RULES OF COURT
|IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO IRLJ 3.1(b)-CONTESTED HEARINGS PRELIMINARY PROCEEDINGS||) ) ) )||ORDER
Now, therefore, it is hereby
(a) That the amendments previously adopted by the Court on June 3, 2010, are rescinded and the revised amendments as shown below hereto are adopted.
(b) That the revised amendments will be published in the Washington Reports and will become effective September 1, 2010.
DATED at Olympia, Washington this 8th day of July, 2010.
| Madsen, C.J.
| C. Johnson, J.
|| Owens, J.
| Alexander, J.
|| Fairhurst, J.
|| J. M. Johnson, J.
| Chambers, J.
|| Stephens, J.
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
lawyer prosecuting authority shall at least 7 days before the
hearing provide the defendant or the defendant's lawyer with:
(1) a copy of the citing officer's sworn statement; (2) a copy
of video or photographic evidence the prosecutor proposes to
introduce at trial, unless in reply to the discovery request
the prosecutor provides the address to a website where such
evidence is accessible to the defendant; and (3) and with the
names of any witnesses not identified in the citing officer's
sworn statement. No other discovery shall be required. If
the prosecuting authority provides the citing officer's sworn
statement any portion of the discovery less than 7 days before
the hearing but not later than one day before the hearing,
such untimely discovery 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 any portion of
the discovery prior to the day of the hearing, the statement
shall portion of discovery not provided 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
(c) Amendment of Notice. The court may permit a notice of infraction to be amended at any time before judgment if no additional or different infraction is charged, and if substantial rights of the defendant are not thereby prejudiced. A continuance shall be granted if the defendant satisfies the court that the additional time is needed to defend against the amended notice of infraction.
(d) Sufficiency. No notice of infraction shall be deemed insufficient for failure to contain a definite statement of the essential facts constituting the specific infraction which the defendant is alleged to have committed, nor by reason of defects or imperfections which do not tend to prejudice substantial rights of the defendant.
Adopted as JTIR effective January 1, 1981. Changed from JTIR to IRLJ effective September 1, 1992; amended effective January 2, 1997; amended effective January 3, 2006; January 2, 2007.]
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.
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.