RCW 4.16.170: How to Commence an Action
Preserving a legal claim in Washington depends on correctly timing the initial steps. Understand the procedural rules that link these actions together.
Filing a lawsuit involves strict deadlines known as statutes of limitations. These laws set a maximum time after an event within which legal proceedings may be initiated. In Washington, specific procedural rules, outlined in RCW 4.16.170, govern how a legal action is formally “commenced” to satisfy this deadline. Understanding this process is important for anyone looking to pursue a legal claim, as failure to follow the precise steps can prevent a case from ever being heard by a court.
How to Pause the Statute of Limitations
To stop the statute of limitations from expiring, Washington law provides two distinct methods for commencing an action. The first option is to file a formal complaint with the appropriate court before the deadline. This act of filing tentatively commences the action. Once the complaint is filed, the person initiating the lawsuit, known as the plaintiff, has a 90-day period to complete the next step, which is formally serving the legal documents on the defendant.
The second method reverses the order of operations. A plaintiff can choose to first serve a summons and complaint directly on the defendant. This act of service also tentatively commences the lawsuit and pauses the statute of limitations. Following service, the plaintiff is then granted the same 90-day period to file the summons and complaint with the court.
Required Documents for Commencing an Action
Before any action can be taken, two primary documents must be prepared: the Complaint and the Summons. The Complaint is the legal document that details the plaintiff’s claims against the defendant. It must clearly state the factual basis of the dispute, outline the specific legal claims (such as negligence or breach of contract), and specify the relief being sought, which could be monetary damages or a court order requiring the defendant to take or cease a certain action.
The Summons is a separate document that serves as an official notice to the defendant that a lawsuit has been filed against them. This document must contain specific information to be valid, including the name of the court where the case is filed, the names of the parties involved, and the name and address of the plaintiff’s attorney. It formally commands the defendant to respond to the complaint within a specified time, typically 20 days, warning that failure to do so may result in a default judgment in favor of the plaintiff.
The Filing and Service Process
With a completed Summons and Complaint, the next phase involves filing and service. Filing the documents means officially submitting them to the Clerk of the Superior Court in the appropriate county. This is typically done by delivering the physical papers to the clerk’s office and paying a required filing fee, which can range from approximately $200 to $300. Many courts now also offer or mandate electronic filing through a designated online portal.
Service is the formal process of delivering the Summons and Complaint to the defendant to provide legal notice of the lawsuit. This cannot be done by the plaintiff themselves. Instead, it must be carried out by a third party over the age of 18, such as a professional process server or a county sheriff’s deputy. Personal service, where the documents are handed directly to the defendant, is the most common and preferred method. If personal service is not possible, other methods like service by mail or publication may be allowed under specific circumstances.
Consequences of Incomplete Commencement
The 90-day rule is strict, and failure to comply nullifies the commencement. This means the temporary pause on the statute of limitations is erased. If the original deadline to file the lawsuit passed during that 90-day window, the plaintiff’s claim is likely extinguished permanently. They lose the right to pursue the case, regardless of its merits. The courts have consistently upheld that this provision does not allow for circumvention, meaning even serving the wrong person will not satisfy the requirement if a proper defendant is not served within the allotted time.