How much does it cost to appeal a summary judgement hearing, and how much time is allowed to do the appeal?

Asked almost 4 years ago - Seattle, WA

Also, what is the process involved? What forms would be needed and who gets them? Thank you.

Attorney answers (2)

  1. Robert Adam Meyers

    Contributor Level 11

    Answered . I'd like to expand on the previous answer:

    In terms of the process that's involved, the answer likely also depends on the specific nature of the summary judgment ruling. If a Washington State Superior Court judge issued the summary judgment order, only certain types of decisions may be appealed as a matter of right, and there's a certain procedure that one must follow for those appeals. If you may not appeal as a matter of right, then you may only seek "discretionary review." That involves a different process.

    If your case is in a Washington State Superior Court, I've pasted a link to the Washington Rules of Appellate Procedure. They spell out the process.

    Good luck.

    http://www.courts.wa.gov/court_rules/?fa=court_...

  2. Christopher Paul Keleher

    Contributor Level 8

    Answered . It depends. Is your appeal in a state court or federal? In a FEDERAL civil case, the notice of appeal must be filed with the district clerk within 30 days after the summary judgment order is entered. The FEDERAL Notice of Appeal is a simple form you can find online.

    In Washington (assuming that is where your state appeal would be), a notice of appeal must be filed in the trial court within 30 days after the entry of the summary judgment.

    As for the time and costs, it depends on how many issues the case has. Obviously, the more complex the case, the more time, and the more costs.
    I would recommend consulting a lawyer with appellate experience to ensure you will correctly comply with the appellate procedural rules. There are many technical rules for writing the appellate brief as well. Finally, be wary of your time, the clock is ticking, and if you file after the deadline, the appeal will not be accepted.

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