Westport Municipal Court
Local Court Rules
Table of Rules
Rule 1 - Adoption
Rule 2 - Reservation of Discretion
Rule 3 - Court Sessions
Rule 4 - Bail Schedule
Rule 5 - Arraignment Date
Rule 6 - Combining Documents
Rule 7 - Discovery
Rule 8 - Pre-Trial Hearings
Rule 9 - Citizen Complaints
Rule 10 - Continuances
Rule 11 - Jury Instructions
Rule 12 - Pleas in Criminal Cases – Jury Trial Set
Rule 13 - Telephonic Communication
Rule 14 - Return of Exhibits
Rule 15 - Payment of Fines And Penalties
Rule 16 - Weapons in Area of Court
Rule 1
ADOPTION
These rules are adopted pursuant to GR 7
Rule 2
RESERVATION OF DISCRETION
The Court reserves the authority to interpret and/or
suspend or modify these rules in individual cases on motion
of a party for good cause shown or its own motion in the
interest of justice and/or the efficient operation of the
court.
Rule 3
COURT SESSIONS
Regular court sessions shall be on the first and third
Fridays of each month commencing at 9:00AM in the Westport
City Hall Council Chambers and at such other times and
places as the court may deem necessary for its proper
administration.
Rule 4
BAIL SCHEDULE
The court shall by written order filed with the
clerk establish bail schedules for use by the police. The
schedule shall designate those types of criminal cases, if
any, wherein the defendant will be allowed to forfeit bail
in lieu of arraignment.
Rule 5
ARRAIGNMENT DATE
The arresting officer will 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 Friday court date at 9:00AM until the Sunday
immediately proceeding a court session. Thereafter, the
arraignment is to be set for the court date following. All
citations shall be filed upon issuance.
A defendant cited for a violation of RCW 46.61.502, 503
and 504 is required to appear pursuant to RCW 46.61.5051 one
(1) judicial day after that arrest. A judicial day may be
defined as the first Friday of the next month or the third
Friday of the month the citation was written in, if the
citation was served between the first and third Friday of
that month. Appearances at this hearing are mandatory and
may not be waived by an appearance of an attorney.
(Dated 1/15/99).
Rule 6
COMBINING DOCUMENTS
The notice of appearance and plea of not guilty
may be in one document. Waivers of a jury trial or speedy
trial shall be separate and signed by the defendant or by
the defendant’s attorney if the attorney certifies that the
defendant has expressly approved the waiver. A demand for
the appearance of a breathalyzer/verifier maintenance
operator shall be by a separate document. Discovery demands
shall be by a separate document.
Rule 7
DISCOVERY
“Blanket” discovery forms may be used provided
that each item requested shall contain a box or square in
the left margin and shall be checked by the demanding party
if that item is to be applicable to the particular case.
Demands not applicable shall not be checked. Sanctions may
be imposed for violation of this rule including, but not
limited to, the quashing of the entire demand. Failure to
provide discovery materials, including bills of particulars,
shall be deemed waived unless the court is notified in
writing not less than two weeks prior to trial.
Rule 8
PRE-TRIAL HEARINGS
(A) Hearings:
All cases scheduled for a jury trial shall be set for a
pre-trial hearing not less than one month prior to the
trial. The City Attorney, the defendant and the defense
attorney, if any, shall attend the hearing. If a defendant
not represented by counsel fails to appear for the hearing,
a warrant for his or her arrest shall issue, and the jury
trial setting stricken. If a defendant represented by
counsel fails to appear a warrant for defendant’s arrest may
issue, and the jury trial setting may be stricken. In any
case where a defendant fails to appear for the hearing, the
period of time from that hearing to the defendant’s next
personal appearance in court shall not be included in any
time limitation requirements.
(B) Motions:
All amendments to the charges, pleas or other motions
shall be heard at the pre-trial hearing. Motions may not be
considered at the time of trial unless they could not have
been raised at the pre-trial hearing, or the court, on its
motion, continues a matter to the time of trial. The party
wishing the attendance of a witness at the pre-trial hearing
shall be responsible for subpoenas of such witness except
that the City Attorney shall subpoena necessary witnesses
for a CrRLJ 3.5 hearing if the defendant or his attorney has
requested in writing such attendance.
Rule 9
CITIZEN COMPLAINTS
Citizen complaints will be accepted only after approval
of the City Attorney.
Rule 10
CONTINUANCES
(A) Bench Trials – Stipulations:
The court will grant a continuance after a bench trial
date has been set upon a stipulation of counsel not less
than one day prior to the date set. The defendant must sign
all orders of continuance.
(B) Written Motion: Bench Trials –
All requests for a continuance made five working days
or less prior to a non-jury trial not stipulated to by the
opposing party shall be presented by written motion and
affidavit after notice to the opposing party. Twenty-four
hours prior notice to the opposing party shall meet the
requirement of this sub-section. The court may grant a
continuance on a showing of good cause.
(C) Jury Trials:
A written motion and affidavit shall present all
requests for a continuance of a jury trial with notice
provided to the opposing party. Such motions may be heard
at the pre-trial hearing. A continuance will be granted
only upon a showing of good cause.
(D) Good Cause:
The following shall be deemed to be good cause:
(1) Illness;
(2) Unavoidable and /or unforeseen conflicts;
(3) Unforeseen unavailability of witnesses; or,
(4) Lack of discovery or new evidence requiring
investigation.
(E) Imposition of Costs:
Payment of costs of the court and the opposing party
may be a condition for granting a continuance.
(F) Speedy Trial Waiver:
A waiver of the speedy trial rule may be required as a
condition for granting a continuance. Waivers must be to a
date certain.
(G) Infraction Hearing:
The court clerk may grant one telephone request for a
continuance. Thereafter, the request must be in writing and
approved by the court.
Rule 11
JURY INSTRUCTIONS
(A) When Submitted:
Proposed jury instructions shall be submitted when the
case is called for trial.
(B) How Submitted:
Three sets of instructions shall be submitted on plain
8 ½ x 11-inch paper. Citations of authority shall not
appear on the unnumbered set. One additional set shall be
served upon the opposing party.
(C) Pattern Instructions:
Only instructions approved by the court and availability to
it in photocopy form may be requested by reference. The
offering party must prepare all other instructions.
Rule 12
PLEAS IN CRIMINAL CASES – JURY TRIAL SET
The court shall be notified of a plea agreement not
less than one week prior to a jury trial. Failure to comply
with this rule may result in the imposition of costs in
addition to any other sentence imposed.
Rule 13
TELEPHONIC COMMUNICATION
All proceedings except criminal changes of pleas or
trials may be heard by telephone conference call at the
request of either party or the court.
Rule 14
RETURN OF EXHIBITS
Every exhibit shall be returned to the party who
produced it in a case that was not appealed upon written
application not earlier than twenty-one days after the
trial. Exhibits not so withdrawn shall be destroyed after
thirty days, or, if contraband, delivered to the police for
destruction.
Rule 15
PAYMENT OF FINES AND PENALTIES
(A) Infractions:
Infraction penalties imposed shall be paid at the
conclusion of any requested hearing unless the court
specifically orders otherwise.
(B) Attorney and Jury Fees – Reimbursement:
The court may require partial or full reimbursement to
the city for the cost of court appointed counsel and/or jury
fees from those defendants the court finds able to pay such.
(C) Conditions of Time Payment:
All criminal time payments shall be paid at the rate of
$50.00 per month or the total amount due divided by the
number of probation months, not to exceed twelve months,
whichever amount is greater, unless a different payment
schedule is expressly approved by the court.
(D) Community Service:
The court may impose community service in lieu of
monetary payments in appropriate cases.
(E) Petition to Modify:
The defendant may petition the court to modify monetary
payments at any time due to his or her changed financial
condition.
(F) Revocation of Probation:
Probation shall be revoked for willful failure to pay
fines, costs or other assessments.
Rule 16
WEAPONS IN AREA OF COURT
No person except on duty police officers shall possess
any weapon in the Westport city Hall during court sessions.
At all times no person shall possess any weapon in the
court office or hallway in front of the court office.
The clerk shall post a copy of this rule on the
entrance door in the court office and the courtroom when the
court is in session.
The Chief of Police or his designee is designated as
the custodian of weapons and shall provide a procedure for
the receipt, storage and return of all weapons pursuant to
Chapter 396, Laws of 1993.
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