Motions
Motions
(See Criminal Rules 3.5 and 3.6) The following motions will be scheduled and heard Tuesday through Thursday at 8:30 a.m or 1:30 p.m. by the Criminal Division Presiding Judge (CDPJ):
- Any CrR 3.5 (confession procedure) motion
- Any CrR 3.6 (suppression hearings) motion
- Any CrR 4.4 (severance of offenses and defendants) motion
- Any CrR 4.7 (discovery)
- Any motion to dismiss (Knapstad or otherwise)
- Any dispositive motion
- Any motion expected to be more than 10 minutes in length
For More Information
For more information, please contact the Clerk of the Superior Court.
Exceptions
A hearing of less than one hour's duration regarding any of the above enumerated type motions may be heard on the day of trial. A trial will take precedence over any scheduled motion. Should counsel be confronted with a conflict in scheduling, she or he will immediately notify the CDPJ, through the Criminal Court Case Coordinator (CCCC), and reschedule the motion to an agreed upon date.
Procedures
Attorneys may obtain dates and times for the above motions from a Criminal Administration (CrA) staff member. A scheduling order will be generated at the time of scheduling for presentation to the court. Motion schedules will be presented to the CDPJ for approval.
On the date scheduled for the motion hearing, all parties will appear before the CDPJ for a docket call. The purpose of the docket call is to determine the readiness of the motion for hearing and assignment of a time certain for the hearing that day. The CDPJ will hear the scheduled motions in the order as determined at the docket call or assign the matter to an available judicial department. At the hearing, the parties may present evidence and supplemental written matters by leave of the court. If possible, the CDPJ will decide the motion the same day.
Responsibilities
Motions Pursuant to CrR 3.5
In accordance with CrR 3.6, any motion to suppress physical, oral or identification evidence, other than a motion pursuant to CrR 3.5, must be presented in writing supported by affidavit or document setting forth the facts and a memorandum of law in support. These papers must be presented to the CDPJ 14 days before the scheduled motion hearing. The CDPJ may order opposing counsel to file and serve a memorandum in opposition to the motion. Bench copies can be delivered to the (CCCC) in room 247 or CDPJ judicial assistant.
Determining Need for Evidentiary Hearing
The CDPJ will determine whether an evidentiary hearing is required based upon the moving papers. If no evidentiary hearing is required, the court will enter a written order setting forth the reasons and the parties will be so informed. Counsel will assume that unless otherwise notified, the scheduled hearing will take place.
Other Types of Motions
For all other types of motions, by the close of business hours on the Friday before the scheduled hearing the following week, the counsel will present to the CDPJ moving papers and response briefs necessary for the adjudication of the motion. At the time the motion is scheduled, counsel are expected to work out an agreed briefing schedule that will allow ample time for submission of all documents on the Friday before the scheduled hearing. If agreement cannot be reached, then the CDPJ's intervention should be sought.
What to Provide
At the time of scheduling the motion, counsel should provide to the CDPJ, through Criminal Administration, a realistic estimation of the time needed to hear the motion. The CDPJ and CCCC will use this estimation to determine whether or not the motion can be heard in CDPJ or needs to be assigned out to a department.
What Counsel Should Do Before a Motion Hearing
Moving Party & Responding Party
- File and serve moving papers according to the briefing schedule agreed to by counsel or set by the court.
- Papers filed on the day of the hearing, where there is no time for the opposing party to consider and respond, may be deemed untimely and may not be considered.
Both Attorneys
- Attorneys should subpoena witnesses, if needed.
- Attorneys should appear for motion docket call at the appropriate time and date.
- All counsel must appear at the scheduled motion proceeding and either proceed with the motion or discuss with the court further proceedings in the case.
- Court hears testimony and arguments and decides the motion(s) the same day, if possible.