District Court
APPEAL INSTRUCTIONS The procedures for initiating,
perfecting and prosecuting an appeal from Limited Jurisdiction Court judgments
or decisions (except Small Claims cases) are provided in the Rules for
Appeal of Decisions of Courts of Limited Jurisdiction (RALJ).
There are 45 rules, with several subsections, and you are advised
to review all of the rules. There are additional deadlines and costs that
must be paid in addition to what is set forth here. Copies of the rules are available
at the Skagit County Law Library.
Significant changes occur from time to time, so you should make
certain that the rules you utilize are the most current. The procedures for INITIATING
an appeal generally provide: IN A CRIMINAL CASE, within
30 days of the final decision of the Limited Jurisdiction Court, the DEFENDANT
must file a Notice of Appeal in the Limited Jurisdiction Court where the
decision was rendered (RALJ 2.4(a)). The DEFENDANT must also serve a copy of the Notice of Appeal
immediately upon the Prosecuting Attorney (or City Attorney if it is a
city case) (RALJ 2.4(c)). IN A CIVIL CASE (including
traffic infractions, but not Small Claims), within 30 days of the final
decision of the Limited Jurisdiction Court, the APPEALING PARTY must file
a Notice of Appeal in the Limited Jurisdiction Court where the decision
was rendered (RALJ 2.4(a)). The APPEALING PARTY must also serve
a copy of the Notice of Appeal immediately on all other parties who will
be affected by the appeal (RALJ 2.4(c)).
SMALL CLAIMS CASES are covered
by different rules. You should
get the Small Claims Appeal information brochure from the clerk. A filing fee of $230.00 must
be paid to the Clerk of the Limited Jurisdiction Court when the appeal
is filed, unless excused by statute or the Constitution (RALJ 2.4(b)).
The Limited Jurisdiction Court Clerk will notify the Superior Court when
the Notice of Appeal is filed and the appeal perfected.
IN BOTH CRIMINAL AND CIVIL
CASES a Notice of Appeal form may be obtained from the Clerk of the Limited
Jurisdiction Court. Other forms necessary to process and
prosecute the appeal may also be obtained from the clerk. CLERKS OF THE COURT AND COURT STAFF ARE NOT ALLOWED TO
GIVE LEGAL ADVICE. PLEASE
DO NOT ASK THEM FOR ADVICE.
PARTIES SEEKING LEGAL ADVICE OR INFORMATION SHOULD CONTACT AN ATTORNEY. RALJ INS-2 7/96 |
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CAUTION: IF YOU FAIL
TO FILE A NOTICE OF APPEAL AS ABOVE WITHIN THE 30 DAY PERIOD (AND PAY
THE SUPERIOR COURT FILING FEE (unless excused by law), YOUR RIGHT TO APPEAL
WILL BE LOST. YOU WILL THEN
BE BOUND BY THE DECISION OF THE LIMITED JURISDICTION COURT AND WILL NOT
BE ABLE TO CONTEST OR OTHERWISE CHALLENGE THE DECISION. IF YOU FAIL TO
DESIGNATE THE PORTIONS OF THE RECORD YOU RELY ON, OR FAIL TO PAY FOR THE
RECORD WHEN PREPARED, YOUR APPEAL MAY BE DISMISSED BY THE SUPERIOR COURT.
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NOTE: (1)
Filing a Notice of Appeal does not stop enforcement of the Limited
Jurisdiction Court decision, unless the decision is stayed pursuant to
RALJ 4.3. (2) The appealing party has a positive
duty to prosecute the appeal. Appeals
will be dismissed if there is no action of record for 90 days. (RALJ 10.2)
(3)
A copy of the electronic record and log for the record may be obtained
from the Clerk of the Limited Jurisdiction Court upon payment of the expense
of preparation of the requested copies. (RALJ 6.3) This is in addition
to the required payment under RALJ 6.2(a).
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