RULE NO. 16
CRIMINAL JURY TRIAL
A. VOIR DIRE, Jury Instructions: The court may request that each party
submit proposed general voir dire questions and jury instructions no later
than seven (7) days prior to the date set for jury trial. Jury selection
shall be by the struck jury method, unless otherwise ordered by the court.
One original set of jury instructions without citation to Washington
Pattern Jury Instructions or case law shall be submitted to the court along
with one set with citations no later than the beginning of the trial. A
copy of the set with citations shall be served upon opposing counsel at the
same time jury instructions are filed with the court.
B. WITNESS, Present in Court: All witnesses to be called for a trial
shall be excluded from the courtroom until they are called upon to testify,
unless leave of the court is given for the person to remain. A person who
has testified as a witness shall not remain in the courtroom following his
or her testimony where there is a substantial likelihood that the person
will be called again to testify in the same cause. Pursuant to ER 615, this
rule does not authorize exclusion of (1) a party who is a natural person,
or (2) an officer or employee of a party which is not a natural person
designated as its representative by its attorney.
C. WAIVER of Jury Trial: A defendant may expressly waive his or her
right to a jury trial at any time prior to a jury being impaneled. If the
waiver occurs after 9:00 a.m., two (2) court days prior to the date set for
trial, the court may order costs to be imposed. Once such a waiver has been
made, a defendant has until the pretrial conference to change his or her
mind and request a jury trial. However, if no pretrial is held in the case,
a defendant has until thirty (30) days before the trial date to request the
withdrawal of his or her waiver and the scheduling of a jury trial. Any
motion for the withdrawal of a waiver of jury trial made after the
appropriate time limit set by this rule shall be in writing and the court
shall have discretion to grant or deny the motion.
D. CONFIRMATION of Jury Trial: The defendant must contact the Calendar
Coordinator no later than the date and time set by notice, to confirm the
jury trial. Failure to so notify the court will result in the jury being
stricken and will be considered good cause for continuance. The court may
assess terms if deemed appropriate.
E. WITNESS, Subpoenas, Costs: Where prospective witnesses who will be
compelled to appear by subpoena outside the boundaries of Thurston County,
leave of the court to issue a subpoena shall be obtained; request for leave
must be obtained from the court no later than ten (10) days prior to the
date set for trial. If leave is not obtained or the request for leave is
not timely made, then the party issuing the subpoena shall be responsible
for all costs associated with the appearance of the person subject to the
subpoena unless good cause is shown.
F. WITNESS LIST: Each party shall provide to the other party a list of
prospective witnesses to be called at trial no later than two (2) weeks
prior to the scheduled date of trial. The list shall include the name,
address and telephone number of each prospective witness, excluding the
defendant.
G. SUBPOENA, Issuance: Either party may issue subpoenas to compel
attendance of a witness at trial in the same manner as set forth in CRRLJ
4.8.
(Effective Date: 01/07/87; Amended 09/01/91)
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