WA Bar Washington Civil Procedure 2 — Questions and Answers
Question 1: In Washington, mandatory venue for an action against a county lies in which court?
- The county where the plaintiff resides
- The county where the cause of action arose
- The superior court of that county (Correct answer)
- Any superior court in the state
Correct answer: The superior court of that county
Under RCW 36.01.050, actions against a county must be brought in the superior court of that county.
Question 2: Under Washington's long-arm statute (RCW 4.28.185), which of the following is NOT a basis for personal jurisdiction?
- Transacting business in Washington
- Owning real property in Washington
- Committing a tortious act in Washington
- Having a registered agent in a neighboring state (Correct answer)
Correct answer: Having a registered agent in a neighboring state
Washington's long-arm statute does not extend jurisdiction based solely on a party maintaining a registered agent in a neighboring state with no Washington contacts.
Question 3: Washington CR 11 sanctions may be imposed for which of the following?
- Filing a pleading for an improper purpose (Correct answer)
- Losing a motion
- Failing to appear at a deposition
- Missing a filing deadline
Correct answer: Filing a pleading for an improper purpose
CR 11 authorizes sanctions when a pleading, motion, or other paper is filed for an improper purpose such as harassment or to cause unnecessary delay.
Question 4: In Washington, which standard governs a motion to dismiss for failure to state a claim under CR 12(b)(6)?
- The plaintiff must prove a prima facie case
- The complaint must show the plaintiff is entitled to relief beyond a reasonable doubt
- The complaint must contain facts sufficient to state a claim plausible on its face (Correct answer)
- The defendant must show the claim is frivolous
Correct answer: The complaint must contain facts sufficient to state a claim plausible on its face
Washington courts apply a notice pleading standard requiring factual allegations sufficient to make a claim plausible on its face, consistent with Iqbal/Twombly principles.
Question 5: Under Washington's discovery rules, interrogatories may be served on a party without leave of court up to how many interrogatories?
- 25
- 30
- 40 (Correct answer)
- 50
Correct answer: 40
Washington CR 33 permits a party to serve up to 40 interrogatories, including subparts, without leave of court.
Question 6: When a Washington superior court awards attorney fees, what is the primary statutory basis for fee-shifting in contract disputes?
- RCW 4.84.010 (prevailing party statute) (Correct answer)
- Common law bad faith doctrine
- The contract's own fee provision
- Washington Consumer Protection Act
Correct answer: RCW 4.84.010 (prevailing party statute)
RCW 4.84.010 is Washington's prevailing party statute authorizing cost awards, and RCW 4.84.330 allows attorney fees in contract actions when the contract provides for fees to any party.
WA Bar Washington Civil Procedure 2
In Washington, mandatory venue for an action against a county lies in which court?