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Motion And Declaration For Default Form. This is a Washington form and can be use in Domestic Relations Statewide.
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Tags: Motion And Declaration For Default, PS 03.0100, Washington Statewide, Domestic Relations
Superior Court of Washington
County of
In re :
No.
Petitioner,
and
Motion and Declaration for
Default
(MTDFL)
Respondent.
I. Motion
(Name of requesting party)________________________________ moves the court for an order of
default against (name of other party being defaulted) ___________________________________. Venue
of this action is proper as set forth in the Declaration below.
Dated:
Signature of Requesting Party or Lawyer/WSBA No.
Print Name
II. Declaration
2.1
Proper Jurisdiction and Venue
The court has proper jurisdiction and venue pursuant to the allegations of the petition at the time
of filing.
The petitioner resides in (county and state only) _________________________________.
The child(ren) reside(s) in (county and state only) ________________________________.
Respondent resides in (county and state only) ______________________________________.
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Other:
Mtn/Decl for Default (MTDFL) - Page 1 of 4
WPF DRPSCU 03.0100 Mandatory (06/2012) - CR 55(a); RCW 26.09.030
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2.2
Jurisdiction Over the Other Party
This court has jurisdiction over the other party because:
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2.3
the other party is currently residing in Washington.
the petitioner and respondent lived in Washington during their marriage or domestic
partnership and the petitioner continues to reside, or be a member of the armed forces
stationed, in this state.
the petitioner and respondent may have conceived a child while within Washington.
The other party was personally served with summons and petition within this state.
The other party submits to jurisdiction of this state by consent as evidenced by joinder or
consent to jurisdiction signed by respondent.
The other party engaged in sexual intercourse in the state of Washington as a result of
which the child may have been conceived.
The other party resided with the child in this state.
The other party resided in this state and provided prenatal expenses or support for the
child.
The child resides in this state as a result of the acts or directives of the other party.
Other:
Service on Other Party
The other party was served with (documents) ______________________________________ on
(date) _______________________________:
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2.4
in the state of Washington.
in (state or country where served) _____________________________________. Service
within the state of Washington could not be made for the following reasons:
Time Elapsed Since Service on the Other Party
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The other party was served within the state of Washington and more than 20 days have
elapsed since the date of service.
The other party was served outside the state of Washington and more than 60 days have
elapsed since the date of service.
The other party was served by mail and more than 90 days have elapsed since the date of
mailing.
The other party was served by publication and more than 60 days have passed since the
date of first publication.
Mtn/Decl for Default (MTDFL) - Page 2 of 4
WPF DRPSCU 03.0100 Mandatory (06/2012) - CR 55(a); RCW 26.09.030
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2.5
Appearance of the Other Party
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2.6
The other party has failed to appear.
The other party has appeared, but has failed to respond.
Servicemembers Civil Relief Act Statement
2.6.1
A. Service member status -- (name of other party) ____________________________:
[ ] is not a service member;
[ ] is on active duty in the U.S. armed forces (excluding National Guard and
reserves);
[ ] is on active duty and is a National Guard member or a Reservist residing in
Washington;
[ ] is not on active duty in the U.S. armed forces (excluding National Guard and
reserves);
[ ] is not on active duty and is a National Guard member or a Reservist residing in
Washington;
[ ] I am unable to determine whether the other party is or is not on active duty in the
U.S. armed forces;
[ ] I am unable to determine whether the other party is or is not on active duty as a
National Guard member or a Reservist residing in Washington.
B. Factual basis:
[ ] See the attached Department of Defense Manpower Data Center Status Report
Pursuant to Servicemember Civil Relief Act (SCRA) obtained from
https://www.dmdc.osd.mil/appj/scra/. (You must have the person’s social
security number to search in this site.)
[ ] Other factual basis:
C. [ ] As indicated above, the other party is on active duty and (check all that apply):
[ ] The other party is represented by an attorney.
[ ] The court has appointed an attorney to represent the other party.
[ ] A stay of these proceedings [ ] has [ ] has not been entered by the court.
2.6.2
A. Dependent of a service member status -- (name of other party) ______________
______________________________:
[ ] is not a dependent of a resident of Washington who is on active duty and is a
National Guard member or a Reservist;
[ ] is a dependent of a resident of Washington who is on active duty and is a
National Guard member or a Reservist;
[ ] I am unable to determine whether the other party is a dependent of a resident of
Washington who is on active duty and is a National Guard member or a
Reservist.
Mtn/Decl for Default (MTDFL) - Page 3 of 4
WPF DRPSCU 03.0100 Mandatory (06/2012) - CR 55(a); RCW 26.09.030
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B. Factual basis:
[ ] The other party failed to respond to a notice to him or her as a dependent of a
person in Military Service that was [ ] served on [ ] mailed by first class mail on
(date) ________________________________________, therefore he or she
should be presumed not a dependent of a resident of Washington who is on
active duty and is a National Guard member or a Reservist.
[ ] Other factual basis:
C. [ ] As indicated above, the other party is a dependent of a resident of Washington
who is on active duty and is a National Guard member or a Reservist and (check
all that apply):
[ ] The other party is represented by an attorney.
[ ] The court has appointed an attorney to represent the other party.
[ ] A stay of these proceedings [ ] has [ ] has not been entered by the court.
2.7
Other
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and
correct.
Signed at (city) _____________________, (state) _________, on (date) ___________________.
Signature of Requesting Party
Print Name
Mtn/Decl for Default (MTDFL) - Page 4 of 4
WPF DRPSCU 03.0100 Mandatory (06/2012) - CR 55(a); RCW 26.09.030
American LegalNet, Inc.
www.FormsWorkFlow.com