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.
(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.
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