City of Kennewick v. Vandergriff

(dissenting) — The majority holds that a defendant's motion to the court to correct an improper trial date may not be made ex parte. I disagree for two reasons. First, I believe once a court is notified it has set an improper trial date, the court has an absolute duty to correct its mistake. Second, I believe the defendant's motion is *104of a type we generally permit to be made ex parte, for granting the motion would not have resulted in prejudice to the opposing side.

JCrR 3.08(a) unequivocally imposes on the trial court the duty to set a trial date consistent with the speedy trial court rule:…