§38.4 Comparison with Federal Rule

• Jurisdiction: Washington

§38.4 COMPARISON WITH FEDERAL RULE

CR 38 is similar, but not identical, to FED. R. CIV P. 38. Compare CR 38 with FED. R. CIV P. 38. Because the Seventh Amendment to the United States Constitution does not apply to states and because the right to a jury trial is protected solely by article I, §21 of the Washington Constitution, federal law on FED. R. CIV P. 38 does not necessarily compel the same result by Washington courts. See, e.g., Sofie v. Fibreboard Corp., 112 Wn.2d 636, 648, 771P.2d711, opinion amended, 780P.2d260 (1989) ("[BJecause the [United States] Supreme Court's civil trial Seventh Amendment jurisprudence is not binding on the states, state courts can look on this area as educational...