title: RCW 7.105.900

text:
(1) Washington state has been a national leader in adopting legal protections to prevent and respond to abuse, violence, harassment, stalking, neglect, or other threatening behavior, through the enactment of different types of civil protection orders, which are intended to provide a fast, efficient means to obtain protection against perpetrators of these harms.
(2) Washington state has enacted six different types of civil protection orders: (a) Domestic violence protection orders, adopted by the legislature in 1984; (b) vulnerable adult protection orders, adopted by the legislature in 1986; (c) antiharassment protection orders, adopted by the legislature in 1987; (d) sexual assault protection orders, adopted by the legislature in 2006; (e) stalking protection orders, adopted by the legislature in 2013; and (f) extreme risk protection orders, enacted by a vote of the people through Initiative Measure No. 1491 in 2016.
(3) These civil protection orders are essential tools designed to address significant harms impacting individuals as well as communities. The legislature finds that:
(a) Domestic violence is a problem of immense proportions. About 15 percent of Washington adults report experiencing domestic violence in their lifetime, and women, low-income people, and black and indigenous communities experience higher rates of domestic violence. When domestic violence victims seek to separate from their abuser, they face increased risks. Forty-five percent of domestic violence homicides occur within 90 days of a recent separation, while 75 percent occur within the first six months of separation. Domestic violence victims also face increased risks when their abuser has access to firearms. Firearms are used to commit more than half of all intimate partner homicides in the United States. When an abusive partner has access to a gun, a domestic violence victim is 11 times more likely to be killed. Domestic violence has long been recognized as being at the core of other major social problems: Child abuse, other crimes of violence against persons or property, homelessness, and alcohol and drug abuse. Research has identified that adverse childhood experiences such as exposure to domestic violence have long-term negative impacts on health, well-being, and life outcomes, including criminal legal system involvement. Washington state studies have found that domestic violence is the most predictive of future violent crime by the perpetrator. Nationwide, domestic violence costs over $460,000,000,000 each year for health care, absence from work, services to children, and more. Adolescent dating violence is occurring at increasingly high rates, and preventing and confronting adolescent violence is important in preventing future violence in adult relationships. Domestic violence should not be minimized or dismissed based on any mental health diagnoses of the perpetrator or the victim. To the contrary, the presence of mental health concerns or substance use of either party increases the likelihood of serious injury and lethality. The legislature finds that it is in the public interest to improve the lives of persons being victimized by the acts and dynamics of domestic violence, to require reasonable, coordinated measures to prevent domestic violence from occurring, and to respond effectively to secure the safety of survivors of domestic violence;
(b) Sexual assault is the most heinous crime against another person short of murder. Sexual assault inflicts humiliation, degradation, and terror on victims. The perpetrator's age, gender, or relationship does not define the seriousness. According to the centers for disease control and prevention, one in six men, one in three women, and one in two nonbinary persons will experience sexual violence in their lifetime. Because of the stigma of a sexual assault and trauma, many victims are afraid or are not ready to report to law enforcement and go through the rigors of the criminal justice process. Individuals with disabilities; black and indigenous communities; and lesbian, gay, bisexual, transgender, queer, and other individuals experience a higher rate of sexual violence. Experiencing a sexual assault is itself a reasonable basis for ongoing fear. Rape is recognized as the most underreported crime; estimates suggest that only one in seven rapes is reported to authorities. Victims who do not report the crime still may need to seek safety and protection from future interactions with the perpetrator and have a right to such safety and protection. Some cases where rape is reported are not prosecuted or do not lead to a conviction. A victim should be able to expediently seek a civil remedy requiring that the perpetrator stay away from the victim, independent of the criminal process and regardless of whether related criminal charges are pending;
(c) Stalking is a crime that affects 3,400,000 people over the age of 18 each year in the United States. Almost half of victims experience at least one unwanted contact per week. 29 percent of stalking victims fear that the stalking will never stop. The prevalence of anxiety, insomnia, social dysfunction, and severe depression is much higher among stalking victims than among the general population. Research shows that stalking is a significant indication of future lethality. Increased access to technology has also increased methods of stalking. Stalking is distinct from common acts of harassment or nuisance covered by antiharassment orders, and law enforcement agencies need to be able to rely on orders that distinguish stalking from acts of harassment or nuisance. Victims who do not report the stalking behavior they are experiencing still may need safety and protection from future interactions with the perpetrator through expedient access to the civil court system, and this protection can be accomplished without infringing on constitutionally protected speech or activity;
(d) Serious, personal harassment through invasions of a person's privacy by an act, acts, or words showing an intent to coerce, intimidate, or humiliate the victim is increasing. The legislature finds the prevention of such harassment is an important governmental objective, and that victims should have access to a method to prevent further contact between the victim and perpetrator. A person may be targeted for harassing behavior due to his or her identity, such as age, gender, sexual orientation, race, religion, disability, or immigration status. The legislature finds that unlawful harassment directed at a child by a child is not acceptable and can have serious consequences, but that some negative interactions between young people, especially in schools, do not rise to the level of unlawful harassment. It is the intent of the legislature that a protection order sought by the parent or guardian of a child as provided for in this chapter be available only when the alleged behavior of the person under the age of 18 to be restrained rises to the level set forth in this chapter;
(e) Some adults are vulnerable and may be subject to abuse, neglect, financial exploitation, or abandonment by a family member, care provider, or other person who has a relationship with the vulnerable adult. A vulnerable adult may have physical disabilities, mobility issues, or be otherwise unable to represent himself or herself in court or to retain legal counsel in order to obtain the relief available under this chapter or other protections offered through the courts. A vulnerable adult may lack the ability to perform or obtain those services necessary to maintain his or her well-being because he or she lacks the capacity for consent, and may have health problems that place him or her in a dependent position. The legislature finds the legal tool of protection orders will help prevent abuse, neglect, exploitation, or abandonment of vulnerable adults; and
(f) Every year, over 100,000 persons in our country are victims of gunshot wounds and 38,000 individuals lose their lives from gun violence. On average, there are over 100 gun deaths each day, 61 percent of which are suicides. In Washington state, the suicide rate is on average 10 percent higher. Extreme risk protection orders allow for the temporary removal of the most lethal means of suicide from the situation, saving lives of those at risk. Studies show that individuals who engage in certain dangerous behaviors are significantly more likely to commit violence toward themselves or others in the near future. These behaviors, which can include other acts or threats of violence, self-harm, or the abuse of drugs or alcohol, are warning signs that the person may soon commit an act of violence. Individuals who pose a danger to themselves or others often exhibit signs that alert family, household members, or law enforcement to the threat. Restricting firearms access in these moments of crisis is an important way to prevent gun violence and save lives. Many mass shooters displayed warning signs prior to their killings, but federal and state laws provided no clear legal process to suspend the shooters' access to guns, even temporarily. In enacting the extreme risk protection order, the people intended to reduce gun deaths and injuries, while respecting constitutional rights, by providing a procedure for family, household members, and law enforcement to obtain a court order temporarily preventing individuals who are at high risk of harming themselves or others from accessing firearms when there is demonstrated evidence that the individuals pose a significant danger, including danger as a result of threatening or violent behavior. Additionally, extreme risk protection orders may provide protections from firearm risks for individuals who are not eligible to petition for other types of protection orders. Extreme risk protection orders are intended to be limited to situations in which individuals pose a significant danger of harming themselves or others by possessing a firearm, having immediate access to a firearm, or having expressed intent to obtain a firearm, and include standards and safeguards to protect the rights of respondents and due process of law. Temporarily removing firearms under these circumstances is an important tool to prevent suicide, homicide, and community violence.
(4) The legislature finds that all of these civil protection orders are essential tools that can increase safety for victims of domestic violence, sexual assault, stalking, abuse of vulnerable adults, unlawful harassment, and threats of gun violence to obtain immediate protection for themselves apart from the criminal legal system. Victims are in the best position to know what their safety needs are and should be able to seek these crucial protections without having to rely on the criminal legal system process. The legislature further finds the surrender of firearms in civil protection orders is critical to public health. In keeping with the harm reduction approach of this lifesaving tool, the legislature finds that it is appropriate to allow for immunity from prosecution for certain offenses when appropriate to create a safe harbor from prosecution for certain offenses to increase compliance with orders to surrender and prohibit firearms.
(5) To better achieve these important public purposes, the legislature further finds the need to clarify and simplify these civil protection order statutes to make them more understandable and accessible to victims seeking relief and to respondents who are subject to the court process. An efficient and effective civil process can provide necessary relief many victims require in order to escape and prevent harm. Clarification and simplification of the statutes will aid petitioners, respondents, law enforcement, and judicial officers in their application, help to eliminate procedural inconsistencies, modernize practices, provide better access to justice for those most marginalized, increase compliance, and improve identified problem areas within the statutes. Those who participate in the protection order process often find it difficult to navigate the statutes, which were adopted at different times and contain differing jurisdictional approaches, procedures, definitions, and types of relief offered, among other differences, all of which can create barriers and cause confusion. Harmonizing and standardizing provisions where there is not a need for a specific, different approach can provide more uniformity among the laws and significantly reduce these obstacles.
The legislature finds that these improvements are needed to help ensure that protection orders and corresponding court processes are more easily accessible to all litigants, particularly parties who may experience higher barriers to accessing justice.
(6) The legislature finds that advances in technology have made it increasingly possible to file petitions, effect service of process, and conduct hearings in protection order proceedings through more efficient and accessible means, while upholding constitutional due process requirements. These include using approaches such as online filing of petitions, electronic service of protection orders, and video and telephonic hearings to maintain and improve access to the courts. These alternatives can help make protection order processes more accessible, effective, timely, and procedurally just, particularly in situations where there are emergent risks. The legislature finds that it would be helpful for petitioners, respondents, judicial officers, court personnel, law enforcement, advocates, counsel, and others to have these new tools enacted into statute and made readily available in every court, with statewide best practices created for their use, specific to the context of civil protection orders. The legislature further finds that it is important to modernize other aspects of the civil protection order statutes to reflect current trends, and to provide for data collection and research in these areas of the law.
(7) The legislature further finds that in order to improve the efficacy of, accessibility to, and understanding of, civil protection orders, the six different civil protection orders in Washington state should be included in a single chapter of the Revised Code of Washington.
[ 2021 c 215 s 1.]
Notes:
Effective date—2022 c 268; 2021 c 215: "(1) Except for sections 12, 16, 18, 19, 21, 24, 25, 34, and 36 of this act, this act takes effect July 1, 2022.
(2) Sections 19, 21, 24, and 34, chapter 215, Laws of 2021 take effect March 31, 2022." [ 2022 c 268 s 47; 2021 c 215 s 87.]

catchline: Findings—2021 c 215.


doc_type: statute

jurisdiction: wa

title: RCW 7.105.903

text:
(1) The gender and justice commission, through its E2SHB 1320 stakeholder work groups, and in consultation with the Washington state center for court research, shall include in their 2022 work consideration of a study regarding how the inclusion of coercive control under chapter 268, Laws of 2022 helps to further realize the legislative intent of the law to increase safety for victims by obtaining effective legal protection apart from, or in addition to, the criminal legal system. The possible parameters for such a study would be as follows:
(a) The center for court research may engage or partner with other researchers with expertise in intimate partner violence, coercive control, civil protection order processes, and related research to conduct the study or help with study design, duration, methods, measurements, data collection, and analysis.
(b) The administrative office of the courts and superior and district courts shall provide the center for court research with necessary data to conduct the study, as requested by the center for court research.
(c) The study may include, if determined by the gender and justice commission's E2SHB 1320 stakeholder work groups and the center for court research to be empirically useful and readily measurable through available data, measurements such as:
(i) The ability of survivors to obtain protection orders that fully address the nature of the harm or threat of harm they are experiencing;
(ii) The frequency of inclusion of coercive control in protection order petitions and the nature of the harm or threatened harm articulated;
(iii) Whether the orders were granted and if so, the relief ordered by the court;
(iv) Whether the orders were denied, and if so, the reason for the denial; and
(v) In proceedings involving domestic violence where coercive control is part of the harm alleged:
(A) The frequency of conflicting protection orders, cross-petitions (where each party files a petition against the other), or realigned orders (where the court finds that the original petitioner is the abuser and the original respondent is the victim);
(B) Enforcement of protection order violations;
(C) Other legal proceedings involving either party, such as family, dependency, or criminal matters; and
(D) Whether the parties had legal representation or legal advocates in the protection order proceedings.
(d) The study shall also assess judicial officer training regarding protection orders, and coercive control in particular, and whether additional judicial officers are required to hear protection order proceedings.
(e) To the extent feasible, and considered best practice by the center for court research, the evaluation should also: Gather qualitative information from survivors of domestic violence, legal counsel, protection order advocates and court navigators, court clerks, and judicial officers; and include analysis of any disproportionate impact on survivors by race, immigration status, language, gender, sexual orientation, or disability.
(f) At the conclusion of any study conducted under this section, the center for court research shall report its findings to the legislature in compliance with RCW 43.01.036.
(2) By July 1, 2022, the gender and justice commission through its E2SHB 1320 work groups and the center for court research shall advise the chairs of the relevant policy committees of the legislature of their recommendations regarding need, timing, and design for such a study.
(3) This section expires January 1, 2028.
[ 2022 c 268 s 27.]
Notes:
Effective dates—2022 c 268: See note following RCW 7.105.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Study on coercive control. (Expires January 1, 2028.)

code: rcw

unit: section

court: Washington State Legislature


title: RCW 7.110.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Child" means an unemancipated individual who is less than 18 years of age.
(2) "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.
(3) "Depicted individual" means an individual whose body is shown in whole or in part in an intimate image or a fabricated intimate image.
(4) "Digitization" means creating or altering an image of a person in a realistic manner by utilizing images of another person or computer-generated images, regardless of whether such creation or alteration is accomplished manually or through an automated process. "Digitization" includes, but is not limited to, creating or altering an image with the use of artificial intelligence.
(5) "Disclosing" has the same meaning as provided in RCW 9A.86.010. "Disclosure" has the same meaning as "disclosing."
(6) "Fabricated intimate image" means any photograph, motion picture film, videotape, digital image or video, or any other recording or visual depiction of an identifiable depicted individual that was created or altered by digitization and that depicts:
(a) Computer-generated intimate body parts or the intimate body parts of another human being as the intimate body parts of the depicted individual, whether nude or visible through less than opaque clothing and including the genitals, pubic area, anus, or postpubescent female nipple; or
(b) The depicted individual engaging in sexual activity, including masturbation, sexual contact, or sexual intercourse, as those terms are defined in RCW 9A.44.010, in which the depicted individual did not engage.
(7) "Harm" includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.
(8) "Identifiable" means recognizable by a person other than the depicted individual:
(a) From an intimate image or fabricated intimate image itself; or
(b) From an intimate image or fabricated intimate image and identifying characteristic displayed in connection with the intimate image.
(9) "Identifying characteristic" means information that may be used to identify a depicted individual.
(10) "Individual" means a human being.
(11) "Intimate image" has the same meaning as provided in RCW 9A.86.010.
(12) "Parent" has the same meaning as provided in RCW 26.26A.010.
(13) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity.
(14) "Private" means:
(a) Created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy; or
(b) Made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property.
[ 2024 c 88 s 10; 2023 c 65 s 2.]

catchline: Definitions.


title: RCW 7.110.020

text:
(1) Except as otherwise provided in RCW 7.110.030, a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for whether:
(a) The depicted individual did not consent to the disclosure;
(b) The intimate image was private; and
(c) The depicted individual was identifiable.
(2) The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this chapter or that the individual lacked a reasonable expectation of privacy:
(a) Consent to creation of the image; or
(b) Previous consensual disclosure of the image.
(3) A depicted individual who does not consent to the uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.
[ 2024 c 88 s 11; 2023 c 65 s 3.]

catchline: Civil cause of action.


title: RCW 7.110.025

text:
(1) A depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of a fabricated intimate image without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for whether:
(a) The depicted individual did not consent to the disclosure; and
(b) The depicted individual was identifiable.
(2)(a) A depicted individual's consent to the creation of the fabricated intimate image does not by itself establish that the depicted individual consented to its disclosure.
(b) Consent is deemed validly given only if:
(i) It is set forth in an agreement written in plain language signed knowingly and voluntarily by the depicted individual; and
(ii) It includes a general description of the fabricated intimate image and, if applicable, the audiovisual work into which it will be incorporated.
(3) It is not a defense to an action under this section that there is a disclaimer stating that the fabricated intimate image of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the fabricated intimate image.
[ 2024 c 88 s 12.]

catchline: Civil cause of action—Consent.


title: RCW 7.110.030

text:
(1) A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image or fabricated intimate image was:
(a) Made in good faith in:
(i) Law enforcement activities;
(ii) A legal proceeding; or
(iii) Medical education or treatment;
(b) Made in good faith in the reporting or investigation of:
(i) Unlawful conduct; or
(ii) Unsolicited and unwelcome conduct;
(c) Related to a matter of public concern or public interest; or
(d) Reasonably intended to assist the depicted individual.
(2) In an action brought under RCW 7.110.020 and subject to subsection (3) of this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined in RCW 7.110.010(11), of the child.
(3) If a defendant asserts an exception to liability under subsection (2) of this section, the exception does not apply if the plaintiff proves the disclosure was:
(a) Prohibited by law other than this chapter; or
(b) Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
(4) Disclosure of, or a threat to disclose, an intimate image or fabricated intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.
(5) A person is not liable in an action brought under RCW 7.110.025 if the fabricated intimate image is commentary, criticism, or disclosure protected by the Washington state Constitution or the United States Constitution.
[ 2024 c 88 s 13; 2023 c 65 s 4.]

catchline: Exceptions to liability.


title: RCW 7.110.040

text:
In an action under this chapter a plaintiff may proceed using a pseudonym in place of the true name of the plaintiff under applicable state law or procedural rule.
[ 2023 c 65 s 5.]

catchline: Plaintiff may use pseudonym.


title: RCW 7.110.050

text:
(1) In an action under this chapter, a prevailing plaintiff may recover:
(a) The greater of:
(i) Economic and noneconomic damages proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages; or
(ii) Statutory damages not to exceed $10,000 against each defendant found liable under this chapter for all disclosures and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action. In determining the amount of statutory damages under this subsection (1)(a)(ii), consideration must be given to the age of the parties at the time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the intimate image or fabricated intimate image by the defendant, and other exacerbating or mitigating factors;
(b) An amount equal to any monetary gain made by the defendant from disclosure of the intimate image or fabricated intimate image; and
(c) Punitive damages in an amount not to exceed three times the amount of damages under (a) of this subsection.
(2) In an action under this chapter, the court may award a prevailing plaintiff:
(a) Reasonable attorneys' fees and costs; and
(b) Additional relief, including injunctive relief.
(3) This chapter does not affect a right or remedy available under law of this state other than this chapter.
[ 2024 c 88 s 14; 2023 c 65 s 6.]

catchline: Remedies.


title: RCW 7.110.060

text:
(1) An action under RCW 7.110.020 or 7.110.025 for:
(a) An unauthorized disclosure may not be brought later than four years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and
(b) A threat to disclose may not be brought later than four years from the date of the threat to disclose.
(2) Except as otherwise provided in subsection (3) of this section, this section is subject to the tolling statutes of this state.
(3) In an action under RCW 7.110.020 or 7.110.025 by a depicted individual who was a minor on the date of the disclosure or threat to disclose, the time specified in subsection (1) of this section does not begin to run until the depicted individual attains the age of majority.
[ 2024 c 88 s 15; 2023 c 65 s 7.]

catchline: Statute of limitations.


title: RCW 7.110.900

text:
This chapter may be known and cited as the uniform civil remedies for unauthorized disclosure of intimate images act.
[ 2023 c 65 s 1.]

catchline: Short title.


title: RCW 7.110.901

text:
This chapter must be construed to be consistent with the communications decency act of 1996, 47 U.S.C. Sec. 230.
[ 2023 c 65 s 8.]

catchline: Construction—Communications decency act of 1996.


title: RCW 7.110.902

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.
[ 2023 c 65 s 9.]

catchline: Uniformity of application and construction.


title: RCW 7.113.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Consent" means that at the time of sexual contact or sexual penetration, there are actual words or conduct indicating freely given agreement. Consent may be revoked at any time. Conduct short of voluntary agreement does not constitute consent as a matter of law. Consent cannot be freely given when a person does not have capacity due to disability, intoxication, or age. Consent cannot be freely given when the other party has authority or control over the care or custody of a person incarcerated or detained.
(2) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.
(3) "Sexual penetration" has the same meaning as in RCW 7.105.010.
(4) "Sexually protective device" means an internal or external condom, spermicide, diaphragm, cervical cap, contraceptive sponge, dental dam, or any other physical barrier device intended to prevent pregnancy or sexually transmitted infection. "Sexually protective device" does not include an intrauterine device or any hormonal birth control method.
[ 2024 c 254 s 1.]


title: RCW 7.113.020

text:
(1) A person who engaged in sexual contact or sexual penetration with another person may bring a civil action against that other person if prior to sexual contact or sexual penetration both persons understood and agreed that a sexually protective device would be used, and the other person:
(a) Engaged or continued to engage in sexual contact or sexual penetration after the other person:
(i) Removed the sexually protective device without consent of the person bringing the action; or
(ii) Knew or became aware that the sexually protective device had been unintentionally removed, but did not obtain consent from the person bringing the action to engage or continue engaging in sexual contact or sexual penetration without the use of a sexually protective device;
(b) Engaged or continued engaging in sexual contact or sexual penetration after tampering with the sexually protective device without the consent of the person bringing the action and in a manner likely to render the device ineffective for its common purpose;
(c) Without consent of the person bringing the action used a sexually protective device that the other person knew had been tampered with in a manner likely to render the device ineffective for its common purpose; or
(d) Misled the person bringing the action into believing that a sexually protective device was used by the other person and the other person knew that the device was not used, had been tampered with, or was otherwise inoperable.
(2) Evidence that the person bringing the action consented to previous sexual contact or sexual penetration without a sexually protective device or to removing or tampering with a sexually protective device during previous sexual contact or sexual penetration does not by itself establish consent to any subsequent sexual contact or sexual penetration without a sexually protective device or to removing or tampering with a sexually protective device in any subsequent sexual contact or sexual penetration.
[ 2024 c 254 s 2.]


title: RCW 7.113.030

text:
(1) In an action under this chapter, the court may award any or all of the following remedies upon request:
(a) Compensatory damages;
(b) Punitive damages;
(c) Statutory damages of $5,000 per violation;
(d) Injunctive relief; and
(e) Any other relief the court deems appropriate.
(2) In determining punitive damages, the court may take into consideration any previous findings of liability against a defendant pursuant to this section.
(3) The court shall award costs and reasonable attorneys' fees to the prevailing plaintiff.
(4) In an action brought under this section, the plaintiff may ask the court to require the defendant to attend counseling sessions. If ordered to attend counseling, the defendant shall be financially responsible for the counseling fees and any related expenses.
(5) An award under this section may not be used to offset any child support obligations.
(6) The rights and remedies provided in this section are in addition to any other rights and remedies provided by law and may not be construed to prohibit, limit, or to be a prerequisite to any other cause of action or remedy.
[ 2024 c 254 s 3.]


title: RCW 7.113.040

text:
In an action under this chapter, a plaintiff may proceed using a pseudonym in place of the true name of the plaintiff under applicable state law or procedural rules.
[ 2024 c 254 s 4.]


title: RCW 7.113.900

text:
This chapter applies to causes of action accruing on and after July 1, 2024.
[ 2024 c 254 s 5.]

catchline: Application.


title: RCW 7.113.901

text:
This act takes effect July 1, 2024.
[ 2024 c 254 s 6.]

catchline: Effective date—2024 c 254.


title: RCW 7.115.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aggrieved party" means a person against whom an underlying action is commenced based on the aggrieved party's provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services.
(2) "Assistance" means any action to help, aid, or support the provision or receipt of protected health services including, but not limited to, providing financial, logistical, informational, or travel support to facilitate access to protected health services.
(3) "Gender-affirming treatment" means health services or products that support and affirm an individual's gender identity, including social, psychological, behavioral, and medical or surgical interventions. Gender-affirming care services include, but are not limited to, evaluation and treatments for gender dysphoria, gender-affirming hormone therapy, and gender-affirming surgical procedures.
(4) "Protected health care services" means gender-affirming treatment and reproductive health care services that are lawful in the state of Washington.
(5) "Reproductive health care services" means all services, care, or products of a medical, surgical, psychiatric, therapeutic, mental health, behavioral health, diagnostic, preventative, rehabilitative, supportive, counseling, referral, prescribing, or dispensing nature relating to the human reproductive system including, but not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management, or the termination of a pregnancy, including self-managed terminations.
(6) "Underlying action" means a civil, criminal, or administrative proceeding, or any proceeding preliminary thereto.
[ 2025 c 248 s 1; 2023 c 193 s 2.]
Notes:
Effective date—2023 c 193: See note following RCW 7.115.020.


title: RCW 7.115.020

text:
(1) It is the public policy of Washington to protect the provision of protected health care services that are lawful in the state of Washington by a person duly licensed under the laws of the state of Washington and the provision of insurance coverage for such services regardless of the location of the person receiving the services.
(2) A law of another state that authorizes the imposition of civil or criminal penalties or liability related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington is against the public policy of this state. Accordingly:
(a) A state court, judicial officer, court employee or clerk, or public employee or official shall not issue or effectuate a warrant for the arrest of any person in connection with the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington and a state or local law enforcement agency or officer shall not effectuate such a warrant or knowingly arrest, or knowingly participate in the arrest of, any person for the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of such protected health care services.
(b) A state or local agency, commission, board, or department, or any employee or agent thereof, acting in their official capacity, shall not cooperate with or provide information to any individual, agency, commission, board, or department from another state or, to the extent permitted by federal law, to a federal law enforcement agency, for the purpose of enforcing another state's law or an investigation related to another state's law that asserts criminal or civil liability for the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington.
(c) A state court, judicial officer, court employee or clerk, or attorney shall not issue a subpoena, warrant, court order, or other civil or criminal legal process pursuant to any state law in connection with a proceeding in another state related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington.
(d)(i) A business entity that is incorporated, or has its principal place of business, in Washington that provides electronic communication services as defined in RCW 9.73.260 may not:
(A) Knowingly provide records, information, facilities, or assistance in response to a subpoena, warrant, court order, or other civil or criminal legal process that relates to an investigation into, or the enforcement of, another state's law that asserts criminal or civil liability for the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington; or
(B) Comply with a subpoena, warrant, court order, or other civil or criminal legal process for records, information, facilities, or assistance related to protected health care services that are lawful in the state of Washington unless the subpoena, warrant, court order, or other civil or criminal legal process includes, or is accompanied by, an attestation, made under penalty of perjury, stating that the subpoena, warrant, court order, or other civil or criminal legal process does not seek documents, information, or testimony relating to an investigation into, or the enforcement of, another state's law that asserts criminal or civil liability for the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington. Any false attestation submitted under this section is subject to a statutory penalty of $10,000 per violation. Submission of such attestation subjects the attester to the jurisdiction of the courts of Washington state for any suit, penalty, or damages arising out of a false attestation under this section.
(ii) Any business entity described in (d)(i) of this subsection that is served with a subpoena, warrant, court order, or other civil or criminal legal process described in (d)(i) of this subsection is entitled to rely on the representations made in an attestation described in (d)(i) of this subsection in determining whether the subpoena, warrant, court order, or other civil or criminal legal process relates to an investigation into, or the enforcement of, another state's law that asserts criminal or civil liability for the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington. If an attestation described in (d)(i) of this subsection is absent or incomplete, the business entity shall notify the attorney general's office of its receipt of the subpoena, warrant, court order, or other civil or criminal legal process unless the entity is prohibited by law or court order from providing notice.
(3) Nothing in this section prohibits the investigation of any criminal activity in this state that may involve the alleged provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services occurring in the state of Washington. Any information relating to any protected health care services provided to a specific individual shall not be shared with an agency, department, or individual from another state for the purpose of investigating or enforcing another state's law that asserts criminal or civil liability for the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington.
(4) A state court, judicial officer, court employee or clerk, or public employee or official shall not apply to a case or controversy heard in state court any law that is contrary to this state's public policy as described in this section.
[ 2025 c 248 s 2; 2023 c 193 s 13.]
Notes:
Effective date—2023 c 193: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 27, 2023]." [ 2023 c 193 s 20.]

catchline: Declaration of public policy—Cooperation to enforce other state's laws—Business entities.


title: RCW 7.115.030

text:
Any person in the state of Washington that receives a subpoena from any court, state or federal, in the United States or any of its territories, may, pursuant to the Washington rules of civil procedure, move to modify or quash the subpoena on the grounds that it is inconsistent with the public policy of Washington under this chapter if:
(1) The information sought concerns the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington; and
(2) Liability in the underlying action is based in whole or in part on a cause of action or criminal liability that is not available under Washington law or the law of another state that is substantially similar to Washington law.
[ 2023 c 193 s 15.]
Notes:
Effective date—2023 c 193: See note following RCW 7.115.020.

catchline: Subpoenas—Quashing.


title: RCW 7.115.040

text:
(1)(a) A claim for interference with protected health care services arises when:
(i) Any underlying action is commenced against an aggrieved party in any court, state or federal, in the United States or any of its territories, where liability in the underlying action is based in whole or in part on:
(A) The aggrieved party's provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington;
(B) Conduct occurring in this state; and
(C) A cause of action or criminal liability that is not available under Washington law or the law of another state that is substantially similar to Washington law; or
(ii)(A) Any person in the state of Washington receives a subpoena from any court, state or federal, in the United States or any of its territories, where the information sought concerns the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in the state of Washington; and
(B) Where liability in the underlying action is based in whole or in part on a cause of action or criminal liability that is not available under Washington law or the law of another state that is substantially similar to Washington law.
(b) An underlying action is based on conduct occurring in this state if any part of the acts or omissions that form the basis of liability in the underlying action occur in Washington state, whether or not such acts or omissions are alleged in the action.
(2) A person may maintain a claim for interference with protected health care services under this section if the underlying action is objectively baseless and brought for an improper purpose.
(a) An underlying action is objectively baseless under this section if:
(i) The court in the underlying action lacked jurisdiction over the aggrieved party;
(ii) The underlying action impedes the right to travel; or
(iii) Other factors exist that the court determines demonstrate the objective baselessness of the underlying action.
(b) An underlying action is brought for an improper purpose under this section if:
(i) A purpose of the underlying action is to deter acts or omissions in Washington state that are permitted under the laws of the state of Washington; or
(ii) Other factors exist that the court determines demonstrate the underlying action was brought for an improper purpose.
(3) If a court finds for the aggrieved party in an action asserting a claim for interference with protected health care services authorized by this section, the aggrieved party may recover damages from any party that brought the underlying action. Recoverable damages include:
(a) Actual damages including, but not limited to, costs and reasonable attorneys' fees spent in defending the underlying action;
(b) Costs and reasonable attorneys' fees incurred in bringing an action under this section as may be allowed by the court; and
(c) Statutory damages up to $10,000 if the underlying action is found to be frivolous.
(4) The provisions of this section do not apply to a judgment entered in another state that is based on an action:
(a) Founded in tort, contract, or statute, and for which a similar claim would exist under the laws of this state, brought by the person who received the protected health care services upon which the original lawsuit was based or the person's authorized legal representative, for damages suffered by the person or damages derived from an individual's loss of consortium of the person;
(b) Founded in contract, and for which a similar claim would exist under the laws of this state, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the judgment entered in another state; or
(c) Where no part of the acts that formed the basis for liability occurred in this state.
[ 2023 c 193 s 14.]
Notes:
Effective date—2023 c 193: See note following RCW 7.115.020.

catchline: Civil claim for interference with protected health care services.


title: RCW 7.115.050

text:
(1) The attorney general may bring an action to enjoin any person from violating any provision of this chapter. Upon proper showing, the superior court may grant a permanent or temporary injunction, restraining order, writ of mandamus, or any additional orders or judgments necessary to enjoin such persons from violating this chapter. For any action in which the attorney general prevails, the attorney general may recover the costs of the action, including a reasonable attorney's fee.
(2) In furtherance of enforcing the provisions of this chapter and ensuring compliance with the public policy of Washington, the attorney general's office shall maintain a current list of any laws of another state that impose criminal liability for the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services that are lawful in Washington and make such list available to the Washington state patrol.
[ 2023 c 193 s 16.]
Notes:
Effective date—2023 c 193: See note following RCW 7.115.020.

catchline: Enforcement by attorney general.


title: RCW 7.115.900

text:
This chapter may be known and cited as the shield law.
[ 2023 c 193 s 1.]
Notes:
Effective date—2023 c 193: See note following RCW 7.115.020.


title: RCW 7.115.901

text:
The courts of this state shall give full faith and credit as provided for in the United States Constitution to the public acts, records, and judicial proceedings of another state and nothing in chapter 193, Laws of 2023 shall be construed to undermine the primacy of that clause.
[ 2023 c 193 s 17.]
Notes:
Effective date—2023 c 193: See note following RCW 7.115.020.

catchline: Construction—Full faith and credit.


title: RCW 7.120.010

text:
This chapter provides standard procedures governing civil asset forfeiture and is applicable to laws of this state that authorize civil forfeiture of property and that indicate the provisions of this chapter apply.
[ 2025 c 306 s 1.]
Notes:
Application—2025 c 306: "This act applies to seizures occurring on or after January 1, 2026." [ 2025 c 306 s 16.]
Effective date—2025 c 306: "This act takes effect January 1, 2026." [ 2025 c 306 s 17.]

catchline: Applicability of chapter.


title: RCW 7.120.020

text:
(1)(a) Except with respect to contraband items, which shall be seized and summarily forfeited, proceedings for forfeiture are deemed commenced by the seizure. The agency under whose authority the seizure was made shall cause notice to be served within 15 days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. Service of notice of seizure must be made according to the rules of civil procedure, except that service by mail shall be by certified mail, return receipt requested. However, a default judgment with respect to real property may not be obtained against a party who is served by substituted service absent an affidavit stating that a good faith effort has been made to ascertain if the defaulted party is incarcerated within the state, and that there is no present basis to believe that the party is incarcerated within the state. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9A RCW, or a certificate of title, must be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title.
(b) The notice must include information indicating that if the property owner or other person claiming a right or interest in the property contests the forfeiture, the person has the right to move the matter to a court of competent jurisdiction, and if the person substantially prevails in a forfeiture proceeding, the person is entitled to reimbursement for reasonable attorneys' fees.
(2) If no person notifies the seizing agency in writing of the person's claim of ownership or right to possession of an item seized within 60 days of the service of notice from the seizing agency in the case of personal property and 120 days in the case of real property, the item seized is deemed forfeited. The community property interest in real property of a person whose spouse or domestic partner committed a violation giving rise to seizure of the real property may not be forfeited if the person did not participate in the violation.
(3) If any person notifies the seizing agency in writing of the person's claim of ownership or right to possession of an item seized within 60 days of the service of notice from the seizing agency in the case of personal property and 120 days in the case of real property, the person or persons must be afforded a reasonable opportunity to be heard as to the claim or right. The notice of claim may be served by any method authorized by law or court rule including, but not limited to, service by first-class mail. Service by mail is deemed complete upon mailing within the 60-day period following service of the notice of seizure in the case of personal property and within the 120-day period following service of the notice of seizure in the case of real property.
(4) The hearing must be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except that where the seizing agency is a state agency as defined in RCW 34.12.020(4), the hearing must be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW. Such a hearing and any appeal therefrom must be under Title 34 RCW.
(5) Any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal of any matter involving personal property may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within 45 days after the person seeking removal has notified the seizing agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed must be the district court, or the municipal court for the jurisdiction in which the property was seized, when the aggregate value of personal property is within the jurisdictional limit set forth in RCW 3.66.020.
(6)(a) Whether the matter is heard under Title 34 RCW pursuant to subsection (4) of this section or removed to court pursuant to subsection (5) of this section, the burden of proof is upon the seizing agency to establish, by clear, cogent, and convincing evidence, that the property is subject to forfeiture.
(b) No personal property may be forfeited to the extent of the interest of an owner, by reason of any act or omission committed or omitted without the owner's knowledge or consent.
(c) No real property may be forfeited to the extent of the interest of an owner, by reason of any act or omission committed or omitted without the owner's knowledge or consent.
(d) A forfeiture of real property encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party, at the time the security interest was created, neither had knowledge of nor consented to the act or omission.
(7) The seizing agency shall promptly return seized items, in a substantially similar condition as when they were seized, to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession thereof.
(8) In any proceeding to forfeit property under this chapter, where the claimant substantially prevails, the claimant is entitled to reasonable attorneys' fees reasonably incurred by the claimant.
(9) The protections afforded by the service members' civil relief act, chapter 38.42 RCW, are applicable to proceedings under this chapter.
[ 2025 c 306 s 2.]
Notes:
Application—Effective date—2025 c 306: See notes following RCW 7.120.010.


title: RCW 7.120.030

text:
(1) Upon the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the assessor of the county in which the property is located. Orders for the forfeiture of real property shall be entered by the superior court, subject to court rules. Such an order shall be filed by the seizing agency in the county auditor's records in the county in which the real property is located.
(2)(a) A landlord may assert a claim against proceeds from the sale of assets seized and forfeited only if:
(i) An employee, agent, or officer of the seizing agency, while acting in his or her official capacity, directly caused damage to the complaining landlord's property while executing a search of a tenant's residence; and
(ii) The landlord has applied any funds remaining in the tenant's deposit, to which the landlord has a right under chapter 59.18 RCW, to cover the damage directly caused by the employee, agent, or officer of the seizing agency prior to asserting a claim under the provisions of this section;
(A) Only if the funds applied under (a)(ii) of this subsection are insufficient to satisfy the damage directly caused by the employee, agent, or officer of the seizing agency, may the landlord seek compensation for the damage by filing a claim against the governmental entity under whose authority the seizing agency operates within 30 days after the search;
(B) Only if the governmental entity denies or fails to respond to the landlord's claim within 60 days of the date of filing, may the landlord collect damages under this subsection by filing within 30 days of denial or the expiration of the 60-day period, whichever occurs first, a claim with the seizing agency. The seizing agency must notify the landlord of the status of the claim by the end of the 30-day period. Nothing in this section requires the claim to be paid by the end of the 60-day or 30-day period.
(b) For any claim filed under (a)(ii) of this subsection, the seizing agency shall pay the claim unless the agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of this chapter or the chapter pursuant to which the seizure was made; or
(ii) Failed to respond to a notification of the illegal activity, provided by a law enforcement agency under RCW 59.18.075, within seven days of receipt of notification of the illegal activity.
(3) The landlord's claim for damages under subsection (2) of this section may not include a claim for loss of business and is limited to:
(a) Damage to tangible property and clean-up costs;
(b) The lesser of the cost of repair or fair market value of the damage directly caused by the employee, agent, or officer of the seizing agency;
(c) The proceeds from the sale of the specific tenant's property seized and forfeited; and
(d) The proceeds available after the seizing law enforcement agency satisfies any bona fide security interest in the tenant's property and costs related to sale of the tenant's property.
(4) Subsections (2) and (3) of this section do not limit any other rights a landlord may have against a tenant to collect for damages. However, if a seizing agency satisfies a landlord's claim under subsection (2) of this section, the rights the landlord has against the tenant for damages directly caused by an employee, agent, or officer of the seizing agency under the terms of the landlord and tenant's contract are subrogated to the seizing agency.
[ 2025 c 306 s 3.]
Notes:
Application—Effective date—2025 c 306: See notes following RCW 7.120.010.

catchline: Forfeiture of real property—Claims of landlords.


title: RCW 7.120.040

text:
When property is forfeited under this chapter, the seizing agency may:
(1) Retain it for official use or upon application by any law enforcement agency of this state release such property to such agency to be used in enforcement;
(2) Sell that which is not required to be destroyed by law and which is not harmful to the public;
(3) Request the appropriate sheriff or director of public safety to take custody of the property and remove it for disposition in accordance with law;
(4) Forward it to an appropriate entity, such as the drug enforcement administration, for disposition;
(5) Satisfy any known court-ordered restitution owed by the person from whom the property was forfeited; or
(6) Take any other action allowed by statute.
[ 2025 c 306 s 4.]
Notes:
Application—Effective date—2025 c 306: See notes following RCW 7.120.010.

catchline: Use of forfeited property.


title: RCW 7.120.050

text:
(1)(a)(i) Except as provided in (a)(ii) of this subsection, by January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to 10 percent of the net proceeds of any property forfeited during the preceding calendar year. Money remitted shall be deposited in the state general fund unless otherwise provided in statute.
(ii) By January 31st of each year, each seizing agency shall remit to the state an amount equal to 10 percent of the net proceeds of any property forfeited under RCW 10.105.010 and 46.61.5058 during the preceding calendar year for deposit into the behavioral health loan repayment [and scholarship] program account created in RCW 28B.115.135 through June 30, 2027, and into the state general fund thereafter.
(b) The net proceeds of forfeited property is the value of the forfeitable interest in the property after deducting the cost of satisfying any bona fide security interest to which the property is subject at the time of seizure; and in the case of sold property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents, and the cost of any valid landlord's claim for damages under RCW 7.120.030.
(c) The value of sold forfeited property is the sale price. The value of retained forfeited property is the fair market value of the property at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of licensing for valuation of motor vehicles. A seizing agency may use, but need not use, an independent qualified appraiser to determine the value of retained property. If an appraiser is used, the value of the property appraised is net of the cost of the appraisal. The value of destroyed property and retained firearms or illegal property is zero.
(2) Forfeited property and net proceeds not required to be paid to the state shall be retained by the seizing agency exclusively for the expansion and improvement of related enforcement activities. Money retained under this section may not be used to supplant preexisting funding sources.
[ 2025 c 306 s 5.]
Notes:
Application—Effective date—2025 c 306: See notes following RCW 7.120.010.

catchline: Remission of proceeds to state general fund.


title: RCW 7.16.010

text:
The party prosecuting a special proceeding may be known as the plaintiff and the adverse party as the defendant.
[ 1895 c 65 s 1; RRS s 999.]

catchline: Parties, how designated.


title: RCW 7.16.020

text:
A judgment in a special proceeding is the final determination of the rights of the parties therein. The definitions of a motion and an order in a civil action are applicable to similar acts in a special proceeding.
[ 1895 c 65 s 2; RRS s 1000.]

catchline: Judgment, motion, and order defined.


title: RCW 7.16.030

text:
The writ of certiorari may be denominated the writ of review.
[ 1895 c 65 s 3; RRS s 1001.]

catchline: Certiorari defined.


title: RCW 7.16.040

text:
A writ of review shall be granted by any court, except a municipal or district court, when an inferior tribunal, board or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer, or one acting illegally, or to correct any erroneous or void proceeding, or a proceeding not according to the course of the common law, and there is no appeal, nor in the judgment of the court, any plain, speedy and adequate remedy at law.
[ 1987 c 202 s 130; 1895 c 65 s 4; RRS s 1002.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Grounds for granting writ.


title: RCW 7.16.050

text:
The application must be made on affidavit by the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice.
[ 1895 c 65 s 5; RRS s 1003.]

catchline: Application for writ—Notice.


title: RCW 7.16.060

text:
The writ may be directed to the inferior tribunal, board or officer, or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal the clerk, if there be one, must return the writ with the transcript required.
[ 1895 c 65 s 6; RRS s 1004.]

catchline: Writ, to whom directed.


title: RCW 7.16.070

text:
The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ, at a specified time and place, a transcript of the record and proceedings (describing or referring to them with convenient certainty), that the same may be reviewed by the court, and requiring the party, in the meantime, to desist from further proceedings in the matter to be reviewed.
[ 1895 c 65 s 7; RRS s 1005.]

catchline: Contents of writ.


title: RCW 7.16.080

text:
If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ. These words may be inserted or omitted, in the sound discretion of the court, but if omitted the power of the inferior court or office is not suspended or the proceedings stayed.
[ 1895 c 65 s 8; RRS s 1006.]

catchline: Stay of proceedings.


title: RCW 7.16.100

text:
The writ may be served as follows, except where different directions respecting the mode of service thereof are given by the court granting it:
(1) Where it is directed to a person or persons by name or by his or her official title or titles, or to a municipal corporation, it must be served upon each officer or other person to whom it is directed, or upon the corporation, in the same manner as a summons.
(2) Where it is directed to a court, or to the judges of a court, having a clerk appointed pursuant to law, service upon the court or the judges thereof may be made by filing the writ with the clerk.
[ 1895 c 65 s 10; RRS s 1008.]

catchline: Service of writ.


title: RCW 7.16.110

text:
If the return of the writ be defective, the court may order a further return to be made. When a full return has been made, the court must hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming or annulling or modifying the proceedings below.
[ 1895 c 65 s 11; RRS s 1009.]


title: RCW 7.16.120

text:
The questions involving the merits to be determined by the court upon the hearing are:
(1) Whether the body or officer had jurisdiction of the subject matter of the determination under review.
(2) Whether the authority, conferred upon the body or officer in relation to that subject matter, has been pursued in the mode required by law, in order to authorize it or to make the determination.
(3) Whether, in making the determination, any rule of law affecting the rights of the parties thereto has been violated to the prejudice of the relator.
(4) Whether there was any competent proof of all the facts necessary to be proved, in order to authorize the making of the determination.
(5) Whether the factual determinations were supported by substantial evidence.
[ 1989 c 7 s 1; 1957 c 51 s 6; 1895 c 65 s 12; RRS s 1010.]

catchline: Questions involving merits to be determined.


title: RCW 7.16.130

text:
A copy of the judgment signed by the clerk, must be transmitted to the inferior tribunal, board or officer having the custody of the record or proceeding certified up.
[ 1895 c 65 s 13; RRS s 1011.]

catchline: Copy of judgment to inferior tribunal, board, or officer.


title: RCW 7.16.140

text:
A copy of the judgment signed by the clerk, entered upon or attached to the writ and return, constitute the judgment roll.
[ 1895 c 65 s 14; RRS s 1012.]

catchline: Judgment roll.


title: RCW 7.16.150

text:
The writ of mandamus may be denominated a writ of mandate.
[ 1895 c 65 s 15; RRS s 1013.]

catchline: Mandamus defined.


title: RCW 7.16.160

text:
It may be issued by any court, except a district or municipal court, to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by such inferior tribunal, corporation, board or person.
[ 1987 c 202 s 131; 1987 c 3 s 3; 1895 c 65 s 16; RRS s 1014.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1987 c 3: See note following RCW 3.70.010.


title: RCW 7.16.170

text:
The writ must be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It must be issued upon affidavit on the application of the party beneficially interested.
[ 1895 c 65 s 17; RRS s 1015.]

catchline: Absence of remedy at law required—Affidavit.


title: RCW 7.16.180

text:
The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party, immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court, at a specified time and place, why he or she has not done so. The peremptory writ must be in some similar form, except the words requiring the party to show cause why he or she has not done as commanded must be omitted and a return day inserted.
[ 2011 c 336 s 165; 1895 c 65 s 18; RRS s 1016.]

catchline: Alternative or peremptory writs—Form.


title: RCW 7.16.190

text:
When the application to the court is made without notice to the party, and the writ be allowed, the alternative must be first issued; and if the application be upon due notice and the writ be allowed, the peremptory writ may be issued in the first instance. The notice of the application, when given, must be at least ten days. The writ cannot be granted by default. The case must be heard by the court, whether the adverse party appear or not.
[ 1895 c 65 s 19; RRS s 1017.]

catchline: Notice of application—No default.


title: RCW 7.16.200

text:
On the return of the alternative, or the day on which the application for the writ is noticed, the party on whom the writ or notice has been served may show cause by answer, under oath, made in the same manner as an answer to a complaint in a civil action.
[ 1895 c 65 s 20; RRS s 1018.]

catchline: Answer.


title: RCW 7.16.210

text:
If an answer be made which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation of which the application for the writ is based, the court may, in its discretion, order the question to be tried before a jury, and postpone the argument until such trial can be had, and the verdict certified to the court. The question to be tried must be distinctly stated in the order for trial, and the county must be designated in which the same shall be had. The order may also direct the jury to assess any damages which the appellant may have sustained, in case they find for him or her.
[ 2011 c 336 s 166; 1895 c 65 s 21; RRS s 1019.]

catchline: Questions of fact, how determined.


title: RCW 7.16.220

text:
On the trial the applicant is not precluded by the answer from any valid objections to its sufficiency, and may countervail it by proof, either in direct denial or by way of avoidance.
[ 1895 c 65 s 22; RRS s 1020.]

catchline: Applicant may demur to answer or countervail it by proof.


title: RCW 7.16.230

text:
The motion for new trial must be made in the court in which the issue of fact is tried.
[ 1895 c 65 s 23; RRS s 1021.]

catchline: Motion for new trial, where made.


title: RCW 7.16.240

text:
If no notice of a motion for a new trial be given, or if given, the motion be denied, the clerk, within five days after rendition of the verdict or denial of the motion, must transmit to the court in which the application for the writ is pending, a certified copy of the verdict attached to the order of trial, after which either party may bring on the argument of the application, upon reasonable notice to the adverse party.
[ 1895 c 65 s 24; RRS s 1022.]

catchline: Certification of verdict—Argument.


title: RCW 7.16.250

text:
If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or puts in issue immaterial statements not affecting the substantial rights of the party, the court must proceed to hear or fix a day for hearing the argument of the case.
[ 1895 c 65 s 25; RRS s 1023.]

catchline: Hearing.


title: RCW 7.16.260

text:
If judgment be given for the applicant he or she may recover the damages which he or she has sustained, as found by the jury or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and for such damages and costs an execution may issue, and a peremptory mandate must also be awarded without delay.
[ 2011 c 336 s 167; 1895 c 65 s 26; RRS s 1024.]

catchline: Judgment for damages and costs—Peremptory mandate.


title: RCW 7.16.270

text:
The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court. Service upon a majority of the members of any board or body is service upon the board or body, whether at the time of the service the board or body was in session or not.
[ 1895 c 65 s 27; RRS s 1025.]


title: RCW 7.16.280

text:
When a temporary mandate has been issued and directed to any inferior tribunal, corporation, board or person upon whom the writ has been personally served and such tribunal, corporation, board, or person has without just excuse, refused or neglected to obey the same, the court may, upon motion, impose a fine not exceeding one thousand dollars. In case of persistence in a refusal or disobedience, the court may order the party to be imprisoned until the writ is obeyed, and may make any orders necessary and proper for the complete enforcement of the writ.
[ 1957 c 51 s 7; 1895 c 65 s 28; RRS s 1026.]

catchline: Enforcement of writ—Penalty.


title: RCW 7.16.290

text:
The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board or person.
[ 1895 c 65 s 29; RRS s 1027.]

catchline: Prohibition defined.


title: RCW 7.16.300

text:
It may be issued by any court, except district or municipal courts, to an inferior tribunal, or to a corporation, board or person, in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It is issued upon affidavit, on the application of the person beneficially interested.
[ 1987 c 202 s 132; 1895 c 65 s 30; RRS s 1028.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Grounds for granting writ—Affidavit.


title: RCW 7.16.310

text:
The writ must be either alternative or peremptory. The alternative writ must state generally the allegations against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or matter specified therein until the further order of the court from which it is issued, and to show cause before such court, at a specified time and place, why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he or she should not be absolutely restrained, etc., must be omitted and a return day inserted.
[ 2011 c 336 s 168; 1895 c 65 s 31; RRS s 1029.]


title: RCW 7.16.320

text:
The provisions of this chapter relating to writ of mandate, apply to this proceeding.
[ 1895 c 65 s 32; RRS s 1030.]

catchline: Provisions relating to mandate applicable.


title: RCW 7.16.330

text:
Writs of review, mandate, and prohibition issued by the supreme court, the court of appeals, or by a superior court, may, in the discretion of the court issuing the writ, be made returnable, and a hearing thereon be had at any time.
[ 1971 c 81 s 29; 1895 c 65 s 33; RRS s 1031.]

catchline: When writs may be made returnable.


title: RCW 7.16.340

text:
Except as otherwise provided in this chapter, the provisions of the code of procedure concerning civil actions are applicable to and constitute the rules of practice in the proceedings in this chapter.
[ 1895 c 65 s 34; RRS s 1032.]

catchline: Rules of practice.


title: RCW 7.16.350

text:
From a final judgment in the superior court, in any such proceeding, appellate review by the supreme court or the court of appeals may be sought as in other actions.
[ 1988 c 202 s 4; 1971 c 81 s 30; 1895 c 65 s 35; RRS s 1033.]
Notes:
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Appellate review.


title: RCW 7.16.360

text:
This chapter does not apply to state agency action reviewable under chapter 34.05 RCW or to land use decisions of local jurisdictions reviewable under chapter 36.70C RCW.
[ 1995 c 347 s 716; 1989 c 175 s 38.]
Notes:
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Inapplicability to action reviewable under Administrative Procedure Act or Land Use Petition Act.


title: RCW 7.21.010

text:
The definitions in this section apply throughout this chapter:
(1) "Contempt of court" means intentional:
(a) Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to impair its authority, or to interrupt the due course of a trial or other judicial proceedings;
(b) Disobedience of any lawful judgment, decree, order, or process of the court;
(c) Refusal as a witness to appear, be sworn, or, without lawful authority, to answer a question; or
(d) Refusal, without lawful authority, to produce a record, document, or other object.
(2) "Punitive sanction" means a sanction imposed to punish a past contempt of court for the purpose of upholding the authority of the court.
(3) "Remedial sanction" means a sanction imposed for the purpose of coercing performance when the contempt consists of the omission or refusal to perform an act that is yet in the person's power to perform.
[ 1989 c 373 s 1.]

catchline: Definitions.


title: RCW 7.21.020

text:
A judge or commissioner of the supreme court, the court of appeals, or the superior court, a judge of a court of limited jurisdiction, and a commissioner of a court of limited jurisdiction may impose a sanction for contempt of court under this chapter.
[ 1998 c 3 s 1; 1989 c 373 s 2.]

catchline: Sanctions—Who may impose.


title: RCW 7.21.030

text:
(1) The court may initiate a proceeding to impose a remedial sanction on its own motion or on the motion of a person aggrieved by a contempt of court in the proceeding to which the contempt is related. Except as provided in RCW 7.21.050, the court, after notice and hearing, may impose a remedial sanction authorized by this chapter.
(2) If the court finds that the person has failed or refused to perform an act that is yet within the person's power to perform, the court may find the person in contempt of court and impose one or more of the following remedial sanctions:
(a) Imprisonment if the contempt of court is of a type defined in RCW 7.21.010(1) (b) through (d). The imprisonment may extend only so long as it serves a coercive purpose.
(b) A forfeiture not to exceed two thousand dollars for each day the contempt of court continues.
(c) An order designed to ensure compliance with a prior order of the court.
(d) Any other remedial sanction other than the sanctions specified in (a) through (c) of this subsection if the court expressly finds that those sanctions would be ineffectual to terminate a continuing contempt of court.
(e)(i) In at-risk youth petition cases only under chapter 13.32A RCW and subject to the requirements under RCW 13.32A.250, commitment to a secure residential program with intensive wraparound services.
(ii) Beginning July 1, 2023, prior to committing any youth to a secure residential program with intensive wraparound services as a sanction for contempt in at-risk youth petition cases only under chapter 13.32A RCW, or for failure to appear at a court hearing in at-risk youth petition cases only under chapter 13.32A RCW, the court must:
(A) Consider, on the record, the mitigating and aggravating factors used to determine the appropriateness of detention for enforcement of its order;
(B) Enter written findings affirming that it considered all less restrictive options, that detention is the only appropriate alternative, including its rationale and the clear, cogent, and convincing evidence used to enforce the order;
(C) Afford the same due process considerations that it affords all youth in criminal contempt proceedings; and
(D) Seek input from all relevant parties, including the youth.
(iii) Nothing in this subsection (2)(e) or in RCW 13.32A.250, 13.34.165, or 28A.225.090 shall be construed to limit the court's inherent contempt power or curtail its exercise.
(3) The court may, in addition to the remedial sanctions set forth in subsection (2) of this section, order a person found in contempt of court to pay a party for any losses suffered by the party as a result of the contempt and any costs incurred in connection with the contempt proceeding, including reasonable attorney's fees.
(4) If the court finds that a person under the age of eighteen years has willfully disobeyed the terms of an order issued under *chapter 10.14 RCW, the court may find the person in contempt of court and may, as a sole sanction for such contempt, commit the person to juvenile detention for a period of time not to exceed seven days.
[ 2019 c 312 s 6; 2019 c 312 s 5; 2019 c 312 s 4; 2019 c 312 s 3; 2001 c 260 s 6; 1998 c 296 s 36; 1989 c 373 s 3.]
Notes:
*Reviser's note: Chapter 10.14 RCW was repealed in its entirety by 2021 c 215 s 170, effective July 1, 2022.
Effective date—2019 c 312 ss 6 and 9: "Sections 6 and 9 of this act take effect July 1, 2023." [ 2019 c 312 s 22.]
Effective date—2019 c 312 ss 5 and 14: "Sections 5 and 14 of this act take effect July 1, 2021." [ 2019 c 312 s 21.]
Effective date—2019 c 312 ss 4, 8, and 12: "Sections 4, 8, and 12 of this act take effect July 1, 2020." [ 2019 c 312 s 20.]
Findings—Intent—2019 c 312: See note following RCW 7.21.080.
Findings—Intent—2001 c 260: "The legislature finds that unlawful harassment directed at a child by a person under the age of eighteen is not acceptable and can have serious consequences. The legislature further finds that some interactions between minors, such as "schoolyard scuffles," though not to be condoned, may not rise to the level of unlawful harassment. It is the intent of the legislature that a projection order sought by the parent or guardian of a child as provided for in this chapter be available only when the alleged behavior of the person under the age of eighteen to be restrained rises to the level set forth in chapter 10.14 RCW." [ 2001 c 260 s 1.]
Findings—Intent—Part headings not law—Short title—1998 c 296: See notes following RCW 74.13.025.

catchline: Remedial sanctions—Payment for losses.


title: RCW 7.21.040

text:
(1) Except as otherwise provided in RCW 7.21.050, a punitive sanction for contempt of court may be imposed only pursuant to this section.
(2)(a) An action to impose a punitive sanction for contempt of court shall be commenced by a complaint or information filed by the prosecuting attorney or city attorney charging a person with contempt of court and reciting the punitive sanction sought to be imposed.
(b) If there is probable cause to believe that a contempt has been committed, the prosecuting attorney or city attorney may file the information or complaint on his or her own initiative or at the request of a person aggrieved by the contempt.
(c) A request that the prosecuting attorney or the city attorney commence an action under this section may be made by a judge presiding in an action or proceeding to which a contempt relates. If required for the administration of justice, the judge making the request may appoint a special counsel to prosecute an action to impose a punitive sanction for contempt of court.
A judge making a request pursuant to this subsection shall be disqualified from presiding at the trial.
(d) If the alleged contempt involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial of the contempt unless the person charged consents to the judge presiding at the trial.
(3) The court may hold a hearing on a motion for a remedial sanction jointly with a trial on an information or complaint seeking a punitive sanction.
(4) A punitive sanction may be imposed for past conduct that was a contempt of court even though similar present conduct is a continuing contempt of court.
(5) If the defendant is found guilty of contempt of court under this section, the court may impose for each separate contempt of court a fine of not more than five thousand dollars or imprisonment for up to three hundred sixty-four days, or both.
[ 2011 c 96 s 3; 2009 c 37 s 1; 1989 c 373 s 4.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.

catchline: Punitive sanctions—Fines.


title: RCW 7.21.050

text:
(1) The judge presiding in an action or proceeding may summarily impose either a remedial or punitive sanction authorized by this chapter upon a person who commits a contempt of court within the courtroom if the judge certifies that he or she saw or heard the contempt. The judge shall impose the sanctions immediately after the contempt of court or at the end of the proceeding and only for the purpose of preserving order in the court and protecting the authority and dignity of the court. The person committing the contempt of court shall be given an opportunity to speak in mitigation of the contempt unless compelling circumstances demand otherwise. The order of contempt shall recite the facts, state the sanctions imposed, and be signed by the judge and entered on the record.
(2) A court, after a finding of contempt of court in a proceeding under subsection (1) of this section may impose for each separate contempt of court a punitive sanction of a fine of not more than five hundred dollars or imprisonment for not more than thirty days, or both, or a remedial sanction set forth in RCW 7.21.030(2). A forfeiture imposed as a remedial sanction under this subsection may not exceed more than five hundred dollars for each day the contempt continues.
[ 2009 c 37 s 2; 1989 c 373 s 5.]

catchline: Sanctions—Summary imposition—Procedure.


title: RCW 7.21.060

text:
A state administrative agency conducting an action or proceeding or a party to the action or proceeding may petition the superior court in the county in which the action or proceeding is being conducted for a remedial sanction specified in RCW 7.21.030 for conduct specified in RCW 7.21.010 in the action or proceeding.
[ 1989 c 373 s 6.]

catchline: Administrative actions or proceedings—Petition to court for imposition of sanctions.


title: RCW 7.21.070

text:
A party in a proceeding or action under this chapter may seek appellate review under applicable court rules. Appellate review does not stay the proceedings in any other action, suit, or proceeding, or any judgment, decree, or order in the action, suit, or proceeding to which the contempt relates.
[ 1989 c 373 s 7.]


title: RCW 7.21.080

text:
(1) It is the policy of the state of Washington to eliminate the use of juvenile detention as a remedy for contempt of a valid court order for youth under chapters 13.34 and 28A.225 RCW and child in need of services petition youth under chapter 13.32A RCW.
(a) Beginning July 1, 2020, youth may not be committed to juvenile detention as a contempt sanction under chapter 13.34 RCW, and a warrant may not be issued for such youth for failure to appear at a court hearing that requires commitment of such youth to juvenile detention.
(b) Beginning July 1, 2020, youth may not be committed to juvenile detention as a contempt sanction for child in need of services proceedings under chapter 13.32A RCW, and a warrant may not be issued for such youth for failure to appear at a court hearing that requires commitment of such youth to juvenile detention.
(c) Beginning July 1, 2021, youth may not be committed to juvenile detention as a contempt sanction for truancy proceedings under chapter 28A.225 RCW, and a warrant may not be issued for such youth for failure to appear at a court hearing that requires commitment of such youth to juvenile detention.
(2)(a) It is also the policy of the state of Washington to entirely phase out the use of juvenile detention as a remedy for contempt of a valid court order for at-risk youth under chapter 13.32A RCW by July 1, 2023. After this date, at-risk youth may not be committed to juvenile detention as a contempt sanction under chapter 13.32A RCW, and a warrant may not be issued for failure to appear at a court hearing that requires commitment of the at-risk youth to juvenile detention.
(b) Until July 1, 2023, any at-risk youth committed to juvenile detention as a sanction for contempt under chapter 13.32A RCW, or for failure to appear at a court hearing under chapter 13.32A RCW, must be detained in such a manner so that no direct communication or physical contact may be made between the youth and any youth who is detained to juvenile detention pursuant to a violation of criminal law, unless these separation requirements would result in a youth being detained in solitary confinement.
(c) After July 1, 2023, at-risk youth may be committed to a secure residential program with intensive wraparound services, subject to the requirements under RCW 13.32A.250, as a remedial sanction for contempt under chapter 13.32A RCW or for failure to appear at a court hearing under chapter 13.32A RCW.
[ 2019 c 312 s 2.]
Notes:
Effective date—2019 c 312: "Except for sections 4, 5, 6, 8, 9, 12, and 14 of this act, this [act is] necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019." [ 2019 c 312 s 19.]
Findings—Intent—2019 c 312: "(1) The legislature finds that it is a goal of our state to divert juveniles who have committed status offenses, behaviors that are prohibited under law only because of an individual's status as a minor, away from the juvenile justice system because a stay in detention is a predictive factor for future criminal justice system involvement. The legislature finds that Washington has been using the valid court order exception of the juvenile justice and delinquency prevention act, a loophole in federal law allowing judges to detain status offenders for disobeying court orders, more than any other state in the country. The legislature finds that use of the valid court order exception to detain youth for acts like truancy, breaking curfew, or running away from home is counterproductive and may worsen outcomes for at-risk youth.
(2) The legislature further finds that these youth should not be confined with or treated with the same interventions as criminal offenders. The legislature also finds that studies show a disproportionality in race, gender, and socioeconomic status of youth referred to courts or detained, or both. Likewise, the legislature finds that community-based interventions are more effective at addressing underlying causes of status offenses than detention and can reduce court caseloads and lower system costs. As a result, it is the intent of the legislature to strengthen and fund community-based programs that are culturally relevant and focus on addressing disproportionality of youth of color, especially at-risk youth.
(3) The legislature finds that appropriate interventions may include secure, semi-secure, and nonsecure out-of-home placement options, community-based mentoring, counseling, family reconciliation, behavioral health services, and other services designed to support youth and families in crisis and to prevent the need for out-of-home placement. The legislature recognizes that in certain circumstances, a court may find pursuant to this act that less restrictive alternatives to secure confinement are not available or appropriate and that clear, cogent, and convincing evidence requires commitment to a secure residential program with intensive wraparound services. The legislature intends to expand the availability of such interventions statewide by July 1, 2023." [ 2019 c 312 s 1.]

catchline: Juvenile detention as remedy.


title: RCW 7.24.010

text:
Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. An action or proceeding shall not be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.
[ 1937 c 14 s 1; 1935 c 113 s 1; RRS s 784-1.]

catchline: Authority of courts to render.


title: RCW 7.24.020

text:
A person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
[ 1935 c 113 s 2; RRS s 784-2.]

catchline: Rights and status under written instruments, statutes, ordinances.


title: RCW 7.24.030

text:
A contract may be construed either before or after there has been a breach thereof.
[ 1935 c 113 s 3; RRS s 784-3.]

catchline: Construction of contracts.


title: RCW 7.24.050

text:
The enumeration in RCW 7.24.020 and 7.24.030 does not limit or restrict the exercise of the general powers conferred in RCW 7.24.010, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
[ 1985 c 9 s 2. Prior: 1984 c 149 s 3; 1935 c 113 s 5; RRS s 784-5.]
Notes:
Reviser's note: 1985 c 9 reenacted RCW 7.24.050 without amendment.
Short title—Application—1985 c 30: See RCW 11.02.900 and 11.02.901.
Purpose—Reenactment—1985 c 9: "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 9 s 1.]
Severability—1985 c 9: "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 9 s 4.]
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.

catchline: General powers not restricted by express enumeration.


title: RCW 7.24.060

text:
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
[ 1935 c 113 s 6; RRS s 784-6.]

catchline: Refusal of declaration where judgment would not terminate controversy.


title: RCW 7.24.070

text:
All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees.
[ 1935 c 113 s 7; RRS s 784-7.]

catchline: Review.


title: RCW 7.24.080

text:
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. When the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
[ 1935 c 113 s 8; RRS s 784-8.]

catchline: Further relief.


title: RCW 7.24.090

text:
When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions, in the court in which the proceeding is pending.
[ 1935 c 113 s 9; RRS s 784-9.]

catchline: Determination of issues of fact.


title: RCW 7.24.100

text:
In any proceeding under this chapter, the court may make such award of costs as may seem equitable and just.
[ 1935 c 113 s 10; RRS s 784-10.]

catchline: Costs.


title: RCW 7.24.110

text:
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general shall also be served with a copy of the proceeding and be entitled to be heard.
[ 1935 c 113 s 11; RRS s 784-11.]

catchline: Parties—City as party—Attorney general to be served, when.


title: RCW 7.24.120

text:
This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.
[ 1935 c 113 s 12; RRS s 784-12.]

catchline: Construction of chapter.