title: Alternative Less Restrictive Treatment

text: CCR 1.4 ALTERNATIVE LESS RESTRICTIVE TREATMENT [RESERVED.] [Adopted effective January 1, 1974; Amended effective July 1, 1974; January 1, 1981; Amended effective October 31, 2023.]

citation: CCR CCR 1.4

rule_number: CCR 1.4


doc_type: court-rule

jurisdiction: wa

title: Summons

text: 2. Proceedings for Initial Detention CCR 2.1 SUMMONS [RESERVED.] [Adopted effective January 1, 1974; Amended effective January 1, 1981., Amended effective October 31, 2023]

license: public-domain-government-work

citation: CCR CCR 2.1

rule_set: CCR

rule_number: CCR 2.1


title: Authorization and Notice of Detention

text: CCR 2.2 AUTHORIZATION AND NOTICE OF DETENTION [RESERVED.] [Adopted effective January 1. 1974; Amended effective July 1, 1974; January 1, 1981; Amended effective October 31, 2023.]

citation: CCR CCR 2.2

rule_number: CCR 2.2


title: Notice of Emergency Detention

text: CCR 2.2A NOTICE OF EMERGENCY DETENTION [RESERVED.] [Adopted effective July 1, 1974; Amended effective July 1, 1974; January 1, 1981; Amended effective October 31, 2023.]

citation: CCR CCR 2.2A

rule_number: CCR 2.2A


title: Right To Copy Court Files

text: CCR 2.3 RIGHT TO COPY COURT FILES [RESERVED.] [Adopted effective January 1, 1974; Amended effective October 31, 2023.]

citation: CCR CCR 2.3

rule_number: CCR 2.3


title: Probable Cause Hearing

text: CCR 2.4 PROBABLE CAUSE HEARING [RESERVED.] [Adopted effective January 1, 1974; Amended effective January 1, 1981; Amended effective October 31, 2023.]

citation: CCR CCR 2.4

rule_number: CCR 2.4


title: Rescinded

text: CCR 2.5 [Rescinded. See RCW 71.34.] [Adopted effective January 1, 1974; Amended effective July 1, 1974; Rescinded effective December 19, 1986; Amended effective October 31, 2023.]

citation: CCR CCR 2.5

rule_number: CCR 2.5


title: First Court Appearance

text: CCR 3.1 FIRST COURT APPEARANCE [RESERVED.] [Adopted effective January 1, 1974; Amended effective October 31, 2023.]

citation: CCR CCR 3.1

rule_number: CCR 3.1


title: Preliminary Appearance

text: CCR 3.2 PRELIMINARY APPEARANCE [RESERVED.] [Adopted effective January 1, 1974; Amended effective October 31, 2023.]

citation: CCR CCR 3.2

rule_number: CCR 3.2


title: Jury Demand

text: CCR 3.3 JURY DEMAND Within two (2) judicial days after the person detained is advised one the record of the right to a jury trial, the person detained may demand a trial by jury in the hearing on the petition for 90-day or 180-day detention by serving upon the prosecuting attorney a demand therefor in writing and 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 12, it shall be tried by a jury of 6 members, with concurrence of 5 being required to reach a verdict. [Adopted effective January 1, 1974; Amended effective October 31, 2023.]

citation: CCR CCR 3.3

rule_number: CCR 3.3


title: Hearing

text: CCR 3.4 HEARING (a) Procedure. The hearing shall be proceeded with as in any other civil action. (b) Findings and Conclusions. Unless the matter is 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 include, as relevant, findings regarding whether: (1) The respondent has a behavioral health disorder, mental disorder, substance use disorder, and/or a co-occurring mental disorder and substance use disorder; (2) The respondent is gravely disabled as a result of the behavioral health disorder; (3) The respondent, after having been taken into custody for evaluation and treatment, or during the current period of court ordered treatment, threatened, attempted, or inflicted physical harm upon self or another, or substantial damage upon the property of another; 1186 RULES OF COURT (4) The respondent, as a result of the behavioral health disorder, presents or continues to present a likelihood of serious harm to self or others or the property of others; (5) The respondent was taken into custody as a result of conduct in which the respondent attempted or inflicted physical harm upon self or the person of another, or substantial damage upon the property of another; (6) Criminal charges against the respondent have been dismissed due to a finding of incompetence, the respondent has been determined to be incompetent, and the respondent committed acts constituting a felony; (7) The respondent, as a result of the behavioral health disorder, presents a substantial likelihood of repeating similar acts; and (8) The petitioner has proved that less restrictive treatment will not serve the best interest of the respondent or others. [Adopted effective January 1, 1974; Amended effective October 31, 2023.]

citation: CCR CCR 3.4

rule_number: CCR 3.4


title: Notice of Restrictions

text:
CCR 3.5 NOTICE OF RESTRICTIONS [RESERVED.]

[Adopted effective December 1, 2009; Amended effective October 31, 2023.]

citation: CCR CCR 3.5

rule_number: CCR 3.5


title: Notice of Conditions

text: CCR 4.1 NOTICE OF CONDITIONS [RESERVED.] [Adopted effective January 1, 1974; Amended effective October 31, 2023.]

citation: CCR CCR 4.1

rule_number: CCR 4.1


title: Authorization for Apprehension and Detention

text: CCR 4.2 AUTHORIZATION FOR APPREHENSION AND DETENTION [RESERVED.] [Adopted effective January 1, 1974; Amended effective July 1, 1974; January 1, 1981; Amended effective October 31, 2023.]

citation: CCR CCR 4.2

rule_number: CCR 4.2


title: Petition and Order of Apprehension and Detention--Service

text: CCR 4.3 PETITION AND ORDER OF APPREHENSION AND DETENTION--SERVICE [RESERVED.] [Adopted effective January 1, 1974; Amended effective July 1, 1974; Amended effective October 31, 2023.]

citation: CCR CCR 4.3

rule_number: CCR 4.3


title: Petition for Initial Detention

text: CCR 4.4 PETITION FOR INITIAL DETENTION [RESERVED.] [Adopted effective January 1, 1974; Amended effective January 1, 1981; Amended effective October 31, 2023.]

citation: CCR CCR 4.4

rule_number: CCR 4.4


title: Burden of Proof

text: CCR 4.5 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 or less restrictive alternative treatment, 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 or less restrictive alternative treatment, that the terms of such release or treatment should not be modified, and that the person should be returned to inpatient treatment. [Adopted effective January 1. 1974; Amended effective January 1, 1981; Amended effective October 31, 2023.]

citation: CCR CCR 4.5

rule_number: CCR 4.5


title: General

text: CCR 5.1 GENERAL [RESERVED.] [Adopted effective January 1, 1974; Amended effective July 1, 1974; Amended effective October 31, 2023.]

citation: CCR CCR 5.1

rule_number: CCR 5.1


title: Conditional Release Hearing

text: CCR 5.2 CONDITIONAL RELEASE HEARING [RESERVED.] [Adopted effective January 1, 1974; Amended effective October 31, 2023.]

citation: CCR CCR 5.2

rule_number: CCR 5.2


title: Release of Records

text: CCR 5.3 RELEASE OF RECORDS [RESERVED.] [Adopted effective January 1, 1974; Amended effective October 31, 2023.]

citation: CCR CCR 5.3

rule_number: CCR 5.3


title: Reserved

text: CCR 5.4 [RESERVED.] [Adopted effective January 1, 1974; Amended effective July 1, 1974; Amended effective October 31, 2023.]

citation: CCR CCR 5.4

rule_number: CCR 5.4


title: Petition for Initial Detention

text: CCR 6.1 PETITION FOR INITIAL DETENTION [RESERVED.] [Adopted effective January 1, 1974; Amended effective January 1, 1981; Amended effective October 31, 2023.]

citation: CCR CCR 6.1

rule_number: CCR 6.1


title: Petition for Initial Detention of a Minor

text: CCR 6.1A PETITION FOR INITIAL DETENTION OF A MINOR [RESERVED.] [Adopted effective July 1, 1974; Amended effective July 1, 1974; December 19, 1986; July 31, 1987; Amended effective October 31, 2023.]

citation: CCR CCR 6.1A

rule_number: CCR 6.1A


title: Petition for Fourteen-Day Involuntary Treatment

text: CCR 6.2 PETITION FOR FOURTEEN-DAY INVOLUNTARY TREATMENT [RESERVED.] [Adopted effective January 1, 1974; Amended effective July 1, 1974; January 1, 1976; January 1, 1981; Amended effective October 31, 2023.]

citation: CCR CCR 6.2

rule_number: CCR 6.2


title: Petition for Fourteen-Day Commitment of Minors

text: CCR 6.2A PETITION FOR FOURTEEN-DAY COMMITMENT OF MINORS [RESERVED.] [Adopted effective January 1, 1974; Amended effective July 1, 1987; Amended effective October 31, 2023.]

citation: CCR CCR 6.2A

rule_number: CCR 6.2A


title: Petition for Ninety-Day Involuntary Treatment

text: CCR 6.3 PETITION FOR NINETY-DAY INVOLUNTARY TREATMENT [RESERVED.] [Adopted effective January 1, 1974; Amended effective July1, 1974; January 1, 1976; January 1, 1981; Amended effective October 31, 2023.]

citation: CCR CCR 6.3

rule_number: CCR 6.3


title: Petition for One Hundred Eighty-Day Involuntary Treatment

text: CCR 6.4 PETITION FOR ONE HUNDRED EIGHTY-DAY INVOLUNTARY TREATMENT [RESERVED.] [Adopted effective January 1, 1974; Amended effective July 1, 1974; January 1, 1976; January 1, 1981; Amended effective October 31, 2023.]

citation: CCR CCR 6.4

rule_number: CCR 6.4


title: Petition for One Hundred Eighty-Day Involuntary Treatment of a Minor

text: CCR 6.4A PETITION FOR ONE HUNDRED EIGHTY-DAY INVOLUNTARY TREATMENT OF A MINOR [RESERVED.] [Adopted effective January 1, 1974; Amended effective July 31, 1987; Amended effective October 31, 2023.]

citation: CCR CCR 6.4A

rule_number: CCR 6.4A


title: Petition for Revocation of Conditional Release or Less Restrictive Treatment

text: CCR 6.5 PETITION FOR REVOCATION OF CONDITIONAL RELEASE OR LESS RESTRICTIVE TREATMENT [RESERVED.] [Adopted effective January 1, 1974; Amended effective July 1, 1974; January 1, 1981; Amended effective October 31, 2023.]

citation: CCR CCR 6.5

rule_number: CCR 6.5


title: Petition for Revocation of Conditional Release or Less Restrictive Treatment of a Minor

text: CCR 6.5A PETITION FOR REVOCATION OF CONDITIONAL RELEASE OR LESS RESTRICTIVE TREATMENT OF A MINOR [RESERVED.] [Adopted effective January 1, 1974; Amended effective July 31, 1987; Amended effective October 31, 2023.]

citation: CCR CCR 6.5A

rule_number: CCR 6.5A


title: Scope of Rules

text: CR 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 and administered to secure the just, speedy, and inexpensive determination of every action. To this end, proceedings held by remote means are permitted. [Adopted effective July 1, 1967; Amended effective September 1, 2005; July 9, 2024.]

citation: CR CR 1

rule_set: CR

rule_number: CR 1


title: One Form of Action

text: CR 2 ONE FORM OF ACTION There shall be one form of action to be known as "civil action." [Adopted effective July 1, 1967.]

citation: CR CR 2

rule_number: CR 2


title: Stipulations

text: CR 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 shall have been made and assented to in open court on the record, or entered in the minutes, or unless the evidence thereof shall be in writing and subscribed by the attorneys denying the same. [Adopted effective July 1, 1967; Amended effective September 1, 1989.]

citation: CR CR 2A

rule_number: CR 2A


title: Commencement of Action

text: CR 3 COMMENCEMENT OF ACTION (a) Methods. Except as provided in rule 4.1, a civil action is commenced by service of a copy of a summons together with a copy of a complaint, as provided in rule 4 or by filing a complaint. Upon written demand by any other party, the plaintiff instituting the action shall pay the filing fee and file the summons and complaint within 14 days after service of the demand or the service shall be void. An action shall not be deemed commenced for the purpose of tolling any statute of limitations except as provided in RCW 4.16.170. (b) Tolling Statute. [Reserved. See RCW 4.16.170.] (c) Obtaining Jurisdiction. [Reserved. See RCW 4.28.020.] (d) Lis Pendens. [Reserved. See RCW 4.28.320 and 4.28.160.] (e) Debt Collection. No debtor shall be served with a summons and complaint unless the summons and complaint have been filed with the court and bear the case number assigned by the court. [Reserved. See RCW 19.16.250.] [Adopted effective July 1, 1967; Amended effective July 1, 1972; September 1, 1978; July 28, 2020.]

citation: CR CR 3

rule_number: CR 3


title: Process

text:
CR 4 PROCESS (a) Summons--Issuance. (1) The summons must be signed and dated by the plaintiff or the plaintiff’s attorney, and directed to the defendant requiring the defendant to defend the action and to serve a copy of the defendant’s appearance or defense on the person whose name is signed on the summons. (2) Unless a statute or rule provides for a different time requirement, the summons shall require the defendant to serve a copy of the defendant’s defense within 20 days after the service of summons, exclusive of the day of service. If a statute or rule other than this rule provides for a different time to serve a defense, that time shall be stated in the summons. (3) A notice of appearance, if made, shall be in writing, shall be signed by the defendant or the defendant’s attorney, and shall be served upon the person whose name is signed on the summons. In condemnation cases a notice of appearance only shall be served on the person whose name is signed on the petition. (4) 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. (b) Summons. (1) Contents. The summons for personal service shall contain: (i) 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; (ii) a direction to the defendant summoning the defendant to serve a copy of the defendant’s defense within a time stated in the summons; (iii) a notice that, in case of failure so to do, judgment will be rendered against the defendant by default. It shall be signed and dated by the plaintiff, or the plaintiff’s attorney, with the addition of the plaintiff’s post office address, at which the papers in the action may be served on the plaintiff by mail. (2) Form. Except in condemnation cases, and except as provided in rule 4.1, the summons for personal service in the state shall be substantially in the following form: SUPERIOR COURT OF WASHINGTON FOR (_______________) COUNTY

_______________________, Plaintiff, v. _______________________, Defendant.

) ) ) ) )

No. ______ SUMMONS (20 days)

TO THE DEFENDANT: A lawsuit has been started against you in the above entitled court by _______________, plaintiff. Plaintiff's claim is stated in the written complaint, a copy of which is served upon you with this summons.

In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and by serving a copy upon the person signing this summons within 20 days after the service of this summons, excluding the day of service, or a default judgment may be entered against you without notice. A default judgment is one where plaintiff is entitled to what she or he asks for because you have not responded. If you serve a notice of appearance on the undersigned person, you are entitled to notice before a default judgment may be entered. You may demand that the plaintiff file this lawsuit with the court. If you do so, the demand must be in writing and must be served upon the person signing this summons. Within 14 days after you serve the demand, the plaintiff must file this lawsuit with the court, or the service on you of this summons and complaint will be void. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time. This summons is issued pursuant to rule 4 of the Superior Court Civil Rules of the State of Washington. (signed) Print or Type Name ( ) Plaintiff ( ) Plaintiff's Attorney P. O. Address Dated Telephone Number (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 the sheriff’s deputy, or by any person over 18 years of age who is competent to be a witness in the action, other than a party. Subpoenas may be served as provided in rule 45. (d) Service. (1) Of Summons and Complaint. The summons and complaint shall be served together. (2) Personal in State. Personal service of summons and other process shall be as provided in RCW 4.28.080-.090, 23B.05.040, 23B.15.100, 46.64.040, and 48.05.200 and .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 and .110, 13.34.080, and 26.33.310, and other statutes which provide for service by publication. (4) Alternative to Service by Publication. In circumstances justifying service by publication, if the serving party files an affidavit stating facts from which the court determines that service by mail is just as likely to give actual notice as service by publication, the court may order that service be made by any person over 18 years of age, who is competent to be a witness, other than a party, by mailing copies of the summons and other process to the party to be served at the party’s last known address or any other address determined by the court to be appropriate. Two copies shall be mailed, postage prepaid, one by ordinary first class mail and the other by a form of mail requiring a signed receipt showing when and to whom it was delivered. The envelopes must bear the return address of the sender. The summons shall contain the date it was deposited in the mail and shall require the defendant to appear and answer the complaint within 90 days from the date of mailing. Service under this subsection has the same jurisdictional effect as service by publication.

(5) Appearance. A voluntary appearance of a defendant does not preclude the defendant’s right to challenge lack of jurisdiction over the defendant’s person, insufficiency of process, or insufficiency of service of process pursuant to rule 12(b). (e) Other Service. (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. Although rule 4 does not generally apply to personal service out of state, the prescribed form of summons may, with the modifications required by statute, be used for that purpose. 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) Nonresident Motorists. (Reserved. See RCW 46.64.040.) (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 as provided in rule 45 and RCW 5.56.010. (g) Return of Service. Proof of service shall be as follows: (1) If served by the sheriff or the sheriff’s deputy, the return of the sheriff or the sheriff’s deputy endorsed upon or attached to the summons; (2) If served by any other person, the person’s affidavit of service endorsed upon or attached to the summons; or (3) If served by publication, the affidavit of the publisher, supervisor, principal clerk, or business manager of the newspaper showing the same, together with a printed copy of the summons as published; or (4) If served as provided in subsection (d)(4), the affidavit of the serving party stating that copies of the summons and other process were sent by mail in accordance with the rule and directions by the court, and stating to whom, and when, the envelopes were mailed. (5) The written acceptance or admission of the defendant, the defendant’s agent or attorney; (6) In case of personal service out of the 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. (7) 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. (h) 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. (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 the 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 or a letter of request; or (C) upon an individual, by delivery to the party 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) pursuant to the means and terms of any applicable treaty or convention; or (F) by diplomatic or consular officers when authorized by the United States Department of State; or (G) as directed by order of the court. Service under (C) or (G) above may be made by any person who is not a party and is not less than 21 years of age or who is designated by order of the court or by the foreign court. The method for service of process in a foreign country must comply with applicable treaties, if any, and must be reasonably calculated, under all the circumstances, to give actual notice. (2) Return. Proof of service may be made as prescribed by section (g) of this rule, or by the law of the foreign country, or by a method provided in any applicable treaty or convention, or by order of the court. When service is made pursuant to subsection (1)(D) of this section, proof of service shall include a receipt signed by the addressee or other evidence of delivery to the addressee satisfactory to the court. (j) Other Process. These rules do not exclude the use of other forms of process authorized by law. [Adopted effective July 1, 1967; Amended effective January 1, 1972; July 1, 1977; September 1, 1978; July 1, 1980; September 1, 1985; September 1, 1989; September 1, 1993; September 1, 1994; April 28, 2015.]

citation: CR CR 4

rule_number: CR 4


title: Process--Domestic Relations Actions

text:
RULE 4.1 PROCESS--DOMESTIC RELATIONS ACTIONS (a) Summons--General. Actions authorized by RCW 26.09 shall be commenced by filing a petition or by service of a copy of a summons together with a copy of the petition on respondent as provided in rule 4. Upon written demand by the respondent, the petitioner shall pay the filing fee and file the summons and petition within 14 days after service of the demand or the service shall be void. No summons is necessary if both spouses sign a joint petition or if the respondent files a written joinder in the proceeding. (b) Summons--Content, Form. (1) Content. The summons shall contain the title of the action, the name of the county and the court in which the action is brought, the names of the parties, as petitioner and respondent, a direction to the respondent to serve a copy of his or her response on the person who has signed the summons, the time limit within which the copy of the response must be served, notice that failure to serve a copy of the response within the stated time may result in a judgment by default, the signature and address of the petitioner or petitioner's attorney, and the date. (2) Form. The summons for personal service in the state in an action for dissolution of marriage shall be substantially in the form below. The summons for personal service in the state in any other action authorized by RCW 26.09 should be adapted from this form. The summons for personal service out of state should be adapted from this form and must include the modifications required by statute. See RCW 4.28.180. SUPERIOR COURT OF WASHINGTON FOR (_______________) COUNTY In the Matter of the Marriage of ______________________, Petitioner, and ______________________, ) Respondent.

) ) ) ) )

No. ______

SUMMONS FOR ) DISSOLUTION OF MARRIAGE

TO THE RESPONDENT: The petitioner has started an action in the above court requesting that your marriage be dissolved. Additional requests, if any, are stated in the petition, a copy of which is attached to this summons. You must respond to this summons and petition by serving a copy of your written response on the person signing this summons. If you do not serve your written response within 20 days after the date this summons was served on you, exclusive of the day of service, the court may enter an order of default against you, and at the end of 90 days after service and filing, the court may, without further notice to you, enter a decree dissolving your marriage and approving or providing for other relief requested in the petition. If you serve a notice of appearance on the undersigned person, you are entitled to notice before an order of default or a decree may be entered. You may demand that the petitioner file this action with the court. If you do so, the demand must be in writing and must be served upon the person signing this summons. Within 14 days after you serve the demand, the petitioner must file this action with the court, or the service on you of this summons and petition will be void. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time.

One method of serving a copy of your response on the petitioner is to send it by certified mail with return receipt requested. This summons is issued pursuant to rule 4.1 of the Superior Court Civil Rules of the State of Washington. Dated ________________________

(signed) __________________________ __________________________________ Print or Type Name

SERVE A COPY OF YOUR RESPONSE ON: ( ) Petitioner ( ) Petitioner's Attorney ________________________________________ Address ________________________________________ ___________________,WA _________________ (city) (zip) [Adopted effective July 1, 1967; Amended effective September 1, 1978; July 1, 1980; September 1, 1989.]

citation: CR CR 4.1


title: Process - Limited Representation

text: CR 4.2 PROCESS–LIMITED REPRESENTATION (a) An attorney may undertake to provide limited representation in accordance with RPC 1.2 to a person involved in a court proceeding. (b) Providing limited representation of a person under these rules shall not constitute an entry of appearance by the attorney for purposes of CR 5(b) and does not authorize or require the service or delivery of pleadings, papers or other documents upon the attorney under CR 5(b). Representation of the person by the attorney at any proceeding before a judge, magistrate, or other judicial officer on behalf of the person constitutes an entry of appearance pursuant to RCW 4.28.210 and CR 4(a)(3), except to the extent that a limited notice of appearance as provided for under CR 70.1 is filed and served prior to or simultaneous with the actual appearance. The attorney’s violation of this Rule may subject the attorney to the sanctions provided in CR 11(a). [Adopted effective October 29, 2002.]

citation: CR CR 4.2


title: Service and Filing of Pleadings and Other Papers

text:
CR 5 SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS (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. (b) Service--How Made. (1) 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 directly upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to the party or the party’s attorney or by mailing it to the party’s or the party’s attorney’s last known address or, if no address is known, filing with the clerk of the court an affidavit of attempt to serve. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at the party’s or the attorney’s office with a 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 the person’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service on an attorney is subject to the restrictions in subsections (b)(4) and (5) of this rule and in rule 71, Withdrawal by Attorneys. (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 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 (here name the person, first name then last name), (plaintiff's) attorney, at (office address or residence), and to (here name the person, first name then last name), an additional (defendant's) attorney (or attorneys) at (office address or residence), postage prepaid, on (date). ___________________________________ (here name the person, first name then last name) Attorney for (Defendant) here name the person, first name then last name

(3) Service on Nonresidents. 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 the party’s residence is known; if not known, on the clerk of the court for the party. Where a party, whether resident or nonresident, 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 no longer resides in the state, the service may be upon the attorney personally either within or without the state, or by mail to the attorney at either the attorney’s place of residence or office, if either is known, and if not known, then by mail upon the party, if the attorney’s residence is known, whether within or without the state. If the residence of neither the party nor the party’s attorney, nor the office address of the attorney is known, an affidavit of the attempt to serve shall be filed with the clerk of the court. (4) Service on Attorney Restricted After Final Judgment. A party, rather than the party's attorney, must be served if the final judgment or decree has been entered and the time for filing an appeal has expired, or if an appeal has been taken (i) after the final judgment or decree upon remand has been entered or (ii) after the mandate has been issued affirming the judgment or decree or disposing of the case in a manner calling for no further action by the trial court. This rule is subject to the exceptions defined in subsection (b)(6). (5) Required Notice to Party. If a party is served under circumstances described in subsection (b)(4), the paper shall (i) include a notice to the party of the right to file written opposition or a response, the time within which such opposition or response must be filed, and the place where it must be filed; (ii) state that failure to respond may result in the requested relief being granted; and (iii) state that the paper has not been served on that party's lawyer. (6) Exceptions. An attorney may be served notwithstanding subsection (b)(4) of this rule if (i) fewer than 63 days have elapsed since the filing of any paper or the issuance of any process in the action or proceeding or (ii) if the attorney has filed a notice of continuing representation. (7) Service by Other Means. Service under this rule may be made by delivering a copy by any other means, including facsimile or electronic means, consented to in writing by the person served or as authorized under local court rule. Service by facsimile or electronic means is complete on transmission when made prior to 5:00 p.m. on a judicial day. Service made on a Saturday, Sunday, holiday, or after 5:00 p.m. on any other day shall be deemed complete at 9:00 a.m. on the first judicial day thereafter. Service by other consented means is complete when the person making service delivers the copy to the agency designated to make delivery. Service under this subsection is not effective if the party making service learns that the attempted service did not reach the person to be served. (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. (d) Filing. (1) Time. Complaints shall be filed as provided in rule 3(a). Except as provided for discovery materials in section (i) of this rule and for documents accompanying a notice under ER 904(b), 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.

(2) Sanctions. The effect of failing to file a complaint is governed by rule 3. If a party fails to file any other pleading or paper under this 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 attorney fee unless good cause is shown for, or justice requires, the granting of an extension of time. (3) Limitation. No sanction shall be imposed if prior to the hearing the pleading or paper other than the complaint is filed and the moving attorney is notified of the filing before the attorney leaves the office for the hearing. (4) Nonpayment. No further action shall be taken in the pending action and no subsequent pleading or other paper shall be filed until the judgment is paid. No subsequent action shall be commenced upon the same subject matter until the judgment has been paid. (e) 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 clerk of the court, except that the judge may permit the papers to be filed with him or her, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk. Papers may be filed by facsimile transmission if permitted elsewhere in these or other rules of court, or if authorized by the clerk of the receiving court. The clerk may refuse to accept for filing any paper presented for that purpose because it is not presented in proper form as required by these rules or any local rules or practices. (f) Other Methods of Service. Service of all papers other than the summons and other process may also be made as authorized by statute. (g) Certified Mail. Whenever the use of "registered" mail is authorized by statutes relating to judicial proceedings or by rule of court, "certified" mail, with return receipt requested, may be used. (h) Service of Papers by Telegraph. [Rescinded.] (i) Discovery Material Not To Be Filed; Exceptions. Depositions upon oral examinations, depositions upon written questions, interrogatories and responses thereto, requests for production or inspection and responses thereto, requests for admission and responses thereto, and other discovery requests and responses thereto shall not be filed with the court unless for use in a proceeding or trial or on order of the court. (j) Filing by Facsimile. [Reserved. See GR 17--Facsimile Transmission.] [Adopted effective July 1, 1967; Amended effective July 1, 1972; September 1, 1978; September 1, 1983; September 1, 1988; September 1, 1993; September 17, 1993; October 29, 1993; September 1, 2005; December 9, 2014; April 28, 2015.]

citation: CR CR 5

rule_number: CR 5


title: Time

text: CR 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 time 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, (1) with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or (2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under rules 50(b), 52(b), 59(b), 59(d), and 60(b). (c) Proceeding Not To Fail for Want of Judge or Session of Court. No proceeding in a court of justice in any action, 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. (d) 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 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 parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in rule 59(c), opposing affidavits may be served not later than 1 day before the hearing, unless the court permits them to be served at some other time. (e) Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, 3 days shall be added to the prescribed period. [Adopted effective July 1, 1967; Amended effective April 28, 2015.]

citation: CR CR 6

rule_number: CR 6


title: Pleadings Allowed; Form of Motions

text: CR 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 claim; 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 third party 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. (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 and other matters of form of pleadings apply to all motions and other papers provided for by these rules. (3) Signing. All motions shall be signed in accordance with rule 11. (4) 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. (5) Oral Argument by Remote Means. Oral argument on civil motions, including family law motions, may be heard by remote means in the discretion of the court. Parties shall bear their own costs of participation by conference call or other remote means unless the court directs otherwise in the ruling or decision on the motion. (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 effective July 1, 1967; Amended effective September 1, 1985; September 1, 1994; July 9, 2024.]

citation: CR CR 7

rule_number: CR 7


title: General Rules of Pleading

text: CR 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 the pleader deems the pleader is 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 the defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party 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, the pleader 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, the pleader may make his denials as specific denials of designated averments or paragraphs, or the pleader may generally deny all the averments except such designated averments or paragraphs as the pleader expressly admits; but, when the pleader does so intend to controvert all its averments, the pleader may do so by general denial subject to the obligations set forth in rule 11. (c) Affirmative Defenses. In pleading to a preceding pleading, 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, fault of a nonparty, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitation, 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. (d) Effect of Failure To Deny. Averments 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. (e) Pleading To Be Concise and Direct; Consistency. (1) 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 the party 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. 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 effective July 1, 1976.]

citation: CR CR 8

rule_number: CR 8


title: Pleading Special Matters

text:
CR 9 PLEADING SPECIAL MATTERS (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 of 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. (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. (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. (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. (g) Special Damage. When items of special damage are claimed, they shall be specifically stated. (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. (i) Pleading Ordinance. In pleading any ordinance of a county, city or town in this state it shall be sufficient to state the title of such ordinance and the date of its passage, whereupon the court shall take judicial notice of the existence of such ordinance and the tenor and effect thereof. (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. (k) Foreign Law. (1) United States Jurisdictions. A party who intends to raise an issue concerning the law of a state, territory, or other jurisdiction of the United States shall set forth in the party’s pleading facts which show that the law of another United States jurisdiction may be applicable, or shall state in the party’s pleading or serve other reasonable written notice that the law of another United States jurisdiction may be relied upon. (2) Other Jurisdictions. A party who intends to raise an issue concerning the law of a jurisdiction other than a state, territory or other jurisdiction of the United States shall give notice in the pleading of the foreign jurisdiction whose law the party contends may be applicable to the facts of the case. The following matters need not be pleaded, but may be discovered pursuant to

rule 26: (i) the party's contentions as to which issues of law are governed by the foreign law; (ii) the substance of such foreign law; (iii) the expected effect of such foreign law on the legal issues and on the outcome of the case being tried; (iv) the specific foreign statutes, regulations, judicial and administrative decisions, documents and other nonprivileged written materials and translations thereof upon which the party intends to rely. (3) Application of Foreign Law. Issues of foreign law may be simplified pursuant to rule 16 and determined in advance of trial pursuant to rule 56. (4) Failure To Plead Foreign Law . If no party has requested in pleadings application of the law of a jurisdiction other than a state, territory or other jurisdiction of the United States, the court at time of trial shall apply the law of the State of Washington unless such application would result in manifest injustice. (l) Burden of Proof. Nothing in this rule shall be construed to shift or alter the burden of proof. [Adopted effective July 1, 1967; Amended effective September 1, 1983; September 1, 1985; April 28, 2015.]

citation: CR CR 9

rule_number: CR 9


title: Form of Pleadings and Other Papers

text:
CR 10 FORM OF PLEADINGS AND OTHER PAPERS (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 the plaintiff’s pleading, and such defendant may be designated in any pleading or proceeding by any name, and when the defendant’s 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." (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) 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) Format Requirements. [Reserved. See GR 14.] (e) Format Recommendations. It is recommended that all pleadings and other papers include or provide for the following: (1) 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 Petition for Dissolution Defendant's Motion for Support, etc. Order for Support Plaintiff's Trial Brief

DO NOT USE Petition 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 names of all persons signing a pleading or other paper should be typed under their signatures. (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. (f) Personal Identifiers Prohibited. [Reserved. See GR 31(e).] (g) Unpublished Opinions. [Reserved. See GR 14.1.] [Adopted effective July 1, 1967; Amended effective September 1, 1990; September 1, 2000; September 1, 2007; April 28, 2015.]

citation: CR CR 10

rule_number: CR 10


title: Signing and Drafting of Pleadings, Motions, and Legal Memoranda: Sanctions

text: CR 11 SIGNING AND DRAFTING OF PLEADINGS, MOTIONS, AND LEGAL MEMORANDA: SANCTIONS (a) Every pleading, motion, and legal memorandum of a party represented by an attorney shall be dated and signed by at least one attorney of record in the attorney's individual name, whose address and Washington State Bar Association membership number shall be stated. A party who is not represented by an attorney shall sign and date the party's pleading, motion, or legal memorandum and state the party's 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 party or of an attorney constitutes a certificate by the party or attorney that the party or attorney has read the pleading, motion, or legal memorandum, and that to the best of the party's or attorney's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (1) it is well grounded in fact; (2) it is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law; (3) it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; and (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. If a pleading, motion, or legal memorandum is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or legal memorandum is signed in violation of this rule, the court, upon motion or upon its own initiative, may impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or legal memorandum, including a reasonable attorney fee. (b) In helping to draft a pleading, motion or document filed by the otherwise selfrepresented person, the attorney certifies that the attorney has read the pleading, motion, or legal memorandum, and that to the best of the attorney’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (1) it is well grounded in fact, (2) it is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law, (3) it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, and (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. The attorney in providing such drafting assistance may rely on the otherwise self-represented person’s representation of facts, unless the attorney has reason to believe that such representations are false or materially insufficient, in which instance the attorney shall make an independent reasonable inquiry into the facts. [Adopted effective July 1, 1967; Amended effective January 1, 1974; September 1, 1985; September 1, 1990; September 17, 1993; October 29, 2002; September 1, 2005.]

citation: CR CR 11

rule_number: CR 11


title: Defenses and Objections

text:
CR 12 DEFENSES AND OBJECTIONS (a) When Presented. A defendant shall serve an answer within the following periods: (1) Within 20 days, exclusive of the day of service, after the service of the summons and complaint upon the defendant pursuant to rule 4; (2) 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); (3) Within 60 days after the service of the summons upon the defendant if the summons is served upon the defendant 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. (4) Within 60 days after the service of the summons upon the defendant if the summons is served in a jail, detention facility, or prison facility pursuant to rule 4, unless a different time for response, appearance, or answer is specifically stated in statute. (5) Within the period fixed by any other applicable statutes or rules. A party served with a pleading stating a cross claim against another party shall serve an answer thereto within 20 days after the service upon that other party. The plaintiff shall serve a 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 10 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 10 days after the service of 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 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: (1) 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, the pleader 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 (1)-(7) in section (b) of this rule, whether made in a pleading or by motion, and the motion for judgment mentioned in section (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. (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, the party may move for a more definite statement before interposing a 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 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. (f) Motion To Strike. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon the party or upon the courts 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 the party. If a party makes a motion under this rule but omits therefrom any defense or objection then available to the party which this rule permits to be raised by motion, the party shall not thereafter make a motion based on the defense or objection so omitted, except a motion as provided in subsection (h)(2) hereof on any of the grounds there stated. (h) 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 section (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. (i) Nonparty at Fault. Whenever a defendant or a third party defendant intends to claim for purposes of RCW 4.22.070(1) that a nonparty is at fault, such claim is an affirmative defense which shall be affirmatively pleaded by the party making the claim. The identity of any nonparty claimed to be at fault, if known to the party making the claim, shall also be affirmatively pleaded. [Adopted effective July 1, 1967; Amended effective January 1, 1972; January 1, 1980; September 18, 1992; April 28, 2015; September 1, 2025.]

citation: CR CR 12

rule_number: CR 12


title: Counterclaim and Cross Claim

text:
CR 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 (1) at the time the action was commenced the claim was the subject of another pending action, or (2) the opposing party brought suit upon the pleader’s 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. (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 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. (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 the 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, the pleader may by leave of court set up the counterclaim by amendment. (g) Cross Claim Against Coparty. A pleading may state as a cross claim any claim by one party against a coparty 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 cross claimant 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 the defendant 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 the defendant was originally liable, or such assignee while the contract belonged to defendant. (k) Other Setoff Rules. [Reserved. See RCW 4.32.120 through 4.32.150 and RCW 4.56.050 through 4.56.075.] [Adopted effective July 1, 1967; Amended effective April 28, 2015.]

citation: CR CR 13

rule_number: CR 13


title: Third Party Practice

text: CR 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 the defending party for all or part of the plaintiff's claim against the defending party. The third party plaintiff need not obtain leave to make the service if the third party plaintiff files the third party complaint not later than 10 days after the third party plaintiff serves an original answer. Otherwise the third party plaintiff must obtain leave on motion upon notice to all parties to the action. The person served with the summons and third party complaint, hereinafter called the third party defendant, shall make defenses to the third party plaintiff's claim as provided in rule 12 and 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 occurrence 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 defenses as provided in rule 12 and 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 the third party defendant 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, the plaintiff 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 effective July 1, 1967; Amended effective April 28, 2015.]

citation: CR CR 14

rule_number: CR 14


title: Amended and Supplemental Pleadings

text: CR 15 AMENDED AND SUPPLEMENTAL PLEADINGS (a) Amendments. A party may amend the party’s 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, the party may so amend it at any time within 20 days after it is served. Otherwise, a party may amend the party’s pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. If a party moves to amend a pleading, a copy of the proposed amended pleading, denominated “proposed” and unsigned, shall be attached to the motion. If a motion to amend is granted, the moving party shall thereafter file the amended pleading and, pursuant to rule 5, serve a copy thereof on all other parties. 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 the original party, the party to be brought in by amendment (1) has received such notice of the institution of the action that the new party will not be prejudiced in maintaining her or 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 the new party. (d) Supplemental Pleadings. Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit the party 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 effective July 1, 1967; Amended effective September 1, 2005; April 28, 2015.]

citation: CR CR 15

rule_number: CR 15


title: Pretrial Procedure and Formulating Issues

text: CR 16 PRETRIAL PROCEDURE AND FORMULATING ISSUES (a) Hearing Matters Considered. By order, or on the motion of any party, the court may in its discretion 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) Pretrial 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 pretrial 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 effective July 1, 1967.]

citation: CR CR 16

rule_number: CR 16


title: Parties Plaintiff and Defendant; Capacity

text: CR 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. (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 the party’s own name without joining 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 after 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 been commenced in the name of the real party in interest. (b) Capacity To Sue or Be Sued. [Reserved.] (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 Choices in Action. [Reserved. See RCW 4.08.080.] (e) Public Corporations. (1) Actions by. [Reserved. See RCW 4.08.110.] (2) Actions Against. [Reserved. See RCW 4.08.120.] (f) Tort Actions Against State. [Reserved. See RCW 4.92.] [Adopted effective July 1, 1967; Amended effective April 28, 2015.]

citation: CR CR 17

rule_number: CR 17


title: Joinder of Claims and Remedies

text: CR 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 the party 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 the plaintiff, without first having obtained a judgment establishing the claim for money. [Adopted effective July 1, 1967; Amended effective April 28, 2015.]

citation: CR CR 18

rule_number: CR 18


title: Joinder of Persons Needed for Just Adjudication

text: CR 19 JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION (a) Persons to be Joined if Feasible. A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if (1) in the person’s absence complete relief cannot be accorded among those already parties, or (2) the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person’s absence may (A) as a practical matter impair or impede the person’s 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 the person’s claimed interest. If the person has not been so joined, the court shall order that the person be made a party. If the person should join as a plaintiff but refuses to do so, the person may be made a defendant, or, in a proper case, an involuntary plaintiff. If the joined party objects to venue and the person’s joinder would render the venue of the action improper, the joined party shall be dismissed from the action. (b) Determination by Court Whenever Joinder Not Feasible. If a person joinable under (1) or (2) of section (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 the person 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 section (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) Spouse or Domestic Partner Must Join--Exceptions. [Reserved. See RCW 4.08.030.] [Adopted effective July 1, 1967; Amended effective July 1, 1980; April 28, 2015.]

citation: CR CR 19

rule_number: CR 19


title: Permissive Joinder of Parties

text: CR 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 defendant 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, and against one or more defendants according to their respective liabilities. (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 the party asserts no claim and who asserts no claim against the party, and may order separate trials or make other orders to prevent delay or prejudice. (c) When Either Spouse or Either Domestic Partner May Join. [Reserved. See 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: (1) If the action is against the defendants jointly indebted upon a contract, the plaintiff may proceed against the defendants served unless the court otherwise directs; and if the plaintiff 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, the plaintiff 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. (e) Procedure To Bind Joint Debtor. [Reserved. See RCW 4.68.] [Adopted effective July 1, 1967; Amended effective July 1, 1980; April 28, 2015.]

citation: CR CR 20

rule_number: CR 20


title: Misjoinder and Nonjoinder of Parties

text: CR 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 effective July 1, 1967.]

citation: CR CR 21

rule_number: CR 21


title: Interpleader

text: CR 22 INTERPLEADER (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 the plaintiff 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 effective July 1, 1967; Amended effective April 28, 2015.]

citation: CR CR 22

rule_number: CR 22


title: Class Actions

text:
CR 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 section (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 standards 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 interest; 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 the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (D) the difficulties likely to be encountered in 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 subsection may be conditional, and may be altered or amended before the decision on the merits. (2) In any class action maintained under subsection (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 the member from the class if the member 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 member who does not request exclusion may, if the member desires, enter an appearance through counsel. (3) The judgment in an action maintained as a class action under subsection (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 subsection (b)(3), whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in subsection (c)(2) was directed, and who have not requested exclusion, and whom the court finds to be members of the class. (4) When appropriate, (A) an action may be brought or maintained as a class action with respect to particular issues, or (B) a class may be divided into subclasses and each 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: (1) determining 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 the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action; (3) imposing conditions on the representative parties or on intervenors; (4) requiring that the pleadings 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 altered 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. (f) Disposition of Residual Funds. (1) “Residual Funds” are funds that remain after the payment of all approved class member claims, expenses, litigation costs, attorneys’ fees, and other court-approved disbursements to implement the relief granted. Nothing in this rule is intended to limit the parties to a class action from suggesting, or the trial court from approving, a settlement that does not create residual funds. (2) Any order entering a judgment or approving a proposed compromise of a class action certified under this rule that establishes a process for identifying and compensating members of

the class shall provide for the disbursement of residual funds. In matters where the claims process has been exhausted and residual funds remain, not less than fifty percent (50%) of the residual funds shall be disbursed to the Legal Foundation of Washington to support activities and programs that promote access to the civil justice system for low income residents of Washington State. The court may disburse the balance of any residual funds beyond the minimum percentage to the Legal Foundation of Washington or to any other entity for purposes that have a direct or indirect relationship to the objectives of the underlying litigation or otherwise promote the substantive or procedural interests of members of the certified class. [Adopted effective July 1, 1967; Amended effective January 3, 2006; April 28, 2015; September 1, 2017.]

citation: CR CR 23

rule_number: CR 23


title: Derivative Actions by Shareholders

text: CR 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 the plaintiff complains or that the plaintiff’s share or membership thereafter devolved on the plaintiff 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 the plaintiff desires from the directors or comparable authority and, if necessary, from the shareholders or members, and the reasons for the plaintiff’s 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 shareholders or members similarly situated in enforcing the right 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 effective July 1, 1967; Amended effective April 28, 2015.]

citation: CR CR 23.1


title: Actions Relating to Unincorporated Associations

text: CR 23.2 ACTIONS RELATING TO UNINCORPORATED ASSOCIATIONS An action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties may be maintained only if it appears that the representative parties will fairly and adequately protect the interests of the association and its members. In the conduct of the action the court may make appropriate orders corresponding 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 effective July 1, 1967.]

citation: CR CR 23.2