Washington State Appeals
A Simple Guide for Self-Represented Litigants
What is an Appeal?
An appeal is not a new trial. It is a request for a higher court to review a decision by a lower court. Deadlines are very important, so make sure to check the deadlines for your specific case.
The guide below is not legal advice, but instead a breakdown of the appellate process at each of the four levels of court. Details on the appeals process can be found in the Rules of Appellate Procedure and the Rules for Appeal of Decisions of Courts of Limited Jurisdiction.
Helpful Resources:
- What is an appeal? | Washington Law Help External link - opens in a new window
- Washington State Courts - Appellate and Trial Courts
(District Court & Municipal Court)
These courts handle misdemeanors, infractions, traffic tickets, and small civil cases. If you disagree with a decision from a limited jurisdiction court, you generally appeal to Superior Court first, not directly to an appellate court. The appeal is often a new hearing (de novo), meaning the Superior Court can hear evidence again. You usually must file a Notice of Appeal within 30 days of the decision.
Helpful Resources:
(General Trial Court)
Superior Court is the general trial-level court; it hears major civil and criminal cases and appeals from limited jurisdiction courts. If you disagree with a final judgment or order and wish to appeal a Superior Court decision, you go to the Washington Court of Appeals. The appellate court reviews the record from the trial, not new evidence. A Notice of Appeal must usually be filed within 30 days of the final order or judgment.
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(Intermediate Appellate Court)
The Court of Appeals must accept most appeals that are properly filed. Judges review written briefs and the trial record to decide if the law was applied correctly; they do not retry the case nor do they usually hear new evidence. You may or may not have oral argument. The court can affirm (agree with), reverse, modify, or remand (send) the case back to the trial court. The Court of Appeals is divided into three divisions that handle cases from different parts of the state. These divisions are based in Seattle, Tacoma, and Spokane.
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(Highest Court in the State)
The Washington Supreme Court chooses which appeals it will hear, exercising discretionary review. The court usually accepts cases involving important legal questions or constitutional issues of broad public importance. Its decisions are final and apply to all Washington courts. Most cases reach it by filing a Petition for Review within 30 days of the Court of Appeals decision.
Tools & Guides:
These step-by-step guides contain a series of questions to help you understand the process for seeking review of a Court of Appeals decision by the Washington State Supreme Court. Note that these guides are not legal advice, but instead a breakdown of the process that can be found in the Rules of Appellate Procedure.
A petition for review is a formal request asking the Washington State Supreme Court to review an opinion by a panel of judges of the Court of Appeals. It's how a party asks the state's highest court to review and possibly change that decision. A motion for discretionary review is used to seek review of a Court of Appeals decision that is not final opinion.
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Important Tips:
- Appeals are rule-driven and deadline-sensitive.
- Missing a deadline can end your appeal.
- Washington Law Help explains appeals in plain language; courts.wa.gov has official rules and forms.
