WSR 97-13-020

RULES OF COURT

STATE SUPREME COURT

[June 5, 1997]

IN THE MATTER OF THE ADOPTION ) ORDER

OF THE AMENDMENTS TO CR 34; ) NO. 25700-A-604

CR 41; ARLJ 7; RALJ 4.2(a); )

CRLJ 41 AND CrRLJ 2.3(d) )

The Washington State Bar Association having recommended the adoption of the proposed amendments to CR 34, CR 41 and CRLJ 41 and the District and Municipal Court Judges' Association recommended the proposed amendments to ARLJ 7, RALJ 4.2(a), and CrRLJ 2.3(d). The Court 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 amendments as attached hereto are adopted.

(b) That the amendments will be published in the Washington Reports and will become effective September 1, 1997.

DATED at Olympia, Washington this 5th day of June, 1997.

Durham, C.J.

_______________________

Dolliver, J. Madsen, J.

________________________ ________________________

Smith, J. Talmadge, J.

________________________ ________________________

Guy, J. Alexander, J.

________________________ ________________________

Johnson, J. Sanders, J.

________________________ ________________________

(a) Unchanged.

(b) Procedure. The request may, without leave of court, be served upon the plaintiff after the summons and a copy of the complaint are served upon the defendant, or the complaint is filed, whichever shall first occur, and upon any other party with or after service of the summons and complaint upon that party. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place and manner of making the inspection and performing the related acts.

The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 40 days after service of the summons and complaint upon that defendant. The parties may stipulate or the court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objections shall be stated. If objection is made to part of an item or category, the part shall be specified and inspection permitted of the remaining parts. The party submitting the request may move for an order under rule 37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested.

A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.

(c) Unchanged.

(a) Unchanged.

(b) Involuntary Dismissal; Effect. For failure of the plaintiff to prosecute or to comply with these rules or any order of the court, a defendant may move for dismissal of an action or of any claim against him or her.

(1) Unchanged.

(2) Dismissal on Clerk's Motion.

(A) Notice. In all civil cases in which wherein there has been no action of record has occurred during the previous 12 months just past, the clerk of the superior court shall notify shall mail notice to the attorneys of record by mail that such case will be dismissed by the court will dismiss the case for want of prosecution unless, within 30 days following the said mailing of such notice, a party takes action of record or files a status report with the court indicating the reason for inactivity and projecting future activity and a case completion date action of record is made or an application in writing is made to the court and good cause shown why it should be continued as a pending case. If the court does not receive such a status report, it shall, on motion of the clerk, such application is not made or good cause is not shown, the court shall dismiss the each such case without prejudice and without cost to any party. The cost of filing such order of dismissal with the clerk shall not be assessed against either party.

(B) Mailing notice; reinstatement. The notice shall be mailed in every eligible case not later than 30 days before June 15 and December 15 of each year, and all such cases shall be presented to the court by the clerk for action thereon or before June 30 and December 31 of each year. These deadlines shall not be interpreted as a prohibition against mailing of notice and dismissal thereon as cases may become eligible for dismissal under this rule. The clerk shall mail notice of impending dismissal not later than 30 days after the case becomes eligible for dismissal because of inactivity. A party who does not receive the clerk's notice shall be entitled to reinstatement of the case, without cost, upon motion brought within a reasonable time after learning of the dismissal.

(C) Applicable date Discovery in process. This dismissal procedure is mandatory as to all cases filed after January 1, 1959, and permissive as to all cases filed before that date. This rule is not a limitation upon any other power that the court may have to dismiss any action upon motion or otherwise. The filing of a document indicating that discovery is occurring between the parties shall constitute action of record for purposes of this rule.

(D) Other grounds for dismissal and reinstatement. This rule is not a limitation upon any other power that the court may have to dismiss or reinstate any action upon motion or otherwise.

(3) Unchanged.

(c)-(e) Unchanged.

Any willful failure to apply the provisions of these rules in his court, the failure to amend or vacate local court rules contradictory to those herein set forth, or the continuation of practices expressly forbidden in these rules by the judge of any court subject thereto who has received actual notice of their adoption may be considered a contempt of the Supreme Court of Washington and punishable as such.

[Reserved].

(a) Civil Case. A party may not enforce a civil judgment of a court of limited jurisdiction until 14 30 days after the entry of the judgment. Thereafter, a party may enforce the judgment in the court of limited jurisdiction unless enforcement is stayed as provided in Rule 4.3.

(a) Unchanged.

(b) Involuntary Dismissal; Effect. For failure of the plaintiff to prosecute or to comply with these rules or any order of the court, a defendant may move for dismissal of an action or of any claim against him or her.

(1) Unchanged.

(2) Dismissal on Clerk's Motion.

(i) Notice. In all civil cases in which wherein there has been no action of record has occurred during the previous 12 months just past, the clerk of the superior court may shall notify shall mail notice to the attorneys of record by mail that such case will be dismissed by the court will dismiss the case for want of prosecution unless, within 30 days following the said mailing of such notice, a party takes action of record or files a status report with the court indicating the reason for inactivity and projecting future activity and a case completion date action of record is made or an application in writing is made to the court and good cause shown why it should be continued as a pending case. If the court does not receive such a status report, it shall, on motion of the clerk, such application is not made or good cause is not shown, the court shall dismiss the each such case without prejudice and without cost to any party. The cost of filing such order of dismissal with the clerk shall not be assessed against either party.

(ii) Mailing notice; reinstatement. The notice shall be mailed in every eligible case not later than 30 days before June 15 and December 15 of each year, and all such cases shall be presented to the court by the clerk for action thereon or before June 30 and December 31 of each year. These deadlines shall not be interpreted as a prohibition against mailing of notice and dismissal thereon as cases may become eligible for dismissal under this rule. The clerk shall mail notice of impending dismissal not later than 30 days after the case becomes eligible for dismissal because of inactivity. A party who does not receive the clerk's notice shall be entitled to reinstatement of the case, without cost, upon motion brought within a reasonable time after learning of the dismissal.

(iii) Applicable date Discovery in process. This dismissal procedure is mandatory as to all cases filed after January 1, 1959, and permissive as to all cases filed before that date. This rule is not a limitation upon any other power that the court may have to dismiss any action upon motion or otherwise. The filing of a document indicating that discovery is occurring between the parties shall constitute action of record for purposes of this rule.

(iv) Other grounds for dismissal and reinstatement. This rule is not a limitation upon any other power that the court may have to dismiss or reinstate any action upon motion or otherwise.

(3) Unchanged.

(c) Unchanged.

(d) Unchanged.

(e) Unchanged.

(d) Execution and Return With Inventory. The peace officer taking property under the warrant shall give to the person from whom or from whose premises the property is taken a copy of the warrant and a receipt for the property taken. If no such person is present, it shall be left with some person of suitable age and discretion then residing upon the premises or posted thereon in a conspicuous location. the officer may post a copy of the search warrant and receipt. The return shall be made within 3 court days promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person from whose possession or premises the property is taken, or in the presence of at least one person other than the officer. The court shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.