The 3.5/3.6 dockets address certain types
of criminal matters in Benton County on Friday mornings and in Franklin County on Thursday mornings.
- The docket in Benton County will be every Friday starting at 8:30 a.m. and ending no later than 12:00 p.m.
- The docket in Franklin County will be every Thursday starting at 8:30 a.m. and ending no later than 12:00
- Each docket 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.
- Two cases may be set for the 8:30 a.m. session with each case slotted for
45 minutes. Only one case (requesting modification or termination of a no-contact order (NCO)) may be set at the 10:15 a.m. session with that case slotted for 15
minutes. Two cases may be set for the 10:30 a.m. session with each case slotted for 45 minutes.
- No party may set any hearing they have reason to believe may exceed the time limit for a
case during a session. Instead, effective September 1, 2021, for such hearings the party must follow the procedure outlined in LCR 4.5.1 to request a special
setting. As of September 1, 2021, Court Administration will not accept a request for a special set by telephone or e-mail.
- The judicial officer presiding at the 3.5/3.6 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.
- The 3.5/3.6 docket will be limited to the following
- 3.5 and 3.6 hearings;
- 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;
- 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 severance 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 docket when the name
of the judicial officer is contained in the note for docket.
- Certain matters not allowed: No changes of plea, requests for continuance or
similar hearings will be allowed on the 3.5/3.6 docket unless the party received prior authorization by a judicial officer which shall be noted on the note for docket.
- Briefing Required Prior to Hearing:
- Briefing by both parties must be done before a matter may be heard on a 3.5/3.6
- Briefs and other documents (required by court rule and/or local court rule) must be uploaded
to eMotion by 5:00 p.m. on the Wednesday of confirmation in Benton County and on the Tuesday 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 docket is filed, served and uploaded to eMotion, so that scheduling issues can be identified and addressed as
soon as possible.
- 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
- 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 3.5/3.6 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 Rule LCR 7. 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 3.5/3.6 Docket form to confirm notice of the hearing.
- Forms: Note for 3.5/3/6 Docket forms have been created
and are available in all courtrooms. For additional forms, see: https://www.courts.wa.gov/forms/
- Confirmation (to occur the week of the scheduled hearing as
- All Benton County cases must be confirmed by 12:00 p.m. on
Wednesday and all Franklin County cases must be confirmed by 12:00 p.m. Tuesday. Confirmation will only be done via email to firstname.lastname@example.org for Benton County cases and email@example.com for Franklin County cases except for unrepresented "in-custody" defendants who may confirm by phone.
(Those email addresses have been configured to automatically send copies to the appropriate deputy clerks, and court
- Confirmation will be open each Wednesday in Benton County from 9
a.m. to 12 p.m. and Tuesday in Franklin County from 9 a.m. to 12 p.m. 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 p.m. Wednesday in Benton County and by 2:00 p.m. Tuesday in Franklin County.
- 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
- 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 NCOs and uploading related court documents to eMotion.