Orders and injunctions are, from the lay person’s perspective, quite similar. Black’s Law Dictionary provides the following (in part):
Injunction
A court order commanding or preventing an action.
Order
A command, direction, or instruction. A written direction or command delivered by a court or judge.
There are a great many different types of each but only a relative few that are seen by process servers. From the definitions it is deduced that an injunction is actually a special type of order. The two are mentioned together because 7.40 RCW, entitled ‘Injunctions’, plays a major role in this topic.
RCW 7.40.120
Injunction, who is bound by.
An order of injunction shall bind every person and officer restrained from the time he is informed thereof.
RCW 7.40.150
Contempt for disobedience.
Whenever it shall appear to any court granting a restraining order or an order of injunction, or by affidavit, that any person has wilfully disobeyed the order after notice thereof, such court shall award an attachment for contempt against the party charged, or an order to show cause why it should not issue. The attachment or order shall be issued by the clerk of the court, and directed to the sheriff, and shall be served by him.
RCW 7.40.160
Attachment and arrest — Indemnity of plaintiff.
The attachment for contempt shall be immediately served, by arresting the party charged, and bringing him into court, if in session, to be dealt with as in other cases of contempt; and the court shall also take all necessary measures to secure and indemnify the plaintiff against damages in the premises.
From the process server’s point of view there are two categories of orders:
- Those that must be personally served (in hand service).
- Those that may be served in the manner of a summons.
The name of the order, in and of itself, does not generally provide guidance to the server in determining into which of the two categories a particular order might fall. Instead it is usually necessary to read the order, or sometimes an accompanying motion, to make this determination. The difference is found in the penalty to which the person, to whom the order is directed, will be subject should he ignore the order or otherwise fail to comply with its provisions.
- If the order, or an accompanying motion, contains wording which could result in a loss of liberty then service must be made by personally presenting it to that person (in hand service).
- If the order, or an accompanying motion, simply informs the person that the relief requested by the other party (where the relief is less than a loss of liberty) will be granted then service may be made in the manner of a summons.
Examples of Orders Requiring Personal Service
Perhaps the most common order of this type is an Order for Supplemental Proceedings. A supplemental proceeding is a hearing at which a judgment debtor is examined (questioned) by the judgment creditor as to the debtor’s assets such as bank accounts, place of employment, real estate holdings, and the like. Service is controlled by RCW 6.32.130.
RCW 6.32.130
An injunction order or an order requiring a person to attend and be examined made as prescribed in this chapter must be served by delivering to the person to be served a certified copy of the original order and a copy of the affidavit on which it was made. In the case of an order requiring a person to attend and be examined and not imposing injunctive restraints, a noncertified copy may be served if the noncertified copy bears a stamp or notification indicating the name of the judge or commissioner who signed the original order, and a stamp or notation indicating the original order has been filed with the court.
Service upon a corporation is sufficient if made upon an officer, to whom a copy of a summons must be delivered. Where an order is personally served upon a corporation, unless the officer to be served is specially designated in the order, the order may be served upon any person upon whom a summons can be served.
An Order for Supplemental Proceedings will contain wording informing the judgment debtor that his failure to appear as ordered could result in a loss of liberty. This is provided for in RCW 6.32.180.
RCW 6.32.180
Disobedience of order punishable as contempt. A person who refuses, or without sufficient excuse neglects, to obey an order of a judge or referee made pursuant to any of the provisions of this chapter, and duly served upon him, or an oral direction given directly to him by a judge or referee in the course of the special proceeding, or to attend before a judge or referee according to the command of a subpoena duly served upon him, may be punished by the judge of the court out of which the execution issued, as for contempt.
Other types of orders falling into this category include, but are not limited to, the following:
- Restraining Orders and Temporary Restraining Orders
- Order to Show Cause re Contempt
- Order to Appear
Examples of Orders Not Requiring Personal Service
By far the most common order of this type is the Order to Show Cause when served in an action for unlawful detainer but they can certainly be found in many different types of cases. The sanction or penalty threatened in such an order in this category usually reads: “…the court may grant such other relief as may be prayed for…” The “prayer” might include almost any form of relief short of loss of liberty. This includes the issuance of additional orders or writs (such as a Writ of Restitution), judgments, and child custody.
When an Order Takes Effect
A Whatcom County Superior Court judge was once overheard to comment that “…the order becomes effective when he (the person being served) knows about it.” This is in line with 7.40.120 mentioned above.
This Latin phrase is often heard when orders are issued. Black’s provides this definition:
Done or made at the instance and for the benefit of one party only, and without notice to, or argument by, any person adversely interested.
It is quite common to see an Ex Parte Restraining Order in domestic cases where only the moving party has appeared before the judge. The restraint part of the order usually takes effect immediately upon service and there is usually a court date set in the near future where the other party will be given an opportunity to provide arguments to the court. Although such orders are reasonably common, they are not issued without just cause (of an emergent nature) being shown by the moving party.
Certification
Many orders are certified as true and correct copies of the original in the court file. When assigned to serve such an order, it is important for the process server to mention in the Proof of Service that the copy was a certified copy.
Service Instructions Summary
Orders threatening loss of liberty must be served personally upon the named person.
Present documents to:
| Who | When & Where | |
| 1. | The person named therein | Anytime Anywhere |
NOTE: No form of abode or alternate service is allowed.
NOTE: These documents are time sensitive. Deadlines vary depending on local court rules.
NOTE: If target is an entity (not a person) then present to a managing agent of that entity.
Orders which do not threaten loss of liberty may be served in the manner of a summons.
Present the documents to:
| Who | When & Where | |
| 1. | Serve in the manner of a summons | Serve in the manner of a summons |
NOTE: These documents are time sensitive. Deadlines vary depending on local court rules.
NOTE: If target is an entity (not a person) then present to a managing agent of that entity.
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This is a rough diagram of a typical courtroom in the state of Washington. Courtrooms vary a great deal from city to city and county to county but they all have the same basic structure.
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