WSR 11-13-063

RULES OF COURT

STATE SUPREME COURT


[ June __, 2011 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO IRLJ 2.1(b)-NOTICE OF INFRACTION )

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 ORDER

NO. 25700-A-981

     The District and Municipal Court Judges' Association having recommended the adoption of the proposed amendments to IRLJ 2.1(b)-Notice of Infraction, and the Court having approved the proposed amendments for publication;

     Now, therefore, it is hereby

     ORDERED:

     (a) That pursuant to the provisions of GR 9(g), the proposed amendments as shown below hereto are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites expeditiously.

     (b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.

     (c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than November 30, 2011. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Camilla.Faulk@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

     DATED at Olympia, Washington this __ day of June, 2011.
For the Court

Madsen, C. J.
CHIEF JUSTICE

GR 9 Cover Sheet


Suggested Change to IRLJ 2.1 (NOTICE OF INFRACTION)



     Purpose: The changes to IRLJ 2.1 (b)(5) are suggested to insure consistency with IRLJ 2.4(a) as well as statutory and civil rule requirements. As currently written, IRLJ 2.1 (b)(5) requires that the notice of infraction contain a statement that the defendant must respond to the notice of infraction within 15 days of issuance. The underlying statute, RCW 46.63.070(1), requires that a notice of traffic infraction shall include a statement that the person must respond to the notice within fifteen days. Additionally, the "mailbox rule", CRLJ 6(e), allows 3 additional days for any notice served by mail. Finally, IRLJ 2.4(a) currently reads that a person who has been served with a notice of infraction must respond to the notice within 15 days of the date the notice is personally served or, if the notice is served by mail, within 18 days of the date the notice is mailed. Thus, IRLJ 2.1 (b)(5) should be amended to include the statutory requirement of 15 day response time for notice of infractions as well as the requirement under the "mailbox rule" to allow 3 additional days to any notice or paper served by mail. By adding the 18 day response time for a notice of infraction served by mail, IRLJ 2.1 (b)(5) will also be consistent with IRLJ 2.4(a).


Suggested Change to IRLJ 2.1 Notice of Infraction


     [(a) No change.]

     (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) is not required on a notice of infraction alleging the commission of a parking, standing, or stopping infraction:

     (1) The name, address, and phone number of the court where the notice of infraction is to be filed;

     (2) The name, address, date of birth, sex, physical characteristics, and, for a notice of traffic infraction, the operator's license number of the defendant;

     (3) For a notice of traffic infraction, the vehicle make, year, model, style, license number, and state in which licensed;

     (4) The infraction which the defendant is alleged to have committed and the accompanying statutory citation or ordinance number, the date, time, and place the infraction occurred, the date the notice of infraction was issued, and the name and, if applicable, the number of the citing officer;

     (5) A statement that the defendant must respond to the notice of infraction within 15 days of issuance; the date the notice is personally served or, if the notice is served by mail, within 18 days of the date the notice is mailed.

     (6) A space for entry of the monetary penalty which respondent may pay in lieu of appearing in court;

     (7) A statement that a mailed response must be mailed not later than midnight on the day the response is due;

     (8) The statements required by RCW 46.63.060 or other applicable statute; and

     (9) Any additional information determined necessary by the Administrator for the Courts.

     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.

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