[WSBAPT] RCW 11.68.070 "citation into court" of the PR

[Richard Wills]

*Eric --- I've done numerous petitions for PR removals.  Up to several 
years ago, I did a simple petition, giving notice, etc. Whoops --- I 
came before Comm'r B-J: "Counsel, the PR has NP, so the Court has no 
jurisdiction over the PR.  You need to move the Court to issue a 
Citation to have the PR appear, which gives the Court jurisdiction over 
the PR."  Furthermore, she declined to accept my oral Motion, "No, I 
want a written Motion to Show Cause, to issue the Citation."  Ever since 
then, my "Petitions to Remove PR" have become "Motions to Show Cause re 
Removal of PR & to Issue Citation."  Good luck with yours.*



On 4/6/2015 3:49 PM, Eric Nelsen wrote:
>
> Anyone have a form for the "citation into court" of a PR who has been 
> misbehaving? I'm assuming this procedure under RCW 11.68.070 
> <http://app.leg.wa.gov/rcw/default.aspx?cite=11.68&full=true#11.68.070> still 
> has to be dovetailed into the TEDRA procedures.
>
> I have some forms on my computer, but files are dated 1994 (21 years 
> old and still on our computer!) and I'm having a little trouble 
> believing it's still a good form. It appears to require the sheriff to 
> serve the PR...
>
> The last time I had a PR removed using a TEDRA proceeding, I just 
> ignored the 11.68.070 citation requirement, set the standard TEDRA 
> hearing and gave notice by mail to everybody (RCW 11.96A.110 
> <http://app.leg.wa.gov/rcw/default.aspx?cite=11.96A&full=true#11.96A.110>) 
> including the PR and it worked fine. At least, nobody objected to the 
> procedure. Anybody have thoughts about that? Did I dodge a bullet 
> without knowing it?
>
> Sincerely,
>
> Eric
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1320 University St
>
> Seattle WA 98101-2837
>
> phone 206-625-0092
>
> fax 206-625-9040
>
>
>
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