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EDMONDS MUNICIPAL COURT
SNOHOMISH COUNTY, STATE OF WASHINGTON
TABLE OF RULES
Local Criminal Rules (EDM-CrRLJ)
EDM-CrRLJ 3.2(b) Local Bail Schedule
EDM-CrRLJ 3.2(o) Domestic Violence Cases Held Without Bail - Rescinded
EDM-CrRLJ 3.4(d) Video Conference Proceedings
EDM-CrRLJ 4.1(a) Mandatory Appearance at Arraignment
EDM-CrRLJ 4.1(c) Waiver of Arraignment
EDM-CrRLJ 4.5(a) Readiness Hearing
EDM-CrRLJ 4.5(b) Jury Confirmation
Local Infraction Rules (EDM-IRLJ)
EDM-IRLJ 2.6(a) Scheduling of Hearings
EDM-IRLJ 3.1(a) Service & Filing Subpoenas
EDM-IRLJ 3.1(b) Discovery
EDM-IRLJ 3.1(f) Contested Hearings Preliminary Motions
EDM-IRLJ 3.3(b) Representation by a Lawyer
EDM-IRLJ 3.5 Decision on Written Statements
EDMCrRLJ 3.2(b)(7)
Local Bail Schedule
Edmonds Municipal Court adopts the uniform bail schedule as set forth in
CrRLJ 3.2(o) with the following exceptions:
(1) Any case designated as a domestic violence offense as defined in RCW
10.99. In these cases bail shall be set at $100,000 subject to judicial review
under CrRLJ 3.2.1.
(2) Any driving under the influence or physical control cases cited under
RCW 46.61.502 or .504. In these cases bail shall be set at $2500 subject to
judicial review under CrRLJ 3.2.1.
[Adopted Effective September 1, 2010]
EDMCrRLJ 3.2(o)(2)
Domestic Violence Cases Held Without Bail
[Rescinded September 1, 2010]
EDM-CrRLJ 3.4(d)
VIDEO CONFERENCE PROCEEDINGS
(1) Authorization. Preliminary appearances held pursuant to CrRLJ 3.2.1(d),
arraignments held pursuant to CrRLJ 3.4 and 4.1, bail hearings held pursuant to
CrRLJ 3.2, and trial settings held pursuant to CrRLJ 3.3(f), may be conducted
by video conference in which all participants can simultaneously see, hear and
speak with each other. Such proceedings shall be deemed held in open court and
in the defendant's presence for the purpose 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 judge, judge pro tem or court
commissioner. Any party may request an in-person hearing which may be granted
at the discretion of the judge, judge pro tem or court commissioner.
(2) Agreement. Other trial court proceedings, including entry of a Statement
of Defendant on Plea of Guilty as provided for by CrRLJ 4.2, 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, judge pro tem or court
commissioner.
(3) Standards. The standards for video conference proceedings shall be as
specified in CrRLJ 3.4(d)(3).
[Effective September 1, 2008]
EDM-CrRLJ 4.1(a)
MANDATORY APPEARANCE AT ARRAIGNMENT
A defendant charged with a domestic violence offense (as defined in RCW 10.99),
driving under the influence (RCW 46.61.502), physical control (RCW 46.61.504)
or minor driving after consuming alcohol (RCW 46.61.503) must appear personally
for arraignment on the next arraignment calendar following arrest.
[Effective September 1, 2008]
EDM-CrRLJ 4.1(c)
WAIVER OF ARRAIGNMENT
An attorney may enter an appearance and/or plea of not guilty on behalf of a
client in any criminal or criminal traffic offense. Said appearance or plea
shall be made in writing or in open court. In all cases not listed in
EDM-CrRLJ 4.1(a) an attorney may waive arraignment. A written appearance and
waiver of arraignment shall commence the running of the time periods
established in CrRLJ 3.3 from the date of receipt by the Court. A written
appearance and waiver of arraignment without a plea shall be considered a plea
of not guilty and waives any defect in the complaint other than failure to
state a crime. The Court does not accept telephonic notices or requests.
[Effective September 1, 2008]
EDM-CrRLJ 4.5(a)
READINESS HEARING
Within ten (10) days prior to an assigned jury trial date there shall be held a
readiness hearing. All parties must be present and the following matters will
be concluded: plea bargaining, exchange of witness lists, exchange of
discovery, and motions on any newly discovered evidence creating legal issues.
Following conclusion of the readiness hearing the court will set conditions for
the confirmation of the jury trial pursuant to EDM-CrRLJ 4.5(b). Conditions
may include the defendant calling and/or meeting with their attorney prior to
the scheduled trial date. Failure to comply with the conditions may result in
the jury trial being stricken and sanctions imposed pursuant to EDM-CrRLJ 4.5(b).
[Effective September 1, 2008]
EDM-CrRLJ 4.5(b)
JURY CONFIRMATION
(i) Confirmation Required. No later than two (2) days prior to the date of
the assigned jury trial, the defendant, if appearing pro se, or the defendant's
attorney, if represented by legal counsel, and the City Prosecutor shall
contact the Court Clerk between 9:00 AM and 4:00 PM and confirm that the case
will proceed to jury trial.
(ii) Failure to Confirm. Failure of a party to confirm the jury trial or to
advise the Court Clerk that another disposition has been reached may cause the
case to be stricken from the jury trial calendar. Failure of the defendant, if
appearing pro se, or the defendant's attorney, if represented by legal counsel,
to confirm the jury trial or to advise the Court Clerk that another disposition
has been reached shall constitute an excluded period of the defendant's speedy
trial right pursuant to CrRLJ 3.3(e)(3). Likewise, failure to comply with any
conditions set at the readiness hearing pursuant to EDM-CrRLJ 4.5(a) may result
in the jury trial being stricken and the finding of an excluded period pursuant
to CrRLJ 3.3(e)(3).
(iii) Failure to Appear. Failure of the defendant to appear on the jury trial
date may result in the issuance of a bench warrant and the forfeiture of any
posted bail unless a disposition has been confirmed by all parties. Any
disposition will be heard on the next regularly scheduled court day unless an
alternative date is set by the parties and is approved by the judge, judge pro
tem or court commissioner.
(iv) Sanctions. Failure to comply with this rule or EDM-CrRLJ 4.5(a) may
result in the imposition of sanctions. If a failure of a party to comply with
this rule results in a jury pool actually appearing at the court unnecessarily,
sanctions of not less than $250 plus jury costs will be assessed against the
offending party.
[Effective September 1, 2008]
EDM-IRLJ 2.6(a)
SCHEDULING OF HEARINGS
(1) Contested hearings will be scheduled upon the respondent's request
within the time limits provided by IRLJ 2.6(a). If, at the same time the
respondent requests a contested hearing, the respondent also requests that
an electronic speed measuring device (SMD) expert be present at the
contested hearing, the court will set such hearing on the third Wednesday
of a calendar month. If such a request is made subsequent to the
scheduling of the hearing on a day other than the third Wednesday of a
calendar month, the court will continue the hearing from the date first
set to a hearing on the third Wednesday in a calendar month and the period
between the date of the hearing originally set and the new hearing will be
excluded from the computation of the time-for-hearing requirements of IRLJ
2.6(a). If the third Wednesday of a calendar month falls on a non-
judicial day, the court may direct that such hearings be set on another
day in the same calendar month.
(2) There shall be no pre-hearing conferences unless properly noted and
approved by the Court.
(3) If the respondent is also charged with a criminal offense arising out
of the same incident as that which gives rise to an alleged civil
infraction, the hearing on the infraction may be scheduled at the same
time as any hearing set for the criminal matter.
[Effective September 1, 2008]
EDM-IRLJ 3.1(a)
SERVICE & FILING SUBPOENAS
The respondent, the plaintiff and respondent's attorney will subpoena witnesses
in accordance with IRLJ 3.1(a). Service of subpoenas will be in accordance with
IRLJ 3.1(a). Edmonds Municipal Court will not serve a subpoena on an officer
or witness for the respondent, plaintiff or respondent's attorney. Each party
must serve their own subpoenas.
[Effective September 1, 2008]
EDM-IRLJ 3.1(b)
DISCOVERY
(1) In any case where the City intends to call or to rely upon the sworn
statement of a local law enforcement officer, the duty to provide a list of
witnesses to the respondent may be met by providing a copy of the citing
officer's sworn statement on which the officer is identified.
(2) No motion to dismiss or to suppress evidence will be granted for failure to
provide discovery not required by IRLJ 3.1(b) unless the moving party has
previously obtained an order from the Court compelling production of the
additional discovery.
[Effective September 1, 2008]
EDM-IRLJ 3.1(f)
CONTESTED HEARINGS PRELIMINARY MOTIONS
Motions challenging the authority of the Court, the constitutionality of the
Court, the constitutionality of any statute, ordinance or court rule pertaining
to an infraction, the authority of the prosecuting attorney prosecuting an
infraction, and/or the authority of the law enforcement agency or officer
filing an infraction must be made in writing. Such motions, together with
citations to authority and argument, must be filed with the Court and served
upon the opposing party no later than fourteen days prior to a contested
infraction hearing. Such motions may be decided by the Court with or without
oral argument, as the Court may determine.
[Effective September 1, 2008]
EDM-IRLJ 3.3(b)
REPRESENTATION BY LAWYER
Attorneys appearing on behalf of clients shall file a Notice of Appearance with
the Court and Prosecutor no later than seven (7) days prior to the hearing.
Failure to provide such notice shall be grounds for a continuance to the next
available calendar when the Prosecutor will be present, even if the date is
beyond speedy trial requirements.
[Effective September 1, 2008]
EDM-IRLJ 3.5
DECISION ON WRITTEN STATEMENTS
At the request of the respondent, the Court will conduct a mitigation hearing
authorized by RCW 46.63.100 or consider a petition to defer a finding under RCW
46.63.070(5), or conduct a contested hearing authorized by RCW 46.63.090, upon
the written statements of the City's witness(es) and the respondent, pursuant
to IRLJ 3.5. A petition for a deferred finding which is denied by the Court
will be treated as a request for a mitigation hearing on written statements.
[Effective September 1, 2008]
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