Sackett v. Santilli

Summary

The Washington Supreme Court held that article I, section 21 of the Washington Constitution limits the legislature's authority concerning waiver of civil jury trials but does not grant the legislature exclusive authority. The court upheld CR 38(d), concluding that the rule validly provides for implied waiver when a party fails to timely serve and file a jury demand and pay the required fee.

Holdings

1. Article I, section 21 is a limitation on the legislature's authority to provide for waiver of the civil jury right, not a grant of exclusive authority to the legislature. The legislature and the courts possess coextensive authority to make provision for implied waiver of the right to a civil jury trial.
2. CR 38(d) is constitutional and validly provides that failure to timely serve and file a jury demand and pay the required jury fee constitutes waiver of a civil jury trial.

Questions Presented

1. Whether article I, section 21 of the Washington Constitution prohibits the Supreme Court of Washington from adopting a court rule providing that failure to comply with jury-demand requirements constitutes implied waiver of the right to a civil jury trial.
2. Whether CR 38(d), which provides for waiver of a civil jury trial when a party fails to timely serve and file a demand and pay the jury fee, is constitutional.

Disposition

affirmed