§77.6 Analysis

• Jurisdiction: Washington

§77.6ANALYSIS

CR 77(a)-(c) are reserved and reference the applicable statutes, with the exception of CR 77(c)(8)(B). Analysis of the referenced statutes is beyond the scope of this deskbook and not addressed here. CR 77(d) provides direction to the superior courts regarding their conduct and accessibility.

As a general matter, there is very limited case law applying or interpreting CR 77. Those cases that do address the rule are very fact specific and unique. Given the dearth of interpretive case law, the practitioner will need to use general rules of statutory interpretation and construction and references to other civil rules in analyzing CR 77.

(1)Powers of visiting judges

CR 77(c)(8)(B) provides that a judge visiting a county who has "heard or tried any case or matter" there may thereafter further adjudicate the matter "anywhere within the state." The rule has been challenged once, but upheld by the Supreme Court when there was no showing of prejudice to the parties. In re Estate of Shaughnessy, 104 Wn.2d 89, 94, 702 P.2d 132 (1985).

(2)Superior courts always open

CR 77(d) requires that the superior court be open every day, except for nonjudicial days. The rule is derivedfrom the Washington Constitution. Wash. Const, art. IV, §6 ("[Superior Courts] shall always be open, except on nonjudicial days, and their process shall extend to all parts of the state."). The intent of the rule is to prevent litigants from being compelled to attend judicial proceedings on Sundays and other court holidays. State ex rel. Walter v. Superior Court of Whitman Cnty., 49 Wash. 1, 5-6, 94 P. 665 (1908).

"Nonjudicial days" is not defined in the civil rules or by statute, but courts use the term interchangeably with "legal holidays." See, e.g., Walter, 49 Wash. 1; State v. Stanphill, 53 Wn.App. 623, 625, 769P.2d861 (1989). Legal holidays are identified in RCW 1.16.050.

Superior Courts are not limited to conducting business on judicial days. Exceptions to CR 77(d) are found in RCW 2.28.100, which identifies permissible superior court actions that may occur on nonjudicial days. Such actions include (1) providing instructions to a jury when deliberating on their verdict; (2) receipt of a jury verdict; (3) the exercise of magistrate powers in a criminal action or proceeding; (4) hearing applications for and issuing writs of habeas corpus, injunction, prohibition, and attachment; and (5) issuance of any process or subpoena not requiring immediate...