Effective immediately, Benton Franklin
Counties Superior Court has expanded the 3.5/3.6 dockets to hear certain types of criminal matters in Benton County on Friday mornings and in Franklin County on Thursday mornings. A 3.5/3.6
Docket has been implemented in Franklin County. Two additional categories of matters will be heard on the 3.5/3.6 Dockets, namely, motions for joinder, consolidation and separation under CrR
4.3, 4.3.1, and 4.4, respectively; and matters determined by a judicial officer to be too lengthy to be heard on a regular docket.
- The docket in Benton County will be every Friday starting at 8:30 am and ending no later
than 12:00 pm.
- The docket in Franklin County will be every Thursday starting at 8:30 am and ending no
later than 12:00 pm.
- Subject to change based upon future developments and experience, there will initially be
three sessions: 8:30 am to 10:00 am; 10:00 to 10:15 am; and 10:30 am to 12 pm.
- Two cases will be called during the 8:30 session and two cases will be called during the
10:30 session. One case requesting modification or termination of a no contact order (NCO) may be set at 10:15 session.
- The docket will be limited to the following matters:
- 3.5 and 3.6 hearings;
- Knapstad motions;
- Motions to withdraw pleas;
- Lengthy sentencings;
- DOSA revocation hearings;
- Contested restitution hearings;
- Motions to modify or terminate NCO’s;
- Motions under Rule 8.3;
- Motions under CrR 7.4;
- Motions under CrR 7.5;
- Motions under CrR 7.8 that are not referred to the Court of
- Motions for joinder, consolidation and separation under CrR 4.3,
4.3.1, and 4.4, respectively;
- Other pre-trial and post
judgment proceedings requiring testimony; and
- Matters determined by a judicial officer to be too lengthy to be heard on a regular
- No changes of plea, requests for continuance or similar hearings will be allowed on the
3.5/3.6 docket unless authorized by a judicial officer.
- Briefing by both parties must be done before a matter may be scheduled on a 3.5/3.6
- Scheduling will not be announced on the regular criminal
dockets. Rather, scheduling will be accomplished by a party filing a Note for 3.5/3.6 Docket no later than 5 business days before the desired hearing. Out-of-custody defendants must sign
the Note for 3.5/3.6 Docket form so that there is proof that the defendant is aware of the hearing. Note for 3.5/3/6 Docket forms have been created and are available in all
- If a judicial officer decided that the matter is too lengthy to
be heard on a regular docket, the name of the judicial officer shall be stated on the Note for 3.5/3.6 Docket form.
- All cases must be confirmed by 12:00 pm on Wednesday of the week of the scheduled hearing
in Benton County and Tuesday of the week of the scheduled hearing in Franklin County. Confirmation will only be done via email to firstname.lastname@example.org for
Benton County cases and email@example.com for
Franklin County cases. (Those email addresses have been configured to automatically send copies to the appropriate deputy clerks, and court administration staff.) Confirmation will be open each
Wednesday in Benton County from 9 am to 12 pm and Tuesday in Franklin County from 9 am to 12 pm. The first two to confirm for 8:30 am will go, the first NCO to confirm for 10:15 am will go, and
the first two to confirm for 10:30 am will go. All others will be required to re-schedule, as stated above.
- The assigned criminal clerk will prepare and distribute via email the final list of
confirmed and unconfirmed cases (with the names of attorneys of record on the cases) to court administration by 2:00 pm Wednesday in Benton County and by 2:00 pm Tuesday in Franklin
- Briefs and other documents must be uploaded to eMotion by close of the day on the
Wednesday of confirmation in Benton County and Tuesday the of confirmation in Franklin County. 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 motion is generated, so that scheduling issues can be identified and addressed as soon as possible.
- Court administration will create sessions in Odyssey by the close of business two days
before the docket and will endeavor to assign a judge at that time. Court Administration will also e-mail the schedule of cases to be heard and the name of the assigned judge to the attorneys
for confirmed and unconfirmed cases and assigned judge.
- The prosecuting attorneys will be responsible to coordinate scheduling of hearings with
victims and persons requesting modification or termination of NCO’s and uploading pleadings to eMotion.