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How to File a Petition for Review in the Washington Supreme Court After an Adverse Court of Appeals Decision

A petition for review in the Washington Supreme Court is generally due within 30 days after the Court of Appeals decision becomes final. If the Court of Appeals ruled against you, the petition is the primary path to seek discretionary review by Washington’s highest court. This article explains deadlines, filing steps, formatting requirements, and strategic considerations under the Washington Rules of Appellate Procedure.

When the Washington Court of Appeals issues an adverse decision, the next (and usually final) chance for statewide precedent or error correction is a petition for review to the Washington Supreme Court. Unlike an appeal as of right, Supreme Court review is discretionary. That means your filing must do two things at once: (1) comply meticulously with the Washington Rules of Appellate Procedure (RAP), and (2) persuasively show why your case meets the court’s limited criteria for review.

1. Understand What a Petition for Review Is (and Is Not)

A petition for review asks the Washington Supreme Court to accept review of a Court of Appeals decision. The Supreme Court does not re-try the case, take new evidence, or reweigh credibility. It reviews legal issues based on the record created below. Most petitions are denied, often without comment, so the goal is to present a crisp legal issue that fits the court’s criteria and has significance beyond the parties.

In Washington, petitions for review are governed primarily by RAP 13. Your petition must be grounded in those rules, not just general complaints about the outcome.

Discretionary review criteria (RAP 13.4)

The Supreme Court typically grants review when, for example:

The Court of Appeals decision conflicts with a Supreme Court decision or another Court of Appeals decision.
The case involves a significant question of law under the Washington Constitution, statutes, or common law.
The case involves an issue of substantial public interest or broad impact.
The Court of Appeals has so far departed from accepted law or decided an important question in a way that should be corrected by the Supreme Court.

Practical takeaway: frame your issues as “why this case matters” rather than “why we should have won.”

2. Calculate the Deadline: The 30-Day Clock (and What Triggers It)

For most cases, a petition for review must be filed within 30 days after the Court of Appeals decision becomes final. Under Washington appellate practice, “final” timing can be affected by post-decision motions.

How finality can change

Common timing scenarios include:

No motion for reconsideration: The decision becomes final under the RAP timetable, and your petition is due 30 days after that finality date.
Motion for reconsideration filed: If you timely seek reconsideration in the Court of Appeals, finality (and therefore the petition-for-review deadline) typically runs from the Court of Appeals’ action on reconsideration.

Practice tip: Do not rely on informal docket notes. Pull the decision date, track any reconsideration activity, and confirm the “final” date in the appellate docket. A missed deadline is often fatal.

3. Decide: Petition for Review vs. Reconsideration vs. Both

After an adverse Court of Appeals decision, counsel commonly evaluate three routes:

Motion for reconsideration (Court of Appeals): Best when there is a clear factual misstatement, overlooked controlling authority, or a specific analytical error that the panel may correct.
Petition for review (Supreme Court): Best when the issue fits RAP 13.4—conflict, major legal question, broad public impact, or a serious departure from established law.
Both (sequenced): In some cases, reconsideration can refine issues and preserve the cleanest vehicle for review, but you must manage how it affects finality and deadlines.

Strategically, reconsideration is not just “one more try.” It can strengthen the later petition by narrowing issues, correcting language that could hinder review, or prompting a dissent that highlights a conflict or significance.

4. Build the Record Foundation: The Supreme Court Reviews What’s Already There

The Supreme Court’s review is constrained by the appellate record. Before drafting, ensure you have:

The Court of Appeals opinion (published or unpublished) and any separate writings.
The briefing from the Court of Appeals and key cited record materials.
Trial court orders, findings, and any dispositive motions relevant to your legal issue.

If your argument depends on a particular fact, verify that it is supported by the record and was properly raised/preserved. Even a compelling legal issue can be undermined by preservation problems.

5. Drafting the Petition: Contents That Win Attention

RAP 13 sets content requirements, and the Supreme Court expects strict compliance. While attorneys should consult the current RAP text and the clerk’s guidance for formatting and length, most effective petitions share a structure that makes the justices’ job easier: identify the legal question, show why it meets RAP 13.4, and demonstrate the consequences of leaving the Court of Appeals decision in place.

Key components to include

Although exact headings may vary depending on the rule requirements and your case posture, a strong petition generally contains:

Identity of decision and procedural posture: What decision is being challenged and what happened below.
Issues presented for review: A short list of legal questions stated neutrally and precisely.
Argument for why review should be accepted: Tie directly to RAP 13.4 criteria; lead with conflict/significance.
Concise merits discussion: Enough to show the Court of Appeals was wrong, but keep the emphasis on why the Supreme Court should care.
Conclusion and relief requested: E.g., accept review and reverse/modify/remand.

Write your “Issue Presented” like a grantable question

Compare these two examples:

Weak: “Whether the Court of Appeals erred in affirming summary judgment.”
Stronger: “Whether Washington’s public policy exception to at-will employment permits an employer to avoid liability when the employee reports safety violations mandated by statute.”

The stronger version signals broader importance and invites the Supreme Court to clarify statewide law.

6. Demonstrate a RAP 13.4 Basis with Specificity

The fastest way to lose credibility is to recite RAP 13.4 in a conclusory paragraph (“this issue is of substantial public interest”) without showing your work. Instead, prove it with concrete legal comparisons and real-world effects.

A. Conflict arguments: show the collision

If you claim conflict, do not merely cite cases. Quote or paraphrase the operative legal rule from:

The Court of Appeals opinion you are challenging, and
The allegedly conflicting Supreme Court (or other Court of Appeals) authority.

Then explain why the rules cannot be reconciled. Conflict is one of the most persuasive reasons for the Supreme Court to step in because it affects uniformity statewide.

B. Significant legal question: show uncertainty or recurring impact

When framing a “significant question,” emphasize:

How often the issue arises (e.g., common procedural or statutory questions).
Why existing decisions do not answer it cleanly.
How the Court of Appeals decision changes the legal landscape.

C. Public interest: quantify who is affected

Public interest arguments land best when you can identify affected sectors—public agencies, regulated industries, criminal defendants, landlords/tenants, families in dependency proceedings, or employers/employees statewide. Explain the practical consequences of the rule adopted below.

7. Formatting, Filing, and Service: Avoid Technical Denials

The Supreme Court clerk’s office and RAP provisions dictate technical requirements, and errors can lead to rejection, correction orders, or credibility loss. Common compliance items include:

Correct court and cause number matching the appellate docket.
Proper length limits and formatting (consult current RAP and any clerk guidance).
Required attachments (typically the Court of Appeals decision and relevant orders, as required by rule).
Timely service on all parties and compliance with proof-of-service requirements.
E-filing rules through Washington’s appellate e-filing system, if applicable.

Practice tip: Build a filing checklist and confirm each RAP requirement before submission. Many petitions fail not because the issue is unimportant, but because the petition does not present it cleanly and compliantly.

8. What Happens After Filing: Responses, Replies, and Outcomes

After a petition is filed, the opposing party may file an answer (response) under the RAP schedule, and the petitioner may have a limited opportunity to reply. The Supreme Court can then:

Deny review (often without explanation), leaving the Court of Appeals decision intact.
Grant review on some or all issues.
Grant review and set the matter for further briefing/argument under the Supreme Court’s procedures.

In some cases, the Supreme Court may accept review but narrow the question presented. Draft your issues so that even a narrowed grant still captures the core relief you need.