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."

OR

"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.)"

OR

"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.]