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Enumclaw Municipal Court
Table of Rules
Introduction/Adoption
Courtroom Practice and Professionalism
GENERAL RULES
1 Application
2 Court Business Hours/Judicial Days
3 Pleadings
4 Jury Instructions
5 Facsimile Transmission
ADMINISTRATIVE RULES
1 Commissioners
2 Scope of Rules
CRIMINAL RULES
3.1 Release of Accused
3.2 Pleas
3.3 Pretrial Hearings
3.4 Trial by Jury
INFRACTION RULES
1 Procedures at Contested Hearing
2 Decision on Written Statement
Introduction/Adoption
These Local Rules have been adopted under the provisions of General Rule 7, (GR 7),
promulgated by the Washington State Supreme Court. The numbering used in these Local Rules
conforms to the numbering system and format of the Administrative Rules for Courts of
Limited Jurisdiction (ARLJ), Criminal Rules for Courts of Limited Jurisdiction (CrRLJ),
and Infraction Rules for Courts of Limited Jurisdiction (IRLJ), which are in effect as of
the adoption of these Local Rules.
Courtroom Practice and Professionalism
As a proud member of the legal profession, the Court endorses the
following principles of civil-professional-conduct:
1. In dealing with attorneys, parties, witnesses, members of the bench, and
court staff; all parties shall be civil, courteous, and guided by the fundamental
tenets of integrity and fairness.
2. Your word is your bond in dealing with the Court, fellow counsel, and others.
3. Endeavor to resolve differences through cooperation and negotiation,
giving due consideration to alternative dispute resolution.
4. Honor appointments, commitments, and case schedules. Be timely in all communications.
5. Design the timing, manner of service, and scheduling of hearings only for
proper purposes. The objective should never be to oppress or inconvenience the opponent.
6. Conduct yourself professionally during negotiations, depositions, and
any other interaction with opposing counsel or a witness as if you were in the
presence of a judge.
7. Be forthright and honest in dealing with the Court, opposing counsel, and others.
8. Be respectful of the Court, the legal profession, and the litigation
process in attire and demeanor.
9. As an officer of the Court, as an advocate, and as an attorney; uphold
the honor and dignity of the Court and of the legal profession. Strive always
to instill and encourage a respectful attitude toward the Court, the litigation
process, and the legal profession.
[Adopted effective September 1, 2012]
EMCLGR 1
APPLICATION
These Rules apply only to the Enumclaw Municipal Court.
[Adopted effective September 1, 2012]
EMCLGR 2
COURT BUSINESS HOURS/JUDICIAL DAYS
The Enumclaw Municipal Court shall be open to the public for business
Monday through Friday from 9:00 a.m. to 5:00 p.m. excluding holidays scheduled
by the Washington State Supreme Court and closures ordered by the Presiding
Judge when necessitated by union contract, inclement weather, or the oversight
of the Court.
Judicial days shall be defined as Tuesday each week. Jury Trials shall be
held the third Friday of each month. The Presiding Judge has the discretion to
use Monday of any week as a "judicial day" when necessary in the oversight of
the Court.
[Adopted effective September 1, 2012
EMCLGR 3
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.
(d) Pleadings or any other document requesting action by the Court or its
clerk, (other than confirming receipt and placing in the court file) shall be
considered action documents. Action documents shall include a separate caption
directly below the cause number on the first page, in the following form:
CLERK'S ACTION REQUIRED:
(Specify the action(s) requested)
Except to take the action(s) specifically captioned, the court clerk will not
otherwise inspect any pleading or document for any request for action.
[Adopted effective September 1, 2012]
EMCLGR 4
JURY INSTRUCTIONS
Where a jury is to be instructed in writing, proposed "non-WPIC"
instructions shall be submitted on plain paper with no identifying mark.
The original, without citations of authority and one copy with citations of
authority shall be submitted to the Court at the Readiness Hearing.
[Adopted effective September 1, 2012]
EMCLGR 5
FAX TRANSMISSIONS
(A) (1) Except as set forth in subsection (a)(5) of GR 17, the clerks of
the Court may accept for filing documents sent directly to the clerk or to
another by electronic facsimile (fax) transmission. The original shall replace
a fax copy within five (5) working days. Documents to be transmitted by fax
shall bear the notation: "SENT ON (date) VIA FAX FOR FILING IN ENUMCLAW
MUNICIPAL COURT".
[Adopted effective September 1, 2012]
EMCAR 1
COMMISSIONERS
(A) The Court may employ judicial officers as commissioners, who shall
serve at the pleasure of the Presiding Judge.
(B) Each must be appointed in accordance with RCW 35.20.205 and the
Enumclaw Municipal Code as judge pro tempore.
(C) Commissioners may hear infraction cases as provided by the infraction
rules for courts of limited jurisdiction and RCW 46.63, or any amendatory law
thereof. Commissioners may also perform such other duties as may be assigned
by the Presiding Judge.
[Adopted effective September 1, 2012]
EMCAR 2
SCOPE OF RULES
(A) Operating and administrative policies and procedures of the Enumclaw
Municipal court shall be in accordance with these Local Rules adopted pursuant
to GR 7, CrRLJ 1.7, and IRLJ 1.3.
(B) In the absence of a rule governing a particular policy or procedure, the
Presiding Judge shall resolve the issue pending the establishment of a local rule.
[Adopted effective September 1, 2012]
EMCCrR 3.1
RELEASE OF ACCUSED
(A) Delay of Release. (1) Bail shall not be set for a person arrested and
booked into jail for violation of RCW 46.61.502, 503, 504, or RCW 46.25.110
unless set by a judge telephonically at the time of arrest or at a preliminary
appearance, arraignment, or subsequent court appearance. A person arrested and
released for a violation of RCW 46.61.502, 503, 504, or RCW 46.25.110 shall be
required to appear before a judge pursuant to RCW 46.61.5051 the next judicial
day following the arrest. Appearances are mandatory and may not be waived by
the appearance of an attorney. . . (2) Bail shall not be set for a person
arrested and booked into jail for a domestic violence offense unless set by a
judge telephonically at the time of arrest or at a preliminary appearance,
arraignment, or subsequent court appearance. In matters where a person is
arrested and released for a domestic violence offense prior to appearing before
a judge for arraignment, bail hearing, or any other hearing where conditions of
release may be set; there shall be a No Contact Order imposed as a condition of
release from custody prohibiting the arrested person from having any contact
with the alleged victim involved in the incident and from having any contact
with the alleged victim's residence, place of employment, or any other place
where the alleged victim may be found or believed to be. Said No Contact Order
shall remain effective until the next judicial day when the arrested, cited,
and released person shall be required to appear before a judge OR fourteen (14)
days if the arrested person is released, but not cited. Appearances are
mandatory and may not be waived by the appearance of an attorney. "Domestic
Violence" includes, but is not limited to, any misdemeanor or gross misdemeanor
offenses listed in RCW 10.99.020(3) or similar municipal ordinance when
committed by one family or household member against another. "Family or
household members" are those persons listed in RCW 10.99.020(1) or similar
municipal ordinance. . . (3) Bail as set forth in this Rule or any similar
rule or order shall be available to those accused that have provided sufficient
information to establish a positive and verifiable identity and home address.
Absent such information, no bail may be accepted until established by the Court.
(B) Bail. When required to reasonably assure appearance in court, the
Court shall follow the bail schedule set forth in the Enumclaw Municipal Court
Uniform Bail Schedule, as may be amended, modified, and filed periodically by
the Court for use by the Enumclaw Police Department.
[Adopted effective September 1, 2012]
EMCCrR 3.2
PLEAS
Deferred Prosecution. A written petition shall be filed at the time the
defendant moves the Court to grant a deferred prosecution under RCW 10.05 and
an order approving the deferred prosecution. A copy of the documents required
by this rule will be made available upon request. Said documents may be
submitted in the original form provided by the Court or may be reprinted and
submitted in substantially the same form. All substantive revisions to these
forms must be made known to the Court at the hearing when presented.
[Adopted effective September 1, 2012]
EMCCrR 3.3
PRETRIAL HEARINGS
(A) Pretrial. When a plea of "not guilty" is entered, the Court shall
schedule a pretrial hearing. The prosecuting authority, the defendant, and the
defendant's attorney (if any) shall attend the pretrial hearing. Failure of the
defendant to appear may result in the issuance of a bench warrant.
(B) Readiness Hearing. A readiness hearing shall be set prior to the
trial date. All parties mentioned above shall appear unless waived in the
pretrial order. Failure of the defendant to appear when required shall cause
the trial date to be stricken and the issuance of a bench warrant.
(C) Telephonic Communications. Pretrial hearings may be conducted by
telephonic conference call at the request of either party once approved by the Court.
[Adopted effective September 1, 2012]
EMCCrR 3.4
TRIAL BY JURY
(A) Any case confirmed for jury trial at the readiness hearing shall
remain set for a jury trial. On the last regular court day preceding the trial
date, the prosecuting authority and defense attorney or defendant, if appearing
pro se, shall confirm the jury trial telephonically to the clerk of the court
before 3 p.m., or advise that some other disposition has been reached. Failure
to confirm the jury trial as required shall be deemed a waiver of the right to
a jury trial, cause the jury to be stricken, and the matter set before the
bench. If the failure to confirm the jury trial is on behalf of the defendant
and the defendant requests that the case be reset before a jury, then the
defendant is deemed to have extended the time for trial to the date next
scheduled for jury trial.
(B) Any case confirmed as a jury trial and not proceeding to a jury
trial, whether by entry of a plea or otherwise, shall be subject to terms,
including costs for the unused jury, witness fees, and other terms deemed
appropriate by the Court.
[Adopted effective September 1, 2012]
EMCIR 1
PROCEDURE AT CONTESTED HEARING
At a contested hearing, the City may elect to be present at the hearing or
the City may waive its presence. The respondent may be represented by an attorney.
No attorney shall appear for a respondent without first filing a Notice of
Appearance no less than two (2) days prior to any scheduled hearing. Upon the
filing of a Notice of Appearance, the Court shall schedule the contested
hearing on a date available to both parties.
[Adopted effective September 1, 2012]
EMCIR 2
DECISION ON WRITTEN STATEMENT
(A) Generally. The Court shall examine the citing officer's report and
any statement submitted by the respondent. The examination shall take place
within 120 days after the respondent has filed a response to the notice of
infraction. The examination may be held in chambers and shall not be governed
by the Rules of Evidence.
(B) Factual Determination. The Court shall determine whether the
plaintiff has proved by a preponderance of all evidence submitted that the
respondent has committed the infraction if contested.
(C) Disposition. If the Court determines that the infraction has been
committed, it may assess a penalty in accordance with IRLJ 3.3. If the Court
defers a finding for a specified period of time on certain conditions, it may
assess an administrative fee to process the infraction notice.
(D) Notice to Parties. The Court shall notify the parties in writing
whether the infraction was found to be committed, deferred, or dismissed and
what penalty or administrative fee, if any, was imposed.
(E) The court administrator and/or court clerks shall have the authority
to resolve "Failure to Provide Proof of Insurance" infractions at the court
office window as follows: a) If respondent had insurance in force on the day
the citation was issued, and the respondent provides such proof to the court
staff member, the court staff member shall copy the proof of insurance
verification which shall be attached to the infraction, and the case will be
dismissed upon payment of a $25.00 fee to cover administrative costs. (b) If
respondent did not have insurance of the date of the citation, but has now
obtained insurance, the citation will be entered as "committed" but the court
staff member shall reduce the fine from $550.00 to $250.00. The court staff
member shall copy the proof of insurance verification, shall enter the
appropriate decision on each ticket, enter the monetary amount due by
respondent, and sign and date the ticket.
(F) No Appeal Permitted. There shall be no appeal from a decision made
upon written statements.
[Adopted effective September 1, 2012]
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