RULE 4.5 OMNIBUS HEARING (a) When Required. When a plea of not guilty is entered, the court shall set a time for an omnibus hearing. (b) Time. The time set for the omnibus hearing shall allow sufficient time for counsel to (i) initiate and complete discovery; (ii) conduct further investigation of the case, as needed; and (iii) continue plea discussions. (c) Checklist. At the omnibus hearing, the trial court on its own initiative, utilizing a checklist substantially in the form of the omnibus application by plaintiff and defendant (see section (h)) shall: (i) ensure that standards regarding provision of counsel have been complied with; (ii) ascertain whether the parties have completed discovery and, if not, make orders appropriate to expedite completion; (iii) make rulings on any motions, other requests then pending, and ascertain whether any additional motions, or requests will be made at the hearing or continued portions thereof; (iv) ascertain whether there are any procedural or constitutional issues which should be considered; (v) upon agreement of counsel, or upon a finding that the trial is likely to be protracted or otherwise unusually complicated, set a time for a pretrial conference; and (vi) permit defendant to change his plea. (d) Motions. All motions and other requests prior to trial should be reserved for and presented at the omnibus hearing unless the court otherwise directs. Failure to raise or give notice at the hearing of any error or issue of which the party concerned has knowledge may constitute waiver of such error or issue. Checklist forms substantially like the memorandum required by section (h) shall be made available by the court and utilized at the hearing to ensure that all requests, errors and issues are then considered. (e) Continuance. Any and all issues should be raised either by counsel or by the court without prior notice, and if appropriate, informally disposed of. If additional discovery, investigation or preparation, or evidentiary hearing, or formal presentation is necessary for a fair and orderly determination of any issue, the omnibus hearing should be continued from time to time until all matters raised are properly disposed of. (f) Record. A verbatim record (electronic, mechanical or otherwise), shall be made of all proceedings at the hearing. (g) Stipulations. Stipulations by any party shall be binding upon that party at trial unless set aside or modified by the court in the interests of justice. (h) Memorandum. At the conclusion of the hearing, a summary memorandum shall be made indicating disclosure made, rulings and orders of the court, stipulations, and any other matters determined or pending. Such summary memorandum shall be in substantially the following form: Copy Received Date Filed by Clerk SUPERIOR COURT OF WASHINGTON FOR (_______________) COUNTY THE STATE OF WASHINGTON, ) No. ______ Plaintiff, ) v. ) OMNIBUS APPLICATION _______________, ) BY PLAINTIFF Defendant. ) AND DEFENDANT Date ____________________. Notice to ______________________________________________________. Purpose: To prepare for trial or plea and to determine the extent of discovery to be granted to each party. I MOTION BY DEFENDANT Comes now the defendant and makes the applications or motions checked off below: 1. To dismiss for failure of the indictment (of information) to state an offense. Granted _____ Denied _____. 2. To sever defendant's case and for separate trial. 3. To sever counts and for a separate trial. 4. To make more definite and certain. 5. For discovery of all oral, written or recorded statements made by defendant to investigating officers or to third parties and in the possession of the plaintiff. 6. For discovery of the names and addresses of plaintiff's witnesses and their statements. 7. To inspect physical or documentary evidence in plaintiff's possession. 8. To suppress physical evidence in plaintiff's possession because of (1) illegal search, (2) illegal arrest. Hearing set for __________. 9. For a hearing under rule 3.5. 10. To suppress evidence of the identification of the defendant. 11. To take the deposition of witnesses. 12. To secure the appearance of a witness at trial or hearing. 13. To inquire into the conditions of pretrial release. Affirmed __________ Modified to __________. To Require the Prosecution 14. To state: (a) If there was an informer involved; (b) Whether he will be called as a witness at the trial; and, (c) To state the name and address of the informer or claim the privilege. 15. To disclose evidence in plaintiff's possession, favorable to defendant on the issue of guilt. 16. To disclose whether it will rely on prior acts or convictions of a similar nature for proof of knowledge or intent. 17. To advise whether any expert witness will be called, and if so, supply: (a) Name of witness, qualifications and subject of testimony; (b) Report. 18. To supply any reports or tests of physical or mental examinations in the control of the prosecution. 19. To supply any reports of scientific tests, experiments, or comparisons and other reports to experts in the control of the prosecution, pertaining to this case. 20. To permit inspection and copying of any books, papers, documents, photographs or tangible objects which the prosecution: (a) Obtained from or belonging to the defendant; or (b) Which will be used at the hearing or trial. 21. To supply any information known concerning a prior conviction of persons whom the prosecution intends to call as witnesses at the hearing or trial. 22. To inform the defendant of any information he has indicating entrapment of the defendant. Dated this _______ day of ____________________, 19____. ___________________________________ Attorney for Defendant II MOTION BY PLAINTIFF The plaintiff makes the application or motions checked: 1. Defendant to state the general nature of his defense. 2. Defendant to state whether or not he will rely on an alibi and, if so, to furnish a list of his alibi witnesses and their addresses. Granted _____ Denied _____. 3. Defendant to state whether or not he will rely on a defense of insanity at the time of the offense. (a) If so, defendant to supply the name(s) of his witness(es) on the issue, both lay and professional. (b) If so, defendant to permit the prosecution to inspect and copy all medical reports under his control or the control of his attorney. (c) Defendant will also state whether or not he will submit to a psychiatric examination by a doctor selected by the prosecution. 4. Defendant to furnish results of scientific tests, experiments or comparisons and the names of persons who conducted the tests. 5. Defendant to appear in a lineup. 6. Defendant to speak for voice identification by witnesses. 7. Defendant to be fingerprinted. 8. Defendant to pose for photographs (not involving a reenactment of the crime). 9. Defendant to try on articles of clothing. 10. Defendant to permit taking of specimens of material under fingernails. 11. Defendant to permit taking samples of blood, hair and other materials of his body which involve no unreasonable intrusion thereof. 12. Defendant to provide samples of his handwriting. 13. Defendant to submit to a physical external inspection of his body. 14. Defendant to state whether there is any claim of incompetency to stand trial. 15. For discovery of the names and addresses of defendant's witnesses and their statements. 16. To inspect physical or documentary evidence in defendant's possession. 17. To take the deposition(s) of witness(es). 18. To secure the appearance of a witness at trial or hearing. 19. Defendant to state whether his prior convictions will be stipulated or need be proved. 20. Defendant to state whether he will stipulate to the continuous chain of custody of evidence from acquisition to trial. Dated this _______ day of ____________________, 19____. _______________________________ Prosecuting Attorney It is so ordered this _______ day of ___________________, 19____. ___________________________________ Judge Comment Supersedes RCW 10.46.030 in part.
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