Revised Code of Washington

Wash. Rev. Code § 4.76.010 (2026)

New trial defined

✓ current as of May 2026
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A new trial is a reexamination of an issue in the same court after a trial and decision by a jury, court or referees.
[Code 1881 s 275; 1877 p 56 s 279; 1869 p 67 s 277; 1854 p 170 s 215; RRS s 398.]
Notes of Decisions
Cited in 3 cases, 1956–2014 · leading case: State v. Case, 298 P.2d 500 (Wash. 1956).
State v. Case, 298 P.2d 500 (Wash. 1956). · cites it 2× “Do the majority disregard the statutes? RCW 4.76.010 [ cf. Rem. Rev. Stat., § 398] provides: *78 "A new trial is a reexamination of an issue of fact in the same court after a trial and decision by a jury, court, or referee.”
Espinoza v. Am. Com. Ins., 336 P.3d 115 (Wash. Ct. App. 2014). “2011) (discussion of subsection (c)(1)). ¶44 ACIC also fears it cannot move for summary judgment or judgment as a matter of law upon remand, but it cites no authority supporting this fear.”
Gabriel Espinoza, et ux v. Am. Com. Ins. Co. (Wash. Ct. App. 2014). “Commerce Ins. Co. Acrc also fears it cannot move for summary judgment or judgment as a matter of law upon remand, but it cites no authority supporting this fear.”
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