Wash. Rev. Code » Title 7 · Chapter 7.70A

Wash. Rev. Code § 7.70A.020

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(1) Parties in an action covered under RCW 7.70A.010 may elect to submit the dispute to arbitration under this chapter in accordance with the requirements in this section.
(a) A claimant may elect to submit the dispute to arbitration under this chapter by including such election in the complaint filed at the commencement of the action. A defendant may elect to submit the dispute to arbitration under this chapter by including such election in the defendant's answer to the complaint. The dispute will be submitted to arbitration under this chapter only if all parties to the action elect to submit the dispute to arbitration.
(b) If the parties do not initially elect to submit the dispute to arbitration in accordance with (a) of this subsection, the parties may make such an election at any time during the pendency of the action by filing a stipulation with the court in which all parties to the action agree to submit the dispute to arbitration under this chapter.
(2) A party that does not initially elect to submit a dispute to arbitration under this chapter must file a declaration with the court that meets the following requirements:
(a) In the case of a claimant, the declaration must be filed at the time of commencing the action and must state that the attorney representing the claimant presented the claimant with a copy of the provisions of this chapter before commencing the action and that the claimant elected not to submit the dispute to arbitration under this chapter; and
(b) In the case of a defendant, the declaration must be filed at the time of filing the answer and must state that the attorney representing the defendant presented the defendant with a copy of the provisions of this chapter before filing the defendant's answer and that the defendant elected not to submit the dispute to arbitration under this chapter.
[ 2006 c 8 s 306.]
Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 2009–2025 · leading case: Jeffery Martin v. Pierce County
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Jeffery Martin v. Pierce County (2022) ca9 · cites it 18× “RCW 7.70A.020. If the plaintiff elects not to submit the dispute to arbitration, the plaintiff must meet the certain requirements, including filing a declaration at the time of commencing the action that the claimant elected not to submit the dispute to arbitration.”
Jackson v. Sacred Heart Medical Center (2009) washctapp · cites it 2× “100: they failed to give notice of their intent to sue, they failed to file a certificate of merit, 2 and they failed to decline arbitration as required by RCW 7.70A.020. 3 The court concluded that the Jacksons failed to notify Sacred Heart of their intent to sue and granted…”
Martin v. Pierce County (2021) wawd · cites it 10× “However, Defendants argue that the medical 12 malpractice claims still must be dismissed for failure to comply with RCW 7.70A.020. 13 Dkt. 25 at 8. 14 RCW 7.”
Garey v. Washington State University (2023) waed · cites it 6× “70A by their attorney before filing suit and 7 had elected to file a lawsuit in lieu of submitting to arbitration.”
LaRock v. ZoomInfo Technologies LLC (2025) wawd “The Martin case concerned whether Washington’s arbitration declaration 9 requirement in RCW 7.70A.020 applied in federal court. Martin, 34 F.”
Jackson v. Sacred Heart Medical Center (2009) washctapp · cites it 2× “100: they failed to give notice of their intent to sue; they failed to file a certificate of merit, [2] and they failed to decline arbitration as required by RCW 7.70A.020. [3] The court concluded that the Jacksons failed to notify Sacred Heart of their intent to sue and granted…”
— Wash. Rev. Code § 7.70A.020(2) — 2 cases
Jeffery Martin v. Pierce County (2022) ca9 “RCW 7.70A.020. If the plaintiff elects not to submit the dispute to arbitration, the plaintiff must meet the certain requirements, including filing a declaration at the time of commencing the action that the claimant elected not to submit the dispute to arbitration.”
Martin v. Pierce County (2021) wawd “However, Defendants argue that the medical 12 malpractice claims still must be dismissed for failure to comply with RCW 7.70A.020. 13 Dkt. 25 at 8. 14 RCW 7.”
— Wash. Rev. Code § 7.70A.020(2)(a) — 1 case
Martin v. Pierce County (2021) wawd “However, Defendants argue that the medical 12 malpractice claims still must be dismissed for failure to comply with RCW 7.70A.020. 13 Dkt. 25 at 8. 14 RCW 7.”
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