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Wash. R. App. P. 2.3

Decisions of the Trial Court Which May Be Reviewed by Discretionary Review

activein force · 2002-12-24 – presentact-effective-date

(a) Decision of Superior Court. Unless otherwise prohibited by statute or court rule, a

party may seek discretionary review of any act of the superior court not appealable as a matter of

right.

(b) Considerations Governing Acceptance of Review. Except as provided in section (d),

discretionary review may be accepted only in the following circumstances:

(1) The superior court has committed an obvious error which would render further

proceedings useless;

(2) The superior court has committed probable error and the decision of the superior court

substantially alters the status quo or substantially limits the freedom of a party to act;

(3) The superior court has so far departed from the accepted and usual course of judicial

proceedings, or so far sanctioned such a departure by an inferior court or administrative agency,

as to call for review by the appellate court; or

(4) The superior court has certified, or that all parties to the litigation have stipulated, that

the order involves a controlling question of law as to which there is substantial ground for a

difference of opinion and that immediate review of the order may materially advance the ultimate

termination of the litigation.

(c) Effect of Denial of Discretionary Review. Except with regard to a decision of a

superior court entered in a proceeding to review a decision of a court of limited jurisdiction, the

denial of discretionary review of a superior court decision does not affect the right of a party to

obtain later review of the trial court decision or the issues pertaining to that decision.

(d) Considerations Governing Acceptance of Review of Superior Court Decision on

Review of Decision of Court of Limited Jurisdiction. Discretionary review of a superior court

decision entered in a proceeding to review a decision of a court of limited jurisdiction will be

accepted only:

(1) If the decision of the superior court is in conflict with a decision of the Court of Appeals

or the Supreme Court; or

(2) If a significant question of law under the Constitution of the State of Washington or of

the United States is involved; or

(3) If the decision involves an issue of public interest which should be determined by an

appellate court; or

(4) If the superior court has so far departed from the accepted and usual course of judicial

proceedings, or so far sanctioned such a departure by the court of limited jurisdiction, as to call

for review by the appellate court.

(e) Acceptance of Review. Upon accepting discretionary review, the appellate court may

specify the issue or issues as to which review is granted.

History

[Adopted effective July 1, 1976; Amended effective January 1, 1981; September 1, 1985; September 1, 1998; December 24, 2002.]

Provenance

Source
www.courts.wa.gov
Retrieved
2026-09-16
Edition
2026-09-16
Content hash
22c46bf425cf5bc98428e000c047b9d454cc21ff6850f0c52790f09badebf391
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