Washington State Process Service

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The rules for Service of Process in Washington State are governed by the Washington Court Rules (particularly the Superior Court Civil Rules, abbreviated as CR). Below is an overview of the key aspects:

1. Who Can Serve Process

  • Service can be made by any competent person who is at least 18 years old and not a party to the case (CR 4(c)).
  • Process servers do not need to be licensed or registered in Washington, but professional servers are commonly used.

2. Methods of Service

Washington allows several methods of service depending on the nature of the case and the location of the defendant:

A. Personal Service (CR 4(d)(2))

  • The summons and complaint must be delivered personally to the individual being served.
  • For corporations or other business entities, service must be made on the registered agent, an officer, or another authorized representative.

B. Substitute Service

  • If personal service is not possible, documents can be left with someone of suitable age and discretion at the defendant’s usual place of residence.

C. Service by Mail

  • In limited circumstances and with court approval, service by mail is allowed. This typically requires a return receipt and proof of delivery.

D. Service by Publication (CR 4(d)(3))

  • If the defendant cannot be located after due diligence, service by publication in a newspaper of general circulation may be permitted with court approval.

3. Timeframes for Service

  • Service must typically be completed within 90 days after filing the complaint (CR 4(i)).
  • If service is not accomplished within this period, the action may be dismissed unless the court grants an extension for good cause.

4. Proof of Service

  • Proof of service must be filed with the court. This includes an affidavit of service or declaration signed by the person who completed the service, detailing when, where, and how service was accomplished (CR 4(g)).

5. Service Outside of Washington (CR 4(e))

  • Service of process outside Washington is permitted if the court has jurisdiction. It must comply with the laws of the state where service is performed or Washington's requirements for personal service.