As amended through October 28, 2024
Rule RAP 46 - Cross Motion for Discretionary Review(A)Time for Motion. If a motion for discretionary review is granted, the respondent shall then be permitted 10 days thereafter in which to file a cross motion for discretionary review designating issues raised in the original appeal that are not included in the motion for discretionary review but that should be considered in reviewing the appeal in order to properly dispose of the case.(B)Form and Response. A cross motion for discretionary review will be practiced in conformity with RAP 7, motion practice in appellate courts. Each cross respondent may file a response to the cross motion within 10 days after the cross motion is filed. No reply to a cross response shall be filed. Ten copies (1 unbound and 9 bound) of any cross motion or cross response shall be filed in the Supreme Court and 5 (1 unbound and 4 bound) in the Court of Appeals.(C)Record on Motion. The cross-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.(D)Suspension of Time. The filing of a cross motion for discretionary review shall suspend the running of time for briefing discretionary review as heretofore granted, and the full time for briefing shall be computed from the date of the order granting or denying the cross motion for discretionary review.(E)Briefing if Cross Motion Granted. If the cross motion for discretionary review is granted, the cross-movant shall brief the issues raised in the cross motion in the brief responding to the brief on behalf of the original movant. The original movant shall then be permitted to reply to the issues raised in the cross-motion in the reply brief permitted by RAP 30.Adopted by order 2022-49, eff. 1/1/2023.