City of Chehalis, Washington

DISTRICT/MUNICIPAL COURT APPEALS INSTRUCTIONS
CIVIL AND CRIMINAL CASES

These instructions are intended to give you an overview of the procedures to follow to appeal your case. You should also consult the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ). These govern the appeal process and can be found in the Lewis County Law Library in Chehalis.

I. WHAT YOU MAY APPEAL: (RALJ 2.2)
The final decision of a District/Municipal Court Judge may be appealed in the following types of cases: Civil Matters, Criminal Traffic or Criminal Non-Traffic Matters; and Contested Hearings on an Infraction. The law does not provide for a right to appeal after a mitigation hearing on an infraction.

II. STARTING AN APPEAL: (RALJ 2.4-5)
A Notice of Appeal must be filed with the District/Municipal Court within 30 days after the decision of the District/Municipal Court. The purpose of the Notice of Appeal is to inform the court, the prosecutor and/or your opponent that you are asking the Superior Court to review your case.

III. NOTICE OF APPEAL: (RALJ 2.6)
You may contact the Chehalis Municipal Court for a Notice of Appeal form. You will need the following information to complete this form:

A.	The identity of the plaintiff and defendant in the case you are appealing.
B.	Your name (as appellant), the case number, the name of the court and the date of the decision you are appealing.
C.	The type of case you are appealing with a description of the charge, if appropriate.
D.	A description of each decision you want reviewed.
E.	Your address and telephone number and the name, address and telephone number of your attorney (if you have one); your opponent, or the attorney for your opponent, or the prosecuting attorney involved in your case.

This information is available from the court where your case was decided.

IV. FILING AN APPEAL: (RALJ 2.4)
When you have filled out the Notice of Appeal form, take the original and three (3) copies to the District/Municipal Court where your case took place and do the following:

	File the original Notice of Appeal and one (1) copy with the District/Municipal Court.
	Take the second copy to your opponent’s attorney or the prosecutor’s office. (Have your copy stamped “received” while you are there.)
	Keep the third copy for your records.
	Pay the court filing fee.

There is a filing fee of $110.00 for appeals of infractions and civil cases. This fee is payable to the District/Municipal court in cash or by cashier’s check or money order. No Personal Checks are accepted. No filing fee is due when a criminal case is appealed, but the filing fee may be assessed later.

Once you have filed the Notice of Appeal and paid the filing fee, the District/Municipal Court will send a copy of the Notice to the Clerk of the Superior Court.

V. GETTING THE APPEAL RECORD TO THE SUPERIOR COURT: (RALJ 2.4, 6.2 (a))
No later than 14 days after you file the Notice of Appeal, you must complete the Designation of Record on Appeal form. This form is available at the court office. This form tells the District/Municipal Court which portions of the record you want sent to the Superior Court. You must be specific in your designation, especially in noting the tape numbers where your case can be found.

	Take the original and one (1) copy of the Designation of the Record on Appeal to the District/Municipal Court.
	Take a second copy of the Designation to your Opponent’s attorney or the prosecutor’s office. (Have your copy stamped “received” while you are there).
	Keep the third copy for your records.
	Pay the District/Municipal Court the appeal processing fee at that time or within 10 days after the court tells you the record is ready to send.

The processing fee is $40.00 which covers the costs of preparing and transmitting the Court record and up to two audio tapes to the Superior Court. If additional tapes are required, or if you want copies of tapes yourself, they are available for a fee of $10.00 each.

Please note: If you do not complete the Designation of the Record on appeal and pay the necessary fees, your appeal transcript will not be sent to the Superior Court.

VI. NOTICES:

At the address you have provided the District/Municipal Court, you will receive notification of your hearing dates from the Clerk of the Superior Court. This notice will include the number given your appeal by the Superior Court. Include this number on all documents you file in the Clerk’s Office. The first hearing is held approximately 12 weeks after your Notice of Appeal is received by the Clerk of the Superior Court. The hearing is held in the Presiding Department of the Superior Court. The purpose of the hearing is to make sure that all the briefs have been filed and the appeal is ready to be heard by a Superior Court Judge. If everything is ready, you will receive a letter telling you when and where the oral argument will be heard.

VII. BRIEFS: (RALJ 7.2)
You must file a brief with the Superior Court within 45 days of filing your Notice of Appeal. This is a written document explaining to the Superior Court what happened in the District/Municipal Court and what decisions you want reviewed. You will need to indicate the tape numbers where these decisions can be found. You will be expected to point out legal authority supporting your position. Your brief should include the Superior Court case number. Your original brief and two (2) copies should be taken the Lewis County Clerk’s office, Law and Justice Center, Chehalis. The clerk will keep the original and stamp the other two. Once copy must be served on the prosecutor and/or your opponent’s attorney who will stamp “received” on your copy. The third should be kept for your records.

VIII. STAY OF ENFORCEMENT OF JUDGMENT: (RALJ 4.3)
Once a final decision has been made in the District/Municipal Court, the judgment will be carried out unless a stay of enforcement of judgment is entered.

In a criminal case you must request a stay of judgment from the Court that entered the decision. The District/Municipal Court may set bail or bond at a reasonable sum, or the court may determine that enforcement of the sentence should be stayed without cash bail or bond.

In a civil case, you must file a motion in Superior Court to stay the enforcement of the District/Municipal Court judgment.

IMPORTANT
Be sure to read carefully any documents sent to you by the court.

If you do not file your paperwork with the court or the prosecutor on time, your appeal may be dismissed.

These instructions are intended to provide you with an overview of the procedures for the appeal process. You should also consult the Rules for Appeal of Decisions of Courts of Limited Jurisdictions (RALJ), which govern the appeal process. The RALJ rules are found in the County Law Library in Chehalis.