Wash. Rev. Code » Title 4 · Chapter 4.44
Revised Code of Washington

Wash. Rev. Code § 4.44.340 (2026)

Effect of discharge of jury

✓ current as of May 2026
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In all cases where a jury are discharged or prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial or after the cause is submitted to them, the action shall thereafter be for trial anew.
[ 1891 c 60 s 2; Code 1881 s 234; 1877 p 49 s 238; 1869 p 58 s 238; RRS s 354.]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1976–2025 · leading case: Hollmann v. Corcoran, 949 P.2d 386 (Wash. Ct. App. 1997).
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Hollmann v. Corcoran, 949 P.2d 386 (Wash. Ct. App. 1997). “Pursuant to RCW 4.44.340, the hung jury resulted in a mistrial.”
State v. Edwards, 552 P.2d 1095 (Wash. Ct. App. 1976). “Defendant maintains we must strictly construe RCW 4.44.340, which provides: In all cases where a jury are discharged or prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial or after the cause is submitted to them, the action…”
Chau v. City of Seattle, 802 P.2d 822 (Wash. Ct. App. 1991). “Irrespective of who prevails in this appeal, the case will be *122 retried at least on the liability issues.”
State of Washington v. Karrlee Theresa Clements, 423 P.3d 253 (Wash. Ct. App. 2018). “3407 as a function of what happens, not what is said: 7 RCW 4.44.340 provides: In all cases where a jury are discharged or prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial or after the cause is submitted to them, the action…”
Dana & Ariana Provencher, V. Pierce Cnty. & Shane E. Eppens (Wash. Ct. App. 2025). · cites it 2× “The statute says, In all cases where a jury are discharged or prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial or after the cause is submitted to them, the action shall thereafter be for trial anew.”
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