Title 2 - Initiating An Appeal
RALJ 2.1: WHO MAY APPEAL
(a) Appeal. Only an aggrieved party may appeal.
(b) Cross Review. Cross review means review initiated by a respondent in an appeal. A party seeking cross review must file a notice of appeal within the time allowed by rule 2.5(c).
RALJ 2.2: WHAT MAY BE APPEALED
(a) Final Decision.
(1) A party may appeal from a final decision of a court of limited jurisdiction to which these rules apply under rule 1.1(a), except a decision in a mitigation hearing under RCW 46.63.100 and IRLJ 2.6(b), or a mitigation decision on written statement under IRLJ 2.6(c).
(2) For the purposes of these rules, a final decision includes (A) an order granting or denying a motion for new trial, reconsideration, or amendment of judgment, and (B) an order granting or denying arrest of a judgment in a criminal case.
(b) Amount in Controversy. Statutes control limitations on appeal based on the amount in controversy.
(c) Appeal by State or a Local Government in Criminal Case. The State or local government may appeal in a criminal case only from the following decisions of a court of limited jurisdiction and only if the appeal will not place the defendant in double jeopardy:
(1) Final Decision, Except Not Guilty. A decision which in effect abates, discontinues, or determines the case other than by a judgment or verdict of not guilty, including but not limited to a decision setting aside, quashing, or dismissing a complaint or citation and notice to appear, or a decision granting a motion to dismiss under CrRLJ 8.3(c).
(2) Pretrial Order Suppressing Evidence. A pretrial order suppressing evidence, if the trial court expressly finds that the practical effect of the order is to terminate the case.
(3) Arrest or Vacation of Judgment. An order arresting or vacating a judgment.
(4) New Trial. An order granting a new trial.
(d) Errors Raised for First Time on Appeal. The superior court may refuse to review any claim of error that was not raised in the court of limited jurisdiction. However, a party may raise the following claimed errors for the first time on appeal: (1) lack of jurisdiction (2) failure to establish facts upon which relief can be granted, and (3) manifest error affecting a constitutional right. A party may present a ground for affirming a decision of a court of limited jurisdiction that was not presented to that court if the record has been sufficiently developed to fairly consider the ground. A party may raise a claim of error that was not raised by the party in the court of limited jurisdiction if another party on the same side of the case raised the claim of error in that court.
[Originally effective January 1, 1981; amended effective September 1, 1987; September 1, 1991; October 31, 2000; September 1, 2008; September 1, 2014.]
RALJ 2.3: WHERE TO APPEAL--CHANGE OF VENUE
(a) Where To Appeal. A party must seek review of a decision in a criminal case in the superior court of the county in which the offense allegedly occurred if the court of limited jurisdiction from which the appeal is taken is located in a joint justice court district. In all other cases, a party must seek review in the superior court for the county in which the court of limited jurisdiction from which the appeal is taken is located.
(b) Change of Venue. If a party seeks review in the wrong superior court, the venue of the appeal shall be changed to the proper superior court on motion of a party or on the initiative of the superior court.
RALJ 2.4: HOW TO INITIATE AN APPEAL
(a) Review Initiated by Filing Notice of Appeal. A party appealing a decision subject to these rules must file a notice of appeal in the court of limited jurisdiction within the time provided by rule 2.5. This is the only jurisdictional requirement for an appeal.
(b) Filing Fee. The first party to file a notice of appeal shall, at the time the notice is filed, pay the statutory filing fee to the clerk of the court of limited jurisdiction in which the notice is filed, unless the party filing the notice is excused from paying a filing fee by statute or by the constitution.
(c) Notice and Service. A party filing a notice of appeal shall immediately serve a copy of the notice on all other parties. The clerk of the court of limited jurisdiction shall immediately upon filing of a notice of appeal and payment of the filing fee, if required, file a copy of the notice with the superior court.
RALJ 2.5: TIME ALLOWED TO INITIATE APPEAL BY FILING NOTICE
(a) Time Allowed To File Notice of Appeal. Except as provided in section (c), a notice of appeal must be filed within 30 days after the date of entry of the final decision which the party filing the notice seeks to appeal.
(b) Date of Entry Defined. If the final decision of the court of limited jurisdiction is oral and evidenced solely by a writing in the court record, the date of entry is the date the writing was placed in the record. If the final decision is by a writing signed by the court of limited jurisdiction, the date of entry is the date of delivery of the writing signed by the judge to the clerk for filing. If the decision is entered other than at a regularly scheduled and noticed hearing, the date of entry of the decision for a party is 3 days after the court of limited jurisdiction mails a notice to that party advising the party of both the court's decision and of the date that decision was written in the court record or the date that decision was delivered to the clerk for filing.
(c) Subsequent Notice by Other Parties. If a timely notice of appeal is filed by a party, any other party seeking relief from the decision must file a notice of appeal within the later of (1) 7 days after service of the notice of appeal filed by the other party, or (2) the time within which a notice of appeal must be filed as provided in section (a).
(d) Effect of Premature Notice of Appeal. A notice of appeal filed after the announcement of a decision but before entry of the final decision will be treated as filed on the day following entry of the decision.
[Originally effective January 1, 1981; amended effective September 1, 1995.]
RULE 2.6: CONTENT OF NOTICE OF APPEAL
(a) Content of Notice of Appeal Generally. A notice of appeal should (1) be titled "Notice of Appeal", (2) identify the party or parties appealing, (3) designate each decision which the party wants reviewed, (4) name the court to which the appeal is taken, (5) provide the identifying material required by section (b), (6) state whether the case appealed is criminal (include charge description), civil, or an infraction, and (7) name the court and cause number from which the appeal is taken.
(b) Identification of Parties, Lawyers, and Address of Defendant in Criminal Case. The first party to file a notice of appeal should include on the notice the name and address of the lawyer for each of the parties represented by a lawyer and the address of parties who are not represented by counsel. If a defendant in a criminal case appeals, the notice of appeal shall include the defendant's address. The defendant in a criminal case must file a statement in the superior court and the court of limited jurisdiction indicating any changes in the defendant's address during the appeal.
(e) Multiple Parties Filing Notice of Appeal. More than one party may join in a single notice of appeal.
(f) Defects in Form of Notice of Appeal. The superior court will disregard defects in the form of a notice of appeal if the notice clearly reflects an intent by a party to seek review.
(g) Notice by Fewer Than All Parties on a Side--Joinder. If there are multiple parties on a side of a case and fewer than all of the parties on that side of the case timely file a notice of appeal, the superior court will grant relief only (1) to a party who has timely filed a notice, (2) to a party who has been joined as provided in this section, or (3) to a party if demanded by the necessities of the case. The superior court will permit joinder on appeal of a party who did not file a notice of appeal only if the party's rights or duties are derived through the rights or duties of the party who timely filed notice or if the party's rights or duties are dependent upon the superior court determination of the rights or duties of a party who timely filed a notice.