RCW 4.44.020 Notice of trial—Note of issue. 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 […]
RCW 4.44.025 Priority permitted for aged or ill parties in civil cases. 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, […]
RCW 4.44.060 Proceedings in trial by court—Findings deemed verdict. 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 […]
RCW 4.44.070 Findings and conclusions, how made. 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 […]
RCW 4.44.080 Questions of law to be decided by court. 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 […]
RCW 4.44.090 Questions of fact for jury. 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 § 224; 1877 p 47 § 228; 1869 p 56 § 228; RRS § 343.] NOTES: Rules of court: Cf. ER 1008. […]
RCW 4.44.110 Jury fee part of taxable costs. 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 § 3; 1903 c 43 § 2; RRS § 317.]
RCW 4.44.120 Impanelling jury—Voir dire, challenge for cause—Number. 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 […]
RCW 4.44.130 Challenges—Kind and number. 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; but, they […]
RCW 4.44.140 Peremptory challenges defined. 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 § 5; Code 1881 § 208; 1877 p 43 § 212; 1869 p 51 § 212; RRS § 325.]
RCW 4.44.150 Challenges for cause defined. 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 § 6; Code 1881 […]
RCW 4.44.160 General causes of challenge. 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 […]
RCW 4.44.170 Particular causes of challenge. 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 […]
RCW 4.44.180 Implied bias defined. 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 tenant, to […]
RCW 4.44.190 Challenge for actual bias. 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 […]
RCW 4.44.210 Peremptory challenges, how taken. 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 alternately until the […]
RCW 4.44.220 Order of taking challenges. 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 § 10; Code 1881 § 216; 1877 p 45 § 220; […]
RCW 4.44.230 Exceptions to challenges—Determination. 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 and decide […]
RCW 4.44.240 Challenge determination. 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 challenge is sustained, the juror […]
RCW 4.44.250 Challenge, exception, denial may be oral. 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 § 13; Code 1881 § 219; 1877 p 45 § 223; 1869 p […]
