Mercer Island Municipal Court
Local Court Rules
Table of Rules
Local Criminal Rules
MIMCLR 1 Adoption of Local Rules
MIMCLR 2 Title of Rules
MIMCLR 3 Pre-Trial and Readiness Hearings
MIMCLR 4 Defense Continuances
MIMCLR 5 Requirements for Payment of Jury Fees
MIMCLR 6 Confirmation of Jury Trial
MIMCLR 7 Video Conference Proceedings
Local Infraction Rules
MIMCLIR 1 Adoption of Local Rules
MIMCLIR 2 Title of Rules
MIMCLIR 3 Speed Measuring Device: Design and Construction Certification
MIMCLIR 4 Decision on Written Statements
MIMCLIR 5 Notice of Appearance Required for Contested Hearings
MIMCLIR 6 Proof of Insurance
MIMCLIR 7 Driving without a License
MIMCLR 1
ADOPTION OF LOCAL RULES
These rules are adopted pursuant to CrRLJ 1.7.
[Adopted effective September 1, 2006]
MIMCLR 2
TITLE OF RULES
These rules may be known and cited as the Mercer Island Municipal
Court Local Criminal Rules. The criminal rules shall be referred to
as MIMCLR.
[Adopted effective September 1, 2006]
MIMCLR 3
PRE-TRIAL AND READINESS HEARINGS.
(a) Unless otherwise ordered by the Court in a specific
case for good cause, all cases in which a defendant enters a
plea of not guilty shall be set for a pre-trial hearing.
(b) (1) The pre-trial hearing shall provide an opportunity
for negotiation between the parties. The parties shall
confer in good faith regarding any agreed disposition prior
to trial. The defendant shall be required to attend the pre-
trial hearing unless excused by the Court. Failure to
attend may result in the issuance of a bench warrant and/or
forfeiture of any bail/bond. In the event of a disposition,
the parties shall execute the appropriate documents for the
Judge to consider the matter on the record.
(2) In cases that proceed to trial, the parties shall
identify with specificity all motions and counsel may be
required to articulate on the record the basis for any
motion. All rulings made at the pre-trial hearing or
subsequent motion hearing(s) shall be binding on the
parties and shall not be re-litigated at trial. Any
motion not identified at pre-trial may be deemed waived
unless otherwise allowed by the Court. Counsel shall
identify only those motions for which there is a good
faith belief that the motion is well grounded in fact and
is warranted by existing law or a good faith argument for
the extension, modification or reversal of existing law.
(c) The Court shall assign dates and give written notice to
the parties for motion hearings and trial at the time of the
pre-trial conference and shall, in so far as is reasonably
possible, schedule those hearings after consultation with
all counsel. Other factors, such as witness
availability, shall also be considered.
(d) (1) A jury call/readiness hearing will be scheduled in
all cases proceeding to jury unless specifically waived by
the Court in a particular case for good cause shown. This
calendar will be held during the week prior to the scheduled
jury trial. The defendant shall be required to attend this
hearing unless excused by the Court. Failure to attend the
readiness hearing may result in the issuance of a bench
warrant, the case being stricken from the month's jury
calendar, and/or forfeiture of bail/bond.
(2) A request for a jury trial date constitutes an
assurance that the parties will be ready to begin jury
selection immediately on the morning of trial.
(e) A Jury trial must be confirmed by the defendant, or
defense council, or prosecuting attorney by notifying the
court at or before 1:30 p.m. the court day prior to trial.
Failure to do so may result in witness or jury costs being imposed.
[Adopted effective September 1, 2006]
MIMCLR 4
DEFENSE CONTINUANCES
A request for continuance must be made either by the
defendant or defendant's attorney 48 hours before the
scheduled hearing. Only the following hearings are eligible
for a one-time continuance by the clerk:
1) Non-Prosecutor Contested Hearings
2) Non-DV and Non-DUI Arraignments
3) For a first time continuance of a Pre trial hearing,
the Court will require an agreed motion to continue, filed
with a speedy waiver if applicable at least 48 hours before
the scheduled hearing. Upon receiving the agreed order
and/or waiver, the clerk will reschedule the hearing.
If a motion for continuance is received and it is not
agreed, the clerk will file the motion in the court file.
The motion to continue will be determined by the Judge at
the scheduled hearing.
[Adopted effective September 1, 2006]
MIMCLR 5
REQUIREMENTS FOR PAYMENT OF JURY FEES
(a) If a defendant requests a jury trial, and does not
waive his or her right to a jury trial within 24 hours prior
to the scheduled trial or otherwise notifies the Court that
the jury trial will not proceed, and the Court incurs the
expense of summing the jurors, the defendant may be
responsible for payment to the Court in the amount of costs incurred.
(b) If a jury trial is scheduled and the prosecutor does
not notify the court within 24 hours the jury trial will not
proceed due to known evidentiary problems, and the Court
incurs the expense of summing the jurors, the Prosecutor may
be responsible for payment to the Court in the amount of
costs incurred.
[Adopted effective September 1, 2006]
MIMCLR 6
CONFIRMATION OF JURY TRIAL
Both parties shall confirm with the Court Clerk whether or
not a case set for jury trial is going to be tried to a jury
no later than 1:30 p.m. on the court day preceding the date
that the case is set for jury trial. Failure to confirm may
result in the imposition of sanctions against either or both
parties, pursuant to MIMCLR 5.
[Adopted effective September 1, 2006]
MIMCLR 7
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 Mercer Island 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 Mercer
Island 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).
(Adopted effective September 1, 2006)
MIMCLIR 1
ADOPTION OF LOCAL RULES
These rules are adopted pursuant to IRLJ 1.3.
[Adopted effective September 1, 2006]
MIMCLIR 2
TITLE OF RULES
These rules may be known and cited as the Mercer Island Municipal
Court Infraction Local Rules. The infraction rules shall be referred
to as MIMCLIR.
[Adopted effective September 1, 2006]
MIMCLIR 3
SPEED MEASURING DEVICE: DESIGN AND CONSTRUCTION CERTIFICATION
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.
[Adopted effective September 1, 2006]
MIMCLIR 4
DECISION ON WRITTEN STATEMENTS
Upon timely request for a hearing to contest or mitigate a
traffic infraction, the Court shall send the defendant
written notice of the hearing date and time. The defendant
will also be sent a letter describing the hearing by mail
option and a declaration form that must be completed by the
defendant and any witnesses. If a defendant elects to
proceed by mail, the Court shall review the police officer's
statement and declarations submitted by the defendant and
issue a written decision by mail. Declarations must be
received by the Court no later than the scheduled hearing
time or they will not be considered.
[Adopted effective September 1, 2006]
MIMCLIR 5
NOTICE OF APPEARANCE REQUIRED FOR CONTESTED HEARINGS
Attorneys appearing on behalf of clients shall file a Notice
of Appearance with the Court and Prosecutor no later than 3 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, even if the date is beyond
speedy trial requirements.
[Adopted effective September 1, 2006]
MIMCLIR 6
PROOF OF INSURANCE
If a defendant who is charged with driving a motor vehicle
without having proof of valid insurance pursuant to RCW
46.20, and that defendant presents satisfactory evidence
that they have obtained valid insurance to the Clerk of the
Court within 15 days of the date of the citation, for the
vehicle the defendant was operating on the day he/she was
cited, then the bail for the offense shall be reduced to $250.00.
If the defendant presents satisfactory evidence of
valid insurance being in effect at the time the citation was
issued, for the vehicle the defendant was operating, within
15 days of the date of the citation, then the
offense shall be dismissed upon payment of the $25 administrative fee.
[Adopted effective September 1, 2006]
MIMCLIR 7
DRIVING WITHOUT A LICENSE
If a defendant who is charged with driving a motor vehicle
without having a valid driver's license issued to Washington
residents pursuant to RCW 46.20, and that defendant presents valid
license proof to the court clerk, then the fine for the offense
shall be reduced to $250.
[Adopted effective September 1, 2006]
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