Proposed Rules Archives

RAP 5.2 - Time Allowed to File Notice


GR 9 COVER SHEET
Suggested Amendment

RULES OF APPELLATE PROCEDURE (RAP)
Rule 5.2 – Time Allowed to File Notice

(Clarifies the timing of a notice of discretionary review when a motion for reconsideration is filed)
Submitted by the Board of Governors of the Washington State Bar Association

Purpose: This suggested amendment clarifies the current practice of the appellate courts to consider a notice of discretionary review timely if it is filed within 30 days of an order deciding a timely motion for reconsideration of the act that the party filing the notice wants reviewed.  In what appears to be an oversight, the current version of RAP 5.2(b) does not address this situation. This suggested amendment also provides grammatical clarity in the parallel provision of section 5.2(a).

 

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