WSR 04-15-028

RULES OF COURT

STATE SUPREME COURT


[ July 8, 2004 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CRLJ 14A(b) AND RALJ 1.1 )

)

)

 ORDER

NO. 25700-A-792

     The District and Municipal Court Judges' Association having recommended the adoption of the proposed amendments to CRLJ 14A(b) and RALJ 1.1, and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;

     Now, therefore, it is hereby

     ORDERED:

     (a) That the amendments as attached hereto are adopted.

     (b) That the amendments will be published in the Washington Reports and will become effective on September 1, 2004.

     DATED at Olympia, Washington this 8th day of July 2004.
     Alexander, C. J.
     Johnson, J.

      Bridge, J.
     Madsen, J.

      Chambers, J.
     Sanders, J.

      Owens, J.
     Ireland, J.

      Fairhurst, J.


Suggested Change


CRLJ 14A (b). REMOVAL TO SUPERIOR COURT


     (a) [No change.]

     (b) Claims in Excess of Jurisdiction - Generally. When a defendant, third party defendant, or cross claimant any party in good faith asserts a claim in an amount in excess of the jurisdiction of the district court or seeks a remedy beyond the jurisdiction of the district court, the district court shall order the entire case removed to superior court.

     (c) - (e) [Unchanged.]


RULES FOR APPEAL OF DECISIONS OF COURTS OF LIMITED JURISDICTION (RALJ)


RULE 1.1 SCOPE OF RULES


     (a) Proceedings Subject to Rules. These rules establish the procedure, called appeal, for review by the superior court of a final decision of a court of limited jurisdiction, subject to the restrictions defined in this rule. These rules apply only to review of (1) district courts operating under RCW 3.30; (2) municipal departments operating under RCW 3.46; (3) alternative municipal courts operating under RCW 3.50 in municipalities exceeding 5,000 in population; (4) municipal courts operating under RCW 35.20; (5) all other courts operating under RCW Title 35 or 35A in municipalities exceeding 5,000 in population; and (6) any other court required by law to have a lawyer judge. These rules do not apply to review of other courts of limited jurisdiction, do not apply to review of a small claims court operating under RCW 12.40, and do not apply to review of a decision of a judge who is not admitted to the practice of law in Washington. These rules do not supersede the procedure for seeking de novo review when these rules do not apply. These rules do not apply to and do not supersede the procedure for seeking de novo review on the record of other decisions of a court of limited jurisdiction.

     (b) These rules do not apply to the de novo review of a decision of a judge who is not admitted to the practice of law in Washington and do not apply to the de novo review on the record of a decision of a small claims court operating under RCW 12.40. The procedures for review of these decisions are set forth in CRLJ 73 and 75.

     (b) (c) [Unchanged.]

     (c) (d) [Unchanged.]

     (d) (e) [Unchanged.]

     (e) (f) [Unchanged.]

     (f) (g) [Unchanged.]

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.

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