PART V
RULES FOR COURTS OF LIMITED
JURISDICTION
ADMINISTRATIVE RULES FOR COURTS
OF LIMITED JURISDICTION (ARLJ)
TABLE OF RULES
Rule
1 Rescinded
2 Scope of Rules
3 Definition of Terms
4 Code of Judicial Conduct
5 Presiding Judge, Multiple Judge Court District, Multiple District
Counties - Repealed
6 Records: Separate Dockets--Contents
7 Reserved
8 Reporting of Criminal Cases
9 Disclosure of Records
10 Case Information Cover Sheet
11 Misdemeanant Probation Department
12 Registration by Courts of Limited Jurisdiction
13 Limited Jurisdiction Courts are required to Record all Proceedings
Electronically
RULE 1
(RESCINDED)
RULE 2
SCOPE OF RULES
These rules shall govern the procedure of civil, criminal, and
infraction cases in all courts of limited jurisdiction inferior to the
superior court. They shall be construed to secure the just, speedy, and
inexpensive determination of every action. Failure to set forth herein any
provisions of common law or statute, not inconsistent with these rules,
shall not be construed as an implied repeal thereof.
RULE ARLJ 3
DEFINITION OF TERMS
As used in these rules, unless the context clearly requires otherwise:
(1) "Court" means any court inferior to the superior court.
(2) "Judge" shall include every judicial officer
authorized, alone or with others, to hold or preside
over any court of limited jurisdiction, or any court
inferior to the superior court which may be hereinafter established.
(3) "Oaths" include affirmations.
(4) "Prosecuting Attorney" or "prosecutor" includes deputy
prosecuting attorneys, and city attorneys, corporation
counsel, and their deputies and assistants, or such
other persons as may be designated by statute or court rule.
(5) "Offenses against the State" shall, wherever
appropriate, include offenses against a county or a
city by virtue of violation of an ordinance or resolution.
(6) "City" shall be construed to include towns.
(7) "State", whenever appropriate, shall include a city or town.
[Amended effective September 1, 1989.]
ARLJ 4
CODE OF JUDICIAL CONDUCT
(1) The Code of Judicial Conduct (CJC) as adopted by the
Supreme Court of Washington shall apply to the judge of each
court subject to these rules, whether or not such judge has
been admitted to the Bar. It shall be the obligation of each
such judge to conduct his or her court and his or her
professional and personal relationships in accordance with
the same standards as are required of judges of courts of
record, except that CJC Canon 5(F), prohibiting judges from
practicing law, shall not apply to attorney-judges of courts
of limited jurisdiction who have been specifically
authorized by statute to practice law.
(2) The taking of photographs in the courtroom or radio
or television broadcasting or transmitting of judicial
proceedings from the courtroom during the progress of
judicial proceedings shall be governed by GR 16.
[Adopted effective July 1, 1963; amended effective October 1, 2002.]
RULE ARLJ 5
PRESIDING JUDGE, MULTIPLE JUDGE COURT DISTRICT,
MULTIPLE DISTRICT COUNTIES
[REPEALED]
[Amended effective May 6, 1988; September 1, 2000;
Repealed effective April 30, 2002.]
RULE 6
RECORDS: SEPARATE DOCKETS--CONTENTS
(a) Every court having criminal jurisdiction shall keep such records as
are required by law.
(b) Separate dockets shall be kept for criminal, traffic, civil, and
small claims actions. The required entries within the traffic and criminal
dockets shall be as required on the "Complaint/Citation Docket Form"
prescribed in CrRLJ 2.1. In civil and small claims dockets there shall be
entered:
(1) The title of all actions;
(2) The object of the action or proceeding;
(3) All filing, return, trial, and appearance dates;
(4) An abstract of every motion, rule, order and decision of the court;
(5) Every continuance, and for whom granted;
(6) All demands for a trial by jury, and by whom;
(7) The names of the jurors who appear and are sworn, the names of
witnesses sworn, and at whose request;
(8) An abstract of the verdict of the jury when received and other
proceedings in connection with the jury;
(9) An abstract of the judgment of the court and the amount thereof,
and all costs granted in connection therewith;
(10) The time of issuing execution, and an account of the debt and
costs, and the fees due to each person separately;
(11) The fact of a notice of appeal and the date thereof;
(12) Satisfaction of the judgment, or any money paid thereon and the
date thereof;
(13) Such other entries as may be material.
ARLJ 7
{Reserved}.
RULE 8
REPORTING OF CRIMINAL CASES
(a) Report of Disposition. Within 5 court days after the disposition by
a court of limited jurisdiction of a felony or gross misdemeanor charge or
misdemeanor charges which have been reported to the Washington State Patrol
Section on Identification, whether the disposition be a plea of guilty or
by deferral or suspension of imposition of sentence, or a finding of
guilty, or not guilty after trial, or by a dismissal of the charge, the
court clerk shall report such disposition to the Section on a disposition
form approved by the Administrator for the Courts. When a sentence has been
deferred or suspended, the report to the Section shall indicate the length
of time over which such suspension or deferral is to be effective. At the
conclusion of the time period for deferral or suspension of sentence, the
court clerk shall forward an amended disposition form to the Section
showing the actual disposition of the case.
(b) Report of Appeal. If an appeal is taken from the disposition made
by a court of limited jurisdiction, the court clerk shall, within 5 court
days of the taking of the appeal, notify the Section on an amended
disposition form. In the event that the result of any proceeding changes or
otherwise makes inaccurate the information forwarded on the original
disposition report, the court clerk shall prepare and forward to the
Section a supplemental disposition report on a form approved by the
Administrator for the Courts indicating thereon the information necessary
to correct the current status of the disposition of charges against the
subject maintained in the records of the Section.
RULE ARLJ 9
DISCLOSURE OF RECORDS
(a) Public Records. Unless the trial judge rules otherwise in a
particular case, the following are considered public records
and may be viewed and copied by the public:
(1) Court pleadings;
(2) Dockets, both civil and criminal, regardless of the
current status of the proceeding;
(3) Indexes to civil and criminal cases;
(4) Tape recordings of court proceedings;
(5) Search warrants, affidavits, and inventories, after
execution and return of the warrant.
(b) Private Records. The following are considered exempt from
disclosure unless they have been admitted into evidence,
incorporated into a court pleading, or are the subject of a
stipulation on the record which places them into public record:
(1) Witness statements and police reports;
(2) Presentence reports and reports related to compliance
with conditions of sentence;
(3) Copies of driving records or criminal history records
subject to RCW 10.97;
(4) Correspondence received by the court regarding
sentencing and compliance with the terms of probation.
(c) Quasi-Public Documents. The following are not subject to
public review, but are subject to review by the defendant
and the defendants lawyer:
(1) Witness statements;
(2) Presentence reports and reports related to compliance
with conditions of sentence;
(3) Copies of driving records or criminal history records
subject to RCW 10.97;
(4) Correspondence received by the court regarding
sentencing and compliance with the terms of probation,
except when the information is provided on the
condition it remain confidential or when a finding of
good cause is made for its confidentiality.
(d) Court Assistance.
(1) Court facilities are available to the public to assist
in disclosure, subject to local court rule.
(2) For security purposes, the court may require
identification from the reviewing party.
(e) Judicial Review. To assure that only public records are
reviewed by the public, judicial review of disclosure may be
requested by the prosecuting authority, defendant, court
clerks, or other interested parties. The court may withhold
dissemination until a hearing may reasonably be held.
Following the hearing, the court may make such restrictive
orders as are necessary.
(f) Statutes Not Superseded. Nothing in this rule shall be
construed to supersede existing statutes or subsequent
amendmentsthereto.
[Adopted effective September 1, 1987.]
ARLJ 10
RULE 10
CASE INFORMATION COVER SHEET
(1) Each new civil filing, except in infraction cases, shall
be accompanied by a Case Information Cover Sheet prepared and
submitted by the plaintiff. The minimum requirements of this
Case Information Cover Sheet shall be established by the Court
Management Council in coordination with the Office of the
Administrator for the Courts. Any additional case flow
information deemed necessary for the management of cases by a
court must be approved by the Office of the Administrator for the
Courts.
(Effective September 1, 1999.)
ARLJ 11
Misdemeanant Probation Department
RULE 11 PROBATION DEPARTMENT
RULE 11.1 DEFINITION
A misdemeanant probation department, if a court elects to
establish one, is an entity that provides services designed to
assist the court in the management of criminal justice and
thereby aid in the preservation of public order and safety. This
entity may consist of probation officers and probation clerks.
The method of providing these services shall be established by
the presiding judge of the local court to meet the specific needs
of the court.
RULE 11.2 QUALIFICATIONS AND CORE SERVICES OF PROBATION
DEPARTMENT PERSONNEL
(a) Probation Officer Qualifications.
(1) A minimum of a bachelor of arts or bachelor of science
degree that provides the necessary education and skills in
dealing with complex legal and human issues, as well as
competence in making decisions and using discretionary judgment.
A course of study in sociology, psychology, or criminal justice
is preferred.
(2) Counseling skills necessary to evaluate and act on
offender crisis, assess offender needs, motivate offenders, and
make recommendations to the court.
(3) Education and training necessary to communicate
effectively, both orally and in writing, to interview and counsel
offenders with a wide variety of offender problems, including but
not limited to alcoholism, domestic violence, mental illness,
sexual deviancy; to testify in court, to communicate with
referral resources, and to prepare legal documents and reports.
(4) Anyone not meeting the above qualifications and having
competently held the position of probation officer for the past
two years shall be deemed to have met the qualifications.
(b) Probation Officer - Core Services.
(1) Conduct pre/post-sentence investigations with face to
face interviews and extensive research that includes but is not
limited to criminal history, contact with victims, personal
history, social and economic needs, community resource needs,
counseling/treatment needs, work history, family and employer
support, and complete written pre/post-sentence reports, which
includes sentencing recommendations to the court.
(2) For offenders referred to the misdemeanant probation
department, determine their risk to the community using a
standardized classification system with a minimum of monthly face
to face interviews for offenders classified at the highest level.
(3) Evaluate offenders’ social problems, amenability to
different types of treatment programs, and determine appropriate referral.
(4) Supervise offenders with face to face interviews
depending on risk classification system.
(5) Oversee community agencies providing services required
of offenders with input to the judicial officer (e.g.
alcohol/drug, domestic violence, sexual deviancy, and mental illness).
(6) Other Duties. The core services listed under both
probation officer and probation clerk are not meant to exclude
other duties that may be performed by either classification of
employee or other court clerical staff, such as record checks,
calendaring court proceedings, and accounting of fees.
(c) Probation Clerk Qualifications.
(1) High school or equivalent diploma.
(2) Efficient in all facets of basic clerical skills
including but not limited to keyboarding, computer familiarity
and competence, filing, and positive public interaction.
(3) Above average ability in dealing with stress and
difficult clients.
(4) Ability to complete and perform multi-task assignments.
(d) Probation Clerk - Core Services.
(1) Monitor compliance of treatment obligations with
professional treatment providers.
(2) Report offender non-compliance with conditions of
sentence to the court.
(3) Coordinate treatment referral information, and monitor
community agencies for statutory reporting compliance.
(4) Anyone not meeting the above qualifications and having
held the position of probation clerk for the past two years shall
be deemed to have met the qualifications.
(5) Other Duties. The core services listed under both
probation officer and probation clerk are not meant to exclude
other duties that may be performed by either classification of
employee or other court clerical staff, such as record checks,
calendaring court proceedings, and accounting of fees.
RULE 11.3 STATUTORY PROBATION SERVICE FEES TO BE USED FOR PROBATION SERVICES
All positions, which are funded by statutory probation
service fees, shall be limited to working with individuals or
cases who are on probation. Any additional funds raised from
statutory probation services fees beyond what is necessary to
fund the positions in the probation department shall be used to
provide additional levels of probation services.
[Adopted effective September 1, 2001.]
ARLJ 12
REGISTRATION BY COURTS OF LIMITED JURISDICTION
(1) All courts of limited jurisdiction shall register with the
Administrative Office of the Courts. The registration shall
include the name of the court, address, telephone number and the
names of judicial officers and the court clerk or administrator.
The registration shall include the days of the week and the hours
the court is open for business to the public. The official
registration must be updated annually by each court on or before
July 1 and also within 30 days from the date of any changes in
the information previously supplied to the Administrative Office
of the Courts.
(2) The failure of a court to register as required by this rule
shall not affect in any way the power or authority of a court.
[Adopted effective September 1, 2002; amended effective November 8, 2005.]
ARLJ 13
LIMITED JURISDICTION COURTS ARE REQUIRED TO RECORD ALL
PROCEEDINGS ELECTRONICALLY
a) Generally. All limited jurisdiction courts shall make
an electronic record of all proceedings and retain the
record for at least as long as the record retention schedule
dictates.
b) Nonelectronic Record in Emergency. In the event of an
equipment failure or other situation making an electronic
recording impossible, the court may order the proceeding to
be recorded by nonelectronic means. The nonelectronic
record must be made at the court’s expense, and in the event
of an appeal, any necessary transcription of the
nonelectronic record must be made at the court’s expense.
[Adopted effective October 1, 2002.]
RULES FOR APPEAL OF DECISIONS
OF COURTS OF LIMITED JURISDICTION (RALJ)
TABLE OF RULES
TITLE 1
SCOPE AND PURPOSE OF RULES
Rule
1.1 Scope of Rules
1.2 Interpretation and Application of Rules
TITLE 2
INITIATING AN APPEAL
2.1 Who May Appeal
2.2 What May Be Appealed
2.3 Where To Appeal--Change of Venue
2.4 How To Initiate an Appeal
2.5 Time Allowed To Initiate Appeal by Filing Notice
2.6 Content of Notice of Appeal
2.7 Reserved
TITLE 3
ASSIGNMENT OF CASES IN SUPERIOR COURT
3.1 Reserved
3.2 Change of Superior Court Judge
TITLE 4
AUTHORITY OF COURT OF LIMITED JURISDICTION AND
OF SUPERIOR COURT PENDING APPEALS--STAYS
4.1 Authority of Courts Pending Appeal
4.2 Enforcement of Judgment
4.3 Stay of Enforcement of Judgment
TITLE 5
RECORDING PROCEEDINGS IN COURT OF LIMITED
JURISDICTION
5.1 Recording Generally
5.2 Statements To Be Made on the Record
5.3 Log
5.4 Loss or Damage of Electronic Record
TITLE 6
RECORD ON APPEAL
6.1 Contents of Record
6.2 Transmittal of Record of Proceedings
6.3 Copy of Recording for Parties
6.3.1 Transcript of Electronic Record
6.4 Transmittal of Record of Proceedings on Discretionary
Review and Return of Record Following Termination of Appeal
TITLE 7
BRIEFS
7.1 Generally
7.2 Time for Filing Briefs
7.3 Format of Briefs
TITLE 8
ORAL ARGUMENT
8.1 Who may Present Argument
8.2 Postponement of Argument
8.3 Time Allowed and Order of Argument
8.4 Waiver of Oral Argument
TITLE 9
SUPERIOR COURT DECISION AND PROCEDURE
AFTER DECISION
9.1 Basis for Decision on Appeal
9.2 Entry of Decision and Enforcement of Judgment
9.3 Costs
TITLE 10
VIOLATION OF RULES--SANCTIONS AND DISMISSAL
10.1 Violation of Rules Generally
10.2 Dismissal of Appeal
10.3 Extension and Reduction of Time
TITLE 11
SUPPLEMENTAL PROVISIONS
11.1 Review of Decisions of a Court of Limited Jurisdiction on Matters of
Appellate Procedure
11.2 Lawyer's Fees and Expenses
11.3 Title of Case
11.4 Effect of Reversal on Intervening Rights
11.5 Forms
11.6 Service, Filing, and Signing of Papers
11.7 Application of Other Court Rules
11.8 Local Court Rules--Availability
11.9 Title and Citation of Rules
RALJ 1.1
SCOPE OF RULES
(a) Proceedings Subject to Rules. These rules establish
the procedure, called appeal, for review by the superior
court of a final decision of a court of limited
jurisdiction, subject to the restrictions defined in this
rule.
(b) These rules do not apply to the de novo review of a
decision of a judge who is not admitted to the practice of
law in Washington and do not apply to the de novo review on
the record of a decision of a small claims court operating
under RCW 12.40. The procedures for review of these
decisions are set forth in CRLJ 73 and 75.
(c) Statutory Writs Retained. These rules do not
supersede and do not govern the procedure for seeking review
of a decision of a court of limited jurisdiction by
statutory writ.
(d) Application to Civil and Criminal Proceedings. Each
rule applies to both civil and criminal proceedings, unless
a different application is intended.
(e) Superseding Effect of Rules. These rules supersede
all statutes and rules covering the procedure for review in
the superior court of a decision of a court of limited
jurisdiction to which these rules apply, unless one of these
rules specifically indicates to the contrary.
(f) Effect of Subsequent Legislation. If a statute in
conflict with a rule is enacted after these rules become
effective and that statute does not supersede the
conflicting rule by direct reference to the rule by number,
the rule applies unless the rule specifically indicates that
statutes control. If a statute in conflict with a rule is
enacted after these rules become effective and that statute
does supersede the conflicting rule by direct reference to
the rule by number, the statute applies until such time as
the rule may be amended or changed by the Supreme Court
through exercise of its rulemaking power.
[Amended effective October 30, 2001; September 1, 2004.]
RALJ 1.2
INTERPRETATION AND APPLICATION OF RULES
(a) Interpretation. These rules will be liberally
interpreted to promote justice and facilitate the decision
of cases on the merits.
(b) Application of Rules. Cases and issues will not be
determined on the basis of compliance or noncompliance with
these rules, except as provided in rules 10.2 and 10.3(c). A
party's right to proceed further in an appeal may be
conditioned on compliance with the terms of a sanction order
under rule 10.1.
[Amended effective September 1, 2002.]
RULE 2.1
WHO MAY APPEAL
(a) Appeal. Only an aggrieved party may appeal.
(b) Cross Review. Cross review means review initiated by a respondent
in an appeal. A party seeking cross review must file a notice of appeal
within the time allowed by rule 2.5(c).
RALJ 2.2
WHAT MAY BE APPEALED
(a) Final Decision.
(1) A party may appeal from a final decision of a court of limited
jurisdiction to which these rules apply under rule 1.1(a), except a decision in
a mitigation hearing under RCW 46.63.100 and IRLJ 2.6(b), or a mitigation
decision on written statement under IRLJ 2.6(c).
(2) For the purposes of these rules, a final decision includes (A) an
order granting or denying a motion for new trial, reconsideration, or amendment
of judgment, and (B) an order granting or denying arrest of a judgment in a
criminal case.
(b) Amount in Controversy. Statutes control limitations on appeal based
on the amount in controversy.
(c) Appeal by State or a Local Government in Criminal Case. The State or
local government may appeal in a criminal case only from the following
decisions of a court of limited jurisdiction and only if the appeal will not
place the defendant in double jeopardy:
(1) Final Decision, Except Not Guilty. A decision which in effect abates,
discontinues, or determines the case other than by a judgment or verdict of not
guilty, including but not limited to a decision setting aside, quashing, or
dismissing a complaint or citation and notice to appear, or a decision granting
a motion to dismiss under CrRLJ 8.3(c).
(2) Pretrial Order Suppressing Evidence. A pretrial order suppressing
evidence, if the trial court expressly finds that the practical effect of the
order is to terminate the case.
(3) Arrest or Vacation of Judgment. An order arresting or vacating a judgment.
(4) New Trial. An order granting a new trial.
[Amended effective September 1, 2008.]
RULE 2.3
WHERE TO APPEAL--CHANGE OF VENUE
(a) Where To Appeal. A party must seek review of a decision in a
criminal case in the superior court of the county in which the offense
allegedly occurred if the court of limited jurisdiction from which the
appeal is taken is located in a joint justice court district. In all other
cases, a party must seek review in the superior court for the county in
which the court of limited jurisdiction from which the appeal is taken is
located.
(b) Change of Venue. If a party seeks review in the wrong superior
court, the venue of the appeal shall be changed to the proper superior
court on motion of a party or on the initiative of the superior court.
RULE 2.4
HOW TO INITIATE AN APPEAL
(a) Review Initiated by Filing Notice of Appeal. A party appealing a
decision subject to these rules must file a notice of appeal in the court
of limited jurisdiction within the time provided by rule 2.5. This is the
only jurisdictional requirement for an appeal.
(b) Filing Fee. The first party to file a notice of appeal shall, at
the time the notice is filed, pay the statutory filing fee to the clerk of
the court of limited jurisdiction in which the notice is filed, unless the
party filing the notice is excused from paying a filing fee by statute or
by the constitution.
(c) Notice and Service. A party filing a notice of appeal shall
immediately serve a copy of the notice on all other parties. The clerk of
the court of limited jurisdiction shall immediately upon filing of a notice
of appeal and payment of the filing fee, if required, file a copy of the
notice with the superior court.
RULE 2.5
TIME ALLOWED TO INITIATE APPEAL BY FILING NOTICE
(a) Time Allowed To File Notice of Appeal. Except as provided in
section (c), a notice of appeal must be filed within 30 days after the date
of entry of the final decision which the party filing the notice seeks to
appeal.
(b) Date of Entry Defined. If the final decision of the court of
limited jurisdiction is oral and evidenced solely by a writing in the court
record, the date of entry is the date the writing was placed in the record.
If the final decision is by a writing signed by the court of limited
jurisdiction, the date of entry is the date of delivery of the writing
signed by the judge to the clerk for filing. If the decision is entered
other than at a regularly scheduled and noticed hearing, the date of entry
of the decision for a party is 3 days after the court of limited
jurisdiction mails a notice to that party advising the party of both the
courts decision and of the date that decision was written in the court
record or the date that decision was delivered to the clerk for filing.
(c) Subsequent Notice by Other Parties. If a timely notice of appeal is
filed by a party, any other party seeking relief from the decision must
file a notice of appeal within the later of (1) 7 days after service of the
notice of appeal filed by the other party, or (2) the time within which a
notice of appeal must be filed as provided in section (a).
(d) Effect of Premature Notice of Appeal. A notice of appeal filed
after the announcement of a decision but before entry of the final decision
will be treated as filed on the day following entry of the decision.
RULE 2.6
CONTENT OF NOTICE OF APPEAL
(a) Content of Notice of Appeal Generally. A notice of appeal should
(1) be titled "Notice of Appeal", (2) identify the party or parties
appealing, (3) designate each decision which the party wants reviewed, (4)
name the court to which the appeal is taken, (5) provide the identifying
material required by section (b), (6) state whether the case appealed is
criminal (include charge description), civil, or an infraction, and (7)
name the court and cause number from which the appeal is taken.
(b) Identification of Parties, Lawyers, and Address of Defendant in
Criminal Case. The first party to file a notice of appeal should include on
the notice the name and address of the lawyer for each of the parties
represented by a lawyer and the address of parties who are not represented
by counsel. If a defendant in a criminal case appeals, the notice of appeal
shall include the defendant's address. The defendant in a criminal case
must file a statement in the superior court and the court of limited
jurisdiction indicating any changes in the defendant's address during the
appeal.
(c) (Reserved.)
(d) (Reserved.)
(e) Multiple Parties Filing Notice of Appeal. More than one party may
join in a single notice of appeal.
(f) Defects in Form of Notice of Appeal. The superior court will
disregard defects in the form of a notice of appeal if the notice clearly
reflects an intent by a party to seek review.
(g) Notice by Fewer Than All Parties on a Side--Joinder. If there are
multiple parties on a side of a case and fewer than all of the parties on
that side of the case timely file a notice of appeal, the superior court
will grant relief only (1) to a party who has timely filed a notice, (2) to
a party who has been joined as provided in this section, or (3) to a party
if demanded by the necessities of the case. The superior court will permit
joinder on appeal of a party who did not file a notice of appeal only if
the party's rights or duties are derived through the rights or duties of
the party who timely filed notice or if the party's rights or duties are
dependent upon the superior court determination of the rights or duties of
a party who timely filed a notice.
RULE 2.7
(RESERVED)
RULE 3.1
(RESERVED)
RULE 3.2
CHANGE OF SUPERIOR COURT JUDGE
(a) Without Cause. A party may disqualify one superior court judge
without cause by filing an affidavit of prejudice in accordance with RCW
4.12.050.
(b) For Cause. A party may disqualify a superior court judge for cause
as provided in RCW 4.12.040 for any grounds authorized by statute or
decisional law.
(c) Waiver of Privilege To Change Judge. The privilege of a party to
seek the change of a judge in superior court is waived if a party fails to
seek a change of judge within 7 days after receipt of a notice of
assignment, unless the ground for seeking a change of judge is a particular
incident, conversation, or utterance by the judge which was not known to
the party or to the party's attorney within the 7-day period.
RULE 4.1
AUTHORITY OF COURTS PENDING APPEAL
(a) Superior Court. After a notice of appeal has been filed, the
superior court has authority to perform all acts necessary to secure the
fair and orderly review of the case.
(b) Court of Limited Jurisdiction. After a notice of appeal has been
filed, and while the case is on appeal, the court of limited jurisdiction
has authority to act in a case only to the extent provided in these rules,
unless the superior court limits or expands that authority in a particular case.
(c) Questions Relating to Indigency. The court of limited jurisdiction
has authority to decide questions relating to indigency.
(d) Attorney Fees and Costs. When a party is entitled to an award of
attorney fees or costs, the court of limited jurisdiction has authority to
determine such an award for a party's efforts in the court of limited
jurisdiction. A party may obtain review of a court of limited
jurisdiction's decision on attorney fees or costs in the same review
proceeding as that challenging the judgment without filing a separate
notice of appeal.
[Amended effective September 1, 2006.]
RULE 4.2
ENFORCEMENT OF JUDGMENT
(a) Civil Case. A party may not enforce a civil
judgment of a court of limited jurisdiction until 30 days
after the entry of the judgment. Thereafter, a party may
enforce the judgment in the court of limited jurisdiction
unless enforcement is stayed as provided in Rule 4.3.
(b) Criminal Case. A sentence in a criminal case will be enforced by
the court of limited jurisdiction if the defendant appeals and fails to
stay enforcement of sentence as provided in rule 4.3(b).
(c) Statutes Control. Except as otherwise provided in these rules,
statutes and other rules relating to enforcement of a judgment and a
sentence are applicable.
RULE 4.3
STAY OF ENFORCEMENT OF JUDGMENT
(a) Civil Case. The superior court may stay enforcement
of a judgment in a civil case after a notice of appeal has
been filed. The superior court may impose the same
conditions on the granting of a stay as those imposable on
parties before the courts of appeals.
(b) Criminal Case. In a criminal case, the court of
limited jurisdiction has authority, subject to RCW 9.95.062
and 9.95.064, to stay enforcement of the sentence pending
appeal and to fix conditions of release. Where the sentence
is stayed pending appeal, the court of limited jurisdiction
has authority to revoke the stay upon proof of violation of
the conditions of release.
Amended 12/02/99
RULE 5.1
RECORDING GENERALLY
(a) Generally. The proceedings in a court of limited jurisdiction shall
be recorded by electronic means, unless the parties agree that some other
form of record shall be prepared at the parties' own expense or that no
record of the proceedings is necessary. This title applies to proceedings
which are to be recorded by electronic means.
(b) Nonelectronic Record in Emergency. In the event of an equipment
failure or other situation making an electronic recording impossible, the
court may order the proceeding to be recorded by nonelectronic means. The
nonelectronic record must be made at the courts expense, and in the event
of an appeal, any necessary transcription of the nonelectronic record must
be made at the courts expense.
RULE 5.2
STATEMENTS TO BE MADE ON THE RECORD
(a) Generally. At the beginning of the case, the judge of the court of
limited jurisdiction shall state on the record the name and number of the
case and the names of the attorneys for the parties who are represented by
counsel. During the trial of the case, the judge shall state on the record
or have stated on the record the names of any or all witnesses as they
appear in the course of the proceeding.
(b) Decision, Findings, Conclusions. In all actions tried upon the
facts without a jury or with an advisory jury the court shall state
separately its findings of fact and conclusions of law. Judgment shall be
entered pursuant to CRLJ 58 or CrRLJ 7.3 and may be entered at the same
time as the entry of the findings of fact and the conclusions of law. If a
written opinion or memorandum of decision is filed, it will be sufficient
if formal findings of fact and conclusions of law are included.
RULE 5.3
LOG
The judge of the court of limited jurisdiction shall cause a written
log to be maintained separate from the recording indicating the location on
the electronic record of relevant events in the proceedings, including but
not limited to the beginning of the proceeding, the beginning and ending of
the testimony of each witness, the decision of the court, and the end of
the proceeding.
RULE 5.4
LOSS OR DAMAGE OF ELECTRONIC RECORD
In the event of loss or damage of the electronic record, or any
significant or material portion thereof, the appellant, upon motion to the
superior court, shall be entitled to a new trial, but only if the loss or
damage of the record is not attributable to the appellant's malfeasance. In
lieu of a new trial, the parties may stipulate to a nonelectronic record as
provided in rule 6.1(b). The court of limited jurisdiction shall have the
authority to determine whether or not significant or material portions of
the electronic record have been lost or damaged, subject to review by the
superior court upon motion.
RALJ RULE 6.1
CONTENTS OF RECORD
(a) Generally. Except as provided in section (b), the record of
proceedings in the court of limited jurisdiction for appeal shall
include the original or a copy of the log prepared for the recording,
and the originals or copies of the docket, pleadings, exhibits, orders,
and other papers filed with the clerk of the court of limited jurisdiction.
(b) Agreed Record. The parties may agree to a form of record other
than that provided by section (a), including but not limited to an
agreed narrative report of the proceedings in the court of limited
jurisdiction. An agreed form of record may be used only if approved by
the court of limited jurisdiction.
RULE 6.2
TRANSMITTAL OF RECORD OF PROCEEDINGS
(a) Transmittal Generally. The party seeking review shall, within 14
days of filing the notice of appeal, serve on all other parties and file
with the clerk of the court of limited jurisdiction a designation of those
portions of the record that the party wants the clerk to transmit to the
superior court. Any party may supplement the designation of the record
prior to or with the party's last brief. Thereafter, a party may supplement
the designation only by order of the superior court, upon motion. Each
party is encouraged to designate only documents and exhibits needed to
review the issues presented to the superior court. Within 14 days after the
designation is filed, the clerk of the court of limited jurisdiction shall
prepare the record and notify each party that the record is ready to
transmit and the amount to be paid by each party. Each party shall pay for
the cost of preparing the portion of the record designated by that party
within 10 days of the clerk's notification, unless the party has been
excused from paying by the court. Promptly after receiving payment, or
after preparing the record in cases where payment is excused, the clerk of
the court of limited jurisdiction shall certify that the record is true and
complete, transmit it to the superior court, and notify the parties that
the record has been transmitted.
(b) Cumbersome Exhibits. The clerk of the court of limited jurisdiction
shall notify the superior court of exhibits which are difficult or
unusually expensive to transmit. The exhibits shall be transmitted only if
the superior court directs or if a party makes arrangements with the clerk
to transmit the exhibits at the expense of the party requesting the
transfer of exhibits.
RULE 6.3
COPY OF RECORDING FOR PARTIES
The clerk of the court of limited jurisdiction shall provide any party
with a copy of all or part of the record of proceedings and the log for the
record upon request and upon the payment of the actual expense for
preparation of the requested copy.
RULE 6.3.1
TRANSCRIPT OF ELECTRONIC RECORD
(a) Transcript by Appellant. Unless the superior court
orders otherwise, the appellant shall transcribe the
electronic recording of proceedings as provided in section
(c) of this rule. The transcript shall be filed and served
with the appellant's brief.
(b) Transcript by Respondent. If the respondent wishes
to add to or challenge the transcript of the recording of
proceedings, the respondent shall file and serve an
additional transcript with the respondent's brief.
(c) Content of Transcript. The transcript shall contain
only those portions of the electronic recording necessary to
present the issues raised on appeal. If the appellant
intends to urge that a verdict or finding of fact is not
supported by the evidence, the appellant shall include in
the transcript all testimony relevant to the disputed
verdict or finding. If the appellant intends to urge that
the court erred in giving or failing to give an instruction,
the appellant shall include all objections to the
instructions given and refused and the court's rulings.
(d) Transcript Generally.
(1) Form. The transcript may be printed, typed, or
neatly handwritten, and need not be certified by a notary
public.
(2) Certification. The person preparing the transcript
shall certify or declare under penalty of perjury that it is
true and correct in accordance with RCW 9A.72.085 or any law
amendatory thereof.
(3) Disputes. Disputes concerning the completeness or
accuracy of the transcript shall be decided by the superior
court.
(e) Additional Transcript. The superior court may order
a party to prepare an additional transcript.
(f) No Transcript if Agreed Record. No transcript shall
be required if the parties have agreed on a written form of
record approved by the court of limited jurisdiction,
pursuant to rule 6.1(b).
(g) Cost of Transcript. Any cost or expense in preparing
a transcript shall be borne by the party providing it. The
expense may be allowed as a cost in accordance with rule
9.3.
[Amended effective June 25, 2002]
RALJ 6.4
TRANSMITTAL OF RECORD OF PROCEEDINGS ON DISCRETIONARY REVIEW
AND RETURN OF RECORD FOLLOWING TERMINATION OF APPEAL
When a party has filed a notice for discretionary review
of the superior court decision, the record of proceedings
and the transcript of the electronic record considered by
the superior court on direct appeal shall be transmitted to
the appellate court. Upon completion of the appeal and any
subsequent proceedings for review by the Court of Appeals or
Supreme Court, the superior court shall return to the court
of limited jurisdiction the record of proceedings
transmitted pursuant to RALJ 6.1(a). Transcripts provided
pursuant to RALJ 6.3A shall not be returned to the court of
limited jurisdiction.
[Amended effective September 1, 2002.]
RULE 7.1
GENERALLY
Each party shall file a brief. The superior court may order a party to
file additional briefs or may order that the requirement to file briefs be
waived. An appellant may file a reply brief as a matter of right.
RULE 7.2
TIME FOR FILING BRIEFS
(a) Brief of Appellant. The brief of an appellant shall
be served on all other parties and filed with the superior
court within 45 days after filing of the notice of appeal
with the superior court.
(b) Brief of Respondent. The brief of a respondent shall
be served on all other parties and filed with the superior
court within 30 days after service of the brief of
appellant.
(c) Reply Brief. A reply brief shall be filed within 14
days of service of the brief to which it responds, or at
such other time as the superior court orders. A reply brief
shall be filed no later than 7 days before the day set for
argument by the superior court.
(d) Briefing Schedule. If an appeal is preassigned to a
judicial department, the court may issue a briefing schedule
that allows for complete presentation of all significant
issues, and is consistent with the Advisory Case Processing
Time Standards endorsed by the Board for Judicial
Administration.
[Amended December 5, 2002]
RULE 7.3.
FORMAT OF BRIEFS
(a) Typing or Printing Brief. All briefs shall conform to the
requirements of GR 14. In addition, the text of any brief typed or printed
in a proportionally spaced typeface must appear in print as 12 point or
larger type with no more than 10 characters per inch and double-spaced.
The same typeface and print size should be standard throughout the brief,
except that footnotes may appear in print as 10 point or larger type and be
the equivalent of single-spaced. Quotations may be the equivalent of
single-spaced. Except for materials in an appendix, the typewritten or
printed material in the brief may not be reduced or condensed by
photographic or other means.
(b) Length of Brief. The briefs of appellant and respondent filed
pursuant to RALJ 7.2(a) and (b) shall not exceed 18 pages. Reply briefs
filed pursuant to RALJ 7.2(c) shall not exceed 6 pages. For the purpose
of determining compliance with this rule, appendices are not included. For
good cause, the court may grant a motion to file an over-length brief.
(c) Unpublished Opinions. [Reserved. See GR 14.1.]
[Adopted effective September 1, 2005; September 1, 2007.]
RULE 8.1
WHO MAY PRESENT ARGUMENT
A party of record who has failed to file a brief may
present oral argument only with leave of court.
RULE 8.2
POSTPONEMENT OF ARGUMENT
The superior court may postpone the time set for oral argument for
reasonable cause.
RULE 8.3
TIME ALLOWED AND ORDER OF ARGUMENT
Each side shall be allowed 10 minutes for oral argument, or longer if
ordered by the superior court. The first party to file a notice of appeal
is entitled to open and conclude oral argument, unless otherwise ordered by
the court.
RULE 8.4.
WAIVER OF ORAL ARGUMENT
The parties may, at any time, agree to waive oral
argument and submit the matter for consideration by the
court on the briefs that have been submitted. The court
may, on its own initiative, direct that there be no oral
argument, once it has received the brief of appellant and
the brief of respondent.
[Adopted effective September 1, 2005]
RULE 9.1
BASIS FOR DECISION ON APPEAL
(a) Errors of Law. The superior court shall review the
decision of the court of limited jurisdiction to determine
whether that court has committed any errors of law.
(b) Factual Determinations. The superior court shall
accept those factual determinations supported by substantial
evidence in the record (1) which were expressly made by the
court of limited jurisdiction, or (2) that may reasonably be
inferred from the judgment of the court of limited
jurisdiction.
(c) {Reserved.}
(d) Final Judgment Not Designated in Notice. The
superior court will review a final judgment not designated
in the notice of appeal only if the notice designates an
order deciding a timely posttrial motion based on (1) CrRLJ
7.4 (arrest of judgment), (2) CrRLJ 7.5 (new trial), or (3)
CRLJ 59 (new trial, reconsideration, and amendment of
judgments).
(e) Disposition on Appeal Generally. The superior court
may reverse, affirm, or modify the decision of the court of
limited jurisdiction or remand the case back to that court
for further proceedings.
(f) Limitation on Modification of Sentence. The superior
court shall not modify the sentence imposed in a criminal
case unless the sentence is incorrect as a matter of law.
(g) Form of Decision. The decision of the superior court
shall be in writing and filed in the clerks office with the
other papers in the case. The reasons for the decision shall
be stated.
(h) Discretionary Review. The decision of the superior
court on appeal is subject to discretionary review pursuant
to RAP 2.3(d).
(Amended 11/7/95)
RALJ 9.2
ENTRY OF DECISION AND ENFORCEMENT OF
JUDGMENT
(a) Entry of Decision In Superior Court. The decision of
the superior court shall be entered immediately after it is
signed by the judge, and shall be deemed entered for all
procedural purposes from the time of delivery to the
superior court clerk for filing.
(b) Transmittal of Superior Court Mandate. The clerk of
the superior court shall transmit written notification of
the superior court's decision to the court of limited
jurisdiction and to each party not earlier than 30 days nor
later than 60 days from the filing of the decision in
superior court, unless a party files a timely notice for
discretionary review.
(c) Entry of Decision in Court of Limited Jurisdiction.
The court of limited jurisdiction shall comply with the
mandate of the superior court and shall enter the judgment
for enforcement in the court of limited jurisdiction.
(d) Enforcement of Judgment in Court of Limited
Jurisdiction. Except as otherwise provided in these rules,
enforcement of a judgment following termination of appeal
shall be in the court of limited jurisdiction.
(e) Registration of Judgment in Superior Court. A
judgment entered in the court of limited jurisdiction may be
registered and enforced in the superior court as authorized
by law.
[Amended effective November 7, 1995; amended effective
September 1, 2002.]
RULE 9.3
COSTS
(a) Party Entitled to Costs. The party that substantially prevails on appeal
shall be awarded costs on appeal. Costs will be imposed against a party whose
appeal is involuntarily dismissed. Costs will be awarded in a case dismissed by
reason of a voluntary withdrawal of an appeal only if the superior court so
directs at the time the order is entered permitting the voluntary withdrawal of
the appeal.
(b) How Claimed. Costs must be claimed by serving a cost bill on all parties
and filing it in the superior court within 10 days after entry of the superior
court decision on the appeal. The party should itemize each item of expense
claimed in the cost bill.
(c) Expenses Allowed as Costs. Only the reasonable expenses actually
incurred by a party for the following items which were reasonably necessary for
review may be awarded to a party as costs: (1) statutory attorney fees allowed
for a superior court nonjury trial, (2) the superior court filing fee, (3) the
expense of obtaining a copy of the record of proceedings and the log for the
record as provided in rule 6.3, (4) the cost of preparing the transcript as
required by rule 6.3A, (5) the expense of bonds given in connection with the
appeal, and (6) such other sums as provided by statute.
(d) Objections to Costs Claimed. A party may object to items in the cost
bill of another party by serving on all parties and filing with the superior
court objections to the cost bill within 10 days after service of the cost bill
upon the party.
(e) Award of Costs. The superior court judge who decided the appeal shall be
informed by the parties if a dispute arises over costs. The judge shall decide
the dispute promptly after learning of it, without oral argument unless the
judge otherwise directs.
(f) Judgment for Costs. The costs claimed by a party shall be deemed awarded
unless another party files and serves written objections within the time
provided by section (d). The clerk of the superior court shall transmit a copy
of the cost bill and any superior court decision allowing costs to the court of
limited jurisdiction and a copy of the decision to each party. The costs awarded
to a party shall become a part of any judgment entered under rule 9.2(c).
(g) Reasonable Attorney Fees. A request for reasonable attorney fees should
not be made in the cost bill. The request should be made as provided in rule 11.2.
[Amended effective November 25, 2003.]
RULE 10.1
VIOLATION OF RULES GENERALLY
The superior court on its own initiative or on motion of a party may
order a party or counsel who uses these rules for the purpose of delay or
who fails to comply with these rules to pay terms of compensatory damages
to any other party who has been harmed by the delay or the failure to
comply. The superior court may condition a party's right to participate
further in the appeal on compliance with the terms of a sanction order,
including an order directing payment of an award by a party. If an award is
not paid within the time specified by the superior court, the superior
court shall direct the entry of a judgment in accordance with the award.
RULE 10.2
DISMISSAL OF APPEAL
(a) Involuntary Dismissal. The superior court will, on motion of a party or
on its own motion after 14 days' notice to the parties, dismiss an appeal of the
case (1) except as provided in rule 10.3(c)(1), for failure to timely file a
notice of appeal, or (2) for want of prosecution if the party appealing has
abandoned the appeal. Unless good cause is shown, an appeal will be deemed
abandoned if there has been no action of record for 90 days.
(b) [Reserved.]
(c) Voluntary Withdrawal of Appeal. The superior court may, in its
discretion, dismiss an appeal on stipulation of all the parties and, in criminal
cases, the written consent of the defendant. The superior court may, in its
discretion, dismiss an appeal on the motion of a party who has filed a notice of
appeal.
[Amended effective November 25, 2003.]
RULE 10.3
EXTENSION AND REDUCTION OF TIME
(a) Generally. The superior court may, on its own
initiative or on motion of a party, enlarge or shorten the
time within which an act must be done in a particular case
in order to serve the ends of justice, subject to the
restrictions in section (c).
(b) Procedure for Motion. A party moving to extend or
reduce time shall file a written motion with the Superior
Court and serve it upon all non-moving parties. the motion
shall state (1) the date the act is scheduled or required to
occur; (2) the new date requested; and (3) the specific
reasons for the motion. The motion shall be considered
without oral argument unless called for by the superior
court. A non-moving party may respond to the motion in
writing. A response must be filed with the superior court
and served upon the moving party within five days after
service of the motion to extend or reduce time.
(c) Restrictions on Extension of Time.
(1) The superior court will only in extraordinary
circumstances and to prevent a gross miscarriage of justice
extend the time within which a party must file a notice of
appeal. The superior court will ordinarily hold that the
desirability of finality of decisions outweighs the
privilege of a litigant to obtain an extension of time under
this section. A motion to extend time is determined by the
superior court to which the untimely notice of appeal is
directed.
(2) The superior court will not enlarge the time
provided in rule 9.2 within which the superior court enters
and transmits its decision.
(d) Terms. The remedy for violation of these rules is
set forth in rule 10.1. The superior court may condition
the exercise of its authority under this rule by imposing
terms as provided in rule 10.1.
RULE 11.1
REVIEW OF DECISIONS OF A COURT OF LIMITED JURIS-
DICTION ON MATTERS OF APPELLATE
PROCEDURE
A party may object to and obtain review of a decision of a court of
limited jurisdiction on matters of appellate procedure, including but not
limited to enforcement of a judgment or sentence, by motion in the superior
court.
RULE 11.2
LAWYER'S FEES AND EXPENSES
(a) Generally. If applicable law grants to a party the right to recover
reasonable lawyer's fees or expenses, the party should request the fees or
expenses as provided in this rule.
(b) Statutes Control. If a statute gives a party the right to recover
lawyer's fees or expenses under certain circumstances for services in a
court of limited jurisdiction, a party is entitled to fees and expenses
under similar circumstances for services on an appeal to the superior
court.
(c) Argument in Brief. The party should devote a section of the brief
to the request for the fees or expenses.
(d) Affidavit. At or before oral argument, the party should serve and
file an affidavit in the superior court detailing the expenses incurred and
the services performed by counsel.
(e) Oral Argument. A party should include in oral argument a request
for the fee or expenses and a reference to the affidavit on file.
RULE 11.3
TITLE OF CASE
The title of the case in the superior court shall be the same as in the
court of limited jurisdiction unless otherwise ordered by the court.
RULE 11.4
EFFECT OF REVERSAL ON INTERVENING RIGHTS
If a party has voluntarily or involuntarily partially or wholly
satisfied a judgment of a court of limited jurisdiction which is modified
by the superior court on appeal, the superior court shall enter orders and
authorize the issuance of process appropriate to restore to the party any
property taken from that party, or the value of the property. An interest
in property acquired by a purchaser in good faith, under a judgment
subsequently reversed or modified, shall not be affected by the reversal or
modification of that judgment.
RULE 11.5
FORMS
A person may use any form which substantially complies with these
rules.
RULE 11.6
SERVICE, FILING, AND SIGNING OF PAPERS
CR 5 and CrR 8.4 apply to the service and filing of papers under these
rules. None of the papers required by these rules to be served are original
process. All briefs and motions signed by an attorney shall include the
attorneys Washington State Bar Association membership number in the
signature block.
RULE 11.7
APPLICATION OF OTHER COURT RULES
(a) Civil Rules. The following Superior Court Civil Rules are
applicable to appellate proceedings in civil cases in the superior court
when not in conflict with the purpose or intent of these rules and when
application is practicable: CR 1 (scope of rules), CR 2A (stipulations), CR
6 (time), CR 7(b) (form of motions), CR 11 (signing of pleadings), CR 25
(substitution of parties), CR 40(a)(2) (notice of issues of law), CR 42
(consolidation; separate trials), CR 46 (exceptions unnecessary), CR 54(a)
(judgments and orders), CR 60 (relief from judgment or order), CR 71
(withdrawal by attorney), CR 77 (superior courts and judicial officers), CR
78 (clerks), CR 79 (books and records kept by the clerk), CR 80 (court
reporters), and CR 83 (local rules of superior court).
(b) Criminal Rules. The following Superior Court Criminal Rules are
applicable to appellate proceedings in criminal cases in the superior court
when not in conflict with the purpose or intent of these rules and when
application is practicable: CrR 1.1 (scope), CrR 1.2 (purpose and
construction), CrR 1.4 (prosecuting attorney definition), CrR 3.1 (right to
and assignment of counsel), CrR 7.1 (sentencing), CrR 7.2 (presentence
investigation), CrR 8.1 (time), CrR 8.2 (motions), CrR 8.5 (calendars), CrR
8. 6 (exceptions unnecessary), CrR 8.7 (objections), and CrR 8.8
(discharge).
(c) Civil Rules for Courts of Limited Jurisdiction. The following Civil
Rules for Courts of Limited Jurisdiction are applicable to appellate
proceedings in civil cases in the court of limited jurisdiction when not in
conflict with the purpose or intent of these rules and when application is
practicable: CRLJ 5 (service and filing), CRLJ 6 (time), CRLJ 7(b)
(motions), CRLJ 8 (general rules of pleading), CRLJ 10 (form of pleadings),
CRLJ 11 (verification and signing of pleadings), CRLJ 25 (substitution of
parties), CRLJ 40(b) (disqualification of judge), and CRLJ 60 (relief from
judgment or order).
(d) Criminal Rules for Courts of Limited Jurisdiction. The following
Criminal Rules for Courts of Limited Jurisdiction are applicable to
appellate proceedings in criminal cases in the court of limited
jurisdiction when not in conflict with the purpose or intent of these rules
and when application is practicable: CrRLJ 1.7 (local court rules--
availability), CrRLJ 1.5 (style and form), CrRLJ 3.1 (right to and
assignment of lawyer), CrRLJ 8.9 (disqualification of judge), CrRLJ 8.9(c)
(disqualification of judge--transfer), CrRLJ 7.8(a) (clerical mistakes),
CrRLJ 8.1 (time), and CrRLJ 8.2 (motions). (Editorial Note: Effective
September 1, 1987, Justice Court Criminal Rules (JCrR) were retitled
Criminal Rules for Courts of Limited Jurisdiction (CrRLJ). Effective
September 1, 1989, Justice Court Civil Rules (JCR) were retitled Civil
Rules for Courts of Limited Jurisdiction (CRLJ).)
RULE 11.8
LOCAL COURT RULES--AVAILABILITY
Courts to which these rules apply may adopt in accordance with GR 7
such local rules not inconsistent with these general rules as they may deem
necessary for their respective courts. The court, upon the adoption of such
rules, shall keep a copy of them readily available for inspection.
RULE 11.9
TITLE AND CITATION OF RULES
These rules shall be known and cited as the Rules for Appeal of
Decisions of Courts of Limited Jurisdiction. RALJ is the official
abbreviation.
CIVIL RULES FOR COURTS OF LIMITED JURISDICTION
(CRLJ)
TABLE OF RULES
1. INTRODUCTORY
Rule
1 Scope of Rules
2 One Form of Action
2A Stipulations
2. COMMENCEMENT OF ACTION; SERVICE OF PROCESS,
PLEADINGS, MOTIONS, AND ORDERS
3 Commencement of Action
4 Process
4.2 Process - Limited Representation
5 Service and Filing of Pleadings and Other Papers
6 Time
3. PLEADINGS AND MOTIONS
7 Pleadings Allowed: Form of Motions
8 General Rules of Pleading
9 Pleading Special Matters
10 Form of Pleadings
11 Signing and Drafting of Pleadings, Motions, and Legal Memoranda: Sanctions
12 Defenses and Objections
13 Counterclaim and Cross Claim
13.04 Setoffs Against Assignees (Rescinded)
14 Third Party Practice
14A Removal to Superior Court
15 Amended and Supplemental Pleadings
16 Reserved
4. PARTIES
17 Parties Plaintiff and Defendant; Capacity
18 Joinder of Claims and Remedies
19 Joinder of Persons Needed for Just Adjudication
20 Permissive Joinder of Parties
21 Misjoinder and Nonjoinder of Parties
22 Interpleader
23 Reserved
24 Intervention
25 Substitution of Parties
5. DEPOSITIONS AND DISCOVERY
26 Discovery
27-37 Reserved
6. TRIALS
38 Jury Trial
39 Reserved
40 Assignment of Cases
41 Dismissal of Actions
42 Consolidation; Separate Trials
43 Taking of Testimony
44 Proof of Official Record
44.1 Determination of Foreign Law
45 Subpoena
46 Exceptions Unnecessary
47 Jurors
48 Juries of Fewer Than Six (Reserved)
49 Verdicts
50 Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings
51 Instructions to Jury and Deliberation
52 Findings by the Court (Reserved)
53 Masters (Reserved)
53.1 Referees (Reserved)
53.2 Court Commissioners (Reserved)
7. JUDGMENTS
54 Judgments; Costs
55 Default
56 Summary Judgment
57 Reserved
58 Entry of Judgment
59 New Trial, Reconsideration, and Amendment of Judgments
60 Relief From Judgment or Order
61 Harmless Error (Reserved)
62 Stay of Proceedings To Enforce a Judgment
63 Judges--Disability
8. PROVISIONAL AND FINAL REMEDIES AND
SPECIAL PROCEEDINGS
64 Garnishment (Rescinded)
65-67 Reserved
68 Offer of Judgment
69 Reserved
70.1 Appearance by Attorney
71 Withdrawal by Attorney
9. APPEALS
72 Appeal to Superior Court
73 Trial de Novo
74 Reserved
75 Record on Trial de Novo
75A Electronic Recording of Small Claims Proceedings
76 Reserved
10. COURT AND CLERKS
77 Reserved
77.04 Administration of Oath
78-80 Reserved
11. GENERAL PROVISIONS
81 Applicability in General
82 Jurisdiction and Venue--Unaffected
83 Local Rules
84 Reserved
85 Title
86 Effective Date
12. MISCELLANEOUS PROCEEDINGS RULES
86.04--99.04 Reserved
RULE CRLJ 1
SCOPE OF RULES
These rules govern the procedure in all trial courts of
limited jurisdiction in all suits of a civil nature, with the
exceptions stated in rule 81. They shall be construed and
administered to secure the just, speedy, and inexpensive
determination of every action.
[Adopted effective September 1, 1984; September 1, 2005.]
RULE 2
ONE FORM OF ACTION
There shall be one form of action to be known as "civil action."
RULE 2A
STIPULATIONS
No agreement or consent between parties or attorneys in respect to the
proceedings in a cause, the purport of which is disputed, will be regarded
by the court unless the same shall have been made and assented to in open
court on the record, or entered in the minutes, or unless the evidence
thereof shall be in writing and subscribed by the attorneys denying the
same.
RULE 3
COMMENCEMENT OF ACTION
A civil action is commenced by filing with the court a complaint signed
as required by rule 11.
RULE CRLJ 4
PROCESS
(a) Summons--Issuance.
(1) The summons must be signed and dated by the plaintiff or
his attorney, and directed to the defendant requiring him to
defend the action and to serve a copy of his appearance or
defense on the person whose name is signed on the summons, and to
file a copy of his appearance or defense with the court.
(2) Unless a statute or rule provides for a different time
requirement, the summons shall require the defendant to serve and
file a copy of his defense within 20 days after the service of
summons, exclusive of the day of service. If a statute or rule
other than this rule provides for a different time to serve a
defense, that time shall be stated in the summons.
(3) A notice of appearance, if made, shall be in writing,
shall be signed by the defendant or his attorney, and shall be
served upon the person whose name is signed on the summons and
filed with the court.
(4) No summons is necessary for a counterclaim or cross claim
for any person who previously has been made a party.
Counterclaims and cross claims against an existing party may be
served as provided in rule 5.
(b) Summons.
(1) Contents. The summons for personal service shall contain:
(i) the title of the cause, specifying the name of the court
in which the action is brought, the name of the county designated
by the plaintiff as the place of trial, and the names of the
parties to the action, plaintiff and defendant;
(ii) a direction to the defendant summoning him to serve a
copy of his defense within a time stated in the summons and to
file with the court a copy of his defense within the time stated
in the summons;
(2) Form. The summons for personal service in the state shall
be substantially in the following form:
(NAME AND LOCATION OF COURT)
_______________, )
Plaintiff, ) No. ______
v. )
_______________, ) SUMMONS (20 days)
Defendant. )
TO THE DEFENDANT: A lawsuit has been started against you in
the above entitled court by _______________, plaintiff.
Plaintiff's claim is stated in the written complaint, a copy of
which is served upon you with this summons.
In order to defend against this lawsuit, you must respond to
the complaint by stating your defense in writing, and serve a
copy upon the person signing this summons within 20 days after
the service of this summons, excluding the day of service, or a
default judgment may be entered against you without notice. A
default judgment is one where plaintiff is entitled to what he
asks for because you have not responded. If you serve a notice of
appearance on the undersigned person you are entitled to notice
before a default judgment may be entered.
Any response or notice of appearance which you serve on any
party to this lawsuit must also be filed by you with the court
within 20 days after the service of summons, excluding the day of service.
If you wish to seek the advice of an attorney in this matter,
you should do so promptly so that your written response, if any,
may be served on time.
This summons is issued pursuant to rule 4 of the Civil Rules
for Courts of Limited Jurisdiction.
(signed) _______________________________
________________________________________
Print or Type Name
( ) Plaintiff ( ) Plaintiff's Attorney
P. O. Address ___________________________
Dated __________________ Telephone Number _______________________
(c) By Whom Served. Service of summons and complaint may be
made by the sheriff or a deputy of the county or district in
which the court is located or by any person over the age of 18
years and who is competent to be a witness and is not a party to the action.
(d) Service.
(1) Of Summons and Complaint. The summons and complaint shall
be served together.
(2) Personal in State. Personal service of summons and other
process shall be as provided in RCW 4.28.080-.090, 23B.05.040,
23B.15.100, 46.64.040, and 48.05.200 and .210, and other statutes
which provide for personal service
(e) Service by Publication and Personal Service Out of the Jurisdiction.
(1) When the defendant cannot be found within the territorial
jurisdiction of the court (of which the return of the sheriff of
the county in which the action is brought, that the defendant
cannot be found in the county, is prima facie evidence), and upon
filing of an affidavit of the plaintiff, his agent, or attorney,
with the court stating that he believes that the defendant is not
a resident of the county, or cannot be found therein, and that he
has deposited a copy of the summons (substantially in the form
prescribed in this rule) and complaint in the post office,
directed to the defendant at his place of residence, unless it is
stated in the affidavit that such residence is not known to the
affiant, and stating the existence of one of the cases
hereinafter specified, the service may be made by publication of
the summons by the plaintiff or his attorney in any of the
following cases:
(i) when the defendant is a foreign corporation, and has
property within the county;
(ii) when the defendant, being a resident of the county, has
departed therefrom with intent to defraud his creditors, or to
avoid the service of a notice and complaint, or keeps himself
concealed therein with like intent;
(iii) when the defendant is not a resident of the county, but
has property therein which has been brought under the control of
the court by seizure or some equivalent act;
(iv) when the subject of the action is personal property in
the county, and the defendant has or claims a lien or interest,
actual or contingent, therein, and the relief demanded consists
wholly, or partially, in excluding the defendant from any
interest or lien therein;
(v) when the action is brought under RCW 4.08.160 and
4.08.170 to determine conflicting claims to personal property in
the county.
(2) The publication shall be made in the same manner and in
the same form as a summons by publication in superior court (see
RCW 4.28.100), with appropriate adjustments for the name and
location of the court.
(3) Personal service on the defendant out of the territorial
jurisdiction of the court shall be equivalent to service by
publication, and the notice to the defendant out of the county
shall contain the same as the notice by publication and shall
require the defendant to appear at a time and place certain which
shall not be less than 30 days from the date of service.
(4) Service made in the modes provided in this section 4(e)
shall not alone be taken and held to give the court jurisdiction
over the person of the defendant. By such service the court only
acquires jurisdiction to give a judgment which is effective as to
property or debts attached or garnished in connection with the
suit or other property which properly forms the basis of
jurisdiction of the court. If the defendant appears in a suit
commenced by such service the court shall have jurisdiction over
his person. The defendant may appear specially and solely to
challenge jurisdiction over property or debts attached or
garnished or other property within the jurisdiction of the court.
(f) Alternative to Service by Publication. In circumstances
justifying service by publication, if the serving party files an
affidavit stating facts from which the court determines that
service by mail is just as likely to give actual notice as
service by publication, the court may order that service be made
by any person over 18 years of age, who is competent to be a
witness, other than a party, by mailing copies of the summons and
other process to the party to be served at his last known address
or any other address determined by the court to be appropriate.
Two copies shall be mailed, postage prepaid, one by ordinary
first class mail and the other by a form of mail requiring a
signed receipt showing when and to whom it was delivered. The
envelopes must bear the return address of the sender. The summons
shall contain the date it was deposited in the mail and shall
require the defendant to appear and answer the complaint within
90 days from the date of mailing. Service under this subsection
has the same jurisdictional effect as service by publication.
(g) Appearance. A voluntary appearance of a defendant does
not preclude his right to challenge lack of jurisdiction over his
person, insufficiency of process, or insufficiency of service of
process pursuant to rule 12(b).
(h) Territorial Limits of Effective Service. All process
other than a subpoena may be served anywhere within the
territorial limits of the state, and when a statute or these
rules so provide beyond the territorial limits of the state. A
subpoena may be served within the territorial limits provided in
rule 45 and RCW 5.56.010.
(i) Return of Service. Proof of service shall be as follows:
(1) If served by the sheriff or his deputy, the return of the
sheriff or his deputy endorsed upon or attached to the summons;
(2) If served by any other person, his affidavit of service
endorsed upon or attached to the summons; or
(3) If served by publication, the affidavit of the publisher,
foreman, principal clerk, or business manager of the newspaper
showing the same, together with a printed copy of the summons as
published; or
(4) If served as provided in section (f), the affidavit of
the serving party stating that copies of the summons and other
process were sent by mail in accordance with the rule and
directions by the court, and stating to whom, and when, the
envelopes were mailed;
(5) The written acceptance or admission of the defendant, his
agent or attorney;
(6) In case of personal service out of the state, the
affidavit of the person making the service, sworn to before a
notary public, with a seal attached, or before a clerk of a court
of record;
(7) In case of service otherwise than by publication, the
return, acceptance, admission, or affidavit must state the time,
place, and manner of service. Failure to make proof of service
does not affect the validity of the service.
(j) Amendment of Process. At any time in its discretion and
upon such terms as it deems just, the court may allow any process
or proof of service thereof to be amended, unless it clearly
appears that material prejudice would result to the substantial
rights of the party against whom the process is issued.
[Amended effective September 1, 1994; September 1, 1996; September 1, 2000.]
RULE CRLJ 4.2
PROCESS – LIMITED REPRESENTATION
(a) An attorney may undertake to provide limited representation
in accordance with RPC 1.2 to a person involved in a court
proceeding.
(b) Providing limited representation of a person under these
rules shall not constitute an entry of appearance by the attorney
for purposes of CR 5(b) and does not authorize or require the
service or delivery of pleadings, papers or other documents upon
the attorney under CRLJ 5(b). Representation of the person by
the attorney at any proceeding before a judge, magistrate, or
other judicial officer on behalf of the person constitutes an
entry of appearance pursuant to RCW 4.28.210 and CRLJ 4(a)(3),
except to the extent that a limited notice of appearance as
provided for under CRLJ 70.1 is filed and served prior to or
simultaneous with the actual appearance. The attorney’s
violation of this Rule may subject the attorney to the sanctions
provided in CRLJ 11(a).
[Effective October 29, 2002]
RULE 5
SERVICE AND FILING OF PLEADINGS
AND OTHER PAPERS
(a) Service: When Required. Except as otherwise provided in
these rules, every order required by its terms to be served,
every pleading subsequent to the original complaint unless the
court otherwise orders because of numerous defendants, every
paper relating to discovery required to be served upon a party
unless the court otherwise orders, every written motion other
than one which may be heard ex parte, and every written notice,
appearance, demand, offer of judgment, designation of record on
appeal, and similar paper shall be served upon each of the
parties. No service need be made on parties in default for
failure to appear except that pleadings asserting new or
additional claims for relief against them shall be served upon
them in the manner provided for service of summons in rule 4. In
an action begun by seizure of property, in which no person need
be or is named as defendant, any service required to be made
prior to the filing of an answer claim, or appearance shall be
made upon the person having custody or possession of the property
at the time of its seizure.
(b) Service: How Made.
(1) On Attorney or Party. Whenever under these rules service
is required or permitted to be made upon a party represented by
an attorney the service shall be made upon the attorney unless
service upon the party himself is ordered by the court. Service
upon the attorney or upon a party shall be made by delivering a
copy to him or by mailing it to him at his last known address or,
if no address is known, filing with the clerk of the court an
affidavit of attempt to serve. Delivery of a copy within this
rule means: handing it to the attorney or to the party; or
leaving it at his office with his clerk or other person in charge
thereof; or, if there is no one in charge, leaving it in a
conspicuous place therein; or, if the office is closed or the
person to be served has no office, leaving it at his dwelling
house or usual place of abode with some person of suitable age
and discretion then residing therein. Service on an attorney is
subject to the restrictions in subsections (b)(4) and (5) of this
rule and in rule 71, Withdrawal by Attorneys.
(2) Service by Mail.
(i) How made. If service is made by mail, the papers shall be
deposited in the post office addressed to the person on whom they
are being served, with the postage prepaid. The service shall be
deemed complete upon the third day following the day upon which
they are placed in the mail, unless the third day falls on a
Saturday, Sunday or legal holiday, in which event service shall
be deemed complete on the first day other than a Saturday, Sunday
or legal holiday, following the third day.
(ii) Proof of service by mail. Proof of service of all papers
permitted to be mailed may be by written acknowledgment of
service, by affidavit of the person who mailed the papers, or by
certificate of an attorney. The certificate of an attorney may be
in form substantially as follows:
CERTIFICATE
I certify that I mailed a copy of the foregoing
_______________ to (John Smith), (plaintiff's) attorney, at
(office address or residence), and to (Joseph Doe), an additional
(defendant's) attorney (or attorneys) at (office address or
residence), postage prepaid, on (date).
________________________________________
(John Brown)
Attorney for (Defendant) William Noe
(3) Service on Nonresidents. Where a plaintiff or defendant
who has appeared resides outside the state and has no attorney in
the action, the service may be made by mail if his residence is
known; if not known, on the clerk of the court for him. Where a
party, whether resident or nonresident, has an attorney in the
action, the service of papers shall be upon the attorney instead
of the party. If the attorney does not have an office within the
state or has removed his residence from the state, the service
may be upon him personally either within or without the state, or
by mail to him at either his place of residence or his office, if
either is known, and if not known, then by mail upon the party,
if his residence is known, whether within or without the state.
If the residence of neither the party nor his attorney, nor the
office address of the attorney is known, an affidavit of the
attempt to serve shall be filed with the clerk of the court.
(4) Service on Attorney Restricted After Final Judgment. A
party, rather than the party's attorney, must be served if the
final judgment or decree has been entered and the time for filing
an appeal has expired, or if an appeal has been taken (i) after
the final judgment or decree upon remand has been entered or (ii)
after the mandate has been issued affirming the judgment or
decree or disposing of the case in a manner calling for no
further action by the trial court. This rule is subject to the
exceptions defined in subsection (b)(6).
(5) Required Notice to Party. If a party is served under
circumstances described in subsection (b)(4), the paper shall (i)
include a notice to the party of the right to file written
opposition or a response, the time within which such opposition
or response must be filed, and the place where it must be filed;
(ii) state that failure to respond may result in the requested
relief being granted; and (iii) state that the paper has not been
served on that party's lawyer.
(6) Exceptions. An attorney may be served notwithstanding
subsection (b)(4) of this rule if (i) fewer than 63 days have
elapsed since the filing of any paper or the issuance of any
process in the action or proceeding or (ii) if the attorney has
filed a notice of continuing representation.
(7) Service by Other Means. Service under this rule may be
made by delivering a copy by any other means, including facsimile
or electronic means, consented to in writing by the person
served. Service by facsimile or electronic means is complete on
transmission when made prior to 5:00 p.m. on a judicial day.
Service made on a Saturday, Sunday, or holiday or after 5:00 p.m.
on any other day shall be deemed complete at 9:00 a.m. on the
first judicial day thereafter; Service by other consented means
is complete when the person making service delivers the copy to
the agency designated to make delivery. Service under this
subsection is not effective if the party making service learns
that the attempted service did not reach the person to be served.
(c) Service: Numerous Defendants. In any action in which
there are unusually large numbers of defendants, the court, upon
motion or of its own initiative, may order that service of the
pleadings of the defendants and replies thereto need not be made
as between the defendants and that any cross claim, counterclaim,
or matter constituting an avoidance or affirmative defense
contained therein shall be deemed to be denied or avoided by all
other parties and that the filing of any such pleading and
service thereof upon the plaintiff constitutes due notice of it
to the parties. A copy of every such order shall be served upon
the parties in such manner and form as the court directs.
(d) Filing.
(1) Time. Complaints shall be filed as provided in rule 3.
All pleadings and other papers after the complaint required to be
served upon a party shall be filed with the court either before
service or promptly thereafter.
(2) Sanctions. If a party fails to file any pleading or paper
under this rule, the court upon 5 days' notice of motion for
sanctions may dismiss the action or strike the pleading or other
paper and grant judgment against the defaulting party for costs
and terms including a reasonable attorney fee unless good cause
is shown for, or justice requires, the granting of an extension
of time.
(3) Limitation. No sanction shall be imposed if prior to the
hearing the pleading or paper other than the complaint is filed
and the moving attorney is notified of the filing before he
leaves his office for the hearing.
(4) Nonpayment. No further action shall be taken in the
pending action and no subsequent pleading or other paper shall be
filed until the judgment is paid. No subsequent action shall be
commenced upon the same subject matter until the judgment has
been paid.
(e) Filing With the Court Defined. The filing of pleadings
and other papers with the court as required by these rules shall
be made by filing them with the clerk of the court, except that
the judge may permit the papers to be filed with him or her, in
which event the judge shall note thereon the filing date and
forthwith transmit them to the office of the clerk. Papers may be
filed by facsimile transmission if permitted elsewhere in these
or other rules of court, or if authorized by the clerk of the
receiving court. The clerk shall not refuse to accept for filing
any paper presented for that purpose solely because it is not
presented in proper form as required by these rules or any local
rules or practices.
(f) Other Methods of Service. Service of all papers other
than the summons and other process may also be made as authorized
by statute.
(g) Certified Mail. Whenever the use of "registered" mail is
authorized by statutes relating to judicial proceedings or by
rule of court, "certified" mail, with return receipt requested,
may be used.
(h) Service of Papers by Telegraph. [Rescinded.]
(i) Filing by Facsimile. (Reserved. See GR 17--Facsimile Transmission.)
[Amended effective September 1, 1993; September 1, 1994; September 1, 2005.]
RULE 6
TIME
(a) Computation. In computing any period of time prescribed or allowed
by these rules, by the local rules of any court, by order of court, or by
an applicable statute, the day of the act, event, or default from which the
designated period of time begins to run shall not be included. The last day
of the period so computed shall be included, unless it is a Saturday, a
Sunday, or a legal holiday, in which event the period runs until the end of
the next day which is neither a Saturday, a Sunday, nor a legal holiday.
Legal holidays are prescribed in RCW 1.16.050. When the period of time
prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays,
and legal holidays shall be excluded in the computation.
(b) Enlargement. When by these rules or by a notice given thereunder or
by order of court an act is required or allowed to be done at or within a
specified time, the court for cause shown may at any time in its
discretion, (1) with or without motion or notice, order the period enlarged
if request therefor is made before the expiration of the period originally
prescribed or as extended by a previous order or, (2) upon motion made
after the expiration of the specified period, permit the act to be done
where the failure to act was the result of excusable neglect; but it may
not extend the time for taking any actions under rules 50(b), 59(b), 59(d),
and 60(b).
(c) Proceeding Not To Fail for Want of Judge or Session of Court. No
proceeding in a court of justice in any action, suit, or proceeding pending
therein is affected by a vacancy in the office of any or all of the judges
or by the failure of a session of the court.
(d) For Motions--Affidavits. A written motion, other than one which may
be heard ex parte, and notice of the hearing thereof shall be served not
later than 5 days before the time specified for the hearing, unless a
different period is fixed by these rules or by order of the court. Such an
order may for cause shown be made on ex parte application. When a motion is
supported by affidavit, the affidavit shall be served with the motion; and,
except as otherwise provided in rule 59(c), opposing affidavits may be
served not later than 1 day before the hearing, unless the court permits
them to be served at some other time.
(e) Additional Time After Service by Mail. Whenever a party has the
right or is required to do some act or take some proceedings within a
prescribed period after the service of a notice or other paper upon him and
the notice or paper is served upon him by mail, 3 days shall be added to
the prescribed period.
RULE 7
PLEADINGS ALLOWED: FORM OF MOTIONS
(a) Pleadings. There shall be a complaint and an answer; a reply to a
counterclaim denominated as such; an answer to a cross claim, if the answer
contains a cross claim; a third party complaint, if a person who was not an
original party is summoned under the provisions of rule 14; and a third
party answer, if a third party complaint is served. No other pleadings
shall be allowed, except that the court may order a reply to an answer or a
third party answer.
(b) Motions and Other Papers.
(1) How Made. An application to the court for an order shall be by
motion which, unless made during a hearing or trial, shall be made in
writing, shall state with particularity the grounds therefor, and shall set
forth the relief or order sought. The requirement of writing is fulfilled
if the motion is stated in a written notice of the hearing of the motion.
(2) Form. The rules applicable to captions, signing, and other matters
of form of pleadings apply to all written motions and other papers provided
for by these rules.
(3) Identification of Evidence. When a motion is supported by
affidavits or other papers, it shall specify the papers to be used by the
moving party.
(4) Telephonic Argument. Oral argument on civil motions, including
family law motions, may be heard by conference telephone call in the
discretion of the court. The expense of the call shall be shared equally by
the parties unless the court directs otherwise in the ruling or decision on
the motion.
(c) Demurrers, Pleas, etc., Abolished. Demurrers, pleas and exceptions
for insufficiency of a pleading shall not be used.
RULE 8
GENERAL RULES OF PLEADING
(a) Claims for Relief. A pleading which sets forth a claim for relief,
whether an original claim, counterclaim, cross claim, or third party claim
shall contain (1) a short and plain statement of the claim showing that the
pleader is entitled to relief, and (2) a demand for judgment for the relief
to which he deems himself entitled. Relief in the alternative or of several
different types may be demanded.
(b) Defenses; Form of Denials. A party shall state in short and plain
terms his defenses to each claim asserted and shall admit or deny the
averments upon which the adverse party relies. If he is without knowledge
or information sufficient to form a belief as to the truth of an averment,
he shall so state and this has the effect of a denial. Denials shall fairly
meet the substance of the averments denied. When a pleader intends in good
faith to deny only a part or a qualification of an averment, he shall
specify so much of it as is true and material and shall deny only the
remainder. Unless the pleader intends in good faith to controvert all the
averments of the preceding pleading, he may make his denials as specific
denials of designated averments or paragraphs, or he may generally deny all
the averments except such designated averments or paragraphs as he
expressly admits; but, when he does so intend to controvert all its
averments, he may do so by general denial subject to the obligations set
forth in rule 11.
(c) Affirmative Defenses. In pleading to a preceding pleading, a party
shall set forth affirmatively accord and satisfaction, arbitration and
award, assumption of risk, contributory negligence, discharge in
bankruptcy, duress, estoppel, failure of consideration, fault of a
nonparty, fraud, illegality, injury by fellow servant, laches, license,
payment, release, res judicata, statute of frauds, statute of limitation,
waiver, and any other matter constituting an avoidance or affirmative
defense. When a party has mistakenly designated a defense as a counterclaim
or a counterclaim as a defense, the court on terms, if justice so requires,
shall treat the pleading as if there had been a proper designation.
(d) Effect of Failure To Deny. Averments in a pleading to which
responsive pleading is required, other than those as to the amount of
damage, are admitted when not denied in the responsive pleading. Averments
in a pleading to which no responsive pleading is required or permitted
shall be taken as denied or avoided.
(e) Pleading To Be Concise and Direct: Consistency.
(1) Each averment of a pleading shall be simple, concise, and direct.
No technical forms of pleadings or motions are required.
(2) A party may set forth two or more statements of a claim or defense
alternately or hypothetically, either in one count or defense or in
separate counts or defenses. When two or more statements are made in the
alternative and one of them if made independently would be sufficient, the
pleading is not made insufficient by the insufficiency of one or more of
the alternative statements. A party may also state as many separate claims
or defenses as he has regardless of consistency and whether based on legal
or on equitable grounds or on both. All statements shall be made subject to
the obligations set forth in rule 11.
(f) Construction of Pleadings. All pleadings shall be so construed as
to do substantial justice.
RULE 9
PLEADING SPECIAL MATTERS
(a) Capacity. It is not necessary to aver the capacity of a party to
sue or be sued or the authority of a party to sue or be sued in a
representative capacity or the legal existence of an organized association
of persons that is made a party. When a party desires to raise an issue as
to the legal existence of any party or the capacity of any party to sue or
be sued or the authority of a party to sue or be sued in a representative
capacity, he shall do so by specific negative averment which shall include
such supporting particulars as are peculiarly within the pleaders
knowledge.
(b) Fraud, Mistake, Condition of the Mind. In all averments of fraud or
mistake, the circumstances constituting fraud or mistake shall be stated
with particularity. Malice, intent, knowledge, and other condition of mind
of a person may be averred generally.
(c) Condition Precedent. In pleading the performance or occurrence of
conditions precedent, it is sufficient to aver generally that all
conditions precedent have been performed or have occurred. A denial of
performance or occurrence shall be made specifically and with
particularity.
(d) Official Document or Act. In pleading an official document or
official act, it is sufficient to aver that the document was issued or the
act done in compliance with law.
(e) Judgment. In pleading a judgment or decision of a domestic or
foreign court, judicial or quasi-judicial tribunal, or of a board or
officer, it is sufficient to aver the judgment or decision without setting
forth matter showing jurisdiction to render it.
(f) Time and Place. For the purpose of testing the sufficiency of a
pleading, averments of time and place are material and shall be considered
like all other averments of material matter.
(g) Special Damage. When items of special damage are claimed, they
shall be specifically stated.
(h) Pleading Existence of City or Town. In pleading the existence of
any city or town in this state, it shall be sufficient to state in such
pleading that the same is an existing city or town, incorporated or
organized under the laws of Washington.
(i) Pleading Ordinance. In pleading any ordinance of a city or town in
this state it shall be sufficient to state the title of such ordinance and
the date of its passage, whereupon the court shall take judicial notice of
the existence of such ordinance and the tenor and effect thereof.
(j) Pleading Private Statutes. In pleading a private statute, or a
right derived therefrom, it shall be sufficient to refer to such statute by
its title, and the day of its passage, and the court shall thereupon take
judicial notice thereof.
(k) Foreign Law.
(1) United States Jurisdictions. A party who intends to raise an issue
concerning the law of a state, territory, or other jurisdiction of the
United States shall set forth in his pleading facts which show that the law
of another United States jurisdiction may be applicable, or shall state in
his pleading or serve other reasonable written notice that the law of
another United States jurisdiction may be relied upon.
(2) Other Jurisdictions. A party who intends to raise an issue
concerning the law of a jurisdiction other than a state, territory or other
jurisdiction of the United States shall give notice in his pleading of the
foreign jurisdiction whose law he contends may be applicable to the facts
of the case. The following matters need not be pleaded, but may be
discovered pursuant to rule 26:
(i) the party's contentions as to which issues of law are governed by
the foreign law;
(ii) the substance of such foreign law;
(iii) the expected effect of such foreign law on the legal issues and
on the outcome of the case being tried;
(iv) the specific foreign statutes, regulations, judicial and
administrative decisions, documents and other nonprivileged written
materials and translations thereof upon which the party intends to rely.
(3) Application of Foreign Law. Issues of foreign law may be simplified
pursuant to rule 16 and determined in advance of trial pursuant to rule 56.
(4) Failure To Plead Foreign Law. If no party has requested in his
pleadings application of the law of a jurisdiction other than a state,
territory or other jurisdiction of the United States, the court at time of
trial shall apply the law of the State of Washington unless such
application would result in manifest injustice.
(l) Burden of Proof. Nothing in this rule shall be construed to shift
or alter the burden of proof.
RULE CRLJ 10
FORM OF PLEADINGS
(a) Caption; Names of Parties. Every written pleading shall contain a
caption setting forth the name of the court, the title of the action, the
file number if known to the person signing it, and a designation as in rule
7(a). In the complaint the title of the action shall include the names of
all the parties, but in other written pleadings it is sufficient to state
the name of the first party on each side with an appropriate indication of
other parties. When the plaintiff is ignorant of the name of the defendant,
it shall be so stated in his pleading, and such defendant may be designated
in any pleading or proceeding by any name, and when his true name shall be
discovered, the pleading or proceeding may be amended accordingly.
(b) Adoption by Reference; Exhibits. Statements in a pleading may be
adopted by reference in a different part of the same pleading or in another
pleading or in any motion. A copy of any written instrument which is an
exhibit to a pleading is a part thereof for all purposes.
(c) Form. The requirements for pleadings, motions, and other papers
are as specified in GR 14, except exhibits and forms approved by the Office
of the Administrator for the Courts need not be on letter-size paper (8-1/2
by 11 inches).
(d) Personal Identifiers Prohibited. [Reserved. See GR 31(e).]
(e) Unpublished Opinions. [Reserved. See GR 14.1.]
[Amended effective September 1, 1990; September 1, 2000; September 1,
2007.]
RULE CRLJ 11
SIGNING AND DRAFTING OF PLEADINGS, MOTIONS,
AND LEGAL MEMORANDA: SANCTIONS
(a) Every pleading, motion, and legal memorandum of a party
represented by an attorney shall be dated and signed by at least
one attorney of record in the attorney's individual name, whose
address and Washington State Bar Association membership number
shall be stated. A party who is not represented by an attorney
shall sign and date the party's pleading, motion, or legal
memorandum and state the party's address. Pleadings need not, but
may be, verified or accompanied by affidavit. The signature of a
party or of an attorney constitutes a certificate by the party or
attorney that the party or attorney has read the pleading,
motion, or legal memorandum, and that to the best of the party's
or attorney's knowledge, information, and belief, formed after an
inquiry reasonable under the circumstances; (1) it is well
grounded in fact; (2) is warranted by existing law or a good
faith argument for the extension, modification, or reversal of
existing law or the establishment of new law, (3) it is not
interposed for any improper purpose, such as to harass or to
cause unnecessary delay or needless increase in the cost of
litigation; and (4) the denials of factual contentions are
warranted on the evidence or, if specifically so identified, are
reasonably based on a lack of information or belief. If a
pleading, motion, or legal memorandum is not signed shall be
stricken unless it is signed promptly after the omission is
called to the attention of the pleader or movant. If a pleading,
motion, or legal memorandum is signed in violation of this rule,
the court upon motion or upon its own initiative may impose upon
the person who signed it, a represented party, or both, an
appropriate sanction, which may include an order to pay to the
other party or parties the amount of the reasonable expenses
incurred because of the filing of the pleading, motion, or legal
memorandum, including a reasonable attorney fee.
(b) In helping to draft a pleading, motion or document filed by
the otherwise self-represented person, the attorney certifies
that the attorney has read the pleading , motion, or legal
memorandum, and that to the best of the attorney's knowledge,
information, and belief, formed after an inquiry reasonable under
the circumstances: (1) it is well grounded in fact, (2) it is
warranted by existing law or a good faith argument for the
extension, modification, or reversal of existing law or the
establishment of new law, (3) it is not interposed for any
improper purpose, such as to harass or to cause unnecessary delay
or needless increase in the cost of litigation, and (4) the
denials of factual contentions are warranted on the evidence or,
if specifically so identified, are reasonably based on a lack of
information or belief. The attorney in providing such drafting
assistance may rely on the otherwise self-represented person's
representation of facts, unless the attorney has reason to
believe that such representations are false or materially
insufficient, in which instance the attorney shall make an
independent reasonable inquiry into the facts.
[Amended effective September 1, 1990; September 1, 1994;
October 15, 2002; September 1, 2005.]
RULE 12
DEFENSES AND OBJECTIONS
(a) When Presented. A defendant shall serve his answer within the
following periods:
(1) Within 20 days, exclusive of the day of service, after the service
of the summons and complaint upon him pursuant to rule 4;
(2) Within 60 days from the date of the first publication of the
summons if the summons is served by publication in accordance with rule 4;
(3) Within the period fixed by any other applicable statutes or rules.
A party served with a pleading stating a cross claim against him shall
serve an answer thereto within 20 days after the service upon him. The
plaintiff shall serve his reply to a counterclaim in the answer within 20
days after service of the answer or, if a reply is ordered by the court,
within 20 days after service of the order, unless the order otherwise
directs. The service of a motion permitted under this rule alters these
periods of time as follows, unless a different time is fixed by order of
the court.
(i) If the court denies the motion or postpones its disposition until
the trial on the merits, the responsive pleading shall be served within 10
days after notice of the courts action.
(ii) If the court grants a motion for a more definite statement, the
responsive pleading shall be served within 10 days after the service of the
more definite statement.
(b) How Presented. Every defense, in law or fact, to a claim for relief
in any pleading, whether a claim, counterclaim, cross claim, or third party
claim, shall be asserted by the responsive pleading thereto if one is
required, except that the following defenses may at the option of the
pleader be made by motion: (1) lack of jurisdiction over the subject
matter, (2) lack of jurisdiction over the person, (3) improper venue, (4)
insufficiency of process, (5) insufficiency of service of process, (6)
failure to state a claim upon which relief can be granted, (7) failure to
join a party under rule 19. A motion making any of these defenses shall be
made before pleading if a further pleading is permitted. No defense or
objection is waived by being joined with one or more other defenses or
objections in a responsive pleading or motion. If a pleading sets forth a
claim for relief to which the adverse party is not required to serve a
responsive pleading, he may assert at the trial any defense in law or fact
to that claim for relief. If, on a motion asserting the defense numbered
(6) to dismiss for failure of the pleading to state a claim upon which
relief can be granted, matters outside the pleading are presented to and
not excluded by the court, the motion shall be treated as one for summary
judgment and disposed of as provided in rule 56 and all parties shall be
given reasonable opportunity to present all material made pertinent to such
a motion by rule 56.
(c) Motion for Judgment on the Pleadings. After the pleadings are
closed but within such time as not to delay the trial, any party may move
for judgment on the pleadings. If, on a motion for judgment on the
pleadings, matters outside the pleadings are presented to and not excluded
by the court, the motion shall be treated as one for summary judgment and
disposed of as provided in rule 56, and all parties shall be given
reasonable opportunity to present all material made pertinent to such a
motion by rule 56.
(d) Preliminary Hearings. The defenses specifically enumerated (1)-(7)
in section (b) of this rule, whether made in a pleading or by motion, and
the motion for judgment mentioned in section (c) of this rule shall be
heard and determined before trial on application of any party, unless the
court orders that the hearing and determination thereof be deferred until
the trial.
(e) Motion for More Definite Statement. If a pleading to which a
responsive pleading is permitted is so vague or ambiguous that a party
cannot reasonably be required to frame a responsive pleading, or if more
particularity in that pleading will further the efficient economical
disposition of the action, he may move for a more definite statement before
interposing his responsive pleading. The motion shall point out the defects
complained of and the details desired. If the motion is granted and the
order of the court is not obeyed within 10 days after notice of the order
or within such other time as the court may fix, the court may strike the
pleading to which the motion was directed or make such order as it deems
just.
(f) Motion To Strike. Upon motion made by a party before responding to
a pleading or, if no responsive pleading is permitted by these rules, upon
motion made by a party within 20 days after the service of the pleading
upon him or upon the courts own initiative at any time, the court may order
stricken from any pleading any insufficient defense or any redundant,
immaterial, impertinent, or scandalous matter.
(g) Consolidation of Defenses in Motion. A party who makes a motion
under this rule may join with it other motions herein provided for and then
available to him. If a party makes a motion under this rule but omits
therefrom any defense or objection then available to him which this rule
permits to be raised by motion, he shall not thereafter make a motion based
on the defense or objection so omitted, except a motion as provided in
subsection (h)(2) hereof on any of the grounds there stated.
(h) Waiver or Preservation of Certain Defenses.
(1) A defense of lack of jurisdiction over the person, improper venue,
insufficiency of process, or insufficiency of service of process is waived
(i) if omitted from a motion in the circumstances described in section (g),
or (ii) if it is neither made by motion under this rule nor included in a
responsive pleading or an amendment thereof permitted by rule 15(a) to be
made as a matter of course.
(2) A defense of failure to state a claim upon which relief can be
granted, a defense of failure to join a party indispensable under rule 19,
and an objection of failure to state a legal defense to a claim may be made
in any pleading permitted or ordered under rule 7(a), or by motion for
judgment on the pleadings, or at the trial on the merits.
(3) Whenever it appears by suggestion of the parties or otherwise that
the court lacks jurisdiction of the subject matter, the court shall dismiss
the action.
(i) Nonparty at Fault. Whenever a defendant or a third party defendant
intends to claim for purposes of RCW 4.22.070(1) that a nonparty is at
fault, such claim is an affirmative defense which shall be affirmatively
pleaded by the party making the claim. The identity of any nonparty claimed
to be at fault, if known to the party making the claim, shall also be
affirmatively pleaded.
RULE 13
COUNTERCLAIM AND CROSS CLAIM
(a) Compulsory Counterclaims. A pleading shall state as a counterclaim
any claim which at the time of serving the pleading the pleader has against
any opposing party, if it arises out of the transaction or occurrence that
is the subject matter of the opposing party's claim and does not require
for its adjudication the presence of third parties of whom the court cannot
acquire jurisdiction. But the pleader need not state the claim if (1) at
the time the action was commenced the claim was the subject of another
pending action, or (2) the opposing party brought suit upon his claim by
attachment or other process by which the court did not acquire jurisdiction
to render a personal judgment on that claim, and the pleader is not stating
any counterclaim under this rule.
(b) Permissive Counterclaims. A pleading may state as a counterclaim
any claim against an opposing party not arising out of the transaction or
occurrence that is the subject matter of the opposing party's claim.
(c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may
not diminish or defeat the recovery sought by the opposing party. It may
claim relief exceeding in amount or different in kind from that sought in
the pleading of the opposing party.
(d) Counterclaim Against the State. These rules shall not be construed
to enlarge beyond the limits now fixed by law the right to assert
counterclaims, or to claim credits against the State or an officer or
agency thereof.
(e) Counterclaim Maturing or Acquired After Pleading. A claim which
either matured or was acquired by the pleader after serving his pleading
may, with the permission of the court, be presented as a counterclaim by
supplemental pleading.
(f) Omitted Counterclaim. When a pleader fails to set up a counterclaim
through oversight, inadvertence, or excusable neglect, or when justice
requires, he may by leave of court set up the counterclaim by amendment.
(g) Cross Claim Against Coparty. A pleading may state as a cross claim
any claim by one party against a coparty arising out of the transaction or
occurrence that is the subject matter either of the original action or of a
counterclaim therein or relating to any property that is the subject matter
of the original action. Such cross claim may include a claim that the party
against whom it is asserted is or may be liable to the cross claimant for
all or part of a claim asserted in the action against the cross claimant.
(h) Joinder of Additional Parties. Persons other than those made
parties to the original action may be made parties to a counterclaim or
cross claim in accordance with the provisions of rules 19 and 20.
(i) Separate Trials; Separate Judgment. If the court orders separate
trials as provided in rule 42(b), judgment on a counterclaim or cross claim
may be rendered in accordance with the terms of rule 54(b), even if the
claims of the opposing party have been dismissed or otherwise disposed of.
(j) Setoff Against Assignee. The defendant in a civil action upon a
contract express or implied, other than upon a negotiable promissory note
or bill of exchange, negotiated in good faith and without notice before
due, which has been assigned to the plaintiff, may set off a demand of a
like nature existing against the person to whom he was originally liable,
or any assignee prior to the plaintiff, of such contract, provided such
demand existed at the time of the assignment thereof, and belonging to the
defendant in good faith, before notice of such assignment, and was such a
demand as might have been set off against such person to whom he was
originally liable, or such assignee while the contract belonged to him.
(k) Setoff Against Beneficiary of Trust Estate. If the plaintiff be a
trustee to any other, or if the action be in a name of a plaintiff which
has no real interest in the contract upon which the action is founded, so
much a demand existing against those whom the plaintiff represents or for
whose benefit the action is brought may be set off as will satisfy the
plaintiffs debt, if the same might have been set off in an action brought
against those beneficially interested.
(l) Setoff Must Be Pleaded. To entitle a defendant to a setoff under
this rule, he must set forth the same in his answer.
RULE 13.04
SETOFFS AGAINST ASSIGNEES
(Rescinded. Provisions transferred to rule 13.)
RULE 14
THIRD PARTY PRACTICE
(a) When Defendant May Bring in Third Party. At any time after
commencement of the action a defending party, as a third party plaintiff,
may cause a summons and complaint to be served upon a person not a party to
the action who is or may be liable to him for all or part of the plaintiffs
claim against him. The third party plaintiff need not obtain leave to make
the service if he files the third party complaint not later than 10 days
after he serves his original answer. Otherwise he must obtain leave on
motion upon notice to all parties to the action. The person served with the
summons and third party complaint, hereinafter called the third party
defendant, shall make his defenses to the third party plaintiffs claim as
provided in rule 12 and his counterclaims against the third party plaintiff
and cross claims against other third party defendants as provided in rule
13. The third party defendant may assert against the plaintiff any defenses
which the third party plaintiff has to the plaintiffs claim. The third
party defendant may also assert any claim against the plaintiff arising out
of the transaction or occurrence that is the subject matter of the
plaintiffs claim against the third party plaintiff. The plaintiff may
assert any claim against the third party defendant arising out of the
transaction or occurrence that is the subject matter of the plaintiffs
claim against the third party plaintiff, and the third party defendant
thereupon shall assert his defenses as provided in rule 12 and his
counterclaims and cross claims as provided in rule 13. Any party may move
to strike the third party claim, or for its severance or separate trial. A
third party defendant may proceed under this rule against any person not a
party to the action who is or may be liable to him for all or part of the
claim made in the action against the third party defendant.
(b) When Plaintiff May Bring in Third Party. When a counterclaim is
asserted against a plaintiff, he may cause a third party to be brought in
under circumstances which under this rule would entitle a defendant to do
so.
(c) Tort Cases. This rule shall not be applied in tort cases, so as to
permit the joinder of a liability or indemnity insurance company, unless
such company is by statute or contract directly liable to the person
injured or damaged.
RULE CRLJ 14A
REMOVAL TO SUPERIOR COURT
(a) Jurisdiction Over Third Party. A case may be removed to
superior court in order to obtain jurisdiction over a third party
defendant, as provided in RCW 4.14.010. This procedure is
governed by RCW 4.14.
(b) Claims in Excess of Jurisdiction--Generally. When any
party in good faith asserts a claim in an amount in excess of the
jurisdiction of the district court or seeks a remedy beyond the
jurisdiction of the district court, the district court shall
order the entire case removed to superior court.
(c) Claims in Excess of Jurisdiction--Orders and Process. If
a case is removed to the superior court under section (b) of this
rule, the superior court may issue all necessary orders and
process as provided in RCW 4.14.030.
(d) Claims in Excess of Jurisdiction--Improper Removal. If it
appears that a case has been improperly removed to the superior
court under section (b) of this rule, the superior court shall
remand the case as provided in RCW 4.14.030.
(e) Claims in Excess of Jurisdiction--Attached Property;
Custody. If property of a defendant is attached or garnished
prior to the removal of a case, the attachment or garnishment
shall be transferred with the removed case to the superior court
and shall be held to answer the final judgment or decree in the
same manner as it would have been held to answer had the cause
been brought in the superior court originally.
[Adopted effective September 1, 1984; September 1, 2004.]
RULE CRLJ 15
AMENDED AND SUPPLEMENTAL PLEADINGS
(a) Amendments. A party may amend the party's pleading once
as a matter of course at any time before a responsive pleading is
served or, if the pleading is one to which no responsive pleading
is permitted and the action has not been placed upon the trial
calendar, the party may so amend it at any time within 20 days
after it is served. Otherwise, a party may amend the party's
pleading only by leave of court or by written consent of the
adverse party; and leave shall be freely given when justice so
requires. If a party moves to amend a pleading, a copy of the
proposed amended pleading, denominated "proposed" and unsigned,
shall be attached to the motion. If a motion to amend is granted,
the moving party shall thereafter file the amended pleading and,
pursuant to rule 5, serve a copy thereof on all other parties. A
party shall plead in response to an amended pleading within the
time remaining for response to the original pleading or within 10
days after service or notice of the amended pleading, whichever
period may be the longer, unless the court otherwise orders.
(b) Amendments to Conform to the Evidence. When issues not
raised by the pleadings are tried by express or implied consent
of the parties, they shall be treated in all respects as if they
had been raised in the pleadings. Such amendment of the pleadings
as may be necessary to cause them to conform to the evidence and
to raise these issues may be made upon motion of any party at any
time, even after judgment; but failure so to amend does not
affect the result of the trial of these issues. If the evidence
is objected to at the trial on the ground that it is not within
the issues made by the pleadings, the court may allow the
pleadings to be amended and shall do so freely when the
presentation of the merits of the action will be subserved
thereby and the objecting party fails to satisfy the court that
the admission of such evidence would prejudice him in maintaining
his action or defense upon the merits. The court may grant a
continuance to enable the objecting party to meet such evidence.
(c) Relation Back of Amendments. Whenever the claim or
defense asserted in the amended pleading arose out of the
conduct, transaction, or occurrence set forth or attempted to be
set forth in the original pleading the amendment relates back to
the date of the original pleading. An amendment changing the
party against whom a claim is asserted relates back if the
foregoing provision is satisfied and, within the period provided
by law for commencing the action against him, the party to be
brought in by amendment (1) has received such notice of the
institution of the action that he will not be prejudiced in
maintaining his defense on the merits, and (2) knew or should
have known that, but for a mistake concerning the identity of the
proper party, the action would have been brought against him.
(d) Supplemental Pleadings. Upon motion of a party the court
may, upon reasonable notice and upon such terms as are just,
permit him to serve a supplemental pleading setting forth
transactions or occurrences or events which have happened since
the date of the pleading sought to be supplemented. Permission
may be granted even though the original pleading is defective in
its statement of a claim for relief or defense. If the court
deems it advisable that the adverse party plead to the
supplemental pleading, it shall so order, specifying the time therefor.
(e) Interlineations. No amendments shall be made to any
pleading by erasing or adding words to the original on file,
without first obtaining leave of the court.
[Adopted effective September 1, 1984; Amended effective September 1, 2005.]
RULE 16
(RESERVED)
RULE 17
PARTIES PLAINTIFF AND DEFENDANT; CAPACITY
(-) Designation of Parties. The party commencing the action shall be
known as the plaintiff, and the opposite party as the defendant.
(a) Real Party in Interest. Every action shall be prosecuted in the
name of the real party in interest. An executor, administrator, guardian,
bailee, trustee of an express trust, a party with whom or in whose name a
contract has been made for the benefit of another, or a party authorized by
statute may sue in his own name without joining with him the party for
whose benefit the action is brought. No action shall be dismissed on the
ground that it is not prosecuted in the name of the real party in interest
until a reasonable time has been allowed after objection for ratification
of commencement of the action by, or joinder or substitution of, the real
party in interest; and such ratification, joinder, or substitution shall
have the same effect as if the action had been commenced in the name of the
real party in interest.
(b) Infants or Incompetent Persons.
(1) When an infant is a party he shall appear by guardian, or if he has
no guardian, or in the opinion of the court the guardian is an improper
person, the court shall appoint a guardian ad litem. The guardian shall be
appointed:
(i) when the infant is plaintiff, upon the application of the infant,
if he be of the age of 14 years, or if under the age, upon the application
of a relative or friend of the infant;
(ii) when the infant is defendant, upon the application of the infant,
if he be of the age of 14 years, and applies within the time he is to
appear; if he be under the age of 14, or neglects to apply, then upon the
application of any other party to the action, or of a relative or friend of
the infant.
(2) When an insane person is a party to an action he shall appear by
guardian, or if he has no guardian, or in the opinion of the court the
guardian is an improper person, the court shall appoint one to act as
guardian ad litem. Said guardian shall be appointed:
(i) when the insane person is plaintiff, upon the application of a
relative or friend of the insane person;
(ii) when the insane person is defendant, upon the application of a
relative or friend of such insane person, such application shall be made
within the time he is to appear. If no such application be made within the
time above limited, application may be made by any party to the action.
RULE 18
JOINDER OF CLAIMS AND REMEDIES
(a) Joinder of Claims. A party asserting a claim to relief as an
original claim, counterclaim, cross claim, or third party claim, may join,
either as independent or as alternate claims, as many claims as he has
against an opposing party.
(b) Joinder of Remedies. Whenever a claim is one heretofore cognizable
only after another claim has been prosecuted to a conclusion, the two
claims may be joined in a single action; but the court shall grant relief
in that action only in accordance with the relative substantive rights of
the parties.
RULE 19
JOINDER OF PERSONS NEEDED
FOR JUST ADJUDICATION
(a) Persons To Be Joined if Feasible. A person who is subject to
service of process and whose joinder will not deprive the court of
jurisdiction over the subject matter of the action shall be joined as a
party in the action if (1) in his absence complete relief cannot be
accorded among those already parties, or (2) he claims an interest relating
to the subject of the action and is so situated that the disposition of the
action in his absence may (i) as a practical matter impair or impede his
ability to protect that interest or (ii) leave any of the persons already
parties subject to a substantial risk of incurring double, multiple, or
otherwise inconsistent obligations by reason of his claimed interest. If he
has not been so joined, the court shall order that he be made a party. If
he should join as a plaintiff but refuses to do so, he may be made a
defendant, or, in a proper case, an involuntary plaintiff. If the joined
party objects to venue and his joinder would render the venue of the action
improper, he shall be dismissed from the action.
(b) Determination by Court Whenever Joinder Not Feasible. If a person
joinable under (1) or (2) of section (a) hereof cannot be made a party, the
court shall determine whether in equity and good conscience the action
should proceed among the parties before it, or should be dismissed, the
absent person being thus regarded as indispensable. The factors to be
considered by the court include: (1) to what extent a judgment rendered in
the persons absence might be prejudicial to him or those already parties;
(2) the extent to which, by protective provisions in the judgment, by the
shaping of relief, or other measures, the prejudice can be lessened or
avoided; (3) whether a judgment rendered in the persons absence will be
adequate; (4) whether the plaintiff will have an adequate remedy if the
action is dismissed for nonjoinder.
(c) Pleading Reasons for Nonjoinder. A pleading asserting a claim for
relief shall state the names, if known to the pleader, of any persons
joinable under (1) or (2) of section (a) hereof who are not joined, and the
reasons why they are not joined.
(d) (Reserved.)
(e) Husband and Wife Must Join--Exceptions. RCW 4.08.030 applies to the
joinder of spouses.
RULE 20
PERMISSIVE JOINDER OF PARTIES
(a) Permissive Joinder. All persons may join in one action as
plaintiffs if they assert any right to relief jointly, severally, or in the
alternative in respect of or arising out of the same transaction,
occurrence or series of transactions or occurrences and if any question of
law or fact common to all of these persons will arise in the action. All
persons may be joined in one action as defendants if there is asserted
against them jointly, severally, or in the alternative, any right to relief
in respect of or arising out of the same transaction, occurrence, or series
of transactions or occurrences and if any question of law or fact common to
all of them will arise in the action. A plaintiff or defendant need not be
interested in obtaining or defending against all the relief demanded.
Judgment may be given for one or more of the plaintiffs according to their
respective rights to relief, and against one or more defendants according
to their respective liabilities.
(b) Separate Trials. The court may make such orders as will prevent a
party from being embarrassed, delayed, or put to expense by the inclusion
of a party against whom he asserts no claim and who asserts no claim
against him, and may order separate trials or make other orders to prevent
delay or prejudice.
(c) When Husband and Wife May Join. (Reserved. See RCW 4.08.040.)
(d) Service on Joint Defendants; Procedure After Service. When the
action is against two or more defendants and the summons is served on one
or more but not on all of them, the plaintiff may proceed as follows:
(1) If the action is against the defendants jointly indebted upon a
contract, he may proceed against the defendants served unless the court
otherwise directs; and if he recovers judgment it may be entered against
all the defendants thus jointly indebted so far only as it may be enforced
against the joint property of all and the separate property of the
defendants served.
(2) If the action is against defendants severally liable, he may
proceed against the defendants served in the same manner as if they were
the only defendants.
(3) Though all the defendants may have been served with the summons,
judgment may be taken against any of them severally, when the plaintiff
would be entitled to judgment against such defendants if the action had
been against them alone.
(e) Procedure To Bind Joint Debtor. RCW 4.68 applies to the enforcement
of a judgment against a joint debtor.
RULE 21
MISJOINDER AND NONJOINDER OF PARTIES
Misjoinder of parties is not ground for dismissal of an action. Parties
may be dropped or added by order of the court on motion of any party or of
its own initiative at any stage of the action and on such terms as are
just. Any claim against a party may be severed and proceeded with
separately.
RULE 22
INTERPLEADER
(a) Rule. Persons having claims against the plaintiff may be joined as
defendants and required to interplead when their claims are such that the
plaintiff is or may be exposed to double or multiple liability. It is not
ground for objection to the joinder that the claims of the several
claimants or the titles on which their claims depend do not have a common
origin or are not identical but are adverse to and independent of one
another, or that the plaintiff avers that he is not liable in whole or in
part to any or all of the claimants. A defendant exposed to similar
liability may obtain such interpleader by way of cross claim or
counterclaim. The provisions of this rule supplement and do not in any way
limit the joinder of parties permitted under other rules and statutes.
(b) Statutes. The remedy herein provided is in addition to and in no
way supersedes or limits the remedy provided by RCW 4.08.150 to 4.08.180,
inclusive.
RULE 23
(RESERVED)
RULE 24
INTERVENTION
(a) Intervention of Right. Upon timely application, anyone shall be
permitted to intervene in an action: (1) when a statute confers an
unconditional right to intervene; or (2) when the applicant claims an
interest relating to the property or transaction which is the subject of
the action and he is so situated that the disposition of the action may as
a practical matter impair or impede his ability to protect that interest,
unless the applicants interest is adequately represented by existing
parties.
(b) Permissive Intervention. Upon timely application, anyone may be
permitted to intervene in an action: (1) when a statute confers a
conditional right to intervene; or (2) when an applicants claim or defense
and the main action have a question of law or fact in common. When a party
to an action relies for ground of claim or defense upon any statute or
executive order administered by a federal or state governmental officer or
agency or upon any regulation, order, requirements, or agreement issued or
made pursuant to the statute or executive order, the officer or agency upon
timely application may be permitted to intervene in the action. In
exercising its discretion the court shall consider whether the intervention
will unduly delay or prejudice the adjudication of the rights of the
original parties.
(c) Procedure. A person desiring to intervene shall serve a motion to
intervene upon all parties as provided in rule 5. The motion shall state
the grounds therefor and shall be accompanied by a pleading setting forth
the claim or defense for which intervention is sought.
RULE 25
SUBSTITUTION OF PARTIES
(a) Death.
(1) Procedure. If a party dies and the claim is not thereby
extinguished, the court may order substitution of the proper parties. The
motion for substitution may be made by the successors or representatives of
the deceased party or by any party and, together with the notice of
hearing, shall be served on the parties as provided by rule 5 for service
of notices, and upon persons not parties in the manner provided by statute
or by rule for the service of a summons. If substitution is not made within
the time authorized by law, the action may be dismissed as to the deceased
party.
(2) Partial Abatement. In the event of the death of one or more of the
plaintiffs or one or more of the defendants in an action in which the right
sought to be enforced survives only to the surviving plaintiffs or only
against the surviving defendants, the action does not abate. The death
shall be suggested upon the record and the action shall proceed in favor of
or against the surviving parties.
(b) Incompetency. If a party becomes incompetent, the court upon motion
served as provided in section (a) of this rule may allow the action to be
continued by or against his representative.
(c) Transfer of Interest. In case of any transfer of interest, the
action may be continued by or against the original party unless the court
upon motion directs the person to whom the interest is transferred to be
substituted in the action or joined with the original party. Service of the
motion shall be made as provided in section (a) of this rule.
(d) Public Offices; Death or Separation From Office. (Reserved.)
CRLJ 26
DISCOVERY
Discovery in courts of limited jurisdiction shall be permitted as follows:
(a) Specification of Damages. A party may demand a
specification of damages under RCW 4.28.360.
(b) Interrogatories and Requests for Production.
(1) The following interrogatories may be submitted by any party:
(A) State the amount of general damages being claimed.
(B) State each item of special damages being claimed and the amount thereof.
(C) List the name, address and telephone number of each
person having any knowledge of facts regarding liability.
(D) List the name, address and telephone number of each
person having any knowledge of facts regarding the damages claimed.
(E) List the name, address and telephone number of each
expert you intend to call as a witness at trial. For each expert,
state the subject matter on which the expert is expected to
testify. State the substance of the facts and opinions to which
the expert is expected to testify and a summary of the grounds
for each opinion.
(2) In addition to section (b)(1), any party may serve upon
any other party not more than two sets of written interrogatories
containing not more than 20 questions per set without prior
permission of the court. Separate sections, paragraphs or
categories contained within one interrogatory shall be considered
separate questions for the purpose of this rule. The
interrogatories shall conform to the provisions of CR 33.
(3) The following requests for production may be submitted by any party:
(A) Produce a copy of any insurance agreement under which any
person carrying on an insurance business may be liable to satisfy
part or all of any judgment which may be entered in this action,
or to indemnify or reimburse the payments made to satisfy the judgment.
(B) Produce a copy of any agreement, contract or other
document upon which this claim is being made.
(C) Produce a copy of any bill or estimate for items for
which special damage is being claimed.
(4) In addition to section (b)(3), any party may submit to
any other party a request for production of up to five separate
sets of groups of documents or things without prior permission of
the court. The requests for production shall conform to the
provisions of CR 34.
(c) Depositions.
(1) A party may take the deposition of any other party,
unless the court orders otherwise.
(2) Each party may take the deposition of two additional
persons without prior permission of the court. The deposition
shall conform to the provisions of CR 30.
(d) Requests for Admission.
(1) A party may serve upon any other party up to 15 written
requests for admission without prior permission of the court.
Separate sections, paragraphs or categories contained within one
request for admission shall be considered separate requests for
purposes of this rule.
(e) Other Discovery at Discretion of Court. No additional
discovery shall be allowed, except as the court may order. The
court shall have discretion to decide whether to permit any
additional discovery. In exercising such discretion the court
shall consider (1) whether all parties are represented by
counsel, (2) whether undue expense or delay in bringing the case
to trial will result and (3) whether the interests of justice
will be promoted.
(f) How Discovery to Be Conducted. Any discovery authorized
pursuant to this rule shall be conducted in accordance with
Superior Court Civil Rules 26 through 37, as governed by CRLJ 26.
(g) Time for Discovery. Twenty-one days after the service of
the summons and complaint, or counterclaim, or cross complaint,
the served party may demand the discovery set forth in sections
(a) - (d) of this rule, or request additional discovery pursuant
to section (e) of this rule. Unless agreed by the parties and
with the permission of the court, all discovery shall be
completed within 60 days of the demand, or 90 days of service of
the summons and complaint, or counterclaim, or cross complaint,
whichever is longer.
[Amended effective September 1, 1994; amended effective
September 1, 1999; amended effective September 1, 2005.]
RULES 27 through 37
(RESERVED)
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.]
RULE 39
(RESERVED)
RULE 40
ASSIGNMENT OF CASES
(a) Notice of Trial--Note of Issue.
(1) Of Fact. At any time after the issues of fact are completed in any
case by the service of complaint and answer or reply when necessary, as
herein provided, either party may cause the issues of fact to be brought on
for trial, by serving upon the opposite party a notice of trial at least 3
days before any day provided by rules of court for setting causes for
trial, which notice shall give the title of the cause as in the pleadings,
and notify the opposite party that the issues in such action will be
brought on for trial at the time set by the court; and the party giving
such notice of trial shall, at least 5 days before the day of setting such
causes for trial, file with the clerk of the court a note of issue
containing the title of the action, the names of the attorneys and the date
when the last pleading was served; and the clerk shall thereupon enter the
cause upon the trial docket according to the date of the issue.
(2) Of Law. In case an issue of law raised upon the pleadings is
desired to be brought on for argument, either party shall, at least 5 days
before the day set apart by the court under its rules for hearing issues of
law, serve upon the opposite party a like notice of trial and furnish the
clerk of the court with a note of issue as above provided, which note of
issue shall specify that the issue to be tried is an issue of law; and the
clerk of the court shall thereupon enter such action upon the motion docket
of the court.
(3) Adjournments. When a cause has once been placed upon either docket
of the court, if not tried or argued at the time for which notice was
given, it need not be noticed for a subsequent session or day, but shall
remain upon the docket from session to session or from law day to law day
until final disposition or stricken off by the court.
(4) Filing Note by Opposite Party. The party upon whom notice of trial
is served may file the note of issue and cause the action to be placed upon
the calendar without further notice on his part.
(5) Issue May Be Brought to Trial by Either Party. Either party, after
the notice of trial, whether given by himself or the adverse party, may
bring the issue to trial, and in the absence of the adverse party, unless
the court for good cause otherwise directs, may proceed with his case, and
take a dismissal of the action, or a verdict or judgment, as the case may
require.
(b) Methods. Each court of limited jurisdiction may provide by local
rule for placing of actions upon the trial calendar (1) without request of
the parties or (2) upon request of a party and notice to the other parties
or (3) in such other manner as the court deems expedient.
(c) Preferences. In setting cases for trial, unless otherwise provided
by statute, preference shall be given to criminal over civil cases, and
cases where the defendant or a witness is in confinement shall have
preference over other cases.
(d) Trials. When a cause is set and called for trial, it shall be tried
or dismissed, unless good cause is shown for a continuance. The court may
in a proper case, and upon terms, reset the same.
(e) Continuances. A motion to continue a trial on the ground of the
absence of evidence shall only be made upon affidavit showing the
materiality of the evidence expected to be obtained, and that due diligence
has been used to procure it, and also the name and address of the witness
or witnesses. The court may also require the moving party to state upon
affidavit the evidence which he expects to obtain; and if the adverse party
admits that such evidence would be given, and that it be considered as
actually given on the trial, or offered and overruled as improper, the
trial shall not be continued. The court, upon its allowance of the motion,
may impose terms or conditions upon the moving party.
(f) Change of Judge. In any case pending in any court of limited
jurisdiction, unless otherwise provided by law, the judge thereof shall be
deemed disqualified to hear and try the case when he is in anywise
interested or prejudiced. The judge, of his own initiative, may enter an
order disqualifying himself; and he shall also disqualify himself under the
provisions of this rule if, before the jury is sworn or the trial is
commenced, a party files an affidavit that such party cannot have a fair
and impartial trial by reason of the interest or prejudice of the judge or
for other ground provided by law. Only one such affidavit shall be filed by
the same party in the case and such affidavit shall be made as to only one
of the judges of said court.
All right to an affidavit of prejudice will be considered waived where
filed more than 10 days after the case is set for trial, unless the
affidavit alleges a particular incident, conversation or utterance by the
judge, which was not known to the party or his attorney within the 10-day
period. In multiple judge courts, or where a pro tempore or visiting judge
is designated as the trial judge, the 10-day period shall commence on the
date that the defendant or his attorney has actual notice of assignment or
reassignment to a designated trial judge.
RULE CRLJ 41
DISMISSAL OF ACTIONS
(a) Voluntary Dismissal.
(1) Mandatory. Any action shall be dismissed by the court:
(i) By stipulation. When all parties who have appeared so
stipulate in writing; or
(ii) By plaintiff before resting. Upon motion of the
plaintiff at any time before plaintiff rests at the conclusion of
his opening case.
(2) Permissive. After plaintiff rests after his opening case,
plaintiff may move for a voluntary dismissal without prejudice
upon good cause shown and upon such terms and conditions as the
court deems proper.
(3) Counterclaim. If a counterclaim has been pleaded by a
defendant prior to the service upon him of plaintiffs motion for
dismissal, the action shall not be dismissed against the
defendants objection unless the counterclaim can remain pending
for independent adjudication by the court.
(4) Effect. Unless otherwise stated in the order of
dismissal, the dismissal is without prejudice, except that an
order of dismissal operates as an adjudication upon the merits
when obtained by a plaintiff who has once dismissed an action
based on or including the same claim in any court of the United
States or of any state.
(b) Involuntary Dismissal; Effect. For failure of the
plaintiff to prosecute or to comply with these rules or any order
of the court, a defendant may move for dismissal of an action or
of any claim against him.
(1) Want of Prosecution on Motion of Party. Any civil action
shall be dismissed, without prejudice, for want of prosecution
whenever the plaintiff, counterclaimant, cross claimant, or third
party plaintiff neglects to note the action for trial or hearing
within 1 year after any issue of law or fact has been joined,
unless the failure to bring the same on for trial or hearing was
caused by the party who makes the motion to dismiss. Such motion
to dismiss shall come on for hearing only after 10 days' notice
to the adverse party. If the case is noted for trial before the
hearing on the motion, the action shall not be dismissed.
(2) Dismissal on Clerk's Motion.
(i) Notice. In all civil cases in which no action of record
has occurred during the previous 12 months, the clerk of the
court shall notify the attorneys of record by mail that the court
will dismiss the case unless, within 30 days following the
mailing of such, a party takes action of record or files a status
report with the court indicating the reason for inactivity and
projecting future activity and a case completion date. If the
court does not receive such a status report, it shall, on motion
of the clerk, dismiss the case without prejudice and without cost
to any party.
(ii) Mailing Notice; reinstatement. The clerk shall mail
notice of impending dismissal not later than 30 days after the
case becomes eligible for dismissal because of inactivity. A
party who does not receive the clerk's notice shall be entitled
to reinstatement of the case, without cost, upon motion brought
within a reasonable time after learning of the dismissal.
(iii) Discovery in Process. The filing of a document
indicating that discovery is occurring between the parties shall
constitute action of record for purposes of this rule.
(iv) Other Grounds for Dismissal and Reinstatement. This rule
is not a limitation upon any other power that the court may have
to dismiss or reinstate any action upon motion or otherwise.
(3) Defendants Motion After Plaintiff Rests. After the
plaintiff, in an action tried by the court without a jury, has
completed the presentation of his evidence, the defendant,
without waiving his right to offer evidence in the event the
motion is not granted, may move for a dismissal on the ground
that upon the facts and the law the plaintiff has shown no right
to relief. The court as trier of the facts may then determine
them and render judgment against the plaintiff or may decline to
render any judgment until the close of all the evidence. If the
court renders judgment on the merits against the plaintiff, the
court shall make findings as provided in RALJ 5.2. Unless the
court in its order for dismissal otherwise specifies, a dismissal
under this subsection and any dismissal not provided for in this
rule, other than a dismissal for lack of jurisdiction, for
improper venue, or for failure to join a party under rule 19,
operates as an adjudication upon the merits.
(c) Dismissal of Counterclaim, Cross Claim, or Third Party
Claim. The provisions of this rule apply to the dismissal of any
counterclaim, cross claim, or third party claim. A voluntary
dismissal by the claimant alone pursuant to subsection (a)(1) of
this rule shall be made before a responsive pleading is served
or, if there is none, before the introduction of evidence at the
trial or hearing.
(d) Costs of Previously Dismissed Action. If a plaintiff who
has once dismissed an action in any court commences an action
based upon or including the same claim against the same
defendant, the court may make such order for the payment of
taxable costs of the action previously dismissed as it may deem
proper and may stay the proceedings in the action until the
plaintiff has complied with the order.
(e) Notice of Settlements. If a case is settled after it has
been assigned for trial, it shall be the duty of the attorneys or
of any party appearing pro se to notify the court promptly of the
settlement. If the settlement is made within 5 days before the
trial date, the notice shall be made by telephone or in person.
All notices of settlement shall be confirmed in writing to the clerk.
[Amended effective September 1, 1997.]
RULE 42
CONSOLIDATION; SEPARATE TRIALS
(a) Consolidation. When actions involving a common question of law or
fact are pending before the court, it may order a joint hearing or trial of
any or all the matters in issue in the actions; it may order all the
actions consolidated; and it may make such orders concerning proceedings
therein as may tend to avoid unnecessary costs or delay.
(b) Separate Trials. The court in furtherance of convenience or to
avoid prejudice, or when separate trials will be conducive to expedition
and economy, may order a separate trial of any claim, cross claim,
counterclaim, or third party claim, or of any separate issue or of any
number of claims, cross claims, counterclaims, third party claims, or
issues, always preserving inviolate the right of trial by jury.
RULE CRLJ 43
TAKING OF TESTIMONY
(a) Testimony.
(1) Generally. In all trials the testimony of witnesses shall
be taken orally in open court, unless otherwise directed by the
court or provided by rule or statute.
(2) Multiple Examinations. When two or more attorneys are
upon the same side trying a case, the attorney conducting the
examination of a witness shall continue until the witness is
excused from the stand; and all objections and offers of proof
made during the examination of such witness shall be made or
announced by the attorney who is conducting the examination or
cross examination.
(b) and (c) (Reserved. See ER 103 and 611.)
(d) Oaths of Witnesses.
(1) Administration. The oaths of all witnesses
(i) shall be administered by the judge;
(ii) shall be administered to each witness individually; and
(iii) the witness shall stand while the oath is administered.
(2) Applicability. This rule shall not apply to civil ex
parte proceedings, and in such cases the manner of swearing
witnesses shall be as each court may prescribe.
(3) Affirmation in Lieu of Oath. Whenever under these rules
an oath is required to be taken, a solemn affirmation may be
accepted in lieu thereof.
(e) Evidence on Motions. When a motion is based on facts not
appearing of record the court may hear the matter on affidavits
presented by the respective parties, but the court may direct
that the matter be heard wholly or partly on oral testimony or depositions.
(f) Adverse Party as Witness.
(1) Party or Managing Agent as Adverse Witness. A party, or
anyone who at the time of the notice is an officer, director, or
other managing agent (herein collectively referred to as
"managing agent") of a public or private corporation, partnership
or association which is a party to an action or proceeding may be
examined at the instance of any adverse party. Attendance of such
deponent or witness may be compelled solely by notice (in lieu of
a subpoena) given in the manner prescribed in CR 30(b)(1) to
opposing counsel of record. Notices for the attendance of a party
or of a managing agent at the trial shall be given not less than
10 days before trial (exclusive of the day of service, Saturdays,
Sundays, and court holidays). For good cause shown in the manner
prescribed in CR 26(c), the court may make orders for the
protection of the party or managing agent to be examined.
(2) Effect of Discovery, etc. A party who has served
interrogatories to be answered by the adverse party or who has
taken the deposition of an adverse party or of the managing agent
of an adverse party shall not be precluded for that reason from
examining such adverse party or managing agent at the trial.
Matters admitted by an adverse party or managing agent in
interrogatory answers, deposition testimony, or trial testimony
are not conclusively established and may be rebutted.
(3) Refusal To Attend and Testify; Penalties. If a party or a
managing agent refuses to attend and testify before the officer
designated to take his deposition or at the trial after notice
served as prescribed in CR 30(b)(1), the complaint, answer, or
reply of the party may be stricken and judgment taken against the
party, and the contumacious party or managing agent may also be
proceeded against as in other cases of contempt. This rule shall
not be construed:
(i) to compel any person to answer any question where such
answer might tend to incriminate him;
(ii) to prevent a party from using a subpoena to compel the
attendance of any party or managing agent to give testimony by
deposition or at the trial; nor
(iii) to limit the applicability of any other sanctions or
penalties provided in CR 37 or otherwise for failure to attend
and give testimony.
(g) Attorney as Witness. If any attorney offers himself as a
witness on behalf of his client and gives evidence on the merits,
he shall not argue the case to the jury, unless by permission of the court.
(h) Recording as Evidence. Whenever the testimony of a
witness at a trial or hearing which was recorded is admissible in
evidence at a later trial, it may be proved by the recording
thereof duly certified by the person who recorded the testimony.
(i) (Reserved. See ER 804.)
(j) Record in Retrial of Nonjury Cases. In the event a cause
has been remanded by the court for a new trial or the taking of
further testimony, and such cause shall have been tried without a
jury, and the testimony in such cause shall have been taken in
full and used as the record upon review, either party upon the
retrial of such cause or the taking of further testimony therein
shall have the right, provided the court shall so order after an
application on 10 days' notice to the opposing party or parties,
to submit said record as the testimony in said cause upon its
second hearing, to the same effect as if the witnesses called by
him in the earlier hearing had been called, sworn, and testified
in the further hearing; but no party shall be denied the right to
submit other or further testimony upon such retrial or further
hearing, and the party having the right of cross examination
shall have the privilege of subpoenaing any witness whose
testimony is contained in such record for further cross examination.
(k) Juror Questions for Witnesses. The court shall permit
jurors to submit to the court written questions directed to
witnesses. Counsel shall be given an opportunity to object to
such questions in a manner that does not inform the jury that
an objection was made. The court shall establish procedures
for submitting, objecting to, and answering questions from
jurors to witnesses. The court may rephrase or reword
questions from jurors to witnesses. The court may refuse on
its own motion to allow a particular question from a juror to a witness.
[Adopted effective September 1, 1984; amended effective October 1, 2002;
September 1, 2006.]
RULE 44
PROOF OF OFFICIAL RECORD
(a) Authentication.
(1) Domestic. An official record kept within the United States, or any
state, district, commonwealth, territory, or within a territory subject to
the administrative or judicial jurisdiction of the United States, or an
entry therein, when admissible for any purpose, may be evidenced by an
official publication thereof or by a copy attested by the officer having
the legal custody of the record, or by the officer's deputy, and
accompanied by a certificate that such officer has the custody. The
certificate may be made by a judge of a court of record of the district or
political subdivision in which the record is kept, authenticated by the
seal of the court, or may be made by any public officer having a seal of
office or official custody of the seal of the political subdivision and
having official duties in the district or political subdivision in which
the record is kept, authenticated by the seal of the officer's office or
the seal of the political subdivision.
(2) Foreign. A foreign official record, or an entry therein, when
admissible for any purpose, may be evidenced by an official publication
thereof; or a copy thereof, attested by a person authorized to make the
attestation, and accompanied by a final certification as to the genuineness
of the signature and official position (i) of the attesting person, or (ii)
of any foreign official whose certificate of genuineness of signature and
official position relates to the attestation or is in a chain of
certificates of genuineness of signature and official position relating to
the attestation. A final certification may be made by a secretary of
embassy or legation, consul general, consul, vice-consul, or consular agent
of the United States, or a diplomatic or consular official of the foreign
country assigned or accredited to the United States. If reasonable
opportunity has been given to all parties to investigate the authenticity
and accuracy of the documents, the court may, for good cause shown, either
admit an attested copy without final certification or permit the foreign
official record to be evidenced by an attested summary with or without a
final certification. The final certification is unnecessary if the record
and the attestation are certified as provided in a treaty or convention to
which the United States and the foreign country in which the official
record is located are parties.
(b) Lack of Record. A written statement that after diligent search no
record or entry of a specified tenor is found to exist in the records,
designated by the statement, authenticated as provided in subsection (a)(1)
of this rule in the case of a domestic record, or complying with the
requirements of subsection (a)(2) of this rule for a summary in the case of
a foreign record, is admissible as evidence that the records contain no
such record or entry.
(c) Other Proof. This rule does not prevent the proof of official
records or of entry or lack of entry therein by any other method authorized
by law.
RULE 44.1
DETERMINATION OF FOREIGN LAW
(a) Pleading. A party who intends to raise an issue concerning the law
of a state, territory, or other jurisdiction of the United States, or a
foreign country shall give notice in his pleadings in accordance with rule
9(k).
(b) United States Jurisdiction. The law of a state, territory, or other
jurisdiction of the United States shall be determined as provided in RCW
5.24.
(c) Other Jurisdictions. The court, in determining the law of any
jurisdiction other than a state, territory, or other jurisdiction of the
United States, may consider any relevant written material or other source,
including testimony, having due regard for their trustworthiness, whether
or not submitted by a party and whether or not admissible under the Rules
of Evidence. If the court considers any material or source not received in
open court, prior to its determination the court shall:
(1) Identify in the record such material or source;
(2) Summarize in the record any unwritten information received; and
(3) Afford the parties an opportunity to respond thereto. The courts
determination shall be treated as a ruling on a question of law.
RULE 45.
SUBPOENA
(a) Form; Issuance.
(1) Every subpoena shall:
(A) state the name of the court from which it is issued;
(B) state the title of the action, the name of the court in which it is
pending, and its case number;
(C) command each person to whom it is directed to attend and give
testimony or to produce and permit inspection and copying of designated
books, documents or tangible things in the possession, custody or control of
that person, or to permit inspection of premises, at a time and place
therein specified; and
(D) set forth the text of subsections (c) and (d) of this rule.
(2) A subpoena for attendance at a deposition shall state the method for
recording the testimony.
(3) A command to a person to produce evidence or to permit inspection may be
joined with a command to appear at trial or hearing or at deposition, or may be
issued separately. A party may be compelled to produce evidence at a
deposition or permit inspection only in accordance with rule 26.
(4) A subpoena may be issued by the court in which the action is pending in
the name of the State of Washington or by the clerk in response to a praecipe.
An attorney of record of a party or other person authorized by statute may
issue and sign a subpoena, subject to RCW 5.56.010.
(b) Service.
(1) A subpoena may be served by any suitable person over 18 years of age by
giving the person named therein a copy thereof, or by leaving a copy at such
person's dwelling house or usual place of abode with some person of suitable
age and discretion then residing therein. When service is made by any person
other than an officer authorized to serve process, proof of service shall be
made by affidavit.
(2) A subpoena commanding production of documents and things, or inspection
of premises, without a command to appear for deposition, hearing or trial,
shall be served on each party in the manner prescribed by rule 5(b). Such
service shall be made no fewer than five days prior to service of the subpoena
on the person named therein, unless the parties otherwise agree or the court
otherwise orders for good cause shown. A motion for such an order may be made ex parte.
(c) Protection of Persons Subject to Subpoenas.
(1) A party or an attorney responsible for the issuance and service of a
subpoena shall take reasonable steps to avoid imposing undue burden or expense
on a person subject to that subpoena. The court shall enforce this duty and
impose upon the party or attorney in breach of this duty an appropriate
sanction, which may include, but is not limited to, lost earnings and a
reasonable attorney's fee.
(2)(A) A person commanded to produce and permit inspection and copying of
designated books, papers, documents or tangible things, or inspection of
premises need not appear in person at the place of production or inspection
unless commanded to appear for deposition, hearing or trial.
(B) Subject to subsection (d)(2) of this rule, a person commanded to
produce and permit inspection and copying may, within 14 days after service of
the subpoena or before the time specified for compliance if such time is less
than 14 days after service, serve upon the party or attorney designated in the
subpoena written objection to inspection or copying of any or all of the
designated materials or of the premises. If objection is made, the party
serving the subpoena shall not be entitled to inspect and copy the materials or
inspect the premises except pursuant to an order of the court by which the
subpoena was issued. If objection has been made, the party serving the
subpoena may, upon notice to the person commanded to produce and all other
parties, move at any time for an order to compel the production. Such an order
to compel production shall protect any person who is not a party or an officer
of a party from significant expense resulting from the inspection and copying
commanded.
(3)(A) On timely motion, the court by which a subpoena was issued shall
quash or modify the subpoena if it:
(i) fails to allow reasonable time for compliance;
(ii) fails to comply with RCW 5.56.010 or subsection (e)(2) of this rule;
(iii) requires disclosure of privileged or other protected matter and
no exception or waiver applies; or
(iv) subjects a person to undue burden, provided that the court may
condition denial of the motion upon a requirement that the subpoenaing
party advance the reasonable cost of producing the books, papers,
documents, or tangible things.
(B) If a subpoena
(i) requires disclosure of a trade secret or other confidential
research, development, or commercial information, or
(ii) requires disclosure of an unretained expert's opinion or
information not describing specific events or occurrences in dispute
and resulting from the expert's study made not at the request of any
party, the court may, to protect a person subject to or affected by the
subpoena, quash or modify the subpoena or, if the party in whose behalf
the subpoena is issued shows a substantial need for the testimony or
material that cannot be otherwise met without undue hardship and
assures that the person to whom the subpoena is addressed will be
reasonably compensated, the court may order appearance or production
only upon specified conditions.
(d) Duties in Responding to Subpoena.
(1) A person responding to a subpoena to produce documents shall produce
them as they are kept in the usual course of business or shall organize and
label them to correspond with the categories in the demand.
(2)(A) When information subject to a subpoena is withheld on a claim that
it is privileged or subject to protection as trial preparation materials,
the claim shall be made expressly and shall be supported by a description of
the nature of the documents, communications, or things not produced that is
sufficient to enable the demanding party to contest the claim.
(B) If information produced in response to a subpoena is subject to a
claim of privilege or of protection as trial-preparation material, the
person making the claim may notify any party that received the information
of the claim and the basis for it. After being notified, a party must
promptly return, sequester, or destroy the specified information and any
copies it has; must not use or disclose the information until the claim is
resolved; must take reasonable steps to retrieve the information if the
party disclosed it before being notified; and may promptly present the
information in camera to the court for a determination of the claim. The
person responding to the subpoena must preserve the information until the
claim is resolved.
(e) Subpoena for Taking Deposition, Producing Documents, or Permitting Inspection.
(1) Witness Fees and Mileage. [Reserved. See RCW 2.40.020.]
(2) Place of Examination. A resident of the state may be required to
attend an examination, produce documents, or permit inspection only in the
county where the person resides or is employed or transacts business in
person, or at such other convenient place as is fixed by an order of the
court. A nonresident of the state may be required to attend an examination,
produce documents, or permit inspection only in the county where the person
is served with a subpoena, or within 40 miles from the place of service, or
at such other convenient place as is fixed by an order of the court.
(3) Foreign Proceedings for Local Actions. When the place of examination,
production, or inspection is in another state, territory, or country, the
party desiring to take the deposition, obtain production, or conduct
inspection may secure the issuance of a subpoena or equivalent process in
accordance with the laws of such state, territory, or country.
(4) Local Depositions for Foreign Actions. When any officer or person is
authorized to take depositions in this state by the law of another state,
territory, or country, with or without a commission, a subpoena to require
attendance before such officer or person may be issued by any court of this
state for attendance at any place within its jurisdiction.
(f) Subpoena For Hearing or Trial.
(1) When Witnesses Must Attend-Fees and Allowances. [Reserved. See RCW 5.56.010.]
(2) When Excused. A witness subpoenaed to attend in a civil case is
dismissed and excused from further attendance as soon as the witness has
given testimony in chief and has been cross-examined thereon, unless either
party moves in open court that the witness remain in attendance and the
court so orders. Witness fees will not be allowed any witness after the day
on which the witness' testimony is given, except when the witness has in
open court been required to remain in further attendance, and when so
required the clerk shall note that fact.
(g) Contempt.
Failure by any person without adequate excuse to obey a subpoena served upon
that person may be deemed a contempt of the court from which the subpoena
issued. An adequate cause for failure to obey exists when a subpoena purports
to require a non-party to attend a deposition, produce documents, or permit
inspection at a place not within the limits provided by subsection (e)(2).
(h) Form. A subpoena should be substantially in the form below.
Issued by the
[NAME OF COURT]
SUBPOENA IN A CIVIL CASE
v.
CAUSE NUMBER:
TO:
[ ] YOU ARE COMMANDED to appear in the above captioned court at the place, date,
and time specified below to testify in the above case.
____________________________ ________________________________________
PLACE OF TESTIMONY COURTROOM
________________________________________
DATE AND TIME
[ ] YOU ARE COMMANDED to appear at the place, date, and time specified below to
testify at the taking of a deposition in the above case.
Any organization not a party to this suit that is subpoenaed for the taking of
a deposition shall designate one or more officers, directors, or managing
agents, or other persons who consent to testify on its behalf, and may set
forth, for each person designated, the matters on which the person will
testify. CRLJ 26.
____________________________ ________________________________________
PLACE OF DEPOSITION DATE AND TIME
[ ] YOU ARE COMMANDED to produce and permit inspection and copying of the
following documents or tangible things at the place, date, and time specified
below (list documents or objects):
____________________________ ________________________________________
PLACE DATE AND TIME
[ ] YOU ARE COMMANDED to permit inspection of the following premises at the date
and time specified below.
____________________________ ________________________________________
PREMISES DATE AND TIME
________________________________________________________________________
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER
________________________________________________________________________
PROOF OF SERVICE
DATE PLACE
SERVED
________________________________________________________________________
SERVED ON (PRINT NAME) MANNER OF SERVICE
________________________________________________________________________
SERVED BY (PRINT NAME) TITLE
________________________________________________________________________
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the State of
Washington that the foregoing information contained in the Proof of Service is
true and correct.
Executed on _________________________ ____________________________
DATE/PLACE SIGNATURE OF SERVER
____________________________________
ADDRESS OF SERVER
CRLJ 45, Sections (c) & (d):
(c) Protection of Persons Subject to Subpoenas.
(1) A party or an attorney responsible for the issuance and service of a
subpoena shall take reasonable steps to avoid imposing undue burden or expense
on a person subject to that subpoena. The court shall enforce this duty and
impose upon the party or attorney in breach of this duty an appropriate
sanction, which may include, but is not limited to, lost earnings and a
reasonable attorney's fee.
(2)(A) A person commanded to produce and permit inspection and copying of
designated books, papers, documents or tangible things, or inspection of
premises need not appear in person at the place of production or inspection
unless commanded to appear for deposition, hearing or trial.
(B) Subject to subsection (d)(2) of this rule, a person commanded to
produce and permit inspection and copying may, within 14 days after service
of the subpoena or before the time specified for compliance if such time
is less than 14 days after service, serve upon the party or attorney
designated in the subpoena written objection to inspection or copying of any
or all of the designated materials or of the premises. If objection is made,
the party serving the subpoena shall not be entitled to inspect and copy the
materials or inspect the premises except pursuant to an order of the court by
which the subpoena was issued. If objection has been made, the party
serving the subpoena may, upon notice to the person commanded to produce and
all other parties, move at any time for an order to compel the production.
Such an order to compel production shall protect any person who is not a party
or an officer of a party from significant expense resulting from the inspection
and copying commanded.
(3)(A) On timely motion, the court by which a subpoena was issued shall
quash or modify the subpoena if it:
(i) fails to allow reasonable time for compliance;
(ii) fails to comply with RCW 5.56.010 or subsection (e)(2) of this rule;
(iii) requires disclosure of privileged or other protected matter and no
exception or waiver applies; or
(iv) subjects a person to undue burden, provided that the court may
condition denial of the motion upon a requirement that the
subpoenaing party advance the reasonable cost of producing the books,
papers, documents, or tangible things.
(B) If a subpoena
(i) requires disclosure of a trade secret or other confidential research,
development, or commercial information, or
(ii) requires disclosure of an unretained expert's opinion or information
not describing specific events or occurrences in dispute and resulting
from the expert's study made not at the request of any party, the court
may, to protect a person subject to or affected by the subpoena, quash
or modify the subpoena or, if the party in whose behalf the subpoena is
issued shows a substantial need for the testimony or material that cannot
be otherwise met without undue hardship and assures that the person to
whom the subpoena is addressed will be reasonably compensated, the court
may order appearance or production only upon specified conditions.
(d) Duties in Responding to Subpoena.
(1) A person responding to a subpoena to produce documents shall produce them as they
are kept in the usual course of business or shall organize and label them to correspond
with the categories in the demand.
(2)(A) When information subject to a subpoena is withheld on a claim that it is
privileged or subject to protection as trial preparation materials, the claim shall
be made expressly and shall be supported by a description of the nature of the
documents, communications, or things not produced that is sufficient to enable the
demanding party to contest the claim.
(B) If information produced in response to a subpoena is subject to a claim of
privilege or of protection as trial- preparation material, the person making the
claim may notify any party that received the information of the claim and the
basis for it. After being notified, a party must promptly return, sequester, or
destroy the specified information and any copies it has; must not use or disclose
the information until the claim is resolved; must take reasonable steps to retrieve
the information if the party disclosed it before being notified; and may promptly
present the information in camera to the court for a determination of the claim.
The person responding to the subpoena must preserve the information until
the claim is resolved.
[Amended September 1, 2009]
RULE 46
EXCEPTIONS UNNECESSARY
Formal exceptions to rulings or orders of the court are unnecessary;
but for all purposes for which an exception has heretofore been necessary
it is sufficient that a party, at the time the ruling or order of the court
is made or sought, makes known to the court the action which he desires the
court to take or his objection to the action of the court and his grounds
therefor; and, if a party has no opportunity to object to a ruling or order
at the time it is made, the absence of an objection does not thereafter
prejudice him.
RULE 47
JURORS
(a) Examination, Selection, etc. See rule 38.
(b) Care of Jury While Deliberating.
(1) Generally. During trial and deliberations the jury may be allowed
to separate unless good cause is shown, on the record, for sequestration of
the jury.
(2) Communication Restricted. Unless the jury is allowed to separate,
the jurors shall be kept together under the charge of one or more officers
until they agree upon their verdict or are discharged by the court. The
officer shall keep the jurors separate from other persons and shall not
allow any communication which may affect the case to be made to the jurors,
nor make any himself, unless by order of the court, except to ask the
jurors if they have agreed upon their verdict. The officer shall not,
before the verdict is rendered, communicate to any person the state of the
jurors' deliberations or their verdict.
(3) Motions. Any motions or proceedings concerning the separation or
sequestration of the jury shall be made out of the presence of the jury.
RULE 48
JURIES OF FEWER THAN SIX
(Reserved. See RCW 12.12.030.)
RULE 49
VERDICTS
(-) General Verdict. A general verdict is that by which the jury
pronounces generally upon all or any of the issues in favor of either the
plaintiff or defendant.
(a) Special Verdict. The court may require a jury to return only a
special verdict in the form of a special written finding upon each issue of
fact. In that event the court may submit to the jury written questions
susceptible of categorical or other brief answer or may submit written
forms of the several special findings which might properly be made under
the pleadings and evidence; or it may use such other method of submitting
the issues and requiring the written findings thereon as it deems most
appropriate. The court shall give to the jury such explanation and
instruction concerning the matter thus submitted as may be necessary to
enable the jury to make its findings upon each issue. If in so doing the
court omits any issue of fact raised by the pleadings or by the evidence,
each party waives his rights to a trial by jury of the issue so omitted
unless before the jury retires he demands its submission to the jury. As to
an issue omitted without such demand the court may make a finding; or, if
it fails to do so, it shall be deemed to have made a finding in accord with
the judgment on the special verdict.
(b) General Verdict Accompanied by Answer to Interrogatories. The court
may submit to the jury, together with appropriate forms for a general
verdict, written interrogatories upon one or more issues of fact the
decision of which is necessary to a verdict. The court shall give such
explanation or instruction as may be necessary to enable the jury both to
make answers to the interrogatories and to render a general verdict, and
the court shall direct the jury both to make written answers and to render
a general verdict. When the general verdict and the answers are harmonious,
the appropriate judgment upon the verdict and answers shall be entered
pursuant to rule 58. When the answers are consistent with each other but
one or more is inconsistent with the general verdict, judgment may be
entered pursuant to rule 58 in accordance with the answers, notwithstanding
the general verdict, or the court may return the jury for further
consideration of its answers and verdict or may order a new trial. When the
answers are inconsistent with each other and one or more is likewise
inconsistent with the general verdict, judgment shall not be entered, but
the court shall return the jury for further consideration of its answers
and verdict or shall order a new trial.
(c) Discharge of Jury. (Reserved. See RCW 12.12.080 and 12.12.090.)
(d) Court Recess During Deliberation. (Reserved. See RCW 4.44.350.)
(e) Proceedings When Jury Has Agreed. (Reserved. See RCW 4.44.360.)
(f) Manner of Giving Verdict. (Reserved. See RCW 4.44.370.)
(g) Verdict by Five Jurors in Civil Cases. (Reserved. See RCW
4.44.380.)
(h) Jury May Be Polled. (Reserved. See RCW 4.44.390.)
(i) Correction of Informal Verdict. (Reserved. See RCW 4.44.400.)
(j) Jury To Assess Amount of Recovery. (Reserved. See RCW 4.44.450.)
(k) Receiving Verdict and Discharging Jury. (Reserved. See RCW
12.12.080 and 12.12.090.)
RULE CRLJ 50
JUDGMENT AS A MATTER OF LAW IN JURY TRIALS;
ALTERNATIVE MOTION FOR NEW TRIAL; CONDITIONAL RULINGS
(a) Judgment as a Matter of Law.
(1) Nature and Effect of Motion. If, during a trial by jury, a party
has been fully heard with respect to an issue and there is no legally
sufficient evidentiary basis for a reasonable jury to find or have found
for that party with respect to that issue, the court may grant a motion for
judgment as a matter of law against that party on any claim, counterclaim,
cross claim, or third party claim that cannot under the controlling law be
maintained without a favorable finding on that issue. Such a motion shall
specify the judgment sought and the law and the facts on which the moving
party is entitled to judgment. A motion for judgment as a matter of law
which is not granted is not a waiver of trial by jury even though all
parties to the action have moved for judgment as a matter of law.
(2) When Made. A motion for judgment as a matter of law may be made at
any time before submission of the case to the jury.
(b) Renewing Motion for Judgment After Trial; Alternative Motion for
New Trial. If, for any reason, the court does not grant a motion for
judgment as a matter of law made at the close of all the evidence, the
court is considered to have submitted the action to the jury subject to the
court's later deciding the legal questions raised by the motion. The movant
may renew its request for judgment as a matter of law by filing a motion no
later than 10 days after entry of judgment - and may alternatively request
a new trial or join a motion for a new trial under rule 59. In ruling on a
renewed motion, the court may:
(1) if a verdict was returned:
(A) allow the judgment to stand,
(B) order a new trial, or
(C) direct entry of judgment as a matter of law; or
(2) if no verdict was returned:
(A) order a new trial, or
(B) direct entry of judgment as a matter of law.
(c) Alternative Motions for Judgment as a Matter of Law or for a New
Trial--Effect of Appeal. Whenever a motion for judgment as a matter of law
and, in the alternative, for a new trial shall be filed and submitted in
any court of limited jurisdiction in any civil cause tried before a jury,
and such court shall enter an order granting such motion for judgment as a
matter of law, such court shall at the same time, in the alternative, pass
upon and decide in the same order such motion for a new trial; such ruling
upon said motion for a new trial not to become effective unless and until
the order granting the motion for judgment as a matter of law shall
thereafter be reversed, vacated, or set aside in the manner provided by
law. An appeal to the superior court from a judgment granted on a motion
for judgment as a matter of law shall, of itself, without the necessity of
cross appeal, bring up for review the ruling of the trial court on the
motion for a new trial; and the superior court shall, if it reverses the
judgment entered as a matter of law, review and determine the validity of
the ruling on the motion for a new trial.
(d) Same: Denial of Motion for Judgment as a Matter of Law. If the
motion for judgment as a matter of law is denied, the party who prevailed
on that motion may, as appellee, assert grounds entitling the party to a
new trial in the event the superior court concludes that the trial court
erred in denying the motion for judgment. If the superior court reverses
the judgment, nothing in this rule precludes it from determining that the
appellee is entitled to a new trial, or from directing the trial court to
determine whether a new trial shall be granted.
[Amended effective September 1, 1994; September 1, 2005.]
RULE CRLJ 51
INSTRUCTIONS TO JURY AND DELIBERATION
(a) Proposed. Unless otherwise requested by the trial judge on timely
notice to counsel, proposed instructions shall be submitted when the case
is called for trial. Proposed instructions upon questions of law developed
by the evidence, which could not reasonably be anticipated, may be
submitted at any time before the court has instructed the jury.
(b) Submission. Submission of proposed instructions shall be by
delivering the original and three or more copies as required by the trial
judge, by filing one copy with the clerk, identified as the party's
proposed instructions, and by serving one copy upon each opposing counsel.
(c) Form. Each proposed instruction shall be typewritten or printed on
a separate sheet of letter-size (8-1/2 by 11 inches) paper. Except for one
copy of each, the instructions delivered to the trial court shall not be
numbered or identified as to the proposing party. One copy delivered to the
trial court, and the copy filed with the clerk, and copies served on each
opposing counsel shall be numbered and identified as to proposing party,
and may contain supporting annotations.
(d) Published Instructions.
(1) Request. Any instruction appearing in the Washington Pattern
Instructions (WPI) may be requested by counsel who must submit the proper
number of copies of the requested instruction, identified by number as in
section (c) of this rule, in the form he wishes it read to the jury. If the
instruction in WPI allows or provides for a choice of wording by the use of
brackets or otherwise, the written requested instruction shall use the
choice of wording which is being requested.
(2) Record on Review. Where the refusal to give a requested instruction
is an asserted error on review, a copy of the requested instruction shall
be placed in the record on review.
(3) Local Option. Any court of limited jurisdiction may adopt a local
rule to substitute for subsection (d)(1) and to allow instructions
appearing in the Washington Pattern Instructions (WPI) to be requested by
reference to the published number. If the instruction in WPI allows or
provides for a choice of wording by the use of brackets or otherwise, the
local rule must require that the written request which designates the
number of the instruction shall also designate the choice of wording which
is being requested.
(e) Disregarding Requests. The trial court may disregard any proposed
instruction not submitted in accordance with this rule.
(f) Objections to Instruction. Before instructing the jury, the court
shall supply counsel with copies of its proposed instructions which shall
be numbered. Counsel shall then be afforded an opportunity in the absence
of the jury to make objections to the giving of any instruction and to the
refusal to give a requested instruction. The objector shall state
distinctly the matter to which he objects and the grounds of his objection,
specifying the number, paragraph or particular part of the instruction to
be given or refused and to which objection is made.
(g) Instructing the Jury and Argument. After counsel have completed
their objections and the court has made any modifications deemed
appropriate, the court shall then provide each counsel with a copy of the
instructions in their final form. The court shall then read the
instructions to the jury. The plaintiff or party having the burden of proof
may then address the jury upon the evidence, and the law as contained in
the courts instructions; after which the adverse party may address the
jury; followed by the rebuttal of the party first addressing the jury.
(h) Deliberation. After argument, the jury shall retire to consider its
verdict. In addition to the written instructions given, the jury shall take
with it all exhibits received in evidence, except depositions. Copies may
be substituted for any parts of public records or private documents as
ought not, in the opinion of the court, to be taken from the person having
them in possession. Pleadings shall not go to the jury room.
(i) Questions from Jury During Deliberations. The jury shall be
instructed that any question it wishes to ask the court about the
instructions or evidence should be signed, dated and submitted in writing
to the bailiff without any indication of the status of the jury’s
deliberations. The court shall notify the parties of the contents of the
questions and provide them an opportunity to comment upon an appropriate
response. Written questions from the jury, the court’s response and any
objections thereto shall be made a part of the record. The court shall
respond to all questions from a deliberating jury in open court or in
writing. In its discretion, the court may grant a jury’s request to rehear
or replay evidence, but should do so in a way that is least likely to be
seen as a comment on the evidence, in a way that is not unfairly
prejudicial and in a way that minimizes the possibility that jurors will
give undue weight to such evidence. Any additional instruction upon any
point of law shall be given in writing.
(j) Comments Upon Evidence. Judges shall not instruct with respect to
matters of fact, nor comment thereon.
[Adopted effective September 1, 1984; amended effective October 1, 2002.]
RULE 52
FINDINGS BY THE COURT
(Reserved. See RALJ 5.2.)
RULE 53
MASTERS
(RESERVED)
RULE 53.1
REFEREES
(RESERVED)
RULE 53.2
COURT COMMISSIONERS
(Reserved. See RCW 3.42.)
RULE 54
JUDGMENTS; COSTS
(a) Definition; Form. "Judgment" as used in these rules includes a
decree and any final order from which an appeal lies. A judgment shall not
contain a recital of pleadings or the record of prior proceedings.
Judgments may be in writing signed by the court or may be oral confirmed by
an entry in the record.
(b) Judgment Upon Multiple Claims or Involving Multiple Parties. When
more than one claim for relief is presented in an action, whether as a
claim, counterclaim, cross claim, or third party claim, or when multiple
parties are involved, the court may direct the entry of a final judgment as
to one or more but fewer than all of the claims or parties only upon an
express determination in the judgment that there is no just reason for
delay and upon an express direction for the entry of judgment. In the
absence of such determination and direction, any order or other form of
decision, however designated, which adjudicates fewer than all the claims
or the rights and liabilities of fewer than all the parties shall not
terminate the action as to any of the claims or parties, and the order or
other form of decision is subject to revision at any time before the entry
of judgment adjudicating all the claims and the rights and liabilities of
all the parties.
(c) Demand for Judgment. A judgment by default shall not be different
in kind from or exceed in amount that prayed for in the demand for
judgment. Except as to a party against whom a judgment is entered by
default, every final judgment shall grant the relief to which the party in
whose favor it is rendered is entitled, even if the party has not demanded
such relief in his pleadings.
(d) Costs. Costs shall be fixed and allowed as provided in RCW
12.20.060 or by any other applicable statute.
RULE 55
DEFAULT
(a) Entry of Default.
(1) Motion. When a party against whom a judgment for affirmative relief
is sought has failed to appear, plead, or otherwise defend as provided by
these rules and that fact is made to appear by motion and affidavit, a
motion for default may be made.
(2) Pleading After Default. Any party may respond to any pleading or
otherwise defend at any time before a motion for default and supporting
affidavit is filed, whether the party previously has appeared or not. If
the party has appeared before the motion is filed, he may respond to the
pleading or otherwise defend at any time before the hearing on the motion.
If the party has not appeared before the motion is filed he may not respond
to the pleading nor otherwise defend without leave of court. Any
appearances for any purpose in the action shall be for all purposes under
this rule 55.
(3) Notice. Any party who has appeared in the action for any purpose,
shall be served with a written notice of motion for default and the
supporting affidavit at least 5 days before the hearing on the motion. Any
party who has not appeared before the motion for default and supporting
affidavit are filed is not entitled to a notice of the motion, except as
provided in subsection (f)(2)(i).
(4) Venue. A motion for default shall include a statement of the basis
for venue in the action. A default shall not be entered if it clearly
appears to the court from the papers on file that the action was brought in
an improper district.
(b) Entry of Default Judgment. As limited in rule 54(c), judgment after
default may be entered as follows, if proof of service is on file as
required by subsection (b)(4):
(1) When Amount Certain. When the claim against a party, whose default
has been entered under section (a), is for a sum certain or for a sum which
can by computation be made certain, the court upon motion and affidavit of
the amount due shall enter judgment for that amount and costs against the
party in default, if he is not an infant or incompetent person. No judgment
by default shall be entered against an infant or incompetent person unless
represented by a general guardian or guardian ad litem. Findings of fact
and conclusions of law are not necessary under this subsection even though
reasonable attorney fees are requested and allowed.
(2) When Amount Uncertain. If, in order to enable the court to enter
judgment or to carry it into effect, it is necessary to take an account or
to determine the amount of damages or to establish the truth of any
averment by evidence or to make an investigation of any other matter, the
court may conduct such hearings as are deemed necessary or, when required
by statute, shall have such matters resolved by a jury. Findings of fact
and conclusions of law are required under this subsection.
(3) When Service by Publication or Mail. In an action where the service
of the summons was by publication, or by mail under rule 4(d)(4), the
plaintiff, upon the expiration of the time for answering, may, upon proof
of service, apply for judgment. The court must thereupon require proof of
the demand mentioned in the complaint, and must require the plaintiff or
his agent to be examined on oath respecting any payments that have been
made to the plaintiff, or to anyone for his use on account of such demand,
and may render judgment for the amount which he is entitled to recover, or
for such other relief as he may be entitled to.
(4) Costs and Proof of Service. Costs shall not be awarded and default
judgment shall not be rendered unless proof of service is on file with the
court.
(c) Setting Aside Default.
(1) Generally. For good cause shown and upon such terms as the court
deems just, the court may set aside an entry of default and, if a judgment
by default has been entered, may likewise set it aside in accordance with
rule 60(b).
(2) When Venue Is Improper. A default judgment entered in a district of
improper venue is valid but will on motion be vacated for irregularity
pursuant to rule 60(b)(1). A party who procures the entry of the judgment
shall, in the vacation proceedings, be required to pay to the party seeking
vacation the costs and reasonable attorney fees incurred by the party in
seeking vacation if the party procuring the judgment could have determined
the district of proper venue with reasonable diligence. This subsection
does not apply if either (i) the parties stipulate in writing to venue
after commencement of the action, or (ii) the defendant has appeared, has
been given written notice of the motion for an order of default, and does
not object to venue before the entry of the default order.
(d) Plaintiffs, Counterclaimants, Cross Claimants. The provisions of
this rule apply whether the party entitled to the judgment by default is a
plaintiff, a third party plaintiff, or a party who has pleaded a cross
claim or counterclaim. In all cases a judgment by default is subject to the
limitations of rule 54(c).
(e) Judgment Against State. (Reserved.)
(f) How Made After Elapse of Year.
(1) Notice. When more than 1 year has elapsed after service of summons
with no appearance being made, the court shall not sign an order of default
or enter a judgment until a notice of the time and place of the application
for the order or judgment is served on the party in default, not less than
10 days prior to the entry. Proof by affidavit of the service of the notice
shall be filed before entry of the judgment.
(2) Service. Service of notice of the time and place on the application
for the order of default or default judgment shall be made as follows:
(i) by service upon the attorney of record;
(ii) if there is no attorney of record, then by service upon the
defendant by certified mail with return receipt of said service to be
attached to the affidavit in support of the application; or
(iii) by a personal service upon the defendant in the same manner
provided for service of process.
(iv) If service of notice cannot be made under sections (i) and (iii),
the notice may be given by publication in a newspaper of general
circulation in the county in which the action is pending for one
publication, and by mailing a copy to the last known address of each
defendant. Both the publication and mailing shall be done 10 days prior to
the hearing.
RULE 56
SUMMARY JUDGMENT
(a) For Claimant. A party seeking to recover upon a claim,
counterclaim, or cross claim, or to obtain a declaratory judgment may, at
any time after the expiration of the period within which the defendant is
required to appear, or after service of a motion for summary judgment by
the adverse party, move with or without supporting affidavits for a summary
judgment in his favor upon all or any part thereof.
(b) For Defending Party. A party against whom a claim, counterclaim, or
cross claim is asserted or a declaratory judgment is sought may, at any
time, move with or without supporting affidavits for a summary judgment in
his favor as to all or any part thereof.
(c) Motion and Proceedings. The motion shall be served at least 10 days
before the time fixed for the hearing. The adverse party, prior to the day
of hearing, may serve opposing affidavits. The judgment sought shall be
rendered forthwith if the pleadings, depositions, and admissions on file,
together with the affidavits, if any, show that there is no genuine issue
as to any material fact and that the moving party is entitled to a judgment
as a matter of law. A summary judgment, interlocutory in character, may be
rendered on the issue of liability alone although there is a genuine issue
as to the amount of damages.
(d) Case Not Fully Adjudicated on Motion. If on motion under the rule
judgment is not rendered upon the whole case or for all the relief asked
and a trial is necessary, the court at the hearing of the motion, by
examining the pleadings and the evidence before it and by interrogating
counsel, shall if practicable ascertain what material facts exist without
substantial controversy and what material facts are actually and in good
faith controverted. It shall thereupon make an order specifying the facts
that appear without substantial controversy, including the extent to which
the amount of damages or other relief is not in controversy, and directing
such further proceedings in the action as are just. Upon the trial of the
action, the facts so specified shall be deemed established, and the trial
shall be conducted accordingly.
(e) Form of Affidavits; Further Testimony; Defense Required. Supporting
and opposing affidavits shall be made on personal knowledge, shall set
forth such facts as would be admissible in evidence, and shall show
affirmatively that the affiant is competent to testify to the matters
stated therein. Sworn or certified copies of all papers or parts thereof
referred to in an affidavit shall be attached thereto or served therewith.
The court may permit affidavits to be supplemented or opposed by
depositions, answers to interrogatories, or further affidavits. When a
motion for summary judgment is made and supported as provided in this rule,
an adverse party may not rest upon the mere allegations or denials of his
pleading, but his response, by affidavits or as otherwise provided in this
rule, must set forth specific facts showing that there is a genuine issue
for trial. If he does not so respond, summary judgment, if appropriate,
shall be entered against him.
(f) When Affidavits Are Unavailable. Should it appear from the
affidavits of a party opposing the motion that he cannot, for reasons
stated, present by affidavit facts essential to justify his opposition, the
court may refuse the application for judgment or may order a continuance to
permit affidavits to be obtained or depositions to be taken or discovery to
be had or may make such other order as is just.
(g) Affidavits Made in Bad Faith. Should it appear to the satisfaction
of the court at any time that any of the affidavits presented pursuant to
this rule are presented in bad faith or solely for the purpose of delay,
the court shall forthwith order the party employing them to pay to the
other party the amount of the reasonable expenses which the filing of the
affidavits caused him to incur, including reasonable attorney fees, and any
offending party or attorney may be adjudged guilty of contempt.
RULE 57
(RESERVED)
RULE CRLJ 58
ENTRY OF JUDGMENT
Upon the verdict of a jury, the court shall immediately
render judgment thereon. If the trial is by the judge, judgment
shall be entered immediately after the close of the trial, unless
he or she reserves decision, in which event the decision shall be
rendered within 45 days.
[Amended effective September 1, 1994.]
RULE CRLJ 59
NEW TRIAL, RECONSIDERATION, AND AMENDMENT
OF JUDGMENTS
(a) Grounds for New Trial or Reconsideration. On the motion
of the party aggrieved, a verdict may be vacated and a new trial
granted to all or any of the parties, and on all of the issues,
or on some of the issues when such issues are clearly and fairly
separable and distinct, or any other decision or order may be
vacated and reconsideration granted. Such motion may be granted
for any one of the following causes materially affecting the
substantial rights of such parties:
(1) Irregularity in the proceedings of the court, jury or
adverse party, or any order of the court, or abuse of discretion,
by which such party was prevented from having a fair trial;
(2) Misconduct of prevailing party or jury; and whenever any
one or more of the jurors shall have been induced to assent to
any general or special verdict or to a finding on any question or
questions submitted to the jury by the court, other and different
from his own conclusions, and arrived at by a resort to the
determination of chance or lot, such misconduct may be proved by
the affidavits of one or more of the jurors;
(3) Accident or surprise which ordinary prudence could not
have guarded against;
(4) Newly discovered evidence, material for the party making
the application, which he could not with reasonable diligence
have discovered and produced at the trial;
(5) Damages so excessive or inadequate as unmistakably to
indicate that the verdict must have been the result of passion or prejudice;
(6) Error in the assessment of the amount of recovery whether
too large or too small, when the action is upon a contract, or
for the injury or detention of property;
(7) That there is no evidence or reasonable inference from
the evidence to justify the verdict or the decision, or that it
is contrary to law;
(8) Error in law occurring at the trial and objected to at
the time by the party making the application; or
(9) That substantial justice has not been done.
(b) Time for Motion; Contents of Motion. A motion for a new
trial or for reconsideration shall be filed not later than 10
days after the entry of the judgment, order, or other decision.
The motion shall be noted at the time it is filed, to be heard or
otherwise considered within 30 days after entry of the judgment,
order, or other decision, unless the court directs otherwise.
A motion for a new trial or for reconsideration shall
identify the specific reasons in fact and law as to each ground
on which the motion is based.
(c) Time for Serving Affidavits. When a motion for new trial
is based on affidavits, they shall be filed with the motion. The
opposing party has 10 days after service to file opposing
affidavits, but that period may be extended for up to 20 days,
either by the court for good cause or by the parties' written
stipulation. The court may permit reply affidavits.
(d) On Initiative of Court. Not later than 10 days after
entry of judgment, the court on its own initiative may order a
hearing on its proposed order for a new trial for any reason for
which it might have granted a new trial on motion of a party.
After giving the parties notice and an opportunity to be heard,
the court may grant a timely motion for a new trial for a reason
not stated in the motion. When granting a new trial on its own
initiative or for a reason not stated in the motion, the court
shall specify the grounds in its order.
(e) Hearing on Motion. When a motion for reconsideration or
for a new trial is served and filed, the judge by whom it is to
be heard may on the judge's own motion or on application determine:
(1) Time of Hearing. Whether the motion shall be heard before
the entry of judgment;
(2) Consolidation of Hearings. Whether the motion shall be
heard before or at the same time as the presentation of the
findings and conclusions and/or judgment, and the hearing on any
other pending motion; and
(3) Nature of Hearing. Whether the motion or motions and
presentation shall be heard on oral argument or submitted on
briefs, and if on briefs, shall fix the time within which the
briefs shall be served and filed.
(f) Statement of Reasons. In all cases where the trial court
grants a motion for a new trial, it shall, in the order granting
the motion, state whether the order is based upon the record or
upon facts and circumstances outside the record that cannot be
made a part thereof. If the order is based upon the record, the
court shall give definite reasons of law and facts for its order.
If the order is based upon matters outside the record, the court
shall state the facts and circumstances upon which it relied.
(g) Reopening Judgment. On a motion for a new trial in an
action tried without a jury, the court may open the judgment if
one has been entered, take additional testimony, amend findings
of fact and conclusions of law, and direct the entry of a new judgment.
(h) Motion To Alter or Amend Judgment. A motion to alter or
amend the judgment shall be filed not later than 10 days after
entry of the judgment.
(i) Alternative Motions, etc. Alternative motions for
judgment as a matter of law and for a new trial may be made in
accordance with rule 50(c).
(j) Limit on Motions. If a motion for reconsideration, or for
a new trial, or for judgment as a matter of law, is made and
heard before the entry of the judgment, no further motion may be
made, without leave of the court first obtained for good cause
shown: (1) for a new trial, or (2) pursuant to sections (g), (h),
and (i) of this rule.
[Adopted effective September 1, 1984; September 1, 2005.]
RULE 60
RELIEF FROM JUDGMENT OR ORDER
(a) Clerical Mistakes. Clerical mistakes in judgments, orders, or other
parts of the record and errors therein arising from oversight or omission
may be corrected by the court at any time of its own initiative or on the
motion of any party and after such notice, if any, as the court orders.
Such mistakes may be so corrected before review is accepted by an appellate
court, and thereafter may be corrected pursuant to RALJ 4.1(b).
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered
Evidence; Fraud; etc. On motion and upon such terms as are just, the court
may relieve a party or his legal representative from a final judgment,
order, or proceeding for the following reasons:
(1) Mistakes, inadvertence, surprise, excusable neglect or irregularity
in obtaining a judgment or order;
(2) For erroneous proceedings against a minor or person of unsound
mind, when the condition of such defendant does not appear in the record,
nor the error in the proceedings;
(3) Newly discovered evidence which by due diligence could not have
been discovered in time to move for a new trial under rule 59(b);
(4) Fraud (whether heretofore denominated intrinsic or extrinsic),
misrepresentation, or other misconduct of an adverse party;
(5) The judgment is void;
(6) The judgment has been satisfied, released, or discharged, or a
prior judgment upon which it is based has been reversed or otherwise
vacated, or it is no longer equitable that the judgment should have
prospective application;
(7) If the defendant was served by publication, relief may be granted
as prescribed in RCW 4.28.200;
(8) Death of one of the parties before the judgment in the action;
(9) Unavoidable casualty or misfortune preventing the party from
prosecuting or defending;
(10) Error in judgment shown by a minor, within 12 months after
arriving at full age; or
(11) Any other reason justifying relief from the operation of the
judgment. The motion shall be made within a reasonable time and for reasons
(1), (2) or (3) not more than 1 year after the judgment, order, or
proceeding was entered or taken. If the party entitled to relief is a minor
or a person of unsound mind, the motion shall be made within 1 year after
the disability ceases. A motion under section (b) does not affect the
finality of the judgment or suspend its operation.
(c) Other Remedies. This rule does not limit the power of a court to
entertain an independent action to relieve a party from a judgment, order,
or proceeding.
(d) Writs Abolished--Procedure. Writs of coram nobis, coram vobis,
audita querela, and bills of review and bills in the nature of a bill of
review are abolished. The procedure for obtaining any relief from a
judgment shall be by motion as prescribed in these rules or by an
independent action.
(e) Procedure on Vacation of Judgment.
(1) Motion. Application shall be made by motion filed in the cause
stating the grounds upon which relief is asked, and supported by the
affidavit of the applicant or his attorney setting forth a concise
statement of the facts or errors upon which the motion is based, and if the
moving party be a defendant, the facts constituting a defense to the action
or proceeding.
(2) Notice. Upon the filing of the motion and affidavit, the court
shall enter an order fixing the time and place of the hearing thereof and
directing all parties to the action or proceeding who may be affected
thereby to appear and show cause why the relief asked for should not be
granted.
(3) Service. The motion, affidavit, and the order to show cause shall
be served upon all parties affected in the same manner as in the case of
summons in a civil action at such time before the date fixed for the
hearing as the order shall provide; but in case such service cannot be
made, the order shall be published in the manner and for such time as may
be ordered by the court, and in such case a copy of the motion, affidavit,
and order shall be mailed to such parties at their last known post office
address and a copy thereof served upon the attorneys of record of such
parties in such action or proceeding such time prior to the hearing as the
court may direct.
RULE 61
HARMLESS ERROR
(RESERVED)
RULE CRLJ 62
STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT
(a) Automatic Stays. (Reserved. See RALJ 4.2.)
(b) Stay on Motion for New Trial or for Judgment. In its discretion and on such conditions for the security of
the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending
the disposition of a motion for a new trial or to alter or amend a judgment made pursuant to rule 59, or of a motion for
relief from a judgment or order made pursuant to rule 60, or of a motion for judgment as a matter of law made
pursuant to rule 50, or of a motion for amendment to the findings or for additional findings.
(c) (Reserved.)
(d) (Reserved.)
(e) (Reserved.)
(f) Other Stays. This rule does not limit the right of a party to a stay otherwise provided by statute or rule.
(g) (Reserved.)
(h) Multiple Claims or Multiple Parties. When a court has ordered a final judgment under the conditions stated
in rule 54(b), the court may stay enforcement of that judgment until the entering of a subsequent judgment or
judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor
the judgment is entered.
[Adopted effective September 1, 1984; January 8, 2013.]
RULE CRLJ 63
JUDGES--DISABILITY
If by reason of death, sickness or other disability, a judge
before whom an action has been tried is unable to perform the
duties to be performed by the court under these rules after a
verdict is returned or findings of fact and conclusions of law
are entered, then any other judge regularly sitting in or
assigned to the court in which the action was tried may perform
those duties; but if such other judge is satisfied that he or she
cannot perform those duties because the judge did not preside at
the trial or for any other reason, the judge may in the exercise
of discretion grant a new trial.
[Adopted effective September 1, 1984; Amended effective November 25, 2003]
RULE 64
GARNISHMENT
(RESCINDED)
RULES 65 through 67
(RESERVED)
RULE 68
OFFER OF JUDGMENT
At any time more than 10 days before the trial begins, a party
defending against a claim may serve upon the adverse party an offer to
allow judgment to be taken against him for the money or property or to the
effect specified in his offer, with costs then accrued. If within 10 days
after the service of the offer the adverse party serves written notice that
the offer is accepted, either party may then file the offer and notice of
acceptance together with proof of service thereof and thereupon the court
shall enter judgment. An offer not accepted shall be deemed withdrawn and
evidence thereof is not admissible except in a proceeding to determine
costs. If the judgment finally obtained by the offeree is not more
favorable than the offer, the offeree must pay the costs incurred after the
making of the offer. The fact that an offer is made but not accepted does
not preclude a subsequent offer. When the liability of one party to another
has been determined by verdict or order or judgment, but the amount or
extent of the liability remains to be determined by further proceedings,
the party adjudged liable may make an offer of judgment, which shall have
the same effect as an offer made before trial if it is served within a
reasonable time not less than 10 days prior to the commencement of hearings
to determine the amount or extent of liability.
RULE 69
(RESERVED)
RULE CRLJ 70.1
APPEARANCE BY ATTORNEY
(a) Notice of Appearance. An attorney admitted to practice in
this state may appear for a party by serving a notice of appearance.
(b) Notice of Limited Appearance. If specifically so stated in
a notice of limited appearance filed and served prior to or
simultaneous with the proceeding, an attorney's role may be
limited to one or more individual proceedings in the action.
Service on an attorney who has made a limited appearance for a
party shall be valid (to the extent permitted by statute and rule
5(b)) only in connection with the specific proceedings for which
the attorney has appeared, including any hearing or trial at
which the attorney appeared and any subsequent motions for
presentation of orders. At the conclusion of such proceedings
the attorney's role terminates without the necessity of leave of
court, upon the attorney filing notice of completion of limited
appearance which notice shall include the client information
required by Rule 71(c)(1).
RULE 71
WITHDRAWAL BY ATTORNEY
(a) Withdrawal by Attorney. Service on an attorney who has appeared for
a party in a civil proceeding shall be valid to the extent permitted by
statute and rule 5(b) only until the attorney has withdrawn in the manner
provided in sections (b), (c), and (d). Nothing in this rule defines the
circumstances under which a withdrawal might be denied by the court.
(b) Withdrawal by Order. A court appointed attorney may not withdraw
without an order of the court. The client of the withdrawing attorney must
be given notice of the motion to withdraw and the date and place the motion
will be heard.
(c) Withdrawal by Notice. Except as provided in sections (b) and (d) ,
an attorney may withdraw by notice in the manner provided in this section.
(1) Notice of Intent To Withdraw. The attorney shall file and serve a
Notice of Intent To Withdraw on all other parties in the proceeding. The
notice shall specify a date when the attorney intends to withdraw, which
date shall be at least 10 days after the service of the Notice of Intent To
Withdraw. The notice shall include a statement that the withdrawal shall be
effective without order of court unless an objection to the withdrawal is
served upon the withdrawing attorney prior to the date set forth in the
notice. If notice is given before trial, the notice shall include the date
set for trial. The notice shall include the names and last known addresses
of the persons represented by the withdrawing attorney, unless disclosure
of the address would violate the Rules of Professional Conduct, in which
case the address may be omitted. If the address is omitted, the notice must
contain a statement that after the attorney withdraws, and so long as the
address of the withdrawing attorney's client remains undisclosed and no new
attorney is substituted, the client may be served by leaving papers with
the clerk of the court pursuant to rule 5(b)(1).
(2) Service on Client. Prior to service on other parties, the Notice of
Intent To Withdraw shall be served on the persons represented by the
withdrawing attorney or sent to them by certified mail, postage prepaid, to
their last known mailing addresses. Proof of service or mailing shall be
filed, except that the address of the withdrawing attorney's client may be
omitted under circumstances defined by subsection (c)(1) of this rule.
(3) Withdrawal Without Objection. The withdrawal shall be effective,
without order of court and without the service and filing of any additional
papers, on the date designated in the Notice of Intent To Withdraw, unless
a written objection to the withdrawal is served by a party on the
withdrawing attorney prior to the date specified as the day of withdrawal
in the Notice of Intent To Withdraw.
(4) Effect of Objection. If a timely written objection is served,
withdrawal may be obtained only by order of the court.
(d) Withdrawal and Substitution. Except as provided in section (b), an
attorney may withdraw if a new attorney is substituted by filing and
serving a Notice of Withdrawal and Substitution. The notice shall include a
statement of the date on which the withdrawal and substitution are
effective and shall include the name, address, Washington State Bar
Association membership number, and signature of the withdrawing attorney
and the substituted attorney. If an attorney changes firms or offices, but
another attorney in the previous firm or office will become counsel of
record, a Notice of Withdrawal and Substitution shall nevertheless be
filed.
CRLJ 72
APPEAL TO SUPERIOR COURT
(a) Types of Appeals. An appeal from a court of limited
jurisdiction is governed by the Rules for Appeal of Decisions of
Courts of Limited Jurisdiction. Under RALJ 1.1, the appeal from
some courts is an appeal for error on the record, and the appeal
from other courts is conducted as a trial de novo or a trial de
novo on the record, as set forth in section (b) below. The
procedures for an appeal for error on the record are defined by
the RALJ. The procedures for a trial de novo and a trial de novo
on the record are defined by CRLJ 73 and 75 below.
(b) Small Claims Court Appeals. An appeal from a decision of a
small claims court operating under RCW Chapter 12.40 shall be a
trial de novo on the record from the court of limited
jurisdiction.
[Adopted effective September 1, 1984;
amended effective October 30, 2001.]
CRLJ RULE 73
TRIAL DE NOVO
(a) Scope of Rule. This rule applies only to proceedings which are
not subject to appellate review under the Rules for Appeal of Decisions
of Courts of Limited Jurisdiction. The proceedings to which those rules
apply are defined by RALJ 1.1.
(b) Filing Notice of Appeal -- Service.
(1) A party appealing a judgment or decision subject to this rule
must file in the court of limited jurisdiction a notice of appeal within
30 days after the judgment is rendered or decision made. Filing the
notice of appeal is the only jurisdictional requirement for an appeal.
(2) The statutory filing fee for superior court must be paid to the
clerk of the limited jurisdiction court at the time the notice of appeal
is filed, unless the party is excused from paying a filing fee by
statute or by the constitution.
(3) The clerk of the court of limited jurisdiction shall immediately
upon filing of a notice of appeal and payment of the filing fee, if
required, file a copy of the notice with the superior court.
(4) A party filing a notice of appeal shall also, within the same 30
days, serve a copy of the notice of appeal on all other parties or their
lawyers and file an acknowledgment or affidavit of service in the court
of limited jurisdiction.
(c) Bond. A bond or undertaking shall be executed on the part of the
appellant, except when the appellant is a county, city, town or school
district, and filed with and approved by the court of limited
jurisdiction with one or more sureties, in the sum of $100, conditioned
that the appellant will pay all costs that may be awarded against him on
appeal; or if a stay of proceedings in the court of limited jurisdiction
be claimed, except by a county, city, town or school district, a bond or
undertaking, with two or more personal sureties, or a surety company as
surety, to be approved by the court of limited jurisdiction, in a sum
equal to twice the amount of the judgment and costs, conditioned that
the appellant will pay such judgment, including costs, as may be
rendered against him on appeal, be so executed and filed.
(d) Stay of Proceedings. Upon an appeal being taken and a bond filed
to stay all proceedings, the court of limited jurisdiction shall allow
the same and make an entry of such allowance, and all further
proceedings on the judgment in such court shall thereupon be suspended;
and if in the meantime execution shall have been issued, such court
shall give the appellant a certificate that such appeal has been allowed.
(e) Release of Property Taken on Execution. On such certificate
being presented to the officer holding the execution, he shall forthwith
release the property of the judgment debtor that may have been taken on execution.
(f) No Dismissal for Defective Bond. No appeal allowed by a court of
limited jurisdiction shall be dismissed on account of any defect in the
bond on appeal, if the appellant, before the motion is determined, shall
execute and file in the superior court such bond as he should have
executed at the time of taking the appeal, and pay all costs that may
have accrued by reason of such defect.
(g) Judgment Against Appellant and Sureties. In all cases of appeal
to the superior court, if on the trial anew in such court, the judgment
be against the appellant in whole or in part, such judgment shall be
rendered against him and his sureties on the bond on appeal.
[Amended effective September 1, 1995; September 1, 1998.]
RULE 74
(RESERVED)
CRLJ 75
RECORD ON TRIAL DE NOVO
(a) Scope of Rule. This rule applies only to proceedings which are
not subject to appellate review under the Rules for Appeal of Decisions
of Courts of Limited Jurisdiction. The proceedings to which those rules
apply are defined by RALJ 1.1.
(b) Transcript; Procedure in Superior Court; Pleadings in Superior
Court. Within 14 days after the notice of appeal has been filed in a
civil action or proceeding, including a small claims appeal pursuant to
RCW 12.40, the appellant shall file with the clerk of the superior
court a transcript of all entries made in the docket of the court of
limited jurisdiction relating to the case, together with all the
process and other papers relating to the case filed in the court of
limited jurisdiction which shall be made and certified by such court to
be correct upon the payment of the fees allowed by law therefor, and
upon the filing of such transcript the superior court shall become
possessed of the cause, and shall proceed in the same manner, as near
as may be, as in actions originally commenced in that court, except as
provided in these rules. The issue before the court of limited
jurisdiction shall be tried in the superior court without other or new
pleadings, unless otherwise directed by the superior court.
(c) Small Claims Appeals; Trial De Novo on the Record. Small
claims appeals pursuant to RCW 12.40 shall be tried by the superior
court de novo on the record. Within 14 days after the notice of appeal
has been filed in a small claims proceeding, appellant shall cause to
be filed with the clerk of the superior court a verbatim electronic
recording of the trial of the matter in district court and any exhibits
from the trial. The electronic recording shall be made and certified
by the district court to be correct upon the payment of the fees
allowed by law therefor.
(d) Transcript; Procedure on Failure To Make and Certify;
Amendment. If upon an appeal being taken the court of limited
jurisdiction fails, neglects or refuses, upon the tender or payment of
the fees allowed by law, to make and certify the transcript, the
appellant may make application, supported by affidavit, to the superior
court and the court shall issue an order directing the court of limited
jurisdiction to make and certify such transcript upon the payment of
such fees. Whenever it appears to the satisfaction of the superior
court that the return of the court of limited jurisdiction to such
order is substantially erroneous or defective it may order the court of
limited jurisdiction to amend the same. If the judge of the court of
limited jurisdiction fails, neglects or refuses to comply with any
order issued under the provisions of this section he may be cited and
punished for contempt of court.
[Adopted effective September 1, 1984; amended effective October 30, 2001.]
CRLJ 75A
ELECTRONIC RECORDING OF SMALL CLAIMS PROCEEDINGS
(a) Generally. Small claims proceedings in a court of limited
jurisdiction shall be recorded by electronic means.
(b) Nonelectronic Record in Emergency. In the event of an
equipment failure or other situation making an electronic
recording impossible, the court may order the proceeding to be
recorded by nonelectronic means. The nonelectronic record must
be made at the court’s expense, and in the event of an appeal,
any necessary transcription of the nonelectronic record must be
made at the court’s expense.
(c) Statements to Be Made on the Record. At the beginning of
the case, the judge of the court of limited jurisdiction shall
state on the record the name and number of the case and the names
of the parties. During the trial of the case, the judge shall
state on the record or have stated on the record the names of any
or all witnesses as they appear in the course of the proceeding.
(d) Log. The judge of the court of limited jurisdiction shall
cause a written log to be maintained separate from the recording
indicating the location on the electronic record of relevant
events in the proceedings, including but not limited to the
beginning of the proceeding, the beginning and ending of the
testimony of each witness, the decision of the court, and the end
of the proceeding.
(e) Loss or Damage of Electronic Record. In the event of loss
or damage of the electronic record, or any significant or
material portion thereof, the appellant, upon motion to the
superior court, shall be entitled to a new trial, but only if the
loss or damage of the record is not attributable to the
appellant’s malfeasance. The court of limited jurisdiction shall
have the authority to determine whether or not significant or
material portions of the electronic record have been lost or
damaged, subject to review by the superior court upon motion.
[Adopted effective October 30, 2001.]
RULE 76
(RESERVED)
RULE 77
(RESERVED)
RULE 77.04
ADMINISTRATION OF OATH
The oaths or affirmations of all witnesses
(1) Shall be administered by the judge;
(2) Shall be administered to each witness on coming to the stand, not
to a group and in advance; and
(3) The witness shall stand while the oath or affirmation is
pronounced.
RULES 78 through 80
(RESERVED)
RULE 81
APPLICABILITY IN GENERAL
(a) To What Proceedings Applicable. These rules govern
all civil proceedings except as provided in this rule.
These rules do not apply where inconsistent with rules or
statutes applicable to special proceeding or infractions.
These rules do not apply to proceedings in small claims
court. In a court in which the proceedings are not recorded
and review is by a trial de novo, these rules apply to the
extent practicable; in these courts, rules referring to
recording or an appeal on the record should be disregarded.
(b) Conflicting Statutes and Rules. Subject to the
provisions of section (a) of this rule, these rules
supersede all procedural statutes and other rules that may
be in conflict.
RULE 82
JURISDICTION AND VENUE--UNAFFECTED
These rules shall not be construed to extend or limit the jurisdiction
of the courts of limited jurisdiction or the venue of actions therein.
RULE 83
LOCAL RULES
(a) Adoption. Each court of limited jurisdiction by action of a
majority of the judges may from time to time make and amend local rules
governing its practice not inconsistent with these rules.
(b) Filing With the Administrator for the Courts. Local rules and
amendments become effective only after they are filed with the state
Administrator for the Courts in accordance with GR 7.
RULE 84
(RESERVED)
RULE 85
TITLE
These rules may be known and cited as Civil Rules for Courts of Limited
Jurisdiction and they may be referred to as CRLJ.
RULE 86
EFFECTIVE DATE
These rules take effect on the dates specified by the Supreme Court and
thereafter all procedural laws in conflict therewith shall be of no further
force and effect. They govern all proceedings in actions after they take
effect, and also all further proceedings in actions pending on their
effective dates, except to the extent that in the opinion of the court,
expressed by its order, the application of rules in a particular action
pending when the rules take effect would not be feasible or would work
injustice, in which event the procedure existing at the time the action was
brought applies.
RULES 86.04 through 99.04
(RESERVED)
CRIMINAL RULES FOR COURTS OF LIMITED
JURISDICTION (CrRLJ)
TABLE OF RULES
1. SCOPE, PURPOSE, AND CONSTRUCTION
Rule
1.1 Scope
1.2 Purpose and Construction
1.3 Effect
1.4 Definitions
1.5 Style and Form
1.6 Conduct of Court
1.7 Local Court Rules--Availability
1.8 Title of Rules
2. PROCEDURES PRIOR TO ARREST AND
OTHER SPECIAL PROCEEDINGS
2.1 Complaint--Citation and Notice
2.2 Warrant of Arrest or Summons Upon Complaint
2.3 Search and Seizure
2.4 Complaint--Citation and Notice--Sufficiencies
2.5 Procedure on Failure To Obey Citation and Notice
3. RIGHTS OF DEFENDANTS
3.1 Right to and Assignment of Lawyer
3.2 Release of Accused
3.2.1 Procedure Following Warrantless Arrest-- Preliminary Hearing
3.3 Time for Trial
3.4 Presence of the Defendant
3.5 Confession Procedure
3.6 Suppression Procedure
4. PROCEDURES PRIOR TO TRIAL
4.1 Arraignment
4.2 Petition for Deferred Prosecution of Criminal Mistreatment
Charge
4.2 Petition for Deferred Prosecution
4.2 Statement of Defendant on Plea of Guilty
4.2A "DUI" Attachment: Driving Under the Influence of Alcohol
and/or Actual Physical Control of a Vehicle While Under the
Influence of Alcohol and/or Drugs
4.2B "Offender Registration" Attachment: Sexual Misconduct With a
Minor in the Second Degree
4.3 Joinder of Offenses and Defendants
4.3.1 Consolidation for Trial
4.4 Severance of Offenses and Defendants
4.5 Pretrial Hearing
4.6 Depositions
4.7 Discovery
4.8 Subpoenas
4.9 Process--Criminal
4.10 Material Witness
5. VENUE
5.1 Commencement of Actions
5.2 Change of Venue
5.3 Several Charging Documents for Same Offense--Different Courts
6. PROCEDURES AT TRIAL
6.1.1 Trial by Jury
6.1.2 Trial by the Court
6.1.3 Order of Trial
6.2 Jurors Orientation
6.3 Selecting the Jury
6.4 Challenges
6.5 Alternate Jurors
6.6 Jurors Oath
6.7 Custody of Jury
6.8 Notetaking by Jurors
6.9 View of Premises by Jury
6.10 Discharge of the Jury
6.11 Judge--Disability
6.12 Witnesses
6.13 Evidence
6.14 Immunity
6.15 Instructions and Argument
6.16 Jury Verdicts and Findings
7. PROCEDURES FOLLOWING CONVICTION
7.1 Reserved
7.2 Sentencing
7.3 Judgment
7.4 Arrest of Judgment
7.5 New Trial
7.6 Probation
7.7 Reserved
7.8 Relief From Judgment or Order
8. MISCELLANEOUS
8.1 Time
8.2 Motions
8.3 Dismissal
8.4 Service, Filing, and Signing of Papers
8.5 Reserved
8.6 Objections and Exceptions
8.7 Reserved
8.8 Discharge
8.9 Disqualification of Judge
8.10 Closure of Proceedings and Sealing of Records
8.11 Disclosure of Records
8.12 Reporting Traffic Offenses
9. DE NOVO APPEALS
9.1 Perfecting of Appeal
9.2 Imposition of Sentence Pending Appeal
9.3 Prosecution of Appeal
RULE 1.1
SCOPE
These rules govern the procedure in the courts of limited jurisdiction
of the State of Washington in all criminal proceedings and supersede all
procedural statutes and rules that may be in conflict. They shall be
interpreted and supplemented in light of the common law and the decisional
law of this state. These rules shall not be construed to affect or derogate
from the constitutional rights of any defendant.
RULE 1.2
PURPOSE AND CONSTRUCTION
These rules are intended to provide for the just determination of every
criminal proceeding. They shall be construed to secure simplicity in
procedure, fairness in administration, effective justice, and the
elimination of unjustifiable expense and delay.
RULE 1.3
EFFECT
Except as otherwise provided elsewhere in these rules, on their
effective date:
(a) Any acts done before the effective date in any proceedings then
pending or any action taken in any proceeding pending under rules of
procedure in effect prior to the effective date of these rules are not
impaired by these rules.
(b) These rules also apply to any proceedings in court then pending or
thereafter commenced regardless of when the proceedings were commenced,
except to the extent that in the opinion of the court, the former procedure
should continue to be made applicable in a particular case in the interest
of justice or because of infeasibility of application of the procedures of
these rules.
RULE 1.4
DEFINITIONS
As used in these rules, unless the context clearly requires otherwise:
(a) "Court" means any court of limited jurisdiction.
(b) "Judge" means any judge of any court of limited jurisdiction and
shall include every judicial officer authorized, alone or with others, to
hold or preside over a court.
(c) "Prosecuting authority" includes prosecuting attorneys, city
attorneys, corporation counsel, and their deputies and assistants, or such
other persons as may be designated by statute.
(d) "Court day" means any day on which a court is open for the
transaction of administrative business, including but not limited to the
acceptance of papers for filing.
RULE 1.5
STYLE AND FORM
The format requirements for papers being filed with a court are as
specified in GR 14, except exhibits, the citation and notice, and forms
approved by the Office of the Administrator for the Courts, need not be on
letter-size paper (8-1/2 by 11 inches). The citation and notice shall
be on a form prescribed or approved by the Office of the Administrator
for the Courts.
RULE 1.6
CONDUCT OF COURT
All judicial proceedings and trials shall be conducted in accordance
with these rules. If no procedure is specifically prescribed by rule, the
court may proceed in any lawful manner not inconsistent with these rules,
or with any applicable statute. Questions pertaining to the conduct of the
court and not covered by these rules or appropriate statutes shall be
determined by the trial judge.
RULE 1.7
LOCAL COURT RULES AVAILABILITY
Courts of limited jurisdiction may adopt in accordance with GR 7 such
special rules not inconsistent with these general rules as they may deem
necessary for their respective courts. The court, upon the adoption of such
rules, shall keep a copy of them readily available for inspection.
RULE 1.8
TITLE OF RULES
These rules may be known and cited as Criminal Rules for Courts of
Limited Jurisdiction, and shall be referred to as CrRLJ.
RULE CrRLJ 2.1
COMPLAINT--CITATION AND NOTICE
(a) Complaint.
(1) Initiation. Except as otherwise provided in this rule, all criminal
proceedings shall be initiated by a complaint.
(2) Nature. The complaint shall be a plain, concise and definite written
statement of the essential facts constituting the offense charged. It shall be
signed by the prosecuting authority. Allegations made in one count may be
incorporated by reference in another count. It may be alleged that the means by
which the defendant committed the offense are unknown or that he or she
committed it by one or more specified means. The complaint shall state for each
count the official or customary citation of the statute, rule, regulation or
other provision of law which the defendant is alleged therein to have violated.
Error in the citation or its omission shall not be ground for dismissal of the
complaint or for reversal of a conviction if the error or omission did not
mislead the defendant to his or her prejudice.
(3) Contents. The complaint shall contain or have attached to it the
following information when filed with the court:
(i) the name, address, date of birth, and sex of the defendant;
(ii) all known personal identification numbers for the defendant, including
the Washington driver's operating license (DOL) number, the state criminal
identification (SID) number, the state criminal process control number (PCN),
the JUVIS control number, and the Washington Department of Corrections (DOC) number.
(b) Citation and Notice To Appear.
(1) Issuance. Whenever a person is arrested or could have been arrested
pursuant to statute for a violation of law which is punishable as a misdemeanor
or gross misdemeanor the arresting officer, or any other authorized peace
officer, may serve upon the person a citation and notice to appear in court.
Criminal citations shall be on a form entitled "Criminal Citation" prescribed
by the Administrative Office of the Courts. Citation forms prescribed by the
Administrative Office of the Courts are presumed valid.
(2) Release Factors. In determining whether to release the person or to
hold him or her in custody, the peace officer shall consider the following factors:
(i) whether the person has identified himself or herself satisfactorily;
(ii) whether detention appears reasonably necessary to prevent imminent
bodily harm to himself, herself, or another, or injury to property, or breach
of the peace;
(iii) whether the person has ties to the community reasonably sufficient to
assure his or her appearance or whether there is substantial likelihood that he
or she will refuse to respond to the citation and notice; and
(iv) whether the person previously has failed to appear in response to a
citation and notice issued pursuant to this rule or to other lawful process.
(3) Contents. The citation and notice to appear shall include or have
attached to it:
(i) the name of the court and a space for the court's docket, case or file number;
(ii) the name, address, date of birth, and sex of the defendant; and all
known personal identification numbers for the defendant, including the
Washington driver's operating license (DOL) number, the state criminal
identification (SID) number, the state criminal process control number (PCN),
the JUVIS control number, and the Washington Department of Corrections (DOC) number;
(iii) the date, time, place, numerical code section, description of the
offense charged, the date on which the citation was issued, and the name of the
citing officer;
(iv) the time and place the person is to appear in court, which may not
exceed 20 days after the date of the citation and notice, but which need not be
a time certain.
(4) Certificate. The citation and notice shall contain a form of
certificate by the citing official that he or she certifies, under penalties of
perjury, as provided by RCW 9A.72.085, and any law amendatory thereto, that he
or she has probable cause to believe the person committed the offense charged
contrary to law. The certificate need not be made before a magistrate or any
other person.
(5) Initiation. When signed by the citing officer and filed with a court of
competent jurisdiction, the citation and notice shall be deemed a lawful
complaint for the purpose of initiating prosecution of the offense charged therein.
(c) Citizen Complaints. Any person wishing to institute a criminal action
alleging a misdemeanor or gross misdemeanor shall appear before a judge
empowered to commit persons charged with offenses against the State, other than
a judge pro tem. The judge may require the appearance to be made on the
record, and under oath. The judge may consider any allegations on the basis of
an affidavit sworn to before the judge. The court may also grant an opportunity
at said hearing for evidence to be given by the county prosecuting attorney or
deputy, the potential defendant or attorney of record, law enforcement or other
potential witnesses. The court may also require the presence of other
potential witnesses.
In addition to probable cause, the court may consider:
(1) Whether an unsuccessful prosecution will subject the State to costs or
damage claims under RCW 9A.16.110, or other civil proceedings;
(2) Whether the complainant has adequate recourse under laws governing
small claims suits, anti-harassment petitions or other civil actions;
(3) Whether a criminal investigation is pending;
(4) Whether other criminal charges could be disrupted by allowing the
citizen complaint to be filed;
(5) The availability of witnesses at trial;
(6) The criminal record of the complainant, potential defendant and
potential witnesses, and whether any have been convicted of crimes of
dishonesty as defined by ER 609; and
(7) Prosecution standards under RCW 9.94A.440.
If the judge is satisfied that probable cause exists, and factors (1) through (7)
justify filing charges, and that the complaining witness is aware of the
gravity of initiating a criminal complaint, of the necessity of a court
appearance or appearances for himself or herself and witnesses, of the possible
liability for false arrest and of the consequences of perjury, the judge may
authorize the citizen to sign and file a complaint in the form prescribed in
CrRLJ 2.1(a). The affidavit may be in substantially the following form:
THE STATE OF WASHINGTON )
) ss. No. ________
COUNTY OF _________________)
AFFIDAVIT OF COMPLAINING WITNESS
DEFENDANT:
Name ____________________________ Name ____________________________
Address _________________________ Address _________________________
Phone ___________ Bus. __________ Phone ___________ Bus. __________
WITNESSES:
Name ____________________________ Name ____________________________
Address _________________________ Address _________________________
Phone ___________ Bus. __________ Phone ___________ Bus. __________
Name ____________________________ Name ____________________________
Address _________________________ Address _________________________
Phone ___________ Bus. __________ Phone ___________ Bus. __________
I, the undersigned complainant, understand that I have the choice of
complaining to a prosecuting authority rather than signing this affidavit. I
elect to use this method to start criminal proceedings. I understand that the
following are some but not all of the consequences of my signing a criminal
complaint: (1) the defendant may be arrested and placed in custody; (2) the
arrest if proved false may result in a lawsuit against me; (3) if I have sworn
falsely I may be prosecuted for perjury; (4) this charge will be prosecuted
even though I might later change my mind; (5) witnesses and complainant will be
required to appear in court on the trial date regardless of inconvenience,
school, job, etc.
Following is a true statement of the events that led to filing this charge.
I (have)(have not) consulted with a prosecuting authority concerning this incident.
On the ____ day of ___________, 19__, at _______________________.
(location)
_____________________________________________________________________
Signed _______________________________
SUBSCRIBED AND SWORN TO before me this ____ day of ___________, 19__.
______________________________________
Judge
(d) Filing.
(1) Original. The original of the complaint or citation and notice shall be
filed with the clerk of the court.
(2) Time. The citation and notice shall be filed with the clerk of the
court within two days after issuance, not including Saturdays, Sundays or
holidays. A citation and notice not filed within the time limits of this rule
may be dismissed without prejudice.
[Amended effective March 18, 1994; July 2, 1996; September 1, 1999;
November 21, 2006; May 6, 2008.]
RULE CrRLJ 2.2
WARRANT OF ARREST OR SUMMONS
UPON COMPLAINT
(a) Issuance of Warrant of Arrest.
(1) Generally. If a complaint is filed and if the offense
charged may be tried in the jurisdiction in which the warrant
issues, and if the sentence for the offense charged may include
confinement in jail, the court may direct the clerk to issue a
warrant for the arrest of the defendant unless the defendant has
already been arrested in connection with the offense charged and
is in custody or has been released on obligation to appear in court.
(2) Probable Cause. A warrant of arrest must be supported by
an affidavit, a document as provided in RCW 9A.72.085 or any law
amendatory thereto, or sworn testimony establishing the grounds
for issuing the warrant. Sworn testimony shall be recorded
electronically or stenographically. The evidence shall be
preserved. The court must determine there is probable cause to
believe that the defendant has committed the crime alleged before
issuing the warrant. The evidence shall be subject to
constitutional limitations for probable cause determinations and
may be hearsay in whole or in part.
(3) Ascertaining Defendant's Current Address.
(i) Search for Address. The court shall not issue a
warrant unless it determines that the complainant has attempted
to ascertain the defendant's current address by searching the
following: (A) the District Court Information system database
(DISCIS), (B) the driver's license and identicard database
maintained by the Department of Licenses; and (C) the database
maintained by the Department of Corrections listing persons
incarcerated and under supervision. The court in its discretion
may require that other databases be searched.
(ii) Exemptions from Address Search. The search required
by subdivision (i) shall not be required if (A) the defendant has
already appeared in court (in person or through counsel) after
filing of the same case, (B) the defendant is known to be in
custody, or (C) the defendant's name is unknown.
(iii) Effect of Erroneous Issuance. If a warrant is
erroneously issued in violation of this subsection (a)(3), that
error shall not affect the validity of the warrant.
(b) Issuance of Summons in Lieu of Warrant.
(1) Generally. If a complaint is filed, the court may direct
the clerk to issue a summons commanding the defendant to appear
before the court at a specified time and place.
(2) When Summons Must Issue. The court shall direct the clerk
to issue a summons instead of a warrant unless it finds
reasonable cause to believe that the defendant (i) will not
appear in response to a summons, (ii) will commit a violent
offense, (iii) will interfere with witnesses or the
administration of justice, or (iv) is in custody..
(3) Summons for Felony Complaint. If the complaint charges
the commission of a felony, the court may direct the clerk to
issue a summons instead of a warrant unless it finds reasonable
cause to believe that the defendant will not appear in response
to a summons, or that arrest is necessary to prevent bodily harm
to the accused or another, in which case it may issue a warrant.
(4) Summons. A summons shall be in writing and in the name of
the charging jurisdiction, shall be signed by the clerk with the
title of that office, and shall state the date when issued. It
shall state the name of the defendant and the nature of the
charge, and shall summon the defendant to appear before the court
at a stated time and place. The summons shall inform the
defendant that failure to appear as commanded may result in the
issuance of a warrant for the arrest of the accused.
(5) Failure To Appear on Summons. If a person fails to appear
in response to a summons, or if delivery is not effected within a
reasonable time, a warrant of arrest may issue, if the sentence
for the offense charged may include confinement in jail.
(c) Requisites of a Warrant. The warrant shall be in writing
and in the name of the charging jurisdiction, shall be signed by
the judge or clerk with the title of that office, and shall state
the date when issued. It shall specify the name of the defendant,
or if his or her name is unknown, any name or description by
which he or she can be identified with reasonable certainty. The
warrant shall specify the offense charged against the defendant
and that the court has found that probable cause exists to
believe the defendant has committed the offense charged and shall
command the defendant be arrested and brought forthwith before
the court issuing the warrant. If the offense is not a capital
offense, the court shall set forth in the order for the warrant,
bail and/or other conditions of release.
(d) Execution; Service.
(1) Execution of Warrant. The warrant shall be directed to
all peace officers in the state and shall be executed only by a
peace officer.
(2) Delivery of Summons. The summons may be served any place
within the state. It may be served by a peace officer, who shall
deliver a copy of the same to the defendant personally, or it may
be delivered by the court mailing the same, postage prepaid, to
the defendant at his or her last known address.
(e) Return. The officer executing a warrant shall make return
thereof to the court before whom the defendant is brought
pursuant to these rules. At the request of the prosecuting
authority any unexecuted warrant shall be returned to the issuing
court to be canceled. The peace officer to whom a summons has
been given for service shall, on or before the return date, file
a return thereof with the court before whom the summons is
returnable. For reasonable cause, the court may order that the
warrant be returned to it.
(f) Defective Warrant or Summons.
(1) Amendment. No person arrested under a warrant or
appearing in response to a summons shall be discharged from
custody or dismissed because of any irregularity in the warrant
or summons, but the warrant or summons may be amended so as to
remedy any irregularity.
(2) Issuance of New Warrant or Summons. If during the
preliminary examination of any person arrested under a warrant or
appearing in response to a summons, it appears that the warrant
or summons does not properly name or describe the defendant or
the offense with which he or she is charged, or that although not
guilty of the offense specified in the warrant or summons, there
is reasonable ground to believe that he or she will be charged
with some other offense, the judge shall not discharge or dismiss
the defendant but may allow a new complaint to be filed and shall
thereupon issue a new warrant or summons.
(g) Failure to Issue Warrant---Dismissal. Upon five days' notice
to the prosecuting attorney, the court shall dismiss a charge
without prejudice if (i) 90 days have elapsed since the citation
or complaint was filed and (ii) on the date that the order of
dismissal is entered, no warrant has been issued and the
defendant has not appeared in court.
[Amended effective September 1, 1991; September 1, 1995;
September 1, 2003; September 1, 2006.]
RULE 2.3
SEARCH AND SEIZURE
(a) Authority To Issue Warrant. A search warrant authorized by this
rule may be issued by the court upon request of a peace officer or the
prosecuting authority.
(b) Property or Persons Which May Be Seized With a Warrant. A warrant
may be issued under this rule to search for and seize any (1) evidence of a
crime; or (2) contraband, the fruits of crime, or things otherwise
criminally possessed; or (3) weapons or other things by means of which a
crime has been committed or reasonably appears about to be committed; or
(4) person for whose arrest there is probable cause, or who is unlawfully
restrained.
(c) Issuance and Contents. A search warrant may be issued only if the
court determines there is probable cause for the issuance of a warrant.
There must be an affidavit, a document as provided in RCW 9A.72.085 or any
law amendatory thereto, or sworn testimony establishing the grounds for
issuing the warrant. The sworn testimony may be an electronically recorded
telephonic statement. The sworn testimony must be in writing, recorded
electronically, or otherwise preserved. The record shall include any
additional evidence relied upon by the court. The recording, or a
duplication of the recording, shall be a part of the court record and shall
be provided if requested by a party or if ordered by the court, subject to
the provisions of rule 8.10. The evidence in support of the finding of
probable cause shall be preserved and shall be subject to constitutional
limitations for such determinations and may be hearsay in whole or in part.
If the court finds that probable cause for the issuance of a warrant
exists, it shall issue a warrant or direct an individual whom it authorizes
for such purposes to affix the court's signature to a warrant. The warrant
may be directed to any peace officer. The warrant shall command the officer
to search, within a specified period of time not to exceed 10 days, the
person, place or thing named for the property or person specified. It shall
designate the court to which it shall be returned. It shall be returned to
the issuing court, and filed in the public files of the court unless
ordered sealed by the court. Unless otherwise designated by the issuing
court, the warrant may be served at any time of day or night.
(d) Execution and Return With Inventory. The peace
officer taking property under the warrant shall give to the
person from whom or from whose premises the property is
taken a copy of the warrant and a receipt for the property
taken. If no such person is present, the officer may post a
copy of the search warrant and receipt. The return shall be
made promptly and shall be accompanied by a written
inventory of any property taken. The inventory shall be
made in the presence of the person from whose possession or
premises the property is taken, or in the presence of at
least one person other than the officer. The court shall
upon request deliver a copy of the inventory to the person
from whom or from whose premises the property was taken and
to the applicant for the warrant.
(e) Motion for Return of Property. A person may move the issuing court
for the return of the property seized under the warrant on the ground that
the property was illegally seized, or does not appear relevant or
reasonably calculated to lead to the discovery of relevant evidence, and
that the person is lawfully entitled to possession of the property. The
motion shall be filed in the court which issued the warrant and a copy
served upon the chief executive of the law enforcement agency that obtained
the warrant. Proof of service shall be filed with the court. The
prosecuting authority's assertion that property lawfully seized is relevant
or reasonably calculated to lead to the discovery of relevant evidence
shall be binding on the court.
(1) Procedure if Charges Pending. If a motion based on the ground that
property was illegally seized is made or comes on for hearing after a
complaint or citation and notice is filed in the court in which the motion
is pending, it shall be treated as a motion to suppress. If charges are
pending in another court at the time a motion made upon any ground is filed
or comes on for hearing, the motion shall be transferred to the other court
and subject to its rules of procedure.
(2) Procedure if No Charges Pending. If no charges are pending in any
court at the time the motion is made, the issuing court shall set the
motion for hearing not less than 30 days from the date of the filing or
service of the motion, whichever is later.
(3) Procedure if Motion Granted. If the motion is granted, the property
shall be returned unless the prosecuting authority seeks review within 14
days.
(f) Searches of Media.
(1) Scope. If an application for a search warrant is governed by RCW
10.79.015(3) or 42 U.S.C. subsection 2000aa et seq., this section controls
the procedure for obtaining the evidence.
(2) Subpoena Duces Tecum. Except as provided in subsection (3), if the
court determines that the application satisfies the requirements for
issuance of a warrant, as provided in section (c) of this rule, the court
shall issue a subpoena duces tecum in accordance with CRLJ 45(b).
(3) Warrant. If the court determines that the application satisfies the
requirements for issuance of a warrant and that RCW 10.79.015(3) and 42
U.S.C. subsection 2000aa et seq. permit issuance of a search warrant rather
than a subpoena duces tecum, the court may issue a warrant.
(g) Motion for Suppression. Absent prejudice to the defendant,
procedural noncompliance with rules of execution and return does not compel
invalidation of a warrant or suppression of its fruits.
RULE 2.4
COMPLAINT--CITATION AND NOTICE--
SUFFICIENCIES
(a) Complaint. The complaint shall not be deemed insufficient for lack
of formal caption or commencement or a formal conclusion, or any other
matter not necessary to a plain, concise and definite statement of the
essential facts constituting the specific offense or offenses with which
the defendant is charged, nor for lack of any other matter not necessary to
such statement, nor need it negative any exception, excuse or proviso
contained in any statute creating or defining the offense charged.
(b) (Reserved.)
(c) Copy of Complaint or Citation and Notice. When a complaint or a
citation and notice has been lost or destroyed, a copy or substitute
thereof, certified by the court, may replace the original, and the case
shall proceed without delay from that cause.
(d) Surplusage. The court on motion of a party may strike surplusage
from the complaint or the citation and notice.
(e) Bill of Particulars. The court may direct the filing of a bill of
particulars. A motion for a bill of particulars may be made before
arraignment or within 10 days after arraignment or an appearance by a
defendants lawyer pursuant to rule 4.1(d), or at such later time as the
court may permit.
(f) Amendment. The court may permit a complaint, a citation and notice,
or a bill of particulars to be amended at any time before verdict or
finding if substantial rights of the defendant are not prejudiced.
CrRLJ 2.5
PROCEDURE ON FAILURE TO OBEY CITATION AND NOTICE
The court may order the issuance of a bench warrant for the arrest
of any defendant who has failed to appear before the court, either in
person or by a lawyer, in answer to a citation and notice, or an order
of the court, upon which the defendant has promised in writing to
appear, or of which the defendant has been served with otherwise
received notice to appear, if the sentence for the offense charged may
include confinement in jail.
[Amended effective September 1, 1991; November 21, 2006.]
RULE CrRLJ 3.1
RIGHT TO AND ASSIGNMENT OF LAWYER
(a) Types of Proceedings. The right to a lawyer shall extend to all
criminal proceedings for offenses punishable by loss of liberty regardless of
their denomination as felonies, misdemeanors, or otherwise.
(b) Stage of Proceedings.
(1) The right to a lawyer shall accrue as soon as feasible after the
defendant has been arrested, appears before a committing magistrate, or is
formally charged, whichever occurs earliest.
(2) A lawyer shall be provided at every critical stage of the proceedings.
(c) Explaining the Availability of a Lawyer.
(1) When a person has been arrested he or she shall as soon as practicable
be advised of the right to a lawyer. Such advice shall be made in words easily
understood, and it shall be stated expressly that a person who is unable to pay
a lawyer is entitled to have one provided without charge.
(2) At the earliest opportunity a person in custody who desires a lawyer
shall be provided access to a telephone, the telephone number of the public
defender or official responsible for assigning a lawyer, and any other means
necessary to place him or her in communication with a lawyer.
(d) Assignment of Lawyer.
(1) Unless waived, a lawyer shall be provided to any person who is
financially unable to obtain one without causing substantial hardship to the
person or to the person's family. A lawyer shall not be denied to any person
merely because his or her friends or relatives have resources adequate to
retain a lawyer or because he or she has posted or is capable of posting bond.
(2) The ability to pay part of the cost of a lawyer shall not preclude
assignment. The assignment of a lawyer may be conditioned upon part payment
pursuant to an established method of collection.
(3) Information given by a person to assist in the determination of whether
he or she is financially able to obtain a lawyer shall be under oath and shall
not be available for use to the prosecution in the pending case in chief.
(4) Before appointing a lawyer for an indigent person, or at the first
appearance of the lawyer in the case, the court shall require the lawyer to
certify to the court that he or she complies with the applicable Standards for
Indigent Defense Services to be approved by the Supreme Court.
(e) Withdrawal of Lawyer. Whenever a case has been set for trial, no lawyer
shall be allowed to withdraw except upon consent of the court for good cause
shown and upon substitution of another lawyer or upon the defendant's knowing
and voluntary decision to proceed without a lawyer.
(f) Services Other Than Lawyer.
(1) A lawyer for a defendant who is financially unable to obtain
investigative, expert or other services necessary to an adequate defense in the
case may request them by a motion to the court.
(2) Upon finding that the services are necessary and that the defendant is
financially unable to obtain them, the court, or a person or agency to which
the administration of the program may have been delegated by local court rule,
shall authorize the services. The motion may be made ex parte, and, upon a
showing of good cause, the moving papers may be ordered sealed by the court,
and shall remain sealed until further order of the court. The court, in the
interest of justice and on a finding that timely procurement of necessary
services could not await prior authorization, shall ratify such services after
they have been obtained.
(3) Reasonable compensation for the services shall be determined and
payment directed to the organization or person who rendered them upon the
filing of a claim for compensation supported by affidavit specifying the time
expended and the services and expenses incurred on behalf of the defendant, and
the compensation received in the same case or for the same services from any
other source.
[Amended effective September 1, 1995; June 30, 2012].
3.1 STDS STANDARDS FOR INDIGENT DEFENSE (IN WORD FORMAT) The contents of this item are only available on-line. 3.2 RELEASE OF ACCUSED (IN WORD FORMAT) The contents of this item are only available on-line.
CrRLJ 3.2.1
PROCEDURE FOLLOWING
WARRANTLESS ARREST--PRELIMINARY HEARING
(a) Probable Cause Determination. A person who is arrested
shall have judicial determination of probable cause no later
than 48 hours following the persons arrest, unless probable cause
has been determined prior to such arrest.
(b) How Determined. The court shall determine probable cause
on evidence presented by a peace officer or prosecuting authority
in the same manner as provided for a warrant of arrest in rule
2.2(a). The evidence shall be preserved and may consist of an
electronically recorded telephonic statement. If the court finds
that release without bail should be denied or that conditions
should attach to the release on personal recognizance, other than
the promise to appear for trial, the court shall proceed to
determine whether probable cause exists to believe that the
accused committed the offense charged, unless this determination
has previously been made by a court. Before making the
determination, the court may consider an affidavit, a document as
provided in RCW 9A.72.085 or any law amendatory thereto, or sworn
testimony, and further may examine under oath the affiant and any
witnesses the affiant may produce. Sworn testimony shall be
electronically or stenographically recorded. The evidence shall
be preserved and shall be subject to constitutional limitations
for probable cause determinations, and may be hearsay in whole or
in part.
(c) Court Days. For the purpose of section (a), Saturday,
Sunday and holidays may be considered judicial days.
(d) Preliminary Appearance.
(1) Adult. Unless an accused has appeared or will appear
before the superior court for a preliminary appearance, any
accused detained in jail must be brought before a court of limited
jurisdiction as soon as practicable after the detention is
commenced, but in any event before the close of business on the
next court day.
(2) Juveniles. Unless an accused has appeared or will appear
before the superior court for a preliminary appearance, any
accused in whose case the juvenile court has entered a written
order declining jurisdiction and who is detained in custody, must
be brought before a court of limited jurisdiction as soon as
practicable after the juvenile court order is entered, but in any
event before the close of business on the next court day.
(3) Unavailability. If an accused is unavailable for
preliminary appearance because of physical or mental disability,
the court may, for good cause shown and recorded by the court,
enlarge the time prior to preliminary appearance.
(e) Procedure at Preliminary Appearance.
(1) At the preliminary appearance, the court shall provide
for a lawyer pursuant to rule 3.1 and for pretrial release
pursuant to rule 3.2, and the court shall orally inform the
accused:
(i) of the nature of the charge against the accused;
(ii) of the right to be assisted by a lawyer at every stage
of the proceedings; and
(iii) of the right to remain silent, and that anything the
accused says may be used against him or her.
(2) If the court finds that release should be denied or that
conditions should attach to release on personal recognizance,
other than the promise to appear in court at subsequent hearings,
the court shall proceed to determine whether probable cause exists
to believe that the accused committed the offense charged, unless
this determination has previously been made by a court. Before
making the determination, the court may consider affidavits filed
or sworn testimony and further may examine under oath the affiant
and any witnesses he or she may produce. Subject to constitutional
limitations, the finding of probable cause may be based on
evidence which is hearsay in whole or in part.
(f) Time Limits.
(1) Unless a written complaint is filed or the accused
consents in writing or on the record in open court, an accused,
following a preliminary appearance, shall not be detained in jail
or subjected to conditions of release for more than 72 hours after
the accused's detention in jail or release on conditions,
whichever occurs first. Computation of the 72-hour period shall
not include any part of Saturdays, Sundays, or holidays.
(2) If no complaint, information or indictment has been filed
at the time of the preliminary appearance, and the accused has not
otherwise consented, the court shall either:
(i) order in writing that the accused be released from jail
or exonerated from the conditions of release at a time certain
which is within the period described in subsection (f)(1); or
(ii) set a time at which the accused shall reappear before
the court. The time set for reappearance must also be within the
period described in subsection (f)(1). If no complaint,
information or indictment has been filed by the time set for
release or reappearance, the accused shall be immediately released
from jail or deemed exonerated from all conditions of release.
(g) Preliminary Hearing on Felony Complaint.
(1) When a felony complaint is filed, the court may conduct a
preliminary hearing to determine whether there is probable cause
to believe that the accused has committed a felony unless an
information or indictment is filed in superior court prior to the
time set for the preliminary hearing. If the court finds probable
cause, the court shall bind the defendant over to the superior court.
If the court binds the accused over, or if the parties waive the
preliminary hearing, an information shall be filed without
unnecessary delay. Jurisdiction vests in the superior court at
the time the information is filed.
(2) If at the time a felony complaint is filed with the
district court the accused is detained in jail or subjected to
conditions of release, the time from the filing of the complaint
in district court to the filing of an information in superior
court shall not exceed 30 days plus any time which is the subject
of a stipulation under subsection (g)(3). If at the time the
complaint is filed with the district court the accused is not
detained in jail or subjected to conditions of release, the time
from the accused's first appearance in district court which next
follows the filing of the complaint to the time of the filing of
an information in superior court shall not exceed 30 days,
excluding any time which is the subject of a stipulation under
subsection (g)(3). If the applicable time period specified above
elapses and no information has been filed in superior court, the
case shall be dismissed without prejudice.
(3) Before or after the preliminary hearing or a waiver
thereof, the court may delay a preliminary hearing or defer a bind-
over date if the parties stipulate in writing that the case shall
remain in the court of limited jurisdiction for a specified time,
which may be in addition to the 30-day time limit established in
subsection (g)(2).
(4) A preliminary hearing shall be conducted as follows:
(i) the defendant may as a matter of right be present at such
hearing;
(ii) the court shall inform the defendant of the charge
unless the defendant waives such reading;
(iii) witnesses shall be examined under oath and may be cross-
examined;
(iv) the defendant may testify and call witnesses in the
defendant's behalf.
(5) If a preliminary hearing on the felony complaint is held
and the court finds that probable cause does not exist, the charge
shall be dismissed, and may be refiled only if a motion to set
aside the finding is granted by the superior court. The superior
court shall determine whether, at the time of the hearing on such
motion, there is probable cause to believe that the defendant has
committed a felony.
(6) If a preliminary hearing is held, the court shall file
the record in superior court promptly after notice that the
information has been filed. The record shall include, but not be
limited to, all written pleadings, docket entries, the bond, and
any exhibits filed in the court of limited jurisdiction. Upon
written request of any party, the court shall file the recording
of any testimony.
[Amended effective September 1, 2002.]
RULE CrRLJ 3.3
TIME FOR TRIAL
(a) General Provisions.
(1) Responsibility of Court. It shall be the responsibility
of the court to ensure a trial in accordance with this rule to
each person charged with a crime.
(2) Precedence Over Civil Cases. Criminal trials shall take
precedence over civil trials.
(3) Definitions. For purposes of this rule:
(i) “Pending charge” means the charge for which the
allowable time for trial is being computed.
(ii) “Related charge” means a charge based on the same
conduct as the pending charge that is ultimately filed in the
trial court.
(iii) “Appearance” means the defendant’s physical
presence in the trial court. Such presence constitutes
appearance only if (A) the prosecutor was notified of the
presence and (B) the presence is contemporaneously placed on the
record under the cause number of the pending charge.
(iv) “Arraignment” means the date determined under CrRLJ 4.1(b).
(v) “Detained in jail” means held in the custody of a
correctional facility pursuant to the pending charge. Such
detention excludes any period in which a defendant is on electric
home monitoring, is being held in custody on an unrelated charge
or hold, or is serving a sentence of confinement.
(vi) “Trial court” means the court where the pending
charge was filed.
(4) Construction. The allowable time for trial shall be
computed in accordance with this rule. If a trial is timely
under the language of this rule but was delayed by circumstances
not addressed in this rule or CrRLJ 4.1, the pending charge shall
not be dismissed unless the defendant’s constitutional right to a
speedy trial was violated.
(5) Related Charges. The computation of the allowable time
for trial of a pending charge shall apply equally to related charges.
(6) Reporting of Untimely Trials. The court shall report to
the Administrative Office of the Courts, on a form determined by
that office, any case in which
(i) the court dismissed a charge on a determination
pursuant to section (h) that the charge had not been brought to
trial within the time allowed by this rule, or
(ii) the time limits would have been violated absent the
cure period authorized by section (g).
(b) Time for Trial.
(1) Defendant Detained in Jail. A defendant who is detained
in jail shall be brought to trial within the longer of
(i) 60 days after the commencement date specified in this
rule, or
(ii) the time specified in subsection (b)(5).
(2) Defendant Not Detained in Jail. A defendant who is not
detained in jail shall be brought to trial within the longer of
(i) 90 days after the commencement date specified in this
rule, or
(ii) the time specified in subsection (b)(5).
(3) Release of Defendant. If a defendant is released from
jail before the 60-day time limit has expired, the limit shall be
extended to 90 days.
(4) Return to Custody following Release. If a defendant not
detained in jail at the time the trial date was set is
subsequently returned to custody on the same or related charge,
the 90-day limit shall continue to apply. If the defendant is
detained in jail when trial is reset following a new commencement
date, the 60-day limit shall apply.
(5) Allowable Time after Excluded Period. If any period of
time is excluded pursuant to section (e), the allowable time for
trial shall not expire earlier than 30 days after the end of that
excluded period.
(c) Commencement date.
(1) Initial Commencement Date. The initial commencement date
shall be the date of arraignment as determined under CrRLJ 4.1.
(2) Resetting of commencement date. On occurrence of one of
the following events, a new commencement date shall be
established, and the elapsed time shall be reset to zero. If
more than one of these events occurs, the commencement date shall
be the latest of the dates specified in this subsection.
(i) Waiver. The filing of a written waiver of the
defendant’s rights under this rule signed by the defendant. The
new commencement date shall be the date specified in the waiver,
which shall not be earlier than the date on which the waiver was
filed. If no date is specified, the commencement date shall be
the date of the trial contemporaneously or subsequently set by
the court.
(ii) Failure to Appear. The failure of the defendant to
appear for any proceeding at which the defendant’s presence was
required. The new commencement date shall be the date of the
defendant’s next appearance.
(iii) New Trial. The entry of an order granting a
mistrial or a new trial or allowing the defendant to withdraw a
plea of guilty. The new commencement date shall be the date the
order is entered.
(iv) Appellate Review or Stay. The acceptance of review
or grant of a stay by an appellate court, or the issuance of a
writ of certiorari, mandamus, or prohibition. The new
commencement date shall be the date of the defendant’s appearance
that next follows the receipt by the clerk of the trial court of
the mandate or written order terminating review or stay.
(v) Collateral Proceeding. The entry of an order
granting a new trial pursuant to a personal restraint proceeding,
a habeas corpus proceeding, or a motion to vacate judgment. The
new commencement date shall be the date of the defendant’s
appearance that next follows either the expiration of the time to
appeal such order or the receipt by the clerk of the trial court
of notice of action terminating the collateral proceeding,
whichever comes later.
(vi) Change of venue. The entry of an order granting a
change of venue. The new commencement date shall be the date of
the order.
(vii) Disqualification of Counsel. The disqualification
of the defense attorney or prosecuting attorney. The new
commencement date shall be the date of the disqualification.
(viii) Deferred Prosecution. The filing of a motion for
deferred prosecution. The new commencement date shall be the
date that an order is entered denying the motion or revoking the
deferred prosecution.
(d) Trial Settings and Notice---Objections---Loss of Right to Object.
(1) Initial Setting of Trial Date. The court shall, within
15 days of the defendant's actual arraignment in the trial court
or at the pretrial hearing, set a date for trial which is within
the time limits prescribed by this rule and notify counsel for
each party of the date set. If a defendant is not represented by
counsel, the notice shall be given to the defendant and may be
mailed to the defendant's last known address. The notice shall
set forth the proper date of the defendant's arraignment and the
date set for trial.
(2) Resetting of Trial Date. When the court determines that
the trial date should be reset for any reason, including but not
limited to the applicability of a new commencement date pursuant
to subsection (c)(2) or a period of exclusion pursuant to section
(e), the court shall set a new date for trial which is within the
time limits prescribed and notify each party of the date set.
(3) Objection to Trial Setting. A party who objects to the
date set on the ground that it is not within the time limits
prescribed by this rule must, within 10 days after the notice is
mailed or otherwise given, move that the court set a trial date
within those time limits. Such motion shall be promptly noted for
hearing by the moving party in accordance with local procedures.
A party who fails, for any reason, to make such a motion shall
lose the right to object that a trial commenced on such a date,
is not within the time limits prescribed by this rule.
(4) Loss of Right to Object. If a trial date is set outside
the time allowed by this rule, but the defendant lost the right
to object to that date pursuant to subsection (d)(3), that date
shall be treated as the last allowable date for trial, subject to
section (g). A later trial date shall be timely only if the
commencement date is reset pursuant to subsection (c)(2) or there
is a subsequent excluded period pursuant to section (e) and
subsection (b)(5).
(e) Excluded Periods. The following periods shall be excluded
in computing the time for trial:
(1) Competency Proceedings. All proceedings relating to the
competency of a defendant to stand trial on the pending charge,
beginning on the date when the competency examination is ordered
and terminating when the court enters a written order finding the
defendant to be competent.
(2) Proceedings on Unrelated Charges. Arraignment, pre-trial
proceedings, trial and sentencing on an unrelated charge.
(3) Continuances. Delay granted by the court pursuant to
section (f).
(4) Period between Dismissal and Filing. The time between
the dismissal of a charge and the refiling of the same or related
charge.
(5) Disposition of Related Charge. The period between the
commencement of trial or the entry of a plea of guilty on one
charge and the defendant’s arraignment in the trial court on a
related charge.
(6) Defendant Subject to Foreign or Federal Custody or
Conditions. The time during which a defendant is detained in
jail or prison outside the county in which the defendant is
charged or in a federal jail or prison and the time during which
a defendant is subjected to conditions of release not imposed by
a court of the State of Washington.
(7) Juvenile Proceedings. All proceedings in juvenile court.
(8) Unavoidable or unforeseen Circumstances. Unavoidable or
unforeseen circumstances affecting the time for trial beyond the
control of the court or of the parties. This exclusion also
applies to the cure period of section (g).
(9) Disqualification of Judge. A five-day period of time
commencing with the disqualification of the judge to whom the
case is assigned for trial.
(f) Continuances. Continuances or other delays may be granted
as follows:
(1) Written Agreement. Upon written agreement of the parties
which must be signed by the defendant or all defendants, the
court may continue the trial to a specified date.
(2) Motion by the Court or a Party. On motion of the court
or a party, the court may continue the trial date to a specified
date when such continuance is required in the administration of
justice and the defendant will not be prejudiced in the
presentation of his or her defense. The motion must be filed
before time for trial has expired. The court must state on the
record or in writing the reasons for the continuance. The
bringing of such motion by or on behalf of any party waives that
party’s objection to the requested delay.
(g) Cure Period. The court may continue the case beyond the
limits specified in section (b) on motion of the court or a party
made within five days after the time for trial has expired. Such
a continuance may be granted only once in the case upon a finding
on the record or in writing that the defendant will not be
substantially prejudiced in the presentation of his or her
defense. The period of delay shall be for no more than 14 days
for a defendant detained in jail, or 28 days for a defendant not
detained in jail, from the date that the continuance is granted.
The court may direct the parties to remain in attendance or be on-
call for trial assignment during the cure period.
(h) Dismissal With Prejudice. A charge not brought to trial
within the time limit determined under this rule shall be
dismissed with prejudice. The State shall provide notice of
dismissal to the victim and at the court’s discretion shall allow
the victim to address the court regarding the impact of the
crime. No case shall be dismissed for time-to-trial reasons
except as expressly required by this rule, a statute, or federal
constitution.
[Amended effective November 29, 1991; July 1, 1992; September 1, 1995;
September 1, 2003; November 25, 2003.]
CrRLJ
RULE 3.4
PRESENCE OF THE DEFENDANT
(a) When Necessary. The defendant shall be present at the
arraignment, at every stage of the trial including the empaneling of the
jury and the return of the verdict, and at the imposition of sentence,
except as otherwise provided by these rules, or as excused or excluded
by the court for good cause shown.
(b) Effect of Voluntary Absence. The defendant's voluntary absence
after the trial has commenced in his or her presence shall not prevent
continuing the trial to and including the return of the verdict. A
corporation may appear by its lawyer for all purposes. In prosecutions
for offenses punishable by fine only, the court, with the written
consent of the defendant, may permit arraignment, plea, trial and
imposition of sentence in the defendant's absence.
(c) Defendant Not Present. If in any case the defendant is not
present when his or her personal attendance is necessary, the court may
order the clerk to issue a bench warrant for the defendant's arrest,
which may be served as a warrant of arrest in other cases.
(d) Video Conference Proceedings.
(1) Authorization. Preliminary appearances held pursuant to CrRLJ
3.2.1(d), arraignments held pursuant to this rule and CrRLJ 4.1, bail
hearings held pursuant to CrRLJ 3.2, and trial settings held pursuant to
CrRLJ 3.3(f), may be conducted by video conference in which all
participants can simultaneously see, hear, and speak with each other.
Such proceedings shall be deemed held in open court and in the
defendant's presence for the purposes of any statute, court rule or
policy. All video conference hearings conducted pursuant to this rule
shall be public, and the public shall be able to simultaneously see and
hear all participants and speak as permitted by the trial court judge.
Any party may request an inperson hearing, which may in the trial court
judge's discretion be granted.
(2) Agreement. Other trial court proceedings including the entry of
a Statement of Defendant on Plea of Guilty as provided for by CrRLJ 4.2
may be conducted by video conference only by agreement of the parties,
either in writing or on the record, and upon the approval of the trial
court judge pursuant to local court rule.
(3) Standards for Video Conference Proceedings. The judge, counsel,
all parties, and the public must be able to see and hear each other
during proceedings, and speak as permitted by the judge. Video
conference facilities must provide for confidential communications
between attorney and client and security sufficient to protect the
safety of all participants and observers. In interpreted proceedings,
the interpreter must be located next to the defendant and the proceeding
must be conducted to assure that the interpreter can hear all
participants.
Supersedes RCW 10.01.080; RCW 10.46.120, .130; RCW 10.64.020, .030.
Amended 12/02/99
RULE CrRLJ 3.5
CONFESSION PROCEDURE
(a) Requirement for Hearing. When an accused's statement which
is subject to constitutional protection is to be offered in
evidence the court shall hold, upon demand, a hearing for the
purpose of determining whether the statement is admissible.
(b) Defendant's Rights at Hearing. At the hearing, the court
shall ascertain whether the defendant has been informed that:
(1) He or she may, but need not, testify at the hearing on the
circumstances surrounding the statement;
(2) If the defendant does testify at the hearing, he or she
will be subject to cross examination with respect to the
circumstances surrounding the statement and with respect to his or
her credibility;
(3) If the defendant does testify at the hearing, he or she
does not by so testifying waive the right to remain silent during
the trial; and
(4) If the defendant does testify at the hearing, neither this
fact nor his or her testimony at the hearing shall be mentioned to
the jury unless he or she testifies concerning the statement at trial.
(c) Duty of Court To Make a Record. After the hearing, the
court shall state its findings of fact and conclusions of law as
to the admissibility or inadmissibility of the statement.
(d) Rights of Defendant When Statement Is Ruled Admissible. If
the court finds 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 statement;
(3) If the defendant becomes a witness on this issue, he or
she 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 (d)(1), the jury shall be instructed that it may give
such weight and credibility to the statement, in view of the
surrounding circumstances, as it sees fit.
[Adopted effective September 1, 1987.]
RULE 3.6
SUPPRESSION PROCEDURE
(a) Pleadings; Determination Regarding Hearing. Motions to suppress
physical, oral or identification evidence other than motions pursuant to
rule 3.5 shall be in writing supported by an affidavit or document as
provided in RCW 9A.72.085 or any law amendatory thereto, setting forth the
facts the moving party anticipates will be elicited at a hearing. If there
are no disputed facts, the court shall determine whether an evidentiary
hearing is required. If the court determines that no evidentiary hearing is
required, the court shall set forth its reasons for not conducting an
evidentiary hearing.
(b) Decision. The court shall state findings of fact and conclusions of
law.
Adopted 108 Wn.2d 1149 effective September 1, 1987
Amended 130 Wn.2d 1102 effective January 2, 1997
RULE CrRLJ 4.1
ARRAIGNMENT
(a) Time. (1) Defendant Detained in Jail. The defendant shall be
arraigned not later than 14 days after the date the complaint or citation and
notice is filed in court, if the defendant is (i) detained in a county or city
jail in the county where the charges are pending, or (ii) subject to conditions
of release imposed in connection with the same charges. (2) Defendant Not
Detained in Jail. The defendant shall be arraigned not later than 14 days after
that appearance which next follows the filing of the complaint or citation and
notice, if the defendant is not detained in such jail or subject to such
conditions of release. Any delay in bringing the defendant before the court
shall not affect the allowable time for arraignment, regardless of the reason
for the delay. For purposes of this rule, "appearance" has the meaning defined
in CrRLJ 3.3(a)(3)(iii).
(b) Objection to Arraignment Date---Loss of Right to Object. A party who
objects to the date of arraignment on the ground that it is not within the time
limits prescribed by this rule must state the objection to the court at the
time of the arraignment. If the court rules that the objection is correct, it
shall establish and announce the proper date of arraignment. That date shall
constitute the arraignment date for purposes of CrRLJ 3.3. A party who fails
to object as required shall lose the right to object, and the arraignment date
shall be conclusively established as the date upon which the defendant was
actually arraigned.
(c) Counsel. If the defendant appears without counsel, the court shall
inform the defendant of his or her right to have counsel before being
arraigned. The court shall inquire if the defendant has counsel. If the
defendant is not represented and is unable to obtain counsel due to indigence,
counsel shall be assigned to the defendant by the court, unless the defendant
makes a knowing, voluntary and intelligent waiver of counsel.
(d) Waiver of Counsel. If the defendant chooses to proceed without counsel,
the court shall determine on the record whether the waiver is made voluntarily,
competently and with knowledge of the consequences. The court shall make a
thorough inquiry of the defendant's understanding before accepting the waiver.
If the court finds the waiver valid, an appropriate finding shall be entered in
the record. Unless the waiver is valid, the court shall not proceed with the
arraignment until counsel is provided. Waiver of counsel at arraignment shall
not preclude the defendant from claiming the right to counsel in subsequent
proceedings in the cause, and the defendant shall be so informed.
(e) Name. Defendant shall be asked his or her true name. If the defendant
alleges that their true name is one other than that by which he or she is
charged, it must be entered in the record, and subsequent proceedings shall be
had against him or her by that name or other names relevant to the proceedings.
(f) Reading. The complaint or citation and notice or the substance of the
charge, shall be read to the defendant, unless the reading is waived, and a
copy shall be given to the defendant.
(g) Appearance by Defendant's Lawyer. Except as otherwise provided by
statute or by local court rule, a lawyer may enter an appearance or a plea of
not guilty on behalf of a client for any offense. Such appearance or plea may
be entered only after a complaint or citation and notice has been filed.
(1) The appearance or the plea of not guilty shall be made only in writing or
in open court, and eliminates the need for a further arraignment.
(2) An appearance that waives arraignment but fails to state a plea shall be
deemed to constitute entry of a plea of not guilty.
(3) An appearance under this rule constitutes a waiver of any defect in the
complaint or the citation and notice except for failure to charge a crime which
may be raised at any time and except for any other defect that is specifically
stated in writing or on the record at the time the appearance is entered.
(4) A written appearance shall commence the running of the time periods
established in rule 3.3 from the date of its receipt by the court, unless the
time periods have previously been commenced by an appearance in open court.
(5) Telephonic requests or notices by either the defendant or the defendant's
lawyer shall not constitute an arraignment or an appearance or entry of a plea,
and shall not commence the running of the time periods under rule 3.3.
(6) The appearance by a lawyer authorized by this rule shall be construed as
an "arraignment" under the other provisions of these rules.
[Amended effective September 1, 1995; September 1, 2003; September 1, 2010.]
4.2 PLEAS AND PRETRIAL DISPOSITION (IN WORD FORMAT)
The contents of this item are only available on-line.
RULE 4.3
JOINDER OF OFFENSES AND DEFENDANTS
(a) Joinder of Offenses. Two or more offenses may be joined in one
charging document, with each offense stated in a separate count, when the
offenses:
(1) Are of the same or similar character, even if not part of a single
scheme or plan; or
(2) Are based on the same conduct or on a series of acts connected
together or constituting parts of a single scheme or plan. The number of
offenses in one charging document may be governed by local court rule.
(b) Joinder of Defendants. Unless otherwise provided by local court
rule, two or more defendants may be joined in the same charging document:
(1) When each of the defendants is charged with accountability for each
offense included;
(2) When each of the defendants is charged with conspiracy and one or
more of the defendants is also charged with one or more offenses alleged to
be in furtherance of the conspiracy; or
(3) When, even if conspiracy is not charged and all of the defendants
are not charged in each count, it is alleged that the several offenses
charged:
(i) were part of a common scheme or plan; or
(ii) were so closely connected in respect to time, place and occasion
that it would be difficult to separate proof of one charge from proof of
the others. Such defendants may be charged in one or more counts together
or separately and it shall not be necessary to charge all defendants in
each count.
(c) Improper Joinder. Improper joinder of offenses or defendants shall
not preclude subsequent prosecution on the same charge for the charge or
defendant improperly joined.
RULE 4.3.1
CONSOLIDATION FOR TRIAL
(a) Consolidation Generally. Offenses or defendants properly joined
under rule 4.3 shall be consolidated for trial unless the court orders
severance pursuant to rule 4.4.
(b) Failure To Join Related Offenses.
(1) Two or more offenses are related offenses, for purposes of this
rule, if they are within the jurisdiction and venue of the same court and
are based on the same conduct.
(2) When a defendant has been charged with two or more related
offenses, his or her timely motion to consolidate them for trial should be
granted unless the court determines that because the prosecuting authority
does not have sufficient evidence to warrant trying some of the offenses at
that time, or for some other reason, the ends of justice would be defeated
if the motion were granted. A defendant's failure to so move constitutes a
waiver of any right of consolidation as to related offenses with which the
defendant knew he or she was charged.
(3) A defendant who has been tried for one offense may thereafter move
to dismiss a charge for a related offense, unless a motion for
consolidation of these offenses was previously denied or the right of
consolidation was waived as provided in this rule. The motion to dismiss
must be made prior to the second trial, and shall be granted unless the
court determines that because the prosecuting authority was unaware of the
facts constituting the related offense or did not have sufficient evidence
to warrant trying this offense at the time of the first trial, or for some
other reason, the ends of justice would be defeated if the motion were
granted.
(4) Entry of a plea of guilty to one offense does not bar the
subsequent prosecution of a related offense unless the plea of guilty was
entered on the basis of a plea agreement in which the prosecuting authority
agreed to seek or not to oppose dismissal of other related charges or not
to prosecute other potential related charges.
(c) Authority of Court To Act. The court may order consolidation for
trial of two or more charging documents if the offenses or defendants could
have been joined in a single charging document under rule 4.3.
RULE CrRLJ 4.4
SEVERANCE OF OFFENSES AND DEFENDANTS
(a) Timeliness of Motion; Waiver.
(1) A defendant's motion for severance of offenses or defendants must be
made before trial, except that a motion for severance may be made before or
at the close of all the evidence if the interests of justice require.
Severance is waived if the motion is not made at the appropriate time.
(2) If a defendant's pretrial motion for severance was overruled he or
she may renew the motion on the same ground before or at the close of all
the evidence. Severance is waived by failure to renew the motion.
(b) Severance of Offenses. The court, on application of the prosecuting
authority, or on application of the defendant other than under section (a),
shall grant a severance of offenses whenever before trial or during trial
with consent of the defendant, the court determines that severance will
promote a fair determination of the defendant's guilt or innocence of each
offense.
(c) Severance of Defendants.
(1) A defendant's motion for severance on the ground that an out-of-court
statement of a codefendant referring to him or her is inadmissible against
him or her shall be granted unless:
(i) the prosecuting authority elects not to offer the statement in the
case in chief; or
(ii) deletion of all references to the moving defendant will eliminate
any prejudice to him or her from the admission of the statement.
(2) The court, on application of the prosecuting authority, or on
application of the defendant other than under subsection
(i), should grant a severance of defendants whenever:
(i) if before trial, it is deemed necessary to protect a defendant's
rights to a speedy trial, or it is deemed appropriate to promote a fair
determination of the guilt or innocence of a defendant; or
(ii) if during trial upon consent of the severed defendant, it is deemed
necessary to achieve a fair determination of the guilt or innocence of a
defendant.
(3) When such information would assist the court in ruling on a motion
for severance of defendants, the court may order the prosecuting authority
to disclose any statements made by the defendants which he or she intends
to introduce in evidence at the trial.
(d) Failure To Prove Grounds for Joinder of Defendants. If pursuant to
section (a), a defendant moves to be severed at the conclusion of the
prosecuting authority's case or of all the evidence, and there is not
sufficient evidence to support the grounds upon which the moving defendant
was joined or previously denied severance, the court shall grant severance
if, in view of this lack of evidence, failure to sever prejudices the
moving defendant.
(e) Authority of Court To Act on Own Motion. The court may order a
severance of offenses or defendants before trial if a severance could be
obtained on motion of a defendant or the prosecuting authority.
[Adopted effective September 1, 1987; amended effective September 1, 2007.]
RULE 4.5
PRETRIAL HEARING
When a plea of not guilty is entered, the court may set a time for a
pretrial hearing. The time set for the pretrial hearing should allow
sufficient time for the lawyers to initiate and complete discovery, conduct
further investigation of the case as needed, and continue plea discussions.
RULE 4.6
DEPOSITIONS
(a) When Taken. Upon a showing that a prospective witness may be
unable to attend or prevented from attending a trial or hearing or if a
witness refuses to discuss the case with either lawyer and that his or her
testimony is material and that it is necessary to take his or her
deposition in order to prevent a failure of justice, the court at any time
after the filing of a complaint or citation and notice may upon motion of a
party and notice to the parties order that his or her testimony be taken by
deposition and that any designated books, papers, documents or tangible
objects, not privileged, be produced at the same time and place.
(b) Notice of Taking. The party at whose instance a deposition is to
be taken shall give to every other party reasonable written notice of the
time and place for taking the deposition. The notice shall state the name
and address of each person to be examined. On motion of a party upon whom
the notice is served, the court for cause shown may extend or shorten the
time and may change the place of taking.
(c) How Taken. A deposition shall be taken in the manner provided in
civil actions. No deposition shall be used in evidence against any
defendant who has not had notice of and an opportunity to participate in or
be present at the taking thereof.
(d) Use. Any deposition may be used by any party for the purpose of
contradicting or impeaching the testimony of the deponent as witness, or as
substantive evidence under circumstances permitted by the Rules of
Evidence.
(e) Objections to Admissibility. Objections to receiving in evidence a
deposition or part thereof may be made as provided in civil actions.
RULE CrRLJ 4.7
DISCOVERY
(a) Prosecuting Authority's Obligations.
(1) Except as otherwise provided by protective orders or as
to matters not subject to disclosure, the prosecuting authority
shall, upon written demand, disclose to the defendant the
following material and information within his or her possession
or control concerning:
(i) the names and addresses of persons whom the prosecuting
authority intends to call as witnesses at the hearing or trial,
together with any written or recorded statements and the
substance of any oral statements of such witnesses;
(ii) any written or recorded statements and the substance of
any oral statements made by the defendant, or made by a
codefendant if the trial is to be a joint one;
(iii) any reports or statements of experts made in connection
with the particular case, including results of physical or mental
examinations and scientific tests, experiments, or comparisons;
(iv) any books, papers, documents, photographs, or tangible
objects which the prosecuting authority intends to use in the
hearing or trial or which were obtained from or belonged to the defendant;
(v) any record of prior criminal convictions known to the
prosecuting authority of the defendant and of persons whom the
prosecuting authority intends to call as witnesses at the hearing or trial;
(vi) any electronic surveillance, including wiretapping, of
the defendant's premises or conversations to which the defendant
was a party and any record thereof;
(vii) any expert witnesses whom the prosecuting authority
will call at the hearing or trial, the subject of their
testimony, and any reports relating to the subject of their
testimony that they have submitted to the prosecuting authority;
(viii) any information indicating entrapment of the defendant;
(ix) specified searches and seizures;
(x) the acquisition of specified statements from the defendant; and
(xi) the relationship, if any, of specified persons to the
prosecuting authority.
(2) Unless the court orders otherwise, discoverable materials
shall be made available for inspection and copying within 21 days
of arraignment or within 21 days of receipt of the demand by the
prosecuting authority, whichever is later.
(3) Except as otherwise provided by protective orders, the
prosecuting authority shall disclose to defendant's lawyer any
material or information within his or her knowledge which tends
to negate defendant's guilt as to the offense charged.
(4) The prosecuting authority's obligation under this section
is limited to material and information within the actual
knowledge, possession, or control of members of his or her staff.
(b) Defendant's Obligations.
(1) Except as otherwise provided by protective orders or as
to matters not subject to disclosure, the defendant shall, upon
written demand, disclose to the prosecuting authority the
following material and information within his or her possession
or control concerning:
(i) the names and addresses of persons whom the defendant
intends to call as witnesses at the hearing or trial, together
with any written or recorded statements and the substance of any
oral statements of such witnesses;
(ii) any books, papers, documents, photographs, or tangible
objects which the defendant intends to use in the hearing or trial;
(iii) any expert witnesses whom the defendant will call at
the hearing or trial, the subject of their testimony, and any
reports relating to the subject of their testimony that they
have submitted to the defendant;
(iv) any claim of incompetency to stand trial;
(v) whether his or her prior convictions will be stipulated
or need to be proved;
(vi) whether or not he or she will rely on a defense of insanity
at the time of the offense; and
(vii) the general nature of his or her defense.
(2) Unless the court orders otherwise, discoverable materials
shall be made available for inspection and copying not later
than 14 days prior to the date set for trial.
(3)References in this section to defendant shall be deemed
to include the defendant's lawyer, where appropriate.
(c) Physical and Demonstrative Evidence.
(1) Notwithstanding the initiation of judicial proceedings,
and subject to constitutional limitations, the court on motion of
the prosecuting authority or the defendant may require or allow
the defendant to:
(i) appear in a lineup;
(ii) speak for identification by a witness to an offense;
(iii) be fingerprinted;
(iv) pose for photographs not involving reenactment of the crime charged;
(v) try on articles of clothing;
(vi) permit the taking of samples of or from his or her
blood, hair, and other materials of his or her body including
materials under his or her fingernails which involve no
unreasonable intrusion thereof;
(vii) provide specimens of his or her handwriting; and
(viii) submit to a reasonable physical, medical, or
psychiatric inspection or examination.
(2) Provisions may be made for appearance for the purposes
stated in this section in an order for pretrial release.
(d) Material Held by Others. Upon defendant's request and
designation of material or information in the knowledge,
possession or control of other persons which would be
discoverable if in the knowledge, possession or control of the
prosecuting authority, the prosecuting authority shall attempt to
cause such material or information to be made available to the
defendant. If the prosecuting authority's efforts are
unsuccessful and if such material or persons are subject to the
jurisdiction of the court, the court shall issue suitable
subpoenas or orders to cause such material to be made available
to the defendant.
(e) Discretionary Disclosures.
(1) Upon a showing of materiality and if the request is
reasonable, the court in its discretion may require disclosure of
the relevant material and information not covered by sections (a) and (d).
(2) The court may condition or deny disclosure authorized by
this rule if it finds that there is a substantial risk to any
person of physical harm, intimidation, bribery, economic
reprisals or unnecessary annoyance or embarrassment resulting
from such disclosure, which outweigh any usefulness of the
disclosure to the defendant.
(f) Matters Not Subject to Disclosure.
(1) Work Product. Disclosure shall not be required of legal
research or of records, correspondence, reports or memoranda to
the extent that they contain the opinions, theories or
conclusions of investigating or prosecuting agencies except as to
material discoverable under subsection (a)(1)(iii).
(2) Informants. Disclosure of an informants identity shall
not be required when his or her identity is a prosecution secret
and a failure to disclose will not infringe upon the
constitutional rights of the defendant. Disclosure of the
identity of witnesses to be produced at a hearing or trial shall
not be denied.
(g) Regulation of Discovery.
(1) Investigations Not To Be Impeded. Except as otherwise
provided by protective orders or as to matters not subject to
disclosure, neither the lawyers for the parties nor other
prosecution or defense personnel shall advise persons, other than
the defendant, who have relevant material or information to
refrain from discussing the case with the opposing lawyer or
showing the opposing lawyer any relevant material, nor shall they
otherwise impede the opposing lawyers investigation of the case.
(2) Continuing Duty To Disclose. If, after compliance with
this rule or orders pursuant to it, a party discovers additional
material or information which is subject to disclosure, he or she
shall promptly notify the other party or his or her lawyer of the
existence of such additional material. If the additional material
or information is discovered during trial, the court shall also
be notified.
(3) Custody of Materials. Any materials furnished to a lawyer
pursuant to these rules shall remain in the exclusive custody of
the lawyer and be used only for the purposes of conducting the
party's side of the case, unless otherwise agreed by the parties
or ordered by the court, and shall be subject to such other terms
and conditions as the parties may agree or the court may provide.
Further, a defense lawyer shall be permitted to provide a copy of
the materials to the defendant after making appropriate
redactions which are approved by the prosecuting authority or
order of the court.
(4) Protective Orders. Upon a showing of cause, the court may
at any time order that specified disclosure be restricted or
deferred or make such other order as is appropriate, provided
that all material and information to which a party is entitled
must be disclosed in time to permit his or her lawyer to make
beneficial use of it.
(5) Excision. When some parts of certain material are
discoverable under this rule and other parts are not
discoverable, as much of the material shall be disclosed as is
consistent with this rule. Material excised pursuant to judicial
order shall be sealed and preserved in the records of the court,
to be made available to the appellate court in the event of an
appeal.
(6) In Camera Proceedings. Upon request of any person, the
court may permit any showing of cause for denial or regulation of
disclosure, or portion of such showing, to be made in camera. A
record shall be made of such proceedings. If the court enters an
order granting relief following a showing in camera, the entire
record of such showing shall be sealed and preserved in the
records of the court, to be made available to the appellate court
in the event of an appeal.
(7) Sanctions.
(i) If at any time during the course of the proceedings it is
brought to the attention of the court that a party has failed to
comply with an applicable discovery rule or an order issued
pursuant thereto, the court may order such party to permit the
discovery of material and information not previously disclosed,
grant a continuance, or enter such other order as it deems just
under the circumstances.
(ii) The court may at any time dismiss the action if the
court determines that failure to comply with an applicable
discovery rule or an order issued pursuant thereto is the result
of a willful violation or of gross negligence and that the
defendant was prejudiced by such failure.
(iii) A lawyers willful violation of an applicable discovery
rule or an order issued pursuant thereto may subject the lawyer
to appropriate sanctions by the court.
[Adopted effective September 1, 1987; September 1, 2005.]
RULE 4.8
SUBPOENAS
(a) Issuance for Witnesses. The defendant and the prosecuting authority
may subpoena witnesses necessary to testify at a scheduled hearing or
trial. The subpoena may only be issued by a judge, court commissioner,
clerk of the court, or by a party's lawyer. If a party's lawyer issues a
subpoena, a copy shall be filed with the court. If the subpoena is for a
witness outside the county or counties contiguous with it, the judge must
approve the subpoena.
(b) Subpoena Duces Tecum.
(1) Upon application of either party, the court may issue a subpoena
duces tecum, commanding the person to whom it is directed to produce books,
papers, documents or other objects designated in it. The court may direct
that books, papers, documents or objects designated in the subpoena be
produced before the court at a time prior to the trial or prior to the time
when they are to be offered in evidence and may, upon their production,
permit the books, papers, documents or objects, or portions of them, to be
inspected by the parties and their lawyers.
(2) On motion made promptly the court may quash or modify the subpoena
duces tecum if compliance would be illegal, unreasonable or oppressive.
(c) Service. A subpoena may be directed for service within their
jurisdiction to the sheriff of any county or to any peace officer of any
municipality in which the witness may be, or it may be served as provided
in CRLJ 45(c), or it may be served by first-class mail, postage prepaid,
sent to the witness' last known address. Service by mail shall be deemed
complete upon the third day following the day upon which the subpoena was
placed in the mail.
(d) Proof of Service.
(1) When personal service is made by someone other than a sheriff or
peace officer, proof shall be by affidavit or by certification under RCW
9A.72.085 or any law amendatory thereof.
(2) Proof of service by mail may be by affidavit or certification,
under RCW 9A.72.085 or any law amendatory thereof, of the person who mailed
the papers, or by written acknowledgment of service.
(e) Sanctions.
(1) If at any time during the proceedings it is brought to the courts
attention that a party's lawyer has abused the power to issue subpoenas,
the court may impose upon the lawyer such terms as are just.
(2) No subpoena shall be the basis for a material witness warrant or a
contempt of court citation unless there is proof of personal receipt.
RULE 4.9
PROCESS--CRIMINAL
The court may issue criminal process to any person anywhere in the
state.
RULE 4.10
MATERIAL WITNESS
(a) Warrant. On motion of the prosecuting authority or the defendant,
the court may issue a warrant, subject to reasonable bail, for the arrest
of a material witness. The warrant shall issue only on a showing, by
affidavit or on the record in open court, that the testimony of the witness
is material and that
(1) The witness has refused to submit to a deposition ordered by the
court pursuant to rule 4.6; or
(2) The witness has refused to obey a lawfully issued subpoena; or
(3) It may become impracticable to secure the presence of the witness
by subpoena. Unless otherwise ordered by the court, the warrant shall be
executed and returned as in rule 2.2.
(b) Hearing. After the arrest of the witness, the court shall hold a
hearing no later than the next court day after the witness is present in
the county from which the warrant issued. The witness shall be entitled to
be represented by a lawyer. The court shall appoint a lawyer for an
indigent witness if it is required to protect the rights of the witness.
(c) Release/Detention. Upon a determination that the testimony of the
witness is material and that one of the conditions set forth in section (a)
exists, the court shall set conditions for release of the witness pursuant
to rule 3.2. A material witness shall be released unless the court
determines that the testimony of such witness cannot be secured adequately
by deposition and that further detention is necessary to prevent a failure
of justice. Release of a material witness may be delayed for a reasonable
period of time until the deposition of the witness can be taken pursuant to
rule 4.6.
RULE 5.1
COMMENCEMENT OF ACTIONS
(a) Where Commenced Under Municipal Ordinance. All actions alleging a
violation of a municipal ordinance shall be commenced in the municipal
court, in the municipal department of the district court where the
municipality is located, or in a district court pursuant to an interlocal
government agreement.
(b) Where Commenced Under Other Laws.
(1) All other actions shall be commenced in the district where the
alleged offense was committed, or in any district wherein an element of the
alleged offense was committed or occurred.
(2) The action may also be brought:
(i) in the district in which the county seat is located, if
(a) the alleged offense is a felony, or (b) if the defendant consents;
or
(ii) in an adjacent district in the same county, if the alleged offense
relates to driving, or being in actual physical control of a motor vehicle
and occurred within an enhanced enforcement district under RCW 2.56.110 or
any law amendatory thereof; or
(iii) in a district where a custodial facility is located, if the
defendant is incarcerated therein and transporting the defendant is not
practical.
(c) Two or More Districts. Where there is reasonable doubt whether an
alleged offense has been committed in one of two or more districts, the
action may be commenced in any such district.
(d) Right To Change. When a case is filed pursuant to section (c) of
this rule, the defendant shall have the right to change venue to any other
district in which the offense may have been committed.
(e) Objection. Any objection to venue must be made as soon after the
initial pleading is filed as the defendant has knowledge upon which to make
it.
RULE 5.2
CHANGE OF VENUE
(a) When Ordered--Improper District. The court shall order a change of
venue upon motion and showing that the action has not been prosecuted in
the proper district.
(b) When Ordered--On Motion. The court may order a change of venue to
another district in the same county, if any, or otherwise to an adjacent
district in another county if the defendant consents:
(1) Upon written agreement of the prosecuting authority and the
defendant; or
(2) Upon motion of the defendant, supported by affidavit, that the
defendant believes he or she cannot receive a fair trial in the district
where the action is pending; or
(3) Upon motion of either party that the convenience of witnesses or
the ends of justice would be served by such change; or
(4) Upon motion of either party or the court, to a district where a
custodial facility is located, if the defendant is incarcerated therein and
transporting the defendant is not practical.
(5) Upon the courts own motion, if all of the judges of a district are
disqualified from hearing the case. The court may also order a change of
venue to the district in which the county seat is located, if the defendant
consents.
(c) Procedure on Transfer. When the court orders a change of venue it
shall direct that all the papers and proceedings be certified to the court
of the proper district. The defendant and subpoenaed witnesses shall have a
continuing obligation to appear and attend as required.
RULE 5.3
SEVERAL CHARGING DOCUMENTS FOR SAME
OFFENSE--DIFFERENT COURTS
If two or more charging documents are filed against the same defendant
for the same offense in different courts, and if each court has
jurisdiction, the court in which the first charging document was filed
shall try the case. Upon motion by either party, or the court, the second
or several charging documents shall be forwarded for consolidation and
trial to the court in which a charging document was first filed.
RULE 6.1.1
TRIAL BY JURY
(a) Trial by Jury. Cases required to be tried by a jury shall be so
tried unless the defendant files a written waiver of a jury trial, and has
consent of the court.
(b) Demand by Prosecution. The prosecuting authority may demand a jury
trial when authorized by law. The demand shall be in writing and filed with
the court within 15 days after the defendant is arraigned. Notice of the
demand shall be served upon the defendant promptly thereafter.
(c) Number of Jurors. The number of persons serving on a jury shall be
six, not including alternates.
(d) Juror Unable To Continue. If a case has not yet been submitted to
the jury and a juror is unable to continue and no alternate jurors were
selected or none are available, or if a case has been submitted to the jury
and a juror is unable to continue, all defendants may elect to continue
with the remaining jurors. The court shall declare a mistrial for any
defendant who does not elect to continue with the remaining jurors. If
some, but not all, defendants elect to continue with the trial, the court
shall proceed with the trial for those defendants unless the court
determines manifest necessity requires a mistrial.
RULE 6.1.2
TRIAL BY THE COURT
(a) Trial Without Jury. In a case tried without a jury, the court shall
state separately findings of fact and conclusions of law.
(b) Stipulation or Submittal. A defendant, with the approval of the
prosecuting authority, may submit his or her case upon the police report
and other materials by stipulating to the admissibility thereof in lieu of
testimony. A written statement of the defendant in substantially the form
set forth below may be filed:
STATE OF WASHINGTON
COUNTY OF______________, ) Case No. ______
THE STATE OF WASHINGTON, )
CITY OR TOWN OF________, )
Plaintiff, ) STATEMENT OF DEFENDANT
v. ) ON SUBMITTAL OR
_______________, ) STIPULATION OF FACTS
Defendant. )
I am the defendant in this case. I wish to submit the case on the
record. I understand that this means that the judge will read the police
report and other materials and, based upon that evidence, the judge will
decide if I am guilty of the crime(s) of ___________________________.
I understand that, by this process, I am giving up the constitutional
right to a jury trial, the right to hear and question witnesses, the right
to call witnesses in my own behalf, and the right to testify or not to
testify.
I understand that the maximum sentence for the crime(s) is
______________________________________________________________________
and that the judge can impose any sentence up to the maximum, no matter
what the prosecution or the defense recommends.
No one has made any threats or promises to get me to submit this case
other than the prosecuting authority's promise to take the following action
and/or make the following recommendations:
______________________________________________________________________
_____________________________________________________________________.
Dated this _______ day of ____________________, 19____.
_________________________________
Defendant
________________________________ _________________________________
For the Prosecuting Authority Lawyer for Defendant
RULE 6.1.3
ORDER OF TRIAL
The order of trial shall be as follows, where applicable:
(a) The jury shall be sworn well and truly to try the case.
(b) Unless both parties waive opening statements, the prosecuting
authority shall make the opening statement outlining the evidence which
will be offered by the prosecution, and the defense may immediately
thereafter make an opening statement or such opening statement may be
reserved until after the conclusion of the prosecutions case in chief.
(c) The prosecution shall submit its evidence.
(d) The defense may challenge the sufficiency of the evidence at the
close of the prosecutions case in chief, and, if sustained, the case shall
be dismissed; otherwise, the defense may then offer its evidence.
(e) The parties may thereafter offer evidence in rebuttal and
surrebuttal. The court, for good cause shown or in the interest of justice,
may permit the parties to offer evidence upon their original cases.
(f) The instructions shall be given prior to closing argument.
(g) The prosecution may argue its case after which the defense may
argue followed by the prosecutions rebuttal. The length of time of all
arguments shall be fixed by the court in its discretion and announced
before the arguments are commenced. Equal time shall be allowed each party.
(h) After argument, the jury shall retire to consider its verdict, or
the court shall state its findings of fact and conclusions of law.
RULE 6.2
JURORS' ORIENTATION
All jurors shall be given a general orientation when they report for
jury. A copy of the Jurors Handbook to Washington Courts prepared by the
Superior Court Judges' Association of the State of Washington and the
District and Municipal Court Judges' Association should be provided to all
jurors.
RULE 6.3
SELECTING THE JURY
When the case is called for trial, the jurors shall be selected at
random from the jurors summoned who have appeared and have not been
excused.
RULE 6.4
CHALLENGES
(a) Challenges to the Entire Panel. Challenges to the entire panel
shall only be sustained for a material departure from the procedures
prescribed by law for their selection.
(b) Voir Dire. A voir dire examination shall be conducted under oath
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 lawyers and by briefly
outlining the nature of the case. The judge and the lawyers 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.
(c) Challenges for Cause.
(1) If the judge after examination of any juror is of the opinion that
grounds for challenge are present, he or she shall excuse that juror from
the trial of the case. If the judge does not excuse the juror, any party
may challenge the juror for cause.
(2) RCW 4.44.150 through 4.44.190 shall govern challenges for cause.
(d) Exceptions to Challenge.
(1) Determination. The challenge may be excepted to by the adverse
party for insufficiency and, if so, the court shall determine the
sufficiency thereof, assuming the facts alleged therein to be true. The
challenge may be denied by the adverse party and, if so, the court shall
try the issue and determine the laws and the facts.
(2) Trial of Challenges. Upon trial of a challenge, the rules of
evidence applicable to testimony offered upon the trial of an ordinary
issue of fact shall govern. The juror challenged, or any other person
otherwise competent, may be examined as a witness by either party. If a
challenge be determined to be sufficient, or if found to be true, as the
case may be, it shall be allowed, and the juror to whom it was taken
excluded; but if not so determined or found otherwise, it shall be
disallowed.
(e) Peremptory Challenges.
(1) Peremptory Challenges Defined. A peremptory challenge is an
objection to a juror for which there is no reason given, but upon which the
court shall exclude the juror. The defense and the prosecuting authority
may peremptorily challenge three jurors each. When several defendants are
on trial together, each defendant shall be entitled to one challenge in
addition to the number of challenges provided above, with discretion in the
trial judge to afford the prosecuting authority such additional challenges
as circumstances warrant.
(2) Peremptory Challenges--How Taken. After prospective jurors have
been passed for cause, peremptory challenges shall be exercised alternately
first by the prosecution then by each defendant, until the peremptory
challenges are exhausted or the jury accepted. Acceptance of the jury as
presently constituted shall not waive any remaining peremptory challenges
to jurors subsequently called.
RULE 6.5
ALTERNATE JURORS
When the jury is selected the court may direct the selection of one or
more additional jurors, in its discretion, to be known as alternate jurors.
Each party shall be entitled to one peremptory challenge for each alternate
juror to be selected. When several defendants are on trial together, each
defendant shall be entitled to one challenge in addition to the challenge
provided above, with discretion in the trial judge to afford the
prosecuting authority such additional challenges as circumstances warrant.
If at any time before submission of the case to the jury a juror is found
unable to perform his or her duties the court shall order the juror
discharged, and the clerk shall draw the name of an alternate who shall
take the jurors place on the jury.
RULE 6.6
JURORS' OATH
The jury shall be sworn or affirmed well and truly to try the issue
between the prosecuting authority and the defendant, according to the
evidence and instructions by the court.
RULE 6.7
CUSTODY OF JURY
(a) Generally. During trial and deliberations the jury may be allowed
to separate unless good cause is shown, on the record, for sequestration of
the jury.
(b) Communication Restricted. Unless the jury is allowed to separate,
the jurors shall be kept together under the charge of one or more officers
until they agree upon their verdict or are discharged by the court. The
officer shall keep the jurors separate from other persons and shall not
allow any communication which may affect the case to be made to the jurors,
nor make any himself or herself, unless by order of the court, except to
ask the jurors if they have agreed upon their verdict. The officer shall
not, before the verdict is rendered, communicate to any person the state of
the jurors' deliberations or their verdict.
(c) Motions. Any motions or proceedings concerning the separation or
sequestration of the jury shall be made out of the presence of the jury.
RULE CrRLJ 6.8
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.
[Adopted effective September 1, 1987; amended effective October 1, 2002.]
RULE 6.9
VIEW OF PREMISES BY JURY
The court may allow the jury to view the place in which any material
fact occurred. In such event it shall order the jury to be conducted in a
body, in the custody of a proper officer of the court to the place which
shall be shown to them by the judge. The defendant shall be present at the
view. During the view, no person other than the judge or person authorized
by the judge shall speak to the jury on any subject relating to the trial.
RULE 6.10
DISCHARGE OF THE JURY
The jury may be discharged by the court on consent of both parties or
when it appears that there is no reasonable probability of their reaching
agreement.
RULE 6.11
JUDGE--DISABILITY
(a) Disability of Judge During Jury Trial. If, before the judge submits
the cause to the jury, he or she is unable to continue with the trial, any
other judge assigned to or regularly sitting in the court, upon becoming
familiar with the record of the trial, may proceed with the trial. Upon
defendant's objection to the replacement, a mistrial shall be granted. If,
after the judge submits the case to the jury, he or she is unable to
continue, the case shall proceed before another judge.
(b) Disability of Judge During Nonjury Trial. If a judge before whom
trial without jury has commenced is unable to proceed with the trial, a
mistrial shall be granted.
RULE 6.12
WITNESSES
(a) Who May Testify. Any person may be a witness in any action or
proceeding under these rules except as hereinafter provided or as provided
in the Rules of Evidence.
(b) When Excused. A witness subpoenaed to attend in a criminal case is
dismissed and excused from further attendance as soon as he or she has
given his or her testimony in chief and has been cross-examined thereon,
unless either party makes request in open court that the witness remain in
attendance; and witness fees will not be allowed any witness after the day
on which his or her testimony is given, except when the witness has in open
court been required to remain in further attendance.
(c) Persons Incompetent To Testify. The following persons are
incompetent to testify: (1) those who are of unsound mind, or intoxicated
at the time of their production for examination; and (2) those who do not
have the capacity of receiving just impressions of the facts about which
they are examined or who do not have the capacity of relating them truly.
This shall not affect any recognized privileges.
(d) Not Excluded on Grounds of Interest. No person offered as a witness
shall be excluded from giving evidence by reason of his or her interest in
the result of the action, as a party thereto or otherwise, but such
interest may be shown to affect his or her credibility.
6.13 EVIDENCE (IN WORD FORMAT) The contents of this item are only available on-line.
RULE 6.14
IMMUNITY
In any case, the court on motion of the prosecuting authority may order
that a witness shall not be excused from giving testimony or producing any
papers, documents or things, on the ground that such testimony may tend to
incriminate or subject the witness to a penalty or forfeiture arising from
the commission of a gross misdemeanor, misdemeanor, or traffic infraction;
but the witness shall not be prosecuted or subjected to criminal penalty or
forfeiture for or on account of any gross misdemeanor, misdemeanor, or
traffic infraction concerning which the witness has been ordered to testify
pursuant to this rule. If such testimony may tend to incriminate or subject
the witness to a penalty or forfeiture arising from the commission of a
felony, immunity may only be sought with the concurrence of the prosecuting
authority in whose county the offense occurred. The witness may
nevertheless be prosecuted for failing to comply with the order to answer,
or for perjury or the giving of false evidence.
RULE CrRLJ 6.15
INSTRUCTIONS AND ARGUMENT
(a) Proposed Instructions. Unless otherwise ordered by the
court, proposed jury instructions shall be served and filed when
a case is called for trial by serving one copy upon the lawyer
for each party, by filing one copy with the clerk, and by
delivering the original and one additional copy for each party to
the trial judge. Additional instructions, which could not be
reasonably anticipated, shall be served and filed at any time
before the court has instructed the jury. Each proposed
instruction shall be on a separate sheet of paper. The original
shall not be numbered nor include citations of authority. A court
of limited jurisdiction may adopt local rules permitting certain
instructions to be requested by number from any published book of
instructions.
(b) Objections to Instructions. Before instructing the jury,
the court shall supply the lawyers with copies of the proposed
instructions, verdict and special finding forms. The court shall
afford the lawyers an opportunity in the absence of the jury to
object to the giving of any instructions and the refusal to give
a requested instruction or submission of a verdict or special
finding form. The party objecting shall state the reasons for the
objection, identifying the instruction and specifying the
particular part of the instruction to be given or refused. The
court shall provide the lawyer for each party with a copy of the
instructions in final form.
(c) Instructing the Jury and Argument of Counsel. The court
shall read the instructions to the jury. The prosecuting
authority may then address the jury after which the defense may
address the jury followed by the prosecuting authority's
rebuttal.
(d) Deliberation. After argument, the jury shall retire to
consider the verdict. The jury shall take with it the
instructions given, all exhibits received in evidence, and a
verdict form or forms.
(e) Questions from Jury During Deliberations.
(1) The jury shall be instructed that any question it
wishes to ask the court about the instructions or evidence
should be signed, dated and submitted in writing to the
bailiff. The court shall notify the parties of the contents
of the questions and provide them an opportunity to comment
upon an appropriate response. Written questions from the
jury, the court’s response and any objections thereto shall
be made a part of the record. The court shall respond to
all questions from a deliberating jury in open court or in
writing. In its discretion, the court may grant a jury’s
request to rehear or replay evidence, but should do so in a
way that is least likely to be seen as a comment on the
evidence, in a way that is not unfairly prejudicial and in a
way that minimizes the possibility that jurors will give
undue weight to such evidence. Any additional instruction
upon any point of law shall be given in writing.
(2) After jury deliberations have begun, the court shall not
instruct the jury in such a way as to suggest the need for
agreement, the consequences of no agreement, or the length of
time a jury will be required to deliberate.
(f) Several Offenses. The verdict forms for an offense
charged or necessarily included in the offense charged or an
attempt to commit either the offense charged or any offense
necessarily included therein may be submitted to the jury.
[Adopted effective September 1, 1987; amended effective October 1, 2002.]
CrRLJ 6.16
Verdicts and Findings
(a) Verdicts.
(1) Several Defendants. If there are two or more defendants, the jury at
any time during its deliberations may return a verdict or verdicts with respect
to a defendant or defendants as to whom it has agreed; if a jury cannot agree
with respect to all, the defendant or defendants as to whom it does not agree
may be tried again.
(2) Return of Verdict. When all members of the jury agree upon a verdict
of guilty or not guilty, the presiding juror shall complete and sign the
verdict form and return it to the judge in open court.
(3) Poll of Jurors. When a verdict or special finding is returned and
before it is recorded, the jury shall be polled at the request of any party or
upon the courts own motion. If at the conclusion of the poll, all of the jurors
do not concur, the jury may be directed to retire for further deliberations or
may be discharged by the court.
(b) Special Findings. The court may submit to the jury forms for such
special findings which may be required or authorized by law. The court shall
give such instruction as may be necessary to enable the jury both to make these
special findings or verdicts and to render a general verdict. When a special
finding is inconsistent with another special finding or with the general
verdict, the court may order the jury to retire for further consideration.
(c) Not Guilty By Reason of Insanity.
(1) Procedure When Verdict Received. If a defendant is acquitted of a
crime by reason of insanity, the court shall either direct the defendant's
release or shall order the defendant's hospitalization or an appropriate
alternative treatment as mandated by RCW 10.77.110. Prior to the entry of an
appropriate order releasing or detaining the defendant, the court shall advise
the defendant: (i) of the need to surrender any firearm and any concealed
pistol license, and of the prohibition upon the possession of any firearm or of
a concealed pistol license; (ii) of the time limits on the right to collateral
attack imposed by RCW 10.73.090 and .100; and (iii) if the defendant is
acquitted of a sex offense or kidnapping offense as defined in RCW 9A.44.130,
of the need to register as a sex offender or kidnapping offender.
(2) Form of Notice. The form shall be in substantially the following form:
SUPERIOR COURT OF WASHINGTON
FOR [ ] COUNTY
STATE OF WASHINGTON, ) No.
Plaintiff, ) NOT GUILTY BY REASON OF INSANITY
vs. ) ACQUITTEE'S NOTICE OF
) [X] FIREARM DISABILITY
_______________________, ) [X] TIME LIMITS ON COLLATERAL ATTACKS
Defendant. ) [ ] SEX OFFENDER OR KIDNAPPING
) [ ] OFFENDER REGISTRATION REQUIREMENTS
)
TO THE ABOVE-NAMED DEFENDANT:
You are hereby advised that you have been acquitted by reason of insanity
of the offense of ____________________.
YOU ARE ADVISED THAT YOU ARE TO IMMEDIATELY SURRENDER ANY FIREARM AND ANY
CONCEALED PISTOL LICENSE AND YOU MAY NOT POSSESS A FIREARM OR A CONCEALED
PISTOL LICENSE UNTIL YOUR RIGHT HAS BEEN RESTORED BY A COURT OF RECORD.
You are further advised that if you wish to petition or move for collateral
attack on any order of hospitalization or order mandating alternative treatment
less restrictive than detention in a state hospital, including but not limited
to any personal restraint petition, state habeas corpus petition, motion to
vacate judgment, motion to withdraw guilty plea, motion for new trial or motion
to arrest judgment, you must do so within one year of the final judgment in
this matter, except as provided for in RCW 10.73.100. In re Personal Restraint
of Well, 133 Wn.2d 433, 946 P.2d 750 (1997).
If the following numbered paragraphs apply, they should initialed by the
Defendant and the Judge.
1. General Applicability and Requirements. Because the offense which you have
been acquitted of committing by reason of insanity is classified as a sex
offense or kidnapping offense in RCW 9A.44.130, you will be required to
register with the sheriff of the county of the state of Washington where you
reside. If you are not a resident of Washington but you are a student in
Washington or you are employed in Washington or you carry on a vocation in
Washington, you must register with the sheriff of the county of your school,
place of employment, or vocation. You must register immediately upon being
acquitted by reason of insanity unless you are in custody, in which case you
must register at the time of your release with the person designated by the
agency that has you in custody and you must also register within 24 hours of
your release with the sheriff of the county of the state of Washington where
you will be residing, or if not residing in the state of Washington, where you
are a student, where you are employed, or where you carry on a vocation.
2. Offenders Who Leave the State and Return: If you leave this state
following your acquittal or release from custody but later move back to
Washington, you must register within three business days after moving to this
state or within 24 hours after doing so if you are under the jurisdiction of
this state's Department of Social and Health Services. If you leave this state
following your acquittal or release from custody, but later while not a
resident of Washington you become employed in Washington, carry on a vocation
in Washington, or attend school in Washington, you must register within three
business days after attending school in this state or becoming employed or
carrying out a vocation in this state, or within 24 hours after doing so if you
are under the jurisdiction of this state's Department of Social and Health Services.
3. Change of Residence Within State and Leaving the State: If you change your
residence within a county, you must send signed written notice of your change
of residence to the sheriff within 72 hours of moving. If you change your
residence to a new county within this state, you must send signed written
notice of the change of address at least 14 days before moving to the county
sheriff in the new county of residence and you must register with the sheriff
of the new county within 24 hours of moving. You must also give signed written
notice of your change of address to the sheriff of the county where last
registered within 10 days of moving. If you move out of Washington State, you
must send written notice within 10 days of moving to the new state or foreign
country to the county sheriff with whom you last registered in Washington State.
4. Additional Requirements Upon Moving to Another State: If you move to
another state, or if you work, carry on a vocation, or attend school in another
state you must register a new address, fingerprints, and photograph with the
new state within 10 days after establishing residence, or after beginning to
work, carry on a vocation, or attend school in the new state. You must also
send written notice within 10 days of moving to the new state or to a foreign
country to the county sheriff with whom you last registered in Washington State.
5. Notification Requirement When Enrolling in or Employed by a Public or
Private Institution of Higher Education or Common School (K-12): If you are a
resident of Washington and you are admitted to a public or private institution
of higher education, you shall, within 10 days of enrolling or by the first
business day after arriving at the institution, whichever is earlier, notify
the sheriff of the county of your residence of your intent to attend the
institution. If you become employed at a public or private institution of
higher education, You are required to notify the sheriff for the county of
your residence of your employment by the institution within 10 days of
accepting employment or by the first business day after beginning to work at
the institution, whichever is earlier. If your enrollment or employment at a
public or private institution of higher education is terminated, you are
required to notify the sheriff for the county of your residence of your
termination of enrollment or employment within 10 days of such termination. If
you attend, or plan to attend, a public or private school regulated under Title
28A RCW or chapter 72.40 RCW, you are required to notify the sheriff of the
county of your residence of your intent to attend the school. You must notify
the sheriff within 10 days of enrolling or 10 days prior to arriving at the
school to attend classes, whichever is earlier. The sheriff shall promptly
notify the principal of the school.
6. Registration by a Person Who Does Not Have a Fixed Residence: Even if you
do not have a fixed residence, you are required to register. Registration
must occur within 24 hours of release in the county where you are being
supervised if you not have a residence at the time of your release from
custody. Within 48 hours, excluding weekends and holidays, after losing your
fixed residence, you must send signed written notice to the sheriff of the
county where you last registered. If you enter a different county and stay
there for more than 24 hours, you will be required to register in the new
county. You must also report in person to the sheriff of the county where you
are registered on a weekly basis. The weekly report will be on a day specified
by the county sheriff's office, and shall occur during normal business hours.
You may be required to provide a list of the locations where you have stayed
during the last seven days. The lack of a fixed residence is a factor that may
be considered in determining a sex offender's risk level and shall make you
subject to disclosure to the public at large pursuant to RCW 4.24.550.
7. Reporting Requirements for Persons Who Are Risk Level II or III: If you
have a fixed residence and you are designated as a risk level II or III, you
must report, in person, every 90 days to the sheriff of the county where you
are registered. Reporting shall be on a day specified by the county sheriff's
office, and shall occur during normal business hours. If you comply with the
90-day reporting requirement with no violations for at least five years in the
community, you may petition the superior court to be relieved of the duty to
report every 90 days.
8. Application for a Name Change: If you apply for a name change, you must
submit a copy of the application to the county sheriff of the county of your
residence and to the state patrol not fewer than five days before the entry of
an order granting the name change. If you receive an order changing your name,
you must submit a copy of the order to the county sheriff of the county of your
residence and to the state patrol within five days of the entry of the order.
RCW 9A.44.130(7).
The warning regarding firearms has been read to the defendant.
DATED:
__________________________
Judge/Commissioner/Pro Tem
_____________________________
Defendant's Signature
Defendant's Last Name First Name Middle Name
_______________________________________________________________
List any aliases
_______________________________________________________________
Residential Street Address City State Zip
_______________________________________________________________
Date of Birth (month/date/year) Driver's License/ID Number
_______________________________________________________________
Race __________ Sex _______ Weight _______ Height ______
Eyes _________ Hair _________
Court NCIC # ___________________________________
Submit to: Dept. of Licensing, Business & Professions Firearms Unit,
PO Box 9649, Olympia, WA 98507-9649
(3) Record. A verbatim record of the notice of verdict return proceedings
shall be made. The clerk of the court shall forward a copy of the notice of
firearm disability to the Department of Licensing, Business & Professions Firearms Unit.
RULE 7.1
(RESERVED)
RULE CrRLJ 7.2
SENTENCING
(a) Generally. The court shall state the precise terms of the
sentence, which shall include credit for all time spent in custody
in connection with the offense.
(b) Procedure at Time of Sentencing. The court shall,
immediately after sentencing, unless the judgment and sentence are
based on a plea of guilty, advise the defendant: (1) of the right to
appeal the conviction pursuant to the RALJ or CrRLJ 9.1; (2) that
unless a notice of appeal is filed in the court of limited
jurisdiction within 30 days after the entry of the judgment and
sentence or order appealed from, the right to appeal is waived; (3)
that the notice of appeal must be served on all other parties; (4)
that the court clerk will, if requested by the defendant appearing
without a lawyer, supply a notice of appeal form; (5) of the
defendant's right to a lawyer on appeal, and, if unable to pay the
costs thereof, to have a lawyer appointed and portions of the trial
record necessary for review prepared at public expense for an
appeal; and (6) of the time limits on the right to collateral attack
imposed by RCW 10.73.090 and .100. These proceedings shall be made a
part of the record.
(c) Sentence. Before imposing sentence, the court shall afford
the defendant, and the prosecuting authority, an opportunity to make
a statement and to present information in extenuation, mitigation,
or aggravation of punishment.
(d) Record. A record of the sentencing proceedings shall be
made. The sentencing and judgment records of the courts of limited
jurisdiction shall be preserved in perpetuity, either in an
electronic or hard copy format. "Hard copy format" may include
microfilm, microfiche, or a paper copy. The record of the sentencing
proceedings shall be prima facie evidence of a valid conviction in
subsequent proceedings in courts of limited jurisdiction and in
superior court.
(e) Judgment and Sentence.
(1) An electronic judgment and sentence shall be prescribed by
the Administrator for the Courts in conjunction with the Judicial
Information System Committee (JISC).
(2) A non-electronic judgment and sentence form shall be
prescribed by the Administrator for the Courts in conjunction with
the Supreme Court Pattern Forms Committee.
(3) Notwithstanding any other statute or rule to the contrary,
each judgment and sentence form, either electronic or hard copy,
shall be preserved by the court in perpetuity.
[Amended effective September 1, 1991; September 1, 1995; June 4, 1997.]
RULE CrRLJ 7.3
JUDGMENT
A judgment of conviction shall set forth whether the defendant was
represented by a lawyer or waived representation by a lawyer, the plea, the
verdict or findings, and the adjudication and sentence. The court may order
that its sentence include special conditions or requirements, including a
specified schedule for the payment of a fine, restitution, or other costs, or
the performance of community service. If the defendant is found not guilty or
for any other reason is entitled to be discharged, judgment shall be entered
accordingly. The judge or clerk shall enter the judgment on the record. The
judgment and record of the sentencing proceedings of the courts of limited
jurisdiction shall be preserved in perpetuity, either in an electronic or hard
copy format. "Hard copy format" may include microfilm, microfiche, or a paper
copy. At a minimum, the judgment and record of the sentencing proceedings shall include:
(a) Defendant's name;
(b) Defendant's ID numbers;
(c) Citation to the statute or ordinance, including subsections,
under which the defendant was sentenced;
(d) Identification of any charge to which the defendant pled guilty or
was found guilty that is a crime of domestic violence under state law;
(e) Arraignment date;
(f) The plea, and the date entered;
(g) Representation by or waiver of lawyer, as well as date of lawyer's
appearance or waiver;
(h) The parties present, including but not limited to the judge,
attorneys, prosecutor, defense counsel, witnesses;
(i) Verdict or findings, and the date entered;
(j) Adjudication and sentence, and the date entered;
(k) Conditions or requirements of the sentence, including but not limited
to a specified schedule for the payment of a fine, restitution,
or other costs, performance of community service, counseling or treatment;
(l) The outcomes of any hearings held on the case, including but not limited
to noncompliance hearings, reviews.
The judgment and record of the sentencing proceedings shall be prima facie
evidence of a valid conviction in subsequent proceedings in courts of limited
jurisdiction and in superior court.
[Amended effective June 4, 1997; amended effective Dec. 2010.]
RULE 7.4
ARREST OF JUDGMENT
(a) Arrest of Judgment. Judgment may be arrested on the motion of the
defendant for the following causes: (1) lack of jurisdiction of the person
or offense; (2) the complaint or citation and notice does not charge a
crime; or (3) insufficiency of the proof of a material element of the
crime.
(b) Time for Motion; Contents of Motion. A motion for arrest of
judgment must be served and filed within 5 days after the verdict or
decision. The motion for arrest of judgment shall identify the specific
reasons in fact and law for each ground on which the motion is based.
(c) New Charges After Arrest of Judgment. When judgment is arrested and
there is reasonable ground to believe that the defendant can be convicted
of an offense properly charged, the court may order the defendant to be
recommitted or released to answer a new complaint or citation and notice.
If judgment was arrested because there was no proof of a material element
of the crime the defendant shall be discharged.
(d) Rulings on Alternative Motions in Arrest of Judgment or for a New
Trial. Whenever a motion in arrest of a judgment and, in the alternative,
for a new trial is filed and submitted in any criminal cause tried before a
jury, and the court enters an order granting the motion in arrest of
judgment, the court shall, at the same time, in the alternative, pass upon
and decide in the same order the motion for a new trial. The ruling upon
the motion for a new trial shall not become effective unless and until the
order granting the motion in arrest of judgment is reversed, vacated, or
set aside in the manner provided by law.
RULE 7.5
NEW TRIAL
(a) Grounds for New Trial. The court may, on its own motion or on
motion of the defendant, grant a new trial for any one of the following
causes when it affirmatively appears that a substantial right of the
defendant was materially affected:
(1) Receipt by the jury of any evidence, paper, document or book not
allowed by the court;
(2) Misconduct of the prosecution or jury;
(3) Newly discovered evidence material for the defendant, which the
defendant could not have discovered with reasonable diligence and produced
at the trial;
(4) Accident or surprise;
(5) Irregularity in the proceedings of the court, jury or prosecution,
or any order of court, or abuse of discretion, by which the defendant was
prevented from having a fair trial;
(6) Error of law occurring at the trial and objected to at the time by
the defendant;
(7) That the verdict or decision is contrary to law and the evidence;
(8) That substantial justice has not been done. When the motion is
based on matters outside the record, the facts shall be shown by affidavit.
(b) Time for Motion; Contents of Motion. A motion for new trial must be
served and filed within 5 days after the verdict or decision. The motion
for a new trial shall identify the specific reasons in fact and law for
each ground on which the motion is based.
(c) Time for Affidavits. When a motion for a new trial is based upon
affidavits they shall be served with the motion. The prosecuting authority
has 5 days after such service within which to serve opposing affidavits.
The court may extend the period for submitting affidavits to a time certain
for good cause shown or upon stipulation.
(d) Statement of Reasons. In all cases where the court grants a motion
for a new trial, it shall, in the order granting the motion, state whether
the order is based upon the record or upon facts and circumstances outside
the record which cannot be made a part thereof. If the order is based upon
the record, the court shall give definite reasons of law and fact for its
order. If the order is based upon matters outside the record, the court
shall state the facts and circumstances upon which it relied.
RULE 7.6
PROBATION
(a) Probation. After conviction of an offense the defendant may be
placed on probation as provided by law.
(b) Revocation or Modification of Probation. The court shall not revoke
or modify probation except (1) after a hearing in which the defendant shall
be present and apprised of the grounds on which such action is proposed, or
(2) upon stipulation of the parties. The defendant is entitled to be
represented by a lawyer and may be released pursuant to rule 3.2 pending
such hearing. A lawyer shall be appointed for a defendant financially
unable to obtain one.
RULE 7.7
(RESERVED)
RULE 7.8
RELIEF FROM JUDGMENT OR ORDER
(a) Clerical Mistakes. Clerical mistakes in judgments, orders or other
parts of the record and errors therein arising from oversight or omission
may be corrected by the court at any time of its own initiative or on the
motion of any party and after such notice, if any, as the court orders.
Such mistakes may be so corrected before review is accepted by the superior
court and thereafter may be corrected by order of the superior court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered
Evidence; Fraud; etc. On motion and upon such terms as are just, the court
may relieve a party from a final judgment, order, or proceeding for the
following reasons:
(1)Mistakes, inadvertence, surprise, excusable neglect or irregularity
in obtaining a judgment or order;
(2) Newly discovered evidence which by due diligence could not have
been discovered in time to move for a new trial under rule 7.5;
(3) Fraud (whether heretofore denominated intrinsic or extrinsic),
misrepresentation, or other misconduct of an adverse party;
(4) The judgment is void; or
(5) Any other reason justifying relief from the operation of the
judgment.
The motion shall be made within a reasonable time and for reasons (1)
and (2) not more than 1 year after the judgment, order, or proceeding was
entered or taken, and is further subject to RCW 10.73.090, .100, .130, and
.140. A motion under this section does not affect the finality of the
judgment or suspend its operation.
(c) Procedure on Vacation of Judgment.
(1) Motion. Application shall be made by motion stating the grounds
upon which relief is asked, and supported by affidavits setting forth a
concise statement of the facts or errors upon which the motion is based.
(2) Initial Consideration. The court may deny the motion without a
hearing if the facts alleged in the affidavits do not establish grounds for
relief. Otherwise, the court shall enter an order fixing a time and place
for hearing and directing the adverse party to appear and show cause why
the relief asked for should not be granted.
RULE 8.1
TIME
(a) Computation. Time shall be computed in accordance with CRLJ 6(a).
(b) Enlargement. When by these rules or by a notice given thereunder or
by order of court an act is required or allowed to be done at or within a
specified time, the court for cause shown may at any time in its
discretion, (1) with or without motion or notice, order the period
enlarged if request therefor is made before the expiration of the period
originally prescribed or as extended by a previous order or, (2) upon
motion made after the expiration of the specified period, permit the act to
be done where the failure to act was the result of excusable neglect. The
court may not extend the time for taking any actions under rules 7.4, 7.5,
7.8, and 9.1.
(c) For Motions--Affidavits. A written motion, other than one which may
be heard ex parte, and notice of the hearing thereof shall be served not
later than 5 days before the time specified for the hearing, unless a
different period is fixed by these rules or by order of the court. Such an
order may for cause shown be made on ex parte application. When a motion is
supported by affidavit, the affidavit shall be served with the motion;
except as otherwise provided in rule 7.5, opposing affidavits may be served
not later than 1 day before the hearing, unless the court permits them to
be served at some other time.
RULE 8.2
MOTIONS
Rules 3.5 and 3.6 and CRLJ 7(b) shall govern motions in criminal cases.
CrRLJ 8.3
DISMISSAL
(a) On Motion of Prosecution. The court may, in its discretion, upon motion
of the prosecuting authority setting forth the reasons therefor, dismiss a
complaint or citation and notice.
(b) On Motion of Court. The court, in the furtherance of justice after
notice and hearing, may dismiss any criminal prosecution due to arbitrary
action or governmental misconduct when there has been prejudice to the rights
of the accused which materially affect the accused's right to a fair trial. The
court shall set forth its reasons in a written order.
(c) On Motion of Defendant for Pretrial Dismissal. The defendant may,
prior to trial, move to dismiss a criminal charge due to insufficient evidence
establishing a prima facie case of the crime charged.
(1) The defendant's motion shall be in writing and supported by an
affidavit or declaration alleging that there are no material disputed facts and
setting out the agreed facts, or by a stipulation to facts by both parties. The
stipulation, affidavit or declaration may attach and incorporate police
reports, witness statements or other material to be considered by the court
when deciding the motion to dismiss. Any attached reports shall be redacted if
required under the relevant court rules and statutes.
(2) The prosecuting authority may submit affidavits or declarations in
opposition to defendant's supporting affidavits or declarations. The affidavits
or declarations may attach and incorporate police reports, witness statements
or other material to be considered by the court when deciding defendant's
motion to dismiss. Any attached reports shall be redacted if required under the
relevant court rules and statutes.
(3) The court shall grant the motion if there are no material disputed
facts and the undisputed facts do not establish a prima facie case of guilt. In
determining defendant's motion, the court shall view all evidence in the light
most favorable to the prosecuting authority and the court shall make all
reasonable inferences in the light most favorable to the prosecuting authority.
The court may not weigh conflicting statements and base its decision on the
statement it finds the most credible. The court shall not dismiss a sentence
enhancement or aggravating circumstance unless the underlying charge is subject
to dismissal under this section. A decision denying a motion to dismiss under
this rule is not subject to appeal under RALJ 2.2. A defendant may renew the
motion to dismiss if the trial court subsequently rules that some or all of the
prosecuting authority's evidence is inadmissible.
(4) If the defendant's motion to dismiss is granted, the court shall enter
a written order setting forth the evidence relied upon and conclusions of law.
The granting of defendant's motion to dismiss shall be without prejudice.
[Amended effective September 1, 1995; September 1, 2008.]
RULE 8.4
SERVICE, FILING, AND SIGNING OF PAPERS
(a) Service: When Required. Except as otherwise provided in these
rules, every order required by its terms to be served, every pleading
subsequent to the original complaint or citation and notice, every paper
relating to discovery required to be served upon a party unless the court
otherwise orders, every written motion other than one which may be heard ex
parte, and every written notice, appearance, demand, application,
designation of record on appeal, and similar paper shall be served upon
each of the parties.
(b) Service: How Made.
(1) On Lawyer or Party. Whenever under these rules service is required
or permitted to be made upon a party represented by a lawyer the service
shall be made upon the lawyer unless service upon the party is ordered by
the court. Service upon the lawyer or upon a party shall be made by
delivering a copy to the person or by mailing it to the persons last known
address. Delivery of a copy within this rule means: handing it to the
lawyer or to the party; or leaving it at the persons office with a clerk or
other person in charge thereof; or, if there is no one in charge, leaving
it in a conspicuous place therein; or, if the office is closed or the
person to be served has no office, leaving it at the persons dwelling house
or usual place of abode with some person of suitable age and discretion
then residing therein.
(2) Service by Mail.
(i) How Made. CRLJ 5(b)(2)(i) shall govern service by mail.
(ii) Proof of Service by Mail. Proof of service by mail may be by
affidavit or certification, under RCW 9A.72.085 or any law amendatory
thereof, of the person who mailed the papers, or by written acknowledgment
of service.
(c) Filing With Court. The complaint or citation and notice shall be
filed as in rule 2.1. All other pleadings required to be served upon a
party shall be filed with the court pursuant to CRLJ 5(e).
(d) Bar Association Membership Number. All pleadings, motions, and
legal memoranda signed by an attorney shall include the attorneys
Washington State Bar Association membership number in the signature block.
(e) Filing by Facsimile. (Reserved. See GR 17--Facsimile Transmission.)
RULE 8.5
(RESERVED)
RULE 8.6
OBJECTIONS AND EXCEPTIONS
CRLJ 46 shall govern objections and exceptions to rulings and orders in
criminal cases.
RULE 8.7
(RESERVED)
RULE 8.8
DISCHARGE
Upon acquittal, or whenever the court shall direct any criminal
prosecution to be dismissed, the defendant shall be released from custody
or conditions of release on such charge and any bail shall be exonerated.
RULE 8.9
DISQUALIFICATION OF JUDGE
(a) Disqualification. In any case pending in any court of limited
jurisdiction, unless otherwise provided by law, the judge thereof shall be
deemed disqualified to hear and try the case when the judge is in any way
interested or prejudiced. The judge may enter an order of disqualification.
(b) Affidavit of Prejudice. The judge shall also enter an order of
disqualification under the provisions of this rule if, before the judge
makes a discretionary ruling and before the trial is commenced, a party
files an affidavit alleging that the party cannot have a fair and impartial
trial by reason of the interest or prejudice of the judge or for other
ground provided by law. Only one such affidavit shall be filed on behalf of
the same party in the case and the affidavit shall be made as to only one
of the judges of the court. All rights to an affidavit of prejudice will be
considered waived when filed more than 10 days after the defendant's plea
is entered or arraignment is waived, unless the affidavit alleges a
particular incident, conversation or utterance by the judge, which was not
known to the party within the 10-day period. In multiple judge courts, or
when a pro tempore or visiting judge is designated as the judge, the 10-day
period shall commence on the date that the party has actual notice of
assignment or reassignment to a designated judge.
(c) Transfer. Whenever a judge is disqualified, the judge shall
immediately make an order transferring and removing the case to another
judge authorized by law to hear the case.
RULE 8.10
CLOSURE OF PROCEEDINGS AND SEALING
OF RECORDS
(a) Proceedings and Records To Be Open. Court proceedings shall be open
to the public, and court records denominated public records under ARLJ 9
shall be available for public inspection, unless the court orders closure
or sealing, or other restrictions, pursuant to this rule.
(b) Grounds for Closure or Sealing Before Charges Filed. Before charges
are filed, the court may order proceedings closed or records sealed only
upon a showing that
(1) There is a likelihood of jeopardy to an accused's right to a fair
trial; or
(2) There exists a substantial threat to effective law enforcement; or
(3) There exists a substantial threat to the privacy or safety of an
individual; or
(4) For other good cause shown; and that there are no less restrictive
means available to protect the interest threatened.
(c) Grounds for Closure or Sealing After Charges Filed. After charges
are filed, the court may order proceedings closed or records sealed only
upon a showing that
(1) There is a substantial probability of jeopardy to an accused's
right to a fair trial; or
(2) There exists a serious and imminent threat to effective law
enforcement; or
(3) There exists a serious and imminent threat to the privacy or safety
of an individual; or
(4) For other good cause shown; and that there are no less restrictive
means available to protect the interest threatened.
(d) Determination. Upon motion and supporting affidavit, the court
shall determine whether a proceeding should be closed or records sealed.
(1) The proponent shall state the grounds for the motion with
reasonable specificity, consistent with the protection of the interest
threatened. Any person present when the motion is made shall be given an
opportunity to object to the proposed restriction.
(2) If the motion is made upon grounds set forth in (b)(1) or (c)(1),
any person objecting to closure or sealing shall have the burden of
suggesting effective alternatives. Otherwise, the proponent shall have the
burden of showing that restrictions are necessary.
(e) Order of Closure or Sealing. Upon determining that a proceeding
should be closed or records sealed, the court shall promptly thereafter
prepare
(1) A transcript of any in camera proceedings; and
(2) An order of closure or sealing; and
(3) Written findings of fact and conclusions of law setting forth with
specificity the courts consideration of the issues, including alternative
methods suggested. If the order involves the sealing of records, it shall
apply for a specific time period and require the proponent to come before
the court at a time specified in the order to justify continued sealing.
(f) Other Order. If the court determines that there exists an
alternative less restrictive than closure or sealing which will protect the
threatened interest, it may issue an appropriate order and shall thereafter
prepare the documents specified in section (e).
(g) Exclusion of Witness. This rule shall not apply to circumstances
governed by ER 615.
(h) Discovery. This rule shall not apply to discovery procedures
governed by rule 4.7.
(i) Disclosure Procedure. Reserved. See ARLJ 9.
RULE 8.11
DISCLOSURE OF RECORDS
Disclosure of records of courts of limited jurisdiction shall be
governed by ARLJ 9 and by RCW 10.97.
CrRLJ 8.12
REPORTING TRAFFIC OFFENSES
The court shall upon entry of bail forfeiture or entry of judgment
of guilty of a criminal traffic offense forward to the Department of
Licensing a copy of the complaint or citation and notice to appear and
an abstract of the courts order.
[Adopted effective September 1, 1987; November 21, 2006.]
RULE 9.1
PERFECTING OF APPEAL
(a) Scope of Rule. This rule applies only to proceedings which are not
subject to appellate review under the Rules for Appeal of Decisions of
Courts of Limited Jurisdiction. The proceedings to which those rules apply
are defined by RALJ 1.1.
(b) Venue. Appeals shall be to the superior court of the county in
which the court of limited jurisdiction is located. The appeal from a
district court located in a joint district court district shall be made to
the superior court of the county where the offense was alleged to have been
committed.
(c) Notice of Appeal. The appeal shall be taken by filing in the court
of limited jurisdiction that entered the decision a written notice of
appeal containing the address of the appellant and the appellant's lawyer
within 30 days after entry of judgment. If a motion for a new trial or for
arrest of judgment has been timely made, the notice of appeal shall be
filed within 30 days after entry of the order denying the motion. The clerk
of the court of limited jurisdiction shall immediately upon the filing of a
notice of appeal file a copy of the notice with the superior court. Filing
the notice of appeal is the only jurisdictional requirement for an appeal.
A party filing a notice of appeal shall also, within the same 30 days,
serve a copy of the notice of appeal upon the prosecuting authority. An
acknowledgment or affidavit of service shall be filed in the court of
limited jurisdiction.
(d) The Record. Within 14 days after the filing of the notice of
appeal, the clerk of the court of limited jurisdiction shall file with the
clerk of the superior court in which the appeal is pending a transcript
duly certified by the court of limited jurisdiction, furnished without
charge, containing a copy of all written pleadings and docket entries and
including exhibits introduced into evidence in the trial before the court
of limited jurisdiction. A cash bail or bail bond filed in the lower court
shall at the same time be transferred to the superior court, there to be
held pending disposition of the appeal. Evidence not offered in trial in
the superior court shall be returned to the court of limited jurisdiction.
(e) Notice of Filing. The court of limited jurisdiction shall give
prompt notice of the filing or mailing of the transcript to the respondent
and appellant, giving such particulars as date of filing or mailing and
superior court file number if known. Where the court of limited
jurisdiction is not located at the county courthouse, such filing may be
made by certified mail, in which case the court of limited jurisdiction
shall advise appellant and respondent of the date of mailing.
(f) Noting for Trial. Within 21 days after the transcript is filed, the
superior court shall set a trial date and notify the parties of the date.
(Amended September 1, 1996)
RULE 9.2
IMPOSITION OF SENTENCE PENDING APPEAL
(a) Scope of Rule. This rule applies only to proceedings which are not
subject to appellate review under the Rules for Appeal of Decisions of
Courts of Limited Jurisdiction. The proceedings to which those rules apply
are defined by RALJ 1.1.
(b) Stay of Sentence. All sentences shall be stayed if an appeal is
taken and the defendant posts cash bail or a bond to the state which shall
be deposited with the clerk of the court of limited jurisdiction, in such
reasonable sum with sureties as the lower court judge may require, upon the
following conditions: that the defendant will diligently prosecute the
appeal, and will appear at the court appealed to and comply with any
sentence of the superior court, and will, if the appeal is dismissed for
any reason, comply with the sentence of the lower court.
(c) Imposition of Sentence. If the appellant fails to provide security,
sentence imposed shall be executed.
RULE 9.3
PROSECUTION OF APPEAL
(a) Scope of Rule. This rule applies only to proceedings which are not
subject to appellate review under the Rules for Appeal of Decisions of
Courts of Limited Jurisdiction. The proceedings to which those rules apply
are defined by RALJ 1.1.
(b) Failure To Certify Transcript. If the lower court fails, neglects
or refuses to make and certify the transcript within the time allowed, the
appellant may make application to the superior court not later than 21 days
after the filing of the notice of appeal and the superior court shall issue
an order to make and certify the transcript.
(c) Dismissal for Want of Prosecution. Upon dismissal of the appeal for
failure of appellant to proceed diligently with the appeal as required, or
for any other cause, the judgment of the lower court shall be enforced by
the judge thereof. If, at the time of such dismissal, cash deposit or
appeal bond as required has been furnished and is in the custody of the
superior court, the same shall be returned to the lower court. The lower
court shall have power to forfeit the cash bail or appeal bond and issue
execution thereon for breach of any condition under which it is furnished.
(d) Dismissal on Clerks Motion. In all appeals from courts of limited
jurisdiction wherein there has been no action of record during the 90 days
just past, the clerk of the superior court shall mail notice to the
appellant and the lawyers at the addresses contained in the notice of
appeal that such appeal will be dismissed by the court for want of
prosecution unless, within 30 days following such mailing, an application
in writing is made to the court and good cause shown why it should be
continued as a pending case. If the appeal is dismissed, the clerk of the
court will proceed as in section (c).
INFRACTION RULES FOR COURTS OF LIMITED
JURISDICTION (IRLJ)
TABLE OF RULES
TITLE 1
GENERAL PROVISIONS
Rule
1.1 Scope and Purpose of Rules
1.2 Definitions
1.3 Local Court Rules
TITLE 2
PRELIMINARY PROCEEDINGS
2.1 Notice of Infraction
2.2 Initiation of Infraction Cases
2.3 Venue
2.4 Response to Notice
2.5 Failure To Respond
2.6 Scheduling of Hearings
TITLE 3
PROCEDURE AT HEARINGS
3.1 Contested Hearings--Preliminary Proceedings
3.2 Failure To Appear
3.3 Procedure at Contested Hearing
3.4 Hearing on Mitigating Circumstances
3.5 Decision on Written Statements (Local Option)
TITLE 4
DISPOSITION PROCEDURES
4.1 Notification to Department of Licensing of Traffic Infraction
4.2 Failure to Pay or Complete Community Restitution for Traffic Infraction
TITLE 5
APPEALS
5.1 What Orders May Be Appealed
5.2 Appeal to Superior Court
TITLE 6
MISCELLANEOUS PROVISIONS
6.1 Time
6.2 Monetary Penalty Schedule for Traffic Infractions
6.3 Title and Citation of Rules
6.4 Effective Date
6.5 Rules Superseded
6.6 Speed Measuring Device: Design and Construction Certification
6.7 Relief From Judgment
RULE 1.1
SCOPE AND PURPOSE OF RULES
(a) Scope of Rules. These rules govern the procedure in courts of
limited jurisdiction for all cases involving "infractions". Infractions are
noncriminal violations of law defined by statute.
(b) Purpose. These rules shall be construed to secure the just, speedy,
and inexpensive determination of every infraction case.
(c) Effect of Other Law. These rules supersede all conflicting rules
and statutes covering procedure for infractions unless a rule indicates a
statute or rule controls. Provisions of statute or rule not inconsistent
with these rules shall remain in effect.
IRLJ
Rule 1.2
DEFINITIONS
For the purposes of these rules:
(a) Infraction Case. "Infraction case" means a civil
proceeding initiated in a court of limited jurisdiction pursuant
to a statute that authorizes offenses to be punished as infractions.
(b) Notice of Infraction. "Notice of infraction" means a
document initiating an infraction case when issued and filed
pursuant to statute and these rules.
(c) Defendant. "Defendant" means a person cited for an
infraction, a registered owner of a vehicle cited for a parking
infraction, or the person who responds to the parking infraction
or the requests of a hearing.
(d) Court. "Court" means a court of limited
jurisdiction organized pursuant to RCW Title 3, RCW Title 35, or
RCW Title 35A.
(e) Judgment. "Judgment" means any final decision in an
infraction case, including, but not limited to, a finding entered
after a hearing governed by these rules or after payment of a
monetary penalty in lieu of a hearing.
(f) Plaintiff. "Plaintiff" means the governmental unit
issuing the notice of infraction, including, but not limited to,
the state, a county, or a municipality.
(g) Department. "Department" means the Washington State
Department of Licensing.
(h) Lawyer. "Lawyer" means any person authorized by Supreme
Court rule to practice law.
(i) Statute. "Statute" means any state statute, local or
county ordinance, resolution, or regulation, or agency
regulation.
(j) Citing Officer. "Citing officer" means a law enforcement
officer or other official authorized by law to issue a notice of infraction.
(k) Prosecuting Authority. "Prosecuting authority" includes
prosecuting attorneys, city attorneys, corporation counsel, and
their deputies and assistants, or such other persons as may be
designated by statute.
(l) Judge. "Judge" means any judge of any court of limited
jurisdiction and shall include every judicial officer authorized
to preside over infraction cases.
(m) Community Restitution. "Community restitution" means
compulsory service, without compensation, performed for the
benefit of the community by the defendant.
[Adopted effective September 1, 1992; amended effective June 2, 1998;
amended effective January 3, 2006.]
RULE 1.3
LOCAL COURT RULES
(a) Adoption. Each court may adopt special infraction rules not
inconsistent with these general rules.
(b) Format. The numbering system and format of local rules shall
conform to these rules.
(c) Filing. Local rules become effective only after they are filed with
the Administrator for the Courts in accordance with GR 7.
IRLJ 2.1
NOTICE OF INFRACTION
(a) Infraction Form Prescribed or approved by the Administrative Office of the
Courts. Infraction cases shall be filed on a form entitled "Notice of
Infraction" prescribed by the Administrative Office of the Courts; except that
the form used to file cases alleging the commission of a parking, standing or
stopping infraction shall be approved by the Administrative Office of the
Courts. Notice of Infraction forms prescribed or approved by the Administrative
Office of the Courts are presumed valid and shall not be deemed insufficient by
reason of defects or imperfections which do not prejudice substantial rights of
the defendant.
(b) Contents. Subject to IRLJ 3.1(d), the notice of infraction shall contain
the following information on the copy given to the defendant, except the
information required by subsections (2) is not required on a notice of
infraction alleging the commission of a parking, standing, or stopping infraction:
(1) The name, address, and phone number of the court where the notice of
infraction is to be filed;
(2) The name, address, date of birth, sex, physical characteristics, and,
for a notice of traffic infraction, the operator's license number of the defendant;
(3) For a notice of traffic infraction, the vehicle make, year, model,
style, license number, and state in which licensed;
(4) The infraction which the defendant is alleged to have committed and
the accompanying statutory citation or ordinance number, the date, time, and
place the infraction occurred, the date the notice of infraction was issued,
and the name and, if applicable, the number of the citing officer;
(5) A statement that the defendant must respond to the notice of
infraction within 15 days of the date the notice is personally served or, if
the notice is served by mail, within 18 days of the date the notice is mailed.
(6) A space for entry of the monetary penalty which respondent may pay in
lieu of appearing in court;
(7) A statement that a mailed response must be mailed not later than
midnight on the day the response is due;
(8) The statements required by RCW 46.63.060 or other applicable statute; and
(9) Any additional information determined necessary by the Administrator
for the Courts.
[Adopted effective September 1, 1992; amended effective June 2, 1998; January
3, 2006; November 21, 2006; May 6, 2008; September, 2010; July 24, 2012]
RULE IRLJ 2.2
INITIATION OF INFRACTION CASES
(a) Generally. An infraction case is initiated by the
issuance, service, and filing of a notice of infraction in
accordance with this rule. An infraction is issued on the date
the infraction is signed by the citing officer or prosecuting authority.
(b) Who May Issue. A notice of infraction may be issued, upon
certification that the issuer has probable cause to believe, and
does believe, that a person has committed an infraction contrary to law:
(1) By a citing officer. The infraction need not have been
committed in the officers presence, except as provided by statute;
(2) By the prosecuting authority.
(c) Service of Notice. A notice of infraction may be served either by:
(1) The citing officer serving the notice of infraction on
the person named in the notice of infraction at the time of issuance;
(2) The citing officer affixing to a vehicle in a conspicuous
place the notice of a traffic infraction if it alleges the
violation of a parking, standing, or stopping statute; or
(3) The citing officer or the prosecuting authority filing
the notice of infraction with the court, in which case the court
shall have the notice served either personally or by mail,
postage prepaid, on the person named in the notice of infraction
at his or her address. If a notice of infraction served by mail
is returned to the court as undeliverable, the court shall issue a summons.
(d) Filing of Notice. When a notice of infraction has been
issued, the notice shall be filed with a court having
jurisdiction over the infraction or with a violations bureau
subject to such courts supervision. The notice must be filed
within five days of issuance of the notice, excluding Saturdays,
Sundays, and holidays. In the absence of good cause shown, a
notice of infraction not filed within the time limits of this
section shall, upon motion, be dismissed with prejudice.
[Adopted as JTIR effective January 1, 1981; amended effective
September 1, 1989. Changed from JTIR to IRLJ effective September
1, 1992; amended effective September 1, 1997; September 1, 1999;
amended effective January 3, 2006.]
RULE 2.3
VENUE
Except as otherwise specifically provided by statute, an infraction
case shall be brought in the district court district or the municipality
where the infraction occurred. If a notice of infraction is filed in a
court which is not the proper venue, the notice shall be dismissed without
prejudice on motion of either party.
RULE IRLJ 2.4
RESPONSE TO NOTICE
(a) Generally. A person who has been served with a notice of
infraction must respond to the notice within 15 days of the date
the notice is personally served or, if the notice is served by
mail, within 18 days of the date the notice is mailed.
(b) Alternatives. A person may respond to a notice of infraction by:
(1) Paying the amount of the monetary penalty in accordance
with applicable law, in which case the court shall enter a
judgment that the defendant has committed the infraction;
(2) Contesting the determination that an infraction occurred
by requesting a hearing in accordance with applicable law;
(3) Requesting a hearing to explain mitigating circumstances
surrounding the commission of the infraction in accordance with
applicable law; or
(4) Submitting a written statement either contesting the
infraction or explaining mitigating circumstances, if this
alternative is authorized by local court rule. The statement
shall contain the person's promise to pay the monetary penalty
authorized by law if the infraction is found to be committed.
For contested hearing the statement shall be executed in
substantially the following form:
I hereby state as follows:
I promise that if it is determined that I committed the
infraction for which I was cited, I will pay the monetary
penalty authorized by law and assessed by the court.
I certify (or declare) under penalty of perjury under the
laws of the State of Washington that the foregoing is true
and correct.
______________________________ ______________________________
(Date and Place) (Signature)
I understand that if this form is submitted by e-mail, my
typed name on the signature line will qualify as my
signature for purposes of the above certification.)
For mitigation hearings, the statement shall be executed in
substantially the following form:
I hereby state as follows:
I promise to pay the monetary penalty authorized by law or,
at the discretion of the court, any reduced penalty that may
be set.
I certify (or declare) under penalty of perjury under the
laws of the State of Washington that the foregoing is true
and correct.
______________________________ ______________________________
(Date and Place) (Signature)
I understand that if this form is submitted by e-mail, my
typed name on the signature line will qualify as my
signature for purposes of the above certification.
(c) Method of Response. A person may respond to a notice of
infraction either personally, or if allowed by local rule by
mail or by e-mail. If the response is mailed or e-mailed, it must
be postmarked or e-mailed not later than midnight of the day the
response is due.
[Adopted effective September 1, 1992; amended effective January 3, 2006.]
RULE IRLJ 2.5
FAILURE TO RESPOND
If the defendant fails to respond to a notice of infraction,
the court shall enter an order finding that the defendant has
committed the infraction, shall assess any monetary penalties
provided for by law, and, in the case of a traffic infraction,
shall notify the Department of the defendants failure to respond
in accordance with RCW 46.20.270.
[Adopted effective September 1, 1992.]
RULE 2.6
SCHEDULING OF HEARINGS
(a) Contested Hearings.
(1) Except as provided in sections (1)(i) and (ii), upon
receipt of a response submitted pursuant to rule 2.4(b)(2), the
court shall schedule a hearing to determine whether the defendant
committed the infraction. The hearing shall be scheduled for not
less than 14 days from the date the written notice of hearing is
sent by the court, nor more than 120 days from the date of the
notice of infraction or the date a default judgment is set aside.
(i) If authorized by local court rule, a defendant who
requests a contested hearing may first be scheduled for a
prehearing conference, which shall be scheduled for not less than
14 days from the date the written notice of the hearing is sent
by the court nor more than 45 days from the date of the notice of
infraction or the date a default judgment is set aside, unless
otherwise agreed by the defendant in writing.
(ii) The prehearing conference may be waived by the defendant
in writing if the waiver is received by the court before the time
set for the prehearing conference. If the prehearing conference
is waived, the case will be set for contested hearing. The
contested hearing shall be scheduled for not more than 90 days
from the date of the prehearing conference or, if the prehearing
conference is waived, from the date the waiver of the prehearing
conference is received by the court.
(2) The court shall send the defendant written notice of the
time, place, and date of the hearing within 21 days of the
receipt of the request for a hearing. The notice of the hearing
shall also include statements advising the defendant of the
defendant's rights at the hearing, how the defendant may request
that witnesses be subpoenaed, and that failure to appear may be a
crime for which the defendant may be arrested, and, in a traffic
infraction case, the defendant's privilege to operate a motor
vehicle may be suspended. If a local rule is adopted implementing
sections (a)(1)(i) and (ii), the court shall advise the defendant
in the notice of the defendant's right to waive the prehearing conference.
(3) The court may schedule the hearing on a contested
infraction for the same time as the hearing on another infraction
alleged to have been committed by the defendant. The court may
schedule the hearing on a contested infraction for the same time
as the trial on a misdemeanor arising out of the same occurrence
as the infraction.
(4) The infraction may be dismissed upon a showing of
prejudice if the court does not send a defendant written notice
of a hearing within 21 days of receipt of the request for a hearing.
(b) Mitigation Hearings.
(1) Upon receipt of a response submitted pursuant to rule 2.4(b)(3)
the court shall schedule a hearing to determine whether
there were mitigating circumstances surrounding the commission of
the infraction. The hearing shall be scheduled for not less than
14 days from the date the written notice of hearing is sent by
the court, nor more than 120 days from the date of the notice of
infraction or the date a default judgment is set aside, unless
otherwise agreed by the defendant in writing.
(2) The court shall send the defendant written notice of the
time, place, and date of the hearing within 21 days of the
request for a hearing. The notice shall also include statements
advising the defendant of the defendant's rights at the hearing
and stating that failure to appear may be a crime for which the
defendant may be arrested, and, in a traffic infraction case, the
defendant's privilege to operate a motor vehicle may be suspended.
(3) The court may schedule the mitigation hearing for the
same time as the mitigation hearing on another infraction alleged
to have been committed by the defendant.
(c) Decisions on Written Statements. If the court has adopted
a local rule authorizing decisions on written statements
submitted by mail, or e-mail, it shall, upon receipt of a
statement pursuant to rule 2.4(b)(4), consider the case in
accordance with rule 3.5. The requirements of GR 30.5 are not
applicable to e-mail statements submitted pursuant to rule
2.4(b)(4). The court is not required to notify the parties of a
date for the examination of the statements.
(d) Objection to Hearing Date. A defendant who objects to the
hearing date set by the court upon the ground that it is not
within the time limits prescribed by this rule shall file with
the court and serve upon the prosecuting authority a written
motion for a speedy hearing date within 10 days after the notice
of hearing is mailed or otherwise given to the defendant. Failure
of a party, for any reason, to make such a motion shall be a
waiver of the objection that a hearing commenced on such a date
is not within the time limits prescribed by this rule. The
written notice of the hearing date shall contain a copy of IRLJ 2.6(d).
(e) Time for Hearing; Effect of Delay or Continuances. A
motion for dismissal for the failure to hold a hearing within the
time period provided by this rule shall not be granted if the
failure to hold the hearing was attributable to the defendant or
the defendant's counsel.
(f) Dismissal With Prejudice. An infraction not brought to
hearing within the time period provided by this rule shall, upon
motion, be dismissed with prejudice.
(g) Change of Judge. The provisions of CRLJ 40(f) apply.
[Adopted as JTIR effective January 1, 1981; amended effective
September 1, 1989. Changed from JTIR to IRLJ effective September 1, 1992;
amended effective September 1, 1997; September 1, 1998;
amended effective January 3, 2006.]
RULE IRLJ 3.1
CONTESTED HEARINGS--PRELIMINARY PROCEEDINGS
(a) Subpoena. The defendant and the prosecuting attorney may subpoena
witnesses necessary for the presentation of their respective cases. Witnesses
should be served at least 7 days before the hearing. The subpoena may be issued
by a judge, court commissioner, or clerk of the court or by a party's lawyer.
If a party's lawyer issues a subpoena, a copy shall be filed with the court and
with the office of the prosecuting authority assigned to the court in which the
infraction is filed on the same day it is sent out for service. A request that
an officer appear at a contested hearing pursuant to rule 3.3(c) shall be filed
on a separate pleading. A subpoena may be directed for service within their
jurisdiction to the sheriff of any county or any peace officer of any
municipality in the state in which the witness may be or it may be served as
provided in CR 45(c), or it may be served by first-class mail, postage prepaid,
sent to the witnesses' last known address. Service by mail shall be deemed
complete upon the third day following the day upon which the subpoena was
placed in the mail. If the subpoena is for a witness outside the county, a
judge must approve of the subpoena.
(b) Discovery. Upon written demand of the defendant at least 14 days before
a contested hearing, filed with the court and served on the office of the
prosecuting authority assigned to the court in which the infraction is filed,
the prosecuting attorney shall at least 7 days before the hearing provide the
defendant or the defendant's lawyer with (1) a copy of the citing officer's
sworn statement (2) a copy of video or photographic evidence the prosecutor
proposes to introduce at trial, unless in reply to the discovery request the
prosecutor provides the address to a website where such evidence is accessible
to the defendant; and (3) the names of any witnesses not identified in the
citing officer's sworn statement. No other discovery shall be required. If
the prosecuting authority provides any portion of the discovery less than 7
days before the hearing, such untimely discovery shall be suppressed only upon
a showing of prejudice in the presentation of the defendant's case. If the
prosecuting authority, without reasonable excuse or justification, fails to
provide any portion of the discovery prior to the day of the hearing, the
portion of discovery not provided shall be suppressed. Neither party is
precluded from investigating the case, and neither party shall impede another
party's investigation. A request for discovery pursuant to this section shall
be filed on a separate pleading.
(c) Amendment of Notice. The court may permit a notice of infraction to be
amended at any time before judgment if no additional or different infraction is
charged, and if substantial rights of the defendant are not thereby prejudiced.
A continuance shall be granted if the defendant satisfies the court that the
additional time is needed to defend against the amended notice of infraction.
(d) Sufficiency. No notice of infraction shall be deemed insufficient for
failure to contain a definite statement of the essential facts constituting the
specific infraction which the defendant is alleged to have committed, nor by
reason of defects, imperfections or omissions which do not tend to prejudice
substantial rights of the defendant.
Adopted as JTIR effective January 1, 1981. Changed from JTIR to IRLJ effective
September 1, 1992; amended effective January 2, 1997; amended effective
January 3, 2006; January 2, 2007; amended effective September 1, 2010.]
RULE 3.2
FAILURE TO APPEAR
(a) Entry of Judgment. If the defendant fails to appear at a requested
hearing the court shall enter judgment against the defendant finding that
the defendant has committed the infraction and assessing against the
defendant any monetary penalties provided by law. A judgment upon a failure
to appear shall not be entered if it appears to the court from the papers
on file that the infraction case was brought in an improper court.
(b) Setting Aside Judgment Upon Failure To Appear. For good cause shown
and upon terms the court deems just, the court may set aside a judgment
entered upon a failure to appear in accordance with CRLJ 60(b).
RULE IRLJ 3.3
PROCEDURE AT CONTESTED HEARING
(a) Generally. The court shall conduct the hearing for
contesting the notice of infraction on the record in accordance
with applicable law.
(b) Representation by Lawyer. At a contested hearing, the
plaintiff shall be represented by a lawyer representative of the
prosecuting authority when prescribed by local court rule. The
defendant may be represented by a lawyer.
(c) Rules of Evidence. The Rules of Evidence and statutes
that relate to evidence in infraction cases shall apply to
contested hearings. The court may consider the notice of
infraction and any other written report made under oath submitted
by the officer who issued the notice or whose written statement
was the basis for the issuance of the notice in lieu of the
officer's personal appearance at the hearing, unless the
defendant has caused the officer to be served with a subpoena to
appear in accordance with instructions from the court issued
pursuant to rule 2.6(a)(2).
(d) Factual Determination. The court shall determine whether
the plaintiff has proved by a preponderance of the evidence that
the defendant committed the infraction. If the court finds the
infraction was committed, it shall enter an appropriate order on
its records. If the court finds the infraction was not committed,
it shall enter an order dismissing the case.
(e) Disposition. If the court determines that the infraction
has been committed, it may assess a monetary penalty against the
defendant. The monetary penalty assessed may not exceed the
monetary penalty provided for the infraction by law. The court
may waive or suspend a portion of the monetary penalty, or
provide for time payments, or in lieu of monetary payment provide
for the performance of community restitution as provided by law.
The court has continuing jurisdiction and authority to supervise
disposition for not more than 1 year.
[Adopted as JTIR effective January 1, 1981; amended effective
March 20, 1981. Changed from JTIR to IRLJ effective September 1, 1992;
amended effective September 1, 1997; amended effective
January 3, 2006.]
RULE IRLJ 3.4
HEARING ON MITIGATING CIRCUMSTANCES
(a) Generally. The court shall conduct the hearing concerning
mitigating circumstances in accordance with applicable law.
(b) Procedure at Hearing. The court shall hold an informal
hearing which shall not be governed by the Rules of Evidence.
Subject to the other provisions of these rules, all relevant
evidence is admissible which, in the opinion of the judge, is the
best evidence reasonably obtainable, having due regard for its
necessity, availability and trustworthiness. The plaintiff and
the defendant may each be represented by a lawyer. The defendant
may present witnesses, but they may not be compelled to attend.
(c) Disposition. The court shall determine whether the
defendants explanation of the events justifies reduction of the
monetary penalty. The court shall enter an order finding the
defendant committed the infraction and may assess a monetary
penalty. The court may not impose a penalty in excess of the
monetary penalty provided for the infraction by law. The court
may waive or suspend a portion of the monetary penalty, or
provide for time payments, or in lieu of monetary payment provide
for the performance of community restitution as provided by law.
The court has continuing jurisdiction and authority to supervise
disposition for not more than 1 year.
[Adopted effective September 1, 1992; amended effective January 3, 2006.]
RULE IRLJ 3.5
DECISION ON WRITTEN STATEMENTS
(Local Option)
(a) Contested Hearings. The court shall examine the citing
officer's report and any statement submitted by the defendant.
The examination shall take place within 120 days after the
defendant filed the response to the notice of infraction. The
examination may be held in chambers and shall not be governed by
the Rules of Evidence.
(1) Factual Determination. The court shall determine whether
the plaintiff has proved by a preponderance of all evidence
submitted that the defendant has committed the infraction.
(2) Disposition. If the court determines that the infraction
has been committed, it may assess a penalty in accordance with rule 3.3.
(3) Notice to Parties. The court shall notify the parties in
writing whether an infraction was found to have been committed
and what penalty, if any, was imposed.
(4) No Appeal Permitted. There shall be no appeal from a
decision on written statements.
(b) Mitigation Hearings. Mitigation hearings based upon
written statements may be held in chambers.
[Adopted as JTIR effective January 1, 1981. Changed from JTIR to
IRLJ effective September 1, 1992; amended effective September 1, 1997;
amended effective January 3, 2006.]
IRLJ 4.1
NOTIFICATION TO DEPARTMENT OF LICENSING
OF TRAFFIC INFRACTION
(a) Generally. Upon entry of judgment that a traffic infraction
was committed the court shall forward to the Department of Licensing a
copy of the notice of traffic infraction and an abstract of the courts
order. Courts may forward case disposition information to the
Department of Licensing via electronic means according to procedures
established by the Department and the Administrator for the Courts.
(b) Parking, Standing, Stopping, or Pedestrian Infractions. The
court shall not notify the Department of a parking, standing,
stopping, or pedestrian infraction, except as allowed by RCW 46.20.270(3).
(c) Notice to Department When Failure To Appear Set Aside. If a
judgment for a failure to appear in a traffic infraction case has been
set aside, the Department shall be notified that it has been set aside
and of the final disposition of the infraction upon entry of judgment.
[Adopted effective September 1, 1992; November 21, 2006.]
RULE IRLJ 4.2
FAILURE TO PAY OR COMPLETE COMMUNITY RESTITUTION
FOR TRAFFIC INFRACTION
(a) Failure To Pay or Complete Community Restitution. Unless
the traffic infraction is a parking, standing, stopping, or
pedestrian infraction, the court shall notify the Department
within 10 days:
(1) If the defendant fails to pay the monetary penalty
assessed after a hearing to contest the traffic infraction or a
hearing to explain mitigating circumstances, or after a decision
on written statements, if authorized by local court rule, or
(2) If the defendant fails to meet a time payment authorized
by the court or fails to complete community restitution approved
by the court.
(b) Notice to Department. The notice to the Department shall
be in the form prescribed by the Department.
(c) Removal of the Failure To Pay or Complete Community
Restitution. When the defendant has paid all monetary penalties
owing, including completion of community restitution, the court
shall notify the Department within 10 days of payment or of
completion of community restitution on a form prescribed by the
Department.
[Adopted effective September 1, 1992; amended effective January 3, 2006.]
RULE 5.1
WHAT ORDERS MAY BE APPEALED
A defendant may appeal a judgment entered after a contested hearing
finding that the defendant has committed the infraction. The plaintiff may
appeal a decision which in effect abates, discontinues, or determines the
case other than by a judgment that the defendant has not committed an
infraction. No other orders or judgments are appealable by either party.
RULE 5.2
APPEAL TO SUPERIOR COURT
An appeal from a court of limited jurisdiction is governed by the Rules
for Appeal of Decisions of Courts of Limited Jurisdiction. Under RALJ 1.1
the appeal from some courts is an appeal for error on the record, and the
appeal from other courts is conducted as a trial de novo. The procedures
for an appeal for error on the record are defined by RALJ. The procedures
for a trial de novo are defined by CRLJ 73 and 75.
RULE 6.1
TIME
Time shall be computed or enlarged as provided in CRLJ 6, except that
the time in which to respond to the notice of infraction under rule 2.4 and
the time in which to file an appeal may not be enlarged.
6.2 MONETARY PENALTY SCHEDULE FOR TRAFFIC INFRACTIONS (IN PDF FORMAT) The contents of this item are only available on-line.
RULE 6.3
TITLE AND CITATION OF RULES
These rules may be known and cited as Infraction Rules for Courts of
Limited Jurisdiction. IRLJ is the official abbreviation.
RULE 6.4
EFFECTIVE DATE
These rules shall apply to all infraction cases in which the infraction
occurred on or after September 1, 1992.
RULE 6.5
RULES SUPERSEDED
The Justice Court Traffic Infraction Rules originally effective January
1, 1981, are superseded by these rules, except that the Justice Court
Traffic Infraction Rules shall be applicable to any traffic offense
occurring before September 1, 1992.
IRLJ 6.6
SPEED MEASURING DEVICE: DESIGN AND CONSTRUCTION
CERTIFICATION
(a) In General. This rule applies only to contested hearings
in traffic infraction cases.
(b) Speed Measuring Device Certificate; Form. In the absence
of proof of a request on a separate pleading to produce an
electronic or laser speed measuring device (SMD) expert served on
the prosecuting authority and filed with the clerk of the court
at least 30 days prior to trial or such lesser time as the court
deems proper, a certificate in substantially the following form
is admissible in lieu of an expert witness in any court
proceeding in which the design and construction of an electronic
or laser speed measuring device (SMD) is an issue:
CERTIFICATION CONCERNING DESIGN AND CONSTRUCTION
OF ELECTRONIC SPEED MEASURING DEVICES OR LASER
SPEED MEASURING DEVICES
I, ____________________ do certify under penalty of perjury as follows:
I am employed with _______________ as a _______________. I
have been employed in such a capacity for _______________ years.
Part of my duties include supervising the maintenance and repair
of all electronic and laser speed measuring devices (SMD's) used
by _______________ (name of agency).
This agency currently uses the following SMD's:
(List all SMD's used and their manufacturers and identify which
SMDs use laser technology.)
I have the following qualifications with respect to the above stated SMD's:
(List all degrees held and any special schooling regarding the
SMD's listed above.)
This agency maintains manuals for all of the above stated
SMD's. I am personally familiar with those manuals and how each
of the SMD's are designed and operated. On __________ (date)
testing of the SMD's was performed under my direction. The units
were evaluated to meet or exceed existing performance standards.
This agency maintains a testing and certification program. This
program requires:
(State the program in detail.)
Based upon my education, training, and experience and my
knowledge of the SMD's listed above, it is my opinion that each
of these electronic pieces of equipment is so designed and
constructed as to accurately employ the Doppler effect in such a
manner that it will give accurate measurements of the speed of
motor vehicles when properly calibrated and operated by a trained
operator or, in the case of the laser SMDs, each of these pieces
of equipment is so designed and constructed as to accurately
employ measurement techniques based on the velocity of light in
such a manner that it will give accurate measurements of the
speed of motor vehicles when properly calibrated and operated by
a trained operator.
___________________________________
(Signature)
Dated: ____________________________
(c) Continuance. The court at the time of the formal hearing
shall hear testimony concerning the infraction and, if necessary,
may continue the proceedings for the purpose of obtaining
evidence concerning an electronic speed measuring device and the
certification thereof. If, at the time it is supplied, the
evidence is insufficient, a motion to suppress the readings of
such device shall be granted.
(d) Maintaining Certificates as Public Records. Any
certificate, affidavit or foundational evidentiary document
allowed or required by this rule can be filed with the court and
maintained by the court as a public record. The records will be
available for inspection by the public. Copies will be provided
on request. The court may charge any allowable copying fees.
The records are available without a formal request for discovery.
The court is entitled to take judicial notice of the fact that
the document has been filed with the court. Evidence will not be
suppressed merely because there is not a representative of the
prosecuting authority present who actually offers the document.
Evidence shall be suppressed pursuant to subsection (c) of this
rule if the evidence in the certificate, affidavit or document is
insufficient, or if it has not been filed as required.
[Adopted as JTIR effective January 1, 1981; amended effective
September 1, 1989. Changed from JTIR to IRLJ effective September 1, 1992;
amended effective September 1, 1997; amended effective
October 31, 2000; amended effective January 3, 2006.]
RULE IRLJ 6.7
IDENTITY CHALLENGES AND RELIEF FROM JUDGMENT
(a) Relief from Judgment. A motion to waive or suspend a fine, or to convert a
penalty to community restitution, or to vacate a judgment is governed by CRLJ 60(b).
(b) Identity Challenge.
(1) Right Granted. In addition to the rights granted defendants pursuant
to rule 6.7(a), a defendant may move to vacate a judgment that was entered after a
failure to respond to a notice of infraction on the basis that he or she was
mistakenly identified as the person who allegedly committed the infraction.
(2) Identity Affidavit. A defendant moving to vacate a judgment for
mistaken identification shall file an affidavit or certification under RCW 9A.72.085
with the court in which the infraction was found committed and with the office
of the prosecuting authority assigned to the court stating that he or she could
not be the person identified by the citing officer as having committed the
infraction, citing a factual basis for the assertion and stating that he or she
was not served with the notice of infraction.
(3) Adjudication Pending Hearing. The court may, at its discretion, set
aside the default judgment pending the hearing.
(4) Scheduling of Hearings. An identification hearing shall be scheduled
for not less than 14 days and not more than 120 days from the date an identity
affidavit is filed unless otherwise agreed by the defendant. The court shall
send the defendant written notice of the time, place and date of the hearing
within 28 days of the receipt of the request for hearing.
(5) Hearing Procedure. The court may require the presence of the defendant
at the scheduled hearing. At the hearing, identification may be established by
methods other than direct identification in court.
(6) Disposition. If the court determines that the named defendant was
the person identified by the citing officer as the person who committed the
infraction or was served with the notice of infraction, the infraction shall
remain committed or be re-adjudicated as committed.
[Adopted effective September 1, 1994; amended effective January 3, 2006; amended effective February 28, 2006.]
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