GR 9 COVER SHEET

Suggested Amendment Rules of Appellate Procedure

Rule 17.2 – Who Decides a Motion

A.  Proponent: Washington State Court of Appeals Rules Committee

B.  Spokesperson: Judge Bradley Maxa, Chair

C.  Purpose: RAP 17.2 explains who decides various kinds of motions. RAP 17.2(b) allows the commissioner or clerk to refer a motion to the judges for determination. Some litigants attempt to challenge a commissioner’s or a clerk’s decision to refer a motion to the judges. The proposed amendment clarifies that a referral decision by a commissioner or a clerk is not a ruling that is subject to a motion to modify under RAP 17.7(a).

D.  Hearing: Not requested.

E.  Expedited Consideration: Not requested.

Supporting Material: Suggested rule amendment.