title: Decisions Reviewed as a Matter of Discretion

text: RAP 13.3 DECISIONS REVIEWED AS A MATTER OF DISCRETION (a) What May Be Reviewed. A party may seek discretionary review by the Supreme Court of any decision of the Court of Appeals which is not a ruling including: (1) Decision Terminating Review. Any decision terminating review. (2) Interlocutory Decision. Subject to the restrictions imposed by rule 13.5(b), any interlocutory decision, including but not limited to (i) a decision denying a motion to modify a ruling of the commissioner or clerk which denies a motion for discretionary review, and (ii) if the clerk refers a motion for discretionary review to the court, a decision by the court which denies a motion for discretionary review. (b) Decision Terminating Review. A party seeking review of a Court of Appeals decision terminating review may first file a motion for reconsideration under rule 12.4 and must file a "petition for review" or an "answer" to a petition for review as provided in rule 13.4. (c) Interlocutory Decision. A party seeking review of an interlocutory decision of the Court of Appeals must file a "motion for discretionary review" as provided in rule 13.5. (d) Incorrect Designation of Motion or Petition. A motion for discretionary review of a decision terminating review will be given the same effect as a petition for review. A petition for review of an interlocutory decision will be given the same effect as a motion for discretionary review. (e) Ruling by Commissioner or Clerk. A ruling by a commissioner or clerk of the Court of Appeals is not subject to review by the Supreme Court. The decision of the Court of Appeals on a motion to modify a ruling by the commissioner or clerk may be subject to review as provided in this title. References Rule 12.3, Forms of Decision; Rule 17.3, Content of Motion, (b) Motion for discretionary review. [Adopted effective July 1, 1976; Amended effective June 7, 1979; September 1, 1994.]

citation: RAP RAP 13.3


doc_type: court-rule

jurisdiction: wa

title: Discretionary Review of Decision Terminating Review

text:
RAP 13.4 DISCRETIONARY REVIEW OF DECISION TERMINATING REVIEW (a) How to Seek Review. A party seeking discretionary review by the Supreme Court of a Court of Appeals decision terminating review must serve on all other parties and file a petition for review or an answer to the petition that raises new issues. A petition for review should be filed in the Court of Appeals. If no motion to publish or motion to reconsider all or part of the Court of Appeals decision is timely made, a petition for review must be filed within 30 days after the decision is filed. If such a motion is made, the petition for review must be filed within 30 days after an order is filed denying a timely motion for reconsideration or determining a timely motion to publish. If the petition for review is filed prior to the Court of Appeals determination on the motion to reconsider or on a motion to publish, the petition will not be forwarded to the Supreme Court until the Court of Appeals files an order on all such motions. The first party to file a petition for review must, at the time the petition is filed, pay the statutory filing fee to the clerk of the Court of Appeals in which the petition is filed. Failure to serve a party with the petition for review or file proof of service does not prejudice the rights of the party seeking review, but may subject the party to a motion by the Clerk of the Supreme Court to dismiss the petition for review if not cured in a timely manner. A party prejudiced by the failure to serve the petition for review or to file proof of service may move in the Supreme Court for appropriate relief. (b) Considerations Governing Acceptance of Review. A petition for review will be accepted by the Supreme Court only: (1) If the decision of the Court of Appeals is in conflict with a decision of the Supreme Court; or (2) If the decision of the Court of Appeals is in conflict with a published decision of the Court of Appeals; or (3) If a significant question of law under the Constitution of the State of Washington or of the United States is involved; or (4) If the petition involves an issue of substantial public interest that should be determined by the Supreme Court. (c) Content and Style of Petition. The petition for review should contain under appropriate headings and in the order here indicated: (1) Cover. A title page, which is the cover. (2) Tables. A table of contents, with page references, and a table of cases (alphabetically arranged), statutes, and other authorities cited, with reference to the pages of the brief where cited. (3) Identity of Petitioner. A statement of the name and designation of the person filing the petition. (4) Citation to Court of Appeals Decision. A reference to the Court of Appeals decision which petitioner wants reviewed, the date of filing the decision, and the date of any order granting or denying a motion for reconsideration. (5) Issues Presented for Review. A concise statement of the issues presented for review. (6) Statement of the Case. A statement of the facts and procedures relevant to the issues presented for review, with appropriate references to the record. (7) Argument. A direct and concise statement of the reason why review should be accepted under one or more of the tests established in section (b), with argument. (8) Conclusion. A short conclusion stating the precise relief sought.

(9) Appendix. An appendix containing a copy of the Court of Appeals decision, any order granting or denying a motion for reconsideration of the decision, and copies of statutes and constitutional provisions relevant to the issues presented for review. (d) Answer and Reply. A party may file an answer to a petition for review. A party filing an answer to a petition for review must serve the answer on all other parties. If the party wants to seek review of any issue that is not raised in the petition for review, including any issues that were raised but not decided in the Court of Appeals, the party must raise those new issues in an answer. Any answer should be filed within 30 days after the service on the party of the petition. A party may file a reply to an answer only if the answering party seeks review of issues not raised in the petition for review. A reply to an answer should be limited to addressing only the new issues raised in the answer. A party filing any reply to an answer must serve the reply to the answer on all other parties. A reply to an answer should be filed within 15 days after the service on the party of the answer. An answer or reply should be filed in the Supreme Court. The Supreme Court may call for an answer or a reply to an answer. (e) Form of Petition, Answer, and Reply. The petition, answer, and reply should comply with the requirements as to form for a brief as provided in rules 10.3, 10.4, and 18.17, except as otherwise provided in this rule. (f) Length. The petition for review, answer, or reply should comply with the length limitations of RAP 18.17. (g) Reproduction of Petition, Answer, and Reply. The clerk will arrange for the reproduction of copies of a petition for review, an answer, or a reply, and bill the appropriate party for the copies as provided in rule 10.5. (h) Amicus Curiae Memoranda. The Supreme Court may grant permission to file an amicus curiae memorandum in support of or opposition to a pending petition for review. Absent a showing of particular justification, an amicus curiae memorandum should be received by the court and counsel of record for the parties and other amicus curiae not later than 60 days from the date the petition for review is filed. Rules 10.4 and 10.6 should govern generally disposition of a motion to file an amicus curiae memorandum. An amicus curiae memorandum or answer thereto should comply with the length limitations of RAP 18.17. (i) No Oral Argument. The Supreme Court will decide the petition without oral argument. References Form 9, Petition for review. [Adopted effective July 1, 1976; Amended effective September 1, 1983; September 1, 1990; September 18, 1992; September 1, 1994; September 1, 1998; September 1, 1999; December 24, 2002; September 1, 2006; September 1, 2009; September 1, 2010; December 8, 2015; September 1, 2016; September 1, 2021.]

license: public-domain-government-work

citation: RAP RAP 13.4

rule_set: RAP


title: Discretionary Review of Interlocutory Decision

text: RAP 13.5 DISCRETIONARY REVIEW OF INTERLOCUTORY DECISION (a) How To Seek Review. A party seeking review by the Supreme Court of an interlocutory decision of the Court of Appeals must file a motion for discretionary review in the Court of Appeals within 30 days after the decision is filed. If the Court of Appeals decision is in the form of an opinion and a motion to publish is timely filed, the motion for discretionary review should be filed within 30 days after an order deciding the motion to publish is filed. If the Court of Appeals decision is subject to a motion for reconsideration under RAP 12.4 and a motion for reconsideration is timely filed, the motion for discretionary review should be filed within 30 days after an order deciding the motion for reconsideration is filed. (b) Considerations Governing Acceptance of Review. Discretionary review of an interlocutory decision of the Court of Appeals will be accepted by the Supreme Court only: (1) If the Court of Appeals has committed an obvious error which would render further proceedings useless; or (2) If the Court of Appeals has committed probable error and the decision of the Court of Appeals substantially alters the status quo or substantially limits the freedom of a party to act; or (3) If the Court of Appeals has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such a departure by a trial court or administrative agency, as to call for the exercise of revisory jurisdiction by the Supreme Court. (c) Motion Procedure. The procedure for and the form of the motion for discretionary review is as provided in Title 17. A motion for discretionary review under this rule, and any response, should comply with the reformatting requirements and length limitations of RAP 18.17. (d) Effect of Denial. Denial of discretionary review of a decision does not affect the right of a party to obtain later review of the Court of Appeals decision or the issues pertaining to that decision. References Form 3, Motion for Discretionary Review. [Adopted effective July 1, 1976; Amended effective September 1, 1990; December 8, 2015; September 1, 2021; October 1, 2024.]

citation: RAP RAP 13.5


title: Motions for Discretionary Review of Specified Final Decisions

text: RULE 13.5A MOTIONS FOR DISCRETIONARY REVIEW OF SPECIFIED FINAL DECISIONS (a) Scope of Rule. This rule governs motions for discretionary review by the Supreme Court of the following decisions of the Court of Appeals: (1) Decisions dismissing or deciding personal restraint petitions, as provided in rule 16.14(c); (2) Decisions dismissing or deciding post-sentence petitions, as provided in rule 16.18(g); (3) Decisions on accelerated review that relate only to a juvenile offense disposition, juvenile dependency, or termination of parental rights, as provided in rule 18.13(e) or 18.13A(j); (4) Decisions on accelerated review that relate only to an adult sentence, as provided in rule 18.15(g). (b) Considerations Governing Acceptance of Review. In ruling on motions for discretionary review pursuant to this rule, the Supreme Court will apply the considerations set out in rule 13.4(b). (c) Procedure. The procedure for motions pursuant to this rule shall be the same as specified in rule 13.5(a) and (c). [Adopted effective September 1, 2006; Amended effective October 21, 2008.]

citation: RAP RAP 13.05A


title: Acceptance of Review

text: RAP 13.6 ACCEPTANCE OF REVIEW The Supreme Court accepts discretionary review of a decision of the Court of Appeals by granting a motion for discretionary review or by granting a petition for review. Upon accepting discretionary review, the Supreme Court may specify the issue or issues as to which review is granted. [Adopted effective July 1, 1976; Amended effective September 1, 1990.]

citation: RAP RAP 13.6


title: Proceedings After Acceptance of Review

text: RAP 13.7 PROCEEDINGS AFTER ACCEPTANCE OF REVIEW (a) Procedure. The procedure in the Supreme Court, after acceptance of review of a decision of the Court of Appeals, is the same as the procedure in the Supreme Court after acceptance of review of a trial court decision, except that (1) the record in the Court of Appeals is the record on review in the Supreme Court, and (2) only the briefs filed in the Court of Appeals and the documents submitted in connection with the motion for discretionary review or petition for review will be considered by the Supreme Court, unless additional briefs are submitted by the parties in accordance with sections (d) and (e) of this rule or are requested by the Supreme Court. (b) Scope of Review. If the Supreme Court accepts review of a Court of Appeals decision, the Supreme Court will review only the questions raised in the motion for discretionary review, if review is sought of an interlocutory decision, or the petition for review and the answer, unless the Supreme Court orders otherwise upon the granting of the motion or petition. The Supreme Court may limit the issues to one or more of those raised by the parties. If the Supreme Court reverses a decision of the Court of Appeals that did not consider all of the issues raised which might support that decision, the Supreme Court will either consider and decide those issues or remand the case to the Court of Appeals to decide those issues. (c) Other Limitations on Scope of Review. The scope of review may be further affected by the circumstances set forth in rule 2.5. (d) Supplemental Briefs, Authorized. Within 30 days after the Supreme Court grants a petition for review or a motion for discretionary review any party may file and serve a supplemental brief in accordance with these rules. No response to a supplemental brief may be filed or served except by leave of the Supreme Court. (e) Supplemental Briefs, Special Requirements. (1) Form. Except as to length, a supplemental brief should conform to rules 10.3, 10.4, and 18.17 should be captioned "supplemental brief of (petitioner/respondent--name of party)." (2) Length. A supplemental brief should comply with the length limitations in RAP 18.17. (3) Filing and Service. A supplemental brief should be filed in the Supreme Court and served in accordance with rule 10.2(h). References Rule 2.5, Circumstances Which May Affect Scope of Review. [Adopted effective July 1, 1976; Amended effective September 1, 1990; September 1, 1994; September 1, 1998; September 1, 2006; September 1, 2021.]

citation: RAP RAP 13.7


title: Costs Generally

text: RAP 14.1 COSTS GENERALLY (a) When Allowed. The appellate court determines costs in all cases after the filing of a decision terminating review, except as provided in rule 18.2 relating to voluntary withdrawal of review. (b) Which Court Determines and Awards Costs. Costs on review are determined and awarded by the appellate court which accepts review and makes the final determination of the case. (c) Who Determines and Awards Costs. If the court determines costs in its opinion or order, a commissioner or clerk will award costs in accordance with that determination. In all other circumstances, a commissioner or clerk determines and awards costs by ruling as provided in rule 14.6(a). A party may object to the ruling of a commissioner or clerk as provided in rule 14.6(b). (d) Who Is Entitled to Costs. Rule 14.2 defines who is entitled to costs. (e) What Expenses Are Allowed as Costs. Rule 14.3 defines the expenses which may be allowed as costs. (f) How Costs Are Claimed--Objections. A party claims costs by filing a cost bill in the manner provided in rule 14.4. A party objects to claimed costs in the manner provided in rule 14.5. References Rule 18.1, Attorney Fees and Expenses. [Adopted effective July 1, 1976.]

citation: RAP RAP 14.1


title: Who Is Entitled to Costs

text: RAP 14.2 WHO IS ENTITLED TO COSTS A commissioner or clerk of the appellate court will award costs to the party that substantially prevails on review, unless the appellate court directs otherwise in its decision terminating review, or unless the commissioner or clerk determines an adult offender does not have the current or likely future ability to pay such costs. When the trial court has entered an order that an offender is indigent for purposes of appeal, that finding of indigency remains in effect, pursuant to RAP 15.2(f), unless the commissioner or clerk determines by a preponderance of the evidence that the offender’s financial circumstances have significantly improved since the last determination of indigency. The commissioner or clerk may consider any evidence offered to determine the individual’s current or future ability to pay. If there is no substantially prevailing party on review, the commissioner or clerk will not award costs to any party. An award of costs will specify the party who must pay the award. In a criminal case involving an indigent adult offender, an award of costs will apportion the money owed between the county and the State. A party who is a nominal party only will not be awarded costs and will not be required to pay costs. A "nominal party" is one who is named but has no real interest in the controversy. [Adopted effective July 1, 1976; Amended effective September 1, 1998; January 31, 2017; January 2, 2018.]

citation: RAP RAP 14.2


title: Expenses Allowed as Costs

text: RAP 14.3 EXPENSES ALLOWED AS COSTS (a) Generally. Only statutory attorney fees and the reasonable expenses actually incurred by a party for the following items that were reasonably necessary for review may be awarded to a party as costs: (1) preparation of the original and one copy of the report of proceedings, (2) copies of the clerk's papers, (3) transmittal of the record on review, (4) expenses incurred in superseding the decision of the trial court, but not ordinarily greater than the usual cost of a commercial surety bond, (5) the charges of the clerk for reproduction of briefs, petitions, and motions, (6) the filing fee, and (7) such other sums as provided by statute. If a party has incurred an expense for one of the designated items, the item is presumed to have been reasonably necessary for review, which presumption is rebuttable. The amount paid by a party for the designated item is presumed reasonable, which presumption is rebuttable. (b) Special Rule for Indigent Review. An Indigent may not recover costs from the State for expenses paid with public funds as provided in Title 15. The clerk or commissioner will claim costs due from other parties that reimburse the State for expenses paid with public funds as provided in Title 15. References Rule 18.1, Attorney Fees and Expenses; RCW 4.84.080(2), Schedule of Attorneys’ Fees. [Adopted effective July 1, 1976; Amended effective July 2, 1976; September 1, 1985; September 1, 1994; September 1, 2010; June 27, 2023.]

citation: RAP RAP 14.3


title: Cost Bill

text: RAP 14.4 COST BILL (a) Generally. Except as provided in sections (b) and (c), a party seeking costs on review must file a cost bill with the appellate court and serve a copy of the cost bill on all parties within 10 days after the filing of an appellate court decision terminating review. If a party seeks costs for an expense incurred after the time to file a cost bill has expired, that party must serve on all parties and file a supplemental cost bill with the appellate court within 10 days after the expense was incurred. If a decision terminating review is modified to the extent that a different party is entitled to costs, the party seeking costs must file a cost bill with the appellate court and serve a copy of the cost bill on all parties within 10 days after the filing of the decision which modifies the original decision terminating review. (b) When Costs Abide Final Result and There Is No Second Review. If the costs on review are to abide the final determination in the trial court and that final determination is not reviewed by the appellate court, a party seeking costs must, within 30 days after the time to seek review of the trial court decision has expired, file with the appellate court and serve on each party: (1) a cost bill for costs on review, or if a cost bill was filed for the earlier review, a copy of the cost bill previously filed in the appellate court, (2) a copy of the final determination of the trial court, and (3) an affidavit stating that a notice of appeal or notice for discretionary review of the decision finally determining the case has not been filed. (c) When Costs Abide Final Result and There Is a Second Review. If the costs on review are to abide the final determination of the case by the trial court and that final determination is reviewed by the appellate court, the costs of the earlier review will be taxed at the same time the costs of the later review are taxed. A party seeking costs of the earlier review must file (1) a cost bill for costs on the earlier review or, if a cost bill was filed for the earlier review, a copy of the cost bill for the earlier review, and (2) a cost bill for the later review. References Form 10, Cost Bill; Rule 12.5, Mandate. [Adopted effective July 1, 1976; Amended effective January 1, 1977.]

citation: RAP RAP 14.4


title: Objections to Cost Bill

text: RAP 14.5 OBJECTIONS TO COST BILL A party may object to items in the cost bill of another party by serving on all parties and filing with the appellate court objections to the cost bill within 10 days after service of the cost bill upon the party. References Form 11, Objections to Cost Bill. [Adopted effective July 1, 1976.]

citation: RAP RAP 14.5


title: Award of Costs

text: RAP 14.6 AWARD OF COSTS (a) Commissioner or Clerk Awards Costs. A commissioner or the clerk will determine costs within 10 days after the time has expired for filing objections to the cost bill. The commissioner or clerk will notify the parties of the ruling on costs. (b) Objection to Ruling. A party may only object to the ruling on costs by motion to the appellate court in the same manner and within the same time as provided for objections to any other rulings of a commissioner or clerk as provided in rule 17.7. (c) Transmitting Costs. The commissioner or clerk will award costs in the mandate or the certificate of finality or in a post-mandate ruling or order. An award of costs may be enforced as part of the judgment in the trial court. References Rule 12.7, Finality of Decision, (c) Special rule for costs. [Adopted effective July 1, 1976; Amended effective September 1, 1998; December 24, 2002.]

citation: RAP RAP 14.6


title: Procedures to Which Title Applies

text: RAP 15.1 PROCEDURES TO WHICH TITLE APPLIES The rules in this title define the procedure to be used (1) to determine indigency and to determine the expenses of an indigent party to review what will be paid from public funds as provided in rule 15.2, (2) to obtain a waiver of charges imposed by the court as provided in rule 15.3, (3) to claim payment from public funds for services rendered to an indigent party to review as provided in rule 15.4, (4) to allow claims for expense as provided in rule 15.5, and (5) to recover public funds expended on behalf of an indigent as provided in rule 15.6. The rules in this title apply to all proceedings in the appellate court, except the rules apply to personal restraint petitions only to the extent defined in rule 16.15(g) and (h). [Amended effective July 1, 1976; Amended effective September 1, 2010.]

citation: RAP RAP 15.1


title: Determination of Indigency and Rights of Indigent Party

text:
RAP 15.2 DETERMINATION OF INDIGENCY AND RIGHTS OF INDIGENT PARTY CURRENTNESS (a) Motion for Order of Indigency. A party seeking review in the Court of Appeals or the Supreme Court partially or wholly at public expense must move in the trial court for an order of indigency. The party shall submit a Motion for Order of Indigency, in the form prescribed by the Office of Public Defense. (b) Action by the Trial Court. The trial court shall determine the indigency, if any, of the party seeking review at public expense. The determination shall be made in written findings after a hearing, if circumstances warrant, or by reevaluating any order of indigency previously entered by the trial court. The court: (1) shall grant the motion for an order of indigency if the party seeking public funds is unable by reason of poverty to pay for all or some of the expenses for appellate review of: (A) criminal prosecutions or juvenile offense proceedings meeting the requirements of RCW 10.73.150. (B) dependency and termination cases under RCW 13.34, (C) commitment proceedings under chapters 71.05 and 71.09 RCW, (D) civil contempt cases directing incarceration of the contemner, (E) orders denying petitions for writ of habeas corpus under chapter 7.36 RCW, including attorneys' fees upon a showing of extraordinary circumstances, and (F) any other case in which the party has a constitutional or statutory right to counsel at all stages of the proceedings; or (2) shall deny the motion for an order of indigency if a party has adequate means to pay all of the expenses of review or if the case is not one of the case types listed in subsection (b)(1). If the motion was denied because the party has adequate means to pay, the order denying the motion for an order of indigency shall contain findings designating the funds or source of funds available to the party to pay all of the expenses of review. (c) Order of Indigency. An order of indigency shall designate the items of expense that are to be paid with public funds and, where appropriate, the items of expense to be paid by a party or the amount that the party must contribute toward the expense of review. The order shall designate the extent to which public funds are to be used for payment of the expense of the record on review, limited to those parts of the record reasonably necessary to review issues argued in good faith. The order of indigency must be transmitted to the appellate court as a part of the record on review. (d) Continued Indigency Presumed. A party and counsel for the party who has been granted an order of indigency must bring to the attention of the appellate court any significant improvement during review in the financial condition of the party. The appellate court will give a party the benefits of an order of indigency throughout the review unless the appellate court finds the party's financial condition has improved to the extent that the party is no longer indigent.

(e) Appointment and Withdrawal of Counsel in Appellate Court. The appellate court shall determine questions relating to the appointment and withdrawal of counsel for an indigent party on review. The Office of Public Defense shall, in accordance with its indigent appellate representation policies, provide the names of indigent appellate counsel to the appellate courts on a case-by-case basis. If trial counsel is not appointed, trial counsel must assist counsel appointed for review in preparing the record. (f) Review of Order of Indigency. A party in a case of a type listed in subsection (b)(1) of this rule may seek review of an order of indigency or an order denying an order of indigency entered by a trial court. A party may object to an indigency decision of the trial court by motion in appellate court. (g) Withdrawal of Counsel in Appellate Court. If counsel 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 as provided in rule 18.3(a). References Form 12, Order of Indegency; Rule 2.3, Decisions of the Trial Court Which May Be Reviewed by Discretionary Review. [Adopted effective July 1, 1976; Amended effective July 2, 1976; July 1, 1978; January 1, 1980; September 1, 1994; June 1, 1999; December 28, 1999; December 24, 2002; September 9, 2004 July 1, 2005; January 3, 2006; September 1, 2010; January 31, 2017; September 1, 2017; September 1, 2018; May 2, 2023.]

citation: RAP RAP 15.2


title: Payment of Charges for Reproducing Briefs

text: RAP 15.3 PAYMENT FOR CHARGES FOR REPRODUCING BRIEFS The appellate court will submit charges for reproducing briefs and other papers to the Office of Public Defense to the extent authorized by the order of indigency. [Adopted effective July 1, 1976; Amended effective May 29, 2001.]

citation: RAP RAP 15.3


title: Claim for Payment of Expense for Indigent Party

text:
RAP 15.4 CLAIM FOR PAYMENT OF EXPENSE FOR INDIGENT PARTY (a) Conditions for Payment. The expenses for an indigent party which are necessarily incident to review by an appellate court will be paid from public funds only if: (1) An order of indigency is included in the record on review; and (2) An order properly authorizes the expense claimed; and (3) The claim is made by filing an invoice in the form and manner provided by this rule and procedures established by the Office of Public Defense. The invoice of a court reporter may be submitted as soon as the report of proceedings has been filed by the court reporter. The invoice of a superior court clerk may be submitted as soon as the expense has been incurred. Invoices of counsel, court reporters, and superior court clerks must be filed within 20 days after the filing of the decision terminating review or 30 days after the denial of reconsideration, whichever is later. (b) [Reserved.] (c) Invoice of Counsel. An invoice submitted by counsel representing an indigent party should be titled "Invoice of Counsel for Indigent Party." All invoices shall be submitted and certified in a form and manner consistent with policies adopted and published by the Office of Public Defense. (1) The invoice must include a copy of the brief, a statement of the number of hours spent by counsel preparing the review, the amount of compensation claimed, and the reasonable expenses excluding normal overhead incurred by counsel for the review including travel expenses of counsel incurred for argument in the appellate court. Travel expenses may not exceed the amount allowable to state employees for travel by private vehicle. The invoice must include an affidavit of counsel stating that the items listed are correct charges for necessary services rendered and expenses incurred for proper consideration of the review. (2) Providers who are under contract shall submit invoices in accordance with the terms of their contract. (d) Invoice of Court Reporter or Authorized Transcriptionist. (1) An invoice submitted by the court reporter or authorized transcriptionist should be titled "Invoice of Court Reporter or Authorized Transcriptionist--Indigent Case." The invoice must state the number of pages transcribed and the billing rate per page. The billing rate must be at the rate per page or line page equivalent set by the Supreme Court for the original and one copy of that portion of the report of proceedings ordered by the superior court. Additional copies which have been authorized and ordered from the reporter or authorized transcriptionist must be charged for as though reproduced by the most economical method available to the reporter or authorized transcriptionist. (e) Invoice of Superior Court Clerk. An invoice submitted by the superior court clerk should be titled "Invoice of Superior Court Clerk--Indigent Case." The invoice must itemize the clerk's charges for the preparation of the record ordered by counsel for the indigent or the trial court and list the actual expenses of the clerk for transmittal of those portions of the record. The superior court clerk shall certify the clerk's invoice as follows: I hereby certify that the items listed in this invoice are correct charges for the preparation of those portions of the record ordered by counsel or the trial court and for the actual expense of

transmittal of those portions of the record. [Adopted effective July 1, 1976; Amended effective September 1, 1984; September 21, 1990; September 1, 1994; June 6, 1996; May 29, 2001; November 25, 2003; December 8, 2015; September 1, 2018.]

citation: RAP RAP 15.4


title: Allowance of Claim for Payment of Expense for Indigent Party

text: RAP 15.5 ALLOWANCE OF CLAIM FOR PAYMENT OF EXPENSE FOR INDIGENT PARTY (a) Allowance Generally. The director of the Office of Public Defense determines all claims for expense. The director will allow or disallow all or part of the claimed expense within 15 days, excluding weekends and legal holidays, after the invoice has been filed in the Office of Public Defense. The director will notify the claimant of the decision. A claimant may object to the decision of the director by letter to the Office of Public Defense Advisory Committee not later than 30 days after the director's decision; and the Committee's decision is final. (b) Disallowance of Claim. If a brief is unnecessarily long, improper in substance, or not in compliance with these rules, all or a portion of counsel's claim may be disallowed. If the court reporter or counsel has been dilatory, all or a portion of the claim of the court reporter or the claim of counsel may be disallowed. [Adopted effective July 1, 1976; Amended July 2, 1996; May 29, 2001; September 1, 2010.]

citation: RAP RAP 15.5


title: Recovery of Public Funds

text: RAP 15.6 RECOVERY OF PUBLIC FUNDS If a case on review is returned to the trial court for further proceedings and the case involves a claim for a money judgment for the party on whose behalf public funds have been expended, the Clerk of the Supreme Court will indicate the amount of public funds expended on behalf of the party in the mandate or in a supplemental judgment. The amount indicated in the mandate and supplemental judgment is a lien on any settlement or judgment obtained by the party on whose behalf public funds have been expended. This lien must be satisfied prior to the payment of any other amounts to the party. If a judgment is entered, the judgment should reflect the lien imposed by this rule. The amount of the lien must be paid to the clerk of the superior court. The clerk of the superior court shall forward all funds recovered to the director of the Office of Public Defense, who will credit these funds to the Indigent Appeal Allotment. References Rule 14.3, Expenses Allowed as Costs, (c) Special rule for indigent review. [Adopted effective July 1, 1976; Amended July 2, 1976; July 2, 1996.]

citation: RAP RAP 15.6


title: Proceedings to Which Title Applies

text: RAP 16.1 PROCEEDINGS TO WHICH TITLE APPLIES (a) Generally. The rules in this title establish the procedure for original actions in the Supreme Court and in the Court of Appeals, and the procedure for determining questions of law certified by a federal court. (b) Original Actions in Supreme Court Against State Officers. Rule 16.2 defines the procedure for petitions against state officers for writs of mandamus, prohibition, quo warranto, and similar writs, but only when the proceeding is started for the first time in the Supreme Court. (c) Original Actions in the Appellate Court--Personal Restraint Petition. Rules 16.3 through 16.15 define the procedure for a personal restraint petition, but only when the proceeding is started for the first time in the appellate court. (d) Questions Certified by Federal Court. Rule 16.16 defines the procedure for determining questions of law certified by a federal court. (e) Review of Decision of the Court of Appeals. Except as provided in rule 16.14, a Court of Appeals decision in a special proceeding is subject to review by the Supreme Court only by discretionary review as provided in Title 13. (f) Removal of Public Officer. Proceedings to remove a public officer are governed by statute and not these rules. (g) Review of Sentence. Rule 16.18 defines the procedure for reviewing a sentence committing an offender to the Department of Corrections, when an error of law is asserted by the Department. (h) Capital Cases. Rules 16.19 through 16.27 define the procedure for appeals and original actions in which the death penalty has been decreed. [Adopted effective July 1, 1976; Amended effective September 1, 1992; December 30, 1997.]

citation: RAP RAP 16.1


title: Original Action Against State Officer

text: RAP 16.2 ORIGINAL ACTION AGAINST STATE OFFICER (a) Generally. The Supreme Court and the superior court have concurrent original jurisdiction of a petition against a state officer in the nature of quo warranto, prohibition, or mandamus. This rule applies only to an action originating in the Supreme Court. (b) Initiating Proceeding. The proceeding is initiated by filing the petition in the Supreme Court and filing proof of service of the petition on the proper parties. Service of the petition must be made as provided in the Superior Court Civil Rules and statutes for service of a summons in a superior court action. The clerk of the Supreme Court will note the petition for hearing and provide notice to the parties. (c) Motion Procedure Governs. The petition is treated by the Supreme Court as a motion to a commissioner or clerk. Title 17 relating to motions governs the response to the petition, oral argument, decisions by ruling, and the means of objecting to the ruling of the commissioner or clerk. (d) Decisions Made by Commissioner or Clerk. A commissioner or clerk will, at the hearing, determine if the petition should be decided by the Supreme Court, transferred, or dismissed. If the commissioner or clerk decides that the petition should be transferred, the petition will be transferred to a superior court for determination on the merits. If the petition is not transferred or dismissed, the commissioner or clerk will refer questions of fact to a master or to the superior court unless an agreed and adequate written statement of facts is approved by the parties prior to or at the hearing. The commissioner or clerk will also determine the timing of all remaining steps in the proceeding, including time for filing briefs on the merits. (e) Procedure if Petition Is Not Transferred. The procedure if the petition is not transferred is the same as the procedure in the Supreme Court after acceptance of review of a trial court decision, except as otherwise directed by a ruling of the commissioner or clerk as provided in section (d). (f) Statutory Time Limits Govern. If a statute provides a time within which a petition against a state officer in the nature of quo warranto, prohibition, or mandamus must be filed, the petition must be filed in the Supreme Court within the time period established by the statute. (g) Costs. Costs are determined and awarded as provided in Title 14. The appellate court will award costs by supplemental judgment and will, on motion, transmit the judgment to the clerk of the superior court in the county selected by the party who is awarded costs. The supplemental judgment to the superior court shall be filed as a judgment in that court without payment of a filing fee. References Form 16, Petition Against State Officer; Const. art. 4, § 4; CR 4, Process, (d) Service; RCW 4.28, Commencement of Actions; RCW 7.16, Certiorari, Mandamus and Prohibition; RCW 7.56, Quo Warranto. [Adopted effective July 1, 1976; Amended effective September 1, 1985; September 1, 2014.]

citation: RAP RAP 16.2


title: Personal Restraint Petition--Generally

text: RAP 16.3 PERSONAL RESTRAINT PETITION—GENERALLY (a) Procedure for Relief from Restraint. Rules 16.3 through 16.15 and rules 16.24 through 16.27 establish a single procedure for proceedings in the appellate court to obtain relief from restraint. (b) Former Procedure Superseded. The procedure established by rules 16.3 through 16.15 and rules 16.24 through 16.27 for a personal restraint petition supersedes the appellate procedure formerly available for a petition for writ of habeas corpus and for an application for postconviction relief, unless one of these rules specifically indicates to the contrary. These rules do not supersede and do not apply to habeas corpus proceedings initiated in the superior court. (c) Jurisdiction. The Supreme Court and the Court of Appeals have original concurrent jurisdiction in personal restraint petition proceedings in which the death penalty has not been decreed. The Supreme Court will ordinarily exercise its jurisdiction by transferring the petition to the Court of Appeals. The Supreme Court has exclusive original jurisdiction in personal restraint proceedings in which the petitioner is under a sentence of death. References RCW 7.36, Habeas Corpus. [Adopted effective July 1, 1976; Amended effective December 30, 1997; September 1, 2014.]

citation: RAP RAP 16.3


title: Personal Restraint Petition--Grounds for Remedy

text: RAP 16.4 PERSONAL RESTRAINT PETITION—GROUNDS FOR REMEDY (a) Generally. Except as restricted by section (d), the appellate court will grant appropriate relief to a petitioner if the petitioner is under a "restraint" as defined in section (b) and the petitioner’s restraint is unlawful for one or more of the reasons defined in section (c). (b) Restraint. A petitioner is under a "restraint" if the petitioner has limited freedom because of a court decision in a civil or criminal proceeding, the petitioner is confined, the petitioner is subject to imminent confinement, or the petitioner is under some other disability resulting from a judgment or sentence in a criminal case. (c) Unlawful Nature of Restraint. The restraint must be unlawful for one or more of the following reasons: (1) The decision in a civil or criminal proceeding was entered without jurisdiction over the person of the petitioner or the subject matter; or (2) The conviction was obtained or the sentence or other order entered in a criminal proceeding or civil proceeding instituted by the state or local government was imposed or entered in violation of the Constitution of the United States or the Constitution or laws of the State of Washington; or (3) Material facts exist which have not been previously presented and heard, which in the interest of justice require vacation of the conviction, sentence, or other order entered in a criminal proceeding or civil proceeding instituted by the state or local government; or (4) There has been a significant change in the law, whether substantive or procedural, which is material to the conviction, sentence, or other order entered in a criminal proceeding or civil proceeding instituted by the state or local government, and sufficient reasons exist to require retroactive application of the changed legal standard; or (5) Other grounds exist for a collateral attack upon a judgment in a criminal proceeding or civil proceeding instituted by the state or local government; or (6) The conditions or manner of the restraint of petitioner are in violation of the Constitution of the United States or the Constitution or laws of the State of Washington; or (7) Other grounds exist to challenge the legality of the restraint of petitioner. (d) Restrictions. The appellate court will only grant relief by a personal restraint petition if other remedies which may be available to petitioner are inadequate under the circumstances and if such relief may be granted under RCW 10.73.090, or .100. No more than one petition for similar relief on behalf of the same petitioner will be entertained without good cause shown. References RCW 7.36, Habeas Corpus. [Adopted effective July 1, 1976; Amended effective July 2, 1976; September 1, 1991; September 1, 2014.]

citation: RAP RAP 16.4


title: Personal Restraint Petition--Where To Seek Relief

text: RAP 16.5 PERSONAL RESTRAINT PETITION—WHERE TO SEEK RELIEF (a) Court of Appeals. A personal restraint petition should be filed in the Court of Appeals, unless the petition is subject to subsection (b). A petition seeking review of a pretrial detention order under RCW 10.21.040 shall be filed in the Court of Appeals. (b) Supreme Court. A personal restraint petition filed by a person under sentence of death shall be filed in the Supreme Court. See RAP 16.3(c). (c) A personal restraint petition may be transferred by the court in which it is filed. The transfer of a personal restraint petition between the Supreme Court and the Court of Appeals shall not be subject to a motion to reconsider or, if the transfer is ordered by the clerk of the court, a motion to modify. (d) If a petition filed in the Supreme Court is not transferred to the Court of Appeals, or has been transferred from the Court of Appeals to the Supreme Court, the determinations ordinarily made by the “Chief Judge” under rules 16.11 and 16.13 may be made by a commissioner. References RCW 7.36, Habeas Corpus. [Adopted effective July 1, 1976; Amended effective April 16, 2002; September 1, 2014; November 28, 2023.]

citation: RAP RAP 16.5


title: Personal Restraint Petition--Parties

text: RAP 16.6 PERSONAL RESTRAINT PETITION--PARTIES (a) Parties. If petitioner is under a restraint imposed by the state or local government, the petition should be captioned only with the name of the petitioner. If petitioner is not under a restraint imposed by the state or local government, the petition should be captioned with the name of the petitioner and the name of the person or agency restraining petitioner’s liberty, as respondent. The petition may be brought by the person who is under a restraint or in the person’s name by that person’s guardian, conservator, parent, or attorney. (b) Respondent--Restraint by Government. If petitioner is under a restraint imposed by the state or local government, the officer or agency responsible for the proceeding against petitioner at the time petitioner claims the proceeding was defective or improper shall respond to the petition. If there are two or more proper respondents, each shall serve and file a separate response unless they agree to joint representation and notify the appellate court and the petitioner of that agreement. (c) Change of Respondent. If the petitioner is under a restraint imposed by the state or local government, the appellate court may on its own initiative or on motion substitute the proper respondent, and the clerk of the court will notify substituted respondent. [Adopted effective July 1, 1976.]

citation: RAP RAP 16.6


title: Personal Restraint Petition--Form of Petition

text:
RAP 16.7 PERSONAL RESTRAINT PETITION—FORM OF PETITION (a) Generally. Under the titles indicated, the petition should set forth: (1) Status of Petitioner. The restraint on petitioner; the place where petitioner is held in custody and anticipated release date, if confined; the judgment, sentence, or other order or authority upon which petitioners restraint is based, identified by date of entry, court, and cause number; any appeals taken from that judgment, sentence or order; and a statement of each other petition or collateral attack as that term is defined in RCW 10.73.090, whether filed in federal court or state court, filed with regard to the same allegedly unlawful restraint, identified by the date filed, the court, the disposition made by the court, and the date of disposition. (2) Grounds for Relief. A statement of (i) the facts upon which the claim of unlawful restraint of petitioner is based and the evidence available to support the factual allegations, and (ii) why the petitioners restraint is unlawful for one or more of the reasons specified in rule 16.4(c). Legal argument and authorities may be included in the petition, or submitted in a separate brief as provided in rule 16.10(a). (3) Citations to Court Documents. If some of the evidence supporting the factual allegations is contained in the files of a trial or appellate court, the petition should identify the documents needed for review and the case numbers under which they can be found. The appellate court may order that any court documents identified for review be transferred or transmitted to the court. (4) Statement of Finances. If petitioner is unable to pay the filing fee or fees of counsel, a request should be included for waiver of the filing fee and for the appointment of counsel at public expense. The request should be supported by a statement of petitioner’s total assets and liabilities. (5) Request for Relief. The relief petitioner wants. (6) Oath. The petition must be signed by the petitioner or his attorney and verified under penalty of perjury. The verification may be in the following form: I declare under penalty of perjury under the laws of the State of Washington that I am the petitioner, that I have read the petition, know its contents, and I believe the petition is true. [or] I declare under penalty of perjury under the laws of the State of Washington that I am the attorney for the petitioner, that I have read the petition, know its contents, and I believe the petition is true. [Signature]

_______________________ Signed this

[date] at

_____ [place].

If a petition is filed that is not verified, the appellate court will return the petition for verification. (7) Verification. In all cases where the restraint is the result of a criminal proceeding and the petition is prepared by the petitioner’s attorney, the petitioner must file with the court no later than 30 days after the petition was received by the court a document that substantially complies with the following form:

I declare that I have received a copy of the petition prepared by my attorney and that I consent to the petition being filed on my behalf. Dated this

[date]

[Signature] If the petitioner has been declared incompetent, the verification may be filed by the guardian ad litem. If a petition has been filed to determine competency, the verification procedure shall be tolled until competency is determined. (b) Standard Form. The clerk of the appellate court will make the standard form of petition available to persons who are confined in state institutions and to others who may request the form. (c) Length of Petition. The petition should comply with the length limitations in RAP 18.17. References Form 17, Personal Restraint Petition. [Adopted effective July 1, 1976; Amended effective December 30, 1997; September 1, 2006; September 1, 2010; September 1, 2014; September 1, 2021; October 1, 2024.]

citation: RAP RAP 16.7


title: Personal Restraint Petition--Filing and Service

text: RAP 16.8 PERSONAL RESTRAINT PETITION—FILING AND SERVICE (a) Filing Fee. A personal restraint petition will be filed by the clerk of the appellate court only if the statutory filing fee is paid, unless the appellate court determines that the petitioner is indigent or the case is transferred from Superior Court under CrR 7.8. The statute governing payment of a fee for filing a petition for writ of habeas corpus is controlling. (b) Filing in Court of Appeals. A personal restraint petition filed in the Court of Appeals must be filed in the division that includes the superior court entering the decision on the basis of which petitioner is held in custody or, if petitioner is not being held in custody on the basis of a decision, in the division in which the petitioner is located. (c) Deficient Petitions. If the clerk of the appellate court determines that a petition submitted does not conform with this rule or with rule 16.7(a)(1), (3), (4), (5), (6), or (7), the petition should be filed and the clerk will direct the petitioner to correct the deficiency within 60 days. (d) Service of Petition. If petitioner’s restraint is imposed by the state or local government, the clerk of the appellate court will reproduce a copy of the petition and serve the petition on the officer or agency under a duty to respond to the petition. If petitioner’s restraint is imposed by a person or agency other than the state or local government, the petitioner must prepare and serve a copy of the petition on the proper respondent. (e) Amendment of Petition. The appellate court may allow a petition to be amended. All amendments raising new grounds are subject to the time limitation provided in RCW 10.73.090 and 10.73.100. References RCW 2.32.070, Fees--Supreme Court clerk, clerks of Court of Appeals. [Adopted effective July 1, 1976; Amended effective September 1, 2014; June 27, 2023.]

citation: RAP RAP 16.8


title: Personal Restraint Petition-Preliminary Review by Court

text: RAP 16.8.1 PERSONAL RESTRAINT PETITION—PRELIMINARY REVIEW BY COURT (a) Preliminary Review. Upon receipt of the petition, the appellate court will conduct a preliminary review. (b) Dismissal without Response. The appellate court will dismiss the petition without requesting a response if it is clearly frivolous or clearly barred by RCW 10.73.090 or RAP 16.4(d). (c) Remand to Superior Court. If the petition was originally filed as a habeas corpus petition or a motion under CrR 7.8 and the superior court clearly erred in transferring the matter to the Court of Appeals, the Court of Appeals will remand the matter to the superior court. If a case is remanded pursuant to this subsection, no filing fee will be required in the Court of Appeals. (d) Request for Response. If the appellate court does not dismiss or remand the petition, the court will request that a response be filed. [Adopted effective September 1, 2014.]

citation: RAP RAP 16.8.1


title: Personal Restraint Petition--Response to Petition

text: RAP 16.9 PERSONAL RESTRAINT PETITION—RESPONSE TO PETITION (a) Generally. The respondent must serve and file any response within 60 days after the court requests that a response be filed, unless the time is extended by the commissioner or clerk for good cause shown. The response must answer the allegations in the petition. The response must state the authority for the restraint of petitioner by respondent and, if the authority is in writing, include a conformed copy of the writing. If an allegation in the petition can be answered by reference to a record of another proceeding, the response should so indicate and include a copy of those parts of the record that are relevant. Respondent should also identify in the response all material disputed questions of fact. (b) Requirement To Admit or Deny. After the time for filing a response has passed, the appellate court may direct the respondent to admit or deny specific allegations. (c) Length of Response. The response should comply with the same length limitations for personal restraint petitions in RAP 18.17. [Adopted effective July 1, 1976; Amended effective September 1, 1998; April 16, 2002; September 1, 2006; September 1, 2014; September 1, 2022.]

citation: RAP RAP 16.9


title: Personal Restraint Petition--Briefs

text: RAP 16.10 PERSONAL RESTRAINT PETITION—BRIEFS (a) Briefs Allowed. The following briefs may be, but need not be, filed: (1) Petitioner's Opening Brief. Petitioner’s opening brief, which should be filed with the petition. (2) Petitioner's Reply Brief. Petitioner’s reply brief, which should be filed within 30 days after the answering brief is served on petitioner. (b) Brief Required. Respondent must file an answering brief within the time the response must be filed. (c) Briefs at Request of Appellate Court. The appellate court may call for additional briefs at any stage of the consideration of the petition. (d) Content, Format and Length and Style of Briefs. The content, format, and length of briefs is governed by rules 10.3, 10.4, and 18.17. (e) Reproduction and Service of Briefs. Briefs must be filed with the clerk of the appellate court. Briefs will be reproduced and served by the clerk. [Adopted effective July 1, 1976; Amended effective September 1, 1990; September 1, 1998; September 1, 2021.]

citation: RAP RAP 16.10


title: Personal Restraint Petition--Consideration of Petition

text: RAP 16.11 PERSONAL RESTRAINT PETITION—CONSIDERATION OF PETITION (a) Generally. The Chief Judge will consider the petition promptly after the time has expired to file petitioner’s reply brief. The Chief Judge determines at the initial consideration if the petition will be retained by the appellate court for determination on the merits or transferred to a superior court for determination on the merits or for a reference hearing. Review of a detention order issued pursuant to RCW 10.21.040 shall be expedited. For the purpose of rules in this Title 16, “Chief Judge” includes “Acting Chief Judge.” (b) Determination by Appellate Court. The Chief Judge determines at the initial consideration of the petition the steps necessary to properly decide on the merits the issues raised by the petition. If, after consideration of the response and any reply, the Chief Judge determines that the issues presented are frivolous, the Chief Judge will dismiss the petition. If the petition is not frivolous and can be determined solely on the record, the Chief Judge will refer the petition to a panel of judges for determination on the merits. If the petition cannot be determined solely on the record, the Chief Judge will transfer the petition to a superior court for a determination on the merits or for a reference hearing. If a petitioner is subject to a pretrial detention order, the hearing must be expedited pursuant to RCW 10.21.040. The Chief Judge may enter other orders necessary to obtain a prompt determination of the petition on the merits. (c) Oral Argument. Decisions of the Chief Judge will be made without oral argument. If a petition is to be decided on the merits by a panel of judges, the appellate court clerk will set the petition for consideration by the panel of judges, with or without oral argument. If oral argument is directed, the clerk will notify the parties of the date set for oral argument. [Adopted effective July 1, 1976; Amended effective January 1, 1977; September 1, 1998; September 1, 2014; November 28, 2023.]

citation: RAP RAP 16.11


title: Personal Restraint Petition--Superior Court Hearing

text: RAP 16.12 PERSONAL RESTRAINT PETITION—SUPERIOR COURT HEARING If the appellate court transfers the petition to a superior court, the transfer will be to the superior court for the county in which the decision was made resulting in the restraint of petitioner or, if petitioner is not being restrained on the basis of a decision, in the superior court in the county in which petitioner is located. If the respondent is represented by the Attorney General, the prosecuting attorney, or a municipal attorney, respondent must take steps to obtain a prompt evidentiary hearing and must serve notice of the date set for hearing on all other parties. The parties, on motion, will be granted reasonable pretrial discovery. Each party has the right to subpoena witnesses. The hearing shall be held before a judge who was not involved in the challenged proceeding. The petitioner has the right to be present at the hearing, the right to cross-examine adverse witnesses, and the right to counsel to the extent authorized by statute. The Rules of Evidence apply at the hearing. Upon the conclusion of the hearing, if the case has been transferred for a reference hearing, the superior court shall enter findings of fact and have the findings and all appellate court files forwarded to the appellate court. Upon the conclusion of the hearing if the case has been transferred for a determination on the merits, the superior court shall enter findings of fact and conclusions of law and an order deciding the petition. [Adopted effective July 1, 1976; Amended effective January 1, 1977; September 1, 2014.]

citation: RAP RAP 16.12


title: Personal Restraint Petition--Procedure After Reference Hearing

text: RAP 16.13 PERSONAL RESTRAINT PETITION—PROCEDURE AFTER REFERENCE HEARING After a reference hearing and the findings of fact and appellate court files have been returned to the appellate court, the Chief Judge will dismiss the petition if the issues presented are frivolous. If the petition is not frivolous, the Chief Judge will refer the petition to a panel of judges for determination on the merits. Review of a detention order issued pursuant to RCW 10.21.040 shall be expedited. The appellate court may, on motion of a party, order the preparation of and transmittal to the appellate court of a part or all of the record of the reference proceeding. The appellate court order will define at whose expense the record is prepared. The record will be prepared at public expense where the petitioner is indigent, as set forth in rule 16.15(h). Oral argument is governed by rule 16.11(c). [Adopted effective July 1, 1976; Amended effective July 2, 1976; September 1, 2014; November 28, 2023.]

citation: RAP RAP 16.13


title: Personal Restraint Petition--Appellate Review

text: RAP 16.14 PERSONAL RESTRAINT PETITION—APPELLATE REVIEW (a) Decision Whether To Transfer. A decision to transfer a petition to a superior court for a hearing or to retain the petition for determination by the appellate court is not subject to review by the Supreme Court. A superior court decision to transfer a motion to the Court of Appeals for consideration as a personal restraint petition pursuant to CrR 7.8 is not subject to direct review by the Supreme Court. (b) Decision of Superior Court. A decision of a superior court in a personal restraint proceeding transferred to that court for a determination on the merits is subject to review in the same manner and under the same procedure as any other trial court decision. (c) Other Decisions. If the petition is dismissed by the Chief Judge or decided by the Court of Appeals on the merits, the decision is subject to review by the Supreme Court only by a motion for discretionary review on the terms and in the manner provided in rule 13.5A. [Adopted effective July 1, 1976; Amended effective January 1, 1977; September 1, 2006; September 1, 2014.]

citation: RAP RAP 16.14


title: Personal Restraint Petition--Supplemental Provisions

text:
RAP 16.15 PERSONAL RESTRAINT PETITION—SUPPLEMENTAL PROVISIONS (a) Motion. The procedure for and form of a motion is as provided in Title 17. Motions will ordinarily be considered without oral argument. (b) Release by Appellate Court of Person in Custody. The appellate court may release a petitioner on bail or personal recognizance before deciding the petition, if release prevents further unlawful confinement and it is unjust to delay the petitioner's release until the petition is determined. The appellate court or the superior court in its decision on the merits, or by separate order after a decision on the merits, may release a petitioner on bail or on personal recognizance. The appellate court may direct the release of petitioner with the conditions of release to be determined by a trial court. (c) Oral Argument. Except as otherwise provided in rule 16.11(c), the procedure for oral argument is governed by Title 11. (d) Disposition of Petition. The petition will be determined by the appellate court by written opinion or order briefly stating the reasons for the determination. (e) Certificate of Finality. A certificate of finality is the written notification of the clerk of the appellate court to the trial court and the parties that the proceedings in the appellate court have come to an end. (1) When Certificate of Finality is Issued by the Court of Appeals. The clerk of the Court of Appeals issues the certificate of finality: (a) Thirty days after the decision is filed, unless (i) a motion for reconsideration of the decision has been earlier filed, or (ii) a motion for discretionary review to the Supreme Court has been earlier filed. (b) If a motion for reconsideration is timely filed and denied, 30 days after filing the order denying the motion for reconsideration, unless a motion for discretionary review by the Supreme Court has been earlier filed. (c) If a motion for discretionary review has been timely filed and denied by the Supreme Court, upon denial of the motion for discretionary review. (2) When Certificate of Finality is Issued by the Supreme Court. The clerk of the Supreme Court issues the certificate of finality twenty days after the written opinion or order disposing of the petition is filed unless a motion for reconsideration of the decision is filed. If a motion for reconsideration is timely filed, the certificate of finality shall issue upon the entry of an order denying the motion for reconsideration. (f) Costs. Costs are awarded as provided in Title 14. (g) Indigency--Superior Court Determination. The provisions of CrR 3.1 apply to a personal restraint petition transferred to a superior court. If any of the petitioner’s expenses incurred in the superior court are to be paid with public funds, the expenses shall be paid with funds appropriated by the county in which the superior court is located. (h) Indigency--Appellate Court Proceeding. If the restraint is imposed by the state or local government, and if the appellate court determines that petitioner is indigent, the court may provide for the appointment of counsel at public expense for services in the appellate court, order waiver of charges for reproducing briefs and motions, provide for the preparation of the record of prior proceedings and provide for the payment of such other expenses as may be necessary to

consider the petition in the appellate court. Invoices for expenses of an indigent person in the appellate court must be submitted to the appellate court which decided the petition in the form and manner provided in rule 15.4, except that a trial court order of indigency is not required and the invoice must be submitted within 45 days after the appellate court decision terminating the proceeding is filed. If a petitioner who claims to be indigent is in the custody of an agency of the Department of Social and Health Services, the clerk of the appellate court will obtain a statement of petitioner’s known assets from the superintendent of the institution where petitioner is confined. Statutes providing for payment of expenses with public funds are not superseded. References Title 15, Special Provisions Relating to Rights of Indigent Party. [Adopted effective July 1, 1976; Amended effective January 1, 1977; December 30, 1997.]

citation: RAP RAP 16.15


title: Question Certified by Federal Court

text: RAP 16.16 QUESTION CERTIFIED BY FEDERAL COURT (a) Generally. The Supreme Court may entertain a petition to determine a question of law certified to it under the Federal Court Local Law Certificate Procedure Act if the question of state law is one which has not been clearly determined and does not involve a question determined by reference to the United States Constitution. Certificate procedure is the means by which a federal court submits a question of Washington law to the Supreme Court. This rule provides the procedure for implementing RCW 2.60. (b) Caption of Pleadings and Briefs Filed in Supreme Court. The caption of the case should be: CERTIFICATION FROM (ORIGINATING UNITED STATES COURT) IN (Title of Action) (c) Filing. The cause shall be filed, indexed, and numbered in the same manner as an appeal to the Supreme Court. (d) Record. The record shall be certified by the federal court as required by statute. (e) Briefs. (1) Procedure. The federal court shall designate who will file the first brief. The first brief should be filed within 30 days after the record is filed in the Supreme Court. The opposing party should file the opposing brief within 20 days after receipt of the opening brief. A reply brief should be filed within 10 days after the opposing brief is served. The briefs should be served in accordance with rule 10.2. The time for filing the record, the supplemental record, or briefs may be extended for cause. (2) Form and Reproduction of Briefs. Briefs should be in the form provided by rules 10.3, 10.4, and 18.17. Briefs will be reproduced by the clerk in accordance with rule 10.5. (f) Costs. The cost provisions of Title 14 are applicable except that both parties must file a cost bill, and that the commissioner or clerk will not award costs but will divide the total costs equally between the parties. (g) Finality of Opinion. The opinion of the Supreme Court is certified to the federal court at the time a mandate would issue as provided in rule 12.5. The certification by the clerk states that the opinion is in answer to the question of Washington law submitted. References RCW 2.60, Federal Court Local Law Certificate Procedure Act. [Adopted effective July 1, 1976; Amended effective September 1, 1990; September 1, 2006; September 1, 2021.]

citation: RAP RAP 16.16


title: Other Rules Applicable

text: RAP 16.17 OTHER RULES APPLICABLE Rules 1.1, 1.2, 18.1, 18.3 through 18.10, 18.17, and 18.21 through 18.24 are applicable to the special proceedings in this title. [Adopted effective July1, 1976; Amended effective July 2, 1976; September 1, 2021.]

citation: RAP RAP 16.17


title: Post-Sentence Petitions

text:
RAP 16.18 POST-SENTENCE PETITIONS (a) Generally. The Department of Corrections may petition the Court of Appeals for review of a sentence committing an offender to the custody or jurisdiction of the Department of Corrections. The review shall be limited to errors of law. (b) Filing. The petition should be filed no later than 90 days after the Department of Corrections has received the documents containing the terms of the sentence. The petition should be filed in the division that includes the superior court entering the decision under review. (c) Parties. When the Department files the petition, it should serve copies on the prosecuting attorney and on the offender whose sentence is in question. The appellate court clerk will serve the offender with a statement of the right to counsel and the right to proceed at public expense if indigent. If the offender was found indigent at trial and has been incarcerated since trial, continued indigency is presumed. In other cases where the offender claims indigency, the Court of Appeals may make a determination of indigency or may remand to the sentencing court for such a determination. The Court of Appeals may appoint counsel for indigent offenders and waive costs as provided in RAP 16.15(g) or may remand to the sentencing court for such appointment. All parties should file a written response to the petition within 45 days after the appellate court clerk notifies the offender of the right to counsel and the right to proceed at public expense. The Department has 20 days after service of the last response to file a reply. (d) Petition. The petition should contain: (1) The county and superior court cause number below; (2) The crime for which the offender was convicted; (3) The date the Department of Corrections received the documents containing the terms of the sentence; (4) The address of the offender; (5) The error of law at issue; (6) A statement by the Department of Corrections of all efforts that have been made to resolve the dispute at the superior court level, and the results thereof; (7) Argument; (8) The relief requested; (9) A conclusion; and (10) An appendix. The appendix should contain a copy of the judgment and sentence, the warrant of commitment, and any response of the superior court regarding the Department’s administrative efforts to resolve the issue. (e) Consideration of Petition. (1) Generally. The Chief Judge will consider the petition promptly after the time has expired for filing of the Department’s reply. The Chief Judge determines at the initial consideration if the petition will be retained by the appellate court for determination on the merits.

(2) Determination by Appellate Court. The Chief Judge determines at the initial consideration of the petition the steps necessary to properly decide on the merits the issues raised by the petition. If the issues presented are frivolous, the Chief Judge will dismiss the petition. If the petition is not frivolous, the Chief Judge will refer the petition to a panel of judges for a determination on the merits. The Chief Judge may enter other orders necessary to obtain a prompt determination of the petition on the merits. (3) Oral Argument. Decisions of the Chief Judge will be made without oral argument. If a petition is to be decided on the merits by a panel of judges, the appellate court clerk will set the petition for consideration by the panel of judges, with or without oral argument. If oral argument is directed, the clerk will notify the parties of the date set for oral argument. (f) Disposition. The Court of Appeals will dispose of the matter in such manner as the ends of justice require. (g) Review of Court of Appeals Decision. If the petition is dismissed by the Chief Judge or decided by the Court of Appeals on the merits, the decision is subject to review by the Supreme Court by a motion for discretionary review on the terms and in the manner provided in rule 13.5A. [Adopted effective July 1, 1976; Amended effective September 1, 1992; September 1, 2006.]

citation: RAP RAP 16.18


title: Preparation of Report of Proceedings in Capital Cases

text: RAP 16.19 PREPARATION OF REPORT OF PROCEEDINGS IN CAPITAL CASES (a) The clerk of the trial court shall prepare a list of all pre-trial hearings, trial proceedings, and post-trial hearings, including any in camera or ex parte proceedings, that specifies the date of the hearing and the name of the court reporter. This list shall be served by the clerk of the trial court on each court reporter, the prosecuting attorney, the defendant’s trial counsel and appellate counsel, and the trial judge within 10 days of the entry of a judgment and sentence. If appellate counsel has not been appointed to represent the defendant when the list is first prepared, the clerk of the trial court shall send a copy of the list to each appellate counsel within 10 days of appointment. (b) Any party may serve and file objections to, and propose amendments to the list within 10 days after receipt of the list prepared by the clerk of the trial court. If objections or amendments to the list are served and filed, any objections or proposed amendments must be heard by the trial court judge for settlement and approval. If the judge before whom the proceedings were held is for any reason unable to promptly settle questions, another judge may act in the place of the judge before whom the proceedings were held. (c) Once the list of hearings is settled, the clerk of the trial court shall serve a copy on each court reporter and shall file a copy with the Supreme Court. The final list should indicate the date it was served on the court reporters and the financial arrangements which have been made for payment of transcription costs. (d) The court reporter shall complete the report of proceedings within 90 days after the reporter receives the list of hearings. If the report of proceedings cannot be completed within this time, the court reporter shall, no later than 10 days before the due date, submit an affidavit to the prosecuting attorney, to the defense appellate attorney, and to the Supreme Court stating the reasons for the delay. Any party or any court reporter may move for an extension of time from the Supreme Court. (e) The court reporter shall file the report of proceedings with the clerk of the trial court. The clerk of the trial court shall transmit the report of proceedings to the Supreme Court. The clerk of the Supreme Court shall provide one copy of the report of proceedings to the defendant, two copies of the report of proceedings to the defendant’s appellate attorney, and one copy of the report of proceedings to the prosecuting attorney. (f) Objections or amendments to the report of proceedings may be served and filed within 30 days after the party receives a copy of the report of all proceedings. Copies of all objections shall be filed with the Supreme Court. The trial court shall settle the report of proceedings in accordance with RAP 9.5(c) and (d). The briefing schedule shall be suspended until the record is settled. (g) The record may be corrected or supplemented at any time in accordance with RAP 9.10. [Adopted effective December 30, 1997.]

citation: RAP RAP 16.19


title: Transmittal of Jury Questionnaires and Clerk's Papers in Capital Cases

text: RAP 16.20 TRANSMITTAL OF JURY QUESTIONNAIRES AND CLERK’S PAPERS IN CAPITAL CASES If questionnaires are used during jury selection, the clerk of the trial court shall seal and transmit a copy of all the questionnaires to the Supreme Court along with all of the clerk’s papers, including copies of any clerk’s minutes. The clerk of the Supreme Court will provide defendant’s appellate counsel and the prosecuting attorney copies of all of the juror questionnaires. These copies shall remain in the possession of counsel and not be made available to the defendant. The clerk of the Supreme Court shall copy and distribute the clerk’s papers as follows: one copy to the defendant, two copies to the defendant’s appellate attorneys, and one copy to the prosecuting attorney. [Adopted effective December 30, 1997; Amended September 1, 2010]

citation: RAP RAP 16.20


title: Clerk's Conference in Capital Cases

text: RAP 16.21 CLERK’S CONFERENCE IN CAPITAL CASES (a) Application of Rule. This rule applies only in direct appeals in criminal cases. (b) Clerk’s Conference. Upon receipt of the notice of appeal in a capital case by the Supreme Court, the clerk of the court shall set a clerk’s conference. The clerk of the court shall give notice to the parties of the date, time, and place of the conference; the name of the commissioner or clerk who will conduct the conference; and the nature of the issues to be discussed at the conference. The convening of a clerk’s conference shall not stay the requirements otherwise established by these rules. The clerk may continue a conference or convene another conference when necessary to establish procedures in the case. (c) Attendance at Clerk’s Conference. The attorneys for each party, if the notice requires it, shall attend the clerk’s conference on the date, time, and place specified in the clerk’s notice. Those in attendance should be ready to seriously consider the procedural issues attendant upon the case, including, but not limited to, settlement of the record, the briefing schedule, the length limitations for briefs, oral argument, and other matters which may promote the prompt and fair disposition of the appeal. (d) Clerk’s Conference Order. If, as a result of the clerk’s conference, the parties agree to various matters to promote the prompt and fair disposition of the appeal, the Court may enter an order consistent with that agreement. If the parties fail to agree on any issue, the court will resolve the issues and enter an order. The order is binding on the parties during the review proceeding, unless the court otherwise directs on its own initiative or on motion of a party for good cause shown and on those terms the court deems appropriate. [Adopted effective December 30, 1997; Amended effective September 1, 2021.]

citation: RAP RAP 16.21


title: Filing of Briefs in Capital Cases

text: RAP 16.22 FILING OF BRIEFS IN CAPITAL CASES (a) The brief of an appellant shall be filed in the Supreme Court within 120 days after the report of proceedings is settled or the last date for filing any objections pursuant to Rule 16.19(f). The brief of a respondent shall be filed within 120 days after service of the brief of appellant. (b) The personal restraint petition shall be filed within 180 days after the appointment of counsel or the court’s determination that counsel will not be appointed. The response to a personal restraint petition shall be filed within 120 days after service of the petition. (c) A brief of appellant or respondent, or a brief in support of or opposition to a personal restraint petition, a reply brief, a pro se supplemental brief, or the response to a pro se supplemental brief, shall comply with the length limitations in RAP 18.17. (d) If legal arguments are included in a personal restraint petition or in the response to a personal restraint petition, no separate brief may be filed. A petition or response that contains legal arguments may not exceed the length limitations of RAP 18.17. The petition or response shall comply with RAP 10.4(a) and 18.17. (e) The clerk will retain but not formally file a brief, petition, or response that exceeds the length limitations of RAP 18.17, except on prior order of the court. Such an order will only be granted for compelling reasons. The clerk will not file a brief, petition, or response that violates the format requirements of RAP 10.4(a) and 18.17, if a properly formatted brief would violate the length limitations. The clerk shall direct the party whose document has been rejected for formal filing to correct the deficiencies within a specified time period. [Adopted effective December 30, 1997; Amended effective March 9, 1999; September 1, 2021.]

citation: RAP RAP 16.22


title: Oral Argument on Appeal in Capital Cases

text: RAP 16.23 ORAL ARGUMENT ON APPEAL IN CAPITAL CASES (a) The parties may file a non-binding notice 14 days prior to oral argument that specifies the order in which issues will be presented and identifies which counsel will present the argument on each issue. (b) At any time before receipt of such notice the clerk of the Supreme Court shall inform the parties if any member of the Court wants certain issues to be addressed during oral argument. After receipt of such notice, the clerk of the Supreme Court may notify the parties if any member of the Court wants additional issues to be addressed during oral argument. (c) Each side is allowed 120 minutes for oral argument. [Adopted effective December 30, 1997.]

citation: RAP RAP 16.23


title: Stay of Execution in Capital Cases

text: RAP 16.24 STAY OF EXECUTION IN CAPITAL CASES (a) An application for stay of execution will be decided by the en banc court, except that a commissioner or the clerk may decide an application for a stay of execution in connection with a first petition for relief from restraint. No stay will be granted until after a death warrant has been issued. When any stay is granted, a commissioner or the clerk will immediately notify, in addition to the parties, the Superintendent of the Washington State Penitentiary and the Attorney General. (b) The petitioner or his or her lawyer may file an application for a stay of execution in connection with a first petition for relief from restraint. This application shall be accompanied by a statement, describing one or more grounds for relief, which shall be deemed to be a petition for relief from restraint with leave granted to amend the petition upon appointment of counsel. (c) Upon the filing of this application for stay of execution in connection with a first petition for relief from restraint and statement, a commissioner or the clerk shall issue a stay of execution, if the statement identified any ground for relief that is not patently frivolous. (d) A stay of execution pending a final disposition of a second or subsequent petition shall not be granted unless the petition makes a substantial showing that the petition is not barred by RCW 10.73 or RAP 16.4(d). (e) A stay of execution will dissolve when a certificate of finality is issued unless otherwise ordered by the court. Comment The date the statement of grounds for relief that accompanies an application for a stay of execution in connection with a first petition for relief from restraint is filed shall be deemed under Washington law to be “the date on which the first petition for post-conviction review or other collateral relief is filed,” 1996 Antiterrorism and Effective Death Penalty Act, Chapter 154, sec. 2263(b)(2). A stay will be granted “if the statement identifies any ground for relief that is not patently frivolous.” In general, a claim could be considered “patently frivolous” only if (1) it was rejected on its merits on direct appeal, (2) it is clearly contrary to binding precedent, or (3) it is clearly contrary to the established record. A claim of ineffective assistance of counsel that was not raised on direct appeal will generally not be considered “patently frivolous.” [Adopted effective December 30, 1997; Amended effective March 6, 1999.]

citation: RAP RAP 16.24


title: Appointment of Counsel on Personal Restraint Petition in Capital Cases

text: RAP 16.25 APPOINTMENT OF COUNSEL ON PERSONAL RESTRAINT PETITION IN CAPITAL CASES Unless petitioner is proceeding pro se or is represented by retained counsel, upon a request by petitioner to the Clerk of the Supreme Court and upon a finding that the petitioner is indigent, the Supreme Court shall appoint counsel to assist in preparing and presenting a first personal restraint petition. Appointed counsel must have demonstrated the necessary proficiency and commitment which exemplifies the quality of representation appropriate to capital cases. At least one attorney so appointed must have at least three years of experience in handling appeals or collateral reviews on criminal convictions and must be learned in the law of capital punishment by training or experience. A list of attorneys qualified for appointment in death penalty personal restraint petitions will be recruited and maintained by a panel created by the Supreme Court. In appointing counsel, the Supreme Court will consider this list. However, the Supreme Court will have the final discretion in the appointment of counsel in personal restraint petitions in capital cases. Counsel will not be appointed if the petitioner has clearly elected to proceed pro se and the court is satisfied that petitioner’s election is knowing, intelligent, and voluntary. An attorney who represented the petitioner at trial will not be appointed. An attorney who represented petitioner on direct appeal will not be appointed unless petitioner and the attorney expressly request continued representation. Statutes providing for payment of expenses with public funds are not superseded by this rule. The Supreme Court may appoint counsel to assist in a second or subsequent petition in accord with RCW 10.73.150. [Adopted effective December 30, 1997.]

citation: RAP RAP 16.25


title: Personal Restraint Petitions in Capital Cases - Discovery

text: RAP 16.26 PERSONAL RESTRAINT PETITIONS IN CAPITAL CASES--DISCOVERY (a) Before or after a person under sentence of death files a personal restraint petition, the Supreme Court, on motion of that person, may order discovery. To obtain such an order, the person under sentence of death must establish facts that give rise to a substantial reason to believe that the discovery will produce information that would support relief under RAP 16.4(c). Information in support of the request that the person under sentence of death believes is privileged may be separated into a second confidential affidavit which identifies the asserted privilege with specificity and the law supporting the assertion of the privilege. Any affidavit which does not contain confidential information and the motion must be served on the prosecutor. The procedure for and form of the motion is as provided in RAP Title 17. Motions will ordinarily be considered without oral argument. Prior to ruling on the motion, the Court will review the confidential affidavit to determine whether the contents therein are protected by the asserted privilege. If the asserted privilege does not apply, the court will serve the State with a copy of the confidential affidavit at least five working days before the State’s response to the motion is due. (b) After a person under sentence of death has filed a personal restraint petition, the Supreme Court, on motion of the State, may order discovery. To obtain such an order, the State must establish facts that give rise to a substantial reason to believe that the discovery will produce information that would support the denial of relief under RAP 16.4(c). (c) Discovery conducted pursuant to this rule shall be governed by the civil rules, unless otherwise ordered by the court. (d) In the event a remand hearing is ordered, discovery shall be governed by RAP 16.12. (e) Discovery may be allowed for preparation of a second or subsequent petition attacking the same judgment and sentence only upon a substantial showing that the petition is not barred by chapter 10.73 RCW or RAP 16.4(d). [Adopted effective December 30, 1997.]

citation: RAP RAP 16.26


title: Personal Restraint Petition in Capital Cases - Investigative, Expert, and Other Services

text: RAP 16.27 PERSONAL RESTRAINT PETITION IN CAPITAL CASES— INVESTIGATIVE, EXPERT, AND OTHER SERVICES Before or after the filing of a personal restraint petition, a person under sentence of death may file a motion for investigative, expert, or other services. Such a motion shall be granted only if the person establishes facts that give rise to a substantial reason to believe that the services will produce information that would support relief under RAP 16.4(c), and if the legislature has authorized and approved funding for such services. The motion shall be directed to the Supreme Court and may be made ex parte. Upon a showing of good cause, the moving papers may be ordered sealed by the court and shall remain sealed until further order of the court. Services may be allowed for preparation of a second or subsequent petition attacking the same judgment and sentence only upon a substantial showing that the petition is not barred by chapter 10.73 RCW or RAP 16.4(d). [Adopted effective December 30, 1997.]

citation: RAP RAP 16.27


title: Scope

text: RAP 17.1 SCOPE (a) Relief under This Title. A person may seek relief, other than a decision of the case on the merits, by motion as provided in Title 17. In a criminal appeal where the defendant is represented by counsel, the defendant may file only a motion related to a statement of additional grounds for review or the representation of counsel. Other motions submitted by a defendant who is represented by counsel will be placed in the file without action. Any such action is not subject to the provisions of rule 17.7. (b) Motion on the Merits. A party may seek a decision on the merits by motion as provided in rule 18.14. The rules in Title 17 apply to a motion for a decision on the merits only to the extent provided in rule 18.14. [Adopted effective July 1, 1976; Amended effective September 1, 1984; September 1, 2014.]

citation: RAP RAP 17.1


title: Who Decides a Motion

text: RAP 17.2 WHO DECIDES A MOTION (a) Generally. The judges determine (1) a motion in a brief, (2) a motion to modify a ruling by a commissioner or the clerk, (3) a motion for reconsideration of a decision, (4) a motion to recall the mandate, except for a motion made to correct an inadvertently issued mandate, and (5) a motion to publish. All other motions may be determined initially by a commissioner or the clerk of the appellate court. (b) Reference to the Judges. A commissioner or clerk may refer a motion to the judges for determination. If the motion is referred to the judges, the commissioner or clerk will give notice of the reference to all persons entitled to notice of the motion. A decision to refer a motion to the judges is not subject to review by the judges in the form of a motion to modify. (c) Transfer by Supreme Court to Court of Appeals. A commissioner or clerk of the Supreme Court may transfer a motion for discretionary review of a trial court decision to the Court of Appeals for determination. [Adopted effective July 1, 1976; Amended effective July 2, 1976; September 1, 1992; September 1, 1998; December 24, 2002; September 1, 2022.]

citation: RAP RAP 17.2


title: Content of Motion

text: RAP 17.3 CONTENT OF MOTION (a) Generally. A motion must include (1) a statement of the name and designation of the person filing the motion, (2) a statement of the relief sought, (3) reference to or copies of parts of the record relevant to the motion, and (4) a statement of the grounds for the relief sought, with supporting argument. (b) Motion for Discretionary Review. A motion for discretionary review should contain under appropriate headings and in the order here indicated: (1) Cover. A title page, which is the cover. (2) Identity of Petitioner. A statement of the name and designation of the person filing the motion. (3) Decision Below. A statement of the decision which petitioner wants reviewed, 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. (4) Issues Presented for Review. A concise statement of the issues presented for review. (5) Statement of the Case. A statement of the facts and procedure below relevant to the issues presented for review, with appropriate reference to the record. (6) Argument. A direct and concise statement of the reasons why review should be granted, with supporting argument. (7) Conclusion. A short conclusion stating the precise relief sought. (8) Appendix. An appendix containing a copy of the decision which the party wants reviewed, a copy of any order granting or denying motions made with respect to that decision, and a copy of parts of the record relevant to the motion. In addition, the appendix may include copies of statutes and constitutional provisions relevant to the issues presented for review and other material which would assist the court in determining whether the motion should be granted. The appendix should include a table of contents and the pages should be consecutively numbered. (c) Statement of Grounds for Direct Review. If the motion is for discretionary review of a trial court decision and the party making the motion seeks direct review by the Supreme Court, the party seeking review must also serve and file a separate statement urging grounds for Supreme Court review as provided in rule 4.2(b) and (c). References Form 3, Motion for Discretionary Review; Form 4, Statement of Grounds for Direct Review; Form 18, Motion; Form 20, Motion To Modify Ruling; Rule 6.2, Discretionary Review; Rule 12.4, Motion for Reconsideration of Decision Terminating Review. [Adopted effective July 1, 1976; Amended effective September 1, 1990; December 24, 2002; September 1, 2018.]

citation: RAP RAP 17.3


title: Filing and Service of Motion--Answer to Motion

text:
RAP 17.4 FILING AND SERVICE OF MOTION—ANSWER TO MOTION (a) Filing and Service Generally; Procedure for Noting a Motion Where Permitted. (1) A motion filed by a party must be served on all parties, amicus, and other persons entitled to notice. (2) The Supreme Court and each division of the Court of Appeals will determine by General Order whether a party may note a motion for hearing. If a party is permitted to note a motion for hearing, the motion must be accompanied by a notice of the time and date set for oral argument of the motion. The movant should contact the clerk of the appellate court to determine the date and time available for argument of the motion. The motion and notice must be served on all parties, amicus, and other persons entitled to notice and filed in the appellate court at least 15 days before the date noted for the hearing on the motion. If a motion is not noted for hearing and the court does not set a date for a hearing, the motion will be decided without oral argument. (b) Emergency Motion. In an emergency, a person may request expedited consideration of a motion. The person presenting the motion must, at the time the motion is made, file an affidavit stating the type of notice given and the time and date the notice was given to each person, and explain in the motion why it should be decided on an emergency basis. If the court requires an answer or sets the motion for argument, it will notify the parties and other persons entitled to notice as to when an answer should be filed, and of the date, time, and place the motion will be heard. The commissioner or clerk may decide the motion only if satisfied (1) that adequate relief cannot be given if the motion is considered in the normal course, and (2) the movant has taken reasonable steps under the circumstances to give notice to persons who would be affected by the ruling sought. An emergency motion may be presented on less notice than that required by section (a). (c) Summary Determination. (1) The commissioner or clerk may summarily determine without oral argument, and without awaiting an answer, a motion which, in the judgment of the commissioner or clerk, does not affect a substantial right of a party. (2) If the commissioner or clerk makes a summary determination granting a motion under subsection (c)(1) of this rule, and a party files and serves a timely responsive pleading after the ruling has been entered, the commissioner or clerk will treat the responsive pleading as a motion for reconsideration of the ruling. If such a responsive pleading is filed, the commissioner or clerk may permit the moving party to file a reply and may allow oral argument on the motion. (d) Motion in Brief. A party may include in a brief only a motion which, if granted, would preclude hearing the case on the merits. The answer to a motion within a brief may be made within the brief of the answering party in the time allowed for filing the brief. (e) Answer and Reply to Motion. A person with a recognized interest in the subject matter of the motion may submit a written answer to the motion. Unless the court directs otherwise, any answer must be filed and served no later than ten (10) days after the motion is served on the answering party. The moving party may submit a written reply to the answer to the motion. Unless the court directs otherwise, any reply to an answer must be filed and served no later than three (3) days after the answer is served on the moving party, but at least one (1) day prior to the date set for oral argument. (f) Supporting Papers. A person should serve and file with the motion all affidavits and other papers submitted in support of the motion. Affidavits and other papers submitted in support of an answer or reply must be served and filed with the answer or reply. Rule 9.11 does not apply

to affidavits and other papers submitted in connection with a motion other than a motion on the merits under rule 18.14. (g) Length of Motion, Answer and Reply; Form of Papers and Number of Copies. (1) A motion, answer, or reply should not exceed the length limitations in RAP 18.17. For compelling reasons, the court may grant a motion to file an over-length motion, answer, or reply. (2) All papers relating to motions or answers should comply with the formatting requirements of RAP 18.17, provided an original only and no copy should be filed. The appellate court commissioner or clerk may reproduce additional copies that may be necessary for the appellate court and charge the appropriate party as provided in rule 10.5(a). References Form 19, Notice of Motion; Rule 12.4, Motion for Reconsideration of Decision Terminating Review, (d) Answer and reply, (f) No oral argument. [Adopted effective July 1, 1976; Amended effective July 2, 1976; September 1, 1990; September 1, 1994; September 1, 1998; December 24, 2002; September 1, 2006; September 1, 2010; December 10, 2013; December 8, 2015; September 1, 2021; June 27, 2023.]

citation: RAP RAP 17.4