GR 9 COVER SHEET

Suggested New Rule Rules of Appellate Procedure

Rule 9.      

A.  Proponent: Washington State Court of Appeals Rules Committee

B.  Spokesperson: Judge Bradley Maxa, Chair

C.   Purpose: The purpose of the proposed new rule is to facilitate appellate counsel’s access to trial court records necessary for appeal. In some circumstances, trial court records are accessible to only counsel of record. See, e.g., RCW 13.50.100(2), (7). The proposed rule clarifies that appellate counsel must be considered counsel of record for purposes of accessing trial court records regardless of case type. Requiring appellate counsel to file a notice of appearance in the trial court in order to access the trial court record is inappropriate because appellate counsel typically is not involved in representing the client at the trial court level, and trial court hearings might be ongoing despite the pendency of an appeal or appellate review proceeding.

D.  Hearing: Not requested.

E.  Expedited Consideration: Not requested.

F.   Supporting Material: Suggested new rule.