Understanding Appeals And Discretionary Review In Washington State

When a trial court makes a decision that doesn't go your way, it can feel frustrating or unfair. Fortunately, you may have the option to ask a higher court to review that decision. However, not every ruling can be appealed automatically, and not every appeal works the same way.

In Washington state, there are two main paths to have a trial court decision reviewed:

1. Appeal as a Matter of Right, and
2. Discretionary Review (which requires permission from the appellate court).

Understanding the difference between these two processes is key to knowing your options and choosing the right approach for your case.

1. Appeals as a Matter of Right

An appeal as a matter of right means you are automatically entitled to have an appellate court review the trial court's decision — as long as you follow the proper procedures and file on time.

This type of appeal applies only to certain kinds of decisions, typically those that end the case in the trial court. Some common examples include:

• A final judgment that resolves all claims in the case.
• An order granting or denying a new trial.
• A decision that ends parental rights or determines a child's dependency status.
• An order granting or denying a motion to vacate a judgment (essentially asking the court to undo a prior ruling).

If your situation falls into one of these categories, you generally have the right to appeal — meaning the appellate court must consider your case, even if it ultimately upholds the trial court's decision.

To start an appeal, you must file a notice of appeal in the trial court within a specific time period (usually 30 days after the decision is entered). Missing this deadline can cause you to lose your right to appeal, so it's critical to act quickly and get legal advice early.

2. Discretionary Review

Not all trial court decisions qualify for an automatic appeal. Many rulings made in the middle of a case — such as an order denying summary judgment or a procedural ruling — are considered interlocutory (not final).

If you want to challenge one of these non-final decisions, you must ask the appellate court to take the case through what's called discretionary review. As the name suggests, the appellate court has discretion — meaning it can choose whether or not to hear your case.

Discretionary review is only granted in limited situations, usually when:

• The trial court's decision conflicts with prior appellate or Supreme Court decisions.
• The case involves a significant legal question or constitutional issue.
• The ruling affects a matter of broad public interest.
• The trial court made such a serious error that allowing the case to continue would cause major injustice or waste resources.

Because these standards are high, discretionary review is rarely granted. Courts generally prefer to wait until the trial is over before reviewing most issues.

Examples

• Summary Judgment Denials: Typically, you can't appeal a judge's refusal to grant summary judgment before trial. However, if the trial court's ruling contains a clear legal error that would make further proceedings pointless, the appellate court may agree to review it.
• Dependency Cases: In family and dependency matters, most interim orders are not automatically appealable. Only major decisions — such as those that significantly change custody or parental rights — can usually be appealed as a matter of right.
• Appeals from District or Municipal Court: If your case began in a lower court and was reviewed by a superior court, any further review by the Court of Appeals or Supreme Court is usually discretionary.

Timing and Procedure

The deadlines for seeking review are strict. For most appeals as a matter of right, you must file your notice of appeal within 30 days after the trial court enters its decision.
For discretionary review, you must file a motion for discretionary review within a similar timeframe, explaining why your case meets the specific standards for review.

In cases with multiple claims or parties, there are special rules that can affect when and how appeals must be filed, so it's important to consult with an attorney to ensure your rights are preserved.

Strategic Considerations

Deciding whether to pursue an appeal as a right or request discretionary review involves careful judgment. Discretionary review may be appropriate when:

• The trial court made a clear legal error affecting the outcome of the case.
• The issue raises an important constitutional or statewide question.
• The ruling conflicts with existing law.
• Waiting until the end of the case would cause irreparable harm.

Because discretionary review is difficult to obtain, your attorney will evaluate whether it's strategically and legally worthwhile to seek it.

Conclusion

If you believe the trial court made a mistake in your case, it's essential to understand your options for appellate review.

• An appeal as a matter of right gives you a guaranteed chance to have a higher court review certain types of final decisions.
• Discretionary review is available only in limited situations and requires the appellate court's permission.

Both processes involve detailed procedural rules and strict deadlines, so prompt action and experienced legal guidance are critical.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.