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                        RAP 16.21
           CLERK'S CONFERENCE IN CAPITAL CASES


     (a) Application of Rule.  This rule applies only in
direct appeals in criminal cases.
     (b) Clerk's Conference.  Upon receipt of the notice of
appeal in a capital case by the Supreme Court, the clerk of
the court shall set a clerk's conference. The clerk of the
court shall give notice to the parties of the date, time,
and place of the conference; the name of the commissioner or
clerk who will conduct the conference; and the nature of the
issues to be discussed at the conference.  The convening of
a clerk's conference shall not stay the requirements
otherwise established by these rules.  The clerk may
continue a conference or convene another conference when
necessary to establish procedures in the case.
     (c) Attendance at Clerk's Conference.  The attorneys
for each party, if the notice requires it, shall attend the
clerk's conference on the date, time, and place specified in
the clerk's notice.  Those in attendance should be ready to
seriously consider the procedural issues attendant upon the
case, including, but not limited to, settlement of the
record, the briefing schedule, the page limitations for
briefs, oral argument, and other matters which may promote
the prompt and fair disposition of the appeal.
     (d) Clerk's Conference Order.  If, as a result of the
clerk's conference, the parties agree to various matters to
promote the prompt and fair disposition of the appeal, the
Court may enter an order consistent with that agreement.  If
the parties fail to agree on any issue, the court will
resolve the issues and enter an order.  The order is binding
on the parties during the review proceeding, unless the
court otherwise directs on its own initiative or on motion
of a party for good cause shown and on those terms the court
deems appropriate.
	

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