SENATE BILL REPORT

SB 5018

BYSenators Halsan, Talmadge and Newhouse; by request of Statute Law Committee

Revising statutes superseded by court rule.

Senate Committee on Judiciary

Senate Hearing Date(s):January 13, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Moore, Nelson, Newhouse.

Senate Staff:Jon Carlson (786-7459)

                  January 13, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, JANUARY 13, 1987

BACKGROUND:

In September, 1984, a number of changes were made in the Justice Court Civil Rules (JCR), which establish procedures for civil cases in district courts.  There are a number of provisions remaining in Title 12 RCW (which is entitled District Courts-- Civil Procedure) that have been superseded or modified by these rules.  In addition, much of the terminology used in Title 12 is outdated, primarily as a result of changes made by the Court Improvement Act of 1984.  These archaic provisions and outdated terminology cause confusion for attorneys practicing in these courts.

SUMMARY:

A number of provisions in Title 12 which have been superseded by the JCR are repealed.  Other sections are amended to make them consistent with the JCR.  The terminology in Title 12 is also updated.  For example, references to justices of the peace and justice court are changed to district judges and district court, and references to constables are changed to deputies.

Fiscal Note:      none requested

Senate Committee - Testified: Kris Backus, District Court Judges Association