1974 Revised Code of Washington Volume 0 part 3: Rules of Court Part IV and V
Download as PDF
Part IV
RULES FOR SUPERIOR COURT
Abbreviadon
Title of Rules
Formerly
Superior Court Administrative
Rules .................... (AR)
Superior Court Civil Rules ...... (CR)
(RP PP-Part)
Superior Court Special
Proceedings Rules ......... (SPR)
(RPPP-Part)
Superior Court Criminal Rules .. (CrR)
prepare and forward to the Section a supplemen~a~ disposition report on a form approved by the ~dmm1s~ra­
tor for the Courts indicating thereon the mformatton
necessary to correct the current status of the disposition
of charges against the subject maintained in the records
of the Section. [Adopted Jan. 17, 1974; effective March
I, 1974.]
(RP PP-Part)
SUPERIOR COURT CIVIL RULES (CR)
Superior Court Mental
Proceedings Rules ........ (MPR)
(formerly: Civil Rules for Superior Court (CR); Rules of Pleading,
Practice and Procedure, RPPP.)
Juvenile Court Rules ......... (JuCR)
Table of Contents
Appendix to Part IV: Court
Orders and Tables
SUPERIOR COURT ADMINISTRATIVE RULES
(AR)
(Formerly: Administrative Rules for Superior Court)
Table of Rules
RULE 1 Reporting of Criminal Cases
(a) Report of Disposition
(b) Report of Appeal.
Rule 1 Reporting of criminal cases
(a) Report of Disposition. Within five court days after
disposition by the superior court of a criminal charge,
whether the disposition be a plea of guilty or by deferral or suspension of imposition of sentence, or a finding
of guilty, or not guilty after trial, or by dismissal of the
charge, the court clerk shall report such disposition to
the Washington State Patrol Section on Identification
on a disposition form approved by the Administrator
for the Courts. When a sentence has been deferred or
suspended, the report to the Section shall indicate the
length of time over which such suspension or deferral is
to be effective. At the conclusion of the time period for
deferral or suspension of sentence, the court clerk shaJI
forward an amended disposition form to the Section
showing the actual disposition of the case.
(b) Report of Appeal. If an appeal is taken from the
disposition made by the superior court, the court clerk
shall, within five court days of the taking of the appeal,
notify the Section on an amended disposition form. In
the event that the result of any proceeding changes or
otherwise makes inaccurate the information forwarded
on the original disposition report, the court clerk shall
I.
INTRODUCTORY (Rules 1-2A)
RULE 1
Scope of Rules
RULE2
One Form of Action
RULE 2A
Stipulations
II.
COMMENCEMENT OF ACTION; SERVICE
OF PROCESS, PLEADINGS, MOTIONS
AND ORDERS (Rules 3-6)
RULE3
(a)
(b)
(c)
(d)
RULE4
Commencement of Action
Methods
Tolling Statute
Obtaining Jurisdiction
Lis Pendens
Process
(-) What is process
(a) Summons; Issuance
(b) Summons
(1) Contents
(2) Form
(c) By Whom Served
(d) Service
(I) Of Summons and/or Complaint
(2) Personal in State
(3) By Publication
(4) Appearance
(e) Other Service
(I) Generally
(2) Personal Service Out of State-Generally
(3) Personal Service Out of State--Acts
Submitting Person to Jurisdiction of
Courts
(4) Non-Resident Motorists
(f) Territorial Limits of Effective Service
(g) Return of Service
(Rules for Superior Comt--p 11
Digest
Rules for Superior Court
(h) Amendment of Process
(i)
RULE 5
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
RULE 6
Alternative Provisions for Service in a Foreign Country
(I) Manner
(2) Return
Service and Filing of Pleadings and Other
Papers
Service; When Required
Service; How Made
(I) On Attorney or Party
(2) Service by Mail
(A) How Made
(B) Proof of Service by Mail
(3) Service on Non-residents
Service; Numerous Defendants
Filing
(1) Time
(2) Default
(3) Limitation
(4) Non-Payment
Filing with the Court Defined
Other Methods of Service
Certified Mail
Service of Papers by Telegraph
RULE JO
Form of Pleadings and Other Papers
(a) Caption
(1) Names of Parties
(2) Unknown Names
(3) Unknown Heirs
(b) Paragraphs; Separate Statements
(c) Adoption by Reference; Exhibits
(d) Paper Size
(e) Format Recommendations
(I) Service and Filing
(2) Title
(3) Bottom Notation
(4) Typed Names
(5) Headings and Subheadings
(6) Numbered Paper
RULE 11
RULE 12
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Time
(a) Computation
(b) Enlargement
(c) Proceeding Not to Fail for Want of Judge or
Session of Court
(d) For Motions--Affidavits
(e) Additional Time After Service by Mail
III.
(k) Foreign Law
(l) Burden of Proof
Counterclaim and Cross-Claim
Compulsory Counterclaims
Permissive Counterclaims
Counterclaim Exceeding Opposing Claim
Counterclaim Against the State
Counterclaim Maturing or Acquired After
Pleading
(f) Omitted Counterclaim
(g) Cross-Claim Against Co-Party
(h) Joinder of Additional Parties
(i) Separate Trials; Separate Judgment
(j) Setoff Against Assignee
(k) Other Setoff Rules
(a)
(b)
(c)
(d)
(e)
RULE 7
Pleadings Allowed; Form of Motions
(a) Pleadings
(b) Motions and Other Papers
(I) How Made
(2) Form
(3) Identification of Evidence
(c) Demurrers, Pleas, etc., Abolished
(d) Security for Costs
(a)
(b)
(c)
(d)
(e)
(f)
General Rules of Pleading
Claims for Relief
Defenses; Form of Denials
Affirmative Defenses
Effect of Failure to Deny
Pleading to be Concise and
Consistency
Construction of Pleadings
RULE 14
Third-Party Practice
(a) When Defendant May Bring in Third Party
(b) When Plaintiff May Bring in Third Party
(c) Tort Cases
Direct;
Pleading Special Matters
Capacity
Fraud, Mistake, Condition of the Mind
Condition Precedent
Official Document or Act
Judgment
Time and Place
(g) Special Damage
(h) Pleading Existence of City or Town
(i) Pleading Ordinance
(j) Pleading Private Statutes
RULE 15
(a)
(b)
(c)
(d)
(e)
RULE9
(a)
(b)
(c)
(d)
(e)
(f)
!Rules for Superior Coort--p 2)
Defenses and Objections
When Presented
How Presented
Motion for Judgment on the Pleadings
Preliminary Hearings
Motion for More Definite Statement
Motion to Strike
Consolidation of Defenses in Motion
Waiver or Preservation of Certain Defenses
RULE 13
PLEADINGS AND MOTIONS (Rules 7-16)
RULE 8
Signing of Pleadings
Amended and Supplemental Pleadings
Amendments
Amendments to Conform to the Evidence
Relation Back of Amendments
Supplemental Pleadings
Interlineations
RULE 16
Pre-Trial Procedure and Formulating
Issues
(a) Hearing Matters Considered
(b) Pre-Trial Order
IV.
PARTIES (Rules 17-25)
RULE 17
Parties Plaintiff and Defendant; Capacity
(-) Designation of Parties
(a) Real Party in Interest
Digest
Superior Court Civil Rules (CR)
(b) Capacity to Sue or Be Sued
(c) Infants, or Incompetent Persons
(1) Scope
(2) Guardian ad Litem for Infant
(3) Guardian ad Litem for Incompetents
(d) Actions on Assigned Choses in Action
(e) Public Corporations
( 1) Actions By
(2) Actions Against
(f) Tort Actions Against State
RULE 18
Joinder of Claims and Remedies
(a) Joinder of Claims
(b) Joinder
of
Remedies;
Fraudulent
Conveyances
RULE 19
(a)
(b)
(c)
(d)
(e)
Joinder of Persons Needed for Just
Adjudication
Persons to be Joined if Feasible
Determination by Court Whenever Joinder
Not Feasible
Pleading Reasons for Nonjoinder
Exception of Class Actions
Husband and Wife Must Join--Exceptions
V.
DEPOSITIONS AND DISCOVERY (Rules 2637)
RULE 26
General Provisions Governing Discovery
(a) Discovery Methods
(b) Scope of Discovery
( 1) In General
(2) Insurance Agreements
(3) Trial Preparation: Materials
(4) Trial Preparation: Experts
(c) Protective Orders
(d) Sequence and Timing of Discovery
(e) Supplementation of Responses
RULE 27
Perpetuation of Testimony
(a) Perpetuation Before Action
( 1) Petition
(2) Notice and Service
(3) Order and Examination
(4) Use of Deposition
(b) Perpetuation Pending Appeal
(c) Perpetuation by Action
RULE 28
RULE 20
Permissive Joinder of Parties
(a) Permissive Joinder
(b) Separate Trials
(c) When Husband and Wife May Join
(d) Service on Joint Defendants--Procedure
After Service
(e) Procedure to Bind Joint Debtor
(-)
RULE 21
(a)
(b)
(c)
Misjoinder and Non-Joinder of Parties
RULE 22
Interpleader
(a) Rule
(b) Statutes
Class Actions
RULE 23
(a) Prerequisites to a Class Action
(b) Class Actions Maintainable
(c) Determination by Order Whether Class Action to be Maintained; Notice; Judgment;
Actions Conducted Partially as Class Actions
(d) Orders in Conduct of Actions
(e) Dismissal or Compromise
RULE 23.1
RULE 23.2
Derivative Actions by Shareholders
Actions Relating to Unincorporated
Associations
Intervention
RULE 24
(a) Intervention of Right
(b) Permissive Intervention
(c) Procedure
Substitution of Parties
RULE 25
(a) Death
(1) Procedure
(2) Partial Abatement
(b) Incompetency
(c) Transfer of Interest
(d) Public Offices; Death or Separation from
Office
RULE 29
Persons Before Whom Depositions May
be Taken
Within the State
( 1) Court Commissioners
(2) Superior Courts
(3) Judicial Officers
(4) Judges of Supreme and Superior Courts
(5) Inferior Judicial Officers
(6) Notaries Public
(7) Special Commissions
Within the United States
In Foreign Countries
Disqualification for Interest
Stipulations
Procedure
Regarding
Discovery
RULE 30
Depositions Upon Oral Examination
(a) When Depositions May be Taken
(b) Notice of Examination: General Requirements; Special Notice; Non-stenographic
Recording; Production of Documents and
Things; Deposition of Organization
(c) Examination
and
Cross-Examination;
Record of Examination; Oath; Objections
(d) Motion to Terminate or Limit Examination
(e) Submission to Witness; Changes; Signing
(f) Certification and Filing by Officer; Exhibits;
Copies; Notice of Filing
(g) Failure to Attend or to Serve Subpoena;
Expenses
RULE 31
Depositions Upon Written Questions
(a) Serving Questions; Notice
(b) Officer to Take Responses and Prepare
Record
(c) Notice of Filing
RULE 32
Use of Depositions in Court Proceedings
(a) Use of Depositions
(b) Objections to Admissibility
(c) Effect of Taking or Using Depositions
(Rules for Superior Court---p JJ
Digest
Rules for Superior Court
(d) Effect of Errors and Irregularities m
Depositions
(1) As to Notice
(2) As to Disqualification of Officer
(3) As to Taking of Deposition
(4) As to Completion and Return of
Deposition
RULE 33
Interrogatories to Parties
(a) Availability; Procedures for Use
(b) Scope; Use at Trial
(c) Option to Produce Business Records
RULE 34
Production of.Documents and Things and
Entry Upon Land for Inspection and
Other Purposes
(a) Scope
(b) Procedure
(c) Persons not Parties
RULE 35
Physical and Mental Examination of
Persons
(a) Order for Examination
(b) Report of Examining Physician
RULE 36
Requests for Admission
(a) Request for Admission
(b) Effect of Admission
RULE 37
Failure to Make Discovery: Sanctions
(a) Motion for Order Compelling Discovery
(1) Appropriate Court
(2) Motion
(3) Evasive or Incomplete Answer
( 4) A ward of Expenses of Motion
(b) Failure to Comply with Order
( l) Sanctions by Court in District Where
Deposition is Taken
(2) Sanctions by Court in Which Action is
Pending
(c) Expenses on Failure to Admit
(d) Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or
Respond to Request for Inspection
VI.
TRIALS (Rules 38-53)
RULE 38
Jury Trial of Right
(-) Defined
(a) Right of Jury Trial Preserved
(b) Demand for Jury
(c) Specification of Issues
(d) Waiver of Jury
(e) Return of Jury Fee--When Forfeited
RULE 39
Trial by Jury or by the Court
(-) Issues--How Tried
(a) By Jury
(1) Rule
(2) Questions of Fact for Jury
(b) By the Court
(1) Rule
(2) Questions of Law to be Decided by
Court
(c) Advisory Jury and Trial by Consent
(Roles for Superior Court--p 4)
RULE 40
Assignment of Cases
(a) Notice of Trial--Note of Issue
(1) Of Fact
(2) Of Law
(3) Adjournments
(4) Filing Note by Opposite Party
(5) Issue May be Brought to Trial by Either
Party
(b) Methods
(c) Preferences
(d) Trials
(e) Continuances
(t) Change of Judge
RULE 41
Dismissal of Actions
(a) Voluntary Dismissal
( 1) Mandatory
(2) Permissive
(3) Counterclaim
(4) Effect
(b) Involuntary Dismissal; Effect
(I) Want of Prosecution on Motion of Party
(2) Dismissal on Clerk's Motion
(A) Notice
(B) Mailing Notice
(C) Applicable Date
(3) Defendant's Motion After Plaintiff Rests
(c) Dismissal of Counterclaim, Cross-Claim, or
Third-Party Claim
(d) Costs of Previously Dismissed Action
(e) Notice of Settlements
RULE 42
Consolidation; Separate Trials
(a) Consolidation
(b) Separate Trials
RULE 43
Evidence
(a) Testimony
(1) Generally
(2) Multiple Examinations
(b) Scope of Examination and CrossExamination
(c) Record of Excluded Evidence [Offer of
Proof]
(d) Oaths of Witnesses
( l) Administration
(2) Applicability
(3) Affirmation in Lieu of Oath
(e) Evidence on Motions
( l) Generally
(2) For Injunctions, etc.
(f) Adverse Party as Witness
(l) Party or Managing Agent as Adverse
Witness
(2) Effect of Discovery, etc.
(3) Refusal to Attend and Testify; Penalties
(g) Attorney as Witness
(h) Report or Transcript as Evidence
(i) Testimony at Former Trial
G) Statement of Facts in Retrial of Non-Jury
Cases
Digest
Superior Court Civil Rules (CR)
RULE 44
Proof of Official Record
(a) Authentication
( l) Domestic
(2) Foreign
(b) Lack of Record
(c) Other Proof
RULE 44. l Determination of Foreign Law
RULE 45
Subpoena
(a) For Attendance of Witnesses
(l) Form
(2) Issuance for Trial
(3) Issuance for Deposition
(b) For Production of Documentary Evidence
(c) Service
(d) Subpoena for Talcing Depositions; Place of
Examination
(I) Authorization
(2) Place of Examination
(3) Foreign Depositions for Local Actions
(4) Local Depositions for Foreign Actions
(e) Subpoena for Hearing or Trial
(f) Contempt
RULE 46
Exceptions Unnecessary
RULE 47
Jurors
(a) Examination of Jurors
(b) Alternate Jurors
(c) Procedure When Juror Becomes Ill
(d) Impanelling Jury
(e) Challenge
(l) Kind and Number
(2) Peremptory Challenges Defined
(3) Challenges for Cause
(4) General Causes of Challenge
(5) Particular Causes of Challenge
(6) Implied Bias Defined
(7) Challenge for Actual Bias
(8) Exemption not Cause of Challenge
(9) Peremptory Challenges
(10) Order of Taking Challenges
(11) Objections to Challenges
(12) Trial of Challenge
(13) Challenge, Objection and Denial May be
Oral
(f) Oath of Jurors
(g) View of Premises by Jury
(h) Admonitions to Jurors
(i) Care of Jury While Deliberating
(j) Note-taking by Jurors
RULE 48
Juries of Less than Twelve
RULE 49
Verdicts
(-) General Verdict
(a) Special Verdict
(b) General Verdict Accompanied by Answer to
Interrogatories
(c) Discharge of Jury
(I) Without Verdict
(2) Effect of Discharge
(d) Court Recess During Deliberation
(e) Proceedings When Jury have Agreed
(t)
(g)
(h)
(i)
0)
(k)
Manner of Giving Verdict
Ten Jurors in Civil Cases
Jury May Be Polled
Correction of Informal Verdict
Jury to Assess Amount of Recovery
Receiving Verdict and Discharging Jury
RULE 50
Motion for a Directed Verdict and for
Judgment Notwithstanding the Verdict
(a) Motion for Directed Verdict; When Made;
Effect
(b) Motion for Judgment Notwithstanding the
Verdict
(c) Alternative Motions for Judgment Notwithstanding Verdict or for a New Trial--Effect of Appeal
RULE 51
Instructions to Jury and Deliberation
(a) Proposed
(b) Submission
(c) Form
(d) Published Instructions
(1) Request
(2) Record on Appeal
(3) Local Option
(e) Disregarding Requests
(f) Objections to Instruction
(g) Instructing the Jury and Argument
(h) Deliberation
(i) Further Instructions
(j) Comments upon Evidence
RULE 52
Decisions, Findings and Conclusions
(a) Requirements
( 1) Generally
(2) Specifically Required
(A) Temporary Injunctions
(B) Domestic Relations
(C) Other
(3) Proposed
(4) Form
(5) When Unnecessary
(A) Stipulation
(B) Decision on Motions
(C) Temporary Restraining Orders
(b) Amendment of Findings
(c) Presentation
(d) Judgment Without Findings, etc.
(e) Time Limit for Decision
RULE 53
Masters [Reserved]
RULE 53.l Referees
(a) Referees--Definitions and Powers
(b) Reference by Consent--Right to Jury Trial
(c) Reference Without Consent
(d) To Whom Reference May be Ordered
(e) Qualifications of Referees
(f) Challenges to Referees
(g) Trial Procedure--Powers of Referee
(h) Referee's Report-Contents--Evidence,
Filing of, Frivolous
(i) Proceedings on Filing of Report
(j) Judgment on Referee's Report
(k) Fees of Referees
(Rules for Superior Comt--p SJ
Digest
Rules for Superior Court
RULE 53.2 Court Commissioners
(a) Appointment of Court Commissioners-Qualifications--Term of Office
(b) Oath
(c) Salary
(d) Powers of Commissioners--Fees
(e) Revision by Court
Vil.
JUDGMENT (Rules
~)
RULE 54
Judgments and Costs
(a) Definitions
(I) Judgment
(2) Order
(b) Judgment Upon Multiple Claims or Involving Multiple Parties
(c) Demand for Judgment
(d) Costs
(e) Preparation of Order or Judgment
(f) Presentation
(1) Time
(2) Notice of Presentation
(A) Emergency
(B) Approval
(C) After Verdict, etc.
RULE 55
Default and Judgment
(a) Entry of Default
(I) Motion
(2) Pleading after Default
(3) Notice
(b) Entry of Default Judgme~t
(l) When Amount Certam
(2) When Amount Uncertain
(3) When Service by Publication
(4) Costs and Proof of Service
(c) Setting Aside Default
.
(d) Plaintiffs, Counterclaimants, Cross-Claimants
(e) Judgment Against State
(f) How Made After Elapse of Year
(l) Notice
(2) Service
RULE 56
Summary Judgment
(a) For Claimant
(b) For Defending Party
(c) Motion and Proceedin~s
.
(d) Case Not Fully Adjudicated on ~ohon
(e) Form of Affidavits; Further_ Testimony
(f) When Affidavits are Unav~Ilable
(g) Affidavits Made in Bad Faith
RULE 57
Declaratory Judgments
RULE 58
Entry of Judgment
(a) When
(b) Effective Time
(c) Notice of Entry
(d) [Reserved]
(e) Judgment by Confession
(f) Assignment of Judgment
(g) Interest on Judgments
(h) Satisfaction of Judgments
(i) Lien of Judgment
(j) Commencement of Lien on Real Estate
(Rules for Superior Court~
61
(k) Cessation of Lien--Extension Prohibited
(l) Revival of Judgments
RULE 59
New Trial and Amendment of Judgments
(a) Grounds for Reconsideration or New Trial
(b) Time for Motion
(c) Time for Serving Affidavits
(d) On Initiative of Court
(e) Hearing on Motion
( l) Time of Hearing
(2) Consolidation of Hearings
(3) Nature of Hearing
(f) Statement of Reasons
(g) Reopening Judgment
(h) Motion to Alter or Amend Judgment
(i) Alternative Motions, etc.
(j) Limit on Motions
RULE 60
Relief from Judgment or Order
(a) Clerical Mistakes
(b) Mistakes; Inadvertence; Excusable Neglect;
Newly Discovered Evidence; Fraud; Etc.
(c) Other Remedies
(d) Writs Abolished--Procedure
(e) Procedure on Vacation of Judgment
(l) Motion
(2) Notice
(3) Service
(4) Statutes
RULE 61
RULE 62
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Harmless Error [Reserved]
Stay of Proceedings to Enforce a
Judgment
Automatic Stays
Stay on Motion for New Trial or for
Judgment
Injunction Pending Appeal
Stay Upon Appeal
Stay in Favor of State
Other Stays
Power of Supreme Court not Limited
Multiple Claims or Multiple Parties
RULE 63
Judges
(a) Powers
(b) Disability of a Judge
VIII. PROVISIONAL AND FINAL REMEDIES
(Rules 64-71)
RULE 64
Seizure of Person or Property
RULE 65
Injunctions
(a) Preliminary Injunction
(l) Notice
(2) Consolidation of Hearing with Trial on
Merits
(b) Temporary Restraining Order; Notice; Hearing; Duration
(c) Security
(d) Form and Scope
(e) Statutes
RULE 65. l
Security: Proceedings Against Sureties
Digest
Superior Court Civil Rules (CR)
RULE 66
Receivership Proceedings
(a) Generally
(b) Dismissal
(c) Notice to Creditors
(d) Request for Special Notices
(e) Notices and Hearings
RULE 67
(j)
(k)
(1)
(m)
(n)
Deposit in Court
RULE 68
(h)
(i)
Offer of Judgment
RULE 69
Execution
(a) Procedure
(b) Supplemental Proceedings
RULE 70
Judgment for Specific Acts; Vesting Title
RULE 71
[Reserved]
IX.
APPEALS (Rules 72-76) (Reserved)
X.
SUPERIOR COURTS AND CLERKS (Rules
77--80)
RULE 77
Superior Courts and Judicial Officers
(a) Original Jurisdiction
(b) Powers of Superior Courts
(1) Powers of Court in Conduct of Judicial
Proceedings
(2) Punishment for Contempt
(3) Implied Powers
(c) Powers of Judicial Officers
(1) Judges Distinguished from Court
(2) Judicial Officers
Defined--When
Disqualified
(3) Powers of Judicial Officers
(4) Judicial Officer May Punish for
Contempt
(5) Powers of Judges of Supreme and Superior Courts
(6) Powers of Inferior Judicial Officers
(7) Powers of Judge in Counties of His
District
(8) Visiting Judges
(A) Assignments
(i)
Visiting
Judges at Direction of
Governor
(ii)
Visiting
Judges at Request of
Judge or Judges
(iii)
Court Administrator--Make
Recommendations
(iv)
Duty
of
Judges to Comply with
Chief Justice's Direction
(B) Powers
(9) Judges Pro Tempore
(10) Change of Judge
(11) Court May Fix Amount of Bond in Civil
Actions
(d) Superior Courts Always Open
(e) No Court on Legal Holidays--Exceptions
(f) Sessions
(g) Adjournments
(1) Power
(2) Automatic
(3) Effect
Summer Recess
Sessions Where More Than One Judge
Sits--Effect of Decrees, Orders, etc.
Trials and Hearings; Orders in Chambers
Motion Day--Local Rules
Submission on Briefs
Stipulations
Seal of Court
RULE 78
Clerks
(a) Powers and Duties of Clerks
(b) Office Hours
(c) Orders by Clerk
(d) Receipt arld Publication of Depositions
(e) Entry of Judgments and Costs
(f) Bonds
RULE 79
Books and Records Kept by the Ckrk
(a) Civil Docket
(b) Civil Judgments and Orders
(1) Generally
(2) Entry of Judgment in Journal
(3) Judgment Roll
(4) Identification of Judgment Roll
(5) Execution Docket
(6) Entry of Verdict in Execution Docket
(7) Entries in Execution Docket
(8) Transcript of Justice Docket
(9) Entry of Abstract or Transcript of
Judgment
(IO) Abstract of Judgment
(11) Abstract of Verdict-Cessation of
Lien
(c) Indices; Calendars
(d) Other Books and Records of Clerk
(e) Destruction of Records
(f) List of Pending Decisions
RULE 80
Court Reporters
(a) (Reserved]
(b) Electronic Recording
XI.
GENERAL PROVISIONS (Rules
81~
RULE 81
Applicability in General
(a) To What Proceedings Applicable
(b) Conflicting Statutes and Rules
RULE 82
Venue
(a) Non-Resident
(b) Request--Waiver
RULE 83
Local Rules of Superior Court
(a) Adoption
(b) Format
(c) Copies
RULE 84
Forms [Reserved]
RULE 85
Title of Rules
RULE 86
Effective Dates
(Rules for Superior Court-;» 7)
Digest
Rules for Superior Court
I. INTRODUCTORY (RULES l-2A)
Rule 1 Scope of rules These rules govern the procedure in the superior court in all suits of a civil nature
whether cognizable as cases at law or in equity with the
exceptions stated in Rule 81. They shall be construed to
secure the just, speedy, and inexpensive determination
of every action. [Adopted May 5, 1967, effective July I,
1967.)
Comment by the Court. This rule is similar to FRCP I.
Rule 2 One form of action There shall be one form
of action to be known as "civil action." [Adopted May
5, 1967, effective July I, 1967.)
Comment by the Court. This rule is identical to FRCP 2. It supersedes RCW 4.04.020.
Rule 2A Stipulations No agreement or consent between parties or attorneys in respect to the proceedings
in a cause, the purport of which is disputed, will be regarded by the court unless the same shaH have been
made and assented to in open court before a court reporter, or entered in the minutes, or unless the evidence
thereof shall be in writing and subscribed by the attorneys denying the same. [Adopted May 5, 1967, amended June 28, 1967, effective July l, 1967.)
Comment by the Court. Rule 2A is identical to and supersedes
RPPP 89.04W.
11. COMMENCEMENT OF ACTION; SERVICE
OF PROCESS, PLEADINGS, MOTIONS AND
ORDERS
(RULES 3-6)
Rule 3
Commencement of action
(a) Methods. A civil action is commenced by service
of a summons as provided in Rule 4 or by filing a complaint. If no service of summons is had upon a defendant before the complaint is filed, one or more
defendants shall be served personally, or service by
publication shall be commenced within 90 days after
complaint is filed. Upon written demand by any other
party, the plaintiff instituting the action forthwith, shall
pay the filing fee and file the summons and complaint.
If the summons was served without the complaint being
attached, the plaintiff shall file the complaint within 5
days after the first service of the summons upon a defendant. An action shall not be deemed commenced for
the purpose of tolling any statute of limitations unless
pursuant to the provisions of RCW 4.16.170.
Comment by the Court. Subdivision (a) follows and supersedes
RCW 4.28.010 except for the addition of the last three sentences.
For sanctions see Rule 5(d); for venue provisions see Rule 82.
(b) Tolling Statute. [Reserved--See RCW 4.16.170.)
(c) Obtaining Jurisdiction. [Reserved--See RCW
4.28.020.]
Comment by the Court. The last sentence of RCW 4.28.020 is superseded by Rule 4(d)(4).
(d) Lis Pendens. [Re;served--See RCW 4.28.320
and 4.28.160.] [Adopted May 5, 1967, effective July I,
1967; amended, adopted Feb. 24, 1972, effective July l,
1972.)
!Rules for Superior Court---tJ 81
Rule 4
Process
(-) What Is Process. A summons is deemed to be
process under these rules. These Rules do not exclude
the use of other forms of process authorized by law.
(a) Summons; Issuance. The summons must be subscribed by the plaintiff or his attorney, and directed to
the defendant requiring him to appear and defend, and
serve a copy of his appearance or defense on the person
whose name is subscribed to the summons at a place
within the state therein specified in which there is a post
office, within 20 days after the service of the summons,
exclusive of the day of service. No summons is necessary for a counterclaim or cross-claim for any person
who previously has been made a party. Counterclaims
and cross-claims against an existing party may be
served as provided in Rule 5.
Comment by the Court. Subdivision (a) follows and supersedes
RCW 4.28.030.
(b) Summons.
(I) Contents. The summons for personal service shall
contain:
(A) The title of the cause, specifying the name of the
court in which the action is brought, the name of the
county designated by the plaintiff as the place of trial,
and the names of the parties to the action, plaintiff and
defendant.
(B) A direction to the defendants summoning them to
appear within 20 days after service of the summons, exclusive of the day of service, and defend the action.
(C) A notice that, in case of failure so to do, judgment will be rendered against them according to the
demand of the complaint. It shall be subscribed by the
plaintiff, or his attorney, with the addition of his post
office address, at which the papers in the action may be
served on him by mail.
(2) Form. The summons for personal service in the
State shall be substantially in the following form:
SUPERIOR COURT OF WASHINGTON
FOR __________ COUNTY
Richard Roe, Plaintiff,
VS.
James Moe, Defendant
No. ____ _
SUMMONS
The State of Washington, __________ , to the said
__________ , Defendant:
You are hereby summoned to appear within 20 days
after service of this summons, exclusive of the day of
service, and defend the above entitled action by serving
a copy of your written appearance or defense upon the
undersigned. If you fail to appear and defend, judgment
will be rendered against you, according to the demand
of the complaint, which has been or will be filed with
the clerk of the court, or a copy of which is herewith
served upon you.
John Doe, Plaintiff's Attorney
P.O. Address
[Telephone No.)
Comment by the Court. Paragraph (I) follows and supersedes
RCW 4.28.040. Paragraph (2) follows and supersedes RCW 428.050 with minor clarifying changes.
Superior Court Civil Rules (CR)
(c) By Whom Served. Service of summons and process, except when service is by publication, shall be by
the sheriff of the county wherein the service is made, or
by his deputy, or by any pe~son o~er 18 ye~rs of age
who is competent to be a witness m the action, other
than a party. Subpoenas may be served as provided in
Rule 45. [Adopted May 5, 1967, amended June 28,
1967, effective July 1, 1967; amended, adopted Sept. 27,
1971, effective Nov. 9, 1971; amended, adopted Nov.
29, 1971, effective Jan. 1, 1972.]
Comment by the Court. Subdivision (c) follows and supersedes
RCW 4.28.070.
(d) Service.
(1) Of Summons and/or Complaint. The summons
and complaint shall be served together unless the complaint has been or is filed within 5 days after service of
summons. When a summons is served without a complaint, the summons must notify the defendant that a
complaint has been or will be filed prior to service of
the summons or will be filed within 5 days after the
service. If the defendant appears within 10 days after
the service of the summons, the plaintiff must serve a
copy of the complaint on the defendant or his attorney
within 10 days after the notice of such appearance, and
the defendant shall have at least 10 days thereafter to
answer the same; and no judgment shall be entered
against him for want of an answer in such case until the
expiration of the time.
(2) Personal in State. Personal service of summons
and other process shall be as provided in RCW 4.28.080, 4.28.081, 4.28.090, 23A.08.110, 23A.32.100, 46.64.040, 48.05.200 and 48.05.210, and other statutes which
provide for personal service.
(3) By Publication. Service of summons and other
process by publication shall be as provided in RCW
4.28.100, 4.28.110, 13.04.080, and 26.32.080, and other
statutes which provide for service by publication.
(4) Appearance. A voluntary appearance of a defendant does not preclude his right to challenge lack of jurisdiction over his person, insufficiency of process, or
insufficiency of service of process pursuant to Rule
12(b).
Comment by the Court. Paragraph (1) supersedes RCW 4.28.060.
The rule should be read in connection with Rule 3. Paragraph (4)
supersedes the last sentence of RCW 4.28.020.
(e) Other Senice.
(1) Generally. Whenever a statute or an order of
court thereunder provides for service of a summons, or
of a notice, or of an order in lieu of summons upon a
party not an inhabitant of or not found within the state,
service may be made under the circumstances and in
the manner prescribed by the statute or order, or if
there is no provision prescribing the manner of service,
in a manner prescribed by this rule.
(2) Personal Service Out of State--Generally. [Reserved--See RCW 4.28.180.]
(3) Personal Service Out of State--Acts Submitting
Person to Jurisdiction of Courts. [Reserved--See
RCW 4.28.185.]
(4) Non-Resident Motorist. [Reserved--See RCW
46.64.040.]
Rule 4
Comment by the Court. Paragraph (I) follows FRCP 4(e) as
amended with appropriate changes.
(f) Territorial Limits of Effective Service. All process
other than a subpoena may be served anywhere within
the territorial limits of the state, and when a statute or
these rules so provide beyond the territorial limits of the
state. A subpoena may be served within the territorial
limits provided in Rule 45 and RCW 5.56.010.
.
Comment by the Court. Subdivision (f) follows FRCP 4(f) with
appropriate changes. 1bis subdivision is similar to the first sentence of RCW 2.08.2!0.
(g) Return of Service. Proof of service shall be as
follows:
(1) If served by the sheriff or his deputy, the return of
the sheriff or his deputy indorsed upon or attached to
the summons;
(2) If served by any other person, his affidavit of
service endorsed upon or attached to the summons; or
(3) If served by publication, the affidavit of the printer, publisher, foreman, principal clerk, or business
manager of the newspaper showing the same, together
with a printed copy of the summons as published; or
(4) The written acceptance or admission of the defendant, his agent or attorney;
(5) In case of personal service out of state, the affidavit of the person making the service, sworn to before a
notary public, with a seal attached, or before a clerk of
a court of record.
In case of service otherwise than by publication, the
return, acceptance, admission, or affidavit must state
the time, place, and manner of service. Failure to make
proof of service does not affect the validity of the
service.
Comment by the Court. Subdivision (g) follows RCW 4.28.310
which is superseded. The last sentence of FRCP 4(g) is added.
(b) Amendment of Process. At any time in its discretion and upon such terms as it deems just, the court
may allow any process or proof of service thereof to be
amended, unless it clearly appears that material prejudice would result to the substantial rights of the party
against whom the process issued.
Comment by the Court. Subdivision (h) is identical to FRCP 4(h).
(i) Alternative Provisions for Service in a Foreign
Country.
(1) Manner. When a statute or rule authorizes service
upon a party not an inhabitant of or found within the
state, and service is to be effected upon the party in a
foreign country, it is also sufficient if service of the
summons and complaint is made: (A) in the manner
prescribed by law of the foreign country for service in
that country in an action in any of its courts of general
jurisdiction; or (B) as directed by the foreign authority
in response to a letter rogatory, when service in either
case is reasonably calculated to give actual notice; or
(C) upon an individual, by delivery to him personally,
and upon a corporation or partnership or association,
by delivery to an officer, a managing or general agent;
or (D) by any form of mail, requiring a signed receipt,
to be addressed and mailed to the party to be served; or
(E) as directed by order of the court. Service under (C)
or (E) above may be made by any person who is not a
!Rules flH' Superior Coort-----tt 91
Rule 4
Rules for Superior Court
party and is not less than 21 years of age or who is
designated by order of the court or by the foreign court.
(2) Return. Proof of service may be made as prescribed by subdivision (g) of this rule, or by the law of
the foreign country, or by order of the court. When
service is made pursuant to subparagraph (l)(D) of this
subdivision, proof of service shall include a receipt
signed by the addressee or other evidence of delivery to
the addressee satisfactory to the court.
Comment by the Court. Subdivision (i) follows FRCP 4(i).
Rule 5
pers
Service and filing of pleadings and other pa-
(a) Service: When required. Except as otherwise provided in these rules, every order required by its terms to
be served, every pleading subsequent to the original
complaint unless the court otherwise orders because of
numerous defendants, every paper relating to discovery
required to be served upon a party unless the court
otherwise orders, every written motion other than one
which may be heard ex parte, and every written notice,
appearance, demand, offer of judgment, designation of
record on appeal, and similar paper shall be served
upon each of the parties. No service need be made on
parties in default for failure to appear except that
pleadings asserting new or additional claims for relief
against them- shall be served upon them in the manner
provided for service of summons in Rule 4.
In an action begun by seizure of property, in which
no person need be or is named as defendant, any service required to be made prior to the filing of an answer,
claim, or appearance shall be made upon the person
having custody or possession of the property at the time
of its seizure.
Comment by the Court. Subdivision (a) follows FRCP 5(a), and
supersedes the third sentence of RPPP 8.04W(I).
(b) Service; How Made.
(I) On Attorney or Party. Whenever under these rules
service is required or permitted to be made upon a party represented by an attorney the service shall be made
upon the attorney unless service upon the party himself
is ordered by the court. Service upon the attorney or
upon a party shall be made by delivering a copy to him
or by mailing it to him at his last known address or, if
no address is known, by leaving it with the clerk of the
court. Delivery of a copy within this mle means: handing it to the attorney or to the party; or leaving it at his
office with his clerk or other person in charge thereof;
or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person
to be served has no office, leaving it at his dwelling
house or usual place of abode with some person of
suitable age and discretion then residing therein.
(2) Service by Mail.
(A) How Made. If service is made by mail, the papers
shall be deposited in the post office addressed to the
person on whom they are being served, with the postage
prepaid. The service shall be deemed complete upon the
third day following the day upon which they are placed
in the mail, unless the third day falls on a Saturday,
Sunday or legal holiday, in which event service shall be
(Rules for Superior Coort---;i 10)
deemed complete on the first day other than a Saturday, Sunday or legal holiday, following the third day.
(B) Proof of Service by Mail. Proof of service of all
papers permitted to be mailed may be by written acknowledgment of service, by affidavit of the person who
mailed the papers, or by certificate of an attorney. The
certificate of an attorney may be in form substantially
as follows:
CERTIFICATE
I certify that I mailed a copy of the foregoing
__________ to [John Smith], [plaintiff's] attorney, at
[offlce address or residence], and to [Joseph Doe], an
additional [defendant's) attorney [or attorneys] at [office
address or residence], postage prepaid, on [date].
[John Brown], Attorney for
[Defendant] William Noe
(3) Service on Non-Residents. Where a plaintiff or
defendant who has appeared resides outside the state
and has no attorney in the action, the service may be
made by mail if his residence is known; if not known,
on the clerk of court for him. Where a party, whether
resident or non-resident, has an attorney in the action,
the service of papers shall be upon the attorney instead
of the party. If the attorney does not have an office
within the state or has removed his residence from the
state, the service may be upon him personally either
within or without the state, or by mail to him at either
his place of residence or his office, if either is known,
and if not known, then by mail upon the party, if his
residence is known, whether within or without the state.
If the residence of neither the party nor his attorney,
nor the office address of the attorney is known, the
service may be upon the clerk of court for the attorney.
Comment by the Court. Paragraphs (I) and (2) supersede RCW
4.28.240, 4.28.250, 4.28.260 and 4.28.280. Paragraph (3) is similar
to and supersedes RCW 4.28.270.
(c) Service; Numerous Defendants. In any action in
which there are unusually large numbers of defendants,
the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and
replies thereto need not be made as between the defendants and that any cross--claim, counterclaim, or
matter constituting an avoidance or affirmative defense
contained therein shall be deemed to be denied or
avoided by all other parties and that the filing of any
such pleading and service thereof upon the plaintiff
constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such
manner and form as the court directs.
Comment by the Court. Subdivision (c) is identical to FRCP 5(c).
(d) Filing.
( 1) Time. All pleadings and other papers after the
complaint required to be served upon a party shall be
filed with the court either before service or promptly
thereafter. Complaints shall be filed as provided in Rule
3(a) or Rule 4(d)(l).
(2) Default. If a party fails to pay the filing fee or t
file the complaint after deman~, pursuant to Rule 3(a),
or fails to file any other pleadmg or paper under this
Superior Court Civil Rules (CR)
rule, the court upon 5 days' notice of motion for sanctions may dismiss the action or strike the pleading or
other paper and grant judgment against the defaulting
party for costs and terms including a reasonable attorneys' fee unless good cause is shown for, or justice requires, the granting of an extension of time.
(3) Limit~tion. No sanction shall be imposed if prior
to the hean~g the filing fee is paid and the pleading or
other paper 1s filed an~ the moving attorney is notified
of the payment and filmg before he leaves his office for
the hearing.
(4) Non-Payment. No further action shall be taken in
the pending action and .no subsequent pleading or other
paper shall .be filed unttl the judgment is paid. No subsequent action shall be commenced upon the same subject matter until the judgment has been paid.
Comment by the Court. Subdivision (d) supersedes RPPP
8.04W(2) and RCW 4.32.260.
. (e) Filing with the Co~ Defined. The filing of pleadIDgs and other papers with the court as required by
these rules shall be made by filing them with the clerk
of the court, except that the judge may permit the papers to be filed with him, in which event he shall note
thereon the filing date and forthwith transmit them to
the office of the clerk.
Comment by the Court. Subdivision (e) is identical to FRCP 5(e)
as amended.
(f) Other Methods of Service. Service of all papers
other than the summons and other process may also be
made as authorized by statutes other than RCW 4.28.230, 4.28.240, 4.28.250, 4.28.260, 4.28.270, and 4.28.280,
which are superseded by these rules.
(~).certified. Mail. Whenever the .use of "registered"
mail. 1s authonzed by statutes relatmg to judicial proceedmgs or by rule of court, "certified" mail with return receipt requested, may be used.
'
Comment by the Court. Subdivision (g) is similar to and supersedes RPPP 5.04W.
. (h) Se~ce o~ Papers by Telegraph.
1ll .a~y civil sutt or proceeding, and
Any writ or order
all the papers reqmr~ng .service, may be transmitted by telegraph for
ser_v1ce m any place, and the telegraphic copy of such
wnt or order so transmitted may be served or executed
by the officer or person .to ~horn it is sent for that purpose, and returned by htm, tf any return be requisite, in
the same manner, and with the same force and effect in
all r~spects, as the original thereof might be, if delive~ed
to htm, and the officer or person serving or executing
the same sha~l ~~v~ the ~ame au.thority and be subject
to the same .h~bthhes as tf the said copy were the original. The ongmal, when a writ or order shall also be
filed in the court from which it was issu~d, and a certified copy ther~of ~hall be preserved in the telegraph
o~~e from which 1t was sent. In sending it, either the
ongmal or certified copy may be used by the operator
for that purpose. [Adopted May 5, 1967, amended May
26, 1972, effective July I, 1972.]
Comment by the Court. Subdivis.ion (b) follows and supersedes
~CW 4.28.300. For Statutes relatmg to Telegraphic Communications, see RCW 5.52.
Rule 6
Rule 6
Time
(a) Computation. In computing any period of time
prescribed or allowed by these rules, by the local rules
of any superior court, by order of court, or by any applicable statute, the day of the act, event, or default
from which the designated period of time begins to run
shall not be included. The last day of the period so
computed shall be included, unless it is a Saturday, a
Sunday or a legal holiday, in which event the period
runs until the end of the next day which is neither a
Saturday, a Sunday nor a legal holiday. Legal holidays
are prescribed in RCW 1.16.050. When the period of
ti~e prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be
excluded in the computation.
. (b) Enlargement. When by these rules or by a notice
given thereunder or by order of court an act is required
or allowed to be done at or within a specified time, the
court for cause shown may at any time in its discretion,
(I) with ?r without motion .or notice, over the period
e.nlarged 1f request therefor 1s made before the expiration of the period originally prescribed or as extended
by ~ p~evious order or, (2) upon motion made after the
exp1rat10n of the specified period, permit the act to be
done where the failure to act was the result of excusable
ne~lect; but it may not extend the time for taking any
action under Rules 50(b), 52(b), 59(b), 59(d) and 60(b).
Comment by the Court. Subdivision (b) follows FRCP 6(b). RCW
4.32.250 is a related statutory provision. See also RCW 4.32.240.
(c) Proceeding Not to Fail for Want of Judge or Sesof Co~. No proceeding in a court of justice in any
actton, suit, or proceeding pending therein, is affected
by a vacancy in the office of any or all of the judges or
by the failure of a session of the court.
sio~
Comment by the Court. Subdivision (c) is identical to and supersedes RCW 2.28.130.
(d) For Motions-Affidavits. A written motion other than ?ne which may be heard ex parte, and notice of
the heanng ~hereof s~all be served not later than 5 days
before the time specified for the hearing, unless a different period is fixed by these rules or by order of the
court. Such an order may for cause shown be made on
ex par~e application: When a motion is supported by
affidavit, the affidavit shall be served with the motion·
~nd, excep~ as otherwise provided in Rule 59(c), oppos~
mg affid~v1ts may be served not later than 1 day before
the heanng, unless the court permits them to be served
at some other time.
Co~nt by the Court. Subdivision (d) is identical to FRCP 6(d)
which supersedes subdivision (1) of RPPP 8.08W. See also Rule
43(e)(2).
(e) Additional Time After Service by Mail. Whenever
a party has the right or is required to do some act or
take so~e proceedi.ngs within a prescribed period after
the .service of a ~ottce or other paper upon him and the
notice or paper ts served upon him by mail, 3 days shall
be added to the prescribed period. [Adopted May 5,
1967, amended June 28, 1967, effective July 1, 1967.]
Comment by the Court. Subdivision (e) is identical with FRCP
6(e).
(Rules for Superior Coort--p 11)
Rule 6
Rules for Superior Court
III. PLEADINGS AND MOTIONS
(RULES 7-16)
Rule 7
Pleadings allowed; form of motions
(a) Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such;
an answer to a cross-claim, if the answer contains a
cross-daim; a third-party complaint, if a person who
was not an original party is summoned under the provisions of Rule 14; and a third-party answer, if a thirdparty complaint is served. No other pleading shall be
allowed, except that the court may order a reply to an
answer or a third-party answer.
Comment by the Coort. Subdivision (a) is identical with FRCP
7(a).
information sufficient to form a belief as to the truth of
an averment, he shall so state and this has the effect of
a denial. Denials shall fairly meet the substance of the
averments denied. When a pleader intends in good faith
to deny only a part or a qualification of an averment,
he shall specify so much of it as is true and material
and shall deny only the remainder. Unless the pleader
intends in good faith to controvert all the averments of
the preceding pleading, he may make his denials as
specific denials of designated averments or paragraphs,
or he may generally deny all the averments except such
designated averments or paragraphs as he expressly admits; but, when he does so intend to controvert all its
averments, he may do so by general denial subject to
the obligations set forth in Rule 11.
(b) Motions and Other Papers.
(1) How Made. An application to the court for an
order shall be by motion which, unless made during a
hearing or trial, shall be made in writing, shall state
with particularity the grounds therefor, and shall set
forth the relief or order sought. The requirement of
writing is fulfilled if the motion is stated in a written
notice of the hearing of the motion.
(2) Form. The rules applicable to captions, signing,
and other matters of form of pleadings apply to all motions and other papers provided for by these rules.
(3) Identification of Evidence. When a motion is supported by affidavits or other papers, it shall specify the
papers to be used by the moving party.
(c) Affirmative Defenses. In pleading to a preceding
pleading, a party shall set forth affirmatively ~ccord ~nd
satisfaction, arbitration and award, assumption of nsk,
contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality,
injury by fellow servant, !aches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an
avoidance or affirmative defense. When a party has
mistakenly designated a defense as a counterclaim or a
counterclaim as a defense, the court on terms, if justice
so requires, shall treat the pleading as if there had been
a proper designation.
Comment by the Coort. Paragraphs (1) and (2) are identical to
FRCP 7(b) except for insertions of subheadings. Paragraph (3)
follows and supersedes RPPP 8.08W(l). See Rule 43(e) for evidence to be used on motions.
(d) Effect of Failure to Deny. A verments in a pleading
to which a responsive pleading is required, other than
those as to the amount of damage, are admitted when
not denied in the responsive pleading. Averments in a
pleading to which no responsive pleading is required or
permitted shall be taken as denied or avoided.
(c) Demurrers, Pleas, etc., Abolished. Demurrers,
pleas and exceptions for insufficiency of a pleading shall
not be used.
(d) Security for Costs. [Reserved--See RCW 4.84.210 et seq.] [Adopted May 5, 1967, effective July 1,
1967.]
Comment by the Coort. Rule 7 alone, or Rule 7 combined with
various other rules, supersedes RCW 4.32.020, 4.32.030, 4.32.010
(by Rules 7 through 15), 4.32.050 (by Rules 7 and 12), 4.32.060
(by Rules 7 and 12), 4.32.180 (by Rules 7 and 12), 4.32.190 (by
Rules 7 and 12), 4.32.200 (by Rules 7 and 12), 4.32.210 (by Rules
7 and 8), 4.32.220 (by Rules 7 and 12), 4.40.020 (by Rules 7, 12,
and 56), 4.40.030 (by Rules 7, 8, 12 and 56) and 4.56.180 (by
Rules 7 and 12). In addition, Rule 7 modifies or supersedes the
following statutes insofar as they relate to demurrers: RCW
2.08.190, 2.08.200, 4.16.010, 4.28.210, 4.36.010, 4.56.020.
Rule 8
General rules of pleading
(a) Claims for Relief. A pleading which sets forth a
claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain
(1) a short and plain statement of the claim showing
that the pleader is entitled to relief and (2) a demand
for judgment for the relief to which he deems himself
entitled. Relief in the alternative or of several different
types may be demanded.
(b) Defenses; Form of Denials. A party shall state in
short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which
the adverse party relies. If he is without knowledge or
(Rules for Superior Court---p 121
(e) Pleading to Be Concise and Direct; Consistency.
(I) Each averment of a pleading shall be simple, concise and direct. No technical forms of pleadings or motions are required.
(2) A party may set forth two or more statements of a
claim or defense alternately or hypothetically, either in
one count or defense or in separate counts or defenses.
When two or more statements are made in the alternative and one of them if made independently would be
sufficient, the pleading is not made insufficient by the
insufficiency of one or more of the alternative statements. A party may also state as many separate claims
or defenses as he has regardless of consistency and
whether based on legal or on equitable grounds or on
both. All statements shall be roade subject to the obligations set forth in Rule 11.
(f) Construction of Pleadings. All pleadings shall be so
construed as to do substantial justice.
The adoption of this rule shall not be considered an
adoption or approval of the forms of pleading in the
Appendix of Forms approved in Rule 84, Federal Rules
of Civil Procedure. [Adopted May 5, 1967, effective July
1, 1967. Prior: RPPP Rule 8.]
Comment by the Court. Rule 8 combined with other rules supersedes RCW 4.36.050, 4.32.050 (by Rules 8 and 10), 4.32.080 ,(by
Rules 8, 12 and 13), 4.32.090 (by Rules 8, 10, 12 and 13), 4.36.040
Ru.le JO
Superior Court Civil Rules (CR)
(by Rules 8 and 12), and 4.36.160 (by Rules 8 and 12). In addition, the following statutes are modified or superseded in part by
Rule 8: RCW 4.16.010 (and by Rules 7, 12, and 56), 4.36.120,
4.36.220 (and by Rule 12). See also comment at the end of Rule 7
for statutes superseded by Rule 8 and other rules.
whereupon the court shall take judicial notice of the
existence of such ordinance and the tenor and effect
thereof.
Rule 9 Pleading special matters
(j) Pleading Private Statutes. In pleading a private
statute, or a right derived therefrom, it shall be sufficient to refer to such statute by its title, and the day of
its passage, and the court shall thereupon take judicial
notice thereof.
(a) Capacity. It is not necessary to aver the capacity
of a party to sue or be sued or the authority of a party
to sue or be sued in a representative capacity or the legal existence of an organized association of persons that
is made a party. When a party desires to raise an issue
as to the legal existence of any party or the capacity of
any party to sue or be sued or the authority or a party
to sue or be sued in a representative capacity, he shall
do so by specific negative averment which shall include
such supporting particulars as are peculiarly within the
pleader's knowledge.
(b) Fraud, Mistake, Condition of the Mind. In all
averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of
mind of a person may be averred generally.
Comment by the Court. Subdivision (i) follows and supersedes
RCW 4.36.110.
Comment by the Court. Subdivision
sedes RCW 4.36.090.
G)
is identical to and super-
(k) Foreign Law. [Reserved--See RCW 5.24.010
through 5.24.070.)
(1) Burden of Proof. Nothing in this rule shall be construed to shift or alter the burden of proof. [Adopted
May 5, 1967, effective July 1, 1967. Prior: RPPP Rule
9.]
Rule 10 Form of pleadings and other papers
(f) Time and Place. For the purpose of testing the
sufficiency of a pleading, averments of time and place
are material and shall be considered like all other averments of material matter.
(a) Caption. Every pleading shall contain a caption
setting forth the name of the court, the title of the action, the file number if known to the person signing it,
and an identification as to the nature of the pleading or
other paper.
(1) Names of Parties. In the complaint the title of the
action shall include the names of all the parties, but in
other pleadings it is sufficient to state the name of the
first party on each side with an appropriate indication
of other parties.
(2) Unknown Names. When the plaintiff is ignorant
of the name of the defendant, it shall be so stated in his
pleading, and such defendant may be designated in any
pleading or proceeding by any name, and when his true
name shall be discovered, the pleading or proceeding
may be amended accordingly.
(3) Unknown Heirs. When the heirs of any deceased
person are proper parties defendant to any action relating to real property in this state, and when the names
and residences of such heirs are unknown, such heirs
may be proceeded against under the name and title of
the "unknown heirs" of the deceased. In any action
brought to determine any adverse claim, estate, lien, or
interest in real property, or to quiet title to real property, unknown parties shall be designated as "also all
other persons or parties unknown claiming any right,
title, estate, lien, or interest in the real estate described
in the complaint herein."
(g) Special Damage. When items of special damage
are claimed, they shall be specifically stated.
Comment by the Coort. Subdivision (a) is similar to former FRCP
IO(a) and former RPPP IO(a) except for insertion of headings.
See, also, RCW 4.28.140. RCW 4.28.130 is superseded.
(h) Pleading Existence of City or Town. In pleading
the existence of any city or town in this state, it shall be
sufficient to state in such pleading that the same is an
existing city or town, incorporated or organized under
the laws of Washington.
(b) Paragraphs; Separate Statements. All averments
of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as
far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by
number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence, and each
defense other than denials, shall be stated in a separate
count or defense whenever a separation facilitates the
clear presentation of the matters set forth.
(c) Condition Precedent. In pleading the performance
or occurrence of conditions precedent, it is sufficient to
aver generally that all conditions precedent have been
performed or have occurred. A denial of performance
or occurrence shall be made specifically and with
particularity.
Comment by the Coort. Subdivision (c) supersedes RCW 4.36.080
insofar as the statute governs pleading but not to the extent that
the statute specifies which party shall have the burden of proof.
(d) Official Document or Act. In pleading an official
document or official act, it is sufficient to aver that the
document was issued or the act done in compliance
with law.
(e) Judgment. In pleading a judgment or decision of a
domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the
judgment or decision without setting forth matter
showing jurisdiction to render it.
Comment by the Coort. Subdivision (e) supersedes RCW 4.36.070
insofar as the statute governs pleading but not to the extent that
it specifies which party shall have the burden of proof.
Comment by the Coort. Subdivision (h) is identical to and supersedes RCW 4.36.100.
(i) Pleading Ordinance. In pleading any ordinance of
a city or town in this state it shall be sufficient to state
the title of such ordinance and the date of its passage,
(Rules for Superior Court--p 13)
Rule 10
Rules for Superior Court
(c) Adoption by Reference; Exhibits. Statements in a
pleading may be adopted by reference in a different
part of the same pleading or in another pleading or in
any motion. A copy of any written instrument which is
an exhibit to a pleading is a part thereof for all
purposes.
(d) Paper Size. All pleadings, motions, and other papers shall be plainly written or printed, and the use of
letter-size paper (8 1/2 x 11 inches) is optional.
Comment by the Court. Use of letter size paper for jury instructions is mandatory. See CR Rule 5l(c).
(e) Format Recommendations. It is recommended that
all pleadings and other papers include or provide for
the following:
(I) Service and Filing. Space should be left at the top
of the first page to provide on the right half space for
the clerk's filing stamp, and space at the left half for
acknowledging the receipt of copies.
(2) Title. All pleadings under the space under the
docket number should contain a title indicating their
purpose and party presenting them. For example:
UsE
Complaint for Divorce
Defendant's Motion for
Support, Etc.
Order for Support
Plaintiff's Trial Brief
Do NoT UsE
Complaint
Motion
Order
Trial Brief
(3) Bottom Notation. At the left side of the bottom of
each page of all pleadings and other papers an abbreviated name of the pleading or other paper should be repeated, followed by the page number. At the right side
of the bottom of the first page of each pleading or other
paper the name, mailing address and telephone number
of the attorney or firm preparing the paper should be
printed or typed.
(4) Typed Names. The name of all persons signing a
pleading or other paper should be typed under his
signature.
(5) Headings and Subheadings. Headings and
subheadings should be used for all paragraphs which
shall be numbered with Roman and/or Arabic
numerals.
(6) Numbered Paper. Use numbered paper. [Adopted
May 5, 1967, amended June 28, 1967, effective July l,
1967. Prior: IO(a) through lO(c), RPPP Rule IO; IO(e),
RPPP Rule 8.04(1) 1st and 2nd sentences.}
Comment by the Court. Rule 10 supersedes RCW 4.36.230. See,
also, comment at the end of Rule 8 for additional statutes superseded by Rule 10 and other rules.
Rule 11 Signing of pleadings Every pleading of a
party represented by an attorney shall be dated and
signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is
not represented by an attorney shall sign and date his
pleading and state his address. Petitions for dissolution
of marriage, separation, declarations concerning the validity of a marriage, custody, and modification of decrees issued as a result of any of the foregoing petitions
shall be verified. Other pleadings need not, but may be,
verified or accompanied by affidavit. The signature of a
[JluleS fOI" Superior Court-i> 141
party or of an attorney constitutes a certificate by him
that he has read the pleading; that to the best of his
knowledge, information, and belief there is good ground
to support it; and that it is not interposed for delay. If a
pleading is not signed or is signed with intent to defeat
the purpose of this rule, it may be stricken as sham and
false and the action may proceed as though the pleading had not been served. For a wilful violation of this
rule an attorney may be subjected to appropriate action
as for contempt. Similar action may be taken if scandalous or indecent matter is inserted. [Adopted May 5,
1967, effective July l, 1967; amended, adopted, Dec. 7,
1973, effective January l, 1974. Prior: RPPP Rule 11.}
Comment by the Court. The rule supersedes RCW 4.36.010, 4.36.020 and 4.36.030.
Rule 12
Defenses and objections
(a) When Presented. A defendant shall serve his answer within the following periods:
(1) within 20 days, exclusive of the day of service, after the service of the summons and complaint upon him
pursuant to Rule 4;
(2) within 20 days, exclusive of the day of service, after the service of the summons without the complaint
upon him pursuant to Rule 4(d), if he fails to appear
within IO days after such service of summons;
(3) within 10 days after the service of the complaint
upon him or his attorney where the defendant has appeared after service of.summons and the complaint has
been served in accordance with Rule 4(d);
(4) within 60 days from the date of the first publication of the summons if the summons is served by publication in accordance with Rule 4{d)(3);
(5) within 60 days after the service of the summons
upon him if the summons is served upon him personally
out of the state in accordance with RCW 4.28.180 and
4.28.185 or on the Secretary of State as provided by
RCW 46.64.040;
(6) within the period fixed by any other applicable
statutes or rules.
A party served with a pleading stating a cross-claim
against him shall serve an answer thereto within 20 days
after the service upon him. The plaintiff shall serve his
reply to a counterclaim in the answer within 20 days
after service of the answer or, if a reply is ordered by
the court, within 20 days after service of the order, unless the order otherwise directs. The service of a motion
permitted under this rule alters these periods of time as
follows, unless a different time is fixed by order of the
court;
(A) if the court denies the motion or postpones its
disposition until the trial on the merits, the responsive
pleading shall be served within IO days after notice of
the court's action.
(B) if the court grants a motion for a more definite
statement, the responsive pleading shall be served within IO days after the service of the more definite
statement.
Comment by the Court. Subdivision (a) follows RPPP 12(a) except that references to statutes have been deleted and cross references to comparable new rules have been inserted.
Rule 13
Superior Court Civil Rules (CR)
(b) How Presented. Every defense, in law or fact, to a
claim for relief in any pleading, whether a claim, counterclaim, cross-daim, or third-party claim, shall be asserted in the responsive pleading thereto if one is
required, except that the following defenses may at the
option of the pleader be made by motion: (I) lack of
jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process,
(6) failure to state a claim upon which relief can be
granted, (7) failure to join a party under Rule 19. A
motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or
more other defenses or objections in a responsive
pleading or motion. If a pleading sets forth a claim for
relief to which the adverse party is not required to serve
a responsive pleading, he may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (6) to dismiss for
failure of the pleading to state a claim upon which relief
can be granted, matters outside the pleading are presented to and not excluded by the court, the motion
shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be
given reasonable opportunity to present all material
made pertinent to such a motion by Rule 56.
(c) Motion for Judgment on the Pleadings. After the
pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the
pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and
not excluded by the court, the motion shall be treated
as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent
to such a motion by Rule 56.
(d) Preliminary Hearings. The defenses specifically
enumerated (I }-(7) in subdivision (b) of this rule,
whether made in a pleading or by motion, and the motion for judgment mentioned in subdivision (c) of this
rule shall be heard and determined before trial on application of any party, unless the court orders that the
hearing and determination thereof be deferred until the
trial.
Comment by the Court. Subdivision (d) follows FRCP 12(d).
(e) Motion for More Definite Statement. If a pleading
to which a responsive pleading is permitted is so vague
or ambiguous that a party cannot reasonably be required to frame a responsive pleading, or if more particularity in that pleading will further the efficient
economical disposition of the action, he may move for a
more definite statement before interposing his responsive pleading. The motion shall point out the defects
complained of and the details desired. If the motion is
granted and the order of the court is not obeyed within
10 days after the notice of the order or within such order time as the court may fix, the court may strike the
pleading to which the motion was directed or make
such order as it deems just.
Comment by the Court. Subdivision (e) supersedes RCW
4.36.060.
(t) Motion to Strike. Upon motion made by a party
before responding to a pleading or, if no r~sponsive
pleading is permitted by these rules, up?n motion made
by a party within 20 days after the service .of the pleading upon him or upon the court's own initiative at any
time, the court may order stricken from any pleading
any insufficient defense or any redundant, immaterial,
impertinent, or scandalous matter.
(g) Consolidation of Defenses in Motion. A party who
makes a motion under this rule may join with it any
other motions herein provided for and then available to
him. If a party makes a motion under this rule but
omits therefrom any defense or objection then available
to him which this rule permits to be raised by motion,
he shall not thereafter make a motion based on the defense or objection so omitted, except a motion as provided in subdivision (h)(2) hereof on any of the grounds
there stated.
(b) Waiver or Preservation of Certain Defenses.
(1) A defense of lack of jurisdiction over the person,
improper venue, insufficiency of process, or insufficiency of service of process is waived (A) if omitted from a
motion in the circumstances described in subdivision
(g), or (B) if it is neither made by motion under this rule
nor included in a responsive pleading or an amendment
thereof permitted by Rule 15(a) to be made as a matter
of course.
(2) A defense of failure to state a claim upon which
relief can be granted, a defense of failure to join a party
indispensable under Rule 19, and an objection of failure
to state a legal defense to a claim may be made in any
pleading permitted or ordered under Rule 7(a), or by
motion for judgment on the pleadings, or at the trial on
the merits.
(3) Whenever it appears by suggestion of the parties
or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action. [Adopted
May 5, 1967, effective July I, 1967; subd. (a)(5) amended, adopted Nov. 29, 1971, effective Jan. 1, 1972. Prior:
RPPP Rule 12.)
Rule 13
Counterclaim and cross-claim
(a) Compulsory Counterclaims. A pleading shall state
as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing
party, if it arises out of the transaction or occurrence
that is the subject matter of the opposing party's claim
and does not require for its adjudication the presence of
third parties of whom the court cannot acquire jurisdiction. But the pleader need not state the claim if (I) at
the time the action was commenced the claim was the
subject of another pending action, or (2) the opposing
party brought suit upon his claim by attachment or
other process by which the court did not acquire jurisdiction to render a personal judgment on that claim,
and the pleader is not stating any counterclaim under
this Rule 13.
(Rules for Superior Court--p IS)
Rule 13
Rules for Superior Court
(b) Permissive Counterclaims. A pleading may state
as a counterclaim any claim against an opposing party
not arising out of the transaction or occurrence that is
the subject matter of the opposing party's claim.
( c) Counterclaim Exceeding Opposing Claim. A coun-
terclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief
exceeding in amount or different in kind from that
sought in the pleading of the opposing party.
(d) Counterclaim Against the State. These rules shall
not be construed to enlarge beyond the limits now fixed
by law the right to assert counterclaims, or to claim
credits against the state or an officer or agency thereof.
(e) Counterclaim Maturing or Acquired After Pleading. A claim which either matured or was acquired by
the pleader after serving his pleading may, with the
permission of the court, be presented as a counterclaim
by supplemental pleading.
(f) Omitted Counterclaim. When a pleader fails to set
up a counterclaim through oversight, inadvertence, or
excusable neglect, or when justice requires, he may by
leave of court set up the counterclaim by amendment.
(g) Cross-Claim Against Co-Party. A pleading may
state as a cross-claim any claim by one party against a
co-party arising out of the transaction or occurrence
that is the subject matter either of the original action or
of a counterclaim therein or relating to any property
that is the subject matter of the original action. Such
cross-claim may include a claim that the party against
whom it is asserted is or may be liable to the crossclaimant for all or part of a claim asserted in the action
against the cross-claimant.
(h) Joinder of Additional Parties. Persons other than
those made parties to the original action may be made
parties to a counterclaim or cross-claim in accordance
with the provisions of Rules 19 and 20.
(i) Separate Trials; Separate Judgment. If the court
orders separate trials as provided in Rule 42(b), judgment on a counterclaim or cross-claim may be rendered in accordance with the terms of Rule 54(b), even if
the claims of the opposing party have been dismissed or
otherwise disposed of.
(j) Setoff Against Assignee. The defendant in a civil
action upon a contract express or implied, other than
upon a negotiable promissory note or bill of exchange,
negotiated in good faith and without notice before due,
which has been assigned to the plaintiff, may set off a
demand of a like nature existing against the person to
whom he was originally liable, or any assignee prior to
the plaintiff, of such contract, provided such demand
existed at the time of the assignment thereof, and belonging to the defendant in good faith, before notice of
such assignment, and was such a demand as might have
been set off against such person to whom he was originally liable, or such assignee while the contract belonged to him.
Comment by the Court. Subdivision (j) is a revision of RCW
4.32.110. RCW 4.32.110 is superseded.
(Rules for Superior Court--p 16)
(k) Other Setoff Rules. [Reserved-See RCW 4.32.120 through 4.32.150 and RCW 4.56.050 through 4.56.075.] [Adopted May 5, 1967, effective July 1, 1967.
Prior: RPPP Rule 13.)
Comment by the Court. In addition to RCW 4.32.110 mentioned
above, Rule 13 supersedes RCW 4.32.100. For statutes superseded by Rule 13 and other rules, see comment at the end of Rule 8.
Rule 13 modifies or supersedes the following statutes in part:
RCW 4.56.060, 4.56.0'70 and 4.56.075.
Rule 14 Third-party practice
(a) When Defendant May Bring in Third Party. At
any time after commencement of the action a defending
party, as a third-party plaintiff, may cause a summons
and complaint to be served upon a person not a party
to the action who is or may be liable to him for all or
part of the plaintiffs claim against him. The third-party
plaintiff need not obtain leave to make the service if he
files the third-party complaint not later than 10 days
after he serves his original answer. Otherwise he must
obtain leave on motion upon notice to all parties to the
action. The person served with the summons and thirdparty complaint, hereinafter called the third-party defendant, shall make his defenses to the third-party
plaintiffs claim as provided in Rule 12 and his counterclaims against the third-party plaintiff and crossclaims against other third-party defendants as provided
in Rule 13. The third-party defendant may assert
against the plaintiff any defenses which the third-party
plaintiff has to the plaintiffs claim. The third-party defendant may also assert claim against the plaintiff arising out of the transaction or occurrence that is the
subject matter of the plaintiffs claim against the thirdparty plaintiff. The plaintiff may assert any claim
against the third-party defendant arising out of the
transaction or occurrence that is the subject matter of
the plaintiffs claim against the third-party plaintiff, and
the third-party defendant thereupon shall assert his defenses as provided in Rule 12 and his counterclaims
and cross-claims as provided in Rule 13. Any party
may move to strike the third-party claim, or for its severance or separate trial. A third-party defendant may
proceed under this rule against any person not a party
to the action who is or may be liable to him for all or
part of the claim made in the action against the thirdparty defendant.
(b) When Plaintiff May Bring in Third Party. When a
counterclaim is asserted against a plaintiff, he may
cause a third party to be brought in under circumstances which under this rule would entitle a defendant to do
so.
(c) Tort Cases. This rule shall not be applied in tort
cases, to permit the joinder of a liability or indemnity
insurance company, unless such company is by statute
or contract directly liable to the person injured or
damaged. [Adopted May 5, 1967, effective July I, 1967.
Prior: RPPP Rule 14.]
Rule 17
Superior Court Civil Rules (CR)
Rule 15 Amended and supplemental pleadings
(a) Amendments. A party may amend his pleading
once as a matter of course at any time before a responsive pleading is served, or, if the pleading is one to
which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he
may so amend it at any time within 20 days after it is
served. Otherwise, a party may amend his pleading only
by leave of court or by written consent of the adverse
party; and leave shall be freely given when justice so
requires. A party shall plead in response to an amended
pleading within the time remaining for response to the
original pleading or within 10 days after service of the
amended pleading, whichever period may be the longer,
unless the court otherwise orders.
(b) Amendments to Conform to the Evidence. When
issues not raised by the pleadings are tried by express or
implied consent of the parties, they shall be treated in
all respects as if they had been raised in the pleadings.
Such amendment of the pleadings as may be necessary
to cause them to conform to the evidence and to raise
these issues may be made upon motion of any party at
any time, even after judgment; but failure so to amend
does not affect the result of the trial of these issues. If
evidence is objected to at the trial on the ground that it
is not within the issues made by the pleadings, the court
may allow the pleadings to be amended and shall do so
freely when the presentation of the merits of the action
will be subserved thereby and the objecting party fails
to satisfy the court that the admission of such evidence
would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such
evidence.
(c) Relation Back of Amendments. Whenever the
claim or defense asserted in the amended pleading
arose out of the conduct, transaction, or occurrence set
forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the
original pleading. An amendment changing the party
against whom a claim is asserted relates back if the
foregoing provision is satisfied and, within the period
provided by law for commencing the action against
him, the party to be brought in by amendment (1) has
received such notice of the institution of the action that
he will not be prejudiced in maintaining his defense on
the merits, and (2) knew or should have known that,
but for a mistake concerning the identity of the proper
party, the action would have been brought against him.
(d) Supplemental Pleadings. Upon motion of a party
the court may, upon reasonable notice and upon such
terms as are just, permit him to serve a supplemental
pleading setting forth transactions or occurrences or
events which have happened since the date of the
pleading sought to be supplemented. Permission may be
granted even though the original pleading is defective in
its statement of a claim for relief or defense. If the court
deems it advisable that the adverse party plead to the
supplemental pleading, it shall so order, specifying the
time therefor.
(e) Interlineations. No amendments shall be made to
any pleading by erasing or adding words to the original
on file, without first obtaining leave of court. [Adopted
May 5, 1967, effective July 1, 1967.J
Comment by the Court. Subdivision (e) follows and supersedes
RPPP 15.04W. Rule 15 supersedes RCW 4.32.160, 4.32.240 (and
by Rules 6 and 60), 4.36.190, and 4.36.250.
Rule 16
Pre-trial procedure and formulating issues
(a) Hearing Matters Considered. By order, or on the
motion of any party, the court may in its discretio!1 direct the attorneys for the parties to appear before it for
a conference to consider:
(1) The simplification of the issues;
(2) The necessity or desirability of amendments to the
pleadings;
(3) The possibility of obtaining admissions of fact
and of documents which will avoid unnecessary proof;
(4) The limitation of the number of expert witnesses;
(5) Such other matters as may aid in the disposition
of the action.
(b) Pre-Trial Order. The court shall make an order
which recites the action taken at the conference, the
amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters
considered, and which limits the issues for trial to those
not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at the trial
to prevent manifest injustice. The court in its discretion
may establish by rule a pre-trial calendar on which actions may be placed for consideration as above provided and may either confine the calendar to jury actions
or to nonjury actions or extend it to all actions.
[Adopted May 5, 1967, effective July 1, 1967.]
Comment by the Court. Subdivision (b) is identical to the last
paragraph of FRCP 16 except for the addition of the subheading.
IV. PARTIES
(RULES 17-25)
Rule 17
Parties plaintiff and defendant; capacity
(-)Designation of Parties. The party commencing the
action shall be known as the plaintiff, and the opposite
party as the defendant.
Comment by the Court. Subdivision (-) is identical to and supersedes RCW 4.04.030.
(a) Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, bailee, trustee of an
express trust, a party with whom or in whose name a
contract has been made for the benefit of another, or a
party authorized by statute may sue in his own name
without joining with him the party for whose benefit the
action is brought. No action shall be dismissed on the
ground that it is not prosecuted in the name of the real
party in interest until a reasonable time has been allowed aHer objection for ratification of commencement
of the action by, or joinder or substitution of, the real
party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had
(Rules for Superior Court--p 17)
Rule 17
Rules for Superior Court
been commenced m the name of the real party in
interest.
(b) Capacity to Sue or Be Sued. [Reserved]
Comment by the Court. For pleading capacity see Rule 9(a).
(c) Infants, or Incompetent Persons.
(1) Scope. Generally this rule does not affect statutes
and rules concerning the capacity of infants and incompetents to sue or be sued.
(2) Guardian Ad Litem for Infant. [Reserved--See
RCW 4.08.050.]
(3) Guardian Ad Litem for Incompetents. [Reserved--See RCW 4.08.060.]
(d) Actions on Assigned Choses in Action. [Reserved-See RCW 4.08.080.]
(e) Public Corporations.
(1) Actions By. [Reserved--See RCW 4.08.l IO.]
(2) Actions Against. [Reserved--See RCW
4.08.120.]
(0 Tort Actions Against State. [Reserved--See
RCW 4.92.] [Adopted May 5, 1967, effective July l,
1967. Prior: RPPP Rule 17.]
Rule 18 Joinder of claims and remedies
(a) Joinder of Claims. A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or
third-party claim, may join, either as independent or as
alternate claims, as many claims, legal, equitable, or
maritime, as he has against an opposing party.
(b) Joinder of Remedies; Fraudulent Conveyances.
Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion,
the two claims may be joined in a single action; but the
court shall grant relief in that action only in accordance
with the relative substantive rights of the parties. In
particular, a plaintiff may state a claim for money and a
claim to have set aside a conveyance fraudulent as to
him, without first having obtained a judgment establishing the claim for money. [Adopted May 5, 1967, effective July 1, 1967. Prior: RPPP Rule 18.J
Comment by the Court. Rule 18 supersedes RCW 4.36.150.
Rule 19 Joinder of persons needed for just adjudication
(a) Persons to Be Joined H Feasible. A person who is
subject to service of process and whose joinder will not
deprive the court or jurisdiction over the subject matter
of the action shall be joined as a party in the action if
(1) in his absence complete relief cannot be accorded
among those already parties, or (2) he claims an interest
relating to the subject of the action and is so situated
that the disposition of the action in his absence may (A)
as a practical matter impair or impede his ability to
protect that interest or (B) leave any of the persons already parties subject to a substantial risk of incurring
double, multiple, or otherwise inconsistent obligations
by reason of his claimed interest. If he has not been so
joined, the court shall order that he be made a party. If
he should join as a plaintiff but refuses to do so, he may
(Rules for Superior Court--p 181
be made a defendant, or, in a proper case, an involuntary plaintiff. If the joined party objects to venue and
his joinder would render the venue of the action improper, he shall be dismissed from the action.
(b) Determination by Court Whenever Joinder Not
Feasible. If a person joinable under (l) or (2) of subdivision (a) hereof cannot be made a party, the court shall
determine whether in equity and good conscience the
action should proceed among the parties before it, or
should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered
by the court include: (1) to what extent a judgment
rendered in the person's absence might be prejudicial to
him or those already parties; (2) the extent to which, by
protective provisions in the judgment, by the shaping of
relief, or other measures, the prejudice can be lessened
or avoided; (3) whether a judgment rendered in the
person's absence will be adequate; (4) whether the
plaintiff will have an adequate remedy if the action is
dismissed for nonjoinder.
(c) Pleading Reasons for Nonjoinder. A pleading asserting a claim for relief shall state the names, if known
to the pleader, of any persons joinable under (1) or (2)
of subdivision (a) hereof who are not joined, and the
reasons why they are not joined.
(d) Exception of Class Actions. This rule is subject to
the provisions of Rule 23.
(e) Husband and Wife Must Join--Exceptioos.
When a married woman is a party, her husband must
be joined with her, except:
(1) When the action concerns her separate property,
or her right or claim to the homestead property, she
may sue alone.
(2) When the action is between herself and her husband, she may sue or be sued alone.
(3) When she is living separate and apart from her
husband, she may sue or be sued alone. [Adopted May
5, 1967, effective July 1, 1967. Prior: RPPP Rule 19.]
Comment by the Court. Subdivision (e) is identical to and supersedes RCW 4.08.030. Together with Rule 20 and Rule 21, Rule
19 supersedes RCW 4.08.130.
Rule 20
Permissive joinder of parties
(a) Permissive Joinder. All persons may join in one
action as plaintiffs if they assert any right to relief
jointly, severally, or in the alternative in respect of or
arising out of the same transaction, occurrence, or series
of transactions or occurrences and if any question of
law or fact common to all of these persons will arise in
the action. All persons may be joined in one action as
defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect
of or arising out of the same transaction, occurrence, or
series of transactions or occurrences and if any question
of law or fact common to all defendants will arise in the
action. A plaintiff or defendant need not be interested
in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the
plaintiffs according to their respective rightS to relief,
Superior Court Civil Rules (CR)
and against one or more defendants according to their
respective liabilities.
Comment by the Court. Subdivision (a) follows FRCP 20(a) and
supersedes RCW 4.08.090.
(b) Separate Trials. The court may make such orders
as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party
against whom he asserts no claim and who asserts no
claim against him, and may order separate trials or
make other orders to prevent delay or prejudice.
Comment by the Court. Subdivision (b) is identical to FRCP
20(b).
(c) When Husband and Wife May Join. Husband and
wife may join in all causes of action arising from injuries to the person or character of either or both of them,
or from injuries to the property of either or both of
them, or arising out of any contract in favor of either or
both of them. If a husband and wife be sued together,
the wife may defend for her own right, and if the husband neglects to defend, she may defend for his right
also. She may defend in all cases in which she is interested, whether she is sued with her husband or not.
Comment of' the Court. Subdivision (c) follows and supersedes
RCW 4.08.040.
(d) Service on Joint Defendants--Procedure After
Service. When the action is against two or more defendants and the summons is served on one or more
but not on all of them, the plaintiff may proceed as
follows:
(I) If the action is against the defendants jointly indebted upon a contract, he may proceed against the
defendants served unless the court otherwise directs;
and if he recovers judgment it may be entered against
all the defendants thus jointly indebted so far only as it
may be enforced against the joint property of all and
the separate property of the defendants served.
(2) If the action is against defendants severally liable,.
he may proceed against the defendants served in the
same manner as if they were the only defendants.
(3) Though all the defendants may have been served
with the summons, judgment may be taken against any
of them severally, when the plaintiff would be entitled
to judgment against such defendants if the action had
been against them alone.
Comment by the Court. Subdivision (d) is identical to and supersedes RCW 4.28.190.
(e) Procedure to Bind Joint Debtor. [Reserved--See
RCW 4.68.] [Adopted May 5, 1967, effective July 1,
1967. Prior: RPPP Rule 20.J
Comment by the Court. Together with Rules 19 and 21, Rule 20
supersedes RCW 4.08.130.
Rule 21 Misjoinder and non-joinder of parties Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the
court on motion of any party or of. its own initiative at
any stage of the action and on such terms as are just.
Any clai~ against a party may be severed and proceeded with separately. [Adopted May 5, 1967, effective
July 1, 1967. Prior: RPPP Rule 21.]
Comment by the Court. Rule 21 is identical to FRCP 21.
Rule 22
Rule 23
lnterpleader
(a) Rule. Persons having claims against the plaintiff
may be joined as defendants and required to interplead
when their claims are such that the plaintiff is or may
be exposed to double or multiple liability. It is not
ground for objection to the joinder that the claims of
the several claimants or the titles on which their claims
depend do not have a common origin or are not identical but are adverse to and independent of one another,
or that the plaintiff avers that he is not liable in whole
or in part to any or all of the claimants. A defendant
exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. The provisions of this rule supplement and do not in any way
limit the joinder of parties permitted under other rules
and statutes.
(b) Statutes. The remedy herein provided is in addition to and in no way supersedes or limits the remedy
provided by RCW 4.08.150 to 4.08.180, inclusive.
[Adopted May 5, 1967, effective July l, 1967.]
Comment by the Court. Rule 22 follows and supersedes RPPP 22.
Rule 23
Class actions
(a) Prerequisites to a Class Action. One or more
members of a class may sue or be sued as representative
parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2)
there are questions of law or fact common to the class,
(3) the claims or defenses of the representative parties
are typical of the claims or defenses of the class, and (4)
the representative parties will fairly and adequately
protect the interests of the class.
(b) Class Actions Maintainable. An action may be
maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition:
(1) The prosecution of separate actions by or against
individual members of the class would create a risk of
(A) inconsistent or varying adjudications with respect
to individual members of the class which would establish incompatible stands of conduct for the party opposing the class, or
(B) adjudications with respect to individual members
of the class which would as a practical matter be
dispositive of the interests of the other members not
parties to the adjudications or substantially impair or
impede their ability to protect their interests; or
(2) The party opposing the class has acted or refused
to act on grounds generally applicable to the class,
thereby making appropriate final injunctive relief or
corresponding declaratory relief with respect to the
class as a whole; or
(3) The court finds that the questions of law or fact
common to the members of the class predominate over
any questions affecting only individual members, and
that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A)
the interest of members of the class in individually controlling the prosecution or defense of separate actions;
(B) the extent and nature of any litigation concerning
!Rules for Superior Cowt---p 19)
Rule 23
Rules for Superior Court
the controversy already commenced by or against
m~~bers of the class; (C) the desirability or undesirabihty <?f concentrating the litigation of the claims in
the parttcu~ar forum; (D) the difficulties likely to be encountered m the management of a class action.
(c) Determination by Order Whether Class Action to
Be Maintained; Notice; Judgment; Actions Conducted
Partially as Class Actions.
(1) As soon as practicable after the commencement
of an action brought as a class action, the court shall
determine by order whether it is to be so maintained.
An order under this subdivision may be conditional,
and may be altered or amended before the decision on
the merits.
(2) In any class action maintained under paragraph
(b)(3), the court shall direct to the members of the class
the best notice practicable under the circumstances, including individual notice to all members who can be
identified through reasonable effort. The notice shall
advise each member that (A) the court will exclude him
fro~ the class if he so requests by a specified date; (B)
the judgment, whether favorable or not, will include all
members who do not request exclusion; and (C) any
ll!ember who does not request exclusion may, if he desues, enter an appearance through his counsel.
(3) The judgment in an action maintained as a class
action under paragraph (b )( 1) or (b)(2), whether or not
favorable to the class, shall include and describe those
whom the court finds to be members of the class. The
judgment in an action maintained as a class action under paragraph (b )(3), whether or not favorable to the
class, shall include and specify or describe those to
whom the notice provided in paragraph (c)(2) was directed, and who have not requested exclusion, and
whom the court finds to be members of the class.
(4) y&~n appropriate, (A) an action may be brought
or 1?-amtamed as a class action with respect to particular issues, or (B) a class may be divided into subclasses
and e~ch subclass treated as a class, and the provisions
of this rule shall then be construed and applied
accordingly.
(d) Orders in Conduct of Actions. In the conduct of
actions to which this rule applies, the court may make
appropriate orders: (I) determi:rting the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence
or argument; (2) requiring, for the protection of the
members of the class or otherwise for the fair conduct
of the action, that notice be given in such manner as
the court may direct to some or all of the members of
any step in the action, or of the proposed extent of the
judgment, or of th_e opportunity of m~mbers to signify
whether they consider the representat10n fair and adequate, to intervene and present claims or defenses, or
otherwise to come into the action; (3) imposing condition~ ?n the representati~e parties or on intervenors; (4)
requmng that the pleadmgs be amended to eliminate
therefrom allegations as to representation of absent
persons, and that the action proceed accordingly; (5)
dealing with similar procedural matters. The orders may
be combined with an order under Rule 16, and may be
(RuJes for Superior Court--p 20}
~ltered
or amended as may be desirable from time to
time.
(e) Dismissal or Compromise. A class action shall not
be dismissed or compromised without the approval of
the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in
such manner as the court directs. [Adopted May 5,
1967, effective July 1, 1967. Prior: RPPP Rule 23.]
Rule 23.1 Derivative actions by shareholders In a
derivative action brought by one or more shareholders
or members to enforce a right of a corporation or of an
unincorporated association, the corporation or association having failed to enforce a right which may properly
be asserted by it, the complaint shall be verified and
shall allege (a) that the plaintiff was a shareholder or
member at the time of the transaction of which he
complains or that his share or membership thereafter
devolved on him by operation of law, and (b) that the
action is not a collusive one to confer jurisdiction on a
court of this state which it would not otherwise have.
The complaint shall also allege with particularity the
efforts, if any, made by the plaintiff to obtain the action
he desires from the directors or comparable authority
and, if necessary, from the shareholders or members,
and the reasons for his failure to obtain the action or
for not making the effort. The derivative action may not
be maintained if it appears that the plaintiff does not
fairly and adequately represent the interests of the
share_holders or members similarly situated in enforcing
the nght of the corporation or association. The action
shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to shareholders or
members in such manner as the court directs. [Adopted
May 5, 1967, effective July 1, 1967. Prior: RPPP Rule
23(b) part.]
Rule 23.2 Actions relating to unincorporated associations An action brought by or against the members of
an u!1incorporated association as a class by naming
ce!tam mem~e~s as representative parties may be mafilta_med .only if it appears that the representative parties
will falfly and adequately protect the interests of the
association and its members. In the conduct of the action t~e c~urt may make appropriate orders correspondmg with those described in Rule 23(d), and the
procedure for dismissal or compromise of the action
shall correspond with that provided in Rule 23(e).
[Adopted May 5, 1967, effective July 1, 1967. Prior:
RPPP Rule 23(b) part.]
Rule 24
Intervention
(a) Intervention of Right. Upon timely application
anyone shall be permitted to intervene in an action: (1)
when a statute confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the ~ubject
of the action and he is so situated that the disposition
Rule 26
Superior Court Civil Rules (CR)
of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant's interest is adequately represented by existing
parties.
person to whom the interest is transferred to be substituted in the action or joined with the original party.
Service of the motion shall be made as provided in
subdivision (a) of this rule.
(b) Permissive Intervention. Upon timely application,
anyone may be permitted to intervene in an action:
(1) when a statute confers a conditional right to intervene; or
(2) when an applicant's claim or defense and the
main action have a question of law or fact in common.
When a party to an action relies for ground of claim or
defense upon any statute or executive order administered by a federal or state governmental officer or
agency or upon any regulation, order, requirements, or
agreement issued or made pursuant to the statute or
execu~ive order, the officer or agency upon timely application may be permitted to intervene in the action.
In exercising its discretion the court shall consider
whether the intervention will unduly delay or prejudice
the adjudication of the rights of the original parties.
(d) Public Offices; Death or Separation from Office.
[Reserved] [Adopted May 5, 1967, effective July 1, 1967.
Prior: RPPP Rule 25.J
(c) Procedure. A person desiring to intervene shall
serve a motion to intervene upon all the parties as provided in Rule 5. The motion shall state the grounds
therefor and ~hall be accompanied by a pleading setting
forth the claim or defense for which intervention is
sought. [Adopted May 5, 1967, effective July 1, 1967.
Prior: RPPP Rule 24.]
Comment by the Court. Subdivision (c) is amended to restore and
reflect adoPtion of FRCP 5. Rule 24 supersedes RCW 4.08.190
and 4.08.020.
Rule 25 Substitution of parties
(a) Death.
(1) Procedure. If a party dies and the claim is not
thereby extinguished, the court may order substitution
of the proper parties. The motion for substitution may
be made by the successors or representatives of the deceased party or by any party and, together with the notice of hearing, shall be served on the parties as
provided by Rule 5 for service of notices, and upon
persons not parties in the manner provided by statute
or by rule for the service of a summons. If substitution
is not made within the time authorized by law, the action may be dismissed as to the deceased party.
(2) Partial Abatement. In the event of the death of
one or more of the plaintiffs or of one or more of the
defendants in an action in which the right sought to be
enforced survives only to the surviving plaintiffs or only
against the surviving defendants, the action does not
abate. The death shall be suggested upon the record
and the action shall proceed in favor of or against the
surviving parties.
(b) Incompetency._ If a party becomes incompetent,
the court upon motion served as provided in subdivision (a) of this rule may allow the action to be continued by or against his representative.
(c) Transfer of Interest. In case of any transfer of interest, the action may be continued by or against the
original party unless the court upon motion directs the
V. DEPOSITIONS AND DISCOVERY
(RULES 26-37)
Rule 26 General provisions governing discovery
(a) Discovery Methods. Parties may obtain discovery
by one or more of the following methods: depositions
upon oral examination or written questions; written interrogatories; production of documents or things or
permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admission. Unless the
court orders otherwise under subdivision (c) of this rule,
the frequency of use of these methods is not limited.
(b) Scope of Discovery. Unless otherwise limited by
order of the court in accordance with these rules, the
scope of discovery is as follows:
(I) In General. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the
subject matter involved in the pending action, whether
it relates to the claim or defense of the party seeking
discovery or to the claim or defense of any other party,
including the existence, description, nature, custody,
condition and location of any books, documents, or
other tangible things and the identity and location of
persons having knowledge of any discoverable matter.
It is not ground for objection that the information
sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the
discovery of admissible evidence.
(2) Insurance Agreements. A party may obtain discovery of the existence and contents of any insurance
agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a
judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the
judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this paragraph, an
application for insurance shall not be treated as part of
an insurance agreement.
(3) Trial Preparation: Materials. Subject to the provisions of subdivision (b)(4) of this rule, a party may obtain discovery of documents and tangible things
otherwise discoverable under subdivision (b)(l) of this
rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's
representative (including his attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing
that the party seeking discovery has substantial need of
the materials in the preparation of his case and that he
is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In
!Rules for Superior Court---p·2t)
Rule 26
Rules for Superior Court
ordering discovery of such materials when the required
showmg has been made, the court shall protect against
disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.
A party may obtain without the required showing a
statement concerning the action or its subject matter
previously made by that party. Upon request, a person
not a party may obtain without the required showing a
state?1ent concerning the action or its subject matter
prev10usly made by that person. If the request is refused, the person may move for a court order. The provisions of Rule 37(a)(4) apply to the award of expenses
incurred in relation to the motion. For purposes of this
paragraph, a statement previously made is (A) a written
statement signed or otherwise adopted or approved by
the p~rson making it, or (B) a stenographic, mechanical,
electncal, or other recording, or a transcription thereof,
which is substantially verbatim recital of an oral statement by the person making it and contemporaneously
recorded.
(4) Trial Preparation: Experts. Discovery of facts
known and opinions held by experts, otherwise
discoverable under the provisions of subdivison (b)(l)
of this rule and acquired or developed in anticipation of
litigation or for trial, may be obtained only as follows:
(A)(i) A party may through interrogatories require
any other party to identify each person whom the other
party expects to call as an expert witness at trial, to
state the subject matter on which the expert is expected
to testify, and to state the substance of the facts and
opinion to which the expert is expected to testify and a
summary of the grounds for each opinion. (ii) Upon
motion, the court may order further discovery by other
means, subject to such restrictions as to scope and such
provisions, pursuant to subdivision (b)(4)(C) of this
rule, concerning fees and expenses as the court may
deem appropriate.
(B) A party may discover facts known or opinions
held by an expert who is not expected to be called as a
witness at trial, only as provided in Rule 35(b) or upon
a showing of exceptional circumstances under which it
is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other
means.
(C) Unless manifest injustice would result, (i) the
court shall require that the party seeking discovery pay
the e~pert a reasonable fee for time spent in responding
to discovery under subdivisions (b)(4)(A)(ii) and
(b )(4)(B) of this rule; and (ii) with respect to discovery
obtained under subdivisions (b)(4)(A)(ii) of this rule the
court may require, and with respect to discovery obtained under subdivision (b)(4)(B) of this rule the court
shall require, the party seeking discovery to pay the
other pa~ty a fair portion of the fees and expenses reasonably mcurred by the latter party in obtaining facts
and opinions from the expert.
(c) Protective Orders. Upon motion by a party or by
the person from whom discovery is sought, and for
good cause shown, the court in which the action is
{Rules for Superior Court--p 221
pending or alternatively, on matters relating to a deposition, the court in the county where the deposition is to
be taken may make any order which justice requires to
protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (1) that the discovery
not be had; (2) that the discovery may be had only on
specified terms and conditions, including a designation
of the time or place; (3) that the discovery may be bad
only by a method of discovery other than that selected
by the party seeking discovery; (4) that certain matters
not be inquired into, or that the scope of the discovery
be limited to certain matters; (5) that discovery be conducted with no one present except persons designated
by the court; (6) that a deposition afler being sealed be
opened only by order of the court; (7) that a trade secret or other confidential research, development, or
commercial information not be disclosed or be disclosed only in a designated way; (8) that the parties simultaneously file specified documents or information
enclosed in sealed envelopes to be opened as directed
by the court.
If the motion for a protective order is denied in
whole or in part, the court may, on such terms and
conditions as are just, order that any party or person
provide or permit discovery. The provisions of Rule
37(a)(4) apply to the award of expenses incurred in relation to the motion.
(d) Sequence and Timing of Discovery. Unless the
court upon motion, for the convenience of parties and
witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any seq~ence and the fact that a party is conducting
discovery, whether by deposition or otherwise, shall not
operate to delay any other party's discovery.
(e) Supplementation of Responses. A party who has
responded to a request for discovery with a response
that was complete when made is under no duty to supplement his response to include information thereafter
acquired, except as follows:
. (1) A party is under a duty seasonably to supplement
his response with respect to any question directly addressed to (A) the identity and location of persons having knowledge of discoverable matters, and (B) the
identity of each person expected to be called as an expert witness at trial, the subject matter on which he is
expected to testify, and the substance of his testimony.
~2) A party is under a duty seasonably to amend a
pnor response if he obtains information upon the basis
of which (A) he knows that the response was incorrect
when made, or (B) he knows that the response though
correct when made is no longer true and the circumstances are such that a failure to amend the response is
in substance a knowing concealment.
(3) A duty to supplement responses may be imposed
by order if the court, agreement of the parties, or at any
time prior to trial through new requests for supplemen~
tation of prior responses.
(4) Failure to seasonably supplement in accordance
with this rule will subject the party to sucl} terms and
conditions as the trial court may deem appropriate.
Rule 28
Superior Court Civil Rules (CR)
[Adopted May 5, 1967, amended May 26, 1972, effective July 1, 1972. Prior: RPPP Rule 26.)
Rule 27 Perpetuation of testimony
(a) Perpetuation Before Action.
(1) Petition. A person who desires to perpetuate his
own testimony or that of another person regarding any
matter that may be cognizable in any superior court
may file a verified petition in the superior court in the
county of the residence of any expected adverse party.
The petition shall be entitled in the name of the petitioner and shall show:
(A) that the petitioner expects to be a party to an action cognizable in a superior court but is presently unable to bring it or cause it to be brought,
(B) the subject matter of the expected action and his
interest therein,
(C) the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it,
(D) the names or a description of the persons he expects will be adverse parties and their addresses so far
as known, and
(E) the names and addresses of the persons to be examined and the substance of the testimony which he
expects to elicit from each, and shall ask for an order
authorizing the petitioner to take the depositions of the
persons to be examined named in the petition, for the
purpose of perpetuating their testimony.
(2) Notice and Service. The petitioner shall thereafter
serve a notice upon each person named in the petition
as an expected adverse party, together with a copy of
the petition, stating that the petitioner will apply to the
court, at a time and place named therein, for the order
described in the petition. At least 20 days before the
date of hearing the notice shall be served in the manner
provided by law for service of summons; but if such
service cannot with due diligence be made upon any
expected adverse party named in the petition, the court
may make such order as is just for service by publication or otherwise, and shall appoint, for persons not
served personally in the manner provided by law, an
attorney who shall represent them and, in case they are
not otherwise represented, shall cross-examine the deponent. If any expected adverse party is a minor or incompetent, the court shall make such order as deemed
appropriate for the protection ,of the minor or incompetent as provided in RCW 4.08.050 and 4.08.060.
(3) Order and Examination. If the court is satisfied
that the perpetuation of the testimony may prevent a
failure or delay of justice, it shall make an order designating or describing the persons whose depositions may
be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon
oral examination or written interrogatories. The depositions may then be taken in accordance with these rules;
and the court may make orders of the character provided for by Rules 34 and 35. For the purpose of applying these rules to depositions for perpetuating
testimony, each reference therein to the court in which
the action is pending shall be deemed to refer to the
court in which the petition for such deposition was
filed.
(4) Use of Deposition. If a deposition to perpetuate
testimony is taken under these rules or if, although not
so taken, it would be admissible in evidence in the
courts of the state in which it is taken, it may be used in
any action involving the same subject matter subsequently brought in a superior court of this state.
(b) Perpetuation Pending Appeal. If an appeal has
been taken from a judgment of a superior court or before the taking of an appeal if the time therefor has not
expired, the superior court in which the judgment was
rendered may allow the taking of the depositions of
witnesses to perpetuate their testimony for use in the
event of further proceedings in the superior court. In
such case the party who desires to perpetuate the testimony may make a motion in the superior court for
leave to take the depositions, upon the same notice and
service thereof as if the action was pending in the superior court. The motion shall show (I) the names and
addresses of the persons to be examined and the substance of the testimony which he expects to elicit from
each; (2) the reasons for perpetuating their testimony. If
the court finds that the perpetuation of the testimony is
proper to avoid a failure or delay of justice, it may
make an order allowing the depositions to be taken and
may make orders of the character provided for by
Rules 34 and 35, and thereupon the depositions may be
taken and used in the same manner and under the same
conditions as are prescribed in these rules for depositions taken in actions pending in the superior court.
(c) Perpetuation by Action. This rule does not limit
the power of a court to entertain an action to perpetuate testimony. [Adopted May 5, 1967, effective July 1,
1967. Prior: RPPP Rule 27.]
Rule 28
taken
Persons before whom depositions may be
(-)Within the State. Depositions within the state may
be taken before the following officers:
(1) Court Commissioners. (Reserved--See RCW
2.24.040 (9) and (10).)
(2) Superior Courts. [Reserved---See RCW
2.28.010(7).]
(3) Judicial Officers. [Reserved--See RCW
2.28.060.]
(4) Judges of Supreme and Superior Courts. [Reserved--See RCW 2.28.080(3).]
(5) Inferior Judicial Officers. [Reserved--See RCW
2.28.090.]
(6)
Notaries
Public.
[Reserved--See
RCW
42.28.040(3).J
(7) Special Commissions. [Reserved--See RCW
11.20.030.]
(a) Within the United States. Within the United
States or within a territory or insular possession subject
to the dominion of the United States, depositions shall
be taken before an officer authorized to administer
oaths by the laws of the United States or of the place
(Rules for Superior Court---p 231
Rule 28
Rules for Superior Court
where the examination is held, or before a person appointed by the court in which the action is pending. A
person so appointed has power to administer oaths and
take testimony.
(b) In Foreign Countries. In a foreign country, depositions may be taken (1) on notice before a person authorized to administer oaths in the place in which the
examination is held, either by the law thereof or by the
law of the United States, or (2) before a person commissioned by the court, and a person so commissioned
shall have the power by virtue of his commission to administer any necessary oath and take testimony, or (3)
pursuant to a letter roga tory. A commission or a letter
rogatory shall be issued on application and notice, and
on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory
that the taking of the deposition in any other manner is
impracticable or inconvenient; and both a commission
and a letter rogatory may be issued in proper cases. A
notice or commission may designate the person before
whom the deposition is to be taken either by name or
descriptive title. A letter rogatory may be addressed
"To the Appropriate Authority in [here name the country]." Evidence obtained in response to a letter rogatory
need not be excluded merely for the reason that it is not
a verbatim transcript or that the testimony was not
taken under oath or for any similar departure from the
requirements for depositions taken within the United
States under these rules.
(c) Disqualification for Interest. No deposition shall
be taken before a person who is a relative or employee
or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action. [Adopted May 5,
1967, effective July l, 1967. Prior: RPPP Rule 28.]
Rule 29 Stipulations regarding discovery procedure
Unless the court orders otherwise, the parties may by
written stipulation (1) provide that depositions may be
taken before any person, at any time or place, upon any
notice, and in any manner and when so taken may be
used like other depositions, and (2) modify the procedures provided by these rules for other methods of discovery. [Adopted May 5, 1967, amended May 26, 1972,
effective July 1, 1972. Prior: RPPP Rule 29.]
Rule 30
Depositions upon oral examination
(a) When Depositions May be Taken. After the summons and a copy of the complaint are served, or the
complaint is filed, whichever shall first occur, any party
may take the testimony of any person, including a party, by deposition upon oral examination. Leave of
court, granted with or without notice, must be obtained
only if the plaintiff seeks to take a deposition prior to
the expiration of 30 days after service of the summons
and complaint upon any defendant or service made under Rule 4(e), except that leave is not required (l) if a
defendant has served a notice of taking deposition or
otherwise sought discovery, or (2) if special notice is
given as provided in subdivision (b)(2) of this rule. The
attendance of witnesses may be compelled by subpoena
fRuleS for Superior Court---p 241
as provided in Rule 45. The deposition of a person
confined in prison may be taken only by leave of court
on such terms as the court prescribes.
(b) Notice of Examination: General Requirements;
Special Notice; Non-stenographic Recording; Production
of Documents and Things; Deposition of Organization.
( l) A party desiring to take the deposition of any
person upon oral examination shall give reaw:iable notice in writing of not less than 5 days (exclusive of the
day of service, Saturdays, Sundays and court holidays)
to every other party to the action. The notice shall state
the time and place for taking the deposition and the
name and address of each person to be examined, if
known, and, if the name is not known, a general description sufficient to identify him or the particular class
or group to which he belongs. If a subpoena duces
tecum is to be served on the person to be examined, the
designation of the materials to be produced as set forth
in the subpoena shall be attached to or included in the
notice.
(2) Leave of court is not required for the taking of a
deposition by plaintiff if the notice (A) states that the
person to be examined is about to go out of the state
and will be unavailable for examination unless his deposition is taken before expiration of the 30-day period,
and (B) sets forth facts to support the statement. The
plaintitrs attorney shall sign the notice, and his signature constitutes a certification by him that to the best of
his knowledge, information, and belief the statement
and supporting facts are true. The sanctions provided
by Rule 11 are applicable to the certification.
If a party shows that when he was served with notice
under this subdivision (b)(2) he was unable through the
exercise of diligence to obtain counsel to represent him
at the taking of the deposition, the deposition may not
be used against him.
(3) The court may for cause shown enlarge or shorten
the time for taking the deposition.
(4) The court may upon motion order that the testimony at a deposition be recorded by other than stenographic means. In which event the order shall designate
the manner of recording, preserving, and filing the deposition, and may include other provisions to assure
that the recorded testimony will be accurate and trustworthy. If the order is made, a party may nevertheless
arrange to have a stenographic transcription made at
his own expense.
(5) The notice to a party deponent may be accompanied by a request made in compliance with Rule 34 for
the production of documents and tangible things at the
taking of the deposition. The procedure of Rule 34 shall
apply to the request.
(6) A party may in his notice and in a subpoena
name as the deponent a public or private corporation or
a partnership or association or governmental agency
and designate with reasonable particularity the matters
on which examination is requested. In that event the
organization so named shall designate one or more officers, directors, or managing agents, or other persons
who consent to testify on its behalf, and may set forth,
for each person designated, the matters known on
Superior Court Civil Rules (CR)
which he will testify. A subpoena shall advise a nonparty organization of its ?uty to make su~h a designation. The persons so designated shall testify as to the
matters known or reasonably available to the organization. This subdivision (b)(6) does not preclude taking a
deposition by any other procedure authorized in these
rules.
(c) Examination and Cross-Examination; Record of
Examination; Oath; Objections. Examination and crossexamination of witnesses may proceed as permitted at
the trial under the provisions of Rule 43(b ). The officer
before whom the deposition is to be taken shall put the
witness on oath and shall personally, or by someone
acting under his direction and in his presence, record
the testimony of the witness. The testimony shall be
taken stenographically or recorded by any other means
ordered in accordance with subdivision (b)(4) of this
rule. If requested by one of the parties, the testimony
shall be transcribed.
All objections made at the time of the examination to
the qualifications of the officer taking the deposition, or
to the manner of taking it, or to the evidence presented,
or to the conduct of any party, and any other objection
to the proceedings, shall be noted by the officer upon
the deposition. Evidence objected to shall be taken
subject to the objections. In lieu of participating in the
oral examination, parties may serve written questions in
a sealed envelope on the party taking the deposition
and he shall transmit them to the officer, who shall
propound them to the witness and record the answers
verbatim.
(d) Motion to Terminate or Limit Examination. At
any tim~ during the taking of the deposition, on motion
of a party or of the deponent and upon a showing that
the examination is being conducted in bad faith or in
such manner as unreasonably to annoy, embarrass, or
oppress the deponent or party, the court in which the
action is pending or the court in the county where the
deposition is being taken may order the officer conducting the examination to cease forthwith from taking
the deposition, or may limit the scope and manner of
the taking of the deposition as provided in Rule 26(c).
If the order made terminates the examination, it shall
be resumed thereafter only upon the order of the court
in which the action is pending. Upon demand of the
objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make
a motion for an order. The provisions of Rule 37(a)(4)
apply to the award of expenses incurred in relation to
the motion.
(e) Submission to Witness; Changes; Signing. When
the testimony is fully transcribed the deposition shall be
submitted to the witness for examination and shall be
read to or by him, unless such examination and reading
are waived by the witness and by the parties. Any
changes in form or substance which the witness desires
to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be
signed by the witness, unless the parties by stipulation
waive the signing or the witness is ill or cannot be
Rule 30
found or refuses to sign. If the deposition is not signed
by the witness within 15 days of its submission to him,
the officer shall sign it and state on the record the fact
of the waiver or of the illness or absence of the witness
or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then
be used as fully as though signed unless on a motion to
suppress under Rule 32(d)(4) the court holds that the
reasons given for the refusal to sign require rejection of
the deposition in whole or in part.
(f) Certification and Filing by Officer; Exhibits; Copies; Notice of Filing.
(I) The officer shall certify on the deposition that the
witness was duly sworn by him and that the deposition
is a true record of the testimony given by the witness.
He shall then securely seal the deposition in an envelope endorsed with the title of the action and marked
"Deposition of [here insert name of witness]" and shall
promptly file it with the court in which the action is
pending or send it by registered mail to the clerk thereof for filing. Documents and things produced for inspection during the examination of the witness, shall,
upon the request of a party, be marked for identification and annexed to and returned with the deposition,
and may be inspected and copied by any party, except
that (A) the person producing the materials may substitute copies to be marked for identification, if he affords
to all parties fair opportunity to verify the copies by
comparison with the originals, and (B) if the person
producing the materials requests their return, the officer
shall mark them, give each party an opportunity to inspect and copy them, and return them to the person
producing them, and the materials may then be used in
the same manner as if annexed to and returned with the
deposition. Any party may move for an order that the
original be annexed to and returned with the deposition
to the court, pending final disposition of the case.
(2) Upon payment of reasonable charges therefor, the
officer shall furnish a copy of the deposition to any
party or the deponent.
(3) The officer filing the deposition shall give prompt
notice of its filing to all parties.
(g) Failure to Attend or to Serve Subpoena; Expenses.
(1) If the party giving the notice of the taking of a
deposition fails to attend and proceed therewith and
another party attends in person or by attorney pursuant
to the notice, the court may order the party giving the
notice to pay to such other party the reasonable expenses incurred by him and his attorney in attending,
including reasonable attorney's fees.
(2) If the party giving the notice of the taking of a
deposition of a witness fails to serve a subpoena upon
him and the witness because of such failure does not
attend, and if another party attends in person or by attorney because he expects the deposition of that witness
to be taken, the court may order the party giving the
notice to pay to such other party the reasonable expenses incurred by him and his attorney in attending,
including reasonable attorney's fees. [Adopted May 5,
1967, amended May 26, 1972, effective July 1, 1972.
Prior: RPPP Rule 30.]
(Rules for Superior Court--p 25)
Rule 31
Rule 31
Rules for Superior Court
Depositions upon written questions
(a) Serving Questions; Notice. After the summons
and a copy of the complaint are served, or the complaint is filed, whichever shall first occur, any party may
take the testimony of any person, including a party, by
deposition upon written questions. The attendance of
witnesses may be compelled by the use of subpoena as
provided in Rule 45. The deposition of a person confined in prison may be taken only by leave of court on
such terms as the court prescribes.
A party desiring to take a deposition upon written
questions shall serve them upon every other party with
a notice stating (1) the name and address of the person
who is to answer them, if known, and if the name is not
known, a general description sufficient to identify him
or the particular class or group to which he belongs,
and (2) the name or descriptive title and address of the
officer before whom the deposition is to be taken. A
deposition upon written questions may be taken of a
public or private corporation or a partnership or association or governmental agency in accordance with the
provisions of Rule 30(b)(6).
Within 15 days after the notice and written questions
are served, a party may serve cross questions upon all
other parties. Within 10 days after being served with
cross questions, a party may serve redirect questions
upon all other parties. Within 10 days after being
served with redirect questions, a party may serve
recross questions upon all other parties. The court may
for cause shown enlarge or shorten the time.
(b) Officer to Take Responses and Prepare Record. A
copy of the notice and copies of all questions served
shall be delivered by the party taking the deposition to
the officer designated in the notice, who shall proceed
promptly, in the manner provided by Rule 30(c), (e),
and (f), to take the testimony of the witness in response
to the questions and to prepare, certify, and file or mail
the deposition, attaching thereto the copy of the notice
and the questions received by him.
(c) Notice of Filing. When the deposition is filed, the
officer filing it shall promptly give notice thereof to all
parties. [Adopted May 5, 1967, amended May 26, 1972,
effective July l, 1972. Prior: RPPP Rule 31.J
Rule 32
Use of depositions in court proceedings
(a) Use of Depositions. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part
or all of a deposition, so far as admissible under the
rules of evidence applied as though the witness were
then present and testifying, may be used against any
party who was present or represented at the taking of
the deposition or who had reasonable notice thereof, in
accordance with any of the following provisions:
(1) Any deposition may be used by any party for the
purpose of contradicting or impeaching the testimony
of deponent as a witness.
(2) The deposition of a party or of anyone who at the
time of taking the deposition was an officer, director, or
managing agent, or a person designated under Rule
(RuJes for Superior Court--p 26)
30(b)(6) or 3l(a) to testify on behalf of a public or private corporation, partnership or association or governmental agency which is a party may be used by an
adverse party for any purpose.
(3) The deposition of a witness, whether or not a
party, may be used by any party for any purpose if the
court finds: (A) that the witness is dead; or (B) that the
witness resides out of the county and more than 20
miles from the place of trial, unless it appears that the
absence of the witness was procured by the party offering the deposition; or (C) that the witness is unable to
attend or testify because of age, illness, infirmity, or
imprisonment; or (D) that the party offering the deposition has been unable to procure the attendance of the
witness by subpoena; or (E) upon application and notice, that such exceptional circumstances exist as to
make it desirable, in the interest of justice and with due
regard to the importance of presenting the testimony of
witnesses orally in open court, to allow the deposition
to be used.
(4) If only part of a deposition is offered in evidence
by a party, an adverse party may require him to introduce any other part which ought in fairness to be considered with the part introduced, and any party may
introduce any other parts.
Substitution of parties pursuant to Rule 25 does not
affect the right to use depositions previously taken; and,
when an action in any court of the United States or of
any State has been dismissed and another action involving the same issues and subject matter is afterward
brought between the same parties or their representatives or successors in interest, all depositions lawfully
taken and duly filed in the former action may be used
in the latter as if originally taken therefor.
(b) Objections to Admissibility. Subject to the provisions of Rule 28(b) and subdivision (d)(3) of this rule,
objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any
reason which would require the exclusion of the evidence if the witness were then present and testifying.
(c) Effect of Taking or Using Depositions. A party
does not make a person his own witness for any purpose by taking his deposition. The introduction in evidence of the deposition or any part thereof for any
purpose other than that of contradicting or impeaching
the deponent makes the deponent the witness of the
party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition under
subdivision (a)(2) of this rule. At the trial or hearing
any party may rebut any relevant evidence contained in
a deposition whether introduced by him or by any other
party.
(d) Effect of Errors and Irregularities in Depositions.
(l) As to Notice. All errors and irregularities in the
notice for taking a deposition are waived unless written
objection is promptly served upon the party giving the
notice.
(2) As to Disqualification of Officer. Objection to
taking a deposition because of disqualification of the
officer before whom it is to be taken is waived unless
made before the taking of the deposition begins or as
Rule 34
Superior Court Civil Rules (CR)
soon thereafter as the disqualification becomes known
or could be discovered with reasonable diligence.
(3) As to Taking of Deposition.
(A) Objections to the competency of a witness or to
the competency, relevancy, or materiality of testimony
are not waived by failure to make them before or during th~ ta~in~ of the ~eposi!ion, unless the ground of
the obJectwn is one which might have been obviated or
removed if presented at that time.
(B) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the
form of the questions or answers, in the oath or affir~ation, ?r in t?e conduct of parties, and errors of any
kmd which might be obviated, removed, or cured if
promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition .
.CC) Objections to the form of written questions submitted under Rule 31 are waived unless served in writing upon the party propounding them within the time
a.llowed for ~e~ing the succeeding cross or other questions and w1thm 5 days after service of the last questions authorized.
(4) As .to Compl~tio? and Return of Deposition. Errors and IITegulantles m the manner in which the testi~ony is tr.anscribed or the deposition is prepared,
signed, certified, sealed, endorsed, transmitted, filed, or
otherwise dealt with by the officer under Rules 30 and
3_1 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable
promptness after such defect is, or with due diligence
might have been, ascertained. lAdopted May 5, 1967,
amended May 26, 1972, effective July 1, 1972. Prior:
RPPP Rule 32.]
Rule 33
Interrogatories to parties
(a) Availability; Procedures for Use. Any party may
serve upon any other party written interrogatories to be
answered by the party served or, if the party served is a
p~b!ic or private corporation or a partnership or associat10n or governmental agency, by any officer or agent,
who shall furnish such information as is available to the
party. Interrogatories may, without leave of court, be
served upon the plaintiff after the summons and a copy
of the complaint are served upon the defendant, or the
complaint is filed, whichever shall first occur, and upon
any other party with or after service of the summons
and complaint upon that party.
Interrogatories shall be so arranged that after each
separate question there shall appear a blank space reasonabl~ calculated to enable the answering party to
have his answer typed in. Each interrogatory shall be
answered separately and fully in writing under oath,
unless it is objected to, in which event the reasons for
objection shall be stated in lieu of an answer. The answers ~re .to be _signed by the person making them, and
the obJect10ns signed by the attorney making them. The
party upon whom the interrogatories have been served
s~all. serve a copy of the answ~rs, and objections if any,
w1thm 20 days after the service of the interrogatories,
except that a defendant may serve answers or objections within 40 days after service of the summons and
complaint upon that defendant. The parties may stipulate or the party submitting the interrogatories may
move for an order under Rule 37(a) with respect to any
objection to or other failure to answer an interrogatory.
(b) Scope; Use at Trial. Interrogatories may relate to
any matters which can be inquired into under Rule
26(b ), and the answers may be used to the extent permitted by the rules of evidence.
An interrogatory otherwise proper is not necessarily
objectionable merely because an answer to the interrogatory involves an opinion or contention that relates
to fact or the application of law to fact, but the court
may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time.
(c) Option to Produce Business Records. Where the
answer to an interrogatory may be derived or ascertained from the business records of the party upon
whom the interrogatory has been served or from an examination, audit or inspection of such business records,
or from a compilation, abstract or summary based
thereon, and the burden of deriving or ascertaining the
answer is substantially the same for the party serving
the interrogatory to specify the records from which the
answer may be derived or ascertained and to afford to
the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to
make copies, compilations, abstracts or summaries.
[Adopted May 5, 1967, amended May 26, 1972, effective July l, 1972. Prior: RPPP Rule 33.}
Rule 34
Production of docwnents and things and en-
try upon land for inspection and other purposes
(a) Scope. Any party may serve on any other party a
request (I) to produce and permit the party making the
request, or som~one acting on his behalf, to inspect and
copy•. any designated documents (including writings,
drawmgs, graphs, charts, photographs, phonorecords,
and other data compilations from which information
can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable
form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within
the scope of Rule 26(b) and which are in the possession,
~ustody or control of the _party upon whom the request
is served; or (2) to pemut entry upon designated land
or other property in the possession or control of the
pa~ty upo~ whom the request is se~ed for the purpose
of i~spection and measunng, surveymg, photographing,
testmg, or sampling the property or any designated object or operation thereon, within the scope of Rule
26(b).
(b) Procedure. The request may, without leave of
court, be served upon the plaintiff after the summons
and a copy of the complaint are served upon the defendant, or the complaint is filed, whichever shall first occur, and upon any other party with or after service of
summons and colll:plaint upon. that party. The request
s~all s~t forth the items to be mspected either by individual item or by category, and describe each item and
!Rules for Superior Court--p 27)
Rule 34
Rules for Superior Court
category with reasonable particularity. The request shall
specify a reasonable time, place and manner of making
the inspection and performing the related acts.
The party upon whom the request is served shall
serve a written response within 20 days after the service
of the request, except that a defendant may serve a response within 40 days after service of the summons and
complaint upon that defendant. The parties may stipulate or the court may allow a shorter or longer time.
The response shall state, with respect to each item or
category, that inspection and related activities will be
permitted as requested, unless the request is objected to,
in which event the reasons for objection shall be stated.
If objection is made to part of an item or category, the
part shall be specified. The party submitting the request
may move for an order under Rule 37(a) with respect to
any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested.
(c) Persons not Parties. This rule does not preclude
an independent action against a person not a party for
production of documents and things and permission to
enter upon land. [Adopted May 5, 1967, amended May
26, 1972, effective July 1, 1972. Prior: RPPP Rule 34.]
Rule 35 Physical and mental examination of persons
(a) Order for Examination. When the mental or physical condition (including the blood group) of a party, or
of a person in the custody or under the legal control of
a party, is in controversy, the court in which the action
is pending may order the party to submit to a physical
or mental examination by a physician or to produce for
examination the person in his custody or legal control.
The order may be made only on motion for good cause
shown and upon notice to the person to be examined
and to all parties and shall specify the time, place,
manner, conditions, and scope of the examination and
the person or persons by whom it is to be made.
(b) Report of Examining Physician.
( l) If requested by the party against whom an order
is made under Rule 35(a) or the person examined, the
party causing the examination to be made shall deliver
to him a copy of a detailed written report of the examining physician setting out his finding, including results
of all tests made, diagnosis and conclusions, together
with like reports of all earlier examinations of the same
condition. After delivery the party causing the examination shall be entitled upon request to receive from the
party against whom the order is made a like report of
any examination, previously or thereafter made, of the
same condition, unless, in the case of a report of examination of a person not a party, the party shows that he
is unable to obtain it. The court on motion may make
an order against a party requiring delivery of a report
on such terms as are just, and if a physician fails or refuses to make a report the court may exclude his testimony if offered at the trial.
(2) By requesting and obtaining a report of the examination so ordered or by taking the deposition of the
examiner, the party examined waives any privilege he
may have in that action or any other involving the same
(Rules for Superior Com1--p
281
controversy regarding the testimony of every other person who has examined or may thereafter examine him
in respect of the same mental or physical condition.
(3) This subdivision applies to examinations made by
agreement of the parties, unless the agreement expressly
provides otherwise. This subdivision does not preclude
discovery of a report of an examining physician or the
taking of a deposition of the physician in accordance
with the provisions of any other rule. [Adopted May 5,
1967, amended May 26, 1972, effective July l, 1972.
Prior: RPPP Rule 35.]
Rule 36
Requests for
admi~ion
(a) Request for Admi~ion. A party may serve upon
any other party a written request for the admission, for
purposes of the pending action only, of the truth of any
matters within the scope of Rule 26(b) set forth in the
request that relate to statements or opinions of fact or
of the application of law to fact, including the genuineness of any documents described in the request. Copies
of documents shall be served with the request unless
they have been or are otherwise furnished or made
available for inspection and copying. The request may,
without leave of court, be served upon the plaintiff after
the summons and a copy of the complaint are served
upon the defendant, or the complaint is filed, whichever
shall first occur, and upon any other party with or after
service of the summons and complaint upon that party.
Each matter of which an admission is requested shall
be separately set forth. The matter is admitted unless,
within 20 days after service of the request, or within
such shorter or longer time as the court may allow the
party to whom the request is directed serves upon the
party requesting the admission a written answer or objection addressed to the matter, signed by the party or
by his attorney, but, unless the court shortens the time,
a defendant shall not be required to serve answers or
objections before the expiration of 40 days after service
of the summons and complaint upon him. If objection
is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in
detail the reasons why the answering party cannot
truthfully admit or deny the matter. A denial shall fairly
meet the substance of the requested admission, and
when good faith requires that a party qualify his answer
or deny only a part of the matter of which an admission
is requested, he shall specify so much of it as is true and
qualify or deny the remainder. An answering party may
not give lack of information or knowledge as a reason
for failure to admit or deny unless he states that he has
made reasonable inquiry and that the information
known or readily obtainable by him is insufficient to
enable him to admit or deny. A party who considers
.that a matter of which an admission has been requested
presents a genuine issue for trial may not, on that
ground alone, object to the request; he may, subject to
the provisions of Rule 37(c), deny the matter or set
forth reasons why he cannot admit or deny it.
The party who has requested the admissions may
move to determine the sufficiency of the answers or objections. Unless the court determines that an objection
is justified, it shall order that an answer be served. If the
Superior Court Civil Rules (CR)
court determines that an answer does not comply with
the requirements of this rule, it may order either that
the matter is admitted or that an amended answer be
served. The court may, in lieu of these orders, determine that final disposition of the request be made at a
pretrial conference or at a designated time prior to trial.
The provisions of Rule 37(a)(4) apply to the award of
expenses incurred in relation to the motion.
(b) Effect of Admission. Any matter admitted under
this rule is conclusively established unless the court on
motion permits withdrawal or amendment of the admission. Subject to the provisions of Rule 16 governing
amendment of a pretrial order, the court may permit
withdrawal or amendment when the presentation of the
merits of the action will be subserved thereby and the
party who obtained the admission fails to satisfy the
court that withdrawal or amendment will prejudice him
in maintaining his action or derense on the merits. Any
admission made by a party under this rule is for the
purpose of the pending action only and is not an admission by him for any other purpose nor may it be
used against him in any other proceeding. [Adopted
May 5, 1967, amended May 26, 1972, effective July I,
1972. Prior: RPPP Rule 36.]
Rule 37 Failure to make discovery: Sanctions
(a) Motion for Order Compelling Discovery. A party,
upon reasonable notice to other parties and all persons
affected thereby, may apply to the court in the county
where the ~eposition was taken, or in the county where
the action is pending, for an order compelling discovery
as follows:
(1) Appropriate Court. An application for an order to
a party may be made to the court in which the action is
pending, or on matters relating to a deposition, to the
court in the county where the deposition is being taken.
An application for an order to a deponent who is not a
party shall be made to the court in the county where
the deposition is being taken.
(2) Motion. If a deponent fails to answer a question
propounded or submitted under Rules 30 or 31, or a
corporation or other entity fails to make a designation
under Rule 30(b)(6) or 3l(a), or a party fails to answer
an interrogatory submitted under Rule 33, or if a party,
in response to a request for inspection submitted under
Rule 34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order
compelling an answer or a designation, or an order
compelling inspection in accordance with the request.
When taking a deposition on oral examination, the
proponent of the question may complete or adjourn the
examination before he applies for an order.
If the court denies the motion in whole or in part, it
may make such protective order as it would have been
empowered to make on a motion made pursuant to
Rule 26(c).
(3) Evasi\-·e or Incomplete Answer. For purposes of
this subdivision an evasive or incomplete answer is to
be treated as a failure to answer.
Rule 37
(4) Award of Expenses of Motion. If the motion is
granted, the court shall, after opportunity for hearin~,
require the party or deponent whose condu~t. necess1tated the motion or the party or attorney adv1smg such
conduct or both of them to pay to the moving party the
reasonable expenses incurred in obtaining the order, including attorney's fees, unless the coui: fin~s t?at the
opposition to the motion was substantially JUstlfied or
that other circumstances make an award of expenses
unjust.
If the motion is denied, the court shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to
the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney's fees, unless the court finds that the
making of the motion was substantially justified or. that
other circumstances make an award of expenses unjust.
If the motion is granted in part and denied in p~rt,
the court may apportion the reasonable expenses mcurred in relation to the motion among the parties and
persons in a just manner.
(b) Failure to Comply with Order.
(I) Sanctions by Court in District Where Deposition
is Taken. If a deponent fails to be sworn or to answer a
question after being directed to do so by the court in
the county in which the deposition is being taken, the
failure may be considered a contempt of that court.
(2) Sanctions by Court in Which Action is Pending.
If a party or an officer, director, or managing agent of a
party or a person designated under Rule 30(b)(6) or
3 I(a) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order
made under subdivision (a) of this rule or Rule 35, the
court in which the action is pending may make such
orders in regard to the failure as are just, and among
others the following:
(A) An order that the matters regarding which the
order was made or any other designated facts shall be
taken to be established for the purposes of the action in
accordance with the claim of the party obtaining the
order;
(B) An order refusing to allow the disobedient party
to support or oppose designated claims or defenses, or
prohibiting him from introducing designated matters in
evidence;
(C) An order striking out pleadings or parts thereof,
or staying further proceedings until the order is obeyed,
or dismissing the action or proceedings or any part
thereof, or rendering a judgment by default against the
disobedient party;
(D) In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court
the failure to obey any orders except an order to submit
to physical or mental examination;
(E) Where a party has failed to comply with an order
under Rule 35(a) requiring him to produce another for
examination such orders as are listed in paragraphs (A),
(B), and (C) of this subdivision, unless the party failing
to comply shows that he is unable to produce such person for examination.
!Rules for Superior Coort--i> 29)
Rule 37
Rules for Superior Court
In lieu of any of the foregoing orders or in addition
thereto, the court shall require the party failing to obey
the order or the attorney advising him or both to pay
the reasonable expenses, including attorney's fees,
caused by the failure, unless the court finds that the
failure was substantially justified or that other circumstances make an award of expenses unjust.
(c) Expenses on Failure to Admit. If a party fails to
admit the genuineness of any document or the truth of
any matter as requested under Rule 36, and if the party
requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, he
may apply to the court for an order requiring the other
party to pay him the reasonable expenses incurred in
making that proof, including reasonable attorney's fees.
The court shall make the order unless it finds that (l)
the request was held objectionable pursuant to Rule
36(a), or (2) the admission sought was of no substantial
importance, or (3) the party failing to admit had reasonable ground to believe the fact was not true or the
document was not genuine, or (4) there was other good
reason for the failure to admit.
(d) Failure of Party to Attend at Own Deposition or
Serve Answers to Interrogatories or Respond to Request
for Inspection. If a party or an officer, director, or managing agent of a party or a person designated under
Rule 30(b)(6) or 3l(a) to testify on behalf of a party
fails ( l) to appear before the officer who is to take his
deposition, after being served with a proper notice, or
(2) to serve answers or objections to interrogatories, or
(3) to serve a written response to a request for inspection submitted under Rule 34, after proper service of
the request, the court in which the action is pending on
motion may make such orders in regard to the failure as
are just, and among others it may take any action authorized under paragraphs (A), (B), and (C) of subdivision (b)(2) of this rule. In lieu of any order or in
addition thereto, the court shall require the party failing
to act or the attorney advising him or both to pay the
reasonable expenses, including attorney's fees, caused
by the failure, unless the court finds that the failure was
substantially justified or that other circumstances make
an award of expenses unjust.
The failure to act described in this subdivision may
not be excused on the ground that the discovery sought
is objectionable unless the party failing to act has applied for a protective order as provided by Rule 26(c ).
[Adopted May 5, 1967, amended May 26, 1972, effective July l, 1972. Prior: RPPP Rule 37.]
VI. TRIALS
(RULES 38-53)
Rule 38 Jury trial of right
(-) Defined. A trial is the judicial examination of the
issues between the parties, whether they are issues of
law or of fact.
CDmment by the Coort. This subdivision is identical to and supersedes RCW 4.44.010.
(Rules for Superior Comt--p 30)
(a) Right of Jury Trial Preserved. The right of trial by
jury as declared in Article l § 21 of the Constitution or
as given by a statute shall be preserved to the parties
inviolate.
Comment by the Court. Subdivision (a) follows FRCP 38(a) except that reference is changed to the state constitution and reference to United States statutes is deleted.
(b) Demand for Jury. At or prior to the time the case
is called to be set for trial, any party may demand a
trial by jury of any issue triable of right by a jury by
serving upon the other parties a demand therefor in
writing, by filing the demand with the clerk, and by
paying the jury fee required by law. If before the case is
called to be set for trial no party serves or fil·es a demand that the case be tried by a jury of twelve, it shall
be tried by a jury of six members with the concurrence
of five being required to reach a verdict.
Comment by the Court. Subdivision (b) supersedes RCW
4.44.100.
(c) Specification of Issues. In his demand a party may
specify the issues which he wishes so tried; otherwise he
shall be deemed to have demanded trial by jury for all
the issues so triable. If he has demanded trial by jury
for only some of the issues, any other party within IO
days after service of the demand or such lesser time as
the court may order, may serve a demand for trial by
jury of any other or all of the issues of fact in the
action.
Comment by the Court. Subdivision (c) is identical to FRCP
38(c).
(d) Waiver of Jury. The failure of a party to serve a
demand as required by this rule, to file it as required by
this rule, and to pay the jury fee required by law in accordance with this rule, constitutes a waiver by him of
trial by jury. A demand for trial by jury made as herein
provided may not be withdrawn without the consent of
the parties.
Comment by the Comt. Subdivision (d) is similar to FRCP 38(d).
This subdivision supersedes the second sentence of RCW
4.44.100.
(e) Return of Jury Fee
When Forfeited. Whenever
a case has been set for trial with a jury and the jury fee
deposit has been made and such case is settled out of
court prior to the time that it is called to be heard upon
trial, such jury deposit shall not be returned to the party
depositing the same unless the court is notified of the
settlement of the case not less than 3 court days before
the trial date. (Adopted May 5, 1967, amended June 28,
1967, effective July l, 1967; amended, adopted Sept. 27,
1971, effective Nov. 9, 1971; subd. (b) amended, adopted Nov. 29, 1971, effective Jan. 1, 1972; subd. (e)
amended, adopted July 20, 1973, effective July 20,
1973.]
Comment by the Comt. Subdivision (e) follows and supersedes
RPPP 38.04W and supersedes the proviso to RCW 4.44.100.
Rule 39 Trial by jury or by the court
(-) Issues--How Tried. [Reserved--See RCW
4.40.010 through 4.40.070.]
(a) By Jury.
(1) Rule. When trial by jury has been demanded as
provided in Rule 38, the action shall be designated
Superior Court Civil Rules (CR)
upon the docket as a jury action. The trial of all issues
so demanded shall be by jury, unless (A) the parties or
their attorneys of record, by written stipulation filed
with the court or by an oral stipulation made in open
court and entered in the record, consent to trial by the
court sitting without a jury or (B) the court upon motion or of its own initiative finds that a right of trial by
jury of some or all of those issues does not exist under
the constitution or statutes of the state.
(2) Questions of Fact for Jury. [Reserved--See
RCW 4.44.090.]
Comment by the Court. Paragraph (I) is identical to FRCP 39(a)
except for change of reference from United States to the state.
(b) By the Court.
(1) Rule. Issues not demanded for trial by jury as
provided in Rule 38 shall be tried by the court; but,
notwithstanding the failure of a party to demand a jury
in an action in which such a demand might have been
made of right, the court in its discretion upon motion
may order a trial by a jury or any or all issues.
(2) Questions of Law to Be Decided by Court. [Reserved--See RCW 4.44.080.]
Comment by the Court. Paragraph (I) is identical to FRCP 39(b).
(c) Advisory Jury and Trial by Consent. In all actions
not triable of right by a jury the court, upon motion or
of its own initiative, may try an issue with an advisory
jury or it may, with the consent of both parties, order a
trial with a jury whose verdict has the same effect as if
the trial by jury had been a matter of right. [Adopted
May 5, 1967, effective July 1, 1967.]
Comment by the Court. Subdivision (c) follows FRCP 39(c) except that references to actions against the United States are
deleted.
Rule 40 Assignment of cases
(a) Notice of Trial--Note of Issue.
(1) Of Fact. At any time after the issues of fact are
completed in any case by the service of complaint and
answer or reply when necessary, as herein provided, either party may cause the issues of fact to be brought on
for trial, by serving upon the opposite party a notice of
trial at least 3 days before any day provided by rules of
court for setting causes for trial, which notice shall give
the title of the cause as in the pleadings, and notify the
opposite party that the issues in such action will be
brought on for trial at the time set by the court; and the
party giving such notice of trial shall, at least 5 days
before the day of setting such causes for trial, file with
the clerk of the court a note of issue containing the title
of the action, the names of the attorneys and the date
when the last pleading was served; and the clerk shall
thereupon enter the cause upon the trial docket according to the date of the issue.
(2) Of Law. In case an issue of law raised upon the
pleadings is desired to be brought on for argument, either party shall, at l~ast 5 days before the day set apart
by the court under i~s rules for hearing issues of law,
serve upon the opposite party a like notice of trial and
furnish the clerk of the court with a note of issue as
above provided, which note of issue shall specify that
the issue to be tried is an issue of law; and the clerk of
Rule 40
the court shall thereupon enter such action upon the
motion docket of the court.
(3) Adjournments. When a cause has once been
placed upon either docket of the court, if not tried or
argued at the time for which notice was given, it need
not be noticed for a subsequent session or day, but shall
remain upon the docket from session to session or from
law day to law day until final disposition or stricken off
by the court.
(4) Filing Note by Opposite Party. The party upon
whom notice of trial is served may file the note of issue
and cause the action to be placed upon the calendar
without further notice on his part.
(5) Issue May Be Brought to Trial by Either Party.
Either party, after the notice of trial, whether given by
himself or the adverse party, may bring the issue to trial, and in the absence of the adverse party, unless the
court for good cause otherwise directs, may proceed
with his case, and take a dismissal of the action, or a
verdict or judgment, as the case may require.
Comment by the Court. Paragraphs (I) through (4) follow RCW
4.44.020. Paragraph (5) is identical to and supersedes RCW
4.44.030.
(b) Methods. Each superior court may provide by local rule for placing of actions upon the trial calendar ( 1)
without request of the parties or (2) upon request of a
party and notice to the other parties or (3) in such other
manner as the court deems expedient.
Comment by the Court. Subdivision (b) follows FRCP 40, but
omits the last sentence which gives preference to certain actions
under United States statutes.
(c) Preferences. In setting cases for trial, unless otherwise provided by statute, preference shall be given to
criminal over civil cases, and cases where the defendant
or a witness is in confinement shall have preference
over other cases.
Comment by the Court. Subdivision (c) follows subdivision (2) of
RPPP 40.04W.
(d) Trials. When a cause is set and called for trial, it
shall be tried or dismissed, unless good cause is shown
for a continuance. The court may in a proper case, and
upon terms, reset the same.
Comment by the Court. Subdivision (d) follows and supersedes
subdivision (I) of RPPP 40.04W.
(e) Continuances. A motion to continue a trial on the
ground of the absence of evidence, shall only be made
upon affidavit, showing the materiality of the evidence
expected to be obtained, and that due diligence has
been used to procure it, and also the name and residence of the witness or witnesses. The court may also
require the moving party to state upon affidavit the evidence which he expects to obtain; and if the adverse
party admits that such evidence would be given, and
that it be considered as actually given on the trial, or
offered and overruled as improper, the trial shall not be
continued. The court, upon its allowance of the motion,
may impose terms or conditions upon the moving party.
Comment by the Court. Subdivision (e) follows and supersedes
RCW 4.44.040.
(f) Change of Judge. [Reserved--See RCW 4.12.040
and 4.12.050.] [Adopted May 5, 1967, effective July 1,
1967.]
(Rules for Superior Court---p 31)
Rule 41
Rule 41
Rules for Superior Court
Dismissal of actions
(a) Voluntary Dismissal.
(I) Mandatory. Subject to the prov1s10ns of Rule
23(e) and 23.l, any action shall be dismissed by the
court:
(A) By Stipulation. When all parties who have appeared so stipulate in writing; or
(B) By Plaintiff Before Resting. Upon motion of the
plaintiff at any time before plaintiff rests at the conclusion of his opening case.
(2) Permissive. After plaintiff rests after his opening
case, plaintiff may move for a voluntary dismissal without prejudice upon good cause shown and upon such
terms and conditions as the court deems proper.
(3) Counterclaim. If a counterclaim has been pleaded
by a defendant prior to the service upon him of plaintiff's motion for dismissal, the action shall not be dismissed against the defendant's objection unless the
counterclaim can remain pending for independent adjudication by the court.
(4) Effect. Unless otherwise stated in the order of
dismissal, the dismissal is without prejudice, except that
an order of dismissal operates as an adjudication upon
the merits when obtained by a plaintiff who has once
dismissed an action based on or including the same
claim in any court of the United States or of any state.
Comment by the Court. Subparagraph (l)(A) follows FRCP
4l(a)(l)(ii). Subparagraph (l)(B) and paragraph (2) follow and
supersede RPPP 4L08W. Paragraphs (3) and (4) follow similar
provisions in FRCP 4l(a).
(b) Involuntary Dismissal; Effect. For failure of the
plaintiff to prosecute or to comply with these rules or
any order of the court, a defendant may move for dismissal of an action or of any claim against him.
(I) Want of Prosecution on Motion of Party. Any
civil action shall be dismissed, without prejudice, for
want of prosecution whenever the plaintiff,
counterclaimant, cross-claimant, or third-party plaintiff
neglects to note the action for trial or hearing within 1
year after any issue of law or fact has been joined, unless the failure to bring the same on for trial or hearing
was caused by the party who makes the motion to dismiss. Such motion to dismiss shall come on for hearing
only after IO days' notice to the adverse party. If the
case is noted for trial before the hearing on the motion,
the action shall not be dismissed.
(2) Dismissal on Clerk's Motion.
(A) Notice. In all civil cases wherein there has been
no action of record during the 12 months just past, the
clerk of the superior court shall mail notice to the attorneys of record that such case will be dismissed by
the court for want of prosecution unless within 30 days
following said mailing, action of record is made or an
application in writing is made to the court and good
cause shown why it should be continued as a pending
case. If such application is not made or good cause is
not shown, the court shall dismiss each such case without prejudice. The cost of filing such order of dismissal
with the clerk shall not be assessed against either party.
(B) Mailing Notice. The notice shall be mailed in every eligible case not later than 30 days before June 15th
and December 15th of each year, and all such cases
fRules
for Superior Court--p 32)
shall be presented to the court by the clerk for action
thereon on or before June 30th and December 3 lst of
each year. These deadlines shall not be interpreted as a
prohibition against mailing of notice and dismissal
thereon as cases may become eligible for dismissal under this rule.
(C) Applicable Date. This dismissal procedure is
mandatory as to all cases filed after January I, 1959,
and permissive as to all cases filed before that date.
This rule is not a limitation upon any other power that
the court may have to dismiss any action upon motion
or otherwise.
(3) Defendant's Motion After Plaintiff Rests. After
the plaintiff, in an action tried by the court without a
jury, has completed the presentation of his evidence, the
defendant, without waiving his right to offer evidence in
the event the motion is not granted, may move for a
dismissal on the ground that upon the facts and the law
the plaintiff has shown no right to relief. The court as
trier of the facts may then determine them and render
judgment against the plaintiff or may decline to render
any judgment until the close of all the evidence. If the
court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Rule
52(a). Unless the court in its order for dismissal otherwise specifies, a dismissal under this paragraph and any
dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, for improper venue, or
for failure to join a party under Rule 19, operates as an
adjudication upon the merits.
Comment by the Court. Paragraph (2) is similar to RPPP 41.04W,
which is superseded. Paragraph (3) is similar to FRCP 4l(b).
(c) Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim. The provisions of this rule apply to the
dismissal of any counterclaim, cross~laim, or third-party claim. A voluntary dismissal by the claimant
alone pursuant to paragraph (I) of subdivision (a) of
this rule shall be made before a responsive pleading is
served or, if there is none, before the introduction of
evidence at the trial or hearing.
Comment by the Court. Subdivision (c) is identical to FRCP
41(c).
(d) Costs of Previously Dismissed Action. If a plaintiff
who has once dismissed an action in any court commences an action based upon or including the same
claim against the same defendant, the court may make
such order for the payment of taxable costs of the action previously dismissed as it may deem proper and
may stay the proceedings in the action until the plaintiff
has complied with the order.
Comment by the Coort. Subdivision (d) is similar to FRCP 41(d).
(e) Notice of Settlements. If a case is settled after it
has been assigned for trial, it shall be the duty of the
attorneys or of any party appearing prose to notify the
court promptly of the settlement. If the settlement is
made within 5 days before the trial date, the notice
shall be made by telephone or in person. All notices of
settlement shall be confirmed in writing to the clerk.
[Adopted May 5, 1967, effective July 1, 1967; amended,
subdivision (e) added June 28, 1967, effective July 1,
1967.]
Superior Court Civil Rules (CR)
Conuneot by the Coort. Subdivision (e) is added to enable the
courts to make fuller use of all court facilities.
Rule 42
Consolidation; separate trials
(a) Consolidation. When actions involving a common
question of law or fact are pending before the court, it
may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions
consolidated; and it may make such orders concerning
proceedings therein as may tend to avoid unnecessary
costs or delay.
Rule 43
thereon. In actions tried without a jury the same procedure may be followed, except that the court upon request shall take and report the evidence in full, unless it
clearly appears that the evidence is not admissible on
any ground or that the witness is privilege~.
Comment by the Coort. Subdivision (c) is identical to FRCP
43(c), except that the words "in the absence of the jury" have
been added in the third sentence.
(b) Separate Trials. The court, in furtherance of convenience or to avoid prejudice, or when separate trials
will be conducive to expedition and economy, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or
of any number of claims, cross-claims, counterclaims,
third-party claims, or issues, always preserving inviolate
the right of trial by jury. [Adopted May 5, 1967, effective July 1, 1967.]
Comment by the Court. Subdivision (b) follows FRCP 42(b) and
supersedes RPPP 42(a).
(d) Oaths of Witnesses.
(l) Administration. The oaths of all witnesses in the
superior court
(A) shall be administered by the judge;
(B) shall be administered to each witness individually; and
(C) the witness shall stand while the oath is
administered.
(2) Applicability. This rule shall not apply to civil ex
parte proceedings or default divorce cases and in such
cases the manner of swearing witnesses shall be as each
superior court may prescribe.
(3) Affirmation in Lieu of Oath. Whenever under
these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof.
Comment by the Court. Paragraphs (I) and (2) follow and supersede RPPP 77.04W. Paragraph (3) is identical to FRCP 43(d).
Comment by the Court. Subdivision (a) is identical to FRCP
42(a).
Rule 43
Evidence
(a) Testimony.
(I) Generally. In all trials the testimony of witnesses
shall be taken orally in open court, unless otherwise directed by the court or provided by rule or statute.
(2) Multiple Examinations. When two or more attorneys are upon the same side trying a case, the attorney
conducting the examination of a witness shall continue
until the witness is excused from the stand; and all objections and offers of proof made during the examination of such witness shall be made or announced by the
attorney who is conducting the examination or crossexamination.
Comment by the Court. Paragraph (2) follows and supersedes
RPPP 43.08W.
(b) Scope of Examination and Cross-Examination. A
party may interrogate any unwilling or hostile witness
by leading questions. A party may call an adverse party
or an officer, director, or managing agent of a public or
private corporation or of a partnership or association
which is an adverse party, and interrogate him by leading qu.estions and contradict and impeach him in all respects as if he had been caned by the adverse party.
Comment by the Court. Subdivision (b) is identical to FRCP
43(b) except that the last two clauses have been deleted.
(c) Record of Excluded Evidence (Offer of Proof]. In
an action tried by a jury, if an objection to a question
propounded to a witness is sustained by the court, the
examining attorney may make a specific offer of what
he expects to prove by the answer of the witness. The
court may require the offer to be made out of the hearing of the jury. The court, in the absence of the jury,
may add such other or further statement as clearly
shows the character of the evidence, the form in which
it was offered, the objection made, and the ruling
(e) Evidence on Motions.
(I) Generally. When a motion is based on facts not
appearing of record the court may hear the matter on
affidavits presented by the respective parties, but the
court may direct that the matter be heard wholly or
partly on oral testimony or depositions.
(2) For Injunctions, etc. On application for injunction
or motion to dissolve an injunction or discharge an attachment, or to appoint or discharge a receiver, the notice thereof shall designate the kind of evidence to be
introduced on the hearing. If the application is to be
heard on affidavits, copies thereof must be served by
the moving party upon the adverse party at least 3 days
before the hearing. Oral testimony shall not be taken on
such hearing unless permission of the court is first obtained and notice of such permission served upon the
adverse party at least 3 days before the hearing. lbis
rule shall not be construed as pertaining to applications
for restraining orders or for appointment of temporary
receivers.
Comment by the Court. Paragraph (I) is identical to FRCP 43(e).
See also Rules 6(d) and 12(d). Paragraph (2) follows and supersedes RPPP 66.0SW.
(t) Adverse Party as Witness.
(I) Party or Managing Agent as Adverse Witness. A
party, or anyone who at the time of the notice is an officer, director, or other managing agent (herein collectively referred to as "managing agent") of a public or
private corporation, partnership or association which is
a party to an action or proceeding may be examined at
the instance of any adverse party. Attendance of such
deponent or witness may be compelled solely by notice
(in lieu of a subpoena) given in the manner prescribed
in Rule 30(a) to opposing counsel of record. Notices for
the attendance of a party or of a managing agent at the
trial shall be given not less than 10 days before trial
(exclusive of the day of service, Saturdays, Sundays,
!Rules for Superior Court---p 33]
Rule 43
Rules for Superior Court
and court holidays). For good cause shown in the manner prescribed in Rule 30(b), the court may make orders for the protection of the party or managing agent
to be examined.
(2) Effect of Discovery, etc. A party who has filed interrogatories to be answered by the adverse party or
who has taken the deposition of an adverse party or of
the managing agent of an adverse party shall not be
precluded for that reason from examining such adverse
party or managing agent at the trial. The testimony of
an adverse party or managing agent at the trial or on
deposition or interrogatories shall not bind his adversary but may be rebutted.
(3) Refusal to Attend and Testify; Penalties. If a party or a managing agent refuses to attend and testify before the officer designated to take his deposition or at
the trial after notice served as prescribed in Rule 30(a),
the complaint, answer, or reply of the party may be
stricken and judgment taken against the party, and the
contumacious party or managing agent may also be
proceeded against as in other cases of contempt. This
rule shall not be construed:
(A) to compel any person to answer any question
where such answer might tend to incriminate him;
(B) nor to prevent a party from using a subpoena to
compel the attendance of any party or managing agent
to give testimony by deposition or at the trial; nor
(C) to limit the applicability of any other sanctions or
penalties provided in Rule 37 or otherwise for failure to
attend and give testimony.
Comment by the Court. Subdivision (t) follows and supersedes
RPPP 43.04W.
(g) Attorney as Witness. If any attorney offers himself
as a witness on behalf of his client and gives evidence
on the merits, he shall not argue the case to the jury,
unless by permission of the court.
Comment by the Court. Subdivision (g) follows and supersedes
RPPP 43.12W.
(b) Report or Transcript as Evidence. Whenever the
testimony of a witness at a trial or hearing which was
reported is admissible in evidence at a later trial, it may
be proved by the transcript thereof duly certified by the
person who reported the testimony.
Comment by the Court. Subdivision (h) follows FRCP 80(c).
(i) Testimony at Former Trial. If the judge finds a
witness at a former trial or proceeding to be unavailable
as a witness within the conditions set forth in Rule
26(d)(3) governing the use of depositions, the testimony
of such witness on the former occasion shall be admitted for use as testimony in a trial or proceeding involving substantially the same matter when (I) the
testimony is offered against a party who offered it in his·
own behalf on the former occasion, or against the successor in interest of such party, or (2) the testimony is
offered against a party against whom, or against whose
prede~essor in interest, it was offered on the former
occas10n.
Comment by the Court. Subdivision (i) is identical to and supersedes RPPP 43.16W.
(j) Statement of Facts in Retrial of Non-Jury Cases.
In the event a cause has been remanded by the court
(Rules for Superior Coort--p 34)
for a new trial or the taking of further testimony, and
such cause shall have been tried without a jury, and the
testimony in such cause shall have been taken in full
and duly certified as the statement of facts upon appeal,
either party upon the retrial of such cause or the taking
of further testimony therein shall have the right, provided the court shall so order after an application on IO
days' notice to the opposing party or parties, to submit
said statement of facts as the testimony in said cause
upon its second hearing, to the same effect as if the
witnesses called by him in the earlier hearing had been
called, sworn, and testified in the further hearing; but
no party shall be denied the right to submit other or
further testimony upon such retrial or further hearing,
and the party having the right of cross-examination
shall have the privilege of subpoenaing any witness
whose testimony is contained in such statement of facts
for further cross-examination. [Adopted May 5, 1967,
effective July l, 1967.]
Comment by the Court. Subdivision
RPPP 80.04W.
Rule 44
G)
follows and supersedes
Proof of official record
(a) Authentication.
( 1) Domestic. An official record kept within the
United States, or any state, district, commonwealth,
territory, or insular possession thereof, or within the
Panama Canal Zone, the Trust Territory of the Pacific
Islands, or the Ryukyu Islands, or an entry therein,
when admissible for any purpose, may be evidenced by
an official publication thereof or by a copy attested by
the officer having the legal custody of the record, or by
his deputy, and accompanied by a certificate that such
officer has the custody. The certificate may be made by
a judge of a court of record of the district or political
subdivision in which the record is kept, authenticated
by the seal of the court, or may be made by any public
officer having a seal of office or official custody of the
seal of the political subdivision and having official duties in the district or political subdivision in which the
record is kept, authenticated by the seal of his office or
the seal of the political subdivision.
(2) Foreign. A foreign official record, or an entry
therein, when admissible for any purpose, may be evidenced by an official publication thereof; or a copy
thereof, attested by a person authorized to make the attestation, and accompanied by a final certification as to
the genuineness of the signature and official position
(A) of the attesting person, or (B) of any foreign official
whose certificate of genuineness of signature and official
position relates to the attestation or is in a chain of certificates of genuineness of signature and official position
relating to the attestation. A final certification may be
made by a secretary of embassy or legation, consul
general, consul, vice consul, or consular agent of the
United States, or a diplomatic or consular official of the
foreign country assigned or accredited to the United
States. If reasonable opportunity has been given to all
parties to investigate the authenticity and accuracy of
the documents, the court may, for good cause shown,
either admit an attested copy without final certification
or permit the foreign official record to be evidenced by
Superior Court Civil Rules (CR)
an attested summary with or without a final
certification.
(b) Lack of Record. A written statement that after
diligent search no record or entry of a specified tenor is
found to exist in the records, designated by the statement, authenticated as provided in paragraph (a)(I) of
this rule in the case of a domestic record, or complying
with the requirements of paragraph (a)(2) of this rule
for a summary in the case of a foreign record, is admissible as evidence that the records contain no such
record or en try.
(c) Other Proof. This rule does not prevent the proof
of official records or of entry or lack of entry therein by
any other method authorized by law. [Adopted May 5,
1967, amended June 28, 1967, effective July 1, 1967.
Prior: RPPP Rule 44.]
Rule 44.1 Determination of foreign law [Reserved-See RCW 5.24.010 thru 5.24.070.]
Rule 45 Subpoena
(a) For Attendance of Witnesses. The subpoena shall
be issued as follows:
(I) Form. To require attendance before a court of
record or at the trial of an issue therein, such subpoena
may be issued in the name of the state of Washington
and be under the seal of the court before which the attendance is required or in which the issue is pending:
Provided, That such subpoena may be issued with like
effect by the attorney of record of the party to the action in .whose behalf the witness is required to appear,
and the form of such subpoena in each case may be the
same as when issued by the court except that it shall
only be subscribed by the signature of such attorney.
(2) Issuance for Trial. To require attendance before a
court of record or at the trial of an issue of fact, the
subpoena may be issued by the clerk in response to a
praecipe or by an attorney of record.
(3) Issuance for Deposition. To require attendance
out of such court before a judge, justice of the peace,
commissioner, referee or other officer authorized to administer oaths or to take testimony in any matter under
the laws of this state, it shall be issued by an attorney of
record or by such judge, justice of the peace, commissioner, referee or other officer before whom the attendance is required.
Comment by the Court. This subdivision supersedes RCW 5.56.020 (1) and (2).
(b) For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or
tangible things designated therein; but the court, upon
motion made promptly and in any event at or before
the time specified in the subpoena for compliance
therewith, may (I) quash or modify the subpoena if it is
unreasonable and oppressive or (2) condition denial of
the motion upon the advancement by the person in
whose behalf the subpoena is issued of the reasonable
cost of producing the books, papers, documents, or
tangible things.
Rule 45
Comment by the Court. Subdivision (b) is identical to FRCP
45(b), and supersedes RCW 5.56.030.
(c) Service. A subpoena may be served by any suitable person over 18 years of age, by exhibiting and
reading it to the witness, or by giving him a copy thereof, or by leaving such copy at the place of his abode.
When service is made by any other person than an officer authorized to serve process, proof of service shall be
made by affidavit.
C-Ommeot by the C-Ourt. Subdivision (c) is identical to RCW 5.56.040, which is superseded.
(d) Subpoena for Taking Depositions; Place of Examination.
(1) Authorization. Proof of service of a notice to take
a deposition as provided in Rules 30(b) and 31 (a) constitutes a sufficient authorization for the issuance by the
attorney of record or the officer taking the deposition of
subpoenas for the persons named or described therein.
The subpoena may command the person to whom it is
directed to produce and permit inspection and copying
of designated books, papers, documents, or tangible
things which constitute or contain matters within the
scope of the examination permitted by Rule 26(b), but
in that event the subpoena will be subject to the provisions of Rule 26(c) and subdivision (b) of this rule.
The person to whom the subpoena is directed may,
within 10 days after the service thereof or on or before
the time specified in the subpoena for compliance if
such time is less than 10 days after service, serve upon
the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving
the subpoena shall not be entitled to inspect and copy
the materials except pursuant to an order of the court
from which the subpoena was issued. The party serving
the subpoena may, if objection has been made, move
upon notice to the deponent for an order at any time
before or during the taking of the deposition.
(2) Place of Examination. A resident of the state may
be required to attend an examination only in the county
wherein he resides or is employed or transacts his business in person, or at such other convenient place as is
fixed by an order of the court. A nonresident of the
state may be required to attend only in the county
wherein he is served with a subpoena, or within 40
miles from the place of service or at such other convenient place as is fixed by an order of the court.
(3) Foreign Depositions for Local Actions. When the
place of examination is in another state, territory, or
country, the party desiring to take the deposition may
secure the issuance of a subpoena or equivalent process
in accordance with the laws of such state, territory or
country to require the deponent to attend the
examination.
(4) Local Depositions for Foreign Actions. When any
officer or person is authorized to take depositions in this
state by the law of another state, territory or country,
with or without a commission, a subpoena to require
attendance before such officer or person may be issued
by any judge or justice of the peace of this state for attendance at any places within his jurisdiction.
!Rules for Superior Comt--p JS]
Rule 45
Rules for Superior Court
Comment by the Court. Subdivision (d) supersedes RCW
5.56.020(3).
(d)
Impanelling Jury. [Reserved-See
RCW
4.44.120.]
(e) Subpoena for Hearing or Trial. [Reserved--See
RCW 5.56.010.]
(e) ChalJenge.
(I) Kind and Number. [Reserved--See RCW
(0 Contempt. Failure by any person without adequate
4.44.130.]
(2) Peremptory Challenges Defined. [Reserved-See RCW 4.44.140.]
(3) Challenges for Cause. [Reserved--See RCW
4.44.150.]
(4) General Causes of Challenge. [Reserved--See
RCW 4.44.160.]
(5) Particular Causes of'Challenge. [Reserved--See
RCW 4.44.170.]
(6) Implied Bias Defined. [Reserved--See RCW
4.44.180.J
(7) Challenge for Actual Bias. [Reserved--See
RCW 4.44.190.]
(8) Exemption not Cause of Challenge. [Reserved--See RCW 4.44.200.]
(9) Peremptory Challenges. {Reserved--See RCW
4.44.210.]
(10) Order of Taking Challenges. [Reserved--See
RCW 4.44.220.]
( l l) Objections to Challenges. (Reserved--See
RCW 4.44.230.]
(12) Trial of Challenge. [Reserved-See RCW
4.44.240.]
(13) Challenge, Objection and Denial May Be Oral.
[Reserved--See RCW 4.44.250.]
excuse to obey a subpoena served upon him may be
deemed a contempt of the court from which the subpoena issued. lAdopted May 5, 1967, amended May 26,
1972, effective July l, 1972.]
Comment by the Court. Subdivision (f) is identical to FRCP 45(f)
and complements RCW 5.56.061, et seq. See also RCW 2.28.020
and 2.28.070.
Rule 46 Exceptions unnecessary Formal exceptions
to rulings or orders of the court are unnecessary; but
for all purposes for which an exception has heretofore
been necessary it is sufficient that a party, at the time
the ruling or order of the court is made or sought,
makes known to the court the action which he desires
the court to take or his objection to the action of the
court and his grounds therefor; and, if a party has no
opportunity to object to a ruling or order at the time it
is made, the absence of an objection does not thereafter
prejudice him. [Adopted May 5, 1967, effective July I,
1967.]
Comment by the Court. The rule is identical to FRCP 46 and supersedes RPPP 46.04W.
Rule 47
Jurors
(a) Examination of Jurors. The court may examine
the prospect\ve jurors to the extent it deems appropriate, and shall permit the parties or their attorneys to ask
reasonable questions.
(f) Oath of Jurors. [Reserved--See RCW 4.44.260.]
(g) View of Premises by Jury. lReserved---See
RCW 4.44.270.]
Comment by the Court. Subdivision (a) is intended to preserve
the present Washington practice.
(h) Admonitions to Jmors. [Reserved--See RCW
4.44.280.]
(b) Alternate Jurors. The court may direct that not
more than 6 jurors in addition to the regular jury be
called and impanelled to sit as alternate jurors. Alternate jurors in the order in which they are called shall
replace jurors who, prior to the time the jury retires to
consider its verdict, become or are found to be unable
or disqualified to perform their duties. Alternate jurors
shall be drawn in the same manner, shall have the same
qualifications, shall be subject to the same examination
and challenges, shall take the same oath, and shall have
the same functions, powers, facilities and privileges as
the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury
retires to consider its verdict. Each side is entitled to I
peremptory challenge in addition to those otherwise allowed by law if 1 or 2 alternate jurors are to be impanelled, 2 peremptory challenges if 3 or 4 alternate jurors
are to be impanelled, and 3 peremptory challenges if 5
or 6 alternate jurors are to be impanelled. The additional peremptory challenges may be used against an
alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror.
(i) Care of Jury While Deliberating. [Reserved--See
RCW 4.44.300.]
(c) Procedure When Juror Becomes Ill. [Reserved-See RCW 4.44.290.]
fRuJes
for Superior Coort---p 36)
(j) Note-taking by Jurors. With the permission of the
tri~I
judge, jurors may take written notes regarding the
evidence presented to them and keep these notes with
them when they retire for their deliberation. Such notes
sholi:ld be treated as confidential between the jurors
makmg them and their fell ow jurors, and shall be destroyed immediately after the verdict is rendered.
[Adopted May 5, 1967, effective July 1, 1967; subd. G)
adopted April 9, 1974, effective July 1, 1974.]
Rule 48 Juries of less than twelve The parties may
stipulate that the jury shall consist of any number less
than 12 or that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding
of the jury. [Adopted May 5, 1967, effective July 1,
1967.]
Comment by the Court. This rule is identical to FRCP 48. See
Washington Constitution Article I § 21.
Rule 49 Verdicts
(-) Genera) Verdict. A general verdict is that by
which the jury pronounces generally upon all or any of
the issues either in favor of the plaintiff or defendant.
Superior Court Civil Rules (CR)
Rule 50
Comment by the Court. Subdivision (-) is identical to and supersedes the second sentence of RCW 4.44.410.
(f) Manner of Giving Verdict. [Reserved--See RCW
4.44.370.]
(a) Special Verdict. The court may require a jury to
return only a special verdict in the form of a special
written finding upon each issue of fact. In that event the
court may submit to the jury written questions susceptible of categorical or other brief answer or may submit
written forms of the several special findings which
might properly be made under the pleadings and evidence; or it may use such other method of submitting
the issues and requiring the written findings thereon as
it deems most appropriate. The court shall give to the
jury such explanation and instruction concerning the
matter thus submitted as may be necessary to enable
the jury to make its findings upon each issue. If in so
doing the court omits any issue of fact raised by the
pleadings or by the evidence, each party waives his
rights to a trial by jury of the issue so omitted unless
before the jury retires he demands its submission to the
jury. As to an issue omitted without such demand the
court may make a finding; or, if it fails to do so, it shall
be deemed to have made a finding in accord with the
judgment on the special verdict.
(g) Ten Jurors in Civil Cases. [Reserved--See RCW
4.44.380.J
Comment by the Coort. Subdivision (a) is identical to FRCP 49(a)
and supersedes the third sentence of R:CW 4.44.410.
(b) General Verdict Accompanied by Answer to Interrogatories. The court may submit to the jury, together
with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall
give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the
court shall direct the jury both to make written answers
and to render a general verdict. When the general verdict and the answers or harmonious, the appropriate
judgment upon the verdict and answers shall be entered
pursuant to Rule 58. When the answers are consistent
with each other but one or more is inconsistent with the
general verdict, judgment may be entered pursuant to
Rule 58 in accordance with the answers, notwithstanding the general verdict, or the court may return the jury
for further consideration of its answers and verdict or
may order a new trial. When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, judgment shall not be
entered, but the court shall return the jury for further
consideration of its answers and verdict or shall order a
new trial.
Comment by the Court. Subdivision (b) is identical to FRCP
49(b).
(c) Discharge of Jury.
(1) Without. Verdict. [Reserved--See RCW
4.44.330.]
(2) Effect of Discharge. [Reserved--See RCW
4.44.340.]
(d) Court Recess During Deliberation. [Reserved-See RCW 4.44.350.]
(e) Proceedings When Jury Have Agreed. [Reserved--See RCW 4.44.360.]
(h) Jury May Be Polled. [Reserved--See RCW
4.44.390.]
(i) Correction of Informal Verdict. [Reserved--See
RCW 4.44.400.]
(j) Jury to Assess Amount of Recovery. [Reserved-See RCW 4.44.450.]
(k) Receiving Verdict and Discharging Jury. [Reserved--See RCW 4.44.460.J [Adopted May 5, 1967,
effective July 1, 1967. Prior: Rule 49(a) and (b), RPPP.]
Rule 50 Motion for a directed verdict and for judgment notwithstanding the verdict
(a) Motion for Directed Verdict; When Made; Effect.
A party who moves for a directed verdict at the close of
the evidence offered by an opponent may offer evidence
in the event that the motion is not granted, without
having reserved the right so to do and to the same extent as if the motion had not been made. A motion for
a directed verdict which is not granted is not a waiver
of trial by jury even though all parties to the action
have moved for directed verdicts. A motion for a directed verdict shall state the specific ground therefor.
Comment by the Court. Subdivision (a) is similar to FRCP 50(a)
and supersedes RPPP 50. Subdivision (a) does not supersede
RCW 4.56.150.
(b) Motion for Judgment Notwithstanding the Verdict.
Not later than 5 days after the entry of verdict or after
the jury is discharged if no verdict is returned, whether
or not he has moved for a directed verdict and whether
or not a verdict was returned, a party may move for
judgment notwithstanding the verdict. A motion in the
alternative for a new trial may be joined with this
motion.
(c) Alternative Motions for Judgment Notwithstanding
Verdict or for a New Trial--Effect of Appeal. Whenever a motion for a judgment notwithstanding the verdict and, in the alternative, for a new trial shall be filed
and submitted in any superior court in any civil cause
tried before a jury, and such superior court shall enter
an order granting such motion for judgment notwithstanding the verdict, such court shall at the same time,
in the alternative, pass upon and decide in the same order such motion for a new trial; such ruling upon said
motion for a new trial not to become effective unless
and until the order granting the motion for judgment
notwithstanding the verdict shall thereafter be reversed,
vacated, or set aside in the manner provided by law. An
appeal to the Supreme Court from a judgment granted
on a motion for judgment notwithstanding the verdict
shall, of itself, without the necessity of a cross-appeal,
bring up for review the ruling of the trial court on the
motion for a new trial; and the Supreme Court shall, if
it reverses the judgment entered notwithstanding the
verdict, review and determine the validity of the ruling
on the motion for a new trial. [Adopted May 5, 1967,
(Rules for Superior Court---p 37)
Rule 50
Rules for Superior Court
amended June 28, 1967, effective July l, 1967. Prior:
SO(a), RPPP Rule 50; SO(c) and (d), RPPP Rule
59.08W.]
Rule 51
Instructions to jury and deliberation
(a) Proposed. Unless otherwise requested by the trial
judge on timely notice to counsel, proposed instructions
shall be submitted when the case is called for trial. Proposed instructions upon questions of law developed by
the evidence, which could not reasonably be anticipated, may be submitted at any time before the court has
instructed the jury.
Comment by the Coort. Subdivision (a) follows paragraph (I) and
supersedes paragraphs (I) and (2) of RPPP 51.04W.
(b) Submission. Submission of proposed instructions
shall be by delivering the original and 3 or more copies
as required by the trial judge, by filing 1 copy with the
clerk, identified as the party's proposed instructions,
and by serving l copy upon each opposing counsel.
Comment by the Court. Subdivision (b) l"o1Iows and supersedes
paragraph (I) of RPPP 51.04W.
(c) Form. Each proposed instruction shall be typewritten or printed on a separate sheet of lettersize
(8 1/2 x l 1 inches) paper. Except for l copy of each,
the instructions delivered to the trial court shall not be
numbered or identified as to the proposed party. One
copy delivered to the trial court, and the copy filed with
the clerk, and copies served on each opposing counsel
shall be numbered and identified as to proposing party,
and may contain supporting annotations.
Comment by the Coort. Except for requiring instructions to be on
lettersize paper, subdivision (c) follows and supersedes paragraph
(3) of RPPP 5 l.04W.
(d) Published Instructions.
(1) Request. Any instruction appearing in the Washington Pattern Instructions (WPI) may be requested by
counsel who must submit the proper number of copies
of the requested instruction, identified by number as in
(c) of this rule, in the form he wishes it read to the jury.
If the instruction in WPI allows or provides for a choice
of wording by the use of brackets or otherwise, the
written requested instruction shall use the choice of
wording which is being requested.
(2) Record on Appeal. Where the refusal to give a
requested instruction is ground for appeal, the appealing party shall place a copy of the requested instruction
in the statement of facts.
(3) Local Option. Any superior court may adopt a
local rule to substitute for CR 51(d)(l) and to allow instructions appearing in the Washington Pattern Instructions (WPI) to be requested by reference to the
published number. If the instruction in WPI allows or
provides for a choice of wording by the use of brackets
or otherwise, the local rule must require that the written
request which designates the number of the instruction
shall also designate the choice of wording which is being requested.
(e) Disregarding Requests. The trial court may disregard any proposed instruction not submitted in accordance with this rule.
Comment by the Coort. Subdivision (e) follows and supersedes
paragraph (4) of RPPP 51.04W.
(Rules for Superior Coort---p
381
(f) Objections to Instruction. Before instructing the
jury, the court shall supply counsel with copies of its
proposed instructions which shall be numbered. Counsel shall then be afforded an opportunity in the absence
of the jury to make objections to the giving of any instruction and to the refusal to give a requested instruction. The objector shall state distinctly the matter to
which he objects and the grounds of his objection,
specifying the number, paragraph or particular part of
the instruction to be given or refused and to which objection is made.
Comment by the Court. Subdivision (t) follows and supersedes
RPPP 51.0SW and 51.16W.
(g) Instructing the Jury and Argument. After counsel
have completed their objections and the court has made
any modifications deemed appropriate, the court shall
then provide each counsel with a copy of the instructions in their final form. The court shall then read the
instructions to the jury. The plaintiff or party having the
burden of proof may then address the jury upon the
evidence, and the law as contained in the court's instructions; after which the adverse party may address
the jury; followed by the rebuttal of the party first addressing the jury.
Comment by the Court. Subdivision (g) follows and supersedes
RPPP 51.0SW.
(h) Deliberation. After argument, the jury shall retire
to consider their verdict. In addition to the written instructions given, the jury shall take with them all exhibits received in evidence, except depositions. Copies may
be substituted for any parts of public records or private
documents as ought not, in the opinion of the court, to
be taken from the person having them in possession.
Pleadings shall not go to the jury room.
Comment by the Court. Subdivision (h) follows and supersedes
RPPP 51.12W and 51.0SW.
(i) Further Instructions. After retirement for deliberation, if the jury desires to be informed on any point of
law, the judge may require the officer having them in
charge to conduct them into court. Upon the jury being
brought into court, the information requested, if given,
shall be given in the presence of, or after notice to the
parties or their counsel. Any additional instruction
upon any point of law shall be given in writing.
Comment by the Court. Subdivision (i) follows and supersedes
RCW 4.44.320.
(j) Comments Upon Evidence. Judges shall not instruct with respect to matters of fact, nor comment
thereon. [Adopted March 31, 1967, effective April 7,
1967. Readopted May 5, 1967, amended June 28, 1967,
effective July I, 1967. Subsection (d) amended, adopted
October 27, 1967, effective November 3, 1967. Subsection (d)(3) adopted March 12, 1968, effective March 29,
1968.)
Comment by the Court. Subdivision (j) follows Article 4 § 16 of
the Washington Constitution.
New Civil Rule 51--Supersedes: RPPP 51.04W, 51.12W and
51.16W; and RCW 4.44.320.
Rule 54
Superior Court Civil Rules (CR)
Rule 52 Decisions, findings and conclusions
(a) Requirements.
(1) Generally. In all actions tried upon the facts
without a jury or with an advisory jury, the court shall
find the facts specially and state separately its conclusions of law. Judgment shall be entered pursuant to
Rule 58 and may be entered at the same time as the
entry of the findings of fact and the conclusions of law.
(2) SpeciflcaJly Required. Without in any way limiting the requirements of paragraph (I), findings and
conclusions are required:
(A) Temporary Injunctions. In granting or refusing
temporary injunctions.
(B) Domestic Relations. In connection with all final
decisions in adoption, custody, and divorce proceedings, whether heard ex parte or not.
(C) Other. In connection with any other decision
where findings and conclusions are specifically required
by statute, by another rule, or by a local rule of the superior court.
(3) Proposed. Requests for proposed findings of fact
are not necessary for review.
(4) Form. If a written opinion or memorandum of
decision is filed, it will be sufficient if formal findings of
fact and conclusions of law are included.
(5) When Unnecessary. Findings of fact and conclusions of law are not necessary:
(A) Stipulation. Where all parties stipulate in writing
that there will be no appeal.
(B) Decision on Motions. On decisions of motions
under Rules 12 or 56 or any other motion, except as
provided in Rules 41(b)(3) and 55(b)(2).
(C) Temporary Restraining Orders. On the issuance
of temporary restraining orders issued ex parte.
Comment by the Court. Subdivision (a) follows FRCP 52(a) as
amended.
(b) Amendment of Findings. Upon motion of a party
made not later than 5 days after entry of judgment the
court may amend its findings or make additional findings and may amend the judgment accordingly. The
motion may be made with a motion for a new trial
pursuant to Rule 59. When findings of fact are made in
actions tried by the court without a jury, the question of
the sufficiency of the evidence to support the findings
may thereafter be raised whether or not the party raising the question has made 'in the court an objection to
such findings or has made a motion to amend them or a
motion for judgment.
(c) Presentation. Unless an emergency is shown to
exist, the court shall not sign findings of fact or conclusions of law until the defeated party or parties have received 5 days' notice of the time and place of the
submission, and have been served with copies of the
proposed findings and conclusions.
(d) Judgment Without Findings, etc. A judgment entered in a case tried to the court where findings are required, without findings of fact having been made, is
subject to a motion to vacate within the time for the
taking of an appeal. After vacation, the judgment shall
not be re-entered until findings are entered pursuant to
this rule.
(e) Time Limit for Decision. [Reserved--See RCW
2.08.240.) [Adopted May 5, 1967, effective July 1, 1967.
Prior: 52(a)(l), RPPP Rule 52.04W; 52(c) and (d),
RPPP Rule 52.08W.]
Rule 53
Rule 53.1
Masters [Reserved]
Referees
(a) Referees--Definitions
served--See RCW 2.24.060.]
and
Powers.
[Re-
(b) Reference by Consent--Rigbt to Jury Trial.
[Reserved--See RCW 4.48.010.]
(c) Reference Without Consent. [Reserved--See
RCW 4.48.020.]
(d) To Whom Reference May Be Ordered. [Reserved--See RCW 4.48.030.)
(e) Qualifications of Referees. [Reserved--See
RCW 4.48.040.)
(f) Challenges to Referees. [Reserved--See RCW
4.48.050.]
(g) Trial Procedure--Powers of Referee. [Reserved--See RCW 4.48.060.]
(h) Referee's Report-Contents--Evidence, Filing
of, Frivolous. [Reserved--See RCW 4.48.070.]
(i) Proceedings on Filing of Report. (Reserved-See
RCW 4.48.080.)
G) Judgment on Referee's Report. [Reserved-See
RCW 4.48.090.]
(k) Fees of Referees. [Reserved---See RCW
4.48.100.)
Rule 53.2 Court commissioners
(a) Appointment of Court Commissioners--Qualifications--Term of Office. [Reserved--See RCW
2.24.010.)
(b) Oath. [Reserved-See RCW 2.24.020.]
(c) Salary. [Reserved--See RCW 2.24.030.]
(d) Powers of Commissioners--Fees. [Reserved-See RCW 2.24.040 as amended 1963.]
(e) Revision by Court. [Reserved--See RCW
2.24.050.]
VII. JUDGMENT
(RULES 54-63)
Rule 54 Judgments and costs
(a) Definitions.
(I) Judgment. A judgment is the final determination
of the rights of the parties in the action and includes
any decree and order from which an appeal lies. A
judgment shall be in writing and signed by the judge
and filed forthwith as provided in Rule 58.
(Rules for Superior Court--p 39)
Rule 54
Rules for Superior Court
(2) Order. Every direction of a court or judge, made
or entered in writing, not included in a judgment, is denominated an order.
Comment by the Cowt. Paragraph (1) combines RCW 4.56.010
and FRCP 54(a) and s11persedes RCW 4.56.0iO.
(b) Judgment Upon Multiple Claims or Involving
Multiple Parties. When more than one claim for relief is
presented in an action, whether as a claim, counterclaim, cross-daim, or third-party claim, or when multiple parties are involved, the court may direct the entry
of a final judgment as to one or more but fewer than all
of the claims or parties only upon an express determination in the judgment, that there is no just reason for
?elay and upon an express direction for the entry of
Judgment. In the absence of such determination and direction, any order or other form of decision, however
designated, which adjudicates fewer than all the claims
or the rights and liabilities of fewer than all the parties
shall not terminate the action as to any of the claims or
parties, and the order or other form of decision is subject to revision at any time before the entry of judgment
adjudicating all the claims and the rights and liabilities
of all the parties.
Comment by the Court. Except for the addition of the words "in
the judgment," subdivision (b) is identical to FRCP 54(b) and
supersedes RPPP 42(c), and also supersedes RCW 4.56.030 and
4.56.040. For judgments on setoffs, see RCW 4.32.120 through
4.32.150 and RCW 4.56.050 through 4.56.075. It should be noted
that RCW 4.56.050 applies to RCW 4.32.130; RCW 4.56.060 and
4.56.070 apply to RCW 4.32.110 (in part superseded), 4.32.120,
4.32.130 and 4.32.140; and RCW 4.56.075 applies to RCW 4.32.130 and 4.32.140.
(c) Demand for Judgment. A judgment by default
shall not be different in kind from or exceed in amount
that prayed for in the demand for judgment. Except as
to a party against whom a judgment is entered by default, every final judgment shall grant the relief to
which the party in whose favor it is rendered is entitled,
even if the party has not demanded such relief in his
pleadings.
Comment by the Court. Subdivision (c) is identical to FRCP
54(c).
(d) Costs. Costs shall be fixed and allowed as provided in RCW ch. 4.84 or by any other applicable statute.
(e) Preparation of Order or Judgment. The attorney
of record for the prevailing party shall prepare and
present a proposed form of order or judgment not later
than 15 days after the entry of the verdict or decision,
or at any other time as the court may direct. Where the
prevailing party is represented by an attorney of record,
no order or judgment may be entered for the prevailing
party unless presented or approved by the attorney of
record. If both the prevailing party and his attorney of
record fail to prepare and present the form of order or
judgment within the prescribed time, any other party
may do so, without the approval of the attorney of
record of the prevailing party upon notice of presentation as provided in paragraph (f)(2).
(f) Presentation.
(1) Time. Judgments may be presented at the same
time as the findings of fact and conclusions of law under Rule 52.
[Rules for Superior Court----p 40)
(2) No~ice of Presentation. No order or judgment
shall be signed or entered until opposing counsel have
been given 5 days' notice of presentation and served
with a copy of the proposed order or judgment unless:
(A) Emergency. An emergency is shown to exist.
(B) Approval. Opposing counsel has approved in
writing the entry of the proposed order or judgment or
waived notice of presentation.
(C) After Verdict, etc. If presentation is made after
entry of verdict or findings and while opposing counsel
is in open court. [Adopted May 5, 1967, effective July l,
1967. Prior: 54(e), RPPP Rule 54.04W and Rule
77.08W (1st sentence).]
Rule 55
Default and judgment
(a) Entry of Default.
(1) Motion. When a party against whom a judgment
for affirmative relief is sought has failed to appear,
plead, or otherwise defend as provided by these rules
and that fact is made to appear by motion and affidavit,
a motion for default may be made.
(2) Pleading After Default. Any party may respond to
any pleading or otherwise defend at any time before a
motion for default and supporting affidavit is filed,
whether the party previously had appeared or not. If
the party had appeared before the motion is filed, he
may respond to the pleading or otherwise defend at any
time before the hearing on the motion. If the party had
not appeared before the motion is filed he may not respond to the pleading nor otherwise defend without
leave of court. Any appearances for any purpose in the
action shall be for all purposes under this Rule 55.
(3) Notice. Any party who has appeared in the action
for any purpose, shall be served with a written notice of
motion for default and the supporting affidavit at least
5 days before the hearing on the motion. Any party
who has not appeared before the motion for default and
supporting affidavit are filed, is not entitled to a notice
of the motion, except as provided in Rule 55(f)(2)(A).
Comment by the Court. Paragraph (1) follows FRCP 55(a). Paragraph (2) supersedes RPPP 55.04W. Paragraph (3) supersedes
RCW 4.28.220.
(b) Entry of DefauJt Judgment. As limited in Rule
54(c), judgment after default may be entered as follows,
if proof of service is on file as required by paragraph
(b)(4):
(I) When Amount Certain. When the claim against a
party, whose default has been entered under subdivision
(a), is for a sum certain or for a sum which can by
computation be made certain, the court upon motion
and affidavit of the amount due shall enter judgment
for that amount and costs against the party in default, if
be is not an infant or incompetent person. No judgment
by default shall be entered against an infant or incompetent person unless represented by a general guardian
or guardian ad litem. Findings of fact and conclusions
of law are not necessary under this paragraph even
though reasonable attorney foes are requested and
allowed.
(2) When Amount Uncertain. If, in order to enable
the court to enter judgment or to carry it into effect, it
is necessary to take an account or to determine the
Rule 56
Superior Court Civil Rules (CR)
amount of damages or to establish the truth of any
avennent by evidence or to make an investigation of
any other matter, the court may conduct such hearings
as are deemed necessary or, when required by statute,
shall have such matters resolved by a jury. Findings of
fact and conclusions of law are required under this
paragraph.
(3) When Service by Publication. In an action where
the service of the summons was by publication, the
plaintiff, upon the expiration of the time for answering,
may, upon proof of service by publicationj apply for
judgment; and the court must thereupon require proof
of the demand mentioned in the complaint, and must
require the plaintiff or his agent to be examined on oath
respecting any payments that have been made to the
plaintiff, or to any one for his use on account of such
demand, and may render judgment for the amount
which he is entitled to recover, or for such other relief
as he may be entitled to.
(4) Costs and Proof of Service. Costs shall not be
awarded and default judgment ~hall not be rendered
unless proof of service is on file with the court.
Comment by the Court. Paragraph (1) follows FRCP 55(b)(l) and
supersedes RCW 4.56.160(1). Paragraph (2) follows the third
sentence of FRCP 55(bX2) and supersedes RCW 4.56.160(2).
Paragraph (3) follows and supersedes RCW 4.56.160(3).
(c) Setting Aside Default. For good cause shown and
upon such terms as the court deems just, the court may
set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60(b).
Comment by the Court. Subdivision (c) follows FRCP 55(c) and
supersedes RCW 4.56.170.
(d) Plaintiffs, CountercJaimants, Cross-Claimants. The
provisions of this rule apply whether the party entitled
to the judgment by default is a plaintiff, a third-party
plaintiff, or a party who has pleaded a cross-claim or
counterclaim. In all cases a judgment by default is subject to the limitations of Rule 54(c).
Comment by the Court. Subdivision (d) is identical to FRCP
55(d).
(e) Judgment Against State. [Reserved.]
(0 How Made Mter Elapse of Year.
(1) Notice. When more than one year has elapsed after service of summons with no appearance being made,
the court shall not sign an order of default or enter a
judgment until a notice of the time and place of the application for the order or judgment is served on the
party in default, not less than 10 days prior to the entry.
Proof by affidavit of the service of the notice shall be
filed before entry of the judgment.
(2) Service. Service of notice of the time and place on
the application for the order of default or default judgment shall be made as follows:
(A) by service upon the attorney of record;
(B) if there is no attorney of record, then by service
upon the defendant by certified mail with return receipt
of said service to be attached to the affidavit in support
of the application; or
(C) by a personal service upon the defendant in the
same manner provided for service of process.
(D) If service of notice cannot be made under subparagraphs (A) and (C), the notice m~y be. giv~n by
publication in a newspaper of general circulatton m _the
county in which the action is pending for one publication, and by mailing a copy to the last known address
of each defendant. Both the publication and mailing
shall be done 10 days prior to the hearing. [Adopted
May 5, 1967, effective foly l, 1967.]
Comment by the Court. Subdivision (t) follows and supersedes
RPPP 55.0SW.
Rule 56 Summary judgment
(a) For Claimant. A party seeking to recover upon a
claim, counterclaim, or cross-claim, or to obtain a declaratory judgment may, at any time after the expiration of the period within which the defendant is
required to appear, or after service of a motion for
summary judgment by the adverse party, move with or
without supporting affidavits for a summary judgment
in his favor upon all or any part thereof.
(b) For Defending Party. A party against whom a
claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move
with or without supporting affidavits for a summary
judgment in his favor as to all or any part thereof.
(c) Motion and Proceedings. 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.
(d) Case Not Fully Adjudicated on Motion. If on motion under the rule judgment is not rendered upon the
whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by
interrogating counsel, shall if practicable ascertain what
material facts exist without substantial controversy and
what material facts are actually and in good faith controverted. It shall thereupon make an order specifying
the facts that appear without substantial controversy,
including the extent to which the amount of damages or
other relief is not in controversy, and directing such
further proceedings in the action as are just. Upon the
trial of the action, the facts so specified shall be deemed
established, and the trial shall be conducted
accordingly.
(e) Form of Affidavits; Further Testimony. Supporting
and opposing affidavits shall be made on personal
knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that
the affiant is competent to testify to the matters stated
therein. Sworn or certified copies of all papers or parts
thereof referred to in an affidavit shall be attached
(Rules for Superior Court-;. 411
Rule 56
Rules for Superior Court
thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions or
by further affidavits.
(f) When Affidavits Are Unavailable. Should it appear
from the affidavits of a party opposing the motion that
he cannot, for reasons stated, present by affidavit facts
essential to justify his opposition, the court may refuse
the application for judgment or may order a continuance to permit affidavits to be obtained or depositions
to be taken or discovery to be had or may make such
other order as is just.
(g) Affidavits Made in Bad Faith. Should it appear to
the satisfaction of the court at any time that any of the
affidavits presented pursuant to this rule are presented
in bad faith or solely for the purpose of delay, the court
shall forthwith order the party employing them to pay
to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to
incur, including reasonable attorneys' fees, and any offending party or attorney may be adjudged guilty of
contempt. [Adopted May 5, 1967, effective July 1,
1967.)
Comment by the Court. Rule 56 is identical to RPPP 56, which is
superseded.
Rule 57 Declaratory judgments The procedure for
obtaining a declaratory judgment pursuant to the Uniform Declaratory Judgment Act, RCW 7.24, shall be in
accordance with these rules, and the right to trial by
jury may be demanded under the circumstances and in
the manner provided in Rules 38 and 39. The existence
of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a speedy hearing of an
action for a declaratory judgment and may advance it
on the calendar. (Adopted May 5, 1967, effective July 1,
1967.)
Comment by the Court. This rule is identical to FRCP 57 except
that reference is made to the Washington Uniform Declaratory
Judgment Act. See also RCW 34.04.070.
Rule 58
Entry of judgment
(a) When. Unless the court otherwise directs and
subject to the provisions of Rule 54(b), all judgments
shall be entered immediately after they are signed by
the judge.
(b) Effective Time. Judgments shall be deemed entered for all procedural purposes from the time of delivery to the clerk for filing, unless the judge earlier
permits the judgment to be filed with him as authorized
by Rule 5(e).
(c) Notice of Entry. [Reserved--See Rule 54(f).]
(d) (Reserved}
Comment by the Court. Subdivisions (a) and (b) together with
Rule 59(b) supersede RCW 4.64.010.
(e) Judgment by Confession. (Reserved--See RCW
4.60.)
(f) Assignment of Judgment. [Reserved--See RCW
4.56.090.)
(Rules for Superior Court--;t 42)
(g) Interest on Judgments. [Reserved--See RCW
4.56. l lO.]
(h) Satisfaction of Judgments. [Reserved-See
RCW 4.56.100.]
(i) Lien of Judgment. [Reserved-See RCW
4.56.190.]
(j) Commencement of Lien on Real Estate. [Reserved--See RCW 4.56.200.)
(k) Cessation of Lien--Ex.tension Prohibited. [Reserved--See RCW 4.56.210.)
(I) Revival of Judgments. [Reserved--See RCW
4.56.225.) [Adopted May 5, 1967, effective July l, 1967.]
Rule 59
New trial and amendment of judgments
(a) Grounds for Reconsideration or New Trial. The
verdict or other decision may be vacated and a new trial granted to all or any of the parties and on all or part
of the issues when such issues are clearly and fairly
separable and distinct, on the motion of the party aggrieved for any one of the following causes materially
affecting the substantial rights of such parties:
(I) Irregularity in the proceedings of the court, jury
or adverse party, or any order of the court, or abuse of
discretion, by which such party was prevented from
having a fair trial;
(2) Misconduct of prevailing party or jury; and
whenever any one or more of the jurors shall have been
induced to assent to any general or special verdict or to
a finding on any question or questions submitted to the
jury by the court, other and different from his own
conclusions, and arrived at by a resort to the determination of chance or lot, such misconduct may be
proved by the affidavits of one or more of the jurors;
(3) Accident or surprise which ordinary prudence
could not have guarded against;
(4) Newly discovered evidence, material for the party
making the application, which he could not with reasonable diligence have discovered and produced at the
trial;
(5) Damages so excessive or inadequate as unmistakably to indicate that the verdict must have been the result of passion or prejudice;
(6) Error in the assessment of the amount of recovery
whether too large or too small, when the action is upon
a contract, or for the injury or detention of property;
(7) That there is no evidence or reasonable inference
from the evidence to justify the verdict or the decision,
or that it is contrary to law;
(8) Error in law occurring at the trial and objected to
at the time by the party making the application;
(9) That substantial justice has not been done.
Comment by the Court. Subdivision (a) follows the first paragraph
of RPPP 59.04W.
(b) Time for Motion. A motion for reconsideration
and/or for a new trial may be served and filed after the
verdict is received in a case tried by a jury or after the
oral or written decision in a case tried to the court. No
motion for reconsideration or for a new trial may be
served more than 5 days after the entry of the verdict or
oral or written decision.
RuJe (,()
Superior Court Civil Rules (CR)
Comment by the Court. Subdivision (b) supersedes RCW
trial may be made in accordance with Rule 50(c) and
4.64.010.
(d).
(c) Time for Serving Affidavits. When a motion for
new trial is based upon affidavits they shall be served
with the motion. The opposing party has 5 days after
such service within which to serve opposing affidavits,
which period may be extended for an additional period
not exceeding 20 days either by the court for good
cause shown or by the parties by written stipulation.
The court may permit reply affidavits.
Comment by the Court. Subdivision (c) follows FRCP 59(c).
(d) On Initiative of Court. Not later than 5 days after
entry of judgment, the court of its own initiative may
order a hearing on its proposed order for a new trial for
any reason for which it might have granted a new trial
on motion of a party, and in the order shall specify the
grounds thereof.
Comment by the Court. Subdivision (d) follows FRCP 59(d).
(e) Hearing on Motion. When a motion for reconsideration or for a new trial is served and filed, the judge
by whom it is to be heard may on his own motion or on
application determine:
(1) Time of Hearing. Whether the motion shall be
heard before the entry of judgment;
(2) Consolidation of Hearings. Whether the motion
shall be heard before or at the same time as the presentation of the findings and conclusions and/or judgment,
and the hearing on any other pending motion; and
(3) Nature of Hearing. Whether the motion or motions and presentation shall be heard on oral argument
or submitted on briefs, and if on briefs, shall fix the
time within .which the briefs shall be served and filed.
Comment by the Court. Subdivision (e) supersedes RPPP
8.08W(3).
(f) Statement of Reasons. In all cases where the trial
court grants a motion for a new trial, it shall, in the order granting the motion, state whether the order is
based upon the record or upon facts and circumstances
outside the record which cannot be made a part thereof.
If the order is based upon the record, the court shall
give definite reasons of law and facts for its order. If the
order is based upon matters outside the record, the
court shall state the facts and circumstances upon
which it relied.
Comment by the Court. Subdivision (f) supersedes the next to the
last paragraph of RPPP 59.04W.
(g) Reopening Judgment. On a motion for a new trial
in a~ action tried without a jury, the court may open
the judgment if one has been entered, take additional
testimony, amend findings of fact and conclusion of law
or make new findings and conclusions, and direct the
entry of a new judgment.
Comment by the Court. Subdivision (g) is identical to the last
sentence of FRCP 59(a).
(h) Motion to Alter or Amend Judgment. A motion to
alter or amend the judgment shall be served not later
than 5 days after entry of the judgment.
Comment by the Court. Subdivision (h) follows FRCP 59(e).
(i) Alternative Motions, etc. Alternative motions for
judgment notwithstanding the verdict and for a new
(j) Limit on Motions. If a motion for reconsideration,
or for a new trial, or for judgment notwithstanding the
verdict, is made and heard before the entry of the judgment, no further motion may be made for a new trial
nor pursuant to subdivisions (g), (h), and (i) of this rule,
nor under Rule 52(b), without leave of court first obtained for good cause shown. [Adopted May 5, 1967,
effective July 1, 1967. Prior: 59(a), 59(b) and 59(f),
RPPP Rule 59.04W; 59(e), RPPP Rule 8.08W(3); 59(i),
RPPP Rule 59.08W Part.]
Rule (,() Relief from judgment or order
(a) Clerical Mistakes. Clerical mistakes in judgments,
orders or other parts of the record and errors therein
arising from oversight or omission may be corrected by
the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the
court orders. During the pendency of an appeal, such
mistakes may be so corrected before the appeal is filed
in the appellate court, and thereafter while the appeal is
pending may be so corrected with leave of the appellate
court having jurisdiction of the cause.
Comment by the Court. Subdivision (a) follows FRCP 60(a) and
supersedes RPPP 60.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly
Discovered Evidence; Fraud; etc. On motion and upon
such terms as are just, the court may relieve a party or
his legal representative from a final judgment, order, or
proceeding for the following reasons:
(l) Mistakes, inadvertence, surprise, excusable neglect
or irregularity in obtaining a judgment or order;
(2) For erroneous proceedings against a minor or
person of unsound mind, when the condition of such
defendant does not appear in the record, nor the error
in the proceedings;
(3) Newly discovered evidence which by due diligence could not have been discovered in time to move
for a new trial under Rule 59(b);
(4) Fraud (whether heretofore denominated intrinsic
or extrinsic), misrepresentation, or other misconduct of
an adverse party;
(5) The judgment is void;
(6) The judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has
been reversed or otherwise vacated, or it is no longer
equitable that the judgment should have prospective
application;
(7) If the defendant was served by publication, relief
may be granted as prescribed in RCW 4.28.200;
(8) Death of one of the parties before the judgment in
the action;
(9) Unavoidable casualty or misfortune preventing
the party from prosecuting or defending;
(10) Error in judgment shown by a minor, within 12
months after arriving at full age; or
( 11) Any other reason justifying relief from the operation of the judgment.
The motion shall be made within a reasonable time
and for reasons (1), (2) or (3) not more than I year after
fRuJes for Superior Court--p 431
Rule 60
Rules for Superior Court
the judgment, order, or proceeding was entered or
taken. If the party entitled to relief is a minor or a person of unsound mind, the motion shall be made within
I year after the disability ceases. A motion under this
subdivision (b) does not affect the finality of the judgment or suspend its operation.
Comment by the Court. Subdivision (b) follows FRCP 60(b), except that paragraph (2) and paragraphs (7) through (10), and part
of paragraph (I), have been added from RCW 4.72.010. The last
sentence of FRCP 60(b) has been separated into subdivisions (c)
and (d), respectively. Subdivision (b) supersedes RCW 4.32.240,
4.72.0IO, 4.72;020, 4.72.030, and 4.72.040, to the extent that those
sections cover relief from judgments.
(c) Other Remedies. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding.
(d) Writs Abolished-Procedure. Writs of coram
nobis, coram vobis, audita querela, and bills of review
and bills in the nature of a bill of review are abolished.
The procedure for obtaining any relief from a judgment
shall be by motion as prescribed in these rules or by an
independent action.
Comment by the Court. Subdivision (d) follows the last sentence
of FRCP 60(b).
Rule 61
Harmless Error [Reserved.]
Rule 62
Stay of proceedings to enforce a judgment
(a) Automatic Stays. No execution shall issue upon a
judgment nor shall proceedings be taken for its enforcement until the expiration of 5 days after its entry.
Unless otherwise ordered, an interlocutory or final
judgment in an action for an injunction or in a receivership action, shall not be stayed during the period after
its entry and until an appeal is taken or during the
pendency of an appeal. The provisions of subdivision
(c) of this rule govern the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.
Comment by the Court. Subdivision (a) follows FRCP 62(a).
(b) Stay on Motion for New Trial or for Judgment. In
its discretion and on such conditions for the security of
the adverse party as are proper, the court may stay the
execution of or any proceedings to enforce a judgment
pending the disposition of a motion for a new trial or to
alter or amend a judgment made pursuant to Rule 59,
or of a motion for relief from a judgment in accordance
with a motion for a directed verdict made pursuant to
Rule 50, or of a motion for amendment to the findings
or for additional findings made pursuant to Rule 52(b).
Comment by the Court. Sufidivision (b) follows FRCP 62(b).
(e) Procedure on Vacation of Judgment.
(l) Motion. Application shall be made by motion
filed in the cause stating the grounds upon which relief
is asked, and supported by the affidavit of the applicant
or his attorney setting forth a concise statement of the
facts or errors upon which the motion is based, and if
the moving party be a defendant, the facts constituting
a defense to the action or proceeding.
(2) Notice. Upon the filing of the motion and affidavit, the court shall enter an order fixing the time and
place of the hearing thereof and directing all parties to
the action or proceeding who may be affected thereby
to appear and show cause why the relief asked for
should not be granted.
(3) Service. The motion, affidavit, and the order to
show cause shall be served upon all parties affected in
the same manner as in the case of summons in a civil
action at such time before the date fixed for the hearing
as the order shall provide; but in case such service cannot be made, the order shall be published in the manner
and for such time as may be ordered by the court, and
in such case a copy of the motion, affidavit, and order
shall be mailed to such parties at their last known post
office address and a copy thereof served upon the attorneys of record of such parties in such action or proceeding such time prior to the hearing as the court may
direct.
(4) Statutes. Except as modified by this rule, RCW
4.72.010-.090 shall remain in full force and effect.
[Adopted May 5, 1967, effective July l, 1967; amended
Sept. 26, 1972, effective Sept. 26, 1972.]
O>mment by the Court. Subdivision (e) follows and supersedes
RPPP 60.04W and RCW 4.72.040. Reference to "petition" in
RCW 4.72.050 is superseded. RCW 4.32.240 is superseded.
(RuJes for Superior Coort--p 44)
(c) Injunction Pending Appeal. Except as provided in
Rule on Appeal 24, when an appeal is taken from an
interlocutory or final judgment granting, dissolving, or
denying an injunction, the court in its discretion may
suspend, modify, restore, or grant an injunction during
the pendency of the appeal upon such terms as to bond
or otherwise as it considers proper for the security of
the rights of the adverse party.
Comment by the Court. Subdivision (c) follows the first sentence
of FRCP 62(c).
(d) Stay Upon Appeal. When an appeal is taken, the
appellant by giving a supersedeas bond may obtain a
stay subject to the exceptions contained in subdivision
(a) of this rule.
Comment by the Court. Subdivision (d) follows FRCP 62(d). See
Rule on Appeal 23.
(e) Sta-y in Falor of State. When an appeal is taken
by the state or an officer or agency thereof or by direction of any department of the state and the operation or
enforcement of the judgment is stayed, no bond, obligation, or other security shall be required from the
appellant.
Comment by the Court. Subdivision (e) follows FRCP 62(e).
(f) Other Stays. This rule does not limit the right of a
party to stay otherwise provided by statute or rule.
Comment by the Court. Subdivision (f) follows FRCP 62(f). See
also RCW 6.08.
(g) Power of Supreme Court Not Limited. The provisions in this rule do not limit any power of the supreme
court or of a judge thereof to stay proceedings during
the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an
appeal or to make any order appropriate to preserve the
status quo or the effectiveness of the judgment subsequently to be entered.
Superior Court Civil Rules (CR)
Comment by the Court. Subdivision (g) follows FRCP 62(g).
(b) Multiple Claims or Multiple Parties. When a court
has ordered a final judgment under the conditions stated in Rule 54(b ), the court may stay enforcement of
that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions
as are necessary to secure the benefit thereof to the
party in whose favor the judgment is entered. [Adopted
May 5, 1967, effective July 1, 1967.]
comment by the Court. Subdivision (h) follows FRCP 62(h) and
supersedes RPPP 42(c).
Rule 63
Judges
(a) Powers. See Rule 77.
(b) Disability of a Judge. If by reason of death, sickness, or other disability, a judge before whom an action
has been tried is unable to perform the duties to be
performed by the court under these rules after a verdict
is returned or findings of fact ana conclusions of law
are filed, then any other judge regularly sitting in or assigned to the court in which the action was tried may
perform those duties; but if such other judge is satisfied
that he cannot perform those duties because he did not
preside at the trial or for any other reason, he may in
his discretion grant a new trial. [Adopted May 5, 1967,
effective July 1, 1967.]
Comment by the Court. Subdivision (b) is identical to FRCP 63.
VIII.
PROVISIONAL AND FINAL REMEDIES
(RULES 64-71)
Rule 64 Seizure of person or property At the commencement of and during the course of an action, all
remedies providing for seizure of person or property for
the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under
the circumstances and in the manner provided by the
law existing at the time the remedy is sought. The remedies thus available include arrest, attachment, garnishment, replevin, sequestration, and other corresponding
or equivalent remedies, however designated and regardless of whether the remedy is ancillary to an action or
must be obtained by an independent action. [Adopted
May 5, 1967, effective July I, 1967.]
Comment by the Court. This rule follows FRCP 64.
Rule 65
Injunctions
(a) Preliminary Injunction.
(1) Notice. No preliminary injunction shall be issued
with.out notice to the adverse party.
(2) Consolidation of Hearing With Tn.al on Merits.
Before or after the commencement of the hearing of an
application for a preliminary injunction, the court may
order the trial of the action on the merits to be advanced and consolidated with the hearing of the application. Even when this consolidation is not ordered,
any evidence received upon an application for a preliminary injunction which would be admissible upon
the trial on the merits becomes part of the record o:n the
trial and need not be repeated upon the trial. This
Rule 65
paragraph shall be so construed and applied as to save
to the parties any rights they may have to trial by jury.
(b) Temporary Restraining Order; Notice; Hearing;
Duration. A temporary restraining order may be
granted without written or oral notice to the adverse
party or his attorney only if (I) it clearly appears from
specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or
damage will result to the applicant before the adverse
party or his attorney can be heard in opposition, and
(2) the applicant's attorney certifies to the court in writing the efforts, if any, which have been made to give the
notice and the reasons supporting his claim that notice
should not be required. Every temporary restraining order granted without notice shall be endorsed with the
date and hour of issuance; shall be filed forthwith in the
clerk's office and entered of record; shall define the injury and state why it is irreparable and why the order
was granted without notice; and shall expire by its
terms within such time after entry, not to exceed 10
days, as the court fixes, unless within the time so fixed
the order, for good cause shown, is extended for a like
period or unless the party against whom the order is
directed consents that it may be extended for a longer
period. The reasons for the extension shall be entered of
record. In case a temporary restraining order is granted
without notice, the motion for a preliminary injunction
shall be set down for hearing at the earliest possible
time and takes precedence of all matters except older
matters of the same character; and when the motion
comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a preliminary injunction and, if he does not do
so, the court shall dissolve the temporary restraining
order. On 2 days' notice to the party who obtained the
temporary restraining order without notice or on such
shorter notice to that party as the court may prescribe,
the adverse party may appear and move its dissolution
or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
(c) Security. Except where the court in issuing orders
pursuant to Laws of 1973, 1st Ex. Sess., Ch. 157 directs
otherwise, no restraining order or preliminary injunction shall issue except upon the giving of security by the
applicant, in such sum as the court deems proper, for
the payment of such costs and damages as may be incurred or suffered by any party who is found to have
been wrongfully enjoined or restrained. No such security shall be required of the United States or of an officer
or agency thereof. Pursuant to RCW 4.92.080 no security shall be required of the State of Washington, municipal corporations or political subdivisions of the
State of Washington.
The provisions of Rule 65.1 apply to a surety upon a
bond or undertaking under this rule.
Comment by the Court. Subdivisions (a), (b), and (c) follow
FRCP 65(a), (b), and (c).
(d) Form and Scope. Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall
(Rules for Superior Coort--p 45)
Rule 65
Rules for Superior Court
describe in reasonable detail, and not by reference to
the complaint or other document, the act or acts sought
to be restrained; and is binding only upon the parties to
the action, their officers, agents, servants, employees,
and attorneys, and upon those persons in active concert
or participation with them who receive actual notice of
the order by personal service or otherwise.
(e) Statutes. These rules are intended to supplement
and not to modify any statute prescribing the basis for
obtaining injunctive relief. These rules shall prevail over
statutes if there are procedural conflicts. [Adopted May
5, 1967, effective July 1, 1967; Subd. (c) amended,
adopted April 9, 1974, effective July 1, 1974.]
Rule 65.1 Security: Proceedings against sureties
Whenever these rules require or permit the giving of security by a party, and security is given in the form of a
bond or stipulation or other undertaking with one or
more sureties, each surety submits himself to the jurisdiction of the court and irrevocably appoints the clerk
of the court as his agent upon whom any papers affecting his liability on the bond or undertaking may be
served. His liability may be enforced on motion without
the necessity of an independent action. The motion and
such notice of the motion as the court prescribes may
be served on the clerk of the court, who shall forthwith
mail copies to the sureties if their addresses are known.
[Adopted May 5, 1967, effective July 1, 1967.]
Comment by the Court. This rule follows FRCP 65. l.
Rule 66 Receivership proceedings
(a) Generally. Receivership proceedings shall be in
accordance with the practice heretofore followed in the
superior court or as provided by local rules. In all other
respects, the action in which the receiver is sought or
which is brought by or against a receiver is governed by
these rules.
Comment by the Court. Subdivision (a) follows the second and
third sentences of FRCP 66.
(b) Dismissal. An action wherein a receiver has been
appointed shall not be dismissed except by order of the
court.
Comment by the Court. Subdivision (b) follows the first sentence
ofFRCP 66.
(c) Notice to Creditors. A general receiver appointed
to liquidate and wind up affairs shall, under the direction of the court, give notice to the creditors of the corporation, of the copartnership, or of the individual, by
publication in a newspaper of general circulation in the
county in which tht action is pending, once each week
for 3 weeks, requiring such creditors to file their claims,
duly verified, with the receiver, his attorney, or the clerk
of the court, within 30 days from the date of first publication of such notice. If necessary to afford proper notice to such creditors, the court may by order enlarge
the time for such publication or direct publication of
such notice in other counties. In addition to such publication, the receiver shall give actual notice by mail at
their last known addresses to all persons and parties to
him known to be or to claim to be creditors.
Comment by the Court. Subdivision (c) is identical to RPPP
66.04W(l) which is superseded.
(Rules for Superior Comt--p 46}
(d) Request for Special Notices. At any time after a
receiver is appointed, any person interested in said receivership as a party, creditor, or otherwise, may serve
upon the receiver (or upon the attorney for such receiver) and file with the clerk a written request stating that
he desires special notice of any and all of the following
named matters, steps or proceedings in the administration of said receivership, to-wit:
(1) Filing of petitions for sales, leases, or mortgages
of any property in the receivership.
(2) Filing of accounts.
(3) Filing of petitions for removal or discharge of
receiver.
(4) Such other matters as are officially requested and
approved by the court.
Such request shall state the post--office address of
such person, or his attorney.
Comment by the Court. Subdivision (d) follows the first paragraph of RPPP 66.04W(2) which is superseded.
(e) Notices and Hearings. Notice of any of the proceedings set out in subdivision (d) of the rule (except
petitions for the sale of perishable property, or other
personal property, the keeping of which will involve expense or loss) shall be addressed to such person, or his
attorney, at his stated post office address, and deposited
in the United States Post Office, with the postage thereon prepaid, at least 5 days before the hearing on any of
the matters above described; or personal service of such
notice may be made on such person or his attorney not
less than 5 days before such hearing; and proof of
mailing or personal service must be filed with the clerk
before the hearing. If upon the hearing it appears to the
satisfaction of the court that the notice has been regularly given, the court shall so find in its order of judgment, and such judgment shall be final and conclusive.
[Adopted May 5, 1967, effective July 1, 1967.)
Comment by the Court. Subdivision (e) follows the second paragraph of RPPP 66.04W(2) which is superseded.
Rule 67 Deposit in court In an action in which any
part of the relief sought is a judgment for a sum of
money or the disposition of a sum of money or the disposition of any other thing capable of delivery, a party,
upon notice to every other party, and by leave of court,
may deposit with the court all or any part of such sum
or thing. Money paid into court under this rule shall be
deposited and withdrawn in accordance with the provisions of RCW 4.44.480 through 4.44.500 or any like
statute or rule. [Adopted May 5, 1967, effective July 1,
1967.]
Comment by the Coort. This rule follows FRCP 67.
Rule 68 Offer of judgment At any time more than
10 days before the trial begins, a party defending
against a claim may serve upon the adverse party an
offer to allow judgment to be taken against him for the
money or property or to the effect specified in his offer,
with costs then accrued. If within IO days after the
service of the offer the adverse party serves written notice that the offer is accepted, either party may then file
the offer and notice of acceptance together with proof
of service thereof and thereupon the court shall enter
Rule 77
Superior Court Civil Rules (CR)
judgment. An offer not accepted shall be deemed withdrawn and evidence thereof is not admissible except in
a proceeding to determine costs. If the judgment finally
obtained by the offeree is not more favorable than the
offer, the offeree must pay the costs incurred after the
making of the offer. The fact that an offer is made but
not accepted does not preclude a subsequent offer.
When the liability of one party to another has been detennined by verdict or order or judgment, but the
amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable
may make an offer of judgment, which shall have the
same effect as an offer made before trial if it is served
within a reasonable time not less than 10 days prior to
the commencement of hearings to determine the
amount or extent of liability. [Adopted May 5, 1967,
effective July 1, 1967.]
Comment by the Court. This rule follows FRCP 68.
Rule 69 Execution
(a) Procedure. The procedure on execution, in proceedings supplementary to and in aid of a judgment,
and in proceedings on and in aid of execution shall be
in accordance with the practice and procedure of the
state as authorized in RCW 6.04, 6.08, 6.12, 6.16, 6.20,
6.24, 6.32, 6.36, and any other applicable statutes.
(b) Supplemental Proceedings. In aid of the judgment
or execution, the judgment creditor or his successor in
int~rest when that interest appears of record, may examme any person, including the judgment debtor, in
the manner provided in these rules for taking depositions or in the manner provided by RCW 6.32. [Adopted May 5, 1967, effective July 1, 1967.]
Comment by the Court. This rule follows FRCP 69(a).
Rule 70 Judgment for specific acts; vesting title If a
judgment directs a party to execute a conveyance of
land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the
act to be done at the cost of the disobedient party by
some other person appointed by the court and the act
whei;i so. done has like effect as if done by the party. On
apphcatton of the party entitled to performance, the
cler~ shall issue a writ of attachment or sequestration
aga~st the property of the disobedient party to compel
obedience to the judgment. The court may also in
proper cases adjudge the party in contempt. If real or
personal property is within the state, the court in lieu of
directing a conveyance thereof may enter a judgment
divesting the title of any party and vesting it in others
and such judgment has the eff~ct of a conveyance exe~uted in due .form of law. When any order or judgment
ts fo! the delivery of possession, the party in whose favor tt is entered is entitled to a writ of execution or assistance upon application to the clerk. [Adopted May 5,
1967, effective July 1, 1967. Prior: RPPP Rule 70.l
Comment by the Court. This rule follows FRCP 70. See also
RCW6.28.
Rule 71
[Reserved]
IX. APPEALS
(RULES 72-76)
[RESERVED]
X.
SUPERIOR COURTS AND CLERKS
(RULES 77-80)
Rule 77
Superior courts and judicial officers
(a) Original Jurisdiction. [Reserved--See RCW
2.08.010.]
(b) Powers of Superior Courts.
( 1) Powers of Court in Conduct of Judicial Proceedings. [Reserved--See RCW 2.28.010.]
(2) Punishment for Contempt. [Reserved--See
RCW 2.28.020.]
(3) Implied Powers. [Reserved--See RCW
2.28.150.]
(c) Powers of Judicial Officers.
( 1) Judges Distinguished from Court. [Reserved-See RCW 2.28.050.]
(2) Judicial Oflicers Defined--When Disqualified.
[Reserved--See RCW 2.28.030.] See also Rule 40(e)
for change of Judge.
(3) Po~ers of Judicial Oflicers. [Reserved-See
RCW 2.28.060.]
(4) Judicial Oflicer May Punish for Contempt. [Reserved--See RCW 2.28.070.]
(5) Powers of Judges of Supreme and Superior
Courts. [Reserved--See RCW 2.28.080.]
(6) Powers of Inferior Judicial Oflicers. [Reserved--See RCW 2.28.090.]
(7) Powers of Judge in Counties of His District. [Reserved--See RCW 2.08.190.]
(8) Visiting Judges.
(A) Assignments.
(i) Visiting Judges at Direction of Governor. [Reserved--See RCW 2.08.140.]
(ii) Visiting Judges at Request of judge or judges.
[Reserved-See RCW 2.08.140 and 2.08.150.J
(iii) Court Administrator--Make Recommendations. [Reserved--See RCW 2.56.030.]
(iv) Duty of Judges to Comply with Chief Justice's
Direction. [Reserved--See RCW 2.56.040.]
(B) Powers. Whenever a visiting judge has heard or
tried any case or matter and has departed from the
county, he may require the argument on any post-trial
motion to be submitted to him on briefs at such place
within the state as he may designate and he may sign
findings of fact, conclusions of law, judgments and
post-trial orders anywhere within the state. See also
RCW 2.08.140 and 2.08.150.
(9) Judges Pro Tempore. [Reserved--See RCW
2.08.180.]
(10) Change of Judge. [Reserved--See RCW 4.12.040 and 4.12.050.]
(11) Court May Fix Amount of Bond in Civil Actions. [Reserved--See RCW 4.44.470.]
[Rules for Superior Court--p 471
Rule 77
Rules for Superior Court
(d) Superior Courts Always Open. The superior courts
are courts of record, and shall be always open, except
on non-judicial days.
(e) No Court on Legal Holidays-Exceptions. [Reserved--See RCW 2.28.100.]
(f) Sessions. The superior courts shall hold regular
and special sessions at the county seats of the several
counties at such times as the judges may determine.
(g) Adjournments.
(I) Power. [Reserved--See RCW 2.28.120.]
(2) Automatic. [Reserved--See RCW 2.28.110.]
(3) Effect. [Reserved-See RCW 2.08.040.]
(b) Summer Recess. No cases shall be tried between
the first day of July and the first day of September of
each year except by order of the court or by consent of
all parties and of the court.
(i) Sessions Where More Than One Judge SitsEffect of Decrees, Orders, etc. [Reserved--See RCW
2.08.160.]
(j) Trials and Hearings; Orders in Chambers. Except
as otherwise authorized by these rules or by statute, all
trials upon the merits shall be conducted in open court
and so far as convenient in a regular court room. All
other acts or proceedings may be done or conducted by
a judge in chambers, without the attendance of the
clerk or other court officials and at any place either
within or without the county; but no hearing, other
than one ex parte, shall be conducted outside the county in which the cause or proceedings is pending without
the consent of all parties affected thereby.
(k) Motion Day--Local Rules. Unless local conditions make it impracticable, the superior court in each
county shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of
business, at which motions requiring notice and hearing
may be heard and disposed of; but the judge at any
time or place and on such notice, if any, as he considers
reasonable may make orders for the advancement, conduct, and hearing of actions.
(\) Submission on Briefs. To expedite its business, the
court may make provision by rule or order for the submission and determination of motions without oral
hearing upon brief written statements of reasons in
support and opposition.
(m) Stipulations. See Rule 16(c).
(n) Seal of Court. [Reserved-See RCW 2.08.050.]
[Adopted May 5, 1967, amended June 28, 1967, effective July I, 1967. Prior: 77(h) and 77(k), RPPP 77.24W
and 78.04W.]
Rule '78 Clerks
(a) Powers and Duties of Clerks. [Reserved--See
RCW 2.32.050.]
(b) Office Hours. The clerk's office with the clerk or a
deputy in attendance shall be open during business
hours on all days except Saturdays, Sundays, and legal
holidays.
(Rules for Superior Court--p 481
Comment by the Court. Subdivision (b) follows the first sentence
of FRCP 77(c). See also RCW 1.16.050.
(c) Orders by Clerk. All motions and applications in
the clerk's office for issuing mesne process, for issuing
final process to enforce and execute judgments, and for
other proceedings which do not require allowance or
order of the court are grantable of course by the clerk;
but his action may be suspended or altered or rescinded
by the court upon cause shown.
Comment by the Court. Subdivision (c) follows the second sentence of FRCP 77(c).
(d) Receipt and Publication of Depositions. Upon the
receipt of a deposition in any case, the clerk shall
forthwith endorse the date of the reception upon the
wrapper thereof, and shall enter the same upon the appearance docket. Such deposition shall remain unopened until the court shall order the same to be
published, which will be at the request of either party.
When publication is ordered, the clerk shall endorse
upon the same: "This deposition filed [giving the date
on the wrapper] and published this _____ day
__________ , 19 __ ." The wrapper shall be preserved by
the clerk without unnecessary mutilation.
Comment by the Court. Subdivision (d) is identical to and supersedes RPPP 77.16W(l).
(e) Entry of Judgments and Costs. The clerk shall enter judgment or decree pursuant to the provisions of
Rule 58 and the same shall then be entered for the sum
found due or the relief awarded, with costs and disbursements, if any, to be taxed. Entry of judgment shall
not be delayed for the taxing of costs. If no cost bill is
tiled by the party to whom costs are awarded within 10
days after the entry of the judgment or decree, the clerk
shall proceed to tax the following costs and disbursements, namely:
(I) The statutory attorneys' fee,
(2) The clerk's fee,
(3) The sheritrs fee, and
(4) Other disbursements, the amount whereof plainly
appears on the papers in the case, and shall enter the
sum thereof in the judgment entry and execution docket. If a cost bill is filed, he shall enter as the amount to
be recovered the amount claimed in such cost bill, and
no motion to retax costs shall be considered unless the
same be filed within 6 days after the filing of the cost
bill.
Comment by the Court. Subdivision (e) follows and supersedes
RPPP 77.16W(2).
(f) Bonds. The clerk shall at once upon the filing of a
bond (except bond for costs) enter the same at large
upon the journal. The clerk shall endorse upon every
affidavit or undertaking filed to procure a writ of attachment, the day, hour, and minute of filing thereof.
[Adopted May 5, 1967, effective July 1, 1967.]
Comment by the Court. Subdivision (f) is identical to and supersedes RPPP 77.16W(3).
Rule 79
Books and records kept by the clerk.
(a) Civil Docket. [Reserved.]
(b) Civil Judgments and Orders.
(I) Generally. [Reserved.]
RuJe 86
Superior Court Civil Rules (CR)
(2) Entry of Judgment in Joumal. [Reserved--See
RCW 4.64.030.)
(3) Judgment Roll. [Reserved-See RCW 4.64.040.)
(4) Identification of Judgment Roll. [Reserved-See RCW 4.64.050.)
(5) Execution Docket. [Reserved--See RCW
4.64.060.
(6) Entry of Verdict in Execution Docket. IReserved--See RCW 4.64.020.
(7) Entries in Execution Docket. [Reserved--See
RCW 4.64.080.)
(8) Transcript of Justice Docket. [Reserved--See
RCW 4.64.110.)
(9) Entry of Abstract or Transcript of Judgment.
[Reserved-See RCW 4.64.120.)
(10) Abstract of Judgment. [Reserved--See RCW
4.64.090.)
(11) Abstract of Verdict--Cessation of Lien. [Reserved-See RCW 4.64.100.J
(c) Indices; Calendars. [Reserved.)
(d) Other Books and Records of Clerk. [Reserved.)
(e) Destruction of Records. [Reserved--See RCW
36.23.070.)
(f) List of Pending Decisions. The Clerk of each
county shall maintain a permanent, public record
s~owing ~ac~ case submitted to a judge and not yet decided. Said list shall clearly show what, if any, further
action is to be taken by any party or counsel and when
said action should be taken. Said list shall be called to
the attention of every judge in said county on the first
Monday of each calendar month. Any case which shall
hav~ been submitted to any visiting judge and not yet
decided shall be called to the attention of such visiting
judge by mail on said dates. [Adopted May 5, 1967,
amended June 28, 1967, effective July 1, 1967; subsection (f) adopted Nov. 25, 1968, effective Nov. 25, 1968.)
Rule 80 Court reporters
(a) [Reserved.)
(b~ Electronic Recording. In any civil or criminal proceedmgs, electronic or mechanical recording devices
may be used to record oral testimony and other oral
proceedings in lieu of or supplementary to causing
shorthand notes thereof to be taken. In ex parte matters
the use of such a device shall rest within the sole discretion of the court. In controverted matters, the use of
recording devices shall be at the discretion of the court,
unless a party of record or his counsel makes timely
objection prior to the commencement of the proceedings. _[Adopted May 5, 1967, amended June 28, 1967,
effective July I, 1967.]
proceedings, these rules shall govern all civil proceedings. Where statutes relating to special proceedings provide for procedure under former statutes applicable
generally to civil actions, the procedure shall be governed by these rules.
(b) Conflicting Statutes and Rules. Subject to the provisions of subdivision (a) of this rule, these rules supersede all procedural statutes and other rules that may be
in conflict. [Adopted May 5, 1967, effective July 1,
1967.)
Comment by the Court. Subdivision (b) follows RPPP 86.
Rule 82
(a) Non-Resident. An action against a non-resident
of this state may be brought:
(1) In any county in which service of process may be
had, or
(2) In a county in which the acts, or any of them,
were done which gave rise to service under RCW 4.28.180 and 4.28.185, or
(3) In the county in which the plaintiffs, or any of
them, reside.
Comment by the Court. Subdivision (a) is identical to and supersedes RPPP 82.04W(b).
(b) Request--Waiver. If an action is brought in the
wron~
county, the action may nevertheless be tried
therem unless the defendant, pursuant to the provisions
of Rule 12, request that the trial be held in the proper
county and files an affidavit of merits. [Adopted May 5,
1967, effective July I, 1967.]
Rule 83
Rule 81
GENERAL PROVISIONS
(RULES 81-86)
Applicability in general
. (a) !o Wb~t Proceedings Applicable. Except where
mcons1stent with rules or statutes applicable to special
Local rules of superior court
(a) Adoption. Each superior court by action of a majority of the judges may from time to time make and
amend local rules governing its practice not inconsistent
with these rules.
Comment by the Court. Subdivision (a) follows the first sentence
of FRCP 83 and supersedes RPPP 83.04W.
(b) Format. All local rules shall conform in numbering system and in format to these rules to facilitate their
use.
(c) Copies. Copies of all local rules and amendments
immediately after adoption shall be supplied to the
court administrator in such quantities as he shall require. [Adopted May 5, 1967, effective July 1, 1967.)
Rule 84
Forms [Reserved.]
Rule 85 Title of rules These rules shall be known
and cited as the Civil Rules for Superior Court. CR is
the official abbreviation. [Adopted May 5, 1967, effective July 1, 1967.)
Rule 86
XI.
Venue
Effective dates
Generally--Pending Actions. These rules and
amendments promulgated pursuant to authority granted
to ~he Supreme Court shall govern all proceedings in
actl~ns a~ter t~ey take e.ffect, and also all further procee~mgs m actions pendmg on their effective dates, except to the extent that in the opinion of the superior
(Rules for Superior Court-,, 49)
Rule 86
Rules for Superior Court
court, expressed by its order, the application of rules in
a particular action pending when the rules take effect
would not be feasible or would work injustice, in which
event the procedure existing at the time the action was
brought applies. [Adopted May 5, 1967, effective July l,
1967. CF prior RPPP Rule 86.J
SPECIAL PROCEEDINGS RULES FOR SUPERIOR
COURT (SPR)
(Formerly: Special Proceedings Rules for Superior Court)
RULE 90.04W
Attachments--Duties of the Sheriff
RULE 91.04W
(a)
(b)
(c)
(d)
(e)
(f)
Garnishments--Service, Objections,
etc.
Methods of Service
Irregularities
Objections
Judgment Against Garnishee
Proof of Service
Applicability
RULE 93.04W
Disposition of Reports--Adoptions
RULE 94.04W Divorce Actions
(a) Defaults--Proof of Service
(b) Subpoenas by Prosecutor
(c) Fees
(d) Entry of Decree
(e) Approval of Orders etc. by Attorney of
Record
RULE 94.05
Continuation of Action--RCW
Chapter 26.08
(a) Domestic Relations
(b) Termination of Temporary Orders
(c) Supersession
RULE 98.04W
Estates--Probate--Notices
Heirs, Etc. (Abrogated)
RULE 98.05W
Probate
Proceedings--Inventory
(Abrogated)
RULE 98.08W
Estates--Settlement of Claims by
Executors,
Administrators
and
Receivers
RULE 98. IOW
Estates--Receivership---Reports
RULE 98.12W
Estates Generally--Fees
RULE 98.16W
(a)
(b)
(c)
(d)
(e)
to
Estates--Guardianship--Settlement of Claims of Minors
Representation
Hearing
Deposit in Court and Disbursements
Control of Remaining Funds
(I) Under $5,000
(2) Over $5,000
Deposit of Minor's Funds
RULE 98.20W
[Rules for Superior
Estates--Guardianships--Authorization of Expenditures
eoort___, 501
EXPLANATION BY THE COURT
Format. When adopting the format of the rule numbering and subdivision organization of the Federal
Rules it was necessary to remove all miscellaneous rules
applicable to special proceedings. This had be~n partially accomplished because many of these nuscellaneous rules had been assigned rule numbers between 87
and 99. These rule numbers continue to be reserved for
this purpose and all the miscellaneous rules relating to
special proceedings, except Criminal, are now_ ~enum­
bered in this series. Other than the addition of
subheadings, no major revisions have been undertaken
in the Special Proceedings Rules.
Statutes. No attempt has been made to cross-reference applicable statutes.
Abbreviation. These "Special Proceedings Rules for
Superior Court" may be cited as "SPRs".
Rule 90.04W Attachments--Duties of the sheriff
Immediately upon the receipt of a writ of attachment,
the sheriff shall endorse thereon, in ink, the day, hour,
and minute when the same first came into his hands.
[Adopted May 5, 1967, effective July I, 1967.]
Comment by the Coort. This rule is identical to and supersedes
RPPP 77.20W.
Rule 91.,04W
etc.
Gamishments--Service, objections,
(a) Methods of Service. In any case where a writ of
garnishment has issued, the party at whose instance ~he
writ was issued shall, on or before the day of the service
of the writ on the garnishee, mail, or cause to be
mailed, by certified mail, a copy of the writ to the defendant or judgment debtor in said cause at his last
known post office address; or, in the alternative, a copy
of the writ shall be served upon the defendant or judgment debtor in the same manner as is required for personal service of summons upon a party to an action on
or before the day of the service of said writ on the garnishee defendant or within 2 days thereafter.
(b) Irregularities. This requirement shall not be
deemed jurisdictional, but if the copy is not mailed or
served as herein provided, or any irregularity shall appear with respect to the mailing or service, the court
may, in its discretion on motion of the defendant or
judgment debtor promptly made and supported by affidavit showing that he has suffered substantial inju~
from the failure to mail said copy, set aside the said
garnishment.
(c) Objections. The judgment debtor shall make any
objections to the entry of judgment based upon the _answer of a garnishee prior to the expiration of the time
within which the garnishment should have been
answered.
(d) Judgment Against Garnishee. No judgment based
on the answer of the garnishee, or upon failure to answer shall be entered prior to the expiration of the time
within which the garnishee is required to answer.
(e) Proof of Service. The date of service of the writ of
garnishment on the defendant and on the garnishee
Special Proceedings Rules for Superior Court (SPR)
shall be determined by proof of service ~r by such other
evidence deemed by the court to be satisfactory.
(f) Applicability. This rule shall apply to garnishments
in both the superior courts and justice courts in the
State of Washington and shall supplement RCW 7.32.120 and 12.32.060. [Adopted May 5, 1967, amended
June 28, 1967, effective July l, 1967.J
Comment by the Court. Amendments to RPPP 96.04W are made
to conform to 1967 Amendments to Garnishment Statutes.
Rule 93.04W Disposition of reports--Adoptions
Any report filed by the next friend of the child in any
adoption proceeding insofar as it affects or concerns the
adopters shall be open to inspection by the adopter and
his attorney. Such report at the close of the entire proceeding shall be sealed and filed by the clerk in the
record of the adoption proceeding, or in the discretion
of the court shall be destroyed and, in any event, it
shall not be disclosed to any person without a special
order therefor in writing by the judge, and shall thereafter be sealed as before. [Adopted May 5, 1967,
amended June 28, 1967, effective July l, 1967.]
Comment by the Court. This rule is identical to RPPP 92.04W.
Rule 94.04W Divorce actions. [Adopted May 5,
1967, effective July I. 1967.] By an order dated November 6, 197 4, the Supreme Court rescinded SPR
94.04W, effective January 1. 1975, it appearing that
the purpose of the rule has been superseded bv RCW
Chapter 26.09.
·
Rule 98.12W
Rule 94.05 Continuation of actions--RCW Chapter 26.08
[Adopted June 28, 1973, effective July 16, 1973. Rescinded April 9, 1974, effective April 9, 1974.]
Rule 98.04W Estates--Probate--Notices to
heirs, etc. [Adopted May 5, 1967, amended June 28,
1967, effective July l, 1967. Abrogated June 5, 1969, effective June 13, 1969.]
JN THE SUPREME COURT OF THE STATE OF WASHINGTON
IN THE MATIER OF THE ABROGATION
OF SPECIAL PROCEEDINGS RULE FOR
SUPERIOR COURT (SPR) 98.04W
No. 25700-A-120
ORDER
WHEREAS Chapter 70 of the 1969 Session Laws supersedes the
provisions of Special Proceedings Rule for Superior Court (SPR)
98.04W; it is hereby
ORDERED that Special Proceedings Rule for Superior Court
(SPR) 98.04W is hereby abrogated effective on publication of the notice of abrogation in Washington Decisions.
Dated at Olympia, Washington this 5th day of June, 1969.
Rule 98.06W Probate proceedings--lnventory
[Adopted May 5, 1967, effective July 1, 1967. Prior:
RPPP Rule 93.06W. Abrogated June 28, 1967, effective
July 1, 1967.]
RuJ.e 98.08W Estates-Settlement of claims by
executors, administrators and receivers In all actions or
proceedings in which executors, administrators, receivers, or other persons having charge or settlement of any
estate, apply to the court for an order allowing a claim
to be compromised and settled for less than its face
value, the court shall appoint a day not less than 5 days
after such application for hearing the same, unless for
good cause shown less time should intervene, and direct
the giving of such notice as may be deemed proper.
[Adopted May 5, 1967, effective July 1, 1967.]
Comment by the Coort. This rule is identical to the first paragraph of RPPP 98.08W.
Rule 98.1 OW Estates--Receivership--Reports
All reports of receivers which involve an accounting
shall be filed at least IO days before the hearing. On filing and presentation of such report the court will appoint a time for hearing the same and will direct such
notice to be given as will most likely advise all interested parties of such hearing. [Adopted May 5, 1967, effective July 1, 1967.]
Comment by the Coort. This rule is identical to the second paragraph of RPPP 98.08W.
Rule 98.12W Estates generally--Fees Before
compensation shall be allowed to any executor, administrator, guardian, or attorney in connection with any
probate matter or proceeding, or to any receiver or his
attorney, and before any agreement therefor shall be
approved, the amount of compensation claimed shall be
definitely and clearly set forth in the application therefor, and all parties interested in the matter shall be given notice of the amount claimed in such manner as
shall be fixed by statute, or, in the absence of statute, as
shall be directed by the court; unless such application
[Rules for Superior Court----p SI)
Rule 98.12W
Rules for Superior Court
be filed with or made a part of a report or final account
of such executor, administrator, guardian, or receiver.
[Adopted May 5, 1967, effective July I, 1967. Prior:
RPPP 98.12W.]
Comment by the Court. No change is made in this rule.
Rule 98.16W Estates--Guardianship-Settlement of claims of minors
(a) Representation. In every case where there is a
settlement involving a beneficial interest or claim of a
person under the age of eighteen, hereinafter referred to
as a minor, the court must appoint an independent
guardian ad !item to investigate the adequacy of the offered settlement and file a written report. Said guardian
ad !item shall be an attorney-at~Iaw and shall serve in
said capacity with the authority to withdraw funds on
order of the court after ex parte hearing on petition setting forth the grounds therefor, on behalf of the minor
by order until the minor attains the age of eighteen or
until relieved by the court. The court may dispense with
the appointment of the guardian ad !item if a general
guardian has been previously appointed or if the court
affirmatively finds that the minor is represented by independent counsel.
(b) Hearing. At the time the petition for approval of
the settlement is heard, the allowance and taxation of
all fees, costs, and other charges incident to the settlement of the minor's claim shall be considered and disposed of by the court.
(c) Deposit in Court and Disbursements. The total
judgment shall be paid into the registry of the court. All
sums deductible therefrom including costs, attorneys'
fees, hospital and medical expenses, and any other expense. shall be paid upon approval of the court.
(d) Control of Remaining Funds.
(1) Under $5 ,000. If the money or the value of other
property remaining is $5,000 or less and there is no
general guardian of the ward. the court shall require
that (A) the money be deposited in a bank or trust
company or be 1nvested in an account in an insured
financial institution for the benefit of the ward subject
to withdrawal only upon the order of the court as a
part of the original proceeding. or (B) a general guardian
be appointed and the money or other property be paid
or delivered to such guardian.
(2) Over $5,000. If the money or the value of other
property remaining exceeds $5.000. and there is no general guardian of the ward, the court in the order or
judgment shall require that a general guardian be
appointed.
(e) Deposit of Minor's Funds. Checks for funds that
go to the minor may be made out by the c1erk jointly to
the depository bank, trust company. or insured financial
institution and the independent attorney for the minor.
guardian ad litem or general guardian and deposit shall
be made in a blocked account for the minor with provision that withdrawals cannot be made without court
order. A deposit receipt to that effect must be forthwith
filed with the court by the attorney or guardian. [Adopted
!Rules fOI' Superior c.omt--p 521
May 5, 1967. amended May 26, 1972, effective July 1,
1972, amended April 14, 1974, effective July 1, 1974.]
Rule 98.20W Estates--Guardianships--Authorization of expenditures Judges of the superior court in
charge of probate, in directing and authorizing a
guardian of the estate of the ward to make expenditures
from the estate in monthly or other periodic installments, shall limit the term of such order to a period not
greater than 12 month. [Adopted May 5, 1967, effective
July 1, 1967.]
Comment by the Court. This rule is identical to RPPP 98.20W.
SUPERIOR COURT CRIMINAL RULES (CRR)
(Formerly: Criminal Rules for Superior Court)
CHAPTER 1
SCOPE, PURPOSE
STRUCTION
AND
RULE 1.1
Scope
RULE 1.2
Purpose and Construction
RULE l.3
Effect
RULE 1.4
CON·
Prosecuting Attomey--Definition
CHAPTER 2
PROCEDURES PRIOR TO ARREST
AND OTHER SPECIAL PROCEEDINGS
RULE 2.1 The Indictment and the Information
(a) Use of Indictment or Information
(b) Nature and Contents
(c) Surplusage
(d) Amendment of Information
(e) Bill of Particulars
RULE 2.2 Warrant Upon Indictment or Information
(a) When Warrant to Issue
(b) Issuance of Summons in Lieu of Warrant
(c) Requisites of a Warrant
(d) Execution; Service
(e) Return
(f) Defective Warrant or Summons
RULE 2.3 Search and Seizure
(a) Authority to Issue Warrant
(b) Property Which May Be Seized With a
Warrant
(c) Issuance and Contents
(d) Execution and Return With Inventory
(e) Motion for Return of Property
CHAPTER 3
RIGHTS OF DEFENDANTS
RULE 3.1 Right to and Assignment of Counsel
(a) Types of Proceedings
(b) Stage of Proceedings
(c) Explaining the Availability of a Lawyer
(d) Assignment of Counsel
(e) Withdrawal of Attorneys
(f) Services Other Than Counsel
RULE 3.2 Pretrial Release
(a) Personal Recognizance
(b) Relevant Factors
Digest
Superior Court Criminal Rules (CrR)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
tj)
(k)
Conditions of Release
Order for Release
Review of Conditions
Amendment of Order
Revocation of Release
Release After Verdict
Evidence
Forfeiture
Defendant Discharged on Recognizance or
Bail--Absence--Forfeiture
RULE 3.3 Speedy Trial
(a) Responsibility of Court
(b) Time Limit
(c) Priority Over Civil Cases
(d) Excluded Periods
(e) Continuances
(f) Dismissal With Prejudice
RULE 3.4 Presence of the Defendant
(a) When Necessary
(b) Effect of Voluntary Absence
(c) Defendant Not Present
RULE 3.5 Confession Procedure
(a) Requirement For and Time of Hearing
(b) Duty of Court to Inform Defendant
(c) Duty of Court to Make a Record
(d) Rights of Defendant When Statement Is
Ruled Admissible
CHAPTER 4
PROCEDURES PRIOR TO TRIAL
RULE 4.1 Arraignment
(a) Time
(b) Counsel
(c) Waiver of Counsel
(d} Name
(e) Reading
RULE 4.2 Pleas
(a) Types
(b) Multiple Offenses
(c) Pleading Insanity
(d) Voluntariness
(e) Agreements
(f) Withdrawal of Plea
(g) Written Statement
RULE 4.3 Joinder of Offenses and Defendants
(a) Joinder of Offenses
(b) Joinder of Defendants
(c) Failure to Join Related Offenses
(d) Authority of Court to Act on Own Motion
RULE 4.4 Severance of Offenses and Defendants
(a) Timeliness of Motion; Waiver
(b) Severance of Offenses
(c) Severance of Defendants
(d) Failure to Prove Grounds for Joinder of
Defendants
(e) Authority of Court to Act on Own Motion
RULE 4.5 Omnibus Hearing
(a) When Required
(b) Time
(c) Checklist
(d)
(e)
(f)
(g)
(h)
Motions
Continuance
Record
Stipulations
Memorandum
RULE 4.6 Depositions
(a) When Taken
(b) Notice of Taking
(c) How Taken
(d) Use
(e) Objections to Admissibility
RULE 4.7 Discovery
(a) Prosecutor's Obligations
(b) Defendant's Obligations
(c) Additional Disclosures Upon Request and
Specification
(d} Material Held by Others
(e) Discretionary Disclosures
(f) Matters Not Subject to Disclosure
(g) Medical and Scientific Reports
(h) Regulation of Discovery
RULE 4.8
Subpoenas
RULE 4.9
Pretrial Conference
CHAPTER 5
VENUE
RULE 5.1 Commencement of Actions
(a) Where Commenced
(b) Two or More Counties
(c) Right' to Change
RULE 5.2 Change of Venue
(a) When Ordered--Improper County
(b) When Ordered---On Motion of Party
(c) Discharge of Jury
CHAPTER 6
PROCEDURES AT TRIAL
RULE 6.1 Trial by Jury or by the Court
(a) Trial by Jury
(b) Jury of Less Than Twelve
(c) Trial Without Jury
RULE 6.2 Jurors' Orientation
(a) Juror Handbook
(b) Juror Information Sheet
RULE 6.3
Selecting the Jury
RULE 6.4 Challenges
(a) Challenges to the Entire Panel
(b) Voir Dire
(c) Challenges for Cause
(d) Exceptions to Challenge
(e) Peremptory Challenges
RULE 6.5
Alternate Jurors
RULE 6.6
Jurors' Oath
RULE 6.7
Custody of Jury
RULE 6.8
Note-taking by Jurors
RULE 6.9
View of Premises by Jury
RULE 6.10 Discharge of the Jury
(Rules for Superior Court---p 531
Digest
RuJes for Superior Court
RULE 6.11 Judge--Disability
(a) Disability of Judge During Jury Trial
(b) Disability of Judge During Nonjury Trial
(g) Relief Upon Proper Finding
(h) Appeal
(i) Successive Motions
0) Application for Post-conviction Relief Pursuant to Rule 7.7
RULE 6.12 Witnesses
(a) Who May Testify
(b) When Excused
(c) Persons Incompetent to Testify
(d) Not Ex.eluding Grounds of Interest
RULE 8.1
Time
RULE 6.13 Material Witnesses
RULE 8.2
Motions
RULE 6.14 Immunity
RULE 8.3 Dismissal
(a) On Motion of Prosecution
(b) On Motion of Court
RULE 6.15 Instructions and Argument
(a) Proposed Instructions
(b) Statute Abrogated
(c) Objection to Instructions
(d) Instructing the Jury and Argument of
Counsel
(e) Deliberation
(f) Additional or Subsequent Instructions
(g) Several Offenses
RULE 6.16 Verdicts and Findings
(a) Verdicts
(b) Special Findings
(c) Forms
CHAPTER 7
PROCEDURES FOLLOWING CONVICTION
RULE 7.1 Sentencing
(a) Sentencing
(b) Procedure at Time of Sentencing
(c) Withdrawal of Plea of Guilty
RULE 7.2 Presentence Investigation
(a) When Made
(b) Report
(c) Disclosure
RULE 7.3
Judgment
RULE 7.4 Arrest of Judgment
(a) Arrest of Judgments
(b) Time for Motion
(c) New Charges After Arrest of Judgments
(d) Rulings on Alternative Motions in Arrest ·Of
Judgment or for a New Trial
RULE 7.5 Probation
(a) Probation
(b) Revocation
RULE 7.6 New Trial
(a) Grounds for New Trial
(b) Time for Motion
(c) Time for Affidavits
(d) Statement of Reasons
(e) Disposition of Motion
RULE 7.7 Post--conviction Relief
(a) Petition
(b) Prompt Hearing
(c) Hearing Judge
(d) Purpose of Hearing
(e) Right to Counsel
(f) Presence of Petitioner
(Rules for Superior Court--p 54)
CHAPTER 8
MISCELLANEOUS
RULE 8.4
Service and Filing of Papers
RULE 8.5
Calendars
RULE 8.6
Exceptions Unnecessary
RULE 8.7
Objections
RULE 8.8
Discharge
CHAPTER I-SCOPE, PURPOSE AND
CONSTRUCTION
RuJe 1.1 Scope. These rules govern the procedure in
the courts of general jurisdiction of the State of Washington in all criminal proceedings and supersede all
procedural statutes and rules that may be in conflict
and shall be interpreted and supplemented in light of
the common law and the decisional law of this State.
These rules shall not be construed to affect or derogate
from the constitutional rights of any defendant.
[Adopted Apr. 18, 1973, effective July 1, 1973.]
Rule 1.2 Purpose and construction. These rules are
intended to provide for the just determination of every
criminal proceeding. They shall be construed to secure
simplicity in procedure, fairness in administration, effective justice, and the elimination of unjustifiable expenses and delay. [Adopted Apr. 18, 1973, effective July
l, 1973.]
RuJe 1.3 Effect. Except as otherwise provided elsewhere in these rules, on their effective date:
(a) Any acts done before the effective date in any
proceedings then pending or any action taken in any
proceeding pending under rules of procedure in effect
prior to the effective date of these rules and any constitutional right are not impaired by these rules.
(b) These rules also apply to any proceedings in court
then pending or thereafter commenced regardless of
when the proceedings were commenced, except to the
extent that in the opinion of the court, the former procedure should continue to be made applicable in a particular case in the interest of justice or because of
infeasibility or application of the procedures of these
rules. [Adopted Apr. 18, 1973, effective July 1, 1973.]
RuJe 1.4 Prosecuting attomey--Definition. Whenever used in these rules, prosecuting attorney shall include deputy prosecuting attorneys, or such other
Rule 2.2
Superior Court Criminal Rules (CrR)
person as may be designated by statute. [Adopted Apr.
18, 1973, effective July 1, 1973.]
CHAPTER 2-PROCEDURES PRIOR TO
ARREST AND OTHER SPECIAL PROCEEDINGS
Rule 2.1
The indictment and the information.
(a) Use of Indictment or Information. The initial
pleading by the state shall be an indictment or an information in all criminal proceedings filed by the prosecuting attorney.
(b) Nature and Contents. The indictment or the information shall be a plain, concise and definite written
statement of the essential facts constituting the offense
charged. It shall be signed by the prosecuting attorney.
Allegations made in one count may incorporated by
reference in another count. It may be alleged that the
means by which the defendant committed the offense
are unknown or that he committed it by one or more
specified means. The indictment or information shall
state for each count the official or customary citation of
the statute, rule, regulation or other provision of law
which the defendant is alleged therein to have violated.
Error in the citation or its omission shall not be ground
for dismissal of the indictment or information or for reversal of a conviction if the error or omission did not
mislead the defendant to his prejudice.
(c) Surplusage. The court on motion of the defendant
may strike surplusage from the indictment or
information.
(d) Amendment of Information. The court may permit
any information to be amended at any time before verdict or finding if substantial rights of the defendant are
not prejudiced.
(e) Bill of Particulars. The court may direct the filing
of a bill of particulars. A motion for a bill of particulars
may be made before arraignment or within 10 days after arraignment or at such later time as the court may
permit. A bill of particulars may be amended at any
time subject to such conditions as justice requires.
(Adopted Apr. 19, 1973, effective July 1, 1973.]
Comment: Supersedes RCW 10.37.020, 10.37.025, 10.37.026, 10.37.035, 10.37.180; RCW 10.40.080; RCW 10.46.170.
Rule 2.2 Warrant upon indictment or information.
(a) When Warrant to Issue. When an indictment is
found or an information is filed, the court may direct
the clerk to issue a warrant for the arrest of the defendant, returnable forthwith, or direct the clerk to issue a
summons commanding the defendant to appear at a
specified time and place.
(b) Issuance of Summons in Lieu of Warrant.
(1) When summons must issue. If. the indictment or
information charges only the commission of a misdemeanor or a gross misdemeanor, the court shall direct
the clerk to issue a summons instead of a warrant unless it finds reasonable cause to believe that the defendant will not appear in response to a summons, or that
arrest is necessary to prevent serious bodily harm to the
accused or another, m which case it may issue a
warrant.
(2) Failure to appear on summons. If a person fails to
appear in response to a summons, or if service is not
effected within a reasonable time, a warrant for arrest
may issue.
(c) Requisites of a Warrant.
(1) Warrant. The warrant shall be in writing and in
the name of the State of Washington, shall be signed by
the clerk with the title of his office, and shall state the
date when issued and the county where issued. It shall
specify the name of the defendant, or if his name is unknown, any name or description by which he can be
identified with reasonable certainty. The Warrant shall
specify the offense charged against the defendant and
shall command that the defendant be arrested and
brought forthwith before the court issuing the warrant.
If the offense is bailable, the judge issuing the warrant
shall set forth thereon conditions for release pursuant to
Rule 3.2.
(d) Execution; Service.
(1) Execution of warrant. The warrant shall be directed to all peace officers in the state and shall be executed only by a peace officer.
(2) Service of summons. The summons may be served
any place within the state. It shall be served by a peace
officer who shall deliver a copy of the same to the defendant personally, or it may be served by mailing the
same, postage prepaid, to the defendant at his address.
(e) Return. The officer executing a warrant shall
make return thereof to the court before whom the defendant is brought pursuant to these rules. At the request of the prosecuting attorney any unexecuted
warrant shall be returned to the judge by whom issued
and shall be cancelled by him. The person to whom a
summons has been delivered for service shall, on or before the return date, file a return thereof with the judge
before whom summons is returnable. For reasonable
cause, the judge may order that the warrant be returned
to him.
(f) Defective Warrant or Summons.
(1) Amendment. No person arrested under a warrant
or appearing in response to a summons shall be discharged from custody or dismissed because of any irregularity in the warrant or summons, but the warrant
or summons may be amended so as to remedy any such
irregularity.
(2) Issuance of new warrant or summons. If during
the preliminary examination of any person arrested under a warrant or appearing in response to a summons, it
appears that the warrant or summons does not properly
name or describe the defendant or the offense with
which he is charged, or that although not guilty of the
offense specified in the warrant or summons, there is
re·asonable ground to believe that he is guilty of some
other offense, the judge shall not discharge or dismiss
the defendant but may allow a new indictment or information to be filed and shall thereupon issue a new
warrant or summons. [Adopted Apr. 18, 1973, effective
July. I, 1973.]
(Rules for Superior
Court--tt 55)
Rule 2.2
Rules for Superior Court
Comment: Supersedes RCW 10.3l.O10, 10.31.020.
Rule 23
Search and seizure.
(a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued by the court upon
request of a peace officer or a prosecuting attorney.
(b) Property Which May Be Seized With a Warrant.
A warrant may be issued under this rule to search for
and seize any (1) evidence of a crime; or (2) contraband, the fruits of crime, or things otherwise criminally
possessed; or (3) weapons or other things by means of
which a crime has been committed or reasonably appears about to be committed.
(c) Issuance and Contents. A warrant shall issue only
on an affidavit or affidavits establishing the grounds for
issuing the warrant. Such affidavit or affidavits may
consist of an officer's sworn telephonic statement to the
judge; provided, however, such sworn telephonic testimony must be electronically recorded by the judge on a
recording device in the custody of the judge at the time
transmitted and the recording shall be retained in the
court records and reduced to writing as soon as possible
thereafter. If the judge finds that probable cause for the
issuance of a warrant exists, he shall issue a warrant or
direct an individual whom he authorizes for such purpose to affix his signature to a warrant identifying the
property and naming or describing the person, place or
thing to be searched. The finding of probable cause
shall be based on evidence, which µiay be hearsay in
whole or in part provided there is a substantial basis for
believing the source of the hearsay to be credible and
for believing that there is factual basis for the information furnished. Before ruling on a request for a warrant
the court may require the affiant to appear personally
and may examine under oath the affiant and any witnesses he may produce. The judge shall record a summary of any additional evidence on which he relies. The
warrant shall be directed to any peace officer. It shall
command the officer to search, within a specified period
of time not to exceed 10 days, the person, place, or
thing named for the property specified. It shall designate a magistrate to whom it shall be returned. The
warrant may be served at any time.
for the return of the property on the ground that the
property was illegally seized and that he is lawfully entitled to possession thereof. If the motion is granted the
property shall be returned. If a motion for return of
property is made or comes on for hearing after an indictment or information is filed in the court in which
the motion is pending, it shall be treated as a motion to
suppress. [Adopted Apr. 18, 1973, effective July 1,
1973.)
Comment: Supersedes RCW 10.79.010, 10.79.030.
CHAPTER 3-RlGHTS OF DEFENDANTS
Rule 3.1
Right to and assignment of counsel.
(a) Types of Proceedings.
(I) The right to counsel shall extend to all criminal
proceedings for offenses punishable by loss of liberty
regardless of their denomination as felonies, misdemeanors, or otherwise.
(b) Stage of Proceedings.
(l) The right to counsel shall accrue as soon as feasible after the defendant is taken into custody, when he
appears before a committing magistrate, or when he is
formally charged, whichever occurs earliest.
(2) Counsel shall be provided at every stage of the
proceedings, including sentencing, appeal, and postconviction review. Counsel initially appointed shall
continue to represent the defendant through all stages
of the proceedings unless a new appointment is made
by the court following withdrawal of original counsel
pursuant to subsection (e) because geographical considerations or other factors make it necessary.
(c) Explaining the Availability of a Lawyer.
(l) When a person is taken into custody he shall immediately be advised of his right to counsel. Such advice shall be made in words easily understood, and it
shall be stated expressly that a person who is unable to
pay a lawyer is entitled to have one provided without
charge.
(2) At the earliest opportunity a person in custody
who desires counsel shall be provided access to a telephone, the telephone number of the public defender or
official responsible for assigning counsel, and any other
means necessary to place him in communication with a
lawyer.
(d) Execution and Return With Inventory. The peace
officer taking property under the warrant shall give to
the person from whom or from. whose premises the
property is taken a copy of the warrant and a receipt
for the property taken. If no such person is present, the
officer may post a copy of the search warrant and receipt. The return shall be made promptly and shall be
accompanied by a written inventory of any property
taken. The inventory shall be made in the presence of
the person from whose possession or premises the
property is taken, or in the presence of at least one person other than the officer. The judge shall upon request
deliver a copy of the inventory to the person from
whom or from whose premises the property was taken
and to the applicant for the warrant.
(d) Assignment of Counsel.
(I) Unless waived, counsel shall be provided to any
person who is financially unable to obtain one without
causing substantial hardship to himself or his family.
Counsel shall not be denied to any person merely because his friends or relatives have resources adequate to
retain counsel or because he has posted or is capable of
posting bond.
(2) The ability to pay part of the cost of counsel shall
not preclude assignment. The assignment of counsel
may be conditioned upon part payment pursuant to an
established method of collection.
(e) Motion for Return of Property. A person aggrieved
by an unlawful search and seizure may move the court
(e) Withdrawal of Attorneys. Whenever a criminal
cause has been set for trial, no attorney shall be· allowed
(Rules for Superior Court--p 56)
Superior Court Criminal Rules (CrR)
to withdraw from said cause, except upon written consent of the court, for good and sufficient reason shown.
(f) Services Other Than Counsel. Counsel for a defendant who is financially unable to obtain investigative, expert, or other services necessary to an adeq~ate
defense in his case may request them by a motion.
Upon finding that the services are necessary and that
the defendant is financially unable to obtain them, the
court shall authorize counsel to obtain the services on
behalf of the defendant. The courts, in the interest of
justice and on a finding that timely procurement of
necessary services could not await prior authorization,
shall ratify such services after they have been obtained.
The court shall determine reasonable compensation
for the services and direct payment to the organization
or person who rendered them upon the filing of a claim
for compensation supported by affidavit specifying the
time expended and the services, and expenses incurred
on behalf of the defendant, and the compensation received in the same case or for the same services from
any other source. [Adopted Apr. 18, 1973, effective July
I, 1973.]
Comment: Supersedes RCW 10.01.110; RCW 10.40.030; RCW
J0.46.050.
Rule 3.2 Pretriail release.
(a) Personal Recognizance. Any defendant charged
with an offense shall at his first court appearance be
ordered released on his personal recognizance pending
trial unless the court determines that such recognizance
will not reasonably assure his appearance, when required. When such a determination is made, the court
shall impose the least restrictive of the following conditions that will reasonably assure his appearance or if no
single condition gives that assurance, any combination
of the following conditions:
(1) place the defendant in the custody of a designated
person or organization agreeing to supervise him;
(2) place restrictions on the travel, association, or
place of abode of the defendant during the period of
release;
(3) require the execution of an unsecured appearance
bond in a specified amount;
(4) require the execution of an appearance bond in a
specified amount and the deposit in the registry of the
court in cash or other security as directed, of a sum not
to exceed 10 per centum of the amount of the bond,
such deposit to be returned upon the performance of
the conditions of release;
(5) require the execution of an appearance bond with
sufficient solvent sureties, or the deposit of cash in lieu
thereof;
(6) require the defendant return to custody during
specified hours; or
(7) impose any condition other than detention
deemed reasonably necessary to assure appearance as
required.
(b) Relevant Factors. In determining which conditions
of release will reasonably assure the defendant's appearance, the court shall, on the available information,
consider the relevant facts including: the length and
Rule 3.2
character of the defendant's residence in the community; his employment status and history and financial
condition; his family ties and relationships; his reputation, character and mental condition; his history of response to legal process; his prior criminal record; the
willingness of responsible members of the community to
vouch for the defendant's reliability and assist him in
appearing 1n court; the nature of the charge; and any
other factors indicating the defendant's ties to the
community.
(c) Conditions of Release. Upon a showing that there
exists a substantial danger that the defendant will commit a serious crime or that the defendant's physical
condition is such to jeopardize his safety or that of others or that he will seek to intimidate witnesses, or otherwise unlawfully interfere with the administration of
justice, the court, upon the defendant's release, may
impose one or more of the following conditions:
(I) prohibit him from approaching or communicating
with particular persons or classes of persons;
(2) prohibit him from going to certain geographical
areas or premises;
(3) prohibit him from possessing any dangerous
weapons, or engaging in certain described activities or
indulging in intoxicating liquors or in certain drugs;
(4) require him to report regularly to and remain under the supervision of an officer of the court or other
person or agency;
(5) detain him until his physical condition permits his
release.
(d) Order for Release. A court authorizing the release
of the defendant under this rule shall issue and appropriate order containing a statement of the conditions
imposed, if any, shall inform him of the penalties applicable to violations of the conditions imposed, if any,
shall inform him of the penalties applicable to violations of the conditions of his release and shall advise
him that a warrant for his arrest may be issued immediately upon any such violation.
(e) Review of Conditions. Upon determining the conditions of release, the court, upon request, after twentyfour hours from the time of release, may review the
conditions previously imposed.
(f) Amendment of Order. The court ordering the release of a defendant on any condition specified in this
rule may at any time on change of circumstances or
showing of good cause amend its order to impose additional or different conditions for release.
(g) Revocation of Release. Upon the court's own motion or a verified application by the prosecuting attorney alleging with specificity that a defendant has
willfully violated a condition of his release, a court shall
order the defendant to appear for immediate bearing or
issue a warrant directing the arrest of the defendant for
immediate hearing. A law enforcement officer having
probable cause to believe that a defendant released
pending trial for a felony is about to leave the state or
that he has violated a condition of such release, imposed pursuant to section (c), under circumstances
rendering the securing of a warrant impracticable, may
(Rules for Superior Court--p
571
Rule 3.2
Rules for Superior Court
arrest the defendant and take him forthwith before the
court.
(b) Release after Verdict. A defendant (1) who is
charged with a capital offense, or (2) who has been
found guilty of a felony and is either awaiting sentence
or has filed an appeal, shall be released pursuant to this
rule, unless the court finds that the defendant may flee
the state or pose a substantial danger to another or to
the community. If such a risk of flight or danger exists,
the defendant may be ordered detained.
(i) Evidence. Information stated in, or offered in connection with, any order entered pursuant to this rule
need not conform to the rules pertaining to the admissibility of evidence in a court of law.
(j) Forfeiture. Nothing contained in this rule shall be
construed to prevent the disposition of any case or class
of cases by forfeiture of collateral security where such
disposition is authorized by the court.
(k) Defendant Discharged on Recognizance or
Bail--Absence--Forfeiture. If the defendant has
been discharged on his own recognizance, on bail, or
has deposited money instead thereof, and does not appear when his personal appearance is necessary, the
court, in addition to the forfeiture of the recognizance,
or of the money deposited, may direct the clerk to issue
a bench warrant for his arrest. [Adopted Apr. 18, 1973,
effective July 1, 1973.)
Comment: Supersedes RCW 10.16.190; RCW 10.19.010, 10.19.020, 10.19.025, 10.19.050, 10.19.070, 10.19.080; RCW 10.40.130;
RCW 10.46.170; RCW 10.64.035.
Rule 3.3
Speedy trial.
(a) Responsibility of Court. It shall be the responsibility of the court to insure to each person charged with
crime a speedy trial in accordance with the provisions
of this rule.
(b) Time Limit. A criminal charge shall be brought to
trial within 90 days following the preliminary
appearance.
(c) Priority Over Civil Cases. Criminal trials shall
take precedence over civil. A defendant unable to obtain pretrial release shall have priority and the charge
shall be brought to trial within 60 days following the
preliminary appearance.
(d) Excluded Periods. The following periods shall be
excluded in computing the time for trial:
(l) All proceedings relating to the competency of the
defendant to stand trial.
(2) Preliminary proceedings and trial on another
charge.
(3) Delay granted by the court pursuant to section
(e).
(4) Delay in justice court resulting from a stipulated
continuance made of record.
(5) Delay resulting from the absence of the
defendant.
(6) The time between the dismissal and the refiling of
the same charge.
(Rules for Superior Court--p 58)
(e) Continuances. Continuances or other delays may
be granted as follows:
(1) On motion of the defendant on a showing of good
cause.
(2) On motion of the prosecuting attorney if:
(i) the defendant expressly consents to a continuance
or delay and good cause is shown; or
(ii) The state's evidence is presently unavailable, the
prosecution has exercised due diligence, and there are
reasonable grounds to believe that it will be available
within a reasonable time; or
(iii) required in the due administration of justice and
the defendant will not be substantially prejudiced in the
presentation of his defense.
(3) The court on its own motion may continue the
case when required in the due administration of justice
and the defendant will not be substantially prejudiced
in the presentation of his defense.
(f) Dismissal With Prejudice. A criminal charge not
brought to trial as required by this rule shall be dismissed with prejudice. [Adopted Apr. 18, 1973, effective
July l, 1973.]
Comment: Supersedes RCW 10.40:020; RCW 10.43.010; RCW
10.46.010.
Rule 3.4
Presence of the defendant.
(a) When Necessary. The defendant shall be present
at the arraignment, at every stage of the trial including
the empaneling of the jury and the return of the verdict,
and at the imposition of sentence, except as otherwise
provided by these rules, or as excused or excluded by
the court for good cause shown.
(b) Effect of Voluntary Absence. In prosecutions for
offenses not punishable by death, the defendant's voluntary absence after the trial has commenced in his
presence shall not prevent continuing the trial to and
including the return of the verdict. A corporation may
appear by counsel for all purposes. In prosecutions for
offenses punishable by fine only, the court, with the
written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendant's absence.
(c) Defendant Not Present. If in any case the defendant is not present when his personal attendance is
necessary, the court may order the clerk to issue a warrant for his arrest, which may be served as a warrant of
arrest in other cases. [Adopted Apr. 18, 1973, effective
July 1, 1973.]
Comment: Supersedes RCW 10.01.080; RCW 10.46.120, 10.46.130; RCW 10.64.020, 10.64.030.
Rule 3.5
Confes.sion procedure.
(a) Requirement For and Time of Hearing. When a
statement of the accused is to be offered in evidence,
the judge at the time of the omnibus hearing shall hold
or set the time for a hearing, if not previously held, for
the purpose of determining whether the statement is
admissable. A court reporter or a court approved electronic recording device shall record the evidence adduced at this hearing.
Superior Court Criminal Rules (CrR)
(b) Duty of Court to Inform Defendant. It shall be the
duty of the court to inform the defe?dant that: .0) he
may, but need not, testify at the heannp on the ctrcu~­
stances surrounding the statement; (2) 1f he does testify
at the hearing, he will be subject to cross examination
with respect to the circumstances surrounding the statement and with respect to his credibility; (3) if he does
testify at the hearing, he does not by so testifying waive
his right to remain silent during the trial; and (4) if he
does testify at the hearing, neither this fact nor his testimony at the hearing shall be mentioned to the jury
unless he testifies concerning the statement at trial.
(c) Duty of Court to Make a Record. After the hearing, the court shall set forth in writing: (1) the undisputed facts; (2) the disputed facts; (3) conclusions as to
the disputed facts; and (4) conclusion as to whether the
statement is admissible and the reasons therefor.
(d) Rights of Defendant When Statement Is Ruled
Admissible. If the court rules that the statement is admissible, and it is offered in evidence: (1) the defense
may offer evidence or cross-examine the witnesses, with
respect to the statement without waiving an objection to
the admissibility of the statement; (2) unless the defendant testifies at the trial concerning the statement, no
reference shall be made to the fact, if it be so, that the
defendant testified at the preliminary hearing on the
admissibility of the confession; (3) if the defendant becomes a witness on this issue, he shall be subject to
cross-examination to the same extent as would any
other witness; and, (4) if the defense raises the issue of
voluntariness under subsection (I) above, the jury shall
be instructed that they may give such weight and credibility to the confession in view of the surrounding circumstances, as they see fit. [Adopted Apr. 18, 1973,
effective July 1, 1973.]
CHAPTER 4--PROCEDURES PRIOR TO TRIAL
Rule 4.1
Arraignment.
(a) Time. Promptly after the indictment or information has been filed, the defendant shall be arraigned
thereon in open court.
(b) Counsel. If the defendant appears without counsel, the court shall inform him of his right to have
counsel before being arraigned. The court shall inquire
if he has counsel. If he is not represented and is unable
to obtain counsel, counsel shall be assigned to him by
the court, unless otherwise provided.
(c) Waiver of Counsel. If the defendant chooses to
proceed without counsel, the court shall ascertain
whether this waiver is made voluntarily, competently
and with knowledge of the consequences. If the court
finds the waiver valid, an appropriate finding shall be
entered in the minutes. Unless the waiver is valid, the
court shall not proceed with the arraignment until
counsel is provided. Waiver of counsel at arraignment
shall not preclude the defendant from claiming his right
to counsel in subsequent proceedings in the cause, and
the defendant shall be so informed. If such claim for
Rule 4.2
counsel is not timely, the court shall appoint counsel
but may deny or limit a continuance.
(d) Name. Defendant shall be asked his true name. If
he alleges that his true name is one othe! than t~at by
which he is charged, it must be entered m the mmutes
of the court, and subsequent proceedings -shall be had
against him by that name or other names relevant to
the proceedings.
(e) Reading. The indictment or information shall be
read to defendant. [Adopted Apr. 18, 1973, effective
July 1, 1973.]
Comment: Supersedes RCW 10.40.010, 10.40.030, 10.40.040;
RCW 10.46.030 in part, 10.46.040.
Rule 4.2
Pleas.
(a) Types. A defendant may plead not guilty, not
guilty by reason of insanity or guilty.
(b) Multiple Offenses. Where the indictment or information charges two or more offenses in separate counts
the defendant shall plead separately to each.
(c) Pleading Insanity. When it is desired to interpose
the defense of insanity or mental irresponsibility on behalf of one charged with a crime the defendant, his
counsel or other person authorized by law to appear
and act for him, shall at the time of pleading to the information or indictment file a plea in writing in addition to the plea or pleas required or permitted by other
laws than this setting up (1) his insanity or mental irresponsibility at the time of the commission of the crime
charged, and (2) whether the insanity or mental irresponsibility still exists, or (3) whether the defendant has
become sane or mentally responsible between the time
of the commission of the crime and the time of the trial.
The plea may be interposed at any time thereafter, before the submission of the cause to the jury if it be
proven that the insanity or mental irresponsibility of the
defendant at the time of the crime was not before
known to any person authorized to interpose a plea.
(d} Voluntariness. The court shall not accept a plea of
guilty, without first determining that it is made voluntarily, competently and with an understanding of the
nature of the charge and the consequences of the plea.
The court shall not enter a judgment upon a plea of
guilty unless it is satisfied that there is a factual basis
for the plea.
(e) Agreements. If a plea of guilty is based upon an
agreement between the defendant and the prosecuting
attorney, such agreement must be made a part of the
record at the time the plea is entered. No agreement
shall be made which specifies what action the judge
shall take on or pursuant to the plea or which attempts
to control the exercise of his discretion, and the court
shall so advise the defendant.
(t) Withdrawal of Plea. The court shall allow a defendant to withdraw his plea of guilty whenever it appears
that the withdrawal is necessary to correct a manifest
injvstice.
(Rules for Superior Court---p 59)
Rule 4.2
Rules for Superior Court
(g) Written Statement. A written statement of the defendant in substantially the form set forth below shall
be tiled on a plea of guilty:
l
SUPERIOR COURT OF WASHINGTON
FOR __________ COUNTY
STATE OF WASHINGTON,
Plaintiff, I
VL
I
_______________ ,
NO. ____ _
STATEMENT OF
DEFENDANT ON
PLEA OF GUILTY
Defendant.
1. My true name is _________________ .
2. My age is ________________________ ,
3. My lawyer is---------------------·
4. The court has told me that I am charged with the
crime of _______________ , the maximum sentence for
which is _______________ .
5. The court has told me that:
(a) I have the right to have counsel (a lawyer), and
that if I cannot afford to pay for counsel, one will
be provided at no expense to me.
(b) I have the right to a trial by jury.
(c) I have the right to hear and question witnesses
who testify against me.
(d) I have the right to have witnesses testify for me.
These witnesses can be made to appear at no expense to me.
(e) The charge must be proven beyond a reasonable doubt.
6. I plead __________ to the crime of __________ as
charged in the information, a copy of which I have
received.
7. I make this plea freely and voluntarily.
8. No one has threatened harm of any kind to me or
to any other person to cause me to make this plea.
9. No person has made promises of any kind to cause
me to enter this plea except as set forth in this
statement.
10. I have been told the Prosecuting Attorney will take
the following action and make the following recommendation to the court:
I I. I have been told and fully understand that the court
does not have to follow the Prosecuting Attorney's recommendation as to sentence. The court is completely
free to give me any sentence it sees fit no matter what
the Prosecuting Attorney recommends.
12. The court has told me that if I am sentenced to
prison the Judge must sentence me to the maximum
term required by the law, which in this case is
---------------·The minimum term of sentence is set
by the Board of Prison Terms and Paroles. The Judge
and Prosecuting Attorney may recommend a minimum
sentence to the Board but the Board does not have to
follow their recommendation. I have been further advised that the crime with which I am charged carries a
mandatory minimum of _____ years. (If not applicable,
this sentence shall be stricken and initialed by the defendant and the judge.)
13. The court has asked me to state briefly in my own
words what I did that resulted in my being charged
with the crime in the information. This is my
jRuJes for Superior Court---p 00)
statement:
14. I have read or have had read to me all of the numbered sections above (1 through 14) and have received a
copy of "Statement of Defendant on Plea of Guilty." I
have no further questions to ask of the court.
The above statement was read by or read to the defendant and signed by the defendant in the presence of
his attorney, _______________ , Prosecuting Attorney
_______________ , and the undersigned Judge in open
court.
DATED THIS _____ day of __________ , 19 __ ,
Judge
[Adopted Apr. 18, 1973, effective July l, 1973.)
Comment: Supersedes RCW I0.40.150, I0.40.160, 10.40.175.
Rule 4.3
Joinder of offenses and defendants.
(~) Joinder of Offenses.
Two or more offenses may be joined in one charge,
with each offense stated in a separate count, when the
offenses, whether felonies or misdemeanors or both:
(I) are of the same or similar character, even if not
part of a single scheme or plan; or
(2) are based on the same conduct or on a series of
acts connected together or constituting parts of a single
scheme or plan;
(3) improper joinder of offenses or defendants shall
not preclude subsequent prosecution on the same
charge for the charge or defendant improperly joined.
(b) Joinder of Defendants.
Two or more defendants may be joined in the same
charge:
(I) when each of the defendants is charged with accountability for each offense included;
(2) when each of the defendants is charge with conspiracy and one or more of the defendants is also
charge with one or more offenses alleged to be in furtherance of the conspiracy; or
(3) when, even if conspiracy is not charged and all of
the defendants are not charged in each count, it is alleged that the several offenses charged:
(i) were part of a common scheme or plan; or
(ii) were so closely connected in respect to time, place
and occasion that it would be difficult to separate proof
of one charge from proof of the others.
(c) Failure to Join Related Offenses.
(1) Two or more offenses are related offenses, for
purposes of this rule, if they are within the jurisdiction
and venue of the same court and are based on the same
conduct.
(2) When a defendant has been charged with two or
more related offenses, his timely motion to join them
for trial should be granted unl.ess the court determines
that because the prosecuting attorney does not have
sufficient evidence to warrant trying some of the offenses at that time, or for some other reason, the ends of
justice would be defeated if the motion were granted. A
defendant's failure to so move constitutes a waiver of
any right of joinder as to related offenses with which
the defendant knew he was charged.
Rule 4.5
Superior Court Criminal Rules (CrR)
(3) A defendant who has been tried for one offense
may thereafter move to dismiss a charge for a related
offense, unless a motion for joinder of these offenses
was previously denied or the right of joinder was
waived as provided in section (b ). The motion to dismiss must be made prior to the second trial, and shall
be granted unless the court determines that because the
prosecuting attorney was unaware of the facts constituting the related offense or did not have sufficient evidence to warrant trying this offense at the time of the
first trial, or for some other reason, the ends of justice
would be defeated if the motion were granted.
(4) Entry of a plea of guilty to one offense does not
bar the subsequent prosecution of a related offense unless the plea of guilty was entered on the basis of a plea
agreement in which the prosecuting attorney agreed to
seek or not to oppose dismissal of other related charges
or not to prosecute other potential related charges.
(d) Authority of Court to Act on Own Motion.
The court may order consolidation for trial of two or
more indictments or informations if the offenses or defendants could have been joined in a single charge.
[Adopted Apr. 18, 1973, effective July l, 1973.)
Rule 4.4 Severance of offenses and defendants.
(a) Timeliness of Motion; Waiver.
(1) A defendant's motion for severance of offenses or
defendants must be made before trial, except that a
motion for severance may be made before or at the
close of all the evidence if the interests of justice require. Severance is waived if the motion is not made at
the appropriate time.
(2) If a defendant's pretrial motion for severance was
overruled be may renew the motion on the same ground
before or at the close of all the evidence. Severance is
waived by failure to renew the motion.
(b) Severance of Offenses.
(1) The court, on application of the prosecuting at-
torney, or on application of the defendant other than
under section (a), shall grant a severance of offenses
whenever before trial or during trial with consent of the
defendant, the court determines that severance will
promote a fair determination of the defendant's guilt or
innocence of each offense.
(c) Severance of Defendants.
(1) A defendant's motion for severance on the ground
that an out-of-court statement of a co-defendant referring to him is inadmissible against him shall be granted
unless:
(i) The prosecuting attorney elects not to offer the
statement in the case in chief.
.(ii) ~e~etion of all references to the moving defendant
will eliminate any prejudice to him from the admission
of the statement.
(2) The court, on application of the prosecuting attorney, or on application of the defendant other than
under subsection (i), should grant a severance of defendants whenever:
(i) if before trial, it is deemed necessary to protect a
defendant's rights to a speedy trial, or it is deemed appropriate to promote a fair determination of the guilt or
innocence of a defendant; or
(ii) if during trial upon consent of the severed defendant, it is deemed necessary to achieve a fair determination of the guilt or innocence of a defendant.
(3) When such information would assist the court in
ruling on a motion for severance of defendants, the
court may order the prosecuting attorney to disclose
any statement made by the defendants which he intends
to introduce in evidence at the trial.
(d) Failure to Prove Ground for Joinder of Defendants.
If, pursuant to section (a), a defendant moves to be
severed at the conclusion of the prosecution's case or of
all the evidence, and there is not sufficient evidence to
support the grounds upon which the moving defendant
was joined or previously denied severance, the court
shall grant a severance if, in view of this lack of evidence, failure to sever prejudices the moving defendant.
(e) Authority of Court to Act on Own Motion. The
court may order a severance of offenses or defendants
before trial if a severance could be obtained on motion
of a defendant or the prosecution. [Adopted Apr. 18,
1973, effective July 1, 1973.]
Comment: Supersedes RCW I0.46.100.
Rule 4.5
Omnibus hearing.
(a) When Required. When a plea of not guilty is entered, the court may set a time for an omnibus hearing.
(b) Time. the time set for the omnibus hearing shall
allow sufficient time for counsel to (i) initiate and complete discovery; (ii) conduct further investigation of the
case, as needed; and (iii) continue plea discussions.
(c) Checklist. At the omnibus hearing, the trial court
on its own initiative, utilizing a checklist substantially in
the form of the omnibus application by plaintiff and
defendant (see section (h)) shall:
(i) ensure that standards regarding provision of counsel have been complied with;
(ii) ascertain whether the parties have completed discovery and, if not, make orders appropriate to expedite
completion;
(iii) make rulings on any motions, other requests then
pending, and ascertain whether any additional motions,
or requests will be made at the hearing or continued
portions thereof;
(iv) ascertain whether there are any procedural or
constitutional issues which should be considered;
(v) .up?n ~greement of counsel, or upon a finding that
the tn~I is hkely to
protracted or otherwise unusually
complicated, set a time for a pretrial conference; and
(vi) permit defendant to change his plea.
?e
(d) Motions. All motions and other requests prior to
trial should ordinarily be reserved for and presented
orally at the omnibus hearing unless the court otherwise
directs. Failure to raise or give notice at the hearing of
any error or issue of which the party concerned has
(Rules for Superior Court--p 61)
Rule 4.5
Rules for Superior Court
knowledge may constitute waiver of such error or issue.
Checklist forms substantially like the memorandum required by section (h) shall be made available by the
court and utilized at the hearing to ensure that all requests, errors and issues are then considered.
(e) Continuance. Any and all issues should be raised
either by counsel or by the court without prior notice,
and if appropriate, informally disposed of. If additional
discovery, investigation or preparation, or evidentiary
hearing, or formal presentation is necessary for a fair
and orderly determination of any issue, the omnibus
hearing should be continued from time to time until all
matters raised are properly disposed of.
(f) Record. A verbatim record, (electronic, mechanical or otherwise), shall be made of all proceedings at
the hearing.
(g) Stipulations. Stipulations by any party shall be
binding upon that party at trial unless set aside or
modified by the court in the interests of justice.
(b) Memorandum. At the conclusion of the hearing, a
summary memorandum shall be made indicating disclosure made, rulings and orders of the court, stipulations, and any other matters determined or pending.
Such summary memorandum shall be in substantially
the following form:
Date Filed by Clerk
Copy Received
SUPERIOR COURT OF WASHINGTON
FOR---------- COUNTY
ST ATE OF WASHINGTON,
Plaintiff,
NO. ____ _
OMNIBUS APPLICATION
BY PLAINTIFF
AND DEFENDANT
vs.
Defendant.
Date ____________________________ _
Notice to ________________________ _
Purpose: To prepare for trial or plea and to determine the extent of discovery to be granted to each
party.
I.
MOTION BY DEFENDANT
Comes now the defendant and makes the applications or motions checked off below:
1. To dismiss for failure of the indictment (or information) to state an offense. Granted _____ Denied
2. To sever defendant's case and for separate trial.
3. To sever counts and for a separate trial.
4. To make more definite and certain.
5. For discovery of all oral, written or recorded statements made by defendant to investigating officers or to
third parties and in the possession of the plaintiff.
6. For discovery of the names and addresses of plaintiff's witnesses and their statements.
7. To inspect physical or documentary evidence in
plaintiff's possession.
{Rules for Superior Court--p 621
8. To suppress physical evidence in plaintiff's possession because of (l) illegal search, (2) illegal arrest.
Hearing set for __________ .
9. For a hearing under Rule 3.5.
IO. To suppress evidence of the identification of the
defendant.
I l. To take the deposition of witnesses.
12. To secure the appearance of a witness at trial or
hearing.
13. To inquire into the conditions of pretrial release.
Affirmed __________ Modified to----------·
To Require the Prosecution
14. To state-(a) If there was an informer involved;
(b) Whether he will be called as a witness at the
trial; and
(c) To state the name and address of the informer
or claim the privilege.
15. To disclose evidence in plaintiff's possession, favorable to defendant on the issue of guilt.
16. To disclose whether it will rely on prior acts or convictions of a similar nature for proof of knowledge or
intent.
17. To advise whether any expert witness will be called,
and if so, supply-(a) Name of witness, qualifications and subject of
testimony;
(b) Report.
18. To supply any reports or tests of physical or mental
examinations in the control of the prosecution.
19. To supply any reports of scientific tests, experiments, or comparisons and other reports to experts in
the control of the prosecution, pertaining to this case.
20. To permit inspection and copying of any books, papers, documents, photographs or tangible objects which
the prosecution-(a) Obtained from or belonging to the defendant,
or
(b) Which will be used at the hearing or trial.
21. To supply any information known concerning a prior conviction of persons whom the prosecution intends
to call as witnesses at the hearing or trial.
22. To inform the defendant of any information he has
indicating entrapment of the defendant.
-----------------------Dated: __________
Attorney for Defendant
II.
MOTION BY PLAINTIFF
The plaintiff makes the application or motions
checked:
I. Defendant to state the general nature of his defense.
2. Defendant to state whether or not he will rely on an
alibi and, if so, to furnish a list of his alibi witnesses
and their addresses. Granted _ __ ___ ___ _ Denied
3. Defendant to state whether or not he will rely on a
defense of insanity at the time of the offense.
(a) If so, defendant to supply the name(s) of bis
witness(es) on the issue, both lay and professional.
Superior Court Criminal Rules (CrR)
(b) If so, defendant to permit the prosecution to
inspect and copy all medical reports under his
control or the control of his attorney.
(c) Defendant will also state whether or not he will
submit to a psychiatric examination by a doctor
selected by the prosecution.
4. Defendant to furnish results of scientific tests, experiments or comparisons and the names of persons
who conducted the tests.
5. Defendant to appear in a lineup.
6. Defendant to speak for voice identification by
witnesses.
7. Defendant to be fingerprinted.
8. Defendant to pose for photographs (not involving a
reenactment of the crime).
9. Defendant to try on articles of clothing.
10. Defendant to permit taking of specimens of material
under fingernails.
l l. Defendant to permit taking of samples of blood,
hair and other materials of his body which involve no
unreasonable intrusion thereof.
12. Defendant to provide samples of his handwriting.
13. Defendant to submit to a physical external inspection of his body.
14. Defendant to state whether there is any claim of incompetency to stand trial.
15. For discovery of the names and addresses of defendant's witnesses and their statements.
16. To inspect physical or documentary evidence in defendant's possession.
17. To take the deposition(s) of witness(es).
18. To secure the appearance of a witness at trial or
hearing.
19. Defendant to state whether his prior convictions will
be stipulated or need be proved.
20. Defendant to state whether he will stipulate to the
continuous chain of custody of evidence from acquisition to trial.
Dated: _____________ _
Prosecuting Attorney
It is so ordered this _____ day of----------·
Judge
[Adopted Apr. 18, 1973, effective July 1, 1973.]
Comment: Supersedes RCW 10.46.030 in part.
Rule 4.6 Depositions.
.<a) When Taken. Upon a showing that a prospective
witness may be unable to attend or prevented from attending a trial or hearing or if a witness refuses to dis~uss the. case with either counsel and that his testimony
~s matenal and that it is necessary to take his deposition
1? order to prevent a failure of justice, the court at any
time after the filing of an indictment or information
may upon m?tion ?f a party and notice to the parties
order that ~is testimony be taken by deposition and
that any designated books, papers, documents or tangible objects, not privileged, be produced at the same
time and place.
Rule 4.7
(b) Notice of Taking. The party at whose instance a
deposition is to be taken shall give to every other party
reasonable written notice of the time and place for taking the deposition. The notice shall state the name and
address of each person to be examined. On motion of a
party upon whom the notice is served, the court for
cause shown may extend or shorten the time and may
change the place of taking.
(c) How Taken. A deposition shall be taken in the
manner provided in civil actions. No deposition shall be
used in evidence against any defendant who has not
had notice of and an opportunity to participate in or be
present at the taking thereof.
(d) Use. At the trial or upon any hearing, a part or all
of a deposition so far as otherwise admissible under the
rules of evidence may be used if it appears: that the
witness is dead; or that the witness is unavailable, unless it appears that his unavailability was procured by
the party offering the deposition; or that the witness is
unable to attend or testify because of sickness or infirmity; or that the party offering the deposition has been
unable to procure the attendance of the witness by subpoena. Any deposition may also be used by any party
for the purpose of contradicting or impeaching the testimony of the deponent as a witness.
(e) Objections to Admissibility. Objections to receiving in evidence a deposition or part thereof may be
made as prov.ided in civil actions. [Adopted Apr. 18,
1973, effective July l, 1973.]
Rule 4.7
Discovery.
(a) Prosecutor's Obligations.
(1) Except as otherwise provided by protective orders
or as to matters not subject to disclosure, the prosecuting attorney shall disclose to the defendant the following material and information within his possession or
control no later than the omnibus hearing:
(i) The names and addresses of persons whom the
prosecuting attorney intends to call as witnesses at the
hearing or trial, together with any written or recorded
statements and the substance of any oral statements of
such witnesses;
(ii) Any written or recorded statements and the substance of any oral statements made by the defendant, or
made by a codefendant if the trial is to be a joint one;
(iii) When authorized by the court, those portions of
grand jury minutes containing testimony of the defendant, relevant testimony of persons whom the prosecuting 3:ttorney intends to call as witnesses at the hearing
or tnal, and any relevant testimony that has not been
transcribed.
(iv) Any reports or statements of experts made in
conn.ection with the particular case, including results of
physical or mental examinations and scientific tests ex'
periments, or comparisons;
(v~ Any .hooks, ~apers, documents, photographs, or
tangible objects, which the prosecuting attorney intends
to use in the hearing or trial or which were obtained
from or belonged to the defendant; and
(Rules for Superior Court---tt 631
Rule 4.7
Rules for Superior Court
(vi) Any record or prior criminal convictions known
to the prosecuting attorney of the defendant and of
persons whom the prosecuting attorney intends to call
as witnesses at the hearing or trial.
(2) The prosecuting attorney shall disclose to the
defendant:
(i) Any electronic surveillance, including wiretapping,
of the defendant's premises or conversations to which
the defendant was a party and any record thereof;
(ii) Any expert witnesses whom the prosecuting attorney will call at the hearing or trial, the subject of their
testimony, and any reports they have submitted to the
prosecuting attorney;
(iii) Any information which the prosecuting attorney
has indicating entrapment of the defendant.
(3) Except as is otherwise provided as to protective
orders, the prosecuting attorney shaU disclose to defendant's counsel any material or information within his
knowledge which tends to negate defendant's guilt as to
the offense charged.
(4) The prosecuting attorney's obligation under this
section is limited to material and information within the
knowledge, possession or control of members of his
staff.
(b) Defendant's Obligations.
(1) Except as is otherwise provided as to matters not
subject to disclosure and protective orders, the defendant shall disclose to the prosecuting attorney the following material and information within his control no
later than the omnibus hearing:
(i) The names and addresses of persons whom the
defendant intends to call as witnesses at the hearing or
trial, together with any written or recorded statements
and the substance of any oral statements of such
witness.
(2) Notwithstanding the initiation of judicial proceedings, and subject to constitutional limitations, the
court on motion of the prosecuting attorney or the defendant, may require or allow the defendant to:
(i) Appear in a lineup;
(ii) Speak for identification by a witness to an
offense;
(iii) Be fingerprinted;
(iv) Pose for photographs not involving reenactment
of the crime charged;
(v) Try on articles of clothing;
(vi) Permit the taking of samples of or from his
blood, hair, and other materials of his body including
materials under his fingernails which involve no unreasonable intrusion thereof;
(vii) Provide specimens of his handwriting;
(viii) Submit to a reasonable physical, medical, or
psychiatric inspection or examination;
(ix) State whether there is any claim of incompetency
to stand trial;
(x) Allow inspection of physical or documentary evidence in defendents' possession;
(xi) To state whether his prior convictions will be
stipulated or need to be proved;
[Rules for Superior Coort--p 64)
(xii) To state whether or not he will rely on an alibi
and, if so, furnish a list of alibi witnesses and their
addresses;
(xiii) To state whether or not he will rely on a defense
of insanity at the time of the offense;
(xiv) To state the general nature of his defense.
(3) Provisions may be made for appearance for the
foregoing purposes in an order for pretrial release.
(c) Additional Disclosures Upon Request and Specification. Except as is otherwise provided as to matters not
subject to disclosure the prosecuting attorney shall,
upon request of the defendant, disclose any relevant
material and information regarding:
(I) specified searches and seizures;
(2) the acquisition of specified statements from the
defendant; and
(3) the relationship, if any, of specified persons to the
prosecuting authority.
(d) Material Held by Others. Upon defendant's request and designation of material or information in the
knowledge, possession or control of other persons which
would be discoverable if in the knowledge, possession
or control of the prosecuting attorney, the prosecuting
attorney shall attempt to cause such material or information to be made available to the defendant. If the
prosecuting attorney's efforts are unsuccessful and if
such material or persons are subject to the jurisdiction
of the court, the court shall issue suitable subpoenas or
orders to cause such material to be made available to
the defendant.
(e) Discretionary Disclosures.
(1) Upon a showing of materiality to the preparation
of the defense, and if the request is reasonable, the
court in its discretion may require disclosure to the defendant of the relevant material and information not
covered by sections (a), (c) and (d).
(2) The court may condition or deny disclosure authorized by this rule if it finds that there is a substantial
risk to any person of physical harm, intimidation, bribery, economic reprisals or unnecessary annoyance or
embarrassment, resulting from such disclosure, which
outweigh any usefulness of the disclosure to the
defendant.
(f) Matters Not Subject to Disclosure.
( 1) Work product. Disclosure shall not be required of
legal research or of records, correspondence, reports or
memoranda to the extent that they contain the opinions, theories or conclusions of investigating or prosecuting agencies except as to material discoverable under
(a)(l)(iv).
(2) Informants. Disclosure of an informant's identity
shall not be required where his identity is a prosecution
secret and a failure to disclose will not infringe upon
the constitutional rights of the defendant. Disclosure of
the identity of witnesses to be produced at a hearing or
trial shall not be denied.
(g) Medical and Scientific Reports. Subject to constitutional limitations, the court may require the defendant to disclose any reports or results, or testimony
relative thereto, of physical or mental examinations or
Rule 5.2
Superior Court Criminal Rules (CrR)
of scientific tests, experiments or comparisons, or any
other reports or statements of experts which the defendant intends to use at a hearing or trial.
(b) Regulation of Discovery.
(1) Investigations not to be impeded. Except as is
otherwise provided with respect to protective orders and
matters not subject to disclosure, neither the counsel for
the parties nor other prosecution or defense personnel
shall advise persons other than the defendant having
relevant material or information to refrain from discussing the case with opposing counsel or showing opposing. cm.~nsel any relevant material, nor shall they
otherwise impede opposing counsel's investigation of
the case.
(2) Continuing duty to disclose. If, after compliance
~th these sta~~ards or ord~rs pur~uant thereto, a party
discovers additional matenal or mformation which is
subject to disclosure, he shall promptly notify the other
party or his counsel of the existence of such additional
material, and if the additional material or information
is discovered during trial, the court shall also be
notified.
(3) Custody of materials. Any materials furnished to
an attorney pursuant to these standards shall remain in
his exclusi~e cu~to~y and be used only for the purposes
of conductmg his side of the case, and shall be subject
to such other terms and conditions as the court may
provide.
(4) Protective orders. Upon a showing of cause, the
cour~ may at any time order that specified disclosure be
restncted or deferred, or make such other order as is
appropriate, provided that all material and information
to which a party is entitled must be disclosed in time to
permit his counsel to make beneficial use thereof.
. (5) Excision. When some parts of certain material are
d~scoverable under this rule, and other parts not
discoverable, as much of the material shall be disclosed
as i.s c?~sistent with this rule. Material excised pursuant
to 1udic1al order shall be sealed and preserved in the
records of the court, to be made available to the appellate court in the event of an appeal.
(6) In camera proceedings. Upon request of any pers~n, the court ~ay permit any showing of cause for derual or regulation of disclosure, or portion of such
showing, to be made in camera. A record shall be made
?f such_ proceedings. If the court enters an order grantmg relief following a showing in camera, the entire
record of such showing shall be sealed and preserved in
the records of the court, to be made available to the
appellate court in the event of an appeal.
(7) Sanctions.
. ~i) If at any time during the course of the proceedings
it is b~ought to the attention of the court that a party
has failed to. comply with an applicable discovery rule
or an order issued pursuant thereto, the court may or?er such_ party to permit the discovery of material and
inform~t101:1 not pre~iously disclosed, grant a continuance, dismiss the action or enter such other order as it
deems just under the circumstances.
(ii) Willful violation by counsel of an applicable discovery rule or an order issued pursuant thereto may
subject counsel to appropriate sanctions by the court.
[Adopted Apr. 18, 1973, effective July 1, 1973.]
Comment: Supersedes RCW I0.37.030, I0.37.033; RCW 10.46.030 in part.
Rule 4.8 Subpoenas. Subpoenas shall be issued in
the same manner as in civil actions. [Adopted Apr. 18,
1973, effective July 1, 1973.]
Comment: Supersedes RCW 10.46.030 in part; RCW 10.46.050.
Rule 4.9 Pretrial conference. At any time after the
filing of the indictment or information the court upon
motion of any party or upon its own motion may order
one or more conferences to consider such matters as
will promote a fair and expeditious trial. The defendant
and his attorney shall be present at any such conference, unless the defendant makes an intelligent written
waiver of his right to be present. A memorandum of the
matters agreed upon shall be signed by counsel, the defendant personally, and the court, and shall be filed. No
admission made by the defendant or his attorney at the
conference shall be used against the defendant unless it
is included in such signed memorandum. Any admissions contained in the memorandum shall be binding
only for the purpose of the case in which the conference
is held. No conference shall be held if the defendant is
not represented by counsel. Any conference held shall
be reported. If possible, the judge who conducts the
conference should try the case. [Adopted Apr. 18, 1973,
effective July ~, 1973.]
CHAPTER 5-VENUE
Rule 5.1
Commencement of actions.
(a) Where Commenced. All actions shall be
commenced:
(1) In the county where the offense was committed.
(2) In any county wherein an element of the offense
was committed or occurred.
(b) Two or More Counties. When there is reasonable
doubt whether an offense has been committed in one of
two or more counties, the action may be commenced in
any such county.
(c) Rig~t to Change. When a case is filed pursuant to
(b) of this rule, the defendant shall have the right to
change venue to any other county in which the offense
may have been committed. Any objection to venue
must be made as soon after the initial pleading is filed
as the defendant has knowledge upon which to make it.
[Adopted Apr. 18, 1973, effective July I, 1973.]
Comment: Supersedes RCW 10.25.010, 10.25.020, 10.25.030, 10.25.040, 10.25.050, 10.25.060, 10.25.110.
Rule 5.2
Change of venue.
(a) When Ordered-Improper County. The court
shall order a change of venue upon motion and showing that the action has not been prosecuted in the
proper county.
(b) When Ordered-On Motion of Party. The court
may order a change of venue to any county in the state:
(Rules for Superior Coort--p Ml
Rule 5.2
Rules for Superior Court
( l) Upon written agreement of the prosecuting attorney and the defendant.
(2) Upon motion of the defendant, supported by affidavit that he believes he cannot receive a fair trial in
the county where the action is pending.
(c) Discharge of Jury. When the court orders a
change of venue it shall discharge the jury, if any, without prejudice to the prosecution, and direct that all the
papers and proceedings be certified to the superior
court of the proper county and direct the defendant and
the witnesses to appear at such court. [Adopted Apr. 18,
1973, effective July 1, 1973.)
Comment: Supersedes RCW 10.25.080, 10.25.090, 10.25.100;
RCW 10.46.180.
CHAPTER 6--PROCEDURES AT TRIAL
Comment: RCW 10.46.070 is superseded in part by all of Rule 6.
Rule 6.1 Trial by jury or by the court.
(a) Trial by Jury. Cases required to be tried by jury
shall be so tried unless the defendant files a written
waiver of a jury trial, and has consent of the court.
(b) Jury of Less Than Twelve.
(I) If prior to trial on a noncapital case, all defend-
an ts so elect, the case shall be tried by a jury of six, or
by the court.
(2) If a juror is unable to continue and if no alternate
jurors have been selected or if none is available, all defendants may elect to continue with the remaining jurors; otherwise a mistrial may be gtanted on motion of
any defendant.
(c) Trial Without Jury. In a case tried without a jury
the court, shall enter findings of fact and conclusions of
law. In giving the decision, the facts found and the
conclusions of law shall be separately stated. The court
shall enter such findings of fact and conclusions of law
only upon five days notice of presentation to the parties. [Adopted Apr. 18, 1973, effective July l, 1973.)
Comment; Supersedes RCW 10.49.020.
Rule 6.2 Jurors' orientation. All jurors will be given
a generai orientation when they report for duty.
(a) Juror Handbook. A copy of the Uniform Washington Juror's Handbook as prepared by the Washington Supreme Court Committee on Jury Instructions
shall be provided to all petit jurors by the court in
which they are to serve.
(b) Juror Information Sheet. Prior to the commencement of a petit juror's term of service, a juror information sheet shall be furnished to him by the court in
which he is to serve. The format of the information
sheet shall be consistent with recommendations of the
Administrator for the Courts. [Adopted Apr. 18, 1973,
effective July I, 1973; amended, adopted April 9, 1974,
effective July I, 1974.]
Rule 6.3 Selecting the Jury. When the action is
called for trial, the clerk shall prepare separate ballots
containing the names of the jurors summoned who have
fRules for Superior Court--p 66)
appeared and not been excused, and deposit them in a
box. He shall draw the required number of names for
purposes of voir dire examination. Any necessary additions to the panel shall be drawn from the clerk's list of
qualified jurors. The clerk shall thereupon prepare separate ballots and deposit them in the trial jury box.
[Adopted Apr. 18, 1973, effective July 1, 1973.]
Rule 6.4 Challenges.
(a) Challenges to the Entire Panel. Challenges to the
entire panel shall only be sustained for a material departure from the procedures prescribed by law for their
selection.
(b) Voir Dire. A voir dire examination shall be conducted for the purpose of discovering any basis for
challenge for cause and for the purpose of gaining
knowledge to enable an intelligent exercise of peremptory challenges. The judge shall initiate the voir dire
examination by identifying the parties and their respective counsel and by briefly outliPing the nature of the
case. The judge and counsel may then ask the prospective jurors questions touching their qualifications to
serve as jurors in the case, subject to the supervision of
the court as appropriate to the facts of the case.
(c) Challenges for Cause.
(I) If the judge after examination of any juror is of
the opinion that grounds for challenge are present, he
shall excuse that juror from the trial of the case. If the
judge does not excuse the juror, any party may challenge the juror for cause.
(2) RCW 4.44.150 through 4.44.200 shall govern
challenges for cause.
(d) Exceptions to Challenge.
(1) Determination. The challenge may be excepted to
by the adverse party for insufficiency and, if so, the
court shall determine the sufficiency thereof, assuming
the facts alleged therein to be true. The challenge may
be denied by the adverse party and, if so, the court shall
try the issue and determine the law and the facts.
(2) Trial of challenge. Upon trial of a challenge, the
rules of evidence applicable to testimony offered upon
the trial of an ordinary issue of fact shall govern. The
juror challenged, or any other person otherwise competent, may be examined as a witness by either party. If a
challenge be determined to be sufficient, or if found to
be true, as the case may be, it shall be allowed, and the
juror to whom it was taken excluded; but if not so determined or found otherwise, it shall be disallowed.
(e) Peremptory Challenges.
( l) Peremptory challenges defined. A peremptory
challenge is an objection to a juror for which there is no
reason given, but upon which the court shall exclude
him. In prosecutions for capital offenses the defense
and the state may challenge peremptorily twelve. jur~rs
each; in prosecution for offenses punishable by lillpnsonment in a penitentiary six jurors each; in all other
prosecutions, three jurors each. When several defen~­
ants are on trial together, each defendant shall be entitled to one challenge in additioD: to !he ~umber _of
challenges provided above, with discretion m !be tnal
Rule 6.13
Superior Court Criminal Rules (CrR)
judge to afford the prosecution such additional challenges as circumstances warrant.
(2) Peremptory challenges--how taken. After prospective jurors have been passed for cause, peremptory
challenges shall be exercised alternately first by the
prosecution then by each defendant until the peremptory challenges are exhausted or the jury accepted. Acceptance of the ju~ as presently constituted sha~l not
waive any remammg peremptory challenges to JUrors
subsequently called. [Adopted Apr. 18, 1973, effective
July 1, 1973.]
Comment: Supersedes RCW 10.49.030, 10.49.040, 10.49.050,
10.49.060.
Rule 6.5 Alternate jurors. When the jury is selected
the court may direct the selection of one or more additional jurors, in its discretion, to be known as alternate
jurors. Each party shall be entitled to one peremptory
challenge for each alternate juror to be selected. When
several defendants are on trial together, each defendant
shall be to one challenge in addition to the challenge
provided above, with discretion in the trial judge to afford the prosecution such additional challenges as circumstances warrant. If at any time before submission of
the case to the jury a juror is found unable to perform
his duties the court shall order him discharged, and the
clerk shall draw the name of an alternate who shall take
his place on the jury. [Adopted Apr. 18, 1973, effective
July 1, 1973.]
Comment: Supersedes RCW 10.49.070.
Rule 6.6 Jurors' oath. The jury shall be sworn or affirmed well and truly to try the issue between the state
and the defendant, according to the evidence and instructions by the court. [Adopted Apr. 18, 1973, effective July 1, 1973.]
Comment: Supersedes RCW 10.49.100.
Rule 6.7 Custody of jury. The jury shall be allowed
to separate unless the court finds that such would jeopardize a fair trial. Any motions or proceedings concerning the separation of the jury shall be made out of the
presence of the jury. [Adopted Apr. 18, 1973, effective
July 1, 1973.]
Comment: Supersedes RCW 10.49.l IO.
Rule 6.8 Note-taking by jurors. With permission of
the trial judge, jurors may take notes regarding the evidence presented to them and keep these notes with
them when they retire for their deliberation. Such notes
should be treated as confidential between the jurors
making them and their fell ow jurors, and be destroyed
immediately after the verdict is rendered. [Adopted
Apr. 18, 1973, effective July 1, 1973.]
Rule 6.9 View of premises by jury. The court may
allow the jury to view the place in which any material
fact occurred. In such event it shall order the jury to be
conducted in a body, in the custody of a proper officer
of the court to the place which shall be shown to them
by the judge. The defendant shall be present at the
view. During the view, no person other than the judge
or person authorized by him shall speak to the jury on
any subject relating to the trial. [Adopted Apr. 18, 1973,
effective July I, 1973.]
Rule 6.10 Discharge of the jury. The jury may be
discharged by the court on consent of both partie~ .or
when it appears that there is no reasonable probab1hty
of their reaching agreement. [Adopted Apr. 18, 1973,
effective July 1, 1973.]
Rule 6.11
Judge--Disability.
(a) Disability of Judge During Jury Trial. If, before
the judge submits the case to the jury, he is unable to
continue with the trial, any other judge assigned to or
regularly sitting in the court, upon familiarizing himself
with the record of the trial, may proceed with the trial.
Upon defendant's objection to the replacement, a mistrial shall be granted. If, after the judge submits the
case to the jury, he is unable to continue, the case shall
proceed before another judge.
(b) Disability of Judge During Nonjury Trial. If a
judge before whom trial without jury has commenced is
unable to proceed with the trial, a mistrial shall be
granted. [Adopted Apr. 18, 1973, effective July 1, 1973.]
Rule 6.12 Witnesses.
(a) Who May Testify. Any person may be a witness
in any action or proceeding under these rules except as
hereinafter provided.
(b) When Excused. A witness subpoenaed to attend
in a criminal case is dismissed and excused from further
attendance as soon as he has given his testimony-inchief and has been cross-examined thereon, unless either party makes requests in open court that the witness
remain in attendance; and witness fees will not be allowed any witness after the day on which his testimony
is given, except when the witness has in open court
been required to remain in further attendance, and
when so required the clerk shall note that fact in his
journal.
(c) Persons Incompetent to Testify. The following
persons are incompetent to testify: (I) Those who are of
unsound mind, or intoxicated at the time of their production for examination; and (2) Children who do not
have the capacity of receiving just impressions of the
facts about which they are examined or who do not
have the capacity of relating them truly. This shall not
affect any recognized privileges.
(d) Not Excluded on Grounds of Interest. No person
offered as a witness shall be excluded from giving evidence by reason of his interest in the result of the action, as a party thereto or otherwise, but such interest
may be shown to affect his credibility. [Adopted Apr.
18, 1973, effective July l, 1973.]
Comment: (See RCW IO.Ol.130).
Rule 6.13 Material witnesses. On motion of the
prosecuting attorney or the defendant a witness may be
compelled to attend a hearing to determine whether his
testimony is material. Upon request, the court shall appoint counsel for a witness who is financially unable to
(Rules for Superior Caurt--p 67)
Rule 6.13
Rules for Superior Court
obtain one. Upon a determination that his testimony is
material, and that it appears probable that a witness
will not voluntarily appear at the trial, the court shall
order the taking of his deposition. Pending the taking of
the deposition the provisions of Rule 3.2 shall apply.
[Adopted Apr. 18, 1973, effective July 1, 1973.]
Comment: Supersedes RCW 10.16.140, probably supersedes
RCW 10.16.145, 10.16.150; modifies if not supersedes RCW 10.16.160; supersedes in part RCW 10.52.040.
Rule 6.14 Immunity. In any case the court on motion of the prosecuting attorney, may order that a witness shall not be excused from giving testimony or
producing any papers, documents or things, on the
ground that his testimony may tend to incriminate or
subject him to penalty or forfeiture; but he shall not be
prosecuted or subjected to criminal penalty or forfeiture
for or on account of any transaction, matter, or fact
concerning which he has been ordered to testify pursuant to this rule. He may nevertheless be prosecuted for
failing to comply with the order to answer, or for perjury or the giving of false evidence. [Adopted Apr. 18,
1973, effective July 1, 1973.)
Rule 6.15
Instructions and argument.
(a) Proposed Instructions. Proposed jury instructions
shall be served and filed when a case is called for trial
be serving one copy upon counsel for each party, by
filing one copy with the clerk, and by delivering the
original and one additional copy for each party to the
trial judge. Additional instructions, which could not be
reasonably anticipated, shall be served and filed at any
time before the court has instructed the jury.
Not less than ten days before the date of trial, the
court may order counsel to serve and file proposed instructions not less than three days before the trial date.
Each proposed instruction shall be on a separate
sheet of paper. The original shall not be numbered nor
include citations of authority.
Any superior court may adopt special rules permitting certain instructions to be requested by number
from any published book of instructions.
(b) Statute Abrogated. That portion of RCW 10.52.040, reading as follows, is hereby abrogated:
"And provided further, that it shall be the duty of the
court to instruct the jury that no inference of guilt shall
arise against the accused if the accused shall fail or
refuse to testify as a witness in bis or her own behalf."
(c) Objection to Instructions. Before instructing the
jury, the court shall supply counsel with copies of the
proposed numbered instructions, verdict and special
finding forms. The court shall afford to counsel an opportunity in the absence of the jury to object to the
giving of any instructions and the refusal to give a requested instruction or submission of a verdict or special
finding form. The party objecting shall state the reasons
for his objection, specifying the number, paragraph, and
particular part of the instruction to be given or refused.
The court shall provide counsel for each party with a
copy of the instructions in their final form.
(Rules for Superior Court---p 68)
(d) Instructing the Jury and Argument of Counsel. The
court shall read the instruction to the jury. The prosecution may then address the jury after which the defense may address the jury followed by the
prosecution's rebuttal.
(e) Deliberation. After argument, the jury shall retire
to consider the verdict. The jury shall take with them
the instructions given, all exhibits received in evidence
and a verdict form or forms.
(f) Additional or Subsequent Instructions.
( 1) After retirement for deliberation, if the jury desires to be informed on any point of law, the judge may
require the officer having them in charge to conduct
them into court. Upon the jury being brought into
court, the information requested, if given, shall be given
in the presence of, or after notice to the parties or their
counsel. Any additional instruction upon any point of
law shall be given in writing.
(2) After jury deliberations have begun, the court
shall not instruct the jury in such a way as to suggest
the need for agreement, the consequences of no agreement, or the length of time a jury will be required to
deliberate.
(g) Several Offenses. The verdict forms for an offense
charged or necessarily included in the offense charged
or an attempt to commit either the offense charged or
any offense necessarily included therein may be submitted to the jury. [Adopted Apr. 18, 1973, effective
July 1, 1973; amended, adopted Aug. 22, 1973, effective
Jan. 2, 1974.)
Rule 6.16
Verdicts and findings.
(a) Verdicts.
(1) Several defendants. If there are two or more defendants, the jury at any time during its deliberations
may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed; if a
jury cannot agree with respect to all, the defendant or
defendants as to whom it does not agree may be tried
again.
(2) Return of verdict. When all members of the jury
agree upon a verdict, the foreman shall complete and
sign the verdict form and retum it to the judge in open
court.
(3) Poll ofjurors. When a verdict or special finding is
returned and before it is recorded, the jury shall be
polled at the request of any party or upon the court's
own motion. If at the conclusion of the poll, all of the
jurors do not concur, the jury may be directed to return
for further deliberations or may be discharged by the
court.
(b) Special Findings. The court may submit to the
jury forms for such special findings which may be required or authorized by law. The court shall give such
instruction as may be necessary to enable the jury both
to make these special findings or verdicts and to render
a general verdict. When a special finding is inconsist~nt
with another special finding or with the _general verdict,
the court may order the jury to retue for further
consideration.
Rule 7.4
Superior Court Criminal Rules (CrR)
(c) Forms.
(l) Verdict. The verdict of the jury may be in sub-
stantially the following form:
We, the jury, find the defendant guilty [or not guilty]
of the crime of
as charged in count
number (._ _ __,
Signature of Foreman
(2) Special findings. Special findings may be substantially in the following form:
Was the defendant (name) armed with a deadly
weapon at the time of the commission of the crime
charged? [in count number
.] Yes ( ) No
( ).
[Adopted Apr. 18, 1973, effective July 1, 1973.]
Comment: Supersedes RCW 10.61.030, 10.61.035 in part, 10.61.040, 10.61.050.
CHAPTER 7-PROCEDURES FOLLOWING
CONVICTION
Rule 7.1
Sentencing.
(a) Sentencing.
(1) Imposition of sentence. Sentence shall be imposed
or an order deferring sentence shall be entered without
unreasonable delay. Pending such action the court may
release or commit the defendant, pursuant to Rule 3.2.
Before .disposition the court shall afford counsel an opportumty to speak and shall ask the defendant if he
wishes to make a statement in bis own behalf and to
present any information in mitigation of punishment.
(b) Procedure at Time of Sentencing. The court shall,
at the time of sentencing, unless the judgment and sentence are based on a plea of guilty, advise the
defendant:
(1) of his right to appeal;
(2) that unless a notice of appeal is filed within 30
days after the entry of the judgment or order appealed
from, the right of appeal is irrevocably waived;
(3) that the court clerk will, if requested by defendant
appearing without counsel, file a notice of appeal in his
behalf; and
(4) of his right, if unable to pay the costs thereof, to
have counsel appointed and portions of the trial record
necessary for review of assigned errors transcribed at
public expense for an appeal. These proceedings shall
be made a part of the record.
(c) Withdrawal of Plea of Guilty. A motion to withdraw a plea of guilty may be made only before sentence
is imposed or imposition of sentence is suspended or
deferred; but to correct manifest injustice the court, after sentence may set aside the judgment of conviction
and permit the defendant to withdraw his plea. [Adopted Apr. 18, 1973, effective July l, 1973.]
Comment: Supersedes RCW I0,64.010, I0.64.040.
Rule 7.2 Presentence investigation.
(a) When Made. The court shall order the Department of Social and Health Services, Division of Institutions, to make a presentence investigation and report to
the court before the imposition of sentence or the
granting of probation, except that the court may dispense with a presentence report if:
(I) the maximum penalty is one year or less;
(2) the defendant has two or more prior felony
convictions;
(3) the defendant refuses to be interviewed by the
probation department or requests that disposition be
made without a presentence report;
(4) it is impractical to verify the background of the
defendant;
(5) the court finds in writing, with reasons stated, that
the report would be of no practical use.
(b) Report. The report of the presentence investigation shall contain any prior criminal record of the defendant and such information about his characteristics,
his financial condition and the circumstances affecting
his behavior as may be helpful in imposing sentence or
in granting probation or in the correctional treatment of
the defendant, and such other information as may be
required by the court.
(c) Disclosure.
(1) Before imposing sentence the court shall permit
the defendant to read the report of the presentence investigation unless in the opinion of the court the report
contains information which if disclosed would be
harmful to the defendant or other persons; and the
court shall.afford the defendant or his counsel an opportunity for comment or rebuttal.
(2) If the court is of the view that there is information
in the presentence report, disclosure of which would be
harmful to the defendant or to other persons, the court
in lieu of making the report or part thereof available
shall state orally or in writing a summary of the factual
information contained therein to be relied on in determining sentence, and shall give the defendant or his
counsel an opportunity for comment or rebuttal. The
statement may be made to the parties in camera.
(3) Any material disclosed to the defendant or his
counsel shall also be disclosed to the prosecuting attorney. [Adopted Apr. 18, 1973, effective July l, 1973.]
Comment: Supersedes RCW 10.49.010.
Rule 7.3 Judgment. A judgment of conviction shall
set forth whether defendant was represented by counsel
or validly waived counsel, the plea, the verdict or findings, and the adjudication and sentence. If the defendant is found not guilty or for any other reason is
entitled to be discharged, judgment shall be entered accordingly. The judgment shall be signed by the judge
and entered by the clerk. [Adopted Apr. 18, 1973, effective July l, 1973.]
Rule 7.4 Arrest of Judgment.
(a) Arrest of Judgments. Judgment may be arrested
on the motion of the defendant for the following
causes: (1) lack of jurisdiction of the person or offense;
(2~ the indic~ment ~r information does not charge a
cnme; or (3) msuffic1ency of the proof of a material element of the crime.
(Rules for Superior
Comt--p 691
Rule 7.4
Rules for Superior Court
(b) Time for Motion. A motion for arrest of judgment
must be served and filed within five days after the verdict or decision. The court on application of the defendant or on its own motion may in its discretion extend
the time.
(c) New Charges After Arrest of Judgments. When
judgment is arrested and there is reasonable ground to
believe that the defendant can be convicted of an offense properly charged, the court may order the defendant to be recommitted or released to answer a new
indictment or information. If judgment was arrested
because there was no proof of the material element of
the crime the defendant shall be dismissed.
(d) Rulings on Alternative Motions in Arrest of Judgment or for a New Trial.
(I) Rulings on alternative motions in arrest of judgment or for a new trial in superior court. Whenever a
motion in arrest of a judgment and, in the alternative,
for a new trial is filed and submitted in any superior
court in any criminal cause tried before a jury, and the
superior court enters an order granting the motion in
arrest of judgment, the court shall, at the same time, in
the alternative, pass upon and decide in the same order
the motion for a new trial. The ruling upon the motion
for a new trial shall not become effective unless and
until the order granting the motion in arrest of judgment is reversed, vacated, or set aside in the manner
provided by law.
(2) Rulings on alternative motions in arrest of judgment or for a new trial in supreme court or court of
appeals. An appeal from an order granting a motion in
arrest of judgment shall, of itself, without the necessity
of a cross-appeal, bring up for review the ruling of the
trial court on the motion for a new trial. The appellate
court shall, if it reverses the order granting the motion
in arrest of judgment, review and determine the validity
of the ruling on the motion for a new trial. [Adopted
Apr. 18, 1973, effective July l, 1973.]
Rule 7.5 Probation.
(a) Probation. After conviction of an offense the defendant may be placed on probation as provided by
law.
(b) Revocation of Probation. The court shall not revoke probation except after a hearing in which the defendant shall be present and apprised of the grounds on
which such action is proposed. The defendant is entitled to be represented by counsel and may be released
pursuant to Rule 3.2 pending such hearing. Counsel
shall be appointed for a defendant financially unable to
obtain counsel. [Adopted Apr. 18, 1973, effective July 1,
1973.]
Rule 7.6 New trial.
(a) Grounds for New Trial. The court on motion of
defendant may grant a new trial for any one of the following causes when it affirmatively appears that a substantial right of the defendant was materially affected:
(I) Receipt by the jury of any evidence, paper, document or book not allowed by the court;
(RuJes for Superior Coort--p 70)
(2) Misconduct of the prosecution or jury;
(3) Newly discovered evidence material for the defendant, which he could not have discovered with reasonable diligence and produced at the trial;
(4) Accident or surprise;
(5) Irregularity in the proceedings of the court, jury
or prosecution, or any order of court, or abuse of discretion, by which the defendant was prevented from
having a fair trial;
(6) Error of law occurring at the trial and excepted to
at the time by the defendant;
(7) That the verdict or decision is contrary to law and
the evidence;
(8) That substantial justice has not been done. When
the motion is based on matters outside the record, the
facts shall be shown by affidavit.
(b) Time for Motion. A motion for new trial must be
served and filed within five days after the verdict or decision. The court on application of the defendant or on
its own motion may in its discretion extend the time.
(c) Time for Affidavits. When a motion for a new trial
is based upon affidavits they shall be served with the
motion. The prosecution has five days after such service
within which to serve opposing affidavits. The court
may extend the period for submitting affidavits to a
time certain for good cause shown or upon stipulation.
(d) Statement of Reasons. In all cases where the court
grants a motion for a new trial, it shall, in the order
granting the motion, state whether the order is based
upon the record or upon facts and circumstances outside the record which cannot be made a part thereof. If
the order is based upon the record, the court shall give
definite reasons of law and facts for its order. If the order is based upon matters outside the record, the court
shall state the facts and circumstances upon which it
relied.
(e) Disposition of Motion. The motion shall be disposed of before judgment and sentence or order deferring sentence. [Adopted Apr. 18, 1973, effective July l,
1973.]
Comment: Probably supersedes the entirety of Ch. 10.67 RCW.
Rule 7.7
Post-conviction relief.
(a) Petition. A petition for post-conviction relief may
be filed by a person under any disability resulting from
a sentence or order of a court who claims a right to relief upon the ground that such disability was imposed in
violation of the Constitution or Laws of the United
States or of the State of Washington or is otherwise
subject to collateral attack. Such petition shall be directed to the chief judge of the court of appeals in the
district in which the court that imposed the sentence or
order is located and shall be filed on a standard form
approved by the supreme court and appearing as section G) of this rule .
(b) Prompt Hearing. If the petition appears to have
any basis in fact or law, or is not on its face frivolous,
the chief judge shall cause the petition to be transmitted
Rule 7.7
Superior Court Criminal Rules (CrR)
to the superior court in which the petitioner was originally tried for a prompt hearing on the merits of the
petitioner's claim.
(c) Hearing Judge. The hearing on the petition in the
superior court may be before any judge except the
judge who imposed the sentence or other order, unless
the petitioner assents to a hearing before such judge.
--------------------------- --------------------Name of sentencing judge:-------------------I _________ now in custody serving this sentence.
(am, am not)
\Vhere? _________________________________________ _
6. I was convicted of the crime(s) of: _______ - ____ _
4.
5.
------------------ ------------------------------
(d) Purpose of Hearing. The purpose of the hearing
7.
will be to determine whether the petitioner is entitled to
release or other appropriate relief. The rules of evidence
applicable at trial shall be followed at this hearing.
8.
(e) Right to Counsel. The petitioner may be represented by counsel at such hearing, and where the court
finds that the petitioner is indigent, counsel shall be
provided at the state's expense.
(f) Presence of Petitioner. A court may hear the petition without requiring the presence of the petitioner at
the hearing. Upon timely motion and a showing of
good cause, the court may order the petitioner's presence at the hearing.
(g) Relief Upon Proper Finding. If at the hearing on
the petition the court finds:
(I) that the conviction was obtained or sentence or
order imposed in violation of the Constitution of the
United States or the Constitution or laws of the State of
Washington; or
(2) that the court entering the sentence or order was
without jurisdiction over the person of the petitioner or
the subject matter; or
(3) that material facts exist not theretofore presented
and heard,. which require vacation of the conviction,
sentence or other order in the interest of justice; or
(4) that there has been a significant change in law,
whether substantive or procedural, material to the conviction, sentence or other order and sufficient reasons
exist to require retroactive application of the changed
legal standard, it shall order the appropriate relief.
(b) Appeal. Either party may appeal the ruling of the
superior court. The appeal shall be governed by the
rules of appeal in criminal matters. Counsel appointed
by the superior court to represent an indigent shall
continue to represent him on the appeal unless, for
good cause shown, he is relieved by the court.
(i) Successive Motions. A second or successive motion for similar relief on behalf of the same petitioner
shall not be entertained without good cause shown.
(j) APPLICATION FOR POST-CONVICTION
RELIEF PURSUANT TO RULE 7.7
I,
I was sentenced:
(a) after plea of guilty-----------------------(b) after trial ___________ - ______ - ____ - _- - - _- _My lawyer was-----------------------------(Name)
-----------------------------------------------9.
I
(Address)
____________ appeal. To what court or courts?
(did, did not)
-----------------------------------------------(Name of court(s))
_______________ sought further relief from my
(have, have not)
conviction in other courts. If so, what court? ________ _
Relief Rule in the past. What result? _____________ - - -
IO.
11.
My lawyer on appeal was--------------------(Name) (if none, write "none")
(Address)
12. An opinion ___ written by the appellate court(s).
Citation(s) ______________________________________ _
PARTB
(If you have more than one ground for relief, attach a
separate sheet for each ground. Answer the four questions below as to each additional ground, labeled SECOND GROUND, THIRD GROUND, etc.)
I believe that I have _____ (number) _____ grounds for
relief from the conviction and sentence described in
Part A. This is the first ground.
l. I was deprived of the following rights or privileges
in my case:
2. I was deprived of those rights or privileges by
__________ who made the following errors:
3. The following cases (include citations if possible)
are very close factually to mine and are an example of
the errors I believe occurred in my case:
4. I can prove the facts state in Question No. 2 above
in the following manner:
PARTC
- -- - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- -- - - --'
Name
(First)
(Middle)
apply for relief from any sentence:
(Last)
PART A
The sentence from which I seek relief was as follows:
I. (a) The court in which I was sentenced is: ______ _
(b) Case number, if known:-----------------2. Date of sentence:---------------------------3. Terms of sentence:---------------------------
The statements I have made are true to the best of my
knowledge and belief. I believe I am entitled to relief. I
hereby apply to have counsel appointed to represent
me. I do not possess any money or property except the
following: (If none, state "none")
Date
Signature
[Adopted Apr. 18, 1973, effective July 1, 1973.]
!Rules for Superior Coort--p 711
Rule 7.7
Rules for Superior Court
CHAPTER 8-MISCELLANEOUS
Rule 8.1 Time. Time shall be computed and enlarged in accordance with Civil Rule 6. [Adopted Apr.
18, 1973, effective July I, 1973.]
Rule 8.2 Motions. Civil Rule 7(b) shall govern motions in criminal cases. [Adopted Apr. 18, 1973, effective July 1, 1973.)
Rule 8.3
Dismissal.
(a) On Motion of Prosecution. The court may, in its
discretion, upon written motion of the prosecuting attorney setting forth the reason therefore, dismiss an indictment, information or complaint.
(b) On Motion of Court. The court on its own motion
in the furtherance of justice, after notice and hearing,
may dismiss any criminal prosecution and shall set
forth its reasons in a written order. [Adopted Apr. 18,
1973, effective July 1, 1973.)
Comment: Supersedes RCW 10.46.090.
Rule 8.4 Service and Filing of Papers. Civil Rule 5
shall govern service and filing of written motions (except those heard ex parte) in criminal causes. [Adopted
Apr. 18, 1973, effective July 1, 1973.]
Rule 8.5 Calendars. In setting cases for trial, unless
otherwise provided by statute, preference shall be given
to criminal over civil cases, and criminal cases where
the defendant or a witness is in confinement shall have
preference over other criminal cases. [Adopted Apr. 18,
1973, effective July I, 1973.]
Rule 8.6 Exceptions Unnecessary. Civil Rule 46 shall
govern exceptions to rulings and orders in criminal
cases. [Adopted Apr. 18, 1973, effective July I, 1973.]
Rule 8.7 Objections. Objections in criminal causes
shall be taken as in civil causes. [Adopted Apr. 18,
1973, effective July 1, 1973.]
Rule 8.8 Discharge. Upon acquittal, or whenever the
court shall direct any criminal prosecution to be dismissed, the defendant shall be released from custody or
conditions of release on such charge and any bail shall
be exonerated. [Adopted Apr. 18, 1973, effective July I,
1973.]
Comment: Supersedes RCW 10.64.090.
EVIDENCE RULES (ER)
(None, but see CR's 43 and 44)
be_ enacted will be dealt with in rules as the need may
anse.
Section 62 of the act directs the Supreme Court to
adopt rules with respect to court procedures and proceedings. Adoption of these rules is not to be construed
as approval of what could be a breach of the separation
of powers of government. While the legislature may
recommend rule making as to particular matters, it may
not mandate rule making which is an inherent power of
the judicial branch.
Although the courts generally do not pass upon the
wisdom or the workability of statutes, they are concerned with their constitutionality. The adoption of
these rules, which are merely designed to give effect to
the statute as it is written, does not in any manner indicate an opinion of the court that the statute is or is
not constitutional in any respect. In promulgating them,
the court does not in any manner obviate further consideration of any portion of the statute or these rules in
a proper case.
Because of the complicated nature of the statute necessitating these rules and the need that they be effective January I, 1974, the court has promulgated them
without submitting them for comment, and now invites
comment from the bench and bar. [Adopted Dec. 17,
1973, effective Jan. 1, 1974.]
Superior Court Mental Proceedings Rules (MPR)
Table of Rules
I.
RU LE l. l
N otice--Oeneral
(a) Notice to Prosecutor
(b) Notice of Release
RULE l.2
Continuance or Postponement
RULE l.3
Confidentiality of Proceedings
RULE l.4
Alternative Less Restrictive Treatment
II.
Introduction
The following rules have been designed and promulgated to give full force and effect to Laws of 1973, 1st
Ex. Sess., ch. 142. Any future amendments which may
(RuJes for Superior Court--p 72)
PROCEEDINGS FOR INITIAL DETENTION
RULE 2. l
Summons
RULE 2.2
Authorization and Notice of Detention
RULE 2.2A Notice of Emergency Detention
RULE 2.3
Right to Copy Court Files
RULE 2.4
Probable Cause Hearing
(a) Notice
(b) Procedure
RULE 2.5
III.
SUPERIOR COURT MENTAL PROCEEDINGS
RULES (MPR)
GENERAL
Juvenile Court Proceedings
PROCEEDINGS FOR NINETY OR
ONE HUNDRED EIGHTY DAY COMMITMENT
RULE 3. l
First Court Appearance
RULE 3.2
Preliminary Appearance
RULE 3.3
Jury Demand
(a) When Available
(b) Procedure for Demand
Superior Court Mental Proceedings Rules (MPR)
RULE 3.4 Hearing
(a) Procedure
(b) Findings and Conclusions
(c) Verdict
IV.
PROCEEDINGS FOR CONDmONAL
RELEASE AND REVOCATION OR MODIFICATION
RULE 4.1
Notice of Conditions
RULE 4.2
Authorization
Detention
RULE 4.3
Petition and Order of Apprehension and
Detention--Service
RULE 4.4
Petition for Initial Detention
for Apprehension and
RULE 4.5 Hearing
(a) Burden of Proof
(b) Waiver
v.
VENUE
RULE 5.1
General
RULE 5.2
Conditional Release Hearing
RULE 5.3
Release of Records
RULE 5.4
(Reserved)
VI.
PETITIONS
RULE 6.1
Petition for Initial Detention
RULE 6. lA PETITION FOR Initial Involuntary Detention of Minors
RULE 6.2
Petition for Fourteen Day Involuntary
Treatment
RULE 6.3
Petition for Ninety Day Involuntary
Treatment
RULE 6.4
Petition for One Hundred Eighty Day Involuntary Treatment
RULE 6.5
Petition for Revocation of Conditional
Release
GENERAL
Rule 1.1 Notice--General Whenever any notice
or document pursuant to the provisions of RCW 71.05
is required to be served on a person who is detained or
committed, such notice or document shall be provided
in addition to any other person provided by statute, to
the person's attorney, guardian, if any, and, if the person is under eighteen years of age, to any person, entity,
or institution having actual custody.
(a) Notice to Prosecutor. In any judicial proceeding,
under RCW 71.05, for involuntary commitment or detention, or in any proceeding challenging such commitment or detention, the prosecuting attorney shall be
served by the party initiating the proceedings with written notice of the proceedings and copies of the initiating papers.
Rule 2.1
(b) Notice of Release. Whenever a person committed
or detained under RCW 71.05, is released or conditionally released, the court ordering such commitment shall
be notified immediately in writing of the release by the
superintendent or professional person in charge of the
facility from which the person is released. [Adopted
Dec. 17, 1973, effective Jan. I, 1974.J
Rule 1.2 Continuance or postponement In any judicial proceeding held pursuant to RCW 71.05 for involuntary commitment or detention, or for challenging
such commitment or detention, the court may continue
or postpone such proceeding for a reasonable time on
the following grounds:
(a) On motion of the respondent on a showing of
good cause;
(b) On motion of the prosecuting attorney if:
(l) the respondent expressly consents to a continuance or delay and good cause is shown; or
(2) required in the due administration of justice and
the respondent will not be substantially prejudiced in
the presentation of his case;
(c) The court on its own motion may continue the
case when required in the due administration of justice
and when the respondent will not be substantially prejudiced in the presentation of his case.
An order granting continuance shall state whether
detention will be extended and the grounds therefor.
[Adopted Dec. 17, 1973, effective Jan. I, 1974.]
Rule 1.3 Confidentiality of proceedings Proceedings
had pursuant to RCW 71.05 shall not be open to the
public, unless the person who is the subject of the proceedings or his attorney files with the court a written
request that the proceedings be public. The court in its
discretion may permit a limited number of persons to
observe the proceedings as a part of a training program
of a facility devoted to the healing arts or of an accredited educational institution within the state. [Adopted
Dec. 17, 1973, effective Jan. I, 1974.]
Rule 1.4 Alternative less restrictive treatment (a) As
an alternative to detention, where the court makes a
finding or a special verdict is returned that the respondent should receive less restrictive alternative treatment,
the court may order such less restrictive alternative
treatment for no longer than the period for which the
respondent could have been committed at the hearing.
(b) If the court orders less restrictive alternative
treatment, the order shall specify the terms and conditions of the alternative treatment and a copy shall be
delivered to the respondent. [Adopted Dec. 17, 1973,
effective Jan. 1, 1974; amended, adopted June 21, 1974,
effective July 1, 1974.]
PROCEEDINGS FOR INITIAL DETENTION
Rule 2.1 Summons The summons issued pursuant to
RCW 71.05.150 shall include the following:
(a) The date and time for appearance, not less than
twenty-four hours from the time at which the summons
is served, at an evaluation and treatment facility.
(Rules for Superior Court--1' 731
Rule 2.1
Rules for Superior Court
(b) The address of the evaluation and treatment
facility.
(c) The business address and business telephone
number of the designated mental health professional.
(d) A statement that the person summoned may be
detained at the evaluation and treatment facility for up
to seventy-two hours.
(e) A statement that if the person summoned fails to
appear at the evaluation and treatment facility on or
before the date and time indicated, he may be taken
into custody.
(f) A statement that an attorney will be appointed for
the person summoned unless the person has retained his
own attorney.
(g) The name, business address and business telephone number of the designated attorney.
(h) The summons shall be in substantially the following form:
The State of Washington to (name person to be
detained):
It is alleged that because of mental disorder you
present a likelihood of serious harm to yourself or other
persons, or are gravely disabled.
You are hereby summoned to appear in person at
(address of evaluation and treatment facility) in (city),
Washington on or before (hour) on (month, day, year)
for evaluation and possible treatment. You may be detained without court order for evaluation and possible
treatment for not more than seventy-two hours. If you
fail to appear in person on or before the time and date
stated above, you may be taken into custody.
You have the right to have an attorney. (name, address, telephone number) will be appointed as your attorney unless you make arrangements to be represented
by another attorney.
(signed) _____ - - - - _- _- - - - - - - - - - - - Mental Health Professional
_____________ County, Washington
Address: ___________ - __ - _- _- ____ Telephone: _______ - _- - _- _- _- - - - _-
(Adopted Dec. 17, 1973, effective Jan. 1, 1974.1
(d) A statement specifying the name and location of
the evaluation and treatment facility where such person
will be detained.
(e) The authorization and notice of detention shall be
in substantially the following form:
To: Any Peace Officer or Mental Health Professional
(name of person) O has failed to appear in response
to summons issued by me pursuant to RCW 71.05.150 a
copy of which is attached, or O as a result of mental
disorder presents an imminent likelihood of serious
harm to himself or others. You are notified to take or to
cause such person to be taken forthwith into custody
and placed in (name and location of evaluation and
treatment facility) for evaluation and treatment for not
more than seventy-two hours, or such further time as a
court may order.
Dated: _________ _
(signed) ________________ - - - _____ _
Mental Health Professional,
_____________ County, Washington
(Respondent) has been detained (name and location of
evaluation and treatment facility.)
[Adopted Dec. 17, 1973, effective Jan. 1, 1974; amended, adopted June 21, 1974, effective July l, 1974.)
Rule 2.2A Notice of emergency detention The notice
of emergency detention required to be filed with the
court and served upon the designated attorney of the
detained person pursuant to RCW 71.05.160 shall include a statement specifying the name and location of
the evaluation and treatment facility where the person
taken into custody has been detained.
The notice of emergency detention shall be in substantially the following form:
(Repsondent) has been detained in (name of.evaluation
and treatment facility).
Dated: _________ _
Time: -------------------------(signed) -----------------------Mental Health Professional
(name) County, Washington
[Adopted June 21, 1974, effective July 1, 1974.]
Rule 2.2 Authorization and notice of detention At the
time when any person is taken into custody or as soon
as possible thereafter pursuant to RCW 7l.05.150(l)(d)
or RCW 71.05.150(2) regardless of whether a summons
has been issued pursuant to Rule 2.1 written authorization to do so shall be served upon such person. A copy
of the authorization and a notice of detention shall be
filed with the court. The authorization and notice of
detention shall include:
(a) The name of the person to be taken into custody.
(b) A statement that the person authorized to take
custody is authorized pursuant to RCW 71.05.150(l)(d)
or RCW 71.05.150(2).
(c) A statement that the person is to be taken into
custody for the purpose of delivering such person to an
evaluation and treatment facility for a period up to seventy-two hours.
[Rules fOI' Superior Court--;J 741
Rule 2.3 Right to copy court files Prior to and at the
hearing provided for in RCW 71.05.200, 71.05.240, 71.05.250 the attorney for any detained person who will
be a respondent at such hearing shall be permitted to
view and copy all documents relating to the detained
person, which have been filed with the court. [Adopted
Dec. 17, 1973, effective Jan. 1, 1974.)
Rule 2.4 Probable cause hearing
(a) Notice. If notice to the court and the prosecuting
attorney of the probable cause hearing as required by
RCW 7l.05.150(l)(c), includes the date and time of the
initial detention of any person involuntarily detained,
no additional notice to the court shall be required pursuant to RCW 71.05.170.
(b) Procedure.
Superior Court Mental Proceedings Rules (MPR)
(1) The probable cause hearing provi~ed in RC'Y
71.05.200(1) shall be held in accordance with the provisions of RCW 71.05.200(1), 71.05.240 and 71.05.250.
(2) The probable cause hearing shall p~oc~ed ~s in
other civil actions, except that the court, m its discretion, may dispense with opening statements and final
arguments.
(3) The court shall be advised of any medications administered to the respondent within the prior twentyfour hour period, and if it appears that the person detained has refused medication twenty-four hours before
the hearing, but was nevertheless forced to receive
medication during that period, the court may continue
the hearing for twenty-four hours, and may order that
no medication shall be administered to the person detained during such period.
(4) At the conclusion of the hearing, the court shall
make written findings of fact and conclusions of law,
and enter an order for release or for detention for an
additional fourteen days in an evaluation and treatment
facility, or such lesser treatment as shall to the court
appear proper. A copy of the order shall be served upon
the evaluation and treatment facility and on the mental
health professional who signed the petition. [Adopted
Dec. 17, 1973, effective Jan. 1, 1974.]
Rule 2.5 Juvenile court proceedings (a) Minors over
thirteen years of age involuntarily committed pursuant
to RCW 72.23.070(3)(c) shall be released from such involuntary detention at the expiration of one year unless
a new petition is filed pursuant to RCW 72.23.070(3)(b).
(b) The term "clearly" as used in RCW 72.23.070
shall describe the standard, "clear, cogent, and
convincing."
(c) An order shall be "necessary" or in the "best interests" of a minor, as those terms are used in RCW
72.23.070, when the minor is gravely disabled or presents a likelihood of serious harm to others or himself.
(d) In the event the professional person in charge of
the facility or his designee seeks to prevent the release
of a voluntarily committed minor seeking release pursuant to RCW 72.23.070, the petition or written objections required to be filed by him with the juvenile court
shall be the same as a petition for initial involuntary
detention of minors. (Rule 6.lA) [Adopted June 21,
1974, effective July 1, 1974.]
PROCEEDINGS FOR NINETY OR ONE
HUNDRED EIGHTY DAY COMMITMENT
Rule 3.1 First court appearance For purposes of
proceedings for ninety day commitment, the phrase
"first court appearance" provided in RCW 71.05.3 lO
shall refer to the appearance provided for in RCW 71.05.300 of that act. [Adopted Dec. 17, 1973, effective
Jan. l, 1974.]
Rule 3.2 Preliminary appearance Prior to the hearing
provided for in RCW 71.05.320(2), the committed person shall be brought before the court for an appearance
RuJe 4.2
which shall be the same as that provided in RCW 71.05.300 of that act. [Adopted Dec. 17, 1973, effective
Jan. I, 1974.)
Rule 3.3 Jury demand
(a) When Available. A jury is a~ailable only in. a
hearing for ninety or one hundred eighty day commitment proceedings pursuant to RCW 71.05.300 and
RCW 71.05.320.
(b) Procedure for Demand. Within two judicial da~s
after the person detained is advised in open court of h1s
right to a jury trial as provided in ~CW 7~.05.3~ the
person detained may demand a tnal by JUry m the
hearing on the petition for ninety day or one hund~ed
eighty day detention by serving upon the prosecutmg
attorney a demand therefor in writing, by filing the demand therefor with the clerk. No jury fee shall be required. If no party, within the time above specified,
serves and files a demand for jury trial, the matter shall
be heard without a jury. If no party, within the time
above specified, serves or files a demand .that the _matter
be tried by a jury of twelve, it shall be tn~d by a ~ury of
six members, with concurrence of five bemg requued to
reach a verdict. [Adopted Dec. 17, 1973, effective Jan.
1, 1974.]
Rule 3.4 Hearing
(a) Procedure. The hearing shall be proceeded with as
in any other civil action.
.
(b) Findings and Conclusions. Unless the matter 1s
tried to a jury, the court shall make and enter findings
of fact and conclusions of law.
(c) Verdict. If the matter is tried to a jury, the court
shall instruct the jury to bring in a special verdict,
which shall be in terms of the issues specified in RCW
71.05.320. [Adopted Dec. 17, 1973, effective Jan. 1,
1974.]
PROCEEDINGS FOR CONDITIONAL RELEASE
AND REVOCATION OR MODIFICATION
Rule 4.1 Notice of conditions Any person conditionally released pursuant to RCW 71.05.340 shall be notified in writing of the terms and conditions of the release
and shall be notified in writing of any modifications of
such terms and conditions. Such notification shall also
be given in writing to the court which ordered the person's commitment. (Adopted Dec. 17, 1973, effective
Jan. I, 1974.]
Rule 4.2 Authorization for apprehension and detention At the time of taking any person into custody for
failure to adhere to the terms and conditions of release
under RCW 71.05.340, an order of apprehension and
detention shall be served upon the person. The order of
apprehension and detention shall include:
(a) The name of the person taken into custody;
(b) That it is issued pursuant to revocation of conditional release;
(c) The date on which the order of commitment was
entered and the number of days for which the person
was ordered committed;
!Rules for Superior Court--p 75)
Rule 4.2
Rules for Superior Court
(d) The authorization shall be in substantially the
following form:
To: Any Peace Officer or Mental Health Professional
You are authorized to take or cause to be taken
(name of person) who was conditionally released from
an order of commitment for (number) days by (name of
court) which order was entered on (date), and the authority for which conditional release has been revoked,
into custody and place such person in (name and location of evaluation and treatment facility) for detention,
pursuant to RCW 71.05.340.
Date: _________ _
(signed) ________________________ _
O Secretary, Department of Social
and Health Services, State of Washington, or His Designee, O Mental
Health Professional for (name)
County.
[Adopted Dec. 17, 1973, effective Jan. l, 1974; amended, adopted June 21, 1974, effective July l, 1974.]
Rule 4.3 Petition and order of apprehension and detention--Service Unless otherwise ordered by the
court, the petition and order of apprehension and detention required in RCW 71.05.340, shall be served on
the person to be apprehended and detained, at the time
of apprehension, and on his guardian, if any, and his
attorney, if any, as soon as possible.
Where no order of apprehension and detention has
been issued, a petition shall be filed with the court
within seventy-two hours and the person, his attorney,
if any, and his guardian, if any, shall be served with a
copy of the petition within twenty-four hours after the
petition is filed with the court. At the time the petition
is served on the person, notice shall be filed with the
court and served on the person that a hearing will be
held within fifte~n days. [Adopted Dec. 17, 1973, effective Jan. 1, 1974; amended, adopted June 21, 1974, effective July l, 1974.]
Rule 4.4 Petition for initial detention The granting
of a conditional release pursuant to RCW 71.05.340,
shall not preclude a mental health professional from
commencing new proceedings pursuant to RCW 71.05.150. [Adopted Dec. 17, 1973, effective Jan. 1, 1974.]
Rule 4.5 Hearing
(a) Burden of Proof. Before entering an order returning any person for involuntary treatment on an inpatient basis as a result of failure to adhere to the terms
and conditions of conditional release pursuant to RCW
71.05.340, the court shall find at the hearing that there
is clear, cogent, and convincing evidence that such person did not adhere to the terms and conditions of release, and that such person is likely to injure himself or
other persons if not returned for involuntary treatment
on an inpatient basis.
(b) Waiver. Waiver of the hearing provided for in
RCW 71.05.340 shall be in writing signed by all persons
required to waive under that section. A copy of the
waiver shall be filed with the court in which the notice
(Rules for Superior Court--p 76)
of apprehension and detention was filed. [Adopted Dec.
17, 1973, effective Jan. 1, 1974.]
VENUE
Rule 5.1 General Proceedings pursuant to RCW 71.05, shall be brought in the superior court of the county
in which the person is being detained. The court, for
good cause, may transfer a proceeding to the county of
respondent's residence, or to the county in which the
alleged conduct evidencing need for treatment occurred. [Adopted Dec. 17, 1973, effective Jan. I, 1974;
amended, adopted June 21, 1974, effective July 1, 1974.]
Rule 5.2 Conditional release bearing The notice of
apprehension and detention and the petition for hearing
required in RCW 71.05.340, shall be filed in the county
ordering the commitment from which the person was
conditionally released. Upon motion for good cause,
the court may order the proceeding transferred to the
court in the county in which the person was receiving
outpatient care or the county of the person's residence.
[Adopted Dec. 17, 1973, effective Jan. 1, 1974.]
Rule 5.3 Release of records A proceeding for the release of records or files pursuant to RCW 71.05.390,
shall be in the court maintaining such records or files.
[Adopted Dec. 17, 1973, effective Jan. 1, 1974.]
Rule 5.4 (Reserved) [Adopted Dec. 17, 1973, effective Jan. 1, 1974; rescinded effective July 1, 1974.]
PETITIONS
Rule 6.1 Petition for initial detention The petition
for initial detention shaU contain the following:
(a) Identification of the petitioner as a peace officer
or designated mental health professional.
(b) A statement describing the circumstances under
which the condition of the respondent was brought to
the petitioner's attention.
(c) A statement that as a result of the petitioner's
personal observation or investigation, the petitioner believes that the actions of the respondent constitute a
likelihood of harm to himself or others, or that he is
gravely disabled.
(d) A statement of the specific facts known to the petitioner upon which he bases his belief that respondent
should be detained for the purposes and under the authority of RCW 71.05.
(e) A request that the respondent be detained at an
evaluation and treatment facility for no more than a
72-hour treatment and evaluation period.
(f) The date and the signature of the petitioner.
Rule 6.lA
Superior Court Mental Proceedings Rules (MPR)
SUPERIOR COURT OF WASHINGTON
FOR _ _ _ _ _ _ _ _ _ _ COUNTY
In re the
Detention of
Petitioner:
and
Respondent:
No.
PETITION FOR
INITIAL DETENTION
RCW _________ _
Pursuant to RCW 71.05 petitioner O a peace officer
or O mental health professional designated by the
county alleges under penalty of perjury that:
Respondent, __________ , was brought to my attention under the following circumstances:
As a result of my personal observation or investigation I believe that the actions of the respondent constitute a likelihood of serious harm to himself or others or
that he is gravely disabled.
The specific facts known to me as a result of personal
observation or investigation, upon which I base the belief that the respondent should be detained for the purposes and under the authority of RCW 71.05 are:
(e) The facts upon which the allegations of the petition are based.
(t) A statement of the alternative courses of treatment
which have been considered and that no alternative less
restrictive than detention is in the best interest of the
respondent.
(g) The name and location of the facility in which respondent will be detained and a statement that such facility is certified by the department of social and health
services to provide evaluation and treatment to persons
under eighteen years of age suffering from mental
disorders.
(h) A demand that a hearing be held to determine
whether respondent shall be committed or whether in
alternative less restrictive treatment exists.
(i) The petition shall be in substantially the following
form:
SUPERIOR COURT OF WASHINGTON
FOR---------- COUNTY
No.
In re the
Detention of
PETITION FOR
INITIAL
INVOLUNTARY
DETENTION
OF A MINOR
Respondent.
(Petitioner(s))
Therefore the petitioner requests that the respondent
be detained at an evaluation and treatment facility for
no more than a 72 hour evaluation and treatment
period.
Dated this __________ day of __________ , 19 __ .
Petitioner
Sworn and Subscribed on ______________ _
Notary Public for the State
of Washington Residing at
My commission expires on
[Adopted Dec. 17, 1973, effective Jan. 1, 1974.]
Rule 6.lA Petition for initial involuntary detention of
minors The petition for initial detention of a minor shall
contain the following:
(a) The name and address of the petitioner(s) and
that the petitioner(s) is (are) the parent, parents, conservator or guardian of the respondent, or that the petitioner is the juvenile court.
(b) The name, address, age, and sex of the
respondent.
(c) A statement that the respondent is or is not in
detention at the time the petition is filed, and, if so, the
name and location of the place of detention.
(d) A statement that the respondent, as a result of
mental disorder, presents a likelihood of serious harm
to himself or others, or is gravely disabled.
RCW 72.23.070
is (are) O
parent O
parents,
D conservator, D guardian of {respondent), or
Ojuvenile court for __________ County. Petitioner(s)'s
address is ______________________________________ _
(Respondent), residing at (address) in (city or
town) Washington is a O male O female, _____ years
of age.
At the time of filing this petition, respondent ,0 is O
is not in detention pursuant to RCW 72.23.070. (If respondent is in detention.) The name and location of the
facility in which respondent is in detention are ______ _
Respondent, as a result of mental disorder, O presents a likelihood of serious harm to himself, O presents
a likelihood of serious harm to others, O is gravely
disabled.
The facts upon which the allegations of this petition
are based are: -----------------------------------
The following alternative courses of treatment have
been considered: _______________________________ _
No alternative less restrictive than detention is in the
best interests of the respondent.
The facility in which respondent will be detained is
(name and location), certified by the Washington State
Department of Social and Health Services to provide
(Rules for Superior Coort--p 77]
Rule 6.lA
Rules for Superior Court
evaluation and treatment to persons under eighteen
years of age suffering from mental disorders.
The petitioner(s) request(s) that a hearing be held in
the above named court to determine whether respondent shall be involuntarily committed pursuant to RCW
72.23 or whether there shall be an alternative less restrictive treatment.
Q) The petition shall be in substantially the following
form:
SUPERIOR COURT OF WASHINGTON
FOR __________ COUNTY
No.
In re the
Detention of:
PETITION FOR
FOURTEEN DAY
Petitioner
Petitioner
Sworn and Subscribed on ______________ _
Notary Public for the State
of Washington Residing at
My commission expires on
(Adopted June 21, 1974, effective July 1, 1974.}
Rule 6.2 Petition for fourteen day involuntary treatment The petition for fourteen-day involuntary treatment shall contain the following:
(a) The name and address of the petitioner(s).
(b) The name of the person alleged, as a result of
mental disorder, to present a likelihood of serious harm
to others or himself, or to be gravely disabled, and, if
known to the petitioner, the address, age, sex, marital
status and occupation of the person. Such person shall
be denominated the respondent.
(c) The facts upon which the allegations of the petition are based.
(d) The name of every person known or believed by
the petitioner to be legally responsible for the care,
support, and maintenance of the person alleged, as a
result of mental disorder, to present a likelihood of serious harm to "thers or himself, or to be gravely disabled, and the address of each such person if known to
the petitioner.
(e) A statement that the professional staff of the evaluation and treatment facility has examined and analyzed respondent's condition and finds that as a result
of mental disorder respondent presents a likelihood of
serious harm to himself or others or is gravely disabled.
(f) A statement that the respondent has been advised
of the need for, but has not accepted, voluntary
treatment.
(g) A statement that the facility providing intensive
treatment is certified to provide such treatment by the
Department of Social and Health Services of the State
of Washington.
(b) A statement that there is no less restrictive alternative to detention in the best interests of respondent or
others, or that a less restrictive alternative is sought and
a specification of what that alternative is.
(i) A demand that a probable cause hearing be held
within seventy-two hours of detention, unless the person is sooner released, on the issue of whether the respondent shall be detained for an additional fourteen
days' involuntary treatment or whether such person
shall be treated under less restrictive alternatives.
(Rules for Superior Coort---p 78)
INVOLUNTARY
TREATMENT
RCW _________ _
Respondents:
(Petitioner(s)), O mental health professional for
__________ county, O member(s) of professional staff
of __________ agency or facility, alleges that:
(Respondent), residing at (address) in (city or town)
is a D single, O married, O widowed, D divorced,
O male, D female, aged----------·
(Respondent's) occupation is ______________ -·
The professional staff of the evaluation agency or facility has examined respondent's condition and finds
that as a result of mental disorder (respondent)
presents:
O a likelihood of serious harm to others,
D a likelihood of serious harm to himself,
D is gravely disabled.
The facts upon which the allegations of this petition
are based are as follows: __________________________ _
(use back of page if necessary)
The person(s) legally responsible for the care, support, and maintenance of (respondent), and their relationship to him are, so far as known to the petitioner, as
follows: (Give names, addresses, and relationship of
persons named as respondents) ____________________ _
(use back of page if necessary)
The respondent has been advised of the need for, but
has not accepted voluntary treatment.
The facility providing intensive treatment is certified
to provide such treatment by the Department of Social
and Health Services.
The petitioner(s) request(s) that a hearing be held before (time and date) unless the respondent is sooner released, to determine whether (respondent) O shall be
detained for fourteen days' involuntary treatment because there is no less restrictive alternative to detention
in the best interests of respondent or others, or O shall
be required to comply with the following less restrictive
alternative ____________________________________ - - - .
Petitioner O physician D MHP
Petitioner O physician O MHP
Address
Rule 6.4
Superior Court Mental Proceedings Rules (MPR)
Sworn and subscribed on __________ .
Notary Public for the State of
Washington Residing at
SUPERIOR COURT OF WASHINGTON
FOR _ _ _ _ _ _ _ _ _ _ COUNTY
In re the
Detention of:
No.
PETITION FOR
NINETY DAY
My commission expires on
INVOLUNTARY
Petition (Fourteen Day Detention)
[Adopted Dec. 17, 1973, effective Jan. I, 1974; amended, adopted June 21, 1974, effective July 1, 1974.]
TREATMENT
Respondent.
RCW _________ _
(Petitioner), O the professional person in charge, or
D his professional designee, or D the county mental
Rule 6.3 Petition for ninety day involuntary treatment The petition for ninety day involuntary treatment
shall contain the following:
(a) The name and address of the petitioner.
(b) The name and address of the person alleged, as a
result of mental disorder, to present a likelihood of serious harm to himself or others because such person (1)
has threatened, attempted, or inflicted physical harm
upon the person of another or himself after having been
taken into custody for evaluation and treatment, or (2)
was taken into custody as a result of conduct in which
he attempted or inflicted physical harm upon the person
of another or himself, or (3) is gravely disabled, or (4) is
in custody because he has committed acts constituting a
felony, and presents substantial likelihood of repeating
similar acts. Such person shall be denominated the
respondent.
(c) A statement that petitioner is the professional
person in charge or his professional designee, or the
county mental health professional of (name) county, of
a treatment facility in which the respondent is detained
pursuant to court order for fourteen day involuntary
treatment.
(d) The name of the court ordering fourteen day involuntary treatment and the date on which such order
was entered.
(e) A summary of the facts supporting the allegations
of the petition.
(f) A demand that a hearing be held within five judicial days of the first court appearance after the probable
cause hearing unless the person named in the petition
requests a jury trial, in which case trial shall commence
within ten judicial days of the filing of the petition for
ninety day treatment on the issue of whether the person
alleged, as a result of mental disorder, to present a likelihood of serious harm, to himself or others, shall be
detained for involuntary treatment for a period not to
exceed ninety days.
(g) A statement that the petition is supported by accompanying affidavits and the names of the persons
signing such affidavits.
(h) The petition sha11 be in substantially the fo11owing
form:
health professional for (name) county, of (name of
facility) in which (respondent) is detained for (number)
days pursuant to an order of (name or court) entered
on (date) alleges,that:
(Respondent), residing at (address) in (city or town)
is a D single, D married, O widowed, O divorced,
D male, O female, aged----------·
As a result of mental disorder (respondent) presents a
likelihood of serious harm to himself or others because
he D has threatened, attempted, or inflicted physical
harm upon the person of another or himself during the
period in which he was detained pursuant to court order for fourteen day involuntary treatment, or D was
taken into custody as a result of conduct in which he
threatened, attempted or inflicted physicial harm upon
the person of another or himself, or D is gravely disabled, or D is in custody because he has committed
acts constituting a felony, and as a result of mental disorder, presents a substantial likelihood of repeating
similar acts.
The facts upon which the a11egations of this petition
are based are summarized as follows: _______________ _
The a11egations are supported by the accompanying
affidavits signed by ______________________________ _
The petitioner requests that a hearing be held to determine whether (respondent) shall be detained for involuntary treatment for a period not to exceed ninety
days.
Petitioner
Sworn and Subscribed on _________ _
Notary Public for the State of
Washington Residing at
My commission expires on
Petition (Ninety Day Dentention)
[Adopted Dec. 17, 1973, effective Jan. l, 1974; amended, adopted June 21, 1974, effective July 1, 1974.)
Rule 6.4 Petition for one hundred eighty day involuntary treatment The petition for one hundred eighty
day involuntary treatment shall contain the following:
(Rules for Superior Court--p 791
Rule 6.4
Rules for Superior Court
(a) The name and address of the person filing the petition and the statement that petitioner is the superintendent or professional person in charge of the facility
in which the person who is alleged, as a result of mental
disorder, to present a likelihood of serious to others, is
detained.
(b) The name and address of the person alleged, as a
result of mental disorder to present a likelihood of serious harm to others because such person, ( 1) during his
period of involuntary treatment, has threatened, attempted or actually inflicted physical harm on another,
or (2) continues to be gravely disabled, or (3) is in custody because he has committed acts constituting a felony, and presents a substantial likelihood of repeating
similar acts. Such person shall denominated the
respondent.
(c) The name of the court ordering involuntary treatment for which the respondent is presently detained,
and the date on which such order was entered.
(d) A summary of the facts supporting the allegations
of the petition.
(e) A demand that a hearing be held within five judicial days of the first court appearance after the probable
cause hearing unless the person named in the petition
requests a jury trial, in which case trial shall commence
within ten judicial days of the filing of the petition for
one hundred eighty day treatment on the issue of
whether the person alleged, as a result of mental disorder, to present a likelihood of serious harm to others,
shall be detained for involuntary treatment for a period
not to exceed one hundred eighty days.
(f) A statement that a form of treatment less restrictive than involuntary detention is not in the best interest of the respondent or others.
(g) The petition shall be in substantially the following
form:
SUPERIOR COURT OF WASHINGTON
FOR _ _ _ _ _ _ _ _ _ _ COUNTY
In re the
No.
Detention of:
PETITION FOR
ONE HUNDRED EIGHTY
DAY INVOLUNTARY
TREATMENT
Respondent.
RCW _________ _
(Petitioner), the superintendent or professional person
in charge of (name of facility) in which (respondent) is
detained for (number) days pursuant to an order of
(name of court) entered on (date) alleges that:
(Respondent), residing at (address) in (city or town)
is a D single, D married, D widowed, D divorced,
D male, D female, aged----------·
(Respondent) D has threatened, attempted or actually inflicted harm on another person during the period in
which he has been involuntarily detained pursuant to
court order and as a result of mental disorder presents a
likelihood of serious harm to others, or D continues to
be gravely disabled or D is in custody because he has
committed acts constituting a felony and as a result of
IRuJes for Superior Coort--p 801
mental disorder presents a substantial likelihood of repeating similar acts.
The facts upon which the allegations of this petition
are based are as follows:
A form of treatment less restrictive than involuntary
detention is not in the best interest of the respondent or
others.
The petitioner requests that a hearing be held to determine whether (respondent) shall be detained for involuntary treatment for a period not to exceed one
hundred eighty days.
Petitioner
Sworn and Subscribed on _________ _
Notary Public for the State
of Washington Residing at
My commission expires on
Petition (One Hundred Eighty Day Detention)
[Adopted Dec. 17, 1973, effective Jan. 1, 1974; amended, adopted June 21, 1974, effective July 1, 1974.]
Rule 6.5 Petition for revocation of conditional release
The petition for revocation of conditional release shall
contain the following:
(a) The name and address of the petitioner and the
statement that petitioner is the Secretary of the Department of Social and Health Services, State of Washington, or is the county mental health professional for
(name) county.
(b) The name and address of the person alleged to
have failed to adhere to the terms and conditions of release and to be likely to injure himself or other persons
if not returned for involuntary treatment on an inpatient basis. Such person shall be the respondent.
(c) The facts upon which the allegations of the petition are based.
(d) A statement that respondent was released under
terms and conditions, a copy of which terms and conditions is attached to the petition, from detention pursuant to court order for involuntary treatment and the
date the order was entered, number of days for which
effective, and the court entering such order.
(e) The date, time and place of detention of the respondent if he is detained pursuant to an order of the
secretary, or whether such an order has been or will be
issued.
(f) A demand that a hearing be held within five days
of the date on which respondent was detained pursuant
to an order of the secretary, or not less than fifteen days
from the date of service of the petition on the respondent, on the issues of whether the respondent failed to
adhere to the terms and conditions of release, or
whether the conditions of the release should be modified, or the person should be returned to the facility.
(g) The petition shall be in substantially the following
form:
Digest
Juvenile Court Rules (JuCR)
JUVENILE COURT RULES (JUCR)
SUPERIOR COURT OF WASHINGTON
FOR __________ COUNTY
In re the
Detention of:
PETITION FOR
R.EVOCATION OF
CONDITIONAL
RELEASE
Respondent.
Table of Coo tents
No.
RCW _________ _
(Petitioner), O Secretary of the Department of Social
and Health Services, State of Washington, or O county
mental health professional for (name) county alleges
that:
(Respondent), residing at (address) in (city or town)
is a O single, O married, O widowed, O divorced,
O male, O female, aged----------·
Pursuant to an order of (name) court entered on
(date), respondent was detained for involuntary treatment for a period not to exceed (number) days in
(name of facility).
(Respondent) was conditionally released from inpatient care at (name of facility) prior to expiration of the
court ordered period of detention, under terms and
conditions for such release copies of which, including
modifications, are attached and were filed in (name)
court on (date(s)).
During the period of conditional release respondent
was receiving outpatient care from (name of facility)
located in (city or town), (name) county.
Pursuant to RCW __________ , petitioner O has
O has not issued an order for the apprehension and
detention of respondent and respondent O is not detained O is detained in (name of facility) located in
(city, town), (name) county.
(Respondent) has failed to adhere to the terms and
conditions of his release from involuntary detention and
D the conditions of release should be modified or O the
person should be returned to the facility.
The facts upon which the allegations of this petition
are based are as follows: --------------------------
I. SCOPE OF RULES
RULE I. I
Scope of Rules
RULE 1.2
Jurisdiction of Juvenile Court
RULE 1.3
Definition of Probation Officer
II. INTAKE
RULE 2.1
Petitions
(a) Petition Alleging Delinquency
(b) Citation Petition
(c) Amendment
(d) Answer
RULE 2.2
Referral of Complaints
RULE 2.3
Intake Interview
(a) Child not in Detention
(b) Child in Detention
(c) To be Voluntary
RULE 2.4 Intake Procedure
(a) When no Petition is Filed
(b) Delivery of Petition
(c) Notice of Rights
RULE 2.5
Informal Adjustment
III. DETENTION PRIOR TO DISPOSffiON
Petitioner
Sworn and Subscribed on _________ _
Notary Public for the State
of Washington Residing at
My commission expires on
Petition (Revocation of Conditional Release)
[Adopted Dec. 17, 1973, effective Jan 1, 1974; amended,
adopted June 21, 1974, effective July 1, 1974.]
Arrest of Child
RULE 3.2
Admission to Detention
RULE 3.3
Notice to Parent or Custodian
RULE 3.4
Time Limitations on Detention
RULE 3.5
Notice of Preliminary Detention Hearing
RULE 3.6
Preliminary Detention Hearing
RULE 3.7
Waiver of Preliminary Detention Hearing
RULE 3.8
Release from Detention
RULE 3.9
The petitioner requests that a hearing be held to determine whether repondent has failed to adhere to the
terms and conditions of release, and whether the respondent shall be returned for involuntary treatment on
an inpatient basis or whether ,the terms and conditions
of release shall be modified.
RULE 3.1
Release on Citation
IV. FACT FINDING HEARING
RULE 4.1
RULE 4.2
(a)
(b)
(c)
(d)
RULE 4.3
Scheduling of Fact Finding Hearing
Notice and Summons
Manner of Service
On Whom Served
Time of Service
Contents
Issue at Fact Finding Hearing
RULE 4.4 Fact Finding Hearing
(a) Evidence
(b) Degree of Proof
(c) Findings of Fact
(d) Disposition
(e) Continuance
(f) Duty of Prosecuting Attorney
RULE 4.5
Facts not Disputed
(Rules for Superior Court--p 811
Digest
Rules for Superior Court
V. OISPOSffiON HEARING
RULE 5.1
II. INTAKE
Notice and Summons for Disposition
Hearing
(1) Who May File. Any person may file with the
RULE 5.3
Disposition Hearing
(a) Judge's Statement
(b) Social Study
(c) Findings and Conclusions
(d) Deferred Findings
RULE 5.4
Direct to Court Hearing
(a) Scheduling of Direct to Court Hearing
(b) Notice and Summons for Direct to Court
Hearing
(c) Referral to Probation Department
VI. DECLINE OF JURISDICTION-ALLOWING
CRIMINAL PROSECUTION
RULE 6.1
Scheduling of Hearing on Decline of
Jurisdiction
RULE 6.2
Notice of Hearing
Jurisdiction
RULE 6.3
Investigation for Decline Hearing
RULE 6.4
Hearing on Decline of Jurisdiction
RULE 6.5
Decline of Jurisdiction in Traffic Cases
Decline
of
VII. SELF-INCRIMINATION AND RIGHT TO
COUNSEL
RULE 7.1
Right to Remain Silent
RULE 7.2
Right to Counsel
(a) Retained Counsel
(b) Court Appointed--Indigents
(c) Court Appointed--Other
RULE 7.3
Waiver of Rights
RULE 7.4
Child under 12
I. SCOPE OF RULES
Rule 1.1 Scope of rules. These rules shall govern the
procedure of all matters within the jurisdiction of ~he
Juvenile Court, including actions taken by probat10n
officers, and shall supplement the applicable statutes.
[Adopted Dec. 31, 1968, effective Jan. l 0, 1969.]
Rule 1.2 Jurisdiction of juvenile court. The jurisdiction of the Juvenile Court is defined by RCW 13.04.010.
"Juvenile Court" is defined by RCW 13.04.030. [Adopted Dec. 31, 1968, effective Jan. IO, 1969.)
Rule 13 Definition of probation officer. "Probation
Officer" means any probation counselor appointed or
designated pursuant to RCW 13.04.040. [Adopted Dec.
31, 1968, effective Jan. 10, 1969.)
(Rules for Superior Coort---f 81)
Petitions.
(a) Petition Alleging Delinquency.
RULE 5.2
Social Study
(a) Social Study for Disposition Hearing
(b) Right of Access to Social File
on
Rule 2.1
Clerk of the Superior Court, pursuant to RCW 13.04.060, a verified petition to invoke the jurisdiction of the
Juvenile Court.
(2) Contents. The petition shall conform to RCW 13.04.060. It shall be entitled "In Re the Welfare of
---------------·"The petition shall contain:
(i) Identification of Child. Name, age, sex and residence of the child, so far as known to the petitioner. If
not known, the petition shall so state.
(ii) Identification of Parent or Custodian. Name,
marital status and residence of the parent or parents,
custodian or other person responsible for the care of the
child, or person with whom the child is residing, s~ _far
as known to the petitioner. If not known, the peution
shall so state.
(iii) Statement of Facts. A statement of facts which
gives the court jurisdiction ov~r the child ~nd o~er the
subject matter of the proceedmgs, stated_ m plam language and with reasonable defimteness and
particularity.
(iv) Request for Inquiry. A r~quest that the court inquire into the welfare of the child and make such order
as the court shall find to be in the best interests of the
child.
(b} Citation Petition. The petition provided for in
RCW 13.04.060 may be in the form of the citation and
notice to appear provided for in JCrR 2.01 and the
complaint and citation provided for in JTR T2.0l
(c) Amendment. A petition may be amended at any
time. The court shall grant additional time if neces~ary
to insure a full and fair hearing on any new allegations
in an amended petition.
(d) Answer. Any party may, but need not, file a written answer to a petition unless ordered to do so by the
court or by local rule. [Adopted Dec. 31, 1968, effective
Jan. 10, 1969. Prior: JuCR Rule 1, superseded by JuCR
Rule 2.l(b).]
Rule 2.2 Referral of complaints. Any petition or any
complaint to the Juvenile Court shall first be referred to
the probation officer who is responsible for intake procedure, if the county has a paid probation officer. Pursuant to RCW 13.04.060, that officer shall advise any
person making a complaint to the Juvenile Court
whether or not a petition is reasonably justifiable. ~f. the
person making the complaint does not file a peh!•?n,
the intake officer shall decide whether to file a petition
or to follow other procedures pursuant to these rules.
[Adopted Dec. 31, 1968, effective Jan. 10, 1969.]
Rule 2.3
Intake interview.
(a) Child not in Detention. Upon receipt of a co~­
plaint, or upon the filing of a petition relating to a child
Rule 4.1
Juvenile Court Rules (JuCR)
who is not in detention, the probation officer who is responsible for intake procedure may request by telephone or letter that the child, parent or interested
parties appear for an intake interview.
the parent or custodian that the child has been placed
in detention. [Adopted Dec. 31, 1968, effective Jan. 10,
1969.]
(b) Child in Detention. If a child is in detention, the
probation officer shall interview the child and shall invite the parent or custodian to appear for an intake
interview.
Rule 3.4 Time limitations on detention. As provided
in RCW 13.04.053, no child shall be held in detention
or shelter longer than 72 hours, excluding Sundays and
holidays, unless a petition has been filed. No child may
be held longer than 72 hours after the filing of a petition unless a court order has been entered for such
continued detention or shelter. No child shall be detained for longer than 30 days unless the detention is
authorized by a court order setting forth the findings
upon which continued detention is based. [Adopted
Dec. 31, 1968, effective Jan. 10, 1969.]
(c) To be Voluntary. Any intake interview shall be
voluntary. [Adopted Dec. 31, 1968, effective Jan. 10,
1969.J
Rule 2.4 Intake procedure.
(a) When No Petition is Filed. Upon receipt of a
complaint where no petition has been tiled, the probation officer shall inform the child and parent or custodian of the nature of the complaint and explain the
court procedures.
(b) Delivery of Petition. Upon the filing of a petition,
the probation officer shall promptly deliver a copy of
the petition to the child and parent or custodian.
(c) Notice of Rights. Upon the filing of a petition, or
upon the admission of any child to detention, the probation officer shall deliver to the child and parent or
custodian a written statement which gives notice of the
following rights:
(I) the right to remain silent as set forth in Rule 7.1;
(2) the right to be represented by an attorney of their
own choosing in all proceedings and to have an attorney appointed in certain cases as set forth in Rule 7.2;
and
(3) the right to have a fact finding hearing on any
petition, if they dispute the allegations made in the petition. [Adopted Dec. 31, 1968, effective Jan. 10, 1969.]
Rule 2.5 Informal adjustment. Instead of filing a petition, the probation officer or the judge may make an
informal adjustment or disposition of any complaint or
referral, pursuant to RCW 13.04.056. [Adopted Dec. 31,
1968, effective Jan. 10, 1969.]
Ill. DETENTION PRIOR TO DISPOSITION
Rule 3.1 Arrest of child. Any child who is taken into
custody and who is not released to his parent, guardian,
custodian or a responsible relative, pursuant to RCW
13.04.120, shall be taken directly before the Juvenile
Court or placed in the detention facility under the jurisdiction of that court, or into the custody of a probation officer. [Adopted Dec. 31, 1968, effective Jan. 10,
1969.]
Rule 3.2 Admission to detention. The probation officer who is responsible for intake procedure shall have
the authority to admit any child to detention. [Adopted
Dec. 31, 1968, effective Jan. 10, 1969.]
Rule 3.3 Notice to parent or custodian. Unless the
arresting officer has already done so, the probation officer shall immediately use all reasonable means to notify
Rule 3.5 Notice of preliminary detention bearing.
The child and parent or custodian shall be informed
that they have a right to a preliminary detention hearing. The court shall hold a preliminary detention hearing if one is requested. The child and parent or
custodian shall be given notice of the time, place and
purpose of the hearing. [Adopted Dec. 31, 1968, effective Jan. 10, 1969.]
Rule 3.6 Preliminary detention hearing. If the written notice of rights and copy of the petition have not
already been given to the child and parent or custodian
pursuant to Rule 2.4, the judge shall do so at the preliminary detention hearing. At any preliminary detention hearing the child and parent or custodian shall
have an opportunity to present evidence and be heard
on the issue of temporary detention. [Adopted Dec. 31,
1968, effective Jan. 10, 1969.]
Rule 3.7 Waiver of preliminary detention hearing. If
neither the child nor parent or custodian requests a
preliminary detention hearing, the order for continued
temporary detention or shelter may be signed without a
hearing. [Adopted Dec. 31, 1968, effective Jan. 10,
1969.]
Rule 3.8 Release from detention. The court or the
probation officer may release a child from detention at
any time. [Adopted Dec. 31, 1968, effective Jan. 10,
1969.]
Rule 3.9 Release on citation. See JuCR 2.1 (b ).
[Adopted Dec. 31, 1968, effective Jan. 10, 1969.]
IV. FACT FINDING HEARING
Rule 4.1 Scheduling of fact finding hearing. If the
child or parent or custodian disputes the allegations
made in the petition, the court shall schedule a fact
finding hearing with reasonable speed, giving preference
to cases where the child is held in detention. [Adopted
Dec. 31, 1968, effective Jan. 10, 1969.]
(Rules for Superior
Court---p 83)
Rule 4.2
Rule 4.2
Rules for Superior Court
Notice and summons.
(a) Manner of Service. Notice and summons shall issue and be served pursuant to RCW 13.04.070, or published pursuant to RCW 13.04.080.
(b) On Whom Served. Notice and summons shall be
served upon the child in addition to the persons designated by statute.
Rule 4.5 Facts not disputed. If neither the child nor
the parent or custodian disputes the allegations made in
the petition, the rules for contested fact finding bearings
shall not apply, and the court may schedule a formal
hearing on the agreed facts to be combined with the
disposition hearing. [Adopted Dec. 31, 1968, effective
Jan. 10, 1969.)
V. DISPOSITION HEARING
(c) Time of Service. Notice and summons shall be
served at least three days before the hearing.
(d) Contents. In addition to the statutory summons
the notice shall include:
'
( 1) notice of the time and place of the hearing;
(2) a specific reference to the petition on file and to
the copy thereof delivered pursuant to Rule 2.4;
(3~ a stateme~t that the purpose of the hearing is to
consider the petition and hear evidence thereon;
(4) notice of the right to remain silent as set forth in
Rule 7.1, and of the right to be represented by an attorney of their own choosing in all proceedings and to
~ave an attorney appointed in certain cases, as set forth
In Rule 7.2. [Adopted Dec. 31, 1968, effective Jan. 10
1969.]
,
Rule 4.3 Issue at fact finding bearing. The fact finding he:'1ring sha~l. be a trial on the allegations of fact
made in the petition. [Adopted Dec. 31, 1968, effective
Jan. 10, 1969.]
Rule 4.4
Fact finding hearing.
(a) Evidence. The rules of evidence shall be followed
in the conduct of the hearing. No social file or social
study shall be considered by the court in connection
with the fact finding hearing.
(b) Degree of Proof. In a fact finding hearing on a
petition alleging delinquency, the facts alleged must be
prov~d beyond ~.reasonable doubt. In a fact finding
heanng on a petition alleging dependency, the facts alleged must be proved by a preponderance of the
evidence.
R!11e 5.1 Notice and summons for disposition bearing.
Notice and summons for a disposition hearing shall issue and be served pursuant to Rule 4.2 only if no notice
and summons on the petition has previously been
served. All parties shall be notified orally or by mail of
the time and place of any continued hearing. [Adopted
Dec. 31, 1968, effective Jan. 10, 1969.]
Rule 5.2
Social study.
(a) Social Study for Disposition Hearing. To aid the
cou_rt in its decision on disposition, a social study, consistmg of an investigation and evaluation of the child,
sh~ll be made by the probation department, unless
waived by the court in a particular case. The probation
department shall make a written report which shall
state the results of the study and shall include all social
records that are to be made available to the court.
. (b) Right of Access to Social File. An attorney for any
interested party shall have a right to inspect the social
fi~e an?. the soc~al study a reasonable time prior to the
d1spos1t10n heanng, unless the court in a particular case
decides that release of certain information would be
detrimental to the best interests of the child. [Adopted
Dec. 31, 1968, effective Jan. 10, 1969.)
Rule 5.3
Disposition hearing.
(a~ Judge's Statement. The judge shall inform the
parties ?f the purpose of the hearing. He shall inform
the parties of the new status of the child either as a result of the fact finding hearing or as a result of their
agreement with the facts alleged in the petition.
(c) Findings of Fact. If the court dismisses the petition, no findings of fact are necessary. If the court decides to retain and exercise jurisdiction, it shall make
written findings of fact.
(b) Social Study. The court shall consider the social
file and social study in addition to evidence produced at
the hearing.
(d) Disposition. In the discretion of the court, the
matter of disposition may be considered at the hearing
after the court has announced its findings of fact.
(c) Findings and Conclusions. The court shall make
written findings of fact and conclusions of law in connection with an order of disposition, if they have not
already been made at a fact finding hearing.
(e) Continuance. If the case is continued for a disposition hearing, the court shall decide whether or not the
c_hild sho~ld be held i~ detention pending final disposition. Notice of the tlille and place of the continued
hearing may be given in open court.
(0 Duty of ~osecuting Attorney. It shall be the duty
of the prosecuting attorney or his deputy to present the
evidence supporting any petition where the facts are
contested, whenever requested to do so by the court.
[Adopted Dec. 31, 1968, effective Jan. 10, 1969.]
[RuJes for Superior Court---p 841
~d) Deferred Findings. With the agreement of the
child and. parent or custodian, the court may enter an
order which defers the entry of any findings of fact
whenever such deferral is in the best interests of the
chil~. Along with such an agreed order deferring the
fi.n.dmgs o_f fa~t, the court may enter an order of dispos1t10n ~h1ch is agreed to by the child and parent or
custodian, or the court may defer the entry of any order
of disposition, subject to conditions set by the court. If
the conditions are met, the court, in its discretion may
Rule 7.4
Juvenile Court Rules (JuCR)
later dismiss the petition. [Adopted Dec. 31, 1968, effective Jan. 10, 1969.]
Rule 5.4
Direct to court bearing.
(a) Scheduling of Direct to Court Hearing. If the probation officer or the judge decides that an intake interview, preliminary investigation or social study would
not be justified, the petition may be scheduled directly
to court for a combined fact finding and disposition
hearing.
(b) Notice and Summons for Direct to Court Hearing.
Notice and summons for such a hearing shall be given
pursuant to Rule 4.2.
(c) Referral to Probation Department. If it appears to
the court at the direct to court hearing that disposition
of the matter at that hearing woµld not be in the best
interests of the child, the court may refer the matter
back to the probation department for further action and
hearing pursuant to these rules. [Adopted Dec. 31, 1968,
effective Jan. 10, 1969.]
VI. DECLINE OF JURISDICTION-ALLOWING
CRIMINAL PROSECUTION
Rule 6.4 Hearing on decline of jurisdiction. At any
hearing where a decline of jurisdiction would allow
criminal prosecution for a felony, the court shall consider the decline investigation report in addition to evidence produced at the hearing and shall make written
findings of fact and conclusions of law in support of its
decision. [Adopted Dec. 31, 1968, effective Jan. IO,
1969.]
Rule 6.5 Decline of jurisdiction in traffic cases. The
court shall have discretion to decline jurisdiction, without a hearing, in connection with an alleged violation of
the traffic laws. [Adopted Dec. 31, 1968, effective Jan.
IO, 1969.)
VII. SELF-INCRIMINATION AND RIGHT TO
COUNSEL
Rule 7.1 Right to remain silent. A child who is the
subject of court proceedings has a right to remain silent
and may refuse to answer any questions. No other party
or witness shall be compelled to testify, if the testimony
might tend to incriminate him in any criminal proceeding, or to establish jurisdiction over him in any Juvenile
Court proceeding. Whatever any person says after being
warned of his rights may be used against him. [Adopted
Dec. 31, 1968, effective Jan. IO, 1969.]
Rule 7.2
Right to counsel.
Rule 6.1 Scheduling of hearing on decline of jurisdiction. When a delinquency petition has been filed alleging violation of the law and it appears to the
probation officer or the judge that retaining jurisdiction
over the child in the Juvenile Court may be contrary to
the best interests of the child or the public, the court
shall schedule a hearing to determine whether or not to
decl.ine jurisdiction. In any case where declining jurisdiction would allow criminal prosecution for a felony,
the decline hearing shall be scheduled within seven days
after the filing of the petition, unless further continued
by the court for good cause. [Adopted Dec. 31, 1968,
effective Jan. 10, 1969.]
(a) Retained Counsel. Any party has a right to be
represented by an attorney of his own choosing in all
proceedings.
(b) Court Appointed--lndigents. Any child whose
parent, guardian or custodian is indigent has a right to
have an attorney appointed by the court to represent
him in any proceeding where the child may be subject
to a decline of Juvenile Court jurisdiction which would
allow criminal prosecution for a felony, or where the
matter is serious enough that the court might consider
removing the child from the custody of his parents or
custodian, or committing the child to the Department
of Institutions.
Rule 6.2 Notice of hearing on decline of jurisdiction.
The child and parent or custodian shall be given a copy
of the petition and notice of the time, place and purpose of -the hearing. [Adopt~d Dec. 31, 1968, effective
Jan. IO, 1969.]
(c) Court Appointed-Other. The court shall appoint an attorney for any child where the court feels
that the welfare of the child requires an attorney for
any reason. [Adopted Dec. 31, 1968, effective Jan. 10,
1969.]
Rule 6.3 Investigation for decline hearing. When the
court has scheduled a hearing in a case where a decline
of jurisdiction would allow criminal prosecution for a
felony, the probation department shall make an investigation and evaluation of the matter and make a report
to the court. The decline investigation report shall include all social records that are to be made available to
the court at the decline hearing. Any party or his attorney shall have a right to inspect a copy of the report of
the ~ecline investigation a reasonable time prior to the
hearmg. [Adopted Dec. 31, 1968, effective Jan. IO,
1969.]
Rule 7.3 Waiver of rights. Any right which a child
has under these rules may be waived by an express
waiver intelligently made by the child and his parent or
custodian after they have been fully informed of the
right being waived. [Adopted Dec. 31, 1968, effective
Jan. 10, 1969.]
Rule 7 .4 Child under 12. Whenever these rules refer
to waiver, consent or agreement by a child or refer to
any notice, summons or petition being given to or
served upon a child, the word child shall be construed
to .ref~r to a child who is at least 12 years of age. If a
child is under 12 years of age, his parent or parents, or
(Rules for Superior Court--p 8S)
Rule 7.4
Rules for Superior Court
the adult having his actual custody, shall receive the
notice, summons or petition or give any waiver, consent
or agreement contemplated by these rules unless the interests of the child and the parent or custodian are in
conflict. In that event, or if no parent or custodian is
available for a child under 12 years of age, the court
shall appoint a guardian ad litem or attorney, or both,
to protect the interests of the child and stand in the
place of a parent or custodian. lAdopted Dec. 31, 1968,
effective Jan. 10, 1969.]
LOCAL RULES OF SUPERIOR COURT (LR)
(Not published herein)
APPENDIX TO PART IV:
COURT ORDERS AND
TABLES
Table of Contents
I.
2.
3.
4.
5.
1.
Order Adopting Rules--May 5, 1967 (including
Table RPPP to New Rules).
Explanation by the Court.
Order Correcting and Amending Rules--June
28, 1967.
Table of Distribution of General Rules of Superior Courts in Effect Prior to January l, 1960, into
the Rules of Pleading, Practice and Procedure
which were superseded on July l, 1967.
Table of Distribution of Rules of Pleading, Practice and Procedure in Effect Prior to January I,
1960, into the Rules of Pleading, Practice and
Procedure which were superseded on July l, 1967.
ORDER ADOPTING RULES-MAY 5, 1967.
(Effective July 1, 1967)
SUPREME COURT OF WASHINGTON
IN TIIB MATIER OF
TIIB AooPTION
of
RULES OF CouRT
Paper No. 25700--A
ORDER AooPTING
(I) Classification System
for Court Rules
(2) Amendments to
Rules on Appeal
(3) Civil Rules for
Supc_:rior Court
(4) S~al Proceedint1s
Rules for Supenor Court
(5) Criminal Rules
·
for Superior Court
WHEREAS, the legislature enacted Laws of 1925, chapter 118, relating generally to rules of procedure; and
WHEREAS, authority to promulgate and adopt uniform rules of procedure for the courts in the state of Washington is vested in the Suprerne Court of Washington under the decision in State ex rel.
Foster-Wyman Lbr. Co. v. Superior Court, 148 Wash. I, 267 Pac. 770
(1928); and
WHEREAS, the Supreme Court of Washington requested technical
assistance, advice, and counsel from the Judicial Council, that a comprehensive study be made, and that proposed civil rules for Superior
Court be drafted and submitted by the Judicial Council for consideration by the Supreme Court; and
WHEREAS, the Judicial Council established an advisory committee
to do research and drafting, and to submit initial drafts of proposed
civil rules for Superior Court.
[Rules for Superior Court-;t 86)
WHEREAS, The advisory committee, after years of study, submitted
to the Judicial Council an enlarged proposal made necessary by the
revision of the civil rules consisting of:
(1)
(2)
(3)
(4)
(5)
Classification System for Court Rules
Amendments to Rules on Appeal
Civil Rules for Superior Court
Special Proceedings Rules for Superior Court (as renumbered)
Criminal Rules for Superior Court (as renumbered)
WHEREAS, the Judicial Council caused copies of the proposed
changes in rules to be distributed to interested individuals throughout
the state, inviting and requesting comments and suggestions; and, after due consideration and careful revision by individual members of
the Judicial Council, and by the council as a whole, the proposed
changes in rules, as finally revised and unanimously approved by the
Judicial Council, were submitted to the Supreme Court; and
WHEREAS, all written comment and criticism filed with the Judicial
Council was evaluated and given due consideration by the Judicial
Council; and
WHEREAS, these proposed civil rules for Superior Court together
with the other necessary proposed changes in rules were considered
by individual members of the Supreme Court and by the Supreme
Court as a whole; NOW THEREFORE,
IT IS ORDERED THAT:
Classmcation System for Court Rules.
1.
The following classification system for court rules is adopted and
the titles to existing Court Rules are arnended to conform:
(See Part I, General Rules, Rule l)
[The above classification was amended by order of the court dated
J\lDe 28, 1967. Such classification as amended is now General Rules,
Rule !.]
Proposed Amendments to Rules on Appeal.
2.
The Judicial Council has proposed amendments to the Rules on
Appeal, all appearing appropriate to coordinate the Rules on Appeal
with changes made by the New Civil Rules For Superior Court Action by the Supreme Court on these proposals is temporarily deferred
for further study.
Rules of Pleading, Practice and Procedure.
3.
The Rules of Pleading, Practice and Procedure are superseded by
the following rules entitled as follows:
Civil Rules for Superior Court
Special Proceedings Rules for Superior Court
Criminal Rules for Superior Court
which are hereby adopted. The text for the newly adopted rules are
a!lllexed and by this reference are made a part of this order. There
follows a table of cross references from the "RPPPs" to the new
Rules.
CRoss REFERENCES FRot.t FORMER RPPPs
TO NEW ROAs, CRs and SPRs
RPPP Nos.
Rule 5.04W .........................
Rule 7 ..............................
Rule8 ..............................
Rule 8.04(1),
!st and 2nd
sentence ..........................
Rule 8.04(1),
3rd sentence ......................
Rule 8.04(1),
4th sentence .......................
Rule 8.04W(2) .......................
Rule 8.08W(I) .......................
Rule
Rule
Rule
Rule
Rule
Rule
Rule
Rule
Rule
8.08W(2) .......................
8.08W(3) .......................
9 ..............................
10 .............................
11. ............................
12 .............................
13 .............................
14 .............................
15 .............................
New Rules
CR 5(g)
CR 7
CR8
CR IO(e)
CR 5(a)
Not Readopted
CR 5(d)
CR 6(d)&
7(b)(3)
Not Readopted
CR 59(e)
CR 9
CR 10
CR IO
CR 12
CR 13
CR 14
CR 15
Appendix to Part IV
RPPP Nos.
New Rules
Rule 15.04W ........................ CR 15(e)
Rule 16 ............................. CR 16
Rule 17 ............................. CR 17
Rule 18 ............................. CR 18
Rule 19 ............................. CR 19
Rule 20 ............................. CR 20
Rule 21. ............................ CR 21
Rule 22 ............................. CR 22
Rule 23 ............................. CR 23
Rule 23(b) .......................... CR 23.1
Rule 23(b) .......................... CR 23.2
Rule 24 ............................. CR 24
Rule 25 ............................. CR 25
Rule 26 ............................. CR 26
Rule 27 ............................. CR 27
Rule 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CR 28
Rule 29 ............................. CR 29
Rule 30 ............................. CR 30
Rule 31. ............................ CR 31
Rule 32 ............................. CR 32
Rule 33 ............................. CR 33
Rule 34 ............................. CR 34
Rul.e 35 ............................. CR 35
Rule 36 ............................. CR 36
Rule 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CR 37
Rule 38.04W ........................ CR 38(e)
Rule 40.04W(I) ...................... CR 40(d)
Rule 40.04W(2) ...................... CR 40(c)
Rule 41.04W(a) ...................... CR 41(b)(I)
Rule 41.04W(b) ...................... CR 4l(b)(2)
Rule 41.08W ........................ CR 4l(a)
Rule 42(a) .......................... CR 42(b)
Rule 42(b) .......................... CR 54(b)
Rule 42(c) .......................... CR 62(b)
Rule 43.04W ........................ CR 43(f)
Rule 43.08W ........................ CR 43(a)(2)
Rule 43.12W ........................ CR 43(g)
Rule 43.16W ........................ CR 43(i)
Rule 44 ............................. CR 44
Rule 46.04W .· ....................... CR 46
Rule 49 ............................. CR 49(a)&(b)
Rule 50 ............................. CR 50(a)
Rule 51.04W ........................ CR 51(a) thru (e)
Rule 51.08W ........................ CR 5l(f) thru (h)
Rule 51.12W ........................ CR 5l(h)
Rule 51.16W ........................ CR 5l(f)
Rule 52.04W ........................ CR 52(a)(l)
Rule 52.08W,
1st paragraph ..................... CR 52(c)
Rule 52.0SW,
2nd paragraph ..................... CR 52(d)
Rule 54.04W ........................ CR 54(e)
Rule 55:04W ........................ CR 55(a)&(b)
Rule 55.08W ........................ CR 55(f)
Rule 56 ............................. CR 56
Rule 59.04W ........................ CR 59(a)&(b)
Rule 59.08W ..................... CR 59(i), 50(c)
and (d), ROA 16
Rule 60 ............................. CR 60(a)
Rule 60.04W ........................ CR 60(e)
Rule 63.04W ........................ Not Readopted
Rule 66.04W ........................ CR 66(c) thru (e)
Rule 66.0SW ........................ CR 43(e)(2)
Rule 68 ............................. CR 68
Rule 70. . . . . . . . . . . . . . . . . . . . . ....... CR 70
Rule 77.04W ........................ CR 43(d)
Ru\e 11.0SW,
1st sentence ....................... CR 54(e)
Rule 77.08W,
2nd sentence ...................... SPR 94.04W(e)
Rule 77.12W ........................ Not Readopted
Rule 77.l6W(l)
thru (3) ........................... CR 78(d) thru (t)
Rule 77.16W(4) ...................... ROA 40(b)
Rule 77.20W ........................ SPR 90.04W
Rule 77.24W ........................ CR 77(h)
RPPP Nos.
Rule 78.04W ........................
Rule 80.04W ........................
Rule 82.04W ........................
Rule 83.04W ........................
Rule 86 .............................
Rule 89.04W ........................
Rule 91.04W ........................
Rule 92.04W ........................
Rule 93.04W ........................
Rule 93.06W
[98.06W] ..........................
Rule 96.04W ........................
Rule 96.0SW ........................
Ru\e 98.04W ........................
Rule 98.08W,
1st paragraph .....................
Rule 98.0SW,
2nd paragraph .....................
Rule 98.12W ........................
Rule 98. I 6W ........................
Rule IOl.04W .......................
Rule IOl.08W .......................
Rule I01.12W .......................
Rule I01.16W .......................
Rule IOl.20W .......................
Rule IOl.24W .......................
New Rules
CR 77(k)
CR 43(j)
CR 82
CR 83(a)
CR 86(a)
CR 2A
SPR 94.04W
SPR 93.04W
SPR 9&.t6W
(Abrogated)
SPR 91.04W
CrR I00.04W
SPR 98.04W
SPR 98.08W
SPR
SPR
SPR
CrR
CrR
CrR
CrR
CrR
CrR
98. IOW
98.12W
98.20W
IOl.04W
IOl.08W
IOl.12W
IOl.16W
IOl.20W
IOl.24W
Reviser's note: For table of distribution of rules in effect prior to
January I, 1960, see the Appendix to Part IV, No. 4 infra.
4.
Public Inspection.
This order and copies of the aforesaid rules be made available for
public inspection as in the case of other orders and public records of
the Supreme Court; and
5.
Publication and Requests for Comments, etc.
The aforesaid Court Rules shall be published expeditiously in the
Washington Decisions, together with notice that, for the purpose of
due consideration and evaluation by the Supreme Court, comment,
criticism, or objection to the aforesaid rules may be filed in writing
not later than June l, 1967, in the office of the Oerk of the Supreme
court; and
6.
Effective Date.
The rules referred to and incorporated herein by this order, be
adopted subject only to further consideration and such revision as
may be made by order of this Court, and become effective on July I,
1967.
DATED this 5th day of May, 1967.
ROBERT C. FINLEY,
Chief Justice
Approved:
MA.TtHEW W. Hu.L
RoBf!RT T. HUNTI!R
0RJUS L. HAMILTON
CHARLES T. DoNWORTH
FRANX HALE
FRANK P. WEAVER
HUGH J. ROSEU..INI
FOREWORD
(to rules adopted May 5, 1967)
In January of 1961 Judge Donworth suggested to the Washington
Judicial Council that certain civil rules for superior court be clarified.
This resulted in a committee report in October of that year, recommending the adoption of five federal rules. Further suggestions for the
adoption of certain federal rules were received about that time from
Washington state attorneys and judges. By June of 1962 more than a
dozen federal rules had been studied and their adoptions proposed. It
was then decided to do an mtensive study of the federal rules and to
mcorporate numerous suggestions that had been received from members of the Council, from judges and from attorneys. By this time it
had become apparent to the Council's committee that in many areas
Washington practice was preferable to federal practice.
By January 1964 the Sixth Draft had been prepared by the committee and considered by the Council at numerous meetings. This
Draft was published as a service to the Bench and Bar by the West
Publishing Company and widely distributed throughout that state to
judges and local bar associations for their study, suggestions, and
IAppendJx to Part IV---p 87]
Appendix to Part IV
criticisms. The superior court judges of the state, at their annual Judicial Conference, discussed the proposed rules at length and submitted suggestions to the Judicial Council. Letters were received from bar
associations and from individual attorneys suggesting various
changes. These suggestions were considered at several meetings of the
Judicial Council during 1965 and resulted in the Seventh Draft, which
was submitted to the Supreme Court for its consideration.
The rules are designed to accomplish the following objectives:
(I) To provide a single trial manual with ready references to the
procedural rules and statutes relating to the trial of cases in the
Superior Court of Washington;
(2) To conform to the federal practice in all situations where there
are no compelling reasons for perpetuating Washington practice, especially in the many situations where the Washington
statutes, rules, and case law are confusing, obscure, or
nonexistent;
(3) To preserve the Washington practice in all situations where the
Washington practice is believed to be superior or where the
matter is not adequately covered by federal rules;
(4) To eliminate many procedural traps now existing in Washington practice;
(5) To conform the Civil Rules for the Superior Court to the Civil
Rules for the Justice Courts which also follow the format of
the federal rules;
(6) To make available a ready reference to all authorities discussing the comparable federal rules.
The Court expresses its appreciation to the members of the committee of the Judicial Council who drafted the proposed rules. This
committee, consisting of Judge Frank D. James, Senator Fred H.
Dore, and Dan Reaugh, chairman, with the assistance of Professor
Robert Meisenholder of the University of Washington School of Law
as reporter, devoted many hours and much labor to this complex and
extensive compilation. We are likewise grateful to the many lawyers
and judges whose helpful suggestions have added materially in the
fonnulation of the rules as now presented.
A final note is that most of the 1966 Amendments to the Federal
Rules of Civil Procedure have been incorporated into the comparable
Civil Rule.
RoJ>EllT C. FINLEY, Chief Justice
2.
EXPLANATION BY THE COURT
Format So that the many text books on the Federal Rules will be
readily usable in researching these Civil Rules for Superior Court, every effort has been made to maintain the format of the Rule Number
and subdivision organization of the Federal Rules. Therefore, even
though the text of a given subdivision of a Federal Rule is not adopted, the comparable text of the Washington Rule is included where
appropriate under the comparable Federal subdivision. Where the
Federal Rules contain no comparable subdivision for a Washington
Rule, and when the subject of the Washington subdivision logically
should be placed before a subdivision "(a)" of the applicable Federal
Rule, the hyphen symbol "(-)" is used to identify the inserted subparagraph. For examples see Rules 4(-) a.nd 17(-). In other words, the
hyphen (-) subdivision always precedes an (a) subdivision. When a
Washington subdivision logically follows the last subdivision of a
Federal Rule, the Washington subdivision is added after the last
Federal subdivision. For examples see subdivisions (e) of Rule 15,
and (i), (j), (k) and (1) of Rule 9. If there is no comparable Washington subdivision for a Federal subdivision, the Federal subdivision is
included and designated as "[Reserved]",
Statutes. Where a Washington procedural statute, not superseded
by a rule, logically comes within the scope of the Format of the subject matter of the Federal Rules, a cross-reference is added after the
most appropriate "(Reserved]" subdivision. For examples see subdivision (b), (c), and (d) of Rule 3 and (d), (e) and (f) of Rule 17. The inclusion of a cross-reference to a statute does not imply that there are
no other pertinent statutes.
Comments by the court. Where it appears that all or part of a statute has been superseded by a Rule, a statement to that effect is included in the Comments. Statutes not superseded continue to be
effe<.:tive. The Comments also identify the sources of the Rules.
Abbreviations. These "Civil Rules for Superior Court" may be cited
as "CRs".
!Appendix to Part IV--p 88)
3.
ORDER CORRECTING AND AMENDING
RULES--JUNE 28, 1967
IN THE SUPREME COURT OF THE STATE OF
WASHINGTON
Paper No. 25700A-104
CORRECTIONS and
AMENDMENTS TO
I
ORDER ADOPTING
\(\) C\assilication System
I
for Court Rules
IN THE MATIER OF I(2) Amendments to
THE ADOPTION
{
Rules on Appeal
OF
I(3) Civil Rules for
RULES OF COURT I
Superior Court
1(4) Special Proceedin~
I
Rules for Superior Court
I(5) Criminal Rules
l
for Superior Court
WHEREAS, The Supreme Court of Washington on May 5, 1967, issued and published in 71 W.D. 2d No. IA, new court rules primarily
applicable to the Superior Court, to become effective on July 1, 1967,
a11d
WHEllEAS, the Supreme Court individually, and in executive session,
has received and considered comments, suggestions, and objections as
requested in the May 5, 1967 order, and
WHER.EAS, most suggestions and objections not adopted will be referred to the Judicial Council for further study,
NOW, THEREFORE, it is ORDERED that:
I.
A new General Rule I relating to the classification of Court
Rules is adopted to read:
(Reviser's note: See Part I, GENERAL RULES, Rule 1) The
titles to all Court Rules are amended to conform.
2.
On page vi of the May 5, 1967, order, the table of cross-references is amended by deleting "Rule 93.06W (98.06W] .
SPR 98.06W."
3.
The Rules on Appeal (ROA) are amended as follows:
(a) ROA 15, entitled "Jurisdiction, Effect of Appeal on", is amended by substituting:
"A party may appeal from any order, judgment or decree
enumerated in ROA 14 by giving notice of appeal as provided in ROA 33 and ROA 46. Except when the running
of time for appeal is suspended as otherwise provided in
these rules,"
for:
"A party may appeal from any order, judgment, or decree
enumerated in Rule 14 by giving notice of appeal as provided in Rule 33, and"
Comment.
The amendment coordinates with other rules
such as ROA 33(6) and 46(b)(l) the suspending or
extending the running of the time for filing the
notice of appeal when certain post-trial motions
are pending.
(b) ROA 16, entitled "Powers of Supreme Court", is amended by
adding at the end a new paragraph reading:
"An appeal to the Supreme Court from a judgment
granted on a motion for judgment notwithstanding the
verdict shall, of itself, without the necessity of a crossappeal, bring up for review the ruling of the trial court o~
the motion for a new trial; and the Supreme Court shall, if
it reverses the judgment entered notwithstanding the verdict, review and determine the validity of the ruling on the
motion for a new trial."
Comment.
The paragraph added is identical to the last
sentence from RPPP 59.0SW which is superseded.
(c) In heading and in text of ROA 27, entitled "Exception to Sure-
ty", change "Exception" to "Objection" and "except" to "object" and
"excepts" to "objects."
Appendix to Part IV
Comment.
Page in
71 W.D.
2d No JA
CR
75
This change from exceptions to objections is
consistent with the Proposed CR-46 relation to
objections.
44(a)(l)
Line
(d) Paragraph (6) of ROA 33, entitled "Notice of Appeal and
Cross-appeal in Civil Cases" is amended to read:
"(6) Extension of Time for Filing Notice of Appeal. If a
timely motion is made for judgment notwithstanding the
verdict under CR 50(b), for the amendment of findings
under CR 52(b), for vacation of judgment under CR
52(d), and/or for reconsideration, etc., under CR 59, the
notice of appeal may be filed within 30 days after the entry of the order granting or denying the motion."
Comment.
Paragraph (6) is amended to clarify the effect
on the running of the time for appeal when the
enumerated motions are pending in the superior
court.
(e) ROA 35, entitled "Statement of Facts, What Constitutes", is
amended by adding in the first sentence "any objections or" between
"and" and "exceptions in the cause".
Comment.
13th
& 15th
The phrase ''exceptions in the cause" is not
because some statutes relating to the reVJew of administrative ruling require "statements
of exceptions".
d~leted
83
(t) ROA 40, entitled "Return of Statement of Facts", is amended
by:
(I) Changing title to "Statement of Facts".
(2) 1:11~ present_ text of Rule on Appeal 40 is designated as subdi-
83
V1s1on (b) with the subtitle of "(b) Use by Counsel".
(3) Adding new subdivisions (a) and (c) and comment reading:
'.'(a) N_otice of Filing. When the proposed statement of
facts IS received by the clerk of the superior court, the clerk
shall promptly notify the Supreme C.Ourt of the filing.
. "(c) Forwarding to Supreme Court. The clerk of the supenor court shall not forward the statement of facts to the
clerk of ~e Supreme Court until the time for filing ilie respondent's bnef has elapsed, except by consent in writing of respondent's counsel."
"Comment.
4.
2nd
Line
Table of
Contents
At end add following sentence: "If the instruction in
WPI allows or provides for
a choice of wording by the
use of brackets or otherwise, the written request
which designates the number of the instruction shall
also designate the choice of
wording which is being
requested."
114
118
77(c)(8)(A)(ii)
79(e)
119
80
Last sentence is amended
to read:
"In controverted matters,
the use of recording devices shall be at the direction of the court, unless a
parry of record or his
counsel makes timely objection prior to the commencement
of
the
proceedings."
119
81-86
Prior to "Rule 81" insert
"XI GENERAL PROVISIONS (Rules 81--86)"
1st
Amendment
Prior to "Rule 81" insert
"XI GENERAL PROVISIONS (Rule 81-86) ...
119"
2
2A
4th
after ''open court" strike
"and" and insert: "before a
court reporter, or"
5
4(d)(l)
1st
In
6
4(d)(2)
1st
13
6(a)
Delete
"23.52.051--056"
and insert "23A.08.1 IO and
23A.32.IOO"
Strike last sentence
2\
\O(eX4)
\st
Change "each attorney" to
"all persons".
63
38(b)
Strike the last sentence
69
41(e)
Add a new subdivision
reading:
"(e) Notice of Settlements.
If a case is settled after it
~as been assigned for trial,
1t shall be the duty of the
At end of comment delete
"it supersedes RCW 4.56.150" and insert "Subdivision (a) does not supersede
RCW 4.56.150."
Delete "judgment" and insert "verdict"
5l(d)(l)
Subdivision (c) follows and supersedes RPPP
77.16W(4)."
CR
After "office" in line 13,
insert ''or official custody
of the seal of the political
subdivision", and at the
end add: "or the seal of the
political subdivision."
85
The Civil Rules for Superior C.Ourt (CRs) are amended as
follows:
Page in
71 W.D.
2d No JA
50(a)
50(b)
Amendment
attorneys or of any party
appearing pro se to notify
the court promptly of the
settlement. If the settlement is made within 5 days
before the trial date, the
notice sha\\ be made by
telephone or in person. All
notices of settlement shall
be confirmed in writing to
the clerk."
Comment. Subdivision (e)
is added to enable the
courts to make fuller use of
all court facilities.
subheading
delete
"with" and insert "and/or"
5.
Insert "i" in "Visiting"
Add a new subsection
reading:
"(e) Destruction of Records. [Reserved--See
RCW 36.23.070.)
The Special Proceedings Rules (SPRs) for Superior C.Ourt are
amended as follows:
Page in
71 W.D.
2d No JA
SPR
123-129
all
Line
Amendment
In all comments references
to "former Rule" and
"Rule" should be changed
to "RPPP".
!Appendix to Part IV--p 89)
Appendix to Part IV
Page in
GRSC
RPPP
71 W.D.
Number
Number
11
12
13
14
15
16
101.l2W
43.llW
51.04W
77.08W
52.08W
Superseded
by old
RPPP45.
Appears as
59.04W
52.04W
66.0BW
98.0BW
96.08W
98.IlW
54.04W
77.IlW
77.16W
77.20W
77.24W
IOl.16W
83.04W
92.04W
55.08W
63.04W
93.04W
IOI.20W
IOl.24W
SPR
2d No IA
Line
Amendment
123
91.04W
123
91.04W(a)
4th
Delete "defendant"
124
9I.04W(c)
3d
Delete "defendant"
124
9I.04W(d)
I, 2
Delete "defendant"
After "91.04" add "W"
& 4th
124
9I.04W(e)
2d
After "garnishment" insert:
"on the defendant and on
the garnishee"
124
91:04W(all)
125
93.04W
lst
Between "proceeding" and
"shall" insert "insofar as it
affects or concerns the
adopters"-
126
98.04W(a)
5th
Delete "distributee" and
insert
"legatee
and
devisee".
126
98.04W(b)
7th
Delete
Amend comment at end to
read:
"Comment. Amendments
to RPPP 96.04W are made
to conform
to
1967
Amendments to Garnishment Statutes."
0
126
6.
98.06W
all
"or'
and
Delete the Rule since it expires on July I, 1967.
Page in
CrR
131-136
IOI.04W(a)
Amendment
In all comments references
to "former Rule" should be
changed to "RPPP"
all
131
Line
I & 2d
Delete "Rem. Rev. Stat. §
2148 (P.C. 9214)" and insert "RCW 10.52.040".
Effective Date. The amendments provided by this order shall
become effective on July I, 1967.
Dated this 28th day of June, 1967
C. FINLEY
Chief Justice
HUGH J. ROSELUN
RoBEJlT T. HUNTER
ORJUs L. HAMU.TON
FRANJC P. WEAVER
RoBEJlT
MATIHEW
w.
HILL
CHARLES T.
DoNWORlH
MAllSHALL A. NEILL
FRANK HALE
4.
Table of distribution of general rules of superior
courts in effect prior to January 1, 1960 into the
rules of pleading, practice and procedure which
were superseded on July 1, 1967.
GRSC
Number
I
2
3
4
5
6
7
8
9
10
!Appendix to Part IV--p 90)
31
32
33
34
insert
The Criminal Rules for Superior Court (CrRs) are amended as
follows:
2d No IA
30
to".
71 W.D.
7.
17
18
19
20
21
22
23
24
25
26
27
28
29
5.
Table of distribution of rules of pleading, practice
and procedure in effect prior to January 1, 1960
into the rules of pleading, practice and procedure
which were superseded on July 1, 1967.
Old RPPP
Number
I
2
3
4
5
6
7
8
9
IO
II
12
13
14
15
16
17
18
19
sub. I.
sub. 2.
20
21
RPPP
Number
82.04W
Superseded
41.04W
41.08W
96.04W
Superseded
60
51.08W
51.12W
51.16W
46.04W
IOI.04W
60.04W
59.08W
10L08W
16
80.04W
18(b)
56
12(c)
50
68
22
22
RPPP
Number
8.04W
15.04W
Superseded
55.04W
91.04W
8.08W
78.04W
40.04W
43.0BW
89.04W
23
24
25
26--37
38
39
41
42
43
44
70
98.16W
77.04W
26--37
44
66.04W
38.04W
98.04W
43.04W
49
None (Old rule
abbrogated certain
statutes which
statutes were
40
Index to Parts I-IV
Appendix to Part IV
federal, certificate procedure ......... .
Intervention ........................ .
Lis pendens ........................ .
Parties designated ................... .
Pending decisions, list of ............. .
Pending, effect of effective date of civil rules
Placing on calendar, methods ......... .
Real party in interest ................ .
Shareholder, derivative .............. .
Superior Court, form ................ .
Unincorporated association .......... .
subsequently
repealed by
Chapter 50,
Laws of 1957)
59.04W
45
INDEX FOR RULES OF
COURT PARTS I-IV
INDEX KEY
Abbreviation
APR
AR
CAR
CAROA
CJC
CPR
CR
CrR
DRA
JuCR
MPR
ROA
SAR
SPR
Admission to Practice Rules
Superior Court Administrative Rules
Court of Appeals Administrative Rules
Court of Appeals Rules on Appeal
Code of Judicial Conduct
Code of Professional Responsibility
Superior Court Civil Rules
Superior Court Criminal Rules
Discipline Rules for Attorneys
Juvenile Court Rules
Superior Court Mental Proceedings Rules
Supreme Court Rules on Appeal
Supreme Court Administrative Rules
Superior Court Special Proceedings Rules
-ARule
Accident or Surprise
New trial, grounds
CR
Number
59(a)
Accord and Satisfaction
Affirmative defense, pleading
CR
8(c)
Accounts
Receivership, filing, special notice
CR
66(d)
Action
Against nonresident ................. .
Brought in wrong county ............ .
Civil See Civil Action
Consolidation ...................... .
Corporation, enforcement of right ..... .
Cost, security ....................... .
Court, perpetuation of testimony
Criminal See Criminal Cases
Dismissal
Involuntary ...................... .
Voluntary ........................ .
Divorce See Divon:e
Effect of tolling statute .............. .
CR
CR
&2(a)
82(b)
CR
CR
CR
CR
42
23.l
7(d)
27(c)
CR
CR
4I(b)
4l(a)
CR
3(b)
Number
1-67
24
3(d)
17(-)
79(1)
86
40(b)
17(a)
23.I
CR
CAR
CR
SAR
40(a)(3)
Administrator
Capacity to sue ..................... .
Claims by, settlement ................ .
Compensation ...................... .
CR
SPR
SPR
17(b)
98.0SW
98.lOW
Admlssion
Document, genuineness
Effect ........................... .
Request ......................... .
Hearings for discipline of attorney .... .
Number
Number
Rule
ROA
CR
CR
CR
CR
CR
CR
CR
CR
CR
CR
Adjournment
Cause to remain on docket, no new notice
needed ............... · ... · ·. · · · ·
Court of appeal ..................... .
Power, automatic, effect ............. .
Supreme court ...................... .
RPPP
Old RPPP
CR
CR
DRA
36(b)
36(a)
3.2Q)
APR
APR
I
2A
CPR
APR
APR
IDRl-101
385
384
CPR
APR
APR
APR
APR
IDRl-101
388
1
3A
3A
APR
APR
APR
DRA
APR
APR
384
389
38
8.7(a)
386, 7
1
APR
5D
APR
APR
APR
APR
APR
8
6
5A
5A, 8
8
APR
APR
APR
APR
4B
APR
APR
APR
APR
APR
2C
APR
APR
28
78
AdmJssion to practice
Applicant, classification .............. .
Approved law school defined ......... .
Attorney applicant
Application
false statement, discipline ........ .
fee ............................ .
filing .......................... .
unqualified person, furthering application prohibited .............. .
Certificate of good standing ........ .
Classification ..................... .
Defined ......................... .
Definitions ....................... .
Examination, See Examinations
Oath ............................ .
Oral examination ................. .
Qualifications .................... .
Retake of examination for reinstatement
Statement of practice .............. .
Bar examination required ............ .
Board of governors
See also Board of Governors
Recommendation ................. .
Rules for admission for educational purposes ......................... .
Special investigation ............... .
Certificate of results ................. .
Committee of law examiners ......... .
Educational purposes ................ .
Examinations
Attorney applicant ................ .
Certificate of results ............... .
Failure .......................... .
General applicant ................. .
General applicant
Application, filing, fees ............ .
Approved law school defined ....... .
Classification ..................... .
Defined ......................... .
Definitions ....................... .
Examination, See Examinations
Qualifications .................... .
Indigent representation .............. .
Law clerk
See also General applicant
2
23.2
5
77(g)
5
5A
4C
4A
2A
I
2A
2A
[Index to Parts 1-IV----p 911
Index to Parts I-IV
APR
APR
APR
APR
APR
APR
APR
APR
Number
2D2
2D6
2D3-5
2D2
2Dl
2D2
2A
7
APR
APR
APR
APR
DRA
APR
APR
APR
5G
5F
5C
5D
VIII
5B
6
7
Rule
Application ...................... .
Change of rules, effect ............. .
Course of study ................... .
Employment ..................... .
Requisites ....................... .
Statement of employer ............. .
Law school, approved, defined ........ .
Member of bar from other jurisdiction ..
Oath of attorney
form ........................... .
Taking .......................... .
Time limit ....................... .
Recommendation by board of governors
Reinstatement after disbarment ....... .
Residence requirements .............. .
Special investigations ................ .
State bar membership required, exception
Supreme court order
Entering ......................... .
Revocation ...................... .
Adoption
Findings, conclusions, required
Report, disposition .................. .
Adoption by reference
SUJ.tements in pleadings may be
APR
APR
5E
10
CR
52(a)(l)
93.04W
lO(c)
Advance Sheets
Publication
SAR
17
CR
ROA
5 l(g)
I-16
CR
CR
CR
CPR
43(f)(2)
68
40(a)(5)
DR7-107
Adverse Party
Argument following instructions to jury
Designated . . . . . . . . . . . . . . . . . . . . . . . . . .
Examination not precluded by interrogatory,
deposition . . . . . . . . . . . . . . . . . . . . . . .
Judgment, offer of . . . . . . . . . . . . . . . . . . .
May bring issue to trial . . . . . . . . . . . . . . .
Negotiations with . . . . . . . . . . . . . . . . . . . .
Notice
Preliminary injunction . . . . . . . . . . . . . .
Temporary restraining order, when not
needed . . . . . . . . . . . . . . . . . . . . . . . .
Perpetuation of testimony . . . . . . . . . . . . .
Summary judgment . . . . . . . . . . . . . . . . . .
Witness, notice . . . . . . . . . . . . . . . . . . . . . .
CR
65(a)(l)
CR
CR
CR
CR
65(b)
27(a)(2)
56(c)
43(f)(I)
Affidavit
Bad faith, payment of expenses, contempt
CR
Criminal case, proposed testimony . . . . .
CrR
Default, motion, supporting . . . . . . . . . . .
CR
Form, further testimony . . . . . . . . . . . . . .
CR
CR
New trial, time for serving . . . . . . . . . . . .
Service with motion . . . . . . . . . . . . . . . . . .
CR
Sureties, appeal bond accompanied by,
when ............................ CAROA
Trial, continuance . . . . . . . . . . . . . . . . . . .
CR
Unavailable, procedure . . . . . . . . . . . . . . .
CR
Affinrumce
Directed when ...................... .
56(g)
101.16W(e)
55(a)
56(e)
59(c)
6(d)
26
40(e)
56(f)
ROA
I-41(4)
ROA
I-16
Aflirmation
Judgment, order
Agreement
Between parties in civil action
Amendment
Changing party whom claim is against
Counterclaims, when omitted ......... .
Erasing, adding words ............... .
Juvenile court petition ............... .
Pleading
Insertion of true name ............. .
(Index to Parts 1-IV--p 92)
CR
2A
CR
CR
CR
JuCR
15(c)
13(f)
15(e)
2.1
CR
IO(a)
Number
15(a)
15(b)
15(c)
I-36, 46
36
ROA
CAROA
I-41(5)
41(4)
Amlcus Curaie
Brief on appeal
Answer
Interrogatory
Instructions to jury when accompanying
general verdict . . . . . . . . . . . . . . . . .
CR
Juvenile court petition, to . . . . . . . . . . . . .
JuCR
Pleadings
Civil action . . . . . . . . . . . . . . . . . . . . . . .
CR
Discipline of attorney . . . . . . . . . . . . . .
DRA
CR
When presented . . . . . . . . . . . . . . . . . . . . .
Appeal
Agreed statement of fact
CR
SPR
CR
CR
CR
ROA
CARO A
Rule
Manner, response ................ .
Must conform to evidence ......... .
Relating back ...................... .
Statement of fact ................... .
ROA
CARO A
ROA
Allowed, when ..................... .
ROA
CARO A
Appearance, failure deemed submission
ROA
CARO A
Appellant
Brief
see also Brief
filed, served before cause is ready for
hearing . . . . . . . . . . . . . . . . . . . . . . CAROA
Defined . . . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
Designated appealing party . . . . . . . . .
ROA
CARO A
Argument, number of counsel heard, time
limit ........................... .
ROA
CARO A
Attachment, when allowed ........... . CARO A
Bond
Cash in lieu thereof . . . . . . . . . . . . . . . . CAROA
Defect
constitutes grounds for dismissal on appeal, when . . . . . . . . . . . . . . . . . . . CAROA
warrants new bond . . . . . . . . . . . . . . .
ROA
CARO A
Deposit in lieu of ................. .
ROA
CARO A
Effect on execution of order ........ .
ROA
CARO A
Executed in behalf of appellant . . . . . . CAROA
Execution by sureties . . . . . . . . . . . . . . .
ROA
CAROA
Filing, time limit, amount .......... .
ROA
CARO A
Increase in amount
ROA
CARO A
New
allowed, when
ROA
CARO A
respondent application .......... .
ROA
CARO A
when sureties declared insufficient ..
ROA
CARO A
Not required when ................ .
ROA
CAROA
Obligees ......................... .
ROA
CARO A
Supersedeas ...................... . CARO A
Sureties
certificate of sufficiency .......... .
ROA
CAROA
ROA
justification .................... .
CARO A
49(b)
2.1
7
3.1
12(a)
I-34(5)
34(5)
l-\4
11-2
14
l--0
6
11(2)
I-2(c)(e)
2(c)(e)
I-18
18
I-49
49
14(4)
22(1)
51
l-28
28
1-22(1)
22(1)
I-30
30
ll(l}
1-22
22
I-22(1)
22(1)
1-22(2)
22(2)
1-28
28
1-29
29
1-27
27
1-22( I)(a-<:)
22(1)(a-<:)
1-25
25
23
I-27
27
I-26
26
Index to Parts I-IV
Rule
ROA
CARO A
ROA
CAROA
Number
1-27
27
1-27
27
ROA
CARO A
ROA
ROA
ROA
CA ROA
1-11(2)
11(2)
I-53(e)
11-1
1-12
12
ROA
CAROA
when allowed . . . . . . . . . . . . . . . . . . . CAROA
Case, applicability of practice procedure
ROA
to criminal case ............... ..
CARO A
Cause, supreme court securing jurisdiction ROA
CARO A
Civil case
ROA
Docket fee, waiver ................ .
CAROA
CR
Clerical mistakes, correction .......... .
Computation of time ................ .
ROA
CAROA
Cost
Allowance ....................... .
ROA
CARO A
Bill
ROA
filing, exceptions generally ....... .
CARO A
ROA
hearing on exceptions ........... .
CARO A
waiver of objections ............. .
ROA
CAROA
Bond See Bond
CAR
Court of appeal ................... .
ROA
Party entitled ..................... .
CA ROA
ROA
Payment ......................... .
ROA
Waiver .......................... .
CARO A
Criminal case
See also Criminal Case
Allowed when .................... .
ROA
CARO A
ROA
Action, statement ................. .
CARO A
ROA
Action .......................... .
CARO A
ROA
Appellant's opening brief .......... .
CARO A
By state ......................... . CARO A
ROA
Civil rules applicability ............ .
CAROA
ROA
Co-party, cross appeal notice ....... .
CAROA
Cost
denial ......................... .
ROA
1-21
21
14(2)(6)
objection to .................... .
Void, when ...................... .
Brief
See also Brief
Filed, served before docket set ...... .
Included in motion to dismiss ...... .
Not required when ................ .
Calendar .......................... .
filing .......................... ·
responsibility after .............. .
service
Civil
Action
death of party
CARO A
determination .... , ...... , ...... .
ROA
CARO A
Dismissal for want of prosecution ....
ROA
CARO A
Docket fee, waiver ................ .
ROA
CARO A
Facts, statement . . . . . . . . . ........ .
ROA
CARO A
Indigent cases, reproducing of briefs ..
ROA
CARO A
Notice
contents
ROA
........................ .
Perfecting, jurisdiction ............. .
Procedure to perfect ............... .
Reports by counsel ................ .
Respondent's answering brief ....... .
Cross appeal See Cross Appeal
Damages
Awarded when ................... .
1-lO(a)(l)
IO(a)(I)
60(a)
Motion for ....................... .
Death of party, effect ................ .
1-9
9
Decision
Effect of reversal .................. .
I-55(a)
55(a)
Writing, filing .................... .
Decree, final, notice of appeal ........ .
I-55(c)
55(c)
I-55(d)
55(d)
I-55(e)
55(e)
24
I-55(b)
55(b)
1-31
l-55(f)
55(f)
1-14
14
1-46(e)(I)
46(e)(l)
I-46(e)(l)
46(e)(I)
I-46(e)(3)
46(e)(3)
14(8)
l-46(h)
46(h)
l-46(c)
46(c)
I-46(d)
(2)(ii)
46( d)(2)(ii)
1-46(d)(2)(i)
46(d)(2)(i)
l-46(g)
46(g)
I-IO(a)(2)
10(a)(2)
l-46(e)(2)
46(e)(2)
l-46(f)
46(f)
I-46(b)(2)
ROA
CAROA
ROA
ROA
CAROA
1-62
62
1-51
1-21
21
ROA
CARO A
ROA
CARO A
ROA
CAROA
ROA
CAROA
CARO A
1-61
61
1-16
16
1-33(1)
33(1)(a)
1-2
CARO A
Reply to brief .................... .
l-46(f)
46(f)
1-32
32
ROA
CARO A
ROA
CAROA
ROA
CARO A
ROA
CAROA
Number
46(b)(2)
l-46(b)(4)(1)
46(b)(4)(1)
I-46(d)
46(d)
I-46(b)(3)
46(b)(3)
I-46(d)
(2)(iii)
46(d)
(2)(iii)
I-46(e)
46(e)
I-46(e)(6)
46(e)(6)
I-46(d)(3)
46(d)(3)
l-46(e)(5)
46(e)(5)
Rule
CAROA
ROA
CAROA
ROA
CAROA
ROA
CAROA
ROA
Definitions ......................... .
Determination, judgment, order ....... .
Dismissal
Effect on second .................. .
When dismissed .................. .
CARO A
ROA
CARO A
Disposition of material exhibits ....... . CAROA
ROA
Docket, fee ........................ .
CAROA
ROA
Error set out in full in brief .......... .
CARO A
ROA
Exhibits, disposition ................. .
CARO A
Failure to prosecute constitutes grounds for
dismissal on appeal . . . . . . . . . . . . . . . CAROA
General appearance, not a waiver of the
right to make a motion . . . . . . . . . . . . CAROA
Habeas corpus . . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
ROA
Heard on merit
CARO A
Injunction
Pending ......................... .
CR
Temporary, when allowed .......... . CARO A
Judgment
Affirmance ....................... .
ROA
CARO A
ROA
Affirmation, reversal, modification ...
CARO A
Defined ......................... .
ROA
CAROA
ROA
Effect of ......................... .
CARO A
Execution under .................. .
ROA
CARO A
Final, notice of appeal ............. .
ROA
CARO A
Notwithstanding verdict ........... .
CR
Reversal, criminal cases ............ .
ROA
CAROA
Transcript, effect of ............... .
ROA
CARO A
2
14
20
1--8
8
66
1-10
10
1-43
43
I-66
66
51
51
1-56
56
1-63
63
62(c)
14(3)
1-31
31
I-16
16
l-2(f)
2(f)
1--60
60
1--60
(i()
1-33(1)
33(1 )(a)
50(c)
1-48
48
1-59
59
(Index to Parts 1-IV---p 93)
Index to Parts I-IV
Rule
When allowed .................... .
ROA
CARO A
Jurisdictional requirements, dismissal .. . CARO A
Jurisdiction, effect of ................ .
ROA
CARO A
Method exclusive ................... .
ROA
CARO A
Motion to dismiss
Alternative presentation ........... .
ROA
Brief included .................... .
ROA
Days allowed ..................... .
ROA
CARO A
Grounds ......................... .
ROA
CARO A
Hearing, disposition ............... .
ROA
CAROA
Notice, motions
ROA
CARO A
Service of notice
ROA
CARO A
New trial, motion review ............. .
ROA
CARO A
Notice of
Civil action
ROA
CARO A
Contents, notification .............. .
ROA
CARO A
ROA
Coparty ......................... .
CARO A
Defect constitutes grounds for dismissal
on appeal, when . . . . . . . . . . . . . . . . CAROA
Extension of time . . . . . . . . . . . . . . . . . .
ROA
ROA
Order of filing, service . . . . . . . . . . . . . .
CARO A
Omissions, submitting notice of ....... .
ROA
CARO A
Order
Affirmation, reversal, modification
ROA
CARO A
ROA
Final, notice of appeal ............. .
CARO A
ROA
When allowed .................... .
CARO A
ROA
Part I rules applicable to Part II ...... .
Party
ROA
Death, effect on appeal ............ .
CARO A
ROA
Defined ......................... .
CARO A
ROA
Designation ...................... .
CAROA
ROA
Personal appearance .............. .
CARO A
ROA
Payment of cost .................. .
CAROA
ROA
Personal appearance .............. .
CAROA
ROA
Petitioner defined ................. .
Powers
Of court of appeal .............. . CARO A
ROA
Of supreme court ............... .
ROA
Procedure ........................ .
ROA
Property, disposition .............. .
CARO A
CR
Published instructions to jury ....... .
Receiver, when allowed ............ . CAROA
Record of appeal, what constitutes .. . CAROA
ROA
Rehearing petition ................ .
CARO A
ROA
Remittitur defined
CARO A
Respondent
Brief
see also Brief
filed before cause is ready for hearin~AROA
Defined . . . . . . . . . . . . . . . . . . . . . . . .
ROA
(Index to Parts I-IV---p 94)
Number
1-14
14
Rule
Designated adverse party ........ .
8
1-15
15
1-1
1
Filing cross appeal .............. .
Review, what may be .............. .
Second .......................... .
I-53(b)
l-53(e)
l-53(a)
53(a)
1-51
51
1-52
52
l-53(c)
54
1-54
54
I-16
16
1-33
33
l-33(5)
33(5)
1-33(2)
33(2)
51
1-33(6)
1-4
4
1-45
45
l-16
16
1-33(1)
(l)(a)
I-14
14
11-3
1-21
21
l-2(e)
2(e)
1-18
18
I-5
5
1-31
31
1-5
5
l-2(e)
16
1-16
11-2
1-66
66
5 l(d)(2)
14(5)
44(1)
1-50
50
l-2(g)
2(g)
ll(2)
l-2(c)(e)
Service, papers of supreme court .....
Short record ..................... .
CARO A
ROA
CARO A
ROA
CARO A
ROA
CARO A
ROA
CARO A
ROA
CAROA
ROA
CARO A
Statement of fact
See also Statement of Fact
CAROA
Criminal case, service, filing
State may appeal, when ............ . CARO A
Stay of proceedings
CR
In favor of state ................ .
CR
Supersedeas bond ............... .
ROA
Submission ...................... .
CARO A
Substantial right, order affecting ...... . CAROA
ROA
Superior court defined ............. .
CARO A
Supplementary records as part of the
record on appeal . . . . . . . . . . . . . . . . CAROA
Supreme court powers . . . . . . . . . . . . . .
ROA
Timely notice of appeal in civil cases
ROA
CAROA
Transcript, contents, style, preparation,
ROA
certification ................... .
CARO A
ROA
Violation of rules ................. .
CARO A
Want of prosecution, dismissal ..... . CAROA
ROA
When allowed .................... .
CARO A
Withdrawal
ROA
Effect on second appeal
CARO A
ROA
Voluntary ...................... .
CARO A
Writ
See also Various writs
Writ
Restitution . . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
To review determination of court of appeals . . . . . . . . . . . . . . . . . . . . . . . .
ROA
Number
2(c)(e)
1-18
18
l-33(3)
33(3)
1-17
17
1-20
20
1-3
3
1-34(3)
34(3)
14(8)
14(8)
62(e)
62(d)
1-6
6
14(6)(7)
l-2(b)
2(b)
44(1)
1-16
1-32
32
1-44(1)
44(1)
1-7
7
8
1-14
14
1-20
20
1-19
19
1-61
61
11-4
Appearance
Failure deemed submission
Mental proceedings
First court appearance ............. .
Preliminary appearance ............ .
On appeal ......................... .
Representative on death of party
ROA
CAROA
1-6
6
MPR
MPR
ROA
CARO A
ROA
CARO A
31
32
1-5
ROA
CARO A
ROA
CAROA
1-34(4),(5)
34(4),(5)
1-18
18
5
1-21
21
Appellant
Agreed statement of fact, appeal
Appealing party
Brief
See also Brief
Assignment of errors . . . . . . . . . . . . . . . CAROA
Constitutes grounds for dismissal on appeal if not served or filed . . . . . . . . CAROA
Contents . . . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
Failure to file . . . . . . . . . . . . . . . . . . . . .
ROA
CAROA
43
51
I-42(g)(I)
42(g)(l)
1-41(4)
41(3)
Index to Parts I-IV
Rule
ROA
CARO A
ROA
Filing, service .................... .
CARO A
ROA
Service before docket set ........... .
CARO A
ROA
Civil cause, timely notice of appeal .....
CARO A
ROA
Coparty, join in appeal .............. .
CARO A
To open and close the argument upon the
merits . . . . . . . . . . . . . . . . . . . . . . . . . CAROA
Defined .. . . . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
Designated as appealing part . . . . . . . . . .
ROA
CARO A
ROA
Failure to secure review . . . . . . . . . . . . . .
CARO A
Payment of cost on affirmance of judgment
ROA
CARO A
Short record, appeal . . . . . . . . . . . . . . . . . .
ROA
CARO A
Filed before docket set ............ .
Application
Court order, manner
Arbitration
Appeal, from orders relating to . . . . . . . .
CR
CAROA
Arbitration and Award
Affirmative defense, pleading
Number
1-11(2)
11(2)
1-41(1),(2)
41(1),(2)
I-I 1(2)(b)
I 1(2)(b)
1-32
32
I-33(2)
33(2)
49
I-2(c),(e)
2(c),(e)
1-18
18
1-32
32
1-31
31
1-34(4),(5)
34(4),(5)
7(b)(l)
14
CR
8(c)
Argument
Appeal, number of counsel heard, time limit ROA
CARO A
Plaintiff, adverse party, following instrucCR
tions to jury . . . . . . . . . . .. . . . . . . . . . .
1-49
49
Arraignment
Counsel
Procedure . . . . . . . . . . . . . . . . . . . . . . . . .
Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . .
Defendant's name requries . . . . . . . . . . . .
Indictment, reading . . . . . . . . . . . . . . . . . .
Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rule
fee
ROA
CARO A
Awarded
Inactive status See Discipline of Attorney
Juvenile's right to be represented by
Ju CR
JuCR
Legal interns
APR
Supervision of .................... .
APR
Member of bar from other jurisdiction ..
Mental illness and/or mental incompetency
See also Discipline of Attorney
DRA
status made inactive ............. .
CR
Nonresident party, service upon ...... .
Oath
APR
From ........................... .
APR
T~kin~ ..................... · .. · · · ·
APR
Time hffilt ....................... .
Of record
Service of papers ................. . CARO A
CR
Subpoena, issued by ............... .
CR
Pleading, signing .................... .
Professional responsibility See Professional
Responsibility
Prosecuting
CrR
Defined ...................... · · · ·
SPR
Generally ..................... · · · ·
CrR
Withdrawal prohibited, exception ....
Reinstatement See Discipline of Attorney
DRA
Respondent, cooperation with required
Service
CR
Upon ........................ · · ··
CR
Settlement, must notify court ......... .
APR
State bar membership required, exception
CR
Summons, subscription for plaintiff .....
Suspension See Discipline of Attorney
Witness
CPE
On behalf of client ................ .
Number
I-57(i)
57(i)
2.4
7.2
9(0)(1)
7
4.2,IO.I
5(b)(3)
5G
5F
5C
3
45(a)
II
1.4
94.04(b)
3.l(e)
3.2
5(b)(l)
4l(e)
7
4(a)
43(g)
Sl(g)
CrR
CrR
CrR
CrR
CrR
4.l(b)
4.l(c)
4.l(d)
4.l(e)
4.l(a)
Arrest
Appeal of order of refusal to vacate on civil
action . . . . . . . . . . . . . . . . . . . . . . . . . . . CAROA
Judgment
Grounds . . . . . . . . . . . . . . . . . . . . . . . . . .
CR
Satisfaction . . . . . . . . . . . . . . . . . . . . . . .
CR
14(2)
Averment
Claim, defense, paragraphs, contents
Defense
Admission, denial ................. .
Effect of failure to deny ........... .
Establishing trusts when amount uncertain
Fraud, mistake ..................... .
Negative, capacity to plead special matters
Simple, concise, direct ............... .
Time, place ........................ .
CR
lO(b)
CR
CR
CR
CR
CR
CR
CR
8(b)
8(d)
55(b)(2)
9(b)
9(a)
8(e)(l)
9(t)
AudJence
Pleadings ,admittance or denial
CR
8(c),(d)
101.04W
64
-8-Assumption of Risk
Affirmative defense, pleading
Attachment
Appeal
Allowed when . . . . . . . . . . . . . . . . . . . . .
Bond See Appeal
Judgment, satisfaction . . . . . . . . . . . . . . . .
Writ of, receipt by sheriff . . . . . . . . . . . . .
CR
CAROA
Attorney
Ability to practice, determination
Admission to practice See Admission to
CR
SPR
ORA
8(c)
14(4)
64
90.04W
JO.I
Practice
Compensation in estate, probate matters
Cooperation with local administrative committee .......................... .
Disbarment See Discipline of Attorney
Discipline rules See Discipline of Attorney
Professional Responsibility
Divorce action, approval of order ..... .
Examination for reinstatement ........ .
SPR
ORA
SPR
ORA
98.12W
2.6
94.04W(e)
8.7
Bailiff
Supreme court, appointment, duties
SAR
Board of Governors
See also Discipline of Attorney
Admission to bar for educational purposes
Appointments
Chairman of local administrative committee ........................... .
Local administrative committee ..... .
Trial committee .................. .
Determination of ability of attorney to
practice ........................ .
Employment of state bar counsel
Legal interns
License to practice law
revocation ..................... .
Prerogative of joinder of complaints ... .
Recommendation for admission to practice
Reinstatement hearing ............... .
19
APR
8
DRA
ORA
ORA
2.1
2.1
2.2
DRA
ORA
2.5
APR
ORA
APR
ORA
ORA
9(E)(2)
3.1
50
8.5
10.2
IO.I
llodex to Parts 1-IV--p 95)
Index to Parts I-IV
Rule
DRA
APR
Review of hearing .................. .
Special investigations ................ .
Bond
Entry upon journal by superior court clerk
For appeal See Appeal
Petition for writ .................... .
CR
ROA
CARO A
Supersedeas See Supersedeas Bond
Supreme court clerk, required ........ .
SAR
Brief
See also Appeal
Additional authorities
ROA
CARO A
Amicus curiae ...................... .
ROA
CARO A
Appellant, filed, served before cause is ready
for hearing . . . . . . . . . . . . . . . . . . . . . . . CAROA
Assignment of errors, appellant's brief . . CAROA
Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
Failure to file ...................... .
ROA
CARO A
Federal certificate procedure ......... .
ROA
ROA
Filing, service ...................... .
CARO A
ROA
Included in motion to dismiss appeal .. .
Instead of oral hearing .............. .
CR
Petition for writ
Filing ........................... .
ROA
Submission ...................... .
ROA
CARO A
ROA
Production ......................... .
CARO A
ROA
Reply ............................. .
CAROA
Required in support of any motion . . . . . CAROA
Respondent, filed before cause is ready for
hearing . . . . . . . . . . . . . . . . . . . . . . . . . . CAROA
Statement of fact included . . . . . . . . . . . .
ROA
CARO A
ROA
Style
CARO A
ROA
Writ
CAROA
Burden of Proof
Mental proceedings
Conditional release and revocation or
modification
Hearing . . . . . . . . . . . . . . . . . . . . . . . .
Pleading special matter does not shift . . .
MPR
CR
Number
5.4
6
78(1)
l-57(g)(2)
57(g)(2)
16(4)
l-42(h)
42(h)
1-41(5)
41(4)
11(2)
43
1-42
42
1-41(4)
41(3)
1--67
1-41(1),(2)
41(1),(2)
l-53(e)
77(1)
1-58(!)
l-57(g)(3)
57(g)(3)
1-42
42
1-41(1)
41(1)
53(e)
11(2)
l-40(b)
40(b)
1-42
42
1-57
57
4.5(a)
9(1)
-CCalendar
Court of appeals .................... .
Preference ......................... .
Supreme court ...................... .
CARO A
CrR
ROA
12
8.5
1-12
Rule
Consolidated, certification of statement of
ROA
fact ............................ .
CAROA
ROA
Set on calendar ..................... .
CAROA
Statement of fact
ROA
Certification, consolidation
CARO A
Steps, proceedings, deemed as part of
cause..........................
ROA
CARO A
Submitted, when . . . . . . . . . . . . . . . . . . . . . CAROA
CARO A
Certiorari
Writ of, petition procedure ........... .
ROA
1-57
CrR
CrR
CrR
CrR
CrR
6.4(a)
6.4(d)
6.4(c)
6.4(e)
6.4(b)
Challenge
Entire panel ........................ .
Exceptions ......................... .
For cause .......................... .
Preemptory ........................ .
Voir dire .......................... .
Chief Judge
CAR
Acting, duties ...................... .
Assignment
Of causes ........................ . CAROA
CAR
Of judges to panels ............... .
Case apportionment ................. .
CAR
Opinion filing time determination ..... .
CAR
CAR
Procedural matters .................. .
CAR
Selection, determination ............. .
CAROA
Time for argument may be extended
Chief Justice
Acting..............................
Allowance of cost for indigent criminal .
Assignment
Of causes . . . . . . . . . . . . . . . . . . . . . . . . .
Of judges for supreme court . . . . . . . . .
Authorization of supplemental appellant
brief in criminal cases . . . . . . . . . . . . .
Choice of . . . . . . . . . . . . . . . . . . . . . . . . . . .
Coordinator between departments . . . . . .
Determination of court opinions . . . . . . .
Disposition of exhibits, property . . . . . . .
Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Executive officer of court . . . . . . . . . . . . .
Extension of time
Filing statement of fact . . . . . . . . . . . . .
Service, filing brief . . . . . . . . . . . . . . . . .
Habeas corpus duties . . . . . . . . . . . . . . . . .
Order of court, hearing en bane . . . . . . . .
Sit, preside in both departments
9
11
8
7
14
6
8
49
SAR
ROA
9
1-47(1)
ROA
SAR
6
ROA
SAR
SAR
SAR
ROA
SAR
SAR
46(cX4)
8
8
14
1-66
8
8
ROA
ROA
ROA
SAR
SAR
1-34(2)
1-41(1)
1-56
7
6
JuCR
2.1
1-11
Child See Juvenile Court
City
Pleading existence
Cases See Various cases
Civil Action
Appeal
Bond See Appeal
Death of party, effect . . . . . . . . . . . . . . .
ROA
Notice, manner in which given . . . . . .
ROA
Cross appeal, notice, manner in which given ROA
Order affecting rights, arrest, appeal . . . . CAROA
(Index to Parts 1-IV--p 96)
1-34(3)
34(3)
6
41(4)
l--67
Canons of Professional Ethics
See Professional Ethics
40(a)(3)
1-11
11
1-39
39
ROA
Citation and notice to appear
Form of petition to take charge of child
CR
ROA
CAROA
1-39
39
1-12
12
Certificate Procedure
Certification from federal court
Canons of Judicial Ethics See Judicial Ethics
Cause
See also Various causes
Adjournment, remains on docket
Assignment . . . . . . . . . . . . . . . . . . . . . . . . .
Number
CR
9(h)
1-21
I-33
1-33
14(2),(6)
Index to Parts I-IV
Rule
Civil Case
Appeal See Appeal
Docket fee, waiver
Jury, number of
ROA
CARO A
CR
Civil Cause
Appeal
See also Appeal
Supreme court securing jurisdiction
Appellant, timely notice of appeal
ROA
ROA
Number
1-IO(a)(I)
lO(a)(l)
49(g)
I-32
1-32
Claim
Amount, certain .................... .
Consistency ........................ .
Creditors filing in receivership proceedings
Estate
Minor ........................... .
Settlement ....................... .
For relief .......................... .
Indigent criminal case appeal See Cost;
Criminal Case
Joinder of ......................... .
Multiple
Judgment on part ................. .
Stay of judgment ................. .
Pleading, separation of statements ..... .
Question of law, fact in common
Third party See Third Party
CR
CR
CR
SPR
SPR
CR
55(b)( I)
8(e)(2)
66(c)
98.16W(h-d)
98.0SW
S(a)
CR
IS(a)
CR
CR
CR
CR
54(b)
62(h)
lO(b)
24(b)(2)
CR
56(a)
CR
CR
CR
CR
CR
CR
CR
CR
CR
23(c)(I)
23(e)
19(d)
23(c)(3)
23(b)
23(c)(2)
23(d)
23(a)
23(c)(4)
Claimant
Motion for summary judgment
Oass Action
Determination by order whether maintained
Dismissal, compromise .............. .
Exception .......................... .
Judgment, directed to members of the class
Maintainable, when ................. .
Notice to members of class ........... .
Orders in conduct of actions ......... .
Prerequisites ....................... .
Subclasses ......................... .
Oerk
Court of appeals
Compliance with administrator
CAR
Defined . . . . . . . . . . . . . . . . . . . . . . . . . . CAROA
Duties, oath . . . . . . . . . . . . . . . . . . . . . . .
CAR
Forwards briefs to state Jaw library . . .
CAR
Remittance of final opinion . . . . . . . . .
CAR
Setting causes on docket . . . . . . . . . . . . CAROA
Taking papers from court room or office CAROA
Transfer of record . . . . . . . . . . . . . . . . .
CAR
Transmits opinions . . . . . . . . . . . . . . . . .
CAR
Issuance of subpoena for trial . . . . . . . . .
CR
Issue of law entered upon motion docket
CR
Involuntary dismissal of action, notice . .
CR
Law See Admmion to Practice
Notice of appeal, filing . . . . . . . . . . . . . . . CAROA
Notification to court of filing of statement of
fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
CR
Office hours ........................ .
Orders ............................ .
CR
Powers, duties ...................... .
CR
Preparation of transcript on appeal
ROA
CAROA
Superior court
Books, records kept . . . . . . . . . . . . . . . .
CR
Claim of cost for indigent criminal appeal ROA
CARO A
Deposition, receipt, publication . . . . . .
CR
Forwarding statement of fact
to court of appeals . . . . . . . . . . . . . . . CAROA
23
2(j)
16
24
15
II
13
24
24
45(a)(2)
40(a)(2)
4l(b)(2)
33(1)
1-40(a)
40(a)
78(b)
78(c)
7S(a)
1--44(1)
44(1)
79
1--47
47
78(d)
40(c)
to supreme court ................ .
Supreme court
Acting as attorney ................ .
Appointment ..................... .
Bond required .................... .
Books, records ................... .
Compensation .................... .
Delivery of brief .................. .
Deputies ......................... .
Duties ........................... .
Entering notice of appeal notification on
civil docket ................... .
Oath ............................ .
Office hours ...................... .
Powers, duties .................... .
Responsible for court of appeals clerks
Setting causes on docket ........... .
Taking papers from office, courtroom
Rule
ROA
Number
l-40(c)
SAR
SAR
SAR
SAR
SAR
ROA
SAR
SAR
16(3)
16(1)
16(4)
16(7)
16(1)
1--41(2)
16(2)
16(6)
ROA
SAR
SAR
SAR
CAR
ROA
ROA
1-33(5)
16(4)
16(5)
16
22
1-11(2)
1-13
Co01mitment
Mental proceedings
First court appearance ............. .
Hearing
Findings and conclusion ......... .
Procedure ...................... .
Verdict ........................ .
Jury demand
Procedure for demand ........... .
When available ................. .
Preliminary appearance ............ .
MPR
31
MPR
MPR
MPR
34(b)
MPR
MPR
MPR
33(b)
33(a)
32
CoOlmittee or Law Examiners
Admission to practice, duties
APR
5A,B
Compensation
fatate, probate matters
SPR
98.12W
Complainant
Discipline of attorney, duties
34(a)
34(c)
ORA
Complaint
Child, form of petition to take charge of
Derivative action by shareholder ...... .
Filing
By plaintiff ....................... .
Default .......................... .
Limitation ....................... .
Nonpayment ..................... .
Time ............................ .
Joinder ............................ .
Names of parties included in title of action
Pleading, answer .................... .
Service
Foreign country
manner ........................ .
proof .......................... .
With summons, filing .............. .
Third party ........................ .
2.7
Ju CR
CR
2.1
23.1
CR
CR
CR
CR
CR
ORA
CR
CR
CR
CR
CR
CR
3(a)
5(d)(2)
5(d)(3)
5(d)(4)
S(d)(I)
3. l(a)(l)
IO(a)(I)
7(a)
4(i)(I)
4(i)(2)
4(d)(l)
7(a)
Computation or time
Court of appeals .................... . CAROA
Superior court ...................... .
CR
Supreme court ...................... .
ROA
9
6(a)
l-9
Conclusions or Law
Default judgment ................... .
Signing, notice ..................... .
Unnecessary, when .................. .
CR
CR
CR
55(b)(2)
52(c)
52(a)(5)
Condition Precedent
Pleadings, how stated ................ .
CR
9(b)
Confession
Criminal Case See Criminal Case
Defendant information, court responsibility
CrR
3.S(b)
[Index to Parts 1-IV--p 97)
Index to Parts I-IV
Rule
Defendant's rights when statement ruled
admissable ...................... .
Judgment .......................... .
Record, court duty .................. .
Requirement, hearing time ........... .
Consideration
Pleading, failure of .................. .
Number
CrR
CR
CrR
CrR
3.5(d)
58(e)
3.5(c)
3.5(a)
CR
S(c)
Constitution
Right preserved for jury trial
CR
38(a)
CR
SAR
56(g)
12
CR
45(f)
CR
17(a)
Contempt
Affidavits filed in bad faith ........... .
Divulging results of appeal ........... .
Failure
To obey subpoena ................ .
Contract
Capacity of person to sue
Contributory Negligence
Affirmative defense, pleading
Coparty
Notice of appeal, how given
Corporation
Capacity to sue or be sued
Cost
Appeal
See also Appeal
Allowance ....................... .
CR
ROA
CARO A
CR
ROA
CARO A
Party entitled ..................... .
ROA
CARO A
Bill
Filing
ROA
exceptions
CARO A
CAR
indigent criminal appeal
ROA
CARO A
ROA
Form ........................... .
CARO A
ROA
Hearing on exceptions ............. .
CARO A
Waiver of objections .............. .
ROA
CARO A
CAR
Court of appeals .................... .
CAR
Criminal cases on appeal ............ .
Default of judgment ................. .
CR
DRA
Discipline of attorneys ............... .
CR
Entry by superior court clerk ......... .
ROA
Federal certificate procedure ......... .
ROA
Filing, petition for writ .............. .
Indigent criminal
Appeal
allowance ...................... .
CAR
ROA
CARO A
ROA
superior court clerk claim ........ .
CARO A
ROA
Authorized claims ................ .
CARO A
ROA
Conditions precedent to recovery ....
CAROA
CAR
Counsel, claim of cost
ROA
CARO A
ROA
Court reporter .................... .
CARO A
ROA
Disallowance ..................... .
!Index to Parts 1-IV--p 98)
S(c)
1-33(2)
33(2)
9
l-55(a)
55(a)
I-55(b)
55(b)
l-55(c)
55(c)
24
l--47(d)
47(d)
1--47(c)
47(c)
I-55(d)
55(d)
I-55(e)
55(e)
24
24
55(b)(4)
VII
78(e)
l-{i7
l-58(c)
24
1--47(1)
47(t)
1--47
47
l--47(a)
47(a)
I--47(b)
47(b)
24
1--47
47
1--47
47
l--47(e)
Preparing record, petition for writ ..... .
Security ........................... .
Statutory authority .................. .
Waiver ............................ .
Counsel
See also Attorney
Assignment, exception ............... .
Cost claim ......................... .
Criminal case, appeal, reports by counsel
Right
Availability of lawyer, exceptions
Mental proceedings ............... .
Proceedings ...................... .
Service other than .................. .
Use of statement of fact ............. .
Rule
CARO A
ROA
CR
CR
ROA
CARO A
CrR
CAR
ROA
CARO A
ROA
CARO A
54(d)
1-55(1)
55(f)
3. l(d)
24
1--47
47
I--46(d~})
46(d)(3)
CrR
MPR
CrR
CrR
ROA
CAROA
40(b)
CR
CR
CR
CR
CR
13(e)
13(d)
13(f)
12(a)
13(a)
CR
CR
CR
CR
CR
4l(c)
41(a)
13(c)
22(a)
13(b)
CR
CR
CR
CR
CR
CR
CR
55(d)
CR
CR
CR
CR
CR
S(a)
7(a)
12(b)
13(i)
5(c)
CR
CR
CR
CR
130)
13(b)
4(a)
42(b)
Counterclaim
See also Claim
Acquired after pleading .............. .
Against state ....................... .
Amendment, set up by .............. .
Answer, when presented ............. .
Compulsory, pleading ............... .
Dismissal of action
Involuntary ...................... .
Voluntary .................. · · · · · · ·
Exceeding opposing claim ............ .
Interpleader, defendant .............. .
Joinder of additional parties .......... .
Judgment
Default ............................
Summary ........................ .
Mature, supplemental pleading ....... .
Mu~tiJ?le, judgment on part ........... .
Orruss10n .......................... .
Permissive, pleading ................. .
Plaintiff may bring in third party ...... .
Pleading
Contents ......................... .
Reply ........................... .
Presentation by defense .............. .
Separate trial, judgment ............. .
Service upon numerous defendants .... .
Seto ff
Against assignee .................. .
Other rules ....................... .
Summons unnecessary ............... .
Trial, separate ...................... .
Court
Additions, approval of agreed statement of
facts ........................... .
Admonitions to jury ................. .
Commissioner ...................... .
Contempt
Acts designated ................... .
Failure to obey subpoena .......... .
Content of affidavit in bad faith ...... .
Discharging jury .................... .
En bane See Supreme Court
Entry of default .................... .
Examination of jurors ............... .
Failure of session not to affect proceeding
Federal, certificate procedure ......... .
Finding of fact when no jury ......... .
Hearing, order for new trial .......... .
Independent action ................. .
Instructions ....................... · ·
Number
47(c)
I-58(e)
7(d)
3.I(c)
2.1
3.l(a)
3.l(f)
l-40(b)
56(a)
13(e)
54(b)
13(f)
13(b)
14(b)
ROA
CR
CR
1-34(5)
47(b)
53.2
SAR
CAR
CR
CR
CR
12
12
45(f)
56(g)
49(c),(k)
CR
CR
CR
ROA
CR
CR
CR
ROA
55(c)
47(a)
6(c)
f-{i7
52(a)(I)
59(d)
(i()(c)
1-~9)
Index to Parts I-IV
Intervention ........................ .
Irregular proceedings ................ .
Joinder, not feasible, when ........... .
Juvenile See JuvenUe Court
Lacking jurisdiction, dismissal of action .
Order
In conduct of class action .......... .
Petition for writ, denial, quashing ..... .
Rule
CR
CR
CR
Number
24(b)(2)
59(a)
19(b)
CR
12(h)
CR
ROA
CARO A
23(d)
Pleading
May allow amendment to conform to eviCR
. dence ........................ .
CR
May have certain matter stricken ... .
Proceedings
CR
When jury has agreed ............. .
CR
Recess during deliberation ........... .
CR
Receiving verdict ................... .
Reporter
Claim of cost for indigent criminal appeal ROA
CARO A
Superior court, electronic recording ..
CR
Speedy trial, responsibility ........... .
CrR
Stipulations ........................ .
CR
CR
Substitution of parties, order ......... .
CR
Supplemental pleading ............... .
Time
Computa,tion ..................... .
CR
Enlargement or extension .......... .
CR
Trial
Granting new trial, statement of reasons
CR
Issues, how tried .................. .
CR
CR
Rule ............................ .
Vacancy in office not to affect proceedings
CR
Verdict, special ..................... .
CR
Court of Appeals
Acting chief judge .................. .
CAR
CAR
Adjournments ...................... .
Administrator, fiscal services, bugetary planCAR
ning, statistics, bond ............. .
Affirmation of order, judgment ....... . CAROA
Authority .......................... .
CAR
Award of damages, when ............ . CARO A
CAR
Bailiff ............................. .
Briefs, forwarding to state law library .. .
CAR
Business apportionment ............. .
CAR
CAR
Causes, transfer ..................... .
Chief judge
CAR
Acting, duties .................... .
Allowance of cost for indigent criminal CARO A
CAR
Assignment of judges to panels ..... .
CAR
Business apportionment ........... .
Extension of time for service and filing of
briefs . . . . . . . . . . . . . . . . . . . . . . . . . . CAROA
Extension of time limit for filing state·
ments of facts . . . . . . . . . . . . . . . . . . CAROA
May grant authority to tile brief amicus
curiae . . . . . . . . . . . . . . . . . . . . . . . . . CAROA
Opinion filing time determination . . . .
CAR
Precedural matters . . . . . . . . . . . . . . . . .
CAR
Selection, determination . . . . . . . . . . . .
CAR
Supplemental appellant's brief, may authorize filing . . . . . . . . . . . . . . . . . . . CAROA
Clerk
CAR
Compliance with administrator ..... .
Defined ......................... . CARO A
Disposition of material exhibits ..... . CAROA
CAR
Duties oath ...................... .
CAR
Forwards brief to state law library .. .
Forwards disposition of criminal cases to
State Patrol ................... .
CAR
CAR
Permittance of final opinion ........ .
CAR
Transfer of records ................ .
Transmits opinions ................ .
CAR
Contempt .......................... .
CAR
Costs
I-57(h)
57(h)
15(b)
12(1)
49(e)
49(d)
49(k)
1-47
47
SO(b)
3.3(a)
2A
25(a)(l)
13(e)
6(a)
6(b)
59(1)
39(-)
39(b)
6(c)
49(a)
9
5
23
16
6
62
19
24
7
21
9
47(1)
8
7
41(1)
34(2)
41(4)
14
6
8
46(c)(4)
23
2(j)
66
16
24
25
15
24
24
II
Rule
Award of, discretionary . . . . . . . . . . . . . CAROA
Determination, indigent . . . . . . . . . . . .
CAR
When allowed . . . . . . . . . . . . . . . . . . . . . CAROA
Criminal case disposition, report to State
Patrol . . . . . . . . . . . . . . . . . . . . . . . . . . .
CAR
Decisions
See also Opinions
Writing, filing .................... . CARO A
CAR
Decrees final ....................... .
CAR
Divisions .......................... .
Docket
Fee .............................. CAROA
Executions, like force and effect as those
from superior court . . . . . . . . . . . . . . . CAROA
Failure of appellant to secure review, dismissal of the appeal . . . . . . . . . . . . . . . CAROA
Hearing of causes on merits . . . . . . . . . . . CAROA
Judges
CAR
Assignment to panels .............. .
Chief See Chief judge
CAR
Number required for disposition .... .
CAR
Selection of chief judge ............ .
CAR
Senior to act when ................ .
CAR
Transfer when .................... .
Judgment
See also Opinion
Affirmed, entered against appellant, sureties ........................... CAROA
Effect of . . . . . . . . . . . . . . . . . . . . . . . . . . CAROA
Final.............................
CAR
Reversed, defendant discharged, when CAROA
Jurisdiction
Acquired, filing of proper notice of appeaCAROA
Criminal cause, notice of appeal . . . . . CAROA
How acquired . . . . . . . . . . . . . . . . . . . . . CAROA
Law clerks .. : . . . . . . . . . . . . . . . . . . . . . . .
CAR
Law librarian . . . . . . . . . . . . . . . . . . . . . . .
CAR
Memorial exercises . . . . . . . . . . . . . . . . . . .
CAR
Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CAR
Modification of order, judgment . . . . . . . CAROA
Motion for new trial, ruling . . . . . . . . . . . CAROA
Motion to dismiss, hearing and disposition CAROA
Opinion
CAR
Filing, signing .................... .
Final, when suspended ............ .
CAR
CAR
Form, transmittal ................. .
Order dismissing appeal, jurisdiction, effect
on .............................. CAROA
Order, effect of . . . . . . . . . . . . . . . . . . . . . . CAROA
Original jurisdiction in habeas corpus
proceedings ...................... . CAROA
Personnel .......................... .
CAR
Powers on appeal ................... . CARO A
Procedure .......................... .
CAR
Process, sty le ....................... .
CAR
Record transfer ..................... .
CAR
Report on criminal cases ............. .
CAR
Reporter ........................... .
CAR
Reversal
Of judgment or order appealed from, effect of . . . . . . . . . . . . . . . . . . . . . . . . . CAROA
Order, judgment . . . . . . . . . . . . . . . . . . . CAROA
Review, what may be ................. CAROA
Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CAR
Secretaries . . . . . . . . . . . . . . . . . . . . . . . . . .
CAR
Service of papers . . . . . . . . . . . . . . . . . . . . CAROA
Sessions .......................... : .
CAR
Statement of fact, certification, mandate requiring . . . . . . . . . . . . . . . . . . . . . . . . . . CAROA
Superior court, control of, enforcement by
mandate . . . . . . . . . . . . . . . . . . . . . . . . . CAROA
Transcript of order or judgment, effect of CAROA
Voluntary withdrawal of appeal, discretion
of court . . . . . . . . . . . . . . . . . . . . . . . . . CAROA
Writ of jurisdiction . . . . . . . . . . . . . . . . . . . CAROA
Number
55(b)(I)
24
55
25
16
3
4
IO(a)
60
32
63
8
6
8
10
21
31
60
3
48
32
46(b)
15
16
18
20
lJ
16
16
52
14
15
24
19
60
56
16
16
24
2
24
25
17
61
16
17
1
16
3
4
37
15
59
19
61
!Index to Parts 1-IV--p IJIJI
Index to Parts I-IV
Rule
Creditor
Judgment, examination of persons
Receivership. notice ................. .
Criminal Case
Appeal
Action .......................... .
Allowed, when
................... .
Appellant's opening brief .......... .
Civil rules applicability ............ .
Co-party, cross appeal notice ....... .
Cost
denial
CR
CR
ROA
CARO A
ROA
CARO A
ROA
CARO A
ROA
CARO A
ROA
CARO A
ROA
CARO A
ROA
CARO A
ROA
Dismissal for want of prosecution ....
CARO A
Facts, statement .................. .
ROA
CARO A
Indigent cases, reproducting of briefs
ROA
CARO A
Notice
contents
ROA
CARO A
filing .......................... .
ROA
CARO A
responsibility after .............. .
ROA
CARO A
service ........................ .
ROA
CARO A
Perfecting, jurisdiction ............. .
ROA
determination .................. .
Procedure to perfect ............... .
Reply brief ....................... .
Reports by counsel ................ .
Respondent's answering brief ....... .
Reversal of judgment .............. .
Statement of facts, transcript ....... .
Superior court procedures .......... .
Supplemental appellant's brief ...... .
Supplemental brief ................ .
Time extension ................... .
Docket fee, waiver
Indigent, appeal
Cost
allowance ...................... .
CARO A
ROA
CARO A
ROA
CARO A
ROA
CARO A
ROA
CARO A
ROA
CARO A
ROA
CAROA
ROA
CARO A
ROA
CAROA
ROA
CARO A
ROA
CARO A
ROA
CARO A
ROA
CARO A
ROA
authorized claims ............... .
CARO A
bill, form ...................... .
ROA
CARO A
conditions precedent to recovery ...
ROA
CARO A
disallowance ................... .
ROA
CARO A
filing bill ......... .
ROA
r1nctex to Parts 1-JV--p 1001
Number
69(b)
66(c)
l-46(e)(I)
46(e)(I)
I-14(1)(b)
14(8)
I-46(e)(3)
46(e)(3)
I-46(h)
46(h)
I-46(c)
46(c)
l-46(d)
(2)(ii)
46(d)(2)(ii)
I-46(d)(2)(i)
46(d)(2)(i)
I-46(g)
46(g)
I-46(e)(2)
46(e)(2)
l-46(f)
46(f)
I-46(b)(2)
46(b)(2)
I-46(b )(4 )(I)
46(b)(4)(1)
I-46(d)
46(d)
I-46(b)(3)
46(b)(3)
I-46(d)
(2)(iii)
46( d)(2)(iii)
l-46(e)
46(e)
I-46(e)(6)
46(e)(6)
I-46(d)(3)
46(d)(3)
I-46(e)(5)
46(e)(5)
1--48
48
I-46(e)(7)
46(e)(7)
I-46(a)
46(a)
I-46(d)(4)
46(d)(4)
I-46(e)(4)
46(e)(4)
I-46(e)(8)
46(e)(8)
I-IO(a)(2)
IO(a)(2)
Rule
CARO A
ROA
Counsel, claim of cost ............. .
CAROA
ROA
Court reporter, claim of cost ....... .
CAROA
Superior court clerk, claim of cost ....
ROA
CAROA
Judgment reversal, effect ............. . CARO A
Juvenile court, decline of jurisdiction .. .
JrCR
Number
47(d)
1-47
47
1-47
47
1-47
47
48
6.1 et
seq.
Report on disposition
In Court of Appeals ............... .
In Superior Co11rt ................. .
Supreme Court ................... .
CAR
AR
SAR
25
l
22
Criminal Cause
Brief .............................. .
ROA
1-41(3)
ROA
CARO A
ROA
CAROA
ROA
CARO A
ROA
1-33
33
1-33(5)
33(5)
1-33(3)
33(3)
1-16
Cross Appeal
Notice of
Civil action
Contents, notification .............. .
Filing ........................... .
Unnecessary, when .................. .
Cross Claim
See also Claim
Against coparty, pleading ............ .
Answer, when presented ............. .
Defendants, numerous ............... .
Defense, presentation ................ .
Dismissal of action, involuntary ....... .
Interpleader, defendant .............. .
Joinder of additional parties .......... .
Judgment, summary ...........•......
Multiple, j11dgment on part ........... .
Pleading
Answer .......................... .
Contents ......................... .
Seperate trial, judgment .............. .
Setoff
Against assignee .................. .
Other rules ....................... .
Summons 11nneccesary ............... .
Trial, separate ...................... .
13(g)
CR
CR
CR
CR
CR
CR
CR
CR
CR
12(a)
5(c)
12(b)
41(c)
22(a)
IJ(h)
56(a)
54(b)
CR
CR
CR
8(a)
IJ(i)
CR
CR
CR
CR
IJ(j)
13(k)
4(a)
42(b)
Cross Claimant
Judgment by default
CR
55(d)
Cross Examination
Deponent allowed when ............. .
Trial, scope ........................ .
CR
CR
27(a)(2)
43(b)
Custody
Mental proceedings
Authorization .................... .
CR
2.2
7(a)
-D-Damages
I-47(f)
47(f)
I-47(a)
47(a)
I-47(c)
47(c)
I-47(b)
47(b)
l-47(e)
47(e)
l-47(d)
Awarded when
Motion for appeal
Death
Substitution of parties
Debtor
Garnishment, service upon ........... .
Judgment, examination by creditor .... .
ROA
CAROA
ROA
CAROA
1-62
61
1-51
61
CR
25(a)
SPR
CR
69(b)
91.04W
Index to Parts I-IV
Rufe
Decision
Certification procedure, finality
Court, en bane ..................... .
Final .......................... · .. ·.
Finality ........................... .
Hearing, en bane ................... .
List of pending decisions ............. .
Reversal, effect ..................... .
Supreme court
Preparation for publication ......... .
Writing, filing ................... ..
Time limit ......................... .
SAR
ROA
CR
CAR
SPR
CR
ROA
CARO A
ROA
Final, notice of appeal ............... .
CARO A
SAR
Supreme court, final
I-67
15
15
15
15
79(1)
I-61
61
17(2-6)
1-16
52(e)
3
94.04(d)
78(e)
1-32
32
1-33(1)
33(1)
3
Default
CR
CR
CR
CR
55(a)
55(b)
55(b)
55(c)
CrR
CR
3.4(b)
4(d)(4)
CrR
CR
CR
CR
101.20W
17(-)
4l(b)(3)
22(a)
CR
CR
CR
CR
CR
20(a)
19(a)
20(d)
IO(a)(2)
5(c)
Defendant
Absence, voluntary, effect ............ .
Appearance ........................ .
Criminal case
Appeal, filing notice of ............ .
Designated ......................... .
Dismissal of action .................. .
Interpleader ........................ .
Joinder
Permissive ....................... .
Person needed for just adjudication ..
Joint .............................. .
Name unknown in pleading caption ... .
Numerous, service upon ............. .
Present
Failure, arrest .................... .
Neccessary when ................. .
Summary judgment, motion .......... .
Summons
Service upon ..................... .
Written acceptance ................ .
Third party
Defenses ......................... .
When he may summon ............ .
CrR
CrR
CR
3.4(c)
3.4(a)
56(b)
CR
CR
3(a)
4(g)(4)
CR
CR
J4(a)
14(a)
Defense
Affirmative, pleading ................ .
Consolidation in motion ............. .
Denial, pleading, form ............... .
Motion, those made by listed ......... .
Pleading
Affirmative ....................... .
Denials .......................... .
Responsive, to be asserted ......... .
When presented .................. .
Preliminary hearing ................. .
Question of law, fact in common ...... .
Waiver ............................ .
Number
Denial
ROA
SAR
SAR
CAR
SAR
CR
ROA
CAROA
Decree
Court of appeals .................... .
Divorce, entry ...................... .
Entry by superior court clerk ......... .
Failure to secure review ......... , ... .
Entry
Motion, pleading after, notice
Of judgment ..................... .
Judgment, entry .................... .
Setting aside ....................... .
Rufe
Number
CR
CR
CR
CR
8(c)
12(g)
8(b)
12(b)
CR
CR
CR
CR
CR
CR
CR
8(c)
8(b)
12(b)
12(a)
12(d)
24(b)(2)
12(h)
Demurrer
Abolished . . . . . . . . . . . . . . . . . . . . . . .. . . .
CR
Sustaining . . . . . . .. . .. . .. . . . . . . .. . . .. CAROA
7(c)
14(8)
CR
CR
9(c)
8
CR
Conditions precedent ................ .
Pleading ........................... .
67
Dependent or delinquent See Juvenile Court
Deposit
Money in court ..................... .
Deposidon
Admissability, objections ............ .
Authorization, subpoena ............. .
Disqualification
Interest .......................... .
Effect of taking, using ............... .
Examination
Place ............................ .
Facts not appearing on record ........ .
Foreign, local action ................ .
Hearing for discipline of attorney ..... .
Local, foreign action ................ .
Not allowed in jury room ............ .
Oral examination ................... .
Perpetuation of testimony
Admissible in evidence ............ .
Appeal on judgment .............. .
Prevention of failure, delay of justice .
Persons before whom may be taken ....
Subpoena
Authority, place of examination, foreign,
local ......................... .
Issuance ......................... .
Superior court clerk, receipt, publication
Taken
How ............................ .
When ........................... .
Taking
Disqualification for interest ........ .
Foreign country .................. .
Notice ........................... .
Use ............................. .
Within state ...................... .
Within United States .............. .
Testimony
Perpetuation ..................... .
Use ............................... .
Written questions ................... .
CrR
CR
4.6(e)
45(d)(l)
CR
CR
28(c)
32(c)
CR
CR
CR
45(d)(2)
43(e)(l)
45(d)(4)
3.2(i)
45(d)(4)
5l(h)
ORA
CR
CR
CR
30
CR
CR
CR
CR
27(a)(4)
27(b)
27(a)(3)
28
CR
CR
CR
45(d)
45(a)(3)
78(d)
CrR
CrR
4.6(c)
4.6(a)
CR
CR
CrR
CrR
CR
CR
28(c)
28(b)
4.6(b)
4.6(d)
CR
CR
CR
28(-)
28(a)
27(a)(I)
32(a)
31
Detention
Mental proceedings
Authorization . . . . . . . . . . . . . . . . . . . . .
Probable cause hearing
Notice..........................
Procedure . . . . . . . . . . . . . . . . . . . . . . .
MPR
2.2
MPR
MPR
2.4(a)
2.4(b)
Determination
Of appeal See Appeal
Reviewed, when . . . . . . . . . . . . . . . . . . . . .
ROA
CAROA
I-17
17
CR
8(c)
Discharge in Bankruptcy
Affirmative defense, pleading
Discipline of Attorney
Association defined ................. .
Authority .......................... .
Board defined ...................... .
Board of governors
Inactive status
reinstatement ................... .
transfer ........................ .
Local administrative committees to appoint ......................... .
Reinstatement petition
DRA
DRA
DRA
11.l(c)
2.l(d)
11.l(d)
DRA
DRA
10.2
10.1
DRA
2.1
(Index to Parts 1-IV---p 1011
Index to Parts I-IV
action on ...................... .
filed with ...................... .
hearing ........................ .
investigation ................... .
Trial committees, to appoint ........ .
Compensation of committees ......... .
Complainant, duty .................. .
Convicted of felony
Reinstatement
answer to petition ............... .
costs .......................... .
hearing ........................ .
petition, notice to answer ........ .
petition, notice to answer, service ..
service of answers to petition ..... .
suspension by court ............. .
Suspension
automatic, exception ............ .
duration ....................... .
hearing notice .................. .
investigation ................... .
petition, Supreme Court decision .. .
reinstatement petition ........... .
requirements, procedure ......... .
Cost, expense
Additional, verified statement ...... .
Paid before attorney reinstated ..... .
Disciplinary board
Action .......................... .
Censure, reprimand
acceptance, record retained ...... .
acceptance, refusal .............. .
censure, letter .................. .
chairman not disqualified ........ .
information to complainant ...... .
information to local administrative
committee .................. .
information to panel members .... .
record to supreme court ......... .
reprimand, giving ............... .
Chairman ........................ .
Composition ..................... .
Continuity ....................... .
Conviction of felony
reinstatement after .............. .
suspension ..................... .
Costs and expenses taxable ......... .
Decisions ........................ .
Depositions ...................... .
Discovery, admissions, inspection of documents ....................... .
Dissent .......................... .
Expenses of ...................... .
Formal complaint upon determination to
hold hearing .................. .
Former member, representation of respondent by ................... .
Hearing panels, duties concerning ... .
Lay members
duties ......................... .
expiration ...................... .
generally ...................... .
term of office ................... .
Local administrative committees to report
to ............................ .
Meetings ........................ .
Membership qualifications ......... .
Mental i.\lness defense ............. .
Powers and duties, general ......... .
Quorum ......................... .
Reports ......................... .
Report to of respondent attorney's failure
to cooperate .................. .
Review proceedings ............... .
Service at pleasure of Board of Governors
Stipulations ...................... .
!Index to Parts 1-IV--p 102)
Rule
ORA
DRA
ORA
ORA
ORA
DRA
ORA
Number
8.6
8.1
8.5
8.4
2.2
I l.4(a)
2.7
DRA
ORA
ORA
ORA
DRA
ORA
ORA
9.2(d)
9.2(g)
9.2(1)
9.2(b)
9.2(c)
9.2(e)
9.2(a)
ORA
DRA
DRA
ORA
ORA
ORA
ORA
9.l(a)
9.l(b)
9.l(e)
9.l(d)
9.l(g)
9.l(c)
9.l(t)
ORA
ORA
7.l(b)
7.3
ORA
5.6
ORA
ORA
ORA
DRA
ORA
5.6(d)
5.6(e)
5.6(1)
5.6(i)
5.6(k)
ORA
ORA
DRA
ORA
ORA
ORA
ORA
5.6Q)
5.6(1)
5.6(h)
5.6(g)
2.4(d)
2.4(a)
2.4(c)
DRA
ORA
ORA
ORA
DRA
9.2
9.1
7.1
5.6(a)
3.2(i)
DRA
ORA
ORA
3.2Q)
5.6(c)
11.4
ORA
3.l(a)
ORA
DRA
11.5
2.3(a)
DRA
DRA
DRA
ORA
2.4(g)(3)
2.4(g)(4)
2.4(g)(I)
2.4(g)(2)
ORA
DRA
DRA
ORA
DRA
DRA
DRA
2.1
2.4(f)
2.4(a)
4.1
2.4(f)
2.4(a)
2.4(f)
DRA
DRA
DRA
DRA
2.6
3.2(k)
11.7
5.4,3.3
Subpoena power .................. .
Suspension, disbarment, transcript required ........................ .
Tenn of office .................... .
Transcript of the record ........... .
Vacancies ........................ .
Disciplinary files .................... .
District defined ..................... .
Fees, expenses ...................... .
Filing ......................... · ·. · ·
Formal complaint See Pleadings
General provisions .................. .
Grounds
Appearing without authority as counsel
Conduct demonstrating unfitness to practice .......................... .
Corruptly appearing ............... .
Disbarment ...................... .
Dishonesty ....................... .
Disregard of subpoena, notice ...... .
Enumerated ...................... .
Gross incompetency ............... .
Lending name to unauthorized attorney
Misrepresenting, concealing fact in application for admission, reinstatement
Moral turpitude .................. .
Practicing, cooperating with disbarred,
suspended attorney ............ .
Subversive party membership ....... .
Suspension ....................... .
Violation
canons of ethics ................ .
code of professional responsibility ..
oath or duties .................. .
rule 2.6 DRA .................. .
Wilful disobedience, violation of court order .......................... .
Guardian ad !item or counsel, fee ..... .
Hearing
Abeyance, when .................. .
Ability to practice
determination .................. .
procedure ...................... .
Additional ....................... .
Admissions ...................... .
Cooperation of respondent attorney ..
Cost, expense See Cost, Expense
Date ............................ .
Default .......................... .
Depositions ...................... .
Discovery ........................ .
Disqualification of panel members .. .
Documents, inspection ............ .
Findings, conclusions, recommendations
Joinder of complaints ............. .
Mental capacity determination ...... .
Postponement .................... .
Procedure ........................ .
Proceeding after See Proceedings after
hearing
Public excluded ................... .
Reinstatement .................... .
Representation ................... .
Review, disciplinary board ......... .
Subpoena of witness .............. .
Supreme court .................... .
Testimony ....................... .
Where held ...................... .
Witness oath ..................... .
Hearing panel
Ability of attorney to practice, hearing
procedure ..................... .
Appointment ..................... .
Chairman
appointment ................... .
fixes date of hearing ............. .
Rule
DRA
Number
3.2(h)
DRA
ORA
ORA
ORA
ORA
ORA
DRA
DRA
5.6(b)
2.4(b)
2.4(e)
I I.6(a)
11.I(b)
11.4
1\.1
ORA
XI
DRA
l.I(d)
DRA
ORA
ORA
DRA
DRA
ORA
ORA
ORA
l.l(m)
l.l(d)
l.l(g)
1.l(a)
1.1(1)
I
I.I (i)
l.l(e)
DRA
ORA
I.l(f)
1.l(a)
ORA
DRA
ORA
l.l(h)
I.I(k)
I.l(g)
ORA
DRA
DRA
DRA
I.IQ)
I.IQ)
l.l(c)
1.1(1)
ORA
ORA
1.I(b)
I 1.4(b)
DRA
4.2(c)
ORA
DRA
ORA
DRA
DRA
10.l(b)
10. I(c)
5.3
3.2tj)
3.2(1)
DRA
ORA
ORA
DRA
ORA
ORA
DRA
DRA
DRA
DRA
DRA
3.2(b)
3.2(1)
3.2(i)
3.2Q)
3.2(e)
3.2tj)
3.2(1)
3.l(iv)
4.2
3.2(c)
3.2(h)
DRA
DRA
ORA
ORA
DRA
DRA
DRA
DRA
DRA
5.5
3.2(g)
VIII
3.2(d)
v
3.2(h)
VI
3.2(h)
3.l(a}
3.2(h)
DRA
DRA
10.l(c)
2.3(a)
DRA
DRA
2.3(d)
3.2(b)
Index to Parts I-IV
ORA
ORA
Number
3.2(e)
2.3(b)
ORA
ORA
2.3(b)
2.3(a)
ORA
ORA
3.1
3.1
ORA
ORA
ORA
ORA
ORA
ORA
10. l(a)
10. l(b)
10. l(d)
4.2
10.3
3.l(a)
ORA
I.I
ORA
ORA
ORA
ORA
ORA
ORA
2.l(a)
2.l(b)
I 1.4(a)
2.6(a)
2.l(c)
2.1
ORA
ORA
ORA
ORA
ORA
ORA
2.1
2.1
2.1
2.1
2.1
2.1
ORA
4.1
ORA
ORA
ORA
ORA
ORA
4.2(c)
4.2(a)
4.2(1)
4.l(a)
4.2(d)
ORA
ORA
JO.I
10.l(d)
ORA
ORA
ORA
11.l(e)
11.2
6.6
ORA
ORA
ORA
ORA
ORA
ORA
ORA
ORA
ORA
ORA
ORA
3. l(a)(5)
3. l(a)(3)
3. l(a)(I)
3. l(a)(7)
3. l(a)(6)
3.l(a)(2)
3.l(b)
3. l(b)(4)
3. l(b)(I)
3.l(a)
3.l(b)
ORA
ORA
DRA
ORA
ORA
5.3
5.1
5.2
11.6
6.6
ORA
ORA
ORA
DRA
ORA
ORA
ORA
ORA
10.2(b)(4)
7.1
10.2(b)(5)
10.2
10.2(b)(3)
10.2(b)(2)
8.4
8.5(a)
Rule
Disqualification ................... .
Duties ........................... .
Filing findings, conclusions, recommendations ......................... .
Location, change ................. .
Pleadings
formal complaint ............... .
permissible ..................... .
Inactive status
Automatic transfer ................ .
Discretionary action ............... .
Effective date, review ............ , ..
Mental illness .................... .
Transfer by court ................. .
Joinder of complaints ............... .
Judgment, sentence deemed conclusive evidence of guilt ........... , ....... .
Local administrative committee
Appointment ..................... .
Chairman appointed ...... , ....... .
Compensation .................... .
Cooperation with ................. .
Duties ...................... , .... .
Perpetuation of testimony .... , ..... .
Report
becomes records of association ... .
confidential .............. , ..... .
settlement, compromise, restitution .
time, form ..................... .
trivial matters .................. .
Term of Office .............. , ..... .
Mental illness as defense
Guardian appointment ...... , ..... .
Hearing
in abeyance .................... .
to determine ................... .
Made inactive bar member ......... .
Notice to guardian ................ .
Submission of record to supreme court
Mental incompetence
Inactive
bar member .................... .
status, effective date, review ...... .
Reinstatement See Reinstatement
Panel defined ....................... .
Papers typewritten, printed ........... .
Petition for rehearing ...... , ......... .
Pleadings
Formal complaint
amendments ................... .
answer form, contents ........... .
contents ....................... .
extension of time to answer ...... .
limit on time to answer , ......... .
notice to answer ................ .
service .................. , ..... .
Mailing .......................... .
Notice to answer, service , ... , ..... .
Permissible ....................... .
Service .......................... .
Proceedings after hearing
Additional hearing ................ .
Notices ................ , ......... .
Statement of support or opposition .. .
Records confidential ................ .
Rehearing petition .................. .
Reinstatement
After hearing ..................... .
Cost, expense to be paid . , ......... .
Denial, review .................... .
Generally ........................ .
Hearing by board ... , ............. .
Investigation ..................... .
Notice of hearing
Petition
ORA
ORA
ORA
ORA
ORA
ORA
Number
8.2
10.2
8.1
I0.2(b)
8.5
85(b)
ORA
ORA
11.5
11. I
ORA
ORA
2.5
3.2(d)
ORA
ORA
9.2(e)
6.5
ORA
ORA
2.2
11.4
ORA
2.2(b)
Rule
filing .......................... .
~ener~ll~ ...................... .
time hm1t ...................... .
verified ........................ .
Procedure, requirements ........... .
Statement for, against ............. .
Representation of respondent by former bar
president, member of board ....... .
Residence defined ................... .
State bar counsel
Functions ........................ .
Represents association ............. .
Supreme court
Attorney convicted of felony, granting,
denial of petition .............. .
Hearing ......................... .
Suspension for conviction of felony
See Convicted of felony
Trial committee
Appointment ..................... .
Compensation .................... .
Hearing panel See Hearing panel
Term of office .................... .
Discovery
Defendant's obligations .............. .
Disclosure, additional upon request, specification .......................... .
Directionary disclosure .............. .
Failure to make, sanctions ........... .
Material held by others .............. .
Matters not subject to disclosure ...... .
Medical, scientific reports ............ .
Methods ........................... .
Procedure, stipulations .............. .
Prosecutor's obl,igalions .............. .
Protective orders .................... .
Regulations ........................ .
Response supplementation ........... .
Scope ............................. .
Sequence, timing .................... .
CrR
4.7(b)
CrR
CrR
CR
CrR
CrR
CrR
CR
CR
CrR
CR
CrR
CR
CR
CR
4.7(c)
4.7(e)
37
4.7(d)
4.7(1)
4.7(a)
26(a)
29
4.7(a)
26(c)
4.7(b)
26(e)
26(b)
26(d)
Discharge
When ............................. .
CrR
8.8
Dismissal
Action, voluntary ................... .
Counterclaim, cross claim, third party claim
Involuntary effect ................... .
On motion of court ................. .
On motion of prosecution ............ .
Receivership, court order required , ... .
CR
CR
CR
CrR
CrR
CR
4l(a)
4l(c)
4l(b)
8.3(b)
8.3(d)
66(b)
ORA
5.6(c)
Di~nt
Discipline of attorney, board member
Divorce
Approval of order by attorney of record
Decree, entry ....................... .
Default
Filing fee ........................ .
Order of service .................. .
Findings, conclusions ................ .
Order of default, service ............. .
Subpoena of witness ................ .
SPR
SPR
94.04W(e)
94.04W(d)
SPR
SPR
CR
SPR
SPR
94.04W(c)
94.04W(a)
52(a)(l)
94.04W(a)
94.04W(b)
Docket
Adjournment .......... , ............ .
CR
Court of appeals
Causes set ....................... . CARO A
Fee ............................. . CAROA
Fee
Court of appeals .................. . CARO A
Supreme court .................... .
ROA
Jury trial, designated ................ .
CR
Supreme court
40(a)(3)
11(2)
10
10
I-10
39(a)
(Index to Parts 1-IV----p 1031
Index to Parts I-IV
Rule
ROA
CARO A
ROA
CARO A
Causes se:
Fee
Documents
Discipline of attorney, inspection
Genuineness
Admission, effect ................. .
Refusal to admit, expenses ......... .
Request for admission ............. .
Order of filing, service ............... .
Domestic Relations
Findings, conclusions, required
Number
I-11(2)
11(2)
1-10
10
DRA
3.2(j)
CR
CR
CR
ROA
CARO A
36(b)
37(c)
36(a)
1--4
4
CR
52(a)( I)
CR
Exception
Cost bill
-EErrors
Consideration
Cross appeal, when unnecessary
Part of statment of fact .............. .
...... .
Presenting without cross appeal ....... .
Set out in full in brief ............... .
Estate
Administrator
Compensation .................... .
Attorney, compensation ............. .
Claim
Minor ........................... .
Settlement ....................... .
Executor
Compensation .................... .
Guardian
Ad !item, appointed for minor ...... .
Compensation .................... .
Minor
Expenditures allowed .............. .
Fund, deposit .................... .
Guardian ad !item, appointment .... .
Receiver
Compensation .................... .
Report, filing, hearing ............. .
Estoppel
Affirmative defense, pleading
CR
CR
CR
43(h)
43(a)(2)
43(a)(l)
CR
47(a)
CR
CR
CR
CR
35(b)(I)
35(a)
35(b)(2)
43(a)(2)
CR
CR
CR
CR
CR
Examination
Jurors .......................... · ·. ·
Mental
Findings, copy upon request ........ .
Order to submit .................. .
Waiver of privilege by examining party
Multiple, testimony ................. .
Physical
Findings, copy upon request ........ .
Order to submit .................. .
Waiver of privilege by examining party
Place .............................. .
Trial, scope ........................ .
Number
35(b)(I)
35(a)
35(b)(2)
45(d)(2)
43(b)
8(c)
Duress
Affirmative defense, pleading
Rwe
Testimony
At later trial, report, proof ......... .
Multiple examinations ............. .
Oral, in open court ................ .
ROA
CARO A
ROA
CARO A
ROA
CARO A
ROA
CARO A
l--43
43
l-16
16
1-16
16
Sureties on appeal bond
ROA
CARO A
ROA
CARO A
ROA
CARO A
Unnecessary
Generally ........................ .
When ....................... ·· · ··
CrR
CR
1-35
35
I-27
27
8.6
46
1--43
43
SPR
SPR
98.12W
98.12W
SPR
SPR
98.16W(b-<l)
98.08W
SPR
98.12W
SPR
SPR
98.16W(a)
98.12W
SPR
SPR
SPR
98.20W
98.16W(e)
98.16W(a)
SPR
SPR
98.12W
98.lOW
Execution
Countermanded when
Judgment, supreme court ............ .
Procedure .......................... .
Supplemental proceedings ............ .
ROA
CARO A
ROA
CR
CR
Executor
Claim by, settlement ................ .
Compensation ...................... .
SPR
SPR
Exhibit
Disposition
Part of pleading, for all purposes ...... .
8(c)
1-30
30
I--60
69(a)
69(b/
98.08W
98.12W
I-&>
ROA
CARO A
CR
66
IO(c)
CR
51(j)
CR
8(c)
ROA
I-{i7
-FFact
Matters of, comment by judge
CR
l-55
55
Failure of Consideration
Affirmative defense, pleading
Ethics See Professional Ethics; Judicial Ethics
Federal Court
Evidence
Comments on ...................... .
CR
Excluded, record, offer of proof ....... .
CR
CPE
Inadmissible, introducing ............ .
Injunction, notice, contents .......... .
CR
Jury to retire with, exceptions ........ .
CR
Juvenile court
Fact finding hearing, rules of evidence
Ju CR
apply ......................... .
JuCR
Prosecuting attorney to present evidence
Motion based on facts not appearing of
record .......................... .
CR
Newly discovered
CR
Grounds for new trial ............. .
CR
Relief from judgment .............. .
Persons not parties .................. .
CR
Procedure .......................... .
CR
Scope ............................. .
CR
Subpoena, command to produce
CR
flndex to Parts 1-IV--p 104)
51(2)
43(c)
22
43(e)(2)
51(h)
4.4
4.4
Certification of question to state supreme
court
Filing
Appeal bond
Application for admission to practice ...
Brief
Federal certificate procedure ....... .
Petition for writ .................. .
Brief on appeal ..................... .
43(e)(l)
59(a)
60(b)
34(c)
34(b)
34(a)
45(b)
Certificate procedure ................ .
Complaint
Fee ............................. .
Time ............................ .
Time limit ....................... .
Cost
Bill, indigent criminal appeal ....... .
ROA
CAROA
APR
1-22(1)
22(1)
2C,384
ROA
ROA
ROA
CAROA
ROA
l-{i7
l-58(f)
CR
CR
CR
ROA
I-41(1 },(2}
41(1),(2)
l-{i7
5(d)(3-4)
S(d)(l-2)
4(d)(I)
l.47(d)
Index to Parts I-IV
Rule
CARO A
ROA
ROA
CARO A
Discipline of attorney, findings, conclusions,
ORA
recommendations of hearing panel ..
ROA
Documents, order of ................ .
CARO A
CR
Failure ............................ .
SPR
Fee in divorce action ................ .
CR
Limitation ......................... .
Motion
ROA
For new trial ..................... .
CARO A
ROA
To dismiss appeal ................. .
CARO A
CR
Nonpayment of judgment ............ .
CR
Note of issue ....................... .
Notice of appeal
ROA
Order ........................... .
CARO A
CAR
Opinions .......................... .
SAR
ROA
Order ............................. .
CARO A
Petition
DRA
For reinstatement of attorney ....... .
ROA
For writ ......................... .
CARO A
On writ .......................... .
ROA
CARO A
Pleading
Fee ............................. .
CR
CR
Time ............................ .
Statement of fact
Extension of time limit ............ .
ROA
CARO A
ROA
Order
CARO A
ROA
Time limits ...................... .
CAROA
CR
Summons .......................... .
Time
CR
Generally ........................ .
With court, defined ................. .
CR
Petition for writ .................. .
Cross appeal notice ................. .
Findings
Judgment, without
Findings and Conclusions
Required when ..................... .
Findings of Fact
Accepted as established fact, when
Default judgment ................... .
Duties of court when no jury ......... .
Judgment, amendment .............. .
P~o~sed, not necessary for review .... .
S1grung ............................ .
Number
47(d)
1-58(c)
1-33(3)
33(3)
2.3(b)
1--4
4
5(d)(2)
94.04W(c)
5(d)(3)
1--4
4
1-51
51
5(d)(4)
40(a)(4)
1--4
4
14
14
1--4
4
8.2
I-57(e)(l)
57(e)(l)
I-57(g)(I)
57(g)(l)
5(c)(3--4)
5(d)(l-2)
1-34(2)
34(2)
1--4, 1-34(1)
4, 34(1)
1-34(2)
34(2)
3(a)
5(d)(I)
5(e)
CR
52(d)
CR
52(a)(I)
CARO A
CR
CR
43
55(b)(2)
52(a)(l)
52(b)
52(a)(3)
52(c)
CR
44.I
CR
CR
CR
Form
Federal certificate pmcedure . . . . . . . . . .
Petition to take charge of child . . . . . . . .
Proposed instructions to jury . . . . . . . . . .
F onnaJ Complaint
Discipline of attorney
Forma Pauperis
Habeas corpus
Fraud
ROA
JuCR
CR
1--67
2.1
51(c)
DRA
3.l(a)
ROA
CARO A
I-56(d)
56(d)
Number
CR
CR
CR
8(c)
60(b)
9(b)
CR
Affirmative defense, pleading . . . . . . . . . .
Judgment, relief . . . . . . . . . . . . . . . . . . . . .
Pleading, statement . . . . . . . . . . . . . . . . . .
17(b)
Fraudulent Conveyances
Joinder of remedies
-GGarnishment
SPR
CR
SPR
SPR
91.04(1Xf)
64
91.04W(c)
91.04W(b)
SPR
9I.04W(b)
SPR
SPR
Applicability of rule ................. .
Judgment, satisfaction ............... .
Objections ......................... .
Setting aside ....................... .
Writ of
Irregularities ..................... .
Service
method ........................ ·
proof of .................... · · · ·
9I.04W(a)
91.04W(e)
SPR
CR
CR
SPR
98.16W(a)
4.l(a)
17(cX3)
I7(cX2)
98.20W
SPR
98.12W
ORA
DRA
DRA
4.1
11.4(b)
4.1
Guardian
Ad !item
Appointed for minor in estate, probate
matters ....................... .
Attorney ......................... .
Incompetent person ............... .
Infant ........................... .
Authorization of expenditures for minor
Compensation
Application ...................... .
Discipline of attorney
Appointment ..................... .
Fee ............................. .
for respondent attorney ............. .
DRA
-HHabeas Corpus
Proceeding in forma pauperis ......... .
Rules, regulations ................... .
Service
Foreign Law
Determination
Rule
Hearing
Claim by minor against estate ........ .
Consolidation, joint ................. .
Cost bill on appeal .................. .
ROA
CAROA
ROA
CARO A
CrR
I-56(d)
56(d)
1-56
56
I00.04W
SPR
CR
ROA
CARO A
98.16W(b)
42(a)
I-55(d)
55(d)
57
IOl.20W
Declaratory judgment ............... .
CR
Determination of confession .......... .
CrR
Discipline of attorney
Procedure generally ............... .
DRA
Reinstatement, convicted of felony .. .
DRA
En bane See Supreme Court
Injunction, preliminary .............. .
CR
DR
Issues of law ....................... .
Mental proceedings
Commitment
Findings and conclusions ........ .
MPR
Procedure ...................... .
MPR
Verdict ........................ .
MPR
Conditional release and revocation or
modification
Burden of proof ................ .
MPR
Waiver ........................ .
MPR
Initial detention
Notice ......................... .
MPR
Procedure ...................... .
MPR
Motion to dismiss, appeal ............ .
ROA
CARO A
New trial
III
9.2
65(9),(2)
40(aX2)
3.4(b)
3.4(a)
3.4(c)
4.5(a)
4.5(b)
2.4(a)
2.4(b)
l-53(a)
53(a)
(Index to Parts 1-IV---p 105)
Index to Parts I-IV
Rule
Motion .......................... .
Order for ........................ .
Petition on writ
Preliminary ...................... .
Referral ......................... .
Preliminary defense on pleading ...... .
Receivership ....................... .
Subpoena .......................... .
Superior court, matters considered .... .
Supreme court, motion for new bond .. .
TemPorary restraining order .......... .
To be continued in open court ........ .
CR
CR
ROA
CARO A
ROA
CR
CR
CR
CR
ROA
CR
CR
Hearing Panel
Ability of attorney to practice
Determination .................... .
Hearing procedure ................ .
Appointment ....................... .
Chairman
Administration of oath ............ .
Appointed ....................... .
Fixes date of hearing .............. .
Continuity ......................... .
Discipline of attorney, procedure after ..
Disqualification ..................... .
Duties ............................. .
Filing findings, conclusions, recommendations ........................... .
Location change .................... .
Pleadings, formal complaint
Contents ......................... .
Notice of answer ................. .
Number
59(e)
59(d)
1-57(1)
57(1)
I-58(b)
l2(d)
66(e)
45(e)
l6(a)
1-29
65(b)
ORA
ORA
ORA
10.l
10.l
2.3(a)
ORA
ORA
ORA
DRA
DRA
ORA
DRA
3.2(h)
2.3(d)
3.2(b)
2.3(e)
ORA
ORA
2.3(b)
2.3(a)
ORA
ORA
3.l(a)
3.l(a)(2)
v
3.2(e)
2.3(b)
CR
lO(a)(3)
Holidays
Court sessions ...................... .
Effect upon time computation ........ .
CR
CR
77(e)
6(a)
CR
CR
CR
l9(e)
20(c)
CR
B(c)
CR
27(a)(2)
8
-Ifilegality
Affirmative defense, pleading
Incompetence
Adverse party, perpetuation of testimony
Attorney
Grounds ......................... .
Hearing ......................... .
Mental .......................... .
Capacity to sue, be sued ............. .
Mental, attorney .................... .
Substitution of parties ............... .
Indictment
Bill of particulars ................... .
Contents, nature .................... .
Information, amendment ............ .
Surplusage ......................... .
Use ............................... .
Warrant
Amendment when ................ .
Execution ........................ .
Issuance in lieu of warrant ......... .
New, issuance .................... .
Requisites ....................... .
Return .......................... .
!Index to Parts 1-IV--p 106)
CrR
Number
2.2(a)
Indigent
Representation
APR
7B
Rule
Indigent Case
Appeal, reproduction of briefs
ROA
CARO A
ORA
ORA
DRA
CR
DRA
CR
I
3.2
4.2
l7(c)
4.2
25(b)
CrR
CrR
CrR
CrR
CrR
2.l(e)
2.l(b)
2.l(d)
2.J(c)
2.l(a)
CrR
CrR
CrR
CrR
CrR
CrR
2.2(!)( l)
2.J(d)(l)
2.2(b)
2.2(1)(2)
2.2(c)
2.2(e)
Infant
Capacity to sue, be sued ............. .
Form of petition to take charge of child
CR
JuCR
Information
Amendment . . . . . . . . . . . . . . . . . . . . . . . . .
77(j)
Heir, Unknown
Pleading, caption
Husband and Wife
Joinder
Of parties, exceptions .............. .
Permissive ....................... .
Pleading ........................... .
When issued
CrR
Injunction
Appeal
Allowed when .................... .
Bond
see also Appeal
required ....................... .
ROA
ROA
CARO A
Enforcement until supreme court decision ROA
CARO A
CR
Application, motion to dissolve ....... .
CR
Order ............................. .
CR
Pending appeal ..................... .
Preliminary
CR
Consolidation of hearing, trial, merits
CR
Notice to adverse party ............ .
CR
Security ......................... .
Temporary
Appeal, allowed when ............. . CARO A
CR
Findings, conclusions .............. .
CR
Restraining order ................. .
Injury by FeUow Servant
Affirmative defense, pleading
Instructions
Additional, subsequent .............. .
Deliberation ....................... .
Jury
Argument of counsel .............. .
Arguments to follow reading by court
Further .......................... .
Objections ....................... .
Option to adopt local rule .......... .
Proposed
disregarding .................... .
form .......................... .
submission ..................... .
Published ........................ .
Record on appeal ................. .
To retire with .................... .
Objections, regulations .............. .
Proposed, serving, filing .............. .
Several offenses ..................... .
CR
1-46(1)
46(1)
l7(c)
2.1
!Ol.04W(b)
1-14
1-24
24
1-24
24
43(e)(2)
65(d)
62(c)
65(a)(2)
65(a)(I)
65(c)
14(3)
52(a)(2)
65(b)
B(c)
CrR
CrR
6.15(1)
6.l5(e)
CrR
CR
CR
CR
CR
6.l5(d)
5l(g)
5l(i)
51(1)
5l(d)
CR
CR
CR
CR
CR
CR
CrR
CrR
CrR
5l(e)
5l(c)
5l(b)
5l(d)
5l(d)
5l(h)
6.15(c)
6.l5(a)
6.15(g)
Interpleader
Plaintiff, claims against .............. .
Statute, effect of .................... .
CR
CR
22(a)
22(b)
Interrogatory
Answer to accompany general verdict
Availability ........................ .
Business record option ............... .
Examination, effect of discovery ...... .
Scope ............................. .
CR
CR
CR
CR
CR
49(b)
Intervention
Applicant
Claim, defense and main action have
question of Jaw, fact in common
CR
24(b)(2)
33(a)
33(c)
43(1)(2)
33(b)
Index to Parts I-IV
Rule
CR
CR
CR
Irregularities
Appeal bonds
Number
24(a)
24(b)
24(c)
CR
CR
Interested in property, transaction ... .
Permissive ......................... .
Procedure .......................... .
Right conferred by statute
Conditional ...................... .
Unconditional .................... .
24(b)(l)
24(a)
ROA
CARO A
1-28
28
CR
39(-)
CR
CR
40(a)
38(c)
mue
How tried . . . . . . . . . . . . . . . . . . . . . . . . . .
Trial
Note . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Specifications . . . . . . . . . . . . . . . . . . . . .
-JJoinder
Authority of court to act on own motion
Claims . . . . .. . . . . . . . . . .. . . . . . . . . . . . .
Counterclaim . . . . . . . . . . . . . . . . . . . . . . . .
Cross claim . . . . . . . . . . . . . . . . . . . . . . . . .
Defendants, failure to prove grounds . . .
Husband, wife
Exception . . . . . . . . . . . . . . . . . . . . . . . . .
Permission . . . . . . . . . . . . . . . . . . . . . . . .
Not feasible . . . . . . . . . . . . . . . . . . . . . . . . .
Of defendants . . . . . . . . . . . . . . . . . . . . . . .
Of defense . . . . . . . . . . . . . . . . . . . . . . . . . .
Permissive
Generally . . . . . . . . . . . . . . . . . . . . . . . . .
Separate trials . . . . . . . . . . . . . . . . . . . . .
Persons needed for just adjudication . . . .
Prerogative of board of governors in discipline of attorney . . . . . . . . . . . . . . . . . .
Related offenses, joining failure . . . . . . . .
Reasons for being nonjoinder . . . . . . . . . .
Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . .
CrR
CR
CR
CR
CrR
4.3(d)
18(a)
13(h)
13(h)
4.4(d)
CR
CR
CR
CrR
CrR
19(e)
20(c)
19(b)
4.3(b)
4.3(a)
CR
CR
CR
20(a)
20(b)
19
DRA
CrR
CR
CR
VIII
4.3(c)
19(c)
17(b)
Judge
Canons of judicial ethics See Judicial Ethics
Certification of statement of fact . . . . . . .
ROA
CARO A
Code of judicial conduct See Judicial Conduct
Comment on matter of fact . . . . . . . . . . .
CR
Conduct See Judicial Conduct
Court of appeals See Court of Appeals
Disability
During trial . . . . . . . . . . . . . . . . . . . . . . .
CrR
During non-jury trial . . . . . . . . . . . . . . .
CrR
Generally . . . . . . . . . . . . . . . . . . . . . . . . .
CrR
Duties, generally See Judicial Ethics
Ethics See Judicial Ethics
CPR
False statements concerning, prohibited
Judicial Ethics See Judicial Ethics
Memorandum part of statement of fact in
superior court . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
Pending decisions to be called to attention
of...............................
CR
Powers in superior court . . . . . . . . . . . . . .
CR
CR
Pro tempore . . . . . . . . . . . . . . . . . . . . . . . . .
SAR
Supreme court See Supreme Court
Vacancy not to affect proceeding . . . . . .
CR
Visiting, powers . . . . . . . . . . . . . . . . . . . . .
CR
Judgment
Affirmance
On appeal, judgment against appellant,
sureties . . . . . . . . . . . . . . . . . . . . . . . . CAROA
Payment of cost . . . . . . . . . . . . . . . . . . .
ROA
1-37
37
5 l(j)
6.1 l(a)
6. ll(b)
63(b)
DR8-102
1-34(8)
34(8)
79(t)
63,
77(c)
21
6(c)
77(c)(8)(B)
31
1-31
Affirmation ........................ .
Against state ....................... .
Appeal
Allowed when .................... .
Rule
CARO A
ROA
CARO A
CR
Number
31
I-16
16
55(e)
ROA
CARO A
I-14
14
Bond See Appeal
Certified copy
to court of appeals . . . . . . . . . . . . . . . CAROA
to supreme court . . . . . . . . . . . . . . . . .
ROA
Depositions for perpetuation of testimony
CR
Arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CrR
Assignment . . . . . . . . . . . . . . . . . . . . . . . . .
CR
By confession . . . . . . . . . . . . . . . . . . . . . . .
CR
Claim, multiple . . . . . . . . . . . . . . . . . . . . . .
CR
Class action . . . . . . . . . . . . . . . . . . . . . . . . .
CR
Clerical mistakes, correction . . . . . . . . . . .
CR
Court of appeals, powers on appeal . . . . CAROA
Creditor may examine debtor . . . . . . . . . .
CR
Declaratory, procedure . . . . . . . . . . . . . . .
CR
Default
CR
After elapse of one year ........... .
CR
Amount certain ................... .
CR
Demand ......................... .
CR
Entry ........................... .
CR
Plaintiff, counter claimant, cross claimant
ROA
Defined ........................... .
CR
CARO A
Divorce action, approval by attorney of
SPR
record .......................... .
ROA
Effect of ........................... .
CARO A
Entry
CR
By superior court clerk ............ .
CR
Effective time .................... .
CR
Notice ........................... .
CR
When ........................... .
SPR
Estate, probate, claims by minor ...... .
Execution
CR
Proceedings supplementary to, in aid of
ROA
Under ........................... .
CARO A
Failure to secure review
ROA
CARO A
Final
ROA
Notice of appeal
CARO A
Relief
CR
granted
reasons ........................ .
CR
CR
Stay of proceedings ............... .
Findings
Of fact, amendment ............... .
CR
Without ......................... .
CR
Garnishment ....................... .
SPR
Generally .......................... .
CrR
CR
Interest on ......................... .
Lien .............................. .
CR
Modification ....................... .
ROA
CAROA
Motion
CR
Alter, amend ..................... .
Alternative ....................... .
CR
For on pleadings ................. .
CR
Notwithstanding verdict ........... .
CR
To affirm ........................ .
ROA
CARO A
New charge after arrest of ........... .
CrR
Not fully adjudicated ................ .
CR
Notice of appeal .................... . CAROA
Notice to opposing counsel ........... .
CR
Notwithstanding verdict ............. .
CR
Offer of ........................... .
CR
Pleading statement .................. .
CR
46(c)(I)
I--46(c)(l)
27(b)
7.4(a)
58(t)
58(e)
54(b)
23(c)(3)
60(a)
16
69(b)
57
55(t)
55(b)(I)
54(c)
55(b)
55(d)
l-2(t)
54(a)(l)
2.(t)
94.04W(e)
1---M>
60
78(e)
58(b)
58(c)
58(a)
98.16W(c)
69(a)
1---M>
60
1-32
32
1-33(1)
33(1)
54(c)
60(b)
62(a)
52(b)
52(d)
9I.04W(d)
7.3
58(g)
58(i)
1-16
16
59(h)
59(i)
12(c)
50(b)
1-51
51
7.4(c)
56(d)
33(1)
54(f)(2)
50(c)
68
9(e)
flndex to Parts 1-IV--p 107)
Index to Parts I-IV
Preparation, time, failure ............. .
Presentation, time ................... .
Relief ............................. .
Reopening ......................... .
Reversal
Criminal case on appeal ........... .
Rule
CR
CR
CR
CR
Judicial Conduct
Activities
Avocational . . . . . . . . . . . . . . . . . . . . . . .
Civic, charitable . . . . . . . . . . . . . . . . . . .
Engaging in for law, legal system and justice administration improvement . .
Extra-judicial, regulation to reduce conflict . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fiduciary . . . . . . . . . . . . . . . . . . . . . . . . .
Financial . . . . . . . . . . . . . . . . . . . . . . . . .
Political, restrictions . . . . . . . . . . . . . . . .
Compensation for quasi-judicial, extra-judicial activities, report . . . . . . . . . . . . .
Compliance with' code
Elfettive date . . . . . . . . . . . . . . . . . . . . .
Required . . . . . . . . . . . . . . . . . . . . . . . . .
Conduct
Avoidance of impropriety . . . . . . . . . . .
Integrity, independence of judiciary
upheld . . . . . . . . . . . . . . . . . . . . . . . .
Disqualification
For questionable impartiality . . . . . . . .
Remittal . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties
Performed impartially, diligently . . . . .
Political
Activity, restrictions . . . . . . . . . . . . . . . .
Conduct generally . . . . . . . . . . . . . . . . .
Campaign conduct . . . . . . . . . . . . . . . . .
Responsibilities
Adjudicative . . . . . . . . . . . . . . . . . . . . . .
Administrative . . . . . . . . . . . . . . . . . . . .
60
Rule, effect ........................ .
Rules governing .................... .
Stay of, allowed when ............... .
59(g)
1--48
48
16
1-16
58(1)
7.4(d)
58(h)
64
13(i)
70
62(b)
56
1-31
31
1-64
3
1-16
7.4(b)
1-59
59
60(e)
56(f)
CJC
CJC
5A
58
CJC
4
OC
OC
OC
CJC
5
5D
5C
7
CJC
6
OC
OC
Pream. 2
Pream. 1
CJC
2
CJC
CJC
CJC
3C
3D
CJC
3
OC
OC
OC
7
7A
78
CJC
CJC
3A
38
ROA
ROA
CR
ROA
CARO A
Juvenile court, decline of ............ .
JuCR
Ju CR
Juvenile court, of ................... .
Lack of ............................ . CARO A
CR
Original ........................... .
CrR
Purpose, construction ............... .
flndex to Parts 1-IV---p 108)
54(e)
54(f)(I)
Superior court, obtaining
ROA
CARO A
Power
of court of appeals .............. . CARO A
of supreme court ................ .
ROA
Revival ............................ .
CR
Rulings on alternate motions in arrest of
judgment or for a new trial ........ .
CrR
Satisfaction
Generally ........................ .
CR
Seizure of person, property ......... .
CR
Separate counterclaims, cross claims ... .
CR
Specific acts ........................ .
CR
Stay on motion for .................. .
CR
Summary .......................... .
CR
Supreme court
Against appellant, sureties ......... .
ROA
CARO A
Appeal to United States Supreme Court
ROA
Final ............................ .
SAR
Powers on appeal ................. .
ROA
Time for motion .................... .
CrR
Transcript, effect of ................. .
ROA
CARO A
Vacation procedure ................. .
CR
When affidavit unavailable ........... .
CR
Jurisdiction
Certificate procedure ................ .
Civil causes, supreme court securing ... .
Defendant, right to challenge ......... .
Effect of appeal ..................... .
Number
Juror
Alternate ................. · .. ·. · · · · ·
Alternative ......................... .
Challenge ...................... · · · ..
Communication with, investigation of, prohibited ......................... .
Examination ....................... .
Ill, procedure when ................. .
Note-taking by ..................... .
Number in civil case ................ .
Oath .............................. .
Orientation
Jury
Admonitions to
Advisory ....................... · · ..
Assess amount of recovery ........... .
Care of ........................ · · ·. ·
Custody ........................... .
Deliberation, instructions and evidence allowed in room ................... .
Demand for ........................ .
Discharge ....................... · .. .
Fee
Notice of settlement, refund, forfeit ..
On demand ...................... .
Impaneling ........................ .
Instructions
Delivery by court, argument ........ .
Further .......................... .
Objections, procedure ............. .
Option to adopt local rule .......... .
Proposed
disregarding .................... .
form .......................... .
submission ..................... .
time for submission ............. .
Published ........................ .
Less than twelve .................... .
May be polled ...................... .
Mental Proceedings
Commitment proceedings
procedure for demand ........... .
when available ................. .
Misconduct, ground for new trial ..... .
None, court to find facts ............. .
Oath .............................. .
Selection .......................... .
Trial See Trial
Verdict
Correction of informal ............. .
General
answer to interrogatories to accompany,
instructions ................. .
defined ........................ .
Manner of giving ................. .
Special .......................... .
View of premises ................... .
4(d)(4)
I-15
15
6.1 et seq.
1.2
51
77(a)
1.2
Number
1.3
I.I
l-57(c)
57(c)
3(c)
CR
CrR
CR
47(b)
6.5
47(e)
CPR
CR
CR
CrR
CR
CR
CrR
DR7-108
47(a)
47(b)
6.8
49(g)
47(f)
6.2
CR
CrR
CR
CR
CR
CrR
47(h)
6.6
39(c)
49(j)
47(i)
6.7
CR
CR
CR
51(h)
38(a)
49(c),(k)
6.10
CR
CR
CR
38(e)
38(b)
47(d)
CR
CR
CR
CR
51(g)
5l(i)
51(f)
51(d)
CR
CR
CR
CR
CR
CR
CR
5l(e)
51(c)
51(b)
5l(a)
51(d)
48
49(h)
MPR
MPR
CR
CR
CR
CrR
3.3(b)
3.3(a)
59(a)
52(a)(I)
47(f)
6.3
CR
49(i)
Waiver, failure to serve on demand .....
CR
CR
CR
CR
CR
CrR
CR
49(b)
49(-)
49(f)
49(a)
47(g)
6.9
38(d)
JuYenile Court
Admission to detention .............. .
Arrest of child ...................... .
Child under twelve .................. .
Citation petition .................... .
Complaints, referral ................. .
Counsel, right to .................... .
JuCR
JuCR
JuCR
JuCR
JuCR
JuCR
67
32
Rule
CrR
CrR
ROA
CARO A
CR
3.2
3.1
7.4
2.1
2.2
7.2
Index to Parts I-IV
Rule
Decline of jurisdiction
hearing .......................... .
investigation for .................. .
notice of hearing .................. .
scheduling hearing ................ .
traffic cases, in ................... .
Defined ........................... .
Detention prior to disposition
admission to ..................... .
arrest of child .................... .
notice of preliminary hearing ....... .
notice to parent or custodian ....... .
preliminary detention hearing ...... .
release from detention ............. .
release on citation ................ .
time limitations on ................ .
waiver of preliminary hearing ....... .
Direct to court bearing .............. .
Disposition bearing
deferred findings .................. .
direct to court hearing ............. .
findings and conclusions ........... .
judge's statement ................. .
notice and summons .............. .
social study and social file ......... .
Fact finding bearing
continuance ...................... .
disposition ....................... .
evidence ......................... .
facts not disputed ................. .
findings of fact ................... .
issue ............................ .
notice and summons .............. .
proof, degree of .................. .
prosecuting attorney, duty of ....... .
scheduling ....................... .
Intake
informal adjustment ............... .
interview ........................ .
petitions ......................... .
procedure ........................ .
referral of complaints .............. .
Jurisdiction
decline of ........................ .
defined .......................... .
Notice
decline of jurisdiction hearing ...... .
disposition hearing ................ .
fact finding bearing ............... .
rights of intaken child ............. .
to parent of detention of child ...... .
Petition
alleging delinquency ............... .
informal adjustment in lieu of ...... .
Scope of rules ...................... .
Self incrimination and right to counsel
child under 12, waiver, etc .......... .
right to counsel ................... .
right to remain silent .............. .
waiver of rights ................... .
Social study ........................ .
Rule
Number
Ju CR
JuCR
JuCR
JuCR
JuCR
JuCR
6.4
6.3
6.2
6.1
6.5
1.2
JuCR
Ju CR
JuCR
JuCR
JuCR
JuCR
JuCR
JuCR
JuCR
JuCR
3.2
3.1
3.5
3.3
3.6
3.8
3.9
3.4
3.7
5.4
JuCR
JuCR
JuCR
JuCR
JuCR
JuCR
Ju CR
5.3
5.4
5.3
5.3
5.1
5.2
5.3
Ju CR
JuCR
JuCR
JuCR
JuCR
JuCR
Ju CR
JuCR
JuCR
JuCR
4.4
4.4
4.4
4.5
4.4
4.3
4.2
4.4
4.4
4.1
JuCR
JuCR
JuCR
JuCR
JuCR
2.5
2.3
2.1
2.4
2.2
JuCR
JuCR
6.1 et seq.
1.2
JuCR
JuCR
JuCR
JuCR
JuCR
6.2
5.1
4.2
2.4
3.3
JuCR
JuCR
JuCR
2.1
2.5
I.I
JuCR
JuCR
JuCR
JuCR
JuCR
JuCR
7.4
7.2
7.1
7.3
5.2
5.3
Lawyer, See Attorney
Legal Interns
Court appearances, when ............ .
License to practice law
Application, procedure ............ .
Issuance ...................... · · · ·
Limitations .................... · ..
Renewal ...................... · · · ·
Revocation ................... · .. .
Term ................... ··········
Qualifications .................... .
Renumeration .................... .
Scope of practice ................. .
Supervising attorney, requirements
APR
9(D)(3)(4)
APR
APR
APR
APR
APR
APR
APR
APR
APR
APR
9(B)(2)
9(B)(2)(d)
9(A)
9(E)(I)
9(E)(2)
9(E)(I)
9(B)(l)
9(D)(7)
9(C)
9(D)
Letters Rogatory
Depositions, taken in foreign country
Service in foreign country ............ .
CR
CR
28(v)
4(i)(I)
CR
8(c)
License
Affirmative defense, p\eading ......... .
Legal interns
Term, renewal and revocation
APR
Lien
Cessation, extension ................. .
Commencement .................... .
Judgment .......................... .
CR
CR
CR
58(k)
58(j)
58(i)
Lis Pendens
Action ............................ .
CR
3(d)
List of Pending Decisions
County clerk to maintain
CR
79(f)
Litigation
Avoiding acquisition of interest
9(E)(l)(2)
CPR
DR5-I03
DRA
DRA
DRA
DRA
DRA
DRA
2.I(a)
2.I(b)
I l.4(a)
2.6
2.I(c)
2.1 (c)(5)
DRA
DRA
DRA
DRA
DRA
DRA
DRA
2. l(c)(3)
2.l(d)
2.l(c)(3)
2.I(d)
11.7
2.l(e)
2.l(b)
DRA
DRA
DRA
DRA
2.2(a)
1I.4(a)
11.7
2.2(b)
Refusal to testify, penalties ........... .
Witness, notice ..................... .
CR
CR
43(f)(3)
43(f)(I)
Mandamus
Writ of, petition for
Directed to state office ............. .
Procedure ........................ .
ROA
ROA
Lilcal Administrative Committee
Appointment ....................... .
Chairman appointed ................ .
Compensation ...................... .
Cooperation with ................... .
Duties ............................. .
Perpetuation of testimony ............ .
Report
Confidential, becomes records of association .......................... .
Settlement, compromise, restitution .. .
Time, fonn ....................... .
Trivial matters ................... .
Service at pleasure of Board of Governors
Special circumstances ............... .
Term of office ...................... .
Lilcal Trial Committee
Appointment ....................... .
Compensation ...................... .
Service at pleasure of Board of Governors
Term of office ...................... .
-L-Lacbes
Affirmative defense, pleading
Number
-MMllllllging Agent
CR
8(c)
Law Clerk See Admission to Practice
Law Librarian
Duties, selection
SAR
CAR
18
18
1-58
1-57
!Index to Pans 1-IV-p 109)
Index to Parts I-IV
Rule
Mandate
Certification of statement of fact
Enforcement of cause on appeal
ROA
CARO A
ROA
CARO A
Number
1-37
37
1-15
15
Mental Examination See Examination
Mental Proceedings
Conditional release
Apprehension or detention
authorization ................... .
order, petition, service of ......... .
Commencement of new proceedings ..
Hearing to find nonadherence to terms
Initial detention petition ........... .
Notice of conditions .............. .
Petition for revocation of .......... .
Confidentiality of proceedings ........ .
Continuance, postponement .......... .
Detention alternative ................ .
Initial detention
Authorization and notice of detention
Court files, right to copy ........... .
Juvenile court proceedings ......... .
Notice of emergency detention ..... .
Petition .......................... .
Probable cause hearing ............ .
Summons ........................ .
Ninety or one hundred eighty day
commitment
First court appearance ............. .
Hearing ......................... .
Jury demand ..................... .
Preliminary appearance ............ .
Notice
Generally ........................ .
Of re1ease ........................ .
To prosecutor .................... .
Petition
fourteen day involuntary treatment ..
Initial detention .................. .
Initial involuntary detention of minors
Ninety day involuntary treatment ....
One hundred eighty day invohmtary
treatment ..................... .
Revocation of conditional release ... .
Venue
Conditional release bearing ........ .
Generally ........................ .
Release of records ................ .
Minor
Adoption .......................... .
Adverse party, perpetuation of testimony
Capacity to sue, be sued ............. .
Claim by, against estate ............. .
Estate, probate, guardian ad litem appDinted
Judgment, relief because of erroneous proceedings ........................ .
MPR
MPR
MPR
MPR
MPR
MPR
MPR
MPR
MPR
MPR
4.2
4.3
4.4
4.5
4.4
4.1
6.5
L3
1.2
1.4
MPR
MPR
MPR
MPR
MPR
MPR
MPR
1.2
1.3
2.2A
2.5
6.1
2.4
2.1
MPR
MPR
MPR
MPR
3.1
3.4
3.3
3.2
MPR
MPR
I. I
U(b)
1. J(a)
MPR
MPR
MPR
MPR
6.2
6.1
6.IA
6.3
MPR
MPR
6.4
6.5
MPR
MPR
MPR
5.2
5.1
5.3
MPR
SPR
CR
CR
SPR
SPR
93.04W
17(a)(2)
17(b)
98.J6W(b--d)
98.16W(a}
CR
60(b)
CR
21
Affirm the judgment or order appealed fronCAROA
51
Misjoinder
Not grounds for dismissal of action
Motion
Alternative
CR
Generally ........................ .
Notwithstanding verdict, order for new
CR
trial .......................... .
Presentation ...................... . CARO A
CR
Application to court for an order ..... .
Arguments upon, time limit .......... . CARO A
Brief required in support of .......... . CARO A
ROA
Damages .......................... .
[Index to Parts 1-IV--jl 1101
59(i)
50(c)
53(b)
7(b)
49
53(e)
1-51
Default, failure to appeal ............ .
Defenses
Must be consolidated .............. .
Permitted by listed ................ .
Dismissal
Of action by clerk ................ .
Of appeal ........................ .
Evidence, hearing ................... .
Filed .............................. .
Hearing of, time .................... .
Intervention ........................ .
Judgment
Alter, amend ..................... .
Notwithstanding verdict ........... .
Procedure on vacation ............. .
Relief, time ...................... .
Summary ........................ .
New bond on appeal ................ .
New trial
Appeal
Rule
CARO A
CR
CR
CR
CR
ROA
CAROA
CR
CARO A
CARO A
CR
CR
CR
CR
CR
CR
ROA
CARO A
ROA
CARO A
Hearing ......................... .
Limit ............................ .
Order of filing, service ............. .
CR
CR
ROA
CARO A
CR
Stay of proceedings ............... .
CrR
Time, extension ................... .
Noticed ........................... . CARO A
CR
Paper size .......................... .
CR
Pleadings, judgment ................. .
CrR
Rules ............................. .
CR
Service required, when ............... .
CR
Subpoena, production of evidence ..... .
Supported by affidavits, papers to be used
CR
by moving parties ................ .
CR
Ti.me for n.oti.ce to be %erved .......... .
To strike material from pleading ...... .
CR
CR
Vague, ambiguous .................. .
CR
Verdict, directed .................... .
Number
51
55(a)(l}
12(g)
12(b)
41(b)(2}
1-51
51
43(e)(l)
53(d}
53(a}
24(c)
59(h)
50(b)
60(e)(I)
60(b)
56
1-29
29
1-16
16
59(e)
59(j)
1--4
4
62(b)
101.04W(g)
53(c)
IO(d)
12(c)
8.2
5(a)
45(b)
7(b)
6(d)
12(t)
12(e)
50(a)
-NNonjoinder
Not grounds for dismissal of action
Pleading, reasons . . . . . . . . . . . . . . . . . . . .
CR
CR
21
19(c)
Nonresident
Service upon
CR
5(b)(3)
Notice
Appeal
By coparty
Contents, notification .............. .
Filing, service .................... .
Final judgment, order ............. .
_From final order, judgment and decree
Citation and notice to appear, juveniles
Class action ........................ .
Contents, notification ................ .
Creditors, receivership ............... .
Cross appeal ....................... .
Default
After elapse of year ............... .
Motion .......................... .
Dismissal of action, involuntary ....... .
Entry of judgment .................. .
Findings of fact to defeated parties .... .
Injunction
Application ...................... .
ROA
CARO A
CARO A
ROA
CARO A
ROA
CARO A
JuCR
CR
CARO A
CR
ROA
CA.ROA
1-33(2)
33(2)
33(5)
1--4
4
I-33(1)(a)
33(l)(a)
2.1
23(c)(3)
33(5)
66(c)
1-33(3)
33(3)
CR
CR
CR
CR
CR
55(f)(I)
55(a)(3)
41(b)(2)
58(c)
52(c)
CR
43(e)(2)
Index to Parts I-IV
Preliminary ...................... .
Judgment
Opposing counsel ................. .
Procedure on vacation ............. .
Juvenile court
Ci,tation and notice to appear ....... .
Decline of jurisdiction hearing ...... .
Disposition hearing ............... .
Fact finding hearing ............... .
Rights of intaken child ............ .
To parent of detention of child ..... .
Mental Proceedings
General ......................... .
Release ........................ .
To prosecutor .................. .
Initial detention
Probable cause hearing .......... .
Omission on appeal ................. .
Receivership
Request for special ................ .
Service .......................... .
Settlement by attorney ............... .
Temporary restraining order .......... .
Trial, issues ........................ .
Witness ........................... .
Rule
CR
CR
CR
54(t)(2)
60(e)(2)
JuCR
JuCR
JuCR
JuCR
JuCR
JuCR
2.1
6.2
5.1
MPR
MPR
MPR
I. I
I.l(b)
l.l(a)
MPR
ROA
CARO A
2.4(a)
1-45
45
CR
CR
CR
CR
CR
CR
4.2
2.4
3.3
66(d)
66(e)
4l(e)
65(b)
40(a)
43(f)(l)
-0Oath
Depositions
Before whom taken ...............
Judge, pro tempore .................
Supreme court clerk .................
Witnesses, superior court ............
.
.
.
.
CR
SAR
SAR
CR
28
21(2)
16(4)
43(d)
Objectioo
Civil causes ........................ .
Instructions to jury .................. .
Pleading ........................... .
Sustained by court .................. .
CrR
CR
CR
CR
8.7
5 l(t)
12(a)
43(c)
ROA
CARO A
1-25
25
Obligee
Bonds on appeal in supreme court
Officer, deposition
Before whom taken
CR
28
Official Document or Act
Pleading, statement ................. .
CR
9(d)
CrR
CrR
CrR
4.5(c)
4.5(e)
4.5(b)
CrR
CrR
CrR
CrR
CrR
CrR
CrR
4.5(b)(I)
4.5(b)(II)
4.5(d)
4.5(f)
4.5(a)
4.5(g)
4.5(b)
Omnibus Hearing
Checklist .......................... .
Continuance ....................... .
Memorandum ...................... .
Motion
By defendant ..................... .
By plaintiff ....................... .
Generally ........................ .
Record ............................ .
Required when ..................... .
Stipulations ........................ .
Time .............................. .
Opinion
Federal certification procedure ........ .
Filing ............................. .
Judge pro tempore .................. .
Petition for rehearing, modification .... .
Per curiam ......................... .
Signed, exception ................... .
Rule
Number
65(a)(I)
ROA
SAR
CAR
SAR
CARO A
SAR
CAR
SAR
I--67
14
14
21(4)
50
14
14
14
Order
Affirmation
Number
ROA
CARO A
ROA
CARO A
Appeal
Allowed when
1-16
16
1-14
14
Bond See Appeal
CR
Class action, conduct ................ .
Court of appeals, powers on appeal ... . CAROA
SPR
Default, service ..................... .
CR
Defined ........................... .
Depositions
Perpetuation of testimony may prevent
CR
failure, delay of justice ......... .
Determination whether class action to be
CR
maintained ...................... .
CR
Dismissed action .................... .
SPR
Divorce action, approval ............. .
CR
Exception .......................... .
ROA
Execution, countermanded ........... .
CARO A
ROA
Failure to secure review ............. .
CARO A
ROA
Modification
CAROA
New trial
CR
Hearing ......................... .
Statement of reasons .............. .
CR
ROA
Notice of appeal .................... .
CARO A
Preparation ........................ .
CR
Relief ............................. .
CR
CR
Restraining, injunction .............. .
Reversal ........................... .
ROA
CAROA
Reviewed, when .................... .
ROA
CARO A
Service by telegraph ................. .
CR
Show cause ........................ .
CR
Substitution of parties ............... .
CR
Superior court
Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CR
Pretrial . . . . . . . . . . . . . . . . . . . . . . . . . . .
CR
Service, required when . . . . . . . . . . . . . .
CR
Supreme court powers on appeal . . . . . . .
ROA
Notice, hearing, duration . . . . . . . . . . .
CR
Security . . . . . . . . . . . . . . . . . . . . . . . . . .
CR
When notice to adverse party not required
CR
Transcript, effect of . . . . . . . . . . . . . . . . . . CAROA
Ordinance
Pleading, statement
CR
23(d)
16
94.04W(a)
54(a)(2)
27(a)(3)
23(c)(I)
4l(d)
94.04W(e)
46
1-30
30
1-32
32
1-16
16
59(d)
59(t)
1-33(1)
33(1)
54(e)
(j()
65(d)
1-16
16
1-17
l?
5(b)
(j()( e)(3)
25(a)(l)
78(c)
16(b)
5(a)
1-16
65(b)
65(c)
65(b)
59
9(i)
-PParty
Adverse See Adverse Party
Agreement with other incivic action
Appellant designated ................ .
Change in claim against ............. .
Coparty See Coparty
Death, effect on appeal .............. .
CR
ROA
CARO A
CR
ROA
CAROA
Defined ........................... .
ROA
CARO A
Designated
ROA
CAROA
CR
Joinder of ......................... .
CR
Multiple stay of judgment , ........... .
CR
Personal appearance on appeal ....... .
ROA
CAROA
Respondent designated
ROA
2A
1-18
18
15(c)
1-21
21
l-2(e)
2(e)
1-18
18
17(-)
20
62(h)
1-5
5
1-18
(Index to Parts 1-IV--p 1111
Index to Parts I-IV
Rule
CARO A
Service of papers ................... . CARO A
Substitution
Death
partial abatement ............... .
CR
procedure ...................... .
CR
Incompetency .................... .
CR
Transfer of interest ................ .
CR
Third See Third Party
Number
18
3
25(a)(2}
25(a)(I)
25(b)
25(c)
Payment
Affirmative defense, pleading
CR
8(c)
Perpetuadon of Testimony
Action, power of court .............. .
Appeal on judgment, deposition ...... .
Dep.osition, .admissible in evidence .... .
Notice, service ...................... .
Petition ............................ .
Prevention of failure, delay in justice order,
examination ..................... .
Petition
Habeas corpus
In supreme court
CR
CR
CR
CR
CR
27(c)
27(b)
27(a)(4)
27(a)(2)
27(a)(I)
CR
27(a)(3)
ROA
CARO A
Juveniles
Alleging delinquency .............. .
JuCR
Informal adjustment in lieu of ...... .
Ju CR
Mental Proceedings
Fourteen day involuntary treatment ..
MPR
Initial detention .................. .
MPR
Ninety day involuntary treatment ... .
MPR
One hundred eighty day involuntary
treatment ..................... .
MPR
Proceedings for conditional release and
revocation or modification
petition and order of apprehension and
detention ................... .
MPR
MPR
petition for initial detention ...... .
Perpetuation of testimony ............ .
CR
Receivership ....................... .
CR
Rehearing
Discipline of attorney ............. .
DRA
On appeal ....................... .
ROA
CARO A
Reinstatement of attorney ............ .
DRA
ORA
Writ
Directed to state officer ............ .
ROA
In general, procedure .............. .
ROA
CARO A
Petitioner
Defined
ROA
CARO A
1-56
56
2.1
2.5
6.2
6.1
6.3
6.4
4.3
4.4
27(a)(l)
66(d)
XV N
1-50
50
VII
10.2
1-58
I-57
57
I-2(e)
2(e)
Plaintiff
Application for judgment ............ .
Argument to jury ................... .
Claims against, interpleader .......... .
Complaint, service .................. .
Defendant as third party ............. .
Designated ......................... .
Dismissal of action
Commences new action on same claim,
costs ......................... .
Involuntary ...................... .
Voluntary ........................ .
Involuntary, joinder ................. .
Joinder, permissive .................. .
Judgment by default ................ .
Shareholder in derivative action ...... .
Summons
Service, filing fee .................. .
Subscribed by .................... .
flndex to Parts 1-IV---p 1121
CR
CR
CR
CR
CR
CR
55(b)(3)
51(g)
22(a)
4(d)(I)
14(a)
17(-)
CR
41(d)
CR
41{b)(1)
CR
CR
CR
CR
CR
41(a)
19(a)
20(a)
55(d)
23.1
CR
CR
3(a)
4(a)
Rule
When may summon third party
Plea
Agreement, record .................. .
Insanity pleading ................... .
Multiple offenses ................... .
Types designated ................... .
Voluntariness, acceptability .......... .
Withdrawal when ................... .
Written statement, form ............. .
Pleading
Adoption by reference of statements ... .
Allowed ........................... .
Amendment
Dates back to original ............. .
Manner, response ................. .
Must conform to evidence ......... .
Averment
Admitting, denying ............... .
Claim, defense paragraphs, content .. .
Failure to deny, effect ............. .
Fraud, mistake ................... .
Negative ......................... .
Simple, concise, direct ............. .
Time, place ...................... .
Burden of proof not shifted, altered ... .
Caption ........................... .
Change of party whom claim against .. .
City or town, existence of ............ .
Claim for relief ..................... .
Complaint, names of parties .......... .
Condition precedent ................. .
Consistency ........................ .
Construction ....................... .
Cost, security . . . . . . . . . . . . . . . . . . . . . . . .
Counterclaim
Compulsory ...................... .
Mature, acquired after pleading ..... .
Omission, amendment ............. .
Permissive ....................... .
Default, after ....................... .
Defendant, name unknown ........... .
Defenses, objections ................. .
Exhibits, a part for all purposes ....... .
Failure to appear to take deposition or answer interrogators ................ .
Filing ............................. .
Formal complaint
Amendment ...................... .
Answer form, contents ............. .
Contents ......................... .
Notice to answer
form .......................... .
service ........................ .
Time to answer
extension ...................... .
limit .......................... .
Format recommendations ............ .
Heirs unknown, caption ............. .
lnterlineations ...................... .
Issue of law ........................ .
Judgment .......................... .
Mailing in discipline of attorney action
Motion
For judgment .................... .
1' o strike certain matter ............ .
Nonjoinder, reasons ................. .
Notation at bottom of page .......... .
Not to go to jury room .............. .
Objections ......................... .
Official document, act ............... .
Ordinance ......................... .
Permissible ......................... .
Response
Number
CR
14(b)
CrR
CrR
CrR
CrR
CrR
CrR
CrR
4.2(e)
4.2(c)
4.2(b)
4.2(a)
4.2(d)
4.2(1)
4.2(g)
CR
CR
lO(c)
7(a)
CR
CR
CR
15(c)
15(a)
15(b)
CR
CR
CR
CR
CR
CR
CR
CR
CR
CR
CR
CR
CR
CR
CR
CR
CR
8(b)
IO(b)
8(d)
8(eXI)
9(1)
9(1)
IO(a)
15(c)
9(h)
8(a)
IO(aXI)
9(c}
8(eX2)
8(1)
7(d)
CR
CR
CR
CR
CR
CR
CR
CR
l3(a)
13(e)
13(1)
13(b)
55(aX2)
10(aX2}
12
IO(c)
CR
CR
37(d)
5(dXI)
9(b)
9(a)
DRA
DRA
DRA
3. l(aXS)
3.l(aX3)
3.l(aXI)
DRA
DRA
3.l(aX2)
3.l(bXI)
DRA
CRA
3.l(aX7)
3.l(aX6)
IO(e)
lO(aX3}
15(e)
40(aX2)
CR
CR
CR
CR
CR
9(e)
DRA
3.l(bX4)
CR
12(c)
l2(f)
19(c)
IO(eX3)
5l(h)
12(a)
9(d)
9(i)
3.l(a)
CR
CR
CR
CR
CR
CR
CR
DRA
Index to Parts I-IV
Rule
Vague, ambiguous, motion for definite
statement ..................... .
When presented .................. .
Separate statements ................. .
Service
Discipline of attorney ............. .
Required, when ................... .
s~.gn~ture .......................... .
S1grung ............................ .
Special
Damage, stating items ............. .
Matters, capacity ................. .
Statute ............................ .
Supplemental ....................... .
CR
CR
CR
ORA
CR
CR
CR
CR
CR
CR
CR
12(e)
12(a)
IO(b)
3.I(b)(l,2)
S(a)
IO(e)(4)
II
9(g)
9(a)
9(j)
IS(d)
Post-conviction Reller
Appeal ............................ .
Hearing
Judge ........................... .
Prompt .......................... .
Purpose ......................... .
Motion, successive .................. .
Petition, filing ...................... .
Petitioner, presence ................. .
Relief upon proper finding ........... .
Right to counsel .................... .
CrR
7.7(h)
CrR
CrR
CrR
CrR
CrR
CrR
CrR
CrR
7.7(c)
7.7(b)
7.7(d)
7.7(i)
7.7(a)
7.7(f)
7.7(g)
7.7(e)
Presentence Investigation
Disclosure ......................... .
Made when ........................ .
Report, regulations .................. .
CrR
CrR
CrR
7.2(c)
7.2(a)
7.2(b)
CrR
CR
4.9
16
CrR
3.l(h)
CrR
CrR
CrR
CrR
3.2(c)
3.2(e)
3.2(i)
3.2(j)
CrR
CrR
CrR
CrR
CrR
CrR
3.2(!)
3.2(d)
3.2(a)
3.2(k)
3.2(b)
3.2(g)
Pretrial
Conference ........................ .
Procedure, formulating issues ......... .
Release
Af\er verdict ..................... .
Conditions
generally ...................... .
review ......................... .
Evidence ........................ .
Forfeiture ........................ .
Order
amendment .................... .
generally ...................... .
Personal recognizance ............. .
Recognizance, bail, absence, forfeiture
Relevent conditions ............... .
Revocation ...................... .
Probate
Administrator, compensation ......... .
Attorney, compensation ............. .
Claim
By minor ........................ .
Settlement ....................... .
Executor, compensation ............. .
Guardian
Ad litem, appointed for minor ...... .
Compensation .................... .
Minor
Claim by ........................ .
Expenditure allowed .............. .
Guardian ad litem, appointment .... .
Receiver
Compensation .................... .
Report, filing, bearing ............. .
Probation
Generally .......................... .
Revocation ........................ .
Probation Officer
Defined ........................... .
SPR
SPR
98.lOW
98.12W
SPR
SPR
SPR
98.16W(b-d)
98.08W
98.12W
SPR
SPR
98.16W(a)
98.12W
SPR
SPR
SPR
98.16W(b-d)
98.20W
98.16W(a)
SPR
SPR
98.12W
98.lOW
CrR
CrR
7.5(a)
7.5(b)
JuCR
Rule
Number
1.3
Process
See also Summons
Amendment ........................ .
Deemed summons .................. .
Insufficiency, waiver of defense ....... .
Right to challenge .................. .
Service
Personal ......................... .
Publication ...................... .
Supr.em~ co~r~ ...................... .
Temtonal hnuts .................... .
Professional ResponslbiUty
Action as public official .............. .
Admission to bar, application
False statement, discipline ......... .
Unqualified person, furthering application
prohibited .................... .
Appearance of impropriety, avoidance ..
Client
Business relations with, limitation ... .
Confidences, preservation .......... .
Identity of funds, property, preservation
Limiting liability to ............... .
Representation
communication with adverse party
competency required ............ .
within bounds of law ............ .
zealous ........................ .
Settling similar claims ............. .
Competency ....................... .
Criminal charges
Institution without probable cause prohibited ....................... .
Threatening prohibited ............ .
Definitions ........ , ................ .
Differing interests defined ............ .
Employment
Acceptance prohibited when ........ .
Professional
recommendation prohibited ...... .
request or compensation for recommendation prohibited ............ .
Refusal
when interests impair professional judgment ....................... .
when interests of other client impair
professional judgment ........ .
Withdrawal
generally ...................... .
mandatory when ................ .
when lawyer a witness ........... .
Influence by others than client, avoidance
Information, disclosing to authorities ...
Judge, false statements concerning, prohibited ............................. .
Juror, communication with, investigation of,
prohibited ...................... .
Law firm defined ................... .
Legal profession, maintenance of integrity
and competence ................. .
Legal services
Fees
dividing with non-lawyer prohibited
division among lawyers prohibited
excessive, prohibited ...... , ..... .
suggestion of need, accepting employment prohibited ............. .
Liability, limiting to client ........... .
Litigation, avoiding acquisition to interest in
Misconduct prohibited .............. .
Non-lawyer
Dividing legal fees with prohibited .. .
Partnership with prohibited ........ .
Unauthorized practice, aiding prohibited
Number
CR
CR
CR
CR
4(h)
4(-)
12(h)
4(d)(4)
CR
CR
SAR
CR
4(d)(2)
4(d)(3)
2
CPR
DRS-IOI
CPR
DRI-101
CPR
CPR
DRI-101
DR9-101
CPR
CPR
CPR
CPR
DR4-l0l
CPR
CPR
CPR
CPR
CPR
CPR
DR7-104
DR6--101
DR7-102
DR7-101
DR5-106
DR6--101
CPR
CPR
CPR
CPR
DR7-103
DR7-105
9
9
CPR
DR2-109
CPR
DR2-103
CPR
DR2-103
CPR
DR5-102
CPR
DR5-105
CPR
CPR
CPR
CPR
CPR
DR2-l 10
DR2-110
DR5-102
DR5-107
DRl-103
CPR
DRS-102
CPR
CPR
DR7-108
9
CPR
DRl-101
CPR
CPR
CPR
DRJ-102
DR2-107
DR2-105
CPR
CPR
CPR
CPR
DR2-104
DR6--102
DR5-103
DRl-102
CPR
CPR
CPR
DRJ-102
DRJ--103
DRJ--101
4(f)
DR5-104
DR9-102
DR6--102
(Index to Parts I-IV-;> 1131
Index to Parts I-IV
Officials, contact with ............... .
Outside profession, advertising prohibited
Partnership
Formation, designation of jurisdictional
limitations required ............ .
Misrepresentation ................. .
With non-lawyer prohibited ........ .
Person defined ..................... .
Practice
Agreements restricting ............. .
Limitation ....................... .
Private, name regulations .......... .
Professional legal corporation defined
Professional notices, letterheads, form ..
Publicity
Regulations ...................... .
Trial ............................ .
Public prosecutor, criminal charges, institution without probable cause prohibited
State defined ....................... .
Trial
Conduct ......................... .
Publicity ......................... .
Tribunal defined .................... .
Violation, disciplinary action ......... .
Witness, contact with, limitation
Prohibition
Writ of, petition
Directed to state officer ............ .
Procedure ........................ .
Property
Disposition
Ru.le
CPR
CPR
Number
DR7-l 10
DR2-102
CPR
CPR
CPR
CPR
DR2-102
DR2-102
DR3-103
9
CPR
CPR
CPR
CPR
CPR
DR2-108
DR2-105
DR2-102
9
DR2-102
CPR
CPR
DR2-101
DR7-107
CPR
CPR
9
CPR
CPR
CPR
DRA
CPR
DR7-106
DR7-107
9
l.IG)
DR7-109
ROA
ROA
CARO A
ROA
CARO A
CR
Seizure, remedies available
DR7-103
I-58
1-57
57
I--66
66
64
Special, notice of request ............. .
Stay of proceedings to enforce a judgment
Public Prosecutor
Performance of duties
JuCR
SPR
CPR
4.4
94.04W(b)
DR7-103
-QQuo Warranto
Writ of, petition directed to state officer
ROA
58
-R-
Record
Lack, statement
Official
Authentication ................... .
Domestic ........................ .
Foreign ...................... · · · · ·
Other proof ...................... .
On appeal ......................... .
CR
CR
CR
CR
CAROA
Referee
Powers, duties ...................... .
CR
53.I
Reference
Federal court of question of state law ...
ROA
1--07
Rehearing
Discipline of attorney See Discipline of Attorney
Petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CAROA
1-50
50
Release
Affirmative defense, pleading
CR
S(c)
Remedies
Seizure of person, property
CR
64
Remittitur
Defined
CR
ROA
CAROA
Replevin
Satisfaction of judgment
CR
44(b)
44(a)
44(a)( I)
44(a)(2)
44(c)
51
l-2(g)
2(g)
64
Reply
Brief, discipline of attorney ........... .
Defenses, waiver .................... .
Pleadings allowed ................... .
Striking for refusal to testify .......... .
To counterclaim .................... .
DRA
CR
CR
CR
CR
6.1--0.5
12(h)
7(a)
43(f)
7(a)
SPR
CAR
93.04W
25
Reporter, Court of Appeals
Duties ............................. .
CAR
17
SAR
SAR
SAR
17(1)
17(2--0)
17(1)
Res.I Estate
Lien, commencement
CR
58(j)
Reporter, Supreme Court
Appointment ....................... .
Preparation of decisions for publication
Salary ............................. .
Res.I Party in Interest
Prosecution in name of
CR
17(a)
Representatives
Capacity to sue, be sued
Receiver
Claim by, settlement ................ .
SPR
Compensation
Estate, probate matters ............ .
SPR
Motion to appoint, discharge ......... .
CR
Order, appeal of .................... . CARO A
SPR
\lCj)Ort, filing, hearing ............... ·
(Index to Parts 1-IV---p 114)
Number
66(d)
62(a)
Report
Adoption, disposition ................ .
Criminal case, final disposition ....... .
Prosecuting Attorney
Juvenile court, duty to present evidence in
Subpoena of witness in divorce action
Receivership
Dismissal ..........................
Notice
R.eque~t ~or special ................
Tune limit .......................
To creditors ......................
Proceedings ........................
Rule
CR
CR
98.08W
Death of a party .................... .
Parties, substitution of ............... .
98.12W
43(e)(2)
14(5)
Res Judicata
Affirmative defense, pleading
9S.\QW
Respondent
Adverse party ...................... .
Appeal bond, application ............ .
Attorney, cooperation required ....... .
Brief
See also Brief
Contents ......................... .
.
CR
66(b)
.
.
.
.
CR
CR
CR
CR
66(d)
66(e)
66(c)
66(a)
Failure to tile
.................... .
CR
CR
CAROA
CR
9(a),
CR
S(c)
ROA
ROA
DRA
ROA
CARO A
ROA
17(a)
27
25(a)
1-18
1-29
3.2(k)
l-42(g)(2)
42(g)(2)
1-41(4)
Index to Parts I-IV
Rule
CAROA
Filed before docket set . . . . . . . . . . . . .
ROA
CARO A
Filing, service . . . . . . . . . . . . . . . . . . . . .
ROA
CAROA
Submittance, when . . . . . . . . . . . . . . . . .
ROA
CARO A
Cross appeal unnecessary, when . . . . . . .
ROA
CARO A
Damages awarded ,to, when . . . . . . . . . . . CAROA
Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
Designated as adverse party . . . . . . . . . . .
ROA
CARO A
Errors claimed, presenting without cross apROA
peal . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CA ROA
Motion to dismiss, grounds . . . . . . . . . . . CAROA
Objection to sureties for bond of appellant
ROA
CAROA
Restitution
Writ of . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CAROA
Number
41(3)
1-l 1(2)(a)
I 1(2)(a)
1-41(1),(2)
41(1),(2)
1-41(4)
41(3)
1-16
16
62
l-2(c),(e)
2(c),(e)
1-18
18
1-16
16
51
1-27
27
1--61
61
Motion
Copies
For new trial ..................... .
Nonresidents ....................... .
Notice
Default judgment after elapse of year .
Discipline of attorney ............. .
Of appeal ........................ .
Of motion to dismiss appeal ........ .
Restraining Order
Findings of fact
CR
52(a)(5)
Numerous defendants ............... .
Order of ........................... .
1-57
Original writ ....................... .
Review
Writ of, petition procedure
ROA
Rules on Appea!I See Appeal
Ruling
Exception, unnecessary when
CR
46
-SSearch Wammt
Contents, issuance .................. .
Execution, return with inventory ...... .
Issuance authority .................. .
Property which may be seized with .... .
Return of property, motion ........... .
CrR
CrR
CrR
CrR
CrR
2.3(c)
2.3(d)
2.3
2.3(b)
2.3(e)
Security
Preliminary injunction, restraining order
Sureties, proceedings against ......... .
CR
CR
65(c)
65.I
Sentencing
Imposition ......................... .
Procedure at time of ................ .
Withdrawal of plea of guilty .......... .
CrR
CrR
CrR
Service
Affidavit, copy served with motion .... .
Appellant brief ..................... .
Application for default order of judgment
Brief on appeal ..................... .
Certified, registered mail ............. .
Complaint ......................... .
Counterclaim, numerous defendants ... .
Cross claim, numerous defendants .... .
Default order in divorce action ....... .
Deposition ......................... .
Documents
Discipline of attorney ............. .
Otder ........................... .
CR
ROA
CARO A
CR
ROA
CARO A
CR
CR
CR
CR
SPR
CR
DRA
ROA
CAROA
Exhibit ............................ .
CR
Formal complaint ................... .
DRA
Garnishment ....................... .
SPR
7.l(a)(I)
7.l(b)
7. l(c)
6(d)
1-11(2)(b)
I 1(2)(b)
55(f)(2)
1-41(1),(2)
41(1),(2)
5(g)
4(d)
5(c)
5(c)
94.04W(a)
31(a)
3.l(b)(2)
I-4
4
6(d)
3.l(b)(l)
91.04W
CR
Number
25(a)
CR
CR
33(b)
33(a)
CR
CR
CR
55(1)
60(e)
51(b)
Rule
Hearing on substitution of parties ..... .
Interrogatory
After taken ...................... .
Service, answer procedure .......... .
Judgment
Default notice .................... .
Vacation notice ................... .
Jury instructions, proposed ........... .
Mail
Additional time ................... .
Manner, proof .................... .
Mandate on superior court ........... .
Other than summons, process ......... .
Out of state ........................ .
Papers
Of court of appeals ............... .
Of supreme court ................. .
Petition
On writ .......................... .
Perpetuation of testimony .......... .
Pleadings
Copies .......................... .
CR
CR
ROA
CARO A
6(e)
5(b)(2)
1-15
15
CR
CR
ROA
CARO A
CR
5(a),(c),
IO(e)
I-4
4
5(b)(3)
CR
ORA
ROA
CARO A
ROA
CARO A
CR
ROA
CARO A
ROA
CAROA
CR
CR
55(fX2)
3.l(b)
I-4
Subpoena
Deposition, failure to serve ......... .
Who may ........................ .
Summons
Foreign country .................. .
Manner ......................... .
Methods ......................... .
On joint defendants ............... .
Proof ............................ .
Publication ...................... .
Sheriff ........................... .
Telegraph, manner .................. .
Territorial limits .................... .
Upon attorney ..................... .
Writ of garnishment
Method ............. , ........... .
Proof ............................ .
54
5(c)
1-4
4
l-57(e)
57(e)
5(t)
4(e)
CAROA
ROA
3
ROA
CARO A
CR
I-57(e)(2)
57
27(a)(2)
CR
CR
ORA
Discipline of attorney ............. .
Proof required for awarding costs in default
judgment . . . . . . . . . . . . . . . . . . . . . . . .
CR
Receivership, notice of . . . . . . . . . . . . . . .
CR
Required when . . . . . . . . . . . . . . . . . . . . . .
CR
Show cause order on vacation of judgment
CR
CARO A
ROA
Order ........................... .
Time limit . . . . . . . . . . . . . . . . . . . . . . . .
4
1-54
CAROA
ROA
CARO A
CR
CR
CR
CR
CR
CR
CR
CR
CR
CR
CR
CR
1-3
5(a),(c),
IO(e)
3.l(b)
55(b)(4)
66(e)
5(a)
60(e)(3)
46(d)( 1)(ii)
1-4,
I-34(1)
4, 34(1)
1-34(2)
34(2)
30(g)(2)
45(c)
4(i)
4(d)
3(a)
20(d)
4(g)
4(c)
4(c)
5(b)
4(f)
5(b)(I)
SPR
SPR
91.04W(a)
91.04W(e)
CAR
SAR
3
3
~loo
Court of appeals .................... .
Supreme court, time, place ........... .
!Index to Parts l-IV----1' 1151
Index to Parts I-IV
Rule
Number
Settlement
Attorney to notify court ............. .
Outside court ...................... .
CR
CR
4l(e)
38(e)
Severance
Motion
Court authority to act ............. .
Timeliness, waiver ................ .
Of defendants ...................... .
Of offenses ......................... .
CrR
CrR
CrR
CrR
4.4(e)
4.4(a)
4.4(c)
4.4(b)
Shareholder
Derivative action
Sheriff
Attachment, endorsement of writ
Habeas corpus, service .............. .
Summons
Proof of service ................... .
Service .......................... .
Show Cause
Vacation of judgments ............... .
CR
SPR
CrR
State Bar Counsel
Employed ..... , ................... .
Represents association ............... .
Statement of Fact
Agreed, appeal
4(g)( 1)
4(c)
CR
60(e)(3)
14(8)
2S
APR
8
ORA
2.3(a)
APR
APR
9(B)(2)(c)
7
APR
APR
APR
SG
SF
SC
DRA
ORA
ROA
CARO A
ROA
Amendments, notice to settle ......... .
CARO A
ROA
Appeal of criminal case, filing ........ .
CARO A
Certification
ROA
By judge ......................... .
CARO A
ROA
Change, death of judge ............ .
CARO A
ROA
When causes consolidated ......... .
CARO A
Change or death of judge, certification settled by stipulation of the parties . . . . CAROA
Court instructions included . . . . . . . . . . . .
ROA
CARO A
ROA
Criminal case, appeal ................ .
CARO A
ROA
Exhibits, numbering ................. .
CARO A
Filing
ROA
Extension of time limit
CARO A
Notification to court to which appeal is
taken..........................
ROA
(Index to Parts 1-IV--p 116]
90.04W
I00.04W
CR
CR
State
Appeal of criminal cases . . . . . . . . . . . . . . CAROA
As obligee . . . . . . . . . . . . . . . . . . . . . . . . . . CAROA
State Bar Association
Admission
See also Admission to Practice
For educational purposes .......... .
Chairman of the disciplinary board, appointment of hearing panel ........ .
Legal interns
License to practice law
app\ication, approva\ ............ .
Membership required, exception ...... .
Oath of attorney
Form ........................... .
Taking .......................... .
Time limit ....................... .
23.I
v
IX D
l-34(S)
34(S)
1-36
36
l-46(e)(2)
46(e)(2)
1-37
37
1-38
38
1-39
39
38
1-34(9)
34(9)
l--46(e)(l)
46(e)(2)
1-34(7)
34(7)
1-34(2)
34(2)
l--40(.a)
Rule
CARO A
Order . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
Time limit . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
Form . ... . .. . . . . . . . . . . . . . .. . . .. . ...
ROA
CARO A
Returning to adverse party . . . . . . . . . . . .
ROA
CARO A
Service, time limit . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
Short record . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CAROA
Steps, proceedings, deemed as part of cause
ROA
CARO A
Transcript . . . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
Use by counsel . . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
What constitutes . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
When sent as part of the record on appeal CAROA
Written memorandum of superior court
judge . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CAROA
Statute
Computation of time ................ .
Conflict with civil rules .............. .
Injunctive relief ..................... .
lnterpleader ........................ .
Jury trial, right preserved ............ .
Juvenile court rules to supplement .... .
Of frauds, affirmative defense, pleading .
Of limitations, affirmative defense, pleading
Private, pleading .................... .
Service of papers other than summons, process ......................... · · · ·
Tolling ............................ .
Vacation of judgment ............... .
Stay of Proceeding
Allowed, when ..................... .
Automatic, when ................... .
Bond .............................. .
Effect of bond ...................... .
In favor of state .................... .
Motion for new trial, judgment ....... .
Other ............................. .
Supreme court, powers not limited .... .
Upon appeal, supersedeas bond ....... .
CR
CR
CR
CR
CR
JuCR
CR
CR
CR
CR
CR
CR
ROA
CARO A
CR
ROA
ROA
CR
CR
CR
CR
CR
Stipulations
Superior court procedure, effect
Submission
Failure to appear in court
Subpoena
Deposition
Authority, place of examination, foreign,
local ......................... .
Foreign for local action ............ .
Issuance ......................... .
Local for foreign action ............ .
Discipline of attorney ............... .
Evidence, command to produce ....... .
Failure to obey deemed contempt ..... .
Form ............................. .
Generally .......................... .
Hearing ........................... .
Issuance in criminal case ............. .
Notice of prosecution in criminal case ..
Service
Territorial limits .................. .
CR
Number
40(a)
1-4
4
1-34(2)
34(2)
1-34(6)
34(6)
l-40(b)
40(b)
l-34(2)
34(2)
1-34(4)
34(4)
1-34(3)
34(3)
1--46(e)(7)
46(e)(7)
l-40(b)
40(b)
l-3S
3S
44(1)
1-34(8)
34(8)
6(a)
81(b)
6S(e)
22(b)
38(a)
I.I
B(c)
8(c)
9(j)
S(I)
3(b}
60(e)(4)
S7(c)
S7(c)
62(a)
23
23(2)
62(e)
62(b)
62(1)
62(g)
62(d)
2A
ROA
6
CR
CR
CR
CR
ORA
CR
CR
CR
CrR
CR
CrR
CrR
4S(d)
4S(d)(3)
4S(a)(3)
4S(d)(4)
3.2(h)
4S(b)
4S(I)
4S(a)91)
4.8
4S(e)
101.16W(a)
101.16W(d)
CR
4(1)
Index to Parts I-IV
Who may ........................ .
Trial .............................. .
Witnesse$ .......................... .
Rule
CR
CR
CR
Suits
Capacity of parties to sue ............ .
Class actions ....................... .
CR
CR
17(a)
28
CR
CrR
CR
CR
CR
CR
CrR
CR
CR
4(b)(I)
2.2(2)
4(b)(2)
4(a)
20(d)
3(a)
2.2(!)(2)
4(-)
4(g)(3)
CR
CR
4(c)
4(d)(I)
CR
CR
CrR
CR
CR
CR
4(i)(J)
4(i)(2)
2. l(d)(2)
4(e)
4(d)(2)
4(g)
CR
CR
CR
CR
CR
55(b)(3)
4(d)(3)
4(g)(3)
Swnmons
See also Indictment Process
Contents ........................... .
Failure to appear ................... .
Form ............................. .
Issuance ........................... .
Joint defendant ..................... .
Method of commencing action ....... .
New, issuance ...................... .
Process, deemed .................... .
Publication, proof ................... .
Service
By sheriff ........................ .
Filing complaint .................. .
Foreign country
manner ........................ .
proof .......................... .
Generally ........................ .
Out of state ...................... .
Personal, in state ................. .
Proof ............................ .
Publication
application for judgment ......... .
authorized ..................... .
proof .......................... .
Return .......................... .
Territorial lim.i ts . . . . . . . . . . . . . . . . . . .
Mental proceedings
Initial detention ................. , .
Third party brought in .............. .
Superior Coort
See also Court
Action
Against nonresident . . . . . . . . . . . . . . . .
Brought in wrong county . . . . . . . . . . .
Dismissal . . . . . . . . . . . . . . . . . . . . . . . . .
Effect
of effective date of civil rules ..... .
of tolling statute ................ .
Form ........................... .
Lis pendens ...................... .
Method ......................... .
Adjournment ....................... .
Adoption report .................... .
Appeal from ....................... .
Number
45(c)
45(e)
45(a)
4(g)
4(f)
MPR
CR
2.1
14(a)
CR
CR
CR
82(a)
82(b)
41
CR
CR
CR
CR
CR
CR
SPR
ROA
CAROA
Appearance, voluntary .............. .
CR
Applicability of civil rules ............ .
CR
CR
Assignment of cases ................. .
Authorization of estate expenditures for miSPR
nor ............................ .
ROA
Certificate of sufficiency of bond sureties
CARO A
Civil rules
CR
Applicability ..................... .
Conflict with statutes .............. .
CR
Effective dates .................... .
CR
Official abbreviation ............... .
CR
CR
Scope ........................... .
CR
Title .... ·........................ .
Class actions ....................... .
CR
Clerk
Books, records kept by ............ .
CR
Powers, duties .................... .
CR
Preparation of transcript on appeal .. . CARO A
Report of disposition of criminal case
Ar
Commissioners ..................... .
CR
86
3(b)
2
3(d)
3(a)
77(g)
93.04W
1-14
14
4(d)(4)
81(a)
40
98.20W
1-27
27
8l(a)
81(b)
86
85
1
85
23
79
78
44(1)
I
53.2
Rule
CR
CR
CR
CR
CR
CR
ROA
CARO A
Report of disposition forwarded to State
AR
Patrol ........................ .
CR
Cro~s. claims, pleading ............... .
CR
Decmons .......................... .
CR
Default ............................ .
CR
Defenses, objections ................. .
ROA
Defined ........................... .
CARO A
Depositions, persons before whom may be
CR
taken ........................... .
Determination
ROA
Appeal of ........................ .
CARO A
ROA
Review, when .................... .
CARO A
CR
Establishment of times. places of business
CR
Evidence .......................... .
CR
Exceptions, unnecessary when ........ .
CR
Execution .......................... .
Extension of time for tiling statement of fact ROA
CR
Findings of fact .................... .
ROA
Fixes amount of supersedeas bond .... .
Forwards disposition of criminal cases to
AR
State Patrol ..................... .
Garnishment
SPR
Judgment on ..................... .
SPR
Setting aside ..................... .
CR
Hearing, matters considered .......... .
CR
Holidays ........................... .
ROA
Increase in amount of appeal bond .... .
CARO A
CAROA
Increase in amount of supersedeas bond
Injunction
ROA
Appeal .......................... .
CARO A
CR
Generally ........................ .
Temporary appeal of .............. . CAROA
CR
lnterpleader ........................ .
CR
Interrogatory, to parties, procedure .... .
Intervention in action ............... .
CR
Joinder
CR
Of claims ........................ .
CR
Of remedies ...................... .
Permissive ....................... .
CR
Persons needed for just adjudication ..
CR
Judge
Certification, statement of fact ...... . CAROA
CR
Disability ........................ .
Powers .......................... .
CR
Written memorandum part of statement
of fact ........................ .
RAO
CAROA
Judgment
Affirmation, reversal, modification
ROA
Amendment ...................... .
CR
Appeal of ........................ .
ROA
CAROA
Declaratory ...................... .
CR
Default .......................... .
CR
Directed verdict .................. .
CR
Entry ........................... .
CR
For specific acts .................. .
CR
Generally ........................ .
CR
Not withstanding verdict, ~ppeal .... .
CR
Offer of ......................... .
CR
On garnishment .................. .
SPR
Relief ........................... .
CR
Summary ........................ .
CR
Complaint, filing time ............... .
Conclusions ........................ .
Conflict of statutes, rules ............. .
Consolidation ...................... .
Cost, statutory authority ............. .
Counterclaims, pleading ............. .
Criminal cases, procedure on appeal ... .
Number
5(d)(I)
52
8l(b)
42
54(d)
13
l-46(a)
46(a)
I
13
52
55
12
l-2(b)
2(b)
28
1-14
14
1-17
17
77(k)
43
46
69
1-34(2)
52
1-23(3)
91.04W(d)
91.04W(b)
16(a)
77(e)
1-22(2)
22(a)
23(3)
1-14
14
65
14
22
33
24
18(a)
J8(b)
20
19
37
63(b)
77(c)
1-34(8)
34(8)
1-16
59
1-14
14
57
55
50
58
70
54
50(c)
68
91.04W(d)
60
56
(Index to Parts 1-IV---p 1171
Index to Parts I-IV
Rule
Jurisdiction
Defendant right to challenge ....... .
Dismissal of appeals ............... .
CR
ROA
CARO A
CARO A
CR
CR
Effect of appeal ................... .
Obtaining ........................ .
Original ......................... .
Jurnr
Note taking ...................... .
Orientation ...................... .
Jury
Closmg .......................... .
Instructions, deliberation ........... .
Less than twelve .................. .
Verdict .......................... .
Local rules
Adoption ........................ .
Copies .......................... .
Format .......................... .
Mail registered, certified ............. .
Mandate served upon to uphold supreme
court jurisdiction ................ .
Mental proceedings See Mental Proceedings
CR
CrR
48
49
CR
CR
CR
CR
83(a)
83(c)
83(b)
5(g)
ROA
1-15
CR
CR
CR
CR
CR
ROA
CARO A
ROA
CARO A
ROA
CARO A
CR
CR
ROA
CARO A
Service required, when ............. .
CR
CR
Perpetuation of testimony ............ .
Pleading
CR
Allowed, form of motion ........... .
CR
Amended, supplemental ........... .
CR
Form ...... .' .................... .
CR
General rules ..................... .
CR
Signing .......................... .
CR
Special matters ................... .
CR
Pretrial procedure, formulating issues .. .
Process
CR
Amendment ...................... .
CR
Territorial limits .................. .
CR
Powers ............................ .
CR
Receivership proceedings ............ .
CR
References, powers, duties ........... .
CR
Reporter, electronic recording ........ .
CR
Seal ............................... .
CR
Security, proceedings against ......... .
CR
Seizure of person, property ........... .
CR
Separate trial ....................... .
CR
Service, filing of pleadings, other papers
Sessions
CR
Times ........................... .
CR
More than one judge .............. .
Statement of fact, certification, change,
death of judge . . . . . . . . . . . . . . . . . . . . CAROA
Stay of proceedings to enforce judgment
CR
Stipulations, procedure, effect . . . . . . . . .
CR
Submission on briefs . . . . . . . . . . . . . . . . .
CR
Subpoena . . . . . . . . . . . . . . . . . . . . . . . . . . .
CR
Substitution of parties . . . . . . . . . . . . . . . .
CR
Summer recess . . . . . . . . . . . . . . . . . . . . . .
CR
Summons
CR
Contents ......................... .
CR
Form ........................... .
!Index to Parts 1-IV--p 118)
47G)
6.2
47
Misjoinder, nonjoinder .............. .
Moneys, deposit in court ............. .
Oath .............................. .
Official record, proof ................ .
Open always ....................... .
Order
Affirmation, reversal, modification ...
Pretrial .......................... .
Relief ........................... .
Reviewed, when .................. .
15
3(c)
77(a)
CR
CR
Execution, countermanded ......... .
4(d)(4)
l-19
19
CR
CR
CR
Method of p\acin.g trial action.'!> on. ca\en.daT
Appeal of ........................ .
Number
51
40(b)
21
67
43(d)
44
77(d)
Issuance ......................... .
Method of commencing action ..... .
Process, deemed .................. .
Service
foreign country ................. .
personal ....................... .
proof .......................... .
publication ..................... .
with complaint ................. .
Sheriff to serve ................... .
Supersedeas bond, discretion in fixing ..
Third party practice ................. .
Time
Computation ..................... .
Enlargement or extension .......... .
Trial
Defined ......................... .
Jury docket ...................... .
New ............................ .
Venue .......................... ·. ·.
Verdict, directed .................... .
Vesting title ........................ .
Writ of restitution .................. .
Bond
Amount ........................... .
Deposit in lieu of ................... .
Effect of ........................... .
New, when allowed ................. .
1-14
14
Obligees ........................... .
60
l-17
17
S(a)
27
7
15
IO
8
II
9
16
4(h)
4(f)
77(b)
66
53.l
80(b)
77(h)
65.l
64
Required when ..................... .
Stay of proceedings upon appeal ...... .
Sureties, justification ................ .
Supreme Court
Acting chief justice ..................
Acts declared contempt of court ......
Adjournment .......................
Admission to practice order ..........
Affirmation of order, judgment .......
Appearance
Failure deemed submission .........
.
.
.
.
.
77(f)
77(i)
38
62
2A
77(1)
45
25
n(h)
4(b)(l)
4(b)(2)
CR
CAROA
CR
4(i)
4(d)(2)
4(g)
4(d)(3)
4(d)(l)
4(c)
23(3)
14
CR
CR
6(a)
6(b)
CR
CR
CR
38(-)
39
59
82(a)
CR
CR
50
70
ROA
CARO A
61
CR
ROA
CARO A
CAROA
ROA
CARO A
ROA
CARO A
ROA
CARO A
CARO A
CR
ROA
CARO A
SAR
SAR
SAR
APR
ROA
ROA
CARO A
Personal ......................... .
ROA
CARO A
Appointment of guardian for respondent attorney .. ......... ... . .. . . .. ......
ORA
Bailiff, appointment, duties ...........
Books, records .....................
Business meetings, minutes ...........
Calendar ..........................
.
.
.
.
.
Cause, assignment .................. .
42
5
CR
CR
CR
CR
CR
Number
4(a)
3(a)
4(-)
I-{) I
Supe~as
1-16
16
1-30
30
16(b)
Rule
CR
CR
CR
Chief justice
Acting ........................... .
Allowance of cost for indigent criminal
Assignment of
causes ......................... .
judge .......................... .
Choice of ........................ .
Coordinator between departments ... .
Determination of opinions ......... .
Duties ........................... .
Executive officer .................. .
Extension of time for filing statement
fact .......................... .
SAR
SAR
SAR
ROA
CARO A
ROA
CARO A
SAR
ROA
CARO A
ROA
CARO A
SAR
SAR
SAR
SAR
SAR
SAR
of
ROA
1-23(1)
23(1)
23(3)
1-23(2)
23(2)
1-28
28
1-25
25
23(i)
62(d)
1-26
26
9
12
5
SE
1-16
!--{)
6
1-5
5
4.l(b),
4.2(b)
19
16(7)
13
1-12
12
1-11
II
9
1-47(!)
47(1)
1-11
11
6
8
8
4
8
8
1-34(2)
Index to Parts I-IV
Rule
CAROA
SAR
Order of court, hearing en bane ..... .
SAR
Sit, preside in both departments .... .
ROA
Civil causes, jurisdiction, securing
CAROA
Clerk
SAR
Acting as attorney ................ .
SAR
Appointment ..................... .
SAR
Bond ............................ .
SAR
Books, records ................... .
SAR
Compensation .................... .
SAR
Deputies ......................... .
SAR
Duties ........................... .
Entering notice of appeal notification on
ROA
civil docket ................... .
CARO A
Oath ............................ .
SAR
SAR
Office hours ...................... .
Powers, duties .................... .
SAR
CAR
Responsible for court of appeals clerk
Setting cause on docket ............ .
ROA
Computation of time ................ .
ROA
Contempt, acts designated ........... .
SAR
Countermand of execution of superior court
order ........................... .
ROA
CARO A
Decision
SAR
Concurrence of judges . . . . . . . . . . . . . .
Final . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SAR
Writing, filing . . . . . . . . . . . . . . . . . . . . .
ROA
Decree, final . . . . . . . . . . . . . . . . . . . . . . . .
SAR
Department
Chief justice coordinator . . . . . . . . . . . .
SAR
Number of judges to be present . . . . . .
SAR
One designated . . . . . . . . . . . . . . . . . . . .
SAR
Powers . . . . . . . . . . . . . . . . . . . . . . . . . . .
SAR
Two designated . . . . . . . . . . . . . . . . . . . .
SAR
Dismissal of appeal . . . . . . . . . . . . . . . . . .
ROA
Docket
ROA
Causes set . . . . . . . . . . . . . . . . . . . . . . . .
CARO A
Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
Documents, order of filing, service . . . . .
ROA
CARO A
Extension of time for filing statement of
fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
Grant, denial of petition for reinstatement of
attorney convicted of felony ....... .
ORA
Grant of authority to discipline attorneys
ORA
ROA
Habeas corpus ..................... .
CARO A
Hearing
Motion
ROA
for new bond ................... .
CARO A
ROA
to dismiss appeal, days allo.wed ....
CARO A
ROA
Of causes on merits ............... .
Petition on writ, preliminary ........ .
ROA
CARO A
Time, place ...................... .
SAR
Upon discipline of attorney ........ .
ORA
Judge
Assignment ...................... .
SAR
Four per department .............. .
SAR
Interchangeable .................. .
SAR
SAR
Junior, minutes of business meetings
SAR
Order of court, hearing en bane ..... .
Pro tempore ...................... .
SAR
Senior, right to act ................ .
SAR
Seniority determination ............ .
SAR
Judgment
Effect of ......................... .
ROA
CARO A
Number
34(2)
Execution under .................. .
7
6
l-J2
32
16(3)
16(1)
16(4)
16(7)
16(1)
16(2)
16(6)
I-JJ(5)
3J(5)
16(4)
16(5)
16
22
1-11(2)
1-9
12
I-JO
JO
6
15
Final ............................ .
Law librarian
Duties ........................... .
Selection ........................ .
Legal interns
License to practice law
issuance ....................... .
renewal ........................ .
revocation ..................... .
Memorial exercises .................. .
Mental illness of attorney ............ .
Modification of order, judgment
Motion for new trial
Order of filing, service
Ruling .......................... .
New trial, motion for ruling .......... .
Notice of appeal .................... .
Opinions
Determination .................... .
Filing ........................... .
Per curiam ....................... .
Signed, exception ................. .
Order of filing, service ............... .
Personal appearance ................ .
1-16
J
8
6
6
6
6
1-8
I-11(2)
11(2)
I-10
10
I-4
4
1-34(2)
34(2)
9.2(e)
I.I
1-56
56
1-29
29
I-5J(a)
5J(a)
I--6J
I-57(g)
58(g)
4
6.5--6.6
6
6
6
IJ
7
21
10
II
I--60
60
Powers on appeals .................. .
Process, style ....................... .
Reinstatement of attorney, review ..... .
Reporter
Appointment ..................... .
Duties ........................... .
Salary .... : . ..................... .
Reporting of criminal cases .......... .
Reversal
Decision, effect ................... .
Order, judgment .................. .
Review
Inactive status of attorney ......... .
What may be .................... .
Rules on appeal See Appeal
Seal ............................... .
Service
Mandate on superior court ......... .
Rule
ROA
CAROA
SAR
SAR
SAR
Number
I--00
60
J
18(a-f)
18
APR
APR
APR
SAR
ORA
ROA
CARO A
9(B)(2)(d)
9(E)(l)
9(E)(2)
20
4.l(b),4.2
I-16
16
ROA
CARO A
ROA
CrR
SAR
I-4
4
I-16
101.08W(b)
4
SAR
SAR
SAR
SAR
ROA
CARO A
ROA
CAROA
ROA
SAR
ORA
14
14
14
14
I-4
4
I-5
SAR
SAR
SAR
SAR
ROA
CAROA
ROA
CAROA
ORA
ROA
5
I-16
2
10.2(b)(5)
17(1)
17(2--6)
17(1)
22
I--61
61
I-16
16
10. l(d)
I-17
SAR
ROA
CAROA
ROA
Papers ........................... .
CAROA
SAR
Session, time, place ................. .
ROA
Statement of fact, order of filing, service
CARO A
CR
Stay of proceedings, powers not limited
Taking papers from clerk's office, court
room . . . .. .. . . .. . . . .. . . . ... . . . . ..
ROA
CAROA
ROA
Violation of rules . . . . . . . . . . . . . . . . . . . .
CAROA
Voluntary withdrawal of appeal, discretion
of court . . . . . . . . . . . . . . . . . . . . . . . . .
ROA
Writ
ROA
Certiorari
CAROA
ROA
Extraordinary .................... .
CARO A
Mandamus ....................... .
ROA
CARO A
Prohibition ....................... .
ROA
CARO A
Restitution ....................... .
ROA
CARO A
Review
ROA
I-15
15
I-J
J
4
I-4
4
62(g)
I-IJ
13
I-7
7
I-19
1-57
57
I-57
57
I-57
57
I-57
57
I--61
61
I-57
!Index to Parts I-IV-----? 1191
Index to Parts I-IV
Rule
CARO A
Rule
Number
57
Town
Pleading existence
Sureties
Certificate of sufficiency
ROA
CARO A
CARO A
I-27
27
29
ROA
CARO A
In supersedeas .................... .
ROA
CARO A
On appeal ....................... .
ROA
CARO A
Judgment, affirmance, entered against sureties ............................. CAROA
Justification . . . . . . . . . . . . . . . . . . . . . . . . .
ROA
CARO A
Objection to ....................... .
ROA
CARO A
Payment of cost .................... .
ROA
CARO A
Proceedings against
CR
I-24
24
1-23
23
I-22
22
Disqualification after justification, effect
Execution of bond
For injunction appeal ............. .
31
I-26
26
I-27
27
I-31
31
65.l
Traffic Cases
Juvenile court, decline of jurisdiction
Te111porary Injunction See Injunction
Territorial Limits
Process ............................ .
Testimony
Discipline of attorney, perpetuation
Evidence, at later trial, report, proof ....
Interrogatory See Interrogatory
Perpetuation of See Perpetuation of Testimony
Retrial, nonjury cases ............... .
Trial
Former witness, admission ......... .
Multiple examinations ............. .
Oral in open court ................ .
Third Party
Answer ............................ .
Claim
See also Claim
Contents of pleading .............. .
Defense presentation .............. .
Dismissal of action, involuntary ..... .
Trial, separate .................... .
Complaint ......................... .
Defendant as plaintiff ............... .
Tort case, not applicable when ....... .
When plaintiff may bring in .......... .
CR
ORA
CR
2.6,
2.l(c)(5)
43(h)
CR
43(j)
CR
CR
CR
43(i)
43(a)(2)
43(a)(l)
CR
7(a)
CR
CR
CR
CR
CR
CR
CR
CR
8(a)
12(b)
4I(c)
42(b)
7(a)
14(a)
14(c)
14(b)
Time
See also Filing Senice
Argument, limitation on time ......... . CARO A
Computation
Court of appeals .................. . CARO A
CrR
Generally ........................ .
CR
Superior court .................... .
ROA
Supreme court .................... .
CR
Enlargement or extension by court .... .
CR
Holiday, effect on computation ....... .
CrR
New, motion disposition ............. .
ToUing Statute
Civil action
Tort Case
Third party
!Index to Parts I-IV--p 120)
4(f)
CR
CR
49
9
8.I
6(a)
I-9
6(b)
6(a)
7.6(e)
3(b)
14(c)
JuCR
9(h)
6.5
Transcript
Appeal, contents, style, preparation, certifiROA
cation .......................... .
CARO A
ROA
Filed before docket set .............. .
CARO A
ROA
Judgment, ·effect of .................. .
CARO A
1-11(2)
11(2)
I-59
59
Transfer of Interest
Substitution of parties
25(c)
Trial
Adverse party may bring issue ........ .
By jury ............................ .
Case not fully adjudicated on motion .. .
Change of judge .................... .
-T-
CR
Number
CR
CR
CrR
CR
CR
CrR
CR
CPR
CR
CR
CrR
Civil cases, criminal case priority ...... .
Criminal, preference over civil ........ .
Conduct ........................... .
Consent, both parties for a jury ....... .
Consolidation of actions ............. .
Continuance when .................. .
Continuances, absence of evidence, procurCR
ing ............................. .
Court
CR
Issues, how tried .................. .
May disregard proposed instructions
CR
when ......................... .
CR
Rule ............................ .
CrR
Criminal charge, dismissal with prejudice
CR
Defined ........................... .
Dismissal of action, involuntary ....... .
CR
Examination
Not precluded by interrogatory, deposiCR
tions ......................... .
Scope ........................... .
CR
Evidence
Excluded, offer of proof ........... .
CR
Testimony at former .............. .
CR
Injunction, preliminary, consolidated with
CR
hearing ......................... .
Issue
CR
Of fact .......................... .
Of law .......................... .
CR
Judge
CR
Disability ........................ .
Jury
Advisory ........................ .
CR
CR
Demand for, fee .................. .
Docket .......................... .
CR
Issue, how tried ................... .
CR
Motion for directed verdict not a waiver
CR
Return of fee, forfeit .............. .
CR
Right preserved ................... .
CR
Specification of issues ............. .
CR
Waiver .......................... .
CR
Waiver of right to on omitted issues ..
CR
Less than twelve .................... .
CrR
New
Affidavit, time .................... .
CrR
Direction by supreme court ........ .
ROA
Grounds
for reconsideration .............. .
CR
new See new grounds
Motion
documents required ............. .
ROA
CAROA
CR
notwithstanding verdict .......... .
1--44(1)
44(1)
40(a)(S)
6. l(a)
56(d)
40(t)
3.3(c)
40(c)
DR7-106
39(c)
42(a)
3.3(e)
40(e)
39(-)
5I(e)
39(b)
3.3(f)
33(-)
4I(b)(l)
43(f)(2)
43(b)
43(c)
43(i)
65(a)(2)
40(a)(I)
40(a)(2)
63(b)
39(c)
38(b)
39(a)
39(-)
50(a)
38(e)
38(a)
38(c)
38(d)
49(a)
6.l(b)
7.6(c)
I-16
59(a)
I-4
4
50(c)
Index to Parts I-IV
Rule
ROA
on appeal ...................... .
CARO A
CR
time ........................... .
CR
Nonjury, further testimony ......... .
ROA
Powers of supreme court upon granting
CR
Reopening judgment .............. .
SAR
Return of statement of facts, exhibits
CR
Stay on motion for ................ .
New grounds
CrR
Generally ........................ .
CrR
Motion, time ..................... .
CrR
Reasons, statement ................ .
CR
Nonjury, further testimony in new trial .
CR
Notice, not of issue ................. .
CR
Objection sustained ................. .
CrR
Periods excluded .................... .
Pleadings may be amended to conform to
evidence ........................ .
CR
CR
Preferences ........................ .
CR
Proceeding when jury has agreed ...... .
CPR
Publicity ........................... .
CR
Refusal to testify, penalties ........... .
Resetting .......................... .
CR
Separate
CR
Allowed when .................... .
Counterclaims, cross claims ........ .
CR
Permissive joinder ................ .
CR
Speedy, court responsiblility .......... .
CrR
Subpoena
Hearing, trial ..................... .
CR
Issuance ......................... .
CR
Testimony
CR
Evidence at later trial, report, proof ..
CR
Multiple examinations ............. .
CR
Oral in open court ................ .
To be conducted in open court ....... .
CR
Number
1-16
16
59(b)
43(j)
1-16
59(g)
16(9)
62(b)
7.6(a)
7.6(b)
7.6(d)
43(j)
40(a)(I)
43(c)
3.3(d)
15(b)
40(c)
49(e)
DR7-107
43(!)(3)
40(d)
42(b)
13(i)
20(b)
3.3(a)
45(e)
45(a)(2)
43(h)
43(a)(2)
43(a)(I)
77(j)
-VVenue
Change
Jury discharge
Ordered when
improper county ................ .
on motion of party .............. .
Commencement of actions
Right to change .................. .
Two or more counties ............. .
Where commenced ................ .
Mental Proceedings
Challenge to detention ............. .
Conditional release hearing ........ .
General ......................... .
Release of records ................ .
Objection of joined party ............ .
CrR
5.2(c)
CrR
CrR
5.2(a)
5.2(b)
CrR
CrR
CrR
5.l(c)
5.l(b)
5.l(a)
MPR
MPR
MPR
MPR
CR
5.4
5.2
5.1
5.3
19(a)
CR
CR
CrR
49(i)
50(a)
6.6(c)
Number
-WWarrant See Specific Subject
Waiver
Affirmative defense, pleading ......... .
Docket fee
Civil case ........................ .
Criminal case .................... .
CR
ROA
CAROA
ROA
CARO A
CR
Jury trial, failure to serve demand ..... .
Mental proceedings
Conditional release and revocation or.
modification, hearing ........... .
Of defenses ........................ .
Witness
Adverse party ...................... .
Attorney
Appearing for client ............... .
On behalf of client ................ .
Contact with, limitation .............. .
Discipline of attorney ............... .
Excused when ...................... .
Former, unavailable, admission of testimony
Hostile, examination, scope .......... .
Immunity when .................... .
Local administrative committee ....... .
Oath
Material, regulations ................ .
Not included on grounds of interest ... .
Superior co1:1rt .................... .
Persons incompetent to testify ........ .
Subpoena
Divorce action ................... .
Form, issuance ................... .
Testimony
See also Testimony
Proposed ........................ .
Unwilling, examination, scope ........ .
Who may testify .................... .
Writ
Abolished, relief from judgment
Attachment, receipt by sheriff ........ .
Certiorari
Petition procedure ................ .
MPR
CR
CR
CPE
CR
CPR
DRA
CrR
CR
CR
CrR
DRA
8(c)
1-IO(a)(l)
IO(a)(I)
I-10(a)(2)
IO(a)(2)
38(d)
4.S(b)
12(h)
43(t)
19
43(g)
DRl-109
3.2(k)
6.12(b)
43(i)
43(b)
6.14
IV H
CrR
CrR
CR
CrR
6.13
6.12(d)
43(d)
6.12(c)
SPR
CR
94.0IW(b)
45(a)
CrR
CR
CrR
IOl.16W(e)
43(b)
6.12(a)
CR
SPR
60(d)
90.04W
Denial of petition ................... .
Verdict
Correction of informal ............... .
Directed, motion .................... .
Forms ............................. .
General
Answers to interrogatories, instructions to
jury .......................... .
Defined ......................... .
Judgment, motion notwithstanding .... .
Jury, poll .......................... .
Manner of giving ................... .
Mental proceedings, commitment hearing
Prejudiced, grounds for new trial ...... .
Return agreement ................... .
Several defendants, regulations ....... .
Special findings ..................... .
Special, instructions, questions ........ .
Rule
CR
CR
CR
CrR
CR
MPR
CR
CrR
CrR
CrR
CR
49(b)
49(-)
SO(b)
6.16(a)(3)
49(!)
3.4(c)
59(a)
6.16(a)(2}
6.16(a)(I)
6.16(b)
49(a)
Extraordinary, procedure for petitions ..
Garnishment
Irregularities ..................... .
Service
method ........................ .
proof .......................... .
ROA
CAROA
ROA
CAROA
CARO A
SPR
91.04W(b)
SPR
SPR
ROA
ROA
CARO A
91.04W(a)
91.04W(e)
1-56
I-58(d)
ROA
ROA
CAROA
ROA
ROA
CARO A
1-58
ROA
ROA
CAROA
Quo warranto, petition, directed to state officer ............................ .
ROA
Restitution ......................... .
ROA
1-58
I-57
Issuance ........................... .
Mandamus, petition
Directed to state officer ............ .
Procedure ........................ .
Original, directed to state officer ...... .
Petition procedure generally .......... .
Prohibition, petition
Directed to state officer ............ .
Procedure ......... , .........•.....
I-57
57
l-57(h),58(g)
57(h)
57
56
I-57
57
I-58
I-57
57
57
1-58
I-61
(Index to Parts 1-IV--p 1211
inoex to Parts I-IV
Rule
CARO A
ROA
Review, petition, procedure
ROA
CAROA
CR
Service, telegraph ................... .
AR
Report of disposition of criminal case
fIndex
to Parts 1-IV---p 1221
Number
61
11--4
1-57
57
5(h)
I
Part V
RULES FOR COURTS OF LIMITED JURISDICTION
Title of Rules
Abbreviations
Formerly
Court. The Administrator for the Courts shall be the
chairman of the committee.
(J)
(JCR)
(b) Committee Responsibilities. The committee shall:
(JCrimR)
(I) Study syllabus. Promulgate a syllabus for study by
(JTR)
candidates to prepare them for the responsibilities of a
justice of the peace. The syllabus shall include, but is
not necessarily limited to, constitutional and statutory
provisions and Supreme Court Rules relating to the
conduct of justice of the peace courts, state statutes
JUSTICE COURT ADMINISTRATIVE RULES
governing the operation of motor vehicles, basic rules of
(JAR)
evidence, and rights of a criminal defendant.
(Formerly: Administrative Rules for Justice Court; General Rules for
(2) Examination. Prepare an examination to deterCourts of Limited Jurisidiction (J))
mine the level of proficiency of candidates on subjects
Table of Rules
included in the study syllabus. The examination shall
require written responses to written interrogatories, and
may also include an oral portion.
RULE JAR I
Qualifying Examination of Lay
Candidates for Justice of the Peace
(3) Administration. Announce the time and place for
the examination and provide for monitoring and securi(a) Examining Committee
(b) Committee Responsibilities
ty during the examination.
(c) Unsuccessful Candidates
(4) Grading. Arrange for the grading of the examination papers and determine a level of adequate
RULE JAR 2
Scope of Rules
competence.
RULE JAR 3
Definition of Terms
(5) Certification. Certify to the auditor of the county
in which the applicant resides the names of those appliCanons of Judicial Ethics
RULE JAR 4
cants qualified by examination for performing the duRULE JAR 5
Presiding Judge, Multiple Judge
ties of a justice of the peace.
Justice Court District
(c) Unsuccessful Candidates. A candidate who fails to
(a) Appointment
pass the qualifying examination may, on petition to the
(b) Duties
Committee, be given additional examinations at times
RULE JAR 6
Records: Separate Dockets-and places set by the committee. [Adopted June 21,
Contents
1962, effective June 21, 1962.]
Violation
of
Rules--ConRULE JAR 7
RULE JAR 2
tempt--When
Justice Court Administrative Rules ..
Justice Court Civil Rules ...........
Justice Court Criminal Rules ........
Justice Court Traffic Rules ..........
Appendix to Part V
Index to Part V
(JAR)
(JCR)
(JCrR)
(JTR)
RULE JAR 8
Reportjng of Criminal Cases
(a) Report of Disposition
(b) Report of Appeal
RULE JAR 1
QUALIFYING EXAMINATION OF LAY CANDIDATES FOR
JUSTICE OF THE PEACE.
(a) Examining Committee. The qualifying examination for lay candidates for justice of the peace under
RCW 3.34.060(2)(c) shall be prepared and administered
in each county in which the statute is in force by a
committee composed of the Administrator for the
Courts, the Executive Secretary of the Judicial Council,
and the President of the Magistrates, Association, under
the supervision of the Chief Justice of the Supreme
SCOPE OF RULES.
These rules shall govern the procedure of civil, criminal, and traffic cases in all courts of limited jurisdiction
inferior to the superior court. They shall be construed
to secure the just, speedy, and inexpensive determination of every action. Failure to set forth herein any
provisions of common law or statute, not inconsistent
with these rules, shall not be construed as an implied
repeal thereof. [Adopted Feb. 13, 1963, effective July 1,
1963.]
RULE JAR 3
DEFINITION OF TERMS.
As used in these rules, unJess the context clearly requires otherwise:
!Rules For Courts of Umited Jurisdiction--p 11
Rule JAR 3
Rules For Courts of Limited Jurisdiction
( l) "Court" means any court inferior to the superior
court.
(2) "Judge" shall mean Justice of the Peace, Municipal Court Judge, Police Court Judge, and the judge of
any court inferior to the superior court which may be
hereafter established.
(3) "Oaths" include affirmations.
(4) "Prosecuting Attorney" or "prosecutor" includes
deputy prosecuting attorneys, and city attorneys, corporation counsels, and their deputies and assistants.
(5) "Offenses against the State" shall, wherever appropriate, include offenses against a county or a city by
virtue of violation of an ordinance or resolution.
(6) "City" shall be construed to include towns.
(7) "State" whenever appropriate, shall include a city
or town. [Adopted Feb. 13, 1963, effective July l, 1963.]
the Supreme Court, the Supreme Court shall by appointment designate the Presiding Judge and Acting
Presiding Judge.
(b) Duties. The duties of the Presiding Judge shall include the supervision of the business of the judicial district in such manner as to assure the expeditious and
efficient handling of all cases and equal distribution of
the work load among the several judges; assigning the
justices of the peace to departments, if the court is
departmentalized; presiding at meetings of the justices
of the peace of the district; supervising the preparation
and filing of reports required by statute or rule of court;
and such other duties as may be assigned by statute or
by rule. [Adopted Feb. 13, 1963, effective July l, 1963.]
RULE JAR 6
RECORDS: SEPARATE DocKETS----CONTENTS.
RULE JAR 4
CANONS OF JUDICIAL ETHICS.
(1) The Canons of Judicial Ethics as adopted by the
Supreme Court of Washington shall apply to the judge
of each court subject to these rules, whether or not such
judge has been admitted to the bar. It shall be the obligation of each such judge to conduct his court and his
professional and personal relationships in accordance
with the same standards as are required of judges of
courts of record, except that Canon 31, prohibiting
judges from practicing law, shall not apply to attorneyjustices of courts of limited jurisdiction who have been
specifically authorized by statute to practice law.
(2) The taking of photographs in the courtroom or
radio or television broadcasting or transmitting of judicial proceedings from the courtroom during the
progress of judicial proceedings shall be governed by
the Canons df Judicial Ethics. [Adopted Feb. 13, 1963,
amended June 14, 1963, effective July l, 1963.]
RULE JAR 5
PRESIDING JUDGE, MULTIPLE JUDGE JUSTICE COURT
DISTRICT.
(a) Appointment. In all justice court districts having
more than one judge, the judicial business of the district
shall be supervised by one of those judges to be known
as the "Presiding Judge," who shall be elected by the
judges of such district for a term not to exceed one year
subject to re-election. In the same manner, the judges
shall elect another judge of said district to serve as Acting Presiding Judge during the temporary absence or
disability of the Presiding Judge. Interim vacancies in
the office of Presiding Judge or Acting Presiding Judge
shall be filled as in the original election above
described.
The Presiding Judge so elected shall send notice of
the election of such Presiding Judge and Acting Presiding Judge to the Chief Justice of the Supreme Court on
or before May 1, 1963, and thereafter on or before
March 15th of each year. If the judges of a district shall
fail or refuse to elect and certify to the Chief Justice of
[Rules Fiii' Courts of Limited Jurisdiction--p 2)
(a) Every court having criminal jurisdiction shall keep
such records as are required by law.
(b) Separate dockets shall be kept for criminal, traffic,
civil, and small claims actions. In such dockets shall be
entered:
(I) The ti tie of all actions.
(2) The object of the action or proceeding.
(3) All filing, return, trial, and appearance dates.
(4) An abstract of every motion, rule, order and decision of the court.
(5) Every continuance, and for whom granted.
(6) All demands for a trial by jury, and by whom.
(7) The names of the jurors who appear and are
sworn; the names of witnesses sworn, and at whose
request.
(8) An abstract of the verdict of the jury when received and other proceedings in connection with the
jury.
(9) An abstract of the judgment of the court and the
amount thereof, and all costs granted in connection
therewith.
(IO) The time of issuing execution, and an account of
the debt and costs, and the fees due to each person
separately.
(11) The fact of a notice of appeal and the date
thereof.
(12) Satisfaction of the judgment, or any money paid
thereon and the date thereof.
(13) Such other entries as may be material. [Adopted
Feb. 13, 1963, effective July 1, 1963.]
RULE JAR 7
VIOLATION OF RULES--CONTEMPT--WHEN.
Any wilful failure to apply the provision of these
rules in his court, the failure to amend or vacate local
court rules contradictory to those herein set forth, or
the continuation of practices expressly forbidden in
these rules by the judge of any court subject thereto
who has received actual notice of their adoption may be
considered a contempt of the Supreme Court of Washington and punishable as such. [Adopted Feb. 13, 1963,
effective July 1, 1963.]
Digest
Justice Court Civil Rules (JCR)
(i)
RULE JAR 8
REPORTING OF CRIMINAL CASES.
(a) Report of Disposit.ion. Within five court days after
the disposition by a court of limited jurisdiction of a
felony or gross misdemeanor charge or misdemeanor
charges which have been reported to the Washington
State Patrol Section on Identification, whether the disposition ?~ a plea of guilty or by d~ferral or ~uspension
of imposition of sentence, or a findmg of guilty, or not
guilty after trial, or by a dismissal of the charge, the
court clerk shall report such disposition to the Section
on a disposition form approved by the Administrator
for the Courts. When a sentence has been deferred or
suspended, the report to the Section shall indicate the
length of time over which such suspension or deferral is
to be effective. At the conclusion of the time period for
deferral or suspension of sentence, the court clerk shall
forward an amended disposition form to the Section
showing the actual disposition of the case.
(b) Report of Appeal. If an appeal is taken from the
disposition made by a court of limited jurisdiction, the
court clerk shall, within five court days of the taking of
the appeal, notify the Section on an amended disposition form. In the event that the result of any proceeding
changes or otherwise makes inaccurate the information
forwarded on the original disposition report, the court
clerk shall prepare and forward to the Section a supplemental disposition report on a form approved by the
Administrator for the Courts indicating thereon the information necessary to correct the current status of the
disposition of charges against the subject maintained in
the records of the Section. [Adopted Jan. 17, 1974, effective Mar. 1, 1974.]
Amendment
5
Service and Filing of Pleadings and
Other Papers
Service: When Required
Same: How Made
Filing
Filing With the Court Defined
6
RULE
Time
Computation
For Motions--Affidavits
(a)
(b)
(c)
(d)
RULE
(a)
(b)
III.
PLEADINGS AND MOTIONS (RULES 7-16)
RULE
7
Pleadings Allowed: Form of Motions
Pleadings
Motions and Other Papers
Demurrers, Pleas, etc., Abolished
8
General Rules of Pleading
Claims for Relief
Defenses; Form of Denials
Affirmative Defenses
Effect of Failure to Deny
Pleading to Be Concise and
Consistency
Construction of Pleadings
(a)
(b)
(c)
RULE
(a)
(b)
(c)
(d)
(e)
(f)
RULE
9
RULE 10
(a)
(b)
(c)
RULE 11
RULE 12
JUSTICE COURT CIVIL RULES (JCR)
(Formerly: Civil Rules for Justice Court; Civil Rules for Courts of
Limited Jurisdiction.)
Table of rules
SCOPE OF RULES-ONE FORM OF AC-
I.
TION (RULES 1-2)
RULE
l
RULE 2
II.
Scope of Rules
One Form of Action
COMMENCEMENT OF ACTION; SERVICE
OF PROCESS, PLEADINGS, MOTIONS
AND ORDERS (RULES 3-6)
RULE 3
RULE 4
(a)
(b)
(c)
(d)
(e)
(t)
(g)
(h)
Commencement of Action
Process
Notice: Issuance
Notice: Form
Same
Notice: By Whom Served
Notice: Personal Service
Notice: Service by Publication and Personal
Service Out of the Jurisdiction
Territorial Limits of Effective Service
Return
(a)
(b)
(c)
(d)
(e)
(f)
(g)
RULE 13
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Direct;
(Reserved)
Form of Pleadings
Caption; Names of Parties
Adoption by Reference; Exhibits
Form
Verification arid Signing of Pleadings
Defenses and Objections--When
and How Presented--By Pleading
or Motion--Motion for Judgment
on Pleadings
When Presented
How Presented
Preliminary Hearings
Motion for More Definite Statement
Motion to Strike
Consolidation of Defenses
Waiver of Defenses
Counterclaim and Cros~laim
Permissive Counterclaims
Counterclaim Exceeding Opposing Claim
Counterclaim Maturing or Acquired After
Pleading
Omitted Counterclaim
Cross-Claim Against Co-Party
Additional Parties May Be Brought In
Separate Trials; Separate Judgment
RULE 13.04
Setoffs Against Assignees
(a) Setoff Against Assignee
(b) Setoff Against Beneficiary of Trust Estate
(c) Setoff Must Be Pleaded
RULE 14
(a)
(b)
Third.:..Party Practice
When Defendant May Bring in Third Party
When Plaintiff May Bring in Third Party
(Rules For Courts of Limited Jurisdictioo--p 31
Digest
Rules For Courts of Liooted Jurisdiction
(c)
Tort Cases
RULE 15
Amended and Supplemental Pleadings
(a) Amendments Prior to Trial
(b) Amendments At or After the Trial
(c)
Relation Back of Amendments
(d) Supplemental Pleadings
(e) Interlineations
RULE 16
IV.
Garnishments
PARTIES (RULES 17-25)
RULE 17
(a)
(b)
Parties Plaintiff and Defendant;
Capacity
Real Party in Interest
Infants or Incompetent Persons
RULE 18
Joinder of Claims and Remedies
(a) Joinder of Claims
(b) Joinder of Remedies
Necessary Joinder of Parties
RULE 19
(a) Necessary Joinder
(b) Effect of Failure to Join
(c) Same: Names of Omitted Persons and Reasons for Nonjoinder to Be Pleaded
RULE 20
Permissive Joinder of Parties
(a) Permissive Joinder
(b) Separate Trials
RULE 21
Misjoinder and Nonjoinder of Parties
RULE 22
lnterpleader
(a) Scope
(b) Other Remedies
(Reserved)
RULE 23
In terven ti on
RULE 24
(a) l,ntervention of Right
(b) Permissive Intervention
(c) Procedure
RULE 41
(a)
(b)
(c)
RULE 42
(a)
(b)
Dismissal of Actions
Without Prejudice
Limitation
Counterclaims, etc.
Consolidation; Separate Trials
Consolidation
Separate Trials
RULE 43
Evidence
(a) Form
(a-I) Multiple Examinations
(b) Scope of Examination
Exarnination
(c) Affirmation in Lieu of Oath
(d) Adverse Party as Witness
(e) Attorneys as Witnesses
and
Cross-
RULE 44
Proof of Official Record
(a) Authentication of Copy
(b) Proof of Lack of Record
(c)
Other Proof
RULE 45
Subpoena
RULES 46-50
(Reserved)
RULE 51
Instructions to Jury; Objections
RULE 52
Findings By the Court
RULE 53
(Reserved)
VII.
JUDGMENTS (RULES 54-63)
RULE 54
Judgments; Costs
(a) Definition; Form
(b) Judgment Upon Multiple Claims
Demand for Judgment
(c)
RULE 55
Default
(a) Judgment
(b) Setting Aside Default
Counterclaimants,
(c)
Plaintiffs,
Claimants
Cross-
Substitution of Parties
RULE 25
(a) Death
(b) Incompetency
(c) Transfer of Interest
RULES 56-57
(Reserved)
RULE 58
Entry of Judgment
V.
RULE 59
(Reserved)
RULE 60
Relief From Judgment or Order
DEPOSmONS AND DISCOVERY (RULES
26-37)
RULE 26
Depositions Pending Action
RULE 61
(Reserved)
RULES 27-37
(Reserved)
RULE 62
Stay of Proceedings to Enforce a
Judgment
RULE 63
(Reserved)
VI.
TRIALS (RULES 38-53)
Jury Trial
RULE 38
(a) Demand and Selection
Trial By Jury or By the Court
RULE 39
(a) By Jury
(b) By the Court
RULE 40
(a)
(b)
Assignment of Cases for Trial-Judge, Disqualification
Assignment for Trial
Disqualification
(Rules For Courts
or Limited Jurisdiction---p 41
VIII. PROVISIONAL AND FINAL REMEDIES
AND SPECIAL PROCEEDINGS (RULES 64il)
RULE 64
Garnishment
RULES 65-67
(Reserved)
RULE 68
Offer of Judgment
RULES 69-71
(Reserved)
Rule 4
Justice Court Civil Rules (JCR)
IX.
RULE3
APPEALS(RULES72-7~
RULE 73
(a)
(b)
(c)
(d)
(e)
COMMENCEMENT OF ACTION.
(Reserved)
RULE 72
Appeal to a Superior Court
When and How Taken
Stay of Proceedings
Release of Property Taken on Execution
No Dismissal for Defective Bond
Judgment Against Appellant and Sureties
RULE 74
(Reserved)
RULE 75
Record on Appeal to a Superior Court
(a) Transcript; Procedure in Superior Court;
Pleadings in Superior Court
(b) Transcript; Procedure on Failure to Make
and Certify; Amendment
RULE 76
X.
(Reserved)
COURT AND CLERKS (RULES 77-30)
RULE 77
(Reserved)
RULE 77.04
Administration of Oath
RULES 78-80
(Reserved)
XI.
GENERAL PROVISIONS (RULES
81~
RULE 81
(Reserved)
RULE 82
A civil action is commenced by filing with the court a
complaint signed as required by Rule I I. [Adopted Feb.
13, 1963, effective July I, 1963.]
RULE4
PROCESS.
(a) Notice: Issuance. Any person desiring to commence a civil action shall do so by filing a written complaint with the court, and when such complaint is so
filed, upon payment of a fee, a notice shall issue.
(b) Notice: Form. (I) First. The first notice shall noti-
fy the defendant to appear in person or by attorney at
the time and place stated in the notice, which shall not
be less than six days or more than twenty days from the
date the complaint was filed.
(2) Additional. Upon affidavit of the plaintiff or his
attorney that service of the notice was not perfected,
additional notices may be issued directing the defendant to appear in not less than six days nor more than
twenty days, provided that the maximum period of any
return date shall not be more than sixty days from the
date the complaint was filed.
(c) The notice shall be signed by the judge or clerk and
be substantially in the following form:
Jurisdiction and Venue--Unaffected
RULES 83-84
(Reserved)
RULE 85
Title
RULE 86
Effective Date
XII.
MISCELLANEOUS PROCEEDINGS RULES
(RULES 86.04-99.04)
RULES 86.04 through 99.04 (Reserved)
Removal of certain actions from inferior court to superior court:
Chapter4.14 RCW.
I. SCOPE OF RULES--ONE FORM OF ACTION
(RULES 1-2)
RULE 1
(NAME AND LOCATION OF COURT)
Plaintiff
vs.
Defendant
No. --- --- -- -NOTICE OF SUIT
To ________ --------------------- _____ (Defendants)
On __________ , 19 __ , above-named plaintiff(s) filed
a claim against you, a copy of which is attached.
You are notified to appear in person or by attorney
on or at any time before __________ at the office of the
clerk of the above entitled court at __________ (address
of court) and admit or deny the above claim. If you
deny any part of the claim, then the court clerk will set
the case for trial at a future date.
If you fail to appear or to answer, judgment will be
taken against you by default as demanded in the claim.
Issued:
-------------------------------------·
(Name and address of plaintiff or his attorney)
SCOPE OF RULES.
See Rule JAR 2. [Adopted Feb. 13, 1963, effective
July I, 1963.)
RULE2
ONE FORM OF ACTION.
There shall be one form of action to be known as
"civil action." [Adopted Feb. 13, 1963, effective July I,
1963.]
II. COMMENCEMENT OF ACTION; SERVICE OF
PROCESS, PLEADINGS, MOTIONS AND ORDERS
(RULES 3--6)
(Judge or Clerk)
(d) Notice: By Whom Served. Service of notice and
complaint may be made by the sheriff or some constable of the county or district in which the court is located or by any citizen of the State of Washington over the
age of eighteen years and who is competent to be a
witness and is not a party to the action.
(e) Notice: Personal Service. The notice shall be attached to the complaint and a copy of the notice and
complaint shall be served together upon the defendant
at least 5 days before the return day stated in the notice. The plaintiff shall furnish the person making service with such copies as are necessary. Service shall be
!Rules For Courts of Limited Jurisdiction---; SJ
Rule 4
Rules For Courts of Limited Jurisdiction
made within the territorial jurisdiction of the court as
follows:
(l) If the action be against any county in this state, to
the county auditor.
(2) If against any town or incorporated city in the
state, to the mayor, manager or clerk thereof.
(3) If against a school district, to the clerk thereof.
(4) If against a railroad corporation, to any station,
freight, ticket or other agent thereof.
(5) If against a corporation owning or operating
sleeping cars, or hotel cars, to any person having charge
of any of its cars or any agent found.
(6) If against a domestic insurance company, to any
agent authorized by such company to solicit insurance.
(7) If against a foreign or alien insurance company as
provided in RCW 48.05.200 and 48.05.210.
(8) If against a company or corporation doing any
express business, to any agent authorized by said company or corporation to receive and deliver express matters and collect pay therefor.
(9) If the suit be against a company or corporation
other than those designated in the preceding subdivisions of this section, to the president or other head of
the company or corporation, secretary, cashier or managing agent of the company or corporation or branch or
local office or to the secretary, stenographer or office
assistant of such individuals.
(IO) If the suit be against a foreign corporation or
nonresident joint stock company, partnership or association doing business within this state, to any agent,
cashier or secretary thereof.
( 11) If against a minor under the age of 14 years, to
such minor personally, and also to his father, mother,
guardian, or if there be none within the jurisdiction
then to any person having the care or control of such
minor, or with whom he resides, or in whose service he
is employed, if such there be.
(12) If against any person for whom a guardian has
been appointed for any cause, then to such guardian.
(13) In all other cases, to the defendant personally, or
by leaving complaint and notice at the house of his
usual abode with some person of suitable age and discretion then resident therein.
(14) whenever any domestic or foreign corporation,
which has been doing business in this state, has been
placed in the hands of a receiver and the receiver is in
possession of any of the property or assets of such corporation, service of all process upon such corporation
may be made upon the receiver thereof.
Service made in the modes provided in this rule 4(e)
shall be taken and held to be personal service.
(f) Notice: Service by Publication and Personal Service Out of the Jurisdiction. (l) When the defendant
cannot be found within the territorial jurisdiction of the
court (of which the return of the sheriff of the county in
which the action is brought, that the defendant cannot
be found in the county, is prima facie evidence), and
upon the filing of an affidavit of the plaintiff, his agent,
or attorney, with the court stating that he believes that
the defendant is not a resident of the county, or cannot
be found therein, and that he has deposited a copy of
!Rules For Courts of Limited Jurisdiction--p 6)
the notice (substantially in the form prescribed in this
rule) and complaint in the post office, directed to the
defendant at his place of residence, unless it is stated in
the affidavit that such residence is not known to the affiant, and stating the existence of one of the cases hereinafter specified, the service may be made by
publication of the notice by the plaintiff or his attorney
in any of the following cases:
(i) When the defendant is a foreign corporation, and
has property within the county;
(ii) When the defendant, being a resident of the
county, has departed therefrom with intent to defraud
his creditors, or to avoid the service of a notice and
complaint, or keeps himself concealed therein with like
intent;
(iii) When the defendant is not a resident of the
county, but has property therein which has been
brought under the control of the court by seizure or
some equivalent act;
(iv) When the subject of the action is personal property in the county, and the defendant has or claims a
lien or interest, actual or contingent, therein, and the
relief demanded consists wholly, or partially, in excluding the defendant from any interest or lien therein;
(v) When the action is brought under RCW 4.08.160
and 4.08.170 to determine conflicting claims to personal
property in the county.
(2) The publication shall be made in a newspaper authorized to publish a summons in superior court and
shall not be published until after the filing of the complaint. The notice must be subscribed by the judge or
clerk, it shall notify the defendant to appear in person
or by attorney on a date certain, and it shall contain a
brief statement of the object of the action. Said notice
shall be published not Jess than once a week for 3 weeks
prior to the time fixed for the hearing of the cause,
which shall not be less than 4 weeks from the time of
first publication of such notice; and publication shall be
deemed complete on the seventh day following the last
publication.
The notice shall be substantially in the following
form:
(NAME AND LOCATION OF COURT)
Plaintiff
vs.
Defendant
No. _________ _
NOTICE OF SUIT
To __________________________________ (Defendants)
On __________ , J9 __ , above-named plaintiff(s) filed
a claim against you.
You are notified to appear in person or by attorney
on or at any time before __________ at the office of the
clerk of the above entitled court at __________ (address
of court) and admit or deny the above claim. If you
deny any part of the claim, then the court clerk will set
the case for trial at a future date.
If you fail to appear or to answer, judgment will be
taken against you be default as demanded in the claim.
(Insert here a brief statement of the object of the
action.)
Rule 6
Justice Court Civil Rules (JCR)
Issued:
________________
_______________ .
(Name and address of plaintiff or his attorney)
(Judge or Clerk)
(3) Personal service on the defendant out of the terri-
torial jurisdiction of the court shall be equivalent to
service by publication, and the notice to the defendant
out the the county shall contain the same as the notice
by publication and shall require the defendant to appear at a time and place certain which shall not be less
than 30 days from the date of service.
(4) Service made in the modes provided in this rule
4(f) shall not alone be taken and held to give the court
jurisdiction over the person of the defendant. By such
service the court only acquires jurisdiction to give a
judgment which is effective as to property or debts attached or garnished in connection with the suit or other
property which properly forms the basis of jurisdiction
of the court. If the defendant appears in a suit commenced by such service the court shall have jurisdiction
over his person. The defendant may appear specially
and solely to challenge jurisdiction over property or
debts attached or garnished or other property within the
jurisdiction of the court.
(g) Territorial Limits of Effective Service. The complaint and notice may be served anywhere within the
county or counties in which the district of the court is
located.
(~) Return (1) The person serving the complaint and
noUce shall make proof of service thereof to the court
promptly and in any event within the time during which
the person served must respond to the notice.
(2) Proof of service shall be as follows:
(i) If served by the sheriff or his deputy or a constable, the return of the officer indorsed upon or attached
to a copy of the notice; or
(ii) If served by any other person, his affidavit of
service indorsed upon or attached to a copy of the notice; or
(iii) If served by publication, the affidavit of the
printer, publisher, foreman, principal clerk or business
manager of the newspaper showing the same, together
with a printed copy of the notice as published; or
(iv) Written admission of the defendant indorsed
upon a copy of the notice.
In case of service otherwise than by publication, the
return, affidavit, or admission must state the time, place
and manner of service.
(3) Costs shall not be awarded and a default judgment shall not be rendered unless proof of service is on
file with the court.
(i) Amendment. At any time in its discretion and
upon such terms as it deems just, the court may allow
any process or proof of service thereof to be amended,
unless it clearly appears that material prejudice would
result to the substantial rights of the party against
whom the process issued. [Adopted Feb. 13, 1963, effective July 1, 1963; amended, adopted Feb. 24, 1972,
effective July l, 1972.]
RULES
SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS.
(a) Service: When Required. Every order required by
its terms to be served, every written pleading subsequent to the original complaint, every written motion,
and every written notice, appearance, demand, offer of
judgment, or other paper shall be served upon all parties, but no service need be made on parties in default
for failure to appear except that pleadings asserting new
or additional claims for relief against them shall be
served upon them in the manner provided for service of
notice and complaint in Rule 4.
(b) Same: How Made. Whenever under these rules
service of papers other than the complaint and notice is
required or permitted the rules governing the manner of
service of such papers in superior courts shall govern.*
(c) Filing. When pleadings or motions are oral the
substance of them shall be entered in the records. All
papers after the complaint required to be served upon a
party shall be filed with the court either before service
or within a reasonable time thereafter and a reference
shall be made to them in the record of the court.
( d) Filing With the Court Defined. The filing of
pleadings and other papers with the court as required
by these rules shall be made by filing them with the
judge or with his authorized clerk and the filing date
shall be noted thereon at the time of filing. [Adopted
Feb. 13, 1963, effective July 1, 1963.]
•Note by the Court: See RCW 4.28.230-4.28.280.
RULE6
TIME.
(a) Computation. The time within which an act is to
be done, as herein provided, shall be computed by excluding the first day, and including the last, unless the
last day is a holiday or Sunday, and then it is also
excluded.
(b) For Motions-Affidavits. A written motion, other than one which may be heard ex parte, and notice of
the hearing thereof shall be served not later than 3 days
before the time specified for the hearing, unless a different period is fixed by these rules or by order of the
court. Such an order may for cause shown be made on
ex parte application. When a motion is supported by
affidavit, the affidavit shall be served with the motion·
and, except as otherwise provided in any of these rules:
opposing affidavits may be served not later than I day
before the hearing, unless the court permits them to be
served at some other time. [Adopted Feb. 13, 1963, effective July 1, 1963.]
(Rules For Courts of Umited Jurisdiction---p 7)
Rule 6
Rules For Courts of Limited Jurisdiction
Ill. PLEADINGS AND MOTIONS
(RULES 7-16)
RULE7
PLEADINGS ALLOWED:
f oRM OF MOTIONS.
(a) Pleadings. There shall be a complaint and an answer; and there shall be a reply to a counterclaim denominated as such; an answer to a cross-claim, if the
answer contains a cross-claim; a third-party complaint,
if leave is given under rule 14 to summon a person who
was not an original party; and there shall be a thirdparty answer, if a third-party complaint is served. No
other pleadings shall be allowed.
The complaints, counterclaims, cross-claims and
third-party claims shall be in writing. A reply to a
counterclaim and answers may be written or oral.
When pleadings are oral the substance of them shall be
entered in the docket.
(b) Motions and Other Papers. (l) An application to
the court for an order shall be by motion. Motions may
be oral or written. Motions need not be in any special
form but must be such as to enable a person of common understanding to know what is intended.
(2) The rules applicable to captions, signing, and other matters of form of written pleadings apply to all
written motions and other papers provided for by these
rules.
(c) Demurrers, Pleas, etc., Abolished. Demurrers,
pleas and exceptions for insufficiency of a pleading shall
not be used. [Adopted Feb. 13, 1963, effective July 1,
1963.]
When a party has mistakenly designated a defense as a
counterclaim or a counterclaim as a defense, the court
on terms, if justice so requires, shall treat the pleading
as if there had been a proper designation.
(d) Effect of Failure to Deny. Statements in a pleading
to which responsive pleading is required, other than
those as to the amount of damage, are admitted when
not denied by responsive pleading. Statements of an
answer to a complaint, cross-claim, or third-party
complaint, or a reply to a counterclaim shall be taken
as denied or avoided.
(e) Pleading to Be Concise and Direct; Consistency.
( 1) No technical forms of pleadings or motions are required. Pleadings and motions shall be stated so as to
enable a person of common understanding to know
what is intended.
(2) A party may set forth two or more statements of a
claim or defense alternately or hypothetically, either in
one count or defense or in separate counts or defenses.
When two or more statements are made in the alternative and one of them if made independently would be
sufficient, the pleading is not made insufficient by the
insufficiency of one or more of the alternative statements. A party may also state as many separate claims
or defenses as he has regardless of consistency and
whether based on legal or on equitable grounds or on
both. All statements shall be made subject to the obligations set forth in rule 11.
(f) Construction of Pleadings. All pleadings shall be so
construed as to do substantial justice. (Adopted Feb.
13, 1963, effective July 1, 1963.]
RULES
RULE9
GENERAL RULES OF PLEADING.
(RESERVED)
(a) Claims• for Relief. A complaint, counterclaim,
cross-claim, or third-party claim, shall contain (1) a
short and plain statement of the claim showing that the
pleader is entitled to relief, and (2) a demand for judgment for the relief to which he deems himself entitled.
Relief in the alternative or of several different types
may be demanded.
(b) Defenses; Form of Denials. A party shall state his
defenses, denials and objections to each claim asserted
against him in any form which will enable a person of
common understanding to know what is intended. If he
is without knowledge or information sufficient to form a
belief as to the truth of an averment, he shall so state
and this has the effect of a denial.
(c) Affirmative Defenses. In a written answer to a
complaint, cross-claim or third-party claim and in a
written reply to a counterclaim, a party shall set forth
affirmatively accord and satisfaction, arbitration and
award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant,
!aches, license, payment, release, res judicata, statute of
frauds, statute of limitations, waiver, and any other
matter constituting an avoidance or affirmative defense.
IRuJes For Courts of Limited Jurlsdiction---p 8)
RULE 10
FORM OF PLEADINGS.
(a) Caption; Names of Parties. Every written pleading
shall contain a caption setting forth the name of the
court, the title of the action, the file number if known to
the person signing it, and a designation as in rule 7(a).
In the complaint the title of the action shall include the
names of all the parties, but in other written pleadings it
is sufficient to state the name of the first party on each
side with an appropriate indication of other parties.
When the plaintiff is ignorant of the name of the defendant, it shall be so stated in his pleading, and such defendant may be designated in any pleading or
proceeding by any name, and when his true name shall
be discovered, the pleading or proceeding may be
amended accordingly.
(b) Adoption by Reference; Exhibits. Statements in a
pleading may be adopted by reference in a differe~t
part of the same pleading or in another pleading or m
any motion. A copy of any written instrument which is
an exhibit to a pleading is a part thereof for all
purposes.
Justice Court Civil Rules (JCR)
(c) Form. All notices, pleadings, motions, and other
papers filed shall be plainly written or typed. [Adopted
Feb. 13, 1963, effective July I, 1963.J
RULE 11
VERIFICATION AND SIGNING OF PLEADINGS.
(l) Every complaint, answer or reply shall be verified
by the oath of the party pleading; or if he be not
present, by the oath of his attorney or agent, to the effect that he believes it to be true. The verification shall
be oral, or in writing, in conformity with the pleading
verified.
(2) All other pleadings of a party represented by an
attorney shall be signed by at least one attorney of
record in his individual name, whose address shall be
stated. A party who is not represented by an attorney
shall sign his pleading and state his address. The signature of a party or an attorney constitutes a certificate by
him that he has read the pleading; that to the best of
his knowledge, information, and belief there is good
ground to support it; and that it is not interposed for
delay. [Adopted Feb. 13, 1963, effective July I, 1963.]
RULE 12
DEFENSES AND 0BJECTIONS--WHEN AND How
PRESENTED--BY PLEADING OR MOTION--MOTION
FOR JUDGMENT ON PLEADINGS.
(a) When Presented. If the answer is oral, a defendant
shall make the oral answer on or before the time he is
required to appear in answer to the notice as indicated
in rule 4. If the answer is written a defendant shall serve
his answer on or before the time he is required to appear in answer to the notice as indicated in rule 4. A
party served with a pleading stating a cross-claim
against him shall answer thereto on the return date
fixed in a notice which shall accompany the pleading.
The plaintiff shall reply to a counterclaim not less than
three days prior to trial. If the court denies a motion
permitted under this rule or postpones its disposition
until the trial on the merits, the court may set the case
for trial at the same time and also fix a time for the responsive pleading. If the court grants a motion for more
definite statement the court may set the case for trial at
the same time and fix the date for making the more
definite statement and for the responsive pleading to the
more- definite statement.
(b) How Presented. Every defense, in law or fact, to a
claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted by the responsive pleading thereto, except that
the following defenses may at the option of the pleader
be made by motion: (I) lack of jurisdiction over the
subject matter, (2) lack of jurisdiction over the person,
(3) insufficiency of process, (4) insufficiency of service
of process, (5) failure to state a claim upon which relief
can be granted, (6) failure to join an indispensable party. A motion making any of these defenses shall be
made before pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or
Rule 12
motion. If a pleading sets forth a claim for relief to
which the adverse party is not required to serve a responsive pleading, he may. assert at ~he trial any defe~se
in law or fact to that claim for rehef. If, on a motion
asserting the defense numbered (5) to dismiss for failure
of the pleading to state a claim upon which relief can
be granted, matters outside the pleading are presented
to and not excluded by the court, the motion shall be
treated as one for summary judgment and disposed of
as provided in rule 56 of the Civil Rules for Superior
Court, and all parties shall be given reasonable opportunity to present all material made pertinent to such a
motion by said rule 56. *
(c) Preliminary Hearings. The defenses specifically
enumerated (l)-(6) in subdivision (b) of this rule,
whether made in a pleading or by motion, shall be
heard and determined before trial on application of any
party, unless the court orders that the hearing and determination thereof be deferred until the trial.
(d) Motion for More Definite Statement. If a pleading
to which a responsive pleading is permitted (for example, the complaint) is so vague or ambiguous that a
person of common understanding cannot know what is
intended, he may move for a more definite statement
before interposing his responsive pleading. The motion
shall point out the defects complained of and the details
desired. If the motion is granted and the order of the
court is not obeyed within IO days after the order or
within such other time as the court may fix, the court
may strike the pleading to which the motion was directed or make such order as it deems just.
(e) Motion to Strike. Upon motion made by a party
not less than three days prior to trial or upon the
court's own initiative at any time the court may order
stricken from the complaint any impertinent or scandalous matter.
(f) Consolidation of Defenses. A party who makes a
motion under this rule may join with it the other motions herein provided for and then available to him. If a
party makes a motion under this rule and does not include therein all defenses and objections then available
to him which this rule permits to be raised by motions,
he shall not thereafter make a motion based on any of
the defenses or objections so omitted, except as provided in subdivision (g) of this rule.
(g) Waiver of Defenses. A party waives all defenses
and objections which he does not present either by motion as hereinbefore provided or, if he has made no
motion, in his answer or reply, except (l) that the defense of failure to state a claim upon which relief can be
granted, the defense of failure to join an indispensable
party, and the objection of failure to state a legal defense to a claim may a\so be made by a later pleading,
if one is permitted, or by motion for judgment on the
pleadings or at the trial on the merits, and except (2)
that, whenever it appears by suggestion of the parties or
otherwise that the court lacks jurisdiction of the subject
matter, the court shall dismiss the action. The objection
or defense, if made at the trial, shall be disposed of as
provided in rule 15(b) in the light of any evidence that
(Rules For Courts of Limited Jurisdidio&----p 9)
KUle IL
Rules For Courts of Limited Jurisdiction
~ay have been received. [Adopted Feb. 13, 1963, effective July I, 1963.]
•Note by the Court: Motions for change of venue are not governed
by rule 12. See RCW 3.66.050, RCW 3.66.090, RCW 3.20.070, RCW
3.20.100, RCW 3.20.1 IO.
RULE 13
COUNTERCLAIM AND CROSS-CLAIM.
(a) Permissive Counterclaims. A pleading may state as
a counterclaim any claim against an opposing party.
(b) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief
exceeding in amount or different in kind from that
sought in the pleading of the opposing party.
(c) Counterclaim Maturing or Acquired Mter Pleading. A claim which either matured or was acquired by
the pleader after serving his pleading may, with the
permission of the court be presented as a counterclaim
by supplemental pleading.
(d) Omitted Counterclaim. When a pleader fails to set
up a counterclaim through oversight, inadvertence, or
excusable neglect, or when justice requires, he may by
leave of court set up the counterclaim by amendment.
(e) Cross-Claim Against Co-Party. A pleading may
state as a cross-claim any claim by one party against a
co-party arising out of the transaction or occurrence
that is the subject matter either of the original action or
of a counterclaim therein or relating to any property
that is the subject matter of the original action. S\lch
cross-claim may include a claim that the party against
whom it is asserted is or may be liable to the crossclaimant for all or part of a claim asserted in the action
against the cross-claimant.
(f) Additional Parties May Be Brought In. When the
presence of parties other than those to the original action is required for the granting of complete relief in the
determination of a counterclaim or cross-claim, the
court shall order them to be brought in as defendants as
provided in these rules, if jurisdiction of them can be
obtained.
(g) Separate Trials; Separate Judgment. If the court
orders separate trials as provided in rule 42(a), judgment on a counterclaim or cross-claim may be rendered in accordance with the terms of rule 42(b), even if
the claims of the opposing party have been dismissed or
otherwise disposed of. [Adopted Feb. 13, 1963, effective
July 1, 1963.)
RULE 13.04
SETOFFS AGAINST ASSIGNEES.
(a) Setoff Against Assignee. The defendant in a civil
action upon a contract express or implied, other than
upon a negotiable promissory note or bill of exchange,
negotiated in good faith and without notice before due,
which has been assigned to the plaintiff, may set off a
demand of a like nature existing against the person to
whom he was originally liable, or any assignee prior to
[Rules For Courts
or Limited Jurisdictioo--p 10)
the plaintiff, of such contract, provided such demand
existed at the time of the assignment thereof, and belonging to the defendant in good faith, before notice of
such assignment, and was such a demand as might have
been set off against such person to whom he was originally liable, or such assignee while the contract belonged to him.
(b) Setoff Against Beneficiary of Trust Estate. If the
plaintiff be a trustee to any other, or if the action be in
a name of a plaintiff which has no real interest in the
contract upon which the action is founded, so much of
a demand existing against those whom the plaintiff represents or for whose benefit the action is brought, may
be set off as will satisfy the plaintiff's debt, if the same
might have been set off in an action brought against
those beneficially interested.
(c) Setoff Must Be Pleaded. To entitle a defendant to
a setoff under this rule, he must set forth the same in his
answer. [Adopted Feb. 13, 1963, effective July l, 1963.}
RULE 14
THIRD-PARTY PRACTICE.
(a) When Defendant May Bring in Third Party. Before making his answer, a defendant may move ex parte
or, after answering, on notice to the plaintiff, for leave
as a third-party plaintiff to serve a notice and complaint upon a person not a party to the action who is or
may be liable to him for all or part of the plaintiff's
claim against him. If the motion is granted and the notice and complaint are served, the person so served,
hereinafter called the third-party defendant, shall make
his defenses to the third-party plaintiff's claim as provided in rule 12 and his counterclaims against the
third-party plaintiff and cross-claims against other
third-party defendants as provided in rule 13. The
third-party defendant may assert against the plaintiff
any defenses which the third-party plaintiff has to the
plaintiff's claim. The third-party defendant may also
assert any claim against the plaintiff arising out of the
transaction or occurence that is the subject matter of
the plaintiff's claim against the third-party plaintiff. The
plaintiff may assert any claim against the third-party
defendant arising out of the transaction or occurrence
that is the subject matter of the plaintiff's claim against
the third-party plaintiff, and the third-party defendant
thereupon shall assert his defenses as provided in rule
12. A third-party defendant may proceed under this
rule against any person not a party to the action who is
or may be liable to him for all or part of the claim
made in the action against the third-party defendant.
(b) When Plaintiff May Bring in Third Party. When a
counterclaim is asserted against a plaintiff, he may
cause a third party to be brought in under circumstances which under this rule would entitle a defendant to do
so.
(c) Tort Cases. This rule shall not be applied, in tort
cases, so as to permit the joinder of a liability or indemnity insurance company, unless such company is by
statute or contract directly liable to the pers~n injured
Rule 18
Justice Court Civil Rules (JCR)
or damaged. [Adopted Feb. 13, 1963, effective July 1,
1963.]
Removal of certain actions to Superior Court. See Chapter 4. 14.
RCW.
RULE 15
AMENDED AND SUPPLEMENTAL PLEADINGS.
(a) Amendments Prior to Trial. A party may amend a
complaint, counterclaim, cross-claim or third-party
complaint once as a matter of course at any time before
a responsive pleading is made, or, if the pleading is an
answer or a reply to a counterclaim he may so amend it
at any time within 20 days after it is served, provided it
is amended prior to trial. Otherwise, prior to trail a
party may amend his pleading only by leave of court or
by written consent of the adverse party; and leave shall
be freely given when justice so requires. A party shall
plead in response to an amended pleading within the
time remaining for response to the original pleading or
within 10 days after service or notice of the amended
pleading, whichever period may be the longer, unless
the court otherwise orders.
(b) Amendments At or After the Trial. When issues
not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all
respects as if they had been raised in the pleadings.
Such amendment of the pleadings as may be necessary
to cause them to conform to the evidence and to raise
these issues may be made upon motion of any party at
any time, even after judgment; but failure so to amend
does not affect the result of the trial of these issues.
If the evidence is objected to at the trial on the
ground that it is not within the issues made by the
pleadings, the court may allow the pleadings to be
amended and shall do so freely when the presentation
of the merits of the action will be subserved thereby
and the objecting party fails to satisfy the court that the
admission of such evidence would prejudice him in
maintaining his action or defense upon the merits. The
court may grant a continuance to enable the objecting
party to meet such evidence.
(c) Relation Back of Amendments. Whenever the
claim or defense asserted in the amended pleading
arose out of the conduct, transaction, or occurrence set
forth or attempted to be set forth in the original pleading the amendment relates back to the date of the original pleading.
(d) Supplemental Pleadings. Upon motion of a party,
the court may, upon reasonable notice and upon such
terms as are just, permit him to serve or make a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of
the pleading sought to be supplemented. If the court
deems it advisable that the adverse party plead thereto,
it shall so order, specifying the time therefor.
(e) Interlineations. No amendments shall be made to
any pleading by erasing or adding words to the original
on file, except by permission of the court. [Adopted
Feb. 13, 1963, effective July 1, 1963.]
RULE 16
GARNISHMENTS.
Garnishments are governed by RCW 12.32.010
through 12.32.040, inclusive. Provided, that judges, or
their clerks, may issue writs of garnishment in accordance with the provisions therein. [Adopted July 14,
1966, effective August 1, 1966.]
IV. PARTIES
(RULES 17-25)
RULE 17
PARTIES PLAINTIFF AND DEFENDANT; CAPACITY.
(a) Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest; but an
executor, administrator, guardian, trustee of an express
trust, a party with whom or in whose name a contract
has been made for the benefit of another, or a party
authorized by statute may sue in his own name without
joining with him the party for whose benefit the action
is brought.
(b) Infants or Incompetent Persons. (1) When an infant is a party he shall appear by guardian, or if he has
no guardian, or in the opinion of the court the guardian
is an improper person, the court shall appoint a guardian ad litem. The guardian shall be appointed:
(i) When the infant is plaintiff, upon the application
of the infant, if he be of the age of 14 years, or if under
the age, upon the application of a relative or friend of
the infant.
(ii) When the infant is defendant, upon the application of the infant, if he be of the age of 14 years, and
applies within the time he is to appear; if he be under
the age of fourteen, or neglects to apply, then upon the
application of any other party to the action, or of a relative or friend of the infant.
(2) When an insane person is a party to an action he
shall appear by guardian, or if he has no guardian, or in
the opinion of the court the guardian is an improper
person, the court shall appoint one to act as guardian
ad litem. Said guardian shall be appointed:
(i) When the insane person is plaintiff, upon the application of a relative or friend of the insane person.
(ii) When the insane person is defendant, upon the
application of a relative or friend of such insane person,
such application shall be made within the time he is to
appear. If no such application be made within the time
above limited, application may be made by any party to
the action. [Adopted Feb. 13, 1963, effective July 1,
1963.]
RULE 18
JOINDER OF CLAIMS AND REMEDIES.
(a) Joinder of Claims. The plaintiff in his complaint
or in reply setting forth a counterclaim and the defendant in an answer setting fortF--.a counterclaim may join
either as independent or as alternate claims as many
claims either legal or equitable or both as he may have
against an opposing party. There may be a like joinder
(Rules For Courts of Limited Jorisdictioo--p 111
Rule 18
Rules For Courts of Limited Jurisdiction
of claims when there are multiple parties if the requirements of rules 19, 20 and 22 are satisfied. There may be
a like joinder of cross-claims or third-party claims if
the requirements of rules 13 and 14 respectively are
satisfied.
(b) Joioder of Remedies. Whenever a claim is one
heretofore cognizable only after another claim has been
prosecuted to a conclusion, the two claims may be
joined in a single action; but the court shall grant relief
in that action only in accordance with the relative substantive rights of the parties. [Adopted Feb. 13, 1963,
effective July 1, 1963.)
demanded. Judgment may be given for one or more of
the plaintiffs according to their respective rights to relief, and against one or more defendants according to
their respective liabilities.
RCW 4.08.040 applies to joinder of husband and
wife.
(b) Separate Trials. The court may make such orders
as will prevent a party from being embarrassed, delayed, or put the expense by the inclusion of a party
against whom he asserts no claim and who asserts no
claim against him, and may order separate trials or
make other orders to prevent delay or prejudice.
[Adopted Feb. 13, 1963, effective July 1, 1963.]
RULE 19
NECESSARY JOINDER OF PARTIES.
(a) Necessary Joinder. Subject to the provisions of
subdivision (b) of this rule, persons having a joint interest shall be made parties and be joined on the same side
as plaintiffs or defendants. When a person who should
join as a plaintiff refuses to do so, he may be made a
defendant.
(b) Effect of Failure to Join. When persons who are
not indispensable but who ought to be parties if complete relief is to be accorded between those already
parties, have not been made parties and are subject to
the jurisdiction of the court as to both service of process
and venue, the court shall order them summoned to
appear in the action. The court in its discretion may
proceed in the action without making such persons parties, if its jurisdiction over them as to·either service of
process or venue can be acquired only by their consent
or voluntary appearance; but the judgment rendered
therein does not affect the rights or liabilities of absent
persons.
(c) Same: Names of Omitted Persons and Reasons for
Nonjoinder to be Pleaded. In any pleading in which relief is asked, the pleader shall set forth the names, if
known to him, of persons who ought to be parties if
complete relief is to be accorded between those already
parties, but who are not joined, and shall state why they
are omitted. [Adopted Feb. 13, 1963, effective July I,
1963.)
RULE 20
PERMISSIVE JOINDER OF PARTIES.
(a) Permissive Joinder. All person may join in one
action as plaintiffs if they assert any right to relief
jointly, severally, or in the alternative in respect of or
arising out of the same transaction, occurrence or series
of transactions or occurrences and if any question of
law or fact common to all of them will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly,
severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of tran~ctions or occurrences and if
any question of law or fkct common to all of them will
arise in the action. A plaintiff for defendant need not be
interested in obtaining or defending against all the relief
[RuJes For Coorts of Limited Jurisdktioo---p 12)
RULE 21
MISJOINDER AND NONJOINDER OF PARTIES.
Misjoinder of parties is not ground for dismissal of
an action. Parties may be dropped or added by order of
the court on motion of any party or of its own initiative
at any stage of the action and on such terms as are just.
Any claim against a party may be severed and proceeded with separately. [Adopted Feb. 13, 1963, effective July 1, 1963.]
RULE 22
INTERPLEADER.
(a) Scope. Persons having claims against the plaintiff
may be joined as defendants and required to interplead
when their claims are such that the plaintiff is or may
be exposed to double or multiple liability. It is not
ground for objection to the joinder that the claims of
the several claimants or the titles on which their claims
depend do not have a common origin or are not identical but are adverse to and independent of one another,
or that the plaintiff avers that he is not liable in whole
or in part to any or all of the claimants. A defendant
exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. The provisions of this rule supplement and do not in any way
limit the joinder of parties permitted under other rules
and statutes.
(b) Other Remedies. The remedy herein provided is
in addition to and in no way supersedes or limits the
remedy provided by RCW 4.08.150 to 4.08.180, inclusive. [Adopted Feb. 13, 1963, effective July 1, 1963.]
RULE23
(RESERVED)
RULE24
INTERVENTION.
(a) Intervention of Right. Upon timely application,
anyone shall be permitted to intervene in an action: (1)
when a statute confers an unconditional right to intervene; or (2) when the representation of the applicant's
interest by existing parties is or may be inadequate and
the applicant is or may be bound by a judgment in the
action; or (3) when the applicant is so situated as to be
Rule 40
Justice Court Civil Rules (JCR)
adversely affected by a distribution or other disposition
of property which is in the custody or subject to the
control or disposition of the court.
(b) Permissive Intervention. Upon timely application,
anyone may be permitted to intervene in an action: (l)
when a statute confers a conditional right to intervene;
or (2) when an applicant's claim or defense and the
main action have a question of law or fact in common.
When a party to an action relies for ground of claim or
defense upon any statute or executive order administered by a federal or state governmental officer or
agency or upon any regulation, order, requirements, or
agreement issued or made pursuant to the statute or
executive order, the officer or agency upon timely application may be permitted to intervene in the action.
In exercising its discretion the court shall consider
whether the intervention will unduly delay or prejudice
the adjudication of the rights of the original parties.
V. DEPOSITIONS AND DISCOVERY
(RULES 26-37)
RULE 26
DEPOSITIONS PENDING ACTION.
The taking of depositions, the requesting of admissions and all other procedures authorized by rules 26
through 37 of the Civil Rules for Superior Court applicable for use in the superior court may be available
only upon prior permission of the court. The court shall
have absolute discretion to decide whether to permit
any such procedures. In exercising such discretion the
court shall consider (1) whether all parties are represented by counsel, (2) whether undue delay in bringing
the case to trial will result and (3) whether the interests
of justice will be promoted. [Adopted Feb. 13, 1963, effective July 1, 1963.)
RULES 27-37
(c) Procedure. A person desiring to intervene shall
serve a motion to intervene upon all parties affected
thereby. The motion shall state the ground therefor and
shall be accompanied by a pleading setting forth the
claim or defense for which intervention is sought.
[Adopted Feb. 13, 1963, effective July l, 1963.]
(RESERVED)
VI. TRIALS
(RULES 38-53)
RULE 38
RULE 25
JURY TRIAL.
SUBSTITUTION OF PARTIES.
(a) Demand and Selection. After the appearance of
the defendant, and before the court shall proceed to inquire into the merits of the cause, either party may demand a jury to try the action. The selection and other
matters concerning jury trials are governed by RCW
12.12.030--12.12.100 inclusive. [Adopted Feb. 13, 1963,
effective July 1, 1963.]
(a) Death. ( l) If a party dies and the claim is not
thereby extinguished, the court may order substitution
of the proper parties. The motion for substitution may
be made by the successors or representatives of the deceased party or by any party and, together with the notice of hearing, shall be served on the parties as
provided by statute for service of notices, and upon
persons not parties in the manner provided by these
rules for the service of notice and complaint. If substitution is not made within a reasonable time, the action
may be dismissed as to the deceased party.
(2) In the event of the death of one or more of the
plaintiffs or one or more of the defendants in an action
in which the right sought to be enforced survives only
to the surviving plaintiffs or only against the surviving
defendants, the action does not abate. The fact of death
shall be noted in the do_cket and the action shall proceed in favor of or against the surviving parties.
(b) Incompetency. If a party becomes incompetent,
the court upon motion served as provided in subdivision (a) of this rule may allow the action to be continued by or against his representative.
(c) Transfer of Interest. In case of any transfer of interest, the action may be continued by or against the
original party unless the court upon motion directs the
person to whom the interest is transferred to be substituted in the action or joined with the original party.
Service of the motion shall be made as provided in
subdivision (a) of this rule. [Adopted Feb. 13, 1963, effective July l, 1963.]
RULE 39
TRIAL BY JURY OR BY THE COURT.
(a) By Jury. In a civil case, when a jury is demanded,
it shall be allowed and tried with all reasonable speed.
All issues of fact shall be tried by the jury.
(b) By the Court. All questions of law including the
admissibility of testimony, the facts preliminary to such
admission, and the construction of statutes and other
writings, and other rules of evidence, are to be decided
by the judge, and all discussions of law addressed to
him. [Adopted Feb. 13, 1963, effective July 1, 1963.)
RULE 40
ASSIGNMENT OF CASES FOR TRIAL--JUDGE,
DISQUALIFICATION.
(a) Assignment for Trial. When the pleadings of the
parties have taken place a case shall be tried, but cases
may be continued by the court to a date certain. Continuances may not be granted for a longer period than
sixty days each.
(b) Disqualification. In any case pending in any court
of limited jurisdiction, unless otherwise provided by
law, the judge thereof shall be deemed disqualified to
(Rules For Courts of limited Jurisdiction---p 131
Rule 40
Rules For Courts of Limited Jurisdiction
hear and try the case when he is in anywise interested
or prejudiced. The judge, of his own initiative, may enter an order disqualifying himself; and he shall also
disqualify himself under the provisions of this rule if,
before the jury is sworn or the trial is commenced, a
party files an affidavit that such party cannot have a
fair and impartial trial by reason of the interest or prejudice of the judge or for other grounds provided by
law. Only one such affidavit shall be filed by the same
party in the case and such affidavit shall be made as to
only one of the judges of said court.
All right to an affidavit of prejudice will be considered waived where filed more than ten (10) days after
the case is set for trial, unless the affidavit alleges a
particular incident, conversation or utterance by the
judge, which was not known to the party or his attorney
within the ten (IO) day period. In multiple-judge courts,
or where a pro tern or visiting judge is designated as the
trial judge, the 10 day period shall commence on the
date that the defendant or his attorney has actual notice
of assignment or reassignment to a designated trial
judge. [Adopted Feb. 13, 1963, effective July I, 1963;
amended, adopted Dec. 17, 1970, effective Apr. 16,
1971.]
RULE 41
DISMISSAL OF ACTIONS.
(a) Without Prejudice. Judgment that the action be
dismissed, without prejudice to a new action, may be
entered, with costs, in the following cases:
(1) When the plaintiff voluntarily dismisses the action
before it is finally submitted.
(2) When plaintiff fails to appear at the time set for
trial or other hearing.
(b) Limitation. If a counterclaim has been pleaded by
defendant, the action shall not be dismissed against defendant's objection unless the counterclaim can remain
pending for independent adjudication by the court.
(c) Counterclaims, etc. The provisions of this rule apply to the dismissal of any counterclaim, setoff, crossclaim, or third-party claim. [Adopted Feb. 13, 1963, effective July l, 1963.!
RULE 42
CONSOLIDATION; SEPARATE TRIALS.
(a) Consolidation. When actions involving a common
question of law or fact are pending before the court, it
may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions
consolidated; and it may make such orders concerning
proceedings therein as may tend to avoid unnecessary
costs or delay.
(b) Separate Trials. The court in furtherance of convenience or to avoid prejudice may order a separate trial of any claim, cross--claim, counterclaim, or thirdparty claim, or of any separate issue or of any number
of claims, cross--claims, counterclaims, third-party
claims, or issues. [Adopted Feb. 13, 1963, effective July
l, 1963.J
jRuJes For Courts of Limited Jurisdictio_, 14)
RULE 43
EVIDENCE.
(a) Form. In all trials the testimony of witnesses shall
be taken orally in open court, unless otherwise provided
by rule or statute.
(a-1) Multiple Examinations. When two or more attorneys are upon the same side trying a case, the attorney conducting the examination of a witness shall
continue until the witness is excused from the stand;
and all objections and offers of proof made during the
examination of such witness shall be made or announced by the attorney who is conducting the examination
or cross-examination.
(b) Scope of Examination and Cross-Examination. A
party may interrogate any unwilling or hostile witness
by leading questions. A party may call an adverse party
or an officer, director, or managing agent of a public or
private corporation or of a partnership or association
which is an adverse party, and interrogate him by leading questions and contradict and impeach him in all respects as if he had been called by the adverse party,
and the witness thus called may be contradicted and
impeached by or on behalf of the adverse party also,
and may be cross-examined by the adverse party only
upon the subject matter or his examination in chief.
(c) Affirmation in Lieu of Oath. Whenever under these
rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof.
(d) Adverse Party as Witness.
(I) Party or managing agent as adverse witness. A
party, or anyone who at the time of the notice is an officer, director, or other managing agent (herein collectively referred to as ''managing agent") of a public or
private corporation, partnership or association which is
a party to an action or proceeding may be examined at
the instance of any adverse party. Attendance of such
deponent or witness may be compelled solely by notice
(in lieu of a subpoena) given to opposing counsel of
record. Notices for the attendance of a party or a managing agent at the trial shall be given a reasonable time
before the trial of not less than lO days (exclusive of the
day of service, Saturdays, Sundays and court holidays).
For good cause shown, the court may make orders for
the protection of the party or managing agent to be
examined.
(2) Effect of discovery, etc. A party who has filed interrogatories to be answered by the adverse party or
who has taken the deposition of an adverse party or of
the managing agent of an adverse party shall not be
precluded for that reason from examining such adverse
party or managing agent at the trial. The testimony of
an adverse party or managing agent at the trial or on
depositions or interrogatories shall not bind his adversary but may be rebutted.
(3) Refusal to attend and testify: Penalties. If a party
or a managing agent refuses to attend and testify before
the officer designated to take his deposition or at the
trial after notice served, the complaint, answer, or reply
of the party may be stricken and judgment taken
Rufe 54
Justice Court Civil Rules (JCR)
against the party, and the contumaciou~ party ?r managing agent may also be proceeded agamst as m other
cases of contempt. This rule shall not be construed: (l)
to compel any person to answer any question where
such answer might tend to incriminate him; or (2) to
prevent a party from using a subpoena to compel the
attendance of any party or managmg agent to give testimony by deposition or at the trial; or (3) to limit the
applicability of any other sanctions or penalties.
each case shall be the same as when issued by the court
except that it shall only be subscribed by the signature
of such attorney. [Adopted Feb. 13, 1963, effective July
l, 1963; amended July 14, 1966, effective August l,
(e) Attorneys as Witnesses. If an attorney offers himself as a witness on behalf of his client and gives evidence on the merits, he shall not argue the case to the
jury, unless by permission of the court. [Adopted Feb.
13, 1963, ·effective July I, 1963.]
RULE 51
RULE 44
PROOF OF OFFICIAL RECORD.
(a) Authentication of Copy. An official record or an
entry therein, when admissible for any purpose, may be
evidenced by an official publication thereof or by a
copy attested by the officer having the legal custody of
the record, or by his deputy, and accompanied with a
certificate that such officer has the custody. If the office
in which the record is kept is within the United States
or within a territory or insular possession subject to the
dominion of the United States, the certificate may be
made by a judge of a court of record of the district or
political subdivision in which the record is kept, authenticated by the seal of the court, or may be made by
any public officer having a seal of office and having official duties in the district or political subdivision in
which the record is kept, authenticated by the seal of
his office. If the office in which the record is kept is in a
foreign state or country, the certificate may be made by
a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent or by any officer in
the foreign service of the United States stationed in the
foreign state or country in which the record is kept, and
authenticated by the seal of his office.
(b) Proof of Lack of Record. A written statement
signed by an officer having the custody of an official
record or by his deputy that after diligent search no
record or entry of a specified tenor is found to exist in
the records of his office, accompanied by a certificate as
above provided, is admissible as evidence that the records of his office contain no such record or entry.
(c) Other Proof. This rule does not prevent the proof
of official records or of entry or lack of entry therein by
any method authorized by an applicable statute, or by
the rules of evidence at common law. [Adopted Feb. 13,
1963, effective July 1, 1963.]
RULE45
SUBPOENA.
Subpoenas are governed by RCW 12.16.010 through
12.16.050, inclusive. Provided, that subpoenas may be
issued with like effect by the attorney of record of the
party to the action in whose behalf the witness is required to appear, and the form of such subpoena in
1966.]
RULES 46-50
(RESERVED)
INSTRUCTIONS TO JURY; OBJECTIONS.
At the close of the evidence the court on its own motion, or on the request of either party, shall instruct the
jury on the law either orally or in writing or both. Any
party may file written request that the court instruct the
jury. At the same time copies of requested instructions
shall be furnished to adverse parties. The court need
not grant any requested instruction if the matter is fairly covered by the instruction given. The court shall not
instruct with respect to matters of fact or comment
upon the evidence. [Adopted Feb. 13, 1963, effective
July I, 1963.]
RULE 52
FINDINGS
BY
THE COURT.
If a jury trial is not demanded, the judge shall hear
the evidence, and decide all questions of fact and law
and render judgment accordingly. He is not required to
make findings of fact or conclusions of law. !Adopted
Feb. 13, 1963, effective July I, 1963.]
RULE 53
(RESERVED)
VII. JUDGMENTS
(RULES 54-63)
RULE 54
JUDGMENTS; COSTS.
(a) Definition; Form. "Judgment" as used in these
rules includes a decree and any final order from which
an appeal lies. A judgment shall not contain a recital of
pleadings or the record of prior proceedings. Judgments
may be in a writing signed by the court or may be oral
confirmed by an entry in the record.
(b) Judgment Upon Multiple Claims. When more than
one claim for relief is presented in an action, whether as
a claim, counterclaim, cross-claim, or third-party
claim, the court may direct the entry of a final judgment upon one or more but less than all of the claims
only upon an express determination that there is no just
reason for delay and upon an express direction for the
entry of judgment. In the absence of such determination and direction, any order or other form of decisions,
however designated, which adjudicates less than all the
claims shall not terminate the action as to any of the
(Rules For Courts of limited Jurisdictio~ 15]
Rule 54
Rules For Courts of Limited Jurisdiction
claims, and the order or other form of decision is subject to revision at any time before the entry of judgment
adjudicating all the claims.
(c) Demand for Judgment. A judgment by default
shall not be different in kind from or exceed in amount
that prayed for in the demand for judgment. [Adopted
Feb. 13, 1963, effective July l, 1963.)
close of the trial, unless he reserves his decision, in
which event the trail shall be continued to a day certain, but not longer than 15 days. [Adopted Feb. 13,
1963, effective July l, 1963.]
RULE 59
(RESERVED)
RULE 55
RULE 60
DEFAULT.
RELIEF fROM JUDGMENT OR ORDER.
(a) Judgment. When the defendant fails to appear
and plead before or at the time specified in the notice,
or within one hour thereafter, or upon continuance, or
for trial, judgment shall be given on motion of the
plaintiff as follows: When the defendant has been
served with a true copy of the complaint, judgment
shall be given upon proof satisfactory to the court. In
those cases where interest and attorney's fees are
claimed by virtue of a written instrument, a copy of
said instrument shall be filed and the court shall set a
reasonable attorney's fee.
Clerical mistakes in judgments, orders or other parts
of the record and errors therein arising from oversight
or omission may be corrected by the court at any time
of its own initiative or on the motion of any party and
after such notice, if any, as the court orders. [Adopted
Feb. 13, 1963, effective July I, 1963.)
(b) Setting Aside Default. The court shall have full
power at any time after a judgment has been given by
default to vacate and set aside said judgment for any
good cause and upon such terms as the court shall
deem sufficient and proper. Such judgment shall be set
aside only upon 5 days notice in writing served upon
the plaintiff or the plaintiffs attorney and filed with the
court within 20 days after the entry of the judgment.
The court shall hear the application to set aside such
judgment either upon affidavits or oral testimony as the
court may deem proper. In case such judgment is set
aside the making of the application for setting the same
aside shall be considered an entry of general appearance in the case by the applicant, and the case shall
duly proceed to a trial upon the merits. No court shall
issue a transctipt or pay out or turn over money or
property received by the court by virtue of any default
judgment until the expiration of the said 20 days for
moving to set aside such default judgment.
Nothing herein contained shall limit the power of the
court to set aside a judgment, at any time, where the
court lacked jurisdiction to enter the judgment, or
where the judgment was obtained by fraud.
STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT.
(c) Plaintiffs, Counterclaimants, Cross-Claimants. The
provisions of this rule apply whether the party entitled
to the judgment by default is a plaintiff, a third-party
plaintiff, or a party who has pleaded a cross-claim or
counterclaim. [Adopted Feb. 13, 1963, effective July 1,
1963.]
RULE 61
(RESERVED)
RULE 62
When the court has ordered a final judgment on
some but not all the claims presented in the action, under the conditions stated in rule 54(b), the court may
stay enforcement of that judgment until the entering of
a subsequent judgment or judgments and may prescribe
such conditions as are necessary to secure the benefit
thereof to the party in whose favor the judgment is entered. [Adopted Feb. 13, 1963, effective July 1, 1963.)
RULE 63
(RESERVED)
VIII. PROVISIONAL AND FINAL REMEDIES
AND SPECIAL PROCEEDINGS
(RULES 64-71)
RULE 64
GARNISHMENT.
Chapter 12.32 of the Revised Code of Washington
and Special Proceedings Rules for Superior Court Rule
9 I.04W "Service of copy of writ of garnishment on defendant or judgment debtor" shall continue in full force
and effect and shall be fully applicable to garnishment
in courts of limited jurisdiction. [Adopted June 14,
1963, effective July 1, 1963.J
RULES 65--67
RULES 56-57
(RESERVED)
(RESERVED)
RULE68
RULE58
OFFER OF JUDGMENT.
ENTRY OF JUDGMENT.
Upon the verdict of a jury, the court shall immediately render judgment thereon. If the trial is by the
judge, judgment shall be entered immediately after the
(Rules For Courts of Limited Jurisdicdoo--p 16)
At any time more than 5 days before the trial begins,
a party defending against a claim may serve upon the
adverse party an offer to allow judgment to be taken
against him for the money or property or to the effect
specified in his offer, with costs then accrued. If within
Rule 75
Justice Court Civil Rules (JCR)
5 days after the service of the offer the adverse party
serves written notice that the offer is accepted, either
party may then file the offer and notice of acceptance
together with proof of service thereof and thereupon the
court shall enter judgment. An offer not accepted shall
be deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs. If
the judgment finally obtained by the offeree is not more
favorable then the offer, the offeree must pay the cost
incurred after the making of the offer. The fact that an
offer is made but not accepted does not preclude a subsequent offer. [Adopted Feb. 13, 1963, effective July I,
1963.]
(c) Release of Property Taken on Execution. On such
certificate being presented to the officer holding the execution, he shall forthwith release the property of the
judgment debtor that may have been taken on
execution.
RULES 69-71
IX. APPEALS
(RULES 72-76)
(e) Judgment Against Appellant and Sureties. In all
cases of appeal to the superior court, if on the trial
anew in such court, the judgment be against the appellant in whole or in part, such judgment shall be rendered against him and his sureties on the bond on
appeal. [Adopted Feb. 13, 1963, effective July I, 1963.)
RULE72
RULE74
(RESERVED)
(RESERVED)
RULE73
RULE75
APPEAL TO A SUPERIOR COURT.
RECORD ON APPEAL TO A SUPERIOR COURT.
(a) When and How Taken. When an appeal is permitted by law from a court of limited jurisdiction to a
superior court such appeal shall be taken by serving a
copy of notice of appeal on the adverse party or his attorney, and filing, within 20 days after the judgment is
rendered or decision made, the original notice of appeal
with acknowledgement or affidavit of service in the
court of limited jurisdiction and, unless such appeal be
by a county, city, town or school district, filing a bond
or undertaking, as herein provided. No appeal, except
when such appeal is by a county, city, town or school
district, shall be allowed in any case unless a bond or
undertaking shall be executed on the part of the appellant and filed with and approved by the court of limited
jurisdiction with one or more sureties, in the sum of one
hundred dollars, conditioned that the appellant will pay
all costs that may be awarded against him on appeal; or
if a stay of proceedings in the court of limited jurisdiction be claimed, except by a county, city, town or
school district, a bond or undertaking, with two or
more personal sureties, or a surety company as surety,
to be approved by the court of limited jurisdiction, in a
sum equal to twice the amount of the judgment and
costs, conditioned that the appellant will pay such
judgment, including costs, as may be rendered against
him on appeal, be so executed and filed.
(a) Transcript; Procedure in Superior Court; Pleadings
in Superior Court. Within IO days after the appeal has
been taken in a civil action or proceeding, the appellant
shall file with the clerk of the superior court a transcript
of all entries made in the docket of the court of limited
jurisdiction relating to the case, together with all the
process and other papers relating to the case filed in the
court of limited jurisdiction which shall be made and
certified by such court to be correct upon the payment
of the fees allowed by law therefor, and upon the filing
of such transcript the superior court shall become possessed of the cause, and shall proceed in the same manner, as near as may be, as in actions originally
commenced in that court, except as provided in these
rules. The issue before the court of limited jurisdiction
shall be tried in the superior court without other or new
pleadings, unless otherwise directed by the superior
court.
(RESERVED)
(b) Stay of Proceedings. Upon an appeal being taken
and a bond filed to stay all proceedings, the court of
limited jurisdiction shall allow the same and make an
entry of such allowance, and all further proceedings on
the judgment in such court shall thereupon be suspended; and if in the meantime execution shall have been
issued, such court shall give the appellant a certificate
that such appeal has been allowed.
(d) No Dismissal for Defective Bond. No appeal allowed by a court of limited jurisdiction shall be dismissed on account of any defect in the bond on appeal,
if the appellant, before the motion is determined, shall
execute and file in the superior court such bond as he
should have executed at the time of taking the appeal,
and pay all costs that may have accrued by reason of
such defect.
(b) Transcript; Procedure on Failure to Make and
Certify; Amendment. If upon an appeal being taken the
court of limited jurisdiction fails, neglects or refuses,
upon the tender or payment of the fees allowed by law,
to make and certify the transcript, the appellant may
make application, supported by affidavit, to the superior
court and the court shall issue an order directing the
court of limited jurisdiction to make and certify such
transcript upon the payment of such fees. Whenever it
appears to the satisfaction of the superior court that the
return of the court of limited jurisdiction to such order
is substantially erroneous or defective it may order the
court of limited jurisdiction to amend the same. If the
judge of the court of limited jurisdiction fails, neglects
or refuses to comply with any order issued under the
provisions of this section he may be cited and punished
(Rules For Courts of Limited Jurisdictioo---p 17)
Rule 75
Rules For Courts of Limited Jurisdiction
for contempt of court. [Adopted Feb. 13, 1963, effective
July 1. 1963.]
RULE 76
(RESERVED)
X. COURT AND CLERKS
(RULES 77-80)
conflict therewith shall be of no further force and effect.
They govern all proceedings in actions after they take
etfect, and also all further proceedings in actions pending on their effective dates, except to the extent that in
the opinion of the court, expressed by its order, the application of rules in a particular action pending when
the rules take effect would not be feasible or would
work injustice, in which event the procedure existing at
the time the action was brought applies. {Adopted Feb.
13, 1963, effective July l, 1963.]
RULE 77
(RESERVED)
XII. MISCELLANEOUS PROCEEDINGS RULES
(RULES 86.04--99.04)
RULE 77.04
ADMINISTRATION OF OATH.
RULES 86.04 THROUGH 9'J.04
The oaths or affirmations of all witnesses
( 1) Shall be administered by the judge;
(2) Shall be administered to each witness on coming
to the stand, not to a group and in advance; and
(3) The witness shall stand while the oath or affirmation is pronounced. [Adopted Feb. 13, 1963, effective
July 1, 1963.]
(RESERVED)
RULES 78-80
JUSTICE COURT CRIMINAL RULES (JCRR)
(Formerly: Criminal Rules for Justice Court; Criminal Rules for
Courts of Limited Jurisdiction (J Crim. R.))
TABLE OF RULES
CHAPTER 1
(RESERVED)
SCOPE, PURPOSE
STRUCTION
AND
CON-
RULE l.01 Scope
XI. GENERAL PROVISIONS
(RULES 81-86)
RULE l.02 Purpose and construction
RULE l.03 Local Court Rules--Availability
RULE 81
(RESERVED)
RULE 82
JURISDICTION AND VENVE--UNAFFECTED.
These rules shall not be construed to extend or limit
the jurisdiction of the courts of limited jurisdiction or
the venue of actions therein. Jurisdiction and venue
shall be governed by RCW 3.20.100, 3.20.110, 3.34.110,
3.50.280, 3.66.040 and 3.66.050. [Adopted Feb. 13, 1963,
effective July 1, 1963.]
RULES 83-84
(RESERVED)
RULE 85
TITLE.
These rules may be known and cited as Civil Rules
for Courts of Limited Jurisdiction and they may be referred to as JCR.* [Adopted Feb. 13, 1963, effective
July l, 1963.]
*Reviser's note: By order of Supreme Court dated May 5, 1967, effective July }, 1967, these rules were redesignated Civil Rules for Justice Court and may be referred to as JCR.
RULE 86
EFFECTIVE
DATE.
These rules take effect on the dates specified by the
Supreme Court and thereafter all procedural laws in
(Rules For Courts of limited Jurisdiction---p 18)
RULE 1.04 Style and Form
CHAPTER 2
PRELIMINARY PROCEEDINGS
RULE 2.01 Complaint--Citation and Notice
(a) Complaint
(b) Citation and Notice to Appear
(c) Citizen Complaints
(d) Filing
(e) Exceptions
RULE 2.02 Warrant or Summons Upon Complaint
(a) Issuance of Warrant of Arrest
(b) Issuance of Summons in Lieu of Warrant of
Arrest
(c) Form
(d) Execution or Service
(e) Return
(f) Defective Warrant or Summons
RULE 2.03 Proceedings Before the Judge--Procedure Following Execution of a Warrant, or
Arrest Without a Warrant--Bail-Preliminary Hearing
(a) Preliminary Appearance
(b) Filing of Complaint
(c) Effect of Failure to Grant Preliminary Appearance or File Complaint
(d) Preliminary Hearing
RULE 2.04 Complaint and Citation--Sufficiencies
(a) Complaint
(b) Citation and Notice
Digest
Justice Court Criminal Rules (JCrR)
RULE 2.05 Complaint--Joinder of Offenses and
Defendants
(a) Joinder of Offenses
(b) Joinder of Defendants
RULE 2.06 Several Complaints for Same Offense-Jurisdiction--Consolidation
(a) Several Complaints for Same Offense-Same Court
(b) Several Complaints for Same Offense-Different Courts
RULE 3.08 Continuances--Trial
Days--Dismissal
Within
Sixty
RULE 3.IO Witnesses--Process--Subpoena
RULE 3.11 Witnesses-Continued Obligation to Attend--Dismissal
RULE 3.12 Subpoena Duces Tecum--Motion to
Quash--Production and Inspection
RULE 3.13 Process--Criminal
RULE 2.07 Complaint--Loss or Destruction-Copy
CHAPTER 4
RULE 2.08 Procedure on Failure to Obey Citation and
Notice to Appear
(a) Residents
(b) Nonresidents
RULE 4.02 Procedure Upon a Plea of Guilty
RULE 2.09 Pretrial Release
(a) Release on Personal Recognizance or Other
Conditions
(b) Factors to be Considered
(c) Conditions of Release
(d) Statement of Conditions Imposed
(e) Review of Conditions
(f) Amendment of Order
(g) Willful Violation of Condition of Release
(h) Release After Verdict
(i) Conformity With Rules of Evidence Not
Necessary
()) Forfeitures of Collateral Security
(k) Defendant Discharged on Recognizance or
Bail--Absence--Forfeiture
RULE 4.04 Trial Together of Complaints
RULE 2. IO Search and Seizure
(a) Authority to Issue Warrant
(b) Property Which May Be Seized With a
Warrant
(c) Issuance and Contents
(d) Execution and Return With Inventory
(e) Motion for Return of Property
RULE 2.11 Right to and Assignment of Counsel
(a) Types of Proceedings
(b) Stage of Proceedings
(c) Explaining the Availability of a Lawyer
(d) Assignment of Counsel
(e) Withdrawal of Attorneys
(f) Services Other Than Counsel
CHAYfER 3
ARRAIGNMENT AND PREPARATION FOR TRIAL
RULE 3.01 Arraignment
TRIAL
RULE 4.01 Conduct of Trial
RULE 4.03 Procedure On a Plea of Not Guilty, or, of
Former Acquittal or Conviction, or Both
RULE 4.05 Relief From Prejudicial Joinder
RULE 4.06 Presence of the Defendant
RULE 4.07 Trial By Jury or By the Court
(a) Trial By Jury--Waiver
(b) Trial By Jury--Selection
(c) Trial by the Court
(d) Issues of Law
(e) Issues of Fact--Judge May Charge Jury as
to Law
RULE 4.08 Order of Trial
RULE 4.09 Evidence
RULE 4.10 Amendments
Continuance
to
Complaint--
RULE 4.11 Motion for Judgment of Dismissal
CHAPTER 5
VERDICT, JUDGMENT AND
TEN CE
SEN~
RULE 5.01 Trial By the Court
RULE 5.02 Verdict of Jury
RULE 5.03 Bail, Sentence and Judgment
(a) Bail
(b) Sentence
(c) Judgment
RULE 5.04 Judgment and Sentence--Presence of
Defendant--W arrant for Arrest
RULE 5.05 Judgment and Sentence--Duty of Judge
and Clerk
RULE 3.02 Arraignment--Time to Determine Plea
and to Consult Counsel
RULE 5.06 Judgment Set Aside
RULE 3.03 Arraignment--Appearance by Counsel
Only
RULE 6.01 Appeals--Perfecting of
(a) Venue
(b) Notice of Appeal
(c) The Record
(d) Notice of Filing
(e) Noting for Trial
RULE 3.04 Arraignment--Procedures--Effect of
RULE 3.06 Arraignment--Pleas
RULE 3.07 Complaints--When Tried
CHAPTER 6
APPEALS
(Rules For Courts of limited Jurisdiction---p 19)
Digest
Rules For Courts of Limited Jurisdiction
RULE 6.02 Imposition of Sentence Pending Appeal
(a) Stay of Sentence
(b) Imposition of Sentence
RULE 6.03 Appeal--Prosecution Thereof
(a) Failure to Certify Transcript
(b) Dismissal for Want of Prosecution
(c) Dismissal on Clerk's Motion
CHAPTER 8
DISQUALIFICATION OF JUDGE,
CLERICAL MISTAKES, CONDUCT
OF COURT
RULE 8.01 Judge, Disqualification
(a) Disqualification
(b) Affidavit of Prejudice
RULE 8.02 Judge, Disqualification--Another Judge
RULE 8.03 Clerical Mistakes
RULE 8.04 Rules of Court
CHAPTER10 MISCELLANEOUS
RULE 10.0ITime--Rules for Computing
RULE I0.02Motions and Applications--Notice-Service
RULE I0.03Title of Rules
CHAPTER I-SCOPE, PURPOSE AND
CONSTRUCTION
RULE 1.01
SCOPE.
See Rule JAR 2. [Adopted Feb. 13, 1963, effective
July I, 1963.]
RULE 1.02
PuRPOSE AND CONSTRUCTION.
See Rule JAR 2. [Adopted Feb. 13, 1963, effective
July I, 1963.]
RULE 1.03
LOCAL COUKT RULES--AV AlLABlLlTY.
Courts of limited jurisdiction may adopt such special
rules not inconsistent with these general rules as they
may deem necessary for their respective courts. The
court, upon the adoption of such rules, shall (a) arrange
for the duplication and distribution of such rules, (b)
send a copy of such rules to (1) the Administrator for
the Courts, (2) the Recording Secretary of the Judicial
Council, (3) the President of the Magistrates' Association, (4) the State Law Library, and (5) the Clerk of the
Supreme Court, and (c) keep a copy of such rules readily available for inspection. (Adopted Feb. 13, 1963, effective July I, 1963.]
RULE 1.04
STYLE AND FORM.
The complaint, warrant, summons, motions, briefs,
orders, decisions of the court and all other papers or
!RuJes Few Courts of Limited Jurisdktioo--p 201
forms required by or employed under these rules shall
be plainly written typed or printed. [Adopted Feb. 13,
1963, effective July 1, 1963.]
CHAPTER 2-PRELIMINARY PROCEEDINGS
RULE 2.01
COMPLAINT--CITATlON AND NOTICE.
(a) Complaint.
(l) Initiation. Except as otherwise provided in this
rule, all criminal proceedings shall be initiated by a
complaint.
(2) Contents. The complaint shall be in writing and
shall set forth:
(i) the name of the court;
(ii) the title of the action and the name of the offense
charged;
(iii) the name of the person charged; and
(iv) the offense charged, in the language of the statute, together with a statement as to the time, place,
person, and property involved to enable the defendant
to understand the character of the offense charged.
(3) Verification. The complaint shall be signed under
oath by the Prosecuting Attorney or other authorized
officer.
(b) Citation and Notice to Appear.
( 1) Issuance. Whenever a person is arrested for a violation of law which is punishable as a misdemeanor or
gross misdemeanor the arresting officer, or any other
authorized peace officer, may serve upon the arrested
person a citation and notice to appear in court, in lieu
of continued custody. In determining whether to issue a
citation and notice to appear, a peace officer may consider the following factors:
(i) whether the person has identified himself
satisfactorily;
(ii) whether detention appears reasonably necessary
to prevent imminent bodily harm to himself or to another, injury to property, or breach of the peace;
(iii) whether the person has ties to the community
reasonably sufficient to assure his appearance or whether there is substantial likelihood that he will refose to
respond to the citation; and
(iv). whether the person previously has failed to appear m response to a citation issued pursuant to this
section or to other lawful process.
(2) Contents. The citation and notice shall contain
substantially the same information as the "Uniform
Traffic Ticket and Complaint," sponsored by the
American Bar Association Traffic Court Program,
adopted in JTRT 2.01, and shall include:
(i) the name of the court and a space for the court's
docket, case or file number;
(ii) the name of the person, his address, date of birth,
and sex;
(iii) the date, time, place and description of the offense charged, the date on which the citation was issued, and the name of the citing officer;
(iv) the time and place at which the person is to appear in court which need not be a time certain, but may
Rule 2.02
Justice Court Criminal Rules (JCrR)
be within 72 hours or within a greater period of time
not to exceed 15 days after the date of the citation;
(v) a space for the person to sign a promise to appear.
(3) Release. To secure his release, the person must
give his written promise to appear in court as required
by the citation and notice served.
(4) Certificate. The citation and notice to appear shall
contain a form of certificate by the citing official that he
certifies, under penalties of perjury, as provided by
RCW 3.50.140, and any law amendatory thereof, that
he bas reasonable grounds to believe, and does believe,
the person committed the offense contrary to law. The
certificate need not be made before a magistrate or any
other person. Such citation and notice when signed by
t~e ~it!ng officer and filed with a court of competent junsd1ct10n shall be deemed a lawful complaint for the
purpose of initiating prosecution of the offense charged
therein.
(5) Additional Information. The citation and notice
may also contain such identifying and additional information as may be necessary and appropriate for law
enforcement agencies in the state.
(6) Approval of Form. To insure uniformity, the format and use _of the citation and notice, provided herein,
shall be subject to approval by the office of Administrator for the Courts.
(c) C~tizen Complaints. Any person wishing to make a
compl~mt shall appear before the judge empowered to
com1!11t persons charg~d with offenses against the state.
The J~dge shall examme on oath the complainant and
any witnesses he may require, take their statements, and
cause the statements and the complaint to be subscribed under oath by the person or persons making it.
(I) Citizen's Complaint--Alternate Method. The
judge i:nay consider any complaint on the basis of an
a_ffidav1t sworn to before the judge, a clerk, commiss10ner or notary public where the judge is satisfied that
probable cause exists, that the complaining witness is
aware of ~he gravity of initiating a criminal complaint,
the necessity of a court appearance for himself and witnesses, the possible liability for false arrest and consequences. of perjury, such affidavit may be in
substantially the form as provided herein.
~::TN~O:~~~:~~-~~~---}
No. ____ _
ss.
AFFIDAVIT OF COMPLAINING WITNESS
DEFENDANT:
Name __________________ Name __________________ _
Address ________________ Address ________________ _
Phone ______ Bus. _______ Phone ______ Bus. _______ _
WITNESSES:
Name __________________ Name __________________ _
Address ________________ Address ________________ _
Phone ______ Bus. _______ Phone ______ Bus. _______ _
Name __________________ Name __________________ _
Address ________________ Address ________________ _
Phone ______ Bus. _______ Phone ______ Bus. _______ _
I, the undersigned complainant understand that I
have the choice of complaining to a prosecuting authority rather than signing this affidavit. I elect to use
this method to start criminal proceedings. I understand
that the following are some but not all of the consequences of my signing a criminal complaint: ( l) the defendant may be arrested and placed in custody. (2) the
arrest if proved false may result in a lawsuit against me.
(3) if I have sworn falsely I may be prosecuted for perjury. (4) this charge will be prosecuted even though I
might later change my mind. (5) witnesses and complainant will be required to appear in court on the trial
date regardless of inconvenience, school, job, etc.
Following is a true statement of the events that led to
filing this charge. I (have) (have not) consulted with a
prosecuting authority concerning this incident.
On the day of, 19 __ , at -------------------------(location)
Signed ________________ _
SUBSCRIBED AND SWORN TO before me this
_____ day of __________ 19 __ .
Court Commissioner, Clerk,
Judge or Notary Public
(d) Filing. The original of the complaint or citation
and notice, shall be filed with the clerk of the court, and
sufficient copies shall be prepared in order to provide a
copy for each defendant.
(e)_ Exc~ptions. Traffic cases shall be processed as
provided m the Traffic Rules for Justice Courts, and
public intoxication cases may be processed_ under existing procedure, by Citation and Notice or by Uniform
Traffic Ticket and Complaint. [Adopted Feb. 13, 1963,
amended June 14, 1963, effective July I, 1963. Amended June 28, 1968, effective July 5, 1968. Amended Oct.
23, 1969, effective Nov. 7, 1969.)
RULE 2.02
WARRANT OR SUMMONS UPON COMPLAINT.
(a) lssuance of Warrant of Arrest. If it appears from
the complaint or from an affidavit or affidavits filed
therewith, that there is reasonable cause to believe that
an offense has been committed and that the defendant
has committed it, the judge, except as otherwise provided in 2.02(b), shall issue a warrant for the arrest of the
defendant unless he has already been arrested in connection with the offense charged and is in custody or
has bee~ released on obligation to appear in court. Befor.e rulmg on a r~quest for a warrant the judge may require. the complamant to appe~r personally and may
examme under oath the complamant and any witnesses
he may produce.
(b) Issuance of Summons in Lieu of Warrant of Arrest.
(I) Where summons may issue. In any case in which
the Judge finds sufficient grounds for issuing a warrant
pursu~nt to 2.02(a), he may issue a summons commandmg the defendant to appear in lieu of a warrant.
(2) When sum~o_ns must issue. If the complaint
charges the commiss10n of one or more misdemeanors
[Rules For Courts of Limited Jurisdiction--p 21)
Rule 2.02
Rules For Courts of Limited Jurisdiction
or gross misdemeanors, the judge shall issue a summons
instead of a warrant unless he has reasonable cause to
believe that the defendant will not appear in response
to a summons, or that arrest is necessary to prevent serious bodily harm to the accused or another, in which
case he may issue a warrant.
(3) Failure to appear on summons. If a person summoned fails to appear in response to the summons, or if
~ervice is unsuccessful, a warrant for his arrest may
issue.
(c) Form. (1) Warrant. The warrant shall be in writing
and in the name of the State of Washington, shall be
signed by the judge with the title of his office, and shall
state the date when issued and the municipality or
county where issued. It shall specify the name of the
defendant, or if his name is unknown, any name or description by which he can be identified with reasonable
certainty. It shall describe the offense charged against
the defendant; if the offense charged is triable in the
county in which the warrant issues, the warrant shall
command that the defendant be arrested and brought
forthwith before the the judge issuing the warrant. If
the offense is bailable, the warrant shall contain the release provisions then fixed by the judge pursuant to
JCrR 2.09.
(2) Summons. The summons shall be in the same
form as the warrant except that it shall summon the
defendant to appear before the judge issuing it at a
stated time and place.
(d) Execution or Service.
(1) Execution of warrant. The warrant shall be directed to all peace officers in the state and shall be executed only by a peace officer.
(2) Service of summons. The summons may be served
any place within the state. It shall be served by a peace
officer who shall deliver a copy of the same to the defendant personally, or it may be served by mailing the
same, postage prepaid, to the defendant at his address.
which he is charged, or that although not guilty of the
offense specified in the warrant or summons there is
reasonable ground to believe that he is guilty of some
other offense, the judge shall not discharge or dismiss
the defendant but may allow a new complaint to be
filed and shall thereupon issue a new warrant or summons. [Adopted April 18, 1973, effective July l, 1973.
Prior: Adopted Feb. 13, 1963, effective July l, 1963.]
Comment: supersedes RCW
10.16.010.
I0.04.010, 10.04.030; RCW
RULE 2.03
PROCEEDINGS BEFORE THE JUDGE--PROCEDURE
FOLLOWING EXECUTION OF A WARRANT, OR ARREST
WITHOUT A W ARRANT--BAIL--PRELIMINARY
HEARING.
(a) Preliminary Appearance.
( 1) Any person arrested for any offense, including
capital cases and other felonies and not released shall
be taken without unnecessary delay before a judge. The
term "without unnecessary delay" means as soon aa
practically possible. In any event, delay beyond the
close of business of the judicial day next following the
day of arrest shall be deemed unnecessary. The court
may, for good cause shown and recited in the order,
enlarge the time prior to preliminary appearance.
(2) The judge shall inform the person of the crime for
which he is arrested and of the rights of a person
charged with a crime and shall provide for pretrial release pursuant to Rule 2.09.
(b) Filing of Complaint. When a person arrested
without a warrant is brought before a judge, a complaint shall be filed within twenty-four hours after appearance before the court, or within such further time
as the court shall specify.
be cancelled by him. The person to whom a summons
has been delivered for service shall, on or before the return date, make return thereof to the judge before
whom the summons is returnable. The judge for reasonable cause can also order that the warrant be returned to him.
(c) Effect of Failure to Grant Preliminary Appearance
or File Complaint.
(1) If a person arrested and not released is not afforded preliminary appearance within the time prescribed by section (a), including any enlargement, the
court shall order such a person brought before the court
forthwith, and in default thereof, the court shall order
his immediate release, unless good cause to the contrary
be shown.
(2) If a complaint is not filed as provided by section
(b), the court shall order the immediate release of such
person.
(f) Defective Warrant or SUIIllllons.
(1) Amendment. No person arrested under a warrant
or appearing in response to a summons shall be discharged from custody or dismissed because of any irregularity in the warrant or summons, but the warrant
or summons may be amended so as to remedy any such
irregularity.
(2) Issuance of new warrant or summons. If during
the preliminary examination of any person arrested under a warrant or appearing in response to a summons, it
appears that the warrant or summons does not properly
name or describe the defendant, or the offense with
(d) Preliminary Hearing.
(1) When a felony complaint is filed, the court may
conduct a preliminary hearing to determine whether
there is probable cause to believe that the defendant
has committed a felony.
(2) If the court finds probable cause, or if the parties
waive preliminary hearing, the court shall bind the defendant over to the superior court. If the court finds
probable cause, an information shall be filed without
unnecessary delay or, if it is not, the defendant shall be
discharged. The court shall file the transcript in superior
court promptly after notice that the information has
(e) Return. The officer executing a warrant shall
make return thereof to the court before whom the defendant is brought pursuant to Rule 2.03. At the request
of the prosecuting attorney any unexecuted warrant
shall be returned to the judge by whom issued and shall
[RuJes For Coort.s of Limited Jurlsdictioo---p 22)
Rule 2.08
Justice Court Criminal Rules (JCrR)
been filed. The transcript shall include, but not be limited to, the bond and any exhibits filed in the court of
limited jurisdiction. Jurisdiction shall vest in the superior court when the information is filed.
(3) After the preliminary hearing, or a waiver thereof,
the court may defer a bind-over order if the parties
stipulate in writing that the case shall remain in the
court of limited jurisdiction for a specified time not exceeding 30 days.
(4) A preliminary hearing shall be conducted as
follows:
(i) The defendant may as a matter of right be present
at such hearing.
(ii) The court shall inform the defendant of the
charge unless the defendant waives such reading.
(iii) Witnesses shall be examined under oath and may
be cross-examined.
(iv) The defendant may testify and call witnesses in
his behalf.
(5) If a preliminary hearing on the felony complaint
is held and the court finds that probable cause does not
exist, the charge shall be dismissed, and may be refiled
only if a motion to set aside the finding is granted by
the superior court. The superior court shall determine
whether, at the time of the hearing on such motion,
there is probable cause to believe that the defendant
has committed a felony. [Adopted April 18, 1973, effective July 1, 1973. Prior: Adopted Feb. 13, 1963, amended June 14, 1963, effective July 1, 1963.]
deemed insufficient for failure to contain a definite
statement of the essential facts constituting the specific
offense with which the defendant is charged, nor by
reason of defects or imperfections which do not tend to
prejudice substantial rights of the defendant. Any defendant upon request shall be entitled as a matter of
right to a bill of particulars. [Adopted Feb. 13, 1963,
effective July 1, 1963. Amended June 28, 1968, effective
July 5, 1968.]
Comment: supersedes RCW 10.04.030, modifies if not supersedes
RCW 10.16.090.
RULE 2.06
RULE 2.05
COMPLAINT--JOINDER OF OFFENSES AND DEFENDANTS.
(a) Joinder of Offenses. Two or more offenses may be
charged in the same complaint in a separate count for
each offense if the offenses charged are of the same or
similar character or are based on the same act or transaction or on two or more acts or connected transactions
or transactions constituting parts of a common scheme
or plan.
(b) Joinder of Defendants. Two or more defendants
may be charged in the same complaint if they are alleged to have participated in the same act or transaction
or in the same series of acts or transactions constituting
an offense or offenses. Such defendants may be charged
in one or more counts together or separately and it shall
not be necessary to charge all the defendants in each
count. [Adopted F eh. 13, 1963, effective July l, 1963.]
SEVERAL COMPLAINTS FOR SAME OFFENSE--
RULE2.04
JURISDICTION--CONSOLIDATION.
COMPLAINT AND CITATION--SUFFICIENCIES.
(a) Several Complaints for Same Offense---Same
Court. If two or more complaints are filed against the
same defendant in the same court for the same offense,
the court shall order the complaints to be consolidated.
(a) Complaint. The complaint shall not be deemed
insufficient for lack of a formal caption or commencement, or a formal conclusion, or any other matter not
necessary to a plain, concise and definite statement of
the essential facts constituting the specific offense or offenses with which the defendant is charged, nor for lack
of any other matter not necessary to such statement,
nor need it negative any exception, excuse or proviso
contained in any statute creating or defining the offense
charged. Allegations made in one count may be incorporate~ by reference in another count. It may be alleged m any count that the means by which the
defendant committed the offense are unknown or that
he committed it by one or inore specified means. Unnecessary allegations may be disregarded as surplusage
and on motion of the defendant prior to trial may be
stricken from the complaint by the court. The complaint shall state for each count the official or customary. citation of any applicable statute, rule, regulation,
ordmance, or other provision of law which the defendant is alleged therein to have violated; but, error in the
citation or its omission shall not be ground for dismissal
of the complaint or for reversal of a conviction unless
the error or omission mislead the defendant to his
prejudice.
(b) Citation and Notice. No citation and notice issued
pursuant to the provision of Rule 2.0l(b) shall be
(b) Several Complaints for Same Offense--Different
Courts. If two or more complaints are filed against the
same defendant for the same offense in different courts,
and if each court has jurisdiction, the court in which the
first complaint was filed shall try the case and upon
motion by either party, or the judge, the second or several complaints shall be forwarded to the court in which
a complaint was first filed for consolidation and trial.
[Adopted Feb. 13, 1963, effective July 1, 1963.]
RULE 2.07
COMPLAINT--Loss OR DESTRUCTION--COPY.
When a complaint has been lost or destroyed a copy
thereof certified by the court may be substituted and
the case shall proceed without delay from that cause.
[Adopted Feb. 13, 1963, effective July l, 1963.]
RULE 2.08
PROCEDURE ON FAILURE TO OBEY CITATION AND NOTICE
TO APPEAR.
(a) Residents. The court shall issue a warrant for the
arrest of any defendant who is a resident of this state
and who has failed to appear before the court either in
!Rules For Courts of Umited Jurisdictioo--p 231
Rule 2.08
Rules For Courts of Limited Jurisdiction
person or by counsel in answer to a citation and notice
to appear upon which he has given his written promise
to appear. If the warrant is not executed within 30 days
after issue, the court shall make an entry of the notification on the docket, and may add a charge against the
defendant for failure to appear after a written promise
to do so, and mark the case closed, subject to being reopened when the appearance of the defendant is thereafter obtained.
(b) Nonresidents. If a nonresident defendant fails to
appear before the court either in person or by counsel
in answer to a citation and notice to appear upon which
he has given his written promise to appear, the court
shall mail a notice to the defendant at the address stated in the citation and notice to appear requesting him
to abide by his promise and appear in person or by
counsel on a day certain, and notifying him that he may
also be charged for his failure to appear after a written
promise to do so. If the nonresident defendant fails to
respond within 30 days after the date set in the notice,
the court shall issue a warrant for his arrest, and shall
make an entry of the notification on the docket, and
may add a charge against the defendant for failure to
appear after a written promise to do so, and mark the
case closed, subject to being reopened when the appearance of the defendant is thereafter obtained.
[Adopted June 28, 1968, effective July 5, 1968.)
RULE 2.09
PRETR1AL RELEASE.
(a) Any defendant charged with an offense shall at
his first court appearance be ordered released on his
personal recognizance pending trial unless the court determines that such recognizance will not reasonably assure his appearance, when required. When such a
determination is made, the court shall impose the least
restrictive of the following conditions that wiH reasonably assure his appearance or if no single condition
gives that assurance, any combination of the following
conditions:
(1) place the defendant in the custody of a designated
person or organization agreeing to supervise him;
(2) place restrictions on the travel, association, or
place of abode of the defendant during the period of
release;
(3) require the execution of an unsecured appearance
bond in a specified amount;
(4) require the execution of an appearance bond in a
specified amount and the deposit in the registry of the
court in cash or other security as directed, of a sum not
to exceed 10 per centum of the amount of the bond,
such deposit to be returned upon the performance of
the conditions of release;
(5) require the execution of an appearance bond with
sufficient solvent sureties, or the deposit of cash in lieu
thereof;
(6) require the defendant return to custody during
specified hours; or
(7) impose any condition other than detention
deemed reasonably necessary to assure appearance as
required.
(Rules For Courts of Limited Jurisdiction--p 24)
(b) In determining which conditions of release will
reasonably assure the defendant's appearance, the court
shall, on the available information, consider the relevant facts including: the length and character of the
defendant's residence in the community, his employment status and history and financial condition; his
family ties and relationships; his reputation, character
and mental condition; his history of response to legal
process, his prior criminal record~ the willingness of responsible members of the community to vouch for the
defendant's reliability and assist him in appearing in
court; the nature of the charge; and any other factors
indicating the defendant's ties to the community.
(c) Conditions of Release. Upon a showing that there
e:K.ists a substantial danger that the defendant will commit a serious crime or that the defendant's physical
condition is such to jeopardize his safety or that of others or that he will seek to intimidate witnesses, or otherwise unlawfully interfere with the administration of
justice, the court, upon the defendant's release, may
impose one or more of the following conditions:
( 1) prohibit him from approaching or communicating
with particular persons or classes of persons;
(2) prohibit him from going to certain geographical
areas or premises;
(3) prohibit him from possessing any dangerous
weapons, or engaging in certain described activities or
indulging in intoxicating liquors or in certain drugs;
(4) require him to report regularly to and remain under the supervision of an officer of the court or other
person or agency;
(5) detain him until his physical condition permits his
release.
(d) A court authorizing the release of the defendant
under this rule shall issue an appropriate order containing a statement of the conditions imposed, if any, shall
inform him of the penalties applicable to violations of
the conditions of his release and shall advise him that a
warrant for his arrest may be issued immediately upon
any such violation.
(e) Review of Conditions. Upon determining the conditions of release, the court, upon request, after twentyfour hours from the time of release, may review the
conditions previously imposed.
(f) Amendment of Order. The court ordering the release of a defendant on any condition specified in this
rule may at any time on change of circumstances or
showing of good cause amend its order to impose additional or different conditions for release.
(g) Upon a verified application by the prosecuting attorney alleging with specificity that a defendant has
willfully violated a condition of his release, a court shall
order the defendant to appear for immediate hearing or
issue a warrant directing the arrest of the defendant ~or
immediate hearing. A law enforcement officer havmg
probable cause to believe that a defendant released
pending trial for a felony is about to leave the state or
that he has violated a condition of such release, imposed pursuant to section (c), under circumstances
rendering the securing of a warrant impracticable, may
Rule 2.11
Justice Court Criminal Rules (JCrR)
arrest the defendant and take him forthwith before the
court.
(b) Release After Verdict. A defendant (I) who is
charged with a capital offe~se,. or (2) "".~o has been
found guilty of a felony and 1s either awa1tmg sentence
or has filed an appeal, shall be released pursuant to this
rule, unless the court finds that the defendant may flee
the state or pose a substantial danger to another or to
the community. If such a risk of flight or danger exists,
the defendant may be ordered detained.
(i) Information stated in, or offered in connection
with, any order entered pursuant to this rule need not
conform to the rules pertaining to the admissibility of
evidence in a court of law.
Q) Nothing contained in this rule shall be construed
to prevent the disposition of any case or class of cases
by forfeiture of collateral security where such disposition is authorized by the court.
(k) Defend ant Discharged on Recognizance or
Bail--Absence--Forfeiture.
If the defendant has been discharged on his own recognizance, on bail, or has deposited money instead
thereof, and does not appear for judgment when his
personal appearance is necessary, the court, in addition
to the forfeiture of the recognizance, or of the money
deposited, may direct the clerk to issue a bench warrant
for his arrest. [Adopted April 18, 1973, effective July 1,
1973.]
Comment: supersedes RCW I0.04.030; RCW I0.16.030, 10.16.040, I0.16.070.
RULE 2.10
SEARCH AND SEIZURE.
(a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued by a magistrate
upon request of a peace officer or prosecuting attorney.
(b) Property Which May be Seized With a Warrant. A
warrant may be issued under this rule to search for and
seize any (I) evidence of a crime; or (2) contraband, the
fruits of crime, or things otherwise criminally possessed;
or (3) weapons or other things by means of which a
crime has been committed or reasonably appears about
to be committed.
(c) Issuance and Contents. A warrant shall issue only
on an affidavit or affidavits establishing the grounds for
issuing the warrant. Such affidavit or affidavits may
consist of an officer's sworn telephonic statement to the
judge; provided, however, such sworn telephonic testimony must be electronically recorded at the time transmitted and retained in the court records and reduced to
writing as soon as possible thereafter. If the magistrate
finds that probable cause for the issuance of a warrant
exists, he shall issue a warrant or direct an individual
whom he authorizes for such purpose to affix his signature to a warrant identifying the property and naming
or describing the person or place or thing to be
searched. The finding of probable cause shall be based
on evidence, which may be hearsay in whole or in part,
provided there is a substantial basis for believing the
source of the hearsay to be credible and for believing
that there is factual basis for the information furnished.
Before ruling on a request for a warrant the court may
require the affiant to appear personally. and may examine under oath the affiant and any witnesses he may
produce. The judge shall record ~ summary of any additional evidence on which he relies. The warrant shall
be directed to any peace officer. It shall co~and the
officer to search, within a specified period of time not to
exceed 10 days, the person, place, or thing named for
the property specified. It shall designate a magistrate to
whom it shall be returned. The warrant may be served
at any time.
(d) Execution and Return With Inventory. The peace
officer taking property under the warrant shall _give to
the person from whom or from whose premises t.he
property is taken a copy of the warrant and a receipt
for the property taken. The return shall be made
promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be
made in the presence of the person from whose possession or premises the property is taken, or in the presence of at least one person other than the officer. The
magistrate shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the
warrant.
(e) Motion for Return of Property. A person aggrieved
by an unlawful search and seizure may move the court
for the return of the property on the ground that the
property was illegally seized and that he is lawfully entitled to possession thereof. If the- motion is granted, the
property shall be returned. If a motion for return of
property is made or comes on for hearing after an indictment or information is filed in the court in which
the motion is pending, it shall be treated as a motion to
suppress. [Adopted April 18, 1973, effective July 1,
1973.]
RULE 2.11
RIGHT TO AND ASSIGNMENT OF COUNSEL.
(a) Types of Proceedings.
(I) The right to counsel shall extend to all criminal
proceedings for offenses punishable by loss of liberty
regardless of their denomination as felonies, misdemeanors, or otherwise.
(b) Stage of Proceedings.
(I) The right to counsel shall accrue as soon as feasible after the defendant is taken into custody, when he
appears before a committing magistrate, or when he is
formally charged, whichever occurs earliest.
(2) Counsel shall be provided at every stage of the
proceedings, including sentencing, appeal, and postconviction review. Counsel initially appointed shall
continue to represent the defendant through all stages
of the proceedings unless a new appointment is made
because geographical considerations or other factors
make it necessary.
(c) Explaining the Availability of a Lawyer.
(Rules For Courts of limited
Jurisdictio---, 25)
Rule 2.11
Rules For Courts of Limited Jurisdiction
( 1) When a person is taken into custody he shall immediately be advised of his right to counsel. Such advice shall be made in words easily understood, and it
shall be stated expressly that a person who is unable to
pay a lawyer is entitled to have one provided without
charge.
(2) At the earliest opportunity a person in custody
who desires counsel shall be provided access to a telephone, the telephone number of the public defender or
official responsible for assigning counsel, and any other
means necessary to place him in communication with a
lawyer.
(d) Assignment of Counsel.
(1) Unless waived, counsel shall be provided to any
person who is financially unable to obtain one without
causing substantial hardship to himself or his family.
Counsel shall not be denied to any person merely because his friends or relatives have resources adequate to
retain counsel or because he has posted or is capable of
posting bond.
(2) The ability to pay part of the cost of counsel shall
not preclude assignment. The assignment of counsel
may be conditioned upon part payment pursuant to an
established method of collection.
(e) Withdrawal of Attorneys. Whenever a criminal
cause has been set for trial, no attorney shall be allowed
to withdraw from said cause, except upon written consent of the court, for good and sufficient reason shown.
(f) Services Other Than Counsel. Counsel for a defendant who is financially unable to obtain investigative, expert, or other services necessary to an adequate
defense in his case may request them by a motion.
Upon finding that the services are necessary and that
the defendant is financially unable to obtain them, the
court shall authorize counsel to obtain the services on
behalf of the defendant. The courts, in the interest of
justice and on a finding that timely procurement of
necessary services could not await prior authorization,
shall ratify such services after they have been obtained.
The court shall determine reasonable compensation
for the services and direct payment to the organization
or person who rendered them u-pon the filing of a claim
for compensation supported by an affidavit specifying
the time expended and the services and expenses incurred on behalf of the defendant, and the compensation received in the same cases or for the same services
from any other source. [Adopted April 18, 1973, effective July l, 1973.]
Comment: supersedes RCW 10.01.110.
CHAPTER 3-ARRAIGNMENT AND
PREPARATION FOR TRIAL
RULE 3.01
ARRAIGNMENT.
Arraignment shall be conducted in open court and
shall consist of reading the complaint to the defendant
or stating to him the substance of the charge, and calling on him to plead thereto. He shall be given a copy of
(Rules For Courts
or Limited Jurisdictioo---p 26]
the complaint before he is called upon to plead.
[Adopted Feb. 13, 1963, effective July l, 1963.J
RULE 3.02
ARRAIGNMENT--TIME TO DETERMINE PLEA AND TO
CONSULT COUNSEL.
The defendant shall not be required to plead to the
complaint until he shall have had a reasonable time to
examine the complaint. If the defendant appears in
court without counsel, the court shall advise him of his
right to counsel, and, if available his right to trial by
jury, enter this fact on the record, and, if time is requested to consult counsel, grant the defendant a reasonable time to consult counsel and determine his plea.
[Adopted Feb. 13, 1963, effective July 1, 1963.]
RULE 3.03
ARRAIGNMENT--APPEARANCE BY COUNSEL ONLY.
If the complaint is for a misdemeanor punishable by
fine only, the defendant may appear upon arraignment
by counsel. Any court may adopt a local rule, not limited to misdemeanors, substantially as follows: attorneys-at-law may enter a plea of not guilty in writing on
all (here insert type of case) cases. No further arraignment shall be required. [Adopted Feb. 13, 1963, effective July 1, 1963; amended May 12, 1969, effective July
1, 1969.)
RULE3.04
ARRAIGNMENT--PROCEDURES--EFFECT OF.
(a) Upon arraignment, the court shall ask the defendant his true name and, if it has been incorrectly stated
in the complaint, order the complaint corrected
according!y.
(b) The defendant may move to set aside the complaint on the grounds that the complaint:
(1) does not satisfy the requirements of these Rules,
or
(2) does not set forth facts constituting a crime, or
(3) contains matter which, if true, would constitute a
defense or other legal bar to the action.
(c) If the motion is well taken, the court shall order
appropriate amendments or corrections to be made, if
permitted under Rule 2.04; otherwise, the court shall
order the complaint dismissed.
(d) If the motion of dismissal is sustained because the
complaint contains matter which is a legal defense or
bar to the action, the judgment shall be final and the
defendant must be discharged; if sustained for any other reason, the dismissal shall not bar another prosecution for the same offense.
(e) If the motion is overruled, or well taken, followed
by appropriate amendments or corrections, the defendant shall enter his plea. [Adopted Feb. 13, 1963, effective July I, 1963.]
Rule 4.01
Justice Court Criminal Rules (JCrR)
RULE 3.06
ARRAIGNMENT--PLEAS.
(1) The defendant may plead not guilty, former .conviction, dismissal under Rule 3.04( d), or acquittal,
which may be pleaded with or without the plea of not
guilty, or guilty. The plea of guilty can be made only by
the defendant in open court. The court may refuse to
accept a plea of guilty and shall not accept such plea
with.out first determining of record that the plea is made
voluntarily and with understanding of the nature of the
charge. If the defendant fails or refuses to plead to the
complaint, or the court refuses to accept a plea of
guilty, a plea of not guilty shall be entered by the court.
(2) The court may, at any time before judgment, permit any plea to be withdrawn and an appropriate plea
substituted, if it deems such action necessary in the interest of justice.
(3) The plea of not guilty is a denial of every material
allegation in the complaint. All matters of fact may be
given in evidence under it, except a former conviction
or acquittal. [Adopted Feb. 13, 1963, effective July 1,
1963.]
RULE3.07
CoMPLAINTs--WHEN TRIED.
The defendant, charged by complaint, may be tried,
with his consent, immediately following his plea to the
complaint, or on the first available court day, unless in
either case the trial be continued to a day certain for
good cause. [Adopted Feb. 13, 1963, effective July 1,
1963; rule a.mended July 14, 1966, effective August 1,
1966.]
RULE3.08
CONTINUANCES--TRIAL WITHIN SIXTY DAYS-0ISMISSAL.
Continuances may be granted to either party for
good cause shown. Also, the court, on its own motion,
may postpone the trial for good and sufficient reason.
In either case, the continuance or postponement must
be to a date certain. If the defendant is not brought to
trial within 60 days from the date of appearance, except
where the postponement was requested by the defendant, the court shall order the complaint to be dismissed, unless good cause to the contrary is shown.
Dismissal under such circumstances shall be a bar to
further prosecution for the offense charged. [Adopted
Feb. 13, 1963, effective July 1, 1963; rule amended July
14, 1966, effective August 1, 1966.)
RULE3.10
WITNESSES--PROCESS--SUBPOENA.
(a) Before trial, upon request of the defendant, the
prosecuting attorney shall file with the court the names
of the witnesses he intends to call at the trial and shall
provide a copy of the list for the defendant or his
counsel.
(b) Both the prosecution and the defendant are entitled to subpoena such witnesses as are necessary, such
process to be issued by the judge or the clerk of the
court and directed to the sheriff of any county or any
peace officer of any municipality in the state in which
such witness may be.
(c) When so required by the court, the applicant for
subpoena, either in person or by coun~el~ shall show t?
the satisfaction of the court, the matenahty of the testimony which is expected to be obtained from such
witness.
See CrR 101.16W.
(d) The procedure for compelling attendance of witnesses shall be as established in Chapter 5.56 RCW,
RCW 10.04.060, 10.16.010, 10.16.140, 10.16.145, 10.16.150, 10.16.160, 10.16.190; and 12.16.010 and 12.16.040.
[Adopted Feb. 13, 1963, effective July l, 1963.)
RULE 3.11
WITNESSES--CONTINUED OBLIGATION TO ATTEND--0ISMISSAL.
When a witness has been subpoenaed he shall remain
in attendance until the case is disposed of, unless he be
excused or dismissed as provided in CrR 101.12W,
Witnesses in Criminal Cases; and he shall be liable for
contempt for any default or failure to appear. [Adopted
Feb. 13, 1963, effective July 1, 1963.]
RULE3.12
SUBPOENA DUCES TECUM--MOTION TO QUASH-PRODUCTION AND INSPECTION.
(a) A subpoena duces tecum may be issued by the
court upon application of either party, commanding the
person to whom it is directed to produce the books, papers, documents or other objects designated therein.
The court, on motion made promptly, may quash or
modify the subpoena if compliance would be illegal,
unreasonable or oppressive.
(b) The court may direct that books, papers, documents or objects designated in the subpoena be produced before the court at a time prior to the trial or
prior to the time when they are to be offered in evidence and may, upon their production, permit the
books, papers, documents or objects or portions thereof
to be inspected by the parties and their attorneys.
[Adopted Feb. 13, 1963, effective July 1, 1963.]
RULE3.13
PROCESS--CRIMINAL.
The court may issue criminal process to any person
anywhere in the state. [Adopted Feb. 13, 1963, effective
July 1, 1963.]
CHAPTER 4---TRIAL
RULE 4.01
CONDUCT OF TRIAL.
All judicial proceedings and trials shall be held in
open court, and shall be conducted in accordance with
these rules. Questions pertaining to the conduct of the
(Rules For Courts of Umited Jurisdiction-----p 27)
Rule 4.01
Rules For Courts of Limited Jurisdiction
trial and not covered by these rules or appropriate statutes shall be determined by the trial judge acting within
his sound discretion. [Adopted f eb. 13, 1963, effective
July 1, 1963.]
RULE 4.02
PROCEDURE UPON A PLEA OF GUILTY.
If the defendant pleads guilty, the judge may, if he
wishes or if he has any doubts as to the plea, examine a
witness or witnesses concerning the circumstances of
the charge. If he is satisfied, either with or without the
examination of witnesses, that the defendant is guilty,
the judge shall assess the punishment and enter judgment accordingly. If, after an examination of a witness
or witnesses, he is not satisfied as to the guilt of the defendant, he may, in his discretion, refuse to accept the
plea and enter a plea of not guilty. [Adopted Feb. 13,
1963, effective July 1, 1963.]
RULE 4.03
PROCEDURE ON A PLEA OF NOT GUILTY, OR, OF FORMER
ACQUITTAL OR CONVICTION, OR BOTH.
The proceedings upon the trial of criminal and traffic
offenses with respect to a plea of not guilty, or, of
former acquittal or conviction, or both, in all courts of
limited jurisdiction shall be the same as those which
apply to the trial of criminal cases in superior court except as altered by these rules or by statute. [Adopted
Feb. 13, 1963, effective July 1, 1963.]
RULE 4.04
TRIAL TOGETHER OF COMPLAINTS.
The court may order two or more complaints to be
tried together if the offenses, and the defendants if there
is more than one, could have been joined in a single
complaint. The procedure shall be the same as if the
prosecution were under a single complaint. [Adopted
Feb. 13, 1963, effective July 1, 1963.]
RULE 4.05
R£U£f fROM PR£JUDlClAL JOlND£R.
If it appears that a defendant or the state is prejudiced by a joinder of offenses or of defendants in a
complaint by such joinder for trial together, the court
may order a separate trial of counts, grant a severance
of defendants, or provide whatever other relief justice
requires. [Adopted Feb. 13, 1963, effective July 1, 1963.]
RULE 4.06
PRESENCE OF THE DEFENDANT.
The defendant shall be present during the trial. A
person being prosecuted for an offense punishable only
by a fine may with the approval of the court be absent
if with the approval of the court some responsible person undertakes to be bail for stay of execution and
payment of the fine and costs that may be assessed
against the defendant. [Adopted Feb. 13, 1963, effective
July I, 1963.]
(Rules For GJurts of Limited Jurisdiction--p
281
RULE 4.07
TRIAL BY JURY OR BY THE COURT.
(a) Trial By Jury--Waiver. When a trial by jury is
authorized by the constitution, statutes or decisions of
the Supreme Court, either the state or the defendant
may demand a jury, which shall consist of six or less
citizens of the state, who shall be impaneled and sworn
as required by law. Demand for jury trial must be made
at the time the defendant's plea is entered; otherwise, it
shall be deemed waived, unless the court rules to the
contrary.
(b) Trial By J ury--Selection. A jury shall be selected as follows: the judge shall write in a panel the
names of eighteen persons, citizens of the county, from
which the defendant, or his attorney, must strike one
name, the prosecuting attorney one, and so on alternately until each party shall have stricken six names,
and the remaining six names shall constitute the jury to
try such case; and if either party neglect or refuse to aid
in striking the jury as aforesaid the judge shall strike the
name in behalf of such party.
(c) Trial By the Court. Unless the court refuses to assent, the parties may waive the right to trial by jury either explicitly or by failing to demand a jury trial in a
timely manner, and trial shall be by the court. In trials
for violation of municipal ordinances, except as indicated in rule 4.07 (a), trial shall be by the court without
a jury. Where trial is by the court, the court shall make
a general finding and may, in its discretion, find the
facts specifically.
(d) Issues of Law. The court shall decide all questions
of Jaw which shall arise in the course of a trial. The
judge may, with the consent of all parties, answer questions asked by jurors pertaining to the law applicable to
the case.
(e) Issues of Fact-Judge May Charge Jury as to
Law. Issues of fact shall be tried by the jury in jury
cases and by the judge in nonjury cases. In cases tried
by a jury, the judge shall not comment on the evidence;
however, the court shall instruct the jury either orally or
in writing as to the law governing the case. lAdopted
Feb. 13, 1963, effective July 1, 1963.]
RULE 4.08
ORDER OF TRIAL.
(a) The order of trial in jury cases shall be as follows:
(1) Where trial by jury is requested, and authorized, a
qualified jury, selected as provided by law, shall be
sworn well and truly to try the case.
(2) Unless both parties waive opening statements, the
prosecutor shall make the opening statement outlining
the evidence which will be offered by the prosecution,
and the defendant or his counsel may immediately
thereafter make the opening statement for the defe°:dant or such opening statement may be reserved until
after the conclusion of the prosecution's ·case-in-chief.
(3) The prosecutor shall submit evidence in support
of the prosecution.
Rule 5.03
Justice Court Criminal Rules (JCrR)
(4) Defendant's attorney may challenge the sufficiency of the evidence at the close of the prosecution's
case-in-chief, and, if sustained, the case shall be dismissed; otherwise, the defendant may then offer evidence in defense.
(5) If the defendant's counsel shall have reserved his
opening statement until the close of the prosecution's
case-in-chief, he may then state the case for the defense; if such statement has already been made, he may
then offer evidence in support thereof or he may, by
proper motion, challenge the sufficiency of the
prosecution's case-in-chief to sustain a conviction.
(6) The parties may thereafter respectively offer testimony in rebuttal only unless the court, for good cause
shown or believing that the interests of justice will be
best served thereby, permits the parties to offer evidence upon their original cases.
(7) If the jury is instructed, the instructions shall be
given prior to argument by counsel.
(8) Unless both parties waive argument and agree
that the cause be decided by the court or submitted to
the jury without argument, the prosecutor shall make
the opening argument and the counsel for the defendant may follow and the prosecutor may conclude the
argument. The length of time of all arguments shall be
fixed by the court in its discretion and announced before the arguments are commenced. Equal time shall be
allowed each party.
(b) The order of trial in nonjury cases shall be the
same as in subsection (a) except as to such portions as
are not applicable to nonjury cases. [Adopted Feb. 13,
1963, effective July 1, 1963.]
RULE4.09
EVIDENCE.
Until such time as rules of evidence for the trial of
criminal cases in all courts are promulgated, the rules
evidence in civil actions, so far as practicable, shall be
applied to criminal prosecutions.
With respect to confessions, in jury cases, the procedure set forth in CrR 101.20W shall apply, upon demand of the defendant. [Adopted Feb. 13, 1963,
effective July 1, 1963.)
RULE 4.10
AMENDMENTS TO COMPLAINT--CONTINUANCE.
The court may permit a complaint to be amended at
any time before judgment if no additional or different
offense is charged, and if substantial rights of the defendant are not thereby prejudiced. A continuance shall
not be granted upon such amendment unless the defendant shall satisfy the court that the amendment has
made it necessary for him to have additional time in
whic~ to prepare his defense. [Adopted Feb. 13, 1963,
effecttve July I, 1963. J
RULE 4.11
MOTION FOR JUDGMENT OF DISMISSAL.
Motions for directed verdict are abolished and motions for judgment of dismissal are substituted in their
place. The court either on motion of a defendant, or on
its own motion, shall order entry of judgment of dismissal of one or more offenses charged by complaint if,
after the evidence on either side is closed, the court
concludes as a matter of law that such evidence is not
sufficient to sustain a judgment of conviction of such
offense or offenses. If a defendant's motion for judgment of dismissal at the close of the prosecution's casein-chief, is not granted, the defendant may offer evidence without having reserved the right. If defendant's
motion is granted, the state shall have the right to appeal from the court's ruling. [Adopted Feb. 13, 1963,
effective July I, 1963.]
CHAPTER 5-VERDICT, JUDGMENT AND
SENTENCE
RULE 5.01
TRIAL BY THE COURT.
Where trial is by the court, the court shall make a
general finding and may, in its discretion, find the facts
specifically. [Adopted Feb. 13, 1963, effective July 1,
1963.]
RULE 5.02
VERDICT OF JURY.
(a) When all members of the jury have agreed upon a
verdict of guilty or not guilty, it must be signed by the
foreman and returned by the jury to the judge in open
court.
(b) When a verdict is returned and before it is recorded, the jury shall be polled at the request of any
party or upon the court's own motion. If at the conclusion of the poll all of the jurors do not concur, the jury
may be directed to retire for further deliberations or
may be discharged by the court. [Adopted Feb. 13,
1963, effective July 1, 1963.]
RULE 5.03
BAIL, SENTENCE AND JUDGMENT.
(a) Bail. Pending sentence, the court may commit the
defendant or continue or alter the bail.
(b) Sentence. Before imposing sentence, the court
shall a~ord the defendant, and the prosecution, an opportumty to make a statement and to present information in extenuation, mitigation, or aggravation of
punishment. Upon a finding of guilty, in courts established under RCW 3.30 through 3.74, the sentence shall
be determined and imposed by the court. In other
courts of limited jurisdiction, unless the case is tried
without a jury, the jury imposes the sentence.
(c) Judgment. The judgment of conviction shall set
forth the plea, the verdict or findings, and the adjudication and sentence. If the defendant is found not guilty
or for any other reason is entitled to be discharged, the
judgment shall be entered accordingly. [Adopted Feb.
13, 1963, amended June 14, 1963, effective July 1, 1963;
amen?ed, adopted Dec. 17, 1970 also March 26, 1971,
effective Apr. 16, 1971.]
!Rules For Courts of Limited Jurisdiction---p 29)
Rule 5.04
Rules For Courts of Limited Jurisdiction
RULE 5.04
JUDGMENT AND SENTENCE--J>RESENCE OF
DEFENDANT--W ARRANT FOR ARREST.
The defendant must be personally present when sentence and judgment are pronounced unless the court,
upon request, consents to the absence of the defendant.
If the defendant is in custody, he must be brought before the court for judgment and sentence; if he is not
present when his personal attendance is necessary, the
court may order the issuance of a warrant for his arrest.
[Adopted Feb. 13, 1963, effective July 1, 1963.]
RULE 5.05
JUDGMENT AND SENTENCE--DUTY OF JUDGE AND
CLERK.
Whenever a judgment upon a conviction shall be
rendered in any court, the judge or clerk of such court
shall enter such judgment on the court record, stating
briefly the offense for which such conviction shall have
been had; but the omission of this duty, either by the
judge or clerk, shall not affect or impair the validity of
the judgment. [Adopted Feb. 13, 1963, effective July 1,
1963.]
duly certified by such justice court, furnished without
charge, containing a copy of all written pleadings and
docket entries, and including exhibits introduced into
evidence in the trial before the justice court. A cash bail
or bail bond filed in the justice court shall at the same
time be transferred to the superior court, there to be
held pending disposition of the appeal. Evidence not
offered in trial in the superior court shall be returned to
the justice court.
(d) Notice of Filing. The justice court shall give
prompt notice of the filing or mailing to the respondent
and appellant, giving such particulars as date of filing
or mailing and superior court file number, if known.
Where the justice court is not located at the county
court house, such filing may be made by certified mail,
in which case the justice court shall advise appellant
and respondent of the date of mailing.
(e) Noting for Trial. Within 20 days after the transcript is filed, appellant shall note the case for trial and
otherwise diligently prosecute the appeal. [Adopted
Dec. 23, 1968, effective Jan. 3, 1969; amended May 12,
1969, effective July 1, 1969. Prior: Adopted Feb. 13,
1963, effective July 1, 1963.)
RULE 5.06
RULE 6.02
JUDGMENT SET ASIDE.
IMPOSITION OF SENTENCE PENDING APPEAL.
The court may for cause, on its own initiative, or on
motion of the defendant set aside a judgment of conviction and order a new trial at any time before the
time for appeal has expired and before an appeal has
been taken. [Adopted Feb. 13, 1963, effective July l,
1963.)
(a) Stay of Sentence. All sentences shall be stayed if
an appeal is taken and the defendant posts cash bail or
his bond to the state which shall be deposited with the
clerk of the court, in such reasonable sum with sureties
as the lower court judge may require, upon the following conditions: that he will diligently prosecute the appeal, that he will within 10 days after the same is filed
in the superior court note the case for trial, and will
appear at the court appealed to and comply with any
sentence of the superior court, and will, if the appeal is
dismissed for any reason, comply with the sentence of
the lower court.
CHAPTER 6---APPEALS
RULE 6.01
APPEALS--PERFECTING OF.
(a) Venue. Appeals shall be to the superior court of
the county in which the court of limited jurisdiction is
located. The appeal from a justice court located in a
joint justice court district shall be made to the superior
court of the county where the offense was alleged to
have been committed.
(b) Notice of Appeal. The appeal shall be taken by
serving a copy of a written notice of appeal containing
the address of the appellant and his attorney upon the
attorney for the party in whose favor judgment was entered and by filing the original thereof with acknowledgment or affidavit of service thereof with the court in
which the case was tried within 10 days after entry of
judgment. If a motion for a new trial or for arrest of
judgment has been timely made, such notice and proof
of service may be filed within 10 days after entry of the
order denying the motion.
(c) The Record. After a notice of appeal is filed, the
justice court shall immediately, and in no event later
than 10 days thereafter, file with the clerk of the superior court in which the appeal is pending a transcript
(Rules For Courts of Limited Jurisdiction--p JO)
(b) Impositions of Sentence. If the appellant fails to
provide security, sentence imposed shall be executed.
[Adopted Dec. 23, 1968, effective Jan. 3, 1969. Prior:
Adopted Feb. 13, 1963, effective July 1, 1963.]
RULE 6.03
APPEAL--PROSECUTION THEREOF.
(a) Failure to Certify Transcript. If the lower court
fails, neglects or refuses to make and certify the transcript within the time allowed, the appellant may make
application to the superior court not later than twenty
days after the filing of the notice of appeal and the superior court shall issue an order to make and certify the
transcript.
(b) Dismissal for Want of Prosecution. Where the
cause has not been noted for trial within 20 days after
filing of the transcript, the superior court clerk shall
forthwith note the appeal for dismissal for want of
prosecution. If, after a hearing, it is determined that
appellant has not met time requirements, the cause shall
Rule 10.01
Justice Court Criminal Rules (JCrR)
be dismissed. Upon dismissal of the appeal for failure
of appellant to proceed diligently with the appeal as
herein required, or for any other cause, the judgment of
the lower court shall be enforced by the judge thereof.
If, at the time of such dismissal, cash deposit or appeal
bond as hereinafter required has been furnished and is
in the custody of the superior court, the same shall be
returned to the lower court. The lower court shall have
power to forfeit the cash bail or appeal bond and issue
execution thereon for breach of any condition under
which it is furnished.
(c) Dismissal on Clerk's Motion. In all justice court
appeals wherein there has been no action of record
during the ninety days just past, the clerk of the superior court shall mail notice to the appellant and counsel
at the addresses contained in the notice of appeal and
such appeal will be dismissed by the court for want of
prosecution unless within thirty days following such
mailing, action of record is made for an application in
writing to the court and good cause shown why it
should be continued as a pending case. If the appeal is
dismissed, the clerk of the court will proceed as per
section (b) above. [Adopted Dec. 23, 1968, effective Jan.
3, 1969; amended June 23, 1969, effective July l, 1969.
Prior: Adopted Feb. 13, 1963, effective July 1, 1963.)
CHAPTER 8-DISQUALIFICATION OF JUDGE,
CLERICAL MISTAKES, CONDUCT OF COURT
RULE 8.01
JUDGE, DISQUALIFICATION.
(a) Disqualification. In any case pending in any court
of limited jurisdiction, unless otherwise provided by
law, the judge thereof shall be deemed disqualified to
hear and try the case when he is in anywise interested
or prejudiced. The judge, of his own initiative, may enter an order disqualifying himself; and he shall also
disqualify himself under the provisions of this rule if,
before the jury is sworn or the trial is commenced, a
party or his attorney of record files an affidavit that
such party cannot have a fair and impartial trial by
reason of the interest or prejudice of the judge or for
other ground provided by law. Only one such affidavit
shall be filed on behalf of, the same party in the case
and such affidavit shall be made as to only one of the
judges of said court.
(b) Affidavit of Prejudice. All right to an affidavit of
prejudice will be considered waived where filed more
than ten (10) days after the defendant's plea is entered,
or the case is set for trial which ever should occur first,
unless the affidavit alleges a particular incident, conversation or utterance by the judge, which was not known
to the party or his attorney within the ten (IO) day period. In multiple judge courts, or where a pro tern or
visiting judge is designated as the trial judge, the ten
(IO) day period shall commence on the date that the
defendant or his attorney has actual notice of assignment or reassignment to a designated trial judge.
[Adopted Feb. 13, 1963, effective July 1, 1963; amended, adopted Dec. 17, 1970 also March 25, 1971, effective
Apr. 16, 1971.]
RULE 8.02
JUDGE, DISQUALIFICATION--ANOTHER JUDGE.
When ever a justice of the peace is disqualified, said
judge shall forthwith make an order transferring and
removing the case to another judge authorized by law
to hear such case. RCW 3.50.280 shall apply to municipal courts. [Adopted Feb. 13, 1963, effective July 1,
1963.)
RULE 8.03
CLERICAL MIST AKES.
Clerical mistakes in judgments, orders or other parts
of the record and errors in the record arising from
oversight or omission may be corrected by the court at
any time and after such notice, if any, as the court may
order. If an appeal has been taken, such mistakes may
be so corrected until the record has been filed in the
appellate court, and thereafter while the appeal is
pending may be so corrected with the leave of the appellate court. [Adopted Feb. 13, 1963, effective July 1,
1963.]
RULE 8.04
RULES OF COURT.
If no procedure is specifically prescribed by rule, the
court may proceed in any lawful manner not inconsistent with these rules, or with any applicable statute.
[Adopted Feb. 13, 1963, effective July 1, 1963.)
CHAPTER 10--MISCELLANEOUS
RULE 10.01
TIME--RULES FOR COMPUTING.
(a) In computing any period of time prescribed or allowed by these rules, by order of court or by any applicable law, the day of the act, event or default after
which the designated period of time begins to run is not
to be counted or included, and the last day of the prescribed or allowed period so computed is to be counted
and included, unless such last day be a Sunday or a legal holiday, in which event the period runs until the end
of the next day which is neither a Sunday nor a legal
holiday. When the allowed period is less than 7 days,
intermediate Sundays and legal holidays, if any, shall
be excluded in the computation.
(b) Whenever by these rules or by a notice given
thereunder or by order of court an act is required or
allowed to be done at or within a specified time, the
court, for cause shown, may at any time in its discretion: (l) with or without motion or notice order the period enlarged if application therefor is made before the
expiration of the period originally prescribed or as extended by a previous order; or (2) upon motion and
notice permit the act to be done after the expiration of
(Rules For
Courts of limited Jurisdictioo-;t 311
Rule 10.01
Rules For Courts of Limited Jurisdiction
the specified period where the failure to act was the result of excusable neglect; but the court may not enlarge
the period for taking an appeal as provided for in these
rules. [Adopted Feb. 13, 1963, effective July 1, 1963.]
RULE 10.02
(k)
(1)
(m)
(n)
(o)
Mandatory Court Appearance
Qualified Mandatory Cases
Other Violations
Multiple Offenses
Judicial Council Review
RULE T2.04
MOTIONS AND APPUCATIONS--NOTICE--SERVICE.
Reasonable notice shall be given to the opposing
party or attorney of record of all motions and applications other than those ex parte. Where a motion or application is supported by an affidavit, a copy of such
affidavit shall be served with the motion or application.
[Adopted Feb. 13, 1963, effective July 1, 1963.]
RULE 10.03
TITLE OF RULES.
These rules may be known and cited as Criminal
Rules for Courts of Limited Jurisdiction, and they may
be referred to as J Crim. R.* [Adopted Feb. 13, 1963,
effective July 1, 1963.]
•Reviser's note: By order dated May 5, 1967, effective July I, 1967,
these rules were redesignated as Criminal Rules for Justice Court and
may be referred to as JCrR.
JUSTICE COURT TRAFFIC RULES (JTR)
( Formerly: Traffic Rules for Justice Court; Traffic Rules for Courts
of Limited Jurisdiction.)
TABLE OF RULES
CHAPTER Tl
SCOPE, PURPOSE AND
STRUCTION
RULE Tl.01
Scope
RULE Tl.02
RULE Tl.03
Local Court Rules--Availability
RULE Tl.04
Definitions
CHAPTER T2
PRELIMINARY PROCEEDINGS
RULE T2.0l
Complaint and Citation--Form and
U se--Defects
RULE T2.02
Complaint and Citation--Arrest by
Warrant-Charge Without Arrest--Procedure
(d)
RULE T2.05
Procedure on Failure to Obey Citation
(a) Residents
(b) Nonresidents
RULE T2.06
Traffic
Procedure
(a) Traffic Violations
(b) Traffic Violations
(c) Traffic Violations
CHAPTER T3
(a)
(b)
(c)
(d)
(e)
(t)
(g)
(h)
(i)
0)
Procedure Upon Arrest Without a
Warrant--Under a Warrant-Personal Recognizance--Bail
Bail Schedules--Traffic Cases
Procedure Upon Arrest Without a Warrant--Traffic Cases
Procedure Following Execution of Warrant--Traffic Cases
Cash Bail
Release on Bail
Personal Recognizance at Arraignment
Administrative Personal Recognizance
Review
Condition for Release on Personal
Recognizance
Bail Schedule
(Rules For Courts of limited Jurisdictioo---p 32)
Violations
Bureau-
Bureau
Bureau--Authority
Bureau--Duties
ARRAIGNMENT AND TRIAL-TRAFFIC CASES
RULE T3.0l
Separation of Traffic Cases
(a) Separate Trial
(b) Trial by Traffic Division
(c) Trial by Traffic Session
(d) Other Cases; Designation of Particular Time
(e) Adjournment; Bail for Release
(f) Objections Before Trial.
Purpose and Construction
RULE T2.03
CON-
(a)
(b)
(c)
Disposition and Records of Traffic
Complaints and Citations
Deposit in Court
Disposal of Traffic Cases
Improper Disposal of Traffic Complaint and
Citation Tickets
Duties-Chief Administrative Officer
RULE T3.03
Traffic Cases--Arraignment and
Trial
RULE T3.04
Amendment of Complaint or Citation-Continuance
RULE T3.05
Breathalyzer
(a) Breathalyzer Maintenance Operator--Demand for Testimony-Certification of
Machine
(b) Continuance
CHAPTER TlO MISCELLANEOUS
RULE Tl0.01
Title of Rules
RULE Tl0.02
Effective Date
CHAPTER Tl-SCOPE, PURPOSE AND
CONSTRUCTION
RULE Tt.01
SCOPE.
See Rule JAR 2. (Adopted Feb. 13, 1963, effective
July 1, 1963.]
RULE Tl.02
PuRPOSE AND CONSTRUCTION.
See Rule JAR 2. [Adopted Feb. 13, 1963, effective
July 1, 1963.]
Justice Court Traffic Rules (JTR)
RULE Tl.03
LOCAL COURT RULES--A V AILABILITY.
Local rules of any court to which these rules apply
shall be supplementary to and consistent with these
rules. The judge of each court shall (a) arrange for the
duplication and distribution of such local rules, (b) send
a copy of such rules to (1) the Administrator for the
Courts, (2) the Recording Secretary of the Judicial
Council, (3) the Chief of the State Patrol, (4) the President of the Magistrates' Association, (5) the Supreme
Court Law Library, and (6) the local county law library,
and (c) keep a copy of such rules readily available for
inspection. [Adopted Feb. 13, 1963, effective July 1,
1963.]
RULE TUM
DEFINITIONS.
As used in these rules, unless the context, and substantive or statutory law, requires otherwise:
(1) "Traffic Offense" means any violation, other than
a felony, of a statute relating to the licensing of vehicle
operators, any violation, other than a felony, of a statute, ordinance, or resolution of a county or municipal
corporation or regulation relating to the operation or
use of motor vehicles and any violation, other than a
felony, of a statute, ordinance, resolution, or regulation
relating to the use of streets and highways by pedestrians or by the operation of any vehicle; except nonmoving traffic offenses under county or municipal ordinance, resolution, or regulation.
(2) "Non-Moving Traffic Offense" means any parking or standing of vehicles in violation of a statute, ordinance or -regulation and any violation of a statute,
ordinance, or regulation while the vehicle is not in
operation.
(3) "Traffic Case" means a court case involving a
traffic offense.
(4) Where reference is made in these rules to any
section of RCW Title 46, Motor Vehicles, the reference
is intended to mean and to include comparable provisions of municipal ordinances and county ordinances
and resolutions. [Adopted Feb. 13, 1963, effective July
1, 1963.]
CHAPTER T2-PRELIMINARY PROCEEDINGS
RULE T2.01
COMPLAINT AND CITATION--fORM AND USE-DEFECTS.
(a) In traffic cases the complaint and citation shall be
substantially in the form known as the "Uniform Traffic
Ticket and Complaint" sponsored by the American Bar
Association Traffic Court Program. The Uniform Traffic Ticket and Complaint shall consist of at least four
parts. Additional parts may be inserted by law enforcement a~encies for administrative use. Except when
electromc data processing equipment is being used, the
required parts, which must be the original, the first, the
second, and the last carbon respectively, are:
(1) The complaint, printed on white paper;
Rule T2.01
(2) The abstract of court record for the state licensing
authority, which shall be a copy of the complaint,
printed on yellow paper;
(3) The traffic citation, printed on green paper; and
(4) The police record, which shall be a copy of the
complaint, printed on pink paper.
In the case of law enforcement agencies utilizing
electronic data processing equipment, or desiring to use
such format, the required parts, which must be the
original, the first, the second, and the last carbon respectively, are:
(1) The abstract of court record for the state licensing
authority, which shall be identical to the complaint and
printed on yellow paper;
(2) The traffic citation, printed on green paper;
(3) The police record, which shall be identical to the
complaint and printed on pink paper; and
(4) The complaint, printed on a white card.
(b) Each of the parts shall contain the following information or blanks in which such information shall be
entered:
(1) The name of the court and a space for the court's
docket, case or file number;
(2) The name of the person cited, his address, date of
birth, sex, operator's license number, his vehicle's make,
year, type, license number and state in which licensed;
(3) The offense of which he is charged, the date, the
time and place at which the offense occurred, the date
on which the citation was issued, and the name of the
citing officer. Several offenses may be cited on one
ticket;
(4) In all cases where the person is not arrested, the
time and place at which the person cited is to appear in
court or the traffic violations bureau need not be to a
time certain but may be within 72 hours or within a
greater period of time not to exceed 15 days after the
date of the citation.
(5) A space for the person cited to sign a promise to
appear; and
(6) A space for the entry of bail in accordance with
the established bail schedule.
(c) Each of the parts may also contain such identifying and additional information as may be necessary or
apporpriate for law enforcement agencies in the state.
(d) (1) Complaint--0/licers. The complaint shall
contain a form of certificate by the citing official to the
effect that he certifies, under penalties of perjury, as
provided by RCW 3.50.140, and any law amendatory
thereof, he has reasonable grounds to believe, and does
believe, the person cited committed the offense(s) contrary to law. The certificate need not be made before a
magistrate or any other person. Such complaint when
signed by the citing officer and filed with a court, or
traffic violations bureau, of competent jurisdiction shall
be deemed a lawful complaint for the purpose of prosecuting the traffic offenses charged therein.
(2) Complaint by others. Where a person other than a
police officer wishes to make a traffic violation charge,
he shall do so by filling out and signing a complaint on
the form provided for by these rules. He shall fill out
the form and sign it before a magistrate. Such complaint when prepared in compliance with this rule and
(Rules For Courts or limited J~ 331
Rule TI.01
Rules For Courts of Limited Jurisdiction
filed with a court of competent jurisdiction shall be
deemed a lawful complaint for the purpose of prosecuting the traffic offenses charged therein.
(e) The reverse side of the complaint may be used to
record court action, and may, together with the complaint, constitute the docket of the court of all traffic
cases. If not so used, then the docket shall be maintained as required by statute or other court rule.
(f) The reverse side of the abstract of court record
shall contain such matters as may be necessary to bring
the disposition of the complaint to the attention of the
Director of Motor Vehicles.
(g) The reverse side of the police record may contain
the police report of action on the case.
(h) The traffic citation shall also contain a notice to
the person cited that the complaint will be filed. The
reverse side of the traffic citation shall set forth information as to his right to deposit bail and to a trial, or to
forfeit bail and the consequences thereof.
(i) To insure uniformity, the format and use of the
uniform complaint and citation, provided herein, shall
be subject to approval by the office of Administrator for
the Courts. [Adopted Feb. 13, 1963, effective July 1,
1963; subd. (b)(4) amended July 14, 1966, effective Aug.
1, 1966; subd. (i)(l), (2), (3) deleted July 14, 1966, effective Aug. 1, 1966; subd. G) renumbered as subd. (i)
July 14, 1966, effective Aug. l, 1966; amended June 23,
1967, effective July 1, 1967.]
RULE T2.02
COMPLAINT AND CITATION--ArulEST BY WARRANT--
CHARGE WITHOUT ARREST--PROCEDURE.
(a) All traffic violations shall be prosecuted by complaint in the form provided in rule T2.0l and applicable
state statutes.
(b) Whenever any person is arrested by an officer for
any violation of the traffic laws or regulations of the
state, a county or a city, the officer shall fill out the
cornplaint and citation form in accordance with rule
T2.0 l and applicable statutes. The arresting officer shall
serve a copy of the complaint and citation on the person and either
(I) Take the person arrested directly and without delay before an officer authorized to accept bail, or a
judge, for deposit of bail; or
(2) if bail is not deposited, before a judge as hereinafter provided; or
(3) permit the person charged with the violation to
give his written promise to appear in court or traffic violations bureau by signing the original traffic citation
prepared by the officer, in which event the officer shall
deliver the violator's copy of the citation to the person,
and thereupon the officer shall release the person from
custody.
(c) Obtaining Jurisdiction of a Person not Arrested.
Whenever any person is charged with the violation of
the traffic laws or regulations of the state, a county, or a
city, but is not arrested, the court shall issue a summons, or in the alternative, a warrant, in the same
manner as in Rule 2.02 of the Criminal Rules for Justice Court. Said summons may be served or warrant
[RuJes For Courts of Limited Jurisdiction--p 341
executed as provided for in said Rule 2.02 of the Criminal Rules for Justice Court. Before proceeding as
above, the court may notify the defendant by mail, of
the charge, of the existence of a complaint, the date and
tirne or interval of time in which the defendant is to
appear, the place to appear, whether the charge is mandatory or forfeitable, and if forfeitable, the amount of
bail which may be required. Upon posting bail or upon
obtaining personal recognizance, the court shall obtain
jurisdiction of the person of the defendant in a like
manner as if the summons had been served on the defendant or warrant executed.
(d) (I) Execution of Warrant. The warrant shall be
directed to all peace officers in the state and shall be
executed only by a peace officer.
(2) Service of Summons. The summons may be
served any place within the state. It shall be served by a
peace officer who shall deliver a copy of the same to the
defendant personally, or it may be served by mailing
the same, by certified mail, postage prepaid, to the defendant at his address. [Adopted Feb. 13, 1963, effective
July l, 1963; subdivisions (c) and (d) added July 14,
1966, effective Aug. 1, 1966; anlended, adopted Dec. 17,
1970, effective Apr. 16, 1971.]
RULE T2.03
PROCEDURE UPON ARREST WITHOUT A WARRANT-UNDER A W ARRANT--PERSONAL RECOGNIZANCE-BAIL.
(a) Bail schedules--Traffic cases. The Court Administrator shall furnish to every court of limited jurisdiction and every such court shall furnish to each law
enforcement office within its jurisdiction, the bail
schedule of subsections (k), (1), and (m) covering major
traffic offenses. Whenever bail is required for any such
traffic offense, it shall be that shown on the schedule
unless the judge of the court having jurisdiction thereof
shall, by written order showing the reason therefor in
each case, set bail in a different amount.
Each judge, or the presiding judge in a multiple judge
court, with jurisdiction to hear and determine traffic
cases is authorized to establish by order of court a
schedule of bail which shall be as uniform as possible
for traffic offenses triable in his court which are not included in the schedule approved by the Supreme Court
and found in JTR T2.03 (k), (I), and (m). A copy of
such schedule shall be distributed to (I) the Administrator for the Courts, (2) the Recording Secretary of the
Judicial Council, (3) the Chief of the State Patrol, (4)
the President of the Magistrate's Association, (5) the
prosecuting attorney and sheriff of the county, (6) the
chief of police of each city or town within the court's
jurisdiction, and (7) the clerk of the judge's court and
with the clerk of the traffic violations bureau, if any.
Tue order of the court establishing the bail schedule
shall be prominently displayed in all places where bail
may be deposited.
(b) Procedure upon arrest without a warrant--Traffic cases. Where a person is arrested without a warrant
for a traffic offense committed in the officer's presence
and the arresting officer proceeds under Rule
Rule T2.03
Justice Court Traffic Rules (JTR)
T2.02(b)(l) to take the person before a judge, or the
clerk or deputy of the court, or to the county jail, or, in
a proper case, to the municipal jail, the judge, or the
clerk or deputy clerk or the sheriff or chief of police, or
their deputies in charge of the jail is authorized to accept, and the person is entitled to deposit, bail in accordance with the schedule established under Rule
T2.03(a) for his appearance at a time and place to be
then made known to him. The sheriff, chief of police,
any other authorized peace officer or such persons as
the court may authorize, may release the defendant on
personal recognizance if he is a resident of the county
or has substantial local contacts.
If bail is not deposited, or the person refuses to deposit bail or he is not released on personal recognizance, he shall be taken without unnecessary delay, and
in any event within twenty-four hours, exclusive of
nonjudicial days, before the proper judge for arraignment upon the complaint issued under Rule T2.02(b).
(c) Procedure following execution of warrant-Traffic cases. Whether or not bail is fixed upon a warrant issued in a traffic case, the officer making an arrest
thereunder shall take the person directly and without
delay before the judge or an official authorized to accept and justify bail. If bail has been fixed in the warrant, the bail so set may be required of the person
under arrest. If no bail was set in the warrant, then the
appropriate bail schedule on file shall apply. If bail is
not deposited, or the person refuses to deposit bail, he
shall be. t~ken without unnecessary delay, and in any
event w1thm twenty-four hours exclusive of nonjudicial
days, before the proper judge for arraignment upon the
complaint.
(d) Cash bail. Any person arrested with or without a
warrant for a traffic offense may, in the place of giving
bail, deposit with the official before whom he is taken,
or the judge, or the clerk of the court or the traffic violations bureau to which he is held to answer, the sum of
money mentioned in the warrant or set forth in the bail
schedule for the offense with which he is charged. He
shall be given a receipt by such official, judge or clerk.
(e) Release on bail. Upon the depositing of bail under
t~is
rule'. the pers~~ shall be discharged from custody if
his physical condition warrants, subject to his appearance at the time and place indicated in the citation or
warrant.
(0 Personal recognizance at arraignment. Any person
arrested or cited for a traffic violation and who wishes
to contest such arrest or citation, shall at the time of
arrai~e~t, be ~eleased on his own personal recognizance if hts physical condition warrants and if he is a
resident of the county or has substantial local contacts
unless there is good cause for refusal. If the judge finds
~e person is not a resident of the county, has insufficient local contacts or good cause for refusal is shown,
he may require bail to be posted to insure the person's
~ppearance at trial by entering a written order specifymg reasons and terms thereof. Such order may be a
simple docket entry.
(g) Administrative personal recognizance. If a person
appears on any traffic offense at the time or within the
time interval designated on the ticket or notice, and requests a trial, or if appearance is mandatory, the clerks
of the court or Violations Bureau shall set the matter
for arraignment or trial and grant personal recognizance unless the person is not a resident of the county,
has insufficient local contacts or good cause for refusal
is shown.
(h) Review. In all cases the person charged shall have
the right of review by the judge of the ruling of any
clerk or official as to the amount of bail or refusal to
grant personal recognizance.
(i) Condition for release oo personal recognizance.
Whenever release on personal recognizance is granted
under this rule the judge or clerk may condition such
release on the defendant's signing a written promise to
appear acknowledging the trial or arraignment date.
Such promise may be in the following form.
Trial date __________ , 19 __ at _____ M.
I agree to appear at that time. If I fail to appear, a
warrant will be issued with bail set at$ __________ .
I understand that clerical personnel have no authority to grant further delay.
Dated __________ , 19 __
Defendant
0) Bail schedule. The bail schedule as set forth in
sections (k), (1), and (m) below is adopted. References
are to the appropriate section of the Revised Code of
Washington and, if applicable, appropriate local or municipal codes may also be cited.
(k) Mandatory court appearance. Court appearance in
the following cases is mandatory. Forfeiture of bail
shall not constitute a final disposition for the following
cases without a special order of the court showing the
reasons therefor. Such order may be a simple docket
entry:
Bail
l. Driving while intoxicated
(DWI) (RCW 46.61.506)
(mandatory) ..................... .
2. Reckless driving (RCW 46.61.500) (mandatory) ....... .
3. Hit and run attended vehicle
(RCW 46.52.020) (mandatory) ................................... .
4. Wrong way on a freeway
(RCW 46.6l.l50) (manda~
tory) ................................... .
5, Disobeying school patrol
(RCW 46.61.385) (manda~
tory) ................................... .
6. Passing stopped school bus
(RCW 46.61.370) (with
lights flashing) (mandato~
ry) ...................................... .
7. Altered license and fraudu~
lent loaning of license
(Rules For Courts of Limited
+
TSE* Total
$250
$250
$250
$250
$ 50
$ 50
Jurisdictioo--;t 35]
RuJe T2.03
Rules For Courts of Limited Jurisdiction
Bail
+ TSE* Total
(RCW 46.20.336) (mandatory) ................................... .
8. Driving during period of suspension (RCW 46.20.342)
(mandatory) .................... ..
9. Driving in violation of financial responsibility (RCW
46.20.342--46.29.625)
(mandatory) ..................... .
10. Switching license plates
(RCW 46.16.240) (mandatory) ................................... .
11. Physical control while intoxicated (RCW 46.61.506)
(mandatory) .................... ..
$ 50
$250
$250
$ 50
$100
(I) Qualified mandatory cases. The case may be closed
and forfeiture permitted when satisfactory proof of correction is furnished for the following offenses:
Bail
TSE Total
$20
$ 5
+
+
$ 5 $ 25
$ 5 $ 10
$ 5
+
$ 5 $ 10
Bail
1. Driving without a license or
improper license (RCW
46.20.021) ...........................
2. Expired (RCW 46.16.010) ....
3. Missing license plate (RCW
46.16.240) ...........................
+
+ TSE Total
(m) Other violations.
1. Speeding (RCW 46.61.400)
$2 per mile for the first
14 m.p.h. over the posted
limit and TSE
$3 per mile for 15 to
29 m.p.h. over the posted
limit and TSE
$5 per mile for each
mile over 29 m.p.h. over
the posted limit and TSE
2. Failure to stop at sign or
stop light (RCW 46.61.360) ....................................
3. Failure to yield right--0f-way
(RCW 46.61.190) ..............
4. Following too close (RCW
46.61.145) ...........................
5. Failure to signal (RCW 46.61.305) ...............................
6. Impeding traffic (RCW 46.61.425) ...............................
7. Improper lane usage or lane
change (RCW 46.61.140).
8. Wrong way on a one-way
street (RCW 46.61.135) ...
9. Wrong way on a freeway access (RCW 46.61.155) .....
10. Negligent driving (RCW 46.61.525) ...............................
Bail +
TSE Total
11. Failure to dim lights (RCW
46.37.230) (passing or following)...............................
$10 +
$ 5 $ 15
12. Hit and run unattended vehicle (RCW 46.52.010).....
$80 +
$20 $100
13. Improper passing (RCW 46.61.I00---130).......................
$20 +
$ 5 $ 25
14. Prohibited and improper
tum (RCW 46.61.305)......
$10 +
$ 5 $ 15
15. Prohibited U-turn (RCW
46.61.295)...........................
$10 +
$ 5 $ 15
16. Crossing double yellow line
(RCW 46.61.130)..............
$20 + $ 5 $ 25
17. Driving on shoulder or side$15 + $ 5 $ 20
walk (RCW 46.61.100).....
18. Operating with obstructed
vision (RCW 46.61.615)...
$20 +
$ 5 $ 25
19. License not in driver's pos$ 5 + $ 5 $ 10
session (RCW 46.20.190).
20. Violation of license restriction (RCW 46.20.041) (including
insurance
covering wrong vehicle)...
$20 +
$ 5 $ 25
21. No license (RCW 46.16.010)
$25 +
$10 $ 35
22. Defective equipment (RCW
46.37.010)...........................
$15 +
$ 5 $ 20
23. Defective lights (RCW 46$ 5 +
$ 5 $ 10
.37 .040-070).......................
24. Throwing or depositing debris (RCW 46.61.650) ...... $100 + $25 $125
25. Spilling or failing to secure
$50 +
$15 $ 65
loads (RCW 46.61.655)....
26. Failure to comply with restrictive signs (RCW 46$10 +
$ 5 $ 15
.61.050)...............................
27. Failure to appear ................................ Amount in the
discretion of the local court
(n) Multiple offenses. Where multiple violations arising from one incident are charged and any one of the
charges is mandatory, the total bail shall not exceed
$500.
$20
+
$ 5 $ 25
$20
+
$ 5 $ 25
$20
+
$ 5 $ 25
$10
+
$ 5 $ 15
$20
+
$ 5 $ 25
$20
+
$ 5 $ 25
$10
+
$ 5 $ 15
$50
+
$15 $ 65
$50
+
$15 $ 65
[Rules For Courts of limited Juri!dictioo--p 36)
(o) Judicial Council review. This bail schedule shall be
reviewed annually by the Judicial Council which shall
file a written report with the Supreme Court recommending retention or modification of this schedule.
[Adopted Feb. 13, 1963, effective July 1, 1963; amended, adopted Dec. 17, 1970 also Sept. 27, 1971, effective
Nov. 9, 1971; amended, adopted Nov. 29, 1971, effective Jan. l, 1972.]
•Traffic Safety Education assessment imposed by RCW 46.81
RULE T2.04
DISPOSITION AND RECORDS OF TRAFFIC COMPLAINTS AND
CITATIONS.
(a) Deposit in Court. Every traffic enforcement officer
upon issuing a traffic complaint and citation to an. alleged violator of any provision of ~he motor ve~cle
laws of this state or of any traffic ordinance of any city,
Rule T2.06
Justice Court Traffic Rules (JTR)
town or county, shall deposit the complaint and the abstract of court record copy of such traffic complaint and
citation with a court having jurisdiction over the alleged
offense or with its traffic violations bureau. This duty
may be performed by the officer's supervisor. In either
case, deposit as directed must be made within 48 hours
after issuance of the traffic complaint and citation,
nonjudicial days excluded.
(b) Disposal of Traffic Cases. Upon such deposit as
required by subsection (a), the case may be disposed of
only by trial in said court or by other official action by
a judge of that court, including removal of the case to a
court having jurisdiction over the particular violation as
charged in the complaint, or by forfeiture of bail or by
deposit of sufficient bail with or payment of a fine to
the traffic violations bureau by the person to whom
such traffic complaint and citation was issued.
(c) Improper Disposal of Traffic Complaint and Citation Tickets. It shall be unlawful and official miscon-
duct for any traffic enforcement officer or other officer
or public employee to dispose of a traffic complaint and
citation or copies thereof or of the record of the issuance of the same in a manner other than as required
herein.
(d) Duties--Cbief Administrative Officer. The chief
administrative officer of every traffic enforcement agency shall require the return to him of a copy of every
traffic complaint and citation issued by an officer under
his supervision to an alleged violator of any traffic law
or ordinance and of all copies of every traffic complaint
and citation which has been spoiled or upon which any
entry has been made and not issued to an alleged violator. Such chief administrative officer shall also maintain or cause to be maintained in connection with every
traffic complaint and citation issued by an officer under
his supervision a record of the disposition of the charge
by the court or its traffic violations bureau in which the
original of the traffic complaint and citation was deposited, or to which it was forwarded. [Adopted Feb. 13,
1963, effective July I, 1963.J
RULE T2.05
PROCEDURE ON FAILURE TO OBEY CITATION.
(a) Residents. The court shall issue a warrant for the
arrest of any defendant who is a resident of this state
and who has failed to appear before the court or the
traffic complaint and citation upon which he has given
his written promise to appear. If the warrant is not executed within 30 days after issue, the court shall make an
entry of the notification on the docket, and may add a
charge against the defendant for failure to appear after
a written promise to do so, and mark the case closed,
subject to being reopened when the appearance of the
defendant is thereafter obtained.
(b) Nonresidents. If a nonresident defendant fails to
appear before the court or the traffic violations bureau
either in person or by counsel in answer to a traffic
complaint and citation upon which he has given his
written promise to appear, the court shall mail a notice
to the defendant at the address stated in the complaint
and citation requesting him to abide by his promise and
appear in person or by counsel on a day certain,. and
notifying him that his failure to appear aft~r a wntten
promise to do so is a misdemeanor for which he. may
also be charged. If the nonresident defendant fails to
respond within 30 days after the date set in the notice,
the court shall issue a warrant for his arrest and shall
make an entry of the notification on the docket, and
may add a charge against the defendant for failure to
appear after a written promise to do so, and mark the
case closed, subject to being reopened when the appearance of the defendant is thereafter obtained.
[Adopted Feb. 13, 1963, effective July l, 1963.]
RULE T2.06
TRAFFIC VIOLATIONS BUREAU--PROCEDURE.
(a) Traffic Violations Bureau. A traffic violations bureau may be established by any city or town under the
supervision of the court having jurisdiction over violations of its ordinances, and by any judge, or by the
presiding judge in a multiple judge court, having jurisdiction of traffic cases to assist in the processing of
traffic cases.
(b) Traffic Violations Bureau-Authority.
(1) General. The traffic violations bureau is authorized to process in accordance with this rule and state
statute such traffic offenses under city ordinance or
county ordinance or resolution or state law as may be
designated by written order of the court having jurisdiction of such traffic cases.
(2) Authority to accept bail. The court may by its order authorize the traffic violations bureau to receive the
deposit of bail for appearance in court for specified offenses under a bail schedule issued under rule T2.03.
The traffic violations bureau, upon accepting the prescribed bail, shall issue (a) a receipt to the alleged violator, and (b) a notice of trial date, prepared in
triplicate, the reverse side of which shall bear a legend
informative of the legal consequences of bail forfeiture.
The second copy of the notice of trial date shall be forwarded to the clerk of the court and the third copy shall
be retained by the traffic violations bureau.
(3) Authority to accept forfeiture of bail---Consequences. The court may by its order authorize the traffic violations bureau (i) to accept forfeiture of bail in
specified cases in accordance with a bail schedule issued
under rule TI.03 in lieu of depositing bail for appearance, in which case a receipt shall be issued to the alleged violator, the reverse side of which shall contain a
statement indicating that forfeiture of bail shall terminate the case and may be considered by the Director of
Motor Vehicles only, and for no other purpose, as having the same effect as conviction of the offense charged;
and (ii) to forfeit bail deposited for appearance on notification by the clerk of the court of failure of the defendant to appear. Forfeiture of bail under either (i) or
(ii) shall be construed as payment of a fine for the offense charged only for the purpose of the distribution of
the funds and shall terminate the case.
(Rules For Courts or Limited J~ 37}
Rule T2.06
Rules For Courts of Limited Jurisdiction
(c) Traffic Violations Bureau-Duties. The traffic
violations bureau shall, not less than once a week or
oftener as the judge directs, transfer to the clerk of the
proper department of the court (1) all bail deposited for
offenses where forfeiture is not authorized by court order, (2) a copy of each notice of trial date for which bail
has been deposited, and on which shall appear the
amount of bail deposited, and (3) a list of the names of
all offenders who have forfeited bail under rule
T2.06(b)(3)(i) and (ii). Once each week, on a day set by
the court, the traffic violations bureau shall forward to
the Director of Motor Vehicles the abstract of court
record copy of the complaint and citation indicating the
disposition of each case involving bail forfeiture during
the previous week. [Adopted Feb. 13, 1963, effective
July l, 1963; amended June 23, 1967, effective July I,
1967.]
CHAPTER T3-ARRAIGNMENT AND
TRIAL-TRAFFIC CASES
RULE T3.0l
SEPARATION OF TRAFFIC CASES.
(a) Separate Trial. Insofar as practicable, in the respective court or district, traffic cases shall be tried separate and apart from other cases, and may be
designated as the "Traffic" section or division.
(b) Trial by Traffic Division. If a court sits in divisions
and one division sitting in daily session has been designated as a traffic court, traffic cases shall be tried in that
division only.
(c) Trial by Traffic Session. If a court has designated
a particular session as a traffic session, traffic cases shall
be tried only in that session, except for good cause
shown.
(d) Other Cases; Designation of Particular Time. In
all other cases, the court shall designate a particular day
or days, or a particular hour daily on certain days, for
the trial of traffic cases.
(e) Adjournment; Bail for Release. When a hearing is
adjourned the court may detain the defendant in safe
custody until the defendant is admitted to bail.
(f) Objections Before Trial. An objection to the validity or regularity of the complaint or process issued
thereunder shall be made, orally or in writing, by the
defendant before trial. [Adopted Feb. 13, 1963, effective
July l, 1963.]
RULE T3.03
TRAFFIC CASES--ARRAlGNMENT AND TRIAL.
The Criminal Rules for Courts of Limited Jurisdiction, insofar as they are not inconsistent with these
rules, shall govern the proceedi!lgs in traffic cases following the preliminary proceeding provided for in
Chapter T2 of these rules. [Adopted Feb. 13, 1963, effective July I, 1963.]
(Rules For Courts
or Limited Jmisdictioo---p 38)
RULE T3.04
AMENDMENT OF COMPLAINT OR CITATION-CONTINUANCE.
The court may permit a complaint or citation to be
amended at any time before judgment if no additional
or different offense is charged, and if substantial rights
of the defendant are not thereby prejudiced. A continuance shall not be granted upon such amendment unless
the defendant shall satisfy the court that the amendment has made it necessary for him to have additional
time in which to prepare his defense. [Adopted July 14,
1966, effective August l, 1966.]
RULE 1'3.05
BREATHALYZER.
(a) Breathalyzer maintenance operator--Demand for
testimou.y--Certificatiou. of machine. In the absence of
a request to produce a breathalyzer maintenance operator at least 10 days prior to trial or such lesser time as
the court deems proper, certificates in the following
form are admissible in any court proceeding held pursuant to RCW 46.61.506 for the purpose of determining
whether a person was operating a motor vehicle while
under the influence of intoxicating liquors:
BREATHALYZER MAINTENANCE AND
CHEMICAL CERTIFICATION
I, __________ , do certify under penalty of perjury as
follows:
I am a maintenance operator possessing a valid permit or certificate issued to me by the State Toxicologist
by virtue of his Rules, WAC-448, Chapter 12, and
RCW 46.61.506.
On __________ (date) at __________ (time) I examined, tested and calibrated a Breathalyzer Machine with
Serial No. _____ ,using a sealed ampoule of chemicals
with Control No. _____ according to the methods established and approved by the State Toxicologist.
I further certify that said machine was, on that date,
in proper working order, and that the chemicals in
ampoules with the above control number are suitable
for use in this machine.
Breathalyzer Maintenance Operator
Dated _________ _
(b) Continuance. The court at the time of trial shall
hear testimony concerning the alleged offense and, if
necessary, may continue the proceedings for the purpose of obtai!ling the maintenance operator's presence
for testimony concerning the working order of the
breathalyzer machine and his certification thereof. If, at
the time the maintenance operator is produced, the
prosecutor's breathalyzer evidence is insufficient, a motion to suppress the results of such tests shall be
granted. [Adopted May 26, 1972, effective July 1, 1972.]
Appendix To Part V
I.
Forward dated February 13, 1963
The legislature, by§ 77, chapter 299, Laws of 1961, RCW 3.50.280,
has authorized jury trials in municipal courts in certain cases involving traffic violations and gross misdemeanors. Sections 2 and 96,
chapter 299, Laws of 1961, RCW 3.30.020, 3.50.470, exclude th?se
municipalities from the provision of chapter 299 whose gov~g
bodies have, by resolution, decreed not to be governed by its
provisions.
Therefore, rules of procedure have been prepared for the selection
of juries for those municipal courts whose municipalities have qualified under chapter 299, Laws of 1961.
We have endeavored to incorporate in one rule book as much of
the necessary statutory law (and have given such laws a rule number)
relating to jurisdiction, process, arrest, bail, disposition of bail forfeitures, and rules of trial procedure as the judges will need in the determination of most of the causes before them. To accomplish this
purpose, the law was given a rule number. The statutory law, in most
instances, is set out verbatim in the rule. There is no desire or intention to abrogate the statutes dealing with substantive law, but, rather,
to make them readily available.
The rules are designed to establish uniform procedure in this state
for courts of limited jurisdiction. They are the first such rules promulgated by the Supreme Court for courts of limited jurisdiction.
Comments, suggestions, and criticism of these proposed rules, as revised, are invited prior to April l, 1963. If revisions are made, only
the specific rule revised will be republished The effective date of thC8C
rules and any revision thereof will be May I, 1963.
The court expresses its appreciation to the members of the advisory
committee of the Judicial Council who .drafted the proposed rules
previously published. We are likewise grateful to the Chief of the
State Patrol, the Director of Licenses, Justice Court, Municipal Court,
and Superior Court Judges, the prosecuting and city attorneys, practicing attorneys, city officials and mayors, the pI'esS, and many others,
whose helpful suggestions have aided materially in the formulation of
the rules as now presented.
RICHARD B. Orr
Chief Justice
2.
Order adopting rules for courts of limited jurisdiction dated February 13, 1963
2.
3.
Orde~
4.
Order amending and adding specified rules, dated
June 14, 1963
CHAPTER TIO--MISCELLANEOUS
RULE Tl0.01
TITLE OF RULES.
These rules may be known and cited as Traffic Rules
for Courts of Limited Jurisdiction, and they may be referred to as JTR. [Adopted Feb. 13, 1963, effective July
1, 1963.}
Reviser's note: By order of the Supreme Court dated May 5, 1967,
effective July l, 1967, these rules were redesignated Traffic Rules for
Justice Court.
RULE Tl0.02
EFFECTIVE DATE.
These rules, insofar as applicable, take effect upon
the date specified by the Supreme Court. They shall
govern all proceedings in traffic cases brought after they
take effect, and also all further proceedings in traffic
cases then pending, except tc the extent that in the
opinion of the court their application in a particular
action pending would not be feasible or would work injustice, in which event the former procedure would apply. [Adopted Feb. 13, 1963, effective July l, 1963.J
APPENDIX TO PART V
5.
IN THE SUPREME COURT OF 11IE STATE
OF WASHINGTON
extending effective date of rules dated April
2, 1963
Order reclassifying rules for courts of limited jurisdiction dated May 1, 1967
1. Forward dated February 13, 1963
On November 2, 30, and December 7, 1962, respectively, the suggested procedural rules for courts of limited jurisdiction, adopted by a
majority of the members of the Judicial Council, were published. The
publication invited study, suggestions, and criticisms by interested
persons prior to the promulgation of the proposed rules by the Supreme Court. Many letters were received suggesting substantial
changes. Several meetings were held, and some major changes, in addition to numerous less significant ones, have been made.
The principal objections to the rules were (l) that they established
rules for jury trials in municipal courts in certain cases, and (2) that,
under the statutory authority to adopt rules of procedure, the suggested rules contained substantive law.
As to (1), Art. l, § 22, of the state constitution, provides in part that
"In criminal prosecutions the accused shall have the right . . . to
have a speedy public trial by an impartial jury . . ." Accordingly,
the legislature provided for juries in the Superior Court and the Justice Court. No juries were provided by legislative enactment for Municipal Courts. This court, in Bellingham v. Hite, 37 Wn. (2d) 652,
225 P. (ld) 895 (1950), held that a city ordinance which did not provide for jury trial for persons charged with violation of city ordinances was not repugnant to Art. l, § 22, of the state constitution, for
the reason that the municipal court conviction became a nullity when
the accused person appealed to the Superior Court, where the municipal ordinance violation was tried de novo, and a jury provided upon
request.
IN THE MATIER OF
TIIB AooPTION OF
RULES FOR CoURTS
OF LIMITED
ORDER
25700-A
Paper No. 76
JURismcnoN (Justice
of the Peace Courts,
Municipal Courts,
Police Courts)
BY THE
SUPREME CoURT
OF THE
STATE OF WASIDNGTON
WHEREAS, The Legislature enacted chapter 118, Laws of 1925, relating generally to Rules of Procedure, and chapter 299, Laws of 196\,
relating to Justice Courts and other courts of limited jurisdiction in
the state of Washington, and included provisions in chapter 299,
Laws of 1961, pertaining to the promulgation and adoption of Rules
of Procedure by the Supreme Court of Washington; and
WHEREAS, authority to promulgate and adopt uniform Rules of
Procedure for the courts in the state of Washington is vested in the
Supreme Court of Washington under the decision in State ex rel.
Foster-Wyman Lumber Company v. Superior Court for KllJg County
(1928), 148 Wash. l, 267 Pac. 770; and
WHEREAS, The Supreme Court of Washington requested technical
assistance, advice and counsel from the Judicial Council, that a comprehensive study be made, and that proposed Rules of Procedure be
drafted for the Courts of Limited Jurisdiction and submitted by the
Judicial Council for consideration by the Supreme Court; and
WHEREAS, The Judicial Council established an advisory committee
to do research and drafting, and to submit initial drafts of proposed
Rules of Procedure for the Courts of Limited Jurisdiction, such committee being representative of alJ segments of the legal profession, of
all the courts of Washington, and particularly representative of a))
judges of courts to be affected by the Proposed Rules of Procedure;
and such advisory committee thus being reasonably representative of
the public's interest in such matters, and, in fact, being composed of
the following members:
(Appendix to Part V--p 39)
Appendix to Part V
M. Kenneth A. Cole, representing the Washington State
Bar Association, and attorney for the Association of
Washington Cities and Municipalities, 4th and Pike
Building, Seattle, Washington;
Representative Keith H. Campbell (then Chairman),
Judiciary Committee-Criminal, House of Representatives, Washington State Legislature, and member of
the Washington State Judicial Council, W. 2204
Rockwell Avenue, Spokane, Washington;
Judge Ronald Danielson, Justice of the Peace, and Municipal Court Judge, City Hall, Bremerton,
Washington;
Judge E. A. Davis, Justice of the Peace, (and then President of the Washington State Magistrates Association), 9714 Dawson Street, Bothell, Washington;
Mr. Walter J. Deierlein, Jr., Prosecuting Attorney, representing the Washington State Association of Prosecuting Attorneys, Legal Building, Mount Vernon,
Washington;
Judge Ambrose C. Grady, Justice of the P·eace, and
presently President of the Washington State Magistrates Association, 112 Taylor Street, Port Townsend,
Washington;
Mr. Marshall McCormick, Corporation Counsel, representing the Washington State Association of Municipal Attorneys, County-City Building, Tacoma,
Washington;
Judge Ben Mcinturff, Justice of the Peace, Courthouse,
Spokane, Washington;
Professor Robert Meisenholder, School of Law, University of Washington, Seattle 5, Washington;
Judge Solie M. Ringold, Superior Court for King
County, representing the Superior Court Judges' Association,
County-City
Building,
Seattle,
Washington;
Judge Evangeline Starr, Justice of the Peace, 321 County-City Building, Seattle, Washington;
Dr. George Neff Stevens, School of Law, University of
Washington, and Executive Secretary of Washington
State Judicial Council, Seattle 5, Washington;
Judge Waldo Stone, Justice of the Peace, County-City
Building, Tacoma, Washington;
And, WHEREAS, The advisory committee, after months of study,
and liaison by its representative members with their particular organizations, including the judges of the courts of limited jurisdiction of
the state of Washington, submitted proposed Rules of Procedure to
the Judicial Council; and
WHEREAS, The advisory committee of the Judicial Council cause
copies of the proposed Rules of Procedure to be distributed to interested individuals throughout the state, inviting and requesting comments and criticism thereon; and, after due consideration and careful
revision by individual members of the Judicial Council, and by the
said Council as a whole, at its regular meeting on October 12-13,
1962, the proposed Rules of Procedure, as finally revised and approved by the Judicial Council, were submitted to the Supreme
Court; and
WHEREAS, the proposed Rules, designated (a) Traffic, (b) Civil, and
(c) Criminal, containing general provisions respecting judicial administration, were ordered published by the Supreme Court in the Washington Advance Sheets, and were published therein on the following
dates:
(a) Proposed Traffic Rules for Courts of Limited Jurisdiction, 160
Wash. Dec. No. 22, November 2, 1962;
(b) Proposed Civil Rules for Courts of Limited Jurisdiction, 160
Wash. Dec. No. 26, November 30, 1962;
(c) Proposed Criminal Rules for Courts of Limited Jurisdiction
and Proposed General Rules for Courts of Limited Jurisdiction, 160 Wash. Dec. No. 27, December 7, 1962,
with a request for comment and criticism by any and all concerned,
and with notice that such comment and criticism be filed, in writing,
with the Supreme Court no later than thirty days after said publication; and
WHEREAS, all written comment and criticism filed with the Supreme
Court was evaluated and given due consideration by the Supreme
Court; and
(Appendix to Part V---p 40(
WHEREAS, The Supreme Court, in executive session, on the 11th
day of January, 1963, heard criticism and comment on the proposed
Rules from all who had made request in writing to be heard, the Supreme Court having given further consideration to the proposed
Rules, and having made further revisions thereof,
Now, Therefore, It is Hereby Ordered That Rules of Procedure,
now designated (a) Traffic, (b) Civil, (c) Criminal, and (d) General,
for the Courts of Limited Jurisdiction in the state of Washington,
copies of such Rules being attached hereto and incorporated herein,
be filed with this Order in the Office of the Clerk of the Supreme
Court; that this Otde1 and copies of the aforesaid Rules be made
available for public inspection as in the case of other Orders and
public records of the Supreme Court; and
It is further hereby Ordered That the aforesaid Rules be published
expeditiously in the Washington Advance Sheets, together with notice
therein that, for the purpose of due consideration and evaluation by
the Supreme Court, comment, criticism, or objection to the aforesaid
Rules may be filed in writing not later than April I, 1963, in the
Office of the Clerk of the Supreme Court.
It is further hereby Ordered That the Rules referred to and incorporated herein by this Order, subject only to further consideration
and to such revision as may be made by Order of this Court, shall
become effective as of May l, 1963.
DATED this 13th day of February, 1963.
Rictwm B. Orr
MATTHEW
w. HILL
CHARLES T. DoNWORIB
ROBERT C. FlNLEY
FP-ANK P. WEAVER.
3.
Chief Justice
HU<1H J. ROSELLINI
ROBERT T. HUNTER
FRANK HALE
ORRIS L. HAMILTON
IN THE SUPREME COURT OF THE STATE
OF WASIDNGTON
No. 25700-A
Paper No. 78
ORDER
!
IN THE MATIER OF
ExTHNDING THE
EFFECTIVE DATE
OF THE PROPOSED
Rill.ES FOR CoURTS
OF LIMITED
JUIUSIDICilQN
In Vol. 161, No. SA, of the Official Advance Sheets of the Washington Reports, dated March l, 1963, the effective date of the proposed Rules for Courts of Limited Jurisdiction was fixed as May l,
1963. Since the publication of the proposed rules, suggestions for material amendments to the rules have been received. In order that the
court may consider suggestions received prior to May l, 1963,
IT IS ORDERED that the effective date of the proposed Rules for
Courts of Limited Jurisdiction be extended to July I, 1963.
DATED at Olympia, Washington, this 12th day of April, 1963.
By the Court:
RICJIARD B. Orr
Chief Justice
MAITHEW w. HILL
HUGH J. ROSEI..LINI
CHARLES T. DoNWORIB
ROBERT T. HUNTER
ROBERT C. FlNLEY
ORRIS L. HAMILTON
FRANK P. WEAVER
FRANK HALE
4.
IN THE SUPREME COURT OF THE STATE
OF WASIDNGTON
No. 25700-A
Paper No. 80
ORDER AMENDING
AND ADDING
SPECIFIED RULES
FOR COURTS
OF LIMITED
JURISDICTION
IN THE MATIER OF
AMENDING AND
ADDING CERTAIN
RUI.ES FOR CoUR.TS
OF LIMITED
JURISDICilON
(Justice of the
Peace Courts,
Municipal Courts,
Police Courts)
As AooPTED BY
THE SUPREME CoURT
OF THE STATE OF
WASHING TON BY
ORDER DATED
FEBRUARY 13, 1963
Index to Part V
Appendix To Part V
The Supreme Court of the State of Washington, in conformity with
its rule-making power, herewith amends and adds the following Rules
for Courts of Limited Jurisdiction as more particularly set forth in the
attachments hereto:
General Rule JAR 4(1) (Canons of Judicial Ethics)
Civil Rule 64 (Garnishment)
Criminal Rule 2.0l(d) (The Complaint)
Criminal Rule 2.03(b)(2) (Proceedings before the Judge
. . . Where Bail has not Been Fixed--Bail
Schedules.)
Criminal Rule 2.03(f) (Proceedings before the Judge
. . . Preliminary Examination--Felonies.)
Criminal Rule 5.03(a) (Sentence and Judgment)
These amendments and addition to the Rules for Courts of Limited
Jurisdiction shall become effective July l, 1963.
DATED this 14th day of June, 1963.
MATrnEW
w. HILL
CHARLES T. DoNWORTII
ROBERT C. FINLEY
FRANK P. WEAVER
RICHARD B. Orr
Chief Justice
HuoH J. RosELLINI
ROBERT T. HUNTER
ORRIS L. HAMILTON
FRANK HALE
For order of the Supreme Court dated May 5, 1967, redesignating
certain of the Rules for Courts of Limited Jurisdiction: See appendix
to Part IV.
5.
Order reclassifying rules for courts of limited jurisdiction dated May 1, 1967 (See Appendix to Parts
I- IV supra)
INDEX
FOR
RULES FOR C,OURTS
OF
LIMITED JURISDICTION
The following abbreviations are used in this index:
I. Justice Court Administrative
Rules .............................. JAR
II. Justice Court Civil Rules ............... JCR
Ill. Justice Court Criminal Rules ........... JCrR
IV. Justice Court Traffic Rules ............. JTR
I. Justice Court Administrative Rules (JAR)
Attorney--justices, Canon 31 not applicable ..
Cities, defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Clerk, forwards report of disposition of criminal
cases to State Patrol . . . . . . . . . . . . . . . . . . . . . .
Contempt, violation of rules by judges . . . . . . . . . .
Courts
"court" defined . . . . . . . . . . . . . . . . . . . . . . . . . . .
dockets and records ........................
ethics ....................................
justice
examination of lay candidates .............
presiding judge, appointment, duties .......
publicity of proceedings governed by Canons
of judicial ethics . . . . . . . . . . . . . . . . . . . . . . . .
records and dockets . . . . . . . . . . . . . . . . . . . . . . . .
small claims, separate docket . . . . . . . . . . . . . . . .
Rule
JAR
JAR
No.
4
3(6)
JAR
JAR
8
7
JAR
JAR
JAR
3(1)
6
4
JAR
JAR
I
5
JAR
JAR
JAR
4
6
6
I. Justice Court Administrative Rules (JAR)----cont.
RuJe
Criminal cases, report of disposition forwarded
to State Patrol .......................... . JAR
Definitions
"city" ................................... . JAR
''court'' ....................... · · · . · · · · · · · JAR
"judge" ................. · · · · · · · · · · · · · · · · · JAR
"oath" .................................. . JAR
"offenses against the state" ................ . JAR
"prosecuting attorney" .................... . JAR
"prosecutor" ............................. . JAR
"state" .................................. . JAR
Dockets
No.
8
3
3
3
3
3
3
3
3
civil
contents ............................... .
separate docket to be kept ............... .
criminal
contents ............................... .
separate docket to be kept ............... .
small claims
contents ............................... .
separate dockets to be kept in certain actions ............................... .
traffic
contents ............................... .
separate docket to be kept ............... .
Examination of lay candidates for justice of the
peace
committee responsibilities .................. .
examining committee ..................... .
unsuccessful candidates ................... .
Judge
defined .................................. .
failure to apply rules, contempt ............. .
judicial ethics ............................ .
presiding judge ........................... .
Judicial ethics
canons, applicability ...................... .
practicing law, attorney-justice ............. .
publicity of court proceedings .............. .
Justice of the peace
exam~n.ation of lay candidates for ........... .
practicing law ............................ .
presiding judge ........................... .
"Oath" defined ............................. .
"Offenses against state" defined .............. .
Photographs in court room .................. .
"Prosecuting attorney" defined ............... .
Radio broadcast of judicial proceedings ....... .
Records, separate dockets to be kept .......... .
Report of criminal cases
appeal report ............................ .
disposition report ......................... .
Rules
contempt, judge failing to follow ............ .
scope ................................... .
State
defined .................................. .
"offenses against state" defined ............. .
Supreme court, contempt of, judges failing to
apply rules ............................. .
Television broadcast of judicial proceedings .... .
JAR
JAR
6
6
JAR
JAR
6
6
JAR
6
JAR
6
JAR
JAR
6
6
JAR
JAR
JAR
l(b)
l(a)
l(c)
JAR
JAR
JAR
JAR
3
7
4
5
JAR
JAR
JAR
4
4
4
JAR
JAR
JAR
JAR
JAR
JAR
JAR
JAR
JAR
4
5
3
3
4
3(4)
4
6
JAR
JAR
S(b)
S(a)
JAR
JAR
7
2
JAR
JAR
3
3
JAR
JAR
7
4
l
II. Justice Court Civil Rules (JCR)
Rule
Accord and satisfaction, affirmative defense,
pleading ................................ .
Actions
appeals, when and how .................... .
commencement, filing complaint with court .. .
consolidation ............................ .
dismissal
misjoinder and nonjoinder of parties, not
grounds ............................ .
No.
JCR
8(c)
JCR
JCR
JCR
73
3
42(a)
JCR
21
!Index to Part V---p 41)
Index to Part V
II. Justice Coort Civil Rules (JCR~ont.
D. Justice Coort Ciril Rules (JCR)-----O>nt.
Rule
without prejudice ....................... . JCR
real party in interest ...................... . JCR
Administrators, capacity to sue ............... . JCR
Adoption by reference, pleadings, statement may
be adopted by reference .................. . JCR
Affirmative defenses, pleading, designation of .. . JCR
Amendments
counterclaims, when omitted ............... . JCR
pleadings
erasing and adding words ................ . JCR
procedure ............................. . JCR
relation back ........................... . JCR
Answer
appearance, oral answer, time for ........... . JCR
pleadings allowed ......................... . JCR
service, time for .......................... . JCR
verification .............................. . JCR
Appeal bond
cost for ................................. . JCR
defects in, new bond required .............. . JCR
stay of proceedings, condition for ........... . JCR
Appeals
bonds
cost, for ............................... . JCR
defects in, new bonds required ........... . JCR
dismissal not allowed for defective bond ... . JCR
property taken on execution, release ...... . JCR
records of lower court, failure to properly
transfer ............................ . JCR
erroneous, amendment .................... . JCR
filing with superior court .................. . JCR
stay of proceedings ....................... . JCR
superior court, appeal to, when and how ..... . JCR
transcript of lower court, filing with superior
court ................................ . JCR
when and how ........................... . JCR
Appearance
default judgment, application for setting aside,
general appearance .................... . JCR
Appellants
bonds
costs on appeal ......................... . JCR
defective, new appeal bond required ...... . JCR
stay of proceedings ..................... . JCR
filing records of lower court with superior
court ................................ . JCR
judgment against appellant and sureties on appeal to superior court .................. . JCR
Arbitration and award, affirmative defense,
pleading ................................. . JCR
Assignment of cases for trial ................. . JCR
Associations, testimony, calling managing agent
as adverse party ......................... . JCR
JCR
Assumption of risk, affirmative defense, pleading
Attorneys
fees, default judgment, recovery in .......... . JCR
witness
acting as, on behalf of client ............. . JCR
one attorney to conduct examination ...... . JCR
Authentication (See Documents, Records)
Avoidance
pleading affirmative defense ................ . JCR
JCR
pleading, when averment deemed avoided
Bonds
appeal
cost for ............................... . JCR
defects in, new bond required ............ . JCR
stay of proceedings ..................... . JCR
Canons of judicial ethics (see rule JAR 4)
Cases, assignment for trial .................... . JCR
Cities
cost bond on appeal to superior court, not required ............................... . JCR
Civil causes (See specific topic)
[Index to Part V--p 421
No.
41
17(a)
17
IO(b)
8(c)
l3(d)
15(e)
15
!5(c)
12(a)
7(a)
12(a)
II
73(a)
73(d)
73(b)
73(a)
73(d)
73(d)
73(c)
75(b)
75(b)
75(a)
73(b)
73
75(a)
73
55
73(a)
73(d)
73(a)
75(a)
73(e)
8(c)
40
43
8(c)
55(a)
43(e)
43(a-i)
8(c)
8(d)
73(a)
73(d)
73(b)
40
73(a)
Rule
Claims (See also Counterclaims; also Cross
claims)
asserted in responsive pleading, exception .... .
dismissal, without prejudice ................ .
failure to state claim for relief, made by motion, effect ............................ .
failure to state claim, motion for dismissal,
when treated as summary judgment ...... .
interpleader .............................. .
intervention .............................. .
joinder .................................. .
judgment, multiple claims .................. .
parties
substitution ............................ .
third party brought in ................... .
pleadings, relief, requisites for .............. .
separate trials ............................ .
third party brought in by plaintiff or defendant
Clerk
issue of writ of garnishment ................ .
mistakes, correction ....................... .
records of lower court on appeal, filing ...... .
Complaints
contents prescribed ....................... .
dismissal of actions, without prejudice ....... .
joinder of claims ......................... .
name of parties .......................... .
pleadings allowed ......................... .
requisites of, pleading ..................... .
third party brought in by
defendant ............................. .
~laint~ff ............................... .
venfication .............................. .
Computation of time ........................ .
Consideration, pleading failure of ............. .
Consolidation
actions, common questions of law or fact .... .
defenses made by motion .................. .
Construction
jurisdiction and venue, unaffected .......... .
pleadings, how construed .................. .
scope of rules ............................ .
time, computation of ...................... .
Contempt
judge failing to apply rules (see rule JAR 7)
refusal to comply with superior court order
concerning appeal . . . . . . . . . . . . . . . . . . . . . .
Contributory negligence, affirmative defense,
pleading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Corporations, testimony, calling managing agent
as adverse party . . . . . . . . . . . . . . . . . . . . . . . . . .
Costs, offer of judgment, procedure and effect . . .
Counsel (see Attorneys)
Counterclaims (See also Claims; also Cross
claims)
allowed ................................. .
amount sought may exceed opposing claim .. .
asserted in responsive pleading, exception .... .
contents prescribed ....................... .
dismissal of actions without prejudice ....... .
joinder of claims ......................... .
matured or acquired after pleading .......... .
omitted, set up by amendment, when ........ .
parties, adding ........................... .
permissive ............................... .
pleading, requisites ....................... .
separate trials ............................ .
No.
JCR
JCR
12(b)
41
JCR
12(b)
JCR
JCR
JCR
JCR
JCR
JCR
12(b)
22
24
18(a)
54(b).
62
JCR
JCR
JCR
JCR
JCR
25
14
8(a)
42(b)
14
JCR
JCR
JCR
(i()
JCR
JCR
JCR
JCR
JCR
JCR
8(a)
41
18(a)
IO(a)
7(a)
8(a)
JCR
JCR
JCR
JCR
JCR
14(a)
14(b)
11
6
8(c)
JCR
JCR
42(a)
12(t)
JCR
JCR
JCR
JCR
82
8(t)
I
6
JCR
75(b)
JCR
8(c)
JCR
JCR
43
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
7(a)
13(b)
12(b)
8(a)
41
18(a)
13(c)
13(d)
l3(f)
l3(a)
8(a)
13(g),
42(b)
14
third party brought in by plaintiff or defendant
Counties, cost bond on appeal to superior court,
not required ............................ . JCR
Courts (See also Justice of the peace; Supreme
court; Superior court; Trial)
16
lS(a)
68
73(a)
Index to Part V
n. Justice Court Civil Rules (JCR)----cont.
appeal
bonds
costs for ............................. .
defects in, new bond required .......... .
stay of proceedings ................... .
filing transcript with superior court ....... .
how and when ......................... .
comment on evidence prohibited ........... .
conclusions of law, court need not make ..... .
finding of facts, court need not make ........ .
judgments
default, setting aside, procedure .......... .
entry of, when ......................... .
errors, clerical, relief from ............... .
judicial ethics, canons of (See rule JAR 4)
jury
defendant demanding jury ............... .
function of court at jury trial ............. .
function of court at nonjury trial ......... .
instructions ............................ .
nonjury trial, court's function .............. .
records of lower court
failure to properly transfer ............... .
mistakes ............................... .
ordering amendment on appeal ........... .
sent to superior court on appeal .......... .
rules, failure of judge to apply, contempt (See
rule JAR 7)
stay of proceedings
appeal ................................ .
multiple claims ......................... .
superior
amendment of lower court records, ordering
appeal to, procedure in handling .......... .
failure of lower court to properly transfer
records on appeal, effect .............. .
pleadings to be used during appeal ........ .
records of lower court received on appeal .. .
Cross claims (See also Claims; also
Counterclaims)
allowed ................................. .
answers, service of ........................ .
asserted in responsive pleading, exception .... .
contents prescribed ....................... .
co-party, against, what included ............ .
dismissal without prejudice ................ .
joinder .................................. .
parties, adding ........................... .
pleading, requisites ........................ .
separate trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
II. Justice Court Civil Rules (JCR)----cont.
Rule
No.
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
73(a)
73(d)
73(b)
75(a)
73
51
52
52
JCR
JCR
JCR
55(b)
58
60
JCR
JCR
JCR
JCR
JCR
38
39
JCR
JCR
JCR
JCR
75(b)
60
75(b)
75(a)
JCR
JCR
73(b)
52
51
52
62
JCR
JCR
75(b)
75(a)
JCR
JCR
JCR
15(b)
75(a)
75(a)
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
third party brought in by plaintiff or defendant JCR
Cross examination, scope .................... . JCR
Death of parties, substitution ................. . JCR
Decisions, multiple claims ................... . JCR
Default judgments
application of rules, to whom .............. . JCR
attorney's fees and interest, recovery ........ . JCR
nature of ................................ . JCR
setting aside, procedure ................... . JCR
when claimed ............................ . JCR
Defendant
appeal .................................. . JCR
complaint, dismissal ...................... . JCR
interpleader .............................. . JCR
joinder as parties
necessary .............................. . JCR
permissive ............................. . JCR
jury, demand and selection ................ . JCR
offer of judgment, procedure and effect ...... . JCR
set-off
assignee of certain contracts in certain actions, against ........................ . JCR
7(a)
12(a)
12(b)
8(a)
13(e)
41
18(a)
l3(f)
8(a)
13(g)
42(b)
14
43(b)
25
43(a-I)
55(c)
55(a)
54(c)
55(b)
55(a)
73
41
22
19
20
38
68
13.04
trust beneficiary, when .................. .
stay of proceedings ....................... .
third party brought in, when ............... .
Defenses
affirmative defenses designated for pleading .. .
consolidation of defenses made by rnotion ... .
hearing, preliminary ...................... .
joinder of two or more defenses or objections,
no waiver ................... · ........ .
motion or responsive pleading used in specific
defenses .............................. .
pleadings
concise and direct, consistency not required
form of ............................... .
presented, when and how .................. .
process, insufficiency, defense by motion or responsive pleading ...................... .
responsive pleadings, defenses asserted by, exceptions .............................. .
third party brought in ..................... .
waiver of ................................ .
Definitions (See rule JAR 3)
Demurrers, abolished ....................... .
Denials
pleadings
failure to deny, effect ................... .
form ................. · · · · · · · · · · · · · · · · · ·
insufficient knowledge to form belief, effect
Depositions
adverse party, testimony, penalty for refusal ...
applicability of certain rules for courts of
record ............................... .
effect of discovery ........................ .
managing agents, testimony, penalty for refusal ................................... .
Discharge in bankruptcy, affirmative defense,
pleading ................................ .
Discovery
effect ................................... .
refusal to attend and testify ................ .
Dismissal
actions, without prejudice .................. .
bond, appeal, no dismissal for defect ........ .
parties, misjoinder and nonjoinder not grounds
Disqualification
judges
grounds, procedure ..................... .
Documents (See also Records)
records, official, proof or lack of ............ .
Duress, affirmative defense, pleading .......... .
Effective date of rules ....................... .
Entry of judgment
entry of, when ........................... .
multiple claims ........................... .
Estoppel, affirmative defense, pleading ......... .
Ethics, judicial (See rule JAR 4)
Evidence
adverse party
calling, contradicting and impeaching
refusal to attend and testify, penalties
affirmation in lieu of oath ................. .
attorneys, acting as witnesses ............... .
comment on evidence by court prohibited ... .
cross examination ........................ .
discovery, effect .......................... .
examination of witnesses
multiple ............................... .
scope ................................. .
leading questions, unwilling or hostile witnesses ................................... .
records, official, proof or lack of ............ .
testimony, oral, when ..................... .
Execution
property taken on, appeal and release ....... .
RuJe
JCR
JCR
JCR
No.
13.04
73
14(a)
JCR
JCR
JCR
8(c)
12(f)
12(c)
JCR
12(b)
JCR
12(b)
JCR
JCR
JCR
8(e)
8(b)
12
JCR
12(b)
JCR
JCR
JCR
12
14
12(g)
JCR
7(c)
JCR
JCR
JCR
8(d)
8(b)
8(d)
JCR
43(d)
JCR
JCR
43(d)
JCR
43(d)
JCR
&(c)
JCR
JCR
43(d)
43(d)
JCR
JCR
JCR
41
73(d)
21
JCR
40(b)
JCR
JCR
JCR
44
8(c)
86
JCR
JCR
JCR
58
54
8(c)
JCR
JCR
JCR
JCR
JCR
JCR
JCR
43(b)
43(d)
43(c)
43(d)
51
43(b)
43(d)
JCR
JCR
43(a-I)
43(b)
JCR
JCR
JCR
43(b)
44
43(a)
JCR
73(c)
26
(Index to Part V--p 43)
Jnc:Jex to Part V
ll. Justice
<:ourt Civil Rules (JCR)-----wnt.
Rule
Executors, capacity to sue ................... . JCR
Exhibits, pleadings, written instruments are part
of ..................................... . JCR
Fellow servant, injury by, pleading as an affirmative defense .......................... . JCR
Filing
appeal
bonds, cost on appeal ................... . JCR
notices ................................ . JCR
transcript of lower court, filing with superior
court .............................. . JCR
Findings
court trial without jury .................... . JCR
fact, court need not make .................. . JCR
Fraud, affirmative defense, pleading ........... . JCR
Garnishments, writs
issued by the clerk of court ................ . JCR
issued by the court ....................... . JCR
Guardians, capacity to sue ................... . JCR
Guardians ad !item
incompetent persons, appointment for ....... . JCR
infants, appointment for ................... . JCR
Hearings, preliminary, on defenses ............ . JCR
Illegality, affirmative defense, pleading ........ . JCR
Incompetence
capacity to sue or be sued ................. . JCR
guardian ad litem, appointment ............ . JCR
substitution of parties ..................... . JCR
Infants, capacity to sue or be sued ............ . JCR
Instructions, jury ........................... . JCR
Insurance companies, joinder in tort cases ..... . JCR
Interpleader, authorized ..................... . JCR
Interv,ention, procedure ..................... . JCR
Issues, separate trials ........................ . JCR
Joinder
claims ................................... . JCR
defenses or objections ..................... . JCR
interpleader .............................. . JCR
parties
misjoinder, dismissal of action, not grounds
for ................................ . JCR
necessary joinder ....................... . JCR
nonjoinder
dismissal of action, not grounds for ..... . JCR
effect of failure ....................... . JCR
reasons to be stated ................... . JCR
permissive joinder ...................... . JCR
separate trials, orders to prevent delay or
prejudice ........................... . JCR
remedies ................................ . JCR
Judges
contempt
failure to apply rules (See rule JAR 7)
refusal to comply with superior c0urt order,
appeals ............................. . JCR
disqualification, judge disqualifying self or
party asking for disqualification ......... . JCR
evidence, court not to comment on ......... . JCR
facts, findings, need not make .............. . JCR
law, conclusions, need not make ............ . JCR
oath or affirmation ........................ . JCR
Judgments
appellant and surety, superior court judgment
against ............................... . JCR
default
application of rules to whom ............. . JCR
attorney's fees and interest ............... . JCR
nature of .............................. . JCR
setting aside
application for, considered a general appearance ......................... . JCR
procedure ........................... . JCR
when claimed .......................... . JCR
defined .................................. . JCR
llndex to Part V--p 441
II. Justice Coort Civil Rules (JCR)--cont.
No.
17
lO(b)
8(c)
73(a)
73(a)
75(a)
52
52
8(c)
16
16
17
17
17
12(c)
8(c)
17
17
25
17
51
14(c)
22
24
42(b)
18(a)
12(b)
22
21
19(a)
21
19(b)
19(c)
20
20(b)
18(b)
75(b)
40(b)
51
52
52
77.04
73(e)
55(c)
55(a)
54(c)
55(b)
55(b)
55(a)
54(a)
Rule
dismissal of actions without prejudice ....... .
entry of, when ........................... .
mistakes, clerical, relief from ............... .
multiple claims ........................... .
stay, when ............................. .
offer of judgment, procedure and effect ...... .
stay on multiple claims .................... .
Judicial ethics, canons of (See rule JAR 4)
Juries
charge .................................. .
defendant demanding ..................... .
function of court and jury ................. .
instructions to ............................ .
selection ................................ .
trial without ............................. .
Jurisdiction
defense by motion or responsive pleading .... .
unaffected by JCR ........................ .
Jury instructions ........................... .
Jury trial (See Juries; also Trial)
Laches, affirmative defense, pleading .......... .
License, affirmative defense, pleading .......... .
Mistakes, clerical, court record, relief .......... .
Motions
defenses
motion, made by ....................... .
process, insufficiency .................... .
waiver of .............................. .
definite statement, motion for, effect ........ .
dismissal for failure to state claims, when
treated as summary judgment ........... .
form of motions, rules applicable ........... .
intervention .............................. .
parties
adding, dropping ....................... .
substitution of ......................... .
rules applicable .......................... .
striking matter from pleadings .............. .
third party brought in by plaintiff or defendant
time for service ........................... .
Notices
appeal
serving and filing ....................... .
commencement of action .................. .
Oaths
administration of, manner ................. .
affirmations in lieu of ..................... .
Objections
joinder of two or more defenses or objections,
no waiver of .......................... .
pleading, form ........................... .
waiver of defenses ........................ .
Offer of judgment, procedure and effect ....... .
Orders
amendment of erroneous record on appeal by
lower court ........................... .
mistakes, clerical, relief from ............... .
Parties
adding, cross claim and counterclaim ....... .
adverse parties, testimony .................. .
associations, testimony of managing agent ... .
capacity ................................. .
claims may be severed for separate proceedings .................................. ·
corporations, testimony of managing agent ... .
instructions to jury, requesting certain ....... .
interpleader .............................. .
intervention .............................. .
joinder
adding parties, cross claim and counterclaim
failure to join
dismissal of action, not grounds for ..... .
dispensable parties, effect .............. .
No.
JCR
JCR
JCR
JCR
JCR
JCR
JCR
62
JCR
JCR
JCR
JCR
JCR
JCR
51
38
39
51
38
52
JCR
JCR
JCR
12(b)
82
51
JCR
JCR
JCR
8(c)
8(c)
60
JCR
JCR
JCR
JCR
12
12(b)
12(g)
12(d)
JCR
JCR
JCR
12(b)
8(e)
41
58
60
54(b)
62
68
24
JCR
JCR
JCR
JCR
JCR
JCR
21
25
7(b)
12(e)
JCR
JCR
73(a)
JCR
JCR
77.04
43(c)
JCR
JCR
JCR
JCR
12(b)
8(b)
JCR
JCR
75(b)
60
JCR
JCR
JCR
JCR
13(f)
43
43
17
JCR
JCR
JCR
JCR
JCR
21
43
51
JCR
13(f)
JCR
JCR
21
19(b)
14
6
4
12(g)
68
22
24
Index to Part V
II. Justice Court Civil Rules (JCR)---ront.
O. Jusdce Court Civil Rules (JCR)---cont.
Rule
indispensable parties, defense made by
motion . . . . . . . . . . . . . . . . . . . . . . . . . . . .
reasons given for omission . . . . . . . . . . . . . .
misjoinder, dismissal of action, not ground
for .................................
necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
permissive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
separate trials, orders to prevent delay or
prejudice . . . . . . . . . . . . . . . . . . . . . . . . . . . .
third parties, rules governing . . . . . . . . . . . . . .
managing agents, testimony . . . . . . . . . . . . . . . . .
partnerships, testimony of managing agents . . .
real party in interest, prosecution of action . . . .
substitution of, procedure and grounds . . . . . . .
third parties
brought in by defendant, when . . . . . . . . . . . .
brought in by plaintiff, when . . . . . . . . . . . . . .
insurance company restriction on joining in
tort cases . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Partnerships, testimony calling managing agent
as adverse party . . . . . . . . . . . . . . . . . . . . . . . . . .
Payment affirmative defense, pleading . . . . . . . . . .
Plaintiffs
interpleader . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
joinder as parties
necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
permissive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
jury trial, demand and selection . . . . . . . . . . . . .
third party may be brought in . . . . . . . . . . . . . . .
Pleadings
adoption by reference . . . . . . . . . . . . . . . . . . . . . .
adverse parties, striking for refusal to attend
and testify . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
amended and supplemental . . . . . . . . . . . . . . . . .
answers
allowed as a pleading . . . . . . . . . . . . . . . . . . . .
appearances, oral answers, time for . . . . . . . .
service of, when .. , . . . . . . . . . . . . . . . . . . . . . .
verification . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
attorney to sign . . . . . . . . . . . . . . . . . . . . . . . . . . .
capacity to sue . . . . . . . . . . . . . . . . . . . . . . . . . . . .
captions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
claims
alternative or hypothetical, setting forth . . . .
~i~missal without prejudice . . . . . . . . . . . . . . .
1omder .................................
legal and equitable, allowed . . . . . . . . . . . . . . .
relief, claims for, types . . . . . . . . . . . . . . . . . . .
requisites for relief . . . . . . . . . . . . . . . . . . . . . . .
separate, setting forth . . . . . . . . . . . . . . . . . . . .
complaints
allowed as a pleading . . . . . . . . . . . . . . . . . . . .
claims, joinder . . . . . .. .. . . . . .. . . . .. .. .. . .
contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
names of parties in title . . . . . . . . . . . . . . . . . .
req~isit~s .. . . .. .. .. .. . . .. .. . . . .. .. . . . . . .
verification . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
conciseness required . . . . . . . . . . . . . . . . . . . . . . .
consistency not required . . . . . . . . . . . . . . . . . . . .
construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
counterclaims
allowed as a pleading ....................
dismissal of actions without prejudice . . . . . .
mandatory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
mistakenly designated as defense . . . . . . . . . .
permissive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
reply, service of, when . . . . . . . . . . . . . . . . . . . .
requisites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
cross claims .............................. .
allowed as a pleading ....................
answer, service of, when . . . . . . . . . . . . . . . . . .
contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No.
JCR
JCR
12(b)
19(c)
JCR
JCR
JCR
21
19(a)
20
JCR
JCR
JCR
JCR
JCR
JCR
20(b)
14
43
43
17
25
JCR
JCR
14(a)
14(b)
JCR
14(c)
JCR
JCR
43
8(c)
JCR
22
JCR
JCR
JCR
JCR
19
20
38
14(b)
JCR
lO(b)
JCR
JCR
JCR
43(d)
7(a)
15
JCR
JCR
JCR
JCR
JCR
JCR
JCR
7(a)
12(a)
12(a)
11
II
17
JCR
JCR
JCR
JCR
JCR
JCR
JCR
8(e)
41
18(a)
8(e)
8(a)
8(a)
8(e)
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
7(a)
18(a)
8(a)
lO(a)
8(a)
11
8(c)
8(e)
8(f)
JCR
JCR
JCR
JCR
JCR
JCR
JCR
7(a)
41
13
8(c)
13
12(a)
8(a)
JCR
JCR
JCR
JCR
7(a)
12(a)
8(a),
13
11
Rule
dismissal without prejudice .............. . JCR
requisites .............................. . JCR
JCR
defenses
affirmative ............................. . JCR
consolidation of ........................ . JCR
legal and equitable allowed .............. . JCR
mistakenly designated a counterclaim ..... . JCR
responsive pleadings, defenses asserted by,
exception ........................... . JCR
separate, alternative or hypothetical, allowing ................................ . JCR
waiver ................................ . JCR
demurrers abolished ...................... . JCR
exhibits are part of pleadings ............... . JCR
form of ................................. . JCR
interpleader .............................. . JCR
intervention procedure .................... . JCR
joinder or remedies and claims ............. . JCR
mistaken designation ...................... . JCR
motions
defenses, asserting, when allowed ......... . JCR
definite statement, motion for, effect ...... . JCR
JCR
form of pleading ....................... . JCR
JCR
rules applicable ........................ . JCR
JCR
s~riking matt~r ......................... . JCR
tune for service ......................... . JCR
parties, joinder of ......................... . JCR
failure to join ....................... . JCR
JCR
misjoinder and nonjoinder, not grounds for
dismissal ........................... . JCR
necessary joinder ....................... . JCR
permissive joinder ...................... . JCR
reason for omission to be stated .......... . JCR
third parties, bringing in ................. . JCR
reply
all~wed _as a pleading ................... . JCR
venficat1on ............................ . JCR
service .................................. . JCR
signing, requirement and effect ............. . JCR
striking for refusal by adverse parties or managing agent to attend and testify ......... . JCR
superior court, pleadings during appeal to .... . JCR
supplemental ............................. . JCR
technical forms not required ............... . JCR
third party brought in by
defendant ............................. . JCR
plaintiff ............................... . JCR
verification .............................. . JCR
Process (See Service; also Summons)
Proof (See Evidence; also Pleadings; also
Service)
JCR
Property, release, appeal and stay of proceedings
Publication (See Service)
Real party in interest, prosecution of actions .... JCR
Records (See also Records on appeal; also Transcripts on appeal)
mistakes, clerical, relief from ............... . JCR
proof, official records ..................... . JCR
Records on appeal
amendment of erroneous record by lower
court ................................ . JCR
failure of lower court to properly transfer .... . JCR
filing of lower court record with superior court JCR
Release
affirmative defense, pleading ............... . JCR
Remedies, joinder .......................... . JCR
Reply
counterclaim, response to .................. . JCR
service following counterclaim, when ........ . JCR
No.
41
8(a),
13
8(c)
12(f)
8(e)
8(c)
12
8(e)
12(g)
7(e)
IO(b)
10
22
24
18
8(c)
12
12(a),
12(d)
7(b),
8(e)
7(b),
8(e)
12(e)
6
12(b),
19,
21
21
19(a)
20(a)
19(c)
14
7(a)
II
5
ll
43(d)
75(a)
lS(d)
8(e)
14(a)
14(b)
11
73(c)
17
60
44
75(b)
75(b)
75(a)
8(e)
l&(b)
7(a)
12(a)
(Index to Part V--p 45]
tndex to Part V
II. Justice Court Civil Rules (JCR)-----<:ont.
0. Justice Court Civil RuJes (JCR)--cont.
RuJe
verification .............................. . JCR
Res judicata, affirmative defense, pleading ..... . JCR
Rules
computation of time ...................... . JCR
construction, jurisdiction and venue unaffected JCR
effective date ............................. . JCR
judge failing to apply, contempt (See rule JAR
No.
ll
8(c)
6
82
86
7)
reference to as JCR ....................... .
scope ................................... .
School districts, cost bond on appeal to superior
court, not required ....................... .
Service
appeal, notice of .......................... .
insufficient process, defense ................ .
parties who may serve ..................... .
personal, procedure ....................... .
pleadings and other papers ................ .
proof, manner ............................ .
publication, procedure .................... .
Setoff
assignee, against .......................... .
beneficiary of trust, against ................ .
pleaded, must be ......................... .
Statute of frauds, affirmative defense, pleading ..
Statute of limitations, affirmative defense, plead·
ing .................................... .
Stay
proceedings
appeal ................................ .
multiple claims ......................... .
Striking, motion to strike matter from pleadings
Subpoenas ................................. .
Summary judgments
motion to dismiss for failure to state a claim,
when treated as summary judgment ...... .
Summons
insufficient process, defense ................ .
Superior court
amendment of lower court records, ordering
on appeal ............................ .
appeal to
pleadings to be used during .............. .
procedure in handling ................... .
when and how made .................... .
bond, appeal
cost for ............................... .
defects in, new bond requires ............ .
stay of proceedings ..................... .
judgment against appellant and sureties ..... .
records of lower court
failure of lower court to properly transfer on
appeal ............................. .
filing on appeal ........................ .
ordering amendment on appeal ........... .
stay of proceedings, court of limited jurisdic·
tion .......................... · · · · · · · · ·
sureties on appeal bonds, exceptions ........ .
transcripts of lower court, filing on appeal ... .
Supplemental pleadings, when and how made .. .
Sureties
bond for costs on appeal and stay of proceed·
ings ................... · · · · · · · · · · · · · · · ·
judgment against on appeal ................ .
Third parties (See also Parties)
defendant may bring in third party ......... .
insurance companies, restrictions on joinder in
tort cases ............................. .
plaintiff may bring in third party ........... .
Third party claims
asserted in response pleading, exception ..... .
dismissal without prejudice ................ .
separate trials ............................ .
Time
flnde% to Part V--;> 46)
JCR
JCR
85
1
JCR
73(a)
JCR
JCR
JCR
JCR
JCR
JCR
JCR
73(a)
l2(b)
4(d)
4(e),(f)
5
4(f)
JCR
JCR
JCR
JCR
13.04
13.04
13.04
8(c)
JCR
8(c)
JCR
JCR
JCR
JCR
73(b)
62
12(e)
45
JCR
l2(b)
JCR
12(b)
JCR
75(b)
JCR
JCR
JCR
75(a)
75(a)
73
JCR
JCR
JCR
JCR
73(a)
73(d)
73(b)
73(e)
JCR
JCR
JCR
75(b)
75(a)
75(b)
JCR
JCR
JCR
JCR
73(b)
73(a)
75(a)
l5(d)
JCR
JCR
73(a)
73(e)
JCR
14(a)
JCR
JCR
14(c)
14(b)
JCR
JCR
JCR
12(b)
41
42(b)
4(b)
Rule
effective date, civil rules for courts of limited
jurisdiction ........................... .
motions, time for service .................. .
rules for computing ....................... .
Title
civil rules for justice court, referred to as JCR
Towns
cost bond on appeal to superior court, not required ............................... .
Transcripts on appeal
amendment of erroneous records by lower
court ................................ .
failure of lower court to properly transfer .... .
filing of lower court records with superior
court ................................ .
Trial
assignment of cases for .................... .
consolidation of actions, common question of
law or fact ............................ .
facts, findings, court need not make ......... .
jury
demand ............................... .
function of jury and court ............... .
instructions to .......................... .
selection .............................. .
law, conclusions, court need not make ....... .
nonjury trial, court's functions ............. .
separate trials
claims or issues ........................ .
joinder of parties, when ................. .
Trustee, capacity to sue ..................... .
Venue, unaffected by JCR ................... .
Verification, pleadings, procedure ............. .
Waiver
affirmative defense, pleading waiver ......... .
defenses and objections ................... .
Witnesses
adverse parties ........................... .
affirmation in lieu of oath ................. .
attorney acting as witness .................. .
cross-1!xamination, scope ................ .
discovery, refusal to make, effect ........... .
examination ............................. .
conducted by one attorney only .......... .
. scope .................................. .
unpeaching .............................. .
leading questions, unwilling or hostile witnesses ................................... .
managing agent .......................... .
oath or affirmations ....................... .
No.
JCR
JCR
JCR
6
6
JCR
85
JCR
13(a)
JCR
JCR
75(b)
75(b)
JCR
75(a)
JCR
40
JCR
JCR
42(a)
52
JCR
JCR
JCR
JCR
JCR
JCR
38
39
51
38
52
52
JCR
JCR
JCR
JCR
JCR
42(b)
20(b)
l7
82
II
JCR
JCR
8(c)
12
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
JCR
43
43(c)
43(d)
43(b)
43(d)
43
43(a-l)
43(b)
43(b)
JCR
JCR
JCR
43(b)
43
77.04
86
Ill. Justice Court Criminal Rules (JCrR)
Rule
Acquittal
plea of former acquittal
authorized .............................. JCrR
procedure in criminal and traffic cases ...... JCrR
Administrator for the courts
citation and notice to appear, approval ....... JCrR
Affidavits
disqualification of judge, parties requesting,
when .................................
serving affidavit with motion or application ...
Amendments
complaint
arraignment, during ......................
when allowed ...........................
Appeal bond
cash deposit in lieu of bond .................
No.
3.06
4.03
2.01
(b)(6)
JCrR
JCrR
8.01
10.02
JCrR
JCrR
4.10
JCrR
JCrR
deposit procedure ......................... JCrR
forfeiture ................................. JCrR
6.02,
6.03
6.02
6.03
3.04
Index to Part V
DJ. Justice Court CrlminaJ Rules
Ill. Justice Court Criminal Rules (JCrR)--cont.
(JCrR~ont.
Rule
stay of execution, condition for .............. JCrR
superior court to receive and return on dismissal ................................. JCrR
Appeals
bond
forfeiture ............................... JCrR
security, stay of execution ................ JCrR
cash bail ................................. JCrR
dismissal
grounds and effect ......................... JCrR
motion for judgment of dismissal granted,
state's right to appeal ................. JCrR
justice court, appeal to superior court in county where offense committed, when ........ JCrR
mistake, clerical, lower court record, when
corrected .............................. JCrR
notice of, serving and filing ................. JCrR
noting case for trial ........................ JCrR
procedure, filing and serving notice of appeal .. JCrR
pros,ecution ............................... JCrR
records of lower court, filing with superior
court ................................. JCrR
stay of execution, conditions for granting,
pending appeal ......................... JCrR
superior court in county of lower court, appeal
to .................................... JCrR
JCrR
time period for taking ...................... JCrR
JCrR
transcripts of lower court, filing with superior
court ................................. JCrR
Appearance
arraignment, appearance by counsel only ..... JCrR
citation and notice to appear
failure to obey .......................... JCrR
procedure and requisites .................. JCrR
sufficiency .............................. JCrR
preliminary, failure, effect ................... JCrR
Appellants
bonds or cash deposit (See Appeal bond)
dismissal of appeal, when ................... JCrR
failure to prosecute appeal properly, dismissal,
effect ................................. JCrR
filing records of lower court with superior
court ................................. JCrR
notice of appeal, serving and filing ........... JCrR
noting case for trial after filing transcript ..... JCrR
prosecution of appeal ...................... JCrR
Application to court, notice to opposing party
required ................................. JCrR
Arraignment
appearance by counsel, when ............... JCrR
complaint, defendants name properly upon,
checking if ............................. JCrR
conducted in open C-Ourt .................... JCrR
counsel, right to and time to C-Onsult, defendant .................................. JCrR
defendant charged in open e-0urt ............. JCrR
not guilty, nature and effect of plea .......... JCrR
pleas
acquittal ............................... JCrR
dismissal ............................... JCrR
failure to plead, effect .................... JCrR
former conviction ....................... JCrR
guilty ................................. .
conditions upon which court will accept .. JCrR
court's refusal to accept, effect .......... JCrR
made by defendant in open court ........ JCrR
not guilty
entered by C-OUrt ....................... JCrR
nature and effect of plea ................ JCrR
substitution ............................. JCrR
time to determine, defendant .............. JCrR
when entered ........................... JCrR
No.
6.02
6.03
6.03
6.02
6.02
6.03
4.11
6.01
8.03
6.01
6.01
6.01
6.03
6.01
6.02
6.01
6.01,
6.03,
IO.OJ
6.01
3.04
2.08
2.01
2.04
2.03(c)
6.03
6.03
6.01
6.01
6.01
6.03
10.02
3.03
3.04
3.01
3.02
3.01
3.06
3.06
3.06
3.06
3.06
3.06
3.06
3.06
3.06
3.06
3.06
3.02
3.04
withdrawing, court permitting .............
setting complaint aside, ground and effect ....
Arrest (See also Warrant)
citation and notice to appear, failure to obey ..
defendant to be present at pronouncement of
judgment and sentence ..................
warrant
form ...................................
issuance ................................
summons issuance in lieu of ..............
Attorney, withdrawal of, when ................
Bail
cash deposit ..............................
citation, release on written promise to appear .
forfeiture, court's power ....................
pending sentence ........ ,
..................
stay of execution on appeal .................
Bill of particulars pursuant to citation and notice
Bonds
appeal
cash bail ...............................
deposit procedure .......................
forfeiture ...............................
stay of execution ........................
superior court to receive and return on dismissal ...............................
bail (See Bail)
Books, subpoena duces tecum .................
Briefs, plainly written, typed or printed .........
Canons of judicial ethics (See rule JAR 4)
Certificate upon citation and notice to appear ...
Challenges, opening statement, sufficiency of evidence ...................................
Charges
bill of particulars pursuant to citation ........
complaint or citation to specify ..............
Citation and notice to appear
bill of particulars ..........................
failure to obey ............................
procedure and requisites ....................
sufficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Clerk
complaint or citation to be filed with .........
conviction, judgment, duty upon, effect of
omission ..............................
mistakes, correction ........................
records of lower court on appeal, filing .......
subpoena, issuance . . . . . . . . . . . . . . . . . . . . . . . .
Complaints
allegations
incorporation by reference from one count
into another .........................
unnecessary, disregarding or striking .......
violation, specifying ......................
amendment
authorized ..............................
Rule
JCrR
JCrR
No.
3.06
3.04
JCrR
2.04
JCrR
5.04
JCrR
JCrR
JCrR
JCrR
2.02
(c)(l)
2.02(a)
2.02(b)
2.1 l(d)
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
6.02
2.01
6.03
5.03(a)
6.02
2.04
JCrR
JCrR
JCrR
JCrR
6.02
6.02
6.03
6.02
JCrR
6.03
JCrR
JCrR
3.12
1.04
JCrR
2.01
JCrR
4.08
JCrR
JCrR
2.04
2.01
JCrR
JCrR
JCrR
JCrR
2.04
2.08
2.01
2.04
JCrR
2.01
JCrR
JCrR
JCrR
JCrR
5.05
8.03
6.01
3.10
JCrR
JCrR
JCrR
2.04
2.04
2.04
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
3.04,
4.10
4.10
2.01
(b)(4)
2.01
2.06
2.01
3.04
3.02
2.01
JCrR
JCrR
JCrR
JCrR
JCrR
4.05
2.05
4.04
2.07
3.04
JCrR
JCrR
continuance based on .................... JCrR
citation deemed complaint .................. JCrR
citizen complaints .........................
consolidation, same defendant and offense ....
contents ..................................
dismissal, motion to set aside ................
examination, reasonable time, defendant ......
filing procedure ...........................
joinder
offenses or defendants, relief from prejudicial .................................
offenses or defendants, when ..............
trial together, complaints, when ...........
lost or destroyed, effect .....................
name of defendant, checking, arraignment ....
(Index to Part V----p 47]
In<tex to Part
v
III. Justice Court Criminal RuJes (JCrR}--<ont.
III. Jusdce Court Criminal Rules (JCrR}----<:ont.
Rule
plainly written, typed or printed .............
plea of not guilty denies every allegation ......
proceedings initiated by, exceptions ..........
requisites .................................
separate count for each offense ..............
setting aside, grounds and effect, arraignment
sufficiency ................................
trial
two or more complaints tried together ......
when tried ..............................
verification ...............................
Computation of time, rule for .................
Consolidation of complaints, same offense ......
Contempt
judges failure to apply rules (See General rules
JAR 7)
witnesses failure to appear, subpoena .........
Continuance
complaint, amendment, when continuance
granted ...............................
trial, when ................................
Conviction
appeal procedure ..........................
contents of judgment .......................
defendant's presence required, pronouncement
of sentence and judgment ................
judge and clerk, duty of, effect of omission ....
setting aside judgment, effect ................
stay of execution, condition for granting,
pending appeal .........................
Copies
complaint, copy substituted for lost or destroyed ................................
complaint or citation, for each defendant .....
Counsel
arraignment
appearance by counsel only ...............
right to counsel and time to consult ........
assignment of .............................
attorneys, withdrawal ......................
lawyer, explaining availability ...............
proceedings
stage ...................................
types ...................................
service other than .........................
Courts (See also Judges; Justices of the peace;
Superior court; Trial)
appeal
filing transcripts with superior court ........
dismissal of, lower court judgment to enforce ................................
stay of execution pending .................
superior court as tribunal, procedure of appeal ................................
bail
cash deposit on appeal ...................
forfeiture, courts power ...................
stay of execution on appeal ...............
bond
appeal
cash bail .............................
deposit procedure .....................
forfeiture .............................
superior court to receive and return on
dismissal ..........................
bail (See bail)
citation and notice to appear (See Citation and
notice to appear)
complaints (See Complaints)
conduct of judicial proceedings and trials .....
defined (See rule JAR 3)
dismissal, motion by court for, grounds .......
disqualification of judge
procedure ..............................
(Index to Part V--p 48)
No.
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
2.01
2.01
2.05(a)
3.04
2.01
JCrR
JCrR
JCrR
JCrR
JCrR
4.04
3.07
2.01
10.01
2.06
1.04
3.06
JCrR
3.11
JCrR
JCrR
4.10
3.08
JCrR
JCrR
6.01
5.03
JCrR
JCrR
JCrR
5.04
5.05
5.06
JCrR
6.02
JCrR
JCrR
3.01
2.0l(d)
JCrR
JCrR
JCrR
JCrR
JCrR
3.03
3.02
2. ll(d)
2. ll(e)
2.ll(c)
JCrR
JCrR
JCrR
2.ll(b)
2.ll(a)
2.1 l(f)
JCrR
6.01
JCrR
JCrR
6.03
6.02
JCrR
6.01
JCrR
JCrR
JCrR
6.01
6'°3
6.02
JCrR
JCrR
JCrR
6.01
6.01
6.03
JCrR
6.03
JCrR
4.01
JCrR
4.11
JCrR
8.01
replacement ............................
evidence, not to comment on, jury trial .......
facts, judge trying in nonjury cases ...........
jury (see Juries)
justice
appeal to superior court when justice court
in joint justice district .................
disqualification ..........................
Rule
JCrR
JCrR
JCrR
8.02
4.07(c)
4.07(e)
JCrR
JCrR
JCrR
6.01
8.01,
8.02
JCrR
JCrR
JCrR
JCrR
JCrR
4.07(d)
4.07(e)
4.07(d)
8.03
4.07(c)
JCrR
JCrR
5.06
4.08
No.
examination of lay candidates (See rule JAR
1)
presiding judge, appointment and duties
(See rule JAR 4)
law
answering juror's questions ...............
instructing juries ........................
issues of, deciding .......................
mistakes, clerical, when corrected ............
municipal ordinance violation, trial by court ..
new trial, setting aside prior judgment of conviction ................................
opening statements ........................
pie.as
acquittal, procedure ......................
JCrR
JCrR
dismissal ............................... JCrR
failure to plead, effect .................... JCrR
former conviction ....................... JCrR
JCrR
guilty
condition upon which court will accept ... JCrR
court's refusal to accept, effect .......... JCrR
JCrR
made only by defendant in open court ... JCrR
not guilty
entered by court, when ................. JCrR
entered by defendant .................. JCrR
nature and effect of plea ................ JCrR
substitution ............................. JCrR
trial to follow defendant's plea ............ JCrR
when entered ........................... JCrR
withdrawing, court's permitting ............ JCrR
postponement and continuance of trial, when
JCrR
process, issuance, scope .................... JCrR
publicity of court proceedings, governed by
canon of judicial ethics (See rule JAR 4)
rebuttal testimony after opening statement,
when allowed .......................... JCrR
records, mistakes in ........................ JCrR
rules of court
local rules, adoption of ................... JCrR
procedure in cases not prescribed by ....... JCrR
sentence and judgment
defendant must appear for pronouncement .. JCrR
determined by court ..................... JCrR
separate dockets to be kept (See rule JAR 6)
setting aside judgment of conviction, when .... JCrR
special local court rules, adopting ............ JCrR
stay of execution, conditions for granting
pending appeal ......................... JCrR
subpoena
duces tecum, issuance . . . . . . . . . . . . . . . . . . . . JCrR
witnesses ............................... JCrR
superior court
JCrR
appeal to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . JCrR
JCrR
dismissal of appeal to, grounds and effect . . . JCrR
mistake in lower court record, clerical, when
corrected ............................ JCrR
transcripts of lower court filed with ........ JCrR
time, period enlarged or act done after
expiration
period, when allowed .................... JCrR
3.06
4.03
3.06
3.06
3.06,
4.03
3.06
3.06,
4.02
3.06
3.06
3.06
3.06
3.06
3.07
3.04
3.06
3.08
3.13
4.08
8.03
1.03
8.04
5.04
5.03
5.06
1.03
6.02
3.12
3.10
6.01,
6.02,
6.03
6.03
8.03
6.01
10.01
Index to Part V
Ill. Justice Court Criminal Rules (JCrR)----<:Ont.
ID. Justice Court Criminal Rules (JCrR}---cont.
Rule
trial without jury ........................ JCrR
JCrR
verdict, signed to jury foreman, returned to
open court ............................. JCrR
witnesses, names filed ...................... JCrR
Decisions, plainly written, typed or printed ...... JCrR
Defendant
JCrR
appeal ................................... JCrR
JCrR
arraignment
charged in open court .................... JCrR
counsel, right to and time to consult ....... JCrR
name on complaint, checking at arraignment JCrR
plea, time to determine ................... JCrR
arrest
must be present for pronouncement of sentence and judgment ................... JCrR
warrant for ............................. JCrR
bail
cash bail, deposit on appeal ............... JCrR
hearing on amount of bail ................ JCrR
stay of execution on appeal ............... JCrR
bond
appeal
cash bail ............................. JCrR
deposit procedure ..................... JCrR
forfeiture ............................. JCrR
stay of execution, conditions for ......... JCrR
superior court to receive and return on
dismissal .......................... JCrR
bail (See bail)
charges, made in open court, arraignment ..... JCrR
citation and notice to appear
bill of particulars ........................ JCrR
failure to obey .......................... JCrR
procedure and requisites .................. JCrR
sufficiency .............................. JCrR
complaint
consolidation ........................... JCrR
continuance requested for amendment,
when ............................... JCrR
dismissal ............................... JCrR
examination, allowing time for ............ JCrR
setting aside, grounds and effect ........... JCrR
trial together ............................ JCrR
JCrR
conviction, judgment
contents of ............................. JCrR
setting aside, effect ....................... JCrR
counsel, informed of right to ................ JCrR
dismissal
motion for judgment, grounds ............. JCrR
trial delay, bars further prosecution, exceptions ................................ JCrR
disqualification of judge, filing affidavit ....... JCrR
evidence, offer of, after judgment of dismissal
denied ................................ JCrR
former conviction, procedure ................ JCrR
joinder
procedure .............................. JCrR
relief from prejudicial .................... JCrR
trial together of complaints . . . . . . . . . . . . . . . JCrR
jury trial
demand ................................ JCrR
selection procedure ...................... JCrR
waiver ................................. JCrR
name on complaint, checking at arraignment .. JCrR
not guilty, judgment ....................... JCrR
opening statements
challenging sufficiency of prosecution's case JCrR
length .................................. JCrR
procedure .............................. JCrR
rebuttal testimony, when ................. JCrR
No.
4.07(c),
5.01
5.02
3.10
1.04
6.01,
6.02,
6.03
3.01
3.02
3.04
3.02
5.04
2.02(a)
6.01
2.02(a)
6.02
6.01
6.01
6.03
6.02
6.03
3.01
2.04
2.08
2.01
2.04
2.06
4.10
3.04
3.02
3.04
4.04,
4.05
5.03
5.06
2.03(e)
4.11
3.08
8.01
4.11
4.03
2.05(b)
4.05
4.04
4.07(a)
4.07(b)
4.07(a)
3.04
5.03
4.08
4.08
4.08
4.08
RuJe
r,eserving until close of prosecution's case ... JCrR
waiver ................................. JCrR
pleas
acquittal ............................... JCrR
JCrR
dismissal ............................... JCrR
failure to plead, effect . . . . . . . . . . . . . . . . . . . . JCrR
former conviction ....................... JCrR
guilty
condition upon which court will accept ... JCrR
court's refusal to accept ................ JCrR
JCrR
made only by defendant in open court ... JCrR
procedure judge follows thereafter ....... JCrR
not guilty
entered by court ....................... JCrR
entered by defendant .................. JCrR
nature and effect ...................... JCrR
procedure
criminal offenses .................... JCrR
traffic offenses ....................... JCrR
substitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . JCrR
when entered ........................... JCrR
withdrawing, when ....................... JCrR
presence during
pronouncement of judgment and sentence,
mandatory, exceptions ................ JCrR
trial mandatory, exceptions ............... JCrR
sentence
disposition of defendant pending .......... JCrR
imposition by court or jury ............... JCrR
presence during pronouncement, exception .. JCrR
statement after sentence imposed, mitigating, allowing ......................... JCrR
setting aside of judgment of conviction, motion ................................... JCrR
stay of execution, conditions for granting
pending appeal ......................... JCrR
striking unnecessary allegation in complaint,
motion ................................ JCrR
subpoena
duces tecum, inspection of objects ......... JCrR
showing materiality of testimony before issuance, when ........................ JCrR
witnesses ............................... JCrR
trial
continuance or postponement of ........... JCrR
when .................................. JCrR
witnesses
names disclosed upon request, state witnesses .................................. JCrR
subpoena ............................... JCrR
Defenses
continuance granted to prepare defense, complaint amended ........................ JCrR
Denials
plea, not guilty, denies every allegation in
complaint ............................. JCrR
Directed verdict, motion abolished, judgment of
dismissal substituted ...................... JCrR
Dismissal
appeal, grounds and effect . . . . . . . . . . . . . . . . . . JCrR
bars further prosecution, delay in bringing defendant to trial ......................... JCrR
complaint, when ........................... JCrR
defendant, delay in trial, effect, exception ..... JCrR
motion for judgment of dismissal
grounds for granting ..................... JCrR
l:'eplaces motion for directed verdict ........ JCrR
state may appeal ........................ JCrR
plea entered by defendant .................. JCrR
Disqualification
judges
grounds, procedure ...................... JCrR
No.
4.08
4.08
3.06,
4.02
3.06
3.06
3.06
3.06
3.06,
4.02
3.06
4.02
3.06
3.06
3.06
4.03
4.03
3.06
3.04
3.06
5.04
4.06
5.03
5.03
5.04
5.03
5.06
6.02
2.04
3.12
3.10
3.10
3.08
3.07
3.10
3.10
4.10
3.06
4.11
6.03
3.08
3.04
3.08
4.11
4.11
4.11
3.06
8.01
(Index to Part V-;> 491
Index to Part V
III. Justice Coort Criminal Rules (JCrR)---cont.
Ill. Justice Court Criminal Rules (JCrR)---<xmt.
Rule
transfer of case to another judge ........... JCrR
Dockets (See rule JAR 6)
Documents (See also Records)
subpoena duces tecum ..................... JCrR
Evidence
defendant offering, after judgment of dismissal
denied ................................ JCrR
insufficient, grounds for granting motion for
judgment of dismissal ................... JCrR
judge not to comment on ................... JCrR
opening statement
defendant
challenging sufficiency of prosecution's
case .............................. JCrR
procedure ............................ JCrR
reserving until close of prosecution's case JCrR
prosecution, procedure ................... JCrR
rebuttal testimony, when ................. JCrR
waiver ................................. JCrR
preliminary examination, on ................ JCrR
rules applicable ........................... JCrR
Ex parte, applications to court, notice to adverse
party
not required .............................. JCrR
Examination
citizen complaints ......................... JCrR
justice of the peace, candidates for (See rule
JAR I)
witnesses, upon plea of guilty ............... JCrR
Filing
affidavits, disqualification of judge ........... JCrR
appeal on, transcript of lower court .......... JCrR
complaint or citation and notice ............. JCrR
notice of appeals .......................... JCrR
records of lower court on appeal to superior
court ................................. JCrR
witnesses name, state, proper court ........... JCrR
Findings
trial without jury .......................... JCrR
JCrR
Forfeiture, bail .............................. JCrR
Gross misdemeanors, citation and notice to appear .................................... JCrR
Hearing, preliminary, before judge ............. JCrR
Inspection, subpoena duces tecum, objects of .... JCrR
Instructions, jury ............................ JCrR
Intoxication, prosecution of public intoxication
cases .................................... JCrR
Issues
facts
court trying in nonjury case ............... JCrR
jury to try . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . JCrR
law, court shall decide ..................... JCrR
Joinder
defendants ................................ JCrR
JCrR
offenses, complaint ........................ JCrR
relief from prejudicial joinder of offenses or
defendants ............................. JCrR
trial together of two or more complaints ...... JCrR
Judges (See also Courts)
appearance before, regulations .............. JCrR
No.
8.02
3.12
4.11
4.11
4.07(e)
4.08
4.08
4.08
4.08
4.08
4.08
2.03(0
4.09
10.02
4.02
8.01
6.01
2.01
6.01
6.01
3.10
4.07,
5.01
6.03
2.01
2.03(d)
3.12
4.08
2.01
4.07(e)
4.07(e)
4.07(d)
2.05(b),
4.04
2.05(a)
4.05
4.04
2.02(0
(I)
bail, forfeiture, courts power ................
conduct of trial, discretion, when ............
contempt (See ru\c JAR 7)
conviction, judgment, duty upon, effect of
omission ..............................
definition (See rule JAR 3)
disqualification
judge disqualifying self or party asking for
disqualification .......................
justice court transferring case to another
judge ...............................
(Index to Part V--p SO}
JCrR
JCrR
6.03
4.01
JCrR
5.05
JCrR
8.01
JCrR
8.02
Rule
ethics (See rule JAR 4)
evidence, not to comment on, jury trial .......
facts, trying in nonjury cases ................
jury selection procedure ....................
justice district, multiple judges, presiding
judge, appointment and duties (See rule
JAR 5)
law
instructing juries . . . . . . . . . . . . . . . . . . . . . . . .
issues of, deciding .......................
juror's questions about, answering .........
person arrested without warrant, appearance
before .................................
plea of guilty, procedure judge follows thereafter ....................................
preliminary appearance, failure, effect ........
preliminary hearing ........................
subpoena of witnesses for prosecution or defendant, issue ..........................
Judgments
appeal procedure ..........................
conviction, contents of .....................
defendant must be present when judgment
pronounced, exceptions . . . . . . . . . . . . . . . . .
discharge of defendant .....................
dismissal
appeal to superior court, lower court judgment to be enforced ..................
motion for ..............................
judge and clerk, duty upon conviction, effect
of omission ............................
mistakes, clerical, when corrected ............
motion for judgment of dismissal
grounds ................................
replaces motion for directed verdict ........
state's appeal from .......................
not guilty .................................
setting aside a judgment of conviction, when ..
stay of execution, conditions for granting,
pending appeal .........................
Judicial ethics (See rule JAR 4)
Juries
defendant demanding jury ..................
facts, trying issues . . . . . . . . . . . . . . . . . . . . . . . . .
instructions given prior to counsel's argument
law
instructions on ..........................
question of, court answering ..............
number, six or less .........................
order of trial ..............................
polling after verdict, effect ..................
prosecution demanding .....................
selection .................................
state demanding ...........................
swearing in ...............................
trial without ..............................
verdict
judgment of conviction to state verdict .....
signed by foreman, returned to open court ..
waiver by defendant .......................
Jurisdiction
complaints, several issued for same offense,
different courts .........................
scope of process ...........................
Justices of the peace (Sec a\so Court; also
Judges)
appeal to superior court when justice court in
joint justice district .....................
disqualification
procedure ..............................
replacement ............................
examination of candidates for (See rule JAR I)
Lawyer, explaining availability of ..............
No.
JCrR
JCrR
JCrR
4.07(e)
4.07(e)
4.07(b)
JCrR
JCrR
JCrR
4.07(e)
4.07(d)
4.07(d)
JCrR
2.03(b)
JCrR
JCrR
JCrR
4.02
2'03(c)
2.03(d)
JCrR
3.10
JCrR
JCrR
6.01
5.03
JCrR
JCrR
5.03
5.03
JCrR
JCrR
6.03
4.11
JCrR
JCrR
5.05
8.03
JCrR
JCrR
JCrR
JCrR
JCrR
4.11
4.11
4.11
5.03
5.06
JCrR
6.02
JCrR
JCrR
JCrR
4.07(a)
4.07(e)
4.08
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
4.07(e)
4.07(d)
4.0'1(a)
4.08
5.02
4.07(a)
4.07(b)
4.07(a)
4.08
4.0'1(c),
5.01
JCrR
JCrR
JCrR
5.03
5.02
4.07(a)
JCrR
JCrR
2.06
3.13
JCrR
6.01
JCrR
JCrR
8.01
8.02
JCrR
2.ll(c)
Index to Part V
III. Justice Court Criminal Rules (JCrR)--cont.
IIl. Justice Court Criminal Rules (JCrR)-------Cont.
Rule
Misdemeanors
appearance by counsel only, when ...........
citation and notice to appear . . . . . . . . . . . . . . . .
Mistakes, clerical, court record, relief . . . . . . . . . . .
Motions
directed verdict abolished, judgment of dismissal substituted .......................
dismissal, judgment of grounds ..............
modifying subpoena duces tecum ............
notice to opposing party required, when . . . . . .
plainly written, typed or printed .............
quashing subpoena duces tecum .............
setting aside
complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
judgment of conviction ...................
striking unnecessary allegations in complaint ..
subpoena duces tecum, quash or modify ......
time period extended or excused .............
Municipal ordinances, trial by court for violation
Names
citation and notice lo appear, contents .......
defendant's name on complaint, checking .....
New trial, setting prior judgment of conviction
aside ....................................
Notices
appeal ...................................
citation and notice to appear (See Citation and
notice to appear)
motions and applications, adverse party to receive notice of .........................
Oaths, defined (See rule JAR 3)
Officers
citation and notice to appear, issuance by .....
sheriff, subpoena of witnesses ...............
Opening statements
defendant
challenging sufficiency of prosecution's case
procedure ..............................
reserving right until close of prosecution's
case ................................
length ....................................
prosecution, procedure .....................
rebuttal testimony, when ...................
waiver ...................................
Orders
complaint, two or more, trial together ........
mistakes, clerical, when corrected ............
new trial granted upon setting judgment of
conviction aside, when ..................
plainly written, typed or printed .............
time period extended or excused .............
Papers, subpoena duces tecum ................
Pleadings
citation and notice to appear (See Citation and
notice to appear)
complaint
allegations
incorporation by reference from one
count into another ..................
unnecessary, disregarding or striking .....
amendment
arraignment ..........................
continuance, when .....................
citizens complaints .......................
consolidation, same defendant and offense ..
defendants, joinder ......................
dismissal or amendment, motion to set aside
examination by defendant, reasonable time
filing procedure .........................
joinder
complaints tried together, when .........
offenses, when ........................
JCrR
JCrR
JCrR
3.03
2.01
8.03
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
4.11
4.11
3.12
I0.02
l.04
3.12
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
2.04
JCrR
2.02
JCrR
(b)(2)
3.04
JCrR
5.06
JCrR
6.01
JCrR
10.02
JCrR
JCrR
2.01
3.10
3.04
5.06
3.12
I0.01
4.07(c)
JCrR
JCrR
4.08
4.08
JCrR
JCrR
JCrR
JCrR
JCfR
4.08
4.08
4.08
4.08
4.08
JCrR
JCrR
4.04
JCrR
JCrR
JCrR
JCrR
5.06
3.12
JCrR
JCrR
2.04
2.04
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
Rule
No.
8.03
l.04
I0.01
3.04
4.10
2.01
2.06
2.05(b)
3.04
3.02
2.01
4.04
2.05(a),
4.05
relief from prejudicial joinder of complaints ............................
lost or destroyed, effect ...................
name of defendant, checking, arraignment ..
plainly written, typed or printed ...........
pleas of not guilty denies every allegation ...
proceedings initiated by, exception .........
setting aside, grounds and effect ...........
separate count for each offense ............
sufficiency ..............................
trial
two or more complaints tried together ....
when tried ............................
verification .............................
defendant required to plead after complaint
examined ..............................
motion
directed verdict abolished, judgment of dismissal substituted .....................
judgment of dismissal, grounds ............
plainly written, typed or printed ...........
setting aside
complaint, effect .......................
judgment of conviction, effect ...........
striking unnecessary allegations in complaint
subpoena duces tecum, quash or modify ....
time limits extended or excused ...........
notice to opposing party required, when ......
Pleas
arraignment, time to make plea, reasonable ...
dismissal .................................
failure to plead effect ......................
former acquittal or conviction
plea at arraignment ......................
procedure
criminal offenses ......................
traffic offenses .........................
guilty
condition upon which court will accept .....
court's refusal to accept, effect ............
made only by defendant in open court .....
procedure judge follows thereafter .........
refusal to accept, court ...................
judgment of conviction to state plea ..........
not guilty
entered by court, when ...................
entered by defendant ....................
nature and effect of plea ..................
procedure
criminal offenses ......................
traffic offenses .........................
substitution ...............................
trial to follow defendant's plea ..............
when entered .............................
withdrawing, court permitting ...............
Polling jury after verdict, effect ................
Preliminary examination (See Examination)
Pretrial release
conditions
generally ...............................
review ...................•.............
defendant discharged on recognizance or bail,
absence, forfeiture ......................
order, amendment .........................
regulations ...............................
verdict, release after .......................
Process (See Citation and notice to appear;
Service; Subpoenas; Summons; Warrant)
may issue anywhere in state .................
Proof (See Evidence; also Pleadings; also
Service)
Prosecuting attorney
appeal procedure ..........................
defined (See rule JAR 3)
No.
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
4.05
2.07
3.04
l.04
3.06
2.01
3.04
2.05(a)
2.01
JCrR
JCrR
JCrR
4.04
3.07
2.01
JCrR
3.02
JCrR
JCrR
JCrR
4.11
4.11
l.04
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
3.04
5.06
2.04
3.12
I0.01
I0.02
JCrR
JCrR
JCrR
3.02
JCrR
3.06
JCrR
JCrR
4.03
4.03
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
3.06
3.06
3.06
4.02
4.02
5.03
JCrR
JCrR
JCrR
3.06
3.06
3.06
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
4.03
4.03
3.06
3.07
3.04
3.06
5.02
JCrR
JCrR
2.QIJ(c)
2.QIJ(e)
JCrR
JCrR
JCrR
JCrR
2.09(k)
2.QIJ(f)
2.QIJ(a)
2.QIJ(h)
JCrR
3.13
JCrR
6.01
3.06
3.06
(Index to Part V--p 511
Index to Part V
III. Justice Court Criminal Rules (JCrR)----cont.
Rule
disqualification of judge., filing affidavit ....... JCrR
jury selection procedure .................... JCrR
opening statements
challenge by defendant ................... JCrR
length .................................. JCrR
procedure .............................. JCrR
rebuttal testimony, when ................. JCrR
waiver ................................. JCrR
sentence imposed, statement in aggravation of
punishment ............................ JCrR
subpoena
duces tecum, inspection of objects ......... JCrR
showing materiality of testimony before issuance, when ........................ JCrR
witness, procedure ....................... JCrR
warrant, return and cancellation upon request JCrR
witnesses
names filed with court and defendant ...... JCrR
Publication (See Service)
Radio
court proceedings, improper publicizing (See
rule .JAR 4)
Records (See also Records on appeal; also Transcripts on appeal)
citation and notice to appear, failure to obey .. JCrR
mistake, clerical, when corrected ............. JCrR
separate court docket to be kept, contents (See
rule JAR 6)
subpoena duces tecum ..................... JCrR
Records on appeal
contents .................................. JCrR
filing of lower court records with superior
court ................................. JCrR
Rules
contempt, failure of judge to apply rules (See
rule JAR 7)
court, procedure when none prescribed ....... JCrR
criminal rules for justice court, referred to as
JCrR ................................. JCrR
evidence, rules applicable ................... JCrR
local court rules, special, adopting ........... JCrR
scope .................................... JCrR
time, computation of . . . . . . . . . . . . . . . . . . . . . . . ICrR
Search warrant
execution and return with inventory .......... JCrR
issuance
authority ............................... JCrR
contents ................................ JCrR
motion for return of property ............... JCrR
property which may be seized ............... JCrR
Sentences
appeal procedure .......................... JCrR
court determining, imposing ................ JCrR
defendant, disposition pending sentence ...... ICrR
defendant must be present when sentence pronounced, exception ..................... JCrR
judge and clerk, duty upon judgment and sentence, effect of omission ................. JCrR
statement after sentence imposed, mitigating
or aggravating, allowing ................. JCrR
stay of execution, conditions for granting,
pending appeal ......................... JCrR
Service
affidavit, service with motion or application it
supports ............................... JCrR
notice of appeal ........................... JCrR
scope of criminal process ................... JCrR
Sheriff (See also Officers)
subpoena of witnesses ...................... JCrR
State
defined (See rule JAR 3)
offenses against state defined (See rule JAR 3)
Stay, execution, appeal ....................... JCrR
Striking unnecessary allegations in complaint .... JCrR
[Index to Part V--p 52)
Ill. Justice Court Criminal Rules (JCrR)----cont.
No.
8.01
4.07(b)
4.08
4.08
4.08
4.08
4.08
5.03
3.12
3.10
3.10
2.02(d)
Rule
Subpoenas
duces tecum
inspection of objects by parties ............
issuance, when ..........................
production of objects, when ...............
quash or modify, when court may .........
issuance, scope ............................
witnesses
procedure ..............................
showing materiality of proposed testimony,
when ...............................
Summons
citation and notice to appear (See Citation and
notice to appear)
failure to appear on ........................
No.
JCrR
JCrR
JCrR
JCrR
JCrR
3.12
3.12
3.12
3.12
3.13
JCrR
3.10
JCrR
3.10
JCrR
2.02
(b)(J)
forrn ..................................... JCrR
where may issue ........................... JCrR
2.02
(cX2)
3.13
1.04
2'°2
(d)(2)
2.02
where must issue .......................... JCrR
2'°2
3.10
issuance .................................. JCrR
plainly written, typed or printed ............. JCrR
service ................................... JCrR
(b)(l)
2.08
8.03
3.12
6.01
6.01
8.04
10.03
4.09
1.03
1.01
10.01
2.IO(d)
2.10(a)
2.IO(c)
2.lO(e)
2.lO(b)
6:0\
5.03
5.03
5.04
5.05
5.03
6.02
10.02
6.01
3.13
3.10
6.02
2.04
(h)(2)
Superior court
appeal to .................................
bond, appeal
·cash bail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
deposit procedure .......................
forfeiture ...............................
return on dismissal . . . . . . . . . . . . . . . . . . . . . .
stay of execution, condition for ............
cash bail .................................
definition (See rule JAR 3)
dismissal of appeal from lower court, when,
effect .................................
mistake in lower court record, clerical, when
corrected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
records of lower court
filing on appeal .........................
mistakes in record .......................
rules, pleas of not guilty on former conviction
or acquittal, applicability, justice court ....
stay of execution pending appeal to superior
court, conditions in granting .............
transcripts of lower court, filing on appeal ....
Supreme court, contempt of, judges failure to
apply court rules (See rule JAR 7)
Television, court proceedings, improper publicizing (See rule JAR 4)
Testimony
opening statement, rebuttal testimony, when ..
subpoena, showing materiality of testimony
before issuance, when ...................
Time
appeal
notice, filing, exceptions . . . . . . . . . . . . . . . . . .
court ordering period enlarged or permitting
act done after expiration of period, when ..
defense, preparation after complaint amended,
continuance ...........................
opening statement, length ...................
rules for computing ........................
trial
postponement or continuance, how long ....
when held, defendant charged by complaint
Title
criminal rules for justice court referred to as
JCrR .................................
Transcripts on appeal
contents of ...............................
JCrR
6.01
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
6.02
6.03
6.03
6.03
6.02
6.02
JCrR
JCrR
8.03
JCrR
JCrR
6.01
8.03
JCrR
4.03
JCrR
JCrR
6:02
6.01
JCrR
JCrR
3.10
JCrR
6.01
JCrR
10.01
JCrR
JCrR
JCrR
JCrR
4.10
4.08
8.04,
10.01
JCrR
JCrR
3.08
3.07
JCrR
10.03
JCrR
6.01
Index to Part V
III. Justice Court Criminal Rules (JCrR)---COnt.
ID. Justice Court Criminal Rules (JCrR)---cont.
Rule
filing of lower court records with superior
court .................................
Trial
conduct of
discretion of judge, when .................
rules governing ..........................
continuance, when .........................
court without jury, findings .................
RuJe
new, issuance ............................. JCrR
No.
JCrR
6.01
JCrR
JCrR
JCrR
JCrR
JCrR
4.01
4.01
3.08
4.07(c),
5.01
JCrR
JCrR
4.06
4.06
JCrR
JCrR
3.08
3.08
JCrR
JCrR
JCrR
4.07(e)
JCrR
JCrR
4.07(a)
4.07(e)
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
JCrR
law, issues of, court to decide ............... JCrR
municipal ordinances, violation, trial by court JCrR
new trial, setting prior judgment of conviction
aside .................................. JCrR
opening statement
challenging, defendant ................... JCrR
length .................................. JCrR
procedure .............................. JCrR
rebuttal testimony, when ................. JCrR
reserving until close of prosecution case, defendant ............................. JCrR
waiver ................................. JCrR
order of, jury and nonjury cases ............. JCrR
postponement, when ....................... JCrR
verdict signed by jury foreman, returned to
open court ............................. JCrR
when held ................................ JCrR
witnesses, state, name filed with court and defendant ............................... JCrR
Uniform traffic ticket and complaint
citation and notice to conform to ............ JCrR
Verdict
judgment of conviction to state .............. JCrR
release after ............................... JCrR
signed by jury foreman, returned to open court JCrR
Waiver of jury .............................. JCrR
Warrant (See also Specific Warrant)
amendment when .......................... JCrR
4.07(d)
4.07(e)
4.07(a)
4.08
5.02
4.07(a)
4.07(b)
4.08
4.07(a)
4.07(c),
5.01
4.07(d)
4.0'7(c)
defendant's presence
excusable ...............................
mandatory ..............................
dismissal for trial delay
bars further prosecution ..................
effect and exceptions .....................
evidence
judge not to comment on, jury trial ........
rules applicable .........................
facts, court trying in nonjury cases ...........
jury
defendant demanding jury trial ............
facts, trying issues . . . . . . . . . . . . . . . . . . . . . . .
law
court answering juror's questions ........
court's instructions, on .................
number, six or less .......................
order of trial, jury cases ..................
polling after verdict, effect ................
prosecution demanding jury trial ..........
selection procedure ......................
swearing in .............................
waiver by defendant .....................
without, trial by court ....................
arrest
form ................................... JCrR
issuance ................................
summons issuance in lieu of ..............
citation and notice to appear, failure to obey ..
execution .................................
JCrR
JCrR
JCrR
JCrR
failure to appear on ........................ JCrR
plainly written, typed or printed .............
return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Witnesses
attendance when subpoenaed, failure .........
citizens complaints, examination .............
examination by judge on pica of guilty, when
names tiled with court and defendant, state
witnesses ..............................
"oaths" includes affirmations (See rule JAR 3)
subpoena
materiality of proposed testimony, showing
procedure, prosecution or defendant .......
No.
JCrR
JCrR
2.02
(bX3)
1.04
2.02(e)
JCrR
JCrR
JCrR
3.11
2.01
4.02
JCrR
3.10
JCrR
JCrR
3.10
3.10
IV. Justice Court Traffic Rules (JTR)
JTR
No.
2.01
JTR
3.04
JTR
JTR
2.05
2.06(b)
JTR
JTR
2.03
3.03
2.02
2.02,
2.03
2.02
2.02
2.09(h)
JTR
JTR
JTR
charge without arrest ...................... . JTR
complaint and citation, serving defendant .... . JTR
defendant
promise to appear, release from custody ... . ITR
taken before judge or officer ............. . JTR
failure to obey citation, grounds for arrest ... . JTR
warrant
issuance for arrest ...................... . JTR
procedure upon arrest without ............ . JTR
Bail
adjournment of hearing, defendant held until
release on bail ........................ . JTR
cash
depositing ............................. . JTR
receipt for payment ..................... . JTR
citation, reverse side to contain information .. . JTR
defendant, release on bail .................. . JTR
disposal of case .......................... . JTR
failure to deposit upon arrest by warrant .... . JTR
forfeiture
director of motor vehicles treated as conviction by ............................. . JTR
payment of fine, considered as ........... . JTR
JTR
traffic violations bureau, authority to accept
posting on arrest
by warrant ............................ . ITR
5.02
4.07(a)
1TR
without warrant ........................ . JTR
Rule
4.09
4.07(e)
5.06
4.08
4.08
4.08
4.08
4.08
4.08
4.08
3.08
5.02
3.07
3.10
2.01
5.03
2.02
(t)(l)
2.02
(c)(I)
2.02(a)
2.02(b)
2.04
2.02
(d)(l)
2.02
(b)(3)
I
Abbreviations in complaint and citation ....... .
Acquittal, procedure on plea of (See JCrR 4.03)
Amendment of complaint or citation .......... .
Appearance
failure of defendant to appear
generally ...................... · · · · · · · · ·
traffic violations bureau, bail forfeiture .....
Arraignment
bail, on failure to deposit .................. .
criminal rules to govern ................... .
Arrest (See also Citation; also Warrant)
bail
cash ........................ · · · · · · · · · · ·
defendant may post ..................... .
release of defendant upon deposit ........... .
schedules ................................ .
traffic violations bureau
authority to accept bail, procedure ........ .
forfeiture, consequences, notice ........... .
Breathalyzer
continuation ............................. .
maintenance operator, testimony, machine
certification ........................... .
Cases
closing subject to reopening, nonappearance ..
disposal of, proper ........................ .
trial separate and apart from other cases ..... .
2.02
2.02
2.05
2.02
2.03(b)
3.0l(e)
2.03(d)
2.03(e)
2.01
2.03(e)
2.04(b)
2.03(c)
2.06(b)
2.06(b)
2.06(b)
ITR
JTR
2.02,
2.03(c)
2.03
2.03(e)
2.03
JTR
JTR
2.06(b)
2.06(b)
JTR
3.05(b)
JTR
3.05(a)
ITR
JTR
ITR
2.05
2.04(b)
3.01
!Index to Part V---p 53)
Index to Part V
IV. Justice Court Traffic Rules (JTR}---<:ont.
IV. Justice Court Traffic Rules (JTR)---cont.
Rule
Certificate, by citing officer as part of complaint
Citation
abbreviations authorized ................... .
amendment permitted by court ............. .
deposit with
court ................................. .
traffic violations bureau ................. .
disposition, record of, traffic enforcement
agency ............................... .
electronic data processing equipment, use, effect on format of citation ............... .
failure to obey, effect ..................... .
form and contents ........................ .
improper disposal, unlawful act ............. .
return of citation to traffic enforcement agency, spoiled or not issued ................ .
reverse side, contents, bail information ...... .
service of ................................ .
Cities
traffic violations bureau, supervising establishment ................................. .
Clerk, transfer of documents to by violations bureau ................................... .
Complaints
abbreviations used in ..................... .
a~endment permitted by court ............. .
citizens, by .............................. .
deposit with court ........................ .
disposal of case on deposit of complaint with
court ................................ .
disposition, record of ...................... .
docket, what constitutes ................... .
electronic data processing equipment, use, effect on format ......................... .
failure to appear and answer, effect ......... .
form and content ......................... .
improper disposal, unlawful act ............. .
objections as to validity or regularity to be
made before trial ...................... .
officer's certificate ........................ .
reverse side, record of court action .......... .
service of ................................ .
spoiled or unissued, return of .............. .
violations to be prosecuted by complaint only
Copies of complaints and citations, unlawful disposition ................................ .
Courts
adjournment, defendant may be held until release on bail .......................... .
appearance of defendant after written promise
to appear, failure ...................... .
arrest
nonresident for failure to appear .......... .
resident defendant who fails to appear .... .
bail
adjournment of hearing, defendant held until release on bail .................... .
cash
depositing ........................... .
receipt for payment ................... .
citation, reverse side to contain information
discharge of defendant .................. .
disposal of traffic cases, proper ........... .
failure to deposit upon arrest by warrant .. .
forfeiture
payment of fine, considered as ......... .
treated as a conviction by director of motor vehicles, notice ................. .
posting upon arrest
by warrant .......................... .
JTR
No.
2.01
JTR
JTR
2.01
3.04
JTR
2.04(a)
2.04(a)
JTR
JTR
2.04(d)
JTR
JTR
JTR
JTR
2.01
2.05
2.01
2.04(c)
JTR
JTR
JTR
2.04(d)
2.01
2.02
JTR
2.06(a)
JTR
2.06(c)
JTR
JTR
JTR
JTR
2.01
3.04
2.01
2.04(a) '
JTR
JTR
JTR
2.04(b)
2.04(d)
2.01
JTR
JTR
JTR
JTR
2.01
2.05
2.01
2.04(c)
JTR
JTR
JTR
JTR
JTR
JTR
3.0I(f)
2.01
2.01
2.02
2.04(d)
2.02
JTR
2.04(c)
JTR
3.0I(e)
ITR
2.05
JTR
JTR
2.06(b)
2.05(a)
JTR
3.0l(e)
JTR
JTR
JTR
JTR
JTR
JTR
2.03(d)
2.03(e)
2.01
2.03(e)
2.04(b)
2.03(c)
JTR
2.06(b)
JTR
2.06(b)
JTR
JTR
without warrant ...................... . ITR
release upon deposit .................... . ITR
2.02,
2.03(c)
2.03
2.03(e)
schedules
llndex to Part V--p 541
Rule
displaying ........................... .
filing copies .......................... .
fixed by judge ........................ .
closing case subject to reopening, nonappearance of defendant ..................... .
complaint
amending ............................. .
depositing ............................. .
reverse side, record of action ............. .
defendant's promise to appear in court, release
from custody ......................... .
disposal of cases, proper ................... .
docket, complaint to constitute, when ....... .
failure of nonresident to appear, subsequent
mailing of notice ...................... .
local court rules, special, adoption .......... .
nonappearance of defendant after written
promise to appear ..................... .
records, reverse side of abstract, information
for director of motor vehicles ........... .
special local court rules, adopting ........... .
traffic cases
defining ............................... .
setting for a particular time when no traffic
session or division ................... .
traffic division alone shall try, when ....... .
traffic session alone shall try, when ........ .
traffic violations bureau
granting authority to .................... .
supervising establishment ................ .
transfer of certain documents ............ .
trial for traffic cases ....................... .
warrant, nonexecution, effect, issued for failure
to obey citation ....................... .
Criminal rules, adoption by reference ......... .
Defendants
adjournment of hearing, defendant held until
release on bail ........................ .
appearance, failure, written promise to appear
arrest
complaint and citation, service ........... .
defendant taken before judge or officer .... .
failure to obey citation .................. .
nonresident, failure to appear, issuing warrant ............................... .
without warrant, procedure followed ...... .
bail
adjournment of hearing, defendant held until release on bail .................... .
cash
depositing ........................... .
receipt for payment ................... .
citation, reverse side to contain information
failure to deposit upon arrest by warrant ...
forfeiture
payment of fine, considered as ......... .
traffic violations bureau, authority to accept ............................. .
treated as conviction by director of motor
vehicles, notice .................... .
posting upon arrest
by warrant .......................... .
2.0J(a)
2.0J(a)
2.0J(a)
JTR
2.05
JTR
JTR
3.04
2.04(a)
2.01
ITR
JTR
JTR
2.02
2.04(b)
2.01
JTR
JTR
2.05(b)
1.03
JTR
2.05
JTR
JTR
2.01
1.03
JTR
\.04
JTR
JTR
JTR
3.0l(d)
3.0l(b)
3.0l(c)
JTR
JTR
ITR
JTR
2.06(b)
2.06(a)
2.06(c)
3.0l(a)
JTR
2.05(a)
3.03
JTR
JTR
JTR
JTR
ITR
JTR
JTR
3.0l(e)
2.05
2.02
2.02
2.05(a)
JTR
2.06(b)
2.03(b)
JTR
3.0I(e)
JTR
JTR
JTR
JTR
2.03(d)
2.03(e)
2.01
2.03(c)
JTR
2.06(b)
JTR
2.06(b)
JTR
2.06(b)
JTR
2.02,
2.03(c)
2.03
2.03(e)
JTR
JTR
without warrant ...................... . JTR
release upon deposit, defendant .......... . JTR
traffic violations bureau, consequences of
forfeiture, issuing notice .............. .
citation, amendment ...................... .
citation, failure to obey arrest .............. .
failure
to appear after written promise to do so, effect ................................ .
to obey citation, effect .................. .
promise to appear to answer charges
No.
JTR
JTR
JTR
JTR
JTR
JTR
2.06(b)
3.04
2;05(a)
JTR
JTR
2.05
2.05
Index to Part V
IV. Justice Court Traffic Rules (.ITR)--cont.
IV. Justice Court Traffic Rules (JTR)-----cont.
Rule
failure, effect ........................... . JTR
release from custody .................... . JTR
Definitions (See also rule JAR 3)
JTR
"motor vehicles", referenced to Title 46 RCW
"nonmoving traffic offense" ................ . JTR
"traffic case" ............................. . JTR
"traffic offense" .......................... . JTR
Director of motor vehicles
court abstract, reverse side to inform of disposition of complaint ..................... . JTR
forfeiture of bail to be treated as conviction,
notice ................................ . JTR
traffic violations bureau to transfer documents
to ................................... . JTR
Dockets (See also rule JAR 6)
complaints, front and reverse side to constitute JTR
Effective date of rules ....................... . JTR
Electronic data processing equipment ......... . JTR
Execution, nonexecution of warrant of arrest ... . JTR
Filing bail schedules, copies .................. . JTR
Fine
bail forfeiture considered payment .......... . !TR
disposal of traffic cases .................... . JTR
Forfeiture, bail
conviction, treated as by director of motor vehicles ................................ . JTR
tine, payment of considered as ............. . JTR
traffic violations bureau, authority to accept .. . JTR
Former acquittal or conviction, procedure on
plea of (See JCrR 4.03)
Judges
defendant brought before .................. . JTR
traffic violations bureau, creation by ........ . JTR
Misdemeanor, nonresident failing to appear .... . JTR
"Nonmoving traffic offense", defined .......... . JTR
Not guilty, procedure on plea of (See JCrR 4.03)
Notices
bail
forfeiture, consequences of, traffic violations
bureau ............................. . JTR
forfeiture to be treated as conviction ...... . JTR
nonresident failing to appear, request for appearance and informing of penalty ....... . JTR
trial date, issuing notice, traffic violations bureau ................................. . JTR
Objection to complaint or process to be made
before trial ............................. . JTR
Officers
chief of traffic enforcement agency, duties .... JTR
complaint and citation
certificate to accompany ................. . JTR
deposit of ............................. . JTR
record of disposition to be kept ........... . JTR
report, reverse side of traffic record may
contain ............................. . JTR
spoiled or not issued, duty concerning ..... . JTR
Orders
bail schedule, establishing ................. . JTR
traffic violations bureau, granting authority to
JTR
Pleadings
complaint (See Complaint)
plea of not guilty, or former acquittal or conviction, procedure (See JCrR 4.03)
Receipts, cash bail, depositing ................ . JTR
Records
court record abstract, reverse side, contents
JTR
police, reverse side may contain report ...... . JTR
Release of defendant on promise to appear .... . JTR
Residents, failure to obey citation, effect ....... . JTR
Rules
criminal rules, applicability of .............. . JTR
effective date ............................. . JTR
local court rules .......................... . JTR
purpose and construction .................. . JTR
Rule
No.
2.05(a)
2.02
1.04
1.04
1.04
1.04
2.01
2.06(b)
2.06(c)
2.01
10.02
2.01
2.0S(a)
2.03(a)
2.Q6(b)
2.04(b)
2.06(b)
2.06(b)
2.06(b)
2.02
2.06(a)
2.0S(b)
1.04
2.06(b)
2.06(b)
2.0S(b)
2.06(b)
3.0l(f)
2.04(d)
2.0\
2.04(a)
2.04(d)
2.01
2.04(d)
2.03(a)
2.06(b)
2.03(d)
2.01
2.01
2.02
2.05(a)
3.03
10.02
1.03
1.02
reference to as JTR . . . . . . . . . . . . . . . . . . . . . . . . JTR
scope .................................... JTR
Service, complaint and citation . . . . . . . . . . . . . . . . JTR
Time
complaint and citation, depositing . . . . . . . . . . . JTR
effective date of rules . . . . . . . . . . . . . . . . . . . . . . ITR
traffic cases to be set for particular time when
no traffic session or division . . . . . . . . . . . . . . JTR
Title
traffic rules for justice court referred to as JTR
Towns, traffic violations bureau, supervising establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
"Traffic case'' defined . . . . . . . . . . . . . . . . . . . . . . . .
"Traffic offense" defined . . . . . . . . . . . . . . . . . . . . . .
Traffic violations bureau
appearance of defendant, failure . . . . . . . . . . . . .
authority dependent upon court order . . . . . . . .
2.04(a)
10.02
3.0l(d)
JTR
10.01
JTR
JTR
JTR
2.06(a)
JTR
JTR
bail
authority to accept . . . . . . . . . . . . . . . . . . . . . . . JTR
deposit with . . . . . . . . . . . . . . . . . . . . . . . . . . . . JTR
JTR
forfeiture
authority to accept . . . . . . . . . . . . . . . . . . . . .
consequence of forfeiture, issuing notice . .
considered payment of fine . . . . . . . . . . . . .
treated as a conviction, issuing notice
citation
depositing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
failure to obey, effect . . . . . . . . . . . . . . . . . . . .
complaint, depositing . . . . . . . . . . . . . . . . . . . . . .
disposal of traffic cases, proper . . . . . . . . . . . . . .
duties, transfer of certain documents to authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
establishing, procedure . . . . . . . . . . . . . . . . . . . . .
trial date, issuing notice . . . . . . . . . . . . . . . . . . . .
Trial
adjournment, defendant may be held until release on bail . . . . . . . . . . . . . . . . . . . . . . . . . . .
cases to be set for particular time when no
traffic session or division . . . . . . . . . . . . . . . .
continuance when complaint or citation is
amended, when . . . . . . . . . . . . . . . . . . . . . . . .
date, issuing notice, traffic violations bureau . . .
disposal of traffic cases, proper . . . . . . . . . . . . . .
objections as to regularity of complaint or
process must be made before trial . . . . . . . .
rules governing traffic cases . . . . . . . . . . . . . . . . .
traffic division alone shall try traffic cases,
when .................................
traffic session alone shall try traffic cases . . . . . .
Warrant (See also Arrest; also Citation)
arrest
issuance of warrant . . . . . . . . . . . . . . . . . . . . . .
nonresident failing to appear . . . . . . . . . . . . . .
resident failing to appear . . . . . . . . . . . . . . . . .
without warrant . . . . . . . . . . . . . . . . . . . . . . . . .
nonexecution within thirty days, effect . . . . . . . .
regularity, objection to be made before trial . . .
No.
10.01
1.01
2.02
1.04
1.04
2.06
2.06(b)
2.06(b)
2.02,
2.03
JTR
2.06(b)
JTR
2.06(b)
JTR
JTR
2.06(b)
ITR
JTR
JTR
JTR
2.04(a)
2.05
2.04(a)
2.04(b)
JTR
JTR
2.06(c)
2.06(a)
2.06(b)
JTR
3.0l(e)
JTR
3.0l(d)
JTR
3.04
JTR
JTR
2.06(b)
JTR
JTR
3.0l(f)
3.03
JTR
JTR
3.0l(b)
3.0l(c)
JTR
JTR
JTR
2.02
2.05(b)
2.0S(a)
2.03(b)
2.05(a)
3.01
JTR
JTR
JTR
JTR
2.06(b)
2.04(b)
(Index to Part V----tt 551
Disclaimer: These codes may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
