S-3971.1 _______________________________________________
SUBSTITUTE SENATE BILL 6513
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State of Washington 57th Legislature 2002 Regular Session
By Senate Committee on Judiciary (originally sponsored by Senators Kline, Kastama, Long and Johnson)
READ FIRST TIME 02/08/2002.
AN ACT Relating to service of summons for persons who cannot be found in this state; and amending RCW 46.64.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 46.64.040 and 1993 c 269 s 16 are each amended to read as follows:
The
acceptance by a nonresident of the rights and privileges conferred by law in
the use of the public highways of this state, as evidenced by his or her
operation of a vehicle thereon, or the operation thereon of his or her vehicle
with his or her consent, express or implied, shall be deemed equivalent to and
construed to be an appointment by such nonresident of the secretary of state of
the state of Washington to be his or her true and lawful attorney upon whom may
be served all lawful summons and processes against him or her growing out of
any accident, collision, or liability in which such nonresident may be involved
while operating a vehicle upon the public highways, or while his or her vehicle
is being operated thereon with his or her consent, express or implied, and such
operation and acceptance shall be a signification of the nonresident's
agreement that any summons or process against him or her which is so served
shall be of the same legal force and validity as if served on the nonresident
personally within the state of Washington. Likewise each resident of this
state who, while operating a motor vehicle on the public highways of this
state, is involved in any accident, collision, or liability and
thereafter at any time within the following three years ((departs
from)) cannot, after a due and diligent search, be found in this
state appoints the secretary of state of the state of Washington as his or her
lawful attorney for service of summons as provided in this section for
nonresidents. Service of such summons or process shall be made by leaving two
copies thereof with a fee established by the secretary of state by rule with
the secretary of state of the state of Washington, or at the secretary of
state's office, and such service shall be sufficient and valid personal service
upon said resident or nonresident: PROVIDED, That notice of such service and a
copy of the summons or process is forthwith sent by registered mail with return
receipt requested, by plaintiff to the defendant at the last known address of
the said defendant, and the plaintiff's affidavit of compliance herewith are
appended to the process, together with the affidavit of the plaintiff's
attorney that the attorney has with due diligence attempted to serve personal
process upon the defendant at all addresses known to him or her of defendant
and further listing in his or her affidavit the addresses at which he or she
attempted to have process served. However, if process is forwarded by
registered mail and defendant's endorsed receipt is received and entered as a
part of the return of process then the foregoing affidavit of plaintiff's
attorney need only show that the defendant received personal delivery by mail:
PROVIDED FURTHER, That personal service outside of this state in accordance
with the provisions of law relating to personal service of summons outside of
this state shall relieve the plaintiff from mailing a copy of the summons or
process by registered mail as hereinbefore provided. The secretary of state
shall forthwith send one of such copies by mail, postage prepaid, addressed to
the defendant at the defendant's address, if known to the secretary of state.
The court in which the action is brought may order such continuances as may be
necessary to afford the defendant reasonable opportunity to defend the action.
The fee paid by the plaintiff to the secretary of state shall be taxed as part
of his or her costs if he or she prevails in the action. The secretary of
state shall keep a record of all such summons and processes, which shall show
the day of service.
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