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11.130.700 | Definitions. | The definitions in this section apply throughout this section and RCW 11.130.705 through 11.130.755 unless the context clearly requires otherwise. (1) "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities. (2) "Supported decision-m... |
11.130.705 | Purpose. | The purpose of RCW 11.130.700 through 11.130.755 is to recognize a less restrictive alternative to guardianship for adults with disabilities who need assistance with decisions regarding daily living.
[ 2020 c 312 s 602 .]
Effective dates — 2020 c 312: See note following RCW 11.130.915 . |
11.130.710 | Presumption of capacity. | (1) All adults are presumed to be capable of managing their affairs. (2) The manner in which an adult communicates with others is not grounds for deciding that the adult is incapable of managing the adult's affairs. (3) Execution of a supported decision-making agreement may not be used as evidence for the petition or a... |
11.130.715 | Scope. | An adult with a disability may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with a supporter under which the adult with a disability authorizes the supporter to do any or all of the following: (1) Provide supported decision making, including assistance in understand... |
11.130.720 | Authority of supporter. | A supporter may exercise the authority granted to the supporter in the supported decision-making agreement.
[ 2020 c 312 s 605 .]
Effective dates — 2020 c 312: See note following RCW 11.130.915 . |
11.130.725 | Term. | (1) Except as provided by subsection (2) of this section, the supported decision-making agreement extends until terminated by either party or by the terms of the agreement. (2) The supported decision-making agreement is terminated if: (a) The department of social and health services finds that the adult with a disabili... |
11.130.730 | Disqualification of supporter. | The following are disqualified from acting as a supporter: (1) A person who is an employer or employee of the adult with a disability, unless the person is an immediate family member of the adult with a disability; (2) A person directly providing paid support services to the adult with a disability, unless the person i... |
11.130.735 | Access of supporter to personal information. | (1) A supporter is only authorized to assist the adult with a disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. (2) If a supporter assists an adult with a disability in accessing, collecting, or obtaining personal infor... |
11.130.740 | Execution of agreement. | (1) A supported decision-making agreement must be in writing, dated, and signed voluntarily, without coercion or undue influence, by the adult with a disability and the supporter in the presence of two or more subscribing witnesses or a notary public. (2) If signed before two witnesses, the attesting witnesses must be ... |
11.130.745 | Form. | (1) Subject to subsection (2) of this section, a supported decision-making agreement is valid only if it is in substantially the following form: SUPPORTED DECISION-MAKING AGREEMENT Appointment of Supporter I, ..... (name of supported adult), make this agreement of my own free will. I agree and designate that: Name: ...... |
11.130.750 | Reliance on agreement—Limitation of liability. | (1) A person who receives the original or a copy of a supported decision-making agreement shall rely on the agreement. (2) A person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission if the act or omission is done in good faith and in reliance on a suppor... |
11.130.755 | Reporting of suspected abuse, abandonment, neglect, exploitation. | If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement has cause to believe that a vulnerable adult as defined in RCW 74.34.020 is being abused, abandoned, neglected (including self-neglect), or personally or financially exploited b... |
11.130.900 | 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.
[ 2019 c 437 s 802 .] |
11.130.905 | Relation to electronic signatures in global and national commerce act. | Chapter 437, Laws of 2019 modifies, limits, or supersedes the 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 1... |
11.130.910 | Applicability. | This chapter applies to: (1) A proceeding for appointment of a guardian or conservator or for a protective arrangement instead of guardianship or conservatorship commenced after January 1, 2022; and (2) A guardianship, conservatorship, or protective arrangement instead of a guardianship or conservatorship in existence ... |
11.130.915 | Effective date—2020 c 312; 2019 c 437. | This act takes effect January 1, 2022, except that: (1) Section 129, chapter 437, Laws of 2019 takes effect on June 11, 2020; and (2) With respect to minors, sections 101 through 128, 130 through 136, 201 through 216, 602, 802, 803, and 805, chapter 437, Laws of 2019 take effect January 1, 2021.
[ 2020 c 312 s 902 ; 20... |
11.135.005 | Short title. | This chapter may be cited as the uniform electronic estate planning documents act.
[ 2024 c 188 s 1 .] |
11.135.010 | Definitions. | In this chapter: (1) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means. (2) "Electronic signature" means an electronic symbol or process attached to or logically associated with a record that uses a security procedure and is executed or adopted by a perso... |
11.135.020 | Construction. | This chapter must be construed and applied to: (1) Facilitate electronic estate planning-related documents and signatures consistent with other law; and (2) Be consistent with reasonable practices concerning electronic documents and signatures and continued expansion of those practices.
[ 2024 c 188 s 3 .] |
11.135.030 | Applicability. | (1) Except as provided in subsection (2) of this section, this chapter applies to an electronic nontestamentary estate planning document and an electronic signature on a nontestamentary estate planning document. (2) This chapter does not apply to a nontestamentary estate planning document if the document precludes use ... |
11.135.040 | Principles of law and equity apply. | The law of this state and principles of equity applicable to a nontestamentary estate planning document apply to an electronic nontestamentary estate planning document except as modified by this chapter.
[ 2024 c 188 s 5 .] |
11.135.050 | Electronic documents and signatures not required. | (1) This chapter does not require a nontestamentary estate planning document or signature on a nontestamentary estate planning document to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (2) A person is not required to have a nontest... |
11.135.060 | Electronic documents and signatures recognized. | (1) A nontestamentary estate planning document or a signature on a nontestamentary estate planning document may not be denied legal effect or enforceability solely because it is in electronic form. (2) If other law of this state requires a nontestamentary estate planning document to be in writing, an electronic record ... |
11.135.070 | Attribution of electronic document or signature—Effect. | (1) An electronic nontestamentary estate planning document or electronic signature on an electronic nontestamentary estate planning document is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including by showing the efficacy of a security procedure applied to... |
11.135.080 | Notarization. | If other law of this state requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electronic nontestamentary estate planning document if an individual authorized to perform the notarization, acknowledgment, verification, or oath attach... |
11.135.090 | Witnessing. | (1) If other law of this state bases the validity of a nontestamentary estate planning document on whether it is signed, witnessed, or attested by another individual, the signature, witnessing, or attestation of that individual may be electronic. (2) If other law of this state bases the validity of a nontestamentary es... |
11.135.100 | Retention of electronic record. | (1) Except as provided in subsection (2) of this section, if other law of this state requires an electronic nontestamentary estate planning document to be retained, transmitted, copied, or filed, the requirement is satisfied by retaining, transmitting, copying, or filing an electronic record that: (a) Accurately reflec... |
11.135.110 | Certified paper copies. | An individual may create a certified paper copy of an electronic nontestamentary estate planning document by affirming under penalty of perjury that the paper copy is a complete and accurate copy of the document.
[ 2024 c 188 s 12 .] |
11.135.120 | Admissibility. | Evidence relating to an electronic nontestamentary estate planning document or an electronic signature on the document may not be excluded in a proceeding solely because such evidence is in electronic form.
[ 2024 c 188 s 13 .] |
11.135.900 | Uniformity of application and construction. | In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
[ 2024 c 188 s 14 .] |
11.135.901 | Relation to electronic signatures in global and national commerce act. | This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
[ 2024 c 188 s 15 .] |
11.135.902 | Applicability date. | This chapter applies to an electronic nontestamentary estate planning document created, signed, generated, sent, communicated, received, or stored before, on, or after June 6, 2024.
[ 2024 c 188 s 16 .] |
11.140.005 | Short title. | This chapter may be known and cited as the Washington uniform custodial trust act.
[ 2025 c 111 s 21 .] |
11.140.010 | Definitions. | As used in this chapter: (1) "Adult" means an individual who is at least 18 years of age. (2) "Beneficiary" means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual's use and benefit under this chapter. (3) "Conservator" means a person ... |
11.140.020 | Custodial trust—General. | (1) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in any lawful manner, naming as beneficiary, an individual who may be the transferor, in which the transferee is designated, in substance,... |
11.140.030 | Custodial trustee for future payment or transfer. | (1) A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by: ". . . . . as custodial trustee for . . . . . (name of beneficiary) und... |
11.140.040 | Form and effect of receipt and acceptance by custodial trustee—Jurisdiction. | (1) Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this chapter upon the custodial trustee's acceptance, express or implied, of the custodial trust property. (2) The custodial trustee's acceptance may be evidenced by a writing stating in substance: CUST... |
11.140.050 | Transfer to custodial trustee by fiduciary or obligor—Facility of payment. | (1) Unless otherwise directed by an instrument designating a custodial trustee pursuant to RCW 11.140.030 , a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a transfer to an adult member of the beneficia... |
11.140.060 | Multiple beneficiaries—Separate custodial trusts—Survivorship. | (1) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of spouses or state registered domestic partners, for whom survivorship is presumed, a ri... |
11.140.070 | General duties of custodial trustee. | (1) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property. (2) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property.... |
11.140.080 | General powers of custodial trustee. | (1) A custodial trustee has the powers of a trustee under RCW 11.98.070 . (2) This section does not relieve a custodial trustee from liability for a violation of RCW 11.140.070 .
[ 2025 c 111 s 8 .] |
11.140.090 | Use of custodial trust property. | (1) A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time. (2) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the c... |
11.140.100 | Determination of incapacity—Effect. | (1) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if: (a) The custodial trust was created under RCW 11.140.050 ; (b) the transferor has so directed in the instrument creating the custodial trust; or (c) the custodial trustee has determined that the beneficiary is incapac... |
11.140.110 | Exemption of third person from liability. | A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not responsible for determining: (1) The va... |
11.140.120 | Liability to third person. | (1) A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third person against the custodial trust prope... |
11.140.130 | Declination, resignation, incapacity, death, or removal of custodial trustee, designation of successor custodial trustee. | (1) Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor, or the transferor's legal representative. If an event giving rise to a transfer has not occurred, the substitute custodial trustee designated... |
11.140.140 | Expenses, compensation, and bond of custodial trustee. | Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee: (1) Is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services; (2) Has a noncumulative ele... |
11.140.150 | Reporting and accounting by custodial trustee—Determination of liability of custodial trustee. | (1) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property: (a) Once each year; (b) upon request at reasonable times by the ben... |
11.140.160 | Limitations of action against custodial trustee. | (1) Except as provided in subsection (3) of this section, unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal re... |
11.140.170 | Distribution on termination. | (1) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property: (a) To the beneficiary, if not incapacitated or deceased; (b) To the conservator or other recipient designated by the court for an incapacitated beneficiary; or (c) Upon the beneficiary's death, in t... |
11.140.180 | Methods and forms for creating custodial trusts. | (1) If a transaction, including a declaration with respect to or a transfer of specific property, otherwise satisfies applicable law, the criteria of RCW 11.140.020 are satisfied by: (a) The execution and either delivery to the custodial trustee or recording of an instrument in substantially the following form: TRANSFE... |
11.140.900 | Applicable law. | (1) This chapter applies to a transfer or declaration creating a custodial trust that refers to this chapter if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in this state or custodial trust property is located in t... |
11.140.910 | Uniformity of application and construction. | This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[ 2025 c 111 s 20 .] |
12.04.010 | Civil actions—Commencement. | Civil actions in the several justices' courts of this state may be instituted either by the voluntary appearance and agreement of the parties, by the service of a summons, or by the service upon the defendant of a true copy of the complaint and notice, which notice shall be attached to the copy of the complaint and cit... |
12.04.020 | Action to recover debt—Summons—Service. | A party desiring to commence an action before a justice of the peace, for the recovery of a debt by summons, shall file his or her claim with the justice of the peace, verified by his or her own oath, or that of his or her agent or attorney, and thereupon the justice of the peace shall, on payment of his or her fees, i... |
12.04.030 | Action by complaint and notice. | Any person desiring to commence an action before a justice of the peace, by the service of a complaint and notice, can do so by filing his or her complaint verified by his or her own oath or that of his or her agent or attorney with the justice, and when such complaint is so filed, upon payment of his or her fees if de... |
12.04.040 | Service of complaint and notice. | The complaint and notice shall be served at least five days before the time mentioned in the notice for the defendant to appear and answer the complaint, by delivering to the defendant, or leaving at his or her place of abode, with some person over twelve years of age, a true copy of the complaint and notice.
[ 2010 c ... |
12.04.050 | Process—Who may serve. | All process issued by district court judges of the state and all executions and writs of attachment or of replevin shall be served by a sheriff or a deputy, but a summons or notice and complaint may be served by any citizen of the state of Washington over the age of eighteen years and not a party to the action.
[ 1987 ... |
12.04.060 | Process—Service by constable or sheriff. | All process in actions and proceedings in justice courts, having a salaried constable, when served by an officer, shall be served by such constable or by the sheriff of the county or his or her duly appointed deputy; and all fees for such service shall be paid into the county treasury.
[ 2010 c 8 s 3004 ; 1909 c 132 s ... |
12.04.070 | Process—Return—Fees. | Every constable or sheriff serving process or complaint and notice shall return in writing, the time, manner, and place of service and indorse thereon the legal fees therefor and shall sign his or her name to such return, and any person other than one of said officers serving summons or complaint and notice shall file ... |
12.04.080 | Process—Service by person appointed by justice—Return—Exceptions. | Any justice may, by appointment in writing, authorize any person other than the parties to the proceeding, or action, to serve any subpoena, summons, or notice and complaint issued by such justice; and any such person making such service shall return on such process or paper, in writing, the time and manner of service,... |
12.04.090 | Proof of service. | Proof of service in either of the above cases shall be as follows: When made by a constable or sheriff his or her return signed by him or her and indorsed on the paper or process. When made by any person other than such officer, then by the affidavit of the person making the service.
[ 2010 c 8 s 3007 ; Code 1881 s 171... |
12.04.100 | Service by publication. | In case personal service cannot be had by reason of the absence of the defendant from the county in which the action is sought to be commenced, it shall be proper to publish the summons or notice with a brief statement of the object and prayer of the claim or complaint, in some newspaper of general circulation in the c... |
12.04.110 | Proof of service by publication. | Proof of service, in case of publication, shall be the affidavit of the publisher, printer, foreperson, or principal clerk, showing the same.
[ 2010 c 8 s 3008 ; Code 1881 s 1721; 1873 p 338 s 28 ; RRS s 1767.] |
12.04.120 | Written admission as proof of service. | The written admission of the defendant, his or her agent or attorney, indorsed upon any summons, complaint and notice, or other paper, shall be complete proof of service in any case.
[ 2010 c 8 s 3009 ; Code 1881 s 1722; 1873 p 338 s 29 ; RRS s 1768.] |
12.04.130 | Jurisdiction, when acquired. | The court shall be deemed to have obtained possession of the case from the time the complaint or claim is filed, after completion of service, whether by publication or otherwise, and shall have control of all subsequent proceedings. In the case of proceedings to civilly enforce a money judgment entered in a municipal c... |
12.04.140 | Action by person under eighteen years. | Except as provided under RCW 7.105.100 , no action shall be commenced by any person under the age of eighteen years, except by his guardian, or until a next friend for such a person shall have been appointed. Whenever requested, the justice shall appoint some suitable person, who shall consent thereto in writing, to be... |
12.04.150 | Action against defendant under eighteen years—Guardian ad litem. | After service and return of process against a defendant under the age of eighteen years, the action shall not be further prosecuted, until a guardian for such defendant shall have been appointed, except as provided under RCW 7.105.100 . Upon the request of such defendant, the justice shall appoint some person who shall... |
12.04.160 | Time for appearance. | The parties shall be entitled to one hour in which to make their appearance after the time mentioned in the summons or notice for appearance, but shall not be required to remain longer than that time, unless both parties appear; and the justice being present, is actually engaged in the trial of another action or procee... |
12.04.170 | Security for nonresident costs. | Whenever the plaintiff in an action, or in a garnishment or other proceeding is a nonresident of the county or begins such action or proceeding as the assignee of some other person, or of a firm or corporation, as to all causes of action sued upon, the justice may require of him or her security for the costs in the act... |
12.04.180 | Cost bond in lieu of security. | In lieu of separate security for each action or proceeding in any court, the plaintiff may cause to be executed and filed in the court a bond in the penal sum of fifty dollars running to the state of Washington, with surety approved by the court, and conditioned for the payment of all judgments for costs which may ther... |
12.04.190 | Penalty for failure to execute process or false return. | If any officer, without showing good cause therefor, fail to execute any process to him or her delivered, and make due return thereof, or make a false return, such officer, for every such offense, shall pay to the party injured ten dollars, and all damage such party may have sustained by reason thereof, to be recovered... |
12.04.200 | Forms or equivalents prescribed. | The forms or equivalent forms as set forth in RCW 12.04.201 through 12.04.208 may be used by justices of the peace, in civil actions and proceedings under this chapter.
[ 1957 c 89 s 3 . Prior: Code 1881 s 1885, part; 1873 p 373 c 16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part; RRS s 1890, part.] |
12.04.201 | Form of subpoena. | FORM OF SUBPOENA State of Washington, County of . . . . . . . . . . . . . . ., ss. To . . . . . . . . . . . . . . : In the name of the state of Washington, you are hereby required to appear before the undersigned, one of the justices of the peace in and for said county, on the . . . . day of . . . . . ., ... |
12.04.203 | Form of execution—Form of execution against principal and surety, after expiration of stay of execution. | FORM OF EXECUTION State of Washington, County of . . . . . . . . . . . . . . ., ss. To the sheriff or any constable of said county: Whereas, judgment against C D, for the sum of . . . . . . . . . dollars, and . . . . . . . . . dollars cost of suit, was recovered on the . . . . day of . . . . . ., (year) ... |
12.04.204 | Form of order in replevin. | FORM OF ORDER IN REPLEVIN State of Washington, County of . . . . . . . . . . . . . . ., ss. To the sheriff or any constable of said county: In the name of the state of Washington, you are hereby commanded to take the personal property mentioned and described in the within affidavit, and deliver the same to t... |
12.04.205 | Form of a writ of attachment. | FORM OF A WRIT OF ATTACHMENT State of Washington, County of . . . . . . . . . . . . . . ., ss. To the sheriff or any constable of said county: In the name of the state of Washington, you are commanded to attach, and safely keep, the goods and chattels, moneys, effects and credits of C D, (excepting such as t... |
12.04.206 | Form of undertaking in replevin. | FORM OF UNDERTAKING IN REPLEVIN Whereas, A B, plaintiff, has commenced an action before J P, one of the justices of the peace in and for . . . . . . county, against C D, defendant, for the recovery of certain personal property, mentioned and described in the affidavit of the plaintiff, to wit: [here set forth the prope... |
12.04.207 | Form of undertaking in attachment—Form of undertaking to discharge attachment. | FORM OF UNDERTAKING IN ATTACHMENT Whereas, an application has been made by A B, plaintiff, to J P, one of the justices of the peace in and for . . . . . . county, for a writ of attachment against the personal property of C D, defendant; Now, therefore, we, A B, plaintiff, and E F, acknowledge ourselves bound to C D in ... |
12.04.208 | Form of undertaking to indemnify constable on claim of property by a third person. | FORM OF UNDERTAKING TO INDEMNIFY CONSTABLE ON CLAIM OF PROPERTY BY A THIRD PERSON Whereas, L M, claims to be owner of, and have the right to possession of certain personal property, to wit: [here describe it] which has been taken by J K, constable in . . . . . . county, upon an execution by J P, justice of the peace i... |
12.08.010 | When pleadings take place. | The pleadings in justice's court shall take place upon the appearance of the parties, unless they shall have been previously filed or unless the justice shall, for good cause shown, allow a longer time than the time of appearance.
[Code 1881 s 1756; 1873 p 344 s 55 ; 1854 p 231 s 43 ; RRS s 1778.] |
12.08.020 | What constitute pleadings. | The pleadings in the justice's court shall be: (1) The complaint of the plaintiff, which shall state in a plain and direct manner the facts constituting the cause of action. (2) The answer of the defendant, which may contain a denial of the complaint, or any part thereof; and also a statement, in a plain and direct man... |
12.08.030 | Pleadings oral or written. | The pleadings in justices' courts may be oral or in writing.
[ 1957 c 89 s 11 ; Code 1881 s 1758; 1873 p 344 s 57 ; 1854 p 231 s 45 ; RRS s 1780.] |
12.08.040 | Docketing or filing. | When the pleadings are oral, the substance of them shall be entered by the justice in his or her docket. When in writing they shall be filed in his or her office and a reference made to them in his or her docket. Pleadings shall not be required to be in any particular form, but shall be such as to enable a person of co... |
12.08.050 | Denial of knowledge or information—Effect. | A statement in an answer or reply, that the party has not sufficient knowledge or information, in respect to a particular allegation in the previous pleadings of the adverse party to form a belief, shall be deemed equivalent to a denial.
[Code 1881 s 1760; 1873 p 345 s 59 ; 1854 p 231 s 47 ; RRS s 1782.] |
12.08.060 | Pleading account or instrument. | When the cause of action, or setoff, arises upon an account or instrument for the payment of money only, it shall be sufficient for the party to deliver the account or instrument, or a copy thereof, to the court, and to state that there is due to him or her thereon, from the adverse party, a specified sum, which he or ... |
12.08.070 | Verification. | Every complaint, answer, or reply shall be verified by the oath of the party pleading; or if he or she be not present, by the oath of his or her attorney or agent, to the effect that he or she believes it to be true. The verification shall be oral, or in writing, in conformity with the pleading verified.
[ 2010 c 8 s 3... |
12.08.080 | Uncontroverted allegations—Effect. | Every material allegation in a complaint, or relating to a setoff in an answer, not denied by the pleading of the adverse party, shall, on the trial, be taken to be true, except that when a defendant, who has not been served with a copy of the complaint, fails to appear and answer, the plaintiff cannot recover without ... |
12.08.090 | Objections to pleadings—Amendment. | Either party may object to a pleading by his or her adversary, or to any part thereof that is not sufficiently explicit for him or her to understand it, or that it contains no cause of action or defense although it be taken as true. If the court deem the objection well-founded, it shall order the pleading to be amended... |
12.08.100 | Variance between pleading and proof. | A variance between the proof on the trial, and the allegations in a pleading, shall be disregarded as immaterial, unless the court be satisfied that the adverse party has been misled to his or her prejudice thereby.
[ 2010 c 8 s 3023 ; Code 1881 s 1765; 1873 p 346 s 64 ; 1854 p 232 s 52 ; RRS s 1787.] |
12.08.110 | Amendments—Continuance. | The pleadings may be amended at any time before the trial, or during the trial, or upon appeal, to supply any deficiency or omissions in the allegations or denials, necessary to support the action or defense, when by such amendment substantial justice will be promoted. If the amendment be made after the issue, and it b... |
12.08.120 | Setoff—Pleading. | To entitle a defendant to any setoff he or she may have against the plaintiff, he or she must allege the same in his or her answer; and the statutes regulating setoffs in the superior court, shall in all respects be applicable to a setoff in a justice's court, if the amount claimed to be setoff, after deducting the amo... |
12.12.010 | Continuances limited. | When the pleadings of the party shall have taken place, the justice shall, upon the application of either party, and sufficient cause be shown on oath, continue the case for any time not exceeding sixty days. If the continuance be on account of absence of testimony, it shall be for such reasonable time as will enable t... |
12.12.020 | Trial by justice. | Upon issue joined, if a jury trial be not demanded, the justice shall hear the evidence, and decide all questions of law and fact, and render judgment accordingly.
[Code 1881 s 1782; 1873 p 350 s 81 ; 1854 p 237 s 82 ; RRS s 1848.] |
12.12.030 | Jury—Number—Qualifications—Fee. | After the appearance of the defendant, and before the judge shall proceed to enquire into the merits of the cause, either party may demand a jury to try the action, which jury shall be composed of six good and lawful persons having the qualifications of jurors in the superior court of the same county, unless the partie... |
12.12.070 | Oath administered. | When the jury is selected, the justice shall administer to them an oath or affirmation, well and truly to try the cause.
[Code 1881 s 1776; 1873 p 348 s 75 ; 1854 p 236 s 76 ; RRS s 1853.] |
12.12.080 | Delivery of verdict. | When the jury have agreed on their verdict, they shall deliver the same to the justice, publicly, who shall enter it on his or her docket.
[ 2010 c 8 s 3025 ; Code 1881 s 1777; 1873 p 348 s 76 ; 1854 p 236 s 77 ; RRS s 1854.] |
12.12.090 | Discharge of jury. | Whenever a justice shall be satisfied that a jury, sworn in any civil cause before him or her, having been out a reasonable time, cannot agree on their verdict, he or she may discharge them, and issue a new venire, unless the parties consent that the justice may render judgment on the evidence before him or her, or upo... |
12.16.015 | District court may compel attendance of witness. | Any person may be compelled to attend as a witness before a district court in accordance with chapter 5.56 RCW.
[ 1984 c 258 s 702 .]
Court Improvement Act of 1984 — Effective dates — Severability — Short title — 1984 c 258: See notes following RCW 3.30.010 . |
12.16.020 | Service of subpoena. | A subpoena may be served by any person above the age of eighteen years, by reading it to the witness, or by delivering to him or her a copy at his or her usual place of abode.
[ 2010 c 8 s 3027 ; Code 1881 s 1870; 1873 p 370 s 169 ; 1854 p 233 s 58 ; RRS s 1899.] |
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