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 & Meeting Materials

• October 22, 2007 Agenda & Meeting Materials
  
• November 19, 2007 Agenda & Meeting Materials; Supplemental Meeting Materials
  
• January 14, 2008 Agenda and Meeting Materials
  
• February 25, 2008 Agenda and Meeting Materials; Supplemental Meeting Materials
  

• April 14, 2008 Agenda & Meeting Materials

• May 19, 2008 Agenda & Meeting Materials

• June 16, 2008 Agenda & Meeting Materials; Supplemental 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.

• June 18, 2007 Meeting Minutes
  
• October 22, 2007 Meeting Minutes
  
• November 19, 2007 Meeting Minutes; November Meeting Materials Attachment
  
• January 14, 2008 Meeting Minutes
  
• February 25, 2008 Meeting Minutes
  
• March 17, 2008 Meeting was cancelled
  
• April 14, 2008 Meeting Minutes
  
• May 19, 2008 Meeting Minutes
  
• [draft] June 16, 2008 Meeting Minutes

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 and 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 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

On November 2, 2006, the Supreme Court adopted new APR 26, a rule requiring each WSBA member to certify annually whether he or she is currently covered by professional liability insurance.  The rule became effective on July 1, 2007.

On July 10, 2006, the Supreme Court adopted amendments to the following rules, effective September 1, 2006:

• RAP 1.1, 2.2, 5.2, 8.1, 9.6, 10.2, 10.3, 10.4, 10.5, 11.4, 12.3, 13.4, 13.5A [new], 13.7, 16.7, 16.9, 16.14, 16.16, 16.18, 17.4, 17.5, 18.1, 18.5, 18.6, 18.7, 18.13, 18.15, Form 4, Form 6, Form 7, Form 12, Form 14, Form 17, and Form 24 [new rule]
• RALJ 4.1
• GR 3.1 (Service and Filing by an Inmate Confined in an Institution)[new rule]
• CR 43 and 66, and CRLJ 43
• amendments to the Rules of Evidence (ER) [deletion of all comments to ERs]

 Other Rule Changes of Interest:

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.

On March 9, 2006, the Supreme Court adopted changes to the court rules relating to destruction and sealing of court records (GR 15) and access to family court records (GR 22), effective July 1, 2006. For more information about these changes, see the press release: Washington Supreme Court Adopts Changes to Court Record Rules.

On October 6, 2004, the Supreme Court adopted a new rule, GR 31, governing access to court records.  The rule became effective on October 26, 2004.  Amendments to GR 31 were adopted by order dated December 1, 2005, effective January 3, 2006. For more information about this rule, see the press release: Washington Supreme Court Adopts Rule Governing Public Access to Court Records.

 Suggested Amendments of Interest:

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

On November 1, 2007, the Supreme Court ordered the following proposed rules published for comments, with the comment period ending April 30, 2008:

• APR 12, 15, 27
• CrR 3.1(d), 4.1, 4.2, 8.3
• CrRLJ 3.1(d), 4.1, 4.2, 8.3
• ELC 13.9, 15.4
• ER 408, 410, 1101 (c)(4)
• GR 14, 23, 34
• JuCR 7.15, 9.2(d)
• RAP 2.2 and RALJ 2.2
• RPC 1.15A, 1.5, 1.8, 5.5

 RPCs & Related Rules

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.

On July 10, 2006, the Supreme Court adopted comprehensive revisions to the Rules of Professional Conduct (RPC), together with conforming amendments to the APR, GR, and ELC. These changes became effective on September 1, 2006. More information about the Ethics 2003 amendments is available at the WSBA Ethics 2003 webpage. 

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