WSR 19-23-021
RULES OF COURT
STATE SUPREME COURT
[November 6, 2019]
IN THE MATTER OF THE SUGGESTED AMENDMENTS TO MANDATORY ARBITRATION RULES (MARs) 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 4.1, 4.2, 4.3, 5.1, 5.2, 5.3, 5.4, 6.1, 6.2, 6.3, 6.4, 7.1, 7.2, 7.3, 8.1, 8.2, 8.3, 8.4, 8.5, TO SUPERIOR COURT ARBITRATION OF CIVIL ACTIONS (SCCARs) AND GR 1
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ORDER
NO. 25700-A-1271
The Washington State Bar Association Board of Governors, having recommended the adoption of the suggested amendments to Mandatory Arbitration Rules (MARs) 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 4.1, 4.2, 4.3, 5.1, 5.2, 5.3, 5.4, 6.1, 6.2, 6.3, 6.4, 7.1, 7.2, 7.3, 8.1, 8.2, 8.3, 8.4, 8.5, to Superior Court Arbitration of Civil Actions (SCCARs) and GR 1, and the Court having considered the suggested amendments, and having determined that the suggested amendments will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ordered:
(a) That the suggested amendments as shown below are adopted.
(b) That pursuant to the emergency provisions of GR 9 (j)(1), the suggested amendments will be published expeditiously in the Washington Reports and will become effective upon publication.
dated at Olympia, Washington this 6th day of November, 2019.
 
 
Fairhurst, C.J.
Johnson, J.
 
Wiggins, J.
Madsen, J.
 
Gonzalez, J.
Owens, J.
 
Gordon McCloud, J.
Stephens, J.
 
Yu, J.
GR 1
CLASSIFICATION SYSTEM FOR COURT RULES
PART I: RULES OF GENERAL APPLICATION
General Rules
GR
Code of Judicial Conduct
CJC
Discipline Rules for Judges
DRJ
Board for Judicial Administration Rules
BJAR
Admission to Practice Rules
APR
Rules of Professional Conduct
RPC
Rules for Enforcement of Lawyer Conduct
ELC
Judicial Information System Committee Rules
JISCR
Rules of Evidence
ER
PART II: RULES FOR APPELLATE COURT ADMINISTRATION
Supreme Court Administrative Rules
SAR
Court of Appeals Administrative Rules
CAR
PART III: RULES ON APPEAL
Rules of Appellate Procedure
RAP
PART IV: RULES FOR SUPERIOR COURT
Superior Court Administrative Rules
AR
Superior Court Civil Rules
CR
Superior Court CivilMandatory Arbitration Rules
MSCCAR
Superior Court Special Proceedings Rules
SPR
Superior Court Guardian ad Litem Rules
GALR
Superior Court Criminal Rules
CrR
Superior Court Special Proceeding Rules—Criminal
SPCR
Superior Court Mental Proceedings Rules
MPR
Juvenile Court Rules
JuCR
PART V: RULES FOR COURTS OF LIMITED JURISDICTION
Administrative Rules for Courts of Limited Jurisdiction
ARLJ
Rules for Appeal of Decisions of Courts of Limited Jurisdiction
RALJ
Civil Rules for Courts of Limited Jurisdiction
CRLJ
Criminal Rules for Courts of Limited Jurisdiction
CrRLJ
Infraction Rules for Courts of Limited Jurisdiction
IRLJ
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 1.1
APPLICATION OF RULES
These arbitration rules apply to mandatory arbitration of civil actions under RCW 7.06. These rules do not apply to arbitration by private agreement or to arbitration under other statutes, except by stipulation under rule 8.1.
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 1.2
MATTERS SUBJECT TO ARBITRATION
A civil action, other than an appeal from a court of limited jurisdiction, is subject to arbitration under these rules if the action is at issue in a superior court in a county which has authorized mandatory arbitration under RCW 7.06, if (1) the action is subject to mandatory arbitration as provided in RCW 7.06, (2) all parties, for purposes of arbitration only, waive claims in excess of the amount authorized by RCW 7.06, exclusive of attorney fees, interest and costs, or (3) the parties have stipulated to arbitration pursuant to rule 8.1.
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 1.3
RELATIONSHIP TO SUPERIOR COURT JURISDICTION AND OTHER RULES
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 2.1
TRANSFER TO ARBITRATION
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 2.2
COURT MAY DETERMINE ARBITRABILITY
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 2.3
ASSIGNMENT TO ARBITRATOR
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULEMAR 3.1
QUALIFICATION
Unless otherwise ordered or stipulated, an arbitrator must be a member in good standing of the Washington State Bar Association who has been admitted to the Bar for a minimum of 5 years, or who is a retired judge. The parties may stipulate to a nonlawyer arbitrator.
Unless waived pursuant to RCW 7.06.040 (2)(b), a person may not serveTo qualify as an arbitrator unless the, a person hasmustcompleted a minimum of three credits of Washington State Bar Association approved continuing legal education credits on the professional and ethical considerations for serving as an arbitrator. A person serving as an arbitrator must file a declaration or affidavit stating or certifying to the appointing court that the person is in compliance with the qualifications described in RCW 7.06.040sign and file an oath of office, either to serve in a particular case, or as a member of a panel of arbitrators. The court is authorized to remove an individual from a list of qualified arbitrators for good cause.
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULEMAR 3.2
AUTHORITY OF ARBITRATORS
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULEMAR 4.1
RESTRICTIONS ON COMMUNICATION BETWEEN ARBITRATOR AND PARTIES
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULEMAR 4.2
DISCOVERY
After the assignment of a case to the arbitrator, a party may demand a specification of damages under RCW 4.28.360, mayconduct discovery as follows: (1) request from the arbitrator an examination under CR 35; (2), may request admissions from a party under CR 36;, and (3) may take the deposition of another party, unless the arbitrator orders otherwise. NoA party may request additional discovery from the arbitrator, including interrogatories, and the arbitrator will allow additional discoveryshall be allowed, except as the parties may stipulate or as the arbitrator may order. The arbitrator will allow discovery only when reasonably necessary. The conference requirements of CR 26(i) shall not apply to motions to the arbitrator to allow additional discovery under this rule.
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 4.3
SUBPOENA
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 5.1
NOTICE OF HEARING
The arbitrator shall set the time, date, and place of the hearing and shall give reasonable notice of the hearing date to the parties. Except by stipulation or for good cause shown, the hearing shall be scheduled to take place not sooner than 21 days, nor later than 7563 days, from the date of the assignment of the case to the arbitrator. The hearing shall take place in appropriate facilities provided or authorized by the court.
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 5.2
PREHEARING STATEMENT OF PROOF
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 5.3
CONDUCT OF HEARING—WITNESSES—RULES OF EVIDENCE
(a)-(c) [Unchanged]
(d) Certain Documents Presumed Admissible. The documents listed below, if relevant, are presumed admissible at an arbitration hearing, but only if (1) the party offering the document serves on all parties a notice, accompanied by a copy of the document and the name, address and telephone number of its author or maker, at least 14 days prior to the hearing in accordance with SCCARMAR 5.2; and (2) the party offering the document similarly furnishes all other related documents from the same author or maker. This rule does not restrict argument or proof relating to the weight of the evidence admitted, nor does it restrict the arbitrator's authority to determine the weight of the evidence after hearing all of the evidence and the arguments of opposing parties. The documents presumed admissible under this rule are:
(d)(1)-(d)(7) [Unchanged]
(e) [Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 5.4
ABSENCE OF PARTY AT HEARING
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 6.1
FORM AND CONTENT OF AWARD
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULEMAR 6.2
FILING OF AWARD
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULEMAR 6.3
JUDGMENT ON AWARD
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULEMAR 6.4
COSTS AND ATTORNEY FEES
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULEMAR 7.1
REQUEST FOR TRIAL DE NOVO
(a) [Unchanged]
(b) Form. The request for a trial de novo shall not refer to the amount of the award, including any award of costs or attorney fees, and shall be substantially in the form set forth below, and must be signed by the party:
SUPERIOR COURT OF WASHINGTON
FOR (______) COUNTY
_____,
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                    Plaintiff,
                    v.
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   No. ______
   REQUEST FOR
TRIAL DE NOVO
_____,
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                    Defendant.
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TO: The clerk of the court and all parties:
Please take notice that (name of aggrieved party) requests a trial de novo from the award filed ____(date)_____.
Dated:________________
___________________
 
(SignatureName of attorney for aggrieved party)
 
(Printed Name):
 
(Title, if applicable)
 
 
 
(Name of attorney for aggrieved party)
(c) - (d) [Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 7.2
PROCEDURE AFTER REQUEST FOR TRIAL DE NOVO
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 7.3
COSTS AND ATTORNEY FEES
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 8.1
STIPULATIONS
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 8.2
LOCAL RULES
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 8.3
EFFECTIVE DATE
[Unchanged]
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 8.4
TITLE AND CITATION
These rules shall be known and cited as the Superior Court CivilMandatory Arbitration Rules.
SCCARMAR is the official abbreviation.
SUGGESTED AMENDMENT
SUPERIOR COURT CIVILMANDATORY ARBITRATION RULES
(SCCARMAR)
RULE 8.5
STATUS OF COMMENTS
[Unchanged]