Chapter §58.6 Analysis

• Jurisdiction: Washington

§58.6 ANALYSIS

This section discusses judgments in general and addresses such issues as entry of judgment and notice of judgment. This section also addresses assignment of judgments and interest on judgments.

(1)What is a judgment?

The term "judgment" as used in CR 58 has a precise definition and is not synonymous with "decision" or "opinion." "Judgment," as defined in CR 54(a), is "the final determination of the rights of the parties in the action and includes any decree and order from which an appeal lies." See Water's Edge Homeowners Ass'n v. Water's Edge Assoc, 152 Wn.App. 572, 603, 216 P.3d 1110 (2009), review denied, 168 Wn.2d 1019 (2010) (nothing in either CR 54 or CR 58 requires a trial court to sign an inaccurate or incomplete judgment). On the other hand, "decision" is often applied to findings of fact and conclusions of law that CR 52(a) requires the court to make in a case tried without a jury. A decision of the court, however, is not a judgment and does not constitute an appealable order. See Water's Edge Homeowners Ass'n, 152 Wn.App. at 603. Similarly, a court's written opinion does not constitute a judgment, even though it may contain findings of fact and/or conclusions of law, or otherwise indicate how the judge intends to dispose of the action. An oral opinion is not a judgment, and a court may freely change its mind until a formal judgment is entered. Cams v. Shirley, 44 Wn.2d 662, 269 P.2d 804 (1954).

CR 58 does not expressly require that judgment be set forth on a separate document, as does the federal rule. CR 58 impliedly contemplates a separate document, however. CR 54(e) requires the preparation and presentation of a proposed form of judgment. In addition, compliance with the summary of judgment requirements of RCW 4.64.030 effectively requires a separate written document.

(2)Form of judgment

CR 54(e) requires the attorney of record for the prevailing party to prepare and present a proposed form of order or judgment not later than 15 days after the entry of the verdict or decision, or at any other time as the court may direct. CR 54(e). The Supreme Court has held that "[t]his rule, on its face, requires entry of a formal order prepared (in most cases) by the prevailing party and signed by the judge." Dep't of Labor & Indus, v. City ofKennewick, 99 Wn.2d225,228,661 P.2d 133 (1983) (memorandum decision, entered by superior court while acting in its appellate capacity, is not a final decree of court for purposes of warrant collection procedure). It should also be noted that RC W 4.64.030 sets forth the requirement of a summary of judgment for payment of money and dictates in part the form of a judgment.

(3) Entry of judgment

CR 58(b) provides that judgments shall be deemed "entered" for all procedural purposes from the time of delivery to the clerk for filing, unless the judge earlier permits filing with the court under CR 5(e). RCW 4.64.030 provides for entry by the clerk of all judgments in the execution docket, subject to the direction of the court. Under this statute, the clerk is not authorized to sign or file a judgment that provides for the payment of money, and the judgment does not take effect until the judgment is summarized. The summary must succinctly state the judgment creditor and the name of his or her attorney, the judgment debtor, the amount of the judgment, the interest owed to the date of the judgment, and the total taxable costs and attorney fees, if known. RCW 4.64.030(2)(a). In addition, other information must be included on judgments relating to real property and motor vehicles. RCW 4.64.030(2)(b), (c).

There is a clear distinction between the making or rendering of a judgment and its entry. Malott v. Randall, 83 Wn.2d 259,261-62, (1974). The formal signing of the judgment is the court's direction to enter the judgment. The formal entry of the judgment occurs only when it is received by the clerk and duly filed. Thompson v. Seattle Park Co., 94 Wash. 539, 162 P. 994 (1917). CR 58(b) states that the judgment shall be "deemed entered ... from the time of delivery to the clerk for filing ...." Consequently, the court may withdraw a signed order at any time before it is deemed entered. State v. Brown, 31 Wash. 397, 72 P. 86 (1903).

An appeal from a judgment will not lie until it is "placed physically in the office of the clerk." Malott, 83 Wn.2d at 263; Grip v. Buffelen Woodworking Co., 73 Wn.2d 219, 437 P.2d 915 (1968). A judgment lien on real property will not attach until the judgment is formally entered. Marsh v. Commonwealth Land Title Ins. Co., 57 Wn.App. 610, 789P.2d792, review denied, 115 Wn.2d 1025 (1990). When the judgment is physically in the clerk's file and counsel are aware of its filing, an appeal is deemed subsequent in time to the entry of judgment even though the judgment was not stamped and docket entry was not made. Narrowsview Pres. Ass'n v. City ofTacoma, 84 Wn.2d 416, 526 P.2d 897 (1974). Moreover, there is no requirement that a conformed copy of the judgment be served on the opposing party before the 30-day appeal period begins to run. Beckman, 102 Wn.App. 687.

(4)Notice of entry

CR 58(c), regarding notice of entry, is reserved and refers to CR 54(f). Pursuant to CR 54(f)(2), as a general rule, no judgment shall be signed or entered until opposing counsel is given five days' notice of presentation and served with a copy of the proposed judgment. The rule then specifies the following three exceptions:

(A)Emergency. An emergency is shown to exist.

(B)Approval. Opposing counsel has approved in writing the entry of the proposed order or judgment or waived notice of presentation.

(C)After Verdict, etc. If presentation is made after entry of verdict or findings and while opposing counsel is in open court.

CR 54(f)(2).

An order entered without the required notice of presentation or approval is void and must be vacated. State ex rel. LeDuc v. Napier, 49 Wn.App. 783, 746 P.2d 832 (1987). Ajudgment entered without the notice required by the rule, however, is not invalid if a complaining party cannot show resulting prejudice. Burton v.Ascol, 105 Wn.2d 344, 715P.2d110 (1986).

Practice Tip: Counsel should prepare a proposed judgment or alternative proposed judgments in advance to present immediately after the verdict is taken. This will reduce delay and begin the running of time requirements after entry of judgment.

(5)Judgment by confession

CR 58(e), regarding confession of judgment, is reserved and refers to Chapter 4.60 RCW. Parties to an action may agree to the entry of a judgment against a defendant before or after an answer is filed for any amount or type of relief not exceeding or differing from that prayed for in the complaint. RCW 4.60.010. A money judgment confession may be entered without filing an action. RCW 4.60.050. The defendant's confession to the judgment and the plaintiff's assent thereto must be in writing and subscribed by the parties in front of an officer authorized to acknowledge deeds. RCW 4.60.040. Because an attorney has no authority to surrender a client's substantial right unless specifically authorized by the client, the confession of judgment must be signed and verified by the parties to the action and not merely by the attorneys of record. Graves v. P.J. Taggares Co., 94 Wn.2d 298, 616 P.2d 1223 (1980). The writing must (1) authorize the entry of judgment for a specified sum; (2) state the facts upon which any indebtedness arose and show that the sum confessed is justly due; and (3) if the purpose is to secure the plaintiff against a contingent liability, state the facts constituting the liability and show that the sum confessed does not exceed the contingency. RCW 4.60.060; Puget SoundNat'l Bank v....