RULE 9
                  SUPREME COURT RULEMAKING

    (a) Statement of Purpose. The purpose of rules of court
is to provide necessary governance of court procedure and
practice and to promote justice by ensuring a fair and
expeditious process. In promulgating rules of court, the
Washington Supreme Court seeks to ensure that:
    (1)  The adoption and amendment of rules proceed in an
orderly and uniform manner;
    (2) All interested persons and groups receive notice and
an opportunity to express views regarding proposed rules;
    (3) There is adequate notice of the adoption and
effective date of new and revised rules;
    (4) Proposed rules are necessary statewide;
    (5) Minimal disruption in court practice occurs, by
limiting the frequency of rule changes; and
    (6) Rules of court are clear and definite in
application.
    (b) Definitions. As used in this rule, the following
terms have these meanings:
    (1) "Suggested rule" means a request for a rule change
or a new rule that has been submitted to the Supreme Court.
    (2) "Proposed rule" means a suggested rule that the
Supreme Court has ordered published for public comment.
    (c) Request for Notification.  Any person or group may
file a request with the Supreme Court to receive notice of a
suggested rule.  The request may be limited to certain kinds
of rule changes.  The request shall stated the name and
address of the person or group to whom the suggested rule is
to be sent.  Once filed, the request shall remain in effect
until withdrawn or unless notice sent by regular, first-
class U.S. mail is returned for lack of a valid address.
    (d) Initiation of Rules Changes. Any person or group may
submit to the Supreme Court a request to adopt, amend, or
repeal a court rule.  The Supreme Court shall determine
whether the request is clearly stated and in the form
required by section (e) of this rule.  If the Supreme Court
determines that a request is unclear or does not comply with
section (e), the Supreme Court may (1) accept the request
notwithstanding its noncompliance, (2) ask the proponent to
resubmit the request in the proper format, or (3) reject the
request, with or without a written notice of the reason or
reasons for such rejection.
    (e) Form for Submitting a Request to Change Rules
    (1) The text of all suggested rules should be submitted
on 8 1/2 - by 11-inch line-numbered paper with consecutive
page numbering and in an electronic form as may be specified
by the Supreme Court. If the suggested rule affects an
existing rule, deleted portions should be shown and stricken
through; new portions should be underlined once.
    (2) A suggested rule should be accompanied by a cover
sheet and not more than 25 pages of supporting information,
including letters, memoranda, minutes of meetings, research
studies, or the like.  The cover sheet should contain the
following:
    (A) Name of Proponent-the name of the person or group
requesting the rule change;
    (B) Spokesperson-a designation of the person who is
knowledgeable about the proposed rule and who can provide
additional information;
    (C) Purpose-the reason or necessity for the suggested
rule, including whether it creates or resolves any conflicts
with statutes, case law, or other court rules;
    (D) Hearing-whether the proponent believes a public
hearing is needed and, if so, why;
    (E) Expedited Consideration-whether the proponent
believes that exceptional circumstances justify expedited
consideration of the suggested rule, notwithstanding the
schedule set forth in section (i).
    (f) Consideration of Suggested Rule by Supreme Court.
    (1) The Supreme Court shall initially determine whether
a suggested rule has merit and whether it involves a
significant or merely technical change.  A "technical
change" is one which corrects a clerical mistake or an error
arising from oversight or omission.  The Supreme Court shall
also initially determine whether the suggested rule should
be considered under the schedule provided for in section (i)
or should receive expedited consideration for the reason or
reasons to be set forth in the transmittal form provided for
in section (f)(2).  The Supreme Court may consult with other
persons or groups, in making this initial determination.
    (2) After making its initial determinations, the Supreme
Court shall forward each suggested rule, except those deemed
"without merit", along with a transmittal form setting forth
such determinations, to the Washington State Bar
Association, the Superior Court Judges Association, the
District and Municipal Court Judges Association, and the
Chief Presiding Judge of the Court of Appeals for their
consideration.  The transmittal shall include the cover
sheet and any additional information provided by the
proponent.  The Supreme Court shall also forward the
suggested rule and cover sheet to any person or group that
has filed a notice pursuant to section (c), and to any other
person or group the Supreme Court believes may be
interested.  The transmittal form shall specify a deadline
by which the recipients may comment in advance of any
determination under section (f)(3) of this rule.  If the
Supreme Court determines that the suggested rule should
receive expedited consideration, it shall so indicate on the
transmittal form.  The form may contain a brief statement of
the reason or reasons for such consideration.
    (3) After the expiration of the deadline set forth in
the transmittal form, the Supreme Court may reject the
suggested rule, adopt a merely technical change without
public comment, or order the suggested rule published for
public comment.
            (g) Publication for Comment.
    (1) A proposed rule shall be published for public
comment in such media of mass communication as the Supreme
Court deems appropriate, including, but not limited to, the
Washington Reports Advance Sheets and the Washington State
Register.  The proposed rule shall also be posted on such
Internet sites as the Supreme Court may determine, including
those of the Supreme Court and the Washington State Bar
Association.  The purpose statement required by section
(e)(2)(C) shall be published along with the proposed rule.
Publication of a proposed rule shall be announced in the
Washington State Bar News.
   (2) Publication of a proposed rule in the Washington
State Register shall not subject Supreme Court rulemaking to
the provisions of the Administrative Procedures Act.
   (3) All comments on a proposed rule shall be submitted in
writing to the Supreme Court by the deadline set forth in
section (i).
   (4) If a comment includes a suggested rule, it should be
in the format set forth in section (e). All comments
received will be kept on file in the office of the Clerk of
the Supreme Court for public inspection and copying.
    (h) Final Action by the Supreme Court, Publication, and
Effective Date.
    (1) After considering a suggested rule, or after
considering any comments or written or oral testimony
received regarding a proposed rule, the Supreme Court may
adopt, amend, or reject the rule change or take such other
action as the Supreme Court deems appropriate.
    Prior to action by the Supreme Court, the court may, in
its discretion, hold a hearing on a proposed rule at a time
and in a manner defined by the court.  If the Supreme Court
orders a hearing, it shall set the time and place of the
hearing and determine the manner in which the hearing will
be conducted. The Supreme Court may also designate an
individual or committee to conduct the hearing.
    (2) Regarding action on a suggested rule:
    (A) If the Supreme Court rejects the suggested rule, it
may provide the proponent with the reason or reasons for
such rejection.
    (B) If the Supreme Court adopts the suggested rule
without public comment, it shall publish the rule and may
set forth the reason or reasons for such adoption.
    (3) Regarding action on a proposed rule:
    (A) If the Supreme Court rejects a proposed rule, it may
publish its reason or reasons for such rejection.
    (B) If the Supreme Court adopts a proposed rule, it may
publish the rule along with the purpose statement from the
cover sheet.
    (C) If the Supreme Court amends and then adopts a
proposed rule, it should publish the rule as amended along
with a revised purpose statement.
    (4) All adopted rules, or other final action by the
Supreme Court for which this rule requires publication,
shall be published in a July edition of the Washington
Reports advance sheets and in the Washington State Register
immediately after such action.  The adopted rules or other
Supreme Court final action shall also be posted on the
Internet sites of the Supreme Court and the Washington State
Bar Association.  An announcement of such publication shall
be made in the Washington State Bar News.
    (5) All adopted rules shall become effective as provided
in section (i) unless the Supreme Court determines that a
different effective date is necessary.
    (i) Schedule for Review and Adoption of Rules.
    (1) In order to be published for comment in January, as
provided in section (i) (2), a suggested rule must be
received no later than October 15 of the preceding year.
    (2) Proposed rules shall be published for comment in
January of each year.
    (3) Comments must be received by April 30 of the year in
which the proposed rule is published.
    (4) Proposed rules published in January and adopted by
the Supreme Court shall be republished in July and shall
take effect the following September 1.
    (5) All suggested rules will be considered pursuant to
the schedule set forth in this section, unless the Supreme
Court determines that exceptional circumstances justify more
immediate action.
    (6) The Supreme Court, in consultation with the
Washington State Bar Association, the Superior Court Judges
Association, the District and Municipal Court Judges
Association, and the Chief Presiding Judge of the Court of
Appeals, shall develop a schedule for the periodic review of
particular court rules.  The schedule shall be posted on
such Internet sites as the Supreme Court may determine,
including those of the Supreme Court and the Washington
State Bar Association.
    (j) Miscellaneous Provisions.
    (1) The Supreme Court may adopt, amend, or rescind a
rule, or take any emergency action with respect to a rule
without following the procedures set forth in this rule.
Upon taking such action or upon adopting a rule outside of
the schedule set forth in section (i) because of exceptional
circumstances, the Supreme Court shall publish the rule in
accordance with sections (g) or (h) as applicable.
    (2) This rule shall take effect on _________ and apply
to all rules not yet adopted by the Supreme Court by that
date.

[Adopted effective March 19, 1982;
amended effective September 1, 1984; September 1, 2000.]