WSR 08-01-013

RULES OF COURT

STATE SUPREME COURT


[ December 6, 2007 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO ER 1011 [1101] (c) -- APPLICABILITY OF RULES -- WHEN RULES NEED NOT BE APPLIED )

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 ORDER

NO. 25700-A-886

     The District and Municipal Court Judges' Association having recommended the adoption of the proposed amendment to ER 1101(c) -- Applicability of Rules -- When Rules Need Not Be Applied, and the Court having determined that the proposed amendment will aid in the prompt and orderly administration of justice and further determined than an emergency exists which necessitates an early adoption;

     Now, therefore, it is hereby

     ORDERED:

     (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.


WASHINGTON RULES OF EVIDENCE (ER)


RULE 1101. APPLICABILITY OF RULES


     (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.

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