RULE CRLJ 38
                           JURY TRIAL


    (a) Demand. When a trial by jury is authorized by the
constitution, statutes, or decisions of the Supreme Court, any
party may demand a jury which shall be selected and impaneled as
required by law and this rule. At or prior to the time the case
is called to be set for trial, or at such other time as directed
by the court, any party may demand a jury trial of any issue
triable by a jury by serving upon the other parties a demand
therefor in writing, by filing the demand with the clerk, and by
paying any required jury fee.

    (b) Specification of Issues. In the demand a party may
specify the issues which it wishes tried by a jury; otherwise,
the demand shall be considered a demand for all issues so
triable. If the demand requests jury trial of only some of the
issues, any other party within 14 days of service of the demand
or such lesser time as the court may order, may serve a demand
for trial by jury of any other or all of the issues of fact in
the action.

    (c) Waiver of Jury Trial. The failure of a party to serve a
demand as required by this rule, to file it as required by this
rule, and to pay the required jury fee in accordance with this
rule, constitutes a waiver of trial by jury. A demand for trial
by jury once made may not be withdrawn without the consent of the
parties.

    (d) Impaneling the Jury.

    (1) Voir Dire. A voir dire examination shall be conducted for
the purpose of discovering any basis for challenge for cause and
for the purpose of gaining knowledge to enable an intelligent
exercise of peremptory challenges. The judge shall initiate the
voir dire examination by identifying the parties and their
respective counsel and by briefly outlining the nature of the
case. The judge and the parties may then ask the prospective
jurors questions touching their qualifications to serve as jurors
in the case, subject to the supervision of the court as
appropriate to the facts of the case.

    (2) Challenges for Cause. If the court is of the opinion that
grounds for challenge to a juror exist, it shall excuse that
juror. Otherwise, any party may challenge the juror for cause.
Challenges for cause shall be allowed as provided in RCW 4.44.150
through 4.44.190.

    (3) Peremptory Challenges. The number and the manner of
exercising peremptory challenges shall be as provided in RCW
4.44.130, 4.44.140, and 4.44.190.

    (4) Order of Taking Challenges. (Reserved. See RCW 4.44.220.)

    (5) Objections to Challenges. (Reserved. See RCW 4.44.230.)

    (6) Trial of Challenge. (Reserved. See RCW 4.44.240.)

    (e) Alternate Jurors. The court may direct that not more than
three jurors in addition to the regular jury be called and
impaneled to serve as alternate jurors. Alternate jurors, in the
order in which they are called, shall replace jurors who, prior
to the time the jury retires to consider its verdict, are unable
to continue. Alternate jurors shall be drawn in the same manner,
shall have the same qualifications, shall be subject to the same
examination and challenges for cause, and shall take the same
oath as the regular jurors. Each party shall be entitled to one
additional peremptory challenge which may only be exercised
against alternate jurors, and other peremptory challenges allowed
shall not be used against alternate jurors. If the court has
found that there is a conflict of interest between parties on the
same side, the court may allow each conflicting party a
peremptory challenge to exercise against alternate jurors. An
alternate juror who does not replace a regular juror may be
discharged or temporarily excused after the jury retires to
consider its verdict. When an alternate juror is temporarily
excused but not discharged, the trial judge shall take
appropriate steps to protect such juror from influence,
interference or publicity which might affect that jurors ability
to remain impartial, and the trial judge may conduct brief voir
dire before seating such alternate juror for any trial or
deliberations. An alternate juror may be recalled at any time
that a regular juror is unable to serve. If the jury has
commenced deliberations prior to replacement of a regular juror
with an alternate juror, the jury shall be instructed to
disregard all previous deliberations and to begin deliberations
anew.

    (f) Juries of Fewer Than Six. The parties may at any time
stipulate that the jury shall consist of at least three but fewer
than six jurors, or that a verdict of a stated majority shall be
taken as the verdict or finding of the jury.

    (g) Oath. (Reserved. See RCW 4.44.260.)

    (h) Note-Taking by Jurors. In all cases, jurors shall be
allowed to take written notes regarding the evidence presented to
them and keep these notes with them during their deliberation.
The court may allow jurors to keep these notes with them in the
jury room during recesses, in which case jurors may review their
own notes but may not share or discuss the notes with other
jurors until they begin deliberating.  Such notes should be
treated as confidential between the jurors making them and their
fellow jurors, and shall be destroyed immediately after the
verdict is rendered.


[Amended effective September 1, 1989; amended effective October 1, 2002.]