CAUSE NO.______
SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR BENTON AND FRANKLIN COUNTIES
STATE OF WASHINGTON, / )Plaintiff, / )
vs. / ) / Case No.
)
DOB: / ) /
ORDER ON OMNIBUS HEARING (OOR)
) / CHARGE:, / )
Defendant. / )
) / Omnibus Hearing Date:
THIS MATTER having come before the court for an Omnibus Hearing, with the State being represented by:______, and the defendant being represented by:______.
1. Regarding the PROSECUTOR’S OBLIGATIONS, THE DEPUTY PROSECUTING ATTORNEY STATES that at least fourteen days prior to this order:
The Prosecutor provided to defendant a complete list of the defendant’s criminal convictions.
The Prosecutor has provided to defense all discovery in their possession or control, pursuant to CR 4.7(a);
The Prosecutor has contacted law enforcement agencies to request and/or obtain any additional supplemental police reports, forensic test, and evidence and has made them available to defendant or defense counsel. The State is aware of the following reports, tests or evidence which has not been made available to defendant: ______
______
Prosecutor has reviewed the discovery and criminal history and made an offer to the defense. If the prosecutor has not checked every box in this section, the court makes the following order:
______
2. Regarding DEFENSE ATTORNEY’S OBLIGATIONS, DEFENSE COUNSEL STATES that prior to this order:
Defense attorney has met with the defendant about this case and fully discussed it.
Defense attorney has received a plea offer from the State.
Defense attorney has conveyed State’s offer to the defendant.
Defense attorney has given discovery to prosecutor.
Defense attorney states that continuous chain of custody of evidence
Is stipulated. Must be proved.
If defense attorney has not checked every box in this section, the court makes the following order:
______
______
3. Regarding DUTY TO CONFER. BOTH PROSECUTOR AND DEFENSE state that at least two (2) days prior to the omnibus date:
They have met and conferred about all open Omnibus items
Have worked in good faith to resolve all omnibus issues, including plea negotiations.
4. Regarding DISCOVERY: The parties agree that Discovery is COMPLETE NOT COMPLETE IN THE FOLLOWING RESPECTS:
______
______
Interviews of following witnesses:______
______
DISCOVERY must be completed by:______
5. Regarding GENERAL NATURE OF DEFENSE: The Defense state that the general nature of the defense is: General Denial Consent Alibi Diminished Capacity
Insanity Self-Defenses
Other (specify):______
6. Regarding CUSTODIAL STATEMENTS by defendant, the parties agree that:
No custodial statements will be offered in the State’s case in chief, or in rebuttal.
The statements of defendant will be offered in the State’s case in rebuttal only.
The statements referred to in the State’s discovery will be offered and;
May be admitted into evidence without a pre-trial hearing, by stipulation of the parties.
A 3.5 conference is required and is estimated to require _____(min/hr) and is set for:
______.
7. Regarding physical or documentary evidence in the defendant’s possession that they intend to use at trial, the parties agree that:
No physical or documentary evidence is in the defendant’s possession.
The defendant has provided the State with such physical or documentary evidence.
The defendant will provide the State with such physical or documentary evidence by
______.
8. Regarding the defendant’s possession of results of scientific tests, experiments or comparisons that they intend to use at trial, and the names of person who conducted the tests, the parties agree that:
The defendant has not had any scientific tests, experiements or comparisons done.
The defendant has provided the State with the results of scientific tests, experiments or comparisons and the names of the person(s) who conducted the tests.
The defendant will provide the State with the results of scientific tests, experiments or comparisons and the names of the person(s) who conducted the tests by ______.
9. Regarding PRIOR CRIMINAL CONVICTIONS OF THE DEFENDANT, the parties agree that if defendant testifies at trial:
The prior record of convictions contained in the State’s discovery will will not be stipulated to by the defendant with the following exceptions:
______
______
There are no prior known convictions at this time. State will advise defendant promptly if it learns of prior convictions.
10. Regarding SUPRESSION OF PHYSICAL EVIDENCE OR IDENTIFICATION, the parties agree that: Or, THE COURT ORDERS THAT:
Defendant’s written motion to suppress shall be filed by______. The State’s Response shall be filed by ______.
Testimony will be required.
will not be required.
11. Regarding OTHER PRE-TRIAL MOTIONS: No additional motions are anticipated, except:
______. Briefing schedule: Affidavits and briefs of the moving party must be served and filed by:______. Responsive Brief must be served and filed by:______. The hearing will last about ______min/hr.
12. Regarding TRIAL:
- The trial will be jury non-jury, and will last about ______days.
- Is an interpreter needed: Yes No. Language:______. If an interpreter is needed, Counsel needing the interpreter services will advise the Court Administrator’s office at least 7 days prior to the trial.
13. Regarding WITNESSES:
There will be out-of-state witnesses: Yes No.
A child competency or child hearsay hearing is needed: Yes No
STATE:
All witnesses have been disclosed.
A witness list has been filed.
A witness list must be filed by:______.
DEFENSE:
All witnesses have been disclosed.
A witness list has been filed.
A witness list must be filed by:______.
This requirement includes that both the State and the Defense provide the names and addresses of those persons a party intends to call as a witness, together with any written or recorded statements and the substance of any oral statement s of such witnesses.
14. The Court sets a Status Conference for ______(date) for the purpose of:
______
15. Other:______
______
Dated this___day of______, 20___.
______
SUPERIOR COURT JUDGE
______
Attorney for Defendant, WSBA#______Prosecuting Attorney, WSBA#______
ORDER ON OMNIBUS HEARING - 1 –
Rev: 06/05/2014