FINAL BILL REPORT

SSB 5943

                                   C 85 L 88

BYSenate Committee on Law & Justice (originally sponsored by Senators Nelson, Williams, Kiskaddon, Conner and Anderson)

Revising provisions on the small claims department of district court.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Small claims courts in Washington are organized as a distinct department of the district court.  The primary object of small claims courts is to simplify the court process for a specified range of smaller civil disputes.  Proceedings for small claims courts are generally conducted in an informal manner without formal pleadings and attorney involvement.

Small claims courts have jurisdiction, but not exclusive, in cases for the recovery of money where the amount claimed does not exceed $1,000.  No appeal is permitted from a judgment of the small claims department where the amount claimed was less than $100, nor is any appeal permitted by a party who files a claim or counterclaim.  An appeal by a defendant in a small claims case is by a new superior court trial.

SUMMARY:

The jurisdiction of small claims court is increased to $2,000.

Restrictions on the right to appeal apply only where the amount claimed was less than $1,000.  Where the amount claimed is over $1,000, the right of appeal to a new review in superior court is provided to plaintiffs and cross-claimants as well as defendants.

The Administrator for the Courts in conjunction with the Washington State Magistrates' Association must prepare a model brochure on small claims court procedures and disseminate it to all small claims departments in the state.  This informational brochure is to be made available to all parties in any small claims action.

VOTES ON FINAL PASSAGE:

      Senate    47     1

      House 93   2

EFFECTIVE:June 9, 1988