ISSUES

RCW 4.40

in effect

RCW 4.40.010 Issues defined — Kinds.

Issues arise upon the pleadings when a fact or conclusion of law is maintained by one party and controverted by the other, they are of two kinds — first, of law; and second, of fact. Issues arise upon the pleadings when a fact or conclusion of law is maintained by one party and controverted by the other, they are of two kinds — first, of law; and second, of fact.

RCW 4.40.050 Trial of issue of law.

An issue of law shall be tried by the court, unless it is referred as provided by the statutes relating to referees. An issue of law shall be tried by the court, unless it is referred as provided by the statutes relating to referees.

RCW 4.40.060 Trial of certain issues of fact — Jury.

An issue of fact, in an action for the recovery of money only, or of specific real or personal property shall be tried by a jury, unless a jury is waived, as provided by law, or a reference ordered, as provided by statute relating to referees. An issue of fact, in an action for the recovery of money only, or of specific real or personal property shall be tried by a jury, unless a jury is waived, as provided by law, or a reference ordered, as provided by statute relating to referees.

RCW 4.40.070 Trial of other issues of fact.

Every other issue of fact shall be tried by the court, subject, however, to the right of the parties to consent, or of the court to order, that the whole issue, or any specific question of fact involved therein, be tried by a jury, or referred. Every other issue of fact shall be tried by the court, subject, however, to the right of the parties to consent, or of the court to order, that the whole issue, or any specific question of fact involved therein, be tried by a jury, or referred.

Source: WA Statutes (Official Site)URL: https://app.leg.wa.gov/RCW/default.aspx?cite=4.40&full=trueFetched: 6/28/2026