2015 efforts to changing civil jurisdiction thresholds: Nevada and Washington enact

Last year around this time I noted a trend towards increasing civil jurisdiction thresholds for some limited jurisdiction courts.

Most states have at least 2 levels of trial court, with a civil jurisdiction amount dividing them. For example a $1,000 civil case may be filed in the limited jurisdiction court, but a $100,000 case may only be permitted in the general jurisdiction court. Changes to this threshold can change the way courts are managed or function as caseloads and revenues rise/fall as a result.

This year saw 5 efforts to raise these limits, including 2 states where changes were enacted.

Maryland: District Courts have exclusive original civil jurisdiction in specified civil cases up to $30,000 (Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 4-401). The threshold was $25,000 but was increased in 2007 (HB 1109). No other efforts to increase the threshold were made in the past decade until 2015. HB 461 would have increased the jurisdiction of the District Court to $50,000 while HB 719 would have raised the jurisdiction to $50,000 but only for first-party motor vehicle insurance benefits for uninsured motorist coverage. Both bills were withdrawn by their respective authors.

Nevada: Nevada’s Justice Courts had jurisdiction in civil cases up to $10,000 since a 2003 law (AB 100) increased the threshold from $7,500 (Nev. Rev. Stat. Ann. § 4.370(1)(a)). Since then there have been no efforts to change the provisions until 2015. AB 66 as enacted now increases that threshold from $10,000 to $15,000 effective January 1, 2017.

South Carolina: Magistrate Court is effectively the state’s small claims court, with a concurrent jurisdiction with the Circuit Court up to only $7,500 (S.C. Code Ann. § 22-3-10). Nearly a dozen efforts had been made in the past decade and 2015 was no exception. SB 53 would have increased the jurisdiction to $10,000 and required mediation for cases below $5,000. SB 325 would have simply provided an increase from $7,500 to $10,000. Neither bill advanced out of committee.

New York: There are five types of limited jurisdiction courts with civil jurisdiction, each with its own threshold:

  • $25,000 for NYC Civil Court and County Courts (NY CLS NYC Civil Ct Act § 201 & NY CLS Jud § 190(1))
  • $15,000 for City and District Courts (NY CLS UCCA § 202 & NY CLS UDCA § 201)
  • $3,000 for Town and Village Courts (NY CLSUJCA § 201(a))

AB 1935 would have raised the jurisdiction of the Town and Village Courts to $5,000. As all prior efforts introduced in the last decade, it never advanced out of committee.

Washington: The state’s District Courts had civil jurisdiction in cases up to $75,000 (Rev. Code Wash. (ARCW) § 3.66.020). The threshold had previously been $50,000, but that was increased in 2008 (HB 2557). A prior effort to increase to $75,000 had previously died in committee without a hearing (SB 5322 of 2005). This year saw two efforts in increase the limit, with one reaching enactment.

  • SB 5125 raises the limit from $75,000 to $100,000. It met with unanimous approval in House and Senate committees and on the floors of each chamber and was signed into law by the governor with an effective date of July 24, 2015.
  • HB 1248 would have raised the limit from $75,000 to $100,000 but also adjusted the threshold for mandatory arbitration from $15,000 to $75,000 in the Senate amended version. The bill was approved 78-19 in the House and was approved as amended by the Senate Law & Justice Committee but died on the Senate floor.