RULE 60
RELIEF FROM JUDGMENT OR ORDER
(a) Clerical Mistakes. Clerical mistakes in judgments, orders or other
parts of the record and errors therein arising from oversight or omission
may be corrected by the court at any time of its own initiative or on the
motion of any party and after such notice, if any, as the court orders.
Such mistakes may be so corrected before review is accepted by an appellate
court, and thereafter may be corrected pursuant to RAP 7.2(e).
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered
Evidence; Fraud; etc. On motion and upon such terms as are just, the court
may relieve a party or his legal representative from a final judgment,
order, or proceeding for the following reasons:
(1) Mistakes, inadvertence, surprise, excusable neglect or irregularity
in obtaining a judgment or order;
(2) For 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;
(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);
(4) Fraud (whether heretofore denominated intrinsic or extrinsic),
misrepresentation, or other misconduct of an adverse party;
(5) The judgment is void;
(6) The judgment has been satisfied, released, or discharged, or a
prior judgment upon which it is based has been reversed or otherwise
vacated, or it is no longer equitable that the judgment should have
prospective application;
(7) If the defendant was served by publication, relief may be granted
as prescribed in RCW 4.28.200;
(8) Death of one of the parties before the judgment in the action;
(9) Unavoidable casualty or misfortune preventing the party from
prosecuting or defending;
(10) Error in judgment shown by a minor, within 12 months after
arriving at full age; or
(11) Any other reason justifying relief from the operation of the
judgment.
The motion shall be made within a reasonable time and for reasons (1),
(2) or (3) not more than 1 year after the judgment, order, or proceeding
was entered or taken. If the party entitled to relief is a minor or a
person of unsound mind, the motion shall be made within 1 year after the
disability ceases. A motion under this section (b) does not affect the
finality of the judgment or suspend its operation.
(c) Other Remedies. This rule does not limit the power of a court to
entertain an independent action to relieve a party from a judgment, order,
or proceeding.
(d) Writs Abolished--Procedure. Writs of coram nobis, coram vobis,
audita querela, and bills of review and bills in the nature of a bill of
review are abolished. The procedure for obtaining any relief from a
judgment shall be by motion as prescribed in these rules or by an
independent action.
(e) Procedure on Vacation of Judgment.
(1) Motion. Application shall be made by motion filed in the cause
stating the grounds upon which relief is asked, and supported by the
affidavit of the applicant or his attorney setting forth a concise
statement of the facts or errors upon which the motion is based, and if the
moving party be a defendant, the facts constituting a defense to the action
or proceeding.
(2) Notice. Upon the filing of the motion and affidavit, the court
shall enter an order fixing the time and place of the hearing thereof and
directing all parties to the action or proceeding who may be affected
thereby to appear and show cause why the relief asked for should not be
granted.
(3) Service. The motion, affidavit, and the order to show cause shall
be served upon all parties affected in the same manner as in the case of
summons in a civil action at such time before the date fixed for the
hearing as the order shall provide; but in case such service cannot be
made, the order shall be published in the manner and for such time as may
be ordered by the court, and in such case a copy of the motion, affidavit,
and order shall be mailed to such parties at their last known post office
address and a copy thereof served upon the attorneys of record of such
parties in such action or proceeding such time prior to the hearing as the
court may direct.
(4) Statutes. Except as modified by this rule, RCW 4.72.010-.090 shall
remain in full force and effect.
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