Proposed Rules Archives

• Proposed Changes to RAP 5.3 - Content of Notice--Filing (in Word Format)
• No comments were submitted.

Purpose:This amendment has two purposes. The first is to make the rule more easily understandable to the practitioner by eliminating unnecessary words and restructuring sentences to more clearly set forth the governing standard. The amendments to the first two sentences are not intended to alter or modify the substance of the original rule.

The second purpose of this amendment is to fill a gap that exists in the current rule. The current rule does not state whether and to what extent an amended notice of appeal or amended notice of discretionary review affects the ability of a party to seek cross review when the deadline to seek cross review from the original notice of appeal has passed. The proposed rule would provide that the filing of an amended notice of appeal or amended notice of discretionary review extends the time allowed to seek cross review of only those parts of the trial court’s decisions identified in the amended notice of appeal or amended notice of discretionary review. In such cases, the party seeking cross review must provide notice within 14 days or as otherwise provided by statute or rule.

The proposed rule prevents prejudice to the respondent by allowing it to seek cross review of newly identified issues. The proposed rule prevents prejudice to the appellant by ensuring that filing an amended notice of appeal that adds a clarifying or minor part of the trial court’s decision will not allow the respondent to seek cross review of the entire trial court’s decision when the deadline to seek cross review has passed.