§43.7 SIGNIFICANT AUTHORITIES
CR 43(d) does not require a formal oath for a child witness, provided that the court adequately informs the witness of the importance of telling the truth. State v. Johnson, 28 Wn.App. 459,624P.2d213(1981), aff'd, 96 Wn.2d 926, 639P.2d1332 (1982). [Note: Johnson, 96 Wn.2d 926, was overruled in part by State v. Calle, 125 Wn.2d 769, 888P.2d155 (1995), citing Ball v. United States, 470 U.S. 856, 864-65, 105 S. Ct. 1668, 84 L. Ed. 2d 740 (1985), regarding concurrent sentences, and later overruled by State v. Womac, 160 Wn.2d 643, 160P.3d40 (2007).]
Declarations may be used in lieu of sworn affidavits in proceedings heard on motions pursuant to GR 13 and RCW 9A.72.085. Scott v. Petett, 63 Wn.App. 50, 816P.2d1229 (1991).
A court may not vacate a default judgment without holding an evidentiary hearing to resolve contested facts. Carson v. Northstar Dev. Co., 62 Wn.App. 310, 814P.2d217 (1991).
For a party to be entitled to a hearing on live testimony, that party must take the affirmative step of requesting a hearing from the court. In the absence of such a request, it is not an abuse of discretion for the trial court to decide the issue based upon the affidavits before it. See Leen v. Demopolis, 62 Wn.App. 473, 479, 815P.2d269 (1991), review denied, 118 Wn.2d 1022 (1992).
CR 43(e), regarding...
