mechanical test in Washington

21 Washington opinions name it 2 courts 1965–2024 6 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
State v. Gunwallgreen wash · 1986 · cited in 2 Washington opinions naming this issue, 1996–1996 2 sentences 1996Majority at 1349-51; see Gunwall, 106 Wash.2d at 58 , 720 P.2d 808 . 1996Majority at 1349-51; see Gunwall, 106 Wash.2d at 58 , 720 P.2d 808 .	2	2
Little v. Kinggreen wash · 2007 · cited in 8 Washington opinions naming this issue, 2013–2024 2 sentences 2024White “is not a mechanical test [and] whether or not a default judgment should be set aside is a matter of equity.” Little v. King, 160 Wn.2d 696, 704 , 161 P.3d 345 (2007). 2023A CR 60(b)(1) determination to set aside a default judgment “is not a mechanical test,” but “a matter of equity.” Little, 160 Wn.2d at 703-04 .	1	8
Idaho v. Wrightgreen scotus · 1990 · cited in 2 Washington opinions naming this issue, 1993–1994 2 sentences 1994See Wright, 497 U.S. at 822 (the Court declined to adopt a mechanical test for determining the particularized guarantees of trustworthiness of a hearsay statement). 9 First, there is no significant difference between the text of the federal confrontation clause and that of the Washington Constitution. 1993Idaho v. Wright, 497 U.S. 805, 823 , 111 L.	1	2
Washington Equipment Manufacturing Co. v. Concrete Placing Co.green washctapp · 1997 · cited in 1 Washington opinions naming this issue, 2014–2014 1 sentence 2014In Concrete Placing, this court observed that the purposeful availment standard "is not a mechanical standard" and that "[w]e consider the quality and nature of the defendant's activities." 85 Wn.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
White v. Holm green wash · 1968 2 sentences 2021Little, 160 Wn.2d at 703-04 (discussing the standard under CR 60(b)(1)); White v. Holm, 73 Wn.2d 348, 352 , 438 P.2d 581 (1968) (discussing the standard under CR 60(b)(1)).2 Application of these four factors is not a mechanical test; whether or not a default judgment should be set aside is a matter of equity. 2021Little, 160 Wn.2d at 703-04 (discussing the standard under CR 60(b)(1)); White v. Holm, 73 Wn.2d 348, 352 , 438 P.2d 581 (1968) (discussing the standard under CR 60(b)(1)).2 Application of these four factors is not a mechanical test; whether or not a default judgment should be set aside is a matter of equity.	6	2007–2021
Little v. King green wash · 2007 2 sentences 2024White “is not a mechanical test [and] whether or not a default judgment should be set aside is a matter of equity.” Little v. King, 160 Wn.2d 696, 704 , 161 P.3d 345 (2007). 2024But “ ‘whether or not justice is being done’ ” is the “fundamental principle” when balancing finality against determining disputes “ ‘on the merits rather than by default.’ ” Id. at 703 (quoting Griggs, 92 Wn.2d at 581-82 ).	3	2024–2024
Griggs v. Averbeck Realty, Inc. green wash · 1979 2 sentences 2024But “ ‘whether or not justice is being done’ ” is the “fundamental principle” when balancing finality against determining disputes “ ‘on the merits rather than by default.’ ” Id. at 703 (quoting Griggs, 92 Wn.2d at 581-82 ). 2017The trial court may exercise its discretion “‘liberally, as well as equitably, to the end that substantial rights be preserved and justice between the parties be fairly and judiciously done.’” Griggs, 92 Wn.2d at 582 (quoting White v. Holm, 73 Wn.2d 348, 351 , 438 P.2d 581 (1968)). 6 No. 49511-2-II Motions to vacate a default judgment are governed by CR 55 and CR 60.	2	2017–2024
United States v. Jorn green scotus · 1971 2 sentences 1976As to this second requirement, the United States Supreme Court has recognized “that a criminal trial is, even in the best of circumstances, a complicated affair to manage” and that “a mechanical rule prohibiting retrial whenever circumstances compel the discharge of a jury without the defendant’s consent would be too high a price to pay for the added assurance of personal security and freedom from governmental harassment which such a mechanical rule wo.uld provide.” United States v. Jorn, 400 U.S. 470, 479-80 , 27 L. 1976As to this second requirement, the United States Supreme Court has recognized “that a criminal trial is, even in the best of circumstances, a complicated affair to manage” and that “a mechanical rule prohibiting retrial whenever circumstances compel the discharge of a jury without the defendant’s consent would be too high a price to pay for the added assurance of personal security and freedom from governmental harassment which such a mechanical rule wo.uld provide.” United States v. Jorn, 400 U.S. 470, 479-80 , 27 L.	2	1971–1976
Ha v. Signal Electric, Inc. green washctapp · 2014 1 sentence 2024Id. i. Mistake or Excusable Neglect CR 5(a) generally requires service of pleadings.	1	2024–2024
TMT Bear Creek Shopping Center, Inc. v. PETCO Animal Supplies, Inc. green washctapp · 2007 1 sentence 2023Our overarching concern when reviewing a trial court’s decision on a motion to vacate “is whether that decision is just and equitable.” TMT, 140 Wn.	1	2023–2023
Illinois v. Somerville green scotus · 1973 2 sentences 1992Illinois v. Somerville, 410 U.S. 458, 467-68 , 35 L. 1992Illinois v. Somerville, 410 U.S. 458, 467-68 , 35 L.	1	1992–1992
Wade v. Hunter green scotus · 1949 2 sentences 1971Wade v. Hunter, 336 U.S. 684, 689 , 93 L. 1971Wade v. Hunter, 336 U.S. 684, 689 , 93 L.	1	1971–1971
Green River Valley Foundation, Inc. v. Foster green wash · 1970 1 sentence 1970This leads us to our central point, which is that the older plain meaning rule effectively does the same thing as the context rule (see generally Green River Valley Foundation, Inc. v. Foster, supra), but it does it in a way which is unfortunately apt to lead to imprecision.	1	1970–1970
State v. Fabbri neutral wash · 1917 2 sentences 1965State v. Fabbri, 98 Wash. 207, 209 , 167 Pac. 133 (1917). 1965State v. Fabbri, 98 Wash. 207, 209 , 167 Pac. 133 (1917).	1	1965–1965

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (4) WA § Wash. Rev. Code § 13.34.070 (3) WA § Wash. Rev. Code § 13.34.180 (3) WA § Wash. Rev. Code § 13.34.190 (3) WA § Wash. Rev. Code § 26.09.191 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 38 (1955–2025) PA 30 (1958–2016) MN 29 (1983–2018) IN 22 (1946–2025) IL 22 (1957–2020) WA 21 (1965–2024) NJ 20 (1976–2025) NY 18 (1948–2021) TX 11 (1923–2016) NM 11 (1988–2018) CT 8 (1985–2022) WI 8 (1968–2023) FL 8 (1983–2022) SC 8 (1997–2021) MD 8 (1972–2004) AZ 7 (1961–2011) ID 7 (1975–2002) NC 7 (1984–2016) CO 7 (1976–2025) MI 7 (1966–2009) OH 6 (1999–2018) OR 6 (1976–2014) LA 6 (1973–1989) NH 6 (1982–2025) HI 5 (1982–2007) MO 5 (1977–2007) AR 4 (1981–2008) DE 4 (1973–2021) NE 4 (1989–2025) WY 3 (1983–2011) MT 3 (2009–2014) WV 3 (1980–1982) MS 3 (1966–2024) AK 3 (1977–2026) ND 3 (1974–2007) UT 2 (1996–1996) GA 2 (2021–2023) RI 2 (1987–1989) MA 2 (1986–2009) IA 2 (1980–2015) SD 2 (1997–2001) ME 2 (1998–2025) KY 2 (1974–1978) OK 2 (1980–1994) KS 2 (1937–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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