RULE 16.7 PERSONAL RESTRAINT PETITION--FORM OF PETITION (a) Generally. Under the titles indicated, the petition should set forth: (1) Status of Petitioner. The restraint on petitioner; the place where petitioner is held in custody, if confined; the judgment, sentence, or other order or authority upon which petitioners restraint is based, identified by date of entry, court, and cause number; any appeals taken from that judgment, sentence or order; and a statement of each other petition or collateral attack as that term is defined in RCW 10.73.090, whether filed in federal court or state court, filed with regard to the same allegedly unlawful restraint, identified by the date filed, the court, the disposition made by the court, and the date of disposition. (2) Grounds for Relief. A statement of (i) the facts upon which the claim of unlawful restraint of petitioner is based and the evidence available to support the factual allegations, (ii) why other remedies are inadequate, and (iii) why the petitioners restraint is unlawful for one or more of the reasons specified in rule 16.4(c). Legal argument and authorities may be included in the petition, or submitted in a separate brief as provided in rule 16.10(a). (3) Statement of Finances. If petitioner is unable to pay the filing fee or fees of counsel, a request should be included for waiver of the filing fee and for the appointment of counsel at public expense. The request should be supported by a statement of petitioners total assets and liabilities. (4) Request for Relief. The relief petitioner wants. (5) Oath. If a notary is available, the petition must be signed by the petitioner or his attorney and verified substantially as follows: After being first duly sworn, on oath, I depose and say: That I am the petitioner, that I have read the petition, know its contents, and I believe the petition is true. or After being first duly sworn, on oath, I depose and say: That I am the attorney for the petitioner, that I have read the petition, know its contents, and I believe the petition is true. ____________________________________________ [Signature] Subscribed and sworn to before me this ____ [date] ____________. ________________________________________________ Notary Public in and for the State of Washington, residing at ____________________________________ If a notary is not available, the petition must be subscribed by the petitioner or his attorney substantially as follows: I declare that I have examined this petition and to the best of my knowledge and belief it is true and correct. Dated this _______ [date]_________. ____________________________________________ [Signature] If a notary is available and a petition is filed that is not verified, the appellate court will return the petition for verified signature and advise the petitioners custodian to make a notary available. (6) Verification. In all cases where the restraint is the result of a criminal proceeding and the petition is prepared by the petitioner's attorney, the petitioner must file with the court no later than 30 days after the petition was received by the court a document that substantially complies with the following form: I declare that I have received a copy of the petition prepared by my attorney and that I consent to the petition being filed on my behalf. Dated this ___ [date]_______. ____________________________________________ [Signature] If the petitioner has been declared incompetent, the verification may be filed by the guardian ad litem. If a petition has been filed to determine competency, the verification procedure shall be tolled until competency is determined. (b) Standard Form. The clerk of the appellate court will make the standard form of petition available to persons who are confined in state institutions and to others who may request the form. (c) Length of Petition. The petition should not exceed 50 pages. References Form 17, Personal Restraint Petition. [Amended effective September 1, 2006; September 1, 2010]
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