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.