Washington Form 3. Motion for Discretionary Review

State:
Washington
Control #:
WA-SKU-1686
Format:
Word
Instant download
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Description

Form 3. Motion for Discretionary Review

Washington Form 3. Motion for Discretionary Review is a form used in Washington State to appeal a court decision. This form is used when the appellant wants to ask the Court of Appeals to reconsider the decision made at the lower court level. The Form 3 Motion is the first step in the Court of Appeals review process. There are two types of Washington Form 3. Motion for Discretionary Review: "Discretionary Review" and "Unified Review". The Discretionary Review is used when the appellant believes the lower court decision was wrong or unjust and there is a reason the Court of Appeals should reconsider the case. The Unified Review is used when the appellant believes there is an error in the law that the Court of Appeals should review. The Washington Form 3. Motion for Discretionary Review includes basic information such as the appellant's name, the case name, the lower court number, the name of the judge, and a brief statement of the issue to be reviewed. Additionally, the motion must include the appellant's reasons for requesting a review and a list of the documents or exhibits that will be submitted with the motion.

How to fill out Washington Form 3. Motion For Discretionary Review?

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FAQ

A motion for Reconsideration asks the judicial officer who made a decision in your case to reexamine or ?reconsider? their initial decision. Motions for Reconsideration are done in writing. Motions for Reconsideration must be filed and served on the other party within 10 calendar days of the Commissioner's decision.

Federal appellate courts apply standards of review when examining lower court rulings or determinations from a federal agencies. There are three general standards of review: questions of law, questions of fact, and matters of procedure or discretion.

Regular motion procedure governs. The party seeking discretionary review must file in the appellate court a motion for discretionary review within 15 days after filing the notice for discretionary review.

When exercising its appellate jurisdiction, the Court, with a few exceptions, does not have to hear a case. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to do so. In a petition for a writ of certiorari, a party asks the Court to review its case.

The appellant must move, or ask, the appellate court for permission to appeal. The appellate court may then either grant or deny that request. All appeals heard by the United States Supreme Court are discretionary.

The appellate jurisdiction of the Supreme Court has two branches, man- datory and discretionary. In the discretionary jurisdiction, review is by writ of certiorari;1 in the mandatory jurisdiction, review is by appeal or, extremely infrequently, by certificate.

The appellate jurisdiction of the Supreme Court has two branches, man- datory and discretionary. In the discretionary jurisdiction, review is by writ of certiorari;1 in the mandatory jurisdiction, review is by appeal or, extremely infrequently, by certificate.

Discretionary review is the authority appellate courts have to decide which appeals they will consider from among the cases submitted to them. This offers the judiciary a filter on what types of cases are appealed, because judges have to consider in advance which cases will be accepted.

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Washington Form 3. Motion for Discretionary Review