CR 60(e) Show Cause
Many Defendants seek to have default judgments entered against them modified or vacated pursuant to the provisions of CR 60. However, a Defendant or party seeking to have a default judgment modified or vacated must first show cause why the Court should even consider their motion to modify or vacate a previously entered default judgment.
Default judgments are not favored by Washington Courts.[1] Instead, the legal policy is that controversies should be determined on their merits.[2] Default judgments may, therefore, be set aside in an equitable proceeding aimed at ensuring that justice between the parties be fairly and judicially done.[3] What is just and proper depends on the facts of each case.[4]
Washington State Rule of Civil Procedure (CR) 60 provides the grounds and procedures to set aside a default judgment. Before a Court will consider a party’s motion or modify a default judgment, however, the party must first show there is good and valid cause for the court to consider such a motion. This requirement is contained at subsection (e) of CR 60 and provides the following:
CR 60(e)(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 the applicant’s 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.[5]
Valid causes for vacating or modifying previously entered default judgments are enumerated under RCW 4.72.010. RCW 4.72.010 provides the following (in relevant part):
Causes for enumerated. The superior court in which a judgment or final order has been rendered, or made, shall have power to vacate or modify such judgment or order: (1) By granting a new trial for the cause, within the time and in the manner, and for any of the causes prescribed by the rules of court relating to new trials. (2) By a new trial granted in proceedings against defendants served by publication only as prescribed in RCW 4.28.200. (3) For mistakes, neglect or omission of the clerk, or irregularity in obtaining a judgment or order. (4) For fraud practiced by the successful party in obtaining the judgment or order. (5) 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. (6) For the death of one of the parties before the judgment in the action. (7) For unavoidable casualty, or misfortune preventing the party from prosecuting or defending. (8) For error in judgment shown by a minor, within twelve months after arriving at full age.[6]
It goes without saying that you should do everything within your power to respond as promptly and efficiently as possible once you have been served with a lawsuit or are otherwise involved in pending litigation. However, in the event you are unable to respond in accordance with the timeline established under the Rules of Civil Procedure or there are extenuating circumstances that have resulted in a default judgment being entered against you, the best option available to you is to move to have the default judgment modified or vacated entirely. In order to do that, you must first make a showing of cause as enumerated and established under RCW 4.72.010 and CR 60.
To learn more about CR 60(e), please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.
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[1] Griggs v. Averbeck Realty, Inc., 92 Wn.2d 576, 599 P.2d 1289 (1979).
[2] Dlouhy v. Dlouhy, 55 Wn.2d 718, 349 P.2d 1073 (1960).
[3] White v. Holm, 73 Wn.2d 348, 351, 438 P.2d 581 (1968).
[4] Griggs, 92 Wn.2d at 582.
[5] CR 60(e)(1).
[6] RCW 4.72.010(1)-(6).