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 1996 c 223 s 1 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.
(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)) who is a resident, proprietor, or agent thereof, 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)). For the purposes of this subsection,
"usual mailing address" shall not include a United States postal
service post office box or the person's place of employment.
