§25.8 Strategic and Practical Considerations

JurisdictionWashington

§25.8 STRATEGIC AND PRACTICAL CONSIDERATIONS

Although Petrarca v. Halligan, 83 Wn.2d 773, 522P.2d827 (1974), limits the effect of any statutory time deadlines for the filing of a motion for substitution, the court still retains the discretion to allow or disallow a motion for substitution. The use of the phrase "may order substitution" in CR 25(a)(1) indicates that a trial court may disallow substitution even when the underlying action survives and time limits have been met; but no case either...

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