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 […]
4.105.070 – 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.]
4.100.020 – 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.]
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 […]