S-0237.2/91 2nd - _______________________________________________
SENATE BILL 5027
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Senators Nelson, Rasmussen and Thorsness.
Read first time January 16, 1991. Referred to Committee on Law & Justice.
AN ACT Relating to jurisdiction of small claims departments; and amending RCW 12.40.010 and 12.40.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 12.40.010 and 1988 c 85 s 1 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 ((two)) five thousand dollars.
Sec. 2. RCW 12.40.080 and 1984 c 258 s 65 are each amended to read as follows:
No
attorney at law, legal paraprofessional, nor any person other than the
plaintiff and defendant, shall concern himself or herself or in any manner
interfere with the prosecution or defense of litigation in the small claims
department without the consent of the judge of the district court. ((If))
A corporation plaintiff ((is)) may not be represented by
an attorney at law, or legal paraprofessional((, the judge shall at the request
of the defendant transfer the case to the regular civil docket)). In the
small claims department it shall not be necessary to summon witnesses, but the
plaintiff and defendant in any claim shall have the privilege of offering
evidence in their behalf by witnesses appearing at such hearing, and the judge
may informally consult witnesses or otherwise investigate the controversy
between the parties, and give judgment or make such orders as the judge may
deem to be right, just and equitable for the disposition of the controversy.