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Wash. Infraction R. Cts. Ltd. Juris. 2.2

Initiation of Infraction Cases

activein force · 2006-01-03 – presentact-effective-date

(a) Generally. An infraction case is initiated by the issuance, service, and filing of a notice

of infraction in accordance with this rule. An infraction is issued on the date the infraction is

signed by the citing officer or prosecuting authority.

(b) Who May Issue. A notice of infraction may be issued, upon certification that the

issuer has probable cause to believe, and does believe, that a person has committed an infraction

contrary to law:

(1) By a citing officer. The infraction need not have been committed in the officer’s

presence, except as provided by statute;

(2) By the prosecuting authority.

(c) Service of Notice. A notice of infraction may be served either by:

(1) The citing officer serving the notice of infraction on the person named in the notice of

infraction at the time of issuance;

(2) The citing officer affixing to a vehicle in a conspicuous place the notice of a traffic

infraction if it alleges the violation of a parking, standing, or stopping statute; or

(3) The citing officer or the prosecuting authority filing the notice of infraction with the

court, in which case the court shall have the notice served either personally or by mail, postage

prepaid, on the person named in the notice of infraction at his or her address. If a notice of

infraction served by mail is returned to the court as undeliverable, the court shall issue a

summons.

(d) Filing of Notice. When a notice of infraction has been issued, the notice shall be filed

with a court having jurisdiction over the infraction or with a violations bureau subject to such

courts supervision. The notice must be filed within five (5) days of issuance of the notice,

excluding Saturdays, Sundays, and holidays. In the absence of good cause shown, a notice of

infraction not filed within the time limits of this section shall, upon motion, be dismissed with

prejudice.

History

[Adopted as JTIR effective January 1, 1981; Amended effective September 1, 1989. Changed from JTIR to IRLJ effective September 1, 1992; Amended effective September 1, 1997; September 1, 1999; Amended effective January 3, 2006.]

Provenance

Source
www.courts.wa.gov
Retrieved
2026-09-16
Edition
2026-09-16
Content hash
7f69a238cd43d479cc50943490016f6147265785a8dca7e895c8d6fe3de3aa55
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