WSR 02-07-031

RULES OF COURT

STATE SUPREME COURT


[ March 11, 2002 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO RAP 16.5 AND RAP 16.19 ))

)

 ORDER

NO. 25700-A-731

     The Supreme Court Commissioner having recommended the adoption of the proposed amendments to RAP 16.5 and RAP 16.19, and the Court having determined that the proposed amendments will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

     Now, therefore, it is hereby

     ORDERED:

     (a) That the amendments as attached hereto are adopted.

     (b) That pursuant to the emergency provisions of GR 9(i), the amendments will be published expeditiously and become effective upon publication.

     DATED at Olympia, Washington this 11th day of March 2002.
     Alexander, C.J.
     Smith, J.

      Sanders, J.
     Johnson, J.

      Bridge, J.
     Madsen, J.

      Chambers, J.
     Ireland, J.

      Owens, J.


RAP 16.5


PERSONAL RESTRAINT PETITION -- WHERE TO SEEK RELIEF



     (a) Court of Appeals. A personal restraint petition should be filed with the Court of Appeals.

     (b) Supreme Court. (1) If a personal restraint petition is filed in the Supreme Court, the Supreme Court will ordinarily transfer the petition to the Court of Appeals. If the petition is not transferred, the duties ordinarily assigned under this title to the "Chief Judge" may be performed by the Commissioner. (2) If a petition is not transferred to the Court of Appeals, or has been transferred from the Court of Appeals to the Supreme Court, the determinations ordinarily made by the "Chief Judge" under rules 16.11 and 16.13 may be made by a commissioner.


RULES OF COURT

RULE 16.9

PERSONAL RESTRAINT PETITION--RESPONSE TO PETITION



     The respondent must, serve and file a response within 30 days after the petition is served, unless the time is extended by the commissioner or clerk for good cause shown, serve and file a response to the petition or unless the court can determine without requiring a response that the petition should be dismissed under RCW 10.73.140. The response must answer the allegations in the petition. The response must state the authority for the restraint of petitioner by respondent and, if the authority is in writing, include a conformed copy of the writing. If an allegation in the petition can be answered by reference to a record of another proceeding, the response should so indicate and include a copy of those parts of the record which are relevant. Respondent should also identify in the response all material disputed questions of fact.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.

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