S-1041               _______________________________________________

                                                   SENATE BILL NO. 3496

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Goltz and McCaslin

Read first time 1/31/85 and referred to Committee on Judiciary.

AN ACT Relating to the small claims department; amending RCW 12.40.010 and 12.40.040; and adding new sections to chapter 12.40 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 12.40 RCW to read as follows:

          (1) The court may award as costs to the prevailing party compensation for wages foregone in bringing or defending the action.  Compensation shall consist of:

          (a) An award not exceeding twenty-five dollars, based on the state minimum wage; or

          (b) An award not exceeding one hundred dollars, based on a higher actual hourly rate at the discretion of, and upon verification by, the court.

          (2) This section does not apply to an attorney or a legal paraprofessional representing a corporation.

NEW SECTION. Sec. 2.  A new section is added to chapter 12.40 RCW to read as follows:

          (1) A continuance shall be granted by the small claims department before or during a hearing only upon the motion of a party for good cause shown.

          (2) Continuances shall be as short-termed as possible and shall not in any case exceed thirty days.

          (3) The clerk shall notify the nonmoving party of continuances granted prior to a scheduled hearing.

          (4) The hearing shall be rescheduled at a time and date as convenient to the nonmoving party as possible.

        Sec. 3.  Section 1, chapter 187, Laws of 1919 as last amended by section 57, chapter 258, Laws of 1984 and RCW 12.40.010 are each amended to read as follows:

          In every district court there shall be created and organized by the court a department to be known as the "small claims department of the district court".  The small claims department shall have jurisdiction, but not exclusive, in cases for the recovery of money only if the amount claimed does not exceed one thousand dollars.

The small claims department shall be open for the filing of claims and the adjudication of controversies at announced times during regular working hours and during at least one evening a month and one Saturday morning a month.  Alternatively, the department shall insure that it remains open for such purposes at such hours and days as will enable litigants to conveniently utilize it.

        Sec. 4.  Section 4, chapter 187, Laws of 1919 as last amended by section 61, chapter 258, Laws of 1984 and RCW 12.40.040 are each amended to read as follows:

          The notice of claim can be served either as provided for the service of summons or complaint and notice in civil actions or by registered or certified mail if a return receipt with the signature of the party being served is filed with the court.  No other paper is to be served with the notice.  The officer serving the notice shall be entitled to receive from the plaintiff, besides mileage, the fee specified in RCW 36.18.040 for such service; which sum, together with the filing fee named in RCW ((12.40.030)) 12.40.020 and wage compensation under section 1 of this 1985 act, shall be added to any judgment given for plaintiff.