S-4335               _______________________________________________

                                                   SENATE BILL NO. 6699

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Moore, Johnson, Warnke, von Reichbauer and Bauer

Read first time 1/22/90 and referred to Committee on  Law & Justice.

AN ACT Relating to motions for preference; and adding a new section to chapter 4.44 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 4.44 RCW to read as follows:

          (1) A civil case shall be entitled to preference upon the motion of any party to such action who has reached the age of seventy years, unless the court finds that the party does not have a substantial interest in the case as a whole.

          (2) Unless the court otherwise orders, notice of a motion for preference shall be served on all parties to the action:

          (a) With the notice of trial when the notice is served by the party making the motion for preference;

          (b) Ten days after service of the notice of trial when the notice is served by any other party; or

          (c) Any time during the pendency of the action upon application of a party who reaches the age of seventy years.

          (3) The court may grant a motion for preference when served with the notice of trial and accompanied by clear and convincing medical documentation which concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and which satisfies the court that the interests of justice will be served by granting the preference.

          (4) Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference when served with the notice of trial and accompanied by a showing of cause that satisfies the court that the interests of justice will be served by granting the preference.

          (5) Upon the granting of a motion for preference:

          (a) The clerk shall set the case for trial not more than one hundred twenty days from the date the motion is granted;

          (b) There shall be no continuance beyond one hundred twenty days except for physical disability of a party or a party's attorney, or upon a showing of good cause stated in the record; and

          (c) No continuance shall be for more than fifteen days, nor shall more than one continuance be granted.