§ 10.2 Relief Sought By Motion
Jurisdiction | Washington |
§10.2 RELIEF SOUGHT BY MOTION
A party may seek relief, including review of a decision on the merits, by a motion pursuant to Title 17 RAP. The rules do not list all of the types of motions that may be brought under the provisions of Title 17 RAP. However, some motions are expressly identified in the rules, including the following:
(1) | To waive or alter the provisions of any rule "in order to serve the ends of justice," subject to the restrictions in RAP 18.8(b) and (c). RAP 1.2(c). |
(2) | To substitute parties. RAP 3.2(b). |
(3) | To consolidate review proceedings. RAP 3.3(b). |
(4) | To transfer a cause from the Court of Appeals to the Supreme Court. RAP 4.4. |
(5) | To amend a notice of appeal directed only to a portion of a superior court decision. RAP 5.3(h). |
(6) | To permit joinder on review of a party who did not give a notice of appeal. RAP 5.3(i). |
(7) | To accept discretionary review of a superior court order not appealable as a matter of right. RAP 2.3(a); RAP 6.2(b). These types of motions are discussed in Chapters 4 and 6. |
(8) | To determine whether a decision is reviewable as a matter of right or by discretion. RAP 6.2(b). |
(9) | To permit the superior court to modify its decision on review RAP 7.2(e). |
(10) | To stay a decision not affecting property. RAP 8.1(b)(3). |
(11) | To post alternate security to stay enforcement of a trial court decision. RAP 8.1(b)(4). |
(12) | To object to and modify a superior court supersedeas decision RAP 8.1(h). |
(13) | To modify a superior court decision relating to release of a defendant or juvenile during review. RAP 8.2(b). |
(14) | To ensure effective and equitable review, for example, a motion to delay enforcement of a judgment, stay, or injunction. RAP 8.3. |
(15) | To correct or supplement the record after transmittal to the appellate court. RAP 9.10. |
(16) | To supplement the record with additional evidence on review RAP 9.11. |
(17) | To review a trial court decision relating to the record. RAP 9.13. |
(18) | To file additional briefs on the merits. RAP 10.1(h). |
(19) | To file an over-length brief. RAP 10.4(b). |
(20) | To file an amicus curiae brief. RAP 10.6(b). |
(21) | To strike the brief of a party or amicus. RAP 10.7. |
(22) | To decide the case without oral argument. RAP 11.4(j). |
(23) |
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