The Washington Notice of Appeal To Superior Court and Certification of Filing Status is a document used to file an appeal in the Superior Court of Washington State. It informs the court of the party appealing, the type of case, the court from which the appeal is taken, and the date of the order being appealed. It also certifies the filing status, such as whether the case is a civil or criminal case, is a contested matter, or is a motion or interlocutory appeal. There are two types of Washington Notice of Appeal To Superior Court And Certification of Filing Status: Civil Notice of Appeal and Criminal Notice of Appeal. The Civil Notice of Appeal is used to appeal civil-related decisions, such as a family law decision, and the Criminal Notice of Appeal is used to appeal criminal-related decisions, such as a conviction or sentence.
Washington Notice of Appeal To Superior Court And Certification of Filing Status
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FAQ
Notice of Appeal Prepare a Notice of Appeal. Attach a copy of the Judgment and Sentence. Attach Proof of Service on the prosecutor. File the Notice of Appeal and both attachments with the Superior Court Clerk within 30 days of the entry of the Judgment and Sentence.
An appellate court may issue its opinion, or decision, in as little as a month or as long as a year or more. The average time period is 6 months, but there is no time limit. Length of time does not indicate what kind of decision the court will reach.
Some appeals are noted, briefed, argued and ruled on within 14 days. However, most take many months. Once the appeal is filed, then hearings must be transcribed, both parties are given a chance to brief the legal issues and subsequently respond to each other.
The record in an appeal is the official account of what went on at the hearing or the trial that is being appealed. A party designates the record by listing what items to include in a Notice Designating Record on Appeal form (Sample Form F).
The Court of Appeals has authority to reverse (overrule), remand (send back to the lower court), modify, or affirm the decision of the lower court. The court decides each case after reviewing the transcript of the record in the superior court and considering the arguments of the parties.
Washington Criminal Appeals Process Step 1: Notice of Appeal. To start an appeal, you file a written notice of appeal with the trial court.Step 2: Prepare the Record on Review.Step 4: Oral Argument (sometimes)Step 5: Decision.Step 6: Motion to reconsider (optional)Step 7: Discretionary Review (optional)
In addition to the documents below, the Clerk's Office will require either a $505 filing fee (paid at the time of filing) or an Application to Proceed In Forma Pauperis.
After losing an appeal, the appellate court will typically affirm the original decision made by the lower court. In other words, the lower court's decision will stand, and the ruling will become final. In some instances, the appellate court may also modify the original decision instead of affirming it.