WSR 99-20-071

RULES OF COURT

STATE SUPREME COURT


[ October 1, 1999 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CR 40(f) AND NEW CrR 8.9 )

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)

ORDER

NO. 25700-A-667


The Superior Court Judges' Association having recommended the adoption of the proposed amendments to CR 40(f) and New CrR 8.9, 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 and further determined that an emergency exists which necessitates an early adoption;

Now, therefore, it is hereby

ORDERED:

(a) That the amendments as attached hereto are adopted.

(b) That pursuant to the emergency provisions of GR 9(i), the amendments will be published expeditiously and become effective upon publication.

DATED at Olympia, Washington this 1st day of October, 1999.
Guy, C. J.




Smith, J.



Johnson, J.


Alexander, J.


Talmadge, J.


Ireland, J.



CR 40(f)

CHANGE OF JUDGE



(f) Change of Judge. [Reserved. See RCW 4.12.040 and 4.12.050.] Any right under RCW 4.12.050 to seek disqualification of a judge will be deemed waived unless, in addition to the limitations in the statute, the motion and affidavit is filed with the court no later than thirty days prior to trial before a pre-assigned judge. For purposes of this rule, "trial" includes any review or appeal from an administrative body. If a case is re-assigned to a different judge less than forty days prior to trial, a party may then move for a change of judge within ten days of such reassignment, unless the moving party has previously made such a motion.

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.

Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.


CrR 8.9

[New Rule]

CHANGE OF JUDGE



Any right under RCW 4.12.050 to seek disqualification of a judge will be deemed waived unless, in addition to the limitations in the statute, the motion and affidavit is filed with the court no later than thirty days prior to trial before a pre-assigned judge. If a case is re-assigned to a different judge less than forty days prior to trial, a party may then move for a change of judge within ten days of such reassignment, unless the moving party has previously made such a motion.

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.

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