General Orders of Division III

RESCINDED - In RE the Matter of Court Administration Order RE: Restrictions on Motion on the Merits Practice

            Motions on the Merits, authorized by RAP 18.14, are decided by court commissioners.  In the interest of judicial economy, IT IS ORDERED:

            Conflicting provisions of RAP 18.14 are waived and the following restrictions are imposed:

            (1) The parties shall not file, and the Clerk of Court will not accept, a motion on the merits to reverse.

            (2) The parties shall not file, and the Clerk of Court will not accept, a partial motion on the merits that would leave additional issues for resolution by the court.

            (3) The parties are discouraged from filing a motion on the merits to affirm in any case with a record exceeding 500 pages of combined clerk’s papers and report of proceedings unless issues on appeal are limited to a narrow portion of the record and are dispositive of the case.  The Commissioner shall have discretion to decline to consider any motion on the merits if the size of record on review would have an adverse impact on the functioning of the Commissioner’s office given limited resources.

            IT IS FURTHER ORDERED,

            Nothing in this rule shall be construed as a limitation on the Court’s ability to refer a case to the Commissioner’s office for consideration as a motion on the merits.

            Parties that agree to reversal of a judgment may file an agreed motion for consideration by the Court.

Effective Date:  May 1, 2010

DATED:  April 8, 2010

FOR THE COURT: