§26.1 Introduction

• Jurisdiction: Washington

§26.1 INTRODUCTION

CR 26 is the wellspring for all civil discovery. The rule's various subsections address numerous aspects of the discovery process, as discussed below.

CR 26(a) identifies the discovery methods generally available to litigants. See §26.6(1), below.

CR 26(b) defines the scope of discovery. It describes factors that may support limiting the extent or frequency of discovery, and allowing the court to impose limits on its own initiative or by a party's motion for protective order. It also addresses discovery regarding insurance coverage and structured settlements and awards, codifies the work product rule, addresses discovery of witness statements, governs discovery regarding experts, provides the procedure by which claims involving a party's inadvertent disclosure of privileged or work product materials are to be resolved, describes the standard and method of payment of fees to a party's treating health care provider from whom discovery has been sought, and addresses discovery subject to treaties or conventions. See §26.6(2), below.

CR 26(c) authorizes protective orders. In conjunction with CR 26(b)(1), this subsection provides means for regulating or restricting the scope and...