An appellate court commissioner issued a "ruling denying review". Is this a decision that can be 'modified' under RAP 17.7?

up for discretionary review (RAP 2.3(b)2) were the lower court's orders denying a protective order in the discovery of psychiatric records, denying a motion to compel an answer for a deceptive response to an interrogatory and denying review of sanctions imposed by the lower court for the failed motions for a protective order and to compel.
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Answers (2)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
Did the appeal brief request that relief? See, Wilson Court Ltd. P'ship v. Tony Maroni's, Inc., 134 Wn.2d 692, 710 n.4, 952 P.2d 590 (1998)

A party may object to the commissioner's or clerk's award only by filing a motion to modify under RAP 17.7. RAP 18.1(g). The clerk "will include the award" of attorney fees and expenses in the mandate, the certificate of finality, or in a supplemental judgment. RAP 18.1(h). See, Thompson v. Lennox, No. 37605-9-II (File Date: 08/04/2009)

It appears that if the proper relief request was not made in advance the denial of appeal fees is warranted. "A party's failure to comply with the rule's provisions warrants denial of her fee request." Wilson, Id.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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David Zuckerman

David Zuckerman

Contributor Level 4
Yes, you can file a motion to modify under RAP 17.7. See Form 20 for the proper format.

These are fairly tricky matters to handle on your own. If you can't afford to have a lawyer take over representation, you might consider paying a lawyer by the hour to provide some "coaching."
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