§40.4 Comparison with Federal Rule

• Jurisdiction: Washington

§40.4COMPARISON WITH FEDERAL RULE

FED. R. CIV. P. 40 is more general yet narrower in scope than CR 40. FED. R. CIV. P. 40 provides that the district courts shall promulgate rules for placing actions on the trial calendar and then describes three optional methods to do so. On the other hand, CR 40(a) provides specific optional methods by which factual or legal issues may be scheduled for trial or placed on the motion docket. FED. R. CIV. P. 40 has no counterpart to CR 40(a). CR 40(b) provides that each superior court may adopt a local rule for placing actions upon the trial calendar, by any one of three optional methods. The three options for placing actions upon the federal or state trial calendar are identical.

FED. R. CIV. P. 40 provides for precedence in scheduling cases for trial in accordance with federal statutes. CR 40(c) grants preference to criminal over civil cases, subject to any contrary statutory provisions, and to cases in which the defendant or a witness...