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Washington Civil Litigation
“It’s not what you know, it’s what you can prove.”
The famous move quote is often repeated by litigators explaining to clients the need to build a case or a defense. That a litigant knows certain material facts, including technical facts, to be true, does not matter. What matters is the ability to present the facts, within the rules of evidence, and persuasively, to a trier. Washington’s rules of evidence, which are modeled after the federal rules, guide how evidence can, and cannot, be presented. A comprehensive discus

Joseph Ward McIntosh
Getting wrong legal decisions corrected and the case of Luv v. West Coast Servicing
After an incorrect legal decision from the trial court, this author and his client spent 5 years trying to get the decision corrected. The journey involved renewed proceedings at the trial court level and 3 separate appeals: Luv v. W. Coast Servicing, Inc. , 18 Wash. App. 2d 1049 (2021), W. Coast Servicing, Inc. v. Luv , 24 Wash. App. 2d 1038 (2022), and Luv v. W. Coast Servicing, Inc. , 30 Wash. App. 2d 1032 (2024). The matter eventually went to the Washington Supreme Court

Joseph Ward McIntosh
Removal of time-barred mortgages from title in Washington (with some recent Washington litigation perspective).
Leading-up to the foreclosure crisis of 2007, many homeowners, in Washington and nationally, encumbered their properties with junior...

Joseph Ward McIntosh
Washington’s statute of limitations for civil claims and the loss of relief due to delay.
Just about every Washington litigator has encountered a potential client with a great case who fatally delayed filing. Sometimes the...

Joseph Ward McIntosh
Washington title litigation toolbox "must-haves" – title report and a lis pendens
In Washington, real property title disputes are generally adjudicated in the county superior court where the property is located. As...

Joseph Ward McIntosh
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