Court Rules and Procedures Committee

The Court Rules and Procedures Committee studies and develops suggested amendments to designated sets of court rules on a regular cycle of review. It also responds to requests for comment from the Supreme Court on proposals developed by others. The Committee performs the rules-study function outlined in General Rule 9 and reports its recommendations to the Board of Governors.

From time to time, the Committee publicizes suggested rule changes for public comment before finalizing its recommendations. Members of the bar, bench, and public are encouraged to review these proposals and send comments to the Committee.

Meetings are held in the WSBA Conference Center in Seattle. Meeting agendas are ordinarily circulated about a week before the meeting.

Please send any suggestions for rule changes in compliance with General Rule 9 to the Supreme Court of Washington, Temple of Justice, P.O. Box 40929, Olympia, WA 98504-0929, or e-mail Camilla Faulk at Camilla.Faulk@courts.wa.gov (with a copy to Court Rules and Procedures Committee, Washington State Bar Association, 1325 Fourth Ave., Ste. 600, Seattle WA 98101, or e-mail here).


 Agendas and Meeting Materials


Meeting Minutes

Note: To be as timely as possible, the most recent minutes are usually posted on the website after review by the Committee Chairperson, but without being formally approved by the full Committee. The minutes may also reflect recommended actions that have not yet been approved by the Board of Governors or submitted to the Supreme Court of Washington.  Please send any comments on matters covered by the minutes to WSBACourtRules@wsba.org.



Committee News and Activities

In 2007-2008, the Committee reviewed the Superior Court Civil Rules (CR), the Mandatory Arbitration Rules (MAR), and the Civil Rules for Courts of Limited Jurisdiction (CRLJ).  The Committee presented its recommendations to the WSBA Board of Governors at the Board's meeting in Walla Walla, Washington on July 25, 2008. 

When it reconvenes in October 2008, the WSBA Court Rules and Procedures Committee is scheduled to review the Rules of Appellate Procedure (RAP) and the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ). The Committee invites interested persons to submit suggestions for adoption, amendment, or repeal of any of these rules.  Please direct suggestions to Elizabeth Turner at Elizabetht@wsba.org or to WSBACourtRules@wsba.org.

Electronic (ESI) Discovery Subcommittee

The ESI Discovery Subcommittee chose to continue discussion and consideration of the proposed amendments to Washington's Evidence Rules into the 2008-2009 term of the Court Rules and Procedures Committee. Additional time is needed to consider numerous recently submitted comments from various stake holder groups and to allow continued discussion of the amendments.

The most recent versions of the ESI Discovery Subcommittee's proposed amendments are available in the May 14, 2008 ESI Discovery Subcommittee Report

Please send any comments on the proposed changes to ESI Discovery Subcommittee Chair Todd Nunn at todd.nunn@klgates.com.


Recently Adopted Rule Changes Proposed by the Committee

The following orders relate to rules suggested by the Court Rules and Procedures Committee and approved by the WSBA Board of Governors.  For information about all proposed and recently adopted rules, see the Washington Court Rules page.

On October 28, 2008, the Supreme Court ordered substantial amendments submitted by the Trust Account Responsibilities & Retainers Task Force (TARRTF) effective upon publication on November 18, 2008:

  • RPC 1.5  (Fees)
  • RPC 1.15A(c) (Safeguarding Property) 

On October 3, 2008, the Supreme Court adopted amendments to the following rules, effective upon publication:

  • RAP 18.13A (Accelerated Review of Juvenile Dependency Disposition Orders and Orders Terminating Parental Rights) [new rule]
  • RAP 18.13 (Accelerated Review of Dispositions in Juvenile Offense Proceedings) 
  • RAP 13.5A (Motions for Discretionary Review of Specified Final Decisions)

On June 7, 2007, the Supreme Court adopted amendments to the following rules, effective September 1, 2007:

  • CR 10, 45, 45 Form [new], 53.4, 54, 78, and CRLJ 10
  • GR 14.1 [new rule] and GR 33 [new rule]
  • CrR 4.4, 4.7, 7.8, and CrRLJ 4.4
  • RAP 9.5, 10.4, and RALJ 7.3

 Other Rule Changes of Interest:

Proposed Legal Technician Rule - On December 5, 2008, the Supreme Court ordered the proposed new APR 28 (Legal Technician and the new non-Lawyer Practice Commission Regulations) published for comment.  The comment period ends April 30, 2009.

On December 4, 2008, the Supreme Court ordered the adoption of proposed amendment to GR 23 (Rule for Certifying Professional Guardians) to be effective upon publication. 

On October 28, 2008, the Supreme Court ordered substantial amendments submitted by the Trust Account Responsibilities & Retainers Task Force (TARRTF) to be effective upon publication on November 18, 2008:

  • RPC 1.5  (Fees)
  • RPC 1.15A(c) (Safeguarding Property) 

On June 6, 2008, the Supreme Court ordered the adoption of amendments to APR 11.1 - APR 11.7 (Continuing Legal Education) and Appendix A Regulations 101 - 112, effective January 1, 2009.

On July 10, 2008, the Supreme Court entered orders to adopt the following rules, effective upon publication:

  • CrR 4.2(g) and CrRLJ 4.2(g)
  • JuCR 7.7

On June 5, 2008, the Supreme Court entered orders to adopt the following rules, effective on September 1, 2008:

  • APR 15, 27 [new]
  • CrR 8.3(c) and CrRLJ 8.3(c)
  • ER 408, 410, 1101
  • GR 14
  • JuCR 7.15 [new]
  • MAR 3.1
  • RAP 2.2 and RALJ 2.2
  • RPC 1.8, RPC 5.5(e)

On June 5, 2008, the Supreme Court adopted the following rules, effective on January 1, 2009: 

  • APR 11.1-11.7, Continuing Legal Education and Appendix A Regulations 101-112
  • RPC 1.15A(a)
  • ELC 15.4

On April 3, 2008, the Supreme Court entered orders adopting the following rules, effective upon publication:

  • CrRLJ 2.1 and IRLJ 2.1
  • APR 8(b)

On July 11, 2007, the Supreme Court entered an order to adopt amendments to CrR 4.2(g), CrRLJ 4.2(g), and JuCR 7.7, effective upon publication.


 Suggested Amendments of Interest:

On April 2, 2009, the Supreme Court ordered the following rule and rule amendments to be published.  Any comments regarding these rules must be submitted to the Clerk of the Supreme Court by no later than sixty days from the published date:

  • APR 15 - Lawyers' Fund for Client Protection and APR 15 - Lawyers' Fund for Client Protection Rules 1 and 5; clarifying that losses must be directly related to attorney's law practice, and limiting eligibility for claims by family members and investors.
  • RPC 1.15A - Safeguarding Property; ELC 15.4 - Trust Account Overdraft Notification; new ELC 15.7 - Trust Accounts and the Legal Foundation of Washington; Title 15 Caption; and ELPOC 15.4 - Trust Account Overdraft Notification (establishing comparability rules for IOLTA accounts).

On December 5, 2008, the Supreme Court ordered the following proposed amendments published for comment until April 30, 2009:

  • APR 8(b) (Special Admissions)
  • CrRLJ 7.3 (Judgment)
  • RAP 13.4 (Discretionary Review of Decisions Terminating Review)
  • GR 18 (Jury Source List)
  • CrR 3.1(d) (Right to and Assignment of Lawyer)
  • JuCR 9.2(d) (Additional Right to Representation By Lawyer)
  • CrRLJ 3.1(d) (Right to and Assignment of Lawyer)

On October 28, 2008, the Supreme Court ordered substantial amendments submitted by the Trust Account Responsibilities & Retainers Task Force (TARRTF) to be effective upon publication on November 18, 2008:

  • RPC 1.5  (Fees)
  • RPC 1.15A(c) (Safeguarding Property) 

On June 6, 2008, the Supreme Court ordered the adoption of amendments to APR 11.1 - APR 11.7 (Continuing Legal Education) and Appendix A Regulations 101 - 112, effective January 1, 2009.

On June 6, 2008, the Supreme Court approved substantial amendments to APR 12 (Limited Practice Rule for Closing Officers), effective January 1, 2009. 

On June 5, 2008, the Supreme Court ordered the following proposed rules published for comments, with a comment period to end on August 29, 2008:

  • CrR 6.16 and CrRLJ 6.16
  • (Mental Health Practice Rules) MPR 3.5 [New]

On April 3, 2008, the Supreme Court ordered the following proposed rules published for comments on May 6, 2008, with a comment period ending July 7, 2008:

  • RAP 13.5A, 18.13, 18.13A [new]
  • GR 22

 RPCs & Related Rules

On October 28, 2008, the Supreme Court ordered substantial amendments submitted by the Trust Account Responsibilities & Retainers Task Force (TARRTF) to be effective upon publication on November 18, 2008:

  • RPC 1.5  (Fees)
  • RPC 1.15A(c) (Safeguarding Property) 

On June 6, 2008, the Supreme Court ordered the adoption of amendments to APR 11.1 - APR 11.7 (Continuing Legal Education) and Appendix A Regulations 101 - 112, effective January 1, 2009.

On June 6, 2008, the Supreme Court ordered the adoption of RPC 5.5(e), regarding the unauthorized practice of law and multijurisdictional practice, effective July 1, 2008.

On June 6, 2008, the Supreme Court ordered the adoption of amended RPC 1.8(m), effective September 1, 2008. 

Effective September 1, 2007, the Supreme Court amended RPC 1.15A(e). For a copy of the amended rule, please see the Washington State Courts website at: Rule 1.15A: Safeguarding Property.

Effective April 24, 2007, the Supreme Court amended RPC 1.8(e).  For a copy of the amended rule, please see the Washington State Courts website at: Rule 1.8: Conflict of Interest: Current Clients: Specific Rules.

For more information about all proposed and recently adopted rules, see the Washington Court Rules page.





Last Modified: Tuesday, June 16, 2009

Contact Information
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Next Meeting:

October 2009
(Exact Date TBA) 
9:30 a.m. to 1:00 p.m.
WSBA Offices (Puget Sound Plaza)

Chair
Roger D. Wynne
PO Box 94769
Seattle, WA 98124
(206) 233-2177
E-mail

WSBA Liaison
Elizabeth Turner
elizabetht@wsba.org

Board of Governors Liaisons
Loren Etengoff
Edward Shea, Jr.


2008–2009 Meeting Schedule

  • October 20, 2008
  • November 17, 2008
  • January 12, 2009
  • February 9, 2009
  • March 16, 2009
  • April 20, 2009
  • May 18, 2009
  • June 15, 2009

Links

U.S. Courts:  Federal Rulemaking (proposed amendments to Federal Rules posted for review and public comment)