GR 9 COVER SHEET

Suggested Amendment to

WASHINGTON STATE COURT RULES:

GR 13

Submitted by the Submitted by the Board for Judicial Administration Legislative Committee, the Superior Court Judges’ Association Legislative Committee, and the District and Municipal Court Judges’ Association Legislative Committee

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A.        Name of Proponent:  Judge Kevin Ringus, Chair, BJA Legislative Committee

                                                     Judge Jennifer Forbes, Co-Chair, SCJA Legislative Cmte

                                                     Judge Sean O’Donnell, Co-Chair, SCJA Legislative Cmte

                                                     Judge Paul Wohl, Chair, DMCJA Legislative Committee

B.        Spokesperson:           J Benway, AOC Legal Services

C.        Purpose:      

Recent legislation, Laws of 2019, ch. 132, § 2, resulted in the repeal of RCW 9A.72.085, which is referenced in GR 13 pertaining to the use of unsworn statements in lieu of affidavits. In GR 13, RCW 9A.72.085 provides an authentication process so that an unsworn statement can be treated as a sworn statement. In this way, the statute is similar to GR 30(d), enacted after GR 13, which also provides a method for signature authentication. Because GR 30 provides a method of authentication, the reference to RCW 9A.72.085 is no longer necessary and can be replaced with a reference to GR 30. This approach will avoid further potential amendments due to legislative changes and simplifies the amendment process.

D.        Proposed Amendments:

[see below]

E.        Hearing: A hearing is not recommended due to the technical nature of the amendment.

F.         Expedited Consideration: Expedited consideration is requested to minimize confusion in the court and legal community.