Obsolete Date: 3/1/2019
(a) In General.
(1) Statement Permitted. In a criminal case in which counsel representing an indigent defendant has submitted a brief, the indigent defendant may file a statement of additional grounds for review to identify and discuss matters that the indigent defendant believes were not adequately addressed in the brief filed by counsel.
(2) Length and Legibility The statement may not exceed 16 pages and may be handwritten so long as it is legible.
(3) Identification of Errors. The court will not consider an indigent defendant's statement of additional grounds for review if it does not inform the court of the nature and occurrence of alleged errors. Reference to the record and citation to authority is required.
(b) Filing; Response.
(1) Time for Filing. The statement of additional grounds for review must be filed within 30 days after service on the indigent appellant of the brief prepared by indigent appellant's counsel. The indigent defendant must serve all parties with the statement of additional grounds for review.
(2) Additional Briefing; Oral Argument by Indigent Defendant. The court may, in the exercise of its discretion, allow additional briefing to address issues raised in the indigent defendant's statement. Participation in oral argument by the indigent defendant is permitted only by order of the court on its own motion in exceptional cases.
The title of this rule was amended, effective October 1, 2014, to clarify that an indigent defendant may file a statement of additional grounds for review.
Paragraph (a)(1) was amended, effective March 1, 2019, to allow supplemental statements to be filed in post-conviction relief cases.
Paragraph (a)(2) was amended, effective March 1, 2013, to decrease the page volume allowed in a supplemental brief.
SOURCES: Joint Procedure Committee Minutes of September 26, 2013, page 22; January 26-27, 2012, pages 8-9; September 30, 2011, pages 11-12; April 28-29, 2011, page 18-20; September 25, 2008, pages 7-12; Wash.R.App.P. 10.10, 18.3.