Washington Return of Service is a law in the state of Washington that requires legal documents, such as summons and complaints, to be served to the defendant by a third party, such as a professional process server or sheriff. This type of service is also referred to as "personal service" because it ensures that the defendant is personally served with the legal documents. There are two types of Washington Return of Service: (1) personal service, which is when the legal documents are served directly to the defendant; and (2) substituted service, which is when the legal documents are served to someone other than the defendant, such as an adult family member or the defendant’s employer, if the defendant is not available. For both types of service, a return of service must be filed with the court. The return of service is a sworn statement from the process server or sheriff that the documents were served on the defendant.
Washington Return of Service
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FAQ
If you do not serve your written response within 20 days (or 60 days if you are served outside of the State of Washington) after the date this summons was served on you, exclusive of the day of service, the court may enter an order of default against you, and after service and filing, the court may, without further
Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.
(2) (A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial.
In an action begun by seizure of property, in which no person need be or is named as defendant, any service required to be made prior to the filing of an answer, claim, or appearance shall be made upon the person having custody or possession of the property at the time of its seizure.
Rule 42 - Independence of Public Defense Services Effective January 1, 2023 (a) Purpose and policy. The purpose of this rule is to safeguard the independence of public defense services from judicial influence or control.
Civ. P. 26(b)(1). Rule 45 allows a party in a federal civil lawsuit to serve a subpoena on any person, including a nonparty.
In Washington, you must always try to have the other party personally served. If you absolutely cannot have them served this way, you can ask court permission to serve them by mail or publication.
When a cause is set and called for trial, it shall be tried or dismissed, unless good cause is shown for a continuance. The court may in a proper case, and upon terms, reset the same.