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House Judiciary Committee votes not to recede on Senate Bill 46, citing due-process concerns in expedited wrongful-detainer timeline
Summary
The House Judiciary Committee voted not to recede on Senate Bill 46 (Sen. Watson), which would have shortened several timelines in wrongful-detainer proceedings; members cited due-process problems including trials scheduled before service and shortened appeal periods. A conference committee was appointed.
The House Judiciary Committee voted not to recede on Senate Bill 46, a measure from Sen. Watson that would alter timelines for wrongful-detainer proceedings, after members raised due-process concerns about expedited trial and appeal windows.
Committee members said the Senate version would require a trial within four to seven days of filing a complaint, which critics argued could occur before a defendant receives service. “The Senate bill has a trial within 4 to 7 days of filing a complaint which violates due process, because it doesn't necessarily require that someone has received service by that time frame,” said a committee staff member explaining the concerns. Committee members also objected to shortening the post-judgment appeal period from 10 days to four days and to provisions that allowed plaintiffs to use a John Doe defendant when the name was unknown.
The committee recorded a motion not to recede, which was made by the chair and seconded; members approved the motion. The committee appointed a conference committee on the measure with Williams as chair and members Schmidt and Phillips.
Committee staff outlined the House’s alternative language during debate: a trial within 14 days of filing to allow time for service, retention of the current appeal process so appeals could be filed after judgment, and a requirement that plaintiffs name the defendant when known and serve a complaint within four days of filing (the House version). Staff emphasized that plaintiffs would still be required to prove their case under standard civil procedure.
The committee did not adopt the Senate’s expedited trial and appeal windows and instead voted not to concur in the Senate amendments. The appointment of a conference committee means negotiations between the chambers will follow.
The action was procedural and did not change statutory text today; committee members said the conference committee will continue work on precise language and due-process protections.
Members speaking on the record included Chair Chew, Delegate Eric Hahn, Delegate Williams and committee counsel/staff who explained the technical differences between the House and Senate versions.
