Revised Code of Washington
Chapter 7.16 - Certiorari, Mandamus, and Prohibition.
7.16.210 - Questions of fact, how determined.

RCW 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 tried before a jury, and postpone the argument until such trial can be had, and the verdict certified to the court. The question to be tried must be distinctly stated in the order for trial, and the county must be designated in which the same shall be had. The order may also direct the jury to assess any damages which the appellant may have sustained, in case they find for him or her.

[ 2011 c 336 § 166; 1895 c 65 § 21; RRS § 1019.]

Structure Revised Code of Washington

Revised Code of Washington

Title 7 - Special Proceedings and Actions

Chapter 7.16 - Certiorari, Mandamus, and Prohibition.

7.16.010 - Parties, how designated.

7.16.020 - Judgment, motion, and order defined.

7.16.030 - Certiorari defined.

7.16.040 - Grounds for granting writ.

7.16.050 - Application for writ—Notice.

7.16.060 - Writ, to whom directed.

7.16.070 - Contents of writ.

7.16.080 - Stay of proceedings.

7.16.100 - Service of writ.

7.16.110 - Defective return—Further return—Hearing—Judgment.

7.16.120 - Questions involving merits to be determined.

7.16.130 - Copy of judgment to inferior tribunal, board, or officer.

7.16.140 - Judgment roll.

7.16.150 - Mandamus defined.

7.16.160 - Grounds for granting writ.

7.16.170 - Absence of remedy at law required—Affidavit.

7.16.180 - Alternative or peremptory writs—Form.

7.16.190 - Notice of application—No default.

7.16.200 - Answer.

7.16.210 - Questions of fact, how determined.

7.16.220 - Applicant may demur to answer or countervail it by proof.

7.16.230 - Motion for new trial, where made.

7.16.240 - Certification of verdict—Argument.

7.16.250 - Hearing.

7.16.260 - Judgment for damages and costs—Peremptory mandate.

7.16.270 - Service of writ.

7.16.280 - Enforcement of writ—Penalty.

7.16.290 - Prohibition defined.

7.16.300 - Grounds for granting writ—Affidavit.

7.16.310 - Alternative or peremptory writs—Form.

7.16.320 - Provisions relating to mandate applicable.

7.16.330 - When writs may be made returnable.

7.16.340 - Rules of practice.

7.16.350 - Appellate review.

7.16.360 - Inapplicability to action reviewable under Administrative Procedure Act or Land Use Petition Act.