Wash. Rev. Code § 7.16.010
Parties, how designated
The party prosecuting a special proceeding may be known as the plaintiff and the adverse party as the defendant.
Revised Code of Washington Chapter 7.16 — Certiorari, Mandamus, and Prohibition
Washington · statute · Wash. Rev. Code ch. 7.16 · 35 active provisions
Wash. Rev. Code § 7.16.020
Judgment, motion, and order defined
A judgment in a special proceeding is the final determination of the rights of the parties therein. The definitions of a motion and an order in a civil action are applicable to similar acts in a special proceeding.
Wash. Rev. Code § 7.16.030
Certiorari defined
CERTIORARI The writ of certiorari may be denominated the writ of review.
Wash. Rev. Code § 7.16.040
Grounds for granting writ
A writ of review shall be granted by any court, except a municipal or district court, when an inferior tribunal, board or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer, or one acting illegally, or to correct any erroneous or void proceeding, or a proceeding not…
Wash. Rev. Code § 7.16.050
Application for writ—Notice
The application must be made on affidavit by the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice.
Wash. Rev. Code § 7.16.060
Writ, to whom directed
The writ may be directed to the inferior tribunal, board or officer, or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal the clerk, if there be one, must return the writ with the transcript required.
Wash. Rev. Code § 7.16.070
Contents of writ
The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ, at a specified time and place, a transcript of the record and proceedings (describing or referring to them with convenient certainty), that the same may be reviewed by the court, and requiring the party, in…
Wash. Rev. Code § 7.16.080
Stay of proceedings
If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ. These words may be inserted or omitted, in the sound discretion of the court, but if omitted the power of the inferior court or office is not suspended or the proceedings stayed.
Wash. Rev. Code § 7.16.100
Service of writ
The writ may be served as follows, except where different directions respecting the mode of service thereof are given by the court granting it:(1) Where it is directed to a person or persons by name or by his or her official title or titles, or to a municipal corporation, it must be served upon each officer or other pe…
Wash. Rev. Code § 7.16.110
Defective return—Further return—Hearing—Judgment
If the return of the writ be defective, the court may order a further return to be made. When a full return has been made, the court must hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming or annulling or modifying the proceedings below.
Wash. Rev. Code § 7.16.120
Questions involving merits to be determined
The questions involving the merits to be determined by the court upon the hearing are:(1) Whether the body or officer had jurisdiction of the subject matter of the determination under review.(2) Whether the authority, conferred upon the body or officer in relation to that subject matter, has been pursued in the mode re…
Wash. Rev. Code § 7.16.130
Copy of judgment to inferior tribunal, board, or officer
A copy of the judgment signed by the clerk, must be transmitted to the inferior tribunal, board or officer having the custody of the record or proceeding certified up.
Wash. Rev. Code § 7.16.140
Judgment roll
A copy of the judgment signed by the clerk, entered upon or attached to the writ and return, constitute the judgment roll.
Wash. Rev. Code § 7.16.150
Mandamus defined
MANDAMUS The writ of mandamus may be denominated a writ of mandate.
Wash. Rev. Code § 7.16.160
Grounds for granting writ
It may be issued by any court, except a district or municipal court, to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station, or to compel the admission of a party to the use and enjoyment of a righ…
Wash. Rev. Code § 7.16.170
Absence of remedy at law required—Affidavit
The writ must be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It must be issued upon affidavit on the application of the party beneficially interested.
Wash. Rev. Code § 7.16.180
Alternative or peremptory writs—Form
The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party, immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the cou…
Wash. Rev. Code § 7.16.190
Notice of application—No default
When the application to the court is made without notice to the party, and the writ be allowed, the alternative must be first issued; and if the application be upon due notice and the writ be allowed, the peremptory writ may be issued in the first instance. The notice of the application, when given, must be at least te…
Wash. Rev. Code § 7.16.200
Answer
On the return of the alternative, or the day on which the application for the writ is noticed, the party on whom the writ or notice has been served may show cause by answer, under oath, made in the same manner as an answer to a complaint in a civil action.
Wash. Rev. Code § 7.16.210
Questions of fact, how determined
If an answer be made which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation of which the application for the writ is based, the court may, in its discretion, order the question to be…
Wash. Rev. Code § 7.16.220
Applicant may demur to answer or countervail it by proof
On the trial the applicant is not precluded by the answer from any valid objections to its sufficiency, and may countervail it by proof, either in direct denial or by way of avoidance.
Wash. Rev. Code § 7.16.230
Motion for new trial, where made
The motion for new trial must be made in the court in which the issue of fact is tried.
Wash. Rev. Code § 7.16.240
Certification of verdict—Argument
If no notice of a motion for a new trial be given, or if given, the motion be denied, the clerk, within five days after rendition of the verdict or denial of the motion, must transmit to the court in which the application for the writ is pending, a certified copy of the verdict attached to the order of trial, after whi…
Wash. Rev. Code § 7.16.250
Hearing
If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or puts in issue immaterial statements not affecting the substantial rights of the party, the court must proceed to hear or fix a day for hearing the argument of the case.
Wash. Rev. Code § 7.16.260
Judgment for damages and costs—Peremptory mandate
If judgment be given for the applicant he or she may recover the damages which he or she has sustained, as found by the jury or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and for such damages and costs an execution may issue, and a peremptory mandate must also be…
Page 1 of 2Next →