SENATE BILL REPORT

                           ESB 5018

              AS PASSED SENATE, JANUARY 28, 1994

Brief Description:  Allowing service of process on a marital community by serving either spouse.

SPONSORS: Senator Nelson

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass. 

     Signed by Senators A. Smith, Chairman; Ludwig, Vice Chairman; Nelson, Quigley, Roach and Spanel.

Staff:  Dick Armstrong (786‑7460)

Hearing Dates: January 22, 1993; January 27, 1993; January 11, 1994; January 12, 1994

BACKGROUND:

In an action against one or both spouses of a marital community, service of process is made on both spouses by serving each spouse personally or by leaving a copy of the summons for each spouse at their residence with a person of suitable age and discretion.

It would reduce time delays and costs of litigation if, in actions against one or both spouses of a marital community, service of process could be accomplished by serving either spouse personally or by leaving a copy of the summons at their residence.

SUMMARY:

Service of process may be obtained against one or both spouses of a marital community by serving either spouse personally or by leaving a copy of the summons at their home.  A summons must be served on each spouse if they do not reside together.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

TESTIMONY FOR:

The bill will reduce the costs of lawsuits if either spouse of a marital community can be served individually, but have service treated as if both spouses had been served.

TESTIMONY AGAINST:  None

TESTIFIED:  Mark Gjurasic, Kevin Underwood, Washington Collectors Association