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7.16.320 | Provisions relating to mandate applicable. | The provisions of this chapter relating to writ of mandate, apply to this proceeding.
[ 1895 c 65 s 32 ; RRS s 1030.] |
7.16.330 | When writs may be made returnable. | Writs of review, mandate, and prohibition issued by the supreme court, the court of appeals, or by a superior court, may, in the discretion of the court issuing the writ, be made returnable, and a hearing thereon be had at any time.
[ 1971 c 81 s 29 ; 1895 c 65 s 33 ; RRS s 1031.] |
7.16.340 | Rules of practice. | Except as otherwise provided in this chapter, the provisions of the code of procedure concerning civil actions are applicable to and constitute the rules of practice in the proceedings in this chapter.
[ 1895 c 65 s 34 ; RRS s 1032.] |
7.16.350 | Appellate review. | From a final judgment in the superior court, in any such proceeding, appellate review by the supreme court or the court of appeals may be sought as in other actions.
[ 1988 c 202 s 4 ; 1971 c 81 s 30 ; 1895 c 65 s 35 ; RRS s 1033.]
Severability — 1988 c 202: See note following RCW 2.24.050 . |
7.16.360 | Inapplicability to action reviewable under Administrative Procedure Act or Land Use Petition Act. | This chapter does not apply to state agency action reviewable under chapter 34.05 RCW or to land use decisions of local jurisdictions reviewable under chapter 36.70C RCW.
[ 1995 c 347 s 716 ; 1989 c 175 s 38 .]
Finding — Severability — Part headings and table of contents not law — 1995 c 347: See notes following RCW 36... |
7.21.010 | Definitions. | The definitions in this section apply throughout this chapter: (1) "Contempt of court" means intentional: (a) Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to impair its authority, or to interrupt the due course of a trial or other judicial proceedings; (b) Disobedienc... |
7.21.020 | Sanctions—Who may impose. | A judge or commissioner of the supreme court, the court of appeals, or the superior court, a judge of a court of limited jurisdiction, and a commissioner of a court of limited jurisdiction may impose a sanction for contempt of court under this chapter.
[ 1998 c 3 s 1 ; 1989 c 373 s 2 .] |
7.21.030 | Remedial sanctions—Payment for losses. | (1) The court may initiate a proceeding to impose a remedial sanction on its own motion or on the motion of a person aggrieved by a contempt of court in the proceeding to which the contempt is related. Except as provided in RCW 7.21.050 , the court, after notice and hearing, may impose a remedial sanction authorized by... |
7.21.040 | Punitive sanctions—Fines. | (1) Except as otherwise provided in RCW 7.21.050 , a punitive sanction for contempt of court may be imposed only pursuant to this section. (2)(a) An action to impose a punitive sanction for contempt of court shall be commenced by a complaint or information filed by the prosecuting attorney or city attorney charging a p... |
7.21.050 | Sanctions—Summary imposition—Procedure. | (1) The judge presiding in an action or proceeding may summarily impose either a remedial or punitive sanction authorized by this chapter upon a person who commits a contempt of court within the courtroom if the judge certifies that he or she saw or heard the contempt. The judge shall impose the sanctions immediately a... |
7.21.060 | Administrative actions or proceedings—Petition to court for imposition of sanctions. | A state administrative agency conducting an action or proceeding or a party to the action or proceeding may petition the superior court in the county in which the action or proceeding is being conducted for a remedial sanction specified in RCW 7.21.030 for conduct specified in RCW 7.21.010 in the action or proceeding.
... |
7.21.070 | Appellate review. | A party in a proceeding or action under this chapter may seek appellate review under applicable court rules. Appellate review does not stay the proceedings in any other action, suit, or proceeding, or any judgment, decree, or order in the action, suit, or proceeding to which the contempt relates.
[ 1989 c 373 s 7 .] |
7.21.080 | Juvenile detention as remedy. | (1) It is the policy of the state of Washington to eliminate the use of juvenile detention as a remedy for contempt of a valid court order for youth under chapters 13.34 and 28A.225 RCW and child in need of services petition youth under chapter 13.32A RCW. (a) Beginning July 1, 2020, youth may not be committed to juven... |
7.24.010 | Authority of courts to render. | Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. An action or proceeding shall not be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may ... |
7.24.020 | Rights and status under written instruments, statutes, ordinances. | A person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ... |
7.24.030 | Construction of contracts. | A contract may be construed either before or after there has been a breach thereof.
[ 1935 c 113 s 3 ; RRS s 784-3.] |
7.24.050 | General powers not restricted by express enumeration. | The enumeration in RCW 7.24.020 and 7.24.030 does not limit or restrict the exercise of the general powers conferred in RCW 7.24.010 , in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
[ 1985 c 9 s 2 . Prior: 1984 c 149 s 3 ; 193... |
7.24.060 | Refusal of declaration where judgment would not terminate controversy. | The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
[ 1935 c 113 s 6 ; RRS s 784-6.] |
7.24.070 | Review. | All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees.
[ 1935 c 113 s 7 ; RRS s 784-7.] |
7.24.080 | Further relief. | Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. When the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights... |
7.24.090 | Determination of issues of fact. | When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions, in the court in which the proceeding is pending.
[ 1935 c 113 s 9 ; RRS s 784-9.] |
7.24.100 | Costs. | In any proceeding under this chapter, the court may make such award of costs as may seem equitable and just.
[ 1935 c 113 s 10 ; RRS s 784-10.] |
7.24.110 | Parties—City as party—Attorney general to be served, when. | When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, suc... |
7.24.120 | Construction of chapter. | This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.
[ 1935 c 113 s 12 ; RRS s 784-12.] |
7.24.130 | "Person" defined. | The word "person" wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.
[ 1935 c 113 s 13 ; RRS s 784-13.] |
7.24.135 | Severability—1935 c 113. | The several sections and provisions of this chapter, except RCW 7.24.010 and 7.24.020 , are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative.
[ 1935 c 113 s 14 ; RRS s 784-14.] |
7.24.140 | General purpose stated. | This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
[ 1935 c 113 s 15 ; RRS s 784-15.] |
7.24.144 | Short title. | This chapter may be cited as the Uniform Declaratory Judgments Act.
[ 1935 c 113 s 16 ; RRS s 784-16.] |
7.24.146 | Application of chapter—Validation of proceedings. | This chapter shall apply to all actions and proceedings now pending in the courts of record of the state of Washington seeking relief under the terms of the uniform declaratory judgments act [this chapter]; and all judgments heretofore rendered; and all such actions and proceedings heretofore instituted and now pending... |
7.24.190 | Court may stay proceedings and restrain parties. | The court, in its discretion and upon such conditions and with or without such bond or other security as it deems necessary and proper, may stay any ruling, order, or any court proceedings prior to final judgment or decree and may restrain all parties involved in order to secure the benefits and preserve and protect th... |
7.25.005 | Definitions. | As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise: (1) "Government entity" means the state of Washington, the state finance committee, any county, city, school district, other municipal corporation, taxing district, or any agency, instrumentality, or ... |
7.25.010 | Validity of bond issues may be tested. | Whenever the legislative or governing body of the state or any county, city, school district, other municipal corporation, taxing district, or any agency, instrumentality, or public corporation thereof shall desire to issue bonds of any kind and shall have passed an ordinance or resolution authorizing the same, the val... |
7.25.020 | Complaint—Defendants—Service—Intervention—Attorneys' fee—Notice of action. | A complaint shall be prepared and filed in the superior court by such government entity setting forth such ordinance or resolution and that it is the purpose of the plaintiff to issue and sell bonds as stated therein and that it is desired that the right of the plaintiff to so issue such bonds and sell the same shall b... |
7.25.030 | Judgment as to validity of all or part of bond issue—Effect. | The court in such action shall enter its judgment determining whether or not the bonds as proposed will be valid, and if the court finds that a portion, but not all, of the said bond issue is authorized by law, the court shall so declare, and find by its judgment what portion of such bond issue will be valid, and the j... |
7.25.040 | Other declaratory judgment provisions applicable. | Except as otherwise herein provided, all the provisions of the laws of Washington relating to declaratory judgments shall apply to the action herein provided for. The remedy and procedure herein provided shall be in addition to other remedies and procedures now provided by law.
[ 1999 c 284 s 5 ; 1939 c 153 s 4 ; RRS s... |
7.28.010 | Who may maintain actions—Service on nonresident defendant. | Any person having a valid subsisting interest in real property, and a right to the possession thereof, may recover the same by action in the superior court of the proper county, to be brought against the tenant in possession; if there is no such tenant, then against the person claiming the title or some interest therei... |
7.28.050 | Limitation of actions for recovery of real property—Adverse possession under title deducible of record. | That all actions brought for the recovery of any lands, tenements or hereditaments of which any person may be possessed by actual, open and notorious possession for seven successive years, having a connected title in law or equity deducible of record from this state or the United States, or from any public officer, or ... |
7.28.060 | Rights inhere to heirs, devisees and assigns. | The heirs, devisees and assigns of the person having such title and possession shall have the same benefit of RCW 7.28.050 as the person from whom the possession is derived.
[ 1893 c 11 s 2 ; RRS s 787.] |
7.28.070 | Adverse possession under claim and color of title—Payment of taxes. | Every person in actual, open and notorious possession of lands or tenements under claim and color of title, made in good faith, and who shall for seven successive years continue in possession, and shall also during said time pay all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the... |
7.28.080 | Color of title to vacant and unoccupied land. | Every person having color of title made in good faith to vacant and unoccupied land, who shall pay all taxes legally assessed thereon for seven successive years, he or she shall be deemed and adjudged to be the legal owner of said vacant and unoccupied land to the extent and according to the purport of his or her paper... |
7.28.083 | Adverse possession—Reimbursement of taxes or assessments—Payment of unpaid taxes or assessments—Awarding of costs and attorneys' fees. | (1) A party who prevails against the holder of record title at the time an action asserting title to real property by adverse possession was filed, or against a subsequent purchaser from such holder, may be required to: (a) Reimburse such holder or purchaser for part or all of any taxes or assessments levied on the rea... |
7.28.085 | Adverse possession—Forestland—Additional requirements—Exceptions. | (1) In any action seeking to establish an adverse claimant as the legal owner of a fee or other interest in forestland based on a claim of adverse possession, and in any defense to an action brought by the holder of record title for recovery of title to or possession of a fee or other interest in forestland where such ... |
7.28.090 | Adverse possession—Public lands—Adverse title in minors, persons under guardianship or conservatorship. | RCW 7.28.070 and 7.28.080 shall not extend to lands or tenements owned by the United States or this state, nor to school lands, nor to lands held for any public purpose. Nor shall they extend to lands or tenements when there shall be an adverse title to such lands or tenements, and the holder of such adverse title is a... |
7.28.100 | Construction. | That the provisions of RCW 7.28.050 through 7.28.100 shall be liberally construed for the purposes set forth in those sections.
[ 1893 c 11 s 6 ; RRS s 791.] |
7.28.110 | Substitution of landlord in action against tenant. | A defendant who is in actual possession may, for answer, plead that he or she is in possession only as a tenant of another, naming him or her and his or her place of residence, and thereupon the landlord, if he or she applies therefor, shall be made defendant in place of the tenant, and the action shall proceed in all ... |
7.28.120 | Pleadings—Superior title prevails. | The plaintiff in such action shall set forth in his or her complaint the nature of his or her estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff's claims; and the superior title, whether legal or equitable, shall prevail. The property shall be described with ... |
7.28.130 | Defendant must plead nature of his or her estate or right to possession. | The defendant shall not be allowed to give in evidence any estate in himself, herself, or another in the property, or any license or right to the possession thereof unless the same be pleaded in his or her answer. If so pleaded, the nature and duration of such estate, or license or right to the possession, shall be set... |
7.28.140 | Verdict of jury. | The jury by their verdict shall find as follows: (1) If the verdict be for the plaintiff, that he or she is entitled to the possession of the property described in the complaint, or some part thereof, or some undivided share or interest in either, and the nature and duration of his or her estate in such property, part ... |
7.28.150 | Damages—Limitation—Permanent improvements. | The plaintiff shall only be entitled to recover damages for withholding the property for the term of six years next preceding the commencement of the action, and for any period that may elapse from such commencement, to the time of giving a verdict therein, exclusive of the use of permanent improvements made by the def... |
7.28.160 | Defendant's counterclaim for permanent improvements and taxes paid. | In an action for the recovery of real property upon which permanent improvements have been made or general or special taxes or local assessments have been paid by a defendant, or those under whom he or she claims, holding in good faith under color or claim of title adversely to the claim of plaintiff, the value of such... |
7.28.170 | Defendant's counterclaim for permanent improvements and taxes paid—Pleadings, issues and trial on counterclaim. | The counterclaim shall set forth the value of the land apart from the improvements, and the nature and value of the improvements apart from the land and the amount of said taxes and assessments so paid, and the date of payment. Issues shall be joined and tried as in other actions, and the value of the land and the amou... |
7.28.180 | Defendant's counterclaim for permanent improvements and taxes paid—Judgment on counterclaim—Payment. | If the judgment be in favor of the plaintiff for the recovery of the realty, and of the defendant upon the counterclaim, the plaintiff shall be entitled to recover such damages as he or she may be found to have suffered through the withholding of the premises and waste committed thereupon by the defendant or those unde... |
7.28.190 | Verdict where plaintiff's right to possession expires before trial. | If the right of the plaintiff to the possession of the property expire, after the commencement of the action and before the trial, the verdict shall be given according to the fact, and judgment shall be given only for the damages.
[Code 1881 s 542; 1877 p 114 s 546 ; 1869 p 130 s 494 ; RRS s 800.] |
7.28.200 | Order for survey of property. | The court or judge thereof, on motion, and after notice to the adverse party, may, for cause shown, grant an order allowing the party applying therefor to enter upon the property in controversy and make survey and admeasurement thereof, for the purposes of the action.
[Code 1881 s 543; 1877 p 114 s 547 ; 1869 p 130 s 4... |
7.28.210 | Order for survey of property—Contents of order—Service. | The order shall describe the property, and a copy thereof shall be served upon the defendant, and thereupon the party may enter upon the property and make such survey and admeasurement; but if any unnecessary injury be done to the premises, he or she shall be liable therefor.
[ 2011 c 336 s 178 ; Code 1881 s 544; 1877 ... |
7.28.220 | Alienation by defendant, effect of. | An action for the recovery of the possession of real property against a person in possession, cannot be prejudiced by any alienation made by such person either before or after the commencement of the action; but if such alienation be made after the commencement of the action, and the defendant do not satisfy the judgme... |
7.28.230 | Mortgagee cannot maintain action for possession—Possession to collect mortgaged, pledged, or assigned rents and profits—Perfection of security interest. | (1) A mortgage of any interest in real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law: PROVIDED, That nothing in this section shall be construed as any limitation upon the right of the owner ... |
7.28.240 | Action between cotenants. | In an action by a tenant in common, or a joint tenant of real property against his or her cotenant, the plaintiff must show, in addition to his or her evidence of right, that the defendant either denied the plaintiff's right or did some act amounting to such denial.
[ 2011 c 336 s 180 ; Code 1881 s 547; 1877 p 114 s 55... |
7.28.250 | Action against tenant on failure to pay rent. | When in the case of a lease of real property and the failure of tenant to pay rent, the landlord has a subsisting right to reenter for such failure; he or she may bring an action to recover the possession of such property, and such action is equivalent to a demand of the rent and a reentry upon the property. But if at ... |
7.28.260 | Effect of judgment—Lis pendens—Vacation. | In an action to recover possession of real property, the judgment rendered therein shall be conclusive as to the estate in such property and the right of possession thereof, so far as the same is thereby determined, upon all persons claiming by, through, or under the party against whom the judgment is rendered, by titl... |
7.28.270 | Effect of vacation of judgment. | If the plaintiff has taken possession of the property before the judgment is set aside and a new trial granted, as provided in RCW 7.28.260 , such possession shall not be thereby affected in any way; and if judgment be given for defendant in the new trial, he or she shall be entitled to restitution by execution in the ... |
7.28.280 | Conflicting claims, donation law, generally—Joinder of parties. | In an action at law, for the recovery of the possession of real property, if either party claims the property as a donee of the United States, and under the act of congress approved September 27th, 1850, commonly called the "Donation law," or the acts amendatory thereof, such party, from the date of his or her settleme... |
7.28.300 | Quieting title against outlawed mortgage or deed of trust. | The record owner of real estate may maintain an action to quiet title against the lien of a mortgage or deed of trust on the real estate where an action to foreclose such mortgage or deed of trust would be barred by the statute of limitations, and, upon proof sufficient to satisfy the court, may have judgment quieting ... |
7.28.310 | Quieting title to personal property. | Any person or corporation claiming to be the owner of or interested in any tangible or intangible personal property may institute and maintain a suit against any person or corporation also claiming title to or any interest in such property for the purpose of adjudicating the title of the plaintiff to such property, or ... |
7.28.320 | Possession no defense. | The fact that any person or corporation against whom such action may be brought is in the possession of such property, or evidence of title to such property, shall not prevent the maintenance of such suit.
[ 1929 c 100 s 2 ; RRS s 809-2.] |
7.36.010 | Who may prosecute writ. | Every person restrained of his or her liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, and shall be delivered therefrom when illegal.
[ 2011 c 336 s 185 ; Code 1881 s 666; 1877 p 138 s 669 ; 1869 p 156 s 606 ; 1854 p 212 s 434 ; RRS s 1063.] |
7.36.020 | Parents, guardians, etc., may act for minors, persons under guardianship or conservatorship. | Writs of habeas corpus shall be granted in favor of parents, guardians, limited guardians where appropriate, spouses or domestic partners, and next of kin, and to enforce the rights, and for the protection of minors and persons who have been placed under a guardianship under RCW 11.130.265 or under a conservatorship un... |
7.36.030 | Petition—Contents. | Application for the writ shall be made by petition, signed and verified either by the plaintiff or by some person in his or her behalf, and shall specify: (1) By whom the petitioner is restrained of his or her liberty, and the place where, (naming the parties if they are known, or describing them if they are not known)... |
7.36.040 | Who may grant writ. | Writs of habeas corpus may be granted by the supreme court, the court of appeals, or superior court, or by any judge of such courts, and upon application the writ shall be granted without delay.
[ 1971 c 81 s 31 ; 1957 c 9 s 10 ; Code 1881 s 668; 1877 p 138 s 671 ; 1869 p 156 s 608 ; 1854 p 212 s 436 ; RRS s 1066.]
Rul... |
7.36.050 | To whom directed—Contents. | The writ shall be directed to the officer or party having the person under restraint, commanding him or her to have such person before the court or judge at such time and place as the court or judge shall direct to do and receive what shall be ordered concerning him or her, and have then and there the writ.
[ 2011 c 33... |
7.36.060 | Delivery to sheriff if to him or her directed. | If the writ be directed to the sheriff, it shall be delivered by the clerk to him or her without delay.
[ 2011 c 336 s 188 ; Code 1881 s 670; 1877 p 138 s 673 ; 1869 p 156 s 610 ; 1854 p 212 s 438 ; RRS s 1068.] |
7.36.070 | Service by sheriff if directed to another. | If the writ be directed to any other person, it shall be delivered to the sheriff and shall be by him or her served by delivering the same to such person without delay.
[ 2011 c 336 s 189 ; Code 1881 s 671; 1877 p 139 s 674 ; 1869 p 156 s 611 ; 1854 p 212 s 430 ; RRS s 1069.] |
7.36.080 | Service when person not found. | If the person to whom such writ is directed cannot be found or shall refuse admittance to the sheriff, the same may be served by leaving it at the residence of the person to whom it is directed, or by posting the same in some conspicuous place, either on his or her dwelling house or where the party is confined or under... |
7.36.090 | Return—Attachment for refusal. | The sheriff or other person to whom the writ is directed shall make immediate return thereof, and if he or she refuse after due service to make return, the court shall enforce obedience by attachment.
[ 2011 c 336 s 191 ; Code 1881 s 673; 1877 p 139 s 676 ; 1869 p 157 s 613 ; 1854 p 213 s 441 ; RRS s 1071.] |
7.36.100 | Form of return—Production of person. | The return must be signed and verified by the person making it, who shall state: (1) The authority or cause of the restraint of the party in his or her custody. (2) If the authority shall be in writing, he or she shall return a copy and produce the original on the hearing. (3) If he or she has had the party in his or h... |
7.36.110 | Procedure—Pleadings—Amendment. | The court or judge, if satisfied of the truth of the allegation of sickness or infirmity, may proceed to decide on the return, or the hearing may be adjourned until the party can be produced, or for other good cause. The plaintiff may except to the sufficiency of, or controvert the return or any part thereof, or allege... |
7.36.120 | Hearing—Determination. | The court or judge shall thereupon proceed in a summary way to hear and determine the cause, and if no legal cause be shown for the restraint or for the continuation thereof, shall discharge the party.
[Code 1881 s 676; 1877 p 139 s 679 ; 1869 p 157 s 616 ; 1854 p 213 s 444 ; RRS s 1074.]
Rules of court: ER 1101. |
7.36.130 | Limitation upon inquiry. | No court or judge shall inquire into the legality of any judgment or process whereby the party is in custody, or discharge the party when the term of commitment has not expired, in either of the cases following: (1) Upon any process issued on any final judgment of a court of competent jurisdiction except where it is al... |
7.36.140 | Duty of courts when federal question is raised. | In the consideration of any petition for a writ of habeas corpus by the supreme court or the court of appeals, whether in an original proceeding or upon an appeal, if any federal question shall be presented by the pleadings, it shall be the duty of the supreme court to determine in its opinion whether or not the petiti... |
7.36.150 | Admission to bail or discharge—Duty of court. | No person shall be discharged from an order of commitment issued by any judicial or peace officer for want of bail, or in cases not bailable on account of any defect in the charge or process, or for alleged want of probable cause; but in all cases the court or judge shall summon the prosecuting witnesses, investigate t... |
7.36.160 | Writ to admit prisoner to bail. | The writ may be had for the purpose of admitting a prisoner to bail in civil and criminal actions. When any person has an interest in the detention, and the prisoner shall not be discharged until the person having such interest is notified.
[Code 1881 s 679; 1877 p 140 s 682 ; 1869 p 158 s 619 ; 1854 p 214 s 447 ; RRS ... |
7.36.170 | Compelling attendance of witnesses. | The court or judge shall have power to require and compel the attendance of witnesses, and to do all other acts necessary to determine the case.
[Code 1881 s 680; 1877 p 140 s 683 ; 1869 p 158 s 620 ; 1854 p 214 s 448 ; RRS s 1078.]
Witnesses, compelling attendance: Chapter 5.56 RCW. |
7.36.180 | Officers protected from civil liability. | No sheriff or other officer shall be liable to a civil action for obeying any writ of habeas corpus or order of discharge made thereon.
[Code 1881 s 681; 1877 p 140 s 684 ; 1869 p 158 s 621 ; 1854 p 214 s 449 ; RRS s 1079.] |
7.36.190 | Warrant to prevent removal. | Whenever it shall appear by affidavit that any one is illegally held in custody or restraint, and that there is good reason to believe that such person will be carried out of the jurisdiction of the court or judge before whom the application is made, or will suffer some irreparable injury before compliance with the wri... |
7.36.200 | Warrant may call for apprehension of offending party. | The court or judge may also, if the same be deemed necessary, insert in the warrant a command for the apprehension of the person charged with causing the illegal restraint.
[Code 1881 s 683; 1877 p 141 s 687 ; 1869 p 159 s 623 ; 1854 p 214 s 451 ; RRS s 1081.] |
7.36.210 | Execution of warrant. | The officer shall execute the writ [warrant] by bringing the person therein named before the court or judge, and the like return of proceedings shall be required and had as in case of writs of habeas corpus.
[Code 1881 s 684; 1877 p 141 s 688 ; 1869 p 159 s 624 ; 1854 p 214 s 452 ; RRS s 1082.] |
7.36.220 | Temporary orders. | The court or judge may make any temporary orders in the cause or disposition of the party during the progress of the proceedings that justice may require. The custody of any party restrained may be changed from one person to another, by order of the court or judge.
[Code 1881 s 685; 1877 p 141 s 689 ; 1869 p 159 s 625 ... |
7.36.230 | Emergency acts on Sunday authorized. | Any writ or process authorized by this chapter may be issued and served, in cases of emergency, on Sunday.
[Code 1881 s 686; 1877 p 141 s 690 ; 1869 p 159 s 626 ; 1854 p 214 s 454 ; RRS s 1084.]
Superior court, issuance of habeas corpus on nonjudicial days: State Constitution Art. 4 s 6 (Amendment 28). |
7.36.240 | Writs and process—Issuance—Service—Defects—Amendments. | All writs and other process authorized by this chapter shall be issued by the clerk of the court, and sealed with the seal of such court, and shall be served and returned forthwith, unless the court or judge shall specify a particular time for such return. And no writ or other process shall be disregarded for any defec... |
7.36.250 | Proceeding in forma pauperis. | Any person entitled to prosecute a writ of habeas corpus who, by reason of poverty is unable to pay the costs of such proceeding or give security therefor, may file in the court having original jurisdiction of the proceeding an affidavit setting forth such facts and that he or she believes himself or herself to be enti... |
7.36.260 | Waiver of fees—Service of writ of habeas corpus issued for return of a child. | Notwithstanding RCW 36.18.040 , the sheriff may waive fees associated with service of a writ of habeas corpus that was issued for the return of a child when the person who was granted the writ is, by reason of poverty, unable to pay the cost of service.
[ 2017 c 272 s 6 .] |
7.40.010 | Who may grant restraining orders and injunctions. | Restraining orders and injunctions may be granted by the superior court, or by any judge thereof.
[ 1957 c 9 s 11 ; Code 1881 s 153; 1877 p 32 s 153 ; 1869 p 38 s 151 ; 1854 p 152 s 111 ; RRS s 718.] |
7.40.020 | Grounds for issuance. | When it appears by the complaint that the plaintiff is entitled to the relief demanded and the relief, or any part thereof, consists in restraining the commission or continuance of some act, the commission or continuance of which during the litigation would produce great injury to the plaintiff; or when during the liti... |
7.40.030 | Malicious erection of structure may be enjoined. | An injunction may be granted to restrain the malicious erection, by any owner or lessee of land, of any structure intended to spite, injure or annoy an adjoining proprietor. And where any owner or lessee of land has maliciously erected such a structure with such intent, a mandatory injunction will lie to compel its aba... |
7.40.040 | Time of granting. | The injunction may be granted at the time of commencing the action, or at any time afterwards, before judgment in that proceeding.
[Code 1881 s 155; 1877 p 33 s 155 ; 1869 p 39 s 153 ; 1854 p 153 s 113 ; RRS s 721.] |
7.40.050 | Notice—Restraining orders in emergencies. | No injunction shall be granted until it shall appear to the court or judge granting it, that some one or more of the opposite party concerned, has had reasonable notice of the time and place of making application, except that in cases of emergency to be shown in the complaint, the court may grant a restraining order un... |
7.40.060 | Affidavits at hearing. | On the hearing of an application for an injunction, each party may read affidavits.
[Code 1881 s 157; 1877 p 33 s 157 ; 1869 p 39 s 155 ; 1854 p 153 s 115 ; RRS s 723.]
Rules of court: CR 65. |
7.40.070 | Terms and conditions may be imposed. | Upon the granting or continuing an injunction, such terms and conditions may be imposed upon the party obtaining it as may be deemed equitable.
[Code 1881 s 158; 1877 p 33 s 158 ; 1869 p 39 s 156 ; 1854 p 153 s 116 ; RRS s 724.]
Rules of court: Cf. CR 65(d). |
7.40.080 | Injunction bond. | No injunction or restraining order shall be granted until the party asking it shall enter into a bond, in such a sum as shall be fixed by the court or judge granting the order, with surety to the satisfaction of the clerk of the superior court, to the adverse party affected thereby, conditioned to pay all damages and c... |
7.40.085 | Injunction bonds for injunctions affecting public construction contracts. | In determining the amount of the bond required by RCW 7.40.080 as now or hereafter amended, with respect to an injunction or restraining order that will delay or enjoin a notice to proceed or the performance of work under a construction contract for a public contracting body among the factors regarded in the exercise o... |
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