Rule RAP 44 - Motion for Discretionary Review(A)General. A motion for discretionary review by the Supreme Court of a decision of the Court of Appeals, and a motion for such review by the Court of Appeals of a judgment of the circuit court in a case appealed to it from the district court, shall be prosecuted as provided by this rule and in accordance with the rules generally applicable to other motions. Such review is a matter of judicial discretion and will be granted only when there are special reasons for it.(B)Time for Motion.(1) A motion for discretionary review by the Court of Appeals of a circuit court judgment in a case appealed from the district court shall be filed within 30 days after the date on which the judgment of the circuit court was entered, subject to the provisions of CR 77.04(2) and Criminal Rule 12.06(2).(2) A motion for discretionary review by the Supreme Court of a Court of Appeals decision shall be filed within 30 days after the date of the order or opinion sought to be reviewed unless a timely petition or motion under RAP 43 has been filed or an extension of time has been granted for that purpose, in which event a motion for discretionary review shall be filed within 30 days after the date of the order denying the petition or motion for reconsideration or, if it was granted, within 30 days after the date of the opinion or order finally disposing of the case in the Court of Appeals.(3) The failure of a party to file a motion for discretionary review within the time specified in this rule, or as extended by a previous order, shall result in a dismissal of the motion for discretionary review.(C)Contents. The motion shall conform to RAP 5 and shall contain the name of the party on whose behalf the motion is submitted. The motion shall also contain: (1) The name of each movant and each respondent and the names and addresses of their counsel;(2) The date of entry of the judgment sought to be reviewed, or the date of final disposition by the Court of Appeals, as the case may be;(3) A statement of whether a supersedeas bond, or bail bond on appeal, has been executed;(4) If the motion is addressed to the Supreme Court, a statement that the movant does not have a petition for rehearing or motion for reconsideration pending in the Court of Appeals and a statement showing whether any other party to the proceeding has a petition for rehearing or motion for reconsideration pending in the Court of Appeals; and(5) A clear and concise statement of (a) the material facts, (b) the questions of law involved, and (c) the specific reason or reasons why the judgment should be reviewed.(D)Length. The motion shall not exceed 5,250 words or 13 pages in length if computer-generated and shall not exceed 15 pages in length if handwritten or typewritten. The caption, certificate of service, and the items listed in section (C)(1) through (C)(4) above are excluded from the word and page limits. A motion that exceeds the page limit but falls within the word limit must include a word-count certificate in conformity with RAP 15.(E)Response to Motion. Each respondent may file a response to the motion within 30 days after the motion is filed. Paragraph (D) of this rule applies to the response. No reply to a response shall be filed.(F)Record on Motion. The movant shall file with each motion copies of the final order or judgment, any findings of fact, conclusions of law and opinion of the trial court, and any opinion or final order of the appellate court, including any decision on any petition for rehearing or motion for reconsideration. In administrative agency cases, copies of the findings of fact, conclusions of law and award or order of the administrative agency shall be filed. While no other record on the motion shall be required unless the court to which the motion is addressed so orders, the parties may attach copies of portions of the record that will assist the court in considering the motion or response.(G)Form, Signing, and Number of Copies Required. The motion and the response shall be clearly readable, in black type no smaller than 12 point (including footnotes), single sided, and on unglazed white paper 8 ½ by 11 inches in dimension with at least a double space between lines and 1-inch margins. The motion and response shall be signed by each party or its counsel in that person's individual name, which signature shall constitute a certification that the statements of fact therein are true. Ten copies (1 unbound and 9 bound) shall be filed for a motion in the Supreme Court and 5 (1 unbound and 4 bound) in the Court of Appeals.(H)Service of Motion and Response. Upon filing, the motion and the response shall be served on the other parties and on the clerk of the court whose decision is sought to be reviewed, and such service shall be shown as provided in RAP 5.(I)Submission. The motion shall be submitted to the court for consideration when the response is filed or when the time for filing such response has expired, whichever is sooner.(J)Disposition of Motion. The denial of a motion for discretionary review does not indicate approval of the opinion or order sought to be reviewed and shall not be cited as connoting such approval. (1) If the motion is in the Supreme Court and is granted, the times prescribed in RAP 30 for the filing of briefs shall be computed from the date of the entry of the order granting the motion. In further proceedings in the Supreme Court, the movant shall be the appellant and the respondent shall be the appellee.(2) If the motion is in the Court of Appeals and is granted, the appeal shall be perfected in the same time and manner as if it were an appeal as a matter of right, unless otherwise directed by the court.(3) A motion for discretionary review in the Supreme Court will not be ruled upon during the pendency of a petition for rehearing or motion for reconsideration in the Court of Appeals. If a party files a timely petition for rehearing or motion for reconsideration in the Court of Appeals after another party has filed a motion for discretionary review in the Supreme Court, the clerk shall withhold submission of the latter pending final disposition of the case in the Court of Appeals.(4) A ruling by the Court of Appeals granting or denying a motion for discretionary review will not be reconsidered by the Court of Appeals. A ruling by the Supreme Court granting or denying a motion for discretionary review will not be reconsidered by the Supreme Court. A motion for reconsideration, however styled, shall not be accepted for filing by the clerk of the Supreme Court or Court of Appeals.(5) Copies of the order shall be sent forthwith by the clerk of the appellate court to counsel for each party and to the clerk of the court whose decision is sought to be reviewed.(K)Costs. Payment of the filing fee specified in RAP 13 shall be required with the motion.Adopted by order 2022-49, eff. 1/1/2023.