An appellate court commissioner issued a "ruling denying review". Is this a decision that can be 'modified' under RAP 17.7?
Seattle, WA
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Posted 17 days ago in Appeals
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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.
Answers (2)Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 17 days ago.
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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. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. David Zuckerman
This attorney is licensed in Washington.
Posted 15 days ago.
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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." |