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Washington Process Server Laws


RULE 4 PROCESS

(a) Summons--Issuance.
(1) The summons must be signed and dated by the plaintiff or his attorney, and directed to the defendant requiring him to defend the action and to serve a copy of his appearance or defense on the person whose name is signed on the summons.
(2) Unless a statute or rule provides for a different time requirement, the summons shall require the defendant to serve a copy of his defense within 20 days after the service of summons, exclusive of the day of service. If a statute or rule other than this rule provides for a different time to serve a defense, that time shall be stated in the summons.
(3) A notice of appearance, if made, shall be in writing, shall be signed by the defendant or his attorney, and shall be served upon the person whose name is signed on the summons. In condemnation cases a notice of appearance only shall be served on the person whose name is signed on the petition.
(4) No summons is necessary for a counterclaim or cross claim for any person who previously has been made a party. Counterclaims and cross claims against an existing party may be served as provided in rule 5.

(b) Summons.
(1) Contents. The summons for personal service shall contain:
(i) the title of the cause, specifying the name of the court in which the action is brought, the name of the county designated by the plaintiff as the place of trial, and the names of the parties to the action, plaintiff and defendant;
(ii) a direction to the defendant summoning him to serve a copy of his defense within a time stated in the summons;
(iii) a notice that, in case of failure so to do, judgment will be rendered against him by default. It shall be signed and dated by the plaintiff, or his attorney, with the addition of his post office address, at which the papers in the action may be served on him by mail.
(2) Form. Except in condemnation cases, and except as provided in rule 4.1, the summons for personal service in the state shall be substantially in the following form:

SUPERIOR COURT OF WASHINGTON
FOR (_______________) COUNTY
_______________, )
Plaintiff, ) No. ______
v. )
_______________, ) SUMMONS (20 days)
Defendant. )
TO THE DEFENDANT: A lawsuit has been started against you in the above entitled court by _______________, plaintiff. Plaintiff's claim is stated in the written complaint, a copy of which is served upon you with this summons.
In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and by serving a copy upon the person signing this summons within 20 days after the service of this summons, excluding the day of service, or a default judgment may be entered against you without notice. A default judgment is one where plaintiff is entitled to what he asks for because you have not responded. If you serve a notice of appearance on the undersigned person, you are entitled to notice before a default judgment may be entered.
You may demand that the plaintiff file this lawsuit with the court. If you do so, the demand must be in writing and must be served upon the person signing this summons. Within 14 days after you serve the demand, the plaintiff must file this lawsuit with the court, or the service on you of this summons and complaint will be void.
If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time. This summons is issued pursuant to rule 4 of the Superior Court Civil Rules of the State of Washington.
(signed) ______________________________
______________________________
Print or Type Name
( ) Plaintiff ( ) Plaintiff's Attorney
P. O. Address ________________________
Dated _____________________
Telephone Number _____________________


(c) By Whom Served. Service of summons and process, except when service is by publication, shall be by the sheriff of the county wherein the service is made, or by his deputy, or by any person over 18 years of age who is competent to be a witness in the action, other than a party. Subpoenas may be served as provided in rule 45.

(d) Service.
(1) Of Summons and Complaint. The summons and complaint shall be served together.
(2) Personal in State. Personal service of summons and other process shall be as provided in RCW 4.28.080-.090, 23B.05.040, 23B.15.100, 46.64.040, and 48.05.200 and .210, and other statutes which provide for personal service.
(3) By Publication. Service of summons and other process by publication shall be as provided in RCW 4.28.100 and .110, 13.34.080, and 26.33.310, and other statutes which provide for service by publication.
(4) Alternative to Service by Publication. In circumstances justifying service by publication, if the serving party files an affidavit stating facts from which the court determines that service by mail is just as likely to give actual notice as service by publication, the court may order that service be made by any person over 18 years of age, who is competent to be a witness, other than a party, by mailing copies of the summons and other process to the party to be served at his last known address or any other address determined by the court to be appropriate. Two copies shall be mailed, postage prepaid, one by ordinary first class mail and the other by a form of mail requiring a signed receipt showing when and to whom it was delivered. The envelopes must bear the return address of the sender. The summons shall contain the date it was deposited in the mail and shall require the defendant to appear and answer the complaint within 90 days from the date of mailing. Service under this subsection has the same jurisdictional effect as service by publication.
(5) Appearance. A voluntary appearance of a defendant does not preclude his right to challenge lack of jurisdiction over his person, insufficiency of process, or insufficiency of service of process pursuant to rule 12(b).

(e) Other Service.
(1) Generally. Whenever a statute or an order of court thereunder provides for service of a summons, or of a notice, or of an order in lieu of summons upon a party not an inhabitant of or not found within the state, service may be made under the circumstances and in the manner prescribed by the statute or order, or if there is no provision prescribing the manner of service, in a manner prescribed by this rule.
(2) Personal Service Out of State--Generally. Although rule 4 does not generally apply to personal service out of state, the prescribed form of summons may, with the modifications required by statute, be used for that purpose. See RCW 4.28.180.
(3) Personal Service Out of State--Acts Submitting Person to Jurisdiction of Courts. (Reserved. See RCW 4.28.185.)
(4) Nonresident Motorists. (Reserved. See RCW 46.64.040.)

(f) Territorial Limits of Effective Service. All process other than a subpoena may be served anywhere within the territorial limits of the state, and when a statute or these rules so provide beyond the territorial limits of the state. A subpoena may be served within the territorial limits as provided in rule 45 and RCW 5.56.010.

(g) Return of Service. Proof of service shall be as follows:
(1) If served by the sheriff or his deputy, the return of the sheriff or his deputy endorsed upon or attached to the summons;
(2) If served by any other person, his affidavit of service endorsed upon or attached to the summons; or
(3) If served by publication, the affidavit of the publisher, foreman, principal clerk, or business manager of the newspaper showing the same, together with a printed copy of the summons as published; or (4) If served as provided in subsection (d)(4), the affidavit of the serving party stating that copies of the summons and other process were sent by mail in accordance with the rule and directions by the court, and stating to whom, and when, the envelopes were mailed.
(4) If served as provided in subsection (d)(4), the affidavit of the serving party stating that copies of the summons and other process were sent by mail in accordance with the rule and directions by the court, and stating to whom, and when, the envelopes were mailed.
(5) The written acceptance or admission of the defendant, his agent or attorney;
(6) In case of personal service out of the state, the affidavit of the person making the service, sworn to before a notary public, with a seal attached, or before a clerk of a court of record.
(7) In case of service otherwise than by publication, the return, acceptance, admission, or affidavit must state the time, place, and manner of service. Failure to make proof of service does not affect the validity of the service.

(h) Amendment of Process. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.

(i) Alternative Provisions for Service in a Foreign Country.
(1) Manner. When a statute or rule authorizes service upon a party not an inhabitant of or found within the state, and service is to be effected upon the party in a foreign country, it is also sufficient if service of the summons and complaint is made: (A) in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or (B) as directed by the foreign authority in response to a letter rogatory or a letter of request; or (C) upon an individual, by delivery to him personally, and upon a corporation or partnership or association, by delivery to an officer, a managing or general agent; or (D) by any form of mail, requiring a signed receipt, to be addressed and mailed to the party to be served; or (E) pursuant to the means and terms of any applicable treaty or convention; or (F) by diplomatic or consular officers when authorized by the United States Department of State; or (G) as directed by order of the court. Service under (C) or (G) above may be made by any person who is not a party and is not less than 21 years of age or who is designated by order of the court or by the foreign court. The method for service of process in a foreign country must comply with applicable treaties, if any, and must be reasonably calculated, under all the circumstances, to give actual notice.
(2) Return. Proof of service may be made as prescribed by section (g) of this rule, or by the law of the foreign country, or by a method provided in any applicable treaty or convention, or by order of the court. When service is made pursuant to subsection (1)(D) of this section, proof of service shall include a receipt signed by the addressee or other evidence of delivery to the addressee satisfactory to the court.

(j) Other Process. These rules do not exclude the use of other forms of process authorized by law.
[Amended effective January 1, 1972; July 1, 1977; September 1, 1978; July 1, 1980; September 1, 1985; September 1, 1989; September 1, 1993; September 1, 1994.]

RULE 4.1 PROCESS--DOMESTIC RELATIONS ACTIONS
(a) Summons--General. Actions authorized by RCW 26.09 shall be commenced by filing a petition or by service of a copy of a summons together with a copy of the petition on respondent as provided in rule 4. Upon written demand by the respondent, the petitioner shall pay the filing fee and file the summons and petition within 14 days after service of the demand or the service shall be void. No summons is necessary if both spouses sign a joint petition or if the respondent files a written joinder in the proceeding.
(b) Summons--Content, Form.
(1) Content. The summons shall contain the title of the action, the name of the county and the court in which the action is brought, the names of the parties, as petitioner and respondent, a direction to the respondent to serve a copy of his or her response on the person who has signed the summons, the time limit within which the copy of the response must be served, notice that failure to serve a copy of the response within the stated time may result in a judgment by default, the signature and address of the petitioner or petitioner's attorney, and the date.
(2) Form. The summons for personal service in the state in an action for dissolution of marriage shall be substantially in the form below. The summons for personal service in the state in any other action authorized by RCW 26.09 should be adapted from this form. The summons for personal service out of state should be adapted from this form and must include the modifications required by statute. See RCW 4.28.180.
SUPERIOR COURT OF WASHINGTON
FOR (_______________) COUNTY
In the Matter of the )
Marriage of )
_______________, )
Petitioner, ) No. ______
and )
_______________, ) SUMMONS FOR DISSOLUTION
) OF MARRIAGE
Respondent. )
TO THE RESPONDENT: The petitioner has started an action in the above court requesting that your marriage be dissolved. Additional requests, if any, are stated in the petition, a copy of which is attached to this summons.
You must respond to this summons and petition by serving a copy of your written response on the person signing this summons. If you do not serve your written response within 20 days after the date this summons was served on you, exclusive of the day of service, the court may enter an order of default against you, and at the end of 90 days after service and filing, the court may, without further notice to you, enter a decree dissolving your marriage and approving or providing for other relief requested in the petition. If you serve a notice of appearance on the undersigned person, you are entitled to notice before an order of default or a decree may be entered.
You may demand that the petitioner file this action with the court. If you do so, the demand must be in writing and must be served upon the person signing this summons. Within 14 days after you serve the demand, the petitioner must file this action with the court, or the service on you of this summons and petition will be void.
If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time.
One method of serving a copy of your response on the petitioner is to send it by certified mail with return receipt requested.
This summons is issued pursuant to rule 4.1 of the Superior Court Civil Rules of the State of Washington.
Dated________________________
(signed)______________________
_____________________________
Print or Type Name
SERVE A COPY OF
YOUR RESPONSE ON:
( ) Petitioner
( ) Petitioner's Attorney
______________________________
(Address)
___________________, WA ______
(city) (zip)
[Adopted effective September 1, 1978; amended effective July 1, 1980; September 1, 1989.]

FORMS
1. Summons by Publication
2. Request for Order to Serve by Mail
3. Order Allowing Service by Mail
4. Summons by Mail
5. Summons for Modification of Child Support
6. Summons (Modification of Parenting Plan)


1. Summons by Publication


SUPERIOR COURT OF WASHINGTON
COUNTY OF
NO.
In re the Marriage of:
SUMMONS BY PUBLICATION


Petitioner
and


Respondent.
TO THE RESPONDENT:
1. The petitioner has started an action in the above court requesting:
[ ] that your marriage be dissolved.
[ ] a legal separation.
[ ] that your marriage be declared invalid.
2. The petition also requests that the Court grant the following relief:
[ ] Provide reasonable maintenance for the [ ] husband [ ] wife.
[ ] Approve a parenting plan for the dependent children.
[ ] Determine support for the dependent children pursuant to the
Washington State Support Schedule.
[ ] Approve a separation agreement;
[ ] Dispose of property and liabilities.
[ ] Change name of wife to: ___________________________
[ ] Change name of husband to: _______________________
[ ] Order payment of court costs and reasonable fees.
[ ] Enter a permanent restraining order.
[ ] Order payment of day care expenses for the children.
[ ] Award the tax exemptions for the dependent children as follows:
[ ] Order payment of attorney's fees, other professional fees and costs.
[ ] Other:
3. You must respond to this summons by serving a copy of your written response on the person signing this summons and by filing the original with the clerk of the court. If you do not serve your written response within 60 days after the date of the first publication of this summons (60 days after the ________ day of __________, 20__), the court may enter an order of default against you, and at the end of 90 days after service and filing, the court may, without further notice to you, enter a decree and approve or provide for other relief requested in this summons. If you serve a notice of appearance on the undersigned person, you are entitled to notice before an order of default or a decree may be entered.
4. Your written response to the summons must be on forms approved by the Office of the Administrator for the Courts. These forms may be obtained by contacting the clerk of the court or the Office of the Administrator for the Courts at:
Office of the Administrator for the Courts
Temple of Justice, AV-01
Olympia, Washington 98504
(206) 357-2129
5. If this action has not been filed with the court, you may demand that the petitioner file this action with the court. If you do so, the demand must be in writing and must be served upon the person publishing this summons. Within 14 days after you serve the demand, the petitioner must file this action with the court, or the service on you of this summons will be void.
6. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time.
7. One method of serving a copy of your response on the petitioner is to send it by certified mail with return receipt requested.
8. Other:
This summons is issued pursuant to RCW 4.28.100 and Superior Court Civil Rule 4.1 of the State of Washington.
Dated:______________ __________________________
Signature of Lawyer or
Petitioner (if petitioner
has no lawyer)
__________________________
Print or Type Name
(include Washington State
Bar Number, if applicable)
FILE ORIGINAL WITH THE CLERK SERVE A COPY OF YOUR
OF THE COURT AT: RESPONSE ON:
[ ] Petitioner
[ ] Petitioner's Lawyer
__________________________ __________________
(Name of Court) (Name)
__________________________ __________________
(Address) (Address)
__________________________ __________________
Phone:____________________ ___________________


2. Request for Order to Serve by Mail


SUPERIOR COURT OF WASHINGTON
COUNTY OF
NO.
In re the Marriage of:
REQUEST FOR ORDER TO
Petitioner SERVE SUMMONS AND
and PETITION BY MAIL
Respondent.
1. I request that the court issue an order allowing the summons and petition in this matter to be served
on the respondent by mail.
2. I believe that service should be made by mail because:
[ ] the respondent is not a resident of this state.
[ ] the respondent cannot be found in this state.
[ ] I am indigent and cannot afford service by publication.
3. I have not been able to locate or serve the respondent, even through the respondent's employer,
friends or family.
4. Service by mail is just as likely to provide actual notice as service by publication.
5. The mailings should be sent to the following address:
6. This address is:
[ ] The last known address of the respondent.
[ ] The respondent's parent or nearest living relative.
[ ] Other:
Dated:______________ __________________________
Signature of Lawyer or
Petitioner (if petitioner
has no lawyer)
__________________________
Print or Type Name
(include Washington State
Bar Number, if applicable)
I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
Signed at ______________________________ on _______
(City and State) (Date)
___________________________
Signature
___________________________
Print or Type Name


3. Order Allowing Service by Mail


SUPERIOR COURT OF WASHINGTON
COUNTY OF
NO.
In re the Marriage of:
ORDER ALLOWING SERVICE
Petitioner OF SUMMONS AND PETITION
and BY MAIL
Respondent.
I. BASIS
The court has considered an affidavit requesting an order allowing the summons and petition in this matter to be served on the respondent by mail.
II. FINDINGS
Based on the case record to date and the representations made in the affidavit, the court FINDS that the summons and petition in this matter should be served on the respondent by mail in accordance with CR 4(d)(4).
III. ORDER
IT IS ORDERED:
3.1 The summons and petition in this matter be served on the respondent by mail by a person 18 years
of age or over and competent to be a witness but not the petitioner.
3.2 Two (2) copies shall be mailed postage prepaid, one by ordinary first class mail, and the other by
certified mail, return receipt requested, showing when, and to whom, delivered, each showing a
return address for the sender or an address through which correspondence may be directed to the
sender.
3.3 The mailings shall be sent to the following address:
3.4 This address is:
[ ] The last known address of the respondent.
[ ] The respondent's parent or nearest living relative.
[ ] Other:
3.5 A summons and petition mailed to the respondent care of parents or other individuals shall be
addressed directly to the parent or other individual with a note enclosed asking that the summons
and petition be delivered to the respondent.
3.6 The person mailing the summons and petition shall complete a Return of Service form approved by
the Office of the Administrator for the Courts.
Dated:_____________ _________________________
Judge/Commissioner
Presented by:
_____________________________________________
Signature and Washington State Bar Number, if applicable


4. Summons by Mail


SUPERIOR COURT OF WASHINGTON
COUNTY OF
NO.
In re the Marriage of:
SUMMONS BY MAIL
Petitioner
and
Respondent.
TO THE RESPONDENT:
1. The petitioner has started an action in the above court requesting:
[ ] that your marriage be dissolved.
[ ] a legal separation.
[ ] that your marriage be declared invalid.
Additional requests, if any, are stated in the petition, a copy of which is attached.
2. You must respond to this summons by serving a copy of your written response on the person signing this summons and by filing the original with the clerk of the court. If you do not serve your written response within 90 days from the date of mailing of this summons (90 days after the _______ day of ________, 20___), the court may enter an order of default against you, and at the end of 90 days after the service and filing, the court may, without further notice to you, enter a decree and approve or provide for other relief requested in this summons. If you serve a notice of appearance on the undersigned person, you are entitled to notice before an order of default or a decree may be entered.
3. Your written response to the summons must be on forms approved by the Office of the Administrator for the Courts. These forms may be obtained by contacting the clerk of the court or the Office of the Administrator for the Courts at:
Office of the Administrator for the Courts
Temple of Justice, AV-01
Olympia, Washington 98504
(206) 357-2129
4. If this action has not been filed with the court, you may demand that the petitioner file this action with the court. If you do so, the demand must be in writing and must be served upon the person publishing this summons. Within 14 days after you serve the demand, the petitioner must file this action with the court, or the service on you of this summons will be void.
5. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time.
6. One method of serving a copy of your response on the petitioner is to send it by certified mail with return receipt requested.
This summons is issued pursuant to RCW 4.28.100 and Superior Court Civil Rule 4.1 of the State of Washington.
Dated:______________ __________________________
Signature of Lawyer or
Petitioner (if petitioner
has no lawyer)
__________________________
Print or Type Name
(include Washington State
Bar Number, if applicable)
FILE ORIGINAL WITH THE CLERK SERVE A COPY OF YOUR
OF THE COURT AT: RESPONSE ON:
[ ] Petitioner
[ ] Petitioner's Lawyer
__________________________ __________________
(Name of Court) (Name)
__________________________ __________________
(Address) (Address)
__________________________ __________________
Phone:____________________ ___________________
Date Mailed: _______________


5. Summons for Modification of Child Support


SUPERIOR COURT OF WASHINGTON
COUNTY OF
NO.
In re:
SUMMONS FOR
Petitioner MODIFICATION OF
and CHILD SUPPORT
Respondent.
TO:
1. An action has been started against you in the above court requesting that the court modify the child support provisions of your support order. The requests are stated in the petition, a copy of which is served upon you with this summons.
2. You must respond to this summons and petition by filing a written answer with the clerk of the court and by serving a copy of your answer on the person signing this summons. You must also complete the Washington Child Support Schedule Worksheets served with this summons. The completed worksheets must be filed and served with your written answer.
3. Your written answer to the summons and petition must be on forms approved by the Office of the Administrator for the Courts. These forms may be obtained by contacting the clerk of the court, the Office of Support Enforcement, or the Office of the Administrator for the Courts at:
Office of the Administrator for the Courts
Temple of Justice, AV-01
Olympia, Washington 98504
(206) 357-2129
4. If you do not file and serve your written answer within 20 days (60 days if you are served outside of the State of Washington) after the date this summons was served on you, exclusive of the date of service, the court may, without further notice to you, enter a default judgment against you ordering the relief requested in the petition. If you serve a notice of appearance on the undersigned person, you are entitled to notice before an order of default may be entered.
5. You may demand that the other party file this action with the court. If you do so, the demand must be in writing and must be served upon the person signing this summons. Within 14 days after you serve the demand, the other party must file this action with the court, or the service of this summons and petition will be void.
6. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written answer, if any, may be served on time. Copies of these papers have not been served upon your attorney.
7. One method of serving your written answer and completed worksheets is to send them by certified mail with return receipt requested. This summons is issued pursuant to Superior Court Civil Rule 4.1 of the State of Washington.
Dated:______________ __________________________
Signature of Lawyer or
Petitioner (if petitioner
has no lawyer)
__________________________
Print or Type Name
(include Washington State
Bar Number, if applicable)
FILE ORIGINAL WITH THE CLERK SERVE A COPY OF YOUR
OF THE COURT AT: RESPONSE ON:
[ ] Petitioner
[ ] Petitioner's Lawyer
__________________________ __________________
(Name of Court) (Name)
__________________________ __________________
(Address) (Address)
__________________________ __________________
Phone:____________________ ___________________


6. Summons
(Modification of Parenting Plan)


SUPERIOR COURT OF WASHINGTON
COUNTY OF
NO.
In re:
SUMMONS (MODIFICATION
Petitioner OF CUSTODY DECREE OR
and PARENTING PLAN)
Respondent.
TO:
1. An action has been started in the above court requesting that a custody decree or parenting plan be modified. Additional requests, if any, are stated in the petition, a copy of which is attached to this notice.
2. You may file an opposing declaration. The court shall deny the motion unless it finds that adequate cause for hearing the petition is established by the declaration, in which case it shall set a date for hearing on an order to show cause why the requested order or modification should not be granted.
[ ] Temporary residential placement or custody is not being sought.
[ ] Temporary residential placement or custody is being sought. If adequate cause is found, the
court may proceed immediately to hear the motion for temporary placement/custody, or may
continue the matter to a later time.
3. You must respond to this notice and petition by serving a copy of your written response on the person signing this summons and by filing the original with the clerk of the court. If you do not serve your written response within 20 days (or 60 days if you are served outside of the State of Washington) after the date this summons was served on you, exclusive of the day of service, the court may enter an order of default against you, and after service and filing, the court may, without further notice to you, enter a decree to modify the custody decree or parenting plan and providing for other relief requested in the petition. If you serve a notice of appearance on the undersigned person, you are entitled to notice before an order of default or a decree may be entered.
4. Your written response to the petition (Form WPF DR 07.0200) must be on forms approved by the Office of the Administrator for the Courts. These forms may be obtained by contacting the clerk of the court, or by contacting the Office of the Administrator for the Courts at:
Office of the Administrator for the Courts
Temple of Justice, AV-01
Olympia, Washington 98504
(206) 357-2129
5. If this action has not been filed with the court, you may demand that the petitioner file this action with the court. If you do so, the demand must be in writing and must be served upon the person signing this notice. Within 14 days after you serve the demand, the petitioner must file this action with the court, or the service on you of that notice and motion will be void.
6. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time.
7. One method of serving a copy of your response on the petitioner is to send it by certified mail with return receipt requested. This summons is issued pursuant to Superior Court Civil Rule 4.1 of the State of Washington.

Dated:______________ __________________________
Signature of Lawyer or
Petitioner (if petitioner
has no lawyer)
__________________________
Print or Type Name
(include Washington State
Bar Number, if applicable)
FILE ORIGINAL WITH THE CLERK SERVE A COPY OF YOUR
OF THE COURT AT: RESPONSE ON:
[ ] Petitioner
[ ] Petitioner's Lawyer
__________________________ __________________
(Name of Court) (Name)
__________________________ __________________
(Address) (Address)
__________________________ __________________
Phone:____________________ ___________________



Revised Code of Washington

RCW 4.28.080 Summons, how served. Service made in the modes provided in this section shall be taken and held to be personal service. The summons shall be served by delivering a copy thereof, as follows:
(1) If the action be against any county in this state, to the county auditor or, during normal office hours, to the deputy auditor, or in the case of a charter county, summons may be served upon the agent, if any, designated by the legislative authority.
(2) If against any town or incorporated city in the state, to the mayor, city manager, or, during normal office hours, to the mayor's or city manager's designated agent or the city clerk thereof.
(3) If against a school or fire district, to the superintendent or commissioner thereof or by leaving the same in his or her office with an assistant superintendent, deputy commissioner, or business manager during normal business hours.
(4) If against a railroad corporation, to any station, freight, ticket or other agent thereof within this state.
(5) If against a corporation owning or operating sleeping cars, or hotel cars, to any person having charge of any of its cars or any agent found within the state.
(6) If against a domestic insurance company, to any agent authorized by such company to solicit insurance within this state.
(7) If against a foreign or alien insurance company, as provided in chapter 48.05 RCW.
(8) If against a company or corporation doing any express business, to any agent authorized by said company or corporation to receive and deliver express matters and collect pay therefor within this state.
(9) If the suit be against a company or corporation other than those designated in the preceding subdivisions of this section, to the president or other head of the company or corporation, the registered agent, secretary, cashier or managing agent thereof or to the secretary, stenographer or office assistant of the president or other head of the company or corporation, registered agent, secretary, cashier or managing agent.
(10) If the suit be against a foreign corporation or nonresident joint stock company, partnership or association doing business within this state, to any agent, cashier or secretary thereof.
(11) If against a minor under the age of fourteen years, to such minor personally, and also to his or her father, mother, guardian, or if there be none within this state, then to any person having the care or control of such minor, or with whom he or she resides, or in whose service he or she is employed, if such there be.
(12) If against any person for whom a guardian has been appointed for any cause, then to such guardian.
(13) If against a foreign or alien steamship company or steamship charterer, to any agent authorized by such company or charterer to solicit cargo or passengers for transportation to or from ports in the state of Washington.
(14) If against a self-insurance program regulated by chapter 48.62 RCW, as provided in chapter 48.62 RCW.
(15) In all other cases, to the defendant personally, or by leaving a copy of the summons at the house of his or her usual abode with some person of suitable age and discretion then resident therein.
(16) In lieu of service under subsection (15) of this section, where the person cannot with reasonable diligence be served as described, the summons may be served as provided in this subsection, and shall be deemed complete on the tenth day after the required mailing: By leaving a copy at his or her usual mailing address with a person of suitable age and discretion who is a resident, proprietor, or agent thereof, and by thereafter mailing a copy by first class mail, postage prepaid, to the person to be served at his or her usual mailing address. For the purposes of this subsection, "usual mailing address" shall not include a United States postal service post office box or the person's place of employment.
[1997 c 380 1; 1996 c 223 1; 1991 sp.s. c 30 28; 1987 c 361 1; 1977 ex.s. c 120 1; 1967 c 11 1; 1957 c 202 1; 1893 c 127 7; RRS 226, part. FORMER PART OF SECTION: 1897 c 97 1 now codified in RCW 4.28.081.]
NOTES:
Rules of court: Service of process - CR 4(d), (e).
Effective date, implementation, application - Severability - 1991 sp.s. c 30: See RCW 48.62.900 and 48.62.901.
Severability - 1977 ex.s. c 120: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 120 3.]
Service of process on:
foreign corporation: RCW 23B.15.100 and 23B.15.310.
foreign savings and loan association: RCW 33.32.050.
nonadmitted foreign corporation: RCW 23B.18.040.
nonresident motor vehicle operator: RCW 46.64.040.
Case Note:
Failing to come to door to receive service of process does not constitute evasion of service; those who are to be served with process are under no obligation to arrange time and place for service or to otherwise accommodate process server. Weiss v. Glemp, 127 Wash.2d 726, 903 P.2d 455 (1995).
RCW 4.28.180 Personal service out of state. Personal service of summons or other process may be made upon any party outside the state. If upon a citizen or resident of this state or upon a person who has submitted to the jurisdiction of the courts of this state, it shall have the force and effect of personal service within this state; otherwise it shall have the force and effect of service by publication. The summons upon the party out of the state shall contain the same and be served in like manner as personal summons within the state, except it shall require the party to appear and answer within sixty days after such personal service out of the state.
[1959 c 131 1; 1895 c 86 3; 1893 c 127 11; RRS 234.]
NOTES:
Rules of court: Cf. CR 4(e), CR 12(a), CR 82(a).
Service of process on nonresident motor vehicle operator: RCW 46.64.040.

RULE 45 SUBPOENA

(a) For Attendance of Witnesses. The subpoena shall be issued as follows:
(1) Form. To require attendance before a court of record or at the trial of an issue therein, such subpoena may be issued in the name of the State of Washington and be under the seal of the court before which the attendance is required or in which the issue is pending: Provided, That such subpoena may be issued with like effect by the attorney of record of the party to the action in whose behalf the witness is required to appear, and the form of such subpoena in each case may be the same as when issued by the court except that it shall only be subscribed by the signature of such attorney.
(2) Issuance for Trial. To require attendance before a court of record or at the trial of an issue of fact, the subpoena may be issued by the clerk in response to a praecipe or by an attorney of record.
(3) Issuance for Deposition. To require attendance out of such court before a judge, justice of the peace, commissioner, referee or other officer authorized to administer oaths or to take testimony in any matter under the laws of this state, it shall be issued by an attorney of record or by such judge, justice of the peace, commissioner, referee or other officer before whom the attendance is required.

(b) For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.

(c) Service. A subpoena may be served by any suitable person over 18 years of age, by exhibiting and reading it to the witness, or by giving him a copy thereof, or by leaving such copy at the place of his abode. When service is made by any other person than an officer authorized to serve process, proof of service shall be made by affidavit.

(d) Subpoena for Taking Depositions; Place of Examination.
(1) Authorization. Proof of service of a notice to take a deposition as provided in rules 30 (b) and 31 (a) constitutes a sufficient authorization for the issuance by the attorney of record or the officer taking the deposition of subpoenas for the persons named or described therein. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain matters within the scope of the examination permitted by rule 26 (b), but in that event the subpoena will be subject to the provisions of rule 26 (c) and section (b) of this rule. The person to whom the subpoena is directed may, within 10 days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than 10 days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may, if objection has been made, move upon notice to the deponent for an order at any time before or during the taking of the deposition.
(2) Place of Examination. A resident of the state may be required to attend an examination only in the county wherein he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of the court. A nonresident of the state may be required to attend only in the county wherein he is served with a subpoena, or within 40 miles from the place of service or at such other convenient place as is fixed by an order of the court.
(3) Foreign Depositions for Local Actions. When the place of examination is in another state, territory, or country, the party desiring to take the deposition may secure the issuance of a subpoena or equivalent process in accordance with the laws of such state, territory or country to require the deponent to attend the examination.
(4) Local Depositions for Foreign Actions. When any officer or person is authorized to take depositions in this state by the law of another state, territory or country, with or without a commission, a subpoena to require attendance before such officer or person may be issued by any judge or justice of the peace of this state for attendance at any places within his jurisdiction.

(e) Subpoena for Hearing or Trial. [Reserved. See RCW 5.56.010.]
(f) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued.
(g) When Excused. A witness subpoenaed to attend in a civil case is dismissed and excused from further attendance as soon as he has given his testimony in chief and has been cross-examined thereon, unless either party moves in open court that the witness remain in attendance and the court so orders; and witness fees will not be allowed any witness after the day on which his testimony is given, except when the witness has in open court been required to remain in further attendance, and when so required the clerk shall note that fact in the minutes.
[Amended effective July 1, 1972; September 1, 1983; September 1, 1993.]

FORMS


Subpoena - For Attendance of Witness


[Caption]
To: ___1______.
In the name of the State of Washington you are hereby required to appear before ___2___, a judge of the above court, in and for the County of ___3___, State of Washington, on the ___4___ day of ___5___, 19___6___, at ___7___ o'clock ___8___.m., at the courtroom of said court, to give evidence in a certain cause, then and there to be tried, between ___9___, plaintiff, and ___10___, defendant, on the part of ___11___.
Dated ___12___, 20___13___.
___14______
Attorney for ___15______


Affidavit of Service of Subpoena


[Caption]
State of Washington, ) ss.
County of ___1______, )
___2___, being first duly sworn, on oath, says and deposes:
That on the ___3___ day of ___4___, 20___5___, he served the attached subpoena by giving a copy thereof to the person named therein.
___6______
[Signature and Address]
[Jurat]




RCW 18.180.010 Registration - Exceptions.
(1) A person who serves legal process for a fee in the state of Washington shall register as a process server with the auditor of the county in which the process server resides or operates his or her principal place of business.
(2) The requirement to register under subsection (1) of this section does not apply to any of the following persons:
(a) A sheriff, deputy sheriff, marshal, constable, or government employee who is acting in the course of employment;
(b) An attorney or the attorney's employees, who are not serving process on a fee basis;
(c) A person who is court appointed to serve the court's process;
(d) An employee of a person who is registered under this section;
(e) A person who does not receive a fee or wage for serving process.
[1992 c 125 1.]

RCW 18.180.020 Registration renewal. A process server required to register under RCW 18.180.010 must renew the registration within one year of the date of the initial registration or when the registrant changes his or her name, the name of his or her business, business address, or business telephone number, whichever occurs sooner. If the renewal is required because of a change in the information identifying the process server, the process server must renew the registration within ten days of the date the identifying information changes. The process server shall pay the registration fee upon renewal.
[1992 c 125 3.]

RCW 18.180.030 Identification of process server on proof of service.
(1) A process server required to register under RCW 18.180.010 shall indicate the process server's registration number and the process server's county of registration on any proof of service the process server signs.
(2) Employees of a process server required to register under RCW 18.180.010 shall indicate the employer's registration number and the employer's county of registration on any proof of service the registrant's employee signs.
[1992 c 125 4.]

RCW 18.180.040 Collection of costs of service - Application.
(1) Except as provided in subsection (2) of this section, any person who is otherwise entitled to collect the costs of service of process shall not be entitled to collect those costs if the person does not use a process server who under this chapter either is required to register or is exempt from the registration requirement.
(2) The person may collect the costs of the service of process if the process server registers within forty-five days after serving the process.
(2) This section shall apply to all process served on or after August 1, 1992.
[1992 c 125 5.]

RCW 18.180.050 Registration suspension - Nonpayment or default on educational loan or scholarship. The auditor of the county shall suspend the registration of any person who has been certified by a lending agency and reported to the auditor of the county for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service- conditional scholarship. The person's registration shall not be reissued until the person provides the auditor of the county a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for registration during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the auditor of the county may impose.
[1996 c 293 25.]
NOTES: Severability - 1996 c 293: See note following RCW 18.04.420.