WSR 05-01-043

RULES OF COURT

STATE SUPREME COURT


[ Filed December 6, 2004, 9:49 a.m. ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CRLJ 26 AND CrRLJ 3.2 )

)

)

 ORDER

NO. 25700-A-806

     The District and Municipal Court Judges' Association having recommended the adoption of the proposed amendments to CRLJ 26 and CrRLJ 3.2, and the Court having approved the proposed amendments for publication;

     Now, therefore, it is hereby

     ORDERED:

     (a) That pursuant to the provisions of GR 9(g), the proposed amendments as attached hereto are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites in January 2005.

     (b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.

     (c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than April 29, 2005. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Lisa.Bausch@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

     DATED at Olympia, Washington this 2nd day of December 2004.

For the Court
Gerry L. Alexander
_______________________

CHIEF JUSTICE

GR 9 COVER SHEET


CIVIL RULES FOR COURTS OF LIMITED JURISDICTION (CRLJ)


RULE 26. DISCOVERY


     Purpose: Two changes are proposed to the discovery rules for the courts of limited jurisdiction. First of all, the number of depositions of persons other than parties that a party may take as a matter of right would be increased from one to two.

     It is also proposed that parties be allowed to serve up to 15 requests for admissions on other parties without prior permission of the court. The requests for admissions would be required to follow the requirements of CR 36, which sets forth the procedure for admissions in the superior court. At present, parties in the courts of limited jurisdiction have no right to serve requests for admission on other parties. Requests for admissions are a very useful tool in narrowing the factual issues in dispute between parties prior to trial.

     These changes would broaden the accessibility of the district courts to civil litigation. Having more civil cases filed in the district court helps relieve congestion in the superior courts. Allowing additional discovery in district court cases should not result in an additional burden on the courts, and may result in more efficiency, since the parties will be able to conduct additional discovery as a matter of right, rather than having to request permission from the court.


Suggested Changes


CIVIL RULES FOR COURTS OF LIMITED JURISDICTION (CRLJ)


RULE 26. DISCOVERY


     Discovery in courts of limited jurisdiction shall be permitted as follows:

     (a) Specification of Damages. A party may demand a specification of damages under RCW 4.28.360.

     (b) Interrogatories and Requests for Production.

     (1) The following interrogatories may be submitted by any party:

     (A) State the amount of general damages being claimed.

     (B) State each item of special damages being claimed and the amount thereof.

     (C) List the name, address, and telephone number of each person having any knowledge of facts regarding liability.

     (D) List the name, address and telephone number of each person having any knowledge of facts regarding the damages claimed.

     (E) List the name, address, and telephone number of each expert you intend to call as a witness at trial. For each expert, state the subject matter on which the expert is expected to testify. State the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

     (2) In addition to section (b)(1), any party may serve upon any other party not more than two sets of written interrogatories containing not more than 20 questions per set without prior permission of the court. Separate sections, paragraphs or categories contained within one interrogatory shall be considered separate questions for the purpose of this rule. The interrogatories shall conform to the provisions of CR 33.

     (3) The following requests for production may be submitted by any party:

     (A) Produce a copy of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of any judgment which may be entered in this action, or to indemnify or reimburse the payments made to satisfy the judgment.

     (B) Produce a copy of any agreement, contract or other document upon which this claim is being made.

     (C) Produce a copy of any bill or estimate for items for which special damage is being claimed.

     (4) In addition to section (b)(3), any party may submit to any other party a request for production of up to five separate sets of groups of documents or things without prior permission of the court. The requests for production shall conform to the provisions of CR 34.

     (c) Depositions.

     (1) A party may take the deposition of any other party, unless the court orders otherwise.

     (2) Each party may take the deposition of one two additional persons without prior permission of the court. The deposition shall conform to the provisions of CR 30.

     (d) Requests for Admission

     (1) A party may serve upon any other party up to 15 written requests for admission without prior permission of the court. Separate sections, paragraphs or categories contained within one request for admission shall be considered separate requests for purposes of this rule.

     (2) The requests for admission shall conform to the provisions of CR 36.

     (e) Other Discovery at Discretion of Court. No additional discovery shall be allowed, except as the court may order. The court shall have discretion to decide whether to permit any additional discovery. In exercising such discretion the court shall consider (1) whether all parties are represented by counsel, (2) whether undue expense or delay in bringing the case to trial will result and (3) whether the interests of justice will be promoted.

     (f) How Discovery to Be Conducted. Any discovery authorized pursuant to this rule shall be conducted in accordance with Superior Court Civil Rules 26 through 37, as governed by CRLJ 26.

     (g) Time for Discovery. Twenty-one days after the service of the summons and complaint, or counterclaim, or cross-complaint, the served party may demand the discovery set forth in sections (a)--(c) (d) of this rule, or request additional discovery pursuant to section (d) (e) of this rule. Unless agreed by the parties and with the permission of the court, all discovery shall be completed within 60 days of the demand, or 90 days of service of the summons and complaint, or counterclaim, or cross complaint, whichever is longer.


GR 9 COVER SHEET


CrRLJ 3.2 (o), (r) - (u)


RELEASE OF ACCUSED


     Purpose: In 2003, the legislature increased the public safety and education assessment (PSEA) from 60% and 30% to 70% and 35%, pursuant to RCW 3.62.090. The suggested rule changes in CrRLJ 3.2 (r) through (u) increase the amount shown for the PSEA for the forfeitable offenses listed in the rule to correspond to the statute.

     The suggested rule change in subsection (o) deletes a reference to a section of the Washington Administrative Code that has been repealed.


CRIMINAL RULES FOR COURTS OF LIMITED JURISDICTION (CrRLJ)


RULE 3.2 RELEASE OF ACCUSED


     If the court does not find, or a court has not previously found, probable cause, the accused shall be released without conditions.

     (a) through (n) [No change.]

     (o) Bail in Criminal Offense Cases--Mandatory Appearance.

     (1) When required to reasonably assure appearance in court, bail for a person arrested for the following criminal offenses listed in this rule or comparable ordinances shall be the amount listed in this rule. In an individual case and after hearing the court for good cause recited in a written order may set a different bail amount.

     (2) A court may adopt a local rule requiring that persons subjected to custodial arrest for a certain class of offenses be held until they have appeared before a judge.

     (3) Forfeiture of bail shall not constitute a final disposition for a mandatory offense or comparable ordinance without a written order of the court showing the reasons. The order may be a simple docket entry. If the court allows forfeiture of bail for a mandatory offense, it may accept bail in an amount no less than that set forth in these rules as full payment including all statutory assessments.


Bail
1. Driving while under the influence; physical control (RCW 46.61.502; 46.52.100; 46.61.504) $500
2. Driving while under the influence--nonhighway vehicle or snowmobile (RCW 46.09.120(2)) $500
3. Operating nonhighway vehicle or snowmobile so as to endanger human life, etc. (RCW 46.09.130; 46.10.130) $500
4. No valid driver's license (without identification) (RCW 46.20.021) $475
5. Unlawful possession or use of a driver's license (RCW 46.20.0921) $100
6. Driving while license suspended or revoked in the first, second and third degrees (RCW 46.20.342) $500
7. Violating occupational license restrictions (RCW 46.20.410) $200
8. Financial responsibility suspension (RCW 46.29.610, .620) $100
9. Transporting dangerous articles (RCW 46.48.175) $500
10. Unattended hit and run (RCW 46.52.010) $250
11. Attended hit and run (RCW 46.52.020) $500
12. Reports of repairs, concealing evidence (RCW 46.52.090) $500
13. Confidentiality of driving records (RCW 46.52.130) $500
14. Failure to obey police officer, flagger, or fire fighter (RCW 46.61.015) $250
15. Failure to cooperate with or give information to police officer (RCW 46.61.020) $100
16. Failure to stop and give information (RCW 46.61.022) $100
17. Reckless driving (RCW 46.61.500) $500
18. Racing (RCW 46.61.530) $500
19. Leaving children unattended (RCW 46.61.685) $250
20. Failure to respond or appear (RCW 46.64.020) $250
21. Unfair motor vehicle business practices (RCW 46.70.170) $250
22. Unlawful operation of for hire vehicles (RCW 46.72.100) $250
23. Motor vehicle wreckers (RCW 46.80.170) $500
24. Driving training schools (RCW 46.82.390) $250
25. First Degree Negligent Driving (RCW 46.61.525) $250

     (p) through (q) [No change.]

     (r) Forfeitable Wildlife and Fisheries Offenses. The following offenses shall be forfeitable as a final disposition, in the amounts listed, to include statutory assessments:

WHERE A BAIL AMOUNT IS SHOWN, THE BREAKDOWN IS:
RCW WAC TITLE BAIL

 70%

PSEA

 35%

PSEA

 TOTAL
77.15.120.1 Take endangered fish or wildlife, 2nd degree (Mandatory appearance, GM) $263 $184.10 $92.05 $540
232-12-275 Wildlife rehabilitation $79 $55.30 $27.65 $162
77.15.120.2 Take endangered fish or wildlife, 1st degree (Mandatory appearance, F) $1,316 $921.20 $460.60 $2,698
77.15.130 Take protected fish or wildlife (M) $132 $92.40 $46.20 $271
232-12-064 Live wildlife $263 $184.10 $92.05 $540
232-12-117 Raptor marking $79 $55.30 $27.65 $162
232-12-121 Raptor reporting $79 $55.30 $27.65 $162
232-12-129 Captive raptor propagation $79 $55.30 $27.65 $162
232-12-275 Wildlife rehabilitation $79 $55.30 $27.65 $162
77.15.140 Take unclassified fish or wildlife (M) $53 $37.10 $18.55 $109
232-12-055 Hunter orange $53 $37.10 $18.55 $109
232-12-064 Live wildlife $263 $184.10 $92.05 $540
232-12-077 Possession without statement $79 $55.30 $27.65 $162
232-12-242 Hunt wildlife during deer or elk season $132 $92.40 $46.20 $271
232-12-275 Wildlife rehabilitation $79 $55.30 $27.65 $162
77.15.150 Use poisons or explosives (Mandatory appearance, GM) $789 $552.30 $276.15 $1,618
77.15.160.1 Catch record card (I) $39 $27.30 $13.65 $80
77.15.160.2 Use barbed hooks (I) $39 $27.30 $13.65 $80
77.15.160.3 Rule of commission or director designated as infraction (I) $39 $27.30 $13.65 $80
77.15.170.1 Wastage 2nd degree (M) $132 $92.40 $46.20 $271
77.15.170.2 Wastage 1st degree (Mandatory appearance, GM) $263 $184.10 $92.05 $540
77.15.180.1 Interfere with fishing/hunting gear 2nd degree (M) $184 $128.80 $64.40 $378
77.15.180.3 Interfere with fishing/hunting gear 1st degree (Mandatory appearance, GM) $526 $368.20 $184.10 $1,079
77.15.190 Trapping violations (M) (Includes pamphlet violations) $53 $37.10 $18.55 $109
232-12-024 Sealing pelts $79 $55.30 $27.65 $162
232-12-24402 Colville Reservation – hunting or trapping $184 $128.80 $64.40 $378
77.15.210 Obstruct taking of fish or wildlife (Mandatory appearance, GM) $526 $368.20 $184.10 $1,079
77.15.220 Posting signs (M) $132 $92.40 $46.20 $271
77.15.230 Use of department lands (M) $132 $92.40 $46.20 $271
232-12-177 Vehicle operation on department lands $53 $37.10 $18.55 $109
232-12-187 Access area use $53 $37.10 $18.55 $109
232-12-254 Litter on department lands $53 $37.10 $18.55 $109
77.15.240 Use of dog (M) $132 $92.40 $46.20 $271
77.15.250.1 Release of fish or wildlife (Mandatory appearance, GM) $263 $184.10 $92.05 $540
77.15.250.2 Release of deleterious exotic fish or wildlife (Mandatory appearance, F) $2,631 $1,841.70 $920.85 $5,394
77.15.260.1 Trafficking 2nd degree (GM) $184 $128.80 $64.40 $378
77.15.260.2 Trafficking 1st degree (Mandatory appearance, F) $2,631 $1,841.70 $920.85 $5,394
77.15.270 False reporting (GM) $184 $128.80 $64.40 $378
77.15.280 Report fish or wildlife harvest (M) $53 $37.10 $18.55 $109
77.15.290.1 Transport of fish or wildlife 2nd degree (M) $184 $128.80 $64.40 $378
232-12-021 Importation of wildlife $184 $128.80 $64.40 $378
232-12-061 Fail to tag $184 $128.80 $64.40 $378
232-12-224 Off-reservation possession of wildlife $184 $128.80 $64.40 $378
77.15.290.2 Transport of fish or wildlife 1st degree (Mandatory appearance, GM) $789 $552.30 $276.15 $1,618
232-12-021 Importation of wildlife $184 $128.80 $64.40 $378
232-12-061 Fail to tag $184 $128.80 $64.40 $378
232-12-224 Off – reservation possession of wildlife $184 $128.80 $64.40 $378
77.15.300 Hydraulic project activity (Mandatory appearance, GM) $789 $552.30 $276.15 $1,618
77.15.310 Fish guard on water diversion (Mandatory appearance, GM) $789 $552.30 $276.15 $1,618
77.15.320 Fishway (Mandatory appearance, GM) $526 $368.20 $184.10 $1,079
77.15.330 Hunting or fishing contest (M) $132 $92.40 $46.20 $271
232-12-041 Field trial permit $79 $55.30 $27.65 $162
232-12-168 Fishing contests conditions $79 $55.30 $27.65 $162
232-12-169 Hunting contests conditions $79 $55.30 $27.65 $162
77.15.340 Game farm operation (GM) $263 $184.10 $92.05 $540
232-12-031 Game farm invoice $79 $55.30 $27.65 $162
77.15.350 Aquatic farms – inspection and disease control (M) $263 $184.10 $92.05 $540
77.15.360 Interfere with department operations (GM) $263 $184.10 $92.05 $540
77.15.370.1.a Recreational fishing 1st degree (GM) $184 $128.80 $64.40 $378
77.15.370.1.b Fish in fishway (GM) $263 $184.10 $92.05 $540
77.15.370.1.c Shoot, gaff, snag fish (GM) $263 $184.10 $92.05 $540
77.15.380 Recreational fishing 2nd degree (M) $53 $37.10 $18.55 $109
220-20-025.1 Razor clam beds, driving on $39 $27.30 $13.65 $80
220-20-025.2 Crab, soft shell

+$10 each crab over 1

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-145.1 Dolly Vardon/bull trout or sturgeon mutilation

+$50 each fish over 1

 $79

$0

 $55.30

$0

 $27.65

$0

 $162
220-56-145.2 Recreational salmon, mutilation

+$50 each fish over 1

 $79

$0

 $55.30

$0

 $27.65

$0

 $162
220-56-145.3 Recreational bottomfish, mutilation

+$50 each fish over 1

 $53

$0

 $37.10

$0

 $18.55

$0

 $109
220-56-180.8 Recreational salmon, possession, each fish $79 $55.30 $27.65 $162
220-56-190.1-6 Recreational salmon, over limit, each fish $79 $55.30 $27.65 $162
220-56-190.7 Recreational salmon, illegal size

+$50 each fish over 1

 $79

$0

 $55.30

$0

 $27.65

$0

 $162
220-56-191 Recreational salmon, Puget Sound, undersize

+$50 each fish over 1

 $79

$0

 $55.30

$0

 $27.65

$0

 $162
220-56-191.1-9 Recreational salmon, Puget Sound, over limit, each fish $79 $55.30 $27.65 $162
220-56-215 Recreational salmon, snagged, each fish $79 $55.30 $27.65 $162
220-56-220 Recreational salmon, eggs $132 $92.40 $46.20 $271
220-56-235 Recreational bottomfish, over limit

+$25 each fish over 1

 $53

$0

 $37.10

$0

 $18.55

$0

 $109
220-56-240.1 Recreational sturgeon, size or limit (Mandatory appearance) $263 $184.10 $92.05 $540
220-56-240.2 Recreational forage fish, over limit

+$2 each pound of fish over 10lbs.

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-245 Recreational bottomfish, halibut, over limit, each fish $79 $55.30 $27.65 $162
220-56-255 Recreational bottomfish, halibut, undersize, each fish $79 $55.30 $27.65 $162
220-56-295.1 Recreational sturgeon, remove roe (Mandatory appearance) $526 $368.20 $184.10 $1,079
220-56-310.1 Recreational clams, over limit

+$2 each clam over limit

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.2 Recreational razor clam, over limit, 1-15

+$10 each clam over 30

 $26

$0

 $18.20

$0

 $9.10

$0

 $54
220-56-310.3 Recreational geoduck, over limit

+$50 each geoduck over 4

 $53

$0

 $37.10

$0

 $18.55

$0

 $109
220-56-310.4 Recreational clams, horse clams over limit

+$25 each clam over 8

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.5 Recreational oysters, over limit

+$10 each oyster over 19

 $26

$0

 $18.20

$0

 $9.10

$0

 $54
220-56-310.6 Recreational scallops, over limit Rock scallops

+$10 each over 13

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.7 Recreational scallops, over limit sea scallops

+$10 each over 13

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.8 Recreational scallops, over limit pink scallops

+$10 each full pound or quart over first limit

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.9 Recreational shrimp, over limit

+$50 each full limit over 2 limits

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.10 Recreational octopus, over limit

+$50 each octopus over 3

 $53

$0

 $37.10

$0

 $18.55

$0

 $109
220-56-310.11 Recreational abalone, possess

+$150 each abalone over 1

 $79

$0

 $55.30

$0

 $27.65

$0

 $162
220-56-310.12 Recreational crawfish, over limit

+$25 each full limit over 2 limits

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.13 Recreational squid, over limit

+$50 for any amount over 10 pounds above limit

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.14 Recreational sea cucumber, over limit

+$10 each over 26

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.15 Recreational red sea urchin, over limit

+$10 each urchin over 19

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.16 Recreational purple sea urchin, over limit

+$10 each urchin over 19

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.17 Recreational green urchin, over limit

+$10 each urchin over 37

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.18 Recreational Dungeness crab, over limit, 1-6 crabs

+$25 each crab over 6

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.19 Recreational red rock crab, over limit, 1-6 crabs

+$25 each crab over 6

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.20 Recreational mussels, over limit

+$50 each full 10lbs. over 20lbs.    

$39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.21 Recreational barnacles, over limit

+$50 each full 10lbs. over 2 limits

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-310.23 Recreational King or box crab, possess

+$150 each over 1

 $79

$0

 $55.30

$0

 $27.65

$0

 $162
220-56-335 Recreational crab, 1-6 crabs

+$25 each crab over 6

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-355.2 Recreational geoduck, neck only

+$50 each neck over 1

 $53

$0

 $37.10

$0

 $18.55

$0

 $109
220-56-355.3 Recreational clams, undersize

+$2 each clam over 1

 $39

$0

 $27.30

$0

 $13.65

$0

 $80
220-56-365 Recreational razor clam, fail to retain $39 $27.30 $13.65 $80
220-56-385 Recreational oysters, retain shell

+$10 each shell over 1

 $26

$0

 $18.20

$0

 $9.10

$0

 $54
220-56-400 Recreational abalone, possess

+$150 each over 1 abalone

 $79

$0

 $55.30

$0

 $27.65

$0

 $162
232-12-064 Live wildlife $263 $184.10 $92.05 $540
232-12-077 Possession without statement $79 $55.30 $27.65 $162
232-12-151 Fly fishing rules $79 $55.30 $27.65 $162
232-12-164 Fishing near dams $132 $92.40 $46.20 $271
77.15.390 Seaweed (M) $53 $37.10 $18.55 $109
77.15.400.1 Wild birds 2nd degree (M) $79 $55.30 $27.65 $162
232-12-044 Game bird marking requirements $79 $55.30 $27.65 $162
232-12-047 Unlawful firearm $79 $55.30 $27.65 $162
232-12-055 Hunter orange $53 $37.10 $18.55 $109
232-12-061 Fail to tag $184 $128.80 $64.40 $378
232-12-064 Live wildlife $263 $184.10 $92.05 $540
232-12-068 Nontoxic shot $53 $37.10 $18.55 $109
232-12-077 Possession without statement $79 $55.30 $27.65 $162
232-12-24402 Colville Reservation – hunting or trapping $184 $128.80 $64.40 $378
232-12-264 Bait game birds $263 $184.10 $92.05 $540
232-12-267.1 Field identification of game birds $53 $37.10 $18.55 $109
232-12-275 Wildlife rehabilitation $79 $55.30 $27.65 $162
232-12-291 Hunt before or after hours $79 $55.30 $27.65 $162
232-12-828 Disabled hunter/companion violation $79 $55.30 $27.65 $162
77.15.400.2 Wild birds 1st degree (GM) $132 $92.40 $46.20 $271
77.15.410.1 Big game animal 2nd degree (GM) $263 $184.10 $92.05 $540
232-12-047 Unlawful firearm $79 $55.30 $27.65 $162
232-12-051 Muzzleloading firearms $79 $55.30 $27.65 $162
232-12-054 Unlawful archery $79 $55.30 $27.65 $162
232-12-055 Hunter orange $53 $37.10 $18.55 $109
232-12-064 Live wildlife $263 $184.10 $92.05 $540
232-12-077 Possession without statement $79 $55.30 $27.65 $162
232-12-24402 Colville Reservation – hunting or trapping