LOCAL RULES, CITY OF FIRCREST
MUNICIPAL COURT
Effective September 1, 2004
Including Amendments Received Through
September 1, 2004
Effective/Amended Date
Administrative Rules
LAR 1.1 Judicial Days Defined 09/01/02
General Rules
LGR 2.1 Repealed 09/01/04
LGR 2.2 Repealed 09/01/04
LGR 7.10 Repealed 09/01/03
Infraction Rules
LIRLJ 2.6 Repealed 09/01/03
LIRLJ 3.1(a) Contested Hearings – Costs and Witness Fees 09/01/03
LIRLJ 3.5 Decisions on Written Statements 09/01/03
LIRLJ 6.6(d) Speed Measuring Device: Design and
Construction Certification 09/01/02
Criminal Rules
LCrRLJ 3.1.1 Repealed 09/01/03
LCrRLJ 3.2.2 Mandatory Appearances 09/01/02
LCrRLJ 4.2 Repealed 09/01/03
LCrRLJ 4.5 Readiness Trial Hearings 09/01/02
LCrRLJ 8.2 Written Motions and Briefs 09/01/02
LCrRLJ9(c)(5) Deferred Prosecution 09/01/02
Court Rule LAR 1.1
JUDICIAL DAYS DEFINED
Regular judicial days shall be Mondays, Wednesday and
Friday of every week, Holidays and Court Holidays excepted.
In the event of holidays or other preemption, Court may be
held the next weekday. Court sessions shall be at such
times and places, as the Court may deem necessary for its
proper administration.
(Adopted effective September 1, 2002)
Court Rule LGR 2.1
REQUIREMENTS FOR TIME PAYMENTS
(Repealed effective September 1, 2004)
Court Rule LGR 2.2
DELEGATING AUTHORITY TO QUASH WARRANTS AND FTA’S, AND
RESCIND DELINQUENT CHARGES
(Repealed effective September 1, 2004)
Court Rule LGR 7.10
COMMUNITY SERVICE
(Repealed effective September 1, 2003)
Court Rule LIRLJ 2.6
MITIGATION HEARING ON WRITTEN STATEMENT
(Repealed effective September 1, 2003)
Court Rule LIRLJ 3.1(a)
CONTESTED HEARINGS – COSTS AND WITNESS FEES
(a) Costs and Witness Fees. Each party is responsible for
costs incurred by that party as set forth in RCW 46.63.151.
In cases where a party requests a witness to be subpoenaed,
the party requesting the witness shall pay the witness fees
and mileage expenses due that witness.
(Adopted effective September 1, 2003)
Court Rule LIRLJ 3.5
DECISIONS ON WRITTEN STATEMENTS
Mitigation and contested hearings on alleged traffic
infractions may be held upon written statements pursuant to
IRLJ 2.4(b)(4), IRLJ 2.6(c) and IRLJ 3.5.
(Adopted effective September 1, 2003)
Court Rule LIRLJ 6.6(d)
SPEED MEASURING DEVICE: DESIGN AND CONSTRUCTION
CERTIFICATION
Any person who requests production of an electronic
speed measuring device (SMD) 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 that party, as provided in RCW 46.63.151.
(Adopted effective September 1, 2002)
Court Rule LCrRLJ 3.1.1
APPOINTMENT TO COUNSEL TO REPRESENT
INDIGENT DEFENDANTS
(Repealed effective September 1, 2003)
Court Rule LCrRLJ 3.2.2
MANDATORY APPEARANCES
A defendant who is arrested for an offense involving
driving while under the influence as defined in RCW
46.61.502, driving under twenty-one after consuming alcohol
as defined in RCW 46.61.503, or being in physical control of
a vehicle while under the influence as defined in RCW
46.61.504, shall be required to appear in person before a
judge/commissioner on the Wednesday following arrest if the
defendant is served with a citation or complaint at the time
of the arrest. The following Wednesday shall be deemed the
earliest practicable judicial day for the hearing.
Appearances are mandatory and may not be waived. The
requirements of the RCW 46.61.50571 shall be imposed at the
hearing.
(Adopted effective September 1, 2002)
Court Rule LCrRLJ 4.2
COMMITMENT OF DEFENDANTS TO THE PIERCE COUNTY JAIL
(Repealed effective September 1, 2003)
Court Rule LCrRLJ 4.5
READINESS TRIAL HEARINGS
A Readiness Hearing shall be held before the Municipal
Court Judge in every case in which a timely demand for jury
is made. Notice shall be given in open Court by the Judge
to all parties indicating the date and time for this
hearing. At the hearing the city attorney, defendant and
the defendant’s counsel (if any) must be present. By the
Readiness Hearing date all discovery must be completed and
all motions must have been timely filed. Furthermore,
parties shall advise the Court if the case can be settled by
other than a jury trial. The Readiness Hearing date shall
be set no later than ten (10) judicial days before the date
of trial. The Court will strike the scheduled Jury Trial
and may issue a Bench Warrant for any party that does not
appear at the Readiness Hearing.
(Adopted effective September 1, 2002)
Court Rule LCrRLJ 8.2
WRITTEN MOTIONS AND BRIEFS
Written motions and briefs other than those for
continuances, shall be filed with the Court and served on
the opposing party not less than ten (10) judicial days
before trial. Responses thereto shall be filed and served
not less than five (5) judicial days before the hearing
date. Motions shall be heard on Wednesdays at 9:00am in
open Court, and not later than five (5) judicial days before
trial.
Failure to comply with this rule may result in the
Court’s refusal to hear such motion or in the imposition of
terms, both to the adverse party or parties and to the City
of Fircrest for the expense caused by resulting delays.
(Adopted effective September 1, 2002)
Court Rule LCrRLJ 9(c)(5)
DEFERRED PROSECUTION
(c) Quasi-Public Documents. The following are not
subject to public review, but are subject to review by the
defendant and the defendant’s lawyer:
(5) Deferred Prosecution – the evaluation, and
recommendation of chemical dependency agency, status reports
from chemical dependency agency.
(Adopted effective September 1, 2002)
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