1. Docket Operation.
    • Benton County - The Court will call the docket in numerical order with the following exception: at 9:00 a.m. (or as soon thereafter as it can be done) the Court will address all out-of-custody arraignment matters. For those defendants who have multiple matters before the Court, all of that defendant’s cases will be called together with the first case that appears numerically on the docket. If a matter is not ready to proceed when called, it will be either continued or stricken as the Court deems appropriate.
    • Franklin County - The Court will call, first, in-custody change of pleas and sentencing matters.  Next, the Court will call out-of-custody and sentencing matters.  The Court will then call the docket in numerical order with the following exception: at 9:00 a.m. (or as soon thereafter as it can be done) the Court will address all out-of-custody arraignment matters.  For those defendants who have multiple matters before the Court, all of that defendant's cases will be called together with the first case that appears numerically on the docket.  If a matter is not ready to proceed when called, it will be either continued or stricken as the Court deems appropriate.
  2. Arraignments. Defendants shall appear in-person for arraignments unless the Court finds good cause to waive that requirement, e.g. the defendant’s residence is out of state. See CrR 3.4 (b).
  3. Continuances/Waivers of Speedy Trial. Waivers of speedy trial, continuances at defense request and agreed continuances shall be memorialized in writing using the form provided by the court.
  4. Pre-Trial Setting. Pre-trials shall be set at least two weeks before trial, such that when a Joint Pre-Trial Report is filed, the Trial Readiness hearing will be set on the second Monday (for Benton County cases) after pre-trial and for the second Wednesday (for Franklin County cases) after pre-trial provided that such settings respect the rights of the parties as provided by law and/or court rule.
  5. Guilty Pleas and Sentencings. Defendants shall appear in-person for any change of plea and/or sentencing.
  6. 3.5/3.6 Hearings. The procedures detailed on the Court’s website (click HERE to review) and in Local Court Rule 3.5. 
  7. Disqualifications. If an affidavit of prejudice or notice of disqualification is or has been filed in a case against a judicial officer handling the criminal docket or 3.5/3.6 docket, the matter shall be continued one week for good cause unless the judicial officer advises the parties that a conflict judge is available. Parties may not request a conflict judge for a docket. Parties shall not contact Court Administration to determine if a conflict judge has been assigned. In the case of a critical stage hearing where continuance would affect a fundamental right of a party or person with an interest in the matter and provided the Court has notice thereof, the Court may vary this procedure.

Joint Pre-Trial Report (JPTR)

  1. Pre-Trial Hearing. The following shall be done before the initial Trial Readiness hearing is scheduled:
    • When discovery is completed and all pre-trial motions have been heard and resolved, the parties are then ready for trial. At that time, the parties shall provide a completed and signed Joint Pre-Trial to the Court at the pre-trial hearing on a criminal docket.
    • The Court shall review the JPTR and, if approved, the Court will sign the JPTR, advise the parties on the record of the date for the Trial Readiness hearing and enter the date on the first page of the JPTR.
    • Once approved, the JPTR shall be filed with the Clerk of the Court. On the same day as the pre-trial hearing, the deputy prosecuting attorney (DPA) on the case shall ensure a copy of the JPTR is e-mailed to: sccourtmanagement@co.benton.wa.us. The opposing counsel or unrepresented party (if out of custody) shall be included in the e-mail; if the unrepresented party is in custody, the DPA shall forward a copy of the e-mail and JPTR to the party in custody.
  2. Pre-Trial Motions. Except for motions in limine, all other pre-trial motions not required by law or court rule to be heard by the trial judge shall be resolved prior to entry of the JPTR.
  3. Trial Readiness Hearing. Each party shall complete a Trial Readiness Hearing Status Form and shall, no later than noon on the Wednesday five (5) court days before the next scheduled Trial Readiness hearing/docket, upload a bench copy of the same on eMotion. This form shall be filed with the Clerk. See the Court's website:  Trial Priority Docket for more instruction.
  4. Obligation to Check Trial Calendar. Court Administration has created and will maintain a publicly available Trial Calendar with all criminal trials set for the next six (6) weeks. Court Administration will endeavor to update the Trial Calendar no later than 5 p.m. every Monday, subject to change at the Court’s discretion. Parties have an obligation to check the Criminal Trial Calendar prior to the Trial Readiness hearing so that parties are ready to address the court regarding trial dates.
  5. Stand-By Trials. There will be times when the Court has the ability to place a trial on stand-by, meaning that the stand-by trial will proceed only in the event another scheduled trial concludes early or does not proceed as scheduled. The Court intends to set “qualifying” cases on stand-by status which means the parties will be ready to proceed with trial, either bench or jury, on the next available court day from when the parties are notified by Court Administration (which will be by noon each day) that their case will proceed to trial. “Qualifying” cases are cases that the Court determines have no need of a questionnaire, are scheduled to last up to four days, have no expert witnesses and have no out-of-state witnesses.
  6. Pick-and-Try and Pick-and-Send. The Court will also utilize pick-and-send and pick-and-try trials as resources are available. The Court will notify the parties at the time of Trial Readiness if their trial(s) are chosen for pick-and-send or pick-and- try.
  7. Trial Obligations. To be completed no later than two (2) court days prior to trial:
    • Trial Memorandum. The parties have discretion to file and serve a trial memorandum. If a party files a trial memorandum, a bench copy of the same must also be uploaded to eMotion no later than 4:00 p.m. on the Thursday before trial in Benton County and no later than 4:00 p.m. on the Monday before trial in Franklin County.
    •  Motions In Limine. Unless motions in limine are scheduled for a special set hearing before trial, motions in limine must be filed and a bench copy uploaded to eMotion no later than 4:00 p.m. on the Thursday before trial for Benton County cases, and 4:00 p.m. on the Monday before trial for Franklin County cases and will be argued at the commencement of trial.
    • Special Questionnaire (if applicable). The parties shall forward the agreed- upon special questionnaire in Word format by e-mail to the Judicial Assistant for BFCSC no later than 4:00 p.m. on the Thursday before trial in Benton County and no later than 4:00 p.m. on the Monday before trial in Franklin County.
  8. General Obligations of the Parties. Parties have an on-going responsibility to notify the Judicial Assistant by email as soon as it is known that a trial, which has previously been set at a Trial Readiness docket, will be stricken or moved for any reason as well as provide any other relevant updates which will impact the calling of a jury, e.g. an anticipated change of plea or unavailability of a witness, so that the Trial Calendar can be timely updated and other trials may proceed.
  9. Sanctions, Enforcement, and Non-Compliance Hearing. Failure to submit bench copies as required may subject the non-complying party and/or their attorney to a sanction of $200, paid to the Clerk of the Court. Payment shall be due within twenty (20) days of the order. A party or attorney may petition the Court for relief from sanctions, which shall be filed within the same twenty (20) day period and shall be noted for hearing. The Court may also continue the hearing, impose any other terms and enter other orders as may be appropriate.

[Updated September 1, 2024]