TABLE OF RULES

I.  CIVIL PROCEEDINGS

LRCRLJ

40(g)MANDATORY MEDIATION FOR SMALL CLAIMS COURT

                                 II.  CRIMINAL MATTERS

       LRCrRLJ

2.2.5(c)WARRANTS ISSUED FOR FAILING TO APPEAR

3.2.1(e)PROCEDURE AT PRELIMINARY APPEARANCE

3.3(c)TIME FOR ARRAIGNMENT AND TRIAL

     4.1(d)APPEARANCE BY DEFENDANT'S LAWYER

    4.5(a)PRETRIAL HEARING

                 4.8(b)(1)(a)DRIVING WHILE SUSPENDED SUBPOENA DUCES TECUM

                                         6.1.1(a)NOTICE THAT JURY IS REQUIRED

     III.  INFRACTIONS

                                                                         IRLJ

                                     3.1(b)(1)CONTESTED HEARINGS DISCOVERY

I.  CIVIL PROCEEDINGS

LRCRLJ 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

LRCrRLJ 2.2.5(c)

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. Bail will be set in the amount of $500.00 dollars. These failure to appear warrants may be issued/signed by the court administrator. 

 [July 1, 2003]

LRCrRLJ 3.2.1(e)

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 Promise to Return and Order Pending Trial.  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 Order Pending Trial 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]

LRCrRLJ 3.3(c)

TIME FOR ARRAIGNMENT AND TRIAL

The defendant shall be arraigned on a Tuesday, at a time set by the clerk, fifteen days or less from their preliminary appearance.

[July 1, 2003]

LRCrRLJ 4.1(d)

APPEARANCE BY DEFENDANT'S LAWYER

The defendant must appear in person for arraignment with their lawyer.  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 prior to trial setting, Jury Readiness Hearing will be held.  At such hearing all parties and counsel shall be present wherein all pretrial matters, including plea agreements, shall be concluded.  The presence of the defendant may not be waived except under extraordinary circumstances by order of the court.  The case will be tried by jury, unless waived by the defendant, or concluded by guilty plea or dismissal of the charge(s).  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.  If, after the Jury Readiness Hearing is held, the jury is struck, sufficient advance notice must be given to the Court Clerk 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.

(2)Failure to raise a pretrial issue:  The failure to timely file a motion or to fully comply with LRCrRLJ4.5(a)(1)(ii) shall be deemed a waiver of that issue unless it is determined, by the court, that it could not have been reasonably raised at the time of the motions deadline.

[July 1, 2003]

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 readiness hearing has concluded, the cases that are set for trial on the following Wednesday shall be ranked in order of their expiration of speedy trial. (Generally the case with the closest expiration date shall be set first.) Not later than 1:00 pm on the Tuesday before trial, both defense counsel and the prosecutor shall confirm with the court administrator whether the case is actually going to trial.

(2) Plea offers will not be accepted on the day of a jury trial, except in the most extraordinary circumstances, unless the jury has been stricken by counsel prior to Tuesday at 1:00pm.

[July 1, 2004]

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]