Washington Form 2. Notice of Discretionary Review

State:
Washington
Control #:
WA-SKU-1685
Format:
Word
Instant download
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Description

Form 2. Notice of Discretionary Review

Washington Form 2 Notice of Discretionary Review is a legal document used in the state of Washington when a person wishes to challenge a decision or ruling of an administrative law judge. It is filed with the Washington State Supreme Court, and it must be filed within 30 days of the administrative law judge’s decision. This form is used to request that the Supreme Court review the decision of the administrative law judge and to provide the petitioner with the legal grounds on which the decision can be challenged. The form includes the parties to the case, the facts of the case, the administrative law judge’s decision, and the legal grounds on which the decision can be challenged. There are two types of Washington Form 2 Notices of Discretionary Review: a Request for Discretionary Review and an Application for Discretionary Review. A Request for Discretionary Review is used when the petitioner wishes to argue that the administrative law judge’s decision is contrary to law or unsupported by substantial evidence. An Application for Discretionary Review is used when the petitioner wishes to argue that the administrative law judge’s decision is an abuse of discretion or that the outcome would be substantially different if the administrative law judge had applied the law correctly.

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FAQ

File the Notice of Appeal and both attachments with the Superior Court Clerk within 30 days of the entry of the Judgment and Sentence.

The Court of Appeals has authority to reverse (overrule), remand (send back to the lower court), modify, or affirm the decision of the lower court. The court decides each case after reviewing the transcript of the record in the superior court and considering the arguments of the parties.

Generally speaking, you must file a notice of appeal in the trial court within 30 days of its decision. You must specify in your notice what issue or issues you want to be reviewed by the appellate court and must file the notice upon the other party.

Discretionary review is the authority appellate courts have to decide which appeals they will consider from among the cases submitted to them. This offers the judiciary a filter on what types of cases are appealed, because judges have to consider in advance which cases will be accepted.

Modification of the decree is done by filing a Petition to Modify the Decree and supporting documents demonstrating a substantial change of circumstance with the court, and serving those documents on the opposing party before the child is emancipated.

A notice of appeal must be filed in the trial court within the longer of (1) 30 days after the entry of the decision of the trial court which the party filing the notice wants reviewed, or (2) the time provided by statute as described in RAP 5.2e.

As aforementioned, you cannot undo a divorce in Washington, but some states allow for reversals. Illinois, Nebraska, Mississippi, Arkansas, Maryland, and Kentucky are some of the states that will allow couples to vacate their divorce if they make their request within a certain amount of time.

Regular motion procedure governs. The party seeking discretionary review must file in the appellate court a motion for discretionary review within 15 days after filing the notice for discretionary review.

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Washington Form 2. Notice of Discretionary Review