Washington § 38.40.010 - Liability of officers and enlisted persons on duty.

Full text of Washington Revised Code of Washington § 38.40.010 — Liability of officers and enlisted persons on duty., with citation guidance and answers to common questions.

§ 38.40.010. Liability of officers and enlisted persons on duty.

Members of the militia ordered into active service of the state by any proper authority shall not be liable civilly or criminally for any act or acts done by them while on such duty nor shall any action lie against any officer or enlisted person for any acts done by the officer or enlisted person in line of duty by virtue of any order which may thereafter be held invalid by any civil court. When a suit or proceeding shall be commenced in any court by any person against any officer or enlisted person of the militia for any act done by such officer or enlisted person in his or her official capacity or in the discharge of any duty, or against any person acting under the authority or order of such officer or by virtue of any warrant issued pursuant to law, the defendant may require the person prosecuting or instituting the proceeding to give security for the payment of all costs that may be awarded to the defendant, and the defendant in all cases may make a general denial and, under such general denial, give all other or any special defense matter in evidence. In case the plaintiff shall be nonsuited or the verdict or judgment be in favor of the defendant, treble costs shall be assessed against the plaintiff. The defendant in such action shall be defended by the attorney general at the expense of the state, but private counsel may also be employed by the defendant. The venue of all such actions shall be Thurston county and the state of Washington shall be in all cases a necessary party defendant.
[ 1989 c 19 s 45; 1943 c 130 s 13; Rem. Supp. 1943 s 8603-13. Cf. 1909 c 134 s 25, part; 1895 c 108 s 173, part.]

Source: official Washington text · Last verified 2026-08-27

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Frequently Asked Questions About Washington § 38.40.010

What does Revised Code of Washington § 38.40.010 cover?

Section 38.40.010 ("Liability of officers and enlisted persons on duty.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 38.40.010?

A common citation format is "Revised Code of Washington § 38.40.010" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 38.40.010 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Washington.