A Guide to Appellate Motions on the Merits, By James Verellen, Ryan P. McBride & Leonard J. Feldman


Parties to an appeal often feel they have little choice but to follow Washington’s ordinary appellate procedure. Briefs are filed, a panel is selected, oral argument is heard and a decision is ultimately handed down. By its nature, the process can be protracted and expensive. In appropriate cases, however, there may be an alternative.

The “motion on the merits” procedure is intended to provide prompt and economical review of a trial court decision where the issues raised on appeal are clear. This note gives practitioners an overview of the rules governing motions on the merits and offers some advice to consider in deciding whether to file a motion on the merits and in preparing (and arguing) such a motion.

Please see full note for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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