Wash. R. App. P. Form 3

As amended through November 7, 2024
Form RAP 3 - Motion for Discretionary Review

See RAP 18.17 for document formatting requirements.

(Rule 6.2 (review of trial court decision); Rule 13.5 (review of Court of Appeals interlocutory decision); Rule 17. 3(b) (content of motion))

No. (appellate court)

(SUPREME COURT or COURT OF APPEALS, DIVISION_____) OF THE STATE OF WASHINGTON

___________________________________________________________________

(Title of trial court proceeding with parties designated as in rule 3.4, for example:

JOHN DOE, Respondent,

v.

MARY DOE, Petitioner,

and

HENRY JONES, Defendant.)

___________________________________________________________________

MOTION FOR DISCRETIONARY REVIEW

___________________________________________________________________

(Name of petitioner's attorney) (personal pronouns (optional))

Attorney for (Petitioner)

(Address, telephone number, and Washington State Bar Association membership number of petitioner's attorney)

A. IDENTITY OF PETITIONER

(Name) asks this court to accept review of the decision or parts of the decision designated in Part B of this motion.

B. DECISION

(Identify the decision or parts of decision which the party wants reviewed by the type of decision, the court entering or filing the decision, the date entered or filed, and the date and a description of any order granting or denying motions made after the decision such as a motion for reconsideration. The substance of the decision may also be described: for example, "The decision restrained defendant from using any of her assets for any purpose other than living expenses. Defendant is thus restrained from using her assets to pay fees and costs to defend against plaintiff's suit for a claimed conversion of funds from a joint bank account.") A copy of the decision (and the trial court memorandum opinion) is in the Appendix at pages A-____ through ____.

C. ISSUES PRESENTED FOR REVIEW

(Define the issues which the court is asked to decide if review is granted. See Part II of Form 6 for suggestions for framing issues presented for review.)

D. STATEMENT OF THE CASE

(Write a statement of the procedure below and the facts. The statement should be brief and contain only material relevant to the motion. If the motion is directed to a Court of Appeals decision, the statement should contain appropriate references to the record on review. See Part III of Form 6. If the motion is directed to a trial court decision, reference should be made to portions of the trial court record. Portions of the trial court record may be placed in the Appendix. Certified copies are not necessary. If portions of the trial court record are placed in the Appendix, the portions should be identified here with reference to the pages in the Appendix where the portions of the record appear.)

E. ARGUMENT WHY REVIEW SHOULD BE ACCEPTED

(The argument should be short and concise and supported by authority. The argument should be directed to the considerations for accepting review set out in rule 2.3(b) for review of a trial court decision and rule 13.5(b) for review of a decision of the Court of Appeals.)

F. CONCLUSION

(State the relief sought if review is granted. For example: "This court should accept review for the reasons indicated in Part E and modify the restraining order to permit defendant to use her assets to pay fees and costs incurred in defending plaintiff's suit for conversion.")

[If the petition is prepared using word processing software, include the following statement: This document contains words, excluding the parts of the document exempted from the word count by RAP 18.17.]

(Date)

Respectfully submitted,

________________________________

Signature

(Name of petitioner's attorney)

APPENDIX

(See rule 17.3(b)(8) for materials to include within the

Appendix.)

Wash. R. App. P. Form RAP 3

Adopted effective 7/1/1976; Amended effective 9/1/1994; 9/1/2010; amended effective 9/1/2021; 6/27/2023.