Wash. Rev. Code » Title 4 · Chapter 4.40
Revised Code of Washington

Wash. Rev. Code § 4.40.060 (2026)

✓ current as of May 2026
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An issue of fact, in an action for the recovery of money only, or of specific real or personal property shall be tried by a jury, unless a jury is waived, as provided by law, or a reference ordered, as provided by statute relating to referees.
[ 1893 c 127 s 33; Code 1881 s 204; 1877 p 42 s 208; 1873 p 52 s 206; 1869 p 50 s 208; 1854 p 164 s 183; RRS s 314.]
Notes of Decisions
Cited in 11 cases, 1980–2015 · leading case: Green v. Hooper, 205 P.3d 134 (Wash. Ct. App. 2009).
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Green v. Hooper, 205 P.3d 134 (Wash. Ct. App. 2009). · cites it 2× “Additionally, the Hoopers argue that the right to a jury trial in this case has been expanded by statute, RCW 4.40.060. Accordingly, the Hoopers argue that they were denied their constitutional and statutory right to impanel a jury.”
Maziar v. Dep't of Corr., 327 P.3d 1251 (Wash. Ct. App. 2014). · cites it 6× “The State further alleged that it possessed the right to a jury trial in this matter, premising its assertion on article I, section 21 and RCW 4.40.060 and 4.44.090. 3 Although the State was correct that article I, section 21 applied to Maziar’s cause of action, conferring on…”
Auburn Mech., Inc. v. Lydig Constr., Inc., 951 P.2d 311 (Wash. Ct. App. 1998). · cites it 2× “Since there was no equitable claim before the court after withdrawal of the lien claim, there was no need for an exercise of discretion under Scavenius to determine whether the action was primarily legal or equitable.”
Davidson v. State, 802 P.2d 1374 (Wash. 1991). · cites it 2× “Plaintiffs rely on RCW 4.40.060, which provides that issues of fact in an action for recovery of specific real property shall be tried by a jury, and RCW 7.”
State Ex Rel. Dep't of Ecology v. Anderson, 620 P.2d 76 (Wash. 1980). · cites it 2× “RCW 4.40.060 provides that issues of fact in an action for recovery of money only shall be tried by a jury, and RCW 4.”
Knudsen v. Patton, 611 P.2d 1354 (Wash. Ct. App. 1980). “" 4 RCW 4.40.060, 4.40.070, 4.48.010. 5 CR 38(a) provides: "The right of trial by jury as declared by Article 1 § 21 of the Constitution or as given by a statute shall be preserved to the parties inviolate.”
Maziar v. Dep't of Corr., 349 P.3d 826 (Wash. 2015). “” RCW 4.40.060. Second, “[a] 11 questions of fact other than those mentioned in RCW 4.”
Green v. Hooper, 205 P.3d 134 (Wash. Ct. App. 2009). · cites it 2× “Additionally, the Hoopers argue that the right to a jury trial in this case has been expanded by statute, RCW 4.40.060. Accordingly, the Hoopers argue that they were denied their constitutional and statutory right to impanel a jury.”
Cost Mgmt. Servs., Inc. v. City of Lakewood, 284 P.3d 785 (Wash. Ct. App. 2012). “¶31 Under RCW 4.40.060, “[a]n issue of fact, in an action for the recovery of money only .”
Scott Maziar, Respondent/cross-app v. Dep't Of Corr., Appellant/cross-respondent (Wash. Ct. App. 2014). · cites it 5× “The State further alleged that it possessed the right to a jury trial in this matter, premising its assertion on article I, section 21 and RCW 4.40.060 and 4.44.090.3 Although the State was correct that article I, section 21 applied to Maziar's cause of action, conferring upon…”
Maziar v. Dep't of Corr. (Wash. 2015). “44.090. 1 Finally, "[a]ny party shall have the right in an action at law, upon an issue of fact, to demand a trial by jury.”
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