RALJ 1.1: Scope of Rules

(a) Proceedings Subject to Rules. These rules establish the procedure, called appeal, for review by the superior court of a final decision of a court of limited jurisdiction, subject to the restrictions defined in this rule.

(b) These rules do not apply to the de novo review of a decision of a judge who is not admitted to the practice of law in Washington and do not apply to the de novo review on the record of a decision of a small claims court operating under RCW 12.40. The procedures for review of these decisions are set forth in CRLJ 73 and 75.

(c) Statutory Writs Retained. These rules do not supersede and do not govern the procedure for seeking review of a decision of a court of limited jurisdiction by statutory writ.

(d) Application to Civil and Criminal Proceedings. Each rule applies to both civil and criminal proceedings, unless a different application is intended.

(e) Superseding Effect of Rules. These rules supersede all statutes and rules covering the procedure for review in the superior court of a decision of a court of limited jurisdiction to which these rules apply, unless one of these rules specifically indicates to the contrary.

(f) Effect of Subsequent Legislation. If a statute in conflict with a rule is enacted after these rules become effective and that statute does not supersede the conflicting rule by direct reference to the rule by number, the rule applies unless the rule specifically indicates that statutes control. If a statute in conflict with a rule is enacted after these rules become effective and that statute does supersede the conflicting rule by direct reference to the rule by number, the statute applies until such time as the rule may be amended or changed by the Supreme Court through exercise of its rulemaking power.

[Amended effective October 30, 2001; September 1, 2004.]

RALJ 1.2: INTERPRETATION AND APPLICATION OF RULES

(a) Interpretation. These rules will be liberally interpreted to promote justice and facilitate the decision of cases on the merits.

(b) Application of Rules. Cases and issues will not be determined on the basis of compliance or noncompliance with these rules, except as provided in rules 10.2 and 10.3(c). A party's right to proceed further in an appeal may be conditioned on compliance with the terms of a sanction order under rule 10.1.

[Amended effective September 1, 2002.]