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Local Court Rules

IN THE LYNNWOOD MUNICIPAL COURT FOR THE CITY OF LYNNWOOD,

SNOHOMISH COUNTY, STATE OF WASHINGTON

LCrRLJ 2.2 

WARRANT OF ARREST

(a) Warrants issued by the Court will specify whether a bond or bail may be posted to secure the release of the defendant.  A warrant for $5,000 or less may be quashed administratively by the Clerk of the Court upon the payment of a One hundred dollar warrant fee.  No-bail warrants are not subject to this procedure.  

(b) A written motion to quash any warrant may be made at any time and will be considered without a hearing.   

[Effective 1 September 2002]
Amended 17 August 2007
 

LCrRLJ 3.1(e)

WITHDRAWAL OF COUNSEL

Once an attorney has been assigned and/or has filed notice of appearance in a criminal case and a trial date has been set, that attorney may withdraw from the case only with the consent of the court for good cause shown.  If the withdrawal is mandated by the Rules of Processional Conduct, it will be granted upon the filing of a written motion and affidavit setting forth the reason.  If a represented defendant fails to appear for any hearing and the Court issues a warrant for the Defendant’s arrest, an oral motion to withdraw may then be granted by the Court.  All other motions to withdraw will be granted only upon the simultaneous substitution of counsel who is prepared to proceed on the scheduled trial date or upon the defendant’s knowing, voluntary and intelligent decision to proceed without counsel. 

[Effective 1 September 2002]

LCrRLJ 3.2 

RELEASE OF ACCUSED--BONDING REQUIREMENTS

Surety under CrRLJ 3.2(a)(5) or for any other purpose may be posted by any company and any agent authorized, licensed and/or justified to post bonds by the Washington State Department of Licensing under RCW 18.185 and by the Superior Court of Snohomish County. 

[Effective 1 September 2002]

LCrRLJ 4.2 (i)

DEFERRED PROSECUTION

An order deferring prosecution under RCW 10.05 will be granted only to a petitioner who is participating in the proposed treatment plan at the time the order is entered.    

[Effective 1 September 2001.]

LCrRLJ 6.15(a)

JURY INSTRUCTIONS

Proposed jury instructions which conform exactly to the latest edition of Washington Pattern Jury Instructions may be served and filed on the day of trial.  Proposed jury instructions which deviate in any respect from Washington Pattern Jury Instructions shall be served upon the lawyer for each party and filed with the clerk no later than ten (10) days prior to the trial date.

[Effective 1 September 2002]

LIRLJ 2.6(a)

SCHEDULING OF HEARINGS

(1) Contested hearings will be scheduled upon the Respondent’s request within the time limits provided by IRLJ 2.6(a).  If, at the same time the Respondent requests a contested hearing, the Respondent also requests that an electronic speed measuring device (SMD) expert be present at the contested hearing, the court will set such hearing on the fourth Friday of a calendar month.  If such a request is made subsequent to the scheduling of the hearing on a day other than the fourth Friday of a calendar month, the court will continue the hearing from the date first set to a hearing on the fourth Friday in a calendar month and the period between the date of the hearing originally set and the new hearing will be excluded from the computation of the time-for-hearing requirements of IRLJ 2.6(a).  If the fourth Friday of a calendar month falls on a non-judicial day, the court may direct that such hearings be set on another day in the same calendar month. 

(2) There shall be no prehearing conferences. 

(3) If the Respondent is also charged with a criminal offense arising out of the same incident as that which gives rise to an alleged civil infraction, the hearing on the infraction may be scheduled at the same time as any hearing set for the criminal matter. 

{Effective 26 June 2002, Amended 17 June 2010, Amended Effective 1 January 2011}

 
LIRLJ 3.1 (b)

DISCOVERY

(1) In any case where the City intends to call or to rely upon the sworn statement of a local law enforcement officer, the duty to provide a list of witnesses to the Respondent may be met by providing a copy of the citing officer’s sworn statement on which the officer is identified. 

(2) No motion to dismiss or to suppress evidence will be granted for failure to provide discovery not required by IRLJ 3.1(b) unless the moving party has previously obtained an  order from the Court compelling production of the additional discovery. 

[Effective 1 September 2001.]

LIRLJ 3.3(b)

PROCEDURE AT CONTESTED HEARING

At a contested hearing, the plaintiff shall be represented by an attorney.   

[Effective 1 September 2002] 

LIRLJ 3.1(f) 

CONTESTED HEARINGS--PRELIMINARY MOTIONS

Motions challenging the authority of the Court, the constitutionality of the Court, the constitutionality of any statute,
ordinance or court rule pertaining to an infraction, the authority of the prosecuting attorney prosecuting an nfraction,
and/or the authority of the law enforcement agency or officer filing an infraction must be made in writing.  Such motions,together with citations to authority and argument, must be filed with the Court and served upon the opposing party no later than fourteen days prior to a contested infraction hearing.  Such motions may be decided by the Court with or without oral argument, as the Court may determine.    

LIRLJ 3.5

DECISION ON WRITTEN STATEMENTS

At the request of the Respondent, the Court will conduct a mitigation hearing authorized by RCW 46.63.100 or consider a petition to defer a finding under RCW 46.63.070(5), or conduct a contested hearing authorized by RCW 46.63.090, upon the written statements of the City’s witness(es) and the Respondent, pursuant to IRLJ 3.5.  A petition for a deferred finding which is denied by the Court will be treated as a request for a mitigation hearing on written statements. 

[Effective 1 September 2001; Amended effective 1 September 2002]
 

LIRLJ 6.6 (b)

SMD EXPERT 

A request for the production of an SMD expert at the contested hearing shall be made in a document separate from any and all other requests, demands and/or notices. 

[Effective 1 September 2001.]