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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13.04 Setoffs Against Assignees (Rescinded)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64 Garnishment (Rescinded)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)
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