rcw_number stringlengths 8 12 | title stringlengths 4 590 | text stringlengths 17 193k |
|---|---|---|
7.40.090 | Bond for injunction after temporary restraining order. | When an injunction is granted upon the hearing, after a temporary restraining order, the plaintiff shall not be required to enter into a second bond, unless the former shall be deemed insufficient, but the plaintiff and his or her surety shall remain liable upon his or her original bond.
[ 2011 c 336 s 195 ; Code 1881 ... |
7.40.100 | Copy of order serves as writ. | It shall not be necessary to issue a writ of injunction, but the clerk shall issue a copy of the order of injunction duly certified by him or her, which shall be forthwith served by delivering the same to the adverse party.
[ 2011 c 336 s 196 ; Code 1881 s 161; 1877 p 33 s 161 ; 1869 p 39 s 159 ; 1854 p 153 s 119 ; RRS... |
7.40.110 | Stay of judgment—Release of errors. | In application to stay proceedings after judgment, the plaintiff shall endorse upon his or her complaint a release of errors in the judgment whenever required to do so by the judge or court.
[ 2011 c 336 s 197 ; Code 1881 s 162; 1877 p 33 s 162 ; 1869 p 39 s 160 ; 1854 p 153 s 120 ; RRS s 728.] |
7.40.120 | Injunction, who is bound by. | An order of injunction shall bind every person and officer restrained from the time he or she is informed thereof.
[ 2011 c 336 s 198 ; Code 1881 s 163; 1877 p 33 s 163 ; 1869 p 40 s 161 ; 1854 p 153 s 121 ; RRS s 729.] |
7.40.130 | When adverse party becomes bound. | When notice of the application for an injunction has been served upon the adverse party, it shall not be necessary to serve the order upon him or her, but he or she shall be bound by the injunction as soon as the bond required of the plaintiff is executed and delivered to the proper officer.
[ 2011 c 336 s 199 ; Code 1... |
7.40.140 | Disposition of money collected on enjoined judgment. | Money collected upon a judgment afterward enjoined, remaining in the hands of the collecting officer, shall be paid to the clerk of the court granting the injunction, subject to the order of the court.
[Code 1881 s 165; 1877 p 34 s 165 ; 1869 p 40 s 163 ; 1854 p 154 s 123 ; RRS s 731.] |
7.40.150 | Contempt for disobedience. | Whenever it shall appear to any court granting a restraining order or an order of injunction, or by affidavit, that any person has willfully disobeyed the order after notice thereof, such court shall award an attachment for contempt against the party charged, or an order to show cause why it should not issue. The attac... |
7.40.160 | Attachment and arrest—Indemnity of plaintiff. | The attachment for contempt shall be immediately served, by arresting the party charged, and bringing him or her into court, if in session, to be dealt with as in other cases of contempt; and the court shall also take all necessary measures to secure and indemnify the plaintiff against damages in the premises.
[ 2011 c... |
7.40.170 | Bond for appearance. | If the court is not in session the officer making the arrest shall cause the person to enter into a bond, with surety, to be approved by the officer, conditioned that he or she personally appear in open court whenever his or her appearance shall be required, to answer such contempt, and that he or she will pay to the p... |
7.40.180 | Motion to dissolve or modify. | Motions to dissolve or modify injunctions may be made in open court, or before a judge of the superior court, at any time after reasonable notice to the adverse party.
[ 1891 c 36 s 1 ; Code 1881 s 169; 1877 p 34 s 169 ; 1869 p 40 s 167 ; 1854 p 154 s 127 ; RRS s 735.]
Rules of court: CR 65. |
7.40.190 | Damages on dissolution of injunction to stay judgment. | When an injunction to stay proceedings after judgment for debt or damages shall be dissolved, the court shall award such damages not exceeding ten percent on the judgment, as the court may deem right, against the party in whose favor the injunction issued.
[Code 1881 s 170; 1877 p 34 s 170 ; 1869 p 41 s 168 ; 1854 p 15... |
7.40.200 | Damages for rents and waste. | If an injunction to stay proceedings after verdict or judgment in an action for the recovery of real estate, or the possession thereof, be dissolved, the damages assessed against the party obtaining the injunction, shall include the reasonable rents and profits of the lands recovered, and all waste committed after gran... |
7.40.210 | Motion to reinstate. | Upon an order being made dissolving or modifying an order of injunction, the plaintiff may move the court to reinstate the order, and the court may, in its discretion, allow the motion, and appoint a time for hearing the same before the court, or a time and place for hearing before some judge thereof, and upon the hear... |
7.40.230 | Injunctions—Fraud in obtaining telecommunications service. | (1) Whenever it appears that any person is engaged in or about to engage in any act that constitutes or will constitute a violation of RCW 9.26A.110 , 9.26A.115 , or 9.26A.090 , the prosecuting attorney, a telecommunications company, or any person harmed by an alleged violation of RCW 9.26A.110 , 9.26A.115 , or 9.26A.0... |
7.42.010 | Obscene prints and articles—Jurisdiction to enjoin. | The superior courts shall have jurisdiction to enjoin the sale or distribution of obscene prints and articles as hereinafter specified.
[ 1959 c 105 s 1 .] |
7.42.020 | Injunction authorized. | The prosecuting attorney of every county of the state, in which a person, firm, or corporation sells or distributes or offers to sell or distribute or has in his or her possession with intent to sell or distribute any book, magazine, pamphlet, comic book, story paper, writing, paper, newspaper, phonograph record, magne... |
7.42.030 | Trial by jury—Judgment. | The person, firm, or corporation sought to be enjoined shall be entitled to a trial by jury of the issues within a reasonable time after joinder of issue and a judgment shall be entered by the court within two days of the conclusion of the trial. No injunction or restraining order shall be issued prior to the conclusio... |
7.42.040 | Matter to be surrendered to sheriff—Seizure, destruction. | In the event that a final order or judgment of injunction be entered in favor of the state and against the person, firm, or corporation sought to be enjoined, such final order or judgment shall contain a provision directing the person, firm, or corporation to surrender to the sheriff of the county in which the action w... |
7.42.050 | Prosecuting attorney need not file undertaking prior to order—Nonliability. | In any action brought as herein provided, the prosecuting attorney shall not be required to file any undertaking before the issuance of an injunction order provided for in RCW 7.42.040 , shall not be liable for costs and shall not be liable for damages sustained by reason of the injunction order in cases where judgment... |
7.42.060 | Knowledge of contents chargeable after service. | Every person, firm, or corporation who sells, distributes, or acquires possession with intent to sell or distribute any of the matter described in RCW 7.42.020 , after the service upon him or her of a summons and complaint in an action brought by the prosecuting attorney pursuant to this chapter is chargeable with know... |
7.42.070 | Exemptions. | Nothing in this chapter shall apply to any recognized historical society or museum, the state law library, any county law library, the state library, the public library, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality, or other ... |
7.43.010 | Injunction authorized. | (1) Every building or unit within a building used for the purpose of unlawfully manufacturing, delivering, selling, storing, or giving away any controlled substance as defined in chapter 69.50 RCW, legend drug as defined in chapter 69.41 RCW, or imitation controlled substances as defined in chapter 69.52 RCW, and every... |
7.43.020 | Complaint—Affidavit. | The action provided for in RCW 7.43.010 shall be brought in the superior court in the county in which the property is located. Such action shall be commenced by the filing of a complaint alleging the facts constituting the nuisance. Any complaint filed under this chapter shall be verified or accompanied by affidavit. F... |
7.43.030 | Temporary restraining order or preliminary injunction. | Upon application for a temporary restraining order or preliminary injunction, the court may, upon a showing of good cause, issue an ex parte restraining order or preliminary injunction, preventing the defendant and all other persons from removing or in any manner interfering with the personal property and contents of t... |
7.43.040 | Temporary restraining order or preliminary injunction—Bond required. | A temporary restraining order or preliminary injunction shall not issue under this chapter except upon the giving of a bond or security by the applicant, in the sum that the court deems proper, but not less than one thousand dollars, for the payment of such costs and damages as may be incurred or suffered by any party ... |
7.43.050 | Priority of actions. | An action under this chapter shall have precedence over all other actions, except prior matters of the same character, criminal proceedings, election contests, hearings on temporary restraining orders and injunctions, and actions to forfeit vehicles used in violation of the uniform controlled substances act.
[ 1988 c 1... |
7.43.060 | Dismissal of citizen complaint—Limitations. | (1) If the complaint under this chapter is filed by a citizen, the complaint shall not be dismissed by the citizen for want of prosecution except upon a sworn statement made by the citizen and the citizen's attorney, if the citizen has one. The statement shall set forth the reasons why the action should be dismissed. T... |
7.43.070 | Service of complaint. | A copy of the complaint, together with a notice of the time and place of the hearing of the action shall be served upon the defendant at least one business day before the hearing. Service may also be made by posting the papers in the same manner as is provided for in RCW 7.43.030 . If the hearing is then continued at t... |
7.43.080 | Order of abatement. | (1) Except as provided in subsection (2) of this section, if the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the final judgment in the case. Plaintiff's costs in the action, including those of abatement, are a lien upon the building or unit within a building... |
7.43.090 | Final order of abatement. | Any final order of abatement issued under this chapter shall: (1) Direct the removal of all personal property subject to seizure and forfeiture pursuant to RCW 69.50.505 from the building or unit within a building, and direct their disposition pursuant to the forfeiture provisions of RCW 69.50.505 ; (2) Provide for the... |
7.43.100 | Sale of items subject to forfeiture—Use of proceeds. | In all actions brought under this chapter, the proceeds and all moneys forfeited pursuant to the forfeiture provisions of RCW 69.50.505 shall be applied as follows: (1) First, to the fees and costs of the removal and sale; (2) Second, to the allowances and costs of closing and keeping closed the building or unit within... |
7.43.110 | Violation of injunction—Contempt of court. | An intentional violation of a restraining order, preliminary injunction, or order of abatement under this chapter is a contempt of court as provided in chapter 7.21 RCW.
[ 1989 c 373 s 9 ; 1988 c 141 s 14 .] |
7.43.120 | Fine constitutes lien. | Whenever the owner of a building or unit within a building upon which the act or acts constituting the contempt have been committed, or the owner of any interest in the building or unit has been found in contempt of court, and fined in any proceedings under this chapter, the fine is a lien upon the building or unit wit... |
7.43.130 | Recovery of damages not precluded. | The abatement of a nuisance under this chapter does not prejudice the right of any person to recover damages for its past existence.
[ 1988 c 141 s 16 .] |
7.44.010 | Affidavit for writ. | Actions may be commenced upon any agreement in writing before the time for the performance of the contract expires, when the plaintiff or his or her agent shall make and file an affidavit with the clerk of the proper court, that the defendant is about to leave the state without performing or making provisions for the p... |
7.44.020 | Complaint. | At the time of filing the affidavit the plaintiff shall also file his or her complaint in the action, and thenceforth the action shall proceed as other actions at law, except as otherwise provided in this chapter.
[ 2011 c 336 s 206 ; 1891 c 42 (p 81) s 1; Code 1881 s 637; 1877 p 133 s 640 ; 1869 p 149 s 577 ; 1854 p 2... |
7.44.021 | Arrest and bail—Bond. | Upon such affidavit and complaint being filed, the clerk shall issue an order of arrest and bail, directed to the sheriff, which shall be issued, served, and returned in all respects as such orders in other cases; before such order shall issue the plaintiff shall file in the office of the clerk a bond, with sufficient ... |
7.44.030 | Recognizance of defendant. | The sheriff shall require the defendant to enter into a bond, with sufficient surety, personally to appear within the time allowed by law for answering the complaint, and to abide the order of the court; and in default thereof the defendant shall be committed to prison until discharged in due course of law; such specia... |
7.44.031 | Recognizance of defendant—Discharge by securing performance. | Instead of giving special bail, as above provided, the defendant shall be entitled to his or her discharge from custody if he or she will secure the performance of the contract to the satisfaction of the plaintiff.
[ 2011 c 336 s 209 ; Code 1881 s 639; 1877 p 133 s 642 ; 1869 p 150 s 579 ; 1854 p 209 s 421 ; RRS s 780,... |
7.44.040 | Subrogation of surety—Rights of contractor. | This proceeding may be had in favor of any surety or other person jointly bound with the defendant. It may also be prosecuted by the person in whose favor the contract exists, against any one or more of the persons bound thereby, upon filing such affidavit, when the co-contractors are nonresidents or probably insolvent... |
7.44.050 | Habeas corpus available to defendant. | The defendant may have the same remedy by writ of habeas corpus as in other cases of arrest and bail.
[Code 1881 s 641; 1877 p 134 s 644 ; 1869 p 150 s 581 ; 1854 p 210 s 423 ; RRS s 782.] |
7.44.060 | District judges have jurisdiction. | The proceedings provided for in this chapter may be had before district judges in all cases within their jurisdiction.
[ 1987 c 202 s 135 ; 1891 c 42 s 4 ; Code 1881 s 642; 1877 p 134 s 644 ; 1869 p 150 s 582 ; 1854 p 210 s 424 ; RRS s 783.]
Intent — 1987 c 202: See note following RCW 2.04.190 . |
7.44.070 | Venue. | The affidavit and bond may be filed, and proceedings had in any county where the defendants may be found.
[Code 1881 s 643; 1877 p 134 s 646 ; 1869 p 150 s 583 ; 1854 p 210 s 425 ; RRS s 784.] |
7.48.010 | Actionable nuisance defined. | The obstruction of any highway or the closing of the channel of any stream used for boating or rafting logs, lumber or timber, or whatever is injurious to health or indecent or offensive to the senses, or an obstruction to the free use of property, so as to essentially interfere with the comfortable enjoyment of the li... |
7.48.020 | Who may sue—Judgment for damages—Warrant for abatement—Injunction. | Such action may be brought by any person whose property is, or whose patrons or employees are, injuriously affected or whose personal enjoyment is lessened by the nuisance. If judgment be given for the plaintiff in such action, he or she may, in addition to the execution to enforce the same, on motion, have an order al... |
7.48.030 | Issuance and execution of warrant. | If the order be made, the clerk shall thereafter, at any time within six months, when requested by the plaintiff, issue such warrant directed to the sheriff, requiring him or her forthwith to abate the nuisance at the expense of the defendant, and return the warrant as soon thereafter as may be, with his or her proceed... |
7.48.040 | Stay of issuance of warrant. | At any time before the order is made or the warrant issues, the defendant may, on motion to the court or judge thereof, have an order to stay the issue of such warrant for such period as may be necessary, not exceeding six months, to allow the defendant to abate the nuisance himself or herself, upon his or her giving b... |
7.48.110 | Houses of lewdness, assignation or prostitution may be abated—Voluntary abatement. | If the owner of the building in which a nuisance is found to be maintained, appears and pays all costs of the proceeding, and files a bond with sureties to be approved by the clerk in the full value of the property to be ascertained by the court, conditioned that he or she will immediately abate said nuisance and preve... |
7.48.120 | Nuisance defined. | Nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, any lake or navigable r... |
7.48.130 | Public nuisance defined. | A public nuisance is one which affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal.
[Code 1881 s 1236; 1875 p 79 s 2 ; RRS s 9912.]
Crimes, nuisances: Chapter 9.66 RCW. |
7.48.140 | Public nuisances enumerated. | It is a public nuisance: (1) To cause or suffer the carcass of any animal or any offal, filth, or noisome substance to be collected, deposited, or to remain in any place to the prejudice of others; (2) To throw or deposit any offal or other offensive matter, or the carcass of any dead animal, in any watercourse, stream... |
7.48.150 | Private nuisance defined. | Every nuisance not included in the definition of RCW 7.48.130 is private.
[Code 1881 s 1237; 1875 p 79 s 3 ; RRS s 9915.] |
7.48.155 | Unlawful use of firearm or deadly weapon—Arrest required. | The unlawful use of a firearm or other deadly weapon by a person in, or adjacent to his or her dwelling, that imminently threatens the physical safety of other people in the adjacent area, so as to essentially interfere with the comfortable enjoyment of their residences, is a nuisance and may be abated, and the person ... |
7.48.160 | Authorized act not a nuisance. | Nothing which is done or maintained under the express authority of a statute, can be deemed a nuisance.
[Code 1881 s 1238; 1875 p 79 s 4 ; RRS s 9916.] |
7.48.170 | Successive owners liable. | Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of such property caused by a former owner, is liable therefor in the same manner as the one who first created it.
[Code 1881 s 1239; 1875 p 79 s 5 ; RRS s 9917.] |
7.48.180 | Abatement does not preclude action for damages. | The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.
[Code 1881 s 1240; 1875 p 79 s 6 ; RRS s 9918.] |
7.48.190 | Nuisance does not become legal by prescription. | No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.
[Code 1881 s 1241; 1875 p 80 s 7 ; RRS s 9919.] |
7.48.200 | Remedies. | The remedies against a public nuisance are: Indictment or information, a civil action, or abatement. The remedy by indictment or information shall be as regulated and prescribed in this chapter. When a civil action for damage is resorted to, the practice shall conform to RCW 7.48.010 through 7.48.040 .
[ 1957 c 51 s 12... |
7.48.210 | Civil action, who may maintain. | A private person may maintain a civil action for a public nuisance, if it is specially injurious to himself or herself but not otherwise.
[ 2011 c 336 s 218 ; Code 1881 s 1243; 1875 p 80 s 9 ; RRS s 9921.] |
7.48.220 | Abatement, by whom. | A public nuisance may be abated by any public body or officer authorized thereto by law.
[Code 1881 s 1244; 1875 p 80 s 10 ; RRS s 9922.] |
7.48.230 | Public nuisance—Abatement. | Any person may abate a public nuisance which is specially injurious to him or her by removing, or if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury.
[ 2011 c 336 s 219 ; Code 1881 s 1245; 1875 p 80 s 11 ; RRS s 9923.] |
7.48.240 | Certain places of resort declared nuisances. | Houses of ill fame, kept for the purpose, where persons are employed for purposes of prostitution; all public houses or places of resort where gambling is carried on, or permitted; all houses or places within any city, town, or village, or upon any public road, or highway where drunkenness, gambling, fighting or breach... |
7.48.250 | Penalty—Abatement. | Whoever is convicted of erecting, causing or contriving a public or common nuisance as described in this chapter, or at common law, when the same has not been modified or repealed by statute, where no other punishment therefor is specially provided, shall be punished by a fine not exceeding one thousand dollars, and th... |
7.48.260 | Warrant of abatement. | When, upon indictment or information, complaint or action, any person is adjudged guilty of a nuisance, if it be in superior court the court may in addition to the fine imposed, if any, or to the judgment for damages or costs, for which a separate execution may issue, order that such nuisance be abated, or removed at t... |
7.48.270 | Stay of warrant. | Instead of issuing such warrant, the court may order the same to be stayed upon motion of the defendant, and upon his or her entering into a bond in such sum and with such surety as the court may direct to the state, conditioned either that the defendant will discontinue said nuisance, or that within a time limited by ... |
7.48.280 | Costs of abatement. | The expense of abating a nuisance, by virtue of a warrant, can be collected by the officer in the same manner as damages and costs are collected on execution, except that the materials of any buildings, fences, or other things that may be removed as a nuisance, may be first levied upon and sold by the officer, and if a... |
7.48.300 | Agricultural activities and forest practices—Legislative finding and purpose. | The legislature finds that agricultural activities conducted on farmland and forest practices in urbanizing areas are often subjected to nuisance lawsuits, and that such suits encourage and even force the premature removal of the lands from agricultural uses and timber production. It is therefore the purpose of RCW 7.4... |
7.48.305 | Agricultural activities and forest practices—Presumed reasonable and not a nuisance—Exception—Damages. | (1) Notwithstanding any other provision of this chapter, agricultural activities conducted on farmland and forest practices, if consistent with good agricultural and forest practices and established prior to surrounding nonagricultural and nonforestry activities, are presumed to be reasonable and shall not be found to ... |
7.48.310 | Agricultural activities and forest practices—Definitions. | For the purposes of RCW 7.48.305 only: (1) "Agricultural activity" means a condition or activity which occurs on a farm in connection with the commercial production of farm products and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machiner... |
7.48.315 | Agricultural activities and forest practices—Recovering lawsuit costs—Farmers. | (1) A farmer who prevails in any action, claim, or counterclaim alleging that agricultural activity on a farm constitutes a nuisance may recover the full costs and expenses determined by a court to have been reasonably incurred by the farmer as a result of the action, claim, or counterclaim. (2) A farmer who prevails i... |
7.48.320 | Agricultural activities and forest practices—Recovering costs to investigate complaints—State and local agencies. | A state or local agency required to investigate a complaint alleging agricultural activity on a farm is in violation of specified laws, rules, or ordinances and where such activity is not found to be in violation of such specified laws, rules, or ordinances may recover its full investigative costs and expenses if a cou... |
7.48.330 | Firearm industry—Public nuisance. | (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Firearm industry member" means a person engaged in the wholesale or retail sale, manufacturing, distribution, importing, or marketing of a firearm industry product, or any officer or agent to act on ... |
7.48.905 | Severability—1979 c 122. | 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.
[ 1979 c 122 s 4 .] |
7.48A.010 | Definitions. | The definitions set forth in this section shall apply throughout this chapter. (1) "Knowledge" or "knowledge of such nuisance" means having knowledge of the contents and character of the patently offensive sexual or violent conduct which appears in the lewd matter, or knowledge of the acts of lewdness or prostitution w... |
7.48A.020 | Moral nuisances—Declaration of. | The following are declared to be moral nuisances: (1) Any and every place in the state where lewd films are publicly exhibited as a regular course of business, or possessed for the purpose of such exhibition, or where lewd live performances are publicly exhibited as a regular course of business; (2) Any and every lewd ... |
7.48A.030 | Civil actions—Who may bring. | Any of the following parties may bring a civil action in the superior court of any county where a moral nuisance is alleged to have been maintained: (1) The prosecuting attorney for the county where the alleged moral nuisance is located; (2) The city attorney for the city where the alleged moral nuisance is located; or... |
7.48A.040 | Maintenance of moral nuisance—Fine—Maximum. | (1) No person shall with knowledge maintain a moral nuisance. (2) Upon a determination that a defendant has with knowledge maintained a moral nuisance, the court shall impose a civil fine and judgment of an amount as the court shall determine to be appropriate. In imposing the civil fine, the court shall consider the w... |
7.48A.050 | Fines—Payment. | All civil fines assessed under RCW 7.48A.040 shall be paid into the general treasury of the governmental unit commencing the civil action.
[ 1985 c 235 s 2 ; 1982 c 184 s 5 .]
Severability — 1985 c 235: See note following RCW 7.48A.040 . |
7.48A.060 | Exceptions to application of chapter. | Nothing in this chapter applies to the circulation of any material by any recognized historical society or museum, any library of any college or university, or to any archive or library under the supervision and control of the state, county, municipality, or other political subdivision.
[ 1982 c 184 s 6 .] |
7.48A.070 | Findings. | The legislature finds that actions against moral nuisances as declared in RCW 7.48A.020 (1) through (4) involve balancing the safeguards necessary to protect constitutionally protected speech and the community and law enforcement efforts to curb dissemination of obscene matters. The legislature finds that the difficult... |
7.48A.080 | Temporary injunction. | After the plaintiff files a civil action under this chapter, the plaintiff may apply to the superior court in which the plaintiff filed the action for a temporary or preliminary injunction. The court shall grant a hearing within ten days after the plaintiff applies for a temporary injunction.
[ 1989 c 70 s 2 .] |
7.48A.090 | Restraining order—Service—Violation of order or injunction. | After the plaintiff applies for a temporary or preliminary injunction, the court may, upon a showing of good cause, issue an ex parte restraining order restraining the defendant and all other persons from removing or in any manner interfering with the personal property and contents of the place where the nuisance is al... |
7.48A.100 | When bond or security not required. | A bond or security shall not be required of the city attorney, the prosecuting attorney, or the attorney general.
[ 1989 c 70 s 4 .] |
7.48A.110 | Hearing—Service of notice. | A copy of the complaint, together with a notice of the time and place of the hearing on the application for a temporary injunction, shall be served upon the defendant at least three business days before the hearing. Service may also be made by posting the required documents in the same manner as is provided in RCW 7.48... |
7.48A.120 | Production of discovery materials—Temporary injunction. | If the court finds at the hearing for an injunction, that the accounting, inventory, personal property, and contents of the place alleged to be a nuisance provide evidence of a moral nuisance as defined by RCW 7.48A.020 (1) through (4), the court may order the defendant to produce to the plaintiff a limited number of o... |
7.48A.130 | Precedence of hearing on injunction. | The hearing on the injunction shall have precedence over all other actions, except prior matters of the same character, criminal proceedings, election contests, hearings on temporary restraining orders and injunctions, and actions to forfeit vehicles used in violation of the uniform controlled substances act, chapter 6... |
7.48A.140 | Violation of order or injunction—Penalties. | An intentional violation of a restraining order, preliminary injunction, or injunction under this chapter is punishable as a contempt of court.
[ 1989 c 70 s 8 .] |
7.52.010 | Persons entitled to bring action. | When several persons hold and are in possession of real property as tenants in common, in which one or more of them have an estate of inheritance, or for life or years, an action may be maintained by one or more of such persons, for a partition thereof, according to the respective rights of the persons interested there... |
7.52.020 | Requisites of complaint. | The interest of all persons in the property shall be set forth in the complaint specifically and particularly as far as known to the plaintiff, and if one or more of the parties, or the share or quantity of interest of any of the parties be unknown to the plaintiff, or be uncertain or contingent, or the ownership of th... |
7.52.030 | Lien creditors as parties defendant. | The plaintiff may, at his or her option, make creditors having a lien upon the property or any portion thereof, other than by a judgment or decree, defendants in the suit. When the lien is upon an undivided interest or estate of any of the parties, such lien, if a partition be made, is thenceforth a lien only on the sh... |
7.52.040 | Notice. | The notice shall be directed by name to all the tenants in common, who are known, and in the same manner to all lien creditors who are made parties to the suit, and generally to all persons unknown, having or claiming an interest or estate in the property.
[Code 1881 s 555; 1877 p 117 s 560 ; 1869 p 133 s 508 ; RRS s 8... |
7.52.050 | Service by publication. | If a party, having a share or interest in, or lien upon the property, be unknown, or either of the known parties reside out of the state or cannot be found therein, and such fact be made to appear by affidavit, the notice may be served by publication, as in ordinary cases. When service is made by publication, the notic... |
7.52.060 | Answer—Contents. | The defendant shall set forth in his or her answer, the nature, and extent of his or her interest in the property, and if he or she be a lien creditor, how such lien was created, the amount of the debt secured thereby and remaining due, and whether such debt is secured in any other way, and if so, the nature of such ot... |
7.52.070 | Trial—Proof must be taken. | The rights of the several parties, plaintiffs as well as defendants, may be put in issue, tried and determined in such suit, and where a defendant fails to answer, or where a sale of the property is necessary, the title shall be ascertained by proof to the satisfaction of the court, before the decree for partition or s... |
7.52.080 | Order of sale or partition. | If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint, to the satisfaction of the court, that the property or any part of it, is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale t... |
7.52.090 | Partition, how made. | In making the partition, the referees shall divide the property, and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, designating the several portions by proper landmarks, and may emplo... |
7.52.100 | Report of referees, confirmation—Effect. | The court may confirm or set aside the report in whole or in part, and if necessary, appoint new referees. Upon the report being confirmed a decree shall be entered that such partition be effectual forever, which decree shall be binding and conclusive: (1) On all parties named therein, and their legal representatives w... |
7.52.110 | Decree does not affect tenant. | Such decree and partition shall not affect any tenants for years or for life, of the whole of the property which is the subject of partition, nor shall such decree and partition preclude any persons, except such as are specified in RCW 7.52.100 , from claiming title to the property in question, or from controverting th... |
7.52.120 | Costs. | The expenses of the referees, including those of a surveyor and his or her assistants, when employed, shall be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the referees, shall be paid by the plaintiff and may be allowed as costs.
[ 2011 c 336 s 223 ; Code 1881 s... |
7.52.130 | Sale of property. | If the referees report to the court that the property, of which partition shall have been decreed, or any separate portion thereof is so situated that a partition thereof cannot be made without great prejudice to the owners, and the court is satisfied that such report is correct, it may thereupon by an order direct the... |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.