Proposed Rules Archives

• Proposed Changes to CrR 4.6 - Depositions (in Word Format)
• Comments Received for CrR 4.6 - Depositions

GR 9 Cover Sheet
Suggested Change to Superior Court Criminal Rule (CrR) 4.6
concerning Depositions

Submitted by the Board of Governors of the Washington State Bar Association

Purpose: The amendment to section (a) is a companion to suggested new CrR

4.11. It would allow a party to request that the court order a deposition when a witness "does not agree to allow his or her interview by, or statement to, either counsel to be recorded by audiotape or other means of verbatim recording."

Currently, the party must show that the witness "refuses to discuss the case with either counsel." Ordering a deposition is discretionary with the court, as the rule uses the language "may upon motion of a party . . . ."

Even if the witness fails to agree to allow recording, the party seeking the deposition must still show that "such testimony is material and that it is necessary to take the witness’s deposition in order to prevent a failure of justice."