| Passed by the Senate March 2, 2005 YEAS 48 ________________________________________ President of the Senate Passed by the House April 5, 2005 YEAS 93 ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5053 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 01/12/2005. Referred to Committee on Judiciary.
AN ACT Relating to service by publication in actions to establish or modify parenting plans, for legal separation or invalidity of marriage, and for nonparental custody; and amending RCW 4.28.100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 4.28.100 and 1981 c 331 s 13 are each amended to read
as follows:
When the defendant cannot be found within the state, and upon the
filing of an affidavit of the plaintiff, his agent, or attorney, with
the clerk of the court, stating that he believes that the defendant is
not a resident of the state, or cannot be found therein, and that he
has deposited a copy of the summons (substantially in the form
prescribed in RCW 4.28.110) and complaint in the post office, directed
to the defendant at his place of residence, unless it is stated in the
affidavit that such residence is not known to the affiant, and stating
the existence of one of the cases hereinafter specified, the service
may be made by publication of the summons, by the plaintiff or his
attorney in any of the following cases:
(1) When the defendant is a foreign corporation, and has property
within the state;
(2) When the defendant, being a resident of this state, has
departed therefrom with intent to defraud his creditors, or to avoid
the service of a summons, or keeps himself concealed therein with like
intent;
(3) When the defendant is not a resident of the state, but has
property therein and the court has jurisdiction of the subject of the
action;
(4) When the action is for ((divorce)) (a) establishment or
modification of a parenting plan or residential schedule; or (b)
dissolution of marriage, legal separation, or declaration of
invalidity, in the cases prescribed by law;
(5) When the action is for nonparental custody under chapter 26.10
RCW and the child is in the physical custody of the petitioner;
(6) When the subject of the action is real or personal property in
this state, and the defendant has or claims a lien or interest, actual
or contingent, therein, or the relief demanded consists wholly, or
partly, in excluding the defendant from any interest or lien therein;
(((6))) (7) When the action is to foreclose, satisfy, or redeem
from a mortgage, or to enforce a lien of any kind on real estate in the
county where the action is brought, or satisfy or redeem from the same;
(((7))) (8) When the action is against any corporation, whether
private or municipal, organized under the laws of the state, and the
proper officers on whom to make service do not exist or cannot be
found;
(((8))) (9) When the action is brought under RCW 4.08.160 and
4.08.170 to determine conflicting claims to property in this state.