General information
Appeals are a way to ask a higher court to review the work of a lower court. There are two ways most appeals work, depending on the law. First, a case can be reviewed only for mistakes, in which case the court doesn’t re-do the case, but simply reviews possible legal or factual errors pointed out by the person appealing. Second, a case can be reviewed de novo by the higher court, which means the higher court takes a fresh look at all of the information, similar to a retrial.
There usually must be a legal basis for the appeal -- an alleged material error in the trial and not just the fact that the losing party didn't agree with the verdict.
Appeals take months and can be expensive. There can be fees and costs that include filing fees, paying for a transcript, etc. Most of these fees are not waivable by the court.
- After a Decision is Issued from WomensLaw.org
- Appeals of Judgments in Lawsuits from Justia
- What is an appeal? from Washington LawHelp
Two related procedures, revision of a superior court commissioner's decision, and asking for reconsideration or new trial, are also included below.
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Pages 435-440 pertain to appeals
Administrative appeals
Administrative agencies are official government bodies that have the power and authority to direct, supervise, and implement certain legislative acts or statutes. Not all administrative agencies have the term “agency” in the title. Many are referred to as boards, departments, divisions, or commissions, (e.g., Department of Licensing, Board of Tax Appeals, Sentencing Guidelines Commission). A directory with a list of government agencies is available from the state.
When administrative agencies hold hearings, such as a driver’s license suspension hearing or an unemployment benefits hearing, you have the right to have an administrative review of that decision if you lose. If you lose an administrative hearing, you will get instructions on how to appeal.
Sometimes you can appeal directly to the Superior Court, but sometimes there is an appeal within the agency before you can appeal to Superior Court. You need to read the instructions carefully to find out what the process and timeline is for your particular agency.
RCW Chapter 34.05 contains the laws governing most administrative appeals.
- Information about appeals for a few specific agencies from Washington LawHelp
Self-help kit from the law library
The law library sells an Appeal a Driver's License Suspension self-help kit with forms and instructions to file an appeal to the Superior Court regarding an administrative decision made by the Department of Licensing suspending a driver's license. Kits can be purchased at the library or online and mailed out.
Appeals from District Court to Superior Court
If your case was decided in District Court (including small claims), you can consider filing an appeal of the decision by requesting that a Superior Court judge hear your case.
Appeals from District Court (including small claims cases) are governed by the Washington State Court Rules for Appeal of Decisions of Courts of Limited Jurisdiction RALJ. These rules are supplemented by Clark County Superior Court local rules.
An overview of the appellate process is available from King County.
District Court has instructions for appeals and some forms including the Notice of Appeal and the Designation of Record.
Information about appealing a small claims decision:
Appeals from Superior Court to the Court of Appeals
If your case was decided by a judge in Superior Court, you can consider filing an appeal of the decision by requesting that the Washington State Court of Appeals hear your case.
Appeals to the Court of Appeals are governed by the Washington State Court Rules of Appellate Procedure RAP. The State Court's Appellate Case Processing Guide has information about steps in the process and a collection of sample forms to assist with filing an appeal. The forms are provided for their illustrative content so you will need to format and customize them for your situation.
The King County Law Library offers an infographic with an outline of the appellate process.
The Appellate Court Public Document Portal provides online access to files and documents for cases filed with the Washington State Supreme Court and Court of Appeals after January 1, 2020. This access allows people to see briefs that were filed in other cases. Briefs in similar cases can be helpful as a starting point to write your own brief.
No registration is needed to search for documents using this free service. A case number is required for each search. As with other electronic court records, files that are sealed or confidential will not be available. The portal will not provide links to local trial court records. See the list of FAQs for information about using this service, including finding case numbers.
Self-help kit from the law library
The law library sells a Start an Appeal from Superior Court to the Court of Appeals self-help kit with forms and instructions to file an appeal of a Superior Court decision to the Court of Appeals. It includes some information about writing the Appellant's Brief and a Reply Brief as well as attending your hearing. Kits can be purchased at the library or online and mailed out.
Revision of a commissioner’s decision
If your case was heard by a superior court commissioner instead of a judge, this process can be used to ask a judge to change an order or judgment entered by the commissioner. This process is not an appeal, but can have a similar purpose.
The process for revision is addressed in RCW Section 2.24.050.
Clark County Superior Court Local Rule LCR 53.2 governs the procedure and describes how to file a motion for revision of a commissioner's written order.
Washington LawHelp has forms and instructions about this procedure in family law and protection order cases, but the forms can be customized for other situations:
Reconsideration or new trial
In limited circumstances a party can ask for reconsideration of a court's order, or ask for a new trial. This is rare, and is for situations such as newly discovered evidence that couldn't have been discovered before the hearing or trial, or where something went substantially wrong at a hearing or trial. This process is not an appeal, but can have a similar purpose.
Civil Court Rules CR 59 for Superior Court and CRLJ 59 for District Court talk about this process and the types of situations that could allow you to use it.
Clark County Superior Court Local Court Rule LCR 59 has additional requirements for the process.
Washington LawHelp has forms and instructions about this procedure in family law and protection order cases, but the forms can be customized for other situations: