WSR 14-01-063

RULES OF COURT

[December 12, 2013]

The King County Bar Association having recommended the adoption of the proposed amendments to GR 30 - Electronic Filing and Service, and CR 5 - Service and Filing of Pleadings and Other Papers, and the Court having approved the proposed amendments for publication;

Now, therefore, it is hereby

(a) That pursuant to the provisions of GR 9(g), the proposed amendments as shown below are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites in January, 2014.

(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.

(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than April 30, 2014. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Denise.Foster@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

DATED at Olympia, Washington this 12th day of December, 2013.

GR 9 Cover Sheet

GR 30—Electronic Filing and Service

CR 5—Service and Filing of Pleadings and Other Papers

.

PURPOSE: The purpose of the suggested rule changes is to permit counties to opt into mandatory electronic service on attorneys of court filed documents rather than requiring case by case consent of counsel. King and Pierce Counties have fully implemented electronic filing of pleadings. The overwhelming majority of lawyers in King County have computer access and regularly use email for communication with opposing counsel. The federal courts have long implemented electronic service of filed pleadings through the ECF/Pacer system. Our current rules permit electronic service only with the express consent of counsel in each case. GR 30 (b)(4) prevents local courts from having a choice.

RULE 5 - SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

(a) Service—When Required. [No change]

(b) Service—How Made.

(1)–(6) [No change]

(7) Service by Other Means. Service under this rule may be made by delivering a copy by any other means, including facsimile or electronic means, consented to in writing by the person served or as authorized under local court rule pursuant to GR 30 (b)(4). Service by facsimile or electronic means is complete on transmission when made prior to 5:00 p.m. on a judicial day. Service made on a Saturday, Sunday, holiday or after 5:00 p.m. on any other day shall be deemed complete at 9:00 a.m. on the first judicial day thereafter; Service by other consented means is complete when the person making service delivers the copy to the agency designated to make delivery. Service under this subsection is not effective if the party making service learns that the attempted service did not reach the person to be served.

(c) – (j) [No change]

SUGGESTED AMENDMENT

RULES OF GENERAL APPLICATION (GR)

RULE 30 – ELECTRONIC FILING AND SERVICE

(a) [No change]

(b) Electronic filing authorization, exception, service, and technology equipment.

(1)–(3) [No change]

(4) Electronic Service by Parties. Parties may electronically serve documents on other parties of record only by agreement.

(5) A court may adopt a local rule that mandates electronic filing by attorneys and/or electronic service of documents on attorneys for parties of record, provided that the attorneys are not additionally required to file paper copies except for those documents set forth in (b)(2). Electronic service may be made either through an electronic transmission directly from the court (where available) or by a party's attorney. Absent such a local rule, parties may electronically serve documents on other parties of record only by agreement. The local rule shall not be inconsistent with this Rule and the Electronic Filing Technical Standards, and the local rule shall permit paper filing and/or service upon a showing of good cause. Electronic filing and/or service should not serve as a barrier to access.

(c) – (e) [No change]