What To Expect Within 6 Months Of Filing A Notice of Appeal in Washington State

Filing the notice of appeal is only the beginning of appellate litigation. This post serves to provide an overview of what parties can expect in the first six months of filing a notice of appeal which includes gathering the record, the anticipated downtime before briefing begins, and other key aspects of the appellate process.

(This post is for informational purposes only. Please consult a lawyer or the applicable court rules to ensure your are complying with the applicable rules or court orders).

Gathering the Record

What “gathering the record” means. The record on appeal consists of (a) the clerk’s record and (b) the reporter’s transcripts, plus any exhibits that can be transmitted.

(a) Clerk’s record: The superior court clerk compiles the pleadings, motions, orders, judgments, notices, and other filed papers designated for inclusion. This is done at the request of the appellant (and sometimes the respondent) by filing the Designation of Clerk's Papers with the superior court clerk. RAP 9.6.

(b) Verbatim Report of Proceedings "VRP"/Reporter’s transcripts: Court reporters prepare transcripts of any relevant hearings and trial proceedings. If transcripts were previously prepared, they will be included; otherwise, we must order them. You or your appellate attorney will identify the specific proceedings needed, arrange for transcription, and ensure reporters have deposit funds as required. Many counties in Washington State record (audio and/or video) their hearings. Some counties still use in-person court reporters. The county, and the hearing being requested, will dictate how the verbatim report of proceedings will requested and transcribed.

(i) Court reporters/Transcriptionist have 60 days from the date the Statement of Arrangements is filed to file the transcript with the appellate court. RAP 9.5.

(c) Exhibits: Key exhibits admitted below may be included or transmitted as part of the record. For large or physical exhibits, the clerk may provide copies or hold them for the court’s review. RAP 9.6.

Scheduling and Due Dates

Docketing and scheduling. Once the notice of appeal has been filed and transmitted to the appropriate court of appeals (Division One, Two, or Three), the appellate court will issue an order which sets out the initial and subsequent deadlines.

Typically:

(a) Appellant’s Opening Brief (AOB) is due a set number of days after the VRP is filed to the appellate court, typically 60 days. RAP 10.2.

(b) Appellee’s/Respondent’s Brief is due 30 days (civil) or 60 days (criminal) after service of the AOB.  RAP 10.2.

(c) Appellant’s Reply Brief is due 30 days after service of the appellee’s brief. RAP 10.2.

Motions and Adjustments to Schedule

Motions practice. During the appeal, the parties may file motions, such as for extensions, to supplement or correct the record, to consolidate related appeals, or for procedural relief. Substantive motions (for example, motions to dismiss an appeal) can also occur.

Misconceptions

Unlike superior court litigation, work at the appellate level involves time in which only one party (or person) is doing something. From an outside perspective it would appear that no work is being done on the case, but that would not be accurate. That all said, within the first six months you can expect the record to be identified and transmitted, the transcripts be compiled, and at least the opening brief filed.

Conclusion

As always, this overview is just that, an overview. Every case is unique so please consult with a lawyer and/or the Washington State Rules of Appellate Procedure “RAPs” to ensure compliance. See also Court of Appeals Workflow.

If you have any questions about what to expect after filing a notice of appeal, please don’t hesitate to contact me for a free initial consultation.