§ 10.4 Form, Content, Filing, and Service of Papers

• Jurisdiction: Washington

§10.4 FORM, CONTENT, FILING, AND SERVICE OF PAPERS

RAP 17.3 and RAP 17.4 govern the content and form of motions, and RAP 17.4 also covers service and filing.

(1) Content of motion

Generally speaking, the motion should (1) identify the name and designation of the party filing the motion, (2) include a statement of the relief requested, (3) reference or copy relevant portions of the trial court record, and (4) include a statement of the grounds for relief with supporting argument. RAP 17.3(a).

RAP Form 18 is reprinted below:

No. [Appellate court docket number]
[SUPREME COURT] or [COURT OF APPEALS,
DIVISION _____________]
OF THE STATE OF WASHINGTON

[Title of trial court proceeding	)	MOTION FOR
with parties designated as in	)	[identify relief sought]
rule 3.4]	)

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."]

PracticeTip: The moving party should be specific and concise in designating the relief sought. In a simple motion, the identity of the moving party and statement of relief sought may be combined in a single paragraph entitled "Relief Sought by Moving Party."

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."]

PracticeTip: In a simple procedural motion when the facts and argument are brief, both can be combined under the heading "Relevant Facts and Grounds for Relief."

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]

(2) Supporting documents

A party may submit relevant trial court pleadings as well as affidavits in support of or in opposition to a motion. Affidavits or declarations are the only way the appellate court may be apprised of the factual context for motions to stay, motions to dismiss for mootness or because of acceptance of benefits, and motions to award fees as sanctions for violation of the rules.

Although RAP 9.11 applies to limit new evidence on review to decide cases on the merits, the appellate courts regularly consider affidavits and declarations to decide motions. RAP 17.4(f) makes clear that affidavits may be considered in connection with a motion and clarifies that RAP 9.11 does not apply to affidavits and papers submitted in connection with motions other than motions on the merits. See State v. Chetty, 167 Wn.App. 432, 440 n.5, 272 P.3d 918 (2012) (allowing evidence "outside the record" to decide a motion to extend the time to file an appeal, because RAP 17.4(f) "expressly allows a party to file 'affidavits and other papers' in support of a motion"); but see Buckley v. Snapper Power Equip. Co.,61 Wn.App. 932, 813 P.2d 125 (rejecting additional evidence as barred by RAP 9.11 in response to a motion to dismiss because of the...