IN THE DISTRICT COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF BENTON. Plaintiff, Defendant.

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PRE-TRIAL ORDER - 1 7122 W. OKANOGAN PLACE KENNEWICK, WA 99336 509-735-8476 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

IN THE DISTRICT COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF BENTON

__________________________, Plaintiff, vs. _________________________, Defendant. NO. JOINT PRE-TRIAL

STIPULATIONS AND ORDER

The above matter is set for a jury/non-jury trial on the ____ day of ____________, 2021. The Parties have conferred and represent and stipulate as follows:

I. STIPULATIONS

1. All prosecution witnesses listed below are available to testify (name or initials). ________________

________________

2. All defense witnesses are available to testify (name or initials). ________________

________________

3. The failure to list a witness above shall be grounds for exclusion. 4. Purely rebuttal witnesses are not required to be listed.

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a. ____ All witnesses will testify in person.

b. ____ It is stipulated that the parties listed below will testify remotely. _______________

_______________

c. ____ A hearing is required to resolve a dispute regarding remote testimony. 6. Counsel has conferred with each witness regarding appropriate social distancing and

addressed any witness concerns regarding the manner in which they testify.

7. Witnesses will testify from the witness stand (check appropriate box) ___ with a mask; or ____ without a mask via a remote location at the courthouse via WebEx.

a. Witnesses in person: _______________ _______________ b. Witnesses via WebEx:

_______________ _______________

8. Evidence will be handled as follows (check appropriate box):

a. ____ A complete set of all exhibits shall be bound and prepared for the judge, clerk, opposing counsel, each witness and all jurors; or

b. ____ A complete set of bound exhibits shall be provided to opposing counsel and the witness. The parties have made arrangements for publishing exhibits to the jury by projecting all exhibits on a screen or monitor; or

c. ____ Other:

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PRE-TRIAL ORDER - 3 7122 W. OKANOGAN PLACE KENNEWICK, WA 99336 509-735-8476 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ________________________________________________________. 9. Each party’s Exhibit List is attached.

10. The Parties stipulate to the admissibility of the following exhibits:_________.

11. The Parties have conferred with the Court Staff and their technology for visual display of exhibits is compatible with all courtroom devices.

12. Voir Dire (check appropriate box):

a. ____ Jury selection shall be conducted in a normal manner with the jury venire seated in the area designated for the public, wearing masks, with 6’ social distancing.

b. ____ (Other): __________________________________________________. 13. Remote trial etiquette. Those who testify remotely and off-site have been counseled

on the following:

a. Appropriate background for remote appearance has been discussed to include: testimony will occur from any area with a solid light colored background; backgrounds will not include personal photos or information, political information; any diplomas, certificates, or displays that would appear to be an endorsement of the witnesses’ character; and family photos.

b. Counsel has pre-tested their witnesses’ remote capability and certify their witnesses have appropriate remote capabilities to both hear the proceedings occurring in court and can be heard without distortion form their remote location.

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d. Arrangements or procedures have been made for either attorney to confer with a remote witness. For example, if a motion in limine is granted on a certain subject matter, the witness will be advised of such a ruling.

e. Any remote witness will be advised that precautions must be made to prevent background noise from within their home, office, or remote location.

14. Other: _____________________________________________________________. II. PROCEDURAL HISTORY OF THE CASE

1. Commencement Date (check appropriate box):

a. ____ The parties agree that the original commencement date (Actual or Constructive Arraignment) in this matter is: _____________.

b. ____ The parties do not agree [Each party must identify basis for assertion]: State’s asserted original commencement date: __________________. Defendant’s asserted original commencement date: ______________. This matter has, as of the date of submission of this form, been pending for ____ days following the Defendant’s initial appearance on the charge[s].

2. Current Speedy Trial Expiration:

a. ____ The parties agree (without waiving any prior objections thereto) that, based on Court Rules, Emergency Orders (both Supreme Court and Local Superior Court) and prior findings by this Court, the last day remaining in the time for trial in this matter is ___________.

b. ____ The parties do not agree [Each party must identify basis for assertion]: State’s asserted expiration date: __________________.

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3. Custody Status Of The Defendant:

The Defendant, as of the date of submission of this form, currently is [in custody / out of custody].

a. ____ During the pendency of this matter, the parties agree that the Defendant has been held in custody on this matter for ________ days.

b. ____ The parties do not agree [Each party must identify basis for assertion]: State’s calculation of time in custody: __________________.

Defendant’s calculation of time in custody: ______________. 4. Non-Appearance/Absence Of The Defendant:

a. ____ The parties agree (without waiving any prior objections thereto) that, during the pendency of this matter, the Court found on ____ occasions that the Defendant had failed to appear for hearings. Those dates are as follows [list each by month/day/year] _____________________________.

b.____ The parties do not agree [Each party must identify basis for assertion]: State’s asserted number of Court findings of failure to appear _____, and corresponding dates __________________________________________. Defendant’s asserted number of Court findings of failure to appear _____, and corresponding dates _______________________________________.

c. ____ The parties agree (without waiving any prior objections thereto) that, during the pendency of this matter, as a result of a Court finding that the Defendant had failed to appear for hearings, the Defendant was considered to be absent from the proceedings for a total of ____ days. Those dates are as

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follows [list each as month/day/year to month/day/year] _____________________________________.

d. ____ The parties do not agree [Each party must identify basis for assertion]: State’s asserted number of Court findings of failure to appear _____, and corresponding dates __________________________________________. Defendant’s asserted number of Court findings of failure to appear _____, and corresponding dates _______________________________________.

5. Parties’ Past Assertions Of Readiness To Proceed During Excluded Period:

a. The State asserts that it has, on ____ occasions prior to February 1, 2021, stated at pretrial hearing that it was, but for the unavailability of a jury trial, ready to proceed to trial, those dates are as follows [list each by month/day/year]: ________________.

b. The Defendant asserts that s/he has, on ____ occasions prior to February 1, 2021, stated at pretrial hearing that it was, but for the unavailability of a jury trial, ready to proceed to trial, those dates are as follows [list each by month/day/year]: _________.

6. Parties’ Exercise Of Right To Jury Trial:

III. CONTESTED PRE-TRIAL ISSUES 1. ____ No pre-trial brief or argument is required.

2. ____ Pre-trial briefs will be submitted on the following issues:

c. _________________________________________________________. d. _________________________________________________________. 3. Other: _________________________________________________________.

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PRE-TRIAL ORDER - 7 7122 W. OKANOGAN PLACE KENNEWICK, WA 99336 509-735-8476 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

4. Contested matters shall be heard the ____ day of ______________, 2021 at ________ am/pm.

5. A Pre-trial hearing shall be held on the _____ day of ______________, 2021 for entry of this order, setting of any required pre-trial motions, and to confirm the trial date.

SUBMITTED this ____ day of ________________, 2021.

_____________________________ _____________________________ Attorney for Plaintiff Attorney for Defendant

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