WSR 99-13-025

RULES OF COURT

STATE SUPREME COURT


[ June 3, 1999 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CRLJ 26; CrRLJ 2.1 (d)(2) AND IRLJ 2.2(d) )

)

)

 ORDER

NO. 25700-A-657
The District and Municipal Court Judges' Association having recommended the adoption of the proposed amendments to CRLJ 26; CrRLJ 2.1 (d)(2) and IRLJ 2.2(d), 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 amendments as attached hereto are adopted.

(b) That the amendments will be published in the Washington Reports and will become effective September 1, 1999.

DATED at Olympia, Washington this 3rd day of June, 1999.
Richard P. Guy
B. Durham

 Alexander, J.
Smith, J.

 Talmadge, J.
Johnson, J.

 Sanders, J.
Madsen, J

 Ireland, J.

CRLJ 26


DISCOVERY


Discovery in courts of limited jurisdiction shall be permitted as follows:

(a) Specification of Damages; Deposition of Party. A party may demand a specification of damages under RCW 4.28.360 and may take the deposition of another party, unless the court orders otherwise.

(b) Interrogatories and Requests for Production.

(1) The following interrogatories and requests for production may be submitted by any party:

(1A) State the amount of general damages being claimed.

(2B) State each item of special damages being claimed and the amount thereof.

(3C) List the name, address, and telephone number of each person having any knowledge of facts regarding liability.

(4D) List the name, address, and telephone number of each person having any knowledge of facts regarding the damages claimed.

(5E) List the name, address, and telephone number of each expert you intend to call as a witness at trial. For each expert, state the subject matter on which the expert is expected to testify. State the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

(2) In addition to section (b)(1), any party may serve upon any other party not more than two sets of written interrogatories containing not more than 20 questions per set without prior permission of the court. Separate sections, paragraphs or categories contained within one interrogatory shall be considered separate questions for the purpose of this rule. The interrogatories shall conform to the provisions of CR 33.

(3) The following requests for production may be submitted by any party:

(6A) Produce a copy of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of any judgment which may be entered in this action, or to indemnify or reimburse the payments made to satisfy the judgment.

(7B) Produce a copy of any agreement, contract or other document upon which this claim is being made.

(8C) Produce a copy of any bill or estimate for items for which special damage is being claimed.

(4) In addition to section (b)(3), any party may submit to any other party a request for production of up to five separate sets of groups of documents or things without prior permission of the court. The requests for production shall conform to the provisions of CR 34.

(c) Depositions.

(1) A party may take the deposition of any other party, unless the court orders otherwise.

(2) Each party may take the deposition of one additional person without prior permission of the court. The deposition shall conform to the provisions of CR 30.

(cd) Other Discovery at Discretion of Court. No additional discovery shall be allowed, except as the parties may stipulate or as the court may order. The court shall have discretion to decide whether to permit any additional discovery. In exercising such discretion the court shall consider (1) whether all parties are represented by counsel, (2) whether undue expense or delay in bringing the case to trial will result and (3) whether the interests of justice will be promoted.

(de) How Discovery To Be Conducted. Any discovery authorized pursuant to this rule shall be conducted in accordance with Superior Court Civil Rules 26 through 37, as governed by CRLJ 26.

(f) Time for Discovery. Twenty-one days after the service of the summons and complaint, or counterclaim, or cross complaint, the served party may demand the discovery set forth in sections (a) - (c) of this rule, or request additional discovery pursuant to section (d) of this rule. Unless agreed by the parties and with the permission of the court, all discovery shall be completed within 60 days of the demand, or 90 days of service of the summons and complaint, or counterclaim, or cross complaint, whichever is longer.

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


PROPOSED AMENDMENTS OF CRIMINAL RULES FOR

COURTS OF LIMITED JURISDICTION (CrRLJ)



CrRLJ 2.1 (d)(2)


COMPLAINT--CITATION AND NOTICE


(a) - (c) [Unchanged.]

(d) Filing.

(1) [Unchanged.]

(2) Time. The citation and notice shall be filed with the clerk of the court within two days 48 hours after issuance, not including Saturdays, Sundays or holidays. A citation and notice not filed within the time limits of this rule may be dismissed without prejudice.


Purpose

To eliminate confusion by changin the required filing period from "48 hours" to "two days". This change is consistent with the amendment proposed at this time to IRLJ 2.2(d).


Reviser's note: The brackets and enclosed material 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.


IRLJ 2.2(d)


INITIATION OF INFRACTION CASES


(a) - (c) [Unchanged.]

(d) Filing of Notice. When a notice of infraction has been issued, the notice shall be filed with a court having jurisdiction over the infraction or with a violations bureau subject to such court's supervision. The notice must be filed within two days of 48 hours issuance of the notice, excluding Saturdays, Sundays, and holidays. A notice of infraction not filed within the time limits of this section may be dismissed without prejudice.


Purpose


To eliminate confusion by changing the filing period for notices of infraction from "48 hours" to "two days." This proposed rule change is consistent with the changes being proposed at this time to CrRLJ 2.1 (d)(2).


Reviser's note: The brackets and enclosed material above occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirments 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.

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