Rule 82.Venue

Group 11: General Provisions · Last amended January 1, 1981 · Last verified July 13, 2026

In one sentenceRule 82 sets the venue options for suing a nonresident of Washington, lets a case filed in the wrong county proceed unless the defendant timely objects with an affidavit of merits, limits default judgments entered in an improper county, and directs how venue-transfer fees move between clerks.

Full Text of Rule 82

Text sizeJump to: (a) (b) (c) (d)

(a) Nonresident. An action against a nonresident of this state may be brought:

(1) In any county in which service of process may be had; or

(2) In a county in which the acts, or any of them, were done which gave rise to service under RCW 4.28.180 and 4.28.185; or

(3) In the county in which the plaintiffs, or any of them, reside.

(b) Request — Waiver. If an action is brought in the wrong county, the action may nevertheless be tried therein unless the defendant, pursuant to the provisions of rule 12, requests that the trial be held in the proper county and files an affidavit of merits.

(c) Default. See rule 55(c). No order of default shall be entered if it clearly appears to the court from the papers on file that the action was brought in an improper county, except as provided in rule 55(c)(2)(a) or (b).

(d) Change of venue — Fees. Any fees or costs required to be paid by a party pursuant to RCW 4.12.090 shall be to the clerk of the county from which the case is being transferred by check or money order made payable to the clerk of the county to which the case is being transferred.

Amendment History

Adopted May 5, 1967, effective July 1, 1967; amended March 4, 1975, effective July 1, 1975; amended, adopted July 20, 1978, effective Sept. 1, 1978; amended, adopted Dec. 2, 1980, effective Jan. 1, 1981.

Plain-English Summary

Subsection (a) gives three counties where an action against a nonresident of Washington may be brought: any county where service of process may be had; a county where the acts giving rise to service under RCW 4.28.180 and 4.28.185 occurred; or a county where any of the plaintiffs reside.

Subsection (b) means filing in the wrong county does not automatically derail the case -- it can still be tried there unless the defendant, through a motion under Rule 12, requests transfer to the proper county and files an affidavit of merits. Improper venue is a defense the defendant must actively raise with supporting proof, not one that dismisses the action on its own.

Subsection (c) cross-references Rule 55(c) on default: the court must not enter an order of default if the papers on file clearly show the action was filed in the wrong county, except as Rule 55(c)(2)(a) or (b) provide -- meaning the parties stipulated in writing to venue after the suit began, or the defendant appeared, received notice of the default motion, and did not object to venue before default was entered. Improper venue blocks a default order only when the defendant has not already given up the objection.

Subsection (d) handles the mechanics of moving a case between counties: fees required under RCW 4.12.090 are paid to the clerk of the county the case is leaving, by check or money order made payable to the clerk of the county receiving the case.

Frequently Asked Questions

In which counties can you sue a nonresident of Washington?

Rule 82(a) permits three: any county where service of process may be had, a county where the acts giving rise to service under RCW 4.28.180 and 4.28.185 occurred, or a county where any of the plaintiffs reside.

What happens if a lawsuit is filed in the wrong county?

Under Rule 82(b), the action may still be tried there unless the defendant files a motion under Rule 12 requesting the proper county and submits an affidavit of merits.

What must a defendant do to challenge improper venue?

Move under Rule 12 to have the trial held in the proper county and file an affidavit of merits along with that motion.

Can a default judgment be entered in a county where venue is improper?

Rule 82(c) bars entry of a default order when the record clearly shows improper venue, except where Rule 55(c)(2)(a) or (b) apply -- a written stipulation to venue, or an appearance without a timely venue objection.

Who pays the fees when a case is transferred to a different county?

Whatever party owes the fee under RCW 4.12.090 pays the clerk of the county the case is leaving, by check or money order payable to the clerk of the receiving county, per Rule 82(d).

What statutes govern the service that can establish venue under Rule 82(a)(2)?

RCW 4.28.180 and 4.28.185, the statutes referenced in that subsection.

Source & verification. Rule text and amendment history are reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the Supreme Court of Washington. Last verified July 13, 2026. · Official source

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