§ 21.6 Answers to Pleadings Seeking Judicial Review of Administrative Action

• Jurisdiction: Washington

§21.6 ANSWERS TO PLEADINGS SEEKING JUDICIAL REVIEW OF ADMINISTRATIVE ACTION

Statutes vary as to whether an answering pleading must be filed in response to the initial pleading seeking judicial relief from agency action.

Practice Tip: Some petitioners may file a summons with their petition for judicial review of an administrative action, stating that failure to answer within a stated time period will result in a default. If the summons is not an authorized or necessary pleading, counsel should nonetheless file a notice of appearance to be served with any default motion that might be filed (albeit erroneously). It is easier and less risky to defend against a default motion than to nullify a default judgment.

(1) APA requires an answer only to a petition for judicial review of "other agency action"

If the petitioner seeks judicial review of an agency final order or a rule under the Administrative Procedure Act, Ch. 34.05 RCW, the only pleading contemplated is the petition for judicial review or notice...