Black Diamond Municipal Court Table of Rules Purpose, Scope and Construction 1.1 Adoption of Local Rules 1.2 Title of Rules 1.3 Effect of Local Rules 1.4 Reservation of Discretion 1.5 Next Judicial Day Local Criminal Rules 2.1 Quashing Warrants 2.2 Witnesses
1.1 Adoption of Local Rules These rules are adopted pursuant to GR 7, CrRlj 1.7 and IRU 1.3 The effective date of these rules shall be July 1, 2004, except as to those rules governed by GR 7, in which case the effective date will be September 1, 2004.
1.2 Title of Rules These rules may be known and cited as Black Diamond Municipal Court Local Rules, and shall be referred to as BDMCLR.
1.3 Effect of Local Rules The provisions of the Local Rules are supplemental to the Rules for the Courts of Limited Jurisdiction, as adopted or here after amended by the Supreme Court of the State of Washington, and shall not be construed in conflict with them.
1.4 Reservation of Discretion The Black Diamond Municipal Court reserves the authority to interpret and/or suspend or modify these rules in individual cases on motion of a party for good cause or on a motion of the Court in the interest of justice and/or the efficient operation of the Court.
1.5 Next Judicial Day The requirement of RCW 46.61.50571 that defendants arrested for driving while under the influence, driving under age twenty-one after consuming alcohol, or being in physical control of a vehicle while under the influence appear in court within one judicial day is waived. All such defendants shall be required to appear at the first date following arrest when Court is in regular session. Such date may be determined by calling the Black Diamond Municipal Court offices during business hours.
2.1 Quashing Warrants The defendant or defendant's attorney may schedule a hearing to quash a warrant, either in person or by telephone, but the warrant will not be stayed or quashed, and the defendant will still be subject to arrest on the warrant until the defendant has appeared in open court and the Judge quashed the warrant. A hearing to consider the request to quash a warrant will be scheduled not later than the next regularly scheduled Judicial Day following the request. No warrant will be quashed until the defendant has paid an administrative fee of $100.00 to the Court.
2.2 Witnesses The party requesting the court to subpoena any witnesses whose testimony relies on expertise or on information obtained through their employment as to any speed measuring device shall be responsible for any cost, including reasonable fees normally charged by such a witness for this service and shall be responsible for all cost related to the witnesses' appearance in court, whether the witness testifies or not, as a cost assessed.
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