WA · rules
Wash. R. App. P. 16.12
Personal Restraint Petition--Superior Court Hearing
If the appellate court transfers the petition to a superior court, the transfer will be to the
superior court for the county in which the decision was made resulting in the restraint of
petitioner or, if petitioner is not being restrained on the basis of a decision, in the superior court
in the county in which petitioner is located. If the respondent is represented by the Attorney
General, the prosecuting attorney, or a municipal attorney, respondent must take steps to obtain a
prompt evidentiary hearing and must serve notice of the date set for hearing on all other parties.
The parties, on motion, will be granted reasonable pretrial discovery. Each party has the right to
subpoena witnesses. The hearing shall be held before a judge who was not involved in the
challenged proceeding. The petitioner has the right to be present at the hearing, the right to
cross-examine adverse witnesses, and the right to counsel to the extent authorized by statute. The
Rules of Evidence apply at the hearing. Upon the conclusion of the hearing, if the case has been
transferred for a reference hearing, the superior court shall enter findings of fact and have the
findings and all appellate court files forwarded to the appellate court. Upon the conclusion of the
hearing if the case has been transferred for a determination on the merits, the superior court shall
enter findings of fact and conclusions of law and an order deciding the petition.
History
[Adopted effective July 1, 1976; Amended effective January 1, 1977; September 1, 2014.]
Provenance
- Source
- www.courts.wa.gov
- Retrieved
- 2026-09-16
- Edition
- 2026-09-16
- Content hash
b366f31221ae64e81b7279f85bf35de69cf1602641815158a6080208e5e4711a
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