Title 7 — Title 7 SPECIAL PROCEEDINGS AND ACTIONS
43 chapters · 769 sections in this title.
RCW 7.40.010 Who may grant restraining orders and injunctions.
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Restraining orders and injunctions may be granted by the superior court, or by any judge thereof.[ 1957 c 9 s 11; Code 1881 s 153; 1877 p 32 s 153; 1869 p 38 s 151; 1854 p 152 s 111; RRS s 718.]
RCW 7.40.020 Grounds for issuance.
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When it appears by the complaint that the plaintiff is entitled to the relief demanded and the relief, or any part thereof, consists in restraining the commission or continuance of some act, the commission or continuance of which during the litigation would produce great injury t…
RCW 7.40.030 Malicious erection of structure may be enjoined.
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An injunction may be granted to restrain the malicious erection, by any owner or lessee of land, of any structure intended to spite, injure or annoy an adjoining proprietor. And where any owner or lessee of land has maliciously erected such a structure with such intent, a mandato…
RCW 7.40.040 Time of granting.
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The injunction may be granted at the time of commencing the action, or at any time afterwards, before judgment in that proceeding.[Code 1881 s 155; 1877 p 33 s 155; 1869 p 39 s 153; 1854 p 153 s 113; RRS s 721.]
RCW 7.40.050 Notice—Restraining orders in emergencies.
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No injunction shall be granted until it shall appear to the court or judge granting it, that some one or more of the opposite party concerned, has had reasonable notice of the time and place of making application, except that in cases of emergency to be shown in the complaint, th…
RCW 7.40.060 Affidavits at hearing.
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On the hearing of an application for an injunction, each party may read affidavits.[Code 1881 s 157; 1877 p 33 s 157; 1869 p 39 s 155; 1854 p 153 s 115; RRS s 723.]Notes:Rules of court: CR 65.
RCW 7.40.070 Terms and conditions may be imposed.
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Upon the granting or continuing an injunction, such terms and conditions may be imposed upon the party obtaining it as may be deemed equitable.[Code 1881 s 158; 1877 p 33 s 158; 1869 p 39 s 156; 1854 p 153 s 116; RRS s 724.]Notes:Rules of court: Cf. CR 65(d).
RCW 7.40.080 Injunction bond.
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No injunction or restraining order shall be granted until the party asking it shall enter into a bond, in such a sum as shall be fixed by the court or judge granting the order, with surety to the satisfaction of the clerk of the superior court, to the adverse party affected there…
RCW 7.40.085 Injunction bonds for injunctions affecting public construction contracts.
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In determining the amount of the bond required by RCW 7.40.080 as now or hereafter amended, with respect to an injunction or restraining order that will delay or enjoin a notice to proceed or the performance of work under a construction contract for a public contracting body amon…
RCW 7.40.090 Bond for injunction after temporary restraining order.
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When an injunction is granted upon the hearing, after a temporary restraining order, the plaintiff shall not be required to enter into a second bond, unless the former shall be deemed insufficient, but the plaintiff and his or her surety shall remain liable upon his or her origin…
RCW 7.40.100 Copy of order serves as writ.
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It shall not be necessary to issue a writ of injunction, but the clerk shall issue a copy of the order of injunction duly certified by him or her, which shall be forthwith served by delivering the same to the adverse party.[ 2011 c 336 s 196; Code 1881 s 161; 1877 p 33 s 161; 186…
RCW 7.40.110 Stay of judgment—Release of errors.
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In application to stay proceedings after judgment, the plaintiff shall endorse upon his or her complaint a release of errors in the judgment whenever required to do so by the judge or court.[ 2011 c 336 s 197; Code 1881 s 162; 1877 p 33 s 162; 1869 p 39 s 160; 1854 p 153 s 120; R…
RCW 7.40.120 Injunction, who is bound by.
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An order of injunction shall bind every person and officer restrained from the time he or she is informed thereof.[ 2011 c 336 s 198; Code 1881 s 163; 1877 p 33 s 163; 1869 p 40 s 161; 1854 p 153 s 121; RRS s 729.]
RCW 7.40.130 When adverse party becomes bound.
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When notice of the application for an injunction has been served upon the adverse party, it shall not be necessary to serve the order upon him or her, but he or she shall be bound by the injunction as soon as the bond required of the plaintiff is executed and delivered to the pro…
RCW 7.40.140 Disposition of money collected on enjoined judgment.
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Money collected upon a judgment afterward enjoined, remaining in the hands of the collecting officer, shall be paid to the clerk of the court granting the injunction, subject to the order of the court.[Code 1881 s 165; 1877 p 34 s 165; 1869 p 40 s 163; 1854 p 154 s 123; RRS s 731…
RCW 7.40.150 Contempt for disobedience.
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Whenever it shall appear to any court granting a restraining order or an order of injunction, or by affidavit, that any person has willfully disobeyed the order after notice thereof, such court shall award an attachment for contempt against the party charged, or an order to show …
RCW 7.40.160 Attachment and arrest—Indemnity of plaintiff.
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The attachment for contempt shall be immediately served, by arresting the party charged, and bringing him or her into court, if in session, to be dealt with as in other cases of contempt; and the court shall also take all necessary measures to secure and indemnify the plaintiff a…
RCW 7.40.170 Bond for appearance.
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If the court is not in session the officer making the arrest shall cause the person to enter into a bond, with surety, to be approved by the officer, conditioned that he or she personally appear in open court whenever his or her appearance shall be required, to answer such contem…
RCW 7.40.180 Motion to dissolve or modify.
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Motions to dissolve or modify injunctions may be made in open court, or before a judge of the superior court, at any time after reasonable notice to the adverse party.[ 1891 c 36 s 1; Code 1881 s 169; 1877 p 34 s 169; 1869 p 40 s 167; 1854 p 154 s 127; RRS s 735.]Notes:Rules of c…
RCW 7.40.190 Damages on dissolution of injunction to stay judgment.
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When an injunction to stay proceedings after judgment for debt or damages shall be dissolved, the court shall award such damages not exceeding ten percent on the judgment, as the court may deem right, against the party in whose favor the injunction issued.[Code 1881 s 170; 1877 p…
RCW 7.40.200 Damages for rents and waste.
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If an injunction to stay proceedings after verdict or judgment in an action for the recovery of real estate, or the possession thereof, be dissolved, the damages assessed against the party obtaining the injunction, shall include the reasonable rents and profits of the lands recov…
RCW 7.40.210 Motion to reinstate.
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Upon an order being made dissolving or modifying an order of injunction, the plaintiff may move the court to reinstate the order, and the court may, in its discretion, allow the motion, and appoint a time for hearing the same before the court, or a time and place for hearing befo…
RCW 7.40.230 Injunctions—Fraud in obtaining telecommunications service.
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(1) Whenever it appears that any person is engaged in or about to engage in any act that constitutes or will constitute a violation of RCW 9.26A.110, 9.26A.115, or 9.26A.090, the prosecuting attorney, a telecommunications company, or any person harmed by an alleged violation of R…