RAP 13.3: DECISIONS REVIEWED AS A MATTER OF DISCRETION

(a) What May Be Reviewed. A party may seek discretionary review by the Supreme Court of any decision of the Court of Appeals which is not a ruling including:

(1) Decision Terminating Review. Any decision terminating review.

(2) Interlocutory Decision. Subject to the restrictions imposed by rule 13.5(b), any interlocutory decision, including but not limited to (i) a decision denying a motion to modify a ruling of the commissioner or clerk which denies a motion for discretionary review, and (ii) if the clerk refers a motion for discretionary review to the court, a decision by the court which denies a motion for discretionary review.

(b) Decision Terminating Review. A party seeking review of a Court of Appeals decision terminating review may first file a motion for reconsideration under rule 12.4 and must file a "petition for review" or an "answer" to a petition for review as provided in rule 13.4.

(c) Interlocutory Decision. A party seeking review of an interlocutory decision of the Court of Appeals must file a "motion for discretionary review" as provided in rule 13.5.

(d) Incorrect Designation of Motion or Petition. A motion for discretionary review of a decision terminating review will be given the same effect as a petition for review. A petition for review of an interlocutory decision will be given the same effect as a motion for discretionary review.

(e) Ruling by Commissioner or Clerk. A ruling by a commissioner or clerk of the Court of Appeals is not subject to review by the Supreme Court. The decision of the Court of Appeals on a motion to modify a ruling by the commissioner or clerk may be subject to review as provided in this title.

References

Rule 12.3, Forms of Decision; Rule 17.3, Content of Motion, (b) Motion for discretionary review.

FREE CASE EVALUATION

  • 2018.png

CONTACT

  • Local: (360) 635-6464
  • Toll Free: (855) 749-0756
  • Fax: (888) 509-8268

LOCATION and MAILING

  • 9105A NE HWY 99, Suite 200
  • Vancouver, WA 98665

Click here for directions

Now defending cases across Washington State:

Clark County, Cowlitz County, Columbia County, King County, Klickitat County, Lewis County, Skamania County, Yakima County, Franklin County, Benton County, Walla Walla County, Wahkiakum County, Thurston County, Pierce County, Vancouver, Battle Ground, Kelso, Longview, Camas, Washougal.

Disclaimer and Privacy Policy (C) 2015

  • 9105A NE HWY 99, St 200, VANCOUVER, WA
  • CALL US FOR A FREE CASE EVALUATION 360-635-6464