There are 4 basic ways of appealing a court decision you don’t agree with:
- a Revision (from a Commissioner to a Judge);
- a Reconsideration (back to the Judge or Commissioner who just ruled);
- an Appeal (to the Court of Appeals); and
- a CR60 motion (for cases of clerical error, fraud, etc.).
We’ll look at Revisions first, and go over the other types of appeals in future posts.
A Revision: Revisions are only on rulings by commissioners, never on rulings by judges.
Anyone in King County who doesn’t like the result of a family law hearing they have in front of a Superior Court Commissioner – be it a Temporary Orders hearing, a Contempt hearing, a Review hearing, an Order for Protection hearing, etc. – has an automatic right to a do-over in front of a Judge. The Judge will see exactly the same evidence that the Commissioner did, and will almost never allow new evidence, even when it may seem reasonable (such as when you get results back from drug or alcohol testing).
King County Local Civil Rule 7(b)(8) talks about revisions. Here are a few things it doesn’t say:
- The rule says that “The motion shall identify the error claimed.” You don’t have to be specific about this. You just have to say that the Commissioner made a mistake in her ruling. Revision motions are often just 2 pages long, because all of the necessary information is in the original motion, and you can’t add more evidence.
- If you have a case schedule, you will see that there is a named Judge assigned to your case. This is the Judge who will hear your revision, and the Judge you should send your paperwork to (via the Judge’s mailroom, not the actual courtroom). If you don’t have a case schedule and an assigned Judge, you send your motion to the Chief UFC Judge (if your case concerns child support or parenting) or the Chief Civil Judge (if your case just involves property, money and debts). If in doubt, ask the clerk’s office.
- The rule says that the hearing shall be scheduled within 21 days unless the Judge rules otherwise. In practice, it’s almost never within 21 days. What you do is get a couple of available dates from the Judge’s clerk, then call the other party (or lawyer, if the person is represented) to sort out a mutually convenient time.
- You have to provide the Judge with the electronic recording, if there is one (there usually is). You get this at the clerk’s office, but it helps to have the tape number. The place to get the tape number is from the clerk of the Commissioner who just ruled. So if you think you might want a revision, ask the clerk for the tape number right after the hearing.
- The rules are spectacularly unclear as to whether you are allowed a strict reply to the opposing party’s response to your motion. You can file one if you like. Even though there’s no actual deadline, if you want the Judge to read your reply, you should file it at the Judge’s mailroom a couple of days before the hearing.
And remember, just like the rules say, the Order stands unless and until it’s overturned – even if you’re asking for a revision.
You have exactly 10 days to file for a revision (LCR 7(b)(8)) from the date of the order (usually the same date as the hearing), by 4:30 pm (when the clerk’s office closes). Revisions on orders signed on a Wednesday or Thursday, however, may be filed two Mondays later (because 10 days falls on a weekend day) (CR6(a)).
If you wait 11 days you will be completely out of luck. These rules are pretty absolute. Do yourself and your blood pressure a favor and get it in a couple of days early (including serving the other party or lawyer).
REMEMBER – Though I have attempted to make this accurate as of today’s date, the information is not exhaustive, and these court rules and procedures change frequently. This post should not be relied upon in deciding what steps you should or should not take in your own case. For that, find a good lawyer.
Also, please note that my view of the rules is my own. It does not represent the views of Court, the KCBA, or the KCBA Family Law Section.
