RAP 4.3: DIRECT REVIEW OF DECISIONS OF COURTS OF LIMITED JURISDICTION

(a) Prerequisites for Direct Review of Decisions of Courts of Limited Jurisdiction. A party may seek direct review in the Supreme Court of a decision of a court of limited jurisdiction if:

(1) The decision is a final decision appealable under RALJ 2.2, and (2) The trial court enters a written statement setting forth its reasons for concluding that:

(a) The case involves a fundamental and urgent issue of statewide importance which requires a prompt and precedential determination;

(b) Delay in obtaining such a determination would cause significant detriment to any party or to the public interest; and

(c) The record of the proceedings in the court of limited jurisdiction adequately presents the issue.

(b) Service and Filing of Statement of Grounds for Direct Review. A party seeking direct review of a decision of a court of limited jurisdiction in the Supreme Court must within 15 days after filing the notice of appeal serve on all other parties and file in the Supreme Court a statement of grounds for direct review in the form provided in section (c).

(c) Form of Statement of Grounds for Direct Review. The statement should be captioned "Statement of Grounds for Direct Review," contain the title of the case as provided in rule 3.4, conform to the formatting requirements of rule 10.4(a), and contain under appropriate headings and in the order here indicated:

(1) Nature of Case and Decision. A short statement of the substance of the case below and the basis for the trial court decision;

(2) Issues Presented for Review. A statement of each issue the party intends to present for review; and

(3) Grounds for Direct Review. The grounds upon which the party contends direct review should be granted.

(4) Appendix. A copy of the trial court's written statement under Rule 4.3(a)(2).

The statement of grounds for direct review should not exceed 15 pages, exclusive of appendices and the title sheet.

(d) Answer to Statement of Grounds for Direct Review. A respondent may file an answer to the statement of grounds for direct review. The answer should be filed within 14 days after service of the statement on respondent. The answer should conform to the formatting requirements of rule 10.4(a). The answer should not exceed 15 pages, exclusive of appendices and the title sheet.

(e) Procedure. Upon receipt of the statement of grounds for direct review and answer, the Supreme Court will set the matter for preliminary consideration on the motion calendar of a commissioner or clerk. The commissioner or clerk may accept review or transfer the case to the Court of Appeals or to the Superior Court. Any transfer will be without prejudice and without costs. Title 17 relating to motions governs oral argument, decisions by ruling, and the means of objecting to the ruling of the commissioner or clerk.

[Amended effective September 1, 2010]