LCrRLJ 4.5
                              PRE-TRIAL PROCEDURE


    (A)  Pre-Trial Hearings.  All cases scheduled for jury trial shall be set by
the clerk for a pre-trial hearing.  The state or city prosecutor, defense
counsel and the defendant shall attend the pre-trial hearing to consider such
matters as will promote a fair and expeditious trial.  Upon agreement that the
discovery process has been completed to the satisfaction of the parties and
that there are no other issues to be heard by the court at the scheduled pre-
trial hearing, a stipulated pre-trial statement of readiness, substantially in
the form set forth as "Form 1" below, may be filed by the parties.  The filing
of a stipulated pre-trial statement of readiness will serve to excuse counsel
and the defendant from appearing at the scheduled pre-trial hearing.

    (B)  Motions.  All amendments to the charges, pleas or pre-trial motions
shall be made prior to or at the time of the pre-trial hearing.  Motions which
should have been heard at a pretrial hearing shall not be considered at the
time of trial unless the judge at the time of the pre-trial hearing expressly
continues such motions to the time of trial.   Absent good cause, motions for
dismissal or suppression of evidence in criminal cases shall be in writing and
shall be provided to the prosecutor or city attorney at least 24 hours before
the pre-trial hearing.  Motions which are lengthy, complex, or which require
the presence of witnesses will be heard by the court at
a subsequent 3.5/3.6 hearing calendar.

    (C)  CrRLJ 3.5 Hearings.   Pursuant to CrRLJ 3.5(a) all demands for hearing
on the admissibility of confessions must be made no later than the pre-trial
hearing.  All motions filed pursuant to this rule shall be heard by the court
at a subsequent 3.5/3.6 hearing calendar.

    (D) Deferred Prosecution - Time for Petition - Forms for Petition and Order.
A petition for deferred prosecution shall be filed with the court at least
seven days before the date set for trial but, upon written motion and affidavit
establishing good cause for the delay and failure to comply with this rule,
the court may waive this requirement subject to the defendant's reimbursement
to the court of the witness fees and expenses due for subpoenaed witnesses who
have appeared on the date set for trial.  The petition for deferred prosecution
shall substantially comply with CrRLJ 4.2(I).  The proposed findings and order
shall substantially comply with the form set forth as "Form 2" below.

    (E) Stays of Proceedings - Form of Order.  In the event the parties enter
into a stay of proceedings, the agreement between the parties shall be reduced
to writing in a form which substantially complies with the form set forth
as "Form 3" below.


[Adopted effective September 1, 2011]


                                   Comments

The purpose of these rules is to eliminate surprise and unnecessary delay and
expense.  While the purpose of these rules is not to create traps for the
unwary, when a party's failure to follow these rules causes unnecessary extra
expense to the opposing party, the inconvenienced party may apply to the court
for the imposition of sanctions.  The purpose of these sanctions is not to
punish but rather to insure that the appropriate party is responsible for the
predictable costs of unnecessary delay.

Comment to section (A): The stipulated pre-trial statement of readiness was
adopted by the court at the request of counsel who wanted to avoid the
necessity of clients appearing at unproductive pre-trial hearings.  Attorneys
are encouraged to use the pre-trial statement of readiness to avoid the
necessity of clients appearing when there are no pre-trial issues requiring his
or her presence.

Comment to section (B): The purpose of this section is to provide a predictable
structure to the pre-trial motions process and to insure that the non-moving
party has adequate time to prepare
for the hearing.  However, if counsel desire to avoid multiple hearings, the
parties may agree to present evidence and argue pre-trial motions at the
scheduled pre-trial hearing rather than following the procedure described by
this rule.

Comment to section (C): See the comments to section (B).

Comment to section (D): See RCW 10.05.010.

Comment to section (E): The stay of proceedings form set forth below is
generally consistent with the forms currently in use in the Upper Kittitas
County District Court.  In creating a uniform stay of proceedings form, it is not
the court's intention to suggest what conditions should be part of an agreement
between the parties.  For example, if an agreement between the parties in a specific
case does not include the defendant stipulating to the admissibility of the police
reports, or a stipulation that the reports are sufficient to convict, the court
expects the parties to line out that portion of the stay of proceedings form.