Wash. Rev. Code » Title 4 · Chapter 4.56
Revised Code of Washington

Wash. Rev. Code § 4.56.120 (2026)

Judgment of dismissal or nonsuit, grounds, effect—Other judgments on merits

✓ current as of May 2026
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An action in the superior court may be dismissed by the court and a judgment of nonsuit rendered in the following cases:
(1) Upon the motion of the plaintiff, (a) when the case is to be or is being tried before a jury, at any time before the court announces its decision in favor of the defendant upon a challenge to the legal sufficiency of the evidence, or before the jury retire to consider their verdict, (b) when the action, whether for legal or equitable relief, is to be or is being tried before the court without a jury, at any time before the court has announced its decision: PROVIDED, That no action shall be dismissed upon the motion of the plaintiff, if the defendant has interposed a setoff as a defense, or seeks affirmative relief growing out of the same transaction, or sets up a counterclaim, either legal or equitable, to the specific property or thing which is the subject matter of the action.
(2) Upon the motion of either party, upon the written consent of the other.
(3) When the plaintiff fails to appear at the time of trial and the defendant appears and asks for a dismissal.
(4) Upon its own motion, when, upon the trial and before the final submission of the case, the plaintiff abandons it.
(5) Upon its own motion, on the refusal or neglect of the plaintiff to make the necessary parties defendants, after having been ordered so to do by the court.
(6) Upon the motion of some of the defendants, when there are others whom the plaintiff fails to prosecute with diligence.
(7) Upon its own motion, for disobedience of the plaintiff to an order of the court concerning the proceedings in the action.
(8) Upon the motion of the defendant, when, upon the trial, the plaintiff fails to prove some material fact or facts necessary to sustain his or her action, as alleged in his or her complaint. When judgment of nonsuit is given, the action is dismissed, but such judgment shall not have the effect to bar another action for the same cause. In every case, other than those mentioned in this section, the judgment shall be rendered upon the merits and shall bar another action for the same cause.
[ 2011 c 336 s 110; 1929 c 89 s 1; RRS ss 408, 409, 410. Formerly RCW 4.56.120, 4.56.130, and 4.56.140. Prior: Code 1881 ss 286, 287, 288; 1877 p 58 ss 290, 291, 292; 1869 p 69 ss 288, 289, 290; 1854 p 171 ss 223, 224.]

Notes:

Rules of court: Cf. CR 41(a), (b).
Notes of Decisions
Cited in 18 cases, 1952–2019 · leading case: Beritich v. Starlet Corp., 418 P.2d 762 (Wash. 1966).
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Beritich v. Starlet Corp., 418 P.2d 762 (Wash. 1966). · cites it 6× “The problem before us, then, is to resolve the apparent conflict between RCW 4.56.120 and Rule of Pleading, Practice and Procedure 41.”
League of Women Voters v. King Cnty. Records, Elections & Licensing Servs. Div., 135 P.3d 985 (Wash. Ct. App. 2006). · cites it 3× “RCW 4.56.120, a statute dealing with the same subject matter as the court rule, supports this conclusion in that it states in relevant part: An action in the superior court may be dismissed by the court and a judgment of nonsuit rendered in the following cases: (1) Upon the…”
Eriksen v. Mobay Corp., 110 Wash. App. 332 (Wash. Ct. App. 2002). · cites it 3× “Under RCW 4.56.120(3), the court may dismiss an action and render a judgment of nonsuit when “the plaintiff fails to appear at the time of trial and the defendant appears and asks for a dismissal.”
Wagner v. McDonald, 516 P.2d 1051 (Wash. Ct. App. 1973). · cites it 3× “In this regard, plaintiff argues that RCW 4.56.120, which permits a nonsuit if the plaintiff fails to appear at the time of trial, and the holding in Peterson v.”
Harris v. Drake, 65 P.3d 350 (Wash. Ct. App. 2003). “3d 1197 (2001); CR 50(a); RCW 4.56.120. [75] Bennett, 76 Wash.2d at 478-79 , 457 P.”
Harris v. Drake, 116 Wash. App. 261 (Wash. Ct. App. 2003). “3d 1197 (2001); CR 50(a)(1); RCW 4.56.120. Bennett, 76 Wn.2d at 478-79 ; Greenwood, 51 Wn.”
Springer v. Dep't of Licensing, 604 P.2d 994 (Wash. Ct. App. 1979). · cites it 8× “RCW 4.56.120 is not applicable to the appeal from the Department's ruling.”
Eriksen v. Mobay Corp., 41 P.3d 488 (Wash. Ct. App. 2002). · cites it 3× “Under RCW 4.56.120(3), the court may dismiss an action and render a judgment of nonsuit when "the plaintiff fails to appear at the time of trial and the defendant appears and asks for a dismissal.”
Paulson v. Wahl, 516 P.2d 514 (Wash. Ct. App. 1973). · cites it 2× “The court noted that the statute and the rule dealing with voluntary dismissals, RCW 4.56.120 and RPPP 41.08W, the predecessor to CR 41, were both in existence prior to the enactment of the rules establishing the summary judgment procedure, and determined that the most recently…”
Mclanahan v. Farmers Ins., 831 P.2d 160 (Wash. Ct. App. 1992). · cites it 2× “The trial court need not enter findings of fact if it decides as a matter of law that plaintiff has not made out a case. The entry of findings is an indication that the court weighed the evidence and made a decision as the trier of facts.”
McReynolds v. Thaler, 307 P.2d 1060 (Wash. 1957). “as a defense, or seeks affirmative relief growing out of- the same transaction, or- sets up a counter claim, either legal or equitable, to the specific property or thing which is the subject matter of the action.”
Elliott v. Kundahl, 574 P.2d 732 (Wash. 1978). “2d 330 (1955), in which this court recited the language of RCW 4.56.120 in holding that no action shall be dismissed upon the motion of the plaintiff if the defendant has interposed a setoff as a defense or seeks affirmative relief growing out of the same transaction or sets up…”
Show all 18 citing cases →
— Wash. Rev. Code § 4.56.120(1) — 2 cases
League of Women Voters v. King Cnty. Records, Elections & Licensing Servs. Div., 135 P.3d 985 (Wash. Ct. App. 2006). “RCW 4.56.120, a statute dealing with the same subject matter as the court rule, supports this conclusion in that it states in relevant part: An action in the superior court may be dismissed by the court and a judgment of nonsuit rendered in the following cases: (1) Upon the…”
League of Women Voters of Washington v. King Cnty. Records, 135 P.3d 985 (Wash. Ct. App. 2006).
— Wash. Rev. Code § 4.56.120(3) — 4 cases
Eriksen v. Mobay Corp., 110 Wash. App. 332 (Wash. Ct. App. 2002). “Under RCW 4.56.120(3), the court may dismiss an action and render a judgment of nonsuit when “the plaintiff fails to appear at the time of trial and the defendant appears and asks for a dismissal.”
Eriksen v. Mobay Corp., 41 P.3d 488 (Wash. Ct. App. 2002). “Under RCW 4.56.120(3), the court may dismiss an action and render a judgment of nonsuit when "the plaintiff fails to appear at the time of trial and the defendant appears and asks for a dismissal.”
Springer v. Dep't of Licensing, 604 P.2d 994 (Wash. Ct. App. 1979). “RCW 4.56.120 is not applicable to the appeal from the Department's ruling.”
Gnash v. Saari, 240 P.2d 930 (Wash. 1952).
— Wash. Rev. Code § 4.56.120(4) — 1 case
de St. Romaine v. City of Seattle, 486 P.2d 1135 (Wash. Ct. App. 1971).
— Wash. Rev. Code § 4.56.120(8) — 1 case
Mclanahan v. Farmers Ins., 831 P.2d 160 (Wash. Ct. App. 1992). “The trial court need not enter findings of fact if it decides as a matter of law that plaintiff has not made out a case. The entry of findings is an indication that the court weighed the evidence and made a decision as the trier of facts.”
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