S-0733.1 _______________________________________________
SENATE BILL 5241
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State of Washington 57th Legislature 2001 Regular Session
By Senators Johnson, Constantine, Sheahan, Kline, Costa, Zarelli and Roach
Read first time 01/17/2001. Referred to Committee on Judiciary.
AN ACT Relating to venue; and amending RCW 3.66.040 and 4.12.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 3.66.040 and 1988 c 71 s 1 are each amended to read as follows:
(1) An action arising
under RCW 3.66.020 (1), (((2) except for the recovery of possession of
personal property,)) (4), (6), (7), and (9) may be brought in any district
in which the defendant, or, if there be more than one defendant, where some one
of the defendants, resides at the time the complaint is filed or in which the
defendant, or if there be more than one defendant, where some one of the
defendants may be served with the notice and complaint in which latter case,
however, the district where the defendant or defendants is or are served must
be within the county in which the ((said)) defendant or defendants
reside. If the residence of the defendant is not ascertained by reasonable
efforts, the action may be brought in the district in which the defendant's
place of actual physical employment is located.
(2) An action arising under RCW 3.66.020(2) for the recovery of possession of personal property and RCW 3.66.020(8) shall be brought in the district in which the subject matter of the action or some part thereof is situated.
(3) An action arising under RCW 3.66.020 (3) and (5) shall be brought in the district in which the cause of action, or some part thereof arose.
(4) An action arising
under RCW 3.66.020(2) for the recovery of damages for injuries to the person or
for injury to personal property ((arising from a motor vehicle accident))
may be brought, at the plaintiff's option, either in the district in which the
cause of action, or some part thereof, arose, or in the district in which the
defendant, or, if there be more than one defendant, where some one of the
defendants, resides at the time the complaint is filed.
(5) An action against a nonresident of this state may be brought in any district where service of process may be had, or in which the cause of action or some part thereof arose, or in which the plaintiff or one of them resides.
(6) For the purposes of chapters 3.30 through 3.74 RCW, the residence of a corporation defendant shall be deemed to be in any district where the corporation transacts business or has an office for the transaction of business or transacted business at the time the cause of action arose or where any person resides upon whom process may be served upon the corporation, unless herein otherwise provided.
Sec. 2. RCW 4.12.020 and 1941 c 81 s 1 are each amended to read as follows:
Actions for the following causes shall be tried in the county where the cause, or some part thereof, arose:
(1) For the recovery of a penalty or forfeiture imposed by statute;
(2) Against a public officer, or person specially appointed to execute his or her duties, for an act done by him or her in virtue of his or her office, or against a person who, by his or her command or in his or her aid, shall do anything touching the duties of such officer;
(3) For
the recovery of damages ((arising from a motor vehicle accident; but in a
cause arising because of motor vehicle accident)) for injuries to the
person or for injury to personal property, the plaintiff shall have the
option of suing either in the county in which the cause of action or some part
thereof arose, or in the county in which the defendant resides, or if there be
more than one defendant, where some one of the defendants resides, at the time
of the commencement of the action.
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