IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CRLJ 4 and GR 9

) ) )

ORDER NO. 25700-A-685

The Washington State Bar Association recommended the adoption of the proposed amendments to CRLJ 4 and GR 9, and 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, 2000.

DATED at Olympia, Washington this 12th day of June 2000.

	Guy, C.J.
Smith, J.	Alexander, J.
Johnson, J.	Sanders, J.
Madsen, J.	Ireland, J.
Talmadge, J.	Bridge, J.

(1) The summons must be signed and dated by the plaintiff or his attorney, and directed to the defendant requiring him to defend the action and to serve a copy of his appearance or defense on the person whose name is signed on the summons, and to file a copy of his appearance or defense with the court.

(2) Unless a statute or rule provides for a different time requirement, the summons shall require the defendant to serve and file a copy of his defense within 20 days after the service of summons, exclusive of the day of service. If a statute or rule other than this rule provides for a different time to serve a defense, that time shall be stated in the summons.

(3) A notice of appearance, if made, shall be in writing, shall be signed by the defendant or his attorney, and shall be served upon the person whose name is signed on the summons and filed with the court.

(4) [Unchanged.]

(b) Summons

(1) Contents. The summons for personal service shall contain:

(i) [Unchanged.]

(ii) a direction to the defendant summoning him to serve a copy of his defense within a time stated in the summons and to file with the court a copy of his defense within the time stated in the summons;

(2) Form. The summons for personal service in the state shall be substantially in the following form:

[Name and Location of Court]
	,		)
		Plaintiff,	)	No.
v.			)	SUMMONS (20 days)
	,	Defendant.	)

To the Defendant: A lawsuit has been started against you in the above entitled court by _______________, plaintiff. Plaintiff's claim is stated in the written complaint, a copy of which is served upon you with this summons.

In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and serve a copy upon the person signing this summons within 20 days after the service of this summons, excluding the day of service, or a default judgment may be entered against you without notice. A default judgment is one where plaintiff is entitled to what he asks for because you have not responded. If you serve a notice of appearance on the undersigned person you are entitled to notice before a default judgment may be entered.

Any response or notice of appearance which you serve on any party to this lawsuit must also be filed by you with the court within 20 days after the service of summons, excluding the day of service.

If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time.

This summons is issued pursuant to rule 4 of the Civil Rules for Courts of Limited Jurisdiction.

[signed]
Print or Type Name
( )	Plaintiff		( )	Plaintiff's Attorney
P.O. Address
Telephone Number
Dated

(c) [Unchanged.]

(d) [Unchanged.]

(e) [Unchanged.]

(f) [Unchanged.]

(g) [Unchanged.]

(h) [Unchanged.]

(i) [Unchanged.]

(j) [Unchanged.]

The cover sheet information as to purpose required by GR 9(d) is included herein solely for information purposes.

Proposed amendment is: GR 9.

Additions and deletions are indicated by underlining and lining out respectively, except where the entire rule is new.]

(1) The adoption and amendment of rules proceed in aAn orderly and uniform procedure is followed manner;

(2) All interested persons and groups are given receive notice and an opportunity to express views regarding proposed rules;

(3) There is Aadequate notice of adopted rules changes and of the the adoption and effective dates is given of new and revised rules;

(4) All pProposed rules are necessary statewide;

(5) Rules changes are minimized to prevent Minimal disruption of in court practice occurs, by limiting the frequency of rule changes; and

(6) The purpose of rules of court is to provide necessary governance of court procedure and practice; and

(7) All rRules of court are clear and definite in application.

(b) Definitions. As used in this rule, the following terms have these meanings:

(1) "Suggested rule change" means a recommendation request for a rule change or a new rule that has been submitted to the Chief Justice Supreme Court.

(2) "Proposed rule" means a recommendation for a suggested rule change made by the Washington State Bar Association to the Washington State that the Supreme Court has ordered published for public comment.

(c) Request for Notification. Any person or group may file a request with the Supreme Court to receive notice of a suggested rule. The request may be limited to certain kinds of rule changes. The request shall state the name and address of the person or group to whom the suggested rule is to be sent. Once filed, the request shall remain in effect until withdrawn or unless notice sent by regular, first-class U.S. mail is returned for lack of a valid address.

(c) (d) Initiation of Rules Changes. All suggestions for rules changes shall be sent to the Chief Justice who shall transmit them to the Washington State Bar Association.

Any group or association whose members are involved in the court system may file a request with the Chief Justice to receive copies of suggested rule changes. The request may specify that the group or association wishes to receive copies of all suggested rule changes or of only certain kinds of suggested rule changes. The request shall state the person to whom the suggested rule change should be sent. Once filed, the request shall be a continuing one until withdrawn by the group or association. Any person or group may submit to the Supreme Court a request to adopt, amend, or repeal a court rule. The Supreme Court shall determine whether the request is clearly stated and in the form required by section (e) of this rule. If the Supreme Court determines that a request is unclear or does not comply with section (e), the Supreme Court may (1) accept the request notwithstanding its noncompliance, (2) ask the proponent to resubmit the request in the proper format, or (3) reject the request, with or without a written notice of the reason or reasons for such rejection.

(d) Receipt of Proposed Rules by Supreme Court. (e) Form for Submitting a Request to Change Rules. Once a suggested rule has been approved by the Washington State Bar Association, it shall be transmitted as a proposed rule to the Chief Justice.

(1) The text of all proposed suggested rules shall be typed should be submitted on 8 1/2- by 11-inch line-numbered paper with consecutive page numbering and in an electronic form as may be specified by the Supreme Court. If the proposed suggested rule affects an existing rule, deleted portions shall should be shown and stricken through; new portions shall should be underlined once.

(2) A suggested Every proposed rule shall should be accompanied by a cover sheet and not more than 25 pages of supporting information, including letters, memoranda, minutes of meetings, research studies, or the like. The cover sheet should contain the following explaining:

(1) (A) Background Name of Proponent -- what the name of the person or group initiated the rules change study and the reason for the request requesting the rule change;

(B) Spokesperson--a designation of the person who is knowledgeable about the proposed rule and who can provide additional information;

(2) (C) Purpose--the purpose of and the reason or necessity for the proposed suggested rule, including whether it creates or resolves any conflicts with statutes, case law, or other court rules;

(3) Washington State Bar Association Action-a summary of the viewpoints expressed during the development of and debate over the proposed rule;

(4) Supporting Material-a table of contents listing the material sent to the Supreme Court in support of the proposal including letters, memoranda, minutes of meetings, or research studies;

(5) Spokesperson--a designation of the person who is knowledgeable about the proposed rule and who could provide additional information to the Supreme Court;

(6) (D) Hearing--whether a hearing is recommended the proponent believes a public hearing is needed and, if so, why;

(E) Expedited Consideration--whether the proponent believes that exceptional circumstances justify expedited consideration of the suggested rule, notwithstanding the schedule set forth in section (i).

All proposed rules must be received by the Supreme Court on or before October 31 to be effective for the succeeding September 1.

(f) Consideration of Suggested Rule by Supreme Court.

(1) The Supreme Court shall initially determine whether a suggested rule has merit and whether it involves a significant or merely technical change. A "technical change" is one which corrects a clerical mistake or an error arising from oversight or omission. The Supreme Court shall also initially determine whether the suggested rule should be considered under the schedule provided for in section (i) or should receive expedited consideration for the reason or reasons to be set forth in the transmittal form provided for in section (f)(2). The Supreme Court may consult with other persons or groups, in making this initial determination.

(2) After making its initial determinations, the Supreme Court shall forward each suggested rule, except those deemed "without merit", along with a transmittal form setting forth such determinations, to the Washington State Bar Association, the Superior Court Judges Association, the District and Municipal Court Judges Association, and the Chief Presiding Judge of the Court of Appeals for their consideration. The transmittal shall include the cover sheet and any additional information provided by the proponent. The Supreme Court shall also forward the suggested rule and cover sheet to any person or group that has filed a notice pursuant to section (c), and to any other person or group the Supreme Court believes may be interested. The transmittal form shall specify a deadline by which the recipients may comment in advance of any determination under section (f)(3) of this rule. If the Supreme Court determines that the suggested rule shall receive expedited consideration, it shall so indicate on the transmittal form. The form may contain a brief statement of the reason or reasons for such consideration.

(e) (3) Action by Supreme Court. If a proposed rule is amended or rejected by the Supreme Court, the Washington State Bar Association will be notified in writing. If a proposed rule is approved, the Supreme Court will order the proposed After the expiration of the deadline set forth in the transmittal form, the Supreme Court may reject the suggested rule, adopt a merely technical change without public comment, or order the suggested rule published for public comment.

The Supreme Court may invite persons familiar with the rule to provide additional information.

(f) (g) Publication for Comment.

(1) All proposed rules approved by the Supreme Court for publication will be published for comment in a Washington Reports advance sheet during the month of January shall be published for public comment in such media of mass communication as the Supreme Court deems appropriate, including, but not limited to, the Washington Reports Advance Sheets and the Washington State Register. The proposed rule shall also be posted on such Internet sites as the Supreme Court may determine, including those of the Supreme Court and the Washington State Bar Association. The purpose statement required by section (e)(2)(C) shall be published along with the proposed rule. Publication of a proposed rule shall be announced in the Washington State Bar News.

(2) Publication of a proposed rule in the Washington State Register shall not subject Supreme Court rulemaking to the provisions of the Administrative Procedures Act.

(3) All comments on a proposed rule shall be directed to the Chief Justice and shall be received no later than the last day of April submitted in writing to the Supreme Court by the deadline set forth in section (i).

(4) If a comment contains a draft of includes a suggested rule, it must should be in the format outlined in 9(d) set forth in section (e). All comments received will be kept on file in the office of the cClerk of the Supreme Ccourt for public inspection and copying.

(g) (h) Final Adoption, Action by the Supreme Court, Publication, and Effective Date.

(1) After the comment period considering a suggested rule, or after considering any comments or written or oral testimony received regarding a proposed rule, the Supreme Court will may adopt, amend, or reject a proposed the rule change or take such other action as the Supreme cCourt deems appropriate.

Prior to action by the Supreme Court, the court may, in its discretion, hold a hearing on a proposed rule at a time and in a manner defined by the court. If the Supreme Court orders a hearing, it shall set the time and place of the hearing and determine the manner in which the hearing will be conducted. The Supreme Court may also designate an individual or committee to conduct the hearing.

(2) Regarding action on a suggested rule:

(A) If the Supreme Court rejects the suggested rule, it may provide the proponent with the reason or reasons for such rejection.

(B) If the Supreme Court adopts the suggested rule without public comment, it shall publish the rule and may set forth the reason or reasons for such adoption.

(3) Regarding action on a proposed rule:

(A) If the Supreme Court rejects a proposed rule, it may publish its reason or reasons for such rejection.

(B) If the Supreme Court adopts a proposed rule, it may publish the rule along with the purpose statement from the cover sheet.

(C) If the Supreme Court amends and then adopts a proposed rule, it should publish the rule as amended along with a revised purpose statement.

(4) All adopted rules, or other final action by the Supreme Court for which this rule requires publication, shall be published the first of in a July in a special edition of the Washington Reports advance sheets and in the Washington State Register immediately after such action. The adopted rules or other Supreme Court final action shall also be posted on the Internet sites of the Supreme Court and the Washington State Bar Association. An announcement of such publication shall be made in the Washington State Bar News.

(5) All adopted rules shall become effective the first day of September unless an emergency as determined by the Supreme Court necessitates as provided in section (i) unless the Supreme Court determines that a different effective date is necessary.

(h) (i) Periodic Schedule for Review and Adoption of Rules.

(1) In order to be published for comment in January, as provided in section (i)(2), a suggested rule must be received no later than October 15 of the preceding year.

(2) Proposed rules shall be published for comment in January of each year.

(3) Comments must be received by April 30 of the year in which the proposed rule is published.

(4) Proposed rules published in January and adopted by the Supreme Court shall be republished in July and shall take effect the following September 1.

(5) All suggested rules will be considered pursuant to the schedule set forth in this section, unless the Supreme Court determines that exceptional circumstances justify more immediate action.

(6) The Supreme Court, in consultation with the Washington State Bar Association, the Superior Court Judges Association, the District and Municipal Court Judges Association, and the Chief Presiding Judge of the Court of Appeals, will establish procedures shall develop a schedule for the periodic review of the rules of particular court rules. The schedule shall be posted on such Internet sites as the Supreme Court may determine, including those of the Supreme Court and the Washington State Bar Association.

(i) (j) Miscellaneous Provisions.

(1) The Supreme Court may adopt, amend, or rescind a rule, or take any emergency action with respect to a rule without following the procedures set forth in this rule. Upon taking such action or upon adopting a rule outside of the schedule set forth in section (i) because of exceptional circumstances, the Supreme Court shall publish the rule in accordance with sections (g) or (h) as applicable.

(2) This rule is effective on March 19, 1982, shall take effect on __________ and appliesy to all proposed rules changes not yet adopted by the Supreme Court by that date. The Supreme Court, in its discretion, may adopt, amend, or rescind a rule without following the procedures set forth in this rule.

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.

Reviser's note: The brackets and enclosed material 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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