Motion to Set Aside Default and Default Judgment
(WA)

Summary

This template is a defendant's motion to set aside a default and default judgment that was previously entered in a civil action in Washington superior court. This template includes practical guidance and drafting notes. This template is for use when both an order of default and a default judgment have previously been entered against the defendant and the defendant moves to set aside both under Wash. CR 60(b). The template may be modified for use when only a default has been entered and the defendant seeks to set aside the default under Wash. CR 55(c)(1). The motion should be accompanied by an affidavit (or unsworn declaration as permitted by Wash. GR 13(a)) setting forth (1) a concise statement of the facts or errors on which the motion is based, and (2) the facts constituting a defense to the action or proceeding. Wash. CR 60(e)(1). The declaration must set out facts constituting a defense; it cannot merely state allegations and conclusions. Farmers Ins. Co. v. Waxman Indus., 132 Wn. App. 142, 147–48, 130 P.3d 874 (2006) (declaration insufficient). The motion must also comply with general statewide requirements for motions as well as any format requirements set forth in applicable local rules. For discussion, see Motion Practice Fundamentals (WA). See also Formatting Rules in Court Checklist (WA) and Motion Practice Local Rules Guide (Statewide) (WA). The motion should be signed by the defendant's attorney as required by Wash. CR 11(a). This template follows the standard format for motions in King County Superior Court (see Wash. King Super. Ct. LCR 7(b)(5)(B)), which is acceptable in most other counties. Be sure to check local rules in the court where the action is pending for any additional requirements regarding the format of motions generally or for motions to set aside default specifically. A motion for relief from a default judgment for grounds stated in Wash. CR 60(b)(1)–(3) must be made within one year after the judgment was entered. Wash. CR 60(b). The one-year period does not begin to run until the default judgment is a final judgment. Rush v. Blackburn, 190 Wn. App. 945, 958–959, 361 P.3d 217 (2015) (one-year period did not begin to run until remaining claims against remaining party were dismissed). A motion to set aside a default judgment by a minor or a person of unsound mind must be made within one year after the disability ceases. Wash. CR 60(b). Otherwise, a motion to set aside a default judgment generally must be made within a "reasonable time." Wash. CR 60(b). The motion and supporting declaration should be filed with the court. See Wash. CR 5(e). For filing procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (WA). On filing a motion and declaration for relief from default judgment with the court, the court must enter an order fixing the time and place of a hearing on the motion. The order must also direct all affected parties to the action to appear and show cause why the relief from the judgment should not be granted. Wash. CR 60(e)(2). Local rules may provide additional details regarding the procedure for scheduling the motion. See Motion Practice Fundamentals (WA). Once you have received a hearing date, you should serve the motion, declaration, and the order to show cause on all affected parties in the same manner as for service of summons in a civil action. The papers must be served on or before the time specified in the order to show cause. See Wash. CR 60(e)(3). For discussion of procedures for service of summons, see Commencing a Lawsuit: Serving Process (WA). If service as for a summons cannot be made before the hearing, Wash. CR 60(e)(3) provides for alternative service by publication and mailing. For full discussion of the procedure for setting aside a default and default judgment, see Default: Setting Aside Default Judgment (WA).