IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CRLJ 56

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ORDER NO. 25700-A-853

     The District and Municipal Court Judges' Association having recommended the adoption of the proposed amendments to CRLJ 56, and the Court having approved the proposed amendments for publication;

     Now, therefore, it is hereby

     ORDERED:

     (a) That pursuant to the provisions of GR 9(g), the proposed amendments as attached hereto are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Office of the Administrator for the Court's websites in January, 2007.

     (b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.

     (c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than April 30, 2007. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Camilla.Faulk@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

     DATED at Olympia, Washington this 7th day of July, 2006.

	For the Court           Gerry L. Alexander
	CHIEF JUSTICE

     Purpose: The suggested rule changes in subsection (c) make the filing schedule for summary judgment motions in the courts of limited jurisdiction consistent with the filing schedule for summary judgment motions in the superior courts (CR 56(c).) Consistency between the two rules would simplify practice for attorneys who practice in both courts and would not have any negative impact on practice in the courts of limited jurisdiction.

     The suggested changes to subsection (c) include a requirement that a copy of CRLJ 56 be served on unrepresented parties when those parties are served with a motion for summary judgment, to ensure that each party is made aware of the filing deadlines and other necessary information regarding summary judgment motions.

     Finally, new subsection (h) requires that the order granting or denying the motion for summary judgment specify the documents and other evidence relied on by the trial court in making its decision. This subsection is also consistent with the rule applicable to the superior court (CR 56(h).)

     (a) - (b) [No changes.]

     (c) Motion and Proceedings. The motion and any supporting affidavits, memoranda of law, or other documentation shall be filed and served at least 10 not later than 28 calendar days before the time fixed for the hearing. The adverse party, prior to the day of may file and serve opposing affidavits, memoranda of law or other documentation not later than 11 calendar days before the hearing may serve opposing affidavits. The moving party may file any rebuttal documents not later than 5 calendar days prior to the hearing. If the date for filing either the response or rebuttal falls on a Saturday, Sunday, or legal holiday, then it shall be filed and served not later than the next day nearer the hearing which is neither a Saturday, Sunday, or legal holiday. Summary judgment motions shall be heard more than 14 calendar days before the date set for trial unless leave of court is granted to allow otherwise. Confirmation of the hearing may be required by local rules. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages. A party moving for summary judgment shall, along with its motion for summary judgment, serve a copy of CRLJ 56 on all opposing parties who are not represented by counsel in the action.

     (d) - (g) [No changes.]

     (h) Form of Order. The order granting or denying the motion for summary judgment shall designate the documents and other evidence called to the attention of the trial court before the order on summary judgment was entered.

     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.

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