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- Be sure to read carefully any letters sent to you by the court.
- If you do not file your paperwork with the court or the prosecutor on time, your appeal may be dismissed.
- These instructions are intended to provide you with an overview of the procedures for the appeal process. You should also consult the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ) which govern the appeal process. The RALJ rules are found in the County Law Library in Everett.
PROCESSING AN APPEAL:
These instructions have been written to help you through the appeal process. If you follow these instructions, you will be able to proceed without difficulty. Also to aid you, you can follow the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ) which can be found in the Snohomish County Law Library on the first floor of the County Courthouse in Everett or at www.courts.wa.gov.
I. What you may appeal: (RALJ 2.2)
You may only appeal a final decision of a District/Municipal Court Judge on the following types of cases:
- Civil Matters
- Criminal Traffic or Criminal Non-traffic Matters
- Contested Hearings on an Infraction
The law does not provide for a right to appeal after a mitigation hearing on an infraction.
II. Initiating an appeal: (RALJ 2.4-5)
A notice of Appeal must be filed with Lynnwood Municipal Court within 30 days after the decision of the court. The purpose of the Notice of Appeal is to inform the Court and the prosecutor that you are asking the Superior Court to review your case.
III. Notice of Appeal form (RALJ 2.6)
The Notice of Appeal form must be completed in full and must include the following: (RALJ 2.6)
- The identity of the plaintiff and defendant in the case you are appealing.
- Your name (as appellant), the case number, and the name of the court and date of the decision you are appealing.
- The type of case you are appealing with a description of the charge, if appropriate.
- A description of each decision you want reviewed.
- Your address and telephone and the name, address and telephone of your attorney (if you have one); your opponent, or the attorney for your opponent; or the prosecuting attorney involved in your case.
This information is available from Lynnwood Municipal Court.
IV. Filing Appeal: (RALJ 2.4)
After filling out the Notice of Appeal, you must take the original Notice of Appeal and three (3) copies to Lynnwood Municipal Court and do the following:
- File the original Notice of Appeal and one (1) copy with the Municipal Court Clerk.
- Take the second copy to the prosecutor’s office. The prosecutor’s office is located at Zachor & Thomas 23607 Highway 99 Ste 1D, Edmonds WA 98026. Have your copy stamped “received” while you are there.
- Keep the third copy for your records.
- Pay the filing fee of $220.00 for appeals of infractions. This fee is payable to the Lynnwood Municipal Court in cash or cashiers’ check or money order. No Personal Checks are Accepted. No filing fee is due when a criminal case is appealed, but the filing fee may be assessed later.
Once you have filed the Notice of Appeal and paid the filing fee, the Municipal Court will send a copy of the Notice to the Clerk of the Superior Court along with the filing fee. If you are unable to pay the filing fee, you may complete an Application and Order to Proceed in Forma Pauperis for the court's review and approval.
V. GETTING THE APPEAL RECORD TO THE SUPERIOR COURT: (RALJ 2.4; 6.2 (a))
No later than 14 days after you file the Notice of Appeal, you must complete the Designation of the Record on Appeal form. This form tells the Municipal Court which portions of the record you want sent to the Superior Court. You must be specific in your designation, especially in noting the tape numbers where your case can be found. Make three (3) copies of the completed Designation form.
- Take the original and one (1) copy of the Designation of the Record on Appeal to Lynnwood Municipal Court.
- Take a second copy of the Designation to the prosecutor’s office. (Have your copy stamped “received” while you are there.)
- Keep the third copy for your records.
- Pay the processing fee at that time or within 10 days after the court tells you the record is ready to send. The processing fee is $40.00 which covers the costs of preparing and transmitting the Court record and up to two audio tapes to the Superior Court. If additional tapes are required or if you want copies of tapes for yourself, they are available for a fee of $10.00 each.
Please note: If you do not complete the Designation of the Record on appeal and pay the necessary fees, your appeal will not be sent to the Superior Court.
A cash bail or bond may also be required if you want to prevent enforcement of the judgment in your case. See Section VIII.
At the address you have provided the Municipal Court, you will receive notification of your hearing dates from the Clerk of Superior Court. This notice will include the number given your appeal by the Superior Court. Include this number on all documents you file in the Clerk’s Office. The first hearing is held approximately 12 weeks after your Notice of Appeal is received by the Clerk of Superior Court. The hearing is held in the Presiding Department of the Superior Court (Room 201). The purpose of the hearing is to make sure that all briefs have been filed and the appeal is ready to be heard by a Superior Court Judge. If everything is ready, you will receive a letter telling you when and where the oral argument will be heard.
VII. BRIEFS; (RALJ 7.2)
You must file your appeal brief within 45 days of filing your Notice of Appeal. A brief is a written document explaining to the Superior Court what happened in the Municipal Court and what decisions you want reviewed. You will need to indicate the tape number and counter numbers where these decisions can be found. You will be expected to point out legal authority supporting your position.
Your brief should include the Superior Court case number. Your original brief and two copies should be taken to window #1 of the Snohomish County Clerk’s Office, second floor, Snohomish County Courthouse, Everett. The clerk will keep the original and stamp the other two. One copy must be served on the prosecutor who will stamp “received” on your copy. The third copy should be kept for your records.
VIII. Stay of Enforcement of Judgment: (RALJ 4.3)
Once a final decision has been made in the Municipal Court, the judgment will be carried out unless a stay of enforcement of judgment is entered.
In a criminal case, you must request a stay of judgment form the Court that entered the decision. The Municipal Court may set bail or bond at a reasonable sum, or the Court may determine that the enforcement of the sentence should be stayed without cash bail or bond.
In a civil infraction case, you must file a motion in Superior Court to stay the enforcement of the Municipal Court judgment.