Proposed Rules Archives

• Proposed Changes to 56 - Summary Judgment (in Word Format)
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GR 9 COVER SHEET

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

Amend CRLJ 56: Summary Judgment

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 56 governs summary judgments in courts of limited jurisdiction. Subsection (c), pertaining to motion and proceedings, provides:

The motion shall be served at least 10 days before the time fixed for the hearing. The adverse party, prior to the day of hearing, may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.

          CR 56 similarly governs the procedures and time deadlines for the filing and consideration of motions for summary judgment in superior court. A comparison of CR 56 and CRLJ 56 indicates that the respective rules are identical except for the language in subsection (c) and the omission of subsection (h) from the existing CRLJ 56.

          Subsection (c) of both rules sets forth the time requirements for filing motions for summary judgment and the legal standard for granting or denying these motions. Under CR 56(c), a motion for summary judgment must be filed at least 28 days before the motion hearing, with the adverse party allowed to file a responsive pleading at least 11 days before the hearing. By contrast, the moving party under the existing CRLJ 56(c) must file the motion and supporting pleadings at least 10 days before the motion hearing and the adverse party may file responsive pleadings prior to the day of the hearing.

          The DMCJA recommends that CRLJ 56(c) be amended to expand the initial filing period from 10 to 15 days prior to the hearing, with the adverse party being required to file and serve any responsive pleadings no later than three days before the hearing date. The amended CRLJ 56(c) also provides that the moving party may file rebuttal pleadings the day prior to the motion hearing.

          The abbreviated time limits created by CRLJ 56 seem to stem from the time when the jurisdictional limits of district courts resulted in more limited proceedings. With the increase in the civil jurisdiction limit in district court to $75,000 (and perhaps more in the future), it makes sense to increase the time periods. Under the current rule, a high percentage of responsive pleadings are filed at or near the end of the court day prior to the hearing and are not seen by the judge or the litigants until the day of the hearing. With the increased complexity of the motions, the adverse parties (many of whom are unrepresented), should have additional time to respond to the allegations. Requiring the adverse party to file a responsive pleading within three days provides the moving party with an opportunity to review the response and consider whether it is advisable to cancel or continue the motion hearing. The three-day filing requirement promotes court efficiency and calendaring as it affords litigants the opportunity to assess their legal posture (and any possible settlement), and provides additional time for the judge to review in advance the pleadings filed by the respective parties.

The revised subsection (c) would read:

(c) Motion and Proceedings. The motion and any supporting affidavits, memoranda of law, or other documentation shall be filed and served at least 10 not later than 15 days before the time fixed for the hearing. The adverse party, prior to the day of hearing, may file and serve opposing affidavits, memoranda of law and other documentation not later than 3 days before the hearing. The moving party may file and serve any rebuttal documents not later than the day prior to the hearing. Summary judgment motions shall be heard more than 14 days before the date set for trial unless leave of the court is granted to allow otherwise. The judgment sought shall be rendered forthwith if the pleadings, answers to interrogatories, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.

          The final proposed revision to existing CRLJ 56 is to include a similar paragraph to CR 56(h), which governs the form of the order signed by the court, but which allows for more judicial discretion. The new subsection would read:

(h) Rulings by Court. In granting or denying the motion for summary judgment, the court shall designate the documents and other evidence considered in its rulings.

This addition would improve the clarity of the judicial record in the limited jurisdiction court.

          For the reasons set forth herein, the DMCJA recommends that CRLJ 56 be amended as submitted.

D. Hearing: A hearing is not requested.

E. Expedited Consideration: Expedited consideration is not requested.