title: Taking of Testimony

text:
CRLJ 43 TAKING OF TESTIMONY (a) Testimony. (1) Generally. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise directed by the court or provided by rule or statute. (2) Multiple Examinations. When two or more attorneys are on the same side trying a case, the attorney conducting the examination of a witness shall continue until the witness is excused from providing testimony; and all objections and offers of proof made during the examination of such witness shall be made or announced by the attorney who is conducting the examination or crossexamination.

(b) and (c) [Reserved. See ER 103 and 611.] (d) Oaths of Witnesses. (1) Administration. The oaths of all witnesses (i) shall be administered by the judge and (ii) shall be administered to each witness individually. (2) Applicability. This rule shall not apply to civil ex parte proceedings, and in such cases the manner of swearing witnesses shall be as each court may prescribe. (3) Affirmation in Lieu of Oath. Whenever under these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof. (e) Evidence on Motions. When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions. (f) Adverse Party as Witness. (1) Party or Managing Agent as Adverse Witness. A party, or anyone who at the time of the notice is an officer, director, or other managing agent (herein collectively referred to as "managing agent") of a public or private corporation, partnership or association that is a party to an action or proceeding may be examined at the instance of any adverse party. Appearance of such deponent or witness may be compelled solely by notice (in lieu of a subpoena) given in the manner prescribed in CR 30(b)(1) to opposing counsel of record. Notices for the attendance of a party or of a managing agent at the trial shall be given not less than 10 days before trial (exclusive of the day of service, Saturdays, Sundays, and court holidays). For good cause shown in the manner prescribed in CR 26(c), the court may make orders for the protection of the party or managing agent to be examined. (2) Effect of Discovery, etc. A party who has served interrogatories to be answered by the adverse party or who has taken the deposition of an adverse party or of the managing agent of an adverse party shall not be precluded for that reason from examining such adverse party or managing agent at the trial. Matters admitted by an adverse party or managing agent in interrogatory answers, deposition testimony, or trial testimony are not conclusively established and may be rebutted. (3) Refusal To Appear and Testify; Penalties. If a party or a managing agent refuses to testify before the officer designated to take that person’s deposition or at the trial after notice

served as prescribed in CR 30(b)(1), the complaint, answer, or reply of the party may be stricken and judgment taken against the party, and the contumacious party or managing agent may also be proceeded against as in other cases of contempt. This rule shall not be construed: (i) to compel any person to answer any question where such answer might tend to be incriminating; (ii) to prevent a party from using a subpoena to compel the appearance of any party or managing agent to give testimony by deposition or at the trial; or (iii) to limit the applicability of any other sanctions or penalties provided in CR 37 or otherwise for failure to attend and give testimony. (g) Attorney as Witness. If any attorney offers to be a witness on behalf of the attorney’s client and gives evidence on the merits, the attorney shall not argue the case to the jury, unless by permission of the court. (h) Recording as Evidence. Whenever the testimony of a witness at a trial or hearing which was recorded is admissible in evidence at a later trial, it may be proved by the recording thereof duly certified by the person who recorded the testimony. (i) [Reserved. See ER 804.] (j) Record in Retrial of Nonjury Cases. In the event a cause has been remanded by the court for a new trial or the taking of further testimony, and such cause shall have been tried without a jury, and the testimony in such cause shall have been taken in full and used as the record upon review, either party upon the retrial of such cause or the taking of further testimony therein shall have the right, provided the court shall so order after an application on 10 days' notice to the opposing party or parties, to submit said record as the testimony in said cause upon its second hearing, to the same effect as if the witnesses called by either party in the earlier hearing had been called, sworn, and testified in the further hearing; but no party shall be denied the right to submit other or further testimony upon such retrial or further hearing, and the party having the right of cross examination shall have the privilege of subpoenaing any witness whose testimony is contained in such record for further cross examination. (k) Juror Questions for Witnesses. The court shall permit jurors to submit to the court written questions directed to witnesses. Counsel shall be given an opportunity to object to such questions in a manner that does not inform the jury that an objection was made. The court shall establish procedures for submitting, objecting to, and answering questions from jurors to witnesses. The court may rephrase or reword questions from jurors to witnesses. The court may refuse on its own motion to allow a particular question from a juror to a witness. [Adopted effective September 1, 1984; Amended effective September 1, 1989; October 1, 2002; September 1, 2006; September 1, 2022; July 9, 2024.]

citation: CRLJ CRLJ 43

rule_number: CRLJ 43


doc_type: court-rule

jurisdiction: wa

title: Proof of Official Record

text: CRLJ 44 PROOF OF OFFICIAL RECORD (a) Authentication. (1) Domestic. An official record kept within the United States, or any state, district, commonwealth, territory, or within a territory subject to the administrative or judicial jurisdiction of the United States, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by the officer's deputy, and accompanied by a certificate that such officer has the custody. The certificate may be made by a judge of a court of record of the district or political subdivision in which the record is kept, authenticated by the seal of the court, or may be made by any public officer having a seal of office or official custody of the seal of the political subdivision and having official duties in the district or political subdivision in which the record is kept, authenticated by the seal of the officer's office or the seal of the political subdivision. (2) Foreign. A foreign official record, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof; or a copy thereof, attested by a person authorized to make the attestation, and accompanied by a final certification as to the genuineness of the signature and official position (i) of the attesting person, or (ii) of any foreign official whose certificate of genuineness of signature and official position relates to the attestation or is in a chain of certificates of genuineness of signature and official position relating to the attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of the documents, the court may, for good cause shown, either admit an attested copy without final certification or permit the foreign official record to be evidenced by an attested summary with or without a final certification. The final certification is unnecessary if the record and the attestation are certified as provided in a treaty or convention to which the United States and the foreign country in which the official record is located are parties. (b) Lack of Record. A written statement that after diligent search no record or entry of a specified tenor is found to exist in the records, designated by the statement, authenticated as provided in subsection (a)(1) of this rule in the case of a domestic record, or complying with the requirements of subsection (a)(2) of this rule for a summary in the case of a foreign record, is admissible as evidence that the records contain no such record or entry. (c) Other Proof. This rule does not prevent the proof of official records or of entry or lack of entry therein by any other method authorized by law. [Adopted effective September 1, 1984; Amended effective September 1, 1989; September 1, 1994.]

license: public-domain-government-work

citation: CRLJ CRLJ 44

rule_set: CRLJ

rule_number: CRLJ 44


title: Determination of Foreign Law

text: CRLJ 44.1 DETERMINATION OF FOREIGN LAW (a) Pleading. A party who intends to raise an issue concerning the law of a state, territory, or other jurisdiction of the United States, or a foreign country shall give notice in the party’s pleadings in accordance with rule 9(k). (b) United States Jurisdiction. The law of a state, territory, or other jurisdiction of the United States shall be determined as provided in RCW 5.24. (c) Other Jurisdictions. The court, in determining the law of any jurisdiction other than a state, territory, or other jurisdiction of the United States, may consider any relevant written material or other source, including testimony, having due regard for their trustworthiness, whether or not submitted by a party and whether or not admissible under the Rules of Evidence. If the court considers any material or source not received in open court, prior to its determination the court shall: (1) Identify in the record such material or source; (2) Summarize in the record any unwritten information received; and (3) Afford the parties an opportunity to respond thereto. The court’s determination shall be treated as a ruling on a question of law. [Adopted effective September 1, 1984; Amended effective September 1, 1989; September 1, 2022.]

citation: CRLJ CRLJ 44.1

rule_number: CRLJ 44.1


title: Subpoena

text:
CRLJ 45 SUBPOENA (a) Form; Issuance. (1) Every subpoena shall: (A) state the name of the court from which it is issued; (B) state the title of the action, the name of the court in which it is pending, and its case number; (C) command each person to whom it is directed to appear and give testimony or to produce and permit inspection and copying of designated books, documents, or tangible things in the possession, custody, or control of that person, or to permit inspection of premises, at a time and place therein specified; and (D) set forth the text of subsections (c) and (d) of this rule. (2) A subpoena to appear at a deposition shall state the method for recording the testimony. (3) A command to a person to produce evidence or to permit inspection may be joined with a command to appear at trial or hearing or at deposition, or may be issued separately. A party may be compelled to produce evidence at a deposition or permit inspection only in accordance with rule 26. (4) A subpoena may be issued by the court in which the action is pending in the name of the State of Washington or by the clerk in response to a praecipe. An attorney of record of a party or other person authorized by statute may issue and sign a subpoena, subject to RCW 5.56.010. (b) Service. (1) A subpoena may be served by any suitable person over 18 years of age by giving the person named therein a copy thereof, or by leaving a copy at such person’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. When service is made by any person other than an officer authorized to serve process, proof of service shall be made by affidavit. (2) A subpoena commanding production of documents and things, or inspection of premises, without a command to appear for deposition, hearing or trial, shall be served on each party in the manner prescribed by rule 5(b). Such service shall be made no fewer than five days prior to service of the subpoena on the person named therein, unless the parties otherwise agree or the court otherwise orders for good cause shown. A motion for such an order may be made ex parte. (c) Protection of Persons Subject to Subpoenas. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that

subpoena. The court shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney’s fee. (2)(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to subsection (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce and all other parties, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded. (3)(A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it: (i) fails to allow reasonable time for compliance; (ii) fails to comply with RCW 5.56.010 or subsection (e)(2) of this rule; (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden, provided that the court may condition denial of the motion upon a requirement that the subpoenaing party advance the reasonable cost of producing the books, papers, documents, or tangible things. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert’s opinion or information not describing specific events or occurrences in dispute and resulting from the expert’s study made not at the request of any party, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) Duties in Responding to Subpoena.

(1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2)(A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information in camera to the court for a determination of the claim. The person responding to the subpoena must preserve the information until the claim is resolved. (e) Subpoena for Taking Deposition, Producing Documents, or Permitting Inspection. (1) Witness Fees and Mileage. [Reserved. See RCW 2.40.020.] (2) Place of Examination. A resident of the state may be required to appear for examination, produce documents, or permit inspection only in the county where the person resides or is employed or transacts business in person, or at such other convenient place as is fixed by an order of the court. A nonresident of the state may be required to appear for examination, produce documents, or permit inspection only in the county where the person is served with a subpoena, or within 40 miles from the place of service, or at such other convenient place as is fixed by an order of the court. (3) Foreign Proceedings for Local Actions. When the place of examination, production, or inspection is in another state, territory, or country, the party desiring to take the deposition, obtain production, or conduct inspection may secure the issuance of a subpoena or equivalent process in accordance with the laws of such state, territory, or country. (4) Local Depositions for Foreign Actions. When any officer or person is authorized to take depositions in this state by the law of another state, territory, or country, with or without a commission, a subpoena to require appearance before such officer or person may be issued by any court of this state for attendance at any place within its jurisdiction. (f) Subpoena for Hearing or Trial. (1) When Witnesses Must Appear—Fees and Allowances. [Reserved. See RCW 5.56.010.] (2) When Excused. A witness subpoenaed to appear in a civil case is dismissed and excused from further appearance as soon as the witness has given testimony in chief and has been cross-examined thereon, unless either party moves in open court that the witness remain in appearance and the court so orders. Witness fees will not be allowed any witness after the day on which the witness’ testimony is given, except when the witness has in open court been required to remain in further appearance, and when so required, the clerk shall note that fact.

(g) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to appear for a deposition, produce documents, or permit inspection at a place not within the limits provided by subsection (e)(2). (h) Form. A subpoena should be substantially in the form below. State of Washington [NAME OF COURT] County of ________________________________ No. ____________________________

_________________________________ v.

SUBPOENA IN A CIVIL CASE

_________________________________ TO: [ ] YOU ARE COMMANDED to appear in the above captioned court at the place, date, and time specified below to testify in the above case. ___________________________ PLACE OF TESTIMONY

____________________________________ COURTROOM ____________________________________ DATE AND TIME

[ ] YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case. Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. CRLJ 26. ___________________________ PLACE OF DEPOSITION

____________________________________ DATE AND TIME

[ ] YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or tangible things at the place, date, and time specified below (list documents or objects): ___________________________

____________________________________

PLACE

DATE AND TIME

[ ] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. ___________________________ PREMISES

____________________________________ DATE AND TIME

____________________________________________________________________ ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER _____________________________________________________________________________ PROOF OF SERVICE DATE __________________

PLACE SERVED ________________________________

____________________________________________________________________ SERVED ON (PRINT NAME) MANNER OF SERVICE ____________________________________________________________________ SERVED BY (PRINT NAME) TITLE _____________________________________________________________________________ DECLARATION OF SERVER I declare under penalty of perjury under the laws of the State of Washington that the foregoing information contained in the Proof of Service is true and correct. Executed on __________________________________________________________________ DATE/PLACE SIGNATURE OF SERVER _____________________________________ ADDRESS OF SERVER

CRLJ 45, Sections (c) & (d): (c) Protection of Persons Subject to Subpoenas. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney’s fee. (2)(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person

at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to subsection (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce and all other parties, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded. (3)(A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it: (i) fails to allow reasonable time for compliance; (ii) fails to comply with RCW 5.56.010 or subsection (e)(2) of this rule; (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden, provided that the court may condition denial of the motion upon a requirement that the subpoenaing party advance the reasonable cost of producing the books, papers, documents, or tangible things. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert’s opinion or information not describing specific events or occurrences in dispute and resulting from the expert’s study made not at the request of any party, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (d) Duties in Responding to Subpoena. (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the

categories in the demand. (2)(A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information in camera to the court for a determination of the claim. The person responding to the subpoena must preserve the information until the claim is resolved. [Adopted effective September 1, 1984; Amended effective September 1, 1989; September 1, 2009; July 9, 2024.]

citation: CRLJ CRLJ 45

rule_number: CRLJ 45


title: Exceptions Unnecessary

text: CRLJ 46 EXCEPTIONS UNNECESSARY Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action that the party desires the court to take or the party’s objection to the action of the court and the grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice the party. [Adopted effective September 1, 1984; Amended effective September 1, 1989; September 1, 2022.]

citation: CRLJ CRLJ 46

rule_number: CRLJ 46


title: Jurors

text: CRLJ 47 JURORS (a) Examination, Selection, etc. See rule 38. (b) Care of Jury While Deliberating. (1) Generally. During trial and deliberations the jury may be allowed to separate unless good cause is shown, on the record, for sequestration of the jury. (2) Communication Restricted. Unless the jury is allowed to separate, the jurors shall be kept together under the charge of one or more officers until they agree on their verdict or are discharged by the court. The officer shall keep the jurors separate from other persons and shall not allow any communication that may affect the case to be made to the jurors, nor make any such communication, unless by order of the court, except to ask the jurors if they have agreed on their verdict. The officer shall not, before the verdict is rendered, communicate to any person the state of the jurors' deliberations or their verdict. (3) Motions. Any motions or proceedings concerning the separation or sequestration of the jury shall be made out of the presence of the jury. [Adopted effective September 1, 1984; Amended effective September 1, 1989; September 1, 2022.]

citation: CRLJ CRLJ 47

rule_number: CRLJ 47


title: Juries of Fewer Than Six (Reserved)

text: CRLJ 48 JURIES OF FEWER THAN SIX [Reserved. See RCW 12.12.030.]

citation: CRLJ CRLJ 48

rule_number: CRLJ 48


title: Verdicts

text: CRLJ 49 VERDICTS (-) General Verdict. A general verdict is that by which the jury pronounces generally upon all or any of the issues in favor of either the plaintiff or defendant. (a) Special Verdict. The court may require a jury to return only a special verdict in the form of a special written finding on each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings that might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings on each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives the right to a trial by jury of the issue so omitted unless before the jury retires the party demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict. (b) General Verdict Accompanied by Answer to Interrogatories. The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict. When the general verdict and the answers are harmonious, the appropriate judgment upon the verdict and answers shall be entered pursuant to rule 58. When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered pursuant to rule 58 in accordance with the answers, notwithstanding the general verdict, or the court may return the jury for further consideration of its answers and verdict or may order a new trial. When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, judgment shall not be entered, but the court shall return the jury for further consideration of its answers and verdict or shall order a new trial. (c) Discharge of Jury. [Reserved. See RCW 12.12.080 and 12.12.090.] (d) Court Recess During Deliberation. [Reserved. See RCW 4.44.350.] (e) Proceedings When Jury Has Agreed. [Reserved. See RCW 4.44.360.] (f) Manner of Giving Verdict. [Reserved. See RCW 4.44.370.] (g) Verdict by Five Jurors in Civil Cases. [Reserved. See RCW 4.44.380.] (h) Jury May Be Polled. [Reserved. See RCW 4.44.390.] (i) Correction of Informal Verdict. [Reserved. See RCW 4.44.400.] (j) Jury To Assess Amount of Recovery. [Reserved. See RCW 4.44.450.] (k) Receiving Verdict and Discharging Jury. [Reserved. See RCW 12.12.080 and 12.12.090.] [Adopted effective September 1, 1984; Amended effective September 1, 1989; September 1, 2022.]

citation: CRLJ CRLJ 49

rule_number: CRLJ 49


title: Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings

text:
CRLJ 50 JUDGMENT AS A MATTER OF LAW IN JURY TRIALS; ALTERNATIVE MOTION FOR NEW TRIAL; CONDITIONAL RULINGS (a) Judgment as a Matter of Law. (1) Nature and Effect of Motion. If, during a trial by jury, a party has been fully heard with respect to an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find or have found for that party with respect to that issue, the court may grant a motion for judgment as a matter of law against that party on any claim, counterclaim, cross claim, or third party claim that cannot under the controlling law be maintained without a favorable finding on that issue. Such a motion shall specify the judgment sought and the law and the facts on which the moving party is entitled to judgment. A motion for judgment as a matter of law which is not granted is not a waiver of trial by jury even though all parties to the action have moved for judgment as a matter of law. (2) When Made. A motion for judgment as a matter of law may be made at any time before submission of the case to the jury. (b) Renewing Motion for Judgment After Trial; Alternative Motion for New Trial. If, for any reason, the court does not grant a motion for judgment as a matter of law made at the close of all the evidence, the court is considered to have submitted the action to the jury subject to the court’s later deciding the legal questions raised by the motion. The movant may renew its request for judgment as a matter of law by filing a motion no later than 10 days after entry of judgment – and may alternatively request a new trial or join a motion for a new trial under rule 59. In ruling on a renewed motion, the court may: (1) if a verdict was returned: (A) allow the judgment to stand, (B) order a new trial, or (C) direct entry of judgment as a matter of law; or (2) if no verdict was returned: (A) order a new trial, or (B) direct entry of judgment as a matter of law. (c) Alternative Motions for Judgment as a Matter of Law or for a New Trial—Effect of Appeal. Whenever a motion for judgment as a matter of law and, in the alternative, for a new trial shall be filed and submitted in any court of limited jurisdiction in any civil cause tried before a jury, and such court shall enter an order granting such motion for judgment as a matter of law, such court shall at the same time, in the alternative, pass upon and decide in the same order such motion for a new trial; such ruling upon said motion for a new trial not to become effective unless and until the order granting the motion for judgment as a matter of law shall thereafter be reversed, vacated, or set aside in the manner provided by law. An appeal to the superior court from a judgment granted on a motion for judgment as a matter of law shall, of itself, without the necessity of cross appeal, bring up for review the ruling of the trial court on the motion for a new trial; and the superior court shall, if it reverses the judgment entered as a matter of law, review and determine the validity of the ruling on the motion for a new trial. (d) Same: Denial of Motion for Judgment as a Matter of Law. If the motion for judgment as a matter of law is denied, the party who prevailed on that motion may, as appellee,

assert grounds entitling the party to a new trial in the event the superior court concludes that the trial court erred in denying the motion for judgment. If the superior court reverses the judgment, nothing in this rule precludes it from determining that the appellee is entitled to a new trial, or from directing the trial court to determine whether a new trial shall be granted. [Adopted effective September 1, 1984; Amended effective September 1, 1989; September 1, 2005.]

citation: CRLJ CRLJ 50

rule_number: CRLJ 50


title: Instructions to Jury and Deliberation

text:
CRLJ 51 INSTRUCTIONS TO JURY AND DELIBERATION (a) Proposed. Unless otherwise requested by the trial judge on timely notice to counsel, proposed instructions shall be submitted when the case is called for trial. Proposed instructions upon questions of law developed by the evidence, which could not reasonably be anticipated, may be submitted at any time before the court has instructed the jury. (b) Submission. Submission of proposed instructions shall be by delivering the original and three or more copies as required by the trial judge, by filing one copy with the clerk, identified as the party's proposed instructions, and by serving one copy upon each opposing counsel. (c) Form. Each proposed instruction shall be typewritten or printed on a separate sheet of letter-size (8-1/2 by 11 inches) paper. Except for one copy of each, the instructions delivered to the trial court shall not be numbered or identified as to the proposing party. One copy delivered to the trial court, and the copy filed with the clerk, and copies served on each opposing counsel shall be numbered and identified as to proposing party, and may contain supporting annotations. (d) Published Instructions. (1) Request. Any instruction appearing in the Washington Pattern Instructions (WPI) may be requested by counsel, who must submit the proper number of copies of the requested instruction, identified by number as in section (c) of this rule, in the form counsel wishes it read to the jury. If the instruction in WPI allows or provides for a choice of wording by the use of brackets or otherwise, the written requested instruction shall use the choice of wording that is being requested. (2) Record on Review. Where the refusal to give a requested instruction is an asserted error on review, a copy of the requested instruction shall be placed in the record on review. (3) Local Option. Any court of limited jurisdiction may adopt a local rule to substitute for subsection (d)(1) and to allow instructions appearing in the Washington Pattern Instructions (WPI) to be requested by reference to the published number. If the instruction in WPI allows or provides for a choice of wording by the use of brackets or otherwise, the local rule must require that the written request which designates the number of the instruction shall also designate the choice of wording which is being requested. (e) Disregarding Requests. The trial court may disregard any proposed instruction not submitted in accordance with this rule. (f) Objections to Instruction. Before instructing the jury, the court shall supply counsel with copies of its proposed instructions which shall be numbered. Counsel shall then be afforded an opportunity in the absence of the jury to make objections to the giving of any instruction and to the refusal to give a requested instruction. The objector shall state distinctly the matter to which counsel objects and the grounds for the objection, specifying the number, paragraph or particular part of the instruction to be given or refused and to which objection is made. (g) Instructing the Jury and Argument. After counsel have completed their objections and the court has made any modifications deemed appropriate, the court shall then provide each counsel with a copy of the instructions in their final form. The court shall then read the instructions to the jury. The plaintiff or party having the burden of proof may then address the jury upon the evidence, and the law as contained in the courts instructions; after which the adverse party may address the jury; followed by the rebuttal of the party first addressing the jury. (h) Deliberation. After argument, the jury shall retire to consider its verdict. In addition to

the written instructions given, the jury shall take with it all exhibits received in evidence, except depositions. Copies may be substituted for any parts of public records or private documents as ought not, in the opinion of the court, to be taken from the person having them in possession. Pleadings shall not go to the jury room. (i) Questions from Jury During Deliberations. The jury shall be instructed that any question it wishes to ask the court about the instructions or evidence should be signed, dated and submitted in writing to the bailiff without any indication of the status of the jury’s deliberations. The court shall notify the parties of the contents of the questions and provide them an opportunity to comment upon an appropriate response. Written questions from the jury, the court’s response and any objections thereto shall be made a part of the record. The court shall respond to all questions from a deliberating jury in open court or in writing. In its discretion, the court may grant a jury’s request to rehear or replay evidence, but should do so in a way that is least likely to be seen as a comment on the evidence, in a way that is not unfairly prejudicial and in a way that minimizes the possibility that jurors will give undue weight to such evidence. Any additional instruction upon any point of law shall be given in writing. (j) Comments Upon Evidence. Judges shall not instruct with respect to matters of fact, nor comment thereon. [Adopted effective September 1, 1984; Amended effective October 1, 2002; September 1, 2022.]

citation: CRLJ CRLJ 51

rule_number: CRLJ 51


title: Findings by the Court (Reserved)

text: CRLJ 52 FINDINGS BY THE COURT [Reserved. See RALJ 5.2]

citation: CRLJ CRLJ 52

rule_number: CRLJ 52


title: Masters (Reserved)

text: CRLJ 53 MASTERS [RESERVED]

citation: CRLJ CRLJ 53

rule_number: CRLJ 53


title: Referees (Reserved)

text: CRLJ 53.1 REFEREES [RESERVED]

citation: CRLJ CRLJ 53.1

rule_number: CRLJ 53.1


title: Court Commissioners (Reserved)

text: CRLJ 53.2 COURT COMMISSIONERS [Reserved. See RCW 3.42.]

citation: CRLJ CRLJ 53.2

rule_number: CRLJ 53.2


title: Judgments; Costs

text: CRLJ 54 JUDGMENTS; COSTS (a) Definition; Form. "Judgment" as used in these rules includes a decree and any final order from which an appeal lies. A judgment shall not contain a recital of pleadings or the record of prior proceedings. Judgments may be in writing signed by the court or may be oral confirmed by an entry in the record. (b) Judgment Upon Multiple Claims or Involving Multiple Parties. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross claim, or third party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination in the judgment that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties. (c) Demand for Judgment. A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in the party’s pleadings. (d) Costs. Costs shall be fixed and allowed as provided in RCW 12.20.060 or by any other applicable statute. [Adopted effective September 1, 1984; Amended effective September 1, 1989; September 1, 2022.]

citation: CRLJ CRLJ 54

rule_number: CRLJ 54


title: Default

text:
CRLJ 55 DEFAULT (a) Entry of Default. (1) Motion. When a party against whom a judgment for affirmative relief is sought has failed to appear, plead, or otherwise defend as provided by these rules and that fact is made to appear by motion and affidavit, a motion for default may be made. (2) Pleading After Default. Any party may respond to any pleading or otherwise defend at any time before a motion for default and supporting affidavit is filed, whether the party previously has appeared or not. If the party has appeared before the motion is filed, the party may respond to the pleading or otherwise defend at any time before the hearing on the motion. If the party has not appeared before the motion is filed, the party may not respond to the pleading nor otherwise defend without leave of court. Any appearances for any purpose in the action shall be for all purposes under this rule 55. (3) Notice. Any party who has appeared in the action for any purpose shall be served with a written notice of motion for default and the supporting affidavit at least 5 days before the hearing on the motion. Any party who has not appeared before the motion for default and supporting affidavit are filed is not entitled to a notice of the motion, except as provided in subsection (f). (4) Venue. A motion for default shall include a statement of the basis for venue in the action. A default shall not be entered if it clearly appears to the court from the papers on file that the action was brought in an improper district. (b) Entry of Default Judgment. As limited in rule 54(c), judgment after default may be entered as follows, if proof of service is on file as required by subsection (b)(4): (1) When Amount Certain. When the claim against a party, whose default has been entered under section (a), is for a sum certain or for a sum that can by computation be made certain, the court upon motion and affidavit of the amount due shall enter judgment for that amount and costs against the party in default, if the party is not a minor or incapacitated person. No judgment by default shall be entered against a minor or incapacitated person unless represented by a general guardian or guardian ad litem. Findings of fact and conclusions of law are not necessary under this subsection even though reasonable attorney fees are requested and allowed. (2) When Amount Uncertain. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings as are deemed necessary or, when required by statute, shall have such matters resolved by a jury. Findings of fact and conclusions of law are required under this subsection. (3) When Service by Publication or Mail. In an action where the service of the summons was by publication, or by mail under rule 4(d)(4), the plaintiff, upon the expiration of the time for answering, may, upon proof of service, apply for judgment. The court must thereupon require proof of the demand mentioned in the complaint, and must require the plaintiff or the plaintiff’s agent to be examined on oath respecting any payments that have been made to the plaintiff, or to anyone for the plaintiff’s use on account of such demand, and may render judgment for the amount that the plaintiff is entitled to recover, or for such other relief as the plaintiff may be entitled to. (4) Costs and Proof of Service. Costs shall not be awarded and default judgment shall not be rendered unless proof of service is on file with the court.

(c) Setting Aside Default. (1) Generally. For good cause shown and upon such terms as the court deems just, the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with rule 60(b). (2) When Venue Is Improper. A default judgment entered in a district of improper venue is valid but will on motion be vacated for irregularity pursuant to rule 60(b)(1). A party who procures the entry of the judgment shall, in the vacation proceedings, be required to pay to the party seeking vacation the costs and reasonable attorney fees incurred by the party in seeking vacation if the party procuring the judgment could have determined the district of proper venue with reasonable diligence. This subsection does not apply if either (i) the parties stipulate in writing to venue after commencement of the action, or (ii) the defendant has appeared, has been given written notice of the motion for an order of default, and does not object to venue before the entry of the default order. (d) Plaintiffs, Counterclaimants, Cross Claimants. The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third party plaintiff, or a party who has pleaded a cross claim or counterclaim. In all cases a judgment by default is subject to the limitations of rule 54(c). (e) Judgment Against State. [Reserved.] (f) How Made After Elapse of Year. (1) Notice. When more than 1 year has elapsed after service of summons with no appearance being made, the court shall not sign an order of default or enter a judgment until a notice of the time and place of the hearing on the application for the order or judgment is served on the party in default, not less than 10 days prior to the entry. Proof by affidavit of the service of the notice shall be filed before entry of the judgment. (2) Service. Service of notice of the time and place on the application for the order of default or default judgment shall be made as follows: (A) by service upon the attorney of record; (B) if there is no attorney of record, then by service upon the defendant by certified mail with return receipt of said service to be attached to the affidavit in support of the application; or (C) by a personal service upon the defendant in the same manner provided for service of process. (D) If service of notice cannot be made under subsections (A) and (C), the notice may be given by publication in a newspaper of general circulation in the county in which the action is pending for one publication, and by mailing a copy to the last known address of each defendant. Both the publication and mailing shall be done 10 days prior to the hearing. [Adopted effective September 1, 1984, Amended effective September 1, 1989; September 1, 2022; June 27, 2023; July 22, 2025.]

citation: CRLJ CRLJ 55

rule_number: CRLJ 55


title: Summary Judgment

text:
CRLJ 56 SUMMARY JUDGMENT (a) For Claimant. A party seeking to recover upon a claim, counterclaim, or cross claim, or to obtain a declaratory judgment may, at any time after the expiration of the period within which the defendant is required to appear, or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in the party’s favor upon all or any part thereof. (b) For Defending Party. A party against whom a claim, counterclaim, or cross claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party’s favor as to all or any part thereof. (c) Motion and Proceedings. The motion and any supporting affidavits, memoranda of law, or other documentation shall be filed and served not later than 15 days before the hearing. A copy of this rule shall be served with the motion. The adverse party may file and serve opposing affidavits, memoranda of law, and other documentation not later than 3 days before the hearing. The moving party may file and serve any rebuttal documents not later than the day prior to the hearing. Summary judgment motions shall be heard more than 14 days before the date set for trial unless leave of the court is granted to allow otherwise. The judgment sought shall be rendered forthwith if the pleadings, answers to interrogatories, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages. (d) Case Not Fully Adjudicated on Motion. If on motion under the rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action, the facts so specified shall be deemed established, and the trial shall be conducted accordingly. (e) Form of Affidavits; Further Testimony; Defense Required. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest on the mere allegations or denials in a pleading, but a response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party. (f) When Affidavits Are Unavailable. Should it appear from the affidavits of a party opposing the motion, for reasons stated, the party cannot present by affidavit facts essential to justify the party’s opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just. (g) Affidavits Made in Bad Faith. Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely

for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses that the filing of the affidavits caused the other party to incur, including reasonable attorney fees, and any offending party or attorney may be adjudged guilty of contempt. (h) Rulings by Court. In granting or denying the motion for summary judgment, the court shall designate the documents and other evidence considered in its rulings. [Adopted effective September 1, 1984; Amended effective September 1, 1989; November 1, 2021; September 1, 2022; October 1, 2024.]

citation: CRLJ CRLJ 56

rule_number: CRLJ 56


title: Reserved

text: CRLJ 57 [RESERVED]

citation: CRLJ CRLJ 57

rule_number: CRLJ 57


title: Entry of Judgment

text: CRLJ 58 ENTRY OF JUDGMENT Upon the verdict of a jury, the court shall immediately render judgment thereon. If the trial is by the judge, judgment shall be entered immediately after the close of the trial, unless the judge reserves decision, in which event the decision shall be rendered within 45 days. [Adopted effective September 1, 1984; Amended effective September 1, 1989; September 1, 1994; September 1, 2022.]

citation: CRLJ CRLJ 58

rule_number: CRLJ 58


title: New Trial, Reconsideration, and Amendment of Judgments

text:
CRLJ 59 NEW TRIAL, RECONSIDERATION, AND AMENDMENT OF JUDGMENTS (a) Grounds for New Trial or Reconsideration. On the motion of the party aggrieved, a verdict may be vacated and a new trial granted to all or any of the parties, and on all of the issues, or on some of the issues when such issues are clearly and fairly separable and distinct, or any other decision or order may be vacated and reconsideration granted. Such motion may be granted for any one of the following causes materially affecting the substantial rights of such parties: (1) Irregularity in the proceedings of the court, jury or adverse party, or any order of the court, or abuse of discretion, by which such party was prevented from having a fair trial; (2) Misconduct of prevailing party or jury; and whenever any one or more of the jurors shall have been induced to assent to any general or special verdict or to a finding on any question or questions submitted to the jury by the court, other and different from the court’s own conclusions, and arrived at by a resort to the determination of chance or lot, such misconduct may be proved by the affidavits of one or more of the jurors; (3) Accident or surprise which ordinary prudence could not have guarded against; (4) Newly discovered evidence, material for the party making the application, which the party could not with reasonable diligence have discovered and produced at the trial; (5) Damages so excessive or inadequate as unmistakably to indicate that the verdict must have been the result of passion or prejudice; (6) Error in the assessment of the amount of recovery whether too large or too small, when the action is upon a contract, or for the injury or detention of property; (7) That there is no evidence or reasonable inference from the evidence to justify the verdict or the decision, or that it is contrary to law; (8) Error in law occurring at the trial and objected to at the time by the party making the application; or (9) That substantial justice has not been done. (b) Time for Motion; Contents of Motion. A motion for a new trial or for reconsideration shall be filed not later than 10 days after the entry of the judgment, order, or other decision. The motion shall be noted at the time it is filed, to be heard or otherwise considered within 30 days after entry of the judgment, order, or other decision, unless the court directs otherwise. A motion for a new trial or for reconsideration shall identify the specific reasons in fact and law as to each ground on which the motion is based. (c) Time for Serving Affidavits. When a motion for new trial is based on affidavits, they shall be filed with the motion. The opposing party has 10 days after service to file opposing affidavits, but that period may be extended for up to 20 days, either by the court for good cause or by the parties’ written stipulation. The court may permit reply affidavits. (d) On Initiative of Court. Not later than 10 days after entry of judgment, the court on its own initiative may order a hearing on its proposed order for a new trial for any reason for which it might have granted a new trial on motion of a party. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not

stated in the motion. When granting a new trial on its own initiative or for a reason not stated in the motion, the court shall specify the grounds in its order. (e) Hearing on Motion. When a motion for reconsideration or for a new trial is served and filed, the judge by whom it is to be heard may on the judge’s own motion or on application determine: (1) Time of Hearing. Whether the motion shall be heard before the entry of judgment; (2) Consolidation of Hearings. Whether the motion shall be heard before or at the same time as the presentation of the findings and conclusions and/or judgment, and the hearing on any other pending motion; and (3) Nature of Hearing. Whether the motion or motions and presentation shall be heard on oral argument or submitted on briefs, and if on briefs, shall fix the time within which the briefs shall be served and filed. (f) Statement of Reasons. In all cases where the trial court grants a motion for a new trial, it shall, in the order granting the motion, state whether the order is based upon the record or upon facts and circumstances outside the record that cannot be made a part thereof. If the order is based upon the record, the court shall give definite reasons of law and facts for its order. If the order is based upon matters outside the record, the court shall state the facts and circumstances upon which it relied. (g) Reopening Judgment. On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law, and direct the entry of a new judgment. (h) Motion To Alter or Amend Judgment. A motion to alter or amend the judgment shall be filed not later than 10 days after entry of the judgment. (i) Alternative Motions, etc. Alternative motions for judgment as a matter of law and for a new trial may be made in accordance with rule 50(c). (j) Limit on Motions. If a motion for reconsideration, or for a new trial, or for judgment as a matter of law, is made and heard before the entry of the judgment, no further motion may be made, without leave of the court first obtained for good cause shown: (1) for a new trial, or (2) pursuant to sections (g), (h), and (i) of this rule. [Adopted effective September 1, 1984; Amended effective September 1, 1989; September 1, 2005; September 1, 2022.]

citation: CRLJ CRLJ 59

rule_number: CRLJ 59


title: Relief From Judgment or Order

text:
CRLJ 60 RELIEF FROM JUDGMENT OR ORDER (a) Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. Such mistakes may be so corrected before review is accepted by an appellate court, and thereafter may be corrected pursuant to RALJ 4.1(b). (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistakes, inadvertence, surprise, excusable neglect or irregularity in obtaining a judgment or order; (2) For erroneous proceedings against a minor or person of unsound mind, when the condition of such defendant does not appear in the record, nor the error in the proceedings; (3) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under rule 59(b); (4) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (5) The judgment is void; (6) The judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; (7) If the defendant was served by publication, relief may be granted as prescribed in RCW 4.28.200; (8) Death of one of the parties before the judgment in the action; (9) Unavoidable casualty or misfortune preventing the party from prosecuting or defending; (10) Error in judgment shown by a minor, within 12 months after arriving at full age; or (11) Any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time and for reasons (1), (2) or (3) not more than 1 year after the judgment, order, or proceeding was entered or taken. If the party entitled to relief is a minor or a person of unsound mind, the motion shall be made within 1 year after the disability ceases. A motion under section (b) does not affect the finality of the judgment or suspend its operation. (c) Other Remedies. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding. (d) Writs Abolished—Procedure. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review are abolished. The procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action. (e) Procedure on Vacation of Judgment.

(1) Motion. Application shall be made by motion filed in the cause stating the grounds upon which relief is asked, and supported by the affidavit of the applicant or his attorney setting forth a concise statement of the facts or errors upon which the motion is based, and if the moving party be a defendant, the facts constituting a defense to the action or proceeding. (2) Notice. Upon the filing of the motion and affidavit, the court shall enter an order fixing the time and place of the hearing thereof and directing all parties to the action or proceeding who may be affected thereby to appear and show cause why the relief asked for should not be granted. (3) Service. The motion, affidavit, and the order to show cause shall be served upon all parties affected in the same manner as in the case of summons in a civil action at such time before the date fixed for the hearing as the order shall provide; but in case such service cannot be made, the order shall be published in the manner and for such time as may be ordered by the court, and in such case a copy of the motion, affidavit, and order shall be mailed to such parties at their last known post office address and a copy thereof served upon the attorneys of record of such parties in such action or proceeding such time prior to the hearing as the court may direct. [Adopted effective September 1, 1984; Amended effective September 1, 1989; November 2, 2021.]

citation: CRLJ CRLJ 60

rule_number: CRLJ 60


title: Harmless Error (Reserved)

text: CRLJ 61 HARMLESS ERROR [RESERVED]

citation: CRLJ CRLJ 61

rule_number: CRLJ 61


title: Stay of Proceedings To Enforce a Judgment

text: CRLJ 62 STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT (a) Automatic Stays. [Reserved. See RALJ 4.2.] (b) Stay on Motion for New Trial or for Judgment. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial or to alter or amend a judgment made pursuant to rule 59, or of a motion for relief from a judgment or order made pursuant to rule 60, or of a motion for judgment as a matter of law made pursuant to rule 50, or of a motion for amendment to the findings or for additional findings. (c) [Reserved.] (d) [Reserved.] (e) [Reserved.] (f) Other Stays. This rule does not limit the right of a party to a stay otherwise provided by statute or rule. (g) [Reserved.] (h) Multiple Claims or Multiple Parties. When a court has ordered a final judgment under the conditions stated in rule 54(b), the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered. [Adopted effective September 1, 1984; Amended effective September 1, 1989.]

citation: CRLJ CRLJ 62

rule_number: CRLJ 62


title: Judges--Disability

text: CRLJ 63 JUDGES—DISABILITY If by reason of death, sickness or other disability, a judge before whom an action has been tried is unable to perform the duties to be performed by the court under these rules after a verdict is returned or findings of fact and conclusions of law are entered, then any other judge regularly sitting in or assigned to the court in which the action was tried may perform those duties; but if such other judge is satisfied that he or she cannot perform those duties because the judge did not preside at the trial or for any other reason, the judge may in the exercise of discretion grant a new trial. [Adopted effective September 1, 1984; November 25, 2003]

citation: CRLJ CRLJ 63

rule_number: CRLJ 63


title: Garnishment (Rescinded)

text: CRLJ 64 GARNISHMENT [RESCINDED]

citation: CRLJ CRLJ 64

rule_number: CRLJ 64


title: Reserved

text: CRLJ 65 through 67 [RESERVED]

citation: CRLJ CRLJ 65-67


title: Offer of Judgment

text: CRLJ 68 OFFER OF JUDGMENT At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued. If within 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 September 1, 1984; Amended effective September 1, 1989.]

citation: CRLJ CRLJ 68

rule_number: CRLJ 68


title: Reserved

text: CRLJ 69 through CRLJ 70 [RESERVED]

citation: CRLJ CRLJ 69-70


title: Appearance by Attorney

text: CRLJ 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 simultaneous 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 September 1, 1984; Amended effective September 1, 1989.)

citation: CRLJ CRLJ 70.1

rule_number: CRLJ 70.1


title: Withdrawal by Attorney

text: CRLJ 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 September 1, 1984; Amended effective September 1, 1989; September 1, 1990.]

citation: CRLJ CRLJ 71

rule_number: CRLJ 71


title: Appeal to Superior Court

text: CRLJ 72 APPEAL TO SUPERIOR COURT (a) Types of Appeals. An appeal from a court of limited jurisdiction is governed by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. Under RALJ 1.1, the appeal from some courts is an appeal for error on the record, and the appeal from other courts is conducted as a trial de novo or a trial de novo on the record, as set forth in section (b) below. The procedures for an appeal for error on the record are defined by the RALJ. The procedures for a trial de novo and a trial de novo on the record are defined by CRLJ 73 and 75 below. (b) Small Claims Court Appeals. An appeal from a decision of a small claims court operating under Chapter 12.40 RCW shall be a trial de novo on the record from the court of limited jurisdiction. [Adopted effective September 1, 1984; Amended effective September 1, 1989; October 30, 2001.]

citation: CRLJ CRLJ 72

rule_number: CRLJ 72


title: Trial de Novo

text: CRLJ 73 TRIAL DE NOVO (a) Scope of Rule. This rule applies only to proceedings which are not subject to appellate review under the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The proceedings to which those rules apply are defined by RALJ 1.1. (b) Filing Notice of Appeal Service. (1) A party appealing a judgment or decision subject to this rule must file in the court of limited jurisdiction a notice of appeal within 30 days after the judgment is rendered or decision made. Filing the notice of appeal is the only jurisdictional requirement for an appeal. (2) The statutory filing fee for superior court must be paid to the clerk of the limited jurisdiction court at the time the notice of appeal is filed, unless the party is excused from paying a filing fee by statute or by the constitution. (3) The clerk of the court of limited jurisdiction shall immediately upon filing of a notice of appeal and payment of the filing fee, if required, file a copy of the notice with the superior court. (4) A party filing a notice of appeal shall also, within the same 30 days, serve a copy of the notice of appeal on all other parties or their lawyers and file an acknowledgment or affidavit of service in the court of limited jurisdiction. (c) Bond. A bond or undertaking shall be executed on the part of the appellant, except when the appellant is a county, city, town or school district, and filed with and approved by the court of limited jurisdiction with one or more sureties, in the sum of $100, conditioned that the appellant will pay all costs that may be awarded against appellant on appeal; or if a stay of proceedings in the court of limited jurisdiction be claimed, except by a county, city, town or school district, a bond or undertaking, with two or more personal sureties, or a surety company as surety, to be approved by the court of limited jurisdiction, in a sum equal to twice the amount of the judgment and costs, conditioned that the appellant will pay such judgment, including costs, as may be rendered against appellant on appeal, be so executed and filed. (d) Stay of Proceedings. Upon an appeal being taken and a bond filed to stay all proceedings, the court of limited jurisdiction shall allow the same and make an entry of such allowance, and all further proceedings on the judgment in such court shall thereupon be suspended; and if in the meantime execution shall have been issued, such court shall give the appellant a certificate that such appeal has been allowed. (e) Release of Property Taken on Execution. On such certificate being presented to the officer holding the execution, the officer shall forthwith release the property of the judgment debtor that may have been taken on execution. (f) No Dismissal for Defective Bond. No appeal allowed by a court of limited jurisdiction shall be dismissed on account of any defect in the bond on appeal, if the appellant, before the motion is determined, shall execute and file in the superior court such bond as the appellant should have executed at the time of taking the appeal, and pay all costs that may have accrued by reason of such defect. (g) Judgment Against Appellant and Sureties. In all cases of appeal to the superior court, if on the trial anew in such court, the judgment be against the appellant in whole or in part, such judgment shall be rendered against the appellant and sureties on the bond on appeal. [Adopted effective September 1, 1984; Amended effective September 1, 1989; September 1, 1998; September 1, 2022.]

citation: CRLJ CRLJ 73

rule_number: CRLJ 73


title: Reserved

text: CRLJ 74 [RESERVED]

citation: CRLJ CRLJ 74

rule_number: CRLJ 74


title: Record on Trial de Novo

text: CRLJ 75 RECORD ON TRIAL DE NOVO (a) Scope of Rule. This rule applies only to proceedings which are not subject to appellate review under the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The proceedings to which those rules apply are defined by RALJ 1.1. (b) Transcript; Procedure in Superior Court; Pleadings in Superior Court. Within 14 days after the notice of appeal has been filed in a civil action or proceeding, including a small claims appeal pursuant to chapter 12.40 RCW, the appellant shall file with the clerk of the superior court a transcript of all entries made in the docket of the court of limited jurisdiction relating to the case, together with all the process and other papers relating to the case filed in the court of limited jurisdiction which shall be made and certified by such court to be correct upon the payment of the fees allowed by law therefor, and upon the filing of such transcript the superior court shall become possessed of the cause, and shall proceed in the same manner, as near as may be, as in actions originally commenced in that court, except as provided in these rules. The issue before the court of limited jurisdiction shall be tried in the superior court without other or new pleadings, unless otherwise directed by the superior court. (c) Small Claims Appeals; Trial De Novo on the Record. Small claims appeals pursuant to chapter 12.40 RCW shall be tried by the superior court de novo on the record. Within 14 days after the notice of appeal has been filed in a small claims proceeding, appellant shall make necessary arrangements with the district court to directly transmit a verbatim electronic recording of the trial and any exhibits from the trial to the clerk of the superior court. The electronic recording shall be made and certified by the district court to be correct upon the payment of the fees allowed by law therefor. (d) Transcript; Procedure on Failure To Make and Certify; Amendment. If upon an appeal being taken the court of limited jurisdiction fails, neglects or refuses, upon the tender or payment of the fees allowed by law, to make and certify the transcript, the appellant may make application, supported by affidavit, to the superior court and the court shall issue an order directing the court of limited jurisdiction to make and certify such transcript upon the payment of such fees. Whenever it appears to the satisfaction of the superior court that the return of the court of limited jurisdiction to such order is substantially erroneous or defective it may order the court of limited jurisdiction to amend the same. If the judge of the court of limited jurisdiction fails, neglects or refuses to comply with any order issued under the provisions of this section the judge may be cited and punished for contempt of court. [Adopted effective September 1, 1984; Amended effective September 1, 1989; October 30, 2001; September 1, 2015; September 1, 2022.]

citation: CRLJ CRLJ 75

rule_number: CRLJ 75


title: Electronic Recording of Small Claims Proceedings

text: CRLJ 75A ELECTRONIC RECORDING OF SMALL CLAIMS PROCEEDINGS a) Generally. Small claims proceedings in a court of limited jurisdiction shall be recorded by electronic means. b) Nonelectronic Record in Emergency. In the event of an equipment failure or other situation making an electronic recording impossible, the court may order the proceeding to be recorded by nonelectronic means. The nonelectronic record must be made at the court’s expense, and in the event of an appeal, any necessary transcription of the nonelectronic record must be made at the court’s expense. c) Statements to Be Made on the Record. At the beginning of the case, the judge of the court of limited jurisdiction shall state on the record the name and number of the case and the names of the parties. During the trial of the case, the judge shall state on the record or have stated on the record the names of any or all witnesses as they appear in the course of the proceeding. d) Log. The judge of the court of limited jurisdiction shall cause a written log to be maintained separate from the recording indicating the location on the electronic record of relevant events in the proceedings, including but not limited to the beginning of the proceeding, the beginning and ending of the testimony of each witness, the decision of the court, and the end of the proceeding. e) Loss or Damage of Electronic Record. In the event of loss or damage of the electronic record, or any significant or material portion thereof, the appellant, upon motion to the superior court, shall be entitled to a new trial, but only if the loss or damage of the record is not attributable to the appellant’s malfeasance. The court of limited jurisdiction shall have the authority to determine whether or not significant or material portions of the electronic record have been lost or damaged, subject to review by the superior court upon motion. [Adopted effective October 30, 2001.]

citation: CRLJ CRLJ 75A

rule_number: CRLJ 75A


title: Reserved

text: CRLJ 76 [RESERVED]

citation: CRLJ CRLJ 76

rule_number: CRLJ 76


title: Reserved

text: CRLJ 77 [RESERVED]

citation: CRLJ CRLJ 77

rule_number: CRLJ 77


title: Administration of Oath

text: CRLJ 77.04 ADMINISTRATION OF OATH The oaths or affirmations of all witnesses (1) Shall be administered by the judge and (2) Shall be administered individually to each witness before testifying. [Adopted effective September 1, 1984; Amended effective September 1, 1989; July 9, 2024.]

citation: CRLJ CRLJ 77.04


title: Reserved

text: CRLJ 78 through 80 [RESERVED]

citation: CRLJ CRLJ 78-80


title: Applicability in General

text: CRLJ 81 APPLICABILITY IN GENERAL (a) To What Proceedings Applicable. These rules govern all civil proceedings except as provided in this rule. These rules do not apply where inconsistent with rules or statutes applicable to special proceedings--or infractions. These rules do not apply to proceedings in small claims court. In a court in which the proceedings are not recorded and review is by a trial de novo, these rules apply to the extent practicable; in these courts, rules referring to recording or an appeal on the record should be disregarded. (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 September 1, 1984; Amended effective September 1, 1989; June 2, 1998.]

citation: CRLJ CRLJ 81

rule_number: CRLJ 81


title: Jurisdiction and Venue--Unaffected

text: CRLJ 82 JURISDICTION AND VENUE—UNAFFECTED These rules shall not be construed to extend or limit the jurisdiction of the courts of limited jurisdiction or the venue of actions therein. [Adopted effective September 1, 1984; Amended effective September 1, 1989.]

citation: CRLJ CRLJ 82

rule_number: CRLJ 82


title: Local Rules

text: CRLJ 83 LOCAL RULES (a) Adoption. Each court of limited jurisdiction 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. (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 September 1, 1984; Amended effective September 1, 1989.]

citation: CRLJ CRLJ 83

rule_number: CRLJ 83


title: Reserved

text: CRLJ 84 [RESERVED]

citation: CRLJ CRLJ 84

rule_number: CRLJ 84


title: Title

text: CRLJ 85 TITLE These rules may be known and cited as Civil Rules for Courts of Limited Jurisdiction and they may be referred to as CRLJ. [Adopted effective September 1, 1984; Amended effective September 1, 1989.]

citation: CRLJ CRLJ 85

rule_number: CRLJ 85


title: Effective Date

text: CRLJ 86 EFFECTIVE DATE These rules take effect on the dates specified by the Supreme Court and thereafter all procedural laws in conflict therewith shall be of no further force and effect. They 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 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 September 1, 1984; Amended effective September 1, 1989.]

citation: CRLJ CRLJ 86

rule_number: CRLJ 86


title: Reserved

text: CRLJ 86.04 through 99.04 [RESERVED]


title: Scope

text: CrRLJ 1.1 SCOPE These rules govern the procedure in the courts of limited jurisdiction of the State of Washington in all criminal proceedings and supersede all procedural statutes and rules that may be in conflict. They shall be interpreted and supplemented in light of the common law and the decisional law of this state. These rules shall not be construed to affect or derogate from the constitutional rights of any defendant. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 1.1

rule_set: CrRLJ

rule_number: CrRLJ 1.1


title: Purpose and Construction

text: CrRLJ 1.2 PURPOSE AND CONSTRUCTION These rules are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure, fairness in administration, effective justice, and the elimination of unjustifiable expense and delay. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 1.2

rule_number: CrRLJ 1.2


title: Effect

text: CrRLJ 1.3 EFFECT On their effective date. These rules apply to any proceedings in court then pending or thereafter commenced regardless of when the proceedings were commenced, except to the extent that in the opinion of the court, the former procedure should continue to be made applicable in a particular case in the interest of justice. [Adopted effective September 1, 1987; Amended effective February 1, 2021.]

citation: CrRLJ CrRLJ 1.3

rule_number: CrRLJ 1.3


title: Definitions

text: CrRLJ 1.4 DEFINITIONS As used in these rules, unless the context clearly requires otherwise: (a) "Court" means any court of limited jurisdiction. (b) "Judge" means any judge of any court of limited jurisdiction and shall include every judicial officer authorized, alone or with others, to hold or preside over a court. (c) "Prosecuting authority" includes prosecuting attorneys, city attorneys, corporation counsel, and their deputies and assistants, or such other persons as may be designated by statute. (d) "Court day" means any day on which a court is open for the transaction of administrative business, including but not limited to the acceptance of papers for filing. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 1.4

rule_number: CrRLJ 1.4


title: Style and Form

text: CrRLJ 1.5 STYLE AND FORM The format requirements for papers being filed with a court are as specified in GR 14, except exhibits, the citation and notice, and forms approved by the Office of the Administrator for the Courts need not be on letter-size paper (8-1/2 by 11 inches). The citation and notice shall be on a form prescribed or approved by the Office of the Administrator for the Courts. [Originally effective September 1, 1987; Amended effective September 1, 1990.]

citation: CrRLJ CrRLJ 1.5

rule_number: CrRLJ 1.5


title: Conduct of Court

text: CrRLJ 1.6 CONDUCT OF COURT All judicial proceedings and trials shall be conducted in accordance with these rules. If no procedure is specifically prescribed by rule, the court may proceed in any lawful manner not inconsistent with these rules, or with any applicable statute. Questions pertaining to the conduct of the court and not covered by these rules or appropriate statutes shall be determined by the trial judge. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 1.6

rule_number: CrRLJ 1.6


title: Local Court Rules--Availability

text: CrRLJ 1.7 LOCAL COURT RULES--AVAILABILITY Courts of limited jurisdiction may adopt in accordance with GR 7 such special rules not inconsistent with these general rules as they may deem necessary for their respective courts. The court, upon the adoption of such rules, shall keep a copy of them readily available for inspection. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 1.7

rule_number: CrRLJ 1.7


title: Title of Rules

text: CrRLJ 1.8 TITLE OF RULES These rules may be known and cited as Criminal Rules for Courts of Limited Jurisdiction, and shall be referred to as CrRLJ. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 1.8

rule_number: CrRLJ 1.8


title: Complaint--Citation and Notice

text:
CrRLJ 2.1 COMPLAINT--CITATION AND NOTICE (a) Complaint. (1) Initiation. Except as otherwise provided in this rule, all criminal proceedings shall be initiated by a complaint. (2) Nature. The complaint shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting authority. Allegations made in one count may be incorporated by reference in another count. It may be alleged that the means by which the defendant committed the offense are unknown or that he or she committed it by one or more specified means. The complaint shall state for each count the official or customary citation of the statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated. Error in the citation or its omission shall not be ground for dismissal of the complaint or for reversal of a conviction if the error or omission did not mislead the defendant to his or her prejudice. (3) Contents. The complaint shall contain or have attached to it the following information when filed with the court: (i) the name, address, date of birth, and sex of the defendant; (ii) all known personal identification numbers for the defendant, including the Washington driver's operating license (DOL) number, the state criminal identification (SID) number, the fingerprint transaction control number (TCN), the JUVIS control number, and the Washington Department of Corrections (DOC) number. (b) Citation and Notice to Appear. (1) Issuance. Whenever a person is arrested or could have been arrested pursuant to statute for a violation of law which is punishable as a misdemeanor or gross misdemeanor the arresting officer, or any other authorized peace officer, may serve upon the person a citation and notice to appear in court. Criminal citations shall be on a form entitled “Criminal Citation” prescribed by the Administrative Office of the Courts. Citation forms prescribed by the Administrative Office of the Courts are presumed valid. (2) Release Factors. In determining whether to release the person or to hold him or her in custody, the peace officer shall consider the following factors: (i) whether the person has identified himself or herself satisfactorily; (ii) whether detention appears reasonably necessary to prevent imminent bodily harm to himself, herself, or another, or injury to property, or breach of the peace; (iii) whether the person has ties to the community reasonably sufficient to assure his or her appearance or whether there is substantial likelihood that he or she will refuse to respond to the citation and notice; and (iv) whether the person previously has failed to appear in response to a citation and notice issued pursuant to this rule or to other lawful process. (3) Contents. The citation and notice to appear shall include or have attached to it: (i) the name of the court and a space for the court's docket, case or file number;

(ii) the name, address, date of birth, and sex of the defendant; and all known personal identification numbers for the defendant, including the Washington driver's operating license (DOL) number, the state criminal identification (SID) number, the state criminal process control number (PCN), the JUVIS control number, and the Washington Department of Corrections (DOC) number; (iii) the date, time, place, numerical code section, description of the offense charged, the date on which the citation was issued, and the name of the citing officer; (iv) the time and place the person is to appear in court, which may not exceed 20 days after the date of the citation and notice, but which need not be a time certain. (4) Certificate. The citation and notice shall contain a form of certificate by the citing official that he or she certifies, under penalties of perjury, as provided by GR 13, that he or she has probable cause to believe the person committed the offense charged contrary to law. The certificate need not be made before a magistrate or any other person. (5) Initiation. When signed by the citing officer and filed with a court of competent jurisdiction, the citation and notice shall be deemed a lawful complaint for the purpose of initiating prosecution of the offense charged therein. (c) Filing. (1) Original. The original of the complaint or citation and notice shall be filed with the clerk of the court. (2) Time. The citation and notice shall be filed with the clerk of the court within two days after issuance, not including Saturdays, Sundays or holidays. A citation and notice not filed within the time limits of this rule may be dismissed without prejudice. [Adopted effective September 1, 1987; Amended effective March 18, 1994; July 2, 1996; September 1, 1999; November 21, 2006; May 6, 2008; February 1, 2021; September 1, 2022; January 24, 2023.]

citation: CrRLJ CrRLJ 2.1

rule_number: CrRLJ 2.1