Chapter 10.16 RCW

PRELIMINARY HEARINGS

Sections

10.16.080Discharge of defendantFrivolous complaints.
10.16.100Abstract of costs forwarded with transcript.
10.16.110Statement of prosecuting attorney if no information filedCourt action.
10.16.145WitnessesRecognizances with sureties.
10.16.150Recognizances for minors.
10.16.160WitnessesFailure to furnish recognizanceCommitmentDepositionDischarge.

NOTES:

Magistrates: Chapter 2.20 RCW.
Municipal judges as magistrates: RCW 35.20.020, 35.20.250.


Discharge of defendantFrivolous complaints.

If it should appear upon the whole examination that no offense has been committed, or that there is not probable cause for charging the defendant with an offense, he or she shall be discharged, and if in the opinion of the magistrate, the complaint was malicious, or without probable cause, and there was no reasonable ground therefor, the costs shall be taxed against the party making the complaint.
[ 2010 c 8 § 1009; Code 1881 § 1925; 1873 p 395 § 223; 1854 p 107 § 31; RRS § 1954.]



Abstract of costs forwarded with transcript.

In all cases where any magistrate shall order a defendant to recognize for his or her appearance before a district or superior court, the magistrate shall forward with the papers in the case, an abstract of the costs that have accrued in the case, and such costs shall be subject to the final determination of the case.
[ 1987 c 202 § 163; Code 1881 § 1937; 1873 p 397 § 236; 1854 p 109 § 44; RRS § 1966.]

NOTES:

Intent1987 c 202: See note following RCW 2.04.190.



Statement of prosecuting attorney if no information filedCourt action.

It shall be the duty of the prosecuting attorney of the proper county to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination, as provided by law, touching the commission of any offense wherein the offender shall be committed to jail, or become recognized or held to bail; and if the prosecuting attorney shall determine in any such case that an information ought not to be filed, he or she shall make, subscribe, and file with the clerk of the court a statement in writing containing his or her reasons, in fact and in law, for not filing an information in such case, and such statement shall be filed at and during the session of court at which the offender shall be held for his or her appearance: PROVIDED, That in such case such court may examine such statement, together with the evidence filed in the case, and if upon such examination the court shall not be satisfied with such statement, the prosecuting attorney shall be directed by the court to file the proper information and bring the case to trial.
[ 2010 c 8 § 1010; 1890 p 102 § 6; RRS § 2053. Formerly RCW 10.16.110 and 10.16.120.]



WitnessesRecognizances with sureties.

If the magistrate shall be satisfied that there is good cause to believe that any such witness will not perform the condition of his or her recognizance unless other security be given, such magistrate may order the witness to enter into recognizance with such sureties as may be deemed necessary for his or her appearance at court.
[ 2010 c 8 § 1011; Code 1881 § 1930; 1873 p 396 § 229; 1854 p 108 § 37; RRS § 1960. Formerly codified in RCW 10.16.140, part.]

NOTES:

Rules of court: This section probably superseded by CrR 6.13. See comment after CrR 6.13.



Recognizances for minors.

When any minor is a material witness, any other person may be allowed to recognize for the appearance of such witness, or the magistrate may, in his or her discretion, take the recognizance of such minor in a sum not exceeding fifty dollars which shall be valid and binding in law, notwithstanding the disability of minority.

NOTES:

Rules of court: This section probably superseded by CrR 6.13. See comment after CrR 6.13.
Severability1973 1st ex.s. c 154: See note following RCW 2.12.030.



WitnessesFailure to furnish recognizanceCommitmentDepositionDischarge.

All witnesses required to recognize with or without sureties shall, if they refuse, be committed to the county jail by the magistrate, there to remain until they comply with such orders or be otherwise discharged according to law: PROVIDED, That when the magistrate is satisfied that any witness required to recognize with sureties is unable to comply with such order, the magistrate shall immediately take the deposition of such witness and discharge the witness from custody upon the witness' own recognizance. The testimony of the witness shall be reduced to writing by a district judge or some competent person under the judge's direction, and only the exact words of the witness shall be taken; the deposition, except the cross-examination, shall be in the narrative form, and upon the cross-examination the questions and answers shall be taken in full. The defendant must be present in person when the deposition is taken, and shall have an opportunity to cross-examine the witnesses; the defendant may make any objections to the admission of any part of the testimony, and all objections shall be noted by the district judge; but the district judge shall not decide as to the admissibility of the evidence, but shall take all the testimony offered by the witness. The deposition must be carefully read to the witness, and any corrections the witness may desire to make thereto shall be made in presence of the defendant by adding the same to the deposition as first taken; it must be signed by the witness, certified by the district judge, and transmitted to the clerk of the superior court, in the same manner as depositions in civil actions. And if the witness is not present when required to testify in the case, either before the grand jury or upon the trial in the superior court, the deposition shall be submitted to the judge of such superior court, upon the objections noted by the district judge, and such judge shall suppress so much of said deposition as such judge shall find to be inadmissible, and the remainder of the deposition may be read as evidence in the case, either before the grand jury or upon the trial in the court.

NOTES:

Rules of court: This section modified if not superseded by CrR 6.13. See comment after CrR 6.13.
Intent1987 c 202: See note following RCW 2.04.190.