RCW’s 10.14.070 and 10.14.100 specifically control the service of documents relating to anti-harassment and protection orders. Both the Notice of Hearing and the Order must be personally served (in hand service) on the target.
Service must be accomplished not less than 5 court days prior to the hearing. If service can’t be obtained by the deadline the client will need to approach the court for a new hearing date.
The market for serving these types of documents is interesting and varies from one area of the state to another. It is influenced by the ability and willingness of local law enforcement agencies to handle such assignments. And that ability and willingness are usually determined by the agency’s budget. In times of budget surplus law enforcement agencies are more likely to devote time and man power to these assignments. When budgets are tight they are more likely to decline them, give them low priority, or refer people to private process servers.
In most cases the client is an individual and not an attorney. Therefore they have little knowledge of the law, are likely to ask lots of questions, and will often have a higher maintenance factor than law firms and collection agencies.
Many will also have a limited ability to pay the fees charged by private servers. RCW 10.14.060 permits the court to allow the petitioner to proceed in forma pauperis which excuses them from paying service fees but this only applies to law enforcement agencies. Private servers may still charge for their work or decline the assignment altogether.
Some private servers, when told the client has been granted in forma pauperis status, will waive their fee and do the work pro bono or serve the documents at a reduced fee. Doing pro bono work can be an excellent form of advertising as it increases your standing in the eyes of the local legal community.
RCW 10.14.070
Hearing — Service.
Upon receipt of the petition alleging a prima facie case of harassment, other than a petition alleging a sex offense as defined in chapter 9A.44 RCW, the court shall order a hearing which shall be held not later than fourteen days from the date of the order. If the petition alleges a sex offense as defined in chapter 9A.44 RCW, the court shall order a hearing which shall be held not later than fourteen days from the date of the order. Except as provided in RCW 10.14.085, personal service shall be made upon the respondent not less than five court days before the hearing. If timely personal service cannot be made, the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided by RCW 10.14.085. If the court permits service by publication, the court shall set the hearing date not later than twenty-four days from the date of the order. The court may issue an ex parte order for protection pending the hearing as provided in RCW 10.14.080 and 10.14.085.
RCW 10.14.100
Service of order.
| (1) |
An order issued under this chapter shall be personally served upon the respondent, except as provided in subsections (5) and (7) of this section. |
| (2) | The sheriff of the county or the peace officers of the municipality in which the respondent resides shall serve the respondent personally unless the petitioner elects to have the respondent served by a private party. |
| (3) | If the sheriff or municipal peace officer cannot complete service upon the respondent within ten days, the sheriff or municipal peace officer shall notify the petitioner. |
| (4) | Returns of service under this chapter shall be made in accordance with the applicable court rules. |
| (5) | If an order entered by the court recites that the respondent appeared in person before the court, the necessity for further service is waived and proof of service of that order is not necessary. The court’s order, entered after a hearing, need not be served on a respondent who fails to appear before the court, if material terms of the order have not changed from those contained in the temporary order, and it is shown to the court’s satisfaction that the respondent has previously been personally served with the temporary order. |
| (6) | Except in cases where the petitioner has fees waived under RCW 10.14.055 or is granted leave to proceed in forma pauperis, municipal police departments serving documents as required under this chapter may collect the same fees for service and mileage authorized by RCW 36.18.040 to be collected by sheriffs. |
| (7) | If the court previously entered an order allowing service by publication of the notice of hearing and temporary order of protection pursuant to RCW 10.14.085, the court may permit service by publication of the order of protection issued under RCW 10.14.080. Service by publication must comply with the requirements of RCW 10.14.085. |
Service Instructions Summary
Present documents to:
| Who | When & Where | |
| 1. | The person name therein | Anytime Anywhere |
NOTE: No form of abode or alternate service is allowed.
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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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