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Kent Municipal Court
Table of Rules
General Rules
KMC-GR 13 Use of Unsworn Statement in Lieu of Affidavit - Digital or Written Signature
KMC-GR 16 Courtroom Decorum
Civil Rules
KMC-CRLJ 10 Form of Pleadings "Style and Form" Facilitating
Proof of Service and Filing of Papers
Criminal Rules
KMC-CrRLJ 1.5 Style And Form
KMC-CrRLJ 3.1 Assignment of a Lawyer-Provisional Appointment
KMC-CrRLJ 3.2 Release of Accused
KMC-CrRLJ 3.4 Video Conference Proceedings
KMC-CrRLJ 4.8(a) Subpoenas
KMC-CrRLJ 7.3(j) Judgment
Infraction Rules
KMC-IRLJ 2.6 Infraction - Prehearing Conference
KMC-IRLJ 3.5 Decisions on Written Statements
KMC - GR13
USE OF UNSWORN STATEMENT IN LIEU OF AFFIDAVIT - DIGITAL OR WRITTEN SIGNATURE.
Law enforcement officers may use a digital signature that complies with the
requirements of RCW 19.34 or GR 30 or by the officer explicitly signing the
certification or declaration.
(Effective September 1, 2008)
KMC-GR 16
COURTROOM DECORUM
A. PHOTOGRAPHY, RECORDING, TELEVISING, BROADCASTING
The taking of photographs or the electronic recording of proceedings in the
courtroom or its environs in connection with any judicial proceeding and the
broadcasting of judicial proceedings by radio, television or other means is
prohibited, except as provided in this rule.
As used herein, "judicial proceeding" means: (1) any hearing required to be
held "on the record" by Supreme Court rule including but not limited to
preliminary hearings, arraignments, pre-trial proceedings, motions, criminal
and civil trials, sentencing, post-conviction relief hearings, mitigation and
contested hearings; (2) any proceeding before a judicial officer, including a
judge, court commissioner, traffic magistrate judge or judge pro-tem; (3) all
sessions of any jury trial including jury orientation or selection, and (4) it
shall include any person participating in a judicial proceeding, including
witnesses, jurors, judicial officers and court employees.
"Courtroom" of the Kent Municipal Court means the courtroom itself, witness or
jury rooms, and any location where civil infraction proceedings are conducted.
"Environs" means any area located within the interior confines of the Kent
Municipal Courthouse, including but not limited to the entrances, hallways,
corridors, foyers, conference rooms, restrooms and lobbies therein including
probation or other offices.
B. CELL PHONES, ELECTRONIC DEVICES AND TEXT MESSAGING
Lawyers, defendants and members of the public may carry cell phones or other
portable electronic devices into the court facility. When in any courtroom,
all phones or other portable electronic devices shall either be turned off or
silenced. No phone calls or text messages shall be sent or received within any
courtroom. If silenced, the possessor of the device shall make certain that any
transmissions do not interfere with court proceedings.
Failure to comply with this section may result in the confiscation of the cell
phone or other portable electronic device and may include a fine or
incarceration for Contempt.
C. EXCEPTIONS
1. The following exception applies to sections A and B above:
a. Court, probation or law enforcement personnel conducting official business.
2. With the consent of the courtroom's judicial officer, or the presiding judge
of the court, the following exceptions may be granted to sections A and B above:
a. News media conditions and limitations as addressed in GR 16;
b. Ceremonial proceedings, including, but not limited to weddings or a judge
or judicial officer's investiture;
c. For the limited purpose of presenting evidence, perpetuation of the record
of proceedings, and security;
d. For the purposes of judicial administration;
e. As otherwise authorized by the court.
KMC-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 KENT,
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 September 1, 2003)
KMC-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 KMC-CRLJ 10.
(effective September 1, 2003)
KMC-CrRLJ 3.1
ASSIGNMENT OF A LAWYER-PROVISIONAL APPOINTMENT
(a) At the preliminary hearing or arraignment, all persons whether in-custody
or out-of-custody shall automatically be appointed a lawyer on a provisional
basis to assist them solely with that proceeding unless otherwise ordered by
the court. Any person requesting further assignment of counsel must meet with
the court's public defense screener who will then make the determination of
indigence pursuant to the provisions of chapter 10.101 RCW. Notwithstanding any
screening procedures, the judge may at any time appoint a lawyer in the
administration of justice.
(b) This rule does not preclude any person from representing themselves at the
preliminary hearing or arraignment. If the defendant chooses to proceed without
a lawyer, the court shall determine on the record that the waiver is made
voluntarily, competently and with knowledge of the consequences. The defendant
must be advised that waiver of a lawyer at arraignment does not preclude the
defendant from asserting the right to a lawyer later in the proceedings.
(Effective September 1, 2008)
KMC-CrRLJ 3.2
RELEASE OF ACCUSED
(b) Bail Schedule: A bail schedule may be set by administrative order
of the court.
(o)(2) Hold Pending Appearance Before A Judge:
(i) Domestic Violence Offenses: Except as may be permitted by a bail
schedule adopted pursuant to KMC-CrRLJ 3.2(b)(7), a Defendant arrested and
charged with a Domestic Violence Related Offense shall be held in non-bailable
status pending hearing the next court day following booking.
(ii) DUI/Physical Control Offenses: Except as may be permitted by a bail
schedule adopted pursuant to KMC-CrRLJ 3.2(b)(7), a Defendant arrested and
charged with Driving Under The Influence (DUI) or Physical Control Of A Motor
Vehicle While Under The Influence (Physical Control) shall be held in
non-bailable status pending hearing the next court day following booking.
(Effective September 1, 2008)
KMC-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 Kent 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
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 Kent
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 September 1, 2003)
KMC-CrRLJ 4.8(a)
SUBPOENAS
The copy of any subpoena filed with the court pursuant to
CrRLJ 4.8(a) shall be file stamped and placed in a subpoena
file corresponding with the month the witness is commanded
to appear. Upon an issue or request for enforcement arising
under CrRLJ 4.8(b) or (e), or CrRLJ 4.10, the copy of the
subpoena at issue shall be removed from the subpoena file,
docketed and placed in the case file. Otherwise, copies of
subpoenas filed shall be destroyed after 90 days has passed
from the date the witness is commanded to appear.
KMC-CrRLJ 7.3(j)
JUDGMENT
Any fine, assessment or cost that is not in an even dollar
amount shall be amended to a higher amount which produces
the next greatest even dollar total. Provided however, this
provision shall not apply if the total monetary penalty
resulting from any increase shall exceed the maximum
possible fines, costs and assessments allowed by law.
(effective September 1, 2005)
KMC-IRLJ 2.6
INFRACTION – PREHEARING CONFERENCE
(a) Prehearing Conference Required – Waiver. A
defendant charged with an infraction who requests a hearing
to contest the infraction shall first appear at a prehearing
conference. The prehearing conference shall be scheduled in
accordance with the provisions of IRLJ 2.6(a)(1)(i). The
requirement that the defendant appear at the prehearing
conference may be waived by the defendant, in writing,
provided the waiver is received by the court before the time
set for the prehearing conference. If the defendant fails
to timely waive or appear at the prehearing conference, a
default judgment shall be entered. In waiving the prehearing
conference, the defendant shall complete a waiver form
approved by the court. In the event that the defendant
submits a waiver in a form other than that approved by the
court, said waiver shall be ineffective unless it is in
substantial compliance with the court approved form.
(b) Waiver of Prehearing Conference Constitutes a
Waiver of Opportunity to Seek Deferral of Infraction. A
defendant who waives his or her presence at the prehearing
conference shall not be entitled to seek deferral of the
infraction(s) charged.
(c) Setting Contested Hearing. If the infractions are
not resolved following the prehearing conference, a
contested hearing shall be scheduled for not more than
ninety (90) days from the date of the prehearing conference.
If the prehearing conference is waived, a contested hearing
shall be scheduled for not more than ninety (90) days from
the date the waiver of the prehearing conference is received
by the court.
(d) Prehearing Motions For Contested Infractions –
Written Notice Required – Time Limits For Oral Argument.
All motions to exclude evidence or dismiss an infraction
shall be filed no later than the conclusion of the
prehearing conference. If a defendant elects to waive his
or her appearance at the prehearing conference, any motion
must be noted on the waiver form filed with the court
pursuant to KMC-IRLJ 2.6(a). Any motion(s) not timely filed
shall be waived and shall not be considered by the court.
All motions timely noted shall be addressed by the court at
the time of the contested hearing. Unless otherwise ordered
by the court, parties shall have a total of ten (10) minutes
each to argue and/or respond to motions before the court.
Any argument in support of, or in response to, motions
before the court that will require more than ten (10)
minutes to present shall be submitted in brief form.
(Effective September 1, 2002)
KMC-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 KMC-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 September 1, 2002)
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