Washington State

House of Representatives

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BILL

ANALYSIS

Judiciary Committee

SSB 5135

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to judicial proceedings and forms.

Brief Description: Concerning judicial proceedings and forms.

Sponsors: Senate Committee on Law & Justice (originally sponsored by Senators Pearson, Kline and Padden).

Brief Summary of Substitute Bill

  • Removes a requirement that the county clerk notify the county auditor of each jury summons that is returned by the post office as undeliverable.

  • Requires that each judicial proceeding under the Trust and Estate Dispute Resolution Act (TEDRA) be commenced as a new action.

Hearing Date: 3/19/13

Staff: Cece Clynch (786-7195).

Background:

Jury Summonses.

A "jury source list" is a list of all registered voters for any county, merged with a list of licensed drivers and identicard holders who reside in the county. A "master jury list" is the list of prospective jurors from which jurors summoned to serve will be randomly selected. This master jury list is either randomly selected from the jury source list or may be an exact duplicate of the jury source list. Generally, summonses for jury duty are issued by the county clerk via mail. The county clerk is required to notify the county auditor of each summons for jury duty that is returned by the postal service as undeliverable.

Trust and Estate Dispute Resolution Act (TEDRA).

When conflicts arise in trust and estate matters, the Trust and Estate Dispute Resolution Act (TEDRA) provides procedures for resolution. These include nonjudicial methods to resolve the issue, such as mediation, arbitration, and agreement. If nonjudicial methods are unsuccessful at resolving the matter, there are provisions for judicial resolution.

A proceeding under TEDRA may be commenced as a new action or as an action incidental to an existing judicial proceeding relating to the same trust or estate or nonprobate asset. Once commenced, the action may, upon motion of the party or the court, be converted to a separate action or consolidated with an existing proceeding.

Summary of Bill:

Jury Summonses.

The provision requiring the county clerk to notify the county auditor of each returned jury summons is stricken.

Trust and Estate Dispute Resolution Act (TEDRA).

A judicial proceeding under TEDRA must be commenced as a new action.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.