GENERAL RULE 9

RULE AMENDMENT COVER SHEET SUGGESTED AMENDMENT TO CR 39

1.       Proponent Organization: BJA Remote Proceedings Work Group Civil

2.       Spokesperson & Contact Info:

Judge Jim Rogers, Co-Chair BJA Remote Proceedings Work Group – Superior Court Level Email: Jim.Rogers@kingcounty.gov

Phone: 206-477-1597

3.       Purpose of Suggested Rule Amendment

This is the trial rule. The Civil Group unanimously supports this change.

Section (d) is proposed as an amendment to allow remote trials either held entirely remotely or where some parties or counsel appear remotely.

(d)(1): The rule allows an entirely remote trial only by agreement of the parties. The court cannot order it. An entirely remote trial is one held entirely on remote technology.

(d)(2) This section addresses several matters.

a.           Notice must be given by a party wishing to hold an entirely remote trial.

b.     Under this proposed section, if there is no agreement, the trial shall be in person.

c.        A court is authorized to allow some parties or lawyers to appear remotely if they so request, even in an in-person trial.

This last part of the rule governs a so-called ‘hybrid” trial which now occur quite frequently in our State. While the rule does not so limit, this occurs largely in bench trials in civil, family law and dependency matters. For parties in some parts of our State, the ability to bring in a lawyer remotely can be an access to justice issue. See President's Corner > The Rural Attorney Shortage is Turning Into a Crisis in Washington State - Washington State Bar News (wabarnews.org). We heard repeatedly that some jurisdictions must be able to allow lawyers to appear remotely for some matters because there is not sufficient available local legal representation.

This rule and these amendments do not govern pretrial matters, witnesses, or jury selection.

4.       Is Expedited Consideration Requested?

1

Expedited consideration is essential. The Court should seriously consider passing amended rules permitting remote proceedings before the Supreme Court’s Emergency Order is lifted. Use of remote technology in superior courts is now widespread. For some jurisdictions, it has become essential to maintain access to justice. Members of our Group in rural areas noted that remote technology assists them by allowing out of town counsel to appear.

5.       Is a Public Hearing Recommended? No