§1.6 Analysis

• Jurisdiction: Washington

§1.6 ANALYSIS

CR 1 is most easily analyzed in two parts. The first sentence of the rule defines the scope of the proceedings to which the civil rules apply. The second sentence instructs superior courts to construe the civil rules so as "to secure the just, speedy, and inexpensive determination of every action."

(1) Scope of civil rules

Under CR 1 and CR 81(a), the civil rules govern all civil proceedings except "where inconsistent with rules or statutes applicable to special proceedings ...." Otherwise, CR 81(b) provides that the civil rules supersede all procedural statutes and other rules that may be in conflict with them. CR 81; see also Petrarca v. Halligan, 83 Wn.2d 773, 773, 522 P.2d 827 (1974). Similarly, under RCW 2.04.190, the legislature has delegated rule-making authority to the Supreme Court, and in RCW 2.04.200, provided that rules of court supersede conflicting laws. Note, however, that the civil rules govern only actions that were originally brought in superior court. See Russell v. Dep't of Human Rights, 70 Wn.App. 408, 413 n.4, 854 P.2d 1087 (1993), review denied, 123 Wn.2d 1011 (1994) (CR 15(c) not applicable because action originally brought in administrative agency).

Although CR 1 applies by its terms to only civil actions, courts have suggested that the civil rules might be instructive in other contexts. In In re Estate of Toth, 138 Wn.2d 650, 655-67, 981 P.2d 439 (1999), for example, the court discussed, without deciding, the possibility that CR 6(e) could apply to probate filing periods. But see Grasser v. Blakkolb, 12 Wn.App. 529, 530 P.2d 684 (1975), review denied, 85 Wn.2d 1005 (1975) (holding that the rejection of a claim in a probate matter is not a civil suit for purpose of CR 1, which restricts the application of Superior Court Civil Rules to suits of a...