The rules dating pdf
These rules will be liberally interpreted to promote justice and facilitate the decision of cases on the merits.Cases and issues will not be determined on the basis of compliance or noncompliance with these rules except in compelling circumstances where justice demands, subject to the restrictions in rule 18.8(b). Unless the context of the rule indicates otherwise: "Should" is used when referring to an act a party or counsel for a party is under an obligation to perform.The court will ordinarily impose sanctions if the act is not done within the time or in the manner specified.The word "must" is used in place of "should" if extending the time within which the act must be done is subject to the severe test under rule 18.8(b) or to emphasize failure to perform the act in a timely way may result in more severe than usual sanctions. Notice of filing Verbatim Report of Proceedings 16. Personal Restraint Petition for Person Confined by State or Local Government 18. Review of a decision of the Court of Appeals is governed by Title 13 of these rules. These rules also establish the procedure for original actions in the Supreme Court and the Court of Appeals and the procedure for determining questions of law certified by a federal court, all called "special proceedings." Special proceedings are governed by Title 16 of these rules. Each rule applies to proceedings both in the Supreme Court and in the Court of Appeals, unless a different application is indicated. These rules govern proceedings in the Supreme Court and the Court of Appeals for review of a trial court decision and for direct review in the Court of Appeals of an administrative adjudicative order under RCW . These rules also establish the procedure for seeking review of a decision of the Court of Appeals by the Supreme Court.Ethics Hotline Satisfaction Survey Read full text versions of ethics opinions issued by the Committee on Professional Responsibility and Conduct.RULES OF APPELLATE PROCEDURE (RAP) TABLE OF RULES TITLE 1 SCOPE AND PURPOSE OF RULES Rule 1.1 Scope of Rules 1.2 Interpretation and Waiver of Rules by Court TITLE 2 WHAT TRIAL COURT DECISIONS MAY BE REVIEWED-- SCOPE OF REVIEW 2.1 Methods for Seeking Review of Trial Court Decision--Generally 2.2 Decisions of the Superior Court Which May Be Appealed 2.3 Decisions of the Trial Court Which May Be Reviewed by Discretionary Review 2.4 Scope of Review of a Trial Court Decision 2.5 Circumstances Which May Affect Scope of Review TITLE 3 PARTIES 3.1 Who May Seek Review 3.2 Substitution of Parties 3.3 Consolidation of Cases 3.4 Title of Case and Designation of Parties TITLE 4 WHERE TO SEEK REVIEW OF A TRIAL COURT DECISION 4.1 Review of Trial Court Decision by the Court of Appeals 4.2 Direct Review of Superior Court Decision by Supreme Court 4.3 Direct Review of Decisions of Courts of Limited Jurisdiction 4.4 Transfer of Cases by Supreme Court TITLE 5 HOW AND WHEN TO INITIATE REVIEW OF TRIAL COURT DECISION: COURT OF APPEALS SETTLEMENT PROCEDURE 5.1 Review Initiated by Filing Notice of Appeal or Notice for Discretionary Review 5.2 Time Allowed To File Notice 5.3 Content of Notice--Filing 5.4 Filing and Service of Notice 5.5 Settlement Conference in Court of Appeals TITLE 6 ACCEPTANCE OF REVIEW 6.1 Appeal as a Matter of Right 6.2 Discretionary Review 6.3 Direct Review of a Final Decision of an Administrative Agency TITLE 7 AUTHORITY OF TRIAL COURT AND APPELLATE COURT PENDING REVIEW 7.1 Authority of Trial Court Before Review Accepted 7.2 Authority of Trial Court After Review Accepted 7.3 Authority of Appellate Court TITLE 8 SUPERSEDEAS, INJUNCTIONS, AND OTHER ORDERS TO INSURE EFFECTIVE REVIEW--BONDS 8.1 Supersedeas Procedure 8.2 Application to Criminal or Juvenile Cases 8.3 Appellate Court Orders Needed for Effective Review 8.4 Qualifications--Encumbrance 8.5 State as Obligee on Bond 8.6 Termination of Supersedeas, Injunctions, and Other Orders TITLE 9 RECORD ON REVIEW 9.1 Composition of Record on Review 9.2 Verbatim Report of Proceedings 9.3 Narrative Report of Proceedings 9.4 Agreed Report of Proceedings 9.5 Filing and Service of Report of Proceedings--Objections 9.6 Designation of Clerks Papers and Exhibits 9.7 Preparing Clerks Papers and Exhibits for Appellate Court 9.8 Transmitting Record on Review 9.9 Correcting or Supplementing Report of Proceedings Before Transmittal to Appellate Court 9.10 Correcting or Supplementing Record After Transmittal to Appellate Court 9.11 Additional Evidence on Review 9.12 Special Rule for Order on Summary Judgment 9.13 Review of Decision Relating to Record TITLE 10 BRIEFS 10.1 Briefs Which May Be Filed 10.2 Time for Filing Briefs 10.3 Content of Brief 10.4 Preparation and Filing of Brief by Party 10.5 Reproduction and Service of Briefs by Clerk 10.6 Amicus Curiae Brief 10.7 Submission of Improper Brief 10.8 Additional Authorities 10.9 Corresponding Briefs on CD-ROM 10.10 Statement of Additional Grounds For Review TITLE 11 ORAL ARGUMENT ON MERITS 11.1 Oral Arguments to Which Title Applies 11.2 Who May Present Oral Argument 11.3 Date of Argument 11.4 Time Allowed, Order, and Conduct of Argument 11.5 [Reserved] 11.6 [Reserved] TITLE 12 APPELLATE COURT DECISION AND PROCEDURE AFTER DECISION 12.1 Basis for Decision 12.2 Disposition on Review 12.3 Forms of Decision 12.4 Motion for Reconsideration of Decision Terminating Review 12.5 Mandate 12.6 Stay of Mandate Pending Decision on Application for Review by United States Supreme Court 12.7 Finality of Decision 12.8 Effect of Reversal on Intervening Rights 12.9 Recall of Mandate TITLE 13 REVIEW BY THE SUPREME COURT OF COURT OF APPEALS DECISION 13.1 Method of Seeking Review 13.2 Rescinded 13.3 Decisions Reviewed as a Matter of Discretion 13.4 Discretionary Review of Decision Terminating Review 13.5 Discretionary Review of Interlocutory Decision 13.6 Acceptance of Review 13.7 Proceedings After Acceptance of Review TITLE 14 COSTS 14.1 Costs Generally 14.2 Who Is Entitled to Costs 14.3 Expenses Allowed as Costs 14.4 Cost Bill 14.5 Objections to Cost Bill 14.6 Award of Costs TITLE 15 SPECIAL PROVISIONS RELATING TO RIGHTS OF INDIGENT PARTY 15.1 Procedures to Which Title Applies 15.2 Determination of Indigency and Rights of Indigent Party 15.3 Payment of Charges for Reproducing Briefs 15.4 Claim for Payment of Expense for Indigent Party 15.5 Allowance of Claim for Payment of Expense for Indigent Party 15.6 Recovery of Public Funds TITLE 16 SPECIAL PROCEEDINGS IN THE SUPREME COURT AND COURT OF APPEALS 16.1 Proceedings to Which Title Applies 16.2 Original Action Against State Officer 16.3 Personal Restraint Petition--Generally 16.4 Personal Restraint Petition--Grounds for Remedy 16.5 Personal Restraint Petition--Where To Seek Relief 16.6 Personal Restraint Petition--Parties 16.7 Personal Restraint Petition--Form of Petition 16.8 Personal Restraint Petition--Filing and Service 16.9 Personal Restraint Petition--Response to Petition 16.10 Personal Restraint Petition--Briefs 16.11 Personal Restraint Petition--Consideration of Petition 16.12 Personal Restraint Petition--Superior Court Hearing 16.13 Personal Restraint Petition--Procedure After Reference Hearing 16.14 Personal Restraint Petition--Appellate Review 16.15 Personal Restraint Petition--Supplemental Provisions 16.16 Question Certified by Federal Court 16.17 Other Rules Applicable 16.18 Post-Sentence Petitions 16.19 Preparation of Report of Proceedings in Capital Cases 16.20 Transmittal of Jury Questionnaires and Clerk's Papers in Capital Cases 16.21 Clerk's Conference in Capital Cases 16.22 Filing of Briefs in Capital Cases 16.23 Oral Argument on Appeal in Capital Cases 16.24 Stay of Execution in Capital Cases 16.25 Appointment of Counsel on Personal Restraint Petition in Capital Cases 16.26 Personal Restraint Petitions in Capital Cases - Discovery 16.27 Personal Restraint Petition in Capital Cases - Investigative, Expert, and Other Services TITLE 17 MOTIONS 17.1 Scope 17.2 Who Decides a Motion 17.3 Content of Motion 17.4 Filing and Service of Motion--Answer to Motion 17.5 Oral Argument of Motion 17.6 Motion Decided by Ruling or Order 17.7 Objection to Ruling--Review of Decision on Motion 17.8 Rescinded TITLE 18 SUPPLEMENTAL PROVISIONS 18.1 Attorney Fees and Expenses 18.2 Voluntary Withdrawal of Review 18.3 Withdrawal by Counsel 18.4 Disposition of Exhibits 18.5 Service and Filing of Papers 18.6 Computation of Time 18.7 Signing and Dating Papers 18.8 Waiver of Rules and Extension and Reduction of Time 18.9 Violation of Rules 18.10 Forms 18.11 Rescinded 18.12 Accelerated Review Generally 18.13 Accelerated Review of Dispositions in Juvenile Offense, Juvenile Dependency and Termination Of Parental Rights Proceedings 18.14 Motion on the Merits 18.15 Accelerated Review of Adult Sentencings 18.16 Expedited Appeal Review 18.17-18.20 Reserved 18.21 Title and Citation of Rules 18.22 Statutes and Rules Superseded 18.23 Mail Addressed to Appellate Courts 18.24 Status of References FORMS 1. [Amended effective September 1, 2006.] RULE 1.2 INTERPRETATION AND WAIVER OF RULES BY COURT (a) Interpretation.
If a statute in conflict with a rule is enacted after these rules become effective and that statute does supersede the conflicting rule by direct reference to the rule by number, the statute applies until such time as the rule may be amended or changed by the Supreme Court through exercise of its rulemaking power. The Court of Appeals, pursuant to RCW 2.06.040, may establish rules that are supplementary to and do not conflict with rules of the Supreme Court.
(b) Appeal by State or a Local Government in Criminal Case. If the superior court decision has been entered after a proceeding to review a decision of a court of limited jurisdiction, a party may appeal only if the review proceeding was a trial de novo.
Except as provided in section (c), the State or a local government may appeal in a criminal case only from the following superior court decisions and only if the appeal will not place the defendant in double jeopardy: (1) Final Decision, Except Not Guilty. Appeal is not available if: (1) the final judgment is a finding that a traffic infraction has been committed, or (2) the claim originated in a small claims court operating under RCW 12.40. In any case with multiple parties or multiple claims for relief, or in a criminal case with multiple counts, an appeal may be taken from a final judgment that does not dispose of all the claims or counts as to all the parties, but only after an express direction by the trial court for entry of judgment and an express determination in the judgment, supported by written findings, that there is no just reason for delay.
The only method for seeking direct review by the Supreme Court of a decision of a court of limited jurisdiction, without first obtaining a Superior Court decision under the RALJ, is by notice of appeal as provided for in Rule 4.3 References Rule 16.2, Original Action Against State Officer; Rules 16.3-16.15, Personal Restraint Petition; Const. Unless otherwise prohibited by statute or court rule and except as provided in sections (b) and (c), a party may appeal from only the following superior court decisions: (1) Final Judgment.
The final judgment entered in any action or proceeding, regardless of whether the judgment reserves for future determination an award of attorney fees or costs. Any written decision affecting a substantial right in a civil case that in effect determines the action and prevents a final judgment or discontinues the action. An order of public use and necessity in a condemnation case. The disposition decision following a finding of dependency by a juvenile court, or a disposition decision following a finding of guilt in a juvenile offense proceeding. A decision depriving a person of all parental rights with respect to a child. A decision declaring an adult legally incompetent, or an order establishing a conservatorship or guardianship for an adult. A decision ordering commitment, entered after a sanity hearing or after a sexual predator hearing.