Washington default judgments: five days' notice, a venue statement, and what happens after a year

Washington's default rule contains four requirements a moving party can fail on paperwork alone, and one consequence — a valid but vacatable judgment, with fees — that has no counterpart in any other rule on this site.

It also gives a defendant more room to escape than most systems do, right up to the hearing.

Getting a default entered

CR 55(a)(1) — the motion. Where a party against whom affirmative relief is sought "has failed to appear, plead, or otherwise defend as provided by these rules and that fact is made to appear by motion and affidavit, a motion for default may be made."

Washington uses a motion, not a clerk's entry. Compare Federal Rule 55(a) and Hawaii's Rule 55(a), where the clerk enters default on an affidavit with no motion and no notice.

CR 55(a)(3) — notice. "Any party who has appeared in the action for any purpose shall be served with a written notice of motion for default and the supporting affidavit at least 5 days before the hearing." A party who has not appeared before the motion and affidavit are filed "is not entitled to a notice of the motion, except as provided in rule 55(f)."

"For any purpose" is broad, and CR 4 makes appearing cheap: a written notice of appearance signed and served on the person who signed the summons is enough.

CR 55(a)(4) — the venue statement. This one is easy to miss and fatal when missed:

A motion for default shall include a statement of the basis for venue in the action. A default shall not be entered if it clearly appears to the court from the papers on file that the action was brought in an improper county.

Every default motion in Washington carries a venue statement. The court is directed to refuse default where the papers show the wrong county.

The defendant's escape hatch

CR 55(a)(2) is generous, and it distinguishes sharply between a party who has appeared and one who has not:

Any party may respond to any pleading or otherwise defend at any time before a motion for default and supporting affidavit is filed, whether the party previously has appeared or not. If the party has appeared before the motion is filed, the party may respond to the pleading or otherwise defend at any time before the hearing on the motion. If the party has not appeared before the motion is filed, the party may not respond … without leave of court.

Any appearances for any purpose in the action shall be for all purposes under this rule 55.

Read across, that produces three positions:

That is the whole argument for filing a notice of appearance early. It costs almost nothing and it is the difference between answering as of right up to the hearing and needing the court's permission.

Alaska reaches a similar place by a different route — its Rule 55(a)(1) requires the default application to be served on everyone, including a party who never appeared, and Rule 55(a)(2) makes the clerk wait seven days.

Getting judgment entered

The gate — CR 55(b): judgment after default "may be entered as follows, if proof of service is on file as required by subsection (b)(4)."

And CR 55(b)(4) says it again from the other direction: "Costs shall not be awarded and default judgment shall not be rendered unless proof of service is on file with the court."

In a case commenced by service under CR 3(a) with nothing filed, this is the step people forget. The service happened; the proof of it may never have reached the court.

Sum certain — CR 55(b)(1). Where the claim is "for a sum certain or for a sum which can by computation be made certain," the court on motion and affidavit of the amount due shall enter judgment for that amount and costs, provided the party is not an infant or incompetent person. No default judgment against an infant or incompetent person "unless represented by a general guardian or guardian ad litem."

Findings of fact and conclusions of law are not necessary under this subsection even though reasonable attorney fees are requested and allowed.

Amount uncertain — CR 55(b)(2). Where it is necessary to take an account, determine damages, establish the truth of an averment by evidence, or investigate any other matter, the court may conduct hearings — or, "when required by statute, shall have such matters resolved by a jury."

Findings of fact and conclusions of law are required under this subsection.

That contrast is the practical drafting point. A sum-certain default needs no findings; anything requiring proof of damages does, and a proposed judgment without them is incomplete.

Publication or mail service — CR 55(b)(3). Where the summons was served by publication, or by mail under CR 4(d)(4), the plaintiff may apply for judgment on proof of service after the answering time expires. Then:

The court must thereupon require proof of the demand mentioned in the complaint, and must require the plaintiff or the plaintiff's agent to be examined on oath respecting any payments that have been made to the plaintiff, or to anyone for the plaintiff's use on account of such demand, and may render judgment for the amount which the plaintiff is entitled to recover.

Two mandatory steps — proof of the demand, and a sworn examination about payments received — because the defendant almost certainly never saw the summons. Expect to appear and be questioned, not to submit a declaration.

The ceiling — CR 55(d): in all cases a default judgment is subject to CR 54(c), which limits the judgment to the relief demanded in the pleading. A default judgment cannot award more, or different relief, than the complaint asked for.

The venue trap: valid, vacatable, and expensive

CR 55(c)(2) has no analogue in the other rule sets on this site:

A default judgment entered in a county of improper venue is valid but will on motion be vacated for irregularity pursuant to rule 60(b)(1). A party who procures the entry of the judgment shall, in the vacation proceedings, be required to pay to the party seeking vacation the costs and reasonable attorney fees incurred by the party in seeking vacation if the party procuring the judgment could have determined the county of proper venue with reasonable diligence.

Three moving parts.

The judgment is valid — it is not a nullity, and it is not void under CR 60(b)(5).

But it will be vacated on motion, as an irregularity under CR 60(b)(1). Note the consequence for timing: CR 60(b)(1) motions carry the one-year limit, unlike the void-judgment ground.

And fees shift to the party who took it, on a reasonable-diligence standard. Not bad faith — diligence.

Two exceptions in the same subsection: it does not apply if the parties stipulate in writing to venue after commencement, or if the defendant has appeared, has been given written notice of the motion for an order of default, and does not object to venue before the entry of the default order.

The second exception is the mirror image of CR 55(a)(4). The moving party must state the basis for venue; the appearing defendant who receives that statement and says nothing loses the point.

After a year: ten days' notice, four ways to give it

CR 55(f)(1) is the rule that catches plaintiffs who let a served case sit:

When more than 1 year has elapsed after service of summons with no appearance being made, the court shall not sign an order of default or enter a judgment until a notice of the time and place of the application for the order or judgment is served on the party in default, not less than 10 days prior to the entry. Proof by affidavit of the service of the notice shall be filed before entry of the judgment.

This overrides the ordinary position that a non-appearing party gets no notice at all. After a year, everyone gets notice.

CR 55(f)(2) — how to serve it, in order:

(A) by service upon the attorney of record; (B) if there is no attorney of record, then by service upon the defendant by certified mail with return receipt of said service to be attached to the affidavit in support of the application; or (C) by a personal service upon the defendant in the same manner provided for service of process. (D) If service of notice cannot be made under subsections (A) and (C), the notice may be given by publication in a newspaper of general circulation in the county in which the action is pending for one publication, and by mailing a copy to the last known address of each defendant. Both the publication and mailing shall be done 10 days prior to the hearing.

Note that (D) requires both publication and mailing, both at least 10 days out, and only one publication is needed.

Undoing a default

CR 55(c)(1):

For good cause shown and upon such terms as the court deems just, the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with rule 60(b).

The familiar two-tier structure: good cause before judgment, the full CR 60(b) standard after. Washington's CR 60(b) has eleven grounds, with the one-year cap running only to grounds (1), (2) and (3) — so fraud under ground (4) is not capped at a year.

The separate guide on setting aside a Washington judgment covers CR 60(b) in full.

How Washington compares

A short checklist

Seeking a default

1. Get proof of service on file first. Without it there is no judgment and no costs.
2. Include the venue statement in the motion. CR 55(a)(4) requires it, and the court must refuse default where the county is clearly wrong.
3. Check whether the defendant has appeared for any purpose. If so, serve the motion and affidavit at least five days before the hearing — and expect they may answer up to the hearing.
4. Count the time since service. More than a year with no appearance means 10 days' notice, served one of four specified ways, with proof by affidavit filed before entry.
5. Decide which subsection you are under. Sum certain needs no findings; an uncertain amount requires findings of fact and conclusions of law.
6. If service was by publication or CR 4(d)(4) mail, prepare for proof of the demand and a sworn examination about payments received.
7. Check your judgment against CR 54(c). It cannot exceed what the pleading demanded.
8. Confirm venue was right. A wrong-county judgment will be vacated and can cost you the other side's fees.

Facing one

1. File a written notice of appearance now. It buys five days' notice and the right to respond up to the hearing.
2. If a motion has been filed and you never appeared, you need leave of court — so move promptly.
3. Check venue. If the case is in the wrong county, CR 55(c)(2) gives you vacation plus fees, subject to its two exceptions — and one of them is losing the point by not objecting.
4. Check proof of service. No proof on file, no judgment.
5. If judgment has already been entered, you are in CR 60(b), and the ground you pick determines whether the one-year cap applies.

Where these rules live

• Wash. CR 3 — Commencement of action
• Wash. CR 4 — Process
• Wash. CR 5 — Service and filing of pleadings and other papers
• Wash. CR 6 — Time
• Wash. CR 12 — Defenses and objections
• Wash. CR 54 — Judgments and costs
• Wash. CR 55 — Default and judgment
• Wash. CR 60 — Relief from judgment or order

This page explains what the rules say. It isn't legal advice, and superior court local rules add their own default presentation requirements.