title: RCW 7.24.130

text:
The word "person" wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.
[ 1935 c 113 s 13; RRS s 784-13.]

catchline: "Person" defined.


doc_type: statute

jurisdiction: wa

title: RCW 7.24.135

text:
The several sections and provisions of this chapter, except RCW 7.24.010 and 7.24.020, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative.
[ 1935 c 113 s 14; RRS s 784-14.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Severability—1935 c 113.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 7.24.140

text:
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
[ 1935 c 113 s 15; RRS s 784-15.]

catchline: General purpose stated.


title: RCW 7.24.144

text:
This chapter may be cited as the Uniform Declaratory Judgments Act.
[ 1935 c 113 s 16; RRS s 784-16.]

catchline: Short title.


title: RCW 7.24.146

text:
This chapter shall apply to all actions and proceedings now pending in the courts of record of the state of Washington seeking relief under the terms of the uniform declaratory judgments act [this chapter]; and all judgments heretofore rendered; and all such actions and proceedings heretofore instituted and now pending in said courts of record of the state of Washington, seeking such relief, are hereby validated, and the respective courts of record in said actions shall have jurisdiction and power to proceed in said actions and to declare the rights, status and other legal relations sought to have been declared in said pending actions and proceedings in accordance with the provisions of said chapter. This chapter does not apply to state agency action reviewable under chapter 34.05 RCW.
[ 1989 c 175 s 39; 1937 c 14 s 2; RRS s 784-17.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Application of chapter—Validation of proceedings.


title: RCW 7.24.190

text:
The court, in its discretion and upon such conditions and with or without such bond or other security as it deems necessary and proper, may stay any ruling, order, or any court proceedings prior to final judgment or decree and may restrain all parties involved in order to secure the benefits and preserve and protect the rights of all parties to the court proceedings.
[ 1965 c 131 s 1.]
Notes:
Rules of court: CR 57.

catchline: Court may stay proceedings and restrain parties.


title: RCW 7.25.005

text:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:
(1) "Government entity" means the state of Washington, the state finance committee, any county, city, school district, other municipal corporation, taxing district, or any agency, instrumentality, or public corporation thereof.
(2) "Bonds" means one or more bonds, notes, or other evidences of indebtedness.
(3) "Interested parties" means all taxpayers, ratepayers, or any other persons who have any obligations, rights, or other interests in the bonds or issuance thereof, or the project or purpose for which the bonds were issued or are to be issued.
[ 1999 c 284 s 2.]

catchline: Definitions.


title: RCW 7.25.010

text:
Whenever the legislative or governing body of the state or any county, city, school district, other municipal corporation, taxing district, or any agency, instrumentality, or public corporation thereof shall desire to issue bonds of any kind and shall have passed an ordinance or resolution authorizing the same, the validity of such proposed bond issue may be tested and determined in the manner provided in this chapter.
[ 1999 c 284 s 1; 1983 c 263 s 1; 1939 c 153 s 1; RRS s 5616-11. Formerly RCW 7.24.150.]

catchline: Validity of bond issues may be tested.


title: RCW 7.25.020

text:
A complaint shall be prepared and filed in the superior court by such government entity setting forth such ordinance or resolution and that it is the purpose of the plaintiff to issue and sell bonds as stated therein and that it is desired that the right of the plaintiff to so issue such bonds and sell the same shall be tested and determined in said action. In said action all interested parties shall be deemed to be defendants. The title of the action shall be "In re (name of bond issue)." Upon the filing of the complaint the court shall, upon the application of the plaintiff, enter an order naming one or more interested parties upon whom service in said action shall be made as the representative of all interested parties, except such as may intervene as herein provided, and in such case the court shall fix and allow a reasonable attorneys' fee in said action to the attorney who shall represent the representative interested parties as aforesaid, and such fee and all taxable costs incurred by such representative interested parties shall be taxed as costs against the plaintiff: PROVIDED, That if the interested parties appointed by the court shall default, the court shall appoint an attorney who shall defend said action on behalf of all interested parties, and such attorney shall be allowed a reasonable fee and taxable costs to be taxed against the plaintiff: PROVIDED FURTHER, That after filing the complaint, the plaintiff shall twice place a notice in a newspaper of general circulation within the boundaries of the government entity, stating the title of the action, informing the interested parties that the action has been commenced testing the validity of the bonds, and stating that any interested parties, as that term is defined herein, may intervene in such action and be represented therein by his or her own attorney. Thereupon, any interested parties who desire to intervene must apply to the court to intervene within ten days after the second publication of the notice.
[ 2011 c 336 s 169; 1999 c 284 s 3; 1983 c 263 s 2; 1939 c 153 s 2; RRS s 5616-12. Formerly RCW 7.24.160.]

catchline: Complaint—Defendants—Service—Intervention—Attorneys' fee—Notice of action.


title: RCW 7.25.030

text:
The court in such action shall enter its judgment determining whether or not the bonds as proposed will be valid, and if the court finds that a portion, but not all, of the said bond issue is authorized by law, the court shall so declare, and find by its judgment what portion of such bond issue will be valid, and the judgment in said action shall be conclusive and binding upon all interested parties and upon all other persons.
[ 1999 c 284 s 4; 1939 c 153 s 3; RRS s 5616-13. Formerly RCW 7.24.170.]

catchline: Judgment as to validity of all or part of bond issue—Effect.


title: RCW 7.25.040

text:
Except as otherwise herein provided, all the provisions of the laws of Washington relating to declaratory judgments shall apply to the action herein provided for. The remedy and procedure herein provided shall be in addition to other remedies and procedures now provided by law.
[ 1999 c 284 s 5; 1939 c 153 s 4; RRS s 5616-14. Formerly RCW 7.24.180.]
Notes:
Uniform Declaratory Judgments Act: Chapter 7.24 RCW.

catchline: Other declaratory judgment provisions applicable.


title: RCW 7.28.010

text:
Any person having a valid subsisting interest in real property, and a right to the possession thereof, may recover the same by action in the superior court of the proper county, to be brought against the tenant in possession; if there is no such tenant, then against the person claiming the title or some interest therein, and may have judgment in such action quieting or removing a cloud from plaintiff's title; an action to quiet title may be brought by the known heirs of any deceased person, or of any person presumed in law to be deceased, or by the successors in interest of such known heirs against the unknown heirs of such deceased person or against such person presumed to be deceased and his or her unknown heirs, and if it shall be made to appear in such action that the plaintiffs are heirs of the deceased person, or the person presumed in law to be deceased, or the successors in interest of such heirs, and have been in possession of the real property involved in such action for ten years preceding the time of the commencement of such action, and that during said time no person other than the plaintiff in the action or his or her grantors has claimed or asserted any right or title or interest in said property, the court may adjudge and decree the plaintiff or plaintiffs in such action to be the owners of such real property, free from all claims of any unknown heirs of such deceased person, or person presumed in law to be deceased; and an action to quiet title may be maintained by any person in the actual possession of real property against the unknown heirs of a person known to be dead, or against any person where it is not known whether such person is dead or not, and against the unknown heirs of such person, and if it shall thereafter transpire that such person was at the time of commencing such action dead the judgment or decree in such action shall be as binding and conclusive on the heirs of such person as though they had been known and named; and in all actions, under this section, to quiet or remove a cloud from the title to real property, if the defendant be absent or a nonresident of this state, or cannot, after due diligence, be found within the state, or conceals himself or herself to avoid the service of summons, service may be made upon such defendant by publication of summons as provided by law; and the court may appoint a trustee for such absent or nonresident defendant, to make or cancel any deed or conveyance of whatsoever nature, or do any other act to carry into effect the judgment or the decree of the court.
[ 2011 c 336 s 170; 1911 c 83 s 1; 1890 c 72 s 1; Code 1881 s 536; 1879 p 134 s 1; 1877 p 112 s 540; 1869 p 128 s 488; 1854 p 205 s 398; RRS s 785. Formerly RCW 7.28.010, 7.28.020, 7.28.030, and 7.28.040.]
Notes:
Process, publication, etc.: Chapter 4.28 RCW.
Publication of legal notices: Chapter 65.16 RCW.

catchline: Who may maintain actions—Service on nonresident defendant.


title: RCW 7.28.050

text:
That all actions brought for the recovery of any lands, tenements or hereditaments of which any person may be possessed by actual, open and notorious possession for seven successive years, having a connected title in law or equity deducible of record from this state or the United States, or from any public officer, or other person authorized by the laws of this state to sell such land for the nonpayment of taxes, or from any sheriff, marshal or other person authorized to sell such land on execution or under any order, judgment or decree of any court of record, shall be brought within seven years next after possession being taken as aforesaid, but when the possessor shall acquire title after taking such possession, the limitation shall begin to run from the time of acquiring title.
[ 1893 c 11 s 1; RRS s 786.]

catchline: Limitation of actions for recovery of real property—Adverse possession under title deducible of record.


title: RCW 7.28.060

text:
The heirs, devisees and assigns of the person having such title and possession shall have the same benefit of RCW 7.28.050 as the person from whom the possession is derived.
[ 1893 c 11 s 2; RRS s 787.]

catchline: Rights inhere to heirs, devisees and assigns.


title: RCW 7.28.070

text:
Every person in actual, open and notorious possession of lands or tenements under claim and color of title, made in good faith, and who shall for seven successive years continue in possession, and shall also during said time pay all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of said lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, devise or descent, before said seven years shall have expired, and who shall continue such possession and continue to pay the taxes as aforesaid, so as to complete the possession and payment of taxes for the term aforesaid, shall be entitled to the benefit of this section.
[ 1893 c 11 s 3; RRS s 788.]

catchline: Adverse possession under claim and color of title—Payment of taxes.


title: RCW 7.28.080

text:
Every person having color of title made in good faith to vacant and unoccupied land, who shall pay all taxes legally assessed thereon for seven successive years, he or she shall be deemed and adjudged to be the legal owner of said vacant and unoccupied land to the extent and according to the purport of his or her paper title. All persons holding under such taxpayer, by purchase, devise or descent, before said seven years shall have expired, and who shall continue to pay the taxes as aforesaid, so as to complete the payment of said taxes for the term aforesaid, shall be entitled to the benefit of this section: PROVIDED, HOWEVER, If any person having a better paper title to said vacant and unoccupied land shall, during the said term of seven years, pay the taxes as assessed on said land for any one or more years of said term of seven years, then and in that case such taxpayer, his heirs or assigns, shall not be entitled to the benefit of this section.
[ 1893 c 11 s 4; RRS s 789.]

catchline: Color of title to vacant and unoccupied land.


title: RCW 7.28.083

text:
(1) A party who prevails against the holder of record title at the time an action asserting title to real property by adverse possession was filed, or against a subsequent purchaser from such holder, may be required to:
(a) Reimburse such holder or purchaser for part or all of any taxes or assessments levied on the real property during the period the prevailing party was in possession of the real property in question and which are proven by competent evidence to have been paid by such holder or purchaser; and
(b) Pay to the treasurer of the county in which the real property is located part or all of any taxes or assessments levied on the real property after the filing of the adverse possession claim and which are due and remain unpaid at the time judgment on the claim is entered.
(2) If the court orders reimbursement for taxes or assessments paid or payment of taxes or assessments due under subsection (1) of this section, the court shall determine how to allocate taxes or assessments between the property acquired by adverse possession and the property retained by the titleholder. In making its determination, the court shall consider all the facts and shall order such reimbursement or payment as appears equitable and just.
(3) The prevailing party in an action asserting title to real property by adverse possession may request the court to award costs and reasonable attorneys' fees. The court may award all or a portion of costs and reasonable attorneys' fees to the prevailing party if, after considering all the facts, the court determines such an award is equitable and just.
[ 2011 c 255 s 1.]
Notes:
Application—2011 c 255: "This act applies to actions filed on or after July 1, 2012." [ 2011 c 255 s 2.]

catchline: Adverse possession—Reimbursement of taxes or assessments—Payment of unpaid taxes or assessments—Awarding of costs and attorneys' fees.


title: RCW 7.28.085

text:
(1) In any action seeking to establish an adverse claimant as the legal owner of a fee or other interest in forestland based on a claim of adverse possession, and in any defense to an action brought by the holder of record title for recovery of title to or possession of a fee or other interest in forestland where such defense is based on a claim of adverse possession, the adverse claimant shall not be deemed to have established open and notorious possession of the forestlands at issue unless, as a minimum requirement, the adverse claimant establishes by clear and convincing evidence that the adverse claimant has made or erected substantial improvements, which improvements have remained entirely or partially on such lands for at least ten years. If the interests of justice so require, the making, erecting, and continuous presence of substantial improvements on the lands at issue, in the absence of additional acts by the adverse claimant, may be found insufficient to establish open and notorious possession.
(2) This section shall not apply to any adverse claimant who establishes by clear and convincing evidence that the adverse claimant occupied the lands at issue and made continuous use thereof for at least ten years in good faith reliance on location stakes or other boundary markers set by a registered land surveyor purporting to establish the boundaries of property to which the adverse claimant has record title.
(3) For purposes of this section:
(a) "Adverse claimant" means any person, other than the holder of record title, occupying the lands at issue together with any prior occupants of the land in privity with such person by purchase, devise, or decent [descent];
(b) "Claim of adverse possession" does not include a claim asserted under RCW 7.28.050, 7.28.070, or 7.28.080;
(c) "Forestland" has the meaning given in *RCW 84.33.100; and
(d) "Substantial improvement" means a permanent or semipermanent structure or enclosure for which the costs of construction exceeded fifty thousand dollars.
(4) This section shall not apply to any adverse claimant who, before June 11, 1998, acquired title to the lands in question by adverse possession under the law then in effect.
(5) This section shall not apply to any adverse claimant who seeks to assert a claim or defense of adverse possession in an action against any person who, at the time such action is commenced, owns less than twenty acres of forestland in the state of Washington.
[ 1998 c 57 s 1.]
Notes:
*Reviser's note: RCW 84.33.100 was repealed by 2001 c 249 s 16.


title: RCW 7.28.090

text:
RCW 7.28.070 and 7.28.080 shall not extend to lands or tenements owned by the United States or this state, nor to school lands, nor to lands held for any public purpose. Nor shall they extend to lands or tenements when there shall be an adverse title to such lands or tenements, and the holder of such adverse title is a person under eighteen years of age, or has been placed under a guardianship under RCW 11.130.265 or has been placed under a conservatorship under RCW 11.130.360. However, such persons as aforesaid shall commence an action to recover such lands or tenements so possessed as aforesaid, within three years after the several disabilities herein enumerated shall cease to exist, and shall prosecute such action to judgment, or in case of vacant and unoccupied land shall, within the time last aforesaid, pay to the person or persons who have paid the same for his or her betterments, and the taxes, with interest on said taxes at the legal rate per annum that have been paid on said vacant and unimproved land.
[ 2020 c 312 s 703; 1977 ex.s. c 80 s 7; 1971 ex.s. c 292 s 7; 1893 c 11 s 5; RRS s 790.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.

catchline: Adverse possession—Public lands—Adverse title in minors, persons under guardianship or conservatorship.


title: RCW 7.28.100

text:
That the provisions of RCW 7.28.050 through 7.28.100 shall be liberally construed for the purposes set forth in those sections.
[ 1893 c 11 s 6; RRS s 791.]

catchline: Construction.


title: RCW 7.28.110

text:
A defendant who is in actual possession may, for answer, plead that he or she is in possession only as a tenant of another, naming him or her and his or her place of residence, and thereupon the landlord, if he or she applies therefor, shall be made defendant in place of the tenant, and the action shall proceed in all respects as if originally commenced against him or her. If the landlord does not apply to be made defendant within the time the tenant is allowed to answer, thereafter he or she shall not be allowed to, but he or she shall be made defendant if the plaintiff require it. If the landlord be made defendant on motion of the plaintiff he or she shall be required to appear and answer within ten days from notice of the pendency of the action and the order making him or her defendant, or such further notice as the court or judge thereof may prescribe.
[ 2011 c 336 s 171; Code 1881 s 537; 1877 p 112 s 541; 1869 p 128 s 489; RRS s 792.]

catchline: Substitution of landlord in action against tenant.


title: RCW 7.28.120

text:
The plaintiff in such action shall set forth in his or her complaint the nature of his or her estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff's claims; and the superior title, whether legal or equitable, shall prevail. The property shall be described with such certainty as to enable the possession thereof to be delivered if a recovery be had.
[ 2011 c 336 s 172; Code 1881 s 538; 1879 p 134 s 2; 1877 p 113 s 542; 1869 p 128 s 490; RRS s 793.]

catchline: Pleadings—Superior title prevails.


title: RCW 7.28.130

text:
The defendant shall not be allowed to give in evidence any estate in himself, herself, or another in the property, or any license or right to the possession thereof unless the same be pleaded in his or her answer. If so pleaded, the nature and duration of such estate, or license or right to the possession, shall be set forth with the certainty and particularity required in a complaint. If the defendant does not defend for the whole of the property, he or she shall specify for what particular part he or she does defend. In an action against a tenant, the judgment shall be conclusive against a landlord who has been made defendant in place of the tenant, to the same extent as if the action had been originally commenced against him or her.
[ 2011 c 336 s 173; Code 1881 s 539; 1877 p 113 s 543; 1869 p 129 s 491; RRS s 794.]

catchline: Defendant must plead nature of his or her estate or right to possession.


title: RCW 7.28.140

text:
The jury by their verdict shall find as follows:
(1) If the verdict be for the plaintiff, that he or she is entitled to the possession of the property described in the complaint, or some part thereof, or some undivided share or interest in either, and the nature and duration of his or her estate in such property, part thereof, or undivided share or interest, in either, as the case may be.
(2) If the verdict be for the defendant, that the plaintiff is not entitled to the possession of the property described in the complaint, or to such part thereof as the defendant defends for, and the estate in such property or part thereof, or license, or right to the possession of either established on the trial by the defendant, if any, in effect as the same is required to be pleaded.
[ 2011 c 336 s 174; Code 1881 s 540; 1877 p 113 s 544; 1869 p 129 s 492; RRS s 795.]
Notes:
Rules of court: CR 49.
General, special verdicts: RCW 4.44.410 through 4.44.440.

catchline: Verdict of jury.


title: RCW 7.28.150

text:
The plaintiff shall only be entitled to recover damages for withholding the property for the term of six years next preceding the commencement of the action, and for any period that may elapse from such commencement, to the time of giving a verdict therein, exclusive of the use of permanent improvements made by the defendant. When permanent improvements have been made upon the property by the defendant, or those under whom he or she claims holding under color of title adversely to the claim of the plaintiff, in good faith, the value thereof at the time of trial shall be allowed as a setoff against such damages.
[ 2011 c 336 s 175; Code 1881 s 541; 1877 p 113 s 545; 1869 p 129 s 493; RRS s 796.]
Notes:
Reviser's note: Compare the last sentence of this section with RCW 7.28.160 through 7.28.180.


title: RCW 7.28.160

text:
In an action for the recovery of real property upon which permanent improvements have been made or general or special taxes or local assessments have been paid by a defendant, or those under whom he or she claims, holding in good faith under color or claim of title adversely to the claim of plaintiff, the value of such improvements and the amount of such taxes or assessments with interest thereon from date of payment must be allowed as a counterclaim to the defendant.
[ 2011 c 336 s 176; 1903 c 137 s 1; RRS s 797.]

catchline: Defendant's counterclaim for permanent improvements and taxes paid.


title: RCW 7.28.170

text:
The counterclaim shall set forth the value of the land apart from the improvements, and the nature and value of the improvements apart from the land and the amount of said taxes and assessments so paid, and the date of payment. Issues shall be joined and tried as in other actions, and the value of the land and the amount of said taxes and assessments apart from the improvements, and the value of the improvements apart from the land must be specifically found by the verdict of the jury, report of the referee, or findings of the court as the case may be.
[ 1903 c 137 s 2; RRS s 798.]

catchline: Defendant's counterclaim for permanent improvements and taxes paid—Pleadings, issues and trial on counterclaim.


title: RCW 7.28.180

text:
If the judgment be in favor of the plaintiff for the recovery of the realty, and of the defendant upon the counterclaim, the plaintiff shall be entitled to recover such damages as he or she may be found to have suffered through the withholding of the premises and waste committed thereupon by the defendant or those under whom he or she claims, but against this recovery shall be offset pro tanto the value of the permanent improvements and the amount of said taxes and assessments with interest found as above provided. Should the value of improvements or taxes or assessments with interest exceed the recovery for damages, the plaintiff, shall, within two months, pay to the defendant the difference between the two sums and upon proof, after notice, to the defendant, that this has been done, the court shall make an order declaring that fact, and that title to the improvements is vested in him or her. Should the plaintiff fail to make such payment, the defendant may at any time within two months after the time limited for such payment to be made, pay to the plaintiff the value of the land apart from the improvements, and the amount of the damages awarded against him or her, and he or she thereupon shall be vested with title to the land, and, after notice to the plaintiff, the court shall make an order reciting the fact and adjudging title to be in him or her. Should neither party make the payment above provided, within the specified time, they shall be deemed to be tenants in common of the premises, including the improvements, each holding an interest proportionate to the value of his or her property determined in the manner specified in RCW 7.28.170: PROVIDED, That the interest of the owner of the improvements shall be the difference between the value of the improvements and the amount of damages recovered against him or her by the plaintiff.
[ 2011 c 336 s 177; 1903 c 137 s 3; RRS s 799.]

catchline: Defendant's counterclaim for permanent improvements and taxes paid—Judgment on counterclaim—Payment.


title: RCW 7.28.190

text:
If the right of the plaintiff to the possession of the property expire, after the commencement of the action and before the trial, the verdict shall be given according to the fact, and judgment shall be given only for the damages.
[Code 1881 s 542; 1877 p 114 s 546; 1869 p 130 s 494; RRS s 800.]

catchline: Verdict where plaintiff's right to possession expires before trial.


title: RCW 7.28.200

text:
The court or judge thereof, on motion, and after notice to the adverse party, may, for cause shown, grant an order allowing the party applying therefor to enter upon the property in controversy and make survey and admeasurement thereof, for the purposes of the action.
[Code 1881 s 543; 1877 p 114 s 547; 1869 p 130 s 495; RRS s 801.]

catchline: Order for survey of property.


title: RCW 7.28.210

text:
The order shall describe the property, and a copy thereof shall be served upon the defendant, and thereupon the party may enter upon the property and make such survey and admeasurement; but if any unnecessary injury be done to the premises, he or she shall be liable therefor.
[ 2011 c 336 s 178; Code 1881 s 544; 1877 p 114 s 548; 1869 p 130 s 496; RRS s 802.]

catchline: Order for survey of property—Contents of order—Service.


title: RCW 7.28.220

text:
An action for the recovery of the possession of real property against a person in possession, cannot be prejudiced by any alienation made by such person either before or after the commencement of the action; but if such alienation be made after the commencement of the action, and the defendant do not satisfy the judgment recovered for damages for withholding the possession, such damages may be recovered by action against the purchaser.
[Code 1881 s 545; 1877 p 114 s 549; 1869 p 130 s 497; RRS s 803.]

catchline: Alienation by defendant, effect of.


title: RCW 7.28.230

text:
(1) A mortgage of any interest in real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law: PROVIDED, That nothing in this section shall be construed as any limitation upon the right of the owner of real property to mortgage, pledge or assign the rents and profits thereof, nor as prohibiting the mortgagee, pledgee or assignee of such rents and profits, or any trustee under a mortgage or trust deed either contemporaneously or upon the happening of a future event of default, from entering into possession of any real property, other than farmlands or the homestead of the mortgagor or his or her successor in interest, for the purpose of collecting the rents and profits thereof for application in accordance with the provisions of the mortgage or trust deed or other instrument creating the lien, nor as any limitation upon the power of a court of equity to appoint a receiver to take charge of such real property and collect such rents and profits thereof for application in accordance with the terms of such mortgage, trust deed, or assignment.
(2) Until paid, the rents and profits of real property constitute real property for the purposes of mortgages, trust deeds, or assignments whether or not said rents and profits have accrued. The provisions of RCW 65.08.070 as now or hereafter amended shall be applicable to such rents and profits, and such rents and profits are excluded from *Article 62A.9 RCW.
(3) The recording of an assignment, mortgage, or pledge of unpaid rents and profits of real property, intended as security, in accordance with RCW 65.08.070, shall immediately perfect the security interest in the assignee, mortgagee, or pledgee and shall not require any further action by the holder of the security interest to be perfected as to any subsequent purchaser, mortgagee, or assignee. Any lien created by such assignment, mortgage, or pledge shall, when recorded, be deemed specific, perfected, and choate even if recorded prior to July 23, 1989.
[ 2011 c 336 s 179; 1991 c 188 s 1; 1989 c 73 s 1; 1969 ex.s. c 122 s 1; Code 1881 s 546; 1877 p 114 s 550; 1869 p 130 s 498; RRS s 804.]
Notes:
*Reviser's note: Article 62A.9 RCW was repealed in its entirety by 2000 c 250 s 9A-901, effective July 1, 2001. For later enactment, see Article 62A.9A RCW.

catchline: Mortgagee cannot maintain action for possession—Possession to collect mortgaged, pledged, or assigned rents and profits—Perfection of security interest.


title: RCW 7.28.240

text:
In an action by a tenant in common, or a joint tenant of real property against his or her cotenant, the plaintiff must show, in addition to his or her evidence of right, that the defendant either denied the plaintiff's right or did some act amounting to such denial.
[ 2011 c 336 s 180; Code 1881 s 547; 1877 p 114 s 551; 1869 p 130 s 499; RRS s 805.]

catchline: Action between cotenants.


title: RCW 7.28.250

text:
When in the case of a lease of real property and the failure of tenant to pay rent, the landlord has a subsisting right to reenter for such failure; he or she may bring an action to recover the possession of such property, and such action is equivalent to a demand of the rent and a reentry upon the property. But if at any time before the judgment in such action, the lessee or his or her successor in interest as to the whole or a part of the property, pay to the plaintiff, or bring into court the amount of rent then in arrear, with interest and cost of action, and perform the other covenants or agreements on the part of the lessee, he or she shall be entitled to continue in the possession according to the terms of the lease.
[ 2011 c 336 s 181; Code 1881 s 548; 1877 p 114 s 552; 1869 p 131 s 500; No RRS.]
Notes:
Forcible entry, detainer: Chapter 59.12 RCW.
Rent default, less than forty dollars: Chapter 59.08 RCW.
Tenancies: Chapter 59.04 RCW.

catchline: Action against tenant on failure to pay rent.


title: RCW 7.28.260

text:
In an action to recover possession of real property, the judgment rendered therein shall be conclusive as to the estate in such property and the right of possession thereof, so far as the same is thereby determined, upon all persons claiming by, through, or under the party against whom the judgment is rendered, by title or interest passing after the commencement of the action, if the party in whose favor the judgment is rendered shall have filed a notice of the pendency of the action as required by RCW 4.28.320. When service of the notice is made by publication, and judgment is given for failure to answer, at any time within two years from the entry thereof, the defendant or his or her successor in interest as to the whole or any part of the property, shall, upon application to the court or judge thereof, be entitled to an order, vacating the judgment and granting him or her a new trial, upon the payment of the costs of the action.
[ 2011 c 336 s 182; 1909 c 35 s 1; Code 1881 s 549; 1877 p 114 s 553; 1869 p 131 s 501; RRS s 806.]
Notes:
Rules of court: Cf. CR 58, 60(e).
New trials: Chapter 4.76 RCW.
Vacation of judgments: Chapter 4.72 RCW.

catchline: Effect of judgment—Lis pendens—Vacation.


title: RCW 7.28.270

text:
If the plaintiff has taken possession of the property before the judgment is set aside and a new trial granted, as provided in RCW 7.28.260, such possession shall not be thereby affected in any way; and if judgment be given for defendant in the new trial, he or she shall be entitled to restitution by execution in the same manner as if he or she were plaintiff.
[ 2011 c 336 s 183; Code 1881 s 550; 1877 p 115 s 554; 1869 p 131 s 502; RRS s 807.]
Notes:
Rules of court: Cf. CR 58, 60(e).

catchline: Effect of vacation of judgment.


title: RCW 7.28.280

text:
In an action at law, for the recovery of the possession of real property, if either party claims the property as a donee of the United States, and under the act of congress approved September 27th, 1850, commonly called the "Donation law," or the acts amendatory thereof, such party, from the date of his or her settlement thereon, as provided in said act, shall be deemed to have a legal estate in fee, in such property, to continue upon condition that he or she perform the conditions required by such acts, which estate is unconditional and indefeasible after the performance of such conditions. In such action, if both plaintiff and defendant claim title to the same real property, by virtue of settlement, under such acts, such settlement and performance of the subsequent condition shall be prima facie presumed in favor of the party having or claiming under the elder certificate, or patent, as the case may be, unless it appears upon the face of such certificate or patent that the same is absolutely void. Any person in possession, by himself or herself or his or her tenant, of real property, and any private or municipal corporation in possession by itself or its tenant of any real property, or when such real property is not in the actual possession of anyone, any person or private or municipal corporation claiming title to any real property under a patent from the United States, or during his, her, or its claim of title to such real property under a patent from the United States for such real estate, may maintain a civil action against any person or persons, corporations, or associations claiming an interest in said real property or any part thereof, or any right thereto adverse to him, her, them, or it, for the purpose of determining such claim, estate, or interest; and where several persons, or private or municipal corporations are in possession of, or claim as aforesaid, separate parcels of real property, and an adverse interest is claimed or claim made in or to any such parcels, by any other person, persons, corporations, or associations, arising out of a question, conveyance, statute, grant, or other matter common to all such parcels of real estate, all or any portion of such persons or corporations so in possession, or claiming such parcel of real property may unite as plaintiffs in such suit to determine such adverse claim or interest against all persons, corporations, or associations claiming such adverse interest.
[ 2011 c 336 s 184; Code 1881 s 551; 1877 p 116 s 556; 1869 p 132 s 504; RRS ss 808, 809. Formerly RCW 7.28.280 and 7.28.290.]

catchline: Conflicting claims, donation law, generally—Joinder of parties.


title: RCW 7.28.300

text:
The record owner of real estate may maintain an action to quiet title against the lien of a mortgage or deed of trust on the real estate where an action to foreclose such mortgage or deed of trust would be barred by the statute of limitations, and, upon proof sufficient to satisfy the court, may have judgment quieting title against such a lien.
[ 1998 c 295 s 17; 1937 c 124 s 1; RRS s 785-1.]
Notes:
Limitation of actions, generally: Chapter 4.16 RCW.
Real estate mortgages, foreclosure: Chapter 61.12 RCW.

catchline: Quieting title against outlawed mortgage or deed of trust.


title: RCW 7.28.310

text:
Any person or corporation claiming to be the owner of or interested in any tangible or intangible personal property may institute and maintain a suit against any person or corporation also claiming title to or any interest in such property for the purpose of adjudicating the title of the plaintiff to such property, or any interest therein, against any and all adverse claims; removing all such adverse claims as clouds upon the title of the plaintiff and quieting the title of the plaintiff against any and all such adverse claims.
[ 1929 c 100 s 1; RRS s 809-1.]

catchline: Quieting title to personal property.


title: RCW 7.28.320

text:
The fact that any person or corporation against whom such action may be brought is in the possession of such property, or evidence of title to such property, shall not prevent the maintenance of such suit.
[ 1929 c 100 s 2; RRS s 809-2.]

catchline: Possession no defense.


title: RCW 7.36.010

text:
Every person restrained of his or her liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, and shall be delivered therefrom when illegal.
[ 2011 c 336 s 185; Code 1881 s 666; 1877 p 138 s 669; 1869 p 156 s 606; 1854 p 212 s 434; RRS s 1063.]

catchline: Who may prosecute writ.


title: RCW 7.36.020

text:
Writs of habeas corpus shall be granted in favor of parents, guardians, limited guardians where appropriate, spouses or domestic partners, and next of kin, and to enforce the rights, and for the protection of minors and persons who have been placed under a guardianship under RCW 11.130.265 or under a conservatorship under RCW 11.130.360; and the proceedings shall in all cases conform to the provisions of this chapter.
[ 2020 c 312 s 704; 2008 c 6 s 801; 1977 ex.s. c 80 s 8; 1973 1st ex.s. c 154 s 17; Code 1881 s 688; 1877 p 141 s 692; 1869 p 159 s 628; 1854 p 214 s 456; RRS s 1064.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Parents, guardians, etc., may act for minors, persons under guardianship or conservatorship.


title: RCW 7.36.030

text:
Application for the writ shall be made by petition, signed and verified either by the plaintiff or by some person in his or her behalf, and shall specify:
(1) By whom the petitioner is restrained of his or her liberty, and the place where, (naming the parties if they are known, or describing them if they are not known).
(2) The cause or pretense of the restraint according to the best of the knowledge and belief of the applicant.
(3) If the restraint be alleged to be illegal, in what the illegality consists.
[ 2011 c 336 s 186; Code 1881 s 667; 1877 p 138 s 670; 1869 p 156 s 607; 1854 p 212 s 435; RRS s 1065.]

catchline: Petition—Contents.


title: RCW 7.36.040

text:
Writs of habeas corpus may be granted by the supreme court, the court of appeals, or superior court, or by any judge of such courts, and upon application the writ shall be granted without delay.
[ 1971 c 81 s 31; 1957 c 9 s 10; Code 1881 s 668; 1877 p 138 s 671; 1869 p 156 s 608; 1854 p 212 s 436; RRS s 1066.]
Notes:
Rules of court: Cf. RAP 16.3, 18.22.

catchline: Who may grant writ.


title: RCW 7.36.050

text:
The writ shall be directed to the officer or party having the person under restraint, commanding him or her to have such person before the court or judge at such time and place as the court or judge shall direct to do and receive what shall be ordered concerning him or her, and have then and there the writ.
[ 2011 c 336 s 187; Code 1881 s 669; 1877 p 138 s 672; 1869 p 156 s 609; 1854 p 212 s 437; RRS s 1067.]

catchline: To whom directed—Contents.


title: RCW 7.36.060

text:
If the writ be directed to the sheriff, it shall be delivered by the clerk to him or her without delay.
[ 2011 c 336 s 188; Code 1881 s 670; 1877 p 138 s 673; 1869 p 156 s 610; 1854 p 212 s 438; RRS s 1068.]

catchline: Delivery to sheriff if to him or her directed.


title: RCW 7.36.070

text:
If the writ be directed to any other person, it shall be delivered to the sheriff and shall be by him or her served by delivering the same to such person without delay.
[ 2011 c 336 s 189; Code 1881 s 671; 1877 p 139 s 674; 1869 p 156 s 611; 1854 p 212 s 430; RRS s 1069.]

catchline: Service by sheriff if directed to another.


title: RCW 7.36.080

text:
If the person to whom such writ is directed cannot be found or shall refuse admittance to the sheriff, the same may be served by leaving it at the residence of the person to whom it is directed, or by posting the same in some conspicuous place, either on his or her dwelling house or where the party is confined or under restraint.
[ 2011 c 336 s 190; Code 1881 s 672; 1877 p 139 s 675; 1869 p 157 s 612; 1854 p 212 s 440; RRS s 1070.]

catchline: Service when person not found.


title: RCW 7.36.090

text:
The sheriff or other person to whom the writ is directed shall make immediate return thereof, and if he or she refuse after due service to make return, the court shall enforce obedience by attachment.
[ 2011 c 336 s 191; Code 1881 s 673; 1877 p 139 s 676; 1869 p 157 s 613; 1854 p 213 s 441; RRS s 1071.]

catchline: Return—Attachment for refusal.


title: RCW 7.36.100

text:
The return must be signed and verified by the person making it, who shall state:
(1) The authority or cause of the restraint of the party in his or her custody.
(2) If the authority shall be in writing, he or she shall return a copy and produce the original on the hearing.
(3) If he or she has had the party in his or her custody or under his or her restraint, and has transferred him or her to another, he or she shall state to whom, the time, place, and cause of the transfer. He or she shall produce the party at the hearing unless prevented by sickness or infirmity, which must be shown in the return.
[ 2011 c 336 s 192; Code 1881 s 674; 1877 p 139 s 677; 1869 p 157 s 614; 1854 p 213 s 442; RRS s 1072.]

catchline: Form of return—Production of person.


title: RCW 7.36.110

text:
The court or judge, if satisfied of the truth of the allegation of sickness or infirmity, may proceed to decide on the return, or the hearing may be adjourned until the party can be produced, or for other good cause. The plaintiff may except to the sufficiency of, or controvert the return or any part thereof, or allege any new matter in evidence. The new matter shall be verified, except in cases of commitment on a criminal charge. The return and pleadings may be amended without causing a delay.
[Code 1881 s 675; 1877 p 139 s 678; 1869 p 157 s 615; 1854 p 213 s 443; RRS s 1073.]

catchline: Procedure—Pleadings—Amendment.


title: RCW 7.36.120

text:
The court or judge shall thereupon proceed in a summary way to hear and determine the cause, and if no legal cause be shown for the restraint or for the continuation thereof, shall discharge the party.
[Code 1881 s 676; 1877 p 139 s 679; 1869 p 157 s 616; 1854 p 213 s 444; RRS s 1074.]
Notes:
Rules of court: ER 1101.

catchline: Hearing—Determination.


title: RCW 7.36.130

text:
No court or judge shall inquire into the legality of any judgment or process whereby the party is in custody, or discharge the party when the term of commitment has not expired, in either of the cases following:
(1) Upon any process issued on any final judgment of a court of competent jurisdiction except where it is alleged in the petition that rights guaranteed the petitioner by the Constitution of the state of Washington or of the United States have been violated and the petition is filed within the time allowed by RCW 10.73.090 and 10.73.100.
(2) For any contempt of any court, officer or body having authority in the premises to commit; but an order of commitment, as for a contempt upon proceedings to enforce the remedy of a party, is not included in any of the foregoing specifications.
(3) Upon a warrant issued from the superior court upon an indictment or information.
[ 1989 c 395 s 3; 1947 c 256 s 3; 1891 c 43 s 1; Code 1881 s 677; 1869 p 157 s 617; 1854 p 213 s 445; Rem. Supp. 1947 s 1075.]

catchline: Limitation upon inquiry.


title: RCW 7.36.140

text:
In the consideration of any petition for a writ of habeas corpus by the supreme court or the court of appeals, whether in an original proceeding or upon an appeal, if any federal question shall be presented by the pleadings, it shall be the duty of the supreme court to determine in its opinion whether or not the petitioner has been denied a right guaranteed by the Constitution of the United States.
[ 1971 c 81 s 32; 1947 c 256 s 2; Rem. Supp. 1947 s 1085-2.]

catchline: Duty of courts when federal question is raised.


title: RCW 7.36.150

text:
No person shall be discharged from an order of commitment issued by any judicial or peace officer for want of bail, or in cases not bailable on account of any defect in the charge or process, or for alleged want of probable cause; but in all cases the court or judge shall summon the prosecuting witnesses, investigate the criminal charge, and discharge, admit to bail or recommit the prisoner, as may be just and legal, and recognize witnesses when proper.
[Code 1881 s 678; 1877 p 140 s 681; 1869 p 157 s 618; 1854 p 213 s 446; RRS s 1076.]

catchline: Admission to bail or discharge—Duty of court.


title: RCW 7.36.160

text:
The writ may be had for the purpose of admitting a prisoner to bail in civil and criminal actions. When any person has an interest in the detention, and the prisoner shall not be discharged until the person having such interest is notified.
[Code 1881 s 679; 1877 p 140 s 682; 1869 p 158 s 619; 1854 p 214 s 447; RRS s 1077.]

catchline: Writ to admit prisoner to bail.


title: RCW 7.36.170

text:
The court or judge shall have power to require and compel the attendance of witnesses, and to do all other acts necessary to determine the case.
[Code 1881 s 680; 1877 p 140 s 683; 1869 p 158 s 620; 1854 p 214 s 448; RRS s 1078.]
Notes:
Witnesses, compelling attendance: Chapter 5.56 RCW.

catchline: Compelling attendance of witnesses.


title: RCW 7.36.180

text:
No sheriff or other officer shall be liable to a civil action for obeying any writ of habeas corpus or order of discharge made thereon.
[Code 1881 s 681; 1877 p 140 s 684; 1869 p 158 s 621; 1854 p 214 s 449; RRS s 1079.]

catchline: Officers protected from civil liability.


title: RCW 7.36.190

text:
Whenever it shall appear by affidavit that any one is illegally held in custody or restraint, and that there is good reason to believe that such person will be carried out of the jurisdiction of the court or judge before whom the application is made, or will suffer some irreparable injury before compliance with the writ can be enforced, such court or judge may cause a warrant to be issued reciting the facts, and directed to the sheriff or any constable of the county, commanding him or her to take the person thus held in custody or restraint, and forthwith bring him or her before the court or judge to be dealt with according to the law.
[ 2011 c 336 s 193; Code 1881 s 682; 1877 p 140 s 685; 1869 p 158 s 622; 1854 p 214 s 450; RRS s 1080.]

catchline: Warrant to prevent removal.


title: RCW 7.36.200

text:
The court or judge may also, if the same be deemed necessary, insert in the warrant a command for the apprehension of the person charged with causing the illegal restraint.
[Code 1881 s 683; 1877 p 141 s 687; 1869 p 159 s 623; 1854 p 214 s 451; RRS s 1081.]

catchline: Warrant may call for apprehension of offending party.


title: RCW 7.36.210

text:
The officer shall execute the writ [warrant] by bringing the person therein named before the court or judge, and the like return of proceedings shall be required and had as in case of writs of habeas corpus.
[Code 1881 s 684; 1877 p 141 s 688; 1869 p 159 s 624; 1854 p 214 s 452; RRS s 1082.]

catchline: Execution of warrant.


title: RCW 7.36.220

text:
The court or judge may make any temporary orders in the cause or disposition of the party during the progress of the proceedings that justice may require. The custody of any party restrained may be changed from one person to another, by order of the court or judge.
[Code 1881 s 685; 1877 p 141 s 689; 1869 p 159 s 625; 1854 p 214 s 453; RRS s 1083.]

catchline: Temporary orders.


title: RCW 7.36.230

text:
Any writ or process authorized by this chapter may be issued and served, in cases of emergency, on Sunday.
[Code 1881 s 686; 1877 p 141 s 690; 1869 p 159 s 626; 1854 p 214 s 454; RRS s 1084.]
Notes:
Superior court, issuance of habeas corpus on nonjudicial days: State Constitution Art. 4 s 6 (Amendment 28).

catchline: Emergency acts on Sunday authorized.


title: RCW 7.36.240

text:
All writs and other process authorized by this chapter shall be issued by the clerk of the court, and sealed with the seal of such court, and shall be served and returned forthwith, unless the court or judge shall specify a particular time for such return. And no writ or other process shall be disregarded for any defect therein, if enough is shown to notify the officer or person of the purport of the process. Amendments may be allowed and temporary commitments when necessary.
[Code 1881 s 687; 1877 p 141 s 691; 1869 p 159 s 627; 1854 p 214 s 455; RRS s 1085.]


title: RCW 7.36.250

text:
Any person entitled to prosecute a writ of habeas corpus who, by reason of poverty is unable to pay the costs of such proceeding or give security therefor, may file in the court having original jurisdiction of the proceeding an affidavit setting forth such facts and that he or she believes himself or herself to be entitled to the redress sought. Upon the filing of such an affidavit the court may, if satisfied that the proceeding or appeal is instituted or taken in good faith, order that such proceeding, including appeal, may be prosecuted without prepayment of fees or costs or the giving of security therefor. This section also applies to filing fees assessed under RCW 36.18.016.
[ 2002 c 338 s 3; 1947 c 256 s 1; Rem. Supp. 1947 s 1085-1.]
Notes:
Rules of court: RAP 16.15(f), 16.15(g).

catchline: Proceeding in forma pauperis.


title: RCW 7.36.260

text:
Notwithstanding RCW 36.18.040, the sheriff may waive fees associated with service of a writ of habeas corpus that was issued for the return of a child when the person who was granted the writ is, by reason of poverty, unable to pay the cost of service.
[ 2017 c 272 s 6.]

catchline: Waiver of fees—Service of writ of habeas corpus issued for return of a child.


title: RCW 7.40.010

text:
Restraining orders and injunctions may be granted by the superior court, or by any judge thereof.
[ 1957 c 9 s 11; Code 1881 s 153; 1877 p 32 s 153; 1869 p 38 s 151; 1854 p 152 s 111; RRS s 718.]

catchline: Who may grant restraining orders and injunctions.


title: RCW 7.40.020

text:
When it appears by the complaint that the plaintiff is entitled to the relief demanded and the relief, or any part thereof, consists in restraining the commission or continuance of some act, the commission or continuance of which during the litigation would produce great injury to the plaintiff; or when during the litigation, it appears that the defendant is doing, or threatened, or is about to do, or is procuring, or is suffering some act to be done in violation of the plaintiff's rights respecting the subject of the action tending to render the judgment ineffectual; or where such relief, or any part thereof, consists in restraining proceedings upon any final order or judgment, an injunction may be granted to restrain such act or proceedings until the further order of the court, which may afterwards be dissolved or modified upon motion. And where it appears in the complaint at the commencement of the action, or during the pendency thereof, by affidavit, that the defendant threatens, or is about to remove or dispose of his or her property with intent to defraud his or her creditors, a temporary injunction may be granted to restrain the removal or disposition of his or her property.
[ 2011 c 336 s 194; Code 1881 s 154; 1877 p 33 s 154; 1869 p 38 s 152; 1854 p 152 s 112; RRS s 719.]

catchline: Grounds for issuance.


title: RCW 7.40.030

text:
An injunction may be granted to restrain the malicious erection, by any owner or lessee of land, of any structure intended to spite, injure or annoy an adjoining proprietor. And where any owner or lessee of land has maliciously erected such a structure with such intent, a mandatory injunction will lie to compel its abatement and removal.
[1883 p 44 s 1, part; Code 1881 s 154 1/2; RRS s 720.]

catchline: Malicious erection of structure may be enjoined.


title: RCW 7.40.040

text:
The injunction may be granted at the time of commencing the action, or at any time afterwards, before judgment in that proceeding.
[Code 1881 s 155; 1877 p 33 s 155; 1869 p 39 s 153; 1854 p 153 s 113; RRS s 721.]

catchline: Time of granting.


title: RCW 7.40.050

text:
No injunction shall be granted until it shall appear to the court or judge granting it, that some one or more of the opposite party concerned, has had reasonable notice of the time and place of making application, except that in cases of emergency to be shown in the complaint, the court may grant a restraining order until notice can be given and hearing had thereon.
[Code 1881 s 156; 1877 p 33 s 156; 1869 p 39 s 154; 1854 p 153 s 114; RRS s 722.]
Notes:
Rules of court: CR 52(a)(2)(A), 65.

catchline: Notice—Restraining orders in emergencies.


title: RCW 7.40.060

text:
On the hearing of an application for an injunction, each party may read affidavits.
[Code 1881 s 157; 1877 p 33 s 157; 1869 p 39 s 155; 1854 p 153 s 115; RRS s 723.]
Notes:
Rules of court: CR 65.

catchline: Affidavits at hearing.


title: RCW 7.40.070

text:
Upon the granting or continuing an injunction, such terms and conditions may be imposed upon the party obtaining it as may be deemed equitable.
[Code 1881 s 158; 1877 p 33 s 158; 1869 p 39 s 156; 1854 p 153 s 116; RRS s 724.]
Notes:
Rules of court: Cf. CR 65(d).

catchline: Terms and conditions may be imposed.


title: RCW 7.40.080

text:
No injunction or restraining order shall be granted until the party asking it shall enter into a bond, in such a sum as shall be fixed by the court or judge granting the order, with surety to the satisfaction of the clerk of the superior court, to the adverse party affected thereby, conditioned to pay all damages and costs which may accrue by reason of the injunction or restraining order. The sureties shall, if required by the clerk, justify as provided by law, and until they so justify, the clerk shall be responsible for their sufficiency. The court in its sound discretion may waive the required bond in situations in which a person's health or life would be jeopardized.
[ 1994 c 185 s 5; 1957 c 51 s 9; Code 1881 s 159; 1877 p 33 s 159; 1869 p 39 s 157; 1854 p 153 s 117; RRS s 725.]
Notes:
Rules of court: Cf. CR 65(c).
Corporate surety—Insurance: Chapter 48.28 RCW.

catchline: Injunction bond.


title: RCW 7.40.085

text:
In determining the amount of the bond required by RCW 7.40.080 as now or hereafter amended, with respect to an injunction or restraining order that will delay or enjoin a notice to proceed or the performance of work under a construction contract for a public contracting body among the factors regarded in the exercise of its discretion, the court shall consider:
(1) All costs and liquidated damages provided for in the contract or otherwise that may result from such delay;
(2) The probable costs to the public in terms of inconvenience, delayed use of the proposed facilities, and escalation of costs of delayed construction of the proposed facilities that may be incurred as a result of a delay subsequently found to be without good cause; and
(3) The procedures for consideration of objections to proposed construction and the opportunity the one seeking the injunction had for objecting prior to the letting of the contract.
[ 1974 ex.s. c 153 s 1.]

catchline: Injunction bonds for injunctions affecting public construction contracts.


title: RCW 7.40.090

text:
When an injunction is granted upon the hearing, after a temporary restraining order, the plaintiff shall not be required to enter into a second bond, unless the former shall be deemed insufficient, but the plaintiff and his or her surety shall remain liable upon his or her original bond.
[ 2011 c 336 s 195; Code 1881 s 160; 1877 p 33 s 160; 1869 p 39 s 158; 1854 p 153 s 118; RRS s 726.]
Notes:
Rules of court: Cf. CR 65(c).

catchline: Bond for injunction after temporary restraining order.


title: RCW 7.40.100

text:
It shall not be necessary to issue a writ of injunction, but the clerk shall issue a copy of the order of injunction duly certified by him or her, which shall be forthwith served by delivering the same to the adverse party.
[ 2011 c 336 s 196; Code 1881 s 161; 1877 p 33 s 161; 1869 p 39 s 159; 1854 p 153 s 119; RRS s 727.]

catchline: Copy of order serves as writ.


title: RCW 7.40.110

text:
In application to stay proceedings after judgment, the plaintiff shall endorse upon his or her complaint a release of errors in the judgment whenever required to do so by the judge or court.
[ 2011 c 336 s 197; Code 1881 s 162; 1877 p 33 s 162; 1869 p 39 s 160; 1854 p 153 s 120; RRS s 728.]

catchline: Stay of judgment—Release of errors.


title: RCW 7.40.120

text:
An order of injunction shall bind every person and officer restrained from the time he or she is informed thereof.
[ 2011 c 336 s 198; Code 1881 s 163; 1877 p 33 s 163; 1869 p 40 s 161; 1854 p 153 s 121; RRS s 729.]

catchline: Injunction, who is bound by.


title: RCW 7.40.130

text:
When notice of the application for an injunction has been served upon the adverse party, it shall not be necessary to serve the order upon him or her, but he or she shall be bound by the injunction as soon as the bond required of the plaintiff is executed and delivered to the proper officer.
[ 2011 c 336 s 199; Code 1881 s 164; 1877 p 34 s 164; 1869 p 40 s 162; 1854 p 154 s 122; RRS s 730.]

catchline: When adverse party becomes bound.


title: RCW 7.40.140

text:
Money collected upon a judgment afterward enjoined, remaining in the hands of the collecting officer, shall be paid to the clerk of the court granting the injunction, subject to the order of the court.
[Code 1881 s 165; 1877 p 34 s 165; 1869 p 40 s 163; 1854 p 154 s 123; RRS s 731.]

catchline: Disposition of money collected on enjoined judgment.


title: RCW 7.40.150

text:
Whenever it shall appear to any court granting a restraining order or an order of injunction, or by affidavit, that any person has willfully disobeyed the order after notice thereof, such court shall award an attachment for contempt against the party charged, or an order to show cause why it should not issue. The attachment or order shall be issued by the clerk of the court, and directed to the sheriff, and shall be served by him or her.
[ 2011 c 336 s 200; 1957 c 9 s 12; Code 1881 s 166; 1877 p 34 s 166; 1869 p 40 s 164; 1854 p 154 s 124; RRS s 732.]

catchline: Contempt for disobedience.


title: RCW 7.40.160

text:
The attachment for contempt shall be immediately served, by arresting the party charged, and bringing him or her into court, if in session, to be dealt with as in other cases of contempt; and the court shall also take all necessary measures to secure and indemnify the plaintiff against damages in the premises.
[ 2011 c 336 s 201; Code 1881 s 167; 1877 p 34 s 167; 1869 p 40 s 165; 1854 p 154 s 125; RRS s 733.]

catchline: Attachment and arrest—Indemnity of plaintiff.


title: RCW 7.40.170

text:
If the court is not in session the officer making the arrest shall cause the person to enter into a bond, with surety, to be approved by the officer, conditioned that he or she personally appear in open court whenever his or her appearance shall be required, to answer such contempt, and that he or she will pay to the plaintiff all his or her damages and costs occasioned by the breach of the order; and in default thereof he or she shall be committed to the jail of the county until he or she shall enter into such bond with surety, or be otherwise legally discharged.
[ 2011 c 336 s 202; 1891 c 56 s 1; Code 1881 s 168; 1877 p 34 s 168; 1869 p 40 s 166; 1854 p 154 s 126; RRS s 734.]

catchline: Bond for appearance.


title: RCW 7.40.180

text:
Motions to dissolve or modify injunctions may be made in open court, or before a judge of the superior court, at any time after reasonable notice to the adverse party.
[ 1891 c 36 s 1; Code 1881 s 169; 1877 p 34 s 169; 1869 p 40 s 167; 1854 p 154 s 127; RRS s 735.]
Notes:
Rules of court: CR 65.

catchline: Motion to dissolve or modify.


title: RCW 7.40.190

text:
When an injunction to stay proceedings after judgment for debt or damages shall be dissolved, the court shall award such damages not exceeding ten percent on the judgment, as the court may deem right, against the party in whose favor the injunction issued.
[Code 1881 s 170; 1877 p 34 s 170; 1869 p 41 s 168; 1854 p 154 s 128; RRS s 736.]

catchline: Damages on dissolution of injunction to stay judgment.


title: RCW 7.40.200

text:
If an injunction to stay proceedings after verdict or judgment in an action for the recovery of real estate, or the possession thereof, be dissolved, the damages assessed against the party obtaining the injunction, shall include the reasonable rents and profits of the lands recovered, and all waste committed after granting injunction.
[Code 1881 s 171; 1877 p 35 s 171; 1869 p 41 s 169; 1854 p 154 s 129; RRS s 737.]

catchline: Damages for rents and waste.


title: RCW 7.40.210

text:
Upon an order being made dissolving or modifying an order of injunction, the plaintiff may move the court to reinstate the order, and the court may, in its discretion, allow the motion, and appoint a time for hearing the same before the court, or a time and place for hearing before some judge thereof, and upon the hearing, the parties may produce such additional affidavits or depositions as the court shall direct, and the order of injunction shall be dissolved, modified, or reinstated, as the court or judge may deem right. Until the hearing of the motion to reinstate the order of injunction, the order to dissolve or modify it, shall be suspended.
[Code 1881 s 172; 1877 p 35 s 172; 1869 p 41 s 170; 1854 p 154 s 130; RRS s 738.]

catchline: Motion to reinstate.


title: RCW 7.40.230

text:
(1) Whenever it appears that any person is engaged in or about to engage in any act that constitutes or will constitute a violation of RCW 9.26A.110, 9.26A.115, or 9.26A.090, the prosecuting attorney, a telecommunications company, or any person harmed by an alleged violation of RCW 9.26A.110, 9.26A.115, or 9.26A.090 may initiate a civil proceeding in superior court to enjoin such violation, and may petition the court to issue an order for the discontinuance of the specific telephone service being used in violation of RCW 9.26A.110, 9.26A.115, or 9.26A.090.
(2) An action under this section shall be brought in the county in which the unlawful act or acts are alleged to have taken place, and shall be commenced by the filing of a verified complaint, or shall be accompanied by an affidavit.
(3) If it is shown to the satisfaction of the court, either by verified complaint or affidavit, that a person is engaged in or about to engage in any act that constitutes a violation of RCW 9.26A.110, 9.26A.115, or 9.26A.090, the court may issue a temporary restraining order to abate and prevent the continuance or recurrence of the act. The court may direct the sheriff to seize and retain until further order of the court any device that is being used in violation of RCW 9.26A.110, 9.26A.115, or 9.26A.090. All property seized pursuant to the order of the court shall remain in the custody of the court.
(4) The court may issue a permanent injunction to restrain, abate or prevent the continuance or recurrence of the violation of RCW 9.26A.110, 9.26A.115, or 9.26A.090. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction. The court may retain jurisdiction of the case for the purpose of enforcing its orders.
(5) If it is shown to the satisfaction of the court, either by verified complaint or affidavit, that a person is engaged in or is about to engage in any act that constitutes a violation of RCW 9.26A.110, 9.26A.115, or 9.26A.090, the court may issue an order which shall be promptly served upon the person in whose name the telecommunications device is listed, requiring the party, within a reasonable time, to be fixed by the court, from the time of service of the petition on the party, to show cause before the judge why telephone service should not promptly be discontinued. At the hearing the burden of proof shall be on the complainant.
(6) Upon a finding by the court that the telecommunications device is being used or has been used in violation of RCW 9.26A.110 or 9.26A.115, the court may issue an order requiring the telephone company which is rendering service over the device to disconnect such service. Upon receipt of such order, which shall be served upon an officer of the telephone company by the sheriff or deputy of the county in which the telecommunications device is installed, the telephone company shall proceed promptly to disconnect and remove such device and discontinue all telephone service until further order of the court, provided that the telephone company may do so without breach of the peace or trespass.
(7) The telecommunications company that petitions the court for the removal of any telecommunications device under this section shall be a necessary party to any proceeding or action arising out of or under RCW 9.26A.110 or 9.26A.115.
(8) No telephone company shall be liable for any damages, penalty, or forfeiture, whether civil or criminal, for any legal act performed in compliance with any order issued by the court.
(9) Property seized pursuant to the direction of the court that the court has determined to have been used in violation of RCW 9.26A.110 or 9.26A.115 shall be forfeited after notice and hearing. The court may remit or mitigate the forfeiture upon terms and conditions as the court deems reasonable if it finds that such forfeiture was incurred without gross negligence or without any intent of the petitioner to violate the law, or it finds the existence of such mitigating circumstances as to justify the remission or the mitigation of the forfeiture. In determining whether to remit or mitigate forfeiture, the court shall consider losses that may have been suffered by victims as the result of the use of the forfeited property.
[ 2003 c 53 s 5; 1990 c 11 s 4.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Injunctions—Fraud in obtaining telecommunications service.


title: RCW 7.42.010

text:
The superior courts shall have jurisdiction to enjoin the sale or distribution of obscene prints and articles as hereinafter specified.
[ 1959 c 105 s 1.]

catchline: Obscene prints and articles—Jurisdiction to enjoin.


title: RCW 7.42.020

text:
The prosecuting attorney of every county of the state, in which a person, firm, or corporation sells or distributes or offers to sell or distribute or has in his or her possession with intent to sell or distribute any book, magazine, pamphlet, comic book, story paper, writing, paper, newspaper, phonograph record, magnetic tape, electric or mechanical transcription, picture, drawing, photograph, figure, image, or any written or printed matter of an indecent character, which is obscene, lewd, lascivious, filthy, or indecent, or which contains an article or instrument of indecent use or purports to be for indecent use or purpose, may maintain an action in the name of the state for an injunction against such person, firm, or corporation in the superior court to prevent the sale or further sale or the distribution or further distribution or the acquisition or possession of any book, magazine, pamphlet, comic book, story paper, writing, paper, newspaper, phonograph record, magnetic tape, electric or mechanical transcription, picture, drawing, photograph, figure, or image or any written or printed matter of indecent character, herein described.
[ 2011 c 336 s 203; 1959 c 105 s 2.]

catchline: Injunction authorized.


title: RCW 7.42.030

text:
The person, firm, or corporation sought to be enjoined shall be entitled to a trial by jury of the issues within a reasonable time after joinder of issue and a judgment shall be entered by the court within two days of the conclusion of the trial. No injunction or restraining order shall be issued prior to the conclusion of the trial.
[ 1959 c 105 s 3.]

catchline: Trial by jury—Judgment.


title: RCW 7.42.040

text:
In the event that a final order or judgment of injunction be entered in favor of the state and against the person, firm, or corporation sought to be enjoined, such final order or judgment shall contain a provision directing the person, firm, or corporation to surrender to the sheriff of the county in which the action was brought any of the matter described in RCW 7.42.020, and each sheriff shall be directed to seize and destroy the same.
[ 1959 c 105 s 4.]

catchline: Matter to be surrendered to sheriff—Seizure, destruction.


title: RCW 7.42.050

text:
In any action brought as herein provided, the prosecuting attorney shall not be required to file any undertaking before the issuance of an injunction order provided for in RCW 7.42.040, shall not be liable for costs and shall not be liable for damages sustained by reason of the injunction order in cases where judgment is rendered in favor of the person, firm, or corporation sought to be enjoined.
[ 1959 c 105 s 5.]

catchline: Prosecuting attorney need not file undertaking prior to order—Nonliability.


title: RCW 7.42.060

text:
Every person, firm, or corporation who sells, distributes, or acquires possession with intent to sell or distribute any of the matter described in RCW 7.42.020, after the service upon him or her of a summons and complaint in an action brought by the prosecuting attorney pursuant to this chapter is chargeable with knowledge of the contents thereof.
[ 2011 c 336 s 204; 1959 c 105 s 6.]

catchline: Knowledge of contents chargeable after service.


title: RCW 7.42.070

text:
Nothing in this chapter shall apply to any recognized historical society or museum, the state law library, any county law library, the state library, the public library, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality, or other political subdivision.
[ 1959 c 105 s 7.]

catchline: Exemptions.


title: RCW 7.43.010

text:
(1) Every building or unit within a building used for the purpose of unlawfully manufacturing, delivering, selling, storing, or giving away any controlled substance as defined in chapter 69.50 RCW, legend drug as defined in chapter 69.41 RCW, or imitation controlled substances as defined in chapter 69.52 RCW, and every building or unit within a building wherein or upon which such acts take place, is a nuisance which shall be enjoined, abated, and prevented, whether it is a public or private nuisance.
(2) As used in this chapter, "building" includes, but is not limited to, any structure or any separate part or portion thereof, whether permanent or not, or the ground itself.
[ 1988 c 141 s 4.]


title: RCW 7.43.020

text:
The action provided for in RCW 7.43.010 shall be brought in the superior court in the county in which the property is located. Such action shall be commenced by the filing of a complaint alleging the facts constituting the nuisance.
Any complaint filed under this chapter shall be verified or accompanied by affidavit. For purposes of showing that the owner or his or her agent has had an opportunity to abate the nuisance, the affidavit shall contain a description of all attempts by the applicant to notify and locate the owner of the property or the owner's agent.
In addition, the affidavit shall describe in detail the adverse impact associated with the property on the surrounding neighborhood. "Adverse impact" includes, but is not limited to, the following: Any search warrants served on the property where controlled substances were seized; investigative purchases of controlled substances on or near the property by law enforcement or their agents; arrests of persons who frequent the property for violation of controlled substances laws; increased volume of traffic associated with the property; and the number of complaints made to law enforcement of illegal activity associated with the property.
After filing the complaint, the court shall grant a hearing within three business days after the filing.
[ 1988 c 141 s 5.]

catchline: Complaint—Affidavit.


title: RCW 7.43.030

text:
Upon application for a temporary restraining order or preliminary injunction, the court may, upon a showing of good cause, issue an ex parte restraining order or preliminary injunction, preventing the defendant and all other persons from removing or in any manner interfering with the personal property and contents of the place where the nuisance is alleged to exist and may grant such preliminary equitable relief as is necessary to prevent the continuance or recurrence of the nuisance pending final resolution of the matter on the merits. However, pending the decision, the stock in trade may not be so restrained, but an inventory and full accounting of all business transactions may be required.
The restraining order or preliminary injunction may be served by handing to and leaving a copy with any person in charge of the place or residing in the place, or by posting a copy in a conspicuous place at or upon one or more of the principal doors or entrances to the place, or by both delivery and posting. The officer serving the order or injunction shall forthwith make and return into court an inventory of the personal property and contents situated in and used in conducting or maintaining the nuisance.
Any violation of the order or injunction is a contempt of court, and where such order or injunction is posted, mutilation or removal thereof while the same remains in force is a contempt of court if such posted order or injunction contains a notice to that effect.
[ 1988 c 141 s 6.]

catchline: Temporary restraining order or preliminary injunction.


title: RCW 7.43.040

text:
A temporary restraining order or preliminary injunction shall not issue under this chapter except upon the giving of a bond or security by the applicant, in the sum that the court deems proper, but not less than one thousand dollars, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully restrained or enjoined. A bond or security shall not be required of the state of Washington, municipal corporations, or political subdivisions of the state of Washington.
[ 1988 c 141 s 7.]

catchline: Temporary restraining order or preliminary injunction—Bond required.


title: RCW 7.43.050

text:
An action under this chapter shall have precedence over all other actions, except prior matters of the same character, criminal proceedings, election contests, hearings on temporary restraining orders and injunctions, and actions to forfeit vehicles used in violation of the uniform controlled substances act.
[ 1988 c 141 s 8.]

catchline: Priority of actions.


title: RCW 7.43.060

text:
(1) If the complaint under this chapter is filed by a citizen, the complaint shall not be dismissed by the citizen for want of prosecution except upon a sworn statement made by the citizen and the citizen's attorney, if the citizen has one. The statement shall set forth the reasons why the action should be dismissed. The case shall only be dismissed if so ordered by the court.
(2) In case of failure to prosecute the action with reasonable diligence, or at the request of the plaintiff, the court, in its discretion, may substitute any other citizen consenting to be substituted for the plaintiff.
[ 1988 c 141 s 9.]

catchline: Dismissal of citizen complaint—Limitations.


title: RCW 7.43.070

text:
A copy of the complaint, together with a notice of the time and place of the hearing of the action shall be served upon the defendant at least one business day before the hearing. Service may also be made by posting the papers in the same manner as is provided for in RCW 7.43.030. If the hearing is then continued at the request of any defendant, all temporary orders and injunctions shall be extended as a matter of course.
[ 1988 c 141 s 10.]

catchline: Service of complaint.


title: RCW 7.43.080

text:
(1) Except as provided in subsection (2) of this section, if the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the final judgment in the case. Plaintiff's costs in the action, including those of abatement, are a lien upon the building or unit within a building. The lien is enforceable and collectible by execution issued by order of the court.
(2) If the court finds and concludes that the owner of the building or unit within a building: (a) Had no knowledge of the existence of the nuisance or has been making reasonable efforts to abate the nuisance, (b) has not been guilty of any contempt of court in the proceedings, and (c) will immediately abate any such nuisance that may exist at the building or unit within a building and prevent it from being a nuisance within a period of one year thereafter, the court shall, if satisfied of the owner's good faith, order the building or unit within a building to be delivered to the owner, and no order of abatement shall be entered. If an order of abatement has been entered and the owner subsequently meets the requirements of this subsection, the order of abatement shall be canceled.
[ 1988 c 141 s 11.]

catchline: Order of abatement.


title: RCW 7.43.090

text:
Any final order of abatement issued under this chapter shall:
(1) Direct the removal of all personal property subject to seizure and forfeiture pursuant to RCW 69.50.505 from the building or unit within a building, and direct their disposition pursuant to the forfeiture provisions of RCW 69.50.505;
(2) Provide for the immediate closure of the building or unit within a building against its use for any purpose, and for keeping it closed for a period of one year unless released sooner as provided in this chapter; and
(3) State that while the order of abatement remains in effect the building or unit within a building shall remain in the custody of the court.
[ 1988 c 141 s 12.]

catchline: Final order of abatement.


title: RCW 7.43.100

text:
In all actions brought under this chapter, the proceeds and all moneys forfeited pursuant to the forfeiture provisions of RCW 69.50.505 shall be applied as follows:
(1) First, to the fees and costs of the removal and sale;
(2) Second, to the allowances and costs of closing and keeping closed the building or unit within a building;
(3) Third, to the payment of the plaintiff's costs in the action; and
(4) Fourth, the balance, if any, to the owner of the property.
If the proceeds of the sale of items subject to seizure and forfeiture do not fully discharge all of the costs, fees, and allowances, the building or unit within a building shall then also be sold under execution issued upon the order of the court, and the proceeds of the sale shall be applied in a like manner.
A building or unit within a building shall not be sold under this section unless the court finds and concludes by clear and convincing evidence that the owner of the building or unit within a building had actual or constructive knowledge or notice of the existence of the nuisance. However, this shall not be construed as limiting or prohibiting the entry of any final order of abatement as provided in this chapter.
[ 1988 c 141 s 13.]

catchline: Sale of items subject to forfeiture—Use of proceeds.


title: RCW 7.43.110

text:
An intentional violation of a restraining order, preliminary injunction, or order of abatement under this chapter is a contempt of court as provided in chapter 7.21 RCW.
[ 1989 c 373 s 9; 1988 c 141 s 14.]

catchline: Violation of injunction—Contempt of court.


title: RCW 7.43.120

text:
Whenever the owner of a building or unit within a building upon which the act or acts constituting the contempt have been committed, or the owner of any interest in the building or unit has been found in contempt of court, and fined in any proceedings under this chapter, the fine is a lien upon the building or unit within a building to the extent of the owner's interest. The lien is enforceable and collectible by execution issued by order of the court.
[ 1989 c 373 s 10; 1988 c 141 s 15.]

catchline: Fine constitutes lien.


title: RCW 7.43.130

text:
The abatement of a nuisance under this chapter does not prejudice the right of any person to recover damages for its past existence.
[ 1988 c 141 s 16.]

catchline: Recovery of damages not precluded.


title: RCW 7.44.010

text:
Actions may be commenced upon any agreement in writing before the time for the performance of the contract expires, when the plaintiff or his or her agent shall make and file an affidavit with the clerk of the proper court, that the defendant is about to leave the state without performing or making provisions for the performance of the contract, taking with him or her property, moneys, credits, or effects subject to execution, with intent to defraud plaintiff.
[ 2011 c 336 s 205; Code 1881 s 636; 1877 p 133 s 639; 1869 p 149 s 576; 1854 p 209 s 418; RRS s 778.]

catchline: Affidavit for writ.


title: RCW 7.44.020

text:
At the time of filing the affidavit the plaintiff shall also file his or her complaint in the action, and thenceforth the action shall proceed as other actions at law, except as otherwise provided in this chapter.
[ 2011 c 336 s 206; 1891 c 42 (p 81) s 1; Code 1881 s 637; 1877 p 133 s 640; 1869 p 149 s 577; 1854 p 209 s 419; RRS s 779, part: FORMER PARTS OF SECTION: 1891 c 42 s 2 now codified as RCW 7.44.021.]

catchline: Complaint.


title: RCW 7.44.021

text:
Upon such affidavit and complaint being filed, the clerk shall issue an order of arrest and bail, directed to the sheriff, which shall be issued, served, and returned in all respects as such orders in other cases; before such order shall issue the plaintiff shall file in the office of the clerk a bond, with sufficient surety, to be approved by the clerk, conditioned that the plaintiff will pay the defendant such damages and costs as he or she shall wrongfully sustain by reason of the action, which surety shall justify as provided by law.
[ 2011 c 336 s 207; 1957 c 51 s 10; 1891 c 42 s 2. Formerly RCW 7.44.020, part.]
Notes:
Corporate surety—Insurance: Chapter 48.28 RCW.

catchline: Arrest and bail—Bond.


title: RCW 7.44.030

text:
The sheriff shall require the defendant to enter into a bond, with sufficient surety, personally to appear within the time allowed by law for answering the complaint, and to abide the order of the court; and in default thereof the defendant shall be committed to prison until discharged in due course of law; such special bail shall be liable for the principal, and shall have a right to arrest and deliver him or her up, as in other cases, and the defendant may give other bail.
[ 2011 c 336 s 208; 1891 c 42 s 3; Code 1881 s 638; 1877 p 133 s 641; 1869 p 149 s 578; 1854 p 209 s 420; RRS s 780, part. FORMER PARTS OF SECTION: Code 1881 s 639; 1877 p 133 s 642; 1869 p 150 s 579; 1854 p 209 s 421 now codified as RCW 7.44.031.]

catchline: Recognizance of defendant.


title: RCW 7.44.031

text:
Instead of giving special bail, as above provided, the defendant shall be entitled to his or her discharge from custody if he or she will secure the performance of the contract to the satisfaction of the plaintiff.
[ 2011 c 336 s 209; Code 1881 s 639; 1877 p 133 s 642; 1869 p 150 s 579; 1854 p 209 s 421; RRS s 780, part. Formerly RCW 7.44.030, part.]

catchline: Recognizance of defendant—Discharge by securing performance.


title: RCW 7.44.040

text:
This proceeding may be had in favor of any surety or other person jointly bound with the defendant. It may also be prosecuted by the person in whose favor the contract exists, against any one or more of the persons bound thereby, upon filing such affidavit, when the co-contractors are nonresidents or probably insolvent, or at the request of any of them when they are residents and solvent.
[Code 1881 s 640; 1877 p 133 s 643; 1869 p 150 s 580; 1854 p 210 s 422; RRS s 781.]

catchline: Subrogation of surety—Rights of contractor.


title: RCW 7.44.050

text:
The defendant may have the same remedy by writ of habeas corpus as in other cases of arrest and bail.
[Code 1881 s 641; 1877 p 134 s 644; 1869 p 150 s 581; 1854 p 210 s 423; RRS s 782.]

catchline: Habeas corpus available to defendant.


title: RCW 7.44.060

text:
The proceedings provided for in this chapter may be had before district judges in all cases within their jurisdiction.
[ 1987 c 202 s 135; 1891 c 42 s 4; Code 1881 s 642; 1877 p 134 s 644; 1869 p 150 s 582; 1854 p 210 s 424; RRS s 783.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: District judges have jurisdiction.


title: RCW 7.44.070

text:
The affidavit and bond may be filed, and proceedings had in any county where the defendants may be found.
[Code 1881 s 643; 1877 p 134 s 646; 1869 p 150 s 583; 1854 p 210 s 425; RRS s 784.]

catchline: Venue.


title: RCW 7.48.010

text:
The obstruction of any highway or the closing of the channel of any stream used for boating or rafting logs, lumber or timber, or whatever is injurious to health or indecent or offensive to the senses, or an obstruction to the free use of property, so as to essentially interfere with the comfortable enjoyment of the life and property, is a nuisance and the subject of an action for damages and other and further relief.
[Code 1881 s 605; 1877 p 126 s 610; 1869 p 144 s 599; 1854 p 207 s 405; RRS s 943.]
Notes:
Crimes
malicious mischief: Chapter 9.61 RCW.
public nuisance: RCW 9.66.010.

catchline: Actionable nuisance defined.


title: RCW 7.48.020

text:
Such action may be brought by any person whose property is, or whose patrons or employees are, injuriously affected or whose personal enjoyment is lessened by the nuisance. If judgment be given for the plaintiff in such action, he or she may, in addition to the execution to enforce the same, on motion, have an order allowing a warrant to issue to the sheriff to abate and to deter or prevent the resumption of such nuisance. Such motion shall be allowed, of course, unless it appear on the hearing that the nuisance has ceased, or that such remedy is inadequate to abate or prevent the continuance of the nuisance, in which latter case the plaintiff may have the defendant enjoined.
[ 1994 c 45 s 5; 1891 c 50 s 1; Code 1881 s 606; 1877 p 126 s 611; 1869 p 144 s 560; 1854 p 207 s 406; RRS s 944.]
Notes:
Findings—Declaration—Severability—1994 c 45: See notes following RCW 7.48.140.

catchline: Who may sue—Judgment for damages—Warrant for abatement—Injunction.


title: RCW 7.48.030

text:
If the order be made, the clerk shall thereafter, at any time within six months, when requested by the plaintiff, issue such warrant directed to the sheriff, requiring him or her forthwith to abate the nuisance at the expense of the defendant, and return the warrant as soon thereafter as may be, with his or her proceedings indorsed thereon. The expenses of abating the nuisance may be levied by the sheriff on the property of the defendant, and in this respect the warrant is to be deemed an execution against property.
[ 2011 c 336 s 210; Code 1881 s 607; 1877 p 126 s 612; 1869 p 145 s 561; 1854 p 207 s 407; RRS s 945.]

catchline: Issuance and execution of warrant.


title: RCW 7.48.040

text:
At any time before the order is made or the warrant issues, the defendant may, on motion to the court or judge thereof, have an order to stay the issue of such warrant for such period as may be necessary, not exceeding six months, to allow the defendant to abate the nuisance himself or herself, upon his or her giving bond to the plaintiff in a sufficient amount with one or more sureties, to the satisfaction of the court or judge thereof, that he or she will abate it within the time and in the manner specified in such order. The sureties shall justify as provided by law. If the defendant fails to abate such nuisance within the time specified, the warrant for the abatement of the nuisance may issue as if the same had not been stayed.
[ 2011 c 336 s 211; 1957 c 51 s 11; Code 1881 s 608; 1877 p 127 s 613; 1869 p 145 s 562; RRS s 946.]
Notes:
Corporate surety—Insurance: Chapter 48.28 RCW.

catchline: Stay of issuance of warrant.


title: RCW 7.48.110

text:
If the owner of the building in which a nuisance is found to be maintained, appears and pays all costs of the proceeding, and files a bond with sureties to be approved by the clerk in the full value of the property to be ascertained by the court, conditioned that he or she will immediately abate said nuisance and prevent the same from being established or kept therein within a period of one year thereafter, the court or judge may, if satisfied of his or her good faith, order the premises, closed under the order of abatement, to be delivered to said owner, and said order closing the building canceled. The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law.
[ 2011 c 336 s 217; 1927 c 94 s 3; 1913 c 127 s 7; RRS s 946-7.]

catchline: Houses of lewdness, assignation or prostitution may be abated—Voluntary abatement.


title: RCW 7.48.120

text:
Nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property.
[Code 1881 s 1235; 1875 p 79 s 1; RRS s 9914.]
Notes:
Crimes
malicious mischief: Chapter 9.61 RCW.
nuisances: Chapter 9.66 RCW.

catchline: Nuisance defined.


title: RCW 7.48.130

text:
A public nuisance is one which affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal.
[Code 1881 s 1236; 1875 p 79 s 2; RRS s 9912.]
Notes:
Crimes, nuisances: Chapter 9.66 RCW.

catchline: Public nuisance defined.


title: RCW 7.48.140

text:
It is a public nuisance:
(1) To cause or suffer the carcass of any animal or any offal, filth, or noisome substance to be collected, deposited, or to remain in any place to the prejudice of others;
(2) To throw or deposit any offal or other offensive matter, or the carcass of any dead animal, in any watercourse, stream, lake, pond, spring, well, or common sewer, street, or public highway, or in any manner to corrupt or render unwholesome or impure the water of any such spring, stream, pond, lake, or well, to the injury or prejudice of others;
(3) To obstruct or impede, without legal authority, the passage of any river, harbor, or collection of water;
(4) To obstruct or encroach upon public highway, private ways, streets, alleys, commons, landing places, and ways to burying places or to unlawfully obstruct or impede the flow of municipal transit vehicles as defined in RCW 46.04.355 or passenger traffic, access to municipal transit vehicles or stations as defined in *RCW 9.91.025(2)(a), or otherwise interfere with the provision or use of public transportation services, or obstruct or impede a municipal transit driver, operator, or supervisor in the performance of that individual's duties;
(5) To carry on the business of manufacturing gun powder, nitroglycerine, or other highly explosive substance, or mixing or grinding the materials therefor, in any building within fifty rods of any valuable building erected at the time such business may be commenced;
(6) To establish powder magazines near incorporated cities or towns, at a point different from that appointed by the corporate authorities of such city or town; or within fifty rods of any occupied dwelling house;
(7) To erect, continue, or use any building, or other place, for the exercise of any trade, employment, or manufacture, which, by occasioning obnoxious exhalations, offensive smells, or otherwise is offensive or dangerous to the health of individuals or of the public;
(8) To suffer or maintain on one's own premises, or upon the premises of another, or to permit to be maintained on one's own premises, any place where wines, spirituous, fermented, malt, or other intoxicating liquors are kept for sale or disposal to the public in contravention of law;
(9) For an owner or occupier of land, knowing of the existence of a well, septic tank, cesspool, or other hole or excavation ten inches or more in width at the top and four feet or more in depth, to fail to cover, fence or fill the same, or provide other proper and adequate safeguards: PROVIDED, That this section shall not apply to a hole one hundred square feet or more in area or one that is open, apparent, and obvious.
Every person who has the care, government, management, or control of any building, structure, powder magazine, or any other place mentioned in this section shall, for the purposes of this section, be taken and deemed to be the owner or agent of the owner or owners of such building, structure, powder magazine or other place, and, as such, may be proceeded against for erecting, contriving, causing, continuing, or maintaining such nuisance.
[ 1994 c 45 s 2; 1955 c 237 s 1; 1895 c 14 s 1; Code 1881 s 1246; RRS s 9913.]
Notes:
*Reviser's note: The reference to RCW 9.91.025(2)(a) appears to be erroneous. Reference to RCW 9.91.025(2) was apparently intended.
Findings—Declaration—1994 c 45: "The legislature finds that it is important to the general welfare to protect and preserve public safety in the operation of public transportation facilities and vehicles, in order to protect the personal safety of both passengers and employees. The legislature further finds that public transportation facilities and services will be utilized more fully by the general public if they are assured of personal safety and security in the utilization.
The legislature recognizes that cities, towns, counties, public transportation benefit areas, and other municipalities that offer public transportation services have the independent authority to adopt regulations, rules, and guidelines that regulate conduct in public transportation vehicles and facilities to protect and preserve the public safety in the operation of the vehicles and facilities. The legislature finds that this act is not intended to limit the independent authority to regulate conduct by these municipalities. The legislature, however, further finds that this act is necessary to provide statewide guidelines that regulate conduct in public transportation vehicles and facilities to further enhance the independent regulatory authority of cities, towns, counties, public transportation benefit areas, and any other municipalities that offer public transportation services." [ 1994 c 45 s 1.]
Severability—1994 c 45: "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." [ 1994 c 45 s 6.]
Crimes
malicious mischief: Chapter 9.61 RCW.
nuisance: Chapter 9.66 RCW.
Devices simulating traffic control signs declared public nuisance: RCW 47.36.180.

catchline: Public nuisances enumerated.


title: RCW 7.48.150

text:
Every nuisance not included in the definition of RCW 7.48.130 is private.
[Code 1881 s 1237; 1875 p 79 s 3; RRS s 9915.]

catchline: Private nuisance defined.