§ 16.3 Types of Decision

• Jurisdiction: Washington

§16.3 TYPES OF DECISION

This section distinguishes decisions terminating review from interlocutory decisions and discusses methods for seeking review of each.

(1) Generally

RAP 12.3 divides appellate court decisions into two categories: decisions terminating review and interlocutory decisions. A ruling by a commissioner or clerk of an appellate court is treated as a decision by the court for purposes of RAP 12.3 and will be either a decision terminating review or an interlocutory decision. RAP 12.3(c). However, a ruling of a commissioner or clerk of the Court of Appeals is not subject to review by the Supreme Court. A party seeking review by the Supreme Court must first move to modify the ruling of the clerk or commissioner. The decision of the judges on that motion is then subject to review by the Supreme Court. See Chapter 18 of this deskbook.

If the decision of the judges is a decision terminating review, a motion for reconsideration of that decision may be filed with the Court of Appeals. It is not necessary to file a motion for reconsideration in the Court of Appeals to seek further review in the Supreme Court. RAP 12.4(a); RAP 13.3(b). Review by the Supreme Court is sought by a petition for review. RAP 13.4. See Chapter 18 of this deskbook.

If the Court of Appeals decision is interlocutory, a motion for reconsideration is not...