Wash. Super. Ct. Crim. R. 3.5

(a) Requirement for and Time of Hearing. When a statement of the accused is to be

offered in evidence, the judge at the time of the omnibus hearing shall hold or set the time for a

hearing, if not previously held, for the purpose of determining whether the statement is

admissible. A court reporter or a court approved electronic recording device shall record the

evidence adduced at this hearing.

(b) Duty of Court To Inform Defendant. It shall be the duty of the court to inform the

defendant that: (1) he may, but need not, testify at the hearing on the circumstances surrounding

the statement; (2) if he does testify at the hearing, he will be subject to cross examination with

respect to the circumstances surrounding the statement and with respect to his credibility; (3) if

he does testify at the hearing, he does not by so testifying waive his right to remain silent during

the trial; and (4) if he does testify at the hearing, neither this fact nor his testimony at the hearing

shall be mentioned to the jury unless he testifies concerning the statement at trial.

(c) Duty of Court To Make a Record. After the hearing, the court shall set forth in

writing: (1) the undisputed facts; (2) the disputed facts; (3) conclusions as to the disputed facts;

and (4) conclusion as to whether the statement is admissible and the reasons therefor.

(d) Rights of Defendant When Statement Is Ruled Admissible. If the court rules that

the statement is admissible, and it is offered in evidence: (1) the defense may offer evidence or

cross-examine the witnesses, with respect to the statement without waiving an objection to the

admissibility of the statement; (2) unless the defendant testifies at the trial concerning the

statement, no reference shall be made to the fact, if it be so, that the defendant testified at the

preliminary hearing on the admissibility of the confession; (3) if the defendant becomes a witness

on this issue, he shall be subject to cross examination to the same extent as would any other

witness; and, (4) if the defense raises the issue of voluntariness under subsection (1) above, the

jury shall be instructed that they may give such weight and credibility to the confession in view

of the surrounding circumstances, as they see fit.