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7.70.030 | Propositions required to be established—Burden of proof. | No award shall be made in any action or arbitration for damages for injury occurring as the result of health care which is provided after June 25, 1976, unless the plaintiff establishes one or more of the following propositions: (1) That injury resulted from the failure of a health care provider to follow the accepted ... |
7.70.040 | Necessary elements of proof that injury resulted from failure to follow accepted standard of care—COVID-19 pandemic. | (1) The following shall be necessary elements of proof that injury resulted from the failure of the health care provider to follow the accepted standard of care: (a) The health care provider failed to exercise that degree of care, skill, and learning expected of a reasonably prudent health care provider at that time in... |
7.70.050 | Failure to secure informed consent—Necessary elements of proof—Emergency situations. | (1) The following shall be necessary elements of proof that injury resulted from health care in a civil negligence case or arbitration involving the issue of the alleged breach of the duty to secure an informed consent by a patient or his or her representatives against a health care provider: (a) That the health care p... |
7.70.060 | Consent form—Contents—Prima facie evidence—Shared decision making—Patient decision aid—Failure to use. | (1) If a patient who has capacity to make health a care [a health care] decision, or his or her representative if he or she does not have the capacity to make a health care decision, signs a consent form which sets forth the following, the signed consent form shall constitute prima facie evidence that the patient gave ... |
7.70.065 | Informed consent—Persons authorized to provide for patients who do not have capacity—Priority—Unaccompanied homeless minors. | (1) Informed consent for health care for a patient who does not have the capacity to make a health care decision may be obtained from a person authorized to consent on behalf of such patient. For purposes of this section, a person who is of the age of consent to make a particular health care decision is presumed to hav... |
7.70.068 | Informed consent—May be contained in mental health advance directive. | Consent to treatment or admission contained in a validly executed mental health advance directive constitutes informed consent for purposes of this chapter.
[ 2003 c 283 s 30 .] |
7.70.070 | Attorneys' fees. | The court shall, in any action under this chapter, determine the reasonableness of each party's attorneys fees. The court shall take into consideration the following: (1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2)... |
7.70.080 | Evidence of compensation from other source. | Any party may present evidence to the trier of fact that the plaintiff has already been compensated for the injury complained of from any source except the assets of the plaintiff, the plaintiff's representative, or the plaintiff's immediate family. In the event such evidence is admitted, the plaintiff may present evid... |
7.70.090 | Hospital governing bodies—Liability—Limitations. | Members of the board of directors or other governing body of a public or private hospital are not individually liable for personal injuries or death resulting from health care administered by a health care provider granted privileges to provide health care at the hospital unless the decision to grant the privilege to p... |
7.70.100 | Mandatory mediation of health care claims—Procedures. | (1) Before a superior court trial, all causes of action, whether based in tort, contract, or otherwise, for damages arising from injury occurring as a result of health care provided after July 1, 1993, shall be subject to mandatory mediation prior to trial except as provided in subsection (4) of this section. (2) The s... |
7.70.110 | Mandatory mediation of health care claims—Tolling statute of limitations. | The making of a written, good faith request for mediation of a dispute related to damages for injury occurring as a result of health care prior to filing a cause of action under this chapter shall toll the statute of limitations provided in RCW 4.16.350 for one year.
[ 1996 c 270 s 1 ; 1993 c 492 s 420 .]
Findings — In... |
7.70.120 | Mandatory mediation of health care claims—Right to trial not abridged. | RCW 7.70.100 may not be construed to abridge the right to trial by jury following an unsuccessful attempt at mediation.
[ 1993 c 492 s 421 .]
Findings — Intent — 1993 c 492: See notes following RCW 43.20.050 .
Short title — Savings — Reservation of legislative power — Effective dates — 1993 c 492: See RCW 43.72.910 thr... |
7.70.130 | Mandatory mediation of health care claims—Exempt from arbitration mandate. | A cause of action that has been mediated as provided in RCW 7.70.100 shall be exempt from any superior court civil rules mandating arbitration of civil actions or participation in settlement conferences prior to trial.
[ 1993 c 492 s 423 .]
Findings — Intent — 1993 c 492: See notes following RCW 43.20.050 .
Short title... |
7.70.140 | Medical malpractice closed claim reporting requirements. | (1) As used in this section: (a) "Claim" has the same meaning as in RCW 48.140.010 (1). (b) "Claimant" has the same meaning as in RCW 48.140.010 (2). (c) "Commissioner" has the same meaning as in RCW 48.140.010 (4). (d) "Medical malpractice" has the same meaning as in RCW 48.140.010 (9). (2)(a) For claims settled or ot... |
7.70.160 | Frivolous claims. | In any action under this section [chapter], an attorney that has drafted, or assisted in drafting and filing an action, counterclaim, cross-claim, third-party claim, or a defense to a claim, upon signature and filing, certifies that to the best of the party's or attorney's knowledge, information, and belief, formed aft... |
7.70A.010 | Actions for personal injury or wrongful death—Arbitration authorized. | This chapter applies to any cause of action for damages for personal injury or wrongful death based on alleged professional negligence in the provision of health care where all parties to the action have agreed to submit the dispute to arbitration under this chapter in accordance with the requirements of RCW 7.70A.020 ... |
7.70A.020 | Election to submit to arbitration—Procedures. | (1) Parties in an action covered under RCW 7.70A.010 may elect to submit the dispute to arbitration under this chapter in accordance with the requirements in this section. (a) A claimant may elect to submit the dispute to arbitration under this chapter by including such election in the complaint filed at the commenceme... |
7.70A.030 | Selection of arbitrator. | (1) An arbitrator shall be selected by agreement of the parties no later than forty-five days after: (a) The date all defendants elected arbitration in the answer where the parties elected arbitration in the initial complaint and answer; or (b) the date of the stipulation where the parties agreed to enter into arbitrat... |
7.70A.040 | Arbitration proceedings—Experts—Discovery. | The arbitrator may conduct the arbitration in such manner as the arbitrator considers appropriate so as to aid in the fair and expeditious disposition of the proceeding subject to the requirements of this section and RCW 7.70A.050 . (1)(a) Except as provided in (b) of this subsection, each party is entitled to two expe... |
7.70A.050 | Arbitration time frames. | (1) An arbitration under this chapter shall be conducted according to the time frames specified in this section. The time frames provided in this section run from the date all defendants have agreed to arbitration in their answers where the parties elected arbitration in the initial complaint and answer, and from the d... |
7.70A.060 | Issuance of decision—Limitation on award of damages—Fees and expenses. | (1) The arbitrator shall issue a decision in writing and signed by the arbitrator within fourteen days after the completion of the arbitration hearing and shall promptly deliver a copy of the decision to each of the parties or their attorneys. (2) The arbitrator may not make an award of damages under this chapter that ... |
7.70A.070 | Motion for judgment. | After a party to the arbitration proceeding receives notice of a decision, the party may file a motion with the court for a judgment in accordance with the decision, at which time the court shall issue such a judgment unless the decision is modified, corrected, or vacated as provided in RCW 7.70A.080 .
[ 2006 c 8 s 311... |
7.70A.080 | Appeal of decision. | There is no right to a trial de novo on an appeal of the arbitrator's decision. An appeal of the arbitrator's decision is limited to the bases for appeal provided in RCW 7.04A.230 (1) (a) through (d) and 7.04A.240 , or equivalent provisions in a successor statute.
[ 2006 c 8 s 312 .] |
7.70A.090 | Application of chapter7.04ARCW. | The provisions of chapter 7.04A RCW do not apply to arbitrations conducted under this chapter except to the extent specifically provided in this chapter.
[ 2006 c 8 s 313 .] |
7.70A.900 | Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8. | See notes following RCW 5.64.010 . |
7.71.010 | Legislative finding. | The legislature finds the assurance of quality and cost-effectiveness in the delivery of health care can be assisted through the review of health care by health care providers. It also recognizes that some peer review decisions may be based on factors other than competence or professional conduct. Although it finds tha... |
7.71.020 | Federal law applicable in Washington state. | Pursuant to P.L. 99-660 Sec. 411(c)(2), Title IV of that act shall apply in Washington state as of July 26, 1987.
[ 1987 c 269 s 2 .] |
7.71.030 | Actions by health care peer review body—Exclusive remedy. | (1) If the limitation on damages under RCW 7.71.020 and P.L. 99-660 Sec. 411(a)(1) does not apply, this section shall provide the exclusive remedies in any lawsuit by a health care provider for any action taken by a professional peer review body of health care providers as defined in RCW 7.70.020 . (2) Remedies shall b... |
7.71.035 | Actions by health care peer review body—Award of costs to substantially prevailing party. | (1) Except as provided for in subsection (2) of this section, at the conclusion of an action under RCW 7.71.030 the court shall award to the substantially prevailing party the costs of the suit attributable to any claim or defense asserted in the action by the nonprevailing party, including reasonable attorneys' fees, ... |
7.71.040 | Chapter does not limit or repeal other immunities conferred by law. | Nothing in this chapter limits or repeals any other immunities conferred upon participants in the peer review process contained in any other state or federal law.
[ 1987 c 269 s 4 .] |
7.71.050 | Medical staff privileges and membership—Revocation, suspension, reduction. | (1) A medical staff privilege sanction process that results in a revocation, suspension, or reduction of medical staff privileges or membership at a health care facility must meet the requirements of RCW 70.41.200 (1)(b). (2) A professional peer review action taken by a health care facility that imposes a revocation, s... |
7.72.010 | Definitions. | For the purposes of this chapter, unless the context clearly indicates to the contrary: (1) Product seller. "Product seller" means any person or entity that is engaged in the business of selling products, whether the sale is for resale, or for use or consumption. The term includes a manufacturer, wholesaler, distributo... |
7.72.020 | Scope. | (1) The previous existing applicable law of this state on product liability is modified only to the extent set forth in this chapter. (2) Nothing in this chapter shall prevent the recovery of direct or consequential economic loss under Title 62A RCW.
[ 1981 c 27 s 3 .] |
7.72.030 | Liability of manufacturer. | (1) A product manufacturer is subject to liability to a claimant if the claimant's harm was proximately caused by the negligence of the manufacturer in that the product was not reasonably safe as designed or not reasonably safe because adequate warnings or instructions were not provided. (a) A product is not reasonably... |
7.72.040 | Liability of product seller other than manufacturer—Exception. | (1) Except as provided in subsection (2) of this section, a product seller other than a manufacturer is liable to the claimant only if the claimant's harm was proximately caused by: (a) The negligence of such product seller; or (b) Breach of an express warranty made by such product seller; or (c) The intentional misrep... |
7.72.050 | Relevance of industry custom, technological feasibility, and nongovernmental, legislative or administrative regulatory standards. | (1) Evidence of custom in the product seller's industry, technological feasibility or that the product was or was not, in compliance with nongovernmental standards or with legislative regulatory standards or administrative regulatory standards, whether relating to design, construction or performance of the product or t... |
7.72.060 | Length of time product sellers are subject to liability. | (1) Useful safe life. (a) Except as provided in subsection (1)(b) hereof, a product seller shall not be subject to liability to a claimant for harm under this chapter if the product seller proves by a preponderance of the evidence that the harm was caused after the product's "useful safe life" had expired. "Useful safe... |
7.72.070 | Food and beverage consumption. | (1) Any manufacturer, packer, distributor, carrier, holder, marketer, or seller of a food or nonalcoholic beverage intended for human consumption, or an association of one or more such entities, shall not be subject to civil liability in an action brought by a private party based on an individual's purchase or consumpt... |
7.75.010 | Legislative findings and intent. | (1) The legislature finds and declares that: (a) The resolution of many disputes can be costly and complex in a judicial setting where the parties involved are necessarily in an adversary posture and subject to formalized procedures; and (b) Alternative dispute resolution centers can meet the needs of Washington's citi... |
7.75.020 | Dispute resolution center—Creation—Plan—Approval by county or municipality. | (1) A dispute resolution center may be created and operated by a municipality, county, or by a corporation organized exclusively for the resolution of disputes or for charitable or educational purposes. The corporation shall not be organized for profit, and no part of the net earnings may inure to the benefit of any pr... |
7.75.030 | Services to be provided without charge or for fee based on ability to pay. | A dispute resolution center established under this chapter shall provide dispute resolution services either without charge to the participants or for a fee which is based on the participant's ability to pay.
[ 1984 c 258 s 503 .]
Court Improvement Act of 1984 — Effective dates — Severability — Short title — 1984 c 258:... |
7.75.035 | Surcharge by county legislative authority. | (1) A county legislative authority may impose a surcharge of up to ten dollars on each civil filing fee in district court and a surcharge of up to fifteen dollars on each filing fee for small claims actions for the purpose of funding dispute resolution centers established under this chapter. (2) Any surcharge imposed s... |
7.75.040 | Dispute resolution agreement required—When admissible as evidence. | (1) In conducting a dispute resolution process, a center established under this chapter shall require: (a) That the disputing parties enter into a written agreement which expresses the method by which they shall attempt to resolve the issues in dispute; and (b) That at the conclusion of the dispute resolution process, ... |
7.75.050 | Confidentiality of centers' files, etc.—Exception—Privileged communications. | Regardless of any provision to the contrary in *chapter 42.17 RCW, all memoranda, work notes or products, or case files of centers established under this chapter are confidential and privileged and are not subject to disclosure in any judicial or administrative proceeding unless the court or administrative tribunal det... |
7.75.060 | Withdrawal from dispute resolution process. | Any person who voluntarily enters a dispute resolution process at a center established under this chapter may revoke his or her consent, withdraw from dispute resolution, and seek judicial or administrative redress prior to reaching a written resolution agreement. The withdrawal shall be in writing. No legal penalty, s... |
7.75.070 | Center may seek and expend funds. | A dispute resolution center established under this chapter may seek and accept contributions from counties and municipalities, agencies of the state and federal governments, private sources, and any other available funds, and may expend the funds to carry out the purposes of this chapter.
[ 1984 c 258 s 507 .]
Court Im... |
7.75.080 | Statutes of limitations tolled until dispute resolution process concluded. | Any applicable statute of limitations shall be tolled as to participants in dispute resolution at a center established under this chapter during the period which begins with the date of the participants' execution of the written agreement required by RCW 7.75.040 (1)(a) and ends on the date that a written agreement at ... |
7.75.090 | Application of chapter. | Nothing in this chapter precludes any person or persons not operating under RCW 7.75.020 from providing dispute resolution services. However, the provisions of RCW 7.75.050 , relating to confidentiality, and RCW 7.75.080 , relating to statutes of limitation, apply only to proceedings conducted by a dispute resolution c... |
7.75.100 | Immunity from civil action. | (1) Members of the board of directors of a dispute resolution center are immune from suit in any civil action based upon any proceedings or other official acts performed in good faith as members of the board. (2) Employees and volunteers of a dispute resolution center are immune from suit in any civil action based on a... |
7.77.010 | Definitions. | In this chapter: (1) "Collaborative law communication" means a statement, whether oral or in a record, or verbal or nonverbal, that: (a) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and (b) Occurs after the parties sign a collaborative law participation agreement and before th... |
7.77.020 | Applicability. | (1) This chapter applies to a collaborative law participation agreement that meets the requirements of RCW 7.77.030 signed on or after July 28, 2013. (2) The use of collaborative law applies only to matters that would be resolved in civil court and may not be used to resolve matters in criminal cases.
[ 2013 c 119 s 3 ... |
7.77.030 | Collaborative law participation agreement—Requirements. | (1) A collaborative law participation agreement must: (a) Be in a record; (b) Be signed by the parties; (c) State the parties' intention to resolve a collaborative matter through a collaborative law process under this chapter; (d) Describe the nature and scope of the matter; (e) Identify the collaborative lawyer who re... |
7.77.040 | Beginning and concluding collaborative law process. | (1) A collaborative law process begins when the parties sign a collaborative law participation agreement. (2) A tribunal may not order a party to participate in a collaborative law process over that party's objection. (3) A collaborative law process is concluded by a: (a) Resolution of a collaborative matter as evidenc... |
7.77.050 | Proceedings pending before tribunal—Status report. | (1) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. Parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to subsection (3) of this section and RCW 7.... |
7.77.060 | Emergency order. | During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or of a family or household member or intimate partner, as defined in RCW 7.105.010 .
[ 2021 c 215 s 91 ; 2020 c 29 s 1 ; 2013 c 119 s 7 .]
Effective date — 2022 c 268; 2021 c 215: Se... |
7.77.070 | Approval of agreement by tribunal. | A tribunal may approve an agreement resulting from a collaborative law process.
[ 2013 c 119 s 8 .] |
7.77.080 | Disqualification of collaborative lawyer and lawyers in associated law firm. | (1) Except as otherwise provided in subsection (3) of this section, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter. (2) Except as otherwise provided in subsection (3) of this section and RCW 7.77.090 , a lawyer in a law fi... |
7.77.090 | Governmental entity as party. | (1) The disqualification of RCW 7.77.080 (1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality. (2) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent ... |
7.77.100 | Disclosure of information. | Except as provided by law other than this chapter, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed ... |
7.77.110 | Standards of professional responsibility and mandatory reporting not affected. | (1) This chapter does not affect the professional responsibility obligations and standards applicable to a lawyer or other licensed professional or relieve a lawyer or other licensed professional from the duty to comply with all applicable professional responsibility obligations and standards. (2) This chapter does not... |
7.77.120 | Appropriateness of collaborative law process. | Before a prospective party signs a collaborative law participation agreement, the prospective party must: (1) Be advised as to whether a collaborative law process is appropriate for the prospective party's matter; (2) Be provided with sufficient information to make an informed decision about the material benefits and r... |
7.77.130 | Coercive or violent relationship among parties. | (1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party. (2) Throughout a collaborative law process, a collaborative... |
7.77.140 | Confidentiality of collaborative law communication. | Subject to RCW 7.77.110 , a collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this state other than this chapter.
[ 2013 c 119 s 15 .] |
7.77.150 | Privilege against disclosure for collaborative law communication—Admissibility—Discovery. | (1) Subject to RCW 7.77.160 and 7.77.170 , a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence. (2) In a proceeding, the following privileges apply: (a) A party may refuse to disclose, and may prevent any other person from ... |
7.77.160 | Waiver and preclusion of privilege. | (1) A privilege under RCW 7.77.150 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant. (2) A person that makes a disclosure or representation about a collabo... |
7.77.170 | Limits of privilege. | (1) There is no privilege under RCW 7.77.150 for a collaborative law communication that is: (a) Available to the public under chapter 42.56 RCW or made during a session of a collaborative law process that is open, or is required by law to be open, to the public; (b) A threat or statement of a plan to inflict bodily inj... |
7.77.180 | Authority of tribunal in case of noncompliance. | (1) If an agreement fails to meet the requirements of RCW 7.77.030 , or a lawyer fails to comply with RCW 7.77.120 or 7.77.130 , a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they: (a) Signed a record indicating an intention to enter into a collab... |
7.77.900 | Short title. | This chapter may be known and cited as the "uniform collaborative law act."
[ 2013 c 119 s 1 .] |
7.77.901 | Uniformity of application and construction. | In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2013 c 119 s 20 .] |
7.77.902 | Relation to electronic signatures in global and national commerce act. | This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(... |
7.80.005 | Legislative finding—1987 c 456. | The legislature finds that many minor offenses that are established as misdemeanors are obsolete or can be more appropriately punished by the imposition of civil fines. The legislature finds that some misdemeanors should be decriminalized to allow resources of the legal system, such as judges, prosecutors, juries, and ... |
7.80.010 | Jurisdiction of courts. | (1) All violations of state law, local law, ordinance, regulation, or resolution designated as civil infractions may be heard and determined by a district court, except as otherwise provided in this section. (2) Any municipal court has the authority to hear and determine pursuant to this chapter civil infractions that ... |
7.80.020 | Issuance of process. | Notwithstanding any other provision of law governing service of process in civil cases, a court of limited jurisdiction having jurisdiction over an alleged civil infraction may issue process anywhere within the state.
[ 1987 c 456 s 10 .] |
7.80.030 | Training of judicial officers. | All judges and court commissioners adjudicating civil infractions shall complete such training requirements as are promulgated by the supreme court.
[ 1987 c 456 s 11 .] |
7.80.040 | "Enforcement officer" defined. | As used in this chapter, "enforcement officer" means a person authorized to enforce the provisions of the title or ordinance in which the civil infraction is established.
[ 1987 c 456 s 12 .] |
7.80.050 | Notice of infraction—Issuance, service, filing. | (1) A civil infraction proceeding is initiated by the issuance, service, and filing of a notice of civil infraction. (2) A notice of civil infraction may be issued by an enforcement officer when the civil infraction occurs in the officer's presence. (3) A court may issue a notice of civil infraction if an enforcement o... |
7.80.060 | Person receiving notice—Identification and detention. | A person who is to receive a notice of civil infraction under RCW 7.80.050 is required to identify himself or herself to the enforcement officer by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a driver's license or ide... |
7.80.070 | Notice—Determination final unless contested—Form. | (1) A notice of civil infraction represents a determination that a civil infraction has been committed. The determination is final unless contested as provided in this chapter. (2) The form for the notice of civil infraction shall be prescribed by rule of the supreme court and shall include the following: (a) A stateme... |
7.80.080 | Response to notice—Contesting determination—Mitigating circumstances—Hearing—Failure to respond or appear. | (1) Any person who receives a notice of civil infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice. (2) If the person determined to have committed the civil infraction does not contest the determination, the person shall respond by completing the appropriate ... |
7.80.090 | Hearings—Rules of procedure—Counsel. | (1) Procedures for the conduct of all hearings provided in this chapter may be established by rule of the supreme court. (2) Any person subject to proceedings under this chapter may be represented by counsel. (3) The attorney representing the state, county, city, town, or transit agency authorized to issue civil infrac... |
7.80.100 | Hearings—Contesting determination that infraction committed—Appeal. | (1) A hearing held for the purpose of contesting the determination that a civil infraction has been committed shall be without a jury and shall be recorded in the manner provided for in courts of limited jurisdiction. (2) The court may consider the notice of civil infraction and any other written report made under oath... |
7.80.110 | Hearings—Explanation of mitigating circumstances. | (1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of a civil infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that a civil infraction has been committed may not be contested at a hearing held for the... |
7.80.120 | Monetary penalties—Restitution. | (1) A person found to have committed a civil infraction shall be assessed a monetary penalty. (a) The maximum penalty and the default amount for a class 1 civil infraction shall be $250, not including statutory assessments, except for an infraction of state law involving (i) potentially dangerous litter as specified in... |
7.80.130 | Order of court—Civil nature—Modification of penalty—Community restitution. | (1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature. (2) The court may waive, reduce, or suspend ... |
7.80.140 | Costs and attorney fees. | Each party to a civil infraction case is responsible for costs incurred by that party, but the court may assess witness fees against a nonprevailing respondent. Attorney fees may be awarded to either party in a civil infraction case.
[ 1987 c 456 s 22 .] |
7.80.150 | Notices—Record of—Cancellation prohibited, penalty—Audit. | (1) Every law enforcement agency in this state or other agency authorized to issue notices of civil infractions shall provide in appropriate form notices of civil infractions which shall be issued in books with notices in quadruplicate and meeting the requirements of this section, or issued by an electronic device capa... |
7.80.160 | Failure to exercise notice options—Failure to satisfy penalty. | (1) Any person who, after receiving a statement of the options provided in this chapter for responding to the notice of civil infraction and the procedures necessary to exercise these options, fails to exercise one of the options in a timely manner is guilty of a misdemeanor regardless of the disposition of the notice ... |
7.80.900 | Decriminalization of certain municipal ordinances. | Any municipal criminal ordinance in existence on the January 1, 1989, which is the same as or substantially similar to a statute which is decriminalized by sections 25 through 30 and 32, chapter 456, Laws of 1987 is deemed to be civil in nature and shall be punished as provided in this chapter.
[ 1987 c 456 s 31 .] |
7.80.901 | Effective date—1987 c 456 ss 9-31. | Sections 9 through 31 of this act shall take effect January 1, 1989.
[ 1987 c 456 s 34 .] |
7.84.010 | Legislative declaration. | The legislature declares that decriminalizing certain offenses contained in Titles *75, 76, 77, 79, and 79A RCW and chapter 43.30 RCW and any rules adopted pursuant to those titles and chapters would promote the more efficient administration of those titles and chapters. The purpose of this chapter is to provide a just... |
7.84.020 | "Infraction" defined. | The definition in this section applies throughout this chapter unless the context clearly requires otherwise. "Infraction" means an offense which, by the terms of Title 76 , 77 , 79 , or 79A RCW or RCW 7.84.030 (2)(b) or 70A.200.060 , and rules adopted under these titles and sections, is declared not to be a criminal o... |
7.84.030 | Notice of infraction—Issuance—Authorization for detention for a reasonable period—Service—Filing. | (1) An infraction proceeding is initiated by the issuance and service of a printed notice of infraction and filing of a printed or electronic copy of the notice of infraction. (2)(a) A notice of infraction may be issued by a person authorized to enforce the provisions of the title or chapter in which the infraction is ... |
7.84.040 | Jurisdiction of court—Venue. | (1) Infraction proceedings may be heard and determined by a district court. (2) Infraction proceedings shall be brought in the district court district in which the infraction occurred. If an infraction takes place in the offshore waters, as defined in RCW 77.08.010 , the infraction proceeding may be brought in any coun... |
7.84.050 | Notice—Determination final unless contested—Form. | (1) A notice of infraction represents a determination that an infraction has been committed. The determination shall be final unless contested as provided in this chapter. (2) The form for the notice of infraction shall be prescribed by rule of the supreme court and shall include the following: (a) A statement that the... |
7.84.060 | Response to notice—Contesting determination—Mitigating circumstances—Hearing—Failure to respond or appear—Penalty. | (1) Any person who receives a notice of infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice. (2) If the person determined to have committed the infraction does not contest the determination, the person shall respond by completing the appropriate portion of t... |
7.84.070 | Hearing—Rules of procedure—Counsel. | (1) Procedures for the conduct of all hearings provided for in this chapter may be established by rule of the supreme court. (2) Any person subject to proceedings under this chapter may be represented by counsel. (3) The attorney representing the state, county, city, town, or agency authorized to issue an infraction as... |
7.84.080 | Hearing—Contesting determination that infraction committed—Appeal. | (1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury. (2) The court may consider the notice of infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for t... |
7.84.090 | Hearing—Explanation of mitigating circumstances. | (1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed shall not be contested at a hearing held for the purpose... |
7.84.100 | Monetary penalties. | (1) A person found to have committed an infraction shall be assessed a monetary penalty. No penalty may exceed $500 for each offense unless specifically authorized by statute. (2) The supreme court may prescribe by rule a schedule of monetary penalties for designated infractions. The legislature requests the supreme co... |
7.84.110 | Order of court—Civil nature—Modification of penalty—Community restitution. | (1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances, is civil in nature. (2) The court may, in its discretion, waive, redu... |
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