title: Settlement Conference in Court of Appeals

text:
RAP 5.5 SETTLEMENT CONFERENCE IN COURT OF APPEALS (a) Application of Rule. This rule applies only to an appeal to the Court of Appeals from a trial court decision in a civil case. A civil appeal statement or answer should be filed only if requested by the clerk in the notice given to the parties under section (b). (b) Settlement Conference. A settlement conference may be held in a civil appeal when directed by the Court of Appeals or when all parties to the appeal agree that a conference would be beneficial. The parties should direct a request for a settlement conference in writing to the clerk of the court. If a settlement conference is requested by all parties, or directed by the Court of Appeals, the clerk of the court will then give notice to the parties of the date, time, and place of the conference; the name of the judge, judge pro tempore, or commissioner who will conduct the conference; and whether the parties are required to attend the conference. The clerk will also advise the parties if a civil appeal statement or answer is required and, if so, the date by which the documents should be filed. (c) Form of Civil Appeal Statement. The statement should be captioned "Civil Appeal Statement," contain the title of the case as provided in rule 3.4, and contain under appropriate headings and in the order here indicated: (1) Nature of Case and Decision. A short statement of the substance of the case below and the basis for the trial court decision. (2) Issues Presented for Review. A statement of each issue the party intends to present for review by the Court of Appeals. (3) Relief Sought in Court of Appeals. The relief the party seeks in the Court of Appeals. (4) Trial Court. The name of the court from which the appeal was taken. (5) Judge. The name of the trial court judge who made the decision which is being reviewed. (6) Date of Decision. The date the decision was entered in the trial court. (7) Postdecision Motions. A statement of each postdecision motion made in the trial court including the nature of the motion, the date the motion was made, the decision on the motion, and the date the decision was entered. (8) Notice of Appeal. The date the notice of appeal was filed. A copy of the notice should be attached to the statement. (9) Counsel. The name, address, and telephone number of counsel for each party. (10) Method of Disposition in Trial Court. A statement of the method used to decide the case in the trial court. (11) Relief Granted by Trial Court. A short statement of the relief granted by the trial court. (12) Relief Denied by Trial Court. A short statement of the relief sought by the party making the statement which was denied by the trial court. (13) Certificate of Counsel. A statement signed by counsel for the party filing the statement certifying that the appeal is taken in good faith; the appeal is not taken for the purpose

of delay; and that the party represented by counsel is or is not prepared to take all steps immediately to complete the appeal. If the party is not prepared to take all steps immediately to complete the appeal, the certificate of counsel must state the reason(s) why. (d) Form of Answer to Civil Appeal Statement. The answer should include any modifications to the civil appeal statement that the respondent feels are necessary to give the settlement conference judge a fair presentation of the matters material to settlement of the case. To the extent reasonably necessary to meet this objective, the answer should correct any errors in the civil appeal statement, and present any new issues or modify those presented in the civil appeal statement. (e) [Reserved.] (f) Stay Pending Settlement Conference. Unless the notice of the settlement conference states otherwise, a party who has received a notice of settlement conference is not required to take any further steps to complete the review until the settlement conference is concluded. After the settlement conference is completed, the clerk or a commissioner or the settlement judge will establish the dates within which the remaining steps in the review should be completed. (g) Attendance at Settlement Conference. The attorney for each party, and the party if the notice requires it, must attend the settlement conference on the date, time, and place specified in the clerk's notice. Those in attendance should be ready to consider seriously the possibility of settlement, limitation of the issues to be presented for review, and other matters that may promote the prompt and fair disposition of the appeal. (h) Settlement Conference Order. If the parties agree to settle the case, to limit the issues, or to other matters to promote the prompt and fair disposition of the appeal, the settlement judge or commissioner may enter an order consistent with that agreement. If the settlement conference order fully settles the case, the clerk of the Court of Appeals will immediately issue the mandate to the trial court with directions to enter judgment as indicated in the order. In all other cases the order is binding on the parties during the review proceeding, unless the appellate court otherwise directs on its own initiative or on motion of a party for good cause shown and on those terms the appellate court deems appropriate. (i) Sanctions. If a party or counsel for a party fails to comply with this rule or to comply with a settlement conference order, the Court of Appeals may impose sanctions or dismiss the review proceeding as provided in rule 18.9. (j) Settlement Conference Judge May Be Disqualified. The settlement conference judge may hear the appeal on the merits unless (1) the judge decides the best interests of justice would be served by refraining from hearing the case on the merits, or (2) a party disqualifies the judge by request to the clerk of the appellate court. A party may disqualify the judge without cause. Each clerk of the Court of Appeals shall adopt and implement a procedure to preserve the confidentiality of the identity of a party who disqualifies the judge. References Form 21, Civil Appeal Statement. [Adopted effective July 1, 1976; Amended effective February 28, 1977; September 1, 1990; September 1, 1994; September 1, 1998.]

citation: RAP RAP 5.5

rule_number: RAP 5.5


doc_type: court-rule

jurisdiction: wa

title: Appeal as a Matter of Right

text: RAP 6.1 APPEAL AS A MATTER OF RIGHT The appellate court "accepts review" of a trial court decision upon the timely filing in the trial court of a notice of appeal from a decision which is reviewable as a matter of right. References Rule 2.2, Decisions of the Superior Court Which May Be Appealed. [Adopted effective July 1, 1976.]

license: public-domain-government-work

citation: RAP RAP 6.1

rule_set: RAP

rule_number: RAP 6.1


title: Discretionary Review

text: RAP 6.2 DISCRETIONARY REVIEW (a) Generally. The appellate court accepts discretionary review of a trial court decision by granting a motion for discretionary review. (b) Time To Make Motion. The party seeking discretionary review must file in the appellate court a motion for discretionary review within 15 days after filing the notice for discretionary review, or, in cases where the appellate court has appointed counsel for a party entitled to seek discretionary review at public expense pursuant to rule 15.2, within 15 days after appointment. If a party files a notice of appeal from a decision which may not be subject to review as a matter of right, the clerk or a party may note for hearing the question whether the decision is reviewable as a matter of right and, if the decision is reviewable by discretion, the question whether review should be accepted. (c) Regular Motion Procedure Governs. A motion for discretionary review is governed by the motion procedure established by Title 17. The motion and the response should append those portions of the record below to which the motion or response refer. The appendix should include a table of contents and the pages should be consecutively numbered. (d) Notice of Decision on Motion. The clerk of the appellate court will promptly give written notice to the parties and the trial court of the appellate court's decision on the motion for discretionary review. References Form 3, Motion for Discretionary Review; Rule 2.3, Decisions of the Trial Court Which May Be Reviewed by Discretionary Review; Rule 17.3, Content of Motion, (b) Motion for discretionary review; Rule 17.6, Motion Decided by Ruling or Order. [Adopted effective July 1, 1976; Amended effective September 1, 2010; September 1, 2014.]

citation: RAP RAP 6.2

rule_number: RAP 6.2


title: Direct Review of a Final Decision of an Administrative Agency

text: RAP 6.3 DIRECT REVIEW OF A FINAL DECISION OF AN ADMINISTRATIVE AGENCY The appellate court accepts direct review of a final decision of an administrative agency in an adjudicative proceeding under RCW 34.05.518 and RCW 34.05.522 by entering an order or ruling accepting review. In requesting direct review, the parties shall follow the procedures set forth in rule 6.2. [Adopted effective July 1, 1976; Amended effective September 1, 1994; June 29, 2021; Reverted effective July 1, 2026 to the version in effect prior to June 29, 2021.]

citation: RAP RAP 6.3

rule_number: RAP 6.3


title: Direct Review of a Land Use Petition Act Proceeding

text: RAP 6.4 DIRECT REVIEW OF A LAND USE PETITION ACT PROCEEDING [EXPIRED] [Adopted effective June 29, 2021; Expired effective July 1, 2026.]

citation: RAP RAP 6.4

rule_number: RAP 6.4


title: Authority of Trial Court Before Review Accepted

text: RAP 7.1 AUTHORITY OF TRIAL COURT BEFORE REVIEW ACCEPTED The trial court retains full authority to act in a case before review is accepted by the appellate court, unless the appellate court directs otherwise as provided in rule 8.3. [Adopted effective July 1, 1976.]

citation: RAP RAP 7.1

rule_number: RAP 7.1


title: Authority of Trial Court After Review Accepted

text:
RAP 7.2 AUTHORITY OF TRIAL COURT AFTER REVIEW ACCEPTED (a) Generally. After review is accepted by the appellate court, the trial court has authority to act in a case only to the extent provided in this rule, unless the appellate court limits or expands that authority as provided in rule 8.3. (b) Settlement of Record. The trial court has authority to settle the record as provided in Title 9 of these rules. (c) Enforcement of Trial Court Decision in Civil Cases. In a civil case, except to the extent enforcement of a judgment or decision has been stayed as provided in rules 8.1 or 8.3, the trial court has authority to enforce any decision of the trial court and a party may execute on any judgment of the trial court. Any person may take action premised on the validity of a trial court judgment or decision until enforcement of the judgment or decision is stayed as provided in rules 8.1 or 8.3. (d) Attorney Fees and Litigation Expenses On Appeal. The trial court has authority to award attorney fees and litigation expenses for an appeal in a marriage dissolution, a legal separation, a declaration of invalidity proceeding, or an action to modify a decree in any of these proceedings, and in any other action in which applicable law gives the trial court authority to do so. (e) Postjudgment Motions and Actions To Modify Decision. The trial court has authority to hear and determine (1) postjudgment motions authorized by the civil rules, the criminal rules, or statutes, and (2) actions to change or modify a decision that is subject to modification by the court that initially made the decision. The postjudgment motion or action shall first be heard by the trial court, which shall decide the matter. If the trial court determination will change a decision then being reviewed by the appellate court, the permission of the appellate court must be obtained prior to the formal entry of the trial court decision. A party should seek the required permission by motion. The decision granting or denying a postjudgment motion may be subject to review. Except as provided in rule 2.4, a party may only obtain review of the decision on the postjudgment motion by initiating a separate review in the manner and within the time provided by these rules. If review of a postjudgment motion is accepted while the appellate court is reviewing another decision in the same case, the appellate court may on its own initiative or on motion of a party consolidate the separate reviews as provided in rule 3.3(b). (f) Release of Defendant in Criminal Case. In a criminal case, the trial court has authority, subject to RCW 9.95.062 and .064, to fix conditions of release of a defendant and to revoke a suspended or deferred sentence. (g) Questions Relating to Indigency. The trial court has authority to decide questions relating to indigency as provided in Title 15 of these rules. (h) Supersedeas, Stay, and Bond. The trial court has authority to act on matters of supersedeas, stays, and bonds as provided in rules 8.1 and 8.4, CR 62(a), (b), and (h), and RCW 6.17.040. (i) Attorney Fees, Costs and Litigation Expenses. The trial court has authority to act on claims for attorney fees, costs and litigation expenses. A party may obtain review of a trial court decision on attorney fees, costs and litigation expenses in the same review proceeding as that challenging the judgment without filing a separate notice of appeal or notice for discretionary review.

(j) Juvenile Court Decision. The trial court has authority to enter findings and conclusions in a juvenile offense proceeding pursuant to JuCR 7.11. The trial court has authority to act on matters of supersedeas, stays, bonds, the release of a person, and extension of jurisdiction pending review of a juvenile court proceeding. (k) Perpetuation of Testimony. The trial court has authority to supervise discovery proceedings pursuant to CR 27. (l) Multiple Parties, Claims, or Counts. If the trial court has entered a judgment that may be appealed under rule 2.2(d) in a case involving multiple parties, claims, or counts, the trial court retains full authority to act in the portion of the case that is not being reviewed by the appellate court. References Rule 5.1, Review Initiated by Filing Notice of Appeal or Notice for Discretionary Review, (f) Order entered after review accepted; Rule 8.1, Supersedeas in the Trial Court; Rule 8.3, Appellate Court Orders Needed for Effective Review; Rule 8.4, Bond With Individual Sureties-Justification--Objection; CR 62, Stay of Proceedings To Enforce Judgment, (a) Automatic stays, (b) Stay on motion for new trial or for judgment, (d) Multiple claims or multiple parties; RCW 6.08, Stay of Execution. [Adopted effective July 1, 1976; Amended effective July 2, 1976; September 1, 1985; September 1, 1987; September 1, 1990; September 1, 1994; September 1, 1998; December 24, 2002.]

citation: RAP RAP 7.2

rule_number: RAP 7.2


title: Authority of Appellate Court

text: RAP 7.3 AUTHORITY OF APPELLATE COURT The appellate court has the authority to determine whether a matter is properly before it, and to perform all acts necessary or appropriate to secure the fair and orderly review of a case. The Court of Appeals retains authority to act in a case pending before it until review is accepted by the Supreme Court, unless the Supreme Court directs otherwise. [Adopted effective July 1, 1976.]

citation: RAP RAP 7.3

rule_number: RAP 7.3


title: Supersedeas Procedure

text:
RAP 8.1 SUPERSEDEAS PROCEDURE (a) Application of Civil Rules. This rule provides a means of delaying the enforcement of a trial court decision in a civil case in addition to the means provided in CR 62(a), (b), and (h). (b) Right To Stay Enforcement of Trial Court Decision. A trial court decision may be enforced pending appeal or review unless stayed pursuant to the provisions of this rule. Any party to a review proceeding has the right to stay enforcement of a money judgment or a decision affecting real, personal or intellectual property, pending review. Stay of a decision in other civil cases is a matter of discretion. (1) Money Judgment. Except when prohibited by statute, a party may stay enforcement of a money judgment by filing in the trial court a supersedeas bond or cash, or by alternate security approved by the trial court pursuant to subsection (b)(4). (2) Decision Affecting Property. Except where prohibited by statute, a party may obtain a stay of enforcement of a decision affecting rights to possession, ownership or use of real property or of tangible personal property, or intangible personal property, by filing in the trial court a supersedeas bond or cash, or alternate security approved by the trial court pursuant to subsection (b)(4). If the decision affects the rights to possession, ownership or use of a trademark, trade secret, patent, or other intellectual property, a party may obtain a stay in the trial court only if it is reasonably possible to quantify the loss that would be incurred by the prevailing party in the trial court as a result of the party's inability to enforce the decision during review. (3) Other Civil Cases. Except where prohibited by statute, in other civil cases, including cases involving equitable relief ordered by the trial court, the appellate court has authority, before or after acceptance of review, to stay enforcement of the trial court decision upon such terms as are just. The appellate court ordinarily will condition such relief from enforcement of the trial court decision on the furnishing of a supersedeas bond, cash or other security. In evaluating whether to stay enforcement of such a decision, the appellate court will (i) consider whether the moving party can demonstrate that debatable issues are presented on appeal and (ii) compare the injury that would be suffered by the moving party if a stay were not imposed with the injury that would be suffered by the nonmoving party if a stay were imposed. The party seeking such relief should use the motion procedure provided in Title 17 of these rules. (4) Alternate Security. Upon motion of a party, or stipulation, the trial court or appellate court may authorize a party to post security other than a bond or cash, may authorize the establishment of an account consisting of cash or other assets held by a party, its counsel, or a non-party, or may authorize any other reasonable means of securing enforcement of a judgment. The effect of doing so is equivalent to the filing of a supersedeas bond or cash with the Superior Court. (c) Supersedeas Amount. The amount of the supersedeas bond, cash or alternate security required shall be as follows: (1) Money Judgment. The supersedeas amount shall be the amount of the judgment, plus interest likely to accrue during the pendency of the appeal and attorney fees, costs, and expenses likely to be awarded on appeal (2) Decision Affecting Property. The supersedeas amount shall be the amount of any money judgment, plus interest likely to accrue during the pendency of appeal and attorney fees, costs, and expenses likely to be awarded on appeal entered by the trial court plus the amount of the loss which the prevailing party in the trial court would incur as a result of the party’s inability to enforce the judgment during review. Ordinarily, the amount of loss will be equal to the reasonable value of the use of the property during review. A party claiming that the reasonable value of the use of the property is inadequate to secure the loss which the party may suffer as a

result of the party’s inability to enforce the judgment shall have the burden of proving that the amount of loss would be more than the reasonable value of the use of the property during review. If the property at issue has value, the property itself may fully or partially secure any loss and the court may determine that no additional security need be filed or may reduce the supersedeas amount accordingly. (3) Stay of Portion of Judgment. If a party seeks to stay enforcement of only part of the judgment, the supersedeas amount shall be fixed at such sum as the trial court determines is appropriate to secure that portion of the judgment, plus interest likely to accrue during the pendency of the appeal and attorney fees, costs, and expenses likely to be awarded on appeal. If the judgment or decision provides for periodic payments, the trial court may in its discretion deny supersedeas, or permit the periodic posting of bonds, cash or alternate security. (d) Form of Cash Supersedeas; Effect of Filing Bond or Other Security. (1) A party superseding a judgment with cash deposited with the Superior Court should deposit the supersedeas amount with the Superior Court Clerk, accompanied by a Notice of Cash Supersedeas. The Notice may direct the clerk to invest the funds, subject to the clerk’s investment fee, as provided in RCW 36.48.090. (2) Upon the filing of a supersedeas bond, cash or alternate security approved by the trial court pursuant to subsection (b)(4), enforcement of a trial court decision against a party furnishing the bond, cash or alternate security is stayed. Unless otherwise ordered by the trial court or appellate court, upon the filing of a supersedeas bond, cash or alternate security any execution proceedings against a party furnishing the bond, cash or alternate security shall be of no further effect. (e) Objection to Supersedeas. A party may object to the sufficiency of an individual surety on a bond, to the form of a bond, or to the amount of a bond or cash supersedeas by a motion in the trial court made within 7 days after the party making the motion is served with a copy of the bond and any supporting affidavits, if required. If the trial court determines that the bond is improper in form, or that the amount of the bond, cash or net worth of an individual surety is inadequate, stay of enforcement of the trial court decision may be preserved only by furnishing a proper bond or supplemental bond or cash within 7 days after the entry of the order declaring the supersedeas deficient. (f) Supersedeas by Party Not Required To Post Bond. If a party is not required to post a bond, that party shall file a notice that the decision is superseded without bond and, after filing the notice, the party shall be in the same position as if the party had posted a bond pursuant to the provisions of this rule. (g) Modification of Supersedeas Decision. After a supersedeas bond, cash or alternate security has been filed, the trial court may, upon application of a party or on its own motion, and for good cause shown, discharge the bond, change the supersedeas amount or require a new bond, additional cash or alternate security. (h) Review of Supersedeas Decision. A party may object to a supersedeas decision of the trial court by motion in the appellate court. References CR 62, Stay of Proceedings To Enforce a Judgment; RCW 48.28.010, Requirements deemed met by surety insurer. [Adopted effective July 1, 1976; Amended effective September 1, 1990; September 1, 1994; December 24, 2002; September 1, 2006.]

citation: RAP RAP 8.1

rule_number: RAP 8.1


title: Application to Criminal or Juvenile Cases

text: RAP 8.2 APPLICATION TO CRIMINAL OR JUVENILE CASES (a) Release or Stay of Execution of Sentence Not Governed by There Rules. The conditions under which a defendant in a criminal case or a juvenile in a juvenile offense proceeding may be released pending review, or may obtain a stay of execution of sentence, are set forth in the criminal rules, juvenile court rules, and in statues. (b) Objection to Decision. A party may object to a trial court decision relating to release of a defendant or a juvenile, or relating to a stay of execution of sentence, during a review of a criminal case or a juvenile offense proceeding by motion in the appellate court. References RCW 9.95.062, Appeal stays execution--Credit for time in jail pending appeal; RCW 10.73.040, Bail pending appeal; CrR 3.2, Release of Accused. [Adopted effective July 1, 1976; Amended effective September 1, 1990.]

citation: RAP RAP 8.2

rule_number: RAP 8.2


title: Appellate Court Orders Needed for Effective Review

text: RAP 8.3 APPELLATE COURT ORDERS NEEDED FOR EFFECTIVE REVIEW Except when prohibited by statute, the appellate court has authority to issue orders, before or after acceptance of review or in an original action under Title 16 of these rules, to insure effective and equitable review, including authority to grant injunctive or other relief to a party. The appellate court will ordinarily condition the order on furnishing a bond or other security. A party seeking the relief provided by this rule should use the motion procedure provided in Title 17. [Adopted effective July 1, 1976; Amended effective September 1, 1990.]

citation: RAP RAP 8.3

rule_number: RAP 8.3


title: Qualifications--Encumbrance

text: RAP 8.4 QUALIFICATIONS—ENCUMBRANCE (a) Who May Be Surety. An individual who is a resident of this state or a surety company authorized to conduct a surety business in this state may be a surety on a bond. A party may not act as a surety. (b) Qualifications. The bond given by an individual surety must be accompanied by an affidavit signed by the individual affirming that (1) the surety is a resident of this state, and (2) the surety alone has or, if two or more individuals together are acting as sureties, then the sureties together have a net worth, excluding property exempt from execution, consisting of assets located in this state, equal to at least twice the penalty in the bond. The affidavit must contain a description of the assets and liabilities of the surety reasonably sufficient to identify them and state the values or amounts thereof. Any party may obtain discovery from another party or the surety or sureties concerning the values and amounts of assets and liabilities stated in the affidavit. (c) [Reserved. See rule 8.1(d).] (d) Encumbrance of Property. The court may order an individual who is a surety on a bond to encumber his or her property, or to take other action to ensure recourse to the property to satisfy the bond. References RCW 19.72.020, Individual sureties—Eligibility. [Adopted effective July 1, 1976; Amended effective September 1, 1990.]

citation: RAP RAP 8.4

rule_number: RAP 8.4


title: State as Obligee on Bond

text: RAP 8.5 STATE AS OBLIGEE ON BOND The obligee in a bond given pursuant to rule 8.1 or 8.3 may be named as the State of Washington for the benefit of whom it may concern. If the State is named as the obligee, anyone has the same right upon or concerning the bond as if named as an obligee in the bond. The State of Washington shall not, solely because the State is named as an obligee, be sued or named as a party in any suit on the bond. [Adopted effective July 1, 1976.]

citation: RAP RAP 8.5

rule_number: RAP 8.5


title: Termination of Supersedeas, Injunctions, and Other Orders

text: RAP 8.6 TERMINATION OF SUPERSEDEAS, INJUNCTIONS, AND OTHER ORDERS The issuance of the mandate as provided in rule 12.5 terminates any delay of enforcement of a trial court decision obtained pursuant to rule 8.1 and terminates orders entered pursuant to rule 8.3. References Rule 12.2, Disposition on Review. [Adopted effective July 1, 1976.]

citation: RAP RAP 8.6

rule_number: RAP 8.6


title: Composition of Record on Review

text: RAP 9.1 COMPOSITION OF RECORD ON REVIEW (a) Generally. The "record on review" may consist of (1) a "report of proceedings", (2) "clerk's papers", (3) exhibits, and (4) a certified record of administrative adjudicative proceedings. (b) Report of Proceedings. The report of any oral proceeding must be transcribed in the form of a typewritten report of proceedings. The report of proceedings may take the form of a "verbatim report of proceedings" as provided in rule 9.2, a "narrative report of proceedings" as provided in rule 9.3, or an "agreed report of proceedings" as provided in rule 9.4. (c) Clerk's Papers. The clerk's papers include the pleadings, orders, and other papers filed with the clerk of the trial court. (d) Avoid Duplication. Material appearing in one part of the record on review should not be duplicated in another part of the record on review. (e) Review of Superior Court Decision on Review of Decision of Court of Limited Jurisdiction. Upon review of a superior court decision reviewing a decision of a court of limited jurisdiction pursuant to rule 2.3(d), the record shall consist of the record of proceedings and the transcript of electronic record as defined in RALJ 6.1 and 6.3.1. When requested by the appellate court, the superior court shall transmit the original record of proceedings and transcript of electronic record as was considered by the superior court on the appeal from the decision of the court of limited jurisdiction. References Rule 13.7, Proceedings (in Supreme Court) After Acceptance of Review (of Court of Appeals decision), (a) Procedure. [Adopted effective July 1, 1976; Amended effective September 1, 1985; September 1, 1994; December 24, 2002; June 24, 2003.]

citation: RAP RAP 9.1

rule_number: RAP 9.1


title: Verbatim Report of Proceedings

text:
RAP 9.2 VERBATIM REPORT OF PROCEEDINGS (a) Transcription and Statement of Arrangements. If the party seeking review intends to provide a verbatim report of proceedings, the party should arrange for transcription of and payment for the verbatim report of proceedings within 30 days after the notice of appeal was filed or discretionary review was granted. Per GR 35(e), the transcriptionist shall receive the electronic recording directly from the trial court. The party seeking review must file with the appellate court and serve on all parties of record and all named court reporters or authorized transcriptionists a statement that arrangements have been made for the transcription of the report and file proof of service with the appellate court. The statement must be filed within 30 days after the notice of appeal was filed or discretionary review was granted. The party must indicate the date that the report of proceedings was ordered, the financial arrangements that have been made for payment of transcription costs, the name of each court reporter or authorized transcriptionist preparing a verbatim report of proceedings, the volume number and hearing dates, and the trial court judge. If the verbatim report of proceedings will be prepared by more than one court reporter or authorized transcriptionist, the statement of arrangements shall include assigned page ranges in blocks of 500 pages for each date. If the party seeking review does not intend to provide a verbatim report of proceedings, a statement to that effect should be filed in lieu of a statement of arrangements within 30 days after the notice of appeal was filed or discretionary review was granted and served on all parties of record. Verbatim reports of proceedings must include a statement that conforms with GR 35(e). (b) Content. A party should arrange for the transcription of all those portions of the verbatim report of proceedings necessary to present the issues raised on review. If the party seeking review intends to urge that a verdict or finding of fact is not supported by the evidence, the party should include in the record all evidence relevant to the disputed verdict or finding. If the party seeking review intends to urge that the court erred in giving or failing to give an instruction, the party should include in the record all of the instructions given, the relevant instructions proposed, the party's objections to the instructions given, and the court's ruling on the objections. Unless the parties agree that a cost bill will not be filed under RAP 14.2, the party claiming indigency on appeal should include in the record all portions of the trial court proceedings relating to all trial court decisions on indigency and relating to any trial court decisions on the offender’s current or likely future ability to pay discretionary legal financial obligations. (c) Notice of Partial Report of Proceedings and Issues. If a party seeking review arranges for less than all of the verbatim report of proceedings, the party should include in the statement of arrangements a statement of the issues the party intends to present on review. Any other party who wishes to add to the verbatim report of proceedings should within 10 days after service of the statement of arrangements file and serve on all other parties and the court reporter or authorized transcriptionist a supplemental statement of arrangements which designates the additional parts of the verbatim report of proceedings and file proof of service with the appellate court. If the party seeking review refuses to provide the additional parts of the verbatim report of proceedings, the party seeking the additional parts may provide them at the party's own expense or apply to the trial court for an order requiring the party seeking review to pay for the additional parts of the verbatim report of proceedings. (d) Payment of Expenses. If a party either fails to make arrangements for payment of the costs of the verbatim report of proceedings at the time the verbatim report of proceedings is ordered or fails to make payment of completed verbatim report of proceedings and causes case delay, the party may be subject to sanctions as provided in rule 18.9. (e) Volume, Title Pages, and Table of Contents. The court reporter or other authorized transcriptionist shall create a separate volume for each date or partial date of the verbatim report of proceedings that is ordered. The reporter or transcriptionist shall include at the beginning of

each volume a title page and a table of contents. (1) The title page should include the following: (A) Case name, (B) Trial court and appellate cause numbers, (C) Date(s) of hearings, (D) Trial court judge(s), (E) Names of attorneys at trial, (F) Name, business address, and telephone number of each court reporter or other authorized transcriptionist, (G) Volume number, and (H) Designated page range and actual number of pages used. (2) The table of contents shall follow the title page and shall indicate, under the headings listed below, the pages where the following appear: (A) Proceedings. The beginning of each proceeding and the nature of that proceeding; (B) Testimony. The testimony of each witness, the page where it begins, and the type of examination, i.e., direct, cross, re-direct, re-cross, and the page where the plaintiff rests and the defendant rests; (C) Exhibits. The admission into evidence of exhibits and depositions; (D) Argument. The pages where opening statements occur and the pages where closing arguments occur; (E) Instructions. All instructions proposed and given. Any other events should be listed under a suitable heading which would help the reviewing court locate separate parts of the verbatim report of proceedings. (f) Form. (1) Generally. The verbatim report of proceedings shall be on 8 1/2- by 11-inch paper. Margins shall be lined 1 3/8 inches from the left and 5/8 inches from the right side of each page. Indentations from the left lined margin should be: 1 space for "Q" and "A"; 5 spaces for the body of the testimony; 8 spaces for commencement of a paragraph; and 10 spaces for quoted authority. Typing should be double spaced except that comments by the reporter should be single spaced. The page should have 25 lines of type. Type must be pica type or its equivalent with no more than 10 characters an inch. (A) Witnesses Designated/Examination. Indicate at the top or bottom of each page the name of the witness and whether the examination is on direct, cross, re-direct, re-cross, or rebuttal. (B) Jury In/Out. Indicate when the jury is present, when the jury leaves, and when the jury returns.

(C) Bench/Side Bar Conferences. Designate whether a bench/side bar conference is on or off the record. (D) Chamber Conferences. If the conference is recorded, note the presence or absence of persons participating in chamber conferences. (E) Speaker/Event Identification. Identify speakers and events that occur throughout the proceedings in capital letters centered on the appropriate line. For example: recess/court reconvene; direct examination, cross examination, re-direct examination, re-cross examination, plaintiff rests; defendant’s evidence: direct examination, cross examination, re-direct examination, re-cross examination, defense rests; instructions, conference, closing arguments: for plaintiff, for defense, and rebuttal. (2) Volume and Pages. There shall be a separate volume of verbatim report of proceedings for each date transcribed. Pages in each volume of the verbatim report of proceedings shall be numbered consecutively and be arranged in chronologic order by date of hearing(s) requested in the statement of arrangements. References Form 15, Statement of Arrangements; Title 6, Acceptance of Review. [Adopted effective July 1, 1976; Amended effective July 2, 1976; September 1, 1985; September 1, 1993; December 10, 1993; September 1, 1994; September 1, 1998; December 24, 2002; September 1, 2010; September 1, 2015; September 1, 2017; September 1, 2018; September 1, 2022; April 29, 2025.]

citation: RAP RAP 9.2

rule_number: RAP 9.2


title: Narrative Report of Proceedings

text: RAP 9.3 NARRATIVE REPORT OF PROCEEDINGS The party seeking review may prepare a narrative report of proceedings. A party preparing a narrative report must exercise the party's best efforts to include a fair and accurate statement of the occurrences in and evidence introduced in the trial court material to the issues on review. A narrative report should be in the same form as a verbatim report, as provided in rule 9.2(e) and (f). If any party prepares a verbatim report of proceedings, that report will be used as the report of proceedings for the review. A narrative report of proceedings may be prepared if the court reporter's notes or the electronic recording of the proceeding being reviewed is lost or damaged. [Adopted effective July 1, 1976; Amended effective December 10, 1993; September 1, 2015.]

citation: RAP RAP 9.3

rule_number: RAP 9.3


title: Agreed Report of Proceedings

text: RAP 9.4 AGREED REPORT OF PROCEEDINGS The parties may prepare and sign an agreed report of proceedings setting forth only so many of the facts averred and proved or sought to be proved as are essential to the decision of the issues presented for review. The agreed report of proceedings must include only matters which were actually before the trial court. An agreed report of proceedings should be in the same form as a verbatim report, as provided in rule 9.2(e) and (f). An agreed report of proceedings may be prepared if the court reporter's notes or the electronic recording of the proceeding being reviewed is lost or damaged. [Adopted July 1, 1976; Amended effective December 10, 1993; September 1, 2015.]

citation: RAP RAP 9.4

rule_number: RAP 9.4


title: Filing and Service of Report of Proceedings--Objections

text:
RAP 9.5 FILING AND SERVICE OF REPORT OF PROCEEDINGS—OBJECTIONS (a) Generally. The party seeking review must file an agreed or narrative report of proceedings with the appellate court within 60 days after the statement of arrangements is filed. The court reporter or authorized transcriptionist preparing a verbatim report of proceedings must file it in the appellate court within 60 days after the statement of arrangements is filed and all named court reporters or authorized transcriptionists are served. The court reporter or authorized transcriptionist shall promptly notify all parties that the report of proceedings has been filed with the appellate court, and shall provide a copy of the report of proceedings to the party who arranged for the transcript. (1) A party filing a brief must promptly forward a copy of the verbatim report of proceedings with a copy of the brief to the party with the right to file the next brief. If more than one party has the right to file the next brief, the parties must cooperate in the use of the report of proceedings. The party who files the last brief should return the copy of the report of proceedings to the party who paid for it. This subsection does not apply if the party with the right to file the next brief participates in electronic filing and has thereby received electronic copies of the verbatim report of proceedings. (2) A searchable PDF electronic copy of the verbatim report of proceedings shall be filed with the original verbatim report of proceedings, with a copy provided to the party who caused the verbatim report of proceedings to be filed. The report of proceedings may be electronically filed with the appellate court in accordance with the court’s filing procedures. (b) Additional Time for Filing and Service of Verbatim Report of Proceedings. If a verbatim report of proceedings cannot be completed within 60 days after the statement of arrangements is filed and served, the court reporter or authorized transcriptionist shall, no later than 10 days before the report of proceedings is due to be filed, submit an affidavit to the party who ordered the report of proceedings stating the reasons for the delay. The party who requested the verbatim report of proceedings should move for an extension of time from the appellate court. The clerk will notify the parties of the action taken on the motion. Failure to timely file the verbatim report of proceedings and notice of service may subject the court reporter or video transcriber or authorized transcriptionist to sanctions as provided in rule 18.9. (c) Objections to Report of Proceedings. A party may serve and file objections to, and propose amendments to, a narrative report of proceedings or a verbatim report of proceedings within 10 days after receipt of the report of proceedings or receipt of the notice of filing of the report of proceedings with the appellate court. If objections or amendments to the report of proceedings are served and filed, any objections or proposed amendments must be heard by the trial court judge before whom the proceedings were held for settlement and approval, except objections to the form of a report of proceedings, which shall be heard by motion in the appellate court. The court may direct court reporters or authorized transcriptionists to pay for the expense of any modifications of the proposed report of proceedings. The motion procedure of the court deciding any objections shall be used in settling the report of proceedings. (d) Substitute Judge May Settle Report of Proceedings. If the judge before whom the proceedings were held is for any reason unable to promptly settle questions as provided in section (c), another judge may act in the place of the judge before whom the proceedings were held. References Title 6, Acceptance of Review. [Adopted effective July 1, 1976; Amended effective September 1, 1985; September 1, 1990;

September 21, 1990; December 10, 1993; September 1, 1994; September 1, 1998; December 24, 2002; September 1, 2007; September 1, 2010; September 1, 2015; September 1, 2018; September 1, 2024.]

citation: RAP RAP 9.5

rule_number: RAP 9.5


title: Designation of Clerk's Papers and Exhibits

text:
RAP 9.6 DESIGNATION OF CLERK'S PAPERS AND EXHIBITS (a) Generally. The party seeking review should, within 30 days after the notice of appeal is filed or discretionary review is granted or 30 days after appointment of counsel, whichever is later, serve on all other parties and file with the trial court clerk a designation of those clerk's papers and exhibits the party wants the trial court clerk to transmit to the appellate court. A copy of the designation shall also be filed with the appellate court clerk. Any party may supplement the designation of clerk's papers and exhibits prior to or with the filing of the party's last brief. Thereafter, a party may supplement the designation only by order of the appellate court, upon motion. Each party is encouraged to designate only clerk's papers and exhibits needed to review the issues presented to the appellate court. (b) Copies Necessary for Preparation of Designation. On request, the trial court clerk shall provide, via postal mail, electronic mail, or Internet file transfer, copies of all documents in the court file and all exhibits, regardless of format, to the parties. Copies shall be in substantially the same form as the original (e.g., copies of color photographs must be provided in color), except that the clerk may provide photographs of cumbersome exhibits that cannot feasibly be copied, such as large maps or diagrams. The clerk may charge appropriate fees for copies in accordance with applicable law. Nothing in this subsection shall be interpreted to mandate copying of exhibits whose copying is otherwise prohibited by law, such as exhibits protected under RCW 9.68A.180. Nothing in this subsection shall be interpreted to mandate copying of exhibits that consist of physical items that cannot be duplicated, such as firearms, clothing, or drugs. (c) Designation and Contents. (1) The clerk's papers shall include, at a minimum: (A) the notice of appeal or the notice for discretionary review; (B) the indictment, information, or complaint in a criminal case; (C) the summons and complaint or case initiating petition in a civil case; (D) any written order or ruling not attached to the notice of appeal, of which a party seeks review; (E) the final pretrial order, or the final complaint and answer or other pleadings setting out the issues to be tried if the final pretrial order does not set out those issues; (F) any written opinion, findings of fact, or conclusions of law; (G) any jury instruction given or refused that presents an issue on appeal; and (H) any order sealing documents if sealed documents have been designated; (I) in a criminal case where a cost bill may be filed, any order concerning the defendant’s indigency and current or likely future ability to pay discretionary legal financial obligations. (2) Each designation or supplement shall specify the full title of the pleading, the date filed, and, in counties where subnumbers are used, the clerk's subnumber. (3) Each designation of exhibits shall include the trial court clerk's list of exhibits and shall specify the exhibit number and the description of the exhibit to be transmitted.

(d) Format. (1) Full copies of all designated pleadings shall be included, unless the trial court orders otherwise. (2) The trial court clerk shall number the papers sequentially from beginning to end, including any supplemental clerk's papers, regardless of which party designated them. (3) The trial court clerk shall make available a copy of the clerk’s papers transmitted to the appellate court to any party, upon payment of the trial court clerk’s reasonable expenses. If the trial court clerk generates the clerk’s papers in electronic format, the trial court clerk shall make available to any party a copy of the clerk’s papers in electronic format, upon payment of the trial court clerk’s reasonable expenses. References Title 6, Acceptance of Review [Adopted effective July 1, 1976; Amended effective September 1, 1985; September 1, 1990; September 1, 1994; September 1, 1998; December 24, 2002; December 24, 2002; September 1, 2006; September 1, 2010; September 1, 2014; January 31, 2017; October 1, 2024.]

citation: RAP RAP 9.6

rule_number: RAP 9.6


title: Preparing Clerk's Papers and Exhibits for Appellate Court

text: RAP 9.7 PREPARING CLERK'S PAPERS AND EXHIBITS FOR APPELLATE COURT (a) Clerk’s Papers. The clerk of the trial court shall make copies at cost, not to exceed the amount authorized by RCW 36.18.016(21), of those portions of the clerk’s papers designated by the parties and prepare them for transmission to the appellate court. The clerk shall assemble the copies and number each page of the clerk’s papers in chronological order of filing, in volumes of no more than 500 pages, or, as authorized by the appellate court, transmit the numbered clerk’s papers to the appellate court in electronic format. The clerk shall prepare a cover sheet for the papers with the title “Clerk’s Papers” and prepare an alphabetical index to the papers. The clerk shall promptly send a copy of the index to each party. The reproduction costs must be paid to the trial court clerk within 14 days of receipt of the index. Failure to do so may result in sanctions under rule 18.9. Within 14 days of receiving payment, the clerk shall forward the clerk’s papers to the appellate court and to each party that has paid for copies. (b) Exhibits. The clerk of the trial court shall assemble those exhibits designated by the parties and prepare them for transmission to the appellate court. Exhibits that are papers should be assembled in the order the exhibits are numbered with a cover sheet that lists only the exhibits being transmitted and is titled "Exhibits." (c) Certified Record of Administrative Adjudicative Orders. When an administrative agency has certified the record of an administrative order for review by the superior court, the clerk of the superior court shall electronically transmit to the appellate court the record certified by the administrative agency. [Adopted effective July 1, 1976; Amended effective May 15, 1978; September 1, 1994; September 1, 1998; September 1, 2010; September 1, 2014; June 29, 2021; October 1, 2024.]

citation: RAP RAP 9.7

rule_number: RAP 9.7


title: Transmitting Clerk's Papers and Exhibits

text: RAP 9.8 TRANSMITTING CLERK’S PAPERS AND EXHIBITS (a) Duty of Trial Court Clerk. Except as provided in section (b), the clerk of the trial court shall send the clerk's papers and exhibits to the appellate court when the clerk receives payment for the preparation of the documents. The clerk shall endorse on the face of the record the date upon which the clerk’s papers are transmitted to the appellate court. (b) Cumbersome Exhibits. The clerk of the trial court shall transmit to the appellate court exhibits which are difficult or unusually expensive to transmit only if the appellate court directs or if a party makes arrangements with the clerk to transmit the exhibits at the expense of the party requesting the transfer of the exhibits. No weapons, controlled substances, hazardous items, or currency shall be forwarded unless directed by the appellate court. (c) Temporary Transmittal to Another Court. If the record or any part of it is needed in another court while a review is pending, the clerk of the appellate court will, on the order or ruling of the appellate court, transmit the record or part of it to the clerk of that court, to remain there until the purpose for which it is transmitted has been satisfied or until the clerk of the appellate court requests its return. [Adopted effective July 1, 1976; Amended effective July 2, 1976; September 1, 1994; September 1, 1998; September 1, 2010; September 1, 2015.]

citation: RAP RAP 9.8

rule_number: RAP 9.8


title: Reserved

text: RAP 9.9 [RESERVED] [Reserved effective September 1, 2015.]

citation: RAP RAP 9.9

rule_number: RAP 9.9


title: Correcting or Supplementing Record

text: RAP 9.10 CORRECTING OR SUPPLEMENTING RECORD If a party has made a good faith effort to provide those portions of the record required by rule 9.2(b), the appellate court will not ordinarily dismiss a review proceeding or affirm, reverse, or modify a trial court decision or administrative adjudicative order certified for direct review by the superior court because of the failure of the party to provide the appellate court with a complete record of the proceedings below. If the record is not sufficiently complete to permit a decision on the merits of the issues presented for review, the appellate court may, on its own initiative or on the motion of a party (1) direct the transmittal of additional clerk's papers and exhibits or administrative records and exhibits certified by the administrative agency, or (2) correct, or direct the supplementation or correction of, the report of proceedings. The appellate court or trial court may impose sanctions as provided in rule 18.9(a) as a condition to correcting or supplementing the record on review. The party directed or permitted to supplement the record on review must file either a designation of clerk’s papers as provided in rule 9.6 or a statement of arrangements as provided in rule 9.2 within the time set by the appellate court. [Adopted effective July 1, 1976; Amended effective September 1, 1994; September 1, 1998; September 1, 2015.]

citation: RAP RAP 9.10


title: Additional Evidence on Review

text: RAP 9.11 ADDITIONAL EVIDENCE ON REVIEW (a) Remedy Limited. The appellate court may direct that additional evidence on the merits of the case be taken before the decision of a case on review if: (1) additional proof of facts is needed to fairly resolve the issues on review, (2) the additional evidence would probably change the decision being reviewed, (3) it is equitable to excuse a party's failure to present the evidence to the trial court, (4) the remedy available to a party through postjudgment motions in the trial court is inadequate or unnecessarily expensive, (5) the appellate court remedy of granting a new trial is inadequate or unnecessarily expensive, and (6) it would be inequitable to decide the case solely on the evidence already taken in the trial court. (b) Where Taken. The appellate court will ordinarily direct the trial court to take additional evidence and find the facts based on that evidence. [Adopted effective July 1, 1976; Amended effective; September 1, 1994.]

citation: RAP RAP 9.11


title: Special Rule for Order on Summary Judgment

text: RAP 9.12 SPECIAL RULE FOR ORDER ON SUMMARY JUDGMENT On review of an order granting or denying a motion for summary judgment the appellate court will consider only evidence and issues called to the attention of the trial court. The order granting or denying the motion for summary judgment shall designate the documents and other evidence called to the attention of the trial court before the order on summary judgment was entered. Documents or other evidence called to the attention of the trial court but not designated in the order shall be made a part of the record by supplemental order of the trial court or by stipulation of counsel. [Adopted effective July 1, 1976; Amended effective September 1, 1990.]

citation: RAP RAP 9.12


title: Review of Decision Relating to Record

text: RAP 9.13 REVIEW OF DECISION RELATING TO RECORD A party may object to a trial court decision relating to the record by motion in the appellate court. [Adopted effective July 1, 1976; Amended effective September 1, 1994.]

citation: RAP RAP 9.13


title: Appellate Counsel Access to Trial Court Record and Exhibits

text: RAP 9.14 APPELLATE COUNSEL ACCESS TO TRIAL COURT RECORD AND EXHIBITS The clerk of the trial court shall treat appellate counsel who appears for or is appointed to represent a party on appeal as counsel for the party for purposes of accessing the trial court record, including sealed and confidential records in juvenile proceedings. The clerk may require appellate counsel to provide the name of a specific attorney serving as appellate counsel, not simply the name of the appointed law firm or organization. [Adopted effective October 1, 2024.]

citation: RAP RAP 9.14


title: Briefs Which May Be Filed

text: RAP 10.1 BRIEFS WHICH MAY BE FILED (a) Scope of Title. The rules in this title apply only to the briefs referred to in this rule, unless a particular rule indicates a different application is intended. (b) Briefs Which May Be Filed in Any Review. The following briefs may be filed in any review: (1) a brief of appellant or petitioner, (2) a brief of respondent, and (3) a reply brief of appellant or petitioner. (c) Reply Brief of Respondent. If the respondent is also seeking review, the respondent may file a brief in reply to the response the appellant or petitioner has made to the issues presented by respondent's review. (d) [Reserved; see rule 10.10] (e) Amicus Curiae Brief. An amicus curiae brief may be filed only if permission is obtained as provided in rule 10.6. If an amicus curiae brief is filed, a brief in answer to the brief of amicus curiae may be filed by a party. (f) Briefs in Cases Involving Cross Review. If a cross review is filed, the party first filing a notice of appeal or notice of discretionary review is deemed the appellant or petitioner for the purpose of this title, unless the parties otherwise agree or the appellate court otherwise orders. The following briefs may be filed in cases involving cross review: (1) brief of appellant, (2) brief of respondent/cross appellant, (3) reply brief of appellant/cross respondent, and (4) reply brief of cross appellant. (g) Briefs in Consolidated Cases and in Cases Involving Multiple Parties. In cases consolidated for the purpose of review and in a case with more than one party to a side, a party may (1) join with one or more other parties in a single brief, or (2) file a separate brief and adopt by reference any part of the brief of another. (h) Other Briefs. The appellate court may in a particular case, on its own motion or on motion of a party, authorize or direct the filing of briefs on the merits other than those listed in this rule. References Rule 13.7, Proceedings (in Supreme Court) After Acceptance of Review (of Court of Appeals decision), (a) Procedure; Rule 16.10, Personal Restraint Petition--Briefs. [Adopted effective July 1, 1976; Amended effective September 1, 1998; December 24, 2002.]

citation: RAP RAP 10.1


title: Time for Filing Briefs

text: RAP 10.2 TIME FOR FILING BRIEFS (a) Brief of Appellant or Petitioner. The brief of an appellant or petitioner should be filed with the appellate court within 60 days after the report of proceedings is filed in the appellate court; or, if the record on review does not include a report of proceedings, within 45 days after the party seeking review has filed the designation of clerk's papers and exhibits in the trial court. (b) Brief of Respondent in Civil Case. The brief of a respondent in a civil case should be filed with the appellate court within 30 days after service of the brief of appellant or petitioner. (c) Brief of Respondent in Criminal Case. The brief of a respondent in a criminal case should be filed with the appellate court within 60 days after service of the brief of appellant or petitioner. (d) Reply Brief. A reply brief of an appellant or petitioner should be filed with the appellate court within 30 days after service of the brief of respondent unless the court orders otherwise. (e) [Reserved; see rule 10.10.] (f) Brief of Amicus Curiae. Unless the court sets a different date, or allows a later date upon a showing of particular justification, a brief of amicus curiae should be filed as follows: (1) Supreme Court. A brief of amicus curiae should be received by the court, counsel of record for the parties, and any other amicus curiae not later than 45 days before oral argument or consideration of the merits. (2) Court of Appeals. A brief of amicus curiae should be received by the court, counsel of record for the parties, and any other amicus curiae not later than 45 days after the filing of the last brief of respondent permitted under rule 10.2(b) or 10.2(c). (g) Answer to Brief of Amicus Curiae. A brief in answer to the brief of amicus curiae may be filed with the appellate court not later than the date fixed by the appellate court. (h) Service of Briefs. At the time a party files a brief, the party should serve one copy on every other party and on any amicus curiae, and file proof of service with the appellate court. Separate service and separate proof of service is not necessary as to parties or amici participating in electronic filing. (i) Sanctions for Late Filing and Service. The appellate court will ordinarily impose sanctions under rule 18.9 for failure to timely file and serve a brief. References Rule 18.6, Computation of Time, (c) Filing by mail. [Adopted effective July 1, 1976; Amended effective September 1, 1990; September 1, 1991; September 1, 1994; September 1, 1998; September 1, 1999; December 24, 2002; September 1, 2006; September 1, 2014; September 1, 2015; September 1, 2018; September 1, 2022; October 1, 2024; September 1, 2025.]

citation: RAP RAP 10.2


title: Content of Brief

text:
RAP 10.3 CONTENT OF BRIEF (a) Brief of Appellant or Petitioner. The brief of the appellant or petitioner should contain under appropriate headings and in the order here indicated: (1) Title Page. 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 references to the pages of the brief where cited. (3) Introduction. A concise introduction. This section is optional. The introduction need not contain citations to the record for authority. (4) Assignments of Error. A separate concise statement of each error a party contends was made by the trial court, together with the issues pertaining to the assignments of error. (5) Statement of the Case. A fair statement of the facts and procedure relevant to the issues presented for review, without argument. Reference to the record must be included for each factual statement. (6) Argument. The argument in support of the issues presented for review, together with citations to legal authority and references to relevant parts of the record. The argument may be preceded by a summary. The court ordinarily encourages a concise statement of the standard of review as to each issue. (7) Conclusion. A short conclusion stating the precise relief sought. (8) Appendix. An appendix to the brief if deemed appropriate by the party submitting the brief. An appendix may not include materials not contained in the record on review without permission from the appellate court, except as provided in rule 10.4(c). (b) Brief of Respondent. The brief of respondent should conform to section (a) and answer the brief of appellant or petitioner. A statement of the issues and a statement of the case need not be made if respondent is satisfied with the statement in the brief of appellant or petitioner. If a respondent is also seeking review, the brief of respondent must state the assignments of error and the issues pertaining to those assignments of error presented for review by respondent and include argument of those issues. (c) Reply Brief. A reply brief should conform with subsections (1), (2), (6), (7), and (8) of section (a) and be limited to a response to the issues in the brief to which the reply brief is directed. (d) [Reserved; see rule 10.10.] (e) Amicus Curiae Brief. The brief of amicus curiae should conform to section (a), except assignments of error are not required and the brief should set forth a separate section regarding the identity and interest of amicus and be limited to the issues of concern to amicus. Amicus must review all briefs on file and avoid repetition of matters in other briefs. (f) Answer to Brief of Amicus Curiae. The brief in answer to a brief of amicus curiae should be limited solely to the new matters raised in the brief of amicus curiae. (g) Special Provision for Assignments of Error. A separate assignment of error for each instruction which a party contends was improperly given or refused must be included with reference to each instruction or proposed instruction by number. A separate assignment of error

for each finding of fact a party contends was improperly made must be included with reference to the finding by number. The appellate court will only review a claimed error which is included in an assignment of error or clearly disclosed in the associated issue pertaining thereto. (h) Assignments of Error on Review of Certain Administrative Orders. In addition to the assignments of error required by rules 10.3(a)(4) and 10.3(g), the brief of an appellant or respondent who is challenging an administrative adjudicative order under chapter 34.05 RCW shall set forth a separate concise statement of each error which a party contends was made by the agency issuing the order, together with the issues pertaining to each assignment of error. References Form 5, Title Page for all Briefs and Petition for Review; Form 6, Brief of Appellant; Rule 3.4, Title of Case and Designation of Parties; Rule 18.1, Attorney Fees and Expenses, (b) Argument in brief. [Adopted effective July 1, 1976; Amended effective September 1, 1985; September 1, 1994; September 1, 1997; September 1, 1998; December 24, 2002; September 1, 2006; September 1, 2010; September 1, 2014; April 21, 2020.]

citation: RAP RAP 10.3


title: Preparation and Filing of Brief by Party

text: RAP 10.4 PREPARATION AND FILING OF BRIEF BY PARTY (a) Format of Brief. Briefs shall comply with the formatting requirements of RAP 18.17. (b) Length of Brief. Briefs shall comply with the formatting requirements of RAP 18.17. (c) Text of Statute, Rule, Jury Instruction, Exhibit, or the Like. If a party presents an issue that requires study of a statute, rule, regulation, jury instruction, finding of fact, exhibit, or the like, the party should type the material portions of the text out verbatim or include them by copy in the text or in an appendix to the brief. Pictorial images may be copied in the body of the text or in an appendix and may be in color, notwithstanding GR 14(a). (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) Reference to Party. References to parties by such designations as “appellant” and “respondent” should be kept to a minimum. It promotes clarity to use the designations used in the lower court, the actual names of the parties, or descriptive terms such as “the employee,” “the injured person,” and “the taxpayer.” (f) Reference to Record. A reference to the record should designate the page and part of the record. Exhibits should be referred to by number. The clerk’s papers should be abbreviated as “CP”; exhibits should be abbreviated as “Ex”; administrative records should be abbreviated as “AR”; and the report of proceedings should be abbreviated as “RP.” Suitable abbreviations for other recurrent references may be used. (g) Citation Format. Citations should conform with the format prescribed by the Reporter of Decisions pursuant to GR 14(d). The format requirements of GR 14(a)-(b) do not apply to briefs filed in an appellate court. (h) Unpublished Opinions. [Reserved. See GR 14.1.] [Adopted effective July 1, 1976; Amended effective July 2, 1976; September 1, 1985; September 1, 1990; September 1, 1993; September 1, 1994; December 30, 1997; September 1, 1998; September 1, 2000; December 24, 2002; September 1, 2003; September 1, 2006; September 1, 2007; September 1, 2010; September 1, 2018; September 1, 2021; September 1, 2022; September 1, 2024.]

citation: RAP RAP 10.4


title: Reproduction and Service of Briefs

text: RAP 10.5 REPRODUCTION AND SERVICE OF BRIEFS (a) Reproduction of Brief. The appellate court clerk may arrange for the economical reproduction of each brief and bill the party or amicus filing the brief for the cost of reproduction. If the clerk reproduces a brief, the clerk will reproduce only the number of copies deemed necessary by the commissioner or clerk. The party or amicus must pay the cost of reproduction of the brief within 10 days after receiving the bill from the clerk. (b) Distribution of Brief. A party filing a brief must serve it in accordance with rules 10.2(h) and 18.5(a). The state law librarian shall determine how many copies of briefs from the Supreme Court and the Court of Appeals are to be transmitted to the State Law Library. The briefs will be transmitted by the clerks and provided at no cost to the State Law Library. (c) Notice to Appellant in Criminal Case When Defendant is Appellant. In a criminal case, the clerk will, at the time of filing of defendant/appellant’s brief, advise the defendant/appellant of the provisions of rule 10.10. [Adopted effective July 1, 1976; Amended effective July 1, 1976; September 1, 1990; June 23, 1995; September 1, 1998; December 24, 2002; September 1, 2006; June 27, 2023.]

citation: RAP RAP 10.5


title: Amicus Curiae Brief

text: RAP 10.6 AMICUS CURIAE BRIEF (a) When Allowed by Motion. The appellate court may on motion grant permission to file an amicus curiae brief only if all parties consent, or if the filing of the brief would assist the appellate court. An amicus curiae brief may be filed only by an attorney authorized to practice law in this state, or by a member in good standing of the Bar of another state in association with an attorney authorized to practice law in this state. (b) Motion. A motion to file an amicus curiae brief must include a statement of (1) applicant’s interest and the person or group applicant represents, (2) applicant’s familiarity with the issues involved in the review and with the scope of the argument presented or to be presented by the parties, (3) specific issues to which the amicus curiae brief will be directed, and (4) applicant’s reason for believing that additional argument is necessary on these specific issues. The brief of amicus curiae may be filed with the motion. (c) On Request of the Appellate Court. The appellate court may ask for an amicus brief at any stage of review, and establish appropriate timelines for the filing of the amicus brief and answer thereto. (d) Objection to Motion. An objection to a motion to file an amicus curiae brief must be received by the appellate court and counsel of record for the parties and the applicant not later than 5 business days after receipt of the motion. (e) Disposition of Motions. The Supreme Court and each division of the Court of Appeals shall establish by general order the manner of disposition of a motion to file an amicus curiae brief, including whether such disposition is reviewable or subject to reconsideration by the particular court. [Adopted effective July 1, 1976; Amended September 1, 1999.]

citation: RAP RAP 10.6


title: Submission of Improper Brief

text: RAP 10.7 SUBMISSION OF IMPROPER BRIEF If a party submits a brief that fails to comply with the requirements of Title 10 and RAP 18.17, the appellate court, on its own initiative or on the motion of a party, may (1) order the brief returned for correction or replacement within a specified time, (2) order the brief stricken from the files with leave to file a new brief within a specified time, or (3) accept the brief. The appellate court will ordinarily impose sanctions on a party or counsel for a party who files a brief that fails to comply with these rules. [Adopted effective July 1, 1976; Amended effective July 2, 1976; December 24, 2002; September 1, 2021.]

citation: RAP RAP 10.7


title: Additional Authorities

text: RAP 10.8 ADDITIONAL AUTHORITIES (a) Generally. A party or amicus curiae may file a statement of additional authorities. The additional authorities must relate to a point made in the briefing or at oral argument. (b) Contents. The statement must include argument explaining the reasons for the additional authorities and must include a pinpoint citation either to the pertinent page of the brief or to a point argued orally. The body of the statement must not exceed 350 words (word processing software) or one page (typewritten or handwritten). The statement of additional authorities shall be accompanied by a certificate of compliance as set forth in RAP 18.17(b). (c) Response. Any response to the statement of additional authorities must be filed within seven days after the statement is filed and also must be limited to 350 words (word processing software) or one page (typewritten or handwritten). The response shall be accompanied by a certificate of compliance as set forth in RAP 18.17(b). [Adopted effective July 1, 1976; Amended effective September 1, 1999; December 24, 2002; September 1, 2021; September 1, 2022.]

citation: RAP RAP 10.8


title: Corresponding Briefs on CD-ROM

text: RAP 10.9 CORRESPONDING BRIEFS ON CD-ROM (a) Filing Corresponding Briefs on Compact Disc. The submission of briefs and appendices on compact disc read-only memory (CD-ROM), referred to in this rule as corresponding briefs, filed as companions to printed briefs is allowed and encouraged, provided that the Supreme Court and each Division of the Court of Appeals may by general order vary any of the conditions of this Rule, and may prohibit the filing of corresponding briefs. (b) Conditions of filing. A party may file corresponding briefs upon 14 days notice to all other parties and the court, subject to the following requirements: (1) Content. A CD-ROM with corresponding briefs must contain all appellate briefs filed by all parties. Corresponding briefs must be identical in content to the paper briefs. Corresponding briefs may provide hypertext links to the report of proceedings and clerks papers and to materials cited in the briefs such as cases, statutes, treatises, law review articles, and similar authorities. If any briefs are hyperlinked, all briefs must be similarly hyperlinked by the submitting party. All materials to which a hyperlink is provided must be included on the disc. (2) Format. Corresponding briefs must come fully equipped with their own viewing program; or, if the disk does not contain its own viewing program, the briefs must be viewable within a version of a program such as Adobe Acrobat, Microsoft Word Viewer, or WordPerfect that is downloadable from the Internet at no cost to the user. (3) Statement Concerning Instructions and Viruses. Corresponding briefs must be accompanied by a statement, preferably within or attached to the packaging, that (A) sets forth the instructions for viewing the briefs and the minimum equipment required for viewing; and (B) verifies the absence of computer viruses and lists the software used to ensure that the briefs are virus-free. (c) Joint Submission. Upon receiving notice of intent to file corresponding briefs, within 14 days any other party may file notice of intent to join in the submission. When one or more parties join in the submission, the parties shall cooperate in preparing a joint submission. Absent agreement to the contrary, each party shall arrange for preparation of its own briefs for the joint submission and the party first giving notice shall create the CD-ROM. (d) Non-Joint Submission. No party is required to prepare a corresponding brief. A party shall cooperate in good faith in the preparation of corresponding briefs by expeditiously providing the submitting party with the party's brief or briefs in electronic format, if available. (e) Time of Filing. Corresponding briefs must be filed no later than 60 days after the final reply brief. This rule does not affect deadlines for paper briefs. Additional time may be granted for completion of the corresponding briefs. (f) Costs. The costs incurred in preparing and filing corresponding briefs are not recoverable costs under Title 14 or as attorney fees under Title 18 of these Rules. [Adopted effective December 5, 2002.]

citation: RAP RAP 10.9


title: Statement of Additional Grounds for Review

text: RAP 10.10 STATEMENT OF ADDITIONAL GROUNDS FOR REVIEW (a) Statement Permitted. In a criminal case on direct appeal, the defendant may file a pro se statement of additional grounds for review to identify and discuss those matters related to the decision under review that the defendant believes have not been adequately addressed by the brief filed by the defendant’s counsel. (b) Length and Legibility. The statement may be submitted in handwriting so long as it is legible and can be reproduced by the clerk. The statement should comply with the formatting requirements and length limitations of RAP 18.17. (c) Citations; Identification of Errors. Reference to the record and citation to authorities are not necessary or required, but the appellate court will not consider a defendant’s statement of additional grounds for review if it does not inform the court of the nature and occurrence of alleged errors. Except as required in cases in which counsel files a motion to withdraw as set forth in RAP 18.3(a)(2), the appellate court is not obligated to search the record in support of claims made in a defendant’s statement of additional grounds for review. Only documents that are contained in the record on review should be attached or referred to in the statement. (d) Time for Filing. The statement of additional grounds for review should be filed within 35 days after the filing of the brief filed by the defendant’s counsel. The defendant’s counsel is responsible for promptly advising the defendant of the substance of this rule when they provide the defendant a copy of the brief being filed by counsel. The clerk will advise all parties if the defendant files a statement of additional grounds for review. (e) Report of Proceedings. If within 30 days after the mailing of the notice referenced in subsection (d) above, defendant requests a copy of the verbatim report of proceedings from defendant’s counsel, counsel should promptly mail a copy of the verbatim report of proceedings to the defendant and should file in the appellate court a certificate of mailing, which need not state the address the report of proceedings was mailed to. The pro se statement of additional grounds for review should then be filed within 35 days after the certificate of mailing is filed. The cost for producing and mailing the verbatim report of proceedings for an indigent defendant will be reimbursed to counsel from the Office of Public Defense in accordance with Title 15 of these rules. (f) Additional Briefing. The appellate court may, in the exercise of its discretion, request additional briefing from counsel to address issues raised in the defendant’s pro se statement. [Adopted effective December 24, 2002; Amended effective September 1, 2014; September 1, 2021; September 1, 2022; July 9, 2024.]

citation: RAP RAP 10.10


title: Oral Arguments to Which Title Applies

text: RAP 11.1 ORAL ARGUMENTS TO WHICH TITLE APPLIES The rules in this title apply to all oral argument in the appellate court except an argument on a motion. References Rule 17.5, Oral Argument of Motion. [Adopted effective July 1, 1976.]

citation: RAP RAP 11.1


title: Who May Present Oral Argument

text: RAP 11.2 WHO MAY PRESENT ORAL ARGUMENT (a) Party. A party of record may present oral argument only if the party has filed a brief. (b) Amicus Curiae. Amicus curiae may present oral argument only if time is made available for the argument by a party, or if the appellate court grants additional time for argument by amicus curiae. [Adopted effective July 1, 1976.]

citation: RAP RAP 11.2


title: Date of Argument

text: RAP 11.3 DATE OF ARGUMENT (a) Notice. The clerk will advise all parties and others who have filed briefs of the time and place of oral argument and the members of the court who will consider the case on the merits. (b) Rescheduling. A request to reschedule oral argument must be made by motion filed within 10 days of receipt of the letter setting the date for oral argument, except upon a showing of good cause. [Adopted effective July 1, 1976; Amended effective September 1, 1998; September 1, 2010; September 1, 2018.]

citation: RAP RAP 11.3


title: Time Allowed, Order, and Conduct of Oral Argument

text: RAP 11.4 TIME ALLOWED, ORDER, AND CONDUCT OF ORAL ARGUMENT (a) Time Allowed to a Party. The Supreme Court and each division of the Court of Appeals will define by general order the amount of time each side is allowed for oral argument. If there is more than one party to a side in a single review or in a consolidated review, the parties on that side will share the allotted time equally, unless the parties on that side agree to some other allocation. The appellate court may grant additional time for oral argument upon motion of a party. (b) Time Allowed to Amicus Curiae. Amicus curiae may present oral argument with the consent of a party and within a portion of the time for oral argument allocated to that party, or within the time allowed by the court. (c) Order of Argument. The appellant or petitioner is entitled to open and conclude oral argument. The party first filing a notice of appeal or a notice for discretionary review is deemed the appellant or petitioner for the purpose of this rule. (d) Cross Review. The argument on any cross review must be made at the same time as the argument on the initial review. (e) Failure To Appear. The appellate court will hear argument on behalf of a party who has filed a brief who appears at the time of oral argument. If none of the parties to the review appears for oral argument, the court may order oral argument at a later time or may decide the case on the briefs. (f) Scope of Argument. The court ordinarily encourages oral argument. The opening argument may include a fair and concise statement of the facts of the case. Counsel need not argue all issues raised and argued in the briefs. (g) Reading at Length. Counsel should avoid reading at length from briefs, records, or authorities. (h) Duplication of Argument. Counsel should avoid duplication of argument, particularly if there are multiple parties arguing in support of the same issue. (i) Use of Exhibits. Counsel may, to promote clarity of argument, use exhibits brought up as a part of the record and demonstrative or illustrative exhibits not a part of the record. Counsel should arrange, before court convenes, for the placement in the courtroom of exhibits and equipment to be used in oral argument. (j) Submitting Case without Oral Argument. The appellate court may, on its own initiative or on motion of a party, decide a case without oral argument. If the appellate court decides that the case will be decided without oral argument, the clerk will advise the parties and others who have filed briefs of the date the case is set for consideration on the merits. References Rule 18.8, Waiver of Rules and Extension and Reduction of Time. [Adopted effective July 1, 1976; Amended effective September 1, 1994; December 24, 2002; September 1, 2006.]

citation: RAP RAP 11.4


title: Reserved

text: RAP 11.5 [RESERVED] [Rescinded effective December 24, 2002.]

citation: RAP RAP 11.5


title: Reserved

text: RAP 11.6 [RESERVED] [Rescinded effective December 24, 2002.]

citation: RAP RAP 11.6


title: Basis for Decision

text: RAP 12.1 BASIS FOR DECISION (a) Generally. Except as provided in section (b), the appellate court will decide a case only on the basis of issues set forth by the parties in their briefs. (b) Issues Raised by the Court. If the appellate court concludes that an issue which is not set forth in the briefs should be considered to properly decide a case, the court may notify the parties and give them an opportunity to present written argument on the issue raised by the court. [Adopted effective July 1, 1976.]

citation: RAP RAP 12.1


title: Disposition on Review

text: RAP 12.2 DISPOSITION ON REVIEW The appellate court may reverse, affirm, or modify the decision being reviewed and take any other action as the merits of the case and the interest of justice may require. Upon issuance of the mandate of the appellate court as provided in rule 12.5, the action taken or decision made by the appellate court is effective and binding on the parties to the review and governs all subsequent proceedings in the action in any court, unless otherwise directed upon recall of the mandate as provided in rule 12.9, and except as provided in rule 2.5(c)(2). After the mandate has issued, the trial court may, however, hear and decide postjudgment motions otherwise authorized by statute or court rule so long as those motions do not challenge issues already decided by the appellate court. References Rule 2.5, Circumstances Which May Affect Scope of Review, (c) Law of the case doctrine restricted; Rule 8.6, Termination of Supersedeas, Injunctions, and Other Orders; Rule 18.1, Attorney Fees and Expenses, (e) Fees and expenses determined after remand. [Adopted effective July 1, 1976; Amended effective September 1, 1994.]

citation: RAP RAP 12.2


title: Forms of Decision

text: RAP 12.3 FORMS OF DECISION (a) Decision Terminating Review. A "decision terminating review" is an opinion, order, or judgment of the appellate court or a ruling of a commissioner or clerk of an appellate court if it: (1) Is filed after review is accepted by the appellate court filing the decision; and (2) Terminates review unconditionally; and (3) Is (i) a decision on the merits, or (ii) a decision by the judges dismissing review, or (iii) a ruling by a commissioner or clerk dismissing review, or (iv) an order refusing to modify a ruling by the commissioner or clerk dismissing review. (b) Interlocutory Decision. An "interlocutory decision" is any opinion, order, or judgment of the appellate court or ruling of a commissioner or clerk which is not a decision terminating review. (c) Ruling. A "ruling" is any determination of a commissioner or clerk of an appellate court. The ruling may be a decision terminating review or an interlocutory decision. (d) Publication of Opinions--Court of Appeals. A majority of the panel issuing an opinion will determine if it will be printed in the Washington Appellate Reports pursuant to RCW 2.06.040 or be filed for public record only. In determining whether the opinion will be published in the Washington Appellate Reports, the panel will use at least the following criteria: (1) Whether the decision determines an unsettled or new question of law or constitutional principle; (2) whether the decision modifies, clarifies or reverses an established principle of law; (3) whether a decision is of general public interest or importance; or (4) whether a case is in conflict with a prior opinion of the Court of Appeals. (e) Motion To Publish. A motion requesting the Court of Appeals to publish an opinion that had been ordered filed for public record should be served and filed within 20 days after the opinion has been filed. The motion must be supported by addressing the following criteria: (1) if not a party, the applicant's interest and the person or group applicant represents; (2) applicant's reasons for believing that publication is necessary; (3) whether the decision determines an unsettled or new question of law or constitutional principle; (4) whether the decision modifies, clarifies or reverses an established principle of law; (5) whether the decision is of general public interest or importance; or (6) whether the decision is in conflict with a prior opinion of the Court of Appeals. A party should not file an answer to a motion to publish or a reply to an answer unless requested by the appellate court. The court will not grant a motion to publish without requesting an answer. References Rule 17.6, Motion Decided by Ruling or Order. [Adopted effective July 1, 1976; Amended effective September 18, 1992; September 1, 1998; December 24, 2002; September 1, 2006.]

citation: RAP RAP 12.3


title: Motions for Reconsideration of Decision Terminating Review

text: RAP 12.4 MOTION FOR RECONSIDERATION OF DECISION TERMINATING REVIEW (a) Generally. A party may file a motion for reconsideration only of a decision by the judges (1) terminating review, or (2) granting or denying a personal restraint petition on the merits. The motion should be in the form and be served and filed as provided in rules 17.3(a), 17.4(a) and (g), 18.5, and 18.17, except as otherwise provided in this rule. A party may not file a motion for reconsideration of a decision by a single judge. A party may not file a motion for reconsideration of an order refusing to modify a ruling by the commissioner or clerk, nor may a party file a motion for reconsideration of a Supreme Court order denying a petition for review. (b) Time. The party must file the motion for reconsideration within 20 days after the decision the party wants reconsidered is filed in the appellate court. (c) Content. The motion should state with particularity the points of law or fact which the moving party contends the court has overlooked or misapprehended, together with a brief argument on the points raised. (d) Answer and Reply. A party should not file an answer to a motion for reconsideration or a reply to an answer unless requested by the appellate court. (e) Length. The motion, answer, or reply should comply with the limitations in RAP 18.17. (f) No Oral Argument. A motion for reconsideration will be decided without oral argument. (g) Grant of Motion. If a motion for reconsideration is granted, the appellate court may (1) modify the decision without new argument, (2) call for new argument, or (3) take such other action as may be appropriate. (h) Only One Motion Permitted. Each party may file only one motion for reconsideration, unless the appellate court withdraws its opinion and files a subsequent opinion. Any party adversely affected by the subsequent opinion may file a motion for reconsideration. (i) Amicus Curiae Memoranda. When a motion for reconsideration has been filed, the appellate court may grant permission to file an amicus curiae memorandum for the purpose of addressing the court regarding the soundness of legal principles announced in the course of the opinion. Absent a showing of particular justification, an amicus curiae memorandum should be received by the court and counsel of record for the parties and any other amicus curiae not later than 5 days after the motion for reconsideration has been filed. Rules 10.4 and 10.6 should govern generally disposition of a motion to file an amicus curiae memorandum, except that no answer to an amicus curiae memorandum should be filed unless requested by the court. An amicus curiae memorandum or answer should comply with the length limitations in RAP 18.17. References Rule 17.3, Content of Motion, (a) Generally; Rule 17.4, Filing and Service of Motion-Response to Motion, (a) Filing and service generally, (g) Form of papers and number of copies; Rule 18.8, Waiver of Rules and Extension and Reduction of Time. [Adopted effective July 1, 1976; Amended effective July 2, 1976; September 1, 1994; September 1, 1998; September 1, 1999; December 24, 2002; September 1, 2010; September 1, 2021; October 1, 2024.]

citation: RAP RAP 12.4


title: Mandate

text:
RAP 12.5 MANDATE (a) Mandate Defined. A "mandate" is the written notification by the clerk of the appellate court to the trial court and to the parties of an appellate court decision terminating review. No mandate issues for an interlocutory decision of the appellate court. (b) When Mandate Issued by Court of Appeals. The Clerk of the Court of Appeals will issue the mandate for a Court of Appeals decision terminating review upon stipulation of the parties that no motion for reconsideration or petition for review will be filed. In the absence of that stipulation, and except to the extent the mandate is stayed as provided in rule 12.6, the clerk will issue the mandate: (1) Thirty (30) days after the decision is filed, unless (i) a motion for reconsideration of the decision or a motion to publish has been earlier filed, (ii) a petition for review to the Supreme Court has been earlier filed, or (iii) the decision is a ruling of the commissioner or clerk and a motion to modify the ruling has been earlier filed. (2) If a motion for reconsideration or motion to publish is timely filed, 30 days after expiration of the time for filing a petition for review under rule 13.4(a). (3) If a petition for review has been timely filed and denied by the Supreme Court, upon denial of the petition for review. (c) When Mandate Issued by Supreme Court. (1) The clerk of the Supreme Court issues the mandate for a Supreme Court decision terminating review upon stipulation of the parties that no motion for reconsideration will be filed. (2) In the absence of such a stipulation, except in a case in which the penalty of death is to be imposed, the clerk issues the mandate twenty days after the decision is filed, unless (i) a motion for reconsideration has been earlier filed, or (ii) the decision is a ruling of the commissioner or clerk and a motion to modify the ruling has been earlier filed. If a motion for reconsideration is timely filed and denied, the clerk will issue the mandate upon filing the order denying the motion for reconsideration. (3) In a case in which the penalty of death is to be imposed, unless the parties stipulate to earlier issuance of the mandate, the clerk will issue the mandate upon the expiration of the time for applying for review by the United States Supreme Court, or, if such an application is timely filed, upon receipt of the Supreme Court’s order disposing of the matter. (d) Copies Provided in Criminal Case. When the appellate court remands a criminal case to the trial court, the clerk of the appellate court shall transmit a copy of the mandate to the presiding judge of the trial court, to trial counsel of record, and to the clerk of the trial court. (e) Certificate of Finality. A Certificate of Finality is the written notification by the clerk of the appellate court to the trial court and to the parties of the completion of the proceeding in the appellate court when review is not accepted. The clerk of the Court of Appeals will issue the

Certificate of Finality 30 days after the decision is filed unless (i) a motion to modify has been earlier filed or (ii) a motion for discretionary review to the Supreme Court has been earlier filed. [Adopted effective July 1, 1976; Amended effective January 1, 1981; September 1, 1985; September 1 1990; September 1, 1993; September 1, 1998; September 1, 2010.]

citation: RAP RAP 12.5


title: Stay of Mandate Pending Decision on Application for Review by United States Supreme Court

text: RAP 12.6 STAY OF MANDATE PENDING DECISION ON APPLICATION FOR REVIEW BY UNITED STATES SUPREME COURT Except as provided in RAP 12.5, the appellate court will not stay issuance of the mandate for the length of time necessary to secure a decision by the United States Supreme Court on an application for review. In the event that the United States Supreme Court accepts review or grants certiorari and remands a case to the appellate court for further consideration, the clerk will recall the mandate. [Adopted effective July 1, 1976; Amended effective September 1, 1993; November 20, 2018.]

citation: RAP RAP 12.6


title: Finality of Decision

text: RAP 12.7 FINALITY OF DECISION (a) Court of Appeals. The Court of Appeals loses the power to change or modify its decision (1) upon issuance of a mandate in accordance with rule 12.5, except when the mandate is recalled as provided in rule 12.9, (2) upon acceptance by the Supreme Court of review of the decision of the Court of Appeals, or (3) upon issuance of a certificate of finality as provided in rules 12.5(e) and rule 16.15(e). (b) Supreme Court. The Supreme Court loses the power to change or modify a decision of the Court of Appeals upon issuance of the mandate of the Court of Appeals in accordance with rule 12.5, except when the mandate is recalled as provided in rule 12.9. The Supreme Court loses the power to change or modify a Supreme Court decision upon issuance of the mandate of the Supreme Court in accordance with rule 12.5, except when the mandate is recalled as provided in rule 12.9. (c) Special Rule for Costs and Attorney Fees and Expenses. The appellate court retains the power after the issuance of the mandate or certificate of finality to act on questions of costs as provided in Title 14 and on questions of attorney fees and expenses as provided in rule 18.1. (d) Special Rule for Law of the Case. The appellate court retains the power to change a decision as provided in rule 2.5(c)(2). References Rule 2.5, Circumstances Which May Affect Scope of Review, (c) Law of the case doctrine restricted, (2) Prior appellate court decision. [Adopted effective July 1, 1976; Amended effective September 1, 1994; September 1, 1998; December 24, 2002; September 1, 2010.]

citation: RAP RAP 12.7


title: Effect of Reversal on Intervening Rights

text: RAP 12.8 EFFECT OF REVERSAL ON INTERVENING RIGHTS If a party has voluntarily or involuntarily partially or wholly satisfied a trial court decision which is modified by the appellate court, the trial court shall enter orders and authorize the issuance of process appropriate to restore to the party any property taken from that party, the value of the property, or in appropriate circumstances, provide restitution. An interest in property acquired by a purchaser in good faith, under a decision subsequently reversed or modified, shall not be affected by the reversal or modification of that decision. [Adopted effective July 1, 1976; Amended effective September 1, 1994.]

citation: RAP RAP 12.8


title: Recall of Mandate or Certificate of Finality

text: RAP 12.9 RECALL OF MANDATE OR CERTIFICATE OF FINALITY (a) To Require Compliance With Decision. The appellate court may recall a mandate issued by it to determine if the trial court has complied with an earlier decision of the appellate court given in the same case. The question of compliance by the trial court may be raised by motion to recall the mandate, or by initiating a separate review of the lower court decision entered after issuance of the mandate. (b) To Correct Mistake or Remedy Fraud. The appellate court may recall a mandate or certificate of finality issued by it to correct an inadvertent mistake or to modify a decision obtained by the fraud of a party or counsel in the appellate court. (c) Time for Motion. The motion to recall the mandate or certificate of finality must be made within a reasonable time. [Adopted effective July 1, 1976; Amended effective September 1, 1994; September 1, 2010.]

citation: RAP RAP 12.9


title: Method of Seeking Review

text: RULE 13.1 METHOD OF SEEKING REVIEW (a) One Method of Seeking Review. The only method of seeking review by the Supreme Court of decisions of the Court of Appeals is review by permission of the Supreme Court, called "discretionary review." (b) Writ Procedure Superseded. The procedure for seeking review of decisions of the Court of Appeals established by these rules supersedes the review procedure formerly available by extraordinary writs of review, certiorari, mandamus, prohibition, and other writs formerly considered necessary and proper to the complete exercise of appellate and revisory jurisdiction of the Supreme Court. [Adopted effective July 1, 1976; Amended effective June 7, 1979.]

citation: RAP RAP 13.1


title: Rescinded

text: RAP 13.2 [RESCINDED] [Rescinded effective June 7, 1979.]

citation: RAP RAP 13.2