WSR 15-23-040
RULES OF COURT
STATE SUPREME COURT
[November 4, 2015]
IN THE MATTER OF THE PROPOSED AMENDMENT TO ER ll0l(c)APPLICABILITY OF RULES
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ORDER
NO. 25700-A-1126
The Washington State Bar Association Court Rules and Procedures Committee, having recommended the expeditious adoption of the Proposed Amendment to ER ll0l(c)Applicability of Rules, and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ORDERED:
(a) That the new rules as shown below are adopted.
(b) That the new rules will be published expeditiously in the Washington Reports and will become effective upon publication.
DATED at Olympia, Washington this 4th day of November, 2015.
 
 
Madsen, C.J.
Johnson, J.
 
Wiggins, J.
Owens, J.
 
Gonzalez, J.
Fairhurst, J.
 
Gordon McCloud, J.
Stephens, J.
 
Yu, J.
SUGGESTED AMENDMENT
RULES OF EVIDENCE (ER)
RULE 1101Applicability of Rules
ER 1101
Applicability of Rules
(a) Courts Generally. [no change]
(b) Law With Respect to Privilege. [no change]
(c) When Rules Need Not Be Applied. The rules (other than with respect to privileges, the rape shield statute and ER 412) need not be applied in the following situations:
(1) Preliminary Questions of Fact. [no change]
(2) Grand Jury. [no change]
(3) Miscellaneous Proceedings. Proceedings for extradition or rendition; detainer proceedings under RCW 9.100; preliminary determinations in criminal cases; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; proceedings with respect to release on bail or otherwise; contempt proceedings in which the court may act summarily; habeas corpus proceedings; small claims court; supplemental proceedings under RCW 6.32; coroners' inquests; preliminary determinations in juvenile court; juvenile court hearings on declining jurisdiction; disposition, review, and permanency planning hearings in juvenile court; dispositional determinations related to treatment for alcoholism, intoxication, or drug addiction under RCW 70.96A; and dispositional determinations under the Civil Commitment Act, RCW 71.05 and 71.34.
(d) Arbitration Hearings. [no change]
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.