4.105.030 – Stay.
RCW 4.105.030 Stay. (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 responding party, including discovery […]
4.105.040 – Hearing.
RCW 4.105.040 Hearing. (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 (1)(a) of […]
4.105.050 – Proof.
RCW 4.105.050 Proof. 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 § 6.]
4.105.060 – Dismissal of cause of action in whole or part.
RCW 4.105.060 Dismissal of cause of action in whole or part. (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 […]
4.96.050 – Bond not required.
RCW 4.96.050 Bond not required. 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, notwithstanding the provisions […]
4.100.010 – Intent.
RCW 4.100.010 Intent. 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 felons. A majority of those wrongly convicted in Washington state have […]
4.100.020 – Claim for compensation—Definitions.
RCW 4.100.020 Claim for compensation—Definitions. (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) “Actually innocent” of a felony if he or […]
4.100.030 – Procedure for filing of claims.
RCW 4.100.030 Procedure for filing of claims. (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 § 3.]
4.100.040 – Claims—Evidence, determinations required—Dismissal of claim.
RCW 4.100.040 Claims—Evidence, determinations required—Dismissal of claim. (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 sentenced to a term of imprisonment, and has served all or […]
4.100.050 – Appeals.
RCW 4.100.050 Appeals. 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 § 5.]