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Des Moines Municipal Court
Table of Rules
Local Criminal Rules
DMMCLR 1.0 Adoption of Local Rules
DMMCLR 2.0 Title of Rules
DMMCLR 3.0 Filing of Papers and Form of Pleadings
DMMCLR 4.0 Video Conference Proceedings
DMMCLR 5.0 Decision on Written Statements
DMMCLR 6.0 Presiding Judge
DMMCLR 7.0 Magistrates
DMMCLR 8.0 Requirement for Payment on Courtesy Warrant Calendar
DMMCLR 9.0 Time - Enlargement
DMMCLR 10.0 Evidence – Courts Custody of Exhibits
DMMCLR 11.0 Use of a Collection Agency and Assessment as Court Cost
of amounts Paid for Collection Services
DMMCLR 12.0 Bail Schedule
Local Infraction Rules
DMMCLIR 1.0 Speed Measuring Device: Design and Construction Certification
DMMCLIR 2.0 Requirements for Payment following Infraction Hearings
DMMCLIR 3.0 Infraction – Prehearing Conference
DMMCLR 1.0
ADOPTION OF LOCAL RULES
These rules are adopted pursuant to CrRLJ 1.7.
(Adopted effective July 1, l998)
DMMCLR 2.0
TITLE OF RULES
These rules may be known and cited as the Des Moines
Municipal Court Local Rules and shall be referred to as DMMCLR.
(Adopted effective July 1, 1998)
DMMCLR 3.0
FILING OF PAPERS AND FORM OF PLEADINGS
(a) Action Documents. Pleadings or other papers
requiring action on the part of the court or court clerk
(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". The action to be taken must be stated next to or
directly beneath the special caption. The clerk will not
search through letters, notices of appearance, requests for
discovery, or other materials to locate possible requests
for action items.
(b) Format. All pleadings and other papers shall
include the following, unless otherwise authorized by the court:
(1) 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 acknowledgement of, service.
(2) Numbered Paper. All pleadings, motions,
affidavits, briefs, and other supporting documents
prepared by 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 placed in the court file by the Clerk of the
Municipal Court in the order received.
(d) Form of Pleadings. Pleadings in compliance with
this rule shall be in substantially the following form:
SPACE FOR SERVICE / SPACE FOR COURT FILING
PROOF / STAMP
/
IN THE MUNICIPAL COURT FOR THE CITY OF DES MOINES,
KING COUNTY, STATE OF WASHINGTON
City of Des Moines, )
) CAUSE NO. XXXXXXXX
Plaintiff, )
) CLERK'S ACTION REQUIRED
) (note action required here or
) in first paragraph)
)
vs. )
) MOTION TO SET REVIEW
________________, )
Defendant. )
CLERK'S ACTION REQUIRED: (note action required here or in caption).
(Adopted effective September 1, 2004)
DMMCLR 4.0
VIDEO CONFERENCE PROCEEDINGS
(a) Criminal. Preliminary appearances as defined by CrR
3.2(b) and CrRLJ 3.2.1(d), arraignments as defined by CrR
3.4 and 4.1 and CrRLJ 3.4 and 4.1, bail hearings as defined
by CrR 3.2 and CrRLJ 3.2, and trial settings, as defined by
CrR 3.3 and CrRLJ 3.3(f), conducted via video conference in
which all participants can simultaneously see, hear, and
speak as authorized by the Court, shall be deemed held in
open court and in the defendant's presence for the purposes
of any statute, court rule, or policy. All video conference
hearings conducted pursuant to this rule shall be public,
and the public shall be able to simultaneously see and hear
all participants and speak as permitted by the trial court
Judge. Any party may request an in-person hearing which may,
in the Judge's discretion be granted.
(b) Agreement. Other trial court proceedings may be
conducted by video conference only by agreement of the
parties either in writing or on the record and upon the
approval of the Judge.
(c) Standards for Video Conference Proceedings. The Judge,
counsel, all parties, and the public attending the hearing
must be able to see, hear, and speak as authorized by the
Court during proceedings. Video conference facilities must
provide for confidential communications between attorney and
client and security sufficient to protect the safety of all
participants and observers. In interpreted proceedings, the
interpreter should be located next to the defendant, and the
proceeding must be conducted to assure that the interpreter
can hear all participants.
(Adopted effective September 1, 2004)
DMMCLR 5.0
DECISION ON WRITTEN STATEMENTS
Mitigation and contested hearings based on sworn
written statements, as provided in IRLJ 2.4(b)(4) and IRLJ
2.6 are authorized. The written statement(s) must be
received by the Court no later than seven (7) calendar days
before the scheduled hearing or it will not be considered.
(Adopted effective September 1, 2004)
DMMCLR
6.0 PRESIDING JUDGE
(a) The Judge duly appointed as Judge of the Des
Moines Municipal Court will be known as the Presiding Judge.
(b) The Presiding Judge shall be responsible for the
efficient administration of the court. The Presiding Judge
shall supervise the preparation and filing of all reports
required by statute or rule and shall perform such other
duties as may be prescribed by statute, ordinance or rule.
(c) The Presiding Judge shall direct the work of the
Court Administrator who will have direct supervision over
all administrative, non-judicial functions and all other
court personnel except that the Presiding Judge shall
directly supervise the Judge Pro-Tempore(s) and magistrate(s).
(Adopted effective September 1, 2004)
DMMCLR 7.0
MAGISTRATES
The Court may employ judicial officers as magistrates,
who shall serve at the pleasure of the Judge. Each must be
appointed in accordance with RCW 35.20.200m, 35.20.205, and
the Des Moines Municipal Code as judge pro tempore.
Magistrates shall hear infraction cases as provided by the
infraction rules for courts of limited jurisdiction and RCW
46.63, or any law amendatory thereof. Magistrates shall
also, perform such other duties as may be assigned to them
by the judge.
(Adopted effective September 1, 2004)
DMMCLR 8.0
REQUIREMENT FOR PAYMENT ON COURTESY WARRANT CALENDAR
A defendant who has been charged with a criminal
violation and has an outstanding warrant in the Des Moines
Municipal Court may requests to attend the courtesy warrant
calendar Court costs shall be collected by the Des Moines
Municipal court when the defendant appears in court and
requests to appear on the courtesy warrant calendar.
(Adopted effective July 1, 1998.)
DMMCLR 9.0
TIME - ENLARGEMENT
Upon the non-appearance of a defendant at the time and
place scheduled by the court and warrant of arrest issued,
the defendant’s bail or bond may be ordered forfeited with
or without further proceedings upon motion of the City
Attorney or upon the court’s own motion. If the necessary
witnesses do not appear at the time scheduled by the court,
the court may dismiss such action unless a good cause for
such non-appearance is shown. No such action shall be taken
until fifteen (15) minutes after the scheduled appearance time.
(Adopted effective July 1, 1998.)
DMMCLR 10.0
EVIDENCE – COURTS CUSTODY OF EXHIBITS
In a criminal case every exhibit in the court’s
custody, which is not contraband and for which ownership is
not in dispute, shall be returned to the party who produced
that exhibit upon motion of that party and expiration of the
appeal period. In the event of finding of guilty, for
purpose of this rule, the appeal period shall begin on the
day of sentencing or deferral of sentencing by the court.
Exhibits not withdrawn shall be delivered by the court to
the Des Moines Police Department for disposition as
abandoned property; or if contraband, for destruction. No
exhibit shall be released by the court without its being
receipted for by the receiving person.
(Adopted effective July 1, 1998.)
DMMCLR 11.0
Use of a Collection Agency and Assessment as Court
Cost of amounts Paid for Collection Services
(a) The court shall use the services of a collection
agency for the purposes of collecting unpaid and
delinquent penalties on infractions, criminal fines, costs,
assessments and forfeitures, on the terms and conditions of
the contract for collection services between the City of Des
Moines and said collection agency, and may be subsequently amended.
(b) The collection agency’s fee or charge, as set
forth in said contract, shall be added by the collection
agency as a court cost to the total judgment of the court
against each defendant whose account is referred by the
court to the collection agency.
(Adopted effective July 1, 1998.)
DMMCLR 12.0
BAIL SCHEDULE
The court adopts the following bail schedule pursuant to CrRLJ 3.2(b)(7) and CrRLJ 3.2(o):
A Defendant who is detained in jail after the initial arrest for a misdemeanor
or gross misdemeanor shall be released upon posting bail in the amount of $500
for a misdemeanor and $1,000 for a gross misdemeanor, except for the following offenses:
1. Domestic Violence Offenses: Defendants shall be held in non-bailable
status pending hearing the next court day following booking for any crime
alleging domestic violence under RCW 10.99.020(5) or applicable local ordinance.
2. Driving Under the Influence/Physical Control: Defendants shall be held in
non-bailable status pending hearing the next court day following booking for
Driving Under The Influence (RCW 46.61.502) or Physical Control of a Motor
Vehicle While Under The Influence (RCW 46.61.504).]
3. Prostitution Related Offenses: Defendants shall be released upon posting
bail in the amount of $1,000 for any prostitution related offense under RCW
9A.88.030, RCW 9A.88.090, or RCW 9A.88.110 or DMMC 9.76.040 DMMC 9.76.050 or
DMMC 9.76.060
4. Other Non-Bailable Offenses Pending First Court Appearance by Defendant:
Defendants shall be held in non-bailable status pending hearing the next court
day following booking for these crimes:
(a) Assault in the fourth degree (RCW 9A.36.041)
(b) Harassment (RCW 9A.46.020)
(c) Violation of an anti-harassment order (RCW 9A.46.040)
(d) Stalking (RCW 9A.46.110)
(e) Communicating with a minor for immoral purposes (RCW 9.68A.090)]
[Amended Effective September 1, 2011]
DMMCLIR 1.0
SPEED MEASURING DEVICE: DESIGN AND CONSTRUCTION
CERTIFICATION
Any person who requests production of an electronic
speed measuring device expert, and who is thereafter found
by the court to have committed by the infraction, shall be
required to pay the fee charged by the expert as a cost
incurred by that party, as provided in RCW 46.63.151.
(Adopted effective July 1, 1998)
DMMCLIR 2.0
Requirements for Payment following Infraction Hearings
(a) If a defendant who has been charged with a traffic or
other infraction filed with the Des Moines Municipal Court
is found to have committed that infraction, the defendant
shall make payment in full of the amount of the penalty at
the time of the hearing in which the defendant was found to
have committed the infraction. The court may reduce a fine
penalty amount only upon a showing of exceptional
circumstances.
(b) Time payments on infractions will be permitted upon
court order , at the time of the hearing on the contested
infraction. The court’s decision to authorize time payments
in infraction cases shall be subject to the conditions set
at the time of the order authorizing time payments.
(c) Failure to make payment on the penalties on the
committed infractions shall be enforceable pursuant to
otherwise applicable court rules, state law or
administrative code regulations.
(Adopted effective September 1, 2004)
DMMCLIR 3.0
INFRACTION - PREHEARING CONFERENCE.
(a) Prehearing Conference Required - Waiver. A person cited
with an infraction who requests a hearing to contest the
infraction shall first appear at a prehearing conference.
The prehearing conference shall be scheduled in accordance
with the provisions of IRL3 2.6(a)(1). The requirement that
the person appear at the prehearing conference may be
waived, in writing, provided the waiver is received by the
court before the time set for the prehearing conference. If
the defendant fails to timely waive or appear at the
prehearing conference, a default judgment shall be entered.
(b) Setting Contested Hearing. If the infractions are not
resolved following the prehearing conference, a contested
hearing shall be scheduled for not more than ninety (90)
days from the date of the prehearing conference. If the
prehearing conference is waived, a contested hearing shall
be scheduled for not more than ninety (90) days from the
date the waiver of the prehearing conference is received by
the court.
(c) Prehearing Motions For Contested Infractions - Written
Notice Required. All motions to exclude evidence or dismiss
an infraction shall be filed no later than the conclusion of
the prehearing conference. If a defendant elects to waive
his or her appearance at the prehearing conference, any
motion must be noted on the waiver form filed with the court
pursuant to DMMCLIR 3.0(a). A motion(s) not timely filed
shall be waived and shall not be considered by the court.
Motions timely noted shall be addressed by the court at the
time of the contested hearing.
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