RAP RULE 12.3
                     FORMS OF DECISION


    (a) Decision Terminating Review. A "decision terminating review" is an
opinion, order, or judgment of the appellate court or a ruling of a
commissioner or clerk of an appellate court if it:

    (1) Is filed after review is accepted by the appellate court filing
the decision; and

    (2) Terminates review unconditionally; and

    (3) Is (i) a decision on the merits, or (ii) a decision by the judges
dismissing review, or (iii) a ruling by a commissioner or clerk dismissing
review, or (iv) an order refusing to modify a ruling by the commissioner
or clerk dismissing review.

    (b) Interlocutory Decision. An "interlocutory decision" is any
opinion, order, or judgment of the appellate court or ruling of a
commissioner or clerk which is not a decision terminating review.

    (c) Ruling. A "ruling" is any determination of a commissioner or clerk
of an appellate court. The ruling may be a decision terminating review or
an interlocutory decision.

    (d) Publication of Opinions--Court of Appeals. A majority of the panel
issuing an opinion will determine if it will be printed in the Washington
Appellate Reports pursuant to RCW 2.06.040 or be filed for public record
only.  In determining whether the opinion will be published in the
Washington Appellate Reports, the panel will use at least the following
criteria: (1) Whether the decision determines an unsettled or new question
of law or constitutional principle; (2) Whether the decision modifies,
clarifies or reverses an established principle of law; (3) Whether a
decision is of general public interest or importance; or (4) Whether a
case is in conflict with a prior opinion of the Court of Appeals.

    (e) Motion To Publish. A motion requesting the Court of Appeals to
publish an opinion that had been ordered filed for public record should be
served and filed within 20 days after the opinion has been filed. The
motion must be supported by addressing the following criteria: (1) if not
a party, the applicant's interest and the person or group applicant
represents; (2) applicant's reasons for believing that publication is
necessary; (3) whether the decision determines an unsettled or new
question of law or constitutional principle; (4) whether the decision
modifies, clarifies or reverses an established principle of law; (5)
whether the decision is of general public interest or importance; or (6)
whether the decision is in conflict with a prior opinion of the Court of
Appeals.  A party should not file an answer to a motion to publish or a
reply to an answer unless requested by the appellate court. The court will
not grant a motion to publish without requesting an answer.


[Amended December 5, 2002; September 1, 2006.]