Forms

RAP FORM 1: NOTICE OF APPEAL (TRIAL COURT DECISION)

(Rule 5.3(a))

SUPERIOR COURT OF WASHINGTON FOR ( _____________) COUNTY

(Name of plaintiff), ) No. (trial court)

Plaintiff, )

v. ) NOTICE OF APPEAL TO

(Name of defendant), ) (COURT OF APPEALS or

Defendant. ) SUPREME COURT)

(Name of party seeking review), (plaintiff or defendant), seeks review by the designated appellate court of the (Describe the decision or part of decision which the party wants reviewed: for example, "Judgment", "Paragraph 4 of the Marriage Dissolution Decree".) entered on (date of entry.)

A copy of the decision is attached to this notice.

(Date)

_____________________________________

Signature

Attorney for (Plaintiff or Defendant)

(Name, address, telephone number, and Washington State Bar Association membership number of attorney for appellant and the name and address of counsel for each other party should be listed here. In a criminal case, the name and address of the defendant should also be listed here. See rule 5.3(c).)

RAP FORM 2: NOTICE FOR DISCRETIONARY REVIEW

(Rule 5.3(b))

SUPERIOR COURT OF WASHINGTON FOR ( _____________) COUNTY

(Name of plaintiff), ) No. (trial court)

Plaintiff, )

v. ) NOTICE OF DISCRETIONARY

(Name of defendant), ) REVIEW TO (COURT OF

Defendant. ) APPEALS or SUPREME COURT)

(Name of party seeking review), (plaintiff or defendant), seeks review by the designated appellate court of the (Describe the decision or part of decision which the party wants reviewed: for example, "Order Denying Discovery", "Paragraph 4 of the Restraining Order".) entered on (date of entry).

A copy of the decision is attached to this notice.

(Date)

_____________________________________

Signature

Attorney for (Plaintiff or Defendant)

(Name, address, telephone number, and Washington State Bar Asociation membership number of attorney for appellant and the name and address of counsel for each other party should be listed here. In a criminal case, the name and address of the defendant should also be listed here. See rule 5.3(c).)

RAP FORM 3: MOTION FOR DISCRETIONARY REVIEW

(Rule 6.2 (review of trial court decision); Rule 13.5 (review

of Court of Appeals interlocutory decision);

Rule 17.3(b) (content of motion))

No. (appellate court)

(SUPREME COURT or COURT OF APPEALS, DIVISION_____)

OF THE STATE OF WASHINGTON

______________________________________________________________________

(Title of trial court proceeding with parties designated as in rule 3.4, for example:

JOHN DOE, Respondent,

MARY DOE, Petitioner,

and

HENRY JONES, Defendant.)

MOTION FOR DISCRETIONARY REVIEW

(Name of petitioner's attorney)

Attorney for (Petitioner)

(Address, telephone number, and Washington State Bar Association membership number of petitioner's attorney)

A. IDENTITY OF PETITIONER

(Name) asks this court to accept review of the decision or parts of the decision designated in Part B of this motion.

B. DECISION

(Identify the decision or parts of decision which the party wants reviewed by the type of decision, the court entering or filing the decision, the date entered or filed, and the date and a description of any order granting or denying motions made after the decision such as a motion for reconsideration. The substance of the decision may also be described: for example, "The decision restrained defendant from using any of her assets for any purpose other than living expenses. Defendant is thus restrained from using her assets to pay fees and costs to defend against plaintiff's suit for a claimed conversion of funds from a joint bank account.") A copy of the decision (and the trial court memorandum opinion) is in the Appendix at pages A-____ through ____.

C. ISSUES PRESENTED FOR REVIEW

(Define the issues which the court is asked to decide if review is granted. See Part II of Form 6 for suggestions for framing issues presented for review.)

D. STATEMENT OF THE CASE

(Write a statement of the procedure below and the facts. The statement should be brief and contain only material relevant to the motion. If the motion is directed to a Court of Appeals decision, the statement should contain appropriate references to the record on review. See Part III of Form 6. If the motion is directed to a trial court decision, reference should be made to portions of the trial court record. Portions of the trial court record may be placed in the Appendix. Certified copies are not necessary. If portions of the trial court record are placed in the Appendix, the portions should be identified here with reference to the pages in the Appendix where the portions of the record appear.)

E. ARGUMENT WHY REVIEW SHOULD BE ACCEPTED

(The argument should be short and concise and supported by authority. The argument should be directed to the considerations for accepting review set out in rule 2.3(b) for review of a trial court decision and rule 13.5(b) for review of a decision of the Court of Appeals.)

F. CONCLUSION

(State the relief sought if review is granted. For example: "This court should accept review for the reasons indicated in Part E and modify the restraining order to permit defendant to use her assets to pay fees and costs incurred in defending plaintiff's suit for conversion.")

(Date)

Respectfully submitted,

_____________________________________

Signature

(Name of petitioner's attorney)

APPENDIX

(See rule 17.3(b)(8) for materials to include within the Appendix.)

[Amended effective September 1, 2010]

RAP FORM 4: STATEMENT OF GROUNDS FOR DIRECT REVIEW

(Rule 4.2(b))

No. (Supreme Court)

SUPREME COURT OF THE STATE OF WASHINGTON

(Title of trial court proceeding ) STATEMENT OF GROUNDS FOR

with parties designated as in ) DIRECT REVIEW BY THE

rule 3.4) ) SUPREME COURT

(Name of party) seeks direct review of the (describe the decision or part of the decision that the party wants reviewed) entered by the (name of court) on (date of entry.) The issues presented in the review are: (State issues presented for review. See Part II of Form 6 for suggestions for framing issues presented for review.)

The reasons for granting direct review are: (Briefly indicate and argue grounds for direct review. See rule 4.2.)

(Date)

Respectfully submitted,

_____________________________________

Signature

(Name, address, telephone number, and Washington State Bar Association membership number of attorney)

[Amended effective September 1, 2006; amended effective September 1, 2010]

RAP FORM 5: TITLE PAGE FOR ALL BRIEFS AND PETITION FOR REVIEW

(Rule 10.3 (briefs); Rule 13.4(d) (petition for review))

No. (appellate court)

(SUPREME COURT or COURT OF APPEALS, DIVISION ___) OF THE STATE OF WASHINGTON

______________________________________________________________________ (Title of trial court proceeding with parties designated as in rule 3.4, for example: JOHN DOE, Respondent,

MARY DOE, (Appellant or Petitioner),

and

HENRY JONES, Defendant.)

______________________________________________________________________

(PETITION FOR REVIEW or title of brief, for example: BRIEF OF PETITIONER, REPLY BRIEF OF APPELLANT)

______________________________________________________________________

(Name of attorney for party filing brief) Attorney for (Identity of party, as Appellant)

(Address, telephone number, and Washington State Bar Association number of attorney for party filing brief or petition)

RAP FORM 6: BRIEF OF APPELLANT

(Rule 10.3(a))

(See Form 5 for form of cover and title page. For useful discussions of appellate brief writing, see the latest edition of the Washington State Bar Association Appellate Practice Deskbook.)

TABLE OF CONTENTS

I. Introduction [Optional. See rule 10.3(a)(3).]

II. ASSIGNMENTS OF ERROR . . . . . . . . . . . . . . . . . . . .

Assignments of Error

No. 1 . . . . . . . . . . . . . . . . . . . . . . . .

No. 2 . . . . . . . . . . . . . . . . . . . . . . . .

No. 3 . . . . . . . . . . . . . . . . . . . . . . . .

Issues Pertaining to Assignments of Error

No. 1 . . . . . . . . . . . . . . . . . . . . . . . .

No. 2 . . . . . . . . . . . . . . . . . . . . . . . .

III. Statement of the Case . . . . . . . . . . . . . . . . . . .

IV. Summary of Argument . . . . . . . . . . . . . . . . . . .

V. Argument . . . . . . . . . . . . . . . . . . . . . . . . . .

[If the argument is divided into separate headings, list each separate heading and give the page where each begins.]

VI. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . .

VII. Appendix. . . . . . . . . . . . . . . . . . . . . . . . . . A-1

[List each separate item in the Appendix and give page where each item begins.]

TABLE OF AUTHORITIES

Table of Cases

[Here list cases, alphabetically arranged, with citations complying with rule 10.4(g), and page numbers where each case appears in the brief. Washington cases may be first listed alphabetically with other cases following and listed alphabetically.]

Constitutional Provisions

[Here list constitutional provisions in the order in which the provisions appear in the constitution with page numbers where each is referred to in the brief.]

Statutes

[Here list statutes in the order in which they appear in RCW, U.S.C., etc., with page numbers where each is referred to in the brief. Common names of statutes may be used in addition to code numbers.]

Regulations and Rules

[Here list regulations and court rules grouped in appropriate categories and listed in numerical order in each category with page numbers where each is referred to in the brief.]

Other Authorities

[Here list other authorities with page numbers where each is referred to in the brief.]

Note: For form of citations, see GR 14(d).

I. Introduction

[An introduction is optional and may be included as a separate section of the brief at the filing party’s discretion. The introduction need not contain citations to the record or authority.]

II. Assignments of Error

Assignments of Error

[Here separately state and number each assignment of error as required by rule 10.3(a) and (g). For example:

"1. The trial court erred in entering the order of May 12, 1975, denying defendant's motion to vacate the judgment entered on May 1, 1975."

"2. The trial court erred in denying the defendant's motion to suppress evidence by order entered on March 10, 1975."]

Issues Pertaining to Assignments of Error

[Concisely define the legal issues in question form which the appellate court is asked to decide and number each issue. List after each issue the Assignments of Error which pertain to the issue. Proper phrasing of the issues is important. Each issue should be phrased in the terms and circumstances of the case, but without unnecessary detail. The court should be able to determine what the case is about and what specific issues the court will be called upon to decide by merely reading the issues presented for review.]

[Examples of issues presented for review are: "Does an attorney, without express authority from his client, have implied authority to stipulate to the entry of judgment against his client as a part of a settlement which limits the satisfaction of the judgment to specific property of the client? (Assignment of Error 1.)"

"Defendant was arrested for a traffic offense and held in jail for 2 days because of outstanding traffic warrants. The police impounded defendant's car and conducted a warrantless 'inventory' search of defendant's car and seized stolen property in the trunk. The impound was not authorized by any ordinance. Did the search and seizure violate defendant's rights under the fourth and fourteenth amendments to the Constitution of the United States and under article 1, section 7 of the Constitution of the State of Washington? (Assignment of Error 2.)"]

III. STATEMENT OF THE CASE

[Write a statement of the procedure below and the facts relevant to the issues presented for review. The statement should not be argumentative. Every factual statement should be supported by a reference to the record. See rule 10.4(f) for proper abbreviations for the record.]

IV. SUMMARY OF ARGUMENT

[This is optional.]

V. ARGUMENT

[The argument should ordinarily be separately stated under appropriate headings for each issue presented for review. Long arguments should be divided into subheadings. The argument should include citations to legal authority and references to relevant parts of the record. The court ordinarily encourages a concise statement of the standard of review as to each issue.]

VI. CONCLUSION

[Here state the precise relief sought.]

[Date]

Respectfully submitted,

_____________________________________

Signature

[Name of Attorney]

Attorney for [Appellant, Respondent, or Petitioner]

Washington State Bar Assocation membership number

VII. APPENDIX

[Optional. See rule 10.3(a)(8).]

[Amended effective September 1, 2006.]

RAP FORM 7: NOTICE OF INTENT TO FILE PRO SE SUPPLEMENTAL BRIEF

(DELETED)

[Deleted effective September 1, 2006.]

RAP FORM 8: NOTICE OF APPEAL FROM COURT OF APPEALS DECISION

(Obsolete)

RAP FORM 9: PETITION FOR REVIEW

(Rule 13.4(d))

(See Form 5 for form of cover which is the title page.)

TABLE OF CONTENTS

(See Form 6, except modify names of parts of brief to correspond to names of parts of Petition for Review.)

TABLE OF AUTHORITIES

(See Form 6.)

A. IDENTITY OF PETITIONER

(Name) asks this court to accept review of the Court of Appeals decision terminating review designated in Part B of this petition.

B. COURT OF APPEALS DECISION

(Identify the decision or parts of the decision of the Court of Appeals which the party wants reviewed, the date filed, and the date of any order granting or denying a motion for reconsideration.) A copy of the decision is in the Appendix at pages A-____ through ____. A copy of the order denying petitioners motion for reconsideration is in the Appendix at pages A-____ through ____.

C. ISSUES PRESENTED FOR REVIEW

(Define the issues which the Supreme Court is asked to decide if review is granted. See the second portion of Part II of Form 6 for suggestions for framing issues presented for review.)

D. STATEMENT OF THE CASE

(See Part III of Form 6.)

E. ARGUMENT WHY REVIEW SHOULD BE ACCEPTED

(The argument should be short and concise and directed to the considerations for accepting review set out in rule 13.4(b). For argument generally, see Part V of Form 6. The argument may be preceded by a summary.)

F. CONCLUSION

(State the relief sought if review is granted. See Part F of Form 3.)

(Date)

Respectfully submitted,

_______________________________________

Signature

(Name of attorney)

Attorney for (Petitioner or Respondent)

Washington State Bar Association membership number

APPENDIX

(See rule 13.4(c)(9) for materials to include within Appendix.)

[Amended effective September 1, 2010]

RAP FORM 10: COST BILL

(Rule 14.4)

No. (appellate court)

(SUPREME COURT or COURT OF APPEALS, DIVISION ___)

OF THE STATE OF WASHINGTON

(Title of trial court proceeding )

with parties designated as in ) COST BILL

rule 3.4) )

(Name of party asking for costs), (appellant, petitioner, or respondent), asks that the following costs be awarded:

1. Statutory attorney's fees $

2. Preparation of original and one copy of report of proceedings $

3. Copies of clerk's papers $

4. Transmittal of record on review $

5. Expenses incurred in superseding the decision of the trial court (Identify) $

6. Charges of appellate court clerk for reproduction of briefs, petitions, and motions (Identify and separately state the charge for each.) $

7. Preparing 50 pages of original documents $

8. Filing fee $___

Total $

The above items are expenses allowed as costs by rule 14.3, reasonable expenses actually incurred, and reasonably necessary for review. (Name of party) should pay the costs.

(Date)

_____________________________________

Signature

Attorney for (Appellant, Respondent, or Petitioner)

(Name, address, telephone number, and Washington State Bar Association membership number of attorney)

RAP FORM 11: OBJECTIONS TO COST BILL

(Rule 14.5)

No. (appellate court)

(SUPREME COURT or COURT OF APPEALS, DIVISION ___)

OF THE STATE OF WASHINGTON

(Title of trial court proceeding )

with parties designated as in ) OBJECTIONS TO COST BILL

rule 3.4) )

(Name of party objecting), (appellant, petitioner or respondent), objects to the award of any costs to (name of party) because:

(Here state reasons. See rule 14.2.)

Alternate Form

(Name of party objecting), (appellant, petitioner, or respondent), objects to the following expenses listed on the Cost Bill of (name of party):

(List the items on the cost bill which are objectionable, by number of item on the cost bill with a description of the item and the amount claimed. State the objection after each item. For example:

2. Report of Proceedings $320.00

Objection: The amount claimed is unreasonable. See RAP 14.3.

(a). The report of proceedings is double spaced and is ____ pages. The usual charge per page is $____. Computed on the usual basis, the total charge should be $220.00.

5. Bond $10.00

Objection: The charge is for the premium on a cost bond. A cost bond is not required under the new rules. The charge was not reasonably necessary for review. See RAP 14.3(a).)

(Date)

_____________________________________

Signature

Attorney for (Appellant, Respondent, or Petitioner)

(Name, address, telephone number, and Washington State Bar Association membership number of attorney)

RAP FORM 12: ORDER OF INDIGENCY

(Rule 15.2)

SUPERIOR COURT OF WASHINGTON

FOR (_______________) COUNTY

[Name of plaintiff], )

Plaintiff, ) No. (trial court)

v. )

[Name of defendant], ) ORDER OF INDIGENCY

Defendant. )

[Set forth finding of indigency and state that applicable law grants review wholly or partially at public expense. For example: "The court finds that the defendant lacks sufficient funds to prosecute an appeal and applicable law grants defendant a right to review at public expense to the extent defined in this order."] The court orders as follows:

1. The filing fee is waived.

2. [Name of indigent] is entitled to counsel for review wholly at public expense. When review is discretionary, counsel will be provided and the expenses detailed below will be paid if review is accepted or as applicable law permits.

3. The appellate court shall appoint counsel for review pursuant to RAP 15.2 [If applicable: "Trial counsel must assist appointed counsel for review in preparing the record."]

4. [Name of indigent] is entitled to the following at public expense:

(a) Those portions of the verbatim report of proceedings reasonably necessary for review as follows:

[Designate parts of report.]

(b) A copy of the following clerk's papers:

[Designate papers by name and trial court clerk's subnumber.]

(d) Reproduction of briefs and other papers on review that are reproduced by the clerk of the appellate court.

(e) The cost of transmitting the following cumbersome exhibits:

[Designate cumbersome exhibits needed for review. See rule 9.8(b).]

(f) Other items:

[Designate items.]

[Date]

_____________________________________

Signature

[Name of Judge]

Judge of the Superior Court

Presented by:

[Name of party and attorney for party presenting order; Washington State Bar Association membership number]

[Adopted Amended effective June 21, 2005; September 1, 2006.]

RAP FORM 12A: FINDINGS OF INDIGENCY

[Rule 15.2(c)]

SUPERIOR COURT OF WASHINGTON

FOR ____________ COUNTY

[Name of plaintiff] )

Plaintiff, ) No. [trial court]

)

v. ) FINDINGS OF INDIGENCY AND

) ORDER TO TRANSMIT FINDINGS OF

[Name of defendant] ) INDIGENCY

Defendant. )

The court finds that ____________________________, the appellant/petitioner in this action is unable by reason of poverty to pay for all or some of the expenses of appellate review. The court finds, however, that the moving party is able to contribute $ _______. The following portions of the record are reasonably necessary for review:

(1) Those portions of the verbatim report of proceedings as follows: [Designate parts of report.]

(2) A copy of the clerk’s papers as follows: [Designate papers by name and trial court clerk’s subnumber.]

(3) Preparation of original documents to be reproduced by the clerk as provided in rule 14.3(b).

(4) Reproduction of briefs and other papers on review that are reproduced by the clerk of the appellate court.

(5) The cost of transmitting cumbersome exhibits: [Designate cumbersome exhibits needed for review. See rule 9.8(b).]

(6) Other items: [Designate items]

Now, therefore, it is ordered that the clerk of the superior court shall promptly transmit to the Supreme Court the Motion for Order of Indigency, any affidavit or declaration in support of the motion, and the Findings of Indigency.

[Date]

Signature

________________________________

[Name]

Judge of the Superior Court

Presented by:

[signature]

________________________________

Print Name: ______________________

Address of Party:__________________

________________________________

[If presented by an attorney, name of Attorney, name of party, and Washington State Bar Association membership number.]

[Adopted effective September 1, 2010; amended effective January 3, 2016.]

RAP FORM 13: MOTION OF ORDER OF INDIGENCY

[Rule 15.2(c)]

SUPERIOR COURT OF WASHINGTON

FOR ____________ COUNTY

[Name of Plaintiff]

Plaintiff, )

) No. [trial court]

v. )

) Motion for Order of Indigency-

) (Criminal), (Juvenile Offense),

) (Dependency), (Termination),

) (Commitment), (Civil Contempt),

) (Habeas Corpus), (Appeal

) involving a Constitutional or

) Statutory Right to Counsel) Case

[Name of defendant] )

Defendant. )

)

______________________, (defendant) (respondent) (petitioner), files a notice of appeal in the above-referenced (criminal), (juvenile offense), (dependency), (termination), (commitment), (civil contempt), (habeas corpus), (appeal involving a constitutional or statutory right to counsel) case, and moves the court for an Order of Indigency authorizing the expenditure of public funds to prosecute this appeal (wholly at public expense) (partially at public expense).

(Defendant) (Respondent) (Petitioner) was found indigent by order of this court on . There has been no change in (defendant) (respondent) (petitioner)’s financial status since that time, and (defendant) (respondent) (petitioner) continues to lack sufficient funds to seek review in this case.

(Defendant) (Respondent) (Petitioner) asks the court to order the following to be provided at public expense: all filing fees; attorney fees; preparation, reproduction, and distribution of briefs; preparation of verbatim report of proceedings; and preparation of necessary clerk’s papers.

The following certificate is made in support of this motion.

DATED: ___________________

Signature

__________________________

(Defendant) (Respondent) (Petitioner)

Signature

__________________________

Name of Attorney for (Defendant) (Respondent) (Petitioner)

WSBA #___________________

CERTIFICATE

I, __________________________________, certify as follows:

1. That I have previously been found indigent by this court.

2. That the highest level of education I have completed is:

( ) Grade School ( ) High School ( ) College or greater

3. That I have held the following jobs:

4. That I: ( ) have not received job training

( ) have received the following job training:________________________________

__________________________________________________________________

5. That I:

( ) do not have a mental or physical disability that would affect my ability to work

( ) have the following mental or physical disability that would affect my ability to work:_____________________________________________________________

__________________________________________________________________

6. That I:

( ) do not have children or family members that normally depend on me for financial support

( ) have the following children or family member that normally depend on me for support ___________________________________________________________

__________________________________________________________________

7. That I:

( ) do not anticipate my financial condition improving in the foreseeable future through inheritance, sale of land, or similar.

( ) anticipate my financial condition improving in the foreseeable future as follows: __________________________________________________________

_________________________________________________________________

I, ___________________________, certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

__________________________

Date

__________________________

Name of (Defendant) (Respondent) (Petitioner)

__________________________

Place

[Adopted effective September 1, 1994; amended effective December 24, 2002; September 1, 2010; January 31, 2017.]

RAP FORM 14: INVOICE OF COURT REPORTER--INDIGENT CASE

[DELETED]

[Amended effective September 1, 2006.]

RAP FORM 15: STATEMENT OF ARRANGEMENTS

(Replaces Current Form 15)

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ___

)

) No.

)

) STATEMENT OF ARRANGEMENTS

) [Rule 9.2(a)]

)

____________________, attorney for ____________________, states that on _________, 20__ , I ordered transcription of the original and one copy of the verbatim report of proceedings from the court reporter(s)/transcriptionist(s) named below and arranged to pay the cost of transcriptions as follows: __________________________________________________________________.

Hearing date(s) Judge Court Reporter/Transcriptionist

_____________ _____________ _____________________________

___ A complete verbatim report of proceedings has been ordered.

___ A partial report has been ordered. In compliance with RAP 9.2, the following issues will be presented.

_________________________________________________________________ .

ATTORNEY FOR ____________________________

WSBA No.__________________________________

CERTIFICATE OF SERVICE

I certify that on the _____ day of _______________, 20 ___, I caused a true and correct copy of this Statement of Arrangements to be served on the following in the manner indicated below:

Counsel for_____________ ( ) U.S. Mail

Name__________________ ( ) Hand Delivery

Address________________ ( ) _________________

_______________________

Counsel for_____________ ( ) U.S. Mail

Name__________________ ( ) Hand Delivery

Address________________ ( )

Court Reporter ( ) U.S. Mail

Name__________________ ( ) Hand Delivery

Address________________ ( )

By:__________________________________

[December 24, 2002]

RAP FORM 15A: NOTICE OF FILING VERBATIM REPORT OF PROCEEDINGS

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION ___

_____________________ )

)

) No.

)

v. ) NOTICE OF FILING VERBATIM

) REPORT OF PROCEEDINGS

) (RAP 9.5)

_____________________ )

DECLARATION

I, ____________________ (name), court reporter/transcriber, filed the verbatim report of proceedings on _________, 20___, for the following dates and provided a copy to the party who arranged for transcription:

__________________________________________________________________

The transcript (check one): ___ was computer-generated ___ was not computer-generated.

If it was computer-generated, I filed a copy of the ASCII diskette or compact disk on the same date as the transcript was filed and provided a copy to the party who arranged for transcription

CERTIFICATE OF SERVICE

I certify that on the _____ day of _______________, 20 ___, I caused a true and correct copy of this Notice to be served on the following in the manner indicated below:

___________________ ( ) U.S. Mail

___________________ ( ) Hand Delivery

___________________ ( )

___________________ ( ) U.S. Mail

___________________ ( ) Hand Delivery

___________________ ( ) ________________

___________________ ( ) U.S. Mail

___________________ ( ) Hand Delivery

___________________ ( ) ________________

By:____________________________________

[December 24, 2002; amended effective September 1, 2010]

RAP FORM 15B: STATEMENT OF ARRANGEMENTS IN APPEALS FROM DEPENDENCY DISPOSITIONAL ORDERS AND ORDERS TERMINATING PARENTAL RIGHTS

[Rule 18.13A(e)]

SUPERIOR COURT OF WASHINGTON FOR (_______) COUNTY

[Name of plaintiff], )

Plaintiff ) No. [trial court]

v. )

[Name of defendant], ) STATEMENT OF ARRANGEMENTS

Defendant )

)

_________________, attorney for ______________, states that on_______, 20___, I ordered transcription of the original and one copy of the verbatim report of proceedings from the court reporter(s)/transcriptionist(s) named below and have arranged to pay the cost of transcription and preparation of the record on appeal [at public expense by Order of Indigency]:

Hearing date(s) Judge Court Reporter/Transcriptionist

_____________ _______________ _________________________________

A copy of this statement is being filed with the Court of Appeals and served on all parties of record and all court reporters and/or court-approved transcribers.

The reports of proceedings in appeals under RAP 18.13A take precedence over the preparation and filing of all other appeal records. Extensions will be granted only in exceptional circumstances. RAP 18.13A(f).

_________________________________

Attorney for [______________]

_________________________________

WSBA No.____________________

CERTIFICATE OF SERVICE

I certify that on the _____ day of _______________, 20 ___, I caused a true and correct copy of this Statement of Arrangements to be served on the following in the manner indicated below:

Counsel for____________________ ( ) U.S. Mail

Name________________________ ( ) Hand Delivery

Address_______________________ ( ) ___________

Counsel for____________________ ( ) U.S. Mail

Name_________________________ ( ) Hand Delivery

Address_______________________ ( )___________

Court Reporter_________________ ( ) U.S. Mail

Name________________________ ( ) Hand Delivery

Address ( )____________

By:___________________________

RAP FORM 15C: DESIGNATION OF CLERK'S PAPERS IN APPEALS FROM DEPENDENCY DISPOSITIONAL ORDERS AND ORDERS TERMINATING PARENTAL RIGHTS

[Rule 18.13A(g)]

SUPERIOR COURT OF WASHINGTON FOR (_______) COUNTY

[Name of plaintiff], )

Plaintiff ) No. [trial court]

v. )

[Name of defendant], ) DESIGNATION OF CLERK’S

Defendant ) PAPERS

)

TO: Superior Court Clerk

Pursuant to RAP 18.13A(g) please prepare and transmit to the Court of Appeals, Division ____, the following Clerk’s Papers and Exhibits:

All documents/subnumbers filed in [the lowest trial court cause number for which the appellant seeks review].

All exhibits admitted in [the lowest trial court cause number for which the appellant seeks review].

A copy of this document has been filed with the Court of Appeals and served on all parties of record.

The clerk should give priority to the preparation and transmittal of clerk’s papers under RAP 18.13A(g).

DATED this ___ day of ______. 20___.

_________________________________

Attorney for [______________]

_________________________________

WSBA No.____________________

CERTIFICATE OF SERVICE

I certify that on the _____ day of _______________, 20 ___, I caused a true and correct copy of this Statement of Arrangements to be served on the following in the manner indicated below:

Counsel for____________________ ( ) U.S. Mail

Name________________________ ( ) Hand Delivery

Address_______________________ ( ) ___________

Counsel for____________________ ( ) U.S. Mail

Name_________________________ ( ) Hand Delivery

Address_______________________ ( )___________

Court Reporter_________________ ( ) U.S. Mail

Name________________________ ( ) Hand Delivery

Address ( )____________

By:___________________________

RAP FORM 15D: NOTICE OF INTENT TO DELIVER CONSENT TO ADOPTION

NO. __________

(Supreme Court or COURT OF APPEALS, DIVISION __)

OF THE STATE OF WASHINGTON

IN RE DEPENDENCY OF:

A.B.C.,

A Minor Child.

NOTICE OF INTENT TO DELIVER CONSENT TO ADOPTION

TO: (Names of persons entitled to notice and their attorneys. See RAP 18.13A(k)).

Respondent, (Department of Social and Health Services, name of supervising agency), hereby gives notice that it intends to deliver a consent to the adoption of the above named child to prospective adoptive parents on the _____day of ________, 20___. See RAP 18.13A(k).

Dated this ____ day of _____, 20___.

______________________________

Signature

(Name of attorney)

Washington State Bar Association membership number

Attorney for Respondent

[Adopted effective April 3, 2012]

RAP FORM 16: PETITION AGAINST STATE OFFICER

(Rule 16.2(b))

No. (appellate court)

SUPREME COURT OF THE STATE OF WASHINGTON

(Name of petitioner), )

Petitioner, )

v. ) PETITION AGAINST STATE OFFICER

(Name of respondent), )

Respondent. )

Petitioner alleges:

(Set forth in numbered, descriptively titled paragraphs, as in a complaint in a civil action, a short and plain statement of the claim showing that petitioner is entitled to relief. Conclude with a demand for judgment for the relief sought. See CR 10.)

(Date)

___________________________________

Signature

Attorney for Petitioner

(Name, address, telephone number, and Washington State Bar Association membership number of attorney)

RAP FORM 17: PERSONAL RESTRAINT FOR PERSON CONFINED BY STATE OR LOCAL GOVERNMENT

[Rule 16.7]

No. [appellate court]

[Put name of appellate court that you want to hear your case.]

OF THE STATE OF WASHINGTON

[Put your name here.], )

) PERSONAL RESTRAINT PETITION

Petitioner. )

If there is not enough room on this form, use the back of these pages or use other paper. Fill out all of this form and other papers you are attaching before you sign this form in front of a notary.

A. STATUS OF PETITIONER

_____________________________________________________________,

(full name and address)

apply for relief from confinement. I am ___ am not ___ now in custody serving a sentence upon conviction of a crime. (If not serving a sentence upon conviction of a crime) I am now in custody because of the following type of court order: ______________________________________.

(identify type of order)

1. The court in which I was sentenced is _______________________.

2. I was convicted of the crime(s) of ___________________________

____________________________________________________________.

3. I was sentenced after trial ___, after plea of guilty ___ on

_______________________. The judge who imposed sentence was

(date of sentence)

____________________________________.

(name of trial court judge)

4. My lawyer at trial court was _________________________________

(name and address if known; if none, write "none")

_____________________________________________________________.

5. I did ___ did not ___ appeal from the decision of the trial court. (If the answer is that I did), I appealed to _________________.

(name of court or courts to which appeal was taken)

My lawyer on appeal was ________________________________.

(name and address if known; if none, write "none")

The decision of the appellate court was ___ was not ___ published. (If the answer is that it was published, and I have this information), the decision is published in _____________________________________________________

(volume number, Washington Appellate Reports or

_______________________________________________________________.

Washington Reports, and page number)

6. Since my conviction I have ___ have not ___ asked a court for some relief from my sentence other than I have already written above. (If the answer is that I have asked), the court I asked was __________

________________________________________________________.

(name of court or courts in which relief was sought)

Relief was denied on _____________________________________.

(date of decision or, if more than one, dates of all decisions)

7. (If I have answered in question 6 that I did ask for relief), the name of my lawyer in the proceeding mentioned in my answer to question 6 was ______________________________________________________.

(name and address if known; if none, write "none")

8. If the answers to the above questions do not really tell about the proceedings and the courts, judges and attorneys involved in your case, tell about it here: _________________________________________________.

B. GROUNDS FOR RELIEF

(If I claim more than one reason for relief from confinement, I attach sheets for each reason separately, in the same way as the first one. The attached sheets should be numbered "First Ground", "Second Ground", "Third Ground", etc.). I claim that I have ______ (number) reason(s) for this court to grant me relief from the conviction and sentence described in Part A.

_____________________ Ground

(First, Second, etc.)

1. I should be given a new trial or released from confinement because (Here state legal reasons why you think there was some error made in your case which gives you the right to a new trial or release from confinement.): ___________________________________________.

2. The following facts are important when considering my case (After each fact statement, put the name of the person or persons who know the fact and will support your statement of the fact. If the fact is already in the record of your case, indicate that, also.): ____________________________________________________.

3. The following reported court decisions (include citations if possible) in cases similar to mine show the error I believe happened in my case (If none are known, state "None known".): ____________________

_______________________________________________________.

4. The following statutes and constitutional provisions should be considered by the court (If none are known, state "None known".):

______________________________________________________.

5. This petition is the best way I know to get the relief I want, and no other way will work as well because ___________________

____________________________________________________.

C. STATEMENT OF FINANCES

If you cannot afford to pay the filing fee or cannot afford to pay an attorney to help you, fill this out. If you have enough money for these things, do not fill out this part of the form.

1. I do ___ do not ___ ask the court to file this without making me pay the filing fee because I am so poor I cannot pay the fee.

2. I have a spendable balance of $______ in my prison or institution account.

3. I do ___ do not ___ ask the court to appoint a lawyer for me because I am so poor I cannot afford to pay a lawyer.

4. I am ___ am not ___ employed. My salary or wages amount to $______ a month. My employer is __________

_______________________________________________.

(name and address)

5. During the past 12 months I did ___ did not ___ get any money from a business, profession or other form of self‑employment. (If I did, it was ______________________ and the total income I got was $______.)

(kind of self‑employment)

6. During the past 12 months, I

did did not get any rent payments. If so, the total amount I got was $__________.

___ ___ get any interest. If so, the total amount I got was $__________.

___ ___ get any dividends. If so, the total amount I got was $__________.

___ ___ get any other money. If so, the amount of money I got was $__________.

7. ___ ___ have any cash except as said in answer 2. If so, the total amount of cash I have is $__________.

___ ___ have any savings accounts or checking accounts. If so, the amount in all accounts is $__________.

___ ___ own stocks, bonds, or notes. If so, their total value is $__________.

8. List all real estate and other property or things of value which belong to you or in which you have an interest. Tell what each item of property is worth and how much you owe on it. Do not list household furniture and furnishings and clothing which you or your family need.

Items Value

_____________________________________9. I am ___ am not ___ married. If I am married, my wife or husband's name and address is ________________________________________

___________________________________________________.

10. All of the persons who need me to support them are listed here.

Name and Address Relationship Age

________________________________

11. All the bills I owe are listed here.

Name of creditor Address Amount

you owe money to

_______________________________________________

D. REQUEST FOR RELIEF

I want this court to:

___ vacate my conviction and give me a new trial

___ vacate my conviction and dismiss the criminal charges against me without a new trial

___ other (specify) ________________________________

________________________________________________

E. OATH OF PETITIONER

THE STATE OF WASHINGTON )

) ss.

County of _________________ )

After being first duly sworn, on oath, I depose and say: That I am the petitioner, that I have read the petition, know its contents, and I believe the petition is true.

___________________________________

[sign here]

SUBSCRIBED AND SWORN to before me this ___ day of__________.

___________________________________

Notary Public in and for the State

of Washington, residing at ________

If a notary is not available, explain why none is available and indicate who can be contacted to help you find a notary: _____________

_________________________________________________

__________________________________________________

Then sign below:

I declare that I have examined this petition and to the best of my knowledge and belief it is true and correct.

______________________________[date].

___________________________________

[sign here]

Amended effective November 21, 2006.

RAP FORM 18: MOTION

(Rule 17.3(a))

No. (appellate court)

(SUPREME COURT or COURT OF APPEALS, DIVISION ___) OF THE STATE OF WASHINGTON

(Title of trial court proceeding )

with parties designated as in ) MOTION FOR (identify relief

rule 3.4) ) sought)

1. IDENTITY OF MOVING PARTY

(Name), (designation of moving party, for example: "Appellant" or "Assignee of Respondent's interest in the judgment being reviewed") asks for the relief designated in Part 2.

2. STATEMENT OF RELIEF SOUGHT (State the relief sought, for example: "Substitution of John Doe as respondent in place of Alvin Jones".)

3. FACTS RELEVANT TO MOTION (Here state facts relevant to motion with reference to or copies of parts of the record relevant to the motion. For example: "Alvin Jones, plaintiff, obtained a judgment against defendant, Henry Hope (Judgment, CP 17). Alvin Jones assigned the judgment to John Doe after defendant filed his Notice of Appeal. A true copy of the assignment is attached. Defendant did not assert a counterclaim against plaintiff in the trial court".)

4. GROUNDS FOR RELIEF AND ARGUMENT

(Here state the grounds for the relief sought with authority and supporting argument. For example: "RAP 3.2(a) authorizes substitution of parties when the interest of a party in the subject matter of the review has been transferred. Substitution should be granted here as defendant has no claim against plaintiff-respondent and respondent no longer has an interest in the judgment which is the subject matter of this appeal".)

(Date)

Respectfully submitted,

_____________________________________

Signature

Attorney for (Appellant, Respondent, or Petitioner)

(Name, address, telephone number, and Washington State Bar Association membership number of attorney)

RAP FORM 19: NOTICE OF MOTION

(RAP 17.4(a))

(SUPREME COURT or COURT OF APPEALS, DIVISION_____)

OF THE STATE OF WASHINGTON

(Title of trial court proceeding ) No. (appellate court)

with parties designated as in . )

rule 3.4) ) NOTICE FOR MOTION

To: (Names of persons entitled to notice and their attorneys.

See RAP 17.4(a).)

(Name of moving party), (appellant, petitioner, or respondent), will bring on for hearing (name of motion, for example: "Motion To Substitute Appellant") on (date). The motion will be heard by the (Judges, Commissioner, or Clerk) at (hour), or as soon thereafter as the motion can be heard. The address of the place of hearing is (room number and address).

(Date)

_____________________________________

Signature

(Name of attorney)

Washington State Bar Association membership number

Attorney for (Appellant, Respondent, or Petitioner)

(The notice may be made a part of the motion.)

[Amended effective September 1, 2010]

RAP FORM 20: MOTION TO MODIFY RULING

(Rule 17.7)

No. (appellate court)

(SUPREME COURT or COURT OF APPEALS, DIVISION ___) OF THE STATE OF WASHINGTON

(Title of trial court proceeding )

with parties designated as in ) MOTION TO MODIFY RULING

rule 3.4) )

1. IDENTITY OF MOVING PARTY

(Name of moving party), (designation of moving party) asks for the relief designated in Part 2.

2. STATEMENT OF RELIEF SOUGHT

Modify ruling of the (Clerk or Commissioner) filed on (date). The ruling (state substance of ruling, for example: "denied the motion to be substituted as respondent in place of Alvin Jones") This court should (State relief requested, for example: "authorize the requested substitution".).

3. FACTS RELEVANT TO MOTION

(Here state facts relevant to original motion, with reference to or copies of parts of the record relevant to that motion. The facts set forth in the original motion may be incorporated by reference. For example: "The facts are set out in Part 3 of the original motion to the commissioner.")

4. GROUNDS FOR RELIEF AND ARGUMENT

(Here state the grounds for relief sought with authority and supporting argument. The grounds for relief set forth in the original motion may be incorporated by reference.)

(Date)

Respectfully submitted,

_____________________________________

Signature

Attorney for (Appellant, Respondent, or Petitioner)

(Name, address, telephone number, and Washington State Bar Association membership number of attorney)

RAP FORM 21: CIVIL APPEAL STATEMENT

(Rule 5.5(c))

COURT OF APPEALS, DIVISION ___ OF THE STATE OF WASHINGTON

(Title of trial court proceeding )

with parties designated as in ) CIVIL APPEAL STATEMENT

rule 3.4) )

1. NATURE OF THE CASE AND DECISION

(State the substance of the case below and the basis for the trial court decision. For example: "Defendant was driving his automobile when struck from the rear by a truck driven by Jones. An automobile coming from the opposite direction driven by an uninsured motorist crossed the center line into the lane occupied by defendant and collided with the defendant's car. Defendant settled his claim against Jones and executed a release without the consent of plaintiff insurance company. The policy issued by plaintiff contained a provision which excluded coverage under the uninsured motorist provisions for bodily injury to an insured who has made any settlement with any person without the written consent of the company. The trial court held that this exclusion violated public policy by restricting the uninsured motorist coverage required by RCW 48.22.030 and declared the exclusion void.")

2. ISSUES PRESENTED FOR REVIEW

(State the issues the party intends to present for review by the Court of Appeals. For example: "Whether a provision which excludes coverage when the insured does not secure the insurer's consent before settling with any person responsible for any injury violates public policy by restricting the uninsured motorist coverage required by RCW 48.22.030 List under each issue the legal authority relevant to that issue.)

3. RELIEF SOUGHT IN COURT OF APPEALS

(State the relief the party seeks in the Court of Appeals. For example: "Reversal of trial court decision with directions to enter judgment declaring that defendant is not covered by the uninsured motorist provisions of the liability policy issued by plaintiff.")

4. TRIAL COURT

(Name of County) County Superior Court

5. JUDGE

(Name of Trial Court Judge)

6. DATE OF DECISION

(The date the decision was entered in the trial court)

7. POST-DECISION MOTIONS

(State each post-decision motion made in the trial court including the nature of the motion, the date the motion was made, the decision on the motion, and the date the decision was entered.)

8. NOTICE OF APPEAL

The notice of appeal was filed on date. A copy of the notice of appeal is attached to this statement.

9. COUNSEL

Counsel for appellant (name of appellant) is (name, address, and telephone number of attorney). Counsel for respondent (name of respondent) is (name, address, and telephone number of attorney).

10. METHOD OF DISPOSITION IN TRIAL COURT

(State the method used to decide the case in the trial court. For example: "summary judgment, order of dismissal, judgment after trial to the court, judgment after jury trial.")

11. RELIEF GRANTED BY TRIAL COURT

(State the relief granted by the trial court. For example: "The trial court entered a judgment declaring that defendant has coverage under the uninsured motorist provisions of the automobile liability policy issued by plaintiff.")

12. RELIEF DENIED BY TRIAL COURT

(State the relief sought by the party making the statement which was denied by the trial court. For example: "Plaintiff sought a judgment declaring that the uninsured motorist provision of the automobile liability policy no longer provided coverage to defendant.")

13. CERTIFICATE OF COUNSEL

I, attorney for appellant (name of appellant), certify that this appeal is taken in good faith and not for purposes of delay. I further certify that my client (is or is not) prepared to immediately take all steps to complete the appeal. (If the statement indicates the party is not prepared to immediately take all steps to complete the appeal, state here why the party is not prepared to immediately complete the appeal.)

____________________

(Date)

_____________________________________

Signature

Attorney for Appellant

(Name, address, telephone number, and Washington State Bar Association membership number of attorney)

RAP FORM 22: NOTICE TO APPELLANT RE: STATEMENT OF ADDITIONAL GROUNDS FOR REVIEW

COURT OF APPEALS DIVISION ___ OF THE STATE OF WASHINGTON

Re: Case No. ______________________________

Dear Appellant:

Your attorney has filed a proof of service indicating that you were mailed a copy of the opening brief in your appeal. If, after reviewing that brief, you believe there are additional grounds for review that were not included in your lawyer’s brief, you may list those grounds in a Statement of Additional Grounds for Review. RAP 10.10.

Because the Statement of Additional Grounds for Review is not a brief, there is no required format and you may prepare it by hand. No citations to the record or legal authority are required, but you should sufficiently identify any alleged error so that the appellate court may consider your argument. A copy of the rule is enclosed for your reference.

Your Statement of Additional Grounds for Review must be sent to the Court within 30 days. It will be reviewed by the Court when your appeal is considered on the merits.

Very truly yours,

Clerk/Administrator

[December 24, 2002]

RAP FORM 23: STATEMENT OF ADDITIONAL GROUNDS FOR REVIEW

FORM STATEMENT OF ADDITIONAL GROUNDS FOR REVIEW

STATE OF WASHINGTON )

)

Respondent, )

) No.________________________

v. )

) STATEMENT OF ADDITIONAL

______________________ ) GROUNDS FOR REVIEW

(your name) )

)

Appellant. )

I, _____________________, have received and reviewed the opening brief prepared by my attorney. Summarized below are the additional grounds for review that are not addressed in that brief. I understand the Court will review this Statement of Additional Grounds for Review when my appeal is considered on the merits.

Additional Ground 1

__________________________________________________________________

Additional Ground 2

__________________________________________________________________

If there are additional grounds, a brief summary is attached to this statement.

Date:______________________ Signature:________________________

[December 24, 2002]

RAP FORM 24: NOTICE OF CASH SUPERSEDEAS

[Rule 8.1(d)]

SUPERIOR COURT OF WASHINGTON

FOR [ _____________] COUNTY

[Name of plaintiff], ) No. [trial court]

Plaintiff, )

v. ) Notice of Cash Supersedeas

[Name of defendant], )

Defendant. )

Submitted with this notice is a [cashier’s] check totaling $_______ made payable to the ________ County Superior Court Clerk. The clerk is directed to hold the funds as a bond to supersede the judgment previously entered in this case against _____________________ plus interest likely to accrue during the pendency of the appeal and any costs that may be awarded to ___________ on appeal.

[Pursuant to RCW 36.48.090, the clerk is directed to invest the funds in an interest bearing trust account to accrue to the benefit of _______________, subject to the clerk’s investment service fee, all as provided in RCW 36.48.090.] The funds shall be held pending

return of the mandate in Court of Appeals Cause No. ________ and thereafter until disbursed pursuant to further order of court or by agreement of the parties.

DATED [date].

Signature

________________________________________

Attorney for [Plaintiff or Defendant]

[Adopted effective September 1, 2006.]