WSR 13-23-037

RULES OF COURT

[November 12, 2013]

The Court having recommended the adoption of the proposed amendments to RAP 10.2—Time for Filing Briefs, and the Court having approved the proposed amendments for publication;

Now, therefore, it is hereby

(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, 2014.

(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, 2014. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Denise.Foster@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

DATED at Olympia, Washington this 12th day of November, 2013.

Purpose: The current rule for determining the deadline for an amicus curiae brief does not differentiate between cases in the Supreme Court and Court of Appeals, and, in both instances, primarily ties the amicus brief deadline to the oral argument date set by the appellate court. This approach has caused problems for both parties and the courts.

At the Supreme Court level, timely amicus curiae brief submissions do not always leave parties with sufficient time to submit an answering brief, or provide the court itself with sufficient time to fully consider amicus-related submissions in advance of oral argument. Under RAP 10.6, the Supreme Court does not set a date for filing the parties' answers to amicus briefs until the expiration of five business days after the amicus motion and accompanying amicus brief have been filed. The proposed amendment is designed to allow the Supreme Court adequate time to consider not just the amicus brief, but also the parties' answer to an amicus brief, before circulation of the Court's pre-hearing memorandum.

At the Court of Appeals level, letters setting oral argument are sometimes issued relatively close to the oral argument date, creating unreasonable time constraints for amicus curiae, parties submitting answering briefs, and for the court itself in fully considering amicus-related submissions in advance of oral argument. These same difficulties also may occur in those Court of Appeals cases where the court determines to consider the case on the merits without oral argument.

The proposed amendments set deadlines for amicus curiae briefs with due regard for these problems, and the differences between Supreme Court and Court of Appeals practice. The amendment is designed to minimize uncertainties regarding amicus curiae brief deadlines, increase the time available after an amicus curiae brief is submitted for the parties to file answering briefs, and allow the court more time to fully consider amicus-related submissions in advance of oral argument.

(f) Brief of Amicus Curiae. A brief of amicus curiae not requested by the appellate court should be received by the appellate court and counsel of record for the parties and any other amicus curiae not later than 30 days before oral argument or consideration on the merits, uUnless the court sets a later different date, or allows a later date upon a showing of particular justification by the applicant., a brief of amicus curiae should be filed as follows: