title: RCW 4.44.180

text:
A challenge for implied bias may be taken for any or all of the following causes, and not otherwise:
(1) Consanguinity or affinity within the fourth degree to either party.
(2) Standing in the relation of guardian and ward, attorney and client, master and servant or landlord and tenant, to a party; or being a member of the family of, or a partner in business with, or in the employment for wages, of a party, or being surety or bail in the action called for trial, or otherwise, for a party.
(3) Having served as a juror on a previous trial in the same action, or in another action between the same parties for the same cause of action, or in a criminal action by the state against either party, upon substantially the same facts or transaction.
(4) Interest on the part of the juror in the event of the action, or the principal question involved therein, excepting always, the interest of the juror as a member or citizen of the county or municipal corporation.
[ 2003 c 406 s 7; Code 1881 s 212; 1877 p 44 s 216; 1869 p 52 s 216; 1854 p 165 s 187; RRS s 330.]

catchline: Implied bias defined.


doc_type: statute

jurisdiction: wa

title: RCW 4.44.190

text:
A challenge for actual bias may be taken for the cause mentioned in RCW 4.44.170(2). But on the trial of such challenge, although it should appear that the juror challenged has formed or expressed an opinion upon what he or she may have heard or read, such opinion shall not of itself be sufficient to sustain the challenge, but the court must be satisfied, from all the circumstances, that the juror cannot disregard such opinion and try the issue impartially.
[ 2003 c 406 s 8; Code 1881 s 213; 1877 p 44 s 217; 1869 p 53 s 217; RRS s 331.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Challenge for actual bias.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 4.44.210

text:
The jurors having been examined as to their qualifications, first by the plaintiff and then by the defendant, and passed for cause, the peremptory challenges shall be conducted as follows, to wit:
The plaintiff may challenge one, and then the defendant may challenge one, and so alternately until the peremptory challenges shall be exhausted. During this alternating process, if one of the parties declines to exercise a peremptory challenge, then that party may no longer peremptorily challenge any of the jurors in the group for which challenges are then being considered and may only peremptorily challenge any jurors later added to that group. A refusal to challenge by either party in the said order of alternation shall not prevent the adverse party from using the full number of challenges.
[ 2003 c 406 s 9; Code 1881 s 215; 1877 p 45 s 219; 1869 p 53 s 219; RRS s 333.]

catchline: Peremptory challenges, how taken.


title: RCW 4.44.220

text:
The challenges of either party shall be taken separately in the following order, including in each challenge all the causes of challenge belonging to the same class:
(1) Challenges for cause.
(2) Peremptory challenges.
[ 2003 c 406 s 10; Code 1881 s 216; 1877 p 45 s 220; 1869 p 53 s 220; RRS s 334.]

catchline: Order of taking challenges.


title: RCW 4.44.230

text:
The challenge may be excepted to by the adverse party for insufficiency, and if so, the court shall determine the sufficiency thereof, assuming the facts alleged therein to be true. The challenge may be denied by the adverse party, and if so, the court shall determine the facts and decide the issue.
[ 2003 c 406 s 11; Code 1881 s 217; 1877 p 45 s 221; 1869 p 53 s 221; RRS s 335.]

catchline: Exceptions to challenges—Determination.


title: RCW 4.44.240

text:
When facts are determined under RCW 4.44.230, the rules of evidence applicable to testimony offered upon the trial of an ordinary issue of fact shall govern. The juror challenged, or any other person otherwise competent may be examined as a witness by either party. If the challenge is sustained, the juror shall be dismissed from the case; otherwise, the juror shall be retained.
[ 2003 c 406 s 12; Code 1881 s 218; 1877 p 45 s 222; 1869 p 54 s 222; RRS s 336.]

catchline: Challenge determination.


title: RCW 4.44.250

text:
The challenge, the exception, and the denial may be made orally. The judge shall enter the same upon the record, along with the substance of the testimony on either side.
[ 2003 c 406 s 13; Code 1881 s 219; 1877 p 45 s 223; 1869 p 54 s 223; RRS s 337.]

catchline: Challenge, exception, denial may be oral.


title: RCW 4.44.260

text:
When the jury has been selected, an oath or affirmation shall be administered to the jurors, in substance that they and each of them, will well, and truly try, the matter in issue between the plaintiff and defendant, and a true verdict give, according to the law and evidence as given them on the trial.
[ 2003 c 406 s 14; Code 1881 s 220; 1877 p 46 s 224; 1869 p 54 s 224; RRS s 338.]
Notes:
Oaths and mode of administering: State Constitution Art. 1 s 6.

catchline: Oath of jurors.


title: RCW 4.44.270

text:
Whenever in the opinion of the court it is proper that the jury should have a view of real property which is the subject of litigation, or of the place in which any material fact occurred, it may order the jury to be conducted in a body, in the custody of a proper officer, to the place which shall be shown to them by the judge or by a person appointed by the court for that purpose. While the jury are thus absent no person other than the judge, or person so appointed, shall speak to them on any subject connected with the trial.
[Code 1881 s 225; 1877 p 47 s 229; 1869 p 56 s 229; RRS s 344.]

catchline: View of premises by jury.


title: RCW 4.44.280

text:
The court may admonish the jurors that they must not discuss among themselves any subject connected with the trial until they begin their deliberations. The court may also admonish the jurors that they must not discuss with nonjurors any subject connected with the trial until the jurors have been dismissed from the case.
[ 2003 c 406 s 15; 1957 c 7 s 5; Code 1881 s 226; 1877 p 47 s 230; 1869 p 56 s 230; RRS s 345.]
Notes:
Care of jury while deliberating: RCW 4.44.300.

catchline: Admonitions to jurors.


title: RCW 4.44.290

text:
If after the formation of the jury, and before verdict, a juror becomes unable to perform his or her duty, the court may discharge the juror. In that case, unless the parties agree to proceed with the other jurors: (1) An alternate juror may replace the discharged juror and the jury instructed to start their deliberations anew; (2) a new juror may be sworn and the trial begin anew; or (3) the jury may be discharged and a new jury then or afterwards formed.
[ 2003 c 406 s 16; Code 1881 s 227; 1877 p 48 s 231; 1869 p 56 s 231; RRS s 347.]

catchline: Replacement juror procedure.


title: RCW 4.44.300

text:
During deliberations, the jury may be allowed to separate unless good cause is shown, on the record, for sequestration of the jury. Unless the members of a deliberating jury are allowed to separate, they must be kept together in a room provided for them, or some other convenient place under the charge of one or more officers, until they agree upon their verdict, or are discharged by the court. The officer shall, to the best of his or her ability, keep the jury separate from other persons. The officer shall not allow any communication to be made to them, nor make any himself or herself, unless by order of the court, except to ask them if they have agreed upon their verdict, and the officer shall not, before the verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed on.
[ 2003 c 406 s 17; Code 1881 s 229; 1877 p 48 s 233; 1869 p 57 s 233; 1854 p 166 s 194; RRS s 349.]
Notes:
Rules of court: Cf. CR 47(i), 51(h).
Admonitions to jury, separation: RCW 4.44.280.

catchline: Care of jury while deliberating.


title: RCW 4.44.310

text:
If, while the jury are kept together, either during the progress of the trial or after their retirement for deliberation, the court orders them to be provided with suitable and sufficient food and lodging, they shall be so provided at the expense of the county.
[ 2003 c 406 s 18; Code 1881 s 230; 1877 p 48 s 234; 1869 p 57 s 234; RRS s 350.]

catchline: Expense of keeping jury.


title: RCW 4.44.330

text:
The jury may be discharged by the court on account of the sickness of a juror, or other accident or calamity requiring their discharge, or by consent of both parties, or after they have been kept together until it satisfactorily appears that there is no probability of their agreeing.
[Code 1881 s 233; 1877 p 48 s 237; 1869 p 58 s 237; RRS s 353.]

catchline: Discharge of jury without verdict.


title: RCW 4.44.340

text:
In all cases where a jury are discharged or prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial or after the cause is submitted to them, the action shall thereafter be for trial anew.
[ 1891 c 60 s 2; Code 1881 s 234; 1877 p 49 s 238; 1869 p 58 s 238; RRS s 354.]

catchline: Effect of discharge of jury.


title: RCW 4.44.350

text:
While the jury is absent the court may adjourn from time to time, in respect to other business, but it is nevertheless to be deemed open for every purpose connected with the cause submitted to the jury until a verdict is rendered or the jury discharged.
[ 1957 c 9 s 2; Code 1881 s 235; 1877 p 49 s 239; 1869 p 58 s 239; 1854 p 166 s 197; RRS s 355.]

catchline: Court recess while jury is out.


title: RCW 4.44.360

text:
When the jury have agreed upon their verdict they shall be conducted into court by the officer having them in charge.
[ 2003 c 406 s 19; Code 1881 s 236; 1877 p 49 s 240; 1869 p 58 s 240; RRS s 356.]

catchline: Proceedings when jury have agreed.


title: RCW 4.44.370

text:
The jurors shall be asked by the court or the clerk whether they have agreed upon their verdict, and if the presiding juror answers in the affirmative, the presiding juror shall submit the verdict to the court.
[ 2003 c 406 s 20; Code 1881 s 237; 1877 p 49 s 241; 1869 p 58 s 241; RRS s 357.]

catchline: Manner of giving verdict.


title: RCW 4.44.380

text:
In all trials by juries of six in the superior court, except criminal trials, when five of the jurors agree upon a verdict, the verdict so agreed upon shall be signed by the presiding juror, and the verdict shall stand as the verdict of the whole jury, and have all the force and effect of a verdict agreed to by six jurors. In cases where the jury is twelve in number, a verdict reached by ten shall have the same force and effect as described above, and the same procedures shall be followed.
[ 2003 c 406 s 21; 1972 ex.s. c 57 s 4; 1895 c 36 s 1; RRS s 358.]
Notes:
Trial by jury: State Constitution Art. 1 s 21.

catchline: Number of jurors required to render verdict.


title: RCW 4.44.390

text:
After the verdict is announced, but before it is filed, the jury may be polled at the request of either party. Each juror may be asked whether the verdict is his or her individual verdict and whether the verdict is the jury's collective verdict. If it appears that the verdict is insufficient because the required number of jurors have not reached agreement, the jurors may be returned to the jury room for further deliberation.
[ 2003 c 406 s 22; 1972 ex.s. c 57 s 6; 1895 c 36 s 2; RRS s 359.]

catchline: Jury may be polled.


title: RCW 4.44.410

text:
The verdict of a jury is either general or special.
[ 1984 c 76 s 4; Code 1881 s 240; 1877 p 49 s 244; 1869 p 59 s 244; 1854 p 167 s 198; RRS s 362.]
Notes:
Rules of court: See CR 49.

catchline: General or special verdicts.


title: RCW 4.44.420

text:
In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or the defendant by his or her answer claims a return thereof, the jury shall assess the value of the property if their verdict be in favor of the plaintiff, or if they find in favor of the defendant and that the defendant is entitled to a return thereof, they may at the same time assess the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the detention or taking and withholding such property.
[ 2003 c 406 s 23; Code 1881 s 241; 1877 p 50 s 245; 1869 p 59 s 245; 1854 p 167 s 199; RRS s 363.]

catchline: Verdict in action for specific personal property.


title: RCW 4.44.440

text:
When special findings of fact are inconsistent with the general verdict, the judge may enter judgment consistent with the findings of fact, may return the jurors to the jury room for further deliberations, or may order a new trial.
[ 2003 c 406 s 24; Code 1881 s 243; 1877 p 50 s 247; 1869 p 60 s 247; 1854 p 167 s 201; RRS s 365.]
Notes:
Rules of court: Cf. CR 49(b).

catchline: Inconsistency between special findings of fact and general verdict.


title: RCW 4.44.450

text:
When a verdict is found for the plaintiff in an action for the recovery of money, or for the defendant when a setoff for the recovery of money is established beyond the amount of the plaintiff's claim as established, the jury shall also assess the amount of the recovery; they may also, under the direction of the court, assess the amount of the recovery when the court gives judgment for a party on the pleadings.
[ 2003 c 406 s 25; 1891 c 60 s 3; Code 1881 s 244; 1877 p 50 s 248; 1869 p 60 s 248; 1854 p 167 s 202; RRS s 366.]

catchline: Jury to assess amount of recovery.


title: RCW 4.44.460

text:
If the court determines that the verdict meets the requirements contained in this chapter and in court rules, the clerk shall file the verdict. The verdict is then complete and the jury shall be discharged from the case. The verdict shall be in writing, and under the direction of the court shall be substantially entered in the record as of the day's proceedings on which it was given.
[ 2003 c 406 s 26; Code 1881 s 239; 1877 p 49 s 243; 1869 p 59 s 243; RRS s 361.]

catchline: Receiving verdict and discharging jury.


title: RCW 4.44.470

text:
Whenever by statute a bond or other security is required for any purpose in an action or other proceeding in a court of record and if the party shall apply therefor, the court shall have power to prescribe the amount of the bond or other security notwithstanding any requirement of the statute; and in every such case money in an amount prescribed by the court may be deposited with the clerk in lieu of a bond. After a bond or other security shall have been given, the court in its discretion may require additional security either on its own motion or upon motion of an interested party or person. The courts shall exercise care to require adequate though not excessive security in every instance.
[ 1927 c 272 s 1; RRS s 958-4.]
Notes:
Suretyship: Chapters 19.72, 48.28 RCW.

catchline: Court may fix amount of bond in civil actions.


title: RCW 4.44.480

text:
When it is admitted by the pleading or examination of a party, that the party possesses or has control of any money, or other thing capable of delivery, which being the subject of the litigation, is held by him or her as trustee for another party, or which belongs or is due to another party, the court may order the same to be deposited in court, or delivered to such party, with or without security, subject to the further direction of the court.
[ 2003 c 406 s 27; Code 1881 s 195; 1877 p 41 s 199; 1869 p 49 s 203; 1854 p 163 s 174; RRS s 745.]
Notes:
Rules of court: Cf. CR 67.

catchline: Deposits in court—Order.


title: RCW 4.44.490

text:
Whenever, in the exercise of its authority, a court shall have ordered the deposit or delivery of money or other thing, and the order is disobeyed, the court, besides punishing the disobedience as for contempt, may make an order requiring the sheriff to take the money or thing, and deposit or deliver it, in conformity with the direction of the court.
[Code 1881 s 196; 1877 p 41 s 200; 1869 p 49 s 200; 1854 p 163 s 175; RRS s 746.]
Notes:
Rules of court: Cf. CR 67.

catchline: Deposits in court—Enforcement of order.


title: RCW 4.44.500

text:
Money deposited, or paid into a court in an action, shall not be loaned out, unless, with the consent of all parties having an interest in, or making claim to the same.
[Code 1881 s 197; 1877 p 41 s 201; 1869 p 49 s 201; 1854 p 163 s 176; RRS s 747.]
Notes:
Rules of court: Cf. CR 67.

catchline: Deposits in court—Custody of money deposited.


title: RCW 4.48.010

text:
The court shall order all or any of the issues in a civil action, whether of fact or law, or both, referred to a referee upon the written consent of the parties which is filed with the clerk. Any party shall have the right in an action at law, upon an issue of fact, to demand a trial by jury. No referee appointed under this chapter may preside over a jury trial. The written consent of the parties constitutes a waiver of the right of trial by jury by any party having the right.
[ 1984 c 258 s 512; Code 1881 s 248; 1854 p 168 s 206; RRS s 369. Formerly RCW 4.44.100, part, and 4.48.010.]
Notes:
Rules of court: Cf. CR 38(a).
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Reference by consent—Right to jury trial—Referee may not preside—Parties' written consent constitutes waiver of right.


title: RCW 4.48.020

text:
Where the parties do not consent, the court may upon the application of either party, direct a reference in all cases formerly cognizable in chancery in which reference might be made:
(1) When the trial of an issue of fact shall require the examination of a long account on either side, in which case the referees may be directed to hear and decide the whole issue, or to report upon any specific question of fact involved therein; or,
(2) When the taking of an account shall be necessary for the information of the court, before judgment upon an issue of law, or for carrying a judgment or order into effect; or,
(3) When a question of fact other than upon the pleadings shall arise, upon motion or otherwise, in any stage of the action; or,
(4) When it is necessary for the information of the court in a special proceeding.
[ 1984 c 258 s 513; Code 1881 s 249; 1877 p 51 s 253; 1869 p 61 s 253; 1854 p 168 s 207; RRS s 370.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Reference without consent.


title: RCW 4.48.030

text:
A reference may be ordered to any person or persons not exceeding three, agreed upon by the parties. If the reference is not agreed to by the parties, the court may appoint one or more persons, not exceeding three.
[ 1984 c 258 s 514; Code 1881 s 250; 1877 p 51 s 254; 1869 p 61 s 254; 1854 p 168 s 208; RRS s 371.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: To whom reference may be ordered.


title: RCW 4.48.040

text:
A person appointed by the court as a referee or who serves as a referee with the consent of the parties shall be:
(1) Qualified as a juror as provided by statute.
(2) Competent as juror between the parties.
(3) A duly admitted and practicing attorney.
[ 1984 c 258 s 515; Code 1881 s 251; 1877 p 51 s 255; 1859 p 61 s 255; 1854 p 169 s 209; RRS s 372.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Qualifications of referees.


title: RCW 4.48.050

text:
If a referee is appointed by the court, each party shall have the same right to challenge the appointment. Challenges shall be made and determined in the same manner and with like effect as in the formation of juries, except that neither party shall be entitled to a peremptory challenge.
[ 1984 c 258 s 516; Code 1881 s 252; 1877 p 52 s 256; 1869 p 61 s 256; RRS s 373.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Challenges to referees.


title: RCW 4.48.060

text:
(1) Subject to the limitations and directions prescribed in the order of reference, the trial conducted by a referee shall be conducted in the same manner as a trial by the court. Unless waived in whole or in part, the referee shall apply the rules of pleading, practice, procedure, and evidence used in the superior courts of this state. The referee shall have the same power to grant adjournments, administer oaths, preserve order, punish all violations thereof upon such trial, compel the attendance of witnesses, and to punish them for nonattendance or refusal to be sworn or testify, as is possessed by the court.
(2) A referee appointed under RCW 4.48.010 shall provide clerical personnel necessary for the conduct of the proceeding, including a court reporter.
[ 1984 c 258 s 517; Code 1881 s 253; 1877 p 52 s 257; 1869 p 62 s 257; 1854 p 169 s 210; RRS s 374.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Trial procedure—Powers of referee—Referee to provide clerical personnel.


title: RCW 4.48.070

text:
The report of a referee appointed by the court under RCW 4.48.020 shall state the facts found, and when the order of reference includes an issue of law, it shall state the conclusions of law separately from the facts. The referee shall file with the report the evidence received upon the trial. If evidence offered by either party shall not be admitted on the trial and the party offering the same excepts to the decision rejecting such evidence at the time, the exceptions shall be noted by the referees and they shall take and receive such testimony and file it with the report. Whatever judgment the court may give upon the report, it shall, when it appears that such evidence was frivolous and inadmissible, require the party at whose instance it was taken and reported, to pay all costs and disbursements thereby incurred.
[ 1984 c 258 s 518; Code 1881 s 254; 1877 p 52 s 258; 1869 p 62 s 258; 1854 p 169 s 210; RRS s 375.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Referee's report—Contents—Evidence, filing of, frivolous.


title: RCW 4.48.080

text:
The report of a referee appointed by the court under RCW 4.48.020 shall be filed with the clerk within twenty days after the trial concludes. Either party may, within such time as may be prescribed by the rules of court, or by special order, move to set the same aside, or for judgment thereon, or such order or proceeding as the nature of the case may require.
[ 1984 c 258 s 519; 1957 c 9 s 3; Code 1881 s 255; 1877 p 52 s 259; 1869 p 62 s 259; RRS s 376.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Proceedings on filing of report.


title: RCW 4.48.090

text:
The court may affirm or set aside the report of a referee appointed under RCW 4.48.020 either in whole or in part. If it affirms the report it shall give judgment accordingly. If the report be set aside, either in whole or in part, the court may make another order of reference as to all or so much of the report as is set aside, to the original referees or others, or it may find the facts and determine the law itself and give judgment accordingly. Upon a motion to set aside a report, the conclusions thereof shall be deemed and considered as the verdict of the jury.
[ 1984 c 258 s 520; Code 1881 s 256; 1877 p 52 s 260; 1869 p 62 s 260; RRS s 377.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Judgment on referee's report.


title: RCW 4.48.100

text:
(1) The compensation of a referee appointed under RCW 4.48.020 shall be the same as that established for a superior court judge pro tempore under RCW 2.08.180.
(2) If a referee is appointed pursuant to RCW 4.48.010, the referee's compensation shall be at the rate prescribed by subsection (1) of this section, unless otherwise agreed to by the parties.
(3) Payment of the compensation of a referee appointed under RCW 4.48.010 and the expense of the trial before the referee shall be the obligation of the parties. The obligation shall be borne equally unless the parties agree to a different allocation.
[ 1984 c 258 s 524; Code 1881 s 514; 1877 p 109 s 518; 1854 p 202 s 376; RRS s 483.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Supplemental proceedings, fees of referees: RCW 6.32.280.

catchline: Compensation of referee—Trial expense—Obligation of parties, when.


title: RCW 4.48.110

text:
(1) Within twenty days after the conclusion of a trial before a referee appointed under RCW 4.48.010, unless a later time is agreed to by the parties, the referee shall mail to each party a copy of the referee's proposed written report. The proposed report shall contain the findings of fact and conclusions of law by the referee and the judgment of the referee.
(2) Within ten days after receipt of the copy of the proposed report, any party may serve written objections and suggested modifications or corrections to the proposed report on the referee and the other parties. The referee shall without delay consider the objections and suggestions and prepare a final written report. If requested by any party, the referee shall conduct a hearing on the proposed report and any suggested corrections or modifications before preparing the final written report.
(3) Upon completion of the final written report, the referee shall file with the clerk of the superior court:
(a) Copies of all original papers in the action filed with the referee;
(b) Exhibits offered and received or rejected during the trial;
(c) The transcript of the proceedings in the trial; and
(d) The final written report containing the findings of fact and conclusions of law by the referee and the judgment of the referee.
(4) The presiding judge of the superior court may allow the referee to file the final written report under subsection (3) of this section without any of the items listed in subsection (3) (a) through (c) of this section. However, the presiding judge shall require the referee to file those items if a timely notice of appeal of the judgment is filed.
(5) When the referee files the written report under subsection (3) of this section, the referee shall also mail to each party a copy of the report.
[ 1984 c 258 s 521.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Referee's proposed report—Copies—Objections, etc.—Request for hearing—Final report—Additional items to be filed—Exception—Copies.


title: RCW 4.48.120

text:
(1) Upon receipt by the clerk of the court of the final written report filed under RCW 4.48.110, the referral of the action shall terminate and the presiding judge of the superior court shall order the judgment contained in the report entered as the judgment of the court in the action. Subsequent motions and other post trial proceedings in the action may be conducted and disposed of by the referee upon order of the presiding judge, in the discretion of the presiding judge, or may otherwise be assigned by the presiding judge.
(2) The decision of a referee entered as provided in this section may be reviewed in the same manner as if the decision was made by the court.
[ 1984 c 258 s 522.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Termination of referral—Judgment—Review of referee's decision.


title: RCW 4.48.130

text:
(1) If an action is to be tried by a referee appointed under RCW 4.48.010, at least five days before the date set for the trial the referee shall advise the clerk of the court of the time and place set for the trial. The clerk shall post in a conspicuous place in the courthouse a notice that includes the names of the parties to the action, the time and place set for the trial, the name of the referee, and a statement that the proceeding is being held before a referee agreed to by the parties under chapter 4.48 RCW.
(2) A person interested in attending a trial before a referee appointed under RCW 4.84.010 [ 4.48.010] is entitled to do so as in a trial of a civil action in superior court. Upon request by any person, the referee shall give the person notice of the time and place set for the trial.
[ 1984 c 258 s 523.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Notice of trial before referee.


title: RCW 4.52.010

text:
Parties to a question in difference which might be the subject of a civil action may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought. But it must appear by affidavit that the controversy is real, and the proceedings in good faith to determine the rights of the parties. The court shall thereupon hear and determine the case and render judgment thereon as if an action were pending.
[Code 1881 s 298; 1877 p 61 s 302; 1869 p 73 s 300; RRS s 378.]

catchline: Controversy may be submitted without action.


title: RCW 4.52.020

text:
Judgment shall be entered in the judgment book as in other cases, but without costs for any proceedings prior to the trial. The case, the submission and a copy of the judgment shall constitute the judgment roll.
[Code 1881 s 299; 1877 p 61 s 303; 1869 p 74 s 301; RRS s 379.]

catchline: Judgment to be rendered as in other cases.


title: RCW 4.52.030

text:
The judgment may be enforced in the same manner as if it had been rendered in an action, and shall be in the same manner subject to appeal.
[Code 1881 s 300; 1877 p 61 s 304; 1869 p 74 s 302; RRS s 380.]

catchline: Enforcement of judgment—Appeal.


title: RCW 4.56.050

text:
When a setoff shall be established in an action brought by executors or administrators, and a balance found due to the defendant, the judgment rendered thereon against the plaintiff shall have the same effect as if the action had been originally commenced by the defendant.
[Code 1881 s 500; 1877 p 107 s 504; RRS s 269.]
Notes:
Rules of court: Cf. CR 54(b).

catchline: Effect of judgment against executor or administrator.


title: RCW 4.56.060

text:
If the amount of the setoff, duly established, be equal to the plaintiff's debt or demand, judgment shall be rendered that the plaintiff take nothing by his or her action; if it be less than the plaintiff's debt or demand, the plaintiff shall have judgment for the residue only.
[ 2011 c 336 s 109; Code 1881 s 503; 1877 p 108 s 507; RRS s 271 1/2.]
Notes:
Rules of court: Cf. CR 54(b).

catchline: Judgment in case of setoff—When equal or less than plaintiff's debt.


title: RCW 4.56.070

text:
If there be found a balance due from the plaintiff in the action to the defendant, judgment shall be rendered in favor of the defendant for the amount thereof, but no such judgment shall be rendered against the plaintiff when the contract, which is the subject of the action, shall have been assigned before the commencement of such action, nor for any balance due from any other person than the plaintiff in the action.
[Code 1881 s 504; 1877 p 108 s 508; RRS s 272. FORMER PART OF SECTION: Code 1881 s 303; RRS s 433 now codified as RCW 4.56.075.]
Notes:
Rules of court: Cf. CR 54(b).

catchline: Judgment in case of setoff—When exceeds plaintiff's debt—Effect of contract assignment.


title: RCW 4.56.075

text:
If a setoff established at the trial, exceeds the plaintiff's demand so established, judgment for the defendant shall be given for the excess; or if it appears that the defendant is entitled to any affirmative relief, judgment shall be given accordingly.
[Code 1881 s 303; 1877 p 62 s 307; 1869 p 74 s 305; 1854 p 173 s 231; RRS s 433. Formerly RCW 4.56.070, part.]
Notes:
Rules of court: Cf. CR 54(b).

catchline: Judgment in case of setoff—When exceeds plaintiff's debt or affirmative relief required.


title: RCW 4.56.080

text:
In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property, or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
[Code 1881 s 304; 1877 p 62 s 308; 1869 p 75 s 306; 1854 p 173 s 232; RRS s 434.]

catchline: Judgment in action to recover personal property.


title: RCW 4.56.090

text:
When any judgment has been assigned, the assignment may be filed in the office of the county clerk in the county where the judgment is recorded and a certified copy thereof may be filed in any county where an abstract of such judgment has been filed and from the time of such filing shall be notice of such assignment: PROVIDED, That such assignment of a judgment or such certified copy thereof, may not be filed unless it is properly acknowledged before an officer qualified by law to take acknowledgment of deeds.
[1935 c 22 s 1, part; 1929 c 60 s 5, part; RRS s 447. Prior: 1893 c 42 s 6.]

catchline: Assignment of judgment—Filing.


title: RCW 4.56.100

text:
(1) When any judgment for the payment of money only shall have been paid or satisfied, the clerk of the court in which such judgment was rendered shall note upon the record in the execution docket satisfaction thereof giving the date of such satisfaction upon either the payment to such clerk of the amount of such judgment, costs and interest and any accrued costs by reason of the issuance of any execution, or the filing with such clerk of a satisfaction entitled in such action and identifying the same executed by the judgment creditor or his or her attorney of record in such action or his or her assignee acknowledged as deeds are acknowledged. The clerk has the authority to note the satisfaction of judgments for criminal and juvenile legal financial obligations when the clerk's record indicates payment in full or as directed by the court. Every satisfaction of judgment and every partial satisfaction of judgment which provides for the payment of money shall clearly designate the judgment creditor and his or her attorney if any, the judgment debtor, the amount or type of satisfaction, whether the satisfaction is full or partial, the cause number, and the date of entry of the judgment. A certificate by such clerk of the entry of such satisfaction by him or her may be filed in the office of the clerk of any county in which an abstract of such judgment has been filed. When so satisfied by the clerk or the filing of such certificate the lien of such judgment shall be discharged.
(2) The department of social and health services shall file a satisfaction of judgment for welfare fraud conviction if a person does not pay money through the clerk as required under subsection (1) of this section.
[ 2003 c 379 s 23; 1997 c 358 s 4; 1994 c 185 s 1; 1983 c 28 s 1; 1929 c 60 s 6; RRS s 454. Prior: 1893 c 42 s 7.]
Notes:
Severability—Effective dates—2003 c 379: See notes following RCW 9.94A.728.
Intent—Purpose—2003 c 379 ss 13-27: See note following RCW 9.94A.760.

catchline: Satisfaction of judgments for payment of money.


title: RCW 4.56.110

text:
Interest on judgments shall accrue as follows:
(1) Judgments founded on written contracts, providing for the payment of interest until paid at a specified rate, shall bear interest at the rate specified in the contracts: PROVIDED, That said interest rate is set forth in the judgment.
(2) All judgments for unpaid child support that have accrued under a superior court order or an order entered under the administrative procedure act shall bear interest at the rate of twelve percent.
(3)(a) Judgments founded on the tortious conduct of a "public agency" as defined in RCW 42.30.020 shall bear interest from the date of entry at two percentage points above the equivalent coupon issue yield, as published by the board of governors of the federal reserve system, of the average bill rate for twenty-six week treasury bills as determined at the first bill market auction conducted during the calendar month immediately preceding the date of entry. In any case where a court is directed on review to enter judgment on a verdict or in any case where a judgment entered on a verdict is wholly or partly affirmed on review, interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered.
(b) Except as provided in (a) of this subsection, judgments founded on the tortious conduct of individuals or other entities, whether acting in their personal or representative capacities, shall bear interest from the date of entry at two percentage points above the prime rate, as published by the board of governors of the federal reserve system on the first business day of the calendar month immediately preceding the date of entry. In any case where a court is directed on review to enter judgment on a verdict or in any case where a judgment entered on a verdict is wholly or partly affirmed on review, interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered.
(4) Except as provided under subsection (1) of this section, judgments for unpaid private student loan debt, as defined in RCW 6.01.060, shall bear interest from the date of entry at two percentage points above the prime rate, as published by the board of governors of the federal reserve system on the first business day of the calendar month immediately preceding the date of entry.
(5) Except as provided under subsection (1) of this section, judgments for unpaid consumer debt, as defined in RCW 6.01.060, shall bear interest from the date of entry at a rate of nine percent.
(6) Except as provided under subsections (1) through (5) of this section, judgments shall bear interest from the date of entry at the maximum rate permitted under RCW 19.52.020 on the date of entry thereof. In any case where a court is directed on review to enter judgment on a verdict or in any case where a judgment entered on a verdict is wholly or partly affirmed on review, interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered. The method for determining an interest rate prescribed by this subsection is also the method for determining the "rate applicable to civil judgments" for purposes of RCW 10.82.090.
[ 2019 c 371 s 1; 2018 c 199 s 201; 2010 c 149 s 1; 2004 c 185 s 2; 1989 c 360 s 19; 1983 c 147 s 1; 1982 c 198 s 1; 1980 c 94 s 5; 1969 c 46 s 1; 1899 c 80 s 6; 1895 c 136 s 4; RRS s 457.]
Notes:
Findings—Intent—Short title—2018 c 199: See notes following RCW 67.08.100.
Application—Interest accrual—2004 c 185: See note following RCW 4.56.115.
Application—1983 c 147: "The 1983 amendments of RCW 4.56.110 and 4.56.115 apply only to judgments entered after July 24, 1983." [ 1983 c 147 s 3.]
Effective date—1980 c 94: See note following RCW 4.84.250.

catchline: Interest on judgments.


title: RCW 4.56.111

text:
The rate of interest required by RCW 4.56.110(3) (a) and (b) applies to the accrual of interest:
(1) As of the date of entry of judgment with respect to a judgment that is entered on or after June 10, 2010; and
(2) As of June 10, 2010, with respect to a judgment that was entered before June 10, 2010, and that is still accruing interest on June 10, 2010.
[ 2010 c 149 s 2.]

catchline: Interest on judgments—Rate.


title: RCW 4.56.115

text:
Judgments founded on the tortious conduct of the state of Washington or of the political subdivisions, municipal corporations, and quasi municipal corporations of the state, whether acting in their governmental or proprietary capacities, shall bear interest from the date of entry at two percentage points above the equivalent coupon issue yield (as published by the board of governors of the federal reserve system) of the average bill rate for twenty-six week treasury bills as determined at the first bill market auction conducted during the calendar month immediately preceding the date of entry thereof. In any case where a court is directed on review to enter judgment on a verdict or in any case where a judgment entered on a verdict is wholly or partly affirmed on review, interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered.
[ 2004 c 185 s 1; 1983 c 147 s 2; 1975 c 26 s 1.]
Notes:
Application—Interest accrual—2004 c 185: "The rate of interest required by sections 1 and 2(3), chapter 185, Laws of 2004 applies to the accrual of interest:
(1) As of the date of entry of judgment with respect to a judgment that is entered on or after June 10, 2004;
(2) As of June 10, 2004, with respect to a judgment that was entered before June 10, 2004, and that is still accruing interest on June 10, 2004." [ 2004 c 185 s 3.]
Application—1983 c 147: See note following RCW 4.56.110.

catchline: Interest on judgments against state, political subdivisions or municipal corporations—Torts.


title: RCW 4.56.120

text:
An action in the superior court may be dismissed by the court and a judgment of nonsuit rendered in the following cases:
(1) Upon the motion of the plaintiff, (a) when the case is to be or is being tried before a jury, at any time before the court announces its decision in favor of the defendant upon a challenge to the legal sufficiency of the evidence, or before the jury retire to consider their verdict, (b) when the action, whether for legal or equitable relief, is to be or is being tried before the court without a jury, at any time before the court has announced its decision: PROVIDED, That no action shall be dismissed upon the motion of the plaintiff, if the defendant has interposed a setoff as a defense, or seeks affirmative relief growing out of the same transaction, or sets up a counterclaim, either legal or equitable, to the specific property or thing which is the subject matter of the action.
(2) Upon the motion of either party, upon the written consent of the other.
(3) When the plaintiff fails to appear at the time of trial and the defendant appears and asks for a dismissal.
(4) Upon its own motion, when, upon the trial and before the final submission of the case, the plaintiff abandons it.
(5) Upon its own motion, on the refusal or neglect of the plaintiff to make the necessary parties defendants, after having been ordered so to do by the court.
(6) Upon the motion of some of the defendants, when there are others whom the plaintiff fails to prosecute with diligence.
(7) Upon its own motion, for disobedience of the plaintiff to an order of the court concerning the proceedings in the action.
(8) Upon the motion of the defendant, when, upon the trial, the plaintiff fails to prove some material fact or facts necessary to sustain his or her action, as alleged in his or her complaint. When judgment of nonsuit is given, the action is dismissed, but such judgment shall not have the effect to bar another action for the same cause. In every case, other than those mentioned in this section, the judgment shall be rendered upon the merits and shall bar another action for the same cause.
[ 2011 c 336 s 110; 1929 c 89 s 1; RRS ss 408, 409, 410. Formerly RCW 4.56.120, 4.56.130, and 4.56.140. Prior: Code 1881 ss 286, 287, 288; 1877 p 58 ss 290, 291, 292; 1869 p 69 ss 288, 289, 290; 1854 p 171 ss 223, 224.]
Notes:
Rules of court: Cf. CR 41(a), (b).

catchline: Judgment of dismissal or nonsuit, grounds, effect—Other judgments on merits.


title: RCW 4.56.150

text:
In all cases tried in the superior court with a jury, the defendant, at the close of the plaintiff's evidence, or either party, at the close of all the evidence, may challenge the legal sufficiency of the evidence to warrant a verdict in favor of the adverse party, and if the court shall decide as a matter of law the evidence does not warrant a verdict, it shall thereupon discharge the jury from further consideration of the case and enter a judgment in accordance with its decision, which judgment if it be in favor of the defendant shall be a bar to another action by the plaintiff for the same cause: PROVIDED, That in case the defendant challenge the legal sufficiency of the evidence at the close of plaintiff's case, and the court shall decide that it is insufficient merely for failure of proof of some material fact, or facts, and that there is reasonable ground to believe that such proof can be supplied in a subsequent action, the court may discharge the jury and enter a judgment of nonsuit as provided in RCW 4.56.120: AND PROVIDED, FURTHER, That nothing in this section shall be construed to authorize the court to discharge the jury and determine disputed questions of fact.
[ 1929 c 89 s 2; 1895 c 40 s 1; RRS s 410-1.]
Notes:
Rules of court: Cf. CR 50(a).

catchline: Challenge to legal sufficiency of evidence—Judgment in bar or of nonsuit.


title: RCW 4.56.190

text:
The real estate of any judgment debtor, and such as the judgment debtor may acquire, not exempt by law, shall be held and bound to satisfy any judgment of the district court of the United States rendered in this state and any judgment of the supreme court, court of appeals, superior court, or district court of this state, and every such judgment shall be a lien thereupon to commence as provided in RCW 4.56.200 and to run for a period of not to exceed ten years from the day on which such judgment was entered unless the ten-year period is extended in accordance with RCW 6.17.020(3), or unless the judgment results from a criminal sentence for a crime that was committed on or after July 1, 2000, in which case the lien will remain in effect until the judgment is fully satisfied. As used in this chapter, real estate shall not include the vendor's interest under a real estate contract for judgments rendered after August 23, 1983. If a judgment debtor owns real estate, subject to execution, jointly or in common with any other person, the judgment shall be a lien on the interest of the defendant only.
Personal property of the judgment debtor shall be held only from the time it is actually levied upon.
[ 2011 c 106 s 4; 1994 c 189 s 3. Prior: 1987 c 442 s 1103; 1987 c 202 s 116; 1983 1st ex.s. c 45 s 5; 1980 c 105 s 3; 1971 c 81 s 16; 1929 c 60 s 1; RRS s 445; prior: 1893 c 42 s 9; Code 1881 s 321; 1869 p 78 s 317; 1860 p 51 s 234; 1857 p 11 s 15; 1854 p 175 s 240.]
Notes:
Finding—2011 c 106: See note following RCW 10.82.090.
Application—1987 c 442 s 1103: "The amendment of RCW 4.56.190 by this act applies only to judgments entered after July 26, 1987." [ 1987 c 442 s 1104.]
Intent—1987 c 202: See note following RCW 2.04.190.
Application—1980 c 105: See note following RCW 4.16.020.
Repeal and saving—1929 c 60: "That chapter XXVIII (28), sections 320, 321, 322, and chapter XXIX (29), sections 323 and 324, and section 753 of the Code of Washington Territory of 1881; an act entitled 'An Act relating to the filing and recording of transcripts of judgments rendered in this state by the district or circuit courts of the United States', approved February 19, 1890, Laws of 1889/90, pages 97 to 98; section 5 of chapter XXXVIII (38) of the Laws of 1891, pages 77 to 78; chapter LXXXIV (84) of the Laws of 1891, pages 165 to 166; chapter XLII (42) of the Laws of 1893 pages 65 to 67, and chapter XXXIX (39) of the Laws of 1897, pages 52 to 53, chapter XI of the Laws of 1897, page 10, (sections 445, 446, 447, 450, 451, 452, 453, 454, 455, 456, 458, 459, 460, 461, 462 and 463 of Remington's Compiled Statutes; sections 8111, 8112, 8113, 8114, 8115, 8116, 8117, 8118, 8119, 8120, 8121, 8125, 8126, 8163, 8164 and 8165 of Pierce's Code) are hereby repealed: PROVIDED, That such repeal shall not be construed as affecting any rights acquired or the validity of any act done or proceeding had or pending under the provisions of any of said acts repealed." [ 1929 c 60 s 9.]
Entry of judgments—Superior court—District court—Small claims: RCW 6.01.020.
Execution of judgments: RCW 6.17.020.

catchline: Lien of judgment.


title: RCW 4.56.200

text:
The lien of judgments upon the real estate of the judgment debtor shall commence as follows:
(1) Judgments of the district court of the United States rendered or filed in the county in which the real estate of the judgment debtor is situated, from the time of the entry or filing thereof;
(2) Judgments of the superior court for the county in which the real estate of the judgment debtor is situated, from the time of the filing by the county clerk upon the execution docket in accordance with RCW 4.64.030;
(3) Judgments of the district court of the United States rendered in any county in this state other than that in which the real estate of the judgment debtor to be affected is situated, judgments of the supreme court of this state, judgments of the court of appeals of this state, and judgments of the superior court for any county other than that in which the real estate of the judgment debtor to be affected is situated, from the time of the filing of a duly certified abstract of such judgment with the county clerk of the county in which the real estate of the judgment debtor to be affected is situated, as provided in this act;
(4) Judgments of a district court of this state rendered or filed as a foreign judgment in a superior court in the county in which the real estate of the judgment debtor is situated, from the time of the filing of a duly certified district court judgment or duly certified transcript of the docket of the district court with the county clerk of the county in which such judgment was rendered or filed, and upon such filing said judgment shall become to all intents and purposes a judgment of the superior court for said county; and
(5) Judgments of a district court of this state rendered or filed in a superior court in any other county in this state than that in which the real estate of the judgment debtor to be affected is situated, a transcript of the docket of which has been filed with the county clerk of the county where such judgment was rendered or filed, from the time of filing, with the county clerk of the county in which the real estate of the judgment debtor to be affected is situated, of a duly certified abstract of the record of said judgment in the office of the county clerk of the county in which the certified transcript of the docket of said judgment of said district court was originally filed.
[ 2019 c 251 s 8; 2012 c 133 s 1; 2002 c 261 s 3; 1987 c 202 s 117; 1971 c 81 s 17; 1929 c 60 s 2; RRS s 445-1.]
Notes:
Reviser's note: The words at the end of subsection (3) reading "as provided in this act" appeared in chapter 60, Laws of 1929 which is codified as RCW 4.56.090, 4.56.100, 4.56.190 through 4.56.210, 4.64.070, 4.64.090, 4.64.110, and 4.64.120.
Intent—1987 c 202: See note following RCW 2.04.190.
Entry of verdict in execution docket—Effect—Cessation of lien: RCW 4.64.020, 4.64.100.

catchline: Commencement of lien on real estate.


title: RCW 4.56.210

text:
(1) Except as provided in subsections (2) and (3) of this section, after the expiration of ten years from the date of the entry of any judgment heretofore or hereafter rendered in this state, it shall cease to be a lien or charge against the estate or person of the judgment debtor. No suit, action or other proceeding shall ever be had on any judgment rendered in this state by which the lien shall be extended or continued in force for any greater or longer period than ten years.
(2) An underlying judgment or judgment lien entered after *the effective date of this act for accrued child support shall continue in force for ten years after the eighteenth birthday of the youngest child named in the order for whom support is ordered. All judgments entered after *the effective date of this act shall contain the birthdate of the youngest child for whom support is ordered.
(3) A lien based upon an underlying judgment continues in force for an additional ten-year period if the period of execution for the underlying judgment is extended under RCW 6.17.020.
[ 1995 c 75 s 1; 1989 c 360 s 2; 1979 ex.s. c 236 s 1; 1929 c 60 s 7; RRS ss 459, 460. Formerly RCW 4.56.210 and 4.56.220. Prior: 1897 c 39 ss 1, 2.]
Notes:
*Reviser's note: This act [1989 c 360] has three effective dates. Sections 9, 10, and 16 are effective May 12, 1989, section 39 is effective July 1, 1990, and the remainder of this act is effective July 23, 1989.
Entry of judgments—Superior court—District court—Small claims: RCW 6.01.020.

catchline: Cessation of lien—Extension prohibited—Exception.


title: RCW 4.56.260

text:
(1) In an action based on fault seeking damages for personal injury or property damage in which a verdict or award for future economic damages of at least one hundred thousand dollars is made, the court or arbitrator shall, at the request of a party, enter a judgment which provides for the periodic payment in whole or in part of the future economic damages. With respect to the judgment, the court or arbitrator shall make a specific finding as to the dollar amount of periodic payments intended to compensate the judgment creditor for the future economic damages.
(2) Prior to entry of judgment, the court shall request each party to submit a proposal for periodic payment of future economic damages to compensate the claimant. Proposals shall include provisions for: The name of the recipient or recipients of the payments, the dollar amount of the payments, the interval between payments, the number of payments or the period of time over which the payments shall be made, modification for hardship or unforeseen circumstances, posting of adequate security, and any other factor the court deems relevant under the circumstances. After each party has submitted a proposal, the court shall select the proposal, with any changes the court deems proper, which in the discretion of the court and the interests of justice best provides for the future needs of the claimant and enter judgment accordingly.
(3) If the court enters a judgment for periodic payments and any security required by the judgment is not posted within thirty days, the court shall enter a judgment for the payment of future damages in a lump sum.
(4) If at any time following entry of judgment for periodic payments, a judgment debtor fails for any reason to make a payment in a timely fashion according to the terms of the judgment, the judgment creditor may petition the court for an order requiring payment by the judgment debtor of the outstanding payments in a lump sum. In calculating the amount of the lump sum judgment, the court shall total the remaining periodic payments due and owing to the judgment creditor converted to present value. The court may also require payment of interest on the outstanding judgment.
(5) Upon the death of the judgment creditor, the court which rendered the original judgment may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages. Money damages awarded for loss of future earnings shall not be reduced or payments terminated by reason of the death of the judgment creditor.
(6) Upon satisfaction of a periodic payment judgment, any obligation of the judgment debtor to make further payments shall cease and any security posted pursuant to this section shall revert to the judgment debtor.
[ 1986 c 305 s 801.]
Notes:
Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.

catchline: Award of future economic damages—Proposal for periodic payments—Security—Satisfaction of judgment.


title: RCW 4.60.010

text:
On the confession of the defendant, with the assent of the plaintiff or his or her attorney, judgment may be given against the defendant in any action before or after answer, for any amount or relief not exceeding or different from that demanded in the complaint.
[ 2011 c 336 s 111; Code 1881 s 291; 1877 p 60 s 295; 1869 p 72 s 293; 1854 p 172 ss 226-228; RRS s 413.]

catchline: Judgment on confession authorized.


title: RCW 4.60.020

text:
When the action is against the state, a county or other public corporation therein, or a private corporation, or a minor, the confession shall be made by the person who at the time sustains the relation to such state, corporation, county or minor, as would authorize the service of a notice summons upon him or her; or in the case of a minor, if a guardian for the action has been appointed, then by such guardian; in all other cases the confession shall be made by the defendant in person.
[ 2011 c 336 s 112; Code 1881 s 292; 1877 p 60 s 296; 1869 p 72 s 294; RRS s 414.]

catchline: Confession by public and private corporations and minors.


title: RCW 4.60.030

text:
When the action is upon a contract and against one or more defendants jointly liable, judgment may be given on the confession of one or more defendants, against all the defendants thus jointly liable, whether such defendants have been served or not, to be enforced only against their joint property and against the joint and separate property of the defendant making the confession.
[Code 1881 s 293; 1877 p 60 s 297; 1869 p 72 s 295; RRS s 415.]

catchline: Confession by person jointly liable.


title: RCW 4.60.040

text:
The confession and assent thereto shall be in writing and subscribed by the parties making the same, and acknowledged by each before some officer authorized to take acknowledgments of deeds.
[Code 1881 s 294; 1877 p 60 s 298; 1869 p 72 s 296; RRS s 416.]

catchline: Confession, how made.


title: RCW 4.60.050

text:
A judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter.
[Code 1881 s 295; 1877 p 60 s 299; 1869 p 73 s 297; RRS s 417.]

catchline: Judgment by confession without suit.


title: RCW 4.60.060

text:
A statement in writing shall be made, signed by the defendant and verified by his or her oath, to the following effect:
(1) It shall authorize the entry of judgment for a specified sum.
(2) If it be for money due or to become due, it shall state concisely the facts out of which the indebtedness arose, and shall show that the sum confessed to be due, is justly due or to become due.
(3) If it be for the purpose of securing the plaintiff against a contingent liability, it shall state concisely the facts constituting the liability, and show that the sum confessed therefor does not exceed the same.
[ 2011 c 336 s 113; Code 1881 s 296; 1877 p 61 s 300; 1869 p 73 s 298; RRS s 418.]

catchline: Statement in writing—Requisites.


title: RCW 4.60.070

text:
The statement must be presented to the superior court or a judge thereof, and if the same be found sufficient, the court or judge shall indorse thereon an order that judgment be entered by the clerk; whereupon it may be filed in the office of the clerk, who shall enter a judgment for the amount confessed, with costs. Execution may be issued and enforced thereon in the same manner as upon judgments in other cases.
[Code 1881 s 297; 1877 p 61 s 301; 1869 p 73 s 299; RRS s 419.]

catchline: Judgment on confession—Entry—Execution.


title: RCW 4.64.020

text:
(1) The clerk on the return of a verdict shall forthwith enter it in the execution docket, specifying the amount, the names of the parties to the action, and the names of the party or parties against whom the verdict is rendered; such entry shall be indexed in the record index and shall conform as near as may be to entries of judgments required to be made in the execution docket.
(2) Beginning at eight o'clock a.m. the day after the entry of a verdict as herein provided, it shall be notice to all the world of the rendition thereof, and any person subsequently acquiring title to or a lien upon the real property of the party or parties against whom the verdict is returned shall be deemed to have acquired such title or lien with notice, and such title or lien shall be subject and inferior to any judgment afterwards entered on the verdict.
[ 1987 c 442 s 1109; 1927 c 176 s 1; 1921 c 65 s 2; RRS s 431-1.]
Notes:
Rules of court: Cf. CR 58(b).

catchline: Entry of verdict in execution docket—Effect.


title: RCW 4.64.030

text:
(1) The clerk shall enter all judgments in the execution docket, subject to the direction of the court and shall specify clearly the amount to be recovered, the relief granted, or other determination of the action.
(2)(a) On the first page of each judgment which provides for the payment of money, including foreign judgments, judgments in rem, mandates of judgments, and judgments on garnishments, the following shall be succinctly summarized: The judgment creditor and the name of his or her attorney, the judgment debtor, the amount of the judgment, the interest owed to the date of the judgment, and the total of the taxable costs and attorney fees, if known at the time of the entry of the judgment, and in the entry of a foreign judgment, the filing and expiration dates of the judgment under the laws of the original jurisdiction.
(b) If the judgment provides for the award of any right, title, or interest in real property, the first page must also include an abbreviated legal description of the property in which the right, title, or interest was awarded by the judgment, including lot, block, plat, or section, township, and range, and reference to the judgment page number where the full legal description is included, if applicable; or the assessor's property tax parcel or account number, consistent with RCW 65.04.045(1) (f) and (g).
(c) If the judgment provides for damages arising from the ownership, maintenance, or use of a motor vehicle as specified in RCW 46.29.270, the first page of the judgment summary must clearly state that the judgment is awarded pursuant to RCW 46.29.270 and that the clerk must give notice to the department of licensing as outlined in *RCW 46.29.310.
(3) If the attorney fees and costs are not included in the judgment, they shall be summarized in the cost bill when filed. The clerk may not enter a judgment, and a judgment does not take effect, until the judgment has a summary in compliance with this section. The clerk is not liable for an incorrect summary.
[ 2003 c 43 s 1; 2000 c 41 s 1; 1999 c 296 s 1; 1997 c 358 s 5; 1995 c 149 s 1; 1994 c 185 s 2; 1987 c 442 s 1107; 1984 c 128 s 6; 1983 c 28 s 2; Code 1881 s 305; 1877 p 62 s 309; 1869 p 75 s 307; RRS s 435.]
Notes:
Rules of court: Cf. CR 58(a), CR 58(b), CR 78(e).
*Reviser's note: RCW 46.29.310 was amended by 2016 c 93 s 5, requiring that the judgment creditor, rather than the clerk of the court, provide notice to the department of licensing.

catchline: Entry of judgment—Form of judgment summary.


title: RCW 4.64.060

text:
Every county clerk shall keep in the clerk's office a record, to be called the execution docket, which shall be a public record and open during the usual business hours to all persons desirous of inspecting it. The record must be indexed both directly and inversely, and include all judgments, abstracts, and transcripts of judgments in the clerk's office. The index must refer to each party against whom the judgment is rendered or whose property is affected by the judgment.
[ 1997 c 358 s 6; 1987 c 442 s 1105; 1967 ex.s. c 34 s 1; Code 1881 s 307; 1877 p 62 s 311; 1869 p 75 s 309; 1854 p 173 s 234; RRS s 444.]

catchline: Execution docket—Index of record.


title: RCW 4.64.080

text:
When entering a judgment in the execution docket, the clerk shall leave space on the same page, if practicable, in which the clerk shall enter, in the order in which they occur, all the proceedings subsequent to the judgment in the case until its final satisfaction, including when and to what county an execution is issued, when returned, and the return or the substance thereof. When the execution is levied on personal property which is returned unsold, the entry shall be: "levied (noting the date) on property not sold." When any sheriff shall furnish the clerk with a copy of any levy upon real estate on any judgment the minutes of which are entered in the execution docket, the entry shall be: "levied upon real estate," noting the date. When any execution issued to any other county is returned levied upon real estate in such county, the entry in the docket shall be, "levied on real estate of . . . . . ., in . . . . . . county," noting the date, county, and defendants whose estate is levied upon. When any money is paid, the amount and time when paid shall be entered. When a judgment is appealed, modified, discharged, or in any manner satisfied, the facts in respect thereto shall be entered. The parties interested may also assign or discharge such judgment on such execution docket. When the judgment is fully satisfied in any way, the clerk shall write the word "satisfied," in large letters across the face of the record of such judgment in the execution docket.
[ 1987 c 442 s 1108; 1957 c 7 s 6; 1923 c 130 s 2; Code 1881 s 310; 1877 p 63 s 314; 1869 p 76 s 312; 1854 p 174 s 237; RRS s 448.]

catchline: Entries in execution docket.


title: RCW 4.64.090

text:
The abstract of a judgment shall contain (1) the name of the party, or parties, in whose favor the judgment was rendered; (2) the name of the party, or parties, against whom the judgment was rendered; (3) the date of the rendition of the judgment; (4) the amount for which the judgment was rendered, and in the following manner, viz: Principal $. . . .; interest $. . . .; costs $. . . .; total $. . . . .
[ 1987 c 442 s 1113; 1957 c 7 s 8. Prior: 1929 c 60 s 3, part; 1893 c 42 s 3; RRS s 451.]

catchline: Abstract of judgment.


title: RCW 4.64.100

text:
The clerk shall, on request and at the expense of the party in whose favor the verdict is rendered, or the party's attorney, prepare an abstract of such verdict in substantially the same form as an abstract of a judgment and transmit such abstract to the clerk of any court in any county in the state as directed, and shall make a note on the execution docket of the name of the county to which each of such abstracts is sent. The clerk receiving such abstract shall, on payment of the statutory fee, enter and index it in the execution docket in the same manner as an abstract of judgment. The entry shall have the same effect in such county as in the county where the verdict was rendered.
Whenever the verdict, or any judgment rendered thereon, shall cease to be a lien in the county where rendered, the clerk of the court shall on request of anyone, and the payment of the cost and expense thereof, certify that the lien has ceased, and transmit such certificate to the clerk of any court to which an abstract was forwarded, and the clerk receiving the certificate, on payment of the statutory fee, shall enter it in the execution docket, and then the lien of such verdict or judgment shall cease. Nothing in this section or RCW 4.64.020 shall be construed as authorizing the issuance of an execution by a clerk in any other county than that in which the judgment is rendered.
[ 1987 c 442 s 1110; 1984 c 76 s 5; 1921 c 65 s 3; RRS s 431-2.]
Notes:
Fees of
superior court clerks: RCW 36.18.020.
supreme and appellate court clerks: RCW 2.32.070.

catchline: Abstract of verdict—Cessation of lien, certificate.


title: RCW 4.64.110

text:
A transcript of the district court docket shall contain an exact copy of the district court judgment from the docket.
[ 1987 c 202 s 118; 1957 c 7 s 9. Prior: 1929 c 60 s 3, part; 1893 c 42 s 4; RRS s 452.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Transcript of district court docket.


title: RCW 4.64.120

text:
It shall be the duty of the county clerk to enter in the execution docket any duly certified transcript of a judgment of a district court of this state and any duly certified abstract of any judgment of any court mentioned in RCW 4.56.200, filed in the county clerk's office, and to index the same in the same manner as judgments originally rendered in the superior court for the county of which he or she is clerk. Jurisdiction over the judgment, including modification to or vacation of the original judgment, transfers to the superior court. The superior court may, in its discretion, remand the cause to district court for determination of any motion to vacate or modify the original judgment.
[ 1997 c 358 s 2. Prior: 1987 c 442 s 1111; 1987 c 202 s 119; 1929 c 60 s 4; RRS s 453; prior: 1893 c 42 s 5.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Entry of abstract or transcript of judgment.


title: RCW 4.68.010

text:
When a judgment is recorded against one or more of several persons jointly indebted upon an obligation by proceeding as provided by the court by rule, such defendants who were not originally served with the summons, and did not appear to the action, may be summoned to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons.
[ 1984 c 76 s 6; Code 1881 s 314; 1877 p 64 s 318; RRS s 436.]

catchline: Summons after judgment.


title: RCW 4.68.020

text:
The summons, as provided in RCW 4.68.010, must describe the judgment, and require the person summoned to show cause why he or she should not be bound by it, and must be served in the same manner and returnable within the same time, as the original summons. It is not necessary to file a new complaint.
[ 2011 c 336 s 114; Code 1881 s 315; 1877 p 64 s 319; RRS s 437.]

catchline: Contents of summons.


title: RCW 4.68.030

text:
The summons must be accompanied by an affidavit of the plaintiff, his or her agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and must specify the amount due thereon.
[ 2011 c 336 s 115; Code 1881 s 316; 1877 p 65 s 320; RRS s 438.]

catchline: Affidavit must accompany summons.


title: RCW 4.68.040

text:
Upon the service of such summons and affidavit, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently to the taking of the judgment, or he or she may deny his or her liability on the obligation upon which the judgment was rendered, except a discharge from such liability by the statute of limitations.
[ 2011 c 336 s 116; Code 1881 s 317; 1877 p 65 s 321; RRS s 439.]

catchline: Defenses.


title: RCW 4.68.050

text:
If the defendant in his or her answer, deny the judgment, or set up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the case; if he or she deny his or her liability on the obligation upon which the judgment was rendered, a copy of the original complaint and judgment, the summons with the affidavit annexed, and the answer constitute such written allegations.
[ 2011 c 336 s 117; Code 1881 s 318; 1877 p 65 s 322; RRS s 440.]

catchline: Pleadings.


title: RCW 4.68.060

text:
The issue formed may be tried as in other cases, but when the defendant denies in his or her answer any liability on the obligation upon which the judgment was rendered, if a verdict be found against him or her, it must not exceed the amount remaining unsatisfied on such original judgment, with interest thereon.
[ 2011 c 336 s 118; Code 1881 s 319; 1877 p 65 s 323; RRS s 441.]

catchline: Trial.


title: RCW 4.72.010

text:
The superior court in which a judgment or final order has been rendered, or made, shall have power to vacate or modify such judgment or order:
(1) By granting a new trial for the cause, within the time and in the manner, and for any of the causes prescribed by the rules of court relating to new trials.
(2) By a new trial granted in proceedings against defendant served by publication only as prescribed in RCW 4.28.200.
(3) For mistakes, neglect or omission of the clerk, or irregularity in obtaining a judgment or order.
(4) For fraud practiced by the successful party in obtaining the judgment or order.
(5) For erroneous proceedings against a minor or person of unsound mind, when the condition of such defendant does not appear in the record, nor the error in the proceedings.
(6) For the death of one of the parties before the judgment in the action.
(7) For unavoidable casualty, or misfortune preventing the party from prosecuting or defending.
(8) For error in a judgment shown by a minor, within twelve months after arriving at full age.
[ 1957 c 9 s 4; Code 1881 s 436; 1877 p 96 s 438; 1875 p 20 s 1; RRS s 464.]
Notes:
Rules of court: Cf. CR 52(d), CR 60(b).
Judgment to recover realty, vacation: RCW 7.28.260.

catchline: Causes for enumerated.


title: RCW 4.72.020

text:
The proceedings to vacate or modify a judgment or order for mistakes or omissions of the clerk, or irregularity in obtaining the judgment or order, shall be by motion served on the adverse party or on his or her attorney in the action, and within one year.
[ 2011 c 336 s 119; 1891 c 27 s 1; Code 1881 s 438; 1877 p 97 s 440; 1875 p 21 s 3; RRS s 466.]
Notes:
Rules of court: Cf. CR 60(b).

catchline: Motion to vacate—Time limitation.


title: RCW 4.72.030

text:
RCW 4.72.010 (2), (3), (4), (5), (6), and (7) shall be by petition verified by affidavit, setting forth the judgment or order, the facts or errors constituting a cause to vacate or modify it, and if the party is a defendant, the facts constituting a defense to the action; and such proceedings must be commenced within one year after the judgment or order was made, unless the party entitled thereto be a minor or person of unsound mind, and then within one year from the removal of such disability.
[ 1891 c 27 s 2; Code 1881 s 439; 1877 p 97 s 441; 1875 p 21 s 4; RRS s 467.]
Notes:
Rules of court: Cf. CR 60(b).

catchline: Petition to vacate for certain causes—Time limitation.


title: RCW 4.72.050

text:
The judgment shall not be vacated on motion or petition until it is adjudged that there is a valid defense to the action in which the judgment is rendered; or, if the plaintiff seeks its vacation, that there is a valid cause of action; and when judgment is modified, all liens and securities obtained under it shall be preserved to the modified judgment.
[Code 1881 s 441; 1877 p 97 s 443; 1875 p 22 s 6; RRS s 469.]

catchline: Conditions precedent to vacation.


title: RCW 4.72.060

text:
The court may first try and decide upon the grounds to vacate or modify a judgment or order, before trying or deciding upon the validity of the defense or cause of action.
[Code 1881 s 442; 1877 p 97 s 440; 1875 p 22 s 7; RRS s 470.]

catchline: Grounds for vacation may first be tried.


title: RCW 4.72.070

text:
The party seeking to vacate or modify a judgment or order may obtain an injunction suspending proceedings on the whole or part thereof, which injunction may be granted by the court or the judge upon its being rendered probable, by affidavit or petition sworn to, or by exhibition of the record, that the party is entitled to have such judgment or order vacated or modified.
[Code 1881 s 443; 1877 p 97 s 445; 1875 p 22 s 8; RRS s 471.]
Notes:
Rules of court: Cf. CR 62.

catchline: Injunction to suspend proceedings.


title: RCW 4.72.080

text:
The provisions of this chapter shall not be so construed as to affect the power of the court to vacate or modify judgments or orders as elsewhere in this code provided; nor shall the time limitations set forth in this chapter within which proceedings to vacate or modify a judgment must be started apply to a judgment heretofore or hereafter entered by consent or stipulation where the grounds to vacate or modify such judgment are based on fraud or misrepresentation, or when after the entry of the judgment either party fails to fulfill the terms and conditions on which the consent judgment or stipulation was entered; nor shall any judgment of acquittal in a criminal action be vacated under the provisions of this chapter.
[ 1961 c 88 s 1; 1891 c 27 s 4; RRS s 472.]
Notes:
Reviser's note: The words "this code" appeared in 1891 c 27 s 4.

catchline: Construction of chapter—Time limitations when fraud, misrepresentation concerned.


title: RCW 4.72.090

text:
In all cases in which an application under this chapter to vacate or modify a judgment or order for the recovery of money is denied, if proceedings on the judgment or order shall have been suspended, judgment shall be rendered against the plaintiff [applicant] for the amount of the former judgment or order, interest and costs, together with damages at the discretion of the court, not exceeding ten percent on the amount of the judgment or order.
[ 1891 c 27 s 5; Code 1881 s 444; 1877 p 97 s 446; 1875 p 22 s 9; RRS s 473.]

catchline: Judgment upon denial of application.


title: RCW 4.74.010

text:
In this chapter:
(1) "Affiliate" has the same meaning as provided in RCW 48.31B.005.
(2) "Charge off" means a creditor's removal of a consumer debt as an asset from the creditor's financial records.
(3) "Consumer" means an individual named as a defendant in an action for collection of a consumer debt to which this chapter applies.
(4) "Consumer debt" means an obligation or alleged obligation of an individual to pay money that arises out of a transaction in which the money, property, insurance, or service that is the subject of the transaction is primarily for a personal, family, or household purpose.
(5) "Creditor" means a person to which a consumer debt is owed at the time of the itemization date. If purchased debt is owed on the itemization date, the "creditor" is the person to whom the purchased debt was owed immediately prior to the time the debt was purchased or acquired.
(6) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(7) "Finance charge" has the meaning in section 106 of the truth in lending act, 15 U.S.C. Sec. 1605.
(8) "Itemization date" means any of the following:
(a) Date of charge off;
(b) Date of any default or date the creditor becomes aware of any default;
(c) Date of disposition of property that secured the debt;
(d) Date of last statement provided by the creditor;
(e) Date of last payment;
(f) Date of transaction;
(g) Date of any arbitration award; or
(h) Date of assignment or transfer of the debt to a third party for the purposes of the third party collecting the debt for the assignor or transferor.
(9) "Medical debt" has the same meaning as provided in RCW 19.16.100.
(10) "Outstanding balance" means the amount owed on a consumer debt on the itemization date.
(11) "Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(12) "Purchased debt" means debt that is purchased or ownership of which is acquired after having been incurred by the consumer.
(13) "Record" means information:
(a) Inscribed on a tangible medium; or
(b) Stored in an electronic or other medium and retrievable in perceivable form.
(14) "Secured consumer debt" means a consumer debt secured by real or personal property.
(15) "Sign" means, with present intent to authenticate or adopt a record:
(a) Execute or adopt a tangible symbol; or
(b) Attach to or logically associate with the record an electronic symbol, sound, or process.
(16) "Unsecured consumer debt" means a consumer debt not secured by real or personal property.
[ 2026 c 107 s 3.]
Notes:
Effective date—2026 c 107: See note following RCW 4.74.900.

catchline: Definitions. (Effective January 1, 2027.)


title: RCW 4.74.020

text:
(1) Except as provided in subsection (2) of this section, this chapter applies to the award of a default judgment in an action for collection of:
(a) An unsecured consumer debt;
(b) A secured consumer debt if the action is brought solely to obtain a money judgment; or
(c) A deficiency that remains after disposition of property that secured a consumer debt.
(2) This chapter does not apply to:
(a) An action to take possession of or dispose of real or personal property, even if the action includes a request for a money judgment; or
(b) An action to collect a debt owed to a government, governmental subdivision, or agency in which the government, governmental subdivision, or agency is the plaintiff.
[ 2026 c 107 s 4.]
Notes:
Effective date—2026 c 107: See note following RCW 4.74.900.

catchline: Scope—Application of chapter. (Effective January 1, 2027.)


title: RCW 4.74.030

text:
(1) A default judgment in an action to which this chapter applies may be entered only if the complaint or amended complaint complies with this section and includes the notice required under RCW 4.74.040.
(2) If the plaintiff amends a complaint before a responsive pleading is made, causing it to comply with this section or include the notice required under RCW 4.74.040 where it did not previously, the personal jurisdiction of the court over the defendant is voided and is acquired again only when the amended complaint is served on the defendant as though it was the original complaint.
(3) The complaint or amended complaint must state:
(a) The name and the last known city, county, state, and zip code portions of the address of each consumer named in the complaint in the records of the creditor;
(b) For medical debt, the name of the provider or facility associated with the debt on the itemization date;
(c) The name of the creditor, including any merchant brand, affinity brand, or facility name associated with the debt;
(d) At least the last four digits of the account number or other account identifier used by the creditor in communicating with the consumer before the itemization date;
(e) The date of the last payment, if applicable, or the date of the last transaction;
(f) The date of charge off or, if the debt was not charged off, the date of default;
(g) The amount of the outstanding balance;
(h) The amount of the judgment the plaintiff seeks, stating the outstanding balance and itemizing the following amounts not included in the outstanding balance:
(i) Total finance charges;
(ii) Total fees or costs; and
(iii) Total credits and payments;
(i) Whether the amount of the judgment may increase due to accrued interest, attorney fees, or other amounts;
(j) The authority of the plaintiff to commence the action;
(k) Facts sufficient to demonstrate that, to the plaintiff's knowledge, the action is being commenced in a proper venue;
(l) Facts sufficient to demonstrate that the action is being commenced within the statute of limitation period applicable to the debt; and
(m) If the plaintiff is bringing an action to recover purchased debt on behalf of a person who holds purchased debt:
(i) That the action is being brought by, or for the benefit of, a person that is engaged in the business of purchasing debt for collection purposes;
(ii) The date the debt was purchased;
(iii) The identity of the person from whom or which the debt was purchased;
(iv) That the plaintiff may have purchased this debt for less than the value stated in the complaint;
(v) If the debt was at any time sold without any representation or warranty of accuracy, a statement to that effect; and
(vi) If the account is not a revolving credit account, the date the debt was incurred.
(4) Subject to authentication that satisfies the requirements of rule 803(a)(6) of the rules of evidence and RCW 5.45.020 or is otherwise authorized by law or rule, the plaintiff must attach to the complaint or amended complaint:
(a) At least one of the following that is sufficient to demonstrate the existence of the consumer debt:
(i) A copy of an agreement signed by the consumer evidencing the original debt;
(ii) A copy of the most recent monthly statement recording a purchase, payment, or extension of credit; or
(iii) A record otherwise demonstrating the debt was incurred;
(b) If the action is to recover purchased debt, a copy of the assignment or other writing establishing that the person asserting ownership of the debt is the owner of the debt. If the debt was assigned more than once, each assignment or other writing evidencing transfer of ownership must be attached to establish an unbroken chain of ownership, beginning with the original creditor to the first person who held purchased debt and each subsequent sale;
(c) If the action is based on a credit card debt for which a signed writing evidencing the original debt does not exist, a copy of the most recent monthly statement recording a purchase transaction, payment, or other extension of credit; and
(d) If the action is based on a breach of contract, a copy of the terms and conditions in place at the time of the most recent monthly statement recording a purchase transaction, payment, or extension of credit must also be attached.
[ 2026 c 107 s 5.]
Notes:
Effective date—2026 c 107: See note following RCW 4.74.900.

catchline: Complaints—Required contents. (Effective January 1, 2027.)


title: RCW 4.74.040

text:
(1) A default judgment may be entered in an action to which this chapter applies only if the complaint or amended complaint served on the consumer includes, or is accompanied by, a notice warning that a default judgment may be awarded against the consumer in no less than 10 point type.
(2) The notice must be substantially similar to the form in subsection (3) of this section that states:
(a) If the consumer does not file an answer to the complaint or amended complaint, a default judgment may be entered against the consumer;
(b) If a judgment is entered against the consumer, the amount of the judgment, plus interest on the judgment as provided by other laws of this state, could remain in effect for up to 20 years, even if the judgment is not credit reported or no longer remains on the consumer's credit report;
(c) After entry of a judgment, the plaintiff may, but will not necessarily, take steps to sell real estate owned by the consumer, sell personal property owned by the consumer, attach the consumer's bank accounts, or garnish the consumer's wages;
(d) Entry of a judgment may in some circumstances impair access to employment, insurance, credit, or housing;
(e) An attorney may provide assistance in understanding the complaint or amended complaint and advice about what action to take in response to the complaint or amended complaint; and
(f) Contact information for a legal aid or attorney referral service that may be able to help the consumer find an attorney, and if the consumer cannot afford an attorney, may be able to provide free or reduced-cost legal services.
(3) The following notice meets the requirements of this section:
Consumer Notice
This notice is required to be given to you by law and its content is prescribed by law; this notice and its content are not statements, representations, or threats by, nor advice from, the plaintiff or the plaintiff's attorney.
1. Why Am I Getting This Notice?
The plaintiff named in the complaint has filed a lawsuit against you to collect money that the plaintiff says you owe.
2. What Will Happen If I Do Nothing?
A judgment may be entered against you if you do not file a response to the lawsuit.
3. What Happens If A Judgment Is Entered Against Me?
Your personal property may be taken and sold. Money may be taken directly from your bank account or wages. A lien may be put on your house or other real estate and the house or real estate may be sold. These are things that could happen, although they won't necessarily happen.
If the judgment is not paid in full, the amount due may grow because of interest charges.
You could owe the amount of any unpaid judgment for up to 20 years, even if it is not credit reported or it no longer appears on your credit report.
The judgment may make it harder for you to get a job or insurance and more expensive for you to get a loan or credit card, rent an apartment, or buy a house or car.
4. Is Help Available?
If you talk with a lawyer, the lawyer can explain the situation and help you decide what to do. If you cannot afford a lawyer, you may be able to obtain one for free or reduced cost. You may call 211 for a referral to legal counsel.
[ 2026 c 107 s 6.]
Notes:
Effective date—2026 c 107: See note following RCW 4.74.900.

catchline: Complaints—Consumer notice. (Effective January 1, 2027.)


title: RCW 4.74.050

text:
(1) If a plaintiff in an action to which this chapter applies fails to comply with any requirement of this chapter, the court may deny the plaintiff's motion for default or default judgment and may on motion of a party or on the court's own motion issue a notice that the court will dismiss the case without prejudice unless, within 30 days following the sending to the plaintiff of such notice of intent to dismiss, the plaintiff submits for filing an amended complaint that complies with this chapter.
(2) The commission or facilitation of an act or practice in violation of this chapter by a person who holds purchased debt or any affiliate while attempting to collect purchased debt are declared to be unfair acts or practices or unfair methods of competition in the conduct of trade or commerce for the purpose of the application of the consumer protection act found in chapter 19.86 RCW. In addition, violations of this chapter while attempting to collect purchased debt shall subject the person who holds purchased debt or any affiliate to the penalty in RCW 19.16.450.
[ 2026 c 107 s 7.]
Notes:
Effective date—2026 c 107: See note following RCW 4.74.900.

catchline: Failure to comply with chapter—Application of consumer protection act. (Effective January 1, 2027.)


title: RCW 4.74.060

text:
A waiver by a consumer of a requirement of this chapter is void. This section does not prevent a voluntary settlement agreement or judgment between the parties that does not result in a default judgment.
[ 2026 c 107 s 8.]
Notes:
Effective date—2026 c 107: See note following RCW 4.74.900.

catchline: Waiver of chapter void. (Effective January 1, 2027.)


title: RCW 4.74.800

text:
The legislature enacted critical protections for consumers in 2020 through the passage of Substitute House Bill No. 2476 regarding debt buyers. In enacting the uniform consumer debt default judgments act, the legislature intends to broaden those protections by: (1) Expanding requirements and remedies previously applicable only to debt buyers to be applicable to all holders of purchased debt and any affiliates; and (2) imposing new disclosure requirements in all actions to collect consumer debt and new remedies in actions in which those requirements are not satisfied.
[ 2026 c 107 s 2.]
Notes:
Effective date—2026 c 107: See note following RCW 4.74.900.

catchline: Intent—2026 c 107. (Effective January 1, 2027.)


title: RCW 4.74.900

text:
This chapter may be known and cited as the uniform consumer debt default judgments act.
[ 2026 c 107 s 1.]
Notes:
Effective date—2026 c 107: "This act takes effect January 1, 2027." [ 2026 c 107 s 15.]

catchline: Short title. (Effective January 1, 2027.)


title: RCW 4.74.901

text:
This chapter supplements rights and remedies available to a consumer under other laws of this state.
[ 2026 c 107 s 9.]
Notes:
Effective date—2026 c 107: See note following RCW 4.74.900.

catchline: Relation to other laws. (Effective January 1, 2027.)


title: RCW 4.74.902

text:
This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
[ 2026 c 107 s 11.]
Notes:
Effective date—2026 c 107: See note following RCW 4.74.900.

catchline: Relation to electronic signatures in global and national commerce act. (Effective January 1, 2027.)


title: RCW 4.74.903

text:
In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
[ 2026 c 107 s 10.]
Notes:
Effective date—2026 c 107: See note following RCW 4.74.900.

catchline: Uniformity of application and construction. (Effective January 1, 2027.)


title: RCW 4.74.904

text:
This chapter applies to an action commenced on or after January 1, 2027.
[ 2026 c 107 s 12.]
Notes:
Effective date—2026 c 107: See note following RCW 4.74.900.

catchline: Application—Transitional provision. (Effective January 1, 2027.)


title: RCW 4.76.010

text:
A new trial is a reexamination of an issue in the same court after a trial and decision by a jury, court or referees.
[Code 1881 s 275; 1877 p 56 s 279; 1869 p 67 s 277; 1854 p 170 s 215; RRS s 398.]

catchline: New trial defined.


title: RCW 4.76.030

text:
If the trial court shall, upon a motion for new trial, find the damages awarded by a jury to be so excessive or inadequate as unmistakably to indicate that the amount thereof must have been the result of passion or prejudice, the trial court may order a new trial or may enter an order providing for a new trial unless the party adversely affected shall consent to a reduction or increase of such verdict, and if such party shall file such consent and the opposite party shall thereafter appeal from the judgment entered, the party who shall have filed such consent shall not be bound thereby, but upon such appeal the court of appeals or the supreme court shall, without the necessity of a formal cross-appeal, review de novo the action of the trial court in requiring such reduction or increase, and there shall be a presumption that the amount of damages awarded by the verdict of the jury was correct and such amount shall prevail, unless the court of appeals or the supreme court shall find from the record that the damages awarded in such verdict by the jury were so excessive or so inadequate as unmistakably to indicate that the amount of the verdict must have been the result of passion or prejudice.
[ 1971 c 81 s 19; 1933 c 138 s 2; RRS s 399-1.]
Notes:
Severability—1933 c 138: "Adjudication of invalidity of any of the sections of this act, or any part of any section, shall not impair or otherwise affect the validity of any other of said sections or remaining part of any section." [ 1933 c 138 s 3.]

catchline: Increase or reduction of verdict as alternative to new trial.


title: RCW 4.76.070

text:
If the motion be supported by affidavits and the cause be newly discovered evidence, the affidavits of any witness or witnesses, showing what their testimony will be, shall be produced or good reasons shown for their nonproduction.
[ 1891 c 59 s 2; Code 1881 s 282; 1877 p 57 s 286; 1869 p 68 s 284; 1854 p 170 s 219; RRS s 403.]

catchline: Newly discovered evidence, requirements as to.


title: RCW 4.76.080

text:
When the grounds for a new trial could not with reasonable diligence have been discovered before, but are discovered after the time when the verdict, report of referee, or decision was rendered or made, the application may be made by petition filed as in other cases, not later than after the discovery, on which notice shall be served and returned, and the defendant held to appear as in an original action. The facts stated in the petition shall be considered as denied without answer. The case shall be tried as other cases by ordinary proceedings, but no motion shall be filed more than one year after the final judgment was rendered.
[ 1955 c 44 s 1; Code 1881 s 437; 1875 p 21 s 2; RRS s 465.]

catchline: Petition for new trial when discovery of grounds delayed.


title: RCW 4.80.010

text:
An exception is a claim of error in a ruling or decision of a court, judge or other tribunal, or officer exercising judicial functions, made in the course of an action or proceeding or after judgment therein.
[ 1893 c 60 s 1; RRS s 381.]
Notes:
Rules of court: Cf. CR 46.
Construction—1893 c 60: "This act shall govern proceedings had after it shall take effect, in actions then pending as well as those in actions thereafter begun; but it shall not affect any right acquired or proceeding had prior to the time when it shall take effect, nor restore any right or enlarge any time then already lost or expired. And except as above provided all acts and parts of acts inconsistent with the provisions of this act are hereby repealed." [ 1893 c 60 s 18.] This applies to RCW 4.80.010 through 4.80.140.

catchline: Exception defined.


title: RCW 4.80.020

text:
It shall not be necessary or proper to take or enter an exception to any ruling or decision mentioned in RCW 4.80.010, which is embodied in a written judgment, order or journal entry in the cause. But this section shall not apply to the report of a referee or commissioner, or to findings of fact or conclusions of law in a report or decision of a referee or commissioner, or in a decision of a court or judge upon a cause or part of a cause, either legal or equitable, tried without a jury.
[ 1893 c 60 s 2; RRS s 382.]
Notes:
Rules of court: Cf. CR 46.

catchline: When to be taken.


title: RCW 4.80.030

text:
Exceptions to any ruling upon an objection to the admission of evidence, offered in the course of a trial or hearing, need not be formally taken, but the question put or other offer of evidence, together with the objection thereto and the ruling thereon, shall be entered by the court, judge, referee or commissioner (or by the stenographer, if one is in attendance) in the minutes of the trial or hearing, and such entry shall import an exception by the party against whom the ruling was made.
[ 1893 c 60 s 5; RRS s 385.]
Notes:
Rules of court: Cf. CR 46.

catchline: Requisites—Entry in minutes.


title: RCW 4.80.040

text:
Exceptions to any ruling or decision made in the course of a trial or hearing, or in the progress of a cause, except those to which it is provided in this chapter that no exception need be taken and those to which some other mode of exception is in this chapter prescribed, may be taken by any party by stating to the court, judge, referee or commissioner making the ruling or decision, when the same is made, that such party excepts to the same; whereupon such court, judge, referee or commissioner shall note the exception in the minutes of the trial, hearing or cause, or shall cause the stenographer (if one is in attendance) so to note the same.
[ 1893 c 60 s 6; RRS s 386.]
Notes:
Rules of court: Cf. CR 46.

catchline: Manner of taking and entry.