WSR 17-23-065

RULES OF COURT

[November 8, 2017]

The Court of Appeals' Rules Committee, having recommended the suggested amendment to RAP 2.4(c)—Scope of Review of a Trial Court Decision, and the Court having considered the amendment and comments submitted thereto;

Now, therefore, it is hereby

(a) That pursuant to the provisions of GR 9(g), the proposed amendment as shown below is to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites in January 2018.

(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.

(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than April 30, 2018. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or supreme@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

DATED at Olympia, Washington this 8th day of November, 2017.

(A) Name of Proponent: Washington Court of Appeals Rules Committee.

(B) Spokesperson: Honorable Kevin M. Korsmo, Chair, Washington Court of Appeals Rules Committee.

(C) Purpose: The word "post-trial" is deleted in recognition of the fact that not all final judgments are entered following a trial. In situations where there was no trial, such as summary judgment or the granting of a pre-trial motion to dismiss, the language of the existing rule could be read as limiting the scope of review on those occasions where the final order was subject to reconsideration. This amendment conforms the language of the rule to existing practice.

As originally adopted in 1976, this provision was written to parallel the language of rule 5.2(e), a rule addressing the effect of post-trial motions on the timeliness of a notice of appeal. Both provisions included the word "post-trial" in the rule title and the text of the rule. Both rules were amended in 1994. See 124 Wn.2d at 1110-1113. The amendment deleted "post-trial" from rule 5.2(e) and replaced it with "appealable order." A new rule, 2.4(f), was created to conform to amended rule 5.2(e) and, also, did not include the word "post-trial" among its language. Rule 2.4(c) was amended consistently with both new rule 2.4(f) and the amended rule 5.2(e), but the word "post-trial" was not deleted from rule 2.4(c).

(D) Hearing: None recommended.

(E) Expedited Consideration: Expedited consideration is not requested.

(a) – (b) [Unchanged.]

(c) Final Judgment Not Designated in Notice. Except as provided in rule 2.4(b), the appellate court will review a final judgment not designated in the notice only if the notice designates an order deciding a timely post-trial motion based on (1) CR 50(b) (judgment as a matter of law), (2) CR 52(b) (amendment of findings), (3) CR 59 (reconsideration, new trial, and amendment of judgments), (4) CrR 7.4 (arrest of judgment), or (5) CrR 7.5 (new trial).

(d) – (g) [Unchanged.]