Local Criminal Rule 4.5
OMNIBUS HEARINGS
In every criminal case (except appeals) an omnibus hearing date will be set
at the time of arraignment. Normally, it will be set for four (4) weeks from
the date of arraignment. At the time of the hearing, it will be expected that
defense counsel and Prosecuting Attorney will have already met and disposed of
all matters on the omnibus application that can be disposed of and that plea
bargaining will have been considered.
If there are any unresolved matters, they will be determined by the Court at
the hearing. If it is necessary to hold a suppression hearing, a date certain
will be set for such hearing at the time of the omnibus hearing. The defendant
shall be present at the omnibus hearing.
If there will be no pre-trial motions or hearings in a case, and all parties
agree that an omnibus hearing would not be beneficial, waiver of the hearing
may be requested by written stipulation which shall be signed by counsel and
defendant. Such a request constitutes an assurance that the case is ready for
trial on the date set and that all pre-trial matters have been disposed of.
All rulings of the Court at omnibus hearings or otherwise made in the
Criminal Motion Department shall be binding on the parties and shall not be re-
litigated at trial.
All briefs, declarations, affidavits, trial briefs, proposed jury
instructions, motions, proposed findings of fact and conclusions of law,
sentencing position statements, and pre-sentence investigation reports shall be
served and filed in the cause. Unless a party does not have access to a
computer or the internet, bench copies of all such documents shall be submitted
electronically via the internet at http://motion.co.franklin.wa.us/. Parties
without access to a computer and the internet shall deliver bench copies to the
Court administrator. All bench copies must be submitted not later than nine
(9:00) o'clock a.m., one (1) court day prior to the scheduled hearing,
proceeding or trial. No bench copies shall be submitted to the Court unless
prior thereto or simultaneously therewith a copy thereof has been served upon
or mailed to opposing counsel. All paper bench copies will be destroyed one
(1) week after the original date noted for hearing unless counsel requests
copies be returned with return postage arranged, or unless Court Administration
is advised of the new hearing date. When hearings are continued, the parties
shall amend the hearing date associated with all bench copies submitted electronically.
[Adopted Effective April 1, 1986, Amended September 1, 2011]
Click here to view in a PDF.
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |