Proposed Rules Archives

• Proposed Changes to RAP 10.10 - Statement of Additional Grounds for Review (in Word Format)
• Comments Received for RAP 10.10 - Statement of Additional Grounds for Review

Purpose: The amendment to Rule 10.10(a) conforms the scope of the statement of additional grounds to the scope of review. Defendants retain the ability to discuss matters they believe have not been adequately addressed, but they may only speak to issues related to the ruling being considered by the appellate court. The statement is only available to those defendants who have an appeal as a matter of right, and the statement must relate to the judgment or order that was appealed.

The amendment to Rule 10.10(c) limits attachments to the Statement of Additional Grounds to items that are in the appellate record. The appropriate instrument for a defendant who wishes to raise issues and evidence outside the record is the personal restraint petition (PRP). See State v. McFarland, 127 Wn.2d 322, 337-38, 899 P.2d 1251 (1995) (PRP appropriate means of introducing matters outside record on appeal). A PRP may be filed concurrently with the direct appeal. See Washington State Bar Ass'n, Appellate Practice Desk Book § 32.2(2)(c), at 32–7 (3d ed. 2005) (citing State v. Byrd, 30 Wn. App. 794, 800, 638 P.2d 601 (1981)). The personal restraint procedure is designed to be clear and simple, and readily lends itself to pro se representation. Washington State Bar Ass'n, Appellate Practice Desk Book § 32.2(3)(c), at 32-10 (3d ed. 2005).