WSR 98-11-022
RULES OF COURT
STATE SUPREME COURT
[May 7, 1998]
| IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO ARLJ 3, CR 81, IRLJ 1.2 AND 2.1 | )
) ) |
ORDER
NO. 25700-A-621 |
The District and Municipal Court Judges' Association having recommended the adoption of the proposed amendment to ARLJ 3, CR 81, IRLJ 1.2 and 2.1, and the Court having determined that the proposed amendments will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;
Now, therefore, it is hereby
ORDERED:
(a) That the amendments as attached hereto are adopted.
(b) That pursuant to the emergency provisions of GR 9(i), the amendments will be published expeditiously and become effective upon publication.
DATED at Olympia, Washington this 7th day of May, 1998.
| B. Durham
| |
| Dolliver, J.
|
Madsen, J.
|
| Smith, J.
|
Talmadge, J.
|
| Guy, J.
|
Alexander, J.
|
| Johnson, J.
|
Sanders, J.
|
PROPOSED AMENDMENT
ARLJ 3(2)
DEFINITION OF TERMS
As used in these rules, unless the context clearly requires
otherwise:
(1) Unchanged.
(2) "Judge" shall include every judicial officer authorized,
alone or with others, to hold or preside over any court of
limited jurisdiction, or mean justice of the peace, municipal
court judge, police court judge, and the judge of any court
inferior to the superior court which may be hereafter
established.
(3) Unchanged.
(4) "Prosecuting Attorney" or "prosecutor" includes deputy prosecuting attorneys, and city attorneys, corporation counsel, and their deputies and assistants, or such other persons as may be designated by statute or court rule.
(5)-(7) Unchanged.
PROPOSED AMENDMENT
CRLJ 81(a)
APPLICABILITY IN GENERAL
(a) To What Proceedings Applicable. These rules govern all
civil proceedings except as provided in this rule. These rules
do not apply where inconsistent with rules or statutes applicable
to special proceeding, or infractions. nor do they These rules do
not apply to proceedings in small claims court. In a court in
which the proceedings are not recorded and review is by a trial
de novo, these rules apply to the extent practicable; in these
courts, rules referring to recording or an appeal on the record
should be disregarded.
(b) Unchanged.
PROPOSED AMENDMENT
IRLJ 1.2(a)
DEFINITIONS
For the purposes of these rules:
(a) Infraction Case. "Infraction case" means a civil proceeding initiated in a court of limited jurisdiction pursuant to a statute that authorizes offenses to be punished as infractions.
(b)-(e) Unchanged.
PROPOSED AMENDMENT
IRLJ 2.1 (b)(l)(5)
NOTICE OF INFRACTION
(a) Unchanged.
(b) Contents. The notice of infraction shall contain the following information on the copy given to the defendant, except the information required by subsections (2) and (6) is not required on a notice of infraction alleging the commission of a parking, standing, or stopping infraction:
(1)-(4) Unchanged.
(5) A statement that the defendant must respond to the
notice of infraction within 14 15 days of issuance;
(6)-(10) Unchanged.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.