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ABERDEEN MUNICIPAL COURT
Local Court Rules
Table of Rules
LOCAL ADMINISTRATIVE RULES (LAR)
LAR 1 Adoption of Rules
LAR 2 Reservation of Discretion
LAR 3 Office Hours
LAR 4 Court Sessions
LAR 5 Bail Schedule
LOCAL CRIMINAL RULES (LCrR)
LCrR 2.1 Arraignment Date and Detention
LCrR 3.3 Continuances
LCrR 3.4 Presence of Defendant
LCrR 3.5 Confession Procedure
LCrR 3.7 Authorization of Defendant Required
LCrR 4.1 Appearance By Defendant's Attorney, Notice of Appearance, Combining Documents,
Demand for BAC Verifier/ Maintenance Operatorand Motions
LCrR 4.2 Pleadings
LCrR 4.5 Pretrial And Confirmation Hearings
LCrR 4.7 Discovery
LCrR 4.8 Notification of Court and Witnesses
LCrR 6.5 Jury Instructions
LCrR 8.2 Motions and Hearings
LCrR 8.5 Return of Exhibits
LOCAL INFRACTION RULES (LIR)
LIR 2.7 Continuances
LIR 6.10 Infraction Witness Fee
LAR 1
ADOPTION OF RULES
These rules are adopted pursuant to GR7, CrRLJ 1.7 and IRLJ 1.3 and
shall replace all previous Court rules.
[Effective date September 1, 2007].
LAR 2
RESERVATION OF DISCRETION
The Court reserves the authority to interpret and/or suspend or modify
these rules in individual cases on motion of a party for good cause
shown or its own motion in the interest of justice and/or the
efficient operation of the Court.
[Effective date September 1, 2007]
LAR 3
OFFICE HOURS
The Aberdeen Municipal Court shall be open to the public for
administrative business, with a clerk in attendance, each business day
from 8:00 a.m. to 12:00 p.m., and 1:00 p.m. to 5:00 p.m.
[Effective date September 1, 2007].
LAR 4
COURT SESSIONS
Court sessions shall be held in the Aberdeen Municipal Court and at
such other times and places as the Court may deem necessary for its
proper administration on the following schedule:
A. Regular Thursday Court sessions at 8:30 a.m. and 1:00 p.m.
for arraignments, pretrial conferences, motions, change of pleas,
sentencing, show cause hearings and other matters as scheduled.
B. Mondays, (first appearance/arraignment docket) at 1:00 p.m.
C. All regular business days for first appearance/arraignment
for defendants being held in custody, and all DUI/Physical
Control defendants, at a time scheduled by the Court.
D. Jury Trials, Bench Trials, and other hearings shall be
scheduled as determined by the Court. Schedules to be available
upon request of the Court Administrator.
[Effective date September 1, 2007].
LAR 5
BAIL SCHEDULE
The Court shall, by written order filed with the Clerk, establish bail
schedules for use by the police. The schedule shall designate those
types of criminal cases, if any, wherein the defendant shall be
allowed to forfeit bail in lieu of arraignment.
[Effective date September 1, 2007].
LCrR 2.1
ARRAIGNMENT DATE AND DETENTION
A. The arresting officer shall set a defendant's appearance
date and time when issuing a citation charging a criminal
offense. The date set shall be consistent with a schedule to be
provided by the Court Administrator. All citations shall be
filed within forty-eight (48) hours of the next business day.
B. Domestic Violence: A defendant arrested on a domestic
violence offense shall be detained without bail until appearance
on the next judicial day.
C. Defendants charged with violations of RCW 46.61.502,
46.61.503 or 46.61.504 shall appear on the next judicial day after arrest.
D. Defendants arrested and held in custody shall be set for
appearance on the next judicial day.
[Effective date September 1, 2007].
LCrR 3.3
CONTINUANCES
A. Bench Trials - Stipulations: The Court will grant a
continuance after a bench trial date has been set upon a
stipulation of counsel not less than three days prior to the date
set. The defendant must sign all orders of continuance.
B. Bench Trials - Written Motion: All requests for a
continuance made five working days or less prior to a non-jury
trial not stipulated to by the opposing party shall be presented
by written motion and affidavit after notice to the opposing
party. Twenty-four (24) hours prior notice to the opposing party
shall meet the requirement of this sub-section. The Court may
grant a continuance on a showing of good cause.
C. Jury Trials: All requests for a continuance of a jury trial
shall be presented by a written motion and affidavit with notice
provided to the opposing party. Such motions shall be filed on or
before the pretrial hearing unless circumstances beyond the
control of the moving party prevent such motion from being timely
filed. A continuance may be granted only upon a showing of good cause.
D. Good Cause: The following shall be deemed to be good cause:
1. Illness with such verification as may be required by the Court;
2. Unavoidable and/or unforeseen conflicts;
3. Unforeseen unavailability of witnesses; or
4. Lack of discovery or new evidence requiring investigation.
E. Imposition of Costs: Payment of costs of the Court and the
opposing party may be a condition for granting a continuance.
F. Speedy Trial Waiver: If defendant requests a continuance, a
waiver of CrRLJ 3.3, the speedy trial rule, shall be required as
a condition for granting a continuance.
[Effective date September 1, 2007].
LCrR 3.4
PRESENCE OF DEFENDANT
A. The defendant must attend every scheduled Court proceeding.
The only exception to this rule is if an attorney has entered an
appearance or a plea of not guilty in compliance with LCrR 4.1
and CrRLJ 4.1(e), defendant's presence at arraignment is not required.
B. If a defendant is not personally present as required, a
warrant for the defendant's arrest shall issue unless good cause
for the absence is proven to the Court.
[Effective date September 1, 2007].
LCrR 3.5
CONFESSION PROCEDURE
All demands for a CrRLJ 3.5 hearing must be in writing and filed not
less than fourteen (14) days prior to the pretrial hearing. Copies of
the demand must be served contemporaneously with the Prosecuting
Attorney. All CrRLJ 3.5 hearings shall be scheduled by the Court.
[Effective date September 1, 2007].
LCrR 3.7
AUTHORIZATION OF DEFENDANT REQUIRED
A. All CrRLJ 3.3 speedy trial waivers must be signed by the Defendant.
B. All CrRLJ 8.9 affidavits of prejudice must be signed by the Defendant.
[Effective date September 1, 2007].
LCrR 4.1
APPEARANCE BY DEFENDANT'S ATTORNEY NOTICE OF APPEARANCE, COMBINING
DOCUMENTS, DEMAND FOR BAC VERIFIER MAINTENANCE OPERATOR AND MOTIONS
A. Appearance by Defendant's Attorney: Pursuant to CrRLJ
4.1(E), an attorney may enter an appearance or plea of not guilty
on behalf of a client subject to Sections B and C.
B. Defendant's appearance required: A defendant must
personally appear in cases where the defendant is charged with a
Domestic Violence crime or violation of RCW 46.61.502, 46.61.503
and 46.61.504.
C. Notice of Appearance: A Notice of Appearance shall be in
writing and shall be received by the Court a least four (4)
judicial days prior to the scheduled arraignment date in order to
strike the personal appearance of the defendant at arraignment.
D. Written Notice to Withdraw required: Unless a written
notice to withdraw is approved by the Court, defendant's attorney
must appear at all subsequent Court dates, including post
conviction reviews. If defendant's attorney fails to appear at
any hearing, the Court may impose terms and any other conditions
authorized by law.
A. Notice of Appearance to Prosecuting Attorney: Attorneys
appearing for a defendant shall provide a copy of the Notice of
Appearance to the Prosecuting Attorney contemporaneously with
filing the same with the Court.
B. Combining Documents: A Notice of Appearance and plea of not
guilty may be combined in one document.
C. BAC Verifier/Maintenance Operator Demand: Any demand for
the appearance of a BAC verifier/maintenance operator shall be by
separate document to be filed with the Court and served on the
Prosecuting Attorney contemporaneously with filing the same with the Court.
D. Motions: Any motion filed on behalf of any party shall be
provided to the attorney representing the opposing party or, if
not represented, to the opposing party contemporaneously with
filing the same with the Court.
[Effective date September 1, 2007].
LCrR 4.2
PLEADINGS
Every paper presented to the Judge for signature or delivered to the
Court for filing shall be a clearly readable original and shall
include: (a) number and title of case, (b) designation of what the
paper purports to be, and (c) name, original signature, office
address, office telephone number, and WSBA number of counsel.
[Effective date September 1, 2007].
LCrR 4.5
PRETRIAL AND CONFIRMATION HEARINGS
A. Jury Trials:
1. All cases scheduled for a jury trial shall be set for a
pretrial hearing not less than fourteen (14) days prior to trial.
2. All cases set for a jury trial will also be set for a
confirmation hearing after the pretrial hearing and prior to the
jury trial date. At the confirmation hearing, all parties are
expected to verify readiness to proceed to trial, or to propose
an alternate disposition. When a case assigned for jury trial is
settled or will not be tried by the jury for any reason, notice
of that fact shall be given immediately to the Court. The Court
may impose terms including payment of the actual costs of the
jury in the event a case settles after the confirmation hearing.
B. Bench Trials: All cases set for a trial to the Court
without a jury will be set for a confirmation hearing at least
five (5) days prior to the trial date. At the confirmation
hearing, all parties are expected to verify readiness to proceed
to trial, or to propose an alternate disposition. When a case
assigned for trial to the Court is settled or will not be tried
for any reason, notice of that fact shall be given immediately to
the Court. The Court may impose terms in the event a case
settles after the confirmation hearing.
C. Failure to Appear: The prosecutor, defense counsel and
defendant shall attend all pretrial and confirmation hearings.
If the defendant fails to appear for the pretrial or confirmation
hearing, a warrant for the arrest of the defendant shall issue
unless good cause is shown for defendant's absence. If the
prosecutor or defense counsel fails to appear at the pretrial or
confirmation hearing, the Court may impose terms and any other
sanctions authorized by law, and the Court may continue or strike
any scheduled hearing or trial date.
D. When a case is set for trial, a pretrial order shall be
entered. The order at a minimum must include:
1. The pretrial conference date,
2. The trial date,
3. The type of trial requested,
4. The filing date for witness lists,
5. Whether a CrRLJ 3.5 hearing is requested,
6. The filing date for pretrial motions,
7. The filing date for motions in limine, and
8. The filing date for jury instructions.
[Effective date September 1, 2007].
LCrR 4.7
DISCOVERY
A. Discovery demands shall be by a separate document. "Blanket"
discovery forms may be used, provided that each item requested
shall contain a box or square in the left margin and shall be
checked by the demanding party if that item is applicable to the
particular case. Demands not applicable shall not be checked.
The attorneys of record shall personally examine, approve, and
sign each discovery request. Sanctions may be imposed for
violation of this rule, including but not limited to the
quashing of the entire demand.
B. Failure to provide discovery materials, including bills of
particular if ordered, shall be deemed waived unless the Court
is notified in writing not less than fourteen (14) days prior to
the trial, or by the pretrial hearing, whichever is earlier.
[Effective date September 1, 2007].
LCrR 4.8
NOTIFICATION OF COURT AND WITNESSES
A. Notification: When a case docketed for trial or other hearing
is settled or will not otherwise proceed to hearing, the parties
shall immediately give notice of that fact to the Court. It
shall be the duty of each party to notify its own witnesses, not
only of the date and time of trial, but also of continuances,
pretrial hearings, motions and other proceedings.
B. Witness Costs-Continuance or Settlement: The Court will not pay
witness fees to witnesses who appear for a case that has been
continued or settled without trial or hearing. Such costs shall
be borne by the party or attorney who called, subpoenaed or
requested a subpoena for the witness.
C. Witness Costs-Trial: The Court will not pay witness fees to
witnesses who testify at trial unless the party that calls the
witness has filed a witness list and proof of service with the
Court by the pretrial hearing.
D. Witness Costs-Other Hearings: The Court will not pay witness
fees to witnesses who testify at a hearing unless the party that
calls the witness has filed a timely witness list and proof of
service with the Court at least five (5) judicial days before
the hearing.
E. For Sections B, C and D, such costs shall be borne by the
party, or attorney, who called, subpoenaed or requested a
subpoena for the witness.
[Effective date September 1, 2007].
LCrR 6.5
JURY INSTRUCTIONS
A. When Submitted: Unless otherwise requested by the trial Judge,
proposed jury instructions shall be submitted by 1:00 p.m. the
day before trial.
B How Submitted: Three sets of instructions shall be submitted
on plain 8-1/2 x 11 paper. One set shall be unnumbered.
Citations of authority shall not appear on the unnumbered set.
One additional set shall be served upon the opposing party.
C Pattern Instructions: All instructions must be prepared by the
offering party.
[Effective date September 1, 2007].
LCrR 8.2
MOTIONS AND HEARINGS
A. Motions: All motions, including but not limited to amendment to
the charge(s) or for continuance, shall be heard at the pretrial
hearing. Motions will not be considered after the pretrial
hearing unless they could not have been raised at the pretrial
hearing, or the Court on its own motion continues a matter past
the pretrial hearing.
B. Motion Contents: Absent good cause, motions for dismissal,
motions in limine, or motions for the suppression of evidence in
criminal cases shall be in writing, shall state the grounds for
the motion, shall be supported with a brief and memorandum of
authorities, and shall be provided to the Court, the opposing
party or the attorney for the opposing party and filed at least
fourteen (14) days before the pretrial hearing. Lengthy motions
or motions requiring witnesses to be subpoenaed will be set for
a separate hearing date by the Court.
C. Subpoenas: A party wishing the attendance of a witness at a
hearing shall be responsible for subpoenas of such witnesses,
except that the Prosecuting Attorney shall subpoena necessary
witnesses for a CrRLJ 3.5 hearing if the defendant or his
attorney has requested in writing such attendance and has given
notice for such motion as set forth herein.
D. Testimonial Hearing Notice: A party bringing a motion which
will require testimony, including CrRLJ 3.5 hearings, shall give
separate notice of such to the Court and the opposing party not
less than fourteen (14) days prior to the hearing. Failure to
comply with this rule may result in the striking of the motion,
its denial or terms.
E. Trial Briefs: Trial briefs shall be filed no later than two (2)
days before trial.
[Effective date September 1, 2007].
LCrR 8.5
RETURN OF EXHIBITS
Every exhibit in a criminal case will be returned to the party/or
attorney who produced that exhibit for identification. The return
shall be made upon written application, following termination of the
time for appeal. Exhibits not requested to be returned during that
period by the producing attorney or party may be delivered by the
Court Administrator to the local police authority for disposition as
abandoned property; or if contraband, for destruction. No exhibit
shall be withdrawn or delivered without being receipted for by the
receiving party.
[Effective date September 1, 2007].
LIR 2.7
CONTINUANCES
A. Mitigation Hearing: A Court clerk may grant one telephone
request for a continuance. The continuance must be requested by
5:00 p.m. the day before the scheduled hearing. Thereafter, all
requests must be in writing and approved by the Court.
B. Contested Hearing: A Court clerk may grant one telephone
request for a continuance. The continuance must be requested not
less than three (3) weeks before the scheduled hearing.
Thereafter, all requests must be in writing and approved by the Court.
[Effective date September 1, 2007].
LIR 6.10
INFRACTION WITNESS FEE
Each party is responsible for costs incurred by that party as set
forth in RCW 46.63.151. The party requesting the witness shall pay
the witness fees and mileage expenses due that witness. Any person
who requests production of an electronic speed measuring device
expert, and who is thereafter found by the Court to have committed the
infraction, shall be required to pay the fee charged by the expert as
a cost incurred by the party.
[Effective date September 1, 2007].
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