H-0850.1  _______________________________________________

                          HOUSE BILL 1263

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Sheahan, Constantine, McDonald and Kastama

Read first time 01/20/1999.  Referred to Committee on Judiciary.

Regulating process and fees of district and municipal courts.

    AN ACT Relating to district and municipal courts; and amending RCW 3.50.115, 3.54.030, 35.20.110, and 3.62.060.

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

    Sec. 1.  RCW 3.50.115 and 1984 c 258 s 123 are each amended to read as follows:

    The municipal court shall have a seal which shall be the vignette of George Washington, with the words "Seal of The Municipal Court of . . . . . . (name of city), State of Washington," surrounding the vignette.  All process from the court runs throughout the state.  The supreme court may determine by rule what process must be issued under seal.

    Sec. 2.  RCW 3.54.030 and 1992 c 29 s 1 are each amended to read as follows:

    The district court shall have a seal that shall be the vignette of George Washington, with the words "Seal of the . . . . . . District Court of . . . . . . County, State of Washington," surrounding the vignette.  All process from the court ((must be issued under its seal and)) runs throughout the state.  The supreme court may determine by rule what process must be issued under seal.

    Sec. 3.  RCW 35.20.110 and 1965 c 7 s 35.20.110 are each amended to read as follows:

    The municipal court shall have a seal which shall be the vignette of George Washington, with the words "Seal of The Municipal Court of . . . . . . (name of city), State of Washington," surrounding the vignette.  All process from such court ((shall issue under the seal thereof and shall)) runs throughout the state.  The supreme court may determine by rule what process must be issued under seal.

    Sec. 4.  RCW 3.62.060 and 1992 c 62 s 8 are each amended to read as follows:

    Clerks of the district and municipal courts shall collect the following fees for their official services:

    (1) In any civil action commenced before or transferred to a district court, the plaintiff shall, at the time of such commencement or transfer, pay to such court a filing fee of thirty-one dollars plus any surcharge authorized by RCW 7.75.035.  No party shall be compelled to pay to the court any other fees or charges up to and including the rendition of judgment in the action other than those listed.

    (2) For issuing a writ of garnishment or other writ, a fee of six dollars.

    (3) For filing a supplemental proceeding, a fee of twelve dollars.

    (4) For demanding a jury in a civil case, a fee of fifty dollars to be paid by the person demanding a jury.

    (5) For preparing a transcript of a judgment, a fee of six dollars.

    (6) For certifying any document on file or of record in the clerk's office, a fee of five dollars.

    (7) For preparing the record of a case for appeal to superior court, a fee of forty dollars including any costs of tape duplication as governed by the rules of appeal for courts of limited jurisdiction (RALJ).

    (8) For duplication of part or all of the electronic tape or tapes of a proceeding, ten dollars per tape.

(9) For a clerk's special services such as processing ex parte orders by mail, performing historical record searches, compiling statistical reports, and conducting exceptional record searches, a fee not to exceed ten dollars per hour or portion of an hour.

    The fees or charges imposed under this section shall be allowed as court costs whenever a judgment for costs is awarded.

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