Washington civil rules

Washington civil rules:

Washington civil rules

The court activities in Washington are usually done by the various rules of the court that are made for the effective running of the court. These rules come in both civil and criminal law. The Washington civil rules guide the activities of the court and the people are expected to abide by the rules.

By the rules, the Washington Civil rules shall govern the procedure in the superior court in all suits of a civil nature whether cognizable as cases at law or in equity with the exceptions stated in rule 81. They shall be construed and administered to secure the just, speedy, and inexpensive determination of every action.

The rules encourage quick dispensation of civil suits in the court to meet the various needs of the Litigants and this in return place the court as the hope of the common man.

Read Also: Subpoena and types of Subpoena

The rules under rule 2 provided that there shall be only one form of action known as a civil action. Do note that actions are deemed filed in accordance with the provision of the rules when a summon is filed with a complaint and when the filing fee is also paid in court within fourteen of his written demand to the other party.

It is part of the rules that upon the receipt of the rules by the Defendant, that he is expected to file his notice of appearance in reply to the summon. However, a party shall not be expected to file a summon concerning a counterclaim or a cross-claim.

It would be imperative to note that service of pleading by the rules can be made to the attorney representing the party that you want to serve the court process and it can only be made to the party directly when the court directs so.

The service can also be done through Mail. The service is made by mail, and the papers shall be deposited in the post office addressed to the person on whom they are being served, with the postage prepaid. It shall be deemed served after three days of such posting. The service of court process by mail can be proved by the affidavit of the person who mailed the papers, or by the certificate of an attorney.

The Washington Civil Rules also provides that the Service of Court process can also be done by delivering a copy by any other means, including facsimile or electronic means, consented to in writing by the person served or as authorized under local court rule. Such service if done in judicial days shall be deemed transmitted when done prior to 5 pm.

The rules also provided for discovery when it provided that Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admission.

READ ALSO: Malicious Prosecution and False Imprisonment

The parties by the rules still have the right to a trial by jury. A trial is a means of adjudicating the issues between the parties. The parties can always decide whether to be tried by jury. However, it is usually incumbent on the parties to opt for trial by jury. This right is deemed waived when the trial has resumed. However, demand for trial by jury made in accordance with the rules cannot be withdrawn without the consent of the parties.

The rules also provided for the subpoena of a person to come and either give testimony in the court or tender a document in the court.

The Washington Civil rules also provided for Judgment. Judgment in this context is the final decision of the court in a particular matter. It can be summary judgment, Consent Judgment, Declaratory, and Default Judgment.

You may also like to read – Massachusetts Rules of Civil Procedure

Leave a Comment