Served in Washington before anything was filed? That's allowed — and you still have 20 days

Washington starts civil cases differently from almost every other state, and the difference is disorienting if you're expecting a court-stamped summons.

An action can be commenced by service

CR 3(a):

Except as provided in rule 4.1, a civil action is commenced by service of a copy of a summons together with a copy of a complaint, as provided in rule 4 or by filing a complaint.

Two alternative methods, and the first requires no court involvement at all. You can be validly served with a Washington lawsuit that has no case number, because nothing has been filed yet.

Two consequences follow.

You can force the filing. The same subdivision: "Upon written demand by any other party, the plaintiff instituting the action shall pay the filing fee and file the summons and complaint within 14 days after service of the demand or the service shall be void."

That is a real remedy. A defendant served with an unfiled action can demand filing, and if the plaintiff doesn't file and pay within 14 days, the service is void.

Commencement and limitations are different questions. CR 3(a) closes: "An action shall not be deemed commenced for the purpose of tolling any statute of limitations except as provided in RCW 4.16.170." That statute — not the rule — governs tolling, and it sets its own conditions about following service with filing or filing with service.

The summons isn't issued by a clerk

CR 4(a)(1): "The summons must be signed and dated by the plaintiff or the plaintiff's attorney, and directed to the defendant requiring the defendant to defend the action and to serve a copy of the defendant's appearance or defense on the person whose name is signed on the summons."

No seal, no clerk signature. A Washington summons signed by opposing counsel is regular on its face.

CR 4(a)(2): unless a statute or rule provides otherwise, the summons must require the defendant to serve a defense within 20 days after service, exclusive of the day of service — and if a different period applies, the summons must state that period.

The response periods — CR 12(a)

A defendant shall serve an answer within the following periods:

(1) Within 20 days, exclusive of the day of service, after the service of the summons and complaint upon the defendant pursuant to rule 4; (2) Within 60 days from the date of the first publication of the summons if the summons is served by publication in accordance with rule 4(d)(3); (3) Within 60 days after the service of the summons upon the defendant if the summons is served upon the defendant personally out of the state in accordance with RCW 4.28.180 and 4.28.185 or on the Secretary of State as provided by RCW 46.64.040; (4) Within 60 days after the service of the summons upon the defendant if the summons is served in a jail, detention facility, or prison facility pursuant to rule 4, unless a different time for response, appearance, or answer is specifically stated in statute.

Four situations, three of them at 60 days. The fourth — service inside a jail, detention facility or prison — is a Washington-specific protection that has no analogue in most states.

Note the phrasing of the 20-day rule: "exclusive of the day of service," which the rule states directly rather than leaving to the computation rule.

Appearance is not an answer

CR 4(a)(3): a notice of appearance, if made, must be in writing, signed by the defendant or their attorney, and served on the person whose name is signed on the summons.

Appearing preserves your right to notice but does not respond to the complaint. Washington practice treats them as separate acts, as New York does with CPLR 320.

Computing the time — CR 6

CR 6(a) follows the familiar pattern: exclude the day of the act or event; count every day; include the last day unless it is a Saturday, Sunday or legal holiday, in which case the period runs to the end of the next day that isn't one. Where the period is less than 7 days, intermediate Saturdays, Sundays and legal holidays are excluded from the count — so the short-period carve-out exists in Washington where it does not federally.

CR 6(b) is the two-track extension rule: the court may enlarge the period on request made before it expires, with or without motion or notice; or after expiry on motion where the failure to act was the result of excusable neglect — with the usual carve-outs for post-judgment motions.

CR 6(e) adds time after service by mail.

Default — CR 55

CR 55(a)(1) permits a motion for default where a party has failed to appear, plead or otherwise defend.

Washington then layers on four protections most systems don't have.

Five days' notice — CR 55(a)(3). "Any party who has appeared in the action for any purpose shall be served with a written notice of motion for default and the supporting affidavit at least 5 days before the hearing on the motion." A party who has not appeared before the motion is filed isn't entitled to notice, except under CR 55(f).

Appearing for any purpose counts for every purpose. CR 55(a)(2) ends: "Any appearances for any purpose in the action shall be for all purposes under this rule 55."

You can still respond after the motion is filed — if you had appeared. CR 55(a)(2): a party may respond or otherwise defend at any time before the motion and affidavit are filed. And "[i]f the party has appeared before the motion is filed, the party may respond to the pleading or otherwise defend at any time before the hearing on the motion." A party who had not appeared may not respond without leave of court.

So appearing early does two things: it buys the 5 days' notice, and it keeps the door open right up to the hearing.

Venue is checked at default. CR 55(a)(4): the motion must state the basis for venue, and "[a] default shall not be entered if it clearly appears to the court from the papers on file that the action was brought in an improper county." CR 55(c)(2) handles the aftermath — a default judgment entered in a county of improper venue "is valid but will on motion be vacated for irregularity pursuant to rule 60(b)(1)."

After a year, notice is required regardless. CR 55(f)(1): when more than one year has elapsed after service of the summons with no appearance made, the court shall not sign an order of default or enter judgment until notice of the time and place of the application is served.

Setting it aside — CR 55(c)(1). "For good cause shown and upon such terms as the court deems just, the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with rule 60(b)."

Same two-tier structure as the federal rule — good cause before judgment, CR 60(b) after. CR 60(b) lists the grounds and sets its own timing, with a one-year limit on the first several and a reasonable-time requirement throughout.

What to check first

1. Is there a case number? If not, the action may have been commenced by service alone. That is valid — and CR 3(a) gives you a written demand that forces filing within 14 days.
2. Which CR 12(a) period applies? 20 days is the default; publication, out-of-state personal service, Secretary of State service and service inside a custodial facility are all 60.
3. Read the summons. CR 4(a)(2) requires it to state the period if it isn't 20 days.
4. Appearing isn't answering — but appearing does buy you 5 days' notice before a default motion under CR 55(a)(3).
5. If the deadline has passed, CR 6(b)(2) needs excusable neglect, and CR 55(c) routes a judgment to CR 60(b).

How Washington compares

Where these rules live

• Wash. CR 3 — Commencement of Action
• Wash. CR 4 — Process
• Wash. CR 6 — Time
• Wash. CR 12 — Defenses and Objections
• Wash. CR 55 — Default and Judgment
• Wash. CR 60 — Relief from Judgment or Order

The Washington courts publish self-help material and forms at courts.wa.gov. This page explains what the rules say. It isn't legal advice, and commencement and tolling turn on RCW 4.16.170, a statute this site doesn't publish.