Wash. Rev. Code » Title 4 · Chapter 4.48
Revised Code of Washington

Wash. Rev. Code § 4.48.010 (2026)

✓ current as of May 2026
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The court shall order all or any of the issues in a civil action, whether of fact or law, or both, referred to a referee upon the written consent of the parties which is filed with the clerk. Any party shall have the right in an action at law, upon an issue of fact, to demand a trial by jury. No referee appointed under this chapter may preside over a jury trial. The written consent of the parties constitutes a waiver of the right of trial by jury by any party having the right.
[ 1984 c 258 s 512; Code 1881 s 248; 1854 p 168 s 206; RRS s 369. Formerly RCW 4.44.100, part, and 4.48.010.]

Notes:

Rules of court: Cf. CR 38(a).
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1962–2025 · leading case: Barnett v. Hicks, 829 P.2d 1087 (Wash. 1992).
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Barnett v. Hicks, 829 P.2d 1087 (Wash. 1992). · cites it 5× “010 (two or more parties may agree in writing to submit to arbitration); RCW 4.48.010 (written consent of parties required for a trial before a referee).”
Matter of Est. of Cooper, 913 P.2d 393 (Wash. Ct. App. 1996). · cites it 2× “53, (2) referees acting under RCW 4.48.010, or (3) deposing expert witnesses under CR 26(b)(5)(A).”
Maziar v. Dep't of Corr., 349 P.3d 826 (Wash. 2015). · cites it 2× “” RCW 4.48.010. This last provision was reenacted in its current form in 1984.”
Dean v. Firor, 681 P.2d 321 (Alaska 1984). “171 (West 1983); Wash. Rev. Code Ann. § 4.48.010 -.100. [12] See supra note 2, at 325.”
Tuschoff v. Westover, 375 P.2d 254 (Wash. 1962). “Former Part op Section: Code 1881 § 248 now in RCW 4.48.010.]” RCW 4.44.100. 6 “At any time after the issues of fact are completed in any case by the service of complaint and answer or reply when necessary, as herein provided, either party may cause the issues of fact to be…”
Est. Of Mildred G. Johnson (Wash. Ct. App. 2016). · cites it 6× “Second, the court noted that RCW 4.48.010 provides that parties may consent to the superior court’s referral of issues to a referee, but that the requisite procedures under that statute were not complied with.”
Land Home Fin. Servs., Inc., V. Stelis, Llc (Wash. Ct. App. 2025). “110 provides as follows: (1) Within twenty days after the conclusion of a trial before a referee appointed under RCW 4.48.010 . . . the referee shall mail to each party a copy of the referee’s proposed written report.”
Hu Yan, App/cr-resp. v. Pleasant Day Adult Fam. Home, Inc., Et Ano, Res/cr-app. (Wash. Ct. App. 2013). “Yin also cross appeals and argues that the trial court erred as a matter of law in limiting her CR 68 costs award to expenses allowed in RCW 4.48.010. I. Yin's Affirmative Defenses Yan argues that the trial court erred in denying his motion to dismiss Yin's empty chair and…”
Leroy Doppenberg v. Wa State Dept. Of L&i (Wash. Ct. App. 2015). “To the extent he argues that only those costs enumerated in RCW 4.48.010 are recoverable under the statute, this argument has been expressly rejected by our supreme court.”
Maziar v. Dep't of Corr. (Wash. 2015). “That conclusion is further supported by the fact that the legislature reenacted RCW 4.48.010 in 1984 to say, "Any 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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