Generally — Pending actions. These rules and amendments promulgated pursuant to authority granted to the Supreme Court shall govern all proceedings in actions after they take effect, and also all further proceedings in actions pending on their effective dates, except to the extent that in the opinion of the superior court, expressed by its order, the application of rules in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the procedure existing at the time the action was brought applies. [CF prior RPPP Rule 86. Adopted May 5, 1967, effective July 1, 1967.]
Rule 86.Effective dates
Group 11: General Provisions · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 86 makes the Civil Rules and later amendments govern every proceeding after they take effect, including further steps in pending cases, unless the court finds by order that applying a new rule to a pending action would be infeasible or unjust, and applies the older procedure instead.
Full Text of Rule 86
Plain-English Summary
Rule 86 states the general rule that new Civil Rules and amendments govern every proceeding in an action after they take effect, and also govern further proceedings in actions already pending on that effective date. A party cannot assume a lawsuit already underway stays under the older procedure once a new rule or amendment takes effect.
The rule then supplies a case-by-case exception: if applying a new rule to a particular pending action would not be feasible or would work injustice, the superior court may say so by its own order, and the procedure that existed when that action was originally brought applies instead. The bracketed note tying the rule to a prior Rules of Pleading, Practice and Procedure provision marks its origin without changing what the current rule does.
Frequently Asked Questions
Does a new amendment to the Civil Rules apply to a lawsuit already in progress?
Yes, generally. Rule 86 states that amendments govern further proceedings in actions pending on their effective date.
Can a court decline to apply a new rule to a pending case?
Yes. If the court finds, by its own order, that applying the new rule to that action would not be feasible or would work injustice, the procedure that existed when the action was brought applies instead.
Who decides whether applying a new rule to a pending case would work injustice?
The superior court, expressed through its own order in that action.
What procedure applies if a court exempts a pending case from a new rule under Rule 86?
The procedure that existed at the time the action was originally brought.
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
Also known as: effective date of washington civil rulesCR 86applying a new rule to a pending case washingtondo amended rules apply to pending lawsuits