title: Team Interpretation

text:
GR 11.4 TEAM INTERPRETATION (a) Definitions. (1) Team interpreting for spoken languages – the practice of using two interpreters of the same language pair (e.g. English - Spanish) who take turns interpreting. (2) Team interpreting for sign languages – the practice of using multiple interpreters, which might include Deaf interpreters. (3) Simultaneous mode of interpreting – the rendering of a speaker’s or signer’s message into another language while the speaker or signer continues to speak or sign. Parties speak or sign at the same time. (4) Consecutive mode of interpreting – the rendering of a speaker’s or signer’s message into another language when the speaker or signer pauses to allow interpreting. Parties take turns speaking or signing. (5) Relay interpreting is the practice of interpreting from one language to another through a third language. It is necessary when no single interpreter commands the required language pair. (b) Spoken Languages. (1) To provide for accurate and complete interpreting, a team of two (2) interpreters must be appointed when it is anticipated that an assignment will require more than one (1) hour of simultaneous interpreting or two (2) hours of consecutive interpreting. (2) If relay interpreting is required, a team of two (2) interpreters for each language pair must be appointed pursuant to (1) above. (c) Sign Languages. (1) To provide for accurate and complete interpreting, a team of interpreters must be appointed for each participant who needs sign language interpreting when the event will last more than one (1) hour, as well as in challenging linguistic situations. (2) If the team requires intermediary Deaf Interpreters, a team of two (2) Deaf Interpreters and a team of two (2) American Sign Language (ASL) interpreters must be appointed. (d) Good Cause Exception. When a team of interpreters is required under this rule, it is permissible to proceed with a single interpreter only when: (1) a team of interpreters is not reasonably available, and it is found and noted on the record that given the totality of the circumstances, there is good cause to proceed with only one interpreter; and (2) the single interpreter is given breaks at regular intervals. An interpreter working alone must be given a ten-minute (10) break after every twenty (20) minutes of interpretation. Comments (1) Simultaneous mode of interpreting is used when the recipients of interpretation are

listening or watching, and the flow of information is in one direction only, such as during trials, motion hearings and classes. (2) Research has established that simultaneous interpreting involves intensive cognitive activity. Interpreter fatigue—both physical and mental—results from the high degree of concentration an interpreter must employ to hear, analyze, and understand ideas in one language and then render those same ideas coherently in another. This research has demonstrated that accuracy begins to decline within 15 to 30 minutes of simultaneous interpreting, before interpreters are even aware of the fatigue that leads to this increase in errors. After 30 minutes, the decline is precipitous. Therefore, it is imperative that interpreters alternate every 15 to 30 minutes, as agreed upon by members of the interpreting team. (3) Consecutive mode of interpreting is used when the recipients of interpretation are responding to questions and the exchange of information is two-directional, such as during testimony, interviews, and depositions. (4) In consecutive mode, the interpreter must focus intensely to memorize substantial chunks of information and then render them precisely. Consecutive mode requires the same amount of cognitive work as simultaneous, but the fatigue builds up over a longer period of time. (5) Communication through sign language can be particularly broad and challenging. Not all Deaf, Deafblind, or hard of hearing participants use the same sign language dialect, and some have specialized linguistic needs. A Deaf Interpreter (DI) may be needed in addition to an ASL interpreter. A DI is a professional interpreter who is Deaf, an expert in ASL linguistics, and a native user of ASL. These skills uniquely qualify them to meet the linguistic and cultural needs of a Deaf person. The requester should look to the expertise of the sign language interpreter and the knowledge and experience of the parties to identify such needs and assign a team of sign language interpreters where appropriate. [Adopted effective December 29, 2020.]

citation: GR GR 11.4


doc_type: court-rule

jurisdiction: wa

title: Regulation of the Practice of Law

text: GR 12 REGULATION OF THE PRACTICE OF LAW The Washington Supreme Court has inherent and plenary authority to regulate the practice of law in Washington. The legal profession serves clients, courts, and the public, and has special responsibilities for the quality of justice administered in our legal system. The Court ensures the integrity of the legal profession and protects the public by adopting rules for the regulation of the practice of law and actively supervising persons and entities acting under the Supreme Court’s authority. [Adopted effective September 1, 2017.]

license: public-domain-government-work

citation: GR GR 12

rule_set: GR

rule_number: GR 12


title: Regulatory Objectives

text: GR 12.1 REGULATORY OBJECTIVES Legal services providers must be regulated in the public interest. In regulating the practice of law in Washington, the Washington Supreme Court’s objectives include: (a) protection of the public; (b) advancement of the administration of justice and the rule of law; (c) meaningful access to justice and information about the law, legal issues, and the civil and criminal justice systems; (d) transparency regarding the nature and scope of legal services to be provided, the credentials of those who provide them, and the availability of regulatory protections; (e) delivery of affordable and accessible legal services; (f) efficient, competent, and ethical delivery of legal services; (g) protection of privileged and confidential information; (h) independence of professional judgment; (i) accessible civil remedies for negligence and breach of other duties owed, disciplinary sanctions for misconduct, and advancement of appropriate preventive or wellness programs; (j) diversity and inclusion among legal services providers and freedom from discrimination for those receiving legal services and in the justice system. [Adopted effective September 1, 2017.]

citation: GR GR 12.1


title: Washington State Bar Association: Purposes, Authorized Activities, and Prohibited Activities

text:
GR 12.2 WASHINGTON STATE BAR ASSOCIATION: PURPOSES, AUTHORIZED ACTIVITIES, AND PROHIBITED ACTIVITIES In the exercise of its inherent and plenary authority to regulate the practice of law in Washington, the Supreme Court authorizes and supervises the Washington State Bar Association’s activities. The Washington State Bar Association carries out the administrative responsibilities and functions expressly delegated to it by this rule and other Supreme Court rules and orders enacted or adopted to regulate the practice of law, including the purposes and authorized activities set forth below. (a) Purposes: In General. In general, the Washington State Bar Association strives to: (1) Promote independence of the judiciary and the legal profession. (2) Promote an effective legal system, accessible to all. (3) Provide services to its members and the public. (4) Foster and maintain high standards of competence, professionalism, and ethics among its members. (5) Foster collegiality among its members and goodwill between the legal profession and the public. (6) Promote diversity and equality in the courts and the legal profession. (7) Administer admission, regulation, and discipline of its members in a manner that protects the public and respects the rights of the applicant or member. (8) Administer programs of legal education. (9) Promote understanding of and respect for our legal system and the law. (10) Operate a well-managed and financially sound association, with a positive work environment for its employees. (11) Serve as a statewide voice to the public and to the branches of government on matters relating to these purposes and the activities of the association and the legal profession. (b) Specific Activities Authorized. In pursuit of these purposes, the Washington State Bar Association may: (1) Sponsor and maintain committees and sections whose activities further these purposes; (2) Support the judiciary in maintaining the integrity and fiscal stability of an independent and effective judicial system; (3) Provide periodic reviews and recommendations concerning court rules and procedures; (4) Administer examinations and review applicants’ character and fitness to practice law; (5) Inform and advise its members regarding their ethical obligations; (6) Administer an effective system of discipline of its members, including receiving and investigating complaints of misconduct by legal professionals, taking and recommending

appropriate punitive and remedial measures, and diverting less serious misconduct to alternatives outside the formal discipline system; (7) Maintain a program, pursuant to court rule, requiring members to submit fee disputes to arbitration; (8) Maintain a program for mediation of disputes between members and others; (9) Maintain a program for legal professional practice assistance; (10) Sponsor, conduct, and assist in producing programs and products of continuing legal education; (11) Maintain a system for accrediting programs of continuing legal education; (12) Conduct examinations of legal professionals’ trust accounts; (13) Maintain a fund for client protection in accordance with the Admission and Practice Rules; (14) Maintain a program for the aid and rehabilitation of impaired members; (15) Disseminate information about the organization’s activities, interests, and positions; (16) Monitor, report on, and advise public officials about matters of interest to the organization and the legal profession; (17) Maintain a legislative presence to inform members of new and proposed laws and to inform public officials about the organization’s positions and concerns; (18) Encourage public service by members and support programs providing legal services to those in need; (19) Maintain and foster programs of public information and education about the law and the legal system; (20) Provide, sponsor, and participate in services to its members; (21) Hire and retain employees to facilitate and support its mission, purposes, and activities, including in the organization’s discretion, authorizing collective bargaining; (22) Establish the amount of all license, application, investigation, and other related fees, as well as charges for services provided by the Washington State Bar Association, and collect, allocate, invest, and disburse funds so that its mission, purposes, and activities may be effectively and efficiently discharged. The amount of any license fee is subject to review by the Supreme Court for reasonableness and may be modified by order of the Court if the Court determines that it is not reasonable; (23) Administer Supreme-Court-created boards in accordance with General Rule 12.3. (c) Activities Not Authorized. The Washington State Bar Association will not: (1) Take positions on issues concerning the politics or social positions of foreign nations; (2) Take positions that do not relate to or affect the objectives of GR 12.1 or GR 12.2(a) or (b); or

(3) Support or oppose, in an election, candidates for public office. [Adopted effective July 17, 1987; Amended effective December 10, 1993; September 1, 1997; September 1, 2007; September 1, 2013; September 1, 2017; September 1, 2025.]

citation: GR GR 12.2


title: Washington State Bar Association Administration of Supreme Court-Created Boards and Committees

text: GR 12.3 WASHINGTON STATE BAR ASSOCIATION ADMINISTRATION OF SUPREME-COURT-CREATED BOARDS AND COMMITTEES The Supreme Court has delegated to the Washington State Bar Association the authority and responsibility to administer certain boards and committees established by court rule or order. This delegation of authority includes providing and managing staff, overseeing the boards and committees to monitor their compliance with the rules and orders that authorize and regulate them, paying expenses reasonably and necessarily incurred pursuant to a budget approved by the Board of Governors, performing other functions and taking other actions as provided in court rule or order or delegated by the Supreme Court, or taking other actions as are necessary and proper to enable the board or committee to carry out its duties or functions. [Adopted effective September 1, 2007; Amended effective September 1, 2017.]

citation: GR GR 12.3


title: Washington State Bar Association Access to Records

text:
GR 12.4 WASHINGTON STATE BAR ASSOCIATION ACCESS TO RECORDS (a) Policy and Purpose. It is the policy of the Washington State Bar Association to facilitate access to Bar records. A presumption of public access exists for Bar records, but public access to Bar records is not absolute and shall be consistent with reasonable expectations of personal privacy, restrictions in statutes, restrictions in court rules, or as provided in court orders or protective orders issued under court rules. Access shall not unduly burden the business of the Bar. (b) Scope. This rule governs the right of public access to Bar records. This rule applies to the Washington State Bar Association and its subgroups operated by the Bar including the Board of Governors, committees, task forces, commissions, boards, offices, councils, divisions, sections, and departments. This rule also applies to boards and committees under GR 12.3 administered by the Bar. A person or entity entrusted by the Bar with the storage and maintenance of Bar records is not subject to this rule and may not respond to a request for access to Bar records, absent express written authority from the Bar or separate authority in rule or statute to grant access to the documents. (c) Definitions. (1) “Access” means the ability to view or obtain a copy of a Bar record. (2) “Bar record” means any writing containing information relating to the conduct of any Bar function prepared, owned, used, or retained by the Bar regardless of physical form or characteristics. Bar records include only those records in the possession of the Bar and its staff or stored under Bar ownership and control in facilities or servers. Records solely in the possession of hearing officers, non-Bar staff members of boards, committees, task forces, commissions, sections, councils, or divisions that were prepared by the hearing officers or the members and in their sole possession, including private notes and working papers, are not Bar records and are not subject to public access under this rule. Nothing in this rule requires the Bar to create a record that is not currently in possession of the Bar at the time of the request. (3) “Writing” means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation in paper, digital, or other format. (d) Bar Records—Right of Access. (1) The Bar shall make available for inspection and copying all Bar records, unless the record falls within the specific exemptions of this rule, or any other state statute (including the Public Records Act, chapter 42.56 RCW) or federal statute or rule as they would be applied to a public agency, or is made confidential by the Rules of Professional Conduct, the LLT Rules of Professional Conduct, the LPO Rules of Professional Conduct, the Rules for Enforcement of Lawyer Conduct, the Admission and Practice Rules and associated regulations, the Rules for Enforcement of Limited Practice Officer Conduct, the Rules for Enforcement of Limited License Legal Technician Conduct, GR 25, court orders or protective orders issued under those rules, or any other state or federal statute or rule. To the extent required to prevent an unreasonable invasion of personal privacy interests or threat to safety or by the abovereferenced rules, statutes, or orders, the Bar shall delete identifying details in a manner consistent with those rules, statutes, or orders when it makes available or publishes any Bar record; however, in each case, the justification for the deletion shall be explained in writing.

(2) In addition to exemptions referenced above, the following categories of Bar records are exempt from public access except as may expressly be made public by court rule: (A) Records of the personnel committee, and personal information in Bar records for employees, appointees, members, or volunteers of the Bar to the extent that disclosure would violate their right to privacy, including home contact information (unless such information is their address of record), Social Security numbers, driver’s license numbers, identification or security photographs held in Bar records, and personal data including ethnicity, race, disability status, gender, and sexual orientation. Membership class and status, bar number, dates of admission or licensing, addresses of record, and business telephone numbers, facsimile numbers, and electronic mail addresses (unless there has been a request that electronic mail addresses not be made public) shall not be exempt, provided that any such information shall be exempt if the Executive Director approves the confidentiality of that information for reasons of personal security or other compelling reason, which approval must be reviewed annually. (B) Specific information and records regarding (i) internal policies, guidelines, procedures, or techniques, the disclosure of which would reasonably be expected to compromise the conduct of disciplinary or regulatory functions, investigations, or examinations; (ii) application, investigation, and hearing or proceeding records relating to lawyer, licensed legal intern, Limited Practice Officer, or Limited License Legal Technician admissions, licensing, or discipline, or that relate to the work of ELC 2.5 hearing officers, the Board of Bar Examiners, the Character and Fitness Board, the Law Clerk Board, the Limited Practice Board, the MCLE Board, the Limited License Legal Technician Board, the Practice of Law Board, or the Disciplinary Board in conducting investigations, hearings, or proceedings; and (iii) the work of the Judicial Recommendation Committee and the Hearing Officer selection panel, unless such records are expressly categorized as public information by court rule. (C) Valuable formulae, designs, drawings, computer source code or object code, and research data created or obtained by the Bar. (D) Information regarding the infrastructure, integrity, and security of computer and telecommunication networks, databases, and systems. (E) Applications for licensure by the Bar and annual licensing forms and related records, including applications for license fee hardship waivers and any decision or determinations on the hardship waiver applications. (F) Requests by members for ethics opinions to the extent that they contain information identifying the member or a party to the inquiry. Information covered by exemptions will be redacted from the specific records sought. Statistical information not descriptive of any readily identifiable person or persons may be disclosed. (3) Persons Who Are Subjects of Records.

(A) Unless otherwise required or prohibited by law, the Bar has the option to give notice of any records request to any member or third party whose records would be included in the Bar’s response. (B) Any person who is named in a record, or to whom a record specifically pertains, may present information opposing the disclosure to the applicable decision maker. (C) If the Bar decides to allow access to a requested record, a person who is named in that record, or to whom the records specifically pertains, has a right to initiate review or to participate as a party to any review initiated by a requester. The deadlines that apply to a requester apply as well to a person who is a subject of a record. (e) Bar Records--Procedures for Access. (1) General Procedures. The Bar Executive Director shall appoint a Bar staff member to serve as the public records officer to whom all records requests shall be submitted. Records requests must be in writing and delivered to the Bar public records officer, who shall respond to such requests within 30 days of receipt. The Washington State Bar Association must implement this rule and adopt and publish on its website the public records officer’s work mailing address, telephone number, fax number, and e-mail address, and the procedures and fee schedules for accepting and responding to records requests by the effective date of this rule. The Bar shall acknowledge receipt of the request within 14 days of receipt, and shall communicate with the requester as necessary to clarify any ambiguities as to the records being requested. Records requests shall not be directed to other Bar staff or to volunteers serving on boards, committees, task forces, commissions, sections, councils, or divisions. (2) Charging of Fees. (A) A fee may not be charged to view Bar records. (B) A fee may be charged for the photocopying or scanning of Bar records according to the fee schedule established by the Bar and published on its web site. (C) A fee not to exceed $30 per hour may be charged for research services required to fulfill a request taking longer than one hour. The fee shall be assessed from the second hour onward. (f) Extraordinary Requests Limited by Resource Constraints. If a particular request is of a magnitude or burden on resources that the Bar cannot fully comply within 30 days due to constraints on time, resources, and personnel, the Bar shall communicate this information to the requester along with a good faith estimate of the time needed to complete the Bar’s response. The Bar must attempt to reach agreement with the requester as to narrowing the request to a more manageable scope and as to a timeframe for the Bar’s response, which may include a schedule of installment responses. If the Bar and requester are unable to reach agreement, the Bar shall respond to the extent practicable, clarify how and why the response differs from the request, and inform the requester that it has completed its response. (g) Denials. Denials must be in writing and shall identify the applicable exemptions or other bases for denial as well as a written summary of the procedures under which the requesting party may seek further review.

(h) Review of Records Decisions. (1) Internal Review. A person who objects to a record decision or other action by the Bar’s public records officer may request review by the Bar’s Executive Director. (A) A record requester’s petition for internal review must be submitted within 90 days of the Bar’s public records officer’s decision, on such form as the Bar shall designate and make available. (B) The review proceeding is informal, summary, and on the record. (C) The review proceeding shall be held within five working days. If that is not reasonably possible, then within five working days the review shall be scheduled for the earliest practical date. (2) External Review. A person who objects to a records review decision by the Bar’s Executive Director may request review by the Records Request Appeals Officer (RRAO) for the Bar. (A) The requesting party’s request for review of the Executive Director’s decision must be deposited in the mail and postmarked or delivered to the Bar not later than 30 days after the issuance of the decision, and must be on such form as the Bar shall designate and make available. (B) The review will be informal and summary, but in the sole discretion of the RRAO may include the submission of briefs no more than 20 pages long and of oral arguments no more than 15 minutes long. (C) Decisions of the RRAO are final unless, within 30 days of the issuance of the decision, a request for discretionary review of the decision is filed with the Supreme Court. If review is granted, review is conducted by the Chief Justice of the Washington Supreme Court or their designee in accordance with procedures established by the Supreme Court. A designee of the Chief Justice shall be a current or former elected judge. The review proceeding shall be on the record, without additional briefing or argument unless such is ordered by the Chief Justice or their designee. (D) The RRAO shall be appointed by the Board of Governors. The Bar may reimburse the RRAO for all necessary and reasonable expenses incurred in the completion of these duties, and may provide compensation for the time necessary for these reviews at a level established by the Board of Governors. (i) Monetary Awards Not Allowed. Attorney fees, costs, civil penalties, or fines may not be awarded under this rule. (j) Effective Date of Rule. (1) This rule goes into effect on July 1, 2014, and applies to records that are created on or after that date. (2) Public access to records that are created before that date are to be analyzed according to other court rules, applicable statutes, and the common law balancing test; the Public Records

Act, chapter 42.56 RCW, does not apply to such Bar records, but it may be used for nonbinding guidance. [Adopted effective July 1, 2014; Amended effective September 1, 2017; January 1, 2023; June 27, 2023; April 14, 2026.]

citation: GR GR 12.4


title: Immunity

text: GR 12.5 IMMUNITY All boards, committees, or other entities, and their members and personnel, and all personnel and employees of the Washington State Bar Association, acting on behalf of the Supreme Court under the Admission and Practice Rules, the Rules for Enforcement of Lawyer Conduct, or the disciplinary rules for limited practice officers and limited license legal technicians, shall enjoy quasi-judicial immunity if the Supreme Court would have immunity in performing the same functions. [Adopted effective January 2, 2008; Amended effective September 1, 2017.]

citation: GR GR 12.5


title: Use of Unsworn Statement in Lieu of Affidavit

text: GR 13 USE OF UNSWORN STATEMENT IN LIEU OF AFFIDAVIT (a) Unsworn Statement Permitted. Except as provided in section (b) whenever a matter is required or permitted to be supported or proved by affidavit, the matter may be supported or proved by an unsworn written statement, declaration, verification, or certificate executed by affixing or placing their signature in accordance with GR 30. The unsworn statement must state (1) that it is certified or declared by the person to be true under penalty of perjury, (2) the date and place of its execution, and (3) that it is so certified or declared under the laws of the state of Washington. The certification or declaration may be in substantially the following form: I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct: _____________________________ _________________________________ (Date and Place) (Signature) (b) Exceptions. This rule does not apply to writings requiring an acknowledgment, oaths of office, or oaths required to be taken before a special official other than a notary public. [Adopted effective September 1, 1989; Amended effective February 1, 2021.]

citation: GR GR 13

rule_number: GR 13


title: Format for Pleadings and Other Papers

text:
GR 14 FORMAT FOR PLEADINGS AND OTHER PAPERS (a) Format Requirements. All pleadings, motions, and other papers filed with the court shall be legibly written or printed. The use of letter-size paper (8-1/2 by 11 inches) is mandatory. The writing or printing shall appear on only one side of the page. The top margin of the first page shall be a minimum of three inches, the bottom margin shall be a minimum of one inch and the side margins shall be a minimum of one inch. All subsequent pages shall have a minimum of one inch margins. Papers filed shall not include any colored pages, highlighting or other colored markings. This rule applies to attachments unless the nature of the attachment makes compliance impractical. (b) Exception for Trial or Hearing Exhibits. This rule is not mandatory for trial or hearing exhibits, but the use of trial or hearing exhibits that comply with this rule is encouraged if it does not impair legibility. (c) Application of Rule. This rule shall apply to all proceedings in all courts of the State of Washington unless otherwise specifically indicated by court rule. (d) Citation Format. Citations shall conform with the format prescribed by the Reporter of Decisions. (See Appendix 1.)

[Adopted effective September 1, 1990; amended effective April 1, 2001; September 1, 2003; September 1, 2008.]

citation: GR GR 14

rule_number: GR 14


title: GR 14 - Appendix 1 - Office of Reporter of Decisions Style Sheet

text:
GR 14—Appendix 1 OFFICE OF REPORTER OF DECISIONS STYLE SHEET Effective September 1, 2025 and Subject to Revision GENERAL PRINCIPLES 1. The Twentieth Edition of The Bluebook: A Uniform System of Citation is the basic citation resource for Washington appellate court opinions except as noted below. 2. The latest edition of The Chicago Manual of Style is the authority for punctuation and style matters. 3. Webster’s Third New International Dictionary of the English Language (as updated by the online version, Merriam-Webster Unabridged) is the authority for spelling, including spacing and hyphens between nouns (e.g., website, seat belt, decision-maker). Where two or more spellings are listed, use Webster’s preferred spelling rather than the variant. 4. For matters not covered by the Bluebook, The Chicago Manual of Style, or Webster’s, the Office of Reporter of Decisions applies formal, traditional, noncolloquial English. 5. Use and cite to official sources, which in most instances are printed publications. Do not cite to an unofficial source unless the official source is unavailable. ABBREVIATIONS The following abbreviations are used for citing to primary Washington legal materials. The list replaces the list of abbreviations for Washington materials found in Bluebook table T1.3, at 300. TITLE Washington Constitution Revised Code of Washington (Official) Revised Code of Washington Annotated (West) Annotated Revised Code of Washington (LEXIS) Session Laws special sessions extraordinary sessions Washington Reports, 1st, 2d, & 3d Series Washington Territory Reports Washington Appellate Reports, 1st & 2d Series Washington Administrative Code Washington State Register

ABBREVIATION Const. art. VI, § 1 RCW RCWA ARCW Laws of 2002, ch. 107, § 3 Laws of 1995, 2d Spec. Sess., ch. 14, § 21 Laws of 1963, 1st Ex. Sess., ch. 26 Wash.; Wn.2d; Wn.3d Wash. Terr. Wn. App.; Wn. App. 2d WAC Wash. St. Reg.

Early Statutes Ballinger Code Code of 1881 Hill’s Code of Procedure Hill’s General Statutes Pierce’s Code Remington’s Revised Statutes Remington’s 1915 Code

Bal. Code Code of 1881 Hill’s Code of Proc. Hill's Gen. Stat. Pierce’s Code Rem. Rev. Stat. Rem. 1915 Code

Note: In citations, “Const.,” “Laws of,” and the names of codes and statutes (e.g., “Code of 1881,” “Rem. Rev. Stat.”) are printed in the official reports in large and small caps, but ordinary typeface is acceptable in manuscript opinions. In text, both the official reports and manuscript opinions use ordinary typeface. EXCEPTIONS TO BLUEBOOK 1.

Exception to Bluebook rules 2.1 & 2.2, at 67-70: Ignore rules about using roman type for case names. Case names should be in italics no matter where or how they are used.

2.

Exception to Bluebook rule 5.3(b)(iv) at 86: The deletion of matter after the final punctuation of a sentence may be indicated by a three-dot ellipsis.

3.

Exception to Bluebook rule 6.1(b) at 88: Do not use abbreviations for entities with widely recognized initials in text (unless previously set out in a parenthetical), in case citations (unless abbreviated in source) (this is also an exception to Bluebook rule 10.2.1(c) at 98), or as institutional authors.

4.

Exceptions to Bluebook rule 6.2(a) at 88-89: In text, spell out numbers zero to nine. Use arabic numerals for higher numbers. Use commas in numbers 1,000 and higher (e.g., 9,876) except when citing a page number in a case or court document.

5.

Exception to Bluebook rule 6.2(d) at 89: In text, always write out “percent” rather than using a percentage sign (%).

6.

Exception to Bluebook rule 8, at 91-93: Ignore this section. The Reporter’s Office generally follows The Chicago Manual of Style to resolve capitalization issues although, other than capitalizing proper nouns and maintaining consistency throughout the opinion, the judicial author’s preference governs.

7.

Exception to Bluebook rule 9(a) at 94: When a judge is named in text, the use of the judge’s first and middle names/initials is discretionary with the author.

8.

Exception to Bluebook rule 10.2.1(a) at 97: When a case has both an adversary and a nonadversary name, cite to only the first case name in the official reports caption.

9.

Exception to Bluebook rule 10.3.1, at 102-103 and Table T1: Cite official reports and regional reporters for all cases for which official reports are published. Include public domain citations when available. For California, Illinois, and New York, include the state specific reporter (Cal. Rptr. 3d, Ill. Dec., N.Y.S.2d) in addition to the official reports and regional reporters. For Washington cases, pinpoint citations are made to Wash., Wn.2d, Wn.3d, Wn. App., or Wn. App. 2d pages, paragraph numbers, or both; pinpoint citations to P., P.2d, or P.3d pages are optional; pinpoint citations should not be made to P.3d paragraph numbers. For non-Washington cases, pinpoint citations are made to the official report or the unofficial report. Maintain consistency throughout the opinion.

10.

Exception to Bluebook rule 10.7, at 109-11: Review denied and review granted: for Washington cases, cite to Wash., Wn.2d, or Wn.3d; citing P., P.2d, or P.3d in addition to Wash., Wn.2d, or Wn.3d is optional; for non-Washington cases: cite to the regional reporter; citing the official reporter in addition to the regional reporter is optional. Cert. granted or cert. denied in the United States Supreme Court: cite only to U.S. if therein; otherwise, cite to one of the following: S. Ct., L. Ed. or L. Ed. 2d, or U.S.L.W. in that order of preference. When subsequent history results in an opinion (such as aff’d, rev’d, vacated, overruled by, and abrogated by), use a full case citation.

11.

Exception to Bluebook rule 10.7.1(c) at 110: “Overruled by” (or “abrogated by”) is appropriate when a case explicitly repudiates (or effectively overrules or departs from) an earlier decision of a lower court as well as an earlier decision of the same court. Do not use “superseded by statute” or “superseded by constitutional amendment” subsequent history.

12.

Exception to Bluebook rule 12.3.1(d) at 124: When citing to a current or former, official or unofficial, version of a statute that is published by a private publisher, do not add the name of the publisher and year of publication, e.g., “(West)” or “(LexisNexis 2003),” unless the volume is being cited for something other than the text of the statute, in which case include the publisher name and year.

13.

Exception to Bluebook rule 12.3.2, at 124-25: Do not add the year in parentheses after a citation to a presently effective version of a statute or code.

14.

Exception to Bluebook rule 12.9.2, at 130: Do not add “Wash.” for codes and ordinances of Washington local governments. Do not add the year in parentheses after a citation to a presently effective version of a local code or ordinance.

15.

Exception to Bluebook rule 12.10(c) at 134: “Section” may be spelled out in text when referring to U.S.C. sections.

16.

Exception to Bluebook table T1.3, at 289: For Pennsylvania Superior Court cases, omit the public domain citation after the A.3d citation becomes available.

[Adopted effective September 1, 2003; amended effective February 19, 2009; December 28, 2010; December 8, 2015; July 3, 2018; September 1, 2025.]

citation: GR GR 14.Appendix

rule_number: GR 14.Appendix


title: Citation to Unpublished Opinions

text: GR 14.1 CITATION TO UNPUBLISHED OPINIONS (a) Washington Court of Appeals. Unpublished opinions of the Court of Appeals are those opinions not published in the Washington Appellate Reports. Unpublished opinions of the Court of Appeals have no precedential value and are not binding on any court. However, unpublished opinions of the Court of Appeals filed on or after March 1, 2013, may be cited as nonbinding authorities, if identified as such by the citing party, and may be accorded such persuasive value as the court deems appropriate. (b) Other Jurisdictions. A party may cite as an authority an opinion designated “unpublished,” “not for publication,” “non-precedential,” “not precedent,” or the like that has been issued by any court from a jurisdiction other than Washington state, only if citation to that opinion is permitted under the law of the jurisdiction of the issuing court. (c) Citation of Unpublished Opinions in Subsequent Opinions. Washington appellate courts should not, unless necessary for a reasoned decision, cite or discuss unpublished opinions in their opinions. (d) Copies of Unpublished Opinions. The party citing an unpublished opinion from a jurisdiction other than Washington shall file and serve a copy of the opinion as an appendix to the pleading in which the authority is cited. Comment RCW 2.06.040 provides that all cases having precedential value shall be published as opinions of the court. The statute further provides that each panel shall determine whether a decision has sufficient precedential value to be published, and those which do not shall not be published. [Adopted effective September 1, 2007; Amended effective September 1, 2016.]

citation: GR GR 14.1


title: Destruction, Sealing, and Redaction of Court Records

text:
GR 15 DESTRUCTION, SEALING, AND REDACTION OF COURT RECORDS (a) Purpose and Scope of the Rule. This rule sets forth a uniform procedure for the destruction, sealing, and redaction of court records. This rule applies to all court records, regardless of the physical form of the court record, the method of recording the court record, or the method of storage of the court record. (b) Definitions. (1) “Court file” means the pleadings, orders, and other papers filed with the clerk of the court under a single or consolidated cause number(s). (2) “Court record” is defined in GR 31(c)(4). (3) Destroy. To destroy means to obliterate a court record or file in such a way as to make it permanently irretrievable. A motion or order to expunge shall be treated as a motion or order to destroy. (4) Seal. To seal means to protect from examination by the public and unauthorized court personnel. A motion or order to delete, purge, remove, excise, erase, or redact shall be treated as a motion or order to seal. (5) Redact. To redact means to protect from examination by the public and unauthorized court personnel a portion or portions of a specified court record. (6) Restricted Personal Identifiers are defined in GR 22(b)(6). (7) Strike. A motion or order to strike is not a motion or order to seal or destroy. (8) Vacate. To vacate means to nullify or cancel. (c) Sealing or Redacting Court Records. (1) In a civil case, the court or any party may request a hearing to seal or redact the court records. In a criminal case or juvenile proceeding, the court, any party, or any interested person may request a hearing to seal or redact the court records. Reasonable notice of a hearing to seal must be given to all parties in the case. In a criminal case, reasonable notice of a hearing to seal or redact must also be given to the victim, if ascertainable, and the person or agency having probationary, custodial, community placement, or community supervision over the affected adult or juvenile. No such notice is required for motions to seal documents entered pursuant to CrR 3.1(f) or CrRLJ 3.1(f). (2) After the hearing, the court may order the court files and records in the proceeding, or any part thereof, to be sealed or redacted if the court makes and enters written findings that the specific sealing or redaction is justified by identified compelling privacy or safety concerns that outweigh the public interest in access to the court record. Agreement of the parties alone does not constitute a sufficient basis for the sealing or redaction of court records. Sufficient privacy or safety concerns that may be weighed against the public interest include findings that: (A) The sealing or redaction is permitted by statute; or (B) The sealing or redaction furthers an order entered under CR 12(f) or a protective order entered under CR 26(c); or (C) A conviction has been vacated; or

(D) The sealing or redaction furthers an order entered pursuant to RCW 4.24.611; or or

(E) The redaction includes only restricted personal identifiers contained in the court record; (F) Another identified compelling circumstance exists that requires the sealing or redaction.

(3) A court record shall not be sealed under this section when redaction will adequately resolve the issues before the court pursuant to subsection (2) above. (4) Sealing of Entire Court File. When the clerk receives a court order to seal the entire court file, the clerk shall seal the court file and secure it from public access. All court records filed thereafter shall also be sealed unless otherwise ordered. The existence of a court file sealed in its entirety, unless protected by statute, is available for viewing by the public on court indices. The information on the court indices is limited to the case number, names of the parties, the notation “case sealed,” the case type and cause of action in civil cases and the cause of action or charge in criminal cases, except where the conviction in a criminal case has been vacated, section (d) shall apply. The order to seal and written findings supporting the order to seal shall also remain accessible to the public, unless protected by statute. Comment See, e.g., chapter 13.50 RCW, which requires that sealed juvenile adjudications be “treated as if they never occurred,” and no information can be given about the existence or nonexistence of records concerning an individual. (5) Sealing of Specified Court Records. When the clerk receives a court order to seal specified court records the clerk shall: (A) On the docket, preserve the docket code, document title, document or subdocument number and date of the original court records; (B) Remove the specified court records, seal them, and return them to the file under seal or store separately. The clerk shall substitute a filler sheet for the removed sealed court record. If the court record ordered sealed exists in a microfilm, microfiche or other storage medium form other than paper, the clerk shall restrict access to the alternate storage medium so as to prevent unauthorized viewing of the sealed court record; and (C) File the order to seal and the written findings supporting the order to seal. Both shall be accessible to the public. (D) Before a court file is made available for examination, the clerk shall prevent access to the sealed court records. (6) Procedures for Redacted Court Records. When a court record is redacted pursuant to a court order, the original court record shall be replaced in the public court file by the redacted copy. The redacted copy shall be provided by the moving party. The original unredacted court record shall be sealed following the procedures set forth in (c)(5). (d) Procedures for Vacated Criminal Convictions. In cases where a criminal conviction has been vacated and an order to seal entered, unless protected by statue, the information in the public court indices shall be limited to the case number, case type with the notification “DV” if the case involved domestic violence, the adult or juvenile’s name, and the notation “vacated.” Comment See, e.g., chapter 13.50 RCW, which requires that sealed juvenile adjudications be “treated as if they never occurred,” and no information can be given about the existence or nonexistence of records concerning an individual. Per State v. Garza, 200 Wn.2d 449 (2022), a juvenile

adjudication is an order and finding within the meaning of chapter 13.50 RCW and is eligible for vacation. (e) Grounds and Procedure for Requesting the Unsealing of Sealed Records. (1) Sealed court records may be examined by the public only after the court records have been ordered unsealed pursuant to this section or after entry of a court order allowing access to a sealed court record. (2) Criminal Cases. A sealed court record in a criminal case shall be ordered unsealed only upon proof of compelling circumstances, unless otherwise provided by statute, and only upon motion and written notice to the persons entitled to notice under subsection (c)(1) of this rule except: (A) If a new criminal charge is filed and the existence of the conviction contained in a sealed record is an element of the new offense, or would constitute a statutory sentencing enhancement, or provide the basis for an exceptional sentence, upon application of the prosecuting attorney the court shall nullify the sealing order in the prior sealed case(s). (B) If a petition is filed alleging that a person is a sexually violent predator, upon application of the prosecuting attorney the court shall nullify the sealing order as to all prior criminal records of that individual. (3) Civil Cases. A sealed court record in a civil case shall be ordered unsealed only upon stipulation of all parties or upon motion and written notice to all parties and proof that identified compelling circumstances for continued sealing no longer exist, or pursuant to RCW 4.24 or CR 26(j). If the person seeking access cannot locate a party to provide the notice required by this rule, after making a good faith reasonable effort to provide such notice as required by the Superior Court Rules, an affidavit may be filed with the court setting forth the efforts to locate the party and requesting waiver of the notice provision of this rule. The court may waive the notice requirement of this rule if the court finds that further good faith efforts to locate the party are not likely to be successful. (4) Juvenile Proceedings. Inspection of a sealed juvenile court record is permitted only by order of the court upon motion made by the person who is the subject of the record, except as otherwise provided in RCW 13.50.010(8) and 13.50.050(23). Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order, pursuant to RCW 13.50.050(16). (f) Maintenance of Sealed Court Records. Sealed court records are subject to the provisions of RCW 36.23.065 and can be maintained in mediums other than paper. (g) Use of Sealed Records on Appeal. A court record or any portion of it, sealed in the trial court shall be made available to the appellate court in the event of an appeal. Court records sealed in the trial court shall be sealed from public access in the appellate court subject to further order of the appellate court. (h) Destruction of Court Records. (1) The court shall not order the destruction of any court record unless expressly permitted by statute. The court shall enter written findings that cite the statutory authority for the destruction of the court record. (2) In a civil case, the court or any party may request a hearing to destroy court records only if there is express statutory authority permitting the destruction of the court records. In a criminal case or juvenile proceeding, the court, any party, or any interested person may request a hearing

to destroy the court records only if there is express statutory authority permitting the destruction of the court records. Reasonable notice of the hearing to destroy must be given to all parties in the case. In a criminal case, reasonable notice of the hearing must also be given to the victim, if ascertainable, and the person or agency having probationary, custodial, community placement, or community supervision over the affected adult or juvenile. (3) When the clerk receives a court order to destroy the entire court file the clerk shall: (A) Remove all references to the court records from any applicable information systems maintained for or by the clerk except for accounting records, the order to destroy, and the written findings. The order to destroy and the supporting written findings shall be filed and available for viewing by the public. (B) The accounting records shall be sealed. (4) When the clerk receives a court order to destroy specified court records the clerk shall; (A) On the automated docket, destroy any docket code information except any document or sub-document number previously assigned to the court record destroyed, and enter “Order Destroyed” for the docket entry; (B) Destroy the appropriate court records, substituting, when applicable, a printed or other reference to the order to destroy, including the date, location, and document number of the order to destroy; and (C) File the order to destroy and the written findings supporting the order to destroy. Both the order and the findings shall be publicly accessible. (5) This subsection shall not prevent the routine destruction of court records pursuant to applicable preservation and retention schedules. (i) Trial Exhibits. Notwithstanding any other provision of this rule, trial exhibits may be destroyed or returned to the parties if all parties so stipulate in writing and the court so orders. (j) Effect on Other Statutes. Nothing in this rule is intended to restrict or to expand the authority of clerks under existing statutes, nor is anything in this rule intended to restrict or expand the authority of any public auditor, or the Commission on Judicial Conduct, in the exercise of duties conferred by statute. [Adopted effective September 22, 1989; Amended effective September 1, 1995; June 4, 1997; June 16, 1998; September 1, 2000; October 1, 2002; July 1, 2006; April 28, 2015; June 27, 2023.]

citation: GR GR 15

rule_number: GR 15


title: Courtroom Photography and Recording by the News Media

text:
GR 16 COURTROOM PHOTOGRAPHY AND RECORDING BY THE NEWS MEDIA (a) Video and audio recording and still photography by the news media are allowed in the courtroom during and between sessions, provided (1) that permission shall have first been expressly granted by the judge; and (2) that media personnel not, by their appearance or conduct, distract participants in the proceedings or otherwise adversely affect the dignity and fairness of the proceedings. (b) The judge shall exercise reasonable discretion in prescribing conditions and limitations with which media personnel shall comply. (c) If the judge finds that sufficient reasons exist to warrant limitations on courtroom photography or recording, the judge shall make particularized findings on the record at the time of announcing the limitations. This may be done either orally or in a written order. In determining what, if any, limitations should be imposed, the judge shall be guided by the following principles: (1) Open access is presumed; limitations on access must be supported by reasons found by the judge to be sufficiently compelling to outweigh that presumption; (2) Prior to imposing any limitations on courtroom photography or recording, the judge shall, upon request, hear from any party and from any other person or entity deemed appropriate by the judge; and (3) Any reasons found sufficient to support limitations on courtroom photography or recording shall relate to the specific circumstances of the case before the court rather than reflecting merely generalized views. Comment Before 1991 when GR 16 on “Cameras in the Courtroom” was first adopted, the subject had only been addressed in the Code of Judicial Conduct’s Canon 3(A)(7). The intent of the 1991 change was to make clear both that cameras were fully accepted in Washington courtrooms and also that broad discretion was vested in the court to decide what, if any, limitations should be imposed. In subsequent experience, both judges and the media have perceived a need for greater guidance as to how that judicial discretion should be exercised in a particular case. This 2003 amendment to GR 16 is intended to fill that practical need. While not providing much guidance for the court’s exercise of discretion, the Canon did contain some “illustrative guidelines” on how media personnel should conduct themselves while covering the courts. Although these guidelines were no longer a part of the rule once GR 16 was adopted, they continued to be published in the accompanying Comment. Some portions of those guidelines have now become outdated and others are superseded by language in the new GR 16. Because there continues to be potential value in some of the remaining guidelines, they will be here set out in redacted form: Publisher’s Note The text of the Illustrative Broadcast Guidelines and Illustrative Print Media Guidelines referred to in the Comment is set forth below: ILLUSTRATIVE BROADCAST GUIDELINES

1. Officers of Court. Broadcast newspersons should advise the bailiff prior to the start of a court session that they desire to electronically record and/or broadcast live from within the courtroom. The bailiff may have prior instructions from the judge as to where the broadcast reporter and/or camera operator may position themselves. In the absence of any directions from the judge or bailiff, the position should be behind the front row of spectator seats by the least used aisleway or other unobtrusive but viable location. 2. Pooling. Unless the judge directs otherwise, no more than one television camera should be taking pictures in the courtroom at any one time. It should be the responsibility of each broadcast news representative present at the opening of each session of court to achieve an understanding with all other broadcast representatives as to how they will pool their photographic coverage. This understanding should be reached outside the courtroom and without imposing on the judge or court personnel. 3. Broadcast Equipment. All running wires used should be securely taped to the floor. All broadcast equipment should be handled as inconspicuously and quietly as reasonably possible. Sufficient film and/or tape capacities should be provided to obviate film and/or tape changes except during court recess. No additional lights should be used without the specific approval of the presiding judge. 4. Decorum. Camera operators should not move tripod-mounted cameras except during court recess. All broadcast equipment should be in place and ready to function no less than 15 minutes before the beginning of each session of court. An accompanying set of “Illustrative Print Media Guidelines” contained substantially the same provisions from print media personnel. The only additional matters addressed were that still photographers should use cameras operating quietly and without a flash and they should not “assume body positions inappropriate for spectators.” [Adopted effective December 27, 1991; Amended effective January 4, 2005.]

citation: GR GR 16

rule_number: GR 16


title: Facsimile Transmission

text:
GR 17 FACSIMILE TRANSMISSION (a) Facsimile Transmission Authorized; Exceptions. (1) Except as set forth in subsection (a)(5), the clerks of the court may accept for filing documents sent directly to the clerk or to another by electronic facsimile (fax) transmission. A fax copy shall constitute an original for all court purposes. The attorney or party sending the document via fax to the clerk or to another shall retain the original signed document until 60 days after completion of the case. Documents to be transmitted by fax shall bear the notation: "SENT on _______________ (DATE) VIA FAX FOR FILING IN COURT. (2) If a document is transmitted by facsimile to another for filing with a court, by local court rule the person responsible for the filing may be required to attach an original affidavit as the last page of the document. The affidavit must bear the name of the court, case caption, case number, the name of the document to be filed, and a statement that the individual signing the affidavit has examined the document, determined that it consists of a stated number of pages, including the affidavit page, and that it is complete and legible. The affidavit shall bear the original signature, the printed name, address, phone number and facsimile number of the individual who received the document for filing. (3) The clerk of the court may use fax transmission to send any document requiring personal service to one charged with personally serving the document. Notices and other documents may be transmitted by the clerk to counsel of record by fax. (4) Clerks may charge reasonable fees to be established in statute, for receiving, collating, and verifying fax transmissions. (5) Without prior approval of the clerk of the receiving court, facsimile transmission is not authorized for judge's working copies (courtesy copies) or for those documents for which a filing fee is required. Original wills and negotiable instruments may not be filed by facsimile transmission. (6) Facsimile Machine Not Required. Nothing in this rule shall require an attorney or a clerk of a court to have a facsimile machine. (b) Conditions. (1) Documents transmitted to the clerk by fax shall be letter size (8-1/2 by 11 inches). Unless otherwise provided by local court rule, documents over 20 pages in length may not be filed by fax without prior approval of the clerk. (2) Any document transmitted to the clerk by fax must be accompanied by a fax transmittal sheet in a format prescribed by the court. The form must include the case number (if any), case caption, number of pages, the sender's name, the senders voice and facsimile telephone numbers, and fax fee remittance certification. Transmittal sheets are not considered legal filings. (3) A document transmitted directly to the clerk of the court shall be deemed received at the time the clerk's fax machine electronically registers the transmission of the first page, regardless of when final printing of the document occurs, except that a document received after the close of normal business hours shall be considered received the next judicial day. If a document is not completely transmitted, it will not be considered received. A document transmitted to another for filing with the clerk of the court will be deemed filed when presented to the clerk in the same manner as an original document. (4) Court personnel will not verify receipt of a facsimile transmission by telephone or

return transmission and persons transmitting by facsimile shall not call the clerk's office to verify receipt. (5) The clerk shall develop procedures for the collection of fax service fees for those documents transmitted directly to the clerk. Nonpayment of the fax service fee shall not affect the validity of the filing. (6) Agencies or individuals exempt from filing fees are not exempt from the fax service fees for documents transmitted directly to the clerk. [Adopted effective September 1, 1993; Amended effective September 1, 2017.]

citation: GR GR 17

rule_number: GR 17


title: Jury Source List

text:
GR 18 JURY SOURCE LIST (a) Effective Date. Effective September 1, 1994, all prospective jurors shall be identified using the jury source list as herein provided. (b) Jury Source List. “Jury source list” means the list of all registered voters of a county, merged with a list of licensed drivers and identicard holders who reside in that county. The list shall specify each person's first and last name, middle initial, date of birth, gender, mailing address, and residence address. When legally available for jury selection use, each such list shall also specify each person’s Social Security number. (c) Order of the Supreme Court. The jury source list shall be created utilizing the methodology and standards set forth by Supreme Court order and by Laws of 1993, ch. 408, subsection 1. (d) Juror Qualification Confirmation. Each court, after consultation with the county auditor and county clerk of its jurisdiction, shall establish a means to preliminarily determine by written declaration signed under penalty of perjury by each person summoned, the qualifications set forth in RCW 2.36.070 of each person summoned for jury duty prior to the person’s appearance at the court to which the person is summoned to serve. Information so provided to the court for preliminary determination of qualification for jury duty may only be used for the term such person is summoned and may not be used for any other purpose. Provided, that the court, or its designee, may report a change of address or nondelivery of summons of persons summoned for jury duty to the county auditor. THE SUPREME COURT OF WASHINGTON In the Matter of the Jury Source List Pursuant to General Rule 18 of the Washington Rules of Court

) ) ) ) )

No.

ORDER

General Rule 18 of the Washington Court Rules provides that the Supreme Court of the State of Washington should designate by order the creation of the jury source list. Now, Therefore, It is hereby ordered: That the jury source list shall be created according to the attached appendix describing the methodology and standards for creating the jury source list by merging the list of registered voters for a county with the list of licensed drivers and identicard holders who reside in that county. That Washington Technology Solutions shall make available by May 1, 2016, and annually thereafter, via secure file transfer, a jury source list created by Washington Technology Solutions according to the methodology and standards set forth in the attached appendix, and a separate list of licensed drivers and identicard holders residing in each county, and a separate list of registered voters residing in each county. That each superior court may access a jury source list from Washington Technology Solutions by May 1, 2016, and annually thereafter, via secure file transfer protocol, a list which shall be created according to the methodology and standards set forth in the attached appendix. Provided, that the jury source list may be created, at the direction of the presiding judge of each superior court after consultation with the county auditor and the county clerk of that jurisdiction, by the county, according to the methodology and standards set forth in the attached appendix. If a

superior court elects to have the jury source list created by the county the superior court may access, via secure file transfer protocol, by May 1, 2016, and annually thereafter, a separate list of licensed drivers and identicard holders residing in that county from Washington Technology Solutions and a separate list of registered voters residing in that county from Washington Technology Solutions. Each superior court may choose annually which files to transfer to their local secure sever. That in the event, for any reason, the jury source list is not created and available for use as set forth above, the most recent previously compiled jury source list shall be used by the courts on an emergency basis only for the shortest period of time until a current jury source list is created and available for use as provided for herein. Dated at Olympia, Washington, this ____ day of _____________, 20____. ___________________________________ Chief Justice

APPENDIX This appendix describes the methodology for merging the list of registered voters and the list of licensed drivers and identicard holders to form a jury source list pursuant to GR 18 and the Supreme Court of Washington order to which this appendix is attached. Records of persons from the list of licensed drivers and identicard holders shall not be used in creating a jury source list if their license or identicard has been expired longer than 90 days. Records of persons from the registered voter list shall not be used in creating a jury source list if they are in an inactive status. Persons on the list of registered voters and on the list of licensed drivers and identicard holders shall be identified based on the following data: date of birth, last name, first name, middle initial, gender and county code to reflect residence address. Upon notification by the Supreme Court of Washington of the legal availability of the Social Security number for jury selection purposes, the persons on each list shall also be identified by Social Security number. The list of registered voters and the list of licensed drivers and identicard holders shall be merged to form a jury source list. Using the identifying information on each person, known duplicate names shall be eliminated during the merging process so that the jury source list shall contain, to the extent reasonably possible, each prospective juror's name only once. Conflicts of addresses shall be resolved by using the address most currently provided for the lists from which the names originated. If suspected duplication of names on the jury source list cannot be resolved after reasonable efforts at the county level, the suspected duplicate names shall be stricken from that jury source list. Selection of persons for the master jury list from the jury source list, and the designation of persons on the master jury list to be summoned, shall be random and totally without regard to whether a person's name originally appeared on the list of registered voters, or on the list of licensed drivers and identicard holders, or both. [Adopted effective September 1, 1994; Amended effective September 1, 2009; January 1, 2016.]

citation: GR GR 18

rule_number: GR 18


title: Video Conference Proceedings

text: GR 19 VIDEO CONFERENCE PROCEEDINGS The Office of the Administrator for the Courts (AOC) shall promulgate standards for facilities and equipment and provide technical assistance to courts required. [Adopted effective September 1, 1997; Amended effective December 28, 1999.]

citation: GR GR 19

rule_number: GR 19


title: Security in Handling Court Exhibits

text: GR 20 SECURITY IN HANDLING COURT EXHIBITS (a) Hazardous, Valuable, and Bulky Exhibits. Upon petition of the clerk or any party and order of the court, a hazardous exhibit, money, an item of negotiable value, or an item deemed to be excessively bulky may be admitted and then withdrawn upon the substitution of photograph(s), videotape(s), samples or other facsimile representations as provided by the order. The photograph(s), videotape(s), samples or other facsimile representations may be used to demonstrate the existence, quantity, and physical characteristic of the evidence. The order shall direct the disposition of the original evidence and shall state whether the evidence shall be further documented by a descriptive certificate issued by an authorized agency. (b) Controlled Substances. When controlled substances or samples thereof are presented in court, such items shall be presented under sealed evidence tape in containers whose labels describe their contents. Sealed controlled substances presented as exhibits shall be unsealed in open court and, upon completion of the action for which unsealing was ordered, the item shall be sealed again. (c) Original Exhibit. When a photograph, videotape, or other facsimile representation is substituted, the original exhibit must be retained by the presenting party or agency until at least sixty (60) days following case completion and must produce the original exhibit upon the court’s direction. Case completion is defined as the date of filing of the judgment of acquittal, final judgment, or dismissal, or the date the judgment becomes final after appeal. (d) Appeal. Exhibits handled under these rules shall have the same standing for purposes of appeal as would the original exhibits. (e) Hazardous Exhibits. For purposes of this rule, “hazardous exhibit” means an exhibit that unreasonably threatens the health and safety of persons handling the exhibit, including exhibits having potentially toxic, explosive, or disease-carrying characteristics. Nonexclusive examples of hazardous exhibits include firearms, knives and other weapons, live ammunition, controlled substances, bodily fluid samples, and bloody clothing. [Adopted effective September 1, 1997; Amended effective September 1, 2000.]

citation: GR GR 20

rule_number: GR 20


title: Emergency Court Closure

text: GR 21 EMERGENCY COURT CLOSURE (a) Generally. A court may be closed if weather, technological failure or other hazardous or emergency conditions or events are or become such that the safety and welfare of the employees are threatened or the court is unable to operate or demands immediate action to protect the court, its employees or property. Closure may be ordered by the chief justice, the presiding chief judge, presiding judge or other judge so designated by the affected court in their discretion during the pendency of such conditions or events. (b) Order and Notification. Whenever a court is closed in accordance with section (a), the chief justice, presiding chief judge, presiding judge or other judge directing the closure of the court shall enter an administrative order closing the court which shall be filed with the clerk of the affected court. It shall also be the responsibility of the chief justice, the presiding chief judge, the presiding judge or other judge so designated by the affected court to notify the Office of the Administrator for the Courts of any decision to close a court. All oral notifications to the Office of the Administrator for the Courts shall be followed as soon as practicable with a written statement outlining the condition or event necessitating such action and the length of such closure. (c) Filings and Hearings--Time Extended. Reserved. See GR 3. [Adopted effective October 19, 1999. Amended effective January 1, 2023.]

citation: GR GR 21

rule_number: GR 21


text:
GR 22 ACCESS TO FAMILY LAW, PROTECTION ORDER, GUARDIANSHIP, AND THERAPEUTIC COURT RECORDS (a) Purpose and Scope of this Rule. This rule governs access to family law, protection order, guardianship, and therapeutic court records, whether the records are maintained in paper or electronic form. The policy of the courts is to facilitate public access to court records, provided that such access will not present an unreasonable invasion of personal privacy, will not permit access to records or information defined by law or court rule as confidential, sealed, exempted from disclosure, or otherwise restricted from public access, and will not be unduly burdensome to the ongoing business of the courts. (b) Definition and Construction of Terms. (1) “Court record” is defined in GR 31 (c)(4). (2) “Family law, protection order, or guardianship case” means any case filed under chapters 7.105, 11.130, 26.09, 26.12, 26.18, 26.21, 26.23, 26.26, 26.27, 26.52, 73.36 and 74.34 RCW. (3) “Personal Health Care Record” means any record or correspondence that contains health information that: (1) relates to the past, present, or future physical or mental health condition of an individual including past, present, or future payments for health care; or (2) involves genetic parentage testing. (4) “Personal Privacy” is unreasonably invaded only if disclosure of information about the person or the family (a) would be highly offensive to a reasonable person and (b) is not of legitimate concern to the public. (5) “Public access” means unrestricted access to view or copy a requested court record. (6) “Restricted personal identifiers” means a party’s social security number, a party’s driver’s license number, a party’s telephone number, financial account numbers, social security number of a minor child and date of birth of a minor child. Comment A party is not required to provide a residence address. Petitioners or counsel to a family law case will provide a service or contact address in accordance with CR 4.1 that will be publicly available and all parties and counsel should provide a contact address if otherwise required. Pattern forms shall be modified, as necessary, to reflect the intent of this rule. (7) “Retirement plan order” means a supplemental order entered for the sole purpose of implementing a property division that is already set forth in a separate order or decree in a family law case. A retirement plan order may not grant substantive relief other that what is set forth in a separate order. Examples of retirement plan orders are orders that implement a division of retirement, pension, insurance, military, or similar benefits as already defined in a decree of dissolution of marriage. (8) “Sealed financial source documents” means income tax returns, W-2s and schedules, wage stubs, credit card statements, financial institution statements, checks or the equivalent, check registers, loan application documents, and retirement plan orders, as well as other financial information sealed by court order.

(9) “Therapeutic court cases” means any case in which a party is receiving treatment pursuant to a therapeutic court program under chapter 2.30 RCW, other than proceedings under chapter 13.34 RCW. (c) Access to Family Law, Protection Order, Guardianship, and Therapeutic Court Records. (1) General Policy. Except as provided in RCW 26.26A.500 and subsections (c)(2) and (c)(3) below, all court records shall be open to the public for inspection and copying upon request. The Clerk of the court may assess fees, as may be authorized by law, for the production of such records. (2) Restricted Access. The Law Enforcement and Confidential Information Form (LECIF), Sealed Financial Source Documents, Domestic Violence Information Form, Notice of Intent to Relocate required by RCW 26.09.440, Sealed Personal Health Care Record, Retirement Plan Order, Confidential Reports as defined in (e)(2)(B), copies of any unredacted Judicial Information System (JIS) database information considered by the court for parenting plan approval as set forth in (f) of this rule, any Personal Information Sheet necessary for JIS purposes, and evaluations and reports pursuant to chapter 10.77 RCW, therapeutic court risk/needs assessments, treatment evaluation and treatment compliance forms used in therapeutic court cases or otherwise ordered by a court, shall only be accessible as provided in sections (h) and (i) herein. (3) Excluded Records. This section (c) does not apply to court records that are sealed as provided in GR 15, or to which access is otherwise restricted by law. (d) Restricted Personal Identifiers Not Required—Except. Parties to a family law case, parties to a protection order case, or the respondent, individual subject to guardianship, conservatorship or other protective arrangement, or other party in a guardianship case or defendants in a therapeutic court or those ordered to do treatment by a therapeutic court shall not be required to provide restricted personal identifiers in any document filed with the court or required to be provided upon filing a family law, protection order, or guardianship case, except: (1) “Sealed financial source documents” filed in accordance with (g)(1). (2) The following forms: Confidential Information Form, Domestic Violence Information Form, Notice of Intent to Relocate required by RCW 26.09.440, Vital Statistics Form, Law Enforcement and Confidential Information Form (LECIF), Foreign Protection Order Information Form, and any Personal Information Sheet necessary for JIS purposes. (3) Court requested documents that contain restricted personal identifiers, which may be submitted by a party as financial source documents under the provisions of section (g) of this rule. Comment Court records not meeting the definition of “Sealed Financial Source Documents,” “Personal Health Care Records,” Retirement Plan Orders, Confidential Reports or court records that otherwise meet the definition but have not been submitted in accordance with (g)(1) are not automatically sealed. Section (3) provides authority for the court to seal court records containing restricted personal identifiers upon motion of a party, or on the court’s own motion during a hearing or trial. (e) Filing of Reports in Family Law, Protection Order, Guardianship, and Therapeutic Court Cases—Cover Sheet.

(1) This section applies to documents that are intended as reports to the court in Family law, Protection Order, Guardianship, and therapeutic court cases including, but not limited to, the following: (A) Parenting evaluations; (B) Domestic Violence Assessment Reports created by Family Court Services or a qualified expert appointed by the court, or created for a therapeutic court purpose or otherwise ordered by a court; (C) Risk Assessment Reports created by Family Court Services or a qualified expert, or created for a therapeutic court purpose or otherwise ordered by a court; (D) Treatment evaluation and compliance reports required by a therapeutic court or otherwise ordered by a court; (E) Mental health competency evaluations; (F) CPS Summary Reports created by Family Court Services or supplied directly by Children’s Protective Services; (G) Sexual abuse evaluations; and (H) Reports of a guardian ad litem or Court Appointed Special Advocate, visitor, or court visitor. (2) Reports shall be filed as two separate documents, one public and one sealed. (A) Public Document. The public portion of any report shall include a simple listing of: (i) Materials or information reviewed; (ii) Individuals contacted; (iii) Tests conducted or reviewed; and (iv) Conclusions and recommendations. (B) Sealed Document. The sealed portion of the report shall be filed with a coversheet designated: “Sealed Confidential Report.” The material filed with this coversheet shall include: (i) Detailed descriptions of material or information gathered or reviewed; (ii) Detailed descriptions of all statements reviewed or taken; (iii) Detailed descriptions of tests conducted or reviewed; and (iv) Any analysis to support the conclusions and recommendations. (3) The sealed portion may not be placed in the court file or used as an attachment or exhibit to any other document except under seal. Plan.

(f) Information Obtained from JIS Databases with Regard to Approval of a Parenting

When a judicial officer proposes to consider information from a JIS database relevant to the placement of a child in a parenting plan, the judicial officer shall either orally disclose on the

record or disclose the relevant information in written form to each party present at the hearing, and, on timely request, provide any party an opportunity to be heard regarding that information. The judicial officer has discretion not to disclose information that they do not propose to consider. The judicial officer may restrict secondary dissemination of written unredacted JIS database information not available to the public. (g) Sealing Financial Source Documents, Personal Health Care Records, and Sealed Confidential Reports in Family Law, Protection Order, Guardianship, and Therapeutic Court Cases--Cover Sheet. (1) Financial source documents, personal health care records, confidential reports as defined in (e)(2)(B) of this rule, and copies of unredacted JIS database records considered by the court for parenting plan approval as set forth in (f) of this rule, shall be submitted to the clerk under a cover sheet designated “SEALED FINANCIAL SOURCE DOCUMENTS,” “SEALED PERSONAL HEALTH CARE RECORDS,” “SEALED CONFIDENTIAL REPORT,” or “JUDICIAL INFORMATION SYSTEM DATABASE RECORDS” for filing in the court record of family law, protection order, guardianship, or therapeutic court cases. (2) All financial source documents, personal health care records, confidential reports, or JIS database records so submitted shall be automatically sealed by the clerk. The cover sheet or a copy thereof shall remain part of the public court file. (3) The court may order that any financial source documents containing restricted personal identifiers, personal health care records, any report containing information described in (e)(2)(B), or copies of unredacted JIS database records considered by the court for parenting plan approval as described in (f) be sealed, if they have not previously automatically been sealed pursuant to this rule. (4) These cover sheets may not be used for any documents except as provided in this rule. Sanctions may be imposed upon any party or attorney who violates this rule. Comment See comment to (d)(3) above. (h) Access by Courts, Agencies, and Parties to Restricted Documents. (1) Unless otherwise provided by statute or court order, the following persons shall have access to all records in family law, protection order, guardianship, or therapeutic court cases: (A) Judges, commissioners, other court personnel, the Commission on Judicial Conduct, and the Certified Professional Guardianship and Conservatorship Board may access and use restricted court records only for the purpose of conducting official business of the court, Commission, or Board. (B) Any state administrative agency of any state that administers programs under Title IV-A, IV-D, IV-E, or XIX of the federal Social Security Act. (2) Except as otherwise provided by statute or court order, the following persons shall have access to all documents filed in a family law, protection order, guardianship, or therapeutic court case, except the Personal Information Sheet, Vital Statistics Form, Confidential Information Form, Law Enforcement and Confidential Information Form (LECIF), Domestic Violence Information Form, Law Enforcement Information Form, and Foreign Protection Order Information Form. (A) Parties of record as to their case.

(B) Attorneys as to cases where they are attorneys of record. (C) Court appointed Title 11 guardians ad litem, visitor, or court visitor as to cases where they are actively involved. (i) Access to Court Records Restricted Under This Rule. (1) The parties may stipulate in writing to allow public access to any court records otherwise restricted under section (c)(2) above. (2) Any person may file a motion, supported by an affidavit showing good cause, for access to any court record otherwise restricted under section (c)(2) above, or to be granted access to such court records with specified information deleted. Written notice of the motion shall be provided to all parties in the manner required by the Superior Court Civil Rules. If the person seeking access cannot locate a party to provide the notice required by this rule, after making a good faith reasonable effort to provide such notice as required by the Superior Court Rules, an affidavit may be filed with the court setting forth the efforts to locate the party and requesting waiver of the notice provision of this rule. The court may waive the notice requirement of this rule if the court finds that further good faith efforts to locate the party are not likely to be successful, or if the motion requests access to redacted JIS database records. (A) The court shall allow access to court records restricted under this rule, or relevant portions of court records restricted under this rule, if the court finds that the public interests in granting access or the personal interest of the person seeking access outweigh the privacy and safety interests of the parties or dependent children. (B) Upon receipt of a motion requesting access, the court may provide access to JIS database records described in (f) after the court has reviewed the JIS database records and redacted pursuant to GR 15(c), any data which is confidential or restricted by statute or court rule. (C) If the court grants access to restricted court records, the court may enter such orders necessary to balance the personal privacy and safety interests of the parties or dependent children with the public interest or the personal interest of the party seeking access, consistent with this rule. [Adopted effective October 1, 2001; Amended effective July 1, 2006; August 11, 2009; July 27, 2021; September 1, 2022; November 1, 2022.]

citation: GR GR 22

rule_number: GR 22