McCleary Municipal Court
Local Court Rules
Adopted September 3, 1991
Amended September 1, 2001
Table of Rules
Rule
1. Adoption.
2. Reservation of Discretion.
3. Court Sessions.
4. Judge Assignment.
5. Bail Schedule.
6. Arraignment Date.
7. Notice of Appearance, Combining Documents, Demand for BAC
Verifier Maintenance Operator and Motions
8. Discovery.
9. Motions and Hearings.
10. Continuances.
11. Jury Instructions.
12. Pleas in Criminal Cases -- Jury Trial Settings
13. Telephonic Communication.
14. Return of Exhibits.
15. Payment of Fines and Penalties.
16. Notice of Appearance in Contested Infraction Case and Scheduling
of Pre-Hearing Conference.
17. Use of a Collection Agency and Assessment as Court Cost of Amounts
Paid for Collection Services.
RULE 1. ADOPTION
These rules are adopted pursuant to GR7, CrRLJ 1.7 and
IRLJ 1.3.
[Adopted September 3, 1991; amended effective September 1, 2001.]
RULE 2. RESERVATION OF DISCRETION
The court reserves the authority to interpret, suspend or
modify these rules in individual cases on motion of a party
for good cause shown or on its own motion in the interest of
justice or the efficient operation of the court.
[Adopted September 3, 1991.]
RULE 3. COURT SESSIONS
Court sessions shall begin at 9:00 a.m. on the second and
fourth Friday of each month in the McCleary City Hall, and
at such other times and places as the court may deem
necessary for its proper administration.
[Adopted September 3. 1991; amended effective September 1, 2001.]
RULE 4. JUDGE ASSIGNMENT
All cases filed in the court are assigned to the
appointed judge of the court.
[Adopted September 3, 1991.]
RULE 5. BAIL SCHEDULE
The court may establish a bail schedule for use by the
police. The schedule may designate those criminal charges
wherein the defendant will be allowed to forfeit bail in
lieu of arraignment. In the absence of a schedule, the
defendant's appearance at arraignment shall be mandatory.
Bond for release from jail shall be $500.00 in all cases,
except those alleging domestic violence for which no bond
shall be set.
[Adopted September 3, 1991.]
RULE 6. ARRAIGNMENT DATE
The arresting officer shall set a defendant’s arraignment
date and time when issuing a citation charging a criminal
offense. The date set shall be consistent with a schedule to
be provided by the court clerk. All citations shall be
filed upon issuance.
[Adopted September 3, 1991.]
RULE 7. NOTICE OF APPEARANCE, COMBINING DOCUMENTS, DEMAND
FOR BAC VERIFIER MAINTENANCE OPERATOR AND MOTIONS
(A) Notice of Appearance to City Attorney. Attorneys
appearing for a defendant shall provide a copy of the Notice
of Appearance to the City Attorney contemporaneously with
filing the same with the court.
(B) Combining Documents. A Notice of Appearance and plea
of not guilty may be combined in one document.
(C) BAC Verifier Maintenance Operator Demand. Any demand
for the appearance of a BAC Verifier maintenance operator
shall be by separate document to be filed with the court and
served on the City Attorney contemporaneously with filing
the same with the court.
(D) Motions. Any motion filed on behalf of any party
shall be provided to the attorney representing the opposing
party or, if not represented, to the opposing party
contemporaneously with filing the same with the court.
[Adopted September 3. 1991; amended effective September 1, 2001.]
RULE 8. DISCOVERY
Discovery demands shall be by a separate document.
"Blanket" discovery forms may be used, provided that each
item requested shall contain a box or square in the left
margin and shall be checked by the demanding party if that
item is to be applicable to the particular case. Demands not
applicable shall not be checked. Sanctions may be imposed
for violation of this rule, including but not limited to the
quashing of the entire demand. Failure to provide discovery
materials, including bills of particulars if ordered, shall
be deemed waived unless the court is notified in writing not
less than two weeks prior to the trial.
[Adopted September 3, 1991.]
RULE 9. MOTIONS AND HEARINGS
(A) Pre-trial Hearings. All cases set for a jury or non-
jury trial shall be set for a pre-trial hearing prior to the
trial date. The City Attorney, the defendant and the defense
attorney, if any, shall attend the hearing.
(B) Motions. All motions, including but not limited to
amendment to the charges, for continuance and CrRLJ 3.5
hearings shall be heard at the pre-trial hearing. Motions
will not be considered at the time of trial unless they
could not have been raised at the pre-trial hearing, or the
court on its own motion continued a matter to the time of
trial.
(C) Subpoenas. A party wishing the attendance of a
witness at a hearing shall be responsible for subpoenas of
such witnesses, except that the City Attorney shall subpoena
necessary witnesses for a CrRLJ 3.5 hearing if the defendant
or his attorney has requested in writing such attendance and
has given notice for such motion as set forth herein. A
party requesting the court to subpoena a witness shall
provide the name and address of the witness, a statement of
the relevance of the testimony, and payment of $50.00 per
requested subpoena to pay for the witness fee and mileage,
and costs of service.
(D) Testimonial Hearing Notice. A party bringing a
motion which will require testimony, including CrRLJ 3.5
hearings, shall give separate notice of such to the clerk
and the opposing party not less than two weeks prior to the
hearing. Failure to comply with this rule may result in the
striking of the motion, its denial or terms.
(E) Attendance Required. The defendant must attend every
scheduled court proceeding. If a defendant fails to attend,
a bench warrant may issue for his/her arrest by the judge or
court personnel upon direction of the judge and all
scheduled court dates may be stricken at the discretion of
the court. The court may impose an additional fee for the
issuance of any bench warrant for failure to appear. The
time period from the hearing missed by a defendant to
his/her next appearance in court shall not be included in
any time limitation requirements but rather time limits
shall begin anew from such next appearance.
[Adopted September 3. 1991; amended effective September 1, 2001.]
RULE 10. CONTINUANCES
(A) Bench Trials--Stipulations. The court will grant a
continuance after a bench trial date has been set upon a
stipulation of the parties not 1ess than one day prior to
the date set.
(B) Bench Trials--Written Motion. All requests for a
continuance made five working days or less prior to a bench
trial not stipulated to by the opposing party shall be
presented by written motion and affidavit after notice to
the opposing party. Twenty-four hours prior notice to the
opposing party shall meet the requirement of this
subsection. The court may grant a continuance on a showing
of good cause.
(C) Jury Trials. All requests for a continuance of a
jury trial shall be presented by a written motion and
affidavit with notice provided to the opposing party. Such
motions may be heard at the pre-trial hearing. A
continuance will be granted only upon a showing of good
cause.
(D) Good Cause. The following shall be deemed good
cause:
(1) Illness with such verification as may be required by
the court; or,
(2) Unavoidable and/or unforeseen conflicts; or,
(3) Lack of discovery or new evidence requiring
investigation.
(E) Imposition of Costs. Payment of costs of the court
and the opposing party may be a condition for granting a
continuance.
(F) Speedy Trial Waiver. A waiver of the right to a
speedy trial may be required as a condition for granting a
continuance.
(G) Infraction Hearings. One telephonic request for a
continuance may be granted by the clerk. Thereafter such a
request must be in writing and approved by the court.
[Adopted September 3. 1991; amended effective September 1, 2001.]
RULE 11. JURY INSTRUCTIONS
(A) When Submitted. Proposed jury instructions shall be
submitted when the case is called for trial.
(B) How Submitted. Three sets of instructions shall be
submitted on plain 8-1/2 x 11 inch paper. Citations of
authority shall not appear on the unnumbered set. One
additional set shall be served upon the opposing party.
(C) Pattern Instructions. The court does not maintain
pattern instructions. All instructions must be prepared by
the offering party.
[Adopted September 3. 1991; amended effective September 1, 2001.]
RULE 12. PLEAS IN CRIMINAL CASES --JURY TRIAL SETTINGS
The court shall be notified of a plea agreement not less
than two weeks prior to a jury trial. Failure to comply
with this rule may result in the imposition of costs,
including but not limited to witness, jury, and service of
process fees in addition to any other sentence imposed.
[Adopted September 3. 1991; amended effective September 1, 2001.]
RULE 13. TELEPHONIC COMMUNICATION
All proceedings, except infraction hearings, and criminal
changes of plea or trials, may be heard by telephone
conference call at the request of either party or the court.
[Adopted September 3, 1991.]
RULE 14. RETURN OF EXHIBITS
Every exhibit shall be returned to the party who produced
it in a case that was not appealed upon written application
not earlier than twenty one days after the trial or
sentencing, whichever was later. Exhibits not so withdrawn
may be destroyed after thirty days or, if contraband,
delivered to the police for destruction.
[Adopted September 3. 1991.]
RULE 15. PAYMENT OF FINES AND PENALTIES
(A) Infractions. Infraction penalties shall be paid at
the conclusion of any requested hearing, or upon such
schedule as may be set by a court approved time payment
agreement.
(B) Attorney and Jury Fees--Reimbursement. The court may
require partial or full reimbursement to the city for the
cost of court appointed counsel and/or jury fees from those
defendants the court finds able to pay such.
(C) Conditions of Time Payment. All criminal time
payments shall be paid at the rate of $50.00 per month or
the total amount due divided by eleven, whichever amount is
greater, unless the court approves a different payment
schedule.
(D) Community Service. The court may impose community
service in lieu of monetary payments in appropriate cases.
(E) Petition to Modify. The defendant may petition the
court to modify monetary payments at any time due to his/her
changed financial condition.
(F) Revocation of Probation. Probation shall be revoked
for willful failure to pay fines, costs or other
assessments.
[Adopted September 3. 1991; amended effective September 1, 2001.]
RULE 16. NOTICE OF APPEARANCE IN CONTESTED INFRACTION CASE
AND SCHEDULING OF PRE-HEARING CONFERENCE
(A) Notice of Appearance to City Attorney. Attorneys
appearing for a defendant in a contested infraction case
shall provide a copy of a Notice of Appearance to the City
Attorney contemporaneously with filing the same with the
court.
(B) Pre-Hearing Conference Required. All contested
infractions wherein an attorney represents the defendant
shall be set for a pre-hearing conference prior to the
setting of a contested hearing.
[Adopted September 1, 2001]
RULE 17. USE OF A COLLECTION AGENCY AND ASSESSMENT AS COURT
COST OF AMOUNTS PAID FOR COLLECITON SERVICES
(A) Contract for Collection. The court may use the
services of a collection agency for the purposes of
collecting unpaid and delinquent penalties on infractions,
criminal fines, costs, assessments and forfeitures, on the
terms and conditions of the contract for collection services
between the City of McCleary and said collection agency, and
as may be subsequently amended.
(B) Collection Agency Fee as Cost. The collection
agency’s fee or charge, as set forth in said contract, shall
be added by the collection agency as a court cost to the
total judgment of the court against each defendant whose
account is referred to the collection agency.
[Adopted September 1, 2001]
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