Bar Bulletin

Bar Bulletin

always Appealing: Courts Should Focus on the “Notice” in Notice of Appeal

June 2022 Bar Bulletin

By Ian C. Cairns

Several recent appellate decisions have narrowly construed what orders “prejudicially affect” a final judgment for purposes of determining whether they may be reviewed on appeal if not designated in the notice of appeal. This article reviews the relevant RAPs and related precedent before explaining why these cases reflect a potentially worrisome trend that is inconsistent with the RAPs, in particular the mandate in RAP 1.2(a) that the RAPs “will be liberally interpreted to promote justice and facilitate the decision of cases on the merits.”

RAP 5.3 governs the content of a notice of appeal. RAP 5.3(a) provides...

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