Rule 4.Process

Rule 4 is the mechanical heart of how a Washington lawsuit reaches the person being sued. The summons — a document distinct from the complaint — must be signed and dated by the plaintiff or the plaintiff’s attorney, and it directs the defendant to respond. Unless another statute or rule sets a different deadline, the defendant has 20 days after service, not counting the day of service itself, to serve a copy of a defense. A defendant who wants to appear without yet defending can file a written notice of appearance instead, which entitles the defendant to notice before any default judgment.

The rule dictates what the summons must say — the court, the county, the parties’ names, a direction to respond within the stated time, and a warning that failing to do so can lead to a default judgment — and sets out the actual language the summons is expected to follow. Getting the form right matters: a summons that omits the warning or the response deadline can undercut a plaintiff’s later ability to obtain a default judgment.

Service has to be carried out by someone qualified to do it: a sheriff or deputy, or any other person over 18 years old who could testify as a witness in the case and who is not a party to it. The rule lays out several channels for service — personal service in state under the applicable statutes, service by publication when personal service is not possible, and, as an alternative to publication, service by two forms of mail (ordinary first-class and a form requiring a signed receipt) to the defendant’s last known address, which gives the defendant 90 days from mailing to respond. Appearing in the case voluntarily does not waive a defendant’s right to later challenge personal jurisdiction or defective service under Rule 12(b).

Separate provisions cover service outside Washington and outside the United States. Out-of-state service can use the same summons form with statutory modifications, while service in a foreign country allows several alternatives — following that country’s own procedure, using a letter rogatory or letter of request, direct personal delivery, signature-required mail, an applicable treaty, diplomatic channels, or a method the court orders — always subject to the requirement that the method give notice reasonably calculated to reach the defendant.

Once service happens, someone has to prove it to the court. Rule 4 specifies what that proof looks like depending on the method used: a sheriff’s return, a private process server’s affidavit, a publisher’s affidavit for service by publication, an affidavit describing the mailing for alternative service, or the defendant’s own written acceptance. A court may allow defective process or defective proof of service to be amended unless doing so would seriously prejudice the other side, and failing to file proof of service does not by itself undo service that took place.