The Washington State Rules of Criminal Procedure establish the framework that courts, prosecutors, defense attorneys, and defendants follow throughout a criminal case. One of the shortest—but most important—rules is CrR 1.3, commonly known as the Effect Rule. Although it contains only a few sentences, it determines when new procedural rules apply and when a court may continue using an older procedure in the interest of justice.
Understanding the CrR 1.3 Effect Rule can help criminal defendants appreciate why procedural changes sometimes affect their cases while, in other situations, courts allow older procedures to remain in place.
What Is CrR 1.3?
CrR 1.3 provides:
“On their effective date these rules apply to any proceedings in court then pending or thereafter commenced regardless of when the proceedings were commenced, except to the extent that in the opinion of the court, the former procedure should continue to be made applicable in a particular case in the interest of justice.”
The rule was originally adopted on July 1, 1973, and most recently amended effective September 1, 2019.
CrR 1.3 Effect Rule Explained
The purpose of CrR 1.3 is to clarify when procedural rule changes take effect.
Generally, once a new criminal court rule becomes effective, it immediately governs:
- Cases already pending in Washington courts.
- Criminal cases filed after the effective date.
- Future proceedings occurring after the rule change.
Unlike criminal statutes, which often address substantive rights and may raise constitutional concerns if applied retroactively, procedural court rules usually apply immediately because they govern how cases are handled rather than what conduct is criminal.
The Court May Preserve the Former Procedure
CrR 1.3 also recognizes that applying a new procedural rule is not always fair.
The rule gives judges discretion to continue using the former procedure when doing so better serves “the interest of justice.”
This flexibility prevents unfairness that might occur if parties relied upon the previous rule while preparing their case.
Why the Rule Matters
Procedural rules affect nearly every stage of a criminal prosecution, including:
- Filing deadlines
- Motion practice
- Discovery obligations
- Court hearings
- Trial procedures
- Appeals
When procedural rules change during an ongoing case, CrR 1.3 provides a roadmap for determining which version applies.
Without this rule, courts could face uncertainty whenever procedural amendments take effect.
Practical Example
Imagine the Washington Supreme Court adopts a new rule changing the deadline for filing pretrial motions.
A criminal case is already pending when the amendment becomes effective.
Under CrR 1.3:
- The new deadline generally applies immediately.
- However, if the defense already relied on the old deadline and changing the rule would unfairly prejudice the defendant, the judge may decide that continuing under the former procedure better serves justice.
This balance promotes both consistency and fairness.
How CrR 1.3 Protects Fairness
The “interest of justice” language is one of the rule’s most important features.
Washington courts strive to ensure that neither the prosecution nor the defense suffers unfair prejudice because procedural rules changed during litigation.
Factors a court may consider include:
- Whether either party relied on the former rule.
- Whether applying the new rule would create unfair surprise.
- Whether changing procedures would delay or disrupt the proceedings.
- Whether applying the new rule would undermine fairness.
Every case depends on its own facts, and judges retain discretion to determine which procedure best serves justice.
CrR 1.3 and Washington Criminal Defense
Although CrR 1.3 is procedural, it can significantly influence the course of a criminal case. Attorneys must remain aware of rule amendments and understand how they interact with pending litigation.
If procedural changes occur while a case is pending, an experienced criminal defense attorney can evaluate whether the new rule applies or whether the court should continue using the former procedure under CrR 1.3.
Key Takeaway
The CrR 1.3 Effect Rule ensures that amendments to Washington’s criminal court rules generally take effect immediately, even in pending cases. At the same time, it preserves judicial discretion to continue using former procedures when fairness requires it. This balance promotes consistency across the court system while protecting the rights of everyone involved.
Contact Blanford Law
If you have questions about Washington criminal procedure or believe a procedural rule may affect your case, contact Blanford Law today.
Email: ken@blanfordlaw.com
Phone: 253-720-9304
Additional Resources
1. Washington Pretrial Diversion: An Alternative to Prosecution
Learn how Washington’s pretrial diversion programs may allow eligible defendants to avoid a criminal conviction by successfully completing court-approved conditions.
https://blanfordlaw.com/washington-pretrial-diversion/
2. Understanding Washington CrR 1.2: Purpose and Construction
Explore how CrR 1.2 establishes the guiding principles behind Washington’s Rules of Criminal Procedure and complements CrR 1.3’s application of those rules.
https://blanfordlaw.com/washington-crr-1-2/
3. State v. Teems: Washington’s Speedy Trial Decision
Read about the Washington Court of Appeals’ analysis of speedy trial rights and how procedural rules can affect criminal prosecutions.
https://blanfordlaw.com/state-v-teems-speedy-trial/
4. Washington Right to Counsel Case Explained
Understand the constitutional right to legal representation in Washington criminal cases and why procedural protections matter from the earliest stages of prosecution.
https://blanfordlaw.com/washington-right-to-counsel-case/
5. Negligent Driving in Washington State
Learn about Washington’s negligent driving laws, common defenses, and what defendants should expect during the criminal court process.
https://blanfordlaw.com/negligent-driving-washington-state/