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When you face an infraction in Washington — a non‑criminal violation processed under the infraction rules in the courts of limited jurisdiction — one key procedural requirement is how the notice of infraction is served. The infraction service rule governs this process. Below is a breakdown of how service must occur, why it matters, and what you should know.

What is the Infraction Service Rule?

In the state of Washington, infractions are handled under the Infraction Rules for Courts of Limited Jurisdiction (IRLJ). The specific rule governing initiation — including issuance, service, and filing — is Rule 2.2: “Initiation of Infraction Cases”. You can view that full text here: IRLJ 2.2 – Initiation of Infraction Cases. Washington Courts+1
Under this rule:

  • An infraction case is “initiated by the issuance, service, and filing of a notice of infraction”. Washington Courts+1
  • The rule sets out permissible methods of service of the notice of infraction (for example, personal service, affixing to vehicle for parking violations, or mailing by court). Washington Courts
  • The rule also imposes a filing deadline: “The notice must be filed within five (5) days of issuance … in the absence of good cause shown, a notice of infraction not filed within the time limits of this section shall, upon motion, be dismissed with prejudice.” Washington Courts

Key Provisions of the Infraction Service Rule

Here are the main parts of IRLJ 2.2 that specifically deal with service of notice:

Service Options (IRLJ 2.2(c)):

  • The citing officer may serve the notice of infraction on the person named in the notice at the time of issuance. Washington Courts
  • For parking, standing or stopping infractions, the citing officer may affix the notice to the vehicle in a conspicuous place. Washington Courts
  • If neither of the above applies, the citing officer or prosecuting authority may file the notice with the court, and then the court must serve the notice either personally or by mail (postage prepaid) to the person named. Washington Courts
  • If service by mail is returned as undeliverable, the court must issue a summons. Washington Courts

Filing Deadline (IRLJ 2.2(d)):

  • Once issued, the notice must be filed with the court “within five (5) days of issuance … excluding Saturdays, Sundays, and holidays”. Washington Courts
  • A notice filed after that deadline may be dismissed unless good cause is shown. Washington Courts

Statutory Support (RCW 7.80.050):

Why the Infraction Service Rule Matters

Proper service of the notice of infraction is critical because:

  • It triggers the court’s jurisdiction and the defendant’s right to respond. If service is not valid under the rule, the entire proceeding may be defective.
  • A filing delay (beyond the five‑day rule) or failure to serve correctly may give grounds for a defendant to seek dismissal.
  • For parking or vehicle‑related infractions, the alternate method of affixing the notice to the vehicle is permitted — but only under the rule’s specific terms.

In short, following the infraction service rule protects both the government’s case and the individual’s procedural rights.

Conclusion

Understanding the infraction service rule under Washington law is essential if you are dealing with a notice of infraction — whether you’re issuing it or responding to it. Proper service and timely filing preserve the validity of the case, while missteps can create procedural defenses or dismissal opportunities.

Contact Blanford Law today at ken@blanfordlaw.com or 253‑720‑9304 for guidance on your legal matter.

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