FINAL BILL REPORT

                  SSB 5167

                          C 223 L 96

                      Synopsis as Enacted

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

Sponsors:  Senate Committee on Law & Justice (originally sponsored by Senator Smith).

Senate Committee on Law & Justice

House Committee on Law & Justice

Background:  When a party commences a civil action against another party, the party initiating the lawsuit must serve process on the other party.  Service of process is necessary for the court to have jurisdiction over the defendant.  If the action is against an individual, the defendant must be served personally, or a copy of the summons must be left at the defendant's usual abode with a person of suitable age and discretion who resides there.

Summary:  If personal service cannot be achieved with reasonable diligence, service of process may be made by mailing a copy of the process to the defendant and by:  (1) leaving a copy at his or her usual mailing address with a person of suitable age and discretion, if the address is a residence, or an office manager, cashier, executive officer or their assistants, if the address is a business; or (2) leaving a copy at his or her place of employment with an office manager, cashier, executive officer or their assistants.

Votes on Final Passage:

Senate    47 0

House     96 0 (House amended)

Senate    46 1 (Senate concurred)

Effective:  June 6, 1996