A Washington State notice of appeal is a short document you file with the superior court clerk within 30 days of the decision you want challenged. You pay a $290 filing fee, serve a copy on every other party the same day, and name the Court of Appeals division that covers your county. The form itself is simple. The deadline is not forgiving.
The 30-Day Deadline Is the Thing That Matters Most
You have 30 days from the date the trial court enters its decision to file. The clock starts when the clerk stamps the order or judgment, not when the judge announces the ruling from the bench and not when you receive your copy in the mail. If you happen to file before the decision is formally entered, the notice is treated as filed the day after entry.1Washington State Courts. RAP 5.2 Time Allowed to File Notice
Certain post-trial motions reset that clock. A timely motion for reconsideration, for a new trial, for judgment as a matter of law, or to amend findings — filed by you or by the other side — restarts the 30 days from the date the court rules on that motion rather than from the original judgment.1Washington State Courts. RAP 5.2 Time Allowed to File Notice
Missing the deadline is very hard to fix. The appellate court can extend the time only when “extraordinary circumstances” exist and refusing would cause “a gross miscarriage of justice.” The rule says plainly that the court presumes finality outweighs a late filer’s interest in more time.2Washington State Courts. RAP 18.8 Waiver of Rules and Extension and Reduction of Time If you think you want to appeal, file early in the 30-day window, not at the end of it.
What the Notice Has to Say
RAP 5.3 requires four things. The document must be titled “Notice of Appeal,” it must name the party or parties seeking review, it must identify the decision (or the specific part of the decision) being challenged, and it must name the appellate court where you are taking the case.3Washington State Courts. RAP 5.3 Content of Notice – Filing
Attach a copy of the signed order or judgment you are appealing, and include the names and addresses of each party’s attorney. In a criminal case, the defendant’s attorney must provide the defendant’s address and keep the appellate court updated if it changes.3Washington State Courts. RAP 5.3 Content of Notice – Filing
The notice is not the place to argue why the trial court was wrong. One or two sentences identifying the judgment and stating that you are appealing it to the correct Court of Appeals division is enough. The court will overlook minor defects as long as the document clearly reflects your intent to seek review.3Washington State Courts. RAP 5.3 Content of Notice – Filing Still, check the case number and party names carefully. Clerical errors that create real confusion about which case you mean will cause delays.
Pick the Right Court of Appeals Division
Washington’s Court of Appeals is split into three geographic divisions, and your notice has to name the one that covers the county where your superior court case was heard:4Washington State Courts. The Court of Appeals
- Division I in Seattle covers King, Snohomish, Skagit, Island, San Juan, and Whatcom counties.
- Division II in Tacoma covers Pierce, Thurston, Mason, Kitsap, Jefferson, Grays Harbor, Clallam, Clark, Cowlitz, Lewis, Pacific, Skamania, and Wahkiakum counties.
- Division III in Spokane covers the remaining eastern Washington counties, including Spokane, Benton, Franklin, Grant, Yakima, Chelan, and Walla Walla.
Use the Pattern Form
The Washington Courts website hosts a pattern notice of appeal under its Appellate Processing Forms page.5Washington State Courts. Appellate Processing Forms The template has the layout the courts expect, so you fill in the blanks. List the parties in the same order as the original case caption, identify the decision by its date and title, and sign with your name, address, and phone number.
Where to File, What It Costs, and Who Gets Served
File the notice with the clerk of the superior court where your case was decided, not with the Court of Appeals directly. Under RAP 5.1, the trial court clerk processes the notice and transmits the case up.6Washington State Courts. RAP 5.1 Review Initiated by Filing Notice of Appeal or Notice for Discretionary Review
The filing fee is $290, paid to the superior court clerk when you file.7Washington State Courts. Filing Fee – Supreme Court Clerk’s Office If you cannot afford it, you can apply for a waiver under General Rule 34. The application can be written or oral and uses a mandatory pattern form on which you attest to your financial situation. If a qualified legal services provider represents you, your attorney can submit a declaration that you were screened and found eligible. There is no fee to submit the waiver application.8Washington State Courts. GR 34 Waiver of Court and Clerk’s Fees and Charges
Many Washington superior courts now require attorneys to e-file under General Rule 30. Where e-filing is mandatory, you submit through the court’s electronic system and skip paper copies. An electronically filed document counts as filed when the clerk’s system receives it during business hours; anything received after hours is treated as filed the next business day. Self-represented parties can generally still file on paper, and any party can ask for permission to file on paper for good cause.9Washington State Courts. GR 30 Electronic Filing and Service
Serve Everyone the Same Day
On the same day you file, serve a copy of the notice on every other party of record. Service can be by mail, personal delivery, or electronic service if your county allows it. After serving, file proof of service — sometimes called a certificate of service — with the appellate court division you named on the notice, not with the superior court clerk.10Washington State Courts. RAP 5.4 Filing and Service of Notice
Failing to file proof of service doesn’t automatically end your appeal, but the appellate court clerk can move to dismiss if you don’t fix it promptly. Treat it as a same-week task.10Washington State Courts. RAP 5.4 Filing and Service of Notice
Is Your Decision Even Appealable?
Washington’s Rules of Appellate Procedure split trial court rulings into two groups: ones you can appeal as a matter of right and ones that need the appellate court’s permission.
Under RAP 2.2, you can appeal most civil rulings without asking permission, including a final judgment in any action (even if attorney fees or costs are still being calculated), orders granting or denying a new trial, orders vacating a judgment, denials of a motion to set aside a default, summary judgment rulings, orders awarding or denying attorney fees, and orders granting or denying preliminary injunctions or changes of venue. In criminal cases, a defendant can appeal a final judgment or sentence, and the state can appeal certain rulings such as dismissals, orders granting a new trial, and pre-trial suppression orders.11Washington State Courts. Rules of Appellate Procedure – RAP 2.2
If your ruling isn’t on that list, you may still seek review, but the appellate court decides whether to take the case under RAP 2.3’s narrower standards for discretionary review.12Washington State Courts. RAP 2.3 Decisions of the Trial Court Which May Be Reviewed by Discretionary Review In that situation you file a “notice for discretionary review” rather than a notice of appeal. The content requirements and the 30-day deadline are essentially the same.
What Comes Due in the Next 30 Days
Filing the notice starts two new 30-day deadlines, both aimed at building the record the appellate court will read.
Statement of Arrangements
Within 30 days of filing the notice of appeal, file a Statement of Arrangements with the appellate court and serve it on all parties and any court reporters involved. The statement tells the court that you have ordered transcripts and how you are paying for them. It must list the date you ordered the transcripts, the payment arrangements, the name of each court reporter preparing the record, the hearing dates covered, and the trial court judge’s name.13Washington State Courts. RAP 9.2 Verbatim Report of Proceedings
If you don’t plan to provide a verbatim transcript, file a statement saying so within the same 30 days. Skipping this step can stall the appeal. Transcript costs are the appellant’s responsibility and depend on the length of the proceedings; state court rates are set by individual reporters, so contact the reporter early for an estimate and a timeline. A sample Statement of Arrangements is available as a downloadable Word document from the Division I case processing guide on courts.wa.gov.14Washington State Courts. Appellate Case Processing Guide
Designation of Clerk’s Papers
Also within 30 days of filing the notice (or within 30 days of appointment of counsel, whichever is later), file a Designation of Clerk’s Papers with the superior court clerk and serve it on all other parties. This tells the clerk which specific items from the trial court file — pleadings, motions, orders, exhibits, declarations — to send up to the appellate court. If you leave out something important, the appellate judges won’t have it. The other side can designate additional papers if your list looks incomplete.15Washington State Courts. RAP 9.6 Designation of Clerk’s Papers and Exhibits
Filing the Notice Does Not Stop Collection
A notice of appeal does not automatically pause the trial court’s judgment. If you lost a money judgment and do nothing more, the other side can begin collecting while your appeal is pending. To stop enforcement, you typically have to post a supersedeas bond or deposit cash with the trial court.16Washington State Courts. RAP 8.1 Stay of Enforcement of Judgment
For a money judgment, the bond must cover the full amount plus the interest likely to accrue during the appeal plus attorney fees, costs, and expenses the appellate court might award. For a decision affecting property rights, the bond also has to account for whatever the winning party loses by not being able to enforce during review. For other civil cases, including those involving injunctions or other equitable relief, the appellate court has discretion to grant a stay on terms it considers fair, usually conditioned on some form of security.16Washington State Courts. RAP 8.1 Stay of Enforcement of Judgment
If posting a bond isn’t feasible, the trial court can approve alternate security such as a lien on real property or funds held in a trust account. Talk to an attorney or a surety company early, because collection can begin quickly once the post-judgment waiting period under Civil Rule 62 expires.