4.72.010 - Causes for enumerated.

Causes for enumerated.

The superior court in which a judgment or final order has been rendered, or made, shall have power to vacate or modify such judgment or order:

     (1) By granting a new trial for the cause, within the time and in the manner, and for any of the causes prescribed by the rules of court relating to new trials.

     (2) By a new trial granted in proceedings against defendant served by publication only as prescribed in RCW 4.28.200.

     (3) For mistakes, neglect or omission of the clerk, or irregularity in obtaining a judgment or order.

     (4) For fraud practiced by the successful party in obtaining the judgment or order.

     (5) 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.

     (6) For the death of one of the parties before the judgment in the action.

     (7) For unavoidable casualty, or misfortune preventing the party from prosecuting or defending.

     (8) For error in a judgment shown by a minor, within twelve months after arriving at full age.

[1957 c 9 § 4; Code 1881 § 436; 1877 p 96 § 438; 1875 p 20 § 1; RRS § 464.]

Notes:Rules of court:  Cf. CR 52(d), CR 60(b).

Judgment to recover realty, vacation: RCW 7.28.260.