Revised Code of Washington - RCW Title 4 Civil Procedure - Chapter 4.44 Trial
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 4.44.095 Right to jury trial upon an issue of fact in an action at law
See RCW 4.48.010. ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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; ...
- 4.44.370 Manner of giving verdict
The jurors shall be asked by the court or the clerk whether they have agreed upon their verdict, and if the presiding juror answers in ...
- 4.44.380 Number of jurors required to render verdict
In all trials by juries of six in the superior court, except criminal trials, when five of the jurors agree upon a verdict, the verdict ...
- 4.44.390 Jury may be polled
After the verdict is announced, but before it is filed, the jury may be polled at the request of either party. Each juror may be ...
- 4.44.410 General or special verdicts
The verdict of a jury is either general or special.[1984 c 76 § 4; Code 1881 § 240; 1877 p 49 § 244; 1869 p ...
- 4.44.420 Verdict in action for specific personal property
In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or the defendant by his ...
- 4.44.440 Inconsistency between special findings of fact and general verdict
When special findings of fact are inconsistent with the general verdict, the judge may enter judgment consistent with the findings of fact, may return the ...
- 4.44.450 Jury to assess amount of recovery
When a verdict is found for the plaintiff in an action for the recovery of money, or for the defendant when a setoff for the ...
- 4.44.460 Receiving verdict and discharging jury
If the court determines that the verdict meets the requirements contained in this chapter and in court rules, the clerk shall file the verdict. The ...
- 4.44.470 Court may fix amount of bond in civil actions
Whenever by statute a bond or other security is required for any purpose in an action or other proceeding in a court of record and ...
- 4.44.480 Deposits in court -- Order
When it is admitted by the pleading or examination of a party, that the party possesses or has control of any money, or other thing ...
- 4.44.490 Deposits in court -- Enforcement of order
Whenever, in the exercise of its authority, a court shall have ordered the deposit or delivery of money or other thing, and the order is ...
- 4.44.500 Deposits in court -- Custody of money deposited
Money deposited, or paid into a court in an action, shall not be loaned out, unless, with the consent of all parties having an interest ...
Last modified: April 7, 2009