GR 9 COVER SHEET

Suggested Amendment

Rules of Appellate Procedure

Rule 10.8 – Additional Authorities

A. Proponent: Washington State Court of Appeals Rules Committee

B. Spokesperson: Judge Bradley Maxa, Chair

C. Purpose: RAP 10.8 allows parties or amici to file a statement of additional authorities in support of their position on appeal. As currently worded, the rule does not allow a statement to include argument. Nor is there a suggested time frame for submitting additional authorities. Litigants’ approaches to RAP 10.8 vary widely. Some simply provide citations without further explanation. Others place the citations in context. Contextualizing the submission of additional authorities is helpful to the court, but it is arguably inconsistent with the current rule.

The proposed rule permits litigants to explain the relevance of additional authorities through brief argument. By allowing argument, the proposed rule will enhance the helpfulness of additional authorities to the court and promote consistent use of additional authorities by litigants.

In requiring a statement of additional authorities to pinpoint an area in the brief or a point made during oral argument, the proposed rule ensures a statement of additional authorities will not be used to expand the issue on appeal. By placing a deadline on the submission of additional authorities, the proposed rule encourages litigants to submit additional authorities at a time when they will be of most use to the court. The deadline for filing additional authorities does not apply to authorities decided less than seven days before a case is scheduled for argument or a decision without oral argument. 

The proposed rule is similar to the approach taken by the federal rules of appellate procedure and will allow for a degree of consistency between state and federal appellate practice.

D. Hearing: Not requested.

E. Expedited Consideration: Not requested.

F. Supporting Material: Suggested rule amendment.