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 […]
4.96.041 – Action or proceeding against officer, employee, or volunteer of local governmental entity—Payment of damages and expenses of defense.
RCW 4.96.041 Action or proceeding against officer, employee, or volunteer of local governmental entity—Payment of damages and expenses of defense. (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 […]
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 […]