§65.1.7 Significant Authorities

• Jurisdiction: Washington

§65.1.7 SIGNIFICANT AUTHORITIES

CR 65.1 follows its counterpart in the Federal Rules of Civil Procedure in every substantive aspect of its text. Therefore, federal cases and commentaries should be used in analyzing an issue arising under the state rule. Reasoning from a federal case has been followed explicitly in Cedar-Al Products, Inc. v. Chamberlain, 49 Wn.App. 763, 765 n.l, 748P.2d235 (1987). Cedar-Al Products did not explicitly involve CR 65.1, but did involve a claim against a bond required pursuant to CR 65. Cedar-Al Products should be reviewed for its analysis concerning the unfortunate consequences of failing to move under CR 65.1 before an order exonerating a bond is entered.

Only one Washington case significantly discusses CR 65.1: Swiss Baco Skyline Logging Co. v. Haliewicz, 14 Wn.App. 343, 541P.2d1014 (1975). The defendant Haliewicz perfected an interlocutory appeal from an...