BP BHEAD INT S [atlas:bill]

AN ACT Relating to district court proceedings; amending RCW 12.40.030, 12.40.040, 12.40.080, 12.40.120, 4.14.010, 12.36.010, 12.36.020, 12.36.030, 12.36.050, 12.36.080, 12.36.090, and 2.24.040; adding a new section to chapter 12.40 RCW; adding a new section to chapter 12.36 RCW; and repealing RCW 12.36.040 and 12.36.070.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 12.40.030 and 1984 c 258 s 60 are each amended to read as follows:

Upon filing of a claim, the court shall set a time for hearing ((of)) on the matter ((~~and cause to be issued~~)). The court shall issue a notice of the claim which shall be served upon the defendant to notify the defendant of the hearing date. A trial need not be held on this first appearance, if dispute resolution services are offered instead of trial, or local practice rules provide that trials will be held on different days.

Sec. 2. RCW 12.40.040 and 1984 c 258 s 61 are each amended to read as follows:

The notice of claim can be served either as provided for the service of summons or complaint and notice in civil actions or by registered or certified mail if a return receipt with the signature of the party being served is filed with the court. No other ((~~paper~~)) legal document or process is to be served with the notice of claim. Information from the court regarding the small claims department, local small claims procedure, dispute resolution services, or other matters related to litigation in the small claims department may be included with the notice of claim when served.

The notice of claim shall be served promptly after filing the claim. Service must be complete at least ten days prior to the first hearing.

The ((~~officer~~)) person serving the notice of claim shall be entitled to receive from the plaintiff, besides mileage, the fee specified in RCW 36.18.040 for such service; which sum, together with the filing fee ((~~named in RCW 12.40.030~~)) set forth in RCW 12.40.020, shall be added to any judgment given for plaintiff.

Sec. 3. RCW 12.40.080 and 1991 c 71 s 2 are each amended to read as follows:

(1) 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~~)) appear or participate with the prosecution or defense of litigation in the small claims department without the consent of the ((~~judge of the district court~~)) judicial officer hearing the case. A corporation ((~~plaintiff~~)) may not be represented by an attorney at law((,)) or legal paraprofessional except as set forth in RCW 12.40.025.

(2) 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~~)) trial. On motion of a party, the court may, at its discretion, allow otherwise admissible witness testimony to be presented in the form of an affidavit, properly executed or attested to be true under penalty of perjury.

(3) 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.

Sec. 4. RCW 12.40.120 and 1988 c 85 s 2 are each amended to read as follows:

No appeal shall be permitted from a judgment of the small claims department of the district court where the amount claimed was less than ((~~one~~)) two hundred fifty dollars. No appeal shall be permitted by a party who requested the exercise of jurisdiction by the small claims department where the amount claimed by that party was less than one thousand dollars. A party in default may seek to have the default judgment set aside according to the court rules applicable to setting aside judgments in district court.

NEW SECTION. Sec. 5. A new section is added to chapter 12.40 RCW to read as follows:

RCW 4.14.010 regarding removal of actions to superior court shall not apply to cases originally filed in small claims court, or transferred to the small claims court pursuant to RCW 12.40.025. No defendant or third party defendant may remove a small claims case from small claims court as a matter of right by merely filing a claim or counterclaim or other request for relief that is beyond the jurisdiction of the small claims court. Claims, counterclaims, or other requests for relief filed by a defendant or third party defendant in excess of the jurisdiction of small claims court may be maintained simultaneously in superior court as a separate action brought by such defendant or third party defendant. Such a superior court action does not affect the jurisdiction of the small claims court to hear the original small claims case. The decision of the small claims court shall have no preclusive effect on a superior court action brought pursuant to this section. If the small claims case is appealed, it shall be automatically joined with any superior court case filed pursuant to this section, and the procedures set forth in section 11 of this act shall not apply.

Nothing in this section may be construed to limit the small claims court from transferring a small claims case to district court or superior court after notice and hearing.

Sec. 6. RCW 4.14.010 and 1967 ex.s. c 46 s 4 are each amended to read as follows:

Whenever the removal of such action to superior court is required in order to acquire jurisdiction over a third party defendant, who is or may be liable to the defendant for all or part of the judgment and resides outside the county wherein the action was commenced, any civil action which could have been brought in superior court may, if commenced in ((~~justice~~)) district court, be removed by the defendant or defendants to the superior court for the county where such action is pending if the district court determines that there are reasonable grounds to believe that a third party may be liable to the plaintiff and issues an order so stating.

Whenever a separate or independent claim or cause of action which would be removable if sued upon alone is joined with one or more otherwise nonremovable claims or causes of action, the entire case may be removed and the superior court may determine all issues therein, or, in its discretion, may remand all matters not otherwise within its original jurisdiction.

This section does not apply to cases originally filed in the small claims department of a district court, or transferred to the small claims department pursuant to RCW 12.40.025, except as set forth in section 5 of this act.

Sec. 7. RCW 12.36.010 and 1979 ex.s. c 136 s 21 are each amended to read as follows:

Any person ((~~considering himself aggrieved by the~~)) wishing to appeal a judgment or decision ((of)) in a ((~~justice of the peace in a civil~~)) small claims action may, in person or by his or her agent ((~~or attorney~~)), appeal ((~~therefrom~~)) to the superior court of the county where the judgment was rendered or decision made: PROVIDED, There shall be no appeal allowed unless the amount in controversy, exclusive of costs, ((~~shall exceed the sum of twenty~~)) exceeds two hundred fifty dollars: PROVIDED FURTHER, That an appeal from the court's determination or order on a traffic infraction proceeding may be taken only in accordance with RCW 46.63.090(5).

Sec. 8. RCW 12.36.020 and 1929 c 58 s 2 are each amended to read as follows:

((Such appeal shall be taken by serving a copy of notice of appeal on the adverse party or his attorney, and filing such notice of appeal with the justice, and, unless such appeal be by a county, city, town or school district, filing a bond or undertaking, as herein provided, within twenty)) (1) To appeal a judgment or decision in a small claims action, an appellant shall file a notice of appeal in the district court, pay the statutory superior court filing fee, and serve a copy of the notice of appeal on all parties of record within thirty days after the judgment is rendered or decision made.

(2) No appeal((~~, except when such appeal is by a county, city, town or school district, shall~~)) may be allowed ((~~in any case~~)), nor proceedings on the judgment or decision stayed, unless a bond or undertaking shall be executed on the part of the appellant and filed with and approved by the ((justice, with one or more sureties, in the sum of one hundred dollars, conditioned that the appellant will pay all costs that may be awarded against him on appeal; or if a stay of proceedings before the justice be claimed, except by a county, city, town or school district, a bond or undertaking,)) district court. The bond or undertaking shall be executed with two or more personal sureties, or a surety company as surety, to be approved by the ((~~justice~~)) district court, in a sum equal to twice the amount of the judgment and costs, or twice the amount in controversy, whichever is greater, conditioned that the appellant will pay ((~~such~~)) any judgment, including costs, as may be rendered ((~~against him~~)) on appeal((~~, be so executed and filed~~)). No bond is required if the appellant is a county, city, town, or school district.

(3) When an appellant has filed a notice of appeal, paid the statutory filing fee, and posted bond as required, the clerk of the district court shall immediately file a copy of the notice of appeal with the superior court.

Sec. 9. RCW 12.36.030 and 1929 c 58 s 3 are each amended to read as follows:

((Upon an appeal being taken and a bond filed to stay all proceedings, the justice shall allow the same and make an entry of such allowance in his docket, and all further proceedings on the judgment before the justice shall thereupon be suspended; and if in the meantime execution shall have been issued, the justice shall give the appellant a certificate that such appeal has been allowed.)) When an appeal and any necessary bond are properly filed in the district court, and the appeal filed in superior court pursuant to RCW 12.36.010, the appellant may move to stay all further proceedings in the district court. If the stay is granted, the district court shall order that all further proceedings on the judgment be suspended. If proceedings have commenced on motion of the appellant the district court may order the proceedings halted and such process recalled.

If any property is held pursuant to such proceedings at the time the stay is granted and the process recalled, such property shall be returned immediately to the party entitled to such property.

Sec. 10. RCW 12.36.050 and 1929 c 58 s 5 are each amended to read as follows:

(1) Within ((~~ten~~)) fourteen days after ((~~the~~)) a small claims appeal has been ((~~taken~~)) filed in ((~~a civil action or proceeding~~)) superior court by the clerk of the district court, the appellant shall file with the clerk of the ((~~superior~~)) district court, and serve on all parties, a designation of that portion of the complete record which the appellant wishes to have transmitted to superior court. The designation may be supplemented by any party within fourteen days of such filing.

(2) The complete record shall consist of a transcript of all entries made in the ((~~justice's~~)) district court docket relating to the case, together with all the process and other papers relating to the case filed with the ((~~justice which~~)) district court and any contemporaneous recording made of the proceeding.

(3) The record as designated shall be made and certified by ((~~such justice~~)) the clerk of the district court to be correct ((~~upon the payment of the fees allowed by law therefor, and upon the filing of such transcript,~~)). The clerk shall notify all parties designating portions of the record that the designated record is complete, and the amount to be paid for preparation of that portion of the record requested by each party. Payment of such costs by each party for preparation of that portion of the record they designate must be made within ten days of such notice from the clerk. Upon payment of such costs, the designated record shall be transmitted to the superior court. By such transmittal the superior court shall become possessed of the cause((, and shall proceed in the same manner, as near as may be, as in actions originally commenced in that court, except as in this chapter otherwise provided. The issue before the justice shall be tried in the superior court without other or new pleadings, unless otherwise directed by the court)).

NEW SECTION. Sec. 11. A new section is added to chapter 12.36 RCW to read as follows:

(1) The appeal from a small claims judgment or decision shall be a trial de novo in superior court. A trial de novo pursuant to this chapter shall be tried as nearly as possible in the manner of the original small claims trial. No jury may be allowed, or attorney or legal paraprofessional involved, without written order of the superior court, unless allowed in the original trial. No new pleadings other than the notice of appeal may be allowed without written permission of the superior court. Each party shall be allowed equal time, but no more than thirty minutes each without permission of the superior court. No new or other evidence, nor new or other testimony may be presented other than at the trial in small claims court, without permission of the superior court.

(2) The superior court judge hearing the trial may consider any contemporaneous recording made of the original small claims trial, and 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. Any judgment or decision granted after such a trial in superior court shall be enforced in superior court as any other judgment of that court.

(3) Any cases heard in superior court pursuant to this section may be heard by a duly appointed commissioner. As used in this chapter "judge" includes any duly appointed commissioner.

Sec. 12. RCW 12.36.080 and 1929 c 58 s 7 are each amended to read as follows:

No appeal ((~~allowed by a justice of the peace~~)) under this chapter shall be dismissed on account of any defect in the bond on appeal, if, within ten days of notice to appellant of such defect, the appellant((~~, before the motion is determined, shall~~)) executes and files in the ((~~superior~~)) district court such bond as ((he)) should have been executed at the time of taking the appeal, and pay all costs that may have accrued by reason of such defect.

Sec. 13. RCW 12.36.090 and 1929 c 58 s 8 are each amended to read as follows:

In all cases of appeal to the superior court under this chapter, if ((~~on the trial anew in such court,~~)) the judgment ((be)) is against the appellant, in whole or in part, such judgment shall be rendered against ((~~him~~)) the appellant and his or her sureties on the bond on appeal.

Sec. 14. RCW 2.24.040 and 1991 c 33 s 6 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((~~, [and]~~)) and for the dissolution of incorporations.

(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 the court commissioner's lawful orders made in any matter before 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.

(14) To hear and determine small claims appeals as provided in chapter 12.36 RCW.

NEW SECTION. Sec. 15. The following acts or parts of acts are each repealed:

(1) RCW 12.36.040 and 1929 c 58 s 4; and

(2) RCW 12.36.070 and 1929 c 58 s 6.