Court rules and procedures

AN ACT Relating to court rules and procedures, including aligning 1
statutes with court rules and other statutes, making technical 2
corrections, and updating an implementation date; amending RCW 3
9A.48.100, 7.80.070, 7.80.050, 7.80.120, and 7.105.105; and repealing 4
RCW 2.56.190. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 9A.48.100 and 2013 c 322 s 1 are each amended to 7
read as follows: 8
For the purposes of RCW 9A.48.070 through 9A.48.090 inclusive:9
(1) "Physical damage," in addition to its ordinary meaning, shall 10
include the total or partial alteration, damage, obliteration, or 11
erasure of records, information, data, computer programs, or their 12
computer representations, which are recorded for use in computers or 13
the impairment, interruption, or interference with the use of such 14
records, information, data, or computer programs, or the impairment, 15
interruption, or interference with the use of any computer or 16
services provided by computers. "Physical damage" also includes any 17
diminution in the value of any property as the consequence of an act 18
and the cost to repair any physical damage; 19
(2) If more than one item of property is physically damaged as a 20
result of a common scheme or plan by a person and the physical damage 21
Z-0483.1
HOUSE BILL 2178
State of Washington 69th Legislature 2026 Regular Session
By Representatives Thai, Abell, Ryu, Simmons, Reed, Zahn, Reeves, and
Fosse; by request of Administrative Office of the Courts
Prefiled 12/19/25. Read first time 01/12/26. Referred to Committee
on Civil Rights & Judiciary.
p. 1 HB 2178
to the property would, when considered separately, constitute 1
mischief in the third degree because of value, then the value of the 2
damages may be aggregated in one count. If the sum of the value of 3
all the physical damages exceeds ((two hundred fifty dollars )) $750, 4
the defendant may be charged with and convicted of malicious mischief 5
in the second degree. 6
Sec. 2. RCW 7.80.070 and 2006 c 270 s 5 are each amended to read 7
as follows: 8
(1) A notice of civil infraction represents a determination that 9
a civil infraction has been committed. The determination is final 10
unless contested as provided in this chapter. 11
(2) The form for the notice of civil infraction shall be 12
prescribed by rule of the supreme court and shall include the 13
following: 14
(a) A statement that the notice represents a determination that a 15
civil infraction has been committed by the person named in the notice 16
and that the determination is final unless contested as provided in 17
this chapter; 18
(b) A statement that a civil infraction is a noncriminal offense 19
for which imprisonment may not be imposed as a sanction;20
(c) A statement of the specific civil infraction for which the 21
notice was issued; 22
(d) A statement of the monetary penalty established for the civil 23
infraction; 24
(e) A statement of the options provided in this chapter for 25
responding to the notice and the procedures necessary to exercise 26
these options; 27
(f) A statement that at any hearing to contest the determination 28
the state has the burden of proving, by a preponderance of the 29
evidence, that the civil infraction was committed and that the person 30
may subpoena witnesses including the enforcement officer who issued 31
the notice of civil infraction; 32
(g) A statement that at any hearing requested for the purpose of 33
explaining mitigating circumstances surrounding the commission of the 34
civil infraction, the person will be deemed to have committed the 35
civil infraction and may not subpoena witnesses; 36
(h) A statement that the person must respond to the notice as 37
provided in this chapter within ((fifteen)) 30 days of the date the 38
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notice is personally served or, if the notice is served by mail, 1
within 33 days of the date the notice is mailed; 2
(i) A statement that failure to respond to the notice or a 3
failure to appear at a hearing requested for the purpose of 4
contesting the determination or for the purpose of explaining 5
mitigating circumstances will result in a default judgment against 6
the person in the amount of the penalty and that this failure may be 7
referred to the prosecuting attorney for criminal prosecution for 8
failure to respond or appear; 9
(j) A statement that failure to respond to a notice of civil 10
infraction or to appear at a requested hearing is a misdemeanor and 11
may be punished by a fine or imprisonment in jail.12
Sec. 3. RCW 7.80.050 and 1987 c 456 s 13 are each amended to 13
read as follows: 14
(1) A civil infraction proceeding is initiated by the issuance, 15
service, and filing of a notice of civil infraction.16
(2) A notice of civil infraction may be issued by an enforcement 17
officer when the civil infraction occurs in the officer's presence.18
(3) A court may issue a notice of civil infraction if an 19
enforcement officer files with the court a written statement that the 20
civil infraction was committed in the officer's presence or that the 21
officer has reasonable cause to believe that a civil infraction was 22
committed. 23
(4) Service of a notice of civil infraction issued under 24
subsection (2) or (3) of this section shall be as provided by court 25
rule. Until such a rule is adopted, service shall be as provided in 26
((JTIR)) IRLJ 2.2(c)(1) and (3), as applicable. 27
(5) A notice of infraction shall be filed with a court having 28
jurisdiction within ((forty-eight hours )) five days of issuance, 29
excluding Saturdays, Sundays, and holidays. ((A)) In the absence of 30
good cause shown, a notice of infraction not filed within the time 31
limits prescribed in this section ((may)) shall, upon motion, be 32
dismissed without prejudice. 33
Sec. 4. RCW 7.80.120 and 2024 c 286 s 2 are each amended to read 34
as follows: 35
(1) A person found to have committed a civil infraction shall be 36
assessed a monetary penalty. 37
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(a) The maximum penalty and the default amount for a class 1 1
civil infraction shall be $250, not including statutory assessments, 2
except for an infraction of state law involving (i) potentially 3
dangerous litter as specified in RCW 70A.200.060(((4))) (5), in which 4
case the maximum penalty and default amount is $500; or (ii) a 5
person's refusal to submit to a test or tests pursuant to RCW 6
79A.60.040 and 79A.60.700, in which case the maximum penalty and 7
default amount is $1,000; or (iii) the misrepresentation of service 8
animals under RCW 49.60.214, in which case the maximum penalty and 9
default amount is $500; or (iv) untraceable firearms pursuant to RCW 10
9.41.326 or unfinished frames or receivers pursuant to RCW 9.41.327, 11
in which case the maximum penalty and default amount is $500; or (v) 12
the failure to report the loss or theft of a firearm under RCW 13
9.41.368, in which case the maximum penalty and default amount is 14
$1,000; 15
(b) The maximum penalty and the default amount for a class 2 16
civil infraction shall be $125, not including statutory assessments;17
(c) The maximum penalty and the default amount for a class 3 18
civil infraction shall be $50, not including statutory assessments; 19
and 20
(d) The maximum penalty and the default amount for a class 4 21
civil infraction shall be $25, not including statutory assessments.22
(2) The supreme court shall prescribe by rule the conditions 23
under which local courts may exercise discretion in assessing fines 24
for civil infractions. 25
(3)(a) Whenever a monetary penalty is imposed by a court under 26
this chapter it is immediately payable. If the person is unable to 27
pay at that time the court may grant an extension of the period in 28
which the penalty may be paid. If the penalty is not paid on or 29
before the time established for payment, the court may proceed to 30
collect the penalty in the same manner as other civil judgments and 31
may notify the prosecuting authority of the failure to pay.32
(b) A person may request a payment plan at any time for the 33
payment of any monetary penalty, fee, cost, assessment, or other 34
monetary obligation associated with an infraction.35
(i) Mandatory. If the court determines that the person does not 36
have the ability to pay the monetary obligation in full, the person 37
has not previously been granted a payment plan for the same monetary 38
obligation, and the court has not authorized its collections agency 39
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to take civil legal enforcement action, the court shall enter into a 1
payment plan with the individual. 2
(ii) Discretionary. Where the court has authorized its 3
collections agency to take civil legal enforcement action, the court 4
may, at its discretion, enter into a payment plan.5
(4) The court may also order a person found to have committed a 6
civil infraction to make restitution. 7
NEW SECTION. Sec. 5. RCW 2.56.190 (Legal financial obligations— 8
Collection— Distribution of funds) and 2003 c 379 s 21 are each 9
repealed.10
Sec. 6. RCW 7.105.105 and 2025 c 122 s 1 are each amended to 11
read as follows: 12
The following apply to all petitions for protection orders under 13
this chapter. 14
(1)(a) County clerks on behalf of all superior courts and, by 15
January 1, ((2026)) 2028, all courts of limited jurisdiction, must 16
permit petitions for protection orders and all other filings in 17
connection with the petition to be submitted as preferred by the 18
petitioner either: (i) In person; (ii) remotely through an electronic 19
submission process; or (iii) by mail for persons who are incarcerated 20
or who are otherwise unable to file in person or remotely through an 21
electronic system. The court or clerk must make available 22
electronically to judicial officers any protection orders filed 23
within the state. Judicial officers may not be charged for access to 24
such documents. The electronic submission system must allow for 25
petitions for protection orders and supportive documents to be 26
submitted at any time of the day. When a petition and supporting 27
documents for a protection order are submitted to the clerk after 28
business hours, they must be processed as soon as possible on the 29
next judicial day. Petitioners and respondents should not incur 30
additional charges for electronic submission for petitions and 31
documents filed pursuant to this section. 32
(b) All superior courts' systems and, by January 1, ((2026)) 33
2028, all limited jurisdiction courts' systems, should allow for the 34
petitioner to electronically track the progress of the petition for a 35
protection order. Notification from the court or clerk may be 36
provided by text messaging or email, and should provide reminders of 37
court appearances and alert the petitioner when the following occur: 38
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(i) The petition has been processed and is under review by a judicial 1
officer; (ii) the order has been signed; (iii) the order has been 2
transmitted to law enforcement for entry into the Washington crime 3
information center system; (iv) proof of service upon the respondent 4
has been filed with the court or clerk; (v) a receipt for the 5
surrender of firearms has been filed with the court or clerk; (vi) 6
the respondent has filed a motion for the release of surrendered 7
firearms; and (vii) 90 days before the expiration of the order. 8
Respondents, once served, should be able to sign up for similar 9
electronic notification. Petitioners and respondents should not be 10
charged for electronic notification. 11
(2) The petition must be accompanied by a confidential document 12
to be used by courts, law enforcement, and prosecutors' offices to 13
fully identify the parties; serve the respondent; enable notification 14
of victims or protected persons; or otherwise fulfill the 15
identification, service, enforcement, and notification requirements 16
of chapter 9.41, 36.28A, or 2.56 RCW or this chapter. This record 17
will be exempt from public disclosure at all times, and restricted 18
access to this form is governed by general rule 22 provisions 19
governing access to the confidential information form. If the 20
confidential information form is wrongfully disclosed, the court 21
shall issue a protective order on the court's own initiative, or upon 22
notice of the disclosure, and if necessary, order sealing under 23
applicable law. The petitioner is required to fill out the 24
confidential party information form to the petitioner's fullest 25
ability. The respondent should be provided a blank confidential party 26
information form at the time of service, and when the respondent 27
first appears, the respondent must confirm with the court the 28
respondent's identifying and current contact information, including 29
electronic means of contact, and file this with the court.30
(3) A petition must be accompanied by a declaration signed under 31
penalty of perjury stating the specific facts and circumstances for 32
which relief is sought. Parties, attorneys, and witnesses may 33
electronically sign sworn statements in all filings.34
(4) The petitioner and the respondent must disclose the existence 35
of any other litigation or of any other restraining, protection, or 36
no-contact orders between the parties, to the extent that such 37
information is known by the petitioner and the respondent. To the 38
extent possible, the court shall take judicial notice of any existing 39
restraining, protection, or no-contact orders between the parties 40
p. 6 HB 2178
before entering a protection order. The court shall not include 1
provisions in a protection order that would allow the respondent to 2
engage in conduct that is prohibited by another restraining, 3
protection, or no-contact order between the parties that was entered 4
in a different proceeding. The obligation to disclose the existence 5
of any other litigation includes, but is not limited to, the 6
existence of any other litigation concerning the custody or 7
residential placement of a child of the parties as set forth in RCW 8
26.27.281. The court administrator shall verify for the court the 9
terms of any existing protection order governing the parties.10
(5) The petition may be made regardless of whether or not there 11
is a pending lawsuit, complaint, petition, or other action between 12
the parties, except in cases where the court has realigned the 13
parties in accordance with RCW 7.105.210. 14
(6) Relief under this chapter must not be denied or delayed on 15
the grounds that the relief is available in another action. The court 16
shall not defer acting on a petition for a protection order nor grant 17
a petitioner less than the full relief that the petitioner is 18
otherwise entitled to under this chapter because there is, or could 19
be, another proceeding involving the parties including, but not 20
limited to, any potential or pending family law matter or criminal 21
matter. 22
(7) A person's right to petition for relief under this chapter is 23
not affected by the person leaving his or her residence or household.24
(8) A petitioner is not required to post a bond to obtain relief 25
in any proceeding for a protection order. 26
(9)(a) No fees for service of process may be charged by a court 27
or any public agency to petitioners seeking relief under this 28
chapter. Except as provided in (b) of this subsection, courts may not 29
charge petitioners any fees or surcharges the payment of which is a 30
condition precedent to the petitioner's ability to secure access to 31
relief under this chapter. Petitioners shall be provided the 32
necessary number of certified copies, forms, and instructional 33
brochures free of charge, including a copy of the service packet that 34
consists of all documents that are being served on the respondent. A 35
respondent who is served electronically with a protection order shall 36
be provided a certified copy of the order free of charge upon 37
request. 38
(b) A filing fee may be charged for a petition for an 39
antiharassment protection order except as follows:40
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(i) No filing fee may be charged to a petitioner seeking an 1
antiharassment protection order against a person who has engaged in 2
acts of stalking as defined in RCW 9A.46.110, a hate crime under RCW 3
9A.36.080(1)(c), or a single act of violence or threat of violence 4
under RCW 7.105.010(37)(b), or from a person who has engaged in 5
nonconsensual sexual conduct or penetration or conduct that would 6
constitute a sex offense as defined in RCW 9A.44.128, or from a 7
person who is a family or household member or intimate partner who 8
has engaged in conduct that would constitute domestic violence; and9
(ii) The court shall waive the filing fee if the court determines 10
the petitioner is not able to pay the costs of filing.11
(10) If the petition states that disclosure of the petitioner's 12
address or other identifying location information would risk harm to 13
the petitioner or any member of the petitioner's family or household, 14
that address may be omitted from all documents filed with the court. 15
If the petitioner has not disclosed an address under this subsection, 16
the petitioner shall designate an alternative address or email 17
address at which the respondent may serve the petitioner.18
(11) Subject to the availability of amounts appropriated for this 19
specific purpose, or as provided through alternative sources 20
including, but not limited to, grants, local funding, or pro bono 21
means, if the court deems it necessary, the court may appoint a 22
guardian ad litem for a petitioner or a respondent who is under 18 23
years of age and who is not represented by counsel. If a guardian ad 24
litem is appointed by the court for either or both parties, neither 25
the petitioner nor the respondent shall be required by the court to 26
pay any costs associated with the appointment. 27
(12) If a petitioner has requested an ex parte temporary 28
protection order, because these are often emergent situations, the 29
court shall prioritize review, either entering an order without a 30
hearing or scheduling and holding an ex parte hearing in person, by 31
telephone, by video, or by other electronic means on the day the 32
petition is filed if possible. Otherwise, it must be heard no later 33
than the following judicial day. The clerk shall ensure that the 34
request for an ex parte temporary protection order is presented 35
timely to a judicial officer, and signed orders will be returned 36
promptly to the clerk for entry and to the petitioner as specified in 37
this section. 38
(13) Courts shall not require a petitioner to file duplicative 39
forms. 40
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(14) The Indian child welfare act applies in the following 1
manner. 2
(a) In a proceeding under this chapter where the petitioner seeks 3
to protect a minor and the petitioner is not the minor's parent as 4
defined by RCW 13.38.040, the petition must contain a statement 5
alleging whether the minor is or may be an Indian child as defined in 6
RCW 13.38.040. If the minor is an Indian child, chapter 13.38 RCW and 7
the federal Indian child welfare act, 25 U.S.C. Sec. 1901 et seq., 8
shall apply. A party should allege in the petition if these laws have 9
been satisfied in a prior proceeding and identify the proceeding.10
(b) Every order entered in any proceeding under this chapter 11
where the petitioner is not a parent of the minor or minors protected 12
by the order must contain a finding that the federal Indian child 13
welfare act or chapter 13.38 RCW does or does not apply, or if there 14
is insufficient information to make a determination, the court must 15
make a finding that a determination must be made before a full 16
protection order may be entered. If there is reason to know the child 17
is an Indian child, but the court does not have sufficient evidence 18
to determine that the child is or is not an Indian child, 25 C.F.R. 19
Sec. 23.107 (b) applies. Where there is a finding that the federal 20
Indian child welfare act or chapter 13.38 RCW does apply, the order 21
must also contain a finding that all notice, evidentiary 22
requirements, and placement preferences under the federal Indian 23
child welfare act and chapter 13.38 RCW have been satisfied, or a 24
finding that removal or placement of the child is necessary to 25
prevent imminent physical damage or harm to the child pursuant to 25 26
U.S.C. Sec. 1922 and RCW 13.38.140. Where there is a finding that the 27
federal Indian child welfare act or chapter 13.38 RCW does not apply, 28
the order must also contain a finding as to why there is no reason to 29
know the child may be an Indian child. 30
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