FINAL BILL REPORT

SHB 1675

C 406 L 03

Synopsis as Enacted

Brief Description: Updating civil trial provisions.

Sponsors: By House Committee on Judiciary (originally sponsored by Representatives Moeller, McMahan and Kirby).

House Committee on Judiciary

Senate Committee on Judiciary

Background:

A chapter of Washington law deals with procedures for civil trials. Many of the provisions in this chapter have not been amended in more than 100 years. Many of the provisions have parallels or complements in the court rules. The sections in this chapter cover subjects such as notice of trial, impaneling juries, peremptory challenges, jury deliberations, and verdicts.

Summary:

Various sections of the chapter in Washington law dealing with civil trial procedures are amended. Changes are made to update sections in light of modern court rules and courtroom practices. Some provisions are consolidated. Some provisions are amended to replace or remove ambiguous or archaic language. Grammatical corrections are made and gender specific references are eliminated.

Examples of the changes include:

•          An 1893 statute is amended to require a party to give the court clerk at least five days (instead of three days) notice before the day when scheduling is to be done that will set a trial date for the cause of action. This change is consistent with current court rules.

•          A provision dealing with impaneling juries is clarified to make it explicit that selection of jurors "at random" applies only to selection of a panel of jurors from persons summoned for jury duty, and not to the selection from that panel of individual jurors who will hear the case.

•          An 1881 statute dealing with peremptory challenges of prospective jurors is amended. A limitation on challenges that apparently applies only to plaintiffs is made applicable to any party in a case. Other changes are made to accommodate differing practices among courts regarding the number of potential jurors that are considered at any one time for jury selection by the parties and that are therefore subject to peremptory challenges at any one time.

•          An 1881 statute dealing with challenges during jury selection is amended to reflect modern court reporter practices regarding record keeping.

•          An 1881 statute is amended to remove the apparent authority (or duty) of a judge to deprive a jury of food and drink ("except water") during its deliberations.

Votes on Final Passage:

House 96  0

Senate 48  1

Effective: July 27, 2003