Bar Bulletin

Bar Bulletin

When Waiting to Seek Review Can Hurt Your Client

January 2022 Bar Bulletin

By Ian C. Cairns

Washington’s appellate courts strongly disfavor interlocutory review prior to a final judgment. But our appellate courts have also — in limited situations — encouraged litigants to seek discretionary review and even penalized them for failing to do so. This article discusses the few instances where our courts have encouraged, rather than discouraged, interlocutory review. 

Washington appellate courts disfavor interlocutory review.The reasons for disfavoring interlocutory review are long-standing and well founded. As our Supreme Court stated more than 60 years ago, “[p]iecemeal appeals of interlocutory orders must be avoided in the interests of speedy and economical disposition of judicial business.”1...

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