title: Seizure of Person or Property

text: CR 64 SEIZURE OF PERSON OR PROPERTY At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law existing at the time the remedy is sought. The remedies thus available include arrest, attachment, garnishment, replevin, sequestration, and other corresponding or equivalent remedies, however designated and regardless of whether the remedy is ancillary to an action or must be obtained by an independent action. [Adopted effective July 1, 1967.]

citation: CR CR 64

rule_number: CR 64


doc_type: court-rule

jurisdiction: wa

title: Injunctions

text:
CR 65 INJUNCTIONS (a) Preliminary Injunction. (1) Notice. No preliminary injunction shall be issued without notice to the adverse party. (2) Consolidation of Hearing With Trial on Merits. Before or after the commencement of the hearing of an application for a preliminary injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application. Even when this consolidation is not ordered, any evidence received upon an application for a preliminary injunction which would be admissible upon the trial on the merits becomes part of the record on the trial and need not be repeated upon the trial. This subsection shall be so construed and applied as to save to the parties any rights they may have to trial by jury. (b) Temporary Restraining Order; Notice; Hearing; Duration. A temporary restraining order may be granted without written or oral notice to the adverse party or the adverse party’s attorney only if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party her or his attorney can be heard in opposition, and (2) the applicant’s attorney certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the applicant’s claim that notice should not be required. Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance; shall be filed forthwith in the clerk's office and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice; and shall expire by its terms within such time after entry, not to exceed 14 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record. In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character; and when the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a preliminary injunction and, if the party does not do so, the court shall dissolve the temporary restraining order. On 2 days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require. (c) Security. Except as otherwise provided by statute, no restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. No such security shall be required of the United States or of an officer or agency thereof or of an Indian tribe within the State of Washington with a governing body duly recognized by the United States Secretary of Interior or of an officer or agency thereof. Pursuant to RCW 4.92.080 no security shall be required of the State of Washington, municipal corporations or political subdivisions of the State of Washington. The provisions of rule 65.1 apply to a surety upon a bond or undertaking under this rule. (d) Form and Scope. Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.

(e) Statutes. These rules are intended to supplement and not to modify any statute prescribing the basis for obtaining injunctive relief. These rules shall prevail over statutes if there are procedural conflicts. [Adopted effective July 1, 1967; Amended effective July 1, 1974; January 1, 1981; September 1, 1989; April 28, 2015; September 19, 2023.]

license: public-domain-government-work

citation: CR CR 65

rule_set: CR

rule_number: CR 65


title: Security--Proceedings Against Sureties

text: CR 65.1 SECURITY--PROCEEDINGS AGAINST SURETIES Whenever these rules require or permit the giving of security by a party, and security is given in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits to the jurisdiction of the court and irrevocably appoints the clerk of the court as the surety’s agent upon whom any papers affecting the surety’s liability on the bond or undertaking may be served. The surety’s liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the sureties if their addresses are known. [Adopted effective July 1, 1967; Amended effective April 28, 2015.]

citation: CR CR 65.1


title: Receivership Proceedings

text: CR 66 RECEIVERSHIP PROCEEDINGS [Reserved. See RCW ch. 7.60.] [Adopted effective July 1, 1967; Amended effective September 1, 2006.]

citation: CR CR 66

rule_number: CR 66


title: Deposit in Court

text: CR 67 DEPOSIT IN COURT In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing, whether or not that party claims all or any part of the sum or thing. The party making the deposit shall serve the order permitting deposit on the clerk of the court. Money paid into court under this rule shall be deposited and withdrawn in accordance with the provisions of RCW 4.44.480 through 4.44.500 or any like statute or rule. [Adopted effective July 1, 1967; Amended effective September 1, 1985.]

citation: CR CR 67

rule_number: CR 67


title: Offer of Judgment

text: CR 68 OFFER OF JUDGMENT At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against the defending party for the money or property or to the effect specified in the defending party’s offer, with costs then accrued. If within 10 days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the court shall enter judgment. An offer not accepted shall be deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer. The fact that an offer is made but not accepted does not preclude a subsequent offer. When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than 10 days prior to the commencement of hearings to determine the amount or extent of liability. [Adopted effective July 1, 1967; Amended effective April 28, 2015.]

citation: CR CR 68

rule_number: CR 68


title: Execution

text: CR 69 EXECUTION (a) Procedure. The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the practice and procedure of the State as authorized in RCW 6.13, 6.15, 6.17, 6.19, 6.21, 6.23, 6.32, 6.36, and any other applicable statutes. (b) Supplemental Proceedings. In aid of the judgment or execution, the judgment creditor or successor in interest when that interest appears of record, may examine any person, including the judgment debtor, in the manner provided in these rules for taking depositions or in the manner provided by RCW 6.32. [Adopted effective July 1, 1967; Amended effective September 1, 1993; April 28, 2015.]

citation: CR CR 69

rule_number: CR 69


title: Judgment for Specific Acts; Vesting Title

text: CR 70 JUDGMENT FOR SPECIFIC ACTS; VESTING TITLE If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the state, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the clerk. [Adopted effective July 1, 1967.]

citation: CR CR 70

rule_number: CR 70


title: Appearance by Attorney

text: CR 70.1 APPEARANCE BY ATTORNEY (a) Notice of Appearance. An attorney admitted to practice in this state may appear for a party by serving a notice of appearance. (b) Notice of Limited Appearance. If specifically so stated in a notice of limited appearance filed and served prior to or simultaneously with the proceeding, an attorney’s role may be limited to one or more individual proceedings in the action. Service on an attorney who has made a limited appearance for a party shall be valid (to the extent permitted by statute and Rule 5(b)) only in connection with the specific proceedings for which the attorney has appeared, including any hearing or trial at which the attorney appeared and any subsequent motions for presentation of orders. At the conclusion of such proceedings the attorney’s role terminates without the necessity of leave of court, upon the attorney filing notice of completion of limited appearance which notice shall include the client information required by Rule 71 (c)(1). [Adopted effective October 29, 2002.]

citation: CR CR 70.1


title: Withdrawal by Attorney

text: CR 71 WITHDRAWAL BY ATTORNEY (a) Withdrawal by Attorney. Service on an attorney who has appeared for a party in a civil proceeding shall be valid to the extent permitted by statute and rule 5(b) only until the attorney has withdrawn in the manner provided in sections (b), (c), and (d). Nothing in this rule defines the circumstances under which a withdrawal might be denied by the court. (b) Withdrawal by Order. A court appointed attorney may not withdraw without an order of the court. The client of the withdrawing attorney must be given notice of the motion to withdraw and the date and place the motion will be heard. (c) Withdrawal by Notice. Except as provided in sections (b) and (d), an attorney may withdraw by notice in the manner provided in this section. (1) Notice of Intent To Withdraw. The attorney shall file and serve a Notice of Intent To Withdraw on all other parties in the proceeding. The notice shall specify a date when the attorney intends to withdraw, which date shall be at least 10 days after the service of the Notice of Intent To Withdraw. The notice shall include a statement that the withdrawal shall be effective without order of court unless an objection to the withdrawal is served upon the withdrawing attorney prior to the date set forth in the notice. If notice is given before trial, the notice shall include the date set for trial. The notice shall include the names and last known addresses of the persons represented by the withdrawing attorney, unless disclosure of the address would violate the Rules of Professional Conduct, in which case the address may be omitted. If the address is omitted, the notice must contain a statement that after the attorney withdraws, and so long as the address of the withdrawing attorney's client remains undisclosed and no new attorney is substituted, the client may be served by leaving papers with the clerk of the court pursuant to rule 5(b)(1). (2) Service on Client. Prior to service on other parties, the Notice of Intent To Withdraw shall be served on the persons represented by the withdrawing attorney or sent to them by certified mail, postage prepaid, to their last known mailing addresses. Proof of service or mailing shall be filed, except that the address of the withdrawing attorney's client may be omitted under circumstances defined by subsection (c)(1) of this rule. (3) Withdrawal Without Objection. The withdrawal shall be effective, without order of court and without the service and filing of any additional papers, on the date designated in the Notice of Intent To Withdraw, unless a written objection to the withdrawal is served by a party on the withdrawing attorney prior to the date specified as the day of withdrawal in the Notice of Intent To Withdraw. (4) Effect of Objection. If a timely written objection is served, withdrawal may be obtained only by order of the court. (d) Withdrawal and Substitution. Except as provided in section (b), an attorney may withdraw if a new attorney is substituted by filing and serving a Notice of Withdrawal and Substitution. The notice shall include a statement of the date on which the withdrawal and substitution are effective and shall include the name, address, Washington State Bar Association membership number, and signature of the withdrawing attorney and the substituted attorney. If an attorney changes firms or offices, but another attorney in the previous firm or office will become counsel of record, a Notice of Withdrawal and Substitution shall nevertheless be filed. [Adopted effective July 1, 1967; Amended effective July 1, 1976; October 11, 1985; September 1, 1990.]

citation: CR CR 71

rule_number: CR 71


title: Reserved

text: 9. APPEALS (CR 72-76) [RESERVED]


title: Superior Courts and Judicial Officers

text:
CR 77 SUPERIOR COURTS AND JUDICIAL OFFICERS (a) Original Jurisdiction. [Reserved. See RCW 2.08.010.] (b) Powers of Superior Courts. (1) Powers of Court in Conduct of Judicial Proceedings. [Reserved. See RCW 2.28.010.] (2) Punishment for Contempt. [Reserved. See RCW 2.28.020.] (3) Implied Powers. [Reserved. See RCW 2.28.150.] (c) Powers of Judicial Officers. (1) Judges Distinguished From Court. [Reserved. See RCW 2.28.050.] (2) Judicial Officers Defined--When Disqualified. [Reserved. See RCW 2.28.030.] (3) Powers of Judicial Officers. [Reserved. See RCW 2.28.060.] (4) Judicial Officer May Punish for Contempt. [Reserved. See RCW 2.28.070.] (5) Powers of Judges of Supreme and Superior Courts. [Reserved. See RCW 2.28.080.] (6) Powers of Inferior Judicial Officers. [Reserved. See RCW 2.28.090.] (7) Powers of Judge in Counties of Judge’s District. [Reserved. See RCW 2.08.190.] (8) Visiting Judges. (A) Assignments. (i) Visiting judges at direction of Governor. [Reserved. See RCW 2.08.140.] (ii) Visiting judges at request of judge or judges. [Reserved. See RCW 2.08.140 and 2.08.150.] (iii) Court administrator--make recommendations. [Reserved. See RCW 2.56.030(3).] (iv) Duty of judges to comply with Chief Justices direction. [Reserved. See RCW 2.56.040.] (B) Powers. Whenever a visiting judge has heard or tried any case or matter and has departed from the county, the visiting judge may require the argument on any posttrial motion to be submitted to the visiting judge on briefs at such place within the state as the visiting judge may designate and the visiting judge may sign findings of fact, conclusions of law, judgments and posttrial orders anywhere within the state. See also RCW 2.08.140 and 2.08.150. (9) Judges Pro Tempore. [Reserved. See RCW 2.08.180.] (10) Change of Judge. [Reserved. See RCW 4.12.040 and 4.12.050.] (11) Court May Fix Amount of Bond in Civil Actions. [Reserved. See RCW 4.44.470.] (d) Superior Courts Always Open. The superior courts are courts of record, and shall be

always open, except on nonjudicial days. (e) No Court on Legal Holidays--Exceptions. [Reserved. See RCW 2.28.100.] (f) Sessions. The superior court shall hold regular and special sessions at the county seats of the several counties at such times as the judges may determine and at such other places within the county as are designated by the judge or judges thereof with the approval of the chief justice of the supreme court of this state and of the governing body of the county. Special sessions, i.e., mental illness hearings, juvenile hearings, and proceedings which are authorized to be held before a court commissioner may be held at such times and places as the judges may authorize. (g) Adjournments. (1) Power. [Reserved. See RCW 2.28.120.] (2) Automatic. [Reserved. See RCW 2.28.110.] (3) Effect. [Reserved. See RCW 2.08.040.] (h) [Reserved.] (i) Sessions Where More Than One Judge Sits--Effect of Decrees, Orders, etc. [Reserved. See RCW 2.08.160.] (j) Trials and Hearings; Orders in Chambers. Except as otherwise authorized by these rules or by statute, all trials upon the merits shall be conducted in open court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the county; but no hearing, other than one ex parte, shall be conducted outside the county in which the cause or proceedings are pending without the consent of all parties affected thereby. (k) Motion Day--Local Rules. Unless local conditions make it impracticable, the superior court in each county shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the judge at any time or place and on such notice, if any, as the judge considers reasonable may make orders for the advancement, conduct, and hearing of actions. (l) Submission on Briefs. To expedite its business, the court may make provision by rule or order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition. (m) Stipulations. See rule 16. (n) Seal of Court. [Reserved. See RCW 2.08.050.] [Adopted effective July 1, 1967; Amended effective May 24, 1978; September 1, 1992; September 1, 2003; April 28, 2015.]

citation: CR CR 77

rule_number: CR 77


title: Clerks

text: CR 78 CLERKS (a) Powers and Duties of Clerks. [Reserved. See RCW 2.32.050.] (b) Office Hours. The clerk's office with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays, and legal holidays. (c) Orders by Clerk. All motions and applications in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but the clerk’s action may be suspended or altered or rescinded by the court upon cause shown. (d) Filing of Depositions. Upon the filing of a deposition transcript in any case pursuant to rule 5(i), the clerk shall forthwith endorse the date of the filing upon the envelope, and shall enter the same upon the case history docket. (e) Entry of Judgments and Costs. The clerk shall enter judgment or decree pursuant to the provisions of rule 58 and the same shall then be entered for the sum found due or the relief awarded, with costs and disbursements, if any, to be taxed. Entry of judgment shall not be delayed for the taxing of costs. If no cost bill is filed by the party to whom costs are awarded within 10 days after the entry of the judgment or decree, the clerk shall proceed to tax the following costs and disbursements, namely: (1) The statutory attorney fee; (2) The clerk's fee; and (3) The sheriff's fee. If a cost bill is filed, the clerk shall enter as the amount to be recovered the amount claimed in such cost bill, and no motion to retax costs shall be considered unless the same be filed within six (6) days after the filing of the cost bill. For purposes of this subsection (e), “cost bill” also includes affidavit detailing disbursements. (f) Bonds. The clerk shall at once upon the filing of a bond (except bond for costs) enter the same at large upon the journal. The clerk shall endorse upon every affidavit or undertaking filed to procure a writ of attachment, the day, hour, and minute of filing thereof. [Adopted effective July 1, 1967; Amended effective September 1, 1988; September 1, 2007; April 28, 2015.]

citation: CR CR 78

rule_number: CR 78


title: Books and Records Kept by the Clerk

text: CR 79 BOOKS AND RECORDS KEPT BY THE CLERK (a) Civil Docket. [Reserved.] (b) Civil Judgments and Orders. (1) Generally. [Reserved.] (2) Entry of Judgment in Journal. [Reserved. See RCW 4.64.030.] (3) Judgment Roll. [Reserved. See RCW 4.64.040.] (4) Identification of Judgment Roll. [Reserved. See RCW 4.64.050.] (5) Execution Docket. [Reserved. See RCW 4.64.060.] (6) Entry of Verdict in Execution Docket. [Reserved. See RCW 4.64.020.] (7) Entries in Execution Docket. [Reserved. See RCW 4.64.080.] (8) Transcript of Justice Docket. [Reserved. See RCW 4.64.110.] (9) Entry of Abstract or Transcript of Judgment. [Reserved. See RCW 4.64.120.] (10) Abstract of Judgment. [Reserved. See RCW 4.64.090.] (11) Abstract of Verdict--Cessation of Lien. [Reserved. See RCW 4.64.100.] (c) Indices; Calendars. [Reserved.] (d) Other Books and Records of Clerk. [Reserved.] (e) Destruction of Records. [Reserved. See RCW 36.23.065 and GR 15.] (f) List of Pending Decisions. The clerk of each county shall maintain a permanent, public record showing each case submitted to a judge and not yet decided. Said list shall clearly show what, if any, further action is to be taken by any party or counsel and when said action should be taken. Said list shall be called to the attention of every judge in said county on the first Monday of each calendar month. Any case which shall have been submitted to any visiting judge and not yet decided shall be called to the attention of such visiting judge by mail on said dates. [Adopted effective July 1, 1967; Amended effective November 25, 1968; November 17, 1989.]

citation: CR CR 79

rule_number: CR 79


title: Court Reporters

text: CR 80 COURT REPORTERS (a) [Reserved.] (b) Electronic Recording. Except as provided in SPRC 3 regarding capital cases, any civil or criminal proceedings may be recorded electronically in lieu of or supplementary to causing shorthand or stenographic notes thereof to be taken. The use of such devices shall rest within the sole discretion of the court. If proceedings are recorded electronically, the judicial officer shall assure that all case participants identify themselves for the record. (c) The judicial officer shall assure that all case participants identify themselves for the record. [Adopted effective July 1, 1967; Amended effective September 1, 1984; May 8, 1987; December 10, 1993; September 1, 2015.]

citation: CR CR 80

rule_number: CR 80


title: Electronic Recording Log

text: CR 80.1 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: CR CR 80.1


title: Applicability in General

text: CR 81 APPLICABILITY IN GENERAL (a) To What Proceedings Applicable. Except where inconsistent with rules or statutes applicable to special proceedings, these rules shall govern all civil proceedings. Where statutes relating to special proceedings provide for procedure under former statutes applicable generally to civil actions, the procedure shall be governed by these rules. (b) Conflicting Statutes and Rules. Subject to the provisions of section (a) of this rule, these rules supersede all procedural statutes and other rules that may be in conflict. [Adopted effective July 1, 1967.]

citation: CR CR 81

rule_number: CR 81


title: Venue

text: CR 82 VENUE (a) Nonresident. An action against a nonresident of this state may be brought: (1) In any county in which service of process may be had; or (2) In a county in which the acts, or any of them, were done which gave rise to service under RCW 4.28.180 and 4.28.185; or (3) In the county in which the plaintiffs, or any of them, reside. (b) Request--Waiver. If an action is brought in the wrong county, the action may nevertheless be tried therein unless the defendant, pursuant to the provisions of rule 12, requests that the trial be held in the proper county and files an affidavit of merits. (c) Default. See rule 55(c). No order of default shall be entered if it clearly appears to the court from the papers on file that the action was brought in an improper county, except as provided in rule 55(c)(2)(a) or (b). (d) Change of Venue--Fees. Any fees or costs required to be paid by a party pursuant to RCW 4.12.090 shall be to the clerk of the county from which the case is being transferred by check or money order made payable to the clerk of the county to which the case is being transferred. [Adopted effective July 1, 1967; Amended effective July 1, 1975; September 1, 1978; January 1, 1981.]

citation: CR CR 82

rule_number: CR 82


title: Tribal Court Jurisdiction

text:
CR 82.5 TRIBAL COURT JURISDICTION (a) Indian Tribal Court; Exclusive Jurisdiction. Where an action is brought in the superior court of any county of this state, and where, under the Laws of the United States, exclusive jurisdiction over the matter in controversy has been granted or reserved to an Indian tribal court of a federally recognized Indian tribe, the superior court shall, upon motion of a party or upon its own motion, dismiss such action pursuant to CR 12(b)(1), unless transfer is required under federal law. (b) Indian Tribal Court; Concurrent Jurisdiction. Where an action is brought in the superior court of any county of this state, and where, under the Laws of the United States, concurrent jurisdiction over the matter in controversy has been granted or reserved to an Indian tribal court of a federally recognized Indian tribe, the superior court may, if the interests of justice require, cause such action to be transferred to the appropriate Indian tribal court. In making such determination, the superior court shall consider, among other things, the nature of the action, the interests and identities of the parties, the convenience of the parties and witnesses, whether state or tribal law will apply to the matter in controversy, and the remedy available in such Indian tribal court. (c) Enforcement of Indian Tribal Court Orders, Judgments or Decrees. (1) The superior courts of the State of Washington shall recognize, implement and enforce the orders, judgments and decrees of Indian tribal courts in matters in which either the exclusive or concurrent jurisdiction has been granted or reserved to an Indian tribal court of a federally recognized tribe under the Laws of the United States, unless the superior court finds the tribal court that rendered the order, judgment or decree (A) lacked jurisdiction over a party or the subject matter, (B) denied due process as provided by the Indian Civil Rights Act of 1968, or (C) does not reciprocally provide for recognition and implementation of orders, judgments and decrees of the superior courts of the State of Washington. (2) The superior court may attempt to resolve any issues raised regarding an Indian tribal court money judgment by contacting the Indian tribal court that issued the judgment. The superior court shall follow the procedure for communicating with the Indian tribal court outlined in subsection (d) of this rule. (d) Communication between Superior Court of Any County of this State and Indian Tribal Court. (1) A superior court of any county of this state may communicate with any Indian tribal court concerning co-occurring proceedings, whether they are active or have been concluded. The parties shall provide to the respective courts the identity, contact information, and a case or docket number of the other court’s proceedings to facilitate this communication. (2) The superior court may allow the parties to participate in the communication. If the parties are not able or allowed to participate in the communication, they shall be given an

opportunity to present facts and legal arguments in writing before a decision is made regarding the communication, or the subject of communication, by the superior court. The Indian tribal court’s procedures and customs shall determine the parties’ participation in the Indian tribal court proceedings. (3) The superior court shall make a record of a communication made pursuant to this section. The parties shall be informed promptly of the communication by the superior court and granted access to the record. The Indian tribal court’s procedures shall determine whether and how a record is made in Indian tribal court proceedings, and whether and how parties may be informed of the communication or granted access to a record of the communication. (4) Except as otherwise provided in subsection (3) of this section, communication between the superior court and the Indian tribal court regarding scheduling, administrative or emergency purposes, and similar matters may occur without informing the parties. The superior court need not make a record of the communication under this section. The Indian tribal court’s procedures shall determine whether and how a record is made in Indian tribal court proceedings of such communication. (5) For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (6) The superior court shall follow the procedures set forth in subsection (3) of this section when communicating regarding adult criminal matters, except as otherwise authorized by law. The Indian tribal court’s procedures shall determine the requirements for communication regarding adult criminal matters in Indian tribal court proceedings. Superior courts and Indian tribal courts may communicate about the orders prohibiting contact as set forth in subsections (1) - (5) above. [Adopted effective September 1, 1995; Amended effective September 24, 2019.]

citation: CR CR 82.5


title: Local Rules of Court

text: CR 83 LOCAL RULES OF COURT (a) Adoption. Each court by action of a majority of the judges may from time to time make and amend local rules governing its practice not inconsistent with these rules. Local rules shall be numbered and indexed in a manner consistent with the numbering and index system for the Civil Rules. (b) Filing with the Administrator for the Courts. Local rules and amendments become effective only after they are filed with the state Administrator for the Courts in accordance with GR 7. [Adopted effective July 1, 1967; Amended effective January 1, 1976; January 1, 1981; October 19, 1999.]

citation: CR CR 83

rule_number: CR 83


title: Forms (Reserved)

text: CR 84 FORMS [RESERVED] [Adopted effective July 1, 1967]

citation: CR CR 84

rule_number: CR 84


title: Title of Rules

text: CR 85 TITLE OF RULES These rules shall be known and cited as the Superior Court Civil Rules. CR is the official abbreviation. [Adopted effective July 1, 1967.]

citation: CR CR 85

rule_number: CR 85


title: Effective Dates

text: CR 86 EFFECTIVE DATES Generally--Pending Actions. These rules and amendments promulgated pursuant to authority granted to the Supreme Court shall govern all proceedings in actions after they take effect, and also all further proceedings in actions pending on their effective dates, except to the extent that in the opinion of the superior court, expressed by its order, the application of rules in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the procedure existing at the time the action was brought applies. [Adopted effective July 1, 1967.]

citation: CR CR 86

rule_number: CR 86


title: Application of Rules

text: SCCAR 1.1 APPLICATION OF RULES These arbitration rules apply to arbitration of civil actions under RCW 7.06. These rules do not apply to arbitration by private agreement or to arbitration under other statutes, except by stipulation under rule 8.1. [Adopted effective July 1, 1980; Amended effective December 3, 2019.]

citation: SCCAR SCCAR 1.1

rule_set: SCCAR

rule_number: SCCAR 1.1


title: Matters Subject to Arbitration

text: SCCAR 1.2 MATTERS SUBJECT TO ARBITRATION A civil action, other than an appeal from a court of limited jurisdiction, is subject to arbitration under these rules if the action is at issue in a superior court in a county which has authorized arbitration under RCW 7.06, if (1) the action is subject to mandatory arbitration as provided in RCW 7.06, (2) all parties, for purposes of arbitration only, waive claims in excess of the amount authorized by RCW 7.06, exclusive of attorney fees, interest and costs, or (3) the parties have stipulated to arbitration pursuant to rule 8.1. [Adopted effective July 1, 1980; Amended effective September 1, 1984; September 1, 1989; December 3, 2019.]

citation: SCCAR SCCAR 1.2

rule_number: SCCAR 1.2


title: Relationship to Superior Court Jurisdiction and Other Rules

text: SCCAR 1.3 RELATIONSHIP TO SUPERIOR COURT JURISDICTION AND OTHER RULES (a) Superior Court Jurisdiction. A case filed in the superior court remains under the jurisdiction of the superior court in all stages of the proceeding, including arbitration. Except for the authority expressly given to the arbitrator by these rules, all issues shall be determined by the court. (b) Which Rules Apply. (1) Generally. Until a case is assigned to the arbitrator under rule 2.3, the rules of civil procedure apply. After a case is assigned to the arbitrator, these arbitration rules apply except where an arbitration rule states that a civil rule applies. (2) Service. After a case is assigned to an arbitrator, all pleadings and other papers shall be served in accordance with CR 5 and filed with the arbitrator. (3) Time. Time shall be computed in accordance with CR 6(a) and (e). (4) Voluntary Dismissal. The arbitrator shall have the power to dismiss an action, under the same conditions and with the same effect as set forth in CR 41(a), at any time prior to the filing of an award. [Adopted effective July 1, 1980; Amended effective September 1, 1989; September 1, 1991; December 3, 2019.]

citation: SCCAR SCCAR 1.3

rule_number: SCCAR 1.3


title: Transfer to Arbitration

text: SCCAR 2.1 TRANSFER TO ARBITRATION The point at which a case is transferred to arbitration and the procedures for accomplishing the transfer to an arbitration calendar shall be established by local rule adopted in accordance with rule 8.2. [Adopted effective July 1, 1980; Amended effective December 3, 2019.]

citation: SCCAR SCCAR 2.1

rule_number: SCCAR 2.1


title: Court May Determine Arbitrability

text: SCCAR 2.2 COURT MAY DETERMINE ARBITRABILITY (a) Generally. The court may, on its own motion or on motion of a party, determine whether a case is actually subject to arbitration under RCW 7.06.020 and rule 1.2 and may accordingly order a case transferred to or from the arbitration calendar. Only in extraordinary circumstances after a case has been assigned to an arbitrator under rule 2.3 will the court order a case returned from the arbitration calendar to the trial calendar. (b) Effect on Right To Appeal. If a party asserts a claim which disqualifies a case for arbitration but the court nevertheless orders a transfer to arbitration under section (a), any party is deemed aggrieved under rule 7.1 if the arbitrator awards less than the party's original claim. [Adopted effective July 1, 1980; Amended effective December 3, 2019.]

citation: SCCAR SCCAR 2.2

rule_number: SCCAR 2.2


title: Assignment to Arbitrator

text: SCCAR 2.3 ASSIGNMENT TO ARBITRATOR (a) Generally. The parties may select an arbitrator by stipulation. If an arbitrator is not chosen by stipulation within 14 days after a case has been placed on the arbitration calendar, the court shall promptly select an arbitrator and notify the arbitrator and the parties of the assignment. The case is deemed assigned for purposes of rule 1.3 upon the final selection of the arbitrator under this rule. (b) Communication With Potential Arbitrator Restricted. The restrictions on communication defined by rule 4.1 apply to communication with a person under consideration as a possible arbitrator in a case. [Adopted effective July 1, 1980; Amended effective December 3, 2019.]

citation: SCCAR SCCAR 2.3

rule_number: SCCAR 2.3


title: Qualifications

text: SCCAR 3.1 QUALIFICATIONS Unless otherwise ordered or stipulated, an arbitrator must be a member in good standing of the Washington State Bar Association who has been admitted to the Bar for a minimum of 5 years, or who is a retired judge. The parties may stipulate to a nonlawyer arbitrator. Unless waived pursuant to RCW 7.06.040(2)(b), a person may not serve as an arbitrator unless the person has completed a minimum of three credits of Washington State Bar Approved continuing legal education credits on the professional and ethical considerations for serving as an arbitrator. A person serving as an arbitrator must file a declaration or affidavit stating or certifying to the appointing court that the person is in compliance with qualifications described in RCW 7.06.040. The court is authorized to remove an individual from a list of qualified arbitrators for good cause. [Adopted effective July 1, 1980; Amended effective September 1, 2008; December 3, 2019.]

citation: SCCAR SCCAR 3.1

rule_number: SCCAR 3.1


title: Authority of Arbitrators

text: SCCAR 3.2 AUTHORITY OF ARBITRATORS (a) Authority of Arbitrator. An arbitrator has the authority to: (1) Decide procedural issues arising before or during the arbitration hearing, except issues relating to the qualifications of an arbitrator; (2) Invite, with reasonable notice, the parties to submit trial briefs; (3) Examine any site or object relevant to the case; (4) Issue a subpoena under rule 4.3; (5) Administer oaths or affirmations to witnesses; (6) Rule on the admissibility of evidence under rule 5.3; (7) Determine the facts, decide the law, and make an award; (8) Award costs and attorney fees as authorized by law; and (9) Perform other acts as authorized by these rules or local rules adopted and filed under rule 8.2. (b) Authority of the Court. The court shall decide: (1) Motions for involuntary dismissal, motions to change or add parties to the case, and motions for summary judgment; and (2) Issues relating to costs and attorney fees if those issues cannot otherwise be decided by the arbitrator. [Adopted effective July 1, 1980; Amended effective September 1, 1989; September 1, 1994; September 1, 2011; December 3, 2019.]

citation: SCCAR SCCAR 3.2

rule_number: SCCAR 3.2


title: Restrictions on Communication Between Arbitrator and Parties

text: SCCAR 4.1 RESTRICTIONS ON COMMUNICATION BETWEEN ARBITRATOR AND PARTIES No disclosure of any offers of settlement made by any party shall be made to the arbitrator prior to the announcement of the award. Neither counsel nor a party may communicate with the arbitrator regarding the merits of the case except in the presence of, or on reasonable notice to, all other parties. [Adopted effective July 1, 1980; Amended effective September 1, 2001; December 3, 2019.]

citation: SCCAR SCCAR 4.1

rule_number: SCCAR 4.1


title: Discovery

text: SCCAR 4.2 DISCOVERY After the assignment of a case to the arbitrator, a party may conduct discovery as follows: (1) request from the arbitrator an examination under CR 35; (2) request admissions from a party under CR 36; and (3) take the deposition of another party. A party may request additional discovery from the arbitrator, including interrogatories, and the arbitrator will allow additional discovery only when reasonably necessary. [Adopted effective July 1, 1980; Amended effective September 1, 2009; December 3, 2019.]

citation: SCCAR SCCAR 4.2

rule_number: SCCAR 4.2


title: Subpoena

text: SCCAR 4.3 SUBPOENA In accordance with CR 45, a lawyer of record or the arbitrator may issue a subpoena for the attendance of a witness at the arbitration hearing or for the production of documentary evidence at the hearing. A subpoena for discovery purposes may be issued only with the permission of the arbitrator or by stipulation. [Adopted effective July 1, 1980; Amended effective December 3, 2019.]

citation: SCCAR SCCAR 4.3

rule_number: SCCAR 4.3


title: Notice of Hearing

text: SCCAR 5.1 NOTICE OF HEARING The arbitrator shall set the time, date, and place of the hearing and shall give reasonable notice of the hearing date to the parties. Except by stipulation or for good cause shown, the hearing shall be scheduled to take place not sooner than 21 days, nor later than 75 days, from the date of the assignment of the case to the arbitrator. The hearing shall take place in appropriate facilities provided or authorized by the court. [Adopted effective July 1, 1980; Amended effective December 3, 2019.]

citation: SCCAR SCCAR 5.1

rule_number: SCCAR 5.1


title: Prehearing Statement of Proof

text: SCCAR 5.2 PREHEARING STATEMENT OF PROOF At least 14 days prior to the date of the arbitration hearing, each party shall file with the arbitrator and serve upon all other parties a statement containing a list of witnesses whom the party intends to call at the arbitration hearing and a list of exhibits and documentary evidence, including but not limited to evidence authorized under rule 5.3(d). The statement shall contain a brief description of the matters about which each witness will be called to testify, and whether that testimony is anticipated to be provided in writing, in person, or by telephone. Each party, upon request, shall make the exhibits and other documentary evidence available for inspection by other parties. A party failing to comply with this rule or failing to comply with a discovery order may not present at the hearing the witness, exhibit, or documentary evidence required to be disclosed or made available, except with the permission of the arbitrator. [Adopted effective July 1, 1980; Amended effective September 1, 1994; December 3, 2019.]

citation: SCCAR SCCAR 5.2

rule_number: SCCAR 5.2


title: Conduct of Hearing--Witnesses--Rules of Evidence

text:
SCCAR 5.3 CONDUCT OF HEARING--WITNESSES—RULES OF EVIDENCE (a) Witnesses. The arbitrator shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the facts, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment. In the discretion of the arbitrator, a witness may testify by telephone. A witness shall be placed under oath or affirmation by the arbitrator prior to presenting testimony, a violation of which oath shall be deemed a contempt of court in addition to any other penalties that may be provided by law. The arbitrator may question a witness. (b) Recording. The hearing may be recorded electronically or otherwise by any party or the arbitrator. (c) Rules of Evidence, Generally. The extent to which the Rules of Evidence will be applied shall be determined in the exercise of discretion of the arbitrator. The Rules of Evidence, to the extent determined by the arbitrator to be applicable, should be liberally construed in order to promote justice. The parties should stipulate to the admission of evidence when there is no genuine issue as to its relevance or authenticity. (d) Certain Documents Presumed Admissible. The documents listed below, if relevant, are presumed admissible at an arbitration hearing, but only if (1) the party offering the document serves on all parties a notice, accompanied by a copy of the document and the name, address and telephone number of its author or maker, at least 14 days prior to the hearing in accordance with SCCAR 5.2; and (2) the party offering the document similarly furnishes all other related documents from the same author or maker. This rule does not restrict argument or proof relating to the weight of the evidence admitted, nor does it restrict the arbitrator's authority to determine the weight of the evidence after hearing all of the evidence and the arguments of opposing parties. The documents presumed admissible under this rule are: (1) A bill, report, chart, or record of a hospital, doctor, dentist, registered nurse, licensed practical nurse, physical therapist, psychologist or other health care provider, on a letterhead or billhead; (2) A bill for drugs, medical appliances or other related expenses on a letterhead or billhead; (3) A bill for, or an estimate of, property damage on a letterhead or billhead. In the case of an estimate, the party intending to offer the estimate shall forward with the notice to the adverse party a statement indicating whether or not the property was repaired, and if it was, whether the estimated repairs were made in full or in part, attaching a copy of the receipted bill showing the items of repair and the amount paid; (4) A police, weather, wage loss, or traffic signal report, or standard United States government life expectancy table to the extent it is admissible under the Rules of Evidence, but without the need for formal proof of authentication or identification; (5) A photograph, videotape, x-ray, drawing, map, blueprint or similar documentary evidence, to the extent it is admissible under the Rules of Evidence, but without the need for formal proof of authentication or identification; (6) The written statement of any other witness, including the written report of an expert witness, and including a statement of opinion which the witness would be allowed to express if testifying in person, if it is made by affidavit or by declaration under penalty of perjury;

(7) A document not specifically covered by any of the foregoing provisions but having equivalent circumstantial guaranties of trustworthiness, the admission of which would serve the interests of justice. (e) Opposing Party May Subpoena Author or Maker as Witness. Any other party may subpoena the author or maker of a document or videotape admissible under this rule, at that party's expense, and examine the author or maker as if under cross examination. [Adopted effective July 1, 1980; Amended effective September 1, 1989; September 1, 1994; December 3, 2019.]

citation: SCCAR SCCAR 5.3

rule_number: SCCAR 5.3


title: Absence of Party at Hearing

text: SCCAR 5.4 ABSENCE OF PARTY AT HEARING The arbitration hearing may proceed, and an award may be made, in the absence of any party who after due notice fails to participate or to obtain a continuance. If a defendant is absent, the arbitrator shall require the plaintiff to submit the evidence required for the making of an award. In a case involving more than one defendant, the absence of a defendant does not preclude the arbitrator from assessing as part of the award damages against the defendant or defendants who are absent. The arbitrator, for good cause shown, may allow an absent party an opportunity to appear at a subsequent hearing before making an award. A party who fails to participate without good cause waives the right to a trial de novo. [Adopted effective July 1, 1980; Amended effective December 3, 2019.]

citation: SCCAR SCCAR 5.4

rule_number: SCCAR 5.4


title: Form and Content of Award

text: SCCAR 6.1 FORM AND CONTENT OF AWARD The award shall be in writing and signed by the arbitrator. The arbitrator shall determine all issues raised by the pleadings, including a determination of any damages. Findings of fact and conclusions of law are not required. [Adopted effective July 1, 1980; Amended effective December 3, 2019.]

citation: SCCAR SCCAR 6.1

rule_number: SCCAR 6.1


title: Filing of Award

text: SCCAR 6.2 FILING OF AWARD Filing and Service of Award. Within 14 days after the conclusion of the arbitration hearing, the arbitrator shall file the award with the clerk of the superior court, with proof of service upon each party. On the arbitrator’s application in cases of unusual length or complexity, the arbitrator may apply for and the court may allow up to 14 additional days for the filing and service of the award. If the arbitrator fails to timely file and serve the award and proof of service, a party may, after notice to the arbitrator, file a motion with the court for an order directing the arbitrator to do so by a date certain. Late filing shall not invalidate the award. The arbitrator may file with the court and serve upon the parties an amended award to correct an obvious error made in stating the award if done within the time for filing an award or upon application to the superior court to amend. [Adopted effective July 1, 1980; Amended effective September 1, 1993; September 1, 1994; September 1, 2011; December 3, 2019.]

citation: SCCAR SCCAR 6.2

rule_number: SCCAR 6.2


title: Judgment on Award

text: SCCAR 6.3 JUDGMENT ON AWARD Judgment. If within the 20-day period specified in rule 7.1(a) no party has properly sought a trial de novo, the prevailing party on notice as required by CR 54(f) shall present to the court a judgment on the award of arbitration for entry as the final judgment. A judgment so entered is subject to all provisions of law relating to judgments in civil actions, but it is not subject to appellate review and it may not be attacked or set aside except by a motion to vacate under CR 60. [Adopted effective July 1, 1980; Amended effective September 1, 1994; September 1, 2011; December 3, 2019.]

citation: SCCAR SCCAR 6.3

rule_number: SCCAR 6.3


title: Costs and Attorney Fees

text: SCCAR 6.4 COSTS AND ATTORNEY FEES (a) Request. Any request for costs and attorney fees shall be filed with the arbitrator and served upon all other parties no later than seven days after receipt of the award. Any party failing to timely file and serve such a request is deemed to have waived the right to an award of costs and attorney fees, unless a request for a trial de novo is filed. (b) Response. Any response to the request for costs and attorney fees shall be filed with the arbitrator and served upon all other parties within seven days after service of the request. (c) Hearing. The arbitrator has discretion to hold a hearing on the request for costs and attorney fees. (d) Decision. Within 14 days after the service of the request for costs and attorney fees, the arbitrator shall file an amended award granting the request in whole or in part, or a denial of costs and attorney fees, with the clerk of the superior court, with proof of service upon each party. If the arbitrator fails to timely file and serve the amended award or denial and proof of service, a party may, after notice to the arbitrator, file a motion with the court for an order directing the arbitrator to do so by a date certain. Late filing shall not invalidate the decision. [Adopted effective July 1, 1980; Amended effective September 1, 2011; December 3, 2019.]

citation: SCCAR SCCAR 6.4

rule_number: SCCAR 6.4


title: Request for Trial de Novo

text:
SCCAR 7.1 REQUEST FOR TRIAL DE NOVO (a) Service and Filing. Any aggrieved party not having waived the right to appeal may request a trial de novo in the superior court. Any request for a trial de novo must be filed with the clerk and served, in accordance with CR 5, upon all other parties appearing in the case within 20 days after the arbitrator files proof of service of the later of: (1) the award or (2) a decision on a timely request for costs or attorney fees. A request for a trial de novo is timely filed or served if it is filed or served after the award is announced but before the 20-day period begins to run. The 20-day period within which to request a trial de novo may not be extended. (b) Form. The request for a trial de novo shall not refer to the amount of the award, including any award of costs or attorney fees, and shall be substantially in the form set forth below, and must be signed by the party:

SUPERIOR COURT OF WASHINGTON FOR [_______________] COUNTY ___________________________, Plaintiff, v. ___________________________, Defendant.

) ) ) ) )

No. ______ REQUEST FOR TRIAL DE NOVO

TO: The clerk of the court and all parties: Please take notice that [name of aggrieved party] requests a trial de novo from the award filed ____[date]_____. Dated: _______________________

_____________________________________ [Signature of aggrieved party] [Printed Name]: [Title, if applicable] [Name of attorney for aggrieved party]

(c) Proof of Service. The party filing and serving the request for a trial de novo shall file proof of service with the court. Failure to file proof of service within the 20-day period shall not void the request for a trial de novo. (d) Calendar. When a trial de novo is requested as provided in section (a), the case shall be transferred from the arbitration calendar in accordance with rule 8.2 in a manner established by local rule. [Adopted effective July 1, 1980; Amended effective September 1, 1989; September 1, 2001; September 1, 2011; December 3, 2019.]

citation: SCCAR SCCAR 7.1

rule_number: SCCAR 7.1


title: Procedure After Request for Trial de Novo

text: SCCAR 7.2 PROCEDURE AFTER REQUEST FOR TRIAL DE NOVO (a) Sealing. The clerk shall seal any arbitration award if a trial de novo is requested. Such sealing shall prohibit judicial officers’ access to the award until the trial de novo is completed or the case is otherwise completed, at which time the clerk shall unseal the award. (b) No Reference to Arbitration; Use of Testimony. (1) The trial de novo shall be conducted as though no arbitration proceeding had occurred. No reference shall be made to the arbitration award, in any pleading, brief, or other written or oral statement to the trial court or jury either before or during the trial, nor, in a jury trial, shall the jury be informed that there has been an arbitration proceeding. (2) Testimony given during the arbitration proceeding is admissible in subsequent proceedings to the extent allowed by the Rules of Evidence, except that the testimony shall not be identified as having been given in an arbitration proceeding. (c) Relief Sought. The relief sought at a trial de novo shall not be restricted by RCW 7.06, local arbitration rule, or any prior waiver or stipulation made for purposes of arbitration. (d) Arbitrator as Witness. The arbitrator shall not be called as a witness at the trial de novo. [Adopted effective July 1, 1980; Amended effective September 1, 1989; December 3, 2019; February 1, 2021.]

citation: SCCAR SCCAR 7.2

rule_number: SCCAR 7.2


title: Costs and Attorney Fees

text: SCCAR 7.3 COSTS AND ATTORNEY FEES The court shall assess costs and reasonable attorney fees against a party who appeals the award and fails to improve the party's position on the trial de novo. The court may assess costs and reasonable attorney fees against a party who voluntarily withdraws a request for a trial de novo. "Costs" means those costs provided for by statute or court rule. Only those costs and reasonable attorney fees incurred after a request for a trial de novo is filed may be assessed under this rule. [Adopted effective July 1, 1980; Amended effective September 1, 1989; September 1, 1993; December 3, 2019.]

citation: SCCAR SCCAR 7.3

rule_number: SCCAR 7.3


title: Stipulations

text: SCCAR 8.1 STIPULATIONS (a) Generally. No agreement or consent between parties or lawyers relating to the conduct of the arbitration proceedings, the purport of which is disputed, will be regarded by the arbitrator unless the agreement or consent is made at the arbitration hearing, or unless the agreement or consent is in writing and signed by the lawyers or parties denying the same. (b) To Arbitrate Other Cases. The parties may stipulate to enter into arbitration under these rules in a civil matter that would not otherwise be subject to arbitration under rule 1.2. A case transferred to arbitration by stipulation is subject to the arbitration rules in their entirety, except as otherwise agreed under section (a). [Adopted effective July 1, 1980; Amended effective December 3, 2019.]

citation: SCCAR SCCAR 8.1

rule_number: SCCAR 8.1


title: Local Rules

text: SCCAR 8.2 LOCAL RULES The arbitration rules may be supplemented by local superior court rules adopted and filed in accordance with CR 83. [Adopted effective July 1, 1980; Amended effective December 3, 2019.]

citation: SCCAR SCCAR 8.2

rule_number: SCCAR 8.2


title: Effective Date

text: SCCAR 8.3 EFFECTIVE DATE These rules shall take effect on July 1, 1980, and shall apply to all cases in which trial has not commenced on the merits by July 1, 1980. [Adopted effective July 1, 1980; Amended December 3, 2019.]

citation: SCCAR SCCAR 8.3

rule_number: SCCAR 8.3


title: Title and Citation

text: SCCAR 8.4 TITLE AND CITATION These rules shall be known and cited as the Superior Court Civil Arbitration Rules. SCCAR is the official abbreviation. [Adopted effective July 1, 1980; December 3, 2019.]

citation: SCCAR SCCAR 8.4

rule_number: SCCAR 8.4


title: Status of Comments

text: SCCAR 8.5 STATUS OF COMMENTS The comments to these rules have not been adopted by the Supreme Court. The comments are solely those of the Judicial Council. [Adopted effective July 1, 1980; Amended effective December 3, 2019.]

citation: SCCAR SCCAR 8.5

rule_number: SCCAR 8.5


title: Explanation

text: EXPLANATION Format. When adopting the format of the rule numbering and subdivision organization of the federal rules it was necessary to remove all miscellaneous rules applicable to special proceedings. This had been partially accomplished because many of these miscellaneous rules had been assigned rule numbers between 87 and 99. These rule numbers continue to be reserved for this purpose and all the miscellaneous rules relating to special proceedings, except criminal, are now renumbered in this series. Other than the addition of subheadings, no major revisions have been undertaken in the Special Proceedings Rules. Statutes. No attempt has been made to cross-reference applicable statutes. Abbreviations. These Superior Court Special Proceedings Rules may be cited as SPR. [Adopted effective July 1, 1967.]

citation: SPR SPR EXP

rule_set: SPR

rule_number: SPR EXP


title: Attachments--Duties of the Sheriff

text: SPR 90.04W ATTACHMENTS—DUTIES OF THE SHERIFF Immediately upon the receipt of a writ of attachment, the sheriff or other officer shall endorse thereon, in ink, the day, hour, and minute when the same first came into the officer’s hands. When there are several attachments against the same defendant, they shall be executed in the order in which they were received by the sheriff. [Adopted effective July 1, 1967; Amended effective September 1, 1989.]

citation: SPR SPR 90.04W


title: Garnishments--Service, Objections, etc. (Rescinded)

text: SPR 91.04W GARNISHMENTS—SERVICE, OBJECTIONS, ETC. [RESCINDED] [Rescinded effective September 1, 1989.]

citation: SPR SPR 91.04W


title: Disposition of Reports--Adoptions

text: SPR 93.04W DISPOSITION OF REPORTS—ADOPTIONS In an adoption proceeding, any report prepared pursuant to RCW 26.33 shall be open to inspection by the adoptive parents and the attorney for the adoptive parents. Such report at the close of the entire proceeding shall be sealed in accordance with RCW 26.33.330. [Adopted effective July 1, 1967; Amended effective September 1, 1989.]

citation: SPR SPR 93.04W


title: Estates--Settlement of Claims by Guardian, Receiver, or Personal Representative

text: SPR 98.08W ESTATES—SETTLEMENT OF CLAIMS BY GUARDIAN, RECEIVER, OR PERSONAL REPRESENTATIVE In all actions or proceedings in which a guardian, receiver, personal representative, or other person having charge of settlement of any estate, applies to the court for an order allowing a claim to be compromised and settled for less than its face value, the court shall appoint a day not less than 5 days after such application for hearing the same, unless for good cause shown less time should intervene, and direct the giving of such notice as may be deemed proper. [Adopted effective July 1, 1967; Amended effective September 1, 1989.]

citation: SPR SPR 98.08W


title: Estates--Receivership--Reports

text: SPR 98.10W ESTATES—RECEIVERSHIP—REPORTS All reports of receivers which involve an accounting shall be filed at least 10 days before the hearing. On filing and presentation of such report the court will appoint a time for hearing the same, and will direct such notice to be given as will most likely advise all interested parties of such hearing. [Adopted effective July 1, 1967.]

citation: SPR SPR 98.10W


title: Estates Generally--Fees

text: SPR 98.12W ESTATES GENERALLY—FEES Before compensation shall be allowed to any personal representative, guardian, or attorney in connection with any probate matter or proceeding, or to any receiver or an attorney for a receiver, and before any agreement therefor shall be approved, the amount of compensation claimed shall be definitely and clearly set forth in the application therefor, and all parties interested in the matter shall be given notice of the amount claimed in such manner as shall be fixed by statute, or, in the absence of statute, as shall be directed by the court; unless such application be filed with or made a part of a report or final account of such personal representative, guardian, receiver, or attorney. [Adopted effective July 1, 1967; Amended September 1, 1989.]

citation: SPR SPR 98.12W


title: Estates--Guardianship--Settlement of Claims of Minors and Incapacitated Persons

text:
SPR 98.16W ESTATES—GUARDIANSHIP—SETTLEMENT OF CLAIMS OF MINORS AND INCAPACITATED PERSONS (a) Approval of Settlement Required. In every settlement of a claim, whether or not filed in court, involving the beneficial interest of an unemancipated minor or a person determined to be disabled or incapacitated under RCW 11.88, the court shall determine the adequacy of the proposed settlement on behalf of such affected person and reject or approve it. If a suit for recovery on behalf of the affected person has been previously maintained, then the petition shall be filed in that county, or if no such suit exists, then in the county where the affected person resides, unless either court orders otherwise. (b) Petition. The petition for approval of settlement on behalf of the affected person shall contain, as a minimum and to the full extent known: (1) the affected person's full name and date of birth; (2) the general identification and relationship of others having claims or potential claims arising from the same matters and identity of their counsel; (3) the description and amount of all liens, subrogation or reimbursement claims, fees, bills, costs or expenses connected with the affected person's claim; (4) the description and amount of all liens, reimbursements, fees, costs or expenses requested to be paid from the settlement funds to be deposited with the court (or the maximum claimed for reimbursement if any item is being disputed or negotiated further), including a columnar listing of all amounts to be received, all amounts to be paid or the maximum claimed and concluding with the net amount of money or other property remaining for the affected person. (c) Appointment, Role and Termination of the Settlement Guardian ad Litem; Exceptions to Appointment. (1) Upon filing of the petition, the court shall appoint a Settlement Guardian ad Litem to assist the court in determining the adequacy of the proposed settlement. The Settlement Guardian ad Litem shall conduct an investigation and file a written report with the court with a recommendation regarding approval and final disposition within 45 days of appointment or such other time as the court may order. The court, if appropriate under existing law, may order that all or part of the report and contents shall be confidential or sealed. Upon filing of the report and appearing at hearings as may be required, the Settlement Guardian ad Litem is exonerated from further duties unless otherwise ordered by the court. (2) The court may dispense with the appointment of the Settlement Guardian ad Litem if by written finding the court determines a guardian ad litem, a guardian, or limited guardian has been previously appointed or if the court affirmatively finds that the affected person is represented by independent counsel, so long as the guardian ad litem, guardian, limited guardian, or independent counsel has the qualifications which would be required for a Settlement Guardian ad Litem and neither has nor represents interests in conflict with those of the affected person which would not be allowed for a Settlement guardian ad Litem. Independent counsel's fee interest in the claim, if allowed by the Rules of Professional Conduct, is not a disqualifying interest. If a Settlement Guardian ad Litem is not required, the independent counsel, guardian ad litem, guardian or limited guardian shall file the report. (d) Qualifications of Settlement Guardian ad Litem. The Settlement Guardian ad Litem shall be an attorney with at least five years of pertinent legal experience and such other qualifications as the court may require. The Settlement Guardian ad Litem shall neither have nor

represent any interest in conflict with the affected person, including but not limited to the conflicting interests of parents or others legally responsible for medical care of the affected person. (e) Report of Settlement Guardian ad Litem. The report of the Settlement Guardian ad Litem or other person authorized above shall include a description, in depth appropriate to the magnitude of injuries and settlement, of at least: (1) the background of the appointment and qualifications of the writer including any relationship with involved parents, guardians, insurers or attorneys; (2) a description of the investigation conducted, the persons interviewed and the documents reviewed, if any; (3) a description of the incident and the affected person's potential legal claims; (4) a description of the affected person's injuries, general treatment, diagnosis and prognosis attaching a recent supporting medical report or office record; (5) a discussion of the damages potentially recoverable including identification of all special damages; (6) a discussion of the potential liability of all persons and entities; (7) an identification of other insurance or collateral sources for payment of any bills or expenses; (8) a discussion and recommendation regarding any lien, subrogation or reimbursement claims, including any suggested retention in an attorney's trust account of the full amount claimed until the final resolution of such claim; (9) an identification of all other claims, specifically including any claims held by other family members; (10) a discussion of any proposed apportionment of claim proceeds among family members or unrelated claimants, if any; (11) a discussion and recommendation regarding the proposed settlement form, documents and amounts; (12) a discussion and recommendation regarding the expenses and fees for which payment is requested; (13) a discussion and recommendation regarding the requested disposition of net proceeds; (14) a statement of time spent, expenditures made and the fees and costs requested by the Settlement Guardian ad Litem; (15) a discussion and recommendation regarding the presence of the affected person and the Settlement Guardian ad Litem at any court hearings on the Petition; (16) a statement as to whether the Petition has been submitted for approval in any other jurisdiction. (f) Hearing. At the time the petition for approval of the settlement is heard, the allowance and taxation of all fees, costs, and other charges incident to the settlement shall be considered

and disposed of by the court. The court by local rule or by specific direction, may require or waive the presence of the affected person or the Settlement Guardian ad Litem. (g) Attorney's Fees and Costs. Any attorney claiming fees, costs or other charges incident to representation of the affected person, from the claim proceeds or otherwise, shall file an affidavit or declaration under RCW 9A.72.085 in support thereof. Copies of any written fee agreements must be attached to the affidavit or declaration. (h) Deposit in Court and Disbursements. Except for any structured portion of a settlement, the total judgment or total settlement shall be paid into the registry of the court, or as otherwise ordered by the court. All sums deductible therefrom, including costs, attorney's fees, hospital and medical expenses, and any other expense, shall be paid upon approval of the court. (i) Form for Payment of Remaining Funds. Checks for funds payable to the affected person may be made out by the clerk jointly to the depository bank, trust company, or insured financial institution and to the independent attorney for the affected person, guardian or limited guardian, or trustee, and deposit shall be made to the trust or into a blocked account for the affected person with provision that withdrawals cannot be made except as provided in the trust instrument or as ordered by the court. A deposit receipt to that effect must timely be filed with the court by the payee. (j) Control and Orders for Remaining Funds. In calculating the amount remaining from a structured settlement, if the settlement required court approval only because the affected person was an unemancipated minor, then only the payments received and to be received before attaining majority age are counted. All orders directing funds to a blocked account should recite that the funds are payable upon further order of the court or to the affected person at his or her age of majority, which date should be specified. Upon approval of settlement and payment of all authorized fees, bills and expenses, the court shall order one of the following actions: (1) $50,000 or Less. If the money or the value of other property remaining after deduction for all approved fees, bills and expenses is $50,000 or less, the court shall require that: (A) the money be deposited in a bank or trust company or be invested in an account in an insured financial institution for the benefit of the affected person, subject to withdrawal only upon the order of the court as a part of the original proceeding; or (B) the money or property be paid to a duly appointed and qualified guardian or limited guardian; or (C) the money be placed in trust, subject to the conditions set forth in subsection (3). (2) More Than $50,000. If the money or the value of other property remaining after deduction for all approved fees, bills and expenses exceeds $50,000, the court in the order or judgment shall: (A) if there is an existing or newly created guardian or limited guardian who approves, require that the money be deposited in a bank or trust company or be invested in an account in an insured financial institution for the benefit of the affected person, subject to withdrawal only upon the order of the court handling the guardianship or limited guardianship; (B) if there is no guardian or limited guardian of the affected person or no approval under (A), the court in the order or judgment shall require that either a guardian or limited guardian be appointed; or (C) the money or other property be placed in trust, subject to the conditions set forth in subsection (3).

(3) Conditions for Use of Trust. A trust established pursuant to this rule under subsection (1) or (2) must meet the following requirements: (A) The selection of the trustee(s) and the terms of the trust shall be subject to the court's approval; (B) No family member of the affected person, or other potential residual beneficiary of the trust, shall be approved by the court as a sole trustee; (C) A bonded or insured fiduciary shall be designated as a sole trustee or as co-trustee with principal responsibility for financial management of the trust estate; (D) The fiduciary shall prepare an annual statement of income, expenses, current assets, and fees charged; shall deliver the statement to any co-trustees, the beneficiary, and the beneficiary's personal representative; and shall present the statement for review and approval by the court having jurisdiction over the beneficiary; (E) No family member or potential residual beneficiary who serves as a co-trustee shall exercise discretionary authority over individual expenditures from the trust that would bring direct or indirect benefit to that individual; and (F) The administration of the trust shall be subject to the continuing jurisdiction of the appropriate court. (k) Bond. Unless all funds are to be placed in a blocked account or court approved trust, sufficient bond shall be required for guardians and limited guardians to the extent required by guardianship law. [Adopted effective July 1, 1967; Amended effective July 1, 1972; September 1, 1972; September 1, 1984; September 1, 1989; April 8, 1997; February 1, 2021.]

citation: SPR SPR 98.16W


title: Estates--Guardianships--Authorization of Expenditures (Rescinded)

text: SPR 98.20W ESTATES—GUARDIANSHIPS—AUTHORIZATION OF EXPENDITURES [RESCINDED] [Rescinded effective September 1, 1989.]

citation: SPR SPR 98.20W


title: Unlawful Detainers--Appointment of Attorney

text:
SPR 98.24W UNLAWFUL DETAINERS—APPOINTMENT OF ATTORNEY

In all unlawful detainer cases where an individual qualifies for an attorney at public expense in accordance with RCW 59.18.640, the following protocols shall be followed: (1) If the tenant appears without an attorney, before taking any action in the case, the court shall: (a) Advise the tenant that if they are indigent, they have a statutory right to be represented by an attorney at public expense; (b) If applicable, refer the tenant for screening and appointment of counsel pursuant to any local order or established procedure consistent with RCW 59.18.640; and (c) Continue the hearing for a reasonable period of time so that counsel may be obtained. (2) If the tenant is unrepresented and the court issues a writ of restitution before judgment or by default, the tenant may file a motion requesting that the court appoint an attorney at any time before law enforcement executes the writ. During this time, a lawyer seeking appointment may file an ex parte motion for appointment and request that the court stay the execution of the writ for 10 days. The lawyer seeking appointment shall establish by declaration that good faith efforts were made to notify the other party or, if no efforts were made, why notice could not be provided prior to the application for an ex parte stay, and describing the immediate or irreparable harm that may result if an immediate stay is not granted. (3) A stay issued under this rule will be set to expire 10 days after entry without further order from the court. If new information arises and the court finds the tenant is not eligible for appointment of a lawyer, the court may lift the stay. [Adopted effective October 31, 2023.]

citation: SPR SPR 98.24W


title: Scope and Definitions

text: GALR 1 SCOPE AND DEFINITIONS (a) Statement of Purpose and Scope of Rule. The purpose of these rules is to establish a minimum set of standards applicable to all superior court cases where the court appoints a guardian ad litem or any person to represent the best interests of a child; a respondent in a guardianship, conservatorship, or other protective arrangement; or an individual subject to a guardianship, conservatorship or protective arrangement pursuant to Title 11, 13, or 26 RCW or appoints a court visitor in a guardianship, conservatorship, or other protective arrangement proceeding pursuant to Title 11. These rules shall also apply to guardians ad litem appointed pursuant to RCW 4.08.050 and RCW 4.08.060, if the appointment is under the procedures of Titles 11, 13, or 26 RCW. These rules shall not be applicable to guardians ad litem appointed pursuant to Special Proceedings Rule (SPR) 98.16W and chapter 11.96A RCW. (b) Definitions. As used in this rule, the following terms have these meanings: (1) Court. Court shall mean any superior court in the State of Washington and all divisions thereof. (2) Guardian ad Litem. Guardian ad litem shall mean any person or program appointed in a Title 11, 13, or 26 RCW action under the Revised Code of Washington to represent the best interests of a child; a respondent in a guardianship, conservatorship, or other protective arrangement proceeding; or an individual subject to a guardianship, conservatorship, or protective arrangement. The term guardian ad litem shall not include an attorney appointed to represent a party. (3) Court Visitor. Court visitor shall mean any person or program appointed in a Title 11 action under the Revised Code of Washington to perform the functions of a court visitor pursuant to chapter 11.130 RCW. The term court visitor shall not include an attorney appointed to represent a party. (4) Judge. Judge shall mean a judicial officer of the superior court, including commissioners and judges pro tempore. (5) Registry. Registry shall mean the list of people authorized by the court to serve as guardians ad litem, court visitors, child advocates, guardian ad litem programs, or Court Appointed Special Advocate(s) (CASA) programs authorized by RCW 26.12.175. [Adopted effective November 27, 2001; Amended effective December 10, 2024.]

citation: GALR GALR 1

rule_set: GALR

rule_number: GALR 1


title: General Responsibilities of Guardian ad Litem

text:
GALR 2 GENERAL RESPONSIBILITIES OF GUARDIAN AD LITEM AND COURT VISITOR Consistent with the responsibilities set forth in Titles 11, 13, and 26 of the Revised Code of Washington and other applicable statutes and rules of court, in every case in which a guardian ad litem or court visitor is appointed, the guardian ad litem or court visitor shall perform the responsibilities as set forth below. For purposes of these rules, a guardian ad litem is any person who is appointed by the court to represent the best interests of the child(ren); a respondent in a guardianship, conservatorship, or other protective arrangement proceeding; or an individual subject to a guardianship, conservatorship, or protective arrangement or to assist the court in determining the best interests of the child(ren); an individual subject to a guardianship, conservatorship, or other protective arrangement proceeding, or a respondent in a guardianship, conservatorship, or other protective arrangement proceeding, regardless of that person's title, except a person appointed pursuant to rule 6. For purposes of these rules, a court visitor is any person who is appointed by the court as a court visitor pursuant to chapter 11.130 RCW. (a) Represent best interests. A guardian ad litem shall represent the best interests of the person for whom they are appointed. Representation of best interests may be inconsistent with the wishes of the person whose interest the guardian ad litem represents. The guardian ad litem shall not advocate on behalf of or advise any party so as to create in the mind of a reasonable person the appearance of representing that party as an attorney. (b) Maintain independence. A guardian ad litem or court visitor shall maintain independence, objectivity, and the appearance of fairness in dealings with parties and professionals, both in and out of the courtroom. (c) Professional conduct. A guardian ad litem or court visitor shall maintain the ethical principles of the rules of conduct set forth in these rules and is subject to discipline under local rules established pursuant to rule 7 for violation. (d) Remain qualified for the registry. Unless excepted by statute or court rule, a guardian ad litem or court visitor shall satisfy all training requirements and continuing education requirements developed for Titles 13 and 26 RCW guardians ad litem or court visitors by the administrator of the courts and for Title 11 RCW guardians ad litem or court visitors as required by statute and maintain qualifications to serve as guardian ad litem or court visitor in every county where the guardian ad litem or court visitor is listed on the registry for that county and in which the guardian ad litem or court visitor serves and shall promptly advise each such court of any grounds for disqualification or unavailability to serve. (e) Avoid conflicts of interests. A guardian ad litem or court visitor shall avoid any actual or apparent conflict of interest or impropriety in the performance of guardian ad litem or court visitor responsibilities. A guardian ad litem or court visitor shall avoid self-dealing or association from which a guardian ad litem or court visitor might directly or indirectly benefit, other than for compensation as guardian ad litem or court visitor. A guardian ad litem or court visitor shall take action immediately to resolve any potential conflict or impropriety. A guardian ad litem or court visitor shall advise the court and the parties of action taken, resign from the matter, or seek court direction as may be necessary to resolve the conflict or impropriety. A guardian ad litem or court visitor shall not accept or maintain appointment if the performance of the duties of guardian ad litem or court visitor may be materially limited by the guardian ad litem’s or court visitor’s responsibilities to another client or a third person, or by the guardian ad litem’s or court visitor’s own interests.

(f) Treat parties with respect. A guardian ad litem or court visitor is an officer of the court and as such shall at all times treat the parties and third parties associated with the case with respect, courtesy, fairness, and good faith. (g) Become informed about case. A guardian ad litem or court visitor shall make reasonable efforts to become informed about the facts of the case and to contact all parties. A guardian ad litem or court visitor shall examine material information and sources of information, taking into account the positions of the parties. (h) Make requests for evaluations to court. A guardian ad litem or court visitor shall not require any evaluations or tests of the parties except as authorized by statute or court order issued following notice and opportunity to be heard. (i) Timely inform the court of relevant information. A guardian ad litem or court visitor shall file a written report with the court and the parties as required by law or court order or in any event not later than 10 days prior to a hearing for which a report is required. The report shall be accompanied by a written list of documents considered or called to the attention of the guardian ad litem or court visitor and persons interviewed during the course of the investigation. (j) Limit duties to those ordered by court. A guardian ad litem or court visitor shall comply with the court’s instructions as set out in the order appointing a guardian ad litem or court visitor, and shall not provide or require services beyond the scope of the court’s instruction unless by motion and on adequate notice to the parties, a guardian ad litem or court visitor obtains additional instruction, clarification or expansion of the scope of such appointment. (k) Inform individuals about role in case. A guardian ad litem or court visitor shall identify themselves as a guardian ad litem or court visitor when contacting individuals in the course of a particular case and inform individuals contacted in a particular case about the role of a guardian ad litem or court visitor in the case at the earliest practicable time. A guardian ad litem or court visitor shall advise information sources that the documents and information obtained may become part of court proceedings. (l) Appear at hearings. The guardian ad litem or court visitor shall be given notice of all hearings and proceedings. A guardian ad litem or court visitor shall appear at any hearing for which the duties of a guardian ad litem or court visitor or any issues substantially within a guardian ad litem’s or court visitor’s duties and scope of appointment are to be addressed. In Title 11 RCW proceedings, the guardian ad litem or court visitor shall appear at all hearings unless excused by court order. (m) Ex parte communication. A guardian ad litem or court visitor shall not have ex parte communications concerning the case with the judge(s) and commissioner(s) involved in the matter except as permitted by court rule or by statute. (n) Maintain privacy of parties. As an officer of the court, a guardian ad litem or court visitor shall make no disclosures about the case or the investigation except in reports to the court or as necessary to perform the duties of a guardian ad litem or court visitor. A guardian ad litem or court visitor shall maintain the confidential nature of identifiers or addresses where there are allegations of domestic violence or risk to a party’s, person’s, or child(ren)’s safety. The guardian ad litem or court visitor may recommend that the court seal the report or a portion of the report of the guardian ad litem or court visitor to preserve the privacy, confidentiality, or safety of the parties or the person for whom the guardian ad litem or court visitor was appointed. The court may, upon application, and under such conditions as may be necessary to protect the witnesses from potential harm, order disclosure or discovery that addresses the need to challenge the truth of the information received from the confidential source.

(o) Perform duties in timely manner. A guardian ad litem or court visitor shall perform responsibilities in a prompt and timely manner, and, if necessary, request timely court reviews and judicial intervention in writing with notice to parties or affected agencies. (p) Maintain documentation. A guardian ad litem or court visitor shall maintain documentation to substantiate recommendations and conclusions and shall keep records of actions taken by the guardian ad litem or court visitor. Except as prohibited or protected by law, and consistent with rule 2(n), this information shall be made available for review on written request of a party or the court on request. Costs may be imposed for such requests. (q) Keep records of time and expenses. A guardian ad litem or court visitor shall keep accurate records of the time spent, services rendered, and expenses incurred in each case and file an itemized statement and accounting with the court and provide a copy to each party or other entity responsible for payment. The court shall make provisions for fees and expenses pursuant to statute in the Order Appointing Guardian ad Litem or Court Visitor or in any subsequent order. [Adopted effective November 27, 2001; Amended effective December 10, 2024.]

citation: GALR GALR 2

rule_number: GALR 2


title: Roles and Responsibilities of Guardian ad Litem in Title 13 RCW Juvenile Court Proceedings

text: GALR 3 ROLES AND RESPONSIBILITIES OF GUARDIAN AD LITEM IN TITLE 13 RCW JUVENILE COURT PROCEEDINGS In addition to the roles and responsibilities enumerated in rule 2, a guardian ad litem in Title 13 RCW juvenile court proceedings shall have the following responsibilities: (a) Role. Unless otherwise specified in the order of appointment, the roles and responsibilities of a guardian ad litem are those roles and responsibilities specified in RCW 13.34.105 and applicable court rules. (b) Explore concurrent planning. A guardian ad litem shall explore concurrent planning and make a timely recommendation to the court for a permanent plan for the child. [Adopted effective November 27, 2001.]

citation: GALR GALR 3

rule_number: GALR 3


title: Authority of Guardian ad Litem

text:
GALR 4 AUTHORITY OF GUARDIAN AD LITEM OR COURT VISITOR As an officer of the court, a guardian ad litem or court visitor has only such authority conferred by the order of appointment. Consistent with the roles and responsibilities set forth in rules 2 and 3, and the grievance procedures set forth in rules 5 and 6, a guardian ad litem or court visitor shall have the following authority: (a) Access to party. Unless circumstances warrant otherwise, a guardian ad litem or court visitor shall have access to the person(s) for whom a guardian ad litem or court visitor is appointed and to all information relevant to the issues for which a guardian ad litem or court visitor was appointed. The access of a guardian ad litem or court visitor to the child or respondent in a guardianship, conservatorship, or other protective arrangement proceeding and all relevant information shall not be unduly restricted by any person or agency. When the guardian ad litem or court visitor seeks contact with a party who is represented by an attorney, the guardian ad litem or court visitor shall notify the attorney in advance of such contact. The guardian ad litem’s or court visitor’s contact with the represented party shall be as permitted by the party’s attorney, unless otherwise ordered by the court. (b) Timely receipt of case documents. Until discharged by court order, a guardian ad litem or court visitor shall be timely furnished copies of all relevant pleadings, documents, and reports by the party that served or submitted them. (c) Timely notification. A guardian ad litem or court visitor shall be timely notified of all court hearings, administrative reviews, staffings, investigations, dispositions, and other proceedings concerning the case by the person or agency scheduling the proceeding. (d) Notice of proposed agreements. A guardian ad litem or court visitor shall be given notice of, and an opportunity to indicate their agreement or objection to, any proposed agreed order of the parties governing issues substantially related to the duties of a guardian ad litem or court visitor. (e) Participate in all proceedings. Consistent with rule 2(l), a guardian ad litem or court visitor shall participate in court hearings through submission of written and supplemental oral reports and as otherwise authorized by statute and court rule. (f) Access to records. Except as limited by law or unless good cause is shown to the court, upon receiving a copy of the order appointing a guardian ad litem or court visitor, any person or agency, including but not limited to any hospital, school, child care provider, organization, department of social and health services, doctor, health care provider, mental health provider, chemical health program, psychologist, psychiatrist, or law enforcement agency, shall permit a guardian ad litem or court visitor to inspect and copy any and all records and interview personnel relating to the proceeding for which a guardian ad litem or court visitor is appointed. (g) Access to court files. Within the scope of appointment, a guardian ad litem or court visitor shall have access to all superior court and all juvenile court files. Access to sealed or confidential files shall be by separate order. A guardian ad litem’s or court visitor’s report shall inform the court and parties if the report contains information from sealed or confidential files. The clerk of court shall provide certified copies of the order of appointment to a guardian ad litem or court visitor upon request and without charge. (h) Additional rights and powers under chapter 13.34 RCW, chapter 26.26A RCW, or chapter 26.26B RCW. In every case in which a guardian ad litem is a party to the case pursuant

to chapter 13.34 RCW, chapter 26.26A RCW, or chapter 26.26B RCW, a guardian ad litem shall have the rights and powers set forth below. These rights and powers are subject to all applicable statutes and court rules. (1) File documents and respond to discovery. A guardian ad litem shall have the right to file pleadings, motions, notices memoranda, briefs, and other documents, and may, subject to the trial court’s discretion engage in and respond to discovery. (2) Note motions and request hearings. A guardian ad litem shall have the right to note motions and request hearings before the court as appropriate to the best interests of the person(s) for whom a guardian ad litem was appointed. (3) Introduce exhibits, examine witnesses. A guardian ad litem shall have the right, subject to the trial court’s discretion, to introduce exhibits, subpoena witnesses, and conduct direct and cross-examination of witnesses. (4) Oral argument and submission of reports. A guardian ad litem shall have the right to fully participate in the proceedings through submission of written reports, and, may with the consent of the trial court present oral argument. (i) Additional rights and powers in other cases. For good cause shown, a guardian ad litem or court visitor may petition the court for additional authority as set forth in rule 2(j). (j) Additional training requirements. The Administrative Office of the Courts shall amend the current guardian ad litem mandatory training so that Titles 13 and 26 RCW guardians ad litem are prepared to carry out the additional requirements of this rule. [Adopted effective November 27, 2001; Amended effective December 10, 2024.]

citation: GALR GALR 4

rule_number: GALR 4


title: Appointments of Guardian ad Litem

text: GALR 5 APPOINTMENTS OF GUARDIAN AD LITEM OR COURT VISITOR (a) Equitable distribution of workload. Each court shall promulgate local rules providing a system of appointing and reasonably compensating guardians ad litem or court visitors that ensures an equitable distribution of the workload among the guardians ad litem or court visitors on the registry. (b) Procedure to address complaints. The local rules shall provide a procedure to timely address complaints made by any guardian ad litem or court visitor regarding registry or appointment matters. [Adopted effective November 27, 2001; Amended effective December 10, 2024.]

citation: GALR GALR 5

rule_number: GALR 5


title: Limited Appointments

text: GALR 6 LIMITED APPOINTMENTS There may be situations where the court wishes to appoint a person in addition to, or instead of, a guardian ad litem or court visitor to fulfill very limited roles. This will help avoid conflict of interest situations for guardians ad litem or court visitors serving in a case and will limit the time and expense spent on cases that do not require a guardian ad litem or court visitor. A person appointed pursuant to this rule is strictly limited to the duties of the role below selected by the court. If the order of appointment does not specifically designate a limited appointment as listed below, the person appointed is presumed to be a guardian ad litem or court visitor, subject to the Guardian ad Litem and Court Visitor Rules. The court may make the following limited appointments: (a) Mediator. The court may either appoint or refer to a person or agency whose role is to assist the parties in reaching an agreement about any or all contested issues in the case. (b) Evaluator. The court may appoint or refer to a person or agency for evaluation and findings regarding a specific issue or issues including but not limited to mental health, substance abuse, issues of abuse or neglect, cultural factors, and sexual deviancy. (c) Visitation supervisor. The court may appoint or refer to a person or agency to supervise visits and report findings to the court. (d) Settlement of minors’ claims. The court may appoint a person for the limited purpose described in Special Proceedings Rules (SPR) 98.16W. (e) Other. Under exceptional circumstances, upon good cause shown, the court may make other limited appointments as it deems necessary. [Adopted effective November 27, 2001; Amended effective December 10, 2024.]

citation: GALR GALR 6

rule_number: GALR 6