Washington Motion to Vacate a Judgment

Introduction

Key Things to Know

1. 1

   Washington's rule is CR 60(b), and the statute on vacation of judgments, RCW 4.72.010-.090, remains in force except as CR 60 modifies it. CR 60(b) lists 11 reasons, including mistake, inadvertence, surprise, excusable neglect or irregularity in obtaining a judgment; erroneous proceedings against a minor or person of unsound mind, when the condition of such defendant does not appear in the record, nor the error in the proceedings; newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under rule 59(b); fraud or misconduct of an adverse party; a void judgment; service by publication (RCW 4.28.200); death of one of the parties before the judgment; unavoidable casualty or misfortune preventing the party from prosecuting or defending; and any other reason justifying relief. The court decides whether a reason is shown.

2. 2

   Every CR 60(b) motion must be made within a reasonable time. For reasons (1) mistakes, inadvertence, surprise, excusable neglect or irregularity, (2) erroneous proceedings against a minor or person of unsound mind, when the condition of such defendant does not appear in the record, nor the error in the proceedings, or (3) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under rule 59(b), it must also be made not more than 1 year after the judgment, order, or proceeding was entered or taken, subject to the later trigger below for a minor or person of unsound mind. That 1-year cap is tied to those three reasons, so a motion based on a void judgment is measured by the reasonable-time standard.

3. 3

   Some limits run from a later trigger. If the party entitled to relief is a minor or a person of unsound mind, the motion must be made within 1 year after the disability ceases. Reason (10), error in judgment shown by a minor, runs within 12 months after the minor arrives at full age.

4. 4

   The statutory routes have their own one-year limits: RCW 4.72.020 (a motion served within one year) and RCW 4.72.030 (proceedings commenced within one year after the judgment, or within one year from removal of a disability). RCW 4.72.080 says those time limits do not apply to certain judgments entered by consent or stipulation, depending on the grounds to vacate.

5. 5

   Under CR 60(e), the motion states the grounds and is supported by the affidavit of the applicant or the applicant's attorney, with a concise statement of the facts or errors and, for a defendant, the facts constituting a defense. The court then enters an order to show cause fixing the hearing, and the motion, affidavit and order are served on all affected parties like a summons. Under RCW 4.72.050, the judgment is not vacated until it is adjudged that there is a valid defense or, if the plaintiff seeks its vacation, that there is a valid cause of action.

6. 6

   Filing does not by itself stop enforcement. A CR 60(b) motion does not affect the finality of the judgment or suspend its operation. RCW 4.72.070 lets the party seeking to vacate obtain an injunction suspending proceedings on the whole or part of the judgment, and under RCW 4.72.090, if an application under that chapter to vacate a judgment or order for the recovery of money is denied after proceedings were suspended, the court may award damages of up to ten percent of the judgment or order.

7. 7

   In small claims, RCW 12.40.120 says a party in default may seek to have the default judgment set aside under the civil rules for setting aside judgments in district court; ask the district court clerk about that deadline. CR 60(c) preserves an independent action, and CR 60(d) abolishes bills of review and writs of coram nobis, coram vobis and audita querela. For a default judgment, also see /legal-document/set-aside-default/washington.

Washington Requirements for Motion to Vacate

• Listed Reasons

  CR 60(b)(1)-(11): includes mistake, excusable neglect or irregularity; erroneous proceedings against a minor or person of unsound mind, when the condition of such defendant does not appear in the record, nor the error in the proceedings; newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under rule 59(b); fraud; a void judgment; service by publication; death of one of the parties; unavoidable casualty or misfortune preventing the party from prosecuting or defending; and any other reason justifying relief.

• Time Limits

  CR 60(b): within a reasonable time, and for reasons (1) mistake or irregularity, (2) erroneous proceedings against a minor or person of unsound mind, when the condition of such defendant does not appear in the record, nor the error in the proceedings, or (3) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under rule 59(b), not more than 1 year after entry. A minor or person of unsound mind: within 1 year after the disability ceases. Reason (10): within 12 months after full age.

• Vacation Statute

  CR 60(e)(4): RCW 4.72.010-.090 remains in force except as modified by the rule. RCW 4.72.020 and 4.72.030 set one-year limits; RCW 4.72.080 lifts them for certain consent or stipulated judgments, depending on the grounds.

• Supporting Affidavit and Defense

  CR 60(e)(1): the motion is supported by the affidavit of the applicant or attorney with a concise statement of facts or errors and, for a defendant, the facts constituting a defense. RCW 4.72.050: no vacation until a valid defense or, if the plaintiff seeks its vacation, a valid cause of action is adjudged.

• Order to Show Cause and Service

  CR 60(e)(2)-(3): the court enters an order fixing the hearing and directing affected parties to appear; the motion, affidavit and order are served on all affected parties like a summons in a civil action.

• No Automatic Stay

  CR 60(b): the motion does not affect finality or suspend the judgment's operation. RCW 4.72.070 allows an injunction suspending proceedings; RCW 4.72.090: if an application to vacate a money judgment or order is denied after a suspension, damages up to ten percent.

• Small Claims Defaults

  RCW 12.40.120: a small claims party in default may seek to set aside the default judgment under the civil rules for setting aside judgments in district court.

• Reason and Timeliness Statement

  Name the CR 60(b) reason by number, the facts supporting it, the date the judgment was entered, and why the motion is within a reasonable time and any 1-year limit that applies.