Wash. Crim. R. Cts. Ltd. Juris. 7.4

(a) Arrest of Judgment. Judgment may be arrested on the motion of the defendant for the

following causes: (1) lack of jurisdiction of the person or offense; (2) the complaint or citation

and notice does not charge a crime; or (3) insufficiency of the proof of a material element of the

crime.

(b) Time for Motion; Contents of Motion. A motion for arrest of judgment must be

served and filed within 10 days after the verdict or decision. The court on application of the

defendant or on its own motion may in its discretion extend the time until such time as judgment

is entered.

The motion for arrest of judgment shall identify the specific reasons in fact and law for

each ground on which the motion is based.

(c) New Charges After Arrest of Judgment. When judgment is arrested and there is

reasonable ground to believe that the defendant can be convicted of an offense properly charged,

the court may order the defendant to be recommitted or released to answer a new complaint or

citation and notice. If judgment was arrested because there was no proof of a material element of

the crime the defendant shall be discharged.

(d) Rulings on Alternative Motions in Arrest of Judgment or for a New Trial.

Whenever a motion in arrest of a judgment and, in the alternative, for a new trial is filed and

submitted in any criminal cause tried before a jury, and the court enters an order granting the

motion in arrest of judgment, the court shall, at the same time, in the alternative, pass upon and

decide in the same order the motion for a new trial. The ruling upon the motion for a new trial

shall not become effective unless and until the order granting the motion in arrest of judgment is

reversed, vacated, or set aside in the manner provided by law.