Washington Notice of Appeal
Washington's appellate court will extend the notice of appeal deadline only in extraordinary circumstances to prevent a gross miscarriage of justice, and a small claims appeal requires a bond of twice the judgment and costs or twice the amount in controversy, whichever is greater, before the case is reviewed de novo on the record.
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Introduction
In Washington, a notice of appeal from a final civil judgment must be filed within 30 days after entry of the trial court decision being appealed, not the date any notice of that decision is served on the parties (RAP 5.2(a), (c)). If a party timely files a motion for new trial, reconsideration, or amendment of judgment under CR 59, a motion for judgment as a matter of law under CR 50(b), or a motion to amend findings under CR 52(b), the 30 days restarts and runs from entry of the order deciding that motion, not from the motion's filing date (RAP 5.2(e)). A party who has not yet filed a notice can also gain time under RAP 5.2(f): 14 days after being served with another party's timely notice of appeal. Outside those tolling motions, the appellate court will extend the deadline only in extraordinary circumstances and to prevent a gross miscarriage of justice, and Washington courts have said the desirability of finality ordinarily outweighs a litigant's interest in extra time (RAP 18.8(b)). The notice is filed with the superior court, the trial court that entered the decision, not the Court of Appeals, and it must itself name the appellate court to which review is taken (RAP 5.1(a); RAP 5.3(a)(4)). Review generally goes to the Court of Appeals division embracing the county of the superior court; a small claims judgment instead goes from district court to the superior court of that county (RCW 12.36.010). The superior court filing fee for a civil appeal is $280 under the current King County fee schedule, paid to the superior court clerk at the time the notice is filed (RCW 36.18.020(2)(b), (5)(b), (6)); confirm the current fee, and whether any other fee is due, with the clerk; no cost bond is required to perfect an ordinary civil appeal, and an indigent filer may apply to waive the fee under GR 34. Filing the notice does not by itself stop the other side from collecting on the judgment. A stay of a money judgment requires posting a supersedeas bond or cash in the trial court, in an amount covering the judgment plus interest likely to accrue during the appeal and attorney fees, costs, and expenses likely to be awarded on appeal (RAP 8.1(b)(1), (c)(1)). An appeal to the Court of Appeals reviews the trial court record for legal error; it is not a new trial. A small claims appeal is different: it is decided de novo upon the existing district court record, not as a live retrial with new witnesses, is open to any person rather than the defendant alone, and requires posting a bond of twice the judgment and costs or twice the amount in controversy, whichever is greater (no bond is required of a county, city, town, or school district), all within 30 days after the judgment is rendered (RCW 12.36.020(1)-(2), (3); RCW 12.36.055(1)). This page covers a civil appeal from a final trial court judgment. Criminal, administrative agency, federal court, and interlocutory appeals follow separate rules and are not covered here. Attorney review is available before you file.
Key Things to Know
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The notice of appeal is due 30 days after entry of the trial court decision, not service of any notice of it (RAP 5.2(a), (c)). A timely motion for new trial, reconsideration, or amendment of judgment under CR 59, judgment as a matter of law under CR 50(b), or to amend findings under CR 52(b) restarts the 30 days from entry of the order deciding that motion (RAP 5.2(e)); a party who has not filed can still gain 14 days after service of another party's timely notice (RAP 5.2(f)).
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The deadline is generally not extendable. The appellate court will extend the time to file only in extraordinary circumstances and to prevent a gross miscarriage of justice, and has said finality ordinarily outweighs a litigant's interest in extra time (RAP 18.8(b)).
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File the notice with the superior court, the trial court that entered the decision, not the Court of Appeals (RAP 5.1(a)). The notice must itself name the appellate court to which review is taken, and the clerk then forwards it to that court within 14 days (RAP 5.3(a)(4); RAP 5.4(a)).
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RAP 5.3(a) requires the notice to be titled a notice of appeal, specify the party seeking review, designate the decision being appealed, and name the appellate court. Washington Courts also publish RAP Form 1, Notice of Appeal, as a template for this content; check the current version with the clerk. The notice must be served on every other party the same day it is filed (RAP 5.4(b)).
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The superior court filing fee for a civil appeal is $280 under the current King County fee schedule, paid to the superior court clerk when the notice is filed (RCW 36.18.020(2)(b), (5)(b), (6)); confirm the current fee, and whether any other fee is due, with the clerk. No cost bond is required to perfect an ordinary civil appeal, and an indigent filer may apply to waive the fee under GR 34.
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Filing the notice does not by itself stop the other side from collecting on the judgment. A stay of a money judgment requires posting a supersedeas bond or cash in the trial court, covering the judgment plus interest likely to accrue during the appeal and attorney fees, costs, and expenses likely to be awarded on appeal (RAP 8.1(b)(1), (c)(1)).
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A small claims appeal goes from district court to the superior court of the same county and is decided de novo upon the existing record, not a live retrial (RCW 12.36.055(1)). Any person, not just the defendant, may appeal if the amount in controversy, exclusive of costs, exceeds $250, but must post a bond of twice the judgment and costs or twice the amount in controversy, whichever is greater (no bond is required of a county, city, town, or school district) and file within 30 days after the judgment is rendered (RCW 12.36.020(1)-(2)).
Key decisions before you file
Before you file a Notice of Appeal in Washington, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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Washington Requirements for Notice of Appeal
30-Day Deadline Runs From Entry, Not Service
The notice of appeal must be filed within 30 days after entry of the trial court decision being appealed, not the date any notice of that decision is served on the parties (RAP 5.2(a), (c)).
Certain Post-Trial Motions Restart the Clock
A timely motion for new trial, reconsideration, or amendment of judgment under CR 59, judgment as a matter of law under CR 50(b), or to amend findings under CR 52(b) restarts the 30 days from entry of the order deciding the motion, not the motion's filing date (RAP 5.2(e)).
Extension Limited to Extraordinary Circumstances
The appellate court will extend the time to file a notice of appeal only in extraordinary circumstances and to prevent a gross miscarriage of justice, and has said finality ordinarily outweighs a litigant's interest in extra time (RAP 18.8(b)).
Filed With the Superior Court, Not the Court of Appeals
The notice is filed with the superior court, the trial court that entered the decision, not the Court of Appeals, and it must itself name the appellate court to which review is taken (RAP 5.1(a); RAP 5.3(a)(4)).
Required Contents Under RAP 5.3(a)
The notice must be titled a notice of appeal, specify the party seeking review, designate the decision or part of the decision being appealed, and name the appellate court to which review is taken (RAP 5.3(a)).
Same-Day Service on Other Parties
The party filing the notice of appeal must serve a copy on each other party of record the same day it is filed, and file proof of that service with the appellate court (RAP 5.4(b)).
Filing Fee and Fee Waiver
The superior court filing fee for a civil appeal is $280 under the current King County fee schedule, paid to the superior court clerk when the notice is filed (RCW 36.18.020(2)(b), (5)(b), (6)); confirm the current fee, and whether any other fee is due, with the clerk. An indigent filer may apply to waive the fee under GR 34.
No Stay Without a Supersedeas Bond
Filing the notice of appeal does not by itself stop enforcement of the judgment. A stay of a money judgment requires posting a supersedeas bond or cash in the trial court, covering the judgment plus interest likely to accrue during the appeal and attorney fees, costs, and expenses likely to be awarded on appeal (RAP 8.1(b)(1), (c)(1)).
Small Claims Appeal Is De Novo on the Record, With a Bond
A small claims appeal goes from district court to the superior court of the same county and is decided de novo upon the existing record, open to any person, but requires a bond of twice the judgment and costs or twice the amount in controversy, whichever is greater (no bond is required of a county, city, town, or school district) and must be filed within 30 days after the judgment is rendered (RCW 12.36.020(1)-(2); RCW 12.36.055(1)).