Opinion
No. 91680–2.
02-10-2016
Delmis SPIVEY, Petitioner, v. CITY OF BELLEVUE, et al., Respondents.
¶ 1 Enclosed for counsel is a copy of this Court's order dated February 10, 2016, which granted direct discretionary review in this matter and consolidated the matter with Supreme Court cause number 92197–1—Larson v. City of Bellevue.
¶ 2 The following schedule sets forth the time requirements for completing the record on review and the filing of briefs pursuant to the Rules of Appellate Procedure [RAP]:
1. DESIGNATION OF CLERK'S PAPERS:
Within 30 days after discretionary review was granted, the Petitioner should serve on all other parties and file with the trial court clerk and with the Clerk of this Court a designation of those Clerk's papers and exhibits the party wants the trial clerk to transmit to this Court. Any party may supplement the designation of clerk's papers and exhibits prior to or with the filing of the party's last brief. [RAP 9.6 ];
2. STATEMENT OF ARRANGEMENTS FOR VERBATIM REPORT OF PROCEEDINGS:
If the Petitioner intends to provide a verbatim report of the proceedings, then within 30 days after discretionary review was granted the Petitioner should serve and file with the Clerk of this Court a statement that arrangements have been made for the transcription of the report. The Petitioner must indicate the date the transcription was ordered and the financial arrangements that have been made for payment of transcription costs. [RAP 9.2 ]. If the Petitioner arranges for only a partial report of proceedings, then the Petitioner must comply with the additional requirements of RAP 9.2(c). If the Petitioner does not intend to provide a verbatim report of proceedings, a statement to that effect should be served and filed in lieu of a statement of arrangements within 30 days after acceptance of review, see RAP 9.2(a) ;
3. PETITIONER'S BRIEF (if no report of proceedings filed):
NOTE: IF THE RECORD OF REVIEW DOES NOT INCLUDE A REPORT OF PROCEEDINGS (as defined by RAP 9.2, RAP 9.3 and RAP 9.4 ), then the Petitioner shall file an opening brief with the Clerk of this Court within 45 days after filing the designation of Clerk's papers and exhibits. At the same time the Petitioner shall serve one copy of the brief on every other party and on any amicus curiae and file with the Clerk of this Court proof of such service, [RAP 10.2 ];
4. FILING OF REPORT OF PROCEEDINGS:
Any report of proceedings must be filed with the clerk of the Supreme Court within 60 days after the statement of arrangements is filed (RAP 9.5(a) ). See RAP 9.5(c) as to when, where and how a party may serve and file objection to, and proposed amendments to, a narrative report of proceedings or a verbatim report of proceeding.
5. PETITIONER" BRIEF [if a report of proceedings is filed]: Within 45 days after the report of proceedings is filed, the Petitioner shall file an opening brief with the Clerk of this Court. At the same time the Petitioner shall serve one copy of the brief on every other party and on any amicus curiae, and file with this Court proof of such service. [RAP 10.2 ];
6. RESPONDENT'S BRIEF:
Within 30 days after service of Petitioner's brief, the Respondent shall file a response brief with the Clerk of this Court. At the
The parties are directed to the amendments to RAP 9.5 effective September 1, 2015, which require the court reporter or transcriptionist to file the report of proceedings directly in the appellate court, not the trial court, and to include a searchable PDF electronic copy of the report of proceedings.
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same time the Respondent shall serve one copy of the brief on every other party and on any amicus curiae, and file with this Court proof of such service. [RAP 10.2 ];
7. PETITIONER'S REPLY BRIEF:
Petitioner's reply brief shall be filed with the Clerk of this Court within 30 days after service of the brief of the Respondent. At the same time the Petitioner shall serve one copy of the brief on every other party and on any amicus curiae, and file with the Clerk of this Court proof of such service. [RAP 10.2 ]
¶ 3 It is noted that in the Rules of Appellate Procedure [RAP] "should" is used when referring to an act a party or counsel is under an obligation to perform. Accordingly, the failure to comply with the above specified time requirements and/or procedures for completing the record on review and the service and filing of briefs, may subject the offending party to the sanctions pursuant to RAP 18.9. A request for an extension of time must be made by motion pursuant to the provisions of RAP Title 17.
¶ 4 All briefs and other papers submitted to the Supreme Court to be filed or considered in a case should be addressed to the Clerk of the Court and should clearly show the information required by RAP 18.23 and APR 13(a).
¶ 5 Any request for reasonable attorney fees must be made pursuant to RAP 18.1.
ORDER
¶ 6 Department I of the Court, composed of Chief Justice Madsen and Justices Johnson, Fairhurst, Wiggins, and Gordon McCloud, considered this matter at its February 9, 2016, Motion Calendar, and unanimously agreed that the following order be entered.
¶ 7 IT IS ORDERED:
¶ 8 That the Petitioner's motion for discretionary review is granted. The temporary stay granted by the Deputy Court Commissioner in this matter on May 22, 2015, is superseded by RAP 7.2, which defines the authority of the trial court to act. The request for judicial notice is denied. The motion to consolidate this matter with Supreme Court cause number 92197–1—Wilfred A. Larson v. City of Bellevue is also granted. The matters are consolidated under Supreme Court cause number 91680–2.
For the Court
/s/ Madsen, C.J.
CHIEF JUSTICE