Title 6 - Record on Appeal

RALJ 6.1: CONTENTS OF RECORD

(a) Generally. Except as provided in section (b), the record of proceedings in the court of limited jurisdiction for appeal shall include the original or a copy of the log prepared for the recording, and the originals or copies of the docket, pleadings, exhibits, orders, and other papers filed with the clerk of the court of limited jurisdiction.

(b) Agreed Record. The parties may agree to a form of record other than that provided by section (a), including but not limited to an agreed narrative report of the proceedings in the court of limited jurisdiction. An agreed form of record may be used only if approved by the court of limited jurisdiction.

RALJ 6.2: TRANSMITTAL OF RECORD OF PROCEEDINGS

(a) Generally. Except as provided in section (b), the record of proceedings in the court of limited jurisdiction for appeal shall include the original or a copy of the log prepared for the recording, and the originals or copies of the docket, pleadings, exhibits, orders, and other papers filed with the clerk of the court of limited jurisdiction.

(b) Agreed Record. The parties may agree to a form of record other than that provided by section (a), including but not limited to an agreed narrative report of the proceedings in the court of limited jurisdiction. An agreed form of record may be used only if approved by the court of limited jurisdiction.

RALJ 6.3: COPY OF RECORDINGS FOR PARTIES

The clerk of the court of limited jurisdiction shall provide any party with a copy of all or part of the record of proceedings and the log for the record upon request and upon the payment of the actual expense for preparation of the requested copy.

RULE 6.3.1: TRANSCRIPT OF ELECTRONIC RECORD

(a) Transcript by Appellant. Unless the superior court orders otherwise, the appellant shall transcribe the electronic recording of proceedings as provided in section (c) of this rule. The transcript shall be filed and served with the appellant's brief.

(b) Transcript by Respondent. If the respondent wishes to add to or challenge the transcript of the recording of proceedings, the respondent shall file and serve an additional transcript with the respondent's brief.

(c) Content of Transcript. The transcript shall contain only those portions of the electronic recording necessary to present the issues raised on appeal. If the appellant intends to urge that a verdict or finding of fact is not supported by the evidence, the appellant shall include in the transcript all testimony relevant to the disputed verdict or finding. If the appellant intends to urge that the court erred in giving or failing to give an instruction, the appellant shall include all objections to the instructions given and refused and the court's rulings.

(d) Transcript Generally.

(1) Form. The transcript may be printed, typed, or neatly handwritten, and need not be certified by a notary public.

(2) Certification. The person preparing the transcript shall certify or declare under penalty of perjury that it is true and correct in accordance with RCW 9A.72.085 or any law amendatory thereof.

(3) Disputes. Disputes concerning the completeness or accuracy of the transcript shall be decided by the superior court.

(e) Additional Transcript. The superior court may order a party to prepare an additional transcript.

(f) No Transcript if Agreed Record. No transcript shall be required if the parties have agreed on a written form of record approved by the court of limited jurisdiction, pursuant to rule 6.1(b).

(g) Cost of Transcript. Any cost or expense in preparing a transcript shall be borne by the party providing it. The expense may be allowed as a cost in accordance with rule 9.3.

[Amended effective June 25, 2002]

RALJ 6.4: TRANSMITTAL OF RECORD OF PROCEEDINGS ON DISCRETIONARY REVIEW AND RETURN OF RECORD FOLLOWING TERMINATION OF APPEAL

When a party has filed a notice for discretionary review of the superior court decision, the record of proceedings and the transcript of the electronic record considered by the superior court on direct appeal shall be transmitted to the appellate court. Upon completion of the appeal and any subsequent proceedings for review by the Court of Appeals or Supreme Court, the superior court shall return to the court of limited jurisdiction the record of proceedings transmitted pursuant to RALJ 6.1(a). Transcripts provided pursuant to RALJ 6.3A shall not be returned to the court of limited jurisdiction.

[Amended effective September 1, 2002.]