RULE CrRLJ 3.3
                         TIME FOR TRIAL


    (a) General Provisions.

    (1) Responsibility of Court. It shall be the responsibility
of the court to ensure a trial in accordance with this rule to
each person charged with a crime.

    (2) Precedence Over Civil Cases. Criminal trials shall take
precedence over civil trials.

    (3) Definitions.  For purposes of this rule:

        (i) “Pending charge” means the charge for which the
allowable time for trial is being computed.

        (ii) “Related charge” means a charge based on the same
conduct as the pending charge that is ultimately filed in the
trial court.

        (iii) “Appearance” means the defendant’s physical
presence in the trial court.  Such presence constitutes
appearance only if (A) the prosecutor was notified of the
presence and (B) the presence is contemporaneously placed on the
record under the cause number of the pending charge.

        (iv) “Arraignment” means the date determined under CrRLJ 4.1(b).

        (v) “Detained in jail” means held in the custody of a
correctional facility pursuant to the pending charge.  Such
detention excludes any period in which a defendant is on electric
home monitoring, is being held in custody on an unrelated charge
or hold, or is serving a sentence of confinement.

        (vi) “Trial court” means the court where the pending
charge was filed.

    (4) Construction.  The allowable time for trial shall be
computed in accordance with this rule.  If a trial is timely
under the language of this rule but was delayed by circumstances
not addressed in this rule or CrRLJ 4.1, the pending charge shall
not be dismissed unless the defendant’s constitutional right to a
speedy trial was violated.

    (5) Related Charges.  The computation of the allowable time
for trial of a pending charge shall apply equally to related charges.

    (6) Reporting of Untimely Trials.  The court shall report to
the Administrative Office of the Courts, on a form determined by
that office, any case in which

        (i) the court dismissed a charge on a determination
pursuant to section (h) that the charge had not been brought to
trial within the time allowed by this rule, or

        (ii) the time limits would have been violated absent the
cure period authorized by section (g).

    (b) Time for Trial.

    (1) Defendant Detained in Jail.  A defendant who is detained
in jail shall be brought to trial within the longer of

        (i) 60 days after the commencement date specified in this
rule, or

        (ii) the time specified in subsection (b)(5).

    (2) Defendant Not Detained in Jail.  A defendant who is not
detained in jail shall be brought to trial within the longer of

        (i) 90 days after the commencement date specified in this
rule, or

        (ii) the time specified in subsection (b)(5).

    (3) Release of Defendant.  If a defendant is released from
jail before the 60-day time limit has expired, the limit shall be
extended to 90 days.

    (4) Return to Custody following Release.  If a defendant not
detained in jail at the time the trial date was set is
subsequently returned to custody on the same or related charge,
the 90-day limit shall continue to apply.  If the defendant is
detained in jail when trial is reset following a new commencement
date, the 60-day limit shall apply.

    (5) Allowable Time after Excluded Period.  If any period of
time is excluded pursuant to section (e), the allowable time for
trial shall not expire earlier than 30 days after the end of that
excluded period.

    (c) Commencement date.

    (1) Initial Commencement Date.  The initial commencement date
shall be the date of arraignment as determined under CrRLJ 4.1.

    (2) Resetting of commencement date.  On occurrence of one of
the following events, a new commencement date shall be
established, and the elapsed time shall be reset to zero.  If
more than one of these events occurs, the commencement date shall
be the latest of the dates specified in this subsection.

        (i) Waiver.  The filing of a written waiver of the
defendant’s rights under this rule signed by the defendant.  The
new commencement date shall be the date specified in the waiver,
which shall not be earlier than the date on which the waiver was
filed.  If no date is specified, the commencement date shall be
the date of the trial contemporaneously or subsequently set by
the court.

        (ii) Failure to Appear.  The failure of the defendant to
appear for any proceeding at which the defendant’s presence was
required.  The new commencement date shall be the date of the
defendant’s next appearance.

        (iii) New Trial.  The entry of an order granting a
mistrial or a new trial or allowing the defendant to withdraw a
plea of guilty.  The new commencement date shall be the date the
order is entered.

        (iv) Appellate Review or Stay.  The acceptance of review
or grant of a stay by an appellate court, or the issuance of a
writ of certiorari, mandamus, or prohibition.  The new
commencement date shall be the date of the defendant’s appearance
that next follows the receipt by the clerk of the trial court of
the mandate or written order terminating review or stay.

        (v) Collateral Proceeding.  The entry of an order
granting a new trial pursuant to a personal restraint proceeding,
a habeas corpus proceeding, or a motion to vacate judgment.  The
new commencement date shall be the date of the defendant’s
appearance that next follows either the expiration of the time to
appeal such order or the receipt by the clerk of the trial court
of notice of action terminating the collateral proceeding,
whichever comes later.

        (vi) Change of venue.  The entry of an order granting a
change of venue.  The new commencement date shall be the date of
the order.

        (vii) Disqualification of Counsel.  The disqualification
of the defense attorney or prosecuting attorney.  The new
commencement date shall be the date of the disqualification.

        (viii) Deferred Prosecution.  The filing of a motion for
deferred prosecution.  The new commencement date shall be the
date that an order is entered denying the motion or revoking the
deferred prosecution.

    (d) Trial Settings and Notice---Objections---Loss of Right to Object.

    (1) Initial Setting of Trial Date.  The court shall, within
15 days of the defendant's actual arraignment in the trial court
or at the pretrial hearing, set a date for trial which is within
the time limits prescribed by this rule and notify counsel for
each party of the date set. If a defendant is not represented by
counsel, the notice shall be given to the defendant and may be
mailed to the defendant's last known address. The notice shall
set forth the proper date of the defendant's arraignment and the
date set for trial.

    (2) Resetting of Trial Date.  When the court determines that
the trial date should be reset for any reason, including but not
limited to the applicability of a new commencement date pursuant
to subsection (c)(2) or a period of exclusion pursuant to section
(e), the court shall set a new date for trial which is within the
time limits prescribed and notify each party of the date set.

    (3) Objection to Trial Setting.  A party who objects to the
date set on the ground that it is not within the time limits
prescribed by this rule must, within 10 days after the notice is
mailed or otherwise given, move that the court set a trial date
within those time limits. Such motion shall be promptly noted for
hearing by the moving party in accordance with local procedures.
A party who fails, for any reason, to make such a motion shall
lose the right to object that a trial commenced on such a date,
is not within the time limits prescribed by this rule.

    (4) Loss of Right to Object. If a trial date is set outside
the time allowed by this rule, but the defendant lost the right
to object to that date pursuant to subsection (d)(3), that date
shall be treated as the last allowable date for trial, subject to
section (g).  A later trial date shall be timely only if the
commencement date is reset pursuant to subsection (c)(2) or there
is a subsequent excluded period pursuant to section (e) and
subsection (b)(5).

    (e) Excluded Periods. The following periods shall be excluded
in computing the time for trial:

    (1) Competency Proceedings.  All proceedings relating to the
competency of a defendant to stand trial on the pending charge,
beginning on the date when the competency examination is ordered
and terminating when the court enters a written order finding the
defendant to be competent.

    (2) Proceedings on Unrelated Charges.  Arraignment, pre-trial
proceedings, trial and sentencing on an unrelated charge.

    (3) Continuances. Delay granted by the court pursuant to
section (f).

    (4) Period between Dismissal and Filing.  The time between
the dismissal of a charge and the refiling of the same or related
charge.

    (5) Disposition of Related Charge.  The period between the
commencement of trial or the entry of a plea of guilty on one
charge and the defendant’s arraignment in the trial court on a
related charge.

    (6) Defendant Subject to Foreign or Federal Custody or
Conditions.  The time during which a defendant is detained in
jail or prison outside the county in which the defendant is
charged or in a federal jail or prison and the time during which
a defendant is subjected to conditions of release not imposed by
a court of the State of Washington.

    (7) Juvenile Proceedings.  All proceedings in juvenile court.

    (8) Unavoidable or unforeseen Circumstances.  Unavoidable or
unforeseen circumstances affecting the time for trial beyond the
control of the court or of the parties.  This exclusion also
applies to the cure period of section (g).

    (9) Disqualification of Judge.  A five-day period of time
commencing with the disqualification of the judge to whom the
case is assigned for trial.

    (f) Continuances. Continuances or other delays may be granted
as follows:

    (1) Written Agreement.  Upon written agreement of the parties
which must be signed by the defendant or all defendants, the
court may continue the trial to a specified date.

    (2) Motion by the Court or a Party.  On motion of the court
or a party, the court may continue the trial date to a specified
date when such continuance is required in the administration of
justice and the defendant will not be prejudiced in the
presentation of his or her defense. The motion must be filed
before time for trial has expired.  The court must state on the
record or in writing the reasons for the continuance.  The
bringing of such motion by or on behalf of any party waives that
party’s objection to the requested delay.

    (g) Cure Period.  The court may continue the case beyond the
limits specified in section (b) on motion of the court or a party
made within five days after the time for trial has expired.  Such
a continuance may be granted only once in the case upon a finding
on the record or in writing that the defendant will not be
substantially prejudiced in the presentation of his or her
defense.  The period of delay shall be for no more than 14 days
for a defendant detained in jail, or 28 days for a defendant not
detained in jail, from the date that the continuance is granted.
The court may direct the parties to remain in attendance or be on-
call for trial assignment during the cure period.

    (h) Dismissal With Prejudice. A charge not brought to trial
within the time limit determined under this rule shall be
dismissed with prejudice.  The State shall provide notice of
dismissal to the victim and at the court’s discretion shall allow
the victim to address the court regarding the impact of the
crime.  No case shall be dismissed for time-to-trial reasons
except as expressly required by this rule, a statute, or federal
constitution.


[Amended effective November 29, 1991; July 1, 1992; September 1, 1995;
September 1, 2003; November 25, 2003.]