A CR 2A agreement is a stipulation or settlement reached during a Washington superior court civil case that, if its terms are later disputed, a judge will enforce only when the deal was made and acknowledged in open court on the record, entered in the court minutes, or put in writing and signed by the parties or their attorneys.1Washington Courts. Superior Court Civil Rule 2A – Stipulations Skip all three paths and the agreement works only as long as both sides cooperate; the moment someone changes their mind, a judge can treat it as if it never happened.
The Three Paths to Enforceability
Civil Rule 2A gives you three ways to lock in a stipulation. The agreement can be made and acknowledged in open court on the record. It can be entered in the court minutes. Or it can be reduced to writing and signed by the parties or subscribed by their attorneys.1Washington Courts. Superior Court Civil Rule 2A – Stipulations
“Subscribed by the attorneys” simply means signed. If both sides have lawyers, the attorneys’ signatures on the written document satisfy the rule. If you’re representing yourself, your own signature works. What matters is that someone authorized to bind each side has signed.
When CR 2A Actually Matters
The rule does not reach every agreement in every case. It applies only when the “purport” of the agreement is disputed, meaning one side contests either the existence of the deal or its material terms. The Washington Court of Appeals has explained that the substance and legal effect of an agreement live in its existence and material terms, so the rule is triggered only when one of those is genuinely in question.2FindLaw. In Re the Matter of Kevin C. Patterson
The court also stressed the word “genuine.” CR 2A exists to keep settlement negotiations from spawning a second lawsuit on top of the first. If nobody actually disagrees about what was agreed to, a party cannot invoke the rule’s formalities just to escape a deal they regret, and the court can enforce the agreement even without one of the three formal steps.2FindLaw. In Re the Matter of Kevin C. Patterson Still, counting on that exception is a gamble. The safer move is always to get the deal on the record or in writing.
Drafting a Written CR 2A Agreement
The written path is the most common one in practice because it gives both sides a document to review before committing. Every written stipulation should open with the case caption: the full legal names of the parties and the cause number assigned by the clerk’s office. Without the cause number, the clerk has no way to tie the document to the existing file.
Financial terms need precision that leaves no room for creative interpretation later. If the settlement involves a payment, spell out the exact dollar amount, the deadline, and the method of delivery (wire transfer, cashier’s check, and so on). For property, include the legal description of any real estate or the vehicle identification number. Vague language like “the parties will split the personal property fairly” is an invitation for a second lawsuit about what “fairly” means.
If the settlement resolves only some issues while others remain pending, say so explicitly. A partial settlement should identify which claims are resolved and which survive. This prevents a party from later arguing that the whole case was dismissed when only one piece of it was settled.
Signatures and Electronic Signing
Every party, or their attorney, must sign. Washington law provides that a record or signature cannot be denied legal effect solely because it is in electronic form.3Washington State Legislature. RCW 1.80.060 Most attorneys accept electronic signatures on settlement agreements, and courts have not treated them differently from ink signatures. If you’re representing yourself, confirm with your county clerk’s office that they’ll accept the specific e-signature method you plan to use. Some counties are more flexible than others.
Initialing and Final Review
Initialing each page is not strictly required by CR 2A, but it’s standard practice. If a dispute later arises about whether a particular provision was in the agreement when it was signed, initials on every page make it much harder to claim a page was swapped or added. Both sides should read the entire document before signing. Not skim. Not rely on a lawyer’s summary. Read it.
Putting the Agreement on the Record in Open Court
The second path involves stating the agreement’s terms in open court while a court reporter or recording system captures what’s said. This usually happens at the end of a mediation or settlement conference with both parties and their attorneys present. The judge or mediator walks through each term of the deal, asking each side to confirm their understanding and agreement on the record.
This method has a practical advantage. It creates an immediate, timestamped record that is very difficult to dispute later, and it eliminates the lag between reaching an agreement and getting signatures on paper, during which one party might develop second thoughts. The tradeoff is that it requires everyone to be in court at the same time, which isn’t always feasible.
Filing and Converting the Agreement Into a Court Order
A signed CR 2A agreement is a binding contract between the parties, but on its own it does not carry the enforcement power of a court order. To get that power, file the agreement with the superior court clerk and ask a judge to enter it as a formal order or judgment. Washington’s General Rule 30 authorizes courts to adopt local rules requiring electronic filing, and most counties now use an e-filing portal where you upload a PDF of the signed agreement.4Washington Courts. GR 30 – Electronic Filing
Filing fees vary by county and by document type. Some filings in existing cases carry modest fees in the range of $20 to $60, while new civil filings or certain motions cost significantly more. Check your county clerk’s fee schedule before filing. If you qualify for a fee waiver on traditional paper filings, you’re also entitled to a waiver of electronic filing fees.4Washington Courts. GR 30 – Electronic Filing
After filing, the next step is usually presenting a proposed order to a judge. Depending on local practice, that happens at a scheduled hearing or through the court’s ex parte department. The judge reviews the proposed order to confirm it reflects the agreement and does not violate applicable law, then signs it. Once signed, the terms carry the full weight of a court order.
Enforcing a CR 2A Agreement if the Other Side Doesn’t Comply
Enforcement depends on whether the agreement was incorporated into a court order. If a judge signed an order based on the deal and the other side violates its terms, you can file a motion for contempt. Washington law defines contempt as the intentional disobedience of any lawful court order, and the judge can impose remedial sanctions to compel compliance.5Washington State Legislature. RCW Chapter 7.21 – Contempt of Court
Beyond sanctions, the court can order the non-compliant party to pay for any losses caused by the contempt, plus the costs of bringing the enforcement action, including reasonable attorney’s fees.5Washington State Legislature. RCW Chapter 7.21 – Contempt of Court This is where converting the agreement into a court order pays off. Contempt proceedings are faster and more coercive than a standard breach-of-contract lawsuit.
If the agreement was never entered as a court order, enforcement looks more like a regular contract dispute. You would file a motion to enforce the settlement, asking the court to order specific performance or award damages for breach. The court will examine whether a valid agreement exists under CR 2A and whether the other party failed to perform. This path works, but it is slower and requires proving the agreement’s existence and terms, exactly the kind of dispute CR 2A was designed to prevent.
Setting Aside a CR 2A Agreement
A properly executed CR 2A agreement is difficult to undo, which is the point. Courts treat these agreements as binding contracts, and the bar for setting one aside is high. The recognized grounds generally track contract law: fraud, duress, undue influence, or mutual mistake of a material fact.
Fraud means one side made a false statement knowing it was untrue and the other side relied on it when agreeing to the terms. Duress means threats or coercion forced someone to sign against their will. Mutual mistake applies when both parties were wrong about a fact central to the deal, such as both sides believing a piece of equipment was functional when it had actually been destroyed before the settlement was signed.
Timing matters. A party seeking to undo the agreement must act promptly after discovering the problem. Continuing to perform under the agreement after learning about grounds for rescission can be treated as ratification, which waives the right to complain later. If rescission is granted, both sides must return whatever they received under the agreement; you can’t keep the benefits while voiding the obligations.
Family Law Cases Have Extra Requirements
CR 2A applies in family law cases, but it is only the starting point. Divorce settlements, parenting plan modifications, and child support agreements typically need parenting plans formatted to comply with Washington’s statutory requirements, completed child support worksheets, property division details, and any spousal maintenance provisions.
Family law settlements also require court approval through a final decree that incorporates the terms. A judge reviewing a family law agreement does not simply rubber-stamp it. The court independently evaluates whether custody arrangements serve the children’s best interests and whether mandatory financial disclosure requirements have been met. A CR 2A-compliant agreement that shortchanges a child’s interests can still be rejected or modified by the court.