Revised Code of Washington

Wash. Rev. Code § 4.28.110 (2026)

Manner of publication and form of summons

✓ current as of May 2026

Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

The publication shall be made in a newspaper of general circulation in the county where the action is brought once a week for six consecutive weeks: PROVIDED, That publication of summons shall not be made until after the filing of the complaint, and the service of the summons shall be deemed complete at the expiration of the time prescribed for publication. The summons must be subscribed by the plaintiff or his or her attorney or attorneys. The summons shall contain the date of the first publication, and shall require the defendant or defendants upon whom service by publication is desired, to appear and answer the complaint within sixty days from the date of the first publication of the summons; and the summons for publication shall also contain a brief statement of the object of the action. The summons for publication shall be substantially as follows:

In the superior court of the State of Washington for the county of . . . . . .
. . . . . . . . ., Plaintiff,
vs.		No. . . . .
. . . . . . . . ., Defendant.
The State of Washington to the said (naming the defendant or defendants to be served by publication):
You are hereby summoned to appear within sixty days after the date of the first publication of this summons, to wit, within sixty days after the . . . . day of . . . . . ., 1 . . . ., and defend the above entitled action in the above entitled court, and answer the complaint of the plaintiff . . . . . ., and serve a copy of your answer upon the undersigned attorneys for plaintiff . . . . . ., at his (or their) office below stated; and in case of your failure so to do, judgment will be rendered against you according to the demand of the complaint, which has been filed with the clerk of said court. (Insert here a brief statement of the object of the action.)
	. . . .,
	Plaintiff's Attorneys.
	P.O. Address . . . .
	County . . . .
	Washington.

[ 2011 c 336 s 98; 1985 c 469 s 2; 1895 c 86 s 2; 1893 c 127 s 10; RRS s 233.]

Notes:

Publication of legal notices: Chapter 65.16 RCW.

Notes of Decisions

Cited in 43 cases (15 in the last 5 years), 1960–2025 · leading case: Ashley v. Superior Court, 521 P.2d 711 (Wash. 1974).

Sort: Relevance Newest Treatment

Ashley v. Superior Court, 521 P.2d 711 (Wash. 1974). · cites it 8× “100 provides that when the defendant cannot be found within the state and upon the filing of an affidavit of the plaintiff, his agent or attorney, with the clerk of the court stating that he believes the defendant is not a resident of this state and cannot be found therein, and…”

Lund v. Benham, 109 Wash. App. 263 (Wash. Ct. App. 2001). · cites it 5× “The Clark court noted that RCW 4.28.110, the statute governing the form of publication, requires the published summons to state the date of the first publication and to direct the defendant to respond within 60 days from that date of first publication.”

Carson v. Northstar Dev. Co., 814 P.2d 217 (Wash. Ct. App. 1991). · cites it 2× “Although Carson had reason to believe that McDonald resided in California throughout all of March 1986, it is undisputed that Devine Company personnel informed the process servers that McDonald had returned to Washington and may be in Seattle.”

In Re the Marriage of Campbell, 683 P.2d 604 (Wash. Ct. App. 1984). · cites it 2× “RCW 4.28.110 provides in part that a "summons for publication shall also contain a brief statement of the object of the action.”

Jones v. Stebbins, 860 P.2d 1009 (Wash. 1993). “es service by publication: When the defendant cannot be found within the state, and upon the filing of an affidavit of the plaintiff, his agent, or attorney, with the clerk of the court, stating that he believes that the defendant is not a resident of the state, or cannot be…”

Kent v. Lee, 762 P.2d 24 (Wash. Ct. App. 1988). “When the defendant cannot be found within the state, and upon the filing of an affidavit of the plaintiff, his agent, or attorney, with the clerk of the court, stating *579 that he believes that the defendant is not a resident of the state, or cannot be found therein, and that…”

Lund v. Benham, 34 P.3d 902 (Wash. Ct. App. 2001). · cites it 5× “The Clark court noted that RCW 4.28.110, the statute governing the form of publication, requires the published summons to state the date of the first publication and to direct the defendant to respond within 60 days from that date of first publication.”

Caouette v. Martinez, 856 P.2d 725 (Wash. Ct. App. 1993). “The statute provides: If the summons is not served personally on the defendant in the cases provided in RCW 4.28.110 and 4.28.180, he or his representatives, on application and sufficient cause shown, at any time before judgment, shall be allowed to defend the action and, except…”

Lepeska v. Farley, 833 P.2d 437 (Wash. Ct. App. 1992). “ized in certain instances: When the defendant cannot be found within the state, and upon the filing of an affidavit of the plaintiff, his agent, or attorney, with the clerk of the court, stating that he believes that the defendant is not a resident of the state, or cannot be…”

Parkash v. Perry, 700 P.2d 1201 (Wash. Ct. App. 1985). “00 provides in part: "When the defendant cannot be found within the state, and upon the filing of *851 an affidavit of the plaintiff, his agent, or attorney, with the clerk of the court, stating that he believes that the defendant is not a resident of the state, or cannot be…”

Longview Fibre Co. v. Stokes, 758 P.2d 1006 (Wash. Ct. App. 1988). “ovides, in pertinent part: When the defendant cannot be found within the state, and upon the filing of an affidavit of the plaintiff, his agent, or attorney, with the clerk of the court, stating that he believes that the defendant is not a resident of the state, or cannot be…”

Clark v. Falling, 965 P.2d 644 (Wash. Ct. App. 1998). “170 with RCW 4.28.110, which also addresses service by publication.”

Show all 43 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.