Title 4 — Title 4 CIVIL PROCEDURE
29 chapters · 439 sections in this title.
RCW 4.92.150 Compromise and settlement of claims by attorney general.
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After commencement of an action in a court of competent jurisdiction upon a claim against the state, or any of its officers, employees, or volunteers arising out of tortious conduct or pursuant to 42 U.S.C. Sec. 1981 et seq., or against a foster parent that the attorney general i…
RCW 4.92.160 Payment of claims and judgments.
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Payment of claims and judgments arising out of tortious conduct or pursuant to 42 U.S.C. Sec. 1981 et seq. shall not be made by any agency or department of state government with the exception of the office of risk management, and that office shall authorize and direct the payment…
RCW 4.92.175 Action against state patrol officers in private law enforcement off-duty employment—Immunity of state—Notice to employer.
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(1) The state of Washington is not liable for tortious conduct by Washington state patrol officers that occurs while such officers are engaged in private law enforcement off-duty employment.(2) Upon petition of the state any suit, for which immunity is granted to the state under …
RCW 4.92.180 State, local governments not liable for injury to unauthorized third-party occupant of state or local government vehicle.
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(1) The state and local governments are not liable for any injury received by a third-party occupant of a vehicle that is owned, leased, or rented by the state or local government if, at the time the injuries were inflicted, the third-party occupant was:(a) Riding in or on the ve…
RCW 4.92.200 Actions against state on state warrant appearing to be redeemed—Claim required—Time limitation.
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No action shall be commenced against the state on account of any state warrant appearing to have been redeemed unless a claim has been presented and filed with the state treasurer within six years of the date of issuance of such warrant. The requirements of this section shall not…
RCW 4.92.210 Risk management—Review of claims—Settlements.
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(1) All liability claims arising out of tortious conduct or under 42 U.S.C. Sec. 1981 et seq. that the state of Washington or any of its officers, employees, or volunteers would be liable for shall be filed with the office of risk management.(2) A centralized claim tracking syste…
RCW 4.92.220 Risk management administration account.
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(1) The risk management administration account is created in the custody of the state treasurer. All receipts from appropriations and assessments shall be deposited into the account. Only the director or the director's designee may authorize expenditures from the account. The acc…
RCW 4.92.240 Rules.
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The director has the power to adopt rules necessary to carry out the intent of this chapter.[ 2002 c 332 s 20; 1989 c 419 s 8.]Notes:Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.
RCW 4.92.250 Risk management—Risk manager may delegate powers and duties.
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The risk manager may delegate to a state agency the authority to carry out any powers or duties of the risk manager under this chapter related to claims administration and purchase of insurance for the purpose of protecting any classes of officers, employees, or for other persons…
RCW 4.92.260 Construction.
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Nothing in this chapter shall be construed as amending, repealing, or otherwise affecting RCW 28B.20.250 through 28B.20.255.[ 1989 c 419 s 10.]Notes:Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.
RCW 4.92.270 Risk management—Standard indemnification agreements.
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The risk manager shall develop procedures for standard indemnification agreements for state agencies to use whenever the agency agrees to indemnify, or be indemnified by, any person or party. The risk manager shall also develop guidelines for the use of indemnification agreements…
RCW 4.92.280 Local government reimbursement claims.
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If chapter 217, Laws of 1998 mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the department of ente…
RCW 4.92.290 Tortious conduct by department of fish and wildlife officers engaged in private law enforcement off-duty employment—No state liability.
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(1) The state is not liable for tortious conduct by department of fish and wildlife officers that occurs while such officers are engaged in private law enforcement off-duty employment.(2) Upon petition of the state any suit, for which immunity is granted to the state under subsec…
RCW 4.96.010 Tortious conduct of local governmental entities—Liability for damages.
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(1) All local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith …
RCW 4.96.020 Tortious conduct of local governmental entities and their agents—Claims—Presentment and filing—Contents.
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(1) The provisions of this section apply to claims for damages against all local governmental entities and their officers, employees, or volunteers, acting in such capacity.(2) The governing body of each local governmental entity shall appoint an agent to receive any claim for da…
RCW 4.96.041 Action or proceeding against officer, employee, or volunteer of local governmental entity—Payment of damages and expenses of defense.
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(1) Whenever an action or proceeding for damages is brought against any past or present officer, employee, or volunteer of a local governmental entity of this state, arising from acts or omissions while performing or in good faith purporting to perform his or her official duties,…
RCW 4.96.050 Bond not required.
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No bond is required of any local governmental entity for any purpose in any case in any of the courts of the state of Washington and all local governmental entities shall be, on proper showing, entitled to any orders, injunctions, and writs of whatever nature without bond, notwit…
RCW 4.100.010 Intent.
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The legislature recognizes that persons convicted and imprisoned for crimes they did not commit have been uniquely victimized. Having suffered tremendous injustice by being stripped of their lives and liberty, they are forced to endure imprisonment and are later stigmatized as fe…
RCW 4.100.020 Claim for compensation—Definitions.
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*** CHANGE IN 2026 *** (SEE 5520-S.SL) ***(1) Any person convicted in superior court and subsequently imprisoned for one or more felonies of which he or she is actually innocent may file a claim for compensation against the state.(2) For purposes of this chapter, a person is:(a) …
RCW 4.100.030 Procedure for filing of claims.
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*** CHANGE IN 2026 *** (SEE 5520-S.SL) ***(1) All claims under this chapter must be filed in superior court. The venue for such actions is governed by RCW 4.12.020.(2) Service of the summons and complaint is governed by RCW 4.28.080.[ 2013 c 175 s 3.]
RCW 4.100.040 Claims—Evidence, determinations required—Dismissal of claim.
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*** CHANGE IN 2026 *** (SEE 5520-S.SL) ***(1) In order to file an actionable claim for compensation under this chapter, the claimant must establish by documentary evidence that:(a) The claimant has been convicted of one or more felonies in superior court and subsequently sentence…
RCW 4.100.050 Appeals.
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*** CHANGE IN 2026 *** (SEE 5520-S.SL) ***Any party is entitled to the rights of appeal afforded parties in a civil action following a decision on such motions. In the case of dismissal of a claim, review of the superior court action is de novo.[ 2013 c 175 s 5.]
RCW 4.100.060 Compensation awards—Amounts—Proof required—Reentry services.
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*** CHANGE IN 2026 *** (SEE 5520-S.SL) ***(1) In order to obtain a judgment in his or her favor, the claimant must show by clear and convincing evidence that:(a) The claimant was convicted of one or more felonies in superior court and subsequently sentenced to a term of imprisonm…
RCW 4.100.070 Provision of information—Statute of limitations.
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*** CHANGE IN 2026 *** (SEE 5520-S.SL) ***(1) On or after July 28, 2013, when a court grants judicial relief, such as reversal and vacation of a person's conviction, consistent with the criteria established in RCW 4.100.040, the court must provide to the claimant a copy of RCW 4.…
RCW 4.100.080 Remedies and compensation exclusive—Admissibility of agreements.
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*** CHANGE IN 2026 *** (SEE 5520-S.SL) ***(1) It is the intent of the legislature that the remedies and compensation provided under this chapter shall be exclusive to all other remedies at law and in equity against the state or any political subdivision of the state. As a require…
RCW 4.100.090 Actions for compensation.
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*** CHANGE IN 2026 *** (SEE 5520-S.SL) ***Except as provided in RCW 4.100.070, an action for compensation under this chapter must be commenced within three years after the grant of a pardon, the grant of judicial relief and satisfaction of other conditions described in RCW 4.100.…
RCW 4.105.010 Application of chapter.
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(1) In this section:(a) "Goods or services" does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work.(b) "Governmental unit" means a public corporation or government…
RCW 4.105.020 Special motion for expedited relief.
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(1) Prior to filing a special motion for expedited relief under subsection (2) of this section, the moving party shall provide written notice to the responding party of its intent to file the motion at least 14 days prior to filing the motion. During that time, the responding par…
RCW 4.105.030 Stay.
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(1) Except as otherwise provided in subsections (4) through (7) of this section, on the earlier of the giving of notice of intent to file a motion under RCW 4.105.020(1) or the filing of a motion under RCW 4.105.020(2):(a) All other proceedings between the moving party and respon…
RCW 4.105.040 Hearing.
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(1) The court shall hear a motion under RCW 4.105.020 not later than sixty days after filing of the motion, unless the court orders a later hearing:(a) To allow discovery under RCW 4.105.030(4); or(b) For other good cause.(2) If the court orders a later hearing under subsection (…
RCW 4.105.050 Proof.
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In ruling on a motion under RCW 4.105.020, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under superior court civil rule 56.[ 2021 c 259 s 6.]
RCW 4.105.060 Dismissal of cause of action in whole or part.
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(1) In ruling on a motion under RCW 4.105.020, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:(a) The moving party establishes under RCW 4.105.010(2) that this chapter applies;(b) The responding party fails to establish under RCW 4.105.…
RCW 4.105.070 Ruling.
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The court shall rule on a motion under RCW 4.105.020 not later than sixty days after a hearing under RCW 4.105.040.[ 2021 c 259 s 8.]
RCW 4.105.080 Appeal.
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A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under RCW 4.105.020. The appeal must be filed not later than twenty-one days after entry of the order.[ 2021 c 259 s 9.]
RCW 4.105.090 Costs, attorneys' fees, and expenses.
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On a motion under RCW 4.105.020, the court shall award court costs, reasonable attorneys' fees, and reasonable litigation expenses related to the motion:(1) To the moving party if the moving party prevails on the motion; or(2) To the responding party if the responding party preva…
RCW 4.105.900 Short title.
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This chapter may be known and cited as the uniform public expression protection act.[ 2021 c 259 s 1.]
RCW 4.105.901 Construction.
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This chapter must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution or the Washington state Constitution.[ 202…
RCW 4.105.902 Uniformity of application and construction.
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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.[ 2021 c 259 s 12.]
RCW 4.105.903 Application—Transitional provision.
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This chapter applies to a civil action filed or cause of action asserted in a civil action on or after July 25, 2021.[ 2021 c 259 s 13.]