christopherty33/RCW huggingface dataset:
RCW 1.40.010
State medal of merit established.
There is established a decoration of the state medal of merit with accompanying ribbons and appurtenances for award by the governor, in the name of the state, to any person who has been distinguished by exceptionally meritorious conduct in performing outstanding services to the people and state of Washington, upon the nomination of the governor's state medal of merit committee.
[
1986 c 92 s 1
.]
RCW 1.40.020
Nominating committee created
—
Composition
—
Meeting
—
Rules.
There is created the state medal of merit committee for nominating candidates for the award of the state medal of merit. The committee membership consists of the governor, president of the senate, speaker of the house of representatives, and the chief justice of the supreme court, or their designees. The secretary of state shall serve as a nonvoting ex officio member, and shall serve as secretary to the committee. The committee shall meet annually to consider candidates for nomination. The committee shall adopt rules establishing the qualifications for the state medal of merit, the protocol governing the decoration, and the appurtenances necessary to the implementation of this chapter.
[
1986 c 92 s 2
.]
RCW 1.40.030
Delegation of authority to make award.
The governor may delegate the awarding of the state medal of merit to the president of the senate, speaker of the house of representatives, or the chief justice of the supreme court.
[
1986 c 92 s 3
.]
RCW 1.40.040
Posthumous award.
The state medal of merit may be awarded posthumously to be presented to such representative of the deceased as may be deemed appropriate by the governor or the designees specified in RCW 1.40.030
.
[
1986 c 92 s 4
.]
RCW 1.40.050
Certain persons prohibited from receiving award.
The state medal of merit shall not be awarded to any elected official while in office or to any candidate for an elected office.
[
1986 c 92 s 5
.]
RCW 1.40.060
Appearance of medal
—
Inscription.
The decoration of the state medal of merit shall be of bronze and shall consist of the seal of the state of Washington, surrounded by a raised laurel wreath and suspended from a ring attached by a dark green ribbon. The reverse of the decoration within the raised laurel wreath shall be inscribed with the words: "For exceptionally meritorious conduct in performing outstanding services to the people and state of Washington."
[
1986 c 92 s 6
.]
RCW 1.90.100
Personal income tax prohibition.
Neither the state nor any county, city, or other local jurisdiction in the state of Washington may tax any individual person on any form of personal income. For the purposes of this chapter, "income" has the same meaning as "gross income" in 26 U.S.C. Sec. 61.
[
2024 c 5 s 1
(Initiative Measure No. 2111).]
RCW 2.16.010
Association created.
All the judges of the superior courts of the state of Washington are hereby associated under the name of the superior court judges' association of the state of Washington.
[
2016 c 179 s 2
;
1933 ex.s. c 58 s 1
; RRS s 11051-1.]
NOTES:
Findings
—
Purpose
—
2016 c 179:
"The legislature finds and declares as follows:
(1) The legislature established the superior court judges' association statutorily in 1933, enacting what is now chapter
2.16
RCW. The purpose of this act is to render consistent the usage of the association's name, amending two sections to remove inconsistent uses of the association's name.
(2) For decades, the association has operated as the superior court judges' association. The association has been referred to by that name in numerous statutes, including: RCW 2.32.180
(which has used that name since 1957); RCW 2.56.150
(which has used that name since 1996); RCW 7.68.801
(which has used that name since 2013); RCW 9.94A.8673
(which has used that name since 2008); RCW 26.19.025
(which has used that name since 2007); RCW 70.96A.350
(which has used that name since 2002); and RCW 74.13.368
(which has used that name since 2009). In at least one instance in 2011, the association sued under the name superior court judges' association. Although the legislature initially used a variant of the name in its 1933 act and such a variation appears in one other statute, through long and regular usage, the association has come to be known as the superior court judges' association." [
2016 c 179 s 1
.]
RCW 2.16.020
Officers.
The judges shall elect from their number a president, who shall be called president judge, and a secretary, who shall hold their offices from the date of one annual meeting of the association to the next.
[
1955 c 38 s 7
;
1933 ex.s. c 58 s 2
; RRS s 11051-2.]
RCW 2.16.040
Uniform court rules.
At its annual meetings, pursuant to section 24, Article IV of the state Constitution, the association shall have power to establish uniform rules for the government of the superior courts, which rules may be amended from time to time.
[
1955 c 38 s 9
;
1933 ex.s. c 58 s 4
; RRS s 11051-4.]
NOTES:
Rules of court:
Cf. CR 83.
Rule-making power, supreme court: RCW 2.04.180
through
2.04.210
.
Superior court rules: State Constitution Art. 4 s 24.
Uniform rules to be established: RCW 2.08.230
.
RCW 2.16.050
Annual meeting.
The association shall meet annually at a time established by the association's governing board. At the meeting officers shall be chosen for the ensuing year, and other business transacted as may properly come before the association.
[
1996 c 82 s 1
;
1955 c 38 s 10
;
1933 ex.s. c 58 s 5
; RRS s 11051-5.]
RCW 2.16.070
Effect of chapter on existing laws.
Except for the provisions of *RCW 2.16.060, this chapter shall not be held to repeal any other existing law relating to the visitation of judges.
[
1933 ex.s. c 58 s 7
; RRS s 11051-7.]
NOTES:
*Reviser's note:
RCW 2.16.060
was repealed by
1973 c 106 s 40
.
RCW 2.20.010
Magistrate defined.
A magistrate is an officer having power to issue a warrant for the arrest of a person charged with the commission of a crime.
[
1891 c 53 s 1
; RRS s 50.]
RCW 2.20.020
Who are magistrates.
The following persons are magistrates:
(1) The justices of the supreme court.
(2) The judges of the court of appeals.
(3) The superior judges, and district judges.
(4) All municipal officers authorized to exercise the powers and perform the duties of district judges.
[
1987 c 202 s 103
;
1971 c 81 s 9
;
1891 c 53 s 2
; RRS s 51.]
NOTES:
Intent
—
1987 c 202:
See note following RCW 2.04.190
.
RCW 2.20.030
Issuance of search warrants by district and municipal court judges
—
Jurisdiction in more than one county.
Any district or municipal court judge, in the county in which the offense is alleged to have occurred, may issue a search warrant for any person or evidence located anywhere within the state. If the jurisdiction of a district or municipal court encompasses all or part of more than one county, a judge for that district or municipal court may issue a search warrant for any person or evidence located anywhere within the state as long as the county in which the offense is alleged to have occurred is one of the counties encompassed within that court's jurisdiction.
[
2018 c 50 s 1
;
2014 c 93 s 2
.]
NOTES:
Finding
—
Intent
—
2014 c 93:
"The legislature finds that recent decisions of the United States supreme court and the Washington state supreme court require law enforcement to obtain the review of a neutral and disinterested magistrate and the issuance of a search warrant more frequently before proceeding with a criminal investigation. The legislature intends to accommodate this requirement by creating effective and timely access to magistrates for purposes of reviewing search warrant applications across the state of Washington. This act does not change the legal standards for issuing a search warrant or the legal standards for review of an issued search warrant." [
2014 c 93 s 1
.]
RCW 2.40.010
Witness fees and mileage.
Witnesses shall receive for each day's attendance in all courts of record of this state the same compensation per day and per mile as jurors in superior court. Witnesses in any other court shall receive for each day's attendance the same compensation per day and per mile as jurors in district court.
[
1987 c 202 s 106
;
1977 ex.s. c 54 s 1
;
1951 c 51 s 3
; 1907 c 56 s 1, part; RRS s 497, part. Prior: 1903 c 151 s 1, part; 1893 p 421 s 1, part; Code 1881 s 2086, part.]
NOTES:
Intent
—
1987 c 202:
See note following RCW 2.04.190
.
RCW 2.40.020
Witness fee and mileage in civil cases demandable in advance.
Witnesses in civil cases shall be entitled to receive, upon demand, their fees for one day's attendance, together with mileage going to the place where they are required to attend, if such demand is made to the officer or person serving the subpoena at the time of service.
[Code 1881 s 2100;
1869 p 374 s 22
; RRS s 507.]
RCW 2.40.030
Travel expense in lieu of mileage in certain cases.
Whenever a juror, witness, or officer is required to attend a court, or travel on official business out of the limits of his or her own county, and entitled to mileage, in lieu thereof he or she may at his or her option receive his or her actual and necessary traveling expenses by the usually traveled route in going to and returning from the place where the court is held, or where the business is discharged. At the close of each term of the district court, the clerk shall ascertain the amount due each juror for his or her mileage and per diem; and he or she shall also certify the amount of fees that may be due to the sheriff of any other county than that in which the court is held, who may have attended the term, having a prisoner in custody charged with or convicted of a crime, or for the purpose of conveying such prisoner to or from the county, which, when approved by the court or judge, shall be a charge upon the county to which the prisoner belongs; and he or she shall also certify the amount which may be due witnesses attending from another county in a criminal case for their fees, which, when approved by the court or judge, shall be a charge upon the county to which the case belongs.
[
2011 c 336 s 56
; Code 1881 s 2109;
1869 p 419 s 7
; 1863 p 424 ss 6, 8; RRS ss 509, 4230.]
NOTES:
County officers
—
Expenses: RCW 42.24.090
.
Juror expense payments: RCW 2.36.150
.
Salaried officers not to receive witness fees: RCW 42.16.020
.
State officers
—
Subsistence and mileage: RCW 43.03.050, 43.03.060
.
Witness fees as costs in civil actions: RCW 4.84.090
.
RCW 2.40.040
Attorney of record not entitled to witness fee in case.
No attorney in any case shall be allowed any fees as a witness in such case.
[Code 1881 s 2095;
1869 p 374 s 17
; RRS s 502.]
RCW 3.20.100
Change of venue
—
Affidavit of prejudice.
If, previous to the commencement of any trial before a justice of the peace, the defendant, his or her attorney or agent, shall make and file with the justice an affidavit that the deponent believes that the defendant cannot have an impartial trial before such justice, it shall be the duty of the justice to forthwith transmit all papers and documents belonging to the case to the next nearest justice of the peace in the same county, who is not of kin to either party, sick, absent from the county, or interested in the result of the action, either as counsel or otherwise. The justice to whom such papers and documents are so transmitted shall proceed as if the suit had been instituted before him or her. Distance, as contemplated by this section, shall mean to be by the nearest traveled route. The costs of such change of venue shall abide the result of the suit. In precincts, and incorporated cities and towns where there are two or more justices of the peace, any one of them shall be considered the next nearest justice of the peace.
[
2011 c 336 s 72
;
1943 c 126 s 1
; 1881 p 8 ss 2, 3; Code 1881 s 1938;
1867 p 88 s 2
; Rem. Supp. 1943 s 1774.]
RCW 3.42.010
District court commissioners
—
Appointment
—
Qualifications
—
Term of office.
When so authorized by the districting plan, one or more district court commissioners may be appointed in any district by the judges of the district. Each commissioner shall be a registered voter of the county in which the district or a portion thereof is located, and shall hold office at the pleasure of the appointing judges. For purposes of this section, "appointing judge" includes a presiding judge pro tempore fulfilling presiding judge duties for a single judge court pursuant to RCW 3.34.100
(2) or
3.34.150
(2). Any person appointed as a commissioner authorized to hear or dispose of cases shall be a lawyer who is admitted to the practice of law in the state of Washington or who has passed the qualifying examination for lay judges as provided under RCW 3.34.060
.
[
2022 c 74 s 8
;
1984 c 258 s 30
;
1980 c 162 s 7
;
1961 c 299 s 31
.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
Severability
—
1980 c 162:
See note following RCW 3.02.010
.
District court commissioners
bond: RCW 3.34.090
.
oath: RCW 3.34.080
.
RCW 3.42.020
Powers of commissioners
—
Limitations.
Each district court commissioner shall have such power, authority, and jurisdiction in criminal and civil matters as the appointing judges possess and shall prescribe, except that when serving as a commissioner, the commissioner does not have authority to preside over trials in criminal matters, or jury trials in civil matters unless agreed to on the record by all parties.
[
2008 c 227 s 6
;
1984 c 258 s 31
;
1979 ex.s. c 136 s 16
;
1961 c 299 s 32
.]
NOTES:
Effective date
—
Subheadings not law
—
2008 c 227:
See notes following RCW 3.50.003
.
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
Effective date
—
Severability
—
1979 ex.s. c 136:
See notes following RCW 46.63.010
.
RCW 3.42.040
Compensation.
District court commissioners shall receive such compensation as the county legislative authority or city council shall provide.
[
1984 c 258 s 33
;
1969 ex.s. c 66 s 4
;
1961 c 299 s 34
.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
District court commissioners
salary: RCW 3.58.030
.
travel expenses: RCW 3.58.040
.
RCW 3.46.015
Operation of municipal department in existence prior to July 1, 2008.
A municipality operating a municipal department under this chapter prior to July 1, 2008, may continue to operate as if chapter 227, Laws of 2008 was not adopted. Such municipal departments shall remain subject to the provisions of this chapter as this chapter was written prior to the adoption of chapter 227, Laws of 2008.
[
2008 c 227 s 11
.]
NOTES:
Effective date
—
Subheadings not law
—
2008 c 227:
See notes following RCW 3.50.003
.
RCW 3.54.010
Compensation.
The clerk and deputy clerks of district courts shall receive such compensation as shall be provided by the county legislative authority.
[
1984 c 258 s 34
;
1971 c 73 s 6
;
1961 c 299 s 98
.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
RCW 3.54.020
Powers and duties.
The district courts shall prescribe the duties of the clerk and deputy clerks. Such duties shall include all of the requirements of RCW 3.62.020
and
3.62.040
as now or hereafter amended and the receipt of bail and additionally the power to:
(1) Accept and enter pleas;
(2) Receive bail as set by the court;
(3) Set cases for trial;
(4) Administer oaths.
[
1975 1st ex.s. c 241 s 1
;
1971 c 73 s 7
;
1961 c 299 s 99
.]
RCW 3.54.030
Seal.
The district court shall have a seal that shall be the vignette of George Washington, with the words "Seal of the . . . . . . District Court of . . . . . . County, State of Washington," surrounding the vignette. All process from the court runs throughout the state. The supreme court may determine by rule what process must be issued under seal.
[
1999 c 152 s 2
;
1992 c 29 s 1
.]
RCW 3.74.010
District judges to be members of state retirement system.
All district judges under chapters
3.30
through
3.74
RCW shall remain members of the state retirement system.
[
1984 c 258 s 54
;
1961 c 299 s 130
.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
RCW 3.74.020
Full time district judges ineligible for any other office or public employment than judicial.
The full time judges of the district court shall be ineligible to any other office, or public employment than a judicial office or employment during the term for which they shall have been elected.
[
1984 c 258 s 55
;
1961 c 299 s 131
.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
RCW 3.74.030
Mandatory retirement for district judges.
A district judge shall retire from judicial office at the expiration of the judge's term of office in which he or she has attained the age of seventy-five years. This provision shall not affect the term to which any such judge shall have been elected or appointed prior to August 11, 1969.
[
2013 c 22 s 1
;
1984 c 258 s 56
;
1969 ex.s. c 6 s 1
.]
NOTES:
Court Improvement Act of 1984
—
Effective dates
—
Severability
—
Short title
—
1984 c 258:
See notes following RCW 3.30.010
.
RCW 3.74.900
Transfer of proceedings
—
1961 c 299.
All cases, proceedings and matters pending before justice courts, police courts, municipal courts and night courts shall be transferred to the appropriate court established by chapters
3.30
through
3.74
RCW, together with all files, records and proceedings relating to such cases. Chapters
3.30
through
3.74
RCW shall not affect any appeal from any municipal court, police court, justice court or night court, but such appeal shall be conducted and concluded as if chapters
3.30
through
3.74
RCW had not been enacted, except that if remanded from the superior court the superseding court shall have the authority and power to forfeit bail or bond or impose sentence thereon.
[
1961 c 299 s 127
.]
RCW 3.74.940
Validation
—
1991 c 363; 1965 ex.s. c 110.
Any prior action by the legislative authority of any county with a population of less than two hundred ten thousand to make the provisions of chapters
3.30
through
3.74
RCW applicable to their county and the organization of any justice court as a result thereof, and all other things and proceedings done or taken by such county or by their respective officers acting under or in pursuance to such prior action and organization are hereby declared legal and valid and of full force and effect.
[
1991 c 363 s 6
;
1965 ex.s. c 110 s 4
.]
NOTES:
Purpose
—
Captions not law
—
1991 c 363:
See notes following RCW 2.32.180
.
RCW 4.04.010
Extent to which common law prevails.
The common law, so far as it is not inconsistent with the Constitution and laws of the United States, or of the state of Washington nor incompatible with the institutions and condition of society in this state, shall be the rule of decision in all the courts of this state.
[
1891 c 17 s 1
; Code 1881 s 1;
1877 p 3 s 1
;
1862 p 83 s 1
; RRS s 143. Formerly RCW 1.12.030
.]
RCW 4.18.010
Definitions.
As used in this chapter:
(1) "Claim" means a right of action that may be asserted in a civil action or proceeding and includes a right of action created by statute.
(2) "State" means a state, commonwealth, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country, or a political subdivision of any of them.
[
1983 c 152 s 1
.]
RCW 4.18.020
Conflict of laws
—
Limitation periods.
(1) Except as provided by RCW 4.18.040, if a claim is substantively based:
(a) Upon the law of one other state, the limitation period of that state applies; or
(b) Upon the law of more than one state, the limitation period of one of those states, chosen by the law of conflict of laws of this state, applies.
(2) The limitation period of this state applies to all other claims.
[
1983 c 152 s 2
.]
RCW 4.18.030
Rules of law applicable to computation of limitation period.
If the statute of limitations of another state applies to the assertion of a claim in this state, the other state's relevant statutes and other rules of law governing tolling and accrual apply in computing the limitation period, but its statutes and other rules of law governing conflict of laws do not apply.
[
1983 c 152 s 3
.]
RCW 4.18.040
Application of limitation period of other state
—
Unfairness.
If the court determines that the limitation period of another state applicable under RCW 4.18.020
and
4.18.030
is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending against, the claim, the limitation period of this state applies.
[
1983 c 152 s 4
.]
RCW 4.18.900
Short title.
This chapter may be cited as the Uniform Conflict of Laws
—
Limitations Act.
[
1983 c 152 s 7
.]
RCW 4.18.901
Application of chapter
—
Existing and future claims.
This chapter applies to claims:
(1) Accruing after July 24, 1983; or
(2) Asserted in a civil action or proceeding more than one year after July 24, 1983, but it does not revive a claim barred before July 24, 1983.
[
1983 c 152 s 5
.]
RCW 4.18.902
Uniformity of application and construction of chapter.
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.
[
1983 c 152 s 6
.]
RCW 4.32.070
Objection may be taken by answer.
When any of the matters enumerated in *RCW 4.32.050
do not appear upon the face of the complaint, the objection may be taken by answer.
[Code 1881 s 79;
1877 p 18 s 79
;
1854 p 139 s 42
; RRS s 261.]
NOTES:
*Reviser's note:
RCW 4.32.050
was repealed by
1984 c 76 s 11
.
RCW 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 plaintiff's debt, if the same might have been set off in an action brought by those beneficially interested.
[Code 1881 s 498;
1877 p 107 s 502
; RRS s 267.]
RCW 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 268.]
RCW 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 same, in an action against them.
[Code 1881 s 501;
1877 p 107 s 505
; RRS s 270.]
RCW 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.]
RCW 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.]
RCW 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 or other paper or proceeding may be amended by the court, and any mischance, omission or defect relieved within one year thereafter; and the court may enlarge or extend the time, for good cause shown, within which by statute any act is to be done, proceeding had or taken, notice or paper filed or served, or may, on such terms as are just, permit the same to be done or supplied after the time therefor has expired.
[
1988 c 202 s 2
;
1893 c 127 s 24
; RRS s 250.]
NOTES:
Rules of court:
Cf. CR 6(b), RAP 5.2, 18.22.
Severability
—
1988 c 202:
See note following RCW 2.24.050
.
RCW 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.]
RCW 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.]
NOTES:
Trial before referee: Chapter
4.48
RCW.
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
;
1869 p 50 s 208
;
1854 p 164 s 183
; RRS s 314.]
RCW 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.]
RCW 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 that the controversy is real, and the proceedings in good faith to determine the rights of the parties. The court shall thereupon hear and determine the case and render judgment thereon as if an action were pending.
[Code 1881 s 298;
1877 p 61 s 302
;
1869 p 73 s 300
; RRS s 378.]
RCW 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.]
RCW 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.]
RCW 4.68.010
Summons after judgment.
When a judgment is recorded against one or more of several persons jointly indebted upon an obligation by proceeding as provided by the court by rule, such defendants who were not originally served with the summons, and did not appear to the action, may be summoned to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons.
[
1984 c 76 s 6
; Code 1881 s 314;
1877 p 64 s 318
; RRS s 436.]
RCW 4.68.020
Contents of summons.
The summons, as provided in RCW 4.68.010, must describe the judgment, and require the person summoned to show cause why he or she should not be bound by it, and must be served in the same manner and returnable within the same time, as the original summons. It is not necessary to file a new complaint.
[
2011 c 336 s 114
; Code 1881 s 315;
1877 p 64 s 319
; RRS s 437.]
RCW 4.68.030
Affidavit must accompany summons.
The summons must be accompanied by an affidavit of the plaintiff, his or her agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and must specify the amount due thereon.
[
2011 c 336 s 115
; Code 1881 s 316;
1877 p 65 s 320
; RRS s 438.]
RCW 4.68.040
Defenses.
Upon the service of such summons and affidavit, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently to the taking of the judgment, or he or she may deny his or her liability on the obligation upon which the judgment was rendered, except a discharge from such liability by the statute of limitations.
[
2011 c 336 s 116
; Code 1881 s 317;
1877 p 65 s 321
; RRS s 439.]
RCW 4.68.050
Pleadings.
If the defendant in his or her answer, deny the judgment, or set up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the case; if he or she deny his or her liability on the obligation upon which the judgment was rendered, a copy of the original complaint and judgment, the summons with the affidavit annexed, and the answer constitute such written allegations.
[
2011 c 336 s 117
; Code 1881 s 318;
1877 p 65 s 322
; RRS s 440.]
RCW 4.68.060
Trial.
The issue formed may be tried as in other cases, but when the defendant denies in his or her answer any liability on the obligation upon which the judgment was rendered, if a verdict be found against him or her, it must not exceed the amount remaining unsatisfied on such original judgment, with interest thereon.
[
2011 c 336 s 118
; Code 1881 s 319;
1877 p 65 s 323
; RRS s 441.]
RCW 4.76.010
New trial defined.
A new trial is a reexamination of an issue in the same court after a trial and decision by a jury, court or referees.
[Code 1881 s 275;
1877 p 56 s 279
;
1869 p 67 s 277
;
1854 p 170 s 215
; RRS s 398.]
RCW 4.76.030
Increase or reduction of verdict as alternative to new trial.
If the trial court shall, upon a motion for new trial, find the damages awarded by a jury to be so excessive or inadequate as unmistakably to indicate that the amount thereof must have been the result of passion or prejudice, the trial court may order a new trial or may enter an order providing for a new trial unless the party adversely affected shall consent to a reduction or increase of such verdict, and if such party shall file such consent and the opposite party shall thereafter appeal from the judgment entered, the party who shall have filed such consent shall not be bound thereby, but upon such appeal the court of appeals or the supreme court shall, without the necessity of a formal cross-appeal, review de novo the action of the trial court in requiring such reduction or increase, and there shall be a presumption that the amount of damages awarded by the verdict of the jury was correct and such amount shall prevail, unless the court of appeals or the supreme court shall find from the record that the damages awarded in such verdict by the jury were so excessive or so inadequate as unmistakably to indicate that the amount of the verdict must have been the result of passion or prejudice.
[
1971 c 81 s 19
;
1933 c 138 s 2
; RRS s 399-1.]
NOTES:
Severability
—
1933 c 138:
"Adjudication of invalidity of any of the sections of this act, or any part of any section, shall not impair or otherwise affect the validity of any other of said sections or remaining part of any section." [
1933 c 138 s 3
.]
RCW 4.76.070
Newly discovered evidence, requirements as to.
If the motion be supported by affidavits and the cause be newly discovered evidence, the affidavits of any witness or witnesses, showing what their testimony will be, shall be produced or good reasons shown for their nonproduction.
[
1891 c 59 s 2
; Code 1881 s 282;
1877 p 57 s 286
;
1869 p 68 s 284
;
1854 p 170 s 219
; RRS s 403.]
RCW 4.76.080
Petition for new trial when discovery of grounds delayed.
When the grounds for a new trial could not with reasonable diligence have been discovered before, but are discovered after the time when the verdict, report of referee, or decision was rendered or made, the application may be made by petition filed as in other cases, not later than after the discovery, on which notice shall be served and returned, and the defendant held to appear as in an original action. The facts stated in the petition shall be considered as denied without answer. The case shall be tried as other cases by ordinary proceedings, but no motion shall be filed more than one year after the final judgment was rendered.
[
1955 c 44 s 1
; Code 1881 s 437;
1875 p 21 s 2
; RRS s 465.]
RCW 4.88.330
Indigent party
—
State payment of review costs.
When a party has been judicially determined to have a constitutional right to obtain a review and to be unable by reason of poverty to procure counsel to perfect the review all costs necessarily incident to the proper consideration of the review including preparation of the record, reasonable fees for court appointed counsel to be determined by the supreme court, and actual travel expenses of counsel for appearance in the supreme court or court of appeals, shall be paid by the state. Upon satisfaction of requirements established by supreme court rules and submission of appropriate vouchers to the clerk of the supreme court, payment shall be made from funds specifically appropriated by the legislature for that purpose.
[
1975 1st ex.s. c 261 s 2
. Prior:
1972 ex.s. c 111 s 2
;
1970 ex.s. c 31 s 2
;
1965 c 133 s 2
. Formerly RCW 10.01.112
.]
NOTES:
Severability
—
1965 c 133:
See note following RCW 2.32.240
.
Transcript of testimony
—
Fee
—
Forma pauperis: RCW 2.32.240
.
RCW 5.24.010
Judicial notice of Constitution and laws.
Every court of this state shall take judicial notice of the Constitution, common law, civil law, and statutes of every state, territory and other jurisdiction of the United States.
[
1941 c 82 s 1
; Rem. Supp. 1941 s 1278.]
RCW 5.24.020
Manner of obtaining information.
The court may inform itself of such laws in such manner as it may deem proper, and the court may call upon counsel to aid it in obtaining such information.
[
1941 c 82 s 2
; Rem. Supp. 1941 s 1279.]
RCW 5.24.030
Determination by court
—
Review.
The determination of such laws shall be made by the court and not by the jury and shall be reviewable.
[
1941 c 82 s 3
; Rem. Supp. 1941 s 1280.]
RCW 5.24.040
Necessity of pleading foreign laws.
This chapter shall not be construed to relieve any party of the duty of hereafter pleading such laws where required under the law and practice of this state.
[
1981 c 331 s 14
;
1941 c 82 s 4
; Rem. Supp. 1941 s 1281.]
NOTES:
Court Congestion Reduction Act of 1981
—
Purpose
—
Severability
—
1981 c 331:
See notes following RCW 2.32.070
.
RCW 5.24.050
Jurisdictions excepted.
The law of any jurisdiction other than a state, territory or other jurisdiction of the United States shall be an issue for the court, but shall not be subject to the foregoing provisions concerning judicial notice.
[
1941 c 82 s 5
; Rem. Supp. 1941 s 1282.]
RCW 5.24.060
Construction of chapter.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
[
1941 c 82 s 6
; Rem. Supp. 1941 s 1283.]
RCW 5.24.070
Short title.
This chapter may be cited as the "Uniform Judicial Notice of Foreign Laws Act."
[
1941 c 82 s 7
; Rem. Supp. 1941 s 1284.]
RCW 5.28.010
Who may administer.
Every court, judge, clerk of a court, state-certified court reporter, or notary public, is authorized to take testimony in any action, suit or proceeding, and such other persons in particular cases as authorized by law. Every such court or officer is authorized to collect fees established under RCW 36.18.020
and
36.18.012
through
36.18.018
and to administer oaths and affirmations generally and to every such other person in such particular case as authorized.
[
2010 c 98 s 1
;
1995 c 292 s 1
;
1987 c 202 s 124
; 2 H. C. s 1693;
1869 p 378 s 1
; RRS s 1264.]
NOTES:
Intent
—
1987 c 202:
See note following RCW 2.04.190
.
Oath of witness in superior court to be administered by judge:
Rules of court:
Cf. CR 43(d).
Powers of courts, judicial officers to administer oaths: RCW 2.28.010, 2.28.060
.
RCW 5.28.020
How administered.
An oath may be administered as follows: The person who swears holds up his or her hand, while the person administering the oath thus addresses him or her: "You do solemnly swear that the evidence you shall give in the issue (or matter) now pending between . . . . . . . . and . . . . . . . . shall be the truth, the whole truth, and nothing but the truth, so help you God." If the oath be administered to any other than a witness giving testimony, the form may be changed to: "You do solemnly swear you will true answers make to such questions as you may be asked," etc.
[
2011 c 336 s 132
; 2 H. C. s 1694;
1869 p 378 s 2
; RRS s 1265.]
RCW 5.28.030
Form may be varied.
Whenever the court or officer before which a person is offered as a witness is satisfied that he or she has a peculiar mode of swearing connected with or in addition to the usual form of administration, which, in witness' opinion, is more solemn or obligatory, the court or officer may, in its discretion, adopt that mode.
[
2011 c 336 s 133
; 2 H. C. s 1695;
1869 p 379 s 3
; RRS s 1266.]
RCW 5.28.040
Form may be adapted to religious belief.
When a person is sworn who believes in any other than the Christian religion, he or she may be sworn according to the peculiar ceremonies of his or her religion, if there be any such.
[
2011 c 336 s 134
; 2 H. C. s 1696;
1869 p 379 s 4
; RRS s 1267.]
RCW 5.28.050
Form of affirmation.
Any person who has conscientious scruples against taking an oath, may make his or her solemn affirmation, by assenting, when addressed, in the following manner: "You do solemnly affirm that," etc., as in RCW 5.28.020
.
[
2011 c 336 s 135
; 2 H. C. s 1697;
1869 p 379 s 5
; RRS s 1268.]
RCW 5.28.060
Affirmation equivalent to oath.
Whenever an oath is required, an affirmation, as prescribed in RCW 5.28.050
is to be deemed equivalent thereto, and a false affirmation is to be deemed perjury, equally with a false oath.
[2 H. C. s1698;
1869 p 379 s 6
; RRS s 1269.]
NOTES:
Perjury: Chapter
9A.72
RCW.
RCW 5.45.010
"Business" defined.
The term "business" shall include every kind of business, profession, occupation, calling or operation of institutions, whether carried on for profit or not.
[
1947 c 53 s 1
; Rem. Supp. 1947 s 1263-1. Formerly RCW 5.44.100
.]
RCW 5.45.020
Business records as evidence.
A record of an act, condition or event, shall in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business, at or near the time of the act, condition or event, and if, in the opinion of the court, the sources of information, method and time of preparation were such as to justify its admission.
[
1947 c 53 s 2
; Rem. Supp. 1947 s 1263-2. Formerly RCW 5.44.110
.]
RCW 5.45.900
Construction
—
1947 c 53.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
[
1947 c 53 s 3
; Rem. Supp. 1947 s 1263-3. Formerly RCW 5.44.120
.]
RCW 5.45.910
Short title.
This chapter may be cited as The Uniform Business Records as Evidence Act.
[
1947 c 53 s 4
; Rem. Supp. 1947 s 1263-4.]
RCW 5.46.010
Copies of business and public records as evidence.
If any business, institution, member of a profession or calling or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, optical imaging, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless the same is an asset or is representative of title to an asset held in a custodial or fiduciary capacity or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile, does not preclude admission of the original.
[
1994 c 19 s 1
;
1959 c 125 s 1
;
1953 c 273 s 1
. Formerly RCW 5.44.125
.]
NOTES:
Photostatic or photographic copies of public or business records admissible in evidence: RCW 40.20.030
.
RCW 5.46.900
Construction
—
1953 c 273.
This chapter shall be so interpreted and construed as to effectuate its general purpose of making uniform the law of those states which enact it.
[
1953 c 273 s 2
.]
RCW 5.46.910
Short title.
This chapter may be cited as the "Uniform Photographic Copies of Business and Public Records as Evidence Act."
[
1953 c 273 s 3
.]
RCW 5.46.920
Repeal of inconsistent provisions.
All acts or parts of acts which are inconsistent with the provisions of this act are repealed.
[
1953 c 273 s 4
.]
RCW 5.62.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Registered nurse" means a registered nurse or advanced nurse practitioner licensed under chapter
18.79
RCW.
(2) "Protocol" means a regimen to be carried out by a registered nurse and prescribed by a licensed physician under chapter
18.71
RCW, or a licensed osteopathic physician under chapter
18.57
RCW, which is consistent with chapter
18.79
RCW and the rules adopted under that chapter.
(3) "Primary care" means screening, assessment, diagnosis, and treatment for the purpose of promotion of health and detection of disease or injury, as authorized by chapter
18.79
RCW and the rules adopted under that chapter.
[
1994 sp.s. c 9 s 703
;
1987 c 198 s 1
;
1985 c 447 s 1
.]
NOTES:
Severability
—
Headings and captions not law
—
Effective date
—
1994 sp.s. c 9:
See RCW 18.79.900
through
18.79.902
.
RCW 5.62.020
Registered nurse
—
Privileged communications
—
Exceptions.
No registered nurse providing primary care or practicing under protocols, whether or not the physical presence or direct supervision of a physician is required, may be examined in a civil or criminal action as to any information acquired in attending a patient in the registered nurse's professional capacity, if the information was necessary to enable the registered nurse to act in that capacity for the patient, unless:
(1) The patient consents to disclosure or, in the event of death or disability of the patient, his or her personal representative, heir, beneficiary, or devisee consents to disclosure; or
(2) The information relates to the contemplation or execution of a crime in the future, or relates to the neglect or the sexual or physical abuse of a child, or of a vulnerable adult as defined in RCW 74.34.020, or to a person subject to proceedings under chapter *70.96A, 71.05, or
71.34
RCW.
[
1989 c 271 s 302
;
1986 c 212 s 1
;
1985 c 447 s 2
.]
NOTES:
*Reviser's note:
Chapter
70.96A
RCW was repealed and/or recodified in its entirety pursuant to 2016 sp.s. c 29 ss 301, 601, and 701.
Severability
—
1989 c 271:
See note following RCW 9.94A.510
.
RCW 5.62.030
Nurse-patient privilege subject to limitations and exemptions of physician-patient privilege.
Notwithstanding anything to the contrary in this chapter, the privilege created in this chapter is subject to the same limitations and exemptions contained in RCW 26.44.060
(3) and
51.04.050
as those limitations and exemptions relate to the physician/patient privilege of RCW 5.60.060
.
[
2002 c 302 s 702
;
1986 c 212 s 2
;
1985 c 447 s 3
.]
RCW 5.66.010
Admissibility of sympathetic gestures.
(1) The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident, and made to that person or to the family of that person, shall be inadmissible as evidence in a civil action. A statement of fault, however, which is part of, or in addition to, any of the above shall not be made inadmissible by this section.
(2) For purposes of this section:
(a) "Accident" means an occurrence resulting in injury or death to one or more persons that is not the result of willful action by a party.
(b) "Benevolent gestures" means actions that convey a sense of compassion or commiseration emanating from humane impulses.
(c) "Family" means the spouse or the domestic partner, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted child of a parent, or spouse's or domestic partner's parents of an injured party.
[
2008 c 6 s 403
;
2002 c 334 s 1
.]
NOTES:
Part headings not law
—
Severability
—
2008 c 6:
See RCW 26.60.900
and
26.60.901
.
RCW 6.28.010
Court may appoint, when.
The several superior courts may, whenever it is necessary, appoint a commissioner to convey real estate:
(1) When by a judgment in an action, a party is ordered to convey real property to another, or any interest therein.
(2) When real property, or any interest therein, has been sold under a special order of the court and the purchase money paid therefor.
[Code 1881 s 528;
1877 p 111 s 532
;
1854 p 205 s 390
; RRS s 605.]
RCW 6.28.020
Contents of deed.
The deed of the commissioner shall so refer to the judgment authorizing the conveyance, that the same may be readily found, but need not recite the record in the case generally.
[Code 1881 s 529;
1877 p 112 s 533
;
1854 p 205 s 391
; RRS s 606.]
RCW 6.28.030
Effect of conveyance pursuant to judgment.
A conveyance made in pursuance of a judgment shall pass to the grantee the title of the parties ordered to convey the land.
[Code 1881 s 530;
1877 p 112 s 534
;
1854 p 205 s 392
; RRS s 607.]
RCW 6.28.040
Effect of conveyance pursuant to order of sale.
A conveyance made in pursuance of a sale ordered by the court, shall pass to the grantee the title of all the parties to the action or proceeding.
[Code 1881 s 531;
1877 p 112 s 535
;
1854 p 205 s 393
; RRS s 608.]
RCW 6.28.050
Approval of court necessary.
A conveyance by a commissioner shall not pass any right until it has been examined and approved by the court, which approval shall be indorsed on the conveyance and recorded with it.
[Code 1881 s 532;
1877 p 112 s 536
;
1854 p 205 s 394
; RRS s 609.]
RCW 6.28.060
Execution of conveyance.
It shall be sufficient for the conveyance to be signed by the commissioner only, without affixing the name of the parties whose title is conveyed, but the names of the parties shall be recited in the body of the conveyance.
[Code 1881 s 533;
1877 p 112 s 537
;
1854 p 205 s 395
; RRS s 610.]
RCW 6.28.070
Recording.
The conveyance shall be recorded in the office in which by law it should have been recorded had it been made by the parties whose title is conveyed by it.
[Code 1881 s 534;
1877 p 112 s 538
;
1854 p 205 s 396
; RRS s 611.]
RCW 6.28.080
Compelling performance.
In case of a judgment to compel a party to execute a conveyance of real estate, the court may enforce the judgment by attachment or sequestration, or appoint a commissioner to make the conveyance.
[Code 1881 s 535;
1877 p 112 s 539
;
1854 p 205 s 397
; RRS s 612.]