RULES OF COURT
|IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CrR 6.4(c) AND (e), CrR 6.11(a), CrR 6.12(b) AND (d), CrR 6.13(a), CrR 6.14, CrR 6.16(c), CrR 7.5 AND CrR 7.6(a)||)
Now, therefore, it is hereby
(a) That the amendments as attached hereto are adopted.
(b) That pursuant to the emergency provisions of GR 9(i), the amendments will be published expeditiously and become effective upon publication.
DATED at Olympia, Washington this 7th day of December 2000.
| Smith, J.
|| Talmadge, J.
| Johnson, J.
|| Alexander, J.
| Madsen, J.
|| Faith Ireland, J.
| Sanders, J.
|| Bridge, J.
CrR 6.4 (c) and (e)
(c) Challenges for Cause.
(1) If the judge after examination of any juror is of the opinion that grounds for challenge are present, he or she shall excuse that juror from the trial of the case. If the judge does not excuse the juror, any party may challenge the juror for cause.
(2) RCW 4.44.150 through 4.44.200 shall govern challenges for cause.
(e) Peremptory Challenges.
(1) Peremptory Challenges Defined. A peremptory challenge
is an objection to a juror for which there is no reason given,
but upon which the court shall exclude
him the juror. In
prosecutions for capital offenses the defense and the state may
challenge peremptorily 12 jurors each; in prosecution for
offenses punishable by imprisonment in a penitentiary the state
Department of Corrections 6 jurors each; in all other
prosecutions, 3 jurors each. When several defendants are on
trial together, each defendant shall be entitled to one challenge
in addition to the number of challenges provided above, with
discretion in the trial judge to afford the prosecution such
additional challenges as circumstances warrant.
(2) Peremptory Challenges-How Taken. After prospective jurors have been passed for cause, peremptory challenges shall be exercised alternately first by the prosecution then by each defendant until the peremptory challenges are exhausted or the jury accepted. Acceptance of the jury as presently constituted shall not waive any remaining peremptory challenges to jurors subsequently called.
CrR 6.11 (a)
CrR 6.12 (b) and (d)
(b) When Excused. A witness subpoenaed to attend in a criminal case is dismissed and excused from further attendance as soon as he or she has given his or her testimony-in-chief and has been cross-examined thereon, unless either party makes requests in open court that the witness remain in attendance; and witness fees will not be allowed any witness after the day on which his or her testimony is given, except when the witness has in open court been required to remain in further attendance, and when so required the clerk shall note that fact in his or her journal.
(d) Not Excluded on Grounds of Interest. No person offered as a witness shall be excluded from giving evidence by reason of his or her interest in the result of the action, as a party thereto or otherwise, but such interest may be shown to affect his or her credibility.
CrR 6.13 (a)
TESTIMONY IN LIEU OF WITNESSES
CrR 6.16 (c)
VERDICTS AND FINDINGS
(1) Verdict. The verdict of the jury may be in substantially the following form:
(1) Receipt by the jury of any evidence, paper, document or book not allowed by the court;
(2) Misconduct of the prosecution or jury;
(3) Newly discovered evidence material for the defendant,
he the defendant could not have discovered with reasonable
diligence and produced at the trial;
(4) Accident or surprise;
(5) Irregularity in the proceedings of the court, jury or prosecution, or any order of court, or abuse of discretion, by which the defendant was prevented from having a fair trial;
(6) Error of law occurring at the trial and objected to at the time by the defendant;
(7) That the verdict or decision is contrary to law and the evidence;
(8) That substantial justice has not been done.
When the motion is based on matters outside the record, the facts shall be shown by affidavit.
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 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.