§5.7 Significant Authorities

• Jurisdiction: Washington

§5.7 SIGNIFICANT AUTHORITIES

CR 5(a)'s requirement to serve parties with pleadings involving new or additional claims applies to parties in default for failure to appear. Service of a complaint in intervention involving only allegations of statutes under which the party was proceeding was not required to be served on parties when service was made on counsel. Hockley v. Hargitt, 82 Wn.2d 337, 346-47, 510 P.2d 1123 (1973).

An amended complaint must be served on counsel for the opposing parties after the court grants leave to amend. See Will v. Frontier Contractors, Inc., 121 Wn.App. 119, 126, 89 P.3d 242 (2004), review denied, 153 Wn.2d 1008 (2005).

A subpoena duces tecum, seeking documents from a nonparty, must be served on counsel for the opposing parties in addition to the person from whom the records are being sought. See State v. White, 126 Wn. App. 131, 134-35, 107 P.3d 753, review denied, 155 Wn.2d 1023 (2005).

For cases interpreting the phrase in CR 5(b)(1) referring to "dwelling house or usual place of abode with some person of suitable age and discretion then residing therein," see discussion addressing CR 4(d)(2) in Chapter 4.(Rule 4. Process) of this deskbook.

Service by certified mail meets the requirements of CR 5(b)(2)(A). Collins v. Lomas& Nettleton Co.,29 Wn.App. 415,417, 628P.2d 855 (1981).

Courts have recognized a "substantial compliance" doctrine for personal service. See Martin v. Triol, 121 Wn.2d 135, 144, 847...