RULES OF COURT
| IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO RAP 2.4, RAP 4.2, RAP 4.3, RAP 4.4, RAP 9.5, RAP 9.6, RAP 9.7, RAP 9.8, RAP 10.3, RAP 10.4, RAP 12.4, RAP 12.7, RAP 12.9, RAP 14.3, RAP 15.1, RAP 16.7, RAP 16.20, RAP 17.4, RAP 17.5, RAP 18.1, RAP 18.6, RAP 18.14, RAP FORM 15A AND RAP FORM 19 | ) ) ) ) ) ) ) ) ) |
ORDER NO. 25700-A-929 |
Now, therefore, it is hereby
ORDERED:
(a) That pursuant to the provisions of GR 9(g), the proposed amendments as shown below are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites in January, 2010.
(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.
(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than April 30, 2010. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Camilla.Faulk@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.
DATED at Olympia, Washington this 5th day of November 2009.
| For the Court | ||
| Gerry L. Alexander | ||
| CHIEF JUSTICE |
Suggested Amendment to RAP 2.4
SCOPE OF REVIEW OF A TRIAL COURT DECISION
RULES OF APPELLATE PROCEDURE (RAP)
RULE 2.4
SCOPE OF REVIEW OF A TRIAL COURT DECISION
(b) Order or Ruling Not Designated in Notice. [No change.]
(c) Final Judgment Not Designated in Notice. Except as
provided in rule 2.4(b), the appellate court will review a
final judgment not designated in the notice only if the notice
designates an order deciding a timely posttrial motion based
on (1) CR 50(b) (judgment as a matter of law), (2) CR 52(b)
(amendment of findings), (3) CR 59 (reconsideration, new
trial, and amendment of judgments), (4) CrR 7.4 (arrest of
judgment), or (5) CrR 7.6 7.5 (new trial).
(d) Order Deciding Alternative Post-Trial Motions in Civil Case. [No change.]
(e) Order Deciding Alternative Post-Trial Motions in Criminal Case. [No change.]
(f) Decisions on Certain Motions Not Designated in
Notice. An appeal from a final judgment brings up for review
the ruling of the trial court on an order deciding a timely
motion based on (1) CR 50(b) (judgment as a matter of law),
(2) CR 52(b) (amendment of findings), (3) CR 59
(reconsideration, new trial, and amendment of judgments), (4)
CrR 7.4 (arrest of judgment), or (5) CrR 7.6 7.5 (new trial).
(g) Award of Attorney Fees. [No change.]
Suggested Amendment to RAP 4.2
DIRECT REVIEW OF SUPERIOR COURT DECISION
BY SUPREME COURT
The rule's sections (c) and (d) are amended to specify that both the statement of grounds for direct review and the answer to that statement need to meet the formatting requirements for appellate briefs found in RAP 10.4(a).
The technical changes in this proposal reflect current appellate practice.
RULES OF APPELLATE PROCEDURE (RAP)
RULE 4.2
DIRECT REVIEW OF SUPERIOR COURT DECISION
BY SUPREME COURT
(b) Service and Filing of Statement of Grounds for Direct
Review. Procedure for Seeking Direct Review. A party seeking
direct review of a superior court decision in the Supreme
Court must file a notice of appeal or notice for discretionary
review directed to the Supreme Court. Within within 15 days
after filing the notice of appeal or notice for discretionary
review, the party seeking direct review must serve on all
other parties and file in the Supreme Court a statement of
grounds for direct review in the form provided in section (c).
(c) Form of Statement of Grounds for Direct Review. The statement should be captioned "Statement of Grounds for Direct Review," contain the title of the case as provided in rule 3.4, conform to the formatting requirements of rule 10.4(a), and contain under appropriate headings and in the order here indicated:
(1) Nature of the Case and Decision. A short statement of the substance of the case below and the basis for the superior court decision;
(2) Issues Presented for Review. A statement of each issue the party intends to present for review; and
(3) Grounds for Direct Review. The grounds upon which the party contends direct review should be granted.
The statement of grounds for direct review should not exceed 15 pages, exclusive of appendices and the title sheet.
(d) Answer to Statement of Grounds for Direct Review. A respondent may file an answer to the statement of grounds for direct review. In an appeal, the answer should be filed within 14 days after service of the statement on respondent. In a discretionary review, the answer should be filed with any response to the motion for discretionary review. The answer should conform to the formatting requirements of rule 10.4(a). The answer should not exceed 15 pages, exclusive of appendices and the title sheet.
(e) Effect of Denial of Direct Review. [No change.]
Suggested Amendment to RAP 4.3
DIRECT REVIEW OF DECISIONS OF
COURTS OF LIMITED JURISDICTION
These technical changes reflect current appellate practice.
RULES OF APPELLATE PROCEDURE (RAP)
RULE 4.3
DIRECT REVIEW OF DECISIONS OF
COURTS OF LIMITED JURISDICTION
(b) Service and Filing of Statement of Grounds for Direct Review. [No change.]
(c) Form of Statement of Grounds for Direct Review. The statement should be captioned "Statement of Grounds for Direct Review," contain the title of the case as provided in rule 3.4, conform to the formatting requirements of rule 10.4(a), and contain under appropriate headings and in the order here indicated:
(1) Nature of Case and Decision. [No change.]
(2) Issues Presented for Review. [No change.]
(3) Grounds for Direct Review. [No change.]
(4) Appendix. [No change.]
(d) Answer to Statement of Grounds for Direct Review. A respondent may file an answer to the statement of grounds for direct review. The answer should be filed within 14 days after service of the statement on respondent. The answer should conform to the formatting requirements of rule 10.4(a). The answer should not exceed 15 pages, exclusive of appendices and the title sheet.
(e) Procedure. [No change.]
Suggested Amendment to RAP 4.4
TRANSFER OF CASES BY SUPREME COURT
RULES OF APPELLATE PROCEDURE (RAP) TRANSFER OF CASES BY SUPREME COURT
RULE 4.4
The Supreme Court, to promote the orderly administration
of justice may, on its own initiative, upon certification by
the Court of Appeals, or on motion of a party, transfer a case
from the Court of Appeals to the Supreme Court or from one
division to another division of the Court of Appeals. The
Court of Appeals, on its own initiative or on motion of a
party, may transfer a case from one division to another
division pursuant to CAR 21(a). A party should not file a
motion to transfer until the record has been perfected and all
briefs have been filed in the Court of Appeals.
Suggested Amendment to RAP 9.5
FILING AND SERVICE OF REPORT OF PROCEEDINGS -- OBJECTIONS
RULES OF APPELLATE PROCEDURE (RAP) FILING AND SERVICE OF REPORT OF PROCEEDINGS -- OBJECTIONS
RULE 9.5
(a) Generally. The party seeking review must file an
agreed or narrative report of proceedings with the clerk of
the trial court within 60 days after the statement of
arrangements is filed. The court reporter or person
authorized to prepare the verbatim report of proceedings must
file it within 60 days after the statement of arrangements is
filed and all named court reports are served. If the
proceeding being reviewed was recorded on videotape, the
transcript must be filed by the transcriber with the clerk of
the trial court within 60 days after the statement of
arrangements is filed and all named court reporters are
served. The party who caused a report of proceedings to be
filed should at the time of filing the report of proceedings
serve notice that the report of proceedings has been filed and
file proof of the service on all parties.
(1) [No change.]
(2) [No change.]
(b) Filing and Service of Verbatim Report of Proceedings.
If a verbatim report of proceedings cannot be completed within
60 days after the statement of arrangement is filed and
served, the court reporter or video transcriber or authorized
person 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. When the court reporter or
video transcriber or authorized person files the verbatim
report of proceedings, a copy shall be provided to the party
who arranged for transcription and either the reporter or
video transcriber or authorized person shall serve and file
notice of the filing on all other parties and the appellate
court. The notice of filing served on the appellate court
shall include a declaration that (1) the transcript was
computer generated and an ASCII diskette or compact disc was
filed or (2) the transcript was not computer generated.
Failure to timely file the verbatim report of proceedings and
notice of service may subject the court reporter or video
transcriber or authorized person 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. 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 a party or a reporter or typist or authorized person
transcribing videotape transcriber 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. [No change.]
Suggested Amendment to RAP 9.6
DESIGNATION OF CLERK'S PAPERS AND EXHIBITS
RULES OF APPELLATE PROCEDURE (RAP) DESIGNATION OF CLERK'S PAPERS AND EXHIBITS
RULE 9.6
(a) Generally. The party seeking review should, within
30 days after the notice of appeal is filed or discretionary
review is granted, 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) 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) any written order or ruling not attached to the notice of appeal, of which a party seeks review;
(D) 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;
(c) Format. [No change.]
Suggested Amendment to RAP 9.7
PREPARING CLERK'S PAPERS AND
EXHIBITS FOR APPELLATE COURT
RULES OF APPELLATE PROCEDURE (RAP) PREPARING CLERK'S PAPERS AND EXHIBITS FOR APPELLATE COURT
RULE 9.7
(a) Clerk's Papers. The clerk of the trial court shall
make copies at cost, not to exceed 50 cents a page, 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, and bind in
volumes of no more than 200 pages, or, as authorized by the
appellate court, assemble and 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. Upon
receipt of Within 14 days of receiving payment, the clerk
shall forward the clerk's papers to the appellate court.
(b) Exhibits. [No change.]
(c) Certified record of administrative adjudicative orders. [No change.]
Suggested Amendment to RAP 9.8
TRANSMITTING RECORD ON REVIEW
RULES OF APPELLATE PROCEDURE (RAP) TRANSMITTING RECORD ON REVIEW
RULE 9.8
(a) Duty of Trial Court Clerk. [No change.]
(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. [No change.]
Suggested Amendment to RAP 10.3
CONTENT OF BRIEF
RULES OF APPELLATE PROCEDURE (RAP) CONTENT OF BRIEF
RULE 10.3
(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 of 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. [No change.]
(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.] [No change.]
(e) Amicus Curiae Brief. [No change.]
(f) Answer to Brief of Amicus Curiae. [No change.]
(g) Special Provision for Assignments of Error. [No change.]
(h) Assignments of Error on Review of Certain Administrative Orders. [No change.]
Suggested Amendment to RAP 10.4
PREPARATION AND FILING OF BRIEF BY PARTY
RULES OF APPELLATE PROCEDURE (RAP) PREPARATION AND FILING OF BRIEF BY PARTY
RULE 10.4
(a) Typing or Printing Brief. [No change.]
(b) Length of Brief. [No change.]
(c) Text of Statute, Rule, Jury Instruction, or the Like. [No change.]
(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. [No change.]
(f) Reference to Record. [No change.]
(g) Citation Format. [No change.]
(h) Unpublished opinions. [No change.]
Suggested Amendment to RAP 12.4
MOTION FOR RECONSIDERATION OF
DECISION TERMINATING REVIEW
RULES OF APPELLATE PROCEDURE (RAP) MOTION FOR RECONSIDERATION OF DECISION TERMINATING REVIEW
RULE 12.4
(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), and 18.5, except as otherwise provided in
this rule. 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. [No change.]
(c) Content. [No change.]
(d) Answer and Reply. [No change.]
(e) Length. [No change.]
(f) No Oral Argument. [No change.]
(g) Grant of Motion. [No change.]
(h) Only One Motion Permitted. [No change.]
(i) Amicus Curiae Memoranda. [No change.]
Suggested Amendment to RAP 12.7
FINALITY OF DECISION
RULES OF APPELLATE PROCEDURE (RAP) FINALITY OF DECISION
RULE 12.7
(a) Court of Appeals. [No change.]
(b) Supreme Court. [No change.]
(c) Special Rule for Costs and Attorney Fees and Expenses. The appellate court retains the power after the issuance of the mandate or the 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. [No change.]
Suggested Amendment to RAP 12.9
RECALL OF MANDATE
RULES OF APPELLATE PROCEDURE (RAP) RECALL OF MANDATE OR CERTIFICATE OF FINALITY
RULE 12.9
(a) To Require Compliance with Decision. [No change.]
(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.
Suggested Amendment to RAP 14.3
EXPENSES ALLOWED AS COSTS
RULES OF APPELLATE PROCEDURE (RAP) EXPENSES ALLOWED AS COSTS
RULE 14.3
[No change is proposed for the text of the rule, only for
the references that appear after the rule.]
(a) Generally. [No change.]
(b) Special Rule for Cost of Preparing Brief or Other Original Document. [No change.]
(c) Special Rule for Indigent Review. [No change.]
Suggested Amendment to RAP 15.1
PROCEDURES TO WHICH TITLE APPLIES
RULES OF APPELLATE PROCEDURE (RAP) PROCEDURES TO WHICH TITLE APPLIES
RULE 15.1
The rules in this title define the procedure to be used
(1) to determine indigency and to determine the expenses of an
indigent party to review which will be paid from public funds
as provided in rule 15.2, (2) to obtain a waiver of charges
imposed by the court as provided in rule 15.3, (3) to claim
payment from public funds for services rendered to an indigent
party to review as provided in rule 15.4, (4) to allow claims
for expense as provided in rule 15.5, and (5) to recover
public funds expended on behalf of an indigent as provided in
rule 15.6. The rules in this title apply to all proceedings
in the appellate court, except the rules apply to personal
restraint petitions only to the extent defined in rule 16.15
(f) and (g) and (h).
Suggested Amendment to RAP 16.7
PERSONAL RESTRAINT PETITION -- FORM OF PETITION
RULES OF APPELLATE PROCEDURE (RAP)
RULE 16.7
PERSONAL RESTRAINT PETITION -- FORM OF PETITION
(b) Standard Form. [No change.]
(c) Length of Petition. The petition should not exceed 50 pages.
Suggested Amendment to RAP 16.20
TRANSMITTAL OF JURY QUESTIONNAIRES AND
CLERK'S PAPERS IN CAPITAL CASES
RULES OF APPELLATE PROCEDURE (RAP) TRANSMITTAL OF JURY QUESTIONNAIRES AND CLERK'S PAPERS IN CAPITAL CASES
RULE 16.20
If questionnaires are used during jury selection, the
clerk of the trial court shall seal and transmit a copy of all
the questionnaires to the Supreme Court along with all of the
clerk's papers, including copies of any clerk's minutes. The
clerk of the Supreme Court will provide defendant's appellate
counsel and the prosecuting attorney copies of all of the
juror questionnaires. These copies shall remain in the
possession of counsel and not be made available to the
defendant.
The clerk of the Supreme Court shall copy and distribute the clerk's papers as follows: one copy to the defendant, two copies to the defendant's appellate attorneys, and one copy to the prosecuting attorney.
Suggested Amendment to RAP 17.4
FILING AND SERVICE OF MOTION -- ANSWER TO MOTION
• Several specific deadlines that are inconsistent with current appellate practices are deleted or revised.
• Section (a)'s procedures for noting motions are changed to provide greater consistency among the practices of the three divisions.
• The procedures for emergency motions are revised in section (b).
• Procedures for responding to a motion within a brief are added to section (d). The same change is also being proposed in RAP 10.4(d).
• New procedures relating to answers to motions are added to section (e).
RULES OF APPELLATE PROCEDURE (RAP) FILING AND SERVICE OF MOTION -- ANSWER TO MOTION
RULE 17.4
(a) Filing and Service Generally; Procedure for Noting a
Motion Where Permitted.
(1) A motion filed by a party Except in the special
circumstances defined in section (c), a motion must be served
on all parties, amicus, and other persons entitled to notice.
(2) The Supreme Court and each division of the Court of
Appeals will determine by General Order whether a party may
note a motion for hearing. Except in the special
circumstances defined in sections (b), (c), and (d), a motion
which is to be decided by a commissioner or the clerk If a
party is permitted to note a motion for hearing, the motion
must be accompanied by a notice of the time and date set for
oral argument of the motion. The movant should contact the
clerk of the appellate court to determine the date and time
available for argument of the motion. The motion and notice
must be served on all parties, amicus, and other persons
entitled to notice and filed in the appellate court at least
10 15 days before the date noted for the hearing on the
motion. If service is by mail, the moving party must mail the
motion and notice at least 13 days before the date noted for
hearing the motion. If a motion is not noted for hearing and
the court does not set a date for a hearing, the motion will
be decided without oral argument.
(b) Emergency Motion. In an emergency, a person may
present request expedited consideration of a motion to the
commissioner or clerk on notice less than that required by
section (a) and at any time and place the commissioner or
clerk will make available to hear the motion. The person
presenting the motion must, at the time the motion is made,
file an affidavit stating the type of notice given and the
time and date the notice was given to each person, and explain
in the motion why it should be decided on an emergency basis.
The If the court requires an answer or sets the motion for
argument, it will notify the parties and other persons
entitled to notice as to when an answer should be filed, and
of the date, time, and place the motion will be heard. The
commissioner or clerk may decide the motion only if satisfied
(1) that adequate relief cannot be given if a decision of the
motion is delayed to permit the notice required by section (a)
the motion is considered in the normal course, and (2) the
movant has taken reasonable steps under the circumstances to
give notice to persons who would be affected by the ruling
sought. An emergency motion may be presented on less notice
that that required by section (a).
(c) Summary Determination.
(1) The commissioner or clerk may summarily determine
without oral argument, and without awaiting a response an
answer, a motion which, in the judgment of the commissioner or
clerk, does not affect a substantial right of a party.
(2) If the commissioner or clerk makes a summary determination granting a motion under subsection (c)(1) of this rule, and a party files and serves a timely responsive pleading after the ruling has been entered, the commissioner or clerk will treat the responsive pleading as a motion for reconsideration of the ruling. If such a responsive pleading is filed, the commissioner or clerk may permit the moving party to file a reply and may allow oral argument on the motion.
(d) Motion in Brief. A party may include in a brief only a motion which, if granted, would preclude hearing the case on the merits. The answer to a motion within a brief may be made within the brief of the answering party in the time allowed for filing the brief.
(e) Answer and Reply to Motion; Reply. A person with a
recognized interest in the subject matter of the motion may
submit a written answer to the motion. If the motion is to be
determined without oral argument, the court will set a date
for the filing of the answer to the motion. If the motion is
set for oral argument, the answer must be served and filed at
least 4 days preceding the day of hearing. If service is by
mail, the answering party must mail the answer at least 7 days
before the day noted for hearing the motion. Unless the court
directs otherwise, any answer must be filed and served no
later than 10 days after the motion is served on the answering
party. The answer to a motion within a brief may be made
within the brief of the answering party. The moving party may
submit a written reply to the answer to the motion. If the
motion is to be determined without oral argument, the court
will set a date for the filing of a reply. If the motion is
set for oral argument, the reply to an answer must be served
and filed by noon 2 days before the hearing. Unless the court
directs otherwise, any reply to an answer must be filed and
served no later than 3 days after the answer is served on the
moving party, but at least 1 day prior to the date set for
oral argument.
(f) Supporting Papers. A person should serve and file
with the motion all affidavits and other papers submitted in
support of the motion. A person must, in any event, serve and
file affidavits and other papers submitted in support of the
motion not less than 5 days before the date designated for
hearing the motion. If the affidavits and other papers are
mailed, the person must, in any event, mail them at least 8
days before the day noted for hearing the motion. Affidavits
and other papers submitted in support of an answer or reply
must be served and filed with the answer or reply. Rule 9.11
does not apply to affidavits and other papers submitted in
connection with a motion other than a motion on the merits
under rule 18.14.
(g) Length of Motion, Response Answer and Reply; Form of
Papers and Number of Copies.
(1) A motion and response answer should not exceed 20
pages, not including supporting papers. A reply should not
exceed 10 pages, not including supporting papers. For
compelling reasons, the court may grant a motion to file an
over-length motion, response answer, or reply.
(2) All papers relating to motions or responses answers
should be filed in the form provided for briefs in rule
10.4(a), provided an original only and no copy should be
filed. The appellate court commissioner or clerk will
reproduce additional copies that may be necessary for the
appellate court and charge the appropriate party as provided
in rule 10.5(a).
Suggested Amendment to RAP 17.5
ORAL ARGUMENT OF MOTION
RULES OF APPELLATE PROCEDURE (RAP) ORAL ARGUMENT OF MOTION
RULE 17.5
(a) Oral Argument to Commissioner or Clerk. Unless the
motion is determined without oral argument, as provided in
rule 17.4(c) for a motion determined summarily If oral
argument is permitted by General Order, the movant, and any
person entitled to notice of the motion who has filed a
response to the motion, may present oral argument on a motion
to be decided by a commissioner or the clerk.
(b) Oral Argument to Judges. [No change.]
(c) Date and Time of Argument. [No change.]
(d) Time Allowed, Order, and Conduct of Oral Argument. [No change.]
(e) Telephone Argument. [No change.]
Suggested Amendment to RAP 18.1
ATTORNEY FEES AND EXPENSES
RULES OF APPELLATE PROCEDURE (RAP) ATTORNEY FEES AND EXPENSES
RULE 18.1
(a) Generally. [No change.]
(b) Argument in Brief. The party must devote a section of its opening brief to the request for the fees or expenses. Requests made at the Court of Appeals will be considered as continuing requests at the Supreme Court, except as stated in section (j). The request should not be made in the cost bill. In a motion on the merits pursuant to rule 18.14, the request and supporting argument must be included in the motion or response if the requesting party has not yet filed a brief.
(c) Affidavit of Financial Need. [No change.]
(d) Affidavit of Fees and Expenses. [No change.]
(e) Objection to Affidavit of Fees and Expenses; Reply. [No change.]
(f) Commissioner or Clerk Award Fees and Expenses. [No change.]
(g) Objection to Award. [No change.]
(h) Transmitting Judgment on Award. [No change.]
(i) Fees and Expenses Determined After Remand. [No change.]
(j) Fees for Answering Petition for Review. If attorney fees and expenses are awarded to the party who prevailed in the Court of Appeals, and if a petition for review to the Supreme Court is subsequently denied, reasonable attorney fees and expenses may be awarded for the prevailing party's preparation and filing of the timely answer to the petition for review. A party seeking attorney fees and expenses should request them in the answer to the petition for review. The Supreme Court will decide whether fees are to be awarded at the time the Supreme Court denies the petition for review. If fees are awarded, the party to whom fees are awarded should submit an affidavit of fees and expenses within the time and in the manner provided in section (d). An answer to the request or a reply to an answer may be filed within the time and in the manner provided in section (e). The commissioner or clerk of the Supreme Court will determine the amount of fees without oral argument, unless oral argument is requested by the commissioner or clerk. Section (g) applies to objections to the award of fees and expenses by the commissioner or clerk.
Suggested Amendment to RAP 18.6
COMPUTATION OF TIME
RULES OF APPELLATE PROCEDURE (RAP) COMPUTATION OF TIME
RULE 18.6
(a) Generally. [No change.]
(b) Service by Mail. Except as provided in rule 17.4 or
GR 3.1, if the time period in question applies to a party
serving a paper by mail, the paper is timely served if mailed
within the time permitted for service. Except as provided in
GR 3.1, if the time period in question applies to the party
upon whom service is made, the time begins to run 3 days after
the paper is mailed to the party.
(c) Filing by Mail. Except as provided in GR 3.1, a
brief authorized by Title 10 or Title 13 is timely filed if
mailed to the appellate court within the time permitted for
filing. Except as provided in rule 17.4 or GR 3.1, any other
paper, including a petition for review, is timely filed only
if it is received by the appellate court within the time
permitted for filing.
Suggested Amendment to RAP 18.14
MOTION ON THE MERITS
RULES OF APPELLATE PROCEDURE (RAP) MOTION ON THE MERITS
RULE 18.14
(a) Generally. [No change.]
(b) Time. A party may submit a motion on the merits to
affirm any time after the appellant's opening brief has been
filed. A party may submit a motion on the merits to reverse
any time after the respondent's brief has been filed. The
appellate court on its own motion may, at any time, set a case
on the motion calendar for disposition and enter orders the
court deems appropriate to facilitate the hearing and
disposition of the case. The clerk will notify the parties of
the setting and of any orders entered by the court.
(c) Content, Filing, and Service; Response. [No change.]
(d) Who Decides Motion. [No change.]
(e) Considerations Governing Decision on Motion. [No change.]
(f) Oral Argument. [No change.]
(g) Form of Decision Denying Motion. [No change.]
(h) Form of Decision Granting Motion. [No change.]
(i) Review of Ruling. [No change.]
(j) Nondisqualification of Judge. [No change.]
(k) Procedure Optional With Court. [No change.]
Suggested Amendment to RAP Form 15A
NOTICE OF FILING
VERBATIM REPORT OF PROCEEDINGS
RULES OF APPELLATE PROCEDURE (RAP)
FORM 15A. NOTICE OF FILING
VERBATIM REPORT OF PROCEEDINGS
| IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON, DIVISION _____ | ||
| ) | No. | |
| ) | ||
| v. | ) | NOTICE OF FILING VERBATIM REPORT OF PROCEEDINGS (RAP 9.5) |
| ) | ||
| DECLARATION | ||
| I, ___(name)___, court reporter/transcriber, filed the
verbatim report of proceedings |
||
| The transcript (check one): __ was computer generated __ was not computer generated. | ||
| If it was computer generated, I filed a copy of the ASCII diskette or compact disk on the same date as the transcript was filed and provided a copy to the party who arranged for transcription. | ||
| ( ) | U.S. Mail | ||
| ( ) | Hand Delivery | ||
| ( ) | |||
( ) |
U.S. Mail |
||
| ( ) | Hand Delivery | ||
| ( ) | |||
( ) |
U.S. Mail |
||
| ( ) | Hand Delivery | ||
| ( ) | |||
| By: | |||
Suggested Amendment to RAP Form 19
NOTICE OF MOTION
RULES OF APPELLATE PROCEDURE (RAP)
FORM 19
NOTICE OF MOTION
| ( (Supreme Court or Court of Appeals, Division _____) of the State of Washington |
|||
| [Title of trial court proceeding with parties designated as in Rule 3.4] | ) | No. (appellate court) | |
| ) | |||
| ) | NOTICE FOR MOTION |
||
| ) | |||
| To: (Names of persons entitled to notice and their attorneys. See
|
|||
| (Name of moving party), (appellant, petitioner, or respondent), will bring on for hearing (name of motion, for example: "Motion to Substitute Appellant") on (date). The motion will be heard by the (Judges, Commissioner, or Clerk) at (hour), or as soon thereafter as the motion can be heard. The address of the place of hearing is [room number and address]. | |||
| (Date) | |||
| Signature (Name of attorney) Washington State Bar Association membership number Attorney for (Appellant, Respondent, or Petitioner) |
|||
| (The notice may be made a part of the motion.) | |||
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.