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Office of Public Defense

Procedure and Forms to File an Appeal
(Forms effective after June 30, 2005)

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 FILING AN APPEAL AFTER SENTENCING FOR
AN INDIGENT CRIMINAL DEFENDANT
(RAP 5.1, 5.2, 5.3, 5.4)


Trial attorneys whose clients wish to file an appeal from their judgment and sentence should take the following steps: 

  1. Prepare a Motion and Declaration * (pdf file / word file) and Order of Indigency (pdf file / word file), present them to the judge for signature and file them with the Superior Court Clerk.
     
  1. Prepare a Notice of Appeal (pdf file / word file), attach 

(A) a copy of the Judgment and Sentence AND

(B) proof of service on the prosecutor,

 and file with the Superior Court Clerk within 30 days of the entry of the Judgment and Sentence.

 The Superior Court Clerk will transmit the Notice of Appeal and Order of Indigency to the Court of Appeals, and once the Notice of Appeal and Order of Indigency have been received, the Court of Appeals will appoint appellate counsel.

*Many attorneys take the Motion and Declaration of Indigency to sentencing for the defendant to sign at that time.

**Forms are provided in PDF format, which can be viewed and printed using Acrobat Reader (available for free from Adobe’s download site.)
*** A network password box may appear for Word Documents, click Cancel.

    

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Copyright © 2005 Washington State Office of Public Defense. All rights reserved
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