Motion for Discretionary Review

Generally

If the appellate court accepts discretionary review of a trial court decision, it will do so by granting a motion for discretionary review. Regular motion procedure governs.

Timeline

The party seeking discretionary review must file in the appellate court a motion for discretionary review within 15 days after filing the notice for discretionary review. The clerk of the appellate court will promptly give written notice to the parties and the trial court of the appellate court’s decision.

Content

• A motion for discretionary review must include a statement of the name and designation of the person filing the motion.
• It must include a statement of the relief sought.
• A motion for discretionary review must also refer to or include copies of the parts of the record relative to the motion.
• It must also state the grounds for the relief sought, with supporting argument.
• A motion for discretionary review should utilize the format delineated in RAP 17.3.
• It must have a title page, which serves as the cover.
• It must include as statement of the decision that the petitioner wants reviewed, the court entering or filing the decision, the date entered or filed, and the date and a description of any order granting or denying motions made after the decision.
• It must include a concise statement of the issues presented for review and a statement of the facts and procedure below relevant to the issues presented for review.
• It must include an appendix containing a conformed copy of the decision that the party wants reviewed.

Corresponding RAP Rules: 2.3, 6.2, 17.3, 17.6

Form: Yes, see sample