You’d think that the most important material an attorney needs to understand is the law that governs their practice area. Knowing the law is important, but understanding how the courts work is crucial. It will influence case strategy, timing, and presentation of evidence. It’s also important for citizens and advocates who follow animal cruelty cases. The lack of media coverage and public discussion forces us to learn a lot on our own.
Each level of court adopts rules to enable it to conduct business. Rules are the interface between the public and the court system, and they are found everywhere. In Washington state alone, there are jurisdiction-specific rules for the State Supreme Court, the State Courts of Appeal, county courts, many municipal courts, small claims courts, justice of the peace courts and more.
For example, Seattle Municipal Court (SMC) is defined by court rules as a court of limited jurisdiction, and those rules apply only to the SMC and other cities. It cannot prosecute felonies and has other limitations. More serious crimes are referred to the county (the court of general jurisdiction under the General Rules) for action. SMC has adopted local rules that modify the statewide limited jurisdiction rules. Both sets of rules must be used to work with the Court. To complicate matters, individual judges may have their own rules to be used when in their courtroom.
Fast Facts About Court Rules
Rules are divided into criminal law and civil law.
Rules flow from the top down - the rules of general application apply to all courts, and include the rules of evidence, attorney licensing, conduct and discipline, and the judicial code of conduct. Individual counties may adopt “local rules” to modify the rules of general application and further refine their internal court processes.
Rules are highly detailed and may specify the size and type of fonts accepted by the court, dimensions of document margins, page lengths of briefs, deadlines for filing, and methods for getting documents submitted to court.
Rules will set out filing fees, processes for picking a jury, how and when meetings can be conducted via telephone or Zoom, and whether mediation is required before litigation is started.
Rules are general in nature - they set up courtroom security, define indigency, protect public defenders and require ethical behavior. Court rules don’t only apply to litigation - they detail court management and audits, and how persons with disabilities may be accommodated.
Rules are complex, lengthy, and specific to the court.
Finally, federal courts have their own sets of rules with the same patterns. Criminal and civil cases use separate rules, and there are additional rules for Bankruptcy cases, Appeals and Evidence. Naturally, the 94 judicial districts and 13 Courts of Appeal each have local rules, and the Supreme Court has its own rules.