(a) Original jurisdiction. [Reserved. See RCW 2.08.010.]
Rule 77.Superior courts and judicial officers
Group 10: Superior Courts and Clerks · Last amended April 28, 2015 · Last verified July 13, 2026
In one sentenceCR 77 addresses how Washington's superior courts function, deferring most jurisdictional and structural questions to the RCW, while directly setting the rules on when courts are open, where sessions and hearings may be held, motion practice, and deciding matters on briefs.
Full Text of Rule 77
(b) Powers of superior courts.
(1) Powers of court in conduct of judicial proceedings. [Reserved. See RCW 2.28.010.]
(2) Punishment for contempt. [Reserved. See RCW 2.28.020.]
(3) Implied powers. [Reserved. See RCW 2.28.150.]
(c) Powers of judicial officers.
(1) Judges distinguished from court. [Reserved. See RCW 2.28.050.]
(2) Judicial officers defined — When disqualified. [Reserved. See RCW 2.28.030.]
(3) Powers of judicial officers. [Reserved. See RCW 2.28.060.]
(4) Judicial officer may punish for contempt. [Reserved. See RCW 2.28.070.]
(5) Powers of judges of supreme and superior courts. [Reserved. See RCW 2.28.080.]
(6) Powers of inferior judicial officers. [Reserved. See RCW 2.28.090.]
(7) Powers of judge in counties of judge’s district. [Reserved. See RCW 2.08.190.]
(8) Visiting judges.
(A) Assignments.
(i) Visiting judges at direction of Governor. [Reserved. See RCW 2.08.140.]
(ii) Visiting judges at request of judge or judges. [Reserved. See RCW 2.08.140 and 2.08.150.]
(iii) Court administrator — Make recommendations. [Reserved. See RCW 2.56.030(3).]
(iv) Duty of judges to comply with Chief Justice’s direction. [Reserved. See RCW 2.56.040.]
(B) Powers. Whenever a visiting judge has heard or tried any case or matter and has departed from the county, the visiting judge may require the argument or any posttrial motion to be submitted to the visiting judge on briefs at such place within the state as the visiting judge may designate and the visiting judge may sign findings of fact, conclusions of law, judgments and posttrial orders anywhere within the state. See also RCW 2.08.140 and 2.08.150.
(9) Judges pro tempore. [Reserved. See RCW 2.08.180.]
(10) Change of judge. [Reserved. See RCW 4.12.040 and 4.12.050.]
(11) Court may fix amount of bond in civil actions. [Reserved. See RCW 4.44.470.]
(d) Superior courts always open. The superior courts are courts of record, and shall be always open, except on nonjudicial days.
(e) No court on legal holidays — Exceptions. [Reserved. See RCW 2.28.100.]
(f) Sessions. The superior court shall hold regular and special sessions at the county seats of the several counties at such times as the judges may determine and at such other places within the county as are designated by the judge or judges thereof with the approval of the chief justice of the supreme court of this state and of the governing body of the county. Special sessions, i.e., mental illness hearings, juvenile hearings, and proceedings which are authorized to be held before a court commissioner may be held at such times and places as the judges may authorize.
(g) Adjournments.
(1) Power. [Reserved. See RCW 2.28.120.]
(2) Automatic. [Reserved. See RCW 2.28.110.]
(3) Effect. [Reserved. See RCW 2.08.040.]
(h) [Reserved.]
(i) Sessions where more than one judge sits — Effect of decrees, orders, etc. [Reserved. See RCW 2.08.160.]
(j) Trials and hearings; orders in chambers. Except as otherwise authorized by these rules or by statute, all trials upon the merits shall be conducted in open court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the county; but no hearing, other than one ex parte, shall be conducted outside the county in which the cause or proceedings are pending without the consent of all parties affected thereby.
(k) Motion day — Local rules. Unless local conditions make it impracticable, the superior court in each county shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the judge at any time or place and on such notice, if any, as the judge considers reasonable may make orders for the advancement, conduct, and hearing of actions.
(l) Submission on briefs. To expedite its business, the court may make provision by rule or order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition.
(n) Seal of court. [Reserved. See RCW 2.08.050.]
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.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the
Supreme Court of Washington. Last verified July 13, 2026. ·
Official source
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