§23.4 Comparison with Federal Rule

• Jurisdiction: Washington

§23.4COMPARISON WITH FEDERAL RULE

With several exceptions, CR 23 corresponds to Fed. R. Civ. P. 23. Pickett v. Holland Am. Line-Westours, Inc., 145 Wn.2d 178, 188, 35P.3d351 (2001), cert, denied sub nom. Bebchick v. Holland Am. Line-Westours, Inc., 536 U.S. 941 (2002) (stating that "CR 23 is identical to its federal counterpart" but failing to note the specific provision in Fed. R. Civ. P. 23(f) for discretionary appeal, a subsection absent from CR 23); Lacey Nursing Ctr, Inc. v. Dep't of Revenue, 128 Wn.2d 40, 46-47, 905P.2d338 (1995); Defunis v. Odegaard, 84 Wn.2d 617, 529P.2d438 (1974); Johnson v. Moore, 80 Wn.2d 531, 496P.2d334 (1972). Effective December 1, 1998, subsection (f) was added to Fed. R. Civ. P. 23. Fed. R. Civ. P. 23(f) gives federal appellate courts discretion to permit appeals of orders granting or denying class action certification. Blair v. Equifax Check Servs., Inc., 181 F.3d 832 (7th Cir. 1999). CR 23 has not been...