Proposed Rules Archives

CRLJ 43 - Taking of Testimony


GR 9 COVER SHEET

Suggested Amendment to

WASHINGTON STATE COURT RULES:

CIVIL RULES FOR COURTS OF LIMITED JURISDICTION

 

Amend RULE 43

TAKING OF TESTIMONY

 

Submitted by the District & Municipal Court Judges’ Association

_____________________________________________________________________

 

A.        Name of Proponent:             District & Municipal Court Judges’ Association

(DMCJA)

 

B.        Spokesperson:                       Judge Michelle Gehlsen, President

                                                            DMCJA

                                                                                               

C.        Purpose:         It was recently brought to the attention of the District Municipal Court Judges Association (DMCJA) that CR 43(a)(1) includes a sentence pertaining to remote testimony that is absent from CRLJ 43(a)(1). The sentence reads, “For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.” Having considered the matter, the DMCJA Board determined that courts of limited jurisdiction would benefit from similar flexibility in permitting remote testimony. Further, it is good practice for the rules of the trial courts to remain congruent. Therefore, the DMCJA requests that an additional sentence be added to CRLJ 43(a)(1), making it identical to CR 43(a)(1).

 

D.        Hearing:  A hearing is not recommended.

 

E.        Expedited Consideration:  Expedited consideration is not requested

 

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