Proposed Rules Archives

RAP 16.12 - Personal Restraint Petition - Superior Court Hearing


GR 9 COVER SHEET
Suggested Change

RULES OF APPELLATE PROCEDURE (RAP)
Rule 16.12 - PERSONAL RESTRAINT PETITION - SUPERIOR COURT HEARING

Submitted by the Board of Governors of the Washington State Bar Association

Purpose: Parties should have a right to reasonable discovery as to the issues to be litigated in a reference hearing, and thus this amendment deletes the "good cause" requirement in the current formulation. The amendment explicitly sets forth the right to counsel in a reference hearing. However, the right to counsel is limited in some cases by RCW 10.73.150, and thus the proposed amendment acknowledges that the right to counsel is "to the extent authorized by statute."

 

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