GR 9 COVER SHEET

Suggested Amendment Rules of Appellate Procedure

Rule 9.2 – Verbatim Report of Proceedings

A.  Proponent: Washington State Court of Appeals Rules Committee

B.  Spokesperson: Judge Bradley Maxa, Chair

C.  Purpose: RAP 9.2(d) provides that, if a party fails to make arrangements for payment of the costs of the verbatim report of proceedings when the report is ordered, the party may be subject to RAP 18.9 sanctions.  As currently worded, the rule does not provide a consequence for failing to pay for the cost of a completed verbatim report of proceedings when that failure causes delay. Some litigants make arrangements to pay for the cost of the verbatim report of proceedings, but, when the report is complete and ready to be filed, the litigant does not pay. A court reporter will not file a completed verbatim report of proceedings without being paid for the work. If the verbatim report of proceedings is not filed due to lack of payment, delay in perfecting the appellate record, briefing, and deciding the merits of the appeal often results.

The proposed amendment to the rule subjects a party who fails to pay for a completed verbatim report of proceedings to RAP 18.9 sanctions when that failure delays the case.

D.  Hearing: Not requested.

E.   Expedited Consideration: Not requested.

Supporting Material: Suggested rule amendment