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SUBSTITUTE
SENATE BILL 5241
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Passed
Legislature - 2001 Regular Session
State of Washington 57th
Legislature 2001 Regular Session
By
READ FIRST TIME 02/07/01.
Changing
provisions relating to venue.
AN
ACT Relating to venue; and amending RCW 3.66.040 and 4.12.020.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
3.66.040 and 1988 c 71 s 1 are each amended to read as follows:
(1)
An action arising under RCW 3.66.020 (1), (((2) except for the recovery of
possession of personal property,)) (4), (6), (7), and (9) may be brought in
any district in which the defendant, or, if there be more than one defendant,
where some one of the defendants, resides at the time the complaint is filed or
in which the defendant, or if there be more than one defendant, where some one
of the defendants may be served with the notice and complaint in which latter
case, however, the district where the defendant or defendants is or are served
must be within the county in which the ((said)) defendant or defendants
reside. If the residence of the defendant is not ascertained by reasonable efforts,
the action may be brought in the district in which the defendant's place of
actual physical employment is located.
(2)
An action arising under RCW 3.66.020(2) for the recovery of possession of
personal property and RCW 3.66.020(8) shall be brought in the district in which
the subject matter of the action or some part thereof is situated.
(3)
An action arising under RCW 3.66.020 (3) and (5) shall be brought in the
district in which the cause of action, or some part thereof arose.
(4)
An action arising under RCW 3.66.020(2) for the recovery of damages for
injuries to the person or for injury to personal property ((arising from a
motor vehicle accident)) may be brought, at the plaintiff's option, either
in the district in which the cause of action, or some part thereof, arose, or
in the district in which the defendant, or, if there be more than one
defendant, where some one of the defendants, resides at the time the complaint
is filed.
(5)
An action against a nonresident of this state may be brought in any district
where service of process may be had, or in which the cause of action or some
part thereof arose, or in which the plaintiff or one of them resides.
(6)
An action upon the unlawful issuance of a check or draft may be brought in
any district in which the defendant resides or may be brought in any district
in which the check was issued or presented as payment.
(7)
For the purposes of chapters 3.30 through 3.74 RCW, the residence of a
corporation defendant shall be deemed to be in any district where the
corporation transacts business or has an office for the transaction of business
or transacted business at the time the cause of action arose or where any
person resides upon whom process may be served upon the corporation, unless
herein otherwise provided.
Sec.
2. RCW
4.12.020 and 1941 c 81 s 1 are each amended to read as follows:
Actions
for the following causes shall be tried in the county where the cause, or some
part thereof, arose:
(1)
For the recovery of a penalty or forfeiture imposed by statute;
(2)
Against a public officer, or person specially appointed to execute his or
her duties, for an act done by him or her in virtue of his or her
office, or against a person who, by his or her command or in his or
her aid, shall do anything touching the duties of such officer;
(3) For the recovery of damages ((arising from a motor vehicle
accident; but in a cause arising because of motor vehicle accident)) for
injuries to the person or for injury to personal property, the plaintiff
shall have the option of suing either in the county in which the cause of
action or some part thereof arose, or in the county in which the defendant
resides, or if there be more than one defendant, where some one of the
defendants resides, at the time of the commencement of the action.
