| |
Napavine Municipal Court
Local Court Rules
Table of Rules
Preface
NMLARLJ 1 Scope Of Local Court Rules
NMLARLJ 2 Decorum
NMLARLJ 3.1 Hearings on Written Statements
NMLARLJ 3.2 Decision on Written Statements
NMLARLJ 4 Schedule of Fees
PREFACE
1. Promulgation. These rules shall been known as the
Local Rules for Municipal Court of Napavine, County of
Lewis, State of Washington. Copies of these rules will be
filed with the Office of the Administrator of the Courts,
and the Clerk of the Municipal Court of Napavine. Copies of
these rules will be distributed to the county Law Library
for public reference. These rules will be effective on
September 1, 2006.
2. Numbering. Consistent with GR 7 Washington Court
Rules, these rules to the extent possible, conform in
numbering system and in format to those rules adopted by the
Supreme Court of the State of Washington for courts of
limited jurisdiction and facilitate the use of the same.
The number of each rule is preceded by abbreviation "NML"
designation the rule as Napavine Municipal Local Rule and
being supplemental to the corresponding Washington Court
Rule for the Courts of Limited Jurisdiction.
3. Revisions and Additions (reserved).
NMLARLJ 1.
SCOPE OF LOCAL COURT RULES
These rules govern the procedures in the Municipal Court of
Napavine, County of Lewis, State of Washington. These rules
are supplemental to the rules enacted by limited jurisdiction
as specifically authorized by GR 7, CRLJ 83, CrRLJ 1.7, and
IRLJ 1.3 of the Washington Court Rules. The court may modify
or suspend any of these local rules in any given case upon
good cause being shown or upon the court's own motion.
1. Appearance following arrest.
(a) Defendant having been arrested for Driving Under the
Influence, RCW 46.61.50571, must appear in court on the
earliest practicable day as defined herein.
(b) Earliest practicable day is defined as the next
regularly scheduled court session.
(Effective September 1, 2006)
NMLARLJ 2.
DECORUM
1. Courtroom Decorum. All attorneys and other individuals in
the courtroom shall abide by the following rules of conduct.
(a) Always be Prompt. Be in the courtroom ready to proceed at
the appointed time.
(b) Dress appropriately to the serious Nature of the Matter
before the Court. Shorts and other kinds of beach apparel are not
appropriate. Clothing advertising alcoholic beverages or illegal
drugs are not appropriate. Hats are not to be worn in the courtroom.
(Effective September 1, 2006)
NMLARLJ 3.1.
HEARINGS ON WRITTEN STATEMENTS
1. The court authorizes mitigation hearings and contested hearings
on written statements in lieu of a defendant's personal appearance.
(a) A defendant may submit a written statement as a response
to a notice of infraction within 15 days of the date the
notice is personally served or, if the notice is served by
mail, within 18 days of the date the notice is mailed.
Additionally, a defendant who has requested a mitigation
hearing or contested hearing may submit a written statement
later in lieu of personally appearing at the hearing. The
written statement must be received by the time of the hearing.
(b) A written statement that does not clearly request to
contest a notice of infraction will be treated as a request to
explain mitigating circumstances.
(c) A written statement may be delivered to the court in
person, by United States mail or any other delivery service,
and by facsimile. The court's contact information is as follows:
Address: Napavine Municipal Court
PO Box 810
Napavine, WA 98565
Facsimile: (360) 262-9885
(d) A written statement shall contain the person's promise to
pay the monetary penalty authorized by law if the infraction
is found to be committed. The statement shall be executed in
compliance with RCW 9A.72.085, in substantially the following form:
Name of Defendant: ________________________________________________
Address: __________________________________________________________
Infraction Number: _________ (Located in the upper right hand corner of citation)
I wish to mitigate infraction [ ]
I wish to contest infraction [ ]
Statement:_________________________________________________________
___________________________________________________________________
I certify (or declare) under penalty of perjury under the
laws of the State of Washington that the foregoing is
true. I promise that if it is determined that I
committed the infraction for which I was cited, I will pay
the monetary penalty authorized by law and assessed by the court.
Executed this _______day of _________, 20__ at ______________, _____. (City/State)
________________________ ________________________________
(Print Name) (Signature)
(Effective September 1, 2006)
NMLARLJ 3.2.
DECISION ON WRITTEN STATEMENTS
1. The court is authorized to enter decisions based upon
written statements on infraction
cased involving contested and mitigation hearings and
request for deferred findings.
(a) In infraction cases where the respondent has requested,
the court will conduct a mitigation hearing as authorized
under RCW 46.63.100 as now enacted or hereafter amended, or
consider a petition to defer the finding, or conduct a
contested hearing based upon the written statements of the
City's witness(es), if provided, and the Respondent,
pursuant to IRLJ 3.5.
The examination shall take place within 120 days after
the respondent filed the response to the notice of
infraction. The examination may be held in chambers and
shall not be governed by the Rules of Evidence.
(b) Factual Determination. In contested cases, the court
shall determine whether the plaintiff has provided
preponderance of all evidence submitted that defendant has
committed the infraction.
(c) A petition for a deferred finding which is denied by
the court will be treated as a request for a mitigation
hearing on written statements.
(d) Disposition. If the court determines that the
infraction has been committed, or the review was based upon
a request for mitigation or a deferred finding, the court
may assess a penalty and any appropriate and permitted costs.
(e) Notice to Parties. The court shall notify the parties
in writing whether an infraction was found to have been
committed and the amount of the penalty imposed, if any.
(f) No Appeal Permitted. There shall be no appeal from a
decision on written statements.
(Effective September 1, 2006)
NMLARLJ 4.
SCHEDULE OF FEES
The following shall be the schedule of fees charged for certain
official services provided by the Municipal Court. These amounts
are consistent with RCW 3.62.060.
Duplication of Electronic Records $ 10.00 per Tape
Paper Copy Expense $ .25 per page
Certified Copy $ 5.00 document
Postage Actual Cost
Appeals (Preparation & Tape) $ 40.00
(Effective September 2006)
|
|
