The Washington theaters

UPEPA — the anti-SLAPP machine (RCW 4.105)

• · Washington adopted the Uniform Public Expression Protection Act (2021) after Davis v. Cox struck the old 4.24.525 (pointer — verify before citing).
• · The special motion for expedited relief requires WRITTEN NOTICE to the responding party at least 14 days before filing (RCW 4.105.020).
• · Costs, attorney fees, and expenses follow under RCW 4.105.090; a voluntary dismissal with prejudice of the challenged cause ESTABLISHES that the moving party prevailed (RCW 4.105.060).

Red line: The goods-and-services and governmental-unit definitions bound the act's reach (RCW 4.105.010) — coverage is a legal judgment.

Medical malpractice (RCW 7.70; RCW 4.16.350)

• · MANDATORY MEDIATION: claims for injury from health care are subject to mandatory mediation prior to trial (RCW 7.70.100), implemented through Supreme Court rules.
• · The limitations architecture: three years from act/omission or one year from discovery, whichever is later — with an EIGHT-YEAR REPOSE, tolled for fraud, intentional concealment, or a non-therapeutic foreign body (RCW 4.16.350).
• · NO CERTIFICATE OF MERIT: the former RCW 7.70.150 was held unconstitutional (Putman v. Wenatchee, 2009 — pointer) and the compilation carries no such section — no filing-gate affidavit requirement is operative.

Red line: Never assert a certificate-of-merit requirement — the corroboration gate pins the section's ABSENCE.

Unlawful detainer (RCW 59.12; RCW 59.18)

• · The eviction lane is STATUTORY and summary: unlawful detainer status is defined by RCW 59.12.030's enumerated grounds; the Residential Landlord-Tenant Act (RCW 59.18) overlays notice and show-cause procedure for residential tenancies.
• · The show-cause hearing is the speed lever — the RLTA summons and the show-cause order compress the timeline far below ordinary civil pace.

Red line: Residential notice requirements changed repeatedly in recent sessions — the loaded text controls, not memory.

The extraordinary writs (RCW 7.16)

• · REVIEW (certiorari): granted when an inferior tribunal, board, or officer exercising judicial functions has exceeded jurisdiction or acted illegally, and there is no adequate remedy at law (RCW 7.16.040).
• · MANDAMUS: compels performance of an act the law especially enjoins as a duty (RCW 7.16.160); issued by any court except district or municipal.
• · PROHIBITION: the counterpart of mandate — arrests proceedings without or in excess of jurisdiction (RCW 7.16.290).
• · Appellate-side discretionary review runs through RAP 2.3 instead; the statutory writs are the trial-court-level lane.

Red line: A writ never substitutes for an adequate appeal — the adequacy question is the gate.

Garnishment (RCW 6.27)

• · The garnishment chapter opens with the legislature's own frame: the garnishee bears no responsibility for the debt, but the process is necessary for enforcing obligations (RCW 6.27.005).
• · Writs, answers, exemption claims, and controversion run on the chapter's forms and clocks — post-judgment enforcement's front line.

Red line: Exemption law is debtor-protective and technical — never computed casually.

Receiverships (RCW 7.60)

• · A receiver may be appointed by the superior court in the enumerated instances (RCW 7.60.025) — the statute's list, not an open-ended equity power, frames the motion.

Red line: General vs. custodial receiver selection changes the estate's whole posture.

Mandatory civil arbitration (RCW 7.06; SCCAR)

• · POPULATION-MANDATORY: counties over 100,000 SHALL require arbitration; smaller counties may adopt it by judge-majority or county authority (RCW 7.06.010).
• · The ceiling: money-judgment claims at $15,000 or less — raisable to $100,000 by two-thirds vote of the county's judges (RCW 7.06.020).
• · The exit: a trial de novo request within 20 days of the arbitrator's proof-of-service of the later of the award or a fee decision (SCCAR 7.1) — with fee-shift exposure for failing to improve position.

Red line: The county's adoption posture and ceiling are LOCAL facts — check before assuming a case is in or out.

Want of prosecution (CR 41(b)(1))

• · THE 1-YEAR NOTE-FOR-TRIAL RULE: on a party's motion, a civil action SHALL be dismissed without prejudice when the plaintiff neglects to note the action for trial or hearing within one year after any issue of law or fact is joined (CR 41(b)(1)).
• · The cure is in the same sentence — note the case for trial before the motion is heard.

Red line: Local case-schedule regimes (King County's, notably) change how noting practice actually runs.

Staying enforcement (RAP 8.1; CR 62)

• · RAP 8.1 provides the appellate supersedeas lane IN ADDITION to CR 62's trial-court stays — money judgments stay by supersedeas amount; decisions affecting property by bond or alternate security.

Red line: An unsuperseded judgment is enforceable during appeal — the gap between filing and security is live exposure.