KITSAP COUNTY LOCAL COURT RULES

Title 1

TITLE 1. SCOPE AND PURPOSE OF RULES

No Local Rules

TITLE 2. INITIATING AN APPEAL

RULE 2.6 CONTENT OF NOTICE OF APPEAL

(h) Designation of Claimed Errors. The notice of appeal shall include a statement of the errors the appealing party claims were made by the court of limited jurisdiction.

     (1) The notice of appeal shall identify the location of claimed errors in the transcript.

TITLE 3. ASSIGNMENT OF CASES IN SUPERIOR COURT

RULE 3.1 NOTICE OF HEARING AND ASSIGNMENT

(a) Notice; Hearing; Action That May be Taken. After an appeal has been filed, the court shall note the case for status hearing and notify counsel/parties of the hearing. This hearing will be scheduled as soon as the briefing time lines as set forth in RALJ 7.2 have elapsed. At this hearing, the following action may be taken:

     (1) If appellant’s brief has not been timely filed, the appeal may be dismissed on either respondent’s or the court’s motion;

     (2) If respondent’s brief has not been timely filed, a hearing shall be set and the respondent will be barred from presenting oral argument; or

     (3) If both the appellant’s brief and the respondent’s brief have been filed, the matter will be assigned to a trial department for hearing on a date certain and the parties so notified.

     (4) If good cause is shown why the appellant’s brief and/or the respondent’s brief have not yet been filed, the court shall set a new briefing schedule and another trial/hearing date.

     (b) If, two days prior to the status hearing above scheduled, all parties notify the court scheduler and certify in writing that the briefs are filed and the matter is ready for trial, the presence of the parties or counsel at the status hearing is not required, and a trial date will be assigned and the parties notified.

This procedure shall be followed in both criminal and civil matters, excluding small claims.

TITLE 4. AUTHORITY OF COURTS OF LIMITED JURISDICTION
AND OF SUPERIOR COURT PENDING APPEAL - STAYS

No Local Rules

TITLE 5. RECORDING PROCEEDINGS IN COURT OF LIMITED JURISDICTION

No Local Rules

TITLE 6. RECORD ON APPEAL

RULE 6.3A TRANSCRIPT OF ELECTRONIC RECORD

(a) Transcript by Appellant.

     (1) The appellant shall transcribe the electronic record.

Superior Court Home Page and Information

TITLE 7. BRIEFS

RULE 7.3 FILING AND CONTENT OF BRIEFS

Each party shall file a brief pursuant to the requirements of RALJ 7.1 and 7.2.

(a) Content of Appellant’s Brief. The brief of the appellant should contain under appropriate headings and in the order here indicated:

     (1) Title Page. A title page, which is the cover, naming the Superior Court to which the appeal is taken and identifying: the cause number on appeal; the names of the parties; the title of the brief (for example: Brief of Appellant); and the name of the party filing the brief or the attorney filing it on his/her behalf.

     (2) Tables. A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with references to the pages of the brief where cited.

     (3) Assignments of Error. A separate concise statement of each error a party contends was made by the trial court, together with the issues pertaining to the assignments of error.

     (4) Statement of the Case. A fair statement of the facts and procedure relevant to the issues presented for review, without argument. Reference to the record must be included for each factual statement.

     (5) Argument. The argument in support of the issues presented for review, together with citations to legal authority and specific references to those portions of the record/transcript relevant to the issues argued.

     (6) Conclusion. A short conclusion stating the precise relief sought.

     (7) Appendix. An appendix to the brief if deemed appropriate by the party submitting the brief.

(b) Content of Respondent’s Brief. The brief of respondent should conform to section (a) and answer the brief of appellant. A statement of the issues and a statement of the case need not be made if respondent is satisfied with the statement in the brief of appellant. If a respondent is also seeking review, the brief of respondent must state the assignments of error and the issues pertaining to those assignments of error presented for review by respondent and include argument of those issues making specific reference to relevant portions of the record/transcript.

(c) Reply Brief. A reply brief should be limited to a response to the issues in the brief to which the reply brief is directed.

(d) Failure To Include Information. Failure to provide specific references to those portions of the transcript relevant to argument(s) on appeal may result in the dismissal of the appeal or the imposition of terms. References to the entire transcript or electronic record will not be acceptable or considered by the court.

TITLE 8. ORAL ARGUMENT

No Local Rules


TITLE 9. SUPERIOR COURT DECISION AND PROCEDURE
AFTER DECISION

No Local Rules

TITLE 10. VIOLATION OF RULES - SANCTIONS AND DISMISSAL

No Local Rules


TITLE 11. SUPPLEMENTAL PROVISIONS