title: RCW 39.94.050

text:
(1) It is the intent of the legislature that the financing program authorized by this chapter be self-supporting.
(2) The state treasurer is authorized to levy fees and apply specified investment earnings from time to time in amounts not to exceed sums sufficient to pay program expenses including, but not limited to, costs of issuance, and to create reserves to assure timely payment of financing contracts. The investment earnings available for this purpose represent the earnings on payments received from state and other agencies.
[ 1998 c 291 s 1.]
Notes:
Application—1998 c 291: "Chapter 291, Laws of 1998 is applicable to an other agency, as defined in RCW 39.94.020, for the financing of equipment on September 1, 1998, and for the financing of real estate on July 1, 2000." [ 1998 c 291 s 6.]

catchline: Financing program to be self-supporting—Payment of program expenses.


doc_type: statute

jurisdiction: wa

title: RCW 39.94.900

text:
The provisions of this chapter shall apply to all financing contracts entered into following July 23, 1989.
[ 1989 c 356 s 5.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Application.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 39.96.010

text:
The legislature finds and declares that the issuance by state and local governments of bonds and other obligations involves exposure to changes in interest rates; that a number of financial instruments are available to lower the net cost of these borrowings, or to reduce the exposure of state and local governments to changes in interest rates; that these reduced costs for state and local governments will benefit taxpayers and ratepayers; and that the legislature desires to provide state and local governments with express statutory authority to take advantage of these instruments. In recognition of the complexity of these financial instruments, the legislature desires that this authority be subject to certain limitations.
[ 2004 c 108 s 1; 2000 c 184 s 1; 1995 c 192 s 1; 1993 c 273 s 1.]
Notes:
Effective date—2000 c 184: "This act takes effect July 1, 2000." [ 2000 c 184 s 7.]
Effective date—1995 c 192: "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 shall take effect July 1, 1995." [ 1995 c 192 s 3.]

catchline: Findings and declaration.


title: RCW 39.96.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Financial advisor" means a financial services or financial advisory firm:
(a) With recognized knowledge and experience in connection with the negotiation and execution of payment agreements;
(b) That is acting solely as financial advisor to the governmental entity in connection with the execution of the payment agreement and the issuance or incurring of any related obligations, and not as a principal, placement agent, purchaser, underwriter, or other similar party, and that does not control, nor is it controlled by or under common control with, any such party;
(c) That is compensated for its services in connection with the execution of payment agreements, either directly or indirectly, solely by the governmental entity; and
(d) Whose compensation is not based on a percentage of the notional amount of the payment agreement or of the principal amount of any related obligations.
(2) "Governmental entity" means state government or local government.
(3) "Local government" means any city, county, city transportation authority, regional transit authority established under chapter 81.112 RCW, port district, public hospital district, public facilities district, or public utility district, or any joint operating agency formed under RCW 43.52.360, that has or will have outstanding obligations in an aggregate principal amount of at least one hundred million dollars as of the date a payment agreement is executed or is scheduled by its terms to commence or had at least one hundred million dollars in gross revenues during the preceding calendar year.
(4) "Obligations" means bonds, notes, bond anticipation notes, commercial paper, or other obligations for borrowed money, or lease, installment purchase, or other similar financing agreements or certificates of participation in such agreements.
(5) "Payment agreement" means a written agreement which provides for an exchange of payments based on interest rates, or for ceilings or floors on these payments, or an option on these payments, or any combination, entered into on either a current or forward basis.
(6) "State government" means (a) the state of Washington, acting by and through its state finance committee, (b) the Washington health care facilities authority, (c) the Washington higher education facilities authority, (d) the Washington state housing finance commission, or (e) the state finance committee upon adoption of a resolution approving a payment agreement on behalf of any state institution of higher education as defined under RCW 28B.10.016: PROVIDED, That such approval shall not constitute the pledge of the full faith and credit of the state, but a pledge of only those funds specified in the approved agreement.
[ 2005 c 154 s 1; 2004 c 108 s 2; 2003 c 47 s 1; 1993 c 273 s 2.]

catchline: Definitions.


title: RCW 39.96.030

text:
(1) Subject to subsections (2) and (3) of this section, any governmental entity may enter into a payment agreement in connection with, or incidental to, the issuance, incurring, or carrying of specific obligations, for the purpose of managing or reducing the governmental entity's exposure to fluctuations or levels of interest rates. No governmental entity may carry on a business of acting as a dealer in payment agreements. Nothing in this chapter shall be construed to provide governmental entities with separate or additional authority to invest funds or moneys relating to or held in connection with any obligations.
(2) No governmental entity may enter into a payment agreement under this chapter unless it first:
(a) Finds and determines, by ordinance or resolution, that the payment agreement, if fully performed by all parties thereto, will (i) reduce the amount or duration of its exposure to changes in interest rates; or (ii) result in a lower net cost of borrowing with respect to the related obligations;
(b) Obtains, on or prior to the date of execution of the payment agreement, a written certification from a financial advisor that (i) the terms and conditions of the payment agreement and any ancillary agreements, including without limitation, the interest rate or rates and any other amounts payable thereunder, are commercially reasonable in light of then existing market conditions; and (ii) the finding and determination contained in the ordinance or resolution required by (a) of this subsection is reasonable.
(3) Prior to selecting the other party to a payment agreement, a governmental entity shall solicit and give due consideration to proposals from at least two entities that meet the criteria set forth in RCW 39.96.040(2). Such solicitation and consideration shall be conducted in such manner as the governmental entity shall determine is reasonable.
[ 2000 c 184 s 2; 1993 c 273 s 3.]
Notes:
Effective date—2000 c 184: See note following RCW 39.96.010.


title: RCW 39.96.040

text:
(1) Subject to subsections (2), (3), and (4) of this section, payment agreements entered into by any governmental entity may include those payment, term, security, default, remedy, termination, and other terms and conditions, and may be with those parties, as the governmental entity deems reasonably necessary or desirable.
(2) No governmental entity may enter into a payment agreement under this chapter unless:
(a) The other party to the agreement has a rating from at least two nationally recognized credit rating agencies, as of the date of execution of the agreement, that is within the two highest long-term investment grade rating categories, without regard to subcategories, or the payment obligations of the party under the agreement are unconditionally guaranteed by an entity that then has the required ratings; or
(b)(i) The other party to the agreement has a rating from at least two nationally recognized credit rating agencies, as of the date of execution of the agreement, that is within the three highest long-term investment grade rating categories, without regard to subcategories, or the payment obligations of the party under the agreement are unconditionally guaranteed by an entity that has the required ratings; and
(ii) The payment obligations of the other party under the agreement are collateralized by direct obligations of, or obligations the principal and interest on which are guaranteed by, the United States of America, that (A) are deposited with the governmental entity or an agent of the governmental entity; and (B) maintain a market value of not less than one hundred two percent of the net market value of the payment agreement to the governmental entity, as such net market value may be defined and determined from time to time under the terms of the payment agreement.
(3) No governmental entity may enter into a payment agreement with a party who qualifies under subsection (2)(a) of this section unless the payment agreement provides that, in the event the credit rating of the other party or its guarantor falls below the level required by subsection (2)(a) of this section, such party will comply with the collateralization requirements contained in subsection (2)(b) of this section.
(4) No governmental entity may enter into a payment agreement unless:
(a) The notional amount of the payment agreement does not exceed the principal amount of the obligations with respect to which the payment agreement is made; and
(b) The term of the payment agreement does not exceed the final term of the obligations with respect to which the payment agreement is made.
[ 1993 c 273 s 4.]

catchline: Terms and conditions.


title: RCW 39.96.050

text:
(1) Subject to any covenants or agreements applicable to the obligations issued or incurred by the governmental entity, any payments required to be made by the governmental entity under a payment agreement entered into in connection with the issuance, incurring, or carrying of those obligations may be made from money set aside or pledged to pay or secure the payment of those obligations or from any other legally available source.
(2) Any governmental entity may enter into credit enhancement, liquidity, line of credit, or other similar agreements in connection with, or incidental to, the execution of a payment agreement. The credit enhancement, liquidity, line of credit, or other similar agreement may include those payment, term, security, default, remedy, termination, and other terms and conditions, and may be with those parties, as the governmental entity deems reasonably necessary or desirable.
[ 1993 c 273 s 5.]

catchline: Payments—Credit enhancements.


title: RCW 39.96.060

text:
(1) Subject to any covenants or agreements applicable to the obligations issued or incurred by the governmental entity, if the governmental entity enters into a payment agreement with respect to those obligations, then it may elect to treat the amounts payable from time to time with respect to those obligations as the amounts payable after giving effect to the payment agreement for the purposes of calculating:
(a) Rates and charges to be imposed by a revenue-producing enterprise if the revenues are pledged or used to pay those obligations;
(b) Any taxes to be levied and collected to pay those obligation[s]; and
(c) Payments or debt service on those obligations for any other purpose.
(2) A payment agreement and any obligation of the governmental entity to make payments under the agreement in future fiscal years shall not constitute debt or indebtedness of the governmental entity for purposes of state constitutional and statutory debt limitation provisions if the obligation to make any payments is contingent upon the performance of the other party or parties to the agreement, and no moneys are paid to the governmental entity under the payment agreement that must be repaid in future fiscal years.
[ 1993 c 273 s 6.]

catchline: Calculations regarding payment of obligations—Status of payments.


title: RCW 39.96.080

text:
The powers conferred by this chapter are in addition to, and not in substitution for, the powers conferred by any existing law, and the limitations imposed by this chapter do not directly or indirectly modify, limit, or affect the powers conferred by any existing law.
[ 1993 c 273 s 8.]

catchline: Authority cumulative.


title: RCW 39.96.900

text:
This chapter shall be liberally construed to effect its purposes.
[ 1993 c 273 s 9.]

catchline: Liberal construction—1993 c 273.


title: RCW 39.96.903

text:
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 shall take effect immediately [May 7, 1993].
[ 1993 c 273 s 13.]

catchline: Effective date—1993 c 273.


title: RCW 39.98.010

text:
The legislature finds that implementation of the credit enhancement program provided for in this chapter can provide substantial savings to the taxpayers of the state of Washington with minimal cost or risk to the state government. The guaranty provided by pledging the credit of the state to the payment of voter-approved school district general obligation bonds will encourage lower interest rates, and therefore lower taxes, for such bonds than school districts alone can command, despite the excellent credit history of such obligations. Any such guarantee does not remove the debt obligation of the school district and is not state debt.
[ 1999 c 273 s 1.]

catchline: Finding—School district debt obligation not removed.


title: RCW 39.98.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Bond" means any voted general obligation bond issued by a school district, holding a certificate issued pursuant to this chapter for such a bond.
(2) "Credit enhancement program" means the school district bond guaranty established by this chapter.
(3) "General obligation bond" means any bond, note, warrant, certificate of indebtedness, or other obligation of a district that constitutes an indebtedness within the meaning of any applicable constitutional or statutory debt limitations.
(4) "Paying agent" means the paying agent selected, from time to time, for a bond issue pursuant to state law.
(5) "Refunding bond" means any general obligation bond issued by a district for the purpose of refunding its outstanding general obligation bonds.
(6) "School district" or "district" means any school district existing now or later under the laws of the state.
[ 1999 c 273 s 2.]


title: RCW 39.98.030

text:
(1)(a) The full faith, credit, and taxing power of the state is pledged to guarantee full and timely payment of the principal of and interest on bonds as such payments become due. However, in the event of any acceleration of the due date of the principal by reason of mandatory redemption or acceleration resulting from default, the payments guaranteed shall be made in the amounts and at the times as payments of principal would have been due had there not been any acceleration.
(b) This guaranty does not extend to the payment of any redemption premium.
(c) Reference to this chapter by its title on the face of any bond conclusively establishes the guaranty provided to that bond under the provisions of this chapter.
(2)(a) The state pledges to and agrees with the owners of any bonds that the state will not alter, impair, or limit the rights vested by the credit enhancement program with respect to the bonds until the bonds, together with applicable interest, are fully paid and discharged. However, this chapter does not preclude an alteration, impairment, or limitation if full provision is made by law for the payment of the bonds.
(b) Each district may refer to this pledge and undertaking by the state in its bonds.
(3) Only validly issued bonds issued after January 1, 2000, may be guaranteed under this chapter.
[ 1999 c 273 s 3.]

catchline: Bonds guaranteed by full faith, credit, and taxing power of the state—Reference to chapter on face of bond conclusively establishes guaranty.


title: RCW 39.98.040

text:
(1)(a) Any district, by resolution of its board of directors, may request that the state treasurer issue a certificate evidencing the state's guaranty, under this chapter, of its bonds.
(b) After reviewing the request, if the state treasurer determines that the district is eligible under rules adopted by the state finance committee, the state treasurer shall promptly issue the certificate as to specific bonds of the district and provide it to the requesting district.
(c)(i) The district receiving the certificate and all other persons may rely on the certificate as evidencing the guaranty for bonds issued within one year from and after the date of the certificate, without making further inquiry during that year.
(ii) The certificate of eligibility is valid for one year even if the state treasurer later determines that the school district is ineligible.
(2) Any district that chooses to forego the benefits of the guaranty provided by this chapter for a particular issue of bonds may do so by not referring to this chapter on the face of its bonds.
(3) Any district that has bonds, the principal of or interest on which has been paid, in whole or in part, by the state under this chapter, may not issue any additional bonds guaranteed by this chapter until:
(a) All payment obligations of the district to the state under the credit enhancement program are satisfied; and
(b) The state treasurer and the state superintendent of public instruction each certify in writing, to be kept on file by the state treasurer and the state superintendent of public instruction, that the district is fiscally solvent.
(4) The state finance committee may establish by rule fees sufficient to cover the costs of administering this chapter.
[ 1999 c 273 s 4.]

catchline: Certificate issued by state treasurer evidence of guaranty—Limitations on issuance of guaranteed bonds—Fees.


title: RCW 39.98.050

text:
(1)(a) The county treasurer for each district with outstanding, unpaid bonds shall transfer money sufficient for each scheduled debt service payment to its paying agent on or before any principal or interest payment date for the bonds.
(b) A county treasurer who is unable to transfer a scheduled debt service payment to the paying agent on the transfer date shall immediately notify the paying agent and the state treasurer by:
(i) Telephone;
(ii) A writing sent by facsimile or electronic transmission; and
(iii) A writing sent by first-class United States mail.
(2) If sufficient funds are not transferred to the paying agent as required by subsection (1) of this section, the paying agent shall immediately notify the state treasurer of that failure by:
(a) Telephone;
(b) A writing sent by facsimile or electronic transmission; and
(c) A writing sent by first-class United States mail.
(3)(a) If sufficient money to pay the scheduled debt service payment have not been so transferred to the paying agent, the state treasurer shall, forthwith, transfer sufficient money to the paying agent to make the scheduled debt service payment.
(b) The payment by the state treasurer:
(i) Discharges the obligation of the issuing district to its bond owners for the payment, but does not retire any bond that has matured. The terms of that bond remain in effect until the state is repaid; and
(ii) Transfers the rights represented by the general obligation of the district from the bond owners to the state.
(c) The district shall repay to the state the money so transferred as provided in this chapter.
[ 1999 c 273 s 5.]

catchline: Debt service payments—Notifications upon nonpayment—Payments by state treasurer—Repayment.


title: RCW 39.98.060

text:
(1) Any district that has issued bonds for which the state has made all or part of a debt service payment shall:
(a) Reimburse all money drawn by the state treasurer on its behalf;
(b) Pay interest to the state on all money paid by the state from the date that money was drawn to the date the state is repaid at a rate to be prescribed by rule by the state finance committee; and
(c) Pay all penalties required by this chapter.
(2)(a) The state treasurer shall establish the reimbursement interest rate after considering the circumstances of any prior draws by the district on the state, market interest and penalty rates, and the cost of funds or opportunity cost of investments, if any, that were required to be borrowed or liquidated by the state to make payment on the bonds.
(b) The state treasurer may, after considering the circumstances giving rise to the failure of the district to make payment on its bonds in a timely manner, impose on the district a penalty of not more than five percent of the amount paid by the state pursuant to its guaranty for each instance in which a payment by the state is made.
(3)(a)(i) If the state treasurer determines that amounts obtained under this chapter will not reimburse the state in full within one year from the state's payment of a district's scheduled debt service payment, the state treasurer may pursue any legal action, including mandamus, against the district to compel it to meet its repayment obligations to the state.
(ii) In pursuing its rights under (a)(i) of this subsection, the state shall have the same substantive and procedural rights as would a holder of the bonds of a district. If and to the extent that the state has made payments to the holders of bonds of a district under RCW 39.98.050 and has not been reimbursed by the district, the state shall be subrogated to the rights of those bondholders.
(iii) The state treasurer may also direct the district and the appropriate county officials to restructure and revise the collection of taxes for the payment of bonds on which the state treasurer has made payments under this chapter and, to the extent permitted by law, may require that the proceeds of such taxes be applied to the district's obligations to the state if all outstanding obligations of the school district payable from such taxes are fully paid or their payment is fully provided for.
(b) The district shall pay the fees, expenses, and costs incurred by the state in recovering amounts paid under the guaranty authorized by this chapter.
[ 1999 c 273 s 6.]

catchline: Reimbursement of state-paid debt service payments—Interest and penalties—Legal actions—Revision of collection of taxes to meet obligations.


title: RCW 39.98.070

text:
In order to effect the provisions of Article VIII, section 1(e) of the state Constitution, Senate Joint Resolution No. 8206, the legislature shall make provision for such amounts as may be required to make timely payments under the state school district credit enhancement program under this chapter in each and every biennial appropriations act.
[ 1999 c 273 s 7.]

catchline: Appropriation required.


title: RCW 39.98.080

text:
The state finance committee may adopt, under chapter 34.05 RCW, all rules necessary and appropriate for the implementation and administration of this chapter.
[ 1999 c 273 s 8.]

catchline: Adoption of rules.


title: RCW 39.98.900

text:
This act takes effect January 1, 2000, if the proposed amendment to Article VIII, section 1 of the state Constitution, guaranteeing the general obligation debt of school districts, is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not approved and ratified, this act is void in its entirety.
[ 1999 c 273 s 10.]
Notes:
Reviser's note: 1999 Senate Joint Resolution No. 8206 was approved at the November 1999 general election. See Article VIII, section 1 and Amendment 78 of the state Constitution.

catchline: Contingent effective date—1999 c 273.


title: RCW 4.04.010

text:
The common law, so far as it is not inconsistent with the Constitution and laws of the United States, or of the state of Washington 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 s 1; Code 1881 s 1; 1877 p 3 s 1; 1862 p 83 s 1; RRS s 143. Formerly RCW 1.12.030.]

catchline: Extent to which common law prevails.


title: RCW 4.08.030

text:
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 rendered, the spouse or the domestic partner having rendered the services is a necessary party.
[ 2008 c 6 s 407; 1972 ex.s. c 108 s 1; Code 1881 s 6; 1877 p 4 s 6; 1875 p 4 s 2; 1869 p 4 s 6; 1854 p 131 s 5; RRS s 181.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: Either spouse or either domestic partner may sue for community—Necessary parties.


title: RCW 4.08.040

text:
Either spouse or either domestic partner 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 partner 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 s 408; 1972 ex.s. c 108 s 2; Code 1881 s 7; 1877 p 4 s 7; 1875 p 4 s 3; 1854 p 219 s 492; RRS s 182.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.

catchline: When either spouse or either domestic partner may join, defend.


title: RCW 4.08.050

text:
Except as provided under RCW 28A.225.035 and 7.105.100, 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 guardian 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.
[ 2022 c 268 s 32; 2021 c 215 s 89; 1996 c 134 s 7; 1992 c 111 s 9; 1891 c 30 s 1; Code 1881 s 12; 1854 p 132 ss 6, 7; RRS s 187.]
Notes:
Effective dates—2022 c 268: See note following RCW 7.105.010.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—1992 c 111: "The legislature finds that:
Domestic violence is a problem of immense proportions affecting individuals as well as communities. Domestic violence has long been recognized as being at the core of other major social problems: Child abuse, other crimes of violence against person or property, juvenile delinquency, and alcohol and drug abuse. Domestic violence costs millions of dollars each year in the state of Washington for health care, absence from work, services to children, and more. The crisis is growing.
While the existing protection order process can be a valuable tool to increase safety for victims and to hold batterers accountable, specific problems in its use have become evident. Victims have difficulty completing the paperwork required particularly if they have limited English proficiency; model forms have been modified to be inconsistent with statutory language; different forms create confusion for law enforcement agencies about the contents and enforceability of orders. Refinements are needed so that victims have the easy, quick, and effective access to the court system envisioned at the time the protection order process was first created.
When courts issue mutual protection orders without the filing of separate written petitions, notice to each respondent, and hearing on each petition, the original petitioner is deprived of due process. Mutual protection orders label both parties as violent and treat both as being equally at fault: Batterers conclude that the violence is excusable or provoked and victims who are not violent are confused and stigmatized. Enforcement may be ineffective and mutual orders may be used in other proceedings as evidence that the victim is equally at fault.
Valuable information about the reported incidents of domestic violence in the state of Washington is unobtainable without gathering data from all law enforcement agencies; without this information, it is difficult for policymakers, funders, and service providers to plan for the resources and services needed to address the issue.
Domestic violence must be addressed more widely and more effectively in our state: Greater knowledge by professionals who deal frequently with domestic violence is essential to enforce existing laws, to intervene in domestic violence situations that do not come to the attention of the law enforcement or judicial systems, and to reduce and prevent domestic violence by intervening before the violence becomes severe.
Adolescent dating violence is occurring at increasingly high rates: Preventing and confronting adolescent violence is important in preventing potential violence in future adult relationships." [ 1992 c 111 s 1.]

catchline: Guardian ad litem for infant.


title: RCW 4.08.060

text:
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 guardian is an improper person, the court shall appoint one to act as guardian ad litem. Said guardian shall be appointed as follows:
(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 person, 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 publication, 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 s 5; 1899 c 91 s 1; RRS s 188.]
Notes:
Intent—1996 c 249: See note following RCW 2.56.030.

catchline: Guardian ad litem for incapacitated person.


title: RCW 4.08.080

text:
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 judgment, 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 interest therein.
[ 1927 c 87 s 1; 1891 c 30 s 2; Code 1881 s 15; 1879 p 122 s 1; 1854 p 131 s 3; RRS s 191.]

catchline: Action on assigned choses in action.


title: RCW 4.08.100

text:
In any action brought for the recovery of the purchase money against any person holding a contract 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 s 19; 1877 p 6 s 19; 1854 p 219 s 490; RRS s 195.]

catchline: Action to recover purchase money on land—Final judgment.


title: RCW 4.08.110

text:
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 following 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 public corporation;
(4) To recover damages for an injury to the corporate rights or property of such public corporation.
[ 1953 c 118 s 1. Prior: Code 1881 s 661; 1869 p 154 s 601; RRS s 950.]

catchline: Action by public corporations.


title: RCW 4.08.120

text:
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 s 2. Prior: Code 1881 s 662; 1869 p 154 s 602; RRS s 951.]

catchline: Action against public corporations.


title: RCW 4.08.140

text:
When a new party is introduced into an action as a representative or successor of a former party, such new party is entitled to the same summons to be served in the same manner as required for defendants in the commencement of an action.
[ 1957 c 7 s 1. Prior: Code 1881 ss 21, 742; 1877 pp 6 and 151 ss 21, 747; 1873 pp 7 and 176 ss 21, 682; 1869 pp 6 and 172 ss 21, 684; 1863 p 194 s 524; 1860 p 99 s 477; 1854 p 219 s 485; RRS s 197.]
Notes:
Rules of court: Cf. CR 3; CR 5.

catchline: New party entitled to service of summons.


title: RCW 4.08.150

text:
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 discharge 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 s 75; Code 1881 s 22; 1877 p 6 s 22; 1869 p 7 s 22; 1854 p 132 s 12; RRS s 198.]
Notes:
Rules of court: Interpleader—CR 22; Substitution—CR 25.

catchline: Substitution and interpleader.


title: RCW 4.08.160

text:
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, entitled 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 persons, and have their rights, claims, interest, or liens adjudged, determined, and adjusted in such action.
[ 2011 c 336 s 76; 1890 p 93 s 1; RRS s 199.]

catchline: Action to determine conflicting claims to property.


title: RCW 4.08.170

text:
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 complaint, and all other officers shall execute the necessary processes 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 s 77; 1890 p 93 s 2; RRS s 200.]

catchline: Action to determine conflicting claims to property—Disclaimer and deposit in court.


title: RCW 4.08.180

text:
Either of the defendants may set up or show any claim or lien he or she may have to such property, 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 preservation and protection of the rights, interests, or liens of the several parties.
[ 2011 c 336 s 78; 1890 p 94 s 3; RRS s 201.]

catchline: Action to determine conflicting claims to property—Trial of issue.


title: RCW 4.100.010

text:
The legislature recognizes that persons convicted and imprisoned for crimes they did not commit have been uniquely victimized. Having suffered tremendous 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 Washington 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 Washington state to redress the lost years of their lives, and help to address the unique challenges faced by the wrongly convicted after exoneration.
[ 2013 c 175 s 1.]

catchline: Intent.


title: RCW 4.100.015

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Actually innocent" describes a person for whom a preponderance of all the evidence no longer supports a finding that the person engaged in conduct that is the basis for a felony charged in the charging document.
(2) "Significant new exculpatory information" means any information, without regard to its admissibility in court, that:
(a) Supports or is consistent with a person's claim they were wrongly convicted; and
(b) Was not considered by the finder of fact at trial or in a plea hearing before conviction.
(3) "Wrongly convicted" means a person who was charged, convicted, and imprisoned for one or more felonies of which he or she is actually innocent.
[ 2026 c 224 s 1.]

catchline: Definitions.


title: RCW 4.100.030

text:
(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 from the state.
(2) If a person entitled to file a claim under subsection (1) of this section is deceased, 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.
(3) A claim filed under this chapter survives to the personal representative of the claimant as provided in RCW 4.20.046.
(4) All claims under this chapter must be filed in superior court. The venue for such actions is governed by RCW 4.12.020.
(5) Service of the summons and complaint is governed by RCW 4.28.080.
[ 2026 c 224 s 2; 2013 c 175 s 3.]

catchline: Claims—Filing procedure.


title: RCW 4.100.040

text:
(1) In order to file an actionable claim for compensation under this chapter, the claim must not be time barred under RCW 4.100.090 and the claimant must state facts and provide documentation in sufficient detail for the finder of fact to determine by a preponderance of the evidence that:
(a) The claimant has been convicted of one or more felonies in superior court and subsequently sentenced to a term of imprisonment, and has served all or part of the sentence;
(b) The claimant did not engage in the conduct that is the basis for a felony charged in the charging document;
(c) The claimant did not commit or suborn perjury or fabricate evidence to cause or bring about the conviction. Any form of guilty plea to a crime the claimant did not commit, or a confession that is false or illegally obtained, does not constitute perjury or fabricated evidence under this subsection;
(d) The claimant is not currently incarcerated for any offense; and
(e) During the period of confinement or civil detention for which the claimant is seeking compensation, the claimant was not serving a term of imprisonment or a concurrent sentence for any crime other than the felony or felonies that are the basis for the claim.
(2) In addition to the requirements of subsection (1) of this section, the claimant must state facts and present documentation in sufficient detail for the finder of fact to determine by a preponderance of the evidence that:
(a) The claimant has received a pardon, commutation, or reprieve on grounds consistent with innocence for the felony or felonies that are the basis for the claim; or
(b) The claimant's judgment of conviction was reversed or vacated following the presentation or development of significant new exculpatory information, and:
(i) The claimant was not retried and the charges were dismissed;
(ii) The claimant maintained their innocence and entered a plea pursuant to North Carolina v. Alford, 400 U.S. 25 (1970) or State v. Newton, 87 Wn.2d 363 (1976); or
(iii) The claimant was retried and not convicted.
(3) Convictions vacated, overturned, or subject to resentencing pursuant to In re: Personal Detention of Andress, 147 Wn.2d 602 (2002) or State of Washington v. Blake, 197 Wn.2d 170 (2021) may not serve as the basis for a claim under this chapter unless the claimant otherwise satisfies the qualifying criteria set forth under RCW 4.100.030 and this section.
(4) The claimant must verify the claim unless he or she is deceased or incapacitated, in which case the personal representative or agent filing on behalf of the claimant must verify the claim.
(5)(a) The attorney general may concede that the claimant was wrongly convicted at any time, in which case the court must award compensation as provided in RCW 4.100.060.
(b) The attorney general must concede that the claimant was wrongly convicted if the claim meets the criteria set forth in subsection (1) of this section, except in the following circumstances where the attorney general may request an evidentiary hearing for the judge to assess the credibility or evidentiary value of the significant new exculpatory information in order to do further analysis to evaluate the claim:
(i) The conviction was reversed or vacated as part of postconviction proceedings based on the presentation of significant new exculpatory information, but no evidentiary hearing was held in court as part of the proceedings; or
(ii) The significant new exculpatory information is a recantation, and there has not been a judicial finding of credibility.
(c) If the attorney general does not concede the claim 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 or enter summary judgment in favor of the state, either on its own motion or on the motion of the attorney general.
(6) Claims under this chapter must be evaluated at all stages of the proceeding in a manner that promotes the remedial purpose of this chapter.
(7) If the court dismisses the claim or enters summary judgment in favor of the state, the court must set forth the reasons for its decision in written findings of fact and conclusions of law.
[ 2026 c 224 s 3; 2013 c 175 s 4.]

catchline: Claims—Evidence, determinations required—Dismissal of claim.


title: RCW 4.100.050

text:
Any party is entitled to the rights of appeal afforded parties in a civil action following a decision on such motions. If the claimant appeals the dismissal of a claim, review of the superior court action is de novo. If the state appeals a judgment in favor of a claimant and the claimant ultimately prevails, interest shall accrue from the date the judgment was entered pursuant to RCW 4.56.115.
[ 2026 c 224 s 4; 2013 c 175 s 5.]

catchline: Appeals.


title: RCW 4.100.060

text:
(1) In order to obtain a judgment 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 or civil detention for which the claimant is seeking compensation, the claimant was not serving 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 received a pardon, commutation, or reprieve on grounds consistent 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 following the development or presentation of significant new exculpatory information and:
(A) The claimant was not retried and the charges were dismissed;
(B) The claimant maintained their innocence and entered a plea pursuant to North Carolina v. Alford, 400 U.S. 25 (1970) or State v. Newton, 87 Wn.2d 363 (1976); or
(C) The claimant was retried and not convicted;
(d) A preponderance of the evidence no longer supports a finding that the claimant engaged in the conduct charged as a felony 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 conviction. Any form of guilty plea to a crime the claimant did not commit, or a confession that is false or illegally obtained, does not constitute perjury or fabricated evidence 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 finder of fact must give due consideration to difficulties of proof caused by the passage of time or by release of evidence, the death or unavailability of witnesses, the destruction of evidence, or other factors not caused by the claimant.
(4) The claimant may not be compensated for any period of time in which he or she was serving a term of imprisonment or a concurrent sentence or civil detention 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 compensation award, as adjusted for partial years served and to account for inflation from July 28, 2013:
(a) $50,000 for each year of actual confinement including time spent awaiting trial or in civil detention resulting only from the wrongful conviction, and an additional $50,000 for each year served under a sentence of death;
(b) $25,000 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;
(c) Compensation for child support payments owed by 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 services for disbursement under Title 26 RCW; and
(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.
(6) The court shall award to a prevailing claimant attorneys' fees calculated at 10 percent of the monetary damages awarded under subsection (5)(a) and (b) of this section, plus expenses. However, attorneys' fees and expenses may not exceed $75,000. Attorneys' fees and expenses may not be deducted from the compensation award due to the claimant and counsel is not entitled to receive additional fees or expenses 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.
(7) A compensation award under this chapter may not include any punitive damages.
(8) The court may not offset the compensation award by any expenses incurred by the state, the county, or any political 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 value of any services or reduction in fees for services to be provided to the claimant as part of the award under this section.
(9) The compensation award is not income for tax purposes, except attorneys' fees awarded under this section.
(10)(a) Upon finding that the claimant was wrongly convicted, the court must seal the claimant's record of conviction.
(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.
(11) Upon request of the claimant, the court must refer the claimant to the department of corrections or the department of social and health services for access to reentry services, if available, including but not limited to the community-based transition programs and long-term support programs for housing, education, mentoring, life skills training, assessment, job skills development, mental health, and substance abuse treatment.
(12) The claimant or the attorney general may initiate and agree to a claim with a structured settlement for the compensation awarded under 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 structured 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.
(13) Before approving any structured settlement agreement, 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 a lump sum compensation award under 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
(c) The number and age of the claimant's dependents.
[ 2026 c 224 s 5; 2013 c 175 s 6.]

catchline: Compensation awards—Amounts—Proof required—Reentry services.


title: RCW 4.100.070

text:
(1) On or after July 28, 2013, when a court grants judicial relief, such as reversal and vacation of a person's conviction, consistent with the criteria established in RCW 4.100.040, the court must provide to the claimant a copy of this chapter and RCW 28B.15.395 and 72.09.750 at the time the relief is granted.
(2) The clemency and pardons board or the indeterminate sentence review board, whichever is applicable, upon issuance of a pardon, commutation, or reprieve by the governor on grounds consistent with innocence on or after July 28, 2013, must provide a copy of this chapter and RCW 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 provided with the information, he or she has an additional three years, beyond the statute of limitations under RCW 4.100.090, to bring a claim under this chapter.
[ 2026 c 224 s 6; 2013 c 175 s 7.]

catchline: Provision of information—Statute of limitations extension.


title: RCW 4.100.080

text:
(1) It is the intent of the legislature that the monetary compensation calculated under this chapter shall establish the monetary minimum compensation owed to a claimant pursuant to a wrongful conviction. If the claimant is awarded compensation under this chapter and receives a tort award from the state or any political subdivision of the state related to his or her wrongful conviction, 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 (d) and (6); 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 certain 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.
[ 2026 c 224 s 7; 2013 c 175 s 8.]

catchline: Compensation as monetary minimum—Admissibility of agreements.


title: RCW 4.100.090

text:
(1) Except as provided in RCW 4.100.070, an action for compensation under this chapter must be commenced within six years after the grant of a pardon or other executive relief, the grant of judicial relief and satisfaction of other conditions described in this chapter, or release from custody, whichever is later. Any action by the state challenging or appealing the grant of judicial relief or release from custody shall toll the six-year period.
(2) Any person meeting the criteria set forth in this chapter who was wrongly convicted before June 11, 2026, who maintained his or her innocence and entered a plea pursuant to North Carolina v. Alford, 400 U.S. 25 (1970) or State v. Newton, 87 Wn.2d 363 (1976) may commence an action under this chapter within three years after June 11, 2026.
(3) Any person whose claim for compensation under this chapter was denied pursuant to RCW 4.100.080 as it existed prior to amendment by section 7, chapter 224, Laws of 2026 may file a motion to have the claim reconsidered within one year after June 11, 2026.
[ 2026 c 224 s 8; 2013 c 175 s 9.]

catchline: Actions for compensation—Deadlines for commencing.


title: RCW 4.105.010

text:
(1) In this section:
(a) "Goods or services" does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work.
(b) "Governmental unit" means a public corporation or government or governmental subdivision, agency, or instrumentality.
(c) "Person" means an individual, estate, trust, partnership, business or nonprofit entity, governmental unit, or other legal entity.
(2) Except as otherwise provided in subsection (3) of this section, this chapter applies to a cause of action asserted in a civil action against a person based on the person's:
(a) Communication in a legislative, executive, judicial, administrative, or other governmental proceeding;
(b) Communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding;
(c) Exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States Constitution or Washington state Constitution, on a matter of public concern.
(3)(a) Except when (b) of this subsection applies, this chapter does not apply to a cause of action asserted:
(i) Against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity;
(ii) By a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety;
(iii) Against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services;
(iv) Against a person named in a civil suit brought by a victim of a crime against a perpetrator;
(v) Against a person named in a civil suit brought to establish or declare real property possessory rights, use of real property, recovery of real property, quiet title to real property, or related claims relating to real property;
(vi) Seeking recovery for bodily injury, wrongful death, or survival or to statements made regarding that legal action, unless the claims involve damage to reputation;
(vii) Brought under the insurance code or arising out of an insurance contract;
(viii) Based on a common law fraud claim;
(ix) Brought under Title 26 RCW, or counterclaims based on a criminal no-contact order pursuant to chapter 10.99 RCW, for or based on an antiharassment order under *chapter 10.14 RCW or RCW 9A.46.050, for or based on a sexual assault protection order under *chapter 7.90 RCW, or for or based on a vulnerable adult protection order under chapter 74.34 RCW;
(x) Brought under Title 49 RCW; negligent supervision, retention, or infliction of emotional distress unless the claims involve damage to reputation; wrongful discharge in violation of public policy; whistleblowing, including chapters 42.40 and 42.41 RCW; or enforcement of employee rights under civil service, collective bargaining, or handbooks and policies;
(xi) Brought under the consumer protection act, chapter 19.86 RCW; or
(xii) Any claim brought under federal law.
(b) This chapter applies to a cause of action asserted under (a)(iii), (viii), or (xi) of this subsection when the cause of action is:
(i) A legal action against a person arising from any act of that person, whether public or private, related to the gathering, receiving, posting, or processing of information for communication to the public, whether or not the information is actually communicated to the public, for the creation, dissemination, exhibition, or advertisement or other similar promotion of a dramatic, literary, musical, political, journalistic, or otherwise artistic work, including audiovisual work regardless of the means of distribution, a motion picture, a television or radio program, or an article published in a newspaper, website, magazine, or other platform, no matter the method or extent of distribution; or
(ii) A legal action against a person related to the communication, gathering, receiving, posting, or processing of consumer opinions or commentary, evaluations of consumer complaints, or reviews or ratings of businesses.
[ 2021 c 259 s 2.]
Notes:
*Reviser's note: Chapters 7.90 and 10.14 RCW were repealed by 2021 c 215 s 170, effective July 1, 2022. For later enactment, see chapter 7.105 RCW.

catchline: Application of chapter.


title: RCW 4.105.020

text:
(1) Prior to filing a special motion for expedited relief under subsection (2) of this section, the moving party shall provide written notice to the responding party of its intent to file the motion at least 14 days prior to filing the motion. During that time, the responding party may withdraw or amend the pleading in accordance with applicable court rules, but shall otherwise comply with the stay obligations listed in RCW 4.105.030. If the moving party fails to provide the notice required under this subsection, such failure shall not affect the moving party's right to relief under this chapter, but the moving party shall not be entitled to recover reasonable attorneys' fees under RCW 4.105.090.
(2) Not later than sixty days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action.
[ 2021 c 259 s 3.]

catchline: Special motion for expedited relief.


title: RCW 4.105.030

text:
(1) Except as otherwise provided in subsections (4) through (7) of this section, on the earlier of the giving of notice of intent to file a motion under RCW 4.105.020(1) or the filing of a motion under RCW 4.105.020(2):
(a) All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and
(b) On motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under RCW 4.105.020.
(2) A stay under subsection (1) of this section remains in effect until entry of an order ruling on the motion under RCW 4.105.020 and expiration of the time under RCW 4.105.080 for the moving party to appeal the order.
(3) Except as otherwise provided in subsections (5), (6), and (7) of this section, if a party appeals from an order ruling on a motion under RCW 4.105.020, all proceedings between all parties in the action are stayed. The stay remains in effect until the conclusion of the appeal.
(4) During a stay under subsection (1) of this section, the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under RCW 4.105.060(1) and the information is not reasonably available unless discovery is allowed.
(5) A motion under RCW 4.105.090 for costs, attorneys' fees, and expenses is not subject to a stay under this section.
(6) A stay under this section does not affect a party's ability voluntarily to dismiss a cause of action or part of a cause of action or move to sever a cause of action.
(7) During a stay under this section, the court for good cause may hear and rule on:
(a) A motion unrelated to the motion under RCW 4.105.020; and
(b) A motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.
[ 2021 c 259 s 4.]

catchline: Stay.


title: RCW 4.105.040

text:
(1) The court shall hear a motion under RCW 4.105.020 not later than sixty days after filing of the motion, unless the court orders a later hearing:
(a) To allow discovery under RCW 4.105.030(4); or
(b) For other good cause.
(2) If the court orders a later hearing under subsection (1)(a) of this section, the court shall hear the motion under RCW 4.105.020 not later than sixty days after the court order allowing the discovery, unless the court orders a later hearing under subsection (1)(b) of this section.
[ 2021 c 259 s 5.]

catchline: Hearing.


title: RCW 4.105.050

text:
In ruling on a motion under RCW 4.105.020, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under superior court civil rule 56.
[ 2021 c 259 s 6.]

catchline: Proof.


title: RCW 4.105.060

text:
(1) In ruling on a motion under RCW 4.105.020, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:
(a) The moving party establishes under RCW 4.105.010(2) that this chapter applies;
(b) The responding party fails to establish under RCW 4.105.010(3) that this chapter does not apply; and
(c) Either:
(i) The responding party fails to establish a prima facie case as to each essential element of the cause of action; or
(ii) The moving party establishes that:
(A) The responding party failed to state a cause of action upon which relief can be granted; or
(B) There is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.
(2) A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under RCW 4.105.020 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorneys' fees, and expenses under RCW 4.105.090.
(3) A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under RCW 4.105.020 establishes for the purpose of RCW 4.105.090 that the moving party prevailed on the motion.
[ 2021 c 259 s 7.]

catchline: Dismissal of cause of action in whole or part.


title: RCW 4.105.070

text:
The court shall rule on a motion under RCW 4.105.020 not later than sixty days after a hearing under RCW 4.105.040.
[ 2021 c 259 s 8.]

catchline: Ruling.


title: RCW 4.105.080

text:
A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under RCW 4.105.020. The appeal must be filed not later than twenty-one days after entry of the order.
[ 2021 c 259 s 9.]

catchline: Appeal.


title: RCW 4.105.090

text:
On a motion under RCW 4.105.020, the court shall award court costs, reasonable attorneys' fees, and reasonable litigation expenses related to the motion:
(1) To the moving party if the moving party prevails on the motion; or
(2) To the responding party if the responding party prevails on the motion and the court finds that the motion was not substantially justified or filed solely with intent to delay the proceeding.
[ 2021 c 259 s 10.]

catchline: Costs, attorneys' fees, and expenses.


title: RCW 4.105.900

text:
This chapter may be known and cited as the uniform public expression protection act.
[ 2021 c 259 s 1.]

catchline: Short title.


title: RCW 4.105.901

text:
This chapter must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution or the Washington state Constitution.
[ 2021 c 259 s 11.]

catchline: Construction.


title: RCW 4.105.902

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2021 c 259 s 12.]

catchline: Uniformity of application and construction.


title: RCW 4.105.903

text:
This chapter applies to a civil action filed or cause of action asserted in a civil action on or after July 25, 2021.
[ 2021 c 259 s 13.]

catchline: Application—Transitional provision.


title: RCW 4.12.010

text:
Actions for the following causes shall be commenced 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 partition of, for the foreclosure of a mortgage on, or for the determination 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 s 47; 1877 p 11 s 48; 1869 p 12 s 48; 1860 p 7 s 15; 1854 p 133 s 13; RRS s 204.]

catchline: Actions to be commenced where subject is situated.


title: RCW 4.12.020

text:
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, 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 s 2; 1941 c 81 s 1; Code 1881 s 48; 1877 p 11 s 49; 1869 p 12 s 49; 1860 p 7 s 16; 1854 p 133 s 14; Rem. Supp. 1941 s 205.]

catchline: Actions to be tried in county where cause arose.


title: RCW 4.12.025

text:
(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 commencement of the action. For the purpose of this section, the residence 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 business 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 district in which the check was issued or presented as payment.
(3) The venue of any action brought against a corporation, 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 residence.
[ 1998 c 56 s 1; 1985 c 68 s 2; 1983 c 31 s 1; 1965 c 53 s 168; 1927 c 173 s 1; RRS s 205-1. Prior: 1909 c 42 s 1; Code 1881 s 49; 1877 p 11 s 50; 1869 p 13 s 50; 1860 p 101 s 488; 1854 p 220 s 494.]

catchline: 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.


title: RCW 4.12.030

text:
The court may, on motion, in the following cases, change the place of trial when it appears by affidavit, or other satisfactory 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 justice 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 proceeding.
[ 2011 c 336 s 79; Code 1881 s 51; 1877 p 12 s 52; 1875 p 6 s 8; 1869 p 13 s 52; 1854 p 134 s 16; RRS s 209.]

catchline: Grounds authorizing change of venue.


title: RCW 4.12.040

text:
(1) No judge of a superior court of the state of Washington shall sit to hear or try any action or proceeding if that judge has been disqualified pursuant to RCW 4.12.050. 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 notice of disqualification 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 notice 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 districts 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 adjudications filed under chapter 90.03 or 90.44 RCW. Disqualification of judges in water right adjudications is governed by RCW 90.03.620.
[ 2017 c 42 s 1; 2009 c 332 s 19; 1989 c 15 s 1; 1961 c 303 s 1; 1927 c 145 s 1; 1911 c 121 s 1; RRS s 209-1.]
Notes:
Application—2009 c 332: See note following RCW 90.03.110.
Criminal proceedings, venue and jurisdiction: Chapter 10.25 RCW.

catchline: Disqualification of judge, transfer to another department, visiting judge—Change of venue generally, criminal cases.


title: RCW 4.12.050

text:
(1) Any party to or any attorney appearing in any action or proceeding in a superior court may disqualify a judge from hearing the matter, subject to these limitations:
(a) Notice of disqualification must be filed and called to the attention of the judge before the judge has made any discretionary ruling in the case.
(b) In counties with only one resident judge, the notice of disqualification must be filed not later than the day on which the case is called to be set for trial.
(c) A judge who has been disqualified under this section may decide such issues as the parties agree in writing or on the record in open court.
(d) No party or attorney is permitted to disqualify more than one judge in any matter under this section and RCW 4.12.040.
(2) Even though they may involve discretion, the following actions by a judge do not cause the loss of the right to file a notice of disqualification against that judge: Arranging the calendar, setting a date for a hearing or trial, ruling on an agreed continuance, issuing an arrest warrant, presiding over criminal preliminary proceedings under CrR 3.2.1, arraigning the accused, fixing bail, and presiding over juvenile detention and release hearings under JuCR 7.3 and 7.4.
(3) This section does not apply to water right adjudications filed under chapter 90.03 or 90.44 RCW. Disqualification of judges in water right adjudications is governed by RCW 90.03.620.
[ 2017 c 42 s 2; 2009 c 332 s 20; 1941 c 148 s 1; 1927 c 145 s 2; 1911 c 121 s 2; Rem. Supp. 1941 s 209-2.]
Notes:
Rules of court: Demurrers abolished—CR 7(c).
Application—2009 c 332: See note following RCW 90.03.110.

catchline: Notice of disqualification.


title: RCW 4.12.060

text:
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 commenced, 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 s 52; 1877 p 12 s 53; 1869 p 14 s 53; RRS s 210.]

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


title: RCW 4.12.070

text:
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 affidavit 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 thereupon 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 s 80; 1891 c 33 s 2; Code 1881 s 53; 1877 p 12 s 54; 1869 p 14 s 54; 1854 p 377 s 2; RRS s 211.]

catchline: Change to newly created county.


title: RCW 4.12.080

text:
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 s 55; 1877 p 13 s 56; RRS s 216.]

catchline: Change by stipulation.


title: RCW 4.12.090

text:
(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 changing 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 commenced therein.
(2) In acting on any motion for dismissal without prejudice in a case where a motion for change of venue under subsection (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 defendant 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 s 11; 1969 ex.s. c 144 s 1; Code 1881 s 54; 1877 p 12 s 55; 1875 p 7 s 10; 1869 p 14 ss 55, 56; RRS s 215.]
Notes:
Intent—2005 c 457: See note following RCW 43.08.250.

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


title: RCW 4.12.100

text:
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 s 58; 1877 p 13 s 59; RRS s 219.]

catchline: Transcript of record entries.


title: RCW 4.12.110

text:
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 thereafter no other change of the place of trial shall be allowed to such party.
[Code 1881 s 56; 1877 p 13 s 57; 1869 p 15 s 57; 1854 p 135 s 21; RRS s 217.]

catchline: Effect of neglect of moving party.


title: RCW 4.12.120

text:
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 s 57; 1877 p 13 s 58; 1869 p 15 s 58; 1854 p 135 s 22; RRS s 218.]

catchline: Change deemed complete, when.


title: RCW 4.14.010

text:
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 liable 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 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 s 6; 1967 ex.s. c 46 s 4.]

catchline: Removal of certain actions from justice court to superior court authorized—Grounds—Joint claims or actions—Exceptions.


title: RCW 4.14.020

text:
(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, pleadings and orders served upon him, her, or them in such action.
(2) The petition for removal of a civil action or proceeding shall be filed within twenty days after the receipt by the defendant, through service or otherwise, of a copy of the initial 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 defendant 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 s 81; 1967 ex.s. c 46 s 5.]


title: RCW 4.14.030

text:
In any case removed from justice court under the provisions of this chapter, the superior court may issue all necessary orders and process 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 s 6.]

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


title: RCW 4.14.040

text:
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 s 7.]

catchline: Attached property—Custody.


title: RCW 4.16.005

text:
Except as otherwise provided in this chapter, and except when in special cases a different limitation is prescribed by a statute not contained 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 s 1.]

catchline: Commencement of actions.


title: RCW 4.16.020

text:
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 plaintiff, 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 extraterritorial court of the United States, unless the period is extended under RCW 6.17.020 or a similar provision in another jurisdiction.
(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 s 2; 1994 c 189 s 2; 1989 c 360 s 1; 1984 c 76 s 1; 1980 c 105 s 1; Code 1881 s 26; 1877 p 7 s 26; 1854 p 363 s 2; RRS s 156.]
Notes:
Application—1980 c 105: "This act shall apply to all judgments which have not expired before June 12, 1980." [ 1980 c 105 s 7.]
Adverse possession
limitation tolled when personal disability: RCW 7.28.090.
recovery of realty, limitation: RCW 7.28.050.

catchline: Actions to be commenced within ten years—Exception.


title: RCW 4.16.030

text:
An action to collect any special assessment for local improvements 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 s 1; Rem. Supp. 1945 s 10322C-1.]
Notes:
Actions brought by code city: RCW 35A.21.200.
Actions to foreclose special assessments in cities or towns: RCW 35.50.050.

catchline: Actions to foreclose special assessments.


title: RCW 4.16.040

text:
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 s 3; 2007 c 124 s 1; 1989 c 38 s 1; 1980 c 105 s 2; 1927 c 137 s 1; Code 1881 s 27; 1854 p 363 s 3; RRS s 157.]
Notes:
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 s 2.]
Application—1980 c 105: See note following RCW 4.16.020.

catchline: Actions limited to six years.


title: RCW 4.16.050

text:
Action to enforce any right arising out of the issuance 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 issuance of such warrant.
[ 1931 c 75 s 1; RRS s 157-1.]
Notes:
Reviser's note: Transitional proviso omitted. The proviso reads: "PROVIDED, 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".

catchline: Action on irrigation or drainage district warrant.


title: RCW 4.16.060

text:
No action against any irrigation district organized under the laws of this state, or its officers, to enforce any right or claim arising 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 s 1; RRS s 157-2.]
Notes:
Reviser's note: Transitional proviso omitted. The proviso reads: "PROVIDED, That this section shall not apply to actions not otherwise barred on such irrigation district bonds heretofore issued, if the same shall be commenced within six (6) months after the taking effect of this act".

catchline: Action on irrigation district bonds.


title: RCW 4.16.070

text:
No action for the recovery of any real estate sold by an executor or administrator 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 termination of the guardianship, except that minors, and other persons 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 s 82; 1890 p 81 s 1; RRS s 158. Prior: 1863 p 245 ss 251, 252; 1860 p 205 ss 217, 218; 1854 p 290 ss 137, 138.]
Notes:
Age of majority: Chapter 26.28 RCW.
Probate
actions by and against executors, etc.: Chapter 11.48 RCW.
sales and mortgages of real estate: Chapter 11.56 RCW; RCW 11.60.010.
Sales not voided by irregularities: RCW 11.56.115.

catchline: Actions limited to five years.


title: RCW 4.16.080

text:
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 constituting 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 misappropriation 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: PROVIDED, HOWEVER, The cause of action for such misappropriation, 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 complete, 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 s 83; 1989 c 38 s 2; 1937 c 127 s 1; 1923 c 28 s 1; Code 1881 s 28; 1869 p 8 s 28; 1854 p 363 s 4; RRS s 159.]
Notes:
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;".

catchline: Actions limited to three years.


title: RCW 4.16.090

text:
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 s 1; 1907 c 173 s 1; Rem. Supp. 1949 s 162.]
Notes:
Reviser's note: Transitional proviso omitted. The proviso reads: "PROVIDED, This act shall not apply to actions not otherwise barred on deeds heretofore issued if the same be commenced within one year after the passage of this act".

catchline: Action to cancel tax deed.


title: RCW 4.16.100

text:
Within two years:
(1) An action for libel, slander, assault, assault and battery, or false imprisonment.
(2) An action upon a statute for a forfeiture or penalty to the state.
[Code 1881 s 29; 1877 p 8 s 29; 1869 p 9 s 29; 1854 p 363 s 5; RRS s 160.]
Notes:
Limitation of action for recovery of transportation charges: RCW 81.28.270.

catchline: Actions limited to two years.


title: RCW 4.16.110

text:
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 s 2. Prior: 1984 c 149 s 1; Code 1881 s 30; 1877 p 8 s 30; 1869 p 9 s 30; 1854 p 364 s 5; RRS s 161.]
Notes:
Reviser's note: 1985 c 11 reenacted RCW 4.16.110 and 4.16.370 without amendment.
Short title—Application—1985 c 30: See RCW 11.02.900 and 11.02.901.
Purpose—1985 c 11: "The purpose of this act is to make technical corrections 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 s 1.]
Severability—1985 c 11: "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." [ 1985 c 11 s 4.]
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
Sheriff, civil liability: RCW 36.28.150.

catchline: Actions limited to one year.


title: RCW 4.16.115

text:
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 commenced 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 s 31; 1854 p 364 s 6; RRS s 163. Formerly RCW 4.16.140. Cf. Code 1881 s 31.]
Notes:
Reviser's note: "one year" appeared in Laws of 1854 and 1877; "three years" appears in Code of 1881.

catchline: Special provisions for action on penalty.


title: RCW 4.16.130

text:
An action for relief not hereinbefore provided for, shall be commenced within two years after the cause of action shall have accrued.
[Code 1881 s 33; 1877 p 9 s 32; 1854 p 364 s 7; RRS s 165.]
Notes:
Limitation of action to recover taxes paid: RCW 84.68.060.

catchline: Action for relief not otherwise provided for.


title: RCW 4.16.150

text:
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 s 34; 1877 p 9 s 33; 1869 p 10 s 33; 1854 p 364 s 8; RRS s 166.]

catchline: Action on mutual open accounts.