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 King 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. Review 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 is for preparation of the Clerk's Papers set and delivery to the appellate court ($0.50 per page and $25.00 for transmittal). Copies of the Clerk's Papers will not be available and delivery will not occur until these fees are paid.
|1.||Use the Designation of Clerk's Papers form located online. View a completed designation document sample form.
The Designation of Clerk's Papers must include the:
|3.||If the appellate case is consolidated with another case, include the one case number intended to receive the clerk's papers set.
||To obtain an accurate listing of sub numbers, document titles and filing dates, purchase a print-out of the case Appearance Docket from the clerk's office or search for the case online through the Washington Courts Search Case Records system. If the case number is a blue hyperlink, the docket is available for viewing free of charge.
|5.||List the designated documents and trial exhibits separately in clearly identified sections on the designation form. Sort each table in numerical order by sub number and/or exhibit number.
||If designating documents and trial exhibits from multiple cases, be sure to clearly identify the correct case number for each requested item.
||The party who filed the designation is responsible for payment of fees within fourteen (14) days of receipt of the Clerk's Papers Invoice.
||To cancel a Designation of Clerk's Papers action, a Notice Authorizing Clerk to Terminate Preparation of Clerk's Papers must be filed.