S-3504.1  _______________________________________________

                         SENATE BILL 6316

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Senators Zarelli and Kline

Read first time 01/15/98.  Referred to Committee on Law & Justice.

Revising procedures for discovery in actions or proceedings for damages against the state.

    AN ACT Relating to discovery in actions or proceedings against the state; and adding a new section to chapter 4.92 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 4.92 RCW to read as follows:

    In accordance with the rules of the court or unless otherwise limited by order of the court, parties who have properly brought an action or proceeding for damages against the state of Washington, whether the state is acting in its governmental or proprietary capacity, may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action.  The state's 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 the objection shall be stated along with instructions on how to legally acquire documents withheld for the reasons of confidentiality or privilege.

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