§ 20.4 Mandate and Finality of Decision

• Jurisdiction: Washington

§20.4 MANDATE AND FINALITY OF DECISION

To ensure finality of the appellate decision-making process, the appellate court must lose the power to change or modify its decision at some point. Although there are a few exceptions, the loss of authority generally comes when the mandate is issued. RAP 12.7.

(1) Court of Appeals—general rule

The Court of Appeals loses its authority to change or modify its decision once the mandate issues, once a certificate of finality issues, or when the Supreme Court accepts review of the Court of Appeals decision. RAP 12.7(a).

(2) Supreme Court—general rule

The Supreme Court loses its authority to change or modify a decision of the Court of Appeals once the Court of Appeals issues the mandate or the Supreme Court issues a mandate.

(3) Exception for recall of mandate

The rule provides an exception to the general rule that the appellate decision is final upon issuance of the mandate: the appellate court regains its authority to change or modify its decision when it recalls the mandate. RAP 12.7(a), (b). Mandates are rarely recalled. See §20.9.

(4) Exception for costs and attorney fees

Although the cost and fee award is usually contained in the mandate, the appellate court also retains the authority to rule on costs and attorney fees and expenses even though the mandate...