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LCR 55. DEFAULT AND JUDGMENT (a) Entry of Default.
(1) Order of Default. When there has not been an appearance by any non-moving party, the moving party shall seek entry of an Order of Default from the Ex Parte and Probate Department through the Clerk’s office. When there has been an appearance by any non-moving party, the motion for default shall be noted without oral argument before the assigned Judge, or if none, in the courtroom of the Chief Civil Department for Seattle case assignment area cases and the Chief Judge of the Maleng Regional Justice Center for Kent case assignment area cases.
(2) Late Appearance or Answer. When a non-moving party has appeared or answered before consideration of the Motion for Order of Default, the moving party shall notify the hearing judge or commissioner.
(b) Entry of Default Judgment. Upon entry of an Order of Default, a party shall move for entry of judgment against the party in default from the Ex Parte and Probate Department through the Clerk’s office. If the Court determines that testimony is required, the moving party shall schedule the matter to be heard in person in the Ex Parte and Probate Department.
(c) Setting Aside Default Judgments. Orders to show cause to vacate default judgments shall be presented to the Ex Parte and Probate Department either through the Clerk’s office or in person, pursuant to the policy guidelines in the Motions and Hearings Manual issued by the Clerk. Orders to show cause are returnable to the assigned judge. If no judge is assigned, orders to show cause are returnable to the Chief Civil Judge for Seattle cases and the Chief Judge of the Maleng Regional Justice Center for Kent cases. See LCR 7(b)(8). Also see LCR 60(e)(1).
(d) Failure to Appear at Trial. The failure of a party to appear at trial is not governed by this rule. (See LCR 43.)
(e) Family Law Cases. See LFLR 5. [Adopted effective September 1, 1996; amended effective September 1, 2003; September 1, 2004; September 1, 2008; January 1, 2009.]
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