Under Washington State Superior Court Civil Rules (hereinafter, “Civil Rule” or “CR”), what are trials by remote means? Here’s my point of view.
IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.
Advertisement
Understanding Trials by Remote Means in Washington State Superior Court: CR 39(d)
Washington State courts continue to adapt to modern technology and the evolving needs of litigants. One example is Civil Rule 39(d)* of the Superior Court Civil Rules*, which addresses how civil trials can proceed remotely—either in part or entirely.
What Is CR 39(d)?
CR 39(d)* allows civil trials to be conducted by remote means, such as videoconferencing, if certain conditions are met. This rule gives parties more flexibility, especially when travel or logistics might otherwise be barriers to participating in court.
Two Paths to a Remote Trial
There are two main ways a trial may proceed remotely under CR 39(d)*:
1. By Agreement (Stipulation):
If all parties agree and the court approves, the trial can take place remotely in whole or in part. In such cases, the technology used must allow all participants—including the judge, attorneys, and witnesses—to see, hear, and speak to each other clearly. Importantly, the court must also ensure that the trial remains open to the public, with full access to video and audio feeds.
2. By Proposal Without Agreement:
If one party requests a remote trial, the court must schedule a hearing at least 30 days before trial (or sooner by mutual agreement) to consider the proposal. If the parties can’t agree, the trial will default to being held in person, although the court may still permit individual parties or attorneys to appear remotely.
Limitations
CR 39(d)* does not apply to jury selection (voir dire) or pretrial proceedings. It also defers to CR 43* on whether witnesses may testify remotely during an in-person trial.
Why It Matters
Remote trials can improve access to justice, reduce costs, and increase scheduling flexibility. However, they also require reliable technology and coordination. Understanding the process outlined in CR 39(d) helps litigants and attorneys make informed decisions about whether a remote trial is right for their case.
If you’re involved in a civil case in Washington State and considering a remote trial, it’s wise to speak with your attorney early in the process to understand your options and the court’s expectations.
LEARN MORE
If you would like to learn more, then consider contacting an experienced employment attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.
–gw