Rule 30 Criminal Cases

30.01 The rules of practice for civil case apply

The rules of practice for civil cases apply to all criminal procedures except where clearly inapplicable.

30.02 Scheduling in Criminal Cases

The Court shall assign a trial date at arraignment of the defendant. Pretrials in criminal cases may be held at the discretion of the Judge. Unless otherwise ordered, pretrial statements are not necessary for criminal pretrials. Unless otherwise ordered, the Defendant need not be present at pretrial.

30.03 Bail/Bond Forfeiture

Notice of bail forfeiture shall be sent by the Clerk to the defendant and to the surety in such form as may be approved from time to time by the Court. A Good Cause hearing shall be scheduled. The Defendant and surety may on or before the date of the hearing set forth good cause in affidavit form filed with the Clerk why judgment should not be entered against them. No oral hearing shall be had unless requested in writing and granted by the Judge. After judgment is entered against a defendant and surety, no surety shall be released nor shall any penalty be released or remitted, except on the filing of a written verified application filed with the Clerk setting forth in detail the reasons why a release or reduction should be granted. A copy of any post hearing motion for release or reduction shall be provided to the Assignment Commissioner for scheduling. The motion shall be set for non-oral hearing unless otherwise directed by the Judge.

30.04 Appointment of Counsel

Where necessary the Court shall appoint counsel who shall be remunerated for their services either under the contract with the State Public Defenders Office, or if appointment of that office is not possible due to conflict or the nature of the proceeding, then under a schedule as approved by the Washington County Commissioners.

30.05 Motions

All motions to suppress, motions to compel discovery and other pretrial motions shall be filed no later than seven days before trial, or at an earlier date of required by the Time Frame Order.

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