Chapter 65.16 RCW

LEGAL PUBLICATIONS

Sections

65.16.010Weekly publicationHow made.
65.16.020Qualifications of legal newspaper.
65.16.030Affidavit of publicationPresumption.
65.16.040Legal publications to be approvedOrder of approval.
65.16.050Revocation of approvalNotice.
65.16.060Choice of newspapers.
65.16.070List posted in clerk's office.
65.16.080Scope of provisions.
65.16.091Rates for legal notices.
65.16.095Rates for political candidates.
65.16.100Omissions for Sundays and holidays.
65.16.110Affidavit to cover payment of fees.
65.16.120Payment of fees in advance, on demand.
65.16.130Publication of official notices by radio or televisionRestrictions.
65.16.150Proof of publication by radio or television.
65.16.160Publication of ordinances.

NOTES:

Civil procedure, legal publication generally: Chapter 4.28 RCW.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Powers of appointment: Chapter 11.95 RCW.


Weekly publicationHow made.

The publication of legal notices required by law, or by an order of a judge or court, to be published in a newspaper once in each week for a specified number of weeks, shall be made on the day of each week in which such newspaper is published.
[ 1893 c 127 § 27; RRS § 253.]



Qualifications of legal newspaper.

The qualifications of a legal newspaper are that such newspaper shall have been published regularly, at least once a week, in the English language, as a newspaper of general circulation, in the city or town where the same is published at the time of application for approval, for at least six months prior to the date of such application; shall be compiled either in whole or in part in an office maintained at the place of publication; shall contain news of general interest as contrasted with news of interest primarily to an organization, group or class; shall have a policy to print all statutorily required legal notices; and shall hold a periodical class mailing permit: PROVIDED, That in case of the consolidation of two or more newspapers, such consolidated newspaper shall be considered as qualified if either or any of the papers so consolidated would be a qualified newspaper at the date of such legal publication, had not such consolidation taken place: PROVIDED, That this section shall not disqualify as a legal newspaper any publication which, prior to June 8, 1961, was adjudged a legal newspaper, so long as it continues to meet the requirements under which it qualified.



Affidavit of publicationPresumption.

All legal and other official notices shall be published in a legal newspaper as herein defined, and the affidavit of publication shall state that the newspaper has been approved as a legal newspaper by order of the superior court of the county in which it is published, and shall be prima facie evidence of that fact. Wherever a legal notice, publication, advertisement or other official notice is required to be published by any statute or law of the state of Washington, the proof of such publication shall be the affidavit of the printer, publisher, foreman, principal clerk or business manager of the newspaper which published said notice.



Legal publications to be approvedOrder of approval.

Sixty days from and after the date *this act becomes effective, a legal newspaper for the publication of any advertisement, notice, summons, report, proceeding, or other official document now or hereafter required by law to be published, shall be a newspaper which has been approved as a legal newspaper by order of the superior court of the county in which such newspaper is published. Such order may be entered without notice upon presentation of a petition by or on behalf of the publisher, setting forth the qualifications of the newspaper as required by *this act, and upon evidence satisfactory to the court that such newspaper is so qualified.
[ 1941 c 213 § 1; Rem. Supp. 1941 § 253a.]

NOTES:

*Reviser's note: (1) The language "this act" appears in 1941 c 213 codified as RCW 65.16.020 through 65.16.080.
(2) The effective date of this act is midnight June 11, 1941; see preface 1941 session laws.



Revocation of approvalNotice.

An order of approval of a newspaper shall remain effective from the time of the entry thereof until the approval be terminated by a subsequent order of the court, which may be done whenever it shall be brought to the attention of the court that the newspaper is no longer qualified as a legal newspaper, and after notice of hearing issued by the clerk and served upon the publisher, at least ten days prior to the date of hearing, by delivering a copy of such notice to the person in charge of the business office of the publisher, or if the publisher has no business office at the time of service, by mailing a copy of such notice addressed to the publisher at the place of publication alleged in the petition for approval.
[ 1941 c 213 § 2; Rem. Supp. 1941 § 253b.]



Choice of newspapers.

Any summons, citation, notice of sheriff's sale, or legal advertisement of any description, the publication of which is now or may be hereafter required by law, may be published in any daily or weekly legal newspaper published in the county where the action, suit or other proceeding is pending, or is to be commenced or had, or in which such notice, summons, citation, or other legal advertisement is required to be given: PROVIDED, HOWEVER, That if there be more than one legal newspaper in which any such legal notice, summons, citation or legal advertisement might lawfully be published, then the plaintiff or moving party in the action, suit or proceeding shall have the exclusive right to designate in which of such qualified newspapers such legal notice, summons, citation, notice of sheriff's sale or other legal advertisement shall be published.
[ 1941 c 213 § 6; 1921 c 99 § 5; Rem. Supp. 1941 § 253-5.]



List posted in clerk's office.

Publications commenced in a legal newspaper, *when this act takes effect, may be completed in that newspaper notwithstanding any failure to obtain an order of approval under *this act, and notwithstanding an order of termination of approval prior to completion of publication. The clerk of the superior court of each county shall post and keep posted in a prominent place in his or her office a list of the newspapers published in that county which are approved as legal newspapers.

NOTES:

*Reviser's note: "this act," "when this act takes effect," see note following RCW 65.16.040.



Scope of provisions.

The provisions of *this act shall not apply in counties where no newspaper has been published for a period of one year prior to the publication of such legal or other official notices.
[ 1941 c 213 § 5; 1921 c 99 § 3; Rem. Supp. 1941 § 253-3.]

NOTES:

*Reviser's note: "this act," see note following RCW 65.16.040.



Rates for legal notices.

The rate charged by a newspaper for legal notices shall not exceed the national advertising rate extended by the newspaper to all general advertisers and advertising agencies in its published rate card.



Rates for political candidates.

The rate charged by a newspaper for advertising in relation to candidates for political office shall not exceed the national advertising rate extended to all general advertisers and advertising agencies in its published rate card.

NOTES:

Severability1955 c 186: "If any section of this act shall be found unconstitutional it shall not invalidate the remaining section." [ 1955 c 186 § 3.]



Omissions for Sundays and holidays.

Where any law or ordinance of any incorporated city or town in this state provides for the publication of any form of notice or advertisement for consecutive days in a daily newspaper, the publication of such notice on legal holidays and Sundays may be omitted without in any manner affecting the legality of such notice or advertisement: PROVIDED, That the publication of the required number of notices is complied with.
[ 1921 c 99 § 6; RRS § 253-6.]



Affidavit to cover payment of fees.

The affidavit of publication of all notices required by law to be published shall state the full amount of the fee charged for such publication and that the fee has been paid in full.
[ 1921 c 99 § 7; RRS § 253-7.]



Payment of fees in advance, on demand.

When, by law, any publication is required to be made by an officer of any suit, process, notice, order or other papers, the costs of such publication shall, if demanded, be tendered by the party procuring such publication before such officer shall be compelled to make publication thereof.
[Code 1881 § 2092; 1869 p 373 § 14; RRS § 504.]



Publication of official notices by radio or televisionRestrictions.

Any official of the state or any of its political subdivisions who is required by law to publish any notice required by law may supplement publication thereof by radio or television broadcast or both when, in his or her judgment, the public interest will be served thereby: PROVIDED, That the time, place, and nature of such notice only be read or shown with no reference to any person by name then a candidate for political office, and that notices by political subdivisions may be made only by stations whose signal is received within the county of origin of the legal notice.



Proof of publication by radio or television.

Written documentation of proof of publication of legal notice or notice of event must be provided by the radio or television station broadcasting the notice.



Publication of ordinances.

(1) Whenever any county is required by law to publish legal notices containing the full text of any proposed or adopted ordinance in a newspaper, the county may publish a summary of the ordinance which summary shall be approved by the governing body and which shall include:
(a) The name of the county;
(b) The formal identification or citation number of the ordinance;
(c) A descriptive title;
(d) A section-by-section summary;
(e) Any other information which the county finds is necessary to provide a complete summary; and
(f) A statement that the full text will be mailed upon request.
Publication of the title of an ordinance by a county authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a complete summary of that ordinance, and a section-by-section summary shall not be required.
(2) Subsection (1) of this section notwithstanding, whenever any publication is made under this section and the proposed or adopted ordinance contains provisions regarding taxation or penalties or contains legal descriptions of real property, then the sections containing this matter shall be published in full and shall not be summarized. When a legal description of real property is involved, the notice shall also include the street address or addresses of the property described, if any. In the case of descriptions covering more than one street address, the street addresses of the four corners of the area described shall meet this requirement.
(3) The full text of any ordinance which is summarized by publication under this section shall be mailed without charge to any person who requests the text from the adopting county.