Yakima County Superior Court, Washington Service and Proof of Service Rules

CRITICAL

Allow enough time for service so the other parent or spouse receives the prior notice required by county court rules.

Be sure to allow sufficient time to permit service upon the other parent or spouse, so he or she receives appropriate prior notice according to court rules in your county.

CRITICAL

Service

Mail

Mailing the papers must comply with local court rules and requires filing a Return of Service.

Mailing also requires compliance with local court rules and filing of a Return of Service (WPF DR 1.0250).

CRITICALCivil cases

Applies to

Summons and complaint

Before serving or filing a covered unlawful-detainer summons and complaint, the landlord or landlord’s counsel must comply with the specified statutory notice, service, and certification requirements.

Prior to serving or filing a summons and complaint for unlawful detainer for nonpayment of rent incurred during the moratorium and the 6 month period after the moratorium, the landlord or landlord's counsel shall: (i) strictly comply with the notice, service, and certification requirements of Sec. 7(3), (4), and (5) of Chapter 115, Laws of 2021

CRITICAL

Have someone else who is over the age of 18 serve a copy of the Mo- tion/Declaration Ex-Parte Restraining Order (WPF DR 4.0150), the Ex-Parte Restraining Order and Order to Show Cause (WPF DR 4.0170), and your Proposed Temporary Order (WPF DR 4.0250) on the other parent or spouse well in advance of the hearing date. While local rules should be consulted, this generally requires service anywhere from at least six court days prior to the hearing, not including the day the papers are served or Saturday, Sunday or holidays, to 14 calendar days.

Have someone else who is over the age of 18 serve a copy of the Mo- tion/Declaration Ex-Parte Restraining Order (WPF DR 4.0150), the Ex-Parte Restraining Order and Order to Show Cause (WPF DR 4.0170), and your Proposed Temporary Order (WPF DR 4.0250) on the other parent or spouse well in advance of the hearing date. While local rules should be consulted, this generally requires service anywhere from at least six court days prior to the hearing, not including the day the papers are served or Saturday, Sunday or holidays, to 14 calendar days.

CRITICAL

If any party receives public assistance, serve the State of Washington, Division of Child Services or obtain its signature on the Temporary Order of Child Support before presenting the order to the court for signature.

If any of the parties are on public assistance, you must also serve the State of Washington, Division of Child Services or obtain their signature on the Temporary Order of Child Support before presenting it to the court for signature.

CRITICAL

When temporary-order papers are filed with the summons and petition, serve all documents at the same time.

If the tem- porary order papers are being filed with the summons and petition, serve all documents at the same time.

CRITICAL

Applies to

Proposed exhibits

If a Zoom appearance is allowed, deliver all proposed exhibits to the court and opposing party before trial.

If Zoom appearance is allowed, deliver all your proposed exhibits to the court and the opposing party ahead of time before your trial.

CRITICAL

Service

Mail to opposing party

If requesting temporary orders after the petition has been served, mail the papers to the other parent or spouse usually at least ten days before the hearing.

If you are requesting temporary orders after your petition has been served, mail your papers to the other parent or spouse usually at least ten days prior to the date of the hearing.

CRITICAL

The ex parte order and the proposed temporary order must be served on the other parent or spouse, subject to county-specific variation.

A copy of this order, along with a copy of the Proposed Temporary Order (WPF DR 4.0250) you wish to have the court approve, must be served upon the other parent or spouse (this may not apply in all counties).

CRITICAL

You may not serve the papers on the other party yourself.

YOU MAY NOT SERVE THE PAPERS ON THE OTHER PARTY YOURSELF.

CRITICAL

Applies to

Exhibits

Bring at least three copies of documents to court—one for yourself, one for the opposing side, and one for the court—and give a copy to the opposing side.

Bring documents (like paystubs, photos, or tax records) to the courtroom. Bring at least 3 copies (one for you, one for the opposing side, and one for the court). Show them to the clerk so they can be labeled (marked). Give a copy to the opposing side.

CRITICALCivil cases

Applies to

ERPP approved notice

Landlords must provide the tenant an ERPP-approved eviction-resolution notice before filing an unlawful detainer action.

Section 7(3) requires that the landlord provide an ERPP-approved notice to the tenant of the eviction resolution program prior to filing an unlawful detainer action.

CRITICAL

Service

Mail to opposing party

Some counties require more advance mailing notice; the text gives 18 days before the hearing in King County as an example.

In some counties, this could be longer, i.e., l 8 days prior to the hearing in King County.

CRITICAL

Serve the subpoena on your witnesses.

Serve the subpoena on your witnesses

CRITICALCivil cases

Landlords must send copies of the pay-or-vacate notices to the local DRC when serving or mailing the notice to the tenant and should retain proof of service.

At the time of service or mailing of the pay or vacate notice to the tenant, you must also send copies of these notices to the local dispute resolution center serving the area where the property is located (see page 2). You should retain proof of service.

CRITICAL

Have someone over age 18 serve the other parent or spouse with copies of all filed papers, including the proposed temporary order, well before the hearing.

Have another person over the age of 1 8 serve the other parent or spouse with a copy of all papers you have filed (including a copy of your proposed temporary order) well in advance of the hearing date.

CRITICAL

A copy of all filed documents and pleadings, including a proposed temporary order, must be served on the other parent or spouse, and a completed return of service must be filed with the clerk before the hearing; this may vary by county.

Have someone serve a copy of all filed documents and pleadings (including a proposed temporary order) upon the other parent or spouse and file a completed return of service form with the clerk of the superior court in advance of the hearing. This may not apply in all counties.

CRITICAL

The server must complete and file a Return of Service.

The person serving the papers must complete and file a Return of Service (WPF DR 1.0250).

CRITICAL

The server must complete a Return of Service, and you must file its original with the superior court clerk and make a copy.

The person serving the papers must complete, and you must file, a Return of Service (WPF DR 1.0250). Make a copy of the Return of Service and file the original with the clerk of the superior court.

WARNING

Choose a hearing date far enough in the future for the other parent or spouse to receive the papers well before the hearing.

Pick a date far enough away so that the other parent or spouse will receive the papers welt in advance of the hearing.

INFO

You do not need to notify anyone in the case about an accommodation request.

You do not need to notify anyone in the case about your request for accommodation.