GR 9 COVER SHEET

Suggested Amendment Rules of Appellate Procedure

Rule 2.2(a) – Decisions of the Superior Court That May Be Appealed

A.  Proponent: Washington State Court of Appeals Rules Committee

B.  Spokesperson: Judge Bradley Maxa, Chair

C.  Purpose: RAP 2.2(a) provides for a list of superior court decisions that may be appealed as a matter  of right “[u]nless otherwise prohibited by statute or court rule” and except as provided in section (b) related to appeals by the State or a local government in criminal cases or section (c) related to superior court decisions on review of decisions of court of limited jurisdiction.

In some areas, the legislature has provided for an immediate right of appeal from certain superior court decisions that may not otherwise be appealable under RAP 2.2(a). For example, the Uniform Public Expression Protection Act, chapter 4.105 RCW, which became effective in July 2021, authorizes a special motion for expedited relief to dismiss in whole or in part a cause of action to which the act applies and allows the moving party to appeal as a matter of right from an order denying such a motion in whole or in part. RCW 4.105.020, .080. RAP 2.2(a) already contemplates situations where certain superior court decisions are not appealable when “otherwise prohibited by statute.” To avoid any conflict between the rule and a statute, the proposed change to RAP 2.2(a) will clarify that certain superior court decisions are appealable when “provided by statute.”

D.  Hearing: Not requested.

E.  Expedited Consideration: Not requested.

F.  Supporting Material: Suggested rule amendment.