LexisNexis® Washington Practice Guide Series The series created for Washington litigators by Washington litigators.

Uncover new perspectives to gain an edge. Cross references, timesaving checklists and specific examples

help you save time, stay efficient and discover essential issues.

Keep your case on track and prevent pitfalls. Practice-tested forms, real-world tips, insightful warnings and

strategic points help you keep your case on track and one step

ahead of opposing counsel.

See the full picture and critical next steps. The organization of the Practice Guides reflects the usual

chronological progression and logic of Washington practice,

with an intuitive, task-oriented approach.

Available at Lexis Advance®, in eBook and softbound formats.

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LexisNexis® Practice Guide: Washington Trial and Post-Trial Civil ProcedureJudge John P. Erlick, Vanessa Soriano Power With additional reviewers and contributing authors: Karin Jones, Jamila Johnson, Paul Graves, Gloria Hong, Vanessa Firnhaber Oslund, Christopher Howard

This publication provides practical, step-by-step guidance on all phases of trial and post-trial civil procedure in Washington superior courts, including post-trial motions, up to the point of appeal. Key features include coverage of local rules in addition to Washington statutes, rules, cases; and dozens of forms, including those related to jurors and witnesses, trial motions and more.

1 volume, softbound, replaced annually, Pub. #01773

LexisNexis® Practice Guide: Washington Civil DiscoveryParis K. Kallas, Kathleen M. O’SullivanWith additional reviewers and contributing authors: Janna J. Annest, Scott M. Ellerby, Sher Kung, Karin D. Jones, Nick Manheim, Eric W. Robinson, Luke Rona

This publication covers all aspects of civil discovery practice in Washington superior courts. Each chapter contains background analysis, forms, practice tips and pointers from practitioners and procedural checklists. The publication also incorporates Washington statutes, rules, cases and as appropriate, local procedures and forms.

1 volume, softbound, replaced annually, Pub. #01746

CIVIL PROCEDURE COLLECTION

TABLE OF CONTENTS

Ch. 1 Discovery PlanningCh. 2 Scope of Discovery, Privileges and

Work Product ProtectionCh. 3 Requests for Production

and InspectionCh. 4 InterrogatoriesCh. 5 Requests for AdmissionCh. 6 DepositionsCh. 7 Perpetuation of Testimony

Ch. 8 Physical and Mental ExaminationsCh. 9 Discovery of ExpertsCh. 10 Nonparty Discovery—SubpoenasCh. 11 Protective OrdersCh. 12 Motions to CompelCh. 13 Discovery Sanctions Table of Cases Table of Statutes Index

TABLE OF CONTENTS

Ch. 1 Preparing for TrialCh. 2 Public Access to Trial and RecordsCh. 3 Bench TrialsCh. 4 Jury TrialsCh. 5 Compelling Witness Attendance

and Handling WitnessesCh. 6 InterpretersCh. 7 Burden of Proof and PersuasionCh. 8 Opening StatementCh. 9 Questioning Witnesses and

Objections

Ch. 10 Expert WitnessesCh. 11 Motions During TrialCh. 12 ContemptCh. 13 Closing ArgumentCh. 14 Judgments and VerdictsCh. 15 Attorney’s Fees and CostsCh. 16 Postjudgment Relief Table of Cases Table of Statutes Index

TABLE OF CONTENTS

Ch. 1 Commencing the ActionCh. 2 Parties and CapacityCh. 3 Personal JurisdictionCh. 4 Subject Matter JurisdictionCh. 5 Forum and VenueCh. 6 ComplaintsCh. 7 Serving Summons and ComplaintCh. 8 Statutes of LimitationCh. 9 Appearance and DefaultCh. 10 AnswersCh. 11 DefensesCh. 12 Counterclaims and Cross-ClaimsCh. 13 Amended and Supplemental Plead-

ingsCh. 14 Service of PapersCh. 15 Date of Trial and Judge AssignmentCh. 16 Jury DemandCh. 17 Motion PracticeCh. 18 Disqualifying the JudgeCh. 19 Class ActionsCh. 20 Derivative Actions

Ch. 21 Removal to Federal CourtCh. 22 Temporary Restraining Orders and

Preliminary InjunctionsCh. 23 Case Management and Pretrial

ConferenceCh. 24 Reference to RefereeCh. 25 StipulationsCh. 26 AttachmentCh. 27 Continuances and StaysCh. 28 Consolidation, Severance, and

Separate TrialCh. 29 SanctionsCh. 30 Motions to ReconsiderCh. 31 Mandatory and Contractual Arbitra-

tionCh. 32 ADR, Settlement, and ReleaseCh. 33 Summary JudgmentCh. 34 Declaratory JudgmentCh. 35 Voluntary and Involuntary Dismissal Table of Cases Table of Statutes Index

LexisNexis® Practice Guide: Washington Pretrial Civil ProcedureParis K. Kallas, Kathleen M. O’SullivanWith additional reviewers and contributing authors: Karin Jones, Jamila Johnson, Paul Graves, Gloria Hong, Vanessa Firnhaber Oslund

This two-volume reference covers the gamut of pretrial civil procedure in Washington superior courts from pretrial planning up through summary judgment and preparing for trial. Washington practitioners provide background analysis, forms, and practice tips and pointers in each chapter. Washington statutes, rules, cases, and selected local procedures and forms are incorporated into the title as appropriate.

2 volumes, softbound, replaced annually, Pub. #01738

TABLE OF CONTENTS

Ch. 1 Determining Applicable LawCh. 2 Interpretation and Construction of

Contracts in WashingtonCh. 3 Suing on and Defending Against an

Action for Breach of ContractCh. 4 Determining Whether to Arbitrate or

LitigateCh. 5 Determining What Causes of Action

ExistCh. 6 Effecting Modification and WaiverCh. 7 Seeking or Opposing Equitable

Remedies in Contract Actions

Ch. 8 Using or Opposing Provisional Remedies in Contract Actions

Ch. 9 Seeking or Opposing Declaratory Relief in Contract Matters

Ch. 10 Establishing Breach of Duty of Good Faith and Fair Dealing

Ch. 11 Understanding the Uniform Commercial Code

Ch. 12 Recovering Attorneys’ Fees and Costs in Contract Litigation

Index

LexisNexis® Practice Guide: Washington Criminal LawLinda S. Portnoy, Lisa M. Leone

This comprehensive practice guide covers both felony and misdemeanor state practice and was written with defense, prosecution and judges in mind. It contains the essentials for trial practice with a focus on the most authoritative and current state and federal caselaw, rules and statutes. Numerous forms and checklists are included.

1 volume, softbound, replaced annually, Pub. #82742

TABLE OF CONTENTS

Ch. 1 The Role And Authority Of The Prosecutor

Ch. 2 Representing The AccusedCh. 3 Jurisdiction And Venue Ch. 4 Accomplice Liability And

Inchoate Crimes Ch. 5 Charging The Offense Ch. 6 Preliminary Appearance,

Arraignment And Speedy Trial Ch. 7 Bail And Pretrial Release Ch. 8 Right To Counsel And Expert

Services Ch. 9 Discovery Ch. 10 Pretrial DispositionsCh. 11 Pleas Ch. 12 Joinder And Severance Ch. 13 Asserting A Defense At Trial –

Affirmative And Negating Defenses

Ch. 14 Competency, Insanity And Diminished Capacity

Ch. 15 Lawful Use Of Force And Other Defenses

Ch. 16 Pretrial Motions To DismissCh. 17 Pretrial Motions To Suppress

Statements And Evidence Under Crr 3.5 And Crr 3.6

Ch. 18 Judicial Disqualification Ch. 19 Right To Trial By Jury And Public

Trial Rights Ch. 20 Prosecutorial Misconduct Ch. 21 Selected Trial And Post-Verdict

Motions Ch. 22 Jury Selection And Instructions Ch. 23 Felony Sentencing Ch. 24 Sentencing And Probation In Courts

Of Limited Jurisdiction Ch. 25 Rights Of Crime

LexisNexis® Practice Guide: Washington Contract LitigationRobert J. Guite, Stephen C. Willey

With contributing authors: Matthew Carvalho, Sarah Gohmann Bigelow, Gregory J. Hollon, Charles Huber, Margit Livingston, Toby Mathis, Laura Morse, Timothy Murray, Joshua B. Selig, Ryan Solomon, Dan Weiskopf

This publication covers basic principles of contract litigation in Washington, using a task-oriented structure and concise, straight-forward language to direct practitioners to the answers to their contract litigation questions. Includes checklists and sample forms as well as the Washington State version of UCC Article 2.

1 volume, softbound, replaced annually, Pub. #01788

LexisNexis® Practice Guide: Washington Family LawTara K. Richardson, Jamie Polito Johnston

With contributing authors and reviewers: Stacy D. Heard, Elizabeth A. Hershman-Greven, Jason C. Holloway, Rachel Luke, James C. McGuire, Alexandra Moore-Wulsin, Caleb M. Oken-Berg, Kathleen Royer, Kristilyn Reese, Laura Sell

This title offers concise explanations of each step in a family law case, transitioning smoothly from legal analysis to practical application of a point of law. The guide covers a wide range of topics related to Washington family law, including: divorce, spousal maintenance, child custody, same-sex relationships, and more.

1 volume, softbound, replaced annually, Pub. #01780

TABLE OF CONTENTS

Ch. 1 MarriageCh. 2 JurisdictionCh. 3 Dissolution of Marriage and

Legal SeparationCh. 4 Pretrial Procedure and DiscoveryCh. 5 Spousal MaintenanceCh. 6 Division of PropertyCh. 7 Child Support

Ch. 8 Parenting PlansCh. 9 PaternityCh. 10 AgreementsCh. 11 Same-Sex Dissolution IssuesCh. 12 Alternative Dispute ResolutionCh. 13 Attorney’s FeesCh. 14 Appellate ProcedureCh. 15 Enforcement of Orders

LexisNexis® Practice Guide: Washington Insurance LitigationFranklin CordellWith contributing authors: Geoffrey Bedell, Brent W. Beecher, Mary R. DeYoung, Misty Edmundson, Carl E. Forsberg, Stephanie L. Grassia, Charles A. Henty, Kasey Huebner, Justin S. Landreth, Peter J. Mintzer, Paul Rosner, Susannah Sharp, Steven Soha, Lind Stapley, Jonathan Toren, Bruce Winchell

This publication provides practical, step-by-step guidance on all phases of insurance litigation in Washington superior courts, including post-trial motions, up to the point of appeal. It gives a complete understanding of the key types of cases and considerations inherent in insurance litigation in Washington.

1 volume, softbound, replaced annually, Pub. #01775

TABLE OF CONTENTS

Ch. 1 Understanding InsuranceCh. 2 Formation, Renewal, and

Cancellation of Insurance PoliciesCh. 3 Evaluating the Liability Insurer’s

Duty to DefendCh. 4 The Insured’s DutiesCh. 5 Extracontractual Liability of InsurersCh. 6 Claims Implicating Multiple InsurersCh. 7 Excess and Umbrella Policies

Ch. 8 Insurance-Specific Issues in Coverage and Bad-Faith Litigation

Ch. 9 The Insurance Application and the Insurer’s Remedies for Misrepresentation

Ch. 10 Regulation of InsurersCh. 11 The Washington Insurance Guaranty

Association

Index

PRACTICE AREA COLLECTION

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PRACTICE AREA COLLECTION

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Washington Reports: Official Reports

LexisNexis publishes the official reports of the Washington Supreme Court and the Washington Court of Appeals, in advance sheet and bound volume form.

LexisNexis® Practice Guide: Washington Probate and Estate AdministrationKaren E. Boxx

This practice-oriented resource will assist attorneys in every step of the probate and estate administration process. This practice guide includes in-depth analysis of topics such as determining whether probate is necessary, identifying heirs and beneficiaries, creditors’ claims, and family protection.

1 volume, softbound, replaced annually, Pub. #02443

TABLE OF CONTENTS

Ch. 1 Preliminary StepsCh. 2 Opening ProbateCh. 3 Identification Of Heirs And

BeneficiariesCh. 4 Nonprobate AssetsCh. 5 Creditor ClaimsCh. 6 Property Collection And

Distribution

Ch. 7 Administration Without Nonintervention Powers

Ch. 8 Trust And Estate Dispute Resolution Act: General Procedures Governing All Actions Under Title 11

Ch. 9 Washington Estate TaxCh. 10 Family ProtectionCh. 11 Closing The EstateCh. 12 Professional Responsibility

LexisNexis® Practice Guide: Washington Real Estate LitigationThomas L. Dickson, Robert P. DicksonWith contributing authors: Sandra R. Bullington, Daniel J. Frohlich, Douglas S. MacGregor, Shad O. McOmber, Elizabeth Rankin Powell, Kevin T. SteinackerAdditional forms contributed by: Kenneth W. Hart, Abraham K. Lorber, Joseph E. Lynam

This guide provides an easily navigated—and understood—roadmap to the most prevalent real estate litigation topics that Washington attorneys may encounter. Find answers quickly in this concise one-volume practical guide, and avoid wasting time. Analysis, forms, practice tips and insights help you anticipate and address common problems in real estate litigation so the case can move forward expeditiously.

1 volume, softbound, replaced annually, Pub. #01797

TABLE OF CONTENTS

Ch. 1 The Land Use Petition Act (LUPA)—Litigation

Ch. 2 Construction Litigation Ch. 3 Real Estate Brokerage Litigation Ch. 4 Transfers of Real Property—

Litigation Ch. 5 Residential Landlord-Tenant

Litigation

Ch. 6 Commercial Landlord-Tenant Litigation

Ch. 7 Adverse Possession, Trespass, and Nuisance Litigation

Ch. 8 Easements LitigationCh. 9 Eminent Domain Ch. 10 Foreclosure

LexisNexis® Practice Guide: Washington Torts and Personal InjuryJeffrey M. Odom

This concise treatise explains the ins and outs of Washington personal injury law from both a procedural and substantive law aspect, with a step-by-step approach, in-depth explanations, and helpful practice tips and strategies. It distills the experience of a seasoned tort litigator to demystify the personal injury law litigation process. It offers targeted practical guidance for the Washington tort litigator to master the complexities of the Washington tort system, court rules and case law that govern this important evolving area.

1 volume, softbound, replaced annually, Pub. #01786

TABLE OF CONTENTS

Ch. 1 Initial Handling of Case Ch. 2 Intentional Torts and DefensesCh. 3 Negligence and Defenses Ch. 4 Motor Vehicle Negligence and

Defenses Ch. 5 Premises Liability and Defenses Ch. 6 Products Liability and Defenses Ch. 7 Medical Malpractice and DefensesCh. 8 Nursing Home, Elder Care,

Assisted Living, and Adult Family Care Actions

Ch. 9 Governmental Liability and Defenses Ch. 10 Toxic Torts Ch. 11 Maritime Claims Ch. 12 Consumer Actions and Defenses Ch. 13 Liability and Defenses in Special

Cases Ch. 14 Wrongful Death and Defenses Ch. 15 Special Considerations in Personal

Injury Cases Ch. 16 Damages

Index