LAKE FOREST PARK
MUNICIPAL COURT LOCAL RULES
TABLE OF RULES
Local Rules (LFPMCLR)
1.7 Adoption of Local Rules
1.8 Title of Rules
3.2 Release of Accused
4.2 Pleas - Repealed
5.4 Pre-trial Hearings
6.13 Evidence
7.2 Sentencing
8.2.3 Jury Trial Settings
8.11 Disclosure of Records
Local Infraction Rules (LFPMCLIR)
2.2 Filing of Notice: Photo Enforcement
2.6 Schedule of Hearings: Photo Enforcement
3.1(a) Service and Filing of Subpoenas
3.1(b) Contested Hearings-Preliminary Proceedings-Discovery
3.3(1) Continuance
3.5 Decision on Written Statements
6.6 Speed Measuring Device
6.7 Change of Judge
6.8 Deferred Findings
LFPMCLR 1.7
ADOPTION OF LOCAL RULES
These rules are adopted pursuant to CrRLJ 1.7 and IRLJ 1.3.
(September 1, 1994)
LFPMCLR 1.8
TITLE OF RULES
These rules may be known and cited as the Lake Forest Park Municipal
Court Local Rules, and shall be referred to as LFPMCLR.
(September 1, 1994)
LFPMCLR 3.2
Release of Accused
A. Bail: Lake Forest Park Municipal Court will follow the bail schedule set
forth in Washington Court Rule CrRLJ 3.2(o) except where the charges involve
domestic violence offenses.
B. Domestic Violence Offenses: Bail shall not be set for a person arrested
for a new domestic violence offense unless set by a judge telephonically at the
time of arrest, or at a preliminary appearance, arraignment or subsequent court
appearance. "Domestic violence" includes, but is not limited to any of the
misdemeanor or gross misdemeanor offenses listed in RCW 10.99.020(5), 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(3) or similar municipal ordinance.
Adopted this 28th day of June, 2012
LFPMCLR 4.2
PLEAS
[REPEALED 09/01/2011]
LFPMCLR 5.4
PRE-TRIAL HEARINGS
(a) Unless the defendant pleads guilty or submits on the record at an
arraignment, a pre-trial hearing (PTH) shall be held. If the defendant or
defendant's counsel appears at arraignment and enters a plea of "Not
Guilty", then notice shall be provided by the court at the arraignment to
the defendant or defendant's counsel of the date and time of the PTH. If an
attorney, pursuant to CrRLJ 4.1(d), submits a written notice of appearance,
waiving arraignment and entering a plea of "Not Guilty" on behalf of a
defendant, then the court clerk shall issue notice of the date and time of
the PTH to defendant's counsel.
(b) The defendant and all counsel must be present at the PTH. Failure
of the defendant to appear at a PTH may result in the issuance of a bench
warrant.
(c) The PTH shall be held no later than thirty (30) days after the date
of arraignment, unless a later date for the PTH is approved by the court.
(September 1, 1994)
LFPMCLR 6.13
EVIDENCE
The court shall follow the provisions of CrRLJ 6.13 on Evidence subject
to the following provisions:
(a) Return of Exhibits. Every exhibit in a criminal/traffic case in the
court's custody, which is not contraband and for which ownership is not in
dispute, shall be returned to the party who produced that exhibit upon
motion of that party and expiration of the appeal period. In the event of a
finding of guilty, for purpose of this rule, the appeal period shall begin
on the day of sentencing or deferral of sentence by the court. Exhibits not
withdrawn shall be delivered by the court clerk to the appropriate law
enforcement agency for disposition as abandoned property; or if contraband,
for destruction. No exhibit shall be released by the court without its
being receipted for by the receiving person.
(b) Request for Speed Measuring Device Expert. The court shall follow
the provisions of CrRLJ 6.13(d) concerning the request for a speed
measuring device (SMD) expert, except that a request for such a SMD expert
shall be in writing and must be received by the court clerk at least seven
working days prior to trial.
(September 1, 1994)
LFPMCLR 7.2
SENTENCING
(a) The court shall follow the provisions of CrRLJ 7.2 on Sentencing,
with the addition of the provisions of LFPMCLR 7.2(b) as set out below.
(b) Assessment of Court Costs Upon Dismissal of Insurance Charge. If a
defendant is charged with the violation of RCW 46.30.020, "No Valid
Insurance" and subsequently appears in person before the court and provides
written evidence that at the time the person was cited, he or she was in
compliance with the financial responsibility requirements of RCW 46.30.020,
then pursuant to the provisions of RCW 46.30.020(2), the charge shall be
dismissed and court administrative costs of $25 shall be assessed, unless
the costs are specifically waived by the Court.
(September 1, 1994)
LFPMCLR 8.2.3 JURY TRIAL SETTINGS
a) The jury term will be the first week of the month unless
otherwise set by the Court.
b) At the defendant’s Pre-trial Hearing, the case will be
set for the start of the jury term that falls within the
defendant’s speedy trial period. The case will also be set
for a Readiness Hearing to be held the week before the start
of the jury term, unless the court sets another date.
c) At the Readiness Hearing, each side will advise the
Court whether or not the case will proceed to jury trial on
the set jury date.
d) At the Readiness Hearing, the Judge will set a date and
time for both parties to confirm to the Clerk of Court
whether or not the case is going to be tried to a jury. This
date and time will be set in open court and provided to the
parties in writing. The date will be no later than 48 hours
before the start of the jury term.
e) A party who fails to follow procedures set forth in sub-
section (d) may be subject to court sanctions. A party who
confirms a jury date and disposes of the case without a jury
after the jury has reported may be subject to court
sanctions.
LFPMCLR 8.11
DISCLOSURE OF RECORDS
The court clerk shall make available the public records of the court in
accordance with the provisions of ARLJ 9, subject to the following
provisions:
(a) The disclosure provisions of LFPMCLR 4.7 shall govern all material
discoverable under that rule. The disclosure of all other public records of
the court shall be governed by the provisions of this rule.
(b) Requests for copies of the public records of the court must be in
writing and must be received by the court clerk during the City's normal
business hours prior to the commencement of court and a scheduled hearing
on any matter for which copies are sought. The name, address and phone
number of the person requesting copies of the public records of the court
shall be in the written request for such records.
(c) Duplication Fees. The following fees are established for the
duplication and preparation of documents, absent a judicial determination
of indigency:
(1) Duplication of discoverable materials
provided to the defendant or defendant's
counsel per LFPMCLR 4.7 No Charge
(2) Duplication of materials provided to
the defendant or defendant's counsel by
court order above and beyond the material
required to be disclosed by LFPMCLR 4.7 and
duplication of all other public records of
the court
First page of any one document $ 1.00
For each succeeding page 0.50
(3) Certification of files/documents 5.00
(4) Duplication of part/whole tape (per tape) 10.00
(5) Preparing record of appeal to Superior Court 40.00
(September 1, 1994)
LFPMCLIR 2.2
FILING OF NOTICE: PHOTO ENFORCEMENT
For purposes of IRLJ 2.2(d), a Notice of Infraction issued pursuant to RCW
46.63.170 and LFPMC 10.06.020 for an infraction detected through the use of an
automated traffic safety camera is filed upon the date issued by the officer if
the Notice is electronically transmitted or assigned to a third party,
delegated administrative functions for traffic safety camera tickets.
LFPMCLIR 2.6
SCHEDULE OF HEARINGS: PHOTO ENFORCEMENT
The court may delegate administrative functions, docketing of cases, and
collection of fines generated by Notices of Infraction issued under RCW 46.63.170
and LFPMC 10.06 pursuant to the terms of an agreement between the court and a third party.
Hearings for disposition of such offenses may be heard in open court under IRLJ 2.6
or as provided for in LFPMCLIR 3.5.
LFPMCLIR 3.1(a)
SERVICE AND FILING OF SUBPOENAS
The defendant, the plaintiff, and defendant’s attorney will
subpoena witnesses in accordance with IRLJ 3.1(a). Service
of subpoenas will be in accordance with IRLJ 3.1(a). Lake
Forest Park Municipal Court will not serve a subpoena on an
officer or witness for either the defendant, the plaintiff
or defendant’s attorney. Each party must serve their own
subpoenas in accordance with Lake Forest Park Municipal
Court written procedures determined by the presiding judge.
These procedures are available from the clerk of court or on
the court website.
(Adopted Sept. 1, 2004)
LFPMCLIR 3.1(b)
CONTESTED HEARINGS-PRELIMINARY PROCEEDINGS-DISCOVERY
(1) Repealed
(2) Unchanged
(3) A request for discovery must be served, in accordance
with IRLJ 3.1(b), on the city prosecuting attorney’s office.
Service must be made at the office where the prosecutor
receives mail for Lake Forest Park Municipal Court cases.
The defendant must provide proof of such timely service at
the time of a motion to dismiss or suppress evidence for
failure to provide discovery. Service of a request for
discovery on the court will not be considered service upon
the prosecutor's office.
(Adopted Sept. 1, 2004)
LFPMCLIR 3.3 (1)
Continuance
A motion for a continuance in a scheduled contested or mitigation
traffic hearing must be made in writing and filed 7 days prior to
the date of the hearing. The motion shall show good cause for
continuance and the defendant shall post $52 as a reschedule fee.
This money is held in trust by the court until the next scheduled
court date. Upon failure to appear, the $52 is forfeited. Upon a
finding of committed, the money is applied toward any fine
imposed. Upon a finding of not committed, the $52 is refunded.
LFPMCLIR 3.5
DECISION ON WRITTEN STATEMENTS
(1) The court shall follow the provisions of IRLJ 3.5,
Decision on Written Statements.
(2) The court shall allow written statements through e-mail
procedures as established by the presiding judge through
administrative order. E-mail procedures shall meet the
requirements of IRLJ 3.5.
(Adopted Sept. 1, 2004)
LFPMCLIR 6.6
SPEED MEASURING DEVICE
The court shall follow the provisions of IRLJ 6.6 concerning the
request for a speed measuring device (SMD) expert, except that a request
for such a SMD expert shall be in writing and must be received by the court
clerk at least seven working days prior to trial.
(September 1, 1994)
LFPMCLIR 6.7
CHANGE OF JUDGE
A party to an infraction hearing in Lake Forest Municipal
Court may file an affidavit of prejudice, but only in
accordance with CRLJ 40(f). An affidavit of prejudice not
filed in accordance with the time restrictions of CRLJ 40(f)
will be denied.
(Adopted Sept. 1, 2004)
LFPMCLIR 6.8
DEFERRED FINDINGS
Lake Forest Park Municipal Court will grant deferred
findings in a traffic infraction case in accordance with RCW
46.63.070. The presiding judge will create local
requirements for the terms of the deferred finding by
administrative order. Except for a deferred finding granted
pursuant to this rule, no other types of deferred findings
or orders will be allowed in any traffic infraction case. No
person who has had a deferred finding in another court or
participated in the Shorecrest Youth Traffic Court, within 7
years of the pending infraction, is entitled to another
deferred finding or deferral of any kind.
(Adopted Sept. 1, 2004)
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