|In the matter of the adoption of the amendment to IRLJ 3.1(b)||)
Now, therefore, it is hereby
(a) That the amendment as attached hereto is adopted.
(b) That pursuant to the emergency provisions of GR 9 (j)(1), the amendment will be published expeditiously and become effective upon publication.
DATED at Olympia, Washington this 7th day of December, 2006.
| Alexander, C. J.
| C. Johnson, J.
|| Chambers, J.
| Madsen, J.
|| Owens, J.
| Sanders, J.
|| Fairhurst, J.
| Bridge, J.
|| J. M. Johnson, J.
RULE 3.1 CONTESTED HEARINGS -- PRELIMINARY PROCEEDINGS
(b) Discovery. Upon written demand of the defendant at
least 14 days before a contested hearing, filed with the court
and served on the office of the prosecuting authority assigned
to the court in which the infraction is filed, the plaintiff's
lawyer shall at least 7 days before the hearing provide the
defendant or the defendant's lawyer with a copy of the citing
officer's sworn statement
if it will be offered into evidence
at the hearing and with the names of any witnesses not
identified in the citing officer's sworn statement. If the
prosecuting authority provides the citing officer's sworn
statement less than 7 days before the hearing but not later
than one day before the hearing, the citing officer's sworn
statement shall be suppressed only upon a showing of prejudice
in the presentation of the defendant's case. If the
prosecuting authority, without reasonable excuse or
justification, fails to provide the citing officer's sworn
statement, the statement shall be suppressed. No other
discovery shall be required. Neither party is precluded from
investigating the case, and neither party shall impede another
party's investigation. A request for discovery pursuant to
this section shall be filed on a separate pleading.
(c) Amendment of Notice. [No change.]
(d) Sufficiency. [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.
Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.