Rule 3.6 – Suppression Hearings-Duty of Court

May 14, 2021 | Criminal Procedure, Washington

(a)Pleadings. Motions to suppress physical, oral or identification evidence, other than motion pursuant to rule 3.5, shall be in writing supported by an affidavit or document setting forth the facts the moving party anticipates will be elicited at a hearing, and a memorandum of authorities in support of the motion. Opposing counsel may be ordered to serve and file a memorandum of authorities in opposition to the motion. The court shall determine whether an evidentiary hearing is required based upon the moving papers. If the court determines that no evidentiary hearing is required, the court shall enter a written order setting forth its reasons.
(b)Hearing. If an evidentiary hearing is conducted, at its conclusion the court shall enter written findings of fact and conclusions of law.

Wash. Sup. Ct. Crim. R. 3.6

Adopted 82 Wn.2d 1114 effective July 1, 1973 Amended 89 Wn.2d 1107 effective May 15, 1978 Amended 130 Wn.2d 1102 effective January 2, 1997