RULES OF COURT
|IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO RAP 9.6-DESIGNATION OF CLERK'S PAPERS AND EXHIBITS, RAP 9.7-PREPARING CLERK'S PAPERS AND EXHIBITS FOR APPELLATE COURT, RAP 11.3(a)-DATE OF ARGUMENT, RAP 13.4-DISCRETIONARY REVIEW OF DECISION TERMINATING REVIEW AND RAP 18.1-ATTORNEYS FEES AND EXPENSES||)
Now, therefore, it is hereby
(a) That pursuant to the provisions of GR 9(g), the proposed amendments as attached hereto 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 3rd day of December, 2009.
|For the Court|
|Gerry L. Alexander|
GR 9 Cover Sheet
DESIGNATION OF CLERK'S PAPERS AND EXHIBITS
(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.
GR 9 Cover Sheet
The clerks have proposed changing the time within which the clerk's papers must be delivered to the appellate court to 14 days, from the current wording, which requires transmission "upon receipt."
Rule 9.7. Preparing clerk's papers and exhibits for appellate court
(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 which are papers should be assembled in the order the exhibits are numbered with a cover sheet which lists the exhibits 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 transmit to the appellate court the original record certified by the administrative agency.
DATE OF ARGUMENT
GR 9 Cover Sheet
DISCRETIONARY REVIEW OF DECISION TERMINATING REVIEW
(b) Considerations Governing Acceptance of Review. A petition for review will be accepted by the Supreme Court only:
(1) If the decision of the Court of Appeals is in conflict with a decision of the Supreme Court; or
(2) If the decision of the Court of Appeals is in conflict with another decision of the Court of Appeals; or
(3) If a significant question of law under the Constitution of the State of Washington or of the United States is involved; or
(4) If the petition involves an issue of substantial public interest that should be determined by the Supreme Court.
(c) Content and Style of Petition. The petition for review should contain under appropriate headings and in the order here indicated:
(1) Cover. A title page, which is the cover.
(2) Tables. A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with reference to the pages of the brief where cited.
(3) Identity of Petitioner. A statement of the name and designation of the person filing the petition.
(4) Citation to Court of Appeals Decision. A reference to the Court of Appeals decision which petitioner wants reviewed, the date of filing the decision, and the date of any order granting or denying a motion for reconsideration.
(5) Issues Presented for Review. A concise statement of the issues presented for review.
(6) Statement of the Case. A statement of the facts and procedures relevant to the issues presented for review, with appropriate references to the record.
(7) Argument. A direct and concise statement of the reason why review should be accepted under one or more of the tests established in section (b), with argument.
(8) Conclusion. A short conclusion stating the precise relief sought.
(9) Appendix. An appendix containing a copy of the Court of Appeals decision, any order granting or denying a motion for reconsideration of the decision, and copies of statutes and constitutional provisions relevant to the issues presented for review.
(d) Answer and Reply. A party may file an answer to a petition for review. If the party wants to seek review of any issue that is not raised in the petition for review, including any issues that were raised but not decided in the Court of Appeals, the party must raise those new issues in an answer. Any answer should be filed within 30 days after the service on the party of the petition. A party may file a reply to an answer only if the answering party seeks review of issues not raised in the petition for review. A reply to an answer should be limited to addressing only the new issues raised in the answer. A reply to an answer should be filed within 15 days after the service on the party of the answer. An answer or reply should be filed in the Supreme Court. The Supreme Court may call for an answer or a reply to an answer.
(e) Form of Petition, Answer, and Reply. The petition, answer, and reply should comply with the requirements as to form for a brief as provided in rules 10.3 and 10.4, except as otherwise provided in this rule.
(f) Length. The petition for review, answer, or reply should not exceed 20 pages double spaced, excluding appendices.
(g) Service and Reproduction of Petition, Answer, and
Reply. The party filing the petition for review, the answer,
and any reply, should serve a copy on every other party and
any amicus curiae and file proof of service in accordance with
rules 18.5 and 18.6. The clerk will arrange for the
reproduction of copies of a petition for review, an answer, or
a reply, and bill the appropriate party for the copies as
provided in rule 10.5.
The clerk will serve the petition,
answer, or reply if the party has not done so.
The clerk will serve the petition, answer, or reply if the party has not done so.
(h) Amicus Curiae Memoranda. The Supreme Court may grant permission to file an amicus curiae memorandum in support of or opposition to a pending petition for review. Absent a showing of particular justification, an amicus curiae memorandum should be received by the court and counsel of record for the parties and other amicus curiae not later than 60 days from the date the petition for review is filed. Rules 10.4 and 10.6 should govern generally disposition of a motion to file an amicus curiae memorandum. An amicus curiae memorandum or answer thereto should not exceed 10 pages.
(i) No Oral Argument. The Supreme Court will decide the petition without oral argument.
GR 9 Cover Sheet
(h) Transmitting Judgment on Award. The clerk will include the award of attorney fees and expenses in the mandate, or the certificate of finality, or in a supplemental judgment. The award of fees and expenses, including interest from the date of the award by the appellate court, may be enforced in the trial court.
[(i) & (j) unchanged]
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.