RULE NO. 4
CIVIL DISCOVERY AND ADMISSIBILITY OF DOCUMENTS
(A) Discovery shall be permitted pursuant to CRLJ 26(a) and (b) without
further order of the court.
(B) Concurrently with or any time after the filing of summons and
complaint, any party may request the court, ex parte, to issue an order
permitting mutual discovery in accordance with CRLJ 26 and CR 26 through
37. The motion and order should be substantially in accordance with the
uniform court form in these rules, and the court will grant said order
subject to any objection in accordance with this rule.
The party requesting the order shall serve upon the non-moving party
and file with the court proof of service of same. Within ten (10) days
after service of the order or the expiration of the period for response set
forth in CRLJ 12, whichever is later, the non-moving party may object to
the order and request a hearing by filing a written opposition, which shall
be substantially in accordance with the uniform court form in these rules,
serving a copy on the moving party, on the basis that discovery should not
be allowed or should be limited. The court shall conduct a hearing under
CRLJ 26 and affirm, modify or vacate the original order as it deems proper.
(C) The documents listed below, if relevant, are presumed admissible at
the trial, but only if (1) the party offering the document serves on all
parties at least 14 days prior to the trial date in accordance with CRLJ 5
a notice, accompanied by a copy of the document and the name, address, and
telephone number of its author or maker; and (2) the party offering the
document similarly furnishes all other parties with copies of all other
related documents from the same author or maker. This rule does not
restrict argument or proof related to the weight of the evidence admitted,
nor does it restrict the court's authority to determine the weight of the
evidence after hearing all of the evidence and the arguments of opposing
parties. The documents presumed admissible under this rule are:
(1) A bill, report, chart, or record of a hospital, doctor, dentist,
registered nurse, licensed practical nurse, physical therapist,
psychologist or other health care provider, on a letterhead or billhead;
(2) A bill for drugs, medical appliances or other related expenses on a
letterhead or billhead.
(3) A bill, or an estimate of, property damage on a letterhead or
billhead. In the case of an estimate, the party intending to offer the
estimate shall forward with the notice to the adverse party a statement
indicating whether or not the property was repaired, and if it was, whether
the estimated repairs were made in full or in part, attaching a copy to the
receipted bill showing the items or repair and the amount paid;
(4) A police, weather, wage loss, or traffic signal report, or standard
United States government life expectancy table to the extent it is
admissible under the Rules of Evidence, but without the need for formal
proof of authentication or identification;
(5) A photograph, x-ray, drawing, map, blueprint or similar documentary
evidence, to the extent it is admissible under the Rules of Evidence, but
without the need for formal proof of authentication or identification;
(6) The written statement of any other witness, including the
written report of an expert witness, and including a statement of opinion
which the witness would be allowed to express if testifying in person, if
it is made by affidavit or by declaration under penalty of perjury.
(7) A document not specifically covered by any of the foregoing
provisions but having equivalent circumstantial guarantees of
trustworthiness, the admission of which would serve the interests of
justice.
Any other party may subpoena the author or maker of a document,
admissible under this rule, at that party's expense, and examine the author
or maker as if under cross examination.
(Effective Date: 01/07/87; amended 09/01/96)
UNIFORM DISTRICT COURT FORM NO. 4A
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) MOTION AND ORDER FOR PERMISSION
) TO CONDUCT DISCOVERY
)
Defendant. )
Plaintiff/defendant hereby moves that the parties in this matter be allowed
to conduct discovery in accordance with Superior Court Civil Rules 26
through 37.
DATED this __________ day of ________________________, _________.
____________________________________
Attorney for Plaintiff/Defendant
O R D E R
Pursuant to motion of plaintiff/defendant for this allowance of mutual
discovery in this action, accordingly, it is hereby
ORDERED that the parties may conduct reasonable discovery in accord with
Rules 26 through 37 of the Superior Court Civil Rules.
DONE IN OPEN COURT this _______ day of __________________, _________.
________________________________
J U D G E
Presented by:
_______________________________________
Attorney for Plaintiff/Defendant
NOTICE: Upon receipt of this order, the non-moving party may object to the
grant of this motion by filing a written objection with the court within
ten (10) days and serving a copy on the opposing party.
CERTIFICATE OF MAILING
Mailed to the below named person at the address indicated on the _____
day of ______________________, ________: ____________________________
______________________________________________________________________
UNIFORM DISTRICT COURT FORM NO. 4B
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) OBJECTION TO ORDER GRANTING
) DISCOVERY
)
Defendant. )
Comes now __________________, the plaintiff/defendant herein and hereby
objects to the entry of the order granting discovery dated the
___________________, _________, and requests that the court schedule a
hearing on this matter.
The plaintiff/defendant hereby objects to the granting of the order of
discovery because:____________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
DATED this _____________ day of __________________________, _________.
____________________________________
Attorney for Plaintiff/Defendant
Original filed with court, copy
must be served on moving party or
moving party's attorney.
Click here to view in a PDF.
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |
