Upgrade to remove ads
Only $35.99/year

Civil Procedure

Terms in this set (102)

Governing Law
This question is governed by the Washington (WA) Rules of Civil Procedure.
Personal Jurisdiction Generally
The assertion of personal jurisdiction over a defendant must be both constitutional and authorized by statute.
Constitutional Basis for PJ
Constitutional Due Process requires either consent (implied or express, but not corp. appointment of agent), domicile , physical presence , OR sufficient minimum contacts with the forum state such that the maintenance of the suit does not offed traditional notions of fair play and substantial justice. Minimum contacts are sufficient if the defendant purposely avail himself to the privileges of the forum state, could reasonably foresee being haled into a Washington court, and if maintaining jurisdiction would be fair and reasonable considering the burden on the defendant and the interests of any non-forum state against the interests of the plaintiff and Washington state.
General Jurisdiction
If the cause of action is unrelated to the defendant's contact with the forum state, then the contacts must be systematic and continuous.
Specific Jurisdiction
If the cause of action arises from the defendant's contacts with the forum state, even one contact with Washington may be sufficient to meet the minimum contact test, as long as the litigation arose from that contact.
Statutory Basis under Washington's Long Arm Statute for PJ
Washington's long arm statute provide statutory authority to assert jurisdiction over nonresidents who, within Washington, transact any business, commit a tort, use/own/possess property, contract to insure persons or property, intercourse to produce a child, or once lived while married.
Notice (service of process)
Notice must follow both constitutional and statutory procedures. The US Constitution requires service of process that is reasonably calculated to give actual notice of the lawsuit. Washington's service of process rules and statutes are designed to meet the constitution.
Service of Process Inside Washington
Personal service in Washington must include a summons and copy of the complaint. Service to individuals must be made in-hand by the sheriff, deputy sheriff or a non-party over the age of 18, or left at the defendant's usual place of abode with someone of suitable age and discretion who resides there or is its proprietor. Service to resident corporations must be made in-hand to the president, registered agent, corporate secretary, cashier (treasurer), managing agent, or office assistant of any of those people. Service to a non-resident corporation doing business in Washington may be made in-hand to any agent, cashier, or corporate secretary.
Defendant Unavailable for Service
If the defendant is unavailable for service and the plaintiff states such in an affidavit, the defendant can be constructively served by (1) publication for six consecutive weeks in a newspaper of general circulation in the county where the action is pending OR (2) registered mail if the plaintiff shows that such service is just as likely to notify the defendant of the lawsuit as service by publication.
Personal service outside of Washington
Under WA's long arm statute, personal service outside of Washington must be made in the same manner as if the service were made inside the state. If defendant prevails, he may be awarded attorneys' fees for the extra burden.
The Nonresident Motorist Statute
allows service of process (2 copies) on the Secretary of State, a copy by registered mail to the defendant's last known address or personal service outside of WA, and an affidavit of inability to personally serve.
Waiver of Service
Insufficient service must be raised at the first possible opportunity (pre-answer motion or answer) or during collection on default judgment, or else is waived.
District Courts SMJ
District courts have subject matter jurisdiction over claims in law and equity that do not exceed $75,000, except for actions involving title to real property, foreclosure actions, false imprisonment, libel or slander.
Superior Courts SMJ
All Washington superior courts have SMJ over all claims in equity and claims at law where the amount in controversy exceeds $300, subject to a few exceptions.
Washington Court of Appeals SMJ
Washington courts of appeals have appellate jurisdiction over all superior court decisions.
Sets with similar terms