CrRLJ 5.3: SEVERAL CHARGING DOCUMENTS FOR SAME OFFENSE--DIFFERENT COURTS

If two or more charging documents are filed against the same defendant for the same offense in different courts, and if each court has jurisdiction, the court in which the first charging document was filed shall try the case. Upon motion by either party, or the court, the second or several charging documents shall be forwarded for consolidation and trial to the court in which a charging document was first filed.

CrRLJ 5.2: CHANGE OF VENUE

(a) When Ordered--Improper District.

The court shall order a change of venue upon motion and showing that the action has not been prosecuted in the proper district.

(b) When Ordered--On Motion.

The court may order a change of venue to another district in the same county, if any, or otherwise to an adjacent district in another county if the defendant consents: (1) Upon written agreement of the prosecuting authority and the defendant; or (2) Upon motion of the defendant, supported by affidavit, that the defendant believes he or she cannot receive a fair trial in the district where the action is pending; or (3) Upon motion of either party that the convenience of witnesses or the ends of justice would be served by such change; or (4) Upon motion of either party or the court, to a district where a custodial facility is located, if the defendant is incarcerated therein and transporting the defendant is not practical. (5) Upon the courts own motion, if all of the judges of a district are disqualified from hearing the case. The court may also order a change of venue to the district in which the county seat is located, if the defendant consents.

(c) Procedure on Transfer.

When the court orders a change of venue it shall direct that all the papers and proceedings be certified to the court of the proper district. The defendant and subpoenaed witnesses shall have a continuing obligation to appear and attend as required.

CrRLJ 5.1: COMMENCEMENT OF ACTIONS

(a) Where Commenced Under Municipal Ordinance.

All actions alleging a violation of a municipal ordinance shall be commenced in the municipal court, in the municipal department of the district court where the municipality is located, or in a district court pursuant to an interlocal government agreement.

(b) Where Commenced Under Other Laws.

(1) All other actions shall be commenced in the district where the alleged offense was committed, or in any district wherein an element of the alleged offense was committed or occurred. (2) The action may also be brought: (i) in the district in which the county seat is located, if (a) the alleged offense is a felony, or (b) if the defendant consents; or (ii) in an adjacent district in the same county, if the alleged offense relates to driving, or being in actual physical control of a motor vehicle and occurred within an enhanced enforcement district under RCW 2.56.110 or any law amendatory thereof; or (iii) in a district where a custodial facility is located, if the defendant is incarcerated therein and transporting the defendant is not practical.

(c) Two or More Districts.

Where there is reasonable doubt whether an alleged offense has been committed in one of two or more districts, the action may be commenced in any such district.

(d) Right To Change.

When a case is filed pursuant to section (c) of this rule, the defendant shall have the right to change venue to any other district in which the offense may have been committed.

(e) Objection.

Any objection to venue must be made as soon after the initial pleading is filed as the defendant has knowledge upon which to make it.