The CRIMINAL MOTION DOCKET (previously known as 3.5/3.6 docket) addresses certain types of criminal matters in Benton County on Friday mornings and in Franklin County on Wednesday afternoons. 

  1. Details.
    1. The docket in Benton County will be every Friday starting at 8:30 a.m. and ending no later than 12:00 p.m.
    2. The docket in Franklin County will be every Wednesday (beginning 1/1/2026) starting at 2:30 p.m. and ending no later than 4:00 p.m.
    3. The docket in Benton County consists of three sessions: 8:30 a.m. to 10:00 a.m.; 10:00 a.m. to 10:15 a.m.; and 10:30 a.m. to 12 p.m. 
    4. Two cases may be set for the 8:30 a.m. session with each case slotted for 45 minutes. 
    5. No party may set any hearing they have reason to believe may exceed the time limit for a case during a session.  Instead, the procedure outlined in the processes/procedures outlined under special sets must be followed. 
    6. The judicial officer presiding at the criminal motion docket has the discretion to exceed time limits: (1) for a case if there is no additional case set for that session; or (2) for a session if there is no case set for the following session.
  2. The Criminal Motion docket will be limited to the following matters:
    1. 3.5 and 3.6 hearings;
    2. Bail hearings that will exceed ten (10) minutes whether it is an initial hearing or a bail review hearing based on a change of circumstances;
    3. Knapstad motions;
    4. Motions to withdraw pleas;
    5. Lengthy sentencings;
    6. DOSA revocation hearings;
    7. Contested restitution hearings;
    8. Motions under Rule 8.3;
    9. Motions under CrR 7.4;
    10. Motions under CrR 7.5;
    11. Motions under CrR 7.8 that are not referred to the Court of Appeals;
    12. Motions for joinder, consolidation and severance under CrR 4.3, 4.3.1, and 4.4, respectively; 
    13. Other pre-trial and post judgment proceedings requiring testimony; and
    14. Matters determined by a judicial officer to be too lengthy to be heard on a regular docket when the name of the judicial officer is contained in the note for docket.
  3. Certain matters not allowed. No changes of plea, requests for continuance or similar hearings will be allowed on the Criminal Motion docket unless the party received prior authorization by a judicial officer which shall be noted on the note for docket.
  4. Briefing Required Prior to Hearing.
    1. Briefing by both parties must be done before a matter may be heard on the Criminal Motion Docket.
    2. Briefs and other documents (required by court rule/local court rule) must be uploaded to eMotion in accordance with LCcR 3.5 and LCcR 8.11
    3. However, counsel are encouraged to develop a process whereby all briefing for the motion/hearing is uploaded to eMotion at the same time as the note for docket is filed, served and uploaded to eMotion, so that scheduling issues can be identified and addressed as soon as possible.
  5. Witnesses at the 3.5/3.6 Hearing/Witness Lists. Any party who wishes to call witnesses must file a witness list with a brief, i.e. two to three sentence, synopsis of the anticipated testimony of each witness.  The witness list shall be filed and served along with the note for docket and briefing.  The witness list shall also be uploaded to eMotion by the deadlines applicable to briefing and other documents as detailed hereinabove. 
  6. Procedure for Scheduling a Hearing: Scheduling will not be announced on the regular criminal dockets.  Rather, scheduling a hearing will be accomplished by an unrepresented party or counsel for a party: (1) filing and serving, on opposing counsel or unrepresented party, a Note for Criminal Motion docket at least five (5) business days before the desired hearing; and (2) by filing and serving additional documents as required by Superior Court Criminal Rule CrR 8.2, Superior Court Civil Rule CR 7 and Superior Court Local Court Rules/Processes.  Out-of-custody defendants, or counsel authorized by CrR 3.4 or emergency court rules to sign for the defendant, shall sign the Note for Criminal Motion docket form to confirm notice of the hearing.
  7. Forms. Note for Criminal Motion docket forms have been created and are available in all courtrooms.  For additional forms, see:  https://www.courts.wa.gov/forms/
  8. Confirmation (to occur the week of the scheduled hearing as follows):
    1. Counsel or unrepresented party uses the following e-mail to confirm a matter on the Criminal Motion Docket during the allotted timeframes as follows:
      1. Benton County e-mail:  criminalconfirmations@co.benton.wa.us – confirm between 8 and 11 a.m. on Wednesday before the docket.
      2. Franklin county e-mail:  criminalconfirmations@franklincountywa.gov – confirm between 8 and 11 a.m. on Monday before the docket.  (Franklin County cases except for unrepresented "in-custody" defendants who may confirm by phone.) (Updated December 23, 2025)
    2. The first two to confirm for 8:30 am will go.
    3. The Judicial Assistant will work with the assigned judicial officer to add the time (on the docket) that the case will be heard.  The Judicial Assistant will forward that docket to the deputy clerks in the criminal department (for each county).
    4. The assigned criminal clerk (for each county) will post and distribute via email the final docket per normal standard operating procedure. 
  9. Notes for Criminal Motion Docket

If you need an Interpreter for your hearing, please CLICK HERE to Request an Interpreter and follow the directions.

[ Updated September 1, 2024; May 28, 2025; December 23, 2025; December 26, 2025]