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Olympia Municipal Court
Local Court Rules
Table of Rules
OMCLR 1 Adoption and Scope of Local Rules
OMCLR 2 Title of Rules
OMCLR 3 Video Conference Proceedings
OMCLR 4 Arraignment
OMCLR 5 Discovery - Assigned Counsel
OMCLR 6 Pretrial Motions
OMCLR 7 Pretrial Hearings
OMCLR 8 Continuances
OMCLR 9 Evidence - Court's Custody of Exhibits
OMCLR 10 Decision on Written Statements
OMCLR 10 Infractions Discovery - Rescinded September 1, 2009
OMCLR 11 Infractions - Fines - No Proof of Liability Insurance
OMCLR 12 Infractions - Fines - No Valid License With Valid Id
OMCLR 13 Speed Measuring Device - Infraction - Rescinded
OMCLR 1 ADOPTION AND SCOPE OF LOCAL RULES
These rules are adopted pursuant to GR 7, CrRLJ 1.7 and IRLJ
1.3 of the Washington Court rules. These rules govern the
procedure in the City of Olympia Municipal Court and are
supplemental to the rules enacted by the Washington State
Supreme Court for Courts of Limited Jurisdiction. The Court
may modify or suspend any of these local Court rules in any
given case upon good cause being shown or upon the Court’s
own motion.
OMCLR 2 TITLE OF RULES
These rules shall be known as the Olympia Municipal Court
Local Rules and may be cited as OMCLR.
OMCLR 3 VIDEO CONFERENCE PROCEEDINGS
1. 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 with
each other 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 Court. Any party may request an
in-person hearing under this section, which may in the
Court’s discretion be granted.
2. Other trial court proceedings including the entry of a
statement of Defendant on Plea of Guilty as defined by CrR
4.2 and 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 Court pursuant to this
local court rule.
3. The judge, counsel, all parties, and the public must be
able to see and hear each other during video proceedings,
and may speak as permitted by the Court. 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 must be located
next to the defendant and the proceeding must be conducted
to assure that the interpreter can hear all participants.
4. For purposes of video conference proceedings, the
facsimile signatures of the defendant, counsel, interested
parties and the Court will be treated as if they were an
original signature. This includes all orders on Judgment and
Sentence, No Contact Orders, Statements of Defendant on Plea
of Guilty, and other documents or pleadings as the Court
shall determine are appropriate or necessary.
OMCLR 4 ARRAIGNMENT
Arraignments shall be in accordance with CrRLJ 3.4 and 4.1.
A lawyer may, pursuant to CrRLJ 4.1(d), enter an appearance
on behalf of a client except in cases in which the docket or
charging document states that one or more of the charges
involves domestic violence, harassment, violation of a no
contact order, protection order or anti-harassment order,
stalking, driving under the influence, physical control, or
minor under 21 operating motor vehicle after consuming
alcohol - whereupon defendant's presence is mandatory. The
Court Clerk may continue an arraignment at the request of
the defendant or counsel for no more than two weeks, except
in cases in which the docket or charging document states
that one or more of the charges involves an offense listed
above.
OMCLR 5 DISCOVERY - ASSIGNED COUNSEL
The prosecuting authority shall provide discovery to counsel
appointed at public expense within fourteen (14) days of the
prosecuting authority's receipt of the order appointing
counsel or other notification of appointment by the Court.
The order appointing counsel or other notification of
appointment by the Court shall be considered a written
demand for discovery, thereby triggering the prosecuting
authority's discovery obligations under CrRLJ 4.7(a).
OMCLR 6 PRETRIAL MOTIONS
A. Motions to dismiss or suppress physical, oral or
identification evidence other than motions made
pursuant to CrRLJ 3.5 shall be in writing supported by
legal grounds or authorities, and by an affidavit or
document as provided in CrRLJ 3.6 and RCW 9A.72.085 or
any law amendatory thereto, setting forth the facts the
moving party anticipates will be elicited at a hearing.
If there are no disputed facts, the Court shall
determine whether an evidentiary hearing is required.
If the Court determines no evidentiary hearing is
required, the Court shall set forth its reasons for not
conducting an evidentiary hearing.
2. Pleadings required for compliance with this rule shall be
submitted in writing and filed by the moving party at
least 14 days prior to the pretrial motion hearing with
the Court and City Prosecutor’s Office. Responsive
pleadings shall be filed within 10 days from the date
of receipt of the motion and supporting pleadings with
the moving party and the Court.
OMCLR 7 PRETRIAL HEARINGS
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 pretrial hearing. The
pretrial hearing shall provide an opportunity for
negotiation between the parties. The defendant shall be
required to attend the pretrial hearing unless specifically
excused by the Court. Failure to appear at the pretrial
hearing may result in the issuance of a bench warrant and
/or forfeiture of any bond or bail. Any disposition reached
between the parties shall be stated on the record at the
pretrial hearing unless otherwise agreed.
OMCLR 8 CONTINUANCES
Unless otherwise duly noted for motion, all requests to
continue pretrial hearings, motions, trial dates, failure to
comply hearings, and/or other final dispositions will
require the agreement of both parties before such request
will be submitted to the Court for approval except as
otherwise provided under OMCLR 4. All motions for
continuances must be made in writing or on the record.
OMCLR 9 EVIDENCE - COURT’S 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. For purposes of this rule, the appeal period
shall begin on the day of sentencing or deferral of
sentencing following a finding of Guilty by the Court.
Exhibits not withdrawn shall be delivered by the Court to
the Olympia Police Department for disposition as abandoned
property; or, if contraband, for destruction. No exhibit
shall be released by the Court without its first being
receipted for by the receiving person.
OMCLR 10.
DECISION ON WRITTEN STATEMENTS
Mitigation and contested hearings based on written or e-mail statements,
given under penalty of perjury as provided for in IRLJ 2.4(b)(4) and IRLJ
2.6(c), are authorized. This court adopts the procedures authorized by IRLJ
3.5. To be considered by the court, the court must receive written or e-mail
statement(s) no later than seven (7) calendar days before the scheduled
hearing. In accordance with the provisions of IRLJ 3.5, such hearings are not
governed by the Rules of Evidence, and there shall be no appeal from a decision
on written or e-mail statement(s). Statements authorized by this rule shall be
in substantially the following format:
For contested hearings:
I hereby state as follows:
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. I understand that the court's decision is final
and there shall be no reconsideration or appeal from a decision on a
written statement.
I certify (or declare) under penalty of perjury under the laws of the
State of Washington that the foregoing is true and correct.
___________________________ _____________________________
Date and Place Signature
I understand that if this form is submitted by e-mail, my typed name on the
signature line will qualify as my signature for purposes of the above certification.
For mitigation hearings:
I hereby state as follows:
I promise to pay the monetary penalty authorized by law or, at the
discretion of the court, any reduced penalty that may be set. I
understand that the court's decision is final and there shall be no
reconsideration or appeal from a decision on a written statement.
I certify (or declare) under penalty of perjury under the laws of the
State of Washington that the foregoing is true and correct.
___________________________ _____________________________
Date and Place Signature
I understand that if this form is submitted by e-mail, my typed name on the
signature line will qualify as my signature for purposes of the above certification.
[Adopted effective January 9, 2006]
OMCLR10.
Infractions Discovery
Discovery requests for material other than a copy of the infraction, the
officer's report and the speed measuring device certification must be set for
hearing to determine the relevance of such requests.
[Adopted effective September 1, 2000]
[Rescinded effective September 1, 2009]
OMCLR 11
INFRACTIONS - FINES - NO PROOF OF LIABILITY INSURANCE
1. If a person who has been cited with a violation of
RCW 46.30.020 (failure to have proof of liability insurance)
presents to the Court Clerk evidence that the person had in
effect at the time of the citation liability insurance as
required by RCW 46.30.020, then, upon payment of twenty-five
dollars ($25.00) administrative costs, the case shall be
dismissed and the Court Clerk shall be authorized to make
appropriate notation of the dismissal in the Court file.
This section is applicable only if the person charged has
otherwise complied with all rules and procedures that govern
responding to notices of infraction.
2. If a person charged with violation of RCW
46.30.020 (failure to have proof of liability insurance) is
able to show evidence that the person has subsequently
obtained liability insurance in conformity with the
requirements of RCW 46.30.020, then the penalty shall be
reduced to one hundred fifty dollars ($150.00) for a first
offense, two hundred dollars ($200.00) for a second offense,
and two hundred fifty dollars ($250.00) or a third or more
offense, unless otherwise ordered by the Court. Upon
payment of the required penalty as set forth above, the
Court Clerk shall be authorized to enter a finding that the
infraction was committed, make appropriate notations in the
Court record, and the person will be relieved of any further
need to appear in Court in connection with the infraction.
This section is applicable only if the person charged has
otherwise complied with all rules and procedures that govern
responding to notices of infraction
OMCLR 12
INFRACTIONS - FINES - NO VALID LICENSE WITH VALID ID
If a person charged with violation of RCW 46.20.015 (No
Valid Operator's License with Valid Identification) is able
to show proof of subsequently acquiring a valid operator's
license, then the fine shall be reduced to one hundred fifty
dollars ($150.00) unless otherwise ordered by the Court.
Upon payment of the required penalty as set forth
above, the Court Clerk shall be authorized to enter a
finding that the infraction was committed, make appropriate
notations in the Court record, and the person will be
relieved of any further need to appear in Court in
connection with the infraction. This section is applicable
only if the person charged has otherwise complied with all
rules and procedures that govern responding to notices of infraction.
OMCLR 13.
Speed Measuring Device - Infraction
Rescinded
[Adopted effective September 1, 2001; Rescinded effective September 1, 2010.]
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