H-0545.1 _______________________________________________
HOUSE BILL 1190
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives Appelwick, Paris and Padden.
Read first time January 23, 1991. Referred to Committee on Judiciary.
AN ACT Relating to courts; amending RCW 4.84.130, 4.84.250, 3.66.020, and 2.08.010; adding a new section to chapter 3.66 RCW; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 4.84.130 and 1987 c 202 s 122 are each amended to read as follows:
In all
civil actions tried before the district court, in which an appeal ((shall be))
is taken to the superior court, and the ((party)) appellant ((shall))
does not recover a more favorable judgment in the superior court than
before the district court, ((such)) the appellant shall pay all
costs and reasonable attorneys' fees.
Sec. 2. RCW 4.84.250 and 1984 c 258 s 88 are each amended to read as follows:
Notwithstanding
any other provisions of chapter 4.84 RCW and RCW 12.20.060, in ((any)) an
action for damages where the amount pleaded by the prevailing party ((as
hereinafter defined)) is, exclusive of costs, ((is seven)) twenty-five
thousand ((five hundred)) dollars or less, there shall be taxed and
allowed to the prevailing party as a part of the costs of the action a
reasonable amount to be fixed by the court as attorneys' fees. ((After July
1, 1985, the maximum amount of the pleading under this section shall be ten
thousand dollars.))
Sec. 3. RCW 3.66.020 and 1984 c 258 s 41 are each amended to read as follows:
The district court shall have jurisdiction and cognizance of the following civil actions and proceedings if the value of the claim or the amount at issue does not exceed twenty-five thousand dollars, exclusive of interest, costs, and attorneys' fees:
(1) ((Of
an)) Actions arising on contract for the recovery of money
only ((in which the sum claimed does not exceed seven thousand five hundred
dollars));
(2) ((Of
an)) Actions for damages for injuries to the person, or for
taking or detaining personal property, or for injuring personal property, or
for an injury to real property when no issue raised by the answer involves the
plaintiff's title to or possession of the same((, when the amount of damages
claimed does not exceed seven thousand five hundred dollars; also of));
(3)
Actions to recover the possession of personal property ((when the value
of such property as alleged in the complaint, does not exceed seven thousand
five hundred dollars));
(((3)
Of an)) (4) Actions for a penalty ((not exceeding seven
thousand five hundred dollars));
(((4)
Of an)) (5) Actions upon a bond conditioned for the payment
of money, ((when the amount claimed does not exceed seven thousand five
hundred dollars,)) though the penalty of the bond exceeds ((that sum))
the count's jurisdictional limit, the judgment to be given for the sum
actually due, not exceeding the amount claimed in the complaint;
(((5)
Of an)) (6) Actions on an undertaking or surety bond taken by
the court((, when the amount claimed does not exceed seven thousand five hundred
dollars));
(((6)
Of an)) (7) Actions for damages for fraud in the sale,
purchase, or exchange of personal property((, when the damages claimed do
not exceed seven thousand five hundred dollars));
(((7)))
(8) Proceedings to take and enter judgment on confession of a
defendant((, when the amount of the judgment confessed does not exceed seven
thousand five hundred dollars));
(((8)))
(9) Proceedings to issue writs of attachment, garnishment, and
replevin upon goods, chattels, moneys, and effects((, when the amount does
not exceed seven thousand five hundred dollars)); and
(((9)
Of)) (10) All other actions and proceedings of which jurisdiction is
specially conferred by statute((, when the amount involved does not exceed
seven thousand five hundred dollars)) and the title to, or right of
possession of, or a lien upon real property is not involved.
((The
seven thousand five hundred dollar amounts provided in subsections (1) through
(9) of this section shall remain in effect until June 30, 1985; effective July
1, 1985, such amount shall be increased to ten thousand dollars.
The
amounts of money referred to in this section shall be exclusive of interest,
costs and attorney's fees.))
Sec. 4. RCW 2.08.010 and 1955 c 38 s 3 are each amended to read as follows:
The
superior court shall have original jurisdiction ((in all cases in equity,
and)) in all cases at law which involve the title or possession of real
property, or the legality of any tax, impost, assessment, toll or municipal
fine, and in all other cases in which the demand or the value of the property
in controversy amounts to ((three hundred)) twenty-five thousand
dollars, and in all criminal cases amounting to felony, and in all cases of
misdemeanor not otherwise provided for by law; of actions of forcible entry and
detainer; of proceedings in insolvency; of actions to prevent or abate a
nuisance; of all matters of probate, of divorce and for annulment of marriage,
and for such special cases and proceedings as are not otherwise provided for;
and shall also have original jurisdiction in all cases and of all proceedings in
which jurisdiction shall not have been by law vested exclusively in some other
court, and shall have the power of naturalization and to issue papers
therefor. Said courts and their judges shall have power to issue writs of
mandamus, quo warranto, review, certiorari, prohibition and writs of habeas
corpus on petition by or on behalf of any person in actual custody in their
respective counties. Injunctions and writs of prohibition and of habeas corpus
may be issued on legal holidays and nonjudicial days.
NEW SECTION. Sec. 5. A new section is added to chapter 3.66 RCW to read as follows:
The state bar association, superior court judge's association, and the district and municipal court judge's association shall review the civil jurisdictional limits of the district courts and make their recommendations, if any, to the legislature each biennium beginning December 15, 1992, regarding the increase of the jurisdictional limits.
NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.