Title 4 RCW.fm

(2016 Ed.) [Title 4 RCW—page 1]

Title 4

4 CIVIL PROCEDURE

CIVIL PROCEDURE

Chapters

4.04 Rule of decision—Form of actions.

4.08 Parties to actions.

4.12 Venue—Jurisdiction.

4.14 Removal of certain actions to superior court.

4.16 Limitation of actions.

4.18 Uniform conflict of laws—Limitations act.

4.20 Survival of actions.

4.22 Contributory fault—Effect—Imputation—

Contribution—Settlement agreements.

4.24 Special rights of action and special immunities.

4.28 Commencement of actions.

4.32 Pleadings.

4.36 General rules of pleading.

4.40 Issues.

4.44 Trial.

4.48 Trial before referee.

4.52 Agreed cases.

4.56 Judgments—Generally.

4.60 Judgment by confession.

4.64 Entry of judgments.

4.68 Procedure to bind joint debtor.

4.72 Vacation and modification of judgments.

4.76 New trials.

4.80 Exceptions.

4.84 Costs.

4.88 Appeals.

4.92 Actions and claims against state.

4.96 Actions against political subdivisions, munici-

pal and quasi-municipal corporations.

4.100 Wrongly convicted persons.

Arbitration of civil actions: Chapter 7.06 RCW.

Bonds, judicial

attachment: Chapter 6.25 RCW.

bail and appearance: Chapter 10.19 RCW.

civil actions, court to fix amount: RCW 4.44.470.

civil appeals from district courts: Chapter 12.36 RCW.

contempt: Chapter 7.21 RCW.

costs, security: RCW 4.84.210 through 4.84.240.

criminal appeals from district courts: Chapter 10.10 RCW.

criminal appeals to supreme court: Chapter 10.73 RCW.

executions, levy on joint personalty: RCW 6.17.180, 6.17.190.

extradition: Chapter 10.88 RCW.

garnishment: Chapter 6.27 RCW.

guardians: Chapters 11.88, 11.92 RCW.

injunction: Chapter 7.40 RCW.

judgments, sentences, good behavior, maintain peace: RCW 10.64.070.

municipal courts: Chapter 35.20 RCW.

ne exeat: Chapter 7.44 RCW.

nuisance, stay of warrant: RCW 7.48.040.

preliminary hearings: Chapter 10.16 RCW.

public officers, official bonds: Chapter 42.08 RCW.

replevin: Chapter 7.64 RCW.

replevin, district courts: Chapter 12.28 RCW.

suretyship, generally: Chapters 19.72, 48.28 RCW.

Chattel mortgages, foreclosure: Article 62A.9A RCW.

Claims against

cities and towns: Chapters 35.31, 35A.31 RCW.

counties: Chapter 36.45 RCW.

Claims, reports, etc., filing and receipt: RCW 1.12.070.

Federal court local law certificate procedure act: Chapter 2.60 RCW.

Foreign corporations, nonadmitted—Actions against: Chapter 23B.18

RCW.

Immunity from implied warranties and civil liability relating to blood,

plasma, and blood derivatives—Scope—Effective date: RCW

70.54.120.

Indians, jurisdiction in criminal and civil causes: Chapter 37.12 RCW.

Industrial insurance, procedure: Title 51 RCW.

Justice without unnecessary delay: State Constitution Art. 1 § 10.

Liens, foreclosure: Title 60 RCW.

Public bodies may retain collection agencies to collect public debts—Fees:

RCW 19.16.500.

Real estate mortgages, foreclosure: Chapter 61.12 RCW.

Redress of injuries to property under code of military justice: RCW

38.38.856.

Tax refunds: Chapter 84.69 RCW.

Chapter 4.04

Chapter 4.04 RCW

4.04 RULE OF DECISION—FORM OF ACTIONS

RULE OF DECISION—FORM OF ACTIONS

Sections

4.04.010 Extent to which common law prevails.

General definitions: Chapter 1.16 RCW.

Rules of construction: Chapter 1.12 RCW.

4.04.010

4.04.010 Extent to which common law prevails.

4.04.010 Extent to which common law prevails. The

common law, so far as it is not inconsistent with the Consti

tution and laws of the United States, or of the state of Wash-

ington nor incompatible with the institutions and condition of

society in this state, shall be the rule of decision in all the

courts of this state. [1891 c 17 § 1; Code 1881 § 1; 1877 p 3

§ 1; 1862 p 83 § 1; RRS § 143. Formerly RCW 1.12.030.]

Chapter 4.08

Chapter 4.08 RCW

4.08 PARTIES TO ACTIONS

PARTIES TO ACTIONS

Sections

4.08.030 Either spouse or either domestic partner may sue for commu-

nity—Necessary parties.

4.08.040 When either spouse or either domestic partner may join,

defend.

4.08.050 Guardian ad litem for infant.

4.08.060 Guardian ad litem for incapacitated person.

4.08.080 Action on assigned choses in action.

4.08.100 Action to recover purchase money on land—Final judgment.

4.08.110 Action by public corporations.

4.08.120 Action against public corporations.

4.08.140 New party entitled to service of summons.

4.08.150 Substitution and interpleader.

4.08.160 Action to determine conflicting claims to property.

4.08.170 Action to determine conflicting claims to property—Dis-

claimer and deposit in court.

4.08.180 Action to determine conflicting claims to property—Trial of

issue.

Persons licensed to provide health care or related services, employees, hos-

pitals, clinics, etc.—Professional review committee, society, examining

or disciplinary board members, etc.—Immunity from civil suit arising

from duties: RCW 4.24.240.

4.08.030 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 2] (2016 Ed.)

4.08.03 0

4.08.030 Either spouse or either domestic partner may sue for community—Necessary partie s.

4.08.030 Either spouse or either domestic partner

may sue for community—Necessary parties. Either

spouse or either domestic partner may sue on behalf of the

community: PROVIDED, That

(1) When the action is for personal injuries, the spouse or

the domestic partner having sustained personal injuries is a

necessary party;

(2) When the action is for compensation for services ren-

dered, the spouse or the domestic partner having rendered the

services is a necessary party. [2008 c 6 § 407; 1972 ex.s. c

108 § 1; Code 1881 § 6; 1877 p 4 § 6; 1875 p 4 § 2; 1869 p 4

§ 6; 1854 p 131 § 5; RRS § 181.]

Part headings not law—Severability—2008 c 6: See RCW 26.60.900

and 26.60.901.

4.08.04 0

4.08.040 Whe n either spouse or either d omestic partner may join , defend.

4.08.040 When either spouse or either domestic part-

ner may join, defend. Either spouse or either domestic part-

ner may join in all causes of action arising from injuries to the

person or character of either or both of them, or from injuries

to the property of either or both of them, or arising out of any

contract in favor of either or both of them.

If the spouses or the domestic partners are sued together,

either or both spouses or either or both domestic partners may

defend, and if one spouse or one domestic partner neglects to

defend, the other spouse or other domestic partner may

defend for the nonacting spouse or nonacting domestic part

ner also. Each spouse or each domestic partner may defend in

all cases in which he or she is interested, whether that spouse

or that domestic partner is sued with the other spouse or other

domestic partner or not. [2008 c 6 § 408; 1972 ex.s. c 108 §

2; Code 1881 § 7; 1877 p 4 § 7; 1875 p 4 § 3; 1854 p 219 §

492; RRS § 182.]

Part headings not law—Severability—2008 c 6: See RCW 26.60.900

and 26.60.901.

4.08.05 0

4.08.050 Guardian ad litem for infant.

4.08.050 Guardian ad litem for infant. Except as pro-

vided under RCW 26.50.020 and 28A.225.035, when an

infant is a party he or she shall appear by guardian, or if he or

she has no guardian, or in the opinion of the court the guard

ian is an improper person, the court shall appoint one to act.

Said guardian shall be appointed as follows:

(1) When the infant is plaintiff, upon the application of

the infant, if he or she be of the age of fourteen years, or if

under that age, upon the application of a relative or friend of

the infant.

(2) When the infant is defendant, upon the application of

the infant, if he or she be of the age of fourteen years, and

applies within thirty days after the service of the summons; if

he or she be under the age of fourteen, or neglects to apply,

then upon the application of any other party to the action, or

of a relative or friend of the infant. [1996 c 134 § 7; 1992 c

111 § 9; 1891 c 30 § 1; Code 1881 § 12; 1854 p 132 §§ 6, 7;

RRS § 187.]

Findings—1992 c 111: See note following RCW 26.50.030.

4.08.06 0

4.08.060 Guard ian ad litem for incapacita ted person.

4.08.060 Guardian ad litem for incapacitated person.

When an incapacitated person is a party to an action in the

superior courts he or she shall appear by guardian, or if he or

she has no guardian, or in the opinion of the court the guard

ian is an improper person, the court shall appoint one to act as

guardian ad litem. Said guardian shall be appointed as fol

lows:

(1) When the incapacitated person is plaintiff, upon the

application of a relative or friend of the incapacitated person.

(2) When the incapacitated person is defendant, upon the

application of a relative or friend of such incapacitated per

son, such application shall be made within thirty days after

the service of summons if served in the state of Washington,

and if served out of the state or service is made by publica

tion, then such application shall be made within sixty days

after the first publication of summons or within sixty days

after the service out of the state. If no such application be

made within the time above limited, application may be made

by any party to the action. [1996 c 249 § 5; 1899 c 91 § 1;

RRS § 188.]

Intent—1996 c 249: See note following RCW 2.56.030.

4.08.080

4.08.080 Action on assigned choses in action.

4.08.080 Action on assigned choses in action. Any

assignee or assignees of any judgment, bond, specialty, book

account, or other chose in action, for the payment of money,

by assignment in writing, signed by the person authorized to

make the same, may, by virtue of such assignment, sue and

maintain an action or actions in his or her name, against the

obligor or obligors, debtor or debtors, named in such judg

ment, bond, specialty, book account, or other chose in action,

notwithstanding the assignor may have an interest in the

thing assigned: PROVIDED, That any debtor may plead in

defense as many defenses, counterclaims and offsets,

whether they be such as have heretofore been denominated

legal or equitable, or both, if held by him against the original

owner, against the debt assigned, save that no counterclaim

or offset shall be pleaded against negotiable paper assigned

before due, and where the holder thereof has purchased the

same in good faith and for value, and is the owner of all inter-

est therein. [1927 c 87 § 1; 1891 c 30 § 2; Code 1881 § 15;

1879 p 122 § 1; 1854 p 131 § 3; RRS § 191.]

4.08.100

4.08.100 Action to recover purchase money on land—Final judgment.

4.08.100 Action to recover purchase money on

land—Final judgment. In any action brought for the recov

ery of the purchase money against any person holding a con-

tract for the purchase of lands, the party bound to perform the

contract, if not the plaintiff, may be made a party, and the

court in a final judgment may order the interest of purchaser

to be sold or transferred to the plaintiff upon such terms as

may be just, and may also order a specific performance of the

contract in favor of the complainant, or the purchaser, in case

a sale be ordered. [Code 1881 § 19; 1877 p 6 § 19; 1854 p

219 § 490; RRS § 195.]

4.08.110

4.08.110 Action by public corporations.

4.08.110 Action by public corporations. An action at

law may be maintained by any county, incorporated town,

school district or other public corporation of like character, in

its corporate name, and upon a cause of action accruing to it,

in its corporate character and not otherwise, in any of the fol

lowing cases:

(1) Upon a contract made with such public corporation;

(2) Upon a liability prescribed by law in favor of such

public corporation;

(3) To recover a penalty or forfeiture given to such pub-

lic corporation;

Venue—Jurisdiction 4.12.020

(2016 Ed.) [Title 4 RCW—page 3]

(4) To recover damages for an injury to the corporate

rights or property of such public corporation. [1953 c 118 §

1. Prior: Code 1881 § 661; 1869 p 154 § 601; RRS § 950.]

4.08.12 0

4.08.120 Actio n against public corpora tions.

4.08.120 Action against public corporations. An

action may be maintained against a county or other of the

public corporations mentioned or described in RCW

4.08.110, either upon a contract made by such county, or

other public corporation in its corporate character and within

the scope of its authority, or for an injury to the rights of the

plaintiff arising from some act or omission of such county or

other public corporation. [1953 c 118 § 2. Prior: Code 1881

§ 662; 1869 p 154 § 602; RRS § 951.]

4.08.14 0

4.08.140 New party entitled to service of summons.

When a new party is introduced into an action as a represen

tative or successor of a former party, such new party is enti-

tled to the same summons to be served in the same manner as

required for defendants in the commencement of an action.

[1957 c 7 § 1. Prior: Code 1881 §§ 21, 742; 1877 pp 6 and

151 §§ 21, 747; 1873 pp 7 and 176 §§ 21, 682; 1869 pp 6 and

172 §§ 21, 684; 1863 p 194 § 524; 1860 p 99 § 477; 1854 p

219 § 485; RRS § 197.]

Rules of court: Cf. CR 3; CR 5.

4.08.15 0

4.08.150 Sub stitution and interpleader .

4.08.150 Substitution and interpleader. A defendant

against whom an action is pending upon a contract, or for

specific real or personal property, at any time before answer,

upon affidavit that a person not a party to the action, and

without collusion with him or her, makes against him or her a

demand for the same debt or property, upon due notice to

such person and the adverse party, may apply to the court for

an order to substitute such person in his or her place, and dis

charge him or her from liability to either party on his or her

depositing in court the amount of the debt, or delivering the

property or its value to such person as the court may direct;

and the court may make the order. [2011 c 336 § 75; Code

1881 § 22; 1877 p 6 § 22; 1869 p 7 § 22; 1854 p 132 § 12;

RRS § 198.]

Rules of court: Interpleader—CR 22; Substitution—CR 25.

4.08.16 0

4.08.160 Actio n to determine conflicti ng claims to property.

4.08.160 Action to determine conflicting claims to

property. Anyone having in his or her possession, or under

his or her control, any property or money, or being indebted,

where more than one person claims to be the owner of, enti

tled to, interested in, or to have a lien on, such property,

money, or indebtedness, or any part thereof, may commence

an action in the superior court against all or any of such per

sons, and have their rights, claims, interest, or liens adjudged,

determined, and adjusted in such action. [2011 c 336 § 76;

1890 p 93 § 1; RRS § 199.]

4.08.17 0

4.08.170 Actio n to determine conflicti ng claims to property—Disclaimer and deposit in court.

4.08.170 Action to determine conflicting claims to

property—Disclaimer and deposit in court. In any action

commenced under RCW 4.08.160, the plaintiff may disclaim

any interest in the money, property, or indebtedness, and

deposit with the clerk of the court the full amount of such

money or indebtedness, or other property, and he or she shall

not be liable for any costs accruing in said action. And the

clerks of the various courts shall receive and file such com

plaint, and all other officers shall execute the necessary pro-

cesses to carry out the purposes of this section, and RCW

4.08.160 and 4.08.180, free from all charge to said plaintiff,

and the court, in its discretion, shall determine the liability for

costs of the action. [2011 c 336 § 77; 1890 p 93 § 2; RRS §

200.]

4.08.180

4.08.180 Actio n to determine conflict ing claims to property—T rial of issue.

4.08.180 Action to determine conflicting claims to

property—Trial of issue. Either of the defendants may set

up or show any claim or lien he or she may have to such prop

erty, money, or indebtedness, or any part thereof, and the

superior right, title, or lien, whether legal or equitable, shall

prevail.

The court or judge thereof may make all necessary

orders, during the pendency of said action, for the preserva

tion and protection of the rights, interests, or liens of the sev-

eral parties. [2011 c 336 § 78; 1890 p 94 § 3; RRS § 201.]

Chapter 4.12

Chapter 4.12 RCW

4.12 VENUE—JURISDICTION

VENUE—JURISDICTION

Sections

4.12.010 Actions to be commenced where subject is situated.

4.12.020 Actions to be tried in county where cause arose.

4.12.025 Action to be brought where defendant resides—Optional

venue of actions upon unlawful issuance of check or draft—

Residence of corporations—Optional venue of actions

against corporations.

4.12.030 Grounds authorizing change of venue.

4.12.040 Prejudice of judge, transfer to another department, visiting

judge—Change of venue generally, criminal cases.

4.12.050 Affidavit of prejudice.

4.12.060 To what county venue may be changed—Limitation on num-

ber of changes.

4.12.070 Change to newly created county.

4.12.080 Change by stipulation.

4.12.090 Transmission of record on change of venue—Costs, attorney's

fee.

4.12.100 Transcript of record entries.

4.12.110 Effect of neglect of moving party.

4.12.120 Change deemed complete, when.

Rules of court: Venue—CR 82.

Actions against nonresident motorist: RCW 46.64.040.

4.12.010

4.12.010 Actions to be commenced where subject is situated.

4.12.010 Actions to be commenced where subject is

situated. Actions for the following causes shall be com

menced in the county in which the subject of the action, or

some part thereof, is situated:

(1) For the recovery of, for the possession of, for the par-

tition of, for the foreclosure of a mortgage on, or for the deter-

mination of all questions affecting the title, or for any injuries

to real property.

(2) All questions involving the rights to the possession or

title to any specific article of personal property, in which last

mentioned class of cases, damages may also be awarded for

the detention and for injury to such personal property. [Code

1881 § 47; 1877 p 11 § 48; 1869 p 12 § 48; 1860 p 7 § 15;

1854 p 133 § 13; RRS § 204.]

4.12.020

4.12.020 Actions to be tried in county where cause arose.

4.12.020 Actions to be tried in county where cause

arose. Actions for the following causes shall be tried in the

county where the cause, or some part thereof, arose:

(1) For the recovery of a penalty or forfeiture imposed by

statute;

(2) Against a public officer, or person specially

appointed to execute his or her duties, for an act done by him

or her in virtue of his or her office, or against a person who,

4.12.025 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 4] (2016 Ed.)

by his or her command or in his or her aid, shall do anything

touching the duties of such officer;

(3) For the recovery of damages for injuries to the person

or for injury to personal property, the plaintiff shall have the

option of suing either in the county in which the cause of

action or some part thereof arose, or in the county in which

the defendant resides, or if there be more than one defendant,

where some one of the defendants resides, at the time of the

commencement of the action. [2001 c 45 § 2; 1941 c 81 § 1;

Code 1881 § 48; 1877 p 11 § 49; 1869 p 12 § 49; 1860 p 7 §

16; 1854 p 133 § 14; Rem. Supp. 1941 § 205.]

4.12.02 5

4.12.025 Actio n to be brought where de fendant resides—Optional venue of actions upon unlawful issuance of check or draft—Residence of corporations—Optional venue of actions against corporations.

4.12.025 Action to be brought where defendant

resides—Optional venue of actions upon unlawful issu

ance of check or draft—Residence of corporations—

Optional venue of actions against corporations. (1) An

action may be brought in any county in which the defendant

resides, or, if there be more than one defendant, where some

one of the defendants resides at the time of the commence

ment of the action. For the purpose of this section, the resi-

dence of a corporation defendant shall be deemed to be in any

county where the corporation: (a) Transacts business; (b) has

an office for the transaction of business; (c) transacted busi

ness at the time the cause of action arose; or (d) where any

person resides upon whom process may be served upon the

corporation.

(2) An action upon the unlawful issuance of a check or

draft may be brought in any county in which the defendant

resides or may be brought in any division of the judicial dis

trict in which the check was issued or presented as payment.

(3) The venue of any action brought against a corpora-

tion, at the option of the plaintiff, shall be: (a) In the county

where the tort was committed; (b) in the county where the

work was performed for said corporation; (c) in the county

where the agreement entered into with the corporation was

made; or (d) in the county where the corporation has its resi

dence. [1998 c 56 § 1; 1985 c 68 § 2; 1983 c 31 § 1; 1965 c

53 § 168; 1927 c 173 § 1; RRS § 205-1. Prior: 1909 c 42 § 1;

Code 1881 § 49; 1877 p 11 § 50; 1869 p 13 § 50; 1860 p 101

§ 488; 1854 p 220 § 494.]

4.12.03 0

4.12.030 Grounds authorizing change of venue.

4.12.030 Grounds authorizing change of venue. The

court may, on motion, in the following cases, change the

place of trial when it appears by affidavit, or other satisfac

tory proof:

(1) That the county designated in the complaint is not the

proper county; or,

(2) That there is reason to believe that an impartial trial

cannot be had therein; or,

(3) That the convenience of witnesses or the ends of jus-

tice would be forwarded by the change; or,

(4) That from any cause the judge is disqualified; which

disqualification exists in either of the following cases: In an

action or proceeding to which he or she is a party, or in which

he or she is interested; when he or she is related to either party

by consanguinity or affinity, within the third degree; when he

or she has been of counsel for either party in the action or pro

ceeding. [2011 c 336 § 79; Code 1881 § 51; 1877 p 12 § 52;

1875 p 6 § 8; 1869 p 13 § 52; 1854 p 134 § 16; RRS § 209.]

4.12.040

4.12.040 Prejudice of judge, transfer to another department, visiting judge—Chan ge of venue generally, criminal ca ses.

4.12.040 Prejudice of judge, transfer to another

department, visiting judge—Change of venue generally,

criminal cases. (1) No judge of a superior court of the state

of Washington shall sit to hear or try any action or proceeding

when it shall be established as hereinafter provided that said

judge is prejudiced against any party or attorney, or the inter

est of any party or attorney appearing in such cause. In such

case the presiding judge in judicial districts where there is

more than one judge shall forthwith transfer the action to

another department of the same court, or call in a judge from

some other court. In all judicial districts where there is only

one judge, a certified copy of the motion and affidavit filed in

the cause shall be transmitted by the clerk of the superior

court to the clerk of the superior court designated by the chief

justice of the supreme court. Upon receipt the clerk of said

superior court shall transmit the forwarded affidavit to the

presiding judge who shall direct a visiting judge to hear and

try such action as soon as convenient and practical.

(2) The presiding judge in judicial districts where there is

more than one judge, or the presiding judge of judicial dis

tricts where there is only one judge, may send a case for trial

to another court if the convenience of witnesses or the ends of

justice will not be interfered with by such a course and the

action is of such a character that a change of venue may be

ordered: PROVIDED, That in criminal prosecutions the case

shall not be sent for trial to any court outside the county

unless the accused shall waive his or her right to a trial by a

jury of the county in which the offense is alleged to have been

committed.

(3) This section does not apply to water right adjudica-

tions filed under chapter 90.03 or 90.44 RCW. Disqualifica-

tion of judges in water right adjudications is governed by

RCW 90.03.620. [2009 c 332 § 19; 1989 c 15 § 1; 1961 c 303

§ 1; 1927 c 145 § 1; 1911 c 121 § 1; RRS § 209-1.]

Application—2009 c 332: See note following RCW 90.03.110.

Criminal proceedings, venue and jurisdiction: Chapter 10.25 RCW.

4.12.050

4.12.050 Affidavit of prejudice.

4.12.050 Affidavit of prejudice. (1) Any party to or

any attorney appearing in any action or proceeding in a supe

rior court, may establish such prejudice by motion, supported

by affidavit that the judge before whom the action is pending

is prejudiced against such party or attorney, so that such party

or attorney cannot, or believes that he or she cannot, have a

fair and impartial trial before such judge: PROVIDED, That

such motion and affidavit is filed and called to the attention

of the judge before he or she shall have made any ruling

whatsoever in the case, either on the motion of the party mak

ing the affidavit, or on the motion of any other party to the

action, of the hearing of which the party making the affidavit

has been given notice, and before the judge presiding has

made any order or ruling involving discretion, but the

arrangement of the calendar, the setting of an action, motion

or proceeding down for hearing or trial, the arraignment of

the accused in a criminal action or the fixing of bail, shall not

be construed as a ruling or order involving discretion within

the meaning of this proviso; and in any event, in counties

where there is but one resident judge, such motion and affida

vit shall be filed not later than the day on which the case is

called to be set for trial: AND PROVIDED FURTHER, That

notwithstanding the filing of such motion and affidavit, if the

parties shall, by stipulation in writing agree, such judge may

Removal of Certain Actions to Superior Court 4.14.010

(2016 Ed.) [Title 4 RCW—page 5]

hear argument and rule upon any preliminary motions,

demurrers, or other matter thereafter presented: AND PRO

VIDED FURTHER, That no party or attorney shall be per-

mitted to make more than one such application in any action

or proceeding under this section and RCW 4.12.040.

(2) This section does not apply to water right adjudica-

tions filed under chapter 90.03 or 90.44 RCW. Disqualifica-

tion of judges in water right adjudications is governed by

RCW 90.03.620. [2009 c 332 § 20; 1941 c 148 § 1; 1927 c

145 § 2; 1911 c 121 § 2; Rem. Supp. 1941 § 209-2.]

Rules of court: Demurrers abolished—CR 7(c).

Application—2009 c 332: See note following RCW 90.03.110.

4.12.06 0

4.12.060 To what county venue may be changed—Limitation on number of changes.

4.12.060 To what county venue may be changed—

Limitation on number of changes. If the motion for a

change of the place of trial be allowed, the change shall be

made to the county where the action ought to have been com

menced, if it be for the cause mentioned in RCW 4.12.030(1),

and in other cases to the most convenient county where the

cause alleged does not exist. Neither party shall be entitled to

more than one change of the place of trial, except for causes

not in existence when the first change was allowed. [Code

1881 § 52; 1877 p 12 § 53; 1869 p 14 § 53; RRS § 210.]

4.12.07 0

4.12.070 Change to newly created county.

4.12.070 Change to newly created county. Any party

in a civil action pending in the superior court in a county out

of whose limits a new county, in whole or in part, has been

created, may file with the clerk of such superior court an affi

davit setting forth that he or she is a resident of such newly

created county, and that the venue of such action is transitory,

or that the venue of such action is local, and that it ought

properly to be tried in such newly created county; and there

upon the clerk shall make out a transcript of the proceedings

already had in such action in such superior court, and certify

it under the seal of the court, and transmit such transcript,

together with the papers on file in his or her office connected

with such action, to the clerk of the superior court of such

newly created county, wherein it shall be proceeded with as

in other cases. [2011 c 336 § 80; 1891 c 33 § 2; Code 1881 §

53; 1877 p 12 § 54; 1869 p 14 § 54; 1854 p 377 § 2; RRS §

211.]

4.12.08 0

4.12.080 Change by stipulation.

4.12.080 Change by stipulation. Notwithstanding the

provisions of RCW 4.12.030 all the parties to the action by

stipulation in writing or by consent in open court entered in

the records may agree that the place of trial be changed to any

county of the state, and thereupon the court must order the

change agreed upon. [Code 1881 § 55; 1877 p 13 § 56; RRS

§ 216.]

4.12.09 0

4.12.090 Transmission of record on change of venue—Costs, attorney's fee.

4.12.090 Transmission of record on change of

venue—Costs, attorney's fee. (1) When an order is made

transferring an action or proceeding for trial, the clerk of the

court must transmit the pleadings and papers therein to the

court to which it is transferred and charge a fee as provided in

RCW 36.18.016. The costs and fees thereof and of filing the

papers anew must be paid by the party at whose instance the

order was made, except in the cases mentioned in RCW

4.12.030(1), in which case the plaintiff shall pay costs of

transfer and, in addition thereto, if the court finds that the

plaintiff could have determined the county of proper venue

with reasonable diligence, it shall order the plaintiff to pay

the reasonable attorney's fee of the defendant for the chang

ing of venue to the proper county. The court to which an

action or proceeding is transferred has and exercises over the

same the like jurisdiction as if it had been originally com

menced therein.

(2) In acting on any motion for dismissal without preju-

dice in a case where a motion for change of venue under sub-

section (1) of this section has been made, the court shall, if it

determines the motion for change of venue proper, determine

the amount of attorney's fee properly to be awarded to defen

dant and, if the action be dismissed, the attorney's fee shall be

a setoff against any claim subsequently brought on the same

cause of action. [2005 c 457 § 11; 1969 ex.s. c 144 § 1; Code

1881 § 54; 1877 p 12 § 55; 1875 p 7 § 10; 1869 p 14 §§ 55,

56; RRS § 215.]

Intent—2005 c 457: See note following RCW 43.08.250.

4.12.100

4.12.100 Transcript of record entries.

4.12.100 Transcript of record entries. The clerk of the

court must also transmit with the original papers where an

order is made changing the place of trial, a certified transcript

of all record entries up to and including the order for such

change. [Code 1881 § 58; 1877 p 13 § 59; RRS § 219.]

4.12.110

4.12.110 Effect of neglect of moving party.

4.12.110 Effect of neglect of moving party. If such

papers be not transmitted to the clerk of the proper court

within the time prescribed in the order allowing the change,

and the delay be caused by the act or omission of the party

procuring the change, the adverse party, on motion to the

court or judge thereof, may have the order vacated, and there

after no other change of the place of trial shall be allowed to

such party. [Code 1881 § 56; 1877 p 13 § 57; 1869 p 15 § 57;

1854 p 135 § 21; RRS § 217.]

4.12.120

4.12.120 Change deemed complete, when.

4.12.120 Change deemed complete, when. Upon the

filing of the papers with the clerk of the court to which the

cause is transferred, the change of venue shall be deemed

complete, and thereafter the action shall proceed as though it

had been commenced in that court. [Code 1881 § 57; 1877 p

13 § 58; 1869 p 15 § 58; 1854 p 135 § 22; RRS § 218.]

Chapter 4.14

Chapter 4.14 RCW

4.14 REMOVAL OF CERTAIN ACTIONS TO SUPERIOR COURT

REMOVAL OF CERTAIN ACTIONS TO SUPERIOR

COURT

Sections

4.14.010 Removal of certain actions from justice court to superior court

authorized—Grounds—Joint claims or actions—Excep-

tions.

4.14.020 Petition for removal—Contents—Filing—Notice.

4.14.030 Orders and process upon removal—Remand of cases improvi-

dently removed.

4.14.040 Attached property—Custody.

4.14.010

4.14.01 0 Removal of certain actions from justice cou rt to super ior court authorized—Grounds—Joint claims or actions—Exceptions.

4.14.010 Removal of certain actions from justice

court to superior court authorized—Grounds—Joint

claims or actions—Exceptions. Whenever the removal of

such action to superior court is required in order to acquire

jurisdiction over a third party defendant, who is or may be lia

ble to the defendant for all or part of the judgment and resides

outside the county wherein the action was commenced, any

civil action which could have been brought in superior court

4.14.020 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 6] (2016 Ed.)

may, if commenced in district court, be removed by the

defendant or defendants to the superior court for the county

where such action is pending if the district court determines

that there are reasonable grounds to believe that a third party

may be liable to the plaintiff and issues an order so stating.

Whenever a separate or independent claim or cause of

action which would be removable if sued upon alone is joined

with one or more otherwise nonremovable claims or causes

of action, the entire case may be removed and the superior

court may determine all issues therein, or, in its discretion,

may remand all matters not otherwise within its original

jurisdiction.

This section does not apply to cases originally filed in

the small claims department of a district court, or transferred

to the small claims department pursuant to RCW 12.40.025,

except as set forth in RCW 12.40.027. [1997 c 352 § 6; 1967

ex.s. c 46 § 4.]

4.14.02 0

4.14.020 Peti tion for removal—Contents—F iling—Notice.

4.14.020 Petition for removal—Contents—Filing—

Notice. (1) A defendant or defendants desiring to remove

any civil action from a justice court as authorized by RCW

4.14.010 shall file in the superior court in the county where

such action is pending, a verified petition containing a short

and plain statement of the facts which entitle him, her, or

them to removal together with a copy of all process, plead

ings and orders served upon him, her, or them in such action.

(2) The petition for removal of a civil action or proceed-

ing shall be filed within twenty days after the receipt by the

defendant, through service or otherwise, of a copy of the ini

tial pleading setting forth the claim for relief upon which such

action or proceeding is based.

If the case stated by the initial pleading is not removable,

a petition for removal may be filed within twenty days after

receipt by the defendant, through service or otherwise, of a

copy of an amended pleading, motion, order, or other paper,

including the defendant's answer, from which it may first be

ascertained that the case is or has become removable.

(3) Promptly after the filing of such petition the defen-

dant or defendants shall give written notice thereof to all

adverse parties and shall file a copy of the petition with the

justice court, which shall effect the removal and the justice

court shall proceed no further unless and until the case is

remanded. [2011 c 336 § 81; 1967 ex.s. c 46 § 5.]

4.14.03 0

4.14.030 Orders and process upon removal—Remand of cases improvidently removed.

4.14.030 Orders and process upon removal—

Remand of cases improvidently removed. In any case

removed from justice court under the provisions of this chap

ter, the superior court may issue all necessary orders and pro-

cess to bring before it all proper parties whether served by

process issued by the justice court or otherwise.

If at any time before final judgment it appears that the

case was removed improvidently and without jurisdiction,

the superior court shall remand the case, and may order the

payment of just costs. A certified copy of the order of remand

shall be mailed by the clerk of the superior court to the justice

court. The justice court may thereupon proceed with such

case. [1967 ex.s. c 46 § 6.]

4.14.04 0

4.14.04 0 Attached p roperty—Cust ody.

4.14.040 Attached property—Custody. Whenever

any action is removed from a justice court to a superior court

under the provisions of this chapter, any attachment or

sequestration of the property of the defendant in such action

in the justice court shall remain in the custody of the sheriff

to answer the final judgment or decree in the same manner as

would have been held to answer had the cause been brought

in the superior court originally. [1967 ex.s. c 46 § 7.]

Chapter 4.16

Chapter 4.16 RCW

4.16 LIMITATION OF ACTIONS

LIMITATION OF ACTIONS

Sections

4.16.005 Commencement of actions.

4.16.020 Actions to be commenced within ten years—Exception.

4.16.030 Actions to foreclose special assessments.

4.16.040 Actions limited to six years.

4.16.050 Action on irrigation or drainage district warrant.

4.16.060 Action on irrigation district bonds.

4.16.070 Actions limited to five years.

4.16.080 Actions limited to three years.

4.16.090 Action to cancel tax deed.

4.16.100 Actions limited to two years.

4.16.110 Actions limited to one year.

4.16.115 Special provisions for action on penalty.

4.16.130 Action for relief not otherwise provided for.

4.16.150 Action on mutual open accounts.

4.16.160 Application of limitations to actions by state, counties, munic-

ipalities.

4.16.170 Tolling of statute—Actions, when deemed commenced or not

commenced.

4.16.180 Statute tolled by absence from state, concealment, etc.

4.16.190 Statute tolled by personal disability.

4.16.200 Statute tolled by death.

4.16.210 Statute tolled—By war as to enemy alien.

4.16.220 Statute tolled—As to person in military service of United

States.

4.16.230 Statute tolled by judicial proceedings.

4.16.240 Effect of reversal of judgment on appeal.

4.16.250 Disability must exist when right of action accrued.

4.16.260 Coexisting disabilities.

4.16.270 Effect of partial payment.

4.16.280 New promise must be in writing.

4.16.290 Foreign statutes of limitation, how applied.

4.16.300 Actions or claims arising from construction, alteration, repair,

design, planning, survey, engineering, etc., of improvements

upon real property.

4.16.310 Actions or claims arising from construction, alteration, repair,

design, planning, survey, engineering, etc., of improvements

upon real property—Accrual and limitations of actions or

claims.

4.16.320 Actions or claims arising from construction, alteration, repair,

design, planning, survey, engineering, etc., of improvements

upon real property—Construction.

4.16.325 Actions or claims arising from construction defect claims—

Statute tolled.

4.16.326 Actions or claims for construction defect claims—Compara-

tive fault.

4.16.327 Actions or claims for construction defects—Emergency

repairs.

4.16.340 Actions based on childhood sexual abuse.

4.16.350 Action for injuries resulting from health care or related ser-

vices—Physicians, dentists, nurses, etc.—Hospitals, clinics,

nursing homes, etc.

4.16.360 Application of chapter to paternity action.

4.16.370 Actions against personal representative or trustee for breach of

fiduciary duties—Statute of limitations.

Claims against

counties: RCW 36.32.330; chapter 36.45 RCW.

estates: RCW 11.40.051, 11.40.060.

the state: RCW 4.92.050.

Contribution between joint tort feasors: RCW 4.22.050.

Criminal procedure, limitation of actions: RCW 9A.04.080.

Garnishment writ, dismissal after one year: RCW 6.27.310.

Lawyer discipline: Rules of court—RLD 12.10.

Product liability actions: RCW 7.72.060(3).

Tax liability, action by another state, limitation: RCW 4.24.140.

Uniform conflict of laws—Limitations act: Chapter 4.18 RCW.

Limitation of Actions 4.16.070

(2016 Ed.) [Title 4 RCW—page 7]

Usury, business organizations engaged in lending or real estate develop-

ment cannot bring action: RCW 19.52.080.

4.16.00 5

4.16.005 Commencement of actions.

4.16.005 Commencement of actions. Except as other-

wise provided in this chapter, and except when in special

cases a different limitation is prescribed by a statute not con

tained in this chapter, actions can only be commenced within

the periods provided in this chapter after the cause of action

has accrued. [1989 c 14 § 1.]

4.16.02 0

4.16.020 Actions to be commenced within ten years—Exception.

4.16.020 Actions to be commenced within ten years—

Exception. The period prescribed for the commencement of

actions shall be as follows:

Within ten years:

(1) For actions for the recovery of real property, or for

the recovery of the possession thereof; and no action shall be

maintained for such recovery unless it appears that the plain

tiff, his or her ancestor, predecessor or grantor was seized or

possessed of the premises in question within ten years before

the commencement of the action.

(2) For an action upon a judgment or decree of any court

of the United States, or of any state or territory within the

United States, or of any territory or possession of the United

States outside the boundaries thereof, or of any extraterrito

rial court of the United States, unless the period is extended

under RCW 6.17.020 or a similar provision in another juris

diction.

(3) Of the eighteenth birthday of the youngest child

named in the order for whom support is ordered for an action

to collect past due child support that has accrued under an

order entered after July 23, 1989, by any of the above-named

courts or that has accrued under an administrative order as

defined in RCW 74.20A.020(6), which is issued after July

23, 1989. [2002 c 261 § 2; 1994 c 189 § 2; 1989 c 360 § 1;

1984 c 76 § 1; 1980 c 105 § 1; Code 1881 § 26; 1877 p 7 § 26;

1854 p 363 § 2; RRS § 156.]

Adverse possession

limitation tolled when personal disability: RCW 7.28.090.

recovery of realty, limitation: RCW 7.28.050.

Additional notes found at www.leg.wa.gov

4.16.03 0

4.16.030 Actions to foreclose special assessments.

4.16.030 Actions to foreclose special assessments. An

action to collect any special assessment for local improve

ments of any kind against any person, corporation or property

whatsoever, or to enforce any lien for any special assessment

for local improvements of any kind, whether said action be

brought by a municipal corporation or by the holder of any

delinquency certificate, or by any other person having the

right to bring such an action, shall be commenced within ten

years after such assessment shall have become delinquent, or

due, or within ten years after the last installment of any such

special assessment shall have become delinquent or due

when said special assessment is payable in installments.

[1907 c 182 § 1; Rem. Supp. 1945 § 10322C-1.]

Actions brought by code city: RCW 35A.21.200.

Actions to foreclose special assessments in cities or towns: RCW 35.50.050.

4.16.04 0

4.16.040 Actio ns limited to six years.

4.16.040 Actions limited to six years. The following

actions shall be commenced within six years:

(1) An action upon a contract in writing, or liability

express or implied arising out of a written agreement, except

as provided for in RCW 64.04.007(2).

(2) An action upon an account receivable. For purposes

of this section, an account receivable is any obligation for

payment incurred in the ordinary course of the claimant's

business or profession, whether arising from one or more

transactions and whether or not earned by performance.

(3) An action for the rents and profits or for the use and

occupation of real estate. [2012 c 185 § 3; 2007 c 124 § 1;

1989 c 38 § 1; 1980 c 105 § 2; 1927 c 137 § 1; Code 1881 §

27; 1854 p 363 § 3; RRS § 157.]

Application—2007 c 124: "This act applies to all causes of action on

accounts receivable, whether commenced before or after July 22, 2007."

[2007 c 124 § 2.]

Additional notes found at www.leg.wa.gov

4.16.050

4.16.050 Action on irrigation or drainage district warrant.

4.16.050 Action on irrigation or drainage district

warrant. Action to enforce any right arising out of the issu

ance or ownership of any warrant of an irrigation or drainage

district organized under the laws of this state, must be

brought within six years from and after the date of the issu

ance of such warrant. [1931 c 75 § 1; RRS § 157-1.]

Reviser's note: Transitional proviso omitted. The proviso reads: "PRO-

VIDED, That this section shall not apply to actions not otherwise barred on

warrants heretofore issued, if the same shall be commenced within one year

after the taking effect of this act".

4.16.060

4.16.060 Action on irrigation district bonds.

4.16.060 Action on irrigation district bonds. No

action against any irrigation district organized under the laws

of this state, or its officers, to enforce any right or claim aris

ing out of the issuance or ownership of any negotiable bond,

payable on a day certain, of the irrigation district, where such

district is under contract with the United States, or any

department or agency thereof, to sell its lands and its right,

title and interest in its distribution canals and pipelines and its

water rights, thereby necessitating the discontinuance of the

district operation upon fulfillment of the contract, shall be

brought after a period of six years from and after the maturity

date of such bond. [1939 c 57 § 1; RRS § 157-2.]

Reviser's note: Transitional proviso omitted. The proviso reads: "PRO-

VIDED, That this section shall not apply to actions not otherwise barred on

such irrigation district bonds heretofore issued, if the same shall be com

menced within six (6) months after the taking effect of this act".

4.16.070

4.16.070 Actions limited to five years.

4.16.070 Actions limited to five years. No action for

the recovery of any real estate sold by an executor or admin

istrator under the laws of this state shall be maintained by any

heir or other person claiming under the deceased, unless it is

commenced within five years next after the sale, and no

action for any estate sold by a guardian shall be maintained

by the ward, or by any person claiming under him or her,

unless commenced within five years next after the termina

tion of the guardianship, except that minors, and other per-

sons under legal disability to sue at the time when the right of

action first accrued, may commence such action at any time

within three years after the removal of the disability. [2011 c

336 § 82; 1890 p 81 § 1; RRS § 158. Prior: 1863 p 245 §§

251, 252; 1860 p 205 §§ 217, 218; 1854 p 290 §§ 137, 138.]

Age of majority: Chapter 26.28 RCW.

Probate

actions by and against executors, etc.: Chapter 11.48 RCW.

4.16.080 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 8] (2016 Ed.)

guardianship: Chapters 11.88, 11.92 RCW.

sales and mortgages of real estate: Chapter 11.56 RCW; RCW 11.60.010.

Sales not voided by irregularities: RCW 11.56.115.

4.16.08 0

4.16.080 Actio ns limited to three years.

4.16.080 Actions limited to three years. The following

actions shall be commenced within three years:

(1) An action for waste or trespass upon real property;

(2) An action for taking, detaining, or injuring personal

property, including an action for the specific recovery

thereof, or for any other injury to the person or rights of

another not hereinafter enumerated;

(3) Except as provided in RCW 4.16.040(2), an action

upon a contract or liability, express or implied, which is not

in writing, and does not arise out of any written instrument;

(4) An action for relief upon the ground of fraud, the

cause of action in such case not to be deemed to have accrued

until the discovery by the aggrieved party of the facts consti

tuting the fraud;

(5) An action against a sheriff, coroner, or constable

upon a liability incurred by the doing of an act in his or her

official capacity and by virtue of his or her office, or by the

omission of an official duty, including the nonpayment of

money collected upon an execution; but this subsection shall

not apply to action for an escape;

(6) An action against an officer charged with misappro-

priation or a failure to properly account for public funds

intrusted to his or her custody; an action upon a statute for

penalty or forfeiture, where an action is given to the party

aggrieved, or to such party and the state, except when the

statute imposing it prescribed a different limitation: PRO

VIDED, HOWEVER, The cause of action for such misappro-

priation, penalty, or forfeiture, whether for acts heretofore or

hereafter done, and regardless of lapse of time or existing

statutes of limitations, or the bar thereof, even though com

plete, shall not be deemed to accrue or to have accrued until

discovery by the aggrieved party of the act or acts from which

such liability has arisen or shall arise, and such liability,

whether for acts heretofore or hereafter done, and regardless

of lapse of time or existing statute of limitation, or the bar

thereof, even though complete, shall exist and be enforceable

for three years after discovery by aggrieved party of the act or

acts from which such liability has arisen or shall arise. [2011

c 336 § 83; 1989 c 38 § 2; 1937 c 127 § 1; 1923 c 28 § 1; Code

1881 § 28; 1869 p 8 § 28; 1854 p 363 § 4; RRS § 159.]

Reviser's note: Transitional proviso omitted from subsection (6). The

proviso reads: "PROVIDED, FURTHER, That no action heretofore barred

under the provisions of this paragraph shall be commenced after ninety days

from the time this act becomes effective;".

4.16.09 0

4.16.090 Action to cancel tax deed.

4.16.090 Action to cancel tax deed. Actions to set

aside or cancel any deed heretofore or hereafter issued by any

county treasurer after and upon the sale of lands for general,

state, county or municipal taxes, or upon the sale of lands

acquired by any county on foreclosure of general, state,

county or municipal taxes, or for the recovery of any lands so

sold, must be brought within three years from and after the

date of the issuance of such treasurer's deed. [1949 c 74 § 1;

1907 c 173 § 1; Rem. Supp. 1949 § 162.]

Reviser's note: Transitional proviso omitted. The proviso reads: "PRO-

VIDED, This act shall not apply to actions not otherwise barred on deeds

heretofore issued if the same be commenced within one year after the pas

sage of this act".

4.16.100

4.16.100 Actions limited to two years.

4.16.100 Actions limited to two years. Within two

years:

(1) An action for libel, slander, assault, assault and bat-

tery, or false imprisonment.

(2) An action upon a statute for a forfeiture or penalty to

the state. [Code 1881 § 29; 1877 p 8 § 29; 1869 p 9 § 29;

1854 p 363 § 5; RRS § 160.]

Limitation of action for recovery of transportation charges: RCW 81.28.270.

4.16.110

4.16.110 Actions limited to one year.

4.16.110 Actions limited to one year. Within one year

an action shall be brought against a sheriff, or other officer

for the escape of a prisoner arrested or imprisoned on civil

process. [1985 c 11 § 2. Prior: 1984 c 149 § 1; Code 1881 §

30; 1877 p 8 § 30; 1869 p 9 § 30; 1854 p 364 § 5; RRS § 161.]

Reviser's note: 1985 c 11 reenacted RCW 4.16.110 and 4.16.370 with-

out amendment.

Purpose—1985 c 11: "The purpose of this act is to make technical cor-

rections to chapter 149, Laws of 1984, and to ensure that the changes made

in that chapter meet the constitutional requirements of Article II, section 19

of the state Constitution." [1985 c 11 § 1.]

Sheriff, civil liability: RCW 36.28.150.

Additional notes found at www.leg.wa.gov

4.16.115

4.16.115 Special provisions for action on penalty.

4.16.115 Special provisions for action on penalty. An

action upon a statute for a penalty given in whole or in part to

the person who may prosecute for the same, shall be com

menced within three years [one year] after the commission of

the offense; and if the action be not commenced within one

year by a private party, it may be commenced within two

years after the commission of the offense in behalf of the

state by the prosecuting attorney of the county, where said

offense was committed. [1877 p 9 § 31; 1854 p 364 § 6; RRS

§ 163. Formerly RCW 4.16.140. Cf. Code 1881 § 31.]

Reviser's note: "one year" appeared in Laws of 1854 and 1877; "three

years" appears in Code of 1881.

4.16.130

4.16.130 Action for relief not otherwise provided for.

An action for relief not hereinbefore provided for, shall be

commenced within two years after the cause of action shall

have accrued. [Code 1881 § 33; 1877 p 9 § 32; 1854 p 364 §

7; RRS § 165.]

Limitation of action to recover taxes paid: RCW 84.68.060.

4.16.150

4.16.150 Action on mutual open accounts.

4.16.150 Action on mutual open accounts. In an

action brought to recover a balance due upon a mutual open

and current account, where there have been reciprocal

demands between the parties, the cause of action shall be

deemed to have accrued from the time of the last item proved

in the account on either side, but whenever a period of more

than one year shall have elapsed between any of a series of

items or demands, they are not to be deemed such an account.

[Code 1881 § 34; 1877 p 9 § 33; 1869 p 10 § 33; 1854 p 364

§ 8; RRS § 166.]

4.16.160

4.16.160 Application of limitations to actions by state, counties, municipa lities.

4.16.160 Application of limitations to actions by

state, counties, municipalities. The limitations prescribed

in this chapter shall apply to actions brought in the name or

for the benefit of any county or other municipality or quasi

municipality of the state, in the same manner as to actions

brought by private parties: PROVIDED, That, except as pro

vided in RCW 4.16.310, there shall be no limitation to

actions brought in the name or for the benefit of the state, and

Limitation of Actions 4.16.240

(2016 Ed.) [Title 4 RCW—page 9]

no claim of right predicated upon the lapse of time shall ever

be asserted against the state: AND FURTHER PROVIDED,

That no previously existing statute of limitations shall be

interposed as a defense to any action brought in the name or

for the benefit of the state, although such statute may have

run and become fully operative as a defense prior to February

27, 1903, nor shall any cause of action against the state be

predicated upon such a statute. [1986 c 305 § 701; 1955 c 43

§ 2. Prior: 1903 c 24 § 1; Code 1881 § 35; 1873 p 10 §§ 34,

35; 1869 p 10 §§ 34, 35; 1854 p 364 § 9; RRS § 167, part.]

Additional notes found at www.leg.wa.gov

4.16.17 0

4.16.170 Tolling of statute—Actions, when deemed commenced or not commenced.

4.16.170 Tolling of statute—Actions, when deemed

commenced or not commenced. For the purpose of tolling

any statute of limitations an action shall be deemed com

menced when the complaint is filed or summons is served

whichever occurs first. If service has not been had on the

defendant prior to the filing of the complaint, the plaintiff

shall cause one or more of the defendants to be served per

sonally, or commence service by publication within ninety

days from the date of filing the complaint. If the action is

commenced by service on one or more of the defendants or

by publication, the plaintiff shall file the summons and com

plaint within ninety days from the date of service. If follow-

ing service, the complaint is not so filed, or following filing,

service is not so made, the action shall be deemed to not have

been commenced for purposes of tolling the statute of limita

tions. [1971 ex.s. c 131 § 1; 1955 c 43 § 3. Prior: 1903 c 24

§ 1; Code 1881 § 35; 1873 p 10 § 35; 1869 p 10 § 35; RRS §

167, part.]

4.16.18 0

4.16.180 Statute tolled by absence from state, concealment, etc.

4.16.180 Statute tolled by absence from state, con-

cealment, etc. If the cause of action shall accrue against any

person who is a nonresident of this state, or who is a resident

of this state and shall be out of the state, or concealed therein,

such action may be commenced within the terms herein

respectively limited after the coming, or return of such person

into the state, or after the end of such concealment; and if

after such cause of action shall have accrued, such person

shall depart from and reside out of this state, or conceal him

self or herself, the time of his or her absence or concealment

shall not be deemed or taken as any part of the time limit for

the commencement of such action. [2011 c 336 § 84; 1927 c

132 § 1; Code 1881 § 36; 1854 p 364 § 10; RRS § 168.]

4.16.19 0

4.16.190 Stat ute tolled by personal dis ability.

4.16.190 Statute tolled by personal disability. (1)

Unless otherwise provided in this section, if a person entitled

to bring an action mentioned in this chapter, except for a pen

alty or forfeiture, or against a sheriff or other officer, for an

escape, be at the time the cause of action accrued either under

the age of eighteen years, or incompetent or disabled to such

a degree that he or she cannot understand the nature of the

proceedings, such incompetency or disability as determined

according to chapter 11.88 RCW, or imprisoned on a crimi

nal charge prior to sentencing, the time of such disability

shall not be a part of the time limited for the commencement

of action.

(2) Subsection (1) of this section with respect to a person

under the age of eighteen years does not apply to the time

limited for the commencement of an action under RCW

4.16.350. [2006 c 8 § 303; 1993 c 232 § 1; 1977 ex.s. c 80 §

2; 1971 ex.s. c 292 § 74; Code 1881 § 37; 1877 p 9 § 38; 1869

p 10 § 38; 1861 p 61 § 1; 1854 p 364 § 11; RRS § 169.]

Findings—Intent—Part headings and subheadings not law—Sever-

ability—2006 c 8: See notes following RCW 5.64.010.

Purpose—Intent—1977 ex.s. c 80: "It is the purpose of the legislature

in enacting this 1977 amendatory act to provide for a comprehensive revision

of out-dated and offensive language, procedures and assumptions that have

previously been used to identify and categorize mentally, physically, and

sensory handicapped citizens. It is legislative intent that language references

such as idiots, imbeciles, feeble-minded or defective persons be deleted and

replaced with more appropriate references to reflect current statute law more

recently enacted by the federal government and this legislature. It is legisla

tive belief that use of the undefined term "insanity" be avoided in preference

to the use of a process for defining incompetency or disability as fully set

forth in chapter 11.88 RCW; that language that has allowed or implied a pre

sumption of incompetency or disability on the basis of an apparent condition

or appearance be deleted in favor of a reference to necessary due process

allowing a judicial determination of the existence or lack of existence of such

incompetency or disability." [1977 ex.s. c 80 § 1.]

Adverse possession, personal disability, limitation tolled: RCW 7.28.090.

Additional notes found at www.leg.wa.gov

4.16.200

4.16.200 Statute tolled by death.

4.16.200 Statute tolled by death. Limitations on

actions against a person who dies before the expiration of the

time otherwise limited for commencement thereof are as set

forth in chapter 11.40 RCW. Subject to the limitations on

claims against a deceased person under chapter 11.40 RCW,

if a person entitled to bring an action dies before the expira

tion of the time limited for the commencement thereof, and

the cause of action survives, an action may be commenced by

his or her representatives after the expiration of the time and

within one year from his or her death. [2011 c 336 § 85; 1989

c 333 § 8; Code 1881 § 38; 1877 p 9 § 38; 1854 p 364 § 12;

RRS § 170.]

Decedents, claims against, time limits: RCW 11.40.051, 11.40.060.

Additional notes found at www.leg.wa.gov

4.16.210

4.16.210 St atut e tolled—By war as to e nemy alien.

4.16.210 Statute tolled—By war as to enemy alien.

When a person shall be an alien subject or a citizen of a coun

try at war with the United States, the time of the continuance

of the war shall not be a part of the period limited for the

commencement of the action. [1941 c 174 § 1, part; Code

1881 § 39; 1854 p 365 § 13; Rem. Supp. 1941 § 171, part.]

4.16.220

4.16.220 Stat ute tolled—As to person in military service of United States.

4.16.220 Statute tolled—As to person in military ser-

vice of United States. When the enforcement of civil liabil-

ities against a person in the military service of the United

States has been suspended by operation of law, the period of

such suspension shall not be a part of the period limited for

the commencement of the action. [1941 c 174 § 1, part; Code

1881 § 39; 1854 p 365 § 13; Rem. Supp. 1941 § 171, part.]

Application of federal law: RCW 73.16.070.

4.16.230

4.16.230 Statute tolled by judicial proceedings.

When the commencement of an action is stayed by injunction

or a statutory prohibition, the time of the continuance of the

injunction or prohibition shall not be a part of the time limited

for the commencement of the action. [Code 1881 § 40; 1877

p 10 § 41; 1854 p 365 § 14; RRS § 172.]

4.16.240

4.16.240 Effect of reversal of judgme nt on appeal.

4.16.240 Effect of reversal of judgment on appeal. If

an action shall be commenced within the time prescribed

therefor, and a judgment therein for the plaintiff be reversed

4.16.250 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 10] (2016 Ed.)

on error or appeal, the plaintiff, or if he or she dies and the

cause of action survives, his or her heirs or representatives

may commence a new action within one year after reversal.

[2011 c 336 § 86; Code 1881 § 41; 1877 p 10 § 42; 1854 p

365 § 15; RRS § 173.]

4.16.25 0

4.16.250 Disability must exist when right of action accrued.

4.16.250 Disability must exist when right of action

accrued. No person shall avail himself or herself of a dis

ability unless it existed when his or her right of action

accrued. [2011 c 336 § 87; Code 1881 § 42; 1877 p 10 § 43;

1854 p 365 § 16; RRS § 174.]

4.16.26 0

4.16.260 Coexisting disabilities.

4.16.260 Coexisting disabilities. When two or more

disabilities shall coexist at the time the right of action

accrues, the limitation shall not attach until they all be

removed. [Code 1881 § 43; 1877 p 10 § 44; 1854 p 365 § 17;

RRS § 175.]

4.16.27 0

4.16.27 0 Effect of partial payme nt.

4.16.270 Effect of partial payment. When any pay-

ment of principal or interest has been or shall be made upon

any existing contract, whether it be a bill of exchange, prom

issory note, bond or other evidence of indebtedness, if such

payment be made after the same shall have become due, the

limitation shall commence from the time the last payment

was made. [Code 1881 § 45; 1877 p 10 § 46; 1854 p 365 §

19; RRS § 177.]

4.16.28 0

4.16.28 0 New promis e must be in writing.

4.16.280 New promise must be in writing. No

acknowledgment or promise shall be sufficient evidence of a

new or continuing contract whereby to take the case out of

the operation of this chapter, unless it is contained in some

writing signed by the party to be charged thereby; but this

section shall not alter the effect of any payment of principal

or interest. [Code 1881 § 44; 1877 p 10 § 45; 1854 p 365 §

18; RRS § 176.]

4.16.29 0

4.16.290 Fore ign statutes of limitation , how applied.

4.16.290 Foreign statutes of limitation, how applied.

When the cause of action has arisen in another state, territory

or country between nonresidents of this state, and by the laws

of the state, territory or country where the action arose, an

action cannot be maintained thereon by reason of the lapse of

time, no action shall be maintained thereon in this state.

[Code 1881 § 46; 1877 p 10 § 47; 1854 p 365 § 20; RRS §

178.]

4.16.30 0

4.16.300 Actio ns or claims arising fro m construction, alteratio n, repair, design, plann ing, survey, engineer ing, etc., of improvements upon real property.

4.16.300 Actions or claims arising from construction,

alteration, repair, design, planning, survey, engineering,

etc., of improvements upon real property. RCW 4.16.300

through 4.16.320 shall apply to all claims or causes of action

of any kind against any person, arising from such person hav

ing constructed, altered or repaired any improvement upon

real property, or having performed or furnished any design,

planning, surveying, architectural or construction or engi

neering services, or supervision or observation of construc-

tion, or administration of construction contracts for any con-

struction, alteration or repair of any improvement upon real

property. This section is specifically intended to benefit per

sons having performed work for which the persons must be

registered or licensed under RCW 18.08.310, 18.27.020,

18.43.040, 18.96.020, or 19.28.041, and shall not apply to

claims or causes of action against persons not required to be

so registered or licensed. [2004 c 257 § 1; 1986 c 305 § 703;

1967 c 75 § 1.]

Additional notes found at www.leg.wa.gov

4.16.310

4.16.310 Actions or claims arising from construction, alteration, repair, design, planning, surv ey, engineering, etc., of improvements upon real property—Accrual and limitations of actions or claims .

4.16.310 Actions or claims arising from construction,

alteration, repair, design, planning, survey, engineering,

etc., of improvements upon real property—Accrual and

limitations of actions or claims. All claims or causes of

action as set forth in RCW 4.16.300 shall accrue, and the

applicable statute of limitation shall begin to run only during

the period within six years after substantial completion of

construction, or during the period within six years after the

termination of the services enumerated in RCW 4.16.300,

whichever is later. The phrase "substantial completion of

construction" shall mean the state of completion reached

when an improvement upon real property may be used or

occupied for its intended use. Any cause of action which has

not accrued within six years after such substantial completion

of construction, or within six years after such termination of

services, whichever is later, shall be barred: PROVIDED,

That this limitation shall not be asserted as a defense by any

owner, tenant or other person in possession and control of the

improvement at the time such cause of action accrues. The

limitations prescribed in this section apply to all claims or

causes of action as set forth in RCW 4.16.300 brought in the

name or for the benefit of the state which are made or com

menced after June 11, 1986.

If a written notice is filed under RCW 64.50.020 within

the time prescribed for the filing of an action under this chap

ter, the period of time during which the filing of an action is

barred under RCW 64.50.020 plus sixty days shall not be a

part of the period limited for the commencement of an action,

nor for the application of this section. [2002 c 323 § 9; 1986

c 305 § 702; 1967 c 75 § 2.]

Additional notes found at www.leg.wa.gov

4.16.320

4.16.320 Actions or claims arising from construction, alteration, repair, design, planning, surv ey, engineering, etc., of improvements upon real property—Construction.

4.16.320 Actions or claims arising from construction,

alteration, repair, design, planning, survey, engineering,

etc., of improvements upon real property—Construction.

Nothing in RCW 4.16.300 through 4.16.320 shall be con

strued as extending the period now permitted by law for

bringing any kind of action. [1967 c 75 § 3.]

4.16.325

4.16.325 Actions or claims arising from construction defect claims—Statute tolled.

4.16.325 Actions or claims arising from construction

defect claims—Statute tolled. If a written notice of claim is

served under RCW 64.50.020 within the time prescribed for

the filing of an action under this chapter, the statutes of lim

itations for construction-related claims are tolled until sixty

days after the period of time during which the filing of an

action is barred under RCW 64.50.020. [2002 c 323 § 8.]

4.16.326

4.16.326 Actions or claims for construction defect claims—Comparative fau lt.

4.16.326 Actions or claims for construction defect

claims—Comparative fault. (1) Persons engaged in any

activity defined in RCW 4.16.300 may be excused, in whole

or in part, from any obligation, damage, loss, or liability for

those defined activities under the principles of comparative

fault for the following affirmative defenses:

(a) To the extent it is caused by an unforeseen act of

nature that caused, prevented, or precluded the activities

defined in RCW 4.16.300 from meeting the applicable build

ing codes, regulations, and ordinances in effect at the com-

Limitation of Actions 4.16.340

(2016 Ed.) [Title 4 RCW—page 11]

mencement of construction. For purposes of this section an

"unforeseen act of nature" means any weather condition,

earthquake, or man-made event such as war, terrorism, or

vandalism;

(b) To the extent it is caused by a homeowner's unrea-

sonable failure to minimize or prevent those damages in a

timely manner, including the failure of the homeowner to

allow reasonable and timely access for inspections and

repairs under this section. This includes the failure to give

timely notice to the builder after discovery of a violation, but

does not include damages due to the untimely or inadequate

response of a builder to the homeowner's claim;

her agent, employee, subcontractor, independent contractor,

or consultant by virtue of their failure to follow the builder's

or manufacturer's maintenance recommendations, or com

monly accepted homeowner maintenance obligations. In

order to rely upon this defense as it relates to a builder's rec

ommended maintenance schedule, the builder shall show that

the homeowner had written notice of the schedule, the sched

ule was reasonable at the time it was issued, and the home-

owner failed to substantially comply with the written sched-

ule;

(d) To the extent it is caused by the homeowner or his or

her agent's or an independent third party's alterations, ordi

nary wear and tear, misuse, abuse, or neglect, or by the struc-

ture's use for something other than its intended purpose;

(e) As to a particular violation for which the builder has

obtained a valid release;

(f) To the extent that the builder's repair corrected the

alleged violation or defect;

(g) To the extent that a cause of action does not accrue

within the statute of repose pursuant to RCW 4.16.310 or that

an actionable cause as set forth in RCW 4.16.300 is not filed

within the applicable statute of limitations. In contract actions

the applicable contract statute of limitations expires, regard

less of discovery, six years after substantial completion of

construction, or during the period within six years after the

termination of the services enumerated in RCW 4.16.300,

whichever is later;

(h) As to any causes of action to which this section does

not apply, all applicable affirmative defenses are preserved.

(2) This section does not apply to any civil action in tort

alleging personal injury or wrongful death to a person or per

sons resulting from a construction defect. [2003 c 80 § 1.]

4.16.32 7

4.16.327 Actions or claims for construction defects—Emergency repairs.

4.16.327 Actions or claims for construction defects—

Emergency repairs. Any person, including but not limited

to contractors, builders, tradespeople, and other providers of

construction, remodel, or repair services, who, without com

pensation or the expectation of compensation, renders emer-

gency repairs to any structure at the scene of any accident,

disaster, or emergency that has caused or resulted in damage

to the structure is not liable for civil damages resulting from

any act or omission in the rendering of such emergency

repairs, other than acts or omissions constituting gross negli

gence or willful or wanton misconduct. Any person rendering

emergency repairs during the course of regular employment

and receiving compensation or expecting to receive compen

sation for rendering such repairs is excluded from the protec-

tion of this section.

For the purposes of this section, "accident, disaster, or

emergency" includes an earthquake, windstorm, hurricane,

landslide, flood, volcanic eruption, explosion, fire, or any

similar occurrence. [2003 c 11 § 1.]

4.16.340

4.16.340 Actions based on childhood sexual abuse.

(1) All claims or causes of action based on intentional con

duct brought by any person for recovery of damages for

injury suffered as a result of childhood sexual abuse shall be

commenced within the later of the following periods:

(a) Within three years of the act alleged to have caused

the injury or condition;

(b) Within three years of the time the victim discovered

or reasonably should have discovered that the injury or con

dition was caused by said act; or

that the act caused the injury for which the claim is brought:

PROVIDED, That the time limit for commencement of

an action under this section is tolled for a child until the child

reaches the age of eighteen years.

(2) The victim need not establish which act in a series of

continuing sexual abuse or exploitation incidents caused the

injury complained of, but may compute the date of discovery

from the date of discovery of the last act by the same perpe

trator which is part of a common scheme or plan of sexual

abuse or exploitation.

(3) The knowledge of a custodial parent or guardian shall

not be imputed to a person under the age of eighteen years.

(4) For purposes of this section, "child" means a person

under the age of eighteen years.

(5) As used in this section, "childhood sexual abuse"

means any act committed by the defendant against a com

plainant who was less than eighteen years of age at the time

of the act and which act would have been a violation of chap

ter 9A.44 RCW or RCW 9.68A.040 or prior laws of similar

effect at the time the act was committed. [1991 c 212 § 2;

1989 c 317 § 2; 1988 c 144 § 1.]

Finding—Intent—1991 c 212: "The legislature finds that:

(1) Childhood sexual abuse is a pervasive problem that affects the safety

and well-being of many of our citizens.

(2) Childhood sexual abuse is a traumatic experience for the victim

causing long-lasting damage.

(3) The victim of childhood sexual abuse may repress the memory of the

abuse or be unable to connect the abuse to any injury until after the statute of

limitations has run.

(4) The victim of childhood sexual abuse may be unable to understand

or make the connection between childhood sexual abuse and emotional harm

or damage until many years after the abuse occurs.

(5) Even though victims may be aware of injuries related to the child-

hood sexual abuse, more serious injuries may be discovered many years

later.

(6) The legislature enacted RCW 4.16.340 to clarify the application of

the discovery rule to childhood sexual abuse cases. At that time the legisla

ture intended to reverse the Washington supreme court decision in Tyson v.

Tyson, 107 Wn.2d 72, 727 P.2d 226 (1986).

It is still the legislature's intention that Tyson v. Tyson, 107 Wn.2d 72,

727 P.2d 226 (1986) be reversed, as well as the line of cases that state that

discovery of any injury whatsoever caused by an act of childhood sexual

abuse commences the statute of limitations. The legislature intends that the

earlier discovery of less serious injuries should not affect the statute of lim

itations for injuries that are discovered later." [1991 c 212 § 1.]

Intent—1989 c 317: "(1) The legislature finds that possible confusion

may exist in interpreting the statute of limitations provisions for child sexual

abuse civil actions in RCW 4.16.190 and 4.16.340 regarding the accrual of a

cause of action for a person under age eighteen. The legislature finds that

amending RCW 4.16.340 will clarify that the time limit for commencement

4.16.350 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 12] (2016 Ed.)

of an action under RCW 4.16.340 is tolled until the child reaches age eigh-

teen. The 1989 amendment to RCW 4.16.340 is intended as a clarification of

existing law and is not intended to be a change in the law.

(2) The legislature further finds that the enactment of chapter 145, Laws

of 1988, which deleted specific reference to RCW 9A.44.070, 9A.44.080,

and 9A.44.100(1)(b) from RCW 9A.04.080 and also deleted those specific

referenced provisions from the laws of Washington, did not intend to change

the statute of limitations governing those offenses from seven to three years."

[1989 c 317 § 1.]

Additional notes found at www.leg.wa.gov

4.16.35 0

4.16.350 Actio n for injuries resulting fr om health care or relate d services—Physicians, den tists, nurses, etc.—Hospitals , clinics, nursing homes, etc.

4.16.350 Action for injuries resulting from health

care or related services—Physicians, dentists, nurses,

etc.—Hospitals, clinics, nursing homes, etc. Any civil

action for damages for injury occurring as a result of health

care which is provided after June 25, 1976, against:

(1) A person licensed by this state to provide health care

or related services, including, but not limited to, a physician,

osteopathic physician, dentist, nurse, optometrist, podiatric

physician and surgeon, chiropractor, physical therapist, psy

chologist, pharmacist, optician, physician's assistant, osteo-

pathic physician's assistant, nurse practitioner, or physician's

trained mobile intensive care paramedic, including, in the

event such person is deceased, his or her estate or personal

representative;

(2) An employee or agent of a person described in sub-

section (1) of this section, acting in the course and scope of

his or her employment, including, in the event such employee

or agent is deceased, his or her estate or personal representa

tive; or

(3) An entity, whether or not incorporated, facility, or

institution employing one or more persons described in sub

section (1) of this section, including, but not limited to, a hos-

pital, clinic, health maintenance organization, or nursing

home; or an officer, director, employee, or agent thereof act

ing in the course and scope of his or her employment, includ-

ing, in the event such officer, director, employee, or agent is

deceased, his or her estate or personal representative; based

upon alleged professional negligence shall be commenced

within three years of the act or omission alleged to have

caused the injury or condition, or one year of the time the

patient or his or her representative discovered or reasonably

should have discovered that the injury or condition was

caused by said act or omission, whichever period expires

later, except that in no event shall an action be commenced

more than eight years after said act or omission: PROVIDED,

That the time for commencement of an action is tolled upon

proof of fraud, intentional concealment, or the presence of a

foreign body not intended to have a therapeutic or diagnostic

purpose or effect, until the date the patient or the patient's rep

resentative has actual knowledge of the act of fraud or con-

cealment, or of the presence of the foreign body; the patient

or the patient's representative has one year from the date of

the actual knowledge in which to commence a civil action for

damages.

For purposes of this section, notwithstanding RCW

4.16.190, the knowledge of a custodial parent or guardian

shall be imputed to a person under the age of eighteen years,

and such imputed knowledge shall operate to bar the claim of

such minor to the same extent that the claim of an adult would

be barred under this section. Any action not commenced in

accordance with this section shall be barred.

For purposes of this section, with respect to care pro-

vided after June 25, 1976, and before August 1, 1986, the

knowledge of a custodial parent or guardian shall be imputed

as of April 29, 1987, to persons under the age of eighteen

years.

This section does not apply to a civil action based on

intentional conduct brought against those individuals or enti

ties specified in this section by a person for recovery of dam-

ages for injury occurring as a result of childhood sexual abuse

as defined in RCW 4.16.340(5). [2011 c 336 § 88; 2006 c 8

§ 302. Prior: 1998 c 147 § 1; 1988 c 144 § 2; 1987 c 212 §

1401; 1986 c 305 § 502; 1975-'76 2nd ex.s. c 56 § 1; 1971 c

80 § 1.]

Purpose—Findings—Intent—2006 c 8 §§ 301 and 302: "The purpose

of this section and section 302, chapter 8, Laws of 2006 is to respond to the

court's decision in DeYoung v. Providence Medical Center, 136 Wn.2d 136

(1998), by expressly stating the legislature's rationale for the eight-year stat

ute of repose in RCW 4.16.350.

The legislature recognizes that the eight-year statute of repose alone

may not solve the crisis in the medical insurance industry. However, to the

extent that the eight-year statute of repose has an effect on medical malprac

tice insurance, that effect will tend to reduce rather than increase the cost of

malpractice insurance.

Whether or not the statute of repose has the actual effect of reducing

insurance costs, the legislature finds it will provide protection against claims,

however few, that are stale, based on untrustworthy evidence, or that place

undue burdens on defendants.

In accordance with the court's opinion in DeYoung, the legislature fur-

ther finds that compelling even one defendant to answer a stale claim is a

substantial wrong, and setting an outer limit to the operation of the discovery

rule is an appropriate aim.

The legislature further finds that an eight-year statute of repose is a rea-

sonable time period in light of the need to balance the interests of injured

plaintiffs and the health care industry.

The legislature intends to reenact RCW 4.16.350 with respect to the

eight-year statute of repose and specifically set forth for the court the legis

lature's legitimate rationale for adopting the eight-year statute of repose. The

legislature further intends that the eight-year statute of repose reenacted by

section 302, chapter 8, Laws of 2006 be applied to actions commenced on or

after June 7, 2006." [2006 c 8 § 301.]

Findings—Intent—Part headings and subheadings not law—Sever-

ability—2006 c 8: See notes following RCW 5.64.010.

Actions for injuries resulting from health care: Chapter 7.70 RCW.

Complaint in personal injury actions not to include statement of damages:

RCW 4.28.360.

Evidence of furnishing or offering to pay medical expenses inadmissible to

prove liability in personal injury actions for medical negligence:

Chapter 5.64 RCW.

Immunity of members of professional review committees, societies, examin-

ing, licensing or disciplinary boards from civil suit: RCW 4.24.240.

Proof and evidence required in actions against hospitals, personnel and

members of healing arts: RCW 4.24.290.

Verdict or award of future economic damages in personal injury or property

damage action may provide for periodic payments: RCW 4.56.260.

Additional notes found at www.leg.wa.gov

4.16.360

4.16.360 Application of chapter to paternity action.

This chapter does not limit the time in which an action for

determination of paternity may be brought under chapter

26.26 RCW. [1983 1st ex.s. c 41 § 13.]

Additional notes found at www.leg.wa.gov

4.16.370

4.16.370 Actions against personal representative or trustee for breach of fiduciary duties—Statute of limitations.

4.16.370 Actions against personal representative or

trustee for breach of fiduciary duties—Statute of limita

tions. The statute of limitations for actions against a personal

representative or trustee for breach of fiduciary duties is as

Uniform Conflict of Laws—Limitations Act 4.20.020

(2016 Ed.) [Title 4 RCW—page 13]

set forth in RCW 11.96A.070. [1999 c 42 § 602; 1985 c 11 §

3. Prior: 1984 c 149 § 2.]

Purpose—Severability—1985 c 11: See notes following RCW

4.16.110.

Additional notes found at www.leg.wa.gov

Chapter 4.18

Chapter 4.18 RCW

4.18 UNIFORM CONFLICT OF LAWS—LIMITATIONS ACT

UNIFORM CONFLICT OF LAWS—LIMITATIONS

ACT

Sections

4.18.010 Definitions.

4.18.020 Conflict of laws—Limitation periods.

4.18.030 Rules of law applicable to computation of limitation period.

4.18.040 Application of limitation period of other state—Unfairness.

4.18.900 Short title.

4.18.901 Application of chapter—Existing and future claims.

4.18.902 Uniformity of application and construction of chapter.

Limitation of actions generally: Chapter 4.16 RCW.

4.18.01 0

4.18.010 Definitions.

4.18.010 Definitions. As used in this chapter:

(1) "Claim" means a right of action that may be asserted

in a civil action or proceeding and includes a right of action

created by statute.

(2) "State" means a state, commonwealth, territory, or

possession of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, a foreign country, or a polit

ical subdivision of any of them. [1983 c 152 § 1.]

4.18.02 0

4.18.020 Confl ict of laws—Limitation pe riods.

4.18.020 Conflict of laws—Limitation periods. (1)

Except as provided by RCW 4.18.040, if a claim is substan

tively based:

(a) Upon the law of one other state, the limitation period

of that state applies; or

(b) Upon the law of more than one state, the limitation

period of one of those states, chosen by the law of conflict of

laws of this state, applies.

(2) The limitation period of this state applies to all other

claims. [1983 c 152 § 2.]

4.18.03 0

4.18.030 Rules of law applicable to computation of limitation period .

4.18.030 Rules of law applicable to computation of

limitation period. If the statute of limitations of another

state applies to the assertion of a claim in this state, the other

state's relevant statutes and other rules of law governing toll

ing and accrual apply in computing the limitation period, but

its statutes and other rules of law governing conflict of laws

do not apply. [1983 c 152 § 3.]

4.18.04 0

4.18.040 Appli cation of limitation perio d of other state—Unfairness.

4.18.040 Application of limitation period of other

state—Unfairness. If the court determines that the limita

tion period of another state applicable under RCW 4.18.020

and 4.18.030 is substantially different from the limitation

period of this state and has not afforded a fair opportunity to

sue upon, or imposes an unfair burden in defending against,

the claim, the limitation period of this state applies. [1983 c

152 § 4.]

4.18.90 0

4.18.900 Sho rt title.

4.18.900 Short title. This chapter may be cited as the

Uniform Conflict of Laws—Limitations Act. [1983 c 152 §

7.]

4.18.90 1

4.18.901 Appli cation of chapter—Existi ng and future claims.

4.18.901 Application of chapter—Existing and

future claims. This chapter applies to claims:

(1) Accruing after July 24, 1983; or

(2) Asserted in a civil action or proceeding more than

one year after July 24, 1983, but it does not revive a claim

barred before July 24, 1983. [1983 c 152 § 5.]

4.18.902

4.18.902 Uniformity of application and construction of chapter.

4.18.902 Uniformity of application and construction

of chapter. This chapter shall be applied and construed to

effectuate its general purpose to make uniform the law with

respect to the subject of this chapter among states enacting it.

[1983 c 152 § 6.]

Chapter 4.20

Chapter 4.20 RCW

4.20 SURVIVAL OF ACTIONS

SURVIVAL OF ACTIONS

Sections

4.20.005 Wrongful death—Application of terms.

4.20.010 Wrongful death—Right of action.

4.20.020 Wrongful death—Beneficiaries of action.

4.20.030 Workers' compensation act not affected.

4.20.046 Survival of actions.

4.20.050 Action not abated by death or disability if it survives—Substi-

tution.

4.20.060 Action for personal injury survives to surviving spouse, state

registered domestic partner, child, stepchildren, or heirs.

Action for injury or death of a child: RCW 4.24.010.

Actions by and against executors: Chapter 11.48 RCW.

Imputation of contributory fault of decedent in wrongful death actions: RCW

4.22.020.

4.20.005

4.20.005 Wrongful death—Application of terms.

Words in RCW 4.20.010, 4.20.020, and 4.20.030 denoting

the singular shall be understood as belonging to a plurality of

persons or things. The masculine shall apply also to the fem

inine, and the word person shall also apply to bodies politic

and corporate. [1917 c 123 § 3; RRS § 183-2. Formerly

RCW 4.20.010, part.]

4.20.010

4.20.010 Wrongful death—Right of action.

4.20.010 Wrongful death—Right of action. When the

death of a person is caused by the wrongful act, neglect, or

default of another his or her personal representative may

maintain an action for damages against the person causing

the death; and although the death shall have been caused

under such circumstances as amount, in law, to a felony.

[2011 c 336 § 89; 1917 c 123 § 1; RRS § 183. FORMER

PARTS OF SECTION: 1917 c 123 § 3 now codified as RCW

4.20.005. Prior: 1909 c 129 § 1; Code 1881 § 8; 1875 p 4 § 4;

1854 p 220 § 496.]

4.20.020

4.20.020 Wrongful death—Beneficiaries of action.

Every such action shall be for the benefit of the wife, hus

band, state registered domestic partner, child or children,

including stepchildren, of the person whose death shall have

been so caused. If there be no wife, husband, state registered

domestic partner, or such child or children, such action may

be maintained for the benefit of the parents, sisters, or broth

ers, who may be dependent upon the deceased person for sup-

port, and who are resident within the United States at the time

of his or her death.

In every such action the jury may give such damages as,

under all circumstances of the case, may to them seem just.

[2011 c 336 § 90; 2007 c 156 § 29; 1985 c 139 § 1; 1973 1st

ex.s. c 154 § 2; 1917 c 123 § 2; RRS § 183-1.]

Additional notes found at www.leg.wa.gov

4.20.030 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 14] (2016 Ed.)

4.20.03 0

4.20.030 Workers' compensation act not affected.

RCW 4.20.005, 4.20.010, and 4.20.020 shall not repeal or

supersede chapter 74 of the Laws of 1911 [Title 51 RCW]

and acts amendatory thereof, or any part thereof. [1917 c 123

§ 5; RRS § 183-3.]

4.20.04 6

4.20.046 Survival of actions.

4.20.046 Survival of actions. (1) All causes of action

by a person or persons against another person or persons shall

survive to the personal representatives of the former and

against the personal representatives of the latter, whether

such actions arise on contract or otherwise, and whether or

not such actions would have survived at the common law or

prior to the date of enactment of this section: PROVIDED,

HOWEVER, That the personal representative shall only be

entitled to recover damages for pain and suffering, anxiety,

emotional distress, or humiliation personal to and suffered by

a deceased on behalf of those beneficiaries enumerated in

RCW 4.20.020, and such damages are recoverable regardless

of whether or not the death was occasioned by the injury that

is the basis for the action. The liability of property of spouses

or domestic partners held by them as community property to

execution in satisfaction of a claim enforceable against such

property so held shall not be affected by the death of either or

both spouses or either or both domestic partners; and a cause

of action shall remain an asset as though both claiming

spouses or both claiming domestic partners continued to live

despite the death of either or both claiming spouses or both

claiming domestic partners.

(2) Where death or an injury to person or property,

resulting from a wrongful act, neglect or default, occurs

simultaneously with or after the death of a person who would

have been liable therefor if his or her death had not occurred

simultaneously with such death or injury or had not inter

vened between the wrongful act, neglect or default and the

resulting death or injury, an action to recover damages for

such death or injury may be maintained against the personal

representative of such person. [2008 c 6 § 409; 1993 c 44 §

1; 1961 c 137 § 1.]

Part headings not law—Severability—2008 c 6: See RCW 26.60.900

and 26.60.901.

4.20.05 0

4.20.050 Actio n not abated by death or disability if it survives—S ubstitution.

4.20.050 Action not abated by death or disability if it

survives—Substitution. No action shall abate by the death,

marriage, or other disability of the party, or by the transfer of

any interest therein, if the cause of action survives or contin

ues; but the court may at any time within one year thereafter,

on motion, allow the action to be continued by or against his

or her representatives or successors in interest. [2011 c 336 §

91; Code 1881 § 17; 1877 p 6 § 17; 1869 p 6 § 17; 1854 p 132

§ 11; RRS § 193.]

Rules of court: Cf. RAP 3.2, 18.22.

4.20.06 0

4.20.060 Action for personal injury survives to surviving spouse, state regist ered domestic partner, c hild, stepchildren, or heirs.

4.20.060 Action for personal injury survives to sur-

viving spouse, state registered domestic partner, child,

stepchildren, or heirs. No action for a personal injury to any

person occasioning death shall abate, nor shall such right of

action determine, by reason of such death, if such person has

a surviving spouse, state registered domestic partner, or child

living, including stepchildren, or leaving no surviving

spouse, state registered domestic partner, or such children, if

there is dependent upon the deceased for support and resident

within the United States at the time of decedent's death, par

ents, sisters, or brothers; but such action may be prosecuted,

or commenced and prosecuted, by the executor or administra

tor of the deceased, in favor of such surviving spouse or state

registered domestic partner, or in favor of the surviving

spouse or state registered domestic partner and such children,

or if no surviving spouse or state registered domestic partner,

in favor of such child or children, or if no surviving spouse,

state registered domestic partner, or such child or children,

then in favor of the decedent's parents, sisters, or brothers

who may be dependent upon such person for support, and

resident in the United States at the time of decedent's death.

[2007 c 156 § 30; 1985 c 139 § 2; 1973 1st ex.s. c 154 § 3;

1927 c 156 § 1; 1909 c 144 § 1; Code 1881 § 18; 1854 p 220

§ 495; RRS § 194.]

Additional notes found at www.leg.wa.gov

Chapter 4.22

Chapter 4.22 RCW

4.22 CONTRIBUTORY FAULT—EFFECT—IMPUTATION—CONTRIBUTION—SETTLEMENT AGREEMENTS

CONTRIBUTORY FAULT—EFFECT—

IMPUTATION—CONTRIBUTION—SETTLEMENT

AGREEMENTS

Sections

4.22.005 Effect of contributory fault.

4.22.015 "Fault" defined.

4.22.020 Imputation of contributory fault—Spouse, domestic partner,

or minor child of spouse or domestic partner—Wrongful

death actions.

4.22.030 Nature of liability.

4.22.040 Right of contribution—Indemnity.

4.22.050 Enforcement of contribution.

4.22.060 Effect of settlement agreement.

4.22.070 Percentage of fault—Determination—Exception—Limita-

tions.

4.22.900 Effective date—1973 1st ex.s. c 138.

4.22.920 Applicability—1981 c 27.

4.22.925 Applicability—1981 c 27 § 17.

Product liability actions: Chapter 7.72 RCW.

Additional notes found at www.leg.wa.gov

4.22.005

4.22.005 Effect of contributory fa ult.

4.22.005 Effect of contributory fault. In an action

based on fault seeking to recover damages for injury or death

to person or harm to property, any contributory fault charge

able to the claimant diminishes proportionately the amount

awarded as compensatory damages for an injury attributable

to the claimant's contributory fault, but does not bar recovery.

This rule applies whether or not under prior law the claim

ant's contributory fault constituted a defense or was disre-

garded under applicable legal doctrines, such as last clear

chance. [1981 c 27 § 8.]

4.22.015

4.22.015 "Fault" defined.

4.22.015 "Fault" defined. "Fault" includes acts or

omissions, including misuse of a product, that are in any mea

sure negligent or reckless toward the person or property of

the actor or others, or that subject a person to strict tort liabil

ity or liability on a product liability claim. The term also

includes breach of warranty, unreasonable assumption of

risk, and unreasonable failure to avoid an injury or to mitigate

damages. Legal requirements of causal relation apply both to

fault as the basis for liability and to contributory fault.

A comparison of fault for any purpose under RCW

4.22.005 through 4.22.060 shall involve consideration of

both the nature of the conduct of the parties to the action and

Contributory Fault—Effect—Imputation—Contribution—Settlement Agreements 4.22.070

(2016 Ed.) [Title 4 RCW—page 15]

the extent of the causal relation between such conduct and the

damages. [1981 c 27 § 9.]

4.22.02 0

4.22.020 Imputation of contributory fault—Spouse, domestic partner, or minor child of spouse or domestic partn er—Wrongful death a ctions.

4.22.020 Imputation of contributory fault—Spouse,

domestic partner, or minor child of spouse or domestic

partner—Wrongful death actions. The contributory fault

of one spouse or one domestic partner shall not be imputed to

the other spouse or other domestic partner or the minor child

of the spouse or domestic partner to diminish recovery in an

action by the other spouse or other domestic partner or the

minor child of the spouse or other domestic partner, or his or

her legal representative, to recover damages caused by fault

resulting in death or in injury to the person or property,

whether separate or community, of the spouse or domestic

partner. In an action brought for wrongful death or loss of

consortium, the contributory fault of the decedent or injured

person shall be imputed to the claimant in that action. [2008

c 6 § 401; 1987 c 212 § 801; 1981 c 27 § 10; 1973 1st ex.s. c

138 § 2.]

Part headings not law—Severability—2008 c 6: See RCW 26.60.900

and 26.60.901.

Wrongful death actions: Chapter 4.20 RCW.

4.22.03 0

4.22.030 Natu re of liability.

4.22.030 Nature of liability. Except as otherwise pro-

vided in RCW 4.22.070, if more than one person is liable to a

claimant on an indivisible claim for the same injury, death or

harm, the liability of such persons shall be joint and several.

[1986 c 305 § 402; 1981 c 27 § 11.]

Additional notes found at www.leg.wa.gov

4.22.04 0

4.22.04 0 Right of co ntribution—I ndemnity.

4.22.040 Right of contribution—Indemnity. (1) A

right of contribution exists between or among two or more

persons who are jointly and severally liable upon the same

indivisible claim for the same injury, death or harm, whether

or not judgment has been recovered against all or any of

them. It may be enforced either in the original action or by a

separate action brought for that purpose. The basis for contri

bution among liable persons is the comparative fault of each

such person. However, the court may determine that two or

more persons are to be treated as a single person for purposes

of contribution.

(2) Contribution is available to a person who enters into

a settlement with a claimant only (a) if the liability of the per

son against whom contribution is sought has been extin-

guished by the settlement and (b) to the extent that the

amount paid in settlement was reasonable at the time of the

settlement.

(3) The common law right of indemnity between active

and passive tort feasors is abolished: PROVIDED, That the

common law right of indemnity between active and passive

tort feasors is not abolished in those cases to which a right of

contribution by virtue of RCW 4.22.920(2) does not apply.

[1982 c 100 § 1; 1981 c 27 § 12.]

Additional notes found at www.leg.wa.gov

4.22.05 0

4.22.050 Enforcement of contribution.

4.22.050 Enforcement of contribution. (1) If the com-

parative fault of the parties to a claim for contribution has

been established previously by the court in the original

action, a party paying more than that party's equitable share

of the obligation, upon motion, may recover judgment for

contribution.

(2) If the comparative fault of the parties to the claim for

contribution has not been established by the court in the orig

inal action, contribution may be enforced in a separate action,

whether or not a judgment has been rendered against either

the person seeking contribution or the person from whom

contribution is being sought.

(3) If a judgment has been rendered, the action for con-

tribution must be commenced within one year after the judg-

ment becomes final. If no judgment has been rendered, the

person bringing the action for contribution either must have

(a) discharged by payment the common liability within the

period of the statute of limitations applicable to the claimant's

right of action against him or her and commenced the action

for contribution within one year after payment, or (b) agreed

while the action was pending to discharge the common liabil

ity and, within one year after the agreement, have paid the lia-

bility and commenced an action for contribution. [2011 c

336 § 92; 1981 c 27 § 13.]

4.22.060

4.22.060 Effect of settlement agreement.

4.22.060 Effect of settlement agreement. (1) A party

prior to entering into a release, covenant not to sue, covenant

not to enforce judgment, or similar agreement with a claimant

shall give five days' written notice of such intent to all other

parties and the court. The court may for good cause authorize

a shorter notice period. The notice shall contain a copy of the

proposed agreement. A hearing shall be held on the issue of

the reasonableness of the amount to be paid with all parties

afforded an opportunity to present evidence. A determination

by the court that the amount to be paid is reasonable must be

secured. If an agreement was entered into prior to the filing of

the action, a hearing on the issue of the reasonableness of the

amount paid at the time it was entered into may be held at any

time prior to final judgment upon motion of a party.

The burden of proof regarding the reasonableness of the

settlement offer shall be on the party requesting the settle

ment.

(2) A release, covenant not to sue, covenant not to

enforce judgment, or similar agreement entered into by a

claimant and a person liable discharges that person from all

liability for contribution, but it does not discharge any other

persons liable upon the same claim unless it so provides.

However, the claim of the releasing person against other per

sons is reduced by the amount paid pursuant to the agreement

unless the amount paid was unreasonable at the time of the

agreement in which case the claim shall be reduced by an

amount determined by the court to be reasonable.

(3) A determination that the amount paid for a release,

covenant not to sue, covenant not to enforce judgment, or

similar agreement was unreasonable shall not affect the

validity of the agreement between the released and releasing

persons nor shall any adjustment be made in the amount paid

between the parties to the agreement. [1987 c 212 § 1901;

1981 c 27 § 14.]

4.22.070

4.22.070 Perce ntage of fault—Determinat ion—Exception—Limitation s.

4.22.070 Percentage of fault—Determination—

Exception—Limitations. (1) In all actions involving fault

of more than one entity, the trier of fact shall determine the

percentage of the total fault which is attributable to every

entity which caused the claimant's damages except entities

immune from liability to the claimant under Title 51 RCW.

The sum of the percentages of the total fault attributed to at-

4.22.900 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 16] (2016 Ed.)

fault entities shall equal one hundred percent. The entities

whose fault shall be determined include the claimant or per

son suffering personal injury or incurring property damage,

defendants, third-party defendants, entities released by the

claimant, entities with any other individual defense against

the claimant, and entities immune from liability to the claim

ant, but shall not include those entities immune from liability

to the claimant under Title 51 RCW. Judgment shall be

entered against each defendant except those who have been

released by the claimant or are immune from liability to the

claimant or have prevailed on any other individual defense

against the claimant in an amount which represents that

party's proportionate share of the claimant's total damages.

The liability of each defendant shall be several only and shall

not be joint except:

(a) A party shall be responsible for the fault of another

person or for payment of the proportionate share of another

party where both were acting in concert or when a person was

acting as an agent or servant of the party.

(b) If the trier of fact determines that the claimant or

party suffering bodily injury or incurring property damages

was not at fault, the defendants against whom judgment is

entered shall be jointly and severally liable for the sum of

their proportionate shares of the claimants [claimant's] total

damages.

(2) If a defendant is jointly and severally liable under one

of the exceptions listed in subsections (1)(a) or (1)(b) of this

section, such defendant's rights to contribution against

another jointly and severally liable defendant, and the effect

of settlement by either such defendant, shall be determined

under RCW 4.22.040, 4.22.050, and 4.22.060.

(3)(a) Nothing in this section affects any cause of action

relating to hazardous wastes or substances or solid waste dis

posal sites.

(b) Nothing in this section shall affect a cause of action

arising from the tortious interference with contracts or busi

ness relations.

action arising from the manufacture or marketing of a fungi

ble product in a generic form which contains no clearly iden-

tifiable shape, color, or marking. [1993 c 496 § 1; 1986 c 305

§ 401.]

Additional notes found at www.leg.wa.gov

4.22.90 0

4.22.900 Effe ctive date—1973 1st ex .s. c 138.

4.22.900 Effective date—1973 1st ex.s. c 138. This act

takes effect as of 12:01 a.m. on April 1, 1974. [1973 1st ex.s.

c 138 § 3.]

4.22.92 0

4.22.920 Applicability—1981 c 27.

4.22.920 Applicability—1981 c 27. (1) Chapter 27,

Laws of 1981 shall apply to all claims arising on or after July

26, 1981.

(2) Notwithstanding subsection (1) of this section, RCW

4.22.040, 4.22.050, and 4.22.060 shall also apply to all

actions in which trial on the underlying action has not taken

place prior to July 26, 1981, except that there is no right of

contribution in favor of or against any party who has, prior to

July 26, 1981, entered into a release, covenant not to sue,

covenant not to enforce judgment, or similar agreement with

the claimant. [1982 c 100 § 2; 1981 c 27 § 15.]

Additional notes found at www.leg.wa.gov

4.22.925

4.22.925 Applicability—1981 c 27 § 17.

4.22.925 Applicability—1981 c 27 § 17. In accordance

with section 15(1), chapter 27, Laws of 1981, the repeal of

RCW 4.22.010 by section 17, chapter 27, Laws of 1981

applies only to claims arising on or after July 26, 1981. RCW

4.22.010 shall continue to apply to claims arising prior to July

26, 1981. [1982 c 100 § 3.]

Additional notes found at www.leg.wa.gov

Chapter 4.24

Chapter 4.24 RCW

4.24 SPECIAL RIGHTS OF ACTION AND SPECIAL IMMUNITIES

SPECIAL RIGHTS OF ACTION AND SPECIAL

IMMUNITIES

Sections

4.24.005 Tort actions—Attorneys' fees—Determination of reasonable-

ness.

4.24.010 Action for injury or death of child.

4.24.020 Action by parent for seduction of child.

4.24.040 Action for negligently permitting fire to spread.

4.24.050 Kindling of fires by persons driving lumber.

4.24.060 Application of common law.

4.24.070 Recovery of money lost at gambling.

4.24.080 Action to recover leased premises used for gambling.

4.24.090 Validity of evidence of gambling debt.

4.24.115 Validity of agreement to indemnify against liability for negli-

gence relative to construction, alteration, improvement, etc.,

of structure or improvement attached to real estate or relative

to a motor carrier transportation contract.

4.24.130 Action for change of name—Fees.

4.24.140 Action by another state to enforce tax liability.

4.24.141 Action by another state to enforce tax liability—"Taxes"

defined.

4.24.150 Action for fines or forfeitures.

4.24.160 Action for penalty—Amount of recovery.

4.24.170 Judgment for penalty or forfeiture—Effect of collusion.

4.24.180 Disposition of fines, fees, penalties and forfeitures—Venue.

4.24.190 Action against parent for willful injury to person or property

by minor—Monetary limitation—Common law liability pre-

served.

4.24.200 Liability of owners or others in possession of land and water

areas for injuries to recreation users—Purpose.

4.24.210 Liability of owners or others in possession of land and water

areas for injuries to recreation users—Known dangerous

artificial latent conditions—Other limitations.

4.24.220 Action for being detained on mercantile establishment prem-

ises for investigation—"Reasonable grounds" as defense.

4.24.230 Liability for conversion of goods or merchandise from store or

mercantile establishment, leaving restaurant or hotel or

motel without paying—Adults, minors—Parents, guard-

ians—Notice.

4.24.235 Physicians—Immunity from liability regarding safety belts.

4.24.240 Persons licensed to provide health care or related services,

employees, hospitals, clinics, etc.—Professional review

committee, society, examining, licensing or disciplinary

board members, etc.—Immunity from civil suit.

4.24.250 Health care provider filing charges or presenting evidence—

Immunity—Information sharing.

4.24.260 Health professionals making reports, filing charges, or pre-

senting evidence—Immunity.

4.24.264 Boards of directors or officers of nonprofit corporations—Lia-

bility—Limitations.

4.24.290 Action for damages based on professional negligence of hospi-

tals or members of healing arts—Standard of proof—Evi-

dence—Exception.

4.24.300 Immunity from liability for certain types of medical care.

4.24.310 Persons rendering emergency care or transportation—Defini-

tions.

4.24.314 Person causing hazardous materials incident—Responsibility

for incident clean-up—Liability.

4.24.320 Action by person damaged by malicious mischief to livestock

or by owner damaged by theft of livestock—Treble dam-

ages, attorney's fees.

4.24.330 Action for damages caused by criminal street gang tagging and

graffiti.

4.24.340 Liability of merchants and other parties for creating a property

crime database—Information sharing.

4.24.350 Actions for damages that are false, unfounded, malicious,

without probable cause, or part of conspiracy—Action,

claim, or counterclaim by judicial officer, prosecuting

Special Rights of Action and Special Immunities 4.24.005

(2016 Ed.) [Title 4 RCW—page 17]

authority, or law enforcement officer for malicious prosecu-

tion—Damages and costs—Attorneys' fees—Definitions.

4.24.360 Construction contract provision waiving, releasing, etc., rights

of contractor, etc., to damages or adjustment for unreason-

able delay caused by contractee, etc.—Declared void and

unenforceable—Exceptions.

4.24.370 Construction contract provision waiving, releasing, etc., rights

of contractor, etc., to damages or adjustment for unreason

able delay caused by contractee, etc.—"Construction con-

tract" defined.

4.24.380 Construction contract provision waiving, releasing, etc., rights

of contractor, etc., to damages or adjustment for unreason-

able delay caused by contractee, etc.—Prospective applica-

tion of RCW 4.24.360.

4.24.400 Building warden assisting others to evacuate building or

attempting to control hazard—Immunity from liability.

4.24.410 Dog handler using dog in line of duty—Immunity.

4.24.420 Action by person committing a felony—Defense—Actions

under 42 U.S.C. Sec. 1983.

4.24.430 Actions by persons serving criminal sentence—Waiver of fil-

ing fees—Effect of previous claims dismissed on grounds

claim was frivolous or malicious.

4.24.450 Liability of operators for nuclear incidents—Definitions.

4.24.460 Liability of operators for nuclear incidents—Presumption of

operator negligence—Rebuttal—Recovery for negligence or

against other parties not limited by section.

4.24.470 Liability of officials and members of governing body of public

agency—Definitions.

4.24.480 Liability of members of state hazardous materials planning

committee and local emergency planning committees.

4.24.490 Indemnification of state employees.

4.24.500 Good faith communication to government agency—Legisla-

tive findings—Purpose.

4.24.510 Communication to government agency or self-regulatory

organization—Immunity from civil liability.

4.24.520 Good faith communication to government agency—When

agency or attorney general may defend against lawsuit—

Costs and fees.

4.24.525 Public participation lawsuits—Special motion to strike

claim—Damages, costs, attorneys' fees, other relief—Defi-

nitions.

4.24.530 Limitations on liability for equine activities—Definitions.

4.24.540 Limitations on liability for equine activities—Exceptions.

4.24.545 Electronic monitoring or 24/7 sobriety program participa-

tion—Limitation on liability.

4.24.550 Sex offenders and kidnapping offenders—Release of informa-

tion to public—Web site.

4.24.5501 Sex offenders—Model policy—Work group.

4.24.551 Law enforcement response to secure community transition

facility—Limitation on liability.

4.24.555 Release of information not restricted by pending appeal, peti-

tion, or writ.

4.24.556 Sex offender treatment providers—Affiliate sex offender

treatment providers—Limited liability—Responsibilities.

4.24.558 Limitations on liability for information sharing regarding per-

sons under court orders for supervision or treatment.

4.24.560 Defense to action for injury caused by indoor air pollutants.

4.24.570 Acts against animals in research or educational facilities.

4.24.575 Acts against animals kept for agricultural or veterinary pur-

poses.

4.24.580 Acts against animal facilities—Injunction.

4.24.590 Liability of foster parents.

4.24.595 Liability immunity—Emergent placement investigations of

child abuse or neglect—Shelter care and other dependency

orders.

4.24.601 Hazards to the public—Information—Legislative findings,

policy, intent.

4.24.611 Product liability/hazardous substance claims—Public right to

information—Confidentiality—Damages, costs, attorneys'

fees—Repeal.

4.24.630 Liability for damage to land and property—Damages—

Costs—Attorneys' fees—Exceptions.

4.24.640 Firearm safety program liability.

4.24.660 Liability of school districts under contracts with youth pro-

grams.

4.24.670 Liability of volunteers of nonprofit or governmental entities.

4.24.680 Unlawful release of court and law enforcement employee

information—Exception.

4.24.690 Unlawful release of court and law enforcement employee

information—Court action to prevent.

4.24.700 Unlawful release of court and law enforcement employee

information—Damages, fees, and costs.

4.24.710 Outdoor music festival, campground—Detention.

4.24.720 Liability immunity—Amber alerts.

4.24.730 Liability immunity—Disclosure of employee information to

prospective employer.

4.24.740 Liability immunity—Bovine handling activities.

4.24.750 Monitoring of persons charged with or convicted of misde-

meanors—Decisions concerning release of criminal offend-

ers—Findings.

4.24.760 Limited jurisdiction courts—Limitation on liability for inade-

quate supervision or monitoring—Definitions.

4.24.770 Private employer not liable for injury to unauthorized third-

party occupant of private employer's vehicle.

4.24.780 Liability of fire service protection agency in providing fire-

fighting efforts outside of jurisdiction or emergency ser-

vices.

4.24.790 Electronic impersonation—Action for invasion of privacy.

4.24.795 Distribution of intimate images—Liability for damages,

other civil penalties—Confidentiality of the plaintiff.

4.24.800 Liability immunity—Charitable donation of eyeglasses or

hearing instruments.

4.24.810 Liability immunity—Credentialing or granting practice privi-

leges to health care providers responding to emergencies.

4.24.820 Nonrecognition of foreign order—Incompatibility with public

policy.

4.24.900 Construction—Chapter applicable to state registered domestic

partnerships—2009 c 521.

Action for money damages due to gambling violations: RCW 9.46.200.

Arson reporting immunity act: Chapter 48.50 RCW.

Consent to treatment of minor for sexually transmitted disease, liability:

RCW 70.24.110.

Food donation and distribution, limitation of liability: Chapter 69.80 RCW.

Hazardous materials incidents, rendering emergency aid, liability: RCW

70.136.050.

Injuries resulting from health care, special actions: Chapter 7.70 RCW.

Malpractice insurance for retired physicians providing health care services:

RCW 43.70.460.

Mine rescue or recovery work, liability: RCW 38.52.198.

Physician or hospital rendering emergency care, liability: RCW 18.71.220.

Physician's trained advanced emergency medical technician and paramedic,

liability: RCW 18.71.210.

Special proceedings and actions: Title 7 RCW.

4.24.005

4.24.005 Tort actions—Attorneys' fees—Determination of reasonableness.

4.24.005 Tort actions—Attorneys' fees—Determina-

tion of reasonableness. Any party charged with the payment

of attorney's fees in any tort action may petition the court not

later than forty-five days of receipt of a final billing or

accounting for a determination of the reasonableness of that

party's attorneys' fees. The court shall make such a determi

nation and shall take into consideration the following:

(1) The time and labor required, the novelty and diffi-

culty of the questions involved, and the skill requisite to per-

form the legal service properly;

(2) The likelihood, if apparent to the client, that the

acceptance of the particular employment will preclude other

employment by the lawyer;

(3) The fee customarily charged in the locality for simi-

lar legal services;

(4) The amount involved and the results obtained;

(5) The time limitations imposed by the client or by the

circumstances;

(6) The nature and length of the professional relationship

with the client;

(7) The experience, reputation, and ability of the lawyer

or lawyers performing the services;

(8) Whether the fee is fixed or contingent;

(9) Whether the fixed or contingent fee agreement was in

writing and whether the client was aware of his or her right to

petition the court under this section;

4.24.010 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 18] (2016 Ed.)

(10) The terms of the fee agreement. [1987 c 212 §

1601; 1986 c 305 § 201.]

Additional notes found at www.leg.wa.gov

4.24.01 0

4.24.010 Actio n for injury or death of child.

4.24.010 Action for injury or death of child. A

mother or father, or both, who has regularly contributed to the

support of his or her minor child, and the mother or father, or

both, of a child on whom either, or both, are dependent for

support may maintain or join as a party an action as plaintiff

for the injury or death of the child.

This section creates only one cause of action, but if the

parents of the child are not married, are separated, or not mar

ried to each other damages may be awarded to each plaintiff

separately, as the trier of fact finds just and equitable.

If one parent brings an action under this section and the

other parent is not named as a plaintiff, notice of the institu

tion of the suit, together with a copy of the complaint, shall be

served upon the other parent: PROVIDED, That notice shall

be required only if parentage has been duly established.

Such notice shall be in compliance with the statutory

requirements for a summons. Such notice shall state that the

other parent must join as a party to the suit within twenty days

or the right to recover damages under this section shall be

barred. Failure of the other parent to timely appear shall bar

such parent's action to recover any part of an award made to

the party instituting the suit.

In such an action, in addition to damages for medical,

hospital, medication expenses, and loss of services and sup

port, damages may be recovered for the loss of love and com-

panionship of the child and for injury to or destruction of the

parent-child relationship in such amount as, under all the cir

cumstances of the case, may be just. [1998 c 237 § 2; 1973

1st ex.s. c 154 § 4; 1967 ex.s. c 81 § 1; 1927 c 191 § 1; Code

1881 § 9; 1877 p 5 § 9; 1873 p 5 § 10; 1869 p 4 § 9; RRS §

184.]

Intent—1998 c 237: "It is the intent of this act to address the constitu-

tional issue of equal protection addressed by the Washington state supreme

court in Guard v. Jackson, 132 Wn.2d 660 (1997). The legislature intends to

provide a civil cause of action for wrongful injury or death of a minor child

to a mother or father, or both, if the mother or father has had significant

involvement in the child's life, including but not limited to, emotional, psy

chological, or financial support." [1998 c 237 § 1.]

Additional notes found at www.leg.wa.gov

4.24.02 0

4.24.020 Action by parent for seduction of child.

4.24.020 Action by parent for seduction of child. A

father or mother, may maintain an action as plaintiff for the

seduction of a child, and the guardian for the seduction of a

ward, though the child or the ward be not living with or in the

service of the plaintiff at the time of the seduction or after

wards, and there be no loss of service. [1973 1st ex.s. c 154

§ 5; Code 1881 § 10; 1877 p 5 § 10; 1869 p 4 § 10; RRS §

185.]

Additional notes found at www.leg.wa.gov

4.24.04 0

4.24.040 Actio n for negligently permitti ng fire to spread.

4.24.040 Action for negligently permitting fire to

spread. Except as provided in RCW 76.04.760, if any person

shall for any lawful purpose kindle a fire upon his or her own

land, he or she shall do it at such time and in such manner,

and shall take such care of it to prevent it from spreading and

doing damage to other persons' property, as a prudent and

careful person would do, and if he or she fails so to do he or

she shall be liable in an action on the case to any person suf

fering damage thereby to the full amount of such damage.

[2014 c 81 § 2; 2009 c 549 § 1001; Code 1881 § 1226; 1877

p 300 § 3; RRS § 5647.]

Reviser's note: The words "on the case" appear in the 1877 law and in

the 1881 enrolled bill but were inadvertently omitted from the printed Code

of 1881. See also Pettigrew v. McCoy, 138 Wash. 619.

Authority of chapter—Application—2014 c 81: See notes following

RCW 76.04.760.

Arson, reckless burning, and malicious mischief: Chapter 9A.48 RCW.

4.24.050

4.24.050 Kindling of fires by persons driving lumber.

Persons engaged in driving lumber upon any waters or

streams of this state, may kindle fires when necessary for the

purposes in which they are engaged, but shall be bound to use

the utmost caution to prevent the same from spreading and

doing damage; and if they fail so to do, they shall be subject

to all liabilities and penalties of RCW 4.24.040, 4.24.050,

and 4.24.060, in the same manner as if the privilege granted

by this section had not been allowed. [1983 c 3 § 4; Code

1881 § 1228; 1877 p 300 § 5; RRS § 5648.]

4.24.060

4.24.060 Application of common law.

4.24.060 Application of common law. The common

law right to an action for damages done by fires, is not taken

away or diminished by RCW 4.24.040, 4.24.050, and

4.24.060. However:

(1) Any person availing himself or herself of the provi-

sions of RCW 4.24.040, shall be barred of his or her action at

common law for the damage so sued for;

(2) No action shall be brought at common law for kin-

dling fires in the manner described in RCW 4.24.050. How-

ever, if any such fires shall spread and do damage, the person

who kindled the fire and any person present and concerned in

driving the lumber, by whose act or neglect the fire is suf

fered to spread and do damage shall be liable in an action on

the case for the amount of damages thereby sustained; and

(3) A civil action for property damage to public or pri-

vate forested lands, including real and personal property on

those lands, resulting from a fire that started on or spread

from public or private forested lands may be brought only

under RCW 76.04.760. [2014 c 81 § 3; 2011 c 336 § 93;

1983 c 3 § 5; Code 1881 § 1229; 1877 p 300 § 6; RRS §

5649.]

Authority of chapter—Application—2014 c 81: See notes following

RCW 76.04.760.

4.24.070

4.24.070 Recovery of money lost at gambling.

4.24.070 Recovery of money lost at gambling. All

persons losing money or anything of value at or on any illegal

gambling games shall have a cause of action to recover from

the dealer or player winning, or from the proprietor for whose

benefit such game was played or dealt, or such money or

things of value won, the amount of the money or the value of

the thing so lost. [1957 c 7 § 2; Code 1881 § 1255; 1879 p 98

§ 3; RRS § 5851.]

Gambling: Chapter 9.46 RCW.

4.24.080

4.24.080 Action to recover leased premises used for gambling.

4.24.080 Action to recover leased premises used for

gambling. It shall be lawful for any person letting or renting

any house, room, shop, or other building whatsoever, or any

boat, booth, garden, or other place, which shall, at any time,

be used by the lessee or occupant thereof, or any other per

son, with his or her knowledge or consent, for gambling pur-

Special Rights of Action and Special Immunities 4.24.140

(2016 Ed.) [Title 4 RCW—page 19]

poses, upon discovery thereof, to avoid and terminate such

lease, or contract of occupancy, and to recover immediate

possession of the premises by an action at law for that pur

pose. [2011 c 336 § 94; 1957 c 7 § 3; Code 1881 § 1257;

1879 p 98 § 5; RRS § 5852.]

4.24.09 0

4.24.090 Validity of evidence of gambling debt.

4.24.090 Validity of evidence of gambling debt. All

notes, bills, bonds, mortgages, or other securities, or other

conveyances, the consideration for which shall be money, or

other things of value, won by playing at any unlawful game,

shall be void and of no effect, as between the parties thereto

and all other persons, except holders in good faith, without

notice of the illegality of such contract or conveyance. [1957

c 7 § 4; Code 1881 § 1254; 1879 p 98 § 2; RRS § 5853.]

4.24.11 5

4.24.115 Valid ity of agreement to indem nify against liability for negligence relative to c onstruction, alteration, im provement, etc., of stru cture or improvement a ttached to real estate or relative to a motor c arrie r transportation contract.

4.24.115 Validity of agreement to indemnify against

liability for negligence relative to construction, alteration,

improvement, etc., of structure or improvement attached

to real estate or relative to a motor carrier transportation

contract. (1) A covenant, promise, agreement, or under

standing in, or in connection with or collateral to, a contract

or agreement relative to the construction, alteration, repair,

addition to, subtraction from, improvement to, or mainte

nance of, any building, highway, road, railroad, excavation,

or other structure, project, development, or improvement

attached to real estate, including moving and demolition in

connection therewith, a contract or agreement for architec

tural, landscape architectural, engineering, or land surveying

services, or a motor carrier transportation contract, purport

ing to indemnify, including the duty and cost to defend,

against liability for damages arising out of such services or

out of bodily injury to persons or damage to property:

(a) Caused by or resulting from the sole negligence of

the indemnitee, his or her agents or employees is against pub

lic policy and is void and unenforceable;

(b) Caused by or resulting from the concurrent negli-

gence of (i) the indemnitee or the indemnitee's agents or

employees, and (ii) the indemnitor or the indemnitor's agents

or employees, is valid and enforceable only to the extent of

the indemnitor's negligence and only if the agreement specif

ically and expressly provides therefor, and may waive the

indemnitor's immunity under industrial insurance, Title 51

RCW, only if the agreement specifically and expressly pro

vides therefor and the waiver was mutually negotiated by the

parties. This subsection applies to agreements entered into

after June 11, 1986.

(2) As used in this section, a "motor carrier transporta-

tion contract" means a contract, agreement, or understanding

covering: (a) The transportation of property for compensation

or hire by the motor carrier; (b) entrance on property by the

motor carrier for the purpose of loading, unloading, or trans

porting property for compensation or hire; or (c) a service

incidental to activity described in (a) or (b) of this subsection,

including, but not limited to, storage of property, moving

equipment or trailers, loading or unloading, or monitoring

loading or unloading. "Motor carrier transportation contract"

shall not include agreements providing for the interchange,

use, or possession of intermodal chassis, containers, or other

intermodal equipment. [2012 c 160 § 1; 2011 c 336 § 95;

2010 c 120 § 1; 1986 c 305 § 601; 1967 ex.s. c 46 § 2.]

Additional notes found at www.leg.wa.gov

4.24.130

4.24.130 Action for change of name—Fees.

4.24.130 Action for change of name—Fees. (1) Any

person desiring a change of his or her name or that of his or

her child or ward, may apply therefor to the district court of

the judicial district in which he or she resides, by petition set

ting forth the reasons for such change; thereupon such court

in its discretion may order a change of the name and thence

forth the new name shall be in place of the former.

(2) An offender under the jurisdiction of the department

of corrections who applies to change his or her name under

subsection (1) of this section shall submit a copy of the appli

cation to the department of corrections not fewer than five

days before the entry of an order granting the name change.

No offender under the jurisdiction of the department of cor

rections at the time of application shall be granted an order

changing his or her name if the court finds that doing so will

interfere with legitimate penological interests, except that no

order shall be denied when the name change is requested for

religious or legitimate cultural reasons or in recognition of

marriage or dissolution of marriage. An offender under the

jurisdiction of the department of corrections who receives an

order changing his or her name shall submit a copy of the

order to the department of corrections within five days of the

entry of the order. Violation of this subsection is a misde

meanor.

(3) A sex offender subject to registration under RCW

9A.44.130 who applies to change his or her name under sub

section (1) of this section shall follow the procedures set forth

in *RCW 9A.44.130(6).

(4) The district court shall collect the fees authorized by

RCW 36.18.010 for filing and recording a name change

order, and transmit the fee and the order to the county auditor.

The court may collect a reasonable fee to cover the cost of

transmitting the order to the county auditor.

(5) Name change petitions may be filed and shall be

heard in superior court when the person desiring a change of

his or her name or that of his or her child or ward is a victim

of domestic violence as defined in **RCW 26.50.010(1) and

the person seeks to have the name change file sealed due to

reasonable fear for his or her safety or that of his or her child

or ward. Upon granting the name change, the superior court

shall seal the file if the court finds that the safety of the person

seeking the name change or his or her child or ward warrants

sealing the file. In all cases filed under this subsection,

whether or not the name change petition is granted, there

shall be no public access to any court record of the name

change filing, proceeding, or order, unless the name change is

granted but the file is not sealed. [1998 c 220 § 5; 1995 sp.s.

c 19 § 14; 1995 c 246 § 34; 1992 c 30 § 1; 1991 c 33 § 5; Code

1881 § 635; 1877 p 132 § 638; RRS § 998.]

Reviser's note: *(1) RCW 9A.44.130 was amended by 2015 c 261 § 3,

changing subsection (6) to subsection (7).

**(2) RCW 26.50.010 was alphabetized pursuant to RCW

1.08.015(2)(k), changing subsection (1) to subsection (3).

Findings—Purpose—Short title—Severability—Effective date—

1995 1st sp.s. c 19: See notes following RCW 72.09.450.

Additional notes found at www.leg.wa.gov

4.24.140

4.24.140 Actio n by another state to en force tax liability.

4.24.140 Action by another state to enforce tax liabil-

ity. The courts of the state shall recognize and enforce the

liability for taxes lawfully imposed by the laws of any other

state which extends a like comity in respect to the liability for

taxes lawfully imposed by the laws of this state and the offi

4.24.141 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 20] (2016 Ed.)

cials of such state are hereby authorized to bring an action in

all the courts of this state for the collection of such taxes:

PROVIDED, That the courts of this state shall not recognize

claims for such taxes against this state or any of its political

subdivisions: PROVIDED, FURTHER, That the time limita

tions upon the bringing of such actions which may be

imposed by the laws of such other state shall not be tolled by

the absence from such state of the person from whom the

taxes are sought. The certificate of the secretary of state of

such other state to the effect that such officials have the

authority to collect the taxes sought to be recovered by such

action shall be conclusive proof of that authority. [1951 c

166 § 1. FORMER PART OF SECTION: 1951 c 166 § 2 now

codified as RCW 4.24.141.]

Limitation of actions: Chapter 4.16 RCW.

4.24.14 1

4.24.141 Actio n by another state to en force tax liability—"Taxe s" defined.

4.24.141 Action by another state to enforce tax liabil-

ity—"Taxes" defined. The term "taxes" as used in RCW

4.24.140 shall include:

(1) Any and all tax assessments lawfully made whether

they be based upon a return or other disclosure of the tax

payer, upon information and belief of the taxing authority, or

otherwise;

(2) Any and all penalties lawfully imposed pursuant to a

tax statute;

(3) Interest charges lawfully added to the tax liability

which constitutes the subject of the action. [1951 c 166 § 2.

Formerly RCW 4.24.140, part.]

4.24.15 0

4.24.150 Action for fines or forfeitures.

4.24.150 Action for fines or forfeitures. Fines and for-

feitures may be recovered by an action at law in the name of

the officer or person to whom they are by law given, or in the

name of the officer or person who by law is authorized to

prosecute for them. [Code 1881 § 657; 1869 p 153 § 597;

RRS § 963.]

Limitation of actions: Chapter 4.16 RCW.

4.24.16 0

4.24.160 Action for penalty—Amount of recovery.

When an action shall be commenced for a penalty, which by

law is not to exceed a certain amount, the action may be com

menced for that amount, and if judgment be given for the

plaintiff, it may be for such amount or less, in the discretion

of the court, in proportion to the offense. [Code 1881 § 658;

1869 p 153 § 598; RRS § 964.]

4.24.17 0

4.24.170 Judgment for penalty or forfeit ure—Effec t of collusion.

4.24.170 Judgment for penalty or forfeiture—Effect

of collusion. A recovery of a judgment for a penalty or for

feiture by collusion between the plaintiff and defendant, with

intent to save the defendant wholly or partially from the con

sequences contemplated by law, in case when the penalty or

forfeiture is given wholly or partly to the person who prose

cutes, shall not bar the recovery of the same by another per-

son. [Code 1881 § 659; 1869 p 153 § 599; RRS § 965.]

4.24.18 0

4.24.180 Disp osition of fines, fees, pe nalties and forfeitures—Ve nue.

4.24.180 Disposition of fines, fees, penalties and for-

feitures—Venue. Fines and forfeitures not specially granted

or otherwise appropriated by law, when recovered, shall be

paid into the school fund of the proper county: PROVIDED,

That all fees, fines, forfeitures and penalties collected or

assessed by a district court because of the violation of a state

law shall be remitted as provided in chapter 3.62 RCW as

now exists or is later amended. Whenever, by the provisions

of law, any property real or personal shall be forfeited to the

state, or to any officer for its use, the action for the recovery

of such property may be commenced in any county where the

defendant may be found or where such property may be.

[1987 c 202 § 115; 1969 ex.s. c 199 § 9; Code 1881 § 660;

1869 p 153 § 600; RRS § 966.]

Intent—1987 c 202: See note following RCW 2.04.190.

Disposition of fines, fees, costs, penalties and forfeitures: RCW 10.82.070.

4.24.190

4.24.190 Action against parent for willful injury to person or property by min or—Monetary limitation— Common law liability preserved.

4.24.190 Action against parent for willful injury to

person or property by minor—Monetary limitation—

Common law liability preserved. The parent or parents of

any minor child under the age of eighteen years who is living

with the parent or parents and who shall willfully or mali

ciously destroy or deface property, real or personal or mixed,

or who shall willfully and maliciously inflict personal injury

on another person, shall be liable to the owner of such prop

erty or to the person injured in a civil action at law for dam-

ages in an amount not to exceed five thousand dollars. This

section shall in no way limit the amount of recovery against

the parent or parents for their own common law negligence.

[1996 c 35 § 2; 1992 c 205 § 116; 1977 ex.s. c 145 § 1; 1967

ex.s. c 46 § 1; 1961 c 99 § 1.]

Additional notes found at www.leg.wa.gov

4.24.200

4.24.20 0 Liability o f owners or others in po ssession of land and water areas for injuries to recreation users—Purpose.

4.24.200 Liability of owners or others in possession of

land and water areas for injuries to recreation users—

Purpose. The purpose of RCW 4.24.200 and 4.24.210 is to

encourage owners or others in lawful possession and control

of land and water areas or channels to make them available to

the public for recreational purposes by limiting their liability

toward persons entering thereon and toward persons who

may be injured or otherwise damaged by the acts or omis

sions of persons entering thereon. [1969 ex.s. c 24 § 1; 1967

c 216 § 1.]

4.24.210

4.24.21 0 Liability o f owners or others in po ssession of land and water areas for injuries to recreation users—Known dangerous artificial latent conditions—Other limitations.

4.24.210 Liability of owners or others in possession of

land and water areas for injuries to recreation users—

Known dangerous artificial latent conditions—Other lim

itations. (1) Except as otherwise provided in subsection (3)

or (4) of this section, any public or private landowners,

hydroelectric project owners, or others in lawful possession

and control of any lands whether designated resource, rural,

or urban, or water areas or channels and lands adjacent to

such areas or channels, who allow members of the public to

use them for the purposes of outdoor recreation, which term

includes, but is not limited to, the cutting, gathering, and

removing of firewood by private persons for their personal

use without purchasing the firewood from the landowner,

hunting, fishing, camping, picnicking, swimming, hiking,

bicycling, skateboarding or other nonmotorized wheel-based

activities, aviation activities including, but not limited to, the

operation of airplanes, ultra-light airplanes, hang gliders,

parachutes, and paragliders, rock climbing, the riding of

horses or other animals, clam digging, pleasure driving of

off-road vehicles, snowmobiles, and other vehicles, boating,

kayaking, canoeing, rafting, nature study, winter or water

sports, viewing or enjoying historical, archaeological, scenic,

or scientific sites, without charging a fee of any kind therefor,

shall not be liable for unintentional injuries to such users.

Special Rights of Action and Special Immunities 4.24.230

(2016 Ed.) [Title 4 RCW—page 21]

(2) Except as otherwise provided in subsection (3) or (4)

of this section, any public or private landowner or others in

lawful possession and control of any lands whether rural or

urban, or water areas or channels and lands adjacent to such

areas or channels, who offer or allow such land to be used for

purposes of a fish or wildlife cooperative project, or allow

access to such land for cleanup of litter or other solid waste,

shall not be liable for unintentional injuries to any volunteer

group or to any other users.

(3) Any public or private landowner, or others in lawful

possession and control of the land, may charge an administra

tive fee of up to twenty-five dollars for the cutting, gathering,

and removing of firewood from the land.

(4)(a) Nothing in this section shall prevent the liability of

a landowner or others in lawful possession and control for

injuries sustained to users by reason of a known dangerous

artificial latent condition for which warning signs have not

been conspicuously posted.

(i) A fixed anchor used in rock climbing and put in place

by someone other than a landowner is not a known dangerous

artificial latent condition and a landowner under subsection

(1) of this section shall not be liable for unintentional injuries

resulting from the condition or use of such an anchor.

(ii) Releasing water or flows and making waterways or

channels available for kayaking, canoeing, or rafting pur

poses pursuant to and in substantial compliance with a hydro-

electric license issued by the federal energy regulatory com-

mission, and making adjacent lands available for purposes of

allowing viewing of such activities, does not create a known

dangerous artificial latent condition and hydroelectric project

owners under subsection (1) of this section shall not be liable

for unintentional injuries to the recreational users and observ

ers resulting from such releases and activities.

(b) Nothing in RCW 4.24.200 and this section limits or

expands in any way the doctrine of attractive nuisance.

other users is permissive and does not support any claim of

adverse possession.

(5) For purposes of this section, the following are not

fees:

(a) A license or permit issued for statewide use under

authority of chapter 79A.05 RCW or Title 77 RCW;

(b) A pass or permit issued under RCW 79A.80.020,

79A.80.030, or 79A.80.040; and

son, per day, for access to a publicly owned ORV sports park,

as defined in RCW 46.09.310, or other public facility

accessed by a highway, street, or nonhighway road for the

purposes of off-road vehicle use. [2012 c 15 § 1. Prior: 2011

c 320 § 11; 2011 c 171 § 2; 2011 c 53 § 1; 2006 c 212 § 6;

prior: 2003 c 39 § 2; 2003 c 16 § 2; 1997 c 26 § 1; 1992 c 52

§ 1; prior: 1991 c 69 § 1; 1991 c 50 § 1; 1980 c 111 § 1; 1979

c 53 § 1; 1972 ex.s. c 153 § 17; 1969 ex.s. c 24 § 2; 1967 c

216 § 2.]

Findings—Intent—2011 c 320: See RCW 79A.80.005.

Effective date—2011 c 320: See note following RCW 79A.80.005.

Intent—2011 c 171: "This act is intended to reconcile and conform

amendments made in chapter 161, Laws of 2010 with other legislation

passed during the 2010 legislative sessions, as well as provide technical

amendments to codified sections affected by chapter 161, Laws of 2010. Any

statutory changes made by this act should be interpreted as technical in

nature and not be interpreted to have any substantive policy or legal implica

tions." [2011 c 171 § 1.]

Effective date—2011 c 171: "Except for section 129 of this act, this act

is necessary for the immediate preservation of the public peace, health, or

safety, or support of the state government and its existing public institutions,

and takes effect July 1, 2011." [2011 c 171 § 142.]

Finding—2003 c 16: "The legislature finds that some property owners

in Washington are concerned about the possibility of liability arising when

individuals are permitted to engage in potentially dangerous outdoor recre

ational activities, such as rock climbing. Although RCW 4.24.210 provides

property owners with immunity from legal claims for any unintentional inju

ries suffered by certain individuals recreating on their land, the legislature

finds that it is important to the promotion of rock climbing opportunities to

specifically include rock climbing as one of the recreational activities that

are included in RCW 4.24.210. By including rock climbing in RCW

4.24.210, the legislature intends merely to provide assurance to the owners

of property suitable for this type of recreation, and does not intend to limit

the application of RCW 4.24.210 to other types of recreation. By providing

that a landowner shall not be liable for any unintentional injuries resulting

from the condition or use of a fixed anchor used in rock climbing, the legis

lature recognizes that such fixed anchors are recreational equipment used by

climbers for which a landowner has no duty of care." [2003 c 16 § 1.].

Purpose—1972 ex.s. c 153: See RCW 79A.35.070.

Off-road and nonhighway vehicles: Chapter 46.09 RCW.

Snowmobiles: Chapter 46.10 RCW.

4.24.220

4.24.220 Actio n for being detained on m ercantile establishment premises for investigation—"Reasonable grounds" as defense.

4.24.220 Action for being detained on mercantile

establishment premises for investigation—"Reasonable

grounds" as defense. In any civil action brought by reason

of any person having been detained on or in the immediate

vicinity of the premises of a mercantile establishment for the

purpose of investigation or questioning as to the ownership of

any merchandise, it shall be a defense of such action that the

person was detained in a reasonable manner and for not more

than a reasonable time to permit such investigation or ques

tioning by a peace officer or by the owner of the mercantile

establishment, his or her authorized employee or agent, and

that such peace officer, owner, employee, or agent had rea

sonable grounds to believe that the person so detained was

committing or attempting to commit larceny or shoplifting on

such premises of such merchandise. As used in this section,

"reasonable grounds" shall include, but not be limited to,

knowledge that a person has concealed possession of unpur

chased merchandise of a mercantile establishment, and a

"reasonable time" shall mean the time necessary to permit the

person detained to make a statement or to refuse to make a

statement, and the time necessary to examine employees and

records of the mercantile establishment relative to the owner

ship of the merchandise. [2011 c 336 § 96; 1967 c 76 § 3.]

Theft and robbery: Chapter 9A.56 RCW.

4.24.230

4.24.230 Liability for conversion of goods or merchandise from store or mercan tile establishment, leaving restaurant or hotel or mot el without paying—Adu lts, minors—Parents, gu ardia ns—Notice.

4.24.230 Liability for conversion of goods or mer-

chandise from store or mercantile establishment, leaving

restaurant or hotel or motel without paying—Adults,

minors—Parents, guardians—Notice. (1) An adult or

emancipated minor who takes possession of any goods,

wares, or merchandise displayed or offered for sale by any

wholesale or retail store or other mercantile establishment

without the consent of the owner or seller, and with the inten

tion of converting such goods, wares, or merchandise to his

or her own use without having paid the purchase price thereof

is liable in addition to actual damages, for a penalty to the

owner or seller in the amount of the retail value thereof not to

exceed two thousand eight hundred fifty dollars, plus an addi

4.24.235 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 22] (2016 Ed.)

tional penalty of not less than one hundred dollars nor more

than six hundred fifty dollars, plus all reasonable attorney's

fees and court costs expended by the owner or seller. A cus

tomer who orders a meal in a restaurant or other eating estab-

lishment, receives at least a portion thereof, and then leaves

without paying, is subject to liability under this section. A

person who shall receive any food, money, credit, lodging, or

accommodation at any hotel, motel, boarding house, or lodg

ing house, and then leaves without paying the proprietor,

manager, or authorized employee thereof, is subject to liabil

ity under this section.

(2) The parent or legal guardian having the custody of an

unemancipated minor who takes possession of any goods,

wares, or merchandise displayed or offered for sale by any

wholesale or retail store or other mercantile establishment

without the consent of the owner or seller and with the inten

tion of converting such goods, wares, or merchandise to his

or her own use without having paid the purchase price

thereof, is liable as a penalty to the owner or seller for the

retail value of such goods, wares, or merchandise not to

exceed one thousand four hundred twenty-five dollars plus an

additional penalty of not less than one hundred dollars nor

more than six hundred fifty dollars, plus all reasonable attor

ney's fees and court costs expended by the owner or seller.

The parent or legal guardian having the custody of an

unemancipated minor, who orders a meal in a restaurant or

other eating establishment, receives at least a portion thereof,

and then leaves without paying, is subject to liability under

this section. The parent or legal guardian having the custody

of an unemancipated minor, who receives any food, money,

credit, lodging, or accommodation at any hotel, motel, board

ing house, or lodging house, and then leaves without paying

the proprietor, manager, or authorized employee thereof, is

subject to liability under this section. For the purposes of this

subsection, liability shall not be imposed upon any govern

mental entity, private agency, or foster parent assigned

responsibility for the minor child pursuant to court order or

action of the department of social and health services.

(3) Judgments and claims arising under this section may

be assigned.

(4) A conviction for violation of chapter 9A.56 RCW

shall not be a condition precedent to maintenance of a civil

action authorized by this section.

(5) An owner or seller demanding payment of a penalty

under subsection (1) or (2) of this section shall give written

notice to the person or persons from whom the penalty is

sought. The notice shall state:

"IMPORTANT NOTICE: The payment of any penalty

demanded of you does not prevent criminal prosecution

under a related criminal provision."

This notice shall be boldly and conspicuously displayed,

in at least the same size type as is used in the demand, and

shall be sent with the demand for payment of a penalty

described in subsection (1) or (2) of this section. [2009 c 431

§ 3; 1994 c 9 § 1; 1987 c 353 § 1; 1981 c 126 § 1; 1977 ex.s.

c 134 § 1; 1975 1st ex.s. c 59 § 1.]

Applicability—2009 c 431: "This act applies to crimes committed on or

after September 1, 2009." [2009 c 431 § 20.]

Obtaining food from restaurant without paying: RCW 19.48.110.

Property crime database, liability: RCW 4.24.340.

4.24.235

4.24.235 Phy sicians—Immunity from liab ility regarding safety belts .

4.24.235 Physicians—Immunity from liability

regarding safety belts. A licensed physician shall not be lia

ble for civil damages resulting directly or indirectly from pro-

viding, or refusing to provide, a written verification that a

person under that physician's care us [is] unable to wear an

automotive safety belt. [1986 c 152 § 2.]

Safety belts, use required: RCW 46.61.688.

4.24.240

4.24.240 Persons licensed to provide health care or related services, e mployees, hospitals, cl inics, etc.—Professional review committee, society, examining, licensing or disciplinary board member s, etc.—Immunity from c ivil suit.

4.24.240 Persons licensed to provide health care or

related services, employees, hospitals, clinics, etc.—Pro

fessional review committee, society, examining, licensing

or disciplinary board members, etc.—Immunity from

civil suit. (1)(a) A person licensed by this state to provide

health care or related services including, but not limited to, an

East Asian medicine practitioner, a physician, osteopathic

physician, dentist, nurse, optometrist, podiatric physician and

surgeon, chiropractor, physical therapist, psychologist, phar

macist, optician, physician assistant, osteopathic physician's

assistant, nurse practitioner, including, in the event such per

son is deceased, his or her estate or personal representative;

(b) An employee or agent of a person described in sub-

paragraph (a) of this subsection, acting in the course and

scope of his or her employment, including, in the event such

employee or agent is deceased, his or her estate or personal

representative; or

institution employing one or more persons described in sub

paragraph (a) of this subsection, including, but not limited to,

a hospital, clinic, health maintenance organization, or nursing

home; or an officer, director, trustee, employee, or agent

thereof acting in the course and scope of his or her employ

ment, including in the event such officer, director, employee,

or agent is deceased, his or her estate or personal representa

tive;

shall be immune from civil action for damages arising out of

the good faith performance of their duties on such commit

tees, where such actions are being brought by or on behalf of

the person who is being evaluated.

(2) No member, employee, staff person, or investigator

of a professional review committee shall be liable in a civil

action as a result of acts or omissions made in good faith on

behalf of the committee; nor shall any person be so liable for

filing charges with or supplying information or testimony in

good faith to any professional review committee; nor shall a

member, employee, staff person, or investigator of a profes

sional society, of a professional examining or licensing

board, of a professional disciplinary board, of a governing

board of any institution, or of any employer of professionals

be so liable for good faith acts or omissions made in full or

partial reliance on recommendations or decisions of a profes

sional review committee or examining board. [2010 c 286 §

11; 1995 c 323 § 1; 1985 c 326 § 25; 1975-'76 2nd ex.s. c 56

§ 4; 1975 1st ex.s. c 114 § 1; 1969 ex.s. c 157 § 1.]

Intent—2010 c 286: See RCW 18.06.005.

Additional notes found at www.leg.wa.gov

4.24.250

4.24.250 Health care provider filing charges or presenting evidence—Immunity—Information sharing.

4.24.250 Health care provider filing charges or pre-

senting evidence—Immunity—Information sharing. (1)

Any health care provider as defined in RCW 7.70.020 (1) and

(2) who, in good faith, files charges or presents evidence

against another member of their profession based on the

Special Rights of Action and Special Immunities 4.24.290

(2016 Ed.) [Title 4 RCW—page 23]

claimed incompetency or gross misconduct of such person

before a regularly constituted review committee or board of a

professional society or hospital whose duty it is to evaluate

the competency and qualifications of members of the profes

sion, including limiting the extent of practice of such person

in a hospital or similar institution, or before a regularly con

stituted committee or board of a hospital whose duty it is to

review and evaluate the quality of patient care and any person

or entity who, in good faith, shares any information or docu

ments with one or more other committees, boards, or pro-

grams under subsection (2) of this section, shall be immune

from civil action for damages arising out of such activities.

For the purposes of this section, sharing information is pre

sumed to be in good faith. However, the presumption may be

rebutted upon a showing of clear, cogent, and convincing evi

dence that the information shared was knowingly false or

deliberately misleading. The proceedings, reports, and writ

ten records of such committees or boards, or of a member,

employee, staff person, or investigator of such a committee

or board, are not subject to review or disclosure, or subpoena

or discovery proceedings in any civil action, except actions

arising out of the recommendations of such committees or

boards involving the restriction or revocation of the clinical

or staff privileges of a health care provider as defined in

RCW 7.70.020 (1) and (2).

(2) A coordinated quality improvement program main-

tained in accordance with RCW 43.70.510 or 70.41.200, a

quality assurance committee maintained in accordance with

RCW 18.20.390 or 74.42.640, or any committee or board

under subsection (1) of this section may share information

and documents, including complaints and incident reports,

created specifically for, and collected and maintained by, a

coordinated quality improvement committee or committees

or boards under subsection (1) of this section, with one or

more other coordinated quality improvement programs or

committees or boards under subsection (1) of this section for

the improvement of the quality of health care services ren

dered to patients and the identification and prevention of

medical malpractice. The privacy protections of chapter

70.02 RCW and the federal health insurance portability and

accountability act of 1996 and its implementing regulations

apply to the sharing of individually identifiable patient infor

mation held by a coordinated quality improvement program.

Any rules necessary to implement this section shall meet the

requirements of applicable federal and state privacy laws.

Information and documents disclosed by one coordinated

quality improvement program or committee or board under

subsection (1) of this section to another coordinated quality

improvement program or committee or board under subsec

tion (1) of this section and any information and documents

created or maintained as a result of the sharing of information

and documents shall not be subject to the discovery process

and confidentiality shall be respected as required by subsec

tion (1) of this section and by RCW 43.70.510(4),

70.41.200(3), 18.20.390 (6) and (8), and 74.42.640 (7) and

(9). [2005 c 291 § 1; 2005 c 33 § 5; 2004 c 145 § 1; 1981 c

181 § 1; 1979 c 17 § 1; 1977 c 68 § 1; 1975 1st ex.s. c 114 §

2; 1971 ex.s. c 144 § 1.]

Reviser's note: This section was amended by 2005 c 33 § 5 and by 2005

c 291 § 1, each without reference to the other. Both amendments are incor

porated in the publication of this section under RCW 1.12.025(2). For rule of

construction, see RCW 1.12.025(1).

Findings—2005 c 33: See note following RCW 18.20.390.

4.24.260

4.24.260 He alth professionals making reports, filing charge s, or presenting evidence—Immunity.

4.24.260 Health professionals making reports, filing

charges, or presenting evidence—Immunity. Any mem

ber of a health profession listed under RCW 18.130.040 who,

in good faith, makes a report, files charges, or presents evi

dence against another member of a health profession based

on the claimed unprofessional conduct as provided in RCW

18.130.180 or inability to practice with reasonable skill and

safety to consumers by reason of any physical or mental con

dition as provided in RCW 18.130.170 of such person before

the agency, board, or commission responsible for disciplinary

activities for the person's profession under chapter 18.130

RCW, shall be immune from civil action for damages arising

out of such activities. A person prevailing upon the good faith

defense provided for in this section is entitled to recover

expenses and reasonable attorneys' fees incurred in establish

ing the defense. [2006 c 8 § 102; 1994 sp.s. c 9 § 701; 1975

1st ex.s. c 114 § 3; 1971 ex.s. c 144 § 2.]

Findings—Intent—Part headings and subheadings not law—Sever-

ability—2006 c 8: See notes following RCW 5.64.010.

Additional notes found at www.leg.wa.gov

4.24.264

4.24.264 Boards of directors or officers of nonprofit co rporations —Liability—Limitations.

4.24.264 Boards of directors or officers of nonprofit

corporations—Liability—Limitations. (1) Except as pro

vided in subsection (2) of this section, a member of the board

of directors or an officer of any nonprofit corporation is not

individually liable for any discretionary decision or failure to

make a discretionary decision within his or her official capac

ity as director or officer unless the decision or failure to

decide constitutes gross negligence.

(2) Nothing in this section shall limit or modify in any

manner the duties or liabilities of a director or officer of a cor

poration to the corporation or the corporation's members.

[1987 c 212 § 1101; 1986 c 305 § 903.]

Additional notes found at www.leg.wa.gov

4.24.290

4.24.290 Action for damages based on professional negligence of hospitals or members of healing arts—Standard of proof—Evidence— Exception.

4.24.290 Action for damages based on professional

negligence of hospitals or members of healing arts—Stan

dard of proof—Evidence—Exception. In any civil action

for damages based on professional negligence against a hos

pital which is licensed by the state of Washington or against

the personnel of any such hospital, or against a member of the

healing arts including, but not limited to, an East Asian med

icine practitioner licensed under chapter 18.06 RCW, a phy-

sician licensed under chapter 18.71 RCW, an osteopathic

physician licensed under chapter 18.57 RCW, a chiropractor

licensed under chapter 18.25 RCW, a dentist licensed under

chapter 18.32 RCW, a podiatric physician and surgeon

licensed under chapter 18.22 RCW, or a nurse licensed under

chapter 18.79 RCW, the plaintiff in order to prevail shall be

required to prove by a preponderance of the evidence that the

defendant or defendants failed to exercise that degree of skill,

care, and learning possessed at that time by other persons in

the same profession, and that as a proximate result of such

failure the plaintiff suffered damages, but in no event shall

the provisions of this section apply to an action based on the

failure to obtain the informed consent of a patient. [2010 c

4.24.300 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 24] (2016 Ed.)

286 § 12; 1995 c 323 § 2; 1994 sp.s. c 9 § 702; 1985 c 326 §

26; 1983 c 149 § 1; 1975 1st ex.s. c 35 § 1.]

Intent—2010 c 286: See RCW 18.06.005.

Limitations of actions for injuries resulting from health care or related ser-

vices: RCW 4.16.350.

Additional notes found at www.leg.wa.gov

4.24.30 0

4.24.300 Imm unit y from liability for certa in types of medical care.

4.24.300 Immunity from liability for certain types of

medical care. (1) Any person, including but not limited to a

volunteer provider of emergency or medical services, who

without compensation or the expectation of compensation

renders emergency care at the scene of an emergency or who

participates in transporting, not for compensation, therefrom

an injured person or persons for emergency medical treat

ment shall not be liable for civil damages resulting from any

act or omission in the rendering of such emergency care or in

transporting such persons, other than acts or omissions con

stituting gross negligence or willful or wanton misconduct.

Any person rendering emergency care during the course of

regular employment and receiving compensation or expect

ing to receive compensation for rendering such care is

excluded from the protection of this subsection.

(2) Any licensed health care provider regulated by a dis-

ciplining authority under RCW 18.130.040 in the state of

Washington who, without compensation or the expectation of

compensation, provides health care services at a community

health care setting is not liable for civil damages resulting

from any act or omission in the rendering of such care, other

than acts or omissions constituting gross negligence or will

ful or wanton misconduct.

(3) For purposes of subsection (2) of this section, "com-

munity health care setting" means an entity that provides

health care services and:

(a) Is a clinic operated by a public entity or private tax

exempt corporation, except a clinic that is owned, operated,

or controlled by a hospital licensed under chapter 70.41 RCW

unless the hospital-based clinic either:

(i) Maintains and holds itself out to the public as having

established hours on a regular basis for providing free health

care services to members of the public to the extent that care

is provided without compensation or expectation of compen

sation during those established hours; or

(ii) Is participating, through a written agreement, in a

community-based program to provide access to health care

services for uninsured persons, to the extent that:

(A) Care is provided without compensation or expecta-

tion of compensation to individuals who have been referred

for care through that community-based program; and

(B) The health care provider's participation in the com-

munity-based program is conditioned upon his or her agree-

ment to provide health services without expectation of com-

pensation;

(b) Is a for-profit corporation that maintains and holds

itself out to the public as having established hours on a regu

lar basis for providing free health care services to members of

the public to the extent that care is provided without compen

sation or expectation of compensation during those estab-

lished hours; or

through a written agreement, in a community-based program

to provide access to health care services for uninsured per

sons, to the extent that:

(i) Care is provided without compensation or expectation

of compensation to individuals who have been referred for

care through that community-based program; and

(ii) The health care provider's participation in the com-

munity-based program is conditioned upon his or her agree-

ment to provide health services without expectation of com-

pensation.

(4) Any school district employee not licensed under

chapter 18.79 RCW who renders emergency care at the scene

of an emergency during an officially designated school activ

ity or who participates in transporting therefrom an injured

person or persons for emergency medical treatment shall not

be liable for civil damages resulting from any act or omission

in the rendering of such emergency care or in transporting

such persons, other than acts or omissions constituting gross

negligence or willful or wanton misconduct. [2014 c 204 § 3;

2004 c 87 § 1; 2003 c 256 § 1; 1985 c 443 § 19; 1975 c 58 §

1.]

Citizen's immunity if aiding police officer: RCW 9.01.055.

Infectious disease testing availability: RCW 70.05.180.

Additional notes found at www.leg.wa.gov

4.24.310

4.24.310 Persons rendering emergency care or transportation—Definitions .

4.24.310 Persons rendering emergency care or trans-

portation—Definitions. For the purposes of RCW 4.24.300

the following words and phrases shall have the following

meanings unless the context clearly requires otherwise:

(1) "Compensation" has its ordinary meaning but does

not include: Nominal payments, reimbursement for expenses,

or pension benefits; payments made to volunteer part-time

and volunteer on-call personnel of fire departments, fire dis

tricts, ambulance districts, police departments, or any emer-

gency response organizations; or any payment to a person

employed as a transit operator who is paid for his or her reg

ular work, which work does not routinely include providing

emergency care or emergency transportation.

(2) "Emergency care" means care, first aid, treatment, or

assistance rendered to the injured person in need of immedi

ate medical attention and includes providing or arranging for

further medical treatment or care for the injured person.

Except with respect to the injured person or persons being

transported for further medical treatment or care, the immu

nity granted by RCW 4.24.300 does not apply to the negli-

gent operation of any motor vehicle.

(3) "Scene of an emergency" means the scene of an acci-

dent or other sudden or unexpected event or combination of

circumstances which calls for immediate action. [1989 c 223

§ 1; 1987 c 212 § 501; 1985 c 443 § 20; 1975 c 58 § 2.]

Infectious disease testing availability: RCW 70.05.180.

Additional notes found at www.leg.wa.gov

4.24.314

4.24.314 Person causing hazardous materials incident—Responsibility for incident clean-up—Liabi lity.

4.24.314 Person causing hazardous materials inci-

dent—Responsibility for incident clean-up—Liability.

(1) Any person transporting hazardous materials shall clean

up any hazardous materials incident that occurs during trans

portation, and shall take such additional action as may be rea-

sonably necessary after consultation with the designated inci-

dent command agency in order to achieve compliance with

all applicable federal and state laws and regulations.

Special Rights of Action and Special Immunities 4.24.350

(2016 Ed.) [Title 4 RCW—page 25]

Any person transporting hazardous materials that is

responsible for causing a hazardous materials incident, as

defined in RCW 70.136.020, other than the operating

employees of a transportation company, is liable to the state

or any political subdivision thereof for extraordinary costs

incurred by the state or the political subdivision in the course

of protecting the public from actual or threatened harm

resulting from the hazardous materials incident.

(2) Any person, other than a person transporting hazard-

ous materials or an operating employee of a company,

responsible for causing a hazardous materials incident, as

defined in RCW 70.136.020, is liable to a municipal fire

department or fire district for extraordinary costs incurred by

the municipal fire department or fire district, in the course of

protecting the public from actual or threatened harm resulting

from the hazardous materials incident, until the incident over

sight is assumed by the department of ecology.

(3) "Extraordinary costs" as used in this section means

those reasonable and necessary costs incurred by a govern

mental entity in the course of protecting life and property that

exceed the normal and usual expenses anticipated for police

and fire protection, emergency services, and public works.

These shall include, but not be limited to, overtime for public

employees, unusual fuel consumption requirements, any loss

or damage to publicly owned equipment, and the purchase or

lease of any special equipment or services required to protect

the public during the hazardous materials incident. [1989 c

406 § 1; 1984 c 165 § 3.]

4.24.32 0

4.24.320 Actio n by person damaged by m alicious mischief to lives tock or by o wner damage d by theft of livestock— Treble dama ges, attorney's fee s.

4.24.320 Action by person damaged by malicious

mischief to livestock or by owner damaged by theft of

livestock—Treble damages, attorney's fees. Any person

whose livestock is damaged as a result of actions described in

RCW 16.52.205 or any owner of livestock who suffers dam

age as a result of a willful, unauthorized act described in

RCW 9A.56.080, 9A.56.083, or 16.52.320 may bring an

action against the person or persons committing the act in a

court of competent jurisdiction for exemplary damages up to

three times the actual damages sustained, plus attorney's fees.

As used in this section, "livestock" means the animals speci

fied in RCW 9A.56.080 and 16.52.011. [2011 c 67 § 2; 2005

c 419 § 2; 2003 c 53 § 4; 1979 c 145 § 1; 1977 ex.s. c 174 § 3.]

Intent—Effective date—2003 c 53: See notes following RCW

2.48.180.

4.24.33 0

4.24.330 Action for damages caused by criminal street gang tagging and graffiti.

4.24.330 Action for damages caused by criminal

street gang tagging and graffiti. (1) An adult or emanci

pated minor who commits criminal street gang tagging and

graffiti under RCW 9A.48.105 by causing physical damage

to the property of another is liable in addition to actual dam

ages, for a penalty to the owner in the amount of the value of

the damaged property not to exceed one thousand dollars,

plus an additional penalty of not less than one hundred dollars

nor more than two hundred dollars, plus all reasonable attor

neys' fees and court costs expended by the owner.

(2) A conviction for violation of RCW 9A.48.105 is not

a condition precedent to maintenance of a civil action autho

rized by this section.

(3) An owner demanding payment of a penalty under

subsection (1) of this section shall give written notice to the

person or persons from whom the penalty is sought. [2008 c

276 § 307.]

Severability—Part headings, subheadings not law—2008 c 276: See

notes following RCW 36.28A.200.

4.24.340

4.24.340 Liability of merchants and other parties for creating a property crime database—Information sharing.

4.24.340 Liability of merchants and other parties for

creating a property crime database—Information shar

ing. Merchants and other parties who create a database of

individuals who have been: Apprehended in the process of

committing a property crime; assessed a civil fine or penalty

for committing a property crime; or convicted of a property

crime are not subject to civil fines or penalties for sharing

information from the database with other merchants, law

enforcement officials, or legal professionals. [2009 c 431 §

19.]

Applicability—2009 c 431: See note following RCW 4.24.230.

4.24.350

4.24.350 Act ions for damages that are false , unfounded, malicious, without probable cause, or part of conspiracy—Action, claim, or counterclaim by judicial officer, prosecuting authority, or law enforcement officer for malicious prosecution—Damages and costs—Attorneys' fees—

Definitions.

4.24.350 Actions for damages that are false,

unfounded, malicious, without probable cause, or part of

conspiracy—Action, claim, or counterclaim by judicial

officer, prosecuting authority, or law enforcement officer

for malicious prosecution—Damages and costs—Attor

neys' fees—Definitions. (1) In any action for damages,

whether based on tort or contract or otherwise, a claim or

counterclaim for damages may be litigated in the principal

action for malicious prosecution on the ground that the action

was instituted with knowledge that the same was false, and

unfounded, malicious and without probable cause in the fil

ing of such action, or that the same was filed as a part of a

conspiracy to misuse judicial process by filing an action

known to be false and unfounded.

(2) In any action, claim, or counterclaim brought by a

judicial officer, prosecuting authority, or law enforcement

officer for malicious prosecution arising out of the perfor

mance or purported performance of the public duty of such

officer, an arrest or seizure of property need not be an ele

ment of the claim, nor do special damages need to be proved.

A judicial officer, prosecuting authority, or law enforcement

officer prevailing in such an action may be allowed an

amount up to one thousand dollars as liquidated damages,

together with a reasonable attorneys' fee, and other costs of

suit. A government entity which has provided legal services

to the prevailing judicial officer, prosecuting authority, or

law enforcement officer has reimbursement rights to any

award for reasonable attorneys' fees and other costs, but shall

have no such rights to any liquidated damages allowed.

(3) No action may be brought against an attorney under

this section solely because of that attorney's representation of

a party in a lawsuit.

(4) As used in this section:

(a) "Judicial officer" means a justice, judge, magistrate,

or other judicial officer of the state or a city, town, or county.

(b) "Prosecuting authority" means any officer or

employee of the state or a city, town, or county who is autho

rized by law to initiate a criminal or civil proceeding on

behalf of the public.

state patrol, a sheriff or deputy sheriff, or a member of the

police force of a city, town, university, state college, or port

district, or a fish and wildlife officer or ex officio fish and

4.24.360 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 26] (2016 Ed.)

wildlife officer as defined in RCW 77.08.010. [2001 c 253 §

1; 1997 c 206 § 1; 1984 c 133 § 2; 1977 ex.s. c 158 § 1.]

Legislative findings—1984 c 133: "The legislature finds that a growing

number of unfounded lawsuits, claims, and liens are filed against law

enforcement officers, prosecuting authorities, and judges, and against their

property, having the purpose and effect of deterring those officers in the

exercise of their discretion and inhibiting the performance of their public

duties.

The legislature also finds that the cost of defending against such

unfounded suits, claims and liens is severely burdensome to such officers,

and also to the state and the various cities and counties of the state. The pur

pose of section 2 of this 1984 act is to provide a remedy to those public offi-

cers and to the public." [1984 c 133 § 1.]

Additional notes found at www.leg.wa.gov

4.24.36 0

4.24.360 Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.—Declared void and unenforceable—Exceptions.

4.24.360 Construction contract provision waiving,

releasing, etc., rights of contractor, etc., to damages or

adjustment for unreasonable delay caused by contractee,

etc.—Declared void and unenforceable—Exceptions.

Any clause in a construction contract, as defined in RCW

4.24.370, which purports to waive, release, or extinguish the

rights of a contractor, subcontractor, or supplier to damages

or an equitable adjustment arising out of unreasonable delay

in performance which delay is caused by the acts or omis

sions of the contractee or persons acting for the contractee is

against public policy and is void and unenforceable.

This section shall not be construed to void any provision

in a construction contract, as defined in RCW 4.24.370,

which (1) requires notice of delays, (2) provides for arbitra

tion or other procedure for settlement, or (3) provides for rea-

sonable liquidated damages. [1979 ex.s. c 264 § 1.]

4.24.37 0

4.24.370 Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.—"Construction contract" defined.

4.24.370 Construction contract provision waiving,

releasing, etc., rights of contractor, etc., to damages or

adjustment for unreasonable delay caused by contractee,

etc.—"Construction contract" defined. "Construction

contract" for purposes of RCW 4.24.360 means any contract

or agreement for the construction, alteration, repair, addition

to, subtraction from, improvement to, or maintenance of, any

building, highway, road, railroad, excavation, or other struc

ture, project, development, or improvement attached to real

estate, including moving and demolition in connection there

with. [1979 ex.s. c 264 § 2.]

4.24.38 0

4.24.380 Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.—Prospective application of RCW 4.24.360.

4.24.380 Construction contract provision waiving,

releasing, etc., rights of contractor, etc., to damages or

adjustment for unreasonable delay caused by contractee,

etc.—Prospective application of RCW 4.24.360. The pro

visions of RCW 4.24.360 shall apply to contracts or agree-

ments entered into after September 1, 1979. [1979 ex.s. c 264

§ 3.]

4.24.40 0

4.24.400 Building warden assisting others to evacuate building or attempting t o control hazard—Immunity from liability.

4.24.400 Building warden assisting others to evacu-

ate building or attempting to control hazard—Immunity

from liability. No building warden, who acts in good faith,

with or without compensation, shall be personally liable for

civil damages arising from his or her negligent acts or omis

sions during the course of assigned duties in assisting others

to evacuate industrial, commercial, governmental or multi-

unit residential buildings or in attempting to control or allevi

ate a hazard to the building or its occupants caused by fire,

earthquake or other threat to life or limb. The term "building

warden" means an individual who is assigned to take charge

of the occupants on a floor or in an area of a building during

an emergency in accordance with a predetermined fire safety

or evacuation plan; and/or an individual selected by a munic

ipal fire chief or the chief of the Washington state patrol,

through the director of fire protection, after an emergency is

in progress to assist in evacuating the occupants of such a

building or providing for their safety. This section shall not

apply to any acts or omissions constituting gross negligence

or wilful or wanton misconduct. [1995 c 369 § 2; 1986 c 266

§ 79; 1981 c 320 § 1.]

Additional notes found at www.leg.wa.gov

4.24.410

4.24.410 Dog handler using dog in line of duty—Immunity.

4.24.410 Dog handler using dog in line of duty—

Immunity. (1) As used in this section:

(a) "Police dog" means a dog used by a law enforcement

agency specially trained for law enforcement work and under

the control of a dog handler.

(b) "Accelerant detection dog" means a dog used exclu-

sively for accelerant detection by the state fire marshal or a

fire department and under the control of the state fire marshal

or his or her designee or a fire department handler.

has successfully completed training as prescribed by the

Washington state criminal justice training commission in

police dog handling, or in the case of an accelerant detection

dog, the state fire marshal's designee or an employee of the

fire department authorized by the fire chief to be the dog's

handler.

(2) Any dog handler who uses a police dog in the line of

duty in good faith is immune from civil action for damages

arising out of such use of the police dog or accelerant detec

tion dog. [1993 c 180 § 1; 1989 c 26 § 1; 1982 c 22 § 1.]

4.24.420

4.24.420 Action by person committing a felony—Defense—Actions under 42 U.S.C. Sec. 1983.

4.24.420 Action by person committing a felony—

Defense—Actions under 42 U.S.C. Sec. 1983. It is a com

plete defense to any action for damages for personal injury or

wrongful death that the person injured or killed was engaged

in the commission of a felony at the time of the occurrence

causing the injury or death and the felony was a proximate

cause of the injury or death. However, nothing in this section

shall affect a right of action under 42 U.S.C. Sec. 1983.

[1987 c 212 § 901; 1986 c 305 § 501.]

Additional notes found at www.leg.wa.gov

4.24.430

4.24.430 Actio ns by persons serving c riminal sentence—Waiver of filing fees—Effect of previous claims dismissed on grounds claim was frivolou s or malicious.

4.24.430 Actions by persons serving criminal sen-

tence—Waiver of filing fees—Effect of previous claims

dismissed on grounds claim was frivolous or malicious. If

a person serving a criminal sentence in a federal, state, local,

or privately operated correctional facility seeks leave to pro

ceed in state court without payment of filing fees in any civil

action or appeal against the state, a state or local governmen

tal agency or entity, or a state or local official, employee, or

volunteer acting in such capacity, except an action that, if

successful, would affect the duration of the person's confine

ment, the court shall deny the request for waiver of the court

filing fees if the person has, on three or more occasions while

incarcerated or detained in any such facility, brought an

action or appeal that was dismissed by a state or federal court

on grounds that it was frivolous or malicious. One of the three

previous dismissals must have involved an action or appeal

commenced after July 22, 2011. A court may permit the per

Special Rights of Action and Special Immunities 4.24.500

(2016 Ed.) [Title 4 RCW—page 27]

son to commence the action or appeal without payment of fil-

ing fees if the court determines the person is in imminent dan-

ger of serious physical injury. [2011 c 220 § 1.]

4.24.45 0

4.24.450 Liab ility of operators for nuc lear incidents—Definitions .

4.24.450 Liability of operators for nuclear inci-

dents—Definitions. Unless the context clearly requires oth-

erwise the following definitions apply throughout RCW

4.24.460:

(1) "Nuclear incident" means any occurrence within this

state causing, within or without this state, bodily injury, sick

ness, disease or death; loss or damage to property; or loss of

use of property arising out of the resultant radioactive, toxic,

explosive, or other hazardous properties of radioactive

wastes being stored in or being transported to or from a waste

repository in this state.

(2) "Operator" means the entity or entities that have been

given responsibility for constructing, operating, or monitor

ing waste repositories or transporting radioactive waste and

may include the United States and its federal agencies.

(3) "Radioactive waste" includes, but is not limited to,

high-level radioactive waste, low-level radioactive waste,

transuranic radioactive waste, spent nuclear fuel, and radio

active defense waste. It does not include de minimis radioac-

tive waste.

(4) "Spent nuclear fuel" means fuel that has been with-

drawn from a nuclear reactor following irradiation, the con-

stituent elements of which have not been separated by repro-

cessing.

(5) "Waste repository" means any system which is

intended or may be used for the disposal or storage of radio

active waste including permanent disposal systems, interim

storage systems, monitored retrievable storage systems,

defense waste storage systems, test and evaluation facilities,

or similar systems. [1985 c 275 § 1.]

4.24.46 0

4.24.460 Liability of operators for nuclear incidents—Presumption of operator negligence—Rebuttal—Recovery for negligence or against other parties n ot limited by section.

4.24.460 Liability of operators for nuclear inci-

dents—Presumption of operator negligence—Rebuttal—

Recovery for negligence or against other parties not lim

ited by section. (1) Operators are liable for failure to exer-

cise ordinary and reasonable care to protect persons and prop-

erty subject to injury in nuclear incidents. In addition, opera-

tors are liable for operational expenses and emergency

purchases incurred by local or state governments in respond

ing to nuclear incidents.

(2) If a nuclear incident occurs, there is a presumption

that the operator of a waste repository was negligent in con

structing, operating, or monitoring the waste repository, or in

transporting radioactive waste, and that the operator was an

actual cause of the nuclear incident. The presumption may be

rebutted by a clear and convincing showing by the operator

that the nuclear incident was not the result of the operator's

negligence and that the operator's negligence was not an

actual cause of the nuclear incident.

(3) This section does not limit the recovery of parties

injured by a nuclear incident against the operators of a waste

repository under theories of negligence in selecting contrac

tors, failure to retain adequate controls over the waste repos-

itory, vicarious liability for contractors, failure to take rea-

sonable precautionary measures with respect to inherently

dangerous activities, and other negligence theories. This sec

tion does not limit the recovery of parties injured by a nuclear

incident against parties other than operators of a waste facil

ity. [1985 c 275 § 2.]

4.24.470

4.24.470 Liability of officials and members of governing body of public agency—Definitions.

4.24.470 Liability of officials and members of gov-

erning body of public agency—Definitions. (1) An

appointed or elected official or member of the governing

body of a public agency is immune from civil liability for

damages for any discretionary decision or failure to make a

discretionary decision within his or her official capacity, but

liability shall remain on the public agency for the tortious

conduct of its officials or members of the governing body.

(2) For purposes of this section:

(a) "Public agency" means any state agency, board, com-

mission, department, institution of higher education, school

district, political subdivision, or unit of local government of

this state including but not limited to municipal corporations,

quasi-municipal corporations, special purpose districts, and

local service districts.

(b) "Governing body" means the policy-making body of

a public agency. [1987 c 212 § 401.]

Actions against local government for tortious conduct: Chapter 4.96 RCW.

4.24.480

4.24.480 Li abil ity of members of state h azardous materials pla nning committee and local emergency planning committees.

4.24.480 Liability of members of state hazardous

materials planning committee and local emergency plan

ning committees. Any person who is appointed by the state

emergency response commission under the authority of Sec.

301(c) of Title III of the Superfund Amendments and Reau

thorization Act of 1986 (42 U.S.C. Sec. 11001) to serve on

the state hazardous materials planning committee or a local

emergency planning committee who, in good faith, assists in

the development or review of local plans to respond to haz

ardous materials incidents is not liable for civil damages as a

result of any act or omission in the development, review, or

implementation of such plans unless the act or omission con

stitutes gross negligence or wilful misconduct. [1988 c 42 §

15.]

Additional notes found at www.leg.wa.gov

4.24.490

4.24.490 Indemnification of state employees.

4.24.490 Indemnification of state employees. (1) The

state shall indemnify and hold harmless its employees in the

amount of any judgment obtained or fine levied against an

employee in any state or federal court, or in the amount of the

settlement of a claim, or shall pay the judgment, fine, or set

tlement, if the act or omission that gave rise to the civil or

criminal liability was in good faith and occurred while the

employee was acting within the scope of his or her employ

ment or duties and the employee is being represented in

accordance with RCW 4.92.070.

(2) For purposes of this section "state employee" means

a member of the civil service or an exempt person under

chapter 41.06 RCW, or *higher education personnel under

chapter 28B.16 RCW. [1989 c 413 § 3.]

*Reviser's note: Chapter 28B.16 RCW was repealed by 1993 c 281,

with the exception of RCW 28B.16.015 and 28B.16.240, which was recodi

fied as RCW 41.06.382. The powers, duties, and functions of the state higher

education personnel board were transferred to the Washington personnel

resources board. RCW 28B.16.015 and 41.06.382 were subsequently

repealed by 2002 c 354 § 403, effective July 1, 2005.

4.24.500

4.24.500 Good faith communication to government agency—Legislative findings—Purpose.

4.24.500 Good faith communication to government

agency—Legislative findings—Purpose. Information pro

vided by citizens concerning potential wrongdoing is vital to

4.24.510 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 28] (2016 Ed.)

effective law enforcement and the efficient operation of gov-

ernment. The legislature finds that the threat of a civil action

for damages can act as a deterrent to citizens who wish to

report information to federal, state, or local agencies. The

costs of defending against such suits can be severely burden

some. The purpose of RCW 4.24.500 through 4.24.520 is to

protect individuals who make good-faith reports to appropri

ate governmental bodies. [1989 c 234 § 1.]

4.24.51 0

4.24.510 Communication to government agency or self-regulatory organizat ion—Immunity from civil li ability.

4.24.510 Communication to government agency or

self-regulatory organization—Immunity from civil liabil

ity. A person who communicates a complaint or information

to any branch or agency of federal, state, or local govern

ment, or to any self-regulatory organization that regulates

persons involved in the securities or futures business and that

has been delegated authority by a federal, state, or local gov

ernment agency and is subject to oversight by the delegating

agency, is immune from civil liability for claims based upon

the communication to the agency or organization regarding

any matter reasonably of concern to that agency or organiza

tion. A person prevailing upon the defense provided for in

this section is entitled to recover expenses and reasonable

attorneys' fees incurred in establishing the defense and in

addition shall receive statutory damages of ten thousand dol

lars. Statutory damages may be denied if the court finds that

the complaint or information was communicated in bad faith.

[2002 c 232 § 2; 1999 c 54 § 1; 1989 c 234 § 2.]

Intent—2002 c 232: "Strategic lawsuits against public participation, or

SLAPP suits, involve communications made to influence a government

action or outcome which results in a civil complaint or counterclaim filed

against individuals or organizations on a substantive issue of some public

interest or social significance. SLAPP suits are designed to intimidate the

exercise of First Amendment rights and rights under Article I, section 5 of

the Washington state Constitution.

Although Washington state adopted the first modern anti-SLAPP law in

1989, that law has, in practice, failed to set forth clear rules for early dis

missal review. Since that time, the United States supreme court has made it

clear that, as long as the petitioning is aimed at procuring favorable govern

ment action, result, product, or outcome, it is protected and the case should

be dismissed. Chapter 232, Laws of 2002 amends Washington law to bring it

in line with these court decisions which recognizes that the United States

Constitution protects advocacy to government, regardless of content or

motive, so long as it is designed to have some effect on government decision

making." [2002 c 232 § 1.]

4.24.52 0

4.24.520 Good faith communication to government agency—When agency or attorney general may defend against lawsuit—Costs and fees.

4.24.520 Good faith communication to government

agency—When agency or attorney general may defend

against lawsuit—Costs and fees. In order to protect the free

flow of information from citizens to their government, an

agency receiving a complaint or information under RCW

4.24.510 may intervene in and defend against any suit precip

itated by the communication to the agency. In the event that a

local governmental agency does not intervene in and defend

against a suit arising from any communication protected

under chapter 234, Laws of 1989, the office of the attorney

general may intervene in and defend against the suit. An

agency prevailing upon the defense provided for in RCW

4.24.510 shall be entitled to recover costs and reasonable

attorneys' fees incurred in establishing the defense. If the

agency fails to establish the defense provided for in RCW

4.24.510, the party bringing the action shall be entitled to

recover from the agency costs and reasonable attorney's fees

incurred in proving the defense inapplicable or invalid.

[1989 c 234 § 4.]

4.24.525

4.24.525 Pub lic participation lawsuits— Special motion to strike c laim—Damages, costs, attorneys' fees, other re lief—Definitions.

4.24.525 Public participation lawsuits—Special

motion to strike claim—Damages, costs, attorneys' fees,

other relief—Definitions. (1) As used in this section:

(a) "Claim" includes any lawsuit, cause of action, claim,

cross-claim, counterclaim, or other judicial pleading or filing

requesting relief;

(b) "Government" includes a branch, department,

agency, instrumentality, official, employee, agent, or other

person acting under color of law of the United States, a state,

or subdivision of a state or other public authority;

motion described in subsection (4) of this section is filed

seeking dismissal of a claim;

(d) "Other governmental proceeding authorized by law"

means a proceeding conducted by any board, commission,

agency, or other entity created by state, county, or local stat

ute or rule, including any self-regulatory organization that

regulates persons involved in the securities or futures busi

ness and that has been delegated authority by a federal, state,

or local government agency and is subject to oversight by the

delegating agency.

(e) "Person" means an individual, corporation, business

trust, estate, trust, partnership, limited liability company,

association, joint venture, or any other legal or commercial

entity;

(f) "Responding party" means a person against whom the

motion described in subsection (4) of this section is filed.

(2) This section applies to any claim, however character-

ized, that is based on an action involving public participation

and petition. As used in this section, an "action involving

public participation and petition" includes:

(a) Any oral statement made, or written statement or

other document submitted, in a legislative, executive, or judi

cial proceeding or other governmental proceeding authorized

by law;

(b) Any oral statement made, or written statement or

other document submitted, in connection with an issue under

consideration or review by a legislative, executive, or judicial

proceeding or other governmental proceeding authorized by

law;

other document submitted, that is reasonably likely to

encourage or to enlist public participation in an effort to

effect consideration or review of an issue in a legislative,

executive, or judicial proceeding or other governmental pro

ceeding authorized by law;

(d) Any oral statement made, or written statement or

other document submitted, in a place open to the public or a

public forum in connection with an issue of public concern;

(e) Any other lawful conduct in furtherance of the exer-

cise of the constitutional right of free speech in connection

with an issue of public concern, or in furtherance of the exer

cise of the constitutional right of petition.

(3) This section does not apply to any action brought by

the attorney general, prosecuting attorney, or city attorney,

acting as a public prosecutor, to enforce laws aimed at public

protection.

(4)(a) A party may bring a special motion to strike any

claim that is based on an action involving public participation

and petition, as defined in subsection (2) of this section.

Special Rights of Action and Special Immunities 4.24.530

(2016 Ed.) [Title 4 RCW—page 29]

(b) A moving party bringing a special motion to strike a

claim under this subsection has the initial burden of showing

by a preponderance of the evidence that the claim is based on

an action involving public participation and petition. If the

moving party meets this burden, the burden shifts to the

responding party to establish by clear and convincing evi

dence a probability of prevailing on the claim. If the respond-

ing party meets this burden, the court shall deny the motion.

tion, the court shall consider pleadings and supporting and

opposing affidavits stating the facts upon which the liability

or defense is based.

(d) If the court determines that the responding party has

established a probability of prevailing on the claim:

(i) The fact that the determination has been made and the

substance of the determination may not be admitted into evi

dence at any later stage of the case; and

(ii) The determination does not affect the burden of proof

or standard of proof that is applied in the underlying proceed

ing.

(e) The attorney general's office or any government body

to which the moving party's acts were directed may intervene

to defend or otherwise support the moving party.

(5)(a) The special motion to strike may be filed within

sixty days of the service of the most recent complaint or, in

the court's discretion, at any later time upon terms it deems

proper. A hearing shall be held on the motion not later than

thirty days after the service of the motion unless the docket

conditions of the court require a later hearing. Notwithstand

ing this subsection, the court is directed to hold a hearing with

all due speed and such hearings should receive priority.

(b) The court shall render its decision as soon as possible

but no later than seven days after the hearing is held.

the action shall be stayed upon the filing of a special motion

to strike under subsection (4) of this section. The stay of dis

covery shall remain in effect until the entry of the order ruling

on the motion. Notwithstanding the stay imposed by this sub

section, the court, on motion and for good cause shown, may

order that specified discovery or other hearings or motions be

conducted.

(d) Every party has a right of expedited appeal from a

trial court order on the special motion or from a trial court's

failure to rule on the motion in a timely fashion.

(6)(a) The court shall award to a moving party who pre-

vails, in part or in whole, on a special motion to strike made

under subsection (4) of this section, without regard to any

limits under state law:

(i) Costs of litigation and any reasonable attorneys' fees

incurred in connection with each motion on which the mov

ing party prevailed;

(ii) An amount of ten thousand dollars, not including the

costs of litigation and attorney fees; and

(iii) Such additional relief, including sanctions upon the

responding party and its attorneys or law firms, as the court

determines to be necessary to deter repetition of the conduct

and comparable conduct by others similarly situated.

(b) If the court finds that the special motion to strike is

frivolous or is solely intended to cause unnecessary delay, the

court shall award to a responding party who prevails, in part

or in whole, without regard to any limits under state law:

(i) Costs of litigation and any reasonable attorneys' fees

incurred in connection with each motion on which the

responding party prevailed;

(ii) An amount of ten thousand dollars, not including the

costs of litigation and attorneys' fees; and

(iii) Such additional relief, including sanctions upon the

moving party and its attorneys or law firms, as the court

determines to be necessary to deter repetition of the conduct

and comparable conduct by others similarly situated.

(7) Nothing in this section limits or precludes any rights

the moving party may have under any other constitutional,

statutory, case or common law, or rule provisions. [2010 c

118 § 2.]

Findings—Purpose—2010 c 118: "(1) The legislature finds and

declares that:

(a) It is concerned about lawsuits brought primarily to chill the valid

exercise of the constitutional rights of freedom of speech and petition for the

redress of grievances;

(b) Such lawsuits, called "Strategic Lawsuits Against Public Participa-

tion" or "SLAPPs," are typically dismissed as groundless or unconstitutional,

but often not before the defendants are put to great expense, harassment, and

interruption of their productive activities;

and entities from fully exercising their constitutional rights to petition the

government and to speak out on public issues;

(d) It is in the public interest for citizens to participate in matters of pub-

lic concern and provide information to public entities and other citizens on

public issues that affect them without fear of reprisal through abuse of the

judicial process; and

(e) An expedited judicial review would avoid the potential for abuse in

these cases.

(2) The purposes of this act are to:

(a) Strike a balance between the rights of persons to file lawsuits and to

trial by jury and the rights of persons to participate in matters of public con

cern;

(b) Establish an efficient, uniform, and comprehensive method for

speedy adjudication of strategic lawsuits against public participation; and

priate." [2010 c 118 § 1.]

Application—Construction—2010 c 118: "This act shall be applied

and construed liberally to effectuate its general purpose of protecting partic

ipants in public controversies from an abusive use of the courts." [2010 c 118

§ 3.]

Short title—2010 c 118: "This act may be cited as the Washington Act

Limiting Strategic Lawsuits Against Public Participation." [2010 c 118 § 4.]

4.24.530

4.24.530 Limi tations on liability for e quine activities—Definitio ns.

4.24.530 Limitations on liability for equine activi-

ties—Definitions. Unless the context clearly indicates other-

wise, the definitions in this section apply to RCW 4.24.530,

4.24.540, and section 3, chapter 292, Laws of 1989.

(1) "Equine" means a horse, pony, mule, donkey, or

hinny.

(2) "Equine activity" means: (a) Equine shows, fairs,

competitions, performances, or parades that involve any or

all breeds of equines and any of the equine disciplines,

including, but not limited to, dressage, hunter and jumper

horse shows, grand prix jumping, three-day events, combined

training, rodeos, driving, pulling, cutting, polo, steeplechas

ing, endurance trail riding and western games, and hunting;

(b) equine training and/or teaching activities; (c) boarding

equines; (d) riding, inspecting, or evaluating an equine

belonging to another whether or not the owner has received

some monetary consideration or other thing of value for the

use of the equine or is permitting a prospective purchaser of

the equine to ride, inspect, or evaluate the equine; and (e)

rides, trips, hunts, or other equine activities of any type how

4.24.540 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 30] (2016 Ed.)

ever informal or impromptu that are sponsored by an equine

activity sponsor.

(3) "Equine activity sponsor" means an individual, group

or club, partnership, or corporation, whether or not the spon

sor is operating for profit or nonprofit, which sponsors, orga-

nizes, or provides the facilities for, an equine activity includ-

ing but not limited to: Pony clubs, 4-H clubs, hunt clubs, rid-

ing clubs, school and college sponsored classes and

programs, therapeutic riding programs, and, operators,

instructors, and promoters of equine facilities, including but

not limited to stables, clubhouses, ponyride strings, fairs, and

arenas at which the activity is held.

(4) "Participant" means any person, whether amateur or

professional, who directly engages in an equine activity,

whether or not a fee is paid to participate in the equine activ

ity.

(5) "Engages in an equine activity" means a person who

rides, trains, drives, or is a passenger upon an equine, whether

mounted or unmounted, and does not mean a spectator at an

equine activity or a person who participates in the equine

activity but does not ride, train, drive, or ride as a passenger

upon an equine.

(6) "Equine professional" means a person engaged for

compensation (a) in instructing a participant or renting to a

participant an equine for the purpose of riding, driving, or

being a passenger upon the equine, or, (b) in renting equip

ment or tack to a participant. [1989 c 292 § 1.]

Additional notes found at www.leg.wa.gov

4.24.54 0

4.24.540 Limi tations on liability for equ ine activities—Exceptions.

4.24.540 Limitations on liability for equine activi-

ties—Exceptions. (1) Except as provided in subsection (2)

of this section, an equine activity sponsor or an equine pro

fessional shall not be liable for an injury to or the death of a

participant engaged in an equine activity, and, except as pro

vided in subsection (2) of this section, no participant nor par-

ticipant's representative may maintain an action against or

recover from an equine activity sponsor or an equine profes

sional for an injury to or the death of a participant engaged in

an equine activity.

(2)(a) RCW 4.24.530 and 4.24.540 do not apply to the

horse racing industry as regulated in chapter 67.16 RCW.

(b) Nothing in subsection (1) of this section shall prevent

or limit the liability of an equine activity sponsor or an equine

professional:

(i) If the equine activity sponsor or the equine profes-

sional:

(A) Provided the equipment or tack and the equipment or

tack caused the injury; or

(B) Provided the equine and failed to make reasonable

and prudent efforts to determine the ability of the participant

to engage safely in the equine activity, determine the ability

of the equine to behave safely with the participant, and deter

mine the ability of the participant to safely manage the partic-

ular equine;

(ii) If the equine activity sponsor or the equine profes-

sional owns, leases, rents, or otherwise is in lawful posses-

sion and control of the land or facilities upon which the par-

ticipant sustained injuries because of a dangerous latent con-

dition which was known to or should have been known to the

equine activity sponsor or the equine professional and for

which warning signs have not been conspicuously posted;

(iii) If the equine activity sponsor or the equine profes-

sional commits an act or omission that constitutes willful or

wanton disregard for the safety of the participant and that act

or omission caused the injury;

(iv) If the equine activity sponsor or the equine profes-

sional intentionally injures the participant;

(v) Under liability provisions as set forth in the products

liability laws; or

(vi) Under liability provisions in chapter 16.04, *16.13,

or *16.16 RCW. [1989 c 292 § 2.]

*Reviser's note: Chapters 16.13 and 16.16 RCW were each recodified

and/or repealed in their entirety by 1989 c 286. For disposition of chapters

16.13 and 16.16 RCW, see Table of Disposition of Former RCW Sections.

Additional notes found at www.leg.wa.gov

4.24.545

4.24.545 Elec tronic monitoring or 24/7 sobriety program partic ipation—Limitation on liabi lity.

4.24.545 Electronic monitoring or 24/7 sobriety pro-

gram participation—Limitation on liability. Local gov-

ernments, their subdivisions and employees, the department

of corrections and its employees, and the Washington associ

ation of sheriffs and police chiefs and its employees are

immune from civil liability for damages arising from inci

dents involving offenders who are placed on electronic mon-

itoring or who are participating in the 24/7 sobriety program,

unless it is shown that an employee acted with gross negli

gence or bad faith. [2013 2nd sp.s. c 35 § 33; 2006 c 130 § 3.]

4.24.550

4.24.550 Sex offenders and kidnapping offenders—Release of information to public—Web site.

4.24.550 Sex offenders and kidnapping offenders—

Release of information to public—Web site. (1) In addi

tion to the disclosure under subsection (5) of this section,

public agencies are authorized to release information to the

public regarding sex offenders and kidnapping offenders

when the agency determines that disclosure of the informa

tion is relevant and necessary to protect the public and coun-

teract the danger created by the particular offender. This

authorization applies to information regarding: (a) Any per

son adjudicated or convicted of a sex offense as defined in

RCW 9A.44.128 or a kidnapping offense as defined by RCW

9A.44.128; (b) any person under the jurisdiction of the inde

terminate sentence review board as the result of a sex offense

or kidnapping offense; (c) any person committed as a sexu

ally violent predator under chapter 71.09 RCW or as a sexual

psychopath under chapter 71.06 RCW; (d) any person found

not guilty of a sex offense or kidnapping offense by reason of

insanity under chapter 10.77 RCW; and (e) any person found

incompetent to stand trial for a sex offense or kidnapping

offense and subsequently committed under chapter 71.05 or

71.34 RCW.

(2) Except for the information specifically required

under subsection (5) of this section, the extent of the public

disclosure of relevant and necessary information shall be

rationally related to: (a) The level of risk posed by the

offender to the community; (b) the locations where the

offender resides, expects to reside, or is regularly found; and

mation to enhance their individual and collective safety.

(3) Except for the information specifically required

under subsection (5) of this section, local law enforcement

agencies shall consider the following guidelines in determin

ing the extent of a public disclosure made under this section:

(a) For offenders classified as risk level I, the agency shall

share information with other appropriate law enforcement

Special Rights of Action and Special Immunities 4.24.550

(2016 Ed.) [Title 4 RCW—page 31]

agencies and, if the offender is a student, the public or private

school regulated under Title 28A RCW or chapter 72.40

RCW which the offender is attending, or planning to attend.

The agency may disclose, upon request, relevant, necessary,

and accurate information to any victim or witness to the

offense, any individual community member who lives near

the residence where the offender resides, expects to reside, or

is regularly found, and any individual who requests informa

tion regarding a specific offender; (b) for offenders classified

as risk level II, the agency may also disclose relevant, neces

sary, and accurate information to public and private schools,

child day care centers, family day care providers, public

libraries, businesses and organizations that serve primarily

children, women, or vulnerable adults, and neighbors and

community groups near the residence where the offender

resides, expects to reside, or is regularly found; (c) for

offenders classified as risk level III, the agency may also dis

close relevant, necessary, and accurate information to the

public at large; and (d) because more localized notification is

not feasible and homeless and transient offenders may pres

ent unique risks to the community, the agency may also dis-

close relevant, necessary, and accurate information to the

public at large for offenders registered as homeless or tran

sient.

(4) The county sheriff with whom an offender classified

as risk level III is registered shall release a sex offender com

munity notification that conforms to the guidelines estab-

lished under RCW 4.24.5501.

(5)(a) When funded by federal grants or other sources,

the Washington association of sheriffs and police chiefs shall

create and maintain a statewide registered kidnapping and

sex offender web site, which shall be available to the public.

The web site shall post all level III and level II registered sex

offenders, level I registered sex offenders only during the

time they are out of compliance with registration require

ments under RCW 9A.44.130 or if lacking a fixed residence

as provided in RCW 9A.44.130, and all registered kidnap

ping offenders in the state of Washington.

(i) For level III offenders, the web site shall contain, but

is not limited to, the registered sex offender's name, relevant

criminal convictions, address by hundred block, physical

description, and photograph. The web site shall provide map

ping capabilities that display the sex offender's address by

hundred block on a map. The web site shall allow citizens to

search for registered sex offenders within the state of Wash

ington by county, city, zip code, last name, and address by

hundred block.

(ii) For level II offenders, and level I sex offenders

during the time they are out of compliance with registration

requirements under RCW 9A.44.130, the web site shall con

tain, but is not limited to, the same information and function-

ality as described in (a)(i) of this subsection, provided that it

is permissible under state and federal law. If it is not permis

sible, the web site shall be limited to the information and

functionality that is permissible under state and federal law.

(iii) For kidnapping offenders, the web site shall contain,

but is not limited to, the same information and functionality

as described in (a)(i) of this subsection, provided that it is per

missible under state and federal law. If it is not permissible,

the web site shall be limited to the information and function

ality that is permissible under state and federal law.

(b) Law enforcement agencies must provide information

requested by the Washington association of sheriffs and

police chiefs to administer the statewide registered kidnap

ping and sex offender web site.

(c)(i) Within five business days of the Washington asso-

ciation of sheriffs and police chiefs receiving any public

record request under chapter 42.56 RCW for sex offender and

kidnapping offender information, records or web site data it

holds or maintains pursuant to this section or a unified sex

offender registry, the Washington association of sheriffs and

police chiefs shall refer the requester in writing to the appro

priate law enforcement agency or agencies for submission of

such a request. The Washington association of sheriffs and

police chiefs shall have no further obligation under chapter

42.56 RCW for responding to such a request.

(ii) This subparagraph (c) of this section is remedial and

applies retroactively.

(6)(a) Law enforcement agencies responsible for the reg-

istration and dissemination of information regarding offend-

ers required to register under RCW 9A.44.130 shall assign a

risk level classification to all offenders after consideration of:

(i) Any available risk level classifications provided by the

department of corrections, the department of social and

health services, and the indeterminate sentence review board;

(ii) the agency's own application of a sex offender risk assess

ment tool; and (iii) other information and aggravating or mit-

igating factors known to the agency and deemed rationally

related to the risk posed by the offender to the community at

large.

(b) A sex offender shall be classified as a risk level I if

his or her risk assessment and other information or factors

deemed relevant by the law enforcement agency indicate he

or she is at a low risk to sexually reoffend within the commu

nity at large. A sex offender shall be classified as a risk level

II if his or her risk assessment and other information or fac

tors deemed relevant by the law enforcement agency indicate

he or she is at a moderate risk to sexually reoffend within the

community at large. A sex offender shall be classified as a

risk level III if his or her risk assessment and other informa

tion or factors deemed relevant by the law enforcement

agency indicate he or she is at a high risk to sexually reoffend

within the community at large.

the public and residents within a reasonable period of time

after the offender registers with the agency.

(d) Agencies may develop a process to allow an offender

to petition for review of the offender's assigned risk level

classification. The timing, frequency, and process for review

are at the sole discretion of the agency.

(7) An appointed or elected public official, public

employee, or public agency as defined in RCW 4.24.470, or

units of local government and its employees, as provided in

RCW 36.28A.010, are immune from civil liability for dam

ages for any discretionary risk level classification decisions

or release of relevant and necessary information, unless it is

shown that the official, employee, or agency acted with gross

negligence or in bad faith. The immunity in this section

applies to risk level classification decisions and the release of

relevant and necessary information regarding any individual

for whom disclosure is authorized. The decision of a law

enforcement agency or official to classify an offender to a

4.24.5501 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 32] (2016 Ed.)

risk level other than the one assigned by the department of

corrections, the department of social and health services, or

the indeterminate sentence review board, or the release of any

relevant and necessary information based on that different

classification shall not, by itself, be considered gross negli

gence or bad faith. The immunity provided under this section

applies to the release of relevant and necessary information to

other public officials, public employees, or public agencies,

and to the general public.

(8) Except as may otherwise be provided by law, nothing

in this section shall impose any liability upon a public offi

cial, public employee, or public agency for failing to release

information authorized under this section.

(9) Nothing in this section implies that information

regarding persons designated in subsection (1) of this section

is confidential except as may otherwise be provided by law.

(10) When a law enforcement agency or official classi-

fies an offender differently than the offender is classified by

the end of sentence review committee at the time of the

offender's release from confinement, the law enforcement

agency or official shall notify the end of sentence review

committee and the Washington state patrol and submit its

reasons supporting the change in classification.

(11) As used in this section, "law enforcement agency"

means a general authority Washington law enforcement

agency as defined in RCW 10.93.020. [2015 c 261 § 1; 2011

c 337 § 1; 2008 c 98 § 1. Prior: 2005 c 380 § 2; 2005 c 228 §

1; 2005 c 99 § 1; 2003 c 217 § 1; 2002 c 118 § 1; prior: 2001

c 283 § 2; 2001 c 169 § 2; 1998 c 220 § 6; prior: 1997 c 364

§ 1; 1997 c 113 § 2; 1996 c 215 § 1; 1994 c 129 § 2; 1990 c 3

§ 117.]

Findings—1997 c 113: "The legislature finds that offenders who com-

mit kidnapping offenses against minor children pose a substantial threat to

the well-being of our communities. Child victims are especially vulnerable

and unable to protect themselves. The legislature further finds that requiring

sex offenders to register has assisted law enforcement agencies in protecting

their communities. Similar registration requirements for offenders who have

kidnapped or unlawfully imprisoned a child would also assist law enforce

ment agencies in protecting the children in their communities from further

victimization." [1997 c 113 § 1.]

Findings—Intent—1994 c 129: "The legislature finds that members of

the public may be alarmed when law enforcement officers notify them that a

sex offender who is about to be released from custody will live in or near

their neighborhood. The legislature also finds that if the public is provided

adequate notice and information, the community can develop constructive

plans to prepare themselves and their children for the offender's release. A

sufficient time period allows communities to meet with law enforcement to

discuss and prepare for the release, to establish block watches, to obtain

information about the rights and responsibilities of the community and the

offender, and to provide education and counseling to their children. There

fore, the legislature intends that when law enforcement officials decide to

notify the public about a sex offender's pending release that notice be given

at least fourteen days before the offender's release whenever possible." [1994

c 129 § 1.]

Finding—Policy—1990 c 3 § 117: "The legislature finds that sex

offenders pose a high risk of engaging in sex offenses even after being

released from incarceration or commitment and that protection of the public

from sex offenders is a paramount governmental interest. The legislature fur

ther finds that the penal and mental health components of our justice system

are largely hidden from public view and that lack of information from either

may result in failure of both systems to meet this paramount concern of pub

lic safety. Overly restrictive confidentiality and liability laws governing the

release of information about sexual predators have reduced willingness to

release information that could be appropriately released under the public dis

closure laws, and have increased risks to public safety. Persons found to have

committed a sex offense have a reduced expectation of privacy because of

the public's interest in public safety and in the effective operation of govern

ment. Release of information about sexual predators to public agencies and

under limited circumstances, the general public, will further the governmen

tal interests of public safety and public scrutiny of the criminal and mental

health systems so long as the information released is rationally related to the

furtherance of those goals.

Therefore, this state's policy as expressed in RCW 4.24.550 is to require

the exchange of relevant information about sexual predators among public

agencies and officials and to authorize the release of necessary and relevant

information about sexual predators to members of the general public." [1990

c 3 § 116.]

Release of information regarding

convicted sex offenders: RCW 9.94A.846.

juveniles found to have committed sex offenses: RCW 13.40.217.

persons in custody of department of social and health services: RCW

10.77.207, 71.06.135, 71.09.120.

Additional notes found at www.leg.wa.gov

4.24.5501

4.24.5501 Sex offenders—Model policy—Work group.

4.24.5501 Sex offenders—Model policy—Work

group. (1) When funded, the Washington association of

sheriffs and police chiefs shall convene a sex offender model

policy work group to develop a model policy for law enforce

ment agencies and other criminal justice personnel. The

model policy shall provide guidelines for sex offender regis

tration, community notification, and strategies for sex

offender management.

(2) In developing the policy, the association shall consult

with representatives of the following agencies and profes

sions: (a) The department of corrections; (b) the department

of social and health services; (c) the indeterminate sentence

review board; (d) the Washington state council of police offi

cers; (e) local correctional agencies; (f) the Washington asso-

ciation of prosecuting attorneys; (g) the Washington public

defender association; (h) the Washington association for the

treatment of sexual abusers; (i) the office of the superinten

dent of public instruction; (j) the criminal justice training

commission; (k) the Washington association of criminal

defense lawyers; (l) the association of Washington cities; (m)

the Washington coalition of sexual assault programs; and (n)

victim advocates.

The sex offender model policy work group, once con-

vened, shall first conduct a series of community meetings

around the state to assess the practices and needs of commu

nities, identify best practices on sex offender registration,

community notification, and strategies for sex offender man

agement. Once the sex offender model policy work group has

received input from stakeholders on a final draft of the model

policy, the policy shall be presented to the Washington asso

ciation of sheriffs and police chiefs for adoption or rejection.

Following the adoption of a model policy, the sex offender

model policy work group shall conduct a series of meetings

around the state with local law enforcement agencies and

other criminal justice personnel to review the model policy

and conduct training as needed. The sex offender model pol

icy work group shall then be dissolved, and, when funded, the

Washington association of sheriffs and police chiefs shall be

responsible for the continued promotion of the model policy,

including annual or biennial regional workshops with local

law enforcement agencies and other criminal justice person

nel to encourage sex offender registration, community notifi-

cation, and strategies for sex offender management policies

and practices that best fit the needs, characteristics, and risks

of each community.

Special Rights of Action and Special Immunities 4.24.558

(2016 Ed.) [Title 4 RCW—page 33]

(3) The model policy shall, at a minimum, include rec-

ommendations to address the following issues: (a) Proce-

dures for local agencies or officials to accomplish the notifi-

cations required under RCW 4.24.550(10), including the

identification of best practices for community notification, as

they relate to the specific needs and characteristics to each

community and the risk posed to that community; (b) con

tents and form of community notification documents, includ-

ing procedures for ensuring the accuracy of factual informa-

tion contained in the notification documents, and ways of

protecting the privacy of victims of the offenders' crimes; (c)

methods of distributing community notification documents,

including distribution to schools; (d) methods of providing

follow-up notifications to community residents at specified

intervals and of disclosing information about offenders to law

enforcement agencies in other jurisdictions if necessary to

protect the public; (e) methods of educating community resi

dents at public meetings on how they can use the information

in the notification document in a reasonable manner to

enhance their individual and collective safety; (f) procedures

for educating community members regarding the right of sex

offenders not to be the subject of harassment or criminal acts

as a result of the notification process; (g) procedures and doc

uments for local law enforcement agencies to provide appro-

priate notification when a sex offender risk level is reclassi-

fied, including strategies to monitor the reclassification of sex

offender risk levels by local law enforcement agencies; (h)

formulas and instructions on standard sex offender risk

assessment instruments; (i) strategies for sex offender man

agement; and (j) other matters the Washington association of

sheriffs and police chiefs deems necessary as it relates to sex

offender registration, community notification, and manage

ment. [2006 c 137 § 1; 1997 c 364 § 6.]

4.24.55 1

4.24.551 Law e nforcement response to secure community tran sition facility—Limitation on l iability.

4.24.551 Law enforcement response to secure com-

munity transition facility—Limitation on liability. (1)

Law enforcement shall respond to a call regarding a resident

of a secure community transition facility as a high priority

call.

(2) No law enforcement officer responding reasonably

and in good faith to a call regarding a resident of a secure

community transition facility shall be held liable nor shall the

city or county employing the officer be held liable, in any

cause of action for civil damages based on the acts of the res

ident or the actions of the officer during the response. [2002

c 68 § 3.]

Purpose—Severability—Effective date—2002 c 68: See notes fol-

lowing RCW 36.70A.200.

4.24.55 5

4.24.555 Release of information not restricted by pending appeal, peti tion, or writ.

4.24.555 Release of information not restricted by

pending appeal, petition, or writ. An offender's pending

appeal, petition for personal restraint, or writ of habeas cor

pus shall not restrict the agency's, official's, or employee's

authority to release relevant information concerning an

offender's prior criminal history. However, the agency must

release the latest dispositions of the charges as provided in

chapter 10.97 RCW, the Washington state criminal records

privacy act. [1990 c 3 § 118.]

Additional notes found at www.leg.wa.gov

4.24.556

4.24.556 Sex offender treatment providers—Affiliate sex offender treatment providers—Limited liabili ty—Responsibilities.

4.24.556 Sex offender treatment providers—Affiliate

sex offender treatment providers—Limited liability—

Responsibilities. (1) A certified sex offender treatment pro

vider, or a certified affiliate sex offender treatment provider

who has completed at least fifty percent of the required hours

under the supervision of a certified sex offender treatment

provider, acting in the course of his or her duties, providing

treatment to a person who has been released to a less restric

tive alternative under chapter 71.09 RCW or to a level III sex

offender on community custody as a court, department, or

board ordered condition of sentence is not negligent because

he or she treats a high risk offender; sex offenders are known

to have a risk of reoffense. The treatment provider is not lia

ble for civil damages resulting from the reoffense of a client

unless the treatment provider's acts or omissions constituted

gross negligence or willful or wanton misconduct. This lim

ited liability provision does not eliminate the treatment pro-

vider's duty to warn of and protect from a client's threatened

violent behavior if the client communicates a serious threat of

physical violence against a reasonably ascertainable victim or

victims. In addition to any other requirements to report viola

tions, the sex offender treatment provider is obligated to

report an offender's expressions of intent to harm or other

predatory behavior, whether or not there is an ascertainable

victim, in progress reports and other established processes

that enable courts and supervising entities to assess and

address the progress and appropriateness of treatment. This

limited liability provision applies only to the conduct of cer

tified sex offender treatment providers, and certified affiliate

sex offender treatment providers who have completed at least

fifty percent of the required hours under the supervision of a

certified sex offender treatment provider, and not the conduct

of the state.

(2) Sex offender treatment providers who provide ser-

vices to the department of corrections by identifying risk fac-

tors and notifying the department of risks for the subset of

high risk offenders who are not amenable to treatment and

who are under court order for treatment or supervision are

practicing within the scope of their profession. [2008 c 231 §

39; 2004 c 38 § 1; 2001 2nd sp.s. c 12 § 403.]

Intent—Application—Application of repealers—Effective date—

2008 c 231: See notes following RCW 9.94A.701.

Severability—2008 c 231: See note following RCW 9.94A.500.

Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See

notes following RCW 71.09.250.

Additional notes found at www.leg.wa.gov

4.24.558

4.24.558 Limi tations on liability for in formation sharing regarding persons under court orders f or supervision or treatme nt. (Effe ctive until April 1, 2018 .)

4.24.558 Limitations on liability for information

sharing regarding persons under court orders for super

vision or treatment. (Effective until April 1, 2018.) Infor-

mation shared and actions taken without gross negligence

and in good faith compliance with RCW 71.05.445,

72.09.585, 70.96A.142, 71.05.157, or 72.09.315 are not a

basis for any private civil cause of action. [2004 c 166 § 21.]

Additional notes found at www.leg.wa.gov

4.24.558

4.24.558 Limi tations on liability for in formation sharing regarding persons under court orders f or supervision or treatme nt. (Effe ctive April 1, 2018.)

4.24.558 Limitations on liability for information

sharing regarding persons under court orders for super

vision or treatment. (Effective April 1, 2018.) Information

shared and actions taken without gross negligence and in

good faith compliance with RCW 71.05.445, 72.09.585,

4.24.560 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 34] (2016 Ed.)

71.05.157, or 72.09.315 are not a basis for any private civil

cause of action. [2016 1st sp.s. c 29 § 401; 2004 c 166 § 21.]

Effective dates—2016 1st sp.s. c 29: See note following RCW

71.05.760.

Short title—Right of action—2016 1st sp.s. c 29: See notes following

RCW 71.05.010.

Additional notes found at www.leg.wa.gov

4.24.56 0

4.24.560 Defense to action for injury caused by indoor air pollutants .

4.24.560 Defense to action for injury caused by

indoor air pollutants. It is a defense in a civil action brought

for damages for injury caused by indoor air pollutants in a

residential structure on which construction was begun on or

after July 1, 1991, that the builder or design professional

complied in good faith, without negligence or misconduct,

with:

(1) Building product safety standards, including label-

ing;

(2) Restrictions on the use of building materials known

or believed to contain substances that contribute to indoor air

pollution; and

(3) The ventilation and radon resistive construction

requirements adopted under RCW 19.27.190. [1992 c 132 §

2; 1990 c 2 § 8.]

Findings—Severability—1990 c 2: See notes following RCW

19.27A.015.

Additional notes found at www.leg.wa.gov

4.24.57 0

4.24.570 Acts against animals in research or educational facilities.

4.24.570 Acts against animals in research or educa-

tional facilities. (1) Joint and several liability for damages

shall apply to persons and organizations that commit an

intentional tort by (a) taking, releasing, destroying, contami

nating, or damaging any animal or animals kept in a research

or educational facility, where the animal or animals are used

or to be used for medical research or other research purposes,

or for educational purposes; or (b) destroying or damaging

any records, equipment, research product, or other thing per

taining to such animal or animals.

(2) Any person or organization that plans or assists in the

development of a plan to commit an intentional tort covered

by subsection (1) of this section is liable for damages to the

same extent as a person who has committed the tort. How

ever, a person or organization that assists in the development

of a plan is not liable under this subsection, if, at the time of

providing the assistance the person or organization does not

know, or have reason to know, that the assistance is promot

ing the commission of the tort. Membership in a liable orga-

nization does not in itself establish the member's liability

under this subsection. The common law defense of prior

renunciation is allowed in actions brought under this subsec

tion.

(3) In any case where damages are awarded under this

section, the court shall award to the plaintiff all costs of the

litigation, including reasonable attorneys' fees, investigation

costs, and court costs, and shall impose on any liable party a

civil fine of not to exceed one hundred thousand dollars to be

paid to the plaintiff. [1991 c 325 § 3.]

Criminal acts against animal facilities: RCW 9.08.080, 9.08.090.

Additional notes found at www.leg.wa.gov

4.24.57 5

4.24.575 Acts against animals kept for agricultural or veterinary purposes.

4.24.575 Acts against animals kept for agricultural

or veterinary purposes. (1) Joint and several liability for

damages shall apply to persons and organizations that com

mit an intentional tort by taking, releasing, destroying or

damaging any animal or animals kept by a person for agricul

tural production purposes or by a veterinarian for veterinary

purposes; or by destroying or damaging any farm or veteri

nary equipment or supplies pertaining to such animal or ani-

mals.

(2) Any person or organization that plans or assists in the

development of a plan to commit an intentional tort covered

by subsection (1) of this section is liable for damages to the

same extent as a person who has committed the tort. How

ever, a person or organization that assists in the development

of a plan is not liable under this subsection, if, at the time of

providing the assistance the person or organization does not

know, or have reason to know, that the assistance is promot

ing the commission of the tort. Membership in a liable orga-

nization does not in itself establish the member's liability

under this subsection. The common law defense of prior

renunciation is allowed in actions brought under this subsec

tion.

(3) In any case where damages are awarded under this

section, the court shall award to the plaintiff all costs of the

litigation, including reasonable attorneys' fees, investigation

costs, and court costs, and shall impose on any liable party a

civil fine of not to exceed one hundred thousand dollars to be

paid to the plaintiff.

(4) "Agricultural production," for purposes of this sec-

tion, means all activities associated with the raising of ani-

mals for agricultural purposes, including but not limited to

animals raised for wool or fur. Agricultural production also

includes the exhibiting or marketing of live animals raised for

agricultural purposes. [1991 c 325 § 4.]

Criminal acts against animal facilities: RCW 9.08.080, 9.08.090.

Additional notes found at www.leg.wa.gov

4.24.580

4.24.580 Acts against animal facilities—Injunction.

Any individual having reason to believe that he or she may be

injured by the commission of an intentional tort under RCW

4.24.570 or 4.24.575 may apply for injunctive relief to pre

vent the occurrence of the tort. Any individual who owns or

is employed at a research or educational facility or an agricul

tural production facility where animals are used for research,

educational, or agricultural purposes who is harassed, or

believes that he or she is about to be harassed, by an organi

zation, person, or persons whose intent is to stop or modify

the facility's use or uses of an animal or animals, may apply

for injunctive relief to prevent the harassment.

For the purposes of this section:

(1) "Agricultural production" means all activities associ-

ated with the raising of animals for agricultural purposes,

including but not limited to animals raised for wool or fur.

Agricultural production also includes the exhibiting or mar

keting of live animals raised for agricultural purposes; and

(2) "Harassment" means any threat, without lawful

authority, that the recipient has good reason to fear will be

carried out, that is knowingly made for the purpose of stop

ping or modifying the use of animals, and that either (a)

would cause injury to the person or property of the recipient,

or result in the recipient's physical confinement or restraint,

or (b) is a malicious threat to do any other act intended to sub

Special Rights of Action and Special Immunities 4.24.611

(2016 Ed.) [Title 4 RCW—page 35]

stantially cause harm to the recipient's mental health or

safety. [1991 c 325 § 5.]

Additional notes found at www.leg.wa.gov

4.24.59 0

4.24.590 Liab ility of foster parents.

4.24.590 Liability of foster parents. In actions for per-

sonal injury or property damage commenced by foster chil-

dren or their parents against foster parents licensed pursuant

to chapter 74.15 RCW, the liability of foster parents for the

care and supervision of foster children shall be the same as

the liability of biological and adoptive parents for the care

and supervision of their children. [1991 c 283 § 3.]

Findings—Effective date—1991 c 283: See notes following RCW

74.14B.080.

4.24.59 5

4.24.595 Liab ility immunity—Emergent placement investigations of child abuse or neglect—Shelter care and other dependency orders.

4.24.595 Liability immunity—Emergent placement

investigations of child abuse or neglect—Shelter care and

other dependency orders. (1) Governmental entities, and

their officers, agents, employees, and volunteers, are not lia

ble in tort for any of their acts or omissions in emergent

placement investigations of child abuse or neglect under

chapter 26.44 RCW including, but not limited to, any deter

mination to leave a child with a parent, custodian, or guard-

ian, or to return a child to a parent, custodian, or guardian,

unless the act or omission constitutes gross negligence.

Emergent placement investigations are those conducted prior

to a shelter care hearing under RCW 13.34.065.

(2) The department of social and health services and its

employees shall comply with the orders of the court, includ

ing shelter care and other dependency orders, and are not lia-

ble for acts performed to comply with such court orders. In

providing reports and recommendations to the court, employ

ees of the department of social and health services are entitled

to the same witness immunity as would be provided to any

other witness. [2012 c 259 § 13.]

Family assessment response evaluation—Family assessment

response survey—2012 c 259: See notes following RCW 26.44.260.

4.24.60 1

4.24.601 Hazards to the public—Information—Legislative findings, policy , intent.

4.24.601 Hazards to the public—Information—Leg-

islative findings, policy, intent. The legislature finds that

public health and safety is promoted when the public has

knowledge that enables members of the public to make

informed choices about risks to their health and safety.

Therefore, the legislature declares as a matter of public policy

that the public has a right to information necessary to protect

members of the public from harm caused by alleged hazards

to the public. The legislature also recognizes that protection

of trade secrets, other confidential research, development, or

commercial information concerning products or business

methods promotes business activity and prevents unfair com

petition. Therefore, the legislature declares it a matter of pub-

lic policy that the confidentiality of such information be pro-

tected and its unnecessary disclosure be prevented. [1994 c

42 § 1.]

Additional notes found at www.leg.wa.gov

4.24.61 1

4.24.611 Prod uct liability/hazardous substance claims—Public right to information—Confidentiality—Damages, costs, attorneys' fees—Repeal.

4.24.611 Product liability/hazardous substance

claims—Public right to information—Confidentiality—

Damages, costs, attorneys' fees—Repeal. As used in RCW

4.24.601 and this section:

(1)(a) "Product liability/hazardous substance claim"

means a claim for damages for personal injury, wrongful

death, or property damage caused by a product or hazardous

or toxic substances, that is an alleged hazard to the public and

that presents an alleged risk of similar injury to other mem

bers of the public.

(b) "Confidentiality provision" means any terms in a

court order or a private agreement settling, concluding, or ter

minating a product liability/hazardous substance claim, that

limit the possession, disclosure, or dissemination of informa

tion about an alleged hazard to the public, whether those

terms are integrated in the order or private agreement or writ

ten separately.

group of individuals, partnership, corporation, or association.

(2) Except as provided in subsection (4) of this section,

members of the public have a right to information necessary

for a lay member of the public to understand the nature,

source, and extent of the risk from alleged hazards to the pub

lic.

(3) Except as provided in subsection (4) of this section,

members of the public have a right to the protection of trade

secrets as defined in RCW 19.108.010, other confidential

research, development, or commercial information concern

ing products or business methods.

(4)(a) Nothing in this chapter shall limit the issuance of

any protective or discovery orders during the course of litiga

tion pursuant to court rules.

(b) Confidentiality provisions may be entered into or

ordered or enforced by the court only if the court finds, based

on the evidence, that the confidentiality provision is in the

public interest. In determining the public interest, the court

shall balance the right of the public to information regarding

the alleged risk to the public from the product or substance as

provided in subsection (2) of this section against the right of

the public to protect the confidentiality of information as pro

vided in subsection (3) of this section.

(5)(a) Any confidentiality provisions that are not

adopted consistent with the provisions of this section are

voidable by the court.

(b) Any confidentiality provisions that are determined to

be void are severable from the remainder of the order or

agreement notwithstanding any provision to the contrary and

the remainder of the order or agreement shall remain in force.

the court from denying the request for confidentiality provi

sions under other law nor limits the scope of discovery pursu-

ant to applicable court rules.

(6) In cases of third party actions challenging confidenti-

ality provisions in orders or agreements, the court has discre-

tion to award to the prevailing party actual damages, costs,

reasonable attorneys' fees, and such other terms as the court

deems just.

(7) The following acts or parts of acts are each repealed

on May 1, 1994:

(a) RCW 4.24.600 and 1993 c 17 § 1;

(b) RCW 4.24.610 and 1993 c 17 § 2;

(d) RCW 4.16.380 and 1993 c 17 § 5; and

(e) 1993 c 17 § 4 (uncodified). [1994 c 42 § 2.]

Additional notes found at www.leg.wa.gov

4.24.630 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 36] (2016 Ed.)

4.24.63 0

4.24.630 Liability for damage to land and property—Damages—Costs—Attorneys' fees—Exceptions.

4.24.630 Liability for damage to land and property—

Damages—Costs—Attorneys' fees—Exceptions. (1)

Every person who goes onto the land of another and who

removes timber, crops, minerals, or other similar valuable

property from the land, or wrongfully causes waste or injury

to the land, or wrongfully injures personal property or

improvements to real estate on the land, is liable to the

injured party for treble the amount of the damages caused by

the removal, waste, or injury. For purposes of this section, a

person acts "wrongfully" if the person intentionally and

unreasonably commits the act or acts while knowing, or hav

ing reason to know, that he or she lacks authorization to so

act. Damages recoverable under this section include, but are

not limited to, damages for the market value of the property

removed or injured, and for injury to the land, including the

costs of restoration. In addition, the person is liable for reim

bursing the injured party for the party's reasonable costs,

including but not limited to investigative costs and reason

able attorneys' fees and other litigation-related costs.

(2) This section does not apply in any case where liabil-

ity for damages is provided under RCW 64.12.030,

*79.01.756, 79.01.760, 79.40.070, or where there is immu

nity from liability under RCW 64.12.035. [1999 c 248 § 2;

1994 c 280 § 1.]

*Reviser's note: RCW 79.01.756, 79.01.760, and 79.40.070 were

recodified as RCW 79.02.320, 79.02.300, and 79.02.340, respectively, pur

suant to 2003 c 334 § 554. RCW 79.02.340 was subsequently repealed by

2009 c 349 § 5.

Additional notes found at www.leg.wa.gov

4.24.64 0

4.24.640 Firear m safety program liabilit y.

4.24.640 Firearm safety program liability. No person

who owns, operates, is employed by, or volunteers at a pro

gram approved under RCW 77.32.155 shall be liable for any

injury that occurs while the person who suffered the injury is

participating in the course, unless the injury is the result of

gross negligence. [1994 sp.s. c 7 § 513.]

Finding—Intent—Severability—1994 sp.s. c 7: See notes following

RCW 43.70.540.

4.24.66 0

4.24.660 Liab ility of school districts under contracts with yo uth programs.

4.24.660 Liability of school districts under contracts

with youth programs. (1) A school district shall not be lia

ble for an injury to or the death of a person due to action or

inaction of persons employed by, or under contract with, a

youth program if:

(a) The action or inaction takes place on school property

and during the delivery of services of the youth program;

(b) The private nonprofit group provides proof of being

insured, under an accident and liability policy issued by an

insurance company authorized to do business in this state,

that covers any injury or damage arising from delivery of its

services. Coverage for a policy meeting the requirements of

this section must be at least fifty thousand dollars due to

bodily injury or death of one person, or at least one hundred

thousand dollars due to bodily injury or death of two or more

persons in any incident. The private nonprofit shall also pro

vide a statement of compliance with the policies for the man-

agement of concussion and head injury in youth sports as set

forth in RCW 28A.600.190 and a statement of compliance

with the policies for sudden cardiac arrest awareness as set

forth in RCW 28A.600.195; and

the first use of the school facilities. The immunity granted

shall last only as long as the insurance remains in effect.

(2) Immunity under this section does not apply to any

school district before January 1, 2000.

(3) As used in this section, "youth programs" means any

program or service, offered by a private nonprofit group, that

is operated primarily to provide persons under the age of

eighteen with opportunities to participate in services or pro

grams.

(4) This section does not impair or change the ability of

any person to recover damages for harm done by: (a) Any

contractor or employee of a school district acting in his or her

capacity as a contractor or employee; or (b) the existence of

unsafe facilities or structures or programs of any school dis

trict. [2015 c 26 § 2; 2009 c 475 § 1; 1999 c 316 § 3.]

Findings—Intent—Short title—2015 c 26: See notes following RCW

28A.600.195.

Intent—Effective date—1999 c 316: See notes following RCW

28A.335.155.

4.24.670

4.24.670 Liability of volunteers of nonprofit or governmental entities.

4.24.670 Liability of volunteers of nonprofit or gov-

ernmental entities. (1) Except as provided in subsection (2)

of this section, a volunteer of a nonprofit organization or gov

ernmental entity shall not be personally liable for harm

caused by an act or omission of the volunteer on behalf of the

organization or entity if:

(a) The volunteer was acting within the scope of the vol-

unteer's responsibilities in the nonprofit organization or gov-

ernmental entity at the time of the act or omission;

(b) If appropriate or required, the volunteer was properly

licensed, certified, or authorized by the appropriate authori

ties for the activities or practice, where the activities were or

practice was undertaken within the scope of the volunteer's

responsibilities in the nonprofit organization or governmental

entity;

conduct, gross negligence, reckless misconduct, or a con-

scious, flagrant indifference to the rights or safety of the indi-

vidual harmed by the volunteer;

(d) The harm was not caused by the volunteer operating

a motor vehicle, vessel, aircraft, or other vehicle for which

the state requires the operator or the owner of the vehicle,

craft, or vessel to either possess an operator's license or main

tain insurance; and

(e) The nonprofit organization carries public liability

insurance covering the organization's liability for harm

caused to others for which it is directly or vicariously liable

of not less than the following amounts:

(i) For organizations with gross revenues of less than

twenty-five thousand dollars, at least fifty thousand dollars

due to the bodily injury or death of one person or at least one

hundred thousand dollars due to the bodily injury or death of

two or more persons;

(ii) For organizations with gross revenues of twenty-five

thousand dollars or more but less than one hundred thousand

dollars, at least one hundred thousand dollars due to the

bodily injury or death of one person or at least two hundred

thousand dollars due to the bodily injury or death of two or

more persons;

Special Rights of Action and Special Immunities 4.24.690

(2016 Ed.) [Title 4 RCW—page 37]

(iii) For organizations with gross revenues of one hun-

dred thousand dollars or more, at least five hundred thousand

dollars due to bodily injury or death.

(2) Nothing in this section shall be construed to affect

any civil action brought by any nonprofit organization or any

governmental entity against any volunteer of the organization

or entity.

(3) Nothing in this section shall be construed to affect the

liability, or vicarious liability, of any nonprofit organization

or governmental entity with respect to harm caused to any

person, including harm caused by the negligence of a volun

teer.

(4) Nothing in this section shall be construed to apply to

the emergency workers registered in accordance with chapter

38.52 RCW nor to the related volunteer organizations to

which they may belong.

(5) The definitions in this subsection apply throughout

this section unless the context clearly requires otherwise.

(a) "Economic loss" means any pecuniary loss resulting

from harm, including the loss of earnings or other benefits

related to employment, medical expense loss, replacement

services loss, loss due to death, burial costs, and loss of busi

ness or employment opportunities.

(b) "Harm" includes physical, nonphysical, economic,

and noneconomic losses.

emotional pain, suffering, inconvenience, physical impair

ment, mental anguish, disfigurement, loss of enjoyment of

life, loss of society and companionship, loss of consortium

other than loss of domestic service, hedonic damages, injury

to reputation, and all other nonpecuniary losses of any kind or

nature.

(d) "Nonprofit organization" means: (i) Any organiza-

tion described in section 501(c)(3) of the internal revenue

code of 1986 (26 U.S.C. Sec. 501(c)(3)) and exempt from tax

under section 501(a) of the internal revenue code; (ii) any

not-for-profit organization that is organized and conducted

for public benefit and operated primarily for charitable, civic,

educational, religious, welfare, or health purposes; or (iii) any

organization described in section 501(c)(14)(A) of the inter

nal revenue code of 1986 (26 U.S.C. Sec. 501(c)(14)(A)) and

exempt from tax under section 501(a) of the internal revenue

code.

(e) "Volunteer" means an individual performing services

for a nonprofit organization or a governmental entity who

does not receive compensation, other than reasonable reim

bursement or allowance for expenses actually incurred, or

any other thing of value, in excess of five hundred dollars per

year. "Volunteer" includes a volunteer serving as a director,

officer, trustee, or direct service volunteer. [2001 c 209 § 1.]

4.24.68 0

4.24.680 Unlawful release of court and law enforcement employee information—Exception.

4.24.680 Unlawful release of court and law enforce-

ment employee information—Exception. (1) A person

shall not knowingly make available on the world wide web

the personal information of a peace officer, corrections per

son, justice, judge, commissioner, public defender, or prose-

cutor if the dissemination of the personal information poses

an imminent and serious threat to the peace officer's, correc

tions person's, justice's, judge's, commissioner's, public

defender's, or prosecutor's safety or the safety of that person's

immediate family and the threat is reasonably apparent to the

person making the information available on the world wide

web to be serious and imminent.

(2) It is not a violation of this section if an employee of a

county auditor or county assessor publishes personal infor

mation, in good faith, on the web site of the county auditor or

county assessor in the ordinary course of carrying out public

functions.

(3) For the purposes of this section:

(a) "Commissioner" means a commissioner of the supe-

rior court, court of appeals, or supreme court.

(b) "Corrections person" means any employee or volun-

teer who by state, county, municipal, or combination thereof,

statute has the responsibility for the confinement, care, man

agement, training, treatment, education, supervision, or coun-

seling of those whose civil rights have been limited in some

way by legal sanction.

tions person's, justice's, judge's, commissioner's, public

defender's, or prosecutor's spouse, child, or parent and any

other adult who lives in the same residence as the person.

(d) "Judge" means a judge of the United States district

court, the United States court of appeals, the United States

magistrate, the United States bankruptcy court, and the

Washington court of appeals, superior court, district court, or

municipal court.

(e) "Justice" means a justice of the United States

supreme court or Washington supreme court.

(f) "Personal information" means a peace officer's, cor-

rections person's, justice's, judge's, commissioner's, public

defender's, or prosecutor's home address, home telephone

number, pager number, social security number, home email

address, directions to the person's home, or photographs of

the person's home or vehicle.

(g) "Prosecutor" means a county prosecuting attorney, a

city attorney, the attorney general, or a United States attorney

and their assistants or deputies.

(h) "Public defender" means a federal public defender, or

other public defender, and his or her assistants or deputies.

[2006 c 355 § 2; 2002 c 336 § 1.]

Finding—2006 c 355: "The legislature finds that the dissemination of

personally identifying information as proscribed in RCW 4.24.680 is not in

the public interest." [2006 c 355 § 1.]

Severability—2006 c 355: "If any provision of this act or its application

to any person or circumstance is held invalid, the remainder of the act or the

application of the provision to other persons or circumstances is not

affected." [2006 c 355 § 4.]

4.24.690

4.24.690 Unlawful release of court and law enforcement employee information—Court action to prevent.

4.24.690 Unlawful release of court and law enforce-

ment employee information—Court action to prevent.

(1) Whenever it appears that any person or organization is

engaged in or about to engage in any act that constitutes or

will constitute a violation of RCW 4.24.680, the prosecuting

attorney or any person harmed by an alleged violation of

RCW 4.24.680 may initiate a civil proceeding in superior

court to enjoin such violation, and may petition the court to

issue an order for the discontinuance of the dissemination of

information in violation of RCW 4.24.680.

(2) An action under this section shall be brought in the

county in which the violation is alleged to have taken place,

and shall be commenced by the filing of a verified complaint,

or shall be accompanied by an affidavit.

4.24.700 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 38] (2016 Ed.)

(3) If it is shown to the satisfaction of the court, either by

verified complaint or affidavit, that a person or organization

is engaged in or about to engage in any act that constitutes a

violation of RCW 4.24.680, the court may issue a temporary

restraining order to abate and prevent the continuance or

recurrence of the act.

(4) The court may issue a permanent injunction to

restrain, abate, or prevent the continuance or recurrence of

the violation of RCW 4.24.680. The court may grant declara

tory relief, mandatory orders, or any other relief deemed nec-

essary to accomplish the purposes of the injunction. The

court may retain jurisdiction of the case for the purpose of

enforcing its orders. [2002 c 336 § 2.]

4.24.70 0

4.24.700 Unlawful release of court and law enforcement employee info rmation—Damages, fees, and costs.

4.24.700 Unlawful release of court and law enforce-

ment employee information—Damages, fees, and costs.

Any person whose personal information is made available on

the world wide web as described in RCW 4.24.680(1) who

suffers damages as a result of such conduct may bring an

action against the person or organization who makes such

information available, for actual damages sustained plus

damages in an amount not to exceed one thousand dollars for

each day the personal information was made available on the

world wide web, and reasonable attorneys' fees and costs.

[2006 c 355 § 3; 2002 c 336 § 3.]

Finding—Severability—2006 c 355: See notes following RCW

4.24.680.

4.24.71 0

4.24.710 Outdoor music festival, campground—Detention.

4.24.710 Outdoor music festival, campground—

Detention. (1) In a civil action brought against the detainer

by reason of a person having been detained on or in the

immediate vicinity of the premises of an outdoor music festi

val or related campground for the purpose of investigation or

questioning as to the lawfulness of the consumption or pos

session of alcohol or illegal drugs, it is a defense that the

detained person was detained in a reasonable manner and for

not more than a reasonable time to permit the investigation or

questioning by a law enforcement officer, and that a peace

officer, owner, operator, employee, or agent of the outdoor

music festival had reasonable grounds to believe that the per

son so detained was unlawfully consuming or attempting to

unlawfully consume or possess, alcohol or illegal drugs on

the premises.

(2) For the purposes of this section:

(a) "Illegal drug" means a controlled substance under

chapter 69.50 RCW for which the person detained does not

have a valid prescription or that is not being consumed in

accordance with the prescription directions and warnings, or

a legend drug under chapter 69.41 RCW for which the person

does not have a valid prescription or that is not being con

sumed in accordance with the prescription directions and

warnings.

(b) "Outdoor music festival" has the same meaning as in

RCW 70.108.020, except that no minimum time limit is

required.

(i) Exhibiting the effects of having consumed liquor,

which means that a person has the odor of liquor on his or her

breath, or that by speech, manner, appearance, behavior, lack

of coordination, or otherwise exhibits that he or she has con

sumed liquor, and either:

(A) Is in possession of or in close proximity to a con-

tainer that has or recently had liquor in it; or

(B) Is shown by other evidence to have recently con-

sumed liquor; or

(ii) Exhibiting the effects of having consumed an illegal

drug, which means that a person by speech, manner, appear

ance, behavior, lack of coordination, or otherwise exhibits

that he or she has consumed an illegal drug, and either:

(A) Is in possession of an illegal drug; or

(B) Is shown by other evidence to have recently con-

sumed an illegal drug.

(d) "Reasonable time" means the time necessary to per-

mit the person detained to make a statement or to refuse to

make a statement, and the time necessary to allow a law

enforcement officer to determine the lawfulness of the con

sumption or possession of alcohol or illegal drugs. "Reason-

able time" may not exceed one hour. [2003 c 219 § 2.]

4.24.720

4.24.720 Liab ility immunity—Amber ale rts.

4.24.720 Liability immunity—Amber alerts. No

cause of action shall be maintained for civil damages in any

court of this state against any radio or television broadcasting

station or cable television system, or the employees, officers,

directors, managers, or agents of the radio or television

broadcasting station or cable television system, based on the

broadcast of information including, but not limited to, the

name or description of an abducted child, the name or

description of a suspected abductor, and the circumstances of

an abduction supplied by law enforcement officials pursuant

to the voluntary broadcast notification system commonly

known as the "Amber alert," or as the same system may oth

erwise be known in this state, which is used to notify the pub-

lic of missing or abducted children. Nothing in this section

shall be construed to limit or restrict in any way any immu

nity or privilege a radio or television broadcasting station or

cable television system may have under statute or common

law for broadcasting or otherwise disseminating information.

[2005 c 128 § 1.]

4.24.730

4.24.730 Liability immunity—Disclosure of employee information to prospective employer.

4.24.730 Liability immunity—Disclosure of

employee information to prospective employer. (1) An

employer who discloses information about a former or cur

rent employee to a prospective employer, or employment

agency as defined by RCW 49.60.040, at the specific request

of that individual employer or employment agency, is pre

sumed to be acting in good faith and is immune from civil and

criminal liability for such disclosure or its consequences if

the disclosed information relates to: (a) The employee's abil

ity to perform his or her job; (b) the diligence, skill, or reli-

ability with which the employee carried out the duties of his

or her job; or (c) any illegal or wrongful act committed by the

employee when related to the duties of his or her job.

(2) The employer should retain a written record of the

identity of the person or entity to which information is dis

closed under this section for a minimum of two years from

the date of disclosure. The employee or former employee has

a right to inspect any such written record upon request and

any such written record shall become part of the employee's

personnel file, subject to the provisions of chapter 49.12

RCW.

(3) For the purposes of this section, the presumption of

good faith may only be rebutted upon a showing by clear and

Special Rights of Action and Special Immunities 4.24.790

(2016 Ed.) [Title 4 RCW—page 39]

convincing evidence that the information disclosed by the

employer was knowingly false, deliberately misleading, or

made with reckless disregard for the truth. [2005 c 103 § 1.]

4.24.74 0

4.24.740 Liabili ty immunity—Bovine hand ling activities.

4.24.740 Liability immunity—Bovine handling activ-

ities. (1) Except as provided in subsection (2) of this section,

an owner, operator, or manager of a bovine handling facility,

and the owner of bovine handled at or processed through a

bovine handling facility, are not liable for an injury to or the

death of a person who knowingly and voluntarily participates

in bovine handling activities at a bovine handling facility or

knowingly and voluntarily enters onto the premises of a

bovine handling facility as a spectator of bovine handling

activities.

(2) Nothing in subsection (1) of this section prevents or

limits the liability of an owner, operator, or manager of a

bovine handling facility, or an owner of bovine handled at or

processed through a bovine handling facility, if the owner,

operator, or manager of the bovine handling facility, or the

bovine owner:

(a) Intentionally injures the participant or spectator or

commits an act or omission that constitutes willful or wanton

disregard for the safety of the participant or spectator and that

act or omission caused the injury;

(b) Owns, leases, rents, or otherwise is in lawful posses-

sion and control of the land or facilities upon which the par-

ticipant or spectator sustained injuries because of a dangerous

latent condition which was known to or should have been

known to the owner, operator, or manager of the bovine han

dling facility, or the bovine owner, and for which warning

signs have not been conspicuously posted; or

(3) As used in this section:

(a) "Bovine" means beef cattle, dairy cattle, and bison.

(b) "Bovine handling facility" means a cooperative not-

for-profit outdoor facility, such as a corral, that is used for the

normal and customary handling and husbandry of bovines,

whether on a daily or periodic basis, and does not include

commercial slaughter facilities.

tomary activities associated with the handling and husbandry

of bovines. [2006 c 158 § 1.]

4.24.75 0

4.24.750 Monitoring of persons charged with or convicted of misdemeanors—Decisions concerning release of criminal offenders—Findings.

4.24.750 Monitoring of persons charged with or con-

victed of misdemeanors—Decisions concerning release of

criminal offenders—Findings. The legislature finds that

the provision of preconviction and postconviction misde

meanor probation and supervision services, and the monitor-

ing of persons charged with or convicted of misdemeanors to

ensure their compliance with preconviction or postconviction

orders of the court, are essential to improving the safety of the

public in general. Furthermore, the legislature finds that deci

sions concerning whether criminal offenders are released into

the community pretrial or postconviction, including the revo

cation of probation, rest with the judiciary. [2007 c 174 § 1.]

4.24.76 0

4.24.760 Limi ted jurisdiction courts—Lim itation on liability for inadequate supervision or monitoring—Definitions.

4.24.760 Limited jurisdiction courts—Limitation on

liability for inadequate supervision or monitoring—Defi

nitions. (1) A limited jurisdiction court that provides misde-

meanant supervision services is not liable for civil damages

based on the inadequate supervision or monitoring of a mis

demeanor defendant or probationer unless the inadequate

supervision or monitoring constitutes gross negligence.

(2) For the purposes of this section:

(a) "Limited jurisdiction court" means a district court or

a municipal court, and anyone acting or operating at the

direction of such court, including but not limited to its offi

cers, employees, agents, contractors, and volunteers.

(b) "Misdemeanant supervision services" means precon-

viction or postconviction misdemeanor probation or supervi-

sion services, or the monitoring of a misdemeanor defen-

dant's compliance with a preconviction or postconviction

order of the court, including but not limited to community

corrections programs, probation supervision, pretrial supervi

sion, or pretrial release services.

(3) This section does not create any duty and shall not be

construed to create a duty where none exists. Nothing in this

section shall be construed to affect judicial immunity. [2007

c 174 § 2.]

4.24.770

4.24.770 Private employer not liable for injury to unauthorized third-party occupant of private employer's vehicle.

4.24.770 Private employer not liable for injury to

unauthorized third-party occupant of private employer's

vehicle. (1) A private employer is not liable for any injury

received by a third-party occupant of a vehicle that is owned,

leased, or rented by the employer if, at the time the injuries

were inflicted, the third-party occupant was riding in or on

the vehicle with an employee who had explicitly acknowl

edged in writing the employer's policy on use of vehicles

owned, leased, or rented by the employer and the third-party

occupant was not:

(a) Specifically and expressly authorized by the

employer to be an occupant of the vehicle; or

(b) Acting on behalf of, or for the benefit of, the

employer with the knowledge or implied approval or acquies

cence of the employer.

(2) For purposes of this section, "third-party occupant"

means a person who occupies a vehicle owned, leased, or

rented by the private employer and who is not an officer,

employee, or agent, or authorized or constructive invitee of

the private employer. [2011 c 82 § 3.]

Intent—Application—2011 c 82: See notes following RCW 4.92.180.

Definitions: RCW 52.12.160.

4.24.780

4.24.780 Liability of fire service protection agency in providing firefightin g efforts outside of juris diction or emergency services.

4.24.780 Liability of fire service protection agency in

providing firefighting efforts outside of jurisdiction or

emergency services. Any fire service protection agency, as

well as the firefighters therein, whether volunteer or paid,

which takes part in firefighting efforts outside its jurisdiction

or provides emergency care, rescue, assistance, or recovery

services at the scene of an emergency, is not liable for civil

damages resulting from any act or omission in the rendering

of such services, other than acts or omissions constituting

gross negligence or willful or wanton misconduct. [2011 c

200 § 2.]

4.24.790

4.24.790 Electronic impersonation—Action for invasion of privacy.

4.24.790 Electronic impersonation—Action for inva-

sion of privacy. (1) The definitions in this subsection apply

throughout this section unless the context clearly requires

otherwise.

(a) "Actual person" means a living individual.

4.24.795 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 40] (2016 Ed.)

(b) "Blog" means a web site that is created primarily for

the writer to maintain an online personal journal with reflec

tions, comments, or hyperlinks provided by the writer.

actual person's name or likeness to create an impersonation

that another person would reasonably believe or did reason

ably believe was or is the actual person being impersonated.

(d) "Interactive computer service" means any informa-

tion service, system, or access software provider that pro-

vides or enables computer access by multiple users to a com-

puter server, including specifically a service or system that

provides access to the internet and such systems operated or

services offered by libraries or educational institutions.

(e) "Online bulletin board" means a web site that is

designed specifically for internet users to post and respond to

online classified advertisements that are viewable by other

internet users.

(f) "Social networking web site" means a web site that

allows a user to create an account or profile for the user for

the purposes of, among other things, connecting the user's

account or profile to other users' accounts or profiles. A blog

is not a social networking web site.

(2) A person may be liable in a civil action based on a

claim of invasion of privacy when:

(a) The person impersonates another actual person on a

social networking web site or online bulletin board;

(b) The impersonation was intentional and without the

actual person's consent;

purpose of harassing, threatening, intimidating, humiliating,

or defrauding another; and

(d) The impersonation proximately caused injury to the

actual person. Injury may include injury to reputation or

humiliation, injury to professional or financial standing, or

physical harm.

(3)(a) The actual person who suffered injury by an

impersonation in violation of this section may bring an action

to recover actual damages, injunctive relief, and declaratory

relief. The court may award actual damages, injunctive relief,

and declaratory relief as necessary.

(b) The court may award the prevailing party costs and

reasonable attorneys' fees.

(4) This section does not apply when the impersonation

was:

(a) For a use set forth in RCW 63.60.070, including for

matters of cultural, historical, political, religious, educa

tional, newsworthy, or public interest including, but not lim-

ited to, use in works of art, commentary, satire, and parody;

(b) For a use that would violate chapter 63.60 RCW;

(d) Performed by a law enforcement agency as part of a

lawful criminal investigation.

(5) A court of this state may exercise jurisdiction in a suit

brought by a Washington resident or against a defendant who

is a Washington resident. Jurisdiction over any person who is

not a Washington resident may be exercised in a manner con

sistent with the laws and Constitution of the state of Wash-

ington, including RCW 4.28.185, and the Constitution of the

United States.

(6)(a) This section may not be construed to impose any

liability on a social networking web site, online bulletin

board, internet service provider, interactive computer service,

computer hardware or software provider, or web site operator

or administrator or its employees, unless the provider, opera

tor, administrator, or employee is the person impersonating

an actual person. Nothing in this section is intended to pre

clude other common law causes of action against these enti-

ties.

(b) This section may not be construed to limit any other

civil cause of action available to a person under statute or

common law or any criminal prosecution.

(7) For the purposes of this section, parental liability is

limited pursuant to RCW 4.24.190. [2012 c 9 § 2.]

Finding—Intent—2012 c 9: "The legislature finds that although social

networking web sites and online bulletin boards provide valuable opportuni

ties for networking, there are also opportunities for conduct that can cause

harm to other persons. There are civil and criminal remedies for certain types

of fraud, impersonation, and appropriation of a person's personality for com

mercial purposes. However, how these traditional legal remedies extend to

wrongful impersonation over the internet to mislead, deceive, harass,

threaten, or intimidate is relatively new and unclear. Courts have recognized

the tort of invasion of privacy, and one of the four categories of an invasion

of privacy claim is the misappropriation of another person's name or like

ness. It is the intent of the legislature to specify that the tort of invasion of

privacy may include the misappropriation of a person's name or likeness

through social networking web sites and online bulletin boards with the

intent to mislead, deceive, harass, threaten, or intimidate." [2012 c 9 § 1.]

4.24.795

4.24.795 Distr ibution of intimate imag es—Liability for damages, o ther civil penalties—Con fidentiality of the plainti ff.

4.24.795 Distribution of intimate images—Liability

for damages, other civil penalties—Confidentiality of the

plaintiff. (1) A person distributes an intimate image of

another person when that person intentionally and without

consent distributes, transmits, or otherwise makes available

an intimate image or images of that other person that was:

(a) Obtained under circumstances in which a reasonable

person would know or understand that the image was to

remain private; or

(b) Knowingly obtained by that person without authori-

zation or by exceeding authorized access from the other per-

son's property, accounts, messages, files, or resources.

(2) Any person who distributes an intimate image of

another person as described in subsection (1) of this section

and at the time of such distribution knows or reasonably

should know that disclosure would cause harm to the

depicted person shall be liable to that other person for actual

damages including, but not limited to, pain and suffering,

emotional distress, economic damages, and lost earnings,

reasonable attorneys' fees, and costs. The court may also, in

its discretion, award injunctive relief as it deems necessary.

(3) Factors that may be used to determine whether a rea-

sonable person would know or understand that the image was

to remain private include:

(a) The nature of the relationship between the parties;

(b) The circumstances under which the intimate image

was taken;

was distributed; and

(d) Any other relevant factors.

(4) It shall be an affirmative defense to a violation of this

section that the defendant is a family member of a minor and

did not intend any harm or harassment in disclosing the

images of the minor to other family or friends of the defen

dant. This affirmative defense shall not apply to matters

defined under RCW 9.68A.011.

Special Rights of Action and Special Immunities 4.24.810

(2016 Ed.) [Title 4 RCW—page 41]

(5) As used in this section, "intimate image" means any

photograph, motion picture film, videotape, digital image, or

any other recording or transmission of another person who is

identifiable from the image itself or from information dis

played with or otherwise connected to the image, and that

was taken in a private setting, is not a matter of public con

cern, and depicts:

(a) Sexual activity, including sexual intercourse as

defined in RCW 9A.44.010 and masturbation; or

(b) A person's intimate body parts, whether nude or visi-

ble through less than opaque clothing, including the genitals,

pubic area, anus, or postpubescent female nipple.

(6) In an action brought under this section, the court

shall:

(a) Make it known to the plaintiff as early as possible in

the proceedings of the action that the plaintiff may use a con

fidential identity in relation to the action;

(b) Allow a plaintiff to use a confidential identity in all

petitions, filings, and other documents presented to the court;

ceedings and records relating to the action, including any

appellate proceedings; and

(d) Maintain the records relating to the action in a man-

ner that protects the confidentiality of the plaintiff.

(7) Nothing in this section shall be construed to impose

liability on an interactive computer service, as defined in 47

U.S.C. 230(f)(2) as it exists on September 26, 2015, for con

tent provided by another person. [2015 2nd sp.s. c 8 § 1.]

4.24.80 0

4.24.800 Liab ility immunity—Charitable donation of eyeglasses o r hearing instruments.

4.24.800 Liability immunity—Charitable donation

of eyeglasses or hearing instruments. (1) A charitable

organization is not liable for any civil damages arising out of

any act or omission, other than acts or omissions constituting

gross negligence or willful or wanton misconduct, associated

with providing previously owned eyeglasses or hearing

instruments to a person if:

(a) The person is at least fourteen years of age; and

(b) The eyeglasses or hearing instruments are provided

to the person without compensation or the expectation of

compensation.

(2) The immunity provided by subsection (1) of this sec-

tion applies to eyeglasses only if the eyeglasses are provided

by a physician licensed under chapter 18.71 RCW, an osteo

pathic physician licensed under chapter 18.57 RCW, an

optometrist licensed under chapter 18.53 RCW, or an opti

cian licensed under chapter 18.34 RCW who has:

(a) Personally examined the person who will receive the

eyeglasses; or

(b) Personally consulted with the licensed physician,

osteopathic physician, or optometrist who examined the per

son who will receive the eyeglasses.

(3) The immunity provided by subsection (1) of this sec-

tion applies to eyeglasses if the eyeglasses are provided by a

physician's or optician's optical assistant who has personally

consulted with the licensed physician, osteopathic physician,

or optometrist who examined the person who will receive the

eyeglasses.

(4) The immunity provided by subsection (1) of this sec-

tion applies to hearing instruments only if the hearing instru-

ments are provided by a physician licensed under chapter

18.71 RCW, an osteopathic physician licensed under chapter

18.57 RCW, or hearing health care professional licensed

under chapter 18.35 RCW who has:

(a) Personally examined the person who will receive the

hearing instruments; or

(b) Personally consulted with the licensed physician,

osteopathic physician, or hearing health care professional

who has examined the person who will receive the hearing

instruments.

(5) For purposes of this section, "charitable organiza-

tion" means an organization:

(a) That regularly engages in or provides financial sup-

port for some form of benevolent or charitable activity with

the purpose of doing good to others rather than for the conve

nience of its members;

(b) In which no part of the organization's income is dis-

tributable to its members, directors, or officers; and

employee is paid, or directly receives, in the form of salary or

other compensation, an amount beyond that which is just and

reasonable compensation commonly paid for such services

rendered and which has been fixed and approved by the

members, directors, or other governing body of the organiza

tion. [2012 c 203 § 1.]

4.24.810

4.24.810 Liability immunity—Credentialing or granting practice privileges to health care providers responding to emergencies.

4.24.810 Liability immunity—Credentialing or

granting practice privileges to health care providers

responding to emergencies. (1) Except as provided in sub

section (2) of this section, any health care provider creden-

tialing or granting practice privileges to other health care pro-

viders to deliver health care in response to an emergency is

immune from civil liability arising out of such credentialing

or granting of practice privileges if: (a) The health care pro

vider so credentialed or granted practice privileges was

responding to an emergency; and (b) the procedures utilized

for credentialing and granting practice privileges were sub

stantially consistent with the standards for granting emer-

gency practice privileges adopted by the joint commission on

the accreditation of health care organizations.

(2) This section does not apply to any acts or omissions

constituting gross negligence or willful or wanton miscon

duct.

(3) For purposes of this section:

(a) "Ambulatory surgical facility" has the same meaning

as provided in RCW 70.230.010.

(b) "Clinic" means a place for treatment of patients on an

outpatient basis by a health care provider.

and assessment of whether a health care provider meets rele

vant licensing, education, and training requirements.

(d) "Emergency" means an event or set of circumstances

for which the governor has proclaimed a state of emergency

pursuant to RCW 43.06.010.

(e) "Health care provider" means:

(i) A member of a profession identified in RCW

7.70.020(1);

(ii) An employee or agent of a member of such a profes-

sion acting in the course and scope of his or her employment;

(iii) An entity, whether or not incorporated, facility, or

institution employing, credentialing, or providing practice

privileges to one or more persons described in (e)(i) of this

subsection including, but not limited to, a hospital, ambula

4.24.820 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 42] (2016 Ed.)

tory surgical facility, clinic, health maintenance organization,

or nursing home, or an officer, director, employee, or agent

thereof acting in the course and scope of his or her employ

ment;

(iv) A pharmacist or pharmacy as defined in RCW

18.64.011; or

(v) In the event any person identified in (e)(i) through

(iv) of this subsection is deceased, his or her estate or per

sonal representative.

(f) "Health maintenance organization" has the same

meaning as provided in RCW 48.46.020.

(g) "Hospital" has the same meaning as provided in

RCW 70.41.020.

(h) "Nursing home" has the same meaning as provided in

RCW 18.51.010. [2014 c 159 § 1.]

4.24.82 0

4.24.820 Nonre cognition of foreign or der—Incompatibility with public policy.

4.24.820 Nonrecognition of foreign order—Incom-

patibility with public policy. (1) Washington's courts,

administrative agencies, or any other Washington tribunal

shall not recognize, base any ruling on, or enforce any order

issued under foreign law, or by a foreign legal system, that is

manifestly incompatible with public policy.

(2) For purposes of this chapter, a foreign law, an order

issued by a foreign legal system or foreign tribunal is pre

sumed manifestly incompatible with public policy, when it

does not, or would not, grant the parties all of the same rights,

or when the enforcement of any order would result in a viola

tion of any right, guaranteed by the Washington state and

United States Constitutions. [2015 c 214 § 61.]

Effective date—Conflict with federal requirements—Waiver—2015

c 214: See notes following RCW 26.21A.010.

Severability—2015 c 214: See note following RCW 26.21A.115.

4.24.90 0

4.24.900 Construction—Chapter applicable to state registered domes tic partnerships—2009 c 5 21.

4.24.900 Construction—Chapter applicable to state

registered domestic partnerships—2009 c 521. For the

purposes of this chapter, the terms spouse, marriage, marital,

husband, wife, widow, widower, next of kin, and family shall

be interpreted as applying equally to state registered domestic

partnerships or individuals in state registered domestic part

nerships as well as to marital relationships and married per-

sons, and references to dissolution of marriage shall apply

equally to state registered domestic partnerships that have

been terminated, dissolved, or invalidated, to the extent that

such interpretation does not conflict with federal law. Where

necessary to implement chapter 521, Laws of 2009, gender-

specific terms such as husband and wife used in any statute,

rule, or other law shall be construed to be gender neutral, and

applicable to individuals in state registered domestic partner

ships. [2009 c 521 § 10.]

Chapter 4.28

Chapter 4.28 RCW

4.28 COMMENCEMENT OF ACTIONS

COMMENCEMENT OF ACTIONS

Sections

4.28.020 Jurisdiction acquired, when.

4.28.080 Summons, how served.

4.28.090 Service on corporation without officer in state upon whom

process can be served.

4.28.100 Service of summons by publication—When authorized.

4.28.110 Manner of publication and form of summons.

4.28.120 Publication of notice in eminent domain proceedings.

4.28.140 Affidavit as to unknown heirs.

4.28.150 Title of cause—Unknown claimants—Service by publication.

4.28.160 Rights of unknown claimants and heirs—Effect of judgment—

Lis pendens.

4.28.180 Personal service out-of-state.

4.28.185 Personal service out-of-state—Acts submitting person to juris-

diction of courts—Saving.

4.28.200 Right of one constructively served to appear and defend or

reopen.

4.28.210 Appearance, what constitutes.

4.28.290 Assessment of damages without answer.

4.28.320 Lis pendens in actions affecting title to real estate.

4.28.325 Lis pendens in actions in United States district courts affecting

title to real estate.

4.28.328 Lis pendens—Liability of claimants—Damages, costs, attor-

neys' fees.

4.28.330 Notice to alien property custodian.

4.28.340 Notice to alien property custodian—Definitions.

4.28.350 Notice to alien property custodian—Duration.

4.28.360 Personal injury action—Complaint not to include statement of

damages—Request for statement.

4.28.900 Construction—Chapter applicable to state registered domestic

partnerships—2009 c 521.

Rules of court: CR 3; CR 4; CR 4.1; CR 5; and CR 6.

Claims against

cities and towns: Chapters 35.31, 35A.31 RCW.

counties: Chapter 36.45 RCW.

political subdivisions, municipal corporations, and quasi municipal cor-

porations: Chapter 4.96 RCW.

state: Chapter 4.92 RCW.

Foreign corporations, actions against: RCW 23B.15.100.

Nonadmitted foreign corporations, actions against: Chapter 23B.18 RCW.

Proceedings as to individuals with mental illness: Chapter 71.05 RCW.

Publication of legal notices: Chapter 65.16 RCW.

Service of papers on foreign corporation: RCW 23B.15.100.

Service of process on

foreign savings and loan association: RCW 33.32.050.

nonadmitted foreign corporation: RCW 23B.18.040.

nonresident motor vehicle operator: RCW 46.64.040.

Sheriff's fees for service of process and other official services: RCW

36.18.040.

Statute of limitations, tolling: RCW 4.16.170.

4.28.020

4.28.020 Jurisdiction acquired, when.

4.28.020 Jurisdiction acquired, when. From the time

of the commencement of the action by service of summons,

or by the filing of a complaint, or as otherwise provided, the

court is deemed to have acquired jurisdiction and to have

control of all subsequent proceedings. [1984 c 76 § 2; 1895 c

86 § 4; 1893 c 127 § 15; RRS § 238.]

4.28.080

4.28.080 Summons, how served.

4.28.080 Summons, how served. Service made in the

modes provided in this section is personal service. The sum

mons shall be served by delivering a copy thereof, as follows:

(1) If the action is against any county in this state, to the

county auditor or, during normal office hours, to the deputy

auditor, or in the case of a charter county, summons may be

served upon the agent, if any, designated by the legislative

authority.

(2) If against any town or incorporated city in the state,

to the mayor, city manager, or, during normal office hours, to

the mayor's or city manager's designated agent or the city

clerk thereof.

(3) If against a school or fire district, to the superinten-

dent or commissioner thereof or by leaving the same in his or

her office with an assistant superintendent, deputy commis

sioner, or business manager during normal business hours.

(4) If against a railroad corporation, to any station,

freight, ticket or other agent thereof within this state.

Commencement of Actions 4.28.100

(2016 Ed.) [Title 4 RCW—page 43]

(5) If against a corporation owning or operating sleeping

cars, or hotel cars, to any person having charge of any of its

cars or any agent found within the state.

(6) If against a domestic insurance company, to any

agent authorized by such company to solicit insurance within

this state.

(7)(a) If against an authorized foreign or alien insurance

company, as provided in RCW 48.05.200.

(b) If against an unauthorized insurer, as provided in

RCW 48.05.215 and 48.15.150.

48.10.170.

(d) If against a nonresident surplus line broker, as pro-

vided in RCW 48.15.073.

(e) If against a nonresident insurance producer or title

insurance agent, as provided in RCW 48.17.173.

(f) If against a nonresident adjuster, as provided in RCW

48.17.380.

(g) If against a fraternal benefit society, as provided in

RCW 48.36A.350.

(h) If against a nonresident reinsurance intermediary, as

provided in RCW 48.94.010.

(i) If against a nonresident life settlement provider, as

provided in RCW 48.102.011.

(j) If against a nonresident life settlement broker, as pro-

vided in RCW 48.102.021.

(k) If against a service contract provider, as provided in

RCW 48.110.030.

(l) If against a protection product guarantee provider, as

provided in RCW 48.110.055.

(m) If against a discount plan organization, as provided

in RCW 48.155.020.

(8) If against a company or corporation doing any

express business, to any agent authorized by said company or

corporation to receive and deliver express matters and collect

pay therefor within this state.

(9) If against a company or corporation other than those

designated in subsections (1) through (8) of this section, to

the president or other head of the company or corporation, the

registered agent, secretary, cashier or managing agent thereof

or to the secretary, stenographer or office assistant of the

president or other head of the company or corporation, regis

tered agent, secretary, cashier or managing agent.

(10) If against a foreign corporation or nonresident joint

stock company, partnership or association doing business

within this state, to any agent, cashier or secretary thereof.

(11) If against a minor under the age of fourteen years, to

such minor personally, and also to his or her father, mother,

guardian, or if there be none within this state, then to any per

son having the care or control of such minor, or with whom

he or she resides, or in whose service he or she is employed,

if such there be.

(12) If against any person for whom a guardian has been

appointed for any cause, then to such guardian.

(13) If against a foreign or alien steamship company or

steamship charterer, to any agent authorized by such com

pany or charterer to solicit cargo or passengers for transporta-

tion to or from ports in the state of Washington.

(14) If against a self-insurance program regulated by

chapter 48.62 RCW, as provided in chapter 48.62 RCW.

(15) If against a party to a real estate purchase and sale

agreement under RCW 64.04.220, by mailing a copy by first-

class mail, postage prepaid, to the party to be served at his or

her usual mailing address or the address identified for that

party in the real estate purchase and sale agreement.

(16) In all other cases, to the defendant personally, or by

leaving a copy of the summons at the house of his or her usual

abode with some person of suitable age and discretion then

resident therein.

(17) In lieu of service under subsection (16) of this sec-

tion, where the person cannot with reasonable diligence be

served as described, the summons may be served as provided

in this subsection, and shall be deemed complete on the tenth

day after the required mailing: By leaving a copy at his or her

usual mailing address with a person of suitable age and dis

cretion who is a resident, proprietor, or agent thereof, and by

thereafter mailing a copy by first-class mail, postage prepaid,

to the person to be served at his or her usual mailing address.

For the purposes of this subsection, "usual mailing address"

does not include a United States postal service post office box

or the person's place of employment. [2015 c 51 § 2; 2012 c

211 § 1; 2011 c 47 § 1; 1997 c 380 § 1; 1996 c 223 § 1; 1991

sp.s. c 30 § 28; 1987 c 361 § 1; 1977 ex.s. c 120 § 1; 1967 c

11 § 1; 1957 c 202 § 1; 1893 c 127 § 7; RRS § 226, part. FOR

MER PART OF SECTION: 1897 c 97 § 1 now codified in

RCW 4.28.081.]

Rules of court: Service of process—CR 4(d), (e).

Service of process on

foreign corporation: RCW 23B.15.100.

foreign savings and loan association: RCW 33.32.050.

nonadmitted foreign corporation: RCW 23B.18.040.

nonresident motor vehicle operator: RCW 46.64.040.

Additional notes found at www.leg.wa.gov

4.28.090

4.28.090 Service on corporation without officer in state upon whom process can be served.

4.28.090 Service on corporation without officer in

state upon whom process can be served. Whenever any

corporation, created by the laws of this state, or late territory

of Washington, does not have an officer in this state upon

whom legal service of process can be made, an action or pro

ceeding against the corporation may be commenced in any

county where the cause of action may arise, or the corpora

tion may have property, and service may be made upon the

corporation by depositing a copy of the summons, writ, or

other process, in the office of the secretary of state, which

shall be taken, deemed and treated as personal service on the

corporation: PROVIDED, A copy of the summons, writ, or

other process, shall be deposited in the post office, postage

paid, directed to the secretary or other proper officer of the

corporation, at the place where the main business of the cor

poration is transacted, when the place of business is known to

the plaintiff, and be published at least once a week for six

weeks in a newspaper of general circulation at the seat of

government of this state, before the service shall be deemed

perfect. [1985 c 469 § 1; 1893 c 127 § 8; RRS § 227.]

4.28.100

4.28.100 Service of summons by publication—When authorized.

4.28.100 Service of summons by publication—When

authorized. When the defendant cannot be found within the

state, and upon the filing of an affidavit of the plaintiff, his or

her agent, or attorney, with the clerk of the court, stating that

he or she believes that the defendant is not a resident of the

state, or cannot be found therein, and that he or she has depos

4.28.110 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 44] (2016 Ed.)

ited a copy of the summons (substantially in the form pre-

scribed in RCW 4.28.110) and complaint in the post office,

rected to the defendant at his or her place of residence,

unless it is stated in the affidavit that such residence is not

known to the affiant, and stating the existence of one of the

cases hereinafter specified, the service may be made by pub-

lication of the summons, by the plaintiff or his or her attorney

in any

of the following cases:

(1) When the defendant is a fo

reign corporation, and has

property within the state;

(2) When the defendant, being a resident of this state, has

departed

therefrom with intent to defraud his or her creditors,

or to avoid the service of a summons, or keeps himself or her-

self concealed therein with like intent;

(3) When the defendant is not a resident of the state, but

has property t

herein and the court has jurisdiction of the sub-

ject of the action;

(4) When the action is for (a) establishment or modifica-

tion of a parenting plan or residential schedule; or (b) disso-

lution of marriage, legal separation, or declaration of invalid-

ity, in the cases prescribed by law;

(5) When the action is for nonparental custody under

hapter 26.10 RCW and the child is in the physical custody of

the petitioner;

(6) When the subject of the action is real or personal

property

in this state, and the defendant has or claims a lien or

interest, actual or contingent, therein, or the relief demanded

consists wholly, or partly, in excluding the defendant from

any interest or lien therein;

(7) When the action is to foreclose,

satisfy, or redeem

from a mortgage, or to enforce a lien of any kind on real

estate in the county where the action is brought, or satisfy or

redeem from the same;

(8) When the action is against any corporation, whether

private

or municipal, organized under the laws of the state,

and the proper officers on whom to make service do not exist

or cannot be found;

(9) When the action is brought under RCW 4.08.160 and

4.08.170

to determine conflicting claims to property in this

state. [2011 c 336 § 97; 2005 c 117 § 1; 1981 c 331 § 13;

1953 c 102 § 1. Prior: 1929 c 81 § 1; 1915 c 45 § 1; 1893 c

127 § 9; RRS § 228.]

Court Congestion Reduction Act of 1981—Purpose—Severabil-

ity—1981 c 331:

See notes following RCW 2.32.070.

4.28.11 0

4.28.11 0 Manner of publication a nd form of summons.

4.28.110 Manner of publication and form of sum-

mons.

The publication shall be made in a newspaper of gen-

eral circulation in the county where

the action is brought once

a week for six consecutive weeks: PROVIDED, That publi-

cation of summons shall not be made until after the filing of

he complaint, and the service of the summons shall be

deemed complete at the expiration of the time prescribed for

publication. The summons must be subscribed by the plaintiff

or his or her attorney or attorneys. The summons shall con-

tain the date of the first publication, and shall require the

defen

dant or defendants upon whom service by publication is

desired, to appear and answer the complaint within sixty days

from the date of the first publication of the summons; and the

summons for publication shall also contain a brief statement

of the object of the action. The summons for publication shall

be substantially as follows:

In the superior court of the State of Washington for the

count

y of . . . . . .

. . . . . . . . ., Plaintiff,

vs. No. . . . .

. . . . . . . . ., Defendant.

The State of Washington to the said (naming the defen-

dant or defendants to be served by publication):

You are hereby summoned to appear within sixty days

after the date of the first publication of this summons, to

wit, within sixty days after the . . . . day of . . . . . ., 1 . . . .,

and

defend the above entitled action in the above entitled

court, and answer the complaint of the plaintiff . .

. . . .,

and serve a copy of your answer upon the undersigned

attorneys for plaintiff . . . . . ., at his (or their) office below

ated; and in case of your failure so to do, judgment will be

rendered against you according to the demand of the com-

plaint, which has been filed with the clerk of said court.

(Insert here a brief stat

ement of the object of the action.)

Plaintiff's Attorneys.

P.O. Address . . . . . . . . . . . . . . . . . . . . . . . . .

County . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Washington.

[2011 c 336 § 98; 1985 c 469 § 2; 1895 c 86 § 2; 1893 c 127

§ 10;

RRS § 233.]

Publication of legal notices: Chapter 65.16 RCW.

4.28.120

4.28.120 Publication of notice in eminent domain proceedings.

4.28.120 Publication of notice in eminent domain

proceedings. If a party having or claiming a share or interest

in or lien upon any property sought to be appropriated for

public use be unknown, and such fact be made to appear by

affidavit filed in the office of the clerk of the court, the notice

required by law in such cases may be served by publication as

in the case of nonresident owners, and such notice shall be

directed by name to every owner of a share or interest in or

lien upon the property sought to be so appropriated, and gen-

erally to all persons unknown having or claiming an interest

r estate in the property or any portion thereof, and all such

unknown parties shall in all papers and proceedings be desig-

nated as "unknown owners," and shall be bound by the provi-

sions and be entitled to the benefits of the judgment the same

as if t

hey had been known and duly named. [1895 c 140 § 1;

RRS § 239.]

Eminent domain: Title 8 RCW.

Publication of legal notices: Chapter 65.16 RCW.

4.28.140

4.28.140 Affidavit as to unknown heirs.

4.28.140 Affidavit as to unknown heirs. Upon pre-

senting an affidavit to the court or judge, showing to his or

her

satisfaction that the heirs of such deceased person are

proper parties to the action, and that their names and resi-

dences cannot with use of reasonable diligence be ascer-

tained, such court or judge may grant an order that service o

the summons in such action be made on such "Unknown

heirs" by publication thereof in the same manner as in actions

against nonresident defendants. [2011 c 336 § 99; 1903 c 144

§ 2; RRS § 230.]

Rules of court: Cf. CR 10(a).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement of Actions 4.28.210

(2016 Ed.) [Title 4 RCW—page 45]

4.28.15 0

4.28.150 Title of cause—Unknown claima nts—Service by publicati on.

4.28.150 Title of cause—Unknown claimants—Ser-

vice by publication. In any action brought to determine any

adverse claim, estate, lien, or interest in real property, or to

quiet title to real property, the plaintiff may include as a

defendant in such action, and insert in the title thereof, in

addition to the names of such persons or parties as appear of

record to have, and other persons or parties who are known to

have, some title, claim, estate, lien, or interest in the lands in

controversy, the following, viz.: "Also all other persons or

parties unknown claiming any right, title, estate, lien, or

interest in the real estate described in the complaint herein."

And service of summons may be had upon all such unknown

persons or parties defendant by publication as provided by

law in case of nonresident defendants. [1903 c 144 § 3; RRS

§ 231.]

Publication of legal notices: Chapter 65.16 RCW.

4.28.16 0

4.28.160 Rights of unknown claimants and heirs—Effect of judgment—Lis pendens.

4.28.160 Rights of unknown claimants and heirs—

Effect of judgment—Lis pendens. All such unknown heirs

of deceased persons, and all such unknown persons or par

ties, so served by publication as in RCW 4.28.150, provided,

shall have the same rights as are provided by law in case of all

other defendants upon whom service is made by publication,

and the action shall proceed against such unknown heirs, or

unknown persons or parties, in the same manner as against

defendants, who are named, upon whom service is made by

publication, and with like effect; and any such unknown heirs

or unknown persons or parties who have or claim any right,

estate, lien, or interest in the said real property in controversy,

at the time of the commencement of the action, duly served as

aforesaid, shall be bound and concluded by the judgment in

such action, if the same is in favor of the plaintiff therein as

effectually as if the action was brought against such defen

dant by his or her name and constructive service of summons

obtained: PROVIDED, HOWEVER, That such judgment

shall not bind such unknown heirs, or unknown persons or

parties, defendant, unless the plaintiff shall file a notice of lis

pendens in the office of the auditor of each county in which

said real estate is located, in the manner provided by law,

before commencing the publication of said summons. [1903

c 144 § 4; RRS § 232.]

4.28.18 0

4.28.180 Perso nal service out-of-state.

4.28.180 Personal service out-of-state. Personal ser-

vice of summons or other process may be made upon any

party outside the state. If upon a citizen or resident of this

state or upon a person who has submitted to the jurisdiction

of the courts of this state, it shall have the force and effect of

personal service within this state; otherwise it shall have the

force and effect of service by publication. The summons

upon the party out of the state shall contain the same and be

served in like manner as personal summons within the state,

except it shall require the party to appear and answer within

sixty days after such personal service out of the state. [1959

c 131 § 1; 1895 c 86 § 3; 1893 c 127 § 11; RRS § 234.]

Rules of court: Cf. CR 4(e), CR 12(a), CR 82(a).

Service of process on nonresident motor vehicle operator: RCW 46.64.040.

4.28.18 5

4.28.185 Perso nal service out-of-state—Ac ts submitting person to jur isdiction of courts—Savin g.

4.28.185 Personal service out-of-state—Acts submit-

ting person to jurisdiction of courts—Saving. (1) Any per-

son, whether or not a citizen or resident of this state, who in

person or through an agent does any of the acts in this section

enumerated, thereby submits said person, and, if an individ

ual, his or her personal representative, to the jurisdiction of

the courts of this state as to any cause of action arising from

the doing of any of said acts:

(a) The transaction of any business within this state;

(b) The commission of a tortious act within this state;

whether real or personal situated in this state;

(d) Contracting to insure any person, property, or risk

located within this state at the time of contracting;

(e) The act of sexual intercourse within this state with

respect to which a child may have been conceived;

(f) Living in a marital relationship within this state not-

withstanding subsequent departure from this state, as to all

proceedings authorized by chapter 26.09 RCW, so long as the

petitioning party has continued to reside in this state or has

continued to be a member of the armed forces stationed in

this state.

(2) Service of process upon any person who is subject to

the jurisdiction of the courts of this state, as provided in this

section, may be made by personally serving the defendant

outside this state, as provided in RCW 4.28.180, with the

same force and effect as though personally served within this

state.

(3) Only causes of action arising from acts enumerated

herein may be asserted against a defendant in an action in

which jurisdiction over him or her is based upon this section.

(4) Personal service outside the state shall be valid only

when an affidavit is made and filed to the effect that service

cannot be made within the state.

(5) In the event the defendant is personally served out-

side the state on causes of action enumerated in this section,

and prevails in the action, there may be taxed and allowed to

the defendant as part of the costs of defending the action a

reasonable amount to be fixed by the court as attorneys' fees.

(6) Nothing herein contained limits or affects the right to

serve any process in any other manner now or hereafter pro

vided by law. [2011 c 336 § 100; 1977 c 39 § 1; 1975-'76 2nd

ex.s. c 42 § 22; 1959 c 131 § 2.]

Rules of court: Cf. CR 4(e), CR 12(a), CR 82(a).

Uniform parentage act: Chapter 26.26 RCW.

4.28.200

4.28.200 Right of one constructively served to appear and defend or reopen.

4.28.200 Right of one constructively served to appear

and defend or reopen. If the summons is not served person

ally on the defendant in the cases provided in RCW 4.28.110

and 4.28.180, he or she or his or her representatives, on appli

cation and sufficient cause shown, at any time before judg-

ment, shall be allowed to defend the action and, except in an

action for divorce, the defendant or his or her representative

may in like manner be allowed to defend after judgment, and

within one year after the rendition of such judgment, on such

terms as may be just; and if the defense is successful, and the

judgment, or any part thereof, has been collected or otherwise

enforced, such restitution may thereupon be compelled as the

court directs. [2011 c 336 § 101; 1893 c 127 § 12; RRS §

235.]

4.28.210

4.28.210 Appearance, what constitutes.

4.28.210 Appearance, what constitutes. A defendant

appears in an action when he or she answers, demurs, makes

any application for an order therein, or gives the plaintiff

written notice of his or her appearance. After appearance a

4.28.290 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 46] (2016 Ed.)

defendant is entitled to notice of all subsequent proceedings;

but when a defendant has not appeared, service of notice or

papers in the ordinary proceedings in an action need not be

made upon him or her. Every such appearance made in an

action shall be deemed a general appearance, unless the

defendant in making the same states that the same is a special

appearance. [2011 c 336 § 102; 1893 c 127 § 16; RRS § 241.]

Rules of court: Demurrers abolished—CR 7(c).

4.28.29 0

4.28.290 Assessment of damages without answer.

4.28.290 Assessment of damages without answer. A

defendant who has appeared may, without answering,

demand in writing an assessment of damages, of the amount

which the plaintiff is entitled to recover, and thereupon such

assessment shall be had or any such amount ascertained in

such manner as the court on application may direct, and judg

ment entered by the clerk for the amount so assessed or ascer-

tained. [1893 c 127 § 25; RRS § 251.]

4.28.32 0

4.28.320 Lis pendens in actions affecting title to real estate.

4.28.320 Lis pendens in actions affecting title to real

estate. At any time after an action affecting title to real prop

erty has been commenced, or after a writ of attachment with

respect to real property has been issued in an action, or after

a receiver has been appointed with respect to any real prop

erty, the plaintiff, the defendant, or such a receiver may file

with the auditor of each county in which the property is situ

ated a notice of the pendency of the action, containing the

names of the parties, the object of the action, and a descrip

tion of the real property in that county affected thereby. From

the time of the filing only shall the pendency of the action be

constructive notice to a purchaser or encumbrancer of the

property affected thereby, and every person whose convey

ance or encumbrance is subsequently executed or subse-

quently recorded shall be deemed a subsequent purchaser or

encumbrancer, and shall be bound by all proceedings taken

after the filing of such notice to the same extent as if he or she

were a party to the action. For the purpose of this section an

action shall be deemed to be pending from the time of filing

such notice: PROVIDED, HOWEVER, That such notice

shall be of no avail unless it shall be followed by the first pub

lication of the summons, or by the personal service thereof on

a defendant within sixty days after such filing. And the court

in which the said action was commenced may, at its discre

tion, at any time after the action shall be settled, discontinued

or abated, on application of any person aggrieved and on

good cause shown and on such notice as shall be directed or

approved by the court, order the notice authorized in this sec

tion to be canceled of record, in whole or in part, by the

county auditor of any county in whose office the same may

have been filed or recorded, and such cancellation shall be

evidenced by the recording of the court order. [2004 c 165 §

33; 1999 c 233 § 1; 1893 c 127 § 17; RRS § 243.]

Purpose—Captions not law—2004 c 165: See notes following RCW

7.60.005.

Additional notes found at www.leg.wa.gov

4.28.32 5

4.28.325 Lis pendens in actions in United States district courts affecting titl e to real estate.

4.28.325 Lis pendens in actions in United States dis-

trict courts affecting title to real estate. In an action in a

United States district court for any district in the state of

Washington affecting the title to real property in the state of

Washington, the plaintiff, at the time of filing the complaint,

or at any time afterwards, or a defendant, when he or she sets

up an affirmative cause of action in his or her answer, or at

any time afterward, if the same be intended to affect real

property, may file with the auditor of each county in which

the property is situated a notice of the pendency of the action,

containing the names of the parties, the object of the action

and a description of the real property in that county affected

thereby. From the time of the filing only shall the pendency

of the action be constructive notice to a purchaser or encum

brancer of the property affected thereby, and every person

whose conveyance or encumbrance is subsequently executed

or subsequently recorded shall be deemed a subsequent pur

chaser or encumbrancer, and shall be bound by all proceed-

ings taken after the filing of such notice to the same extent as

if he or she were a party to the action. For the purpose of this

section an action shall be deemed to be pending from the time

of filing such notice: PROVIDED, HOWEVER, That such

notice shall be of no avail unless it shall be followed by the

first publication of the summons, or by personal service

thereof on a defendant within sixty days after such filing.

And the court in which the said action was commenced may,

in its discretion, at any time after the action shall be settled,

discontinued, or abated, on application of any person

aggrieved and on good cause shown and on such notice as

shall be directed or approved by the court, order the notice

authorized in this section to be canceled, in whole or in part,

by the county auditor of any county in whose office the same

may have been filed or recorded, and such cancellation shall

be evidenced by the recording of the court order. [2011 c 336

§ 103; 1999 c 233 § 4; 1963 c 137 § 1.]

Additional notes found at www.leg.wa.gov

4.28.328

4.28.328 Lis pendens—Liability of cl aimants—Damages, costs, a ttorneys' fee s.

4.28.328 Lis pendens—Liability of claimants—Dam-

ages, costs, attorneys' fees. (1) For purposes of this section:

(a) "Lis pendens" means a lis pendens filed under RCW

4.28.320 or 4.28.325 or other instrument having the effect of

clouding the title to real property, however named, including

consensual commercial lien, common law lien, commercial

contractual lien, or demand for performance of public office

lien, but does not include a lis pendens filed in connection

with an action under Title 6, 60, other than chapter 60.70

RCW, or 61 RCW;

(b) "Claimant" means a person who files a lis pendens,

but does not include the United States, any agency thereof, or

the state of Washington, any agency, political subdivision, or

municipal corporation thereof; and

the claimant asserted the cause of action in which the lis pen

dens was filed, but does not include parties fictitiously named

in the pleading; or (ii) a person having an interest or a right to

acquire an interest in the real property against which the lis

pendens was filed, provided that the claimant had actual or

constructive knowledge of such interest or right when the lis

pendens was filed.

(2) A claimant in an action not affecting the title to real

property against which the lis pendens was filed is liable to an

aggrieved party who prevails on a motion to cancel the lis

pendens, for actual damages caused by filing the lis pendens,

and for reasonable attorneys' fees incurred in canceling the lis

pendens.

(3) Unless the claimant establishes a substantial justifi-

cation for filing the lis pendens, a claimant is liable to an

Pleadings 4.32.150

(2016 Ed.) [Title 4 RCW—page 47]

aggrieved party who prevails in defense of the action in

which the lis pendens was filed for actual damages caused by

filing the lis pendens, and in the court's discretion, reasonable

attorneys' fees and costs incurred in defending the action.

[1994 c 155 § 1.]

4.28.33 0

4.28.330 Notice to alien property custodian.

4.28.330 Notice to alien property custodian. In any

court or administrative action or proceeding within this state,

involving property within this state or any interest therein, in

which service of process is required to be made upon or

notice thereof given to any person who is in a designated

enemy country or enemy-occupied territory, in addition to the

service of process upon or giving of notice to the person as

required by any law, statute or rule applicable to the action or

proceeding, a copy of the process or notice shall be sent by

registered mail to the alien property custodian, Washington,

District of Columbia. [1943 c 62 § 1; Rem. Supp. 1943 §

254-1.]

4.28.34 0

4.28.340 Notic e to alien property custo dian—Definitions.

4.28.340 Notice to alien property custodian—Defini-

tions. For the purposes of RCW 4.28.330 through 4.28.350:

(1) "Person" includes any individual, partnership, associ-

ation and corporation;

(2) "Designated enemy country" means any foreign

country as to which the United States has declared the exis

tence of a state of war and any other country with which the

United States is at war in the future;

(3) "Enemy-occupied territory" means any place under

the control of any designated enemy country or any place

with which, by reason of the existence of a state of war, the

United States does not maintain postal communication.

[1943 c 62 § 2; Rem. Supp. 1943 § 254-2.]

4.28.35 0

4.28.350 Notice to alien property custodian—Duration.

4.28.350 Notice to alien property custodian—Dura-

tion. RCW 4.28.330 and 4.28.340 shall remain in force only

so long as a state of war shall exist between the United States

and the designated enemy country involved in the action or

proceeding described in RCW 4.28.330. [1943 c 62 § 3;

Rem. Supp. 1943 § 254-3.]

4.28.36 0

4.28.360 Perso nal injury action—Complain t not to include statement of damages—Request for statement.

4.28.360 Personal injury action—Complaint not to

include statement of damages—Request for statement. In

any civil action for personal injuries, the complaint shall not

contain a statement of the damages sought but shall contain a

prayer for damages as shall be determined. A defendant in

such action may at any time request a statement from the

plaintiff setting forth separately the amounts of any special

damages and general damages sought. Not later than fifteen

days after service of such request to the plaintiff, the plaintiff

shall have served the defendant with such statement.

[1975-'76 2nd ex.s. c 56 § 2.]

Actions and procedure for injuries resulting from health care: Chapter 7.70

RCW.

Verdict or award of future economic damages in personal injury or property

damage action may provide for periodic payments: RCW 4.56.260.

Additional notes found at www.leg.wa.gov

4.28.90 0

4.28.900 Construction—Chapter applicable to state registered domes tic partnerships—2009 c 5 21.

4.28.900 Construction—Chapter applicable to state

registered domestic partnerships—2009 c 521. For the

purposes of this chapter, the terms spouse, marriage, marital,

husband, wife, widow, widower, next of kin, and family shall

be interpreted as applying equally to state registered domestic

partnerships or individuals in state registered domestic part

nerships as well as to marital relationships and married per-

sons, and references to dissolution of marriage shall apply

equally to state registered domestic partnerships that have

been terminated, dissolved, or invalidated, to the extent that

such interpretation does not conflict with federal law. Where

necessary to implement chapter 521, Laws of 2009, gender-

specific terms such as husband and wife used in any statute,

rule, or other law shall be construed to be gender neutral, and

applicable to individuals in state registered domestic partner

ships. [2009 c 521 § 11.]

Chapter 4.32

Chapter 4.32 RCW

4.32 PLEADINGS

PLEADINGS

Sections

4.32.070 Objection may be taken by answer.

4.32.120 Setoff against beneficiary of trust estate.

4.32.130 Setoff in probate actions brought by personal representatives.

4.32.140 Setoff in probate actions against personal representatives.

4.32.150 Setoff must be pleaded.

4.32.170 Answer may be stricken.

4.32.250 Effect of minor defects in pleading.

4.32.070

4.32.070 Objection may be taken by answer.

4.32.070 Objection may be taken by answer. When

any of the matters enumerated in *RCW 4.32.050 do not

appear upon the face of the complaint, the objection may be

taken by answer. [Code 1881 § 79; 1877 p 18 § 79; 1854 p

139 § 42; RRS § 261.]

*Reviser's note: RCW 4.32.050 was repealed by 1984 c 76 § 11.

4.32.120

4.32.120 Setoff against beneficiary of trust estate.

4.32.120 Setoff against beneficiary of trust estate. If

the plaintiff be a trustee to any other, or if the action be in a

name of the plaintiff who has no real interest in the contract

upon which the action is founded, so much of a demand exist

ing against those whom the plaintiff represents or for whose

benefit the action is brought, may be set off as will satisfy the

plaintiff's debt, if the same might have been set off in an

action brought by those beneficially interested. [Code 1881 §

498; 1877 p 107 § 502; RRS § 267.]

4.32.130

4.32.130 Setoff in probate actions brought by personal representatives.

4.32.130 Setoff in probate actions brought by per-

sonal representatives. In actions brought by executors and

administrators, demands against their testators and intestates,

and belonging to defendant at the time of their death, may be

set off by the defendant in the same manner as if the action

had been brought by and in the name of the deceased. [Code

1881 § 499; 1877 p 107 § 503; RRS § 268.]

4.32.140

4.32.140 Seto ff in probate actions aga inst personal representa tives.

4.32.140 Setoff in probate actions against personal

representatives. In actions against executors and adminis

trators and against trustees and others, sued in their represen-

tative character, the defendants may set off demands belong-

ing to their testators or intestates or those whom they repre-

sent, in the same manner as the person so represented would

have been entitled to set off the same, in an action against

them. [Code 1881 § 501; 1877 p 107 § 505; RRS § 270.]

4.32.150

4.32.150 Setoff must be pleaded.

4.32.150 Setoff must be pleaded. To entitle a defen-

dant to a setoff he or she must set the same forth in his or her

4.32.170 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 48] (2016 Ed.)

answer. [2011 c 336 § 104; Code 1881 § 502; 1877 p 108 §

506; RRS § 271.]

4.32.17 0

4.32.170 Answer may be stricken.

4.32.170 Answer may be stricken. Sham, frivolous

and irrelevant answers and defenses may be stricken out on

motion, and upon such terms as the court may in its discretion

impose. [Code 1881 § 85; 1877 p 19 § 85; 1869 p 21 § 83;

1854 p 140 § 47; RRS § 275.]

4.32.25 0

4.32.250 Effect of minor defects in pleading.

4.32.250 Effect of minor defects in pleading. A notice

or other paper is valid and effectual though the title of the

action in which it is made is omitted, or it is defective either

in respect to the court or parties, if it intelligently refers to

such action or proceedings; and in furtherance of justice upon

proper terms, any other defect or error in any notice or other

paper or proceeding may be amended by the court, and any

mischance, omission or defect relieved within one year there

after; and the court may enlarge or extend the time, for good

cause shown, within which by statute any act is to be done,

proceeding had or taken, notice or paper filed or served, or

may, on such terms as are just, permit the same to be done or

supplied after the time therefor has expired. [1988 c 202 § 2;

1893 c 127 § 24; RRS § 250.]

Rules of court: Cf. CR 6(b), RAP 5.2, 18.22.

Additional notes found at www.leg.wa.gov

Chapter 4.36

Chapter 4.36 RCW

4.36 GENERAL RULES OF PLEADING

GENERAL RULES OF PLEADING

Sections

4.36.070 Pleading judgments.

4.36.080 Conditions precedent, how pleaded.

4.36.120 Libel or slander, how pleaded.

4.36.130 Answer in justification and mitigation.

4.36.140 Answer in action to recover property distrained.

4.36.170 Material allegation defined.

4.36.210 Variance in action to recover personal property.

4.36.240 Harmless error disregarded.

4.36.07 0

4.36.07 0 Pleading ju dgments.

4.36.070 Pleading judgments. In pleading a judgment

or other determination of a court or office of special jurisdic

tion, it shall not be necessary to state the facts conferring

jurisdiction, but such judgment or determination may be

stated to have been duly given or made. If such allegation be

controverted, the party pleading shall be bound to establish

on the trial the facts conferring jurisdiction. [Code 1881 § 96;

1877 p 21 § 96; 1854 p 142 § 58; RRS § 287.]

Rules of court: Cf. CR 9(e).

4.36.08 0

4.36.080 Conditions precedent, how pleaded.

4.36.080 Conditions precedent, how pleaded. In

pleading the performance of conditions precedent in a con

tract, it shall not be necessary to state the facts showing such

performance, but it may be stated generally that the party

duly performed all the conditions on his or her part; and if

such allegation be controverted, the party pleading shall be

bound to establish, on the trial, the facts showing such perfor

mance. [2011 c 336 § 105; Code 1881 § 97; 1877 p 21 § 97;

1854 p 142 § 59; RRS § 288.]

Rules of court: Cf. CR 9(c).

4.36.12 0

4.36.120 Libe l or slander, how plea ded.

4.36.120 Libel or slander, how pleaded. In an action

for libel or slander, it shall not be necessary to state in the

complaint any extrinsic facts, for the purpose of showing the

application to the plaintiff, of the defamatory matter out of

which the cause arose, but it shall be sufficient to state gener

ally, that the same was published or spoken concerning the

plaintiff; and if such allegation be controverted, the plaintiff

shall be bound to establish on trial that it was so published or

spoken. [Code 1881 § 99; 1877 p 22 § 99; 1854 p 142 § 61;

RRS § 292.]

Rules of court: Cf. CR 8.

4.36.130

4.36.130 Answer in justification and mitigation.

4.36.130 Answer in justification and mitigation. In

an action mentioned in RCW 4.36.120, the defendant may, in

his or her answer, allege both the truth of the matter charged

as defamatory, and any mitigating circumstances to reduce

the amount of damages; and whether he or she proves the jus

tification or not, he or she may give in evidence the mitigat-

ing circumstances. [2011 c 336 § 106; Code 1881 § 100;

1877 p 22 § 100; 1854 p 143 § 62; RRS § 293.]

4.36.140

4.36.140 Answer in action to recover property distrained.

4.36.140 Answer in action to recover property dis-

trained. In an action to recover the possession of property

distrained doing damage, an answer that the defendant or per

son by whose command he or she acted, was lawfully pos-

sessed of the real property upon which the distress was made,

and that the property distrained was at the time doing the

damage thereon, shall be good, without setting forth the title

to such real property. [2011 c 336 § 107; Code 1881 § 101;

1877 p 22 § 101; 1854 p 143 § 63; RRS § 295.]

4.36.170

4.36.170 Material allegation defined.

4.36.170 Material allegation defined. A material alle-

gation in a pleading is one essential to the claim or defense,

and which could not be stricken from the pleading without

leaving it insufficient. [Code 1881 § 104; 1877 p 22 § 104;

1854 p 143 § 65; RRS § 298.]

4.36.210

4.36.210 Variance in action to recover personal property.

4.36.210 Variance in action to recover personal prop-

erty. Where the plaintiff in an action to recover the posses-

sion of personal property on a claim of being the owner

thereof, shall fail to establish on trial such ownership, but

shall prove that he or she is entitled to the possession thereof,

by virtue of a special property therein, he or she shall not

thereby be defeated of his or her action, but shall be permitted

to amend, on reasonable terms his or her complaint, and be

entitled to judgment according to the proof in the case. [2011

c 336 § 108; Code 1881 § 108; 1877 p 23 § 108; 1869 p 27 §

106; 1856 p 10 § 11; RRS § 302.]

4.36.240

4.36.240 Harmless error disregarded.

4.36.240 Harmless error disregarded. The court shall,

in every stage of an action, disregard any error or defect in

pleadings or proceedings which shall not affect the substan

tial rights of the adverse party, and no judgment shall be

reversed or affected by reason of such error or defect. [Code

1881 § 113; 1877 p 24 § 113; 1854 p 144 § 71; RRS § 307.]

Rules of court: Cf. RAP 2.4(a), 18.22.

Chapter 4.40

Chapter 4.40 RCW

4.40 ISSUES

ISSUES

Sections

4.40.010 Issues defined—Kinds.

4.40.050 Trial of issue of law.

Trial 4.44.060

(2016 Ed.) [Title 4 RCW—page 49]

4.40.060 Trial of certain issues of fact—Jury.

4.40.070 Trial of other issues of fact.

4.40.01 0

4.40.010 Issues defined—Kinds.

4.40.010 Issues defined—Kinds. Issues arise upon the

pleadings when a fact or conclusion of law is maintained by

one party and controverted by the other, they are of two

kinds—first, of law; and second, of fact. [1893 c 127 § 28;

Code 1881 § 200; 1877 p 42 § 204; 1854 p 163 § 179; RRS §

309.]

4.40.05 0

4.40.050 Trial of issue of law.

4.40.050 Trial of issue of law. An issue of law shall be

tried by the court, unless it is referred as provided by the stat

utes relating to referees. [1893 c 127 § 32; Code 1881 § 204;

1877 p 42 § 208; 1854 p 164 § 183; RRS § 313.]

Trial before referee: Chapter 4.48 RCW.

4.40.06 0

4.40.060 Trial of certain issues of fact—Jury.

4.40.060 Trial of certain issues of fact—Jury. An

issue of fact, in an action for the recovery of money only, or

of specific real or personal property shall be tried by a jury,

unless a jury is waived, as provided by law, or a reference

ordered, as provided by statute relating to referees. [1893 c

127 § 33; Code 1881 § 204; 1877 p 42 § 208; 1873 p 52 §

206; 1869 p 50 § 208; 1854 p 164 § 183; RRS § 314.]

4.40.07 0

4.40.070 Trial of other issues of fact.

4.40.070 Trial of other issues of fact. Every other

issue of fact shall be tried by the court, subject, however, to

the right of the parties to consent, or of the court to order, that

the whole issue, or any specific question of fact involved

therein, be tried by a jury, or referred. [1893 c 127 § 34; RRS

§ 315.]

Chapter 4.44

Chapter 4.44 RCW

4.44 TR IAL

TRIAL

Sections

4.44.020 Notice of trial—Note of issue.

4.44.025 Priority permitted for aged or ill parties in civil cases.

4.44.060 Proceedings in trial by court—Findings deemed verdict.

4.44.070 Findings and conclusions, how made.

4.44.080 Questions of law to be decided by court.

4.44.090 Questions of fact for jury.

4.44.110 Jury fee part of taxable costs.

4.44.120 Impanelling jury—Voir dire, challenge for cause—Number.

4.44.130 Challenges—Kind and number.

4.44.140 Peremptory challenges defined.

4.44.150 Challenges for cause defined.

4.44.160 General causes of challenge.

4.44.170 Particular causes of challenge.

4.44.180 Implied bias defined.

4.44.190 Challenge for actual bias.

4.44.210 Peremptory challenges, how taken.

4.44.220 Order of taking challenges.

4.44.230 Exceptions to challenges—Determination.

4.44.240 Challenge determination.

4.44.250 Challenge, exception, denial may be oral.

4.44.260 Oath of jurors.

4.44.270 View of premises by jury.

4.44.280 Admonitions to jurors.

4.44.290 Replacement juror procedure.

4.44.300 Care of jury while deliberating.

4.44.310 Expense of keeping jury.

4.44.330 Discharge of jury without verdict.

4.44.340 Effect of discharge of jury.

4.44.350 Court recess while jury is out.

4.44.360 Proceedings when jury have agreed.

4.44.370 Manner of giving verdict.

4.44.380 Number of jurors required to render verdict.

4.44.390 Jury may be polled.

4.44.410 General or special verdicts.

4.44.420 Verdict in action for specific personal property.

4.44.440 Inconsistency between special findings of fact and general ver-

dict.

4.44.450 Jury to assess amount of recovery.

4.44.460 Receiving verdict and discharging jury.

4.44.470 Court may fix amount of bond in civil actions.

4.44.480 Deposits in court—Order.

4.44.490 Deposits in court—Enforcement of order.

4.44.500 Deposits in court—Custody of money deposited.

District court, civil trial: Chapter 12.12 RCW.

Juries

crimes relating to: Chapter 9.51 RCW.

generally: Chapter 2.36 RCW.

Right to jury trial: RCW 4.48.010.

4.44.020

4.44.020 Notice of trial—Note of issue.

4.44.020 Notice of trial—Note of issue. At any time

after the issues of fact are completed in any case by the ser

vice of complaint and answer or reply when necessary, as

herein provided, either party may cause the issues of fact to

be brought on for trial, by serving upon the opposite party a

notice of trial at least three days before any day provided by

rules of court for setting causes for trial, which notice shall

give the title of the cause as in the pleadings, and notify the

opposite party that the issues in such action will be brought

on for trial at the time set by the court; and the party giving

such notice of trial shall, at least five days before the day of

setting such causes for trial file with the clerk of the court a

note of issue containing the title of the action, the names of

the attorneys and the date when the last pleading was served;

and the clerk shall thereupon enter the cause upon the trial

docket according to the date of the issue.

In case an issue of law raised upon the pleadings is

desired to be brought on for argument, either party shall, at

least five days before the day set apart by the court under its

rules for hearing issues of law, serve upon the opposite party

a like notice of trial and furnish the clerk of the court with a

note of issue as above provided, which note of issue shall

specify that the issue to be tried is an issue of law; and the

clerk of the court shall thereupon enter such action upon the

motion docket of the court.

When a cause has once been placed upon either docket of

the court, if not tried or argued at the time for which notice

was given, it need not be noticed for a subsequent session or

day, but shall remain upon the docket from session to session

or from law day to law day until final disposition or stricken

off by the court. The party upon whom notice of trial is

served may file the note of issue and cause the action to be

placed upon the calendar without further notice. [2003 c 406

§ 1; 1893 c 127 § 35; RRS § 319.]

Rules of court: Cf. CR 40(a).

4.44.025

4.44.025 Prior ity permitted for aged or ill parties in civil cases.

4.44.025 Priority permitted for aged or ill parties in

civil cases. When setting civil cases for trial, unless other

wise provided by statute, upon motion of a party, the court

may give priority to cases in which a party is frail and over

seventy years of age, a party is afflicted with a terminal ill

ness, or other good cause is shown for an expedited trial date.

[2003 c 406 § 2; 1991 c 197 § 1.]

4.44.060

4.44.060 Proceedings in trial by court—Findings deemed verdict.

4.44.060 Proceedings in trial by court—Findings

deemed verdict. The order of proceedings on a trial by the

court shall be the same as provided in trials by jury. The find

ing of the court upon the facts shall be deemed a verdict, and

may be set aside in the same manner and for the same reason

4.44.070 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 50] (2016 Ed.)

as far as applicable, and a new trial granted. [Code 1881 §

247; 1877 p 51 § 251; 1869 p 60 § 251; RRS § 368.]

4.44.07 0

4.44.070 Findings and conclusions, how made.

4.44.070 Findings and conclusions, how made. In any

case tried upon the facts without a jury or with an advisory

jury, any party may, when the evidence is closed, submit dis

tinct and concise proposed findings of fact and conclusions of

law. They may be written and handed to the court, or at the

option of the court, oral, and entered in the record. [2003 c

406 § 3; Code 1881 § 222; 1877 p 47 § 226; 1869 p 56 § 226;

RRS § 341.]

Rules of court: Cf. CR 52(a).

4.44.08 0

4.44.080 Questions of law to be decided by court.

4.44.080 Questions of law to be decided by court. All

questions of law including the admissibility of testimony, the

facts preliminary to such admission, and the construction of

statutes and other writings, and other rules of evidence, are to

be decided by the court, and all discussions of law addressed

to it. [Code 1881 § 223; 1877 p 47 § 227; 1869 p 56 § 227;

RRS § 342.]

Rules of court: Cf. ER 104 and ER 1008.

4.44.09 0

4.44.090 Questions of fact for jury.

4.44.090 Questions of fact for jury. All questions of

fact other than those mentioned in RCW 4.44.080, shall be

decided by the jury, and all evidence thereon addressed to

them. [Code 1881 § 224; 1877 p 47 § 228; 1869 p 56 § 228;

RRS § 343.]

Rules of court: Cf. ER 1008.

Charging juries: State Constitution Art. 4 § 16.

Right to trial by jury: State Constitution Art. 1 § 21; RCW 4.48.010.

4.44.11 0

4.44.110 Jury fee part of taxable costs.

4.44.110 Jury fee part of taxable costs. The jury fee

paid by the party demanding a trial by jury shall be a part of

the taxable costs in such action. [1961 c 304 § 3; 1903 c 43 §

2; RRS § 317.]

4.44.12 0

4.44.120 Impan elling jury—Voir dire, challenge for cause—Numb er.

4.44.120 Impanelling jury—Voir dire, challenge for

cause—Number. When the action is called for trial, a panel

of potential jurors shall be selected at random from the citi

zens summoned for jury service who have appeared and have

not been excused. A voir dire examination of the panel shall

be conducted for the purpose of discovering any basis for

challenge for cause and to permit the intelligent exercise of

peremptory challenges. Any necessary additions to the panel

shall be selected at random from the list of qualified jurors.

The jury shall consist of six persons, unless the parties in their

written demand for jury demand that the jury be twelve in

number or consent to a less number. The parties may consent

to a jury less than six in number but not less than three, and

such consent shall be entered in the record. [2003 c 406 § 4;

1996 c 40 § 1; 1972 ex.s. c 57 § 3; Code 1881 § 206; 1877 p

43 § 210; 1869 p 51 § 210; 1854 p 164 § 185; RRS § 323.]

Rules of court: Cf. CR 48.

Juries, district courts: Chapter 12.12 RCW.

4.44.13 0

4.44.130 Challenges—Kind and number.

4.44.130 Challenges—Kind and number. Either party

may challenge the jurors. The challenge shall be to individual

jurors, and be peremptory or for cause. Each party shall be

entitled to three peremptory challenges. When there is more

than one party on either side, the parties need not join in a

challenge for cause; but, they shall join in a peremptory chal

lenge before it can be made. If the court finds that there is a

conflict of interests between parties on the same side, the

court may allow each conflicting party up to three peremp

tory challenges. [1969 ex.s. c 37 § 1; Code 1881 § 207; 1877

p 43 § 211; 1854 p 165 § 186; RRS § 324.]

4.44.140

4.44.140 Peremptory challenges defined.

4.44.140 Peremptory challenges defined. A peremp-

tory challenge is an objection to a juror for which no reason

need be given, but upon which the court shall exclude the

juror. [2003 c 406 § 5; Code 1881 § 208; 1877 p 43 § 212;

1869 p 51 § 212; RRS § 325.]

4.44.150

4.44.150 Challenges for cause defined.

4.44.150 Challenges for cause defined. A challenge

for cause is an objection to a juror, and may be either:

(1) General; that the juror is disqualified from serving in

any action; or

(2) Particular; that the juror is disqualified from serving

in the action on trial. [2003 c 406 § 6; Code 1881 § 209; 1877

p 43 § 213; 1869 p 51 § 213; RRS § 326.]

4.44.160

4.44.160 General causes of challenge.

4.44.160 General causes of challenge. General causes

of challenge are:

(1) A want of any of the qualifications prescribed for a

juror, as set out in RCW 2.36.070.

(2) Unsoundness of mind, or such defect in the faculties

of the mind, or organs of the body, as renders him or her inca

pable of performing the duties of a juror in any action. [1992

c 93 § 6; 1975 1st ex.s. c 203 § 2; Code 1881 § 210; 1877 p

44 § 214; 1869 p 52 § 214; RRS § 327.]

Qualifications of jurors: RCW 2.36.070.

4.44.170

4.44.170 Particular causes of challenge.

4.44.170 Particular causes of challenge. Particular

causes of challenge are of three kinds:

(1) For such a bias as when the existence of the facts is

ascertained, in judgment of law disqualifies the juror, and

which is known in this code as implied bias.

(2) For the existence of a state of mind on the part of the

juror in reference to the action, or to either party, which satis

fies the court that the challenged person cannot try the issue

impartially and without prejudice to the substantial rights of

the party challenging, and which is known in this code as

actual bias.

(3) For the existence of a defect in the functions or

organs of the body which satisfies the court that the chal

lenged person is incapable of performing the duties of a juror

in the particular action without prejudice to the substantial

rights of the party challenging. [1975 1st ex.s. c 203 § 3;

Code 1881 § 211; 1877 p 44 § 215; 1869 p 52 § 215; RRS §

329.]

Reviser's note: The word "code" appeared in Code 1881 § 211.

Qualification of jurors: RCW 2.36.070.

4.44.180

4.44.180 Implied bias defined.

4.44.180 Implied bias defined. A challenge for

implied bias may be taken for any or all of the following

causes, and not otherwise:

(1) Consanguinity or affinity within the fourth degree to

either party.

(2) Standing in the relation of guardian and ward, attor-

ney and client, master and servant or landlord and tenant, to a

party; or being a member of the family of, or a partner in busi

ness with, or in the employment for wages, of a party, or

Trial 4.44.300

(2016 Ed.) [Title 4 RCW—page 51]

being surety or bail in the action called for trial, or otherwise,

for a party.

(3) Having served as a juror on a previous trial in the

same action, or in another action between the same parties for

the same cause of action, or in a criminal action by the state

against either party, upon substantially the same facts or

transaction.

(4) Interest on the part of the juror in the event of the

action, or the principal question involved therein, excepting

always, the interest of the juror as a member or citizen of the

county or municipal corporation. [2003 c 406 § 7; Code 1881

§ 212; 1877 p 44 § 216; 1869 p 52 § 216; 1854 p 165 § 187;

RRS § 330.]

4.44.19 0

4.44.190 Challenge for actual bias.

4.44.190 Challenge for actual bias. A challenge for

actual bias may be taken for the cause mentioned in RCW

4.44.170(2). But on the trial of such challenge, although it

should appear that the juror challenged has formed or

expressed an opinion upon what he or she may have heard or

read, such opinion shall not of itself be sufficient to sustain

the challenge, but the court must be satisfied, from all the cir

cumstances, that the juror cannot disregard such opinion and

try the issue impartially. [2003 c 406 § 8; Code 1881 § 213;

1877 p 44 § 217; 1869 p 53 § 217; RRS § 331.]

4.44.21 0

4.44.210 Peremptory challenges, how taken.

4.44.210 Peremptory challenges, how taken. The

jurors having been examined as to their qualifications, first

by the plaintiff and then by the defendant, and passed for

cause, the peremptory challenges shall be conducted as fol

lows, to wit:

The plaintiff may challenge one, and then the defendant

may challenge one, and so alternately until the peremptory

challenges shall be exhausted. During this alternating pro

cess, if one of the parties declines to exercise a peremptory

challenge, then that party may no longer peremptorily chal

lenge any of the jurors in the group for which challenges are

then being considered and may only peremptorily challenge

any jurors later added to that group. A refusal to challenge by

either party in the said order of alternation shall not prevent

the adverse party from using the full number of challenges.

[2003 c 406 § 9; Code 1881 § 215; 1877 p 45 § 219; 1869 p

53 § 219; RRS § 333.]

4.44.22 0

4.44.220 Order of taking challenges.

4.44.220 Order of taking challenges. The challenges

of either party shall be taken separately in the following

order, including in each challenge all the causes of challenge

belonging to the same class:

(1) Challenges for cause.

(2) Peremptory challenges. [2003 c 406 § 10; Code 1881

§ 216; 1877 p 45 § 220; 1869 p 53 § 220; RRS § 334.]

4.44.23 0

4.44.230 Exceptions to challenges—Determination.

The challenge may be excepted to by the adverse party for

insufficiency, and if so, the court shall determine the suffi

ciency thereof, assuming the facts alleged therein to be true.

The challenge may be denied by the adverse party, and if so,

the court shall determine the facts and decide the issue. [2003

c 406 § 11; Code 1881 § 217; 1877 p 45 § 221; 1869 p 53 §

221; RRS § 335.]

4.44.240

4.44.240 Challenge determination.

4.44.240 Challenge determination. When facts are

determined under RCW 4.44.230, the rules of evidence appli

cable to testimony offered upon the trial of an ordinary issue

of fact shall govern. The juror challenged, or any other person

otherwise competent may be examined as a witness by either

party. If the challenge is sustained, the juror shall be dis

missed from the case; otherwise, the juror shall be retained.

[2003 c 406 § 12; Code 1881 § 218; 1877 p 45 § 222; 1869 p

54 § 222; RRS § 336.]

4.44.250

4.44.250 Challenge, exception, denial may be oral.

The challenge, the exception, and the denial may be made

orally. The judge shall enter the same upon the record, along

with the substance of the testimony on either side. [2003 c

406 § 13; Code 1881 § 219; 1877 p 45 § 223; 1869 p 54 §

223; RRS § 337.]

4.44.260

4.44.260 Oath of jurors.

4.44.260 Oath of jurors. When the jury has been

selected, an oath or affirmation shall be administered to the

jurors, in substance that they and each of them, will well, and

truly try, the matter in issue between the plaintiff and defen

dant, and a true verdict give, according to the law and evi-

dence as given them on the trial. [2003 c 406 § 14; Code

1881 § 220; 1877 p 46 § 224; 1869 p 54 § 224; RRS § 338.]

Oaths and mode of administering: State Constitution Art. 1 § 6.

4.44.270

4.44.270 View of premises by jury.

4.44.270 View of premises by jury. Whenever in the

opinion of the court it is proper that the jury should have a

view of real property which is the subject of litigation, or of

the place in which any material fact occurred, it may order the

jury to be conducted in a body, in the custody of a proper offi

cer, to the place which shall be shown to them by the judge or

by a person appointed by the court for that purpose. While the

jury are thus absent no person other than the judge, or person

so appointed, shall speak to them on any subject connected

with the trial. [Code 1881 § 225; 1877 p 47 § 229; 1869 p 56

§ 229; RRS § 344.]

4.44.280

4.44.28 0 Admonition s to jurors.

4.44.280 Admonitions to jurors. The court may

admonish the jurors that they must not discuss among them

selves any subject connected with the trial until they begin

their deliberations. The court may also admonish the jurors

that they must not discuss with nonjurors any subject con

nected with the trial until the jurors have been dismissed from

the case. [2003 c 406 § 15; 1957 c 7 § 5; Code 1881 § 226;

1877 p 47 § 230; 1869 p 56 § 230; RRS § 345.]

Care of jury while deliberating: RCW 4.44.300.

4.44.290

4.44.290 Replacement juror procedure.

4.44.290 Replacement juror procedure. If after the

formation of the jury, and before verdict, a juror becomes

unable to perform his or her duty, the court may discharge the

juror. In that case, unless the parties agree to proceed with the

other jurors: (1) An alternate juror may replace the dis

charged juror and the jury instructed to start their delibera-

tions anew; (2) a new juror may be sworn and the trial begin

anew; or (3) the jury may be discharged and a new jury then

or afterwards formed. [2003 c 406 § 16; Code 1881 § 227;

1877 p 48 § 231; 1869 p 56 § 231; RRS § 347.]

4.44.300

4.44.300 Care of jury while deliberating.

4.44.300 Care of jury while deliberating. During

deliberations, the jury may be allowed to separate unless

4.44.310 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 52] (2016 Ed.)

good cause is shown, on the record, for sequestration of the

jury. Unless the members of a deliberating jury are allowed to

separate, they must be kept together in a room provided for

them, or some other convenient place under the charge of one

or more officers, until they agree upon their verdict, or are

discharged by the court. The officer shall, to the best of his or

her ability, keep the jury separate from other persons. The

officer shall not allow any communication to be made to

them, nor make any himself or herself, unless by order of the

court, except to ask them if they have agreed upon their ver

dict, and the officer shall not, before the verdict is rendered,

communicate to any person the state of their deliberations or

the verdict agreed on. [2003 c 406 § 17; Code 1881 § 229;

1877 p 48 § 233; 1869 p 57 § 233; 1854 p 166 § 194; RRS §

349.]

Rules of court: Cf. CR 47(i), 51(h).

Admonitions to jury, separation: RCW 4.44.280.

4.44.31 0

4.44.310 Expense of keeping jury.

4.44.310 Expense of keeping jury. If, while the jury

are kept together, either during the progress of the trial or

after their retirement for deliberation, the court orders them to

be provided with suitable and sufficient food and lodging,

they shall be so provided at the expense of the county. [2003

c 406 § 18; Code 1881 § 230; 1877 p 48 § 234; 1869 p 57 §

234; RRS § 350.]

4.44.33 0

4.44.330 Discharge of jury without verdict.

4.44.330 Discharge of jury without verdict. The jury

may be discharged by the court on account of the sickness of

a juror, or other accident or calamity requiring their dis

charge, or by consent of both parties, or after they have been

kept together until it satisfactorily appears that there is no

probability of their agreeing. [Code 1881 § 233; 1877 p 48 §

237; 1869 p 58 § 237; RRS § 353.]

4.44.34 0

4.44.34 0 Effect of discharge of jury.

4.44.340 Effect of discharge of jury. In all cases where

a jury are discharged or prevented from giving a verdict, by

reason of accident or other cause, during the progress of the

trial or after the cause is submitted to them, the action shall

thereafter be for trial anew. [1891 c 60 § 2; Code 1881 § 234;

1877 p 49 § 238; 1869 p 58 § 238; RRS § 354.]

4.44.35 0

4.44.35 0 Court reces s while jury is out.

4.44.350 Court recess while jury is out. While the jury

is absent the court may adjourn from time to time, in respect

to other business, but it is nevertheless to be deemed open for

every purpose connected with the cause submitted to the jury

until a verdict is rendered or the jury discharged. [1957 c 9 §

2; Code 1881 § 235; 1877 p 49 § 239; 1869 p 58 § 239; 1854

p 166 § 197; RRS § 355.]

4.44.36 0

4.44.360 Proceedings when jury have agreed.

4.44.360 Proceedings when jury have agreed. When

the jury have agreed upon their verdict they shall be con

ducted into court by the officer having them in charge. [2003

c 406 § 19; Code 1881 § 236; 1877 p 49 § 240; 1869 p 58 §

240; RRS § 356.]

4.44.37 0

4.44.370 Manner of giving verdict.

4.44.370 Manner of giving verdict. The jurors shall be

asked by the court or the clerk whether they have agreed upon

their verdict, and if the presiding juror answers in the affirma

tive, the presiding juror shall submit the verdict to the court.

[2003 c 406 § 20; Code 1881 § 237; 1877 p 49 § 241; 1869 p

58 § 241; RRS § 357.]

4.44.380

4.44.380 Number of jurors required to render verdict.

4.44.380 Number of jurors required to render ver-

dict. In all trials by juries of six in the superior court, except

criminal trials, when five of the jurors agree upon a verdict,

the verdict so agreed upon shall be signed by the presiding

juror, and the verdict shall stand as the verdict of the whole

jury, and have all the force and effect of a verdict agreed to by

six jurors. In cases where the jury is twelve in number, a ver

dict reached by ten shall have the same force and effect as

described above, and the same procedures shall be followed.

[2003 c 406 § 21; 1972 ex.s. c 57 § 4; 1895 c 36 § 1; RRS §

358.]

Trial by jury: State Constitution Art. 1 § 21.

4.44.390

4.44.390 Jury may be polled.

4.44.390 Jury may be polled. After the verdict is

announced, but before it is filed, the jury may be polled at the

request of either party. Each juror may be asked whether the

verdict is his or her individual verdict and whether the verdict

is the jury's collective verdict. If it appears that the verdict is

insufficient because the required number of jurors have not

reached agreement, the jurors may be returned to the jury

room for further deliberation. [2003 c 406 § 22; 1972 ex.s. c

57 § 6; 1895 c 36 § 2; RRS § 359.]

4.44.410

4.44.410 General or special verdicts.

4.44.410 General or special verdicts. The verdict of a

jury is either general or special. [1984 c 76 § 4; Code 1881 §

240; 1877 p 49 § 244; 1869 p 59 § 244; 1854 p 167 § 198;

RRS § 362.]

Rules of court: See CR 49.

4.44.420

4.44.420 Verdict in action for specific personal property.

4.44.420 Verdict in action for specific personal prop-

erty. In an action for the recovery of specific personal prop-

erty, if the property has not been delivered to the plaintiff, or

the defendant by his or her answer claims a return thereof, the

jury shall assess the value of the property if their verdict be in

favor of the plaintiff, or if they find in favor of the defendant

and that the defendant is entitled to a return thereof, they may

at the same time assess the damages, if any are claimed in the

complaint or answer, which the prevailing party has sustained

by reason of the detention or taking and withholding such

property. [2003 c 406 § 23; Code 1881 § 241; 1877 p 50 §

245; 1869 p 59 § 245; 1854 p 167 § 199; RRS § 363.]

4.44.440

4.44.440 Inconsistency between special findings of fact and general verdict.

4.44.440 Inconsistency between special findings of

fact and general verdict. When special findings of fact are

inconsistent with the general verdict, the judge may enter

judgment consistent with the findings of fact, may return the

jurors to the jury room for further deliberations, or may order

a new trial. [2003 c 406 § 24; Code 1881 § 243; 1877 p 50 §

247; 1869 p 60 § 247; 1854 p 167 § 201; RRS § 365.]

Rules of court: Cf. CR 49(b).

4.44.450

4.44.450 Jury to assess amount of recovery.

4.44.450 Jury to assess amount of recovery. When a

verdict is found for the plaintiff in an action for the recovery

of money, or for the defendant when a setoff for the recovery

of money is established beyond the amount of the plaintiff's

claim as established, the jury shall also assess the amount of

the recovery; they may also, under the direction of the court,

assess the amount of the recovery when the court gives judg

ment for a party on the pleadings. [2003 c 406 § 25; 1891 c

60 § 3; Code 1881 § 244; 1877 p 50 § 248; 1869 p 60 § 248;

1854 p 167 § 202; RRS § 366.]

Trial Before Referee 4.48.030

(2016 Ed.) [Title 4 RCW—page 53]

4.44.46 0

4.44.460 Receiving verdict and discharging jury.

4.44.460 Receiving verdict and discharging jury. If

the court determines that the verdict meets the requirements

contained in this chapter and in court rules, the clerk shall file

the verdict. The verdict is then complete and the jury shall be

discharged from the case. The verdict shall be in writing, and

under the direction of the court shall be substantially entered

in the record as of the day's proceedings on which it was

given. [2003 c 406 § 26; Code 1881 § 239; 1877 p 49 § 243;

1869 p 59 § 243; RRS § 361.]

4.44.47 0

4.44.470 Court may fix amount of bond in civil actions.

4.44.470 Court may fix amount of bond in civil

actions. Whenever by statute a bond or other security is

required for any purpose in an action or other proceeding in a

court of record and if the party shall apply therefor, the court

shall have power to prescribe the amount of the bond or other

security notwithstanding any requirement of the statute; and

in every such case money in an amount prescribed by the

court may be deposited with the clerk in lieu of a bond. After

a bond or other security shall have been given, the court in its

discretion may require additional security either on its own

motion or upon motion of an interested party or person. The

courts shall exercise care to require adequate though not

excessive security in every instance. [1927 c 272 § 1; RRS §

958-4.]

Suretyship: Chapters 19.72, 48.28 RCW.

4.44.48 0

4.44.480 Deposits in court—Order.

4.44.480 Deposits in court—Order. When it is admit-

ted by the pleading or examination of a party, that the party

possesses or has control of any money, or other thing capable

of delivery, which being the subject of the litigation, is held

by him or her as trustee for another party, or which belongs or

is due to another party, the court may order the same to be

deposited in court, or delivered to such party, with or without

security, subject to the further direction of the court. [2003 c

406 § 27; Code 1881 § 195; 1877 p 41 § 199; 1869 p 49 §

203; 1854 p 163 § 174; RRS § 745.]

Rules of court: Cf. CR 67.

4.44.49 0

4.44.490 Deposits in court—Enforcement of order.

Whenever, in the exercise of its authority, a court shall have

ordered the deposit or delivery of money or other thing, and

the order is disobeyed, the court, besides punishing the dis

obedience as for contempt, may make an order requiring the

sheriff to take the money or thing, and deposit or deliver it, in

conformity with the direction of the court. [Code 1881 § 196;

1877 p 41 § 200; 1869 p 49 § 200; 1854 p 163 § 175; RRS §

746.]

Rules of court: Cf. CR 67.

4.44.50 0

4.44.500 Deposits in court—Custody of money deposited.

4.44.500 Deposits in court—Custody of money

deposited. Money deposited, or paid into a court in an

action, shall not be loaned out, unless, with the consent of all

parties having an interest in, or making claim to the same.

[Code 1881 § 197; 1877 p 41 § 201; 1869 p 49 § 201; 1854 p

163 § 176; RRS § 747.]

Rules of court: Cf. CR 67.

Chapter 4.48

Chapter 4.48 RCW

4.48 TRIAL BEFORE RE FEREE

TRIAL BEFORE REFEREE

Sections

4.48.010 Reference by consent—Right to jury trial—Referee may not

preside—Parties' written consent constitutes waiver of right.

4.48.020 Reference without consent.

4.48.030 To whom reference may be ordered.

4.48.040 Qualifications of referees.

4.48.050 Challenges to referees.

4.48.060 Trial procedure—Powers of referee—Referee to provide cler-

ical personnel.

4.48.070 Referee's report—Contents—Evidence, filing of, frivolous.

4.48.080 Proceedings on filing of report.

4.48.090 Judgment on referee's report.

4.48.100 Compensation of referee—Trial expense—Obligation of par-

ties, when.

4.48.110 Referee's proposed report—Copies—Objections, etc.—

Request for hearing—Final report—Additional items to be

filed—Exception—Copies.

4.48.120 Termination of referral—Judgment—Review of referee's deci-

sion.

4.48.130 Notice of trial before referee.

4.48.010

4.48.010 Reference by consent—Right to jury trial—Referee may not preside—Parties' writt en co nsent constitutes waiver o f right.

4.48.010 Reference by consent—Right to jury trial—

Referee may not preside—Parties' written consent consti

tutes waiver of right. The court shall order all or any of the

issues in a civil action, whether of fact or law, or both,

referred to a referee upon the written consent of the parties

which is filed with the clerk. Any party shall have the right in

an action at law, upon an issue of fact, to demand a trial by

jury. No referee appointed under this chapter may preside

over a jury trial. The written consent of the parties constitutes

a waiver of the right of trial by jury by any party having the

right. [1984 c 258 § 512; Code 1881 § 248; 1854 p 168 §

206; RRS § 369. Formerly RCW 4.44.100, part, and

4.48.010.]

Rules of court: Cf. CR 38(a).

Additional notes found at www.leg.wa.gov

4.48.020

4.48.020 Reference without consent.

4.48.020 Reference without consent. Where the par-

ties do not consent, the court may upon the application of

either party, direct a reference in all cases formerly cogniza

ble in chancery in which reference might be made:

(1) When the trial of an issue of fact shall require the

examination of a long account on either side, in which case

the referees may be directed to hear and decide the whole

issue, or to report upon any specific question of fact involved

therein; or,

(2) When the taking of an account shall be necessary for

the information of the court, before judgment upon an issue

of law, or for carrying a judgment or order into effect; or,

(3) When a question of fact other than upon the plead-

ings shall arise, upon motion or otherwise, in any stage of the

action; or,

(4) When it is necessary for the information of the court

in a special proceeding. [1984 c 258 § 513; Code 1881 § 249;

1877 p 51 § 253; 1869 p 61 § 253; 1854 p 168 § 207; RRS §

370.]

Additional notes found at www.leg.wa.gov

4.48.030

4.48.030 To whom reference may be ordered.

4.48.030 To whom reference may be ordered. A ref-

erence may be ordered to any person or persons not exceed-

ing three, agreed upon by the parties. If the reference is not

agreed to by the parties, the court may appoint one or more

persons, not exceeding three. [1984 c 258 § 514; Code 1881

4.48.040 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 54] (2016 Ed.)

§ 250; 1877 p 51 § 254; 1869 p 61 § 254; 1854 p 168 § 208;

RRS § 371.]

Additional notes found at www.leg.wa.gov

4.48.04 0

4.48.040 Qualifications of referees.

4.48.040 Qualifications of referees. A person

appointed by the court as a referee or who serves as a referee

with the consent of the parties shall be:

(1) Qualified as a juror as provided by statute.

(2) Competent as juror between the parties.

(3) A duly admitted and practicing attorney. [1984 c 258

§ 515; Code 1881 § 251; 1877 p 51 § 255; 1859 p 61 § 255;

1854 p 169 § 209; RRS § 372.]

Additional notes found at www.leg.wa.gov

4.48.05 0

4.48.050 Challenges to referees.

4.48.050 Challenges to referees. If a referee is

appointed by the court, each party shall have the same right to

challenge the appointment. Challenges shall be made and

determined in the same manner and with like effect as in the

formation of juries, except that neither party shall be entitled

to a peremptory challenge. [1984 c 258 § 516; Code 1881 §

252; 1877 p 52 § 256; 1869 p 61 § 256; RRS § 373.]

Additional notes found at www.leg.wa.gov

4.48.06 0

4.48.060 Trial procedure—Powers of referee— Referee to provide clerical personnel.

4.48.060 Trial procedure—Powers of referee—Ref-

eree to provide clerical personnel. (1) Subject to the limita-

tions and directions prescribed in the order of reference, the

trial conducted by a referee shall be conducted in the same

manner as a trial by the court. Unless waived in whole or in

part, the referee shall apply the rules of pleading, practice,

procedure, and evidence used in the superior courts of this

state. The referee shall have the same power to grant adjourn

ments, administer oaths, preserve order, punish all violations

thereof upon such trial, compel the attendance of witnesses,

and to punish them for nonattendance or refusal to be sworn

or testify, as is possessed by the court.

(2) A referee appointed under RCW 4.48.010 shall pro-

vide clerical personnel necessary for the conduct of the pro-

ceeding, including a court reporter. [1984 c 258 § 517; Code

1881 § 253; 1877 p 52 § 257; 1869 p 62 § 257; 1854 p 169 §

210; RRS § 374.]

Additional notes found at www.leg.wa.gov

4.48.07 0

4.48.070 Referee's report—Contents—Evidence, filing of, frivolous.

4.48.070 Referee's report—Contents—Evidence, fil-

ing of, frivolous. The report of a referee appointed by the

court under RCW 4.48.020 shall state the facts found, and

when the order of reference includes an issue of law, it shall

state the conclusions of law separately from the facts. The

referee shall file with the report the evidence received upon

the trial. If evidence offered by either party shall not be

admitted on the trial and the party offering the same excepts

to the decision rejecting such evidence at the time, the excep

tions shall be noted by the referees and they shall take and

receive such testimony and file it with the report. Whatever

judgment the court may give upon the report, it shall, when it

appears that such evidence was frivolous and inadmissible,

require the party at whose instance it was taken and reported,

to pay all costs and disbursements thereby incurred. [1984 c

258 § 518; Code 1881 § 254; 1877 p 52 § 258; 1869 p 62 §

258; 1854 p 169 § 210; RRS § 375.]

Additional notes found at www.leg.wa.gov

4.48.080

4.48.080 Proceedings on filing of report.

4.48.080 Proceedings on filing of report. The report of

a referee appointed by the court under RCW 4.48.020 shall be

filed with the clerk within twenty days after the trial con

cludes. Either party may, within such time as may be pre-

scribed by the rules of court, or by special order, move to set

the same aside, or for judgment thereon, or such order or pro

ceeding as the nature of the case may require. [1984 c 258 §

519; 1957 c 9 § 3; Code 1881 § 255; 1877 p 52 § 259; 1869 p

62 § 259; RRS § 376.]

Additional notes found at www.leg.wa.gov

4.48.090

4.48.090 Judgment on referee's report.

4.48.090 Judgment on referee's report. The court

may affirm or set aside the report of a referee appointed under

RCW 4.48.020 either in whole or in part. If it affirms the

report it shall give judgment accordingly. If the report be set

aside, either in whole or in part, the court may make another

order of reference as to all or so much of the report as is set

aside, to the original referees or others, or it may find the facts

and determine the law itself and give judgment accordingly.

Upon a motion to set aside a report, the conclusions thereof

shall be deemed and considered as the verdict of the jury.

[1984 c 258 § 520; Code 1881 § 256; 1877 p 52 § 260; 1869

p 62 § 260; RRS § 377.]

Additional notes found at www.leg.wa.gov

4.48.100

4.48.100 Compensation of referee—Trial expense—Obligation of parties, when.

4.48.100 Compensation of referee—Trial expense—

Obligation of parties, when. (1) The compensation of a ref

eree appointed under RCW 4.48.020 shall be the same as that

established for a superior court judge pro tempore under

RCW 2.08.180.

(2) If a referee is appointed pursuant to RCW 4.48.010,

the referee's compensation shall be at the rate prescribed by

subsection (1) of this section, unless otherwise agreed to by

the parties.

(3) Payment of the compensation of a referee appointed

under RCW 4.48.010 and the expense of the trial before the

referee shall be the obligation of the parties. The obligation

shall be borne equally unless the parties agree to a different

allocation. [1984 c 258 § 524; Code 1881 § 514; 1877 p 109

§ 518; 1854 p 202 § 376; RRS § 483.]

Supplemental proceedings, fees of referees: RCW 6.32.280.

Additional notes found at www.leg.wa.gov

4.48.110

4.48.110 Referee's proposed report—Copies—Objections, etc.—Request for hearing—Final rep ort—Additional items to b e filed—Exception—Copies.

4.48.110 Referee's proposed report—Copies—

Objections, etc.—Request for hearing—Final report—

Additional items to be filed—Exception—Copies. (1)

Within twenty days after the conclusion of a trial before a ref

eree appointed under RCW 4.48.010, unless a later time is

agreed to by the parties, the referee shall mail to each party a

copy of the referee's proposed written report. The proposed

report shall contain the findings of fact and conclusions of

law by the referee and the judgment of the referee.

(2) Within ten days after receipt of the copy of the pro-

posed report, any party may serve written objections and sug-

gested modifications or corrections to the proposed report on

the referee and the other parties. The referee shall without

delay consider the objections and suggestions and prepare a

final written report. If requested by any party, the referee

shall conduct a hearing on the proposed report and any sug

gested corrections or modifications before preparing the final

written report.

Agreed Cases 4.56.050

(2016 Ed.) [Title 4 RCW—page 55]

(3) Upon completion of the final written report, the ref-

eree shall file with the clerk of the superior court:

(a) Copies of all original papers in the action filed with

the referee;

(b) Exhibits offered and received or rejected during the

trial;

(d) The final written report containing the findings of

fact and conclusions of law by the referee and the judgment

of the referee.

(4) The presiding judge of the superior court may allow

the referee to file the final written report under subsection (3)

of this section without any of the items listed in subsection

(3) (a) through (c) of this section. However, the presiding

judge shall require the referee to file those items if a timely

notice of appeal of the judgment is filed.

(5) When the referee files the written report under sub-

section (3) of this section, the referee shall also mail to each

party a copy of the report. [1984 c 258 § 521.]

Additional notes found at www.leg.wa.gov

4.48.12 0

4.48.120 Termination of referral—Judgment—Review of referee's decision.

4.48.120 Termination of referral—Judgment—

Review of referee's decision. (1) Upon receipt by the clerk

of the court of the final written report filed under RCW

4.48.110, the referral of the action shall terminate and the

presiding judge of the superior court shall order the judgment

contained in the report entered as the judgment of the court in

the action. Subsequent motions and other post trial proceed

ings in the action may be conducted and disposed of by the

referee upon order of the presiding judge, in the discretion of

the presiding judge, or may otherwise be assigned by the pre

siding judge.

(2) The decision of a referee entered as provided in this

section may be reviewed in the same manner as if the deci

sion was made by the court. [1984 c 258 § 522.]

Additional notes found at www.leg.wa.gov

4.48.13 0

4.48.130 Notice of trial before referee.

4.48.130 Notice of trial before referee. (1) If an action

is to be tried by a referee appointed under RCW 4.48.010, at

least five days before the date set for the trial the referee shall

advise the clerk of the court of the time and place set for the

trial. The clerk shall post in a conspicuous place in the court

house a notice that includes the names of the parties to the

action, the time and place set for the trial, the name of the ref

eree, and a statement that the proceeding is being held before

a referee agreed to by the parties under chapter 4.48 RCW.

(2) A person interested in attending a trial before a ref-

eree appointed under RCW 4.84.010 [4.48.010] is entitled to

do so as in a trial of a civil action in superior court. Upon

request by any person, the referee shall give the person notice

of the time and place set for the trial. [1984 c 258 § 523.]

Additional notes found at www.leg.wa.gov

Chapter 4.52

Chapter 4.52 RCW

4.52 AGREED CA SES

AGREED CASES

Sections

4.52.010 Controversy may be submitted without action.

4.52.020 Judgment to be rendered as in other cases.

4.52.030 Enforcement of judgment—Appeal.

4.52.010

4.52.010 Cont roversy may be submitted wi thout action.

4.52.010 Controversy may be submitted without

action. Parties to a question in difference which might be the

subject of a civil action may, without action, agree upon a

case containing the facts upon which the controversy

depends, and present a submission of the same to any court

which would have jurisdiction if an action had been brought.

But it must appear by affidavit that the controversy is real,

and the proceedings in good faith to determine the rights of

the parties. The court shall thereupon hear and determine the

case and render judgment thereon as if an action were pend-

ing. [Code 1881 § 298; 1877 p 61 § 302; 1869 p 73 § 300;

RRS § 378.]

4.52.020

4.52.020 Judgment to be rendered as in other cases.

Judgment shall be entered in the judgment book as in other

cases, but without costs for any proceedings prior to the trial.

The case, the submission and a copy of the judgment shall

constitute the judgment roll. [Code 1881 § 299; 1877 p 61 §

303; 1869 p 74 § 301; RRS § 379.]

4.52.030

4.52.030 Enforcement of judgment—Appeal.

4.52.030 Enforcement of judgment—Appeal. The

judgment may be enforced in the same manner as if it had

been rendered in an action, and shall be in the same manner

subject to appeal. [Code 1881 § 300; 1877 p 61 § 304; 1869

p 74 § 302; RRS § 380.]

Chapter 4.56

Chapter 4.56 RCW

4.56 JUDGMENTS—GENERALLY

JUDGMENTS—GENERALLY

Sections

4.56.050 Effect of judgment against executor or administrator.

4.56.060 Judgment in case of setoff—When equal or less than plaintiff's

debt.

4.56.070 Judgment in case of setoff—When exceeds plaintiff's debt—

Effect of contract assignment.

4.56.075 Judgment in case of setoff—When exceeds plaintiff's debt or

affirmative relief required.

4.56.080 Judgment in action to recover personal property.

4.56.090 Assignment of judgment—Filing.

4.56.100 Satisfaction of judgments for payment of money.

4.56.110 Interest on judgments.

4.56.111 Interest on judgments—Rate.

4.56.115 Interest on judgments against state, political subdivisions or

municipal corporations—Torts.

4.56.120 Judgment of dismissal or nonsuit, grounds, effect—Other

judgments on merits.

4.56.150 Challenge to legal sufficiency of evidence—Judgment in bar

or of nonsuit.

4.56.190 Lien of judgment.

4.56.200 Commencement of lien on real estate.

4.56.210 Cessation of lien—Extension prohibited—Exception.

4.56.250 Claims for noneconomic damages—Limitation.

4.56.260 Award of future economic damages—Proposal for periodic

payments—Security—Satisfaction of judgment.

Enforcement of judgments: Title 6 RCW.

Judgments, financial support of child: RCW 13.34.161.

Liens, cessation, financial support of child: RCW 13.34.161.

Pleading judgments: RCW 4.36.070.

Time limit for decision: State Constitution Art. 4 § 20.

Verdict or award of future economic damages in personal injury or property

damage action may provide for periodic payments: RCW 4.56.260.

4.56.050

4.56.05 0 Effect of judgment aga inst execut or or adminis trator.

4.56.050 Effect of judgment against executor or

administrator. When a setoff shall be established in an

action brought by executors or administrators, and a balance

found due to the defendant, the judgment rendered thereon

against the plaintiff shall have the same effect as if the action

4.56.060 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 56] (2016 Ed.)

had been originally commenced by the defendant. [Code

1881 § 500; 1877 p 107 § 504; RRS § 269.]

Rules of court: Cf. CR 54(b).

4.56.06 0

4.56.060 Judgment in case of setoff—When equal or less than plaintiff's d ebt.

4.56.060 Judgment in case of setoff—When equal or

less than plaintiff's debt. If the amount of the setoff, duly

established, be equal to the plaintiff's debt or demand, judg

ment shall be rendered that the plaintiff take nothing by his or

her action; if it be less than the plaintiff's debt or demand, the

plaintiff shall have judgment for the residue only. [2011 c

336 § 109; Code 1881 § 503; 1877 p 108 § 507; RRS § 271

1/2.]

Rules of court: Cf. CR 54(b).

4.56.07 0

4.56.070 Judgment in case of setoff—When exceeds plaintiff's debt—Effect of contract assignment.

4.56.070 Judgment in case of setoff—When exceeds

plaintiff's debt—Effect of contract assignment. If there be

found a balance due from the plaintiff in the action to the

defendant, judgment shall be rendered in favor of the defen

dant for the amount thereof, but no such judgment shall be

rendered against the plaintiff when the contract, which is the

subject of the action, shall have been assigned before the

commencement of such action, nor for any balance due from

any other person than the plaintiff in the action. [Code 1881

§ 504; 1877 p 108 § 508; RRS § 272. FORMER PART OF

SECTION: Code 1881 § 303; RRS § 433 now codified as

RCW 4.56.075.]

Rules of court: Cf. CR 54(b).

4.56.07 5

4.56.075 Judgment in case of setoff—When exceeds plaintiff's debt or affirmative relief required.

4.56.075 Judgment in case of setoff—When exceeds

plaintiff's debt or affirmative relief required. If a setoff

established at the trial, exceeds the plaintiff's demand so

established, judgment for the defendant shall be given for the

excess; or if it appears that the defendant is entitled to any

affirmative relief, judgment shall be given accordingly.

[Code 1881 § 303; 1877 p 62 § 307; 1869 p 74 § 305; 1854 p

173 § 231; RRS § 433. Formerly RCW 4.56.070, part.]

Rules of court: Cf. CR 54(b).

4.56.08 0

4.56.080 Judgment in action to recover personal property.

4.56.080 Judgment in action to recover personal

property. In an action to recover the possession of personal

property, judgment for the plaintiff may be for the possession

or value thereof, in case a delivery cannot be had, and dam

ages for the detention. If the property has been delivered to

the plaintiff, and the defendant claim a return thereof, judg

ment for the defendant may be for a return of the property, or

the value thereof, in case a return cannot be had, and damages

for taking and withholding the same. [Code 1881 § 304;

1877 p 62 § 308; 1869 p 75 § 306; 1854 p 173 § 232; RRS §

434.]

4.56.09 0

4.56.090 Assignment of judgment—Filing.

4.56.090 Assignment of judgment—Filing. When any

judgment has been assigned, the assignment may be filed in

the office of the county clerk in the county where the judg

ment is recorded and a certified copy thereof may be filed in

any county where an abstract of such judgment has been filed

and from the time of such filing shall be notice of such

assignment: PROVIDED, That such assignment of a judg

ment or such certified copy thereof, may not be filed unless it

is properly acknowledged before an officer qualified by law

to take acknowledgment of deeds. [1935 c 22 § 1, part; 1929

c 60 § 5, part; RRS § 447. Prior: 1893 c 42 § 6.]

4.56.100

4.56.100 Satisfaction of judgments for payment of money.

4.56.100 Satisfaction of judgments for payment of

money. (1) When any judgment for the payment of money

only shall have been paid or satisfied, the clerk of the court in

which such judgment was rendered shall note upon the record

in the execution docket satisfaction thereof giving the date of

such satisfaction upon either the payment to such clerk of the

amount of such judgment, costs and interest and any accrued

costs by reason of the issuance of any execution, or the filing

with such clerk of a satisfaction entitled in such action and

identifying the same executed by the judgment creditor or his

or her attorney of record in such action or his or her assignee

acknowledged as deeds are acknowledged. The clerk has the

authority to note the satisfaction of judgments for criminal

and juvenile legal financial obligations when the clerk's

record indicates payment in full or as directed by the court.

Every satisfaction of judgment and every partial satisfaction

of judgment which provides for the payment of money shall

clearly designate the judgment creditor and his or her attor

ney if any, the judgment debtor, the amount or type of satis-

faction, whether the satisfaction is full or partial, the cause

number, and the date of entry of the judgment. A certificate

by such clerk of the entry of such satisfaction by him or her

may be filed in the office of the clerk of any county in which

an abstract of such judgment has been filed. When so satis

fied by the clerk or the filing of such certificate the lien of

such judgment shall be discharged.

(2) The department of social and health services shall file

a satisfaction of judgment for welfare fraud conviction if a

person does not pay money through the clerk as required

under subsection (1) of this section. [2003 c 379 § 23; 1997

c 358 § 4; 1994 c 185 § 1; 1983 c 28 § 1; 1929 c 60 § 6; RRS

§ 454. Prior: 1893 c 42 § 7.]

Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW

9.94A.760.

Additional notes found at www.leg.wa.gov

4.56.110

4.56.110 Interest on judgments.

4.56.110 Interest on judgments. Interest on judgments

shall accrue as follows:

(1) Judgments founded on written contracts, providing

for the payment of interest until paid at a specified rate, shall

bear interest at the rate specified in the contracts: PRO

VIDED, That said interest rate is set forth in the judgment.

(2) All judgments for unpaid child support that have

accrued under a superior court order or an order entered

under the administrative procedure act shall bear interest at

the rate of twelve percent.

(3)(a) Judgments founded on the tortious conduct of a

"public agency" as defined in RCW 42.30.020 shall bear

interest from the date of entry at two percentage points above

the equivalent coupon issue yield, as published by the board

of governors of the federal reserve system, of the average bill

rate for twenty-six week treasury bills as determined at the

first bill market auction conducted during the calendar month

immediately preceding the date of entry. In any case where a

court is directed on review to enter judgment on a verdict or

in any case where a judgment entered on a verdict is wholly

or partly affirmed on review, interest on the judgment or on

that portion of the judgment affirmed shall date back to and

shall accrue from the date the verdict was rendered.

(b) Except as provided in (a) of this subsection, judg-

ments founded on the tortious conduct of individuals or other

Judgments—Generally 4.56.150

(2016 Ed.) [Title 4 RCW—page 57]

entities, whether acting in their personal or representative

capacities, shall bear interest from the date of entry at two

percentage points above the prime rate, as published by the

board of governors of the federal reserve system on the first

business day of the calendar month immediately preceding

the date of entry. In any case where a court is directed on

review to enter judgment on a verdict or in any case where a

judgment entered on a verdict is wholly or partly affirmed on

review, interest on the judgment or on that portion of the

judgment affirmed shall date back to and shall accrue from

the date the verdict was rendered.

(4) Except as provided under subsections (1), (2), and (3)

of this section, judgments shall bear interest from the date of

entry at the maximum rate permitted under RCW 19.52.020

on the date of entry thereof. In any case where a court is

directed on review to enter judgment on a verdict or in any

case where a judgment entered on a verdict is wholly or

partly affirmed on review, interest on the judgment or on that

portion of the judgment affirmed shall date back to and shall

accrue from the date the verdict was rendered. The method

for determining an interest rate prescribed by this subsection

is also the method for determining the "rate applicable to civil

judgments" for purposes of RCW 10.82.090. [2010 c 149 §

1; 2004 c 185 § 2; 1989 c 360 § 19; 1983 c 147 § 1; 1982 c

198 § 1; 1980 c 94 § 5; 1969 c 46 § 1; 1899 c 80 § 6; 1895 c

136 § 4; RRS § 457.]

Additional notes found at www.leg.wa.gov

4.56.11 1

4.56.111 Interest on judgments—Rate.

4.56.111 Interest on judgments—Rate. The rate of

interest required by RCW 4.56.110(3) (a) and (b) applies to

the accrual of interest:

(1) As of the date of entry of judgment with respect to a

judgment that is entered on or after June 10, 2010; and

(2) As of June 10, 2010, with respect to a judgment that

was entered before June 10, 2010, and that is still accruing

interest on June 10, 2010. [2010 c 149 § 2.]

4.56.11 5

4.56.115 Inte rest on judgments against s tate, political subdivisions or m unicipal corporations—T orts.

4.56.115 Interest on judgments against state, political

subdivisions or municipal corporations—Torts. Judg

ments founded on the tortious conduct of the state of Wash-

ington or of the political subdivisions, municipal corpora-

tions, and quasi municipal corporations of the state, whether

acting in their governmental or proprietary capacities, shall

bear interest from the date of entry at two percentage points

above the equivalent coupon issue yield (as published by the

board of governors of the federal reserve system) of the aver

age bill rate for twenty-six week treasury bills as determined

at the first bill market auction conducted during the calendar

month immediately preceding the date of entry thereof. In

any case where a court is directed on review to enter judg

ment on a verdict or in any case where a judgment entered on

a verdict is wholly or partly affirmed on review, interest on

the judgment or on that portion of the judgment affirmed

shall date back to and shall accrue from the date the verdict

was rendered. [2004 c 185 § 1; 1983 c 147 § 2; 1975 c 26 §

1.]

Additional notes found at www.leg.wa.gov

4.56.12 0

4.56.120 Judgment of dismissal or nonsuit, grounds, effect—Other judgments on merits.

4.56.120 Judgment of dismissal or nonsuit, grounds,

effect—Other judgments on merits. An action in the supe

rior court may be dismissed by the court and a judgment of

nonsuit rendered in the following cases:

(1) Upon the motion of the plaintiff, (a) when the case is

to be or is being tried before a jury, at any time before the

court announces its decision in favor of the defendant upon a

challenge to the legal sufficiency of the evidence, or before

the jury retire to consider their verdict, (b) when the action,

whether for legal or equitable relief, is to be or is being tried

before the court without a jury, at any time before the court

has announced its decision: PROVIDED, That no action shall

be dismissed upon the motion of the plaintiff, if the defendant

has interposed a setoff as a defense, or seeks affirmative

relief growing out of the same transaction, or sets up a coun

terclaim, either legal or equitable, to the specific property or

thing which is the subject matter of the action.

(2) Upon the motion of either party, upon the written

consent of the other.

(3) When the plaintiff fails to appear at the time of trial

and the defendant appears and asks for a dismissal.

(4) Upon its own motion, when, upon the trial and before

the final submission of the case, the plaintiff abandons it.

(5) Upon its own motion, on the refusal or neglect of the

plaintiff to make the necessary parties defendants, after hav

ing been ordered so to do by the court.

(6) Upon the motion of some of the defendants, when

there are others whom the plaintiff fails to prosecute with dil

igence.

(7) Upon its own motion, for disobedience of the plain-

tiff to an order of the court concerning the proceedings in the

action.

(8) Upon the motion of the defendant, when, upon the

trial, the plaintiff fails to prove some material fact or facts

necessary to sustain his or her action, as alleged in his or her

complaint. When judgment of nonsuit is given, the action is

dismissed, but such judgment shall not have the effect to bar

another action for the same cause. In every case, other than

those mentioned in this section, the judgment shall be ren

dered upon the merits and shall bar another action for the

same cause. [2011 c 336 § 110; 1929 c 89 § 1; RRS §§ 408,

409, 410. Formerly RCW 4.56.120, 4.56.130, and 4.56.140.

Prior: Code 1881 §§ 286, 287, 288; 1877 p 58 §§ 290, 291,

292; 1869 p 69 §§ 288, 289, 290; 1854 p 171 §§ 223, 224.]

Rules of court: Cf. CR 41(a), (b).

4.56.150

4.56.150 Challenge to legal sufficiency of evidence—Judgment in bar or of nonsuit.

4.56.150 Challenge to legal sufficiency of evidence—

Judgment in bar or of nonsuit. In all cases tried in the supe

rior court with a jury, the defendant, at the close of the plain-

tiff's evidence, or either party, at the close of all the evidence,

may challenge the legal sufficiency of the evidence to war

rant a verdict in favor of the adverse party, and if the court

shall decide as a matter of law the evidence does not warrant

a verdict, it shall thereupon discharge the jury from further

consideration of the case and enter a judgment in accordance

with its decision, which judgment if it be in favor of the

defendant shall be a bar to another action by the plaintiff for

the same cause: PROVIDED, That in case the defendant

challenge the legal sufficiency of the evidence at the close of

plaintiff's case, and the court shall decide that it is insufficient

merely for failure of proof of some material fact, or facts, and

that there is reasonable ground to believe that such proof can

be supplied in a subsequent action, the court may discharge

4.56.190 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 58] (2016 Ed.)

the jury and enter a judgment of nonsuit as provided in RCW

4.56.120: AND PROVIDED, FURTHER, That nothing in

this section shall be construed to authorize the court to dis

charge the jury and determine disputed questions of fact.

[1929 c 89 § 2; 1895 c 40 § 1; RRS § 410-1.]

Rules of court: Cf. CR 50(a).

4.56.19 0

4.56.190 Lien of judgment.

4.56.190 Lien of judgment. The real estate of any

judgment debtor, and such as the judgment debtor may

acquire, not exempt by law, shall be held and bound to satisfy

any judgment of the district court of the United States ren

dered in this state and any judgment of the supreme court,

court of appeals, superior court, or district court of this state,

and every such judgment shall be a lien thereupon to com

mence as provided in RCW 4.56.200 and to run for a period

of not to exceed ten years from the day on which such judg

ment was entered unless the ten-year period is extended in

accordance with RCW 6.17.020(3), or unless the judgment

results from a criminal sentence for a crime that was commit

ted on or after July 1, 2000, in which case the lien will remain

in effect until the judgment is fully satisfied. As used in this

chapter, real estate shall not include the vendor's interest

under a real estate contract for judgments rendered after

August 23, 1983. If a judgment debtor owns real estate, sub

ject to execution, jointly or in common with any other person,

the judgment shall be a lien on the interest of the defendant

only.

Personal property of the judgment debtor shall be held

only from the time it is actually levied upon. [2011 c 106 § 4;

1994 c 189 § 3. Prior: 1987 c 442 § 1103; 1987 c 202 § 116;

1983 1st ex.s. c 45 § 5; 1980 c 105 § 3; 1971 c 81 § 16; 1929

c 60 § 1; RRS § 445; prior: 1893 c 42 § 9; Code 1881 § 321;

1869 p 78 § 317; 1860 p 51 § 234; 1857 p 11 § 15; 1854 p 175

§ 240.]

Finding—2011 c 106: See note following RCW 10.82.090.

Intent—1987 c 202: See note following RCW 2.04.190.

Entry of judgments—Superior court—District court—Small claims: RCW

6.01.020.

Execution of judgments: RCW 6.17.020.

Additional notes found at www.leg.wa.gov

4.56.20 0

4.56.200 Commencement of lien on real estate.

4.56.200 Commencement of lien on real estate. The

lien of judgments upon the real estate of the judgment debtor

shall commence as follows:

(1) Judgments of the district court of the United States

rendered or filed in the county in which the real estate of the

judgment debtor is situated, from the time of the entry or fil

ing thereof;

(2) Judgments of the superior court for the county in

which the real estate of the judgment debtor is situated, from

the time of the filing by the county clerk upon the execution

docket in accordance with RCW 4.64.030;

(3) Judgments of the district court of the United States

rendered in any county in this state other than that in which

the real estate of the judgment debtor to be affected is situ

ated, judgments of the supreme court of this state, judgments

of the court of appeals of this state, and judgments of the

superior court for any county other than that in which the real

estate of the judgment debtor to be affected is situated, from

the time of the filing of a duly certified abstract of such judg

ment with the county clerk of the county in which the real

estate of the judgment debtor to be affected is situated, as pro

vided in this act;

(4) Judgments of a district court of this state rendered or

filed as a foreign judgment in a superior court in the county in

which the real estate of the judgment debtor is situated, from

the time of the filing of a duly certified transcript of the

docket of the district court with the county clerk of the county

in which such judgment was rendered or filed, and upon such

filing said judgment shall become to all intents and purposes

a judgment of the superior court for said county; and

(5) Judgments of a district court of this state rendered or

filed in a superior court in any other county in this state than

that in which the real estate of the judgment debtor to be

affected is situated, a transcript of the docket of which has

been filed with the county clerk of the county where such

judgment was rendered or filed, from the time of filing, with

the county clerk of the county in which the real estate of the

judgment debtor to be affected is situated, of a duly certified

abstract of the record of said judgment in the office of the

county clerk of the county in which the certified transcript of

the docket of said judgment of said district court was origi

nally filed. [2012 c 133 § 1; 2002 c 261 § 3; 1987 c 202 §

117; 1971 c 81 § 17; 1929 c 60 § 2; RRS § 445-1.]

Reviser's note: The words at the end of subsection (3) reading "as pro-

vided in this act" appeared in chapter 60, Laws of 1929 which is codified as

RCW 4.56.090, 4.56.100, 4.56.190 through 4.56.210, 4.64.070, 4.64.090,

4.64.110, and 4.64.120.

Intent—1987 c 202: See note following RCW 2.04.190.

Entry of verdict in execution docket—Effect—Cessation of lien: RCW

4.64.020, 4.64.100.

4.56.210

4.56.210 Cessa tion of lien—Extension pr ohib ited—Exception.

4.56.210 Cessation of lien—Extension prohibited—

Exception. (1) Except as provided in subsections (2) and (3)

of this section, after the expiration of ten years from the date

of the entry of any judgment heretofore or hereafter rendered

in this state, it shall cease to be a lien or charge against the

estate or person of the judgment debtor. No suit, action or

other proceeding shall ever be had on any judgment rendered

in this state by which the lien shall be extended or continued

in force for any greater or longer period than ten years.

(2) An underlying judgment or judgment lien entered

after *the effective date of this act for accrued child support

shall continue in force for ten years after the eighteenth birth

day of the youngest child named in the order for whom sup-

port is ordered. All judgments entered after *the effective

date of this act shall contain the birth date of the youngest

child for whom support is ordered.

(3) A lien based upon an underlying judgment continues

in force for an additional ten-year period if the period of exe

cution for the underlying judgment is extended under RCW

6.17.020. [1995 c 75 § 1; 1989 c 360 § 2; 1979 ex.s. c 236 §

1; 1929 c 60 § 7; RRS §§ 459, 460. Formerly RCW 4.56.210

and 4.56.220. Prior: 1897 c 39 §§ 1, 2.]

*Reviser's note: This act [1989 c 360] has three effective dates. Sec-

tions 9, 10, and 16 are effective May 12, 1989, section 39 is effective July 1,

1990, and the remainder of this act is effective July 23, 1989.

Entry of judgments—Superior court—District court—Small claims: RCW

6.01.020.

4.56.250

4.56.250 Claims for noneconomic damages—Limitation.

4.56.250 Claims for noneconomic damages—Limita-

tion. (1) As used in this section, the following terms have the

Judgment by Confession 4.60.020

(2016 Ed.) [Title 4 RCW—page 59]

meanings indicated unless the context clearly requires other-

wise.

(a) "Economic damages" means objectively verifiable

monetary losses, including medical expenses, loss of earn

ings, burial costs, loss of use of property, cost of replacement

or repair, cost of obtaining substitute domestic services, loss

of employment, and loss of business or employment opportu

nities.

(b) "Noneconomic damages" means subjective, non-

monetary losses, including, but not limited to pain, suffering,

inconvenience, mental anguish, disability or disfigurement

incurred by the injured party, emotional distress, loss of soci

ety and companionship, loss of consortium, injury to reputa-

tion and humiliation, and destruction of the parent-child rela-

tionship.

disease, including death.

(d) "Average annual wage" means the average annual

wage in the state of Washington as determined under RCW

50.04.355.

(2) In no action seeking damages for personal injury or

death may a claimant recover a judgment for noneconomic

damages exceeding an amount determined by multiplying

0.43 by the average annual wage and by the life expectancy

of the person incurring noneconomic damages, as the life

expectancy is determined by the life expectancy tables

adopted by the insurance commissioner. For purposes of

determining the maximum amount allowable for noneco

nomic damages, a claimant's life expectancy shall not be less

than fifteen years. The limitation contained in this subsection

applies to all claims for noneconomic damages made by a

claimant who incurred bodily injury. Claims for loss of con

sortium, loss of society and companionship, destruction of

the parent-child relationship, and all other derivative claims

asserted by persons who did not sustain bodily injury are to

be included within the limitation on claims for noneconomic

damages arising from the same bodily injury.

(3) If a case is tried to a jury, the jury shall not be

informed of the limitation contained in subsection (2) of this

section. [1986 c 305 § 301.]

Reviser's note: As to the constitutionality of this section, see Sofie v.

Fibreboard Corp., 112 Wn.2d 636 (1989).

Additional notes found at www.leg.wa.gov

4.56.26 0

4.56.260 Award of future economic damages—Proposal for periodic payments—Security—Satisfaction of judgment.

4.56.260 Award of future economic damages—Pro-

posal for periodic payments—Security—Satisfaction of

judgment. (1) In an action based on fault seeking damages

for personal injury or property damage in which a verdict or

award for future economic damages of at least one hundred

thousand dollars is made, the court or arbitrator shall, at the

request of a party, enter a judgment which provides for the

periodic payment in whole or in part of the future economic

damages. With respect to the judgment, the court or arbitrator

shall make a specific finding as to the dollar amount of peri

odic payments intended to compensate the judgment creditor

for the future economic damages.

(2) Prior to entry of judgment, the court shall request

each party to submit a proposal for periodic payment of

future economic damages to compensate the claimant. Pro

posals shall include provisions for: The name of the recipient

or recipients of the payments, the dollar amount of the pay

ments, the interval between payments, the number of pay-

ments or the period of time over which the payments shall be

made, modification for hardship or unforeseen circum

stances, posting of adequate security, and any other factor the

court deems relevant under the circumstances. After each

party has submitted a proposal, the court shall select the pro

posal, with any changes the court deems proper, which in the

discretion of the court and the interests of justice best pro

vides for the future needs of the claimant and enter judgment

accordingly.

(3) If the court enters a judgment for periodic payments

and any security required by the judgment is not posted

within thirty days, the court shall enter a judgment for the

payment of future damages in a lump sum.

(4) If at any time following entry of judgment for peri-

odic payments, a judgment debtor fails for any reason to

make a payment in a timely fashion according to the terms of

the judgment, the judgment creditor may petition the court

for an order requiring payment by the judgment debtor of the

outstanding payments in a lump sum. In calculating the

amount of the lump sum judgment, the court shall total the

remaining periodic payments due and owing to the judgment

creditor converted to present value. The court may also

require payment of interest on the outstanding judgment.

(5) Upon the death of the judgment creditor, the court

which rendered the original judgment may, upon petition of

any party in interest, modify the judgment to award and

apportion the unpaid future damages. Money damages

awarded for loss of future earnings shall not be reduced or

payments terminated by reason of the death of the judgment

creditor.

(6) Upon satisfaction of a periodic payment judgment,

any obligation of the judgment debtor to make further pay

ments shall cease and any security posted pursuant to this

section shall revert to the judgment debtor. [1986 c 305 §

801.]

Additional notes found at www.leg.wa.gov

Chapter 4.60

Chapter 4.60 RCW

4.60 JUDGMENT BY CONFESSION

JUDGMENT BY CONFESSION

Sections

4.60.010 Judgment on confession authorized.

4.60.020 Confession by public and private corporations and minors.

4.60.030 Confession by person jointly liable.

4.60.040 Confession, how made.

4.60.050 Judgment by confession without suit.

4.60.060 Statement in writing—Requisites.

4.60.070 Judgment on confession—Entry—Execution.

Damages, assessment without answer: RCW 4.28.290.

4.60.010

4.60.010 Judgment on confession authorized.

4.60.010 Judgment on confession authorized. On the

confession of the defendant, with the assent of the plaintiff or

his or her attorney, judgment may be given against the defen

dant in any action before or after answer, for any amount or

relief not exceeding or different from that demanded in the

complaint. [2011 c 336 § 111; Code 1881 § 291; 1877 p 60 §

295; 1869 p 72 § 293; 1854 p 172 §§ 226-228; RRS § 413.]

4.60.020

4.60.020 Confession by public and private corporations and minors.

4.60.020 Confession by public and private corpora-

tions and minors. When the action is against the state, a

county or other public corporation therein, or a private corpo

4.60.030 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 60] (2016 Ed.)

ration, or a minor, the confession shall be made by the person

who at the time sustains the relation to such state, corpora

tion, county or minor, as would authorize the service of a

notice summons upon him or her; or in the case of a minor, if

a guardian for the action has been appointed, then by such

guardian; in all other cases the confession shall be made by

the defendant in person. [2011 c 336 § 112; Code 1881 §

292; 1877 p 60 § 296; 1869 p 72 § 294; RRS § 414.]

4.60.03 0

4.60.030 Confession by person jointly liable.

4.60.030 Confession by person jointly liable. When

the action is upon a contract and against one or more defen

dants jointly liable, judgment may be given on the confession

of one or more defendants, against all the defendants thus

jointly liable, whether such defendants have been served or

not, to be enforced only against their joint property and

against the joint and separate property of the defendant mak

ing the confession. [Code 1881 § 293; 1877 p 60 § 297; 1869

p 72 § 295; RRS § 415.]

4.60.04 0

4.60.040 Confession, how made.

4.60.040 Confession, how made. The confession and

assent thereto shall be in writing and subscribed by the parties

making the same, and acknowledged by each before some

officer authorized to take acknowledgments of deeds. [Code

1881 § 294; 1877 p 60 § 298; 1869 p 72 § 296; RRS § 416.]

4.60.05 0

4.60.05 0 Judgment by confessio n without su it.

4.60.050 Judgment by confession without suit. A

judgment by confession may be entered without action, either

for money due or to become due, or to secure any person

against contingent liability on behalf of the defendant, or

both, in the manner prescribed by this chapter. [Code 1881 §

295; 1877 p 60 § 299; 1869 p 73 § 297; RRS § 417.]

4.60.06 0

4.60.06 0 Statement i n writing—Re quisites.

4.60.060 Statement in writing—Requisites. A state-

ment in writing shall be made, signed by the defendant and

verified by his or her oath, to the following effect:

(1) It shall authorize the entry of judgment for a specified

sum.

(2) If it be for money due or to become due, it shall state

concisely the facts out of which the indebtedness arose, and

shall show that the sum confessed to be due, is justly due or

to become due.

(3) If it be for the purpose of securing the plaintiff

against a contingent liability, it shall state concisely the facts

constituting the liability, and show that the sum confessed

therefor does not exceed the same. [2011 c 336 § 113; Code

1881 § 296; 1877 p 61 § 300; 1869 p 73 § 298; RRS § 418.]

4.60.07 0

4.60.070 Judgment on confession—Entry—Execution.

4.60.070 Judgment on confession—Entry—Execu-

tion. The statement must be presented to the superior court

or a judge thereof, and if the same be found sufficient, the

court or judge shall indorse thereon an order that judgment be

entered by the clerk; whereupon it may be filed in the office

of the clerk, who shall enter a judgment for the amount con

fessed, with costs. Execution may be issued and enforced

thereon in the same manner as upon judgments in other cases.

[Code 1881 § 297; 1877 p 61 § 301; 1869 p 73 § 299; RRS §

419.]

Chapter 4.64

Chapter 4.64 RCW

4.64 ENTRY OF JUDGMENTS

ENTRY OF JUDGMENTS

Sections

4.64.020 Entry of verdict in execution docket—Effect.

4.64.030 Entry of judgment—Form of judgment summary.

4.64.060 Execution docket—Index of record.

4.64.080 Entries in execution docket.

4.64.090 Abstract of judgment.

4.64.100 Abstract of verdict—Cessation of lien, certificate.

4.64.110 Transcript of district court docket.

4.64.120 Entry of abstract or transcript of judgment.

4.64.020

4.64.020 Entry of verdict in execution docket—Effect.

4.64.020 Entry of verdict in execution docket—

Effect. (1) The clerk on the return of a verdict shall forthwith

enter it in the execution docket, specifying the amount, the

names of the parties to the action, and the names of the party

or parties against whom the verdict is rendered; such entry

shall be indexed in the record index and shall conform as near

as may be to entries of judgments required to be made in the

execution docket.

(2) Beginning at eight o'clock a.m. the day after the entry

of a verdict as herein provided, it shall be notice to all the

world of the rendition thereof, and any person subsequently

acquiring title to or a lien upon the real property of the party

or parties against whom the verdict is returned shall be

deemed to have acquired such title or lien with notice, and

such title or lien shall be subject and inferior to any judgment

afterwards entered on the verdict. [1987 c 442 § 1109; 1927

c 176 § 1; 1921 c 65 § 2; RRS § 431-1.]

Rules of court: Cf. CR 58(b).

4.64.030

4.64.030 Entry of judgment—Form of judgment summary.

4.64.030 Entry of judgment—Form of judgment

summary. (1) The clerk shall enter all judgments in the exe

cution docket, subject to the direction of the court and shall

specify clearly the amount to be recovered, the relief granted,

or other determination of the action.

(2)(a) On the first page of each judgment which provides

for the payment of money, including foreign judgments,

judgments in rem, mandates of judgments, and judgments on

garnishments, the following shall be succinctly summarized:

The judgment creditor and the name of his or her attorney, the

judgment debtor, the amount of the judgment, the interest

owed to the date of the judgment, and the total of the taxable

costs and attorney fees, if known at the time of the entry of

the judgment, and in the entry of a foreign judgment, the fil

ing and expiration dates of the judgment under the laws of the

original jurisdiction.

(b) If the judgment provides for the award of any right,

title, or interest in real property, the first page must also

include an abbreviated legal description of the property in

which the right, title, or interest was awarded by the judg

ment, including lot, block, plat, or section, township, and

range, and reference to the judgment page number where the

full legal description is included, if applicable; or the asses

sor's property tax parcel or account number, consistent with

RCW 65.04.045(1) (f) and (g).

the ownership, maintenance, or use of a motor vehicle as

specified in RCW 46.29.270, the first page of the judgment

summary must clearly state that the judgment is awarded pur

suant to RCW 46.29.270 and that the clerk must give notice

Entry of Judgments 4.64.120

(2016 Ed.) [Title 4 RCW—page 61]

to the department of licensing as outlined in *RCW

46.29.310.

(3) If the attorney fees and costs are not included in the

judgment, they shall be summarized in the cost bill when

filed. The clerk may not enter a judgment, and a judgment

does not take effect, until the judgment has a summary in

compliance with this section. The clerk is not liable for an

incorrect summary. [2003 c 43 § 1; 2000 c 41 § 1; 1999 c 296

§ 1; 1997 c 358 § 5; 1995 c 149 § 1; 1994 c 185 § 2; 1987 c

442 § 1107; 1984 c 128 § 6; 1983 c 28 § 2; Code 1881 § 305;

1877 p 62 § 309; 1869 p 75 § 307; RRS § 435.]

Rules of court: Cf. CR 58(a), CR 58(b), CR 78(e).

*Reviser's note: RCW 46.29.310 was amended by 2016 c 93 § 5,

requiring that the judgment creditor, rather than the clerk of the court, pro

vide notice to the department of licensing.

4.64.06 0

4.64.060 Execution docket—Index of record.

4.64.060 Execution docket—Index of record. Every

county clerk shall keep in the clerk's office a record, to be

called the execution docket, which shall be a public record

and open during the usual business hours to all persons desir

ous of inspecting it. The record must be indexed both directly

and inversely, and include all judgments, abstracts, and tran

scripts of judgments in the clerk's office. The index must

refer to each party against whom the judgment is rendered or

whose property is affected by the judgment. [1997 c 358 § 6;

1987 c 442 § 1105; 1967 ex.s. c 34 § 1; Code 1881 § 307;

1877 p 62 § 311; 1869 p 75 § 309; 1854 p 173 § 234; RRS §

444.]

4.64.08 0

4.64.080 Entries in execution docket.

4.64.080 Entries in execution docket. When entering

a judgment in the execution docket, the clerk shall leave

space on the same page, if practicable, in which the clerk

shall enter, in the order in which they occur, all the proceed

ings subsequent to the judgment in the case until its final sat-

isfaction, including when and to what county an execution is

issued, when returned, and the return or the substance

thereof. When the execution is levied on personal property

which is returned unsold, the entry shall be: "levied (noting

the date) on property not sold." When any sheriff shall fur

nish the clerk with a copy of any levy upon real estate on any

judgment the minutes of which are entered in the execution

docket, the entry shall be: "levied upon real estate," noting

the date. When any execution issued to any other county is

returned levied upon real estate in such county, the entry in

the docket shall be, "levied on real estate of .

. . . . ., in . . . . . .

county," noting the date, county, and defendants whose estate

is levied upon. When any money is paid, the amount and time

when paid shall be entered. When a judgment is appealed,

modified, discharged, or in any manner satisfied, the facts in

respect thereto shall be entered. The parties interested may

also assign or discharge such judgment on such execution

docket. When the judgment is fully satisfied in any way, the

clerk shall write the word "satisfied," in large letters across

the face of the record of such judgment in the execution

docket. [1987 c 442 § 1108; 1957 c 7 § 6; 1923 c 130 § 2;

Code 1881 § 310; 1877 p 63 § 314; 1869 p 76 § 312; 1854 p

174 § 237; RRS § 448.]

4.64.09 0

4.64.090 Abstract of judgment.

4.64.090 Abstract of judgment. The abstract of a judg-

ment shall contain (1) the name of the party, or parties, in

whose favor the judgment was rendered; (2) the name of the

party, or parties, against whom the judgment was rendered;

(3) the date of the rendition of the judgment; (4) the amount

for which the judgment was rendered, and in the following

manner, viz: Principal $.

. . .; interest $. . . .; costs $. . . .; total

. . . . [1987 c 442 § 1113; 1957 c 7 § 8. Prior: 1929 c 60 §

3, part; 1893 c 42 § 3; RRS § 451.]

4.64.100

4.64.100 Abstract of verdict—Cessation of lien, certificate.

4.64.100 Abstract of verdict—Cessation of lien, cer-

tificate. The clerk shall, on request and at the expense of the

party in whose favor the verdict is rendered, or the party's

attorney, prepare an abstract of such verdict in substantially

the same form as an abstract of a judgment and transmit such

abstract to the clerk of any court in any county in the state as

directed, and shall make a note on the execution docket of the

name of the county to which each of such abstracts is sent.

The clerk receiving such abstract shall, on payment of the

statutory fee, enter and index it in the execution docket in the

same manner as an abstract of judgment. The entry shall have

the same effect in such county as in the county where the ver

dict was rendered.

Whenever the verdict, or any judgment rendered

thereon, shall cease to be a lien in the county where rendered,

the clerk of the court shall on request of anyone, and the pay

ment of the cost and expense thereof, certify that the lien has

ceased, and transmit such certificate to the clerk of any court

to which an abstract was forwarded, and the clerk receiving

the certificate, on payment of the statutory fee, shall enter it

in the execution docket, and then the lien of such verdict or

judgment shall cease. Nothing in this section or RCW

4.64.020 shall be construed as authorizing the issuance of an

execution by a clerk in any other county than that in which

the judgment is rendered. [1987 c 442 § 1110; 1984 c 76 § 5;

1921 c 65 § 3; RRS § 431-2.]

Fees of

superior court clerks: RCW 36.18.020.

supreme and appellate court clerks: RCW 2.32.070.

4.64.110

4.64.110 Tran script of district court docket.

4.64.110 Transcript of district court docket. A tran-

script of the district court docket shall contain an exact copy

of the district court judgment from the docket. [1987 c 202 §

118; 1957 c 7 § 9. Prior: 1929 c 60 § 3, part; 1893 c 42 § 4;

RRS § 452.]

Intent—1987 c 202: See note following RCW 2.04.190.

4.64.120

4.64.120 Entry of abstract or transcript of judgme nt.

4.64.120 Entry of abstract or transcript of judgment.

It shall be the duty of the county clerk to enter in the execu

tion docket any duly certified transcript of a judgment of a

district court of this state and any duly certified abstract of

any judgment of any court mentioned in RCW 4.56.200, filed

in the county clerk's office, and to index the same in the same

manner as judgments originally rendered in the superior court

for the county of which he or she is clerk. Jurisdiction over

the judgment, including modification to or vacation of the

original judgment, transfers to the superior court. The supe

rior court may, in its discretion, remand the cause to district

court for determination of any motion to vacate or modify the

original judgment. [1997 c 358 § 2. Prior: 1987 c 442 § 1111;

1987 c 202 § 119; 1929 c 60 § 4; RRS § 453; prior: 1893 c 42

§ 5.]

Intent—1987 c 202: See note following RCW 2.04.190.

Chapter 4.68 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 62] (2016 Ed.)

Chapter 4.68

Chapter 4.68 RCW

4.68 PROCEDURE TO BIND JOINT DEBTOR

PROCEDURE TO BIND JOINT DEBTOR

Sections

4.68.010 Summons after judgment.

4.68.020 Contents of summons.

4.68.030 Affidavit must accompany summons.

4.68.040 Defenses.

4.68.050 Pleadings.

4.68.060 Trial.

4.68.01 0

4.68.010 Summons after judgment.

4.68.010 Summons after judgment. When a judgment

is recorded against one or more of several persons jointly

indebted upon an obligation by proceeding as provided by the

court by rule, such defendants who were not originally served

with the summons, and did not appear to the action, may be

summoned to show cause why they should not be bound by

the judgment, in the same manner as though they had been

originally served with the summons. [1984 c 76 § 6; Code

1881 § 314; 1877 p 64 § 318; RRS § 436.]

4.68.02 0

4.68.020 Contents of summons.

4.68.020 Contents of summons. The summons, as pro-

vided in RCW 4.68.010, must describe the judgment, and

require the person summoned to show cause why he or she

should not be bound by it, and must be served in the same

manner and returnable within the same time, as the original

summons. It is not necessary to file a new complaint. [2011

c 336 § 114; Code 1881 § 315; 1877 p 64 § 319; RRS § 437.]

4.68.03 0

4.68.030 Affidavit must accompany summons.

4.68.030 Affidavit must accompany summons. The

summons must be accompanied by an affidavit of the plain

tiff, his or her agent, representative, or attorney, that the judg-

ment, or some part thereof, remains unsatisfied, and must

specify the amount due thereon. [2011 c 336 § 115; Code

1881 § 316; 1877 p 65 § 320; RRS § 438.]

4.68.04 0

4.68.04 0 Defenses.

4.68.040 Defenses. Upon the service of such summons

and affidavit, the defendant may answer within the time spec

ified therein, denying the judgment, or setting up any defense

which may have arisen subsequently to the taking of the judg

ment, or he or she may deny his or her liability on the obliga-

tion upon which the judgment was rendered, except a dis-

charge from such liability by the statute of limitations. [2011

c 336 § 116; Code 1881 § 317; 1877 p 65 § 321; RRS § 439.]

4.68.05 0

4.68.05 0 Pleadings.

4.68.050 Pleadings. If the defendant in his or her

answer, deny the judgment, or set up any defense which may

have arisen subsequently, the summons, with the affidavit

annexed, and the answer, constitute the written allegations in

the case; if he or she deny his or her liability on the obligation

upon which the judgment was rendered, a copy of the original

complaint and judgment, the summons with the affidavit

annexed, and the answer constitute such written allegations.

[2011 c 336 § 117; Code 1881 § 318; 1877 p 65 § 322; RRS

§ 440.]

4.68.06 0

4.68.06 0 Trial.

4.68.060 Trial. The issue formed may be tried as in

other cases, but when the defendant denies in his or her

answer any liability on the obligation upon which the judg

ment was rendered, if a verdict be found against him or her, it

must not exceed the amount remaining unsatisfied on such

original judgment, with interest thereon. [2011 c 336 § 118;

Code 1881 § 319; 1877 p 65 § 323; RRS § 441.]

Chapter 4.72

Chapter 4.72 RCW

4.72 VACATION AND MODIFICATION OF JUDGMENTS

VACATION AND MODIFICATION OF JUDGMENTS

Sections

4.72.010 Causes for enumerated.

4.72.020 Motion to vacate—Time limitation.

4.72.030 Petition to vacate for certain causes—Time limitation.

4.72.050 Conditions precedent to vacation.

4.72.060 Grounds for vacation may first be tried.

4.72.070 Injunction to suspend proceedings.

4.72.080 Construction of chapter—Time limitations when fraud, mis-

representation concerned.

4.72.090 Judgment upon denial of application.

4.72.010

4.72.010 Causes for enumerated.

4.72.010 Causes for enumerated. The superior court

in which a judgment or final order has been rendered, or

made, shall have power to vacate or modify such judgment or

order:

(1) By granting a new trial for the cause, within the time

and in the manner, and for any of the causes prescribed by the

rules of court relating to new trials.

(2) By a new trial granted in proceedings against defen-

dant served by publication only as prescribed in RCW

4.28.200.

(3) For mistakes, neglect or omission of the clerk, or

irregularity in obtaining a judgment or order.

(4) For fraud practiced by the successful party in obtain-

ing the judgment or order.

(5) For erroneous proceedings against a minor or person

of unsound mind, when the condition of such defendant does

not appear in the record, nor the error in the proceedings.

(6) For the death of one of the parties before the judg-

ment in the action.

(7) For unavoidable casualty, or misfortune preventing

the party from prosecuting or defending.

(8) For error in a judgment shown by a minor, within

twelve months after arriving at full age. [1957 c 9 § 4; Code

1881 § 436; 1877 p 96 § 438; 1875 p 20 § 1; RRS § 464.]

Rules of court: Cf. CR 52(d), CR 60(b).

Judgment to recover realty, vacation: RCW 7.28.260.

4.72.020

4.72.020 Motion to vacate—Time limitation.

4.72.020 Motion to vacate—Time limitation. The

proceedings to vacate or modify a judgment or order for mis

takes or omissions of the clerk, or irregularity in obtaining the

judgment or order, shall be by motion served on the adverse

party or on his or her attorney in the action, and within one

year. [2011 c 336 § 119; 1891 c 27 § 1; Code 1881 § 438;

1877 p 97 § 440; 1875 p 21 § 3; RRS § 466.]

Rules of court: Cf. CR 60(b).

4.72.030

4.72.030 Petition to vacate for certain causes—Time limitation.

4.72.030 Petition to vacate for certain causes—Time

limitation. RCW 4.72.010 (2), (3), (4), (5), (6), and (7) shall

be by petition verified by affidavit, setting forth the judgment

or order, the facts or errors constituting a cause to vacate or

modify it, and if the party is a defendant, the facts constitut

ing a defense to the action; and such proceedings must be

commenced within one year after the judgment or order was

made, unless the party entitled thereto be a minor or person of

unsound mind, and then within one year from the removal of

such disability. [1891 c 27 § 2; Code 1881 § 439; 1877 p 97

§ 441; 1875 p 21 § 4; RRS § 467.]

Rules of court: Cf. CR 60(b).

New Trials Chapter 4.80

(2016 Ed.) [Title 4 RCW—page 63]

4.72.05 0

4.72.050 Conditions precedent to vacation.

4.72.050 Conditions precedent to vacation. The judg-

ment shall not be vacated on motion or petition until it is

adjudged that there is a valid defense to the action in which

the judgment is rendered; or, if the plaintiff seeks its vacation,

that there is a valid cause of action; and when judgment is

modified, all liens and securities obtained under it shall be

preserved to the modified judgment. [Code 1881 § 441; 1877

p 97 § 443; 1875 p 22 § 6; RRS § 469.]

4.72.06 0

4.72.060 Grounds for vacation may first be tried.

The court may first try and decide upon the grounds to vacate

or modify a judgment or order, before trying or deciding

upon the validity of the defense or cause of action. [Code

1881 § 442; 1877 p 97 § 440; 1875 p 22 § 7; RRS § 470.]

4.72.07 0

4.72.070 Injunction to suspend proceedings.

4.72.070 Injunction to suspend proceedings. The

party seeking to vacate or modify a judgment or order may

obtain an injunction suspending proceedings on the whole or

part thereof, which injunction may be granted by the court or

the judge upon its being rendered probable, by affidavit or

petition sworn to, or by exhibition of the record, that the party

is entitled to have such judgment or order vacated or modi

fied. [Code 1881 § 443; 1877 p 97 § 445; 1875 p 22 § 8; RRS

§ 471.]

Rules of court: Cf. CR 62.

4.72.08 0

4.72.080 Construction of chapter—Time limitations when fraud, misrepresentation concerned.

4.72.080 Construction of chapter—Time limitations

when fraud, misrepresentation concerned. The provisions

of this chapter shall not be so construed as to affect the power

of the court to vacate or modify judgments or orders as else

where in this code provided; nor shall the time limitations set

forth in this chapter within which proceedings to vacate or

modify a judgment must be started apply to a judgment here

tofore or hereafter entered by consent or stipulation where the

grounds to vacate or modify such judgment are based on

fraud or misrepresentation, or when after the entry of the

judgment either party fails to fulfill the terms and conditions

on which the consent judgment or stipulation was entered;

nor shall any judgment of acquittal in a criminal action be

vacated under the provisions of this chapter. [1961 c 88 § 1;

1891 c 27 § 4; RRS § 472.]

Reviser's note: The words "this code" appeared in 1891 c 27 § 4.

4.72.09 0

4.72.090 Judgment upon denial of application.

4.72.090 Judgment upon denial of application. In all

cases in which an application under this chapter to vacate or

modify a judgment or order for the recovery of money is

denied, if proceedings on the judgment or order shall have

been suspended, judgment shall be rendered against the

plaintiff [applicant] for the amount of the former judgment or

order, interest and costs, together with damages at the discre

tion of the court, not exceeding ten percent on the amount of

the judgment or order. [1891 c 27 § 5; Code 1881 § 444;

1877 p 97 § 446; 1875 p 22 § 9; RRS § 473.]

Chapter 4.76

Chapter 4.76 RCW

4.76 NE W TRIALS

NEW TRIALS

Sections

4.76.010 New trial defined.

4.76.030 Increase or reduction of verdict as alternative to new trial.

4.76.070 Newly discovered evidence, requirements as to.

4.76.080 Petition for new trial when discovery of grounds delayed.

4.76.010

4.76.010 Ne w trial defined.

4.76.010 New trial defined. A new trial is a reexamina-

tion of an issue in the same court after a trial and decision by

a jury, court or referees. [Code 1881 § 275; 1877 p 56 § 279;

1869 p 67 § 277; 1854 p 170 § 215; RRS § 398.]

4.76.030

4.76.030 Increase or reduction of verdict as alternative to new trial.

4.76.030 Increase or reduction of verdict as alterna-

tive to new trial. If the trial court shall, upon a motion for

new trial, find the damages awarded by a jury to be so exces

sive or inadequate as unmistakably to indicate that the

amount thereof must have been the result of passion or preju

dice, the trial court may order a new trial or may enter an

order providing for a new trial unless the party adversely

affected shall consent to a reduction or increase of such ver

dict, and if such party shall file such consent and the opposite

party shall thereafter appeal from the judgment entered, the

party who shall have filed such consent shall not be bound

thereby, but upon such appeal the court of appeals or the

supreme court shall, without the necessity of a formal cross-

appeal, review de novo the action of the trial court in requir

ing such reduction or increase, and there shall be a presump-

tion that the amount of damages awarded by the verdict of the

jury was correct and such amount shall prevail, unless the

court of appeals or the supreme court shall find from the

record that the damages awarded in such verdict by the jury

were so excessive or so inadequate as unmistakably to indi

cate that the amount of the verdict must have been the result

of passion or prejudice. [1971 c 81 § 19; 1933 c 138 § 2; RRS

§ 399-1.]

Additional notes found at www.leg.wa.gov

4.76.070

4.76.070 Newly discovered evidence, requirements as to.

4.76.070 Newly discovered evidence, requirements as

to. If the motion be supported by affidavits and the cause be

newly discovered evidence, the affidavits of any witness or

witnesses, showing what their testimony will be, shall be pro

duced or good reasons shown for their nonproduction. [1891

c 59 § 2; Code 1881 § 282; 1877 p 57 § 286; 1869 p 68 § 284;

1854 p 170 § 219; RRS § 403.]

4.76.080

4.76.080 Petition for new trial when discovery of grounds delayed.

4.76.080 Petition for new trial when discovery of

grounds delayed. When the grounds for a new trial could

not with reasonable diligence have been discovered before,

but are discovered after the time when the verdict, report of

referee, or decision was rendered or made, the application

may be made by petition filed as in other cases, not later than

after the discovery, on which notice shall be served and

returned, and the defendant held to appear as in an original

action. The facts stated in the petition shall be considered as

denied without answer. The case shall be tried as other cases

by ordinary proceedings, but no motion shall be filed more

than one year after the final judgment was rendered. [1955 c

44 § 1; Code 1881 § 437; 1875 p 21 § 2; RRS § 465.]

Chapter 4.80

Chapter 4.80 RCW

4.80 EXCEPTIONS

EXCEPTIONS

Sections

4.80.010 Exception defined.

4.80.020 When to be taken.

4.80.030 Requisites—Entry in minutes.

4.80.040 Manner of taking and entry.

4.80.140 Application of chapter.

Rules of court: Cf. CR 46.

4.80.010 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 64] (2016 Ed.)

4.80.01 0

4.80.010 Exception defined.

4.80.010 Exception defined. An exception is a claim of

error in a ruling or decision of a court, judge or other tribunal,

or officer exercising judicial functions, made in the course of

an action or proceeding or after judgment therein. [1893 c 60

§ 1; RRS § 381.]

Rules of court: Cf. CR 46.

Additional notes found at www.leg.wa.gov

4.80.02 0

4.80.02 0 When to b e taken.

4.80.020 When to be taken. It shall not be necessary or

proper to take or enter an exception to any ruling or decision

mentioned in RCW 4.80.010, which is embodied in a written

judgment, order or journal entry in the cause. But this section

shall not apply to the report of a referee or commissioner, or

to findings of fact or conclusions of law in a report or deci

sion of a referee or commissioner, or in a decision of a court

or judge upon a cause or part of a cause, either legal or equi

table, tried without a jury. [1893 c 60 § 2; RRS § 382.]

Rules of court: Cf. CR 46.

4.80.03 0

4.80.030 Requisites—Entry in minutes.

4.80.030 Requisites—Entry in minutes. Exceptions to

any ruling upon an objection to the admission of evidence,

offered in the course of a trial or hearing, need not be for

mally taken, but the question put or other offer of evidence,

together with the objection thereto and the ruling thereon,

shall be entered by the court, judge, referee or commissioner

(or by the stenographer, if one is in attendance) in the minutes

of the trial or hearing, and such entry shall import an excep

tion by the party against whom the ruling was made. [1893 c

60 § 5; RRS § 385.]

Rules of court: Cf. CR 46.

4.80.04 0

4.80.040 Manner of taking and entry.

4.80.040 Manner of taking and entry. Exceptions to

any ruling or decision made in the course of a trial or hearing,

or in the progress of a cause, except those to which it is pro

vided in this chapter that no exception need be taken and

those to which some other mode of exception is in this chap

ter prescribed, may be taken by any party by stating to the

court, judge, referee or commissioner making the ruling or

decision, when the same is made, that such party excepts to

the same; whereupon such court, judge, referee or commis

sioner shall note the exception in the minutes of the trial,

hearing or cause, or shall cause the stenographer (if one is in

attendance) so to note the same. [1893 c 60 § 6; RRS § 386.]

Rules of court: Cf. CR 46.

4.80.14 0

4.80.14 0 Applicati on of chapter .

4.80.140 Application of chapter. This chapter shall

apply to and govern all civil actions and proceedings, both

legal and equitable, and all criminal causes, in the superior

courts, but shall not apply to district courts or other courts of

limited jurisdiction from which an appeal does not lie directly

to the supreme court or court of appeals. [1987 c 202 § 120;

1971 c 81 § 21; 1893 c 60 § 17; RRS § 397, part.]

Intent—1987 c 202: See note following RCW 2.04.190.

Chapter 4.84

Chapter 4.84 RCW

4.84 CO STS

COSTS

Sections

4.84.010 Costs allowed to prevailing party—Defined—Compensation

of attorneys.

4.84.015 Costs in civil actions for the recovery of money only—When

plaintiff considered the prevailing party.

4.84.020 Amount of contracted attorneys' fee to be fixed by court.

4.84.030 Prevailing party to recover costs.

4.84.040 Limitation on costs in certain actions.

4.84.050 Limited to one of several actions.

4.84.060 Costs to defendant.

4.84.070 Costs to defendants defending separately.

4.84.080 Schedule of attorneys' fees.

4.84.090 Cost bill—Witnesses to report attendance.

4.84.100 Costs on postponement of trial.

4.84.110 Costs where tender is made.

4.84.120 Costs where deposit in court is made and rejected.

4.84.130 Costs in appeals from district courts.

4.84.140 Costs against guardian of infant plaintiff.

4.84.150 Costs against fiduciaries.

4.84.160 Costs against assignee.

4.84.170 Costs against state or county.

4.84.185 Prevailing party to receive expenses for opposing frivolous

action or defense.

4.84.190 Costs in proceedings not specifically covered.

4.84.200 Retaxation of costs.

4.84.210 Security for costs.

4.84.220 Bond in lieu of separate security.

4.84.230 Dismissal for failure to give security.

4.84.240 Judgment on cost bond.

4.84.250 Attorneys' fees as costs in damage actions of ten thousand dol-

lars or less—Allowed to prevailing party.

4.84.260 Attorneys' fees as costs in damage actions of ten thousand dol-

lars or less—When plaintiff deemed prevailing party.

4.84.270 Attorneys' fees as costs in damage actions of ten thousand dol-

lars or less—When defendant deemed prevailing party.

4.84.280 Attorneys' fees as costs in damage actions of ten thousand dol-

lars or less—Offers of settlement in determining.

4.84.290 Attorneys' fees as costs in damage actions of ten thousand dol-

lars or less—Prevailing party on appeal.

4.84.300 Attorneys' fees as costs in damage actions of ten thousand dol-

lars or less—Application.

4.84.320 Attorneys' fees in actions for injuries resulting from the ren-

dering of medical and other health care.

4.84.330 Actions on contract or lease which provides that attorneys' fees

and costs incurred to enforce provisions be awarded to one of

parties—Prevailing party entitled to attorneys' fees—Waiver

prohibited.

4.84.340 Judicial review of agency action—Definitions.

4.84.350 Judicial review of agency action—Award of fees and

expenses.

4.84.360 Judicial review of agency action—Payment of fees and

expenses—Report to office of financial management.

4.84.370 Appeal of land use decisions—Fees and costs.

Deposit of jury fee taxable as costs: RCW 4.44.110.

4.84.010

4.84.010 Costs allowed to prevailing party—Defined—Compensation of attorneys.

4.84.010 Costs allowed to prevailing party—

Defined—Compensation of attorneys. The measure and

mode of compensation of attorneys and counselors, shall be

left to the agreement, expressed or implied, of the parties, but

there shall be allowed to the prevailing party upon the judg

ment certain sums for the prevailing party's expenses in the

action, which allowances are termed costs, including, in addi

tion to costs otherwise authorized by law, the following

expenses:

(1) Filing fees;

(2) Fees for the service of process by a public officer,

registered process server, or other means, as follows:

(a) When service is by a public officer, the recoverable

cost is the fee authorized by law at the time of service.

(b) If service is by a process server registered pursuant to

chapter 18.180 RCW or a person exempt from registration,

the recoverable cost is the amount actually charged and

incurred in effecting service;

(3) Fees for service by publication;

(4) Notary fees, but only to the extent the fees are for ser-

vices that are expressly required by law and only to the extent

they represent actual costs incurred by the prevailing party;

Costs 4.84.090

(2016 Ed.) [Title 4 RCW—page 65]

(5) Reasonable expenses, exclusive of attorneys' fees,

incurred in obtaining reports and records, which are admitted

into evidence at trial or in mandatory arbitration in superior

or district court, including but not limited to medical records,

tax records, personnel records, insurance reports, employ

ment and wage records, police reports, school records, bank

records, and legal files;

(6) Statutory attorney and witness fees; and

(7) To the extent that the court or arbitrator finds that it

was necessary to achieve the successful result, the reasonable

expense of the transcription of depositions used at trial or at

the mandatory arbitration hearing: PROVIDED, That the

expenses of depositions shall be allowed on a pro rata basis

for those portions of the depositions introduced into evidence

or used for purposes of impeachment. [2009 c 240 § 1; 2007

c 121 § 1; 1993 c 48 § 1; 1984 c 258 § 92; 1983 1st ex.s. c 45

§ 7; Code 1881 § 505; 1877 p 108 § 509; 1869 p 123 § 459;

1854 p 201 § 367; RRS § 474.]

Attorney fee in appeals from board of industrial insurance appeals: RCW

51.52.130, 51.52.132.

Process server fees: RCW 18.180.035.

Additional notes found at www.leg.wa.gov

4.84.01 5

4.84.015 Costs in civil actions for the recovery of money only—When pla intiff considered the prev ailing party.

4.84.015 Costs in civil actions for the recovery of

money only—When plaintiff considered the prevailing

party. (1) In any civil action for the recovery of money only,

the plaintiff will be considered the prevailing party for the

purpose of awarding costs, including a statutory attorney fee,

if: (a) The defendant makes full or partial payment of the

amounts sought by the plaintiff prior to the entry of judg

ment; and (b) before such payment is tendered, the plaintiff

has notified the defendant in writing that the full or partial

payment of the amounts sued for might result in an award of

costs.

(2) For the purposes of this section, "plaintiff" includes a

counterclaimant, cross-claimant, and third-party plaintiff,

and "defendant" includes a party defending a counterclaim,

cross-claim, or third-party claim.

(3) A party may demand, offer, or accept the payment of

statutory costs before the entry of judgment in an action.

(4) This section may not be construed to (a) authorize an

award of costs if the action is resolved by a negotiated settle

ment or (b) limit or bar the operation of cost-shifting provi-

sions of other statutes or court rules. [2009 c 240 § 2.]

4.84.02 0

4.84.02 0 Amount of contracted a ttorneys' f ee to be fix ed by court.

4.84.020 Amount of contracted attorneys' fee to be

fixed by court. In all cases of foreclosure of mortgages and

in all other cases in which attorneys' fees are allowed, the

amount thereof shall be fixed by the court at such sum as the

court shall deem reasonable, any stipulations in the note,

mortgage or other instrument to the contrary notwithstand

ing; but in no case shall said fee be fixed above contract price

stated in said note or contract. [1895 c 48 § 1; 1891 c 44 § 1;

1888 p 9 § 1; 1885 p 176 § 1; RRS § 475.]

4.84.03 0

4.84.030 Prevailing party to recover costs.

4.84.030 Prevailing party to recover costs. In any

action in the superior court of Washington the prevailing

party shall be entitled to his or her costs and disbursements;

but the plaintiff shall in no case be entitled to costs taxed as

attorneys' fees in actions within the jurisdiction of the district

court when commenced in the superior court. [1987 c 202 §

121; 1890 p 337 § 1; 1883 p 42 § 1; Code 1881 §§ 506, 507;

1854 p 201 §§ 368, 369; RRS § 476.]

Intent—1987 c 202: See note following RCW 2.04.190.

4.84.040

4.84.040 Limitation on costs in certain actions.

4.84.040 Limitation on costs in certain actions. In an

action for an assault and battery, or for false imprisonment,

libel, slander, malicious prosecution, criminal conversation

or seduction, if the plaintiff recover less than ten dollars, he

or she shall be entitled to no more costs or disbursements than

the damage recovered. [2011 c 336 § 120; Code 1881 § 508;

1877 p 108 § 512; 1869 p 123 § 460; 1854 p 202 § 370; RRS

§ 477.]

4.84.050

4.84.050 Limited to one of several actions.

4.84.050 Limited to one of several actions. When sev-

eral actions are brought on one bond, undertaking, promis-

sory note, bill of exchange, or other instrument in writing, or

in any other case for the same cause of action against several

parties, who might have been joined as defendants in the

same action, no costs or disbursements shall be allowed to the

plaintiff in more than one of such actions, which may be at

his or her election, if the parties proceeded against in the

other actions were, at the commencement of the previous

action, openly within this state. [2011 c 336 § 121; Code

1881 § 509; 1877 p 108 § 513; 1869 p 123 § 461; 1854 p 202

§ 371; RRS § 478.]

4.84.060

4.84.060 Costs to defendant.

4.84.060 Costs to defendant. In all cases where costs

and disbursements are not allowed to the plaintiff, the defen

dant shall be entitled to have judgment in his or her favor for

the same. [2011 c 336 § 122; Code 1881 § 510; 1877 p 109 §

514; 1869 p 123 § 462; 1854 p 202 § 372; RRS § 479.]

4.84.070

4.84.070 Costs to defendants defending separately.

In all actions where there are several defendants not united in

interest, and making separate defenses by separate answers,

and the plaintiff fails to recover judgment against all, the

court may award costs to such defendants as recover judg

ments in their favor, or either of them. [Code 1881 § 511;

1877 p 109 § 515; 1869 p 124 § 463; 1854 p 202 § 373; RRS

§ 480.]

4.84.080

4.84.080 Schedule of attorneys' fees.

4.84.080 Schedule of attorneys' fees. When allowed to

either party, costs to be called the attorney fee, shall be as fol

lows:

(1) In all actions where judgment is rendered, two hun-

dred dollars.

(2) In all actions where judgment is rendered in the

supreme court or the court of appeals, after argument, two

hundred dollars. [2004 c 123 § 1; 1985 c 240 § 1; 1981 c 331

§ 3; 1975-'76 2nd ex.s. c 30 § 2; Code 1881 § 512; 1877 p 108

§ 516; 1869 p 124 § 464; 1854 p 202 § 374; RRS § 481.]

Court Congestion Reduction Act of 1981—Purpose—Severabil-

ity—1981 c 331: See notes following RCW 2.32.070.

Costs: RCW 4.84.190.

Transmission of record on change of venue—Costs, attorney's fees: RCW

4.12.090.

4.84.090

4.84.090 Cost b ill—Witnesses to report at tendance.

4.84.090 Cost bill—Witnesses to report attendance.

The prevailing party, in addition to allowance for costs, as

provided in RCW 4.84.080, shall also be allowed for all nec

essary disbursements, including the fees of officers allowed

4.84.100 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 66] (2016 Ed.)

by law, the fees of witnesses, the necessary expenses of tak-

ing depositions, by commission or otherwise, and the com-

pensation of referees. The court shall allow the prevailing

party all service of process charges in case such process was

served by a person or persons not an officer or officers. Such

service charge shall be the same as is now allowed or shall in

the future be allowed as fee and mileage to an officer. The

disbursements shall be stated in detail and verified by affida

vit, and shall be served on the opposite party or his or her

attorney, and filed with the clerk of the court, within ten days

after the judgment: PROVIDED, The clerk of the court shall

keep a record of all witnesses in attendance upon any civil

action, for whom fees are to be claimed, with the number of

days in attendance and their mileage, and no fees or mileage

for any witness shall be taxed in the cost bill unless they shall

have reported their attendance at the close of each day's ses

sion to the clerk in attendance at such trial. [2011 c 336 §

123; 1949 c 146 § 1; 1905 c 16 § 1; Code 1881 § 513; 1877 p

109 § 517; 1869 p 124 § 465; 1854 p 202 § 375; Rem. Supp.

1949 § 482.]

Witness fees and mileage: Chapter 2.40 RCW.

4.84.10 0

4.84.10 0 Costs on po stponement o f trial.

4.84.100 Costs on postponement of trial. When an

application shall be made to a court or referees to postpone a

trial, the payment to the adverse party of a sum not exceeding

ten dollars, besides the fees of witnesses, may be imposed as

the condition of granting the postponement. [Code 1881 §

515; 1877 p 109 § 519; 1854 p 203 § 377; RRS § 484.]

4.84.11 0

4.84.110 Co sts where tender is made.

4.84.110 Costs where tender is made. When in an

action for the recovery of money, the defendant alleges in his

or her answer, that, before the commencement of the action,

he or she tendered to the plaintiff the full amount to which he

or she is entitled, in such money as by agreement ought to be

tendered, and thereupon brings into court, for the plaintiff,

the amount tendered, and the allegation be found true, the

plaintiff shall not recover costs, but shall pay them to the

defendant. [2011 c 336 § 124; Code 1881 § 516; 1877 p 109

§ 520; 1854 p 203 § 378; RRS § 485.]

4.84.12 0

4.84.120 Costs where deposit in court is made and rejected.

4.84.120 Costs where deposit in court is made and

rejected. If the defendant in any action pending, shall at any

time deposit with the clerk of the court, for the plaintiff, the

amount which he or she admits to be due, together with all

costs that have accrued, and notify the plaintiff thereof, and

such plaintiff shall refuse to accept the same in discharge of

the action, and shall not afterwards recover a larger amount

than that deposited with the clerk, exclusive of interest and

cost, he or she shall pay all costs that may accrue from the

time such money was so deposited. [2011 c 336 § 125; Code

1881 § 517; 1877 p 110 § 521; 1854 p 203 § 379; RRS § 486.]

Conflicting claims, deposit in court, costs: RCW 4.08.170.

4.84.13 0

4.84.130 Costs in appeals from district courts.

4.84.130 Costs in appeals from district courts. In all

civil actions tried before the district court, in which an appeal

shall be taken to the superior court, and the party appellant

shall not recover a more favorable judgment in the superior

court than before the district court, such appellant shall pay

all costs. [1987 c 202 § 122; Code 1881 § 518; 1877 p 110 §

522; 1854 p 203 § 380; RRS § 487.]

Intent—1987 c 202: See note following RCW 2.04.190.

District court appeals: Chapter 12.36 RCW.

4.84.140

4.84.140 Costs against guardian of infant plaintiff.

When costs are adjudged against an infant plaintiff, the

guardian or person by whom he or she appeared in the action

shall be responsible therefor, and payment may be enforced

by execution. [2011 c 336 § 126; Code 1881 § 519; 1877 p

110 § 523; 1854 p 203 § 381; RRS § 488.]

4.84.150

4.84.150 Costs against fiduciaries.

4.84.150 Costs against fiduciaries. In an action prose-

cuted or defended by an executor, administrator, trustee of an

express trust, or a person expressly authorized by statute,

costs shall be recovered as in an action by or against a person

prosecuting in his or her own right, but such costs shall be

chargeable only upon or collected of the estate of the party

represented, unless the court shall direct the same to be paid

by the plaintiff or defendant personally, for mismanagement

or bad faith in such action or defense. [2011 c 336 § 127;

Code 1881 § 520; 1877 p 110 § 524; 1854 p 203 § 382; RRS

§ 489.]

Actions by and against personal representatives, etc.: Chapter 11.48 RCW.

4.84.160

4.84.160 Costs against assignee.

4.84.160 Costs against assignee. When the cause of

action, after the commencement of the action, by assignment,

or in any other manner, becomes the property of a person not

a party thereto, and the prosecution or defense is thereafter

continued, such person shall be liable for the costs in the

same manner as if he or she were a party, and payment

thereof may be enforced by execution. [2011 c 336 § 128;

Code 1881 § 521; 1877 p 110 § 525; 1869 p 125 § 473; 1854

p 203 § 383; RRS § 490.]

4.84.170

4.84.170 Costs against state or county.

4.84.170 Costs against state or county. In all actions

prosecuted in the name and for the use of the state, or in the

name and for the use of any county, and in any action brought

against the state or any county, and on all appeals to the

supreme court or the court of appeals of the state in all actions

brought by or against either the state or any county, the state

or county shall be liable for costs in the same case and to the

same extent as private parties. [1971 c 81 § 22; 1959 c 62 §

1; Code 1881 § 522; 1877 p 110 § 526; 1854 p 203 § 384;

RRS § 491.]

4.84.185

4.84.185 Prevailing party to receive expenses for opposing frivolous action or defense.

4.84.185 Prevailing party to receive expenses for

opposing frivolous action or defense. In any civil action,

the court having jurisdiction may, upon written findings by

the judge that the action, counterclaim, cross-claim, third

party claim, or defense was frivolous and advanced without

reasonable cause, require the nonprevailing party to pay the

prevailing party the reasonable expenses, including fees of

attorneys, incurred in opposing such action, counterclaim,

cross-claim, third party claim, or defense. This determination

shall be made upon motion by the prevailing party after a vol

untary or involuntary order of dismissal, order on summary

judgment, final judgment after trial, or other final order ter

minating the action as to the prevailing party. The judge shall

consider all evidence presented at the time of the motion to

determine whether the position of the nonprevailing party

was frivolous and advanced without reasonable cause. In no

event may such motion be filed more than thirty days after

entry of the order.

Costs 4.84.280

(2016 Ed.) [Title 4 RCW—page 67]

The provisions of this section apply unless otherwise

specifically provided by statute. [1991 c 70 § 1; 1987 c 212

§ 201; 1983 c 127 § 1.]

Administrative law, frivolous petitions for judicial review: RCW 34.05.598.

4.84.19 0

4.84.190 Costs in proceedings not specifically covered.

4.84.190 Costs in proceedings not specifically cov-

ered. In all actions and proceedings other than those men-

tioned in this chapter [and RCW 4.48.100], where no provi-

sion is made for the recovery of costs, they may be allowed or

not, and if allowed may be apportioned between the parties,

in the discretion of the court. [Code 1881 § 525; 1877 p 111

§ 529; 1854 p 204 § 387; RRS § 493.]

Costs: RCW 4.84.080.

4.84.20 0

4.84.200 Retaxation of costs.

4.84.200 Retaxation of costs. Any party aggrieved by

the taxation of costs by the clerk of the court may, upon appli

cation, have the same retaxed by the court in which the action

or proceeding is had. [Code 1881 § 526; 1877 p 111 § 530;

1854 p 204 § 388; RRS § 494.]

4.84.21 0

4.84.210 Security for costs.

4.84.210 Security for costs. When a plaintiff in an

action, or in a garnishment or other proceeding, resides out of

the county, or is a foreign corporation, or begins such action

or proceeding as the assignee of some other person or of a

firm or corporation, as to all causes of action sued upon, secu

rity for the costs and charges which may be awarded against

such plaintiff may be required by the defendant or garnishee

defendant. When required, all proceedings in the action or

proceeding shall be stayed until a bond, executed by two or

more persons, or by a surety company authorized to do busi

ness in this state be filed with the clerk, conditioned that they

will pay such costs and charges as may be awarded against

the plaintiff by judgment, or in the progress of the action or

proceeding, not exceeding the sum of two hundred dollars. A

new or additional bond may be ordered by the court or judge,

upon proof that the original bond is insufficient security, and

proceedings in the action or proceeding stayed until such new

or additional bond be executed and filed. The plaintiff may

deposit with the clerk the sum of two hundred dollars in lieu

of a bond. [1929 c 103 § 1; Code 1881 § 527; 1877 p 111 §

531; 1854 p 204 § 389; RRS § 495.]

4.84.22 0

4.84.220 Bond in lieu of separate security.

4.84.220 Bond in lieu of separate security. In lieu of

separate security for each action or proceeding in any court,

the plaintiff may cause to be executed and filed in the court a

bond in the penal sum of two hundred dollars running to the

state of Washington, with surety as in case of a separate bond,

and conditioned for the payment of all judgments for costs

which may thereafter be rendered against him or her in that

court. Any defendant or garnishee who shall thereafter

recover a judgment for costs in said court against the princi

pal on such bond shall likewise be entitled to judgment

against the sureties. Such bond shall not be sufficient unless

the penalty thereof is unimpaired by any outstanding obliga

tion at the time of the commencement of the action. [2011 c

336 § 129; 1929 c 103 § 2; RRS § 495-1.]

4.84.23 0

4.84.230 Dismissal for failure to give security.

4.84.230 Dismissal for failure to give security. After

the lapse of ninety days from the service of notice that secu

rity is required or of an order for new or additional security,

upon proof thereof, and that no undertaking as required has

been filed, the court or judge may order the action to be dis

missed. [1933 c 14 § 1; RRS § 495-2.]

4.84.240

4.84.240 Judgment on cost bond.

4.84.240 Judgment on cost bond. Whenever any bond

or undertaking for the payment of any costs to any party shall

be filed in any action or other legal proceeding in any court in

this state and judgment should be rendered for any such costs

against the principal on any such bonds or against the party

primarily liable therefor in whose behalf any such bond or

undertaking has been filed, such judgment for costs shall be

rendered against the principal on such bond or the party pri

marily liable therefor and at the same time also against his or

her surety or sureties on any or all such bonds or undertakings

filed in any such action or other legal proceeding. [2011 c

336 § 130; 1909 c 173 § 1; RRS § 496.]

4.84.250

4.84.250 Attor neys' fees as costs in d amag e actions of ten thousand dollars or less—Allowed to prevailing party.

4.84.250 Attorneys' fees as costs in damage actions of

ten thousand dollars or less—Allowed to prevailing party.

Notwithstanding any other provisions of chapter 4.84 RCW

and RCW 12.20.060, in any action for damages where the

amount pleaded by the prevailing party as hereinafter

defined, exclusive of costs, is seven thousand five hundred

dollars or less, there shall be taxed and allowed to the prevail

ing party as a part of the costs of the action a reasonable

amount to be fixed by the court as attorneys' fees. After July

1, 1985, the maximum amount of the pleading under this sec

tion shall be ten thousand dollars. [1984 c 258 § 88; 1980 c

94 § 1; 1973 c 84 § 1.]

Additional notes found at www.leg.wa.gov

4.84.260

4.84.260 Attor neys' fees as costs in d amag e actions of ten thousand dollars or l ess—Whe n plaintiff dee med prevailin g party.

4.84.260 Attorneys' fees as costs in damage actions of

ten thousand dollars or less—When plaintiff deemed pre

vailing party. The plaintiff, or party seeking relief, shall be

deemed the prevailing party within the meaning of RCW

4.84.250 when the recovery, exclusive of costs, is as much as

or more than the amount offered in settlement by the plaintiff,

or party seeking relief, as set forth in RCW 4.84.280. [1973

c 84 § 2.]

4.84.270

4.84.270 Attor neys' fees as costs in d amag e actions of ten thousand dollars or less—When defendant deemed prevailing party.

4.84.270 Attorneys' fees as costs in damage actions of

ten thousand dollars or less—When defendant deemed

prevailing party. The defendant, or party resisting relief,

shall be deemed the prevailing party within the meaning of

RCW 4.84.250, if the plaintiff, or party seeking relief in an

action for damages where the amount pleaded, exclusive of

costs, is equal to or less than the maximum allowed under

RCW 4.84.250, recovers nothing, or if the recovery, exclu

sive of costs, is the same or less than the amount offered in

settlement by the defendant, or the party resisting relief, as set

forth in RCW 4.84.280. [1980 c 94 § 2; 1973 c 84 § 3.]

Additional notes found at www.leg.wa.gov

4.84.280

4.84.280 Attor neys' fees as costs in d amag e actions of ten thousand dollars or less—Offe rs of settlement in determining.

4.84.280 Attorneys' fees as costs in damage actions of

ten thousand dollars or less—Offers of settlement in

determining. Offers of settlement shall be served on the

adverse party in the manner prescribed by applicable court

rules at least ten days prior to trial. Offers of settlement shall

not be served until thirty days after the completion of the ser

vice and filing of the summons and complaint. Offers of set-

tlement shall not be filed or communicated to the trier of the

fact until after judgment, at which time a copy of said offer of

4.84.290 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 68] (2016 Ed.)

settlement shall be filed for the purposes of determining

attorneys' fees as set forth in RCW 4.84.250. [1983 c 282 §

1; 1980 c 94 § 3; 1973 c 84 § 4.]

Additional notes found at www.leg.wa.gov

4.84.29 0

4.84.290 Atto rneys' fees as costs in damage actions of ten tho usand dollars or less—Prev ailing party on appeal.

4.84.290 Attorneys' fees as costs in damage actions of

ten thousand dollars or less—Prevailing party on appeal.

If the case is appealed, the prevailing party on appeal shall be

considered the prevailing party for the purpose of applying

the provisions of RCW 4.84.250: PROVIDED, That if, on

appeal, a retrial is ordered, the court ordering the retrial shall

designate the prevailing party, if any, for the purpose of

applying the provisions of RCW 4.84.250.

In addition, if the prevailing party on appeal would be

entitled to attorneys' fees under the provisions of RCW

4.84.250, the court deciding the appeal shall allow to the pre

vailing party such additional amount as the court shall

adjudge reasonable as attorneys' fees for the appeal. [1973 c

84 § 5.]

4.84.30 0

4.84.300 Atto rneys' fees as costs in damage actions of ten tho usand dollars or less—A pplication.

4.84.300 Attorneys' fees as costs in damage actions of

ten thousand dollars or less—Application. The provisions

of RCW 4.84.250 through 4.84.290 shall apply regardless of

whether the action is commenced in district court or superior

court except as provided in RCW 4.84.280. This section shall

not be construed as conferring jurisdiction on either court.

[1987 c 202 § 123; 1980 c 94 § 4; 1973 c 84 § 6.]

Intent—1987 c 202: See note following RCW 2.04.190.

Additional notes found at www.leg.wa.gov

4.84.32 0

4.84.320 Attor neys' fees in actions for injuries resulting from th e rendering of medical and other health care .

4.84.320 Attorneys' fees in actions for injuries result-

ing from the rendering of medical and other health care.

See RCW 7.70.070.

4.84.33 0

4.84.330 Actio ns on contract or lease w hich provides that attorn eys' fees an d costs in curred to enforce prov isions be awarded to o ne of parties—Prevailing par ty entitled to attorneys' fe es—Waiver prohi bited.

4.84.330 Actions on contract or lease which provides

that attorneys' fees and costs incurred to enforce provi

sions be awarded to one of parties—Prevailing party enti-

tled to attorneys' fees—Waiver prohibited. In any action

on a contract or lease entered into after September 21, 1977,

where such contract or lease specifically provides that attor

neys' fees and costs, which are incurred to enforce the provi-

sions of such contract or lease, shall be awarded to one of the

parties, the prevailing party, whether he or she is the party

specified in the contract or lease or not, shall be entitled to

reasonable attorneys' fees in addition to costs and necessary

disbursements.

Attorneys' fees provided for by this section shall not be

subject to waiver by the parties to any contract or lease which

is entered into after September 21, 1977. Any provision in

any such contract or lease which provides for a waiver of

attorneys' fees is void.

As used in this section "prevailing party" means the

party in whose favor final judgment is rendered. [2011 c 336

§ 131; 1977 ex.s. c 203 § 1.]

4.84.34 0

4.84.34 0 Judicial review of a gency action —Definitio ns.

4.84.340 Judicial review of agency action—Defini-

tions. Unless the context clearly requires otherwise, the defi-

nitions in this section apply throughout RCW 4.84.340

through 4.84.360.

(1) "Agency" means any state board, commission,

department, institution of higher education, or officer, autho

rized by law to make rules or to conduct adjudicative pro-

ceedings, except those in the legislative or judicial branches,

the governor, or the attorney general except to the extent oth

erwise required by law.

(2) "Agency action" means agency action as defined by

chapter 34.05 RCW.

(3) "Fees and other expenses" includes the reasonable

expenses of expert witnesses, the reasonable cost of a study,

analysis, engineering report, test, or project that is found by

the court to be necessary for the preparation of the party's

case, and reasonable attorneys' fees. Reasonable attorneys'

fees shall be based on the prevailing market rates for the kind

and quality of services furnished, except that (a) no expert

witness shall be compensated at a rate in excess of the highest

rates of compensation for expert witnesses paid by the state

of Washington, and (b) attorneys' fees shall not be awarded in

excess of one hundred fifty dollars per hour unless the court

determines that an increase in the cost of living or a special

factor, such as the limited availability of qualified attorneys

for the proceedings involved, justifies a higher fee.

(4) "Judicial review" means a judicial review as defined

by chapter 34.05 RCW.

(5) "Qualified party" means (a) an individual whose net

worth did not exceed one million dollars at the time the initial

petition for judicial review was filed or (b) a sole owner of an

unincorporated business, or a partnership, corporation, asso

ciation, or organization whose net worth did not exceed five

million dollars at the time the initial petition for judicial

review was filed, except that an organization described in

section 501(c)(3) of the federal internal revenue code of 1954

as exempt from taxation under section 501(a) of the code and

a cooperative association as defined in section 15(a) of the

agricultural marketing act (12 U.S.C. 1141J(a)), may be a

party regardless of the net worth of such organization or

cooperative association. [1995 c 403 § 902.]

Findings—1995 c 403: "The legislature finds that certain individuals,

smaller partnerships, smaller corporations, and other organizations may be

deterred from seeking review of or defending against an unreasonable

agency action because of the expense involved in securing the vindication of

their rights in administrative proceedings. The legislature further finds that

because of the greater resources and expertise of the state of Washington,

individuals, smaller partnerships, smaller corporations, and other organiza

tions are often deterred from seeking review of or defending against state

agency actions because of the costs for attorneys, expert witnesses, and other

costs. The legislature therefore adopts this equal access to justice act to

ensure that these parties have a greater opportunity to defend themselves

from inappropriate state agency actions and to protect their rights." [1995 c

403 § 901.]

Findings—Short title—Intent—1995 c 403: See note following RCW

34.05.328.

4.84.350

4.84.350 Judicial review of agency action—Award of fees and expenses.

4.84.350 Judicial review of agency action—Award of

fees and expenses. (1) Except as otherwise specifically pro

vided by statute, a court shall award a qualified party that pre-

vails in a judicial review of an agency action fees and other

expenses, including reasonable attorneys' fees, unless the

court finds that the agency action was substantially justified

or that circumstances make an award unjust. A qualified

party shall be considered to have prevailed if the qualified

party obtained relief on a significant issue that achieves some

benefit that the qualified party sought.

(2) The amount awarded a qualified party under subsec-

tion (1) of this section shall not exceed twenty-five thousand

Appeals Chapter 4.92

(2016 Ed.) [Title 4 RCW—page 69]

dollars. Subsection (1) of this section shall not apply unless

all parties challenging the agency action are qualified parties.

If two or more qualified parties join in an action, the award in

total shall not exceed twenty-five thousand dollars. The

court, in its discretion, may reduce the amount to be awarded

pursuant to subsection (1) of this section, or deny any award,

to the extent that a qualified party during the course of the

proceedings engaged in conduct that unduly or unreasonably

protracted the final resolution of the matter in controversy.

[1995 c 403 § 903.]

Findings—1995 c 403: See note following RCW 4.84.340.

Findings—Short title—Intent—1995 c 403: See note following RCW

34.05.328.

4.84.36 0

4.84.360 Judicial review of agency action—Payment of fees and expenses—Report to office of financial management.

4.84.360 Judicial review of agency action—Payment

of fees and expenses—Report to office of financial man

agement. Fees and other expenses awarded under RCW

4.84.340 and 4.84.350 shall be paid by the agency over which

the party prevails from operating funds appropriated to the

agency within sixty days. Agencies paying fees and other

expenses pursuant to RCW 4.84.340 and 4.84.350 shall

report all payments to the office of financial management

within five days of paying the fees and other expenses. Fees

and other expenses awarded by the court shall be subject to

the provisions of chapter 39.76 RCW and shall be deemed

payable on the date the court announces the award. [1995 c

403 § 904.]

Findings—1995 c 403: See note following RCW 4.84.340.

Findings—Short title—Intent—1995 c 403: See note following RCW

34.05.328.

4.84.37 0

4.84.370 Appeal of land use decisions—Fees and costs.

4.84.370 Appeal of land use decisions—Fees and

costs. (1) Notwithstanding any other provisions of this chap

ter, reasonable attorneys' fees and costs shall be awarded to

the prevailing party or substantially prevailing party on

appeal before the court of appeals or the supreme court of a

decision by a county, city, or town to issue, condition, or

deny a development permit involving a site-specific rezone,

zoning, plat, conditional use, variance, shoreline permit,

building permit, site plan, or similar land use approval or

decision. The court shall award and determine the amount of

reasonable attorneys' fees and costs under this section if:

(a) The prevailing party on appeal was the prevailing or

substantially prevailing party before the county, city, or town,

or in a decision involving a substantial development permit

under chapter 90.58 RCW, the prevailing party on appeal was

the prevailing party or the substantially prevailing party

before the shoreline[s] hearings board; and

(b) The prevailing party on appeal was the prevailing

party or substantially prevailing party in all prior judicial pro

ceedings.

(2) In addition to the prevailing party under subsection

(1) of this section, the county, city, or town whose decision is

on appeal is considered a prevailing party if its decision is

upheld at superior court and on appeal. [1995 c 347 § 718.]

Finding—Severability—Part headings and table of contents not

law—1995 c 347: See notes following RCW 36.70A.470.

Chapter 4.88

Chapter 4.88 RCW

4.88 APPEALS

APPEALS

Sections

4.88.330 Indigent party—State payment of review costs.

Rule-making power of

court of appeals: RCW 2.06.030, 2.06.040.

supreme court: RCW 2.04.180 through 2.04.210.

4.88.330

4.88.330 Indigent party—State payment of review costs.

4.88.330 Indigent party—State payment of review

costs. When a party has been judicially determined to have a

constitutional right to obtain a review and to be unable by

reason of poverty to procure counsel to perfect the review all

costs necessarily incident to the proper consideration of the

review including preparation of the record, reasonable fees

for court appointed counsel to be determined by the supreme

court, and actual travel expenses of counsel for appearance in

the supreme court or court of appeals, shall be paid by the

state. Upon satisfaction of requirements established by

supreme court rules and submission of appropriate vouchers

to the clerk of the supreme court, payment shall be made from

funds specifically appropriated by the legislature for that pur

pose. [1975 1st ex.s. c 261 § 2. Prior: 1972 ex.s. c 111 § 2;

1970 ex.s. c 31 § 2; 1965 c 133 § 2. Formerly RCW

10.01.112.]

Transcript of testimony—Fee—Forma pauperis: RCW 2.32.240.

Additional notes found at www.leg.wa.gov

Chapter 4.92

Chapter 4.92 RCW

4.92 ACTIONS AND CLAIMS AGAINST STATE

ACTIONS AND CLAIMS AGAINST STATE

Sections

4.92.005 "Volunteer"—Definition.

4.92.006 Definitions.

4.92.010 Where brought—Change of venue.

4.92.020 Service of summons and complaint.

4.92.030 Duties of attorney general—Procedure.

4.92.040 Judgments—Claims to legislature against state—Payment

procedure—Inapplicability to judgments and claims against

housing finance commission.

4.92.050 Limitations.

4.92.060 Action against state officers, employees, volunteers, or foster

parents—Request for defense.

4.92.070 Actions against state officers, employees, volunteers, or foster

parents—Defense by attorney general—Legal expenses.

4.92.075 Action against state officers, employees, or volunteers—Judg-

ment satisfied by state.

4.92.080 Bond not required of state.

4.92.090 Tortious conduct of state—Liability for damages.

4.92.100 Tortious conduct of state or its agents—Claims—Presentment

and filing—Contents.

4.92.110 Tortious conduct of state or its agents—Presentment and filing

of claim prerequisite to suit.

4.92.120 Tortious conduct of state—Assignment of claims.

4.92.130 Tortious conduct of state—Liability account—Purpose.

4.92.150 Compromise and settlement of claims by attorney general.

4.92.160 Payment of claims and judgments.

4.92.175 Action against state patrol officers in private law enforcement

off-duty employment—Immunity of state—Notice to

employer.

4.92.180 State, local governments not liable for injury to unauthorized

third-party occupant of state or local government vehicle.

4.92.200 Actions against state on state warrant appearing to be

redeemed—Claim required—Time limitation.

4.92.210 Risk management—Review of claims—Settlements.

4.92.220 Risk management administration account.

4.92.240 Rules.

4.92.250 Risk management—Risk manager may delegate powers and

duties.

4.92.260 Construction.

4.92.270 Risk management—Standard indemnification agreements.

4.92.280 Local government reimbursement claims.

4.92.005 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 70] (2016 Ed.)

Actions against political subdivisions, municipal corporations and quasi

municipal corporations: Chapter 4.96 RCW.

Claims, reports, etc., filing and receipt: RCW 1.12.070.

Hood Canal bridge, use for sport fishing purposes—Disclaimer of liability:

RCW 47.56.366.

Interest on judgments: RCW 4.56.115.

Liability coverage of university personnel and students: RCW 28B.20.250

through 28B.20.255.

4.92.00 5

4.92.00 5 "Volunteer "—Definitio n.

4.92.005 "Volunteer"—Definition. For the purposes

of RCW 4.92.060, 4.92.070, 4.92.130, *4.92.140, and

4.92.150, volunteer is defined in RCW 51.12.035. [1985 c

217 § 6.]

*Reviser's note: RCW 4.92.140 was repealed by 1989 c 419 § 18,

effective July 1, 1989.

4.92.00 6

4.92.006 Definitions.

4.92.006 Definitions. As used in this chapter:

(1) "Department" means the department of enterprise

services.

(2) "Director" means the director of enterprise services.

(3) "Office of risk management" means the office within

the department of enterprise services that carries out the pow

ers and duties under this chapter relating to claim filing,

claims administration, and claims payment.

(4) "Risk manager" means the person supervising the

office of risk management. [2011 1st sp.s. c 43 § 511; 2002

c 332 § 10; 1989 c 419 § 2.]

Effective date—Purpose—2011 1st sp.s. c 43: See notes following

RCW 43.19.003.

Intent—Effective date—2002 c 332: See notes following RCW

43.19.760.

Intent—1989 c 419: "In recent years the state of Washington has expe-

rienced significant increases in public liability claims. It is the intent of the

legislature to reduce tort claim costs by restructuring Washington state's risk

management program to place more accountability in state agencies, to

establish an actuarially sound funding mechanism for paying legitimate

claims, when they occur, and to establish an effective safety and loss control

program." [1989 c 419 § 1.]

Additional notes found at www.leg.wa.gov

4.92.01 0

4.92.010 Where brought—Change of venue.

4.92.010 Where brought—Change of venue. Any

person or corporation having any claim against the state of

Washington shall have a right of action against the state in the

superior court.

The venue for such actions shall be as follows:

(1) The county of the residence or principal place of

business of one or more of the plaintiffs;

(2) The county where the cause of action arose;

(3) The county in which the real property that is the sub-

ject of the action is situated;

(4) The county where the action may be properly com-

menced by reason of the joinder of an additional defendant;

(5) Thurston county.

Actions shall be subject to change of venue in accor-

dance with statute, rules of court, and the common law as the

same now exist or may hereafter be amended, adopted, or

altered.

Actions shall be tried in the county in which they have

been commenced in the absence of a seasonable motion by or

in behalf of the state to change the venue of the action. [1986

c 126 § 1; 1973 c 44 § 1; 1963 c 159 § 1; 1927 c 216 § 1; 1895

c 95 § 1; RRS § 886.]

Venue: Chapter 4.12 RCW.

Additional notes found at www.leg.wa.gov

4.92.020

4.92.020 Service of summons and complaint.

4.92.020 Service of summons and complaint. Service

of summons and complaint in such actions shall be served in

the manner prescribed by law upon the attorney general, or

by leaving the summons and complaint in the office of the

attorney general with an assistant attorney general. [1986 c

126 § 2; 1927 c 216 § 2; 1895 c 95 § 2; RRS § 887.]

4.92.030

4.92.030 Duties of attorney general—Procedure.

4.92.030 Duties of attorney general—Procedure. The

attorney general or an assistant attorney general shall appear

and act as counsel for the state. The action shall proceed in all

respects as other actions. Appellate review may be sought as

in other actions or proceedings, but in case review is sought

by the state, no bond shall be required of the appellant. [1988

c 202 § 3; 1986 c 126 § 3; 1971 c 81 § 24; 1895 c 95 § 3; RRS

§ 888.]

Additional notes found at www.leg.wa.gov

4.92.040

4.92.040 Judg ments—Claims to legislatu re against state—Payment procedure—Inapplicability to judgments and claims against housing finance commission.

4.92.040 Judgments—Claims to legislature against

state—Payment procedure—Inapplicability to judg

ments and claims against housing finance commission.

(1) No execution shall issue against the state on any judg

ment.

(2) Whenever a final judgment against the state is

obtained in an action on a claim arising out of tortious con

duct, the claim shall be paid from the liability account.

(3) Whenever a final judgment against the state shall

have been obtained in any other action, the clerk of the court

shall make and furnish to the office of risk management a

duly certified copy of such judgment; the office of risk man

agement shall thereupon audit the amount of damages and

costs therein awarded, and the same shall be paid from appro

priations specifically provided for such purposes by law.

(4) Final judgments for which there are no provisions in

state law for payment shall be transmitted by the office of risk

management to the senate and house of representatives com

mittees on ways and means as follows:

(a) On the first day of each session of the legislature, the

office of risk management shall transmit judgments received

and audited since the adjournment of the previous session of

the legislature.

(b) During each session of legislature, the office of risk

management shall transmit judgments immediately upon

completion of audit.

(5) All claims, other than judgments, made to the legisla-

ture against the state of Washington for money or property,

shall be accompanied by a statement of the facts on which

such claim is based and such evidence as the claimant intends

to offer in support of the claim and shall be filed with the

office of risk management, which shall retain the same as a

record. All claims of two thousand dollars or less shall be

approved or rejected by the office of risk management, and if

approved shall be paid from appropriations specifically pro

vided for such purpose by law. Such decision, if adverse to

the claimant in whole or part, shall not preclude the claimant

from seeking relief from the legislature. If the claimant

accepts any part of his or her claim which is approved for

payment by the office of risk management, such acceptance

shall constitute a waiver and release of the state from any fur

Actions and Claims Against State 4.92.080

(2016 Ed.) [Title 4 RCW—page 71]

ther claims relating to the damage or injury asserted in the

claim so accepted. The office of risk management shall sub

mit to the house and senate committees on ways and means,

at the beginning of each regular session, a comprehensive list

of all claims paid pursuant to this subsection during the pre

ceding year. For all claims not approved by the office of risk

management, the office of risk management shall recom

mend to the legislature whether such claims should be

approved or rejected. Recommendations shall be submitted

to the senate and house of representatives committees on

ways and means not later than the thirtieth day of each regu

lar session of the legislature. Claims which cannot be pro-

cessed for timely submission of recommendations shall be

held for submission during the following regular session of

the legislature. The recommendations shall include, but not

be limited to:

(a) A summary of the facts alleged in the claim, and a

statement as to whether these facts can be verified by the

office of risk management;

(b) An estimate by the office of risk management of the

value of the loss or damage which was alleged to have

occurred;

for the alleged loss or damage; and

(d) A summary of equitable or public policy arguments

which might be helpful in resolving the claim.

(6) The legislative committees to whom such claims are

referred shall make a transcript, recording, or statement of the

substance of the evidence given in support of such a claim. If

the legislature approves a claim the same shall be paid from

appropriations specifically provided for such purpose by law.

(7) Subsections (3) through (6) of this section do not

apply to judgments or claims against the state housing

finance commission created under chapter 43.180 RCW.

[2011 1st sp.s. c 43 § 512; 2002 c 332 § 11; 1999 c 163 § 3;

1986 c 126 § 4; 1983 c 161 § 28; 1979 ex.s. c 167 § 1; 1979 c

151 § 2; 1977 ex.s. c 144 § 1; 1963 c 159 § 6; 1895 c 95 § 4;

RRS § 889.]

Effective date—Purpose—2011 1st sp.s. c 43: See notes following

RCW 43.19.003.

Intent—Effective date—2002 c 332: See notes following RCW

43.19.760.

Additional notes found at www.leg.wa.gov

4.92.05 0

4.92.05 0 Limitations .

4.92.050 Limitations. All provisions of law relating to

the limitations of personal actions shall apply to claims

against the state, but the computation of time thereunder shall

not begin until RCW 4.92.010 through 4.92.050 shall have

become a law. [1895 c 95 § 5; RRS § 890.]

4.92.06 0

4.92.060 Action against state officers, employees, volunteers, or foster pa rents—Reques t for defen se.

4.92.060 Action against state officers, employees, vol-

unteers, or foster parents—Request for defense. When-

ever an action or proceeding for damages shall be instituted

against any state officer, including state elected officials,

employee, volunteer, or foster parent licensed in accordance

with chapter 74.15 RCW, arising from acts or omissions

while performing, or in good faith purporting to perform,

official duties, or, in the case of a foster parent, arising from

the good faith provision of foster care services, such officer,

employee, volunteer, or foster parent may request the attor

ney general to authorize the defense of said action or pro-

ceeding at the expense of the state. [1989 c 403 § 2; 1986 c

126 § 5; 1985 c 217 § 1; 1975 1st ex.s. c 126 § 1; 1975 c 40 §

1; 1921 c 79 § 1; RRS § 890-1.]

Findings—1989 c 403: "The legislature finds and declares that foster

parents are a valuable resource providing an important service to the citizens

of Washington. The legislature further recognizes that the current insurance

crisis has adversely affected some foster-family homes in several ways: (1)

In some locales, foster parents are unable to obtain liability insurance cover

age over and above homeowner's or tenant's coverage for actions filed

against them by the foster child or the child's parents or legal guardian. In

addition, the monthly payment made to foster-family homes is not sufficient

to cover the cost of obtaining this extended coverage and there is no mecha

nism in place by which foster parents can recapture this cost; (2) foster par-

ents' personal resources are at risk. Therefore, the legislature is providing

relief to address these problems." [1989 c 403 § 1.]

4.92.070

4.92.070 Actio ns against state office rs, employees, volunte ers, or foster parents—Defense by attorney general—Legal expenses.

4.92.070 Actions against state officers, employees,

volunteers, or foster parents—Defense by attorney gen

eral—Legal expenses. If the attorney general shall find that

said officer, employee, or volunteer's acts or omissions were,

or were purported to be in good faith, within the scope of that

person's official duties, or, in the case of a foster parent, that

the occurrence arose from the good faith provision of foster

care services, said request shall be granted, in which event the

necessary expenses of the defense of said action or proceed

ing relating to a state officer, employee, or volunteer shall be

paid as provided in RCW 4.92.130. In the case of a foster par

ent, necessary expenses of the defense shall be paid from the

appropriations made for the support of the department to

which such foster parent is attached. In such cases the attor

ney general shall appear and defend such officer, employee,

volunteer, or foster parent, who shall assist and cooperate in

the defense of such suit. However, the attorney general may

not represent or provide private representation for a foster

parent in an action or proceeding brought by the department

of social and health services against that foster parent. [1999

c 163 § 5; 1989 c 403 § 3; 1986 c 126 § 6; 1985 c 217 § 2;

1975 1st ex.s. c 126 § 2; 1975 c 40 § 2; 1921 c 79 § 2; RRS §

890-2.]

Findings—1989 c 403: See note following RCW 4.92.060.

Additional notes found at www.leg.wa.gov

4.92.075

4.92.075 Action against state officers, employees, or volunteers—Judg ment satisfied by state.

4.92.075 Action against state officers, employees, or

volunteers—Judgment satisfied by state. When a state

officer, employee, or volunteer has been represented by the

attorney general pursuant to RCW 4.92.070, and the body

presiding over the action or proceeding has found that the

officer, employee, or volunteer was acting within the scope

of his or her official duties, and a judgment has been entered

against the officer, employee, or volunteer pursuant to chap

ter 4.92 RCW or 42 U.S.C. Sec. 1981 et seq., thereafter the

judgment creditor shall seek satisfaction only from the state,

and the judgment shall not become a lien upon any property

of such officer, employee, or volunteer. [1989 c 413 § 2.]

4.92.080

4.92.080 Bond not required of state.

4.92.080 Bond not required of state. No bond shall be

required of the state of Washington for any purpose in any

case in any of the courts of the state of Washington and the

state of Washington shall be, on proper showing, entitled to

any orders, injunctions and writs of whatever nature without

bond notwithstanding the provisions of any existing statute

requiring that bonds be furnished by private parties. [1935 c

122 § 1; RRS § 390-3.]

4.92.090 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 72] (2016 Ed.)

4.92.09 0

4.92.090 Tortio us conduct of state—L iability for damages.

4.92.090 Tortious conduct of state—Liability for

damages. The state of Washington, whether acting in its

governmental or proprietary capacity, shall be liable for dam

ages arising out of its tortious conduct to the same extent as if

it were a private person or corporation. [1963 c 159 § 2; 1961

c 136 § 1.]

4.92.10 0

4.92.100 Tortious conduct of state or its agents—Claims—Presentment and f iling—Contents.

4.92.100 Tortious conduct of state or its agents—

Claims—Presentment and filing—Contents. (1) All

claims against the state, or against the state's officers,

employees, or volunteers, acting in such capacity, for dam

ages arising out of tortious conduct, must be presented to the

office of risk management. A claim is deemed presented

when the claim form is delivered in person or by regular mail,

registered mail, or certified mail, with return receipt

requested, or as an attachment to electronic mail or by fax, to

the office of risk management. For claims for damages pre

sented after July 26, 2009, all claims for damages must be

presented on the standard tort claim form that is maintained

by the office of risk management. The standard tort claim

form must be posted on the department of enterprise services'

web site.

(a) The standard tort claim form must, at a minimum,

require the following information:

(i) The claimant's name, date of birth, and contact infor-

mation;

(ii) A description of the conduct and the circumstances

that brought about the injury or damage;

(iii) A description of the injury or damage;

(iv) A statement of the time and place that the injury or

damage occurred;

(v) A listing of the names of all persons involved and

contact information, if known;

(vi) A statement of the amount of damages claimed; and

(vii) A statement of the actual residence of the claimant

at the time of presenting the claim and at the time the claim

arose.

(b)(i) The standard tort claim form must be signed either:

(A) By the claimant, verifying the claim;

(B) Pursuant to a written power of attorney, by the attor-

ney-in-fact for the claimant;

state on the claimant's behalf; or

(D) By a court-approved guardian or guardian ad litem

on behalf of the claimant.

(ii) For the purpose of this subsection (1)(b), when the

claim form is presented electronically it must bear an elec

tronic signature in lieu of a written original signature. An

electronic signature means a facsimile of an original signa

ture that is affixed to the claim form and executed or adopted

by the person with the intent to sign the document.

(iii) When an electronic signature is used and the claim is

submitted as an attachment to electronic mail, the convey

ance of that claim must include the date, time the claim was

presented, and the internet provider's address from which it

was sent. The attached claim form must be a format approved

by the office of risk management.

(iv) When an electronic signature is used and the claim is

submitted via a facsimile machine, the conveyance must

include the date, time the claim was submitted, and the fax

number from which it was sent.

(v) In the event of a question on an electronic signature,

the claimant shall have an opportunity to cure and the cured

notice shall relate back to the date of the original filing.

not admissible at trial.

(2) The state shall make available the standard tort claim

form described in this section with instructions on how the

form is to be presented and the name, address, and business

hours of the office of risk management. The standard tort

claim form must not list the claimant's social security number

and must not require information not specified under this sec

tion. The claim form and the instructions for completing the

claim form must provide the United States mail, physical,

and electronic addresses and numbers where the claim can be

presented.

(3) With respect to the content of claims under this sec-

tion and all procedural requirements in this section, this sec-

tion must be liberally construed so that substantial compli-

ance will be deemed satisfactory. [2013 c 188 § 1; 2012 c

250 § 1; 2009 c 433 § 2; 2006 c 82 § 1; 2002 c 332 § 12; 1986

c 126 § 7; 1979 c 151 § 3; 1977 ex.s. c 144 § 2; 1967 c 164 §

2; 1963 c 159 § 3.]

Intent—Effective date—2002 c 332: See notes following RCW

43.19.760.

Purpose—Severability—1967 c 164: See notes following RCW

4.96.010.

Puget Sound ferry and toll bridge system, claims against: RCW 47.60.250.

4.92.110

4.92.110 Torti ous conduct of state or its agents—Presentment a nd filing of claim prerequ isite to suit.

4.92.110 Tortious conduct of state or its agents—Pre-

sentment and filing of claim prerequisite to suit. No

action subject to the claim filing requirements of RCW

4.92.100 shall be commenced against the state, or against any

state officer, employee, or volunteer, acting in such capacity,

for damages arising out of tortious conduct until sixty calen

dar days have elapsed after the claim is presented to the office

of risk management in the department of enterprise services.

The applicable period of limitations within which an action

must be commenced shall be tolled during the sixty calendar

day period. For the purposes of the applicable period of lim

itations, an action commenced within five court days after the

sixty calendar day period has elapsed is deemed to have been

presented on the first day after the sixty calendar day period

elapsed. [2015 c 225 § 5; 2009 c 433 § 3; 2006 c 82 § 2; 2002

c 332 § 13; 1989 c 419 § 14; 1986 c 126 § 8; 1979 c 151 § 4;

1977 ex.s. c 144 § 3; 1963 c 159 § 4.]

Intent—Effective date—2002 c 332: See notes following RCW

43.19.760.

Intent—Effective date—1989 c 419: See notes following RCW

4.92.006.

4.92.120

4.92.120 Tortious conduct of state—Assignment of claims.

4.92.120 Tortious conduct of state—Assignment of

claims. Claims against the state arising out of tortious con

duct may be assigned voluntarily, involuntarily, and by oper-

ation of law to the same extent as like claims against private

persons may be so assigned. [1963 c 159 § 5.]

4.92.130

4.92.130 Torti ous conduct of state—Liabi lity account—Purpose.

4.92.130 Tortious conduct of state—Liability

account—Purpose. A liability account in the custody of the

treasurer is hereby created as a nonappropriated account to be

used solely and exclusively for the payment of liability settle

ments and judgments against the state under 42 U.S.C. Sec.

Actions and Claims Against State 4.92.175

(2016 Ed.) [Title 4 RCW—page 73]

1981 et seq. or for the tortious conduct of its officers,

employees, and volunteers and all related legal defense costs.

(1) The purpose of the liability account is to: (a) Expedi-

tiously pay legal liabilities and defense costs of the state

resulting from tortious conduct; (b) promote risk control

through a cost allocation system which recognizes agency

loss experience, levels of self-retention, and levels of risk

exposure; and (c) establish an actuarially sound system to pay

incurred losses, within defined limits.

(2) The liability account shall be used to pay claims for

injury and property damages and legal defense costs exclu

sive of agency-retained expenses otherwise budgeted.

(3) No money shall be paid from the liability account,

except for defense costs, unless all proceeds available to the

claimant from any valid and collectible liability insurance

shall have been exhausted and unless:

(a) The claim shall have been reduced to final judgment

in a court of competent jurisdiction; or

(b) The claim has been approved for payment.

(4) The liability account shall be financed through

annual premiums assessed to state agencies, based on sound

actuarial principles, and shall be for liability coverage in

excess of agency-budgeted self-retention levels.

(5) Annual premium levels shall be determined by the

risk manager. An actuarial study shall be conducted to assist

in determining the appropriate level of funding.

(6) Disbursements for claims from the liability account

shall be made to the claimant, or to the clerk of the court for

judgments, upon written request to the state treasurer from

the risk manager.

(7) The director may direct agencies to transfer moneys

from other funds and accounts to the liability account if pre

miums are delinquent.

(8) The liability account shall not exceed fifty percent of

the actuarial value of the outstanding liability as determined

annually by the office of risk management. If the account

exceeds the maximum amount specified in this section, pre

miums may be adjusted by the office of risk management in

order to maintain the account balance at the maximum limits.

If, after adjustment of premiums, the account balance

remains above the limits specified, the excess amount shall

be prorated back to the appropriate funds. [2011 1st sp.s. c 43

§ 513; 2009 c 560 § 15; 2002 c 332 § 14; 1999 c 163 § 1; 1991

sp.s. c 13 § 92; 1989 c 419 § 4; 1985 c 217 § 3; 1975 1st ex.s.

c 126 § 3; 1969 c 140 § 1; 1963 c 159 § 7.]

Effective date—Purpose—2011 1st sp.s. c 43: See notes following

RCW 43.19.003.

Intent—Effective date—Disposition of property and funds—

Assignment/delegation of contractual rights or duties—2009 c 560: See

notes following RCW 18.06.080.

Intent—Effective date—2002 c 332: See notes following RCW

43.19.760.

Intent—Effective date—1989 c 419: See notes following RCW

4.92.006.

Actions against regents, trustees, etc., of institutions of higher education or

educational boards, payments of obligations from liability account:

RCW 28B.10.842.

Department of enterprise services to conduct actuarial studies: RCW

43.19.778.

Additional notes found at www.leg.wa.gov

4.92.150

4.92.150 Compro mise and settlement of cla ims by attorney general.

4.92.150 Compromise and settlement of claims by

attorney general. After commencement of an action in a

court of competent jurisdiction upon a claim against the state,

or any of its officers, employees, or volunteers arising out of

tortious conduct or pursuant to 42 U.S.C. Sec. 1981 et seq., or

against a foster parent that the attorney general is defending

pursuant to RCW 4.92.070, or upon petition by the state, the

attorney general, with the prior approval of the office of risk

management and with the approval of the court, following

such testimony as the court may require, may compromise

and settle the same and stipulate for judgment against the

state, the affected officer, employee, volunteer, or foster par

ent. [2011 1st sp.s. c 43 § 514; 2002 c 332 § 15; 1989 c 403

§ 4. Prior: 1985 c 217 § 5; 1985 c 188 § 9; 1979 ex.s. c 144 §

2; 1975 1st ex.s. c 126 § 5; 1963 c 159 § 9.]

Effective date—Purpose—2011 1st sp.s. c 43: See notes following

RCW 43.19.003.

Intent—Effective date—2002 c 332: See notes following RCW

43.19.760.

Findings—1989 c 403: See note following RCW 4.92.060.

4.92.160

4.92.160 Payment of claims and judgments.

4.92.160 Payment of claims and judgments. Payment

of claims and judgments arising out of tortious conduct or

pursuant to 42 U.S.C. Sec. 1981 et seq. shall not be made by

any agency or department of state government with the

exception of the office of risk management, and that office

shall authorize and direct the payment of moneys only from

the liability account whenever:

(1) The head or governing body of any agency or depart-

ment of state or the designee of any such agency certifies to

the office of risk management that a claim has been settled; or

(2) The clerk of court has made and forwarded a certified

copy of a final judgment in a court of competent jurisdiction

and the attorney general certifies that the judgment is final

and was entered in an action on a claim arising out of tortious

conduct or under and pursuant to 42 U.S.C. Sec. 1981 et seq.

Payment of a judgment shall be made to the clerk of the court

for the benefit of the judgment creditors. Upon receipt of pay

ment, the clerk shall satisfy the judgment against the state.

[2011 1st sp.s. c 43 § 515; 2002 c 332 § 16; 1999 c 163 § 4;

1991 c 187 § 3; 1986 c 126 § 9; 1979 ex.s. c 144 § 3; 1979 c

151 § 5; 1975 1st ex.s. c 126 § 6; 1969 c 140 § 2; 1963 c 159

§ 10.]

Effective date—Purpose—2011 1st sp.s. c 43: See notes following

RCW 43.19.003.

Intent—Effective date—2002 c 332: See notes following RCW

43.19.760.

Intent—1991 c 187: "It is the intent of the legislature that the tort claims

revolving fund created under section 1 of this act have [has] the same pur

pose, use, and application as the tort claims revolving fund abolished effec-

tive July 1, 1989, by the legislature in chapter 419, Laws of 1989." [1991 c

187 § 2.]

Duty of clerk to forward copy of judgment: RCW 4.92.040.

Additional notes found at www.leg.wa.gov

4.92.175

4.92.175 Action against state patrol officers in private law enforcement off-duty em ployment—Im munity of state—Notice to employer.

4.92.175 Action against state patrol officers in pri-

vate law enforcement off-duty employment—Immunity

of state—Notice to employer. (1) The state of Washington

is not liable for tortious conduct by Washington state patrol

officers that occurs while such officers are engaged in private

law enforcement off-duty employment.

4.92.180 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 74] (2016 Ed.)

(2) Upon petition of the state any suit, for which immu-

nity is granted to the state under subsection (1) of this section,

shall be dismissed.

(3) Washington state patrol officers engaged in private

law enforcement off-duty employment shall notify, in writ

ing, prior to such employment, anyone who employs Wash-

ington state patrol officers in private off-duty employment of

the specific provisions of subsections (1) and (2) of this sec

tion. [1997 c 375 § 2.]

4.92.18 0

4.92.180 State, local governments not liable for injury to unauthorized third-party occupant of state or local government vehicle.

4.92.180 State, local governments not liable for

injury to unauthorized third-party occupant of state or

local government vehicle. (1) The state and local govern

ments are not liable for any injury received by a third-party

occupant of a vehicle that is owned, leased, or rented by the

state or local government if, at the time the injuries were

inflicted, the third-party occupant was:

(a) Riding in or on the vehicle with a state or local gov-

ernment employee who had explicitly acknowledged in writ-

ing the employer's policy on use of vehicles owned, leased, or

rented by the state or local government; and

(b) Not specifically and expressly authorized by the state

or local government to be an occupant of the vehicle.

(2) For purposes of this section, "third-party occupant"

means a person who occupies a vehicle owned, leased, or

rented by the state or local government and who is not an offi

cer, employee, or agent of the state or local government.

"Local government" includes any city, county, or other sub

division of the state and any municipal corporation, quasi-

municipal corporation, or special district within the state.

[2011 c 82 § 2.]

Intent—2011 c 82: "The legislature intends to overrule the state

supreme court's holding in Rahman v. State, No. 83428-8 (January 20, 2011),

by modifying the application of the common law doctrine of respondeat

superior." [2011 c 82 § 1.]

Application—2011 c 82: "This act applies to all causes of action accru-

ing on or after July 22, 2011." [2011 c 82 § 4.]

4.92.20 0

4.92.200 Actio ns against state on stat e warrant appearing to b e redeemed—Claim require d—Time limitation.

4.92.200 Actions against state on state warrant

appearing to be redeemed—Claim required—Time lim

itation. No action shall be commenced against the state on

account of any state warrant appearing to have been

redeemed unless a claim has been presented and filed with

the state treasurer within six years of the date of issuance of

such warrant. The requirements of this section shall not

extend or modify the period of limitations otherwise applica

ble within which an action must be commenced, but such

period shall begin and shall continue to run as if no claim

were required. [1975 c 48 § 1.]

State warrants: RCW 43.08.061 through 43.08.080.

4.92.21 0

4.92.210 Risk management—Review of c laims—Settlements.

4.92.210 Risk management—Review of claims—Set-

tlements. (1) All liability claims arising out of tortious con-

duct or under 42 U.S.C. Sec. 1981 et seq. that the state of

Washington or any of its officers, employees, or volunteers

would be liable for shall be filed with the office of risk man

agement.

(2) A centralized claim tracking system shall be main-

tained to provide agencies with accurate and timely data on

the status of liability claims. Information in this claim file,

other than the claim itself, shall be privileged and confiden

tial.

(3) Standardized procedures shall be established for fil-

ing, reporting, processing, and adjusting claims, which

includes the use of qualified claims management personnel.

(4) All claims shall be reviewed by the office of risk

management to determine an initial valuation, to delegate to

the appropriate office to investigate, negotiate, compromise,

and settle the claim, or to retain that responsibility on behalf

of and with the assistance of the affected state agency.

(5) All claims that result in a lawsuit shall be forwarded

to the attorney general's office. Thereafter the attorney gen

eral and the office of risk management shall collaborate in the

investigation, denial, or settlement of the claim.

(6) Reserves shall be established for recognizing finan-

cial liability and monitoring effectiveness. The valuation of

specific claims against the state shall be privileged and confi

dential.

(7) All settlements shall be approved by the responsible

agencies, or their designees, prior to settlement. [2011 1st

sp.s. c 43 § 516; 2002 c 332 § 17; 1989 c 419 § 3.]

Effective date—Purpose—2011 1st sp.s. c 43: See notes following

RCW 43.19.003.

Intent—Effective date—2002 c 332: See notes following RCW

43.19.760.

Intent—Effective date—1989 c 419: See notes following RCW

4.92.006.

4.92.220

4.92.220 Risk m anagement administration account.

4.92.220 Risk management administration account.

(1) The risk management administration account is created in

the custody of the state treasurer. All receipts from appropri

ations and assessments shall be deposited into the account.

Only the director or the director's designee may authorize

expenditures from the account. The account is subject to

allotment procedures under chapter 43.88 RCW, but no

appropriation is required for expenditures.

(2) The risk management administration account is to be

used for the payment of costs related to:

(a) The appropriated administration of liability, property,

and vehicle claims, including investigation, claim processing,

negotiation, and settlement, and other expenses relating to

settlements and judgments against the state not otherwise

budgeted; and

(b) The nonappropriated pass-through cost associated

with the purchase of liability and property insurance, includ

ing catastrophic insurance, subject to policy conditions and

limitations determined by the risk manager.

(3) The risk management administration account's

appropriation for risk management shall be financed through

a combination of direct appropriations and assessments to

state agencies. [2002 c 332 § 18; 1998 c 105 § 2; 1995 c 137

§ 1; 1991 sp.s. c 13 § 91; 1989 c 419 § 5.]

Intent—Effective date—2002 c 332: See notes following RCW

43.19.760.

Intent—Effective date—1989 c 419: See notes following RCW

4.92.006.

Additional notes found at www.leg.wa.gov

4.92.240

4.92.240 Rules.

4.92.240 Rules. The director has the power to adopt

rules necessary to carry out the intent of this chapter. [2002 c

332 § 20; 1989 c 419 § 8.]

Actions Against Political Subdivisions, Municipal and Quasi-Municipal Corporations 4.96.020

(2016 Ed.) [Title 4 RCW—page 75]

Intent—Effective date—2002 c 332: See notes following RCW

43.19.760.

Intent—Effective date—1989 c 419: See notes following RCW

4.92.006.

4.92.25 0

4.92.250 Risk management—Risk manager may delegate powers and duties.

4.92.250 Risk management—Risk manager may del-

egate powers and duties. The risk manager may delegate to

a state agency the authority to carry out any powers or duties

of the risk manager under this chapter related to claims

administration and purchase of insurance for the purpose of

protecting any classes of officers, employees, or for other

persons performing services for the state. Such delegation

shall be made only upon a determination by the risk manager

that another agency has sufficient resources to carry out the

functions delegated. [1989 c 419 § 9.]

Intent—Effective date—1989 c 419: See notes following RCW

4.92.006.

4.92.26 0

4.92.260 Construction.

4.92.260 Construction. Nothing in this chapter shall be

construed as amending, repealing, or otherwise affecting

RCW 28B.20.250 through 28B.20.255. [1989 c 419 § 10.]

Intent—Effective date—1989 c 419: See notes following RCW

4.92.006.

4.92.27 0

4.92.270 Risk management—Standard indemnification agreements.

4.92.270 Risk management—Standard indemnifica-

tion agreements. The risk manager shall develop procedures

for standard indemnification agreements for state agencies to

use whenever the agency agrees to indemnify, or be indemni

fied by, any person or party. The risk manager shall also

develop guidelines for the use of indemnification agreements

by state agencies. On request of the risk manager, an agency

shall forward to the office of risk management for review and

approval any contract or agreement containing an indemnifi

cation agreement. [2011 1st sp.s. c 43 § 517; 2002 c 332 §

21; 1989 c 419 § 15.]

Effective date—Purpose—2011 1st sp.s. c 43: See notes following

RCW 43.19.003.

Intent—Effective date—2002 c 332: See notes following RCW

43.19.760.

Intent—Effective date—1989 c 419: See notes following RCW

4.92.006.

4.92.28 0

4.92.28 0 Local gov ernment rei mbursement claims.

4.92.280 Local government reimbursement claims.

If chapter 217, Laws of 1998 mandates an increased level of

service by local governments, the local government may,

under RCW 43.135.060 and chapter 4.92 RCW, submit

claims for reimbursement by the legislature. The claims shall

be subject to verification by the department of enterprise ser

vices. [2011 1st sp.s. c 43 § 518; 1998 c 217 § 4.]

Effective date—Purpose—2011 1st sp.s. c 43: See notes following

RCW 43.19.003.

Chapter 4.96

Chapter 4.96 RCW

4.96 ACTIONS AGAINST POLITICAL SUBDIVISIONS, MUNICIPAL AND QUASI-MUNICIP AL CORPORA TIONS

ACTIONS AGAINST POLITICAL SUBDIVISIONS,

MUNICIPAL AND QUASI-MUNICIPAL

CORPORATIONS

Sections

4.96.010 Tortious conduct of local governmental entities—Liability for

damages.

4.96.020 Tortious conduct of local governmental entities and their

agents—Claims—Presentment and filing—Contents.

4.96.041 Action or proceeding against officer, employee, or volunteer

of local governmental entity—Payment of damages and

expenses of defense.

4.96.050 Bond not required.

Claims, reports, etc., filing and receipt: RCW 1.12.070.

Interest on judgments: RCW 4.56.115.

Liability of local governments for injury to unauthorized third-party occu-

pant of local government vehicle: RCW 4.92.180.

Liability of public officials and governing body members: RCW 4.24.470.

4.96.010

4.96.010 Tortious conduct of local governmental entities—Liability for damages.

4.96.010 Tortious conduct of local governmental

entities—Liability for damages. (1) All local governmental

entities, whether acting in a governmental or proprietary

capacity, shall be liable for damages arising out of their tor

tious conduct, or the tortious conduct of their past or present

officers, employees, or volunteers while performing or in

good faith purporting to perform their official duties, to the

same extent as if they were a private person or corporation.

Filing a claim for damages within the time allowed by law

shall be a condition precedent to the commencement of any

action claiming damages. The laws specifying the content for

such claims shall be liberally construed so that substantial

compliance therewith will be deemed satisfactory.

(2) Unless the context clearly requires otherwise, for the

purposes of this chapter, "local governmental entity" means a

county, city, town, special district, municipal corporation as

defined in RCW 39.50.010, quasi-municipal corporation, any

joint municipal utility services authority, any entity created

by public agencies under RCW 39.34.030, or public hospital.

(3) For the purposes of this chapter, "volunteer" is

defined according to RCW 51.12.035. [2011 c 258 § 10;

2001 c 119 § 1; 1993 c 449 § 2; 1967 c 164 § 1.]

Short title—Purpose—Intent—2011 c 258: See RCW 39.106.010.

Purpose—1993 c 449: "This act is designed to provide a single, uni-

form procedure for bringing a claim for damages against a local governmen-

tal entity. The existing procedures, contained in chapter 36.45 RCW, coun-

ties, chapter 35.31 RCW, cities and towns, chapter 35A.31 RCW, optional

municipal code, and chapter 4.96 RCW, other political subdivisions, munic

ipal corporations, and quasi-municipal corporations, are revised and consol-

idated into chapter 4.96 RCW." [1993 c 449 § 1.]

Purpose—1967 c 164: "It is the purpose of this act to extend the doc-

trine established in chapter 136, Laws of 1961, as amended, to all political

subdivisions, municipal corporations and quasi municipal corporations of

the state." [1967 c 164 § 17.]

Additional notes found at www.leg.wa.gov

4.96.020

4.96.020 Torti ous conduct of local gove rnmental entities and thei r agents—Claims—Presentme nt and filing—Contents.

4.96.020 Tortious conduct of local governmental

entities and their agents—Claims—Presentment and fil

ing—Contents. (1) The provisions of this section apply to

claims for damages against all local governmental entities

and their officers, employees, or volunteers, acting in such

capacity.

(2) The governing body of each local governmental

entity shall appoint an agent to receive any claim for damages

made under this chapter. The identity of the agent and the

address where he or she may be reached during the normal

business hours of the local governmental entity are public

records and shall be recorded with the auditor of the county in

which the entity is located. All claims for damages against a

local governmental entity, or against any local governmental

entity's officers, employees, or volunteers, acting in such

capacity, shall be presented to the agent within the applicable

period of limitations within which an action must be com

4.96.041 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 76] (2016 Ed.)

menced. A claim is deemed presented when the claim form is

delivered in person or is received by the agent by regular

mail, registered mail, or certified mail, with return receipt

requested, to the agent or other person designated to accept

delivery at the agent's office. The failure of a local govern

mental entity to comply with the requirements of this section

precludes that local governmental entity from raising a

defense under this chapter.

(3) For claims for damages presented after July 26, 2009,

all claims for damages must be presented on the standard tort

claim form that is maintained by the office of risk manage

ment in the department of enterprise services, except as

allowed under (c) of this subsection. The standard tort claim

form must be posted on the department of enterprise services'

web site.

(a) The standard tort claim form must, at a minimum,

require the following information:

(i) The claimant's name, date of birth, and contact infor-

mation;

(ii) A description of the conduct and the circumstances

that brought about the injury or damage;

(iii) A description of the injury or damage;

(iv) A statement of the time and place that the injury or

damage occurred;

(v) A listing of the names of all persons involved and

contact information, if known;

(vi) A statement of the amount of damages claimed; and

(vii) A statement of the actual residence of the claimant

at the time of presenting the claim and at the time the claim

arose.

(b) The standard tort claim form must be signed either:

(i) By the claimant, verifying the claim;

(ii) Pursuant to a written power of attorney, by the attor-

ney-in-fact for the claimant;

(iii) By an attorney admitted to practice in Washington

state on the claimant's behalf; or

(iv) By a court-approved guardian or guardian ad litem

on behalf of the claimant.

standard tort claim form described in this section with

instructions on how the form is to be presented and the name,

address, and business hours of the agent of the local govern

mental entity. If a local governmental entity chooses to also

make available its own tort claim form in lieu of the standard

tort claim form, the form:

(i) May require additional information beyond what is

specified under this section, but the local governmental entity

may not deny a claim because of the claimant's failure to pro

vide that additional information;

(ii) Must not require the claimant's social security num-

ber; and

(iii) Must include instructions on how the form is to be

presented and the name, address, and business hours of the

agent of the local governmental entity appointed to receive

the claim.

(d) If any claim form provided by the local governmental

entity fails to require the information specified in this section,

or incorrectly lists the agent with whom the claim is to be

filed, the local governmental entity is deemed to have waived

any defense related to the failure to provide that specific

information or to present the claim to the proper designated

agent.

(e) Presenting either the standard tort claim form or the

local government tort claim form satisfies the requirements

of this chapter.

(f) The amount of damages stated on the claim form is

not admissible at trial.

(4) No action subject to the claim filing requirements of

this section shall be commenced against any local govern

mental entity, or against any local governmental entity's offi-

cers, employees, or volunteers, acting in such capacity, for

damages arising out of tortious conduct until sixty calendar

days have elapsed after the claim has first been presented to

the agent of the governing body thereof. The applicable

period of limitations within which an action must be com

menced shall be tolled during the sixty calendar day period.

For the purposes of the applicable period of limitations, an

action commenced within five court days after the sixty cal

endar day period has elapsed is deemed to have been pre-

sented on the first day after the sixty calendar day period

elapsed.

(5) With respect to the content of claims under this sec-

tion and all procedural requirements in this section, this sec-

tion must be liberally construed so that substantial compli-

ance will be deemed satisfactory. [2015 c 225 § 6; 2012 c

250 § 2; 2009 c 433 § 1; 2006 c 82 § 3; 2001 c 119 § 2; 1993

c 449 § 3; 1967 c 164 § 4.]

Purpose—Severability—1993 c 449: See notes following RCW

4.96.010.

4.96.041

4.96.041 Action or proceeding against officer, employee, or volunteer of local governmental entity—Payment of damages and expenses of defense.

4.96.041 Action or proceeding against officer,

employee, or volunteer of local governmental entity—

Payment of damages and expenses of defense. (1) When

ever an action or proceeding for damages is brought against

any past or present officer, employee, or volunteer of a local

governmental entity of this state, arising from acts or omis

sions while performing or in good faith purporting to perform

his or her official duties, such officer, employee, or volunteer

may request the local governmental entity to authorize the

defense of the action or proceeding at the expense of the local

governmental entity.

(2) If the legislative authority of the local governmental

entity, or the local governmental entity using a procedure cre

ated by ordinance or resolution, finds that the acts or omis-

sions of the officer, employee, or volunteer were, or in good

faith purported to be, within the scope of his or her official

duties, the request shall be granted. If the request is granted,

the necessary expenses of defending the action or proceeding

shall be paid by the local governmental entity. Any monetary

judgment against the officer, employee, or volunteer shall be

paid on approval of the legislative authority of the local gov

ernmental entity or by a procedure for approval created by

ordinance or resolution.

(3) The necessary expenses of defending an elective offi-

cer of the local governmental entity in a judicial hearing to

determine the sufficiency of a recall charge as provided in

*RCW 29.82.023 shall be paid by the local governmental

entity if the officer requests such defense and approval is

granted by both the legislative authority of the local govern

mental entity and the attorney representing the local govern-

mental entity. The expenses paid by the local governmental

Wrongly Convicted Persons 4.100.040

(2016 Ed.) [Title 4 RCW—page 77]

entity may include costs associated with an appeal of the

decision rendered by the superior court concerning the suffi

ciency of the recall charge.

(4) When an officer, employee, or volunteer of the local

governmental entity has been represented at the expense of

the local governmental entity under subsection (1) of this sec

tion and the court hearing the action has found that the offi-

cer, employee, or volunteer was acting within the scope of his

or her official duties, and a judgment has been entered against

the officer, employee, or volunteer under chapter 4.96 RCW

or 42 U.S.C. Sec. 1981 et seq., thereafter the judgment credi

tor shall seek satisfaction for nonpunitive damages only from

the local governmental entity, and judgment for nonpunitive

damages shall not become a lien upon any property of such

officer, employee, or volunteer. The legislative authority of a

local governmental entity may, pursuant to a procedure cre

ated by ordinance or resolution, agree to pay an award for

punitive damages. [1993 c 449 § 4; 1989 c 250 § 1; 1979

ex.s. c 72 § 1. Formerly RCW 36.16.134.]

*Reviser's note: RCW 29.82.023 was recodified as RCW 29A.56.140

pursuant to 2003 c 111 § 2401, effective July 1, 2004.

Purpose—Severability—1993 c 449: See notes following RCW

4.96.010.

4.96.05 0

4.96.050 Bond not required.

4.96.050 Bond not required. No bond is required of

any local governmental entity for any purpose in any case in

any of the courts of the state of Washington and all local gov

ernmental entities shall be, on proper showing, entitled to any

orders, injunctions, and writs of whatever nature without

bond, notwithstanding the provisions of any existing statute

requiring that bonds be furnished by private parties. [1993 c

449 § 5.]

Purpose—Severability—1993 c 449: See notes following RCW

4.96.010.

Chapter 4.100

Chapter 4.100 RCW

4.100 WRONGLY CONVICTED PERSONS

WRONGLY CONVICTED PERSONS

Sections

4.100.010 Intent.

4.100.020 Claim for compensation—Definitions.

4.100.030 Procedure for filing of claims.

4.100.040 Claims—Evidence, determinations required—Dismissal of

claim.

4.100.050 Appeals.

4.100.060 Compensation awards—Amounts—Proof required—Reentry

services.

4.100.070 Provision of information—Statute of limitations.

4.100.080 Remedies and compensation exclusive—Admissibility of

agreements.

4.100.090 Actions for compensation.

4.100.010

4.100.010 Intent.

4.100.010 Intent. The legislature recognizes that per-

sons convicted and imprisoned for crimes they did not com-

mit have been uniquely victimized. Having suffered tremen-

dous injustice by being stripped of their lives and liberty, they

are forced to endure imprisonment and are later stigmatized

as felons. A majority of those wrongly convicted in Washing

ton state have no remedy available under the law for the

destruction of their personal lives resulting from errors in our

criminal justice system. The legislature intends to provide an

avenue for those who have been wrongly convicted in Wash

ington state to redress the lost years of their lives, and help to

address the unique challenges faced by the wrongly con

victed after exoneration. [2013 c 175 § 1.]

4.100.020

4.100.020 Claim for compensation—Definitions.

4.100.020 Claim for compensation—Definitions. (1)

Any person convicted in superior court and subsequently

imprisoned for one or more felonies of which he or she is

actually innocent may file a claim for compensation against

the state.

(2) For purposes of this chapter, a person is:

(a) "Actually innocent" of a felony if he or she did not

engage in any illegal conduct alleged in the charging docu

ments; and

(b) "Wrongly convicted" if he or she was charged, con-

victed, and imprisoned for one or more felonies of which he

or she is actually innocent.

(3)(a) If the person entitled to file a claim under subsec-

tion (1) of this section is incapacitated and incapable of filing

the claim, or if he or she is a minor, or is a nonresident of the

state, the claim may be filed on behalf of the claimant by an

authorized agent.

(b) A claim filed under this chapter survives to the per-

sonal representative of the claimant as provided in RCW

4.20.046. [2013 c 175 § 2.]

4.100.030

4.100.030 Procedure for filing of claims.

4.100.030 Procedure for filing of claims. (1) All

claims under this chapter must be filed in superior court. The

venue for such actions is governed by RCW 4.12.020.

(2) Service of the summons and complaint is governed

by RCW 4.28.080. [2013 c 175 § 3.]

4.100.040

4.100.040 Claims—Evidence, determinations required—Dismissal of claim.

4.100.040 Claims—Evidence, determinations

required—Dismissal of claim. (1) In order to file an action

able claim for compensation under this chapter, the claimant

must establish by documentary evidence that:

(a) The claimant has been convicted of one or more felo-

nies in superior court and subsequently sentenced to a term of

imprisonment, and has served all or part of the sentence;

(b)(i) The claimant is not currently incarcerated for any

offense; and

(ii) During the period of confinement for which the

claimant is seeking compensation, the claimant was not serv

ing a term of imprisonment or a concurrent sentence for any

crime other than the felony or felonies that are the basis for

the claim;

(c)(i) The claimant has been pardoned on grounds con-

sistent with innocence for the felony or felonies that are the

basis for the claim; or

(ii) The claimant's judgment of conviction was reversed

or vacated and the charging document dismissed on the basis

of significant new exculpatory information or, if a new trial

was ordered pursuant to the presentation of significant new

exculpatory information, either the claimant was found not

guilty at the new trial or the claimant was not retried and the

charging document dismissed; and

(d) The claim is not time barred by RCW 4.100.090.

(2) In addition to the requirements in subsection (1) of

this section, the claimant must state facts in sufficient detail

for the finder of fact to determine that:

(a) The claimant did not engage in any illegal conduct

alleged in the charging documents; and

4.100.050 Title 4 RCW: Civil Procedure

[Title 4 RCW—page 78] (2016 Ed.)

(b) The claimant did not commit or suborn perjury, or

fabricate evidence to cause or bring about the conviction. A

guilty plea to a crime the claimant did not commit, or a con

fession that is later determined by a court to be false, does not

automatically constitute perjury or fabricated evidence under

this subsection.

(3) Convictions vacated, overturned, or subject to resen-

tencing pursuant to In re: Personal Detention of Andress, 147

Wn.2d 602 (2002) may not serve as the basis for a claim

under this chapter unless the claimant otherwise satisfies the

qualifying criteria set forth in RCW 4.100.020 and this sec

tion.

(4) The claimant must verify the claim unless he or she is

incapacitated, in which case the personal representative or

agent filing on behalf of the claimant must verify the claim.

(5) If the attorney general concedes that the claimant was

wrongly convicted, the court must award compensation as

provided in RCW 4.100.060.

(6)(a) If the attorney general does not concede that the

claimant was wrongly convicted and the court finds after

reading the claim that the claimant does not meet the filing

criteria set forth in this section, it may dismiss the claim,

either on its own motion or on the motion of the attorney gen

eral.

(b) If the court dismisses the claim, the court must set

forth the reasons for its decision in written findings of fact

and conclusions of law. [2013 c 175 § 4.]

4.100.050

4.100.050 Appeals.

4.100.050 Appeals. Any party is entitled to the rights of

appeal afforded parties in a civil action following a decision

on such motions. In the case of dismissal of a claim, review

of the superior court action is de novo. [2013 c 175 § 5.]

4.100.060

4.100.060 Compensation awards—Amounts—Proof required—Reentry services.

4.100.060 Compensation awards—Amounts—Proof

required—Reentry services. (1) In order to obtain a judg

ment in his or her favor, the claimant must show by clear and

convincing evidence that:

(a) The claimant was convicted of one or more felonies

in superior court and subsequently sentenced to a term of

imprisonment, and has served all or any part of the sentence;

(b)(i) The claimant is not currently incarcerated for any

offense; and

(ii) During the period of confinement for which the

claimant is seeking compensation, the claimant was not serv

ing a term of imprisonment or a concurrent sentence for any

conviction other than those that are the basis for the claim;

(c)(i) The claimant has been pardoned on grounds con-

sistent with innocence for the felony or felonies that are the

basis for the claim; or

(ii) The claimant's judgment of conviction was reversed

or vacated and the charging document dismissed on the basis

of significant new exculpatory information or, if a new trial

was ordered pursuant to the presentation of significant new

exculpatory information, either the claimant was found not

guilty at the new trial or the claimant was not retried and the

charging document dismissed;

(d) The claimant did not engage in any illegal conduct

alleged in the charging documents; and

(e) The claimant did not commit or suborn perjury, or

fabricate evidence to cause or bring about his or her convic

tion. A guilty plea to a crime the claimant did not commit, or

a confession that is later determined by a court to be false,

does not automatically constitute perjury or fabricated evi

dence under this subsection.

(2) Any pardon or proclamation issued to the claimant

must be certified by the officer having lawful custody of the

pardon or proclamation, and be affixed with the seal of the

office of the governor, or with the official certificate of such

officer before it may be offered as evidence.

(3) In exercising its discretion regarding the weight and

admissibility of evidence, the court must give due consider

ation to difficulties of proof caused by the passage of time or

by release of evidence pursuant to a plea, the death or

unavailability of witnesses, the destruction of evidence, or

other factors not caused by the parties.

(4) The claimant may not be compensated for any period

of time in which he or she was serving a term of imprison

ment or a concurrent sentence for any conviction other than

the felony or felonies that are the basis for the claim.

(5) If the jury or, in the case where the right to a jury is

waived, the court finds by clear and convincing evidence that

the claimant was wrongly convicted, the court must order the

state to pay the actually innocent claimant the following com

pensation award, as adjusted for partial years served and to

account for inflation from July 28, 2013:

(a) Fifty thousand dollars for each year of actual confine-

ment including time spent awaiting trial and an additional

fifty thousand dollars for each year served under a sentence

of death pursuant to chapter 10.95 RCW;

(b) Twenty-five thousand dollars for each year served on

parole, community custody, or as a registered sex offender

pursuant only to the felony or felonies which are grounds for

the claim;

the claimant that became due and interest on child support

arrearages that accrued while the claimant was in custody on

the felony or felonies that are grounds for the compensation

claim. The funds must be paid on the claimant's behalf in a

lump sum payment to the department of social and health ser

vices for disbursement under Title 26 RCW;

(d) Reimbursement for all restitution, assessments, fees,

court costs, and all other sums paid by the claimant as

required by pretrial orders and the judgment and sentence;

and

(e) Attorneys' fees for successfully bringing the wrong-

ful conviction claim calculated at ten percent of the monetary

damages awarded under subsection (5)(a) and (b) of this sec

tion, plus expenses. However, attorneys' fees and expenses

may not exceed seventy-five thousand dollars. These fees

may not be deducted from the compensation award due to the

claimant and counsel is not entitled to receive additional fees

from the client related to the claim. The court may not award

any attorneys' fees to the claimant if the claimant fails to

prove he or she was wrongly convicted.

(6) The compensation award may not include any puni-

tive damages.

(7) The court may not offset the compensation award by

any expenses incurred by the state, the county, or any politi

cal subdivision of the state including, but not limited to,

expenses incurred to secure the claimant's custody, or to feed,

clothe, or provide medical services for the claimant. The

court may not offset against the compensation award the

Wrongly Convicted Persons 4.100.090

(2016 Ed.) [Title 4 RCW—page 79]

value of any services or reduction in fees for services to be

provided to the claimant as part of the award under this sec

tion.

(8) The compensation award is not income for tax pur-

poses, except attorneys' fees awarded under subsection (5)(e)

of this section.

(9)(a) Upon finding that the claimant was wrongly con-

victed, the court must seal the claimant's record of convic-

tion.

(b) Upon request of the claimant, the court may order the

claimant's record of conviction vacated if the record has not

already been vacated, expunged, or destroyed under court

rules. The requirements for vacating records under RCW

9.94A.640 do not apply.

(10) Upon request of the claimant, the court must refer

the claimant to the department of corrections or the depart

ment of social and health services for access to reentry ser-

vices, if available, including but not limited to counseling on

the ability to enter into a structured settlement agreement and

where to obtain free or low-cost legal and financial advice if

the claimant is not already represented, the community-based

transition programs and long-term support programs for edu

cation, mentoring, life skills training, assessment, job skills

development, mental health and substance abuse treatment.

(11) The claimant or the attorney general may initiate

and agree to a claim with a structured settlement for the com

pensation awarded under subsection (5) of this section.

During negotiation of the structured settlement agreement,

the claimant must be given adequate time to consult with the

legal and financial advisor of his or her choice. Any struc

tured settlement agreement binds the parties with regard to all

compensation awarded. A structured settlement agreement

entered into under this section must be in writing and signed

by the parties or their representatives and must clearly state

that the parties understand and agree to the terms of the

agreement.

(12) Before approving any structured settlement agree-

ment, the court must ensure that the claimant has an adequate

understanding of the agreement. The court may approve the

agreement only if the judge finds that the agreement is in the

best interest of the claimant and actuarially equivalent to the

lump sum compensation award under subsection (5) of this

section before taxation. When determining whether the

agreement is in the best interest of the claimant, the court

must consider the following factors:

(a) The age and life expectancy of the claimant;

(b) The marital or domestic partnership status of the

claimant; and

[2013 c 175 § 6.]

4.100.070

4.100.070 Pro vis ion of information—Statute o f limitations.

4.100.070 Provision of information—Statute of lim-

itations. (1) On or after July 28, 2013, when a court grants

judicial relief, such as reversal and vacation of a person's con

viction, consistent with the criteria established in RCW

4.100.040, the court must provide to the claimant a copy of

RCW 4.100.020 through 4.100.090, 28B.15.395, and

72.09.750 at the time the relief is granted.

(2) The clemency and pardons board or the indetermi-

nate sentence review board, whichever is applicable, upon

issuance of a pardon by the governor on grounds consistent

with innocence on or after July 28, 2013, must provide a copy

of RCW 4.100.020 through 4.100.090, 28B.15.395, and

72.09.750 to the individual pardoned.

(3) If an individual entitled to receive the information

required under this section shows that he or she was not pro

vided with the information, he or she has an additional twelve

months, beyond the statute of limitations under RCW

4.100.090, to bring a claim under this chapter. [2013 c 175 §

7.]

4.100.080

4.100.080 Remedies and compensation exclusive—Admissibility of agreements.

4.100.080 Remedies and compensation exclusive—

Admissibility of agreements. (1) It is the intent of the legis

lature that the remedies and compensation provided under

this chapter shall be exclusive to all other remedies at law and

in equity against the state or any political subdivision of the

state. As a requirement to making a request for relief under

this chapter, the claimant waives any and all other remedies,

causes of action, and other forms of relief or compensation

against the state, any political subdivision of the state, and

their officers, employees, agents, and volunteers related to

the claimant's wrongful conviction and imprisonment. This

waiver shall also include all state, common law, and federal

claims for relief, including claims pursuant to 42 U.S.C. Sec.

1983. A wrongfully convicted person who elects not to pur

sue a claim for compensation pursuant to this chapter shall

not be precluded from seeking relief through any other exist

ing remedy. The claimant must execute a legal release prior

to the payment of any compensation under this chapter. If the

release is held invalid for any reason and the claimant is

awarded compensation under this chapter and receives a tort

award related to his or her wrongful conviction and incarcer

ation, the claimant must reimburse the state for the lesser of:

(a) The amount of the compensation award, excluding

the portion awarded pursuant to RCW 4.100.060(5) (c)

through (e); or

(b) The amount received by the claimant under the tort

award.

(2) A release dismissal agreement, plea agreement, or

any similar agreement whereby a prosecutor's office or an

agent acting on its behalf agrees to take or refrain from cer

tain action if the accused individual agrees to forgo legal

action against the county, the state of Washington, or any

political subdivision, is admissible and should be evaluated

in light of all the evidence. However, any such agreement is

not dispositive of the question of whether the claimant was

wrongly convicted or entitled to compensation under this

chapter. [2013 c 175 § 8.]

4.100.090

4.100.090 Actions for compensation.

4.100.090 Actions for compensation. Except as pro-

vided in RCW 4.100.070, an action for compensation under

this chapter must be commenced within three years after the

grant of a pardon, the grant of judicial relief and satisfaction

of other conditions described in RCW 4.100.020, or release

from custody, whichever is later. However, any action by the

state challenging or appealing the grant of judicial relief or

release from custody tolls the three-year period. Any persons

meeting the criteria set forth in RCW 4.100.020 who was

wrongly convicted before July 28, 2013, may commence an

action under this chapter within three years after July 28,

2013. [2013 c 175 § 9.]