Proposed Rules Archives

• Proposed Changes to RAP 16.7 - Personal Restraint Petition - Form of Petition (in Word Format)
• Comments Received for RAP 16.7 - Personal Restraint Petition - Form of Petition

Purpose: The proposed amendment to 16.7(a)(2) is intended to more accurately reflect current practice: the courts do not require petitioners to show why other remedies are inadequate. The addition of subsection (3) is intended to provide a mechanism by which pro se petitioners are able to obtain court documents, based upon on an initial proposal by the Washington Association of Criminal Defense Lawyers (WACDL), and a counterproposal by the Washington Association of Prosecuting Attorneys (WAPA). Eliminating the notary requirement in current subsection (5) will be helpful to incarcerated petitioners, who often have no access to a notary. A declaration under penalty of perjury is a more appropriate requirement.