title: Subpoenas

text:
CrRLJ 4.8 SUBPOENAS (a) For Witnesses at Hearing or Trial. A subpoena commanding a person to appear and give testimony at a hearing or at trial (“a subpoena for testimony”) shall be issued as follows: (1) Form; Issuance. (A) A subpoena for testimony shall (i) state the title of the action, the case number, the name of the court in which the action is pending, and, if different, the name of the court from which the subpoena is issued and (ii) command each person to whom it is directed to appear and give testimony at a specified time and place. (B) (i) The court in which the action is pending or before which appearance is required may issue a subpoena for testimony under the seal of that court, or the clerk may issue the subpoena for testimony in response to a praecipe. (ii) An attorney for a party also may sign and issue a subpoena for testimony unless subsection (iii) of this rule applies. (iii) The judge must approve a subpoena for a witness outside the county or counties contiguous with it unless the witness is an employee of the Washington State Department of Licensing; a Washington police department or sheriff’s office; or the Washington State Patrol, including the Washington State Patrol Crime Laboratory Division and the Washington State Patrol Toxicology Laboratory Division. (C) A command to a person to produce evidence or to permit inspection may be joined with a subpoena for testimony or may be issued separately under subsection (b) of this rule. (2) Notice. Notice to each party of the issuance of a subpoena for testimony is not required; provided that, when a subpoena for testimony also commands the person to whom it is directed to produce evidence or to permit inspection of things, the serving party shall give advance notice of such subpoena in the manner described in subsection (b) of this rule. (3) Service – How Made. A subpoena for testimony may be served by any suitable person over 18 years of age, by giving the witness a copy thereof, or by leaving a copy at the witness’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. When service is made by any person other than an officer authorized to serve process, proof of service shall be made by affidavit or declaration. A subpoena for testimony may also be served by first-class mail, postage prepaid, together with a waiver of personal service and instructions for returning such waiver to the attorney of record of the party to the action in whose behalf the witness is required to appear. Service by mail shall be deemed complete upon the filing of the returned waiver of personal service, signed in affidavit or declaration form. (4) When Witness Excused. A witness subpoenaed to appear at a hearing or trial is excused from further appearance as soon as the witness has given testimony in chief and has been crossexamined thereon, unless a party moves in open court that the witness remain and the court so orders. Witness fees will not be allowed any witness after the day on which the witness’s testimony is given, except when the witness has in open court been required to remain, and when so required, the clerk shall note that fact in the minutes. (b) For Producing Evidence or Permitting Inspection. A subpoena commanding a person to produce and permit inspection and copying of designated documents, tangible things, or premises in the possession, custody, or control of that person (“a subpoena for production”) shall be issued as follows: (1) Form Issuance.

(A) A subpoena for production shall (i) state the title of the action, the case number, the name of the court in which the action is pending, and, if different, the name of the court from which the subpoena is issued, (ii) command each person to whom it is directed to produce and permit inspection and copying of documentary evidence, tangible things, or premises in the possession, custody, or control of that person at a specified time and place, and (iii) set forth the text of subsection (b)(4) of this rule. (B) The court in which the action is pending or before which attendance is required may issue a subpoena for production under the seal of that court or the clerk may issue the subpoena in response to a praecipe. An attorney for a party also may sign and issue a subpoena for production. (C) A subpoena for production may be joined with a subpoena for testimony, or it may be issued separately, provided that a subpoena to inspect premises may not be combined with other subpoenas issued pursuant to this rule. (2) Notice. Notice to parties of the issuance of a subpoena for production is not required provided that, whenever a party intends to serve a subpoena for production seeking evidence or inspection of things or premises belonging or pertaining to a defendant who is not the party seeking or issuing the subpoena, the serving party must give all parties advance notice; and provided that whenever any party intends to serve a subpoena for production seeking evidence or inspection of things belonging or pertaining to an alleged victim or complaining witness, the serving party shall provide advance notice to all parties and to the alleged victim or complaining witness; and provided that a subpoena for inspection of premises must be signed by the court and only after good cause is shown and advance notice is provided to all parties and the owner or occupier of the premises. (A) Time and Manner. If advance notice is required under this rule, then no fewer than five days prior to service on the person named in the subpoena for production, notice shall be provided in the manner prescribed by CRLJ 5(b). The parties may agree to shorten the time for advance notice when a subpoena seeks solely evidence or tangible things belonging or pertaining to a defendant. The court may shorten the time for advance notice upon a showing of good cause by a party; provided that, any alleged victim or complaining witness whose evidence, tangible things, or premises are sought shall receive notice and an opportunity to be heard on any motion to shorten time. (B) Court May Excuse Notice. A court on ex parte motion may excuse compliance with the advance notice requirement upon the serving party’s showing of good cause; any such court order, along with a copy of the subpoena for which notice is excused, shall be filed under seal pursuant to GR 15. (3) Service – How Made. A subpoena for production shall be served in the manner prescribed in CRLJ 5(b); provided that if the subpoena for production is joined with a subpoena for testimony, then subsection (a)(3) of this rule shall govern service. (4) Protection of Persons Subject to Subpoena for Production. On timely motion, the court may quash or modify a subpoena for production if it (A) fails to allow reasonable time for compliance, (B) requires disclosure of privileged or other protected matter and no exception or waiver applies, (C) is unreasonable, oppressive, or unduly burdensome, or (D) exceeds the scope of discovery otherwise permitted under the criminal rules. The court may condition denial of a motion to quash or modify upon the advancement by the party on whose behalf the subpoena for production is issued of the reasonable cost of producing the books, papers, documents, tangible things, or premises. (5) Applicability of Other Notice and Privacy Provisions. The provisions of this rule do not modify or limit privacy protections and notice requirements provided by court rule, statute,

regulation, or other applicable law. (c) Contempt. Failure by any person without adequate excuse to obey a subpoena served on that person may be deemed a contempt of the court from which the subpoena issued. No subpoena shall be the basis for a material witness warrant or a contempt of court citation unless there is proof of personal receipt. [Adopted effective September 1, 1987; Amended effective September 1, 2015; September 1, 2022; July 9, 2024.]

citation: CrRLJ CrRLJ 4.8

rule_number: CrRLJ 4.8


doc_type: court-rule

jurisdiction: wa

title: Process--Criminal

text: CrRLJ 4.9 PROCESS--CRIMINAL The court may issue criminal process to any person anywhere in the state. [Adopted effective September 1, 1987.]

license: public-domain-government-work

citation: CrRLJ CrRLJ 4.9

rule_set: CrRLJ

rule_number: CrRLJ 4.9


title: Material Witness

text: CrRLJ 4.10 MATERIAL WITNESS (a) Warrant. On motion of the prosecuting authority or the defendant, the court may issue a warrant, subject to reasonable bail, for the arrest of a material witness. The warrant shall issue only on a showing, by affidavit or on the record in open court, that the testimony of the witness is material and that (1) The witness has refused to submit to a deposition ordered by the court pursuant to rule 4.6; or (2) The witness has refused to obey a lawfully issued subpoena; or (3) It may become impracticable to secure the presence of the witness by subpoena. Unless otherwise ordered by the court, the warrant shall be executed and returned as in rule 2.2. (b) Hearing. After the arrest of the witness, the court shall hold a hearing no later than the next court day after the witness is present in the county from which the warrant issued. The witness shall be entitled to be represented by a lawyer. The court shall appoint a lawyer for an indigent witness if it is required to protect the rights of the witness. (c) Release/Detention. Upon a determination that the testimony of the witness is material and that one of the conditions set forth in section (a) exists, the court shall set conditions for release of the witness pursuant to rule 3.2. A material witness shall be released unless the court determines that the testimony of such witness cannot be secured adequately by deposition and that further detention is necessary to prevent a failure of justice. Release of a material witness may be delayed for a reasonable period of time until the deposition of the witness can be taken pursuant to rule 4.6. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 4.10

rule_number: CrRLJ 4.10


title: Commencement of Actions

text: CrRLJ 5.1 COMMENCEMENT OF ACTIONS (a) Where Commenced Under Municipal Ordinance. All actions alleging a violation of a municipal ordinance shall be commenced in the municipal court, in the municipal department of the district court where the municipality is located, or in a district court pursuant to an interlocal government agreement. (b) Where Commenced Under Other Laws. (1) All other actions shall be commenced in the district where the alleged offense was committed, or in any district wherein an element of the alleged offense was committed or occurred. (2) The action may also be brought: (i) in the district in which the county seat is located, if (a) the alleged offense is a felony, or (b) if the defendant consents; or (ii) in an adjacent district in the same county, if the alleged offense relates to driving, or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug and occurred within an enhanced enforcement district under RCW 2.56.110 or any law amendatory thereof; or (iii) in a district where a custodial facility is located, if the defendant is incarcerated therein and transporting the defendant is not practical. (c) Two or More Districts. Where there is reasonable doubt whether an alleged offense has been committed in one of two or more districts, the action may be commenced in any such district. (d) Right To Change. When a case is filed pursuant to section (c) of this rule, the defendant shall have the right to change venue to any other district in which the offense may have been committed. (e) Objection. Any objection to venue must be made as soon after the initial pleading is filed as the defendant has knowledge upon which to make it. [Adopted effective September 1, 1987; Amended effective January 2, 2018.]

citation: CrRLJ CrRLJ 5.1

rule_number: CrRLJ 5.1


title: Change of Venue

text: CrRLJ 5.2 CHANGE OF VENUE (a) When Ordered--Improper District. The court shall order a change of venue upon motion and showing that the action has not been prosecuted in the proper district. (b) When Ordered--On Motion. The court may order a change of venue to another district in the same county, if any, or otherwise to an adjacent district in another county if the defendant consents: (1) Upon written agreement of the prosecuting authority and the defendant; or (2) Upon motion of the defendant, supported by affidavit, that the defendant believes he or she cannot receive a fair trial in the district where the action is pending; or (3) Upon motion of either party that the convenience of witnesses or the ends of justice would be served by such change; or (4) Upon motion of either party or the court, to a district where a custodial facility is located, if the defendant is incarcerated therein and transporting the defendant is not practical. (5) Upon the courts own motion, if all of the judges of a district are disqualified from hearing the case. The court may also order a change of venue to the district in which the county seat is located, if the defendant consents. (c) Procedure on Transfer. When the court orders a change of venue it shall direct that all the papers and proceedings be certified to the court of the proper district. The defendant and subpoenaed witnesses shall have a continuing obligation to appear and attend as required. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 5.2

rule_number: CrRLJ 5.2


title: Several Charging Documents for Same Offense--Different Courts

text: CrRLJ 5.3 SEVERAL CHARGING DOCUMENTS FOR SAME OFFENSE— DIFFERENT COURTS If two or more charging documents are filed against the same defendant for the same offense in different courts, and if each court has jurisdiction, the court in which the first charging document was filed shall try the case. Upon motion by either party, or the court, the second or several charging documents shall be forwarded for consolidation and trial to the court in which a charging document was first filed. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 5.3

rule_number: CrRLJ 5.3


title: Trial by Jury

text: CrRLJ 6.1.1 TRIAL BY JURY (a) Trial by Jury. Cases required to be tried by a jury shall be so tried unless the defendant files a written waiver of a jury trial, and has consent of the court. (b) Demand by Prosecution. The prosecuting authority may demand a jury trial when authorized by law. The demand shall be in writing and filed with the court within 15 days after the defendant is arraigned. Notice of the demand shall be served upon the defendant promptly thereafter. (c) Number of Jurors. The number of persons serving on a jury shall be six, not including alternates. (d) Juror Unable To Continue. If a case has not yet been submitted to the jury and a juror is unable to continue and no alternate jurors were selected or none are available, or if a case has been submitted to the jury and a juror is unable to continue, all defendants may elect to continue with the remaining jurors. The court shall declare a mistrial for any defendant who does not elect to continue with the remaining jurors. If some, but not all, defendants elect to continue with the trial, the court shall proceed with the trial for those defendants unless the court determines manifest necessity requires a mistrial. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 6.1.1

rule_number: CrRLJ 6.1.1


title: Trial by the Court

text:
CrRLJ 6.1.2 TRIAL BY THE COURT (a) Trial Without Jury. In a case tried without a jury, the court shall state separately findings of fact and conclusions of law. (b) Stipulation or Submittal. A defendant, with the approval of the prosecuting authority, may submit his or her case upon the police report and other materials by stipulating to the admissibility thereof in lieu of testimony. A written statement of the defendant in substantially the form set forth below may be filed: STATE OF WASHINGTON COUNTY OF________________, THE STATE OF WASHINGTON, CITY OR TOWN OF__________, Plaintiff, v. ) _____________, Defendant. )

) ) ) ) )

Case No. ______

STATEMENT OF DEFENDANT ON SUBMITTAL OR STIPULATION OF FACTS

I am the defendant in this case. I wish to submit the case on the record. I understand that this means that the judge will read the police report and other materials and, based upon that evidence, the judge will decide if I am guilty of the crime(s) of __________________________. I understand that, by this process, I am giving up the constitutional right to a jury trial, the right to hear and question witnesses, the right to call witnesses in my own behalf, and the right to testify or not to testify. I understand that the maximum sentence for the crime(s) is _____________________________________________________________________________ and that the judge can impose any sentence up to the maximum, no matter what the prosecution or the defense recommends. No one has made any threats or promises to get me to submit this case other than the prosecuting authority's promise to take the following action and/or make the following recommendations: _____________________________________________________________________________ ____________________________________________________________________________. Dated this _______ day of ____________________, 19____.

________________________________ For the Prosecuting Authority [Adopted effective September 1, 1987.]

_________________________________ Defendant _________________________________ Lawyer for Defendant

citation: CrRLJ CrRLJ 6.1.2

rule_number: CrRLJ 6.1.2


title: Order of Trial

text: CrRLJ 6.1.3 ORDER OF TRIAL The order of trial shall be as follows, where applicable: (a) The jury shall be sworn well and truly to try the case. (b) Unless both parties waive opening statements, the prosecuting authority shall make the opening statement outlining the evidence which will be offered by the prosecution, and the defense may immediately thereafter make an opening statement or such opening statement may be reserved until after the conclusion of the prosecutions case in chief. (c) The prosecution shall submit its evidence. (d) The defense may challenge the sufficiency of the evidence at the close of the prosecution’s case in chief, and, if sustained, the case shall be dismissed; otherwise, the defense may then offer its evidence. (e) The parties may thereafter offer evidence in rebuttal and surrebuttal. The court, for good cause shown or in the interest of justice, may permit the parties to offer evidence upon their original cases. (f) The instructions shall be given prior to closing argument. (g) The prosecution may argue its case after which the defense may argue followed by the prosecution’s rebuttal. The length of time of all arguments shall be fixed by the court in its discretion and announced before the arguments are commenced. Equal time shall be allowed eah party. (h) After argument, the jury shall retire to consider its verdict, or the court shall state its findings of fact and conclusions of law. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 6.1.3

rule_number: CrRLJ 6.1.3


title: Jurors' Orientation

text: CrRLJ 6.2 JURORS' ORIENTATION All jurors shall be given a general orientation when they report for jury. A copy of the Jurors Handbook to Washington Courts prepared by the Superior Court Judges' Association of the State of Washington and the District and Municipal Court Judges' Association should be provided to all jurors. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 6.2

rule_number: CrRLJ 6.2


title: Selecting the Jury

text: CrRLJ 6.3 SELECTING THE JURY When the case is called for trial, the jurors shall be selected at random from the jurors summoned who have appeared and have not been excused. [Adopted effective September 1, 1987; Amended effective September 1, 1995.]

citation: CrRLJ CrRLJ 6.3

rule_number: CrRLJ 6.3


title: Challenges

text: CrRLJ 6.4 CHALLENGES (a) Challenges to the Entire Panel. Challenges to the entire panel shall only be sustained for a material departure from the procedures prescribed by law for their selection. (b) Voir Dire. A voir dire examination shall be conducted under oath for the purpose of discovering any basis for challenge for cause and for the purpose of gaining knowledge to enable an intelligent exercise of peremptory challenges. The judge shall initiate the voir dire examination by identifying the parties and their respective lawyers and by briefly outlining the nature of the case. The judge and the lawyers may then ask the prospective jurors questions touching their qualifications to serve as jurors in the case, subject to the supervision of the court as appropriate to the facts of the case. (c) Challenges for Cause. (1) If the judge after examination of any juror is of the opinion that grounds for challenge are present, he or she shall excuse that juror from the trial of the case. If the judge does not excuse the juror, any party may challenge the juror for cause. (2) RCW 4.44.150 through 4.44.190 shall govern challenges for cause. (d) Exceptions to Challenge. (1) Determination. The challenge may be excepted to by the adverse party for insufficiency and, if so, the court shall determine the sufficiency thereof, assuming the facts alleged therein to be true. The challenge may be denied by the adverse party and, if so, the court shall try the issue and determine the laws and the facts. (2) Trial of Challenges. Upon trial of a challenge, the rules of evidence applicable to testimony offered upon the trial of an ordinary issue of fact shall govern. The juror challenged, or any other person otherwise competent, may be examined as a witness by either party. If a challenge be determined to be sufficient, or if found to be true, as the case may be, it shall be allowed, and the juror to whom it was taken excluded; but if not so determined or found otherwise, it shall be disallowed. (e) Peremptory Challenges. (1) Peremptory Challenges Defined. A peremptory challenge is an objection to a juror for which there is no reason given, but upon which the court shall exclude the juror. The defense and the prosecuting authority may peremptorily challenge three jurors each. When several defendants are on trial together, each defendant shall be entitled to one challenge in addition to the number of challenges provided above, with discretion in the trial judge to afford the prosecuting authority such additional challenges as circumstances warrant. (2) Peremptory Challenges—How Taken. After prospective jurors have been passed for cause, peremptory challenges shall be exercised alternately first by the prosecution then by each defendant, until the peremptory challenges are exhausted or the jury accepted. Acceptance of the jury as presently constituted shall not waive any remaining peremptory challenges to jurors subsequently called. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 6.4

rule_number: CrRLJ 6.4


title: Alternate Jurors

text: CrRLJ 6.5 ALTERNATE JURORS When the jury is selected the court may direct the selection of one or more additional jurors, in its discretion, to be known as alternate jurors. Each party shall be entitled to one peremptory challenge for each alternate juror to be selected. When several defendants are on trial together, each defendant shall be entitled to one challenge in addition to the challenge provided above, with discretion in the trial judge to afford the prosecuting authority such additional challenges as circumstances warrant. If at any time before submission of the case to the jury a juror is found unable to perform his or her duties the court shall order the juror discharged, and the clerk shall draw the name of an alternate who shall take the jurors place on the jury. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 6.5

rule_number: CrRLJ 6.5


title: Jurors' Oath

text: CrRLJ 6.6 JURORS' OATH The jury shall be sworn or affirmed well and truly to try the issue between the prosecuting authority and the defendant, according to the evidence and instructions by the court. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 6.6

rule_number: CrRLJ 6.6


title: Custody of Jury

text: CrRLJ 6.7 CUSTODY OF JURY (a) Generally. During trial and deliberations the jury may be allowed to separate unless good cause is shown, on the record, for sequestration of the jury. (b) Communication Restricted. Unless the jury is allowed to separate, the jurors shall be kept together under the charge of one or more officers until they agree upon their verdict or are discharged by the court. The officer shall keep the jurors separate from other persons and shall not allow any communication which may affect the case to be made to the jurors, nor make any himself or herself, unless by order of the court, except to ask the jurors if they have agreed upon their verdict. The officer shall not, before the verdict is rendered, communicate to any person the state of the jurors' deliberations or their verdict. (c) Motions. Any motions or proceedings concerning the separation or sequestration of the jury shall be made out of the presence of the jury. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 6.7

rule_number: CrRLJ 6.7


title: Note-Taking by Jurors

text: CrRLJ 6.8 NOTE-TAKING BY JURORS In all cases, jurors shall be allowed to take written notes regarding the evidence presented to them and keep these notes with them during their deliberation. The court may allow jurors to keep these notes with them in the jury room during recesses, in which case jurors may review their own notes but may not share or discuss the notes with other jurors until they begin deliberating. Such notes should be treated as confidential between the jurors making them and their fellow jurors, and shall be destroyed immediately after the verdict is rendered. [Adopted effective September 1, 1987; Amended effective October 1, 2002.]

citation: CrRLJ CrRLJ 6.8

rule_number: CrRLJ 6.8


title: View of Premises by Jury

text: CrRLJ 6.9 VIEW OF PREMISES BY JURY The court may allow the jury to view the place in which any material fact occurred. In such event it shall order the jury to be conducted in a body, in the custody of a proper officer of the court to the place which shall be shown to them by the judge. The defendant shall be present at the view. During the view, no person other than the judge or person authorized by the judge shall speak to the jury on any subject relating to the trial. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 6.9

rule_number: CrRLJ 6.9


title: Discharge of the Jury

text: CrRLJ 6.10 DISCHARGE OF THE JURY The jury may be discharged by the court on consent of both parties or when it appears that there is no reasonable probability of their reaching agreement. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 6.10

rule_number: CrRLJ 6.10


title: Judge--Disability

text: CrRLJ 6.11 JUDGE--DISABILITY (a) Disability of Judge During Jury Trial. If, before the judge submits the cause to the jury, he or she is unable to continue with the trial, any other judge assigned to or regularly sitting in the court, upon becoming familiar with the record of the trial, may proceed with the trial. Upon defendant's objection to the replacement, a mistrial shall be granted. If, after the judge submits the case to the jury, he or she is unable to continue, the case shall proceed before another judge. (b) Disability of Judge During Nonjury Trial. If a judge before whom trial without jury has commenced is unable to proceed with the trial, a mistrial shall be granted. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 6.11

rule_number: CrRLJ 6.11


title: Witnesses

text: CrRLJ 6.12 WITNESSES (a) Who May Testify. Any person may be a witness in any action or proceeding under these rules except as hereinafter provided or as provided in the Rules of Evidence. (b) When Excused. A witness subpoenaed to appear in a criminal case is dismissed and excused as soon as the witness has given their testimony in chief and has been cross-examined thereon, unless either party requests in open court that the witness remain; and witness fees will not be allowed any witness after the day on which their testimony is given, except when the witness has in open court been required to remain. (c) Persons Incompetent To Testify. The following persons are incompetent to testify: (1) those who are of unsound mind or intoxicated at the time of their appearance for examination and (2) those who do not have the capacity of receiving just impressions of the facts about which they are examined or who do not have the capacity of relating them truly. This shall not affect any recognized privileges. (d) Not Excluded on Grounds of Interest. No person offered as a witness shall be excluded from giving evidence by reason of his or her interest in the result of the action, as a party thereto or otherwise, but such interest may be shown to affect his or her credibility. [Adopted effective September 1, 1987; Amended effective July 9, 2024.]

citation: CrRLJ CrRLJ 6.12

rule_number: CrRLJ 6.12


title: Evidence

text:
CrRLJ 6.13 EVIDENCE (a) Rules of Evidence. The Rules of Evidence are applicable to criminal prosecutions. (b) Test Reports by Experts. (1) Generally. The official written report of an expert witness which contains the results of any test of a substance or object which are relevant to an issue in a trial shall be admitted in evidence without further proof or foundation as prima facie evidence of the facts stated in the report if the report bears the following certification: TEST CERTIFICATION The undersigned certifies under penalty of perjury that: 1. I performed the test on the (substance) (object) in question; 2. The person from whom I received the (substance) (object) in question is: _____________________________________________________; 3. The document on which this certificate appears or to which it is attached is a true and complete copy of my official report; and 4. Such document is a report of the results of a test which report and test were made by the undersigned who has the following qualifications and experience: _________________________________________________________________ ________________________________________________________________. _________________________________ Signature _________________________________ Title _________________________________ Business Address and Phone (2) Exclusion of Test Reports. The court shall exclude test reports otherwise admissible under section (b) if: (i) a copy of the certified report or certificate has not been delivered or mailed to the defendant or the defendant's lawyer at least 14 days prior to the trial date or, upon a showing of cause, such lesser time as the court deems proper, or (ii) in the case of an unrepresented defendant, a copy of this rule in addition to a copy of the certified report or certificate has not been delivered or mailed to the defendant at least 14 days prior to the trial date or, upon a showing of cause, such lesser time as the court deems proper, or (iii) at least 7 days prior to the trial date, or, upon a showing of cause, such lesser time as the court deems proper, the defendant has delivered or mailed a written demand upon the prosecuting authority to produce the expert witness at the trial. (c) Breathalyzer Maintenance, Simulator Thermometer, BAC Verifier, and Simulator Solution Certificates. (1) Admission of Certificate. In the absence of a request to produce a Breathalyzer maintenance technician, a BAC Verifier Data Master infrared instrument technician, or the person responsible for preparing or testing simulator solutions made at least 7 days prior to trial or such lesser time as the court deems proper, certificates substantially in the following forms are admissible in lieu of a state expert witness in any court proceeding held pursuant to RCW

46.61.506 for the purpose of determining whether a person was operating or in actual physical control of a motor vehicle while under the influence of intoxicating liquors: BREATHALYZER MAINTENANCE AND CHEMICAL CERTIFICATION I, ____________________, do certify under penalty of perjury as follows: I am a Breathalyzer technician possessing a valid permit or certificate issued to me by the state toxicologist by virtue of his rules, WAC 448-12 and RCW 46.61.506. On __________(date) at __________(time) I examined, tested and calibrated a Breathalyzer machine with serial No. __________ using a sealed ampul of chemicals with control No. __________ according to the methods established and approved by the state toxicologist. I further certify that said machine was, on that date, in proper working order, and that the chemicals in ampuls with the above control number are suitable for use in this machine. _________________________________ Signature of Technician Dated: _________________________

BAC VERIFIER DATA MASTER CERTIFICATION I, ____________________, do certify under penalty of perjury as follows: I am employed by ___________________________________________ and am certified by the state toxicologist by virtue of applicable regulations and statutes. On __________(date) at __________(time) I examined, tested and certified a BAC Verifier Data Master instrument with serial No. __________ according to the methods established and approved by the state toxicologist. I further certify that said instrument was, on that date, in proper working order. _________________________________ Signature of Technician Dated: _________________________

BAC VERIFIER DATA MASTER SIMULATOR SOLUTION CERTIFICATION I, ____________________, do certify under penalty of perjury as follows: I am employed by the Washington State Toxicology Laboratory, and a part of my responsibilities include preparing and testing the simulator solutions for the BAC Verifier Data Master breath test instrument. I possess the following qualifications: ___________________________________________________________. The simulator solution, Lot Number __________ was prepared in the Washington State Toxicology Laboratory. I examined and tested this solution. It was found to conform to those standards established by the state toxicologist for the certification of simulator solution. Dated:__________________________ _________________________________

Signature

BAC DATAMASTER SIMULATOR THERMOMETER CERTIFICATION I, ____________________, do certify under penalty of perjury under the laws of the State of Washington that the following is true and correct: I am employed by the Washington State Patrol and am certified as a Technician by the state toxicologist by virtue of applicable regulations and statutes. On __________(date) at __________(time) I tested and certified simulator thermometer __________ (serial number) which is installed in simulator ____________(serial number) and which is attached to BAC Data Master __________ (serial number). In performing the test I employed a protocol approved by the state toxicologist. I found the thermometer to comply with the standards for accuracy as required by the state toxicologist. The certification of this thermometer is valid for one year from the date of this certification. _________________________________ Signature of Technician Dated: _________________________ Location: ________________________(city and state) (2) Machine Not Working Properly—Certificate of Technician. If the technician determines that a Breathalyzer machine or a BAC Verifier Data Master instrument is not in proper working order at the time of examination, the technician shall delete the last paragraph from the appropriate certificate form set forth in section (c)(1) of this rule and shall certify substantially in the following form: I further certify that said machine was not in proper working order on __________ (date) at __________M. I further certify that I repaired or corrected said machine as required on __________ (date) and as of that date at __________M. said machine was again in proper working order (and that the chemicals in ampuls with the above control number are suitable for use in this machine.) (Cross out bracketed language if not applicable.) Dated: _________________________ _________________________________ Technician (3) Filing of Certificates by Clerk. The clerk of each court of limited jurisdiction shall maintain the certificates as a public record. (d) Speed Measuring Device: Design and Construction Certification. (1) Admission of Certificate. In the absence of proof of a request to produce an electronic or laser speed measuring device (SMD) expert served on the prosecuting authority and filed with the clerk of the court at least 30 days prior to trial or such lesser time as the court deems proper, a certificate substantially in the following form is admissible in lieu of an expert witness in any court proceeding in which the design and construction of an electronic or laser speed measuring device (SMD) is an issue: CERTIFICATION CONCERNING DESIGN AND CONSTRUCTION OF ELECTRONIC SPEED MEASURING DEVICES AND LASER SPEED MEASURING DEVICES

I, ____________________, do certify under penalty of perjury as follows: I am employed with ____________________ as a ________________________________. I have been employed in such a capacity for _____ years. Part of my duties include supervising the maintenance and repair of all electronic and laser speed measuring devices (SMDs) used by ____________________ (name of agency). This agency currently uses the following SMDs: (List all SMDs used and their manufacturers and identify which SMDs use laser technology.) I have the following qualifications with respect to the above stated SMDs: (List all degrees held and any special schooling regarding the SMDs listed above.) This agency maintains manuals for all of the above stated SMDs. I am personally familiar with those manuals and how each of the SMDs are designed and operated. On _____ (date) testing of the SMDs was performed under my direction. The units were evaluated to meet or exceed existing performance standards. This agency maintains a testing and certification program. This program requires: (State the program in detail.) Based upon my education, training, and experience and my knowledge of the SMDs listed above, it is my opinion that each of these electronic pieces of equipment is so designed and constructed as to accurately employ the Doppler effect in such a manner that it will give accurate measurements of the speed of motor vehicles when properly calibrated and operated by a trained operator or, in the case of the laser SMDs, each of these pieces of equipment is so designed and constructed as to accurately employ measurement techniques based on the velocity of light in such a manner that it will give accurate measurements of the speed of motor vehicles when properly calibrated and operated by a trained operator. _________________________________ Signature Dated: _________________________ (e) Certified Report of Department of Licensing Custodian. (1) Generally. A certified report from a Department of Licensing (DOL) custodian of records pertaining to a defendant’s driving record(s) and a defendant’s driving status on a particular date is admissible at any hearing or trial in lieu of testimony of a DOL custodian of records. The certified report shall have the same effect as if the records custodian had testified, if the report is in substantial compliance with the following certification: CERTIFICATE OF DEPARTMENT OF LICENSING CUSTODIAN OF RECORD I, _____________ do certify under penalty of perjury as follows: I have been appointed by the Director of the Department of Licensing as a legal custodian of driving records of the State of Washington. I certify under penalty of perjury that such records are official and are maintained in the office of the Department of Licensing, Olympia, Washington. All information contained in this report pertains to the driving record of: Lic. # Name:

Birthdate: Eyes: ____ Sex ___ Hgt: ___ Wgt:_____ License Issued:___________

License Expires:___________ After a diligent search of the computer files, the official record indicates that on ______________ (date), the following statements apply to the status of the above named person: The attached document(s) are a true and accurate copy of the document(s) maintained in the office of the Department of Licensing, Olympia, Washington. (specify all documents attached to this affidavit) Dated: ______________________ _______________________________ (name) Custodian of Records Place: Olympia, Washington Date: _______________ (2) Exclusion of Test Reports: The court shall exclude the Certificate of Department of Licensing Custodian otherwise admissible under this section if: (i) a copy of the certificate has not been served or mailed to the defendant’s lawyer, if represented, at least 14 days prior to the trial or hearing date, or upon a showing of cause, such lesser time as the court deems proper, or (ii) in the case of an unrepresented defendant, a copy of this rule in addition to a copy of the certificate has not been served or mailed to the defendant at least 14 days prior to the trial or hearing date or, upon a showing of cause, such lesser time as the court deems proper; (iii) at least 7 days prior to the trial or hearing date, or, upon a showing of cause, such lesser time as the court deems proper, the defendant has served or mailed a written demand upon the prosecuting authority to produce a custodian of records from the Department of Licensing for trial or hearing. (f) Continuance. The court at the time of trial shall hear testimony concerning the alleged offense and, if necessary, may continue the proceedings for the purpose of obtaining (1) the maintenance technician’s presence for testimony concerning the working order of the Breathalyzer machine and the certification thereof, (2) evidence concerning the working order of the BAC Verifier Data Master instrument and the certification thereof, (3) evidence concerning the preparation of the BAC Verifier Data Master simulator solution and the certification thereof, or (4) evidence concerning an electronic speed measuring device or laser speed measuring device and the certification thereof, or (5) evidence concerning the certified report of the Department of Licensing. If, at the time it is supplied, the evidence is insufficient, a motion to suppress the results of such test or readings shall be granted. [Adopted effective September 1, 1987; amended effective September 1, 1987; September 1, 1998; September 1, 2002; September 1, 2011.]

citation: CrRLJ CrRLJ 6.13

rule_number: CrRLJ 6.13


title: Immunity

text: CrRLJ 6.14 IMMUNITY In any case, the court on motion of the prosecuting authority may order that a witness shall not be excused from giving testimony or producing any papers, documents or things, on the ground that such testimony may tend to incriminate or subject the witness to a penalty or forfeiture arising from the commission of a gross misdemeanor, misdemeanor, or traffic infraction; but the witness shall not be prosecuted or subjected to criminal penalty or forfeiture for or on account of any gross misdemeanor, misdemeanor, or traffic infraction concerning which the witness has been ordered to testify pursuant to this rule. If such testimony may tend to incriminate or subject the witness to a penalty or forfeiture arising from the commission of a felony, immunity may only be sought with the concurrence of the prosecuting authority in whose county the offense occurred. The witness may nevertheless be prosecuted for failing to comply with the order to answer, or for perjury or the giving of false evidence. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 6.14

rule_number: CrRLJ 6.14


title: Instructions and Argument

text: CrRLJ 6.15 INSTRUCTIONS AND ARGUMENT (a) Proposed Instructions. Unless otherwise ordered by the court, proposed jury instructions shall be served and filed when a case is called for trial by serving one copy upon the lawyer for each party, by filing one copy with the clerk, and by delivering the original and one additional copy for each party to the trial judge. Additional instructions, which could not be reasonably anticipated, shall be served and filed at any time before the court has instructed the jury. Each proposed instruction shall be on a separate sheet of paper. The original shall not be numbered nor include citations of authority. A court of limited jurisdiction may adopt local rules permitting certain instructions to be requested by number from any published book of instructions. (b) Objections to Instructions. Before instructing the jury, the court shall supply the lawyers with copies of the proposed instructions, verdict and special finding forms. The court shall afford the lawyers an opportunity in the absence of the jury to object to the giving of any instructions and the refusal to give a requested instruction or submission of a verdict or special finding form. The party objecting shall state the reasons for the objection, identifying the instruction and specifying the particular part of the instruction to be given or refused. The court shall provide the lawyer for each party with a copy of the instructions in final form. (c) Instructing the Jury and Argument of Counsel. The court shall read the instructions to the jury. The prosecuting authority may then address the jury after which the defense may address the jury followed by the prosecuting authority's rebuttal. (d) Deliberation. After argument, the jury shall retire to consider the verdict. The jury shall take with it the instructions given, all exhibits received in evidence, and a verdict form or forms. (e) Questions from Jury During Deliberations. (1) The jury shall be instructed that any question it wishes to ask the court about the instructions or evidence should be signed, dated and submitted in writing to the bailiff. The court shall notify the parties of the contents of the questions and provide them an opportunity to comment upon an appropriate response. Written questions from the jury, the court’s response and any objections thereto shall be made a part of the record. The court shall respond to all questions from a deliberating jury in open court or in writing. In its discretion, the court may grant a jury’s request to rehear or replay evidence, but should do so in a way that is least likely to be seen as a comment on the evidence, in a way that is not unfairly prejudicial and in a way that minimizes the possibility that jurors will give undue weight to such evidence. Any additional instruction upon any point of law shall be given in writing. (2) After jury deliberations have begun, the court shall not instruct the jury in such a way as to suggest the need for agreement, the consequences of no agreement, or the length of time a jury will be required to deliberate. (f) Several Offenses. The verdict forms for an offense charged or necessarily included in the offense charged or an attempt to commit either the offense charged or any offense necessarily included therein may be submitted to the jury. [Adopted effective September 1, 1987; Amended effective October 1, 2002.]

citation: CrRLJ CrRLJ 6.15

rule_number: CrRLJ 6.15


title: Jury Verdicts and Findings

text:
CrRLJ 6.16 VERDICT AND FINDINGS (a) Verdicts. (1) Several Defendants. If there are two or more defendants, the jury at any time during its deliberations may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed; if a jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again. (2) Return of Verdict. When all members of the jury agree upon a verdict of guilty or not guilty, the presiding juror shall complete and sign the verdict form and return it to the judge in open court. (3) Poll of Jurors. When a verdict or special finding is returned and before it is recorded, the jury shall be polled at the request of any party or upon the court’s own motion. If at the conclusion of the poll, all of the jurors do not concur, the jury may be directed to retire for further deliberations or may be discharged by the court. (b) Special Findings. The court may submit to the jury forms for such special findings which may be required or authorized by law. The court shall give such instruction as may be necessary to enable the jury both to make these special findings or verdicts and to render a general verdict. When a special finding is inconsistent with another special finding or with the general verdict, the court may order the jury to retire for further consideration. (c) Not Guilty By Reason of Insanity. (1) Procedure When Verdict Received. If a defendant is acquitted of a crime by reason of insanity, the court shall either direct the defendant’s release or shall order the defendant’s hospitalization or an appropriate alternative treatment as mandated by RCW 10.77.110. Prior to the entry of an appropriate order releasing or detaining the defendant, the court shall advise the defendant: (i) of the need to surrender any firearm and any concealed pistol license, and of the prohibition upon the possession of any firearm or of a concealed pistol license; (ii) of the time limits on the right to collateral attack imposed by RCW 10.73.090 and .100; and (iii) if the defendant is acquitted of a sex offense or kidnapping offense as defined in RCW 9A.44.130, of the need to register as a sex offender or kidnapping offender. (2) Form of Notice. The form shall be in substantially the following form: SUPERIOR COURT OF WASHINGTON FOR [ ] COUNTY STATE OF WASHINGTON, Plaintiff, vs.

___________________________, Defendant. ___________________________

) ) ) ) ) ) ) )

No. NOT GUILTY BY REASON OF INSANITY ACQUITTEE’S NOTICE OF  FIREARM DISABILITY  TIME LIMITS ON COLLATERAL ATTACKS  SEX OFFENDER OR KIDNAPPING OFFENDER REGISTRATION REQUIREMENTS

TO THE ABOVE-NAMED DEFENDANT: You are hereby advised that you have been acquitted by reason of insanity of the offense of ____________________. YOU ARE ADVISED THAT YOU ARE TO IMMEDIATELY SURRENDER ANY

FIREARM AND ANY CONCEALED PISTOL LICENSE AND YOU MAY NOT POSSESS A FIREARM OR A CONCEALED PISTOL LICENSE UNTIL YOUR RIGHT HAS BEEN RESTORED BY A COURT OF RECORD. You are further advised that if you wish to petition or move for collateral attack on any order of hospitalization or order mandating alternative treatment less restrictive than detention in a state hospital, including but not limited to any personal restraint petition, state habeas corpus petition, motion to vacate judgment, motion to withdraw guilty plea, motion for new trial or motion to arrest judgment, you must do so within one year of the final judgment in this matter, except as provided for in RCW 10.73.100. In re Person Restraint of Well, 133 Wn.2d 433, 946 P.2d 750 (1997). If the following numbered paragraphs apply, they should initialed by the Defendant and the Judge. 1. General Applicability and Requirements. Because the offense which you have been acquitted of committing by reason of insanity is classified as a sex offense or kidnapping offense in RCW 9A.44.130, you will be required to register with the sheriff of the county of the state of Washington where you reside. If you are not a resident of Washington but you are a student in Washington or you are employed in Washington or you carry on a vocation in Washington, you must register with the sheriff of the county of your school, place of employment, or vocation. You must register immediately upon being acquitted by reason of insanity unless you are in custody, in which case you must register at the time of your release with the person designated by the agency that has you in custody and you must also register within 24 hours of your release with the sheriff of the county of the state of Washington where you will be residing, or if not residing in the state of Washington, where you are a student, where you are employed, or where you carry on a vocation. 2. Offenders Who Leave the State and Return. If you leave this state following your acquittal or release from custody but later move back to Washington, you must register within three business days after moving to this state or within 24 hours after doing so if you are under the jurisdiction of this state's Department of Social and Health Services. If you leave this state following your acquittal or release from custody, but later while not a resident of Washington you become employed in Washington, carry on a vocation in Washington, or attend school in Washington, you must register within three business days after attending school in this state or becoming employed or carrying out a vocation in this state, or within 24 hours after doing so if you are under the jurisdiction of this state’s Department of Social and Health Services. 3. Change of Residence Within State and Leaving the State. If you change your residence within a county, you must send signed written notice of your change of residence to the sheriff within 72 hours of moving. If you change your residence to a new county within this state, you must send signed written notice of the change of address at least 14 days before moving to the county sheriff in the new county of residence and you must register with the sheriff of the new county within 24 hours of moving. You must also give signed written notice of your change of address to the sheriff of the county where last registered within 10 days of moving. If you move out of Washington State, you must send written notice within 10 days of moving to the new state or foreign country to the county sheriff with whom you last registered in Washington State. 4. Additional Requirements Upon Moving to Another State. If you move to another state, or if you work, carry on a vocation, or attend school in another state you must register a new address, fingerprints, and photograph with the new state within 10 days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. You must also send written notice within 10 days of moving to the new state or to a foreign country to the county sheriff with whom you last registered in Washington State. 5. Notification Requirement When Enrolling in or Employed by a Public or Private

Institution of Higher Education or Common School (K-12). If you are a resident of Washington and you are admitted to a public or private institution of higher education, you shall, within 10 days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff of the county of your residence of your intent to attend the institution. If you become employed at a public or private institution of higher education, you are required to notify the sheriff for the county of your residence of your employment by the institution within 10 days of accepting employment or by the first business day after beginning to work at the institution, whichever is earlier. If your enrollment or employment at a public or private institution of higher education is terminated, you are required to notify the sheriff for the county of your residence of your termination of enrollment or employment within 10 days of such termination. If you attend, or plan to attend, a public or private school regulated under Title 28A RCW or chapter 72.40 RCW, you are required to notify the sheriff of the county of your residence of your intent to attend the school. You must notify the sheriff within 10 days of enrolling or 10 days prior to arriving at the school to attend classes, whichever is earlier. The sheriff shall promptly notify the principal of the school. 6. Registration by a Person Who Does Not Have a Fixed Residence. Even if you do not have a fixed residence, you are required to register. Registration must occur within 24 hours of release in the county where you are being supervised if you not have a residence at the time of your release from custody. Within 48 hours, excluding weekends and holidays, after losing your fixed residence, you must send signed written notice to the sheriff of the county where you last registered. If you enter a different county and stay there for more than 24 hours, you will be required to register in the new county. You must also report in person to the sheriff of the county where you are registered on a weekly basis. The weekly report will be on a day specified by the county sheriff’s office, and shall occur during normal business hours. You may be required to provide a list of the locations where you have stayed during the last seven days. The lack of a fixed residence is a factor that may be considered in determining a sex offender’s risk level and shall make you subject to disclosure to the public at large pursuant to RCW 4.24.550. 7. Reporting Requirements for Persons Who Are Risk Level II or III. If you have a fixed residence and you are designated as a risk level II or III, you must report, in person, every 90 days to the sheriff of the county where you are registered. Reporting shall be on a day specified by the county sheriff’s office, and shall occur during normal business hours. If you comply with the 90-day reporting requirement with no violations for at least five years in the community, you may petition the superior court to be relieved of the duty to report every 90 days. 8. Application for a Name Change. If you apply for a name change, you must submit a copy of the application to the county sheriff of the county of your residence and to the state patrol not fewer than five days before the entry of an order granting the name change. If you receive an order changing your name, you must submit a copy of the order to the county sheriff of the county of your residence and to the state patrol within five days of the entry of the order. RCW 9A.44.130(7). The warning regarding firearms has been read to the defendant.

DATED: _________________________ Judge/Commissioner/Pro Tem _____________________________ Defendant’s Signature Defendant’s Last Name First Name Middle Name ________________________________________________________________________ List any aliases ___________________________________________________________ Residential Street Address City State Zip ________________________________________________________________________ Date of Birth (month/date/year) Driver’s License/ID Number ________________________________________________________________________ Race __________ Sex _______ Weight _______ Height _______ Eyes __________ Hair __________ Court NCIC # ___________________________________ Submit to: Dept. of Licensing, Business & Professions Firearms Unit, PO Box 9649, Olympia, WA 98507-9649. (3) Record. A verbatim record of the notice of verdict return proceedings shall be made. The clerk of the court shall forward a copy of the notice of firearm disability to the Department of Licensing, Business & Professions Firearms Unit. [Adopted effective September 1, 1987; Amended effective September 1, 1995; December 1, 2009.]

citation: CrRLJ CrRLJ 6.16

rule_number: CrRLJ 6.16


title: Reserved

text: CrRLJ 7.1 [RESERVED]

citation: CrRLJ CrRLJ 7.1

rule_number: CrRLJ 7.1


title: Sentencing

text: CrRLJ 7.2 SENTENCING (a) Generally. The court shall state the precise terms of the sentence, which shall include credit for all time spent in custody in connection with the offense. (b) Procedure at Time of Sentencing. The court shall, immediately after sentencing, advise the defendant: (1) of the right to appeal the conviction pursuant to the RALJ or CrRLJ 9.1; (2) that unless a notice of appeal is filed in the court of limited jurisdiction within 30 days after the entry of the judgment and sentence or order appealed from, the right to appeal is waived; (3) that the notice of appeal must be served on all other parties; (4) that the court clerk will, if requested by the defendant appearing without a lawyer, supply a notice of appeal form; (5) of the defendant's right to a lawyer on appeal, and, if unable to pay the costs thereof, to have a lawyer appointed and portions of the trial record necessary for review prepared at public expense for an appeal; and (6) of the time limits on the right to collateral attack imposed by RCW 10.73.090 and .100. If this advisement follows a guilty plea, the court shall advise the defendant that the right to appeal is limited. These proceedings shall be made a part of the record. (c) Sentence. Before imposing sentence, the court shall afford the defendant, and the prosecuting authority, an opportunity to make a statement and to present information in extenuation, mitigation, or aggravation of punishment. (d) Record. A record of the sentencing proceedings shall be made. The sentencing and judgment records of the courts of limited jurisdiction shall be preserved in perpetuity, either in an electronic or hard copy format. "Hard copy format" may include microfilm, microfiche, or a paper copy. The record of the sentencing proceedings shall be prima facie evidence of a valid conviction in subsequent proceedings in courts of limited jurisdiction and in superior court. (e) Judgment and Sentence. (1) An electronic judgment and sentence shall be prescribed by the Administrator for the Courts in conjunction with the Judicial Information System Committee (JISC). (2) A non-electronic judgment and sentence form shall be prescribed by the Administrator for the Courts in conjunction with the Supreme Court Pattern Forms Committee. (3) Notwithstanding any other statute or rule to the contrary, each judgment and sentence form, either electronic or hard copy, shall be preserved by the court in perpetuity. [Adopted effective September 1, 1987; Amended effective September 1, 1991; September 1, 1995; June 4, 1997; September 1, 2015.]

citation: CrRLJ CrRLJ 7.2

rule_number: CrRLJ 7.2


title: Judgment

text: CrRLJ 7.3 JUDGMENT A judgment of conviction shall set forth whether the defendant was represented by a lawyer or waived representation by a lawyer, the plea, the verdict or findings, and the adjudication and sentence. The court may order that its sentence include special conditions or requirements, including a specified schedule for the payment of a fine, restitution, or other costs, or the performance of community service. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. The judge or clerk shall enter the judgment on the record. The judgment and record of the sentencing proceedings of the courts of limited jurisdiction shall be preserved in perpetuity, either in an electronic or hard copy format. "Hard copy format" may include microfilm, microfiche, or a paper copy. At a minimum, the judgment and record of the sentencing proceedings shall include: (a) Defendant's name; (b) Defendant's ID numbers; (c) Citation to the statute or ordinance, including subsections, under which the defendant was sentenced; (d) Identification of any charge to which the defendant pleaded guilty or was found guilty that is a crime of domestic violence under state law; (e) Arraignment date; (f) The plea, and the date entered; (g) Representation by or waiver of lawyer, as well as date of lawyer's appearance or waiver; (h) The parties appearing, including but not limited to the judge, attorneys, prosecutor, defense counsel, witnesses; (i) Verdict or findings, and the date entered; (j) Adjudication and sentence, and the date entered; (k) Conditions or requirements of the sentence, including but not limited to a specified schedule for the payment of a fine, restitution, or other costs, performance of community service, counseling or treatment; (l) The outcomes of any hearings held on the case, including but not limited to noncompliance hearings, reviews. The judgment and record of the sentencing proceedings shall be prima facie evidence of a valid conviction in subsequent proceedings in courts of limited jurisdiction and in superior court. [Adopted effective September 1, 1987; Amended effective June 4, 1997; Dec. 28, 2010; July 9, 2024.]

citation: CrRLJ CrRLJ 7.3

rule_number: CrRLJ 7.3


title: Arrest of Judgment

text: CrRLJ 7.4 ARREST OF JUDGMENT (a) Arrest of Judgment. Judgment may be arrested on the motion of the defendant for the following causes: (1) lack of jurisdiction of the person or offense; (2) the complaint or citation and notice does not charge a crime; or (3) insufficiency of the proof of a material element of the crime. (b) Time for Motion; Contents of Motion. A motion for arrest of judgment must be served and filed within 10 days after the verdict or decision. The court on application of the defendant or on its own motion may in its discretion extend the time until such time as judgment is entered. The motion for arrest of judgment shall identify the specific reasons in fact and law for each ground on which the motion is based. (c) New Charges After Arrest of Judgment. When judgment is arrested and there is reasonable ground to believe that the defendant can be convicted of an offense properly charged, the court may order the defendant to be recommitted or released to answer a new complaint or citation and notice. If judgment was arrested because there was no proof of a material element of the crime the defendant shall be discharged. (d) Rulings on Alternative Motions in Arrest of Judgment or for a New Trial. Whenever a motion in arrest of a judgment and, in the alternative, for a new trial is filed and submitted in any criminal cause tried before a jury, and the court enters an order granting the motion in arrest of judgment, the court shall, at the same time, in the alternative, pass upon and decide in the same order the motion for a new trial. The ruling upon the motion for a new trial shall not become effective unless and until the order granting the motion in arrest of judgment is reversed, vacated, or set aside in the manner provided by law. [Adopted effective September 1, 1987; Amended effective September 1, 1991; June 27, 2023.]

citation: CrRLJ CrRLJ 7.4

rule_number: CrRLJ 7.4


title: New Trial

text: CrRLJ 7.5 NEW TRIAL (a) Grounds for New Trial. The court may, on its own motion or on motion of the defendant, grant a new trial for any one of the following causes when it affirmatively appears that a substantial right of the defendant was materially affected: (1) Receipt by the jury of any evidence, paper, document or book not allowed by the court; (2) Misconduct of the prosecution or jury; (3) Newly discovered evidence material for the defendant, which the defendant could not have discovered with reasonable diligence and produced at the trial; (4) Accident or surprise; (5) Irregularity in the proceedings of the court, jury or prosecution, or any order of court, or abuse of discretion, by which the defendant was prevented from having a fair trial; (6) Error of law occurring at the trial and objected to at the time by the defendant; (7) That the verdict or decision is contrary to law and the evidence; (8) That substantial justice has not been done. When the motion is based on matters outside the record, the facts shall be shown by affidavit. (b) Time for Motion; Contents of Motion. A motion for new trial must be served and filed within 10 days after the verdict or decision. The court on application of the defendant or on its own motion may in its discretion extend the time until such time as judgment is entered. The motion for a new trial shall identify the specific reasons in fact and law for each ground on which the motion is based. (c) Time for Affidavits. When a motion for a new trial is based on affidavits they shall be served with the motion. The prosecuting authority has 10 days after such service within which to serve opposing affidavits. The court may extend the period for submitting affidavits to a time certain for good cause shown or upon stipulation. (d) Statement of Reasons. In all cases where the court grants a motion for a new trial, it shall, in the order granting the motion, state whether the order is based upon the record or upon facts and circumstances outside the record which cannot be made a part thereof. If the order is based upon the record, the court shall give definite reasons of law and fact for its order. If the order is based upon matters outside the record, the court shall state the facts and circumstances upon which it relied. [Adopted effective September 1, 1987; Amended effective September 1, 1991; June 27, 2023.]

citation: CrRLJ CrRLJ 7.5

rule_number: CrRLJ 7.5


title: Probation

text: CrRLJ 7.6 PROBATION (a) Probation. After conviction of an offense the defendant may be placed on probation as provided by law. (b) Jurisdiction. Pursuant to RCW 39.34.180, the court may transfer probation. (c) Revocation or Modification of Probation. The court shall not revoke or modify probation except (1) after a hearing in which the defendant physically or remotely appears or (2) upon stipulation of the parties. The defendant has the right to physically appear at all evidentiary hearings and any hearing the defense sets to reconsider bail or conditions of release. The court has discretion to allow the defendant to appear through counsel. (d) Release Pending Probation Hearing. If the defendant has been arrested for an alleged probation violation, the court shall release the defendant within 24 hours or hold a hearing on the next judicial day to determine release conditions pursuant to rule 3.2. (e) Timing of Probation Hearing. If a defendant is held in custody on the alleged probation violation, the court must hold a probation hearing in which the defendant has the right to physically appear within two weeks of the defendant’s arrest unless the defendant requests a continuance. If the hearing is not set for a date within two weeks of arrest, the defendant shall be released pending the hearing. (f) Rights of the Defendant Unless Waived. The defendant is entitled to be represented by a lawyer, and a lawyer shall be appointed for a defendant financially unable to obtain one. Before a probation hearing, the probationer shall be advised of the nature of the alleged violation and provided discovery of evidence supporting the allegation, including names and contact information of witnesses. If the defendant seeks to cross-examine witnesses, the defendant shall give notice at least three days before the hearing. A defendant who gives such notice shall have the right to confront adverse witnesses unless the court specifically finds good cause for not allowing confrontation. At the hearing, the defendant shall have the right to present evidence and cross-examine any witnesses. (g) Record of Grounds for Decision. If the court revokes probation, it shall state the grounds for its decision succinctly in the record. [Adopted effective September 1, 1987. Amended effective January 1, 2023; May 2, 2023; July 9, 2024.]

citation: CrRLJ CrRLJ 7.6

rule_number: CrRLJ 7.6


title: Reserved

text: CrRLJ 7.7 [RESERVED]

citation: CrRLJ CrRLJ 7.7

rule_number: CrRLJ 7.7


title: Relief From Judgment or Order

text: CrRLJ 7.8 RELIEF FROM JUDGMENT OR ORDER (a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. Such mistakes may be so corrected before review is accepted by the superior court and thereafter may be corrected by order of the superior court. (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party from a final judgment, order, or proceeding for the following reasons: (1) Mistakes, inadvertence, surprise, excusable neglect or irregularity in obtaining a judgment or order; (2) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under rule 7.5; (3) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) The judgment is void; or (5) Any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time and for reasons (1) and (2) not more than 1 year after the judgment, order, or proceeding was entered or taken, and is further subject to RCW 10.73.090, .100, .130, and .140. A motion under this section does not affect the finality of the judgment or suspend its operation. (c) Procedure on Vacation of Judgment. (1) Motion. Application shall be made by motion stating the grounds upon which relief is asked, and supported by affidavits setting forth a concise statement of the facts or errors upon which the motion is based. (2) Initial Consideration. The court may deny the motion without a hearing if the facts alleged in the affidavits do not establish grounds for relief. Otherwise, the court shall enter an order fixing a time and place for hearing and directing the adverse party to appear and show cause why the relief asked for should not be granted. [Adopted effective September 1, 1987; Amended effective September 1, 1991.]

citation: CrRLJ CrRLJ 7.8

rule_number: CrRLJ 7.8


title: Time

text: CrRLJ 8.1 TIME (a) Computation. Time shall be computed in accordance with CRLJ 6(a). (b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion, (1) with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or, (2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect. The court may not extend the time for taking any actions under rules 7.4, 7.5, 7.8, and 9.1. (c) For Motions--Affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 5 days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; except as otherwise provided in rule 7.5, opposing affidavits may be served not later than 1 day before the hearing, unless the court permits them to be served at some other time. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 8.1

rule_number: CrRLJ 8.1


title: Motions

text: CrRLJ 8.2 MOTIONS Rules 3.5 and 3.6 and CRLJ 7(b) shall govern motions in criminal cases. A motion for reconsideration shall be governed by CRLJ 59(b), (e), and (j). [Adopted effective September 1, 1987; Amended effective September 1, 1995; February 1, 2021.]

citation: CrRLJ CrRLJ 8.2

rule_number: CrRLJ 8.2


title: Dismissal

text:
CrRLJ 8.3 DISMISSAL (a) On Motion of Prosecution. The court may, in its discretion, upon motion of the prosecuting authority setting forth the reasons therefor, dismiss a complaint or citation and notice. (b) On Motion of Court. The court, in the furtherance of justice after notice and hearing, may dismiss any criminal prosecution due to arbitrary action or governmental misconduct when there has been prejudice to the rights of the accused. In deciding whether to dismiss, the court shall consider the following factors in addition to any other information the court believes is relevant to the inquiry: (1) the seriousness and circumstances of the offense; (2) the impact of a dismissal or lack of dismissal on the safety or welfare of the community (the defendant is part of the community); (3) the impact of a dismissal or lack of dismissal upon the confidence of the public in the criminal justice system; (4) the degree and impact of the arbitrary action or governmental misconduct. The court shall set forth its reasons in a written order. (c) On Motion of Defendant for Pretrial Dismissal. The defendant may, prior to trial, move to dismiss a criminal charge due to insufficient evidence establishing a prima facie case of the crime charged. (1) The defendant's motion shall be in writing and supported by an affidavit or declaration alleging that there are no material disputed facts and setting out the agreed facts, or by a stipulation to facts by both parties. The stipulation, affidavit or declaration may attach and incorporate police reports, witness statements or other material to be considered by the court when deciding the motion to dismiss. Any attached reports shall be redacted if required under the relevant court rules and statutes. (2) The prosecuting authority may submit affidavits or declarations in opposition to defendant’s supporting affidavits or declarations. The affidavits or declarations may attach and incorporate police reports, witness statements or other material to be considered by the court when deciding defendant’s motion to dismiss. Any attached reports shall be redacted if required under the relevant court rules and statutes. (3) The court shall grant the motion if there are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt. In determining defendant’s motion, the court shall view all evidence in the light most favorable to the prosecuting authority and the court shall make all reasonable inferences in the light most favorable to the prosecuting authority. The court may not weigh conflicting statements and base its decision on the statement it finds the most credible. The court shall not dismiss a sentence enhancement or aggravating circumstance unless the underlying charge is subject to dismissal under this section. A decision denying a motion to dismiss under this rule is not subject to appeal under RALJ 2.2. A defendant may renew the motion to dismiss if the trial court subsequently rules that some or all of the prosecuting authority’s evidence is inadmissible. (4) If the defendant’s motion to dismiss is granted, the court shall enter a written order setting forth the evidence relied upon and conclusions of law. The granting of defendant's motion to dismiss shall be without prejudice.

[Adopted effective September 1, 1987; Amended effective September 1, 1995; September 1, 2008; September 1, 2025.]

citation: CrRLJ CrRLJ 8.3

rule_number: CrRLJ 8.3


title: Service, Filing, and Signing of Papers

text: CrRLJ 8.4 SERVICE, FILING, AND SIGNING OF PAPERS (a) Service: When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint or citation and notice, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, application, designation of record on appeal, and similar paper shall be served upon each of the parties. (b) Service: How Made. (1) On Lawyer or Party. Whenever under these rules service is required or permitted to be made upon a party represented by a lawyer the service shall be made upon the lawyer unless service upon the party is ordered by the court. Service upon the lawyer or upon a party shall be made by delivering a copy to the person or by mailing it to the persons last known address. Delivery of a copy within this rule means: handing it to the lawyer or to the party; or leaving it at the persons office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the persons dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. (2) Service by Mail. (i) How Made. CRLJ 5(b)(2)(i) shall govern service by mail. (ii) Proof of Service by Mail. Proof of service by mail may be by affidavit or certification, under RCW 9A.72.085 or any law amendatory thereof, of the person who mailed the papers, or by written acknowledgment of service. (c) Filing With Court. The complaint or citation and notice shall be filed as in rule 2.1. All other pleadings required to be served upon a party shall be filed with the court pursuant to CRLJ 5(e). (d) Bar Association Membership Number. All pleadings, motions, and legal memoranda signed by an attorney shall include the attorneys Washington State Bar Association membership number in the signature block. (e) Filing by Facsimile. [Reserved. See GR 17--Facsimile Transmission.] [Adopted effective September 1, 1987; Amended effective September 1, 1990; September 1, 1993.]

citation: CrRLJ CrRLJ 8.4

rule_number: CrRLJ 8.4


title: Reserved

text: CrRLJ 8.5 [RESERVED]

citation: CrRLJ CrRLJ 8.5

rule_number: CrRLJ 8.5


title: Objections and Exceptions

text: CrRLJ 8.6 OBJECTIONS AND EXCEPTIONS CRLJ 46 shall govern objections and exceptions to rulings and orders in criminal cases. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 8.6

rule_number: CrRLJ 8.6


title: Reserved

text: CrRLJ 8.7 [RESERVED]

citation: CrRLJ CrRLJ 8.7

rule_number: CrRLJ 8.7


title: Discharge

text: CrRLJ 8.8 DISCHARGE Upon acquittal, or whenever the court shall direct any criminal prosecution to be dismissed, the defendant shall be released from custody or conditions of release on such charge and any bail shall be exonerated. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 8.8

rule_number: CrRLJ 8.8


title: Disqualification of Judge

text: CrRLJ 8.9 DISQUALIFICATION OF JUDGE (a) Disqualification. In any case pending in any court of limited jurisdiction, unless otherwise provided by law, the judge thereof shall be deemed disqualified to hear and try the case when the judge is in any way interested or prejudiced. The judge may enter an order of disqualification. (b) Affidavit of Prejudice. The judge shall also enter an order of disqualification under the provisions of this rule if, before the judge makes a discretionary ruling and before the trial is commenced, a party files an affidavit alleging that the party cannot have a fair and impartial trial by reason of the interest or prejudice of the judge or for other ground provided by law. Only one such affidavit shall be filed on behalf of the same party in the case and the affidavit shall be made as to only one of the judges of the court. All rights to an affidavit of prejudice will be considered waived when filed more than 10 days after the defendant's plea is entered or arraignment is waived, unless the affidavit alleges a particular incident, conversation or utterance by the judge, which was not known to the party within the 10-day period. In multiple judge courts, or when a pro tempore or visiting judge is designated as the judge, the 10-day period shall commence on the date that the party has actual notice of assignment or reassignment to a designated judge. (c) Transfer. Whenever a judge is disqualified, the judge shall immediately make an order transferring and removing the case to another judge authorized by law to hear the case. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 8.9

rule_number: CrRLJ 8.9


title: Reserved

text: CrRLJ 8.10 [RESERVED] [Adopted effective September 1, 1987; Repealed effective December 10, 2013.]

citation: CrRLJ CrRLJ 8.10

rule_number: CrRLJ 8.10


title: Reserved

text: CrRLJ 8.11 [RESERVED] [Adopted effective September 1, 1987; Repealed effective December 10, 2013.]

citation: CrRLJ CrRLJ 8.11

rule_number: CrRLJ 8.11


title: Reporting Traffic Offenses

text: CrRLJ 8.12 REPORTING TRAFFIC OFFENSES The court shall upon entry of bail forfeiture or entry of judgment of guilty of a criminal traffic offense forward to the Department of Licensing a copy of the complaint or citation and notice to appear and an abstract of the courts order. [Adopted effective September 1, 1987; Amended effective November 21, 2006.]

citation: CrRLJ CrRLJ 8.12

rule_number: CrRLJ 8.12


title: Perfecting of Appeal

text: CrRLJ 9.1 PERFECTING OF APPEAL (a) Scope of Rule. This rule applies only to proceedings which are not subject to appellate review under the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The proceedings to which those rules apply are defined by RALJ 1.1. (b) Venue. Appeals shall be to the superior court of the county in which the court of limited jurisdiction is located. The appeal from a district court located in a joint district court district shall be made to the superior court of the county where the offense was alleged to have been committed. (c) Notice of Appeal. The appeal shall be taken by filing in the court of limited jurisdiction that entered the decision a written notice of appeal containing the address of the appellant and the appellant's lawyer within 30 days after entry of judgment. If a motion for a new trial or for arrest of judgment has been timely made, the notice of appeal shall be filed within 30 days after entry of the order denying the motion. The clerk of the court of limited jurisdiction shall immediately upon the filing of a notice of appeal file a copy of the notice with the superior court. Filing the notice of appeal is the only jurisdictional requirement for an appeal. A party filing a notice of appeal shall also, within the same 30 days, serve a copy of the notice of appeal upon the prosecuting authority. An acknowledgment or affidavit of service shall be filed in the court of limited jurisdiction. (d) The Record. Within 14 days after the filing of the notice of appeal, the clerk of the court of limited jurisdiction shall file with the clerk of the superior court in which the appeal is pending a transcript duly certified by the court of limited jurisdiction, furnished without charge, containing a copy of all written pleadings and docket entries and including exhibits introduced into evidence in the trial before the court of limited jurisdiction. A cash bail or bail bond filed in the lower court shall at the same time be transferred to the superior court, there to be held pending disposition of the appeal. Evidence not offered in trial in the superior court shall be returned to the court of limited jurisdiction. (e) Notice of Filing. The court of limited jurisdiction shall give prompt notice of the filing or mailing of the transcript to the respondent and appellant, giving such particulars as date of filing or mailing and superior court file number if known. Where the court of limited jurisdiction is not located at the county courthouse, such filing may be made by certified mail, in which case the court of limited jurisdiction shall advise appellant and respondent of the date of mailing. (f) Noting for Trial. Within 21 days after the transcript is filed, the superior court shall set a trial date and notify the parties of the date. [Adopted effective September 1, 1987; Amended effective September 1, 1995.]

citation: CrRLJ CrRLJ 9.1

rule_number: CrRLJ 9.1


title: Imposition of Sentence Pending Appeal

text: CrRLJ 9.2 IMPOSITION OF SENTENCE PENDING APPEAL (a) Scope of Rule. This rule applies only to proceedings which are not subject to appellate review under the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The proceedings to which those rules apply are defined by RALJ 1.1. (b) Stay of Sentence. All sentences shall be stayed if an appeal is taken and the defendant posts cash bail or a bond to the state which shall be deposited with the clerk of the court of limited jurisdiction, in such reasonable sum with sureties as the lower court judge may require, upon the following conditions: that the defendant will diligently prosecute the appeal, and will appear at the court appealed to and comply with any sentence of the superior court, and will, if the appeal is dismissed for any reason, comply with the sentence of the lower court. (c) Imposition of Sentence. If the appellant fails to provide security, sentence imposed shall be executed. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 9.2

rule_number: CrRLJ 9.2


title: Prosecution of Appeal

text: CrRLJ 9.3 PROSECUTION OF APPEAL (a) Scope of Rule. This rule applies only to proceedings which are not subject to appellate review under the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The proceedings to which those rules apply are defined by RALJ 1.1. (b) Failure To Certify Transcript. If the lower court fails, neglects or refuses to make and certify the transcript within the time allowed, the appellant may make application to the superior court not later than 21 days after the filing of the notice of appeal and the superior court shall issue an order to make and certify the transcript. (c) Dismissal for Want of Prosecution. Upon dismissal of the appeal for failure of appellant to proceed diligently with the appeal as required, or for any other cause, the judgment of the lower court shall be enforced by the judge thereof. If, at the time of such dismissal, cash deposit or appeal bond as required has been furnished and is in the custody of the superior court, the same shall be returned to the lower court. The lower court shall have power to forfeit the cash bail or appeal bond and issue execution thereon for breach of any condition under which it is furnished. (d) Dismissal on Clerks Motion. In all appeals from courts of limited jurisdiction wherein there has been no action of record during the 90 days just past, the clerk of the superior court shall mail notice to the appellant and the lawyers at the addresses contained in the notice of appeal that such appeal will be dismissed by the court for want of prosecution unless, within 30 days following such mailing, an application in writing is made to the court and good cause shown why it should be continued as a pending case. If the appeal is dismissed, the clerk of the court will proceed as in section (c). [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 9.3

rule_number: CrRLJ 9.3


title: Scope and Purpose of Rules

text: IRLJ 1.1 SCOPE AND PURPOSE OF RULES (a) Scope of Rules. These rules govern the procedure in courts of limited jurisdiction for all cases involving "infractions". Infractions are noncriminal violations of law defined by statute. (b) Purpose. These rules shall be construed to secure the just, speedy, and inexpensive determination of every infraction case. (c) Effect of Other Law. These rules supersede all conflicting rules and statutes covering procedure for infractions unless a rule indicates a statute or rule controls. Provisions of statute or rule not inconsistent with these rules shall remain in effect. [Adopted effective January 1, 1981; Amended effective September 1, 1992.]

citation: IRLJ IRLJ 1.1

rule_set: IRLJ

rule_number: IRLJ 1.1


title: Definitions

text: IRLJ 1.2 DEFINITIONS For the purposes of these rules: (a) Infraction Case. "Infraction case" means a civil proceeding initiated in a court of limited jurisdiction pursuant to a statute that authorizes offenses to be punished as infractions. (b) Notice of Infraction. "Notice of infraction" means a document initiating an infraction case when issued and filed pursuant to statute and these rules. (c) Defendant. "Defendant" means a person cited for an infraction, a registered owner of a vehicle cited for a parking infraction, or the person who responds to the parking infraction or requests a hearing. (d) Court. "Court" means a court of limited jurisdiction organized pursuant to RCW Title 3, RCW Title 35, or RCW Title 35A. (e) Judgment. "Judgment" means any final decision in an infraction case, including, but not limited to, a finding entered after a hearing governed by these rules or after payment of a monetary penalty in lieu of a hearing. (f) Plaintiff. "Plaintiff" means the governmental unit issuing the notice of infraction, including, but not limited to, the state, a county, or a municipality. (g) Department. "Department" means the Washington State Department of Licensing. (h) Lawyer. "Lawyer" means any person authorized by Supreme Court rule to practice law. (i) Statute. "Statute" means any state statute, local or county ordinance, resolution, or regulation, or agency regulation. (j) Citing Officer. "Citing officer" means a law enforcement officer or other official authorized by law to issue a notice of infraction. (k) Prosecuting Authority. "Prosecuting authority" includes prosecuting attorneys, city attorneys, corporation counsel, and their deputies and assistants, or such other persons as may be designated by statute. (l) Judge. "Judge" means any judge of any court of limited jurisdiction and shall include every judicial officer authorized to preside over infraction cases. (m) Community Restitution. “Community restitution” means compulsory service, without compensation, performed for the benefit of the community by the defendant. [Adopted effective September 1, 1992; Amended effective June 2, 1998; January 3, 2006.]

citation: IRLJ IRLJ 1.2

rule_number: IRLJ 1.2


title: Local Court Rules

text: IRLJ 1.3 LOCAL COURT RULES (a) Adoption. Each court may adopt special infraction rules not inconsistent with these general rules. (b) Format. The numbering system and format of local rules shall conform to these rules. (c) Filing. Local rules become effective only after they are filed with the Administrator for the Courts in accordance with GR 7. [Adopted effective January 1, 1981; Amended effective September 1, 1992.]

citation: IRLJ IRLJ 1.3

rule_number: IRLJ 1.3


title: Notice of Infraction

text: IRLJ 2.1 NOTICE OF INFRACTION (a) Infraction Form Prescribed or Approved by the Administrative Office of the Courts. Infraction cases shall be filed on a form entitled "Notice of Infraction" prescribed by the Administrative Office of the Courts; except that the form used to file cases alleging the commission of a parking, standing or stopping infraction shall be approved by the Administrative Office of the Courts. Notice of Infraction forms prescribed or approved by the Administrative Office of the Courts are presumed valid and shall not be deemed insufficient by reason of defects or imperfections which do not prejudice substantial rights of the defendant. (b) Contents. Subject to IRLJ 3.1(d), the notice of infraction shall contain the following information on the copy given to the defendant, except the information required by subsection (2) is not required on a notice of infraction alleging the commission of a parking, standing, or stopping infraction: (1) The name, address, and phone number of the court where the notice of infraction is to be filed; (2) The name, address, date of birth, sex, physical characteristics, and, for a notice of traffic infraction, the operator's license number of the defendant; (3) For a notice of traffic infraction, the vehicle make, year, model, style, license number, and state in which licensed; (4) The infraction which the defendant is alleged to have committed and the accompanying statutory citation or ordinance number, the date, time, and place the infraction occurred, the date the notice of infraction was issued, and the name and, if applicable, the number of the citing officer; (5) A statement that the defendant must respond to the notice of infraction within 30 days of the date the notice is personally served or, if the notice is served by mail, within 33 days of the date the notice is mailed; (6) A space for entry of the monetary penalty which respondent may pay in lieu of appearing in court; (7) A statement that a mailed response must be mailed not later than midnight on the day the response is due; (8) The statements required by RCW 46.63.060 or other applicable statute; and (9) Any additional information determined necessary by the Administrative Office of the Courts. [Adopted effective January 1, 1981; Amended effective June 2, 1998; January 3, 2006; November 21, 2006; May 6, 2008; September 1, 2010; July 24, 2012; January 1, 2023.]

citation: IRLJ IRLJ 2.1

rule_number: IRLJ 2.1


title: Initiation of Infraction Cases

text: IRLJ 2.2 INITIATION OF INFRACTION CASES (a) Generally. An infraction case is initiated by the issuance, service, and filing of a notice of infraction in accordance with this rule. An infraction is issued on the date the infraction is signed by the citing officer or prosecuting authority. (b) Who May Issue. A notice of infraction may be issued, upon certification that the issuer has probable cause to believe, and does believe, that a person has committed an infraction contrary to law: (1) By a citing officer. The infraction need not have been committed in the officer’s presence, except as provided by statute; (2) By the prosecuting authority. (c) Service of Notice. A notice of infraction may be served either by: (1) The citing officer serving the notice of infraction on the person named in the notice of infraction at the time of issuance; (2) The citing officer affixing to a vehicle in a conspicuous place the notice of a traffic infraction if it alleges the violation of a parking, standing, or stopping statute; or (3) The citing officer or the prosecuting authority filing the notice of infraction with the court, in which case the court shall have the notice served either personally or by mail, postage prepaid, on the person named in the notice of infraction at his or her address. If a notice of infraction served by mail is returned to the court as undeliverable, the court shall issue a summons. (d) Filing of Notice. When a notice of infraction has been issued, the notice shall be filed with a court having jurisdiction over the infraction or with a violations bureau subject to such courts supervision. The notice must be filed within five (5) days of issuance of the notice, excluding Saturdays, Sundays, and holidays. In the absence of good cause shown, a notice of infraction not filed within the time limits of this section shall, upon motion, be dismissed with prejudice. [Adopted as JTIR effective January 1, 1981; Amended effective September 1, 1989. Changed from JTIR to IRLJ effective September 1, 1992; Amended effective September 1, 1997; September 1, 1999; Amended effective January 3, 2006.]

citation: IRLJ IRLJ 2.2

rule_number: IRLJ 2.2


title: Venue

text: IRLJ 2.3 VENUE Except as otherwise specifically provided by statute, an infraction case shall be brought in the district court district or the municipality where the infraction occurred. If a notice of infraction is filed in a court which is not the proper venue, the notice shall be dismissed without prejudice on motion of either party. [Adopted effective January 1, 1981; Amended effective September 1, 1989; September 1, 1992.]

citation: IRLJ IRLJ 2.3

rule_number: IRLJ 2.3