[WSBAPT] Civil procedure question re deposing a defendant who has not be served, but where other defendants in same case HAVE been served

[Andrekita Silva]

Law Office of
F.ANDREKITA SILVA
____________________________________________  
 
                                            
                     November 23, 2021
 
List serve,
 
May a defendant be deposed if service of process has not been had on them?
There are multiple defendants in this action. Thirty days have  
transpired since the complaint was filed and since service was had on  
two of the defendants.
 
An attorney has appeared for the third defendant and asked that all  
future pleadings, except original service of process, be served upon  
them.
 
The third defendant has been evading service and attorney of record  
refuses to accept service or to provide any information that will  
enable the process server to perform abode service or to find  
defendant outside of their residence. To secure information necessary  
to serve them, I have noted this defendant’s deposition and I served  
that notice on defendant’s attorney.
 
Defense counsel claims defendant has no obligation to appear at a  
deposition as there has been no personal service on that defendant. I  
say CR30 permits us to depose the milkman or the man in the moon if we  
want, but specifically to depose “any party” since we have filed the  
action.
 
What say you?
 
I apologize if you receive this multiple times. I have posted on  
multiple listserves.
 
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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