1.3 Pre-Trial Hearings and Confirmation of Jury Trials (a) Pre-Trial and Trial Dates: All cases set for trial shall be assigned both a pre-trial hearing date and a trial date. The defendant, and the defendant's attorney if the defendant is represented, shall appear at the pre- trial hearing. The court will inquire whether the case is expected to go to trial, the number of witnesses to be called by each side and the anticipated length of trial, and if all motions, discovery and plea negotiations have been concluded. Any case confirmed for trial at the pre-trial hearing shall remain set for the assigned trial date. A defendant's failure to personally appear at the pre-trial hearing, as required herein, shall constitute a waiver of the defendant's speedy trial rights, and may result in a bench warrant for the defendant's arrest and forfeiture of any bail or bond. (b) Confirmation of Jury Trial Required: 2 days prior to the date of the assigned jury trial, the defendant, if not represented by an attorney, or the defendant's attorney if represented by legal counsel, and the City Prosecutor shall contact the Jury Confirmation Line at 360.363.8071 between 9:00 AM and 3:00 PM, and confirm that the case is going to proceed to jury trial or that another disposition has been reached. (c) Failure To Confirm: Failure of a party to confirm the jury trial or to advise the Court Clerk that another disposition has been reached may cause the case to be stricken from the jury trial calendar. Failure of the defendant, if appearing pro se, or the defendant's attorney if represented by counsel, to confirm the jury trial or to advise the court clerk that another disposition has been reached shall constitute a waiver of the defendant's speedy trial rights. Failure of the defendant to appear on the jury trial date may result in the issuance of a bench warrant for the defendant's arrest and forfeiture of any posted bail, unless it is confirmed by the City Prosecutor and defendant that a disposition is to be proposed to the court. Dispositions will be heard on the jury trial date, or on another date as the court may direct. (d) Costs and Sanctions: Any case confirmed for jury under this rule, and not proceeding to jury trial shall be subject to such sanctions, including but not limited to jury costs, witness fees and terms, as deemed appropriate by the court. (Amended effective 9-1-08)
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