WA · rules
Wash. R. App. P. 16.8
Personal Restraint Petition--Filing and Service
(a) Filing Fee. A personal restraint petition will be filed by the clerk of the appellate court
only if the statutory filing fee is paid, unless the appellate court determines that the petitioner is
indigent or the case is transferred from Superior Court under CrR 7.8. The statute governing
payment of a fee for filing a petition for writ of habeas corpus is controlling.
(b) Filing in Court of Appeals. A personal restraint petition filed in the Court of Appeals
must be filed in the division that includes the superior court entering the decision on the basis of
which petitioner is held in custody or, if petitioner is not being held in custody on the basis of a
decision, in the division in which the petitioner is located.
(c) Deficient Petitions. If the clerk of the appellate court determines that a petition
submitted does not conform with this rule or with rule 16.7(a)(1), (3), (4), (5), (6), or (7), the
petition should be filed and the clerk will direct the petitioner to correct the deficiency within 60
days.
(d) Service of Petition. If petitioner’s restraint is imposed by the state or local
government, the clerk of the appellate court will reproduce a copy of the petition and serve the
petition on the officer or agency under a duty to respond to the petition. If petitioner’s restraint is
imposed by a person or agency other than the state or local government, the petitioner must
prepare and serve a copy of the petition on the proper respondent.
(e) Amendment of Petition. The appellate court may allow a petition to be amended. All
amendments raising new grounds are subject to the time limitation provided in RCW 10.73.090
and 10.73.100.
References
RCW 2.32.070, Fees--Supreme Court clerk, clerks of Court of Appeals.
History
[Adopted effective July 1, 1976; Amended effective September 1, 2014; June 27, 2023.]
Provenance
- Source
- www.courts.wa.gov
- Retrieved
- 2026-09-16
- Edition
- 2026-09-16
- Content hash
d89f4c35f3d26640c02f172f229473f7a732640dcd82552e1d54dfee11fe1831
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