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An appeal is a legal process in which a higher court reviews the decision of a lower court to determine whether legal errors occurred that affected the outcome. In Tacoma, Washington, appellate work primarily involves appeals from the Pierce County Superior Court to the Washington Court of Appeals - Division II, which sits in Tacoma. Further review from the Court of Appeals can be sought at the Washington State Supreme Court under limited circumstances. Appeals focus on the trial record, questions of law, and whether the trial court followed applicable rules and procedures.
Appellate practice is specialized and differs substantially from trial work. You may need an appellate lawyer if any of the following apply:
- You believe the trial court made a legal error that affected the verdict or sentence.
- You face a criminal conviction or sentence you want reviewed.
- You need help identifying appealable issues and preserving the record for appeal.
- The case involves complex questions of law, statutory interpretation, constitutional claims, or administrative law.
- You need to meet strict deadlines and procedural requirements in the Washington Rules of Appellate Procedure.
- You want experienced brief-writing and oral-argument representation, which can materially affect outcomes.
Key local and state rules and structures that affect appeals in Tacoma include the following:
- Court structure - Appeals from Pierce County Superior Court decisions generally go to the Washington Court of Appeals - Division II, which holds sessions in Tacoma. Further discretionary review can be sought at the Washington State Supreme Court.
- Timelines - Washington appellate rules set strict filing deadlines. In most civil and criminal cases, a notice of appeal must be filed within 30 days after entry of judgment or order appealed, but exceptions and different timelines can apply depending on the case type and post-judgment motions. Always verify the specific deadline that applies to your case.
- Preservation of issues - To raise an issue on appeal, it generally must have been raised at trial or in the trial-court record. Failure to object or preserve an issue can bar appellate review.
- Record on appeal - Appellate courts review the trial record. Parties must ensure the clerk's papers, transcripts, and exhibits are properly designated and filed. The appellate court usually will not consider new evidence not presented at trial.
- Standards of review - Different standards apply depending on the issue: questions of law are typically reviewed de novo (fresh review); factual findings are reviewed for substantial evidence; discretionary rulings are reviewed for abuse of discretion.
- Briefing and oral argument - Parties submit written briefs that argue the legal errors and applicable law. Oral argument may be scheduled but is often limited in time.
- Stays and bonds - A party seeking to stay judgment or execution of a judgment pending appeal may need to post a bond (a supersedeas or appeal bond) and meet other requirements to prevent enforcement during appeal.
- Local court practices - Pierce County Superior Court and local clerk offices have administrative practices you must follow for retrieving records and processing appeals. The Court of Appeals - Division II has its own local appellate procedures consistent with the state rules.
An appeal is a request to a higher court to review a lower court's decision for legal or procedural errors. It is not a retrial of factual issues; the appellate court examines the record and the application of law.
Deadlines vary, but many appeals require a notice of appeal within 30 days after the entry of judgment or the order you want to appeal. Different timelines can apply depending on the type of case and whether post-judgment motions were filed. Confirm the exact deadline that applies to your matter right away.
Yes, you can represent yourself (pro se), but appellate procedure is technical. Mistakes with deadlines, record designation, or brief formatting can result in dismissal. For most people, hiring an appellate attorney significantly improves the chance of a complete and effective appeal.
You can appeal legal errors, misapplication of statutes, incorrect jury instructions, improper evidentiary rulings, insufficient evidence to support findings, and constitutional violations. Appeals do not usually revisit factual credibility assessments unless clearly unsupported by the record.
No. Appellate courts review the record created in the trial court. New evidence is generally not allowed. If evidence was improperly excluded at trial, your remedy is to show that the exclusion was a prejudicial legal error.
The trial-court judgment remains in effect unless you obtain a stay. To stay enforcement you may need to post a bond and meet statutory or court-ordered conditions. Criminal defendants sometimes remain in custody during appeal unless a stay or release pending appeal is granted.
Appeal timelines vary. Once briefing is complete, it can take several months to over a year for the appellate court to issue a decision. Complex cases and requests for further review at the state Supreme Court add time.
The appellate court may affirm the lower court, reverse it, remand the case for a new trial or further proceedings, or modify the judgment. Sometimes the court will reverse part of a decision and remand other parts for additional action.
Costs include filing fees, transcript costs, record preparation fees, and attorney fees if you hire counsel. Appellate attorneys often bill differently than trial attorneys, with fees for legal research and brief writing. Fee waivers or in-forma-pauperis status may be available if you cannot afford fees.
Look for lawyers who specialize in appellate practice or who list appellate experience. Contact the Washington State Bar Association, the Tacoma-Pierce County Bar Association, or local legal aid clinics for referrals. Ask potential lawyers about their appellate experience, success rate, fee structure, and approach to briefing and oral argument.
Here are organizations and offices that can help you find information or representation:
- Court of Appeals - Division II - clerk and local rules and procedures apply to appeals heard in Tacoma.
- Pierce County Superior Court - records and clerk services for trial court documents and transcripts.
- Tacoma Municipal Court and other local trial courts - for cases originating in municipal or district courts.
- Washington Rules of Appellate Procedure and the Revised Code of Washington - the primary sources for appellate procedure and statutes.
- Washington State Courts - provides general information, self-help resources, and court forms.
- Washington State Bar Association - lawyer referral services, ethics information, and resources to find counsel.
- Tacoma-Pierce County Bar Association - local bar resources and referral programs.
- Northwest Justice Project and local legal aid organizations - may provide low-cost or free assistance if you meet income qualifications.
- Pierce County Public Defender or the county's public defense office - for criminal defendants who may qualify for appointed counsel.
- Washington State Law Library - research resources and guidance for legal research.
If you are considering an appeal in Tacoma, follow these steps to protect your rights and prepare an effective appeal:
- Act quickly - determine the date of entry of judgment or order and calculate the appeal deadline immediately. Missing the deadline can forfeit your right to appeal.
- Obtain the record - request certified copies of the trial court docket, transcripts, and exhibits. Know which portions of the record you will need for your issues on appeal.
- Identify appealable issues - review the trial record to pinpoint legal errors, improper rulings, or constitutional concerns. Appellate counsel can help frame persuasive issues and arguments.
- Consult an appellate attorney - schedule a consultation to discuss the merits, likely outcomes, procedural steps, costs, and strategy. Ask about experience with the Court of Appeals - Division II and with similar cases.
- Consider preservation and motions - if you are still in the trial court, take steps to preserve issues for appeal. If judgment is recent, explore whether any post-judgment motions affect appeal timing.
- Prepare for possible stay or bond requirements - if you need to prevent enforcement of a judgment during appeal, ask your lawyer about a stay and any bond requirements.
- Budget for the process - understand fees for transcripts, record preparation, and appellate briefing. Discuss payment arrangements and written engagement terms with counsel.
- Stay informed - keep track of deadlines, filing requirements, and the briefing schedule. Maintain communication with your attorney and the clerk's office about filings and status.
Appellate matters can be technically demanding and time-sensitive. Early action and experienced appellate counsel increase the chances of a well-presented appeal and a favorable result.
