Proposed Rules Archives

RAP 2.2 - Decisions of the Superior Court that may be Appealed


GR 9 COVER SHEET
Suggested Amendment

RULES OF APPELLATE PROCEDURE (RAP)
Rule 2.2(c): Decisions of the Superior Court That May Be Appealed

Submitted by the Court of Appeals Rules Committee

Purpose: The proposed amendment clarifies that appellate courts’ review of superior courts’ small claims decisions is available only if discretionary review is accepted. Review is not a matter of right but must be granted by the appellate court under Rule 2.3.

The small claims procedure was intended to be a simple, accessible, and expedited process used by lay persons to resolve small disputes. WA F.B. Rep., 1997 Reg. Sess. S.B. 5295. Litigants already have the right to appeal the small claims court’s decision to a superior court under CRLJ 72. Further mandatory review deviates from the purpose of small claims courts by increasing the expense and burden to the litigants and should only be permitted on a discretionary basis.

 

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