GR 9 COVER SHEET

Suggested Amendment

Rules of Appellate Procedure

Rule 18.17

A. Proponent: Washington State Court of Appeals Rules Committee

B. Spokesperson: Judge Bradley Maxa, Chair

C. Purpose: The proposed amendment to RAP 18.17 seeks to provide guidance to attorneys and the courts as to when overlength filings are appropriate.  Currently the rule provides only that “All documents filed with the appellate court should conform to the following length limitations unless the appellate court has granted permission to file an overlength document.”  RAP 18.17(c) (emphasis added). The emphasized language encourages parties to seek leave to file overlength briefing and motions without providing any guidance on when it will be granted. Most courts disfavor overlength briefing and seek to allow it only when truly necessary. Excessive briefing without good cause requires the unreasonable expenditure of judicial resources. But some cases may require more, such as those with long procedural histories, multiple parties, multiple significant issues, or some combination of factors.

The proposed new subsection (d) provides guidance by expressly stating that overlength briefing is disfavored and that the rules already contemplate complex cases and those with a length record. The rule requires the parties to show more, and to show that they have created a proposed brief that is concisely edited.

New subsection (d)(2) simply automatically grants a respondent leave to file as long of a brief as was already allowed for an overlength appellant’s brief.

D. Hearing: Not requested.

E. Expedited Consideration: Not requested.

F. Supporting Material: Suggested rule amendment.