Local Court Rules

GENERAL RULES

SMCLR 1.7 ADOPTION OF LOCAL RULES

These rules are adopted pursuant to CrRLJ 1.7.

[Effective May 2, 1988.]

Top of Page

SMCLR 1.8 TITLE OF RULES

These rules may be known and cited as Seattle Municipal Court Local Rules, and shall be referred to as SMCLR.

[Effective May 2, 1988.]

Top of Page

SMCLR 2.4 COMPLAINT

Whenever the plaintiff refiles a case that has previously been dismissed without prejudice, the charging document must reflect the word "REFILED" and must set forth the Municipal Court of Seattle case number.

[Effective August 21, 1991.]

Top of Page

LOCAL ADMINISTRATIVE

SMCLR 9.3 DOCUMENT AND RECORDING FEES

Fees for the duplication and preparation of documents and recordings shall be set at cost by the Court Administrator, from whom a schedule shall be available.

[Effective September 1, 1999; amended effective September 1, 2004.]

Top of Page

SMCLR 10.1 CALL OF CALENDARS

At the start of each session the magistrate or commissioner shall order the names scheduled for hearing to be read. This procedure shall be followed for a defendant in an infraction case. The court may issue a finding that the infraction was committed, and may enter a default judgment in the amount of the bail, plus a default penalty as provided by law.

[Effective May 2, 1988; amended September 1, 2004.]

Top of Page

SMCLR 10.2 PRESIDING JUDGE

1. Election and Term of Presiding Judge

      (a) The judges shall elect by a majority of all the judges a presiding judge for a term of not less than two years. The term of the presiding judge shall commence on January 1 of the year in which the presiding judge's term begins. The election should occur a minimum of two months prior to the beginning of the new term.
      (b) Candidates for the position of Presiding Judge shall demonstrate their interest in the position by expressing his or her views to other judges about the strategic direction of the court and its criminal justice partners
      (c) In the same manner, the judges will elect an assistant presiding judge for a term of not less than two years. The term of the assistant presiding judge shall commence on January 1 of the year in which the assistant presiding judge's term begins. The election should occur a minimum of two months prior to the beginning of the new term
      (d) Vacancies. Interim vacancies of the office of presiding judge or acting presiding judge shall be filled by election by a majority vote of the judges.

2. Responsibilities of Presiding Judge

      (a) The presiding judge shall be responsible for leading the management and administration of the court's business, recommending policies and procedures that improve the court's effectiveness, and allocating resources in a way that maximizes the court's ability to resolve disputes fairly and expeditiously.
      (b) The presiding judge shall direct the work of the Court Administrator in managing all administrative, non-judicial functions and all other court personnel.
      (c) The presiding judge shall directly supervise non-elected judicial officers.
      (d) The presiding judge may delegate specific supervisory responsibilities to other judges; the assistant presiding judge or his/her designee shall undertake these duties when the presiding judge is unavailable.
      (e) Executive Committee. The executive committee will consist of the presiding judge, assistant presiding judge, the immediate past presiding judge, and the court administrator. Presiding Judge will utilize the Executive Committee to review or approve court policies and programs.
      (f) A Standing Advisory Committee, appointed and chaired by the presiding judge or his/her designee judge, may meet to advise the judges and propose procedural modifications. The advisory committee shall be comprised of the court administrator, the City Attorney, the misdemeanor supervisors of the indigent defense services agencies, the misdemeanor chair of the Washington Association of Criminal Defense Lawyers, and the chair or his/her designee of the Criminal Law Section of the King County Bar Association.

[Effective June 13, 1989; amended effective September 1, 1997; September 1, 1998; September 1, 2003; September 1, 2006]

Top of Page

SMCLR 10.3 MEETING OF THE JUDGES

The judges shall meet at least once each month, except for July and August, at such hour and place as the presiding judge shall designate. The presiding judge shall preside at all such meetings and the judges shall consider such matters pertaining to the administration of justice in the court as may be brought before them. The presiding judge shall prepare an agenda for the meeting and provide a copy for the other judges in advance thereof. The judges shall at such meetings, by majority vote of those present, plus proxies, adopt rules for the proper administration of justice in the court.

[Effective May 2, 1988; amended September 1, 1997.]

Top of Page

SMCLR 10.4 MAGISTRATES

The court may employ judicial officers as magistrates to assist in the administration of justice and accomplishment of the work of the court.

The presiding judge shall have the authority to assign work to the magistrates. The duties and responsibilities that may have been assigned to magistrates include the adjudication of contested civil traffic infractions, parking infractions, and various ordinance violations, presiding over mitigation and contested settlement conferences, and such other duties as may be assigned by the presiding judge.

Magistrates are expected to perform their assigned duties and responsibilities in a timely and efficient manner, consistent with law, and with appropriate judicial demeanor and respect for the rights of court participants and court personnel. Magistrates are further expected adhere to the Code of Judicial Conduct and to the Code of Conduct for Employees of Municipal Court.

Failure of magistrate to fulfill any of his or her duties or responsibilities, as determined in the judgement and discretion of the presiding judge, may result in disciplinary action including termination of employment.

[Effective June 13, 1989; amended September 1, 2003.]

Top of Page

LOCAL CIVIL

SMCLR 10.6 INFORMAL AND PRE-TRIAL SETTLEMENT CONFERENCES

      (a) Defendants charged with zoning, fire or building code violations or such other classes of cases as the presiding judge shall designate, may be required to participate in an informal settlement conference. A magistrate or commissioner shall preside at said conference and a representative of the concerned city department or opposing party shall be present. If the parties are unable to reach a settlement, the case shall be set for trial.

[Effective May 2, 1988; amended September 1, 2004]

Top of Page

SMCLR 38 JURY TRIAL IN CIVIL CASES

A demand for a jury trial in civil cases shall be made by filing a demand with the clerk and paying a jury fee authorized by RCW 3. 62.060 not later than seven days from the date the trial date is set and notice is mailed or otherwise delivered to the parties. Failure to comply with this rule shall be deemed a waiver of the right to a jury trial.

[Effective September 1, 1998; amended September 1, 2004.]

Top of Page

SMCLR 73 HEARINGS DE NOVO

      (a) Scope of Rule. This rule applies only to proceedings pursuant to Ch. 11.30, Seattle Municipal Code, relating to redemption of impounded vehicles and post-impoundment hearing procedures. The proceedings to which this rule applies is defined by and limited to those expressly set forth in the Seattle Municipal Code permitting de novo appeals from an administrative hearings officer to the Municipal Court of Seattle.
      (b) Filing Notice of Appeal Jurisdictional - Service. When an appeal is permitted by law from a magistrate or commissioner to the Municipal Court, such appeal shall be taken by filing in the Municipal Court clerk's office a notice of appeal within fifteen days after the decision of the magistrate or commissioner and payment of a filing fee to the Municipal Court in the sum set by law, pursuant to RCW 3.62.060 and RCW 7.75.035, unless said fee is waived. The magistrate or commissioner shall provide, upon request, a notice of appeal form approved by the Municipal Court. A copy of the notice of appeal shall be served upon the chief of police and upon the City Attorney. Filing and serving the notice of appeal and payment of the filing fee are the only jurisdictional requirements for an appeal. The notice of appeal shall contain the mailing address of appellant.
      (c) Waiver of Filing Fee for Indigents. A party seeking to appeal partially or wholly at public expense must seek a waiver of the filing fee from the presiding judge or his or her designee by filing and presenting to the presiding judge, or designee, within the fifteen day period, a proposed notice of appeal and an affidavit setting forth the moving party's total assets, expenses and liabilities. The presiding judge, or designee, shall notify the party of his or her decision in writing within three court days of filing the affidavit. If the presiding judge, or designee, determines that the filing fee shall be waived, the presiding judge, or designee, shall direct the clerk to file the notice of appeal.
      (d) Discovery. Upon written demand, a party shall provide the other party, within seven days of receipt of the demand, with a list of witnesses, together with their addresses and telephone numbers, and copies of all documents the party will offer at the de novo hearing; the city shall mail discovery demanded pursuant to this rule to appellant's address contained in the Notice of Appeal. No other discovery shall be required. If, after compliance with this rule or orders pursuant to it, a party discovers additional witnesses or information that is subject to disclosure, the party shall promptly notify the other party of the existence of such additional material. Failure to provide discovery in accordance with this rule is grounds for exclusion of evidence or such lesser sanction as the court deems just and equitable.
      (e) Scheduling of De Novo Hearing. The hearing shall be scheduled not sooner than twelve but not later than 21 days from the filing of the notice of appeal, and shall be set on a Municipal Court bench trial calendar. The clerk shall notify the parties in writing of the hearing date, and shall mail notice to the parties within three days of filing of the notice of appeal. The presiding judge or designee has the discretion to schedule a contested hearing for a parking infraction that was alleged to occur at the time of the impoundment at the same time as the de novo hearing.
      (f) Procedures at Hearing. At the hearing, the city shall be represented by a lawyer. Appellant may be represented by a lawyer. The Rules of Evidence applicable to civil cases shall apply. If an infraction is consolidated with the hearing, IRLJ 3.3(c) shall apply to the infraction. If the court finds the impoundment to have been proper, the court shall enter an order so stating. If the court finds the impoundment to have been improper, the court shall enter an order so stating, and shall order the immediate release of the vehicle to the registered owner of the vehicle. If the costs of impoundment, towing, removal, storage and administrative fees and filing fee have been paid, the court shall enter a judgment in favor of appellant in that sum. If the court finds the impoundment to have been proper but that the fees charged for impoundment, removal, towing, storage or administration were improper, the court shall determine the correct fees to be charged and, if the costs and fees have been paid, the court shall enter a judgment against the city and in favor of the appellant for the amount of the overpayment.
      (g) Time Payments. The court may grant time payments in cases of extreme financial need and where there is an effective guarantee of payment. If the court grants time payments, the court shall order the release of the vehicle immediately if authorized by law or at the end of the authorized impound period.

[Emergency rule, adopted December 4, 1998, effective January 1, 1999; amended effective September 1, 2002; September 1, 2004.]

Top of Page

SMCLR 74 - RULES ON APPEAL OF CODE OF ETHICS VIOLATIONS

      (a) Scope of Rule. This rule applies only to appeals of fines imposed by the Seattle Ethics and Elections Commission (Commission) upon city employees imposed pursuant to Ch. 4.16, Seattle Municipal Code.
      (b) Filing Notice of Appeal. When an appeal is permitted by law to the Municipal Court from a fine imposed by the Commission, such appeal shall be taken by filing a notice of appeal in the Municipal Court clerk's office, and paying a filing fee to the Municipal Court in the amount set by law, pursuant to RCW 3.62.060 and RCW 7.75.035, for filing a civil action in district court, within twenty days after the date of the Commission's decision. The notice of appeal shall contain, in separate numbered paragraphs, statements of the specific findings of fact, conclusions of law, or aspects of the fine on which appellant seeks review, the basis for the appeal, and a brief statement of the relief requested. The appellant shall attach a copy of the written decision of the Commission being appealed. A copy of the notice of appeal shall be served upon the Executive Director of the Commission. Timely filing and serving the notice of appeal and payment of the filing fee are the only jurisdictional requirements for an appeal. The notice of appeal shall contain the mailing address of appellant.
      (c) Stay of Proceedings. Upon timely filing and service of a notice of appeal, the fine imposed by the Commission shall be stayed.
      (d) Scope of Review. An appeal pursuant to this rule is on the Commission's record and is not de novo. The court shall uphold the Commission's decision if it determines that the decision is not arbitrary, capricious or otherwise illegal and that the decision is supported by substantial evidence in the Commission's record. No new evidence shall be taken by or submitted to the court. If the court affirms the Commission, then the fine is immediately due. Otherwise, the court shall modify, reverse or remand the matter to the Commission.
      (e) Procedures.
         (1) Record on Appeal. Within thirty days after the notice of appeal is filed and served, appellant shall, at appellant's expense, provide the Executive Director of the Commission with a report of proceedings to the extent deemed necessary for review by appellant. The report of proceedings may take the form of a "verbatim report of proceedings" as provided in Rules of Appellate Procedure (RAP) 9.2 or an "agreed report of proceedings" as provided in RAP 9.4. If appellant prepares less than all of the verbatim report of proceedings, the Executive Director may prepare a transcript of additional portions of the hearing, at the Commission's expense. The Executive Director shall review the transcript. Appellant may serve and file objections to, and propose amendments to, the verbatim report of proceedings as approved by the Executive Director. If objections or amendments are served and filed, any objections or proposed amendments must be determined by the members of the Commission before whom the proceedings were held. The Executive Director shall provide appellant with a copy of the relevant papers and exhibits which were considered by the Commission, which shall be included in the record to the court. The Executive Director shall file the report of proceedings and record with the court.
         (2) Sanctions for Failure to Perfect Appeal. The court, upon motion, may dismiss an appeal that is not diligently pursued by appellant. The court, upon motion, may reverse a fine imposed by the Commission where the court finds that the Executive Director has not, in good faith, pursued the preparation of the record.
      (f) Hearing. Within thirty days of the filing of the notice of appeal, the presiding judge shall assign the appeal to a judge or judge pro tempore. Appellant shall file with the court and serve upon the Executive Director a brief, not to exceed fifteen pages, within thirty days of receipt by the court of the agreed or approved record. Respondent shall file and serve a brief, not to exceed fifteen pages, within thirty days of service of appellant's brief. Appellant may file and serve a reply brief, not to exceed five pages, within ten days of service of respondent's brief. Briefs shall conform with RAP 10.4(a). The court shall schedule oral argument, unless waived, within thirty days of filing of respondent's brief. Each party shall be allowed ten minutes for oral argument. Appellant may reserve part of his or her ten minutes for rebuttal argument.
      (g) Decision. The court shall state its decision at the conclusion of oral argument or shall prepare a written decision with thirty days of oral argument.
      (h) Costs. The filing fee and the costs of preparing the record may be taxed against the non-prevailing party. Where the court determines that the fine was properly imposed, then the Commission is the prevailing party. Where the court reverses the fine, then appellant is the prevailing party. Where the court modifies the fine or remands the matter to the Commission, then the court will determine which party has substantially prevailed. A prevailing party shall file a cost bill with the court and serve a copy of the bill on the non-prevailing party within ten days after the court has announced or filed its decision. The non-prevailing party may object to items in the cost bill by filing with the court objections to the cost bill within ten days after service of the cost bill. The court will determine costs within ten days after the time has expired for filing objections to the cost bill. No oral argument will be taken on costs.

[Emergency rule, adopted December 4, 1998, effective January 1, 1999; amended effective September 1, 2002; September 1, 2004.]

Top of Page

LOCAL CRIMINAL

SMCLR 3.1 WITHDRAWAL OF COUNSEL

Pursuant to CrRLJ 3.1(e), after a case has been set for trial, no attorney may withdraw except upon consent of the court for good cause shown. The motion shall be made in the court before which the case is set for trial. If the case is set for jury trial, the motion shall be made to the Master Calendar judge, the trial court judge, or in the court which last heard the pre-trial hearing. Except in cases where withdrawal is mandated by the Rules of Professional Conduct, the court should not permit withdrawal unless there is simultaneous substitution of a lawyer who is prepared to proceed on the scheduled trial date.

[Effective May 2, 1988; amended effective September 1, 2002; September 1, 2004; September 1, 2006.]

Top of Page

SMCLR 3.1.1 INDIGENT SERVICES OTHER THAN LAWYER

A lawyer for a defendant who is financially unable to obtain expert services necessary to an adequate defense may request them by a motion to the court. The motion must be in writing, and shall be accompanied by (1) an affidavit or sworn declaration, signed by the defendant, setting forth the defendant's assets, income, liabilities, monthly expenses, dependents and employment; (2) an affidavit or declaration setting forth the name, address of the expert, cost, qualifications of the expert and a summary of the expert's proposed testimony as it relates to the case in question; (3) a copy of all of the discovery material provided by the plaintiff; and (4) any other materials to assist the court in determining whether the services are necessary. The pleadings may be presented ex parte to the court which heard the last pre-trial hearing. Unless otherwise directed by the court, the motion will be decided exclusively on the pleadings without oral argument. If the defendant requests that the affidavits or declarations be sealed because they contain privileged information not discoverable by the plaintiff, the court may order the clerk to place the affidavit or declaration in a sealed envelope for filing.

[Effective May 2, 1988; amended effective September 1, 1997.]

Top of Page

SMCLR 3.2(o) RELEASE OF ACCUSED

      (a) When required to reasonably assure appearance in court for those persons arrested and detained in jail for new offenses, bail shall be set in accordance with a schedule, approved by the presiding judge. Bail shall not be set for accused persons arrested for new domestic violence charges, stalking, violation of an anti harassment order and firearms offenses as set out in 12A.14.071 (discharge of a firearm) and 12A.14.080 (unlawful use of weapon) except at the preliminary appearance or arraignment.
      (b) Defendants charged with domestic violence offenses, stalking or violation of an anti-harassment order who fail to appear for hearings, shall appear before the Court the next judicial day and a No Contact Order shall be issued before the defendant is released on warrant bail.

[Adopted effective July 8, 1993; amended effective September 1, 1994; September 1, 1997; September 1, 2002; September 1, 2004; September 1, 2006.]

Top of Page

SMCLR 3.3 TIME FOR TRIAL

      (a) Domestic violence charges, stalking cases, or violation of an anti-harassment order shall be scheduled for trial within 60 days after the commencement date under CrRLJ 3.3(c), irrespective of the custody status of the defendant. Failure of the court to schedule a domestic violence, violation of an anti-harassment order or stalking case within 60 days shall not, by itself, be grounds for dismissal pursuant to CrRLJ 3.3.

[Effective June 13, 19989; amended effective August 21, 1991; September 1, 1997; September 1, 1998; September 1, 2004.]

Top of Page

SMCLR 4.1 ARRAIGNMENT

      (a) Arraignments shall be in accordance with CrRLJ 4.1 and 4.2. A lawyer may, pursuant to CrRLJ 4.1 (e) and SMCLR 8.4, enter an appearance on behalf of a client except in cases in which the docket or charging document states that one or more of the charges involves domestic violence, harassment, violation of an anti-harassment order, driving under the influence, physical control, stalking, or firearms offenses as set out in 12A.14.071(discharge of a firearm) and 12A.14.080 (unlawful use of weapon) whereupon defendant's presence is mandatory. The clerk may continue an arraignment at the request of the defendant or counsel for no more than two weeks, except in cases in which the docket or charging document states that one or more of the charges involves domestic violence, violation of an anti-harassment order, harassment, driving under the influence, physical control, stalking or firearms offenses as set out in 12A.14.071(discharge of a firearm) and 12A.14.080 (unlawful use of weapon). Where legislation mandates the defendant’s appearance on the next judicial day following arrest if the defendant is served with a citation or complaint at the time of the arrest, the term “next judicial day” as applied in Seattle Municipal Court shall mean within 72 hours of arrest excluding Sundays and holidays.
      (b) Intake Hearings. Defendants who wish to plead not guilty who are out of custody and who are not charged with an offense involving domestic violence, violation of an anti-harassment order, harassment, driving under the influence, physical control, stalking or firearms offenses as set out in 12A.14.071(discharge of a firearm) and 12A.14.080 (unlawful use of weapon) may, at the time summoned for arraignment, appear before a clerk; the clerk shall assign a pre-trial hearing date without judicial involvement. Any defendant who so desires may appear before a judge at this initial intake appearance for formal arraignment. The clerk may continue an arraignment at the request of the defendant or counsel for no more than two weeks, except in cases in which the docket or charging document states that one or more of the charges involves domestic violence, violation of an anti-harassment order, harassment, driving under the influence, physical control, stalking or firearms offenses as set out in 12A.14.071(discharge of a firearm) and 12A.14.080 (unlawful use of weapon).
      (c) Delays. Defendants who are released from custody prior to arraignment may delay arraignment once a complaint has been filed. The clerk may continue an arraignment or Intake Hearing at the request of the defendant or counsel for no more than two weeks, except in cases in which the docket or charging document states that one or more of the charges involves domestic violence, violation of an anti-harassment order, harassment, driving under the influence, physical control, stalking, or firearms offenses as set out in 12A.14.071 (discharge of a firearm) and 12A.14.080 (unlawful use of weapon). If a complaint has not been filed a judge must approve the delay request.

[Effective May 2, 1988; amended effective June 13, 1989; September 1, 1994; September 1, 1997, September 1, 1998, changes effective January 1, 1999; September 1, 1999; September 1, 2002; September 1, 2004; September 1, 2006.]

Top of Page

SMCLR 4.8 SUBPOENAS

      (a) Where a party has mailed a subpoena or subpoena duces tecum to a witness, CrRLJ 4.8(c), and has filed proof of service by mail, CrRLJ 4.8(d)(2), and the witness fails to appear at the hearing or trial, the court may, on motion, continue the hearing or trial if the court is satisfied that the witness testimony is material. A second continuance for the same reason shall not be granted unless the party seeking the continuance proves personal receipt, CRLJ 45(c) and CrRLJ 4.8(e)(2) and requests a material witness warrant.

[Effective May 2, 1988; amended September 1, 2004.]

Top of Page

SMCLR 5.4 PRE-TRIAL HEARINGS

Unless a disposition of the case is entered into at the intake hearing or an arraignment, a pre-trial hearing may be held. Notice shall be issued by the clerk to the parties of the date, time and courtroom for this hearing. Defendant and all counsel must be present at the pre-trial hearing; failure of the defendant to appear may result in the issuance of a bench warrant.

[Effective June 13, 1989; amended effective September 1, 1997; September 1, 2002; September 1, 2004; September 1, 2006.]

Top of Page

SMCLR 6.1 ASSIGNMENT OF JURY TRIALS AND DUI BENCH TRIALS

      (a) Generally, at arraignment or the pre-trial hearing, the court shall provide the parties with the jury trial date. The parties shall appear at the readiness calendar, trial court judge presiding, as directed by the court. At the readiness calendar the parties will inform the court that the case is ready for trial on the assigned trial date, or will indicate witness and party scheduling conflicts that may require rescheduling of the trial date. In a case set for jury trial, the court may, in its discretion, require the defendant to appear at the readiness calendar; failure to so appear may result in the issuance of a bench warrant and striking of the trial date.
      (b) The parties may waive appearance at the readiness calendar by filing an agreed certificate of readiness on a form to be provided by the clerk of the court. A certificate may be filed if there are no matters that must be resolved by the court prior to assignment to a courtroom for trial.
      (c) Following the readiness calendar, the court will determine the order in which the cases will be assigned during the week the case is set for trial, taking into consideration the expiration dates, the parties' and witness' scheduling conflicts and other matters deemed appropriate by the court.
      (d) All parties and counsel shall appear on the trial date before the trial court judge, as directed by the court. Unless pre-trial motions which were previously reserved for the trial court to determine are resolved adverse to the plaintiff, cases that are assigned to trial courts will go to trial, plead guilty or submit as charged or be dismissed, subject to the discretion of the judge. The domestic violence court retains the case on its individual calendar and sets all subsequent hearings as necessary including but not limited to pretrial, readiness, jury and review hearings.
      (e)Domestic violence cases may be assigned to a domestic violence court at arraignment. The domestic violence court retains the case on its individual calendar and sets all subsequent hearings as necessary including but not limited to pretrial, readiness, jury and review hearings.
      (f) Other cases may be assigned to a specific court at arraignment or pretrial. The assigned court may retain the case on its individual calendar and set all subsequent hearings as necessary including but not limited to pretrial, readiness, jury and review hearings.

[Effective June 13, 1989; amended effective September 1, 1993; September 1, 1994; September 1, 1997; September 1, 2002; September 1, 2004, November 2004, September 2005; September 1, 2006; September 1, 2007.]

Top of Page

SMCLR 7.6 RESTITUTION

Where the court orders that a defendant pay restitution but does not set an amount at the time of disposition, the City Attorney shall, within ninety days, file with the court or designee a proposed amount, with documentation in support thereof.

[Effective September 1, 1997; amended effective September 1, 2002; September 1, 2004; September 1, 2006.]

Top of Page

SMCLR 8.2.1 MOTIONS

      (a) Criminal Motions Procedures. This rule sets forth the procedure for noting and consideration of motions in criminal cases in the Seattle Municipal Court. The pre-trial court shall have sole discretion over whether to reserve a motion to the trial court. At any time prior to noting date, a party to a pretrial motion may request the motion be reserved to the trial court.
            (1) Time for Motions. All motions in criminal matters not reserved to the trial court shall be initiated by filing a "Note for Motion" pleading in the pretrial court. The Note for Motion pleading shall be filed no later than the pretrial hearing at which the matter is scheduled for trial. Motions shall be noted for hearing no later than the date necessary for the motion to be noted as required in subsection (a)(6) of this rule, and are to be heard by the pretrial court. No Note for Motion pleading may be filed subsequent to that pretrial hearing date except upon leave of the pretrial court for good cause shown. In the event charges are amended, counsel for defendant may apply to the pretrial court for additional time to file pretrial motions. The weekly motion calendar schedule for each department shall be established by the judge presiding in that court.
            (2) Obligations of Moving Party. Not later than ten (10) business days prior to the hearing date, the moving Party shall serve the motion, a supporting brief, copies of all affidavits and photographic or documentary evidence presented in support of the motion and a proposed order on each party that has appeared in the action, and shall file the proposed order, motion, brief and supporting documents with the clerk. The moving party shall also note the motion, as prescribed in subsection (a)(6) of this rule.
            (3) Obligations of Opponent. Not later than three (3) days prior to the hearing date, each party opposing the motion shall file with the clerk, and serve on each party that has appeared in the action, a brief in opposition to the motion, together with any supporting material as provided in subsection (a)(2) of this rule. The time for service and filing of the brief and any other materials in opposition to the motion may be extended by the court or by written stipulation of the parties; however, the parties may not stipulate to a response date later than the noting date.
            (4) Need for Evidentiary Hearing. Each motion and response shall state whether an evidentiary hearing is necessary.
            (5) Noncompliance. If a party fails to file the papers required by this rule, or if a party or a necessary witness fails to appear on the day appointed for argument or hearing, the hearing may be stricken.
            (6)Noting and Consideration of Motions Unless otherwise authorized by the court, motions shall be heard and considered on the individual court's weekly motion calendar no later than seven (7) days prior to the readiness hearing. The motion shall include in its caption (immediately below the title of the motion) a designation of the courtroom which is to hear the motion and the date and time upon which the motion is to be noted upon the court's motion calendar.
      (b) Emergency Motions. Any party may request an immediate hearing before the pretrial judge if circumstances so require, and on appropriate notice to and opportunity to be heard by the opposing party. If immediate action is necessary and the judge assigned to the case for pretrial hearing is unavailable, any other judge may hear and dispose of the matter requiring immediate attention, but such action shall not constitute reassignment of the case or proceeding.
      (c) Reconsideration of Motions. A motion for reconsideration shall be clearly labeled. The motion for reconsideration shall be noted for consideration on the individual court's motion date following the day it is filed, and may be summarily denied. No response to a motion for reconsideration shall be filed unless requested by the court. No motion for reconsideration will be granted without such a request by the court. The request will set a time when the response is due, and may limit the response to particular issues or points raised by the motion.

[Effective September 1, 2002; September 1, 2004; September 1, 2007]

Top of Page

SMCLR 8.2.2 CONTINUANCES

      (a) Motions for continuances of hearings and trials shall be presented to the court before which the hearing is scheduled. Once a case is assigned to a trial court for jury trial, a motion for continuance is presumed untimely and will be denied unless based upon facts unknown and not reasonably foreseeable to the moving party prior to assignment to the trial court.
      (b) No case shall be continued for hearing or trial unless good cause has been shown.
            (1) All motions to continue a pre-trial or trial date shall be made in writing, setting forth specific facts showing good cause that a continuance is necessary and justification for the specific length of the continuance.

            Motions for continuance of trials and any supporting documentation on such motions shall be served on the parties no later than two days prior to the readiness hearing, unless excused by the court for cause.

            Appropriate sanctions may be imposed.

            (2) In ruling on a motion to continue, the following factors will be considered by the court:
                  (a) The diligence of counsel in noting the motion and notifying opposing counsel at the earliest possible date and in attempting to avoid the continuance;
                  (b) The proximity of the motion to the trial date, the age of the case, the established time limits for processing cases and the nature of any previous continuance orders entered;
                  (c) Any injury or inconvenience caused to the party not requesting the continuance;
                  (d) Whether the continuance may be avoided by stipulation regarding testimony; and
                  (e) The earliest date all parties will be ready to proceed to trial.
            (3) The following factors do not necessarily establish good cause for continuance:
                  (a) Convenience to or stipulation between the parties;
                  (b) Failure to expeditiously prepare for trial;
                  (c) Failure of client to adhere to financial agreement with an attorney;
                  (d) Settlement negotiations not yet completed, including the need to communicate an offer to a client appearing through counsel;
                  (e) Recent substitution of trial counsel, except where required by the Rules of Professional Conduct; and
                  (f) To secure a driver's license for a defendant except at intake/arraignment.

[Effective June 13,1989; amended effective September 1, 1994; September 1, 1997; September 1, 2002, September 1, 2004.]

Top of Page

SMCLR 8.4 SERVICE OF MOTIONS AND OTHER PLEADINGS

      (a) All motions, briefs and other documents in support of motions, and arraignment waivers shall be filed and served as follows:
      (1) The original and all copies shall include the date, time and court of the next hearing set forth above the caption on the first page if a hearing on the motion is already scheduled; if a hearing is not scheduled, the words "NOT SCHEDULED" shall appear above the caption;
      (2) A working copy other than arraignment waivers shall be filed with the original, and shall contain the words "WORKING COPY" above the caption;
      (3) The original and the judge's working copy shall contain a certificate of mailing or a certificate or affidavit of service upon or acknowledgment of receipt by opposing counsel and the judicial secretary;
      (4) The original shall be filed with the clerk of the court in the Seattle Justice Center.
      (b) The clerk is authorized to refuse to accept for filing any documents that do not, on their face, comply with these rules.
      (c) The Seattle Municipal Court cause number shall be noted in the caption. Documents with incorrect or no cause number may be deemed null and void. Court clerks have no responsibility for obtaining or correcting cause numbers, dates, times or courts. The clerk shall make available to parties the printout of all pending cases.
      (d) Documents requiring clerk's action, including but not limited to arraignment waivers, shall include, in the caption, above the cause number, the words "CLERK'S ACTION REQUIRED." Arraignment waivers which do not include said words and which do not conform to SMCLR 8.4(a)(1) may not be processed and, upon failure to appear at arraignment, may result in a warrant being issued for the defendant's arrest.
      (e) All papers filed with the court shall comply with GR14 and shall have two holes punched at the top (8 1/2 inch edge). These holes shall be 2 3/4 inches apart centered approximately 1/2 inch from the top edge of the paper. Papers which do not conform with this rule may be rejected by court clerks.

[Effective June 13, 1989; amended effective September 1, 1997; September 1, 2002.]

Top of Page

LOCAL INFRACTION

SMCLR 10.5 INFRACTIONS

      (a) A defendant charged with an infraction who requests a hearing to explain mitigating circumstances, IRLJ 2.4, RCW 46.63.070, shall appear before a magistrate. The magistrate's determination of the disposition shall be final, and is not subject to review before a judge.
      (b) A defendant charged with an infraction who requests a hearing to contest the determination that an infraction occurred shall first appear before a magistrate for a pre hearing conference. The pre hearing conference shall be held in the magistrate's department and should be scheduled in accordance with IRLJ 2.6(a). The Presiding Judge or designee, defendant, or defendant's lawyer, may waive the pre hearing conference on his/her own motion. If the pre hearing conference is waived, the case will be set for a contested hearing. If the defendant fails to waive or appear at the settlement conference, a default judgment shall be entered.
      (c) If the defendant who requests a hearing to contest the determination that an infraction was committed has a criminal charge pending in Seattle Municipal Court, and said criminal charge arises out of the same occurrence as the infraction, the hearing on the infraction may be heard at the same time as the trial on the criminal charge at the request of the defendant, the City Attorney or the court and as authorized by the Infraction Rules for Courts of Limited Jurisdiction.
      (d) A defendant who requests a hearing to contest the determination that an infraction was committed may file upon the court a written demand that the court subpoena the officer who caused the notice to be issued or whose written statement was the basis for the issuance of the notice if the demand is filed with the court at least fifteen (15) days prior to the contested hearing. Upon receipt of such demand, the court will issue and serve the subpoena. The court may continue the hearing upon receipt of such a demand to assure the officer's presence, upon written notice to the defendant. A defendant is responsible for obtaining and serving subpoenas in accordance with IRLJ 3.1 in all other circumstances.
      (e) The plaintiff need not be represented by a lawyer at a contested hearing unless directed to do so, on an individual case or category of case, by the court.
      (f) A motion to set aside a judgment entered upon a failure to appear, IRLJ 3.2(b), shall be presented in writing to the presiding judge or designee, if the default judgment was entered in formal court, to the judge presumed to sit in the court which entered the default.
      (g) If a defendant fails to respond to a notice of infraction within fifteen days, fails to satisfy a judgment, or fails to appear for a contested or mitigating hearing, the delinquent judgment may be referred to a collection agency pursuant to RCW 3.02.045. Remuneration for collection services will be assessed as costs, at the rate agreed to between the Court and the collection agency, and added to the judgment.
      (h) Mitigation hearings of infractions based on sworn written statements are authorized pursuant to IRLJ 2.4(b)(4), 2.6, 3.4 and 3.5. The defendant shall be informed of the option to mitigate by mail at the time defendant receives written notice of their date to appear in court for the mitigation conference. If the defendant elects to mitigate the infraction by mail, the defendant's sworn statement must be received by the Court no later than three (3) calendar days before the scheduled mitigation conference or it will not be considered by the Court. There shall be no appeal from a decision based on written statements.
      (i)Contested hearings of infractions based on sworn written statements are authorized pursuant to IRLJ 2.4(b)(4), 2.6, 3.4 and 3.5. The defendant shall be informed of the option to contest by mail at the time defendant receives written notice of their date to appear in court for the pre hearing conference. If the defendant elects to contest the infraction by mail, the defendant's sworn statement must be received by the Court no later than three (3) calendar days before the scheduled pre hearing conference or it will not be considered by the Court. There shall be no appeal from a decision based on written statements.

[Effective June 13, 1989; amended effective September 1, 1992; September 1, 1997; September 1, 1998, September 1, 2003; September 1, 2004; September 1, 2006; January 1, 2008.]

Top of Page

SMCLIR 2.6 TIME FOR HEARING-OBJECTIONS TO DATE

A defendant who objects to the hearing date set by the court pursuant to IRLJ 2.6, shall file with the court and serve upon the plaintiff a written motion for a speedy hearing date; said motion shall be filed and served no later than ten (10) days from the date of written notice of the hearing date. Failure to comply with this rule shall be a waiver of the objection.

[Effective September 1, 1992.]

Top of Page

SMCLIR 3.3 Procedure

Only printed copies of digital photos or photos saved to CD/DVD will be accepted in evidence.

[Effective September 1, 2007.]

SMCLIR 10.5(a) INFRACTION PENALTIES

SMCLR 10.5(a) Penalty Schedule for Selected Infractions

(All statutory references are to Seattle Municipal Code (SMC), except as otherwise designated.)

[Effective September 1, 2003; amended September 1, 2004; September 1, 2006.]

Top of Page