PUYALLUP MUNICIPAL COURT
LOCAL RULES
Table of Rules
1. Purpose, Scope and Construction
1.1 Adoption
1.2 Title of Rules
1.3 Effect of Local Rules
1.4 Reservation of Discretion
3. Rights of Defendant
3.1 Arraignment Date
3.2 Release of Accused
4. Procedures Prior to Trial
4.1 Appearance of Defendant
4.2 Continuances
4.3 Pretrial Conference
4.4 Trial Readiness Hearing
6. Procedures at Trial
6.1 Jury Instructions
8. Infractions
8.1 Decision on Written Statements
9. Miscellaneous
9.1 Schedule of Fees
1.1 ADOPTION
These rules are adopted pursuant to CrRlJ 1.7 and GR 7 and
supersede any and all Local Court Rules heretofore adopted
by the Puyallup Municipal Court.
{ Adopted effective September 1, 2002 }
1.2 TITLE OF RULES
These rules may be known and cited as Puyallup Municipal
Court Local Rules, and shall be referred to as PUMCLR.
{ Adopted effective September 1, 2002 }
1.3 EFFECT OF LOCAL RULES
The provisions of the Local Rules are supplemental to the
Rules for the Courts of Limited Jurisdiction, as adopted or
hereafter amended by the Supreme Court of the State of Washington, and
shall not be construed in conflict with them.
{ Adopted effective September 1, 2002 }
1.4 RESERVATION OF DISCRETION
The Puyallup Municipal Court reserves the authority to
interpret and/or suspend or modify these rules in individual cases on
motion of a party for good cause or on a motion of the Court
in the interest of justice and/or the efficient operation of the
Court.
{ Adopted effective September 1, 2002 }
3.1 ARRAIGNMENT DATE
The arresting officer shall set the defendant’s arraignment
date and time when issuing a citation in all cases charging a
criminal traffic and criminal non-traffic offense. The
arraignment date set shall be the next regularly scheduled
arraignment date, except as provided below. For citations
charging Driving Under the Influence, Driver Under
Twenty-one Consuming Alcohol, or Physical Control of Vehicle
under the Influence, as defined
in R.C.W. 46.61.502, 503 or 504, or any Domestic Violence
offense as defined in R.C.W. 10.99.020 as
enacted or hereinafter amended, the arraignment date shall
be the next regularly scheduled Court session.
{ Adopted effective September 1, 2002 }
PUMCLR 3.2
RELEASE OF ACCUSED
PUMCLR 3.2 (o) Bail in Criminal Offense Cases - Mandatory Appearance.
(1) Bail Schedule:
When required to reasonably assure appearance in court
for those persons arrested and detained in jail for new offenses, bail shall be
set in accordance with the bail schedule approved by the presiding judge.
(2) Hold Pending Appearance Before a Judge - Domestic Violence Offenses:
The bail schedule approved by the presiding judge shall require that a person
subjected to custodial arrest for a Domestic Violence offense as defined in RCW
10.99.020 shall be held in custody in a non-bail status pending appearance
before a judge at the next regularly scheduled in-custody Court session
following booking and shall be issued a Pre-Arraignment No Contact Order prohibiting
the arrested person from having contact with the protected person or persons.
(Adopted effective September 1, 2009)
4.1 APPEARANCE OF DEFENDANT
Pursuant to CrRLJ 3 and 4, an attorney may enter an
appearance and/or plea of not guilty on behalf of a defendant in any
criminal non-traffic or criminal traffic offense, if said appearance or
plea is made in writing or made in open court. However,
if the defendant is charged with Driving Under the Influence,
Driver Under Twenty-one Consuming Alcohol, or Physical Control
of Vehicle Under the Influence, as defined in R.C.W. 46.61.502,
503 and 504, or any Domestic Violence offense as defined
in R.C.W. 10.99.020 as enacted or hereinafter amended,
the defendant must appear personally before the Court for arraignment.
{ Adopted effective September 1, 2002 }
4.2 CONTINUANCES
(a) All motions for continuance shall be in writing and
must set forth the reason for the requested continuance and the dates
of prior continuances indicating which party requested each.
(b) Requests for Continuance of Jury Trial must be received
by the Court no less than 48 hours prior to jury trial.
Failure to comply with this rule may result in the
imposition of terms relating to the expense incurred by the Court
including,but not limited to, the costs of jury fee payments and
mileage reimbursements.
{ Adopted effective September 1, 2002 }
4.3 PRETRIAL CONFERENCE
(a) Hearing to be set. In all cases in which a defendant
has entered a plea of not guilty, a pretrial conference shall be
set. The hearing shall provide an opportunity for plea negotiations,
resolutions of discovery issues, and trial setting. If the case is to be
set for trial, an order shall be entered setting forth the following,
if applicable:
(i) discovery schedule;
(ii) date and nature of pretrial motions;
(iii) date of readiness hearing;
(iv) date of trial; and
(v) time for filing witness lists.
(b) Presence Required. The prosecuting attorney, defense
attorney and defendant shall be required to attend the pretrial
conference. Personal appearance of any of these parties shall not be waived
without prior Court approval.
{ Adopted effective September 1, 2002 }
4.4 TRIAL READINESS HEARING
(a) Readiness Hearing Set. The Court shall, in its
discretion, set trial readiness hearings in criminal cases set for
trial.
(b) Appearance. Appearance by the prosecuting attorney,
defense attorney and the defendant is required. Appearance
by the attorneys who will be trying the case is preferred.
For good cause, substitute counsel may attend on behalf of
trial counsel so long as counsel is prepared to answer the
inquiries of the Court.
(c) Procedure at Hearing. At the trial readiness
hearing, the Judge may inquire as to whether the case is
expected to go to trial, whether the defendant
expects to waive his/her right to jury, the number of
witnesses expected to be called, the anticipated length of
the trial, the number and nature of any motions
and any other matter necessary to administer the trial
efficiently. Any anticipated problems should be brought
to the Court’s attention.
(d) Failure to Appear at Hearing. The Court will strike
the jury trial and may issue a bench warrant for a defendant
who fails to appear at the Readiness Hearing.
{ Adopted effective September 1, 2002 }
6.1 JURY INSTRUCTIONS
Jury instructions shall be filed with the Court and provided
to the opposing party on the day of trial, unless otherwise ordered by the
Court. Two sets ofinstructions shall be filed with the Court, one with
citations, and one without citations. The set with citations shall be assembled in
numbered sequence and stapled together. The set without citations shall be
submitted to the Court in the same order as the cited set, and shall be paper clipped
together. One copy of the set with citations shall be provided to the opposing counsel
or party.
{ Adopted effective September 1, 2002 }
8.1 DECISIONS ON WRITTEN STATEMENTS
Mitigation and Contested infraction hearings based on
written statements, given under penalty of perjury as
provided for in IRLJ 2.4 (b) (4) and IRLJ 2.6 (c),are authorized.
The procedures authorized by IRLJ 3.5 are adopted by this
Court. To be considered, the written statement (s) must be received by
the Court pursuant to written instructions provided to the defendant.
{ Adopted effective September 1, 2002 }
9.1 SCHEDULE OF FEES
The following shall be the schedule of fees charged for
certain official services provided by the Puyallup Municipal Court.
These amounts are consistent with R.C.W. 3.62.060.
Duplication of Electronic Records $ 10.00 PerTape
Paper Copy Expense $ 1.00 1st page
Each Additional Page .15 cents
Certified Copy $ 5.00 document
Postage Actual Cost
Appeals (Preparation & Tapes) $ 40.00
JIS Data dissemination charges will be set in accordance
with the Administrative Office of the Courts.
This rule does not apply to law enforcement agencies,
governmental agencies,or other departments within the City of Puyallup,
or criminal cases involving indigent counsel.
{ Adopted effective September 1, 2002 }
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