Serving the citizens of King County
a) At any time prior to trial, the parties may move for entry of a Stipulated Order of Continuance (hereinafter “SOC”).
b) Unless waived by the Court upon motion of the parties, each and every SOC shall be signed by the defendant, his or her attorney of record, and the prosecuting attorney.
c) At a minimum each SOC form shall include the following:
(1) A clear statement that the defendant, by entering into a SOC, agrees to the facts in the police report and/or other documents in the event that the conditions of the SOC are not met.
(2) A clear statement that the police report currently contained in the court file or attached to the SOC as an exhibit, or other specified documents, shall be deemed admissible at trial.
(3) A clear statement that the police report and/or other documents shall be submitted to the court and may be marked as exhibits, but will not be admitted into evidence unless the case proceeds to trial.
(4) A clear statement that the parties agree that in the event that the conditions of the SOC are not met, the evidence at trial shall be limited to the police report currently contained in the court file or attached to the SOC as an exhibit and/or other specified documents submitted to the court at the time that the SOC is approved.
(5) A clear statement that all parties, by entering into an SOC, waive their constitutional right to a jury trial, their right to hear and question witnesses, their right to call witnesses, and the defendant’s right to testify or not to testify.
(6) A clear statement of the period of continuance, which shall be no more than 2 years.
(7) A clear statement that the defendant, by entering into a SOC, is waiving his right to a speedy trial for the duration of the SOC, and that the new commencement date for speedy trial purposes is the last day of the period of continuance.
(8) A clear statement of each and every condition of the SOC, each condition being set forth in a separate paragraph.
(9) A clear statement of the outcome of the case if all conditions of the SOC are met.
(10) A clear statement acknowledging the requirement that the defendant will report to and be supervised by [ ] KCDC probation services or [ ] Bellevue probation services or [ ] probation monitoring, and will pay probation fees accordingly, provided that if this condition is specifically waived there must be a clear statement of that fact and the reasons therefore.
(11) A clear statement that the defendant fully understands that in case of non-compliance, a warrant for his or her arrest may issue, and that the likely result of non-compliance will be a conviction for the crime charged and imposition of up to the maximum penalties allowed by law.
(12) A clear statement of the elements of the offense(s) that must be proven in order to convict the defendant.
(13) A clear statement of the maximum penalties allowed by law, any mandatory minimum penalties and/or any other applicable restrictions/requirements under the law.
(14) A clear statement advising the defendant that if he or she is not a citizen of the United States, any finding of guilt to any offense punishable as a crime under state law is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.
(15) A clear statement that the defendant agrees that his or her decision to enter the SOC is made freely, knowingly, intelligently and voluntarily; that no one has threatened harm of any kind to the defendant or to any other person to cause the defendant to enter into the SOC, and that no one has made any promises of any kind, except those contained in the SOC agreement, to cause the defendant to enter into the SOC.
(16) A clear statement that the defendant has done one or more of the following: (a) read the SOC in its entirety and/or (b) has had the SOC read to him or her in its entirety by someone else (if that person is an interpreter the interpreter shall submit the appropriate declaration with the SOC).
(17) No SOC shall be effective until approved by the Court.
{Adopted effective January 1, 2000; amended effective September 1, 2001; September 1, 2008.}