WSR 17-08-055

RULES OF COURT

[March 29, 2017]

The Washington Association of Criminal Defense Lawyers, having recommended the suggested amendment to RAP 10.4 (a)(1)—Preparation and Filing of Brief by Party, and the Court having considered the amendments and comments submitted thereto;

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 expeditiously.

(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 July 28, 2017. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or supreme@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

DATED at Olympia, Washington this 29th day of March, 2017.

 

Suggested Amendment to RAP 10.4 (a)(1)

The current RAP 10.4 contains the following prohibition: "The brief shall not contain any tabs, colored pages, or binding and should be stapled in the left-hand corner." Sometimes, and increasingly, the trial exhibits and the trial court record contain color images or colored text. The purpose of the rule seems to be to prohibit the use of colored sheets of paper, as opposed to prohibiting an accurate representation of an exhibit or record that contains color. Sometimes clerks of the court of appeals reject a submission because the brief contains colored images or text that are accurate reprints from trial.

Amending the rule by changing the words "colored pages" to "colored sheets of paper" would clarify that colored sheets of paper should not be used, while permitting accurate representation of exhibits or portions of the record that contain color images or colored text. This amendment would benefit both the State and the defense and allow more accurate representation of the record from trial.

RAP 10.4 (a)(1)

(a) Typing or Printing Brief. Briefs shall conform to the following requirements:

(1) An original and one legible, clean, and reproducible copy of the brief must be filed with the appellate court. The original brief should be printed or typed in black on 20-pound substance 8-1/2 by 11-inch white paper. Margins should be at least 2 inches on the left side and 1-1/2 inches on the right side and to the top and bottom of each page. The brief shall not contain any tabs, colored pages sheets of paper, or binding and should be stapled in the left-hand upper corner.