RULE CrR 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 file in the
superior court.

        (iii) "Appearance" means the defendant's physical
presence in the adult division of the superior court where the
pending charge was filed.  Such presence constitutes appearance
only if (A) the prosecutor was notified of the presence and (B)
the presence is contemporaneously noted on the record under the
cause number of the pending charge.

        (iv) "Arraignment" means the date determined under CrR 4.1(b).

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

    (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 CrR 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 all related charges.

    (6) Reporting of Dismissals and 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 limit required 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 under 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 CrR 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 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.  The new commencement
date shall be the date of the defendant's appearance that next
follows the receipt by the clerk of the superior 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 petition, 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 superior 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.

    (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 superior court
or at the omnibus 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 counsel or party of the date set.

    (3) Objection to Trial Setting. A party who objects to the
date set upon 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 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 Refiling. 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 superior 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 state of Washington 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 date 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 made
before the 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 the
state or federal constitution.


[Amended effective May 21, 1976; November 17, 1978; August 1, 1980;
September 1, 1986; November 29, 1991; November 7, 1995;
September 1, 2000; September 1, 2001; September 1, 2003.]