§12.4 Comparison with Federal Rule

• Jurisdiction: Washington

§12.4 COMPARISON WITH FEDERAL RULE

This section compares textual and other differences between CR 12 and FED. R. CIV.. P. 12.

(1)Textual differences

There are substantial textual differences between the federal and state versions of rule 12. Substantively, however, the rules are very similar.

FED. R. CIV.. P. 12 and CR 12 have slightly different time requirements for serving an answer to a complaint, cross claim, or counterclaim (21 days in federal court and 20 days in state court). The federal rule, in FED. R. CIV.. P. 12(a)(2) and (3), has special 60-day time periods for answers by certain government agencies and employees. The federal rule does not provide the additional basis to move for a more definite statement that is found in CR 12(e): "or if more particularity in that pleading...