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
RCW 12.40, 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 RCW 12.40 shall be tried by the superior
court de novo on the record. Within 14 days after the notice of appeal
has been filed in a small claims proceeding, appellant shall cause to
be filed with the clerk of the superior court a verbatim electronic
recording of the trial of the matter in district court and any exhibits
from the trial. The electronic recording shall be made and certified
by the district court to be correct upon the payment of the fees
allowed by law therefor.
(d) Transcript; Procedure on Failure To Make and Certify;
Amendment. If upon an appeal being taken the court of limited
jurisdiction fails, neglects or refuses, upon the tender or payment of
the fees allowed by law, to make and certify the transcript, the
appellant may make application, supported by affidavit, to the superior
court and the court shall issue an order directing the court of limited
jurisdiction to make and certify such transcript upon the payment of
such fees. Whenever it appears to the satisfaction of the superior
court that the return of the court of limited jurisdiction to such
order is substantially erroneous or defective it may order the court of
limited jurisdiction to amend the same. If the judge of the court of
limited jurisdiction fails, neglects or refuses to comply with any
order issued under the provisions of this section he may be cited and
punished for contempt of court.
[Adopted effective September 1, 1984; amended effective October 30, 2001.]
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