Rule 60.Relief from judgment or order
Group 7: Judgment · Last amended April 28, 2015 · Last verified July 13, 2026
Full Text of Rule 60
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.