Rule 42 – Consolidation; Separate Trials

by | May 14, 2021 | Civil Procedure, Washington

(a) Consolidation. When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders...

Rule 41 – Dismissal of Actions

by | May 14, 2021 | Civil Procedure, Washington

(a) Voluntary Dismissal.(1) Mandatory. Subject to the provisions of rules 23(e) and 23.1, any action shall be dismissed by the court: (A) By stipulation. When all parties who have appeared so stipulate in writing; or (B) By plaintiff before resting. Upon motion of the...

Rule 40 – Assignment of Cases

by | May 14, 2021 | Civil Procedure, Washington

(a) Notice of Trial–Note of Issue.(1)Of Fact. At any time after the issues of fact are completed in any case by the service of complaint and answer or reply when necessary, as herein provided, either party may cause the issues of fact to be brought on for trial,...

Rule 39 – Trial by Jury or by the Court

by | May 14, 2021 | Civil Procedure, Washington

Issues-How Tried. (Reserved. See RCW 4.40.010 through 4.40.070.)(a) By Jury.(1) Rule. When trial by jury has been demanded as provided in rule 38, the action shall be designated upon the docket as a jury action. The trial of all issues so demanded shall be by jury,...

Rule 38 – Jury Trial of Right

by | May 14, 2021 | Civil Procedure, Washington

(-) Defined. A trial is the judicial examination of the issues between the parties, whether they are issues of law or of fact. (a) Right of Jury Trial Preserved. The right of trial by jury as declared by article 1, section 21 of the constitution or as given by a...