NC PT Juris cheat sheet

Washington superior courts have original jurisdiction over civil claims exceeding $100,000; district courts handle claims up to $100,000, and small claims up to $10,000.

Superior court civil actions are commenced by filing a complaint and serving a summons; the defendant generally has 20 days to respond after personal service within Washington, 60 days if served outside the state.

Under CR 12, a motion to dismiss for failure to state a claim or lack of jurisdiction must be raised before or with the answer; defenses of lack of personal jurisdiction, improper venue, insufficient process, and insufficient service are waived if omitted.

CR 26 governs discovery scope: any nonprivileged matter relevant to a party's claim or defense and proportional to the needs of the case; Washington adopted proportionality amendments effective 2019.

Summary judgment under CR 56 is granted when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law; the motion must be filed at least 28 days before the hearing.

The statute of limitations for written contracts is 6 years (RCW 4.16.040); for oral contracts and torts it is 3 years (RCW 4.16.080); personal injury actions are 3 years.

A notice of appeal from a superior court final judgment must generally be filed within 30 days of entry of the judgment (RAP 5.2); the record and briefing follow a fixed schedule under the Rules of Appellate Procedure.

Venue in superior court is proper in the county where the defendant resides, where the cause of action arose, or where the property in dispute is located (RCW 4.12.010-.030).

Default judgment under CR 55 requires a motion and, if the defendant has appeared, three days' notice; if the claim is for a sum certain, an affidavit of amount due supports the request.

Washington citation format follows the Washington Style Sheet: case name in italics, volume, reporter abbreviation (Wn.2d, Wn. App., Wn.3d), page, and year, e.g., Smith v. Jones, 150 Wn.2d 45, 60, 74 P.3d 123 (2003).

The hierarchy of authority: constitutions, statutes, regulations, then case law; mandatory authority binds (same jurisdiction, higher court), persuasive authority does not.

Statutory research uses the Revised Code of Washington (RCW) for current codified law and the session laws for historical versions; annotations in the RCW show citing cases and notes.

Shepardizing or KeyCiting verifies that a case remains good law; a red or yellow signal indicates negative treatment such as overruling or criticism.

The IRAC structure (Issue, Rule, Application, Conclusion) organizes legal analysis; CREAC adds a Conclusion first and an Explanation of the rule before application.

Primary sources are constitutions, statutes, regulations, ordinances, and court opinions; secondary sources include treatises, law review articles, restatements, and practice manuals.

Court rules in Washington: CR for superior court civil, CrR for criminal, RAP for appellate, ER for evidence, and RPC for professional conduct.

A memorandum of law typically contains a question presented, brief answer, statement of facts, discussion, and conclusion; a client letter omits citations and explains options in plain language.

Under RPC 1.1, competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary; comment 8 addresses maintaining competence, including technology.

RPC 1.6 prohibits revealing information relating to the representation of a client without informed consent, except disclosures impliedly authorized to carry out the representation or permitted by the rule's exceptions.

RPC 1.15 requires lawyers to hold client funds in trust (IOLTA in Washington), keep complete records, and provide accountings; commingling and using trust funds for the lawyer's own purposes are prohibited.

The unauthorized practice of law (UPL) includes giving legal advice, drafting legal documents, or appearing in court without a license; Washington's APR and RCW 2.48 define and prohibit UPL.

A nonlawyer assistant may perform clerical and factual tasks under lawyer supervision but may not give legal advice, set fees, or exercise independent legal judgment.

RPC 1.5 requires fees to be reasonable and, for contingent fees, in writing; Washington requires a written fee agreement for contingent fees and certain other arrangements.

RPC 1.7 addresses concurrent conflicts of interest: a lawyer may not represent a client if the representation is directly adverse to another client unless the lawyer reasonably believes competence and the affected clients give informed consent.

RPC 1.9 prohibits a lawyer from representing a new client in a matter substantially related to a former client's matter without informed consent; imputed disqualification applies under RPC 1.10.

Under RPC 8.3, a lawyer who knows of another lawyer's violation raising a substantial question as to honesty, trustworthiness, or fitness must report it to the disciplinary authority.

A deed must identify the grantor and grantee, describe the property, state the intent to convey, and be signed by the grantor; in Washington, recording is not required for validity between the parties but affects priority against subsequent purchasers.

The statute of frauds (RCW 64.04.010) requires real estate conveyances and leases longer than one year to be in writing and signed by the party to be charged.

Washington uses a race-notice recording statute (RCW 65.08.070): a subsequent purchaser who records first and takes without notice prevails over an earlier unrecorded interest.

A quitclaim deed conveys whatever interest the grantor holds without warranty; a statutory warranty deed guarantees title and includes covenants against encumbrances.

A real estate excise tax (REET) is imposed on the sale of real property in Washington; the rate is graduated by sale price, and the seller is generally responsible for payment.

The Seller Disclosure Statement (Form 17) requires a seller of residential real property to disclose known material defects; certain transfers such as foreclosures and gifts are exempt.

Earnest money is typically held in a trust account by the closing agent or broker; the purchase and sale agreement specifies disbursement conditions.

A leasehold interest is personal property; a tenancy for years requires a definite term, while a periodic tenancy renews automatically until notice terminates it.

Adverse possession in Washington requires actual, open and notorious, exclusive, continuous possession for 10 years (RCW 4.16.020), plus payment of taxes where applicable.

A contract requires offer, acceptance, consideration, and mutual assent; the statute of frauds (RCW 62A.2-201 for goods) requires writing for sales of goods of $500 or more.

The Uniform Commercial Code applies to transactions in goods; the common law applies to services and real estate; the predominant purpose test resolves mixed contracts.

A material breach excuses the nonbreaching party from further performance; an anticipatory repudiation allows the nonbreaching party to treat the contract as breached before performance is due.

Expectation damages place the nonbreaching party in the position performance would have produced; consequential damages must be foreseeable at the time of contracting.

A Washington LLC is formed by filing a Certificate of Formation with the Secretary of State; an operating agreement governs internal affairs and management.

A corporation's articles of incorporation are filed with the Secretary of State; bylaws govern internal operations and are adopted by the board or shareholders.

Shareholders generally are not personally liable for corporate debts; the corporate veil may be pierced for commingling, undercapitalization, or fraud.

An agent's apparent authority binds a principal when the principal's manifestations lead a third party to reasonably believe the agent is authorized, even without actual authority.

A noncompetition covenant in Washington is enforceable only if it is reasonable in time and geographic scope and supported by consideration; RCW 49.62 imposes income thresholds and restrictions.

Washington's Trust and Estate Dispute Resolution Act (TEDRA, RCW 11.96A) provides a single procedure for resolving disputes involving trusts, estates, and nonprobate assets.

A will is valid in Washington if it is in writing, signed by the testator, and attested by two witnesses; a statutory will form is available under RCW 11.12.230.

Intestate succession under RCW 11.04 passes the estate to the surviving spouse and issue; the surviving spouse's share depends on whether the decedent left issue or parents.

Probate is commenced by filing a petition for probate and letters testamentary or letters of administration; a nonintervention will allows the personal representative to act without court supervision.

A personal representative must file an inventory within 90 days of appointment, provide notice to creditors, and comply with the creditor claim period (four months after notice).

The elective share protects a surviving spouse; in Washington it is the intestate share of the estate, and it must be claimed within the statutory time.

A trust is created by a settlor who transfers property to a trustee for the benefit of beneficiaries; a testamentary trust is created by will and takes effect at death.

A power of attorney that survives incapacity is durable; a health care directive and a Durable Power of Attorney for Health Care address medical decisions.

A small estate affidavit under RCW 11.62 allows transfer of estate assets without full probate when the value does not exceed the statutory threshold, currently $100,000.

Washington is a no-fault dissolution state; the only ground is that the marriage is irretrievably broken (RCW 26.09.030).

A petition for dissolution must be filed in the county where the petitioner resides; a 90-day waiting period follows filing and service before the decree can be entered.

The court divides property and liabilities using a just and equitable standard; community property includes property acquired during the marriage, separate property is acquired before or by gift or inheritance.

Child support is calculated under the Washington Child Support Schedule and Economic Table; the basic support obligation is allocated between parents based on net income and residential time.

A parenting plan is required when minor children are involved; it sets residential time, decision-making, and dispute resolution, and must serve the child's best interests.

A parenting plan may include a limitations provision restricting a parent's contact when there is a history of violence or abuse; the court applies the factors in RCW 26.09.191.

A nonparent may seek custody or visitation only by showing that the child is not residing with a parent or that the parent is unfit; constitutional protections apply.

Domestic violence protection orders are available under RCW 7.105 (effective 2022); the court may issue emergency, temporary, and full protection orders.

A domestic relations order dividing a retirement plan must meet plan requirements to be a qualified domestic relations order (QDRO) before the plan administrator distributes benefits.

Criminal charges are filed by information in superior court or by complaint in district and municipal courts; the prosecution bears the burden of proof beyond a reasonable doubt.

The Fourth Amendment and Washington Constitution article I, section 7 protect against unreasonable searches and seizures; Washington's provision provides greater protection in some contexts, such as automobile searches.

An arrest requires probable cause; a warrantless search is valid only under recognized exceptions such as consent, search incident to arrest, exigency, plain view, or inventory.

Under CrR 3.5, the court holds a hearing on the voluntariness of a defendant's statements before they are admitted; Miranda warnings are required for custodial interrogation.

The right to counsel attaches at the critical stage of formal proceedings; indigent defendants are entitled to appointed counsel under Gideon v. Wainwright and Washington rules.

CrR 3.3 sets speedy trial time limits: generally 60 days after arraignment in custody or 90 days if not in custody, subject to excluded periods.

Felonies are classified as A, B, or C; class A felonies carry a maximum of life imprisonment, class B ten years, and class C five years under RCW 9A.20.021.

Sentencing follows the Washington Sentencing Reform Act; the standard range is determined by the seriousness level of the offense and the offender score.

A defendant may plead guilty only if the plea is knowing, voluntary, and intelligent; the court must advise of the rights waived and ensure a factual basis exists.

Jurisdiction: the court's authority to hear a case; subject matter jurisdiction concerns the type of case, personal jurisdiction concerns the parties.

Venue: the geographic location where a case is heard; distinct from jurisdiction, which is the power to hear the matter at all.

Discovery: pretrial procedures such as interrogatories, requests for production, depositions, and requests for admission used to obtain evidence.

Summary judgment: a pretrial motion granted when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Res ipsa loquitur: the thing speaks for itself; a doctrine allowing negligence to be inferred from the circumstances of an injury.

Stare decisis: courts follow prior decisions on the same issue; the principle promotes predictability and stability in the law.

Quantum meruit: an equitable claim for the reasonable value of services rendered when no enforceable contract exists.

Tortfeasor: a person who commits a tort; joint and several liability may make multiple tortfeasors responsible for the entire harm.

Hearsay: an out-of-court statement offered to prove the truth of the matter asserted; generally inadmissible unless an exception applies (ER 801-803).

A caption in a Washington superior court pleading includes the court name, the parties' names, the case number, and the document title, formatted per CR 10.

A summons must state the name of the court, the title of the action, the time within which the defendant must respond, and the consequence of failing to respond (CR 4).

A complaint must contain a short and plain statement of the claim showing entitlement to relief and a demand for judgment; each claim should be numbered and separately stated.

A declaration or affidavit must be signed under penalty of perjury, state the declarant's personal knowledge, and include the date and place of execution.

A proof of service states the date, time, place, and manner of service and identifies the person served; it is filed with the court.

An order must be signed by the judge and filed with the clerk; a judgment should state the relief granted and the amount of any monetary award.

A discovery request must be numbered, identify the responding party, and allow 30 days to respond after service; objections must be stated with specificity.

A legal memorandum's caption and signature block identify the author, firm, and date; citations must follow the Washington Style Sheet for court filings.

Wills in Washington must be signed by the testator and two witnesses; the witnesses should sign in the testator's presence and each other's presence.

Client trust funds must be deposited in an IOLTA account; earned fees may be transferred to the operating account only after the client is billed and notified.

A conflict check should be run before accepting a new matter; the check compares the prospective client and adverse parties against the firm's existing client and matter database.

The calendaring of deadlines must account for service method: mail service adds three days to the response period under CR 5(b)(2) and CR 6(e).

A tickler system or docket control should track statutes of limitations, court dates, discovery deadlines, and appeal deadlines; missed deadlines can constitute malpractice.

Client files generally belong to the client; the lawyer must return the file on request and may retain copies, subject to the rules on retaining originals.

Fee agreements should be in writing and specify the basis of the fee, costs, billing frequency, and the scope of representation.

A law office should maintain a written records retention policy and securely dispose of client information; confidentiality obligations survive the end of the representation.

Malpractice insurance and a written office manual help manage risk; the Washington State Bar Association provides practice management resources and ethics opinions.

A nonlawyer may not sign correspondence giving legal advice or negotiate legal rights on behalf of a client; supervision requirements appear in the RPC and APR.