GENERAL RULE 9

RULE AMENDMENT COVER SHEET SUGGESTED AMENDMENT TO CR 43

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 rule for witnesses called for trial. The Civil Group unanimously supports this change.

The proposed amendments allow the following:

a.            A witness may be called to testify remotely if the parties agree; or

b.           A witness may be called to testify remotely if a party requests and the trial court orders it over the objection of another party (see below explanation). In reaching this decision, the proposed amendments require a court to consider certain factors, including the interests of justice per CR1, prejudice to a party, and the ability of a party to subpoena a witness.

c.            A witness served a 43(f) notice must appear in person.

d.           Parties must give notice to call a witness by remote means.

e.            The rule includes the language that the Court shall have appropriate safeguards.

The committee considered how a court should decide when one party wishes to call a witness by remote means and the other side objects to this procedure. More and more, parties call experts, medical doctors and some lay witnesses by remote means.

Another way the issue may arise is when a witness appears live but cannot be completed within a schedule and must physically leave. Such a witness is sometimes completed by remote means.

The rule recognizes that there can be valid reasons to allow remote testimony and valid reasons to object to remote testimony and creates a process for courts to decide the issue.

The vote in support of this amendment was unanimous. KCBA abstained from all voting.

4.       Is Expedited Consideration Requested?

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. President's Corner > The Rural Attorney Shortage is Turning Into a Crisis in Washington State - Washington State Bar News (wabarnews.org) 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