Rules of Court — Litigants’ Little Instruction Books
***The Washington Court Rules site has been redesigned and can be previewed here. The new website currently encourages visitors to refer to the legacy version of the website for the latest and most accurate information. Links in this post are to the legacy version of the site.***
“The purpose of rules of court is to provide necessary governance of court procedure and practice and to promote justice by ensuring a fair and expeditious process.” — General Rule 9, Supreme Court Rulemaking
To learn about a legal topic, researchers look at primary sources to find the text of the laws. These sources include laws produced by legislative bodies (statutes or codes), executive agencies (codes or regulations), and the judiciary (court decisions and rules of court). In the judiciary, rules of court are adopted to guide the proceedings of the court. All parties are bound by these rules which provide information on things like formatting documents, providing notice, and the time limits for filing court papers. In reference to court rules, the Nolo Press book Represent Yourself in Court cautions:
You must follow court rules. Even though you are not a lawyer, judges will expect you to know and follow all court rules. If you miss a deadline, use the wrong kind of paper, or violate some other rule, you will suffer the consequences even though you are representing yourself.
Because these rules of the game are so important to everyone involved with a court proceeding, we have compiled resources on how to locate court rules, where to find court rule commentary, and how to learn about the history and pending changes to rules.
Where Do Court Rules Apply?
Each court, from the U.S. Supreme Court to local municipal courts, has a set of rules written specifically for or by that court. These rules usually include both civil and criminal procedure, evidence, professional regulations, and other topics. It is important to locate the correct set of rules that apply to a specific situation and a specific court.
The Washington State Supreme Court has the authority (RCW 2.04.190) to adopt rules for the state courts. Each local court also has the authority (RCW 2.04.210) to adopt additional rules, so it is important to always check your local county court website for rules adopted by your court.
Court rules are available in printed format at most law libraries and in paid online legal research databases. Most rules are also available on the Internet for free. Here are links to help locate the rules for Washington state and local courts, as well as sources for federal and tribal courts:
Local Washington Rules — Superior, District, Municipal
Rules for other states — search the Directory of State Court Websites at the National Center for State Courts
Federal Local Rules — search the Federal Court Finder at the Administrative Office of the U.S. Courts
Tribal Court Rules — search the Tribal Courts directory at the Tribal Court Clearinghouse
What Does This Rule Mean?
If, after reading the text of a rule, you are not sure what it means, you can consult legal texts that are written solely to explain rules of court. To start, find a copy of the annotated rule through your local law library. The annotations will point to cases that have interpreted the rule as well as legal treatises and law review articles that discuss the rule. Editorial commentary is sometimes included for a rule as well. Next, check for legal treatises about rules and procedures. For Washington State, you may want to read the following sources:
Available in print and through remote access in our LexisNexis Digital Library eBook Collection:
Washington Rules of Court Annotated — LexisNexis
Criminal Evidentiary Foundations — Edward J. Imwinkelried, Daniel D. Blinka
LexisNexis Practice Guide: Washington Criminal Law — Linda S. Portnoy, Lisa M. Leone
Pretrial Motions in Criminal Prosecutions — James A. Adams, Daniel D. Blinka
Washington Civil Procedure Deskbook — Washington State Bar Association
Washington Appellate Practice Deskbook — Washington State Bar Association
Available in print and in our Research Room through Westlaw:
Rules Practice (annotated rules) — Washington Practice Series — Elizabeth A. Turner
Handbook on Civil Procedure — Washington Practice Series — Douglas J. Ende
Civil Procedure — Washington Practice Series — Douglas J. Ende
Civil Procedure Forms and Commentary (Washington legal forms and commentary organized by Civil Rule number) — Washington Practice Series — David E. Breskin
Criminal Practice and Procedure — Washington Practice Series — Royce A. Ferguson, Jr.
Courtroom Handbook on Washington Evidence — Washington Practice Series — Karl B. Tegland and Elizabeth A. Turner
Evidence Law and Practice — Washington Practice Series — Karl B. Tegland and Elizabeth A. Turner
Washington Court Rules Annotated (part of the Revised Code of Washington Annotated in Westlaw)
Court Rule History and Purpose
It may be helpful to review the history of a rule for guidance as to how it may be interpreted by the court. Rules in Washington often originate with the Court Rules and Procedures Committee of the Washington State Bar Association (WSBA). In accordance with General Rule 9 on Supreme Court Rulemaking, proposed rules are published for public comment in the Washington Reports advance sheets and the Washington State Register, on the Washington Courts website, and on the WSBA website.
Each rule adoption or amendment is accompanied by a GR 9 cover sheet explaining the purpose of the rule or amendment. These are archived on the court’s website back through December 2004. Older cover sheets can be obtained at our library from the printed advance sheets. Once a rule or rule amendment is adopted it is published in the bound volumes of Washington Reports with strike through deletions and underlined additions.
Drafters’ comments can be found in current and historical volumes of Rules Practice and annotated court rules. Public comments submitted about proposed rules are available online with the GR 9 cover sheets back to December 2004 and are also kept by the Clerk of the Supreme Court where they are available for public viewing.
The Washington Courts website contains a Table of Adoptions and Amendments for rule changes up to 1994, providing the date an amendment took effect. Consolidated amendment information for individual rules can often be found using Rules Practice or Washington Rules of Court Annotated. Other website resources about changes to the rules are:
Rules Adopted but not Yet Effective
Disposition of Rules Formerly Published for Comment (December 2004-current)
GR 9 — Supreme Court Rulemaking and Schedule for Review
Rule-Related Court Orders (June 2022-current)
Local and Federal Court Rules Amendments
Amendments to local court rules are governed by GR 7 on Local Court Rulemaking. Proposed rule changes are published on local county court websites.
Federal rule amendments can be found on the website of the Administrative Office of the U.S. Courts, including pending rule changes, proposed amendments, and historical documents.
Civil Self-Help Resources
Find additional online self-help resources for civil proceedings at these links:
Self-Represented Persons in Superior Court Civil Proceedings (Washington State Courts)
SRL Video Series — Lawsuits Without Tears: The Basics of Representing Yourself (King County Law Library)
Preparing For Your Day in Court: A Handbook to Self-Representation in the King County Superior Courts
A Guide to Washington State Courts
Small Claims Court (Washington State Courts)
Glossary of Terms (Washington State Courts)
Give us a call at 360–357–2136 or email us at library.requests@courts.wa.gov with your state, local, and federal court rules questions. We are here to help! (WB)
