Chapter §1.3 Historical Development

• Jurisdiction: Washington

§1.3 HISTORICAL DEVELOPMENT

CR 1 was enacted in 1967 as part of the original Civil Rules for Superior Court. Order Adopting Civil Rules for Superior Court, 71 Wn.2d xxvi (1967). Before its effective date of July 1, 1967, CR 1 had no parallel provision in the predecessor Rules of Pleading Practice and Procedure. The Washington Supreme Court confirmed its own right to adopt and enforce the civil rules in State v. Superior Court for King County, 148 Wash. 1, 2-15, 267 P. 770 (1928). For a general discussion regarding the adoption of the civil rules, see Order Adopting Civil Rules for Superior Court, May 5, 1967, 71 Wn.2d xvii (1967).

Effective September 1, 2005, CR 1 was amended to incorporate the phrase "and administered," as shown above. Willman v. Wash. Utils. & Transp. Comm'n, 154 Wn.2d 801, 117 P.3d 343 (2005). The phrase "and administered" was added to FED. R. CIV. P. 1 in 1993. According to the advisory committee's notes, this phrase was added for the following reasons:

[T]o recognize the affirmative duty of the court to exercise the authority conferred by these rules to ensure that civil litigation is resolved not only fairly, but also without undue cost or delay. As officers of the court, attorneys share this responsibility with the judge to whom the case is assigned.

FED. R. CIV. P. 1, Notes of Advisory Committee on Rules—1993 Amendment. The federal courts have used FED.R. CIV. P. 1, including the "and administered" language and supporting commentary, to deal with perceived gamesmanship or hardball litigation tactics. See, e.g., Chambers v. Capital Cities /ABC, 851 F. Supp. 543, 546 (S.D.N.Y. 1994) (refusing to permit plaintiff to add additional defendants based on FED. R. CIV. P. 1); Mass. Sch. of Law at Andover, Inc. v. Am. Bar Ass'n, 853 F. Supp. 843 (1994), aff'd, 107 F.3d 1026 (3d Cir.), cert. denied, 522 U.S. 907 (1997) (dismissing conspiracy pleadings as failing to meet standards of FED. R. CIV. P. 1 and 8).

From 1993 to 2005, CR 1 lacked the "and administered" language. Nevertheless, even without the phrase, Washington courts invoked CR 1 to address vexatious tactics and interpreted the rule to impose an implicit obligation to litigate in good faith. See In re Marriage of Giordano, 57 Wn.App. 74, 77-78, 787 P.2d 51 (1990)...