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Rule 60.Relief from judgment or order

Group 7: Judgment · Last amended April 28, 2015 · Last verified July 13, 2026

In one sentenceRule 60 lets a court fix clerical mistakes in a judgment at any time and, on eleven enumerated grounds ranging from excusable neglect to fraud to a void judgment, relieve a party from a final judgment, order, or proceeding by motion.

Full Text of Rule 60

Text sizeJump to: (a) (b) (c) (d) (e)

(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 or the party’s legal representative 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) 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;
(3) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under rule 59(b);
(4) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(5) The judgment is void;
(6) The judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application;
(7) If the defendant was served by publication, relief may be granted as prescribed in RCW 4.28.200;
(8) Death of one of the parties before the judgment in the action;
(9) Unavoidable casualty or misfortune preventing the party from prosecuting or defending;
(10) Error in judgment shown by a minor, within 12 months after arriving at full age; or
(11) Any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time and for reasons (1), (2) or (3) not more than 1 year after the judgment, order, or proceeding was entered or taken. If the party entitled to relief is a minor or a person of unsound mind, the motion shall be made within 1 year after the disability ceases. A motion under this section (b) does not affect the finality of the judgment or suspend its operation.
(c) Other remedies. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding.
(d) Writs abolished — Procedure. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review are abolished. The procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
(e) Procedure on vacation of judgment.
(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.
(2) Notice. Upon the filing of the motion and affidavit, the court shall enter an order fixing the time and place of the hearing thereof and directing all parties to the action or proceeding who may be affected thereby to appear and show cause why the relief asked for should not be granted.
(3) Service. The motion, affidavit, and the order to show cause shall be served upon all parties affected in the same manner as in the case of summons in a civil action at such time before the date fixed for the hearing as the order shall provide; but in case such service cannot be made, the order shall be published in the manner and for such time as may be ordered by the court, and in such case a copy of the motion, affidavit, and order shall be mailed to such parties at their last known post office address and a copy thereof served upon the attorneys of record of such parties in such action or proceeding such time prior to the hearing as the court may direct.
(4) Statutes. Except as modified by this rule, RCW 4.72.010-.090 shall remain in full force and effect.

Amendment History

Adopted May 5, 1967, effective July 1, 1967; amended Sept. 26, 1972, effective Sept. 26, 1972; amended, effective Jan. 1, 1977; amended, effective April 28, 2015.

Plain-English Summary

Rule 60 splits into two distinct powers. Rule 60(a) lets a court correct clerical mistakes in a judgment, order, or other part of the record, and errors from oversight or omission, at any time, on its own initiative or a party's motion, with whatever notice the court thinks appropriate. That power survives even after an appellate court accepts review, subject afterward to RAP 7.2(e).

Rule 60(b) is the substantive engine for reopening a final judgment. On motion and on terms the court finds just, a court can relieve a party or its legal representative from a final judgment, order, or proceeding for eleven reasons: mistake, inadvertence, surprise, excusable neglect, or irregularity in obtaining the judgment; erroneous proceedings against a minor or a person of unsound mind whose condition never appeared in the record; newly discovered evidence that due diligence could not have turned up in time for a Rule 59(b) new-trial motion; fraud, misrepresentation, or other misconduct by an adverse party; a judgment that is void; a judgment that has been satisfied, released, or discharged, or that rests on a prior judgment since reversed or vacated, or that no longer deserves prospective application; relief under RCW 4.28.200 where the defendant was served by publication; the death of a party before judgment; unavoidable casualty or misfortune that kept a party from prosecuting or defending the case; an error shown by a minor within 12 months of reaching full age; and, finally, any other reason justifying relief from the judgment.

Timing matters. The motion generally must come within a reasonable time, and for the first three grounds — mistake or excusable neglect, erroneous proceedings against a minor or incompetent person, and newly discovered evidence — no more than 1 year after the judgment, order, or proceeding. A party under a disability gets 1 year after that disability ends. Filing a Rule 60(b) motion does not itself affect the finality of the judgment or suspend its operation, though Rule 62(b) gives the court discretion to stay enforcement while the motion is pending.

Rule 60(c) preserves a court's power to entertain an independent action for relief from a judgment alongside the motion procedure. Rule 60(d) abolishes the old common-law writs — coram nobis, coram vobis, audita querela, and bills of review — and channels every request for relief from a judgment into a motion under these rules or an independent action. And Rule 60(e) lays out how a vacation motion proceeds: a motion and affidavit stating the grounds and, for a defendant, the facts constituting a defense; a court order fixing the time and place for a hearing and directing affected parties to show cause; service of the motion, affidavit, and order on those parties in the manner used for a summons, or by publication and mailing if that service cannot be made; with RCW 4.72.010 through .090 filling in anything the rule does not modify.

Frequently Asked Questions

What is the deadline to bring a 60(b) motion in Washington?

Generally a reasonable time. But for the first three grounds — mistake, inadvertence, surprise, or excusable neglect; erroneous proceedings against a minor or incompetent person; and newly discovered evidence — Rule 60(b) caps the motion at no more than 1 year after the judgment, order, or proceeding.

What grounds let me vacate a judgment under Rule 60(b)?

Eleven are listed, including mistake or excusable neglect in obtaining the judgment, newly discovered evidence, fraud or misconduct by the other side, a void judgment, a judgment already satisfied or based on a reversed prior judgment, service-by-publication relief under RCW 4.28.200, the death of a party before judgment, unavoidable casualty or misfortune, an error shown by a minor within 12 months of majority, and a catch-all for any other reason justifying relief.

Is there any deadline for vacating a void judgment?

The void-judgment ground is not one of the three grounds subject to the 1-year cap; like the other remaining grounds, it must still be raised within a reasonable time.

How is a 60(b) motion different from a Rule 59 motion for a new trial?

Rule 59 targets a verdict or decision shortly after it is entered, on a 10-day filing deadline. Rule 60(b) reaches a final judgment later, on the longer grounds and time limits described above, and Rule 60(b)(3) itself requires that newly discovered evidence could not have been raised in time for a Rule 59(b) motion.

Does filing a motion to vacate stop the judgment from being enforced?

Not automatically. Rule 60(b) says the motion does not affect the judgment's finality or suspend its operation, though Rule 62(b) allows the court to grant a discretionary stay while the motion is pending.

What happened to old writs like coram nobis?

Rule 60(d) abolishes them. Any request for relief from a judgment must now proceed by motion under these rules or by an independent action.

Can I fix a clerical mistake in a judgment without a Rule 60(b) motion?

Yes. Rule 60(a) lets the court correct clerical mistakes and errors from oversight or omission at any time, on its own initiative or a party's motion, without the grounds or time limits that apply under Rule 60(b).

Can I bring a separate lawsuit instead of a motion to get relief from a judgment?

Rule 60(c) preserves a court's power to entertain an independent action for relief from a judgment, order, or proceeding alongside the motion procedure.

Source & verification. Rule text and amendment history are reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the Supreme Court of Washington. Last verified July 13, 2026. · Official source
Also known as: 60(b) motion Washingtonrelief from judgment Washingtonvacate a judgment WashingtonCR 60newly discovered evidence vacate judgment Washingtonvoid judgment Washingtonmotion to vacate a default judgment Washington