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                               RULE CrR 7.8
                       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 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) Newly discovered evidence which by due diligence could not have been
discovered in time to move for a new trial under rule 7.5;

  (3) Fraud (whether heretofore denominated intrinsic or extrinsic),
misrepresentation, or other misconduct of an adverse party;

  (4) The judgment is void; or

  (5) Any other reason justifying relief from the operation of the
judgment.

  The motion shall be made within a reasonable time and for reasons (1) and
(2) not more than 1 year after the judgment, order, or proceeding was
entered or taken, and is further subject to RCW 10.73.090, .100, .130, and
.140. A motion under section (b) does not affect the finality of the
judgment or suspend its operation.

(c) Procedure on Vacation of Judgment.

  (1) Motion. Application shall be made by motion stating the grounds upon
which relief is asked, and supported by affidavits setting forth a concise
statement of the facts or errors upon which the motion is based.

  (2) Transfer to Court of Appeals. The court shall transfer a motion filed
by a defendant to the Court of Appeals for consideration as a personal
restraint petition unless the court determines that the motion is not
barred by RCW 10.73.090 and either (i) the defendant has made a substantial
showing that he or she is entitled to relief or (ii) resolution of the
motion will require a factual hearing.

  (3) Order to Show Cause. If the court does not transfer the motion to the
Court of Appeals, it shall enter an order fixing a time and place for
hearing and directing the adverse party to appear and show cause why the
relief asked for should not be granted.

[Adopted effective September 1, 1986; amended effective September 1, 1991;
June 24, 2003; September 1, 2007.]
	

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