Revised Code of Washington

Wash. Rev. Code § 12.40.080 (2026)

Hearing

✓ current as of May 2026

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(1) No attorney-at-law, legal paraprofessional, nor any person other than the plaintiff and defendant, shall appear or participate with the prosecution or defense of litigation in the small claims department without the consent of the judicial officer hearing the case. A corporation may not be represented by an attorney-at-law or legal paraprofessional except as set forth in RCW 12.40.025.

(2) In the small claims department it shall not be necessary to summon witnesses, but the plaintiff and defendant in any claim shall have the privilege of offering evidence in their behalf by witnesses appearing at trial.

(3) The judge may informally consult witnesses or otherwise investigate the controversy between the parties and give judgment or make such orders as the judge may deem to be right, just, and equitable for the disposition of the controversy.

[ 1997 c 352 s 3; 1991 c 71 s 2; 1984 c 258 s 65; 1981 c 331 s 12; 1919 c 187 s 8; RRS s 1777-8.]

Notes:

Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

Court Congestion Reduction Act of 1981—Purpose—Severability—1981 c 331: See notes following RCW 2.32.070.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1972–2022 · leading case: State Farm Mut. Auto. Ins. Co. v. Avery, 57 P.3d 300 (Wash. Ct. App. 2002).

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State Farm Mut. Auto. Ins. Co. v. Avery, 57 P.3d 300 (Wash. Ct. App. 2002). · cites it 3× “RCW 12.40.080. Counsel may not even participate in the defense.”

State Farm Mut. Auto. Ins. v. Avery, 57 P.3d 300 (Wash. Ct. App. 2002). · cites it 3× “RCW 12.40.080(1). Counsel may not even participate in the defense.”

State Ex Rel. McCool v. Small Claims Court, 532 P.2d 1191 (Wash. Ct. App. 1975). · cites it 4× “RCW 12.40.080 and .090. The litigants may not be represented by counsel at the hearing and the judgment of the court is essentially conclusive.”

Chavez v. Our Lady of Lourdes Hosp. at Pasco, 415 P.3d 224 (Wash. 2018). “RCW 12.40.080. Federal courts regularly dismiss a defendant's suggestion that the possibility of small claims court cases is superior to a class action because the litigation may still be time consuming and complex.”

Speer v. Roney, 758 P.2d 10 (Wash. Ct. App. 1988). “However, no appeal is permitted by a party who invokes the exercise of small claims jurisdiction. RCW 12.”

State v. Nelson, 766 P.2d 471 (Wash. Ct. App. 1988). “2d 1008 (1975), where RCW 12.40.080 conferred jurisdiction upon the small claims department of the district court to make orders deemed to be "just and equitable for the disposition of the controversy", the court held that any deficiency of procedure in the primary grant of…”

State ex rel. Long v. McLeod, 496 P.2d 540 (Wash. Ct. App. 1972). · cites it 3× “Relator Long and intervenor Nitz appeal from the denial of a writ of prohibition by which they sought to prevent justice court Judge Murray McLeod from allowing corporations to sue in small claims court, a practice which appellants contend violates the Small Claims Act,…”

Tari Jane Anderson v. Jane Hession (Wash. Ct. App. 2014). · cites it 4× “Under RCW 12.40.080(1), "No attorney-at-law, legal paraprofessional, nor any person other than the plaintiff and defendant, shall appear or participate with the prosecution or defense of litigation in the small claims department 5 No.”

Jim Keyes v. Christina Wentz (Wash. Ct. App. 2017). · cites it 2× “including RCW 12.40.080 which states: "No attorney-at-law, legal paraprofessional, nor any person other than the plaintiff and defendant, shall appear or participate with prosecution or defense of litigation .”

Robinson v. Delapejia (W.D. Wash. 2022). · cites it 2× “Delapena dismissed, however—as the statute 14 of limitations requires—she is free to pursue her case against Mr.”

In Re The Guardianship Of: Ella Nora Denny Thomas Anderson, App. v. Ohana Fiduciary Corp., Res. (Wash. Ct. App. 2016). “, RCW 12.40.080(1) (allowing corporations to be represented by nonattorneys in small claims court), as a common law doctrine, "next friend" status—while allowing a person standing to assert the interests of another—does not allow the "next friend" to appear in court and act as…”

— Wash. Rev. Code § 12.40.080(1) — 3 cases

State Farm Mut. Auto. Ins. v. Avery, 57 P.3d 300 (Wash. Ct. App. 2002). “RCW 12.40.080(1). Counsel may not even participate in the defense.”

Tari Jane Anderson v. Jane Hession (Wash. Ct. App. 2014). “Under RCW 12.40.080(1), "No attorney-at-law, legal paraprofessional, nor any person other than the plaintiff and defendant, shall appear or participate with the prosecution or defense of litigation in the small claims department 5 No.”

— Wash. Rev. Code § 12.40.080(2) — 1 case

— Wash. Rev. Code § 12.40.080(3) — 3 cases

State Farm Mut. Auto. Ins. Co. v. Avery, 57 P.3d 300 (Wash. Ct. App. 2002). “RCW 12.40.080. Counsel may not even participate in the defense.”

State Farm Mut. Auto. Ins. v. Avery, 57 P.3d 300 (Wash. Ct. App. 2002). “RCW 12.40.080(1). Counsel may not even participate in the defense.”

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