GENERAL RULE 9

RULE AMENDMENT COVER SHEET

Suggested Amendments to WASHINGTON STATE COURT RULES:

CIVIL RULES FOR COURTS OF LIMITED JURISDICTION (CRLJ) PROPOSED AMENDMENT TO CRLJ 41

1.       Proponent Organization: District and Municipal Court Judges’ Association (DMCJA)

2.       Spokespersons: Judge Jeffrey R. Smith, President DMCJA; Judge Catherine McDowall, Co-Chair DMCJA Court Rules Committee; Judge Wade Samuelson, Co-Chair DMCJA Court Rules Committee.

3.       Purpose of Proposed Rule Amendment: GR 30(b)(3) (relating to Electronic Filing and Service) currently allows courts to electronically transmit notices, orders or other documents to all parties to a case where authorized by local court rule. However, the current version of CRLJ 41(b)(2)(i) requires notice of a dismissal on clerk’s motion to be mailed to the parties.

DMCJA proposes an amendment to CRLJ 41 to clarify that electronic transmission of notice is permissible where parties have agreed in writing to receive court notice

electronically. The proposed changes would clarify any perceived ambiguity between GR 30 and CRLJ 41. Minor changes to other parts of CRLJ 41 are proposed to make it consistent with the possibility of electronically transmitted notice.

4.       Hearing: A hearing is not recommended.

5.       Expedited Consideration: Expedited consideration is not requested.