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Local Court Rules

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GENERAL RULES


SMCLR 1.7 ADOPTION OF LOCAL RULES

These rules are adopted pursuant to CrRLJ 1.7.

[Effective May 2, 1988.]

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SMCLR 1.8 TITLE OF RULES

These rules may be known and cited as Seattle Municipal Court Local Rules, and shall be referred to as SMCLR.

[Effective May 2, 1988.]

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SMCLR 2.4 COMPLAINT

Whenever the plaintiff refiles a case that has previously been dismissed without prejudice, the charging document must reflect the word "REFILED" and must set forth the Municipal Court of Seattle case number.

[Effective August 21, 1991.]

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LOCAL ADMINISTRATIVE


SMCLR 9.3 DOCUMENT AND RECORDING FEES

Fees for the duplication and preparation of documents and recordings shall be set at cost by the Court Administrator, from whom a schedule shall be available.

[Effective September 1, 1999; amended effective September 1, 2004.]

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SMCLR 10.1 CALL OF CALENDARS

At the start of each session the magistrate or commissioner shall order the names scheduled for hearing to be read. This procedure shall be followed for a defendant in an infraction case. The court may issue a finding that the infraction was committed, and may enter a default judgment in the amount of the bail, plus a default penalty as provided by law.

[Effective May 2, 1988; amended September 1, 2004.]

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SMCLR 10.2 PRESIDING JUDGE

1. Election and Term of Presiding Judge

      (a) The judges shall elect by a majority of all the judges a Presiding Judge for a term of not less than two years. The term of office shall commence on January 1 following election. The election should occur a minimum of two months prior to the beginning of the new term.
      (b) Candidates for the position of Presiding Judge shall demonstrate their interest in the position by expressing his or her views to other judges about the strategic direction of the court.
      (c) In the same manner, the judges will elect an Assistant Presiding Judge for a term of not less than two years. The term of office for Assistant Presiding Judge shall commence on January 1 following election. The election should occur a minimum of two months prior to the beginning of the new term.
      (d) Vacancies. Vacancies in the office of Presiding Judge or Assistant Presiding Judge shall be filled by a majority vote of all the judges, at a regular or special meeting of the judges, within 30 days after the vacancy occurs. In the case of a vacancy in the office of Presiding Judge, the Assistant Presiding Judge shall serve as the acting Presiding Judge until said election. In the case of vacancy in the office of Assistant Presiding Judge, the third member of the Executive Committee shall act as interim Assistant Presiding Judge. The judge elected to fill the vacancy shall serve the remainder of the term of the Presiding Judge or Assistant Presiding Judge. In the absence of both the Presiding Judge and Assistant Presiding Judge, the Immediate Past Presiding Judge shall act as interim Presiding Judge until said election.
      (e) Failure or refusal to elect. If the judges fail or refuse to elect a Presiding Judge or Assistant Presiding Judge, the Presiding Judge then in office shall notify the Supreme Court of said failure or refusal no later than 45 days after the vacancy occurs, and the Chief Justice of the Supreme Court shall appoint a Presiding Judge or Assistant Presiding Judge pursuant to GR 29.
      (f) Removal. The Presiding Judge or Assistant Presiding Judge may be removed by majority vote of the judges at a regular or special meeting of the judges called by any judge upon at least ten days notice in writing or by court electronic mail sent to all judges stating that removal or the Presiding Judge or Assistant Presiding Judge is at issue.
      (f) Ballots. Casting of ballots pursuant to this rule may be made in person, by court electronic mail, telephonically, by letter or other written notice or by proxy given to another judge.

2. Responsibilities of Presiding Judge

      (a) The Presiding Judge shall be responsible for leading the management and administration of the court's business, recommending policies and procedures that improve the court's effectiveness, and allocating resources in a way that maximizes the court's ability to resolve disputes fairly and expeditiously. Judicial caseload of the court shall be adjusted to provide the Presiding Judge with sufficient time and resources to properly perform the duties of office as required by GR 29.
      (b) The Presiding Judge shall direct the work of the Court Administrator in managing all administrative, non-judicial functions and all other court personnel.
      (c) When the Presiding Judge is unavailable, the Assistant Presiding Judge shall undertake the duties of the Presiding Judge. If both the Presiding Judge and the Assistant Presiding Judge are unavailable, the Immediate Past Presiding Judge shall undertake the duties of the Presiding Judge.
      (d) The Presiding Judge shall directly supervise non-elected judicial officers.
      (e) The Presiding Judge may delegate specific supervisory responsibilities to other judges. The Presiding Judge shall make specific judicial assignments for supervisory duties to other judges for each calendar year.
      (f) Executive Committee. The executive committee will consist of the Presiding Judge, Assistant Presiding Judge, the immediate Past Presiding Judge and the Court Administrator. The Executive Committee will act in an advisory capacity to the Presiding Judge in the management of the Court, review administrative proposals, judicial projects and proposed court policies. The Executive Committee shall make no binding policy decisions absent prior approval by the majority of judges.
      (g) A Standing Advisory Committee, referred to as the Bench-Bar Committee, appointed and chaired by the Presiding Judge or his/her designee judge, may meet monthly to discuss policies, procedures and other matters that may be of mutual interest. The Bench-Bar Committee shall be comprised of the Court Administrator, Chief Clerk, Chief Bailiff, Probation Director, the City Attorney or designee and the Directors or designee of the Public Defense agencies. A member of the Washington Association of Criminal Defense Lawyers and the chair or his/her designee of the Criminal Law Section of the King County Bar Association may also be asked to participate.

[Effective June 13, 1989; amended effective September 1, 1997; September 1, 1998; September 1, 2003; September 1, 2006; September 1, 2011; amended January 1, 2012]

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SMCLR 10.3 MEETING OF THE JUDGES

The judges shall meet at least once each month, except for July and August, at such hour and place as the presiding judge shall designate. The presiding judge shall preside at all such meetings and the judges shall consider such matters pertaining to the administration of justice in the court as may be brought before them. The presiding judge shall prepare an agenda for the meeting and provide a copy for the other judges in advance thereof. The judges shall at such meetings, by majority vote of those present, plus proxies, adopt rules for the proper administration of justice in the court.

[Effective May 2, 1988; amended September 1, 1997.]

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SMCLR 10.4 MAGISTRATES

The court may employ judicial officers as Magistrates to assist in the administration of justice and accomplishment of the work of the court. The Presiding Judge shall have the authority to assign work to the Magistrates. The duties and responsibilities that have been assigned to Magistrates include the adjudication of contested civil traffic infractions, parking infractions, and various ordinance violations, presiding over mitigation and contested settlement conferences, and such other duties as may be assigned by the Presiding Judge.

Magistrates are expected to perform their assigned duties and responsibilities in a timely and efficient manner, consistent with law, and with appropriate judicial demeanor and respect for the rights of court participants and court personnel. Magistrates are further expected to adhere to the Code of Judicial Conduct and to the Code of Conduct for Employees of Municipal Court. Failure of magistrate to fulfill any of his or her duties or responsibilities, as determined in the judgment and discretion of the presiding judge, may result in disciplinary action including termination of employment.

[Effective June 13, 1989; amended September 1, 2003; September 1, 2011]

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LOCAL CIVIL


SMCLR 10.7 CIVIL CASE PROCEDURES

      (a) Scope of Rule. This rule applies to civil actions filed with the Seattle Municipal Court that do not fall within the scope of infractions under the IRLJ and SMCLR.
      (b) Commencement of Action. A civil action is commenced by filing with the court a complaint signed as required under CRLJ 11. Upon the filing of a complaint, the civil clerk will assign a case number to the matter. Plaintiff must affix the case number to the summons and complaint and serve the summons and complaint on the defendant pursuant to CRLJ 4, and file copies of the summons and proof of service with the court. Unless a statute or rule provides for a different time requirement, defendant(s) must file a written answer with the court and serve a copy on the other party no later than 20 days after being served.
      (c) Pre-Settlement Conferences. Pre-settlement conferences are informal proceedings, presided over by a magistrate, to discuss the status of cases and possible settlement options. Either party may request a pre-settlement conference by filing a written request with the civil clerk. The civil clerk shall notify all parties of any pre-settlement conference dates.
      (d) Trial Settings. Either party may request a case be set for trial by filing a note for trial for an available trial date with the civil clerk. Available trial dates may be obtained from the civil clerk. The proposed trial date must be scheduled at least 45 days after the note for trial is filed. The party filing the note for trial must serve a copy on all other parties on the same day the note is filed with the clerk. The note for trial may be served by first class mail.
      (e) Disclosure of Witnesses. All parties shall disclose all persons with relevant factual or expert knowledge whom the party reserves the option to call as witnesses at trial no later than 30 days prior to the trial date. The disclosure deadline is not extended if a trial date is continued. Disclosure shall include the following:
      1. All witnesses. Name, address, and phone number.
      2. Lay witnesses. A brief description of the witness's relevant knowledge.
      3. Experts. A brief description of the subject matter of the expert's testimony and a statement of qualifications.
Any person not disclosed in compliance with this rule may not be called to testify at trial, unless the Court orders otherwise for good cause and subject to such conditions as justice requires.
      (f) Discovery. All discovery must be completed 7 days prior to the first assigned trial date. The discovery cutoff date shall not be extended if a trial date is continued unless approved by the Court or by agreement of the parties.
      (g) Demand for Jury Trials. A demand for a jury trial shall be made by filing a jury demand with the civil clerk and paying a jury fee as authorized by RCW 3.62.060 no later than 7 days after the notice of trial date is mailed or otherwise delivered to the parties. The party requesting the jury trial must serve the demand for jury to all other parties on the same date the jury demand is filed with the civil clerk. The demand for jury may be served by first class mail. Failure to comply with this rule shall be deemed a waiver of the right to a jury trial. The deadline for demanding a jury trial shall not be extended if a trial date is continued.
      (h)Motions.
      1. Dates of Filing, Hearing and Consideration. The moving party shall file and serve all motion documents no later than 6 court days before the date the party wishes the motion to be considered. If the case is set for trial, all motions and supporting documents must be filed and served by the moving party no less than 14 days prior to the trial date. Either party may request oral argument by requesting it in the party's written documents.
      2. Note for Motion.
A Note for Motion designating an available hearing date shall be filed and served with the motion. Available hearing dates and Note for Motion forms are available from the civil clerk's office.
      3. Opposing Documents. Any party opposing a motion shall file the original responsive papers in opposition to a motion and serve copies on all parties no later than 12:00 noon two court days before the date the motion is scheduled to be heard.
      4. Reply. Any documents in strict reply shall be filed and copies served on parties no later than 12:00 noon on the court day before the motion is scheduled to be heard.
      5. Working Copies. Working copies of all motions and all documents in support or opposition shall be marked as working copies and filed with the originals. The working copies shall identify the date of the motion hearing or trial, the courtroom number, and the name of the judge if known.
      6. Noncompliance. Any material offered at a time later than required by this rule, and any reply material which is not in strict reply, will not be considered by the Court.
      7. Form of Motions and Opposition Documents.
        (a) The motion and any memorandum in opposition shall conform to the following:
          a. Relief Requested
          b. Statement of Facts
          c. Statement of Issues
          d. Evidence relied upon
          e. Authority
          f. Proposed Order for Relief clearly marked as "Proposed"
         (b) The initial motion and opposing memorandum shall not exceed 12 pages and the reply memoranda shall not exceed five pages without permission of the Court.
      (i) Pleadings and other documents.
       The Seattle Municipal Court case number shall be noted in the caption of all pleadings and documents filed with the Court. Pleadings and documents with incorrect or missing case numbers may be deemed null and void. Court clerks have no responsibility for obtaining or correcting case numbers, dates, times or courts.
        1. Documents requiring clerk's action shall include, in the caption, above the cause number, the words "CLERK'S ACTION REQUIRED."
        2. All documents filed with the court shall comply with GR14 and shall have two holes punched at the top (8 1/2 inch edge). These holes shall be 2 3/4 inches apart centered approximately 1/2 inch from the top edge of the paper. Papers which do not conform with this rule may be rejected by court clerks.
      (j) Motions to Reconsider. Motions for reconsideration of an order or judgment must be filed no later than 10 days after the date of entry of the order or judgment. The form of motion shall conform to section (h). The motion shall set forth specific grounds for the reconsideration, and will be considered without oral argument unless called for by the Court. No response to a motion to reconsider shall be filed unless requested by the Court. No motion for reconsideration will be granted without such a request. If a response is called for, a reply may be filed within two days of service of the response.
      (k) Trial Briefs. Trial briefs and bench memorandums may be submitted at the Court's discretion.
      (l) Case Removal to Superior Court. A party seeking case removal to Superior Court shall comply with RCW 4.10.010, RCW 4.14.020 and CRLJ 14A.

[Effective September 1, 2012]

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SMCLR 73 HEARINGS DE NOVO

      (a) Scope of Rule. This rule applies only to proceedings pursuant to Ch. 11.30, Seattle Municipal Code, relating to redemption of impounded vehicles and post-impoundment hearing procedures. The proceedings to which this rule applies is defined by and limited to those expressly set forth in the Seattle Municipal Code permitting de novo appeals from an administrative hearings officer to the Municipal Court of Seattle.
      (b) Filing Notice of Appeal Jurisdictional - Service. When an appeal is permitted by law from a magistrate or commissioner to the Municipal Court, such appeal shall be taken by filing in the Municipal Court clerk's office a notice of appeal within fifteen days after the decision of the magistrate or commissioner and payment of a filing fee to the Municipal Court in the sum set by law, pursuant to RCW 3.62.060 and RCW 7.75.035, unless said fee is waived. The magistrate or commissioner shall provide, upon request, a notice of appeal form approved by the Municipal Court. A copy of the notice of appeal shall be served upon the chief of police and upon the City Attorney. Filing and serving the notice of appeal and payment of the filing fee are the only jurisdictional requirements for an appeal. The notice of appeal shall contain the mailing address of appellant.
      (c) Waiver of Filing Fee for Indigents. A party seeking to appeal partially or wholly at public expense must seek a waiver of the filing fee from the presiding judge or his or her designee by filing and presenting to the presiding judge, or designee, within the fifteen day period, a proposed notice of appeal and an affidavit setting forth the moving party's total assets, expenses and liabilities. The presiding judge, or designee, shall notify the party of his or her decision in writing within three court days of filing the affidavit. If the presiding judge, or designee, determines that the filing fee shall be waived, the presiding judge, or designee, shall direct the clerk to file the notice of appeal.
      (d) Discovery. Upon written demand, a party shall provide the other party, within seven days of receipt of the demand, with a list of witnesses, together with their addresses and telephone numbers, and copies of all documents the party will offer at the de novo hearing; the city shall mail discovery demanded pursuant to this rule to appellant's address contained in the Notice of Appeal. No other discovery shall be required. If, after compliance with this rule or orders pursuant to it, a party discovers additional witnesses or information that is subject to disclosure, the party shall promptly notify the other party of the existence of such additional material. Failure to provide discovery in accordance with this rule is grounds for exclusion of evidence or such lesser sanction as the court deems just and equitable.
      (e) Scheduling of De Novo Hearing. The hearing shall be scheduled not sooner than twelve but not later than 21 days from the filing of the notice of appeal, and shall be set on a Municipal Court bench trial calendar. The clerk shall notify the parties in writing of the hearing date, and shall mail notice to the parties within three days of filing of the notice of appeal. The presiding judge or designee has the discretion to schedule a contested hearing for a parking infraction that was alleged to occur at the time of the impoundment at the same time as the de novo hearing.
      (f) Procedures at Hearing. At the hearing, the city shall be represented by a lawyer. Appellant may be represented by a lawyer. The Rules of Evidence applicable to civil cases shall apply. If an infraction is consolidated with the hearing, IRLJ 3.3(c) shall apply to the infraction. If the court finds the impoundment to have been proper, the court shall enter an order so stating. If the court finds the impoundment to have been improper, the court shall enter an order so stating, and shall order the immediate release of the vehicle to the registered owner of the vehicle. If the costs of impoundment, towing, removal, storage and administrative fees and filing fee have been paid, the court shall enter a judgment in favor of appellant in that sum. If the court finds the impoundment to have been proper but that the fees charged for impoundment, removal, towing, storage or administration were improper, the court shall determine the correct fees to be charged and, if the costs and fees have been paid, the court shall enter a judgment against the city and in favor of the appellant for the amount of the overpayment.
      (g) Time Payments. The court may grant time payments in cases of extreme financial need and where there is an effective guarantee of payment. If the court grants time payments, the court shall order the release of the vehicle immediately if authorized by law or at the end of the authorized impound period.

[Emergency rule, adopted December 4, 1998, effective January 1, 1999; amended effective September 1, 2002; September 1, 2004.]

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SMCLR 74 - RULES ON APPEAL OF CODE OF ETHICS VIOLATIONS

      (a) Scope of Rule. This rule applies only to appeals of fines imposed by the Seattle Ethics and Elections Commission (Commission) upon city employees imposed pursuant to Ch. 4.16, Seattle Municipal Code.
      (b) Filing Notice of Appeal. When an appeal is permitted by law to the Municipal Court from a fine imposed by the Commission, such appeal shall be taken by filing a notice of appeal in the Municipal Court clerk's office, and paying a filing fee to the Municipal Court in the amount set by law, pursuant to RCW 3.62.060 and RCW 7.75.035, for filing a civil action in district court, within twenty days after the date of the Commission's decision. The notice of appeal shall contain, in separate numbered paragraphs, statements of the specific findings of fact, conclusions of law, or aspects of the fine on which appellant seeks review, the basis for the appeal, and a brief statement of the relief requested. The appellant shall attach a copy of the written decision of the Commission being appealed. A copy of the notice of appeal shall be served upon the Executive Director of the Commission. Timely filing and serving the notice of appeal and payment of the filing fee are the only jurisdictional requirements for an appeal. The notice of appeal shall contain the mailing address of appellant.
      (c) Stay of Proceedings. Upon timely filing and service of a notice of appeal, the fine imposed by the Commission shall be stayed.
      (d) Scope of Review. An appeal pursuant to this rule is on the Commission's record and is not de novo. The court shall uphold the Commission's decision if it determines that the decision is not arbitrary, capricious or otherwise illegal and that the decision is supported by substantial evidence in the Commission's record. No new evidence shall be taken by or submitted to the court. If the court affirms the Commission, then the fine is immediately due. Otherwise, the court shall modify, reverse or remand the matter to the Commission.
      (e) Procedures.
         (1) Record on Appeal. Within thirty days after the notice of appeal is filed and served, appellant shall, at appellant's expense, provide the Executive Director of the Commission with a report of proceedings to the extent deemed necessary for review by appellant. The report of proceedings may take the form of a "verbatim report of proceedings" as provided in Rules of Appellate Procedure (RAP) 9.2 or an "agreed report of proceedings" as provided in RAP 9.4. If appellant prepares less than all of the verbatim report of proceedings, the Executive Director may prepare a transcript of additional portions of the hearing, at the Commission's expense. The Executive Director shall review the transcript. Appellant may serve and file objections to, and propose amendments to, the verbatim report of proceedings as approved by the Executive Director. If objections or amendments are served and filed, any objections or proposed amendments must be determined by the members of the Commission before whom the proceedings were held. The Executive Director shall provide appellant with a copy of the relevant papers and exhibits which were considered by the Commission, which shall be included in the record to the court. The Executive Director shall file the report of proceedings and record with the court.
         (2) Sanctions for Failure to Perfect Appeal. The court, upon motion, may dismiss an appeal that is not diligently pursued by appellant. The court, upon motion, may reverse a fine imposed by the Commission where the court finds that the Executive Director has not, in good faith, pursued the preparation of the record.
      (f) Hearing. Within thirty days of the filing of the notice of appeal, the presiding judge shall assign the appeal to a judge or judge pro tempore. Appellant shall file with the court and serve upon the Executive Director a brief, not to exceed fifteen pages, within thirty days of receipt by the court of the agreed or approved record. Respondent shall file and serve a brief, not to exceed fifteen pages, within thirty days of service of appellant's brief. Appellant may file and serve a reply brief, not to exceed five pages, within ten days of service of respondent's brief. Briefs shall conform with RAP 10.4(a). The court shall schedule oral argument, unless waived, within thirty days of filing of respondent's brief. Each party shall be allowed ten minutes for oral argument. Appellant may reserve part of his or her ten minutes for rebuttal argument.
      (g) Decision. The court shall state its decision at the conclusion of oral argument or shall prepare a written decision with thirty days of oral argument.
      (h) Costs. The filing fee and the costs of preparing the record may be taxed against the non-prevailing party. Where the court determines that the fine was properly imposed, then the Commission is the prevailing party. Where the court reverses the fine, then appellant is the prevailing party. Where the court modifies the fine or remands the matter to the Commission, then the court will determine which party has substantially prevailed. A prevailing party shall file a cost bill with the court and serve a copy of the bill on the non-prevailing party within ten days after the court has announced or filed its decision. The non-prevailing party may object to items in the cost bill by filing with the court objections to the cost bill within ten days after service of the cost bill. The court will determine costs within ten days after the time has expired for filing objections to the cost bill. No oral argument will be taken on costs.

[Emergency rule, adopted December 4, 1998, effective January 1, 1999; amended effective September 1, 2002; September 1, 2004.]

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LOCAL CRIMINAL


SMCLR 2.3 SEARCH AND SEIZURE

(c) Issuance and Contents. A search warrant may be issued only if the court determines there is probable cause for the issuance of a warrant. There must be an affidavit, a document as provided in RCW 9A.72.085 or any law amendatory thereto, or sworn testimony establishing the grounds for issuing the warrant. The sworn testimony may be an electronically recorded telephonic statement, facsimile machine document or electronically mailed document. The recording or a duplication of the recording facsimile, or electronic mail shall be a part of the court record and shall be transcribed if requested by a party if there is a challenge to the validity of the warrant or if ordered by the court. The evidence in support of the finding of probable cause shall be preserved and shall be subject to constitutional limitations for such determinations and may be hearsay in whole or in part. If the court finds that probable cause for the issuance of a warrant exists, it shall issue a warrant or direct an individual whom it authorizes for such purpose to affix the court's signature to a warrant identifying the property or person and naming or describing the person, place or thing to be searched. The court's authorization may be done by electronic signature process. A record shall be made of any additional submitted evidence on which the court relies.

(h) Search Warrants. After execution and return, the search warrant shall be filed by number and description of the person or property to be searched. An index will be maintained and available to the public by the Clerk's Office.

[Effective September 11, 2013]

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SMCLR 3.1.1 INDIGENT SERVICES OTHER THAN LAWYER

A lawyer for a defendant who is financially unable to obtain expert services necessary to an adequate defense may request them by a motion to the court. The motion must be in writing, and shall be accompanied by (1) an affidavit or sworn declaration, signed by the defendant, setting forth the defendant's assets, income, liabilities, monthly expenses, dependents and employment; (2) an affidavit or declaration setting forth the name, address of the expert, cost, qualifications of the expert and a summary of the expert's proposed testimony as it relates to the case in question; (3) a copy of all of the discovery material provided by the plaintiff; and (4) any other materials to assist the court in determining whether the services are necessary. The pleadings may be presented ex-parte to the court which heard the last pre-trial hearing. Unless otherwise directed by the court, the motion will be decided exclusively on the pleadings without oral argument. If the defendant requests that the affidavits or declarations be sealed because they contain privileged information not discoverable by the plaintiff, the court may order the clerk to place the affidavit or declaration in a sealed envelope for filing. Requests for expert services likely to exceed $350 should be submitted to the Presiding Judge.

[Effective May 2, 1988; amended effective September 1, 1997; September 1, 2011.]

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SMCLR 3.2(o) RELEASE OF ACCUSED

      (a) When required to reasonably assure appearance in court for those persons arrested and detained in jail for new offenses, bail shall be set in accordance with a schedule, approved by the Presiding Judge. Bail shall not be set for accused persons arrested for new domestic violence charges, stalking, violation of an anti harassment order and firearms offenses as set out in 12A.14.071 (discharge of a firearm), 12A.14.075 (unlawful use of weapons to intimidate another) and 12A.14.080 (unlawful use of weapon) except at the preliminary appearance or arraignment.
      (b) Defendants charged with domestic violence offenses, stalking or violation of an anti-harassment order who fail to appear for hearings, shall appear before the Court the next judicial day and a No Contact Order shall be issued before the defendant is released on warrant bail.

[Adopted effective July 8, 1993; amended effective September 1, 1994; September 1, 1997; September 1, 2002; September 1, 2004; September 1, 2006; and June 24, 2014]

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SMCLR 3.2.1: ELECTRONIC FILING OF PROBABLE CAUSE DOCUMENTS

For purposes of determining probable cause to detain under CrRLJ 3.2.1(a), the court may rely on documents filed electronically by a law enforcement officer following the procedure established by GR 30. The documents must be authenticated by a law enforcement officer using a digital signature that complies with the requirements of RCW 19.34 or GR 30, or by the arresting or citing officer explicitly signing the statement and transmitting the eSuperform within the King County Booking and Referral System, as permitted by GR 30.

[Effective November 28, 2012.]

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SMCLR 3.4: VIDEO CONFERENCE PROCEEDINGS

PRESENCE OF THE DEFENDANT
Pursuant to GR 19 and CrRLJ 3.4(d), proceedings in Seattle Municipal Court may be conducted via video conference or other similar technology.

[Effective July 1, 2013]

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SMCLR 4.1a(2) ARRAIGNMENT

      (i) Arraignments shall be in accordance with CrRLJ 4.1 and 4.2. A lawyer may, pursuant to CrRLJ 4.1 (e) and SMCLR 8.4.1, enter an appearance on behalf of a client except in cases in which the docket or charging document states that one or more of the charges involves domestic violence, harassment, violation of an anti-harassment order, driving under the influence, physical control, assault, stalking, or firearms offenses as set out in 12A.14.071(discharge of a firearm), 12A.14.075 (unlawful use of weapons to intimidate another) and 12A.14.080 (unlawful use of weapon) whereupon defendant's presence is mandatory. The clerk may continue an arraignment at the request of the defendant or counsel for no more than two weeks, except in cases in which the docket or charging document states that one or more of the charges involves domestic violence, violation of an anti-harassment order, harassment, driving under the influence, physical control, assault, stalking or firearms offenses as set out in 12A.14.071(discharge of a firearm), 12A.14.075 (unlawful use of weapons to intimidate another) and 12A.14.080 (unlawful use of weapon). Where legislation mandates the defendants appearance on the next judicial day following arrest if the defendant is served with a citation or complaint at the time of the arrest, the term next judicial day as applied in Seattle Municipal Court shall mean within 72 hours of arrest excluding Sundays and holidays. Appearances may be entered only after a complaint or citation and notice has been filed.
      (ii) Intake Hearings. . Defendants who wish to plead not guilty who are out of custody and who are not charged with an offense involving domestic violence, violation of an anti-harassment order, harassment, driving under the influence, physical control, assault, stalking or firearms offenses as set out in 12A.14.071(discharge of a firearm), 12A.14.075 (unlawful use of weapons to intimidate another) and 12A.14.080 (unlawful use of weapon) may, at the time summoned for arraignment, appear before a clerk; the clerk shall assign a pre-trial hearing date without judicial involvement. Any defendant who so desires may appear before a judge at this initial intake appearance for formal arraignment. The clerk may continue an arraignment at the request of the defendant or counsel for no more than two weeks, except in cases in which the docket or charging document states that one or more of the charges involves domestic violence, violation of an anti-harassment order, harassment, driving under the influence, physical control, assault, stalking or firearms offenses as set out in 12A.14.071(discharge of a firearm), 12A.14.075 (unlawful use of weapons to intimidate another) and 12A.14.080 (unlawful use of weapon).
      (iii) Delays. Defendants who are released from custody prior to arraignment may delay arraignment once a complaint has been filed. The clerk may continue an arraignment or Intake Hearing at the request of the defendant or counsel for no more than two weeks, except in cases in which the docket or charging document states that one or more of the charges involves domestic violence, violation of an anti-harassment order, harassment, driving under the influence, physical control, assault, stalking, or firearms offenses as set out in 12A.14.071 (discharge of a firearm, 12A.14.075 (unlawful use of weapons to intimidate another) and 12A.14.080 (unlawful use of weapon). If a complaint has not been filed a judge must approve the delay request.

[Effective May 2, 1988; amended effective June 13, 1989; September 1, 1994; September 1, 1997, September 1, 1998, changes effective January 1, 1999; September 1, 1999; September 1, 2002 September 1, 2004, September 1, 2006, and September 1, 2011, September 1, 2012;and June 24 2014.]]

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SMCLR 5.4 PRE-TRIAL HEARINGS

Unless a disposition of the case is entered into at the intake hearing or an arraignment, a pre-trial hearing may be held. Notice shall be issued by the clerk to the parties of the date, time and courtroom for this hearing. Defendant and all counsel must be present at the pre-trial hearing; failure of the defendant to appear may result in the issuance of a bench warrant.

[Effective June 13, 1989; amended effective September 1, 1997; September 1, 2002; September 1, 2004; September 1, 2006.]

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SMCLR 6.1 ASSIGNMENT OF TRIALS

      (a) Generally, at arraignment or the pre-trial hearing, the court shall provide the parties with the jury trial date. The parties shall appear at the readiness calendar, or file a certificate of readiness. At the readiness calendar the parties will inform the court that the case is ready for trial on the assigned trial date, or will indicate witness and party scheduling conflicts that may require rescheduling of the trial date. The court may require the defendant to appear at the readiness calendar if warrants were issued previously; failure to do so appear may result in the issuance of a bench warrant and striking of the trial date.
      (b) The parties may waive appearance at the readiness calendar by filing an agreed certificate of readiness on a form provided by the clerk of the court. A certificate may be filed if there is no outstanding discovery, witness or scheduling issues.
      (c) Following the readiness calendar, the court will determine trial priority, taking into consideration the expiration dates, the parties' and witness' scheduling conflicts and other matters deemed appropriate by the court.
      (d) All parties and counsel shall appear on the trial date, as directed by the court. The domestic violence court retains the case on its individual calendar and sets all subsequent hearings as necessary including but not limited to pretrial, readiness, jury and review hearings.
      (e)Domestic violence cases are assigned to a domestic violence court at arraignment. The domestic violence court retains the case on its individual calendar and sets all subsequent hearings as necessary including but not limited to pretrial, readiness, jury and review hearings.
      (f) Other cases may be assigned to a specific court at arraignment or pretrial. Otherwise all subsequent trials may be set on the Master Calendar from pretrial courtrooms.

[Effective June 13, 1989; amended effective September 1, 1993; September 1, 1994; September 1, 1997; September 1, 2002; September 1, 2004; November 2004; September 2005; September 1, 2006; September 1, 2007 September 1, 2011, September 1, 2012.]

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SMCLR 7.3 (k)(1) JUDGMENT (RESTITUTION)

Where the court orders that a defendant pay restitution but does not set an amount at the time of disposition, the City Attorney shall, within ninety days, file with the court a motion for restitution with documentation in support thereof.

[Effective September 1, 1997; amended effective September 1, 2002, September 1, 2004; September 1, 2006, September 1, 2012.]

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SMCLR 8.2.1 MOTIONS

      (a) Motions

          (1) All motions shall be noted on Trial Setting Order and shall be filed no later than the pretrial hearing at which the matter is scheduled for trial. A party noting a motion must file a supporting affidavit pursuant to CrRLJ 3.6 at the same time, except that, upon good cause shown, a trial court may extend the time for the filing of a supporting affidavit for up to five (5) business days. Counsel shall indicate whether the motion will require live testimony. The pre-trial court shall hear testimonial motions prior to the date the case is set for trial unless the trial court finds good cause to reserve the motions to the trial date.

          (2) Copies of Motions and Supporting Material. Not later than fourteen (14) business days prior to the hearing date, the moving Party shall serve the motion on all parties and the clerk, a supporting brief, copies of all affidavits, photographic, video, audio, documentary and all other evidence presented in support of the motion and a proposed order. Not later than five (5) days prior to the hearing date, each party opposing the motion shall file with all opposing parties and the clerk, and serve on each party that has appeared in the action, a brief in opposition to the motion, together with any supporting material. The original motion and shall be filed in accordance with SMCLR 8.4.1.

          (3) Noncompliance. If a party fails to file the papers required by this rule, or if a party or a necessary witness fails to appear on the day appointed for argument or hearing, the motion may be granted, or the hearing stricken by the court and the motion deemed waived. The court may, upon a showing of good cause, continue the motion.

      (b) Emergency Motions. Any party may request an immediate hearing before the pretrial judge if circumstances so require. The party requesting the emergency hearing must provide appropriate notice to the opposing party, allowing both parties an opportunity to be heard on the issue presented. If immediate action is necessary and the judge assigned to the case for pretrial hearing is unavailable, any other judge may hear and dispose of the matter requiring immediate attention, but such action shall not constitute reassignment of the case or proceeding.

      (c) Reconsideration of Motions. A motion for reconsideration shall be clearly labeled. The motion for reconsideration shall be noted for consideration on the court's calendar and may be summarily denied without a hearing. No response to a motion for reconsideration shall be filed unless requested by the court. The request will set a time when the response is due, and may limit the response to particular issues or points raised by the motion.

[Effective September 1, 2002; Amended effective September 1, 2004; September 1, 2007; September 1, 2011; March 16, 2012; September 1, 2012; and June 24, 2014.]

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SMCLR 8.2.2 CONTINUANCES

      (a) Motions for continuances of hearings and trials shall be presented to the court before which the hearing is scheduled. Once a case is assigned to a trial court for jury trial, a motion for continuance is presumed untimely and will be denied unless based upon facts unknown and not reasonably foreseeable to the moving party prior to assignment to the trial court.
      (b) No case shall be continued for hearing or trial unless good cause has been shown.
            (1) All motions to continue a pre-trial or trial date shall be made in writing, setting forth specific facts showing good cause and justification for the specific length of the continuance.
Motions for continuance of trials and any supporting documentation on such motions shall be served on the parties no later than two days prior to the readiness hearing, unless excused by the court for cause.
Appropriate sanctions may be imposed.

            (2) In ruling on a motion to continue, the following factors will be considered by the court:
                  (a) The diligence of counsel in noting the motion.
                  (b) The proximity of the motion to the trial date, the age of the case, previous continuances;
                  (c) Any injury, inconvenience caused to the naming party.
                  (d) The earliest date all parties will be ready to proceed to trial.
            (3) The following factors do not necessarily establish good cause for continuance:
                  (a) Convenience to or stipulation between the parties;
                  (b) Failure to expeditiously prepare for trial;
                  (c) Failure of client to adhere to financial agreement with an attorney;
                  (d) Settlement negotiations not yet completed, including the need to communicate an offer to a client appearing through counsel;
                  (e) Recent substitution of trial counsel, except where required by the Rules of Professional Conduct; and
                  (f) To secure a driver's license for a defendant except at intake/arraignment.

[Effective June 13,1989; amended effective September 1, 1994; September 1, 1997; September 1, 2002, September 1, 2004; ; September 1, 2011.]

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SMCLR 8.4.1 SERVICE OF MOTIONS AND OTHER PLEADINGS

      (a) All motions, briefs and other documents in support of motions, and arraignment waivers shall be filed and served as follows:
         (1) TThe original shall include the date, time and court of the next hearing set forth above the caption on the first page if a hearing on the motion is already scheduled. If a hearing is not scheduled, the words "NOT SCHEDULED" shall appear above the caption;
        (2) The original contain a certificate of mailing or a certificate or affidavit of service upon or acknowledgment of receipt by opposing counsel and judicial chambers;
       (3) The original shall be filed with the clerk of the court in the Seattle Justice Center.
      (b) The clerk is authorized to refuse to accept for filing any documents that do not, on their face, comply with these rules.
      (c) The Seattle Municipal Court cause number shall be noted in the caption. Documents with incorrect or no cause number may be deemed null and void. Court clerks have no responsibility for obtaining or correcting cause numbers, dates, times or courts. The clerk shall make available to parties the printout of all pending cases.
      (d) )Documents requiring clerk's action, including but not limited to arraignment waivers, shall include, in the caption, above the cause number, the words "CLERK'S ACTION REQUIRED." Arraignment waivers which do not include said words and which do not conform to SMCLR 8.4.1(a)(1) may not be processed and, upon failure to appear at arraignment, a warrant may be issued for the defendant's arrest.
      (e) All papers filed with the court shall comply with GR14 and shall have two holes punched at the top (8 1/2 inch edge). All papers filed with the court shall be submitted on letter-size paper (8 -1/2 by 11 inches). Papers which do not conform with this rule may be rejected by court clerks.

[Effective June 13, 1989; amended effective September 1, 1997; September 1, 2002; September 1, 2011; September 1, 2012; June 24, 2014.]

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LOCAL INFRACTIONS


SMCLIR 2.6 Scheduling of Hearings

(a) A defendant charged with an infraction who requests a hearing to explain mitigating circumstances, IRLJ 2.4, RCW 46.63.070, shall appear before a Magistrate. The Magistrate's determination of the disposition shall be final, and is not subject to review before a Judge.
(b) A defendant charged with an infraction who requests a hearing to contest the determination that an infraction occurred shall first appear before a Magistrate for a prehearing conference. The prehearing conference shall be held in the Magistrate's department and should be scheduled in accordance with IRLJ 2.6(a). The Presiding Judge or designee, defendant, or defendant's lawyer, may waive the prehearing conference on his/her own motion. If the pre hearing conference is waived the case will be set for a contested hearing. A defendant who waives the prehearing conference is deemed to have waived any IRLJ 2.6(d) objection to the prehearing conference date. If the defendant fails to waive or appear at the settlement conference, a default judgment shall be entered
(c) If the defendant who requests a hearing to contest the determination that an infraction was committed has a criminal charge pending in Seattle Municipal Court, and said criminal charge arises out of the same occurrence as the infraction, the hearing on the infraction may be heard at the same time as the criminal charge. The defendant, the City Attorney or the court may make this request as authorized by the Infraction Rules for Courts of Limited Jurisdiction (d) A defendant who objects to the hearing date set by the court pursuant to IRLJ 2.6, shall file with the court and serve upon the plaintiff a written motion for a speedy hearing date. Said motion shall be filed and served no later than ten (10) days from the date of written notice of the hearing date. Failure to comply with this rule shall be a waiver of the objection.
(e) Either party may request the court to consider setting the contested hearing on a special calendar or on Master calendar when the case involves multiple witnesses, complex motions, or other factors that require a lengthy hearing. The court, on its own motion, may set a case on a special calendar or on Master calendar when judicial economy requires or the court deems it appropriate.

[Effective September 1, 1992; Amended effective September 1, 2011; September 1, 2012; November 28, 2012.]

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SMCLIR 2.6.1 CONTINUANCES - CONTESTED HEARINGS

(a) Each party is entitled to have the contested hearing continued one (1) time without judicial approval or prior notice to the opposing party if it is the first continuance for that party and the party contacts the clerk at least fifteen (15) days prior to the scheduled contested hearing.
(b) For continuance requests not covered by (a), the party who wishes to continue the contested hearing must file a written motion with the court and serve a copy of the motion on the opposing party at least fifteen (15) days prior to the scheduled contested hearing. For motions filed less than fifteen (15) days prior to the scheduled contested hearing good cause must be shown.
(c) One (1) continuance on the day of the scheduled contested hearing may be granted if there is no prejudice to the opposing party.

[Effective November 28, 2012]

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SMCLIR 3.1 CONTESTED HEARINGS - PRELIMINARY PROCEEDINGS

(a) Subpoena. A defendant who requests a hearing to contest the determination that an infraction was committed may file upon the court a written demand that the court subpoena the parking enforcement, police or other law enforcement officer who issued the citation. The demand must be filed with the court at least fifteen (15) days prior to the contested hearing. Upon receipt of such demand, the court will issue and serve the subpoena. The court may continue the hearing upon receipt of such a demand to assure the officer's presence, upon written notice to the defendant. A defendant is responsible for obtaining and serving subpoenas in accordance with IRLJ 3.1 in all other circumstances.

[Effective November 28, 2012]

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SMCLIR 3.2 FAILURE TO APPEAR

(a) If a defendant who was personally served with a notice of infraction fails to respond to within fifteen days (15), or fails to appear for a contested hearing, a prehearing conference or a mitigation hearing, the court shall enter a default judgment. If notice of the infraction was mailed to the defendant, defendant has eighteen (18) days to respond. If the defendant fails to satisfy the judgment, the court may refer the delinquent judgment to a collection agency pursuant to RCW 3.02.045. Remuneration for collection services will be assessed as costs, at the rate agreed to between the Court and the collection agency, and added to the judgment.
(b) Motions to set aside a default judgment under IRLJ 3.2(b). The court may consider a request to set aside a default judgment entered upon a defendant's failure to appear as provided in IRLJ 3.2(b) and CRLJ 60(b). If the request is made within 45 days of the entry of default judgment, the court may administratively schedule a hearing to determine whether there is "good cause" to set aside a default judgment entered upon a failure to appear. Requests received after 45 days must be made in writing and submitted to the Presiding Judge.
(c) If the defendant fails to pay a fine and/or a default penalty, the court may refer the delinquent judgment to a collection agency pursuant to RCW 3.02.045. Remuneration for collection services will be assessed as costs, at the rate agreed to between the Court and the collection agency, and added to the judgment.

[Effective November 28, 2012]

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SMCLIR 3.3 PROCEDURE AT CONTESTED HEARINGS

(a) The plaintiff need not be represented by a lawyer at a contested hearing unless directed to do so by the court.
(b) Only printed copies of photos or photos saved to CD/DVD will be considered by the court.

[Effective September 1, 2007; Amended effective November 28, 2012.]

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SMCLIR 3.5 DECISION ON WRITTEN STATEMENTS

(a) Mitigation hearings of infractions based on sworn written statements are authorized pursuant to IRLJ 2.4(b)(4), 2.6, and 3.5. The defendant shall be informed of the option to mitigate by written statement at the time defendant receives written notice of their date to appear in court for the mitigation conference. If the defendant elects to mitigate the infraction by written statement, the defendant's sworn statement must be received by the Court no later than three (3) calendar days before the scheduled mitigation conference or it will not be considered by the Court. There shall be no appeal from a decision based on written statements.
(b) Contested hearings of infractions based on sworn written statements are authorized pursuant to IRLJ 2.4(b)(4), 2.6, 3.4 and 3.5. The defendant shall be informed of the option to contest by written statement at the time defendant receives written notice of their date to appear in court for the pre hearing conference. If the defendant elects to contest the infraction by written statement, the defendant's sworn statement must be received by the Court no later than three (3) calendar days before the scheduled pre hearing conference or it will not be considered by the Court. There shall be no appeal from a decision based on written statements.
(c) The court, on its own motion, may decline to adjudicate a case by written statement and may schedule the matter for a formal court hearing.

[Effective November 28, 2012.]

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SMCLIR 6.2 Monetary Penalty Schedule for Infractions

Penalty Schedule for Selected Infractions

(All statutory references are to Seattle Municipal Code (SMC), except as otherwise designated.)

Description Code Amount (including assessments)
Permit Animal to Damage Property 9.25.084(0D1) $109
Permit Animal to Bark/Whine/Howl 9.25.084(0D2) $109
Permit Animal to Spread or Spill Garbage 9.25.084(0D3) $109
Tobacco License Required (3rd Offense) 6.240.020(3) $269
Tobacco License-Change 6.240.050(3) $269
Tobacco Vending Location (3rd Offense) 6.240.070(3) $269
Sell Sealed Tobacco (3rd Offense) 6.240.080(3) $269
Tobacco Samples - Give Away (3rd Offense) 6.240.120(3) $269
Tobacco License Required (2nd Offense) 6.240.020 (2) $136
Tobacco License-Change (2nd Offense) 6.240.050 (2) $136
Tobacco Vending Location (2nd Offense) 6.240.070 (2) $136
Sell Sealed Tobacco (2nd Offense) 6.240.080 (2) $136
Tobacco Samples - Give Away (2nd Offense) 6.240.120(2) $136
Tobacco License Required (1st Offense) 6.240.020 (1) $54
Tobacco License Change (1st Offense) 6.240.050 (1) $54
Tobacco Vending Location (1st Offense) 6.240.070 (1) $54
Sell Sealed Tobacco (1st Offense) 6.240.080 (1) $54
Tobacco Samples - Give Away (1st Offense) 6.240.120(1) $54
Failure to Vaccinate Cats or Dogs Against Rabies (1st Offence) 9.25.049 (I) $54
Failure to Vaccinate Cats or Dogs Against Rabies (2nd Offence) 9.25.049 (II) $109
Failure to Have Valid Cat or Dog License 9.25.051 $54
Fail to Obtain License Required by Animal Control 9.25.080(A) $125
Fail to Display License ID Tag on Animal 9.25.080(B) $54
Failure to Show License to Officer 9.25.080(C) $54
Using Permit Belonging to Another 9.25.080 (D) $109
Remove License ID Without Owners Consent 9.25.080 (E) $109
Alter a License or License ID Tag 9.25.080(F) $54
Making False Statements Regarding Animal Ownership 9.25.080 (G) $109
Remove Animal from City Vehicle/Shelter without Consent 9.25.080 (H) $109
Allow Accumulation of Animal Feces in Cage/Yard 9.25.082 (A) $109
Failure to Remove Animal Feces from Public 9.25.082 (B) $54
Failure to have Feces Removal Equipment on Person 9.25.082 (C) $54
Have Possession of or Allow Diseased Animal to Run 9.25.082 (D) $109
Dog Off Premises to be On Leash 9.25.084(A) $54
Maintain Alarm w/o No of Person to Turn Alarm Off 10.08.150 $54
Alarm Sounding Over Ten Minutes 10.08.155 $54
Notify SPD of Alarm/ Failure to Report Alarm 10.08.160 (A) $54
Urinating in Public 12A.10.100 $27
Consume/Possess Marijuana in Public 12A.20.100 $27
Consume/Possess Open Container of Liquor 12A.24.025 $27
Sitting or Lying on Sidewalk 15.48.040 $23
Failure to Obey Rules of Road 16.20.020 $72
Failure to Carry Safety Equipment 16.20.030 $72
Swimming in Prohibited Area 16.28.010 $72
Boat Speed Violations 16.20.130 $72
Anchorages Designated 16.40.030 $72
Failure to Display Valid License 18.12.080 (B) $54
Animal at Large in Large Lake, Pond, Fountain 18.12.080 (A) $54
Animal at Large in Large Lake, Pond, Fountain 18.12.080 (II) $109
Failure to Remove Animal Feces from Park 18.12.080 (C) $54
Animal at Large in Large Lake, Pond, Fountain 18.12.080 (III) $136
Animal at Large in Large Lake, Pond, Fountain 18.12.080 (IV) $162
Skateboards at Westlake 18.16.150 $31
Littering - Less than One Cubic Foot 21.36.410 $54
Dumping of Solid Waste 21.36.420 $136
Accumulation of Solid Waste 21.36.425 $54
Unlawful Use of Litter Receptacles 21.36.430 $54
Deposit Garbage in Improper Container 21.36.440 $54
Permit Dog or Cat to Be in Public Fountain 9.25.084 (B) $54
Dog or Cat Loose While in Heat 9.25.084 (C) $54
Have Possession of Anothers Animal 9.25.084 (E) $109
Tether an Animal Improperly 9.25.084 (F) $54
Possession of Tobacco by Persons Under Age of Eighteen RCW 70.155.080 $81
Littering, Lit Cigarette RCW 70.93.060 $540
Failure to Carry Concealed Pistol Permit RCW 9.41.050 (I) (B) $269
Dangerous Animals 9.25.084G(1) or (2) $269
Residential Disturbance 25.08.505 $269

[Effective September 1, 2003; amended September 1, 2004; September 1, 2006; September 1, 2011; November 28, 2012; January 23, 2014.]


(b) Parking Infraction Penalties

Amended Effective November 28, 2012

(All statutory references are to Seattle Municipal Code (SMC), except as otherwise designated.)

Parking Infraction Description Municipal Code Base Penalty Amount
UNAUTHORIZED USE - DISABLED 11.23.400 $250
CARPOOL, FREE & PREFERENTIAL 11.23.410 $47
CARPOOL PERMIT 11.23.415 $47
SERVICE CONTROLLED PARKING AREA 11.26.060 $47
HOOD, CONTROLLED PARKING AREA 11.26.080 $47
HOOD, FREE PARKING AREA 11.26.100 $47
HOOD, WORK LOCATION 11.26.120 $47
HOOD ON OCCUPIED METER 11.26.140 $47
HOODED METER, UNOCCUPIED 11.26.160 $47
HOOD ON METER OVER 2 DAYS 11.26.180 $47
HOOD, PROH. HOURS 11.26.200 $47
HOOD, PASSENGER VEH. 11.26.220 $47
HOOD, REVOKED 11.26.240 $47
HOOD, VIOLATION 11.26.280 $47
ANGLE, GEN. 11.70.020 $47
PARALLEL R. SIDE 11.70.040 $47
PARALLEL 1 WAY ST. 11.70.060 $47
SHOULDER 11.70.080 $47
STALLS/SPACES 11.70.100 $47
PARK, R/W 11.70.120 $47
SECURE VEH. 11.70.140 $44
KEYS IGNITION 11.70.160 $47
REMOVE KEY, LOCK DOOR 11.70.180 $47
ILLEGAL ON STREET/ALLEY 11.70.200 $47
ADVERTISING 11.72.010 $47
ALLEY 11.72.020 $47
ALLEY/DRIVEWAY 11.72.025 $47
ANGLE/ARTERIAL OR BUS ROUTE 11.72.030 $47
BLOCK TRAF OR WALK UNOCCUPIED 11.72.035 $47
BUS SHELTER 11.72.045 $47
BUS ZONE 11.72.050 $47
CURB BULBS 11.72.051 $47
UNAUTHOR. VEH/CARPOOL 11.72.053 $47
CAR SHARING VEH ZONE 11.72.054 $47
CLASS OF VEH. 11.72.055 $47
CLEAR ROADWAY 11.72.060 $47
IN MARKED DISABLED, INVALID PLACARD 11.72.065 $250
COMMERCIAL VEH. 11.72.070 $47
RESTRICTIONS - COMM LOAD ZONE 11.72.075 $53
CROSSWALK 11.72.080 $47
XWALK APPROACH 11.72.090 $47
DOUBLE PARKED 11.72.100 $47
DRIVEWAY OR ALLEY ENTRANCE 11.72.110 $47
ELEVATED STRUCTURE 11.72.130 $47
EXCAVATION OR OBSTRUCTION 11.72.140 $47
EXPIRED/IMPROPER PLATES 11.72.145 $47
FIRE APPARATUS 11.72.150 $47
FIRE EXIT DOOR 11.72.155 $47
FIRE HYDRANT 11.72.160 $47
FIRE STATION DRIVEWAY 11.72.170 $47
FIRE AREA 11.72.180 $47
FIRE LANE 11.72.185 $47
FLASHING SIGNAL 11.72.190 $47
FUEL LOSS 11.72.200 $47
DROPPING OIL OR GREASE 11.72.205 $47
INTERSECTION 11.72.210 $47
LOAD/UNLOAD ZONE 11.72.215 $47
HOODED METERS, SIGNS 11.72.220 $47
FOOD VEHICLE ZONE 11.72.225 $42
MOVING VEHICLE OF ANOTHER 11.72.230 $47
MOVE VEH. AVOID TIME LIMIT 11.72.240 $47
PARK, MUNICIPAL PROPERTY 11.72.250 $44
OVERTIME 11.72.260 $44
REPEATED OVERTIME 11.72.270 $47
IN PARK 11.72.280 $47
PASS. LOAD ZONE 11.72.285 $47
PAVEMENT MARKINGS 11.72.290 $47
PEAK HOUR 11.72.300 $47
PLANTED AREA 11.72.310 $44
PLANTING STRIP 11.72.320 $44
SIGN POSTED LOCATIONS 11.72.330 $47
TOO CLOSE TO R.R. 11.72.350 $47
RESTRICTED PARKING ZONE 11.72.351A $53
RPZ PERMIT ON DISPLAY IN IMPROPER LOCATION ON VEHICLE 11.72.351B $29
ILLEGAL SALE, PURCHASE OR POSSESSION OF RPZ PERMIT 11.72.351C $250
HUSKY STADIUM EVENT RESTRICTED PARKING 11.72.352 $53
SCHOOL LOAD ZONE 11.72.353 $47
SERVICE VEH. IN ST. 11.72.355 $47
SHUTTLE BUS LOAD ZONE 11.72.357 $47
SIDEWALK 11.72.360 $47
STOP SIGN APPROACH (30') 11.72.370 $47
LIMITED ACCESS, STREET 11.72.390 $47
TAXI CAB ZONE 11.72.400 $47
TOW AWAY ZONE 11.72.410 $47
TRAIL OR PATH (VEH/BIKE) 11.72.415 $47
TRF. CONTROL SIGNAL APPROACH 11.72.420 $47
TRL./CAMPER DETACHED 11.72.430 $47
PASS. VEH. IN TRUCK ZONE 11.72.435 $47
OVER 72 HOURS 11.72.440 $44
TYPE OF VEH. 11.72.450 $47
WALL OR FENCE 11.72.460 $47
CURB RAMP 11.72.465 $47
WRONG SIDE 11.72.470 $47
W/IN 30 FT. OF YIELD SIGN 11.72.480 $47
PARKING JUNK VEHICLE ON STREET (IMPOUND) 11.72.500 $250
STAND/ALLEY/COMM. VEH. 11.74.010 $47
TRUCK LOAD ZONE - CMCRL VEH. 11.74.020 $47
LOAD ZONE - TIME RESTRICTIONS 11.74.030 $53
LOAD/UNLOAD PROH. 11.74.060 $47
RESTRICTED AREA 11.74.120 $47
IMPROPER PARKING RECEIPT DISPLAY 11.76.005 $29
METER/COINS 11.76.010 $44
PARKING PAYMENT DEVICE VIOLATIONS 11.76.015 $44
PARKING TIME LIMIT 11.76.020 $47
METER RESTRICTION 11.76.030 $44
ILLEGAL USE, PARKING PAYMENT, TAMPERING 11.76.040 $47
LIGHTS, PARKED VEHICLE 11.82.300 $47
LIGHTS, PARKED, HIGHBEAM 11.82.320 $47
FALSE ALARM - PARKED AUTO 11.84.345 $47
RESTRICTIONS IN CERTAIN PARKS (REQ) 18.12.235 $47

[Effective September 1, 2003; amended September 1, 2004; September 1, 2006; September 1, 2011; October 23, 2011; November 28, 2012; January 23, 2014]

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SMCLIR 6.6.1. Certification of Scales Used in the Measurement of Weight for Commercial Motor Vehicles

(a) In General. This rule applies only to contested hearings in traffic infraction cases.

(b) Scale Test Report and Certification of Inspection. In the absence of proof of a request on a separate pleading to produce a scale inspection expert served on the prosecuting authority and filed with the clerk of the court at least 30 days prior to trial or such lesser time as the court deems proper, a sworn statement setting forth the results of any inspection, test, and/or certification of any scale used primarily for the purpose of measuring the weights of commercial motor vehicles is admissible in lieu of an expert witness in any court proceeding in which the scale accuracy is an issue. Such scale test report and certification of inspection is admissible in evidence without additional foundation, and shall not be subject to objection on grounds of hearsay, provided that such document is maintained in a manner consistent with subsection (d) of this rule. Any party may present evidence supporting or attacking the result of any such measurement of weight or the inspection, test and/or certification of any such scale.

(c) Continuance. The court at the time of the formal hearing shall hear testimony concerning the infraction and, if necessary, may continue the proceeding for the purpose of obtaining evidence concerning the scale accuracy and the certification or inspection thereof. If, at the time it is supplied, the evidence is insufficient, a motion to suppress the readings of such test shall be granted.

(d) Maintaining Certificates as Public Records. Any document of inspection, test and/or certification of any State scale as set forth in subsection (b) of this rule may be filed with the court and maintained by the court as a public record. The documents will be available for inspection by the public. Copies will be provided on request. The court may charge any allowable copying fees. The documents are available without a formal request for discovery. In the alternative, or in addition, such documents may be maintained on a web site established for that purpose by the Washington State Patrol. The court is entitled to take judicial notice of the fact that the document has been filed with the court or maintained on the web site. Evidence will not be suppressed merely because there is not a representative of the prosecuting authority present who actually offers the document.

[Effective April 11, 2013]

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