[a] summons must be issued as in other cases, returnable at a day
designated therein, which shall not be less than seven nor more
than thirty days from the date of service, except in cases where the
publication of summons is necessary, in which case the court or
judge thereof may order that the summons be made returnable at
such time as may be deemed proper, and the summons shall
specify the return day so fixed.
After attempting to personally serve Feigenbaum from December 1 to 3,
Hall obtained an order from the trial court permitting him to post and mail the
summons and complaint to the premises. The court also set a show cause
hearing for December 17. Hall mailed the pleadings on December 6 and posted
them at the premises on December 7.
Feigenbaum contends that he had 90 days to answer the summons under
CR 4(d)(4) and that Hall's service of the mailed eviction summons did not give
the notice required by CR 6(e).27 While the civil rules govern unlawful detainer
of giving notice according to the statutory requirements with such particularity as
not to deceive or mislead").
27 CR 6(e) provides,
Additional Time After Service by Mail. Whenever a party has
the right or is required to do some act or take some proceedings
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No. 68727-1-I (consol. with
No. 68927-4-I) /11
proceedings, where the civil rules conflict with the unlawful detainer statute they
are inapplicable because unlawful detainer actions are "special proceedings"
within the meaning ofCR 81(a).28 RCW 59.12.070 requires the return date for an
unlawful detainer summons "shall not be less than seven nor more than thirty
days from the date of service." This is consistent with the statute's purpose as a