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                            Issaquah Municipal Court
                                Local Court Rules

                                Table of Rules


Local Court Rules

IMC 1  Notice Of Appearance – Infractions
IMC 2  Time For Hearing – Objections To Date
IMC 3  Request For Speed Measuring Device Expert – Testimony By Phone
IMC 4  Speed Measuring Device Expert – Cost To Be Paid


Local Civil Rules - IMC-CRLJ

IMC-CRLJ 10   Form of Pleadings - Style and Form - Facilitating Proof of Service and Filing of Papers


Local Criminal Rules - IMC-CrRLJ

IMC-CrRLJ 1.5     Style and Form
IMC-CrRLJ 3.4(d)  Video Conference Proceedings


Local Infraction Rules - IMC-IRLJ

IMC-IRLJ 3.5   Decisions on Written Statements
    

 


    
                                     IMC 1
                      NOTICE OF APPEARANCE - INFRACTIONS


Attorneys appearing on behalf of clients shall file a Notice of Appearance with
the court and prosecutor no later than seven (7) court days prior to the
hearing.  Failure to provide such notice shall be grounds for continuing the
case to the next available calendar when the prosecutor will be present.


(Effective September 1, 2008)
(Amended July 1, 2011)
    

 


    
                                     IMC 2
                     TIME FOR HEARING - OBJECTIONS TO DATE


A defendant who objects to the hearing date set by the court pursuant to IRLJ
2.6 shall file with the court and serve upon the city attorney a written motion
for a new speedy hearing date.  Such motion shall be filed and served no later
than ten (10) days from the date of written notice of the hearing date.
Failure to comply with this rule shall become a waiver of the objection.


(Effective September 1, 2008)
    

 


    
                                     IMC 3
        REQUEST FOR SPEED MEASURING DEVICE EXPERT - TESTIMONY BY PHONE


Any request to produce a speed measuring device expert must be filed in
accordance with IRLJ 6.6(b).  The request cannot be combined with a notice of
appearance or any other pleading.  The court may allow the speed measuring
device expert to testify from a location other than the courtroom via
speakerphone or other electronic means acceptable to the court.


(Effective September 1, 2008)
    

 


    
                                     IMC 4
                SPEED MEASURING DEVICE EXPERT - COST TO BE PAID


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, shall be required to pay the fee charged by the expert as a cost
incurred by that party, as provided in RCW 46.63.151


(Effective September 1, 2008)
    

 


    
                         IMC-CRLJ 10
   FORM OF PLEADINGS – STYLE AND FORM – FACILITATING PROOF
               OF SERVICE AND FILING OF PAPERS


     (a)  Action Documents.  Pleadings or other papers
     requiring action on the part of the Clerk/Court (other
     than file stamping, docketing and placing in the court
     file) shall be considered action documents.  Action
     documents shall include a special caption directly
     below the case number on the first page, stating:
     “Clerk’s Action Required”.  The action to be taken must
     be stated either next to the special caption or in the
     first paragraph on the first page.  The clerk will not
     search through letters, notices of appearance, requests
     for discovery, or other materials to locate possible
     requests for action items.

      (b) Format.  All pleadings and other papers shall
     include or provide for the following, unless otherwise
     authorized by the court:

     (1)  Service and Filing.  Space should be provided at
     the top of the first page of a document allowing on the
     right half for the clerk’s filing stamp, and in the
     left half for proof of, or acknowledgement of, service.
     The papers should when feasible, such as common
     pleading or service forms, be pre-drilled or punched at
     the page top for fastening in court files.

     (2)  Numbered Paper.  All pleadings, motions,
     affidavits, briefs, and other supporting documents
     prepared by attorneys/parties should be on paper with
     line numbering in the left hand margin.

     (c)  Handling by Clerk.  All pleadings or other papers
     with proper caption and cause number will be date
     receipted, docketed and secured/placed in the court
     file by the Clerk of the Municipal Court in the order received.

     (d)  Form of Pleadings.  Pleadings in compliance with
     this rule shall be in substantially the following form:



     SPACE FOR SERVICE        /    SPACE FOR COURT FILING
     PROOF                    /    STAMP
                              /


        IN THE MUNICIPAL COURT FOR THE CITY OF ISSAQUAH,
                KING COUNTY, STATE OF WASHINGTON


     ________________________,     )
                                   )    CAUSE NO.  XXXXXXXX
               Plaintiff,          )
                                   )    CLERK’S ACTION REQUIRED:
                                   )   (note action required here or
                                   )    in first paragraph)
                                   )
          vs.                      )
                                   )    MOTION  TO SET REVIEW
     _________________________,    )
                                   )
               Defendant           )


     CLERK’S ACTION REQUIRED:  (note action required here or in caption).


(Effective January 1, 2005)
    

 


    
                        IMC-CrRLJ 1.5
                       STYLE AND FORM


     The format requirements for papers being filed with the
     court shall be as specified in CrRLJ 1.5 and IMC-CRLJ 10.


(Effective January 1, 2005)
    

 


    
                            IMC-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 Issaquah Municipal Court judge,
          judge pro-tem or court commissioner.  Any party may request
          an in-person hearing which may be granted at the discretion
          of the Issaquah Municipal Court judge, judge pro-tem or
          court commissioner.

     (2)  Agreement.  Other trial court proceedings, including
          the 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
          Issaquah Municipal Court judge, judge-pro tem or court
          commissioner.

     (3)  Standards for Video Conference Proceedings.  The
          standards for video conference proceedings shall be as
          specified in CrRLJ 3.4(d)(3).


(Effective January 1, 2005)
    

 


    
                        IMC-IRLJ 3.5
              DECISIONS ON WRITTEN STATEMENTS.


     (a)  Request for Decision on Written Statement.  If the
defendant submits a timely request for a hearing to contest
or mitigate an infraction, the defendant may elect to seek a
decision on written statement pursuant to the provisions of
IRLJ 3.5 and IMC-IRLJ 3.5.  A defendant who elects to
contest or mitigate an infraction by decision on written
statement shall be deemed to have waived an in-court hearing
to contest or mitigate the infraction in person.

     (b)  Time for Submitting Request for Decision on
Written Statement.  The request for a decision by written
statements shall be submitted no later than fourteen (14)
days prior to the date set for the in-court mitigation or
contested hearing.

     (c)  Declaration for Written Statement Required. A
defendant wishing to proceed by decision on written
statement shall provide a written statement which sets forth
the facts and/or defense(s) that the defendant would like
the court to consider. A written statement submitted
pursuant to this rule shall be  submitted by declaration as
follows: “I declare under penalty of perjury under the laws
of the state of Washington that the foregoing is true and
correct,” and shall be in substantially the following form:


          Name of Defendant:
          Address:
          Infraction Number (upper right corner
          of citation):
          Violation Date:

          I wish to mitigate the infraction
          I wish to contest the infraction

          Statement:

          _______________________________________
          _______________________________________
          _______________________________________
          _______________________________________
          _______________________________________
          _______________________________________
          _______________________________________


          I declare under penalty of perjury under
          the laws of the state of Washington that
          the above information is true and correct.

          Executed this ___ day of __________, 20__

          at ________________________ (city/state).

          ___________________________
          Signature


     The written statement shall be submitted at the same
time as the request for decision on written statement.

     (d)  Time for Examination, Factual Determination,
Disposition and Notice to Parties. The time for examination,
factual determination, disposition and notice to parties
shall be pursuant to IRLJ 3.5(a)-(d).

     (e)  No Appeal Permitted.  There shall be no appeal from a
decision on written statements.


(Effective January 1, 2005)
    

 


 
 
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