Montesano Municipal Court
Local Court Rules
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 on Contested Infractions
17. Automatic withdrawal of Attorney Appointed at Public Expense
18. Decisions on Written Statements
19. 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 1, 2010.]
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 1, 2010.]
RULE 3.
COURT SESSIONS
Court sessions shall be held in the Montesano City Hall, and at such other
times and places as the court may deem necessary for its proper administration
on the following schedule:
(A) 9:00 a.m. on the first and third Tuesday of each month for
arraignments, mitigation and contested hearings, sentencings, show cause and
review hearings and such other matters as the court may schedule;
(B) 9:00 a.m. on the second Tuesday of each month for Special hearings and
such other matters as the court may schedule
(C) 10:30 a.m. on the fourth Tuesday of each month for non-jury trials;
(D) 1:00 p.m. on the fourth Tuesday of each month for pre-trial
conferences, arraignments, mitigation and contested hearings, sentencings, show
cause and review hearings and such other matters as the court may schedule
[Amended September 1, 2011]
RULE 4.
JUDGE ASSIGNMENT
All cases filed in the court are assigned to the appointed judge of the court.
[Adopted September 1, 2010.]
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.
[Adopted September 1, 2010.]
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 1, 2010.]
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 1, 2010]
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 1, 2010.]
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 1, 2010]
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) Waiver of Time for Trial Right. A waiver of time for trial right 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 1, 2010.]
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 1, 2010.]
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 1, 2010.]
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 1, 2010]
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 1, 2010.]
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. A $10 fee shall be assessed per payment plan, traffic
infraction only. 46.43.110 [6][c]
(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 Restitution. The court may impose community restitution 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 1, 2010.]
RULE 16.
NOTICE OF APPEARANCE IN CONTESTED INFRACTION
(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.
[Adopted September 1, 2010.]
RULE 17.
AUTOMATIC WITHDRAWAL OF ATTORNEY AT PUBLIC EXPENSE
Unless a Notice of Appeal has been filed, an attorney appointed at public
expense shall be deemed automatically withdrawn from representation thirty days
following a final decision of the court as defined in RALJ without need to file
any document with the court.
[Adopted September 1, 2010.]
RULE 18.
DECISIONS ON WRITTEN STATEMENTS
Upon the request of the defendant made in writing at least 1 day prior to the
date and time set for a contested hearing, the court may consider and decide
the case on the basis of written statements, according to the procedure set
forth in IRLJ 3.5, as now or hereafter amended. The court may also decide cases
set for mitigation hearing on the basis of written statements upon request of
the defendant.
(B) 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 effective September 1, 2010.]
RULE 19.
USE OF A COLLECTION AGENCY AND ASSESSMENT AS COURT COST OF AMOUNTS PAID FOR
COLLECTION 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
Montesano 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, 2010.]
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