An appeal is initiated when an aggrieved party files a Notice of Appeal or Notice for Discretionary Review in the superior court seeking review by the appellate court of a trial court decision. Per the Rules of Appellate Procedure RAP 2.1, "Methods for Seeking Review of Trial Court Decision -- Generally", there are only two methods for seeking review of decisions of the superior court by the appellate court: (a) (1) "Review as a matter of right, called "appeal"; and (a) (2) "Review by permission of the reviewing court, called "discretionary review."
Clerk’s Papers for the Purpose of Appeals
What are Clerk's papers?
In the appellate court process, Clerk’s Papers are the portion of the superior court case file that is identified (designated) by a party seeking review to be sent by the Snohomish County Superior Court (also referred to as the trial court) to the Court of Appeals or Supreme Court (also referred to as the appellate court) for purposes of an appeal or discretionary review.
Designation of Clerk’s Papers
Within 30 days of filing a notice of appeal or receiving notice granting discretionary review, the party seeking a review files a Designation of Clerk’s Papers with the superior court clerk’s office identifying the superior court case documents and trial exhibits to be sent by the clerk to the appellate court. Refer to Washington Courts Rules of Appellate Procedure RAP 9.6.
When the Clerk’s Office receives the designation, an index of requested items and a payment invoice will be sent to the parties on the case. The party who filed the designation is responsible for payment. The fee for this is $.50 per page and a transmittal fee (actual cost). These fees are for the preparation of the Clerk’s Papers set and delivery to the appellate court. See RAP 9.7 and RAP 9.8. Copies of the Clerk’s Papers will not be available, and delivery will not occur until these fees are paid in full.
If you have a question regarding an appeal or discretionary review, please contact the Case Management division of the Clerk's Office.