S-0190.2  _______________________________________________

                         SENATE BILL 5253

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators McCaslin, Kline, Long, Constantine, Hewitt, Horn, Honeyford and Costa

Read first time 01/17/2001.  Referred to Committee on Judiciary.

Increasing civil jury fees.

    AN ACT Relating to increasing civil jury trial fees; and amending RCW 3.62.060, 12.12.030, and 10.46.190.

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

    Sec. 1.  RCW 3.62.060 and 1992 c 62 s 8 are each amended to read as follows:

    Clerks of the district 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)) one hundred twenty-five 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.

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

    Sec. 2.  RCW 12.12.030 and 1981 c 260 s 3 are each amended to read as follows:

    After the appearance of the defendant, and before the justice ((shall proceed to)) enquires into the merits of the cause, either party may demand a jury to try the action, which jury shall be composed of six good and lawful persons having the qualifications of jurors in the superior court of the same county, unless the parties ((shall)) agree upon a lesser number:  PROVIDED, That the party demanding the jury shall first pay to the justice the sum of one hundred twenty-five dollars, which shall be paid over by the justice to the county, and ((said)) such amount shall be taxed as costs against the losing party.

    Sec. 3.  RCW 10.46.190 and 1977 ex.s. c 248 s 1 are each amended to read as follows:

    Every person convicted of a crime or held to bail to keep the peace shall be liable to all the costs of the proceedings against him or her, including, when tried by a jury in the superior court, a jury fee as provided for in civil actions, and when tried by a jury ((before a committing magistrate,)) in a limited jurisdiction court, a jury fee of one hundred twenty-five dollars ((for jury fee)), for which judgment shall be rendered and collection had as in cases of fines.  The jury fee, when collected for a case tried by the superior court, shall be paid to the clerk, to be ((by him)) applied by the clerk as the jury fee in civil cases is applied.  The jury fee, when collected for a case tried by a limited jurisdiction court, shall be paid to the clerk of the court and is not subject to division under RCW 3.62.020 and 3.62.040.

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