§69.4 Comparison with Federal Rule

• Jurisdiction: Washington

§69.4 COMPARISON WITH FEDERAL RULE

Although the Washington rule was originally patterned after the federal rule, adopted in 1949, there are differences with the federal rule regarding the types of discovery allowed. Accordingly, federal case law should be consulted with some caution.

FED. R. CIV. P. 69(a)(1) adopts the procedure of the state in which the federal court is located, and FED. R. CIV. P. 69(b) adds a provision regarding enforcing judgments against certain government officials. Neither subsection has a counterpart in the Washington rule, but no analogous section is needed under state law.

The notable difference between the rules is the discovery available to the judgment creditor, set out in CR 69(b) and FED. R. CIV. P. 69(a)(2). The Washington rule allows the judgment creditor to "examine" any...