reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.06 - Arbitration of Civil Actions. › 7.06.043 - Hearing—Time, date, and place.

RCW 7.06.043
Hearing—Time, date, and place.
The arbitrator shall set the time, date, and place of the hearing and shall give reasonable notice of the hearing date to the parties. Except by stipulation or for good cause shown, the hearing shall be scheduled to take place not sooner than twenty-one days, nor later than seventy-five days, from the date of the assignment of the case to the arbitrator. The hearing shall take place in appropriate facilities provided or authorized by the court.
[ 2018 c 36 § 3.]
NOTES:
Applicability—2018 c 36: "This act applies to all cases filed on or after September 1, 2018." [ 2018 c 36 § 8.]
Effective date—2018 c 36: "This act takes effect September 1, 2018." [ 2018 c 36 § 9.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.06 - Arbitration of Civil Actions. › 7.06.047 - Discovery.

RCW 7.06.047
Discovery.
After the assignment of a case to the arbitrator, a party may conduct discovery as follows: (1) Request from the arbitrator an examination under CR 35; (2) request admissions from a party under CR 36; and (3) take the deposition of another party. A party may request additional discovery from the arbitrator, including interrogatories, and the arbitrator will allow additional discovery only as reasonably necessary.
[ 2018 c 36 § 4.]
NOTES:
Applicability—Effective date—2018 c 36: See notes following RCW 7.06.043.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.06 - Arbitration of Civil Actions. › 7.06.050 - Decision and award—Appeals—Trial—Judgment.

RCW 7.06.050
Decision and award—Appeals—Trial—Judgment.
(1) Following a hearing as prescribed by court rule, the arbitrator shall file his or her decision and award with the clerk of the superior court, together with proof of service thereof on the parties. Within twenty days after such filing, any aggrieved party may file with the clerk a written notice of appeal and request for a trial de novo in the superior court on all issues of law and fact. The notice must be signed by the party. Such trial de novo shall thereupon be held, including a right to jury, if demanded.
(a) Up to thirty days prior to the actual date of a trial de novo, a nonappealing party may serve upon the appealing party a written offer of compromise.
(b) In any case in which an offer of compromise is not accepted by the appealing party within ten calendar days after service thereof, for purposes of MAR 7.3, the amount of the offer of compromise shall replace the amount of the arbitrator's award for determining whether the party appealing the arbitrator's award has failed to improve that party's position on the trial de novo.
(c) A postarbitration offer of compromise shall not be filed or communicated to the court or the trier of fact until after judgment on the trial de novo, at which time a copy of the offer of compromise shall be filed for purposes of determining whether the party who appealed the arbitrator's award has failed to improve that party's position on the trial de novo, pursuant to MAR 7.3.
(2) If no appeal has been filed at the expiration of twenty days following filing of the arbitrator's decision and award, a judgment shall be entered and may be presented to the court by any party, on notice, which judgment when entered shall have the same force and effect as judgments in civil actions.
[ 2018 c 36 § 6; 2011 c 336 § 164; 2002 c 339 § 1; 1982 c 188 § 2; 1979 c 103 § 5.]
NOTES:
Applicability—Effective date—2018 c 36: See notes following RCW 7.06.043.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.06 - Arbitration of Civil Actions. › 7.06.060 - Costs and attorneys' fees.

RCW 7.06.060
Costs and attorneys' fees.
(1) The superior court shall assess costs and reasonable attorneys' fees against a party who appeals the award and fails to improve his or her position on the trial de novo. The court may assess costs and reasonable attorneys' fees against a party who voluntarily withdraws a request for a trial de novo if the withdrawal is not requested in conjunction with the acceptance of an offer of compromise.
(2) For the purposes of this section, "costs and reasonable attorneys' fees" means those provided for by statute or court rule, or both, as well as all expenses related to expert witness testimony, that the court finds were reasonably necessary after the request for trial de novo has been filed.
(3) If the prevailing party in the arbitration also prevails at the trial de novo, even though at the trial de novo the appealing party may have improved his or her position from the arbitration, this section does not preclude the prevailing party from recovering those costs and disbursements otherwise allowed under chapter 4.84 RCW, for both actions.
[ 2002 c 339 § 2; 1979 c 103 § 6.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.06 - Arbitration of Civil Actions. › 7.06.080 - Application date for request under RCW 7.06.050 and 7.06.060.

RCW 7.06.080
Application date for request under RCW 7.06.050 and 7.06.060.
RCW 7.06.050 and 7.06.060 apply to all requests for a trial de novo filed pursuant to and in appeal of an arbitrator's decision and filed on or after June 13, 2002.
[ 2002 c 339 § 3.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.06 - Arbitration of Civil Actions. › 7.06.910 - Effective date—1979 c 103.

RCW 7.06.910
Effective date—1979 c 103.
This act shall take effect July 1, 1980.
[ 1979 c 103 § 10.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.07 - Uniform Mediation Act. › 7.07.010 - Definitions.

RCW 7.07.010
Definitions.
In this chapter:
(1) "Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.
(2) "Mediation communication" means a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.
(3) "Mediator" means an individual who conducts a mediation.
(4) "Nonparty participant" means a person, other than a party or mediator, that participates in a mediation.
(5) "Mediation party" means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; or public corporation, or any other legal or commercial entity.
(7) "Proceeding" means:
(a) A judicial, administrative, arbitral, or other adjudicative process, including related prehearing and posthearing motions, conferences, and discovery; or
(b) A legislative hearing or similar process.
(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) "Sign" means:
(a) To execute or adopt a tangible symbol with the present intent to authenticate a record; or
(b) To attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.
[ 2005 c 172 § 2.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.07 - Uniform Mediation Act. › 7.07.020 - Scope.

RCW 7.07.020
Scope.
(1) Except as otherwise provided in subsection (2) or (3) of this section, this chapter applies to a mediation in which:
(a) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator;
(b) The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or
(c) The mediation parties use as a mediator an individual who holds himself or herself out as a mediator or the mediation is provided by a person that holds itself out as providing mediation.
(2) This chapter does not apply to a mediation:
(a) Conducted by a judge who might make a ruling on the case; or
(b) Conducted under the auspices of:
(i) A primary or secondary school if all the parties are students; or
(ii) A correctional institution for youths if all the parties are residents of that institution.
(3) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under RCW 7.07.030 through 7.07.050 do not apply to the mediation or part agreed upon. However, RCW 7.07.030 through 7.07.050 apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.
[ 2005 c 172 § 3.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.07 - Uniform Mediation Act. › 7.07.030 - Privilege against disclosure—Admissibility—Discovery.

RCW 7.07.030
Privilege against disclosure—Admissibility—Discovery.
(1) Except as otherwise provided in RCW 7.07.050, a mediation communication is privileged as provided in subsection (2) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by RCW 7.07.040.
(2) In a proceeding, the following privileges apply:
(a) A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication;
(b) A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator; and
(c) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.
(3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.
[ 2005 c 172 § 4.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.07 - Uniform Mediation Act. › 7.07.040 - Waiver and preclusion of privilege.

RCW 7.07.040
Waiver and preclusion of privilege.
(1) A privilege under RCW 7.07.030 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:
(a) In the case of the privilege of a mediator, it is expressly waived by the mediator; and
(b) In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.
(2) A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under RCW 7.07.030, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.
(3) A person that intentionally uses a mediation to plan, attempt to commit, or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under RCW 7.07.030.
[ 2005 c 172 § 5.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.07 - Uniform Mediation Act. › 7.07.050 - Exceptions to privilege.

RCW 7.07.050
Exceptions to privilege.
(1) There is no privilege under RCW 7.07.030 for a mediation communication that is:
(a) In an agreement evidenced by a record signed by all parties to the agreement;
(b) Made during a session of a mediation which is open, or is required by law to be open, to the public;
(c) A threat or statement of a plan to inflict bodily injury or commit a crime of violence;
(d) Intentionally used to plan a crime, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity;
(e) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator;
(f) Except as otherwise provided in subsection (3) of this section, sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or
(g) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the public agency participates in the child or adult protection mediation.
(2) There is no privilege under RCW 7.07.030 if a court finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and that the mediation communication is sought or offered in:
(a) A criminal court proceeding involving a felony; or
(b) Except as otherwise provided in subsection (3) of this section, a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.
(3) A mediator may not be compelled to provide evidence of a mediation communication referred to in subsection (1)(f) or (2)(b) of this section.
(4) If a mediation communication is not privileged under subsection (1) or (2) of this section, only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection (1) or (2) of this section does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.
(5) Records of mediation communications that are privileged under this chapter are exempt from the requirements of chapter 42.56 RCW.
[ 2006 c 209 § 1; 2005 c 172 § 6.]
NOTES:
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.07 - Uniform Mediation Act. › 7.07.060 - Prohibited mediator reports.

RCW 7.07.060
Prohibited mediator reports.
(1) Except as provided in subsection (2) of this section, a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation.
(2) A mediator may disclose:
(a) Whether the mediation occurred or has terminated, whether a settlement was reached, attendance, and efforts to schedule a mediation ordered by a court, administrative agency, or other authority that may make a ruling on the dispute;
(b) A mediation communication as permitted under RCW 7.07.050; or
(c) A mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment.
(3) A communication made in violation of subsection (1) of this section may not be considered by a court, administrative agency, or arbitrator.
[ 2005 c 172 § 7.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.07 - Uniform Mediation Act. › 7.07.070 - Confidentiality.

RCW 7.07.070
Confidentiality.
Unless subject to chapter 42.30 RCW, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this state.
[ 2005 c 172 § 8.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.07 - Uniform Mediation Act. › 7.07.080 - Mediator's disclosure of conflicts of interest—Background.

RCW 7.07.080
Mediator's disclosure of conflicts of interest—Background.
(1) Before accepting a mediation, an individual who is requested to serve as a mediator shall:
(a) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and
(b) Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.
(2) If a mediator learns any fact described in subsection (1)(a) of this section after accepting a mediation, the mediator shall disclose it as soon as is practicable.
(3) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.
(4) A person that violates subsection (1) or (2) of this section is precluded by the violation from asserting a privilege under RCW 7.07.030.
(5) Subsections (1) through (3) of this section do not apply to an individual acting as a judge.
(6) This chapter does not require that a mediator have a special qualification by background or profession.
[ 2005 c 172 § 9.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.07 - Uniform Mediation Act. › 7.07.090 - Participation in mediation.

RCW 7.07.090
Participation in mediation.
An attorney or other individual designated by a party may accompany the party to and participate in a mediation, except that if the dispute being mediated is the subject of pending proceedings under chapter 12.40 RCW, then a party may not be represented by an attorney in mediation unless the party may be represented by an attorney in the proceedings under chapter 12.40 RCW. A waiver of participation given before the mediation may be rescinded.
[ 2005 c 172 § 10.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.07 - Uniform Mediation Act. › 7.07.100 - Relation to electronic signatures in global and national commerce act.

RCW 7.07.100
Relation to electronic signatures in global and national commerce act.
This chapter modifies, limits, or supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. Sec. 7001 et seq.), but this chapter does not modify, limit, or supersede section 101(c) of that act or authorize electronic delivery of any of the notices described in section 103(b) of that act.
[ 2005 c 172 § 11.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.07 - Uniform Mediation Act. › 7.07.110 - Uniformity of application and construction.

RCW 7.07.110
Uniformity of application and construction.
In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2005 c 172 § 12.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.07 - Uniform Mediation Act. › 7.07.900 - Short title—2005 c 172.

RCW 7.07.900
Short title—2005 c 172.
This act may be cited as the Uniform Mediation Act.
[ 2005 c 172 § 1.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.07 - Uniform Mediation Act. › 7.07.903 - Application to existing agreements or referrals.

RCW 7.07.903
Application to existing agreements or referrals.
(1) This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after January 1, 2006.
(2) If all parties agree in a signed record or a record of proceeding reflects such an agreement by all parties, then this chapter governs a mediation pursuant to a referral or an agreement to mediate whenever made.
[ 2005 c 172 § 22.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.07 - Uniform Mediation Act. › 7.07.904 - Effective date—2005 c 172.

RCW 7.07.904
Effective date—2005 c 172.
This act takes effect January 1, 2006.
[ 2005 c 172 § 23.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.08 - Assignment for Benefit of Creditors. › 7.08.010 - Assignment must be for benefit of all creditors.

RCW 7.08.010
Assignment must be for benefit of all creditors.
No general assignment of property by an insolvent, or in contemplation of insolvency, for the benefit of creditors, shall be valid unless it be made for the benefit of all of the assignor's creditors in proportion to the amount of their respective claims.
[ 2004 c 165 § 36; 1893 c 100 § 1; 1890 p 83 § 1; RRS § 1086.]
NOTES:
Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.08 - Assignment for Benefit of Creditors. › 7.08.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 7.08.900
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 16.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.010 - Parties, how designated.

RCW 7.16.010
Parties, how designated.
The party prosecuting a special proceeding may be known as the plaintiff and the adverse party as the defendant.
[ 1895 c 65 § 1; RRS § 999.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.020 - Judgment, motion, and order defined.

RCW 7.16.020
Judgment, motion, and order defined.
A judgment in a special proceeding is the final determination of the rights of the parties therein. The definitions of a motion and an order in a civil action are applicable to similar acts in a special proceeding.
[ 1895 c 65 § 2; RRS § 1000.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.030 - Certiorari defined.

RCW 7.16.030
Certiorari defined.
The writ of certiorari may be denominated the writ of review.
[ 1895 c 65 § 3; RRS § 1001.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.040 - Grounds for granting writ.

RCW 7.16.040
Grounds for granting writ.
A writ of review shall be granted by any court, except a municipal or district court, when an inferior tribunal, board or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer, or one acting illegally, or to correct any erroneous or void proceeding, or a proceeding not according to the course of the common law, and there is no appeal, nor in the judgment of the court, any plain, speedy and adequate remedy at law.
[ 1987 c 202 § 130; 1895 c 65 § 4; RRS § 1002.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.050 - Application for writ—Notice.

RCW 7.16.050
Application for writ—Notice.
The application must be made on affidavit by the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice.
[ 1895 c 65 § 5; RRS § 1003.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.060 - Writ, to whom directed.

RCW 7.16.060
Writ, to whom directed.
The writ may be directed to the inferior tribunal, board or officer, or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal the clerk, if there be one, must return the writ with the transcript required.
[ 1895 c 65 § 6; RRS § 1004.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.070 - Contents of writ.

RCW 7.16.070
Contents of writ.
The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ, at a specified time and place, a transcript of the record and proceedings (describing or referring to them with convenient certainty), that the same may be reviewed by the court, and requiring the party, in the meantime, to desist from further proceedings in the matter to be reviewed.
[ 1895 c 65 § 7; RRS § 1005.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.080 - Stay of proceedings.

RCW 7.16.080
Stay of proceedings.
If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ. These words may be inserted or omitted, in the sound discretion of the court, but if omitted the power of the inferior court or office is not suspended or the proceedings stayed.
[ 1895 c 65 § 8; RRS § 1006.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.100 - Service of writ.

RCW 7.16.100
Service of writ.
The writ may be served as follows, except where different directions respecting the mode of service thereof are given by the court granting it:
(1) Where it is directed to a person or persons by name or by his or her official title or titles, or to a municipal corporation, it must be served upon each officer or other person to whom it is directed, or upon the corporation, in the same manner as a summons.
(2) Where it is directed to a court, or to the judges of a court, having a clerk appointed pursuant to law, service upon the court or the judges thereof may be made by filing the writ with the clerk.
[ 1895 c 65 § 10; RRS § 1008.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.110 - Defective return—Further return—Hearing—Judgment.

RCW 7.16.110
Defective return—Further return—Hearing—Judgment.
If the return of the writ be defective, the court may order a further return to be made. When a full return has been made, the court must hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming or annulling or modifying the proceedings below.
[ 1895 c 65 § 11; RRS § 1009.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.120 - Questions involving merits to be determined.

RCW 7.16.120
Questions involving merits to be determined.
The questions involving the merits to be determined by the court upon the hearing are:
(1) Whether the body or officer had jurisdiction of the subject matter of the determination under review.
(2) Whether the authority, conferred upon the body or officer in relation to that subject matter, has been pursued in the mode required by law, in order to authorize it or to make the determination.
(3) Whether, in making the determination, any rule of law affecting the rights of the parties thereto has been violated to the prejudice of the relator.
(4) Whether there was any competent proof of all the facts necessary to be proved, in order to authorize the making of the determination.
(5) Whether the factual determinations were supported by substantial evidence.
[ 1989 c 7 § 1; 1957 c 51 § 6; 1895 c 65 § 12; RRS § 1010.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.130 - Copy of judgment to inferior tribunal, board, or officer.

RCW 7.16.130
Copy of judgment to inferior tribunal, board, or officer.
A copy of the judgment signed by the clerk, must be transmitted to the inferior tribunal, board or officer having the custody of the record or proceeding certified up.
[ 1895 c 65 § 13; RRS § 1011.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.140 - Judgment roll.

RCW 7.16.140
Judgment roll.
A copy of the judgment signed by the clerk, entered upon or attached to the writ and return, constitute the judgment roll.
[ 1895 c 65 § 14; RRS § 1012.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.150 - Mandamus defined.

RCW 7.16.150
Mandamus defined.
The writ of mandamus may be denominated a writ of mandate.
[ 1895 c 65 § 15; RRS § 1013.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.160 - Grounds for granting writ.

RCW 7.16.160
Grounds for granting writ.
It may be issued by any court, except a district or municipal court, to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by such inferior tribunal, corporation, board or person.
[ 1987 c 202 § 131; 1987 c 3 § 3; 1895 c 65 § 16; RRS § 1014.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1987 c 3: See note following RCW 3.70.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.170 - Absence of remedy at law required—Affidavit.

RCW 7.16.170
Absence of remedy at law required—Affidavit.
The writ must be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It must be issued upon affidavit on the application of the party beneficially interested.
[ 1895 c 65 § 17; RRS § 1015.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.180 - Alternative or peremptory writs—Form.

RCW 7.16.180
Alternative or peremptory writs—Form.
The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party, immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court, at a specified time and place, why he or she has not done so. The peremptory writ must be in some similar form, except the words requiring the party to show cause why he or she has not done as commanded must be omitted and a return day inserted.
[ 2011 c 336 § 165; 1895 c 65 § 18; RRS § 1016.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.190 - Notice of application—No default.

RCW 7.16.190
Notice of application—No default.
When the application to the court is made without notice to the party, and the writ be allowed, the alternative must be first issued; and if the application be upon due notice and the writ be allowed, the peremptory writ may be issued in the first instance. The notice of the application, when given, must be at least ten days. The writ cannot be granted by default. The case must be heard by the court, whether the adverse party appear or not.
[ 1895 c 65 § 19; RRS § 1017.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.200 - Answer.

RCW 7.16.200
Answer.
On the return of the alternative, or the day on which the application for the writ is noticed, the party on whom the writ or notice has been served may show cause by answer, under oath, made in the same manner as an answer to a complaint in a civil action.
[ 1895 c 65 § 20; RRS § 1018.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.210 - Questions of fact, how determined.

RCW 7.16.210
Questions of fact, how determined.
If an answer be made which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation of which the application for the writ is based, the court may, in its discretion, order the question to be tried before a jury, and postpone the argument until such trial can be had, and the verdict certified to the court. The question to be tried must be distinctly stated in the order for trial, and the county must be designated in which the same shall be had. The order may also direct the jury to assess any damages which the appellant may have sustained, in case they find for him or her.
[ 2011 c 336 § 166; 1895 c 65 § 21; RRS § 1019.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.220 - Applicant may demur to answer or countervail it by proof.

RCW 7.16.220
Applicant may demur to answer or countervail it by proof.
On the trial the applicant is not precluded by the answer from any valid objections to its sufficiency, and may countervail it by proof, either in direct denial or by way of avoidance.
[ 1895 c 65 § 22; RRS § 1020.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.230 - Motion for new trial, where made.

RCW 7.16.230
Motion for new trial, where made.
The motion for new trial must be made in the court in which the issue of fact is tried.
[ 1895 c 65 § 23; RRS § 1021.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.240 - Certification of verdict—Argument.

RCW 7.16.240
Certification of verdict—Argument.
If no notice of a motion for a new trial be given, or if given, the motion be denied, the clerk, within five days after rendition of the verdict or denial of the motion, must transmit to the court in which the application for the writ is pending, a certified copy of the verdict attached to the order of trial, after which either party may bring on the argument of the application, upon reasonable notice to the adverse party.
[ 1895 c 65 § 24; RRS § 1022.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.250 - Hearing.

RCW 7.16.250
Hearing.
If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or puts in issue immaterial statements not affecting the substantial rights of the party, the court must proceed to hear or fix a day for hearing the argument of the case.
[ 1895 c 65 § 25; RRS § 1023.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.260 - Judgment for damages and costs—Peremptory mandate.

RCW 7.16.260
Judgment for damages and costs—Peremptory mandate.
If judgment be given for the applicant he or she may recover the damages which he or she has sustained, as found by the jury or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and for such damages and costs an execution may issue, and a peremptory mandate must also be awarded without delay.
[ 2011 c 336 § 167; 1895 c 65 § 26; RRS § 1024.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.270 - Service of writ.

RCW 7.16.270
Service of writ.
The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court. Service upon a majority of the members of any board or body is service upon the board or body, whether at the time of the service the board or body was in session or not.
[ 1895 c 65 § 27; RRS § 1025.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.280 - Enforcement of writ—Penalty.

RCW 7.16.280
Enforcement of writ—Penalty.
When a temporary mandate has been issued and directed to any inferior tribunal, corporation, board or person upon whom the writ has been personally served and such tribunal, corporation, board, or person has without just excuse, refused or neglected to obey the same, the court may, upon motion, impose a fine not exceeding one thousand dollars. In case of persistence in a refusal or disobedience, the court may order the party to be imprisoned until the writ is obeyed, and may make any orders necessary and proper for the complete enforcement of the writ.
[ 1957 c 51 § 7; 1895 c 65 § 28; RRS § 1026.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.290 - Prohibition defined.

RCW 7.16.290
Prohibition defined.
The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board or person.
[ 1895 c 65 § 29; RRS § 1027.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.300 - Grounds for granting writ—Affidavit.

RCW 7.16.300
Grounds for granting writ—Affidavit.
It may be issued by any court, except district or municipal courts, to an inferior tribunal, or to a corporation, board or person, in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It is issued upon affidavit, on the application of the person beneficially interested.
[ 1987 c 202 § 132; 1895 c 65 § 30; RRS § 1028.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.310 - Alternative or peremptory writs—Form.

RCW 7.16.310
Alternative or peremptory writs—Form.
The writ must be either alternative or peremptory. The alternative writ must state generally the allegations against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or matter specified therein until the further order of the court from which it is issued, and to show cause before such court, at a specified time and place, why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he or she should not be absolutely restrained, etc., must be omitted and a return day inserted.
[ 2011 c 336 § 168; 1895 c 65 § 31; RRS § 1029.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.320 - Provisions relating to mandate applicable.

RCW 7.16.320
Provisions relating to mandate applicable.
The provisions of this chapter relating to writ of mandate, apply to this proceeding.
[ 1895 c 65 § 32; RRS § 1030.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.330 - When writs may be made returnable.

RCW 7.16.330
When writs may be made returnable.
Writs of review, mandate, and prohibition issued by the supreme court, the court of appeals, or by a superior court, may, in the discretion of the court issuing the writ, be made returnable, and a hearing thereon be had at any time.
[ 1971 c 81 § 29; 1895 c 65 § 33; RRS § 1031.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.340 - Rules of practice.

RCW 7.16.340
Rules of practice.
Except as otherwise provided in this chapter, the provisions of the code of procedure concerning civil actions are applicable to and constitute the rules of practice in the proceedings in this chapter.
[ 1895 c 65 § 34; RRS § 1032.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.350 - Appellate review.

RCW 7.16.350
Appellate review.
From a final judgment in the superior court, in any such proceeding, appellate review by the supreme court or the court of appeals may be sought as in other actions.
[ 1988 c 202 § 4; 1971 c 81 § 30; 1895 c 65 § 35; RRS § 1033.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.16 - Certiorari, Mandamus, and Prohibition. › 7.16.360 - Inapplicability to action reviewable under Administrative Procedure Act or Land Use Petition Act.

RCW 7.16.360
Inapplicability to action reviewable under Administrative Procedure Act or Land Use Petition Act.
This chapter does not apply to state agency action reviewable under chapter 34.05 RCW or to land use decisions of local jurisdictions reviewable under chapter 36.70C RCW.
[ 1995 c 347 § 716; 1989 c 175 § 38.]
NOTES:
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.21 - Contempt of Court. › 7.21.010 - Definitions.

RCW 7.21.010
Definitions.
The definitions in this section apply throughout this chapter:
(1) "Contempt of court" means intentional:
(a) Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to impair its authority, or to interrupt the due course of a trial or other judicial proceedings;
(b) Disobedience of any lawful judgment, decree, order, or process of the court;
(c) Refusal as a witness to appear, be sworn, or, without lawful authority, to answer a question; or
(d) Refusal, without lawful authority, to produce a record, document, or other object.
(2) "Punitive sanction" means a sanction imposed to punish a past contempt of court for the purpose of upholding the authority of the court.
(3) "Remedial sanction" means a sanction imposed for the purpose of coercing performance when the contempt consists of the omission or refusal to perform an act that is yet in the person's power to perform.
[ 1989 c 373 § 1.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.21 - Contempt of Court. › 7.21.020 - Sanctions—Who may impose.

RCW 7.21.020
Sanctions—Who may impose.
A judge or commissioner of the supreme court, the court of appeals, or the superior court, a judge of a court of limited jurisdiction, and a commissioner of a court of limited jurisdiction may impose a sanction for contempt of court under this chapter.
[ 1998 c 3 § 1; 1989 c 373 § 2.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.21 - Contempt of Court. › 7.21.040 - Punitive sanctions—Fines.

RCW 7.21.040
Punitive sanctions—Fines.
(1) Except as otherwise provided in RCW 7.21.050, a punitive sanction for contempt of court may be imposed only pursuant to this section.
(2)(a) An action to impose a punitive sanction for contempt of court shall be commenced by a complaint or information filed by the prosecuting attorney or city attorney charging a person with contempt of court and reciting the punitive sanction sought to be imposed.
(b) If there is probable cause to believe that a contempt has been committed, the prosecuting attorney or city attorney may file the information or complaint on his or her own initiative or at the request of a person aggrieved by the contempt.
(c) A request that the prosecuting attorney or the city attorney commence an action under this section may be made by a judge presiding in an action or proceeding to which a contempt relates. If required for the administration of justice, the judge making the request may appoint a special counsel to prosecute an action to impose a punitive sanction for contempt of court.
A judge making a request pursuant to this subsection shall be disqualified from presiding at the trial.
(d) If the alleged contempt involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial of the contempt unless the person charged consents to the judge presiding at the trial.
(3) The court may hold a hearing on a motion for a remedial sanction jointly with a trial on an information or complaint seeking a punitive sanction.
(4) A punitive sanction may be imposed for past conduct that was a contempt of court even though similar present conduct is a continuing contempt of court.
(5) If the defendant is found guilty of contempt of court under this section, the court may impose for each separate contempt of court a fine of not more than five thousand dollars or imprisonment for up to three hundred sixty-four days, or both.
[ 2011 c 96 § 3; 2009 c 37 § 1; 1989 c 373 § 4.]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.21 - Contempt of Court. › 7.21.050 - Sanctions—Summary imposition—Procedure.

RCW 7.21.050
Sanctions—Summary imposition—Procedure.
(1) The judge presiding in an action or proceeding may summarily impose either a remedial or punitive sanction authorized by this chapter upon a person who commits a contempt of court within the courtroom if the judge certifies that he or she saw or heard the contempt. The judge shall impose the sanctions immediately after the contempt of court or at the end of the proceeding and only for the purpose of preserving order in the court and protecting the authority and dignity of the court. The person committing the contempt of court shall be given an opportunity to speak in mitigation of the contempt unless compelling circumstances demand otherwise. The order of contempt shall recite the facts, state the sanctions imposed, and be signed by the judge and entered on the record.
(2) A court, after a finding of contempt of court in a proceeding under subsection (1) of this section may impose for each separate contempt of court a punitive sanction of a fine of not more than five hundred dollars or imprisonment for not more than thirty days, or both, or a remedial sanction set forth in RCW 7.21.030(2). A forfeiture imposed as a remedial sanction under this subsection may not exceed more than five hundred dollars for each day the contempt continues.
[ 2009 c 37 § 2; 1989 c 373 § 5.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.21 - Contempt of Court. › 7.21.060 - Administrative actions or proceedings—Petition to court for imposition of sanctions.

RCW 7.21.060
Administrative actions or proceedings—Petition to court for imposition of sanctions.
A state administrative agency conducting an action or proceeding or a party to the action or proceeding may petition the superior court in the county in which the action or proceeding is being conducted for a remedial sanction specified in RCW 7.21.030 for conduct specified in RCW 7.21.010 in the action or proceeding.
[ 1989 c 373 § 6.]