RULE NO. 9
REMOVAL FROM SMALL CLAIMS DEPARTMENT
A. Request for Removal. A party in an action which has been commenced
in the Small Claims Department may remove the action to the District Court
by filing a Request for Removal. The request may be filed in a form
substantially similar to the form provided in these rules. In the event
such a Request is filed, the court may remove the action from the Small
Claims Department to the District Court.
B. Upon filing a request for removal in accordance with Section A of
this rule, a copy of the Request shall be mailed by first class mail to the
opposing party or his attorney by first class mail. Within five (5) days of
receipt of the Request for Removal. The Response may be filed in a form
substantially similar to the form provided in these rules. If a Response is
filed, a copy should be mailed by first class mail to the party who filed
the Request for Removal.
C. If a defendant in an action which has been commenced in the Small
Claims Department alleges a counterclaim in excess of the jurisdictional
amount for the Small Claims Department, the court shall remove the action
to District Court.
D. In the event the action is removed to District Court from the Small
Claims Department in accordance with Section A or Section B of this rule,
the first party filing the Request for Removal shall pay the District Court
filing fee.
(Effective Date: 01/07/87)
UNIFORM DISTRICT COURT FORM NO. 9A
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) REQUEST FOR REMOVAL TO
) DISTRICT COURT
)
Defendant. )
Comes now the plaintiff/defendant (strike one) in the above captioned
proceeding and, pursuant to Local Rule _____________, hereby requests that
this action be removed from the Small Claims Department to District Court.
I certify that I have mailed a copy of this form to the plaintiff/defendant
(strike one) by first class mail, addressed as follows:
DATED: ____________________________________
___________________________________
(Signature)
___________________________________
(Print Name)
UNIFORM DISTRICT COURT FORM NO. 9B
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) RESPONSE TO REQUEST
) FOR REMOVAL
)
Defendant. )
Comes now the plaintiff/defendant (strike one) and, pursuant to Local Rule
___________, hereby files his Response to Request for Removal of this
action from the Small Claims Department to the District Court.
1. The plaintiff/defendant (strike one) filed a Request for Removal on
_______________________, ________, which I received on ___________________,
________.
2. I oppose this request because: _______________________________
______________________________________________________________________
______________________________________________________________________
DATED: _____________________________
______________________________
Signature
______________________________
Print Name
UNIFORM DISTRICT COURT FORM NO. 9C
THURSTON COUNTY DISTRICT COURT
THURSTON COUNTY, STATE OF WASHINGTON
)
)
Plaintiff, ) NO.
)
V. ) ORDER REMOVING ACTION
) FROM SMALL CLAIMS COURT
)
Defendant. )
This court having reviewed a motion for removal of an action from Small
Claims Court to the jurisdiction of the District Court pursuant to CRLJ
________ and ________________________________, and the court having
determined that the defendant has a right to remove said cause upon the
filing of fees thereof, now, therefore, it is
ORDERED, ADJUDGED AND DECREED that the small claims action filed under
Number ___________ is hereby removed from the jurisdiction of the Small
Claims Court to the jurisdiction of the District Court. The docket number
______________ shall remain the same ______________ be changed to
_________________. All further pleadings should reflect the corrected
docket number. The plaintiff is directed to comply with all rules of
pleading and practice applicable to District Court.
DATED this __________ day of _________________________, _________.
______________________________
J U D G E
Presented by:
____________________________________
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