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PIERCE COUNTY DISTRICT COURT NO. ONE
LOCAL RULES
TABLE OF RULES
ADMINISTRATIVE RULES (LARLJ)
1 Local Rules Suspension
2 Form of Pleadings
4 Cancellation of Calendared Cases
5 Retrieval of Case from State Archive/Storage Facility
6a Small Claims Mediation
6b Continuance of Mediation or Small Claim Trial
7a Infraction Witnesses
7b Infraction Discovery Requests
CRIMINAL TRAFFIC/CRIMINAL NON-TRAFFIC RULES (LCrRLJ)
1 Forms of Pleadings
6.1 Criminal Jury Trial Readiness
6.3 Criminal Jury Trial (Voir Dire)
6.15 Criminal Jury Trial (Jury Instructions)
8.2a Procedure for Setting Motions
8.2b Motion to Continue
16 Mandatory Appearance and Pleadings by Attorneys
CIVIL/SMALL CLAIMS RULES (LCRLJ)
1 Form of Pleadings
5 Filing of Pleadings and Other Papers
10 Pro Se Litigants
14 Removal of Small Claim to Civil Status
26 Discovery
38a Confirmation of Civil Jury Trial
38b Cancellation of Civil Jury Trial
40 Civil Trial Settings; Continuances; Pretrial Settlement Conferences
41 Non-Appearance of a Party or Parties on Trial Date
54a Garnishment Judgment on Answer
54b Condition Precedent for Attorneys Fees on Dishonored Checks
55 Default Judgments
INFRACTION RULES (LIRLJ)
2.2 Filing of Notice
3.5 Decisions On Written Statements
LARLJ 1
LOCAL RULES SUSPENSION
Any of these rules may be suspended or modified, upon good cause shown,
by written stipulation of the parties approved by the court, or by the
court upon its own motion.
LARLJ 2
FORM OF PLEADINGS
STYLE AND FORM
FACILITATING PROOF OF SERVICE AND FILING OF PAPERS
Style and Form. (See: CRLJ 5 and 10 and CrRLJs 1.5 and 8.4.)
Filing with Court. (See CrRLJ 8.4(c) and CRLJ 5.)
1. Action Documents: Pleadings or other papers requiring action on the
part of the Clerk/Court (other than file stamping, docketing and placing in
the court file) shall be considered action documents. Action documents
shall include a special caption directly below the case number on the first
page, stating: "Clerk's Action Required: (here state the action
requested)".
2. Format Recommendations: It is recommended that all pleadings and
other papers include or provide for the following:
a) Service and filing: Space should be provided at the top of the first
page of a document allowing on the right half for the clerk's filing stamp,
and in the left half for proof of or acknowledgment of service. Common
pleading or service forms should be two-hole punched at the page top for
fastening in court files.
b) Numbered paper: All pleadings, motions, affidavits, briefs, and
other supporting documents prepared by attorneys/parties should be on paper
with line numbering in the left hand margin.
c) Handling by clerk: All pleadings or other papers with proper caption
and cause number will be date receipted, docketed, and secured/placed in
the court file by the clerk of the District Court in the order received.
EXAMPLE LARLJ 2
SPACE FOR SERVICE PROOF SPACE FOR COURT FILING STAMP
______________________________________________________________________
PIERCE COUNTY DISTRICT COURT NO. ONE, PIERCE COUNTY WASHINGTON
)
Plaintiff ) Cause No.
)
-vs- ) CLERK'S ACTION REQUIRED: SET THIS
) MOTION FOR HEARING
)
Defendant ) MOTION FOR _______________________
______________________________________________________________________
FOR ATTORNEY USE
Please set hearing prior to trial date.
Please set hearing day of trial.
______________________________________________________________________
FOR CLERK'S USE ONLY
This matter set for hearing on the _______ day of _______________, 1993.
This matter to be heard on trial date, prior to start of actual trial.
EXAMPLE LARLJ 2
SPACE FOR SERVICE PROOF SPACE FOR COURT FILING STAMP
______________________________________________________________________
PIERCE COUNTY DISTRICT COURT NO. ONE, PIERCE COUNTY WASHINGTON
)
Plaintiff ) Cause No.
)
-vs- ) CLERK'S ACTION REQUIRED: SET THIS
) MOTION FOR HEARING
)
Defendant ) MOTION FOR _______________________
______________________________________________________________________
The clerks will not search out action items. They will not search
through letters, notices of appearance, requests for discovery, or other
materials, to locate possible requests for action, such as: preservation of
jury trial, non-waiver of 60/90 day rule (this needs a request to set
within the correct time, see CrRLJ 3.3), or concern with witnesses. Amongst
CRLJs impacted by this rule are:
CRLJ 2A Stipulations CRLJ 40 Assignment of Cases
CRLJ 4 Process CRLJ 41 Dismissal of Actions
CRLJ 5 Service and Filing of CRLJ 45 Subpoena
Pleadings and Other Papers CRLJ 54 Judgments/Costs
CRLJ 7 Pleadings Allowed: Form of CRLJ 55 Default
Motions CRLJ 56 Summary Judgment
CRLJ 10 Form of Pleadings CRLJ 59 New Trial,
CRLJ 12 Defenses and Objections Reconsideration, and
CRLJ 13 Counterclaim and Cross Claim Amendment of
CRLJ 15 Amended and Supplemental Judgments
Pleadings CRLJ 60 Relief from Judgment
CRLJ 26 Depositions Pending Action or Order
CRLJ 38 Jury Trial CRLJ 71 Withdrawal by
Attorney
LARLJ 4
CANCELLATION NOTIFICATION OF SUMMARY JUDGMENT
MOTIONS, JURY TRIALS, VISITING JUDGE CASES
AND CIVIL TRIALS REQUIRING IN EXCESS OF ONE
COURT DAY TO COMPLETE
Cancellation notification in writing or telephonically must be given to
the Pierce County District Court No. One Civil Section at least 48 hours
prior to the date and time the hearing is scheduled to take place.
If cancellation notification is not received at least 48 hours prior to
the date and time of the hearing, the following sanctions may be imposed:
1. Jury Trial, Visiting Judge Case or Court Trial in Excess of One Day
- Terms of up to $50.00 may be assessed against each party.
2. Summary Judgment Motion - Terms of up to $25.00 may be assessed
against each party.
Trial and/or motion dates will not be rescheduled until sanction
payments are received by the Court.
LARLJ 5
RETRIEVING CASE FILES FROM STATE ARCHIVE
OR DISTRICT COURT STORAGE FACILITY
Retrieval from County Archives: Case files that have been transcribed,
dismissed or satisfied are processed and transmitted to the State Archive
Facility in accordance with the State Retention Schedule. In order to
retrieve a case file from the State's facility a request form must be
completed. The cost to retrieve a case file from archives will be set by
court policy per case file. This fee covers the cost charged by the State
to retrieve documents.
Retrieval from District Court Facility: Due to limited storage space,
some open civil case files are stored outside the County/City Building.
These case files are accessed from the off-site facility on a weekly basis
at no cost to the party requesting the case file.
LARLJ 6A
SMALL CLAIMS MEDIATION
Mediation is mandatory before a trial is allowed. The court will set
the date for mediation at the time of filing. Both parties must attend the
mediation. If the plaintiff fails to appear, a dismissal will be entered.
If the defendant fails to appear, their answer, if one was filed, will be
stricken and a default judgment entered. Parties must bring their evidence
to the mediation, however, no witnesses are allowed. The purpose of
mediation is to settle the case if possible; if no settlement is made at
mediation, the case will be set for trial. Attorneys and paralegals may not
represent parties at mediation.
If the parties have already submitted the case to another type of
mediation or arbitration service, the case may proceed directly to trial.
LARLJ 6B
CONTINUANCE OF MEDIATION OR SMALL CLAIM TRIAL
The party requesting the continuance must contact the other party who
must also agree to the continuance. Both parties must contact the Court in
person or by telephone.
If one party will not agree to the continuance, the party seeking the
continuance may make a written motion for continuance and set a hearing
date prior to the scheduled mediation or trial date. The motion and notice
of hearing must be served on the opposing party not less than five days
prior to the date set for the motion to continue. At the hearing, the
Judicial Officer will make the ruling if the matter will be continued.
If there are less than five days prior to the mediation or trial date
to serve the opposing party, the party requesting the continuance may
contact the Court to explain the circumstances which require the mediation
or trial to be continued. The matter may be continued by the Court upon
showing of good cause.
LARLJ 7A
INFRACTION WITNESSES
The District Court will not serve or forward subpoenas issued pursuant
to IRLJ 3.1. Pursuant to IRLJ 6.6, a request for a Speed Measuring Device
Expert shall be made at the time of the request for a contested hearing to
allow appropriate scheduling of the hearing. Failure to do so shall result
in an IRLJ 6.6(c) continuance of the hearing to a subsequent hearing when
an expert will be available. The defendant may in the alternative waive the
presence of the expert at the hearing and accept the IRLJ 6.6 affidavit in
lieu of testimony.
LARLJ 7B
INFRACTION DISCOVERY REQUEST
Discovery requests other than a copy of the infraction, the officer's
report and the speed measuring device certification must be set for hearing
to determine the relevance of such requests.
LCrRLJ 1
FORMS OF PLEADINGS-STYLE AND FORM-FACILITATING
PROOF OF SERVICE AND FILING OF PAPERS/CLERKS
ACTION REQUIRED
SEE LARLJ 2
LCrRLJ 6.1
Criminal Jury Trial Readiness
In all criminal jury trials a readiness hearing shall be scheduled
during the week prior to the scheduled criminal jury trial. The defendant,
defense attorney and prosecuting attorney must attend the readiness hearing
unless prior to or at that hearing a “Declaration of Readiness for Jury
Trial In Lieu of Readiness Hearing” is filed with the court.
The Readiness Hearing is scheduled to determine which matters set for trial,
will in fact, go to trial. Dispositions may be presented at the readiness hearing
or on the scheduled trial date. After the readiness hearing the following
restrictions to the proceedings shall apply:
All Plea Negotiations shall be concluded at or before the readiness hearing.
No amendments to the charges will be granted by the court, unless they have been
agreed to by the parties prior to or at the readiness hearing.
Continuances on the scheduled trial date will only be granted for good cause.1
The Time of Trial shall be extended at or after a case is declared
“ready for trial” in case of extraordinary and unforeseeable circumstances only.2
[Adopted effective September 1, 2001.]
_______________________________
1 It is the intention of the Court to not extend the time within which the case is to
be tried. The court will vigorously enforce the speedy trial rule, bringing matters
to trial a soon after the alleged offense date as is practicable.
2 These will usually involve injury, illness or death. Vacations, training or other
scheduled events shall not be the basis for an extension of the speedy trial time.
LCrRLJ 6.3
CRIMINAL JURY TRIAL
1. Voir Dire: The court will obtain from the members of the jury panel
answers to a general list of questions touching on their qualifications to
serve as jurors. The form of the questionnaire will be adopted and amended
by the judges and maintained in the court policy manual to allow updating
without requiring a change of local rules. These questions may be
supplemented at the request of the Court or the parties.
LCrRLJ 6.15
CRIMINAL JURY TRIAL
1. Jury Instructions: The court will maintain, in certain types of
cases, a standard set of jury instructions which will be given by the
court, unless supplemented or supplanted by jury instructions provided by
the parties. When the court does not maintain a standard set of jury
instructions or either party wishes to supplement or supplant the standard
set, the party or parties shall provide copies of said jury instructions to
the court not later than the start of the defendant's case, unless the
requirement for the instruction(s) was not foreseeable. The parties'
proposed instructions shall consist of one original set of jury
instructions without citation to Washington Pattern Jury Instructions or
case law and one set with citations. A copy of the set with citations shall
be served upon opposing counsel at the same time jury instructions are
filed with the court.
LCrRLJ 8.2A
PROCEDURE FOR SETTING MOTIONS
1. PRETRIAL MOTIONS AND POST-TRIAL MOTIONS FILED DURING THE APPEAL PERIOD:
All motions shall be in writing and set forth the relief sought.
Motions, other than those regarding warrants, should be filed at the pretrial
conference whenever possible or as soon as possible thereafter. Where issues
arise after the pretrial conference or after disposition, the moving party
shall file and serve a written request for docketing of the motion together
with the motion and supporting documents stating the general basis for the motion.
2. POST-TRIAL MOTIONS AFTER APPEAL PERIOD HAS EXPIRED:
A request for hearing of any motion after the appeal period has expired will
require the defendant or defense attorney to file and serve a written motion and
declaration stating the relief requested and the basis therefore and requesting
the court to set a hearing on the motion. The court will grant or deny the
hearing on the motion within seven (7) days of filing the motion and notify the
parties within five (5) days of the decision.
LCrRLJ 8.2B
MOTION FOR CONTINUANCE
All motions for continuance shall be in writing and supported by an
affidavit substantially in the form of attachment A hereto. The moving
party will set forth in the affidavit the following information:
1. Date of arraignment;
2. Date the trial is currently set;
3. Dates of prior continuances and which party requested the same;
4. Reason for this requested continuance, including the date the
information upon which this motion is made came to the attention of the
moving party;
5. If the request is based on the unavailability of witnesses, include
the earliest date the witnesses will be available (whether before or after
the current trial date set);
6. Any other facts known to the moving party bearing on questions of
due diligence in moving for the continuance or which will assist the court
in setting an appropriate date if the continuance is granted.
The non-moving party if in opposition to the motion for continuance,
when given five (5) working days notice of the motion, shall file an
affidavit setting forth any prejudice their client will suffer if the
continuance is granted. Failure to file such an affidavit shall be deemed a
waiver of a claim of prejudice by the non-moving party.
In the District Court No. One, Pierce County Washington
)
State of Washington ) Affidavit in Support
) of Motion to Continue
Plaintiff )
-vs- ) CASE NO.(s)
)
)
Defendant. )
_________________________________)
State of Washington )
) ss.
County of Pierce )
The undersigned, being first duly sworn on oath deposes and says:
1. Defendant was arraigned ____________________
2. Trial date is currently set for ____________________
3. Prior continuances have been requested by ____________________
4. The reason for the prior request was ____________________
5. The basis for this motion is ____________________
6. Date information basing this motion became available is ________
7. If the request is based on the unavailability of witnesses, what is the
earliest date the witnesses will be available, whether before or after
the current trial date set
_________________________________________________________________
8. Any other facts known to the moving party bearing on questions of due
diligence in moving for the continuance or which will assist the court
in setting an appropriate date if the continuance is granted.
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_____________________________________________
Defendant\Defense Counsel\Prosecuting
Attorney
Subscribed and sworn to before me this ____ day of ___________, 19___.
_____________________________________________
Notary Public in and for the State of
Washington residing at _____________________.
LCrRLJ 16
MANDATORY APPEARANCE AND PLEADINGS BY ATTORNEYS
Pursuant to CrRLJ 3 & 4, an attorney may enter an
appearance and/or plea of not guilty on behalf of a client
in any criminal or traffic offense, if said appearance or
plea is made in writing or made in open court UNLESS the
defendant is charged with domestic violence, driving while
under the influence or physical control.
A person charged with domestic violence, driving while under
the influence or physical control shall be required to
appear in person before a judicial officer on the earliest
practicable day following arrest. The earliest practicable
day is defined as:
For persons arrested The next judicial day
not posting bail
For persons arrested According to schedule
posting bail determined by the court
For persons not arrested Summoned within 15 days from
filing of charge
Unless previously commenced by an appearance made in open
Court, when a written appearance is authorized it shall
commence the running of the time periods established in
CrRLJ 3.3 from the date of receipt by the Court. A written
appearance, waiving an arraignment, but without plea, shall
be considered a plea of not guilty, made in writing, or in
open Court, and obviates the need for further arraignment
and waives any defects in the complaint other than failure
to state a crime. Telephonic requests or notice by defendant
or defense counsel shall not constitute an arraignment,
appearance or plea, and shall not commence the time periods
under CrRLJ 3.3.
LCRLJ 1
FORMS OF PLEADINGS-STYLE AND FORM-
FACILITATING PROOF OF SERVICE AND FILING
OF PAPERS/CLERKS ACTION REQUIRED
SEE LARLJ 2
LCRLJ 5
FILING OF PLEADINGS AND OTHER PAPERS
1. Documents Not to be Filed:
a) Interrogatories and depositions without written permission of Pierce
County District Court No. One, unless necessary for the disposition of a
motion or objection;
b) Unanswered request for admissions, unless necessary for the
disposition of a motion or objection;
c) Photocopies of reported cases, statutes, or texts appendixed to a
brief or otherwise, shall not be filed, but may be furnished directly to
the Judge hearing the matter; and
d) Documents or copies thereof which should be received as exhibits
rather than part of the court file.
e) Evidence Rule 904 documents.
LCRLJ 10
PRO SE LITIGANTS
In accordance with District Court rules, all pro se defendants must
respond to the service of a Summons and Complaint by filing a Pro Se
Appearance and Answer in the form of the civil rules or by utilizing the
uniform form set forth in these rules. The original of the Pro Se
Appearance and Answer shall be filed with the court and a copy served upon
the plaintiff or plaintiff's attorney.
PIERCE COUNTY DISTRICT COURT NO. ONE, PIERCE COUNTY WASHINGTON
)
Plaintiff, ) NO.
)
-vs- ) PRO SE APPEARANCE AND ANSWER
)
Defendant. )
______________________________)
1. My name is: ________________________________________
2. My address is: ________________________________________
3. Telephone: Home __________________ Work _______________
4. I am appearing:
__________________ for myself only
__________________ for myself and ______________________________
whose address is _____________________________________________
5. I admit the following paragraph and/or subparagraph numbers of the
complaint:
_________________________________________________________________
6. I deny the following paragraph and/or subparagraph numbers of the
complaint:
_________________________________________________________________
7. The specific reason(s) I denied the paragraph(s) listed in number six
(6) above is/are as follows:
_________________________________________________________________
_________________________________________________________________
I have read the above appearance and answer, the statements made are true
to the best of my knowledge.
DATE: ____________________ SIGNATURE _______________________________
LCRLJ 14
REMOVAL OF SMALL CLAIM TO CIVIL STATUS
1. Cross claim or counter claims: Defendant or his Counsel may file a
Summons and Complaint by paying the $31.00 filing fee, and then move the
Court to consolidate the Small Claim action and the Civil action under the
District Court number. A date will be set hearing the motion and both
parties notified.
2. Other: In a case where there will be no cross-claim or counter
claim, the defense counsel shall file a motion asking that the matter be
moved to the District Court. If the motion is granted, Defense Counsel must
submit, within fourteen (14) days of the granting of the motion, an
appearance and answer on behalf of the defendant(s) and pay the $31.00
civil filing fee. The Small Claim action will then be transferred to the
Civil docket and will proceed as a Civil case from thereon. If the
defendant fails to so file or pay, the order transferring the matter to the
District Court Calendar shall be vacated and the matter rescheduled as a
small claim.
LCRLJ 26
DISCOVERY
1. Depositions of a Party. A party will be entitled to take one (1)
deposition of another party without prior permission of the court, and in
accordance with Rule 30 of the Superior court Rules.
2. Demand for Damages. A party may demand a specification of damages under
RCW 4.28.360.
3. Limited Interrogatories Without Prior Approval of the Court. The
following Interrogatories and Requests for Production may be submitted by
either party:
A. State the amount of general damages being claimed.
B. State each item of special damages being claimed and the amount thereof.
C. List the name, address and phone number of each person having any
knowledge of facts regarding liability.
D. List the name, address and phone number of each person having any
knowledge of facts regarding the damages claimed.
E. List the name, address and phone number of each expert you intend to call
as a witness at trial. For each expert, state the subject matter on which the
expert is expected to testify. State the substance of facts and opinion to
which the expert is expected to testify and a summary of the grounds for each opinion.
F. Produce a copy of any insurance agreement under which any person carrying
on an insurance business may be liable to satisfy part or all of any judgment
which may be entered in this action, or to indemnify or reimburse the payments
and to satisfy the judgment.
G. Produce a copy of any agreement or contract or other document upon which
this claim is being made.
H. Produce a copy of any bill or estimate for items for which special damages
is being claimed.
4. Additional Discovery. No additional discovery shall be allowed, except as
the parties may stipulate or as the court may order. The court shall have
discretion to decide whether to permit any additional discovery. In exercising
such discretion the court shall consider:
A. Whether all parties are represented by counsel;
B. Whether undue expense or delay in bringing the case to trial will result;
C. Whether the interests of justice will be promoted.
5. Conducting Discovery. Any discovery authorized pursuant to this rule
shall be conducted in accordance with Civil Rules 26-37.
6. Limitations on Discovery. No blanket orders for unlimited discovery will
be permitted.
7. Evidence Deemed Admissible.
A. All provisions of Evidence Rule (ER) 904 are adopted.
B. Subject to the time lines established in ER 904, the written
statement of any witness, including the written report of an expert
witness, which includes statements of opinion, which the witness would be
allowed to express if testifying in person, is deemed admissible if it is
made by affidavit or by declaration under penalty of perjury. Any other
party may subpoena the author or maker of the written statement admissible
under this subsection, at the party's expense, and examine the author or
maker as if under cross examination.
LCRLJ 38A
CONFIRMATION OF CIVIL JURY TRIAL
Whenever a civil jury trial has been demanded and scheduled, the
requesting party shall notify the Civil Department at Pierce County
District Court No. One during normal business hours on the Friday or the
last working day of the week prior to the date the trial is set and confirm
that the jury trial is to remain scheduled.
Failure to do so will be deemed as a waiver of the jury trial demand.
LCRLJ 38B
CANCELLATION OF CIVIL JURY TRIAL
Whenever a case set for jury trial is settled or will not be tried, for
any reason, the court shall be notified immediately. If notice of
cancellation is not received at least 48 hours prior to the scheduled date,
the court shall assess costs for the jury panel to the requesting party.
LCRLJ 40
CIVIL TRIAL SETTINGS; CONTINUANCES;
PRETRIAL SETTLEMENT CONFERENCES
Whenever a Demand for Jury Trial has been filed in a
civil case, the case shall be set for mandatory mediation.
All attorneys and all parties or persons representing them
with authority to consent to settlement shall be present for
mediation. In the event of the failure of any person
identified above to appear for the mediation, terms may be
assessed, at the discretion of the court, for failure to
comply and the inconvenience, to the opposing party.
[Adopted effective August 15, 2000.]
LCRLJ 41
NON-APPEARANCE OF A PARTY OR PARTIES ON TRIAL DATE
If the plaintiff does not appear within sixty (60) minutes of the time
set for trial, and no request for extension of time is received by
telephone or otherwise, defendant, upon motion, may be granted a judgment
of dismissal without prejudice, be awarded costs and if otherwise
authorized, a reasonable attorney's fee, and if a counterclaim, upon
satisfactory proof, may be awarded judgment thereon.
If the defendant does not appear within sixty (60) minutes of the time
set for trial, the plaintiff, upon motion, may be granted judgment as
prayed for, upon satisfactory proof to the court, including costs and if
otherwise authorized, a reasonable attorney's fee.
In the event neither party appears at the time set for trial, or within
sixty (60) minutes thereafter, the matter shall be dismissed without
prejudice, (including counterclaims) on or after the fourteenth (14) day
following the scheduled trial date, unless the court has received prior
notification of agreed or confessed judgment, settlement, dismissal, or
continuance. Notification may initially be oral and/or by telephone, but
will not be deemed completed until followed with a clear written statement
by the person making such notification. Such written statement shall be
filed with the court by 4:30 p.m. on the fifth (5) day following the oral
telephonic notification.
LCRLJ 54A
GARNISHMENT JUDGMENT ON ANSWER
Judgments on answer of garnishee defendant seeking the addition of
costs to the previous judgment balance shall include a judgment balance
itemization including key elements. The key elements that are required in
the judgment on answer are:
1. Principal amount owed at time garnishment filed;
2. Garnishment filing fee;
3. Attorney's fees;
4. Answer fee;
5. Service fees; and
6. Postage/Certified mail costs.
Proof (in receipt form or affidavit form) must be attached regarding
service fees and postage/certified mail costs.
LCRLJ 54B
CONDITION PRECEDENT FOR ATTORNEY'S FEES ON
DISHONORED CHECKS
Collection and handling charges and reasonable attorneys fees on
actions brought to collect dishonored checks shall not be allowed unless
proof of the following is provided:
a) The statutory form of notice of dishonor has been sent as required
by RCW Chapter 62.A-3 and a copy is filed with the court.
b) The original check or a copy of the original check and statement as
to the current disposition of the original check is filed with the court.
LCRLJ 55
DEFAULT JUDGMENTS
1. All necessary papers required for entry of a default judgment shall
be filed at the same time as the motion for default judgment, unless
extended by court order to correct a clerical error or omission or for
furnishing of any proof required by the court.
2. No default judgment shall be granted except upon proof satisfactory
to the court. The court shall require at least the following to be on file
with the motion for default judgment, unless otherwise excused by the court
for good cause;
a. On assigned causes of action, the assignment instrument;
b. On causes of action based on a negotiable instrument, the original
negotiable instrument;
c. On causes of action based on a retail sales contract, chattel
mortgage, or conditional sales contract, the original contract (or a copy
if the original has been filed with a government agency). Where applicable,
an automobile title or bill of sale must be filed;
d. On causes of action based on open account where the complaint is not
specific, a written statement of account setting forth all charges and
credits and the dates thereof, the nature of merchandise or services
furnished, and a statement of any interest or surcharges which are
included;
e. On causes of action for rent based on an oral lease, a statement of
account similar to that required in actions on open account. If any claim
is made for damages or repairs to premises, such claim must be itemized
separately;
f. On causes of action for rent based on a written lease, a copy of the
lease and a statement of account as in subsection (2)(d) of this Rule;
g. On causes of action based on all other contracts, oral testimony to
prove performance may be required, together with filing of a copy of the
contract, if written; and filing or proving the items of account and any
credits;
h. On causes of action for tort, the proof required shall be the same
as required above for proving contract balances except that the following
additional proof of the amount of damage shall be required;
i. Property damage may be proved by repair bills or estimates;
j. Loss of use claims, loss of wages, and pain and suffering shall be
proved by oral testimony;
k. Hospital and doctor bills may be proved by written bills, whether
paid or not.
3. A sworn affidavit may be substituted in lieu of oral testimony.
4. No judgment for interest shall be allowed unless there is proof on
file of the factors necessary for computation of interest including
applicable dates, rate of interest, amounts subject to interest, and a
computation of the total interest claimed due.
5. Plaintiff shall file a stamped, addressed envelope (with last known
address of the defendant) at the time the motion for default judgment is
made. The clerk of court shall mail a copy of the judgment to the
defendant.
LIRLJ 2.2
Filing of Notice
An infraction is issued on the date the infraction is signed
by the citing officer or prosecuting authority. When a
Notice of Infraction has been issued, the notice shall be
filed with the Court within five days of issuance of the
notice, excluding the day of issuance, Saturdays, Sundays and holidays.
When the Notice of Infraction is presented to the Court, the
Court clerk shall stamp the citation with the current date
and the infraction shall be deemed filed on that date and
not the date the infraction is entered into the case
management system.
In the absence of good cause shown, a Notice of Infraction
not filed within the time limits of the section shall, upon
motion, be dismissed with prejudice.
LIRLJ 3.5
DECISIONS ON WRITTEN STATEMENTS
Mitigation and contested hearings based on written
statements, given under penalty of perjury as provided for
in IRLJ 2.6(c) are authorized. The procedures authorized by
IRLJ 3.5 are adopted by this court. To be considered, the
written statement(s) must be received by the court pursuant
to written instructions provided to the defendant.
[Adopted effective August 15, 2000.]
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