Cases filed in superior court are governed by the Civil Rules. There are 86 civil rules. Although some are more relevant to personal injury actions than others, all or almost all of them eventually come into play.
This is the first entry in a series that discusses each of the Civil Rules and its effect on personal injury litigation.
Being somewhat linear, it made sense to start with Civil Rule 1.
The text of Civil Rule 1 follows:
These rules govern the procedure in the superior court in all suits of a
civil nature whether cognizable as cases at law or in equity with the exceptions
stated in rule 81. They shall be construed and administered to secure the just,
speedy, and inexpensive determination of every action.
Civil Rule 1 is rarely used by itself. More frequently, it is used in conjunction with other rules or sources of authority to “fill in the gaps”. CR 1 is a springboard for “common sense” arguments and it is frequently used in that regard. Where the Civil Rules or other authority do not provide specific guidance, attorneys cite to CR 1 and argue to the court that it justifies the relief they want because it encourages the just, speedy and inexpensive resolution of disputes.
Tomorrow, on to CR 2.