SENATE BILL REPORT

EHB 2460

BYRepresentatives Inslee, Padden, Raiter, Appelwick, R. Meyers, Moyer, Rayburn, Hargrove, Rector, Dorn, H. Myers, Grant, Anderson, Jesernig, Van Luven, Wood, Jones, Zellinsky, R. King, Kremen, Crane and Kirby

Establishing civil docket priority for parties over seventy years of age or terminally ill.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 20, 1990; February 21, 1990

Majority Report:  Do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Madsen, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Talmadge.

Senate Staff:Anita Neal (786-7418)

                  February 21, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 21, 1990

BACKGROUND:

Parties in a civil case must often wait for long periods before having a trial due to the backlog of cases in superior court.  Criminal cases must be given priority over civil cases when setting trial dates because defendants in criminal cases have a right to a speedy trial.  In addition, a number of statutes have express statutory time limits which dictate when a matter will be heard before a judge, such as domestic violence protection matters and temporary restraining orders.  No special provision exists directing the court administrators to exercise their discretion when setting cases for trial to give priority to the elderly or the terminally ill.  In some cases, a litigant may die or become too ill to proceed before his or her case goes to trial.  Consequently, pressure may exist to settle some cases for an amount less than the merits would otherwise dictate.

SUMMARY:

Upon the motion of a party, the court is directed to give priority on the civil trial calendar to cases in which a party is frail and over 70 years of age or is suffering from a terminal illness, unless other specific statutes provide otherwise.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: Representative Inslee; Evan Iverson, Senior Citizens' Lobby