Criminal Motions
Below is information on how to schedule Criminal Hearings. Click here for more information regarding criminal cases.
Criminal Miscellaneous Motions
Miscellaneous Motions Pending Cases
Types of motions:
Motion to modify conditions of release
Pre-Sentence motion for release of property
Pending diversion cases
Extensions of time to serve sentence or report to work release
Pre-Sentence Motion to Modify/Rescind Domestic Violence No Contact Orders
Motion for withdrawal of counsel
Restitution Hearing
Extradition
Motions shall be in writing and judge’s copies provided to Court Administration. Motions brought by a represented defendant, not their attorney, will be stricken unless it is a motion regarding the representation. Motions must comply with CrR 8.2.
Miscellaneous Motions After Sentencing
Types of motions:
Motions to forfeit/exonerate bail (TCPD/TCPO acknowledge these motions are pre-trial)
Motion to Waive or Reduce Interest on Legal Financial Obligations
Post-Sentence Motion to Modify/Rescind Domestic Violence No Contact Orders
Vacating/Sealing Records
Certificate of Discharge / Provisional Voting Rights
Relief from Offender Registration Requirements
Post-Sentence motion for release of property
Motions shall be in writing and judge’s copies provided to judicial assistant. Motions brought by a represented defendant, not their attorney, will be stricken unless it is a motion regarding the representation. Motions must comply with CrR 8.2.
Emergency or Expedited Hearings (Hearings set with less than 5 days’ notice)
To schedule a criminal matter without the standard notice period, appear at any criminal ex parte calendar with your motion, proposed order, and written approval by opposing counsel for an expedited hearing. Your motion should include the reason why this matter should be set without 5 days’ notice and the type of hearing you are requesting.
Evidentiary Hearings
Generally, testimony is taken and findings of fact are made by the court. Hearings include, but not limited to:
Sell hearings
Child hearsay
Contested noncompliance
Contested diversion revocation
Contested restitution hearing
Special Sex Offender Sentencing Alternative revocations
Special Set Criminal Hearing
A request for a special set hearing is made to a judge by filing motion and receiving an order granting special set. The motion and order may be presented ex parte or noted for hearing on the appropriate Criminal Miscellaneous Motions Calendar. Motion and Order for Special Set.docx
Once an order has been entered, the judicial assistant will work with the information provided in the order to set the hearing. The judicial assistant will contact the parties to schedule the hearing once a date has been selected,
After the date for the special set has been selected, then a document needs to be filed so that the Clerk’s Office can docket the hearing in Odyssey. If the hearing is set with more than five days’ notice, then a notice of hearing can be filed. If the hearing is set with less than five days’ notice, then an order setting a hearing is required.
Suppression Hearing (3.5/3.6)
At these hearings, testimony may or may not be taken. Court decides whether evidence is excluded from trial.