LIRLJ 6.7(a)

RELIEF FROM JUDGMENT OR ORDER

(a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. Such mistakes may be so corrected before review is accepted by the superior court and thereafter may be corrected by order of the superior court.

(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party from a final judgment, order, or proceeding for the following reasons:

(1) Mistakes, inadvertence, surprise, excusable neglect or irregularity in obtaining a judgment or order;

(2) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under the provisions of CrRLJ 7.5;

(3) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;

(4) The judgment is void; or

(5) Any other reason justifying relief from the operation of the judgment.

(c) The motion shall be made within a reasonable time and for reasons (1) and (2) not more than 1 year after the judgment, order, or proceeding was entered or taken. A motion under this section does not affect the finality of the judgment or suspend its operation.

(d) Procedure on Vacation of Judgment.

(1) Motion. Application shall be made by motion stating the grounds upon which relief is asked, and supported by affidavit or declaration of the applicant or applicant’s attorney, setting forth a concise statement of the facts or errors upon which the motion is based.  Request for Relief of Judgment or Order

(2) Consideration of Motion.

(i) The court may decide the motion without hearing based on section (b) (1) if the motion, affidavit or declaration, and court’s records establish the moving party is entitled to the requested relief.

(ii) If a contested hearing on the merits was previously held, and the moving party is seeking to modify the finding, a show cause hearing with notice to the adverse party shall be scheduled.

(iii) The court may deny the motion without a hearing if the facts alleged in the affidavit or declaration do not establish grounds for relief.

(iv) The court may enter an order fixing a time and place for hearing and directing the adverse party to appear and show cause why the relief asked for should not be granted.

(3) Interim Relief. The court may enter an order recalling any notice to the Department of Licensing regarding the party’s failure to appear or failure to respond to an infraction or referral to collections pending the outcome on the motion.

(4) Service. No later than 14 days before the scheduled show cause hearing, the moving party shall serve a copy of the motion, affidavit or declaration, and order to show cause upon the other party or the party’s attorney, as provided in CrRLJ 8.4(b), and file proof of service with the court.

[Adopted effective January 22, 2010].