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TUKWILA MUNICIPAL COURT
LOCAL RULES
Table of Rules
Local Court Rules - TMCLR
1.7 Adoption of Local Rules
1.8 Title of Rules
2.4 Commissioners
3.1 Pre-trial Hearings
3.2 Release of the Accused
3.3 Authorization for Continuance of Arraignments
3.4 Recall of Warrants and Resetting of Cases
3.6 Suppression Procedure
4.1 Arraignments and Continuances of all Matters Other than Arraignment
4.2 Forfeiture of Bail
6.1 Evidence-Court's Custody of Exhibits
7.1 Sentencing
7.2 Restitution
8.1 Use of a Collection Agency and Assessment as Court Cost of Amounts Paid for Collection Services
8.2 Motions for Deferred Prosecution
9.1 Requirement for Payment of Administrative Probation Fees, Interpreter Service Fees,
Public Defender Fees, and Jail Booking Fees
10.1 Requirements for Payment of Jury Fees upon Cancellation of Jury Trial
10.2 Presiding Judge
10.3 Antiharassment Protection Orders
10.6 Jury Trial in Civil Cases - Rescinded
12.1 Use of Unsworn Statement in Lieu of Affidavit
13.1 Video Conference Proceedings
14.1 Zoning, Fire, Building Code Violations; Informal and Pre-trial Settlement Conferences
Local Infraction Rules TMCLIR
1.0 Speed Measuring Device: Design and Construction Certification
2.0 Requirements for Payment Following Infraction Hearings
3.0 Time for Hearing-Objections to Date
3.1 Handling of Requests for Contested Hearings after Failure to Respond
3.5 Decision on Written Statements
4.0 Proof of Insurance - Rescinded
TMCLR 1.7
ADOPTION OF
LOCAL RULES
These rules are adopted pursuant to GR7, CrRLJ 1.7 and IRLJ 1.3.
TMCLR 1.8
TITLE OF RULES
These rules may be known and cited as the Tukwila Municipal
Court Local Rules and Tukwila Municipal Court Local
Infraction Rules and shall be referred to as TMCLR and TMCLIR.
TMCLR 2.4
COMMISSIONERS
The court may employ judicial officers as commissioners, who
shall serve at the pleasure of the Presiding Judge. He/she
must be appointed in accordance with RCW 3.50.075 and TMC
2.68.040(B). Commissioners shall hear infraction cases as
provided by the infraction rules for courts of limited
jurisdiction and RCW 46.63, or any law amendatory thereof.
Commissioners shall also perform such other duties and hear
other matters as may be assigned to them by the Presiding
Judge of the Court.
TMCLR 3.1
PRE-TRIAL HEARINGS
A. General: 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 pre-trial
hearing. The pre-trial hearing shall provide an opportunity
for negotiation between the parties. The parties shall
confer in good faith regarding any agreed disposition prior
to trial. The defendant shall be required to attend the pre-
trial hearing unless excused by the court. Failure to
attend may result in the issuance of a bench warrant and/or
forfeiture of any bond. In the event of a disposition, the
parties shall execute the appropriate documents for the
judge to consider the matter on the record. Pre-trial
hearings should be held no later than 30 days after
arraignment unless otherwise approved by the court.
B. Scheduling: The court shall assign dates and give
written notice to the parties for future motion hearings and
trial at the time of the pre-trial conference and shall, in
so far as is reasonably possible, schedule those hearings in
consultation with both parties. Other factors, such as
witness availability, shall also be considered.
C. Motions: In cases which proceed to trial, the parties
shall identify with specificity all motions and counsel may
be required to articulate on the record the basis for any
motion. All rulings made at the pre-trial hearing or
subsequent motions hearing(s) shall be binding on the
parties and shall not be relitigated at trial. Any motion
not identified at pre-trial shall be deemed waived unless
otherwise allowed by the court. Counsel shall identify only
those motions for which there is a good faith belief that
the motion is well grounded in fact and is warranted by
existing law or a good faith argument for the extension,
modification or reversal of existing law. Counsel shall
comply with CrRLJ 3.6.
D. Readiness: A jury call/readiness hearing will be
scheduled in all cases proceeding to jury unless
specifically waived by the court in a particular case for
good cause shown. This calendar will be held during the
week approximately one week prior to the scheduled jury
trial or as otherwise set by the court. The defendant shall
be required to attend this hearing unless excused by the
court. Failure to attend the jury call/readiness hearing
may result in the issuance of a bench warrant and/or
forfeiture of bond. Both parties must have their witnesses
present at the readiness hearing. This requirement does not
apply to the reporting police officers, expert witnesses, or
those specifically excused by the court. Absent a showing of
good cause for their absence, witnesses who do not appear at
the readiness calendar may be stricken from the witness
list. A confirmation of readiness constitutes an assurance
that the parties will be ready to begin jury selection
immediately on the morning of trial and submit jury
instructions at the call of the jury calendar.
TMCLR 3.2
BAIL SCHEDULE
The court adopts the following bail schedule pursuant to CrRLJ 3.2(b)(7) and CrRLJ 3.2(o):
A Defendant who is detained in jail after the initial arrest for a misdemeanor
or gross misdemeanor shall be released upon posting bail in the amount of $500
for a misdemeanor and $1000 for a gross misdemeanor, except for the following offenses:
1. Domestic Violence Offenses: Defendants shall be held in non-bailable
status pending hearing the next court day following booking for any crime
alleging domestic violence under RCW 10.99.020(5) or applicable local ordinance.
2. Driving Under the Influence/Physical Control: Defendants shall be held in
non-bailable status pending hearing the next court day following booking for
Driving Under the Influence (RCW 46.61.502) or Physical Control of a Motor
Vehicle While Under the Influence (RCW 46.61.504).
3. Prostitution Related Offenses: Defendants shall be released upon posting
bail in the amount of $1000 for any prostitution related offense under RCW
9A.88.030, RCW 9A.88.090, or RCW 9A.88.110, or TMC 8.30.040 (Violation of Court
Order), or TMC 8.50.040 (Prostitution Loitering).
4. Other Non-Bailable Offenses Pending First Court Appearance by Defendant:
Defendants shall be held in non-bailable status pending hearing the next court
day following booking for these crimes:
a. Assault in the Fourth Degree (RCW 9A.36.041)
b. Harassment (RCW 9A.46.020)
c. Violation of Anti-Harassment Order (RCW 9A.46.040)
d. Stalking (RCW 9A.46.110)
e. Communicating with a Minor for Immoral Purposes (RCW 9.68A.090)
[Adopted effective January 1, 1999; amended effective September 1, 2011]
TMCLR 3.3
AUTHORIZATION
FOR CONTINUANCE
OF ARRAIGNMENTS
If a defendant requests a continuance of his or her
arraignment date without having to first appear in court,
the Clerk of the Court is authorized to continue and reset
the arraignment to a date not later than fourteen (14) days
after the date on which the arraignment was initially set on
the following conditions:
(1) The defendant who is requesting the continuance of the
arraignment shall have had no previous warrants issued
involving any criminal case for a failure to comply with a
court order.
(2) The defendant shall sign a waiver of his/her right to a
speedy trial, with that waiver waiving speedy trial rights
for a period of at least 90 days from the date of the
rescheduled/continued arraignment.
This authorization for a continuance of arraignment is not
permitted in cases involving alleged DUI, Malicious Mischief
(DV), Violation of a Court Order, Assault 4° (DV),
Harassments or any other case where a Protection Order or No
Contact Order has been requested or may be issued by the
court.
Any other requests for continuance of arraignment-whether
for a period of time longer than that authorized herein
above or for cases not meeting the above criteria-shall be
presented to the court in open session. A written motion
for continuance, with notice to the opposing party or
counsel for the opposing party, shall be required.
TMCLR 3.4
RECALL OF WARRANTS
AND RESETTING OF CASES
A. If a defendant fails to appear for a hearing before the
court and the defendant thereafter complies with each of the
below listed requirements and pays an administrative
processing fee of $100.00, the Clerk of the Court shall be
ordered and authorized to recall the warrant, or if the
warrant has not yet been processed, to not process the
warrant, and the Clerk of the Court is further authorized to
issue a new notice of hearing for the defendant.
Requirements for Warrant Recall and Rescheduling:
(1) The defendant shall personally appear and provide an
explanation for his/her failure to appear for court and
provide documentary support if appropriate.
(2) The defendant shall not have had his/her warrant
recalled previously in this manner on this particular case.
(3) The Clerk of the Court shall include in the court docket
language reflecting the defendant's failure to appear, the
defendant's explanation for the failure to appear; and the
Clerk of the Court shall insert in the court's file a copy
of the documentary support for the reasons for the
defendant's failure to appear. If all of the requirements
listed above have been met, the Clerk of the Court shall
recall the warrant or shall not process a warrant which has
been ordered and not yet issued, and the Clerk of the Court
shall issue a new notice of hearing.
B. Warrants shall not be recalled by the Clerk of the Court,
nor shall there be a delay in processing warrants unless
each of the above requirements have been met, except as
otherwise ordered by the court in open session, unless the
defendant posts bail according to the court's current bail
schedule or the schedule as outlined in CrRLJ 3.2 (m). The
court's schedule shall supersede the schedule published at
CrRLJ 3.2 (m).
C. This method of recalling warrants and resetting cases
shall not apply to Assault 4° (DV), DUI, Malicious Mischief
(DV), or Violation of a Court Order or Harassment unless,
for good cause shown, approved by the court in writing.
TMCLR 3.6
SUPPRESSION PROCEDURE
A. Pleadings and Determination regarding Hearing: Motions
to suppress physical, oral or identification evidence other
than motions pursuant to Rule 3.5 shall be in writing
supported by an affidavit or document as provided in 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 that no evidentiary hearing is
required, the court shall set forth its reasons on the
record for not conducting an evidentiary hearing.
B. Time Limits: Pleadings required for compliance with this
rule shall be submitted in writing to the court and the non-
moving party at least 14 days in advance of the request for
a 3.6 hearing. Responsive pleadings may be submitted within
7 days from date of receipt of the motion for a 3.6 hearing
to the moving party and the court. Failure to provide
responsive pleadings shall be considered a waiver of the
right to file responsive pleadings.
C. Decision: The court, on the record, shall state findings
of fact and conclusions of law based upon the pleadings
submitted pursuant to TMCLR 3.6B.
TMCLR 4.1
ARRAIGNMENTS AND
CONTINUANCES OF ALL MATTERS OTHER THAN ARRAIGNMENT
A. Arraignment: Arraignments shall be in accordance with
CrRLJ 4.1 and 4.2. 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 DUI, Assault 4° (DV),
Harassment, Violation of an Antiharassment/No Contact Order,
Malicious Mischief (DV), Stalking or Harassment, whereupon
defendant's presence is mandatory and cannot be waived.
B. Unless otherwise noted for motion, all requests to
continue pretrial hearings, motions, trial dates and/or
other final dispositions will require the agreement of both
parties before such request will be submitted to the court
for review except as provided for in TMCLR 3.3.
TMCLR 4.2
FORFEITURE OF BAIL
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. A reasonable fee may be imposed
against the party whose witnesses failed to appear.
TMCLR 6.1
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. 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 Tukwila Police Department for disposition as abandoned
property; or if contraband, for destruction. The court shall
not release an exhibit without it being receipted for by the
receiving person.
TMCLR 7.1
SENTENCING
The court shall follow the provisions of CrRLJ 7.2.
TMCLR 7.2
RESTITUTION
Where the court orders that a defendant pay restitution, but
does not set an amount at the time of disposition, the city
attorney shall, within 60 days, file with the court a
proposed amount, with documentation in support thereof. The
city attorney shall mail to the defendant's last known
address or to the defendant’s attorney the proposed amount,
with copies of the supporting documents. If the defendant
wishes to contest the proposed amount, the defendant shall
file with the court an objection within 30 days of the date
the proposed amount was mailed to the defendant's last known
address or to the defendant’s attorney. Upon receipt of an
objection by the court, the court shall schedule a
restitution hearing, and shall send notice to the city
attorney and the defendant. If the city attorney does not
file a proposed amount within 60 days of disposition, the
matter of restitution shall be deemed waived unless
otherwise authorized by the court. If the defendant does
not object, the proposed amount shall be entered as a
judgment. Payment of restitution shall be made through the
Clerk of the Court unless otherwise ordered by the court.
TMCLR 8.1
USE OF A COLLECTION
AGENCY AND ASSESSMENT
AS COURT COST OF AMOUNTS
PAID FOR COLLECTION SERVICES
A. The court may use the services of a collection agency for
the purposes of collecting unpaid and delinquent penalties
on infractions, criminal fines, costs, assessments and
forfeitures. The terms and conditions of the contract for
collection services shall be between the City of Tukwila and
said collection agency, and may be amended as necessary.
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.
C. Nothing in this section shall prevent the court from
notifying the Department of Licensing of the defendant's
failure to pay a fine and/or costs as ordered by the court.
TMCLR 8.2
PETITIONS FOR
DEFERRED PROSECUTION
Petitions for deferred prosecution must be submitted
pursuant to RCW 10.05. Defendants must use the deferred
prosecution forms provided by the court. The petition must
include the appropriate assessment and treatment plan.
TMCLR 9.1
REQUIREMENT FOR PAYMENT OF ADMINISTRATIVE PROBATION FEES,
INTERPRETER SERVICE FEES,
PUBLIC DEFENDER FEES, AND
JAIL BOOKING FEES
A. If a defendant is found guilty of a criminal violation
and sentenced to a suspended, deferred or continued
sentence, then the court may impose an administrative
probation fee up to the maximum fee permitted under the
current state statute.
B. If a defendant is provided with interpreter services
during any phase of a criminal proceeding, to include but
not limited to arraignment, pre-trial hearing, or post-
conviction review, the court, at its discretion, may order
recoupment of costs for the interpreter's service.
C. If a defendant is provided a public defender during any
phase of a criminal proceeding, the court may order
recoupment of costs for public defender services.
D. If a defendant has been confined during any phase of a
criminal proceeding by order of the Tukwila Municipal Court,
the defendant may be ordered to pay the costs of
confinement, not to exceed the cost of each booking fee
associated with a case, plus the daily housing cost of the
defendant at whatever jail he/she is confined.
TMCLR 10.1
REQUIREMENTS FOR PAYMENT
OF JURY FEES UPON
CANCELLATION OF JURY TRIAL
A. If a defendant who has been charged with a criminal
violation in the Tukwila Municipal Court has requested a
jury trial, and if that jury trial is summoned and the court
has incurred the expense or will incur the expense because
the jury has been or will be brought in, and the defendant
does not waive his or her right to a jury trial within 48
hours prior to the date for which the jury trial has been
scheduled, or otherwise excuses or releases the jury from
hearing the case within 48 hours of the date of the
scheduled jury trial, the defendant may be responsible for
payment to the court in the amount of the costs incurred by
the court for jury fee payments and mileage reimbursements,
unless the court specifically determines that those fees and
costs or the full amount of those fees and costs shall not
be paid under the circumstances of the defendant's case.
B. Any such jury fee costs imposed by the court for payment
and reimbursement of jury fees and mileage reimbursement
shall be paid by the defendant as a condition of suspended
sentence, if any, or as otherwise directed by the court.
TMCLR 10.2
PRESIDING JUDGE
A. The Judge duly appointed as Judge of the Tukwila
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 Commissioner(s), Judge Pro-Tempore(s) and
magistrate(s).
TMCLR 10.3
ANTIHARASSMENT PROTECTION ORDERS
A. Pursuant to RCW 10.14.150, as amended by HB 1296
(2005), the Tukwila Municipal Court may hear and adjudicate
petitions for anti-harassment protection orders filed under RCW 10.14.
B. The Tukwila Municipal Court's jurisdiction shall be
limited to situations:
(1) When the alleged acts of unlawful harassment occurred
within the Tukwila city limits; or
(2) When the respondent resides within the Tukwila city limits; or
(3) When the respondent may be served within the Tukwila city limits if
it is the same county or judicial district a respondent resides.
C. The Clerk of the Municipal Court may charge a filing
fee in an amount equal to the applicable fee charged by the
King County District Court. The Municipal Court Judge has
discretion to waive or reduce the filing fee upon a showing
of indigence, financial hardship, or other good cause.
[Adopted effective September 1, 2006]
TMCLR 10.6
JURY TRIAL IN CIVIL CASES
RESCINDED RULE - EFFECTIVE SEPTEMBER 1, 2006
TMCLR 12.1
USE OF UNSWORN STATEMENT
IN LIEU OF AFFIDAVIT
A. Unsworn Statement Permitted: Except as provided in
section B., whenever a matter is required or permitted to be
supported or proved by affidavit, the matter may be
supported or proved by an unsworn written statement,
declaration, verification, or certificate executed in
accordance with RCW 9A.72.085. The certification or
declaration may be in substantially the following form:
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)
B. Exceptions: This rules does not apply to writings
requiring an acknowledgment, oaths of office, or oaths
required to be taken before a special official other than a
notary public.
TMCLR 13.1
VIDEO CONFERENCE PROCEEDINGS
A. Criminal: Preliminary appearances as defined by 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 CrR3.2 and
CrRLJ 3.2, and trial settings as defined by CrR 3.3 and
CrRLJ 3.3(f), and pre-trial hearings as determined by the
court, 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 which may, in the court's discretion, be
granted.
B. Agreement: 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. The defendant
will be deemed to have agreed to voluntarily participate in
court proceedings in Tukwila Municipal Court by video
conference unless the defendant or counsel for the defendant
notifies the court at the time of the proceeding that he/she
objects to the proceeding being conducted via video
conference. The right to object to video conference
proceedings will be deemed waived if not exercised prior to
the start of the video conference hearing.
C. Standards for Video Conference Proceedings: The Judge,
counsel, all parties, and the public must be able to see and
hear each other during proceedings, and 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.
D. For purposes of video conference proceedings, the
facsimile signature(s) of the defendant, counsel, interested
parties and the court will be treated as if they were an
original signature. This includes all Orders on Judgments &
Sentence, No Contact Orders, S.O.A.P. and S.O.D.A. Orders,
Time Pay Agreements, and other documents as the court shall
determine are appropriate or necessary.
TMCLR 14.1
ZONING, FIRE, BUILDING CODE VIOLATIONS;
INFORMAL AND PRE-TRIAL SETTLEMENT CONFERENCES
Defendants charged with zoning, fire or building code
violations or such other classes of cases as the Presiding
Judge shall designate, whether civil or criminal, may be
required to participate in an informal settlement
conference. The Presiding Judge or Commissioner shall
preside at said conference and a representative of the
concerned City department shall be present, as well as the
defendant/ respondent, unless the presence of a party has
been waived, in writing, by the court. If the parties are
unable to reach a settlement, the case shall be set for trial.
TMCLIR 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 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.
TMCLIR 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 Tukwila Municipal Court is
found to have committed that infraction, absent extenuating
circumstances, 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.
B. Time payments on infractions will be permitted upon a
showing of exceptional and exigent circumstances in court,
at the time of the hearing on the contested infraction.
Time payments will be at a minimum payment of $50.00 each
month, unless specifically authorized by the Judge or
Commissioner. 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. The court may impose an additional administrative
fee for the costs of establishing, monitoring and processing
a time pay agreement.
C. Failure to make payment on the penalties on the committed
infractions shall be enforceable pursuant to otherwise
applicable court rules, state law or relevant administrative regulations.
TMCLIR 3.0
TIME FOR HEARING-
OBJECTIONS TO DATE
A defendant who objects to the hearing date set by the court
pursuant to IRLJ 2.6, shall file with the court and serve
upon the city attorney a written motion for a new speedy
hearing date. Such motion shall be filed and served no
later than 10 days from the date of written notice of the
hearing date. Failure to comply with this rule shall become
a waiver of the objection.
TMCLIR 3.1
HANDLING OF REQUESTS
FOR CONTESTED HEARINGS
AFTER FAILURE TO RESPOND
A. If a defendant who has failed to appear or respond to a
notice of infraction, on not more than one occasion, as
required by RCW 46.63.070 and Rule 2.4 of the Infraction
Rules for Courts of Limited Jurisdiction (IRLJ), requests
that the court set his/her case for a contested hearing, and
upon payment of a $50.00 processing fee, the Clerk of the
Court shall be authorized to set a date for a contested
hearing, and retrieve/recall FTA's, pleadings and/or
correspondence from the Department of Licensing reflecting
the failure to respond or appear, if any was sent, on the
following conditions:
(1) The defendant, within one week of the date by which a
request for a contested hearing should have been received by
the court, delivers to the court an envelope containing
his/her request for a contested hearing, with a postmark
clearly indicating that the envelope was addressed and
mailed to the Municipal Court within the time frame for
requesting contested hearings pursuant to statute and court
rule, and with the envelope indicating that it was returned
to the defendant, for whatever reason; or,
(2) The court, within one week of the date by which a
request for a contested hearing should have been received by
the court, receives in the mail an envelope containing the
defendant's request for a contested hearing, with the
envelope showing a postmark clearly indicating that the
envelope was mailed to the court within the time frame for
requesting contested hearings pursuant to statute and court
rule.
B. In all other cases, the defendant shall not be entitled
to a contested hearing, and the disposition of his/her
infraction shall be dealt with as provided for in the
statute and/or court rule for failures to respond or appear,
or as otherwise determined by the court.
C. If a defendant fails to respond to a notice of infraction
within the time frames set forth in 3.0 and 3.1 above, in
addition to any amount imposed by the court as a fine, the
court may impose a $50.00 infraction processing fee in
addition to the scheduled bail amount or fine set by the
court at the time the infraction is adjudicated.
TMCLIR 3.5
DECISION ON
WRITTEN STATEMENTS
A. Traffic infractions may be heard by the court on the
basis of written submissions from the City and the
defendant. Written submissions must be provided to the
court in advance of the date set for contested hearing or
mitigation as outlined on the forms provided by the court.
Defendant’s must use court’s mitigation/contested by mail
forms.
B. Generally. The court shall examine the citing officer's
report and any statement submitted by the defendant. 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.
C. 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.
D. Disposition. If the court determines that the infraction
has been committed, it 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 what penalty, if any, was imposed.
F. No Appeal Permitted. There shall be no appeal from a
decision on written statements.
TMCLR 4.0
PROOF OF INSURANCE
Rescinded - Effective September 1, 2008
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