Notice of Discretionary Review

Timeline

In order to gain review of a trial court decision, the party seeking review must file a notice for discretionary review. The notice for discretionary review must be filed within 30 days after the act of the trial court’s decision to be reviewed. The exceptions to this rule are addressed in RAP rules 3.2 (e), 5.2 (d, f). If statute specifies a time requirement other than thirty days, then the time period established by the statute should be followed.

Fee

The first party to file a notice of discretionary review must, upon filing, pay the statutory filing fee to the clerk of the superior court in which the notice is filed. If cases are tried together, a single fee should be paid. Otherwise, a separate fee must be paid for each case.

Content

A notice of discretionary review must be titled/ labeled as such.

• It must specify the party/parties seeking review.
• It must designate the decision or part of the decision that the party wants reviewed.
• The notice must also name the appellate court to which the review is taken.

If seeking review of a decision of a court of limited jurisdiction, the notice should include the name of the district or municipal court and the cause number for which the review is sought.

The notice should include parties, counsel, and if a criminal case, the address of the defendant.

Filing & Service of Notice

The party filing the notice for discretionary review shall on the same day serve a copy of the notice on each party of record and file a copy of proof of service with the appellate court designated in the notice.

Corresponding RAP Rules: 2.3, 3.2, 5.1, 5.2, 5.3, 5.4, 5.5

Form: Yes, see sample.Form 2. [Rule 5.3(b)]