Title 2 — Title 2 COURTS OF RECORD
27 chapters · 395 sections in this title.
RCW 2.28.070 Contempt—Judicial officer may punish.
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For the effectual exercise of the powers specified in RCW 2.28.060, a judicial officer may punish for contempt in the cases and manner provided by law.[ 1891 c 54 s 7; RRS s 58.]Notes:Rules of court: CR 45(f).Contempts: Chapter 7.21 RCW.Criminal contempts: Chapter 7.21 RCW, RCW 9…
RCW 2.28.080 Powers of judges of supreme and superior courts.
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The judges of the supreme and superior courts have power in any part of the state to take and certify—(1) The proof and acknowledgment of a conveyance of real property or any other written instrument authorized or required to be proved or acknowledged.(2) The acknowledgment of sa…
RCW 2.28.090 Powers of inferior judicial officers.
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Every other judicial officer may, within the county, city, district, or precinct in which he or she is chosen:(1) Exercise the powers mentioned in RCW 2.28.080 (1) through (3);(2) Exercise any other power and perform any other duty conferred or imposed upon him or her by other st…
RCW 2.28.100 Legal holidays—No court—Exceptions.
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No court shall be open, nor shall any judicial business be transacted, on a legal holiday, except:(1) To give, upon their request, instructions to a jury when deliberating on their verdict;(2) To receive the verdict of a jury;(3) For the exercise of the powers of a magistrate in …
RCW 2.28.110 Legal holiday—Sitting deemed adjourned.
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If any legal holiday happens to be a day appointed for the sitting of a court or to which it is adjourned, such sitting shall be deemed appointed for or adjourned to the next day which is not a legal holiday.[ 1927 c 51 s 3; RRS s 65. Prior: 1891 c 41 s 3.]
RCW 2.28.120 Proceedings may be adjourned from time to time.
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A court or judicial officer has power to adjourn any proceeding before it or him or her from time to time, as may be necessary, unless otherwise expressly provided by law.[ 2011 c 336 s 43; 1891 c 54 s 10; RRS s 66.]
RCW 2.28.130 Proceeding not to fail for want of judge or session of court.
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No proceeding in a court of justice in any action, suit, or proceeding pending therein, is affected by a vacancy in the office of any or all of the judges, or by the failure of a session of the court.[ 1891 c 49 s 2; RRS s 67.]Notes:Rules of court: Section superseded by CR 6(c). …
RCW 2.28.139 County to furnish courthouse.
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The county in which the court is held shall furnish the courthouse, a jail or suitable place for confining prisoners, books for record, stationery, lights, wood, attendance, and other incidental expenses of the courthouse and court which are not paid by the United States.[Code 18…
RCW 2.28.140 Court rooms.
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If the proper authority neglects to provide any superior court with rooms, furniture, fuel, lights and stationery suitable and sufficient for the transaction of its business and for the jury attending upon it, if there be one, the court may order the sheriff to do so, at the plac…
RCW 2.28.141 County commissioners to provide temporary quarters.
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Until proper buildings are erected at a place fixed upon for the seat of justice in any county, it shall be the duty of the county commissioners to provide some suitable place for holding the courts of such county.[Code 1881 s 2688; 1854 p 423 s 23; RRS s 4035.]
RCW 2.28.150 Implied powers—Proceeding when mode not prescribed.
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When jurisdiction is, by the Constitution of this state, or by statute, conferred on a court or judicial officer all the means to carry it into effect are also given; and in the exercise of the jurisdiction, if the course of proceeding is not specifically pointed out by statute, …
RCW 2.28.160 Judge pro tempore—Compensation—Reimbursement for subsistence, lodging and travel expenses—Affidavit to court.
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Whenever a judge serves as a judge pro tempore the payments for subsistence, lodging, and compensation pursuant to RCW 2.04.250 and 2.06.160 as now or hereafter amended shall be paid only for time actually spent away from the usual residence and abode of such pro tempore judge an…
RCW 2.28.200 Signage concerning assaults in court facilities during court proceedings.
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(1) Signage shall be posted notifying the public of the possible enhanced penalties under chapter 256, Laws of 2013.(2) The signage shall be prominently displayed at any public entrance to a courtroom.(3) The administrative office of the courts shall develop a standard signage fo…
RCW 2.28.210 Court consultation of judicial information system—Disclosure to parties.
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(1) Before granting an order under any of the following titles of the laws of the state of Washington, the court may consult the judicial information system or any related databases, if available, to determine criminal history or the pendency of other proceedings involving the pa…
RCW 2.28.300 Definitions—Immigration enforcement and civil arrests.
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The definitions in this section apply throughout this section and RCW 2.28.310 through 2.28.330 unless the context clearly requires otherwise.(1) "Civil arrest" means the arrest of a person for an alleged violation of civil law. It is not an arrest for an alleged violation of cri…
RCW 2.28.310 Immigration and citizenship information—Federal immigration authorities.
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(1) Judges, court staff, court security personnel, prosecutors, and personnel of the prosecutor's office:(a) Shall not inquire into or collect information about an individual's immigration or citizenship status, or place of birth, unless there is a connection between such informa…
RCW 2.28.320 Law enforcement actions in court facilities—Completion of information form—Notice to court staff.
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(1) The governmental entity responsible for the security of a court facility, using the form described in subsection (2) of this section, shall collect the name of the law enforcement officer, agency, date, time, specific law enforcement purpose, and the proposed law enforcement …
RCW 2.28.330 Privilege from civil arrest—Court facilities.
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(1) No person is subject to civil arrest while going to, remaining at, or returning from, a court facility, except:(a) Where such arrest is pursuant to a court order authorizing the arrest;(b) When necessary to secure the immediate safety of judges, court staff, or the public; or…
RCW 2.28.340 Applicability of courts open to all act.
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RCW 2.28.300 through 2.28.330 apply to the following courts: The supreme court, the courts of appeal, the superior courts, and to the courts of limited jurisdiction of this state, including district and municipal courts.[ 2020 c 37 s 6.]Notes:Findings—Short title—2020 c 37: See n…
RCW 2.30.010 Findings—Scope of therapeutic court programs.
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(1) The legislature finds that judges in the trial courts throughout the state effectively utilize what are known as therapeutic courts to remove a defendant's or respondent's case from the criminal and civil court traditional trial track and allow those defendants or respondents…
RCW 2.30.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Emerging best practice" or "promising practice" means a program or practice that, based on statistical analyses or a well- established theory of change, shows potentia…
RCW 2.30.030 Therapeutic courts authorized—Establishment of processes—Determination of eligibility—Persons not eligible—Use of best practices—Dependency matters—Foreign law limitations.
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(1) Every trial and juvenile court in the state of Washington is authorized and encouraged to establish and operate therapeutic courts. Therapeutic courts, in conjunction with the government authority and subject matter experts specific to the focus of the therapeutic court, deve…
RCW 2.30.040 Funding—Federal funding—Use of state moneys.
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Jurisdictions may seek federal funding available to support the operation of its therapeutic court and associated services and must match, on a dollar-for-dollar basis, state moneys allocated for therapeutic courts with local cash or in-kind resources. Moneys allocated by the sta…
RCW 2.30.050 Courts authorized to work cooperatively.
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Individual trial courts are authorized and encouraged to establish multijurisdictional partnerships and/or interlocal agreements under RCW 39.34.180 to enhance and expand the coverage area of the therapeutic court. Specifically, district and municipal courts may work cooperativel…
RCW 2.30.060 Authorization for therapeutic courts existing on July 24, 2015.
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Any therapeutic court meeting the definition of therapeutic court in RCW 2.30.020 and existing on July 24, 2015, continues to be authorized.[ 2015 c 291 s 7.]Notes:Conflict with federal requirements—2015 c 291: See note following RCW 2.30.010.
RCW 2.30.100 Early childhood court programs—Authorized.
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(1)(a) A superior court may establish an early childhood court program to serve the needs of infants and toddlers who are under the age of six at the time the case enters the program and dependent pursuant to chapter 13.34 RCW.(b) An early childhood court program is a therapeutic…
RCW 2.30.110 Early childhood court programs—Judicial officer training.
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(1) Judicial officers who preside over early childhood court program hearings shall participate in required trainings, as follows:(a) An initial, eight-hour training program that can include the topic areas of:(i) The benefits to infants and toddlers of secure attachment with pri…
RCW 2.30.120 Early childhood court programs—Evaluation—Provision of assistance.
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(1) Subject to the availability of amounts appropriated for this specific purpose, the administrative office of the courts shall perform, or contract for, an evaluation of the early childhood court program to ensure the quality, accountability, and fidelity of the programs' evide…
RCW 2.30.130 Early childhood court programs—Transitional provision.
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Any early childhood court program in operation as of July 25, 2021, shall have until January 1, 2022, to adjust its practices to comply with RCW 2.30.100 and 2.30.110.[ 2021 c 285 s 5.]Notes:Findings—2021 c 285: See note following RCW 2.30.100.
RCW 2.32.050 Powers and duties of court clerks.
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The clerk of the supreme court, each clerk of the court of appeals, and each clerk of a superior court, has power to take and certify the proof and acknowledgment of a conveyance of real property, or any other written instrument authorized or required to be proved or acknowledged…
RCW 2.32.070 Fees—Supreme court clerk, clerks of court of appeals.
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The clerk of the supreme court and the clerks of the court of appeals shall collect the following fees for their official services:Upon filing his or her first paper or record and making an appearance, the appellant or petitioner shall pay to the clerk of said court a docket fee …
RCW 2.32.090 Clerk not to practice law.
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Each clerk of a court is prohibited during his or her continuance in office from acting, or having a partner who acts, as an attorney of the court of which he or she is clerk.[ 2011 c 336 s 46; 1891 c 57 s 5; RRS s 81. Prior: Code 1881 s 2183; 1854 p 367 s 10.]Notes:Rules of cour…
RCW 2.32.110 Reporter's duties.
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He or she shall prepare such decisions for publication by giving the title of each case, a syllabus of the points decided, a brief statement of the facts bearing on the points decided, the names of the counsel, and a reference to such authorities as are cited from standard report…
RCW 2.32.120 Publication of reports.
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The reports must be published under the supervision of the court, and to that end each of the judges must be furnished by the reporter with proof sheets of each volume thirty days before its final publication.[ 1890 p 320 s 3; RRS s 11060.]Notes:Rules of court: SAR 17.Publication…
RCW 2.32.130 Correction by judges.
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Within thirty days after such proof sheets are furnished, the judges must return the same to the reporter, with corrections or alterations, and he or she must make the corrections or alterations accordingly.[ 2011 c 336 s 48; 1890 p 320 s 4; RRS s 11061.]Notes:Rules of court: SAR…
RCW 2.32.140 Opinions available to reporter.
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The reporter may take the original opinions and papers in each case from the clerk's office and retain them in his or her possession not exceeding sixty days.[ 2011 c 336 s 49; 1890 p 320 s 5; RRS s 11062.]
RCW 2.32.160 Washington court reports commission.
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There is hereby created a commission advisory to the supreme court regarding the publication of the decisions of the supreme court and court of appeals of this state in both the form of advance sheets for temporary use and in permanent form, to be known as the Washington court re…
RCW 2.32.170 Commission—Powers.
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The commission shall make recommendations to the supreme court on matters pertaining to the publication of such decisions, in both temporary and permanent forms. The commission shall by July 1, 1997, develop a policy that ensures that if any material prepared pursuant to RCW 2.32…
RCW 2.32.180 Superior court reporters—Qualifications—Appointment—Terms—Oath and bonds.
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It shall be and is the duty of each and every superior court judge in counties or judicial districts in the state of Washington having a population of over thirty-five thousand inhabitants to appoint, or said judge may, in any county or judicial district having a population of ov…
RCW 2.32.200 Duties of official reporter.
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It shall be the duty of each official reporter appointed under RCW 2.32.180 through 2.32.310 to attend every term of the superior court in the county or judicial district for which he or she is appointed, at such times as the judge presiding may direct; and upon the trial of any …
RCW 2.32.210 Court reporter salaries—Expenses.
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Each official reporter shall be paid such compensation as shall be fixed, after recommendation by the judges of the judicial district involved, by the legislative authority of the county comprising said judicial district, or by the legislative authorities acting jointly where the…
RCW 2.32.220 Application to lesser judicial districts.
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If the judge of the superior court in any judicial district having a total population of less than twenty-five thousand finds that the work in such district requires the services of an official court reporter he or she may appoint a person qualified under RCW 2.32.180.[ 2011 c 33…
RCW 2.32.230 One reporter for two lesser districts.
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An official court reporter may be appointed to serve two or more judicial districts, each of which has a total population under twenty-five thousand, if the judges thereof so agree, and the salary of such official reporter shall be determined by the total population of all the ju…
RCW 2.32.240 Transcript of testimony—Fee—Forma pauperis.
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When a record has been taken in any cause as provided in RCW 2.32.180 through 2.32.310, if the court, or either party to the suit or action, or his or her attorney, request a transcript, the official reporter employed by the court or other certified court reporter, or an authoriz…
RCW 2.32.250 Transcript accorded verity.
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The report of the official reporter employed by the court or other certified court reporter, or authorized transcriptionist, when transcribed and certified as being a correct transcript of the stenographic notes or electronically recorded testimony, or other oral proceedings had …
RCW 2.32.260 Notes of outgoing reporter may be transcribed—Effect.
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When the official reporter who has taken notes in any cause, shall thereafter cease to be such official reporter, any transcript thereafter made by him or her therefrom, or made by any competent person under the direction of the court, and duly certified to by the person making t…
RCW 2.32.270 Reporter pro tempore.
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In the event of the absence or inability of the official reporter to act, the presiding judge may appoint a competent stenographer to act pro tempore, who shall perform the same duties as the official reporter, and whose report when certified to, shall have the same legal effect …
RCW 2.32.280 Reporter as amanuensis in counties with populations of one hundred twenty-five thousand or more.
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In all counties or judicial districts, except in any county with a population of one hundred twenty-five thousand or more, such official reporter shall act as amanuensis to the court for which he or she is appointed.[ 1991 c 363 s 3; 1957 c 244 s 5; 1943 c 69 s 5; 1913 c 126 s 9;…
RCW 2.32.290 Court files accessible to reporter.
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Official reporters or reporters pro tempore may, without order of court, upon giving a proper receipt therefor, procure at all reasonable hours from the office of the clerk of the court, any files or exhibits necessary for use in the preparation of statements of fact or transcrib…
RCW 2.32.300 Office space.
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Suitable office space shall be furnished the official reporter.[ 1943 c 69 s 6; 1913 c 126 s 11; Rem. Supp. 1943 s 42-11.]