Rule RAP 60 - Original Proceedings in Appellate Courts(A)Applicability. Original proceedings in an appellate court may be prosecuted only against a judge or agency whose decisions may be reviewed as a matter of right by that appellate court. All other actions must be prosecuted in accordance with applicable law.(B)Commencement. Original actions brought under this rule may be prosecuted upon payment of the filing fee required by RAP 13 and the filing of a petition in the format prescribed by this rule, RAP 5, and RAP 7. Five copies (4 bound and 1 unbound) shall be filed.(C)Content of the Petition. The petition must set forth: (1) The name of each respondent against whom relief is sought;(2) The name of each real party in interest and that party's counsel. A real party in interest for purpose of this rule, RAP 60, is any party in the circuit court action from which the original action arises who may be adversely affected by the grant or denial of the relief sought in the petition;(3) The style and case number of any underlying action pending in a circuit court or in the Court of Appeals;(4) An explicit statement of the relief sought;(5) A clear and concise statement of (a) the material facts of the action, with express reference to any order sought to be reviewed and the ground on which jurisdiction is alleged; (b) the questions of law involved with citations to authority pertinent to each question; and (c) the reasons why relief should be granted;(6) An appendix containing any items permitted by paragraph (E) of this rule, and copies of any orders or other papers relevant to the action; and(7) Proof of service on all respondents and real parties in interest as required by RAP 5(A).(D)Response. The party against whom relief is sought and any real party in interest may, within 20 days after the date on which the petition was filed, file a response that conforms to RAP 5 and RAP 7. A responding party may submit evidence as permitted by paragraph (E) of this rule.(E) Evidence. Parties may submit evidence with the petition or response in the form of exhibits, affidavits, counter-affidavits, depositions, documents filed in the underlying case, and the electronic record of any relevant proceedings.(F)Length. Except by the court's permission, and excluding the accompanying documents permitted by paragraph (C)(6), petitions and responses filed under sections (C) and (D) shall be limited to 14,000 words or 30 pages if computer generated and limited to 40 pages if handwritten or typewritten. If a computer-generated document exceeds the page limit but is within the word limit, a word-count certificate in conformity with RAP 15 is required.(G)Submission and Disposition. Original actions will be submitted for decision when the response is filed or the time for filing has expired, whichever is sooner, unless otherwise ordered by the court. Replies are not permitted.(H)Emergency Relief(1) If any party requires relief prior to a ruling on the petition, the party may, upon a showing that immediate and irreparable harm will occur, move in conformity with RAP 7 for a temporary order in the court in which the original action is filed.(2) No appeal to the Supreme Court may be sought of an order disposing of a motion for emergency relief brought under this rule.(3) A party adversely affected by an order of a circuit court acting as an appellate court and disposing of a motion for emergency relief brought under this rule may seek relief in the Court of Appeals utilizing the provisions of RAP 20(C)(2) and RAP 20(D). The filing of a motion under RAP 20 does not stay proceedings in the circuit court.(I)Appeals to the Supreme Court.(1) An appeal may be taken to the Supreme Court as a matter of right from a final order disposing of an original action prosecuted in the Court of Appeals. The Rules of Appellate Procedure shall apply except as set forth in this paragraph RAP 60(I).(2) The notice of appeal and filing fee as set forth in RAP 2 and 13 shall be filed with the Clerk of the Court of Appeals no later than 30 days after the date the judgment or order appealed from was entered. A cross-appeal may be taken in the time and manner specified in RAP 4, except that the notice of cross-appeal and filing fee shall be timely filed with the Clerk of the Court of Appeals. (3) An appellant's brief shall be filed within 30 days of the date of the notice of certification, and further briefing shall proceed as in expedited appeals, RAP 30(E), except that in workers' compensation cases, briefing shall proceed in accordance with RAP 30(C). An appellant's brief and an appellee's combined response brief/cross-appellant's brief, if any, shall set forth arguments for reversal or modification of the judgment or order from which the appeal and crossappeal, if any, are taken. Briefing shall comply with RAP 31 and 32.(4) Briefs in response to an appeal or cross-appeal shall be required. Where an appeal is taken against a judge in the Court of Justice and concerns performance of an official act, the party appealing shall serve notice on the real party in interest, who shall be required to file a brief on behalf of the judge against whom the appeal or crossappeal is taken. No attorney shall, however, be required or permitted to file such a brief where to do so would conflict with the interest of the attorney's client.(5) The Clerk of the Court of Appeals shall transmit all or any portion of the original record of the proceedings to the Supreme Court when so requested by the clerk of that court.(J)Appeals to the Court of Appeals when Circuit Court Sits as Appellate Court in Original Actions.(1) An appeal may be taken to the Court of Appeals as a matter of right from a final order disposing of an original action prosecuted in the circuit court. The Rules of Appellate Procedure shall apply except as set forth in this paragraph, RAP 40(J).(2) The notice of appeal and filing fee as set forth in RAP 2 and 13 shall be filed with the circuit court clerk no later than 30 days after the date the judgment or order appealed from was entered. A crossappeal may be taken in the time and manner specified in RAP 4. Briefing shall proceed as in expedited appeals, RAP 30(E), and shall comply with RAP 31 and 32. Briefs shall be required as set forth in RAP 60(I)(4) above.(3) The circuit court clerk shall transmit all or any portion of the original record of the original proceedings to the Court of Appeals when so requested by the clerk of that court.(4) Further relief, if any, from a Court of Appeals judgment or order ruling on a matter of right appeal from an original action prosecuted in the circuit court may be sought in the Supreme Court pursuant to RAP 44, motions for discretionary review.Adopted by order 2022-49, eff. 1/1/2023.