Revised Code of Washington

Wash. Rev. Code § 13.40.100 (2026)

✓ current as of May 2026

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(1) Upon the filing of an information the alleged offender shall be notified by summons, warrant, or other method approved by the court of the next required court appearance.

(2) If notice is by summons, the clerk of the court shall issue a summons directed to the juvenile, if the juvenile is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. Where the custodian is summoned, the parent or guardian or both shall also be served with a summons.

(3) A copy of the information shall be attached to each summons.

(4) The summons shall advise the parties of the right to counsel.

(5) The judge may endorse upon the summons an order directing the parents, guardian, or custodian having the custody or control of the juvenile to bring the juvenile to the hearing.

(6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the juvenile needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the juvenile into custody and take the juvenile to the place of detention or shelter designated by the court.

(7) Service of summons may be made under the direction of the court by any law enforcement officer or probation counselor.

(8) If the person summoned as herein provided fails without reasonable cause to appear and abide the order of the court, the person may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned.

[ 1997 c 338 s 19; 1979 c 155 s 62; 1977 ex.s. c 291 s 64.]

Notes:

Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.

Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.

Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

Notes of Decisions

Cited in 11 cases (3 in the last 5 years), 1979–2025 · leading case: State v. Shawn P., 859 P.2d 1220 (Wash. 1993).

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State v. Shawn P., 859 P.2d 1220 (Wash. 1993). · cites it 2× “050(2), requiring notice of detention hearings to be served on a juvenile "if over twelve years of age", with RCW 13.40.100(2), requiring a summons to be directed to the juvenile "if the juvenile is twelve or more years of age".”

State v. Lawley, 591 P.2d 772 (Wash. 1979). · cites it 2× “of the same article, the people have declared that [i]n criminal prosecutions the accused shall have the right to appear and defend in person, or by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to…”

State v. Day, 734 P.2d 491 (Wash. Ct. App. 1987). · cites it 8× “Defendants' second contention is that the juvenile court lacked in personam jurisdiction over them because the arraignment letters sent to defendants to notify them of their first court appearances were not summonses which complied with RCW 13.40.100. 6 We reach this issue in…”

Nelson v. State, 85 P.3d 912 (Wash. Ct. App. 2003). “050(H): 3 In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.”

Nelson v. State, 85 P.3d 912 (Wash. Ct. App. 2004). “050(11) [3] : In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.”

State v. TK, 987 P.2d 63 (Wash. 2003). · cites it 2× “050(10) provides that an individual against whom an information has been filed under RCW 13.40.100 or who has been referred for diversion pursuant to RCW 13.”

State v. Lidge, 742 P.2d 741 (Wash. Ct. App. 1987). “We have perused RCW 13.40.100 and JuCR 7.5 and are unable to find the 14-day notice requirement to which Walton referred.”

State v. T.K., 139 Wash. 2d 320 (Wash. 1999). · cites it 2× “050(10) provides that an individual against whom an information has been filed under RCW 13.40.100 or who has been referred for diversion pursuant to RCW 13.”

State of Washington v. A.M.W., 545 P.3d 394 (Wash. Ct. App. 2024). “See RCW 13.40.100; JuCR 7.5(a), (b). If the juvenile refuses to comply with the summons, there is no recourse so long as they remain a less-than-serious risk to public safety.”

State of Washington v. Javier Garza (Wash. Ct. App. 2021). “260(3) provides in relevant part: If a juvenile court record has not already been sealed pursuant to this section, in any case in which information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to…”

Liverpool LLC v. Kristie Rose Farley (Wash. Ct. App. 2025). “060 (notice to defendant in small claims case shall include “a statement directing and requiring defendant to appear personally”); RCW 13.40.100(2) (authorizing the court to issue a summons that requires a juvenile’s parents or guardian to “appear personally before the court”);…”

— Wash. Rev. Code § 13.40.100(2) — 2 cases

State v. Shawn P., 859 P.2d 1220 (Wash. 1993). “050(2), requiring notice of detention hearings to be served on a juvenile "if over twelve years of age", with RCW 13.40.100(2), requiring a summons to be directed to the juvenile "if the juvenile is twelve or more years of age".”

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