How to File a Notice of Appeal in Washington State

To file a notice of appeal in Washington state, you deliver a written notice titled “Notice of Appeal” to the clerk of the Superior Court that decided your case, do it within 30 days after the decision is entered, pay the $290 filing fee or request a waiver, and serve a copy on every other party the same day. That single filing is what gives the Court of Appeals authority to review your case. Miss the deadline or leave out a required piece, and the appellate court has no power to hear you.

The 30-Day Deadline

RAP 5.2(a) gives you 30 days after the trial court enters its decision to file the notice. The rule applies to civil and criminal cases alike.¹ The clock starts on the date the decision is formally entered on the record under Civil Rules 5(e) and 58, not the day the judge announced the ruling in court. Pull the clerk’s file and confirm the entry stamp before you count.

Certain timely post-trial motions reset the clock. Under RAP 5.2(e), a new 30-day period runs from the trial court’s order on a motion for reconsideration or new trial under CR 59, a motion for judgment as a matter of law under CR 50(b), a motion to amend findings under CR 52(b), or in criminal cases a motion for arrest of judgment under CrR 7.4 or for new trial under CrR 7.5.¹

Extensions are close to impossible. RAP 18.8(b) allows extra time only in “extraordinary circumstances” needed to prevent a “gross miscarriage of justice,” and the rule states that the finality of decisions ordinarily outweighs an individual litigant’s interest in more time.² A late notice is almost always the end of the appeal.

What the Notice Must Contain

RAP 5.3 requires four elements. The document must be titled “Notice of Appeal,” identify the party or parties seeking review, designate the specific decision or portion of a decision being challenged, and name the appellate court where the appeal is directed.³ Attach a copy of the signed judgment or order you are appealing.

List the name and address of the attorney for each party. In criminal cases, the defendant’s attorney must also provide the defendant’s current address and update the appellate court when it changes. If two or more criminal defendants were joined for trial, include the names and superior court cause numbers of all co-defendants.

If you want to challenge more than one order, describe each in the notice. A vague designation can shrink what the appellate court is willing to review. Standardized forms are available through the Washington Courts website and local Superior Court clerks.⁴

Where to File and Who to Serve

Under RAP 5.1, you file the notice with the clerk of the Superior Court where your case was tried, even though the appeal will be heard by a higher court.⁵ Washington’s appellate courts also run an electronic filing portal open to attorneys and self-represented litigants; paper filing may still be accepted depending on local rules.⁶

On the same day you file, RAP 5.4 requires you to serve a copy of the notice on every other party of record and file proof of service with the appellate court named in your notice. The proof of service goes to the appellate court, not the Superior Court clerk. Failing to serve or file proof does not automatically void the appeal, but the appellate clerk can move to dismiss if the problem is not fixed promptly.⁷

After you file, the trial court clerk has 14 days to transmit the notice and any proof of service to the designated appellate court, which then assigns a new case number.⁷

Which Division of the Court of Appeals

Washington’s Court of Appeals has three geographic divisions, and your appeal goes to the one covering the county where your case was tried:⁸

Division I (Seattle): King, Snohomish, Skagit, Island, San Juan, and Whatcom counties.
Division II (Tacoma): Pierce, Thurston, Mason, Kitsap, Jefferson, Grays Harbor, Clallam, Clark, Cowlitz, Lewis, Pacific, Skamania, and Wahkiakum counties.
Division III (Spokane): Spokane, Ferry, Lincoln, Okanogan, Pend Oreille, Stevens, Adams, Asotin, Benton, Columbia, Franklin, Garfield, Grant, Walla Walla, Whitman, Chelan, Douglas, Kittitas, Klickitat, and Yakima counties.

Naming the wrong division will not necessarily kill your appeal, but it creates delay. Confirm your county before filing.

Filing Fee and Fee Waiver

The fee for a notice of appeal is $290, paid to the Superior Court clerk at filing.⁹ The fee is set by RCW 36.18.018(4). A notice for discretionary review, discussed below, is $250.

If you cannot afford the fee, General Rule 34 provides a waiver process. You can apply ex parte, in writing or orally, on a standardized form from the Administrative Office of the Courts. You qualify if any of the following applies:¹⁰

You receive needs-based public assistance such as TANF, SSI, food stamps, general assistance, or poverty-related veterans’ benefits.
Your household income is at or below 125 percent of the federal poverty guideline.
Your income is higher, but recurring basic living expenses leave you unable to pay.
Other compelling circumstances show a genuine inability to pay.

If a qualified legal services provider represents you, a declaration from your attorney confirming that you were screened and found eligible is enough. The court cannot charge you anything to submit the waiver application.¹⁰

Is Your Ruling Appealable

Not every ruling can be appealed as of right. RAP 2.2 limits appeals to specific categories, most commonly a final judgment (including one that reserves attorney fee or cost determinations for later). Other appealable rulings include orders granting or denying a new trial, orders granting or denying a motion to vacate, final post-judgment orders affecting a substantial right, and orders in dependency, termination of parental rights, guardianship, and commitment proceedings.¹¹

Discretionary Review of Other Orders

If your ruling is not final and does not fit a RAP 2.2 category, you can seek review by filing a notice for discretionary review under RAP 2.3. The appellate court will accept it only when one of the following applies:¹²

The trial court made an obvious error that would render further proceedings useless.
The trial court probably erred, and the decision substantially alters the status quo or substantially limits a party’s freedom to act.
The trial court departed so far from accepted judicial practice that review is warranted.
The trial court or all parties certify a controlling question of law with substantial grounds for disagreement whose immediate review could materially advance the case.

If discretionary review is denied, you can still raise the same issues later when appealing the final judgment.¹²

Stopping Enforcement While You Appeal

Filing a notice of appeal does not, by itself, stop the winning party from enforcing the judgment. To pause enforcement, you post a supersedeas bond, deposit cash, or provide alternate security approved by the trial court under RAP 8.1.¹³

For a money judgment, the bond must cover the full judgment, the interest expected to accrue during appeal, and estimated attorney fees, costs, and expenses that could be awarded on appeal. That total can be well above the judgment itself. Either party may challenge the amount by motion filed within seven days after receiving a copy of the bond.¹³

In cases involving real or personal property, the court may find that the property provides adequate security and reduce or eliminate the bond. The court can also approve non-traditional security such as an asset account held by a party or counsel. If a statute exempts you from a bond, you file a notice stating the decision is stayed without one, and you are treated the same as if a bond had been posted.¹³ Move quickly. If collection begins before a stay is in place, unwinding it is difficult.

What Happens After You File

Filing the notice is the beginning, not the end. Within 30 days after filing, you must file a Statement of Arrangements with the appellate court and serve it on all parties and court reporters. The statement lists the date you ordered the transcript, your payment arrangements, each court reporter or transcriptionist, the hearing dates, and the trial court judge. If you do not plan to include a transcript, file a statement saying so in the same 30-day window. Skipping the step or failing to pay the transcriptionist can trigger sanctions under RAP 18.9.¹⁴

You also designate the clerk’s papers and exhibits to include in the appellate record. The other side gets a chance to supplement. Together the transcripts and clerk’s papers form the record on appeal; the appellate court will not consider anything outside it.

Then briefing begins. Your opening brief is due 45 days after the report of proceedings is filed with the appellate court. The respondent has 30 days after receiving your brief to reply, and you get a chance to file a reply brief. The notice of appeal itself contains no legal arguments; the brief is where you make the case that the trial court got it wrong.

One last practical point: under General Rule 31, you are responsible for redacting Social Security numbers, financial account numbers, and driver’s license numbers from every document you file. The court will not do it for you.⁶

1
Washington State Courts. RAP 5.2 – Time Allowed to File Notice
2
Washington State Courts. RAP 18.8 – Waiver of Rules and Extension and Reduction of Time
3
Washington State Courts. RAP 5.3 – Content of Notice
4
Washington State Courts. Appellate Processing Forms
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Washington State Courts. RAP 5.1 – Review Initiated by Filing Notice of Appeal or Notice for Discretionary Review
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Washington State Courts. Washington State Appellate Courts Filing Portal
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Washington State Courts. RAP 5.4 – Filing and Service of Notice
8
Washington State Courts. Guide to Washington Courts
9
Washington State Courts. Supreme Court Clerk’s Office Frequently Asked Questions
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Washington State Courts. GR 34 – Waiver of Court and Clerk’s Fees and Charges
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Washington State Courts. Washington State Court Rules – Rules of Appellate Procedure
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Washington State Courts. RAP 2.3 – Decisions of the Trial Court Which May Be Reviewed by Discretionary Review
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Washington State Courts. RAP 8.1 – Supersedeas Procedure
14
Washington State Bar Association. RAP 9.2 – Verbatim Report of Proceedings