Rule 77.Superior courts and judicial officers
Group 10: Superior Courts and Clerks · Last amended April 28, 2015 · Last verified July 13, 2026
Full Text of Rule 77
Amendment History
Prior: 77(h) and 77(k), RPPP 77.24W and 78.04W. Adopted May 5, 1967, amended June 28, 1967, effective July 1, 1967; amended, adopted May 8, 1978, effective May 24, 1978; amended June 4, 1992, effective Sept. 1, 1992; adopted June 12, 2003, effective Sept. 1, 2003; amended, effective April 28, 2015.
Plain-English Summary
Much of CR 77 is a set of statutory cross-references rather than rule text: original jurisdiction, the general and contempt powers of the superior courts, the powers and qualifications of judicial officers, judges pro tempore, change of judge, bond amounts, legal holidays, and the seal of the court are all left to the corresponding RCW chapters. The rule does not restate that substance, and this commentary does not attempt to summarize the statutes it points to.
Where CR 77 does supply its own content, several practical rules emerge. Superior courts are courts of record and are always open except on nonjudicial days. Regular and special sessions are held at county seats at times the judges set, and at other places within the county only with the approval of both the chief justice of the state supreme court and the county's governing body — though special sessions such as mental illness hearings, juvenile hearings, and matters that can be heard before a court commissioner have more flexibility in timing and location. Trials on the merits must be conducted in open court, in a regular courtroom where convenient, while other acts or proceedings may be handled by a judge in chambers, without the clerk or other court staff present, anywhere in or out of the county — except that a hearing other than an ex parte one cannot be held outside the county without the consent of the affected parties.
Each county is also expected to set regular times and places for hearing motions that require notice, though a judge retains discretion to hear a matter at another time or place on whatever notice seems reasonable. To speed things along, the court may allow a motion to be submitted and decided on written briefs instead of oral argument. Rule 77 also cross-references Rule 16 on stipulations, and separately addresses visiting judges: once a visiting judge who has heard or tried a matter has left the county, that judge may still require briefing at a place of the judge's choosing and may sign findings, conclusions, judgments, and posttrial orders from anywhere in the state.
Frequently Asked Questions
Is a Washington superior court always open?
Yes, as a court of record it is always open except on nonjudicial days.
Where besides the courtroom can a judge handle a matter?
Trials on the merits belong in open court, ordinarily in a regular courtroom, but other acts or proceedings may be conducted by a judge in chambers, anywhere in or out of the county.
Can a hearing be held outside the county where the case is pending?
A hearing other than an ex parte one may not be held outside the county without the consent of the parties affected by it.
Does CR 77 define the superior court's jurisdiction?
No. Original jurisdiction and the general and contempt powers of the superior courts are reserved to the corresponding RCW chapters rather than spelled out in the rule.
Can a motion be decided without oral argument?
Yes. The rule lets the court provide for submission and determination of motions on written briefs to expedite business.
What happens once a visiting judge leaves the county after hearing a case?
The visiting judge may still require briefs to be submitted at a place of the judge's choosing, and may sign findings of fact, conclusions of law, judgments, and posttrial orders anywhere within the state.