title: Oral Argument of Motion

text: RAP 17.5 ORAL ARGUMENT OF MOTION (a) Oral Argument to Commissioner or Clerk. If oral argument is permitted by General Order, the movant, and any person entitled to notice of the motion who has filed a response to the motion, may present oral argument on a motion to be decided by a commissioner or the clerk. (b) Oral Argument to Judges. A motion to be decided by the judges will be decided without oral argument, unless the appellate court directs otherwise. (c) Date and Time of Argument. Oral argument on a motion to be determined by the clerk or a commissioner of the Court of Appeals will be held on the date and time noted for hearing the motion, unless otherwise directed by the Court of Appeals. Oral argument on a motion to be determined by the clerk or commissioner of the Supreme Court will be held on the date and time directed by the clerk. (d) Time Allowed, Order, and Conduct of Oral Argument. The Supreme Court and each division of the Court of Appeals will define by general order the amount of time each side is allowed for oral argument. If there is more than one party to a side in a single review or in a consolidated review, the parties on that side will share the allotted time equally, unless the parties on that side agree to some other allocation. The appellate court may grant additional time for oral argument upon motion of a party. The moving party is entitled to open and conclude oral argument. (e) Telephone Argument. The appellate court may direct the parties to conduct oral argument of a motion to the commissioner or clerk or to the court by conference telephone call. The expense of the call will be paid by the moving party, unless the appellate court directs otherwise in the ruling or decision on the motion. A party may request telephone conference argument by letter or telephone call to the appellate court clerk. References Rule 10.4, Preparation and Filing of Brief by Party, (d) Motion in brief. [Adopted effective July 1, 1976; Amended effective September 1, 1990; September 1, 1998; September 1, 2006; September 1, 2010.]

citation: RAP RAP 17.5


doc_type: court-rule

jurisdiction: wa

title: Motion Decided by Ruling or Order

text: RAP 17.6 MOTION DECIDED BY RULING OR ORDER (a) Motion Decided by Commissioner or Clerk. A commissioner or clerk decides a motion by a written ruling which includes a statement of the reason for the decision. The commissioner or clerk will file the ruling and serve a copy on the movant and all persons entitled to notice of the original motion. (b) Motion Decided by Judges. Ordinarily the judges decide a motion by an order. The judges may decide a motion by an opinion. The clerk will notify the movant and all persons entitled to notice of the motion of the order made or opinion rendered by the court. [Adopted effective July 1, 1976.]

license: public-domain-government-work

citation: RAP RAP 17.6

rule_set: RAP


title: Objection to Ruling--Review of Decision on Motion

text: RAP 17.7 OBJECTION TO RULING--REVIEW OF DECISION ON MOTION (a) Motion to modify. An aggrieved person may object to a ruling of a commissioner or clerk, including transfer of the case to the Court of Appeals under rule 17.2(c), only by a motion to modify the ruling directed to the judges of the court served by the commissioner or clerk. Except as set forth in subsection (b), the motion to modify the ruling must be served on all persons entitled to notice of the original motion and filed in the appellate court not later than 30 days after the ruling is filed. A motion to the Justices in the Supreme Court will be decided by a panel of five Justices unless the court directs a hearing by the court en banc. (b) RAP 18.13 and RAP 18.13A. A motion to modify a Court of Appeals commissioner’s ruling terminating review of a motion for accelerated review filed pursuant to RAP 18.13 or RAP 18.13A is governed by the provisions of those rules. References Form 20, Motion To Modify Ruling. [Adopted effective July 1, 1976; Amended effective September 1, 1994; September 1, 2018.]

citation: RAP RAP 17.7


title: Rescinded

text: RAP 17.8 [RESCINDED] [Rescinded effective July 2, 1976.]

citation: RAP RAP 17.8


title: Attorney Fees and Expenses

text:
RAP 18.1 ATTORNEY FEES AND EXPENSES (a) Generally. If applicable law grants to a party the right to recover reasonable attorney fees or expenses on review before either the Court of Appeals or Supreme Court, the party must request the fees or expenses as provided in this rule, unless a statute specifies that the request is to be directed to the trial court. (b) Argument in Brief. The party must devote a section of its opening brief to the request for the fees or expenses. Requests made at the Court of Appeals will be considered as continuing requests at the Supreme Court, except as stated in section (j). The request should not be made in the cost bill. In a motion on the merits pursuant to rule 18.14, the request and supporting argument must be included in the motion or response if the requesting party has not yet filed a brief. (c) Affidavit of Financial Need. In any action where applicable law mandates consideration of the financial resources of one or more parties regarding an award of attorney fees and expenses, each party must serve upon the other and file a financial affidavit no later than 10 days prior to the date the case is set for oral argument or consideration on the merits; however, in a motion on the merits pursuant to rule 18.14, each party must serve and file a financial affidavit along with its motion or response. Any answer to an affidavit of financial need must be filed and served within seven (7) days after service of the affidavit. (d) Affidavit of Fees and Expenses. Within 10 days after the filing of a decision awarding a party the right to reasonable attorney fees and expenses, the party must serve and file in the appellate court an affidavit detailing the expenses incurred and the services performed by counsel. (e) Objection to Affidavit of Fees and Expenses; Reply. A party may object to a request for fees and expenses filed pursuant to section (d) by serving and filing an answer with appropriate documentation containing specific objections to the requested fee. The answer must be served and filed within 10 days after service of the affidavit of fees and expenses upon the party. A party may reply to an answer by serving and filing the reply documents within 5 days after the service of the answer upon that party. (f) Commissioner or Clerk Awards Fees and Expenses. A commissioner or clerk will determine the amount of the award, and will notify the parties. The determination will be made without a hearing, unless one is requested by the commissioner or clerk. (g) Objection to Award. A party may object to the commissioner’s or clerk’s award only by motion to the appellate court in the same manner and within the same time as provided in rule 17.7 for objections to any other rulings of a commissioner or clerk. (h) Transmitting Judgment on Award. The clerk will include the award of attorney fees and expenses in the mandate, or the certificate of finality, or in a supplemental judgment. The award of fees and expenses, including interest from the date of the award by the appellate court, may be enforced in the trial court. (i) Fees and Expenses Determined After Remand. The appellate court may direct that the amount of fees and expenses be determined by the trial court after remand. (j) Fees for Answering Petition for Review. If attorney fees and expenses are awarded to the party who prevailed in the Court of Appeals, and if a petition for review to the Supreme Court is subsequently denied, reasonable attorney fees and expenses may be awarded for the prevailing party's preparation and filing of the timely answer to the petition for review. A party seeking attorney fees and expenses should request them in the answer to the petition for review.

The Supreme Court will decide whether fees are to be awarded at the time the Supreme Court denies the petition for review. If fees are awarded, the party to whom fees are awarded should submit an affidavit of fees and expenses within the time and in the manner provided in section (d). An answer to the request or a reply to an answer may be filed within the time and in the manner provided in section (e). The commissioner or clerk of the Supreme Court will determine the amount of fees without oral argument, unless oral argument is requested by the commissioner or clerk. Section (g) applies to objections to the award of fees and expenses by the commissioner or clerk. [Adopted effective July 1, 1976; Amended effective December 29, 1998; September 1, 1990; September 1, 1994; December 29, 1998; December 24, 2002; September 1, 2003; September 1, 2006; September 1, 2010.]

citation: RAP RAP 18.1


title: Voluntary Withdrawal of Review

text: RAP 18.2 VOLUNTARY WITHDRAWAL OF REVIEW The appellate court on motion may, in its discretion, dismiss review of a case on stipulation of all parties and, in criminal cases, the written consent of the defendant, if the motion is made before oral argument on the merits. The appellate court may, in its discretion, dismiss review of a case on the motion of a party who has filed a notice of appeal, a notice for discretionary review, or a motion for discretionary review by the Supreme Court. Costs will be awarded in a case dismissed on a motion for voluntary withdrawal of review only if the appellate court so directs at the time the motion is granted. [Adopted effective July 1, 1976.]

citation: RAP RAP 18.2


title: Withdrawal by Counsel

text: RAP 18.3 WITHDRAWAL BY COUNSEL (a) Criminal Cases. (1) Counsel for a defendant in a criminal case may withdraw only with the permission of the appellate court on a showing of good cause. The appellate court will not ordinarily grant permission to withdraw after the opening brief has been filed. Counsel must serve the motion to withdraw on all parties, and may serve the defendant by mail at the last known address. An affidavit of service must be filed with the motion to withdraw. (2) If counsel appointed to represent an indigent defendant can find no basis for a good faith argument on review, counsel should file a motion in the appellate court to withdraw as counsel for the indigent. The motion shall identify the issues that could be argued if they had merit and, without argument, include references to the record and citations of authority relevant to the issues. The adverse party shall file an answer to the motion within 30 days after the motion is served on the adverse party. If requested by the court, an amended answer shall be submitted including argument as to why the identified issues are without merit. The motion and answer will be reproduced by the clerk and served on the adverse party and the person represented by counsel seeking to withdraw. (3) If the matter is heard on the motion calendar and decided by a commissioner, counsel appointed to represent an indigent defendant must file an affidavit denoting: (A) that the defendant has been advised of the action of the commissioner and that the defendant has been advised of the right to file a motion to modify with the court of Appeals, or (B) in the event counsel is unable to notify the defendant of the court action, counsel shall specify the efforts that have been made. (4) Once the Court of Appeals has taken final action, counsel appointed to represent an indigent defendant must file an affidavit denoting: (A) that the defendant has been advised of the action of the appellate court, and that the defendant has been advised of the right to petition pro se for review to the Supreme Court, or (B) in the event counsel is unable to notify the defendant of the court’s action, counsel shall specify the efforts that have been made. (b) Civil Cases. Except as otherwise provided in this section, withdrawal by counsel in a civil case shall be governed by CR 71. If a notice of intent to withdraw is given before oral argument, the notice should include the date set for oral argument. Any reference in the notice to the clerk of the court shall mean the clerk of the appellate court. The notice to withdraw from representation in the appellate court should be filed in the appellate court. References Rule 15.2, Determination of Indigency and Rights of Indigent Party, (f) Appointment and Withdrawal of Counsel in Trial Court. [Adopted effective July 1, 1976; Amended effective July 2, 1976; September 1, 1993; September 1, 1994; September 1, 1998; September 1, 2014.]

citation: RAP RAP 18.3


title: Disposition of Exhibits

text: RAP 18.4 DISPOSITION OF EXHIBITS When a case is mandated or returned to the trial court for further proceedings, exhibits in the custody of the appellate court will be returned to the trial court. [Adopted effective July 1, 1976; Amended effective September 1, 1993; December 24, 2002.]

citation: RAP RAP 18.4


title: Service and Filing of Papers

text: RAP 18.5 SERVICE AND FILING OF PAPERS (a) Nonelectronic Filing. (i) Service. Except when a rule requires the appellate court commissioner or clerk or the trial court clerk to serve a particular paper, and except as provided in rule 9.5, a person filing a paper must, at or before the time of filing, serve a copy of the paper on all parties, amicus, and other persons who may be entitled to notice. If a person does not have an attorney of record, service should be made upon the person. Service must be made as provided in CR 5(b), (f), and (g). (ii) Proof of Service. Proof of service should be made by an acknowledgment of service, or by an affidavit, or, if service is by mail, as provided in CR 5(b). Proof of service may appear on or be attached to the papers filed. (b) Electronic Filing. When documents are filed electronically, the service and proof of service requirements set forth in subsection (a) apply to only parties, amicus, or other persons who are entitled to service but do not participate in electronic filing. (c) Filing. Papers required or permitted to be filed in the appellate court must be filed with the clerk, except that an appellate court judge may permit papers to be filed with the judge, in which event the judge will note the filing date on the papers and promptly transmit them to the appellate court clerk. (d) Filing by Facsimile. (Reserved. See GR 17--Facsimile Transmission.) (e) Service and Filing by an Inmate Confined in an Institution. An inmate confined in an institution may file and serve papers by mail in accordance with GR 3.1. References Rule 9.5, Filing and Service of Report of Proceedings--Objections. [Adopted effective July 1, 1976; Amended effective September 1, 1993; September 1, 2006; September 1, 2014; October 1, 2024.]

citation: RAP RAP 18.5


title: Computation of Time

text: RAP 18.6 COMPUTATION OF TIME (a) Generally. In computing any period of time prescribed by these rules, the day of the event from which the time begins to run is not included. The last day of the period so computed is included unless it is a Saturday, Sunday, or legal holiday, in which case the period extends to the end of the next day that is not a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. (b) Service by Mail. Except as provided in GR 3.1, if the time period in question applies to a party serving a paper by mail, the paper is timely served if mailed within the time permitted for service. Except as provided in GR 3.1, if the time period in question applies to the party upon whom service is made, the time begins to run 3 days after the paper is mailed to the party. (c) Filing by Mail. Except as provided in GR 3.1, a brief authorized by Title 10 or Title 13 is timely filed if mailed to the appellate court within the time permitted for filing. Except as provided in GR 3.1, any other paper, including a petition for review, is timely filed only if it is received by the appellate court within the time permitted for filing. (d) Electronic Filing. Notwithstanding GR 30(c)(1), for purposes of electronic filing, a paper is timely filed if submitted by 5:00 PM Pacific Time. This rule does not apply to a notice of appeal or a notice for discretionary review filed in superior court. References Rule 3.2, Substitution of Parties, (e) Time limits: Rule 17.4. Filing and Service of Motion-Response to Motion: RCW 1.16.050, Legal holidays; RCW 2.28.100, No court on legal holidays--Exceptions. [Adopted effective July 1, 1976; Amended effective September 1, 1990; September 1, 1998; February 22, 2000; September 1, 2006; September 1, 2010; October 29, 2024.]

citation: RAP RAP 18.6


title: Signing and Dating Papers

text: RAP 18.7 SIGNING AND DATING PAPERS Each paper filed pursuant to these rules should be dated and signed by an attorney (with the attorney’s Washington State Bar Association membership number in the signature block) or party, except papers prepared by a judge, commissioner or clerk of court, bonds, papers comprising a record on review, papers that are verified on oath or by certificate, and exhibits. The signing attorney or party may also indicate their personal pronouns in the signature block. References CR 11, Signing of Pleadings. [Adopted effective July 1, 1976; Amended effective September 1, 1990; September 1, 1994; September 1, 2006; June 27, 2023.]

citation: RAP RAP 18.7


title: Waiver of Rules and Extension and Reduction of Time

text: RAP 18.8 WAIVER OF RULES AND EXTENSION AND REDUCTION OF TIME (a) Generally. The appellate court may, on its own initiative or on motion of a party, waive or alter the provisions of any of these rules and enlarge or shorten the time within which an act must be done in a particular case in order to serve the ends of justice, subject to the restrictions in sections (b) and (c). Streamlined Extensions of Time for Filing Briefs in the Court of Appeals. If a party in the Court of Appeals has not previously filed a motion for an extension of time to file a brief authorized by RAP 10.2(a)-(c), that party may obtain a single streamlined extension of time to file that brief not to exceed 30 days. A party requesting a streamlined extension of time should file a written request as set forth in RAP Form 25. The clerk will approve requests that comply with this rule and will provide a new schedule. The clerk will inform parties not eligible for relief under this subsection as to the appropriate method to obtain relief. A streamlined extension of time to file a brief is not available if an appeal has been accelerated. (b) Restriction on Extension of Time. The appellate court will only in extraordinary circumstances and to prevent a gross miscarriage of justice extend the time within which a party must file a notice of appeal, a notice for discretionary review, a motion for discretionary review of a decision of the Court of Appeals, a petition for review, or a motion for reconsideration. The appellate court will ordinarily hold that the desirability of finality of decisions outweighs the privilege of a litigant to obtain an extension of time under this section. The motion to extend time is determined by the appellate court to which the untimely notice, motion, or petition is directed. (c) Restriction on Changing Decision. The appellate court will not enlarge the time provided in rule 12.7 within which the appellate court may change or modify its decision. (d) Terms. The remedy for violation of these rules is set forth in rule 18.9. The court may condition the exercise of its authority under this rule by imposing terms or awarding compensatory damages, or both, as provided in rule 18.9. [Adopted effective July 1, 1976; Amended effective July 2, 1976; October 1, 2024; October 28, 2025.]

citation: RAP RAP 18.8


title: Violation of Rules

text: RAP 18.9 VIOLATION OF RULES (a) Sanctions. The appellate court on its own initiative or on motion of a party may order a party or counsel, or a court reporter or authorized transcriptionist preparing a verbatim report of proceedings, who uses these rules for the purpose of delay, files a frivolous appeal, or fails to comply with these rules to pay terms or compensatory damages to any other party who has been harmed by the delay or the failure to comply or to pay sanctions to the court. The appellate court may condition a party's right to participate further in the review on compliance with terms of an order or ruling including payment of an award which is ordered paid by the party. If an award is not paid within the time specified by the court, the appellate court will transmit the award to the superior court of the county where the case arose and direct the entry of a judgment in accordance with the award. (b) Dismissal on Motion of Commissioner or Clerk. The commissioner or clerk, on 10 days' notice to the parties, (1) may dismiss a review proceeding as provided in section (a), (2) may dismiss a review proceeding for want of prosecution if the party seeking review has abandoned the review, and (3) except as provided in rule 18.8(b), will dismiss a review proceeding for failure to timely file a notice of appeal, a notice for discretionary review, a motion for discretionary review of a decision of the Court of Appeals, or a petition for review. A party may object to the ruling of the commissioner or clerk only as provided in rule 17.7. (c) Dismissal on Motion of Party. The appellate court will, on motion of a party, dismiss review of a case (1) for want of prosecution if the party seeking review has abandoned the review, or (2) if the application for review is frivolous, moot, or solely for the purpose of delay, or (3) except as provided in rule 18.8(b), for failure to timely file a notice of appeal, a notice of discretionary review, a motion for discretionary review of a decision of the Court of Appeals, or a petition for review. (d) Objection to Ruling. A counsel upon whom sanctions have been imposed or a party may object to the ruling of a commissioner or the clerk only as provided in rule 17.7. References Rule 10.7, Submission of Improper Brief. [Adopted effective July 1, 1976; Amended effective September 1, 1990; September 1, 1994; September 1, 1998; September 1, 2015; September 1, 2022.]

citation: RAP RAP 18.9


title: Forms

text: RAP 18.10 FORMS A person may use any form which substantially complies with these rules. The forms in the Appendix are only illustrative. [Adopted effective July 1, 1976.]

citation: RAP RAP 18.10


title: Rescinded

text: RAP 18.11 [RESCINDED] [Rescinded effective February 28, 1977.]

citation: RAP RAP 18.11


title: Accelerated Review Generally

text: RAP 18.12 ACCELERATED REVIEW GENERALLY The appellate court on its own motion or on motion by a party may set any review proceeding for accelerated disposition. The appellate court clerk will notify the parties of the setting and any orders entered to promote the accelerated disposition under rules 1.2(c) and 18.8(a). [Adopted effective July 1, 1976; Amended effective September 1, 1994.]

citation: RAP RAP 18.12


title: Accelerated Review of Dispositions in Juvenile Offense Proceedings

text: RAP 18.13 ACCELERATED REVIEW OF DISPOSITIONS IN JUVENILE OFFENSE PROCEEDINGS (a) Generally. Dispositions in a juvenile offense proceeding beyond the standard range for such offenses shall be reviewed on the merits by accelerated review as provided in this rule. (b) Accelerated Review by Motion. The accelerated review of the disposition shall be done by motion. The motion must include (1) the name of the party filing the motion; (2) the offense in a juvenile offense proceeding; (3) the disposition of the trial court; (4) the standard range for the offense; (5) a statement of the disposition urged by the moving party; (6) copies of the clerk’s papers and a written verbatim report of those portions of the disposition proceeding that are material to the motion; (7) an argument for the relief the party seeks; and (8) a statement of any other issues to be decided in the review proceeding. (c) Motion Procedure Controls. (1) Unless otherwise specified in this rule, the motion procedure, including a party’s response, is governed by Title 17. (2) A motion to modify a Court of Appeals commissioner’s ruling terminating review of a motion for accelerated review filed pursuant to RAP 18.13 must be served on all persons entitled to notice of the original motion and filed in the appellate court not later than 15 days after the commissioner’s ruling is filed in the Court of Appeals. An answer to the motion to modify should be filed not later than 15 days after the motion to modify is filed. A part should not file a reply to an answer unless requested by the appellate court. (d) Accelerated Review of Other Issues. The decision of issues other than those relating to the juvenile offense disposition may be accelerated only pursuant to rules 18.8, 18.12, or 18.13A. (e) Supreme Court Review. A decision by the Court of Appeals on accelerated review that relates only to a juvenile offense disposition is subject to review by the Supreme Court only by a motion for discretionary review on the terms and in the manner provided in rules 13.3(e) and 13.5A. (f) Schedule. The accelerated review shall include a schedule for filing the record on review, the motion, response, and reply, and setting oral argument. [Adopted effective July 1, 1976; Amended effective July 1, 1978; September 1, 1991; September 1, 1997; December 24, 2002; September 1, 2006; October 2, 2008; September 1, 2018.]

citation: RAP RAP 18.13


title: Accelerated Review of Juvenile Dependency Disposition Orders, Orders Terminating Parental Rights, Dependency Guardianship Orders, and Orders Entered in Dependency and Dependency Guardianship Proceedings

text:
RAP 18.13A ACCELERATED REVIEW OF JUVENILE DEPENDENCY DISPOSITION ORDERS, ORDERS TERMINATING PARENTAL RIGHTS, DEPENDENCY GUARDIANSHIP ORDERS, AND ORDERS ENTERED IN DEPENDENCY AND DEPENDENCY GUARDIANSHIP PROCEEDINGS (a) Generally. Juvenile dependency disposition orders and orders terminating parental rights under chapter 13.34 RCW, dependency guardianship orders under chapter 13.36 RCW, and interim orders entered in dependency and dependency guardianship cases when discretionary review has been granted, may be reviewed by a commissioner on the merits by accelerated review as provided in this rule. Review from other orders entered in juvenile dependency and termination actions are not subject to this rule. The provisions of this rule supersede all other provisions of the Rules of Appellate Procedure to the contrary, and this rule shall be construed so that appeals from juvenile dependency disposition orders and orders terminating parental rights under chapter 13.34 RCW, dependency guardianship orders under chapter 13.36 RCW, and interim orders entered in dependency and dependency guardianship cases when discretionary review has been granted shall be heard as expeditiously as possible. (b) Notice of Appeal—Filing with Appellate Court. The notice of appeal must be filed with the trial court in compliance with Title 5 of these rules. Notwithstanding the other provisions of this rule, a timely notice of appeal shall be accepted for filing. A copy of the notice of appeal with proof of service should be filed with the appellate court by the appellant at the time it is filed with the trial court. (c) Motion for Order of Indigency. Parties seeking review at public expense must file a motion for order of indigency in the trial court. Any order of indigency should be filed contemporaneously with the notice of appeal. (d) Consolidation. When one or more appellants seek review of more than one dependency dispositional order, order terminating parental rights, or dependency guardianship order arising from cases tried together, each appellant may file a single statement of arrangements and a single designation of clerk’s papers under the lowest trial court cause number. The appellate court normally will consolidate the appeals for purposes of review. (e) Statement of Arrangements. A statement of arrangements should be filed contemporaneously with the notice of appeal or within seven days after discretionary review is accepted. The party seeking review should arrange for the transcription of the verbatim report of proceedings. If the proceeding being reviewed was recorded electronically, transcription of the recordings shall be completed by a court-approved transcriber in accordance with the procedures developed by the Administrative Office of the Courts. An indigent party should provide the court reporter, transcriber, or court administrator a copy of the order of indigency. A nonindigent party should arrange for payment for the transcription of the report. The party seeking review must file with the trial and appellate courts and serve the statement of arrangements on all parties of record and all named court reporters and file proof of service with the appellate court. The party must indicate the date that the report of proceedings was ordered, the financial arrangements that have been made for payment of transcription costs, the name of each court reporter or other person authorized to prepare the report of proceedings who will be preparing a transcript, the volume number and hearing dates, and the trial court judge. If the verbatim report of proceedings will be prepared by more than one court reporter or authorized transcriptionist, the statement of arrangements shall include assigned page ranges in blocks of 500 pages for each date. If the party seeking review does not intend to provide a report of proceedings, a statement to that effect should be filed in lieu of a statement of arrangements and served on all parties of record. See Form 15B.

(f) Report of Proceedings. The preparation and filing of reports of proceedings in appeals under this rule take precedence over all other appeal records. The format of the verbatim report of proceedings is governed by rule 9.2(e) and (f). The filing and service of the report of proceedings is governed by rule 9.5, except that any motion for extension of time to file the report of proceedings must be accompanied by an affidavit from the court reporter or other person authorized to prepare the report of proceedings demonstrating exceptional circumstances. Extensions otherwise will be denied and sanctions may be imposed. (g) Designation and Filing of Clerk’s Papers. The party seeking review should file a designation of clerk’s papers with the trial and appellate courts contemporaneously with the notice of appeal or within seven days after discretionary review is accepted. In appeals under this rule, the entire trial court file shall be designated as clerk’s papers to be transmitted to the appellate court. All of the exhibits filed in the trial court shall also be designated and transmitted to the appellate court. When discretionary review is granted under this rule, the contents of the clerk’s papers shall be governed by RAP 9.6(b). In cases appropriate for consolidation under subsection (d) of this rule, a designation of clerk’s papers need only request the preparation of a single trial court file. The clerk shall prepare and transmit the clerk’s papers as set forth in rules 9.7 and 9.8, except that a copy of the clerk’s papers and the exhibits shall be provided to appellate counsel. The clerk should give priority to the preparation and filing of clerk’s papers in appeals under this rule. See Form 15C. (h) Briefing. Unless directed otherwise in a ruling granting discretionary review of an interim order entered in dependency and dependency guardianship cases, parties shall file briefs in accordance with rules 10.3, 10.4, and 18.17. (i) Time for Filing Briefs. (1) Brief of Appellant. The brief of an appellant should be filed with the appellate court within 30 days after the report of proceedings is filed with the trial court; or, if the record on review does not include a report of proceedings, within 30 days after the party seeking review has received an index of clerk’s papers and exhibits. Appellant shall append to the brief a copy of the trial court’s findings of fact and conclusions of law. (2) Brief of Respondent. The brief of a respondent should be filed with the appellate court within 30 days after service of the brief of appellant. When there is more than one appellant, the respondent may file one brief in response to all appellants. (3) Reply Brief. A reply brief of an appellant should be filed with the appellate court within 15 days after service of the brief of respondent unless the court orders otherwise. (4) Other Briefs. The appellate court may, on its own motion or on motion of a party, authorize or direct the filing of briefs on the merits other than those listed in this rule. (5) Briefs in Consolidated Cases. In consolidated cases, a party may (i) join with one or more other parties in a single brief, or (ii) file a separate brief and adopt by reference any part of the brief of another. (j) Motion procedure controls. (1) Unless otherwise specified in this rule, the motion procedure, including a party’s response is governed by Title 17. (2) A motion to modify a Court of Appeals commissioner’s ruling terminating review of a motion for accelerated review filed pursuant to RAP18.13A must be served on all persons entitled to notice of the original motion and filed in the appellate court not later than 15 days after the commissioner’s ruling is filed in the Court of Appeals. An answer to the motion to

modify should be filed not later than 15 days after the motion to modify is filed. A party should not file a reply to an answer unless requested by the appellate court. (k) Supreme Court Review. A decision by the Court of Appeals on accelerated review that relates only to juvenile dependency dispositional orders or orders terminating parental rights is subject to review by the Supreme Court only by a motion for discretionary review on the terms and in the manner provided in rules 13.3(e) and 13.5A. (l) Termination Appeals—Notice of Intent to Deliver Consent to Adoption. When an order terminating parental rights is under review, the Department of Social and Health Services or supervising agency having the right to consent to an adoption should serve a written notice of its intent to deliver consent to adoption. The notice of intent should specify the intended delivery date, and should be served on all parties to the appeal and on anyone appointed to represent the interests of the child, no fewer than 30 days before the intended delivery date. A copy of the notice of intent and a proof of service should be filed in the appellate court. After service of the notice of intent, any party may move the court in which the appeal is pending to stay the order terminating parental rights, but only to the extent it authorized consent to adoption. The department or supervising agency should not deliver its consent to adoption if any party seeks a stay before the intended delivery date, pending a ruling on the motion to stay. The appellate court will hear the motion to stay on an expedited basis. Any stay of enforcement shall terminate upon issuance of the mandate as provided in Rule 12.5, unless otherwise directed by the appellate court. See Form 15D. [Adopted October 2, 2008; Amended effective April 3, 2012; September 1, 2014; November 20, 2018; December 3, 2019; September 1, 2021; July 22, 2025.]

citation: RAP RAP 18.13A


title: Motion on the Merits

text:
RAP 18.14 MOTION ON THE MERITS (a) Generally. The appellate court may, on its own motion or on motion of a party, affirm or reverse a decision or any part thereof on the merits in accordance with the procedures defined in this rule. A motion by a party pursuant to this rule should be denominated a "motion on the merits." The general motion procedures defined in Title 17 apply to a motion on the merits only to the extent provided in this rule. (b) Time. A party may submit a motion on the merits to affirm any time after the opening brief has been filed. A party may submit a motion on the merits to reverse any time after the respondent’s brief has been filed. The appellate court on its own motion may, at any time, set a case on the motion calendar for disposition and enter orders the court deems appropriate to facilitate the hearing and disposition of the case. The clerk will notify the parties of the setting and of any orders entered by the court. (c) Content, Filing, and Service; Response. A motion on the merits should be a separate document and should not be included within a party's brief on the merits. The motion should comply with rule 17.3(a), except that material contained in a brief may be incorporated by reference and need not be repeated in the motion. A motion on the merits should not exceed the length limitations of RAP 18.17. The motion should be filed and served as provided in rule 17.4. A response may be filed and served as provided in rule 17.4(e) and may incorporate material in a brief by reference. Requests for attorney fees are governed by rule 18.1. (d) Who Decides Motion. A motion on the merits to affirm shall be determined initially by a judge or commissioner of the appellate court. A motion to reverse may be denied by a commissioner or judge or submitted with a recommendation to a panel of the appellate court. (e) Considerations Governing Decision on Motion. (1) Motion To Affirm. A motion on the merits to affirm will be granted in whole or in part if the appeal or any part thereof is determined to be clearly without merit. In making these determinations, the judge or commissioner will consider all relevant factors including whether the issues on review (a) are clearly controlled by settled law, (b) are factual and supported by the evidence, or (c) are matters of judicial discretion and the decision was clearly within the discretion of the trial court or administrative agency. (2) Motion To Reverse. A motion on the merits to reverse will be granted in whole or in part if the appeal or any part thereof is determined to be clearly with merit. In making these determinations, the judge or commissioner will consider all relevant factors including whether the issues on review (a) are clearly controlled by settled law, (b) are factual and clearly not supported by the evidence, or (c) are matters of judicial discretion and the decision was clearly an abuse of discretion. (f) Oral Argument. A motion on the merits may be denied without oral argument if the case obviously requires full appellate review. In all other instances rule 17.5 applies to a motion on the merits, except that oral argument will ordinarily be granted for a motion on the merits that is to be decided initially by the judge or judges. If the appellate court initiates the motion on the merits, the parties will be given an opportunity to submit briefs on the motion before the date set for oral argument on the motion. (g) Form of Decision Denying Motion. Rule 17.6 is applicable to a decision denying a motion on the merits. (h) Form of Decision Granting Motion. A ruling or decision granting a motion on the merits will be concise and will include a description of the facts sufficient to place the issues in

context, a statement of the issues, and a resolution of the issues with supportive reasons. (i) Review of Ruling. A ruling or decision denying a motion on the merits or referring the motion to the judges for decision pursuant to rule 17.2(b) is not subject to review by the judges. A ruling or decision granting a motion on the merits by a single judge or commissioner is subject to review as provided in rule 17.7. (j) Nondisqualification of Judge. Participation in a ruling or decision on a motion on the merits does not thereby disqualify a judge from further participation in the case. (k) Procedure Optional With Court. The Supreme Court or any division of the Court of Appeals may, by general order, decide not to use the procedure defined by this rule. [Adopted effective July 1, 1976; Amended effective July 1, 1984; September 1, 1984; September 23, 1988; September 1, 1990; September 1, 1994; September 1, 2010; September 1, 2021.]

citation: RAP RAP 18.14


title: Accelerated Review of Adult Sentencings

text: RAP 18.15 ACCELERATED REVIEW OF ADULT SENTENCINGS (a) Generally. A sentence that is beyond the standard range may be reviewed on the merits in the manner provided in the rules for other decisions or by accelerated review as provided in this rule. (b) Accelerated Review by Motion. After the notice of appeal has been filed, any party may seek accelerated sentence review and must do so by motion. The motion must include (1) the name of the party filing the motion; (2) the offense; (3) the disposition of the trial court; (4) the standard range for the offense; (5) a statement of the disposition urged by the moving party; (6) copies of the findings of fact, conclusions of law and judgment and sentence; (7) an argument for the relief sought with reference to that portion of RCW 9.94A.210(4) relied upon by the moving party. (c) Service on Court Reporter or Clerk. A copy of the motion for accelerated review must be served upon the court reporter in attendance at the sentencing, or, in the case of electronic recording, upon the clerk of the superior court. (d) Time for Hearing. The hearing will be conducted no later than 28 days following filing of the record required by RCW 9.94A.210(5). The court will notify the parties of the hearing date. (e) Motion Procedure Controls. The motion procedure, including a party's response, is governed by Title 17. (f) Accelerated Review of Other Issues. The decision of issues other than those relating to the sentence may be accelerated only pursuant to rules 18.8 and 18.12. (g) Supreme Court Review. A decision by the Court of Appeals on accelerated review that relates only to an adult sentence is subject to review by the Supreme Court only by a motion for discretionary review on the terms and in the manner provided in rules 13.3(e) and 13.5A. [Adopted effective July 1, 1984; Amended effective July 1, 1984; September 1, 1991; December 24, 2002; September 1, 2006.]

citation: RAP RAP 18.15


title: Word Limitations, Preparation, and Filing of Documents submitted to the Court of Appeals and Supreme Court

text:
RAP 18.17 WORD LIMITATIONS, PREPARATION, AND FILING OF DOCUMENTS SUBMITTED TO THE COURT OF APPEALS AND SUPREME COURT (a) Formatting Requirements. All documents covered by these rules, such as briefs, motions, petitions, responses, replies, answers, objections, statements of grounds for direct review and answers thereto, or statements of additional grounds for review, should conform to the following requirements: (1) All documents filed with the appellate court should be printed or typed with margins of at least 2 inches on the left side and 1-1/2 inches on the right side and on the top and bottom. Documents submitted in electronic format should be submitted in .pdf format and follow the electronic filing instructions published by the court. Documents submitted in hard copy should be printed on 20-pound substance, 8-1/2-by-11-inch, white paper. Documents should not contain tabs, colored sheets of paper, or binding and should not be stapled. (2) The text of all documents filed with the appellate court should be double spaced, except footnotes and block quotations, which may be single spaced. In a document produced using word processing software, all text, including footnotes and block quotations, should appear in 14 point serif font equivalent to Times New Roman or sans serif font equivalent to Arial. A document produced using a typewriter should appear in 12 point font or larger. (b) Certificate of Compliance. All documents filed with the appellate court and produced using word processing software should contain a short statement above the signature line certifying the number of words contained in the document, exclusive of words contained in the appendices, the title sheet, the table of contents, the table of authorities, the certificate of compliance, the certificate of service, signature blocks, and pictorial images (e.g., photographs, maps, diagrams, and exhibits).The signor may rely on the word count calculation of the word processing software used to prepare the brief. (c) Length Limitations. All documents filed with the appellate court should conform to the following length limitations unless the appellate court has granted permission to file an overlength document. The following length limitations are expressed as word limitations for documents produced using word processing software and as page limitations for documents produced by typewriter or written by hand. The word limitations exclude words in the appendices, the title sheet, the table of contents, the table of authorities, the certificate of compliance, the certificate of service, signature blocks, and pictorial images (e.g., photographs, maps, diagrams, and exhibits). (1) Statements of grounds for direct review and answers to statements of grounds for direct review (RAP 4.2 or RAP 4.3): 4,000 words (word processing software) or 15 pages (typewriter or handwritten). (2) Briefs of appellants, petitioners, and respondents (RAP 10.4): 12,000 words (word processing software) or 50 pages (typewriter or handwritten). (3) Reply briefs of appellants (RAP 10.4): 6,000 words (word processing software) or 25 pages (typewriter or handwritten). (4) In cross appeals, briefs of appellants, briefs of respondents/cross appellants, and reply briefs of appellants/cross respondents (RAP 10.4): 12,000 words (word processing software) or 50 pages (typewriter or handwritten). (5) In cross-appeals, reply briefs of the cross appellants (RAP 10.4): 6,000 words (word processing software) or 25 pages (typewriter or handwritten).

(6) Amicus briefs and answers to amicus briefs (RAP 10.4): 5,000 words (word processing software) or 20 pages (typewriter or handwritten). (7) Statements of additional grounds for review (RAP 10.10): 12,000 words (word processing software) or 50 pages (typewriter or handwritten). (8) Motions to reconsider a decision terminating review and answers and replies thereto (RAP 12.4): 6,000 words (word processing software) or 25 pages (typewriter or handwritten). (9) Amicus curiae memoranda and answers thereto (RAP 12.4 or RAP 13.4): 2,500 words (word processing software) or 10 pages (typewriter or handwritten). (10) Petitions for review, answers, and replies (RAP 13.4): 5,000 words (word processing software) or 20 pages (typewriter or handwritten). (11) Motions for discretionary review and responses thereto (RAP 13.5): 5,000 words (word processing software) or 20 pages (typewriter or handwritten). (12) Supplemental briefs (RAP 13.7): 5,000 words (word processing software) or 20 pages (typewriter or handwritten). (13) Personal restraint petitions (RAP 16.7): 12,000 words (word processing software) or 50 pages (typewriter or handwritten). (14) Briefs of appellants or respondents, and briefs in support of or opposition to a personal restraint petition submitted in capital cases (RAP 16.22): 60,000 words (word processing software) or 250 pages (typewriter or handwritten). (15) Personal restraint petitions that contain legal argument filed in capital cases (RAP 16.22): 72,000 words (word processing software) or 300 pages (typewriter or handwritten). (16) Reply briefs, pro se supplemental briefs, and responses to pro se supplemental briefs filed in capital cases (RAP 16.22): 18,000 words (word processing software) or 75 pages (typewriter or handwritten). (17) Motions and answers (RAP 17.4): 5,000 words (word processing software) or 20 pages (typewriter or handwritten). (18) Replies to answers to motions (RAP 17.4): 2,500 words (word processing software) or 10 pages (typewriter or handwritten). (19) Motions on the merits (RAP 18.14): 6,000 words (word processing software) or 25 pages (typewriter or handwritten). [Adopted effective September 1, 2021.]

citation: RAP RAP 18.17


title: Reserved

text: RAP 18.18 through 18.20 [RESERVED.]

citation: RAP RAP 18.18


title: Title and Citation of Rules

text: RAP 18.21 TITLE AND CITATION OF RULES These rules are called the Rules of Appellate Procedure and may be cited as RAP. [Adopted effective July 1, 1976.]

citation: RAP RAP 18.21


title: Statutes and Rules Superseded

text:
RAP 18.22 STATUTES AND RULES SUPERSEDED (a) Generally. Rule 1.1(g) provides that these rules supersede all statutes and rules covering procedure in the appellate courts, unless a particular rule indicates that statutes control. The statutes and rules superseded by these rules continue to apply to any case pending before the Supreme Court or the Court of Appeals on July 1, 1976. (b) List of Statutes and Rules. Some, but not necessarily all, of the statutes and rules which are superseded by these rules are listed below. If a listed statute relates to appellate procedure and to some other subject, it is superseded only as it relates to appellate procedure. If a listed statute relates in part to one of these rules which specifies that statutes control, and in part to other rules, the listed statute is superseded only as it relates to the other rules. The rules listed are superseded and no longer effective. STATUTES AND RULES SUPERSEDED SAR 15 ROA I-1 through I-67 ROA II-1 through II-4 CAR 15 and 24 RCW 1.12.040 2.04.010 2.04.160 2.04.170 2.06.030 2.32 4.20.050 4.32.190 4.32.250 4.36.240 4.80.050 4.84.180 4.88.260 5.48.050 6.24.110 7.36.040 8.04.070 8.04.150 10.77.130 10.77.230 19.10.110 24.32.360 26.32.120 26.32.130 [Adopted effective July 1, 1976.]

CAROA 1 through 66 CR 62(c), (d), (e), and (g) CrR 7.4(d)(2) CrR 7.7 RCW 29.79.170 29.79.210 29.82.160 30.30.090 31.12.050 33.40.120 35.44.260 36.18.020(7) 36.94.290 43.24.120 48.28.030 49.32.080 49.60.260 50.32.130 51.52.110 52.34.090 56.20.080 57.16.090 84.64.120 85.05.130 85.06.130 85.08.440 91.04.325 91.08.580

citation: RAP RAP 18.22


title: Mail Addressed to Appellate Courts

text: RAP 18.23 MAIL ADDRESSED TO APPELLATE COURTS All briefs and other papers submitted to the Supreme Court and the Court of Appeals to be filed or considered in a case should be addressed to the clerk of the appropriate court and should clearly show, in the brief or paper itself or in a cover letter, (1) the name of the court to which the brief or paper is being submitted, (2) the caption of the case, and (3) the docket number of the case in the appellate court or, if none, the docket number of the case in the trial court and the name of the trial court. A pleading will be considered timely filed by the Supreme Court and the Court of Appeals if it is timely filed in any Division of the Court of Appeals or in the Supreme Court. [Adopted effective July 1, 1976; Amended effective September 1, 1990; September 1, 1998.]

citation: RAP RAP 18.23


title: Status of References

text: RAP 18.24 STATUS OF REFERENCES The references to these rules have not been adopted by the Supreme Court. The references are solely those of the advisory task force on appellate rules. [Adopted effective July 1, 1976.]

citation: RAP RAP 18.24


title: Notice of Appeal (Trial Court Decision)

text:
See RAP 18.17 for document formatting requirements. RAP FORM 1. Notice of Appeal (Trial Court Decision) (Rule 5.3(a)) SUPERIOR COURT OF WASHINGTON FOR (_______________) COUNTY (Name of plaintiff), Plaintiff,

) ) ) v. ) ) (Name of defendant), ) Defendant. ) )

No. (trial court) NOTICE OF APPEAL) To (COURT OF APPEALS or SUPREME COURT)

(Name of party seeking review), (plaintiff or defendant), seeks review by the designated appellate court of the (Describe the decision or part of decision which the party wants reviewed: for example, "Judgment", "Paragraph 4 of the Marriage Dissolution Decree".) entered on (date of entry.) A copy of the decision is attached to this notice. (Date) ___________________________________ Signature Attorney for (Plaintiff or Defendant)

(Name, personal pronouns (optional), address, telephone number, and Washington State Bar Association membership number of attorney for appellant and the name and address of counsel for each other party should be listed here. In a criminal case, the name and address of the defendant should also be listed here. See rule 5.3(c).) [Adopted effective July 1, 1976; Amended effective September 1, 1994; June 27, 2023.]

citation: RAP RAP FORM1

rule_number: RAP FORM1


title: Notice for Discretionary Review

text:
See RAP 18.17 for document formatting requirements. RAP FORM 2. Notice for Discretionary Review (Rule 5.3(b)) SUPERIOR COURT OF WASHINGTON FOR (_______________) COUNTY (Name of plaintiff),

) ) Plaintiff, ) ) v. ) ) (Name of defendant), ) Defendant. )

No. (trial court) NOTICE OF DISCRETIONARY REVIEW TO (COURT OF APPEALS or SUPREME COURT) APPEALS or SUPREME

(Name of party seeking review), (plaintiff or defendant), seeks review by the designated appellate court of the (Describe the decision or part of decision which the party wants reviewed:

for

example,

"Order

Denying

Discovery",

"Paragraph 4 of the Restraining Order".) entered on (date of entry). A copy of the decision is attached to this notice. (Date)

_____________________________________ Signature Attorney for (Plaintiff or Defendant) (Name, personal pronouns (optional), address, telephone number, and Washington State Bar Association membership number of attorney for appellant and the name and address of counsel for each other party should be listed here. In a criminal case, the name and address of the defendant should also be listed here. See rule 5.3(c). [Adopted effective July 1, 1976; Amended effective September 1, 1994; June 27, 2023.]

citation: RAP RAP FORM2

rule_number: RAP FORM2


title: Motion for Discretionary Review

text:
See RAP 18.17 for document formatting requirements. RAP FORM 3. Motion for Discretionary Review [Rule 6.2 (review of trial court decision); Rule 13.5 (review of Court of Appeals interlocutory decision); Rule 17.3(b) (content of motion)) No. (appellate court) (SUPREME COURT or COURT OF APPEALS, DIVISION_____) OF THE STATE OF WASHINGTON (Title of trial court proceeding with parties designated as in rule 3.4, for example: JOHN DOE, Respondent, v. MARY DOE, Petitioner, and HENRY JONES, Defendant.) __________________________________________________ MOTION FOR DISCRETIONARY REVIEW __________________________________________________ (Name of petitioner's attorney) (personal pronouns (optional)) Attorney for (Petitioner) (Address, telephone number, and Washington State Bar Association membership number of petitioner's attorney)

A. IDENTITY OF PETITIONER (Name) asks this court to accept review of the decision or parts of the decision designated in Part B of this motion. B. DECISION (Identify the decision or parts of decision which the party wants reviewed by the type of decision, the court entering or filing the decision, the date entered or filed, and the date and a description of any order granting or denying motions made after the decision such as a motion for reconsideration. The substance of the decision may also be described: for example, "The decision restrained defendant from using any of her assets for any purpose other than living expenses. Defendant is thus restrained from using her assets to pay fees and costs to defend against plaintiff's suit for a claimed conversion of funds from a joint bank account.") A copy of the decision (and the trial court memorandum opinion) is in the Appendix at pages A-____ through ____. C. ISSUES PRESENTED FOR REVIEW

(Define the issues which the court is asked to decide if review is granted. See Part II of Form 6 for suggestions for framing issues presented for review.) D. STATEMENT OF THE CASE (Write a statement of the procedure below and the facts. The statement should be brief and contain only material relevant to the motion. If the motion is directed to a Court of Appeals decision, the statement should contain appropriate references to the record on review. See Part III of Form 6. If the motion is directed to a trial court decision, reference should be made to portions of the trial court record. Portions of the trial court record may be placed in the Appendix. Certified copies are not necessary. If portions of the trial court record are placed in the Appendix, the portions should be identified here with reference to the pages in the Appendix where the portions of the record appear.) E. ARGUMENT WHY REVIEW SHOULD BE ACCEPTED

(The argument should be short and concise and supported by authority.

The

argument

should

be

directed

to

the

considerations for accepting review set out in rule 2.3(b) for review of a trial court decision and rule 13.5(b) for review of a decision of the Court of Appeals.) F. CONCLUSION (State the relief sought if review is granted. For example: “This court should accept review for the reasons indicated in Part E and modify the restraining order to permit defendant to use her assets to pay fees and costs incurred in defending plaintiff's suit for conversion.”) [If the petition is prepared using word processing software, include the following statement: This document contains words, excluding the parts of the document exempted from the word count by RAP 18.17.] (Date) Respectfully submitted, _____________________________________

Signature (Name of petitioner's attorney) APPENDIX (See rule 17.3(b)(8) for materials to include within the Appendix.) [Adopted effective July 1, 1976; Amended effective September 1, 1994; September 1, 2010; September 1, 2021; June 27, 2023.]

citation: RAP RAP FORM3

rule_number: RAP FORM3


title: Statement of Grounds for Direct Review

text:
See RAP 18.17 for document formatting requirements. RAP FORM 4. Statement of Grounds for Direct Review (Rule 4.2(b)) No. (Supreme Court) SUPREME COURT OF THE STATE OF WASHINGTON [Title of the trial court proceeding with parties designated as in rule 3.4]

) ) ) )

STATEMENT OF GROUNDS FOR DIRECT REVIEW BY THE SUPREME COURT

(Name of party) seeks direct review of the (describe the decision or part of the decision that the party wants reviewed) entered by the (name of court) on (date of entry.) The issues presented in the review are: [State issues presented for review. See Part II of Form 6 for suggestions for framing issues presented for review.] The reasons for granting direct review are: (Briefly indicate and argue grounds for direct review. See rule 4.2.) [If the petition is prepared using word processing software, include the following statement: This document contains

words, excluding the parts of the document

exempted from the word count by RAP 18.17.] [Date] Respectfully submitted,

_____________________________________ Signature (Name, personal pronouns (optional), address, telephone number, and Washington State Bar Association membership number of attorney) [Adopted effective July 1, 1976; Amended effective September 1, 1994; September 1, 2006; September 1, 2010; September 1, 2021; June 27, 2023.]

citation: RAP RAP FORM4

rule_number: RAP FORM4


text:
See RAP 18.17 for document formatting requirements. RAP FORM 5. Title Page for all Briefs and Petition for Review (Rule 10.3 (briefs); Rule 13.4(d) (petition for review)) No. (appellate court) (SUPREME COURT or COURT OF APPEALS, DIVISION_____) OF THE STATE OF WASHINGTON __________________________________________________ _ (Title of trial court proceeding with parties designated as in rule 3.4, for example: JOHN DOE, Respondent, v. MARY DOE, (Appellant or Petitioner), and HENRY JONES, Defendant.) __________________________________________________ _ (PETITION FOR REVIEW or title of brief, for example: BRIEF OF PETITIONER, REPLY BRIEF OF APPELLANT) __________________________________________________ _ (Name of attorney for party filing brief) (personal pronouns (optional)) Attorney for (Identity of party, as Appellant)

(Address, telephone number, and Washington State Bar Association number of attorney for party filing brief or petition) [Adopted effective July 1, 1976; Amended effective September 1, 1994; June 27, 2023.]

citation: RAP RAP FORM5

rule_number: RAP FORM5


title: Brief of Appellant

text:
See RAP 18.17 for document formatting requirements. RAP FORM 6. Brief of Appellant (Rule 10.3(a)) (See Form 5 for form of cover and title page. For useful discussions of appellate brief writing, see the latest edition of the Washington State Bar Association Appellate Practice Deskbook.) TABLE OF CONTENTS I. Introduction [Optional. See rule 10.3(a)(3).] II. Assignments of Error ............................................... {Page #s} Assignments of Error No. 1......................................................... {Page #s} No. 2......................................................... {Page #s} No. 3......................................................... {Page #s} Issues Pertaining to Assignments of Error No. 1......................................................... {Page #s} No. 2......................................................... {Page #s} III. Statement of the Case ............................................. {Page #s} IV. Summary of Argument........................................... {Page #s} [Optional. See rule 10.3(a)(6).]

V. Argument ................................................................. {Page #s} [If the argument is divided into separate headings, list each separate heading and give the page where each begins.]

VI. Conclusion.............................................................. {Page #s} VII. Appendix ......................................................................... A-1 [List each separate item in the Appendix and give page where each item begins.]

TABLE OF AUTHORITIES •

Table of Cases [Here list cases, alphabetically arranged, with citations complying with rule 10.4(g), and page numbers where each case appears in the brief. Washington cases may be first listed alphabetically with other cases following and listed alphabetically.]

•

Constitutional Provisions [Here list constitutional provisions in the order in which the provisions appear in the constitution with page numbers where each is referred to in the brief.]

•

Statutes [Here list statutes in the order in which they appear in RCW, U.S.C., etc., with page numbers where each is referred to in the brief. Common names of statutes may be used in addition to code numbers.]

•

Regulations and Rules

[Here list regulations and court rules grouped in appropriate categories and listed in numerical order in each category with page numbers where each is referred to in the brief.]

•

Other Authorities [Here list other authorities with page numbers where each is referred to in the brief.]

Note: For form of citations, see GR 14(d). [Brief begins here with the Introduction] I. INTRODUCTION [An introduction is optional and may be included as a separate section of the brief at the filing party’s discretion. The introduction need not contain citations to the record or authority.]

II. ASSIGNMENTS OF ERROR Assignments of Error [Here separately state and number each assignment of error as required by rule 10.3(a) and (g). For example:

OR

"1. The trial court erred in entering the order of May 12, 1975, denying defendant's motion to vacate the judgment entered on May 1, 1975." "2. The trial court erred in denying the defendant's motion to suppress evidence by order entered on March 10, 1975."]

Issues Pertaining to Assignments of Error [Concisely define the legal issues in question form that the appellate court is asked to decide and number each issue.

List after each issue the Assignments of Error that pertain to the issue. Proper phrasing of the issues is important. Each issue should be phrased in the terms and circumstances of the case, but without unnecessary detail. The court should be able to determine what the case is about and what specific issues the court will be called upon to decide by merely reading the issues presented for review. Examples of issues presented for review are:

OR

"Does an attorney, without express authority from their client, have implied authority to stipulate to the entry of judgment against their client as a part of a settlement that limits the satisfaction of the judgment to specific property of the client? (Assignment of Error 1.)" "Defendant was arrested for a traffic offense and held in jail for 2 days because of outstanding traffic warrants. The police impounded defendant's car and conducted a warrantless 'inventory' search of defendant's car and seized stolen property in the trunk. The impound was not authorized by any ordinance. Did the search and seizure violate defendant's rights under the fourth and fourteenth amendments to the Constitution of the United States and under article I, section 7 of the Constitution of the State of Washington? (Assignment of Error 2.)"]

III.

STATEMENT OF THE CASE [Write a statement of the procedure below and the facts relevant to the issues presented for review. The statement should not be argumentative. Every factual statement should be supported by a reference to the record. See rule 10.4(f) for proper abbreviations for the record.]

IV.

SUMMARY OF ARGUMENT [This is optional.]

V.

ARGUMENT [The argument should ordinarily be separately stated under appropriate headings for each issue presented for review. Long arguments should be divided into subheadings. The argument should include citations to legal authority and references to relevant parts of the record. The court ordinarily encourages a concise statement of the standard of review as to each issue.]

VI.

CONCLUSION [Here state the precise relief sought.]

WORD CERTIFICATE [If the petition is prepared using word processing software, include the following statement: This document contains _________ words, excluding the parts of the document exempted from the word count by RAP 18.17.] [Date] Respectfully submitted, _____________________________________ Signature [Name of Attorney] [personal pronouns (optional)] Attorney for [Appellant, Respondent, or Petitioner] Washington State Bar Association membership number Electronic Signatures to comply with GR 30 VII. APPENDIX [Optional. See rule 10.3(a)(8).] [APPENDIX TO BE ATTACHED TO BRIEF]

[Adopted effective July 1, 1976; Amended effective September 1, 1994; September 1, 2006; September 1, 2021; June 27, 2023; July 22, 2025.]

citation: RAP RAP FORM6

rule_number: RAP FORM6


title: Notice of Intent To File Pro Se Supplemental Brief (Deleted)

text: RAP FORM 7. Notice of Intent To File Pro Se Supplemental Brief [DELETED] [Deleted effective September 1, 2006.]

citation: RAP RAP FORM7

rule_number: RAP FORM7


title: Notice of Appeal From Court of Appeals Decision (Obsolete)

text: RAP FORM 8. Notice of Appeal From Court of Appeals Decision [OBSOLETE]

citation: RAP RAP FORM8

rule_number: RAP FORM8


title: Petition for Review

text:
See RAP 18.17 for document formatting requirements. RAP FORM 9. Petition for Review [Rule 13.4(d)] (See Form 5 for form of cover which is the title page.) TABLE OF CONTENTS (See Form 6, except modify names of parts of brief to correspond to names of parts of Petition for Review.) TABLE OF AUTHORITIES (See Form 6.) A.

IDENTITY OF PETITIONER (Name) asks this court to accept review of the Court of

Appeals decision terminating review designated in Part B of this petition. B.

COURT OF APPEALS DECISION (Identify the decision or parts of the decision of the

Court of Appeals which the party wants reviewed, the date filed, and the date of any order granting or denying a motion for reconsideration.) A copy of the decision is in the Appendix

at pages A-____ through ____. A copy of the order denying petitioner’s motion for reconsideration is in the Appendix at pages A-____ through ____. C.

ISSUES PRESENTED FOR REVIEW (Define the issues which the Supreme Court is asked to

decide if review is granted. See the second portion of Part II of Form 6 for suggestions for framing issues presented for review.) D.

STATEMENT OF THE CASE (See Part III of Form 6.)

E.

ARGUMENT WHY REVIEW SHOULD BE

ACCEPTED (The argument should be short and concise and directed to the considerations for accepting review set out in rule 13.4(b). For argument generally, see Part V of Form 6. The argument may be preceded by a summary.) F.

CONCLUSION (State the relief sought if review is granted. See Part F of

Form 3.) [If the petition is prepared using word processing software, include the following statement: This document contains

words, excluding the parts of the document

exempted from the word count by RAP 18.17.] [Date] Respectfully submitted, _______________________________________ Signature (Name of attorney) (personal pronouns (optional)) Attorney for (Petitioner or Respondent) Washington State Bar Association membership number APPENDIX (See rule 13.4(c)(9) for materials to include within Appendix.) [Adopted effective July 1, 1976; Amended effective September 1, 1994; September 1, 2010; September 1, 2021; June 27, 2023.]

citation: RAP RAP FORM9

rule_number: RAP FORM9


title: Cost Bill

text:
See RAP 18.17 for document formatting requirements. RAP FORM 10. Cost Bill (Rule 14.4) No. (appellate court) (SUPREME COURT or COURT OF APPEALS, DIVISION_____) OF THE STATE OF WASHINGTON (Title of trial court proceeding ) with parties designated as in ) rule 3.4) )

COST BILL

(Name of party asking for costs), (appellant, petitioner, or respondent), asks that the following costs be awarded: 1.

Statutory attorney's fees

$

2.

Preparation of original and one copy of report of proceedings

$

3.

Copies of clerk's papers

$

4.

Transmittal of record on review

$

5.

Expenses incurred in superseding the decision of the trial court (Identify)

6.

$

Charges of appellate court clerk for reproduction of briefs, petitions, and motions (Identify and

separately state the charge for each.)

$

7.

Preparing 50 pages of original documents

$

8.

Filing fee

$___ Total

$

The above items are expenses allowed as costs by rule 14.3, reasonable expenses actually incurred, and reasonably necessary for review. (Name of party) should pay the costs. (Date)

_____________________________________ Signature Attorney for (Appellant, Respondent, or Petitioner) (Name, personal pronouns (optional), address, telephone number, and Washington State Bar Association membership number of attorney) [Adopted effective July 1, 1976; Amended effective September 1, 1994; June 27, 2023.]

citation: RAP RAP FORM10

rule_number: RAP FORM10


title: Objections to Cost Bill

text:
See RAP 18.17 for document formatting requirements. RAP FORM 11. Objections to Cost Bill (Rule 14.5) No. (appellate court) (SUPREME COURT or COURT OF APPEALS, DIVISION_____) OF THE STATE OF WASHINGTON (Title of trial court proceeding ) with parties designated as in ) BILL ) rule 3.4) )

OBJECTIONS TO COST

(Name of party objecting), (appellant, petitioner or respondent), objects to the award of any costs to (name of party) because: (Here state reasons. See rule 14.2.) Alternate Form (Name of party objecting), (appellant, petitioner, or respondent), objects to the following expenses listed on the Cost Bill of (name of party): (List the items on the cost bill which are objectionable, by number of item on the cost bill with a description of the item

and the amount claimed. State the objection after each item. For example: 2. Report of Proceedings

$320.00

Objection: The amount claimed is unreasonable. See RAP 14.3. (a). The report of proceedings is double spaced and is ____ pages. The usual charge per page is $____. Computed on the usual basis, the total charge should be $220.00. 5. Bond

$10.00

Objection: The charge is for the premium on a cost bond. A cost bond is not required under the new rules. The charge was not reasonably necessary for review. See RAP 14.3(a).) (Date) _____________________________________ Signature Attorney for (Appellant, Respondent, or Petitioner) (Name, personal pronouns (optional), address, telephone number, and Washington State Bar Association membership number of attorney) [Adopted effective July 1, 1976; Amended effective September 1, 1994; June 27, 2023.]

citation: RAP RAP FORM11

rule_number: RAP FORM11


title: Order of Indigency

text:
See RAP 18.17 for document formatting requirements. RAP FORM 12. Order of Indigency [Rule 15.2] SUPERIOR COURT OF WASHINGTON FOR [_______________] COUNTY [Name of plaintiff], Plaintiff, v. [Name of defendant], Defendant.

) ) ) ) )

No. [trial court] ORDER OF INDIGENCY

[Set forth finding of indigency and state that applicable law grants review wholly or partially at public expense. For example: "The court finds that the defendant lacks sufficient funds to prosecute an appeal and applicable law grants defendant a right to review at public expense to the extent defined in this order."] The court orders as follows: 1. The filing fee is waived. 2. [Name of indigent] is entitled to counsel for review wholly at public expense. When review is discretionary, counsel will be provided and the expenses detailed below will

be paid if review is accepted or as applicable law permits. 3. The appellate court shall appoint counsel for review pursuant to RAP 15.2 [If applicable: "Trial counsel must assist appointed counsel for review in preparing the record."] 4. [Name of indigent] is entitled to the following at public expense: (a) The verbatim report of proceedings reasonably necessary for review. (b) A copy of the clerk's papers reasonably necessary for review. (c) Preparation of original documents to be reproduced by the clerk as provided in rule 14.3(b). (d) Reproduction of briefs and other papers on review that are reproduced by the clerk of the appellate court. (e) The cost of transmitting the following cumbersome exhibits: [Designate cumbersome exhibits needed for review. See rule 9.8(b).]

(f) Other items: [Designate items.] [Date]

_____________________________________ Signature [Name of Judge Judge of the Superior Court] Presented by: [Name of party and attorney for party presenting order; Washington State Bar Association membership number] [Adopted effective July 1, 1976; Amended effective September 1, 1994; July 5, 2005; September 1, 2006; September 1, 2018.]

citation: RAP RAP FORM12

rule_number: RAP FORM12


title: Findings of Indigency (Obsolete)

text: RAP FORM 12A. Findings of Indigency [OBSOLETE]

citation: RAP RAP FORM12A

rule_number: RAP FORM12A


title: Motion for Order of Indigency

text:
See RAP 18.17 for document formatting requirements. RAP APPENDIX OF FORMS FORM 13 MOTION FOR ORDER OF INDIGENCY [Rule 15.2(c)] SUPERIOR COURT OF WASHINGTON FOR ____________ COUNTY [Name of Plaintiff] Plaintiff,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

v. of Indigency-

[Name of Defendant] (Civil Defendant.

No. [trial court] Motion for Order (Criminal), (Juvenile Offense), (Dependency), (Termination), (Commitment), (Contempt), (Habeas Corpus), (Appeal), involving a (Constitutional or Statutory Right to Counsel) Case

______________________, (defendant) (respondent) (petitioner), files a notice of appeal in the above-referenced (criminal), (juvenile offense), (dependency), (termination),

1

(commitment), (civil contempt), (habeas corpus), (appeal involving a constitutional or statutory right to counsel) case, and moves the court for an Order of Indigency authorizing the expenditure of public funds to prosecute this appeal (wholly at public expense) (partially at public expense). (Defendant) (Respondent) (Petitioner) was found indigent by order of this court on

. There has

been no change in (defendant) (respondent) (petitioner)’s financial status since that time, and (defendant) (respondent) (petitioner) continues to lack sufficient funds to seek review in this case. (Defendant) (Respondent) (Petitioner) asks the court to order the following to be provided at public expense: all filing fees; attorney fees; preparation, reproduction, and distribution of briefs; preparation of verbatim report of proceedings; and preparation of necessary clerk’s papers. The following certificate is made in support of this motion.

2

DATED: __________________ Signature (Defendant) (Respondent) (Petitioner) (personal pronouns (optional)) Signature Name of Attorney for (Defendant) (Respondent) (Petitioner)(personal pronouns (optional)) WSBA # CERTIFICATE I, __________________________________, certify as follows: 1. That I have previously been found indigent by this court. 2. That the highest level of education I have completed is: ( ) Grade School

( ) High School

( ) College or greater

3. That I have held the following jobs:

4. That I:

( ) have not received job training ( ) have received the following job training:

5. That I: ( ) do not have a mental or physical disability that would affect my ability to work

3

( ) have the following mental or physical disability that would affect my ability to work:

6. That I: ( ) do not have children or family members that normally depend on me for financial support ( ) have the following children or family member that normally depend on me for support

7. That I: ( ) do not anticipate my financial condition improving in the foreseeable future through inheritance, sale of land, or similar. ( ) anticipate my financial condition improving in the foreseeable future as follows:

I, ___________________________, certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Signature Name of (Defendant) (Respondent) (Petitioner)

Date

Place

4

[Adopted effective July 1, 1976; Amended effective September 1, 1994; December 24, 2002; September 1, 2010; January 31, 2017; June 27, 2023.]

5

citation: RAP RAP FORM13

rule_number: RAP FORM13


title: Invoice of Court Reporter--Indigent Case (Deleted)

text: RAP FORM 14. Invoice of Court Reporter—Indigent Case [DELETED] [Deleted effective September 1, 2006.]

citation: RAP RAP FORM14

rule_number: RAP FORM14


title: Statement of Arrangements

text:
See RAP 18.17 for document formatting requirements. RAP FORM 15 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ___ ) ) ) ) ) ) )

No. STATEMENT OF ARRANGEMENTS [Rule 9.2(a)]

, attorney for states that on

, 20

,

, I ordered transcription of the

verbatim report of proceedings from the court reporter(s)/ transcriptionist(s) named below and arranged to pay the cost of transcriptions as follows: Volume

Date

Judge

Court Reporter/ Page Range Transcriber 1-500 501-1000

___ A complete verbatim report of proceedings has been ordered. ___ A partial report has been ordered. In compliance with RAP 9.2, the following issues will be presented. .

Signature WSBA No.

CERTIFICATE OF SERVICE I certify that on the _____ day of _______________, 20 ___, I caused a true and correct copy of this Statement of Arrangements to be served on the following in the manner indicated below: Counsel for Name Address

( ) U.S. Mail ( ) Hand Delivery ( )

Counsel for Name Address

( ) U.S. Mail ( ) Hand Delivery ( )

Court Reporter Name Address

( ) U.S. Mail ( ) Hand Delivery ( )

By: [Adopted effective July 1, 1976; Amended effective September 1, 1994; December 24, 2002; July 22, 2025.]

citation: RAP RAP FORM15

rule_number: RAP FORM15


title: Notice of Filing Verbatim Report of Proceedings (RAP 9.5)

text:
See RAP 18.17 for document formatting requirements. RAP FORM 15A. NOTICE OF FILING VERBATIM REPORT OF PROCEEDINGS COURT OF APPEALS, DIVISION _____ OF THE STATE OF WASHINGTON

[Title of trial court proceedings with parties designated as in rule 3.4]

) ) ) ) ) ) ) ) ) ) )

No. NOTICE OF FILING VERBATIM REPORT OF PROCEEDINGS (RAP 9.5)

DECLARATION I, (name) , court reporter/transcriber, filed the verbatim report of proceedings on _________, 20 , for the following dates and provided a copy to the party who arranged for transcription: ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________

The transcript (check one): ___ was computer-generated ___ was not computer-generated. If it was computer-generated, I filed a copy of the transcript in PDF format on compact disk or flash drive on the same date as the transcript was filed and provided a copy to the party who arranged for transcription CERTIFICATE OF SERVICE I certify that on the _____ day of _______________, 20 ___, I caused a true and correct copy of this Notice to be served on the following in the manner indicated below: ( ) U.S. Mail ( ) Hand Delivery ( ) ( ) U.S. Mail ( ) Hand Delivery ( ) ( ) U.S. Mail ( ) Hand Delivery ( ) By:

(Signature) Name

[Adopted effective December 24, 2002; Amended effective September 1, 2010; September 1, 2018.]

citation: RAP RAP FORM15A

rule_number: RAP FORM15A


title: Statement of Arrangements in Appeals from Dependency Dispositional Orders and Orders Terminating Parental Rights

text:
See RAP 18.17 for document formatting requirements. RAP FORM 15B STATEMENT OF ARRANGEMENTS IN APPEALS FROM DEPENDENCY DISPOSITIONAL ORDERS AND ORDERS TERMINATING PARENTAL RIGHTS [Rule 18.13A(e)] SUPERIOR COURT OF WASHINGTON FOR (_______) COUNTY [Name of plaintiff],

) Plaintiff ) v. ) [Name of defendant], ) ) Defendant )

No. [trial court] STATEMENT OF ARRANGEMENTS

, attorney for on

, 20

, states that

, I ordered transcription of the verbatim

report of proceedings from the court reporter(s)/ transcriptionist(s) named below and have arranged to pay the cost of transcription and preparation of the record on appeal [at public expense by Order of Indigency]:

Volume

Date

Judge

Court Reporter/ Page Range Transcriber 1-500 501-1000

A copy of this statement is being filed with the Court of Appeals and served on all parties of record and all court reporters and/or court-approved transcribers. The reports of proceedings in appeals under RAP 18.13A take precedence over the preparation and filing of all other appeal records. Extensions will be granted only in exceptional circumstances. RAP 18.13A(f). _________________________________ Signature _________________________________ Type or print name/WSBA No. CERTIFICATE OF SERVICE I certify that on the _____ day of _______________, 20 ___, I caused a true and correct copy of this Statement of

Arrangements to be served on the following in the manner indicated below: Counsel for Name Address

( ) U.S. Mail ( ) Hand Delivery ( )

Counsel for Name Address

( ) U.S. Mail ( ) Hand Delivery ( )

Court Reporter Name Address

( ) U.S. Mail ( ) Hand Delivery ( )

By: [Adopted effective December 2, 2008; Amended effective July 22, 2025.]

citation: RAP RAP FORM15B

rule_number: RAP FORM15B


title: Designation of Clerk's Papers in Appeals from Dependency Dispositional Orders and Orders Terminating Parental Rights

text:
See RAP 18.17 for document formatting requirements. FORM 15C. DESIGNATION OF CLERK’S PAPERS IN APPEALS FROM DEPENDENCY DISPOSITIONAL ORDERS AND ORDERS TERMINATING PARENTAL RIGHTS [Rule 18.13A(g)] SUPERIOR COURT OF WASHINGTON FOR (_______) COUNTY

[Name of plaintiff], v. [Name of defendant],

) Plaintiff ) ) ) ) Defendant ) )

No. [trial court] DESIGNATION OF CLERK’S PAPERS

TO: Superior Court Clerk Pursuant to RAP 18.13A(g) please prepare and transmit to the Court of Appeals, Division ____, the following Clerk’s Papers and Exhibits:

All documents/subnumbers filed in [the lowest trial court cause number for which the appellant seeks review].

All exhibits admitted in [the lowest trial court cause number for which the appellant seeks review].

A copy of this document has been filed with the Court of Appeals and served on all parties of record.

The clerk should give priority to the preparation and transmittal of clerk’s papers under RAP 18.13A(g). DATED this ___ day of ______, 20___.

_________________________________ Attorney for [______________] _________________________________ Type or print name WSBA No.________________

CERTIFICATE OF SERVICE I certify that on the _____ day of _______________, 20 ___, I caused a true and correct copy of this Designation of Clerk’s Papers to be served on the following in the manner indicated below:

Counsel for Name Address

( ) U.S. Mail ( ) Hand Delivery ( )

Counsel for Name Address

( ) U.S. Mail ( ) Hand Delivery ( )

Counsel for Name Address

( ) U.S. Mail ( ) Hand Delivery ( )

By: [Adopted effective December 2, 2008.]

citation: RAP RAP FORM15C

rule_number: RAP FORM15C


title: Notice of Intent to Deliver Consent to Adoption

text:
See RAP 18.17 for document formatting requirements. RAP FORM 15D. NOTICE OF INTENT TO DELIVER CONSENT TO ADOPTION

[Rule 18.13A(k)] (SUPREME COURT or COURT OF APPEALS, DIVISION __) OF THE STATE OF WASHINGTON

THE MATTER OF THE

No. ___________

IN DEPENDENCY OF:

NOTICE OF INTENT TO DELIVER CONSENT TO ADOPTION

A.B.C., A Minor Child.

TO: (Names of persons entitled to notice and their attorneys. See RAP 18.13A(k)). Respondent, (Department of Social and Health Services, name of supervising agency), hereby gives notice that it intends to deliver a consent to the adoption of the above named child to prospective adoptive parents on the _____day of ________, 20___. See RAP 18.13A(k).

Dated this ____ day of _____, 20___.

______________________________ Signature (Name of attorney) Washington State Bar Association membership number Attorney for Respondent [Adopted effective December 2, 2008; Amended effective April 3, 2012.]

citation: RAP RAP FORM15D

rule_number: RAP FORM15D


title: Petition Against State Officer

text:
See RAP 18.17 for document formatting requirements. RAP FORM 16. Petition Against State Officer (Rule 16.2(b)) No. (appellate court) SUPREME COURT OF THE STATE OF WASHINGTON (Name of petitioner), ) Petitioner, ) v. ) ) (Name of respondent), Respondent. )

PETITION AGAINST STATE OFFICER )

Petitioner alleges: (Set forth in numbered, descriptively titled paragraphs, as in a complaint in a civil action, a short and plain statement of the claim showing that petitioner is entitled to relief. Conclude with a demand for judgment for the relief sought. See CR 10.) (Date) __________________________________ Signature Attorney for Petitioner (Name, personal pronouns (optional), address, telephone number, and Washington State Bar Association membership number of attorney) [Adopted effective July 1, 1976; Amended effective September 1, 1994; June 27, 2023.]

citation: RAP RAP FORM16

rule_number: RAP FORM16


text:
See RAP 18.17 for document formatting requirements. RAP FORM 17. Personal Restraint Petition for Person Confined by State or Local Government [Rule 16.7] No. [appellate court] [Put name of appellate court that you want to hear your case.] OF THE STATE OF WASHINGTON [Put your name here.],

Petitioner.

) ) ) )

PERSONAL RESTRAINT PETITION

If there is not enough room on this form, use the back of these pages or use other paper. Fill out all of this form and other papers you are attaching before you sign this form in front of a notary.

A.

STATUS OF PETITIONER

I, __________________________________________________, (full name, personal pronouns (optional), and address) apply for relief from confinement. I am [ ] am not [ ] now in custody serving a sentence upon conviction of a crime. (If not

serving a sentence upon conviction of a crime) I am now in custody because of the following type of court order: __________________________________________________. (identify type of order) 1. My anticipated release date is _____________________. 2. The court in which I was sentenced is _______________. 3. I was convicted of the crime(s) of _____________________________________________. 4. I was sentenced after trial [ ], after plea of guilty [ ] on _____________________________________________. (date of sentence) The judge who imposed sentence was ______________________________________________. (name of trial court judge) 5. My lawyer at trial court was ______________________________________________ (name and address if known; if none, write "none") __________________________________________________. 6. I did [ ] did not [ ] appeal from the decision of the

trial court. If the answer is that I did, I appealed to _____________________________________________. (name of court or courts to which appeal was taken) My lawyer on appeal was __________________________________________________. (name and address if known; if none, write "none") The decision of the appellate court was [ ] was not [ ] published. If the answer is that it was published, and I have this information, the decision is published in ___________________________________________________ (volume number, Washington Appellate Reports or __________________________________________________. Washington Reports, and page number) 7. Since my conviction I have [ ] have not [ ] asked a court for some relief from my sentence other than I have already written above. If the answer is that I have asked, the court I asked was ____________________________________ __________________________________________________.

(name of court or courts in which relief was sought) Relief was denied on ________________________________________________. (date of decision or, if more than one, dates of all decisions) 8. If I have answered in question 7 that I did ask for relief, the name of my lawyer in the proceeding mentioned in my answer to question 7 was __________________________________________________. (name and address if known; if none, write "none") 9. If the answers to the above questions do not really tell about the proceedings and the courts, judges and attorneys involved in your case, tell about it here: ___________________________________________________ __________________________________________________. B.

GROUNDS FOR RELIEF (If I claim more than one reason for relief from

confinement, I attach sheets for each reason separately, in the same way as the first one. The attached sheets should be

numbered "First Ground", "Second Ground", "Third Ground", etc.). I claim that I have ______ (number) reason(s) for this court to grant me relief from the conviction and sentence described in Part A. _____________________ Ground (First, Second, etc.) 1. I should be given a new trial or released from confinement because (Here state legal reasons why you think there was some error made in your case which gives you the right to a new trial or release from confinement.): ___________________________________________________ ___________________________________________________ 2. The following facts are important when considering my case (After each fact statement, put the name of the person or persons who know the fact and will support your statement of the fact. If the fact is already in the record of your case, indicate that, also.): ___________________________________________________

__________________________________________________. 3. The following reported court decisions (include citations if possible) in cases similar to mine show the error I believe happened in my case (If none are known, state "None known".): __________________________________________ ___________________________________________________ ___________________________________________________ __________________________________________________. 4. The following statutes and constitutional provisions should be considered by the court (If none are known, state "None known".): ___________________________________________________ __________________________________________________. 5. This petition is the best way I know to get the relief I want, and no other way will work as well because ___________________________________________________ ___________________________________________________ __________________________________________________.

C.

STATEMENT OF FINANCES If you cannot afford to pay the filing fee or cannot afford

to pay an attorney to help you, fill this out. If you have enough money for these things, do not fill out this part of the form. 1. I do ___ do not ___ ask the court to file this without making me pay the filing fee because I am so poor I cannot pay the fee. 2. I have a spendable balance of $______ in my prison or institution account. 3. I do ___ do not ___ ask the court to appoint a lawyer for me because I am so poor I cannot afford to pay a lawyer. 4. I am ___ am not ___ employed. My salary or wages amount to $______ a month. My employer is ___________________________________________________ __________________________________________________. (name and address) 5. During the past 12 months I did ___ did not ___ get any money from a business, profession or other form of

self-employment. (If I did, it was ________________________ and the total income I got was $_________________.) (kind of self-employment) 6. During the past 12 months, I did

did not get any rent payments. If so, the total amount I got was $_______________.

___

___

get any interest. If so, the total amount I got was $____________________.

___

___

get any dividends. If so, the total amount I got was $_____________________.

___

___

get any other money. If so, the amount of money I got was $______________.

7. ___

___ have any cash except as said in answer 2. If so, the total amount of cash I have is $__________________________.

___

___

have any savings accounts or checking accounts. If so, the amount in all accounts is $___________________.

___

___

own stocks, bonds, or notes. If so, their total value is $_______________.

8. List all real estate and other property or things of value which belong to you or in which you have an interest. Tell what each item of property is worth and how much you owe on it. Do not list household furniture and furnishings and clothing which you or your family need. Items

Value

___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ 9. I am ___ am not ___ married. If I am married, my wife or husband's name and address is ___________________________________________________ ___________________________________________________

__________________________________________________. 10. All of the persons who need me to support them are listed here. Name and Address

Relationship

Age

___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ 11. All the bills I owe are listed here. Name of creditor

Address

Amount

you owe money to ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________

___________________________________________________ ___________________________________________________

D.

REQUEST FOR RELIEF I want this court to: ___ vacate my conviction and give me a new trial ___ vacate my conviction and dismiss the criminal

charges against me without a new trial ___ other (specify) ___________________________________________________ ___________________________________________________ ___________________________________________________

E.

OATH OF PETITIONER

THE STATE OF WASHINGTON County of _________________

) ) ss. )

After being first duly sworn, on oath, I depose and say: That I am the petitioner, that I have read the petition, know its

contents, and I believe the petition is true.

___________________________________________________ [sign here] SUBSCRIBED AND SWORN to before me this ___ day of_________________________________________________. Notary Public in and for the State of Washington, residing at: ___________________________________________________ If a notary is not available, explain why none is available and indicate who can be contacted to help you find a notary: __________________________________________________ __________________________________________________ Then sign below: I declare that I have examined this petition and to the best of my knowledge and belief it is true and correct. [If the petition is prepared using word processing software, include the following statement: This document contains

words, excluding the parts of the document

exempted from the word count by RAP 18.17.] _____________________________________________ [date].

___________________________________________________ [sign here]

[Adopted effective July 1, 1976; Amended effective September 1, 1990; September 1, 2006; November 21, 2006; September 1, 2021; June 27, 2023; October 1, 2024.]

citation: RAP RAP FORM17

rule_number: RAP FORM17


title: Motion

text:
See RAP 18.17 for document formatting requirements. RAP FORM 18. Motion (Rule 17.3(a)) No. (appellate court) (SUPREME COURT or COURT OF APPEALS, DIVISION_____) OF THE STATE OF WASHINGTON (Title of trial court proceeding ) with parties designated as in ) rule 3.4 ) 1.

MOTION FOR (identity relief sought)

IDENTITY OF MOVING PARTY (Name), (designation of moving party, for example:

"Appellant" or "Assignee of Respondent's interest in the judgment being reviewed") asks for the relief designated in Part 2. 2.

STATEMENT OF RELIEF SOUGHT (State the relief sought, for example: "Substitution of

John Doe as respondent in place of Alvin Jones".) 3.

FACTS RELEVANT TO MOTION (Here state facts relevant to motion with reference to or

copies of parts of the record relevant to the motion. For example: "Alvin Jones, plaintiff, obtained a judgment against defendant, Henry Hope (Judgment, CP 17). Alvin Jones assigned the judgment to John Doe after defendant filed his Notice of Appeal. A true copy of the assignment is attached. Defendant did not assert a counterclaim against plaintiff in the trial court".) 4.

GROUNDS FOR RELIEF AND ARGUMENT [Here state the grounds for the relief sought with

authority and supporting argument. For example: “RAP 3.2(a) authorizes substitution of parties when the interest of a party in the subject matter of the review has been transferred. Substitution should be granted here as defendant has no claim against plaintiff-respondent and respondent no longer has an interest in the judgment which is the subject matter of this appeal”.] [If the petition is prepared using word processing software, include the following statement: This document

contains

words, excluding the parts of the document

exempted from the word count by RAP 18.17.] (Date) Respectfully submitted, _____________________________________ Signature Attorney for (Appellant, Respondent, or Petitioner) (Name, personal pronouns (optional), address, telephone number, and Washington State Bar Association membership number of attorney) [Adopted effective July 1, 1976; Amended effective September 1, 1994; September 1, 2021; June 27, 2023.]

citation: RAP RAP FORM18

rule_number: RAP FORM18