Everett Municipal Court
Local Court Rules
Table of Rules
Rules of General Application
RULE NO. 1 Table of Rules
RULE NO. 1 Hours
RULE NO. 2 Calendars
RULE NO. 3 Confirmation Hearing Appearance
RULE NO. 4 Continuances
RULE NO. 5 Hearing on Motions
RULE NO. 6 Setting Jury Trials
RULE NO. 7 Voir Dire
RULE NO. 8 Miscellaneous
RULE NO. 9 Conditions of Suspended and Deferred Sentences on Criminal and Traffic Matters
RULE NO. 10 Deferred Prosecution
RULE NO. 11 Rules of Evidence
RULE NO. 12 Infraction Witness Fees
RULE NO. 13 {Untitled}
RULE NO. 14 {Untitled}
RULE NO. 1
HOURS
The Municipal Court of Everett is open to the public as follows:
Monday - Tuesday 8:00 a.m. to 4:30 p.m.
Wednesday 8:00 a.m. to 7:00 p.m. *
Thursday - Friday 8:00 a.m. to 4:30 p.m.
*The Court will remain open past 5:00 p.m. until the last case is completed.
(Adopted effective September 1, 2005)
RULE NO. 2
CALENDARS
In-Custody Arraignments Monday through Friday 11:15 a.m.
Held at Snohomish County Jail
PC Hearings Sunday morning
Held at Snohomish County Jail
Out of Custody Wednesday and Friday 8:30 a.m.
Arraignments
*DUI arraignments to be heard on the
next available arraignment date.
Non-Jury Trials Every other Tuesday 9:00 a.m.
Wednesday 5:00 p.m.
(as set by predetermined schedule
at least once a month)
Jury Trials Every other Monday and Tuesday
and specially set Thursdays 8:30 a.m.
Assignments are held on Mondays
Motions Wednesday 3:00 p.m.
Every other Monday * 9:00 a.m.
*For cases previously heard by the
Presiding Judge, or for those cases
in which judges other than the
Presiding Judge have recused
themselves or have been removed by
affidavit.
DWLS PreTrials Every other Wednesday 9:00 a.m./9:30 a.m.
Jury Confirmation Every other Thursday * 8:30 a.m.
Every other Thursday ** 9:00 a.m. and 1:30 p.m.
*Private Attorneys
** Public Defender cases
Cases are set eighteen days prior to Jury Trial Assignment
Mitigation Hearings Set per predetermined schedule
Contested Hearings Set per predetermined schedule
Show Cause Hearings Set per predetermined schedule at
least once per month for each judge.
Domestic Violence Set predetermined schedule 9:00 a.m.
ReviewCalendar or 10:00 a.m.
DUI Review Calendar Set pre predetermined schedule 9:30 a.m. or 10:00 a.m.
Impound Hearings Set per predetermined schedule
every other week
Holidays When a Court session falls on a
holiday, the Judge may assign an
alternate date for such session.
(Adopted effective September 1, 2012)
RULE NO. 3
CONFIRMATION HEARING APPEARANCE
Appearance of the defendant and defense counsel is mandatory at the
confirmation hearing, except a defendant in custody does not need to appear.
Judge may waive the appearance of defense counsel or defendant on showing good
cause and it must be done prior to hearing.
(Adopted effective September 1, 2012)
RULE NO. 4
CONTINUANCES
Continuances may be granted upon written stipulation. Per Rule CrRLJ 3.3
(f)(1), a written stipulation between the parties for a continuance must be
signed by the defendant. In the absence of a Stipulation, a continuance may be
granted on a showing of good cause; and in the absence of a showing of good
cause, said motions must be in writing and noted for hearing on or before the
last motion calendar prior to the confirmation or trial date. Please see CrRLJ 3.3.
(Adopted effective September 1, 2012)
RULE NO. 5
HEARING ON MOTIONS
All non-trial motions shall be filed, served and noted for hearing at least six
days prior to the date specified for the hearing. Except as specially approved
by the Court, all motions will be noted for hearing on the days and time listed
in Rule No. 2. No pre-trial motions shall be heard or noted for hearing on the
trial date. The defendant must be present at the 3.5 hearings. 3.5 hearings
or 3.6 hearings shall be heard only upon 6 (six) court days notice with a
designation of the officer(s) who may be required to testify, unless the Court
authorizes otherwise.
Motions shall be set forth in writing with a memorandum of points and
authorities and an affidavit setting forth specifically the facts which counsel
expects to elicit at a hearing. Failure to comply with this rule will result
in the Motion being stricken from the calendar. Pre-trial hearings for
admission of non-testimonial motions (Crawford/Davis Hearings) and motions for
admission of evidence under 404B are heard the Wednesday before Jury Trial and
noted on the confirmation calendar unless earlier set with Court approval. The
defendant must be present for this hearing.
(Adopted effective date September 1, 2010)
RULE NO. 6
SETTING JURY TRIALS
A jury trial will be set at the arraignment hearing and confirmed at the
confirmation hearing if all necessary participants are present and indicate
that the case is ready for jury trial. A case is ready for jury trial when
discovery is completed and both parties indicate to the Court that there are no
further pre-trial motions, other than those heard or scheduled. A jury trial
will normally be set eighteen days after the confirmation hearing.
(Effective date September 1, 2011)
RULE NO. 7
VOIR DIRE
The voir dire examination of jurors shall be conducted under the direction and
control of the Court with the following guidelines:
It is expected that voir dire, in most cases, will consume less than thirty minutes.
The Court shall ask all general questions and thereafter shall give leave to
the respective parties to ask such supplementary questions as may be deemed
proper and necessary by the Court. The parties shall submit all proposed
general questions in writing prior to voir dire.
The Court may intervene without objection in instances of inappropriate questioning
and may limit the amount of time each party has to examine a juror or jury panel.
(Effective date September 1, 2012)
RULE NO. 8
MISCELLANEOUS
1. AFFIDAVITS OF PREJUDICE
Upon the timely filing of an affidavit of prejudice, further proceedings shall
be assigned to another judge or to a judge pro-tem of the Court.
2. WITHDRAWAL OF COUNSEL
An attorney appointed for a defendant or hired by a defendant pursuant to CrRLJ
3.1 shall not withdraw as counsel without consent of the Court upon good cause shown.
(Effective date December 8, 2005)
RULE NO. 9
CONDITIONS OF SUSPENDED AND DEFERRED SENTENCES ON CRIMINAL AND TRAFFIC MATTERS
The following general conditions are applicable to all suspended and deferred
sentences and determents of a finding of guilty given in traffic and criminal
cases. For purposes of this rule, "probation" shall refer to any one of the
two categories:
a. General Conditions: During the period of probation or suspension the
defendant shall not be convicted, forfeit bail, be awaiting sentencing or be
under a deferred sentence or finding of guilty, with respect to any offense or
claimed offense occurring after the date on which probation in this Court was
granted. Further, any conduct reflecting moral turpitude or recklessness with
respect to the operation of a motor vehicle will be considered a violation
whether or not any charges are filed or carried to judgment.
b. Specific Conditions: The defendant must comply with the conditions
specifically imposed by the Court and the conditions imposed by the department
to which the defendant may be referred to sentence performance. Defendants
must report directly after Court or release from jail to Probation if ordered.
If the defendant is placed on Supervised Probation he/she must make an
appointment to meet with a Probation Officer and attend that appointment.
c. Release from Probation: The defendant may be notified in writing by the
clerk to appear at a hearing calendar on a certain date and time, at which time
the defendant may be required to sign a written statement under oath and
penalty of perjury with respect to compliance with the condition(s) of
probation or suspension. In such case, the defendant will be required to
appear in open court, may be sworn and be interrogated with respect to compliance.
d. Revocation of Probation: If, during the period of probation or suspension,
information is received tending to show there is good reason to believe that
the terms of probation are being violated, the Court may order the defendant to
appear before the Court for a hearing on the question on whether or not the
defendant is strictly complying with the terms of probation. The defendant may
be represented by counsel and offer evidence at such hearing. If the Court
finds that the defendant has not strictly complied with the terms and
conditions of probation or suspension, the Court will take action which may
result in a harsher penalty.
e. Further Information: The defendant should contact the probation office as
often as may be necessary to understand the conditions of the deferral,
suspension or probation, particularly the conditions that are specific to the
defendant's case. The defendant must at all times advise the Court of his/her
current address and stay current with all fines and costs owing.
(Adopted Effective September 1, 2010)
RULE NO. 10
DEFERRED PROSECUTION
In addition to the statutory conditions and requirements of deferred
prosecution, each defendant shall pay the monitoring assessment to the
Municipal Court in the amount of $250.00 plus the BAC fee and any other costs
related to the case. All defendants placed on a deferred prosecution will also
be placed on five-year probation: Supervised Probation for two years and
Monitored Probation for three years. They will be required to pay the fees for
Probation. Restitution is required as a condition of a deferred prosecution if
applicable. Deferred Prosecution defendants will have ignition interlock
installed on all personal vehicles, which they drive, during their period of
Supervised Probation. An Order will not enter without the written signed
contract for treatment being presented to the Court.
(Adopted effective September 1, 2010)
RULE NO. 11
RULES OF EVIDENCE
The Rules of Evidence are applicable to Criminal prosecutions.
(Adopted effective September 1, 1996)
RULE NO. 12
INFRACTION WITNESS FEES
Each party is responsible for costs incurred by that party as set forth in
RCW 46.63.151. The party requesting the witness shall pay the witness fees and
mileage expenses due that witness. Any person who requests production of an
electronic speed measuring device expert, and who is thereafter found by the
court to have committed the infraction, may be required to pay the fee charged
by the expert as a cost incurred by the party.
(Adopted effective September 1, 2008)
RULE NO. 13
(1) The clerks of the court may accept for filing documents sent directly to
the clerk by electronic facsimile (fax) transmission. A fax copy shall
constitute an original for all court purposes. The attorney or party sending
the document via fax to the clerk shall retain the original signed document
until 60 days after completion of the case. Documents to be transmitted by fax
shall bear the notation: "SENT on DATE)VIA FAX FOR FILING IN COURT.
(2) If a document is transmitted by facsimile for filing with the court, the
person responsible for the filing must attach an original affidavit as the last
page of the document. The affidavit must bear the name of the court, case
caption, case number, the name of the document to be filed, and a statement
that the individual signing the affidavit has examined the document, determined
that it consists of a stated number of pages, including the affidavit page, and
that it is complete and legible. The affidavit shall bear the original
signature, the printed name, address, phone number and facsimile number of the
individual who received the document for filing.
(3) The clerk of the court may use fax transmission to send any document
requiring personal service to one charged with personally serving the document.
Notices and other documents may be transmitted by the clerk to counsel of
record by fax.
(4) The Court reserves the right to charge reasonable fees for receiving,
collating, and verifying lengthy fax transmissions.
(5) A document transmitted directly to the clerk of the court shall be deemed
received at the time the clerk's fax machine electronically registers the
transmission of the first page, regardless of when final printing of the
document occurs, except that a document received after the close of normal
business hours shall be considered received the next judicial day. If a
document is not completely transmitted, it will not be considered received. A
document transmitted to another for filing with the clerk of the court will be
deemed filed when presented to the clerk in the same manner as an original document.
(Adopted effective September 1, 2004.)
RULE NO. 14
Any of these Rules may be suspended or modified by the Court upon its own motion.
(Adopted effective September 1, 2000)
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