ROY 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 Defendants
3.1 Arraignment Date
4. Procedures Prior to Trial
4.1 Appearances 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
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
Roy Municipal Court.
{Adopted effective September 1, 1999}
1.2 TITLE OF RULES
These rules may be known and cited as Roy Municipal Court Local
Rules, and shall be referred to as RMCLR.
{Adopted effective September 1, 1999}
1.3 EFFECT OF LOCAL RULES
The provisions of the Local Rules are supplemental to the Rules
for 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, 1999}
1.4 RESERVATION OF DISCRETION
The Roy 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 motion of the Court in the
interest of justice and/or the efficient operation of the Court.
{Adopted effective September 1, 1999}
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
offense. The date set shall be the next regularly scheduled
Court session if the citation is issued three or more days prior
to that court session. For citations not charging Driving Under
the Influence, Driver Under Twenty-one Consuming Alcohol,
Physical Control of Vehicle under the Influence or Minor 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, which are issued less than three
days prior to the next regularly scheduled court session, the
date set shall be the following regularly scheduled Court
session.
{Adopted effective September 1, 1999}
4.1 APPEARANCES OF DEFENDANT
Pursuant to CrRLJ 3 and 4, an attorney may enter an appearance
and/or plea of not guilty on behalf of a client in any criminal
or traffic offense, if said appearance or plea is made in writing
or made in open court unless the defendant is charged with
Driving Under the Influence, Driver Under Twenty-one Consuming
Alcohol, Physical Control of Vehicle under the Influence or Minor
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, in which instances the
defendant must appear personally before the court for
arraignment.
{Adopted effective September 1, 1999}
4.2 CONTINUANCES
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.
{Adopted effective September 1, 1999}
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 hearing shall be set.
Said hearing shall provide an opportunity for plea negotiations,
resolution of discovery issues, and trial setting. If a plea is
not negotiated, an order shall be entered setting forth the
following: (i) discovery schedule, (ii) date and nature of pre-
trial motions, (iii) date of readiness hearing, if set, (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
hearing. Personal appearance of any of these parties shall not
be waived without prior court approval.
{Adopted effective September 1, 1999}
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 attorneys 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.
{Adopted effective September 1, 1999}
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 of instructions 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, 1999}
8.1 DECISION ON WRITTEN STATEMENTS
(a) Generally. Mitigation and contested hearings may be
submitted to the Court on a written statement. The court shall
examine the citing officer's report and any statement submitted
by the defendant. All statements submitted by the defendant must
be received by the court within 90 days after the defendant filed
the response to the notice of infraction. The examination shall
take place within 120 days after the defendant 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. The court shall determine whether
the plaintiff has proved by a preponderance of all evidence
submitted that the defendant has committed the infraction.
(c) Disposition. If the court determines that the infraction
has been committed, it may assess a penalty in accordance with
INRLJ 3.3.
(d) Notice to Parties. The court shall notify the parties in
writing whether an infraction was found to have been committed
and what penalty, if any, was imposed.
(e) No Appeal Permitted. There shall be no appeal from a
decision on written statements.
{Adopted effective September 1, 1999}
|
