Revised Code of Washington - RCW Title 7 Special Proceedings And Actions - Chapter 7.16 Certiorari, Mandamus, And Prohibition

7.16.010 Parties, how designated
The party prosecuting a special proceeding may be known as the plaintiff and the adverse party as the defendant.[1895 c 65 § 1; RRS § ...

7.16.020 Judgment, motion, and order defined
A judgment in a special proceeding is the final determination of the rights of the parties therein. The definitions of a motion and an order ...

7.16.030 Certiorari defined
The writ of certiorari may be denominated the writ of review.[1895 c 65 § 3; RRS § 1001.] ...

7.16.040 Grounds for granting writ
A writ of review shall be granted by any court, except a municipal or district court, when an inferior tribunal, board or officer, exercising judicial ...

7.16.050 Application for writ -- Notice
The application must be made on affidavit by the party beneficially interested, and the court may require a notice of the application to be given ...

7.16.060 Writ, to whom directed
The writ may be directed to the inferior tribunal, board or officer, or to any other person having the custody of the record or proceedings ...

7.16.070 Contents of writ
The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ, at a specified ...

7.16.080 Stay of proceedings
If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ. These words may be inserted or ...

7.16.100 Service of writ
The writ may be served as follows, except where different directions respecting the mode of service thereof are given by the court granting it: (1) ...

7.16.110 Defective return -- Further return -- Hearing -- Judgment
If the return of the writ be defective, the court may order a further return to be made. When a full return has been made, ...

7.16.120 Questions involving merits to be determined
The questions involving the merits to be determined by the court upon the hearing are: (1) Whether the body or officer had jurisdiction of the ...

7.16.130 Copy of judgment to inferior tribunal, board, or officer
A copy of the judgment signed by the clerk, must be transmitted to the inferior tribunal, board or officer having the custody of the record ...

7.16.140 Judgment roll
A copy of the judgment signed by the clerk, entered upon or attached to the writ and return, constitute the judgment roll.[1895 c 65 § ...

7.16.150 Mandamus defined
The writ of mandamus may be denominated a writ of mandate.[1895 c 65 § 15; RRS § 1013.] ...

7.16.160 Grounds for granting writ
It may be issued by any court, except a district or municipal court, to any inferior tribunal, corporation, board or person, to compel the performance ...

7.16.170 Absence of remedy at law required -- Affidavit
The writ must be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It ...

7.16.180 Alternative or peremptory writs -- Form
The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and ...

7.16.190 Notice of application -- No default
When the application to the court is made without notice to the party, and the writ be allowed, the alternative must be first issued; and ...

7.16.200 Answer
On the return of the alternative, or the day on which the application for the writ is noticed, the party on whom the writ or ...

7.16.210 Questions of fact, how determined
If an answer be made which raises a question as to a matter of fact essential to the determination of the motion, and affecting the ...

7.16.220 Applicant may demur to answer or countervail it by proof
On the trial the applicant is not precluded by the answer from any valid objections to its sufficiency, and may countervail it by proof, either ...

7.16.230 Motion for new trial, where made
The motion for new trial must be made in the court in which the issue of fact is tried.[1895 c 65 § 23; RRS § ...

7.16.240 Certification of verdict -- Argument
If no notice of a motion for a new trial be given, or if given, the motion be denied, the clerk, within five days after ...

7.16.250 Hearing
If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or ...

7.16.260 Judgment for damages and costs -- Peremptory mandate
If judgment be given for the applicant he may recover the damages which he has sustained, as found by the jury or as may be ...

7.16.270 Service of writ
The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the ...

7.16.280 Enforcement of writ -- Penalty
When a temporary mandate has been issued and directed to any inferior tribunal, corporation, board or person upon whom the writ has been personally served ...

7.16.290 Prohibition defined
The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board or person, when such ...

7.16.300 Grounds for granting writ -- Affidavit
It may be issued by any court, except district or municipal courts, to an inferior tribunal, or to a corporation, board or person, in all ...

7.16.310 Alternative or peremptory writs -- Form
The writ must be either alternative or peremptory. The alternative writ must state generally the allegations against the party to whom it is directed, and ...

7.16.320 Provisions relating to mandate applicable
The provisions of this chapter relating to writ of mandate, apply to this proceeding.[1895 c 65 § 32; RRS § 1030.] ...

7.16.330 When writs may be made returnable
Writs of review, mandate, and prohibition issued by the supreme court, the court of appeals, or by a superior court, may, in the discretion of ...

7.16.340 Rules of practice
Except as otherwise provided in this chapter, the provisions of the code of procedure concerning civil actions are applicable to and constitute the rules of ...

7.16.350 Appellate review
From a final judgment in the superior court, in any such proceeding, appellate review by the supreme court or the court of appeals may be ...

7.16.360 Inapplicability to action reviewable under Administrative Procedure Act or Land Use Petition Act
This chapter does not apply to state agency action reviewable under chapter 34.05 RCW or to land use decisions of local jurisdictions reviewable under chapter ...

7.16.370 Enforcement of term limits for elected officials
Any resident of this state may bring suit to enforce RCW *43.01.015, 44.04.015, 29.68.015, 29.68.016, 29.51.173, and29.15.240 and section 8, chapter 1, Laws of 1993. ...