AN ACT Relating to
service of process; and amending RCW 4.28.080.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 4.28.080 and 1991
sp.s. c 30 s 28 are each amended to read as follows:
Service made in the
modes provided in this section shall be taken and held to be personal service.
The summons shall be served by delivering a copy thereof, as follows:
(1) If the action be
against any county in this state, to the county auditor or, during normal
office hours, to the deputy auditor, or in the case of a charter county,
summons may be served upon the agent, if any, designated by the legislative
authority.
(2) If against any town
or incorporated city in the state, to the mayor, city manager, or, during
normal office hours, to the mayor's or city manager's designated agent or the
city clerk thereof.
(3) If against a school
or fire district, to the superintendent or commissioner thereof or by leaving
the same in his or her office with an assistant superintendent, deputy
commissioner, or business manager during normal business hours.
(4) If against a
railroad corporation, to any station, freight, ticket or other agent thereof
within this state.
(5) If against a
corporation owning or operating sleeping cars, or hotel cars, to any person
having charge of any of its cars or any agent found within the state.
(6) If against a
domestic insurance company, to any agent authorized by such company to solicit
insurance within this state.
(7) If against a
foreign or alien insurance company, as provided in chapter 48.05 RCW.
(8) If against a
company or corporation doing any express business, to any agent authorized by
said company or corporation to receive and deliver express matters and collect
pay therefor within this state.
(9) If the suit be
against a company or corporation other than those designated in the preceding
subdivisions of this section, to the president or other head of the company or
corporation, the registered agent, secretary, cashier or managing agent thereof
or to the secretary, stenographer or office assistant of the president or other
head of the company or corporation, registered agent, secretary, cashier or
managing agent.
(10) If the suit be
against a foreign corporation or nonresident joint stock company, partnership
or association doing business within this state, to any agent, cashier or
secretary thereof.
(11) If against a minor
under the age of fourteen years, to such minor personally, and also to his or
her father, mother, guardian, or if there be none within this state, then
to any person having the care or control of such minor, or with whom he or
she resides, or in whose service he or she is employed, if such
there be.
(12) If against any
person for whom a guardian has been appointed for any cause, then to such
guardian.
(13) If against a
foreign or alien steamship company or steamship charterer, to any agent
authorized by such company or charterer to solicit cargo or passengers for
transportation to or from ports in the state of Washington.
(14) If against a self‑insurance
program regulated by chapter 48.62 RCW, as provided in chapter 48.62 RCW.
(15) In all other
cases, to the defendant personally, or by leaving a copy of the summons at the
house of his or her usual abode with some person of suitable age and
discretion then resident therein.
((Service made in
the modes provided in this section shall be taken and held to be personal
service.))
(16) In lieu of
service under subsection (15) of this section, where the person cannot with
reasonable diligence be served as described, the summons may be served as
provided in this subsection, and shall be deemed complete on the tenth day
after the required mailing:
(a) By leaving a
copy at his or her usual mailing address other than a United States postal
service post office box with a person of suitable age and discretion then
resident therein or, if the address is a place of business, with the secretary,
office manager, vice-president, president, or other head of the company, or
with the secretary or office assistant to such secretary, office manager,
vice-president, president, or other head of the company, and by thereafter
mailing a copy by first class mail, postage prepaid, to the person to be served
at his or her usual mailing address other than a United States postal service
post office box; or
(b) By leaving a
copy at his or her place of employment, during usual business hours, with the
secretary, office manager, vice-president, president, or other head of the
company, or with the secretary or office assistant to such secretary, office
manager, vice-president, president, or other head of the company, and by
thereafter mailing a copy by first class mail, postage prepaid, to the person
to be served at his or her place of employment.
