FINAL BILL REPORT

HB 1199

                                  C 361 L 87

BYRepresentative P. King 

Designating appropriate individuals to receive service of process.

House Committe on Judiciary

Senate Committee on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

The initiating party in a lawsuit is generally required to serve legal papers ("service of process" or "summons") on the other party.  Service of process must be made on the person or official designated by statute.  For a county, service must be made on the county auditor; for a city or town, against the mayor; and for a school district, against the superintendent. For a company or corporation not otherwise specifically covered by particular provisions, service of process must be made against the president or other head of the company or corporation, or against one of several other named persons.  Recent court decisions hold that substantial compliance with these procedures is not sufficient.  Personal service must be made on the person designated by statute.  Leaving the summons in the designated person's office does not suffice.

SUMMARY:

Several changes are made with respect to the person or official upon whom service of process may be made.  For a county, the summons may be delivered to the auditor or left in his or her office with a deputy auditor.  In an action against any town or incorporated city, the summons may be delivered to the mayor or city manager, or, during normal office hours, to a designated staff person or the city clerk.  In an action against a school or fire district, the summons may be delivered to the superintendent or commissioner, or left in the office with an assistant or business manager.  If the action is against a company or corporation not otherwise covered, delivery of the summons may be to the president or other head of the company or corporation, or to any one of a number of specified persons including registered agents, cashiers, assistants or secretaries.

VOTES ON FINAL PASSAGE:

      House 98   0

      Senate    46     0(Senate amended)

      House 94   0(House concurred)

EFFECTIVE:July 26, 1987