§4.4 Comparison with Federal Rule

JurisdictionWashington

§4.4 COMPARISON WITH FEDERAL RULE

FED. R. CIV. P. 4 was totally rewritten in 1993. It differs substantially from the Washington rule in form and substance. The principal differences and similarities are as follows:

(1)Under the Washington rule, the plaintiff's counsel issues the summons; under the federal rule, the clerk of the court must issue the summons.

(2)The Washington rule permits plaintiff's counsel to issue and serve the summons before filing the complaint, but the federal rule does not authorize the clerk to issue a summons until the plaintiff files the complaint.

(3)Filing a notice of appearance, as authorized by CR 4(a)(3), precludes entry of default against a defendant without notice. CR 55(a)(2) and (3). FED. R. CIV. P. 4 has no comparable provision; however, as a practical matter, the federal district courts in Washington reach the same result. See W.D. Wash. LCR 55(a); E.D. Wash. LR 55.1(a).

(4)Under CR 4(b), the plaintiff or the plaintiff's counsel signs the summons. FED. R. CIV. P. 4(a), on the other hand, requires the clerk to sign the summons under the seal of the court.

(5)CR 4(b) prescribes a form of summons; the federal rule does not.

(6)As a result of the 1993 amendments to FED. R. CIV. P. 4, both the state and federal rules generally permit service of the summons and complaint by any person, other than a party, who is at least 18 years old. Service in a foreign country requires a process server to be at least 21 years old. CR 4(i)(1)(C) or (G).

(7)FED. R. CIV. P. 4(d) has a detailed procedure for requesting a party to waive formal service of process; there is no corresponding procedure in CR 4.

(8)The rules governing the method of service are generally similar, in part because FED. R. CIV. P. 4(e)(1) authorizes service pursuant to state law. In general, service...

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