Title 12 — Title 12 DISTRICT COURTS—CIVIL PROCEDURE
8 chapters · 86 sections in this title.
RCW 12.04.010 Civil actions—Commencement.
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Civil actions in the several justices' courts of this state may be instituted either by the voluntary appearance and agreement of the parties, by the service of a summons, or by the service upon the defendant of a true copy of the complaint and notice, which notice shall be attac…
RCW 12.04.020 Action to recover debt—Summons—Service.
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A party desiring to commence an action before a justice of the peace, for the recovery of a debt by summons, shall file his or her claim with the justice of the peace, verified by his or her own oath, or that of his or her agent or attorney, and thereupon the justice of the peace…
RCW 12.04.030 Action by complaint and notice.
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Any person desiring to commence an action before a justice of the peace, by the service of a complaint and notice, can do so by filing his or her complaint verified by his or her own oath or that of his or her agent or attorney with the justice, and when such complaint is so file…
RCW 12.04.040 Service of complaint and notice.
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The complaint and notice shall be served at least five days before the time mentioned in the notice for the defendant to appear and answer the complaint, by delivering to the defendant, or leaving at his or her place of abode, with some person over twelve years of age, a true cop…
RCW 12.04.050 Process—Who may serve.
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All process issued by district court judges of the state and all executions and writs of attachment or of replevin shall be served by a sheriff or a deputy, but a summons or notice and complaint may be served by any citizen of the state of Washington over the age of eighteen year…
RCW 12.04.060 Process—Service by constable or sheriff.
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All process in actions and proceedings in justice courts, having a salaried constable, when served by an officer, shall be served by such constable or by the sheriff of the county or his or her duly appointed deputy; and all fees for such service shall be paid into the county tre…
RCW 12.04.070 Process—Return—Fees.
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Every constable or sheriff serving process or complaint and notice shall return in writing, the time, manner, and place of service and indorse thereon the legal fees therefor and shall sign his or her name to such return, and any person other than one of said officers serving sum…
RCW 12.04.080 Process—Service by person appointed by justice—Return—Exceptions.
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Any justice may, by appointment in writing, authorize any person other than the parties to the proceeding, or action, to serve any subpoena, summons, or notice and complaint issued by such justice; and any such person making such service shall return on such process or paper, in …
RCW 12.04.090 Proof of service.
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Proof of service in either of the above cases shall be as follows: When made by a constable or sheriff his or her return signed by him or her and indorsed on the paper or process. When made by any person other than such officer, then by the affidavit of the person making the serv…
RCW 12.04.100 Service by publication.
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In case personal service cannot be had by reason of the absence of the defendant from the county in which the action is sought to be commenced, it shall be proper to publish the summons or notice with a brief statement of the object and prayer of the claim or complaint, in some n…
RCW 12.04.110 Proof of service by publication.
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Proof of service, in case of publication, shall be the affidavit of the publisher, printer, foreperson, or principal clerk, showing the same.[ 2010 c 8 s 3008; Code 1881 s 1721; 1873 p 338 s 28; RRS s 1767.]
RCW 12.04.120 Written admission as proof of service.
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The written admission of the defendant, his or her agent or attorney, indorsed upon any summons, complaint and notice, or other paper, shall be complete proof of service in any case.[ 2010 c 8 s 3009; Code 1881 s 1722; 1873 p 338 s 29; RRS s 1768.]
RCW 12.04.130 Jurisdiction, when acquired.
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The court shall be deemed to have obtained possession of the case from the time the complaint or claim is filed, after completion of service, whether by publication or otherwise, and shall have control of all subsequent proceedings. In the case of proceedings to civilly enforce a…
RCW 12.04.140 Action by person under eighteen years.
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Except as provided under RCW 7.105.100, no action shall be commenced by any person under the age of eighteen years, except by his guardian, or until a next friend for such a person shall have been appointed. Whenever requested, the justice shall appoint some suitable person, who …
RCW 12.04.150 Action against defendant under eighteen years—Guardian ad litem.
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After service and return of process against a defendant under the age of eighteen years, the action shall not be further prosecuted, until a guardian for such defendant shall have been appointed, except as provided under RCW 7.105.100. Upon the request of such defendant, the just…
RCW 12.04.160 Time for appearance.
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The parties shall be entitled to one hour in which to make their appearance after the time mentioned in the summons or notice for appearance, but shall not be required to remain longer than that time, unless both parties appear; and the justice being present, is actually engaged …
RCW 12.04.170 Security for nonresident costs.
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Whenever the plaintiff in an action, or in a garnishment or other proceeding is a nonresident of the county or begins such action or proceeding as the assignee of some other person, or of a firm or corporation, as to all causes of action sued upon, the justice may require of him …
RCW 12.04.180 Cost bond in lieu of security.
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In lieu of separate security for each action or proceeding in any court, the plaintiff may cause to be executed and filed in the court a bond in the penal sum of fifty dollars running to the state of Washington, with surety approved by the court, and conditioned for the payment o…
RCW 12.04.190 Penalty for failure to execute process or false return.
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If any officer, without showing good cause therefor, fail to execute any process to him or her delivered, and make due return thereof, or make a false return, such officer, for every such offense, shall pay to the party injured ten dollars, and all damage such party may have sust…
RCW 12.04.200 Forms or equivalents prescribed.
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The forms or equivalent forms as set forth in RCW 12.04.201 through 12.04.208 may be used by justices of the peace, in civil actions and proceedings under this chapter.[ 1957 c 89 s 3. Prior: Code 1881 s 1885, part; 1873 p 373 c 16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, p…
RCW 12.04.201 Form of subpoena.
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FORM OF SUBPOENAState of Washington,County of . . . . . . . . . . . . . . .,ss.To . . . . . . . . . . . . . . :In the name of the state of Washington, you are hereby required to appear before the undersigned, one of the justices of the peace in and for said county, on the . …
RCW 12.04.203 Form of execution—Form of execution against principal and surety, after expiration of stay of execution.
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FORM OF EXECUTIONState of Washington,County of . . . . . . . . . . . . . . .,ss.To the sheriff or any constable of said county:Whereas, judgment against C D, for the sum of . . . . . . . . . dollars, and . . . . . . . . . dollars cost of suit, was recovered on the . . . . da…
RCW 12.04.204 Form of order in replevin.
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FORM OF ORDER IN REPLEVINState of Washington,County of . . . . . . . . . . . . . . .,ss.To the sheriff or any constable of said county:In the name of the state of Washington, you are hereby commanded to take the personal property mentioned and described in the within affidav…
RCW 12.04.205 Form of a writ of attachment.
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FORM OF A WRIT OF ATTACHMENTState of Washington,County of . . . . . . . . . . . . . . .,ss.To the sheriff or any constable of said county:In the name of the state of Washington, you are commanded to attach, and safely keep, the goods and chattels, moneys, effects and credits…
RCW 12.04.206 Form of undertaking in replevin.
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FORM OF UNDERTAKING IN REPLEVINWhereas, A B, plaintiff, has commenced an action before J P, one of the justices of the peace in and for . . . . . . county, against C D, defendant, for the recovery of certain personal property, mentioned and described in the affidavit of the plain…
RCW 12.04.207 Form of undertaking in attachment—Form of undertaking to discharge attachment.
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FORM OF UNDERTAKING IN ATTACHMENTWhereas, an application has been made by A B, plaintiff, to J P, one of the justices of the peace in and for . . . . . . county, for a writ of attachment against the personal property of C D, defendant; Now, therefore, we, A B, plaintiff, and E F,…
RCW 12.04.208 Form of undertaking to indemnify constable on claim of property by a third person.
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FORM OF UNDERTAKINGTO INDEMNIFY CONSTABLE ON CLAIM OFPROPERTY BY A THIRD PERSONWhereas, L M, claims to be owner of, and have the right to possession of certain personal property, to wit: [here describe it] which has been taken by J K, constable in . . . . . . county, upon an exec…