[WSBAPT] Show Cause Order Service

Thu Apr 23 20:37:15 PDT 2020

Law Office of
F.ANDREKITA SILVA 
________________________________________________________________________

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                               April 23, 2020          

Dalynne,

In my experience, orders to show cause require personal service.  It  
doesn’t matter if the person being ordered to appear is a lawyer.  
Whoever is being ask to appear personally before the court is who must  
be personally served.  It also doesn’t matter if they received  
personal service of the initial summons and petition/ complaint. That  
is a separate matter.

It is common in family law to have a divorce pending and someone  
violates temporary orders. If you want to find them in contempt, you  
MUST secure an order to show cause and that order to show cause must  
be served on the LITIGANT personally. 

Despite this, like any service of process, a person can accept  
service.  In family law, we commonly call the lawyer and ask if lawyer  
will accept service of order to show cause on behalf of client.  A  
lawyer must then call their client and ask “can I accept service?”,  
and they should get that approval to accept in writing so that client  
can fail to show and then say “I never authorized.” Some lawyers say  
“no, serve them personally.”

There are procedures in the probate code that require service of a  
show cause order or citation, but failure to show at a hearing isn’t  
exactly one of them.

Nevertheless, RCW 7.21, the court can sanction a party for disobeying  
its orders. It can do this on its own motion.  Although that statute  
doesn’t say that “personal service” of a notice of a hearing is  
required.  Case law says that the constitution requires “due  
process”.  So, you can’t sanction someone or find them in contempt  
unless they have notice and the opportunity to be heard.  So, the  
order to show cause is just a couple sentences I believe the procedure  
of issuing an order to show cause is based on the requirement of “due  
process”.

Many years ago I actually found the family law case that said  
“personal service” of a show cause was required.  I believe I since  
then saw one unpublished case that said personal service wasn’t  
necessary.  However, since if have /MANY TIMES/ seen Commissioner’s  
refuse to proceed with a show cause hearing where the litigant was not  
personally served.

This Commisisoner appeared to have pretty strong feelings about being  
stood up  by atty/PR, so,  I wouldn’t put the issue to a test. It’s  
easy enough to serve the person personally or  to get them to accept.   
I’m sure the lawyer/ PR would accept service. However, you must have  
them sign an acceptance of service.

andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com

Quoting Paul Neumiller <pneumiller at hotmail.com>:

> Without absolutely any legal research or experience, it is my  
> understanding that once a party is properly served by a process  
> server (or other proper means), following pleadings may be served by  
> mail, personal service, or fax/email, if the parties agree.  So, if  
> the PR/attorney is already a proper party involved in an action,  
> then you do not need personal service because it would not be the  
> first pleading in the case. 
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>      FROM: wsbapt-bounces at lists.wsbarppt.com  
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF Dalynne Singleton
> SENT: Thursday, April 23, 2020 9:54 AM
> TO: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> SUBJECT: [WSBAPT] Show Cause Order Service
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>    I have searched RCW 11 and LCR 7(9) for show cause orders in  
> probate matters as Commissioner yesterday at Kent probate hearing  
> ordered me to prepare an Order to Show Cause to a PR/Attorney who  
> failed to appear telephonically for hearing.  I prepared Show Cause  
> Order and am confused on service on PR (who is an attorney).
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>    I could only find juvenile and family law rules and samples of  
> show cause orders which require personal service of show cause order.
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>    With most law firms closed, how are others handling service on  
> attorneys?  Do any of the King county orders re COVID provide for  
> service of pleadings – such as summons/complaint, show cause orders  
> where they are usually by personal service?
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>    I have not done a show cause hearing/order in quite a few years.
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>    If someone has had a show cause hearing and order in a probate  
> matter, can you please advise what was acceptable service by the  
> court?
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>    /DALYNNE SINGLETON/
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>    GOURLEY LAW GROUP
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>    SNOHOMISH ESCROW
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>    THE EXCHANGE CONNECTION
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>    1002 10th Street / PO Box 1091
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>    Snohomish, WA 98291
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>    360.568.5065
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>    360.568.8092  fax
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>    _dalynne at glgmail.com_
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>    _Website:  www.glglawgroup.com[1]_
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>    / /
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>    DUE TO COVID-19, I AM WORKING REMOTELY.  AS A RESULT, I CANNOT  
> ACCEPT ANY PHYSICAL MESSENGER SERVICE AT THIS TIME.  PLEASE  
> EMAIL ALL PLEADINGS AND AGREED UPON SERVICE DOCUMENTS TO  
> THERESA at GLGMAIL.COM.
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>    IN-PERSON MEETINGS ARE NOT POSSIBLE AT THIS TIME.  EMAIL IS THE  
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> TELEPHONE CONFERENCE, PLEASE EMAIL MY PARALEGAL THERESA at GLGMAIL.COM  
> OR DARA at GLGMAIL.COM TO SET SUCH CONFERENCE.
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>    THANK YOU VERY MUCH AND STAY SAFE!
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>    / /
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>    /LICENSED// IN WASHINGTON AND OREGON/
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Links:
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[1] http://www.glglawgroup.com
[2]  
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  andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
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