reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.84 - Costs. › 4.84.250 - Attorneys' fees as costs in damage actions of ten thousand dollars or less—Allowed to prevailing party.

RCW 4.84.250
Attorneys' fees as costs in damage actions of ten thousand dollars or less—Allowed to prevailing party.
Notwithstanding any other provisions of chapter 4.84 RCW and RCW 12.20.060, in any action for damages where the amount pleaded by the prevailing party as hereinafter defined, exclusive of costs, is seven thousand five hundred dollars or less, there shall be taxed and allowed to the prevailing party as a part of the costs of the action a reasonable amount to be fixed by the court as attorneys' fees. After July 1, 1985, the maximum amount of the pleading under this section shall be ten thousand dollars.
[ 1984 c 258 § 88; 1980 c 94 § 1; 1973 c 84 § 1.]
NOTES:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Effective date—1980 c 94: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect May 1, 1980." [ 1980 c 94 § 6.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.84 - Costs. › 4.84.260 - Attorneys' fees as costs in damage actions of ten thousand dollars or less—When plaintiff deemed prevailing party.

RCW 4.84.260
Attorneys' fees as costs in damage actions of ten thousand dollars or less—When plaintiff deemed prevailing party.
The plaintiff, or party seeking relief, shall be deemed the prevailing party within the meaning of RCW 4.84.250 when the recovery, exclusive of costs, is as much as or more than the amount offered in settlement by the plaintiff, or party seeking relief, as set forth in RCW 4.84.280.
[ 1973 c 84 § 2.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.84 - Costs. › 4.84.270 - Attorneys' fees as costs in damage actions of ten thousand dollars or less—When defendant deemed prevailing party.

RCW 4.84.270
Attorneys' fees as costs in damage actions of ten thousand dollars or less—When defendant deemed prevailing party.
The defendant, or party resisting relief, shall be deemed the prevailing party within the meaning of RCW 4.84.250, if the plaintiff, or party seeking relief in an action for damages where the amount pleaded, exclusive of costs, is equal to or less than the maximum allowed under RCW 4.84.250, recovers nothing, or if the recovery, exclusive of costs, is the same or less than the amount offered in settlement by the defendant, or the party resisting relief, as set forth in RCW 4.84.280.
[ 1980 c 94 § 2; 1973 c 84 § 3.]
NOTES:
Effective date—1980 c 94: See note following RCW 4.84.250.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.84 - Costs. › 4.84.280 - Attorneys' fees as costs in damage actions of ten thousand dollars or less—Offers of settlement in determining.

RCW 4.84.280
Attorneys' fees as costs in damage actions of ten thousand dollars or less—Offers of settlement in determining.
Offers of settlement shall be served on the adverse party in the manner prescribed by applicable court rules at least ten days prior to trial. Offers of settlement shall not be served until thirty days after the completion of the service and filing of the summons and complaint. Offers of settlement shall not be filed or communicated to the trier of the fact until after judgment, at which time a copy of said offer of settlement shall be filed for the purposes of determining attorneys' fees as set forth in RCW 4.84.250.
[ 1983 c 282 § 1; 1980 c 94 § 3; 1973 c 84 § 4.]
NOTES:
Effective date—1980 c 94: See note following RCW 4.84.250.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.84 - Costs. › 4.84.290 - Attorneys' fees as costs in damage actions of ten thousand dollars or less—Prevailing party on appeal.

RCW 4.84.290
Attorneys' fees as costs in damage actions of ten thousand dollars or less—Prevailing party on appeal.
If the case is appealed, the prevailing party on appeal shall be considered the prevailing party for the purpose of applying the provisions of RCW 4.84.250: PROVIDED, That if, on appeal, a retrial is ordered, the court ordering the retrial shall designate the prevailing party, if any, for the purpose of applying the provisions of RCW 4.84.250.
In addition, if the prevailing party on appeal would be entitled to attorneys' fees under the provisions of RCW 4.84.250, the court deciding the appeal shall allow to the prevailing party such additional amount as the court shall adjudge reasonable as attorneys' fees for the appeal.
[ 1973 c 84 § 5.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.84 - Costs. › 4.84.300 - Attorneys' fees as costs in damage actions of ten thousand dollars or less—Application.

RCW 4.84.300
Attorneys' fees as costs in damage actions of ten thousand dollars or less—Application.
The provisions of RCW 4.84.250 through 4.84.290 shall apply regardless of whether the action is commenced in district court or superior court except as provided in RCW 4.84.280. This section shall not be construed as conferring jurisdiction on either court.
[ 1987 c 202 § 123; 1980 c 94 § 4; 1973 c 84 § 6.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—1980 c 94: See note following RCW 4.84.250.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.84 - Costs. › 4.84.330 - Actions on contract or lease which provides that attorneys' fees and costs incurred to enforce provisions be awarded to one of parties—Prevailing party entitled to attorneys' fees—Waiver prohibited.

RCW 4.84.330
Actions on contract or lease which provides that attorneys' fees and costs incurred to enforce provisions be awarded to one of parties—Prevailing party entitled to attorneys' fees—Waiver prohibited.
In any action on a contract or lease entered into after September 21, 1977, where such contract or lease specifically provides that attorneys' fees and costs, which are incurred to enforce the provisions of such contract or lease, shall be awarded to one of the parties, the prevailing party, whether he or she is the party specified in the contract or lease or not, shall be entitled to reasonable attorneys' fees in addition to costs and necessary disbursements.
Attorneys' fees provided for by this section shall not be subject to waiver by the parties to any contract or lease which is entered into after September 21, 1977. Any provision in any such contract or lease which provides for a waiver of attorneys' fees is void.
As used in this section "prevailing party" means the party in whose favor final judgment is rendered.
[ 2011 c 336 § 131; 1977 ex.s. c 203 § 1.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.84 - Costs. › 4.84.350 - Judicial review of agency action—Award of fees and expenses.

RCW 4.84.350
Judicial review of agency action—Award of fees and expenses.
(1) Except as otherwise specifically provided by statute, a court shall award a qualified party that prevails in a judicial review of an agency action fees and other expenses, including reasonable attorneys' fees, unless the court finds that the agency action was substantially justified or that circumstances make an award unjust. A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought.
(2) The amount awarded a qualified party under subsection (1) of this section shall not exceed twenty-five thousand dollars. Subsection (1) of this section shall not apply unless all parties challenging the agency action are qualified parties. If two or more qualified parties join in an action, the award in total shall not exceed twenty-five thousand dollars. The court, in its discretion, may reduce the amount to be awarded pursuant to subsection (1) of this section, or deny any award, to the extent that a qualified party during the course of the proceedings engaged in conduct that unduly or unreasonably protracted the final resolution of the matter in controversy.
[ 1995 c 403 § 903.]
NOTES:
Findings—1995 c 403: See note following RCW 4.84.340.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.84 - Costs. › 4.84.360 - Judicial review of agency action—Payment of fees and expenses—Report to office of financial management.

RCW 4.84.360
Judicial review of agency action—Payment of fees and expenses—Report to office of financial management.
Fees and other expenses awarded under RCW 4.84.340 and 4.84.350 shall be paid by the agency over which the party prevails from operating funds appropriated to the agency within sixty days. Agencies paying fees and other expenses pursuant to RCW 4.84.340 and 4.84.350 shall report all payments to the office of financial management within five days of paying the fees and other expenses. Fees and other expenses awarded by the court shall be subject to the provisions of chapter 39.76 RCW and shall be deemed payable on the date the court announces the award.
[ 1995 c 403 § 904.]
NOTES:
Findings—1995 c 403: See note following RCW 4.84.340.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.84 - Costs. › 4.84.370 - Appeal of land use decisions—Fees and costs.

RCW 4.84.370
Appeal of land use decisions—Fees and costs.
(1) Notwithstanding any other provisions of this chapter, reasonable attorneys' fees and costs shall be awarded to the prevailing party or substantially prevailing party on appeal before the court of appeals or the supreme court of a decision by a county, city, or town to issue, condition, or deny a development permit involving a site-specific rezone, zoning, plat, conditional use, variance, shoreline permit, building permit, site plan, or similar land use approval or decision. The court shall award and determine the amount of reasonable attorneys' fees and costs under this section if:
(a) The prevailing party on appeal was the prevailing or substantially prevailing party before the county, city, or town, or in a decision involving a substantial development permit under chapter 90.58 RCW, the prevailing party on appeal was the prevailing party or the substantially prevailing party before the shoreline[s] hearings board; and
(b) The prevailing party on appeal was the prevailing party or substantially prevailing party in all prior judicial proceedings.
(2) In addition to the prevailing party under subsection (1) of this section, the county, city, or town whose decision is on appeal is considered a prevailing party if its decision is upheld at superior court and on appeal.
[ 1995 c 347 § 718.]
NOTES:
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.88 - Appeals. › 4.88.330 - Indigent party—State payment of review costs.

RCW 4.88.330
Indigent party—State payment of review costs.
When a party has been judicially determined to have a constitutional right to obtain a review and to be unable by reason of poverty to procure counsel to perfect the review all costs necessarily incident to the proper consideration of the review including preparation of the record, reasonable fees for court appointed counsel to be determined by the supreme court, and actual travel expenses of counsel for appearance in the supreme court or court of appeals, shall be paid by the state. Upon satisfaction of requirements established by supreme court rules and submission of appropriate vouchers to the clerk of the supreme court, payment shall be made from funds specifically appropriated by the legislature for that purpose.
[ 1975 1st ex.s. c 261 § 2. Prior: 1972 ex.s. c 111 § 2; 1970 ex.s. c 31 § 2; 1965 c 133 § 2. Formerly RCW 10.01.112.]
NOTES:
Severability—1965 c 133: See note following RCW 2.32.240.
Transcript of testimony—Fee—Forma pauperis: RCW 2.32.240.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.005 - "Volunteer"—Definition.

RCW 4.92.005
"Volunteer"—Definition.
For the purposes of RCW 4.92.060, 4.92.070, 4.92.130, * 4.92.140, and 4.92.150, volunteer is defined in RCW 51.12.035.
[ 1985 c 217 § 6.]
NOTES:
*Reviser's note: RCW 4.92.140 was repealed by 1989 c 419 § 18, effective July 1, 1989.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.006 - Definitions.

RCW 4.92.006
Definitions.
As used in this chapter:
(1) "Department" means the department of enterprise services.
(2) "Director" means the director of enterprise services.
(3) "Office of risk management" means the office within the department of enterprise services that carries out the powers and duties under this chapter relating to claim filing, claims administration, and claims payment.
(4) "Risk manager" means the person supervising the office of risk management.
[ 2011 1st sp.s. c 43 § 511; 2002 c 332 § 10; 1989 c 419 § 2.]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Intent—1989 c 419: "In recent years the state of Washington has experienced significant increases in public liability claims. It is the intent of the legislature to reduce tort claim costs by restructuring Washington state's risk management program to place more accountability in state agencies, to establish an actuarially sound funding mechanism for paying legitimate claims, when they occur, and to establish an effective safety and loss control program." [ 1989 c 419 § 1.]
Effective date—1989 c 419: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1989." [ 1989 c 419 § 19.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.010 - Where brought—Change of venue.

RCW 4.92.010
Where brought—Change of venue.
Any person or corporation having any claim against the state of Washington shall have a right of action against the state in the superior court.
The venue for such actions shall be as follows:
(1) The county of the residence or principal place of business of one or more of the plaintiffs;
(2) The county where the cause of action arose;
(3) The county in which the real property that is the subject of the action is situated;
(4) The county where the action may be properly commenced by reason of the joinder of an additional defendant; or
(5) Thurston county.
Actions shall be subject to change of venue in accordance with statute, rules of court, and the common law as the same now exist or may hereafter be amended, adopted, or altered.
Actions shall be tried in the county in which they have been commenced in the absence of a seasonable motion by or in behalf of the state to change the venue of the action.
[ 1986 c 126 § 1; 1973 c 44 § 1; 1963 c 159 § 1; 1927 c 216 § 1; 1895 c 95 § 1; RRS § 886.]
NOTES:
Severability—1963 c 159: "If any provision of this act, or its application to any persons or circumstances is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1963 c 159 § 12.]
Venue: Chapter 4.12 RCW.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.020 - Service of summons and complaint.

RCW 4.92.020
Service of summons and complaint.
Service of summons and complaint in such actions shall be served in the manner prescribed by law upon the attorney general, or by leaving the summons and complaint in the office of the attorney general with an assistant attorney general.
[ 1986 c 126 § 2; 1927 c 216 § 2; 1895 c 95 § 2; RRS § 887.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.030 - Duties of attorney general—Procedure.

RCW 4.92.030
Duties of attorney general—Procedure.
The attorney general or an assistant attorney general shall appear and act as counsel for the state. The action shall proceed in all respects as other actions. Appellate review may be sought as in other actions or proceedings, but in case review is sought by the state, no bond shall be required of the appellant.
[ 1988 c 202 § 3; 1986 c 126 § 3; 1971 c 81 § 24; 1895 c 95 § 3; RRS § 888.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.050 - Limitations.

RCW 4.92.050
Limitations.
All provisions of law relating to the limitations of personal actions shall apply to claims against the state, but the computation of time thereunder shall not begin until RCW 4.92.010 through 4.92.050 shall have become a law.
[ 1895 c 95 § 5; RRS § 890.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.060 - Action against state officers, employees, volunteers, or foster parents—Request for defense.

RCW 4.92.060
Action against state officers, employees, volunteers, or foster parents—Request for defense.
Whenever an action or proceeding for damages shall be instituted against any state officer, including state elected officials, employee, volunteer, or foster parent licensed in accordance with chapter 74.15 RCW, arising from acts or omissions while performing, or in good faith purporting to perform, official duties, or, in the case of a foster parent, arising from the good faith provision of foster care services, such officer, employee, volunteer, or foster parent may request the attorney general to authorize the defense of said action or proceeding at the expense of the state.
[ 1989 c 403 § 2; 1986 c 126 § 5; 1985 c 217 § 1; 1975 1st ex.s. c 126 § 1; 1975 c 40 § 1; 1921 c 79 § 1; RRS § 890-1.]
NOTES:
Findings—1989 c 403: "The legislature finds and declares that foster parents are a valuable resource providing an important service to the citizens of Washington. The legislature further recognizes that the current insurance crisis has adversely affected some foster family homes in several ways: (1) In some locales, foster parents are unable to obtain liability insurance coverage over and above homeowner's or tenant's coverage for actions filed against them by the foster child or the child's parents or legal guardian. In addition, the monthly payment made to foster family homes is not sufficient to cover the cost of obtaining this extended coverage and there is no mechanism in place by which foster parents can recapture this cost; (2) foster parents' personal resources are at risk. Therefore, the legislature is providing relief to address these problems." [ 1989 c 403 § 1.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.070 - Actions against state officers, employees, volunteers, or foster parents—Defense by attorney general—Legal expenses.

RCW 4.92.070
Actions against state officers, employees, volunteers, or foster parents—Defense by attorney general—Legal expenses.
If the attorney general shall find that said officer, employee, or volunteer's acts or omissions were, or were purported to be in good faith, within the scope of that person's official duties, or, in the case of a foster parent, that the occurrence arose from the good faith provision of foster care services, said request shall be granted, in which event the necessary expenses of the defense of said action or proceeding relating to a state officer, employee, or volunteer shall be paid as provided in RCW 4.92.130. In the case of a foster parent, necessary expenses of the defense shall be paid from the appropriations made for the support of the department to which such foster parent is attached. In such cases the attorney general shall appear and defend such officer, employee, volunteer, or foster parent, who shall assist and cooperate in the defense of such suit. However, the attorney general may not represent or provide private representation for a foster parent in an action or proceeding brought by the department of social and health services against that foster parent.
[ 1999 c 163 § 5; 1989 c 403 § 3; 1986 c 126 § 6; 1985 c 217 § 2; 1975 1st ex.s. c 126 § 2; 1975 c 40 § 2; 1921 c 79 § 2; RRS § 890-2.]
NOTES:
Effective date—1999 c 163: See note following RCW 4.92.130.
Findings—1989 c 403: See note following RCW 4.92.060.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.075 - Action against state officers, employees, or volunteers—Judgment satisfied by state.

RCW 4.92.075
Action against state officers, employees, or volunteers—Judgment satisfied by state.
When a state officer, employee, or volunteer has been represented by the attorney general pursuant to RCW 4.92.070, and the body presiding over the action or proceeding has found that the officer, employee, or volunteer was acting within the scope of his or her official duties, and a judgment has been entered against the officer, employee, or volunteer pursuant to chapter 4.92 RCW or 42 U.S.C. Sec. 1981 et seq., thereafter the judgment creditor shall seek satisfaction only from the state, and the judgment shall not become a lien upon any property of such officer, employee, or volunteer.
[ 1989 c 413 § 2.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.080 - Bond not required of state.

RCW 4.92.080
Bond not required of state.
No bond shall be required of the state of Washington for any purpose in any case in any of the courts of the state of Washington and the state of Washington shall be, on proper showing, entitled to any orders, injunctions and writs of whatever nature without bond notwithstanding the provisions of any existing statute requiring that bonds be furnished by private parties.
[ 1935 c 122 § 1; RRS § 390-3.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.090 - Tortious conduct of state—Liability for damages.

RCW 4.92.090
Tortious conduct of state—Liability for damages.
The state of Washington, whether acting in its governmental or proprietary capacity, shall be liable for damages arising out of its tortious conduct to the same extent as if it were a private person or corporation.
[ 1963 c 159 § 2; 1961 c 136 § 1.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.110 - Tortious conduct of state or its agents—Presentment and filing of claim prerequisite to suit.

RCW 4.92.110
Tortious conduct of state or its agents—Presentment and filing of claim prerequisite to suit.
No action subject to the claim filing requirements of RCW 4.92.100 shall be commenced against the state, or against any state officer, employee, or volunteer, acting in such capacity, for damages arising out of tortious conduct until sixty calendar days have elapsed after the claim is presented to the office of risk management in the department of enterprise services. The applicable period of limitations within which an action must be commenced shall be tolled during the sixty calendar day period. For the purposes of the applicable period of limitations, an action commenced within five court days after the sixty calendar day period has elapsed is deemed to have been presented on the first day after the sixty calendar day period elapsed.
[ 2015 c 225 § 5; 2009 c 433 § 3; 2006 c 82 § 2; 2002 c 332 § 13; 1989 c 419 § 14; 1986 c 126 § 8; 1979 c 151 § 4; 1977 ex.s. c 144 § 3; 1963 c 159 § 4.]
NOTES:
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.120 - Tortious conduct of state—Assignment of claims.

RCW 4.92.120
Tortious conduct of state—Assignment of claims.
Claims against the state arising out of tortious conduct may be assigned voluntarily, involuntarily, and by operation of law to the same extent as like claims against private persons may be so assigned.
[ 1963 c 159 § 5.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.150 - Compromise and settlement of claims by attorney general.

RCW 4.92.150
Compromise and settlement of claims by attorney general.
After commencement of an action in a court of competent jurisdiction upon a claim against the state, or any of its officers, employees, or volunteers arising out of tortious conduct or pursuant to 42 U.S.C. Sec. 1981 et seq., or against a foster parent that the attorney general is defending pursuant to RCW 4.92.070, or upon petition by the state, the attorney general, with the prior approval of the office of risk management and with the approval of the court, following such testimony as the court may require, may compromise and settle the same and stipulate for judgment against the state, the affected officer, employee, volunteer, or foster parent.
[ 2011 1st sp.s. c 43 § 514; 2002 c 332 § 15; 1989 c 403 § 4. Prior: 1985 c 217 § 5; 1985 c 188 § 9; 1979 ex.s. c 144 § 2; 1975 1st ex.s. c 126 § 5; 1963 c 159 § 9.]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Findings—1989 c 403: See note following RCW 4.92.060.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.160 - Payment of claims and judgments.

RCW 4.92.160
Payment of claims and judgments.
Payment of claims and judgments arising out of tortious conduct or pursuant to 42 U.S.C. Sec. 1981 et seq. shall not be made by any agency or department of state government with the exception of the office of risk management, and that office shall authorize and direct the payment of moneys only from the liability account whenever:
(1) The head or governing body of any agency or department of state or the designee of any such agency certifies to the office of risk management that a claim has been settled; or
(2) The clerk of court has made and forwarded a certified copy of a final judgment in a court of competent jurisdiction and the attorney general certifies that the judgment is final and was entered in an action on a claim arising out of tortious conduct or under and pursuant to 42 U.S.C. Sec. 1981 et seq. Payment of a judgment shall be made to the clerk of the court for the benefit of the judgment creditors. Upon receipt of payment, the clerk shall satisfy the judgment against the state.
[ 2011 1st sp.s. c 43 § 515; 2002 c 332 § 16; 1999 c 163 § 4; 1991 c 187 § 3; 1986 c 126 § 9; 1979 ex.s. c 144 § 3; 1979 c 151 § 5; 1975 1st ex.s. c 126 § 6; 1969 c 140 § 2; 1963 c 159 § 10.]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Effective date—1999 c 163: See note following RCW 4.92.130.
Intent—1991 c 187: "It is the intent of the legislature that the tort claims revolving fund created under section 1 of this act have [has] the same purpose, use, and application as the tort claims revolving fund abolished effective July 1, 1989, by the legislature in chapter 419, Laws of 1989." [ 1991 c 187 § 2.]
Severability—1969 c 140: See note following RCW 4.92.130.
Duty of clerk to forward copy of judgment: RCW 4.92.040.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.175 - Action against state patrol officers in private law enforcement off-duty employment—Immunity of state—Notice to employer.

RCW 4.92.175
Action against state patrol officers in private law enforcement off-duty employment—Immunity of state—Notice to employer.
(1) The state of Washington is not liable for tortious conduct by Washington state patrol officers that occurs while such officers are engaged in private law enforcement off-duty employment.
(2) Upon petition of the state any suit, for which immunity is granted to the state under subsection (1) of this section, shall be dismissed.
(3) Washington state patrol officers engaged in private law enforcement off-duty employment shall notify, in writing, prior to such employment, anyone who employs Washington state patrol officers in private off-duty employment of the specific provisions of subsections (1) and (2) of this section.
[ 1997 c 375 § 2.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.180 - State, local governments not liable for injury to unauthorized third-party occupant of state or local government vehicle.

RCW 4.92.180
State, local governments not liable for injury to unauthorized third-party occupant of state or local government vehicle.
(1) The state and local governments are not liable for any injury received by a third-party occupant of a vehicle that is owned, leased, or rented by the state or local government if, at the time the injuries were inflicted, the third-party occupant was:
(a) Riding in or on the vehicle with a state or local government employee who had explicitly acknowledged in writing the employer's policy on use of vehicles owned, leased, or rented by the state or local government; and
(b) Not specifically and expressly authorized by the state or local government to be an occupant of the vehicle.
(2) For purposes of this section, "third-party occupant" means a person who occupies a vehicle owned, leased, or rented by the state or local government and who is not an officer, employee, or agent of the state or local government. "Local government" includes any city, county, or other subdivision of the state and any municipal corporation, quasi-municipal corporation, or special district within the state.
[ 2011 c 82 § 2.]
NOTES:
Intent—2011 c 82: "The legislature intends to overrule the state supreme court's holding in Rahman v. State, No. 83428-8 (January 20, 2011), by modifying the application of the common law doctrine of respondeat superior." [ 2011 c 82 § 1.]
Application—2011 c 82: "This act applies to all causes of action accruing on or after July 22, 2011." [ 2011 c 82 § 4.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.200 - Actions against state on state warrant appearing to be redeemed—Claim required—Time limitation.

RCW 4.92.200
Actions against state on state warrant appearing to be redeemed—Claim required—Time limitation.
No action shall be commenced against the state on account of any state warrant appearing to have been redeemed unless a claim has been presented and filed with the state treasurer within six years of the date of issuance of such warrant. The requirements of this section shall not extend or modify the period of limitations otherwise applicable within which an action must be commenced, but such period shall begin and shall continue to run as if no claim were required.
[ 1975 c 48 § 1.]
NOTES:
State warrants: RCW 43.08.061 through 43.08.080.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.210 - Risk management—Review of claims—Settlements.

RCW 4.92.210
Risk management—Review of claims—Settlements.
(1) All liability claims arising out of tortious conduct or under 42 U.S.C. Sec. 1981 et seq. that the state of Washington or any of its officers, employees, or volunteers would be liable for shall be filed with the office of risk management.
(2) A centralized claim tracking system shall be maintained to provide agencies with accurate and timely data on the status of liability claims. Information in this claim file, other than the claim itself, shall be privileged and confidential.
(3) Standardized procedures shall be established for filing, reporting, processing, and adjusting claims, which includes the use of qualified claims management personnel.
(4) All claims shall be reviewed by the office of risk management to determine an initial valuation, to delegate to the appropriate office to investigate, negotiate, compromise, and settle the claim, or to retain that responsibility on behalf of and with the assistance of the affected state agency.
(5) All claims that result in a lawsuit shall be forwarded to the attorney general's office. Thereafter the attorney general and the office of risk management shall collaborate in the investigation, denial, or settlement of the claim.
(6) Reserves shall be established for recognizing financial liability and monitoring effectiveness. The valuation of specific claims against the state shall be privileged and confidential.
(7) All settlements shall be approved by the responsible agencies, or their designees, prior to settlement.
[ 2011 1st sp.s. c 43 § 516; 2002 c 332 § 17; 1989 c 419 § 3.]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.220 - Risk management administration account.

RCW 4.92.220
Risk management administration account.
(1) The risk management administration account is created in the custody of the state treasurer. All receipts from appropriations and assessments shall be deposited into the account. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
(2) The risk management administration account is to be used for the payment of costs related to:
(a) The appropriated administration of liability, property, and vehicle claims, including investigation, claim processing, negotiation, and settlement, and other expenses relating to settlements and judgments against the state not otherwise budgeted; and
(b) The nonappropriated pass-through cost associated with the purchase of liability and property insurance, including catastrophic insurance, subject to policy conditions and limitations determined by the risk manager.
(3) The risk management administration account's appropriation for risk management shall be financed through a combination of direct appropriations and assessments to state agencies.
[ 2002 c 332 § 18; 1998 c 105 § 2; 1995 c 137 § 1; 1991 sp.s. c 13 § 91; 1989 c 419 § 5.]
NOTES:
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Effective date—1998 c 105: See note following RCW 43.19.025.
Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240.
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.240 - Rules.

RCW 4.92.240
Rules.
The director has the power to adopt rules necessary to carry out the intent of this chapter.
[ 2002 c 332 § 20; 1989 c 419 § 8.]
NOTES:
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.250 - Risk management—Risk manager may delegate powers and duties.

RCW 4.92.250
Risk management—Risk manager may delegate powers and duties.
The risk manager may delegate to a state agency the authority to carry out any powers or duties of the risk manager under this chapter related to claims administration and purchase of insurance for the purpose of protecting any classes of officers, employees, or for other persons performing services for the state. Such delegation shall be made only upon a determination by the risk manager that another agency has sufficient resources to carry out the functions delegated.
[ 1989 c 419 § 9.]
NOTES:
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.260 - Construction.

RCW 4.92.260
Construction.
Nothing in this chapter shall be construed as amending, repealing, or otherwise affecting RCW 28B.20.250 through 28B.20.255.
[ 1989 c 419 § 10.]
NOTES:
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.270 - Risk management—Standard indemnification agreements.

RCW 4.92.270
Risk management—Standard indemnification agreements.
The risk manager shall develop procedures for standard indemnification agreements for state agencies to use whenever the agency agrees to indemnify, or be indemnified by, any person or party. The risk manager shall also develop guidelines for the use of indemnification agreements by state agencies. On request of the risk manager, an agency shall forward to the office of risk management for review and approval any contract or agreement containing an indemnification agreement.
[ 2011 1st sp.s. c 43 § 517; 2002 c 332 § 21; 1989 c 419 § 15.]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.280 - Local government reimbursement claims.

RCW 4.92.280
Local government reimbursement claims.
If chapter 217, Laws of 1998 mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the department of enterprise services.
[ 2011 1st sp.s. c 43 § 518; 1998 c 217 § 4.]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.92 - Actions and Claims Against State. › 4.92.290 - Tortious conduct by department of fish and wildlife officers engaged in private law enforcement off-duty employment—No state liability.

RCW 4.92.290
Tortious conduct by department of fish and wildlife officers engaged in private law enforcement off-duty employment—No state liability.
(1) The state is not liable for tortious conduct by department of fish and wildlife officers that occurs while such officers are engaged in private law enforcement off-duty employment.
(2) Upon petition of the state any suit, for which immunity is granted to the state under subsection (1) of this section, shall be dismissed.
(3) Department of fish and wildlife officers engaged in private law enforcement off-duty employment shall notify, in writing, prior to such employment, anyone who employs department of fish and wildlife officers in private off-duty employment of the specific provisions of subsections (1) and (2) of this section.
[ 2023 c 250 § 2.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.96 - Actions Against Political Subdivisions, Municipal and Quasi-Municipal Corporations. › 4.96.010 - Tortious conduct of local governmental entities—Liability for damages.

RCW 4.96.010
Tortious conduct of local governmental entities—Liability for damages.
(1) All local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation. Filing a claim for damages within the time allowed by law shall be a condition precedent to the commencement of any action claiming damages. The laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory.
(2) Unless the context clearly requires otherwise, for the purposes of this chapter, "local governmental entity" means a county, city, town, special district, municipal corporation as defined in RCW 39.50.010, quasi-municipal corporation, any joint municipal utility services authority, any entity created by public agencies under RCW 39.34.030, or public hospital.
(3) For the purposes of this chapter, "volunteer" is defined according to RCW 51.12.035.
[ 2011 c 258 § 10; 2001 c 119 § 1; 1993 c 449 § 2; 1967 c 164 § 1.]
NOTES:
Short title—Purpose—Intent—2011 c 258: See RCW 39.106.010.
Purpose—1993 c 449: "This act is designed to provide a single, uniform procedure for bringing a claim for damages against a local governmental entity. The existing procedures, contained in chapter 36.45 RCW, counties, chapter 35.31 RCW, cities and towns, chapter 35A.31 RCW, optional municipal code, and chapter 4.96 RCW, other political subdivisions, municipal corporations, and quasi-municipal corporations, are revised and consolidated into chapter 4.96 RCW." [ 1993 c 449 § 1.]
Severability—1993 c 449: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 449 § 15.]
Purpose—1967 c 164: "It is the purpose of this act to extend the doctrine established in chapter 136, Laws of 1961, as amended, to all political subdivisions, municipal corporations and quasi municipal corporations of the state." [ 1967 c 164 § 17.]
Severability—1967 c 164: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1967 c 164 § 18.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.96 - Actions Against Political Subdivisions, Municipal and Quasi-Municipal Corporations. › 4.96.050 - Bond not required.

RCW 4.96.050
Bond not required.
No bond is required of any local governmental entity for any purpose in any case in any of the courts of the state of Washington and all local governmental entities shall be, on proper showing, entitled to any orders, injunctions, and writs of whatever nature without bond, notwithstanding the provisions of any existing statute requiring that bonds be furnished by private parties.
[ 1993 c 449 § 5.]
NOTES:
Purpose—Severability—1993 c 449: See notes following RCW 4.96.010.
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.100 - Wrongly Convicted Persons. › 4.100.010 - Intent.

RCW 4.100.010
Intent.
The legislature recognizes that persons convicted and imprisoned for crimes they did not commit have been uniquely victimized. Having suffered tremendous injustice by being stripped of their lives and liberty, they are forced to endure imprisonment and are later stigmatized as felons. A majority of those wrongly convicted in Washington state have no remedy available under the law for the destruction of their personal lives resulting from errors in our criminal justice system. The legislature intends to provide an avenue for those who have been wrongly convicted in Washington state to redress the lost years of their lives, and help to address the unique challenges faced by the wrongly convicted after exoneration.
[ 2013 c 175 § 1.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.100 - Wrongly Convicted Persons. › 4.100.020 - Claim for compensation—Definitions.

RCW 4.100.020
Claim for compensation—Definitions.
(1) Any person convicted in superior court and subsequently imprisoned for one or more felonies of which he or she is actually innocent may file a claim for compensation against the state.
(2) For purposes of this chapter, a person is:
(a) "Actually innocent" of a felony if he or she did not engage in any illegal conduct alleged in the charging documents; and
(b) "Wrongly convicted" if he or she was charged, convicted, and imprisoned for one or more felonies of which he or she is actually innocent.
(3)(a) If the person entitled to file a claim under subsection (1) of this section is incapacitated and incapable of filing the claim, or if he or she is a minor, or is a nonresident of the state, the claim may be filed on behalf of the claimant by an authorized agent.
(b) A claim filed under this chapter survives to the personal representative of the claimant as provided in RCW 4.20.046.
[ 2013 c 175 § 2.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.100 - Wrongly Convicted Persons. › 4.100.030 - Procedure for filing of claims.

RCW 4.100.030
Procedure for filing of claims.
(1) All claims under this chapter must be filed in superior court. The venue for such actions is governed by RCW 4.12.020.
(2) Service of the summons and complaint is governed by RCW 4.28.080.
[ 2013 c 175 § 3.]
2023 Revised Code of Washington › Title 4 - Civil Procedure › Chapter 4.100 - Wrongly Convicted Persons. › 4.100.040 - Claims—Evidence, determinations required—Dismissal of claim.

RCW 4.100.040
Claims—Evidence, determinations required—Dismissal of claim.
(1) In order to file an actionable claim for compensation under this chapter, the claimant must establish by documentary evidence that:
(a) The claimant has been convicted of one or more felonies in superior court and subsequently sentenced to a term of imprisonment, and has served all or part of the sentence;
(b)(i) The claimant is not currently incarcerated for any offense; and
(ii) During the period of confinement for which the claimant is seeking compensation, the claimant was not serving a term of imprisonment or a concurrent sentence for any crime other than the felony or felonies that are the basis for the claim;
(c)(i) The claimant has been pardoned on grounds consistent with innocence for the felony or felonies that are the basis for the claim; or
(ii) The claimant's judgment of conviction was reversed or vacated and the charging document dismissed on the basis of significant new exculpatory information or, if a new trial was ordered pursuant to the presentation of significant new exculpatory information, either the claimant was found not guilty at the new trial or the claimant was not retried and the charging document dismissed; and
(d) The claim is not time barred by RCW 4.100.090.
(2) In addition to the requirements in subsection (1) of this section, the claimant must state facts in sufficient detail for the finder of fact to determine that:
(a) The claimant did not engage in any illegal conduct alleged in the charging documents; and
(b) The claimant did not commit or suborn perjury, or fabricate evidence to cause or bring about the conviction. A guilty plea to a crime the claimant did not commit, or a confession that is later determined by a court to be false, does not automatically constitute perjury or fabricated evidence under this subsection.
(3) Convictions vacated, overturned, or subject to resentencing pursuant to In re: Personal Detention of Andress, 147 Wn.2d 602 (2002) may not serve as the basis for a claim under this chapter unless the claimant otherwise satisfies the qualifying criteria set forth in RCW 4.100.020 and this section.
(4) The claimant must verify the claim unless he or she is incapacitated, in which case the personal representative or agent filing on behalf of the claimant must verify the claim.
(5) If the attorney general concedes that the claimant was wrongly convicted, the court must award compensation as provided in RCW 4.100.060.
(6)(a) If the attorney general does not concede that the claimant was wrongly convicted and the court finds after reading the claim that the claimant does not meet the filing criteria set forth in this section, it may dismiss the claim, either on its own motion or on the motion of the attorney general.
(b) If the court dismisses the claim, the court must set forth the reasons for its decision in written findings of fact and conclusions of law.
[ 2013 c 175 § 4.]