title: Discovery

text:
CrR 4.7 DISCOVERY (a) Prosecutors Obligations. (1) Except as otherwise provided by protective orders or as to matters not subject to disclosure, the prosecuting attorney shall disclose to the defendant the following material and information within the prosecuting attorney's possession or control no later than the omnibus hearing: (i) the names and addresses of persons whom the prosecuting attorney intends to call as witnesses at the hearing or trial, together with any written or recorded statements and the substance of any oral statements of such witnesses; (ii) any written or recorded statements and the substance of any oral statements made by the defendant, or made by a codefendant if the trial is to be a joint one; (iii) when authorized by the court, those portions of grand jury minutes containing testimony of the defendant, relevant testimony of persons whom the prosecuting attorney intends to call as witnesses at the hearing or trial, and any relevant testimony that has not been transcribed; (iv) any reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and scientific tests, experiments, or comparisons; (v) any books, papers, documents, photographs, or tangible objects, which the prosecuting attorney intends to use in the hearing or trial or which were obtained from or belonged to the defendant; and (vi) any record of prior criminal convictions known to the prosecuting attorney of the defendant and of persons whom the prosecuting attorney intends to call as witnesses at the hearing or trial. (2) The prosecuting attorney shall disclose to the defendant: (i) any electronic surveillance, including wiretapping, of the defendant's premises or conversations to which the defendant was a party and any record thereof; (ii) any expert witnesses whom the prosecuting attorney will call at the hearing or trial, the subject of their testimony, and any reports they have submitted to the prosecuting attorney; (iii) any information which the prosecuting attorney has indicating entrapment of the defendant. (3) Except as is otherwise provided as to protective orders, the prosecuting attorney shall disclose to defendant's counsel any material or information within the prosecuting attorney's knowledge which tends to negate defendant's guilt as to the offense charged. (4) The prosecuting attorney's obligation under this section is limited to material and information within the knowledge, possession, and control of members of the prosecuting attorney’s staff. (b) Defendant's Obligations. (1) Except as is otherwise provided as to matters not subject to disclosure and protective

orders, the defendant shall disclose to the prosecuting attorney the following material and information within the defendant's control no later than the omnibus hearing: the names and addresses of persons whom the defendant intends to call as witnesses at the hearing or trial, together with any written or recorded statements and the substance of any oral statements of such witness. (2) Notwithstanding the initiation of judicial proceedings, and subject to constitutional limitations, the court on motion of the prosecuting attorney or the defendant, may require or allow the defendant to: (i) appear in a lineup; (ii) speak for identification by a witness to an offense; (iii) be fingerprinted; (iv) pose for photographs not involving reenactment of the crime charged; (v) try on articles of clothing; (vi) permit the taking of samples of or from the defendant's blood, hair, and other materials of the defendant's body including materials under the defendant's fingernails which involve no unreasonable intrusion thereof; (vii) provide specimens of the defendant's handwriting; (viii) submit to a reasonable physical, medical, or psychiatric inspection or examination; (ix) state whether there is any claim of incompetency to stand trial; (x) allow inspection of physical or documentary evidence in defendant's possession; (xi) state whether the defendant's prior convictions will be stipulated or need to be proved; (xii) state whether or not the defendant will rely on an alibi and, if so, furnish a list of alibi witnesses and their addresses; (xiii) state whether or not the defendant will rely on a defense of insanity at the time of the offense; (xiv) state the general nature of the defense. (3) Provisions may be made for appearance for the foregoing purposes in an order for pretrial release. (c) Additional Disclosures Upon Request and Specification. Except as is otherwise provided as to matters not subject to disclosure the prosecuting attorney shall, upon request of the defendant, disclose any relevant material and information regarding: (1) Specified searches and seizures; (2) The acquisition of specified statements from the defendant; and (3) The relationship, if any, of specified persons to the prosecuting authority. (d) Material Held by Others. Upon defendant's request and designation of material or

information in the knowledge, possession or control of other persons which would be discoverable if in the knowledge, possession or control of the prosecuting attorney, the prosecuting attorney shall attempt to cause such material or information to be made available to the defendant. If the prosecuting attorney's efforts are unsuccessful and if such material or persons are subject to the jurisdiction of the court, the court shall issue suitable subpoenas or orders to cause such material to be made available to the defendant. (e) Discretionary Disclosures. (1) Upon a showing of materiality to the preparation of the defense, and if the request is reasonable, the court in its discretion may require disclosure to the defendant of the relevant material and information not covered by sections (a), (c) and (d). (2) The court may condition or deny disclosure authorized by this rule if it finds that there is a substantial risk to any person of physical harm, intimidation, bribery, economic reprisals or unnecessary annoyance or embarrassment, resulting from such disclosure, which outweigh any usefulness of the disclosure to the defendant. (f) Matters Not Subject to Disclosure. (1) Work Product. Disclosure shall not be required of legal research or of records, correspondence, reports or memoranda to the extent that they contain the opinions, theories or conclusions of investigating or prosecuting agencies except as to material discoverable under subsection (a)(1)(iv). (2) Informants. Disclosure of an informants identity shall not be required where the informants identity is a prosecution secret and a failure to disclose will not infringe upon the constitutional rights of the defendant. Disclosure of the identity of witnesses to be produced at a hearing or trial shall not be denied. (g) Medical and Scientific Reports. Subject to constitutional limitations, the court may require the defendant to disclose any reports or results, or testimony relative thereto, of physical or mental examinations or of scientific tests, experiments or comparisons, or any other reports or statements of experts which the defendant intends to use at a hearing or trial. (h) Regulation of Discovery. (1) Investigations Not To Be Impeded. Except as is otherwise provided with respect to protective orders and matters not subject to disclosure, neither the counsel for the parties nor other prosecution or defense personnel shall advise persons other than the defendant having relevant material or information to refrain from discussing the case with opposing counsel or showing opposing counsel any relevant material, nor shall they otherwise impede opposing counsels investigation of the case. (2) Continuing Duty To Disclose. If, after compliance with these rules or orders pursuant thereto, a party discovers additional material or information which is subject to disclosure, the party shall promptly notify the other party or their counsel of the existence of such additional material, and if the additional material or information is discovered during trial, the court shall also be notified. (3) Custody of Materials. Any materials furnished to an attorney pursuant to these rules shall remain in the exclusive custody of the attorney and be used only for the purposes of conducting the party's side of the case, unless otherwise agreed by the parties or ordered by the court, and shall be subject to such other terms and conditions as the parties may agree or the court may provide. Further, a defense lawyer shall be permitted to provide a copy of the materials to the defendant after making appropriate redactions that are approved by the

prosecuting authority or order of the court. (4) Protective Orders. Upon a showing of cause, the court may at any time order that specified disclosure be restricted or deferred, or make such other order as is appropriate, provided that all material and information to which a party is entitled must be disclosed in time to permit the party's counsel to make beneficial use thereof. (5) Excision. When some parts of certain material are discoverable under this rule, and other parts not discoverable, as much of the material shall be disclosed as is consistent with this rule. Material excised pursuant to judicial order shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal. (6) In Camera Proceedings. Upon request of any person, the court may permit any showing of cause for denial or regulation of disclosure, or portion of such showing, to be made in camera. A record shall be made of such proceedings. If the court enters an order granting relief following a showing in camera, the entire record of such showing shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal. (7) Sanctions. (i) If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with an applicable discovery rule or an order issued pursuant thereto, the court may order such party to permit the discovery of material and information not previously disclosed, grant a continuance, dismiss the action or enter such other order as it deems just under the circumstances. (ii) Willful violation by counsel of an applicable discovery rule or an order issued pursuant thereto may subject counsel to appropriate sanctions by the court. Comment Supersedes RCW 10.37.030, .033; RCW 10.46.030 in part. [Adopted effective July 1, 1973; Amended effective September 1, 1986; September 1, 2005; September 1, 2007; October 1, 2024; April 29, 2025.]

citation: CrR CrR 4.7

rule_number: CrR 4.7


doc_type: court-rule

jurisdiction: wa

title: Subpoenas

text:
CrR 4.8 SUBPOENAS a) For Attendance of Witnesses at Hearing or Trial. A subpoena commanding a person to attend and give testimony at a hearing or at trial (“a subpoena for testimony”) shall be issued as follows: (1) Form; Issuance. (A) A subpoena for testimony shall (i) state the title of the action, the case number, the name of the court in which the action is pending, and, if different, the name of the court from which the subpoena is issued; and (ii) command each person to whom it is directed to attend and give testimony at a specified time and place. (B) The court in which the action is pending or before which attendance is required may issue a subpoena for testimony under the seal of that court, or the clerk may issue the subpoena for testimony in response to a praecipe. An attorney for a party also may sign and issue a subpoena for testimony. (C) A command to a person to produce evidence or to permit inspection may be joined with a subpoena for testimony or may be issued separately under section (b) of this rule. (2) Notice. Notice to each party of the issuance of a subpoena for testimony is not required; provided that, when a subpoena for testimony also commands the person to whom it is directed to produce evidence or to permit inspection of things, the serving party shall give advance notice of such subpoena in the manner described in subsection (b) of this rule. (3) Service—How Made. A subpoena for testimony may be served by any suitable person over 18 years of age, by giving the witness a copy thereof, or by leaving a copy at the witness’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. When service is made by any person other than an officer authorized to serve process, proof of service shall be made by affidavit or declaration. A subpoena for testimony may also be served by first-class mail, postage prepaid, together with a waiver of personal service and instructions for returning such waiver to the attorney of record of the party to the action in whose behalf the witness is required to appear. Service by mail shall be deemed complete upon the filing of the returned waiver of personal service, signed in affidavit or declaration form. (4) When Witness Excused. A witness subpoenaed to attend a hearing or trial is excused from further attendance as soon as the witness has given testimony in chief and has been cross-examined thereon, unless a party moves in open court that the witness remain in attendance and the court so orders. Witness fees will not be allowed any witness after the day on which the witness’s testimony is given, except when the witness has in open court been required to remain in further attendance, and when so required the clerk shall note that fact in the minutes. (b) For Producing Evidence or Permitting Inspection. A subpoena commanding a person to produce and permit inspection and copying of designated documents, tangible things, or premises in the possession, custody, or control of that person (“a subpoena for production”) shall be issued as follows: (1) Form; Issuance. (A) A subpoena for production shall (i) state the title of the action, the case number, the name of the court in which the action is pending, and, if different, the name of the court from which the subpoena is issued; (ii) command each person to whom it is directed to produce and

permit inspection and copying of documentary evidence, tangible things, or premises in the possession, custody, or control of that person at a specified time and place; and (iii) set forth the text of subsection (b)(4) of this rule. (B) The court in which the action is pending or before which attendance is required may issue a subpoena for production under the seal of that court or the clerk may issue the subpoena in response to a praecipe. An attorney for a party also may sign and issue a subpoena for production. (C) A subpoena for production may be joined with a subpoena for testimony, or it may be issued separately, provided that a subpoena to inspect premises may not be combined with other subpoenas issued pursuant to this rule. (2) Notice. Notice to parties of the issuance of a subpoena for production is not required; provided that, whenever a party intends to serve a subpoena for production seeking evidence or inspection of things or premises belonging or pertaining to a defendant who is not the party seeking or issuing the subpoena, then the serving party must give all parties advance notice; and provided that, whenever any party intends to serve a subpoena for production seeking evidence or inspection of things belonging or pertaining to an alleged victim or complaining witness, then the serving party shall provide advance notice to all parties and to the alleged victim or complaining witness; and provided that a subpoena for inspection of premises must be signed by the court and only after good cause is shown and advance notice is provided to all parties and the owner or occupier of the premises. (A) Time and Manner. If advance notice is required under this rule, then no fewer than five days prior to service on the person named in the subpoena for production, notice shall be provided in the manner prescribed by CR 5(b). The parties may agree to shorten the time for advance notice when a subpoena seeks solely evidence or tangible things belonging or pertaining to a defendant. The court may shorten the time for advance notice upon a showing of good cause by a party; provided that, any alleged victim or complaining witness whose evidence, tangible things, or premises are sought shall receive notice and an opportunity to be heard on any motion to shorten time. (B) Court May Excuse Notice. A court on ex parte motion may excuse compliance with the advance notice requirement upon the serving party’s showing of good cause; any such court order, along with a copy of the subpoena for which notice is excused, shall be filed under seal pursuant to GR 15. (3) Service—How Made. A subpoena for production shall be served in the manner prescribed in CR 5(b); provided that, if the subpoena for production is joined with a subpoena for testimony, then subsection (a)(3) of this rule shall govern service. (4) Protection of Persons Subject to Subpoena for Production. On timely motion, the court may quash or modify a subpoena for production if it (A) fails to allow reasonable time for compliance; (B) requires disclosure of privileged or other protected matter and no exception or waiver applies; (C) is unreasonable, oppressive, or unduly burdensome; or (D) exceeds the scope of discovery otherwise permitted under the criminal rules. The court may condition denial of a motion to quash or modify upon the advancement by the party on whose behalf the subpoena for production is issued of the reasonable cost of producing the books, papers, documents, tangible things, or premises. (5) Applicability of Other Notice and Privacy Provisions. The provisions of this rule do not modify or limit privacy protections and notice requirements provided by court rule, statute, regulation, or other applicable law. (c) Contempt. Failure by any person without adequate excuse to obey a subpoena served

upon that person may be deemed a contempt of the court from which the subpoena issued. Comment Supersedes RCW 10.46.030 in part, .050. [Adopted effective July 1, 1973; Amended effective December 28, 2010.]

license: public-domain-government-work

citation: CrR CrR 4.8

rule_set: CrR

rule_number: CrR 4.8


title: Pretrial Conference (Rescinded)

text: CrR 4.9 PRETRIAL CONFERENCE [RESCINDED] [Rescinded effective September 1, 1983.]

citation: CrR CrR 4.9

rule_number: CrR 4.9


title: Material Witness

text: CrR 4.10 MATERIAL WITNESS (a) Warrant. On motion of the prosecuting attorney or the defendant, the court may issue a warrant, subject to reasonable bail, for the arrest of a material witness. The warrant shall issue only on a showing, by affidavit or on the record in open court, that the testimony of the witness is material and that (1) The witness has refused to submit to a deposition ordered by the court pursuant to rule 4.6; or (2) The witness has refused to obey a lawfully issued subpoena; or (3) It may become impracticable to secure the presence of the witness by subpoena. Unless otherwise ordered by the court, the warrant shall be executed and returned as in rule 2.2. (b) Hearing. After the arrest of the witness, the court shall hold a hearing no later than the next judicial day after the witness is present in the county from which the warrant issued. The witness shall be entitled to be represented by a lawyer. The court shall appoint a lawyer for an indigent witness if it is required to protect the rights of the witness. (c) Release/Detention. Upon a determination that the testimony of the witness is material and that one of the conditions set forth in section (a) exists, the court shall set conditions for release of the witness pursuant to rule 3.2. A material witness shall be released unless the court determines that the testimony of such witness cannot be secured adequately by deposition and that further detention is necessary to prevent a failure of justice. Release of a material witness may be delayed for a reasonable period of time until the deposition of the witness can be taken pursuant to rule 4.6. [Adopted effective July 1, 1973; Amended effective September 1, 1991.]

citation: CrR CrR 4.10


title: Commencement of Actions

text: CrR 5.1 COMMENCEMENT OF ACTIONS (a) Where Commenced. All actions shall be commenced: (1) In the county where the offense was committed; (2) In any county wherein an element of the offense was committed or occurred. (b) Two or More Counties. When there is reasonable doubt whether an offense has been committed in one of two or more counties, the action may be commenced in any such county. (c) Right To Change. When a case is filed pursuant to section (b) of this rule, the defendant shall have the right to change venue to any other county in which the offense may have been committed. Any objection to venue must be made as soon after the initial pleading is filed as the defendant has knowledge upon which to make it. Comment Supersedes RCW 10.25.010, .020, .030, .040, .050, .060, .110 [Adopted effective July 1, 1973.]

citation: CrR CrR 5.1

rule_number: CrR 5.1


title: Change of Venue

text: CrR 5.2 CHANGE OF VENUE (a) When Ordered--Improper County. The court shall order a change of venue upon motion and showing that the action has not been prosecuted in the proper county. (b) When Ordered--On Motion of Party. The court may order a change of venue to any county in the state: (1) Upon written agreement of the prosecuting attorney and the defendant; (2) Upon motion of the defendant, supported by affidavit that he believes he cannot receive a fair trial in the county where the action is pending. (c) Discharge of Jury. When the court orders a change of venue it shall discharge the jury, if any, without prejudice to the prosecution, and direct that all the papers and proceedings be certified to the superior court of the proper county and direct the defendant and the witnesses to appear at such court. Comment Supersedes RCW 10.25.080, .090, .100; RCW 10.46.180. [Adopted effective July 1, 1973.]

citation: CrR CrR 5.2

rule_number: CrR 5.2


title: Trial by Jury or by the Court

text: CrR 6.1 TRIAL BY JURY OR BY THE COURT (a) Trial by Jury. Cases required to be tried by jury shall be so tried unless the defendant files a written waiver of a jury trial, and has consent of the court. (b) Number of Jurors. Unless otherwise provided by these rules, the number of persons serving on a jury shall be 12, not including alternates. If prior to trial on a noncapital case all defendants so elect, the case shall be tried by a jury of not less than six, or by the court. (c) Juror Unable To Continue. If a case has not yet been submitted to the jury and a juror is unable to continue and no alternate jurors were selected or none are available, or if a case has been submitted to the jury and a juror is unable to continue, all defendants may elect to continue with the remaining jurors. The court shall declare a mistrial for any defendant who does not elect to continue with the remaining jurors. If some, but not all, defendants elect to continue with the trial, the court shall proceed with the trial for those defendants unless the court determines manifest necessity requires a mistrial. (d) Trial Without Jury. In a case tried without a jury, the court shall enter findings of fact and conclusions of law. In giving the decision, the facts found and the conclusions of law shall be separately stated. The court shall enter such findings of fact and conclusions of law only upon 5 days' notice of presentation to the parties. Comment Supersedes RCW 10.49.020. [Adopted effective July 1, 1973; Amended effective September 1, 1983.]

citation: CrR CrR 6.1

rule_number: CrR 6.1


title: Jurors' Orientation

text: CrR 6.2 JURORS' ORIENTATION All jurors will be given a general orientation when they report for duty. (a) Juror Handbook. A copy of the Jurors Handbook to Washington Courts prepared by the Superior Court Judges' Association of the State of Washington and the District and Municipal Court Judges’ Association shall be provided to all petit jurors by the court in which they are to serve. (b) Juror Information Sheet. Prior to the commencement of a petit jurors term of service, a juror information sheet shall be furnished to the juror by the court in which the person is to serve. The format of the information sheet shall be consistent with recommendations of the Administrator for the Courts. [Adopted effective July 1 1973; Amended effective July 1, 1974; September 1, 1984; December 23, 2014.]

citation: CrR CrR 6.2

rule_number: CrR 6.2


title: Selecting the Jury

text: CrR 6.3 SELECTING THE JURY When the action is called for trial, the jurors shall be selected at random from the jurors summoned who have appeared and have not been excused. [Adopted effective July 1, 1973; Amended effective September 1, 1993.]

citation: CrR CrR 6.3

rule_number: CrR 6.3


title: Challenges

text:
CrR 6.4 CHALLENGES (a) Challenges to the Entire Panel. Challenges to the entire panel shall only be sustained for a material departure from the procedures prescribed by law for their selection. (b) Voir Dire. A voir dire examination shall be conducted for the purpose of discovering any basis for challenge for cause and for the purpose of gaining knowledge to enable an intelligent exercise of peremptory challenges. The judge shall initiate the voir dire examination by identifying the parties and their respective counsel and by briefly outlining the nature of the case. The judge and counsel may then ask the prospective jurors questions touching their qualifications to serve as jurors in the case, subject to the supervision of the court as appropriate to the facts of the case. (c) Challenges for Cause. (1) If the judge after examination of any juror is of the opinion that grounds for challenge are present, he or she shall excuse that juror from the trial of the case. If the judge does not excuse the juror, any party may challenge the juror for cause. (2) RCW 4.44.150 through 4.44.190 shall govern challenges for cause. (d) Exceptions to Challenge. (1) Determination. The challenge may be excepted to by the adverse party for insufficiency and, if so, the court shall determine the sufficiency thereof, assuming the facts alleged therein to be true. The challenge may be denied by the adverse party and, if so, the court shall try the issue and determine the law and the facts. (2) Trial of Challenge. Upon trial of a challenge, the Rules of Evidence applicable to testimony offered upon the trial of an ordinary issue of fact shall govern. The juror challenged, or any other person otherwise competent, may be examined as a witness by either party. If a challenge be determined to be sufficient, or if found to be true, as the case may be, it shall be allowed, and the juror to whom it was taken excluded; but if not so determined or found otherwise, it shall be disallowed. (e) Peremptory Challenges. (1) Peremptory Challenges Defined. A peremptory challenge is an objection to a juror for which there is no reason given, but upon which the court shall exclude the juror. In prosecutions for capital offenses the defense and the state may challenge peremptorily 12 jurors each; in prosecution for offenses punishable by imprisonment in the state Department of Corrections 6 jurors each; in all other prosecutions, 3 jurors each. When several defendants are on trial together, each defendant shall be entitled to one challenge in addition to the number of challenges provided above, with discretion in the trial judge to afford the prosecution such additional challenges as circumstances warrant. (2) Peremptory Challenges—How Taken. After prospective jurors have been passed for cause, peremptory challenges shall be exercised alternately first by the prosecution then by each defendant until the peremptory challenges are exhausted or the jury accepted. Acceptance of the jury as presently constituted shall not waive any remaining peremptory challenges to jurors subsequently called. Comment Supersedes RCW 10.49.030, .040, .050, .060.

[Adopted effective July 1, 1973; Amended effective December 26, 2000; September 1, 2015.]

citation: CrR CrR 6.4

rule_number: CrR 6.4


title: Alternate Jurors

text: CrR 6.5 ALTERNATE JURORS When the jury is selected the court may direct the selection of one or more additional jurors, in its discretion, to be known as alternate jurors. Each party shall be entitled to one peremptory challenge for each alternate juror to be selected. When several defendants are on trial together, each defendant shall be entitled to one challenge in addition to the challenge provided above, with discretion in the trial judge to afford the prosecution such additional challenges as circumstances warrant. If at any time before submission of the case to the jury a juror is found unable to perform the duties the court shall order the juror discharged, and the clerk shall draw the name of an alternate who shall take the jurors place on the jury. Alternate jurors who do not replace a regular juror may be discharged or temporarily excused after the jury retires to consider its verdict. When jurors are temporarily excused but not discharged, the trial judge shall take appropriate steps to protect alternate jurors from influence, interference or publicity, which might affect that jurors ability to remain impartial and the trial judge may conduct brief voir dire before seating such alternate juror for any trial or deliberations. Such alternate juror may be recalled at any time that a regular juror is unable to serve, including a second phase of any trial that is bifurcated. If the jury has commenced deliberations prior to replacement of an initial juror with an alternate juror, the jury shall be instructed to disregard all previous deliberations and begin deliberations anew. Comment Supersedes RCW 10.49.070. [Adopted effective July 1, 1973; Amended effective April 20, 1990.]

citation: CrR CrR 6.5

rule_number: CrR 6.5


title: Jurors' Oath

text: CrR 6.6 JURORS' OATH The jury shall be sworn or affirmed well and truly to try the issue between the State and the defendant, according to the evidence and instructions by the court. Comment Supersedes RCW 10.49.100. [Adopted effective July 1, 1973.]

citation: CrR CrR 6.6

rule_number: CrR 6.6


title: Custody of Jury

text: CrR 6.7 CUSTODY OF JURY (a) Generally. During trial and deliberations the jury may be allowed to separate unless good cause is shown, on the record, for sequestration of the jury. (b) Communication Restricted. Unless the jury is allowed to separate, the jurors shall be kept together under the charge of one or more officers until they agree upon their verdict or are discharged by the court. The officer shall keep the jurors separate from other persons and shall not allow any communication which may affect the case to be made to the jurors, nor make any himself, unless by order of the court, except to ask the jurors if they have agreed upon their verdict. The officer shall not, before the verdict is rendered, communicate to any person the state of the jurors' deliberations or their verdict. (c) Motions. Any motions or proceedings concerning the separation or sequestration of the jury shall be made out of the presence of the jury. [Adopted effective July 1, 1973; Amended effective September 1, 1983.]

citation: CrR CrR 6.7

rule_number: CrR 6.7


title: Notetaking by Jurors

text: CrR 6.8 NOTE-TAKING BY JURORS In all cases, jurors shall be allowed to take written notes regarding the evidence presented to them and keep these notes with them during their deliberation. The court may allow jurors to keep these notes with them in the jury room during recesses, in which case jurors may review their own notes but may not share or discuss the notes with other jurors until they begin deliberating. Such notes should be treated as confidential between the jurors making them and their fellow jurors, and shall be destroyed immediately after the verdict is rendered. [Adopted effective July 1, 1973; Amended effective October 1, 2002.]

citation: CrR CrR 6.8

rule_number: CrR 6.8


title: View of Premises by Jury

text: CrR 6.9 VIEW OF PREMISES BY JURY The court may allow the jury to view the place in which any material fact occurred. In such event it shall order the jury to be conducted in a body, in the custody of a proper officer of the court to the place which shall be shown to them by the judge. The defendant shall be present at the view. During the view, no person other than the judge or person authorized by him shall speak to the jury on any subject relating to the trial. [Adopted effective July 1, 1973.]

citation: CrR CrR 6.9

rule_number: CrR 6.9


title: Discharge of Jury

text: CrR 6.10 DISCHARGE OF JURY The jury may be discharged by the court on consent of both parties or when it appears that there is no reasonable probability of their reaching agreement. [Adopted effective July 1, 1973.]

citation: CrR CrR 6.10


title: Judge--Disability

text: CrR 6.11 JUDGE DISABILITY (a) Disability of Judge During Jury Trial. If, before the judge submits the case to the jury, he or she is unable to continue with the trial, any other judge assigned to or regularly sitting in the court, upon becoming familiar with the record of the trial, may proceed with the trial. Upon defendant's objection to the replacement, a mistrial shall be granted. If, after the judge submits the case to the jury, he or she is unable to continue, the case shall proceed before another judge. (b) Disability of Judge During Nonjury Trial. If a judge before whom trial without jury has commenced is unable to proceed with the trial, a mistrial shall be granted. [Adopted effective July 1, 1973; Amended effective December 26, 2000.]

citation: CrR CrR 6.11


title: Witnesses

text: CrR 6.12 WITNESSES (a) Who May Testify. Any person may be a witness in any action or proceeding under these rules except as hereinafter provided or as provided in the Rules of Evidence. (b) When Excused. A witness subpoenaed to attend in a criminal case is dismissed and excused from further attendance as soon as he or she has given his or her testimony in chief and has been cross-examined thereon, unless either party makes requests in open court that the witness remain in attendance; and witness fees will not be allowed any witness after the day on which his or her testimony is given, except when the witness has in open court been required to remain in further attendance, and when so required the clerk shall note that fact in his or her journal. (c) Persons Incompetent To Testify. The following persons are incompetent to testify: (1) Those who are of unsound mind, or intoxicated at the time of their production for examination; and (2) children who do not have the capacity of receiving just impressions of the facts about which they are examined or who do not have the capacity of relating them truly. This shall not affect any recognized privileges. (d) Not Excluded on Grounds of Interest. No person offered as a witness shall be excluded from giving evidence by reason of his or her interest in the result of the action, as a party thereto or otherwise, but such interest may be shown to affect his or her credibility. Comment See RCW 10.01.130. [Adopted effective July 1, 1973; Amended effective January 1, 1975; April 2, 1979; September 1, 1991; December 26, 2000.]

citation: CrR CrR 6.12


title: Testimony in Lieu of Witnesses

text:
CrR 6.13 TESTIMONY IN LIEU OF WITNESSES (a) Deposition. Upon a determination that the testimony of a witness is material, and that it appears probable that the witness will not voluntarily appear at the trial, the court may order the taking of his or her deposition. Pending the taking of the deposition the provisions of CrR 3.2 shall apply. (b) Test Report by Expert. (1) Certification Required. Subject to subsection (b)(3) of this rule, the official written report of an expert witness which contains the results of any test of a substance or object which are relevant to an issue in a trial shall be admitted in evidence without further proof or foundation as prima facie evidence of the facts stated in the report if the report bears or has attached a certification stating that the certifier has performed a test on the substance or object in question, the name of the person from whom the substance or object was received, the certificate is attached to a true and complete copy of the certifiers official report, the report was made by the certifier, and the qualifications of the certifier to make such tests. The certificate shall be signed by the certifier with the title of his office and his business address and telephone number. (2) Form. The certificate shall be in substantially the following form: The undersigned certifies under penalty of perjury that: 1. He performed a test on the (substance) (object) in question; 2. The person from whom he received the (substance) (object) in question is _________________________; 3. The document on which this certificate appears or to which it is attached is a true and complete copy of my official report; and 4. Such document is a report of the results of a test which report and test were made by the undersigned who has the following qualifications and experience: __________________________________________________________________ __________________________________________________________________. ___________________________________ Signature ___________________________________ Title ___________________________________ Business Address and Telephone (3) Notice Requirements. The court shall exclude such report if: (i) a copy of the report and certificate has not been served on the defendant or the defendant's attorney at least 15 days prior to the trial date or, upon a showing of cause, such lesser time as the court deems proper; or (ii) in the case of an unrepresented defendant, a copy of this rule in addition to a copy of the report and certificate has not been served on the defendant at least 15 days prior to the trial date or, upon a showing of cause, such lesser time as the court deems proper; or (iii) at least 7 days prior to the trial date or, upon a showing of cause, such lesser time as the court deems proper, the defendant has served a written demand upon the prosecutor to produce

the expert witness at the trial. [Adopted effective July 1, 1973; Amended effective January 1, 1975; January 1, 1976; September 1, 1991; December 26, 2000.]

citation: CrR CrR 6.13


title: Immunity

text: CrR 6.14 IMMUNITY In any case the court on motion of the prosecuting attorney may order that a witness shall not be excused from giving testimony or producing any papers, documents or things, on the ground that such testimony may tend to incriminate or subject the witness to a penalty or forfeiture; but the witness shall not be prosecuted or subjected to criminal penalty or forfeiture for or on account of any transaction, matter, or fact concerning which the witness has been ordered to testify pursuant to this rule. The witness may nevertheless be prosecuted for failing to comply with the order to answer, or for perjury or the giving of false evidence. [Adopted effective July 1, 1973; Amended effective January 2, 1974; September 1, 1986; October 1, 2002.]

citation: CrR CrR 6.14


title: Instructions and Argument

text:
CrR 6.15 INSTRUCTIONS AND ARGUMENT (a) Proposed Instructions. Proposed jury instructions shall be served and filed when a case is called for trial by serving one copy upon counsel for each party, by filing one copy with the clerk, and by delivering the original and one additional copy for each party to the trial judge. Additional instructions, which could not be reasonably anticipated, shall be served and filed at any time before the court has instructed the jury. Not less than 10 days before the date of trial, the court may order counsel to serve and file proposed instructions not less than 3 days before the trial date. Each proposed instruction shall be on a separate sheet of paper. The original shall not be numbered nor include citations of authority. Any superior court may adopt special rules permitting certain instructions to be requested by number from any published book of instructions. (b) [Reserved.] (c) Objection to Instructions. Before instructing the jury, the court shall supply counsel with copies of the proposed numbered instructions, verdict and special finding forms. The court shall afford to counsel an opportunity in the absence of the jury to object to the giving of any instructions and the refusal to give a requested instruction or submission of a verdict or special finding form. The party objecting shall state the reasons for the objection, specifying the number, paragraph, and particular part of the instruction to be given or refused. The court shall provide counsel for each party with a copy of the instructions in their final form. (d) Instructing the Jury and Argument of Counsel. The court shall read the instructions to the jury. The prosecution may then address the jury after which the defense may address the jury followed by the prosecutions rebuttal. (e) Deliberation. After argument, the jury shall retire to consider the verdict. The jury shall take with it the instructions given, all exhibits received in evidence and a verdict form or forms. (f) Questions from Jury During Deliberations. (1) The jury shall be instructed that any question it wishes to ask the court about the instructions or evidence should be signed, dated and submitted in writing to the bailiff. The court shall notify the parties of the contents of the questions and provide them an opportunity to comment upon an appropriate response. Written questions from the jury, the court’s response and any objections thereto shall be made a part of the record. The court shall respond to all questions from a deliberating jury in open court or in writing. In its discretion, the court may grant a jury’s request to rehear or replay evidence, but should do so in a way that is least likely to be seen as a comment on the evidence, in a way that is not unfairly prejudicial and in a way that minimizes the possibility that jurors will give undue weight to such evidence. Any additional instruction upon any point of law shall be given in writing. (2) After jury deliberations have begun, the court shall not instruct the jury in such a way as to suggest the need for agreement, the consequences of no agreement, or the length of time a jury will be required to deliberate. (g) Several Offenses. The verdict forms for an offense charged or necessarily included in the offense charged or an attempt to commit either the offense charged or any offense necessarily included therein may be submitted to the jury.

[Adopted effective July 1, 1973; Amended effective January 2, 1974; September 1, 1986; October 1, 2002.]

citation: CrR CrR 6.15


title: Verdicts and Findings

text:
CrR 6.16 VERDICTS AND FINDINGS (a) Verdicts. (1) Several Defendants. If there are two or more defendants, the jury at any time during its deliberations may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed; if a jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again. (2) Return of Verdict. When all members of the jury agree upon a verdict, the presiding juror shall complete and sign the verdict form and return it to the judge in open court. (3) Poll of Jurors. When a verdict or special finding is returned and before it is recorded, the jury shall be polled at the request of any party or upon the court's own motion. If at the conclusion of the poll, all of the jurors do not concur, the jury may be directed to retire for further deliberations or may be discharged by the court. (b) Special Findings. The court may submit to the jury forms for such special findings which may be required or authorized by law. The court shall give such instruction as may be necessary to enable the jury both to make these special findings or verdicts and to render a general verdict. When a special finding is inconsistent with another special finding or with the general verdict, the court may order the jury to retire for further consideration. (c) Forms. (1) Verdict. The verdict of the jury may be in substantially the following form: We, the jury, find the defendant guilty (or not guilty) of the crime of ____________________ as charged in count number __________. ___________________________________ Signature of Presiding Juror (2) Special Findings. Special findings may be substantially in the following form: Was the defendant ____(name)____ armed with a deadly weapon at the time of the commission of the crime charged in count number _____ Yes ( ) No ( ) (d) Not Guilty By Reason of Insanity. (1) Procedure When Verdict Received. If a defendant is acquitted of a crime by reason of insanity, the court shall either direct the defendant’s release or shall order the defendant’s hospitalization or an appropriate alternative treatment as mandated by RCW 10.77.110. Prior to the entry of an appropriate order releasing or detaining the defendant, the court shall advise the defendant: (i) of the need to surrender any firearm and any concealed pistol license, and of the prohibition upon the possession of any firearm or of a concealed pistol license; (ii) of the time limits on the right to collateral attack imposed by RCW 10.73.090 and .100; and (iii) if the defendant is acquitted of a sex offense or kidnapping offense as defined in RCW 9A.44.130, of the need to register as a sex offender or kidnapping offender. (2) Form of Notice. The form shall be in substantially the following form:

SUPERIOR COURT OF WASHINGTON FOR [ ] COUNTY STATE OF WASHINGTON,

)

No.

Plaintiff, vs.

Defendant.

) ) ) ) ) ) ) ) )

NOT GUILTY BY REASON OF INSANITY ACQUITTEE’S NOTICE OF FIREARM DISABILITY TIME LIMITS ON COLLATERAL ATTACKS  SEX OFFENDER OR KIDNAPPING OFFENDER REGISTRATION REQUIREMENTS

TO THE ABOVE-NAMED DEFENDANT: You are hereby advised that you have been acquitted by reason of insanity of the offense of ____________________. YOU ARE ADVISED THAT YOU ARE TO IMMEDIATELY SURRENDER ANY FIREARM AND ANY CONCEALED PISTOL LICENSE AND YOU MAY NOT POSSESS A FIREARM OR A CONCEALED PISTOL LICENSE UNTIL YOUR RIGHT HAS BEEN RESTORED BY A COURT OF RECORD. You are further advised that if you wish to petition or move for collateral attack on any order of hospitalization or order mandating alternative treatment less restrictive than detention in a state hospital, including but not limited to any personal restraint petition, state habeas corpus petition, motion to vacate judgment, motion to withdraw guilty plea, motion for new trial or motion to arrest judgment, you must do so within one year of the final judgment in this matter, except as provided for in RCW 10.73.100. In re Person Restraint of Well, 133 Wn.2d 433, 946 P.2d 750 (1997). If the following numbered paragraphs apply, they should initialed by the Defendant and the Judge. 1. General Applicability and Requirements: Because the offense which you have been acquitted of committing by reason of insanity is classified as a sex offense or kidnapping offense in RCW 9A.44.130, you will be required to register with the sheriff of the county of the state of Washington where you reside. If you are not a resident of Washington but you are a student in Washington or you are employed in Washington or you carry on a vocation in Washington, you must register with the sheriff of the county of your school, place of employment, or vocation. You must register immediately upon being acquitted by reason of insanity unless you are in custody, in which case you must register at the time of your release with the person designated by the agency that has you in custody and you must also register within 24 hours of your release with the sheriff of the county of the state of Washington where you will be residing, or if not residing in the state of Washington, where you are a student, where you are employed, or where you carry on a vocation. 2. Offenders Who Leave the State and Return: If you leave this state following your acquittal or release from custody but later move back to Washington, you must register within three

business days after moving to this state or within 24 hours after doing so if you are under the jurisdiction of this state's Department of Social and Health Services. If you leave this state following your acquittal or release from custody, but later while not a resident of Washington you become employed in Washington, carry on a vocation in Washington, or attend school in Washington, you must register within three business days after attending school in this state or becoming employed or carrying out a vocation in this state, or within 24 hours after doing so if you are under the jurisdiction of this state’s Department of Social and Health Services. 3. Change of Residence Within State and Leaving the State: If you change your residence within a county, you must send signed written notice of your change of residence to the sheriff within 72 hours of moving. If you change your residence to a new county within this state, you must send signed written notice of the change of address at least 14 days before moving to the county sheriff in the new county of residence and you must register with the sheriff of the new county within 24 hours of moving. You must also give signed written notice of your change of address to the sheriff of the county where last registered within 10 days of moving. If you move out of Washington State, you must send written notice within 10 days of moving to the new state or foreign country to the county sheriff with whom you last registered in Washington State. 4. Additional Requirements Upon Moving to Another State: If you move to another state, or if you work, carry on a vocation, or attend school in another state you must register a new address, fingerprints, and photograph with the new state within 10 days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. You must also send written notice within 10 days of moving to the new state or to a foreign country to the county sheriff with whom you last registered in Washington State. 5. Notification Requirement When Enrolling in or Employed by a Public or Private Institution of Higher Education or Common School (K-12): If you are a resident of Washington and you are admitted to a public or private institution of higher education, you shall, within 10 days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff of the county of your residence of your intent to attend the institution. If you become employed at a public or private institution of higher education, You are required to notify the sheriff for the county of your residence of your employment by the institution within 10 days of accepting employment or by the first business day after beginning to work at the institution, whichever is earlier. If your enrollment or employment at a public or private institution of higher education is terminated, you are required to notify the sheriff for the county of your residence of your termination of enrollment or employment within 10 days of such termination. If you attend, or plan to attend, a public or private school regulated under Title 28A RCW or chapter 72.40 RCW, you are required to notify the sheriff of the county of your residence of your intent to attend the school. You must notify the sheriff within 10 days of enrolling or 10 days prior to arriving at the school to attend classes, whichever is earlier. The sheriff shall promptly notify the principal of the school. 6. Registration by a Person Who Does Not Have a Fixed Residence: Even if you do not have a fixed residence, you are required to register. Registration must occur within 24 hours of release in the county where you are being supervised if you not have a residence at the time of your release from custody. Within 48 hours, excluding weekends and holidays, after losing your

fixed residence, you must send signed written notice to the sheriff of the county where you last registered. If you enter a different county and stay there for more than 24 hours, you will be required to register in the new county. You must also report in person to the sheriff of the county where you are registered on a weekly basis. The weekly report will be on a day specified by the county sheriff’s office, and shall occur during normal business hours. You may be required to provide a list of the locations where you have stayed during the last seven days. The lack of a fixed residence is a factor that may be considered in determining a sex offender’s risk level and shall make you subject to disclosure to the public at large pursuant to RCW 4.24.550. 7. Reporting Requirements for Persons Who Are Risk Level II or III: If you have a fixed residence and you are designated as a risk level II or III, you must report, in person, every 90 days to the sheriff of the county where you are registered. Reporting shall be on a day specified by the county sheriff’s office, and shall occur during normal business hours. If you comply with the 90-day reporting requirement with no violations for at least five years in the community, you may petition the superior court to be relieved of the duty to report every 90 days. 8. Application for a Name Change: If you apply for a name change, you must submit a copy of the application to the county sheriff of the county of your residence and to the state patrol not fewer than five days before the entry of an order granting the name change. If you receive an order changing your name, you must submit a copy of the order to the county sheriff of the county of your residence and to the state patrol within five days of the entry of the order. RCW 9A.44.130(7). The warning regarding firearms has been read to the defendant. DATED: Judge/Commissioner/Pro Tem Defendant’s Signature Defendant’s Last Name First Name Middle Name List any aliases Residential Street Address City State Zip Date of Birth (month/date/year) Driver’s License/ID Number Race ________ Sex _______ Weight _______ Height ______ Eyes _________ Hair _________ Court NCIC # ___________________________________ Submit to: Dept. of Licensing, Business & Professions Firearms Unit, PO Box 9649, Olympia, WA 98507-9649 (3) Record. A verbatim record of the notice of verdict return proceedings shall be made. The clerk of the court shall forward a copy of the notice of firearm disability to the Department

of Licensing, Business & Professions Firearms Unit. [Adopted effective July 1, 1973; Amended effective September 1, 1995; December 26, 2000; December 1, 2009.]

citation: CrR CrR 6.16


title: Procedures Before Sentencing

text:
CrR 7.1 PROCEDURES BEFORE SENTENCING (a) Generally. At the time of, or within 3 days after, a plea, finding, or verdict of guilt of a felony, the court may order that a risk assessment or presentence investigation and report be prepared by the Department of Corrections, when authorized by law. The court shall also then: (1) Set a date, time, and place for sentencing in compliance with the time requirements of RCW 9.94A.500; (2) Order the defendant to return at the designated date, time, and place; and (3) Set a date at least 10 days before sentencing for delivery of the risk assessment or presentence report, if any, to the court, to the prosecuting attorney, and to the defendant or defense counsel. (b) Report. The report of the presentence investigation shall contain the defendant's criminal history, as defined by RCW 9.94A.030, such information about the defendant's characteristics, financial condition, and the circumstances affecting the defendant's behavior as may be relevant in imposing sentence or in the correctional treatment of the defendant, information about the victim, and such other information as may be required by the court. (c) Notice of New Evidence. At least 3 days before the sentencing hearing, defense counsel and the prosecuting attorney shall notify opposing counsel and the court of any part of the presentence report that will be controverted by the production of evidence. (d) Other Reports. Any interested person, as designated in RCW 9.94A.500, may submit a report separate from that furnished by the Department of Corrections. Comment The rule is designed to implement RCW 9.94A.110 and related statutes concerning the sentencing procedure. The entire rule is new; it replaces the prior CrR 7.2, Presentence Investigation, portions of which are incorporated into the new rule. Section (a) is adapted from Minn. R. Crim. P. 27.03. The rule states that the court may order a presentence investigation and report, giving the court a measure of discretion to dispense with a report when the appropriate sentence can readily be determined on the basis of the sentencing guidelines score sheet. The rule codifies the existing practice of requiring the writer of the report to send copies to counsel and to the court. Section (b) is substantially the same as the prior rule, CrR 7.2(b). The reference in the prior rule to the defendant's "prior criminal record" is replaced by a reference to the defendant's "criminal history" in order to parallel the statutory language. The reference to "helpful" information is replaced by a reference to "relevant" information because much of what is "helpful" under the prior rule will become irrelevant under a system of presumptive sentencing. Section (c) ensures that both parties will receive reasonable notice of any intent to controvert the presentence report by the production of new evidence. The combined effect of sections (a)(3) and (c) is that each party will have 7 days to examine the report before giving the required notice. Section (d) makes it clear that persons who are permitted under RCW 9.94A.110 to present "argument" at sentencing may do so in writing.

Unlike the prior rule, CrR 7.2(c), the rule contains no provision concerning the nondisclosure of "harmful" portions of the presentence report. The Commission concluded that the provision was no longer necessary because much of what might be "harmful" under the prior rule will no longer be relevant under presumptive sentencing and will not be included in the report. If a report under the presumptive sentencing system does contain information that the court believes should be kept confidential, the court may fashion an appropriate remedy on a case-by-case basis. [Adopted effective July 1, 1973; Amended effective July 1, 1984; September 1, 1986; February 28, 2006.]

citation: CrR CrR 7.1

rule_number: CrR 7.1


title: Sentencing

text: CrR 7.2 SENTENCING (a) Generally. The court shall state the precise terms of the sentence and shall assure that the record accurately reflects all time spent in custody in connection with the offense or behavioral incident for which sentence is imposed. Pending such action the court may release or commit the defendant, pursuant to rule 3.2. (b) Procedure at Time of Sentencing. The court shall, immediately after sentencing, advise the defendant: (1) of the right to appeal the conviction; (2) of the right to appeal a sentence outside the standard sentence range; (3) that unless a notice of appeal is filed within 30 days after the entry of the judgment or order appealed from, the right to appeal is irrevocably waived; (4) that the superior court clerk will, if requested by the defendant appearing without counsel, supply a notice of appeal form and file it upon completion by the defendant; (5) of the right, if unable to pay the costs thereof, to have counsel appointed and portions of the trial record necessary for review of assigned errors transcribed at public expense for an appeal; and (6) of the time limits on the right to collateral attack imposed by RCW 10.73.090 and .100. If this advisement follows a guilty plea, the court shall advise the defendant that the right to appeal is limited. These proceedings shall be made a part of the record. (c) Record. A verbatim record of the sentencing proceedings shall be made. (d) Judgment and Sentence. For every felony sentencing, the clerk of the court shall forward a copy of the uniform judgment and sentence to the Sentencing Guidelines Commission. The uniform judgment and sentence shall be a form prescribed by the Administrator for the Courts in conjunction with the Supreme Court Pattern Forms Committee. If the sentence imposed departs from the applicable standard sentence range, the court's written findings of fact and conclusions of law shall also be supplied to the Commission. Comment The prior rule, CrR 7.1, is adopted as CrR 7.2. In section (a), the added language is suggested by Minn. R. Crim. P. 27.03. The deleted language addressed matters that are now covered in more detail in RCW 9.94A.500. Section (b) is the same as the corresponding section in the prior rule, except that subsections (1) and (2) are modified to reflect the provisions of RCW 9.94A.585. Section (c), concerning the withdrawal of a guilty plea, is deleted. In the existing rules, the point is covered in both CrR 4.2 and CrR 7.1. (See rule 4.2.) The language of the two provisions differs, but they appear to be the same in substance. There is no apparent distinction between the two provisions in the cases that have interpreted them. No loss of substance occurs when the provision in CrR 7.1 is deleted, leaving the point governed by CrR 4.2. Section (c) is suggested by Minn. R. Crim. P. 27.03. Section (d) is suggested by Minn. R. Crim. P. 27.03. [Formerly CrR 7.1, renumbered as CrR 7.2 and amended effective July 1, 1984; Amended effective September 1, 1986; September 1, 1991; September 17, 1993; September 1, 1995; September 1, 2015; February 27, 2018.]

citation: CrR CrR 7.2

rule_number: CrR 7.2


title: Judgment

text: CrR 7.3 JUDGMENT A judgment of conviction shall set forth whether defendant was represented by counsel or made a valid waiver of counsel, the plea, the verdict or findings, and the adjudication and sentence. The court may order that its sentence include special conditions or requirements, including a specified schedule for the payment of a fine, restitution, or other costs, or the performance of community service. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. The judgment shall be signed by the judge and entered by the clerk. Comment The rule codifies the existing practice allowing the court to impose special conditions on its sentence. The rule makes it clear that special conditions, including a specified schedule, may likewise be imposed with respect to an order for community service, restitution, or costs. (See RCW 9.94A.200, referring to terms and conditions of restitution.) The rule is, of course, subject to any statutory restrictions on the court's sentencing authority. For example, a statute requires that a sentence of confinement for more than 60 days must be served on consecutive days (RCW 9.94A.120). The rule would not permit the court to order that such a sentence be served on intermittent days. [Adopted effective July 1, 1973; Amended effective July 1, 1984.]

citation: CrR CrR 7.3

rule_number: CrR 7.3


title: Arrest of Judgment

text: CrR 7.4 ARREST OF JUDGMENT (a) Arrest of Judgments. Judgment may be arrested on the motion of the defendant for the following causes: (1) Lack of jurisdiction of the person or offense; (2) the indictment or information does not charge a crime; or (3) insufficiency of the proof of a material element of the crime. (b) Time for Motion; Contents of Motion. A motion for arrest of judgment must be served and filed within 10 days after the verdict or decision. The court on application of the defendant or on its own motion may in its discretion extend the time until such time as judgment is entered. The motion for arrest of judgment shall identify the specific reasons in fact and law as to each ground on which the motion is based. (c) New Charges After Arrest of Judgments. When judgment is arrested and there is reasonable ground to believe that the defendant can be convicted of an offense properly charged, the court may order the defendant to be recommitted or released to answer a new indictment or information. If judgment was arrested because there was no proof of a material element of the crime the defendant shall be dismissed. (d) Rulings on Alternative Motions in Arrest of Judgment or for a New Trial. Whenever a motion in arrest of a judgment and, in the alternative, for a new trial is filed and submitted in any superior court in any criminal cause tried before a jury, and the superior court enters an order granting the motion in arrest of judgment, the court shall, at the same time, in the alternative, pass upon and decide in the same order the motion for a new trial. The ruling upon the motion for a new trial shall not become effective unless and until the order granting the motion in arrest of judgment is reversed, vacated, or set aside in the manner provided by law. [Rule 7.4(d)(2) rescinded effective July 1, 1976; Remainder of Rule 7.49(d) consolidated effective September 1, 1984; Amended effective September 1, 1991.]

citation: CrR CrR 7.4

rule_number: CrR 7.4


title: New Trial

text: CrR 7.5 NEW TRIAL (a) Grounds for New Trial. The court on motion of a defendant may grant a new trial for any one of the following causes when it affirmatively appears that a substantial right of the defendant was materially affected: (1) Receipt by the jury of any evidence, paper, document or book not allowed by the court; (2) Misconduct of the prosecution or jury; (3) Newly discovered evidence material for the defendant, which the defendant could not have discovered with reasonable diligence and produced at the trial; (4) Accident or surprise; (5) Irregularity in the proceedings of the court, jury or prosecution, or any order of court, or abuse of discretion, by which the defendant was prevented from having a fair trial; (6) Error of law occurring at the trial and objected to at the time by the defendant; (7) That the verdict or decision is contrary to law and the evidence; (8) That substantial justice has not been done. When the motion is based on matters outside the record, the facts shall be shown by affidavit. (b) Time for Motion; Contents of Motion. A motion for new trial must be served and filed within 10 days after the verdict or decision. The court on application of the defendant or on its own motion may in its discretion extend the time. The motion for a new trial shall identify the specific reasons in fact and law as to each ground on which the motion is based. (c) Time for Affidavits. When a motion for a new trial is based upon affidavits they shall be served with the motion. The prosecution has 10 days after such service within which to serve opposing affidavits. The court may extend the period for submitting affidavits to a time certain for good cause shown or upon stipulation. (d) Statement of Reasons. In all cases where the court grants a motion for a new trial, it shall, in the order granting the motion, state whether the order is based upon the record or upon facts and circumstances outside the record which cannot be made a part thereof. If the order is based upon the record, the court shall give definite reasons of law and facts for its order. If the order is based upon matters outside the record, the court shall state the facts and circumstances upon which it relied. (e) Disposition of Motion. The motion shall be disposed of before judgment and sentence or order deferring sentence. [Adopted as CrR 7.6 effective July 1, 1973; Renumbered as CrR 7.5 effective December 26, 2000.]

citation: CrR CrR 7.5

rule_number: CrR 7.5


title: Probation

text: CrR 7.6 PROBATION (a) Probation. After conviction of an offense the defendant may be placed on probation as provided by law. (b) Revocation of Probation. The court shall not revoke probation except after a hearing in which the defendant shall be present and apprised of the grounds on which such action is proposed. The defendant is entitled to be represented by counsel and may be released pursuant to CrR 3.2 pending such hearing. Counsel shall be appointed for a defendant financially unable to obtain counsel. [Adopted as CrR 7.5 effective July 1, 1973, Renumbered as CrR 7.6 effective December 26, 2000.]

citation: CrR CrR 7.6

rule_number: CrR 7.6


title: Post-Conviction Relief (Rescinded)

text: CrR 7.7 POST-CONVICTION RELIEF [RESCINDED] [Rescinded effective July 1, 1976.]

citation: CrR CrR 7.7

rule_number: CrR 7.7


title: Relief From Judgment or Order

text: CrR 7.8 RELIEF FROM JUDGMENT OR ORDER (a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. Such mistakes may be so corrected before review is accepted by an appellate court, and thereafter may be corrected pursuant to RAP 7.2(e). (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party from a final judgment, order, or proceeding for the following reasons: (1) Mistakes, inadvertence, surprise, excusable neglect or irregularity in obtaining a judgment or order; (2) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under rule 7.5; (3) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) The judgment is void; or (5) Any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time and for reasons (1) and (2) not more than 1 year after the judgment, order, or proceeding was entered or taken, and is further subject to RCW 10.73.090, .100, .130, and .140. A motion under section (b) does not affect the finality of the judgment or suspend its operation. (c) Procedure on Vacation of Judgment. (1) Motion. Application shall be made by motion stating the grounds upon which relief is asked, and supported by affidavits setting forth a concise statement of the facts or errors upon which the motion is based. (2) Transfer to Court of Appeals. The court shall transfer a motion filed by a defendant to the Court of Appeals for consideration as a personal restraint petition unless the court determines that the motion is not barred by RCW 10.73.090 and either (i) the defendant has made a substantial showing that they are entitled to relief or (ii) resolution of the motion will require a factual hearing. A defendant is entitled to relief under subsection (i) where the person (A) is serving a sentence for a conviction under a statute determined to be void, invalid, or unconstitutional by the United States Supreme Court, the Washington Supreme Court, or an appellate court where review either was not sought or was denied or (B) is serving a sentence that was calculated under RCW 9.94A.525 using a prior or current conviction based on such a statute. (3) Order to Show Cause. If the court does not transfer the motion to the Court of Appeals, it shall enter an order fixing a time and place for hearing and directing the adverse party to appear and show cause why the relief asked for should not be granted. [Adopted effective July 1, 1973; Amended effective September 1, 1986; September 1, 1991; June 24, 2003; September 1, 2007; December 28, 2021.]

citation: CrR CrR 7.8

rule_number: CrR 7.8


title: Time

text: CrR 8.1 TIME Time shall be computed and enlarged in accordance with CR 6. [Adopted effective July 1, 1973.]

citation: CrR CrR 8.1

rule_number: CrR 8.1


title: Motions

text: CrR 8.2 MOTIONS Rules 3.5 and 3.6 and CR 7(b) shall govern motions in criminal cases. A motion for reconsideration shall be governed by CR 59(b), (e), and (j). [Adopted effective July 1, 1973; Amended effective September 1, 1995; February 1, 2021.]

citation: CrR CrR 8.2

rule_number: CrR 8.2


title: Dismissal

text:
CrR 8.3 DISMISSAL (a) On Motion of Prosecution. The court may, in its discretion, upon written motion of the prosecuting attorney setting forth the reasons therefor, dismiss an indictment, information or complaint. (b) On Motion of Court. The court, in the furtherance of justice, after notice and hearing, may dismiss any criminal prosecution due to arbitrary action or governmental misconduct when there has been prejudice to the rights of the accused. In deciding whether to dismiss, the court shall consider the following factors in addition to any other information the court believes is relevant to the inquiry: (1) the seriousness and circumstances of the offense; (2) the impact of a dismissal or lack of dismissal on the safety or welfare of the community (the defendant is part of the community); (3) the impact of a dismissal or lack of dismissal upon the confidence of the public in the criminal justice system; (4) the degree and impact of the arbitrary action or governmental misconduct. The court shall set forth its reasons in a written order. (c) On Motion of Defendant for Pretrial Dismissal. The defendant may, prior to trial, move to dismiss a criminal charge due to insufficient evidence establishing a prima facie case of the crime charged. (1) The defendant's motion shall be in writing and supported by an affidavit or declaration alleging that there are no material disputed facts and setting out the agreed facts, or by a stipulation to facts by both parties. The stipulation, affidavit or declaration may attach and incorporate police reports, witness statements or other material to be considered by the court when deciding the motion to dismiss. Any attached reports shall be redacted if required under the relevant court rules and statutes. (2) The prosecuting attorney may submit affidavits or declarations in opposition to defendant’s supporting affidavits or declarations. The affidavits or declarations may attach and incorporate police reports, witness statements or other material to be considered by the court when deciding defendant’s motion to dismiss. Any attached reports shall be redacted if required under the relevant court rules and statutes. (3) The court shall grant the motion if there are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt. In determining defendant’s motion, the court shall view all evidence in the light most favorable to the prosecuting attorney and the court shall make all reasonable inferences in the light most favorable to the prosecuting attorney. The court may not weigh conflicting statements and base its decision on the statement it finds the most credible. The court shall not dismiss a sentence enhancement or aggravating circumstance unless the underlying charge is subject to dismissal under this section. A decision denying a motion to dismiss under this rule is not subject to appeal under RAP 2.2. A defendant may renew the motion to dismiss if the trial court subsequently rules that some or all of the prosecuting attorney’s evidence is inadmissible. (4) If the defendant’s motion to dismiss is granted, the court shall enter a written order setting forth the evidence relied upon and conclusions of law. The granting of defendant's motion to dismiss shall be without prejudice.

Comment Supersedes RCW 10.46.090. [Adopted effective July 1, 1973; Amended effective September 1, 1995; September 1, 2008; September 1, 2025.]

citation: CrR CrR 8.3

rule_number: CrR 8.3


title: Service, Filing, and Signing of Papers

text: CrR 8.4 SERVICE, FILING, AND SIGNING OF PAPERS CR 5 shall govern service and filing of written motions (except those heard ex parte) in criminal causes. All pleadings, motions, and legal memoranda signed by an attorney shall include the attorney's Washington State Bar Association membership number in the signature block. [Adopted effective July 1, 1973; Amended effective September 1, 1990.]

citation: CrR CrR 8.4

rule_number: CrR 8.4


title: Calendars

text: CrR 8.5 CALENDARS In setting cases for trial, unless otherwise provided by statute, preference shall be given to criminal over civil cases, and criminal cases where the defendant or a witness is in confinement shall have preference over other criminal cases. [Adopted effective July 1, 1973.]

citation: CrR CrR 8.5

rule_number: CrR 8.5


title: Exceptions Unnecessary

text: CrR 8.6 EXCEPTIONS UNNECESSARY CR 46 shall govern exceptions to rulings and orders in criminal cases. [Adopted effective July 1, 1973.]

citation: CrR CrR 8.6

rule_number: CrR 8.6


title: Objections

text: CrR 8.7 OBJECTIONS Objections in criminal causes shall be taken as in civil causes. [Adopted effective July 1, 1973.]

citation: CrR CrR 8.7

rule_number: CrR 8.7


title: Discharge

text: CrR 8.8 DISCHARGE Upon acquittal, or whenever the court shall direct any criminal prosecution to be dismissed, the defendant shall be released from custody or conditions of release on such charge and any bail shall be exonerated. Comment Supersedes RCW 10.64.090. [Adopted effective July 1, 1973.]

citation: CrR CrR 8.8

rule_number: CrR 8.8


title: Change of Judge

text: CrR 8.9 CHANGE OF JUDGE Any right under RCW 4.12.050 to seek disqualification of a judge will be deemed waived unless, in addition to the limitations in the statute, the motion and affidavit is filed with the court no later than thirty days prior to trial before a preassigned judge. If a case is reassigned to a different judge less than forty days prior to trial, a party may then move for a change of judge within ten days of such reassignment, unless the moving party has previously made such a motion. [Adopted effective July 1, 1973.]

citation: CrR CrR 8.9

rule_number: CrR 8.9


title: Electronic Recording Log

text: CrR 8.10 ELECTRONIC RECORDING LOG When the proceedings are electronically recorded, the court shall ensure that a written log of the proceedings is created that indicates the time of relevant events. The judicial officer shall call the case name and cause number of each proceeding and shall assure that all case participants identify themselves for the record. [Adopted effective September 1, 2015.]

citation: CrR CrR 8.10


title: Scope of Rules

text: SPRC 1 SCOPE OF RULES (a) Except as otherwise stated, these rules apply to all stages of proceedings in criminal cases in which the death penalty has been or may be decreed. These rules do not apply in any case in which imposition of the death penalty is no longer possible. (b) Except when inconsistent with these rules, the Superior Court Criminal Rules and the Rules of Appellate Procedure shall continue to apply in capital cases. [Adopted effective December 30, 1997.]

citation: SPRC SPRC 1

rule_set: SPRC

rule_number: SPRC 1


title: Appointment of Counsel

text: SPRC 2 APPOINTMENT OF COUNSEL At least two (2) lawyers shall be appointed for the trial and also for the direct appeal. The trial court shall retain responsibility for appointing counsel for trial. The Supreme Court shall appoint counsel for the direct appeal. Notwithstanding RAP 15.2(f) and (h), the Supreme Court will determine all motions to withdraw as counsel on appeal. A list of attorneys qualified for appointment in death penalty trials and for appeals will be recruited and maintained by a panel created by the Supreme Court. All counsel for trial and appeal must have demonstrated the proficiency and commitment to quality representation which is appropriate to a capital case. Both counsel at trial must have five (5) years’ experience in the practice of criminal law, be familiar with and experienced in the utilization of expert witnesses and evidence, and not be presently serving as appointed counsel in another active trial level death penalty case. One counsel must be, and both may be, qualified for appointment in capital trials on the list, unless circumstances exist such that it is in the defendant’s interest to appoint otherwise qualified counsel learned in the law of capital punishment by virtue of training or experience. The trial court shall make findings of fact if good cause is found for not appointing list counsel. At least one counsel on appeal must have three (3) years’ experience in the field of criminal appellate law and be learned in the law of capital punishment by virtue of training or experience. In appointing counsel on appeal, the Supreme Court will consider the list, but will have the final discretion in the appointment of counsel. Comment If the period of time for filing the death notice has passed, and the death notice has not been filed, the court may then reduce the number of attorneys to one to proceed with the murder trial. [Adopted effective December 30, 1997; Amended effective January 1, 2003.]

citation: SPRC SPRC 2

rule_number: SPRC 2


title: Court Reporters; Filing of Notes

text: SPRC 3 COURT REPORTERS; FILING OF NOTES (a) At the commencement of a capital case, the trial court will designate one or more court reporters for that case. To the extent practical, only designated reporters will report all hearings. (b) As soon as possible after each hearing, the court reporter’s notes, including electronic and nonelectronic stenographic notes of the hearing, will be submitted to the county clerk’s office. (c) Court reporter’s notes of the hearing shall be indexed and stored by the county clerk’s office. (d) Court reporter’s notes of the hearing shall not be provided to anyone except the court reporter who produced the notes, unless a court order provides otherwise. (e) A court reporter may withdraw the court reporter’s notes of a hearing as required for transcription. The court reporter’s notes shall be returned to the county clerk’s office at the same time the transcript is filed with an appellate court. [Adopted effective December 30, 1997; Amended effective September 1, 2015.]

citation: SPRC SPRC 3

rule_number: SPRC 3


title: Discovery - Special Sentencing Proceeding

text: SPRC 4 DISCOVERY—SPECIAL SENTENCING PROCEEDING Before the guilt phase of the trial begins, pursuant to a schedule set by the court, both parties shall provide discovery, pursuant to CrR 4.7(a) and (b) of evidence that they anticipate offering at the special sentencing proceeding. The trial court has discretion, in accordance with CrR 4.7(h)(4), to defer disclosure of all or part of the defendant’s penalty phase evidence until the guilt phase has been completed. This discovery shall, if necessary, be supplemented pursuant to CrR 4.7(h)(2). [Adopted effective December 30, 1997.]

citation: SPRC SPRC 4

rule_number: SPRC 4


title: Mental Examination of Defendant

text:
SPRC 5 MENTAL EXAMINATION OF DEFENDANT (a) If the defendant may offer at the special sentencing proceeding expert testimony concerning his or her mental condition, the defendant shall notify the prosecuting attorney at least 30 days prior to the start of jury selection. This time may be extended by the court for good cause. (b) If the defendant has provided such notification, the court, on motion of the prosecuting attorney, shall enter an order requiring the defendant to submit to examination by one or more experts designated by the prosecuting attorney. The court shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made. The defendant may have a representative present at the examination, who may observe the examination but not interfere with or otherwise obstruct the examination. Unless otherwise ordered by the court, the defendant or the defendant’s representative may make an audio tape recording of the examination, which shall be made in an unobtrusive manner. (c) By the date set by the court, the defendant or the defendant’s attorney shall provide the State’s experts with any reports generated by defense experts, all raw data relied on, and any test results. The information given to the experts shall be supplemented whenever new materials become available. (d) If the State’s expert believes that the material provided by the defendant is inadequate for a proper evaluation, the expert may request the court to require that further materials be provided. If the defendant fails to cooperate with the examination, the expert may request the court to require the defendant to answer specific questions or participate in specific tests. The court shall consider these requests at a closed hearing. The defendant and his or her attorneys shall be given an opportunity to be heard. The prosecuting attorney shall not be allowed to participate. The record of the hearing shall be sealed as provided in subsection (f). (e) On completing the examination, the prosecution expert shall submit a report setting out the tests performed and their results, the conclusions reached by the expert, and the basis for those conclusions. The report shall be provided to the defendant’s attorney and filed with the court. (f) The expert’s report and materials connected with it shall be sealed. The expert shall not discuss his or her conclusions or any information connected with the examination with anyone, other than the defendant’s attorneys or other experts whose participation is necessary for a proper examination. Any such experts shall be under the same restrictions. (g) Within 24 hours after a jury returns a verdict finding a defendant guilty of aggravated murder in the first degree, the court will require the defendant to elect whether he or she may present expert testimony at the special sentencing proceeding concerning his or her mental condition. If the defendant elects not to present such testimony, the report shall remain permanently sealed, the restrictions set out in subsection (f) shall remain permanently in effect, and the State shall be permanently prohibited from direct or derivative use against the defendant of the report or of materials or information provided to the expert. If the defendant elects to present such testimony, the court shall provide a copy of the experts’ reports to the prosecuting attorney and shall relieve the experts of the restrictions. The prosecuting attorney may use information obtained from the expert solely to rebut expert testimony offered by the defense at the special sentencing proceeding. (h) If, in any subsequent proceeding related to the crimes for which the defendant was convicted, the defendant places his or her mental status in issue, the court may direct that

relevant portions of the experts’ reports be disclosed to the prosecuting attorney and that the experts shall discuss those portions with the prosecuting attorney. [Adopted effective December 30, 1997.]

citation: SPRC SPRC 5

rule_number: SPRC 5


title: Proportionality Questionnaires

text: SPRC 6 PROPORTIONALITY QUESTIONNAIRES (a) Within 14 days after the entry of a judgment and sentence convicting a defendant of aggravated first degree murder, the prosecuting attorney and the defendant's attorney shall each complete a proposed questionnaire in the form specified in RCW 10.95.120. The proposed questionnaires shall be filed with the clerk of the trial court. Copies shall be provided to the court and served on the opposing attorney. (b) The court shall consider the proposed questionnaires and all other information in the record. No hearing shall be held unless the court so directs. Within 30 days after the entry of the judgment and sentence, the court shall complete a final questionnaire. The questionnaire shall be submitted to the clerk of the Supreme Court, to the defendant or his or her attorney, and to the prosecuting attorney. (c) Statements made by an attorney in a proposed questionnaire shall not be considered admissions. Statements made by the court in the final questionnaire shall not be considered findings of fact. The proposed questionnaires and the final questionnaire shall not be used by the parties or the courts for any purpose in connection with the case to which they pertain or any collateral proceeding involving the same defendant. They shall be used only in other cases, for the purpose of making the determination required by RCW 10.95.130(2). (d) In any brief or memorandum, a questionnaire may be cited in the following format: first and last name of defendant, questionnaire number, county of conviction, year of sentencing. For example: “John Doe, no. 9 (Snohomish, 1982).” [Adopted effective December 30, 1997.]

citation: SPRC SPRC 6

rule_number: SPRC 6


title: Destruction of Records, Exhibits, and Stenographic Notes

text: SPRC 7 DESTRUCTION OF RECORDS, EXHIBITS, AND STENOGRAPHIC NOTES No records, exhibits, or stenographic notes shall be considered for destruction in a case in which the death penalty has been imposed while the defendant is still alive. Before destroying any records, exhibits, or notes in a capital case, the clerk will provide 60 days notice by certified mail, return receipt requested, to the prosecuting attorney, to the defendant’s last known attorney of record, and to the defendant. To allow this notice, an attorney who represents the defendant in any challenge to the conviction should notify the clerk of the trial court of the fact of representation and the attorney’s current address. Such notification does not constitute an appearance for any purpose other than receiving notice under this rule. [Adopted effective December 30, 1997.]

citation: SPRC SPRC 7

rule_number: SPRC 7


title: Scope of Rules

text: JuCR 1.1 SCOPE OF RULES These rules relate to procedure in the juvenile court. [Adopted effective July 1, 1978.]

citation: JuCR JuCR 1.1

rule_set: JuCR

rule_number: JuCR 1.1


title: Jurisdiction of Juvenile Court

text: JuCR 1.2 JURISDICTION OF JUVENILE COURT (a) Generally. The jurisdiction of the juvenile court is defined by RCW 13.04.030. (b) Indian Children. In the case of an Indian child, as defined by the federal Indian Child Welfare Act of 1978, jurisdiction and proceedings under these rules shall be in accordance with that act. [Adopted effective July 1, 1978; Amended effective December 18, 1987; September 1, 1997.]

citation: JuCR JuCR 1.2

rule_number: JuCR 1.2


title: Definitions

text: JuCR 1.3 DEFINITIONS The definitions in RCW 13.04.011, RCW 13.32A.030, RCW 13.34.030, RCW 9A.76.010 and RCW 13.40.020 shall apply to these rules. For the purposes of these rules: "Guardian" means a person appointed by court order under RCW 11.88 or RCW 13.34.230, but does not mean a person appointed a guardian ad litem under RCW 11.88.090, RCW 13.34.100, or RCW 26.44.053. [Adopted effective July 1, 1978; Amended effective September 1, 1987.]

citation: JuCR JuCR 1.3

rule_number: JuCR 1.3


title: Applicability of Other Rules

text: JuCR 1.4 APPLICABILITY OF OTHER RULES (a) Civil Rules. The Superior Court Civil Rules shall apply in proceedings other than those involving a juvenile offense when not inconsistent with these rules and applicable statutes. (b) Criminal Rules. The Superior Court Criminal Rules shall apply in juvenile offense proceedings when not inconsistent with these rules and applicable statutes. (c) Evidence Rules. The Rules of Evidence shall apply in juvenile court proceedings to the extent and with the exceptions stated in ER 1101. (d) Local Rules. The local rules of a juvenile court shall apply when not inconsistent with these rules and applicable statutes. Local rules for juvenile court proceedings must be adopted in accordance with GR 7. [Adopted effective July 1, 1978; Amended effective January 1, 1981; September 1, 1987.]

citation: JuCR JuCR 1.4

rule_number: JuCR 1.4


title: Continuation of Actions

text: JuCR 1.5 CONTINUATION OF ACTIONS (a) Dependency and Termination Proceedings. (1) Actions filed on or after May 1, 1978, alleging dependency or seeking the termination of the parent-child relationship, in which the court has not entered a final order of dependency or termination prior to July 1, 1978, shall, after July 1, 1978, be governed by RCW 13.34 and these rules. (2) The status of all juveniles found to be dependent prior to July 1, 1978, shall be reviewed as provided in RCW 13.34.130. (3) Any proceeding to modify a disposition order in a case involving a juvenile found, prior to July 1, 1978, to be dependent shall be governed by RCW 13.34 and these rules. (4) The court may modify the application of this section to a particular case when, in the opinion of the court, that application would work injustice. (b) Juvenile Offense Proceedings. Juvenile offense proceedings shall be governed by the law in effect on the date the offense is found to have taken place. [Adopted effective July 1, 1978; Amended effective September 1, 1997; September 1, 1999.]

citation: JuCR JuCR 1.5

rule_number: JuCR 1.5


title: Physical Restraints in the Courtroom

text: JuCR 1.6 PHYSICAL RESTRAINTS IN THE COURTROOM (a) Use of Restraints on Juvenile Respondents. Juveniles shall not be brought before the court wearing any physical restraint devices except when ordered by the court during or prior to the hearing. Instruments of restraint, such as handcuffs, ankle chains, waist chains, straitjackets, electric-shock producing devices, gags, spit masks and all other devices that restrain an individual’s freedom of movement shall not be used on a respondent during a court proceeding and must be removed prior to the respondent’s appearance before the court unless the court finds both that: (1) The use of restraints is necessary due to one of the following factors: (A) Present behavior of the respondent represents a current threat to his or her own safety, or the safety of other people in the courtroom; (B) Recent disruptive courtroom behavior of the respondent has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm to himself or herself or others; or (C) Present behavior of the respondent presents a substantial risk of flight from the courtroom; and (2) There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the respondent or another person, including, but not limited to, the presence of court personnel, law enforcement officers, or bailiffs. (b) Challenge to the Use of Restraints. Before or after any juvenile is ordered restrained, the court shall permit any party to be heard on the issue of whether the use of physical restraints is necessary in a particular situation or as to a particular child. [Adopted effective September 1, 2014.]

citation: JuCR JuCR 1.6

rule_number: JuCR 1.6


title: Placement of Juvenile in Shelter Care Generally

text: JuCR 2.1 PLACEMENT OF JUVENILE IN SHELTER CARE GENERALLY (a) Without Court Order. A juvenile may be placed in shelter care without court order if the juvenile has been taken into custody pursuant to RCW 13.34.055 or RCW 26.44.050. (b) With Court Order. A juvenile may be placed in shelter care with a court order if: (1) A dependency petition has been filed pursuant to rule 3.2 and a motion has been made pursuant to section (c); or (2) The juvenile has previously been found to be dependent, is the subject of a disposition order still in effect, and a motion has been made pursuant to section (c). (c) Obtaining an Order to Take Child into Custody--Supporting Affidavit or Declaration Filed. A request for an order pursuant to RCW 13.34.050 shall be by motion supported by an affidavit or declaration filed by the department in support of the petition setting forth specific factual information pursuant to RCW 13.34.050 and demonstrating a risk of imminent harm for the child. (d) Obtaining an Order to Take Child into Custody--No Supporting Affidavit or Declaration Filed. A request for an order pursuant to RCW 13.34.050 in which the department has not filed with the court a supporting affidavit or declaration shall not be approved until the parents have been provided notice and the opportunity to be heard. [Adopted effective July 1, 1978; Amended effective September 1, 1987; September 1, 1999.]

citation: JuCR JuCR 2.1

rule_number: JuCR 2.1


title: Release of Juvenile From Shelter Care Without Hearing

text: JuCR 2.2 RELEASE OF JUVENILE FROM SHELTER CARE WITHOUT HEARING (a) If Shelter Care Is Without Court Order. If a juvenile is taken into shelter care without a court order pursuant to RCW 13.34.055 or RCW 26.44.050, the juvenile shall be released unless a petition alleging dependency is filed within 72 hours (excluding Sundays and holidays) after taking the juvenile into custody. (b) If Shelter Care Is With Court Order. If a juvenile is taken into shelter care pursuant to a court order, the juvenile shall be released unless an order authorizing continued shelter care is entered within 72 hours (excluding Sundays and holidays) after the juvenile is taken into custody. [Adopted effective July 1, 1978; Amended effective September 1, 1987.]

citation: JuCR JuCR 2.2

rule_number: JuCR 2.2


title: Right to and Notice of Shelter Care Hearing

text: JuCR 2.3 RIGHT TO AND NOTICE OF SHELTER CARE HEARING (a) Notice of Right to Shelter Care Hearing. The notice of the right to request a shelter care hearing required by RCW 13.34.060 shall be given to the child, his or her parents, guardian, or custodian as soon as possible and in no event longer than 24 hours of the taking into custody of the child, and in accordance with rule 11.2. (b) Shelter Care Hearing Required. The court shall hold a shelter care hearing within 72 hours after the child is taken into custody, excluding Saturdays, Sundays, and holidays. If a parent, guardian, or legal custodian desires to waive the shelter care hearing, the court shall determine, on the record and with the parties present, that such waiver is knowing and voluntary. (c) Notice of Shelter Care Hearing. The notice required by RCW 13.34.060(2) shall be given in accordance with rule 11.2. The notice shall inform the parents, guardian, or custodian of their right to a lawyer as provided in Title 9 of these rules. (d) Indian Children. If the petitioner knows or has reason to know that the juvenile is an Indian child as defined by the federal Indian Child Welfare Act, the petitioner shall notify the child's tribe in the manner required by RCW 13.34.070(10) and 25 U.S.C. 1912. [Adopted effective July 1, 1978; Amended effective September 1, 1987; September 1, 1993; September 1, 1997.]

citation: JuCR JuCR 2.3

rule_number: JuCR 2.3