Proposed amendments to CR 26 and 45 were adopted, effective January 12, 2010. The change to CR 26 includes a new subsection that is “functionally identical” to the federal claw back rule in Fed.R.Civ.P. 26(b)(5)(B). The change to CR 45 includes a new provision that would also incorporate the claw back agreement expressly into the procedures for subpoenas. Rule 502 to the Washington Rules of Evidence (ER) was adopted effective September 1, 2010. ER 502 is based closely on Federal Rule of Evidence 502.
CR 26, CR 45, Proposed Rule: ER 502.