Title 4 — Title 4 CIVIL PROCEDURE
29 chapters · 439 sections in this title.
RCW 4.16.005 Commencement of actions.
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Except as otherwise provided in this chapter, and except when in special cases a different limitation is prescribed by a statute not contained in this chapter, actions can only be commenced within the periods provided in this chapter after the cause of action has accrued.[ 1989 c…
RCW 4.16.020 Actions to be commenced within ten years—Exception.
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The period prescribed for the commencement of actions shall be as follows:Within ten years:(1) For actions for the recovery of real property, or for the recovery of the possession thereof; and no action shall be maintained for such recovery unless it appears that the plaintiff, h…
RCW 4.16.030 Actions to foreclose special assessments.
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An action to collect any special assessment for local improvements of any kind against any person, corporation or property whatsoever, or to enforce any lien for any special assessment for local improvements of any kind, whether said action be brought by a municipal corporation o…
RCW 4.16.040 Actions limited to six years.
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The following actions shall be commenced within six years:(1) An action upon a contract in writing, or liability express or implied arising out of a written agreement, except as provided for in RCW 64.04.007(2).(2) An action upon an account receivable. For purposes of this sectio…
RCW 4.16.050 Action on irrigation or drainage district warrant.
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Action to enforce any right arising out of the issuance or ownership of any warrant of an irrigation or drainage district organized under the laws of this state, must be brought within six years from and after the date of the issuance of such warrant.[ 1931 c 75 s 1; RRS s 157-1.…
RCW 4.16.060 Action on irrigation district bonds.
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No action against any irrigation district organized under the laws of this state, or its officers, to enforce any right or claim arising out of the issuance or ownership of any negotiable bond, payable on a day certain, of the irrigation district, where such district is under con…
RCW 4.16.070 Actions limited to five years.
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No action for the recovery of any real estate sold by an executor or administrator under the laws of this state shall be maintained by any heir or other person claiming under the deceased, unless it is commenced within five years next after the sale, and no action for any estate …
RCW 4.16.080 Actions limited to three years.
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The following actions shall be commenced within three years:(1) An action for waste or trespass upon real property;(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or r…
RCW 4.16.090 Action to cancel tax deed.
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Actions to set aside or cancel any deed heretofore or hereafter issued by any county treasurer after and upon the sale of lands for general, state, county or municipal taxes, or upon the sale of lands acquired by any county on foreclosure of general, state, county or municipal ta…
RCW 4.16.100 Actions limited to two years.
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Within two years:(1) An action for libel, slander, assault, assault and battery, or false imprisonment.(2) An action upon a statute for a forfeiture or penalty to the state.[Code 1881 s 29; 1877 p 8 s 29; 1869 p 9 s 29; 1854 p 363 s 5; RRS s 160.]Notes:Limitation of action for re…
RCW 4.16.110 Actions limited to one year.
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Within one year an action shall be brought against a sheriff, or other officer for the escape of a prisoner arrested or imprisoned on civil process.[ 1985 c 11 s 2. Prior: 1984 c 149 s 1; Code 1881 s 30; 1877 p 8 s 30; 1869 p 9 s 30; 1854 p 364 s 5; RRS s 161.]Notes:Reviser's not…
RCW 4.16.115 Special provisions for action on penalty.
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An action upon a statute for a penalty given in whole or in part to the person who may prosecute for the same, shall be commenced within three years [one year] after the commission of the offense; and if the action be not commenced within one year by a private party, it may be co…
RCW 4.16.130 Action for relief not otherwise provided for.
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An action for relief not hereinbefore provided for, shall be commenced within two years after the cause of action shall have accrued.[Code 1881 s 33; 1877 p 9 s 32; 1854 p 364 s 7; RRS s 165.]Notes:Limitation of action to recover taxes paid: RCW 84.68.060.
RCW 4.16.150 Action on mutual open accounts.
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In an action brought to recover a balance due upon a mutual open and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side, but wheneve…
RCW 4.16.160 Application of limitations to actions by state, counties, municipalities.
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The limitations prescribed in this chapter shall apply to actions brought in the name or for the benefit of any county or other municipality or quasimunicipality of the state, in the same manner as to actions brought by private parties: PROVIDED, That, except as provided in RCW 4…
RCW 4.16.170 Tolling of statute—Actions, when deemed commenced or not commenced.
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For the purpose of tolling any statute of limitations an action shall be deemed commenced when the complaint is filed or summons is served whichever occurs first. If service has not been had on the defendant prior to the filing of the complaint, the plaintiff shall cause one or m…
RCW 4.16.180 Statute tolled by absence from state, concealment, etc.
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If the cause of action shall accrue against any person who is a nonresident of this state, or who is a resident of this state and shall be out of the state, or concealed therein, such action may be commenced within the terms herein respectively limited after the coming, or return…
RCW 4.16.190 Statute tolled by personal disability.
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Unless otherwise provided in this section, if a person entitled to bring an action mentioned in this chapter, except for a penalty or forfeiture, or against a sheriff or other officer, for an escape, be at the time the cause of action accrued either under the age of eighteen year…
RCW 4.16.200 Statute tolled by death.
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Limitations on actions against a person who dies before the expiration of the time otherwise limited for commencement thereof are as set forth in chapter 11.40 RCW. Subject to the limitations on claims against a deceased person under chapter 11.40 RCW, if a person entitled to bri…
RCW 4.16.210 Statute tolled—By war as to enemy alien.
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*** CHANGE IN 2026 *** (SEE 2632.SL) ***When a person shall be an alien subject or a citizen of a country at war with the United States, the time of the continuance of the war shall not be a part of the period limited for the commencement of the action.[1941 c 174 s 1, part; Code…
RCW 4.16.220 Statute tolled—As to person in military service of United States.
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When the enforcement of civil liabilities against a person in the military service of the United States has been suspended by operation of law, the period of such suspension shall not be a part of the period limited for the commencement of the action.[1941 c 174 s 1, part; Code 1…
RCW 4.16.230 Statute tolled by judicial proceedings.
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When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of the injunction or prohibition shall not be a part of the time limited for the commencement of the action.[Code 1881 s 40; 1877 p 10 s 41; 1854 p 365 s 14; RRS s 1…
RCW 4.16.240 Effect of reversal of judgment on appeal.
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If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on error or appeal, the plaintiff, or if he or she dies and the cause of action survives, his or her heirs or representatives may commence a new action within…
RCW 4.16.250 Disability must exist when right of action accrued.
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No person shall avail himself or herself of a disability unless it existed when his or her right of action accrued.[ 2011 c 336 s 87; Code 1881 s 42; 1877 p 10 s 43; 1854 p 365 s 16; RRS s 174.]
RCW 4.16.260 Coexisting disabilities.
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When two or more disabilities shall coexist at the time the right of action accrues, the limitation shall not attach until they all be removed.[Code 1881 s 43; 1877 p 10 s 44; 1854 p 365 s 17; RRS s 175.]
RCW 4.16.270 Effect of partial payment.
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When any payment has been or shall be made upon any existing contract prior to its applicable limitation period having expired, whether the contract is a bill of exchange, promissory note, bond, or other evidence of indebtedness, if the payment is made after it is due, the limita…
RCW 4.16.280 New promise must be in writing.
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No acknowledgment or promise shall be sufficient evidence of a new or continuing contract whereby to take the case out of the operation of this chapter, unless it is contained in some writing signed by the party to be charged thereby; except, an acknowledgment or promise made aft…
RCW 4.16.290 Foreign statutes of limitation, how applied.
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When the cause of action has arisen in another state, territory or country between nonresidents of this state, and by the laws of the state, territory or country where the action arose, an action cannot be maintained thereon by reason of the lapse of time, no action shall be main…
RCW 4.16.300 Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property.
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RCW 4.16.300 through 4.16.320 shall apply to all claims or causes of action of any kind against any person, arising from such person having constructed, altered or repaired any improvement upon real property, or having performed or furnished any design, planning, surveying, archi…
RCW 4.16.310 Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property—Accrual and limitations of actions or claims.
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All claims or causes of action as set forth in RCW 4.16.300 shall accrue, and the applicable statute of limitation shall begin to run only during the period within six years after substantial completion of construction, or during the period within six years after the termination …
RCW 4.16.320 Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property—Construction.
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Nothing in RCW 4.16.300 through 4.16.320 shall be construed as extending the period now permitted by law for bringing any kind of action.[ 1967 c 75 s 3.]
RCW 4.16.325 Actions or claims arising from construction defect claims—Statute tolled.
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If a written notice of claim is served under RCW 64.50.020 within the time prescribed for the filing of an action under this chapter, the statutes of limitations for construction-related claims are tolled until sixty days after the period of time during which the filing of an act…
RCW 4.16.326 Actions or claims for construction defect claims—Comparative fault.
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(1) Persons engaged in any activity defined in RCW 4.16.300 may be excused, in whole or in part, from any obligation, damage, loss, or liability for those defined activities under the principles of comparative fault for the following affirmative defenses:(a) To the extent it is c…
RCW 4.16.327 Actions or claims for construction defects—Emergency repairs.
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Any person, including but not limited to contractors, builders, tradespeople, and other providers of construction, remodel, or repair services, who, without compensation or the expectation of compensation, renders emergency repairs to any structure at the scene of any accident, d…
RCW 4.16.340 Actions based on childhood sexual abuse.
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(1) All claims or causes of action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse that occurred before June 6, 2024, shall be commenced within the later of the following periods:(a) Within three…
RCW 4.16.350 Action for injuries resulting from health care or related services—Physicians, dentists, nurses, etc.—Hospitals, clinics, nursing homes, etc.
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Any civil action for damages for injury occurring as a result of health care which is provided after June 25, 1976, against:(1) A person licensed by this state to provide health care or related services, including, but not limited to, a physician, osteopathic physician, dentist, …
RCW 4.16.360 Application of chapter to parentage action.
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This chapter does not limit the time in which an action for determination of parentage may be brought under chapter 26.26A or 26.26B RCW.[ 2019 c 46 s 5001; 1983 1st ex.s. c 41 s 13.]Notes:Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
RCW 4.16.370 Actions against personal representative or trustee for breach of fiduciary duties—Statute of limitations.
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The statute of limitations for actions against a personal representative or trustee for breach of fiduciary duties is as set forth in RCW 11.96A.070.[ 1999 c 42 s 602; 1985 c 11 s 3. Prior: 1984 c 149 s 2.]Notes:Effective date—1999 c 42: See RCW 11.96A.902.Short title—Application…