WSR 01-13-018

RULES OF COURT

STATE SUPREME COURT


[ June 8, 2001 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CR 28, CR 35, CR 49, MAR 4.1 AND MAR 7.1 )

))

 ORDER

NO. 25700-A-706

     The Washington State Bar Association having recommended the adoption of the proposed amendments to CR 28, CR 35, CR 49, MAR 4.1 and MAR 7.1, 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 amendment as attached hereto are adopted.

     (b) That the amendments will be published in the Washington Reports and will become effective September 1, 2001.

     DATED at Olympia, Washington this 8th day of June 2001.
     Alexander, C. J.
     Smith, J.

      Sanders, J.
     Johnson, J.

      Bridge, J.
     Madsen, J.

      Chambers, J.
     Ireland, J.

      Owens, J.


CIVIL RULE 49

VERDICTS



     (--) Unchanged.

     (a) - (k). Unchanged.

     (l) Any Juror Verdict. When a jury decides a verdict, any juror may vote on any of the questions posed. It is not necessary that the same ten jurors agree on every answer, as long as each answer is agreed to by any ten or more jurors.


MANDATORY ARBITRATION RULE 4.1

RESTRICTIONS ON COMMUNICATION BETWEEN ARBITRATOR AND PARTIES



     No disclosure of any offers of settlement made by any party shall be made to the arbitrator prior to the announcement of the award. Neither counsel nor a party may communicate with the arbitrator regarding the merits of the case except in the presence of, or on reasonable notice to, all other parties.


MANDATORY ARBITRATION RULE 7.1

REQUEST FOR TRIAL DE NOVO



     (a) Service and Filing. Within 20 days after the arbitration award is filed with the clerk, any aggrieved party not having waived the right to appeal may serve and file with the clerk a written request for a trial de novo in the superior court along with proof that a copy has been served upon all other parties appearing in the case. The 20-day period within which to request a trial de novo may not be extended. The request for a trial de novo shall not refer to the amount of the award and shall be in substantially the following form set forth below:


     [Form unchanged]


     (b) Unchanged.

     Reviser's note: The brackets and enclosed material in the text above occurred in the copy filed by the State Supreme Court 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.

© Washington State Code Reviser's Office