Most civil appeals in Seattle, Washington take somewhere between 12 and 18 months from the time the notice of appeal is filed to the time the court issues a written decision. The exact timeline depends on factors such as how long it takes to prepare the record and how quickly the panel of judges assigned to the case can issue an opinion, among others. If either party petitions the Washington Supreme Court for further review after that, the process can take even longer.

Learning about what happens at each stage can help you set realistic expectations if you’re considering an appeal. Read on for more information about how the process plays out.

Filing the Notice of Appeal

The appeals process begins when the losing party files a notice of appeal with the trial court. Per Washington’s Rules of Appellate Procedure (RAP 5.2), this must generally happen within 30 days of the entry of the final judgment or order being challenged. Missing this deadline could result in the dismissal of a case.

Once the notice is filed, the appellant is responsible for preparing the record on review. This includes the relevant trial court documents (known as the clerk’s papers) and the transcripts of any proceedings relevant to the issues raised on appeal.

The Briefing Phase

After the record is prepared and transmitted to the Court of Appeals, the briefing phase begins. This is where each side presents their legal arguments in writing.

• The appellant files an opening brief explaining why the trial court’s decision should be reversed.
• The respondent (the party defending the decision) files a response brief.
• The appellant may then file a reply brief addressing the arguments raised in the response.

Each brief has its own deadline, and extensions are common. The briefing phase alone can take several months depending on the complexity of the issues in question and whether either side requests additional time.

Oral Argument

After the briefs are submitted, the Court of Appeals may schedule oral argument at its discretion. In some situations, the court decides the appeal based on the written briefs alone. When oral argument is held, each side is given a limited amount of time to present their position and answer questions from the panel of judges.

Judges generally take these cases under advisement and issue a written opinion later on. This step alone typically takes anywhere from three to six months after the argument takes place.

What Can Affect the Timeline?

Several factors can speed up or slow down the appeals process:

• A lengthy or complicated trial record takes more time to prepare and review.
• Requests for extensions during briefing add weeks or months to the schedule.
• The caseload of the specific division handling the appeal can create backlogs.
• Cases involving multiple parties or complex legal issues tend to move more slowly.

Note as well that Washington’s Court of Appeals is divided into three geographic divisions: Division I in Seattle, Division II in Tacoma, and Division III in Spokane. Processing times can vary between them depending on current caseloads.

Contact a Seattle Appeals Attorney at Appellate Counsel, P.C. for a Consultation

If you’re thinking about appealing a civil court decision in Washington State, determining the timeline is an important part of the decision. An experienced Seattle appellate attorney can evaluate the strength of your case and help you decide whether an appeal is worth pursuing. 

Reach out to Appellate Counsel, P.C. for help today. We proudly serve clients in Seattle, throughout Washington, and nationwide.

Appellate Counsel, P.C. – Seattle Office
1700 Seventh Ave, Suite 2100
Seattle, WA 98101
(360) 660-1077