§ 18.3 Review of an Interlocutory Decision—Rap 13. 5

• Jurisdiction: Washington

§18.3 REVIEW OF AN INTERLOCUTORY DECISION—RAP 13.5

The motion procedure of RAP 17.7 is used to seek review of an interlocutory Court of Appeals decision. RAP 13.3(c); RAP 13.5. It is also used to seek review of a decision terminating review in a personal restraint petition (RAP 16.14(c)) or a post-sentence petition (RAP 16.18(g)) and to seek accelerated review of specified juvenile court matters (RAP 18.13(e)) and adult sentencing matters (RAP 18.15(g)). See RAP 13.5A. A motion for discretionary review may also be filed in the Supreme Court from an order of the Court of Appeals denying a discretionary review motion brought in that court. RAP 13.3(a)(2); Fox v. Sunmaster Prods., 115 Wn.2d 498, 798 P.2d 808 (1990), review denied, 118 Wn.2d 1029 (1992).

A motion for discretionary review must be filed within 30 days after entry of the interlocutory decision or final decision the party wants reviewed. RAP 13.5(a) (interlocutory decisions); RAP 13.5(c) (specified decisions terminating review). The motion for discretionary review must be filed in the Supreme Court, and a copy must be filed in the Court of Appeals. RAP 13.5(a).

Motions for reconsideration of interlocutory decisions of the Court of Appeals are not authorized. RAP 12.4. As a result, the filing of a motion for reconsideration of an interlocutory decision will not extend the time within which a motion for discretionary review under RAP 13.5 must be filed in the Supreme Court.

The criteria for discretionary review of an interlocutory decision of the Court of Appeals by the Supreme Court parallel the criteria for discretionary review of a trial court decision. Compare RAP 13.5(b) with RAP...