The Washington discovery plan
Washington kept the CLASSIC discovery regime: subject-matter scope, no statewide caps, no statewide initial disclosures — the county's local rules carry that discipline, and THE CR 26(i) CONFERENCE GATE fronts every discovery motion. The devices and their clocks, from the loaded rules:
Interrogatories
CR 33Answers/objections on the CR 33 clock — each interrogatory answered separately and fully in writing under oath; a defendant's initial window runs from service of the summons and complaint.
- · NO statewide numeric cap — the count is a LOCAL-rule fact (many counties cap; check the county's local rules before propounding).
- · Objection reasons must be stated in lieu of an answer.
Requests for production / inspection
CR 34Written response within 30 days after service — except a defendant may serve a response within 40 days after service of the summons and complaint; stipulation or court order may shorten/lengthen.
- · The response must address each item or category.
- · ESI rides CR 34's scope with CR 26(b) limits; preservation duties are common-law-anchored in Washington.
Requests for admission
CR 36THE SILENCE-ADMITS TRAP: the matter is admitted unless a written answer or objection is served within 30 days after service (defendant's initial window extended; court may shorten/lengthen).
- · Each matter must be separately set forth.
- · Withdrawal/amendment of an admission is a motion under CR 36(b) — an admission is not casually undone.
Depositions
CR 30 / CR 31Notice-driven; no statewide presumptive hour cap (a LOCAL-rule or order fact).
- · Entity depositions follow CR 30(b)(6)-style designation practice.
- · Conduct disputes route through the CR 26(i) conference before any motion.
Physical / mental examinations
CR 35Court order on motion for good cause, or stipulation.
- · The condition must be in controversy; the order controls scope.
Subpoenas (nonparties)
CR 45Per the subpoena's command and CR 45's protection provisions.
- · Nonparty discovery composes with the UIDDA lane for out-of-state witnesses (RCW 5.51).
The doctrine blocks
THE CR 26(i) CONFERENCE GATE
The court will not entertain any motion or objection with respect to rules 26 through 37 unless counsel have conferred. Every compel, protect, or sanctions move starts with the conference — arrange it, hold it, and certify it.
CR 26(i)
The classic scope
Discovery reaches any unprivileged matter relevant to the SUBJECT MATTER of the action — including inadmissible information reasonably calculated to lead to the discovery of admissible evidence. Washington kept the classic formulation; the 2015 federal rewrite never happened here.
CR 26(b)(1)
The court-applied limits
Frequency or extent shall be limited when discovery is unreasonably cumulative or duplicative, obtainable from a more convenient source, the seeker has had ample opportunity, or burden/expense outweighs likely benefit — the proportionality levers live in the court's limiting power.
CR 26(b)(1)(A)-(C)
No statewide caps or disclosures — the local layer decides
Washington sets NO statewide interrogatory count and NO statewide initial-disclosure duty. Counties add both by local rule — the county's local rules are load-bearing here, and GR 7(d) makes the clerk's set the official record.
CR 33; local rules
Protection
Protective orders issue for good cause against annoyance, embarrassment, oppression, or undue burden — the lever for scope fights the limiting factors don't resolve.
CR 26(c)
The discovery signature
Every request, response, and objection is signed; the signature certifies conformity with the rules, proper purpose, and non-excessive burden — CR 26(g) is discovery's own Rule 11.
CR 26(g)
The expenses ladder
On a granted compel motion the court SHALL require the losing party or advising attorney to pay reasonable expenses including attorney fees, unless the opposition was substantially justified or an award would be unjust — and the ladder escalates through CR 37(b)'s order-violation sanctions.
CR 37
How the sibling states differ — honestly
vs FL
Florida caps interrogatories and RFAs at 30 including subparts; Washington has no statewide numeric cap — the county's local rules decide.
vs TX
Texas runs Levels 1/2/3 discovery-control plans; Washington has no level system — CR 26(b)'s limiting factors and local rules do that work.
vs NC
North Carolina is Washington's closest twin (classic scope, no levels); NC's 26(f) discovery-meeting practice differs from Washington's motion-triggered conference.
vs AZ
Arizona mandates Zlaket disclosures and three-tier limits; Washington mandates neither statewide — the CR 26(i) conference and local rules carry the discipline.
Read the rules verbatim: CR 26 · CR 33 · CR 34 · CR 36 · CR 37
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