FINAL BILL REPORT

SSB 5241

C 45 L 01

Synopsis as Enacted

Brief Description:  Changing provisions relating to venue.

Sponsors:  Senate Committee on Judiciary (originally sponsored by Senators Johnson, Constantine, Sheahan, Kline, Costa, Zarelli and Roach).

Senate Committee on Judiciary

House Committee on Judiciary

Background:  Currently, a lawsuit seeking damages for injuries to person or property from a motor vehicle accident can be filed either in the county or district where the injury occurred or in the county or district where the defendant resides.  However, a lawsuit involving injury to person or property resulting from a cause other than a motor vehicle accident can only be filed where the defendant resides.  The action cannot be filed where the injury occurred.

There is no venue provision specifically addressing where to file civil actions regarding unlawful issuance of checks or drafts in district court.  In superior court, the civil venue statute provides that an action regarding unlawful issuance of checks or drafts can be brought either where the defendant resides or where the check was issued or presented as payment.

Summary:  In both district and superior courts, a lawsuit involving a claim for injuries to a person or property can be brought either where the injury occurred or where the defendant resides.  The location of filing the lawsuit does not change based upon the cause of the claimed injury.

In district court, a civil action regarding unlawful issuance of checks or drafts may be brought either where the defendant resides or where the check was issued or presented as payment.

Votes on Final Passage:

Senate460

House     91 0

Effective:  July 22, 2001