How to File an Appeal

Criminal Case- Superior Court

A criminal defendant seeking an appeal of right of a final judgment or action of the trial court (Notice of Appeal) or discretionary review of a non-final trial court order (Notice of Discretionary Review) must file these documents:

Order of Indigency

Notice of Appeal OR Notice of Discretionary Review

  • Prepare a Notice of Appeal [DOC], OR Notice of Discretionary Review [PDF].
  • Attach a copy of the Judgment and Sentence, OR Order to be reviewed.
  • Attach Proof of Service on the prosecutor.
  • File the Notice of Appeal OR Notice of Discretionary Review and judgment/order and proof of service with the Superior Court Clerk within 30 days of the entry of the Judgment and Sentence OR the act the trial court you want reviewed.
  • If you filed a Notice of Discretionary Review, you will also need to file a Motion for Discretionary Review [PDF] within 15 days of filing the Notice.

The Superior Court Clerk will transmit the Notice and Order of Indigency to the Court of Appeals within 14 days of filing.

The Court of Appeals will appoint appellate counsel once it is filed. The Court of Appeals will not appoint counsel for a Notice of Discretionary Review, unless the court grants the Motion for Review.

Practice Tip:

Attorneys should take the Motion for Order of Indigency to the sentencing hearing for the clients to sign and file it with the court at that time.

If the trial attorney files the Notice of Discretionary Review on behalf of the client, they may be considered appellate counsel by the court of appeal for purposes of preparing the Motion for Discretionary Review.

Dependency/Termination Case

Parents seeking an appeal as of right from (1) a dependency disposition, or (2) an order terminating parental rights (Notice of Appeal) or seeking a review from 1) an order other than a dependency disposition or 2) termination order (Notice of Discretionary Review).

Order of Indigency

Notice of Appeal OR Notice of Discretionary Review

  • Notice of Appeal
  • Notice of Discretionary Review, prepare a Notice of Discretionary Review [DOC].
    • Order transcription of relevant hearings immediately after the hearing and have the transcript available for appellate counsel once appointed.
    • Appellate counsel will be appointed to prepare the Motion for Discretionary Review, which is due 15 days after appellate counsel has been appointed.
  • Arrange for the transcription of the verbatim report of proceedings with the appropriate court reporter or transcriptionist. Contact the county clerk and request that the audio be sent to the transcriber with whom you made arrangements.
  • Attach a copy of the Disposition or Order.
  • Attach Proof of Service on all parties.
  • File the Notice of Appeal OR Notice of Discretionary Review with the disposition/order and , proof of service with the Superior Court Clerk within 30 days of the entry of the disposition/order or after the act of the court that the party wants reviewed. Also file the Statement of Arrangements, Designation of Clerks Papers, and Notice of Specific Direction with the Notice of Appeal.
  • File a copy with the Court of Appeals.

Practice Tips:

Indicate in the Statement of Arrangements that appellate counsel will be appointed by the Court of Appeals and that the Report of Proceedings should be sent to appellate counsel (NOT trial counsel).

Use initials in place of names for parents and children in all Court of Appeals filings.

The Court of Appeals e-filing portal does not have a document type corresponding to the documents you as trial counsel are required to file. Select "affidavit of service" as the document type for your single package of opening documents.

Criminal, Civil, and Contested Infraction Cases- District Court

The procedures for perfecting an appeal from the District Court are provided for in the Rules for Appeal of Decision of Courts of Limited Jurisdiction (RALJ, Title 2 of Washington Court Rules).