reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.28 - Commencement of Actions. › 4.28.185 - Personal service out-of-state—Acts submitting person to jurisdiction of courts—Saving.

RCW 4.28.185
Personal service out-of-state—Acts submitting person to jurisdiction of courts—Saving.
(1) Any person, whether or not a citizen or resident of this state, who in person or through an agent does any of the acts in this section enumerated, thereby submits said person, and, if an individual, his or her personal representative, to the jurisdiction of the courts of this state as to any cause of action arising from the doing of any of said acts:
(a) The transaction of any business within this state;
(b) The commission of a tortious act within this state;
(c) The ownership, use, or possession of any property whether real or personal situated in this state;
(d) Contracting to insure any person, property, or risk located within this state at the time of contracting;
(e) The act of sexual intercourse within this state with respect to which a child may have been conceived;
(f) Living in a marital relationship within this state notwithstanding subsequent departure from this state, as to all proceedings authorized by chapter 26.09 RCW, so long as the petitioning party has continued to reside in this state or has continued to be a member of the armed forces stationed in this state.
(2) Service of process upon any person who is subject to the jurisdiction of the courts of this state, as provided in this section, may be made by personally serving the defendant outside this state, as provided in RCW 4.28.180, with the same force and effect as though personally served within this state.
(3) Only causes of action arising from acts enumerated herein may be asserted against a defendant in an action in which jurisdiction over him or her is based upon this section.
(4) Personal service outside the state shall be valid only when an affidavit is made and filed to the effect that service cannot be made within the state.
(5) In the event the defendant is personally served outside the state on causes of action enumerated in this section, and prevails in the action, there may be taxed and allowed to the defendant as part of the costs of defending the action a reasonable amount to be fixed by the court as attorneys' fees.
(6) Nothing herein contained limits or affects the right to serve any process in any other manner now or hereafter provided by law.
[ 2011 c 336 § 100; 1977 c 39 § 1; 1975-'76 2nd ex.s. c 42 § 22; 1959 c 131 § 2.]
NOTES:
Rules of court: Cf. CR 4(e), CR 12(a), CR 82(a).
Uniform parentage act: Chapter 26.26A RCW.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.28 - Commencement of Actions. › 4.28.200 - Right of one constructively served to appear and defend or reopen.

RCW 4.28.200
Right of one constructively served to appear and defend or reopen.
If the summons is not served personally on the defendant in the cases provided in RCW 4.28.110 and 4.28.180, he or she or his or her representatives, on application and sufficient cause shown, at any time before judgment, shall be allowed to defend the action and, except in an action for divorce, the defendant or his or her representative may in like manner be allowed to defend after judgment, and within one year after the rendition of such judgment, on such terms as may be just; and if the defense is successful, and the judgment, or any part thereof, has been collected or otherwise enforced, such restitution may thereupon be compelled as the court directs.
[ 2011 c 336 § 101; 1893 c 127 § 12; RRS § 235.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.28 - Commencement of Actions. › 4.28.210 - Appearance, what constitutes.

RCW 4.28.210
Appearance, what constitutes.
A defendant appears in an action when he or she answers, demurs, makes any application for an order therein, or gives the plaintiff written notice of his or her appearance. After appearance a defendant is entitled to notice of all subsequent proceedings; but when a defendant has not appeared, service of notice or papers in the ordinary proceedings in an action need not be made upon him or her. Every such appearance made in an action shall be deemed a general appearance, unless the defendant in making the same states that the same is a special appearance.
[ 2011 c 336 § 102; 1893 c 127 § 16; RRS § 241.]
NOTES:
Rules of court: Demurrers abolished—CR 7(c).
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.28 - Commencement of Actions. › 4.28.290 - Assessment of damages without answer.

RCW 4.28.290
Assessment of damages without answer.
A defendant who has appeared may, without answering, demand in writing an assessment of damages, of the amount which the plaintiff is entitled to recover, and thereupon such assessment shall be had or any such amount ascertained in such manner as the court on application may direct, and judgment entered by the clerk for the amount so assessed or ascertained.
[ 1893 c 127 § 25; RRS § 251.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.28 - Commencement of Actions. › 4.28.320 - Lis pendens in actions affecting title to real estate.

RCW 4.28.320
Lis pendens in actions affecting title to real estate.
At any time after an action affecting title to real property has been commenced, or after a writ of attachment with respect to real property has been issued in an action, or after a receiver has been appointed with respect to any real property, the plaintiff, the defendant, or such a receiver may file with the auditor of each county in which the property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action, and a description of the real property in that county affected thereby. From the time of the filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer, and shall be bound by all proceedings taken after the filing of such notice to the same extent as if he or she were a party to the action. For the purpose of this section an action shall be deemed to be pending from the time of filing such notice: PROVIDED, HOWEVER, That such notice shall be of no avail unless it shall be followed by the first publication of the summons, or by the personal service thereof on a defendant within sixty days after such filing. And the court in which the said action was commenced may, at its discretion, at any time after the action shall be settled, discontinued or abated, on application of any person aggrieved and on good cause shown and on such notice as shall be directed or approved by the court, order the notice authorized in this section to be canceled of record, in whole or in part, by the county auditor of any county in whose office the same may have been filed or recorded, and such cancellation shall be evidenced by the recording of the court order.
[ 2004 c 165 § 33; 1999 c 233 § 1; 1893 c 127 § 17; RRS § 243.]
NOTES:
Purpose—Captions not law—2004 c 165: See notes following RCW 7.60.005.
Effective date—1999 c 233: "This act takes effect August 1, 1999." [ 1999 c 233 § 24.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.28 - Commencement of Actions. › 4.28.325 - Lis pendens in actions in United States district courts affecting title to real estate.

RCW 4.28.325
Lis pendens in actions in United States district courts affecting title to real estate.
In an action in a United States district court for any district in the state of Washington affecting the title to real property in the state of Washington, the plaintiff, at the time of filing the complaint, or at any time afterwards, or a defendant, when he or she sets up an affirmative cause of action in his or her answer, or at any time afterward, if the same be intended to affect real property, may file with the auditor of each county in which the property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action and a description of the real property in that county affected thereby. From the time of the filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer, and shall be bound by all proceedings taken after the filing of such notice to the same extent as if he or she were a party to the action. For the purpose of this section an action shall be deemed to be pending from the time of filing such notice: PROVIDED, HOWEVER, That such notice shall be of no avail unless it shall be followed by the first publication of the summons, or by personal service thereof on a defendant within sixty days after such filing. And the court in which the said action was commenced may, in its discretion, at any time after the action shall be settled, discontinued, or abated, on application of any person aggrieved and on good cause shown and on such notice as shall be directed or approved by the court, order the notice authorized in this section to be canceled, in whole or in part, by the county auditor of any county in whose office the same may have been filed or recorded, and such cancellation shall be evidenced by the recording of the court order.
[ 2011 c 336 § 103; 1999 c 233 § 4; 1963 c 137 § 1.]
NOTES:
Effective date—1999 c 233: See note following RCW 4.28.320.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.28 - Commencement of Actions. › 4.28.328 - Lis pendens—Liability of claimants—Damages, costs, attorneys' fees.

RCW 4.28.328
Lis pendens—Liability of claimants—Damages, costs, attorneys' fees.
(1) For purposes of this section:
(a) "Lis pendens" means a lis pendens filed under RCW 4.28.320 or 4.28.325 or other instrument having the effect of clouding the title to real property, however named, including consensual commercial lien, common law lien, commercial contractual lien, or demand for performance of public office lien, but does not include a lis pendens filed in connection with an action under Title 6, 60, other than chapter 60.70 RCW, or 61 RCW;
(b) "Claimant" means a person who files a lis pendens, but does not include the United States, any agency thereof, or the state of Washington, any agency, political subdivision, or municipal corporation thereof; and
(c) "Aggrieved party" means (i) a person against whom the claimant asserted the cause of action in which the lis pendens was filed, but does not include parties fictitiously named in the pleading; or (ii) a person having an interest or a right to acquire an interest in the real property against which the lis pendens was filed, provided that the claimant had actual or constructive knowledge of such interest or right when the lis pendens was filed.
(2) A claimant in an action not affecting the title to real property against which the lis pendens was filed is liable to an aggrieved party who prevails on a motion to cancel the lis pendens, for actual damages caused by filing the lis pendens, and for reasonable attorneys' fees incurred in canceling the lis pendens.
(3) Unless the claimant establishes a substantial justification for filing the lis pendens, a claimant is liable to an aggrieved party who prevails in defense of the action in which the lis pendens was filed for actual damages caused by filing the lis pendens, and in the court's discretion, reasonable attorneys' fees and costs incurred in defending the action.
[ 1994 c 155 § 1.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.28 - Commencement of Actions. › 4.28.330 - Notice to alien property custodian.

RCW 4.28.330
Notice to alien property custodian.
In any court or administrative action or proceeding within this state, involving property within this state or any interest therein, in which service of process is required to be made upon or notice thereof given to any person who is in a designated enemy country or enemy-occupied territory, in addition to the service of process upon or giving of notice to the person as required by any law, statute or rule applicable to the action or proceeding, a copy of the process or notice shall be sent by registered mail to the alien property custodian, Washington, District of Columbia.
[ 1943 c 62 § 1; Rem. Supp. 1943 § 254-1.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.28 - Commencement of Actions. › 4.28.340 - Notice to alien property custodian—Definitions.

RCW 4.28.340
Notice to alien property custodian—Definitions.
For the purposes of RCW 4.28.330 through 4.28.350:
(1) "Person" includes any individual, partnership, association and corporation;
(2) "Designated enemy country" means any foreign country as to which the United States has declared the existence of a state of war and any other country with which the United States is at war in the future;
(3) "Enemy-occupied territory" means any place under the control of any designated enemy country or any place with which, by reason of the existence of a state of war, the United States does not maintain postal communication.
[ 1943 c 62 § 2; Rem. Supp. 1943 § 254-2.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.28 - Commencement of Actions. › 4.28.350 - Notice to alien property custodian—Duration.

RCW 4.28.350
Notice to alien property custodian—Duration.
RCW 4.28.330 and 4.28.340 shall remain in force only so long as a state of war shall exist between the United States and the designated enemy country involved in the action or proceeding described in RCW 4.28.330.
[ 1943 c 62 § 3; Rem. Supp. 1943 § 254-3.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.28 - Commencement of Actions. › 4.28.360 - Personal injury action—Complaint not to include statement of damages—Request for statement.

RCW 4.28.360
Personal injury action—Complaint not to include statement of damages—Request for statement.
In any civil action for personal injuries, the complaint shall not contain a statement of the damages sought but shall contain a prayer for damages as shall be determined. A defendant in such action may at any time request a statement from the plaintiff setting forth separately the amounts of any special damages and general damages sought. Not later than fifteen days after service of such request to the plaintiff, the plaintiff shall have served the defendant with such statement.
[1975-'76 2nd ex.s. c 56 § 2.]
NOTES:
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.
Actions and procedure for injuries resulting from health care: Chapter 7.70 RCW.
Verdict or award of future economic damages in personal injury or property damage action may provide for periodic payments: RCW 4.56.260.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.28 - Commencement of Actions. › 4.28.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 4.28.900
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 § 11.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.32 - Pleadings. › 4.32.070 - Objection may be taken by answer.

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 § 79; 1877 p 18 § 79; 1854 p 139 § 42; RRS § 261.]
NOTES:
*Reviser's note: RCW 4.32.050 was repealed by 1984 c 76 § 11.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.32 - Pleadings. › 4.32.120 - Setoff against beneficiary of trust estate.

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 § 498; 1877 p 107 § 502; RRS § 267.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.32 - Pleadings. › 4.32.130 - Setoff in probate actions brought by personal representatives.

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 § 499; 1877 p 107 § 503; RRS § 268.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.32 - Pleadings. › 4.32.140 - Setoff in probate actions against personal representatives.

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 § 501; 1877 p 107 § 505; RRS § 270.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.32 - Pleadings. › 4.32.150 - Setoff must be pleaded.

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 § 104; Code 1881 § 502; 1877 p 108 § 506; RRS § 271.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.32 - Pleadings. › 4.32.170 - Answer may be stricken.

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 § 85; 1877 p 19 § 85; 1869 p 21 § 83; 1854 p 140 § 47; RRS § 275.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.32 - Pleadings. › 4.32.250 - Effect of minor defects in pleading.

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 § 2; 1893 c 127 § 24; RRS § 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.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.36 - General Rules of Pleading. › 4.36.070 - Pleading judgments.

RCW 4.36.070
Pleading judgments.
In pleading a judgment or other determination of a court or office of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading shall be bound to establish on the trial the facts conferring jurisdiction.
[Code 1881 § 96; 1877 p 21 § 96; 1854 p 142 § 58; RRS § 287.]
NOTES:
Rules of court: Cf. CR 9(e).
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.36 - General Rules of Pleading. › 4.36.080 - Conditions precedent, how pleaded.

RCW 4.36.080
Conditions precedent, how pleaded.
In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his or her part; and if such allegation be controverted, the party pleading shall be bound to establish, on the trial, the facts showing such performance.
[ 2011 c 336 § 105; Code 1881 § 97; 1877 p 21 § 97; 1854 p 142 § 59; RRS § 288.]
NOTES:
Rules of court: Cf. CR 9(c).
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.36 - General Rules of Pleading. › 4.36.120 - Libel or slander, how pleaded.

RCW 4.36.120
Libel or slander, how pleaded.
In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause arose, but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall be bound to establish on trial that it was so published or spoken.
[Code 1881 § 99; 1877 p 22 § 99; 1854 p 142 § 61; RRS § 292.]
NOTES:
Rules of court: Cf. CR 8.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.36 - General Rules of Pleading. › 4.36.130 - Answer in justification and mitigation.

RCW 4.36.130
Answer in justification and mitigation.
In an action mentioned in RCW 4.36.120, the defendant may, in his or her answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances to reduce the amount of damages; and whether he or she proves the justification or not, he or she may give in evidence the mitigating circumstances.
[ 2011 c 336 § 106; Code 1881 § 100; 1877 p 22 § 100; 1854 p 143 § 62; RRS § 293.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.36 - General Rules of Pleading. › 4.36.140 - Answer in action to recover property distrained.

RCW 4.36.140
Answer in action to recover property distrained.
In an action to recover the possession of property distrained doing damage, an answer that the defendant or person by whose command he or she acted, was lawfully possessed of the real property upon which the distress was made, and that the property distrained was at the time doing the damage thereon, shall be good, without setting forth the title to such real property.
[ 2011 c 336 § 107; Code 1881 § 101; 1877 p 22 § 101; 1854 p 143 § 63; RRS § 295.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.36 - General Rules of Pleading. › 4.36.170 - Material allegation defined.

RCW 4.36.170
Material allegation defined.
A material allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient.
[Code 1881 § 104; 1877 p 22 § 104; 1854 p 143 § 65; RRS § 298.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.36 - General Rules of Pleading. › 4.36.210 - Variance in action to recover personal property.

RCW 4.36.210
Variance in action to recover personal property.
Where the plaintiff in an action to recover the possession of personal property on a claim of being the owner thereof, shall fail to establish on trial such ownership, but shall prove that he or she is entitled to the possession thereof, by virtue of a special property therein, he or she shall not thereby be defeated of his or her action, but shall be permitted to amend, on reasonable terms his or her complaint, and be entitled to judgment according to the proof in the case.
[ 2011 c 336 § 108; Code 1881 § 108; 1877 p 23 § 108; 1869 p 27 § 106; 1856 p 10 § 11; RRS § 302.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.36 - General Rules of Pleading. › 4.36.240 - Harmless error disregarded.

RCW 4.36.240
Harmless error disregarded.
The court shall, in every stage of an action, disregard any error or defect in pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
[Code 1881 § 113; 1877 p 24 § 113; 1854 p 144 § 71; RRS § 307.]
NOTES:
Rules of court: Cf. RAP 2.4(a), 18.22.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.40 - Issues. › 4.40.010 - Issues defined—Kinds.

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 § 28; Code 1881 § 200; 1877 p 42 § 204; 1854 p 163 § 179; RRS § 309.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.40 - Issues. › 4.40.050 - Trial of issue of law.

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 § 32; Code 1881 § 204; 1877 p 42 § 208; 1854 p 164 § 183; RRS § 313.]
NOTES:
Trial before referee: Chapter 4.48 RCW.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.40 - Issues. › 4.40.060 - Trial of certain issues of fact—Jury.

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 § 33; Code 1881 § 204; 1877 p 42 § 208; 1873 p 52 § 206; 1869 p 50 § 208; 1854 p 164 § 183; RRS § 314.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.40 - Issues. › 4.40.070 - Trial of other issues of fact.

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 § 34; RRS § 315.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.020 - Notice of trial—Note of issue.

RCW 4.44.020
Notice of trial—Note of issue.
At any time after the issues of fact are completed in any case by the service of complaint and answer or reply when necessary, as herein provided, either party may cause the issues of fact to be brought on for trial, by serving upon the opposite party a notice of trial at least three days before any day provided by rules of court for setting causes for trial, which notice shall give the title of the cause as in the pleadings, and notify the opposite party that the issues in such action will be brought on for trial at the time set by the court; and the party giving such notice of trial shall, at least five days before the day of setting such causes for trial file with the clerk of the court a note of issue containing the title of the action, the names of the attorneys and the date when the last pleading was served; and the clerk shall thereupon enter the cause upon the trial docket according to the date of the issue.
In case an issue of law raised upon the pleadings is desired to be brought on for argument, either party shall, at least five days before the day set apart by the court under its rules for hearing issues of law, serve upon the opposite party a like notice of trial and furnish the clerk of the court with a note of issue as above provided, which note of issue shall specify that the issue to be tried is an issue of law; and the clerk of the court shall thereupon enter such action upon the motion docket of the court.
When a cause has once been placed upon either docket of the court, if not tried or argued at the time for which notice was given, it need not be noticed for a subsequent session or day, but shall remain upon the docket from session to session or from law day to law day until final disposition or stricken off by the court. The party upon whom notice of trial is served may file the note of issue and cause the action to be placed upon the calendar without further notice.
[ 2003 c 406 § 1; 1893 c 127 § 35; RRS § 319.]
NOTES:
Rules of court: Cf. CR 40(a).
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.025 - Priority permitted for aged or ill parties in civil cases.

RCW 4.44.025
Priority permitted for aged or ill parties in civil cases.
When setting civil cases for trial, unless otherwise provided by statute, upon motion of a party, the court may give priority to cases in which a party is frail and over seventy years of age, a party is afflicted with a terminal illness, or other good cause is shown for an expedited trial date.
[ 2003 c 406 § 2; 1991 c 197 § 1.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.060 - Proceedings in trial by court—Findings deemed verdict.

RCW 4.44.060
Proceedings in trial by court—Findings deemed verdict.
The order of proceedings on a trial by the court shall be the same as provided in trials by jury. The finding of the court upon the facts shall be deemed a verdict, and may be set aside in the same manner and for the same reason as far as applicable, and a new trial granted.
[Code 1881 § 247; 1877 p 51 § 251; 1869 p 60 § 251; RRS § 368.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.070 - Findings and conclusions, how made.

RCW 4.44.070
Findings and conclusions, how made.
In any case tried upon the facts without a jury or with an advisory jury, any party may, when the evidence is closed, submit distinct and concise proposed findings of fact and conclusions of law. They may be written and handed to the court, or at the option of the court, oral, and entered in the record.
[ 2003 c 406 § 3; Code 1881 § 222; 1877 p 47 § 226; 1869 p 56 § 226; RRS § 341.]
NOTES:
Rules of court: Cf. CR 52(a).
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.080 - Questions of law to be decided by court.

RCW 4.44.080
Questions of law to be decided by court.
All questions of law including the admissibility of testimony, the facts preliminary to such admission, and the construction of statutes and other writings, and other rules of evidence, are to be decided by the court, and all discussions of law addressed to it.
[Code 1881 § 223; 1877 p 47 § 227; 1869 p 56 § 227; RRS § 342.]
NOTES:
Rules of court: Cf. ER 104 and ER 1008.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.090 - Questions of fact for jury.

RCW 4.44.090
Questions of fact for jury.
All questions of fact other than those mentioned in RCW 4.44.080, shall be decided by the jury, and all evidence thereon addressed to them.
[Code 1881 § 224; 1877 p 47 § 228; 1869 p 56 § 228; RRS § 343.]
NOTES:
Rules of court: Cf. ER 1008.
Charging juries: State Constitution Art. 4 § 16.
Right to trial by jury: State Constitution Art. 1 § 21; RCW 4.48.010.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.110 - Jury fee part of taxable costs.

RCW 4.44.110
Jury fee part of taxable costs.
The jury fee paid by the party demanding a trial by jury shall be a part of the taxable costs in such action.
[ 1961 c 304 § 3; 1903 c 43 § 2; RRS § 317.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.120 - Impanelling jury—Voir dire, challenge for cause—Number.

RCW 4.44.120
Impanelling jury—Voir dire, challenge for cause—Number.
When the action is called for trial, a panel of potential jurors shall be selected at random from the citizens summoned for jury service who have appeared and have not been excused. A voir dire examination of the panel shall be conducted for the purpose of discovering any basis for challenge for cause and to permit the intelligent exercise of peremptory challenges. Any necessary additions to the panel shall be selected at random from the list of qualified jurors. The jury shall consist of six persons, unless the parties in their written demand for jury demand that the jury be twelve in number or consent to a less number. The parties may consent to a jury less than six in number but not less than three, and such consent shall be entered in the record.
[ 2003 c 406 § 4; 1996 c 40 § 1; 1972 ex.s. c 57 § 3; Code 1881 § 206; 1877 p 43 § 210; 1869 p 51 § 210; 1854 p 164 § 185; RRS § 323.]
NOTES:
Rules of court: Cf. CR 48.
Juries, district courts: Chapter 12.12 RCW.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.130 - Challenges—Kind and number.

RCW 4.44.130
Challenges—Kind and number.
Either party may challenge the jurors. The challenge shall be to individual jurors, and be peremptory or for cause. Each party shall be entitled to three peremptory challenges. When there is more than one party on either side, the parties need not join in a challenge for cause; but, they shall join in a peremptory challenge before it can be made. If the court finds that there is a conflict of interests between parties on the same side, the court may allow each conflicting party up to three peremptory challenges.
[ 1969 ex.s. c 37 § 1; Code 1881 § 207; 1877 p 43 § 211; 1854 p 165 § 186; RRS § 324.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.140 - Peremptory challenges defined.

RCW 4.44.140
Peremptory challenges defined.
A peremptory challenge is an objection to a juror for which no reason need be given, but upon which the court shall exclude the juror.
[ 2003 c 406 § 5; Code 1881 § 208; 1877 p 43 § 212; 1869 p 51 § 212; RRS § 325.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.150 - Challenges for cause defined.

RCW 4.44.150
Challenges for cause defined.
A challenge for cause is an objection to a juror, and may be either:
(1) General; that the juror is disqualified from serving in any action; or
(2) Particular; that the juror is disqualified from serving in the action on trial.
[ 2003 c 406 § 6; Code 1881 § 209; 1877 p 43 § 213; 1869 p 51 § 213; RRS § 326.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.160 - General causes of challenge.

RCW 4.44.160
General causes of challenge.
General causes of challenge are:
(1) A want of any of the qualifications prescribed for a juror, as set out in RCW 2.36.070.
(2) Unsoundness of mind, or such defect in the faculties of the mind, or organs of the body, as renders him or her incapable of performing the duties of a juror in any action.
[ 1992 c 93 § 6; 1975 1st ex.s. c 203 § 2; Code 1881 § 210; 1877 p 44 § 214; 1869 p 52 § 214; RRS § 327.]
NOTES:
Qualifications of jurors: RCW 2.36.070.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.170 - Particular causes of challenge.

RCW 4.44.170
Particular causes of challenge.
Particular causes of challenge are of three kinds:
(1) For such a bias as when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this code as implied bias.
(2) For the existence of a state of mind on the part of the juror in reference to the action, or to either party, which satisfies the court that the challenged person cannot try the issue impartially and without prejudice to the substantial rights of the party challenging, and which is known in this code as actual bias.
(3) For the existence of a defect in the functions or organs of the body which satisfies the court that the challenged person is incapable of performing the duties of a juror in the particular action without prejudice to the substantial rights of the party challenging.
[ 1975 1st ex.s. c 203 § 3; Code 1881 § 211; 1877 p 44 § 215; 1869 p 52 § 215; RRS § 329.]
NOTES:
Reviser's note: The word "code" appeared in Code 1881 § 211.
Qualification of jurors: RCW 2.36.070.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.180 - Implied bias defined.

RCW 4.44.180
Implied bias defined.
A challenge for implied bias may be taken for any or all of the following causes, and not otherwise:
(1) Consanguinity or affinity within the fourth degree to either party.
(2) Standing in the relation of guardian and ward, attorney and client, master and servant or landlord and tenant, to a party; or being a member of the family of, or a partner in business with, or in the employment for wages, of a party, or being surety or bail in the action called for trial, or otherwise, for a party.
(3) Having served as a juror on a previous trial in the same action, or in another action between the same parties for the same cause of action, or in a criminal action by the state against either party, upon substantially the same facts or transaction.
(4) Interest on the part of the juror in the event of the action, or the principal question involved therein, excepting always, the interest of the juror as a member or citizen of the county or municipal corporation.
[ 2003 c 406 § 7; Code 1881 § 212; 1877 p 44 § 216; 1869 p 52 § 216; 1854 p 165 § 187; RRS § 330.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.190 - Challenge for actual bias.

RCW 4.44.190
Challenge for actual bias.
A challenge for actual bias may be taken for the cause mentioned in RCW 4.44.170(2). But on the trial of such challenge, although it should appear that the juror challenged has formed or expressed an opinion upon what he or she may have heard or read, such opinion shall not of itself be sufficient to sustain the challenge, but the court must be satisfied, from all the circumstances, that the juror cannot disregard such opinion and try the issue impartially.
[ 2003 c 406 § 8; Code 1881 § 213; 1877 p 44 § 217; 1869 p 53 § 217; RRS § 331.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.210 - Peremptory challenges, how taken.

RCW 4.44.210
Peremptory challenges, how taken.
The jurors having been examined as to their qualifications, first by the plaintiff and then by the defendant, and passed for cause, the peremptory challenges shall be conducted as follows, to wit:
The plaintiff may challenge one, and then the defendant may challenge one, and so alternately until the peremptory challenges shall be exhausted. During this alternating process, if one of the parties declines to exercise a peremptory challenge, then that party may no longer peremptorily challenge any of the jurors in the group for which challenges are then being considered and may only peremptorily challenge any jurors later added to that group. A refusal to challenge by either party in the said order of alternation shall not prevent the adverse party from using the full number of challenges.
[ 2003 c 406 § 9; Code 1881 § 215; 1877 p 45 § 219; 1869 p 53 § 219; RRS § 333.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.220 - Order of taking challenges.

RCW 4.44.220
Order of taking challenges.
The challenges of either party shall be taken separately in the following order, including in each challenge all the causes of challenge belonging to the same class:
(1) Challenges for cause.
(2) Peremptory challenges.
[ 2003 c 406 § 10; Code 1881 § 216; 1877 p 45 § 220; 1869 p 53 § 220; RRS § 334.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.230 - Exceptions to challenges—Determination.

RCW 4.44.230
Exceptions to challenges—Determination.
The challenge may be excepted to by the adverse party for insufficiency, and if so, the court shall determine the sufficiency thereof, assuming the facts alleged therein to be true. The challenge may be denied by the adverse party, and if so, the court shall determine the facts and decide the issue.
[ 2003 c 406 § 11; Code 1881 § 217; 1877 p 45 § 221; 1869 p 53 § 221; RRS § 335.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.240 - Challenge determination.

RCW 4.44.240
Challenge determination.
When facts are determined under RCW 4.44.230, the rules of evidence applicable to testimony offered upon the trial of an ordinary issue of fact shall govern. The juror challenged, or any other person otherwise competent may be examined as a witness by either party. If the challenge is sustained, the juror shall be dismissed from the case; otherwise, the juror shall be retained.
[ 2003 c 406 § 12; Code 1881 § 218; 1877 p 45 § 222; 1869 p 54 § 222; RRS § 336.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.250 - Challenge, exception, denial may be oral.

RCW 4.44.250
Challenge, exception, denial may be oral.
The challenge, the exception, and the denial may be made orally. The judge shall enter the same upon the record, along with the substance of the testimony on either side.
[ 2003 c 406 § 13; Code 1881 § 219; 1877 p 45 § 223; 1869 p 54 § 223; RRS § 337.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.260 - Oath of jurors.

RCW 4.44.260
Oath of jurors.
When the jury has been selected, an oath or affirmation shall be administered to the jurors, in substance that they and each of them, will well, and truly try, the matter in issue between the plaintiff and defendant, and a true verdict give, according to the law and evidence as given them on the trial.
[ 2003 c 406 § 14; Code 1881 § 220; 1877 p 46 § 224; 1869 p 54 § 224; RRS § 338.]
NOTES:
Oaths and mode of administering: State Constitution Art. 1 § 6.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.270 - View of premises by jury.

RCW 4.44.270
View of premises by jury.
Whenever in the opinion of the court it is proper that the jury should have a view of real property which is the subject of litigation, or of the place in which any material fact occurred, it may order the jury to be conducted in a body, in the custody of a proper officer, to the place which shall be shown to them by the judge or by a person appointed by the court for that purpose. While the jury are thus absent no person other than the judge, or person so appointed, shall speak to them on any subject connected with the trial.
[Code 1881 § 225; 1877 p 47 § 229; 1869 p 56 § 229; RRS § 344.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.280 - Admonitions to jurors.

RCW 4.44.280
Admonitions to jurors.
The court may admonish the jurors that they must not discuss among themselves any subject connected with the trial until they begin their deliberations. The court may also admonish the jurors that they must not discuss with nonjurors any subject connected with the trial until the jurors have been dismissed from the case.
[ 2003 c 406 § 15; 1957 c 7 § 5; Code 1881 § 226; 1877 p 47 § 230; 1869 p 56 § 230; RRS § 345.]
NOTES:
Care of jury while deliberating: RCW 4.44.300.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.290 - Replacement juror procedure.

RCW 4.44.290
Replacement juror procedure.
If after the formation of the jury, and before verdict, a juror becomes unable to perform his or her duty, the court may discharge the juror. In that case, unless the parties agree to proceed with the other jurors: (1) An alternate juror may replace the discharged juror and the jury instructed to start their deliberations anew; (2) a new juror may be sworn and the trial begin anew; or (3) the jury may be discharged and a new jury then or afterwards formed.
[ 2003 c 406 § 16; Code 1881 § 227; 1877 p 48 § 231; 1869 p 56 § 231; RRS § 347.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.300 - Care of jury while deliberating.

RCW 4.44.300
Care of jury while deliberating.
During deliberations, the jury may be allowed to separate unless good cause is shown, on the record, for sequestration of the jury. Unless the members of a deliberating jury are allowed to separate, they must be kept together in a room provided for them, or some other convenient place under the charge of one or more officers, until they agree upon their verdict, or are discharged by the court. The officer shall, to the best of his or her ability, keep the jury separate from other persons. The officer shall not allow any communication to be made to them, nor make any himself or herself, unless by order of the court, except to ask them if they have agreed upon their verdict, and the officer shall not, before the verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed on.
[ 2003 c 406 § 17; Code 1881 § 229; 1877 p 48 § 233; 1869 p 57 § 233; 1854 p 166 § 194; RRS § 349.]
NOTES:
Rules of court: Cf. CR 47(i), 51(h).
Admonitions to jury, separation: RCW 4.44.280.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.310 - Expense of keeping jury.

RCW 4.44.310
Expense of keeping jury.
If, while the jury are kept together, either during the progress of the trial or after their retirement for deliberation, the court orders them to be provided with suitable and sufficient food and lodging, they shall be so provided at the expense of the county.
[ 2003 c 406 § 18; Code 1881 § 230; 1877 p 48 § 234; 1869 p 57 § 234; RRS § 350.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.330 - Discharge of jury without verdict.

RCW 4.44.330
Discharge of jury without verdict.
The jury may be discharged by the court on account of the sickness of a juror, or other accident or calamity requiring their discharge, or by consent of both parties, or after they have been kept together until it satisfactorily appears that there is no probability of their agreeing.
[Code 1881 § 233; 1877 p 48 § 237; 1869 p 58 § 237; RRS § 353.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.340 - Effect of discharge of jury.

RCW 4.44.340
Effect of discharge of jury.
In all cases where a jury are discharged or prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial or after the cause is submitted to them, the action shall thereafter be for trial anew.
[ 1891 c 60 § 2; Code 1881 § 234; 1877 p 49 § 238; 1869 p 58 § 238; RRS § 354.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.350 - Court recess while jury is out.

RCW 4.44.350
Court recess while jury is out.
While the jury is absent the court may adjourn from time to time, in respect to other business, but it is nevertheless to be deemed open for every purpose connected with the cause submitted to the jury until a verdict is rendered or the jury discharged.
[ 1957 c 9 § 2; Code 1881 § 235; 1877 p 49 § 239; 1869 p 58 § 239; 1854 p 166 § 197; RRS § 355.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.44 - Trial. › 4.44.360 - Proceedings when jury have agreed.

RCW 4.44.360
Proceedings when jury have agreed.
When the jury have agreed upon their verdict they shall be conducted into court by the officer having them in charge.
[ 2003 c 406 § 19; Code 1881 § 236; 1877 p 49 § 240; 1869 p 58 § 240; RRS § 356.]