Washington Civil Procedure Flashcards

Under Washington law, which doctrine allows a court to transfer venue when the chosen venue is not convenient?

Answer: Forum non conveniens

Washington courts apply the forum non conveniens doctrine under RCW 4.12.030 to transfer venue when the convenience of witnesses and the ends of justice would be better served in another county.

What is the standard of review applied by the Washington Court of Appeals to a superior court's grant of summary judgment?

Answer: De novo

The Washington Court of Appeals reviews a grant of summary judgment de novo, applying the same standard as the trial court.

Under Washington's class action rule (CR 23), which element is NOT required for class certification?

Answer: Predominance of individual issues

Predominance of individual issues defeats, rather than supports, class certification; Washington CR 23 requires numerosity, commonality, typicality, and adequate representation.

In Washington, what is the deadline for serving a complaint after filing to avoid dismissal?

Answer: 90 days

Under CR 4(m), a Washington plaintiff must serve the complaint within 90 days of filing or face dismissal without prejudice absent good cause.

Under Washington CR 26, which of the following is automatically required to be disclosed without a formal discovery request?

Answer: Identities of all potential witnesses known to the party

Washington CR 26(b)(1) requires initial disclosure of the identity of each individual likely to have discoverable information, without awaiting a formal request.

In Washington, which remedy is available when a party willfully destroys evidence after litigation is reasonably anticipated?

Answer: Adverse inference instruction or dismissal as spoliation remedies

Washington courts may impose an adverse inference jury instruction or dismissal as spoliation sanctions when a party willfully destroys evidence after litigation is reasonably foreseeable.