H-1473.1 _______________________________________________
HOUSE BILL 1824
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representative Appelwick.
Read first time February 11, 1991. Referred to Committee on Judiciary.
AN ACT Relating to district court jurisdiction; amending RCW 3.66.020, 10.14.150, 60.10.020, 60.11.060, 4.24.130, and 2.24.040; and providing a contingent effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 3.66.020 and 1984 c 258 s 41 are each amended to read as follows:
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, the district court shall have jurisdiction and cognizance of the following civil actions and proceedings:
(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)) and
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)) Actions for a penalty ((not exceeding seven thousand
five hundred dollars));
(4) ((Of
an)) Actions upon a bond conditioned for the payment of
money, when the amount claimed does not exceed ((seven)) twenty-five
thousand ((five hundred)) dollars, though the penalty of the bond
exceeds that sum, the judgment to be given for the sum actually due, not
exceeding the amount claimed in the complaint;
(5) ((Of
an)) 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)) 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) 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) 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))
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. 2. RCW 10.14.150 and 1987 c 280 s 15 are each amended to read as follows:
The ((superior))
district courts shall have jurisdiction and cognizance of any civil
actions and proceedings brought under this chapter. The municipal and district
courts shall have jurisdiction and cognizance of any criminal actions brought
under RCW 10.14.120 and 10.14.170.
Sec. 3. RCW 60.10.020 and 1969 c 82 s 3 are each amended to read as follows:
Any
lien upon personal property, excluded by RCW 62A.9-104 from the provisions of
the Uniform Commercial Code (Title 62A RCW), may be foreclosed by: (1) An
action in the district court having jurisdiction in the district in which the
property is situated in accordance with RCW 61.12.162, if the value of the
claim does not exceed the jurisdictional limit of the district court provided
in RCW 3.66.020; or (2) an action in the superior court having jurisdiction
in the county in which the property is situated in accordance with RCW
61.12.162, ((or it may be foreclosed by)) if the value of the claim
exceeds the jurisdictional limit of the district court provided in RCW
3.66.020; or (3) summary procedure as provided in this chapter.
Sec. 4. RCW 60.11.060 and 1986 c 242 s 6 are each amended to read as follows:
Any
lien subject to this chapter, excluded by RCW 62A.9-104 from the provisions of
the Uniform Commercial Code, Title 62A RCW, may be foreclosed by: (1) An
action in the district court having jurisdiction in the district in which the
real property on which the crop in question was grown is situated in accordance
with RCW 60.11.070, if the value of the claim does not exceed the
jurisdictional limit of the district court provided in RCW 3.66.020; or (2)
an action in the superior court having jurisdiction in the county in which the
real property on which the crop in question was grown is situated in accordance
with RCW 60.11.070 ((or it may be foreclosed by)), if the value of
the claim exceeds the jurisdictional limit of the district court provided in
RCW 3.66.020; or (3) summary procedure as provided in RCW 60.11.080.
Sec. 5. RCW 4.24.130 and Code of 1881 s 635 are each amended to read as follows:
Any
person desiring a change of his or her name or that of his or her
child or ward, may apply therefor to the ((superior)) district
court of the ((county)) judicial district in which he or she
resides, by petition setting forth the reasons for such change; thereupon such
court in its discretion may order a change of the name and thenceforth the new
name shall be in place of the former.
Sec. 6. RCW 2.24.040 and 1979 ex.s. c 54 s 2 are each amended to read as follows:
Such court commissioner shall have power, authority, and jurisdiction, concurrent with the superior court and the judge thereof, in the following particulars:
(1) To hear and determine all matters in probate, to make and issue all proper orders therein, and to issue citations in all cases where same are authorized by the probate statutes of this state.
(2) To grant and enter defaults and enter judgment thereon.
(3) To issue temporary restraining orders and temporary injunctions, and to fix and approve bonds thereon.
(4) To act as referee in all matters and actions referred to him or her by the superior court as such, with all the powers now conferred upon referees by law.
(5) To hear and determine all proceedings supplemental to execution, with all the powers conferred upon the judge of the superior court in such matters.
(6) To
hear and determine all petitions for the adoption of children, for the
dissolution of incorporations((, and to change the name of any person)).
(7) To hear and determine all applications for the commitment of any person to the hospital for the insane, with all the powers of the superior court in such matters: PROVIDED, That in cases where a jury is demanded, same shall be referred to the superior court for trial.
(8) To hear and determine all complaints for the commitments of minors with all powers conferred upon the superior court in such matters.
(9) To hear and determine ex parte and uncontested civil matters of any nature.
(10)
To grant adjournments, administer oaths, preserve order, compel attendance of
witnesses, and to punish for contempts in the refusal to obey or the neglect of
((his)) the court commissioner's lawful orders made in any matter
before ((him)) the court commissioner as fully as the judge of
the superior court.
(11) To take acknowledgments and proofs of deeds, mortgages and all other instruments requiring acknowledgment under the laws of this state, and to take affidavits and depositions in all cases.
(12) To provide an official seal, upon which shall be engraved the words "Court Commissioner," and the name of the county for which he or she may be appointed, and to authenticate his official acts therewith in all cases where same is necessary.
(13) To charge and collect, for his or her own use, the same fees for the official performance of official acts mentioned in subsections (4) and (11) of this section as are provided by law for referees and notaries public.
NEW SECTION. Sec. 7. This act shall take effect July 1, 1992, if the proposed amendment to Article IV, section 6 of the state Constitution (H-1330.1/91) allowing the legislature to determine certain aspects of superior court jurisdiction is validly submitted to and is approved and ratified by the voters at the next general election held. If the proposed amendment is not so approved and ratified, this act is null and void in its entirety.