3215EN | November 2023

File a Motion to Vacate Judgment or

Order in a Family Law Case

❖ You can find all the fact sheets we link to here at WashingtonLawHelp.org.

Part 1. Frequently asked questions

Should I use this?
Yes, you should use this if you have found out that a court entered an order against you in a
family law court case and you didn’t know about the case or the hearing that led to the
order.

• If the court case in question is another kind of non-criminal (civil) case, use our
Motion to Vacate Judgment / Order in a Civil Case packet instead.

• If you are looking to vacate a drug possession conviction, use our How to clear
(vacate) your drug possession conviction after State v. Blake packet instead.

What is a motion to vacate?

This written request asks the court to withdraw or take back (to vacate) a previous order
it entered in your case. The motion must be based on a reason listed in Superior Court Civil
Rule 60. (We have attached a copy of the rule below.)

❖ We use the word “order” here to refer to an order or a judgment.

Generally, a judge will grant your Motion to Vacate if you can convince the judge that you
did not have a fair chance to present your case. If you did have the chance, do not file a

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Motion to Vacate. This is not an appeal, or a substitute for an appeal. An appeal asks a
higher court to change a lower court’s decision. A Motion to Vacate asks the same court to
take back its own decision.

Judges rarely grant a Motion to Vacate. Before filing this motion, make sure you have
solid legal grounds for it. Otherwise, a judge could decide against you and order you to pay
the other side’s costs, including attorney’s fees. Try to talk to a lawyer. Contact info below.

When will a judge grant a motion to vacate?

Usually, you will file this motion because you did not get advance notice that someone filed
a court case against you or that a hearing was scheduled in this case, even though you were
supposed to. You have a right to have a copy of the original papers starting the case
delivered to (served on) you. This acts as notice to you that the case was happening. If you
were in fact served and you responded, you should then get notice of all other hearings in
the case. But sometimes the person who starts (who files) a court case against you does not
serve you.
You should call the court clerk or go to the court to check the court’s file on your case to see
if the person who filed the court case filed a Proof of Personal Service with the court. This
form should explain how and when they had you served.
If there is a Proof of Personal Service in your court file, see what it says. If it is not accurate,
think about how to prove it is wrong. If there is no form showing that the other party
claimed to serve you, that is also helpful for your argument that you were never served.

Is there a deadline for filing a motion to vacate?

You usually must file this kind of motion within a reasonable time. In many cases you must
file the motion no more than one year after the entry of the order you want vacated. A
lawyer can help you figure out if your motion is timely before you file. See contact info
below.

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Part 2. Checklist of steps

❑ Step 1: Get the forms and documents you need.
❑ Step 2: Fill out the forms.
❑ Step 3: Talk to a lawyer, if possible. See contact info below.
❑ Step 4: Get a judge or commissioner’s signature. copy the forms.
❑ Step 5: File and deliver the working papers.
❑ Step 6: Have the other party served.
❑ Step 7: Confirm and go to hearing.

Part 3. Court forms in this packet

FL All Family 183: “Order to Show Cause”

No form #: “Motion for Order to Show Cause Regarding Vacation of Judgment/Order”
FL All Family 135: “Declaration of ___________”
No form #: “Order on Motion to Vacate Judgment/Order”
Copy of the Order you want vacated
FL All Family 101: “Proof of Personal Service”
Other (optional): Any other document, such as letters or records, you want the court to
review as part of your motion. Attach them to your declaration as exhibits.

❖ If you attach exhibits to your declaration, you must assign each exhibit either a
number (Exhibit 1, Exhibit 2, Exhibit 3) or letter (Exhibit A, Exhibit B, Exhibit C).

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Part 4. General instructions for filling out forms

Read these before you start filling out any forms.

The Caption. The caption is the name of your case. It is a section appearing at the top of the
first page of every form. See the sample below:

Put the county where you are filing

Ex: This case type is for a this form.
divorce.

Superior Court of Washington, County of

Put the case number. The court
In re the marriage of: clerk assigns this number when
the Petitioner files the case.
Petitioner (person who started this case): No.
Jane Brown Notice of Hearing This is the form’s title.
(NTHG)
And Respondent (other spouse):

John Brown  Clerk’s action required: 1

Part 5. How to fill out each form

How to fill out the Order to Show Cause, FL All Family 183
You use this form to schedule a hearing date when a judge or commissioner hears the
Motion. You select the date. Ask the court clerk or facilitator, if there is one, how much
notice to give the other party and which judge will hear the motion. Each county has its
own rules.

❖ Example: You want to vacate a family law order entered by a commissioner in

King County. You must schedule the motion to vacate before a commissioner
with at least 14 days’ notice before the hearing. If a judge signed the order, you
would schedule it before a judge with at least 6 days’ notice.

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Generally, you must pick a court date at least 5 court days from the day you plan to have
the other party served with a copy of your papers. Ask the court clerk or facilitator what
day you can schedule your hearing in court.
Put the parties’ names, the case number, and the date of the order exactly as it appears on
the order you want to vacate. Put the hearing date.
Presented by: Sign your name here.

❖ Do not fill out the date in the space above to the left of the line where the judge
signs. Do this when you present your order to show cause to the judge. (See Part
7, below.)

Motion for Order to Show Cause and Order to Vacate Judgment or Order (no form
#)
I. Relief Requested: In the first blank, put your name. In the second blank, put the other
party’s name. In the third blank, put the date of the order you want to vacate
Statement of Facts/Statement of Grounds: In the first paragraph, list the orders or parts
of Orders you want the court to vacate now.
In the short blank, put the date the court entered the order or orders you now want
vacated.
In the second paragraph, list the facts supporting your motion. If the facts are in any
Declarations you are giving the court, you should mention that here and in section IV.
Statement of Issues: You must state, in the form of a question, the issue you want the
court to decide. You should quote from the rule you believe provides the reason for your
motion. Examples:
• Should the court vacate the Order under CR60 (b)(3) because there is newly
discovered evidence which could not have been discovered in time to move for a
new trial?
• Should the court vacate the Order under CR60 (b)(1) because there was excusable
neglect and irregularity in the proceeding?
Evidence Relied Upon: If you make your own declaration and/or others make
declarations on your behalf, list them here.
Authority and Argument: Check all boxes that apply. Explain what evidence supports
your request that the court vacate the order.

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Declaration Form, FL All Family 135

Make several extra copies of this before filling it out.

A Declaration lets you give the court detailed facts to convince the judge to vacate the
order. You must fill out and file your own declaration with your motion. Others who know
about your case may also write a declaration on your behalf.
Make your statements short and factual, Do not argue and or offer your opinion. (Example:
Do say, “My former husband did not pay child support for two years.” Do not say, “My
former husband has always been cheap and cruel.”) Number each fact separately.
Wherever you can, try to use headings to organize different topics. Try to break large
paragraphs into smaller ones for easier reading. For more help, read How to Write a
Declaration in a Family Law Case.

Order on Motion to Vacate Judgment/Order (no form #)

Put the date of the order you are trying to vacate, and which party you are. (You usually
will be the defendant.) Then put what you want the vacating order to say.
Presented by: sign here.

Copy of your Order

You must give the court a copy of the Order or Orders you are trying to vacate. Highlight
the specific sections of the Order or Orders you want vacated. You must attach to your
Declaration a copy of each Order you want vacated.

Proof of Personal Service, FL All Family 101

Do not serve the other party yourself. Someone else, who is at least 18 years old and not
a witness or otherwise connected with the case, must do one of these:
• Hand deliver (personally serve) the other party copies of your forms.
• Give your papers to an adult or older teenager living at the other party’s home.

❖ The server cannot give the paperwork to children at the home. The server also
cannot leave the paperwork outside the door.

After serving the papers, the server must fill out a Proof of Personal Service. For more help,
read How to serve the other party in a family law case.

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Other documents (optional)

You can attach to your declaration as exhibits any other documents you want to bring to
the court’s attention and are not declarations. (Other declarations are not exhibits.) In your
declaration, describe these exhibits and refer to them when explaining why the evidence
supports vacating the order. Refer to the exhibit number you have assigned it.

Part 6. Talk to a lawyer, if possible

These instructions are not a substitute for legal advice. The laws and court rules are
complicated. Following these instructions will not guarantee success. It is always better to
talk to a lawyer about your problem before filing your motion. See contact info below.

Part 7. Get a judge or commissioner’s signature and

copy forms

After filling everything out, you must have a judge or commissioner sign the Order to Show
Cause to Vacate Judgment/Order. You do this “ex parte.” This means the other party or
parties need not be notified or present. (Some counties have a separate Ex Parte
Department to handle such matters.)
Make 3 copies of all your copies except for your Proof of Personal Service. On your Order
on Motion to Vacate only, put PROPOSED on the copies only. Do not put this on the
original of it. You will bring the completed original Order on Motion to Vacate to your
hearing for the judge to sign.

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Part 8. How to file forms with the court

Once you have gotten a judge’s signature in ex parte, you will file with the Clerk’s office
your Order to Show Cause, Motion for Order to Show Cause, and Declaration Attach a copy
of the Order you want vacated to the original of your Declaration.

❖ Do not file the original or a copy of the Order on Motion to Vacate.

Some counties require “working papers.” These are an extra copy of your motion packet
(the papers you filed plus the order marked “Proposed”) that goes to the judge. Ask the
clerk or courthouse facilitator if you need to file working papers or read What are working
copies to learn more.

Part 9. How to serve forms

Have the other party served with a copy of your “motion packet” at least 5 days (unless
local court rules say otherwise) before the hearing. Bring the last copy of your motion
packet to your hearing. (Form 6 above has instructions on how to serve the other party.)

❖ If you are trying to vacate a parentage or child support order, and any children
have ever been on public assistance, you must also serve a set of copies on the
Prosecuting Attorney’s Office, Family Support Division, and all the parties
involved in the original proceedings. Our Serving papers on the State packet has
the forms and instructions for doing this.

The person who serves your motion packet should fill out the Proof of Personal Service.
The server must sign the Proof of Personal Service after service is completed and return it
to you. Make one copy for yourself. File the original with the Clerk. Stamp your copy with
the clerk’s date stamp. Bring the copy with you to your hearing.

If the server has been unable to serve the other party, you can ask for court permission to
serve by certified mail at the other party’s last known address, or by publication. Ask the
court clerk or courthouse facilitator what forms you need to serve the opposing party by
certified mail or publication. Or our Service by Certified Mail or Publication packet has
forms and instructions.

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Part 10. Confirm your hearing and go to your hearing

Confirmation: Ask the facilitator or clerk when and how to confirm your hearing (let them
know you still intend to have the hearing). Some counties require you to confirm several
days before the actual hearing takes place. If you do not confirm your hearing, the court
may automatically cancel it!

If the other party files a response to your motion, they must do so no later than the end of
the court day before the day of the hearing, unless local rules say otherwise. If the other
party files their response late, you have the right to object to the judge or commissioner
reading the response.
At your hearing:
You should plan to arrive a half-hour early for your hearing to check in.

❖ Your hearing may be as long as 3 hours. If you bring children with you, they may
not be allowed to sit in the courtroom.

Bring all of these with you to the hearing:

• The original of your Order on Motion to Vacate Judgment
• Your set of copies of the rest of your motion packet
• A copy of the Order you want vacated
After your hearing:
Make yourself a copy of whatever Order or other court papers the commissioner or judge
signed. If the other party was not there, make a copy for and mail it to them. You must file
all signed original orders in the clerk’s office. Do not leave the courthouse with original
orders the judge has signed.

❖ The laws and court rules are complicated. Following these instructions will not
guarantee you a good result. Talk to a lawyer about your problem before filing
your action.

❖ You may be able to hire a lawyer for a small fee to review your completed forms
and talk about your problem, but not represent you in court.

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Get Legal Help

• Apply online with CLEAR*Online - nwjustice.org/apply-online

• Facing a legal issue in King County (other than Eviction or Foreclosure)? Call 2-1-
1 (or toll-free 1-877-211-9274) weekdays 8:00 am - 6:00 pm. They will refer you to
a legal aid provider.

• Facing a legal issue outside of King County (other than Eviction or Foreclosure)?
Call the CLEAR Hotline at 1-888-201-1014 weekdays between 9:15 am - 12:15 pm
or apply online at nwjustice.org/apply-online.

• Facing Eviction? Call 1-855-657-8387.

• Facing Foreclosure? Call 1-800-606-4819.

Interpreters provided.

This publication provides general information concerning your rights and responsibilities. It is not intended
as a substitute for specific legal advice.
© 2023 Northwest Justice Project — 1-888-201-1014.
(Permission for copying and distribution granted the Alliance for Equal Justice and to individuals for
non-commercial purposes only.)

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 Superior Court of Washington, County of
In re:
Petitioner/s (person/s who started this case): No.

Order to Go to Court (Order to Show Cause)

(ORTSC)
And Respondent/s (other party/parties):
 Clerk’s action required: 2

Order to Go to Court (Order to Show Cause)

1. Findings
The court has reviewed the motion filed by the (check one): Petitioner Respondent
and finds there is reason to approve this order.
Other findings:

2. The court orders (name): to:

Go to court on: at a.m. p.m.
date time

at: in
court’s address room or department

docket/calendar or judge/commissioner’s name

At the hearing, you must show why the court should not approve the requests made by
the other party.
Warning! If you do not go to the hearing, the court may approve the other party’s requests
without hearing your side.

Mandatory Form (05/2016) Order to Go to Court

FL All Family 183 p. 1 of 2
3. Other orders (if any):

Ordered.

Date Judge or Commissioner

Presented by: Petitioner Respondent

Sign here Print name (if lawyer, also list WSBA #) Date

To both parties:
Deadline! Your papers must be filed and served by the deadline in your county’s Local Court Rules,
or by the State Court Rules if there is no local rule. Court Rules and forms are online at
www.courts.wa.gov.
If you want the court to consider your side, you must:
▪ File your original documents with the Superior Court Clerk; AND

▪ Give the Judge/Commissioner a copy of your papers (if required by your county’s Local
Court Rules); AND

▪ Have a copy of your papers served on all other parties or their lawyers; AND

▪ Go to the hearing.

The court may not allow you to testify at the motion hearing. Read your county’s Local Court
Rules, if any.
Bring proposed orders to the hearing.
To the person requesting this order:
You must have this order, and the paperwork you filed with the court to get this order, personally
served on the other party by someone 18 or older who is not a party to this case.
To the person receiving this order:
If you do not agree with the requests in the motion, file a statement (using form FL All Family 135,
Declaration) explaining why the court should not approve those requests. You may file other
written proof supporting your side.

Mandatory Form (05/2016) Order to Go to Court

FL All Family 183 p. 2 of 2
 Superior Court of Washington, County of
In re:
Petitioner/s (person/s who started this case): No.

Motion for Order to Show Cause and Order

to Vacate Judgment/Order
And Respondent/s (other party/parties): (MT)

Motion for Order to Show Cause and Order to Vacate

Judgment/Order

To both parties:
Deadline! Your papers must be filed and served by the deadline in your county’s Local Court Rules, or by the
State Court Rules if there is no local rule. Court Rules and forms are online at www.courts.wa.gov.
If you want the court to consider your side, you must:
▪ File your original documents with the Superior Court Clerk; AND

▪ Give the Judge/Commissioner a copy of your papers (if required by your county’s Local Court Rules); AND

▪ Have a copy of your papers served on all other parties or their lawyers; AND

▪ Go to the hearing.

The court may not allow you to testify at the motion hearing. Read your county’s Local Court Rules, if any.
Bring proposed orders to the hearing.
To the person filing this motion:
You must schedule a hearing on this motion. You may use the Notice of Hearing (form FL All Family 185) unless
your county’s Local Court Rules require a different form. Contact the court for scheduling information.
To the person receiving this motion:

Motion for Order to Show Cause and to

Vacate Judgment/Order - Page 1 of 5
 If you do not agree with the requests in this motion, file a statement (using form FL All Family 135, Declaration)
explaining why the court should not approve those requests. You may file other written proof supporting your side.

I. Relief Requested

_________________________________________ [Your name] respectfully moves the court for the

following: (1) an Order to Show cause requiring________________________[opposing Party’s name] to

appear and show cause why the court should not grant Respondent's Motion to Vacate Judgment/Order

and (2) an Order vacating the Judgment(s)/Order(s) dated_________________[date of Order you want

the court to vacate].

II. Statement of Facts/Statement of Grounds

[Clearly and briefly state the facts you base your case on. Print or type.]

I ask the Court to vacate the following Order(s) or parts of Order(s):

This court entered the Order(s) to be vacated on_________________. The Court should vacate the

Order(s) because (state facts relevant to your motion):

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Motion for Order to Show Cause and to

Vacate Judgment/Order - Page 2 of 5
_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________

III. Statement of Issues

[Clearly and briefly state the legal issues you want the court to decide. Print or type.]

Should the Court Vacate the Judgment/Order(s) Under Civil Rule 60? [state specific basis under the
rule]
[If you are seeking to vacate on more than one ground under the Civil Rule, state each issue separately]

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_______________________________________________________________________________.

IV. Evidence Relied Upon

[Clearly identify the evidence you want the judge to consider with your motion. Print or type.]
1. Records and Pleadings in the Court file
2. Declaration by: [writer’s name]
3. Declaration by: [writer’s name]

V. Legal Authority/Argument
[Cite the legal authority you rely upon. Print or type.]

Motion for Order to Show Cause and to

Vacate Judgment/Order - Page 3 of 5
I am making this Motion to Vacate Judgment Order(s) pursuant to one or more of the following:

 Civil Rule 60(a): Clerical mistake(s) in the Judgment, Order, or other parts of the record;
 Civil Rule 60(b)(1): Mistake, inadvertence, surprise, excusable neglect or irregularity in obtaining the
Judgment/Order;
 Civil Rule 60(b)(2): Erroneous proceedings against a minor or person of unsound mind and the
condition of the defendant/respondent did not appear in the record nor was the error discovered
during proceedings;
 Civil Rule 60(b)(3): Newly discovered evidence which by due diligence could not have been
discovered in time to move for a new trial under CR 59(b);
 Civil Rule 60(b)(4): Fraud, misrepresentation or other misconduct of an adverse party;
 Civil Rule 60(b)(5): The Judgment/Order is void;
 Civil Rule 60(b)(6): The judgment has been satisfied, released, or discharged, or a prior judgment
upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the
judgment should have prospective application;
 Civil Rule 60(b)(7): If the defendant was served by publication, relief may be granted as prescribed in
RCW 4.28.200;
 Civil Rule 60(b)(8): Death of one of the parties before the Judgment in the action;
 Civil Rule 60(b)(9): Unavoidable casualty or misfortune preventing the party from prosecuting or
defending;
 Civil Rule 60(b)(10): Error in judgment shown by a minor, within 12 months after arriving at full age;
 Civil Rule 60(b)(11): Any other reason justifying relief from the operation of the judgment;
 [Any other relevant legal authority: specify]

A Proposed Order (check one): is is not attached to this Motion.

Person making this motion fills out below

I declare under penalty of perjury under the laws of the state of Washington that the facts I have
provided on this form are true. I have attached (number of): pages.

Signed at (city and state): Date:

Person making this motion signs here Print name here

I agree to accept legal papers for this case at (check one):

my lawyer’s address, listed below.

the following address (this does not have to be your home address):

street address or PO box city state zip

Motion for Order to Show Cause and to

Vacate Judgment/Order - Page 4 of 5
 (Optional) email:

(If this address changes before the case ends, you must notify all parties and the court clerk in writing. You may
use the Notice of Address Change form (FL All Family 120). You must also update your Confidential Information
form (FL All Family 001) if this case involves parentage or child support.)

Lawyer (if any) fills out below

Lawyer signs here Print name and WSBA No. Date

Lawyer’s address city state zip

Email (if applicable):

Warning! Documents filed with the court are available for anyone to see unless they are sealed. Financial,
medical, and confidential reports, as described in General Rule 22, must be sealed so they can only be seen by
the court, the other party, and the lawyers in your case. Seal those documents by filing them separately, using a
Sealed cover sheet (form FL All Family 011, 012, or 013). You may ask for an order to seal other documents.

Motion for Order to Show Cause and to

Vacate Judgment/Order - Page 5 of 5
 Superior Court of Washington, County of
In re:
Petitioner/s (person/s who started this case): No.

Declaration of
(name):
And Respondent/s (other party/parties): (DCLR)

Declaration of (name):
1. I am (age): years old and I am the (check one): Petitioner Respondent
Other (relationship to the people in this case):

2. I declare:

Optional Form (05/2016) Declaration

FL All Family 135 p. 1 of __
 (Number any pages you attach to this Declaration. Page limits may apply.)
I declare under penalty of perjury under the laws of the state of Washington that the facts I have
provided on this form (and any attachments) are true. I have attached (number): pages.

Signed at (city and state): Date:

Sign here Print name

Warning! Documents filed with the court are available for anyone to see unless they are sealed. Financial,
medical, and confidential reports, as described in General Rule 22, must be sealed so they can only be seen by
the court, the other party, and the lawyers in your case. Seal those documents by filing them separately, using a
Sealed cover sheet (form FL All Family 011, 012, or 013). You may ask for an order to seal other documents

Optional Form (05/2016) Declaration

FL All Family 135 p. 2 of __
Superior Court of Washington
County of _________________
In re: No. ___________________

____________________________________________
Order On Motion To Vacate
Petitioner(s), Judgment/Order
and
[ ] Clerk’s action required
____________________________________________
Respondent(s).

_________________________________________ [Name of Moving Party (Requester)] presented a

motion for Order re Vacate of Judgment/Order(s) to this court. The court having considered the Motion to

Vacate Judgment/Order, declaration(s), testimony and the court file, and finding good cause:

It Is Hereby Ordered:

_________________________’s Motion to Vacate Judgment/Order(s) is granted. The Order(s) or parts of

Order(s) entered in this matter on__________________(date) shall be vacated as follows:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_______________________________________________________________________________

____________________________________________________________________________________

ORDER ON MOTION TO VACATE JUDGMENT/ORDER - Page 1 of 2

_____________________________________________________________________________________

___________________________________________________________________________________.

Dated:___________________________________
Judge/Commissioner

Presented by: Approved for entry:

Notice of presentation waived:

Signature of Party or Lawyer/WSBA No. Signature of Party or Lawyer/WSBA No.

Print or Type Name Print or Type Name

ORDER ON MOTION TO VACATE JUDGMENT/ORDER - Page 2 of 2

 Superior Court of Washington, County of
In re:
Petitioner/s (person/s who started this case): No.

Proof of Personal Service

(AFSR)
And Respondent/s (other party/parties):

Proof of Personal Service

Server declares:
1. My name is: . I am not a party to this case.
I am 18 or older.
2. Personal Service
I served court documents for this case to (name of party):
by (check one):
[ ] giving the documents directly to him/her.
[ ] giving the documents to (name): ,
a person of suitable age and discretion who lives at the same address as the party.
3. Date, time, and address of service

Date: Time: [ ] a.m. [ ] p.m.

Address:

Number and street city state zip

CR 4(g), RCW 4.28.080 Proof of Personal Service

Optional Form (06/2020)
FL All Family 101 p. 1 of 3
4. List all documents you served (check all that apply):
(The most common documents are listed below. Check only those documents that were served. Use the
“Other” boxes to write in the title of each document you served that is not already listed.)

[ ] Petition to/for
[ ] Summons (Attach a copy.) [ ] Notice of Hearing
[ ] Motion for Temporary Family Law Order
[ ] Order Setting Case Schedule
[ ] and Restraining Order
[ ] Notice Re: Military Dependent [ ] Proposed Temporary Family Law Order
[ ] Motion for Immediate Restraining Order
[ ] Proposed Parenting Plan
(Ex Parte)
[ ] Immediate Restraining Order (Ex Parte)
[ ] Proposed Child Support Order
and Hearing Notice
[ ] Proposed Child Support Worksheets [ ] Restraining Order
[ ] Sealed Financial Documents [ ] Motion for Contempt Hearing
[ ] Order to Go to Court for Contempt
[ ] Financial Declaration
Hearing
[ ] Information for Temporary Parenting
[ ] Motion for Adequate Cause Decision
Plan
[ ] Declaration of: [ ] Notice of Intent to Move with Children
(Relocation)
[ ] Objection about Moving with Children and
[ ] Declaration of: Petition about Changing a Parenting/
Custody Order (Relocation)
[ ] Other: [ ] Other:

[ ] Other: [ ] Other:

5. Fees charged for service

[ ] Does not apply.
[ ] Fees: $ _______ + Mileage $ _______ = Total: $ ________
6. Other Information (if any):

I declare under penalty of perjury under the laws of the state of Washington that the statements
on this form are true.
Signed at (city and state): Date:

Signature of server Print or type name of server

To the party having these documents served:

CR 4(g), RCW 4.28.080 Proof of Personal Service
Optional Form (06/2020)
FL All Family 101 p. 2 of 3
▪ File the original Proof of Personal Service with the court clerk.
▪ If you served a Restraining Order signed by the court, you must also give a copy of this
Proof of Personal Service and a Law Enforcement Information Sheet to law enforcement.
▪ If the documents were personally served outside of Washington state, you must fill out and file
form FL All Family 102 (Declaration: Personal Service Could Not be Made in Washington).

[ ] To the Server: check here if you personally served the documents outside Washington
state. Your signature must be notarized or sworn before a court clerk.

(For personal service in Washington state, your signature does not need to be notarized or sworn
before a court clerk.)
Signed and sworn to before me on (date): .

Signature of notary or court clerk

Print name of notary or court clerk

[ ] I am a notary public in and for the state
of:
My commission expires:
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CR 4(g), RCW 4.28.080 Proof of Personal Service

Optional Form (06/2020)
FL All Family 101 p. 3 of 3
 CIVIL RULE 60 - 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 an
appellate court, and thereafter may be corrected pursuant to RAP 7.2(e).
(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 or his legal representative 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) For erroneous proceedings against a minor or person of unsound mind, when the condition of such defendant does
not appear in the record, nor the error in the proceedings;
(3) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial
under rule 59(b);
(4) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an
adverse party;
(5) The judgment is void;
(6) The judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been
reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application;
(7) If the defendant was served by publication, relief may be granted as prescribed in RCW 4.28.200;
(8) Death of one of the parties before the judgment in the action;
(9) Unavoidable casualty or misfortune preventing the party from prosecuting or defending;
(10) Error in judgment shown by a minor, within 12 months after arriving at full age; or
(11) Any other reason justifying relief from the operation of the judgment.
The motion shall be made within a reasonable time and for reasons (1), (2) or (3) not more than 1 year after the
judgment, order, or proceeding was entered or taken. If the party entitled to relief is a minor or a person of unsound
mind, the motion shall be made within 1 year after the disability ceases. A motion under this section (b) does not affect
the finality of the judgment or suspend its operation.
(c) Other Remedies. This rule does not limit the power of a court to entertain an independent action to relieve a party from
a judgment, order, or proceeding.
(d) Writs Abolished--Procedure. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the
nature of a bill of review are abolished. The procedure for obtaining any relief from a judgment shall be by motion as
prescribed in these rules or by an independent action.
(e) Procedure on Vacation of Judgment.
(1) Motion. Application shall be made by motion filed in the cause stating the grounds upon which relief is asked, and
supported by the affidavit of the applicant or his attorney setting forth a concise statement of the facts or errors
upon which the motion is based, and if the moving party be a defendant, the facts constituting a defense to the
action or proceeding.
(2) Notice. Upon the filing of the motion and affidavit, the court shall enter an order fixing the time and place of the
hearing thereof and directing all parties to the action or proceeding who may be affected thereby to appear and
show cause why the relief asked for should not be granted.
(3) Service. The motion, affidavit, and the order to show cause shall be served upon all parties affected in the same
manner as in the case of summons in a civil action at such time before the date fixed for the hearing as the order
shall provide; but in case such service cannot be made, the order shall be published in the manner and for such
time as may be ordered by the court, and in such case a copy of the motion, affidavit, and order shall be mailed to
such parties at their last known post office address and a copy thereof served upon the attorneys of record of such
parties in such action or proceeding such time prior to the hearing as the court may direct.
Statutes. Except as modified by this rule, RCW 4.72.010-.090 shall remain in full force and effect.