RULES OF COURT
|IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO ER 1011  (c) -- APPLICABILITY OF RULES -- WHEN RULES NEED NOT BE APPLIED||)
Now, therefore, it is hereby
(a) That the amendment as attached hereto is adopted.
(b) That pursuant to the emergency provisions of GR 9(i), the amendment will be published expeditiously and become effective upon publication.
DATED at Olympia, Washington this 6th day of December, 2007.
| Alexander, C.J.
| C. Johnson, J.
| Madsen, J.
|| Owens, J.
|| Fairhurst, J.
| Bridges, J.
|| J.M. Johnson, J.
(a) - (b) [No changes.]
(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) - (3) [No changes.]
(4) Applications for
Domestic Violence Protection Orders.
Protection order proceedings under RCW 7.90, 10.14 and 26.50
and 10.14. Provided, Wwhen a judge proposes to consider
information from a domestic violence criminal or civil
database, the judge shall disclose the information to each
party present at the hearing; on timely request, provide each
party with an opportunity to be heard; and, take appropriate
measures to alleviate litigants' safety concerns. The judge
has discretion not to disclose information that he or she does
not propose to consider.
(d) [No changes.]
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.