Motion to Vacate Judgment/Order in a Family - Washington LawHelp

of Service. If there is a Return of Service or Certificate of Service, see what it says about howyou were served. If it is not accurate, think about how you are going to prove it is wrong.There are other reasons that you might file a Motion to Vacate. These reasons are all listed inthe Superior Court Civil Rule 60 attached to this publication.You may feel that you have enough evidence to show one of the grounds listed in the rule,before proceeding. But you should still talk about your case lawyer. Filing what the court thinksis a frivolous motion may lead to your being ordered to pay the other side’s costs, includingattorney’s fees.Please note: The rule requires that you bring a motion under Civil Rule 60 within a reasonabletime, but for three of the reasons listed: CR60(b)(1) CR60(b)(2), and CR 60(b)(3), you must bringthe motion no more than one year after the order was entered into. You should figure outwhether your motion is timely before proceeding to file this motion.How do I make a Motion to Vacate?SUMMARY OF STEPSStep 1: Get the Required Forms and DocumentsStep 2: Fill out the FormsStep 3: Talk to an Attorney, if PossibleStep 4: Get a Judge or Commissioner’s Signature / Copy FormsStep 5: File / Deliver Working PapersStep 6: Have the Other Party ServedStep 7: Confirm Hearing and Go To Hearing2

STEP 1: GET THE FORMS AND DOCUMENTS YOU NEED - (Forms numbers 1, 2, 3, 4, and 6 areincluded in this publication at the end of the instructions)FORM 1: Order to Show Cause (Vacate Judgment/Order)FORM 2: Motion for Order to Show Cause Regarding Vacation of Judgment/OrderFORM 3: Declaration FormFORM 4: Order on Motion to Vacate Judgment/OrderFORM 5: Copy of the Order you wish to have vacatedFORM 6: Return of Service (also known as an Affidavit of Service)OTHER DOCUMENTS (OPTIONAL): Any other document you want the court to consider for yourMotion. You should attach other documents, such as letters or records, to your declaration asexhibits.STEP 2: FILL OUT THE FORMSOn all of the forms, fill out the caption (the top portion of each form naming the county, theparties involved and the case number) by copying the caption from the order you are trying tovacate.FORM 1 - Order to Show Cause (Vacate Judgment/Order) – You use an Order to Show Cause toschedule a court date so your Motion to Vacate will be heard by a judge or commissioner. Youselect the court date. Check your Superior Court local rules to figure out how much notice youmust give the other party and before what Judge you will be scheduling the motion. The rulescan vary greatly.Example: In King county, if you are trying to vacate a family law order signed by acommissioner, you would have to note the motion to vacate before a family law commissionerwith at least fourteen days’ notice before the hearing. If you were trying to vacate an ordersigned by a Judge, rather than a Commissioner, you would note it before a Judge with at leastsix days’ notice.Generally, you must pick a court date at least five court days from the day you plan to have theother party (or parties) served with a copy of the required forms and documents. You will needto contact the court clerk or Courthouse Facilitator to find out what day you may pick toschedule your hearing in court.Fill in the names of the parties, the case number and the date of the order exactly as it appearson the order you want to vacate. Write in the court date you have chosen for the hearing onthe form. At the bottom of this form, sign your name under “Presented by.”3

Do not write in the date in the space above “Presented by” and to the left of the line where thejudge or commissioner signs. Do this when you present your order to show cause to the judgein ex parte. (See Step 4 below.)FORM 2 - Motion for Order to Show Cause Regarding Vacation of Judgment/Order - Fill out thisform by writing down the name of each order you want to vacate (examples: the ParentingPlan or the Child Support Order) and a brief explanation of the reason why you believe theorder should be vacated.In the section on Evidence Relied upon In Addition to Evidence in Court File, list anyDeclarations (see Form #3) being submitted by you or anyone else on your behalf.In the section on Statement of Issues, state in question form the issue you want the court todecide. Examples:1. Should the court vacate the Judgment/Order Under CR60 (b)(3) because there is newlydiscovered evidence which by due diligence could have been discovered in time to movefor a new trial?2. Should the court vacate the Judgment/Order under CR60 (b)(1) because there wasexcusable neglect and irregularity in the proceeding?In the section on Authority and Argument, check the box or boxes which seem to apply to yourcase. Then explain what evidence supports your request that the court vacate the judgmentunder the rules you have checked.FORM 3 - Declaration Form - Make several extra copies of this form before you write on it.This form allows you to give the court detailed facts, so that you will convince the judge thejudgment or order previously entered should be vacated. Your motion must include your owndeclaration. Others who know about your case may also write a declaration on your behalf.Make the statements short and factual, not argumentative and opinionated. (Example: “Myformer husband did not pay child support for two years,” not “My former husband has alwaysbeen cheap and cruel.”) Number each fact separately. Wherever possible, try to use headingsto organize different topics in your declaration. Try to break large paragraphs into smaller onesfor easier reading.FORM 4 Order on Motion to Vacate Judgment/Order - Fill out this form by entering the date ofthe judgment or order which you are trying to vacate, and whether you are making this motionas the plaintiff, defendant (you usually will be the defendant) or in some other capacity. Thenput what you want the vacating order to say. Sign under “presented by.”4

FORM 5 - This is really not a form. It is a copy of the Order(s) you are trying to vacate or dismiss.You must hand this document must in to the court. Highlight the specific sections of theOrder(s) you would like vacated. You must attach this document to your Declaration (Form 3).FORM 6 - Return of Service (also be called an Affidavit of Service) - Someone, other thanyourself, who is over the age of 18 and is not a witness or otherwise connected with the case,must personally serve (note: serve means to give) the other party with copies of your forms.This person must also fill out a Return of Service. Service is also complete when the paperworkis given to a person of suitable age and discretion residing at the party’s home. Giving thepaperwork to children at the home is not acceptable. The server also cannot leave thepaperwork outside of the door.OTHER DOCUMENTS (OPTIONAL) - If you have any other document(s) which you would like tobring to the attention of the court and are not declarations, attach them to your owndeclaration as exhibits. Describe the documents in your declaration. Refer to the exhibitnumber you have assigned it. You can refer to the exhibit in your motion as well when statingwhy the evidence supports vacating the judgment under the specific rule you are citing underAuthority and Argument.STEP 3: TALK TO AN ATTORNEY, IF POSSIBLEThese instructions are not a substitute for legal advice. The laws and court rules arecomplicated. Following these instructions will not guarantee a favorable result. It is alwaysbetter to talk to a lawyer about your problem before filing your action. The end of thispublication has contact info.STEP 4: GET A JUDGE/COMMISSIONER’S SIGNATURE / COPY FORMSAfter all documents are filled out and in proper order, you will need to have a judge orcommissioner sign Form #1, Order to Show Cause to Vacate Judgment/Order. This will be done“ex parte.” This means the other party or parties need not be notified or present. (In somecounties, there is a separate Ex Parte Department which handles such matters.)Make 3 copies of Forms 1 - 5. Also, on Form 4 only, write “PROPOSED” on the copies only. Donot write “PROPOSED” on the original of Form 4. You will bring the completed original of Form4 to your hearing for the judge to sign.STEP 5: FILE / DELIVER WORKING PAPERSOnce you have gotten a Judge’s signature in ex parte, you will file the originals of the followingforms with the Clerk’s office: Form 1, Form 2 and Form 3. (Attach a copy of Form 5 to theoriginal of Form 3). Do not file the original or a copy of Form 4. Stamp your copies of the formswith the Clerk’s date stamp to prove that you filed the originals of Forms 1, 2 and 3 with theClerk.5

STEP 7: CONFIRM YOUR HEARING AND GO TO HEARINGConfirmation:Check with the Courthouse Facilitator or Court Clerk to find out when and how you mustconfirm your hearing. Some counties will require you to confirm your hearing several daysbefore the actual hearing takes place. IF YOU FAIL TO CONFIRM YOUR HEARING, IT MIGHT BEAUTOMATICALLY CANCELLED!If the other party chooses to file a written response to your motion, s/he must do so no laterthan the end of the court day before the day of the hearing (unless local rules say otherwise). Ifthe other party fails to timely file a written response, then you have the right to object to theresponse being considered by the judge/commissioner. (NOTE: check with the CourthouseFacilitator or Court Clerk in your county to make sure of the appropriate court rule. This timeline may vary from county to county.)At Your Hearing:YOU MAY HAVE TO AS LONG AS THREE HOURS FOR YOUR HEARING. DO NOT BRING CHILDRENWITH YOU. Arrive a half hour early for your hearing to check in.Bring the following with you to the hearing:• The original of Form 4;• Your copy of your “motion packet;” and• A copy of Form 6.After your Hearing:Make yourself of copy of whatever document(s) the Commissioner or Judge signed. If the otherparty was not there, make a copy and mail it to the other party. You must file all original orderssigned by the Judge/Commissioner in the Clerk’s office. Do not leave the courthouse with theoriginal orders signed by the Commissioner or Judge.WARNING: The laws and court rules are complicated. Following these instructions will notguarantee you a good result. Talk to a lawyer about your problem before filing your action. (Youmay be able to hire a lawyer for a small fee to review your completed forms and talk about yourproblem, but not represent you in court.)7

What if I need Legal Help?• Apply online with CLEAR*Online - http://nwjustice.org/get-legal-helpor• Call CLEAR at 1-888-201-1014CLEAR is Washington’s toll-free, centralized intake, advice and referral service for low-incomepeople seeking free legal assistance with civil legal problems.• Outside King County: Call 1-888-201-1014 weekdays from 9:10 a.m. until 12:25 p.m.CLEAR works with a language line to provide interpreters as needed at no cost to callers.If you are deaf or hard of hearing, please call 1-888-201-1014 using your preferred TTYor Video relay service.• King County: Call 211 for information and referral to an appropriate legal servicesprovider Monday through Friday from 8:00 am – 6:00 pm. You may also call (206) 461-3200, or the toll-free number, which may be useful when calling from a pay phone, 1-877-211-WASH (9274). 211 works with a language line to provide interpreters as neededat no cost to callers. Deaf and hearing-impaired callers can call 1-800-833-6384 or 711to be connected to a relay operator at no cost, who will then connect them with 211.Information on legal service providers in King County may also be accessed through211’s website at www.resourcehouse.com/win211/.• Persons 60 and Over: Persons 60 or over may call CLEAR*Sr at 1-888-387-7111,regardless of income.3215ENThis publication provides general information concerning your rights andresponsibilities. It is not intended as a substitute for specific legal advice.This information is current as of the date of its printing, July 2012.© 2012 Northwest Justice Project — 1-888-201-1014(Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non-commercial use only.)8

12(Form 1)34567891011121314Superior Court of WashingtonCounty of _________________In re:_________________________________Petitioner,and_________________________________Respondent.The court does find:No. _____________________Order to Show Cause(ORTSC)Clerk’s Action Required15.161718192021Therefore, it is Ordered:That _____________________________________________ [Name] shall appear in person before thiscourt at the place and time below and show cause why the relief requested in the motion_____________________________________________________________ [Name of motion] should notbe granted.Date:Time:__________________ a.m./p.m.22232425Place:ORD TO SHOW CAUSE (ORTSC) - Page 1 of 2Room/Department:_______________

123456If you disagree with any part of the motion, you must respond to the motion in writing before thehearing and by the deadline for your county. At the hearing, the court will consider Written swornaffidavits or declarations. Oral testimony may Not be allowed. To respond, you must: (1) file yourdocuments with the court; (2) provide a copy of those documents to the judge or commissioner’s staff;(3) serve the other party’s attorney with copies of your documents (or have the other party served ifthat party does not have an attorney); and (4) complete your filing and service of documents withinthe time period required by the local court rules in effect in your county. If you need moreinformation, you are advised to consult an attorney or a courthouse facilitator.If you fail to appear in person, the court may grant the relief requested in the motion.78910111213141516171819202122232425Dated:Presented by:Signature of Moving Party or Lawyer/WSBA No.ORD TO SHOW CAUSE (ORTSC) - Page 2 of 2Judge/CommissionerPrint or Type Name

12(Form 2)34567891011Superior Court of WashingtonCounty of _________________In re:_____________________________________________Petitioner(s),and_____________________________________________Respondent(s).No. __________________Motion for Order to ShowCause and Order to VacateJudgment/Order(MT)1213141516171819I. Relief Requested_________________________________________ [You name] respectfully moves the court for thefollowing: (1) an Order to Show cause requiring________________________[Opposing Party’s name] toappear and show cause why the court should not grant Respondent's Motion to Vacate Judgment/Orderand (2) an Order vacating the Judgment/Order(s) dated_________________[insert date of Order].II. Statement of Facts/Statement of Grounds[Clearly and briefly state the facts upon which you base your case. Print or type.]I am asking the Court to vacate the following Order(s) or parts of Order(s):202122232425Motion for Order (MT) - Page 1 of 5To Show Cause and To Vacate Judgment/Order

1234567891011121314151617181920The Order(s) to be vacated were entered on_________________. The Order(s) should be vacatedbecause (state facts relevant to you motion):________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________I declare under penalty of perjury under the laws of the state of Washington that the foregoing istrue and correct.Signed at _______________________, [City] ____________ [State] on ____________________ [Date].2122Signature of Moving Party or Lawyer/WSBA No.Print or Type Name232425Motion for Order (MT) - Page 2 of 5To Show Cause and To Vacate Judgment/OrderIII. Statement of Issues

12345678910111213141516171819202122[Clearly and briefly state the legal issues you want the court to decide. Print or type.]Should the Court Vacate the Judgment/Order(s) Under Civil Rule 60 [state specific basis under therule]?[If you are seeking to vacate on more than one ground under the Civil Rule, state each issue separately]________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.IV. Evidence Relied Upon[Clearly identify the evidence you want the judge to consider with your motion. Print or type.]1. Records and Pleadings in the Court file2. Declaration by: [writer’s name]3. Declaration by: [writer’s name]V. Legal Authority/Argument[Cite the legal authority you rely upon. Print or type.]Motion to Vacate Judgment Order(s) is made pursuant to one or more of the following: Civil Rule 60(a): Clerical mistake(s) in the Judgment, Order, or other parts of the record; Civil Rule 60(b)(1): Mistake, inadvertence, surprise, excusable neglect or irregularity in obtaining theJudgment/Order; Civil Rule 60(b)(2): Erroneous proceedings against a minor or person of unsound mind and thecondition of the defendant/respondent did not appear in the record nor was the error discoveredduring proceedings;232425Motion for Order (MT) - Page 3 of 5To Show Cause and To Vacate Judgment/Order

123456789101112131415 Civil Rule 60(b)(3): Newly discovered evidence which by due diligence could not have beendiscovered in time to move for a new trial under CR 59(b); Civil Rule 60(b)(4): Fraud, misrepresentation or other misconduct of an adverse party; Civil Rule 60(b)(5): The Judgment/Order is void; Civil Rule 60(b)(6): The judgment has been satisfied, released, or discharged, or a prior judgmentupon which it is based has been reversed or otherwise vacated, or it is no longer equitable that thejudgment should have prospective application; Civil Rule 60(b)(7): If the defendant was served by publication, relief may be granted as prescribed inRCW 4.28.200; Civil Rule 60(b)(8): Death of one of the parties before the Judgment in the action; Civil Rule 60(b)(9): Unavoidable casualty or misfortune preventing the party from prosecuting ordefending; Civil Rule 60(b)(10): Error in judgment shown by a minor, within 12 months after arriving at full age; Civil Rule 60(b)(11): Any other reason justifying relief from the operation of the judgment; [Any other relevant legal authority: specify]161718192021.22232425[X] A proposed Order accompanies this motion.Motion for Order (MT) - Page 4 of 5To Show Cause and To Vacate Judgment/OrderVI. Proposed Order

12Respectfully Submitted,345678910111213141516171819202122232425Date:___________________________________Notice to party: You may list an address that is notyour residential address where you agree to acceptlegal documents. Any time this address changes whilethis action is pending, you must notify the opposingparties in writing and file an updated ConfidentialInformation Form (WPF DRPSCU 09.0200) with thecourt clerk.Motion for Order (MT) - Page 5 of 5To Show Cause and To Vacate Judgment/OrderSignature of Moving Party or Lawyer/WSBA No.Print or type nameAddress

12(Form 3)345678910111213141516171819Superior Court of WashingtonCounty of _________________In re:_____________________________Petitioner(s),and_____________________________Respondent(s).This declaration is made by:Name:Age:______________________________________________________________________________________Relationship to the parties in this action:__________________________________________________I Declare:No. ____________________Declaration of_________________________[Name](Optional Use)(DCLR)202122232425Declaration (DCLR);WPF DRPSCU 01.0100 (6/2006) - Page 1 of 2

123456789101112131415(Attach Additional Pages if Necessary and Number Them.)I declare under penalty of perjury under the laws of the state of Washington that the foregoing istrue and correct.Signed at ___________________, [City] ____________ [State] on ________________ [Date].1617Signature of DeclarantPrint or Type Name1819202122Do not attach financial records, personal health care records or confidential reports to thisdeclaration. Such records should be served on the other party and filed with the court using oneof these cover sheets:1) Sealed Financial Source Documents (WPF DRPSCU 09.0220) for financial records2) Sealed Personal Health Care Records (WPF DRPSCU 09.0260) for health records3) Sealed Confidential Report (WPF DRPSCU 09.270) for confidential reportsIf filed separately using a cover sheet, the records will be sealed to protect your privacy (althoughthey will be available to all parties in the case, their attorneys, court personnel and certain stateagencies and boards.) See GR 22(C)(2).232425Declaration (DCLR);WPF DRPSCU 01.0100 (6/2006) - Page 2 of 2

12(Form 4)3456789101112Superior Court of WashingtonCounty of _________________In re:____________________________________________Petitioner(s),and____________________________________________Respondent(s).No. ___________________Order On Motion To VacateJudgment/Order[ ] Clerk’s action required13141516171819202122232425_________________________________________ [Name of Moving Party (Requester)] presented amotion for Order re Vacate of Judgment/Order(s) to this court. The court having considered the Motion toVacate Judgment/Order, declaration(s), testimony and the court file, and finding good cause:It Is Hereby Ordered:_________________________’s Motion to Vacate Judgment/Order(s) is granted. The Order(s) or parts ofOrder(s) entered in this matter on__________________(date) shall be vacated as follows:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ORDER ON MOTION TO VACATE JUDGMENT/ORDER - Page 1 of 2

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 servedupon the attorneys of record of such parties in such action or proceeding such time prior to the hearing asthe court may direct.Statutes. Except as modified by this rule, RCW 4.72.010-.090 shall remain in full force and effect.