Revised Code of Washington Chapter 4.72 — Vacation and Modification of Judgments

Washington · statute · Wash. Rev. Code ch. 4.72 · 8 active provisions

Wash. Rev. Code § 4.72.010

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…

WashingtonVacation and Modification of Judgmentseffective

Wash. Rev. Code § 4.72.020

Motion to vacate—Time limitation

The proceedings to vacate or modify a judgment or order for mistakes or omissions of the clerk, or irregularity in obtaining the judgment or order, shall be by motion served on the adverse party or on his or her attorney in the action, and within one year.

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Wash. Rev. Code § 4.72.030

Petition to vacate for certain causes—Time limitation

RCW 4.72.010 (2), (3), (4), (5), (6), and (7) shall be by petition verified by affidavit, setting forth the judgment or order, the facts or errors constituting a cause to vacate or modify it, and if the party is a defendant, the facts constituting a defense to the action; and such proceedings must be commenced within o…

WashingtonVacation and Modification of Judgmentseffective

Wash. Rev. Code § 4.72.050

Conditions precedent to vacation

The judgment shall not be vacated on motion or petition until it is adjudged that there is a valid defense to the action in which the judgment is rendered; or, if the plaintiff seeks its vacation, that there is a valid cause of action; and when judgment is modified, all liens and securities obtained under it shall be p…

WashingtonVacation and Modification of Judgmentseffective

Wash. Rev. Code § 4.72.060

Grounds for vacation may first be tried

The court may first try and decide upon the grounds to vacate or modify a judgment or order, before trying or deciding upon the validity of the defense or cause of action.

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Wash. Rev. Code § 4.72.070

Injunction to suspend proceedings

The party seeking to vacate or modify a judgment or order may obtain an injunction suspending proceedings on the whole or part thereof, which injunction may be granted by the court or the judge upon its being rendered probable, by affidavit or petition sworn to, or by exhibition of the record, that the party is entitle…

WashingtonVacation and Modification of Judgmentseffective

Courts & Civil Procedure

Wash. Rev. Code § 4.72.080

Construction of chapter—Time limitations when fraud, misrepresentation concerned

The provisions of this chapter shall not be so construed as to affect the power of the court to vacate or modify judgments or orders as elsewhere in this code provided; nor shall the time limitations set forth in this chapter within which proceedings to vacate or modify a judgment must be started apply to a judgment he…

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Wash. Rev. Code § 4.72.090

Judgment upon denial of application

In all cases in which an application under this chapter to vacate or modify a judgment or order for the recovery of money is denied, if proceedings on the judgment or order shall have been suspended, judgment shall be rendered against the plaintiff [applicant] for the amount of the former judgment or order, interest an…

WashingtonVacation and Modification of Judgmentseffective

Courts & Civil Procedure