WSR 01-01-056

RULES OF COURT

STATE SUPREME COURT


[ December 7, 2000 ]

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) )

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ORDER

NO. 25700-A-697

The Superior Court Judges' Association having recommended the adoption of the proposed 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), and the Court having determined that the proposed amendments will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

Now, therefore, it is hereby

ORDERED:

(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.



SUGGESTED AMENDMENTS


CrR 6.4 (c) and (e)


CHALLENGES



(a) - (b) [Unchanged.]

(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.

(d) [Unchanged.]

(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.


SUGGESTED AMENDMENT


CrR 6.11 (a)


JUDGE-DISABILITY



(a) Disability of Judge During Jury Trial. If, before the judge submits the case to the jury, he or she is unable to continue with the trial, any other judge assigned to or regularly sitting in the court, upon familiarizing himself becoming familiar with the record of the trial, may proceed with the trial. Upon defendant's objection to the replacement, a mistrial shall be granted. If, after the judge submits the case to the jury, he or she is unable to continue, the case shall proceed before another judge.

(b) [Unchanged.]



SUGGESTED AMENDMENTS


CrR 6.12 (b) and (d)


WITNESSES



(a) [Unchanged.]


(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.

(c) [Unchanged.]

(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.



SUGGESTED AMENDMENT


CrR 6.13 (a)


TESTIMONY IN LIEU OF WITNESSES



(a) Deposition. Upon a determination that the testimony of a witness is material, and that it appears probable that the witness will not voluntarily appear at the trial, the court may order the taking of his or her deposition. Pending the taking of the deposition the provisions of CrR 3.2 shall apply.

(b) [Unchanged.]



SUGGESTED AMENDMENT


CrR 6.14


IMMUNITY



In any case the court on motion of the prosecuting attorney may order that a witness shall not be excused from giving testimony or producing any papers, documents or things, on the ground that his such testimony may tend to incriminate or subject him the witness to a penalty or forfeiture; but he the witness shall not be prosecuted or subjected to criminal penalty or forfeiture for or on account of any transaction, matter, or fact concerning which he the witness has been ordered to testify pursuant to this rule. He The witness may nevertheless be prosecuted for failing to comply with the order to answer, or for perjury or the giving of false evidence.



SUGGESTED AMENDMENT


CrR 6.16 (c)


VERDICTS AND FINDINGS



(a) and (b) [Unchanged.]

(c) Forms.

(1) Verdict. The verdict of the jury may be in substantially the following form:


We, the jury, find the defendant guilty [or not guilty] of the crime of ____________________ as charged in count number __________.
Signature of Foreman Presiding Juror

(2) Special Findings. Special findings may be substantially in the following form:


Was the defendant (name) armed with a deadly weapon at the time of the commission of the crime charged in count number ?
Yes ( ) No ( )



SUGGESTED AMENDMENT


CrR 7.5 6


PROBATION



(a) [Unchanged.]


(b) [Unchanged.]



SUGGESTED AMENDMENT


CrR 7.6 5


NEW TRIAL



(a) Grounds for New Trial. The court on motion of a defendant may grant a new trial for any one of the following causes when it affirmatively appears that a substantial right of the defendant was materially affected:

(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, which 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.

Washington State Code Reviser's Office