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 […]
4.105.070 – Ruling.
RCW 4.105.070 Ruling. 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 § 8.]
4.105.080 – Appeal.
RCW 4.105.080 Appeal. 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 § 9.]
4.105.090 – Costs, attorneys’ fees, and expenses.
RCW 4.105.090 Costs, attorneys’ fees, and expenses. 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 prevails on […]
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.]
4.100.060 – Compensation awards—Amounts—Proof required—Reentry services.
RCW 4.100.060 Compensation awards—Amounts—Proof required—Reentry services. (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 […]
4.100.070 – Provision of information—Statute of limitations.
RCW 4.100.070 Provision of information—Statute of limitations. (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 4.100.020 through 4.100.090, 28B.15.395, and 72.09.750 at […]
4.100.080 – Remedies and compensation exclusive—Admissibility of agreements.
RCW 4.100.080 Remedies and compensation exclusive—Admissibility of agreements. (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 requirement to making a request for […]