WSR 07-01-026

STATE SUPREME COURT


[ Filed December 8, 2006, 2:11 p.m. ]

In the matter of the adoption of the amendment to IRLJ 3.1(b) )

)

 ORDER

NO. 25700-A-864
     The District and Municipal Court Judges' Association having recommended the adoption of the proposed amendment to IRLJ 3.1(b), and the Court having determined that the proposed amendment 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 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.

INFRACTION RULES FOR COURTS OF LIMITED JURISDICTION (IRLJ)

RULE 3.1 CONTESTED HEARINGS -- PRELIMINARY PROCEEDINGS



     (a) Subpoena. [No change.]

     (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.

© Washington State Code Reviser's Office