Skip Page LinksWelcome to Washington State Courts
Courts Home> Court Rules
 
	
                              CRLJ RULE 73
                             TRIAL DE NOVO

    (a) Scope of Rule. This rule applies only to proceedings which are
not subject to appellate review under the Rules for Appeal of Decisions
of Courts of Limited Jurisdiction. The proceedings to which those rules
apply are defined by RALJ 1.1.

    (b) Filing Notice of Appeal -- Service.

    (1) A party appealing a judgment or decision subject to this rule
must file in the court of limited jurisdiction a notice of appeal within
30 days after the judgment is rendered or decision made. Filing the
notice of appeal is the only jurisdictional requirement for an appeal.

    (2) The statutory filing fee for superior court must be paid to the
clerk of the limited jurisdiction court at the time the notice of appeal
is filed, unless the party is excused from paying a filing fee by
statute or by the constitution.

    (3) The clerk of the court of limited jurisdiction shall immediately
upon filing of a notice of appeal and payment of the filing fee, if
required, file a copy of the notice with the superior court.

    (4) A party filing a notice of appeal shall also, within the same 30
days, serve a copy of the notice of appeal on all other parties or their
lawyers and file an acknowledgment or affidavit of service in the court
of limited jurisdiction.

    (c) Bond. A bond or undertaking shall be executed on the part of the
appellant, except when the appellant is a county, city, town or school
district, and filed with and approved by the court of limited
jurisdiction with one or more sureties, in the sum of $100, conditioned
that the appellant will pay all costs that may be awarded against him on
appeal; or if a stay of proceedings in the court of limited jurisdiction
be claimed, except by a county, city, town or school district, a bond or
undertaking, with two or more personal sureties, or a surety company as
surety, to be approved by the court of limited jurisdiction, in a sum
equal to twice the amount of the judgment and costs, conditioned that
the appellant will pay such judgment, including costs, as may be
rendered against him on appeal, be so executed and filed.

    (d) Stay of Proceedings. Upon an appeal being taken and a bond filed
to stay all proceedings, the court of limited jurisdiction shall allow
the same and make an entry of such allowance, and all further
proceedings on the judgment in such court shall thereupon be suspended;
and if in the meantime execution shall have been issued, such court
shall give the appellant a certificate that such appeal has been allowed.

    (e) Release of Property Taken on Execution. On such certificate
being presented to the officer holding the execution, he shall forthwith
release the property of the judgment debtor that may have been taken on execution.

    (f) No Dismissal for Defective Bond. No appeal allowed by a court of
limited jurisdiction shall be dismissed on account of any defect in the
bond on appeal, if the appellant, before the motion is determined, shall
execute and file in the superior court such bond as he should have
executed at the time of taking the appeal, and pay all costs that may
have accrued by reason of such defect.

    (g) Judgment Against Appellant and Sureties. In all cases of appeal
to the superior court, if on the trial anew in such court, the judgment
be against the appellant in whole or in part, such judgment shall be
rendered against him and his sureties on the bond on appeal.


[Amended effective September 1, 1995; September 1, 1998.]
	

Click here to view in a PDF.

 
 
Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library 
Back to Top | Privacy and Disclaimer Notices