1.20 STATE AND LOCAL VENUE DETERMINATIONS

• 1.21 Courts of Jurisdiction
• 1.22 Venue

1.21 Courts of Jurisdiction

A. Jurisdiction Over Public Health Matters.

1. Superior Courts have original jurisdiction. The superior courts have original jurisdiction in all cases of law and equity as provided in RCW 2.08.010, including all proceedings in which jurisdiction shall not have been vested exclusively in some other court.

   The superior court has jurisdiction over actions to enjoin violations or threatened violations of public health laws, rules, or regulations. RCW 43.70.190. Superior Court judges also have the power to issue writs of mandamus and prohibition, and writs of habeas corpus on petition by or on behalf of persons in actual custody in their respective counties. RCW 2.08.010; see infra § 1.30.

B. Courts of Appellate Jurisdiction over Public Health Matters.

1. Court of Appeals. The Washington Court of Appeals is vested with appellate jurisdiction over cases (except as provided in subsection B.3 below) in which a final judgment has been entered by a trial court of record and all interlocutory appeals. This jurisdiction extends to actions brought under RCW 43.70.190 to enjoin violations or threatened violations of public health laws.

2. Supreme Court. The Supreme Court is vested with appellate jurisdiction over all actions and proceedings (except as provided in subsection B.3 below). The method of seeking review by the Supreme Court of a decision of the Court of Appeals or the superior court is by discretionary review. This appellate jurisdiction extends to actions brought under RCW 43.70.190 to enjoin violations or threatened violations of public health laws.

3. Limitation on appellate jurisdiction. The appellate jurisdiction of the Court of Appeals and the Supreme Court does not extend to civil actions at law for the recovery of money or personal property where the original amount in controversy does not exceed two hundred dollars, unless the action involves the legality of a tax, impost, assessment, toll, municipal fine, or the validity of a statute. RCW 2.06.030; RCW 2.04.010.

1.22 Venue

A. Proper Venue.

1. Superior court of county at issue or Thurston County Superior Court. Actions to enjoin violations or threatened violations of any public health laws of the state or of any rules or regulations made by the State Board of Health or the Department of Health may be brought in the superior court in the county in which the violation occurred or is about to occur, or in the superior court of Thurston County. RCW 43.70.190.

2. Waiver of venue. If an action is brought in the wrong county, it may nevertheless be tried in that county, unless the defendant properly requests that the action be held in the proper county. CR 82.

B. Change of Venue. Venue may be changed as set forth in chapter 4.12 RCW and CR 82. Each party is limited to one (1) change of venue except for causes not in existence when the first change was allowed. RCW 4.12.060.