[WSBARP] Limited Appearance to challenge jurisdiction, with undisclosed address of client

Thu Aug 14 13:01:24 PDT 2014

In my opinion you nailed it in your “Here’s my guess” paragraph below.

Trevor A. Zandell

Attorney at Law

Swanson Law Firm, PLLC

908 5th Avenue SE

Olympia, WA 98501

(360) 236-8755 (phone)

(360) 754-9719 (fax) 

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, August 14, 2014 11:16 AM
To: WSBA Real Property listserve (wsbarp at lists.wsbarppt.com)
Subject: [WSBARP] Limited Appearance to challenge jurisdiction, with
undisclosed address of client

For you litigation experts--

Client Defendant's address is confidential. Client was not served properly
with the initial pleadings. I am appearing via limited appearance only at
an initial OSC hearing, to challenge based on improper service of
process/lack of personal jurisdiction.

Here's the tricky part: How do I withdraw after the limited appearance
without disclosing client's address OR permitting service via the clerk of
the court?

Limited appearance is allowed,
<http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&se
t=CR&ruleid=supcr70.1> CR 70.1(b), but must be terminated with a Notice of
Withdrawal under CR 71(c)(1).

CR 71(c)(1)
<http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&se
t=CR&ruleid=supcr71>  specifies, "If the [client's] address is omitted,
the notice must contain a statement that after the attorney withdraws, and
so long as the address of the withdrawing attorney's client remains
undisclosed and no new attorney is substituted, the client may be served
by leaving papers with the clerk of the court pursuant to rule 5(b)(1)."

My confusion results from an apparent anomaly between CR 4.2 and CR 71.
<http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&se
t=CR&ruleid=supcr04.2> CR 4.2 says that "Providing limited
representation...shall not constitute an entry of appearance by the
attorney for purposes of CR 5(b) and does not authorize or require the
service or delivery of pleadings, papers or other documents upon the
attorney under CR 5(b)." So if my limited appearance doesn't authorize
service under 5(b), why should my withdrawal force me to provide a method
of service under 5(b)?

Here's my guess: The reference to "service" in CR 71 means only service
after personal jurisdiction is obtained. So I could say in the Notice of
Withdrawal, "after personal jurisdiction is established on defendant,
defendant may be served by leaving papers with the clerk..." This is
because CR 5 deals with service after the initial Summons and Complaint,
so it doesn't apply until that initial service of process is completed and
personal jurisdiction over the defendant is obtained.

Anybody have thoughts? Dealt with this before?

Sincerely,

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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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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