S-4767               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6239

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Nelson, Talmadge, Madsen and Moore)

Read first time 1/31/90.

AN ACT Relating to service of process; and amending RCW 12.04.040, 12.04.050, 12.04.080, and 12.04.090.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 22, page 337, Laws of 1873 as last amended by section 1, chapter 181, Laws of 1925 ex. sess. and RCW 12.04.040 are each amended to read as follows:

          The complaint and notice shall be served at least five days before the time mentioned in the notice for the defendant to appear and answer the complaint, by delivering to the defendant, or leaving at his or her place of abode, with some person over twelve years of age, a true copy of the complaint and notice.  At the request of the plaintiff, the process server may serve the defendant by registered or certified mail.

        Sec. 2.  Section 23, page 337, Laws of 1873 as last amended by section 1102, chapter 442, Laws of 1987 and RCW 12.04.050 are each amended to read as follows:

          All process issued by district court judges of the state and all executions and writs of attachment or of replevin shall be served by a sheriff or a deputy, but a summons or notice and complaint may be served by any citizen of the state of Washington over the age of eighteen years and not a party to the action; or by mail as described in RCW 12.04.040.

        Sec. 3.  Section 25, page 337, Laws of 1873 as last amended by section 12, chapter 292, Laws of 1971 ex. sess. and RCW 12.04.080 are each amended to read as follows:

          Any justice may, by appointment in writing, authorize any person other than the parties to the proceeding, or action, to serve any subpoena, summons, or notice and complaint issued by such justice; and any such person making such service shall return on such process or paper, in writing, the time and manner of service, and shall sign his or her name to such return, and be entitled to like fees for making such service as a sheriff or constable, and shall indorse his or her fees for service thereon:  PROVIDED, It shall not be lawful for any justice to issue process or papers to any person but a regularly qualified sheriff or constable, in any precinct where such officers reside, unless from sickness or some other cause said sheriff or constable is not able to serve the same:  PROVIDED FURTHER, That it shall be lawful for notice and complaint or summons in a civil action in the justice court to be served by any person eighteen years of age or over and not a party to the action in which the summons or notice and complaint shall be issued, or by mail as described in RCW 12.04.040, without previous appointment by the justice.

        Sec. 4.  Section 26, page 337, Laws of 1873 as amended by section 1719, Code of 1881 and RCW 12.04.090 are each amended to read as follows:

          Proof of service in ((either)) any of the above cases shall be as follows:  When made by a constable or sheriff his or her return signed by him or her and indorsed on the paper or process.  When made by any person other than such officer, then by the affidavit of the person making the service.  When made by mail, the filing of the return receipt as required by RCW 12.04.040.