CERTIFICATION OF ENROLLMENT

                  SUBSTITUTE SENATE BILL 5027

                    Chapter 71, Laws of 1991

                        52nd Legislature

                      1991 Regular Session

        SMALL CLAIMS COURT‑-JURISDICTION AND APPEARANCES

                    EFFECTIVE DATE:  7/28/91

Passed by the Senate February 11, 1991

  Yeas 40   Nays 2

           JOEL PRITCHARD          

President of the Senate

Passed by the House April 18, 1991

  Yeas 97   Nays 0

              JOE KING             

Speaker of the

       House of Representatives

Approved May 3, 1991

           BOOTH GARDNER           

Governor of the State of Washington

CERTIFICATE

I, Gordon Golob, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5027 as passed by the Senate and the House of Representatives on the dates hereon set forth.

           GORDON A. GOLOB            Secretary

                                     FILED         

                  May 3, 1991 - 10:07 a.m.

                        Secretary of State   

                       State of Washington

                  _______________________________________________

                            SUBSTITUTE SENATE BILL 5027

                  _______________________________________________

                     Passed Legislature - 1991 Regular Session

State of Washington              52nd Legislature             1991 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Nelson, Rasmussen and Thorsness).

Read first time January 30, 1991.Raising the jurisdictional limit for small claims departments.

     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 thousand five hundred 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.

     Passed the Senate February 11, 1991.

     Passed the House April 18, 1991.

Approved by the Governor May 3, 1991.

     Filed in Office of Secretary of State May 3, 1991.