party waives claim (Washington) · Go Syfert
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party waives claim in Washington

12 Washington opinions name it 2 courts 2013–2025 1 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 (5)

CaseFollowedCited
In Re the Marriage of Steelegreen
washctapp · 1998 · cited in 7 Washington opinions naming this issue, 2013–2025
2 sentences

2013Stated differently, a party waives the claim oflack of personal jurisdiction by "consent[ing], expressly or impliedly, to the court's exercising jurisdiction." In re Marriage ofSteele, 90 Wn.

2013Stated differently, a party waives the claim of lack of personal jurisdiction by “consenting], expressly or impliedly, to the court’s exercising jurisdiction.” In re Marriage of Steele, 90 Wn.

17
Edwards v. Le Ducgreen
washctapp · 2010 · cited in 1 Washington opinions naming this issue, 2018–2018
1 sentence

2018App. at 672 . 8 Edwards v. Le Duc, 157 Wn.

11
Worden v. Smithgreen
washctapp · 2013 · cited in 1 Washington opinions naming this issue, 2016–2016
1 sentence

2016There, Division Three held that "a party waives the claim of lack of 16 CP at 318 (boldface omitted). 12 No. 73716-3-1/13 personal jurisdiction by 'consenting], expressly or impliedly, to the court's exercising jurisdiction.'" Worden. 178 Wn.

11
Cole v. HARVEYLAND, LLCgreen
washctapp · 2011 · cited in 1 Washington opinions naming this issue, 2013–2013
1 sentence

2013App. 388, 393 , 30 P.3d 529 (court has subject matter jurisdiction when it has authority "to adjudicate the type of controversy involved in the action"); see also Cole v. Harvevland LLC. 163 Wn.

11
Dress v. Department of Correctionsgreen
washctapp · 2012 · cited in 1 Washington opinions naming this issue, 2013–2013
1 sentence

2013The Supreme Court in Flint determined the 2007 statute was triggered based upon the date Corrections. 168 Wn.

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 (11)

CaseCitedYears
King v. Snohomish County green
wash · 2002
1 sentence

2025A defendant also waives the defense if “(1) assertion of the defense is inconsistent with [the] defendant’s prior behavior or (2) the defendant has been dilatory in asserting the defense.” King v. Snohomish County, 146 Wn.2d 420, 424 , 47 P.3d 563 (2002). 5 “A party does not waive a claim of lack of personal jurisdiction by not appearing, by failing to obtain a jurisdictional ruling before trial, or by complying with parts of a decree that the court had jurisdiction to enter.” Steele, 90 Wn.

12025–2025
Harvey v. Obermeit green
washctapp · 2011
1 sentence

2025However, a party waives the defense of insufficient service if they do not assert it in a “responsive pleading or motion under CR 12(b)(5).” Id. at 323 .

12025–2025
City of Seattle v. Gellein green
wash · 1989
1 sentence

2025However, a party waives a claim of lack of personal jurisdiction if it is not “pleaded in the answer or in a pretrial motion to dismiss.” Sutton v. Hirvonen, 113 Wn.2d 1, 5 , 775 P.2d 448 (1989); CR 12(b), (h)(1).

12025–2025
King v. Snohomish County green
wash · 2002
1 sentence

2025A defendant also waives the defense if “(1) assertion of the defense is inconsistent with [the] defendant’s prior behavior or (2) the defendant has been dilatory in asserting the defense.” King v. Snohomish County, 146 Wn.2d 420, 424 , 47 P.3d 563 (2002). 5 “A party does not waive a claim of lack of personal jurisdiction by not appearing, by failing to obtain a jurisdictional ruling before trial, or by complying with parts of a decree that the court had jurisdiction to enter.” Steele, 90 Wn.

12025–2025
Sutton v. Hirvonen green
wash · 1989
1 sentence

2025However, a party waives a claim of lack of personal jurisdiction if it is not “pleaded in the answer or in a pretrial motion to dismiss.” Sutton v. Hirvonen, 113 Wn.2d 1, 5 , 775 P.2d 448 (1989); CR 12(b), (h)(1).

12025–2025
Phipps v. Sasser green
wash · 1968
2 sentences

2020In Phipps v. Sasser, a personal injury case, we addressed when the privilege is waived, if not at filing. 74 Wn.2d 439, 445-46 , 445 P.2d 624 (1968).

2020In Phipps v. Sasser, a personal injury case, we addressed when the privilege is waived, if not at filing. 74 Wn.2d 439, 445-46 , 445 P.2d 624 (1968).

12020–2020
American Express Centurion Bank v. Stratman green
washctapp · 2012
1 sentence

2018CR 12(b)(6) provides that a party waives this defense by failing to raise it either in an 7 Stratman, 172 Wn.

12018–2018
In Re The Estate Of: Donald C. Muller green
washctapp · 2016
1 sentence

2017In re Muller, 197 Wn.

12017–2017
In Re the Marriage of Parks green
washctapp · 1987
1 sentence

2014In re Marriage ofParks, 48 Wn.

12014–2014
Shoop v. Kittitas County green
washctapp · 2001
1 sentence

2013App. 388, 393 , 30 P.3d 529 (court has subject matter jurisdiction when it has authority "to adjudicate the type of controversy involved in the action"); see also Cole v. Harvevland LLC. 163 Wn.

12013–2013
Shoop v. Kittitas County green
washctapp · 2001
1 sentence

2013App. 992, 997-98 , 957 P.2d 247 (1998) (a party waives the defense of lack of personal jurisdiction when he or she expressly or impliedly consents to the exercise of jurisdiction). 5 See Shoop v. Kittitas County, 108 Wn.

12013–2013

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (3)

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

TX 56 (1983–2025) OH 13 (1948–2017) WA 12 (2013–2025) GA 10 (1979–2024) MO 8 (1973–2024) NY 6 (1974–2016) IA 5 (1983–2020) CA 4 (2015–2025) MI 4 (2015–2021) CO 4 (2007–2024) AZ 4 (1993–2024) ND 3 (2025–2025) IN 3 (2013–2025) MN 2 (1967–2016) NH 2 (2011–2011) KS 2 (2009–2009) IL 2 (2007–2007) OR 2 (2025–2025) PA 2 (2023–2025) FL 2 (2010–2010)

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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