RULE 16.15
PERSONAL RESTRAINT PETITION--SUPPLEMENTAL PROVISIONS
(a) Motion. The procedure for and form of a motion is as
provided in Title 17. Motions will ordinarily be considered
without oral argument.
(b) Release by Appellate Court of Person in Custody. The
appellate court may release a petitioner on bail or personal
recognizance before deciding the petition, if release
prevents further unlawful confinement and it is unjust to
delay the petitioner's release until the petition is
determined. The appellate court or the superior court in its
decision on the merits, or by separate order after a
decision on the merits, may release a petitioner on bail or
on personal recognizance. The appellate court may direct the
release of petitioner with the conditions of release to be
determined by a trial court.
(c) Oral Argument. Except as otherwise provided in rule
16.11(c), the procedure for oral argument is governed by
Title 11.
(d) Disposition of Petition. The petition will be
determined by the appellate court by written opinion or
order briefly stating the reasons for the determination.
(e) Certificate of Finality. A certificate of finality
is the written notification of the clerk of the appellate
court to the trial court and the parties that the
proceedings in the appellate court have come to an end.
(1) When Certificate of Finality is Issued by the Court
of Appeals. The clerk of the Court of Appeals issues the
certificate of finality:
(a) Thirty days after the decision is filed, unless (i)
a motion for reconsideration of the decision has been
earlier filed, or (ii) a motion for discretionary review to
the Supreme Court has been earlier filed.
(b) If a motion for reconsideration is timely filed and
denied, 30 days after filing the order denying the motion
for reconsideration, unless a motion for discretionary
review by the Supreme Court has been earlier filed.
(c) If a motion for discretionary review has been timely
filed and denied by the Supreme Court, upon denial of the
motion for discretionary review.
(2) When Certificate of Finality is Issued by the
Supreme Court. The clerk of the Supreme Court issues the
certificate of finality twenty days after the written
opinion or order disposing of the petition is filed unless a
motion for reconsideration of the decision is filed. If a
motion for reconsideration is timely filed, the certificate
of finality shall issue upon the entry of an order denying
the motion for reconsideration.
(f) Costs. Costs are awarded as provided in Title 14.
(g) Indigency--Superior Court Determination. The
provisions of CrR 3.1 apply to a personal restraint petition
transferred to a superior court. If any of the petitioners
expenses incurred in the superior court are to be paid with
public funds, the expenses shall be paid with funds
appropriated by the county in which the superior court is
located.
(h) Indigency--Appellate Court Proceeding. If the
restraint is imposed by the state or local government, and
if the appellate court determines that petitioner is
indigent, the court may provide for the appointment of
counsel at public expense for services in the appellate
court, order waiver of charges for reproducing briefs and
motions, provide for the preparation of the record of prior
proceedings and provide for the payment of such other
expenses as may be necessary to consider the petition in the
appellate court. Invoices for expenses of an indigent person
in the appellate court must be submitted to the appellate
court which decided the petition in the form and manner
provided in rule 15.4, except that a trial court order of
indigency is not required and the invoice must be submitted
within 45 days after the appellate court decision
terminating the proceeding is filed. If a petitioner who
claims to be indigent is in the custody of an agency of the
Department of Social and Health Services, the clerk of the
appellate court will obtain a statement of petitioners known
assets from the superintendent of the institution where
petitioner is confined. Statutes providing for payment of
expenses with public funds are not superseded.
References
Title 15, Special Provisions Relating to Rights of
Indigent Party.
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