Chapter §60.5 Purpose and Procedure

• Jurisdiction: Washington

§60.5 PURPOSE AND PROCEDURE

CR 60 serves two purposes: (1) to correct clerical errors of oversight, omission, or a relatively simple nature; and (2) to provide relief from a judgment or proceeding resulting from error, fraud, or injustice. CR 60 applies only to final judgments; use of the rule is not appropriate for interlocutory orders. Washburn v. Beatt Equip. Co., 120 Wn.2d 246, 300-01, 840 P.2d 860 (1992). CR 60 also does not apply to vacation of orders of default, but only to vacation of default judgments. In re Estate of Stevens, 94 Wn.App. 20, 30, 971 P.2d 58 (1999). CR 55(c)(1) controls relief from orders of default, and the CR 60(b) one-year limitation does not apply. Sanderson v. Univ. Vill., 98 Wn.App. 403, 409, 989 P.2d 587 (1999).

The only available remedy under CR 60(b) is relief from judgment; affirmative relief may not be granted under the rule. Geonerco, Inc. v. Grand Ridge Props. IV, LLC, 159 Wn.App. 536, 544-45, 248 P.3d 1047 (2011). CR 60(e) establishes the exclusive procedures to be followed when seeking vacation of a judgment. CR 60(d) abolishes writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review.

RAP 7.2(e) authorizes the trial court to hear and rule on CR 60 motions after review has been accepted. But if the trial court's decision will modify the decision being reviewed, the appellate court's permission must be obtained prior to entry of the trial court's order. RAP 7.2(e); Metro. Park Dist. v. Griffith, 106 Wn.2d 425,439, 723P.2d1093 (1986); Marquis v. City of Spokane, 76 Wn.App. 853, 862, 888P.2d753 (1995), aff'd, 130 Wn.2d 97, 922P.2d43 (1996). If a party seeks review of an order granting relief from a judgment or order, the party must file a separate appeal within the time specified in the RAP. If review of the postjudgment motion is...