Wash. Civ. R. Cts. Ltd. Juris. 38

(a) Demand. When a trial by jury is authorized by the constitution, statutes, or decisions

of the Supreme Court, any party may demand a jury which shall be selected and impaneled as

required by law and this rule. At or prior to the time the case is called to be set for trial, or at

such other time as directed by the court, any party may demand a jury trial of any issue triable by

a jury by serving upon the other parties a demand therefor in writing, by filing the demand with

the clerk, and by paying any required jury fee.

(b) Specification of Issues. In the demand a party may specify the issues which it wishes

tried by a jury; otherwise, the demand shall be considered a demand for all issues so triable. If

the demand requests jury trial of only some of the issues, any other party within 14 days of

service of the demand or such lesser time as the court may order, may serve a demand for trial by

jury of any other or all of the issues of fact in the action.

(c) Waiver of Jury Trial. The failure of a party to serve a demand as required by this

rule, to file it as required by this rule, and to pay the required jury fee in accordance with this

rule, constitutes a waiver of trial by jury. A demand for trial by jury once made may not be

withdrawn without the consent of the parties.

(d) Impaneling the Jury.

(1) Voir Dire. A voir dire examination shall be conducted for the purpose of discovering

any basis for challenge for cause and for the purpose of gaining knowledge to enable an

intelligent exercise of peremptory challenges. The judge shall initiate the voir dire examination

by identifying the parties and their respective counsel and by briefly outlining the nature of the

case. The judge and the parties may then ask the prospective jurors questions touching their

qualifications to serve as jurors in the case, subject to the supervision of the court as appropriate

to the facts of the case.

(2) Challenges for Cause. If the court is of the opinion that grounds for challenge to a juror

exist, it shall excuse that juror. Otherwise, any party may challenge the juror for cause.

Challenges for cause shall be allowed as provided in RCW 4.44.150 through 4.44.190.

(3) Peremptory Challenges. The number and the manner of exercising peremptory

challenges shall be as provided in RCW 4.44.130, 4.44.140, and 4.44.190.

(4) Order of Taking Challenges. [Reserved. See RCW 4.44.220.]

(5) Objections to Challenges. [Reserved. See RCW 4.44.230.]

(6) Trial of Challenge. [Reserved. See RCW 4.44.240.]

(e) Alternate Jurors. The court may direct that not more than three jurors in addition to

the regular jury be called and impaneled to serve as alternate jurors. Alternate jurors, in the order

in which they are called, shall replace jurors who, prior to the time the jury retires to consider its

verdict, are unable to continue. Alternate jurors shall be drawn in the same manner, shall have

the same qualifications, shall be subject to the same examination and challenges for cause, and

shall take the same oath as the regular jurors. Each party shall be entitled to one additional

peremptory challenge which may only be exercised against alternate jurors, and other

peremptory challenges allowed shall not be used against alternate jurors. If the court has found

that there is a conflict of interest between parties on the same side, the court may allow each

conflicting party a peremptory challenge to exercise against alternate jurors. An alternate juror

who does not replace a regular juror may be discharged or temporarily excused after the jury

retires to consider its verdict. When an alternate juror is temporarily excused but not discharged,

the trial judge shall take appropriate steps to protect such juror from influence, interference or

publicity which might affect that jurors ability to remain impartial, and the trial judge may

conduct brief voir dire before seating such alternate juror for any trial or deliberations. An

alternate juror may be recalled at any time that a regular juror is unable to serve. If the jury has

commenced deliberations prior to replacement of a regular juror with an alternate juror, the jury

shall be instructed to disregard all previous deliberations and to begin deliberations anew.

(f) Juries of Fewer Than Six. The parties may at any time stipulate that the jury shall

consist of at least three but fewer than six jurors, or that a verdict of a stated majority shall be

taken as the verdict or finding of the jury.

(g) Oath. [Reserved. See RCW 4.44.260.]

(h) Note-Taking by Jurors. In all cases, jurors shall be allowed to take written notes

regarding the evidence presented to them and keep these notes with them during their

deliberation. The court may allow jurors to keep these notes with them in the jury room during

recesses, in which case jurors may review their own notes but may not share or discuss the notes

with other jurors until they begin deliberating. Such notes should be treated as confidential

between the jurors making them and their fellow jurors, and shall be destroyed immediately after

the verdict is rendered.

(i) Remote Trials. A bench or jury trial may be conducted in whole or in part by remote

technology upon agreement of the parties or order of the court.