 2005.]
Rule 3.2(o )
Defendants who Must be Seen Before Release
(1) A person subjected to custodial arrest for a domestic violence
assault charge is to be held until the next judicial day if:
(a) The person has been convicted of or placed on deferred
prosecution for any domestic violence assault charge in any
jurisdiction occurring within the last seven years, and/or
(b) The person has a pending domestic violence assault charge in
any jurisdiction. A pending charge means a charge with no final
disposition, and includes but is not limited to a charge on deferred
prosecution, stipulated continuance, or similar arrangement.
(2) A person subjected to custodial arrest for driving under the
influence of alcohol and/or any drug ("DUI") or physical control
under the influence of alcohol and/or any drug ("physical control") is
to be held until the next judicial day if:
(a) The person has been convicted of or placed on deferred
prosecution for any charge of DUI, physical control, vehicular
homicide, or vehicular assault in any jurisdiction occurring within
the last seven years, and/or
(b) The person has a pending DUI or physical control charge in
any jurisdiction. A pending charge means a charge with no final
disposition, and includes but is not limited to a charge on deferred
prosecution, stipulated continuance, or similar arrangement; and/or
(c) The current case involved an accident that resulted in injury
to a person other than the defendant.
[Effective September 1, 2007.]
Rule 3.4
Presence of the Defendant
Other trial court proceedings including the entry of a
Statement of Defendant on Plea of Guilty may be conducted by
video conference, in accordance with CrRLJ 3.4(d).
[Effective September 1, 2005.]
Rule 4.1
Arraignment
Appointment of counsel eliminates the need for a further arraignment.
Upon the appointment of counsel, the court shall enter a plea of "not guilty"
and set the appropriate hearing(s). Appointment of counsel shall commence the
running of the time periods established in CrRLJ 3.3, unless the time periods
have previously been commenced by an appearance in open court.
[Effective September 1, 2007.]
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