12.40.027 - Removal to superior court -- Restrictions -- Simultaneous maintenance of claims -- Joinder of claims on appeal. - Washington Statutes

Removal to superior court — Restrictions — Simultaneous maintenance of claims — Joinder of claims on appeal.

RCW 4.14.010 regarding removal of actions to superior court shall not apply to cases originally filed in small claims court, or transferred to the small claims court pursuant to RCW 12.40.025. No defendant or third party defendant may remove a small claims case from small claims court as a matter of right by merely filing a claim or counterclaim or other request for relief that is beyond the jurisdiction of the small claims court. Claims, counterclaims, or other requests for relief filed by a defendant or third party defendant in excess of the jurisdiction of small claims court may be maintained simultaneously in superior court as a separate action brought by such defendant or third party defendant. Such a superior court action does not affect the jurisdiction of the small claims court to hear the original small claims case. The decision of the small claims court shall have no preclusive effect on a superior court action brought pursuant to this section. If the small claims case is appealed, it shall be automatically joined with any superior court case filed pursuant to this section, and the procedures set forth in RCW 12.36.055 shall not apply.

     Nothing in this section may be construed to limit the small claims court from transferring a small claims case to district court or superior court after notice and hearing.

[1997 c 352 § 5.]