Proposed Rules Archives

• Proposed Changes to RAP 16.9 - Personal Restraint Petition -- Response to Petition (in Word Format)
• Comments Received for RAP 16.9 - Personal Restraint Petition -- Response to Petition

Purpose: This amendment to rule 16.9(a) is intended to more accurately reflect current practice. The State’s response to a petition will be due 60 days after the court has entered an order requesting a response, which allows time for the preliminary review set forth in proposed rule 16.8A to occur. New subsection (b) provides a mechanism for the court to require the respondent to admit or deny a specific allegation, at the court’s discretion after the time for filing a response has passed. Some claims, such as claims that the State withheld material exculpatory evidence, could be more expeditiously resolved by an order to admit or deny an allegation, rather than referring the matter for a superior court reference hearing. The respondent would not be required to admit or deny specific allegations unless directed to do so by the court. As formulated, this mechanism can be utilized in the appropriate circumstances at the court’s discretion.