Rule 9.5 – Filing and Service of Report of Proceedings - Objections
A.Proponent: Washington State Court of
Appeals RulesCommittee
B.Spokesperson: Judge Bradley Maxa,Chair
C.Purpose: The proposed amendment
reflects current practice as a result of General Orders for the Court of
Appeals, which require court reporters, transcribers, and case participants
admitted to practice law in the State of Washington to file VRPs, briefs, and
other court documents using the appellate court’s electronic filing system. For
example, on April 17, 2020, the Court of Appeals issued a General Order
regarding procedures for court reporters and transcribers that requires that a
“Qualifying Electronic VRP shall be filed using the appellate courts’ web
e-filing portal.” When a Qualifying Electronic VRP is filed using the appellate
court’s electronic filing system, each party who participates in electronic
filing receives an electronic copy of the electronic VRP.This proposed amendment waives the
requirement that a party filing a brief promptly forward a copy of the VRP to
the party with the right to file the next brief where that party participates
in electronic filing and, accordingly, has already received an electronic copy
of theVRP.
D.Hearing: Notrequested.
E.Expedited Consideration: Notrequested.
F.Supporting Material: Suggested ruleamendment.
RAP
9.5
FILING AND SERVICE OF REPORT OF
PROCEEDINGS—OBJECTIONS
(a)Generally. The
party seeking review must file an agreed or narrative report of proceedings
with the appellate court within 60 days after the statement of arrangements is
filed. The court reporter or authorized transcriptionist preparing a verbatim
report of proceedings must file it in the appellate court within 60 days after
the statement of arrangements is filed and all named court reporters or
authorized transcriptionists are served. The court reporter or authorized
transcriptionist shall promptly notify all parties that the report of
proceedings has been filed with the appellate court, and shall provide a copy
of the report of proceedings to the party who arranged for thetranscript.
(1)Apartyfilingabriefmustpromptly
forwardacopyoftheverbatim
report ofproceedingswithacopy of the brief to the party with the
right to file the next brief. If more than one party has the right to file the
next brief, the parties must cooperate in the use of the report of proceedings.
The party who files the last brief should return the copy of the report of
proceedings to the party who paid for it. This subsection does not apply if
the party with the right to file the next brief participates in electronic
filing and has thereby received electronic copies of the verbatim report ofproceedings.
(1)A
searchable PDF electronic copy of the verbatim report of proceedings shall be
filed with the original verbatim report of proceedings, with a copy provided to
the party who caused the verbatim report of proceedings to be filed. The report
of proceedings may be electronically filed with the
appellate court in accordance with the court’s filingprocedures.
Additional
Time for Filing and Service of Verbatim Report of Proceedings. If a verbatim report of proceedings cannot
be completed within 60 days after the statement of arrangements is filed and
served, the court reporter or authorized transcriptionist shall, no later than
10 days before the report of proceedings is due to be filed, submit an
affidavit to the party who ordered the report of proceedings stating the
reasons for the delay. The party who requested the verbatim report of
proceedings should move for an extension of time from the appellate court. The
clerk will notify the parties of the action taken on the motion. Failure to
timely file the verbatim report of proceedings and notice of service may
subject the court reporter or video transcriber or authorized transcriptionist
to sanctions as provided in rule 18.9.
Objections to Report of Proceedings. A
party may serve and file objections to, and propose amendments to, a narrative
report of proceedings or a verbatim report of proceedings within 10 days after
receipt of the report of proceedings or receipt of the notice of filing of the
report of proceedings with the appellate court. If objections or amendments to
the report of proceedings are served and filed, any objections or proposed
amendments must be heard by the trial court judge before whom the proceedings
were held for settlement and approval, except objections to the form of a
report of proceedings, which shall be heard by motion in the appellate court.
The court may direct court reporters or authorized transcriptionists to pay for
the expense of any modifications of the proposed report of proceedings. The
motion procedure of the court deciding any objections shall be used in settling
the report ofproceedings.
SubstituteJudgeMaySettleReportofProceedings.Ifthejudgebeforewhomtheproceedingswere held is for any reason unable to promptly settle questions
as provided in section (c), another judge may act in the place of the judge
before whom the proceedings wereheld.