§25.7 Significant Authorities

• Jurisdiction: Washington

§25.7 SIGNIFICANT AUTHORITIES

Case law reflects that Washington courts have broad discretion over the time limits within which parties may move for substitution. In addition, failure to object to a proposed substitution may constitute a waiver of the objection. The proposed substituting party and the status of the claim also may affect an individual's ability to be substituted for a named party.

(1) Washington

Notwithstanding the specific provision of RCW 11.40.110 that requires a plaintiff to serve the decedent's personal representative with a petition for substitution within four months after appointment, all time limits applicable to the procedure for substitution are within the trial court's discretion. See Petrarca v. Halligan, 83 Wn.2d 773, 522 P.2d 827 (1974); Barker v. Mora, 52 Wn.App. 825, 830, 764 P.2d 1014 (1988) (interpreting the time limit in RCW 4.20.050 to be "only procedural [as opposed to substantive], as it defines how the personal representative shall be substituted for the deceased").

A party may waive any objection to timeliness of substitution, and failure to object to substitution...