§53.3.3 Historical Development

• Jurisdiction: Washington

§53.3.3 HISTORICAL DEVELOPMENT

CR 53.3 was proposed by the WSBA Court Rules and Procedures Committee in 1992 in response to a suggestion from Jack Sullivan of the University of Washington School of Law and Seattle attorney Fredric Tausend. CR 53.3 was adopted, as proposed, and it became effective on September 17, 1993 and has not been amended. Some of the language in CR 53.3 was drawn from FRCP 53, but the scope of CR 53.3 and the authority of the master are more limited than under the federal rule. CR 53.3 also borrowed provisions from RCW Ch. 4.48 (Trial Before Referee).

When CR 53.3 was first proposed, it was accompanied by the following drafter's comment:

There are times when lengthy discovery disputes can be anticipated, either because the case involves complexissues with multiple parties and counsel, or because disruptive conduct is expected for any reason. This proposed new rule would allow the court to refer the matter to a special master. On a crowded motion calendar, it is very difficult for the judge to obtain a full picture of the history and complexity of the lawsuit. Use of the special master mechanism would allow the court to gain a neutral and...