Post by watermarkfarm on Sept 22, 2008 10:20:04 GMT -8
From the WA courts database:
22 09-16-2008 ORCTD Ord For Continuance Of Trial Date 10-27-2008CT
16.1 TRIAL CONTINUANCE excerpt from: www.kingcounty.gov/courts/SuperiorCourt/~/media/courts/SuperiorCourt/Docs/Criminal_Manual_Version_1_0_Final.ashx
It is expected that trial will occur on the date set at the Case Scheduling Hearing and confirmed at the Omnibus Hearing and that the defendant(s) and witnesses will be available at the designated time.
It is the Criminal Department's goal to assign to trial as many cases as possible each day in an effort to assure trial date certainty and reduce the present backlog of criminal cases.
Once a trial date is confirmed, any change in the trial date will be granted, only upon motion, by the Chief Criminal Judge or the Chief RJC Judge, for good cause on the basis of unforeseen circumstances.
If a case has been assigned to a courtroom for trial and the judge believes a continuance may now be warranted, the case shall be immediately returned to Chief Criminal or Chief RJC Department for ruling on the motion. Continuance motions are not properly heard by the trial judge, except for cases that have been pre-assigned to a judge for pre-trial management.
Motions to continue trial of a pre-assigned case will be heard before the assigned judge.
Any motion for continuance of trial date shall be set upon five days notice to the opposing party, or shortened time with agreement of opposing counsel, or by order of the court.
16.2 CASE ASSIGNED TO TRIAL
At the trial call, the Chief Criminal Judge or Chief RJC Judge will ascertain whether counsel are ready and available for trial. The court should be advised at this time of any matters that will interfere with counsel’s availability during any portion of the trial day.
The Chief Criminal Judge or Chief RJC Judge shall then assign cases for trial the next day, or shall place cases on standby status to begin trial the next day as judges or counsel become available.
In assigning cases for trial, the court will endeavor to give priority to cases where time will expire, under the speedy trial rule, to in-custody defendants over out-of-custody defendants, to earlier-filed cases over later-filed cases and to cases involving interpreters.
Counsel can expect to be assigned to a judge as soon as a court and counsel are available.
If counsel or defendant are not ready to proceed when a case is assigned to a judge, the case shall immediately be returned to the Chief Criminal Department for reassignment and a case that is ready will be assigned to that court room.
Any motion to continue the trial date or motion for substitution of counsel shall be heard by the Chief Criminal or Chief RJC Judge.
At the conclusion of the call of the trial calendar, the staff shall advise by telephone and e-mail each trial court of its assignment for the next day, shall advise the jail of defendants who are required to appear in court, shall advise the office of interpreter services if an interpreter is needed, shall advise the jury room of anticipated jury trials and advise those private counsel not appearing for the call of the calendar.
In Seattle, when a case is assigned to a courtroom for trial, it shall also be assigned for a readiness hearing to address any late-developing issues regarding trial readiness. If an attorney anticipates the need for a recess in the trial, that matter shall be addressed at the readiness hearing.
22 09-16-2008 ORCTD Ord For Continuance Of Trial Date 10-27-2008CT
16.1 TRIAL CONTINUANCE excerpt from: www.kingcounty.gov/courts/SuperiorCourt/~/media/courts/SuperiorCourt/Docs/Criminal_Manual_Version_1_0_Final.ashx
It is expected that trial will occur on the date set at the Case Scheduling Hearing and confirmed at the Omnibus Hearing and that the defendant(s) and witnesses will be available at the designated time.
It is the Criminal Department's goal to assign to trial as many cases as possible each day in an effort to assure trial date certainty and reduce the present backlog of criminal cases.
Once a trial date is confirmed, any change in the trial date will be granted, only upon motion, by the Chief Criminal Judge or the Chief RJC Judge, for good cause on the basis of unforeseen circumstances.
If a case has been assigned to a courtroom for trial and the judge believes a continuance may now be warranted, the case shall be immediately returned to Chief Criminal or Chief RJC Department for ruling on the motion. Continuance motions are not properly heard by the trial judge, except for cases that have been pre-assigned to a judge for pre-trial management.
Motions to continue trial of a pre-assigned case will be heard before the assigned judge.
Any motion for continuance of trial date shall be set upon five days notice to the opposing party, or shortened time with agreement of opposing counsel, or by order of the court.
16.2 CASE ASSIGNED TO TRIAL
At the trial call, the Chief Criminal Judge or Chief RJC Judge will ascertain whether counsel are ready and available for trial. The court should be advised at this time of any matters that will interfere with counsel’s availability during any portion of the trial day.
The Chief Criminal Judge or Chief RJC Judge shall then assign cases for trial the next day, or shall place cases on standby status to begin trial the next day as judges or counsel become available.
In assigning cases for trial, the court will endeavor to give priority to cases where time will expire, under the speedy trial rule, to in-custody defendants over out-of-custody defendants, to earlier-filed cases over later-filed cases and to cases involving interpreters.
Counsel can expect to be assigned to a judge as soon as a court and counsel are available.
If counsel or defendant are not ready to proceed when a case is assigned to a judge, the case shall immediately be returned to the Chief Criminal Department for reassignment and a case that is ready will be assigned to that court room.
Any motion to continue the trial date or motion for substitution of counsel shall be heard by the Chief Criminal or Chief RJC Judge.
At the conclusion of the call of the trial calendar, the staff shall advise by telephone and e-mail each trial court of its assignment for the next day, shall advise the jail of defendants who are required to appear in court, shall advise the office of interpreter services if an interpreter is needed, shall advise the jury room of anticipated jury trials and advise those private counsel not appearing for the call of the calendar.
In Seattle, when a case is assigned to a courtroom for trial, it shall also be assigned for a readiness hearing to address any late-developing issues regarding trial readiness. If an attorney anticipates the need for a recess in the trial, that matter shall be addressed at the readiness hearing.
