Bellingham Municipal Court

		
		
                                    RULE 3
             TRIAL BY JURY/PRE-TRIAL CONFERENCE/READINESS HEARING


1)  In every criminal case in which the defendant pleads not guilty, the Clerk
    shall set a date for a  pre-trial conference.  The purpose of said conference
    is for presentation of motions, completion of plea bargaining, and to set a
    trial date and readiness hearing.  Discovery shall be provided to the party
    requesting same at least two (2) working days PRIOR TO said conference.  Unless
    the pre-trial conference is continued to another date or the case is resolved
    at the hearing, the Clerk will set a jury trial and readiness hearing.  If the
    right to jury trial is waived, however, the Clerk shall set a bench trial date
    and no readiness hearing is required.

2)  If the defendant fails to appear at the pre-trial conference without good
    cause, forfeiture of bail will be ordered and the Court will order a bench
    warrant for the arrest of the defendant.

3)  Within twenty-two (22) days prior to an assigned jury trial date there
    shall be held a readiness hearing.  At such hearing, it shall be mandatory
    that the prosecuting authority, the defense counsel, and the defendant be
    present.  At such hearing, the following matters will be concluded: 1) All
    plea bargaining, 2) Exchange of witness lists, 3) Providing of any discovery
    not previously exchanged at the pre-trial conference, and 4) Motions on legal
    issues arising subsequent to the pre-trial conference or on issues arising
    due to new evidence.

4)  At the readiness hearing, the parties will notify the Court that they are
    ready or not ready for trial.  If both parties state that they are ready for
    trial, the case will subsequently be tried by jury unless waived by the
    defendant, or concluded by a guilty plea, or a dismissal of the charge(s),
    except as provided in paragraphs (5), (6), and (7) below.

5)  If, after the readiness hearing, the defendant decides to plead guilty, the
    plaintiff moves to dismiss, or if either party seeks a continuance of the
    trial date, the parties shall notify the other party and the Chief Clerk, or
    designee, no later than noon on the court day prior to the scheduled jury
    trial nor later than noon on the Friday before the scheduled jury trial if
    the defendant is in custody.  The Chief Clerk shall then set the matter for a
    plea hearing or a     motion hearing on the afternoon calendar on the court
    day prior to the scheduled jury trial date, or on the jail calendar for the
    same date if the Defendant is in custody.

6)  A failure of the defendant to be present at the readiness hearing will
    result in the issuance of a bench warrant for failure to appear, forfeiture
    of bail, and the striking of the jury trial date.

7)  Final Confirmation Required:  After the readiness hearing, but no later
    than noon on the court day before the jury trial is scheduled to begin nor
    later than noon on the Friday before the jury trial is scheduled to begin if
    the defendant is in custody,  both parties shall notify the Chief Clerk, or
    designee, that the case is ready to proceed to trial.  If either party fails
    to confirm that the trial is ready to proceed by that time, the Chief Clerk,
    or designee, shall set the matter for a status conference on the afternoon
    calendar of the court day prior to the scheduled jury trial, or on the jail
    calendar for the same date if the defendant is in custody, and both parties
    shall appear for the status conference.  If either party fails to appear for
    the status conference, the jury trial date shall be stricken and a bench
    warrant may be issued.

8)  Any case confirmed for trial under paragraph (7) that does not proceed to
    trial may subject the culpable party/parties to such sanctions, including but
    not limited to, jury costs, witness fees and other terms, as deemed
    appropriate by the Judge/Commissioner.

9)  A bench warrant issued for failure to appear at a jury trial or status
    conference will not be quashed absent a clear and convincing showing of
    extraordinary circumstances that justify such a failure to appear.

10) If any attorney fails to appear for a scheduled conference, hearing, or
    trial, the Court may  assess costs and/or sanctions against the attorney.

11) The requirements of this rule can be waived only by the Judge/Commissioner.


Amended Effective September 1, 2008