title: RCW 4.24.680

text:
(1) A person shall not knowingly make available on the world wide web the personal information of a peace officer, corrections person, justice, judge, commissioner, public defender, or prosecutor if the dissemination of the personal information poses an imminent and serious threat to the peace officer's, corrections person's, justice's, judge's, commissioner's, public defender's, or prosecutor's safety or the safety of that person's immediate family and the threat is reasonably apparent to the person making the information available on the world wide web to be serious and imminent.
(2) It is not a violation of this section if an employee of a county auditor or county assessor publishes personal information, in good faith, on the website of the county auditor or county assessor in the ordinary course of carrying out public functions.
(3) For the purposes of this section:
(a) "Commissioner" means a commissioner of the superior court, court of appeals, or supreme court.
(b) "Corrections person" means any employee or volunteer who by state, county, municipal, or combination thereof, statute has the responsibility for the confinement, care, management, training, treatment, education, supervision, or counseling of those whose civil rights have been limited in some way by legal sanction.
(c) "Immediate family" means a peace officer's, corrections person's, justice's, judge's, commissioner's, public defender's, or prosecutor's spouse, child, or parent and any other adult who lives in the same residence as the person.
(d) "Judge" means a judge of the United States district court, the United States court of appeals, the United States magistrate, the United States bankruptcy court, and the Washington court of appeals, superior court, district court, or municipal court.
(e) "Justice" means a justice of the United States supreme court or Washington supreme court.
(f) "Personal information" means a peace officer's, corrections person's, justice's, judge's, commissioner's, public defender's, or prosecutor's home address, home telephone number, pager number, social security number, home email address, directions to the person's home, or photographs of the person's home or vehicle.
(g) "Prosecutor" means a county prosecuting attorney, a city attorney, the attorney general, or a United States attorney and their assistants or deputies.
(h) "Public defender" means a federal public defender, or other public defender, and his or her assistants or deputies.
[ 2006 c 355 s 2; 2002 c 336 s 1.]
Notes:
Finding—2006 c 355: "The legislature finds that the dissemination of personally identifying information as proscribed in RCW 4.24.680 is not in the public interest." [ 2006 c 355 s 1.]
Severability—2006 c 355: "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." [ 2006 c 355 s 4.]

catchline: Unlawful release of court and law enforcement employee information—Exception.


doc_type: statute

jurisdiction: wa

title: RCW 4.24.690

text:
(1) Whenever it appears that any person or organization is engaged in or about to engage in any act that constitutes or will constitute a violation of RCW 4.24.680, the prosecuting attorney or any person harmed by an alleged violation of RCW 4.24.680 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 dissemination of information in violation of RCW 4.24.680.
(2) An action under this section shall be brought in the county in which the violation is 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 or organization is engaged in or about to engage in any act that constitutes a violation of RCW 4.24.680, the court may issue a temporary restraining order to abate and prevent the continuance or recurrence of the act.
(4) The court may issue a permanent injunction to restrain, abate, or prevent the continuance or recurrence of the violation of RCW 4.24.680. 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.
[ 2002 c 336 s 2.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Unlawful release of court and law enforcement employee information—Court action to prevent.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 4.24.700

text:
Any person whose personal information is made available on the world wide web as described in RCW 4.24.680(1) who suffers damages as a result of such conduct may bring an action against the person or organization who makes such information available, for actual damages sustained plus damages in an amount not to exceed one thousand dollars for each day the personal information was made available on the world wide web, and reasonable attorneys' fees and costs.
[ 2006 c 355 s 3; 2002 c 336 s 3.]
Notes:
Finding—Severability—2006 c 355: See notes following RCW 4.24.680.

catchline: Unlawful release of court and law enforcement employee information—Damages, fees, and costs.


title: RCW 4.24.710

text:
(1) In a civil action brought against the detainer by reason of a person having been detained on or in the immediate vicinity of the premises of an outdoor music festival or related campground for the purpose of investigation or questioning as to the lawfulness of the consumption or possession of alcohol or illegal drugs, it is a defense that the detained person was detained in a reasonable manner and for not more than a reasonable time to permit the investigation or questioning by a law enforcement officer, and that a peace officer, owner, operator, employee, or agent of the outdoor music festival had reasonable grounds to believe that the person so detained was unlawfully consuming or attempting to unlawfully consume or possess, alcohol or illegal drugs on the premises.
(2) For the purposes of this section:
(a) "Illegal drug" means a controlled substance under chapter 69.50 RCW for which the person detained does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings, or a legend drug under chapter 69.41 RCW for which the person does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.
(b) "Outdoor music festival" has the same meaning as in RCW 70.108.020, except that no minimum time limit is required.
(c) "Reasonable grounds" include, but are not limited to:
(i) Exhibiting the effects of having consumed liquor, which means that a person has the odor of liquor on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, and either:
(A) Is in possession of or in close proximity to a container that has or recently had liquor in it; or
(B) Is shown by other evidence to have recently consumed liquor; or
(ii) Exhibiting the effects of having consumed an illegal drug, which means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed an illegal drug, and either:
(A) Is in possession of an illegal drug; or
(B) Is shown by other evidence to have recently consumed an illegal drug.
(d) "Reasonable time" means the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to allow a law enforcement officer to determine the lawfulness of the consumption or possession of alcohol or illegal drugs. "Reasonable time" may not exceed one hour.
[ 2003 c 219 s 2.]

catchline: Outdoor music festival, campground—Detention.


title: RCW 4.24.720

text:
No cause of action shall be maintained for civil damages in any court of this state against any radio or television broadcasting station or cable television system, or the employees, officers, directors, managers, or agents of the radio or television broadcasting station or cable television system, based on the broadcast of information including, but not limited to, the name or description of an abducted child, the name or description of a suspected abductor, and the circumstances of an abduction supplied by law enforcement officials pursuant to the voluntary broadcast notification system commonly known as the "Amber alert," or as the same system may otherwise be known in this state, which is used to notify the public of missing or abducted children. Nothing in this section shall be construed to limit or restrict in any way any immunity or privilege a radio or television broadcasting station or cable television system may have under statute or common law for broadcasting or otherwise disseminating information.
[ 2005 c 128 s 1.]

catchline: Liability immunity—Amber alerts.


title: RCW 4.24.730

text:
(1) An employer who discloses information about a former or current employee to a prospective employer, or employment agency as defined by RCW 49.60.040, at the specific request of that individual employer or employment agency, is presumed to be acting in good faith and is immune from civil and criminal liability for such disclosure or its consequences if the disclosed information relates to: (a) The employee's ability to perform his or her job; (b) the diligence, skill, or reliability with which the employee carried out the duties of his or her job; or (c) any illegal or wrongful act committed by the employee when related to the duties of his or her job.
(2) The employer should retain a written record of the identity of the person or entity to which information is disclosed under this section for a minimum of two years from the date of disclosure. The employee or former employee has a right to inspect any such written record upon request and any such written record shall become part of the employee's personnel file, subject to the provisions of chapter 49.12 RCW.
(3) For the purposes of this section, the presumption of good faith may only be rebutted upon a showing by clear and convincing evidence that the information disclosed by the employer was knowingly false, deliberately misleading, or made with reckless disregard for the truth.
[ 2005 c 103 s 1.]

catchline: Liability immunity—Disclosure of employee information to prospective employer.


title: RCW 4.24.740

text:
(1) Except as provided in subsection (2) of this section, an owner, operator, or manager of a bovine handling facility, and the owner of bovine handled at or processed through a bovine handling facility, are not liable for an injury to or the death of a person who knowingly and voluntarily participates in bovine handling activities at a bovine handling facility or knowingly and voluntarily enters onto the premises of a bovine handling facility as a spectator of bovine handling activities.
(2) Nothing in subsection (1) of this section prevents or limits the liability of an owner, operator, or manager of a bovine handling facility, or an owner of bovine handled at or processed through a bovine handling facility, if the owner, operator, or manager of the bovine handling facility, or the bovine owner:
(a) Intentionally injures the participant or spectator or commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or spectator and that act or omission caused the injury;
(b) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant or spectator sustained injuries because of a dangerous latent condition which was known to or should have been known to the owner, operator, or manager of the bovine handling facility, or the bovine owner, and for which warning signs have not been conspicuously posted; or
(c) Is liable under chapter 16.04 or 16.24 RCW.
(3) As used in this section:
(a) "Bovine" means beef cattle, dairy cattle, and bison.
(b) "Bovine handling facility" means a cooperative not-for-profit outdoor facility, such as a corral, that is used for the normal and customary handling and husbandry of bovines, whether on a daily or periodic basis, and does not include commercial slaughter facilities.
(c) "Bovine handling activities" means normal and customary activities associated with the handling and husbandry of bovines.
[ 2006 c 158 s 1.]

catchline: Liability immunity—Bovine handling activities.


title: RCW 4.24.750

text:
The legislature finds that the provision of preconviction and postconviction misdemeanor probation and supervision services, and the monitoring of persons charged with or convicted of misdemeanors to ensure their compliance with preconviction or postconviction orders of the court, are essential to improving the safety of the public in general. Furthermore, the legislature finds that decisions concerning whether criminal offenders are released into the community pretrial or postconviction, including the revocation of probation, rest with the judiciary.
[ 2007 c 174 s 1.]

catchline: Monitoring of persons charged with or convicted of misdemeanors—Decisions concerning release of criminal offenders—Findings.


title: RCW 4.24.760

text:
(1) A limited jurisdiction court that provides misdemeanant supervision services is not liable for civil damages based on the inadequate supervision or monitoring of a misdemeanor defendant or probationer unless the inadequate supervision or monitoring constitutes gross negligence.
(2) For the purposes of this section:
(a) "Limited jurisdiction court" means a district court or a municipal court, and anyone acting or operating at the direction of such court, including but not limited to its officers, employees, agents, contractors, volunteers, and others acting pursuant to an interlocal agreement.
(b) "Misdemeanant supervision services" means preconviction or postconviction misdemeanor probation or supervision services, or the monitoring of a misdemeanor defendant's compliance with a preconviction or postconviction order of the court, including but not limited to community corrections programs, probation supervision, pretrial supervision, or pretrial release services, including such services conducted pursuant to an interlocal agreement.
(3) This section does not create any duty and shall not be construed to create a duty where none exists. Nothing in this section shall be construed to affect judicial immunity.
[ 2021 c 41 s 1; 2007 c 174 s 2.]

catchline: Limited jurisdiction courts—Limitation on liability for inadequate supervision or monitoring—Definitions.


title: RCW 4.24.770

text:
(1) A private employer is not liable for any injury received by a third-party occupant of a vehicle that is owned, leased, or rented by the employer if, at the time the injuries were inflicted, the third-party occupant was riding in or on the vehicle with an employee who had explicitly acknowledged in writing the employer's policy on use of vehicles owned, leased, or rented by the employer and the third-party occupant was not:
(a) Specifically and expressly authorized by the employer to be an occupant of the vehicle; or
(b) Acting on behalf of, or for the benefit of, the employer with the knowledge or implied approval or acquiescence of the employer.
(2) For purposes of this section, "third-party occupant" means a person who occupies a vehicle owned, leased, or rented by the private employer and who is not an officer, employee, or agent, or authorized or constructive invitee of the private employer.
[ 2011 c 82 s 3.]
Notes:
Intent—Application—2011 c 82: See notes following RCW 4.92.180.
Definitions: RCW 52.12.160.

catchline: Private employer not liable for injury to unauthorized third-party occupant of private employer's vehicle.


title: RCW 4.24.780

text:
Any fire service protection agency, as well as the firefighters therein, whether volunteer or paid, which takes part in firefighting efforts outside its jurisdiction or provides emergency care, rescue, assistance, or recovery services at the scene of an emergency, is not liable for civil damages resulting from any act or omission in the rendering of such services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
[ 2011 c 200 s 2.]

catchline: Liability of fire service protection agency in providing firefighting efforts outside of jurisdiction or emergency services.


title: RCW 4.24.785

text:
(1) Any fire protection service agency, as defined in RCW 52.12.160, as well as the firefighters therein, whether volunteer or paid, that delivers to, or installs at, residential premises a device or batteries for such a device is not liable for civil damages resulting from any act or omission in the delivery or installation of a device or batteries for such a device, provided:
(a) Such installation was done in conformance with the manufacturer's instructions;
(b) Such installation or delivery was in the fire protection service agency's official capacity; and
(c) The act or omission did not constitute gross negligence or willful or wanton misconduct.
(2) Any device delivered or installed pursuant to subsection (1) of this section must be new and meet all applicable current safety and manufacturing standards.
(3) Smoke alarm installation program records considered a public record by chapter 40.14 RCW shall be retained in accordance with the schedule provided within that law.
(4) Nothing in this section shall be construed to limit or otherwise affect the obligations and duties of the owner or occupier of the residential premises receiving such delivery or installation services.
(5) For purposes of this section, "device" includes any battery-operated or plug-in smoke detector, carbon monoxide detector, or combination smoke and carbon monoxide detector.
[ 2020 c 149 s 1.]

catchline: Delivery or installation of detection device by fire protection service agency—Liability for civil damages.


title: RCW 4.24.790

text:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Actual person" means a living individual.
(b) "Blog" means a website that is created primarily for the writer to maintain an online personal journal with reflections, comments, or hyperlinks provided by the writer.
(c) "Impersonates" or "impersonation" means using an actual person's name or likeness to create an impersonation that another person would reasonably believe or did reasonably believe was or is the actual person being impersonated.
(d) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.
(e) "Online bulletin board" means a website that is designed specifically for internet users to post and respond to online classified advertisements that are viewable by other internet users.
(f) "Social networking website" means a website that allows a user to create an account or profile for the user for the purposes of, among other things, connecting the user's account or profile to other users' accounts or profiles. A blog is not a social networking website.
(2) A person may be liable in a civil action based on a claim of invasion of privacy when:
(a) The person impersonates another actual person on a social networking website or online bulletin board;
(b) The impersonation was intentional and without the actual person's consent;
(c) The person intended to deceive or mislead for the purpose of harassing, threatening, intimidating, humiliating, or defrauding another; and
(d) The impersonation proximately caused injury to the actual person. Injury may include injury to reputation or humiliation, injury to professional or financial standing, or physical harm.
(3)(a) The actual person who suffered injury by an impersonation in violation of this section may bring an action to recover actual damages, injunctive relief, and declaratory relief. The court may award actual damages, injunctive relief, and declaratory relief as necessary.
(b) The court may award the prevailing party costs and reasonable attorneys' fees.
(4) This section does not apply when the impersonation was:
(a) For a use set forth in RCW 63.60.070, including for matters of cultural, historical, political, religious, educational, newsworthy, or public interest including, but not limited to, use in works of art, commentary, satire, and parody;
(b) For a use that would violate chapter 63.60 RCW;
(c) Insignificant, de minimis, or incidental use; or
(d) Performed by a law enforcement agency as part of a lawful criminal investigation.
(5) A court of this state may exercise jurisdiction in a suit brought by a Washington resident or against a defendant who is a Washington resident. Jurisdiction over any person who is not a Washington resident may be exercised in a manner consistent with the laws and Constitution of the state of Washington, including RCW 4.28.185, and the Constitution of the United States.
(6)(a) This section may not be construed to impose any liability on a social networking website, online bulletin board, internet service provider, interactive computer service, computer hardware or software provider, or website operator or administrator or its employees, unless the provider, operator, administrator, or employee is the person impersonating an actual person. Nothing in this section is intended to preclude other common law causes of action against these entities.
(b) This section may not be construed to limit any other civil cause of action available to a person under statute or common law or any criminal prosecution.
(7) For the purposes of this section, parental liability is limited pursuant to RCW 4.24.190.
[ 2012 c 9 s 2.]
Notes:
Finding—Intent—2012 c 9: "The legislature finds that although social networking websites and online bulletin boards provide valuable opportunities for networking, there are also opportunities for conduct that can cause harm to other persons. There are civil and criminal remedies for certain types of fraud, impersonation, and appropriation of a person's personality for commercial purposes. However, how these traditional legal remedies extend to wrongful impersonation over the internet to mislead, deceive, harass, threaten, or intimidate is relatively new and unclear. Courts have recognized the tort of invasion of privacy, and one of the four categories of an invasion of privacy claim is the misappropriation of another person's name or likeness. It is the intent of the legislature to specify that the tort of invasion of privacy may include the misappropriation of a person's name or likeness through social networking websites and online bulletin boards with the intent to mislead, deceive, harass, threaten, or intimidate." [ 2012 c 9 s 1.]

catchline: Electronic impersonation—Action for invasion of privacy.


title: RCW 4.24.792

text:
(1) No person may publish an individual's personal identifying information when:
(a) The publication is made without the express consent of the individual whose information is published;
(b) The publication is made with: (i) Intent or knowledge that the personal identifying information will be used to harm the individual whose information is published; or (ii) reckless disregard for the risk the personal identifying information will be used to harm the individual whose information is published; and
(c) The publication causes the individual whose information is published to suffer: (i) Physical injury; (ii) significant economic injury; (iii) mental anguish; (iv) fear of serious bodily injury or death for themself or a close relation to themself; or (v) a substantial life disruption.
(2) A person does not violate this section by:
(a) Providing personal identifying information with the reporting of criminal activity, which the person making the report reasonably believes occurred, to an employee of a law enforcement agency, intelligence agency, or other government agency in the United States; or in connection with any existing investigative, protective, or intelligence activity of any law enforcement agency, intelligence agency, or other government agency in the United States. This subsection (2)(a) only applies if the person providing the personal identifying information reasonably believes it to be accurate and provides the information in good faith and not for a malicious, fraudulent, or unlawful purpose;
(b) Providing personal identifying information in connection with an exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States Constitution or Washington state Constitution;
(c) Providing personal identifying information to, or in the course of acting as or on behalf of, "news media" as defined in RCW 5.68.010(5);
(d) Providing personal identifying information to a requestor in response to a request under the public records act, chapter 42.56 RCW;
(e) Providing personal identifying information when required to do so by any federal, state, or local law or regulation, or court rule or court order. This subsection (2)(e) only applies if the person providing the personal identifying information reasonably believes it to be accurate and provides the information in good faith and not for a malicious, fraudulent, or unlawful purpose;
(f) Providing personal identifying information in connection with a lawful requirement for a court filing or recording, including but not limited to recording judgments or filing claims of liens;
(g) Providing personal identifying information as permitted under the federal Gramm-Leach-Bliley act and consumer financial protection bureau Regulation P, 12 C.F.R. Part 1016, consistent with privacy policy disclosures provided pursuant to such regulation;
(h) Providing personal identifying information in compliance with the fair credit reporting act (84 Stat. 1127; 15 U.S.C. Sec. 1681 et seq.) or fair debt collection practices act (91 Stat. 874; 15 U.S.C. Sec. 1692 et seq.);
(i) Providing personal identifying information in a consumer alert or public notice arising from a regulatory, civil, or criminal investigation, complaint, or enforcement action. This subsection (2)(i) only applies to publications made by government agencies;
(j) Providing personal identifying information within or to a government agency, corporation, company, partnership, labor union, or another legal entity, or to any employees or agents thereof, but only if the following requirements are satisfied:
(i) The personal identifying information is provided for a legitimate and lawful purpose, including without limitation the reporting of criminal or fraudulent activity, facilitating a lawful commercial transaction, or furthering an existing business relationship;
(ii) The personal identifying information is provided through a private channel of communication, and is not provided to the public;
(iii) The person providing the personal identifying information:
(A) Reasonably believes it to be accurate; or
(B) Has reasonable suspicion to believe it is being used fraudulently; and
(iv) The person providing the personal identifying information provides it in good faith, and not for a malicious or fraudulent purpose; or
(k) Providing personal identifying information on behalf of a state agency, the health benefit exchange, a tribal nation, a contracted service provider of a state agency or the health benefit exchange, or the lead organization or a data vendor of the all-payer health care claims database under chapter 43.371 RCW, if the information was provided in a manner legally permitted under federal or state law or regulation.
(3) It is not a defense to a violation of this section that the personal identifying information at issue was voluntarily given to the publisher, has been previously publicly disclosed, or is readily discoverable through research or investigation.
(4) Nothing in this section shall be construed in any manner to:
(a) Conflict with 47 U.S.C. Sec. 230;
(b) Conflict with 42 U.S.C. Sec. 1983; or
(c) Prohibit any activity protected under the Constitution of the United States or the Washington state Constitution.
(5)(a) An individual whose personal identifying information is published in violation of this section may bring a civil action against: (i) The person or persons who published the personal identifying information; and (ii) any person who knowingly benefits, financially or by receiving anything of value, from participation in a venture that the person knew or should have known has engaged in an act in violation of this section.
(b) A prevailing claimant who brings a civil action pursuant to this section is entitled to recover any or all of the following remedies upon request: (i) Compensatory damages; (ii) punitive damages; (iii) statutory damages of $5,000 per violation; (iv) costs and reasonable attorneys' fees; (v) injunctive relief; and (vi) any other relief deemed appropriate by the court.
(c) When an action is brought under this section, a court may, on its own motion or upon the motion of any party, issue a temporary restraining order, or a temporary or permanent injunction, to restrain and prevent the disclosure or continued disclosure of a party's personal identifying information.
(d) A civil action may be brought in any county in which an element of any violation of this section occurred, or in which an individual resides who is the subject of the personal identifying information published in violation of this section.
(6) The definitions in this subsection apply throughout this section and section 2, chapter 381, Laws of 2023 unless the context clearly requires otherwise.
(a) "Close relation" means a current or former spouse or domestic partner, parent, child, sibling, stepchild, stepparent, grandparent, any person who regularly resides in the household or who within the prior six months regularly resided in the household, or any person with a significant personal or professional relationship.
(b) "Course of conduct" means a pattern of conduct composed of two or more acts, evidencing a continuity of purpose.
(c) "Doxing" means unauthorized publication of personal identifying information with intent or knowledge that the information will be used to harm the individual whose information is published, or with reckless disregard for the risk the information will be used to harm the individual whose information is published.
(d) "Electronic communication" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. "Electronic communication" includes, but is not limited to, email, internet-based communications, pager service, and electronic text messaging.
(e) "Harassment" has the same meaning as in RCW 9A.46.020, 9A.90.120, and 9.61.230.
(f) "Harm" means bodily injury, death, harassment, or stalking.
(g) "Mental anguish" means emotional distress or emotional suffering as evidenced by anxiety, fear, torment, or apprehension that may or may not result in a physical manifestation of mental anguish or a mental health diagnosis. The mental anguish must be protracted and not merely trivial or transitory.
(h) "Personal identifying information" means any information that can be used to distinguish or trace an individual's identity, including without limitation name, prior legal name, alias, mother's maiden name, or date or place of birth, in combination with any other information that is linked or linkable to an individual such as:
(i) Social security number, home address, mailing address, phone number, email address, social media accounts, or biometric data;
(ii) Medical, financial, education, consumer, or employment information, data, or records;
(iii) Any other sensitive private information that is linked or linkable to a specific identifiable individual, such as gender identity, sexual orientation, or any sexually intimate visual depiction; or
(iv) Any information, including without limitation usernames and passwords, that enables access to a person's email accounts, social media accounts, electronic forum accounts, chat or instant message accounts, cloud storage accounts, banking or financial accounts, computer networks, computers or phones, teleconferencing services, video-teleconferencing services, or other digital meeting rooms.
(i) "Publish" means to circulate, deliver, distribute, disseminate, post, transmit, or otherwise make available to another person, through any oral, written, visual, or electronic communication.
(j) "Regularly resides" means residing in the household with some permanency or regular frequency in the resident's living arrangement.
(k) "Stalking" has the same meaning as in RCW 9A.46.110.
(l) "Substantial life disruption" means that a person significantly modifies their actions, routines, employment, residence, appearance, name, or contact information to avoid or protect against an actor who has obtained or is using the person's personal identifying information, or because of the course of conduct of an actor who has obtained or is using the person's personal identifying information. Examples include, without limitation, changing a phone number, changing an electronic mail address, deleting personal electronic accounts, significantly decreasing use of the internet, moving from an established residence, changing daily routines, changing routes to and from work, changing employment or work schedule, or losing time from work or a job.
(7) The legislature does not intend this section to allow, and this section shall not allow, actions to be brought for constitutionally protected activity.
[ 2023 c 381 s 1.]
Notes:
Construction—2023 c 381: "This act shall be liberally construed and applied to promote its underlying purpose to deter doxing, protect persons from doxing, and provide adequate remedies to victims of doxing." [ 2023 c 381 s 2.]

catchline: Unauthorized publication of personal identifying information.


title: RCW 4.24.800

text:
(1) A charitable organization is not liable for any civil damages arising out of any act or omission, other than acts or omissions constituting gross negligence or willful or wanton misconduct, associated with providing previously owned eyeglasses or hearing instruments to a person if:
(a) The person is at least fourteen years of age; and
(b) The eyeglasses or hearing instruments are provided to the person without compensation or the expectation of compensation.
(2) The immunity provided by subsection (1) of this section applies to eyeglasses only if the eyeglasses are provided by a physician licensed under chapter 18.71 RCW, an osteopathic physician licensed under chapter 18.57 RCW, an optometrist licensed under chapter 18.53 RCW, or an optician licensed under chapter 18.34 RCW who has:
(a) Personally examined the person who will receive the eyeglasses; or
(b) Personally consulted with the licensed physician, osteopathic physician, or optometrist who examined the person who will receive the eyeglasses.
(3) The immunity provided by subsection (1) of this section applies to eyeglasses if the eyeglasses are provided by a physician's or optician's optical assistant who has personally consulted with the licensed physician, osteopathic physician, or optometrist who examined the person who will receive the eyeglasses.
(4) The immunity provided by subsection (1) of this section applies to hearing instruments only if the hearing instruments are provided by a physician licensed under chapter 18.71 RCW, an osteopathic physician licensed under chapter 18.57 RCW, or hearing health care professional licensed under chapter 18.35 RCW who has:
(a) Personally examined the person who will receive the hearing instruments; or
(b) Personally consulted with the licensed physician, osteopathic physician, or hearing health care professional who has examined the person who will receive the hearing instruments.
(5) For purposes of this section, "charitable organization" means an organization:
(a) That regularly engages in or provides financial support for some form of benevolent or charitable activity with the purpose of doing good to others rather than for the convenience of its members;
(b) In which no part of the organization's income is distributable to its members, directors, or officers; and
(c) In which no member, director, officer, agent, or employee is paid, or directly receives, in the form of salary or other compensation, an amount beyond that which is just and reasonable compensation commonly paid for such services rendered and which has been fixed and approved by the members, directors, or other governing body of the organization.
[ 2012 c 203 s 1.]

catchline: Liability immunity—Charitable donation of eyeglasses or hearing instruments.


title: RCW 4.24.810

text:
(1) Except as provided in subsection (2) of this section, any health care provider credentialing or granting practice privileges to other health care providers to deliver health care in response to an emergency is immune from civil liability arising out of such credentialing or granting of practice privileges if: (a) The health care provider so credentialed or granted practice privileges was responding to an emergency; and (b) the procedures utilized for credentialing and granting practice privileges were substantially consistent with the standards for granting emergency practice privileges adopted by the joint commission on the accreditation of health care organizations.
(2) This section does not apply to any acts or omissions constituting gross negligence or willful or wanton misconduct.
(3) For purposes of this section:
(a) "Ambulatory surgical facility" has the same meaning as provided in RCW 70.230.010.
(b) "Clinic" means a place for treatment of patients on an outpatient basis by a health care provider.
(c) "Credentialing" means the collection, verification, and assessment of whether a health care provider meets relevant licensing, education, and training requirements.
(d) "Emergency" means an event or set of circumstances for which the governor has proclaimed a state of emergency pursuant to RCW 43.06.010.
(e) "Health care provider" means:
(i) A member of a profession identified in RCW 7.70.020(1);
(ii) An employee or agent of a member of such a profession acting in the course and scope of his or her employment;
(iii) An entity, whether or not incorporated, facility, or institution employing, credentialing, or providing practice privileges to one or more persons described in (e)(i) of this subsection including, but not limited to, a hospital, ambulatory surgical facility, clinic, health maintenance organization, or nursing home, or an officer, director, employee, or agent thereof acting in the course and scope of his or her employment;
(iv) A pharmacist or pharmacy as defined in RCW 18.64.011; or
(v) In the event any person identified in (e)(i) through (iv) of this subsection is deceased, his or her estate or personal representative.
(f) "Health maintenance organization" has the same meaning as provided in RCW 48.46.020.
(g) "Hospital" has the same meaning as provided in RCW 70.41.020.
(h) "Nursing home" has the same meaning as provided in RCW 18.51.010.
[ 2014 c 159 s 1.]

catchline: Liability immunity—Credentialing or granting practice privileges to health care providers responding to emergencies.


title: RCW 4.24.820

text:
(1) Washington's courts, administrative agencies, or any other Washington tribunal shall not recognize, base any ruling on, or enforce any order issued under foreign law, or by a foreign legal system, that is manifestly incompatible with public policy.
(2) For purposes of this chapter, a foreign law, an order issued by a foreign legal system or foreign tribunal is presumed manifestly incompatible with public policy, when it does not, or would not, grant the parties all of the same rights, or when the enforcement of any order would result in a violation of any right, guaranteed by the Washington state and United States Constitutions.
[ 2015 c 214 s 61.]
Notes:
Effective date—Conflict with federal requirements—Waiver—2015 c 214: See notes following RCW 26.21A.010.
Denial of waiver—2015 c 214: See note following RCW 26.21A.115.

catchline: Nonrecognition of foreign order—Incompatibility with public policy.


title: RCW 4.24.830

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agritourism activity" means any activity carried out on a farm or ranch whose primary business activity is agriculture or ranching and that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities including, but not limited to: Farming; ranching; historic, cultural, and on-site educational programs; recreational farming programs that may include on-site hospitality services; guided and self-guided tours; petting zoos; farm festivals; corn mazes; harvest-your-own operations; hayrides; barn parties; horseback riding; fishing; and camping.
(2) "Agritourism professional" means any person in the business of providing one or more agritourism activities, whether or not for compensation.
(3) "Inherent risks of agritourism activity" means those dangers or conditions that are an integral part of an agritourism activity including certain hazards, such as surface and subsurface conditions, natural conditions of land, vegetation, waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity, unless the participant acting in a negligent manner is a minor or is under the influence of alcohol or drugs.
(4) "Participant" means any person, other than the agritourism professional, who engages in an agritourism activity.
(5) "Person" means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit.
[ 2017 c 227 s 2.]
Notes:
Finding—2017 c 227: See note following RCW 4.24.832.

catchline: Agritourism—Definitions.


title: RCW 4.24.832

text:
(1)(a) Except as provided in subsection (2) of this section, an agritourism professional is not liable for injury, loss, damage, or death of a participant resulting exclusively from any of the inherent risks of agritourism activities.
(b) Except as provided in subsection (2) of this section, no participant or participant's representative may pursue an action or recover from an agritourism professional for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities.
(c) In any action for damages against an agritourism professional for agritourism activity, the agritourism professional must plead the affirmative defense of assumption of the risk of agritourism activity by the participant.
(2) Nothing in subsection (1) of this section prevents or limits the liability of an agritourism professional if the agritourism professional does any one or more of the following:
(a) Commits an act or omission that is grossly negligent or constitutes willful or wanton disregard for the safety of the participant and that act or omission proximately causes injury, damage, or death to the participant.
(b) Has actual knowledge or reasonably should have known of an existing dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in such an activity and does not make the danger known to the participant and the danger proximately causes injury, damage, or death to the participant.
(c) Permits minor participants to use facilities or engage in agritourism activities that are not reasonably appropriate for their age. This provision shall not be interpreted to relieve a parent or guardian of a minor participant of the duty to reasonably supervise the minor's participation in agritourism activities, including assessing whether the minor's participation in an agritourism activity is reasonably appropriate for his or her age.
(d) Knowingly permits participants to use facilities or engage in agritourism activities while under the influence of alcohol or drugs.
(e) Fails to warn participants as required by RCW 4.24.835.
(3) Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.
[ 2017 c 227 s 3.]
Notes:
Finding—2017 c 227: "The legislature finds that agriculture plays a substantial role in the economy, culture, and history of Washington state. As an increasing number of Washington's citizens are removed from day-to-day agricultural experiences, agritourism provides a valuable opportunity for the public to interact with, experience, and understand agriculture. In addition, agritourism opportunities provide valuable options for farmers and ranchers and rural residents to maintain their operations and continue a traditional economic development opportunity in rural areas. Inherent risks exist on farms and ranches, some of which cannot be reasonably eliminated. Uncertainty of potential liability associated with inherent risks has a negative impact on the establishment and success of agritourism operations." [ 2017 c 227 s 1.]

catchline: Agritourism—Immunity.


title: RCW 4.24.835

text:
(1) Every agritourism professional must post and maintain signs that contain the warning notice specified in subsection (2) of this section. The sign must be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The warning notice must consist of a sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an agritourism professional for the providing of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity, must contain in clearly readable print the warning notice specified in subsection (2) of this section.
(2) The sign and contracts described in subsection (1) of this section must contain the following notice of warning:
"WARNING
Under Washington state law, there is limited liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such an injury or death results exclusively from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. We are required to ensure that in any activity involving minor children, only age-appropriate access to activities, equipment, and animals is permitted. You are assuming the risk of participating in this agritourism activity."
(3) Failure to comply with the requirements concerning warning signs and notices provided in this section prohibits an agritourism professional from invoking the privilege of immunity provided by this section, section 1, chapter 227, Laws of 2017, and RCW 4.24.830 and 4.24.832 and may be introduced as evidence in any claim for damages.
[ 2017 c 227 s 4.]
Notes:
Finding—2017 c 227: See note following RCW 4.24.832.

catchline: Agritourism—Warning notice.


title: RCW 4.24.840

text:
(1) In any civil judicial or administrative action relating to sexual harassment or sexual assault, a nondisclosure policy or agreement that purports to limit the ability of any person to produce evidence regarding past instances of sexual harassment or sexual assault by a party to the civil action does not affect discovery or the availability of witness testimony relating to that civil action. Any provision of a nondisclosure policy or agreement including any arbitration agreement or decision that would limit, prevent, or punish such disclosure is contrary to public policy and unenforceable. However, the court or presiding officer shall enter appropriate orders upon motion of any party supported by affidavit or sworn declaration, or without motion but on the court's or presiding officer's own accord, to ensure that the identity of any person who is or is alleged to be a victim of sexual harassment or sexual assault is not made public as a result of a disclosure made under this section, unless such person consents.
(2) The provisions of this section do not alter admissibility standards of evidence for the court or presiding officer to decide whether the probative value of evidence offered outweighs the potential prejudice.
[ 2018 c 118 s 1.]
Notes:
Application—2018 c 118: "This act applies to actions pending as of June 7, 2018, and actions filed after June 7, 2018." [ 2018 c 118 s 2.]

catchline: Effect of sexual harassment or sexual assault nondisclosure agreement on discovery and witness availability.


title: RCW 4.24.850

text:
(1)(a) An individual who is a victim of an offense under RCW 9A.84.040 may bring a civil action against the person who committed the offense or against any person who knowingly benefits, financially or by receiving anything of value, from participation in a venture that the person knew or should have known has engaged in an act in violation of RCW 9A.84.040, and may recover damages and any other appropriate relief, including reasonable attorneys' fees.
(b) A person who is found liable under RCW 9A.84.040 shall be jointly and severally liable with each other person, if any, who is found liable under RCW 9A.84.040 for damages arising from the same violation of RCW 9A.84.040.
(2) Any person convicted of violating RCW 9A.84.040 and that resulted in an emergency response may be liable to a public agency for the reasonable costs of the emergency response by, and at the discretion of, the public agency that incurred the costs.
[ 2020 c 344 s 3.]
Notes:
Finding—2020 c 344: See note following RCW 9A.84.040.

catchline: Action by victim of false reporting—Liability to a public agency.


title: RCW 4.24.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 10.]

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


title: RCW 4.28.020

text:
From the time of the commencement of the action by service of summons, or by the filing of a complaint, or as otherwise provided, the court is deemed to have acquired jurisdiction and to have control of all subsequent proceedings.
[ 1984 c 76 s 2; 1895 c 86 s 4; 1893 c 127 s 15; RRS s 238.]

catchline: Jurisdiction acquired, when.


title: RCW 4.28.080

text:
Service made in the modes provided in this section is personal service. The summons shall be served by delivering a copy thereof, as follows:
(1) If the action is against any county in this state, to the county auditor or, during normal office hours, to the deputy auditor, or in the case of a charter county, summons may be served upon the agent, if any, designated by the legislative authority.
(2) If against any town or incorporated city in the state, to the mayor, city manager, or, during normal office hours, to the mayor's or city manager's designated agent or the city clerk thereof.
(3) If against a school or fire district, to the superintendent or commissioner thereof or by leaving the same in his or her office with an assistant superintendent, deputy commissioner, or business manager during normal business hours.
(4) If against a railroad corporation, to any station, freight, ticket or other agent thereof within this state.
(5) If against a corporation owning or operating sleeping cars, or hotel cars, to any person having charge of any of its cars or any agent found within the state.
(6) If against a domestic insurance company, to any agent authorized by such company to solicit insurance within this state.
(7)(a) If against an authorized foreign or alien insurance company, as provided in RCW 48.05.200.
(b) If against an unauthorized insurer, as provided in RCW 48.05.215 and 48.15.150.
(c) If against a reciprocal insurer, as provided in RCW 48.10.170.
(d) If against a nonresident surplus line broker, as provided in RCW 48.15.073.
(e) If against a nonresident insurance producer or title insurance agent, as provided in RCW 48.17.173.
(f) If against a nonresident adjuster, as provided in RCW 48.17.380.
(g) If against a fraternal benefit society, as provided in RCW 48.36A.350.
(h) If against a nonresident reinsurance intermediary, as provided in RCW 48.94.010.
(i) If against a nonresident life settlement provider, as provided in RCW 48.102.011.
(j) If against a nonresident life settlement broker, as provided in RCW 48.102.021.
(k) If against a service contract provider, as provided in RCW 48.110.030.
(l) If against a protection product guarantee provider, as provided in RCW 48.110.055.
(m) If against a discount plan organization, as provided in RCW 48.155.020.
(8) If against a represented entity as defined in RCW 23.95.400, service of process, notice, or demand required or permitted by law to be served on the entity may be made in accordance with RCW 23.95.450.
(9) If against a minor under the age of fourteen years, to such minor personally, and also to his or her father, mother, guardian, or if there be none within this state, then to any person having the care or control of such minor, or with whom he or she resides, or in whose service he or she is employed, if such there be.
(10) If against any person for whom a guardian has been appointed for any cause, then to such guardian.
(11) If against a foreign or alien steamship company or steamship charterer, to any agent authorized by such company or charterer to solicit cargo or passengers for transportation to or from ports in the state of Washington.
(12) If against a self-insurance program regulated by chapter 48.62 RCW, as provided in chapter 48.62 RCW.
(13) If against a party to a real estate purchase and sale agreement under RCW 64.04.220, by mailing a copy by first-class mail, postage prepaid, to the party to be served at his or her usual mailing address or the address identified for that party in the real estate purchase and sale agreement.
(14) In all other cases, to the defendant personally, or by leaving a copy of the summons at the house of his or her usual abode with some person of suitable age and discretion then resident therein.
(15) In lieu of service under subsection (14) of this section, where the person cannot with reasonable diligence be served as described, the summons may be served as provided in this subsection, and shall be deemed complete on the tenth day after the required mailing: By leaving a copy at his or her usual mailing address with a person of suitable age and discretion who is a resident, proprietor, or agent thereof, and by thereafter mailing a copy by first-class mail, postage prepaid, to the person to be served at his or her usual mailing address. For the purposes of this subsection, "usual mailing address" does not include a United States postal service post office box or the person's place of employment.
[ 2025 c 40 s 1; 2015 c 51 s 2; 2012 c 211 s 1; 2011 c 47 s 1; 1997 c 380 s 1; 1996 c 223 s 1; 1991 sp.s. c 30 s 28; 1987 c 361 s 1; 1977 ex.s. c 120 s 1; 1967 c 11 s 1; 1957 c 202 s 1; 1893 c 127 s 7; RRS s 226, part. FORMER PART OF SECTION: 1897 c 97 s 1 now codified in RCW 4.28.081.]
Notes:
Rules of court: Service of process—CR 4(d), (e).
Effective date, implementation, application—1991 sp.s. c 30: See RCW 48.62.900.
Severability—1977 ex.s. c 120: "If any provision of this 1977 amendatory 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." [ 1977 ex.s. c 120 s 3.]
Service of process on
foreign corporation: RCW 23B.15.100.
foreign savings and loan association: RCW 33.32.050.
nonadmitted foreign corporation: RCW 23B.18.040.
nonresident motor vehicle operator: RCW 46.64.040.

catchline: Summons, how served.


title: RCW 4.28.100

text:
When the defendant cannot be found within the state, and upon the filing of an affidavit of the plaintiff, his or her agent, or attorney, with the clerk of the court, stating that he or she believes that the defendant is not a resident of the state, or cannot be found therein, and that he or she has deposited a copy of the summons (substantially in the form prescribed in RCW 4.28.110) and complaint in the post office, directed to the defendant at his or her place of residence, unless it is stated in the affidavit that such residence is not known to the affiant, and stating the existence of one of the cases hereinafter specified, the service may be made by publication of the summons, by the plaintiff or his or her attorney in any of the following cases:
(1) When the defendant is a nonregistered foreign entity as defined in RCW 23.95.105, and has property within the state;
(2) When the defendant, being a resident of this state, has departed therefrom with intent to defraud his or her creditors, or to avoid the service of a summons, or keeps himself or herself concealed therein with like intent;
(3) When the defendant is not a resident of the state, but has property therein and the court has jurisdiction of the subject of the action;
(4) When the action is for (a) establishment or modification of a parenting plan or residential schedule; or (b) dissolution of marriage, legal separation, or declaration of invalidity, in the cases prescribed by law;
(5) When the action is for nonparental custody under *chapter 26.10 RCW and the child is in the physical custody of the petitioner;
(6) When the subject of the action is real or personal property in this state, and the defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly, or partly, in excluding the defendant from any interest or lien therein;
(7) When the action is to foreclose, satisfy, or redeem from a mortgage, or to enforce a lien of any kind on real estate in the county where the action is brought, or satisfy or redeem from the same;
(8) When the action is against any corporation, whether private or municipal, organized under the laws of the state, and the proper officers on whom to make service do not exist or cannot be found;
(9) When the action is brought under RCW 4.08.160 and 4.08.170 to determine conflicting claims to property in this state.
[ 2025 c 40 s 2; 2011 c 336 s 97; 2005 c 117 s 1; 1981 c 331 s 13; 1953 c 102 s 1. Prior: 1929 c 81 s 1; 1915 c 45 s 1; 1893 c 127 s 9; RRS s 228.]
Notes:
*Reviser's note: Chapter 26.10 RCW, with the exception of RCW 26.10.115, was repealed by 2020 c 312 s 905. RCW 26.10.115 was repealed by 2021 c 215 s 170.
Court Congestion Reduction Act of 1981—Purpose—Severability—1981 c 331: See notes following RCW 2.32.070.

catchline: Service of summons by publication—When authorized.


title: RCW 4.28.110

text:
The publication shall be made in a newspaper of general circulation in the county where the action is brought once a week for six consecutive weeks: PROVIDED, That publication of summons shall not be made until after the filing of the complaint, and the service of the summons shall be deemed complete at the expiration of the time prescribed for publication. The summons must be subscribed by the plaintiff or his or her attorney or attorneys. The summons shall contain the date of the first publication, and shall require the defendant or defendants upon whom service by publication is desired, to appear and answer the complaint within sixty days from the date of the first publication of the summons; and the summons for publication shall also contain a brief statement of the object of the action. The summons for publication shall be substantially as follows:
In the superior court of the State of Washington for the county of . . . . . .
. . . . . . . . ., Plaintiff,
vs.
No. . . . .
. . . . . . . . ., Defendant.
The State of Washington to the said (naming the defendant or defendants to be served by publication):
You are hereby summoned to appear within sixty days after the date of the first publication of this summons, to wit, within sixty days after the . . . . day of . . . . . ., 1 . . . ., and defend the above entitled action in the above entitled court, and answer the complaint of the plaintiff . . . . . ., and serve a copy of your answer upon the undersigned attorneys for plaintiff . . . . . ., at his (or their) office below stated; and in case of your failure so to do, judgment will be rendered against you according to the demand of the complaint, which has been filed with the clerk of said court. (Insert here a brief statement of the object of the action.)
. . . .,
Plaintiff's Attorneys.
P.O. Address . . . .
County . . . .
Washington.
[ 2011 c 336 s 98; 1985 c 469 s 2; 1895 c 86 s 2; 1893 c 127 s 10; RRS s 233.]
Notes:
Publication of legal notices: Chapter 65.16 RCW.

catchline: Manner of publication and form of summons.


title: RCW 4.28.120

text:
If a party having or claiming a share or interest in or lien upon any property sought to be appropriated for public use be unknown, and such fact be made to appear by affidavit filed in the office of the clerk of the court, the notice required by law in such cases may be served by publication as in the case of nonresident owners, and such notice shall be directed by name to every owner of a share or interest in or lien upon the property sought to be so appropriated, and generally to all persons unknown having or claiming an interest or estate in the property or any portion thereof, and all such unknown parties shall in all papers and proceedings be designated as "unknown owners," and shall be bound by the provisions and be entitled to the benefits of the judgment the same as if they had been known and duly named.
[ 1895 c 140 s 1; RRS s 239.]
Notes:
Eminent domain: Title 8 RCW.
Publication of legal notices: Chapter 65.16 RCW.

catchline: Publication of notice in eminent domain proceedings.


title: RCW 4.28.140

text:
Upon presenting an affidavit to the court or judge, showing to his or her satisfaction that the heirs of such deceased person are proper parties to the action, and that their names and residences cannot with use of reasonable diligence be ascertained, such court or judge may grant an order that service of the summons in such action be made on such "Unknown heirs" by publication thereof in the same manner as in actions against nonresident defendants.
[ 2011 c 336 s 99; 1903 c 144 s 2; RRS s 230.]
Notes:
Rules of court: Cf. CR 10(a).

catchline: Affidavit as to unknown heirs.


title: RCW 4.28.150

text:
In any action brought to determine any adverse claim, estate, lien, or interest in real property, or to quiet title to real property, the plaintiff may include as a defendant in such action, and insert in the title thereof, in addition to the names of such persons or parties as appear of record to have, and other persons or parties who are known to have, some title, claim, estate, lien, or interest in the lands in controversy, the following, viz.: "Also all other persons or parties unknown claiming any right, title, estate, lien, or interest in the real estate described in the complaint herein." And service of summons may be had upon all such unknown persons or parties defendant by publication as provided by law in case of nonresident defendants.
[ 1903 c 144 s 3; RRS s 231.]
Notes:
Publication of legal notices: Chapter 65.16 RCW.

catchline: Title of cause—Unknown claimants—Service by publication.


title: RCW 4.28.160

text:
All such unknown heirs of deceased persons, and all such unknown persons or parties, so served by publication as in RCW 4.28.150, provided, shall have the same rights as are provided by law in case of all other defendants upon whom service is made by publication, and the action shall proceed against such unknown heirs, or unknown persons or parties, in the same manner as against defendants, who are named, upon whom service is made by publication, and with like effect; and any such unknown heirs or unknown persons or parties who have or claim any right, estate, lien, or interest in the said real property in controversy, at the time of the commencement of the action, duly served as aforesaid, shall be bound and concluded by the judgment in such action, if the same is in favor of the plaintiff therein as effectually as if the action was brought against such defendant by his or her name and constructive service of summons obtained: PROVIDED, HOWEVER, That such judgment shall not bind such unknown heirs, or unknown persons or parties, defendant, unless the plaintiff shall file a notice of lis pendens in the office of the auditor of each county in which said real estate is located, in the manner provided by law, before commencing the publication of said summons.
[ 1903 c 144 s 4; RRS s 232.]

catchline: Rights of unknown claimants and heirs—Effect of judgment—Lis pendens.


title: RCW 4.28.180

text:
Personal service of summons or other process may be made upon any party outside the state. If upon a citizen or resident of this state or upon a person who has submitted to the jurisdiction of the courts of this state, it shall have the force and effect of personal service within this state; otherwise it shall have the force and effect of service by publication. The summons upon the party out of the state shall contain the same and be served in like manner as personal summons within the state, except it shall require the party to appear and answer within sixty days after such personal service out of the state.
[ 1959 c 131 s 1; 1895 c 86 s 3; 1893 c 127 s 11; RRS s 234.]
Notes:
Rules of court: Cf. CR 4(e), CR 12(a), CR 82(a).
Service of process on nonresident motor vehicle operator: RCW 46.64.040.

catchline: Personal service out-of-state.


title: RCW 4.28.185

text:
(1) Any person, whether or not a citizen or resident of this state, who in person or through an agent does any of the acts in this section enumerated, thereby submits said person, and, if an individual, his or her personal representative, to the jurisdiction of the courts of this state as to any cause of action arising from the doing of any of said acts:
(a) The transaction of any business within this state;
(b) The commission of a tortious act within this state;
(c) The ownership, use, or possession of any property whether real or personal situated in this state;
(d) Contracting to insure any person, property, or risk located within this state at the time of contracting;
(e) The act of sexual intercourse within this state with respect to which a child may have been conceived;
(f) Living in a marital relationship within this state notwithstanding subsequent departure from this state, as to all proceedings authorized by chapter 26.09 RCW, so long as the petitioning party has continued to reside in this state or has continued to be a member of the armed forces stationed in this state.
(2) Service of process upon any person who is subject to the jurisdiction of the courts of this state, as provided in this section, may be made by personally serving the defendant outside this state, as provided in RCW 4.28.180, with the same force and effect as though personally served within this state.
(3) Only causes of action arising from acts enumerated herein may be asserted against a defendant in an action in which jurisdiction over him or her is based upon this section.
(4) Personal service outside the state shall be valid only when an affidavit is made and filed to the effect that service cannot be made within the state.
(5) In the event the defendant is personally served outside the state on causes of action enumerated in this section, and prevails in the action, there may be taxed and allowed to the defendant as part of the costs of defending the action a reasonable amount to be fixed by the court as attorneys' fees.
(6) Nothing herein contained limits or affects the right to serve any process in any other manner now or hereafter provided by law.
[ 2011 c 336 s 100; 1977 c 39 s 1; 1975-'76 2nd ex.s. c 42 s 22; 1959 c 131 s 2.]
Notes:
Rules of court: Cf. CR 4(e), CR 12(a), CR 82(a).
Uniform parentage act: Chapter 26.26A RCW.

catchline: Personal service out-of-state—Acts submitting person to jurisdiction of courts—Saving.


title: RCW 4.28.200

text:
If the summons is not served personally on the defendant in the cases provided in RCW 4.28.110 and 4.28.180, he or she or his or her representatives, on application and sufficient cause shown, at any time before judgment, shall be allowed to defend the action and, except in an action for divorce, the defendant or his or her representative may in like manner be allowed to defend after judgment, and within one year after the rendition of such judgment, on such terms as may be just; and if the defense is successful, and the judgment, or any part thereof, has been collected or otherwise enforced, such restitution may thereupon be compelled as the court directs.
[ 2011 c 336 s 101; 1893 c 127 s 12; RRS s 235.]

catchline: Right of one constructively served to appear and defend or reopen.


title: RCW 4.28.210

text:
A defendant appears in an action when he or she answers, demurs, makes any application for an order therein, or gives the plaintiff written notice of his or her appearance. After appearance a defendant is entitled to notice of all subsequent proceedings; but when a defendant has not appeared, service of notice or papers in the ordinary proceedings in an action need not be made upon him or her. Every such appearance made in an action shall be deemed a general appearance, unless the defendant in making the same states that the same is a special appearance.
[ 2011 c 336 s 102; 1893 c 127 s 16; RRS s 241.]
Notes:
Rules of court: Demurrers abolished—CR 7(c).

catchline: Appearance, what constitutes.


title: RCW 4.28.290

text:
A defendant who has appeared may, without answering, demand in writing an assessment of damages, of the amount which the plaintiff is entitled to recover, and thereupon such assessment shall be had or any such amount ascertained in such manner as the court on application may direct, and judgment entered by the clerk for the amount so assessed or ascertained.
[ 1893 c 127 s 25; RRS s 251.]

catchline: Assessment of damages without answer.


title: RCW 4.28.320

text:
At any time after an action affecting title to real property has been commenced, or after a writ of attachment with respect to real property has been issued in an action, or after a receiver has been appointed with respect to any real property, the plaintiff, the defendant, or such a receiver may file with the auditor of each county in which the property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action, and a description of the real property in that county affected thereby. From the time of the filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer, and shall be bound by all proceedings taken after the filing of such notice to the same extent as if he or she were a party to the action. For the purpose of this section an action shall be deemed to be pending from the time of filing such notice: PROVIDED, HOWEVER, That such notice shall be of no avail unless it shall be followed by the first publication of the summons, or by the personal service thereof on a defendant within sixty days after such filing. And the court in which the said action was commenced may, at its discretion, at any time after the action shall be settled, discontinued or abated, on application of any person aggrieved and on good cause shown and on such notice as shall be directed or approved by the court, order the notice authorized in this section to be canceled of record, in whole or in part, by the county auditor of any county in whose office the same may have been filed or recorded, and such cancellation shall be evidenced by the recording of the court order.
[ 2004 c 165 s 33; 1999 c 233 s 1; 1893 c 127 s 17; RRS s 243.]
Notes:
Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005.
Effective date—1999 c 233: "This act takes effect August 1, 1999." [ 1999 c 233 s 24.]

catchline: Lis pendens in actions affecting title to real estate.


title: RCW 4.28.325

text:
In an action in a United States district court for any district in the state of Washington affecting the title to real property in the state of Washington, the plaintiff, at the time of filing the complaint, or at any time afterwards, or a defendant, when he or she sets up an affirmative cause of action in his or her answer, or at any time afterward, if the same be intended to affect real property, may file with the auditor of each county in which the property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action and a description of the real property in that county affected thereby. From the time of the filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer, and shall be bound by all proceedings taken after the filing of such notice to the same extent as if he or she were a party to the action. For the purpose of this section an action shall be deemed to be pending from the time of filing such notice: PROVIDED, HOWEVER, That such notice shall be of no avail unless it shall be followed by the first publication of the summons, or by personal service thereof on a defendant within sixty days after such filing. And the court in which the said action was commenced may, in its discretion, at any time after the action shall be settled, discontinued, or abated, on application of any person aggrieved and on good cause shown and on such notice as shall be directed or approved by the court, order the notice authorized in this section to be canceled, in whole or in part, by the county auditor of any county in whose office the same may have been filed or recorded, and such cancellation shall be evidenced by the recording of the court order.
[ 2011 c 336 s 103; 1999 c 233 s 4; 1963 c 137 s 1.]
Notes:
Effective date—1999 c 233: See note following RCW 4.28.320.

catchline: Lis pendens in actions in United States district courts affecting title to real estate.


title: RCW 4.28.328

text:
(1) For purposes of this section:
(a) "Lis pendens" means a lis pendens filed under RCW 4.28.320 or 4.28.325 or other instrument having the effect of clouding the title to real property, however named, including consensual commercial lien, common law lien, commercial contractual lien, or demand for performance of public office lien, but does not include a lis pendens filed in connection with an action under Title 6, 60, other than chapter 60.70 RCW, or 61 RCW;
(b) "Claimant" means a person who files a lis pendens, but does not include the United States, any agency thereof, or the state of Washington, any agency, political subdivision, or municipal corporation thereof; and
(c) "Aggrieved party" means (i) a person against whom the claimant asserted the cause of action in which the lis pendens was filed, but does not include parties fictitiously named in the pleading; or (ii) a person having an interest or a right to acquire an interest in the real property against which the lis pendens was filed, provided that the claimant had actual or constructive knowledge of such interest or right when the lis pendens was filed.
(2) A claimant in an action not affecting the title to real property against which the lis pendens was filed is liable to an aggrieved party who prevails on a motion to cancel the lis pendens, for actual damages caused by filing the lis pendens, and for reasonable attorneys' fees incurred in canceling the lis pendens.
(3) Unless the claimant establishes a substantial justification for filing the lis pendens, a claimant is liable to an aggrieved party who prevails in defense of the action in which the lis pendens was filed for actual damages caused by filing the lis pendens, and in the court's discretion, reasonable attorneys' fees and costs incurred in defending the action.
[ 1994 c 155 s 1.]

catchline: Lis pendens—Liability of claimants—Damages, costs, attorneys' fees.


title: RCW 4.28.330

text:
In any court or administrative action or proceeding within this state, involving property within this state or any interest therein, in which service of process is required to be made upon or notice thereof given to any person who is in a designated enemy country or enemy-occupied territory, in addition to the service of process upon or giving of notice to the person as required by any law, statute or rule applicable to the action or proceeding, a copy of the process or notice shall be sent by registered mail to the alien property custodian, Washington, District of Columbia.
[ 1943 c 62 s 1; Rem. Supp. 1943 s 254-1.]

catchline: Notice to alien property custodian.


title: RCW 4.28.340

text:
For the purposes of RCW 4.28.330 through 4.28.350:
(1) "Person" includes any individual, partnership, association and corporation;
(2) "Designated enemy country" means any foreign country as to which the United States has declared the existence of a state of war and any other country with which the United States is at war in the future;
(3) "Enemy-occupied territory" means any place under the control of any designated enemy country or any place with which, by reason of the existence of a state of war, the United States does not maintain postal communication.
[ 1943 c 62 s 2; Rem. Supp. 1943 s 254-2.]

catchline: Notice to alien property custodian—Definitions.


title: RCW 4.28.350

text:
RCW 4.28.330 and 4.28.340 shall remain in force only so long as a state of war shall exist between the United States and the designated enemy country involved in the action or proceeding described in RCW 4.28.330.
[ 1943 c 62 s 3; Rem. Supp. 1943 s 254-3.]

catchline: Notice to alien property custodian—Duration.


title: RCW 4.28.360

text:
In any civil action for personal injuries, the complaint shall not contain a statement of the damages sought but shall contain a prayer for damages as shall be determined. A defendant in such action may at any time request a statement from the plaintiff setting forth separately the amounts of any special damages and general damages sought. Not later than fifteen days after service of such request to the plaintiff, the plaintiff shall have served the defendant with such statement.
[1975-'76 2nd ex.s. c 56 s 2.]
Notes:
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.
Actions and procedure for injuries resulting from health care: Chapter 7.70 RCW.
Verdict or award of future economic damages in personal injury or property damage action may provide for periodic payments: RCW 4.56.260.

catchline: Personal injury action—Complaint not to include statement of damages—Request for statement.


title: RCW 4.28.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 11.]

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


title: RCW 4.32.070

text:
When any of the matters enumerated in *RCW 4.32.050 do not appear upon the face of the complaint, the objection may be taken by answer.
[Code 1881 s 79; 1877 p 18 s 79; 1854 p 139 s 42; RRS s 261.]
Notes:
*Reviser's note: RCW 4.32.050 was repealed by 1984 c 76 s 11.

catchline: Objection may be taken by answer.


title: RCW 4.32.120

text:
If the plaintiff be a trustee to any other, or if the action be in a name of the plaintiff who has no real interest in the contract upon which the action is founded, so much of a demand existing against those whom the plaintiff represents or for whose benefit the action is brought, may be set off as will satisfy the plaintiff's debt, if the same might have been set off in an action brought by those beneficially interested.
[Code 1881 s 498; 1877 p 107 s 502; RRS s 267.]

catchline: Setoff against beneficiary of trust estate.


title: RCW 4.32.130

text:
In actions brought by executors and administrators, demands against their testators and intestates, and belonging to defendant at the time of their death, may be set off by the defendant in the same manner as if the action had been brought by and in the name of the deceased.
[Code 1881 s 499; 1877 p 107 s 503; RRS s 268.]

catchline: Setoff in probate actions brought by personal representatives.


title: RCW 4.32.140

text:
In actions against executors and administrators and against trustees and others, sued in their representative character, the defendants may set off demands belonging to their testators or intestates or those whom they represent, in the same manner as the person so represented would have been entitled to set off the same, in an action against them.
[Code 1881 s 501; 1877 p 107 s 505; RRS s 270.]

catchline: Setoff in probate actions against personal representatives.


title: RCW 4.32.150

text:
To entitle a defendant to a setoff he or she must set the same forth in his or her answer.
[ 2011 c 336 s 104; Code 1881 s 502; 1877 p 108 s 506; RRS s 271.]

catchline: Setoff must be pleaded.


title: RCW 4.32.170

text:
Sham, frivolous and irrelevant answers and defenses may be stricken out on motion, and upon such terms as the court may in its discretion impose.
[Code 1881 s 85; 1877 p 19 s 85; 1869 p 21 s 83; 1854 p 140 s 47; RRS s 275.]

catchline: Answer may be stricken.


title: RCW 4.32.250

text:
A notice or other paper is valid and effectual though the title of the action in which it is made is omitted, or it is defective either in respect to the court or parties, if it intelligently refers to such action or proceedings; and in furtherance of justice upon proper terms, any other defect or error in any notice or other paper or proceeding may be amended by the court, and any mischance, omission or defect relieved within one year thereafter; and the court may enlarge or extend the time, for good cause shown, within which by statute any act is to be done, proceeding had or taken, notice or paper filed or served, or may, on such terms as are just, permit the same to be done or supplied after the time therefor has expired.
[ 1988 c 202 s 2; 1893 c 127 s 24; RRS s 250.]
Notes:
Rules of court: Cf. CR 6(b), RAP 5.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Effect of minor defects in pleading.


title: RCW 4.36.070

text:
In pleading a judgment or other determination of a court or office of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading shall be bound to establish on the trial the facts conferring jurisdiction.
[Code 1881 s 96; 1877 p 21 s 96; 1854 p 142 s 58; RRS s 287.]
Notes:
Rules of court: Cf. CR 9(e).

catchline: Pleading judgments.


title: RCW 4.36.080

text:
In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his or her part; and if such allegation be controverted, the party pleading shall be bound to establish, on the trial, the facts showing such performance.
[ 2011 c 336 s 105; Code 1881 s 97; 1877 p 21 s 97; 1854 p 142 s 59; RRS s 288.]
Notes:
Rules of court: Cf. CR 9(c).

catchline: Conditions precedent, how pleaded.


title: RCW 4.36.120

text:
In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause arose, but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall be bound to establish on trial that it was so published or spoken.
[Code 1881 s 99; 1877 p 22 s 99; 1854 p 142 s 61; RRS s 292.]
Notes:
Rules of court: Cf. CR 8.

catchline: Libel or slander, how pleaded.


title: RCW 4.36.130

text:
In an action mentioned in RCW 4.36.120, the defendant may, in his or her answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances to reduce the amount of damages; and whether he or she proves the justification or not, he or she may give in evidence the mitigating circumstances.
[ 2011 c 336 s 106; Code 1881 s 100; 1877 p 22 s 100; 1854 p 143 s 62; RRS s 293.]

catchline: Answer in justification and mitigation.


title: RCW 4.36.140

text:
In an action to recover the possession of property distrained doing damage, an answer that the defendant or person by whose command he or she acted, was lawfully possessed of the real property upon which the distress was made, and that the property distrained was at the time doing the damage thereon, shall be good, without setting forth the title to such real property.
[ 2011 c 336 s 107; Code 1881 s 101; 1877 p 22 s 101; 1854 p 143 s 63; RRS s 295.]

catchline: Answer in action to recover property distrained.


title: RCW 4.36.170

text:
A material allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient.
[Code 1881 s 104; 1877 p 22 s 104; 1854 p 143 s 65; RRS s 298.]

catchline: Material allegation defined.


title: RCW 4.36.210

text:
Where the plaintiff in an action to recover the possession of personal property on a claim of being the owner thereof, shall fail to establish on trial such ownership, but shall prove that he or she is entitled to the possession thereof, by virtue of a special property therein, he or she shall not thereby be defeated of his or her action, but shall be permitted to amend, on reasonable terms his or her complaint, and be entitled to judgment according to the proof in the case.
[ 2011 c 336 s 108; Code 1881 s 108; 1877 p 23 s 108; 1869 p 27 s 106; 1856 p 10 s 11; RRS s 302.]

catchline: Variance in action to recover personal property.


title: RCW 4.36.240

text:
The court shall, in every stage of an action, disregard any error or defect in pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
[Code 1881 s 113; 1877 p 24 s 113; 1854 p 144 s 71; RRS s 307.]
Notes:
Rules of court: Cf. RAP 2.4(a), 18.22.

catchline: Harmless error disregarded.


title: RCW 4.40.010

text:
Issues arise upon the pleadings when a fact or conclusion of law is maintained by one party and controverted by the other, they are of two kinds—first, of law; and second, of fact.
[ 1893 c 127 s 28; Code 1881 s 200; 1877 p 42 s 204; 1854 p 163 s 179; RRS s 309.]

catchline: Issues defined—Kinds.


title: RCW 4.40.050

text:
An issue of law shall be tried by the court, unless it is referred as provided by the statutes relating to referees.
[ 1893 c 127 s 32; Code 1881 s 204; 1877 p 42 s 208; 1854 p 164 s 183; RRS s 313.]
Notes:
Trial before referee: Chapter 4.48 RCW.

catchline: Trial of issue of law.


title: RCW 4.40.060

text:
An issue of fact, in an action for the recovery of money only, or of specific real or personal property shall be tried by a jury, unless a jury is waived, as provided by law, or a reference ordered, as provided by statute relating to referees.
[ 1893 c 127 s 33; Code 1881 s 204; 1877 p 42 s 208; 1873 p 52 s 206; 1869 p 50 s 208; 1854 p 164 s 183; RRS s 314.]

catchline: Trial of certain issues of fact—Jury.


title: RCW 4.40.070

text:
Every other issue of fact shall be tried by the court, subject, however, to the right of the parties to consent, or of the court to order, that the whole issue, or any specific question of fact involved therein, be tried by a jury, or referred.
[ 1893 c 127 s 34; RRS s 315.]

catchline: Trial of other issues of fact.


title: RCW 4.44.020

text:
At any time after the issues of fact are completed in any case by the service of complaint and answer or reply when necessary, as herein provided, either party may cause the issues of fact to be brought on for trial, by serving upon the opposite party a notice of trial at least three days before any day provided by rules of court for setting causes for trial, which notice shall give the title of the cause as in the pleadings, and notify the opposite party that the issues in such action will be brought on for trial at the time set by the court; and the party giving such notice of trial shall, at least five days before the day of setting such causes for trial file with the clerk of the court a note of issue containing the title of the action, the names of the attorneys and the date when the last pleading was served; and the clerk shall thereupon enter the cause upon the trial docket according to the date of the issue.
In case an issue of law raised upon the pleadings is desired to be brought on for argument, either party shall, at least five days before the day set apart by the court under its rules for hearing issues of law, serve upon the opposite party a like notice of trial and furnish the clerk of the court with a note of issue as above provided, which note of issue shall specify that the issue to be tried is an issue of law; and the clerk of the court shall thereupon enter such action upon the motion docket of the court.
When a cause has once been placed upon either docket of the court, if not tried or argued at the time for which notice was given, it need not be noticed for a subsequent session or day, but shall remain upon the docket from session to session or from law day to law day until final disposition or stricken off by the court. The party upon whom notice of trial is served may file the note of issue and cause the action to be placed upon the calendar without further notice.
[ 2003 c 406 s 1; 1893 c 127 s 35; RRS s 319.]
Notes:
Rules of court: Cf. CR 40(a).

catchline: Notice of trial—Note of issue.


title: RCW 4.44.025

text:
When setting civil cases for trial, unless otherwise provided by statute, upon motion of a party, the court may give priority to cases in which a party is frail and over seventy years of age, a party is afflicted with a terminal illness, or other good cause is shown for an expedited trial date.
[ 2003 c 406 s 2; 1991 c 197 s 1.]

catchline: Priority permitted for aged or ill parties in civil cases.


title: RCW 4.44.060

text:
The order of proceedings on a trial by the court shall be the same as provided in trials by jury. The finding of the court upon the facts shall be deemed a verdict, and may be set aside in the same manner and for the same reason as far as applicable, and a new trial granted.
[Code 1881 s 247; 1877 p 51 s 251; 1869 p 60 s 251; RRS s 368.]

catchline: Proceedings in trial by court—Findings deemed verdict.


title: RCW 4.44.070

text:
In any case tried upon the facts without a jury or with an advisory jury, any party may, when the evidence is closed, submit distinct and concise proposed findings of fact and conclusions of law. They may be written and handed to the court, or at the option of the court, oral, and entered in the record.
[ 2003 c 406 s 3; Code 1881 s 222; 1877 p 47 s 226; 1869 p 56 s 226; RRS s 341.]
Notes:
Rules of court: Cf. CR 52(a).

catchline: Findings and conclusions, how made.


title: RCW 4.44.080

text:
All questions of law including the admissibility of testimony, the facts preliminary to such admission, and the construction of statutes and other writings, and other rules of evidence, are to be decided by the court, and all discussions of law addressed to it.
[Code 1881 s 223; 1877 p 47 s 227; 1869 p 56 s 227; RRS s 342.]
Notes:
Rules of court: Cf. ER 104 and ER 1008.

catchline: Questions of law to be decided by court.


title: RCW 4.44.090

text:
All questions of fact other than those mentioned in RCW 4.44.080, shall be decided by the jury, and all evidence thereon addressed to them.
[Code 1881 s 224; 1877 p 47 s 228; 1869 p 56 s 228; RRS s 343.]
Notes:
Rules of court: Cf. ER 1008.
Charging juries: State Constitution Art. 4 s 16.
Right to trial by jury: State Constitution Art. 1 s 21; RCW 4.48.010.

catchline: Questions of fact for jury.


title: RCW 4.44.110

text:
The jury fee paid by the party demanding a trial by jury shall be a part of the taxable costs in such action.
[ 1961 c 304 s 3; 1903 c 43 s 2; RRS s 317.]

catchline: Jury fee part of taxable costs.


title: RCW 4.44.120

text:
When the action is called for trial, a panel of potential jurors shall be selected at random from the citizens summoned for jury service who have appeared and have not been excused. A voir dire examination of the panel shall be conducted for the purpose of discovering any basis for challenge for cause and to permit the intelligent exercise of peremptory challenges. Any necessary additions to the panel shall be selected at random from the list of qualified jurors. The jury shall consist of six persons, unless the parties in their written demand for jury demand that the jury be twelve in number or consent to a less number. The parties may consent to a jury less than six in number but not less than three, and such consent shall be entered in the record.
[ 2003 c 406 s 4; 1996 c 40 s 1; 1972 ex.s. c 57 s 3; Code 1881 s 206; 1877 p 43 s 210; 1869 p 51 s 210; 1854 p 164 s 185; RRS s 323.]
Notes:
Rules of court: Cf. CR 48.
Juries, district courts: Chapter 12.12 RCW.

catchline: Impanelling jury—Voir dire, challenge for cause—Number.


title: RCW 4.44.130

text:
Either party may challenge the jurors. The challenge shall be to individual jurors, and be peremptory or for cause. Each party shall be entitled to three peremptory challenges. When there is more than one party on either side, the parties need not join in a challenge for cause; but, they shall join in a peremptory challenge before it can be made. If the court finds that there is a conflict of interests between parties on the same side, the court may allow each conflicting party up to three peremptory challenges.
[ 1969 ex.s. c 37 s 1; Code 1881 s 207; 1877 p 43 s 211; 1854 p 165 s 186; RRS s 324.]

catchline: Challenges—Kind and number.


title: RCW 4.44.140

text:
A peremptory challenge is an objection to a juror for which no reason need be given, but upon which the court shall exclude the juror.
[ 2003 c 406 s 5; Code 1881 s 208; 1877 p 43 s 212; 1869 p 51 s 212; RRS s 325.]

catchline: Peremptory challenges defined.


title: RCW 4.44.150

text:
A challenge for cause is an objection to a juror, and may be either:
(1) General; that the juror is disqualified from serving in any action; or
(2) Particular; that the juror is disqualified from serving in the action on trial.
[ 2003 c 406 s 6; Code 1881 s 209; 1877 p 43 s 213; 1869 p 51 s 213; RRS s 326.]

catchline: Challenges for cause defined.


title: RCW 4.44.160

text:
General causes of challenge are:
(1) A want of any of the qualifications prescribed for a juror, as set out in RCW 2.36.070.
(2) Unsoundness of mind, or such defect in the faculties of the mind, or organs of the body, as renders him or her incapable of performing the duties of a juror in any action.
[ 1992 c 93 s 6; 1975 1st ex.s. c 203 s 2; Code 1881 s 210; 1877 p 44 s 214; 1869 p 52 s 214; RRS s 327.]
Notes:
Qualifications of jurors: RCW 2.36.070.

catchline: General causes of challenge.


title: RCW 4.44.170

text:
Particular causes of challenge are of three kinds:
(1) For such a bias as when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this code as implied bias.
(2) For the existence of a state of mind on the part of the juror in reference to the action, or to either party, which satisfies the court that the challenged person cannot try the issue impartially and without prejudice to the substantial rights of the party challenging, and which is known in this code as actual bias.
(3) For the existence of a defect in the functions or organs of the body which satisfies the court that the challenged person is incapable of performing the duties of a juror in the particular action without prejudice to the substantial rights of the party challenging.
[ 1975 1st ex.s. c 203 s 3; Code 1881 s 211; 1877 p 44 s 215; 1869 p 52 s 215; RRS s 329.]
Notes:
Reviser's note: The word "code" appeared in Code 1881 s 211.
Qualification of jurors: RCW 2.36.070.

catchline: Particular causes of challenge.