show cause hearing (Washington) · Go Syfert
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show cause hearing in Washington

184 Washington opinions name it 2 courts 1950–2026 41 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (25)

CaseFollowedCited
Leda v. Whisnandgreen
washctapp · 2009 · cited in 13 Washington opinions naming this issue, 2012–2025
2 sentences

2019Second, the Kobets misstate the requirements of RCW 59.18.380 when they assert that the commissioner erred by failing to swear in and examine Sergey Kobets at the show cause hearing The Kobets assert that the statute required the commissioner to examine Sergey Kobets under oath despite the fact that the Kobets never sought to have Sergey Kobets sworn in to testify at the hearing To the contrary, our decision in gte is clear that RCW 59.18.380 guarantees the opportunity to present evidence in support of viable defenses M, 150 Wn.

2019This ensures that a court can conduct a show cause hearing “in a sufficiently expeditious manner to accommodate its calendar while still preserving the defendant’s procedural rights.” Le_da, 150 Wn.

813
Randy Reynolds & Assocs., Inc. v. Harmongreen
wash · 2018 · cited in 13 Washington opinions naming this issue, 2023–2025
2 sentences

2025To obtain a writ of restitution, the “landlord must apply for an order for a show cause hearing.” Randy Reynolds, 193 Wn.2d at 157 .

2025App. 2d 248, 252-53, 491 P.3d 171 (2021) (explaining that after obtaining a writ of restitution, “the landlord is entitled to immediate possession of the property pending a final judgment”).5 “Whether or not the court issues a writ of restitution at the show cause hearing, if material factual issues exist, the court is required to enter an order directing the parties to proceed to trial on the complaint and answer.” Harmon, 193 Wn.2d at 157.

613
In re the Detention of Petersengreen
wash · 2002 · cited in 19 Washington opinions naming this issue, 2003–2023
2 sentences

2023At the show cause hearing, RCW 71.090(2)(a) establishes two ways for the trial court to determine that there is probable cause to proceed to an unconditional release trial: “(1) by deficiency in the proof submitted by the State, or (2) by sufficiency of proof by the [committed person].” In re Det. of Petersen, 145 Wn.2d 789, 798 , 42 P.3d 952 (2002).

2017Ed. 2d 694 (J. 983)). 9 In re Det. of Petersen, 145 Wn.2d 789, 796 , 42 P.3d 952 (2002) ('" [B]oth this court and the United States Supreme Court agree that the State must bear the burden of proof in involuntary civil commitment hearings, and, therefore, the trial court was correct in determining that due process requires that the burden of proof remain upon the State in the show cause hearing." (alteration in original) (quoting In re Det. of Turay, 139 Wn.2d 379, 424 , 986 P.2d 790 (J.999))). 15 In re Det. of Marcum (John), No. 92501-1 (Gordon McCloud, J., concurring) constitutionally require

519
Detention of Petersen v. Stategreen
wash · 2002 · cited in 18 Washington opinions naming this issue, 2003–2023
2 sentences

2023At the show cause hearing, RCW 71.090(2)(a) establishes two ways for the trial court to determine that there is probable cause to proceed to an unconditional release trial: “(1) by deficiency in the proof submitted by the State, or (2) by sufficiency of proof by the [committed person].” In re Det. of Petersen, 145 Wn.2d 789, 798 , 42 P.3d 952 (2002).

2017Ed. 2d 694 (J. 983)). 9 In re Det. of Petersen, 145 Wn.2d 789, 796 , 42 P.3d 952 (2002) ('" [B]oth this court and the United States Supreme Court agree that the State must bear the burden of proof in involuntary civil commitment hearings, and, therefore, the trial court was correct in determining that due process requires that the burden of proof remain upon the State in the show cause hearing." (alteration in original) (quoting In re Det. of Turay, 139 Wn.2d 379, 424 , 986 P.2d 790 (J.999))). 15 In re Det. of Marcum (John), No. 92501-1 (Gordon McCloud, J., concurring) constitutionally require

518
West v. Gregoiregreen
washctapp · 2014 · cited in 3 Washington opinions naming this issue, 2015–2016
2 sentences

2016West v. Gregoire, 184 Wn.

2016West v. Gregoire, 184 Wn.

33
Faciszewski v. Browngreen
wash · 2016 · cited in 11 Washington opinions naming this issue, 2017–2026
2 sentences

2025“A show cause hearing must be meaningful, as it is the first (and sometimes the only) step of the eviction process in 18 No. 40068-9-III HMD Enters., LLC v. Carter which the tenant is able to participate.” Faciszewski v. Brown, 187 Wn.2d 308, 321 , 386 P.3d 711 (2016).

2025“A show cause hearing must be meaningful, as it is the first (and sometimes the only) step of the eviction process in 18 No. 40068-9-III HMD Enters., LLC v. Carter which the tenant is able to participate.” Faciszewski v. Brown, 187 Wn.2d 308, 321 , 386 P.3d 711 (2016).

211
Indigo Real Estate Services, Inc. v. Wadsworthgreen
washctapp · 2012 · cited in 5 Washington opinions naming this issue, 2015–2021
2 sentences

2021Inc. v. Wadsworth, 169 Wn.

2016SMC 22.206.160(C)(l) (a court may issue an order evicting a residential tenant "only after the tenant has an opportunity in a show cause hearing to contest the eviction"). -7- Faciszewski, eta!. v. Brown, eta!., 92978-5 court may deny the landlord's motion and "enter an order directing the parties to proceed to trial." Id.

25
IBF, LLC v. Heuftgreen
washctapp · 2007 · cited in 2 Washington opinions naming this issue, 2024–2025
2 sentences

2025See IBF, LLC v. Heuft, 141 Wn.

2024See IBF, 141 Wn.

22
In re the Detention of M.W.green
wash · 2016 · cited in 2 Washington opinions naming this issue, 2017–2017
22
Rabon v. City of Seattlegreen
wash · 1998 · cited in 2 Washington opinions naming this issue, 2016–2016
22
Dean v. Fishing Co. of Alaska, Inc.green
wash · 2013 · cited in 2 Washington opinions naming this issue, 2016–2016
22
Stephen Faciszewski Et Al., Respondents, v. Michael R. Brown Et Al., Appellantsgreen
washctapp · 2016 · cited in 2 Washington opinions naming this issue, 2016–2016
22
Rabon v. City of Seattlegreen
wash · 1998 · cited in 2 Washington opinions naming this issue, 2016–2016
22
In re the Disciplinary Proceeding Against DeRuizgreen
wash · 2004 · cited in 2 Washington opinions naming this issue, 2009–2009
22
State v. Groppergreen
washctapp · 1995 · cited in 2 Washington opinions naming this issue, 2008–2008
22
In re the Dependency of A.K.green
wash · 2007 · cited in 2 Washington opinions naming this issue, 2008–2008
22
Stoulil v. Epsteingreen
washctapp · 2000 · cited in 2 Washington opinions naming this issue, 2004–2004
22
Carlstrom v. Hanlinegreen
washctapp · 2000 · cited in 24 Washington opinions naming this issue, 2005–2026
2 sentences

2025A show cause hearing is a summary proceeding where the superior court evaluates the evidence presented by the parties and decides “ ‘the issue of possession pending a lawsuit.’ ” Id. (quoting Carlstrom v. Hanline, 98 Wn.

2025A show cause hearing is a summary proceeding where the superior court evaluates the evidence presented by the parties and decides “ ‘the issue of possession pending a lawsuit.’ ” Id. (quoting Carlstrom v. Hanline, 98 Wn.

124
State v. McCuistiongreen
wash · 2012 · cited in 16 Washington opinions naming this issue, 2014–2023
2 sentences

2019In the setting of committed sexually violent predators, the court annually conducts a show cause hearing to determine whether the individual is entitled to an “evidentiary hearing.” State v. McCuistion, 174 Wn.2d 369, 380 , 275 P.3d 1092 (2012).

2019In the setting of committed sexually violent predators, the court annually conducts a show cause hearing to determine whether the individual is entitled to an “evidentiary hearing.” State v. McCuistion, 174 Wn.2d 369, 380 , 275 P.3d 1092 (2012).

116
In re the Detention of Ambersgreen
wash · 2007 · cited in 4 Washington opinions naming this issue, 2011–2015
2 sentences

2015In re Det. of Ambers, 160 Wn.2d at 557 (2007); In re Det. of Petersen, 145 Wn.2d 789, 799 , 42 P.3d 952 (2002).

2011RCW 71.09.090(3)(a), (c); In re Ambers, 160 Wash.2d at 548-49 , 158 P.3d 1144 . ¶ 10 It is only if a detainee petitions for release without DSHS authorization that a show cause hearing is required under RCW 71.09.090(2)(a).

14
Grieco v. Wilsongreen
wash · 2010 · cited in 3 Washington opinions naming this issue, 2010–2017
2 sentences

2017E.A.T.W., 168 Wn.2d at 348 (“The primary purpose of this threshold requirement for adequate cause ... is, among other things, to prevent a useless hearing.” (citing In re Marriage of Lemke, 120 Wn.

2010E.A.T.W., 168 Wash.2d at 348 , 227 P.3d 1284 .

13
Nichole Payton v. Samantha Nelsongreen
washctapp · 2023 · cited in 2 Washington opinions naming this issue, 2023–2024
12
Country Manor MHC, LLC v. Occupantgreen
washctapp · 2013 · cited in 2 Washington opinions naming this issue, 2021–2024
12
Sargent v. Seattle Police Dept.green
wash · 2013 · cited in 2 Washington opinions naming this issue, 2015–2017
12
Amie Garrand, V Robin P. Cornettgreen
washctapp · 2024 · cited in 1 Washington opinions naming this issue, 2024–2024
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (55)

CaseCitedYears
In re the Detention of Petersen green
wash · 1999
2 sentences

2021Peterson, 138 Wn.2d at 85-86 .

2008In re Det. of Petersen, 138 Wash.2d 70, 86 , 980 P.2d 1204 (1999). [7] Before and after May 2005, RCW 71.09.090(2)(c) contained language placing an evidentiary burden on an SVP: "If the court at the show cause hearing determines that either: (i) The state has failed to present prima facie evidence that the committed person continues to meet the definition of [an SVP] and that no proposed [LRA] is in the best interest of the person and conditions cannot be imposed that would adequately protect the community; or (ii) probable cause exists to believe that the person's condition has so changed tha

72002–2021
In Re Detention of Elmore green
wash · 2007
2 sentences

2020Michael McHatton cites In re Detention of Elmore, 162 Wn.2d 27, 37 , 168 P.3d 1285 (2007), a case in which the Washington Supreme Court ruled that the trial court improperly weighed evidence at the show cause hearing.

2015In In re Detention of Elmore, 162 Wn.2d 27, 39 , 168 P.3d 1285 (2007), our high court reversed the trial court’s denial of a full evidentiary hearing and remanded for the evidentiary hearing rather than another show cause hearing. ¶99 During my earlier review of the sexually violent predator statutes, I examined the burdens of proof that each side holds at a show cause hearing.

52008–2020
In re the Detention of Elmore green
wash · 2007
2 sentences

2020Michael McHatton cites In re Detention of Elmore, 162 Wn.2d 27, 37 , 168 P.3d 1285 (2007), a case in which the Washington Supreme Court ruled that the trial court improperly weighed evidence at the show cause hearing.

2015In In re Detention of Elmore, 162 Wn.2d 27, 39 , 168 P.3d 1285 (2007), our high court reversed the trial court’s denial of a full evidentiary hearing and remanded for the evidentiary hearing rather than another show cause hearing. ¶99 During my earlier review of the sexually violent predator statutes, I examined the burdens of proof that each side holds at a show cause hearing.

52008–2020
In re the Detention of Turay green
wash · 1999
2 sentences

2017Ed. 2d 694 (J. 983)). 9 In re Det. of Petersen, 145 Wn.2d 789, 796 , 42 P.3d 952 (2002) ('" [B]oth this court and the United States Supreme Court agree that the State must bear the burden of proof in involuntary civil commitment hearings, and, therefore, the trial court was correct in determining that due process requires that the burden of proof remain upon the State in the show cause hearing." (alteration in original) (quoting In re Det. of Turay, 139 Wn.2d 379, 424 , 986 P.2d 790 (J.999))). 15 In re Det. of Marcum (John), No. 92501-1 (Gordon McCloud, J., concurring) constitutionally require

2002Turay asked, for the first time, who bears the burden of proof at a former RCW 71.09.090(2) show cause hearing, and the Court clearly answered that the bearer of this burden is the State, not the prisoner. 3 The Court first recognized the precedent set by Foucha and Young, see Taray, 139 Wn.2d at 423-24 , and then unambiguously held: [B]oth this court and the United States Supreme Court agree that the State must bear the burden of proof in involuntary civil commitment hearings, and, therefore, the trial court was correct in determining that due process requires that the burden of proof remain

52002–2017
In Re Detention of Petersen green
wash · 1999
2 sentences

2011In re Det. of Petersen, 138 Wn.2d 70, 88-90 , 980 P.2d 1204 (1999).

2008In re Det. of Petersen, 138 Wash.2d 70, 86 , 980 P.2d 1204 (1999). [7] Before and after May 2005, RCW 71.09.090(2)(c) contained language placing an evidentiary burden on an SVP: "If the court at the show cause hearing determines that either: (i) The state has failed to present prima facie evidence that the committed person continues to meet the definition of [an SVP] and that no proposed [LRA] is in the best interest of the person and conditions cannot be imposed that would adequately protect the community; or (ii) probable cause exists to believe that the person's condition has so changed tha

52002–2011
Otis Housing Ass'n v. Ha green
wash · 2009
2 sentences

2025Notably, the court rejected the association’s argument that “it waived no rights because the show cause hearing in an unlawful detainer action is limited to resolving questions of possession and the judge lacked the authority to compel arbitration.” Id.

2013Id. at 585-86 .

42013–2025
Meadow Park Garden Associates v. Canley green
washctapp · 1989
2 sentences

2021App. 371, 374 , 773 P.2d 875 (1989). 4 No. 81547-4-I/5 But obtaining a writ of restitution at a show cause hearing “‘is not the final determination of the rights of the parties in an unlawful detainer action.’”10 And regardless of whether the landlord is successful in obtaining the writ of restitution, the statute permits the landlord to seek “other relief” as part of the unlawful detainer process, such as a final judgment for damages or termination of the tenant’s lease.11 The statute allows the landlord such “other relief” at the show cause hearing only “‘if it shall appear to the court that

2014But a decision on a party' s motion seeking a show cause hearing to determine the merits of the party' s claim is not appealable as a matter of right under RAP 2. 2( a). 10 Meadow Park Garden Assocs. v. Canley, 54 Wn.

42000–2021
Housing Authority v. Pleasant green
washctapp · 2005
2 sentences

2019Id.\ Pleasant, 126 Wn.

2012In Pleasant, we explained that, because “[t]he United States Housing Act requires that the tenancies be terminated only for ‘serious or repeated violation of the terms or conditions of the lease or for other good cause,’ ” the issue of whether these requirements are met cannot generally be summarily resolved at a show cause hearing. 126 Wn.

42012–2019
In Re Detention of Turay green
wash · 1999
2 sentences

2017Ed. 2d 694 (J. 983)). 9 In re Det. of Petersen, 145 Wn.2d 789, 796 , 42 P.3d 952 (2002) ('" [B]oth this court and the United States Supreme Court agree that the State must bear the burden of proof in involuntary civil commitment hearings, and, therefore, the trial court was correct in determining that due process requires that the burden of proof remain upon the State in the show cause hearing." (alteration in original) (quoting In re Det. of Turay, 139 Wn.2d 379, 424 , 986 P.2d 790 (J.999))). 15 In re Det. of Marcum (John), No. 92501-1 (Gordon McCloud, J., concurring) constitutionally require

2002Turay asked, for the first time, who bears the burden of proof at a former RCW 71.09.090(2) show cause hearing, and the Court clearly answered that the bearer of this burden is the State, not the prisoner. [3] The Court first recognized the precedent set by Foucha and Young, see Turay, 139 Wash.2d at 423 , 986 P.2d 790 , and then unambiguously held: [B]oth this court and the United States Supreme Court agree that the State must bear the burden of proof in involuntary civil commitment hearings, and, therefore, *957 the trial court was correct in determining that due process requires that the bu

42002–2017
In Re Detention of Ambers green
wash · 2007
2 sentences

2011RCW 71.09.090(3)(a), (c); In re Ambers, 160 Wash.2d at 548-49 , 158 P.3d 1144 . ¶ 10 It is only if a detainee petitions for release without DSHS authorization that a show cause hearing is required under RCW 71.09.090(2)(a).

2007Id. ¶ 8 At the show cause hearing, the trial court must determine whether the petitioner is entitled to a full hearing on the issue of unconditional release or transfer to an LRA.

42007–2012
Young v. State green
washctapp · 2004
2 sentences

2007Smith remained in custody. ¶10 In March 2004, this court decided the case of In re Detention of Young, 120 Wn.

2007Elmore contends that “[b]y accepting the opinion of the State’s expert concerning Elmore’s progress in treatment, the ‘trial court substituted its judgment for that of [the detainee’s] expert.’ ” Pet. for Review at 12 (quoting Young, 120 Wn.

42007–2007
Housing Authority v. Silva green
washctapp · 1999
2 sentences

2019Id.

2019Id.

32018–2019
State v. Jacobson neutral
washctapp · 2004
2 sentences

2018The trial court rejected Dr. Novick Brown's opinion because her "initial evaluation cites no facts that would support a finding that any change in Mr. Hegwald's condition has been brought about as the result of positive responses to continuing treatment."12 The trial court also found that Dr. Novick Brown's supplemental declaration "relies on the same data and facts as her evaluation, but 8 In re Det. of Elmore, 162 Wn. 2d 27, 37 , 168 P.3d 1285 (2007). 9 In re Det. of Jacobson, 120 Wn.

2010In re Det. of Jacobson, 120 Wn.

32010–2018
Christensen v. Ellsworth green
wash · 2007
2 sentences

2009Christensen v. Ellsworth, 162 Wash.2d 365, 372 , 173 P.3d 228 (2007). ¶ 28 A tenant who raises a viable legal defense, either in written submissions or during the show cause hearing, is entitled to testify in support of that defense.

2009Christensen v. Ellsworth, 162 Wn.2d 365, 372 , 173 P.3d 228 (2007). ¶28 A tenant who raises a viable legal defense, either in written submissions or during the show cause hearing, is entitled to testify in support of that defense.

32009–2016
Wood v. Thurston County green
washctapp · 2003
2 sentences

2016This court concluded that "Wood is not entitled to a trial on the factual issue the trial court resolved against him in the show cause hearing." 117 Wn.

2014Wood v. Thurston County, 117 Wn.

32014–2016
Fox v. DEPT. OF SOCIAL & HEALTH SERVICES green
washctapp · 2007
2 sentences

2012Id. ¶[12 Alternatively, if DSHS does not authorize such a petition, the court must set a show cause hearing unless the individual affirmatively waives the right to petition for unconditional discharge or conditional release to a less restrictive alternative.

2010App. 374, 398-400 , 158 P.3d 69 (2007), we determined that former RCW 71.09.090(4) did not violate due process because it did not prevent the petitioners from introducing actuarial or clinical data as evidence; instead, it prevented a finding of probable cause based solely on such evidence demonstrating a change in a single demographic factor. ¶32 Likewise, here the statute does not prevent McGary from introducing evidence of an erroneous paraphilia diagnosis at a show cause hearing; it prevents only a finding of probable cause based solely on evidence not constituting a change in mental condi

32010–2012
In Re Young red
washctapp · 2004
2 sentences

2007Id. at 760-61, 86 P.3d 810 .

2007Elmore contends that "[b]y accepting the opinion of the State's expert concerning Elmore's progress in treatment, the `trial court substituted its judgment for that of [the detainee's] expert.'" Pet. for Review at 12 (quoting Young, 120 Wash.App. at 759-60 , 86 P.3d 810 ).

32007–2007
In Re the Marriage of James green
washctapp · 1995
2 sentences

2025In re Marriage of James, 79 Wn.

2025James, 79 Wn.

22024–2025
In re the Detention of Anthony Rushton green
washctapp · 2015
22017–2023
State Of Washington, V Kevin S. Robinson green
washctapp · 2016
22017–2021
Srivastav v. United States green
scotus · 2013
22018–2018
In re the Personal Restraint of Meirhofer green
wash · 2015
22015–2018
Holt v. Holt green
wash · 2013
22017–2017
State v. Curry green
wash · 2000
21997–2016
Munro v. Irwin neutral
wash · 1931
22015–2015
Minnesota ex rel. Burleigh v. Johnson green
washctapp · 1982
22014–2014
M.J.H. v. L.L.H. green
washctapp · 2011
22013–2013
W.R.P. Lake Union Ltd. Partnership v. Exterior Services, Inc. green
washctapp · 1997
22011–2011
S.D. Deacon Corp. v. Gaston Bros. Excavating green
washctapp · 2009
22011–2011
In Re Disciplinary Proceeding Against Burtch green
wash · 1989
22009–2009
Christensen v. Ellsworth green
wash · 2007
22009–2009
Lake Washington School District No. 414 v. Mobile Modules Northwest, Inc. green
washctapp · 1980
22009–2009
In Re the Disciplinary Proceeding Against Clark green
wash · 1983
22009–2009
Bonamy v. City of Seattle green
washctapp · 1998
22009–2009
State v. Winthrop green
wash · 1928
22008–2008
National Cable & Telecommunications Ass'n v. Gulf Power Co. green
scotus · 2001
22007–2007
Hearst Corp. v. Hoppe green
wash · 1978
22007–2007
In Re the Marriage of Parks green
washctapp · 1987
22006–2006
John R. Hansen, Inc. v. Pacific International Corp. green
wash · 1969
22005–2005
Matter of Marriage of Irwin green
washctapp · 1992
22004–2004

Statutes the citing opinions construe

WA § Wash. Rev. Code § 59.18.380 (47) WA § Wash. Rev. Code § 71.09.090 (43) WA § Wash. Rev. Code § 71.09.070 (39) WA § Wash. Rev. Code § 59.18.290 (32) WA § Wash. Rev. Code § 59.18.370 (28) WA § Wash. Rev. Code § 71.09.020 (28) WA § Wash. Rev. Code § 2.06.040 (22) WA § Wash. Rev. Code § 59.12.030 (20) WA § Wash. Rev. Code § 71.09.060 (19) WA § Wash. Rev. Code § 59.18.650 (18) WA § Wash. Rev. Code § 59.18.410 (17) WA § Wash. Rev. Code § 71.09.010 (15)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WA 184 (1950–2026) TX 82 (1956–2026) OH 60 (1989–2026) NE 50 (2010–2026) MI 49 (1974–2025) VA 48 (1991–2026) MT 33 (1977–2024) OR 28 (1971–2026) CA 27 (1980–2025) MD 20 (1985–2024) MA 19 (1984–2024) LA 16 (1990–2021) FL 15 (1977–2025) ID 13 (1959–2024) CT 12 (1971–2022) DC 12 (1987–2012) NC 11 (1972–2025) IN 10 (1982–2018) KY 9 (1948–2025) TN 9 (1979–2018) UT 9 (1987–2016) RI 8 (1979–2022) CO 8 (2005–2026) NM 8 (1977–2021) HI 8 (1999–2024) MS 7 (1999–2026) MO 6 (1981–2020) GA 6 (2005–2026) OK 6 (1975–2013) NV 6 (1992–2026) IA 6 (1995–2018) AZ 5 (1982–2023) AR 5 (1996–2014) ME 5 (1985–2018) WY 4 (2013–2023) SD 4 (1981–1992) KS 3 (1983–1995) WI 3 (2004–2025) PA 2 (1984–2021) ND 2 (1984–1994) AK 2 (1981–2021) DE 2 (2019–2019) WV 2 (2004–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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