§36.3 Historical Development

• Jurisdiction: Washington

§36.3HISTORICAL DEVELOPMENT

CR 36 was adopted on May 5, 1967, and became effective on July 1, 1967. It replaced Rule of Pleading Practice and Procedure 36. At the time of its initial adoption, CR 36 was identical to FED. R. CIV. P. 36.

In 1970, FED. R. CIV. P. 36 was revised extensively; CR 36 was amended to conform to the federal rule in 1972. The 1972 modifications were significant in several respects. First, the revisions broadened the scope of admissions covered by the rule. The limitation that matters requested be "relevant matters of fact" was replaced with "matters within the scope of rule 26(b) ...." This change permitted requests to address matters of opinion or of mixed law and fact. Second, the 1972 modifications to CR 36 extended the response periods. Third, the 1972 modifications removed the verification requirement. CR 26(g), which provides that every response to discovery must be signed, now provides the equivalent of verification.

Fourth, the revised rule prohibits a party from asserting lack of information or knowledge as a reason for failing to admit or...