GR 9 COVER SHEET

 

Suggested Amendments to GR 17 and GR 30

 

 

 

(A)       Name of Proponent:  Court Management Council

 

(B)         Spokesperson:       Renee Townsley, Administrator/Clerk

Court of Appeals, Division III

 

Callie T. Dietz, State Court Administrator

 

(C)       Purpose:

           

The Court Management Council (CMC), created by Supreme Court Order 25700-B-217 as a statewide forum for enhancing the administration of the courts, has suggested changes to modernize GR 17 (Facsimile Transmission) and GR 30 (Electronic Filing). 

 

The CMC suggested changes to these rules were endorsed by the Board for Judicial Administration (BJA) at their June 17, 2016 meeting.

 

The recommendations are the product of a CMC subcommittee that included the Clerk of the Supreme Court, a Clerk/Administrator from the Court of Appeals, two county clerks, and a municipal court administrator.

 

The changes would largely conform rules to current practice in many jurisdictions.  

 

GR 17 Facsimile Transmission

The CMC anticipates that fax filing will be obsolete in the future.  In the meantime, GR 17 is still needed.  The CMC proposes minor changes to GR 17 which was adopted in 1993:

·               Increase to 20 (from 10) the maximum number of pages that may be filed without prior approval from the clerk;

·               Update agency name from “Office of the Administrator for the Courts” to “Administrative Office of the Courts”, conforming to RCW 2.56.010;

·               GR 17(a)(2) requires that the filer attach an affidavit as the last page of the document.  This requirement is frequently overlooked by filers and rarely enforced by courts.  The suggested rules make this requirement optional “by local court rule”;

·               Delete the requirement of filing on “bond paper.”

 

GR 30 Electronic Filing and Service

·            Permit electronic filing of certified records of proceedings, conforming to practice;

·            Strike the corresponding reference prohibiting such in the comment;

·            The current rule permits electronic service of documents only when 1) local rule mandates electronic filing, and 2) the parties agree to accept electronic service.  The CMC recommends striking the phrase “only by agreement” to reflect current practice;

 

 

·               Current rule requires clerks to issue confirmation that an electronic document has been received.  The CMC recommends changing this to “may” to reflect current practice while preserving court discretion;

·               Strike the fax number from the required signature block.