[WSBARP] Discovery in Unlawful Detainer

[hhherman2 at comcast.net]

Synthia,

As you state in your question, unlawful detainer is a summary procedure. In the first phase, i.e., 3 day notice to pay rent or vacate simply gives the tenant the option to do one or the other. You are not in court yet. Nothing has been filed. When the tenant does neither, the landlord serves a summons and complaint and usually an order to show cause in a few days. Also, the landlord my serve the tenant with an RCW 59.18.375 notice that requires the tenant to pay into the clerk’s office the amount claimed in the complaint or state a legal or equitable reason why the rent is not due. This action is required not later than the date for responding to the summons. Your are still not in court, but this is your first opportunity to set up a defense that can be heard at the show cause hearing. 

The purpose of the show cause hearing is to determine who is entitled to possession. The tenant’s job is to show that there is no rent due. This can be either a legal, equitable or factual issue. If the tenant can raise a material issue of fact, he is entitled to a jury trial. Now, you can start discovery. Most likely you don’t want a jury trial, but it can produce a continuance during which the tenant can get his ducks lined up, do some discovery, and maybe just go to a hearing before a judge.

The unlawful detainer statutes were enacted by the legislature to give the landlord a speedy way to get possession of his property if he is entitled to possession. That is, if there are no legal, equitable or factual reason why he should not. Depositions are rare, but not unheard of in unlawful detainer actions. The process is too speedy to even give notice to take a deposition, which you can’t do anyway, until you get past the show cause hearing.

That is the short answer.

Howard Herman

509-220-5810

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Synthia Melton
Sent: Monday, April 2, 2018 4:37 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Discovery in Unlawful Detainer

 

Hello Listmates,

 

Does anyone have any helpful case law or information on why discovery is not or should not be allowed in unlawful detainer cases given it is a summary proceeding related to possession. Thank you in advance. 




Respectfully,


SYNTHIA A. MELTON | PARTNER | DIMENSION LAW GROUP PLLC 
130 Andover Park East, Suite 300 | Tukwila, WA 98188

t: 206.973.3500 | f: 206.577.5090| e: synthia at dimensionlaw.com| <mailto:synthia at dimensionlaw.com|>  www.dimensionlaw.com <http://www.dimensionlaw.com> 

 

 


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