§55.4 Comparison with Federal Rule

• Jurisdiction: Washington

§55.4COMPARISON WITH FEDERAL RULE

CR 55 and Fed. R. Civ. P. 55 are similar in several respects, but are far from identical. Washington courts look generally to federal precedent in construing the civil rules, but practitioners should carefully review federal cases relating to CR 55 to ensure that the particular section of the rule to which a federal case refers is identical to the Washington rule. Significant differences between federal and state versions of the rule include the following:

(1)In federal court a default order may be entered by the clerk if it is shown by affidavit that a party has failed to plead or otherwise defend. Under the state rule only the court may enter a default order.

(2)The clerk must enter a default judgment in the federal system if the defendant has failed to appear, is not an infant or incompetent person, and the claim is for a sum certain. The state rule permits only the court to enter a default judgment.

(3)The state rule provides that if more than one year has elapsed since the...