SENATE BILL REPORT

SB 6402

BYSenators Pullen, Moore, Bluechel, Newhouse, Bauer, DeJarnatt and Hansen

Revising venue requirements in civil actions in district court.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 28, 1988; January 29, 1988

Majority Report:  That Substitute Senate Bill No. 6402 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse.

Senate Staff:Ben Barnes (786-7465)

                  January 29, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 29, 1988

BACKGROUND:

RCW 3.66.040 provides that a civil action against a defendant must be brought in the district where such person resides.  This requirement may be difficult to meet, however, where defendants refuse to provide a current address, work in a district other than where they reside, or continuously move in order to avoid suit.

SUMMARY:

RCW 3.66.040 is amended to provide that a defendant may be sued in the district where such person is employed if the residence of the defendant is not ascertained by reasonable efforts.

EFFECT OF PROPOSED SUBSTITUTE:

The phrase "place of employment" is clarified to mean place of actual, physical employment.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Ben Woods, Washington Collector's Association; Caroll Duval, Apartment Association of Seattle