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How do I find the correct form to request a hearing from King County Superior Court for someone incarcerated in WADOC?

Seattle, WA |

In February, we filed what we thought was a motion to withdraw plea and also a motion to correct offender score. In mid February the following code showed up under the case number on the clerks website: affidavit/dclr/cert of service. We assumed that is was a receipt that the court had indeed received the documents and would begin to process the request/forms. Per the court, the documents that were filed were merely informational—meaning the court filed them and that’s it. The documents will not be reviewed further. Apparently, we needed to file a form to set a hearing with the court. By any chance, do you know what form that is? The clerks office was not very helpful.

Attorney Answers 1

  1. Dear ?,

    You do not say how long it has been since conviction and sentencing. Based on the other facts you have presented, it seems likely the time to file a motion to withdraw plea has expired long ago but you didn't know that.
    You likely will need to file a motion for postconviction relief which has a one year time limit. But you cannot do that if you still have a right to appeal. The time to file a Notice of Appeal runs from the date of sentencing and is 30 days long. So, if the 30 days is up and you have not filed a notice of appeal, you will be limited to review by postconviction motion.
    I cannot recommend too strongly consulting with experienced Washington postconviction counsel about this case. You can find such counsel right here on Avvo by following the "Find A Lawyer" link at the top of this page.

    Yours sincerely,
    Tim Provis
    Appellate Counsel
    Cal. Bar No. 104800
    Wis. Bar No. 1020123
    Member: U.S. Supreme Court Bar