GR 9 COVER SHEET

Suggested Amendment Rules of Appellate Procedure

Rule 10.2 – Time For Filing Briefs

A.  Proponent: Washington State Court of Appeals Rules Committee

B.  Spokesperson: Judge Bradley Maxa, Chair

C.  Purpose: Add a new sentence to paragraph (h) (Service of Briefs): “Separate service is not necessary as to parties or amici participating in electronic filing.” Paragraph (h) has historically required a party who files a brief to serve a copy of the brief upon all other parties and amicus curiae with proof of service filed in the appellate court. The proposed new sentence waives this requirement for case participants who participate in electronic filing because, when a party files a brief using the electronic portal, a link to the brief is automatically transmitted to all other case participants. Accordingly, continuing to require the party who files a brief using the electronic portal to serve a copy of the brief upon all other case participants and file proof of such service is unnecessarily duplicitous.

D.  Hearing: Not requested.

E.  Expedited Consideration: Not requested.

F.  Supporting Material: Suggested rule amendment.