S-3565.1 _______________________________________________
SENATE BILL 6513
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Senators Kline, Kastama, Long and Johnson
Read first time 01/18/2002. Referred to Committee on Judiciary.
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 within 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.
--- END ---