WSR 18-22-089
RULES OF COURT
STATE SUPREME COURT
[October 31, 2018]
IN THE MATTER OF THE SUGGESTED AMENDMENT TO RAP 18.13A—ACCELERATED REVIEW OF JUVENILE DEPENDENCY DISPOSITION ORDERS, ORDERS TERMINATING PARENTAL RIGHTS, DEPENDENCY GUARDIANSHIP ORDERS, AND ORDERS ENTERED IN DEPENDENCY AND DEPENDENCY GUARDIANSHIP CASES | ) ) ) ) ) ) ) ) ) ) | ORDER NO. 25700-A-1241 |
The Washington State Court of Appeals' Rules Committee, having recommended the expeditious adoption of the suggested amendment to RAP 18.13A—Accelerated Review of Juvenile Dependency Disposition Orders, Orders Terminating Parental Rights, Dependency Guardianship Orders, and Orders Entered in Dependency and Dependency Guardianship Cases, and the Court having considered the amendment and comments submitted thereto, and having determined that the suggested amendment will aid in the prompt and orderly administration of justice;
Now, therefore, it is hereby
ORDERED:
(a) That the suggested amendment as shown below is adopted.
(b) That pursuant to the emergency provisions of GR 9 (j)(1), the suggested amendment will be published expeditiously in the Washington Reports and will become effective upon publication.
dated at Olympia, Washington this 31st day of October, 2018.
| | Fairhurst, C.J. |
Johnson, J. | | Wiggins, J. |
Madsen, J. | | Gonzalez, J. |
Owens, J. | | Gordon McCloud, J. |
Stephens, J. | | Yu, J. |
RAP 18.13A
ACCELERATED REVIEW OF JUVENILE DEPENDENCY DISPOSITION ORDERS, ORDERS TERMINATING PARENTAL RIGHTS, AND DEPENDENCY GUARDIANSHIP ORDERS, AND ORDERS ENTERED IN DEPENDENCY AND DEPENDENCY GUARDIANSHIP CASES
(a) Generally. Juvenile dependency disposition orders and orders terminating parental rights under RCW 13.34, and dependency guardianship orders under RCW 13.36, and interim orders entered in dependency and dependency guardianship cases when discretionary review has been granted, may be reviewed by a commissioner on the merits by accelerated review as provided in this rule. Review from other orders entered in juvenile dependency and termination actions are not subject to this rule. The provisions of this rule supersede all other provisions of the Rules of Appellate Procedure to the contrary, and this rule shall be construed so that appeals from juvenile dependency disposition orders and orders terminating parental rights under RCW 13.34, and dependency guardianship orders under RCW 13.36, and interim orders entered in dependency and dependency guardianship cases when discretionary review has been granted shall be heard as expeditiously as possible.
(b) - (d) [No changes.]
(e) Statement of Arrangements. A statement of arrangements should be filed contemporaneously with the notice of appeal or within 7 days after discretionary review is accepted. The party seeking review should arrange for the transcription of an original and one copy of the verbatim report of proceedings. If the proceeding being reviewed was recorded electronically, transcription of the recordings shall be completed by a court-approved transcriber in accordance with the procedures developed by the Administrative Office of the Courts. An indigent party should provide the court reporter, transcriber, or court administrator a copy of the order of indigency. A non-indigent party should arrange for payment for the transcription of the report.
The party seeking review must file with the trial and appellate courts and serve the statement of arrangements on all parties of record and all named court reporters and file proof of service with the appellate court. The party must indicate the date that the report of proceedings was ordered, the financial arrangements which have been made for payment of transcription costs, the name of each court reporter or other person authorized to prepare the report of proceedings who will be preparing a transcript, the hearing dates, and the trial court judge. If the party seeking review does not intend to provide a report of proceedings, a statement to that effect should be filed in lieu of a statement of arrangements and served on all parties of record.
See Form 15B
(f) [No changes.]
(g) Designation and Filing of Clerk's Papers. The party seeking review should file a designation of clerk's papers with the trial and appellate courts contemporaneously with the notice of appeal or within 7 days after discretionary review is accepted. In appeals under this rule, the entire trial court file shall be designated as clerk's papers to be transmitted to the appellate court. All of the exhibits filed in the trial court shall also be designated and transmitted to the appellate court. When discretionary review is granted under this rule, the contents of the clerk's papers shall be governed by RAP 9.6(b). In cases appropriate for consolidation under subsection (d) of this rule, a designation of clerk's papers need only request the preparation of a single trial court file. The clerk shall prepare and transmit the clerk's papers as set forth in rules 9.7 and 9.8, except that a copy of the clerk's papers and the exhibits shall be provided to appellate counsel. The clerk should give priority to the preparation and filing of clerk's papers in appeals under this rule.
See Form 15C
(h)Briefing. Unless directed otherwise in a ruling granting discretionary review of an interim order entered in dependency and dependency guardianship cases,Pparties shall file briefs in complianceaccordance with rules 10.3 and 10.4.
(i) - (l) [No changes.]
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.