Title 4 - Authority of Court of Limited Jurisdiction and of Superior Court Pending Appeals--Stays
RALJ 4.1: AUTHORITY OF COURTS PENDING APPEAL
(a) Superior Court. After a notice of appeal has been filed, the superior court has authority to perform all acts necessary to secure the fair and orderly review of the case.
(b) Court of Limited Jurisdiction. After a notice of appeal has been filed, and while the case is on appeal, the court of limited jurisdiction has authority to act in a case only to the extent provided in these rules, unless the superior court limits or expands that authority in a particular case.
(c) Questions Relating to Indigency. The court of limited jurisdiction has authority to decide questions relating to indigency.
(d) Attorney Fees and Costs. When a party is entitled to an award of attorney fees or costs, the court of limited jurisdiction has authority to determine such an award for a party's efforts in the court of limited jurisdiction. A party may obtain review of a court of limited jurisdiction's decision on attorney fees or costs in the same review proceeding as that challenging the judgment without filing a separate notice of appeal.
[Amended effective September 1, 2006.]
RALJ 4.2: ENFORCEMENT OF JUDGEMENT
(a) Civil Case. A party may not enforce a civil judgment of a court of limited jurisdiction until 30 days after the entry of the judgment. Thereafter, a party may enforce the judgment in the court of limited jurisdiction unless enforcement is stayed as provided in Rule 4.3.
(b) Criminal Case. A sentence in a criminal case will be enforced by the court of limited jurisdiction if the defendant appeals and fails to stay enforcement of sentence as provided in rule 4.3(b).
(c) Statutes Control. Except as otherwise provided in these rules, statutes and other rules relating to enforcement of a judgment and a sentence are applicable.
RALJ 4.3: STAY OF ENFORCEMENT OF JUDGEMENT
(a) Civil Case. The superior court may stay enforcement of a judgment in a civil case after a notice of appeal has been filed. The superior court may impose the same conditions on the granting of a stay as those imposable on parties before the courts of appeals.
(b) Criminal Case. In a criminal case, the court of limited jurisdiction has authority, subject to RCW 9.95.062 and 9.95.064, to stay enforcement of the sentence pending appeal and to fix conditions of release. Where the sentence is stayed pending appeal, the court of limited jurisdiction has authority to revoke the stay upon proof of violation of the conditions of release.