§83.5 Purpose and Procedure

• Jurisdiction: Washington

§83.5 PURPOSE AND PROCEDURE

CR 83 authorizes courts in different counties to adopt local rules to promote the speedy administration and adjudication of cases. The rule requires that local rules be (1) adopted by a majority of judges from the local bench and (2) filed with the Administrator for the Courts, pursuant to GR 7. The rules, or amendments to the rules, do not become effective until filed. They must be filed by July 1 to be effective September 1 of the same year. As the rule states, local rules should not be inconsistent with the civil rules.

Practice Tip: Local rules do not always follow the numbering system of the Washington Superior Court Civil Rules. For example, Pierce County Superior Court places limits on the number of interrogatory questions that may be asked and the number of depositions that may be taken, depending on the complexity of the case. One would expect to find these in local rules, such as rule 26 (discovery), rule 30 (depositions), or rule 33 (interrogatories). Rather, this limitation is found at Pierce County LR 3(h), the section dealing with commencement of actions and case schedules. Some smaller counties, such as Adams County, intermingle the civil and criminal rules, and the numbering seems to have no relation to the state rule number system. However, because the Adams County rules only take up 14 pages, this is probably not much of an issue. The same system is found in many of the smaller counties.

Practice Tip: Motion practice is an area with considerable variance among counties. Many counties require that parties confirm their motions in advance of hearings, presumably to prevent the judge from reading motions that have been struck. There is no corresponding civil rule. The day upon which motions are to be confirmed, and the manner of confirmation, will vary. When filing a motion, be aware of the rule and make sure your staff is also aware and knows the procedure for confirmation. Failure to confirm a motion can mean a wasted trip to court.

Practice Tip: Electronic filing: King County and Pierce County have adopted a system of electronic filing, including the electronic delivery of bench copies. It is recommended that you have the electronic receipts for the filing with you when you go to court to argue the motion. The electronic filings have been known to vanish, and it pays to be able to show that you have complied with the local rules.

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