WSR 17-03-033

RULES OF COURT

[January 4, 2017]

The Appellate Costs Workgroup, having recommended the expeditious adoption of the proposed amendment to RAP 9.6—Designation of Clerk's Papers and Exhibits, and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;

Now, therefore, it is hereby

(a) That the amendments as shown below are adopted.

(b) That the amendments will be published expeditiously in the Washington Reports and will become effective upon publication.

DATED at Olympia, Washington this 4th day of January, 2017.

 

(a) Unchanged.

(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) the summons and complaint, or case initiating petition in a civil case;

(D) any written order or ruling not attached to the notice of appeal, of which a party seeks review;

(E) 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;

(F) any written opinion, findings of fact or conclusions of law;

(G) any jury instruction given or refused that presents an issue on appeal; and

(H) any order sealing documents if sealed documents have been designated;

(I) in a criminal case where a cost bill may be filed, any order concerning the defendant's indigency and current or likely future ability to pay discretionary legal financial obligations.

(2) Each designation or supplement shall specify the full title of the pleading, the date filed, and, in counties where subnumbers are used, the clerk's subnumber.

(3) Each designation of exhibits shall include the trial court clerk's list of exhibits and shall specify the exhibit number and the description of the exhibit to be transmitted.

(c) Unchanged.