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ELMA MUNICIPAL COURT
LOCAL COURT RULES
Table of Rules
Rule 1 Adoption
Rule 2 Reservation of Discretion
Rule 3 Court Sessions
Rule 4 Bail Schedule
Rule 5 Arraignment Date and Detention
Rule 6 Combining Documents
Rule 7 Discovery
Rule 8 Pre-Trial Hearings
Rule 9 Continuances
Rule 10 Jury Instructions
Rule 11 Pleas in Criminal Cases - Jury Trial Set
Rule 12 Telephonic Communication
Rule 13 Return of Exhibits
Rule 14 Payment of Fines and Penalties
Rule 1
(Effective September 1, 1999)
ADOPTION
These rules are adopted pursuant to CrRLJ 1.7.
Rule 2
(Effective September 1, 1999, CrRLJ 1.2)
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.
Rule 3
(Effective September 1, 1999, CrRLJ 1.6)
COURT SESSIONS
Regular Court sessions shall be on the second and
fourth Friday of each month commencing at 12:30 p.m. in the
Elma City Hall and at such other times and places as the
Court may deem necessary for its proper administration.
Rule 4
(Effective September 1, 1999, CrRLJ 3.2(m))
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.
Rule 5
(Effective September 1, 1999, CrRLJ 3.2.1)
ARRAIGNMENT DATE AND DETENTION
A. The arresting officer shall set the defendant's
arraignment date and time when issuing a citation in all
cases charging a criminal offense. The date set shall be the
next Friday Court date at 12:30 p.m. until the Sunday five
days prior to such Court session. Thereafter, the
arraignment is to be set for the Court date following. All
citations shall be filed upon issuance.
B. In the event that any person is arrested on probable
cause (i.e. citation as opposed to warrant) and placed in
the Grays Harbor County jail, then the County jail is hereby
authorized to release said person from its facility no later
than 48 hours after that persons detention at the Grays
Harbor County jail, unless a judge has held a probable cause
hearing.
The police department shall file a photocopy of
the police reports or a Certificate of Probable Cause with
the Grays Harbor County jail staff for the judge's review as
to probable cause upon booking of any defendant into the
Grays Harbor County jail.
Rule 6
(Effective September 1, 1999, CrRLJ 4.1(b);(d))
COMBINING DOCUMENTS
A Notice of Appearance and Plea of Not Guilty may be in
one document. A Waiver of a, jury trial or speedy trial may
be separate and signed by the defendant or the defendant's
attorney if the attorney certifies that the Waiver has been
expressly approved by the defendant. A Demand for the
appearance of a breathalyzer/verifier maintenance operator
shall be by a separate document. Discovery demands shall be
by a separate document.
Rule 7
(Effective September 1, 1999, CrRLJ 4.7)
DISCOVERY
"Blanket" discovery forms may be used in addition to
specific request, in which case 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 to be
applicable to the particular case. Demands not applicable
shall not be checked. Sanctions may be imposed for violation
of this rule including, but not limited to, the quashing of
the entire demand. Failure to provide discovery materials,
including bills of particulars, shall be deemed waived
unless the Court is notified in writing not less than two
weeks prior to trial.
Rule 8
(Effective September 1, 1999, CrRLJ 3.3 and 3.4)
PRE-TRIAL HEARINGS
A. Hearings:
All cases scheduled for a jury trial shall be set for a
pre-trial hearing not less than two weeks prior to the
trial. The City Attorney, the defendant and the defense
attorney, if any, shall attend the hearing. If a defendant
not represented by counsel fails to appear for the hearing,
a warrant for his or her arrest shall issue, and the jury
trial setting stricken, If a defendant represented by
counsel fails to appear, a warrant for the defendant's
arrest may issue, and the jury trial setting may be
stricken. In any case where a defendant fails to appear for
the hearing, the period of time from that hearing to the
defendant's next personal appearance in Court shall not be
included in any speedy trial time limitation requirements.
B. Motions:
All amendments to the charges, pleas or other
motions shall be heard at the pre-trial hearing. The Court
in its notification of trial date shall set the date upon
which all motions shall be scheduled, generally the
pre-trial hearing immediately prior to the scheduled trial
date. Motions may not be considered at the time of trial
unless they have been raised at the pre-trial hearing, or
the Court, on its own motion, continues a matter to the time
of trial. The party requiring the attendance of a witness at
the pre-trial hearing shall be responsible for subpoenas of
such witness except that the City Attorney shall subpoena
necessary witnesses for a CrRLJ 3.5 hearing if the defendant
or his attorney has requested in writing such attendance.
Rule 9
(Effective September 1, 1999, CrRLJ 3.3(h))
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.
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
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 may be heard at
the pre-trial hearing or the date set by the clerk in the
trial notification letter for motions. A continuance will be
granted only upon a showing of good cause.
D. Good Cause:
The following shall be deemed to be good cause:
1. Illness;
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:
A Waiver of the speedy trial rule shall be required as
a condition for granting a continuance.
G. Infraction Hearings:
One telephone request for a continuance may be granted
by the Court Clerk. Thereafter, the request must be in
writing and approved by the Court.
Rule 10
(Effective September 1, 1999, CrRLJ 6.15)
JURY INSTRUCTIONS
A. When Submitted:
Jury instructions are required to be filed with the
Court and provided to the opposing party by the date set
forth in the trial notification letter issued by the Clerk
of the Court, said date generally being the second Friday in
the month prior to the scheduled trial date.
B. How Submitted:
Three sets of instructions shall be submitted on plain
8 1/2 by 11 inch paper. 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. The court has no pattern jury instructions.
Rule 11
(Effective September 1, 1999, CrRLJ 4.2)
PLEAS IN CRIMINAL CASES - JURY TRIAL SET
The Court shall be notified of a plea agreement not
less than ten days prior to a jury trial. Failure to comply
with this Rule will result in imposition of jury costs, in
addition to any other sentence imposed. If a case is
resolved by a plea agreement or dismissed between the time a
jury is called (ten days prior to trial) and 24 hours prior
to trial, the Court shall assess costs of at least $40.00
against the defendant, or counsel, as part of the plea
agreement, or against the City or its counsel in the event
of a dismissal. For cases that are resolved by plea
agreement or dismissal, within 24 hours of trial, the Court
shall assess costs in the amount of at least $120.00,
against defendant or counsel as part of any plea agreement,
or against the City or its counsel in the event of a
dismissal.
Rule 12
(Effective September 1, 1999)
TELEPHONIC COMMUNICATION
All proceedings except infraction hearings and criminal
changes of pleas or trials may be heard by telephone
conference call at the request of either party at the Courts
discretion.
Rule 13
(Effective September 1, 1999)
RETURN OF EXHIBITS
Every exhibit shall be returned to the party who
produced it in a case that was not appealed upon written
application not earlier than twenty-one (21) days after the
trial. Exhibits not so withdrawn shall be destroyed after
thirty (30) days or, if contraband, delivered to the police
for destruction.
Rule 14
(Effective September 1, 1999)
PAYMENT OF FINES AND PENALTIES
A. Infractions:
Infraction penalties imposed shall be paid at the
conclusion of any requested hearing.
B. Attorney and Jury Fees - Reimbursement:
In the event of a conviction, the Court may require
partial or full reimbursement to the City for the cost of
Court appointed counsel and/or jury fees from those
defendants the Court finds able to pay the same.
C. Jail Costs - Reimbursement:
In the event of a conviction, the Court may require
partial or full reimbursement to the City for the cost of
jail time, as set by the Grays Harbor County Sheriff's
Department, from those defendants the Court finds are able
to pay the same.
D. Conditions of Time Payment:
All criminal legal financial obligations shall be paid
at the rate of $50.00 per month or the total amount due
divided by the number of probation months, not to exceed
twelve months, whichever amount is greater, unless a
different payment schedule is expressly approved by the
Court.
E. Credit for Jail Time:
The Court may give credit to a defendant of $25.00 per
day for sitting out a fine. However, said credit shall not
relieve the defendant of any requirement of reimbursement
for jail costs.
F. Community Service:
The Court may impose community service in lieu of
monetary payments in appropriate cases.
G. Petition to Modify:
The defendant may petition the Court to modify monetary
payments at any time due to his or her changed financial
condition.
H. Revocation of Probation or Imposition of Suspended Jail
Time and/or Fines:
Probation shall be revoked and previously suspended
jail time and/or fines may be imposed for willful failure to
pay fines.
DATED: _______________________
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JUDGE
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