LCR 55. Default and Judgment
Local Civil Rule
(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 or more than one year has elapsed since service of the summons with no appearance made, the motion for default shall be noted without oral argument before the assigned Judge, or if none, in the courtroom of the Respective Chief Judge (see LGR 29(h)). The Motion in support of the Order for Default shall affirmatively state; (A) whether or not there has been an appearance by any non-moving party, and (B) how service of the summons complied with CR 4(d) and applicable state statute(s), and provide supporting documentation of proof of service. Failure to so state shall result in the denial of the motion for default without prejudice.
(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.
(1) Testimony needed. If testimony is required pursuant to Civil Rule 55(b), the moving party shall schedule the matter to be heard before the assigned judge. If there is no assigned judge, the moving party shall file a motion before the Respective Chief Judge for assignment of the case to a judge.
(2) Minimum Requirements for Submission. Parties are required to present proof of all elements of their claim, including, but not limited to:
(A) Assigned Causes of Action. In debt collection cases where the cause of action has been assigned, a declaration from the assignor for each assignment and a declaration executed by an individual with personal knowledge of the records supporting the judgment amount.
(B) Negotiable Instruments. In cases based upon negotiable instruments: the original negotiable instrument or a certified copy with an attestation that the original has been destroyed, or a facsimile of the original instrument or proof provided by a bank as defined in RCW 62A.4-105.
(g) Family Law Cases. In family law proceedings (see LFLR 1), motions for default and for default judgment are governed by LFLR 5 and 15, not by LCR 55.
[Adopted effective September 1, 1996; amended effective September 1, 2003; September 1, 2004; September 1, 2008; January 1, 2009; September 1, 2015; September 1, 2016; September 1, 2017; September 1, 2019; September 1, 2020.]