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4.64.030 | Entry of judgment—Form of judgment summary. | (1) The clerk shall enter all judgments in the execution docket, subject to the direction of the court and shall specify clearly the amount to be recovered, the relief granted, or other determination of the action. (2)(a) On the first page of each judgment which provides for the payment of money, including foreign judg... |
4.64.060 | Execution docket—Index of record. | Every county clerk shall keep in the clerk's office a record, to be called the execution docket, which shall be a public record and open during the usual business hours to all persons desirous of inspecting it. The record must be indexed both directly and inversely, and include all judgments, abstracts, and transcripts... |
4.64.080 | Entries in execution docket. | When entering a judgment in the execution docket, the clerk shall leave space on the same page, if practicable, in which the clerk shall enter, in the order in which they occur, all the proceedings subsequent to the judgment in the case until its final satisfaction, including when and to what county an execution is iss... |
4.64.090 | Abstract of judgment. | The abstract of a judgment shall contain (1) the name of the party, or parties, in whose favor the judgment was rendered; (2) the name of the party, or parties, against whom the judgment was rendered; (3) the date of the rendition of the judgment; (4) the amount for which the judgment was rendered, and in the following... |
4.64.100 | Abstract of verdict—Cessation of lien, certificate. | The clerk shall, on request and at the expense of the party in whose favor the verdict is rendered, or the party's attorney, prepare an abstract of such verdict in substantially the same form as an abstract of a judgment and transmit such abstract to the clerk of any court in any county in the state as directed, and sh... |
4.64.110 | Transcript of district court docket. | A transcript of the district court docket shall contain an exact copy of the district court judgment from the docket.
[ 1987 c 202 s 118 ; 1957 c 7 s 9 . Prior: 1929 c 60 s 3, part; 1893 c 42 s 4 ; RRS s 452.]
Intent — 1987 c 202: See note following RCW 2.04.190 . |
4.64.120 | Entry of abstract or transcript of judgment. | It shall be the duty of the county clerk to enter in the execution docket any duly certified transcript of a judgment of a district court of this state and any duly certified abstract of any judgment of any court mentioned in RCW 4.56.200 , filed in the county clerk's office, and to index the same in the same manner as... |
4.68.010 | Summons after judgment. | When a judgment is recorded against one or more of several persons jointly indebted upon an obligation by proceeding as provided by the court by rule, such defendants who were not originally served with the summons, and did not appear to the action, may be summoned to show cause why they should not be bound by the judg... |
4.68.020 | Contents of summons. | The summons, as provided in RCW 4.68.010 , must describe the judgment, and require the person summoned to show cause why he or she should not be bound by it, and must be served in the same manner and returnable within the same time, as the original summons. It is not necessary to file a new complaint.
[ 2011 c 336 s 11... |
4.68.030 | Affidavit must accompany summons. | The summons must be accompanied by an affidavit of the plaintiff, his or her agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and must specify the amount due thereon.
[ 2011 c 336 s 115 ; Code 1881 s 316; 1877 p 65 s 320 ; RRS s 438.] |
4.68.040 | Defenses. | Upon the service of such summons and affidavit, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently to the taking of the judgment, or he or she may deny his or her liability on the obligation upon which the judgment was rendered,... |
4.68.050 | Pleadings. | If the defendant in his or her answer, deny the judgment, or set up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the case; if he or she deny his or her liability on the obligation upon which the judgment was rendered, a co... |
4.68.060 | Trial. | The issue formed may be tried as in other cases, but when the defendant denies in his or her answer any liability on the obligation upon which the judgment was rendered, if a verdict be found against him or her, it must not exceed the amount remaining unsatisfied on such original judgment, with interest thereon.
[ 2011... |
4.72.010 | Causes for enumerated. | The superior court in which a judgment or final order has been rendered, or made, shall have power to vacate or modify such judgment or order: (1) By granting a new trial for the cause, within the time and in the manner, and for any of the causes prescribed by the rules of court relating to new trials. (2) By a new tri... |
4.72.020 | Motion to vacate—Time limitation. | The proceedings to vacate or modify a judgment or order for mistakes or omissions of the clerk, or irregularity in obtaining the judgment or order, shall be by motion served on the adverse party or on his or her attorney in the action, and within one year.
[ 2011 c 336 s 119 ; 1891 c 27 s 1 ; Code 1881 s 438; 1877 p 97... |
4.72.030 | Petition to vacate for certain causes—Time limitation. | RCW 4.72.010 (2), (3), (4), (5), (6), and (7) shall be by petition verified by affidavit, setting forth the judgment or order, the facts or errors constituting a cause to vacate or modify it, and if the party is a defendant, the facts constituting a defense to the action; and such proceedings must be commenced within o... |
4.72.050 | Conditions precedent to vacation. | The judgment shall not be vacated on motion or petition until it is adjudged that there is a valid defense to the action in which the judgment is rendered; or, if the plaintiff seeks its vacation, that there is a valid cause of action; and when judgment is modified, all liens and securities obtained under it shall be p... |
4.72.060 | Grounds for vacation may first be tried. | The court may first try and decide upon the grounds to vacate or modify a judgment or order, before trying or deciding upon the validity of the defense or cause of action.
[Code 1881 s 442; 1877 p 97 s 440 ; 1875 p 22 s 7 ; RRS s 470.] |
4.72.070 | Injunction to suspend proceedings. | The party seeking to vacate or modify a judgment or order may obtain an injunction suspending proceedings on the whole or part thereof, which injunction may be granted by the court or the judge upon its being rendered probable, by affidavit or petition sworn to, or by exhibition of the record, that the party is entitle... |
4.72.080 | Construction of chapter—Time limitations when fraud, misrepresentation concerned. | The provisions of this chapter shall not be so construed as to affect the power of the court to vacate or modify judgments or orders as elsewhere in this code provided; nor shall the time limitations set forth in this chapter within which proceedings to vacate or modify a judgment must be started apply to a judgment he... |
4.72.090 | Judgment upon denial of application. | In all cases in which an application under this chapter to vacate or modify a judgment or order for the recovery of money is denied, if proceedings on the judgment or order shall have been suspended, judgment shall be rendered against the plaintiff [applicant] for the amount of the former judgment or order, interest an... |
4.76.010 | New trial defined. | A new trial is a reexamination of an issue in the same court after a trial and decision by a jury, court or referees.
[Code 1881 s 275; 1877 p 56 s 279 ; 1869 p 67 s 277 ; 1854 p 170 s 215 ; RRS s 398.] |
4.76.030 | Increase or reduction of verdict as alternative to new trial. | If the trial court shall, upon a motion for new trial, find the damages awarded by a jury to be so excessive or inadequate as unmistakably to indicate that the amount thereof must have been the result of passion or prejudice, the trial court may order a new trial or may enter an order providing for a new trial unless t... |
4.76.070 | Newly discovered evidence, requirements as to. | If the motion be supported by affidavits and the cause be newly discovered evidence, the affidavits of any witness or witnesses, showing what their testimony will be, shall be produced or good reasons shown for their nonproduction.
[ 1891 c 59 s 2 ; Code 1881 s 282; 1877 p 57 s 286 ; 1869 p 68 s 284 ; 1854 p 170 s 219 ... |
4.76.080 | Petition for new trial when discovery of grounds delayed. | When the grounds for a new trial could not with reasonable diligence have been discovered before, but are discovered after the time when the verdict, report of referee, or decision was rendered or made, the application may be made by petition filed as in other cases, not later than after the discovery, on which notice ... |
4.80.010 | Exception defined. | An exception is a claim of error in a ruling or decision of a court, judge or other tribunal, or officer exercising judicial functions, made in the course of an action or proceeding or after judgment therein.
[ 1893 c 60 s 1 ; RRS s 381.]
Rules of court: Cf. CR 46.
Construction — 1893 c 60: "This act shall govern proce... |
4.80.020 | When to be taken. | It shall not be necessary or proper to take or enter an exception to any ruling or decision mentioned in RCW 4.80.010 , which is embodied in a written judgment, order or journal entry in the cause. But this section shall not apply to the report of a referee or commissioner, or to findings of fact or conclusions of law ... |
4.80.030 | Requisites—Entry in minutes. | Exceptions to any ruling upon an objection to the admission of evidence, offered in the course of a trial or hearing, need not be formally taken, but the question put or other offer of evidence, together with the objection thereto and the ruling thereon, shall be entered by the court, judge, referee or commissioner (or... |
4.80.040 | Manner of taking and entry. | Exceptions to any ruling or decision made in the course of a trial or hearing, or in the progress of a cause, except those to which it is provided in this chapter that no exception need be taken and those to which some other mode of exception is in this chapter prescribed, may be taken by any party by stating to the co... |
4.80.140 | Application of chapter. | This chapter shall apply to and govern all civil actions and proceedings, both legal and equitable, and all criminal causes, in the superior courts, but shall not apply to district courts or other courts of limited jurisdiction from which an appeal does not lie directly to the supreme court or court of appeals.
[ 1987 ... |
4.84.010 | Costs allowed to prevailing party—Defined—Compensation of attorneys. | The measure and mode of compensation of attorneys and counselors, shall be left to the agreement, expressed or implied, of the parties, but there shall be allowed to the prevailing party upon the judgment certain sums for the prevailing party's expenses in the action, which allowances are termed costs, including, in ad... |
4.84.015 | Costs in civil actions for the recovery of money only—When plaintiff considered the prevailing party. | (1) In any civil action for the recovery of money only, the plaintiff will be considered the prevailing party for the purpose of awarding costs, including a statutory attorney fee, if: (a) The defendant makes full or partial payment of the amounts sought by the plaintiff prior to the entry of judgment; and (b) before s... |
4.84.020 | Amount of contracted attorneys' fee to be fixed by court. | In all cases of foreclosure of mortgages and in all other cases in which attorneys' fees are allowed, the amount thereof shall be fixed by the court at such sum as the court shall deem reasonable, any stipulations in the note, mortgage or other instrument to the contrary notwithstanding; but in no case shall said fee b... |
4.84.030 | Prevailing party to recover costs. | In any action in the superior court of Washington the prevailing party shall be entitled to his or her costs and disbursements; but the plaintiff shall in no case be entitled to costs taxed as attorneys' fees in actions within the jurisdiction of the district court when commenced in the superior court.
[ 1987 c 202 s 1... |
4.84.040 | Limitation on costs in certain actions. | In an action for an assault and battery, or for false imprisonment, libel, slander, malicious prosecution, criminal conversation or seduction, if the plaintiff recover less than ten dollars, he or she shall be entitled to no more costs or disbursements than the damage recovered.
[ 2011 c 336 s 120 ; Code 1881 s 508; 18... |
4.84.050 | Limited to one of several actions. | When several actions are brought on one bond, undertaking, promissory note, bill of exchange, or other instrument in writing, or in any other case for the same cause of action against several parties, who might have been joined as defendants in the same action, no costs or disbursements shall be allowed to the plaintif... |
4.84.060 | Costs to defendant. | In all cases where costs and disbursements are not allowed to the plaintiff, the defendant shall be entitled to have judgment in his or her favor for the same.
[ 2011 c 336 s 122 ; Code 1881 s 510; 1877 p 109 s 514 ; 1869 p 123 s 462 ; 1854 p 202 s 372 ; RRS s 479.] |
4.84.070 | Costs to defendants defending separately. | In all actions where there are several defendants not united in interest, and making separate defenses by separate answers, and the plaintiff fails to recover judgment against all, the court may award costs to such defendants as recover judgments in their favor, or either of them.
[Code 1881 s 511; 1877 p 109 s 515 ; 1... |
4.84.080 | Schedule of attorneys' fees. | When allowed to either party, costs to be called the attorney fee, shall be as follows: (1) In all actions where judgment is rendered, two hundred dollars. (2) In all actions where judgment is rendered in the supreme court or the court of appeals, after argument, two hundred dollars.
[ 2004 c 123 s 1 ; 1985 c 240 s 1 ;... |
4.84.090 | Cost bill—Witnesses to report attendance. | The prevailing party, in addition to allowance for costs, as provided in RCW 4.84.080 , shall also be allowed for all necessary disbursements, including the fees of officers allowed by law, the fees of witnesses, the necessary expenses of taking depositions, by commission or otherwise, and the compensation of referees.... |
4.84.100 | Costs on postponement of trial. | When an application shall be made to a court or referees to postpone a trial, the payment to the adverse party of a sum not exceeding ten dollars, besides the fees of witnesses, may be imposed as the condition of granting the postponement.
[Code 1881 s 515; 1877 p 109 s 519 ; 1854 p 203 s 377 ; RRS s 484.] |
4.84.110 | Costs where tender is made. | When in an action for the recovery of money, the defendant alleges in his or her answer, that, before the commencement of the action, he or she tendered to the plaintiff the full amount to which he or she is entitled, in such money as by agreement ought to be tendered, and thereupon brings into court, for the plaintiff... |
4.84.120 | Costs where deposit in court is made and rejected. | If the defendant in any action pending, shall at any time deposit with the clerk of the court, for the plaintiff, the amount which he or she admits to be due, together with all costs that have accrued, and notify the plaintiff thereof, and such plaintiff shall refuse to accept the same in discharge of the action, and s... |
4.84.130 | Costs in appeals from district courts. | In all civil actions tried before the district court, in which an appeal shall be taken to the superior court, and the party appellant shall not recover a more favorable judgment in the superior court than before the district court, such appellant shall pay all costs.
[ 1987 c 202 s 122 ; Code 1881 s 518; 1877 p 110 s ... |
4.84.140 | Costs against guardian of infant plaintiff. | When costs are adjudged against an infant plaintiff, the guardian or person by whom he or she appeared in the action shall be responsible therefor, and payment may be enforced by execution.
[ 2011 c 336 s 126 ; Code 1881 s 519; 1877 p 110 s 523 ; 1854 p 203 s 381 ; RRS s 488.] |
4.84.150 | Costs against fiduciaries. | In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered as in an action by or against a person prosecuting in his or her own right, but such costs shall be chargeable only upon or collected of the estate of the... |
4.84.160 | Costs against assignee. | When the cause of action, after the commencement of the action, by assignment, or in any other manner, becomes the property of a person not a party thereto, and the prosecution or defense is thereafter continued, such person shall be liable for the costs in the same manner as if he or she were a party, and payment ther... |
4.84.170 | Costs against state or county. | In all actions prosecuted in the name and for the use of the state, or in the name and for the use of any county, and in any action brought against the state or any county, and on all appeals to the supreme court or the court of appeals of the state in all actions brought by or against either the state or any county, t... |
4.84.185 | Prevailing party to receive expenses for opposing frivolous action or defense. | In any civil action, the court having jurisdiction may, upon written findings by the judge that the action, counterclaim, cross-claim, third party claim, or defense was frivolous and advanced without reasonable cause, require the nonprevailing party to pay the prevailing party the reasonable expenses, including fees of... |
4.84.190 | Costs in proceedings not specifically covered. | In all actions and proceedings other than those mentioned in this chapter [and RCW 4.48.100 ], where no provision is made for the recovery of costs, they may be allowed or not, and if allowed may be apportioned between the parties, in the discretion of the court.
[Code 1881 s 525; 1877 p 111 s 529 ; 1854 p 204 s 387 ; ... |
4.84.200 | Retaxation of costs. | Any party aggrieved by the taxation of costs by the clerk of the court may, upon application, have the same retaxed by the court in which the action or proceeding is had.
[Code 1881 s 526; 1877 p 111 s 530 ; 1854 p 204 s 388 ; RRS s 494.] |
4.84.210 | Security for costs. | When a plaintiff in an action, or in a garnishment or other proceeding, resides out of the county, or is a foreign corporation, or begins such action or proceeding as the assignee of some other person or of a firm or corporation, as to all causes of action sued upon, security for the costs and charges which may be awar... |
4.84.220 | Bond in lieu of separate security. | In lieu of separate security for each action or proceeding in any court, the plaintiff may cause to be executed and filed in the court a bond in the penal sum of two hundred dollars running to the state of Washington, with surety as in case of a separate bond, and conditioned for the payment of all judgments for costs ... |
4.84.230 | Dismissal for failure to give security. | After the lapse of ninety days from the service of notice that security is required or of an order for new or additional security, upon proof thereof, and that no undertaking as required has been filed, the court or judge may order the action to be dismissed.
[ 1933 c 14 s 1 ; RRS s 495-2.] |
4.84.240 | Judgment on cost bond. | Whenever any bond or undertaking for the payment of any costs to any party shall be filed in any action or other legal proceeding in any court in this state and judgment should be rendered for any such costs against the principal on any such bonds or against the party primarily liable therefor in whose behalf any such ... |
4.84.250 | Attorneys' fees as costs in damage actions of ten thousand dollars or less—Allowed to prevailing party. | Notwithstanding any other provisions of chapter 4.84 RCW and RCW 12.20.060 , in any action for damages where the amount pleaded by the prevailing party as hereinafter defined, exclusive of costs, is seven thousand five hundred dollars or less, there shall be taxed and allowed to the prevailing party as a part of the co... |
4.84.260 | Attorneys' fees as costs in damage actions of ten thousand dollars or less—When plaintiff deemed prevailing party. | The plaintiff, or party seeking relief, shall be deemed the prevailing party within the meaning of RCW 4.84.250 when the recovery, exclusive of costs, is as much as or more than the amount offered in settlement by the plaintiff, or party seeking relief, as set forth in RCW 4.84.280 .
[ 1973 c 84 s 2 .] |
4.84.270 | Attorneys' fees as costs in damage actions of ten thousand dollars or less—When defendant deemed prevailing party. | The defendant, or party resisting relief, shall be deemed the prevailing party within the meaning of RCW 4.84.250 , if the plaintiff, or party seeking relief in an action for damages where the amount pleaded, exclusive of costs, is equal to or less than the maximum allowed under RCW 4.84.250 , recovers nothing, or if t... |
4.84.280 | Attorneys' fees as costs in damage actions of ten thousand dollars or less—Offers of settlement in determining. | Offers of settlement shall be served on the adverse party in the manner prescribed by applicable court rules at least ten days prior to trial. Offers of settlement shall not be served until thirty days after the completion of the service and filing of the summons and complaint. Offers of settlement shall not be filed o... |
4.84.290 | Attorneys' fees as costs in damage actions of ten thousand dollars or less—Prevailing party on appeal. | If the case is appealed, the prevailing party on appeal shall be considered the prevailing party for the purpose of applying the provisions of RCW 4.84.250 : PROVIDED, That if, on appeal, a retrial is ordered, the court ordering the retrial shall designate the prevailing party, if any, for the purpose of applying the p... |
4.84.300 | Attorneys' fees as costs in damage actions of ten thousand dollars or less—Application. | The provisions of RCW 4.84.250 through 4.84.290 shall apply regardless of whether the action is commenced in district court or superior court except as provided in RCW 4.84.280 . This section shall not be construed as conferring jurisdiction on either court.
[ 1987 c 202 s 123 ; 1980 c 94 s 4 ; 1973 c 84 s 6 .]
Intent ... |
4.84.320 | Attorneys' fees in actions for injuries resulting from the rendering of medical and other health care. | See RCW 7.70.070 . |
4.84.330 | Actions on contract or lease which provides that attorneys' fees and costs incurred to enforce provisions be awarded to one of parties—Prevailing party entitled to attorneys' fees—Waiver prohibited. | In any action on a contract or lease entered into after September 21, 1977, where such contract or lease specifically provides that attorneys' fees and costs, which are incurred to enforce the provisions of such contract or lease, shall be awarded to one of the parties, the prevailing party, whether he or she is the pa... |
4.84.340 | Judicial review of agency action—Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 4.84.340 through 4.84.360 . (1) "Agency" means any state board, commission, department, institution of higher education, or officer, authorized by law to make rules or to conduct adjudicative proceedings, except those in... |
4.84.350 | Judicial review of agency action—Award of fees and expenses. | (1) Except as otherwise specifically provided by statute, a court shall award a qualified party that prevails in a judicial review of an agency action fees and other expenses, including reasonable attorneys' fees, unless the court finds that the agency action was substantially justified or that circumstances make an aw... |
4.84.360 | Judicial review of agency action—Payment of fees and expenses—Report to office of financial management. | Fees and other expenses awarded under RCW 4.84.340 and 4.84.350 shall be paid by the agency over which the party prevails from operating funds appropriated to the agency within sixty days. Agencies paying fees and other expenses pursuant to RCW 4.84.340 and 4.84.350 shall report all payments to the office of financial ... |
4.84.370 | Appeal of land use decisions—Fees and costs. | (1) Notwithstanding any other provisions of this chapter, reasonable attorneys' fees and costs shall be awarded to the prevailing party or substantially prevailing party on appeal before the court of appeals or the supreme court of a decision by a county, city, or town to issue, condition, or deny a development permit ... |
4.88.330 | Indigent party—State payment of review costs. | When a party has been judicially determined to have a constitutional right to obtain a review and to be unable by reason of poverty to procure counsel to perfect the review all costs necessarily incident to the proper consideration of the review including preparation of the record, reasonable fees for court appointed c... |
4.92.005 | "Volunteer"—Definition. | For the purposes of RCW 4.92.060 , 4.92.070 , 4.92.130 , * 4.92.140 , and 4.92.150 , volunteer is defined in RCW 51.12.035 .
[ 1985 c 217 s 6 .]
*Reviser's note: RCW 4.92.140 was repealed by 1989 c 419 s 18, effective July 1, 1989. |
4.92.006 | Definitions. | As used in this chapter: (1) "Department" means the department of enterprise services. (2) "Director" means the director of enterprise services. (3) "Office of risk management" means the office within the department of enterprise services that carries out the powers and duties under this chapter relating to claim filin... |
4.92.010 | Where brought—Change of venue. | Any person or corporation having any claim against the state of Washington shall have a right of action against the state in the superior court. The venue for such actions shall be as follows: (1) The county of the residence or principal place of business of one or more of the plaintiffs; (2) The county where the cause... |
4.92.020 | Service of summons and complaint. | Service of summons and complaint in such actions shall be served in the manner prescribed by law upon the attorney general, or by leaving the summons and complaint in the office of the attorney general with an assistant attorney general.
[ 1986 c 126 s 2 ; 1927 c 216 s 2 ; 1895 c 95 s 2 ; RRS s 887.] |
4.92.030 | Duties of attorney general—Procedure. | The attorney general or an assistant attorney general shall appear and act as counsel for the state. The action shall proceed in all respects as other actions. Appellate review may be sought as in other actions or proceedings, but in case review is sought by the state, no bond shall be required of the appellant.
[ 198... |
4.92.040 | Judgments—Claims to legislature against state—Payment procedure—Inapplicability to judgments and claims against housing finance commission. | (1) No execution shall issue against the state on any judgment. (2) Whenever a final judgment against the state is obtained in an action on a claim arising out of tortious conduct, the claim shall be paid from the liability account. (3) Whenever a final judgment against the state shall have been obtained in any other a... |
4.92.050 | Limitations. | All provisions of law relating to the limitations of personal actions shall apply to claims against the state, but the computation of time thereunder shall not begin until RCW 4.92.010 through 4.92.050 shall have become a law.
[ 1895 c 95 s 5 ; RRS s 890.] |
4.92.060 | Action against state officers, employees, volunteers, or foster parents—Request for defense. | Whenever an action or proceeding for damages shall be instituted against any state officer, including state elected officials, employee, volunteer, or foster parent licensed in accordance with chapter 74.15 RCW, arising from acts or omissions while performing, or in good faith purporting to perform, official duties, or... |
4.92.070 | Actions against state officers, employees, volunteers, or foster parents—Defense by attorney general—Legal expenses. | If the attorney general shall find that said officer, employee, or volunteer's acts or omissions were, or were purported to be in good faith, within the scope of that person's official duties, or, in the case of a foster parent, that the occurrence arose from the good faith provision of foster care services, said reque... |
4.92.075 | Action against state officers, employees, or volunteers—Judgment satisfied by state. | When a state officer, employee, or volunteer has been represented by the attorney general pursuant to RCW 4.92.070 , and the body presiding over the action or proceeding has found that the officer, employee, or volunteer was acting within the scope of his or her official duties, and a judgment has been entered against ... |
4.92.080 | Bond not required of state. | No bond shall be required of the state of Washington for any purpose in any case in any of the courts of the state of Washington and the state of Washington shall be, on proper showing, entitled to any orders, injunctions and writs of whatever nature without bond notwithstanding the provisions of any existing statute r... |
4.92.090 | Tortious conduct of state—Liability for damages. | The state of Washington, whether acting in its governmental or proprietary capacity, shall be liable for damages arising out of its tortious conduct to the same extent as if it were a private person or corporation.
[ 1963 c 159 s 2 ; 1961 c 136 s 1 .] |
4.92.100 | Tortious conduct of state or its agents—Claims—Presentment and filing—Contents. | (1) All claims against the state, or against the state's officers, employees, or volunteers, acting in such capacity, for damages arising out of tortious conduct, must be presented to the office of risk management. A claim is deemed presented when the claim form is delivered in person or by regular mail, registered mai... |
4.92.110 | Tortious conduct of state or its agents—Presentment and filing of claim prerequisite to suit. | No action subject to the claim filing requirements of RCW 4.92.100 shall be commenced against the state, or against any state officer, employee, or volunteer, acting in such capacity, for damages arising out of tortious conduct until sixty calendar days have elapsed after the claim is presented to the office of risk ma... |
4.92.120 | Tortious conduct of state—Assignment of claims. | Claims against the state arising out of tortious conduct may be assigned voluntarily, involuntarily, and by operation of law to the same extent as like claims against private persons may be so assigned.
[ 1963 c 159 s 5 .] |
4.92.130 | Tortious conduct of state—Liability account—Purpose. | A liability account in the custody of the treasurer is hereby created as a nonappropriated account to be used solely and exclusively for the payment of liability settlements and judgments against the state under 42 U.S.C. Sec. 1981 et seq. or for the tortious conduct of its officers, employees, and volunteers and all r... |
4.92.150 | Compromise and settlement of claims by attorney general. | After commencement of an action in a court of competent jurisdiction upon a claim against the state, or any of its officers, employees, or volunteers arising out of tortious conduct or pursuant to 42 U.S.C. Sec. 1981 et seq., or against a foster parent that the attorney general is defending pursuant to RCW 4.92.070 , o... |
4.92.160 | Payment of claims and judgments. | Payment of claims and judgments arising out of tortious conduct or pursuant to 42 U.S.C. Sec. 1981 et seq. shall not be made by any agency or department of state government with the exception of the office of risk management, and that office shall authorize and direct the payment of moneys only from the liability accou... |
4.92.175 | Action against state patrol officers in private law enforcement off-duty employment—Immunity of state—Notice to employer. | (1) The state of Washington is not liable for tortious conduct by Washington state patrol officers that occurs while such officers are engaged in private law enforcement off-duty employment. (2) Upon petition of the state any suit, for which immunity is granted to the state under subsection (1) of this section, shall b... |
4.92.180 | State, local governments not liable for injury to unauthorized third-party occupant of state or local government vehicle. | (1) The state and local governments are not liable for any injury received by a third-party occupant of a vehicle that is owned, leased, or rented by the state or local government if, at the time the injuries were inflicted, the third-party occupant was: (a) Riding in or on the vehicle with a state or local government ... |
4.92.200 | Actions against state on state warrant appearing to be redeemed—Claim required—Time limitation. | No action shall be commenced against the state on account of any state warrant appearing to have been redeemed unless a claim has been presented and filed with the state treasurer within six years of the date of issuance of such warrant. The requirements of this section shall not extend or modify the period of limitati... |
4.92.210 | Risk management—Review of claims—Settlements. | (1) All liability claims arising out of tortious conduct or under 42 U.S.C. Sec. 1981 et seq. that the state of Washington or any of its officers, employees, or volunteers would be liable for shall be filed with the office of risk management. (2) A centralized claim tracking system shall be maintained to provide agenci... |
4.92.220 | Risk management administration account.(Effective until June 30, 2033.) | (1) The risk management administration account is created in the custody of the state treasurer. All receipts from appropriations and assessments shall be deposited into the account. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures ... |
4.92.240 | Rules. | The director has the power to adopt rules necessary to carry out the intent of this chapter.
[ 2002 c 332 s 20 ; 1989 c 419 s 8 .]
Intent — Effective date — 2002 c 332: See notes following RCW 43.19.760 .
Intent — Effective date — 1989 c 419: See notes following RCW 4.92.006 . |
4.92.250 | Risk management—Risk manager may delegate powers and duties. | The risk manager may delegate to a state agency the authority to carry out any powers or duties of the risk manager under this chapter related to claims administration and purchase of insurance for the purpose of protecting any classes of officers, employees, or for other persons performing services for the state. Such... |
4.92.260 | Construction. | Nothing in this chapter shall be construed as amending, repealing, or otherwise affecting RCW 28B.20.250 through 28B.20.255 .
[ 1989 c 419 s 10 .]
Intent — Effective date — 1989 c 419: See notes following RCW 4.92.006 . |
4.92.270 | Risk management—Standard indemnification agreements. | The risk manager shall develop procedures for standard indemnification agreements for state agencies to use whenever the agency agrees to indemnify, or be indemnified by, any person or party. The risk manager shall also develop guidelines for the use of indemnification agreements by state agencies. On request of the ri... |
4.92.280 | Local government reimbursement claims. | If chapter 217, Laws of 1998 mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the department of enterprise services.
[ 2011 1st sp.s. c 43 s... |
4.92.290 | Tortious conduct by department of fish and wildlife officers engaged in private law enforcement off-duty employment—No state liability. | (1) The state is not liable for tortious conduct by department of fish and wildlife officers that occurs while such officers are engaged in private law enforcement off-duty employment. (2) Upon petition of the state any suit, for which immunity is granted to the state under subsection (1) of this section, shall be dism... |
4.96.010 | Tortious conduct of local governmental entities—Liability for damages. | (1) All local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official dut... |
4.96.020 | Tortious conduct of local governmental entities and their agents—Claims—Presentment and filing—Contents. | (1) The provisions of this section apply to claims for damages against all local governmental entities and their officers, employees, or volunteers, acting in such capacity. (2) The governing body of each local governmental entity shall appoint an agent to receive any claim for damages made under this chapter. The iden... |
4.96.041 | Action or proceeding against officer, employee, or volunteer of local governmental entity—Payment of damages and expenses of defense. | (1) Whenever an action or proceeding for damages is brought against any past or present officer, employee, or volunteer of a local governmental entity of this state, arising from acts or omissions while performing or in good faith purporting to perform his or her official duties, such officer, employee, or volunteer ma... |
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