RULE 16.3
PERSONAL RESTRAINT PETITION--GENERALLY
(a) Habeas Corpus and Postconviction Relief. Rules 16.3
through 16.15 and rules 16.24 through 16.27 establish a
single procedure for original proceedings in the appellate
court to obtain relief formerly available by a petition for
writ of habeas corpus or by an application for
postconviction relief.
(b) Former Procedure Superseded. The procedure
established by rules 16.3 through 16.15 and rules 16.24
through 16.27 for a personal restraint petition supersedes
the appellate procedure formerly available for a petition
for writ of habeas corpus and for an application for post-
conviction relief, unless one of these rules specifically
indicates to the contrary. These rules do not supersede and
do not apply to habeas corpus proceedings initiated in the
superior court.
(c) Original Appellate Court Jurisdiction. The Supreme
Court and the Court of Appeals have original concurrent
jurisdiction in personal restraint petition proceedings in
which the death penalty has not been decreed. The Supreme
Court will ordinarily exercise its jurisdiction by
transferring the petition to the Court of Appeals. The
Supreme Court has exclusive original jurisdiction in
personal restraint proceedings in which the petitioner is
under a sentence of death.
References
RCW 7.36, Habeas Corpus.
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