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Normandy Park Municipal Court
Local Court Rules
Table of Rules
Local Criminal Rules
NPMCLR 1.0 Adoption of Local Rules
NPMCLR 2.0 Title of Rules
NPMCLR 3.0 Filing of Papers and Form of Pleadings
NPMCLR 4.0 Video Conference Proceedings
NPMCLR 5.0 Presiding Judge
NPMCLR 6.0 Magistrates
NPMCLR 7.0 Requirement for Payment on Courtesy Warrant Calendar
NPMCLR 8.0 Time - Enlargement
NPMCLR 9.0 Evidence - Courts Custody of Exhibits
NPMCLR 10.0 Use of a Collection Agency and Assessment as Court Cost of amounts
Paid for Collection Services
NPMCLR 11.0 Bail/Domestic Violence New Offenses
Local Infraction Rules
NPMCLIR 1.0 Speed Measuring Device: Design and Construction Certification
NPMCLIR 2.0 Requirements for Payment following Infraction Hearings
NPMCLIR 3.0 Decision on Written Statements
NPMCLIR 4.0 Infraction - Prehearing Conference
NPMCLR 1.0
ADOPTION OF LOCAL RULES
These rules are adopted pursuant to CrRLJ 1.7.
NPMCLR 2.0
TITLE OF RULES
These rules may be known and cited as the Normandy Park Municipal
Court Local Rules and shall be referred to as NPMCLR.
(Adopted effective July 1, 2005)
NPMCLR 3.0
FILING OF PAPERS AND FORM OF PLEADINGS
(a) Action Documents. Pleadings or other papers requiring
action on the part of the court or court clerk (other than file
stamping, docketing and placing in the court file) shall be
considered action documents. Action documents shall include a
special caption directly below the case number on the first page,
stating: "Clerk's Action Required". The action to be taken must
be stated next to or directly beneath the special caption. The
clerk will not search through letters, notices of appearance,
requests for discovery, or other materials to locate possible
requests for action items.
(b) Format. All pleadings and other papers shall include the
following, unless otherwise authorized by the court:
(1) Service and Filing. Space should be provided at the top
of the first page of a document allowing on the right half for
the clerk's filing stamp, and in the left half for proof of, or
acknowledgement of, service.
(2) Numbered Paper. All pleadings, motions, affidavits,
briefs, and other supporting documents prepared by parties should
be on paper with line numbering in the left hand margin.
(c) Handling by Clerk. All pleadings or other papers with
proper caption and cause number will be date receipted, docketed
and placed in the court file by the Clerk of the Municipal Court
in the order received.
(d) Form of Pleadings. Pleadings in compliance with this
rule shall be in substantially the following form:
SPACE FOR SERVICE / SPACE FOR COURT FILING
PROOF / STAMP
/
IN THE MUNICIPAL COURT FOR THE CITY OF NORMANDY PARK,
KING COUNTY, STATE OF WASHINGTON
City of Normandy Park, )
Plaintiff, ) CAUSE NO. XXXXXXX
)
) CLERK'S ACTION REQUIRED
) (Note action required here or in
) first paragraph)
)
) MOTION TO SET REVIEW
vs. )
)
__________________________,)
Defendant )
CLERK'S ACTION REQUIRED: (note action required here or in caption).
(Adopted effective July 1, 2005)
NPMCLR 4.0
VIDEO CONFERENCE PROCEEDINGS
(a) Criminal. Preliminary appearances as defined by CrR
3.2(b) and CrRLJ 3.2.1(d), arraignments as defined by CrR 3.4 and
4.1 and CrRLJ 3.4 and 4.1, bail hearings as defined by CrR 3.2
and CrRLJ 3.2, and trial settings, as defined by CrR 3.3 and
CrRLJ 3.3(f), conducted via video conference in which all
participants can simultaneously see, hear, and speak as
authorized by the Court, shall be deemed held in open court and
in the defendant's presence for the purposes 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 trial court Judge. Any party may request an in-
person hearing which may, in the Judge's discretion be granted.
(b) Agreement. Other trial court proceedings 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 Judge.
(c) Standards for Video Conference Proceedings. The Judge,
counsel, all parties, and the public attending the hearing must
be able to see, hear, and speak as authorized by the Court during
proceedings.
Video conference facilities must provide for confidential
communications between attorney and client and security
sufficient to protect the safety of all participants and
observers. In interpreted proceedings, the interpreter should be
located next to the defendant, and the proceeding must be
conducted to assure that the interpreter can hear all participants.
(Adopted effective July 1, 2005)
NPMCLR 5.0
PRESIDING JUDGE
(a) The Judge duly appointed as Judge of the Normandy Park
Municipal Court will be known as the Presiding Judge.
(b) The Presiding Judge shall be responsible for the
efficient administration of the court. The Presiding Judge shall
supervise the preparation and filing of all reports required by
statute or rule and shall perform such other duties as may be
prescribed by statute, ordinance or rule.
(c) The Presiding Judge shall direct the work of the Court
Administrator who will have direct supervision over all
administrative, non-judicial functions and all other court
personnel except that the Presiding Judge shall directly
supervise the Judge Pro-Tempore(s) and magistrate(s).
(Adopted effective July 1, 2005)
NPMCLR 6.0
MAGISTRATES
The Court may employ judicial officers as magistrates, who shall
serve at the pleasure of the Judge. Each must be appointed in
accordance with RCW 35.20.200, 35.20.205, and the Normandy Park
Municipal Code as judge pro tempore. Magistrates shall hear
infraction cases as provided by the infraction rules for courts
of limited jurisdiction and RCW 46.63, or any law amendatory
thereof. Magistrates shall also, perform such other duties as may
be assigned to them by the judge.
(Adopted effective July 1, 2005)
NPMCLR 7.0
REQUIREMENT FOR PAYMENT ON COURTESY WARRANT CALENDAR
A defendant who has been charged with a criminal violation and
has an outstanding warrant in the Normandy Park Municipal Court
may requests to attend the courtesy warrant calendar Court costs
shall be collected by the Normandy Park Municipal court when the
defendant appears in court and requests to appear on the courtesy
warrant calendar.
(Adopted effective July 1, 2005.)
NPMCLR 8.0
TIME - ENLARGEMENT
Upon the non-appearance of a defendant at the time and place
scheduled by the court and warrant of arrest issued, the
defendant's bail or bond may be ordered forfeited with or without
further proceedings upon motion of the City Attorney or upon the
court's own motion. If the necessary witnesses do not appear at
the time scheduled by the court, the court may dismiss such
action unless a good cause for such non-appearance is shown. No
such action shall be taken until fifteen (15) minutes after the
scheduled appearance time.
(Adopted effective July 1, 2005.)
NPMCLR 9.0
EVIDENCE - COURTS CUSTODY OF EXHIBITS
In a criminal case every exhibit 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
finding of guilty, for purpose of this rule, the appeal period
shall begin on the day of sentencing or deferral of sentencing by
the court. Exhibits not withdrawn shall be delivered by the court
to the Normandy Park Police Department 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.
(Adopted effective July 1, 2005.)
NPMCLR 10.0
USE OF A COLLECTION AGENCY AND ASSESSMENT AS COURT COST OF
AMOUNTS PAID FOR COLLECTION SERVICES
(a) The court shall 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 Normandy Park and said
collection agency, and may be subsequently amended.
(b) 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 by the court to the collection agency.
(Adopted effective July 1, 2005.)
NPMCLR 11.0
BAIL/DOMESTIC VIOLENCE NEW OFFENSES
When required to reasonably assure appearance in court for those
persons arrested and detained in jail for new offenses, bail
shall not be set for accused persons arrested for new offenses
involving domestic violence or violation of an anti-harassment
except at the preliminary appearance or arraignment.
(Adopted effective July 1, 2005.)
NPMCLIR 1.0
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 by 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 July 1, 2005)
NPMCLIR 2.0
REQUIREMENTS FOR PAYMENT FOLLOWING INFRACTION HEARINGS
(a) If a defendant who has been charged with a traffic or
other infraction filed with the Normandy Park Municipal
Court is found to have committed that infraction, the
defendant shall make payment in full of the amount of the
penalty at the time of the hearing in which the defendant
was found to have committed the infraction. The court may
reduce a fine penalty amount only upon a showing of
exceptional circumstances.
(b) Time payments on infractions will be permitted upon
court order , at the time of the hearing on the contested
infraction. The court's decision to authorize time payments
in infraction cases shall be subject to the conditions set
at the time of the order authorizing time payments.
(c) Failure to make payment on the penalties on the
committed infractions shall be enforceable pursuant to
otherwise applicable court rules, state law or
administrative code regulations.
(Adopted effective July 1, 2005)
NPMCLIR 3.0
DECISION ON WRITTEN STATEMENTS
Mitigation and contested hearings based on sworn written
statements, as provided in IRLJ 2.4(b)(4) and IRLJ 2.6 are
authorized. The written statement(s) must be received by the
Court no later than seven (7) calendar days before the scheduled
hearing or it will not be considered.
(Adopted effective July 1, 2005)
NPMCLIR 4.0
INFRACTION - PREHEARING CONFERENCE.
(a) Prehearing Conference Required - Waiver. A person cited with an
infraction who requests a hearing to contest the infraction shall
first appear at a prehearing conference. The prehearing conference
shall be scheduled in accordance with the provisions of IRLJ
2.6(a)(1). The requirement that the person appear at the prehearing
conference may be waived, in writing, provided the waiver is
received by the court before the time set for the prehearing
conference. If the defendant fails to timely waive or appear at the
prehearing conference, a default judgment shall be entered.
(b) Setting Contested Hearing. If the infractions are not resolved
following the prehearing conference, a contested hearing shall be
scheduled for not more than ninety (90) days from the date of the
prehearing conference. If the prehearing conference is waived, a
contested hearing shall be scheduled for not more than ninety (90)
days from the date the waiver of the prehearing conference is
received by the court.
(c) Prehearing Motions For Contested Infractions - Written Notice
Required. All motions to exclude evidence or dismiss an infraction
shall be filed no later than the conclusion of the prehearing
conference. If a defendant elects to waive his or her appearance at
the prehearing conference, any motion must be noted on the waiver
form filed with the court pursuant to NPMCLIR 4.0(a). A motion(s)
not timely filed shall be waived and shall not be considered by the
court. Motions timely noted shall be addressed by the court at the
time of the contested hearing.
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