Lower Kittitas County District Court
                        Local Court Rules

                         Table of Rules


Local Criminal Rules

LCrR 4.5      Pre-Trial Procedure
LCrR 7.2(f)   Requirements for Chemical Dependency Assessments


Local Rule of General Application

LGR 17(a)(7)  Facsimile Transmission


Local Infraction Rules

LIR 3.3(b)   Contested Infraction Hearing - Representation by Lawyer - Withdrawn
LIR 3.5(f)   Infraction Hearings Based on Written Statements
LIR 6.6(e)   Request for Speed Measuring Device Expert
LIR 6.6(f)   Public Access to Speed Measuring Device Certificates


Forms

Declaration      Interpreter's Declaration
LCrR 4.5 Form 1  Stipulated Pre-Trial Statement of Readiness
LCrR 4.5 Form 2  Deferred Prosecution Findings of Fact,Conclusions of Law & Order
LCrR 4.5 Form 3  Stipulation for and Order for Stay of Proceedings
LIR  3.5 Form    Defendant's Request for Decision on Written Statements
    

    
                          LCrR 4.5
                     PRE-TRIAL PROCEDURE


  (A)  Pre-Trial Hearings.  All cases scheduled for jury trial
shall be set by the clerk for a pre-trial hearing.  The state
or city prosecutor, defense counsel and the defendant shall
attend the pre-trial hearing to consider such matters as will
promote a fair and expeditious trial.  Upon agreement that the
discovery process has been completed to the satisfaction of the
parties and that there are no other issues to be heard by the
court at the scheduled pre-trial hearing, a stipulated pre-
trial statement of readiness, substantially in the form set
forth as "Form 1" below, may be filed by the parties.  The
filing of a stipulated pre-trial statement of readiness will
serve to excuse counsel and the defendant from appearing at the
scheduled pre-trial hearing.

  (B)  Motions.  All amendments to the charges, pleas or pre-
trial motions shall be made prior to or at the time of the pre-
trial hearing.  Motions which should have been heard at a
pretrial hearing shall not be considered at the time of trial
unless the judge at the time of the pre-trial hearing expressly
continues such motions to the time of trial.   Absent good
cause, motions for dismissal or suppression of evidence in
criminal cases shall be in writing and shall be provided to the
prosecutor or city attorney at least 24 hours before the pre-
trial hearing.  Motions which are lengthy, complex, or which
require the presence of witnesses will be heard by the court at
a subsequent 35/3.6 hearing calendar.

  (C)  CrRLJ 3.5 Hearings.   Pursuant to CrRLJ 3.5(a) all
demands for hearing on the admissibility of confessions must be
made no later than the pre-trial hearing.  All motions filed
pursuant to this rule shall be heard by the court at a
subsequent 3.5/3.6 hearing calendar.

  (D) Deferred Prosecution - Time for Petition - Forms for
Petition and Order.  A petition for deferred prosecution shall
be filed with the court at least seven days before the date set
for trial but, upon written motion and affidavit establishing
good cause for the delay and failure to comply with this rule,
the court may waive this requirement subject to the defendant's
reimbursement to the court of the witness fees and expenses due
for subpoenaed witnesses who have appeared on the date set for
trial.  The petition for deferred prosecution shall
substantially comply with CrRLJ 4.2(I).  The proposed findings
and order shall substantially comply with the form set forth as
"Form 2" below.

      (E) Stays of Proceedings - Form of Order.  In the event the
parties enter into a stay of proceedings, the agreement between
the parties shall be reduced to writing in a form which
substantially complies with the form set forth as "Form 3"
below.

[Adopted effective September 1, 2000; amended effective September 1, 2005]


                               Comments

The purpose of these rules is to eliminate surprise and
unnecessary delay and expense.  While the purpose of these
rules is not to create traps for the unwary, when a party's
failure to follow these rules causes unnecessary extra expense
to the opposing party, the inconvenienced party may apply to
the court for the imposition of sanctions.  The purpose of
these sanctions is not to punish but rather to insure that the
appropriate party is responsible for the predictable costs of
unnecessary delay.

Comment to section (A): The stipulated pre-trial statement of
readiness was adopted by the court at the request of counsel
who wanted to avoid the necessity of clients appearing at
unproductive pre-trial hearings.  Attorneys are encouraged to
use the pre-trial statement of readiness to avoid the necessity
of clients appearing when there are no pre-trial issues
requiring his or her presence.
Comment to section (B): The purpose of this section is to provide
a predictable structure to the pre-trial motions process and to
insure that the non-moving party has adequate time to prepare
for the hearing.  However, if counsel desire to avoid multiple
hearings, the parties may agree to present evidence and argue
pre-trial motions at the scheduled pre-trial hearing rather
than following the procedure described by this rule.

Comment to section (C): See the comments to section (B).

Comment to section (D): See RCW 10.05.010.

Comment to section (E): The stay of proceedings form set
forth below is generally consistent with the forms currently
in use in the Lower Kittitas County District Court.  In
creating a uniform stay of proceedings form, it is not the
court's intention to suggest what conditions should be part
of an agreement between the parties.  For example, if an
agreement between the parties in a specific case does not
include the defendant stipulating to the admissibility of
the police reports, or a stipulation that the reports are
sufficient to convict, the court expects the parties to line
out that portion of the stay of proceedings form.
    

    
                         LCrR 7.2(f)
      REQUIREMENTS FOR CHEMICAL DEPENDENCY ASSESSMENTS


      When, as a part of a sentence or other disposition, a
chemical dependency assessment is required, the alcohol/drug
evaluator must be a certified Chemical Dependency
Professional (CDP) or a CDP trainee (CDPT) under supervision
of a CDP.  The evaluator shall prepare a written report of
the assessment that shall include a description of the steps
taken to insure compliance with the requirements of WAC 388-
805-310.  The written report shall also include the following information:

  1.   A description of the sources used to establish the
       defendant's legal history.  At a minimum, these sources must
       include a Defendant's Case History (DCH), a Washington
       Department of Licensing driver's record abstract, and police
       reports describing the current offense.  The police reports
       shall contain, at a minimum, a description of the offense
       and the defendant's blood or breath alcohol level and any
       other drug levels at the time of arrest.

  2.   A description of sources used to document the
       defendant's history of alcohol and other drug treatment or
       education.  At a minimum, these sources shall include any
       available drug/alcohol evaluations prepared by a CDP or CDPT
       concerning the defendant. The defendant shall notify the
       evaluator of any prior alcohol/drug evaluation and sign any
       releases necessary to make such alcohol/drug evaluations
       available to his or her current evaluating agency.

  3.   A description of the method used to notify the
       defendant of the assessment results.  The defendant shall be
       supplied with a copy of his alcohol/drug evaluation along
       with any treatment/education recommendations made by the CDP
       or CDPT.  If the assessment results are mailed to the
       defendant, the report shall state the address to which the
       assessment was mailed and the date of mailing.


[Adopted effective September 1, 2003]
    

    
                       LGR 17(a) (7).
                   Facsimile Transmission.


     The Lower Kittitas County District Court will not
accept for filing a facsimile transmission of any pleading
or other document for which any other court rule or statute
sets a filing time-limit or filing deadline.  The court will
accept facsimile transmissions of other documents, including
judge's working copies of trial briefs or position statements.


[Adopted effective September 1, 2003]
    

    
                         LIR 3.3(b)
    CONTESTED INFRACTION HEARING - REPRESENTATION BY LAWYER


[Rule withdrawn, effective September 1, 2005]
    

    
                         LIR 3.5(f)
       INFRACTION HEARINGS BASED ON WRITTEN STATEMENTS


     The court adopts IRLJ 3.5 and will, at the request of a
defendant, decide infraction cases based on written
statements. A defendant requesting the court to decide the
case on written statements shall do so by completing a
statement in substantially the following form:

{see form at http://www.courts.wa.gov/court_rules/word/districtdisktl4form04.doc}


[Adopted effective September 1, 2000; amended effective September 1, 2005]
    

    
                         LIR 6.6(e)
          REQUEST FOR SPEED MEASURING DEVICE EXPERT


Request for Speed Measuring Device ("SMD") Expert. Defense
requests to produce an electronic or laser SMD expert
pursuant to IRLJ 6.6(b) shall be contained in a separate
document clearly designated as a request for an SMD expert,
served on the prosecuting authority with a conformed copy
filed with the clerk of the court.  If the charging law
enforcement agency's SMD expert maintains a schedule for
monthly appearances in the Lower Kittitas County District
Court, a request for an SMD expert shall be deemed by the
court to be a request to set (or re-set) the hearing to a
day scheduled for the agency's SMD expert.  An SMD expert
called as a witness by either party may testify by
telephone; however, any party intending to elicit telephonic
testimony from an SMD expert shall notify the court and the
opposing party at least 5 days prior to the date set for the
contested hearing. [Adopted effective September 1, 2003]

Comments to Local Infraction Rule 6.6(e).  LIR 6.6(e) is
designed to address the problem of requests for SMD experts
being "buried" within discovery requests or other documents
filed in contested infraction cases.  A request for an SMD
expert which stands alone and is clearly identified as a
request for an SMD expert will eliminate continuances for
defendants who desire the presence of an SMD expert but who
have not made their wish sufficiently clear to the
prosecuting authority.  Allowing SMD expert testimony by
telephone serves to reduce costs incurred by law enforcement
agencies as well as assisting defendants in presenting the
testimony of their own SMD experts.
    

    
                         LIR 6.6(f)
    PUBLIC ACCESS TO SPEED MEASURING DEVICE CERTIFICATES


     Pursuant to IRLJ 6.6(d), the court maintains as public
records any design and construction certifications for
electronic speed measuring devices and laser speed measuring
devices filed with the court.  In addition to the methods of
public access described in IRLJ 6.6(d), certifications filed
by the Washington State Patrol are available for review and
downloading at the court's web cite located at
http://www.co.kittitas.wa.us/courts/lower.asp.


[Adopted effective September 1, 2005]
    

DECLARATION INTERPRETER'S DECLARATION

The contents of this item are only available on-line.

LCRR 4.5 FORM 1 STIPULATED PRE-TRIAL STATEMENT OF READINESS

The contents of this item are only available on-line.

LCRR 4.5 FORM 2 DEFERRED PROSECUTION FINDINGS OF FACT,CONCLUSIONS OF LAW & ORDER

The contents of this item are only available on-line.

LCRR 4.5 FORM 3 STIPULATION FOR AND ORDER FOR STAY OF PROCEEDINGS

The contents of this item are only available on-line.

LIR 3.5 FORM DEFENDANT’S REQUEST FOR DECISION ON WRITTEN STATEMENTS

The contents of this item are only available on-line.