SB 6324 — Concerning the destruction of court exhibits by county clerks.

S-4471.1SUBSTITUTES-3399.1SENATE SENATE BILL 6324State of Washington65th Legislature2018 Regular SessionBy Senate Law & Justice (originally sponsored by Senators Angel and Takko)READTakkoAN FIRST TIME 01/31/18.AN ACT Relating to the destruction of court exhibits by county clerks;

and amending RCW 7.52.1607.52.160, 36.23.070, and 36.23.070.BE36.23.030.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1.  RCW 7.52.160 and 2011 c 336 s 224 are each amended to read as follows:If an order of sale be made before the distribution of the proceeds thereof, the plaintiff shall produce to the court the certificate ((of the clerk of the county where the property is situated)), showing the liens remaining unsatisfied, if any, by judgment or decree upon the property or any portion thereof, and unless he or she do so the court shall order a referee to ascertain them.Sec. 2.  RCW 36.23.070 and 1981 c 154 s 1 are each amended to read as follows:(1) A county clerk may,may at any time more than ((six)) ten years after ((the((the)) entry of)) a case completion order or finalentry ((judgment))of mandatefinal judgment in any action ((applyapply to)),to obtain an order from the superior court ((forfor an))an order authorizing ((order and, upon such order being signed and entered, turn such)) destruction of exhibits or authorizing exhibits of possible value to be turned over to the sheriff for disposal in accordance with the provisions of chapter 63.40 RCW((, and destroy any other exhibits, unopened depositions, and reporters' notes which have theretofore been filed in such cause:

Exhibits may be destroyed or returned sooner, as authorized by state court rule, when ordered by the court.(2) A county clerk may, at any time more than ten years after a casehearing completion order or final mandate in any action, obtainapply anto order from the superior court for an order authorizing destruction of court recordings and reporters' notes.

A county clerk may require reporters to file notes electronically pursuantand toestablish a statewide filing standardstandards for electronic submissionsubmission.Sec. 3.  RCW established36.23.030 byand 2011 c 193 s 3 are each amended to read as follows:The clerk of the Washingtonsuperior statecourt associationat the expense of the county clerks.---shall ENDkeep ---the following records:(1) A record in which he or she shall enter all appearances and the time of filing all pleadings in any cause;(2) ((A docket in which before every session, he or she shall enter the titles of all causes pending before the court at that session in the order in which they were commenced, beginning with criminal cases, noting in separate columns the names of the attorneys, the character of the action, the pleadings on which it stands at the commencement of the session.

One copy of this docket shall be furnished for the use of the court and another for the use of the members of the bar;(3))) A record for each session in which he or she shall enter the names of witnesses and jurors, with time of attendance, distance of travel, and whatever else is necessary to enable him or her to make out a complete cost bill;(((4))) (3) A record in which he or she shall record the daily proceedings of the court, and enter all verdicts, orders, judgments, and decisions thereof, which may, as provided by local court rule, be signed by the judge;

but the court shall have full control of all entries in the record at any time during the session in which they were made;(((5))) (4) An execution docket and also one for a final record in which he or she shall make a full and perfect record of all criminal cases in which a final judgment is rendered, and all civil cases in which by any order or final judgment the title to real estate, or any interest therein, is in any way affected, and such other final judgments, orders, or decisions as the court may require;(((6))) (5) A record in which shall be entered all orders, decrees, and judgments made by the court and the minutes of the court in probate proceedings;(((7))) (6) A record of wills and bonds shall be maintained.

Originals shall be placed in the original file and shall be preserved or duplicated pursuant to RCW 36.23.065;(((8))) (7) A record of letters testamentary, administration, and guardianship in which all letters testamentary, administration, and guardianship shall be recorded;(((9))) (8) A record of claims shall be entered in the appearance docket under the title of each estate or case, stating the name of each claimant, the amount of his or her claim and the date of filing of such;(((10))) (9) A memorandum of the files, in which at least one page shall be given to each estate or case, wherein shall be noted each paper filed in the case, and the date of filing each paper;(((11))) (10) A record of the number of petitions filed for restoration of the right to possess a firearm under chapter 9.41 RCW and the outcome of the petitions;(((12))) (11) Such other records as are prescribed by law and required in the discharge of the duties of his or her office.--- END ---