WSR 10-01-031

RULES OF COURT

STATE SUPREME COURT


[ December 3, 2009 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO RAP FORMS 3, 4 AND 9 )

)

)

 ORDER

NO. 25700-A-942

     The Court of Appeals having recommended the adoption of the proposed amendments to RAP Forms 3, 4 and 9, and the Court having approved the proposed amendments for publication;

     Now, therefore, it is hereby

     ORDERED:

     (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
CHIEF JUSTICE

RAP FORMS 3, 4 AND 9


     The changes to RAP 3, 4 and 9 are housekeeping in nature.


     FORM 3. Motion for Discretionary Review


     (Rule 6.2 (review of trial court decision); Rule 13.5 (review of Court of Appeals interlocutory decision); Rule 17.3(b) (content of motion))


No. (appellate court)


(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, for example:


JOHN DOE, Respondent,
v.
MARY DOE, Petitioner,
and
HENRY JONES, Defendant.)


MOTION FOR DISCRETIONARY REVIEW

(Name of petitioner's attorney)

Attorney for (Petitioner)


     (Address, telephone number,

     and Washington State Bar

     Association membership number

     of petitioner's attorney)


     A. IDENTITY OF PETITIONER

     (Name) asks this court to accept review of the decision or parts of the decision designated in Part B of this motion.


     B. DECISION

     (Identify the decision or parts of decision which the party wants reviewed by the type of decision, the court entering or filing the decision, the date entered or filed, and the date and a description of any order granting or denying motions made after the decision such as a motion for reconsideration. The substance of the decision may also be described: for example, "The decision restrained defendant from using any of her assets for any purpose other than living expenses. Defendant is thus restrained from using her assets to pay fees and costs to defend against plaintiff's suit for a claimed conversion of funds from a joint bank account.") A copy of the decision (and the trial court memorandum opinion) is in the Appendix at pages A-____ through ____.


     C. ISSUES PRESENTED FOR REVIEW

     (Define the issues which the court is asked to decide if review is granted. See Part Part IIA of Form 6 for suggestions for framing issues presented for review.)


     D. STATEMENT OF THE CASE

     (Write a statement of the procedure below and the facts. The statement should be brief and contain only material relevant to the motion. If the motion is directed to a Court of Appeals decision, the statement should contain appropriate references to the record on review. See Part III Part B of Form 6. If the motion is directed to a trial court decision, reference should be made to portions of the trial court record. Portions of the trial court record may be placed in the Appendix. Certified copies are not necessary. If portions of the trial court record are placed in the Appendix, the portions should be identified here with reference to the pages in the Appendix where the portions of the record appear.)


     E. ARGUMENT WHY REVIEW SHOULD BE ACCEPTED

     (The argument should be short and concise and supported by authority. The argument should be directed to the considerations for accepting review set out in rule 2.3(b) for review of a trial court decision and rule 13.5(b) for review of a decision of the Court of Appeals.)


     F. CONCLUSION

     (State the relief sought if review is granted. For example: "This court should accept review for the reasons indicated in Part E and modify the restraining order to permit defendant to use her assets to pay fees and costs incurred in defending plaintiff's suit for conversion.")

     (Date)

Respectfully submitted,
Signature
(Name of petitioner's attorney)

     APPENDIX

     (See rule 17.3 (b)(8) for materials to include within the Appendix.)


     FORM 4. Statement of Grounds for Direct Review


(Rule 4.2(b))

No. (Supreme Court)
SUPREME COURT OF THE STATE OF WASHINGTON
(Title of trial court proceeding with parties designated as in rule 3.4) )

)

)

)

)

 STATEMENT OF GROUNDS FOR DIRECT REVIEW BY THE SUPREME COURT

     (Name of party) seeks direct review of the (describe the decision or part of the decision that the party wants reviewed) entered by the (name of court) on (date of entry.) The issues presented in the review are: (State issues presented for review. See Part A II of Form 6 for suggestions for framing issues presented for review.)

     The reasons for granting direct review are: (Briefly indicate and argue grounds for direct review. See rule 4.2.)

     (Date)

Respectfully submitted,
Signature
(Name, address, telephone number, and Washington State Bar Association membership number of attorney)

     [Amended effective September 1, 2006.]


     FORM 9. Petition for Review


(Rule 13.4(d))


     (See Form 5 for form of cover which is the title page.)


TABLE OF CONTENTS

     (See Form 6, except modify names of parts of brief to correspond to names of parts of Petition for Review.)


TABLE OF AUTHORITIES

     (See Form 6.)


     A. IDENTITY OF PETITIONER

     (Name) asks this court to accept review of the Court of Appeals decision terminating review designated in Part B of this petition.


     B. COURT OF APPEALS DECISION

     (Identify the decision or parts of the decision of the Court of Appeals which the party wants reviewed, the date filed, and the date of any order granting or denying a motion for reconsideration.) A copy of the decision is in the Appendix at pages A- ___ through ___. A copy of the order denying petitioners motion for reconsideration is in the Appendix at pages A- ___ through ___.


     C. ISSUES PRESENTED FOR REVIEW

     (Define the issues which the Supreme Court is asked to decide if review is granted. See the second portion of Part II A of Form 6 for suggestions for framing issues presented for review.)


     D. STATEMENT OF THE CASE

     (See Part III B of Form 6.)


     E. ARGUMENT WHY REVIEW SHOULD BE ACCEPTED

     (The argument should be short and concise and directed to the considerations for accepting review set out in rule 13.4(b). For argument generally, see Part V D of Form 6. The argument may be preceded by a summary.)


     F. CONCLUSION

     (State the relief sought if review is granted. See Part F of Form 3.)

     (Date)

Respectfully submitted,
Signature
(Name of attorney)

     Attorney for (Petitioner or Respondent)

     Washington State Bar Association

     membership number


     APPENDIX

     (See rule 13.4 (c)(9) for materials to include within Appendix.)

     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.

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