Title 4 — Title 4 CIVIL PROCEDURE

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 t…

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 expedi…

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…

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, an…

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 s 223; 1…

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 s 224; 1877 p 47 s 228; 1869 p 56 s 228; RRS s 343.]Notes:Rules of court: Cf. ER 1008.Charging juries: State Constitution Art. 4 s…

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 s 3; 1903 c 43 s 2; RRS s 317.]

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 f…

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; b…

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 s 5; Code 1881 s 208; 1877 p 43 s 212; 1869 p 51 s 212; RRS s 325.]

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 s 6; Code 1881 s 209; 1877 p 43 s 213; 186…

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 ju…

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…

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 te…

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 it…

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 al…

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 s 10; Code 1881 s 216; 1877 p 45 s 220; 1869 p 53 s…

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 a…

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 challen…

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 s 13; Code 1881 s 219; 1877 p 45 s 223; 1869 p 54 s 223; RRS s 337.]

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 g…

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…

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…

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 j…

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 …

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 s 18; …

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 agree…

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 s 2; Code 1881 s 234; 1877 p 49 s…

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 s 2; Code 1881 s…

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

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 the affirmative, the presiding juror shall submit the verdict to the court.[ 2003 c 406 s 20; Code 1881 s 237; 1877 p 49 s 241; 1869 p 58 s 241; …

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 so agreed upon shall be signed by the presiding juror, and the verdict shall stand as the verdict of the whole jury, and have all the force and …

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 asked whether the verdict is his or her individual verdict and whether the verdict is the jury's collective verdict. If it appears that the verdict is …

The verdict of a jury is either general or special.[ 1984 c 76 s 4; Code 1881 s 240; 1877 p 49 s 244; 1869 p 59 s 244; 1854 p 167 s 198; RRS s 362.]Notes:Rules of court: See CR 49.

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 or her answer claims a return thereof, the jury shall assess the value of the property if their verdict be in favor of the plaintiff, or i…

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 jurors to the jury room for further deliberations, or may order a new trial.[ 2003 c 406 s 24; Code 1881 s 243; 1877 p 50 s 2…

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 recovery of money is established beyond the amount of the plaintiff's claim as established, the jury shall also assess the amount of the recovery; they may…

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 verdict is then complete and the jury shall be discharged from the case. The verdict shall be in writing, and under the direction of…

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 if the party shall apply therefor, the court shall have power to prescribe the amount of the bond or other security notwithstanding any requirement o…

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 capable of delivery, which being the subject of the litigation, is held by him or her as trustee for another party, or which belongs or is due to an…

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 disobeyed, the court, besides punishing the disobedience as for contempt, may make an order requiring the sheriff to take the money or thing, a…

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 in, or making claim to the same.[Code 1881 s 197; 1877 p 41 s 201; 1869 p 49 s 201; 1854 p 163 s 176; RRS s 747.]Notes:Rules of court: Cf. CR 67…