WSR 02-19-032

RULES OF COURT

STATE SUPREME COURT


[ September 5, 2002 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO GR 15, NEW GR 28, CR 47, CrR 6.8, CRLJ 38, CrRLJ 6.8, CR 43, CRLJ 43, CR 51, CrR 6.15, CRLJ 51 AND CrRLJ 6.15 )

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ORDER

NO. 25700-A-750


The Washington State Jury Commission having recommended the adoption of the proposed amendments to GR 15, NEW GR 28, CR 47, CrR 6.8, CRLJ 38, CrRLJ 6.8, CR 43, CRLJ 43, CR 51, CrR 6.15, CRLJ 51 and CrRLJ 6.15, 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 5th day of September 2002.
Alexander, C. J.


Smith, J.


Ireland, J.


Johnson, J.



Madsen, J.


Chambers, J.


Sanders, J.


Owens, J.



Washington Court Rules

GR 15 (j) and (k)

Concerning Access to Juror Information



[a] Unchanged

[b] Unchanged

[c] Unchanged

[d] Unchanged

[e] Unchanged

[f] Unchanged

[h] Unchanged

[i] Unchanged

[j] Access to Juror Information. Individual juror information, other than name, is presumed to be private. After the conclusion of a jury trial, the attorney for a party, or party pro se, or member of the public, may petition the trial court for access to individual juror information under the control of court. Upon a showing of good cause, the court may permit the petitioner to have access to relevant information. The court may require that juror information not be disclosed to other persons.

[k] Access to Master Jury Source List. Master jury source list information, other than name and address, is presumed to be private. Upon a showing of good cause, the court may permit a petitioner to have access to relevant information from the list. The court may require that the information not be disclosed to other persons.


Washington Court Rules

New Rule GR 28

Jury Service Postponement, Excusal, and Disqualification



[a] Scope of rule. This rule addresses the procedures for postponing and excusing jury service under RCW 2.36.100 and 2.36.110 and for disqualifying potential jurors under RCW 2.36.070 (basic statutory qualifications).

[b] Delegation of authority to postpone, excuse, or disqualify.

(1) The judges of a court may delegate to court staff and county clerks their authority to disqualify, postpone, or excuse a potential juror from jury service.

(2) Any delegation of authority under this rule must be written and must specify the criteria for making these decisions.

(3) Judges may not delegate decision-making authority over any grounds for peremptory challenges or challenges for cause that fall outside the scope of this rule.

[c] Grounds for postponement of service.

(1) Postponement of service for personal or work-related inconvenience should be liberally granted when requested in a timely manner.

(2) Postponement shall be to a specified period of time within the twelve-month period pursuant to RCW 2.36.100(2).

[d] Grounds for excusal from service.

(1) Excusal from jury service shall be limited and shall be allowed only when justified by the criteria established in RCW 2.36.100(1) and 2.36.110.

[e] Grounds for disqualification of potential jurors. [Reserved. See RCW 2.36.070.]


CR 47

Concerning Note-Taking by Jurors



[a] Unchanged

[b] Unchanged

[c] Unchanged

[d] Unchanged

[e] Unchanged

[f] Unchanged

[g] Unchanged

[h] Unchanged

[i] Unchanged

[j] Note-Taking by Jurors. With the permission of the trial judge, In all cases, jurors shall be allowed to may take written notes regarding the evidence presented to them and keep these notes with them during when they retire for their deliberation. The court may allow jurors to keep these notes with them in the jury room during recesses, in which case jurors may review their own notes but may not share or discuss the notes with other jurors until they begin deliberating. Such notes should be treated as confidential between the jurors making them and their fellow jurors, and shall be destroyed immediately after the verdict is rendered.


CrR 6.8

NOTE TAKING BY JURORS



With permission of the trial judge, In all cases, jurors shall be allowed to may take written notes regarding the evidence presented to them and keep these notes with them during when they retire for their deliberation. The court may allow jurors to keep these notes with them in the jury room during recesses, in which case jurors may review their own notes but may not share or discuss the notes with other jurors until they begin deliberating. Such notes should be treated as confidential between the jurors making them and their fellow jurors, and shall be destroyed immediately after the verdict is rendered.


CRLJ 38

Concerning Note-taking by Jurors



[a] Unchanged

[b] Unchanged

[c] Unchanged

[d] Unchanged

[e] Unchanged

[f] Unchanged

[g] Unchanged

[h] Note-Ttaking by Jurors. With the permission of the trial judge, In all cases, jurors shall be allowed to may take written notes regarding the evidence presented to them and keep these notes with them during when they retire for their deliberation. The court may allow jurors to keep these notes with them in the jury room during recesses, in which case jurors may review their own notes but may not share or discuss the notes with other jurors until they begin deliberating. Such notes should be treated as confidential between the jurors making them and their fellow jurors, and shall be destroyed immediately after the verdict is rendered.


CrRLJ 6.8

Concerning Note-Taking by Jurors

NOTE-TAKING BY JURORS



With permission of the trial judge, In all cases, jurors shall be allowed to may take written notes regarding the evidence presented to them and keep these notes with them during when they retire for their deliberation. The court may allow jurors to keep these notes with them in the jury room during recesses, in which case jurors may review their own notes but may not share or discuss the notes with other jurors until they begin deliberating. Such notes should shall be treated as confidential between the jurors making them and their fellow jurors, and shall be destroyed immediately after the verdict is rendered.


CR 43

Concerning Jurors Proposing Written Questions to Witnesses



[a] Unchanged

[b] Unchanged

[c] Unchanged

[d] Unchanged

[e] Unchanged

[f] Unchanged

[g] Unchanged

[h] Unchanged

[i] Unchanged

[j] Unchanged

[k] Juror Questions for Witnesses. The court shall permit jurors to submit to the court written questions directed to witnesses. Counsel shall be given an opportunity to object to such questions in a manner that does not inform the jury that an objection was made. The court shall establish procedures for submitting, objecting to, and answering questions from jurors to witnesses. The court may rephrase or reword questions from jurors to witnesses. The court may refuse on its own motion to allow a particular question from a juror to a witness.


CRLJ 43

Concerning Jurors Proposing Written Questions to Witnesses



[a] Unchanged

[b] Unchanged

[c] Unchanged

[d] Unchanged

[e] Unchanged

[f] Unchanged

[g] Unchanged

[h] Unchanged

[i] Unchanged

[j] Unchanged

[k] Juror Questions for Witnesses. The court shall permit jurors to submit to the court written questions directed to witnesses. Counsel shall be given an opportunity to object to such questions in a manner that does not inform the jury that an objection was made. The court shall establish procedures for submitting, objecting to, and answering questions from jurors to witnesses. The court may rephrase or reword questions from jurors to witnesses. The court may refuse on its own motion to allow a particular question from a juror to a witness.


CR 51

Concerning Questions from Deliberating Jurors/Rehearing Evidence



[a] Unchanged

[b] Unchanged

[c] Unchanged

[d] Unchanged

[e] Unchanged

[f] Unchanged

[g] Unchanged

[h] Unchanged

[i] Questions from Jury During Deliberations Further Instructions. After retirement for deliberation, if the jury desires to be informed on any point of law, the judge may require the officer having them in charge to conduct them into court. Upon the jury being brought into court, the information requested, if given, shall be given in the presence of, or after notice to the parties or their counsel. The jury shall be instructed that any question it wishes to ask the court about the instructions or evidence should be signed, dated and submitted in writing to the bailiff without any indication of the status of the jury's deliberations. The court shall notify the parties of the contents of the questions and provide them an opportunity to comment upon an appropriate response. Written questions from the jury, the court's response and any objections thereto shall be made a part of the record. The court shall respond to all questions from a deliberating jury in open court or in writing. In its discretion, the court may grant a jury's request to rehear or replay evidence, but should do so in a way that is least likely to be seen as a comment on the evidence, in a way that is not unfairly prejudicial and in a way that minimizes the possibility that jurors will give undue weight to such evidence. Any additional instruction upon any point of law shall be given in writing.

[j] Unchanged


CrR 6.15


Concerning Questions from Deliberating Jurors/Rehearing Evidence



[a] Unchanged

[b] Unchanged

[c] Unchanged

[d] Unchanged

[e] Unchanged

[f] Questions from Jury During Deliberations Additional or Subsequent Instructions.

(1) After retirement for deliberation, if the jury desires to be informed on any point of law, the judge may require the officer having them in charge to conduct them into court. Upon the jury being brought into court, the information requested, if given, shall be given in the presence of, or after notice to the parties or their counsel. The jury shall be instructed that any question it wishes to ask the court about the instructions or evidence should be signed, dated and submitted in writing to the bailiff. The court shall notify the parties of the contents of the questions and provide them an opportunity to comment upon an appropriate response. Written questions from the jury, the court's response and any objections thereto shall be made a part of the record. The court shall respond to all questions from a deliberating jury in open court or in writing. In its discretion, the court may grant a jury's request to rehear or replay evidence, but should do so in a way that is least likely to be seen as a comment on the evidence, in a way that is not unfairly prejudicial and in a way that minimizes the possibility that jurors will give undue weight to such evidence. Any additional instruction upon any point of law shall be given in writing.

(2) After jury deliberations have begun, the court shall not instruct the jury in such a way as to suggest the need for agreement, the consequences of no agreement, or the length of time a jury will be required to deliberate.

[g] Unchanged


CRLJ 51

Concerning Questions from Deliberating Jurors/Rehearing Evidence



[a] Unchanged

[b] Unchanged

[c] Unchanged

[d] Unchanged

[e] Unchanged

[f] Unchanged

[g] Unchanged

[h] Unchanged

[i] Questions from Jury During Deliberations Further Instructions. After retirement for deliberation, if the jury desires to be informed on any point of law, the judge may require the officer having them in charge to conduct them into court. Upon the jury's being brought into court, the information requested, if given, shall be given in the presence of, or after notice to the parties or their counsel. The jury shall be instructed that any question it wishes to ask the court about the instructions or evidence should be signed, dated and submitted in writing to the bailiff without any indication of the status of the jury's deliberations. The court shall notify the parties of the contents of the questions and provide them an opportunity to comment upon an appropriate response. Written questions from the jury, the court's response and any objections thereto shall be made a part of the record. The court shall respond to all questions from a deliberating jury in open court or in writing. In its discretion, the court may grant a jury's request to rehear or replay evidence, but should do so in a way that is least likely to be seen as a comment on the evidence, in a way that is not unfairly prejudicial and in a way that minimizes the possibility that jurors will give undue weight to such evidence. Any additional instruction upon any point of law shall be given in writing.

[j] Unchanged


CrRLJ 6.15

Concerning Questions from Deliberating Jurors/Rehearing Evidence



[a] Unchanged

[b] Unchanged

[c] Unchanged

[d] Unchanged

[e] Questions from Jury During Deliberations Additional or Subsequent Instructions.

(1) After the jury retires for deliberation, any instructions shall be given in writing. They may be given in open court or delivered to the jury room, but only in the presence of, or after notice to, the parties and their lawyers. The jury shall be instructed that any question it wishes to ask the court about the instructions or evidence should be signed, dated and submitted in writing to the bailiff. The court shall notify the parties of the contents of the questions and provide them an opportunity to comment upon an appropriate response. Written questions from the jury, the court's response and any objections thereto shall be made a part of the record. The court shall respond to all questions from a deliberating jury in open court or in writing. In its discretion, the court may grant a jury's request to rehear or replay evidence, but should do so in a way that is least likely to be seen as a comment on the evidence, in a way that is not unfairly prejudicial and in a way that minimizes the possibility that jurors will give undue weight to such evidence. Any additional instruction upon any point of law shall be given in writing.

(2) After jury deliberations have begun, the court shall not instruct the jury in such a way as to suggest the need for agreement, the consequences of no agreement, or the length of time a jury will be required to deliberate.

[f] Unchanged

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.

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.

Washington State Code Reviser's Office