WSR 18-01-031
RULES OF COURT
STATE SUPREME COURT
[December 6, 2017]
IN THE MATTER OF THE SUGGESTED AMENDMENTS TO CRLJ 5(e)—SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS, CrRLJ 5.1(b)—COMMENCEMENT OF ACTIONS, AND IRLJ 4.1(b)—NOTIFICATION TO DEPARTMENT OF LICENSING OF TRAFFIC INFRACTION
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ORDER
NO. 25700-A-1210
The District and Municipal Court Judges' Association, having recommended the expeditious adoption of the suggested amendments to CRLJ 5(e)—Service and Filing of Pleadings and Other Papers, CrRLJ 5.1(b)—Commencement of Actions, and IRLJ 4.1(b)—Notification to Department of Licensing of Traffic Infraction, and the Court having considered the amendments, and having determined that the suggested amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ORDERED:
(a) That the suggested amendments as shown below are adopted.
(b) That the suggested amendments will be published expeditiously in the Washington Reports and will become effective upon publication.
DATED at Olympia, Washington this 6th day of December, 2017.
 
 
Fairhurst, C.J.
Johnson, J.
 
 
 
 
 
Owens, J.
 
 
Stephens, J.
 
Yu, J.
 
RULE 5
SERVICE AND FILING OF PLEADINGS
AND OTHER PAPERS
(a) - (d) [unchanged]
(e) Filing With the Court Defined. The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with him or her, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk. Papers may be filed by facsimile transmission if permitted elsewhere in these or other rules of court, or if authorized by the clerk of the receiving court. The clerk shall not may refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or any local rules or practices.
(f) - (i) [unchanged]
RULE 5.1
COMMENCEMENT OF ACTIONS
(a) [no change]
(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) - (e) [no change]
IRLJ 4.1
NOTIFICATION TO DEPARTMENT OF LICENSING OF TRAFFIC INFRACTION
(a) Generally. [no change]
(b) Parking, Standing, Stopping, or Pedestrian Infractions. The court shall not notify the Department of a parking, standing, stopping, or pedestrian infraction, except as allowed by RCW 46.20.270(3).
(c) Notice to Department When Failure To Appear Set Aside. [no change]
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.