title: RCW 11.98.170

text:
(1) Any life insurance policy or retirement plan payment provision may designate as beneficiary:
(a) A trustee named or to be named by will, and immediately after the proving of the will, the proceeds of such insurance or of such plan designated as payable to that trustee, in part or in whole, shall be paid to the trustee in accordance with the beneficiary designation, to be held and disposed of under the terms of the will governing the testamentary trust; or
(b) A trustee named or to be named under a trust agreement executed by the insured, the plan participant, or any other person, and the proceeds of such insurance or retirement plan designated as payable to such trustee, in part or in whole, shall be paid to the trustee in accordance with the beneficiary designation, to be held and disposed of by the trustee as provided in such trust agreement; a trust is valid even if the only corpus consists of the right of the trustee to receive as beneficiary insurance or retirement plan proceeds; any such trustee may also receive assets, other than insurance or retirement plan proceeds, by testamentary disposition or otherwise and, unless directed otherwise by the transferor of the assets, shall administer all property of the trust according to the terms of the trust agreement.
(2) If no qualified trustee makes claim to the insurance policy or retirement plan proceeds from the insurance company or the plan administrator within twelve months after the death of the insured or plan participant, determination of the proper recipient of the proceeds shall be made pursuant to the judicial or nonjudicial dispute resolution procedures of chapter 11.96A RCW, unless prior to the institution of the judicial procedures, a qualified trustee makes claim to the proceeds, except that (a) if satisfactory evidence is furnished the insurance company or plan administrator within the twelve-month period showing that no trustee can or will qualify to receive such proceeds, payment shall be made to those otherwise entitled to the proceeds under the terms of the policy or retirement plan, including the terms of the beneficiary designation except that (b) if there is any dispute as to the proper recipient of insurance policy or retirement plan proceeds, the dispute shall be resolved pursuant to the judicial or nonjudicial resolution procedures in chapter 11.96A RCW.
(3) The proceeds of the insurance or retirement plan as collected by the trustee are not subject to debts of the insured or the plan participant to any greater extent than if the proceeds were payable to any named beneficiary other than the personal representative or the estate of the insured or of the plan participant.
(4) For purposes of this section the following definitions apply:
(a) "Plan administrator" means the person upon whom claim must be made in order for retirement plan proceeds to be paid upon the death of the plan participant.
(b) "Retirement plan" means any plan, account, deposit, annuity, or benefit, other than a life insurance policy, that provides for payment to a beneficiary designated by the plan participant for whom the plan is established. The term includes, without limitation, such plans regardless of source of funding, and, for example, includes pensions, annuities, stock bonus plans, employee stock ownership plans, profit sharing plans, self-employed retirement plans, individual retirement accounts, individual retirement annuities, and retirement bonds, as well as any other retirement plan or program.
(c) "Trustee" includes any custodian under chapter 11.114 RCW or any similar statutory provisions of any other state and the terms "trust agreement" and "will" refer to the provisions of chapter 11.114 RCW or such similar statutory provisions of any other state.
(5) Enactment of this section does not invalidate life insurance policy or retirement plan beneficiary designations executed prior to January 1, 1985, naming a trustee established by will or by trust agreement.
[ 1999 c 42 s 623; 1991 c 193 s 29; 1985 c 30 s 59. Prior: 1984 c 149 s 91.]
Notes:
Effective date—1999 c 42: See RCW 11.96A.902.
Effective date—Severability—1991 c 193: See RCW 11.114.903 and 11.114.904.
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.

catchline: Designation of trustee as beneficiary of life insurance policy or retirement plan—Determination of proper recipient of proceeds—Definitions—Beneficiary designations executed before January 1, 1985, not invalidated.


doc_type: statute

jurisdiction: wa

title: RCW 11.98.200

text:
Due to the inherent conflict of interest that exists between a trustee and a beneficiary of a trust, unless the terms of a trust refer specifically to RCW 11.98.200 through 11.98.240 and provide expressly to the contrary, the powers conferred upon a trustee who is a beneficiary of the trust, other than the trustor as a trustee, cannot be exercised by the trustee to make:
(1) Discretionary distributions of either principal or income to or for the benefit of the trustee, except to provide for the trustee's health, education, maintenance, or support as described under section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under that section;
(2) Discretionary allocations of receipts or expenses as between principal and income, unless the trustee acts in a fiduciary capacity whereby the trustee has no power to enlarge or shift a beneficial interest except as an incidental consequence of the discharge of the trustee's fiduciary duties; or
(3) Discretionary distributions of either principal or income to satisfy a legal obligation of the trustee.
A proscribed power under this section that is conferred upon two or more trustees may be exercised by the trustees that are not disqualified under this section. If there is no trustee qualified to exercise a power proscribed under this section, a person described in RCW 11.96A.080 who is entitled to seek judicial proceedings with respect to a trust may apply to a court of competent jurisdiction to appoint another trustee who would not be disqualified, and the power may be exercised by another trustee appointed by the court. Alternatively, another trustee who would not be disqualified may be appointed in accordance with the provisions of the trust instrument if the procedures are provided, or as set forth in RCW 11.98.039 as if the office of trustee were vacant, or by a nonjudicial dispute resolution agreement under RCW 11.96A.220.
[ 1999 c 42 s 624; 1994 c 221 s 65; 1993 c 339 s 2.]
Notes:
Effective date—1999 c 42: See RCW 11.96A.902.
Application—1994 c 221: "The 1994 c 221 amendments to RCW 11.98.200(3) are remedial in nature and apply retroactively to July 25, 1993." [ 1994 c 221 s 74.]
Effective dates—1994 c 221: See note following RCW 11.100.035.
Severability—1993 c 339: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 339 s 14.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Beneficiary trustee—Limitations on power.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 11.98.210

text:
If a trustee is a beneficiary of the trust and the trust instrument confers the power to make distributions of principal or income for the trustee's health, education, support, or maintenance as described in section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under that section, then a trust provision purporting to confer "absolute," "sole," "complete," "conclusive," or a similar discretion relating to the exercise of such trustee powers shall be disregarded in the exercise of the power, and the power may then only be exercised reasonably and in accordance with the ascertainable standard as set forth in RCW 11.98.200 and this section. A person who has the right to remove or to replace a trustee does not possess nor may the person be deemed to possess by virtue of having that right the powers of the trustee who is subject to removal or replacement.
[ 1993 c 339 s 3.]
Notes:
Severability—1993 c 339: See note following RCW 11.98.200.

catchline: Beneficiary trustee—Disregard of provision conferring absolute or similar power—Power of removal.


title: RCW 11.98.220

text:
RCW 11.98.200 through 11.98.240 do not raise any inference that the law of this state prior to July 25, 1993, was different than under RCW 11.98.200 through 11.98.240. Further, RCW 11.98.200 through 11.98.240 do not raise an inference that prior to July 25, 1993, a trustee's exercise or failure to exercise a power described in RCW 11.98.200 through 11.98.240 was not subject to review by a court of competent jurisdiction for abuse of discretion or breach of fiduciary duty under chapter 11.96A RCW or other applicable law. Following July 25, 1993, the power of judicial review continues to apply.
[ 1999 c 42 s 625; 1993 c 339 s 4.]
Notes:
Effective date—1999 c 42: See RCW 11.96A.902.
Severability—1993 c 339: See note following RCW 11.98.200.

catchline: Beneficiary trustee—Inferences of law—Judicial review.


title: RCW 11.98.230

text:
Notwithstanding any provision of RCW 11.98.200 through 11.98.240 seemingly to the contrary, RCW 11.98.200 through 11.98.240 do not limit or restrict the distribution of income of a trust that qualifies or that otherwise could have qualified for the marital deduction under section 2056 or 2523 of the Internal Revenue Code, those Internal Revenue Code sections requiring that all income be distributed to the spouse of the decedent or of the trustor at least annually, whether or not an election was in fact made under section 2056(b)(7) or 2523(f) of the Internal Revenue Code. Further, RCW 11.98.200 through 11.98.240 do not limit or restrict the power of a spouse of the trustor or the spouse of the decedent to exercise a power of appointment described in section 2056(b)(5) or 2523(e) of the Internal Revenue Code with respect to that portion of the trust that could otherwise qualify for the marital deduction under either of those Internal Revenue Code sections.
[ 1993 c 339 s 5.]
Notes:
Severability—1993 c 339: See note following RCW 11.98.200.

catchline: Beneficiary trustee—Income under marital deduction—Spousal power of appointment.


title: RCW 11.98.240

text:
(1)(a) RCW 11.98.200 and 11.98.210 respectively apply to:
(i) A trust established under a will, codicil, trust agreement, declaration of trust, deed, or other instrument executed after July 25, 1993, unless the instrument's terms refer specifically to RCW 11.98.200 or 11.98.210 respectively and provide expressly to the contrary. However, except for RCW 11.98.200(3), the 1994 c 221 amendments to RCW 11.98.200 apply to a trust established under a will, codicil, trust agreement, declaration of trust, deed, or other instrument executed after January 1, 1995, unless the instrument's terms refer specifically to RCW 11.98.200 and provide expressly to the contrary.
(ii) A trust created under a will, codicil, trust agreement, declaration of trust, deed, or other instrument executed before July 25, 1993, unless:
(A) The trust is revoked or amended and the terms of the amendment refer specifically to RCW 11.98.200 and provide expressly to the contrary;
(B) All parties in interest, as defined in subsection (3) of this section elect affirmatively, in the manner prescribed in subsection (4) of this section, not to be subject to the application of this subsection. The election must be made by the later of September 1, 2000, or three years after the date on which the trust becomes irrevocable; or
(C) A person entitled to judicial proceedings for a declaration of rights or legal relations under RCW 11.96A.080 obtains a judicial determination that the application of this subsection (1)(a)(ii) to the trust is inconsistent with the provisions or purposes of the will or trust.
(b) Notwithstanding (a) of this subsection, RCW 11.98.200 and 11.98.210 respectively apply to a trust established under a will or codicil of a decedent dying on or after July 25, 1993, and to an inter vivos trust to which the trustor had on or after July 25, 1993, the power to terminate, revoke, amend, or modify, unless:
(i) The terms of the instrument specifically refer to RCW 11.98.200 or 11.98.210 respectively and provide expressly to the contrary; or
(ii) The decedent or the trustor was not competent, on July 25, 1993, to change the disposition of his or her property, or to terminate, revoke, amend, or modify the trust, and did not regain his or her competence to dispose, terminate, revoke, amend, or modify before the date of the decedent's death or before the trust could not otherwise be revoked, terminated, amended, or modified by the decedent or trustor.
(2) RCW 11.98.200 neither creates a new cause of action nor impairs an existing cause of action that, in either case, relates to a power proscribed under RCW 11.98.200 that was exercised before July 25, 1993. RCW 11.98.210 neither creates a new cause of action nor impairs an existing cause of action that, in either case, relates to a power proscribed, limited, or qualified under RCW 11.98.210.
(3) For the purpose of subsection (1)(a)(ii) of this section, "parties in interest" means those persons identified as "parties" under *RCW 11.96A.030(4).
(4) The affirmative election required under subsection (1)(a)(ii)(B) of this section must be made in the following manner:
(a) If the trust is revoked or amended, through a revocation of or an amendment to the trust; or
(b) Through a nonjudicial dispute resolution agreement described in RCW 11.96A.220.
[ 1999 c 42 s 626; 1997 c 252 s 76; 1994 c 221 s 66; 1993 c 339 s 6.]
Notes:
*Reviser's note: RCW 11.96A.030 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (4) to subsection (5).
Effective date—1999 c 42: See RCW 11.96A.902.
Effective dates—1994 c 221: See note following RCW 11.100.035.
Severability—1993 c 339: See note following RCW 11.98.200.

catchline: Beneficiary trustee—Applicability—Exceptions—Election of exception—Cause of action.


title: RCW 11.98.900

text:
(1) The provisions of RCW 11.98.130 through 11.98.160 are applicable to any instrument purporting to create a trust regardless of the date such instrument bears, unless it has been previously adjudicated in the courts of this state.
(2) To the extent that this chapter is in conflict with RCW 11.68.090, RCW 11.68.090 prevails.
[ 2021 c 140 s 4023; 1985 c 30 s 60. Prior: 1984 c 149 s 93; 1971 ex.s. c 229 s 1; 1965 c 145 s 11.98.050; prior: 1959 c 146 s 5. Formerly RCW 11.98.050.]
Notes:
Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
Effective date—1959 c 146: The effective date of 1959 c 146, herein reenacted by 1965 c 145 s 11.98.050, was midnight June 10, 1959, see preface 1959 session laws.

catchline: Application of RCW 11.98.130 through 11.98.160—RCW 11.68.090 prevails.


title: RCW 11.98.920

text:
This act shall be known as the "Washington Trust Act."
[ 1985 c 30 s 62. Prior: 1959 c 124 s 12. Formerly RCW 30.99.910.]
Notes:
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.

catchline: Short title.


title: RCW 11.98.930

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 39.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 11.98B.005

text:
This chapter may be known and cited as the uniform directed trust act.
[ 2020 c 303 s 1.]


title: RCW 11.98B.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Breach of trust" includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this chapter, or law of this state other than this chapter pertaining to trusts.
(2) "Directed trust" means a trust for which the terms of the trust grant a power of direction.
(3) "Directed trustee" means a trustee that is subject to a trust director's power of direction.
(4) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(5) "Power of direction" means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property or other matters of trust administration. The term excludes the powers described in RCW 11.98B.030(2).
(6) "Settlor" means a person, including a testator, that creates, or contributes property to, a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion.
(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States.
(8) "Terms of a trust" means:
(a) Except as otherwise provided in (b) of this subsection, the manifestation of the settlor's intent regarding a trust's provisions as:
(i) Expressed in the trust instrument; or
(ii) Established by other evidence that would be admissible in a judicial proceeding; or
(b) The trust's provisions as established, determined, or amended by:
(i) A trustee or trust director in accordance with applicable law;
(ii) Court order; or
(iii) A nonjudicial settlement agreement under chapter 11.96A RCW.
(9) "Trust director" means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust.
(10) "Trustee" includes an original, additional, and successor trustee, and a cotrustee.
[ 2020 c 303 s 2.]

catchline: Definitions.


title: RCW 11.98B.020

text:
(1) This chapter applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules:
(a) If the trust was created before January 1, 2021, this chapter applies only to a decision or action occurring on or after January 1, 2021.
(b) If the principal place of administration of the trust is changed to this state on or after January 1, 2021, this chapter applies only to a decision or action occurring on or after the date of the change.
(2) Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, terms of the trust which designate the principal place of administration of the trust are valid and controlling if:
(a) A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction;
(b) A trust director's principal place of business is located in or a trust director is a resident of the designated jurisdiction; or
(c) All or part of the administration occurs in the designated jurisdiction.
[ 2020 c 303 s 3.]

catchline: Applicability—Principal place of administration.


title: RCW 11.98B.030

text:
(1) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.
(2) This chapter does not apply to a:
(a) Power of appointment;
(b) Power to appoint or remove a trustee or trust director;
(c) Power of a settlor over a trust to the extent the settlor has a power to revoke the trust;
(d) Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:
(i) The beneficiary; or
(ii) Another beneficiary represented by the beneficiary with respect to the exercise or nonexercise of the power; or
(e) Power over a trust if:
(i) The terms of the trust provide that the power is held in a nonfiduciary capacity; and
(ii) The power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the federal internal revenue code of 1986, as amended, as of January 1, 2021.
(3) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
[ 2020 c 303 s 5.]


title: RCW 11.98B.040

text:
The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or law of this state other than this chapter.
[ 2020 c 303 s 4.]

catchline: Common law and principles of equity supplement.


title: RCW 11.98B.050

text:
(1) Subject to RCW 11.98B.060, the terms of a trust may grant a power of direction to a trust director.
(2) Unless the terms of a trust provide otherwise:
(a) A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (1) of this section; and
(b) Trust directors with joint powers must act by majority decision.
[ 2020 c 303 s 6.]

catchline: Trust director—Power of direction.


title: RCW 11.98B.060

text:
A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under RCW 11.98B.050(2)(a) regarding:
(1) A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of medicaid law in section 1917 of the social security act, 42 U.S.C. Sec. 1396p(d)(4)(A), as amended, as of January 1, 2021; and
(2) A charitable interest in the trust.
[ 2020 c 303 s 7.]

catchline: Trust director—Power of direction—Limitations.


title: RCW 11.98B.070

text:
(1) Subject to subsection (2) of this section, with respect to a power of direction or further power under RCW 11.98B.050(2)(a):
(a) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:
(i) If the power is held individually, as a sole trustee in a like position and under similar circumstances; or
(ii) If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and
(b) The terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.
(2) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this chapter to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this chapter.
(3) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.
[ 2020 c 303 s 8.]

catchline: Trust director—Duties and liability.


title: RCW 11.98B.080

text:
(1) Subject to subsection (2) of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under RCW 11.98B.050(2)(a), and the trustee is not liable for the action.
(2) A directed trustee must not comply with a trust director's exercise or nonexercise of a power of direction or further power under RCW 11.98B.050(2)(a) to the extent that by complying the trustee would engage in willful misconduct.
(3) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:
(a) The breach involved the trustee's or other director's willful misconduct;
(b) The release was induced by improper conduct of the trustee or other director in procuring the release; or
(c) At the time of the release, the director did not know the material facts relating to the breach.
(4) A directed trustee that has reasonable doubt about its duty under this section may petition the superior court for instructions in the county where venue lies for the trust under RCW 11.96A.050.
(5) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
[ 2020 c 303 s 9.]

catchline: Directed trustee—Duties and liability.


title: RCW 11.98B.090

text:
(1) Subject to RCW 11.98B.100, a trustee shall provide information to a trust director to the extent the information is reasonably related both to:
(a) The powers or duties of the trustee; and
(b) The powers or duties of the director.
(2) Subject to RCW 11.98B.100, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to:
(a) The powers or duties of the director; and
(b) The powers or duties of the trustee or other director.
(3) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct.
(4) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.
[ 2020 c 303 s 10.]

catchline: Duty to provide information to trust director or trustee.


title: RCW 11.98B.100

text:
(1) Unless the terms of a trust provide otherwise:
(a) A trustee does not have a duty to:
(i) Monitor a trust director; or
(ii) Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and
(b) By taking an action described in (a) of this subsection, a trustee does not assume the duty excluded by (a) of this subsection.
(2) Unless the terms of a trust provide otherwise:
(a) A trust director does not have a duty to:
(i) Monitor a trustee or another trust director; or
(ii) Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and
(b) By taking an action described in (a) of this subsection, a trust director does not assume the duty excluded by (a) of this subsection.
[ 2020 c 303 s 11.]

catchline: No duty to monitor, inform, or advise trust director or trustee.


title: RCW 11.98B.110

text:
The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under RCW 11.98B.080 through 11.98B.100.
[ 2020 c 303 s 12.]

catchline: Application to cotrustee.


title: RCW 11.98B.120

text:
(1) An action against a trust director for breach of trust must be commenced within the same limitation period under RCW 11.96A.070 as for an action for breach of trust against a trustee in a like position and under similar circumstances.
(2) A report or accounting has the same effect on the limitation period for an action against a trust director for breach of trust that the report or accounting would have under RCW 11.96A.070 in an action for breach of trust against a trustee in a like position and under similar circumstances.
[ 2020 c 303 s 13.]


title: RCW 11.98B.130

text:
In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
[ 2020 c 303 s 14.]

catchline: Trust director—Action against—Defenses.


title: RCW 11.98B.140

text:
(1) By accepting appointment as a trust director of a trust subject to this chapter, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director.
(2) This section does not preclude other methods of obtaining jurisdiction over a trust director.
[ 2020 c 303 s 15.]

catchline: Trust director—Personal jurisdiction.


title: RCW 11.98B.150

text:
Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:
(1) Acceptance;
(2) Giving of bond to secure performance;
(3) Reasonable compensation;
(4) Resignation;
(5) Removal; and
(6) Vacancy and appointment of successor.
[ 2020 c 303 s 16.]

catchline: Trust director—Rules applicable to trustees apply.


title: RCW 11.98B.900

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2020 c 303 s 17.]

catchline: Uniformity of application and construction.


title: RCW 11.98B.901

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 section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. Sec. 7003(b)).
[ 2020 c 303 s 18.]

catchline: Relation to electronic signatures in global and national commerce act.


title: RCW 11.98B.902

text:
This act takes effect January 1, 2021.
[ 2020 c 303 s 20.]

catchline: Effective date—2020 c 303.


title: RCW 11.99.010

text:
This title shall take effect and be in force on and after the first day of July, 1967; except that sections 11.44.055, 11.44.065, 11.44.070 and 11.44.080 shall take effect on July 1, 1965, and the repeal of the following acts or parts of acts as listed in section 11.99.015 shall also take effect on July 1, 1965, to wit: In subsection (10), section 1444, Code of 1881; in subsection (47), section 95, chapter 156, Laws of 1917; in subsection (48), section 1, chapter 23, Laws of 1919; in subsection (64), section 1, chapter 112, Laws of 1929; in subsection (66), section 123, chapter 180, Laws of 1935; in subsection (71), section 8, chapter 202, Laws of 1939; and in subsection (111), section 83.16.040, chapter 15, Laws of 1961. Except as above provided the procedures herein prescribed shall govern all proceedings in probate brought after the effective date of the title and, also, all further procedure and proceedings in probate then pending, except to the extent that in the opinion of the court their application in particular proceedings or part thereof would not be feasible or would work injustice, in which event the former procedure shall apply.
[ 1965 c 145 s 11.99.010.]

catchline: Effective date of title.


title: RCW 11.99.013

text:
Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law.
[ 1965 c 145 s 11.99.013.]

catchline: Headings not part of law.


title: RCW 11.99.015

text: See 1965 c 145 s 11.99.015.

catchline: Repeal.


title: RCW 11.99.020

text:
No act done in any proceeding commenced before this title takes effect and no accrued right shall be impaired by its provisions. When a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute in force before this title takes effect, such provisions shall remain in force and be deemed a part of this code with respect to such right.
[ 1965 c 145 s 11.99.020.]

catchline: Savings clause—Rights not affected.


title: RCW 12.04.010

text:
Civil actions in the several justices' courts of this state may be instituted either by the voluntary appearance and agreement of the parties, by the service of a summons, or by the service upon the defendant of a true copy of the complaint and notice, which notice shall be attached to the copy of the complaint and cite the defendant to be and appear before the justice at the time and place therein specified, which shall not be less than six nor more than twenty days from the date of filing the complaint.
[Code 1881 s 1712; 1873 p 335 s 19; 1860 p 245 s 26; RRS s 1755.]

catchline: Civil actions—Commencement.


title: RCW 12.04.020

text:
A party desiring to commence an action before a justice of the peace, for the recovery of a debt by summons, shall file his or her claim with the justice of the peace, verified by his or her own oath, or that of his or her agent or attorney, and thereupon the justice of the peace shall, on payment of his or her fees, if demanded, issue a summons to the opposite party, which summons shall be in the following form, or as nearly as the case will admit, viz:
The State of Washington,
. . . . . . . . . . . . . . . County.





ss.
To the sheriff or any constable of said county:
In the name of the state of Washington, you are hereby commanded to summon . . . . . . if he or she (or they) be found in your county to be and appear before me at . . . . . . on . . . . day of . . . . . . at . . . . o'clock p.m. or a.m., to answer the complaint of . . . . . . for a failure to pay him or her a certain demand, amounting to . . . . . . dollars and . . . . cents, upon . . . . . . . . . . . (here state briefly the nature of the claim) and of this writ make due service and return.
Given under my hand this . . . . day of . . . . . (year) . . . .
. . . . . . . . . . . ., Justice of the Peace.
And the summons shall specify a certain place, day and hour for the appearance and answer of the defendant, not less than six nor more than twenty days from the date of filing plaintiff's claim with the justice, which summons shall be served at least five days before the time of trial mentioned therein, and shall be served by the officer delivering to the defendant, or leaving at his or her place of abode with some person over twelve years of age, a true copy of such summons, certified by the officer to be such.
[ 2016 c 202 s 10; 2010 c 8 s 3001; Code 1881 s 1713; 1873 p 335 s 20; 1860 p 245 s 29; RRS s 1758.]

catchline: Action to recover debt—Summons—Service.


title: RCW 12.04.030

text:
Any person desiring to commence an action before a justice of the peace, by the service of a complaint and notice, can do so by filing his or her complaint verified by his or her own oath or that of his or her agent or attorney with the justice, and when such complaint is so filed, upon payment of his or her fees if demanded, the justice shall attach thereto a notice, which shall be substantially as follows:
The State of Washington,
. . . . . . . . . . . . . . . County.





ss.
To . . . . . . . . . . . . . .
You are hereby notified to be and appear at my office in . . . . . . on the . . . . day of . . . . . ., (year) . . . ., at the hour of . . . . M., to answer to the foregoing complaint or judgment will be taken against you as confessed and the prayer of the plaintiff granted.
Dated . . . . . ., (year) . . . .
. . . . . . . . . . . . . . . . . . . ., J. P.
[ 2016 c 202 s 11; 2010 c 8 s 3002; Code 1881 s 1714; 1873 p 336 s 21; 1860 p 245 s 29; RRS s 1759.]

catchline: Action by complaint and notice.


title: RCW 12.04.040

text:
The complaint and notice shall be served at least five days before the time mentioned in the notice for the defendant to appear and answer the complaint, by delivering to the defendant, or leaving at his or her place of abode, with some person over twelve years of age, a true copy of the complaint and notice.
[ 2010 c 8 s 3003; 1925 ex.s. c 181 s 1; Code 1881 s 1715; 1873 p 337 s 22; RRS s 1761.]

catchline: Service of complaint and notice.


title: RCW 12.04.050

text:
All process issued by district court judges of the state and all executions and writs of attachment or of replevin shall be served by a sheriff or a deputy, but a summons or notice and complaint may be served by any citizen of the state of Washington over the age of eighteen years and not a party to the action.
[ 1987 c 442 s 1102; 1971 ex.s. c 292 s 11; 1903 c 19 s 1; 1895 c 102 s 1; 1893 c 108 s 1; Code 1881 s 1716; 1873 p 337 s 23; RRS s 1762. Formerly RCW 12.04.050 and 12.04.060, part.]
Notes:
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.

catchline: Process—Who may serve.


title: RCW 12.04.060

text:
All process in actions and proceedings in justice courts, having a salaried constable, when served by an officer, shall be served by such constable or by the sheriff of the county or his or her duly appointed deputy; and all fees for such service shall be paid into the county treasury.
[ 2010 c 8 s 3004; 1909 c 132 s 1; RRS s 1760. FORMER PARTS OF SECTION: 1903 c 19 s 1, part, now codified in RCW 12.04.050.]

catchline: Process—Service by constable or sheriff.


title: RCW 12.04.070

text:
Every constable or sheriff serving process or complaint and notice shall return in writing, the time, manner, and place of service and indorse thereon the legal fees therefor and shall sign his or her name to such return, and any person other than one of said officers serving summons or complaint and notice shall file with the justice his or her affidavit, stating the time, place, and manner of the service of such summons or notice and complaint and shall indorse thereon the legal fees therefor.
[ 2010 c 8 s 3005; 1959 c 99 s 1; 1903 c 19 s 2; 1895 c 102 s 2; 1893 c 108 s 2; Code 1881 s 1717; 1873 p 337 s 24; 1860 p 246 s 37; 1854 p 229 s 31; RRS s 1763.]

catchline: Process—Return—Fees.


title: RCW 12.04.080

text:
Any justice may, by appointment in writing, authorize any person other than the parties to the proceeding, or action, to serve any subpoena, summons, or notice and complaint issued by such justice; and any such person making such service shall return on such process or paper, in writing, the time and manner of service, and shall sign his or her name to such return, and be entitled to like fees for making such service as a sheriff or constable, and shall indorse his or her fees for service thereon: PROVIDED, It shall not be lawful for any justice to issue process or papers to any person but a regularly qualified sheriff or constable, in any precinct where such officers reside, unless from sickness or some other cause said sheriff or constable is not able to serve the same: PROVIDED FURTHER, That it shall be lawful for notice and complaint or summons in a civil action in the justice court to be served by any person eighteen years of age or over and not a party to the action in which the summons or notice and complaint shall be issued without previous appointment by the justice.
[ 2010 c 8 s 3006; 1971 ex.s. c 292 s 12; 1903 c 19 s 3; Code 1881 s 1718; 1873 p 337 s 25; RRS s 1764.]
Notes:
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.

catchline: Process—Service by person appointed by justice—Return—Exceptions.


title: RCW 12.04.090

text:
Proof of service in either of the above cases shall be as follows: When made by a constable or sheriff his or her return signed by him or her and indorsed on the paper or process. When made by any person other than such officer, then by the affidavit of the person making the service.
[ 2010 c 8 s 3007; Code 1881 s 1719; 1873 p 337 s 26; RRS s 1765.]

catchline: Proof of service.


title: RCW 12.04.100

text:
In case personal service cannot be had by reason of the absence of the defendant from the county in which the action is sought to be commenced, it shall be proper to publish the summons or notice with a brief statement of the object and prayer of the claim or complaint, in some newspaper of general circulation in the county wherein the action is commenced, which notice shall be published not less than once a week for three weeks prior to the time fixed for the hearing of the cause, which shall not be less than four weeks from the first publication of the notice.
The notice may be substantially as follows:
The State of Washington,
County of . . . . . . . . . .





ss.
In justice's court, . . . . . . justice.
To . . . . . . . . . . . . . .
You are hereby notified that . . . . . . has filed a complaint (or claim as the case may be) against you in said court which will come on to be heard at my office in . . . . . . . ., in . . . . . . county, state of Washington, on the . . . . day of . . . . . ., A.D. (year) . . . ., at the hour of . . . . o'clock . . . .m., and unless you appear and then and there answer, the same will be taken as confessed and the demand of the plaintiff granted. The object and demand of said claim (or complaint, as the case may be) is (here insert a brief statement).
Complaint filed . . . . . ., A.D. (year) . . . .
. . . . . . . . . . . . . . . . . . . ., J. P.
[ 2016 c 202 s 12; 1985 c 469 s 6; Code 1881 s 1720; 1873 p 337 s 27; RRS s 1766.]
Notes:
Legal publications: Chapter 65.16 RCW.

catchline: Service by publication.


title: RCW 12.04.110

text:
Proof of service, in case of publication, shall be the affidavit of the publisher, printer, foreperson, or principal clerk, showing the same.
[ 2010 c 8 s 3008; Code 1881 s 1721; 1873 p 338 s 28; RRS s 1767.]

catchline: Proof of service by publication.


title: RCW 12.04.120

text:
The written admission of the defendant, his or her agent or attorney, indorsed upon any summons, complaint and notice, or other paper, shall be complete proof of service in any case.
[ 2010 c 8 s 3009; Code 1881 s 1722; 1873 p 338 s 29; RRS s 1768.]

catchline: Written admission as proof of service.


title: RCW 12.04.130

text:
The court shall be deemed to have obtained possession of the case from the time the complaint or claim is filed, after completion of service, whether by publication or otherwise, and shall have control of all subsequent proceedings. In the case of proceedings to civilly enforce a money judgment entered in a municipal court or municipal department of a district court organized under the laws of this state, the court shall have jurisdiction over the proceedings from the time of filing an abstract or transcript of judgment; upon which filing the municipal judgment shall be recognized as a judgment of the court, provided that the court shall not have authority to vacate or amend the underlying municipal judgment.
[ 2007 c 46 s 4; Code 1881 s 1723; 1873 p 338 s 30; RRS s 1769.]

catchline: Jurisdiction, when acquired.


title: RCW 12.04.140

text:
Except as provided under RCW 7.105.100, no action shall be commenced by any person under the age of eighteen years, except by his guardian, or until a next friend for such a person shall have been appointed. Whenever requested, the justice shall appoint some suitable person, who shall consent thereto in writing, to be named by such plaintiff, to act as his or her next friend in such action, who shall be responsible for the costs therein.
[ 2022 c 268 s 34; 2021 c 215 s 127; 1992 c 111 s 10; 1971 ex.s. c 292 s 75; Code 1881 s 1753; 1873 p 343 s 52; 1854 p 230 s 40; RRS s 1771.]
Notes:
Effective dates—2022 c 268: See note following RCW 7.105.010.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—1992 c 111: See note following RCW 4.08.050.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.

catchline: Action by person under eighteen years.


title: RCW 12.04.150

text:
After service and return of process against a defendant under the age of eighteen years, the action shall not be further prosecuted, until a guardian for such defendant shall have been appointed, except as provided under RCW 7.105.100. Upon the request of such defendant, the justice shall appoint some person who shall consent thereto in writing, to be guardian of the defendant in defense of the action; and if the defendant shall not appear on the return day of the process, or if he or she neglect or refuse to nominate such guardian, the justice may, at the request of the plaintiff, appoint any discreet person as such guardian. The consent of the guardian or next friend shall be filed with the justice; and such guardian for the defendant shall not be liable for any costs in the action.
[ 2022 c 268 s 35; 2021 c 215 s 128; 1992 c 111 s 11; 1971 ex.s. c 292 s 76; Code 1881 s 1754; 1873 p 343 s 53; 1854 p 230 s 41; RRS s 1772.]
Notes:
Effective dates—2022 c 268: See note following RCW 7.105.010.
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—1992 c 111: See note following RCW 4.08.050.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.

catchline: Action against defendant under eighteen years—Guardian ad litem.


title: RCW 12.04.160

text:
The parties shall be entitled to one hour in which to make their appearance after the time mentioned in the summons or notice for appearance, but shall not be required to remain longer than that time, unless both parties appear; and the justice being present, is actually engaged in the trial of another action or proceeding; in such case he or she may postpone the time of appearance until the close of such trial.
[ 2010 c 8 s 3010; 1957 c 89 s 1; Code 1881 s 1755; 1873 p 344 s 54; 1854 p 230 s 42; RRS s 1773.]

catchline: Time for appearance.


title: RCW 12.04.170

text:
Whenever the plaintiff in an action, or in a garnishment or other proceeding is a nonresident of the county or begins such action or proceeding as the assignee of some other person, or of a firm or corporation, as to all causes of action sued upon, the justice may require of him or her security for the costs in the action or proceeding in a sum not exceeding fifty dollars, at the time of the commencement of the action, and after an action or proceeding has been commenced by such nonresident or assignee plaintiff, the defendant or garnishee defendant may require such security by motion; and all proceedings shall be stayed until such security has been given.
[ 2010 c 8 s 3011; 1929 c 102 s 1; 1905 c 10 s 1; Code 1881 s 1725; 1854 p 228 s 27; RRS s 1777.]

catchline: Security for nonresident costs.


title: RCW 12.04.180

text:
In lieu of separate security for each action or proceeding in any court, the plaintiff may cause to be executed and filed in the court a bond in the penal sum of fifty dollars running to the state of Washington, with surety approved by the court, and conditioned for the payment of all judgments for costs which may thereafter be rendered against him or her in that court. Any defendant or garnishee who shall thereafter recover a judgment for costs in said court against the principal on such bond shall likewise be entitled to judgment against the sureties. Such bond shall not be sufficient unless the penalty thereof is unimpaired by any outstanding obligation at the time of the commencement of the action.
[ 2010 c 8 s 3012; 1929 c 102 s 2; RRS s 1777 1/2.]

catchline: Cost bond in lieu of security.


title: RCW 12.04.190

text:
If any officer, without showing good cause therefor, fail to execute any process to him or her delivered, and make due return thereof, or make a false return, such officer, for every such offense, shall pay to the party injured ten dollars, and all damage such party may have sustained by reason thereof, to be recovered in a civil action.
[ 2010 c 8 s 3013; Code 1881 s 1752; 1873 p 343 s 51; 1854 p 230 s 39; RRS s 1776.]

catchline: Penalty for failure to execute process or false return.


title: RCW 12.04.200

text:
The forms or equivalent forms as set forth in RCW 12.04.201 through 12.04.208 may be used by justices of the peace, in civil actions and proceedings under this chapter.
[ 1957 c 89 s 3. Prior: Code 1881 s 1885, part; 1873 p 373 c 16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part; RRS s 1890, part.]

catchline: Forms or equivalents prescribed.


title: RCW 12.04.201

text:
FORM OF SUBPOENA
State of Washington,
County of . . . . . . . . . . . . . . .,





ss.
To . . . . . . . . . . . . . . :
In the name of the state of Washington, you are hereby required to appear before the undersigned, one of the justices of the peace in and for said county, on the . . . . day of . . . . . ., (year) . . . ., at . . . . o'clock in the . . . . noon, at his or her office in . . . . . ., to give evidence in a certain cause, then and there to be tried, between A B, plaintiff, and C D, defendant, on the part of (the plaintiff, or defendant as the case may be).
Given under my hand this . . . . day of . . . . . . . ., (year) . . . .
J. P., Justice of the Peace.
[ 2016 c 202 s 13; 2010 c 8 s 3014; 1957 c 89 s 4. Prior: Code 1881 s 1885, part; 1873 p 373 c 16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part; RRS s 1890, part.]

catchline: Form of subpoena.


title: RCW 12.04.203

text:
FORM OF EXECUTION
State of Washington,
County of . . . . . . . . . . . . . . .,





ss.
To the sheriff or any constable of said county:
Whereas, judgment against C D, for the sum of . . . . . . . . . dollars, and . . . . . . . . . dollars cost of suit, was recovered on the . . . . day of . . . . . ., (year) . . . ., before the undersigned, one of the justices of the peace in and for said county, at the suit of A B. These are, therefore, in the name of the state of Washington, to command you to levy on the goods and chattels of the said C D (excepting such as the law exempts), and make sale thereof according to law, to the amount of said sum and costs upon this writ, and the same return to me within thirty days, to be rendered to the said A B, for his or her debt, interests and costs.
Given under my hand this . . . . day of . . . . . . . ., (year) . . . .
J. P., Justice of the Peace.
FORM OF EXECUTION AGAINST PRINCIPAL
AND SURETY, AFTER EXPIRATION OF
STAY OF EXECUTION
State of Washington,
County of . . . . . . . . . . . . . . .,





ss.
To the sheriff or any constable of said county:
Whereas, judgment against C D for the sum of . . . . . . . . . dollars, and for . . . . . . . . . dollars, costs of suit, was recovered on the . . . . day of . . . . . ., (year) . . . ., before the undersigned, one of the justices of the peace in and for said county, at the suit of A B; and whereas, on the . . . . day of . . . . . ., (year) . . . ., E F became surety to pay said judgment and costs, in . . . . . . month from the date of the judgment aforesaid, agreeably to law, in the payment of which said C D and E F have failed; these are, therefore, in the name, etc., [as in the common form].
[ 2016 c 202 s 14; 2010 c 8 s 3015; 1957 c 89 s 5. Prior: Code 1881 s 1895, part; 1873 p 373 c 16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part; RRS s 1890, part.]

catchline: Form of execution—Form of execution against principal and surety, after expiration of stay of execution.


title: RCW 12.04.204

text:
FORM OF ORDER IN REPLEVIN
State of Washington,
County of . . . . . . . . . . . . . . .,





ss.
To the sheriff or any constable of said county:
In the name of the state of Washington, you are hereby commanded to take the personal property mentioned and described in the within affidavit, and deliver the same to the plaintiff, upon receiving a proper undertaking, unless before such delivery, the defendant enter into a sufficient undertaking for the delivery thereof to the plaintiff, if delivery be adjudged.
Given under my hand this . . . . day of . . . . . . . ., (year) . . . .
J. P., Justice of the Peace.
[ 2016 c 202 s 15; 1957 c 89 s 6. Prior: Code 1881 s 1885, part; 1873 p 373 c 16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part; RRS s 1890, part.]

catchline: Form of order in replevin.


title: RCW 12.04.205

text:
FORM OF A WRIT OF ATTACHMENT
State of Washington,
County of . . . . . . . . . . . . . . .,





ss.
To the sheriff or any constable of said county:
In the name of the state of Washington, you are commanded to attach, and safely keep, the goods and chattels, moneys, effects and credits of C D, (excepting such as the law exempts), or so much thereof as shall satisfy the sum of . . . . . . dollars, with interest and cost
of suit, in whosesoever hands or possession the same may be found in your county, and to provide that the goods and chattels so attached may be subject to further proceeding thereon, as the law requires; and of this writ make legal service and due return.
Given under my hand this . . . . day of . . . . . . . . . ., (year) . . . .
J. P., Justice of the Peace.
[ 2016 c 202 s 16; 1957 c 89 s 7. Prior: Code 1881 s 1885, part; 1873 p 373 c 16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part; RRS s 1890, part.]

catchline: Form of a writ of attachment.


title: RCW 12.04.206

text:
FORM OF UNDERTAKING IN REPLEVIN
Whereas, A B, plaintiff, has commenced an action before J P, one of the justices of the peace in and for . . . . . . county, against C D, defendant, for the recovery of certain personal property, mentioned and described in the affidavit of the plaintiff, to wit: [here set forth the property claimed]. Now, therefore we, A B, plaintiff, E F and G H, acknowledge ourselves bound unto C D in the sum of . . . . . . dollars for the prosecution of the action for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him or her of such sum as may for any cause be recovered against the plaintiff.
Dated the . . . . day of . . . . . ., (year) . . . . A B, E F, G H.
[ 2016 c 202 s 17; 2010 c 8 s 3016; 1957 c 89 s 8. Prior: Code 1881 s 1885, part; 1873 p 373 c 16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part; RRS s 1890, part.]

catchline: Form of undertaking in replevin.


title: RCW 12.04.207

text:
FORM OF UNDERTAKING IN ATTACHMENT
Whereas, an application has been made by A B, plaintiff, to J P, one of the justices of the peace in and for . . . . . . county, for a writ of attachment against the personal property of C D, defendant; Now, therefore, we, A B, plaintiff, and E F, acknowledge ourselves bound to C D in the sum of . . . . . . dollars, that if the defendant recover judgment in this action, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he or she may sustain by reason of the said attachment and not exceeding the sum of . . . . . . dollars.
Dated the . . . . day of . . . . . ., (year) . . . . A B, E F.
FORM OF UNDERTAKING
TO DISCHARGE ATTACHMENT
Whereas, a writ of attachment has been issued by J P, one of the justices of the peace in and for . . . . . . county, against the personal property of C D, defendant, in an action in which A B is plaintiff; Now, therefore, we C D, defendant, E F, and G H, acknowledge ourselves bound unto J K, constable, in the sum of . . . . . . dollars, [double the value of the property], engaging to deliver the property attached, to wit: [here set forth a list of articles attached], or pay the value thereof to the sheriff or constable, to whom the execution upon a judgment obtained by plaintiff in the aforesaid action may be issued.
Dated this . . . . day of . . . . . ., (year) . . . . C D, E F, G H.
[ 2016 c 202 s 18; 2010 c 8 s 3017; 1957 c 89 s 9. Prior: Code 1881 s 1885, part; 1873 p 373 c 16, part; 1863 p 370 c 16, part; 1854 p 253 s 19, part; RRS s 1890, part.]

catchline: Form of undertaking in attachment—Form of undertaking to discharge attachment.


title: RCW 12.04.208

text:
FORM OF UNDERTAKING
TO INDEMNIFY CONSTABLE ON CLAIM OF
PROPERTY BY A THIRD PERSON
Whereas, L M, claims to be owner of, and have the right to possession of certain personal property, to wit: [here describe it] which has been taken by J K, constable in . . . . . . county, upon an execution by J P, justice of the peace in and for the county of . . . . . ., upon a judgment obtained by A B, plaintiff, against C D, defendant; Now, therefore, we A B, plaintiff, E F, and G H, acknowledge ourselves bound unto the said J K, constable, in the sum of . . . . . . dollars, to indemnify the said J K against such claim. A B, E F, G H.
[ 1957 c 89 s 10. Prior: Code 1881 s 1885, part; 1873 p 373 c 16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part; RRS s 1890, part.]

catchline: Form of undertaking to indemnify constable on claim of property by a third person.


title: RCW 12.08.010

text:
The pleadings in justice's court shall take place upon the appearance of the parties, unless they shall have been previously filed or unless the justice shall, for good cause shown, allow a longer time than the time of appearance.
[Code 1881 s 1756; 1873 p 344 s 55; 1854 p 231 s 43; RRS s 1778.]

catchline: When pleadings take place.


title: RCW 12.08.020

text:
The pleadings in the justice's court shall be:
(1) The complaint of the plaintiff, which shall state in a plain and direct manner the facts constituting the cause of action.
(2) The answer of the defendant, which may contain a denial of the complaint, or any part thereof; and also a statement, in a plain and direct manner, of any facts constituting a defense.
(3) When the answer sets up a setoff, by way of defense, the reply of the plaintiff.
[Code 1881 s 1757; 1873 p 344 s 56; 1854 p 231 s 44; RRS s 1779.]

catchline: What constitute pleadings.


title: RCW 12.08.030

text:
The pleadings in justices' courts may be oral or in writing.
[ 1957 c 89 s 11; Code 1881 s 1758; 1873 p 344 s 57; 1854 p 231 s 45; RRS s 1780.]

catchline: Pleadings oral or written.


title: RCW 12.08.040

text:
When the pleadings are oral, the substance of them shall be entered by the justice in his or her docket. When in writing they shall be filed in his or her office and a reference made to them in his or her docket. Pleadings shall not be required to be in any particular form, but shall be such as to enable a person of common understanding to know what is intended.
[ 2010 c 8 s 3018; Code 1881 s 1759; 1873 p 345 s 58; 1854 p 231 s 46; RRS s 1781.]

catchline: Docketing or filing.


title: RCW 12.08.050

text:
A statement in an answer or reply, that the party has not sufficient knowledge or information, in respect to a particular allegation in the previous pleadings of the adverse party to form a belief, shall be deemed equivalent to a denial.
[Code 1881 s 1760; 1873 p 345 s 59; 1854 p 231 s 47; RRS s 1782.]

catchline: Denial of knowledge or information—Effect.


title: RCW 12.08.060

text:
When the cause of action, or setoff, arises upon an account or instrument for the payment of money only, it shall be sufficient for the party to deliver the account or instrument, or a copy thereof, to the court, and to state that there is due to him or her thereon, from the adverse party, a specified sum, which he or she claims to recover or setoff. The court may, at the time of pleading, require that the original account, or instrument, be exhibited to the inspection of the adverse party, with liberty to copy the same; or if not so exhibited, may prohibit its being given in evidence.
[ 2010 c 8 s 3019; Code 1881 s 1761; 1873 p 345 s 60; 1854 p 231 s 48; RRS s 1783.]

catchline: Pleading account or instrument.


title: RCW 12.08.070

text:
Every complaint, answer, or reply shall be verified by the oath of the party pleading; or if he or she be not present, by the oath of his or her attorney or agent, to the effect that he or she believes it to be true. The verification shall be oral, or in writing, in conformity with the pleading verified.
[ 2010 c 8 s 3020; Code 1881 s 1762; 1873 p 345 s 61; 1854 p 232 s 49; RRS s 1784.]

catchline: Verification.


title: RCW 12.08.080

text:
Every material allegation in a complaint, or relating to a setoff in an answer, not denied by the pleading of the adverse party, shall, on the trial, be taken to be true, except that when a defendant, who has not been served with a copy of the complaint, fails to appear and answer, the plaintiff cannot recover without proving his or her case.
[ 2010 c 8 s 3021; Code 1881 s 1763; 1873 p 345 s 62; 1854 p 232 s 50; RRS s 1785.]

catchline: Uncontroverted allegations—Effect.


title: RCW 12.08.090

text:
Either party may object to a pleading by his or her adversary, or to any part thereof that is not sufficiently explicit for him or her to understand it, or that it contains no cause of action or defense although it be taken as true. If the court deem the objection well-founded, it shall order the pleading to be amended; and if the party refuse to amend, the defective pleading shall be disregarded.
[ 2010 c 8 s 3022; Code 1881 s 1764; 1873 p 345 s 63; 1854 p 232 s 51; RRS s 1786.]

catchline: Objections to pleadings—Amendment.


title: RCW 12.08.100

text:
A variance between the proof on the trial, and the allegations in a pleading, shall be disregarded as immaterial, unless the court be satisfied that the adverse party has been misled to his or her prejudice thereby.
[ 2010 c 8 s 3023; Code 1881 s 1765; 1873 p 346 s 64; 1854 p 232 s 52; RRS s 1787.]

catchline: Variance between pleading and proof.


title: RCW 12.08.110

text:
The pleadings may be amended at any time before the trial, or during the trial, or upon appeal, to supply any deficiency or omissions in the allegations or denials, necessary to support the action or defense, when by such amendment substantial justice will be promoted. If the amendment be made after the issue, and it be made to appear to the satisfaction of the court that a continuance is necessary to the adverse party in consequence of such amendment, a continuance shall be granted. The court may also, in its discretion, require as a condition of an amendment, the payment of costs to the adverse party.
[Code 1881 s 1766; 1873 p 346 s 65; 1854 p 232 s 53; RRS s 1788.]

catchline: Amendments—Continuance.


title: RCW 12.08.120

text:
To entitle a defendant to any setoff he or she may have against the plaintiff, he or she must allege the same in his or her answer; and the statutes regulating setoffs in the superior court, shall in all respects be applicable to a setoff in a justice's court, if the amount claimed to be setoff, after deducting the amount found due to the plaintiff, be within the jurisdiction of the justice of the peace; judgment may, in like manner, be rendered by the justice in favor of the defendant, for the balance found due the plaintiff.
[ 2010 c 8 s 3024; Code 1881 s 1767; 1873 p 346 s 66; 1854 p 232 s 54; RRS s 1789.]
Notes:
Reviser's note: Justices of the peace and courts to be construed to mean district judges and courts: See RCW 3.30.015.

catchline: Setoff—Pleading.


title: RCW 12.12.010

text:
When the pleadings of the party shall have taken place, the justice shall, upon the application of either party, and sufficient cause be shown on oath, continue the case for any time not exceeding sixty days. If the continuance be on account of absence of testimony, it shall be for such reasonable time as will enable the party to procure such testimony, and shall be at the cost of the party applying therefor, unless otherwise ordered by the justice; and in all other respects shall be governed by the law applicable to continuance in the superior court.
[ 1957 c 89 s 12; Code 1881 s 1769; 1873 p 346 s 68; 1854 p 232 s 56; RRS s 1847.]

catchline: Continuances limited.


title: RCW 12.12.020

text:
Upon issue joined, if a jury trial be not demanded, the justice shall hear the evidence, and decide all questions of law and fact, and render judgment accordingly.
[Code 1881 s 1782; 1873 p 350 s 81; 1854 p 237 s 82; RRS s 1848.]

catchline: Trial by justice.


title: RCW 12.12.030

text:
After the appearance of the defendant, and before the judge shall proceed to enquire into the merits of the cause, either party may demand a jury to try the action, which jury shall be composed of six good and lawful persons having the qualifications of jurors in the superior court of the same county, unless the parties shall agree upon a lesser number: PROVIDED, That the party demanding the jury shall first pay to the clerk of the court the sum of one hundred twenty-five dollars, which shall be paid over by the clerk of the court to the county, and such amount shall be taxed as costs against the losing party.
[ 2005 c 457 s 13; 1981 c 260 s 3. Prior: 1977 ex.s. c 248 s 2; 1977 ex.s. c 53 s 2; 1888 p 118 s 1; Code 1881 s 1770; 1863 p 438 s 51; 1862 p 58 s 1; 1854 p 235 s 70; RRS s 1849.]
Notes:
Intent—2005 c 457: See note following RCW 43.08.250.

catchline: Jury—Number—Qualifications—Fee.


title: RCW 12.12.070

text:
When the jury is selected, the justice shall administer to them an oath or affirmation, well and truly to try the cause.
[Code 1881 s 1776; 1873 p 348 s 75; 1854 p 236 s 76; RRS s 1853.]

catchline: Oath administered.


title: RCW 12.12.080

text:
When the jury have agreed on their verdict, they shall deliver the same to the justice, publicly, who shall enter it on his or her docket.
[ 2010 c 8 s 3025; Code 1881 s 1777; 1873 p 348 s 76; 1854 p 236 s 77; RRS s 1854.]

catchline: Delivery of verdict.


title: RCW 12.12.090

text:
Whenever a justice shall be satisfied that a jury, sworn in any civil cause before him or her, having been out a reasonable time, cannot agree on their verdict, he or she may discharge them, and issue a new venire, unless the parties consent that the justice may render judgment on the evidence before him or her, or upon such other evidence as they may produce.
[ 2010 c 8 s 3026; Code 1881 s 1778; 1873 p 348 s 77; 1854 p 236 s 78; RRS s 1855.]

catchline: Discharge of jury.


title: RCW 12.16.015

text:
Any person may be compelled to attend as a witness before a district court in accordance with chapter 5.56 RCW.
[ 1984 c 258 s 702.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: District court may compel attendance of witness.


title: RCW 12.16.020

text:
A subpoena may be served by any person above the age of eighteen years, by reading it to the witness, or by delivering to him or her a copy at his or her usual place of abode.
[ 2010 c 8 s 3027; Code 1881 s 1870; 1873 p 370 s 169; 1854 p 233 s 58; RRS s 1899.]

catchline: Service of subpoena.


title: RCW 12.16.030

text:
Whenever it shall appear to the satisfaction of the justice, by proof made before him or her, that any person, duly subpoenaed to appear before him or her in an action, shall have failed, without a just cause, to attend as a witness, in conformity to such subpoena, and the party in whose behalf such subpoena was issued, or his or her agent, shall make oath that the testimony of such witness is material, the justice shall have the power to issue an attachment to compel the attendance of such witness: PROVIDED, That no attachment shall issue against a witness in any civil action, unless his or her fees for mileage and one day's attendance have been tendered or paid in advance, if previously demanded by such witness from the person serving the subpoena.
[ 2010 c 8 s 3028; Code 1881 s 1871; 1873 p 370 s 170; 1854 p 233 s 59; RRS s 1900.]
Notes:
Attachment of a witness: RCW 5.56.070.
When witness must attend: RCW 5.56.010.

catchline: Attachment for nonappearance.


title: RCW 12.16.040

text:
Every such attachment may be directed to any sheriff or constable of the county in which the justice resides, and shall be executed in the same manner as a warrant; and the fees of the officer for issuing and serving the same shall be paid by the person against whom the same was issued, unless he or she show reasonable cause, to the satisfaction of the justice, for his or her omission to attend; in which case the party requiring such attachment shall pay all such costs.
[ 2010 c 8 s 3029; Code 1881 s 1872; 1873 p 370 s 171; 1854 p 233 s 60; RRS s 1901.]
Notes:
Attachment, to whom directed—Execution: RCW 5.56.080.

catchline: Service of attachment—Fees.


title: RCW 12.16.050

text:
Every person subpoenaed as aforesaid, and neglecting to appear, shall also be liable to the party in whose behalf he or she may have been subpoenaed, for all damages which such party may have sustained by reason of his or her nonappearance: PROVIDED, That such witness had the fees allowed for mileage and one day's attendance paid, or tendered him or her, in advance, if demanded by him or her at the time of the service.
[ 2010 c 8 s 3030; Code 1881 s 1873; 1873 p 371 s 172; 1854 p 234 s 61; RRS s 1902.]
Notes:
Result of failure to attend: RCW 5.56.060, 5.56.061.
When witness must attend: RCW 5.56.010.

catchline: Damages for nonappearance.


title: RCW 12.16.060

text:
A party to an action may be examined as a witness, at the instance of the adverse party, and for that purpose may be compelled in the same manner, and subject to the same rules of examination, as any other witness, to testify at the trial, or appear and have his or her deposition taken.
[ 2010 c 8 s 3031; Code 1881 s 1874; 1873 p 371 s 173; 1854 p 234 s 62; RRS s 1903.]

catchline: Party to action as adverse witness.


title: RCW 12.16.070

text:
The examination of a party thus taken, may be rebutted by adverse testimony.
[Code 1881 s 1875; 1873 p 371 s 174; 1854 p 234 s 63; RRS s 1904.]

catchline: Testimony of party may be rebutted.


title: RCW 12.16.080

text:
If a party refuse to attend and testify at the trial, or give his or her deposition before trial, when required, his or her complaint, answer or reply, may be stricken out, and judgment taken against him or her.
[ 2010 c 8 s 3032; Code 1881 s 1876; 1873 p 371 s 175; 1854 p 234 s 64; RRS s 1905.]
Notes:
Penalty for failure to testify: Rules of court: CR 43(f)(3).

catchline: Procedure on party's refusal to testify.


title: RCW 12.16.090

text:
A party examined by an adverse party may be examined on his or her own behalf, in respect to any matter pertinent to the issue. But if he or she testify to any new matter, not responsive to the inquiries put to him or her by the adverse party, or necessary to qualify or explain his or her answer thereto, or to discharge, when his or her answer would charge himself or herself, such adverse party may offer himself or herself as a witness, and he or she shall be so received.
[ 2010 c 8 s 3033; Code 1881 s 1877; 1873 p 371 s 176; 1854 p 234 s 65; RRS s 1906.]

catchline: Examination of party in his or her own behalf.


title: RCW 12.20.010

text:
Judgment that the action be dismissed, without prejudice to a new action, may be entered, with costs, in the following cases:
(1) When the plaintiff voluntarily dismisses the action before it is finally submitted.
(2) When he or she fails to appear at the time specified in the notice, upon continuance, or within one hour thereafter.
(3) When it is objected at the trial, and appears by the evidence that the action is brought in the wrong precinct; but if the objection be taken and overruled, it shall be cause only of reversal or appeal; if not taken at the trial it shall be deemed waived, and shall not be cause of reversal.
[ 2010 c 8 s 3034; Code 1881 s 1780; 1873 p 348 s 79; 1863 p 349 s 61; 1854 p 236 s 80; RRS s 1857.]

catchline: Judgment of dismissal.


title: RCW 12.20.020

text:
When the defendant fails to appear and plead at the time specified in the notice, or within one hour thereafter, judgment shall be given as follows:
(1) When the defendant has been served with a true copy of the complaint, judgment shall be given without further evidence for the sum specified therein;
(2) In other cases, the justice shall hear the evidence of the plaintiff, and render judgment for such sum only as shall appear by the evidence to be just, but in no case exceed the amount specified in the complaint.
(3) The justice shall have full power at any time after a judgment has been given by default for failure of the defendant to appear and plead at the proper time, to vacate and set aside said judgment for any good cause and upon such terms as he or she shall deem sufficient and proper. Such judgment shall only be set aside upon five days notice in writing served upon the plaintiff or the plaintiff's attorney and filed with the justice within ten days after the entry of the judgment. The justice shall hear the application to set aside such judgment either upon affidavits or oral testimony as he or she may deem proper. In case such judgment is set aside the making of the application for setting the same aside shall be considered an entry of general appearance in the case by the applicant, and the case shall duly proceed to a trial upon the merits: PROVIDED, That, no justice of the peace shall pay out or turn over money or property received by him or her by virtue of any default judgment until the expiration of the ten days for moving to set aside such default judgment has expired.
[ 2010 c 8 s 3035; 1915 c 41 s 1; Code 1881 s 1781; 1873 p 349 s 79; 1863 p 349 s 62; 1854 p 237 s 81; RRS s 1858.]

catchline: Judgment by default.


title: RCW 12.20.030

text:
Upon the verdict of a jury, the justice shall immediately render judgment thereon. When the trial is by the justice, judgment shall be entered within three days after the close of the trial.
[ 1957 c 89 s 13; Code 1881 s 1783; 1873 p 350 s 82; 1854 p 237 s 83; RRS s 1859.]

catchline: Judgment on merits.


title: RCW 12.20.040

text:
If the defendant, at any time before the trial, offer in writing to allow judgment to be taken against him or her for a specified sum, the plaintiff may immediately have judgment therefor, with costs then accrued; but if he or she do not accept such offer before the trial, and fail to recover on the trial of the action, a sum greater than the offer, such plaintiff shall not recover any costs that may accrue after he or she shall have been notified of the offer of the defendant, but such costs shall be adjudged against him or her, and if he or she recover, deducted from his or her recovery. But the offer and failure to accept it, shall not be given in evidence to affect the recovery, otherwise than as to costs, as above provided.
[ 2010 c 8 s 3036; Code 1881 s 1784; 1873 p 350 s 83; 1863 p 350 s 65; 1854 p 237 s 84; RRS s 1860.]

catchline: Tender—Effect of, on judgment.


title: RCW 12.20.050

text:
When the setoff of the defendant proved shall exceed the claim of the plaintiff, and such excess in amount exceed the jurisdiction of a justice of the peace, the court shall allow such amount as is necessary to cancel the plaintiff's claim, and give the defendant a judgment for costs; but in such case, the court shall not render judgment for any further sum in favor of the defendant.
[Code 1881 s 1768; 1873 p 346 s 67; 1854 p 232 s 55; RRS s 1861.]

catchline: Setoff—Limitation of judgment.


title: RCW 12.20.060

text:
(1) When the prevailing party in district court is entitled to recover costs as authorized in RCW 4.84.010 in a civil action, the judge shall add the amount thereof to the judgment; in case of failure of the plaintiff to recover or of dismissal of the action, the judge shall enter up a judgment in favor of the defendant for the amount of his or her costs; and in case any party so entitled to costs is represented in the action by an attorney, the judge shall include attorney's fees in the amount provided in RCW 4.84.080 as part of the costs: PROVIDED, HOWEVER, That the plaintiff shall not be entitled to such attorney fee unless he or she obtains, exclusive of costs, a judgment in the sum of fifty dollars or more: AND PROVIDED FURTHER, That if the plaintiff obtains judgment, exclusive of costs, of at least fifty dollars but less than two hundred dollars, the judge shall include attorney fees of one hundred twenty-five dollars as part of the costs.
(2)(a) In any district court civil action for the recovery of money only, the plaintiff will be considered the prevailing party for the purpose of awarding costs, including a statutory attorney fee, if: (i) The defendant makes full or partial payment of the amounts sought by the plaintiff prior to the entry of judgment; and (ii) before such payment is tendered, the plaintiff has notified the defendant in writing that the full or partial payment of the amounts sued for might result in an award of costs. The plaintiff is not entitled to a statutory attorney fee unless the amount prayed for, exclusive of costs, is fifty dollars or more, and if the amount prayed for, exclusive of costs, is at least fifty dollars but less than two hundred dollars, the judgment must include a statutory attorney fee of one hundred twenty-five dollars as part of the costs.
(b) For the purposes of this section, "plaintiff" includes a counterclaimant, cross-claimant, and third-party plaintiff, and "defendant" includes a party defending a counterclaim, cross-claim, or third-party claim.
(c) A party may demand, offer, or accept payment of statutory costs before the entry of judgment in an action.
(d) This section may not be construed to (a) [(i)] authorize an award of costs if the action is resolved by a negotiated settlement or (b) [(ii)] limit or bar the operation of cost-shifting provisions of other statutes or court rules.
[ 2009 c 240 s 3; 2004 c 123 s 2; 1993 c 341 s 1; 1985 c 240 s 2; 1984 c 258 s 89; 1975-'76 2nd ex.s. c 30 s 1; 1915 c 43 s 1; 1893 c 12 s 1; Code 1881 s 1785; 1873 p 350 s 84; 1854 p 237 s 85; RRS s 1862.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Attorneys' fee as costs in damage actions of ten thousand dollars or less: RCW 4.84.250 through 4.84.300.

catchline: Judgment for costs—Attorney's fee—Costs in civil actions for the recovery of money only.


title: RCW 12.20.070

text:
If it appear on the trial of any cause before a justice of the peace, from the evidence of either party, that the title to lands is in question, which title shall be disputed by the other, the justice shall immediately make an entry thereof in his or her docket, and cease all further proceedings in the cause, and shall certify and return to the superior court of the county, a transcript of all the entries made in his or her docket, relating to the cause, together with all the process and other papers relating to the action, in the same manner, and within the same time, as upon an appeal; and thereupon the parties shall file their pleadings, and the superior court shall proceed in the cause to final judgment and execution, in the same manner as if the said action had been originally commenced therein, and the cost shall abide the event of the suit.
[ 2010 c 8 s 3037; Code 1881 s 1868; 1873 p 369 s 167; 1854 p 235 s 69; RRS s 1863.]

catchline: Proceedings where title to land is involved.


title: RCW 12.28.005

text:
The plaintiff in an action to recover the possession of personal property may claim and obtain the immediate delivery of the property, after a hearing, as provided in chapter 7.64 RCW.
[ 1979 ex.s. c 132 s 8.]

catchline: Chapter 7.64 RCW available to plaintiff in action to recover possession of personal property.


title: RCW 12.36.010

text:
Any person wishing to appeal a judgment or decision in a small claims action may, in person or by his or her agent, appeal to the superior court of the county where the judgment was rendered or decision made: PROVIDED, There shall be no appeal allowed unless the amount in controversy, exclusive of costs, exceeds two hundred fifty dollars: PROVIDED FURTHER, That an appeal from the court's determination or order on a traffic infraction proceeding may be taken only in accordance with RCW 46.63.090(5).
[ 1997 c 352 s 7; 1979 ex.s. c 136 s 21; 1929 c 58 s 1; RRS s 1910. Prior: 1905 c 20 s 1; 1891 c 29 s 1; Code 1881 s 1858; 1873 p 367 s 156; 1854 p 252 s 160.]
Notes:
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.

catchline: Appeal in small claims action authorized.


title: RCW 12.36.020

text:
(1) To appeal a judgment or decision in a small claims action, an appellant shall file a notice of appeal in the district court, pay the statutory superior court filing fee, post the required bond or undertaking, and serve a copy of the notice of appeal on all parties of record within thirty days after the judgment is rendered or decision made.
(2) No appeal may be allowed, nor proceedings on the judgment or decision stayed, unless a bond or undertaking shall be executed on the part of the appellant and filed with and approved by the district court. The bond or undertaking shall be executed with two or more personal sureties, or a surety company as surety, to be approved by the district court, in a sum equal to twice the amount of the judgment and costs, or twice the amount in controversy, whichever is greater, conditioned that the appellant will pay any judgment, including costs, as may be rendered on appeal. No bond is required if the appellant is a county, city, town, or school district.
(3) When an appellant has filed a notice of appeal, paid the statutory superior court filing fee and the costs of preparation of the complete record as set forth in RCW 3.62.060(1)(h), and posted the bond or undertaking as required, the clerk of the district court shall immediately file a copy of the notice of appeal, the filing fee, and the bond or undertaking with the superior court.
[ 2025 c 58 s 2006; 1998 c 52 s 1; 1997 c 352 s 8; 1929 c 58 s 2; RRS s 1911. Prior: 1891 c 29 s 1; Code 1881 s 1859; 1873 p 367 ss 157, 158; 1854 p 252 ss 161, 162.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.

catchline: Appeal—Procedure—Notice filing—Fee—Bond or undertaking—Service—Costs of record preparation.


title: RCW 12.36.030

text:
When an appeal and any necessary bond or undertaking are properly filed in superior court pursuant to RCW 12.36.020(3), the appellant may move in superior court to stay all further proceedings in the district court. If the stay is granted, all further proceedings in district court on the judgment shall be suspended. If proceedings have commenced on motion of the appellant the court may order the proceedings halted and such process recalled.
If any property is held pursuant to such proceedings at the time the stay is granted and the process recalled, such property shall be returned immediately to the party entitled to such property.
If the requested stay is denied, or no stay is requested, the judgment will be enforced in superior court in the same manner as any other judgment rendered in that court.
[ 1998 c 52 s 2; 1997 c 352 s 9; 1929 c 58 s 3; RRS s 1912. Prior: Code 1881 s 1861; 1873 p 368 s 160; 1854 p 252 s 164.]

catchline: Stay of proceedings—Procedures—Return of property upon stay—Enforcement upon denial.


title: RCW 12.36.050

text:
(1) Within fourteen days after a small claims appeal has been filed in superior court by the clerk of the district court pursuant to RCW 12.36.020(3), the complete record as defined in subsection (2) of this section shall be made and certified by the clerk of the district court to be correct. The clerk shall then immediately transmit the complete record to superior court. The superior court shall then become possessed of the cause. All further proceedings shall be in the superior court, including enforcement of any judgment rendered. Any superior court procedures such as arbitration or other methods of dispute resolution may be utilized by the superior court in its discretion.
(2) The complete record shall consist of a transcript of all entries made in the district court docket relating to the case, together with all the process and other papers relating to the case filed with the district court and a contemporaneous recording made of the proceeding.
[ 2001 c 156 s 1; 1998 c 52 s 3; 1997 c 352 s 10; 1929 c 58 s 5; RRS ss 1914, 1915. Prior: 1891 c 29 s 4; Code 1881 s 1863; 1873 p 368 s 162; 1854 p 252 s 166. Formerly RCW 12.36.050 and 12.36.060.]

catchline: Certification of record by district court—Transmittal to superior court—Powers of superior court upon transmittal.


title: RCW 12.36.055

text:
(1) The appeal from a small claims judgment or decision shall be de novo upon the record of the case, as entered by the district court.
(2) Any cases heard in superior court pursuant to this section may be heard by a duly appointed commissioner. As used in this chapter "judge" includes any duly appointed commissioner.
[ 2001 c 156 s 2; 1997 c 352 s 11.]

catchline: Trial of an appeal from small claims judgment.


title: RCW 12.36.080

text:
No appeal under this chapter shall be dismissed on account of any defect in the bond on appeal, if, within ten days of notice to appellant of such defect, the appellant executes and files in the court currently possessed of the cause such bond as should have been executed at the time of taking the appeal, and pay all costs that may have accrued by reason of such defect.
[ 1998 c 52 s 4; 1997 c 352 s 12; 1929 c 58 s 7; RRS s 1917. Prior: Code 1881 s 1867; 1873 p 369 s 165; 1854 p 253 s 169.]

catchline: No dismissal for defective bond—Notice.


title: RCW 12.36.090

text:
In all cases of appeal to the superior court under this chapter, if the judgment is against the appellant, in whole or in part, such judgment shall be rendered against the appellant and his or her sureties on the bond on appeal.
[ 1997 c 352 s 13; 1929 c 58 s 8; RRS s 1918. Prior: Code 1881 s 1867; 1873 p 369 s 166; 1854 p 253 s 170.]

catchline: Judgment against appellant and sureties.


title: RCW 12.40.010

text:
(1) In every district court there shall be created and organized by the court a department to be known as the "small claims department of the district court." The small claims department shall have jurisdiction, but not exclusive, in cases for the recovery of money only if the amount claimed does not exceed:
(a) Ten thousand dollars in cases brought by a natural person; or
(b) Five thousand dollars in all other cases.
(2) For the purposes of this section, "natural person" means a human being.
[ 2019 c 86 s 1; 2008 c 227 s 2; 2001 c 154 s 1; 1991 c 71 s 1; 1988 c 85 s 1; 1984 c 258 s 57; 1981 c 331 s 10; 1979 c 102 s 4; 1973 c 128 s 1; 1970 ex.s. c 83 s 1; 1963 c 123 s 1; 1919 c 187 s 1; RRS s 1777-1.]
Notes:
Effective date—Subheadings not law—2008 c 227: See notes following RCW 3.50.003.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Court Congestion Reduction Act of 1981—Purpose—Severability—1981 c 331: See notes following RCW 2.32.070.
Application, savings—Effective date—Severability—1979 c 102: See notes following RCW 3.66.020.


title: RCW 12.40.020

text:
A small claims action shall be commenced by the plaintiff filing a claim, in the form prescribed by RCW 12.40.050, in the small claims department. A filing fee of thirty-five dollars plus any surcharge authorized by RCW 7.75.035 shall be paid when the claim is filed. Any party filing a counterclaim, cross-claim, or third-party claim in such action shall pay to the court a filing fee of thirty-five dollars plus any surcharge authorized by RCW 7.75.035. Fifty cents of every filing fee shall be deposited into the judicial stabilization trust account created in RCW 43.79.505 and used to fund indigent defense through the office of public defense. Fifty cents of every filing fee shall be deposited into the crime victims' compensation account created in RCW 7.68.045 and used to assist crime victims.
[ 2019 c 251 s 1; 2011 1st sp.s. c 44 s 2; 2009 c 572 s 2; 2005 c 457 s 14; 1990 c 172 s 3; 1984 c 258 s 58; 1919 c 187 s 2; RRS s 1777-2.]
Notes:
Effective date—2011 1st sp.s. c 44: See note following RCW 3.62.020.
Effective date—2009 c 572: See note following RCW 43.79.505.
Intent—2005 c 457: See note following RCW 43.08.250.
Effective date—1990 c 172: See note following RCW 7.75.035.
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Action—Commencement—Fee.


title: RCW 12.40.025

text:
A defendant in a district court proceeding in which the claim is within the jurisdictional amount for the small claims department may in accordance with court rules transfer the action to the small claims department. In the event of such a transfer the provisions of RCW 12.40.070 shall not be applicable if the plaintiff was an assignee of the claim at the time the action was commenced nor shall the provisions of RCW 12.40.080 prohibit an attorney from representing the plaintiff if he or she was the attorney of record for the plaintiff at the time the action was commenced.
[ 2010 c 8 s 3038; 1984 c 258 s 59; 1970 ex.s. c 83 s 2.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Transfer of action to small claims department.


title: RCW 12.40.027

text:
RCW 4.14.010 regarding removal of actions to superior court shall not apply to cases originally filed in small claims court, or transferred to the small claims court pursuant to RCW 12.40.025. No defendant or third party defendant may remove a small claims case from small claims court as a matter of right by merely filing a claim or counterclaim or other request for relief that is beyond the jurisdiction of the small claims court. Claims, counterclaims, or other requests for relief filed by a defendant or third party defendant in excess of the jurisdiction of small claims court may be maintained simultaneously in superior court as a separate action brought by such defendant or third party defendant. Such a superior court action does not affect the jurisdiction of the small claims court to hear the original small claims case. The decision of the small claims court shall have no preclusive effect on a superior court action brought pursuant to this section. If the small claims case is appealed, it shall be automatically joined with any superior court case filed pursuant to this section, and the procedures set forth in RCW 12.36.055 shall not apply.
Nothing in this section may be construed to limit the small claims court from transferring a small claims case to district court or superior court after notice and hearing.
[ 1997 c 352 s 5.]

catchline: Removal to superior court—Restrictions—Simultaneous maintenance of claims—Joinder of claims on appeal.


title: RCW 12.40.030

text:
Upon filing of a claim, the court shall set a time for hearing on the matter. The court shall issue a notice of the claim which shall be served upon the defendant to notify the defendant of the hearing date. A trial need not be held at the first hearing, if dispute resolution services are offered instead of trial, or local practice rules provide for a pretrial hearing.
[ 2019 c 251 s 2; 1997 c 352 s 1; 1984 c 258 s 60; 1981 c 330 s 3; 1980 c 162 s 11; 1963 c 123 s 2; 1919 c 187 s 3; RRS s 1777-3.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1981 c 330: See note following RCW 3.62.060.
Severability—1980 c 162: See note following RCW 3.02.010.

catchline: Setting case for hearing—Notice—Time of trial.


title: RCW 12.40.040

text:
The notice of claim may be served either as provided for the service of summons or complaint and notice in civil actions as described in RCW 4.28.080 or by registered or certified mail if a return receipt with the signature of the party being served is filed with the court. No other legal document or process is to be served with the notice of claim. Information from the court regarding the small claims department, local small claims procedure, dispute resolution services, or other matters related to litigation in the small claims department may be included with the notice of claim when served.
The notice of claim shall be served promptly after filing the claim. Service must be complete at least ten calendar days prior to the first hearing.
The person serving the notice of claim shall be entitled to receive from the plaintiff, besides mileage, the fee specified in RCW 36.18.040 for such service; which sum, together with the filing fee set forth in RCW 12.40.020, shall be added to any judgment given for plaintiff.
[ 2019 c 251 s 3; 1997 c 352 s 2; 1984 c 258 s 61; 1981 c 194 s 3; 1970 ex.s. c 83 s 3; 1959 c 263 s 9; 1919 c 187 s 4; RRS s 1777-4.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1981 c 194: See note following RCW 36.18.040.

catchline: Service of notice of claim—Fee.


title: RCW 12.40.045

text:
In the event persons other than the sheriff or duly appointed deputies charge a fee for services in excess of the fees allowed under RCW 36.18.040, the prevailing party incurring such charges shall be entitled to recover as court costs only the amount of the fees for such services as provided in RCW 36.18.040.
[ 1981 c 194 s 4.]
Notes:
Severability—1981 c 194: See note following RCW 36.18.040.

catchline: Recovery of fees as court costs.


title: RCW 12.40.050

text:
A claim filed in the small claims department shall contain: (1) The name and address of the plaintiff; (2) a sworn statement, in brief and concise form, of the nature and amount of the claim and when the claim accrued; and (3) the name and residence of the defendant, if known to the plaintiff, for the purpose of serving the notice of claim on the defendant.
[ 2019 c 251 s 4; 1984 c 258 s 62; 1919 c 187 s 5; RRS s 1777-5.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Requisites of claim.


title: RCW 12.40.060

text:
The notice of claim directed to the defendant shall contain: (1) The name and address of the plaintiff; (2) a brief and concise statement of the nature and amount of the claim; (3) a statement directing and requiring defendant to appear personally in the small claims department at a time certain, which shall not be less than five days from the date of service of the notice; and (4) a statement advising the defendant that in case of his or her failure to appear, judgment may be given against defendant for the amount of the claim.
[ 2025 c 34 s 1; 1984 c 258 s 63; 1981 c 331 s 11; 1919 c 187 s 6; RRS s 1777-6.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Court Congestion Reduction Act of 1981—Purpose—Severability—1981 c 331: See notes following RCW 2.32.070.

catchline: Requisites of notice.


title: RCW 12.40.070

text:
A claim must be verified by the real claimant, and no claim shall be filed or prosecuted in the small claims department by the assignee of the claim.
[ 1984 c 258 s 64; 1919 c 187 s 7; RRS s 1777-7.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Verification of claim.


title: RCW 12.40.080

text:
(1) No attorney-at-law, legal paraprofessional, nor any person other than the plaintiff and defendant, shall appear or participate with the prosecution or defense of litigation in the small claims department without the consent of the judicial officer hearing the case. A corporation may not be represented by an attorney-at-law or legal paraprofessional except as set forth in RCW 12.40.025.
(2) In the small claims department it shall not be necessary to summon witnesses, but the plaintiff and defendant in any claim shall have the privilege of offering evidence in their behalf by witnesses appearing at trial.
(3) The judge may informally consult witnesses or otherwise investigate the controversy between the parties and give judgment or make such orders as the judge may deem to be right, just, and equitable for the disposition of the controversy.
[ 1997 c 352 s 3; 1991 c 71 s 2; 1984 c 258 s 65; 1981 c 331 s 12; 1919 c 187 s 8; RRS s 1777-8.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Court Congestion Reduction Act of 1981—Purpose—Severability—1981 c 331: See notes following RCW 2.32.070.

catchline: Hearing.


title: RCW 12.40.090

text:
A formal pleading, other than the claim and notice, shall not be necessary to define the issue between the parties. The hearing and disposition of the actions shall be informal, with the sole object of dispensing speedy and quick justice between the litigants. An attachment, garnishment or execution shall not issue from the small claims department on any claim except as provided in this chapter.
[ 1984 c 258 s 66; 1919 c 187 s 9; RRS s 1777-9.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.

catchline: Informal pleadings.


title: RCW 12.40.100

text:
If a monetary judgment or order is entered, it shall be the judgment debtor's duty to pay the judgment upon such terms and conditions as the judge shall prescribe. If the judgment is not paid to the prevailing party at the time the judgment is entered and the judgment debtor is present in court, the court may order a payment plan.
[ 1984 c 258 s 67; 1983 c 254 s 1; 1919 c 187 s 10; RRS s 1777-10.]
Notes:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—1983 c 254: "This act shall take effect on January 1, 1984." [ 1983 c 254 s 5.]

catchline: Payment of monetary judgment.