RAP RULE 13.7
PROCEEDINGS AFTER ACCEPTANCE OF REVIEW
(a) Procedure. The procedure in the Supreme Court, after acceptance of
review of a decision of the Court of Appeals, is the same as the procedure
in the Supreme Court after acceptance of review of a trial court decision,
except that (1) the record in the Court of Appeals is the record on review
in the Supreme Court, and (2) only the briefs filed in the Court of Appeals
and the documents submitted in connection with the motion for discretionary
review or petition for review will be considered by the Supreme Court,
unless additional briefs are submitted by the parties in accordance with
sections (d) and (e) of this rule or are requested by the Supreme Court.
(b) Scope of Review. If the Supreme Court accepts review of a Court of
Appeals decision, the Supreme Court will review only the questions raised
in the motion for discretionary review, if review is sought of an
interlocutory decision, or the petition for review and the answer, unless
the Supreme Court orders otherwise upon the granting of the motion or
petition. The Supreme Court may limit the issues to one or more of those
raised by the parties. If the Supreme Court reverses a decision of the
Court of Appeals that did not consider all of the issues raised which might
support that decision, the Supreme Court will either consider and decide
those issues or remand the case to the Court of Appeals to decide those issues.
(c) Other Limitations on Scope of Review. The scope of review may be
further affected by the circumstances set forth in rule 2.5.
(d) Supplemental Briefs, Authorized. Within 30 days after the Supreme
Court grants a petition for review, or a motion for discretionary review,
any party may file and serve a supplemental brief in accordance with these
rules. No response to a supplemental brief may be filed or served except by
leave of the Supreme Court.
(e) Supplemental Briefs, Special Requirements.
(1) Form. Except as to length, a supplemental brief should conform to
rules 10.3 and 10.4 and should be captioned "supplemental brief of
(petitioner/respondent--name of party)."
(2) Length. A supplemental brief should not exceed 20 double spaced
pages. The title sheet, appendices, table of contents and table of
authorities are not included in this page limitation. For compelling
reasons the court may grant a motion to file an over-length brief.
(3) Filing and Service. A supplemental brief should be filed in the
Supreme Court and served in accordance with rule 10.2.
References
Rule 2.5, Circumstances Which May Affect Scope of Review.
[Amended effective September 1, 2006.]
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