WSR 02-15-005

RULES OF COURT

STATE SUPREME COURT


[ July 2, 2002 ]

IN THE MATTER OF THE ADOPTION OF NEW RULE ARLJ 12 AND AMENDMENTS TO RALJ 1.2, RALJ 6.4 AND RALJ 9.2 )

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 ORDER


NO. 25700-A-742

     The District and Municipal Court Judges' Association having recommended the adoption of proposed New ARLJ 12 and amendments to RALJ 1.2, RALJ 6.4 and RALJ 9.2, and the Court having considered the new rule, amendments and comments submitted thereto, and having determined that the proposed new rule and amendments will aid in the prompt and orderly administration of justice;

     Now, therefore, it is hereby

     ORDERED:

     (a) That the new rule and amendments as attached hereto are adopted.

     (b) That the new rule and amendments will be published in the Washington Reports and will become effective September 1, 2002.

     DATED at Olympia, Washington this 2nd day of July 2002.
     Alexander, C. J.
     Smith, J.

      Ireland, J.
     Johnson, J.

      Bridge, J.
     Madsen, J.

      Chambers, J.
     Sanders, J.

      Owens, J.

Suggested New Rule


ARLJ 12


REGISTRATION BY COURTS OF LIMITED JURISDICTION



     (1) All courts of limited jurisdiction shall register with the Administrative Office of the Courts. The registration shall include the name of the court, address, telephone number and the names of judicial officers and the court clerk or administrator. The official registration must be updated annually by each court on or before July 1 and also within 30 days from the date of any changes in the information previously supplied to the Administrative Office of the Courts.

     (2) The failure of a court to register as required by this rule shall not affect in any way the power or authority of a court.


RALJ 1.2

INTERPRETATION AND APPLICATION OF RULES



     (a) Unchanged.

     (b) Application of Rules. Cases and issues will not be determined on the basis of compliance or noncompliance with these rules, except as provided in rules 10.2 and 10.3(c). A party's right to proceed further in an appeal may be conditioned on compliance with the terms of a sanction order under rule 10.1.


RALJ 6.4

TRANSMITAL OF RECORD OF PROCEEDINGS ON DISCRETIONARY REVIEW AND RETURN OF RECORD OF PROCEEDINGS FOLLOWING TERMINATION OF APPEAL



     When a party has filed a notice for discretionary review of the superior court decision, the record of proceedings and the transcript of the electronic record considered by the superior court on direct appeal shall be transmitted to the appellate court. Upon completion of the appeal and any subsequent proceedings for review by the Court of Appeals or Supreme Court, the superior court shall return to the court of limited jurisdiction the record of proceedings transmitted pursuant to RALJ 6.1(a). Transcripts provided pursuant to RALJ 6.3A shall not be returned to the court of limited jurisdiction.


RALJ 9.2

ENTRY OF DECISION AND ENFORCEMENT OF JUDGMENT



     (a) Unchanged.

     (b) Transmittal of Superior Court Mandate. The clerk of the superior court shall transmit written notification of the superior court's decision to the court of limited jurisdiction and to each party not earlier than 30 days nor later than 60 days from the filing of the decision in superior court, unless a party files a timely notice for discretionary review.

     (c) - (e) Unchanged.

     Reviser's note: The spelling error 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.

     Reviser's note: The typographical error 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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