- For Attorneys
The following are Washington statutes:
RCW 4.16.170 Tolling of statute — Actions, when deemed commenced or not
For the purpose of tolling any statute of limitations an action shall be
deemed commenced when the complaint is filed or summons is served whichever
occurs first. If service has not been had on the defendant prior to the
filing of the complaint, the plaintiff shall cause one or more of the
defendants to be served personally, or commence service by publication
within ninety days from the date of filing the complaint. If the action is
commenced by service on one or more of the defendants or by publication,
the plaintiff shall file the summons and complaint within ninety days from
the date of service. If following service, the complaint is not so filed,
or following filing, service is not so made, the action shall be deemed to
not have been commenced for purposes of tolling the statute of limitations.
RCW 4.16.180 Statute tolled by absence from state, concealment, etc.
If the cause of action shall accrue against any person who is a
nonresident of this state, or who is a resident of this state and shall be
out of the state, or concealed therein, such action may be commenced within
the terms herein respectively limited after the coming, or return of such
person into the state, or after the end of such concealment; and if after
such cause of action shall have accrued, such person shall depart from and
reside out of this state, or conceal himself, the time of his absence or
concealment shall not be deemed or taken as any part of the time limit for
the commencement of such action.
RCW 4.16.190 Statute tolled by personal disability.
(1) Unless otherwise provided in this section, if a person entitled to
bring an action mentioned in this chapter, except for a penalty or
forfeiture, or against a sheriff or other officer, for an escape, be at the
time the cause of action accrued either under the age of eighteen years, or
incompetent or disabled to such a degree that he or she cannot understand
the nature of the proceedings, such incompetency or disability as
determined according to chapter 11.88 RCW, or imprisoned on a criminal
charge prior to sentencing, the time of such disability shall not be a part
of the time limited for the commencement of action.
(2) Subsection (1) of this section with respect to a person under the age
of eighteen years does not apply to the time limited for the commencement
of an action under RCW 4.16.350.
RCW 4.16.200 Statute tolled by death.
Limitations on actions against a person who dies before the expiration of
the time otherwise limited for commencement thereof are as set forth in
chapter 11.40 RCW. Subject to the limitations on claims against a deceased
person under chapter 11.40 RCW, if a person entitled to bring an action
dies before the expiration of the time limited for the commencement
thereof, and the cause of action survives, an action may be commenced by
his representatives after the expiration of the time and within one year
from his death.
RCW 4.16.210 Statute tolled — By war as to enemy alien.
When a person shall be an alien subject or a citizen of a country at war
with the United States, the time of the continuance of the war shall not be
a part of the period limited for the commencement of the action.
RCW 4.16.220 Statute tolled — As to person in military service of United
When the enforcement of civil liabilities against a person in the
military service of the United States has been suspended by operation of
law, the period of such suspension shall not be a part of the period
limited for the commencement of the action.
RCW 4.16.230 Statute tolled by judicial proceedings.
When the commencement of an action is stayed by injunction or a statutory
prohibition, the time of the continuance of the injunction or prohibition
shall not be a part of the time limited for the commencement of the action.