Small claims court in Washington

CRLJ 75 — Record on Trial de Novo

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

CRLJ 75 RECORD ON TRIAL DE NOVO (a) Scope of Rule. This rule applies only to proceedings which are not subject to appellate review under the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The proceedings to which those rules apply are defined by RALJ 1.1. (b) Transcript; Procedure in Superior Court; Pleadings in Superior Court. Within 14 days after the notice of appeal has been filed in a civil action or proceeding, including a small claims appeal pursuant to chapter 12.40 RCW, the appellant shall file with the clerk of the superior court a transcript of all entries made in the docket of the court of limited jurisdiction relating to the case, together with all the process and other papers relating to the case filed in the court of limited jurisdiction which shall be made and certified by such court to be correct upon the payment of the fees allowed by law therefor, and upon the filing of such transcript the superior court shall become possessed of the cause, and shall proceed in the same manner, as near as may be, as in actions originally commenced in that court, except as provided in these rules. The issue before the court of limited jurisdiction shall be tried in the superior court without other or new pleadings, unless otherwise directed by the superior court. (c) Small Claims Appeals; Trial De Novo on the Record. Small claims appeals pursuant to chapter 12…

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CRLJ 72 — Appeal to Superior Court

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CRLJ 72 APPEAL TO SUPERIOR COURT (a) Types of Appeals. An appeal from a court of limited jurisdiction is governed by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. Under RALJ 1.1, the appeal from some courts is an appeal for error on the record, and the appeal from other courts is conducted as a trial de novo or a trial de novo on the record, as set forth in section (b) below. The procedures for an appeal for error on the record are defined by the RALJ. The procedures for a trial de novo and a trial de novo on the record are defined by CRLJ 73 and 75 below. (b) Small Claims Court Appeals. An appeal from a decision of a small claims court operating under Chapter 12.40 RCW shall be a trial de novo on the record from the court of limited jurisdiction. [Adopted effective September 1, 1984; Amended effective September 1, 1989; October 30, 2001.]

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CRLJ 75A — Electronic Recording of Small Claims Proceedings

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

CRLJ 75A ELECTRONIC RECORDING OF SMALL CLAIMS PROCEEDINGS a) Generally. Small claims proceedings in a court of limited jurisdiction shall be recorded by electronic means. b) Nonelectronic Record in Emergency. In the event of an equipment failure or other situation making an electronic recording impossible, the court may order the proceeding to be recorded by nonelectronic means. The nonelectronic record must be made at the court’s expense, and in the event of an appeal, any necessary transcription of the nonelectronic record must be made at the court’s expense. c) Statements to Be Made on the Record. At the beginning of the case, the judge of the court of limited jurisdiction shall state on the record the name and number of the case and the names of the parties. During the trial of the case, the judge shall state on the record or have stated on the record the names of any or all witnesses as they appear in the course of the proceeding. d) Log. The judge of the court of limited jurisdiction shall cause a written log to be maintained separate from the recording indicating the location on the electronic record of relevant events in the proceedings, including but not limited to the beginning of the proceeding, the beginning and ending of the testimony of each witness, the decision of the court, and the end of the proceeding. e) Loss or Damage of Electronic Record. In the event of l…

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28 U.S.C. § 1441 — Removal of civil actions

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

§ 1441. Removal of civil actions (a) Generally .— Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending. (b) Removal Based on Diversity of Citizenship .— (1) In determining whether a civil action is removable on the basis of the jurisdiction under section 1332(a) of this title , the citizenship of defendants sued under fictitious names shall be disregarded. (2) A civil action otherwise removable solely on the basis of the jurisdiction under section 1332(a) of this title may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought. (c) Joinder of Federal Law Claims and State Law Claims .— (1) If a civil action includes— (A) a claim arising under the Constitution, laws, or treaties of the United States (within the meaning of section 1331 of this title ), and (B) a claim not within the original or supplemental jurisdiction of the district court or a claim that has been made nonremovable by statute, the entire action may be removed if the action would be removable without the inclusion of the claim d…

Source: official rule text

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