RULE 16.2
ORIGINAL ACTION AGAINST STATE OFFICER
(a) Generally. The Supreme Court and the superior court have concurrent
original jurisdiction of a petition against a state officer in the nature
of quo warranto, prohibition, or mandamus. This rule applies only to an
action originating in the Supreme Court.
(b) Initiating Proceeding. The proceeding is initiated by filing the
petition in the Supreme Court and serving the petition on the proper
parties. The petition must be noted for hearing before the commissioner or
clerk as provided in rule 17.4 for motions. The notice of hearing should be
served with the petition. Service of the petition and notice must be made
as provided in the Superior Court Civil Rules and statutes for service of a
summons in a superior court action.
(c) Motion Procedure Governs. The petition is treated by the Supreme
Court as a motion to a commissioner or clerk. Title 17 relating to motions
governs the response to the petition, oral argument, decisions by ruling,
and the means of objecting to the ruling of the commissioner or clerk.
(d) Decisions Made by Commissioner or Clerk. A commissioner or clerk
will, at the hearing, determine if the petition should be decided by the
Supreme Court, transferred, or dismissed. If the commissioner or clerk
decides that the petition should be transferred, the petition will be
transferred to a superior court for determination on the merits. If the
petition is not transferred or dismissed, the commissioner or clerk will
refer questions of fact to a master or to the superior court unless an
agreed and adequate written statement of facts is approved by the parties
prior to or at the hearing. The commissioner or clerk will also determine
the timing of all remaining steps in the proceeding, including time for
filing briefs on the merits.
(e) Procedure if Petition Is Not Transferred. The procedure if the
petition is not transferred is the same as the procedure in the Supreme
Court after acceptance of review of a trial court decision, except as
otherwise directed by a ruling of the commissioner or clerk as provided in
section (d).
(f) Statutory Time Limits Govern. If a statute provides a time within
which a petition against a state officer in the nature of quo warranto,
prohibition, or mandamus must be filed, the petition must be filed in the
Supreme Court within the time period established by the statute.
(g) Costs. Costs are determined and awarded as provided in Title 14.
The appellate court will award costs by supplemental judgment and will, on
motion, transmit the judgment to the clerk of the superior court in the
county selected by the party who is awarded costs. The supplemental
judgment to the superior court shall be filed as a judgment in that court
without payment of a filing fee.
References
Form 16, Petition Against State Officer; Const. art. 4, section 4; CR
4, Process, (d) Service; RCW 4.28, Commencement of Actions; RCW 7.16,
Certiorari, Mandamus and Prohibition; RCW 7.56, Quo Warranto.
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