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4.32.120 | Setoff against beneficiary of trust estate. | If the plaintiff be a trustee to any other, or if the action be in a name of the plaintiff who has no real interest in the contract upon which the action is founded, so much of a demand existing against those whom the plaintiff represents or for whose benefit the action is brought, may be set off as will satisfy the pl... |
4.32.130 | Setoff in probate actions brought by personal representatives. | In actions brought by executors and administrators, demands against their testators and intestates, and belonging to defendant at the time of their death, may be set off by the defendant in the same manner as if the action had been brought by and in the name of the deceased.
[Code 1881 s 499; 1877 p 107 s 503 ; RRS s 2... |
4.32.140 | Setoff in probate actions against personal representatives. | In actions against executors and administrators and against trustees and others, sued in their representative character, the defendants may set off demands belonging to their testators or intestates or those whom they represent, in the same manner as the person so represented would have been entitled to set off the sam... |
4.32.150 | Setoff must be pleaded. | To entitle a defendant to a setoff he or she must set the same forth in his or her answer.
[ 2011 c 336 s 104 ; Code 1881 s 502; 1877 p 108 s 506 ; RRS s 271.] |
4.32.170 | Answer may be stricken. | Sham, frivolous and irrelevant answers and defenses may be stricken out on motion, and upon such terms as the court may in its discretion impose.
[Code 1881 s 85; 1877 p 19 s 85 ; 1869 p 21 s 83 ; 1854 p 140 s 47 ; RRS s 275.] |
4.32.250 | Effect of minor defects in pleading. | A notice or other paper is valid and effectual though the title of the action in which it is made is omitted, or it is defective either in respect to the court or parties, if it intelligently refers to such action or proceedings; and in furtherance of justice upon proper terms, any other defect or error in any notice o... |
4.36.070 | Pleading judgments. | In pleading a judgment or other determination of a court or office of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading shall be bound to est... |
4.36.080 | Conditions precedent, how pleaded. | In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his or her part; and if such allegation be controverted, the party pleading shall be bound to estab... |
4.36.120 | Libel or slander, how pleaded. | In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause arose, but it shall be sufficient to state generally, that the same was published or spoken concerning ... |
4.36.130 | Answer in justification and mitigation. | In an action mentioned in RCW 4.36.120 , the defendant may, in his or her answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances to reduce the amount of damages; and whether he or she proves the justification or not, he or she may give in evidence the mitigating circumstance... |
4.36.140 | Answer in action to recover property distrained. | In an action to recover the possession of property distrained doing damage, an answer that the defendant or person by whose command he or she acted, was lawfully possessed of the real property upon which the distress was made, and that the property distrained was at the time doing the damage thereon, shall be good, wit... |
4.36.170 | Material allegation defined. | A material allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient.
[Code 1881 s 104; 1877 p 22 s 104 ; 1854 p 143 s 65 ; RRS s 298.] |
4.36.210 | Variance in action to recover personal property. | Where the plaintiff in an action to recover the possession of personal property on a claim of being the owner thereof, shall fail to establish on trial such ownership, but shall prove that he or she is entitled to the possession thereof, by virtue of a special property therein, he or she shall not thereby be defeated o... |
4.36.240 | Harmless error disregarded. | The court shall, in every stage of an action, disregard any error or defect in pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
[Code 1881 s 113; 1877 p 24 s 113 ; 1854 p 144 s 71 ; RRS s 307.]
R... |
4.40.010 | Issues defined—Kinds. | Issues arise upon the pleadings when a fact or conclusion of law is maintained by one party and controverted by the other, they are of two kinds — first, of law; and second, of fact.
[ 1893 c 127 s 28 ; Code 1881 s 200; 1877 p 42 s 204 ; 1854 p 163 s 179 ; RRS s 309.] |
4.40.050 | Trial of issue of law. | An issue of law shall be tried by the court, unless it is referred as provided by the statutes relating to referees.
[ 1893 c 127 s 32 ; Code 1881 s 204; 1877 p 42 s 208 ; 1854 p 164 s 183 ; RRS s 313.]
Trial before referee: Chapter 4.48 RCW. |
4.40.060 | Trial of certain issues of fact—Jury. | An issue of fact, in an action for the recovery of money only, or of specific real or personal property shall be tried by a jury, unless a jury is waived, as provided by law, or a reference ordered, as provided by statute relating to referees.
[ 1893 c 127 s 33 ; Code 1881 s 204; 1877 p 42 s 208 ; 1873 p 52 s 206 ; 186... |
4.40.070 | Trial of other issues of fact. | Every other issue of fact shall be tried by the court, subject, however, to the right of the parties to consent, or of the court to order, that the whole issue, or any specific question of fact involved therein, be tried by a jury, or referred.
[ 1893 c 127 s 34 ; RRS s 315.] |
4.44.020 | Notice of trial—Note of issue. | At any time after the issues of fact are completed in any case by the service of complaint and answer or reply when necessary, as herein provided, either party may cause the issues of fact to be brought on for trial, by serving upon the opposite party a notice of trial at least three days before any day provided by rul... |
4.44.025 | Priority permitted for aged or ill parties in civil cases. | When setting civil cases for trial, unless otherwise provided by statute, upon motion of a party, the court may give priority to cases in which a party is frail and over seventy years of age, a party is afflicted with a terminal illness, or other good cause is shown for an expedited trial date.
[ 2003 c 406 s 2 ; 1991 ... |
4.44.060 | Proceedings in trial by court—Findings deemed verdict. | The order of proceedings on a trial by the court shall be the same as provided in trials by jury. The finding of the court upon the facts shall be deemed a verdict, and may be set aside in the same manner and for the same reason as far as applicable, and a new trial granted.
[Code 1881 s 247; 1877 p 51 s 251 ; 1869 p 6... |
4.44.070 | Findings and conclusions, how made. | In any case tried upon the facts without a jury or with an advisory jury, any party may, when the evidence is closed, submit distinct and concise proposed findings of fact and conclusions of law. They may be written and handed to the court, or at the option of the court, oral, and entered in the record.
[ 2003 c 406 s ... |
4.44.080 | Questions of law to be decided by court. | All questions of law including the admissibility of testimony, the facts preliminary to such admission, and the construction of statutes and other writings, and other rules of evidence, are to be decided by the court, and all discussions of law addressed to it.
[Code 1881 s 223; 1877 p 47 s 227 ; 1869 p 56 s 227 ; RRS ... |
4.44.090 | Questions of fact for jury. | All questions of fact other than those mentioned in RCW 4.44.080 , shall be decided by the jury, and all evidence thereon addressed to them.
[Code 1881 s 224; 1877 p 47 s 228 ; 1869 p 56 s 228 ; RRS s 343.]
Rules of court: Cf. ER 1008.
Charging juries: State Constitution Art. 4 s 16.
Right to trial by jury: State Const... |
4.44.110 | Jury fee part of taxable costs. | The jury fee paid by the party demanding a trial by jury shall be a part of the taxable costs in such action.
[ 1961 c 304 s 3 ; 1903 c 43 s 2 ; RRS s 317.] |
4.44.120 | Impanelling jury—Voir dire, challenge for cause—Number. | When the action is called for trial, a panel of potential jurors shall be selected at random from the citizens summoned for jury service who have appeared and have not been excused. A voir dire examination of the panel shall be conducted for the purpose of discovering any basis for challenge for cause and to permit the... |
4.44.130 | Challenges—Kind and number. | Either party may challenge the jurors. The challenge shall be to individual jurors, and be peremptory or for cause. Each party shall be entitled to three peremptory challenges. When there is more than one party on either side, the parties need not join in a challenge for cause; but, they shall join in a peremptory chal... |
4.44.140 | Peremptory challenges defined. | A peremptory challenge is an objection to a juror for which no reason need be given, but upon which the court shall exclude the juror.
[ 2003 c 406 s 5 ; Code 1881 s 208; 1877 p 43 s 212 ; 1869 p 51 s 212 ; RRS s 325.] |
4.44.150 | Challenges for cause defined. | A challenge for cause is an objection to a juror, and may be either: (1) General; that the juror is disqualified from serving in any action; or (2) Particular; that the juror is disqualified from serving in the action on trial.
[ 2003 c 406 s 6 ; Code 1881 s 209; 1877 p 43 s 213 ; 1869 p 51 s 213 ; RRS s 326.] |
4.44.160 | General causes of challenge. | General causes of challenge are: (1) A want of any of the qualifications prescribed for a juror, as set out in RCW 2.36.070 . (2) Unsoundness of mind, or such defect in the faculties of the mind, or organs of the body, as renders him or her incapable of performing the duties of a juror in any action.
[ 1992 c 93 s 6 ; ... |
4.44.170 | Particular causes of challenge. | Particular causes of challenge are of three kinds: (1) For such a bias as when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this code as implied bias. (2) For the existence of a state of mind on the part of the juror in reference to the action, or to either... |
4.44.180 | Implied bias defined. | A challenge for implied bias may be taken for any or all of the following causes, and not otherwise: (1) Consanguinity or affinity within the fourth degree to either party. (2) Standing in the relation of guardian and ward, attorney and client, master and servant or landlord and tenant, to a party; or being a member of... |
4.44.190 | Challenge for actual bias. | A challenge for actual bias may be taken for the cause mentioned in RCW 4.44.170 (2). But on the trial of such challenge, although it should appear that the juror challenged has formed or expressed an opinion upon what he or she may have heard or read, such opinion shall not of itself be sufficient to sustain the chall... |
4.44.210 | Peremptory challenges, how taken. | The jurors having been examined as to their qualifications, first by the plaintiff and then by the defendant, and passed for cause, the peremptory challenges shall be conducted as follows, to wit: The plaintiff may challenge one, and then the defendant may challenge one, and so alternately until the peremptory challeng... |
4.44.220 | Order of taking challenges. | The challenges of either party shall be taken separately in the following order, including in each challenge all the causes of challenge belonging to the same class: (1) Challenges for cause. (2) Peremptory challenges.
[ 2003 c 406 s 10 ; Code 1881 s 216; 1877 p 45 s 220 ; 1869 p 53 s 220 ; RRS s 334.] |
4.44.230 | Exceptions to challenges—Determination. | The challenge may be excepted to by the adverse party for insufficiency, and if so, the court shall determine the sufficiency thereof, assuming the facts alleged therein to be true. The challenge may be denied by the adverse party, and if so, the court shall determine the facts and decide the issue.
[ 2003 c 406 s 11 ;... |
4.44.240 | Challenge determination. | When facts are determined under RCW 4.44.230 , the rules of evidence applicable to testimony offered upon the trial of an ordinary issue of fact shall govern. The juror challenged, or any other person otherwise competent may be examined as a witness by either party. If the challenge is sustained, the juror shall be dis... |
4.44.250 | Challenge, exception, denial may be oral. | The challenge, the exception, and the denial may be made orally. The judge shall enter the same upon the record, along with the substance of the testimony on either side.
[ 2003 c 406 s 13 ; Code 1881 s 219; 1877 p 45 s 223 ; 1869 p 54 s 223 ; RRS s 337.] |
4.44.260 | Oath of jurors. | When the jury has been selected, an oath or affirmation shall be administered to the jurors, in substance that they and each of them, will well, and truly try, the matter in issue between the plaintiff and defendant, and a true verdict give, according to the law and evidence as given them on the trial.
[ 2003 c 406 s 1... |
4.44.270 | View of premises by jury. | Whenever in the opinion of the court it is proper that the jury should have a view of real property which is the subject of litigation, or of the place in which any material fact occurred, it may order the jury to be conducted in a body, in the custody of a proper officer, to the place which shall be shown to them by t... |
4.44.280 | Admonitions to jurors. | The court may admonish the jurors that they must not discuss among themselves any subject connected with the trial until they begin their deliberations. The court may also admonish the jurors that they must not discuss with nonjurors any subject connected with the trial until the jurors have been dismissed from the cas... |
4.44.290 | Replacement juror procedure. | If after the formation of the jury, and before verdict, a juror becomes unable to perform his or her duty, the court may discharge the juror. In that case, unless the parties agree to proceed with the other jurors: (1) An alternate juror may replace the discharged juror and the jury instructed to start their deliberati... |
4.44.300 | Care of jury while deliberating. | During deliberations, the jury may be allowed to separate unless good cause is shown, on the record, for sequestration of the jury. Unless the members of a deliberating jury are allowed to separate, they must be kept together in a room provided for them, or some other convenient place under the charge of one or more of... |
4.44.310 | Expense of keeping jury. | If, while the jury are kept together, either during the progress of the trial or after their retirement for deliberation, the court orders them to be provided with suitable and sufficient food and lodging, they shall be so provided at the expense of the county.
[ 2003 c 406 s 18 ; Code 1881 s 230; 1877 p 48 s 234 ; 186... |
4.44.330 | Discharge of jury without verdict. | The jury may be discharged by the court on account of the sickness of a juror, or other accident or calamity requiring their discharge, or by consent of both parties, or after they have been kept together until it satisfactorily appears that there is no probability of their agreeing.
[Code 1881 s 233; 1877 p 48 s 237 ;... |
4.44.340 | Effect of discharge of jury. | In all cases where a jury are discharged or prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial or after the cause is submitted to them, the action shall thereafter be for trial anew.
[ 1891 c 60 s 2 ; Code 1881 s 234; 1877 p 49 s 238 ; 1869 p 58 s 238 ; RRS s 354.] |
4.44.350 | Court recess while jury is out. | While the jury is absent the court may adjourn from time to time, in respect to other business, but it is nevertheless to be deemed open for every purpose connected with the cause submitted to the jury until a verdict is rendered or the jury discharged.
[ 1957 c 9 s 2 ; Code 1881 s 235; 1877 p 49 s 239 ; 1869 p 58 s 23... |
4.44.360 | Proceedings when jury have agreed. | When the jury have agreed upon their verdict they shall be conducted into court by the officer having them in charge.
[ 2003 c 406 s 19 ; Code 1881 s 236; 1877 p 49 s 240 ; 1869 p 58 s 240 ; RRS s 356.] |
4.44.370 | Manner of giving verdict. | The jurors shall be asked by the court or the clerk whether they have agreed upon their verdict, and if the presiding juror answers in the affirmative, the presiding juror shall submit the verdict to the court.
[ 2003 c 406 s 20 ; Code 1881 s 237; 1877 p 49 s 241 ; 1869 p 58 s 241 ; RRS s 357.] |
4.44.380 | Number of jurors required to render verdict. | In all trials by juries of six in the superior court, except criminal trials, when five of the jurors agree upon a verdict, the verdict so agreed upon shall be signed by the presiding juror, and the verdict shall stand as the verdict of the whole jury, and have all the force and effect of a verdict agreed to by six jur... |
4.44.390 | Jury may be polled. | After the verdict is announced, but before it is filed, the jury may be polled at the request of either party. Each juror may be asked whether the verdict is his or her individual verdict and whether the verdict is the jury's collective verdict. If it appears that the verdict is insufficient because the required number... |
4.44.410 | General or special verdicts. | The verdict of a jury is either general or special.
[ 1984 c 76 s 4 ; Code 1881 s 240; 1877 p 49 s 244 ; 1869 p 59 s 244 ; 1854 p 167 s 198 ; RRS s 362.]
Rules of court: See CR 49. |
4.44.420 | Verdict in action for specific personal property. | In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or the defendant by his or her answer claims a return thereof, the jury shall assess the value of the property if their verdict be in favor of the plaintiff, or if they find in favor of the defendant an... |
4.44.440 | Inconsistency between special findings of fact and general verdict. | When special findings of fact are inconsistent with the general verdict, the judge may enter judgment consistent with the findings of fact, may return the jurors to the jury room for further deliberations, or may order a new trial.
[ 2003 c 406 s 24 ; Code 1881 s 243; 1877 p 50 s 247 ; 1869 p 60 s 247 ; 1854 p 167 s 20... |
4.44.450 | Jury to assess amount of recovery. | When a verdict is found for the plaintiff in an action for the recovery of money, or for the defendant when a setoff for the recovery of money is established beyond the amount of the plaintiff's claim as established, the jury shall also assess the amount of the recovery; they may also, under the direction of the court,... |
4.44.460 | Receiving verdict and discharging jury. | If the court determines that the verdict meets the requirements contained in this chapter and in court rules, the clerk shall file the verdict. The verdict is then complete and the jury shall be discharged from the case. The verdict shall be in writing, and under the direction of the court shall be substantially entere... |
4.44.470 | Court may fix amount of bond in civil actions. | Whenever by statute a bond or other security is required for any purpose in an action or other proceeding in a court of record and if the party shall apply therefor, the court shall have power to prescribe the amount of the bond or other security notwithstanding any requirement of the statute; and in every such case mo... |
4.44.480 | Deposits in court—Order. | When it is admitted by the pleading or examination of a party, that the party possesses or has control of any money, or other thing capable of delivery, which being the subject of the litigation, is held by him or her as trustee for another party, or which belongs or is due to another party, the court may order the sam... |
4.44.490 | Deposits in court—Enforcement of order. | Whenever, in the exercise of its authority, a court shall have ordered the deposit or delivery of money or other thing, and the order is disobeyed, the court, besides punishing the disobedience as for contempt, may make an order requiring the sheriff to take the money or thing, and deposit or deliver it, in conformity ... |
4.44.500 | Deposits in court—Custody of money deposited. | Money deposited, or paid into a court in an action, shall not be loaned out, unless, with the consent of all parties having an interest in, or making claim to the same.
[Code 1881 s 197; 1877 p 41 s 201 ; 1869 p 49 s 201 ; 1854 p 163 s 176 ; RRS s 747.]
Rules of court: Cf. CR 67. |
4.48.010 | Reference by consent—Right to jury trial—Referee may not preside—Parties' written consent constitutes waiver of right. | The court shall order all or any of the issues in a civil action, whether of fact or law, or both, referred to a referee upon the written consent of the parties which is filed with the clerk. Any party shall have the right in an action at law, upon an issue of fact, to demand a trial by jury. No referee appointed under... |
4.48.020 | Reference without consent. | Where the parties do not consent, the court may upon the application of either party, direct a reference in all cases formerly cognizable in chancery in which reference might be made: (1) When the trial of an issue of fact shall require the examination of a long account on either side, in which case the referees may be... |
4.48.030 | To whom reference may be ordered. | A reference may be ordered to any person or persons not exceeding three, agreed upon by the parties. If the reference is not agreed to by the parties, the court may appoint one or more persons, not exceeding three.
[ 1984 c 258 s 514 ; Code 1881 s 250; 1877 p 51 s 254 ; 1869 p 61 s 254 ; 1854 p 168 s 208 ; RRS s 371.]
... |
4.48.040 | Qualifications of referees. | A person appointed by the court as a referee or who serves as a referee with the consent of the parties shall be: (1) Qualified as a juror as provided by statute. (2) Competent as juror between the parties. (3) A duly admitted and practicing attorney.
[ 1984 c 258 s 515 ; Code 1881 s 251; 1877 p 51 s 255 ; 1859 p 61 s ... |
4.48.050 | Challenges to referees. | If a referee is appointed by the court, each party shall have the same right to challenge the appointment. Challenges shall be made and determined in the same manner and with like effect as in the formation of juries, except that neither party shall be entitled to a peremptory challenge.
[ 1984 c 258 s 516 ; Code 1881 ... |
4.48.060 | Trial procedure—Powers of referee—Referee to provide clerical personnel. | (1) Subject to the limitations and directions prescribed in the order of reference, the trial conducted by a referee shall be conducted in the same manner as a trial by the court. Unless waived in whole or in part, the referee shall apply the rules of pleading, practice, procedure, and evidence used in the superior cou... |
4.48.070 | Referee's report—Contents—Evidence, filing of, frivolous. | The report of a referee appointed by the court under RCW 4.48.020 shall state the facts found, and when the order of reference includes an issue of law, it shall state the conclusions of law separately from the facts. The referee shall file with the report the evidence received upon the trial. If evidence offered by ei... |
4.48.080 | Proceedings on filing of report. | The report of a referee appointed by the court under RCW 4.48.020 shall be filed with the clerk within twenty days after the trial concludes. Either party may, within such time as may be prescribed by the rules of court, or by special order, move to set the same aside, or for judgment thereon, or such order or proceedi... |
4.48.090 | Judgment on referee's report. | The court may affirm or set aside the report of a referee appointed under RCW 4.48.020 either in whole or in part. If it affirms the report it shall give judgment accordingly. If the report be set aside, either in whole or in part, the court may make another order of reference as to all or so much of the report as is s... |
4.48.100 | Compensation of referee—Trial expense—Obligation of parties, when. | (1) The compensation of a referee appointed under RCW 4.48.020 shall be the same as that established for a superior court judge pro tempore under RCW 2.08.180 . (2) If a referee is appointed pursuant to RCW 4.48.010 , the referee's compensation shall be at the rate prescribed by subsection (1) of this section, unless o... |
4.48.110 | Referee's proposed report—Copies—Objections, etc.—Request for hearing—Final report—Additional items to be filed—Exception—Copies. | (1) Within twenty days after the conclusion of a trial before a referee appointed under RCW 4.48.010 , unless a later time is agreed to by the parties, the referee shall mail to each party a copy of the referee's proposed written report. The proposed report shall contain the findings of fact and conclusions of law by t... |
4.48.120 | Termination of referral—Judgment—Review of referee's decision. | (1) Upon receipt by the clerk of the court of the final written report filed under RCW 4.48.110 , the referral of the action shall terminate and the presiding judge of the superior court shall order the judgment contained in the report entered as the judgment of the court in the action. Subsequent motions and other pos... |
4.48.130 | Notice of trial before referee. | (1) If an action is to be tried by a referee appointed under RCW 4.48.010 , at least five days before the date set for the trial the referee shall advise the clerk of the court of the time and place set for the trial. The clerk shall post in a conspicuous place in the courthouse a notice that includes the names of the ... |
4.52.010 | Controversy may be submitted without action. | Parties to a question in difference which might be the subject of a civil action may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought. But it must appear by affidavit ... |
4.52.020 | Judgment to be rendered as in other cases. | Judgment shall be entered in the judgment book as in other cases, but without costs for any proceedings prior to the trial. The case, the submission and a copy of the judgment shall constitute the judgment roll.
[Code 1881 s 299; 1877 p 61 s 303 ; 1869 p 74 s 301 ; RRS s 379.] |
4.52.030 | Enforcement of judgment—Appeal. | The judgment may be enforced in the same manner as if it had been rendered in an action, and shall be in the same manner subject to appeal.
[Code 1881 s 300; 1877 p 61 s 304 ; 1869 p 74 s 302 ; RRS s 380.] |
4.56.050 | Effect of judgment against executor or administrator. | When a setoff shall be established in an action brought by executors or administrators, and a balance found due to the defendant, the judgment rendered thereon against the plaintiff shall have the same effect as if the action had been originally commenced by the defendant.
[Code 1881 s 500; 1877 p 107 s 504 ; RRS s 269... |
4.56.060 | Judgment in case of setoff—When equal or less than plaintiff's debt. | If the amount of the setoff, duly established, be equal to the plaintiff's debt or demand, judgment shall be rendered that the plaintiff take nothing by his or her action; if it be less than the plaintiff's debt or demand, the plaintiff shall have judgment for the residue only.
[ 2011 c 336 s 109 ; Code 1881 s 503; 187... |
4.56.070 | Judgment in case of setoff—When exceeds plaintiff's debt—Effect of contract assignment. | If there be found a balance due from the plaintiff in the action to the defendant, judgment shall be rendered in favor of the defendant for the amount thereof, but no such judgment shall be rendered against the plaintiff when the contract, which is the subject of the action, shall have been assigned before the commence... |
4.56.075 | Judgment in case of setoff—When exceeds plaintiff's debt or affirmative relief required. | If a setoff established at the trial, exceeds the plaintiff's demand so established, judgment for the defendant shall be given for the excess; or if it appears that the defendant is entitled to any affirmative relief, judgment shall be given accordingly.
[Code 1881 s 303; 1877 p 62 s 307 ; 1869 p 74 s 305 ; 1854 p 173 ... |
4.56.080 | Judgment in action to recover personal property. | In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant m... |
4.56.090 | Assignment of judgment—Filing. | When any judgment has been assigned, the assignment may be filed in the office of the county clerk in the county where the judgment is recorded and a certified copy thereof may be filed in any county where an abstract of such judgment has been filed and from the time of such filing shall be notice of such assignment: P... |
4.56.100 | Satisfaction of judgments for payment of money. | (1) When any judgment for the payment of money only shall have been paid or satisfied, the clerk of the court in which such judgment was rendered shall note upon the record in the execution docket satisfaction thereof giving the date of such satisfaction upon either the payment to such clerk of the amount of such judgm... |
4.56.110 | Interest on judgments. | Interest on judgments shall accrue as follows: (1) Judgments founded on written contracts, providing for the payment of interest until paid at a specified rate, shall bear interest at the rate specified in the contracts: PROVIDED, That said interest rate is set forth in the judgment. (2) All judgments for unpaid child ... |
4.56.111 | Interest on judgments—Rate. | The rate of interest required by RCW 4.56.110 (3) (a) and (b) applies to the accrual of interest: (1) As of the date of entry of judgment with respect to a judgment that is entered on or after June 10, 2010; and (2) As of June 10, 2010, with respect to a judgment that was entered before June 10, 2010, and that is still... |
4.56.115 | Interest on judgments against state, political subdivisions or municipal corporations—Torts. | Judgments founded on the tortious conduct of the state of Washington or of the political subdivisions, municipal corporations, and quasi municipal corporations of the state, whether acting in their governmental or proprietary capacities, shall bear interest from the date of entry at two percentage points above the equi... |
4.56.120 | Judgment of dismissal or nonsuit, grounds, effect—Other judgments on merits. | An action in the superior court may be dismissed by the court and a judgment of nonsuit rendered in the following cases: (1) Upon the motion of the plaintiff, (a) when the case is to be or is being tried before a jury, at any time before the court announces its decision in favor of the defendant upon a challenge to the... |
4.56.150 | Challenge to legal sufficiency of evidence—Judgment in bar or of nonsuit. | In all cases tried in the superior court with a jury, the defendant, at the close of the plaintiff's evidence, or either party, at the close of all the evidence, may challenge the legal sufficiency of the evidence to warrant a verdict in favor of the adverse party, and if the court shall decide as a matter of law the e... |
4.56.190 | Lien of judgment. | The real estate of any judgment debtor, and such as the judgment debtor may acquire, not exempt by law, shall be held and bound to satisfy any judgment of the district court of the United States rendered in this state and any judgment of the supreme court, court of appeals, superior court, or district court of this sta... |
4.56.200 | Commencement of lien on real estate. | The lien of judgments upon the real estate of the judgment debtor shall commence as follows: (1) Judgments of the district court of the United States rendered or filed in the county in which the real estate of the judgment debtor is situated, from the time of the entry or filing thereof; (2) Judgments of the superior c... |
4.56.210 | Cessation of lien—Extension prohibited—Exception. | (1) Except as provided in subsections (2) and (3) of this section, after the expiration of ten years from the date of the entry of any judgment heretofore or hereafter rendered in this state, it shall cease to be a lien or charge against the estate or person of the judgment debtor. No suit, action or other proceeding s... |
4.56.260 | Award of future economic damages—Proposal for periodic payments—Security—Satisfaction of judgment. | (1) In an action based on fault seeking damages for personal injury or property damage in which a verdict or award for future economic damages of at least one hundred thousand dollars is made, the court or arbitrator shall, at the request of a party, enter a judgment which provides for the periodic payment in whole or ... |
4.60.010 | Judgment on confession authorized. | On the confession of the defendant, with the assent of the plaintiff or his or her attorney, judgment may be given against the defendant in any action before or after answer, for any amount or relief not exceeding or different from that demanded in the complaint.
[ 2011 c 336 s 111 ; Code 1881 s 291; 1877 p 60 s 295 ; ... |
4.60.020 | Confession by public and private corporations and minors. | When the action is against the state, a county or other public corporation therein, or a private corporation, or a minor, the confession shall be made by the person who at the time sustains the relation to such state, corporation, county or minor, as would authorize the service of a notice summons upon him or her; or i... |
4.60.030 | Confession by person jointly liable. | When the action is upon a contract and against one or more defendants jointly liable, judgment may be given on the confession of one or more defendants, against all the defendants thus jointly liable, whether such defendants have been served or not, to be enforced only against their joint property and against the joint... |
4.60.040 | Confession, how made. | The confession and assent thereto shall be in writing and subscribed by the parties making the same, and acknowledged by each before some officer authorized to take acknowledgments of deeds.
[Code 1881 s 294; 1877 p 60 s 298 ; 1869 p 72 s 296 ; RRS s 416.] |
4.60.050 | Judgment by confession without suit. | A judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter.
[Code 1881 s 295; 1877 p 60 s 299 ; 1869 p 73 s 297 ; RRS s 417.] |
4.60.060 | Statement in writing—Requisites. | A statement in writing shall be made, signed by the defendant and verified by his or her oath, to the following effect: (1) It shall authorize the entry of judgment for a specified sum. (2) If it be for money due or to become due, it shall state concisely the facts out of which the indebtedness arose, and shall show th... |
4.60.070 | Judgment on confession—Entry—Execution. | The statement must be presented to the superior court or a judge thereof, and if the same be found sufficient, the court or judge shall indorse thereon an order that judgment be entered by the clerk; whereupon it may be filed in the office of the clerk, who shall enter a judgment for the amount confessed, with costs. E... |
4.64.020 | Entry of verdict in execution docket—Effect. | (1) The clerk on the return of a verdict shall forthwith enter it in the execution docket, specifying the amount, the names of the parties to the action, and the names of the party or parties against whom the verdict is rendered; such entry shall be indexed in the record index and shall conform as near as may be to ent... |
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