Proposed Rules Archives

• Proposed Changes to RAP 13.4 - Discretionary Review of Decision Terminating Review (in Word Format)
• Comments Received for RAP 13.4 - Discretionary Review of Decision Terminating Review

Purpose: The purpose of the proposed amendment is to require that the parties serve a petition for review, answer, and reply on other parties. Currently, the rule provides that these pleadings will be served by the Clerk’s office. In practice, most attorneys serve the other party with their petition for review, answer, and reply.  Requiring service by the party, instead of by the Clerk’s office, is consistent with the requirements in the RAPs for parties to serve the opposing party with a motion (including a motion for discretionary review), answer to a motion, or reply to answer (RAP 17.4(a) and (f), see also RAP 13.5(c) and 13.5A(c)); notice of appeal or notice for discretionary review (RAP 5.4(a)); statement of grounds for direct review (RAP 4.2(b) and RAP 4.3(b)); statement of arrangements (RAP 9.2(a)); designation of clerk’s papers (RAP 9.6(a)); and any brief (RAP 10.2(h) and RAP 13.7(e)).

The only other place in the RAPs where the party does not make service is in the case of a Petitioner filing a personal restraint petition. See RAP 16.8(c).  In that situation it makes sense to require the Clerk to make service because the rule also provides that the Clerk makes a determination as to who is the appropriate respondent(s). Often times the Petitioner in a personal restraint petition is mistaken as to who is the appropriate respondent.