Proposed Rules Archives

• Proposed Changes to 26 - Discovery (in Word Format)
• Comments Received for 26 - Discovery

GR 9 COVER SHEET

Suggested Amendment to
WASHINGTON STATE COURT RULES:
CIVIL RULES FOR COURTS OF LIMITED JURISDICTION

Amend CRLJ 26(g): Time for Discovery

Submitted by the District & Municipal Courts Judges Association

A. Name of Proponent: District & Municipal Courts Judges Association

B. Spokesperson: Judge David Steiner, President
                               DMCJA

C. Purpose: CRLJ 26 governs civil discovery in courts of limited jurisdiction. Subsection (g), pertaining to time for discovery, provides:

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.

          Courts of limited jurisdiction typically allow for more limited civil discovery than superior courts, as indicated by a comparison between the current CR 26 and CRLJ 26. However, CRLJ 26(g) limits the discovery time frame to a 60 or 90 day period that is inconsistent with the type of cases that are now filed in district courts. The current rule was implemented during a time when the monetary civil jurisdictional limits of district court were much lower. With the increase in district court jurisdiction to $75,000 (and perhaps more in the future), the Committee recommends that the time limits for civil discovery be removed. The revised subsection would read:

(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.

          This revision is advisable for several reasons. First, the 60 or 90 day time limit is inconsistent with the discovery processes that are currently allowed under CRLJ 26. CRLJ 26 provides for discovery to commence 21 days after service of the summons and complaint. Generally, paper discovery (interrogatories, requests for production) is served initially. The responding party then has 30 days to respond. After review, the serving party may then take depositions, and/or serve requests for admission. When the jurisdictional limits were lower, depositions were rare, but now it is standard practice to take depositions in district court civil cases. The current rule makes scheduling depositions very problematic as it is unlikely that the authorized three depositions per party can occur within the time frame the rule imposes. As a result, the parties must seek a joint order from the court in almost every case.

          With the increased complexity of district court cases, adverse parties (many of whom are unrepresented), should properly have additional time to seek counsel. Both parties need more time to respond to and evaluate discovery. Both parties need more time to evaluate their settlement posture and to focus any discovery motions. Removal of the time limitations will improve court efficiency by requiring motions only where the parties are seeking to expand the discovery limitations (three depositions, 15 interrogatories, etc.), rather than the time constraints. Finally, removal of the 60/90 day limitation is more consistent with the myriad of court calendaring processes that are found throughout the different district courts in Washington.

          Removal of the discovery time limitations will allow parties to file mainline civil cases in district court, and to take advantage of the limited discovery processes, six person juries, and final results that the district court process offers. Because of these reasons, the DMCJA recommends that CRLJ 26(g) be amended to remove the 60 and 90 day limitations on discovery. The amended rule retains the other limits on discovery within courts of limited jurisdiction, and allows for improved efficiency and flexibility in the handling of civil matters within those courts.

D. Hearing: A hearing is not requested.

E. Expedited Consideration: Expedited consideration is not requested.