IRLJ 3.5 Decisions on Written Statements in Washington Courts

What IRLJ 3.5 Actually Governs

IRLJ 3.5 is titled:

“Local Rule Options — Decisions on Written Statements.”

It governs when a court decides a mitigation or contested infraction case based entirely on written submissions, rather than holding a live hearing.

The rule does not govern live testimony.
It does not govern subpoena procedure.
It does not govern trial mechanics.

It governs written-statement determinations only.

IRLJ 3.5(1): Required Local Court Form

The rule requires each court to promulgate a written-statement form.

That form must:

Be available on the court’s website
Be provided upon request
Include blank space for the defendant’s written statement
Allow a defendant to attest to inability to pay
Explain how to submit evidence of inability to pay
Explain how to obtain a payment plan
Warn that failure to pay or enter a payment plan may result in collections, including wage or asset garnishment

For contested hearings decided on written statements, the form must include a statement that if the infraction is found committed, the defendant agrees to pay the monetary penalty authorized by law and assessed by the court.

For mitigation hearings decided on written statements, the form must include a statement that the defendant promises to pay the monetary penalty authorized by law or any reduced penalty set by the court.

The form must include a signature block with certification language consistent with GR 13, and notice that the defendant may sign consistent with GR 30.

That is the core of subsection (1).

IRLJ 3.5(2): Contested Hearing on Written Statements

If a contested hearing is decided on written statements:

The court examines the citing officer’s report.
The court reviews any statements or documents submitted by the defendant.
The examination may occur in chambers.
The decision must take place within 120 days after the defendant filed the response to the notice of infraction.
The plaintiff must prove the infraction was committed by a preponderance of the evidence submitted.

Nothing in this subsection provides for appeal.
Nothing in this subsection provides for live testimony.

It is a document-based determination.

IRLJ 3.5(3): Mitigation Hearing on Written Statements

If a mitigation hearing is decided on written statements:

The court may conduct the review in chambers.
The decision must occur within 120 days after the defendant filed the response.

Mitigation under written statements addresses penalty considerations, not factual innocence.

IRLJ 3.5(4): Written Notice of Decision

The court must notify the defendant in writing of:

The court’s decision
Any monetary penalty imposed

This reinforces that the entire process is document-driven.

IRLJ 3.5(5): No Appeal Permitted

The rule states plainly:

“There shall be no appeal from a decision on written statements.”

This is one of the most significant procedural consequences of electing a written-statement determination.

If a defendant chooses this process, the decision is final at the appellate level.

Practical Effect of IRLJ 3.5 Written Statements

IRLJ 3.5 creates a streamlined adjudication option.

It requires:

Standardized forms
Ability-to-pay disclosures
Payment-plan information
A 120-day decision window
Written notification
Finality (no appeal)

The rule is narrow.
It is procedural.
It governs document-based adjudication only.

Review our client resources here

About Blanford Law:

We are no-nonsense, relentless, fair, and honest. We are great listeners instead of fast talkers, that is just who we are. More than 20 years ago, Ken began practicing law with a deeply-seeded belief that every person has the right to the best legal representation available. He built his law firm on that belief. Another belief that he strongly adheres to is his fundamental belief that clients deserve respect, with no assumptions or preconceived notions. If you or someone you know is accused of a crime or injured as a result of the negligence of another, please have them call us at 253-720-9304 or email us info@blanfordlaw.com

Additional Resources

IRLJ 3.5 Written Statement Decisions
Explains how Washington courts decide infractions based solely on written statements and outlines the required court form and no-appeal rule.
https://blanfordlaw.com/irlj-3-5-written-statement/

IRLJ 3.4 Mitigation Hearing
Breaks down how mitigation hearings work in Washington courts and what defendants may present to reduce penalties.
https://blanfordlaw.com/irlj-3-4-mitigation-hearing/

IRLJ 2.06 Scheduling of Hearings
Describes how Washington courts schedule infraction hearings and the procedural timelines that apply.
https://blanfordlaw.com/irlj-2-06-scheduling-of-hearings/

IRLJ 3.1 Contested Hearing
Details the procedures and evidentiary standards governing contested infraction hearings in Washington.
https://blanfordlaw.com/irlj-3-1-contested-hearing/

IRLJ 6.5 Rules Superseded
Explains which prior rules are superseded under IRLJ 6.5 and how that impacts infraction proceedings.
https://blanfordlaw.com/irlj-6-5-rules-superseded/