GR 9 Cover Sheet

Suggested Changes to RAP 10.2 (f) (2) and (h)

(A)             Name of Proponent:  Washington Court of Appeals Rules Committee.

(B)              Spokesperson:  Honorable Kevin M. Korsmo, Chair, Court of Appeals Rules Committee.

(C)             Purpose:  The Washington Court of Appeals Rules Committee proposes three amendments to RAP 10.2.

(1)   The first suggested change to RAP 10.2 (f) (2) revises how to count the date by which an amicus brief must be filed. At presenty, the time for filing of an amicus brief is measured from the due date of the last brief that respondent is permitted to file under the court rules. However, the due date for respondent’s brief often changes during the course of the appeal.  The suggested rule change designates the actual filing date of the respondent’s brief as the date on which time starts to run for the filing of an amicus brief. The change will to make it easier for both the court and interested parties to determine when an amicus brief is due. 

(2)   The suggested change  to RAP 10.2 (f) (2) also shortens the time for filing an amicus brief from 45 days to 30 days, which will be sufficient in most cases, and will allow the case to proceed in an expeditious manner. If more time is needed, amicus curiae may request an extension of time.

(3)   The suggested change to RAP 10.2(h) is a clarification. The suggested change clarifies that appellant’s counsel is required to serve the appellant’s brief on the appellant pursuant to this subsection; no substantive change to the rule is intended. Appellant’s counsel is required to serve the appellant’s brief on the appellant under this subsection. No substantive change is intended.