12-13-022

WSR 12-13-022

RULES OF COURT

STATE SUPREME COURT

[ June 7, 2012 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CrR 4.6-DEPOSITIONS

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ORDER NO. 25700-A-998

     The Superior Court Judges Association having recommended the adoption of the proposed amendments to CrR 4.6-Depositions, and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;

     Now, therefore, it is hereby

     ORDERED:

     (a) That the amendments as shown below are adopted.

     (b) That the amendments will be published in the Washington Reports and will become effective September 1, 2012.

     DATED at Olympia, Washington this 7th day of June, 2012.

	Madsen, C.J.
C. Johnson, J.
Owens, J.	J. M. Johnson, J.
	Wiggins, J.
Fairhurst, J.	Gonzalez, J.

SUGGESTED AMENDMENT

CRIMINAL RULES (CrR)

Rule 4.6 - Depositions

     (a) When Taken. Upon a showing The court may order a deposition when (1) the court finds that a prospective witness may be unable to attend or prevented from attending a trial or hearing, (2) or if a witness refuses to discuss the case with either counsel and that his the witness' testimony is material and that it is necessary, or (3) there is good cause shown to take his the deposition in order to prevent a failure of justice. tThe court at any time after the filing of an indictment or information arraignment, may upon motion of a party and notice to the parties, order that his testimony be taken by a deposition and require that any designated books, papers, documents or tangible objects, not privileged, be produced at the same time and place. A witness who is sought to be deposed, or a party, may seek a protective order as provided in the Civil Rules.

     (b) - (e) [unchanged]

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.