Title 4, CIVIL PROCEDURE

If the attorney general shall find that said officer, employee, or volunteer's acts or omissions were, or were purported to be in good faith, within the scope of that person's official duties, or, in the case of a foster parent, that the occurrence arose from the good faith provi…

When a state officer, employee, or volunteer has been represented by the attorney general pursuant to RCW 4.92.070, and the body presiding over the action or proceeding has found that the officer, employee, or volunteer was acting within the scope of his or her official duties, a…

No bond shall be required of the state of Washington for any purpose in any case in any of the courts of the state of Washington and the state of Washington shall be, on proper showing, entitled to any orders, injunctions and writs of whatever nature without bond notwithstanding …

The state of Washington, whether acting in its governmental or proprietary capacity, shall be liable for damages arising out of its tortious conduct to the same extent as if it were a private person or corporation. [ 1963 c 159 s 2; 1961 c 136 s 1.]

(1) All claims against the state, or against the state's officers, employees, or volunteers, acting in such capacity, for damages arising out of tortious conduct, must be presented to the office of risk management. A claim is deemed presented when the claim form is delivered in p…

No action subject to the claim filing requirements of RCW 4.92.100 shall be commenced against the state, or against any state officer, employee, or volunteer, acting in such capacity, for damages arising out of tortious conduct until sixty calendar days have elapsed after the cla…

Claims against the state arising out of tortious conduct may be assigned voluntarily, involuntarily, and by operation of law to the same extent as like claims against private persons may be so assigned. [ 1963 c 159 s 5.]

A liability account in the custody of the treasurer is hereby created as a nonappropriated account to be used solely and exclusively for the payment of liability settlements and judgments against the state under 42 U.S.C. Sec. 1981 et seq. or for the tortious conduct of its offic…

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…

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…

(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…

(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 v…

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…

(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 syst…

(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…

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.

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…

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.

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…

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…

(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 subse…

(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 …

(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 d…

(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,…

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…

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…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Actually innocent" describes a person for whom a preponderance of all the evidence no longer supports a finding that the person engaged in conduct that is the basis f…

(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 from the state. (2) If a person entitled to file a claim under subsection (1) of this section is deceased, inc…

(1) In order to file an actionable claim for compensation under this chapter, the claim must not be time barred under RCW 4.100.090 and the claimant must state facts and provide documentation in sufficient detail for the finder of fact to determine by a preponderance of the evide…

Any party is entitled to the rights of appeal afforded parties in a civil action following a decision on such motions. If the claimant appeals the dismissal of a claim, review of the superior court action is de novo. If the state appeals a judgment in favor of a claimant and the …

(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 imprisonment, and has served all or any part of th…

(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 this chapter and RCW 28B.15.395 and 72.09.750 at…

(1) It is the intent of the legislature that the monetary compensation calculated under this chapter shall establish the monetary minimum compensation owed to a claimant pursuant to a wrongful conviction. If the claimant is awarded compensation under this chapter and receives a t…

(1) Except as provided in RCW 4.100.070, an action for compensation under this chapter must be commenced within six years after the grant of a pardon or other executive relief, the grant of judicial relief and satisfaction of other conditions described in this chapter, or release…

(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 governme…

(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…

(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 respo…

(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 subsectio…

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.]

(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 4.10…

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.]

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.]

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 pre…

This chapter may be known and cited as the uniform public expression protection act. [ 2021 c 259 s 1.]

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. [ 20…

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.]