5151 AMS ROAC S1674.1

SB 5151 - S AMD - 020

By Senators Roach and Fairley

                                                 WITHDRAWN 2/19/97

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 3.66.020 and 1991 c 33 s 1 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 subject to the provisions of section 2 of this act:

    (1) Actions arising on contract for the recovery of money;

    (2) 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 and actions to recover the possession of personal property;

    (3) Actions for a penalty;

    (4) Actions upon a bond conditioned for the payment of money, when the amount claimed does not exceed twenty-five thousand 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) Actions on an undertaking or surety bond taken by the court;

    (6) Actions for damages for fraud in the sale, purchase, or exchange of personal property;

    (7) Proceedings to take and enter judgment on confession of a defendant;

    (8) Proceedings to issue writs of attachment, garnishment and replevin upon goods, chattels, moneys, and effects; and

    (9) All other actions and proceedings of which jurisdiction is specially conferred by statute, when the title to, or right of possession of real property is not involved.

NEW SECTION. Sec. 2.  A new section is added to chapter 3.66 RCW to read as follows:

    The district court shall exercise concurrent jurisdiction with the superior court in all actions and proceedings set forth in RCW 3.66.020 where the value of the claim or the amount at issue does not exceed thirty-five thousand dollars, exclusive of interest, costs, and attorneys' fees.  Upon joint agreement of the superior and district courts in a county, the district court may exercise concurrent jurisdiction with the superior court in all actions and proceedings set forth in RCW 3.66.020 where the value of the claim exceeds thirty-five thousand dollars but does not exceed fifty thousand dollars, exclusive of interest, costs, and attorneys' fees if the district court has agreed to exercise such additional jurisdiction."

SB 5151 - S AMD - 020

By Senators Roach and Fairley

                                                 WITHDRAWN 2/19/97

    On page 1, line 1 of the title, after "courts;" strike the remainder of the title and insert "amending RCW 3.66.020; and adding a new section to chapter 3.66 RCW."

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