(1) Prior to filing a special motion for expedited relief under subsection (2) of this section, the moving party shall provide written notice to the responding party of its intent to file the motion at least 14 days prior to filing the motion. During that time, the responding party may withdraw or amend the pleading in accordance with applicable court rules, but shall otherwise comply with the stay obligations listed in RCW 4.105.030. If the moving party fails to provide the notice required under this subsection, such failure shall not affect the moving party’s right to relief under this chapter, but the moving party shall not be entitled to recover reasonable attorneys’ fees under RCW 4.105.090.

Terms Used In Washington Code 4.105.020

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
(2) Not later than sixty days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action.
  Previous section
Next section  
 Chapter 4.105 Contents