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DISTRICT COURT I OF CLALLAM COUNTY
LOCAL RULES
TABLE OF RULES
I. CIVIL PROCEEDINGS
LRCRLJ
III. INFRACTIONS
IRLJ
3.1(b)(1)CONTESTED HEARINGS DISCOVERY
I. CIVIL PROCEEDINGS
LRCRLJ 6.40(g)
MANDATORY MEDIATION FOR SMALL CLAIMS COURT
Mediation is strongly encouraged before a trial is allowed in Small Claims Court. The court will set the date for mediation at the time of filing. Both parties must attend the mediation or formally opt-out. If the plaintiff fails to appear, a dismissal may be entered. If the defendant fails to appear or formally opt-out, their answer, if one was filed, may be stricken and default judgment entered. Parties must bring their evidence to the mediation, however, no witnesses are allowed. The purpose of mediation is to settle the case if possible; if no settlement is made at mediation, the case will be set for trial. Attorneys and paralegals may not represent parties at mediation.
[July 1, 2003]
II. CRIMINAL MATTERS
LRCrRLJ2.1(A)(1)(i)
DIVERSION OF DWLS3
The Prosecutor from each jurisdiction may imlement a pre file diversion program for DWLS3, as authorized by law. All complaints and citations for DWLS3 shall be reviewed prior to being filed with the court for eligibility into the Prosecutorīs program.
[July 1, 2009]
WARRANTS ISSUED FOR FAILING TO APPEAR
Defendants that fail to appear, or to provide documentation to the court that they have completed their conditions of Judgement and Sentence prior to the scheduled review hearing, will have warrants issued for their arrest.
[July 1, 2003]
The Clallam Public Defender Office representation of an appointed client is concluded and withdrawn at "disposition in District Court" or 60 days after the issuance of a Warrant of Arrest for the Defendant by the court. Disposition is the entry of a Judgment and Sentence, Order of Dismissal or Order Modifying.
[July 1, 2009]
LRCrRLJ 3.2.1(e)(3)
PROCEDURE AT PRELIMINARY APPEARANCE
(1)Any accused detained in jail must be brought before the court before the close of business on the next court day as specified by CrRLJ 3.2.1(d)(1).
(2)Any defendant given a preliminary appearance date by citation, criminal complaint, or summons shall appear as scheduled.
(3)At the preliminary appearance, the defendant shall sign a Rights Form and Conditions of Release. Preliminary appearance of the defendant shall only be excused under unusual circumstances by order of the court. When preliminary appearance is excused the Promise to Return and Conditions of Release shall be entered, setting arraignment date and conditions of release, by telephonic record in open court. The clerk shall forward a copy of this Order to counsel for the plaintiff and defendant, or defendant if pro-se, thereby providing notice for arraignment.
[July 1, 2003]
APPEARANCE BY DEFENDANT'S LAWYER
The defendant must appear in person for arraignment with their lawyer unless the defendant knowingly and voluntarily waives his/her right to counsel in writing. Appearance at arraignment is not waived by the defendant's lawyer filing an appearance and plea of not guilty on behalf of a client. At arraignment appearance of either the defendant or lawyer shall only be excused under unusual circumstances by order of the court. When the defendant and the defendant's lawyer are present at the regular scheduled preliminary appearance calendar arraignment may be conducted. The entry of plea, conditions of release on the Promise to Return and Order Pending Trial, and Order Setting Schedule and Directing Pretrial Procedure may all be entered; thereby, eliminating the need for a separate arraignment appearance as specified in LRCrRLJ 3.3(c).
[July 1, 2003]
LRCrRLJ 4.5(a)
PRETRIAL HEARING
(1)Jury Readiness Hearing: On the Tuesday two weeks prior to trial setting, Jury Readiness Hearing will be held. All parties and counsel shall be present and all pretrial matters, shall be concluded. The presence of the defendant may not be waived except under estraodinary circumstances by order of the court. Failure of the defendant to be present at the Jury Readiness Hearing will result in the issuance of a bench warrant and the striking of the jury trial date.
(2)Trial Confirmation: On Tuesday the day before trial, a Trial Confirmation Hearing will be held. After the Trial Confirmation Hearing is held, notice not later than 4:30pm must be given to the Court Clerk to cancel the jury or costs may be assessed. Waiver of such costs may be allowed only by the Judge assigned to the case or the Presiding Judge of Clallam County District Court I.
[July 1, 2009]
LRCrRLJ 4.8(b)(1)(a)
DRIVING WHILE SUSPENDED SUBPOENA DUCES TECUM
A defendant accused of a charge of Driving While Suspended may, through his/her attorney, issue a subpoena Duces Tecum upon the Department of Licensing in Olympia for records reasonably relating to the existence and service of the drivers license suspension alleged. Said subpoena shall permit the Department of Licensing no less than 14 days from the completion of service to comply with the subpoena. The subpoena shall also permit the Department of Licensing to comply by fax or first class mail, postage pre-paid to the attorney's business address.
[July 1, 2004]
LRCrRLJ 6.1.1(a)
NOTICE THAT JURY IS REQUIRED
(1) After the Trial Confirmation Hearing has concluded, the cases that are set for trial on the following day shall be ranked in order of their expiration of speedy trial. (Generally the case with the closest expiration date shall be set first.)
[July 1, 2009]
IRLS3.1(b)(1)
CONTESTED HEARINGS DISCOVERY
Speed measuring devices certification documents can be obtained from the court clerk during normal business hours prior to a contested hearing. Speed measuring device certifications are not subject to discovery.
[July 1, 2004]
Contact District Court I with questions or comments about the information on this page.
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