A Guide to Appellate Motions on the Merits
Parties to an appeal often feel they have little choice but to follow Washington’s ordinary appellate procedure. Briefs are filed, a panel is selected, oral argument is heard and a decision is ultimately handed down. By its nature, the process can be protracted and expensive. In appropriate cases, however, there may be an alternative.
The “motion on the merits” procedure is intended to provide prompt and economical review of a trial court decision where the issues raised on appeal are clear. This note gives practitioners an overview of the rules governing motions on the merits and offers some advice to consider in deciding whether to file a motion on the merits and in preparing (and arguing) such a motion. View full article (PDF).
This article first appeared in the King County Bar Association’s December 2007 “Bar Bulletin.”