Washington Code 7.28.260 – Effect of judgment — Lis pendens — Vacation
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In an action to recover possession of real property, the judgment rendered therein shall be conclusive as to the estate in such property and the right of possession thereof, so far as the same is thereby determined, upon all persons claiming by, through, or under the party against whom the judgment is rendered, by title or interest passing after the commencement of the action, if the party in whose favor the judgment is rendered shall have filed a notice of the pendency of the action as required by RCW 4.28.320. When service of the notice is made by publication, and judgment is given for failure to answer, at any time within two years from the entry thereof, the defendant or his or her successor in interest as to the whole or any part of the property, shall, upon application to the court or judge thereof, be entitled to an order, vacating the judgment and granting him or her a new trial, upon the payment of the costs of the action.
NOTES:
Rules of court: Cf. CR 58, 60(e).
New trials: Chapter 4.76 RCW.
Vacation of judgments: Chapter 4.72 RCW.
Terms Used In Washington Code 7.28.260
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.