[WSBAPT] Show Cause Order

[Eric Lanza]

My experience is limited to Pierce, Mason, Thurston and Lewis counties. However, I’ve never had an issue getting show cause hearings scheduled prior to service of summons and complaint.

I’ve certainly run into service difficulties after the order to show cause is entered and had to file amended summons/obtain new orders to show cause in order to make sure I met the statutory service timelines—but I have never been required to show service of summons and complaint prior to entry of the order to show cause.

59.18.370 says the application for an order to show cause can be made at the time of commencing an action…upon filing the complaint.

It goes on to say: A copy of the order, together with a copy of the summons and complaint if not previously served upon the defendant, shall be served upon the defendant.

This requirement seems strange given the language of 59.18.370. I have read through SB 5600 a few times, and don’t see any changes to that particular statutory provision.

Eric J. Lanza, J.D.

[cid:image002.png at 01D525E7.126EC4E0]




From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Tuesday, June 18, 2019 2:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Show Cause Order

I got the same ruling a few months ago.  Be interested to see if anyone can get an Order without personal service.  Notice to pay or vacate was OK being posted, but not summons and complaint.

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: JOYCE SCHWENSEN<mailto:Joyce at schwensenlaw.com>
Sent: Tuesday, June 18, 2019 2:37 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Show Cause Order

Judge Shaffer, sitting in ex parte, just denied my motion for an Order to Show Cause in a residential unlawful detainer because the Summons and Complaint haven’t been served, with the denial order citing constitutional issues. Have a missed a case or something?

Thanks, Joyce

Law Office of Joyce S. Schwensen
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Joyce at SchwensenLaw.com<mailto:Joyce at SchwensenLaw.com>
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