Wash. Rev. Code » Title 4 · Chapter 4.12
Revised Code of Washington

Wash. Rev. Code § 4.12.090 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
(1) When an order is made transferring an action or proceeding for trial, the clerk of the court must transmit the pleadings and papers therein to the court to which it is transferred and charge a fee as provided in RCW 36.18.016. The costs and fees thereof and of filing the papers anew must be paid by the party at whose instance the order was made, except in the cases mentioned in RCW 4.12.030(1), in which case the plaintiff shall pay costs of transfer and, in addition thereto, if the court finds that the plaintiff could have determined the county of proper venue with reasonable diligence, it shall order the plaintiff to pay the reasonable attorney's fee of the defendant for the changing of venue to the proper county. The court to which an action or proceeding is transferred has and exercises over the same the like jurisdiction as if it had been originally commenced therein.
(2) In acting on any motion for dismissal without prejudice in a case where a motion for change of venue under subsection (1) of this section has been made, the court shall, if it determines the motion for change of venue proper, determine the amount of attorney's fee properly to be awarded to defendant and, if the action be dismissed, the attorney's fee shall be a setoff against any claim subsequently brought on the same cause of action.
[ 2005 c 457 s 11; 1969 ex.s. c 144 s 1; Code 1881 s 54; 1877 p 12 s 55; 1875 p 7 s 10; 1869 p 14 ss 55, 56; RRS s 215.]

Notes:

Intent—2005 c 457: See note following RCW 43.08.250.
Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1963–2026 · leading case: Five Corners Fam. Farmers v. State, 268 P.3d 892 (Wash. 2011).
Sort: Relevance Newest Treatment
Five Corners Fam. Farmers v. State, 268 P.3d 892 (Wash. 2011). · cites it 5× “Thurston County Superior Court granted Easterday’s motion to change venue to Franklin County but denied Easterday’s request for attorney fees pursuant to RCW 4.12.090. ¶4 Franklin County Superior Court allowed multiple agricultural organizations to intervene as defendants.”
Keystone Masonry, Inc. v. GARCO CONST., 147 P.3d 610 (Wash. Ct. App. 2006). · cites it 7× “Because the forum selection clause in Garco's subcontract with Keystone set venue for such a lawsuit in Spokane County, we reverse and grant to Garco and Travelers attorney fees and costs under RCW 4.12.090 and RAP 18.1. FACTS ¶ 2 Garco was the general contractor for the…”
Keystone Masonry, Inc. v. Garco Constr., Inc., 135 Wash. App. 927 (Wash. Ct. App. 2006). · cites it 6× “Because the forum selection clause in Garco’s subcontract with Keystone set venue for such a lawsuit in Spokane County, we reverse and grant to Garco and Travelers attorney fees and costs under RCW 4.12.090 and RAP 18.1. FACTS ¶2 Garco was the general contractor for the…”
Ralph v. Weyerhaeuser Co., 386 P.3d 721 (Wash. 2016). · cites it 3× “RCW 4.12.090(1). ¶37 It is thus unclear at best whether the trial court considered discretionary transfer for the convenience of the *344 witnesses.”
Shoop v. Kittitas Cnty., 65 P.3d 1194 (Wash. 2003). “; see also RCW 4.12.090 (1941) (providing that the superior court of the county to which the action is transferred exercises “over the same the like jurisdiction as if it had been originally commenced therein”).”
Young v. Clark, 65 P.3d 1192 (Wash. 2003). “; see also RCW 4.12.090 (1941) (providing that the superior court of the county to which the action is transferred exercises "over the same the like jurisdiction as if it had been originally commenced therein").”
Young v. Clark, 149 Wash. 2d 130 (Wash. 2003). “; see also RCW 4.12.090(1) (providing that the superior court of the county to which the action is transferred exercises “over the same the like jurisdiction as if it had been originally commenced therein”).”
Shoop v. Kittitas Cnty., 65 P.3d 1194 (Wash. 2003). “; see also RCW 4.12.090 (1941) (providing that the superior court of the county to which the action is transferred exercises "over the same the like jurisdiction as if it had been originally commenced therein.”
Moore v. Flateau, 225 P.3d 361 (Wash. Ct. App. 2010). · cites it 3× “The court then went on to award attorney fees under RCW 4.12.090, concluding that the plaintiff could have determined with reasonable diligence that Spokane County was the proper venue.”
Shelton v. Farkas, 635 P.2d 1109 (Wash. Ct. App. 1981). · cites it 3× “See RCW 4.12.090. The action was transferred to Kittitas County where he filed another motion for summary judgment.”
In Re Marriage of Obaidi & Qayoum, 226 P.3d 787 (Wash. Ct. App. 2010). “Although the trial court's method is not completely transparent, we cannot say that the court abused its discretion in setting attorney fees. ¶ 29 Based on Mr.”
Wachovia SBA Lending v. Kraft, 158 P.3d 1271 (Wash. Ct. App. 2007). “3d 610 (2006) (attorney fees on change of venue under RCW 4.12.090). ATTORNEY FEES ¶ 10 For RCW 4.”
Show all 19 citing cases →
— Wash. Rev. Code § 4.12.090(1) — 9 cases
Keystone Masonry, Inc. v. GARCO CONST., 147 P.3d 610 (Wash. Ct. App. 2006). “Because the forum selection clause in Garco's subcontract with Keystone set venue for such a lawsuit in Spokane County, we reverse and grant to Garco and Travelers attorney fees and costs under RCW 4.12.090 and RAP 18.1. FACTS ¶ 2 Garco was the general contractor for the…”
Ralph v. Weyerhaeuser Co., 386 P.3d 721 (Wash. 2016). “RCW 4.12.090(1). ¶37 It is thus unclear at best whether the trial court considered discretionary transfer for the convenience of the *344 witnesses.”
Young v. Clark, 149 Wash. 2d 130 (Wash. 2003). “; see also RCW 4.12.090(1) (providing that the superior court of the county to which the action is transferred exercises “over the same the like jurisdiction as if it had been originally commenced therein”).”
Keystone Masonry, Inc. v. Garco Constr., Inc., 135 Wash. App. 927 (Wash. Ct. App. 2006). “Because the forum selection clause in Garco’s subcontract with Keystone set venue for such a lawsuit in Spokane County, we reverse and grant to Garco and Travelers attorney fees and costs under RCW 4.12.090 and RAP 18.1. FACTS ¶2 Garco was the general contractor for the…”
Moore v. Flateau, 225 P.3d 361 (Wash. Ct. App. 2010). “The court then went on to award attorney fees under RCW 4.12.090, concluding that the plaintiff could have determined with reasonable diligence that Spokane County was the proper venue.”
— Wash. Rev. Code § 4.12.090(2) — 2 cases
Keystone Masonry, Inc. v. GARCO CONST., 147 P.3d 610 (Wash. Ct. App. 2006). “Because the forum selection clause in Garco's subcontract with Keystone set venue for such a lawsuit in Spokane County, we reverse and grant to Garco and Travelers attorney fees and costs under RCW 4.12.090 and RAP 18.1. FACTS ¶ 2 Garco was the general contractor for the…”
Keystone Masonry, Inc. v. Garco Constr., Inc., 135 Wash. App. 927 (Wash. Ct. App. 2006). “Because the forum selection clause in Garco’s subcontract with Keystone set venue for such a lawsuit in Spokane County, we reverse and grant to Garco and Travelers attorney fees and costs under RCW 4.12.090 and RAP 18.1. FACTS ¶2 Garco was the general contractor for the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.