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Lewis County District Court
Local Court Rules
Table of Rules
Preface
LLARLJ -- Local Administrative Rules
LLARLJ 1. Scope of Local Rules
LLARLJ 2. Court Locations
LLARLJ 3. Scheduling
LLARLJ 4. Reserved
LLARLJ 5. Court Room Decorum
LLARLJ 6. Return of Exhibits
LLARLJ 7. Contact with Jurors
LLARLJ 9(g) Disclosure of Public Records
LLARLJ 10 Election of Presiding Judge
LLCRLJ -- Local Civil Rules
LLCRLJ 26 Untitled
LLCRLJ 38(h) Civil Trial Confirmation
LLCRLJ 87 Miscellaneous Proceedings Rules
LLCrRLJ -- Local Criminal Rules
LLCrRLJ 3.1 (g) Waiver of right to counsel
LLCrRLJ 3.2 (v) Offenses for which Bail is not Allowed
LLCrRLJ 3.2 (w) Bail Schedule
LLCrRLJ 3.3 (h) Continuances Time for Trial
LLCrRLJ 3.6 (c) Suppression Hearing Procedure
LLCrRLJ 4.3.1 (d) No Joinder of Civil and Criminal Matters
LLCrRLJ 4.5.1 Pretrial Procedures
LLCrRLJ 4.12 Duty to Notify Court and Witnesses
LLCrRLJ 6.1.1 (d) Criminal Trial Confirmation
LLCrRLJ 7.2 (f) Pre-sentence Reports
LLCrRLJ 7.2 (g) Deferred Prosecution Form
LLCrRLJ 7.2 (h) Deferred Prosecutions Procedure
LLCrRLJ 8.2 Motions
LLCrRLJ 8.4(f) Rescinded
LLCrRLJ 8.5 Return of exhibits
LLIRLJ -- Local Infraction Rules
LLIRLJ 3.2 (b) Motion for Vacation of Default Judgment for FTA
Preface to Lewis County Local Court Rules
1. Promulgation. These rules shall be known as the Local
Rules for the District Court of the State of Washington for Lewis
County. Copies of these rules will be filed with the Office of the
Administrator of the Courts, and the Clerk of the District Court
for Lewis County. Copies of these rules will be distributed to all
law offices in Lewis County and to the county Law Library for
public reference. To the extent possible, these rules will be
placed on the Internet at the Lewis County District Court webpage.
Copies will be available from the District Court Clerk for Lewis
County. These rules as originally adopted were effective on
September 1, 1998, and as amended or supplemented are effective on
September 1, 2006, and supersede all prior rules of this court.
2. Numbering. Consistent with GR 7(b) Washington Court
Rules, these rules, to the extent possible, conform in numbering
system and in format to those rules adopted by the Supreme Court of
the State of Washington for courts of limited jurisdiction and
facilitate the use of the same. The number of each rule is
preceded by the abbreviation "LL", designating the rule as a Lewis
County Local Court Rule and as being supplemental to the
corresponding Washington Court Rule for Courts of Limited Jurisdiction.
Adopted effective 9/1/98; amended effective 9/01/06
LLARLJ 1
Scope of Local Rules
These rules govern the procedure in the District Court of the
State of Washington for Lewis County. These rules are supplemental
to the rules enacted by the Washington State Supreme Court for
courts of limited jurisdiction as specifically authorized by GR 7,
CRLJ 83, CrRLJ 1.7, and IRLJ 1.3 of the Washington Court Rules.
The court may modify or suspend any of these local rules in any
given case upon good cause being shown or upon the court's own motion.
Adopted Effective 9/1/98
LLARLJ 2
Court Locations
The primary office of the District Court of the State of
Washington for Lewis County shall be located in Chehalis,
Washington, and the Court shall hold periodic sessions in Morton,
Washington, and such other locations in Lewis County as the Court
may decide best serves the interest of the people of Lewis
County. All criminal and civil trials will be heard at Chehalis.
Arraignments, small claim trials, infraction mitigation hearings,
and contested infraction hearings not involving attorneys or
subpoenaed witnesses may be scheduled for Morton if it is more
convenient to all parties involved.
Adopted Effective 9/1/98: amended effective 9/01/06
LLARLJ 3
Scheduling
(a) Calendar. The Court Administrator shall develop and
maintain a calendar for all hearings and trials.
(b) Priority. Whenever the case load of the court requires,
trials and other matters will be subject to multiple settings on the
same date. The order in which said matters proceed will be
determined by the judge based on speedy trial rule in criminal
cases, the age of the civil cases, and the availability of jurors.
(c) Transfer of Cases. If the caseload or other circumstances
require, the court may appoint a Court Commissioner or Judge Pro
Tempore to hear that trial or calendar of cases and may arrange for
it to be heard in a location other than the usual courtroom.
Adopted effective 9/1/98
LLARLJ 5
Courtroom Decorum
All attorneys, litigants, witnesses, and other individuals in the
courtroom shall abide by the following rules of conduct:
(a) Always be prompt. Be in the courtroom ready to proceed at the appointed time.
(b) Stand when the judge or the jury enters or leaves the courtroom.
(c) Do not make personal attacks on opposing counsel or parties.
(d) Do not interrupt. Wait your turn. Address all remarks to the
Court. Argument between litigants or their attorneys is not permitted.
(e) After the court has ruled, ask the court's permission before arguing further.
(f) Rise when addressing the Court and when making objections as
this calls the Court's attention to you.
(g) Do not approach a witness or the jury without asking permission of the Court.
(h) Dress appropriately to the serious nature of the matters
before the court. Shorts and other kinds of beach apparel are not
appropriate. Clothing advertising alcoholic beverages or illegal
drugs are not appropriate. Hats are not to be worn in the
courtroom unless required by religious custom and practice.
Adopted Effective Date 9/01/98; amended effective 9/01/06
LLARLJ 6
Return of Exhibits
Every exhibit admitted into evidence or marked for
identification in any type of trial or other court proceeding, shall
be returned to the party or attorney who produced that exhibit for
identification. The return shall be made upon written application,
not later than two weeks following the termination of the time
allowed to take an appeal. Bulky exhibits not requested to be
returned during that period may be delivered by the court clerk to
the local police authority for disposition as abandoned property.
If the exhibit is contraband or weapons, it shall be disposed of by
destruction. No exhibit or identification shall be withdrawn or
delivered without receipt being acknowledged by the receiving party.
Adopted effective 9/1/98
LLARLJ 7
Contact with jurors
No litigant or attorney shall have any contact with any venire
person or juror pending discharge of the jury. Any requests by a
litigant or an attorney for post-trial communication shall be
conveyed to the juror through the bailiff. Contact shall only
occur if the juror affirmatively indicates a willingness to meet
with the litigant or the attorney. The bailiff shall advise the
juror that there is no obligation to discuss any matter with the requesting party.
If the juror agrees to meet with the requesting party,
the conversation shall occur in the courtroom. The bailiff shall
be present to insure that the juror is not challenged, threatened,
or harangued, and that such conversation will not improperly
influence the juror in any future trial. Questions shall be
limited to the basis of the jury's decision, critiques of counsel's
performance, and any alleged juror impropriety.
No litigant or any attorney shall enter the jury room
corridor or any jury room without explicit authorization from the bailiff.
Effective Date: 9/01/06
LLARLJ 9(g)
Disclosure of Public Records
The following records and files are deemed confidential and are
not available to the public for inspection or copying absent a court
order after notice and hearing:
1. Affidavits, transcriptions or electronic records for search
warrants prior to the return of service of such warrant;
2. Affidavits, transcriptions or electronic records for arrest
warrants prior to the returns of service of such warrant;
3. Pre-sentence or post-sentence investigation reports;
4. Mental health, psychiatric, and/or medical reports and
records, unless admitted into evidence and not ordered sealed;
5. Alcohol, drug, and/or controlled substance evaluations
unless admitted into evidence and not ordered sealed;
6. Certified and non-certified paper copies and/or electronic
representations of driving and criminal records unless admitted into evidence;
7. Judge's notes and working documents, whether written or electronic.
Access to these confidential records and files is strictly
limited to persons or entities authorized by statute or court order
to obtain such records. Request for access to other court files
shall be made in writing on the form provided by the Court and shall
be granted or denied only by a judge, or their designee, who shall
state the reasons for any denial in writing. No documents or
electronic data may be removed from the court offices without the
prior written order of the court. The requesting party will be
required to pay in advance for time expended and costs involved in
researching, copying, and/or transcribing the requested court files.
Such research, transcription, and copying will be done on a time available basis.
Adopted effective 9/1/98; Amended rule effective 9/01/06
LLARLJ 10
Election of Presiding Judge
10.1 Election
In conformity with GR 29, on the first Monday, after January
15th, of every odd numbered year commencing in 2003, the Judges of
the Lewis County District Court shall elect one of their number as
Presiding Judge, and another of their number as Assistant Presiding Judge.
10.2 Conduct of Election
The election shall be conducted and witnessed by the Court
Administrator and shall be by simple oral majority vote.
10.3 Term
The term of office will be for a period of two years in
conformity with GR 29 (a)(2) and will be retroactive to January 1st
of the year of the election.
10.4 Selection Criteria
The selection of said Presiding Judge shall be based on and in
conformity with GR 29 (a) (5).
10.5 Transition
Between the date of the original adoption of this rule and the
election of 2003, the Judges elected in conformity with ARLJ 6 on
January 22nd, 2002, continued to serve as the Presiding Judges of
the Lewis County District Court.
Adopted Effective 5/01/02; adopted as amended effective 9/01/06
LLCRLJ 26
(a) Certain Documents Presumed Admissible. The documents listed below, if
relevant, are presumed admissible at the trial, but only if:
(1) the party offering the document serves on all parties at least
fourteen (14) days prior to the trial date in accordance with CRLJ 5 (a)
notice, accompanied by a copy of the document and the name, address, and
telephone number of its author or maker; and
(2) the party offering the document similarly furnishes all other parties
with copies of all other related documents from the same author or maker.
This rule does not restrict argument or proof related to the weight of the
evidence admitted, nor does it restrict the court's authority to determine
the weight of the evidence after hearing all of the evidence and the
arguments of opposing parties.
(b) The documents presumed admissible under this rule are:
(i) A bill, report, chart, or record of a hospital, doctor, dentist,
registered nurse, licensed practical nurse, physical therapist,
psychologist or other health care provider, on a letterhead or billhead;
(ii) A bill for drugs, medical appliances or other related expenses on a
letterhead or billhead;
(iii) A bill, or an estimate of, property damage on a letterhead or
billhead. In the case of an estimate, the party intending to offer the
estimate shall forward with the notice to the adverse party a statement
indicating whether or not the property was repaired, and if it was,
whether the estimated repairs were made in full or in part, attaching a
copy to the receipted bill showing the items or repair and the amount paid;
(iv) A police, weather, wage loss, or traffic signal report, or standard
United State government life expectancy table to the extent it is
admissible under the Rules of Evidence, but without the need for formal
proof of authentication or identification;
(v) A photograph, x-ray, drawing, map, blueprint or similar documentary
evidence, to the extent it is admissible under the Rules of Evidence, but
without the need for formal proof of authentication or identification;
(vi) The written statement of any other witness, including the written
report of an expert witness, and including a statement of opinion which
the witness would be allowed to express if testifying in person, if it is
made by affidavit or by declaration under penalty of perjury;
(c) Any other party may subpoena the author or maker of a document admissible
under this rule, at that party's expense, and examine the author or maker as if
under cross examination.
{Amended effective September 1, 2011}
LLCRLJ 38(h)
Civil Trial Confirmation
(a) A date and time for a trial confirmation hearing shall be
assigned to each case at the time it is set for trial. Trial
confirmation hearings shall be held each Tuesday at 2:00 p.m. for
the trials set for the following Thursday or Friday. Trial
confirmation hearings shall be held each Thursday at 2:00 p.m. for
those trials set for the following Monday, Tuesday, or Wednesday.
(b) It shall be the affirmative duty of all parties, and of
their counsel, to advise the court at such hearing of their
readiness to proceed to trial. Failure of a party to advise of
the inability to proceed for any reason known on that date shall
constitute a waiver of the right to request a continuance for that
reason at a later date.
(c) The appearance of the litigants and of their counsel at trial
confirmation hearings shall be mandatory unless a written
confirmation of readiness on the form provided is filed with the
court. Said confirmation form must be signed by a party or
counsel not more than seven days prior to the hearing under
penalty of perjury.
(d) Failure of any party to confirm in person or in writing will
cause the trial date to be stricken. Civil litigants who fail to
appear or confirm will be subject to such terms and costs as the
Court determines to be reasonable.
(e) After confirmation, the failure of a party to appear at
trial, or upon appearance, to be unable proceed with the trial,
shall be treated as a motion for continuance, resulting in the
dismissal of the jury panel, where applicable, and of the trial
date. It may also constitute grounds for the dismissal of the
charges and/or for the imposition of sanctions and terms against
litigants and counsel.
Adopted effective 9/01/98; amended effective 9/01/06
LLCRLJ 87
Miscellaneous Proceedings Rules
LLCRLJ 87.1---Name Change Petitions
Those persons seeking to petition the Court for a change of name
for themselves or those minors in their legal custody shall
comply with the procedures and requirements set forth in the
Lewis County District Court Name Change Brochure, herein adopted
by reference as a rule of this court. The brochure, as it
currently exists or is hereafter amended, is available through
the Clerk of the District Court and delineates the requirements
that must be met in order for the petition to be granted.
Adopted effective 9/1/98; Amended rule effective 9/01/06
LLCRLJ 87.2--- Anti-Harassment Petitions
Those persons seeking to petition the Court for the entry of an
Anti-harassment Order against another person shall comply with
the procedures and requirements set forth in the Lewis County
District Court Anti-harassment Brochure, herein adopted by
reference as a rule of this court. The brochure, as it
currently exists or is hereafter amended, is available through
the Clerk of the District Court and delineates the requirements
that must be met in order for either an emergency temporary
order or an order to show cause may be granted and lead to the
entry of a permanent order after notice and a hearing.
Adopted effective 9/1/98; Amended rule effective 9/1/06
LLCrRLJ 3.1(g)
Waiver of right to counsel
Unless a written waiver of the defendant's right to counsel
is signed by the defendant and filed with the Court, an attorney
shall be appointed to represent the defendant at all stages of
the proceedings. No criminal charge shall be set for trial
involving a self represented defendant, unless such a signed
waiver of counsel is filed with the Court.
Adopted effective 9/1/98; Amended rule effective 9/01/06
LLCrRLJ 3.2(v)
Offenses for which Bail is not Allowed
(1) No person arrested and taken into custody for a new domestic
violence offense shall be released on bail prior to the first appearance
in court. "Domestic violence" includes but is not limited to any of the
misdemeanor or gross misdemeanor offenses listed in RCW 10.99.020(3) or
a similar municipal ordinance, when committed by one family or household
member against another. "Family or household members" are those persons
listed in RCW 10.99.020(1) or a similar municipal ordinance.
(2) No person arrested or taken into custody for a new offense of
Harassment under RCW 10.14, and/or Stalking under RCW 10.46, shall be
released on bail prior to the first appearance in court.
Adopted emergency rule effective 12/16/05; Permanent amended rule effective 9/01/06
LLCrRLJ 3.2 (w)
Bail Schedule
The Lewis County District Court shall periodically publish a
bail schedule which will include the bail schedule and penalty
schedule promulgated by the Supreme Court of the State of
Washington. The schedule will also include appearance dates and
times. The schedule will also be provided to all law enforcement
agencies within Lewis County. The bail schedule shall be
intended as a guideline but shall not be construed as limiting
the authority of the Court in individual cases to set bail in a different amount.
Adopted emergency rule effective 12/16/05; Permanent rule effective 9/01/06
LLCrRLJ 3.3 (h)
Continuances Time for Trial
All motions for continuances shall be heard by notice and
citation on the appropriate motion docket. Only in cases of extreme
emergency and unforeseeable circumstances shall the presiding judge or
the trial judge consider a motion for continuance without the proper
notice and citation.
Adopted effective 9/1/98; Amended rule effective 9/01/06
LLCrRLJ 3.6(c)
Suppression Hearing Procedure
A party moving to suppress evidence must file a written motion
that sets forth in detail the specific factual and legal grounds for
the motion. The motion should be filed with the court at least seven
(7) days prior to the pretrial hearing. Said motion shall be
supported by an affidavit or declaration under penalty of perjury of
a person with testimonial knowledge, setting forth the facts to be
elicited at an evidentiary hearing. The matter will be set for
evidentiary hearing only if the judge at a pretrial hearing finds
that there are facts in dispute. A copy of the motion and supporting
documents must be served on the opposing party at least five court
days prior to the date set for hearing.
As a matter of professional courtesy, the parties shall file
bench copies of all motions, affidavits, and memoranda at the time of
filing of the original documents.
Adopted effective 9/1/98; Amended rule effective 9/01/06
LLCrRLJ 4.1(g)
Mandatory Appearance for Arraignment on all Gross Misdemeanors
A person who is accused of committing a criminal offense denominated as a gross
misdemeanor by the enacting statute, and who is served with a criminal citation
and notice or complaint shall physically appear before the Court for
arraignment on the designated date to allow for determination of probable cause
and the setting of conditions of release in conformity with CrRLJ 3.4(a). In
conformity with CrRLJ 4.1(g), this Court is exercising its right to eliminate
the option of a defendant to waive arraignment on gross misdemeanor charges
under CrRLJ 4.1(g) (1).
EFFECTIVE DATE 12/01/10
LLCrRLJ 4.3.1(d)
No Joinder of Civil and Criminal Matters
A person who is served with a criminal citation and notice or
complaint, and who also receives one or more notices of
infraction arising out of the same incident shall not have the
dates for hearings thereon set together. No civil matter will
be set for hearing on a criminal calendar. Each type of case
will be set on the specific calendar established for that type of case.
Adopted effective 9/1/98; Amended rule effective 9/01/06
LLCrRLJ 4.5.1
Pretrial Procedures
(a) Duty of Parties.
It is the duty of the parties and their counsel to move
expeditiously to seek resolution of these matters prior to trial.
It is the strong policy of this court that the Rules of
Professional Conduct require the completion of investigation,
discovery, and plea negotiations prior to trial setting.
(b)Pre-trial Hearings
The Court shall set all cases where a plea of not guilty has been
entered for a pretrial hearing approximately 45 days after the
date of first appearance. Said hearing shall provide an
opportunity for execution of plea negotiations, resolution of
discovery issues and trial setting. All defendants must be
present, with counsel, where applicable. Failure to appear for
the pretrial hearing may result in the issuance of a warrant of
arrest and/or forfeiture of any bail or bond.
It is strongly suggested that all negotiations be completed
prior to this hearing since no time for additional negotiations
will be available on the pretrial hearing calendar. All
amendments to the charges and any pretrial motions except a motion
in limine shall be made in writing and filed with the court at, or
prior to, the pretrial hearing.
Following this hearing, if a pretrial disposition of any
charge does not occur, an order shall be entered setting forth the
following: trial date; trial confirmation date; discovery
schedule; date of hearing on pretrial motions; and the date by
which witness lists must be exchanged and filed.
(c) 3.5 Hearings
All demands for a CrRLJ 3.5 hearing on admissibility of statements
or confessions must be made in writing and filed no later than the
pretrial hearing. The Court will set hearing dates for motions
filed as part of that proceeding. See LLCrRLJ 3.6 for suppression motions.
(d) Imposition of Jury Costs
In order to efficiently schedule the calling of jurors, to avoid
unnecessary disruptions of the jurors lives, and to further avoid
the waste of public funds, the court will not, unless good cause
is shown, permit the waiver of a jury trial nor the entry of a
plea of guilty in a matter scheduled for jury trial after the date
of the trial confirmation hearing unless the jury costs are
imposed against the moving party.
(e) Trial Confirmation Hearing. See LLCrRLJ 6.1.1 (d)
Adopted effective 9/1/98; amended rule effective 9/01/06
LLCrRLJ 4.12
Duty to Notify Court and Witnesses
When a case docketed for trial or other hearing is settled, or
for any reason will not proceed to hearing at the set time, the
parties shall give notice of that fact immediately to the Court. It
shall be the duty of each party to notify it's own witnesses, not
only of the date and time of the trial, but also of continuances,
pre-trial hearings, motions, and other proceedings. The Court will
not pay witness fees to witnesses who appear for a trial or hearing
which has been continued or settled. Such costs shall be borne by
the party or attorney who called or subpoenaed the witness.
Adopted effective 9/1/98; Amended rule effective 9/1/06
LLCrRLJ 6.1.1(d)
Criminal Trial Confirmation
(a) A date and time for a trial confirmation hearing shall
be assigned to each case at the time it is set for trial. Trial
confirmation hearings shall be held each Tuesday at 2:00 p.m.
for the trials set for the following Thursday or Friday. Trial
confirmation hearings shall be held each Thursday at 2:00 p.m.
for those trials set for the following Monday, Tuesday, or Wednesday.
(b) It shall be the affirmative duty of all parties, and
of their counsel, to advise the court at such hearing of their
readiness to proceed to trial. Failure of a party to advise the
Court of their inability to proceed for any reason known on that
date shall constitute a waiver of the right to request a
continuance for that reason at a later date.
(c) The appearance of criminal defendants at trial
confirmation hearings shall be mandatory unless a written
confirmation of readiness on the form provided is filed with the
court. Said confirmation form must be signed by the defendant
not more than seven days prior to the hearing, and by the
defendant's attorney, under penalty of perjury. The plaintiff
may confirm in person or in writing on the form provided, by
signature under penalty of perjury.
(d) Failure of any party to confirm in person or in
writing will cause the trial date to be stricken. Criminal
defendants who fail to appear or confirm in writing shall be
subject to the issuance of a warrant of arrest, upon a showing
of probable cause.
(e) After confirmation, the failure of a criminal
plaintiff or defendant to appear at trial, or upon appearance,
to be unable proceed with the trial, shall be treated as a
motion for continuance, resulting in the dismissal of the jury
panel, where applicable, and of the trial date. It may also
constitute grounds for the issuance of a warrant of arrest, for
the dismissal of the charges or for the imposition of sanctions
and terms, including jury fees, against litigants and counsel.
Adopted effective 9/1/98; Amended rule effective 9/01/06
LLCrRLJ 7.2(f)
Pre-sentence Reports
In every case where the defendant has been found guilty by the
trier of fact after trial or by virtue of a guilty plea, of the
crimes of DUI, Physical Control, DWLS 1st, or Assault in the Fourth
Degree, a pre-sentence report shall be automatically be ordered by
the Court.. There shall be included in this report the results of
any alcohol, drug, or domestic violence evaluations which has been
ordered. The costs of the preparation of the report shall be
assessed against the convicted person as part of the judgment and
sentence. Failure of the defendant to cooperate in the preparation
of the report including ordered evaluations shall result in the
issuance of a bench warrant requiring the defendant to be held in
custody until sentencing is completed.
Adopted effective 9/1/98; Amended rule effective 9/01/06
LLCrRLJ 7.2(g)
Deferred Prosecution Form
A petition for deferred prosecution pursuant to RCW 10.05 must
be filed with the Court no later than seven (7) days prior to the
Trial Confirmation Hearing unless good cause exists for delay. Said
petition and the accompanying declarations shall be in a form
acceptable to the Court and in conformity with Chapter 10.05 RCW.
The order deferring prosecution shall require as a minimum:
supervision by the LCDC Probation Department for 24 months,
including monthly face-to-face meetings; payment of the costs of
supervision, no conviction for any criminal offense; and compliance
with all of the terms of any proposed treatment plan.
In cases involving a finding of addiction to alcohol or drugs,
the order shall additionally prohibit the consumption of alcohol or
drugs for a period of five years unless prescribed by a physician,
and attendance at a victim impact panel within a specified period of
time, and completion of the outlined treatment program.
In cases involving offenses involving the operation of motor
vehicles, the order shall also include requirements that the
defendant, during the period of deferral, not operate a motor
vehicle unless properly licensed and insured, be convicted of no
criminal traffic offenses, and comply with all DOL requirements
regarding that the defendant only operate a motor vehicle equipped
with an ignition interlock device.
Adopted effective 9/1/98; amended rule effective 9/01/06
LLCrRLJ 7.2(h)
Deferred Prosecutions and Orders of Continuance
Required demonstration of amenability to treatment (Effective 11/01/06)
(1) Prerequisites to entry of Order
An order deferring prosecution of a criminal charge will not be
entered absent sufficient evidence that the Petitioner has
demonstrated her/his amenability to treatment by successfully
completing two months of treatment in the proposed program. Successful
completion means that the Petitioner is fully compliant with every
requirement of the treatment program, and has remained so at all times
during that two month period. The Order granting such a petition will
not be signed unless the petitioner is physically present in the
courtroom. The requirement of the presence of the Defendant is to
allow inquiry of the petitioner by the Court to determine whether the
petitioner is amenable to treatment and whether the Court, in
conformity with the statute, will grant such a petition. The order
deferring prosecution of a criminal charge will not be granted until
after the completion of a standardized risk evaluation to determine
the level of supervision appropriate to that petitioner.
(2) Alcohol Related Driving Offenses
No alcohol related driving offense, including DUI, Actual
Physical Control, Negligent Driving in the First Degree, or Minor
Driving after Consuming, Will be resolved except by plea of guilty to
the original charge, plea of guilty to an amended charge, dismissal,
trial, or under the terms of an RCW 10.05 "Order of Deferred Prosecution".
(3) AOC's/SOC's
The Court will no longer be a party to any form of agreement
between the Plaintiff and the Defense, whether designated "Agreed
Orders of Continuance", "Stipulated Orders of Continuance" or by any
other name. Neither the District Court nor its probation department
shall have a duty to supervise, monitor, or oversee performance of any
agreement entered into by the parties relating to such continuances.
Those agreements may be filed with the Court as grounds for
continuance of the time for trial only.
LLCrRLJ 8.2
Motions
Rules CrRLJ 3.5 and 3.6, and CRLJ 7(b) shall govern motions in
criminal cases. Unless a motion is made during a hearing or trial,
it shall be made in writing, shall state with particularity the
grounds therefore, shall state the statute, case decision, or court
rule that supports the motion, and set forth the relief or order
requested. Timing and notice requirements are governed by CrRLJ
8.1(c) and local rule LLCrRLJ 4.5.
As a matter of professional courtesy, the parties will file
with the Court bench copies of motions and memoranda along with the
originals documents.
Adopted effective 9/1/98: Amended rule effective 9/01/06
LLCrRLJ 8.4 (f)
Deferred Prosecutions and Orders of Continuance
Adopted effective 9/1/98; Currently modified by Emergency rule 1/01/06
Rescinded effective 9/01/06; See LLCrRLJ 7.2 (h)
LLCrRLJ 8.5
Return of Exhibits
See LLARLJ 6.
EFFECTIVE DATE 9/1/98
LLIRLJ 3.2(b)
Motion for Vacation of Default Judgment for FTA
A defendant, against whom a judgment for a traffic infraction
has been entered by default for failure to appear, may file a motion
in writing, on forms provided by the court, requesting that said
default judgment be set aside. The motion will then be set for
hearing. Defendant must be present. The motion will be evaluated
in conformity with CRLJ 60(b). If the Court grants said motion, the
matter will be set for a hearing of the kind requested by the
defendant. Mitigation hearings may be heard at the time of the
motion if the calendar allows.
Adopted effective: 9/1/98; amended rule effective 9/01/06
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