§3.8 Strategic and Practical Considerations

• Jurisdiction: Washington

§3.8 STRATEGIC AND PRACTICAL CONSIDERATIONS

This section addresses a number of important considerations in commencing an action.

(1)CR 3(a)

The plaintiff must file the complaint in the clerk's office of the superior court. Filing fees are established by the state legislature. With some exceptions, the current filing fee in superior court is $200. RCW 36.18.020.

Practice Tip: Check the statute and contact the clerk's office to determine the precise amount of the filing fee for your case and the steps necessary to accomplish filing at the county courthouse.

(2)CR 3(b)

Plaintiff's counsel should serve and file the summons and complaint expeditiously and in strict accord with RCW 4.16.170 to avoid any risk of the limitation period expiring. Because tolling involves substantive rights, the court will construe RCW 4.16.170 strictly against the filing party. See, e.g., Derendy v. Kumbera, 45 Wn.App. 485, 487, 726 P.2d 34, review denied, 106 Wn.2d 1009 (1986) (finding that "ninety days" does not mean "three calendar months").

The failure to file the complaint and serve the summons within the required period will bar the plaintiff's action even when defense counsel has notice of the action and has entered an appearance or begun discovery in the case. Haberman v. Wash. Pub. Power Supply Sys., 109 Wn.2d 107, 178, 744 P.2d 1032 (1987), amended by 109 Wn.2d 107 (1988); see also CR 4(d)(5).

Practice Tip: Any agreement between counsel to waive the limitation period should be in writing, acknowledged by the respective clients, and executed by all counsel. See CR 2A. Defense counsel must obtain client consent before entering into

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