GR 9 Cover Sheet

Suggested Changes to RAP 17.7, 18.13(c), and 18.13A (d)

(A)                Name of Proponent:  Washington Court of Appeals Rules Committee.

(B)                 Spokesperson:     Honorable Kevin M. Korsmo, Chair, Washington Court of Appeals Rules Committee.

Purpose:  At present, the procedure used by the parties for a motion to modify a commissioner’s ruling terminating review of a motion for accelerated review in a juvenile case is the general motion procedure in RAP 17.7.  The suggested amendments to RAP 17.7, 18.13(c), and 18.13A(d) create a new procedure for these motions in juvenile cases, with a shortened time frame, which is consistent with the expedited review process in RAP 18.13 (Accelerated Review of Dispositions in Juvenile Offense Proceedings) and 18.13A (Accelerated Review of Juvenile Dependency Disposition Orders, Orders Terminating Parental Rights, and Dependency Guardianship Orders.)

The suggested changes to RAP 17.7 states that the procedure for a motion to modify a Court of Appeals commissioner’s ruling terminating review of a motion for accelerated review filed pursuant to RAP 18.13 or RAP 18.13A is governed by the provisions of those rules.

The suggested changes to RAP 18.13 provide that the motion filed pursuant to that rule to modify a Court of Appeals commissioner’s ruling terminating review of a motion for accelerated review must be served and filed within 15 days after the commissioner’s ruling is filed. An answer to the motion must be filed within 15 days after the motion is filed. No reply should be filed unless requested by the Court.

The suggested changes to RAP 18.13A add a subsection on the procedure for motions to the rule identical to the subsection in RAP 18.13, including the suggested accelerated motion procedure for motions to modify a Court of Appeals commissioner’s ruling terminating review of a motion for accelerated review.