GR 9 COVER SHEET

Suggested Amendment Rules of Appellate Procedure

Rule 9.6 – Designation of Clerk’s Papers and Exhibits

A.  Proponent: Washington State Court of Appeals Rules Committee

B.  Spokesperson: Judge Bradley Maxa, Chair

C.  Purpose: RAP 9.6(a) requires that a petitioner or appellant file a designation of clerk’s papers and exhibits within 30 days after filing a notice of appeal. However, some petitioners and appellants are appointed appellate counsel after a notice of appeal is filed. The proposed amendment acknowledges the reality that appointed appellate counsel are appointed sometime after the notice of appeal is filed, sometimes more than 30 days after the notice of appeal is filed. And, when the party seeking review is represented by appointed counsel, the proposed amendment allows the designation of clerk’s papers and exhibits to be filed within 30 days of counsel’s appointment.

D.  Hearing: Not requested.

E.  Expedited Consideration: Not requested.

F.  Supporting Material: Suggested rule amendment.