§38.3 Historical Development

• Jurisdiction: Washington

§38.3 HISTORICAL DEVELOPMENT

CR 38 was adopted in 1967. It has since been amended twice: in 1972 and 1981. The 1972 amendment added a provision allowing for a jury of six in the absence of demanding a jury of twelve. The 1981 amendment eliminated the refund of an unused jury fee.

The Seventh Amendment to the United States Constitution does not apply through the Fourteenth Amendment to states in civil trials. Sofie v. Fibreboard Corp., 112 Wn.2d 636, 771 P.2d 711, opinion amended, 780 P.2d 260 (1989). Thus, the right to a jury trial in civil proceedings is protected solely...