Benton/Franklin Superior Court

		
		
                                                Local Criminal Rule 4.5
                                                   OMNIBUS HEARINGS

     (a)  When Heard.  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.

     (b)  General Provisions.  If there are any unresolved matters, they will be determined by the Court at the
hearing, or, upon good cause shown, they may be set for a further 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.  However, the matter of
suppression may be reserved at the first 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 the
Prosecuting Attorney, defense 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, and the waiver shall so state.

     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.

     (c)  Pleadings.  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 as soon as allowed under these rules, 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 to reflect the new hearing date.

[Adopted Effective April 1, 1986, Amended Effective September 1, 2011; September 1, 2018.]